Florida Statute 903.28 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 903
BAIL

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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.

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Amendments to 903.28

Arrestable Offenses / Crimes under Fla. Stat. 903.28

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 903.28.

Annotations, Discussions, Cases:

Cases Citing Statute 903.28

Total Results: 20

Palmetto Surety Corporation v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-10-08

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

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

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

Fireline Bail Bonds v. Brock

Court: District Court of Appeal of Florida | Date Filed: 2013-02-06

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

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

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: aside a forfeiture (pursuant to sections 903.26 and 903.28), not a motion to vacate a final judgment. The

State ex rel. Gardner v. Allstar Bail Bonds

Court: District Court of Appeal of Florida | Date Filed: 2008-06-20

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

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

State v. Sunshine State Bail Bonds, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-11-09

Citation: 967 So. 2d 1084, 2007 WL 3313445

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

Carr v. Lammie

Court: District Court of Appeal of Florida | Date Filed: 2004-03-17

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

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

BOARD OF COM'RS v. Barber Bonding Agency

Court: District Court of Appeal of Florida | Date Filed: 2003-09-26

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

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

Allegheny Cas. Co. v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-07-30

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

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

Carr v. Lammie

Court: District Court of Appeal of Florida | Date Filed: 2002-04-05

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

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2001-11-02

Citation: 798 So. 2d 837, 2001 WL 1344071

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

Allen v. Orange County

Court: District Court of Appeal of Florida | Date Filed: 2001-07-13

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

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

Easy Bail Bonds v. Polk County

Court: District Court of Appeal of Florida | Date Filed: 2001-04-04

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

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

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

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

Leon County v. Aloi-Williams Bonding

Court: District Court of Appeal of Florida | Date Filed: 1995-03-23

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1991-02-14

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

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

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

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