Florida Statute 903.27 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 903
BAIL

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F.S. 903.27

903.27 Forfeiture to judgment.—

(1) If the forfeiture is not paid or discharged by order of a court of competent jurisdiction within 60 days and the bond is secured other than by money and bonds authorized in s. 903.16, the clerk of the circuit court for the county where the order was made shall enter a judgment against the surety for the amount of the penalty and issue execution. However, in any case in which the bond forfeiture has been discharged by the court of competent jurisdiction conditioned upon the payment by the surety of certain costs or fees as allowed by statute, the amount for which judgment may be entered may not exceed the amount of the unpaid fees or costs upon which the discharge had been conditioned. Judgment for the full amount of the forfeiture shall not be entered if payment of a lesser amount will satisfy the conditions to discharge the forfeiture. Within 10 days, the clerk shall furnish the Department of Financial Services and the Office of Insurance Regulation of the Financial Services Commission with a certified copy of the judgment docket and shall furnish the surety company at its home office a copy of the judgment, which shall include the power of attorney number of the bond and the name of the executing agent. If the judgment is not paid within 35 days, the clerk shall furnish the Department of Financial Services, the Office of Insurance Regulation, and the sheriff of the county in which the bond was executed, or the official responsible for operation of the county jail, if other than the sheriff, two copies of the judgment and a certificate stating that the judgment remains unsatisfied. When and if the judgment is properly paid or an order to vacate the judgment has been entered by a court of competent jurisdiction, the clerk shall immediately notify the sheriff, or the official responsible for the operation of the county jail, if other than the sheriff, and the Department of Financial Services and the Office of Insurance Regulation, if the department and office had been previously notified of nonpayment, of such payment or order to vacate the judgment. The clerk may furnish documents or give notice as required in this subsection by mail or electronic means. The clerk shall also immediately prepare and record in the public records a satisfaction of the judgment or record the order to vacate judgment. If the defendant is returned to the county of jurisdiction of the court, whenever a motion to set aside the judgment is filed, the operation of this section is tolled until the court makes a disposition of the motion.

(2) A certificate signed by the clerk of the court or her or his designee, certifying that the notice required in subsection (1) was mailed or electronically delivered on a specified date, and accompanied by a copy of the required notice constitutes sufficient proof that such mailing or electronic delivery was properly accomplished as indicated therein. If such mailing or electronic delivery was properly accomplished as evidenced by such certificate, the failure of a company to receive a copy of the judgment as prescribed in subsection (1) does not constitute a defense to the forfeiture and is not a ground for the discharge, remission, reduction, set aside, or continuance of such forfeiture.

(3) Surety bail bonds may not be executed by a bail bond agent against whom a judgment has been entered which has remained unpaid for 35 days and may not be executed for a company against whom a judgment has been entered which has remained unpaid for 50 days. No sheriff or other official who is empowered to accept or approve surety bail bonds shall accept or approve such a bond executed by such a bail bond agent or executed for such a company until such judgment has been paid.

(4) After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bond agent shall, within 35 days of the entry of judgment, submit to the clerk of the circuit court an amount equal to the judgment, unless the judgment has been set aside by the court within 35 days of the entry of judgment. If a motion to set aside the judgment has been filed pursuant to subsection (5), the amount submitted shall be held in escrow until such time as the court has disposed of the motion. The failure to comply with the provisions of this subsection constitutes a failure to pay the judgment.

(5) After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bond agent may within 35 days file a motion to set aside the judgment or to stay the judgment. It shall be a condition of any such motion and of any order to stay the judgment that the surety pay the amount of the judgment to the clerk, which amount shall be held in escrow until such time as the court has disposed of the motion to set aside the judgment. The filing of such a motion, when accompanied by the required escrow deposit, shall act as an automatic stay of further proceedings, including execution, until the motion has been heard and a decision rendered by the court.

(6) The failure of a state attorney to file, or of the clerk of the circuit court to make, a certified copy of the order of forfeiture as required by law applicable prior to July 1, 1982, shall not invalidate any judgment entered by the clerk prior to June 12, 1981.

History.—s. 70, ch. 19554, 1939; CGL 1940 Supp. 8663(70); ss. 3, 24, ch. 61-406; s. 3, ch. 65-492; ss. 13, 35, ch. 69-106; s. 1, ch. 69-149; s. 33, ch. 70-339; s. 1, ch. 70-439; s. 173, ch. 71-355; s. 34, ch. 73-334; s. 1, ch. 81-47; s. 59, ch. 82-175; s. 2, ch. 83-83; s. 45, ch. 84-103; s. 9, ch. 86-151; s. 88, ch. 89-360; s. 1485, ch. 97-102; s. 5, ch. 99-303; s. 1921, ch. 2003-261; s. 3, ch. 2006-279; s. 8, ch. 2013-192.

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Amendments to 903.27

Arrestable Offenses / Crimes under Fla. Stat. 903.27

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 903.27.

Annotations, Discussions, Cases:

Cases Citing Statute 903.27

Total Results: 20

Polakoff & Aabbott Bail Bonds v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-04-12

Citation: 111 So. 3d 253, 2013 WL 1482778, 2013 Fla. App. LEXIS 5904

Snippet: court shall enter a judgment against the surety. § 903.27(1), Fla. Stat. (2011). After notice of the judgment

Cardoza v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-09-27

Citation: 98 So. 3d 1217, 2012 WL 4448863, 2012 Fla. App. LEXIS 16034

Snippet: comply with the mandatory provisions of section 903.27(5) before obtaining the relief sought in the trial

Ellsworth v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-06-08

Citation: 89 So. 3d 1076, 2012 WL 2052773, 2012 Fla. App. LEXIS 9193

Snippet: court could enter a judgment pursuant to section 903.27, Florida Statutes (1973), when the State failed

Singh Bail Bonds v. Brock

Court: District Court of Appeal of Florida | Date Filed: 2011-11-04

Citation: 88 So. 3d 960, 2011 WL 5252736, 2011 Fla. App. LEXIS 17502

Snippet: filed a motion to set aside the forfeiture. See § 903.27(5) (allowing the surety or the bail bond agent

Mike Snapp Bail Bonds v. Orange County

Court: District Court of Appeal of Florida | Date Filed: 2005-10-21

Citation: 913 So. 2d 88, 2005 Fla. App. LEXIS 16657, 2005 WL 2673868

Snippet: rendered, Snapp could only seek a remedy under section 903.27(5). That section provides: (5) After notice of

Al Estes Bonding, Inc. v. PINELLAS CTY. BD. OF CTY. COM'RS

Court: District Court of Appeal of Florida | Date Filed: 2003-05-07

Citation: 845 So. 2d 254, 2003 Fla. App. LEXIS 6652, 2003 WL 21012256

Snippet: of a judgment against the surety under section 903.27, Florida Statutes (2002). In June 2002, the trial

Peetluk v. Huffstetler

Court: District Court of Appeal of Florida | Date Filed: 2003-04-04

Citation: 840 So. 2d 1175, 2003 Fla. App. LEXIS 4498, 2003 WL 1785812

Snippet: from Law Practice $40,328 ($ 6,280) $636,470 $ 14,903 ($27,310) Other Income 43 8,077 15,623 $32,1732 Federal

Hillsborough County v. ROCHE SUR. & CAS. CO., INC.

Court: District Court of Appeal of Florida | Date Filed: 2001-11-09

Citation: 805 So. 2d 937, 2001 Fla. App. LEXIS 15794, 2001 WL 1386580

Snippet: transmitted to Florida's Department of Insurance. § 903.27(1), Fla. Stat. (1999). The business of bail bonding

State ex rel. Escambia County v. Whitmire

Court: District Court of Appeal of Florida | Date Filed: 2001-08-10

Citation: 791 So. 2d 1192, 2001 Fla. App. LEXIS 11254, 2001 WL 906800

Snippet: vacating a final judgment entered pursuant to section 903.27(1), Florida Statutes (1999), based on the forfeiture

Dolly Bolding Bail Bonds v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-03-07

Citation: 787 So. 2d 73, 2001 Fla. App. LEXIS 2409, 2001 WL 219998

Snippet: return the defendant to Hillsborough County. See § 903.27, Fla. Stat. (1999). Reversed and remanded. PATTERSON

County Bonding Agency v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-11-25

Citation: 724 So. 2d 131, 1998 Fla. App. LEXIS 14889, 1998 WL 821735

Snippet: thirty-five days. See id. §§ 903.26(2)(a),(b), 903.27(1). This strict deadline is ameliorated, however

County of Volusia v. Audet

Court: District Court of Appeal of Florida | Date Filed: 1996-11-08

Citation: 682 So. 2d 687, 1996 Fla. App. LEXIS 11733, 1996 WL 648294

Snippet: bond estreature was entered on May 19, 1994. § 903.27(1), Fla. Stat. On June 20, 1994, Mann and Severson

State ex rel. Metropolitan Dade County v. American Bankers Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1990-04-03

Citation: 558 So. 2d 539, 1990 Fla. App. LEXIS 2251, 1990 WL 41211

Snippet: moved to set aside the judgment pursuant to section 903.27(5), Florida Statutes (1987). The surety moved alternatively

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-06-22

Snippet: S. 11 See, ss. 903.046(2), 903.047, 903.17, and 903.27, F.S. 12 Cf., AGO 58-159 concluding that where

State ex rel. Metropolitan Dade County v. Quesada

Court: District Court of Appeal of Florida | Date Filed: 1988-08-09

Citation: 529 So. 2d 792, 1988 WL 81854

Snippet: has been reduced to judgment, however, section 903.27, Florida Statutes (1985), exclusively governs the

American Bankers Insurance Co. v. Seminole County

Court: District Court of Appeal of Florida | Date Filed: 1988-05-26

Citation: 526 So. 2d 736, 13 Fla. L. Weekly 1266, 1988 Fla. App. LEXIS 2174

Snippet: to set aside the judgment of forfeiture. See § 903.27(5), Fla.Stat. American appeals. We affirm.2 In

Allied Fidelity Ins. Co. v. State

Court: District Court of Appeal of Florida | Date Filed: 1986-12-24

Citation: 499 So. 2d 932, 12 Fla. L. Weekly 112, 1986 Fla. App. LEXIS 11166

Snippet: effective relief. The court so ruled relying on Section 903.27(5), Florida Statutes, which proscribes a 45-day

Rubin S. Williams Bailbonds, Inc. v. State

Court: District Court of Appeal of Florida | Date Filed: 1986-08-27

Citation: 493 So. 2d 1065, 11 Fla. L. Weekly 1869, 1986 Fla. App. LEXIS 9532

Snippet: before a judgment is entered on the forfeiture. § 903.27(1), Fla.Stat. (1983). The trial judge having already

Sanborn v. State

Court: District Court of Appeal of Florida | Date Filed: 1985-07-16

Citation: 474 So. 2d 309, 10 Fla. L. Weekly 1733

Snippet: (In Bank), cert. denied, 401 U.S. 919, 91 S.Ct. 903, 27 L.Ed.2d 821 (1971); State v. Robinson, 290 N.C

Hammond v. Mihalko

Court: District Court of Appeal of Florida | Date Filed: 1984-08-22

Citation: 455 So. 2d 529, 9 Fla. L. Weekly 1829, 1984 Fla. App. LEXIS 14695

Snippet: Judgment within the 45 day time limit of Section 903.27(5), Florida Statutes (1983): (5) After notice of