CopyAgo (Fla. Att'y Gen. 2006).
Published | Florida Attorney General Reports
Dear Mr. Burke: You have requested my opinion on substantially the following question: Do the terms of section
903.286 , Florida Statutes, supercede or repeal the requirements of section
939.17 , Florida Statutes, for purposes of distributing cash bond monies posted prior to July 1, 2005? Chapter 903 , Florida Statutes, governs the admission to bail of persons arrested for criminal offenses....
...28.246." As used in Chapter 903, the terms "bail" and "bond" "include any and all forms of pretrial release." 6 This provision became effective on July 1, 2005. 7 You have asked whether, following its enactment, this statute acts to supercede or repeal by implication the provisions of section 939.17 , Florida Statutes. Section 939.17 , Florida Statutes, deals with the application of cash deposits to fines and costs: "In any prosecution for an offense against the state or any political subdivision thereof, when money has been deposited by or on behalf of the defenda...
...amended. 8 The statute authorizes the clerk, upon court order, to use those moneys deposited to ensure the payment of the fine and costs of a defendant's prosecution, to satisfy the fine imposed by the court and the costs accruing from the action. 9 Section
939.17 , Florida Statutes, does not address bond posted for pretrial release. In Attorney General Opinion 97-24, this office was asked whether section
939.17 , Florida Statutes, applied exclusively to bonds deposited as the result of a judgment against a defendant or whether it would also apply to bonds deposited solely for the purpose of gaining pretrial release. The opinion noted that money deposited pursuant to section
939.17 , Florida Statutes, is separate and distinct from bond money collected and held pursuant to Chapter 903 , Florida Statutes, and is treated separately pursuant to section
939.17 . Nothing in the legislative history surrounding the enactment of section
903.286 , Florida Statutes, indicates a legislative intent to supercede the provisions of section
939.17 , Florida Statutes....
...Moreover, there is a general presumption that later statutes are passed with knowledge of prior existing laws, and a construction is favored giving each statute a field of operation rather than having the former statute repealed by implication. 10 Therefore, in light of the distinct nature of moneys collected pursuant to section
939.17 , Florida Statutes, and section
903.286 , Florida Statutes, and the Legislature's separate and distinct treatment of these funds, it is my opinion that each statute must be read to have an independent scope of operation. In direct response to your question, section
903.286 , Florida Statutes, was not enacted to and does not supercede or repeal by implication the provisions of section
939.17 , Florida Statutes....
...where he surrenders himself, or where he has been illegally arrested or the deposit has been illegally accepted). 5 See s. 57, Ch. 2005-236 , Laws of Florida. 6 See s.
903.011 , Fla. Stat. 7 See s. 76, Ch. 2005-236 , Laws of Florida. 8 See History, section
939.17 , Florida Statutes....
