Florida Statutes

Fla. Stat. § 903.28 (2025)

Remission of forfeiture; conditions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 42 cases, 1956–2014 · leading case: Bd. OF COM'RS v. Barber Bonding Agency, 860 So. 2d 10 (Fla. 5th DCA 2003).

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Bd. OF COM'RS v. Barber Bonding Agency, 860 So. 2d 10 (Fla. 5th DCA 2003). · cites it 30× “Section 903.28, Florida Statutes, deals with remission of forfeited bail bonds.”

Sur. Contin. Herit. Ins. Co. v. Orange Cty., 798 So. 2d 837 (Fla. 5th DCA 2001). · cites it 17× “" § 903.28, Fla. Stat. (1999). Continental tracked Wilson and Morrison to Jamaica through its own investigation.”

Cnty. Bonding Agency v. State, 724 So. 2d 131 (Fla. 3d DCA 1998). · cites it 13× “This strict deadline is ameliorated, however, by the remission statute, section 903.28. Section 903.28 "establishes a method that the bondsman can use to receive what is in effect a two-year extension of time to surrender the defendant if the bondsman pays the forfeiture prior…”

Accredited Sur. & Cas. Co. Inc. v. St., 418 So. 2d 378 (Fla. 5th DCA 1982). · cites it 10× “On November 16, 1981 appellant filed a motion for remission of forefeiture pursuant to section 903.28, Florida Statutes (1979). At the hearing on the motion the county argued at length that Chapter 903 was not controlling because the parties were here pursuant to a tri-party…”

Allegheny Cas. Co. v. State, 850 So. 2d 669 (Fla. 4th DCA 2003). · cites it 6× “Pursuant to section 903.28, certain conditions precedent must be met before a court is authorized to order remission of a forfeited bond.”

Hillsborough Cnty. v. ROCHE SUR. & CAS. CO., INC., 805 So. 2d 937 (Fla. 2d DCA 2001). · cites it 5× “Because remission was improperly ordered pursuant to section 903.28, Florida Statutes (1999), we reverse.”

Easy Bail Bonds v. Polk Cnty., 784 So. 2d 1173 (Fla. 2d DCA 2001). · cites it 7× “" § 903.28(2), Fla. Stat. (1979). Thus, the Accredited opinion references costs expended as a direct result of the nonappearance of the defendant rather than the costs of returning the defendant to the jurisdiction of the court.”

State ex rel. Gardner v. Allstar Bail Bonds, 983 So. 2d 1218 (Fla. 5th DCA 2008). · cites it 37× “In order to encourage sureties to pursue and apprehend absconding defendants, even after a bond forfeiture, section 903.28 provides an opportunity for a surety to obtain remission of the bond forfeiture.”

Allied Fid. Ins. Co. v. State, 415 So. 2d 109 (Fla. 3d DCA 1982). · cites it 2× “See § 903.28(1), Fla. Stat. (1979); Resolute Insurance Co.”

Resolute Ins. Co. v. State, Dade Cnty., 289 So. 2d 456 (Fla. 3d DCA 1974). · cites it 5× “Thereafter, acting pursuant to § 903.28 provides "[o]n application within one year from forfeiture, the court shall order remission if it determines that there was no breach of the bond", the surety applied to the circuit court for remission of the forfeiture upon which judgment…”

Cnty. of Volusia v. Audet, 682 So. 2d 687 (Fla. 5th DCA 1996). · cites it 5× “The lower court initially agreed with the County that there was no jurisdiction to set aside the judgment since Mann and Severson did not file a motion to set aside within the sixty day time period.”

Huie v. State, 92 So. 2d 264 (Fla. 1957). · cites it 4× “See Section 903.28, Florida Statutes, F.S.A. If such a judgment were reflected by the record, an appeal attacking the final judgment would be appropriate and all interlocutory steps in the proceeding leading up to the judgment then could be subjected to review.”

Show all 42 citing cases →

— 903.28(1) — 7 cases

Allied Fid. Ins. Co. v. State, 415 So. 2d 109 (Fla. 3d DCA 1982). “See § 903.28(1), Fla. Stat. (1979); Resolute Insurance Co.”

Hillsborough Cnty. v. ROCHE SUR. & CAS. CO., INC., 805 So. 2d 937 (Fla. 2d DCA 2001). “Because remission was improperly ordered pursuant to section 903.28, Florida Statutes (1999), we reverse.”

Accredited Sur. & Cas. Co. Inc. v. St., 418 So. 2d 378 (Fla. 5th DCA 1982). “On November 16, 1981 appellant filed a motion for remission of forefeiture pursuant to section 903.28, Florida Statutes (1979). At the hearing on the motion the county argued at length that Chapter 903 was not controlling because the parties were here pursuant to a tri-party…”

Fireline Bail Bonds v. Brock, 110 So. 3d 11 (Fla. 2d DCA 2013).

Al Estes Bonding Agency v. Citrus Cnty., 417 So. 2d 1127 (Fla. 5th DCA 1982).

— 903.28(10) — 2 cases

Fireline Bail Bonds v. Brock, 110 So. 3d 11 (Fla. 2d DCA 2013).

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

— 903.28(2) — 10 cases

Allegheny Cas. Co. v. State, 850 So. 2d 669 (Fla. 4th DCA 2003). “Pursuant to section 903.28, certain conditions precedent must be met before a court is authorized to order remission of a forfeited bond.”

Easy Bail Bonds v. Polk Cnty., 784 So. 2d 1173 (Fla. 2d DCA 2001). “" § 903.28(2), Fla. Stat. (1979). Thus, the Accredited opinion references costs expended as a direct result of the nonappearance of the defendant rather than the costs of returning the defendant to the jurisdiction of the court.”

Accredited Sur. & Cas. Co. Inc. v. Putnam Cnty., Fla., 528 So. 2d 430 (Fla. 5th DCA 1988).

Hillsborough Cnty. v. ROCHE SUR. & CAS. CO., INC., 805 So. 2d 937 (Fla. 2d DCA 2001). “Because remission was improperly ordered pursuant to section 903.28, Florida Statutes (1999), we reverse.”

— 903.28(3) — 3 cases

Cnty. Bonding Agency v. State, 724 So. 2d 131 (Fla. 3d DCA 1998). “This strict deadline is ameliorated, however, by the remission statute, section 903.28. Section 903.28 "establishes a method that the bondsman can use to receive what is in effect a two-year extension of time to surrender the defendant if the bondsman pays the forfeiture prior…”

State ex rel. Metro. Dade Cnty. v. Am. Bankers Ins. Co., 558 So. 2d 539 (Fla. 3d DCA 1990).

— 903.28(4) — 1 case

Bd. OF COM'RS v. Barber Bonding Agency, 860 So. 2d 10 (Fla. 5th DCA 2003). “Section 903.28, Florida Statutes, deals with remission of forfeited bail bonds.”

— 903.28(5) — 1 case

Sur. Contin. Herit. Ins. Co. v. Orange Cty., 798 So. 2d 837 (Fla. 5th DCA 2001). “" § 903.28, Fla. Stat. (1999). Continental tracked Wilson and Morrison to Jamaica through its own investigation.”

— 903.28(6) — 5 cases

State ex rel. Gardner v. Allstar Bail Bonds, 983 So. 2d 1218 (Fla. 5th DCA 2008). “In order to encourage sureties to pursue and apprehend absconding defendants, even after a bond forfeiture, section 903.28 provides an opportunity for a surety to obtain remission of the bond forfeiture.”

Bd. OF COM'RS v. Barber Bonding Agency, 860 So. 2d 10 (Fla. 5th DCA 2003). “Section 903.28, Florida Statutes, deals with remission of forfeited bail bonds.”

Cnty. of Volusia v. Audet, 682 So. 2d 687 (Fla. 5th DCA 1996). “The lower court initially agreed with the County that there was no jurisdiction to set aside the judgment since Mann and Severson did not file a motion to set aside within the sixty day time period.”

Leon Cnty. v. Aloi-Williams Bonding, 652 So. 2d 464 (Fla. 1st DCA 1995).

Fireline Bail Bonds v. Brock, 110 So. 3d 11 (Fla. 2d DCA 2013).

— 903.28(7) — 3 cases

Hillsborough Cnty. v. ROCHE SUR. & CAS. CO., INC., 805 So. 2d 937 (Fla. 2d DCA 2001). “Because remission was improperly ordered pursuant to section 903.28, Florida Statutes (1999), we reverse.”

Leon Cnty. v. Aloi-Williams Bonding, 652 So. 2d 464 (Fla. 1st DCA 1995).

— 903.28(8) — 3 cases

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

Palmetto Sur. Corp. v. State, 148 So. 3d 517 (Fla. 2d DCA 2014).

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

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