Florida Statutes

Fla. Stat. § 903.26 (2025)

Forfeiture of the bond; when and how directed; discharge; how and when made; effect of payment.

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903.26 Forfeiture of the bond; when and how directed; discharge; how and when made; effect of payment.—

(1) A bail bond shall not be forfeited unless:

(a) The information, indictment, or affidavit was filed within 6 months from the date of arrest, and

(b) The clerk of court gave the surety at least 72 hours’ notice, exclusive of Saturdays, Sundays, and holidays, before the time of the required appearance of the defendant. Notice shall not be necessary if the time for appearance is within 72 hours from the time of arrest, or if the time is stated on the bond. Such notice may be mailed or electronically transmitted.

(2)(a) If there is a failure of the defendant to appear as required, the court shall declare the bond and any bonds or money deposited as bail forfeited. The clerk of the court shall mail or electronically transmit a notice to the surety agent and surety company within 5 days after the forfeiture. A certificate signed by the clerk of the court or the clerk’s designee, certifying that the notice required herein was mailed or electronically transmitted on a specified date and accompanied by a copy of the required notice, shall constitute sufficient proof that such mailing or electronic transmission was properly accomplished as indicated therein. If such mailing or electronic transmission was properly accomplished as evidenced by such certificate, the failure of the surety agent, of a company, or of a defendant to receive such notice shall not constitute a defense to such forfeiture and shall not be grounds for discharge, remission, reduction, set aside, or continuance of such forfeiture. The forfeiture shall be paid within 60 days after the date the notice was mailed or electronically transmitted.

(b) Failure of the defendant to appear at the time, date, and place of required appearance shall result in forfeiture of the bond. Such forfeiture shall be automatically entered by the clerk upon such failure to appear, and the clerk shall follow the procedures in paragraph (a). However, the court may determine, in its discretion, in the interest of justice, that an appearance by the defendant on the same day as required does not warrant forfeiture of the bond; and the court may direct the clerk to set aside any such forfeiture which may have been entered. Any appearance by the defendant later than the required day constitutes forfeiture of the bond, and the court shall not preclude entry of such forfeiture by the clerk.

(c) If there is a forfeiture of the bond, the clerk shall provide, upon request, a certified copy of the warrant or capias to the bail bond agent or surety company.

(3) Sixty days after the forfeiture notice has been mailed or electronically transmitted:

(a) State and county officials having custody of forfeited money shall deposit the money in the fine and forfeiture fund established pursuant to s. 142.01.

(b) Municipal officials having custody of forfeited money shall deposit the money in a designated municipal fund.

(c) Officials having custody of bonds as authorized by s. 903.16 shall transmit the bonds to the clerk of the circuit court who shall sell them at market value and disburse the proceeds as provided in paragraphs (a) and (b).

(4)(a) When a bond is forfeited, the clerk shall transmit the bond and any affidavits to the clerk of the circuit court in which the bond and affidavits are filed. The clerk of the circuit court shall record the forfeiture in the deed or official records book. If the undertakings and affidavits describe real property in another county, the clerk shall transmit the bond and affidavits to the clerk of the circuit court of the county where the property is located who shall record and return them.

(b) The bond and affidavits shall be a lien on the real property they describe from the time of recording in the county where the property is located for 2 years or until the final determination of an action instituted thereon within a 2-year period. If an action is not instituted within 2 years from the date of recording, the lien shall be discharged. The lien will be discharged 2 years after the recording even if an action was instituted within 2 years unless a lis pendens notice is recorded in the action.

(5) The court shall discharge a forfeiture within 60 days upon:

(a) A determination that it was impossible for the defendant to appear as required or within 60 days after the date of the required appearance due to circumstances beyond the defendant’s control. The potential adverse economic consequences of appearing as required may not be considered as constituting a ground for such a determination;

(b) A determination that, at the time of the required appearance or within 60 days after the date of the required appearance, the defendant was confined in an institution or hospital; was confined in any county, state, federal, or immigration detention facility; was deported; or is deceased;

(c) Surrender or arrest of the defendant at the time of the required appearance or within 60 days after the date of the required appearance in any county, state, or federal jail or prison and upon a hold being placed to return the defendant to the jurisdiction of the court. The court shall condition a discharge or remission on the payment of costs and the expenses incurred by an official in returning the defendant to the jurisdiction of the court; or

(d) A determination that the state is unwilling to seek extradition of the fugitive defendant within 30 days after a request by the surety agent to do so, and contingent upon the surety agent’s consent to pay all costs and the expenses incurred by an official in returning the defendant to the jurisdiction of the court, up to the penal amount of the bond.

(6) The discharge of a forfeiture shall not be ordered for any reason other than as specified herein.

(7) The payment by a surety of a forfeiture under this law shall have the same effect on the bond as payment of a judgment.

(8) If the defendant is arrested and returned to the county of jurisdiction of the court or has posted a new bond for the case at issue before judgment, the clerk, upon affirmation by the sheriff or the chief correctional officer, shall, without further hearing or order of the court, discharge the forfeiture of the bond. However, if the surety agent fails to pay the costs and expenses incurred in returning the defendant to the county of jurisdiction, the clerk shall not discharge the forfeiture of the bond. If the surety agent and the sheriff fail to agree on the amount of said costs, then the court, after notice to the sheriff and the state attorney, shall determine the amount of the costs.

History.—s. 69, ch. 19554, 1939; CGL 1940 Supp. 8663(69); s. 1, ch. 59-354; s. 2, ch. 61-406; s. 2, ch. 65-492; s. 1, ch. 69-150; s. 32, ch. 70-339; s. 1, ch. 77-388; s. 58, ch. 82-175; s. 173, ch. 83-216; s. 8, ch. 86-151; s. 1484, ch. 97-102; s. 4, ch. 99-303; s. 4, ch. 2000-178; s. 81, ch. 2004-265; s. 55, ch. 2005-236; s. 7, ch. 2013-192; s. 2, ch. 2017-168.

Notes of Decisions

Cited in 79 cases (6 in the last 5 years), 1956–2026 · leading case: Wiley v. State, 451 So. 2d 916 (Fla. 1st DCA 1984).

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Wiley v. State, 451 So. 2d 916 (Fla. 1st DCA 1984). · cites it 35× “*919 The applicable statute in effect in January 1977, when the defendant first failed to appear, was section 903.26, Florida Statutes (1975), which states: (1) A bail bond shall not be forfeited unless: * * * * * * (b) The clerk of court gave the surety at least seventy-two…”

Allied Fid. Ins. Co. v. State, 415 So. 2d 109 (Fla. 3d DCA 1982). · cites it 15× “Under Section 903.26, the surety is provided with two separate and distinct notices [3] : the first is a notice to produce the defendant at a time and place certain, see Section 903.”

Mike Snapp Bail Bonds v. Orange Cnty., 913 So. 2d 88 (Fla. 5th DCA 2005). · cites it 13× “50 to cover the cost of transporting Booher to Orange County, and that the check was delivered and paid to the Sheriff "timely," pursuant to the requirements of section 903.26. Girgenti testified this was accomplished on August 24, 2004, although it could have been as much as a…”

State v. Paul, 783 So. 2d 1042 (Fla. 2001). · cites it 4× “(1) Any defendant who willfully and knowingly fails to appear and breaches a bond as specified in section 903.26, Florida Statutes, and who voluntarily appears or surrenders shall not be eligible for a recognizance bond.”

Al Estes Bonding, Inc. v. Pinellas Cty. Bd. of Cty. Com'rs, 845 So. 2d 254 (Fla. 2d DCA 2003). · cites it 9× “That same day, Al Estes Bonding paid the ,000 bond pursuant to section 903.26 in order to *256 avoid the entry of a judgment against the surety under section 903.”

Bush v. Int'l Fid. Ins. Co., 834 So. 2d 212 (Fla. 4th DCA 2002). · cites it 6× “The criminal division judge found that the notice requirements of section 903.26, Florida Statutes, had not been satisfied, and granted the Surety's motion in an order ("the April 28th order"), stating: ORDERED AND ADJUDGED that the Surety's Motion is GRANTED.”

Easy Bail Bonds v. Polk Cnty., 784 So. 2d 1173 (Fla. 2d DCA 2001). · cites it 12× “Section 903.26(5)(c), Florida Statutes (1999), requires the court to condition the discharge or remission of a bond forfeiture on "the payment of costs and the expenses incurred by an official in returning the defendant to the jurisdiction of the court.”

Cnty. Bonding Agency v. State, 724 So. 2d 131 (Fla. 3d DCA 1998). · cites it 9× “The first question we must consider is whether the trial court can grant an extension of the thirty-five-day time period for payment or discharge contained in section 903.26, Florida Statutes. We conclude that the thirty-five-day period cannot be extended.”

Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004). · cites it 4× “(1) Any defendant who willfully and knowingly fails to appear and breaches a bond as specified in section 903.26, Florida Statutes, and who voluntarily appears or surrenders shall not be eligible for a recognizance bond.”

Dolly Bolding Bail Bonds v. State, 787 So. 2d 73 (Fla. 2d DCA 2001). · cites it 5× “In the proceeding below, the State convinced the trial judge that this court's decision in Pinellas was controlling, in part arguing that the failure to reference section 903.26 in the Pinellas opinion made forfeiture discharge a question of case law *74 rather than statutory…”

Weaver v. State, 370 So. 2d 1236 (Fla. 2d DCA 1979). · cites it 7× “But it would be illogical to conclude that the bondsman and his surety company are automatically relieved of their obligation under the bond in every case simply because of the failure to give the statutory notice of a forfeiture which has already occurred. Here appellant made…”

Ramsey v. State, 225 So. 2d 182 (Fla. 2d DCA 1969). · cites it 7× “The provisions of the three Session laws aforesaid [1] have been brought down in the biennial compilations as F.S. §§ 903.26 to 903.36, F.S.A. inclusive.”

Show all 79 citing cases →

— 903.26(1) — 6 cases

Wiley v. State, 451 So. 2d 916 (Fla. 1st DCA 1984). “*919 The applicable statute in effect in January 1977, when the defendant first failed to appear, was section 903.26, Florida Statutes (1975), which states: (1) A bail bond shall not be forfeited unless: * * * * * * (b) The clerk of court gave the surety at least seventy-two…”

Allied Fid. Ins. Co. v. State, 415 So. 2d 109 (Fla. 3d DCA 1982). “Under Section 903.26, the surety is provided with two separate and distinct notices [3] : the first is a notice to produce the defendant at a time and place certain, see Section 903.”

Al Estes Bonding, Inc. v. Pinellas Cty. Bd. of Cty. Com'rs, 845 So. 2d 254 (Fla. 2d DCA 2003). “That same day, Al Estes Bonding paid the ,000 bond pursuant to section 903.26 in order to *256 avoid the entry of a judgment against the surety under section 903.”

Bailey v. State, 282 So. 2d 32 (Fla. 1st DCA 1973).

Weaver v. State, 370 So. 2d 1236 (Fla. 2d DCA 1979). “But it would be illogical to conclude that the bondsman and his surety company are automatically relieved of their obligation under the bond in every case simply because of the failure to give the statutory notice of a forfeiture which has already occurred. Here appellant made…”

— 903.26(1)(b) — 14 cases

Bush v. Int'l Fid. Ins. Co., 834 So. 2d 212 (Fla. 4th DCA 2002). “The criminal division judge found that the notice requirements of section 903.26, Florida Statutes, had not been satisfied, and granted the Surety's motion in an order ("the April 28th order"), stating: ORDERED AND ADJUDGED that the Surety's Motion is GRANTED.”

Est. of Maltie v. State, 404 So. 2d 384 (Fla. 4th DCA 1981).

Allied Fid. Ins. Co. v. State, 499 So. 2d 932 (Fla. 1st DCA 1986).

— 903.26(2) — 8 cases

Ryan v. State, 380 So. 2d 539 (Fla. 5th DCA 1980).

Dependable Ins. Co. v. Union Cnty., 509 So. 2d 1228 (Fla. 1st DCA 1987).

— 903.26(2)(a) — 9 cases

Cnty. Bonding Agency v. State, 724 So. 2d 131 (Fla. 3d DCA 1998). “The first question we must consider is whether the trial court can grant an extension of the thirty-five-day time period for payment or discharge contained in section 903.26, Florida Statutes. We conclude that the thirty-five-day period cannot be extended.”

Sur. Contin. Herit. Ins. Co. v. Orange Cty., 798 So. 2d 837 (Fla. 5th DCA 2001).

Cnty. of Volusia v. Audet, 682 So. 2d 687 (Fla. 5th DCA 1996).

Hillsborough Cnty. v. ROCHE SUR. & CAS. CO., INC., 805 So. 2d 937 (Fla. 2d DCA 2001).

Singh Bail Bonds v. Brock, 88 So. 3d 960 (Fla. 2d DCA 2011).

— 903.26(2)(b) — 9 cases

Sur. Contin. Herit. Ins. Co. v. Orange Cty., 798 So. 2d 837 (Fla. 5th DCA 2001).

Hutchinson v. State, 133 So. 3d 552 (Fla. 2d DCA 2014).

Jack's Bail Bonds, Inc. v. Putnam Cnty., 574 So. 2d 302 (Fla. 1st DCA 1991).

Univ. Bail Bonds, Inc. v. State, 830 So. 2d 230 (Fla. 4th DCA 2002).

— 903.26(3)(a) — 1 case

Sur. Contin. Herit. Ins. Co. v. Orange Cty., 798 So. 2d 837 (Fla. 5th DCA 2001).

— 903.26(4) — 2 cases

State ex rel. Dade Cnty. v. Pub. Serv. Mut. Ins. Co., 311 So. 2d 123 (Fla. 3d DCA 1975).

State ex rel. Dade Cnty. v. Burke, 335 So. 2d 580 (Fla. 3d DCA 1976).

— 903.26(5) — 15 cases

Dolly Bolding Bail Bonds v. State, 787 So. 2d 73 (Fla. 2d DCA 2001). “In the proceeding below, the State convinced the trial judge that this court's decision in Pinellas was controlling, in part arguing that the failure to reference section 903.26 in the Pinellas opinion made forfeiture discharge a question of case law *74 rather than statutory…”

Bd. OF COM'RS v. Barber Bonding Agency, 860 So. 2d 10 (Fla. 5th DCA 2003).

Mike Snapp Bail Bonds v. Orange Cnty., 913 So. 2d 88 (Fla. 5th DCA 2005). “50 to cover the cost of transporting Booher to Orange County, and that the check was delivered and paid to the Sheriff "timely," pursuant to the requirements of section 903.26. Girgenti testified this was accomplished on August 24, 2004, although it could have been as much as a…”

Frontier Ins. v. State, 760 So. 2d 299 (Fla. 3d DCA 2000).

Allied Fid. Ins. Co. v. State, 499 So. 2d 932 (Fla. 1st DCA 1986).

— 903.26(5)(a) — 2 cases

South Am. Fire Ins. v. State ex rel. Dade Cnty., 270 So. 2d 374 (Fla. 3d DCA 1972).

Polakoff & Aabbott Bail Bonds v. State, 111 So. 3d 253 (Fla. 5th DCA 2013).

— 903.26(5)(b) — 2 cases

Palmetto Sur. Corp. v. Escambia Cnty. Clerk of Court (Fla. 1st DCA 2026).

Clerk of Circuit Court & Comptroller, Hillsborough Cnty. v. Rangel, State of Florida (Fla. 2d DCA 2026).

— 903.26(5)(c) — 8 cases

Easy Bail Bonds v. Polk Cnty., 784 So. 2d 1173 (Fla. 2d DCA 2001). “Section 903.26(5)(c), Florida Statutes (1999), requires the court to condition the discharge or remission of a bond forfeiture on "the payment of costs and the expenses incurred by an official in returning the defendant to the jurisdiction of the court.”

Hutchinson v. State, 133 So. 3d 552 (Fla. 2d DCA 2014).

Jack's Bail Bonds, Inc. v. Putnam Cnty., 574 So. 2d 302 (Fla. 1st DCA 1991).

— 903.26(5)(d) — 1 case

McKnight v. State ex rel. of Dade Cnty., 362 So. 2d 337 (Fla. 3d DCA 1978).

— 903.26(6) — 5 cases

Ramsey v. State, 225 So. 2d 182 (Fla. 2d DCA 1969). “The provisions of the three Session laws aforesaid [1] have been brought down in the biennial compilations as F.S. §§ 903.26 to 903.36, F.S.A. inclusive.”

United Bonding Ins. Co. v. State, 242 So. 2d 140 (Fla. 1st DCA 1970).

Escambia Cnty. Clerk of the Circuit Court & Comptroller v. Palmetto Sur. Corp., State of Florida, & Adrian Phillips (Fla. 1st DCA 2025).

Polakoff & Aabbott Bail Bonds v. State, 111 So. 3d 253 (Fla. 5th DCA 2013).

— 903.26(7) — 3 cases

Chase v. Orange Cnty., 511 So. 2d 1101 (Fla. 5th DCA 1987).

— 903.26(8) — 4 cases

Cardoza v. State, 98 So. 3d 1217 (Fla. 3d DCA 2012).

Palmetto Sur. Corp. v. Escambia Cnty. Clerk of Court (Fla. 1st DCA 2026).

— 903.26(l)(a) — 1 case

Allegheny Mut. Ins. Co. v. State, 376 So. 2d 290 (Fla. 3d DCA 1979).

— 903.26(l)(b) — 5 cases

Am. Bankers Ins. ex rel. Atlas Bail Bonds v. Camacho, 727 So. 2d 336 (Fla. 4th DCA 1999).

Accredited Sur. & Cas. Co. v. Putnam Cnty., 561 So. 2d 1243 (Fla. 1st DCA 1990).

State ex rel. Metro. Dade Cnty. v. Saiz, 547 So. 2d 208 (Fla. 3d DCA 1989).

State v. Flint, 355 So. 2d 482 (Fla. 2d DCA 1978).

Sur., Accredited Sur. & Cas. Co. v. State, 894 So. 2d 301 (Fla. 4th DCA 2005).

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