Florida Statutes

Fla. Stat. § 903.16 (2025)

Deposit of money or bonds as bail.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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903.16 Deposit of money or bonds as bail.—

(1) A defendant who has been admitted to bail, or another person in the defendant’s behalf, may deposit with the official authorized to take bail money or nonregistered bonds of the United States, the state, or a city, town, or county in the state, equal in market value to the amount set in the order and the personal bond of the defendant and an undertaking by the depositor if the money or bonds are deposited by another. The sheriff or other officials may remit money or bonds received to the clerk to be held by the clerk pending court action or return to the defendant or depositor. The clerk shall accept money or bonds remitted by the sheriff.

(2) Consent is conclusively presumed for the clerk of the circuit court to sell bonds deposited as bail after forfeiture of the bond.

History.—s. 59, ch. 19554, 1939; CGL 1940 Supp. 8663(59); s. 1, ch. 59-353; s. 26, ch. 70-339; s. 4, ch. 91-306; s. 1480, ch. 97-102.

Notes of Decisions

Cited in 3 cases, 1974–2013 · leading case: Ferlita v. State, 380 So. 2d 1118 (Fla. 2d DCA 1980).

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Ferlita v. State, 380 So. 2d 1118 (Fla. 2d DCA 1980). “27 reads in pertinent part as follows: (1) If the forfeiture is not paid or discharged within thirty days and the bond is secured other than by money and bonds authorized in § 903.16 ... the state attorney . . shall file a certified copy of the order of forfeiture with the clerk…”

Resolute Ins. Co. v. State, Dade Cnty., 289 So. 2d 456 (Fla. 3d DCA 1974). “ "(1) If the forfeiture is not paid or discharged within thirty days and the bond is secured other than by money and bonds authorized in § 903.16, the state attorney shall file a certified copy of the order of forfeiture with the clerk of the circuit court for the county where…”

Polakoff & Aabbott Bail Bonds v. State, 111 So. 3d 253 (Fla. 5th DCA 2013). “If the surety follows this course and the bond is secured other than by money and bonds authorized in section 903.16, the clerk of the circuit court shall enter a judgment against the surety.”

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