Florida Statute 903.28 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 903
BAIL

View Entire Chapter

F.S. 903.28

903.28 Remission of forfeiture; conditions.—

(1) On application within 2 years from forfeiture, the court shall order remission of the forfeiture if it determines that there was no breach of the bond.

(2) If the defendant surrenders or is apprehended within 90 days after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of the circuit court and the state attorney as required in subsection (8), shall direct remission of up to, but not more than, 100 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant. In addition, remission shall be granted when the surety did not substantially participate or attempt to participate in the apprehension or surrender of the defendant when the costs of returning the defendant to the jurisdiction of the court have been deducted from the remission and when the delay has not thwarted the proper prosecution of the defendant.

(3) If the defendant surrenders or is apprehended within 180 days after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of the circuit court and the state attorney as required in subsection (8), shall direct remission of up to, but not more than, 95 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant. In addition, remission shall be granted when the surety did not substantially participate or attempt to participate in the apprehension or surrender of the defendant when the costs of returning the defendant to the jurisdiction of the court have been deducted from the remission and when the delay has not thwarted the proper prosecution of the defendant.

(4) If the defendant surrenders or is apprehended within 270 days after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of the circuit court and the state attorney as required in subsection (8), shall direct remission of up to, but not more than, 90 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant. In addition, remission shall be granted when the surety did not substantially participate or attempt to participate in the apprehension or surrender of the defendant when the costs of returning the defendant to the jurisdiction of the court have been deducted from the remission and when the delay has not thwarted the proper prosecution of the defendant.

(5) If the defendant surrenders or is apprehended within 1 year after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of the circuit court and the state attorney as required in subsection (8), shall direct remission of up to, but not more than, 85 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant. In addition, remission shall be granted when the surety did not substantially participate or attempt to participate in the apprehension or surrender of the defendant when the costs of returning the defendant to the jurisdiction of the court have been deducted from the remission and when the delay has not thwarted the proper prosecution of the defendant.

(6) If the defendant surrenders or is apprehended within 2 years after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of the circuit court and the state attorney as required in subsection (8), shall direct remission of up to, but not more than, 50 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant. In addition, remission shall be granted when the surety did not substantially participate or attempt to participate in the apprehension or surrender of the defendant when the costs of returning the defendant to the jurisdiction of the court have been deducted from the remission and when the delay has not thwarted the proper prosecution of the defendant.

(7) The remission of a forfeiture may not be ordered for any reason other than as specified herein.

(8) An application for remission must be accompanied by affidavits setting forth the facts on which it is founded; however, the surety must establish by further documentation or other evidence any claimed attempt at procuring or causing the apprehension or surrender of the defendant before the court may order remission based upon an attempt to procure or cause such apprehension or surrender. The clerk of the circuit court and the state attorney must be given 20 days’ notice before a hearing on an application and be furnished copies of all papers, applications, and affidavits. Remission shall be granted on the condition of payment of costs, unless the ground for remission is that there was no breach of the bond.

(9) The clerk of the circuit court may enter into a contract with a private attorney or into an interagency agreement with a governmental agency to represent the clerk of the court in an action for the remission of a forfeiture under this section.

(10) The clerk of the circuit court is the real party in interest for all appeals arising from an action for the remission of a forfeiture under this section.

History.—ss. 71, 73, ch. 19554, 1939; CGL 1940 Supp. 8663(71), (73); s. 2, ch. 59-354; ss. 4, 6, ch. 61-406; s. 4, ch. 65-492; s. 34, ch. 70-339; s. 34, ch. 73-334; s. 60, ch. 82-175; s. 174, ch. 83-216; s. 46, ch. 84-103; s. 10, ch. 86-151; s. 6, ch. 99-303; s. 82, ch. 2004-265; s. 56, ch. 2005-236.

F.S. 903.28 on Google Scholar

F.S. 903.28 on CourtListener

Amendments to 903.28

Annotations, Discussions, Cases:

Cases Citing Statute 903.28

Total Results: 42

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

seek a remission of the forfeited amount. See § 903.28(1), Fla. Stat. (1979); Resolute Insurance Co.

Huie v. State

92 So. 2d 264

Supreme Court of Florida | Filed: Jan 23, 1957 | Docket: 1723506

Cited 16 times | Published

final judgment on the appearance bond. See Section 903.28, Florida Statutes, F.S.A. If such a judgment

Ramsey v. State

225 So. 2d 182

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

Cited 12 times | Published

forfeiture [to] be made to the surety". Lastly, F.S. § 903.28, F.S.A. provides that after the forfeiture, and

County Bonding Agency v. State

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

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 1734018

Cited 8 times | Published

however, by the remission statute, section 903.28. Section 903.28 "establishes a method that the bondsman

Estate of Maltie v. State

404 So. 2d 384

District Court of Appeal of Florida | Filed: Sep 30, 1981 | Docket: 1782636

Cited 8 times | Published

for remission of forfeiture filed pursuant to Section 903.28, Florida Statutes (1979). David Robert Maltie

Capitol Indemnity Insurance Company v. State

86 So. 2d 156, 1956 Fla. LEXIS 3635

Supreme Court of Florida | Filed: Mar 14, 1956 | Docket: 432054

Cited 8 times | Published

here consider the constitutionality vel non of Section 903.28, Fla. Stat. 1953, F.S.A., providing for 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

motion for remission of forefeiture pursuant to section 903.28, Florida Statutes (1979). At the hearing on

Weaver v. State

370 So. 2d 1236

District Court of Appeal of Florida | Filed: May 16, 1979 | Docket: 1386151

Cited 5 times | Published

constitute good cause to remit the forfeiture under Section 903.28, Florida Statutes (1977). But it would be illogical

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

the judgment". Thereafter, acting pursuant to § 903.28 provides "[o]n application within one year from

ACCREDITED SUR. & CAS. CO. INC. v. Putnam County, Fla.

528 So. 2d 430, 13 Fla. L. Weekly 1424, 1988 Fla. App. LEXIS 2533, 1988 WL 61386

District Court of Appeal of Florida | Filed: Jun 16, 1988 | Docket: 1366963

Cited 4 times | Published

remission of the two forfeitures pursuant to section 903.28(2), Florida Statutes, the trial court ordered

Leach v. State

293 So. 2d 77

District Court of Appeal of Florida | Filed: Apr 23, 1974 | Docket: 1625576

Cited 4 times | Published

denying remission of bond petitioned for under Section 903.28, Florida Statutes, F.S.A. The pertinent part

Allegheny Cas. Co. v. State

850 So. 2d 669, 2003 Fla. App. LEXIS 11706, 2003 WL 21749533

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1783679

Cited 3 times | Published

Surety filed a Motion for Remission pursuant to section 903.28(2), Florida Statutes (2002).[1] The *671 trial

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

remission was improperly ordered pursuant to section 903.28, Florida Statutes (1999), we reverse. This

Surety Contin. Herit. Ins. Co. v. Orange Cty.

798 So. 2d 837, 2001 WL 1344071

District Court of Appeal of Florida | Filed: Nov 2, 2001 | Docket: 1670783

Cited 3 times | Published

surety, it is entitled to remittance pursuant to section 903.28, Florida Statute (1999), because it substantially

Chase v. Orange County

511 So. 2d 1101, 12 Fla. L. Weekly 2121

District Court of Appeal of Florida | Filed: Sep 3, 1987 | Docket: 1700768

Cited 3 times | Published

motion for remission of forfeiture pursuant to section 903.28, Florida Statutes. In that case, the bondsman

Easy Bail Bonds v. Polk County

784 So. 2d 1173, 2001 Fla. App. LEXIS 4225, 2001 WL 321026

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 1744177

Cited 2 times | Published

defendant to the county of jurisdiction." Further, section 903.28(2), Florida Statutes (1999), states that the

RESOLUTE INSURANCE COMPANY v. State

290 So. 2d 114, 1974 Fla. App. LEXIS 7985

District Court of Appeal of Florida | Filed: Feb 5, 1974 | Docket: 1510292

Cited 2 times | Published

Florida Statute 903.26(6) (1969), F.S.A. [4] Florida Statute 903.28 (1969), F.S.A.

State v. Sunshine State Bail Bonds, Inc.

967 So. 2d 1084, 2007 WL 3313445

District Court of Appeal of Florida | Filed: Nov 9, 2007 | Docket: 1733623

Cited 1 times | Published

remission was improperly ordered pursuant to section 903.28, Florida Statutes (2005), we reverse. Youwas

BOARD OF COM'RS v. Barber Bonding Agency

860 So. 2d 10, 2003 Fla. App. LEXIS 14545, 2003 WL 22213328

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 1511591

Cited 1 times | Published

90% of its forfeited bail bond, pursuant to section 903.28(4), Florida Statutes. The County concedes that

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

precluded from obtaining remission pursuant to section 903.28(6), Florida Statutes. The lower court initially

Leon County v. Aloi-Williams Bonding

652 So. 2d 464, 1995 Fla. App. LEXIS 2976, 1995 WL 121488

District Court of Appeal of Florida | Filed: Mar 23, 1995 | Docket: 476024

Cited 1 times | Published

an amount allowed under the express terms of section 903.28(6), Florida Statutes (1993). Raj Serai (Defendant)

Palmetto Surety Corporation v. State

148 So. 3d 517, 2014 Fla. App. LEXIS 15606, 2014 WL 5011090

District Court of Appeal of Florida | Filed: Oct 8, 2014 | Docket: 1433087

Published

moved to set aside the forfeiture pursuant to section 903.28(2), contending that it had maintained routine

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

forfeiture amount and seek remission under section 903.28. See Hillsborough Cnty. v. Roche Sur. & Cas

Fireline Bail Bonds v. Brock

110 So. 3d 11, 2013 WL 440050, 2013 Fla. App. LEXIS 1822

District Court of Appeal of Florida | Filed: Feb 6, 2013 | Docket: 60230174

Published

entitled to a full remission of both bonds under section 903.28(1), Florida Statutes (2007). Alternatively

State ex rel. Gardner v. Allstar Bail Bonds

983 So. 2d 1218, 2008 Fla. App. LEXIS 9153, 2008 WL 2465467

District Court of Appeal of Florida | Filed: Jun 20, 2008 | Docket: 64855062

Published

limitation for remission of a forfeited bond under section 903.28(6), Florida Statutes, precludes the surety

Carr v. Lammie

868 So. 2d 636, 2004 Fla. App. LEXIS 3250, 2004 WL 507570

District Court of Appeal of Florida | Filed: Mar 17, 2004 | Docket: 64828991

Published

from the remission of a bail bond forfeiture. See § 903.28, Fla. Stat. (1999). There are no disputed genuine

Carr v. Lammie

816 So. 2d 142, 2002 Fla. App. LEXIS 4484, 2002 WL 506806

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 64815034

Published

the bond proceeds from the state pursuant to section 903.28, Florida Statutes (1999), in the criminal proceedings

Allen v. Orange County

788 So. 2d 1137, 2001 Fla. App. LEXIS 9691, 2001 WL 786772

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 64806571

Published

conditions of an appearance bond are satisfied”); § 903.28, Fla. Stat. (1999)(trial court may direct remission

Jack's Bail Bonds, Inc. v. Putnam County

574 So. 2d 302, 1991 Fla. App. LEXIS 1029, 1991 WL 16314

District Court of Appeal of Florida | Filed: Feb 14, 1991 | Docket: 64656342

Published

the amount of the appearance bond pursuant to section 903.28(8) of the Florida Statutes (1989). The trial

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

defendant within 35 days after forfeiture), and section 903.28, Florida Statutes (1987) (remission of forfeiture)

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

court to order a remission is derived from section 903.28, Florida Statutes (1985). Once a forfeiture

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

remission of the forfeiture of the bonds under section 903.28, Florida Statutes, as the forfeitures had already

Dependable Insurance Co. v. Union County

509 So. 2d 1228, 12 Fla. L. Weekly 1642, 1987 Fla. App. LEXIS 9161

District Court of Appeal of Florida | Filed: Jul 7, 1987 | Docket: 64628413

Published

constitute good cause to remit the forfeiture under Section 903.28_ Id. at 1237. This language from Weaver is

State ex rel. Dade County v. Romero

456 So. 2d 1281, 9 Fla. L. Weekly 2108, 1984 Fla. App. LEXIS 15312

District Court of Appeal of Florida | Filed: Oct 2, 1984 | Docket: 64607231

Published

“within one year from forfeiture,” as required by Section 903.28, Florida Statutes (1981); (2) even if, arguendo

Accredited Surety & Casualty Co. v. Hagman

448 So. 2d 619, 1984 Fla. App. LEXIS 12773

District Court of Appeal of Florida | Filed: Apr 18, 1984 | Docket: 64604235

Published

file an application for remission pursuant to Section 903.28, Florida Statutes (1983). DOWNEY, BERANEK and

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). . § 903.28(1), Fla.Stat. (1981). . Allied Fidelity Insurance

Cueto v. State

384 So. 2d 44, 1980 Fla. App. LEXIS 23547

District Court of Appeal of Florida | Filed: May 27, 1980 | Docket: 64576391

Published

PER CURIAM. Affirmed. See Section 903.28, Florida Statutes (1977); and Allied Bond Agency, Inc. v. State

Allied Bonding Agency, Inc. v. State

358 So. 2d 246

District Court of Appeal of Florida | Filed: May 9, 1978 | Docket: 2578851

Published

forfeited bond remitted this was denied even though Section 903.28, Florida Statutes (1975) says the court shall

State v. Flint

355 So. 2d 482, 1978 Fla. App. LEXIS 14993

District Court of Appeal of Florida | Filed: Feb 24, 1978 | Docket: 64563026

Published

the one year time limitation embodied within Section 903.28(1), Florida Statutes (1973), did not apply

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

entitled is dependent upon that portion of F.S. § 903.28, F.S.A., which reads: “After the payment of the

Summit Fidelity & Surety Co. v. State ex rel. Duval County

166 So. 2d 757

District Court of Appeal of Florida | Filed: Aug 11, 1964 | Docket: 64490453

Published

judgment; but this provision is subject to Section 903.28, Florida Statutes 1963, F.S.A., which permits

State ex rel. Dade County v. Frazier

123 So. 2d 288

District Court of Appeal of Florida | Filed: Sep 22, 1960 | Docket: 60195617

Published

ODOM, ARCHIE M., Associate Judge, concur. . Section 903.28, Fla.Stat., F.S.A.