Florida Statutes
Fla. Stat. § 903.14 (2025)
Contracts to indemnify sureties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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903.14 Contracts to indemnify sureties.—
(1) A surety shall file with the bond an affidavit stating the amount and source of any security or consideration which the surety or anyone for his or her use has received or been promised for the bond. The affidavit may be filed in person or electronically.
(2) A surety may maintain an action against the indemnitor only on agreements set forth in the affidavit. In an action by the indemnitor to recover security or collateral, the surety shall have the right to retain only the security or collateral stated in the affidavit.
(3) A limited surety or licensed bond agent may file a statement in lieu of the affidavit required in subsection (1). Such statement must be filed within 30 days from the execution of the undertaking.
History.—s. 57, ch. 19554, 1939; CGL 1940 Supp. 8663(57); s. 1, ch. 65-492; s. 1, ch. 69-151; s. 25, ch. 70-339; s. 1479, ch. 97-102; s. 6, ch. 2013-192.
Notes of Decisions
Cited in 7
cases, 1968–1987 · leading case: United Bonding Ins. Co. v. Tuggle, 216 So. 2d 80 (Fla. 2d DCA 1968).
United Bonding Ins. Co. v. Tuggle, 216 So. 2d 80 (Fla. 2d DCA 1968). “The case involves the construction of Section 903.14, Florida Statutes, F.S.A., which reads in material part: "Contracts to Indemnify Sureties (1) Every surety for the release of any person on bail, shall file with the undertaking an affidavit stating whether or not he or any…”
Boyd v. Int'l Fid. Ins., 412 So. 2d 944 (Fla. 3d DCA 1982). “They contend that the entry of summary judgment was error because the bonding company failed to file the full statement required by section 903.14, Florida Statutes (1979), 1 setting forth the amount of its bond and the source *945 of the security.”
Robert Pugh & Nathaniel Henderson v. James Rainwater, 557 F.2d 1189 (5th Cir. 1977). “Fla.Stat. § 903.14. 23 . Because the professional bondsman system in effect shifts the decision regarding pretrial release from the courts to private groups, it presents additional equal protection problems.”
Ewing v. Kaplan, 474 So. 2d 302 (Fla. 3d DCA 1985). “We agree with the conclusions below that the provision of section 903.14(3), Florida Statutes (1981) [1] that the bondsman's statement of any bond indemnification agreement "must" be filed in the trial court within thirty days after the execution of the bond is directory rather…”
Boyd v. Brett-Major, 449 So. 2d 952 (Fla. 3d DCA 1984). “The bonding company failed to file an affidavit as required by Section 903.14, Florida Statutes (1983), thereby creating an absolute defense to any subsequent foreclosure action.”
Bailey v. State, 282 So. 2d 32 (Fla. 1st DCA 1973). “, from seeking discharge from forfeiture since he did not disclose his interest as indemnitor in the bond as required by F.S. 903.14, F.S.A. [2] We have not overlooked F.”
Allied Fid. Ins. Co. v. Green, 511 So. 2d 439 (Fla. 1st DCA 1987). “The trial court dismissed the foreclosure count, finding appellant failed to include any pleading that an affidavit under section 903.14, Florida Statutes had been filed with the bond.”
— 903.14(2) — 1 case
Boyd v. Int'l Fid. Ins., 412 So. 2d 944 (Fla. 3d DCA 1982). “They contend that the entry of summary judgment was error because the bonding company failed to file the full statement required by section 903.14, Florida Statutes (1979), 1 setting forth the amount of its bond and the source *945 of the security.”
— 903.14(3) — 1 case
Ewing v. Kaplan, 474 So. 2d 302 (Fla. 3d DCA 1985). “We agree with the conclusions below that the provision of section 903.14(3), Florida Statutes (1981) [1] that the bondsman's statement of any bond indemnification agreement "must" be filed in the trial court within thirty days after the execution of the bond is directory rather…”
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