Florida Statute 903.27 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 903.27

Total Results: 43

Allied Fidelity Ins. Co. v. State

415 So. 2d 109

District Court of Appeal of Florida | Filed: Jun 15, 1982 | Docket: 459124

Cited 25 times | Published

will receive a notice of that action as well. See § 903.27, Fla. Stat. (1979). [4] It has been said that

Ferlita v. State

380 So. 2d 1118

District Court of Appeal of Florida | Filed: Mar 5, 1980 | Docket: 1402989

Cited 18 times | Published

the clerk had power to enter a judgment under Section 903.27, Florida Statutes (1973)[1] where the state

Ramsey v. State

225 So. 2d 182

District Court of Appeal of Florida | Filed: Jul 9, 1969 | Docket: 2511630

Cited 12 times | Published

here involved were likewise not observed. F.S. § 903.27, F.S.A. provides that in such cases the prosecuting

Midland Ins. Co. v. State

354 So. 2d 961

District Court of Appeal of Florida | Filed: Feb 7, 1978 | Docket: 1279492

Cited 11 times | Published

the final judgment of forfeiture pursuant to Section 903.27, Florida Statutes (1975). The motion alleges

Dolly Bolding Bail Bonds v. State

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

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1744984

Cited 6 times | Published

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

Wiley v. State

451 So. 2d 916

District Court of Appeal of Florida | Filed: Jun 1, 1984 | Docket: 1482850

Cited 6 times | Published

forfeiture shall be paid within thirty days. Section 903.27, Florida Statutes (1975), states that if the

Accredited Sur. & Cas. Co. Inc. v. St.

418 So. 2d 378

District Court of Appeal of Florida | Filed: Aug 18, 1982 | Docket: 1277284

Cited 6 times | Published

sections of Florida Statutes are recited below: Section 903.27, Florida Statutes (1979) states: (1) If the

Resolute Insurance Company v. State, Dade County

289 So. 2d 456

District Court of Appeal of Florida | Filed: Jan 15, 1974 | Docket: 1321861

Cited 5 times | Published

of Florida secured a judgment upon the bond. Section 903.27(2), Fla. Stat., F.S.A., provides that "[a]fter

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

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

District Court of Appeal of Florida | Filed: May 7, 2003 | Docket: 1728918

Cited 4 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Nov 9, 2001 | Docket: 214522

Cited 3 times | Published

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

Ellsworth v. State

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

District Court of Appeal of Florida | Filed: Jun 8, 2012 | Docket: 60308524

Cited 2 times | Published

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

Mike Snapp Bail Bonds v. Orange County

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

District Court of Appeal of Florida | Filed: Oct 21, 2005 | Docket: 345928

Cited 2 times | Published

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

Cardoza v. State

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

District Court of Appeal of Florida | Filed: Sep 27, 2012 | Docket: 60312136

Cited 1 times | Published

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

County of Volusia v. Audet

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

District Court of Appeal of Florida | Filed: Nov 8, 1996 | Docket: 2523297

Cited 1 times | Published

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

Allied Fidelity Ins. Co. v. State

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

District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 1443333

Cited 1 times | Published

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

Worthley v. State, Use & Benefit of Dade County

320 So. 2d 479

District Court of Appeal of Florida | Filed: Oct 21, 1975 | Docket: 2578574

Cited 1 times | Published

been entered in violation of the time limit in § 903.27(2), Fla. Stat., F.S.A. Affirmed.

Polakoff & Aabbott Bail Bonds v. State

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

District Court of Appeal of Florida | Filed: Apr 12, 2013 | Docket: 60230787

Published

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

Singh Bail Bonds v. Brock

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

District Court of Appeal of Florida | Filed: Nov 4, 2011 | Docket: 60308458

Published

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

State ex rel. Escambia County v. Whitmire

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

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 64807583

Published

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

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

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

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 64648889

Published

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

State ex rel. Metropolitan Dade County v. Quesada

529 So. 2d 792, 1988 WL 81854

District Court of Appeal of Florida | Filed: Aug 9, 1988 | Docket: 64636390

Published

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

American Bankers Insurance Co. v. Seminole County

526 So. 2d 736, 13 Fla. L. Weekly 1266, 1988 Fla. App. LEXIS 2174, 1988 WL 51635

District Court of Appeal of Florida | Filed: May 26, 1988 | Docket: 64635295

Published

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

Rubin S. Williams Bailbonds, Inc. v. State

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

District Court of Appeal of Florida | Filed: Aug 27, 1986 | Docket: 64621510

Published

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

Hammond v. Mihalko

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

District Court of Appeal of Florida | Filed: Aug 22, 1984 | Docket: 64606690

Published

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

Williams v. State

431 So. 2d 308, 1983 Fla. App. LEXIS 19380

District Court of Appeal of Florida | Filed: May 17, 1983 | Docket: 64596973

Published

to proceed to entry of judgment pursuant to Section 903.27, Florida Statutes, 1981.” As it does not appear

Al Estes Bonding Agency v. Citrus County

417 So. 2d 1127, 1982 Fla. App. LEXIS 20840

District Court of Appeal of Florida | Filed: Aug 11, 1982 | Docket: 64591646

Published

(1981). . § 903.27(1), Fla.Stat. (1981). . § 903.27(2), Fla.Stat. (1981). . § 903.27(1), Fla.Stat

Cottonbelt Insurance v. State

400 So. 2d 836, 1981 Fla. App. LEXIS 20516

District Court of Appeal of Florida | Filed: Jul 8, 1981 | Docket: 64583709

Published

nor made any mention of the provisions of Section 903.27(2), Florida Statutes (1977). Thus we are not

Accredited Surety & Casualty Co. v. State

395 So. 2d 295, 1981 Fla. App. LEXIS 18938

District Court of Appeal of Florida | Filed: Mar 18, 1981 | Docket: 64581033

Published

before entry of a final judgment pursuant to section 903.27, Florida Statutes (1979). The estreature of

Morffis v. State

389 So. 2d 350, 1980 Fla. App. LEXIS 7734

District Court of Appeal of Florida | Filed: Oct 28, 1980 | Docket: 64578472

Published

PER CURIAM. Affirmed. See § 903.27(2), Fla.Stat. (1977); Allied Fidelity Insurance Company v. State

Ruiz v. State

385 So. 2d 170, 1980 Fla. App. LEXIS 23210

District Court of Appeal of Florida | Filed: Jul 1, 1980 | Docket: 64576905

Published

Dade County, 289 So.2d 456 (Fla.3d DCA 1974); § 903.27(2), Fla.Stat. (1977).

Allied Fidelity Insurance Co. v. Graham

384 So. 2d 294, 1980 Fla. App. LEXIS 16505

District Court of Appeal of Florida | Filed: Jun 11, 1980 | Docket: 64576482

Published

22, 1979, a judgment was entered pursuant to Section 903.27, Florida Statutes (1979). At no time did the

Allied Fidelity Insurance Co. v. State

372 So. 2d 545, 1979 Fla. App. LEXIS 21192

District Court of Appeal of Florida | Filed: Jul 3, 1979 | Docket: 64570881

Published

PER CURIAM. Affirmed. See Section 903.27(2), Florida Statutes (1977); Resolute Insurance Company v.

State v. Sponheim

366 So. 2d 143, 1979 Fla. App. LEXIS 13967

District Court of Appeal of Florida | Filed: Jan 12, 1979 | Docket: 64567955

Published

forfeiture. As the state correctly points out, Section 903.27(2), Florida Statutes (1977), is applicable

Resolute Ins. Co. v. Brinker

338 So. 2d 861

District Court of Appeal of Florida | Filed: Sep 28, 1976 | Docket: 1511851

Published

statutory proceedings were instituted pursuant to § 903.27(1), Fla. Stat., to have judgments entered on the

Public Service Mutual Insurance v. State ex rel. Dade County

330 So. 2d 518, 1976 Fla. App. LEXIS 15026

District Court of Appeal of Florida | Filed: Apr 20, 1976 | Docket: 64553386

Published

is not paid or discharged within thirty days, § 903.27 provides for a copy of the order of forfeiture

State ex rel. Dade County v. Public Service Mutual Insurance Co.

311 So. 2d 123, 1975 Fla. App. LEXIS 13862

District Court of Appeal of Florida | Filed: Apr 22, 1975 | Docket: 64545745

Published

produced by the surety on December 7, 1973. See § 903.27(2) Fla.Stat., F.S.A. By an order entered February

South American Fire Insurance v. State ex rel. Dade County

270 So. 2d 374, 1972 Fla. App. LEXIS 5730

District Court of Appeal of Florida | Filed: Dec 12, 1972 | Docket: 64529266

Published

Dollar bond forfeited on July 22, 1971. Pursuant to § 903.27, Fla. Stat, F.S.A., the Circuit Court of the *375Eleventh

Maryland National Insurance Co. v. State ex rel. Dade County

243 So. 2d 183, 1971 Fla. App. LEXIS 5367

District Court of Appeal of Florida | Filed: Jan 12, 1971 | Docket: 64518405

Published

improperly entered by the trial court judge and that § 903.27, Fla.Stat., F. S.A., requires such judgments to

United Bonding Insurance Co. v. State

242 So. 2d 140, 1970 Fla. App. LEXIS 5316

District Court of Appeal of Florida | Filed: Dec 29, 1970 | Docket: 64517910

Published

erroneously entered judgment on the bond under F.S. § 903.27, F.S.A. On June 17, 1969, the Clerk entered satisfaction

City of Miami Beach v. Boyden

232 So. 2d 429, 1970 Fla. App. LEXIS 6834

District Court of Appeal of Florida | Filed: Mar 10, 1970 | Docket: 64513581

Published

thereon was ultimately entered in accordance with § 903.27, Fla.Stat., F.S.A. Thereafter, without the fifteen-day

Keefe v. State

188 So. 2d 868, 1966 Fla. App. LEXIS 5142

District Court of Appeal of Florida | Filed: Jul 21, 1966 | Docket: 64497702

Published

judgment by the circuit court pursuant to F.S.A. § 903.27. Once the forfeiture has been reduced to judgment

Hutching v. Bryant

173 So. 2d 496, 1965 Fla. App. LEXIS 4467

District Court of Appeal of Florida | Filed: Apr 9, 1965 | Docket: 64492619

Published

forfeiture- and, pursuant to the provisions of § 903.-27, Fla.Stats., F.S.A., the Clerk of the Circuit

Crompton v. State

78 So. 2d 692, 1955 Fla. LEXIS 3382

Supreme Court of Florida | Filed: Mar 2, 1955 | Docket: 64486442

Published

convened. It is true that under the statute, Section 903.27, Florida Statutes 1953 and F.S.A., the opportunity