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: Fla. Dist. Ct. App. | Date Filed: 2013-04-12T00:00:00-07:00

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…set aside the judgment or to stay the judgment. § 903.27(4)-(5), Fla. Stat. (2011). Timely payment of the… heard and a decision rendered by the court.” § 903.27(5), Fla. Stat. (2011). Failure to pay the judgment…stating that the judgment remains unsatisfied. § 903.27(1), (3), Fla. Stat. (2011). Here, Polakoff did …pursuant to the pertinent provisions of section 903.27. Instead, Polakoff filed a Motion to Set Aside

Cardoza v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-27T00:00:00-07:00

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…respectfully dissent from the majority’s opinion. Section 903.27(5), Florida Statutes (2009), provides: After notice…forfeiture has been reduced to judgment ... section 903.27, Florida Statutes (1985), exclusively governs the…Appellants acknowledged as much, citing section 903.27 in their motion filed in the circuit court. While…disposed of the motion to set aside the judgment.” § 903.27(5), Fla. Stat. Therefore, whether the gravamen

Ellsworth v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-08T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2011-11-04T00:00:00-07:00

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 …JURISDICTION Based on the following language of section 903.27(1), the amended bond forfeiture judgment, entered… judgment against the surety). ANALYSIS Section 903.27 sets forth a precondition to seeking to discharge…85 (Fla. 4th DCA 2006). By the means of section 903.27(1), the legislature has endowed the clerks of court

Mike Snapp Bail Bonds v. Orange County

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-21T00:53:00-07:00

Citation: 913 So. 2d 88

Snippet: rendered, Snapp could only seek a remedy under section 903.27(5). That section provides: (5) After notice of …and interest and sought a rehearing. If section 903.27(5) is applicable to this case, which we question…to have to pay the forfeited bond under section 903.27, to avoid dire consequences to its business operations…forfeited bond within the 35 days specified by section 903.27.[10] At this point, Snapp has been required to

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

Court: Fla. Dist. Ct. App. | Date Filed: 2003-05-07T00:53:00-07:00

Citation: 845 So. 2d 254

Snippet: of a judgment against the surety under section 903.27, Florida Statutes (2002). In June 2002, the trial…no final judgment will be entered under section 903.27. In Chase, the bail bondsman had not paid the forfeiture…other consequences for the bail bondsman. See § 903.27, Fla. Stat. (2002). Accordingly, we conclude that…go to judgment against the surety under section 903.27 prior to seeking review. Cf. Allstate Ins. Co.

Peetluk v. Huffstetler

Court: Fla. Dist. Ct. App. | Date Filed: 2003-04-04T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2001-11-08T23:53:00-08:00

Citation: 805 So. 2d 937

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: Fla. Dist. Ct. App. | Date Filed: 2001-08-10T00:00:00-07:00

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…setting aside the judgment set forth in section 903.27(5), Florida Statutes (1999). As grounds for the

Dolly Bolding Bail Bonds v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-03-06T23:53:00-08:00

Citation: 787 So. 2d 73

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

County Bonding Agency v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-24T23:53:00-08:00

Citation: 724 So. 2d 131

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: Fla. Dist. Ct. App. | Date Filed: 1996-11-07T23:53:00-08:00

Citation: 682 So. 2d 687

Snippet: bond estreature was entered on May 19, 1994. § 903.27(1), Fla. Stat. On June 20, 1994, Mann and Severson…judgment aside until 118 days after it was entered. § 903.27(5), Fla. Stat. Accordingly, we find that the lower

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

Court: Fla. Dist. Ct. App. | Date Filed: 1990-04-03T00:00:00-07:00

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…argues that relief is available under subsection 903.27(5), Florida Statutes (1987), which provides: After…motion to set aside the judgment under subsection 903.27(5) only allows the trial court to revisit errors… forfeiture judgment. Prior to 1986, subsection 903.27(5) contained a sentence which provided, “Upon the…substituted the present final sentence in subsection 903.27(5). The new language created an automatic stay

Ago

Court: Fla. Att'y Gen. | Date Filed: 1989-06-22T00:53:00-07:00

Snippet: F.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: Fla. Dist. Ct. App. | Date Filed: 1988-08-09T00:00:00-07:00

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

Snippet: has been reduced to judgment, however, section 903.27, Florida Statutes (1985), exclusively governs the…section 903.28 on behalf of the surety where section 903.27 controlled. The trial court, therefore, erred in

American Bankers Insurance Co. v. Seminole County

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-26T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1986-12-23T23:53:00-08:00

Citation: 499 So. 2d 932

Snippet: effective relief. The court so ruled relying on Section 903.27(5), Florida Statutes, which proscribes a 45-day…from the faulty judgment of forfeiture. Section 903.27(5) proscribes a 45-day time limit for the filing…specified herein. The trial court relied on Section 903.27(5) to find it was without jurisdiction to grant…notwithstanding a failure to comply with Section 903.27. Accordingly, we find the trial court erred in

Rubin S. Williams Bailbonds, Inc. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1986-08-27T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1985-07-16T00:00:00-07:00

Citation: 474 So. 2d 309

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: Fla. Dist. Ct. App. | Date Filed: 1984-08-22T00:00:00-07:00

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