Tallahassee Bail Fund v. Clerk of the Circuit Court and Comptroller for Leon County

── Tallahassee Bail Fund v. Clerk of the Circuit Court and Comptroller for Leon County ── Court: Court of Appeals for the Eleventh Circuit Date: June 01, 2026 Category: CON USCA11 Case: 24-10827 Document: 55-1 Date Filed: 06/01/2026 Page: 1 of 40 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-10827 ____________________ TALLAHASSEE BAIL FUND, Plaintiff-Appellee, versus CLERK OF THE CIRCUIT COURT AND COMPTROLLER FOR LEON COUNTY, Defendant-Appellant, ATTORNEY GENERAL OF FLORIDA, Intervenor-Appellant. ____________________ Appeals from the United States District Court for the Northern District of Florida D.C. Docket No. 4:22-cv-00297-MW-MAF ____________________ USCA11 Case: 24-10827 Document: 55-1 Date Filed: 06/01/2026 Page: 2 of 40 2 Opinion of the Court 24-10827 & 24-10992 ____________________ No. 24-10992 ____________________ TALLAHASSEE BAIL FUND, Plaintiff-Appellant, versus CLERK OF THE CIRCUIT COURT AND COMPTROLLER FOR LEON COUNTY, Defendant-Appellee, ATTORNEY GENERAL OF FLORIDA, Intervenor-Defendant-Appellee. ____________________ Appeals from the United States District Court for the Northern District of Florida D.C. Docket No. 4:22-cv-00297-MW-MAF ____________________ USCA11 Case: 24-10827 Document: 55-1 Date Filed: 06/01/2026 Page: 3 of 40 24-10827 & 24-10992 Opinion of the Court 3 Before JORDAN, NEWSOM, Circuit Judges, and CORRIGAN,∗ District Judge. PER CURIAM: On a case-by-case basis, the nonprofit Tallahassee Bail Fund (“Bail Fund”) voluntarily posts bond for criminal pretrial detainees in Leon County, Florida, who, though deemed eligible for bond, simply cannot afford it. If a criminal defendant is on bond, ap- pears as ordered, is acquitted, or is convicted and does not owe any fines, the Clerk of Court returns the bond money in full to the Bail Fund, which then uses that money to post bond for the next indi- gent pretrial detainee it determines to help. However, by Florida statute, if a defendant is on bond, appears as ordered, is subse- quently convicted and owes any fines to the county, the Clerk must use the bond money to pay those fines before releasing the balance (if any) to the party who posted the bond. This statutory scheme significantly reduces the amount of money the Bail Fund has avail- able to bond out future defendants. The Bail Fund filed suit against the Leon County Clerk of Court claiming the statute re- quiring fines to be paid with bond money is unconstitutional under the Eighth Amendment as excessive bail for the criminal pretrial detainees and as an excessive fine on the Bail Fund. The district court agreed with the former but not the latter. Both parties ap- pealed. ∗ The Honorable Timothy J. Corrigan, Senior United States District Judge for the Middle District of Florida, sitting by designation. USCA11 Case: 24-10827 Document: 55-1 Date Filed: 06/01/2026 Page: 4 of