Florida Statutes

Fla. Stat. § 903.29 (2025)

Arrest of principal by surety after forfeiture.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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903.29 Arrest of principal by surety after forfeiture.—Within 2 years from the date of forfeiture of a bond, the surety may arrest the principal for the purpose of surrendering the principal to the official in whose custody she or he was at the time bail was taken or in whose custody the principal would have been placed had she or he been committed.

History.—s. 72, ch. 19554, 1939; CGL 1940 Supp. 8663(72); s. 1, ch. 59-192; s. 5, ch. 61-406; s. 5, ch. 65-492; s. 35, ch. 70-339; s. 47, ch. 84-103; s. 11, ch. 86-151; s. 1486, ch. 97-102.

Notes of Decisions

Cited in 4 cases, 1956–1986 · leading case: Allied Fid. Ins. Co. v. State, 415 So. 2d 109 (Fla. 3d DCA 1982).

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Allied Fid. Ins. Co. v. State, 415 So. 2d 109 (Fla. 3d DCA 1982). · cites it 2× “§ 903.29, Fla. Stat. (1979). A surety which has not paid the forfeiture within thirty days is not authorized to seek remission or arrest the defendant and is limited to filing a motion to vacate the final judgment within forty-five days of its entry.”

Pub. Serv. Mut. Ins. Co. v. State, 135 So. 2d 777 (Fla. 1st DCA 1961). · cites it 4× “Appellant contends that its rights are governed by Section 903.29(1), Florida Statutes 1959, F.”

Capitol Indem. Ins. Co. v. State, 86 So. 2d 156 (Fla. 1956). “complain that it has not had its "day in court" when it fails to produce the prisoner in court at the appointed time or legally excuse the default and when, by the express terms of its undertaking, it is "bound" to pay the penal sum specified therein upon such failure …”

Rubin S. Williams Bailbonds, Inc. v. State, 493 So. 2d 1065 (Fla. 1st DCA 1986). · cites it 4× “That opinion suggests that section 903.29, Florida Statutes (Supp.1984), denies to the surety the right to arrest the principal until after the surety had paid the forfeiture.”

— 903.29(1) — 1 case

Pub. Serv. Mut. Ins. Co. v. State, 135 So. 2d 777 (Fla. 1st DCA 1961). “Appellant contends that its rights are governed by Section 903.29(1), Florida Statutes 1959, F.”

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