Florida Statute 903.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 903
BAIL

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F.S. 903.31

903.31 Canceling the bond.—

(1) Within 10 business days after the conditions of a bond have been satisfied or the forfeiture discharged or remitted, the court shall order the bond canceled and, if the surety has attached a certificate of cancellation to the original bond, the clerk of the court shall mail or electronically furnish an executed certificate of cancellation to the surety without cost. An adjudication of guilt or innocence or an acquittal, if a period of 36 months has passed since the original bond was posted, or a withholding of an adjudication of guilt shall satisfy the conditions of the bond. The original appearance bond shall expire 36 months after such bond has been posted for the release of the defendant from custody. This subsection does not apply to cases in which a bond has been declared forfeited before the 36-month expiration.

(2) The original appearance bond does not guarantee a deferred sentence; appearance during or after a presentence investigation; appearance during or after appeals; conduct during or appearance after admission to a pretrial intervention program; placement in a court-ordered program, including a residential mental health facility; payment of fines; or attendance at educational or rehabilitation facilities the court otherwise provides in the judgment. If the original appearance bond has been forfeited or revoked, the bond shall not be reinstated without approval from the surety on the original bond.

(3) If no formal charges are brought against the defendant within 365 days after arrest, the court shall order the bond canceled unless good cause is shown by the state.

History.—s. 74, ch. 19554, 1939; CGL 1940 Supp. 8663(74); s. 2, ch. 59-192; s. 36, ch. 70-339; s. 1, ch. 80-230; s. 12, ch. 86-151; s. 89, ch. 89-360; s. 7, ch. 99-303; s. 4, ch. 2000-229; s. 4, ch. 2006-279; s. 9, ch. 2013-192; s. 3, ch. 2017-168.

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Amendments to 903.31

Annotations, Discussions, Cases:

Cases Citing Statute 903.31

Total Results: 18

Resolute Insurance Company v. STATE, DADE COUNTY

269 So. 2d 770

District Court of Appeal of Florida | Filed: Dec 5, 1972 | Docket: 1385705

Cited 9 times | Published

resulted in the cancelling of the bond pursuant to § 903.31, Fla. Stat., F.S.A. Our determination of the first

Wiley v. State

451 So. 2d 916

District Court of Appeal of Florida | Filed: Jun 1, 1984 | Docket: 1482850

Cited 6 times | Published

operated as a matter of law, by virtue of section 903.31, to cancel the bond and release the surety

Accredited Surety & Cas. Co., Inc. v. State

318 So. 2d 554, 1975 Fla. App. LEXIS 15239

District Court of Appeal of Florida | Filed: Sep 23, 1975 | Docket: 1739199

Cited 6 times | Published

then canceled the bond. Appellant points out that § 903.31, Florida Statutes, sets forth the conditions under

Weaver v. State

370 So. 2d 1236

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

Cited 5 times | Published

Appellant moved for rehearing upon the ground that Section 903.31, Florida Statutes (1977), mandated cancellation

Allegheny Cas. Co. v. Roche Surety, Inc.

885 So. 2d 1016, 2004 Fla. App. LEXIS 16673, 2004 WL 2479536

District Court of Appeal of Florida | Filed: Nov 4, 2004 | Docket: 1287003

Cited 4 times | Published

ruled that the bonds were discharged under section 903.31(1), Florida Statutes, which provides that bonds

AMERICAN DRUGGISTS'INS. CO. v. State

410 So. 2d 627, 1982 Fla. App. LEXIS 19408

District Court of Appeal of Florida | Filed: Mar 3, 1982 | Docket: 477794

Cited 4 times | Published

court. At the time of the proceedings below, section 903.31, Florida Statutes (1979), read as follows:

Polakoff Bail Bonds v. Orange County

634 So. 2d 1083, 1994 WL 124320

Supreme Court of Florida | Filed: Apr 14, 1994 | Docket: 1737662

Cited 3 times | Published

as being of great public importance: UNDER SECTION 903.31, FLORIDA STATUTES (1991), IS THE CONDITION

Bush v. International Fidelity Ins. Co.

834 So. 2d 212, 2002 WL 31175207

District Court of Appeal of Florida | Filed: Oct 2, 2002 | Docket: 1329258

Cited 2 times | Published

in the original agreement. The provisions of section 903.31 stating that the bond shall be cancelled when

State v. Fisher

578 So. 2d 746, 1991 WL 41045

District Court of Appeal of Florida | Filed: Mar 27, 1991 | Docket: 962559

Cited 2 times | Published

inapplicable by amendments in 1980 and 1986 to section 903.31, Florida Statutes. We disagree and find that

Battles v. State

595 So. 2d 183, 1992 WL 31825

District Court of Appeal of Florida | Filed: Feb 25, 1992 | Docket: 1299616

Cited 1 times | Published

itself, as well as certain limiting language in § 903.31, Florida Statutes (Supp. 1986), prohibit the use

Accredited Surety & Casualty Co. v. Putnam County

561 So. 2d 1243, 1990 Fla. App. LEXIS 3495, 1990 WL 64126

District Court of Appeal of Florida | Filed: May 17, 1990 | Docket: 64650811

Cited 1 times | Published

educational or rehabilitative facilities. See § 903.31, Fla.Stat. (1989). In the instant case, it is

Howard C. Forman, as Clerk of the Circuit and County Courts of Broward County v. Charles Tay

180 So. 3d 1221, 2015 Fla. App. LEXIS 18807, 2015 WL 9008445

District Court of Appeal of Florida | Filed: Dec 16, 2015 | Docket: 3021572

Published

court properly interpreted the language of section 903.31(1), Florida Statutes (2014), we affirm its

American Bankers Insurance Co. v. State Ex Rel. Osceola County Clerk

45 So. 3d 540, 2010 Fla. App. LEXIS 15137, 2010 WL 3927238

District Court of Appeal of Florida | Filed: Oct 8, 2010 | Docket: 1290785

Published

the defendant's bond without ABIC's consent. See § 903.31(2), Fla. Stat. (2008) (stating that if an original

Broward County v. B & B Bail Bonds

790 So. 2d 1224, 2001 Fla. App. LEXIS 11091, 2001 WL 883271

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 64807281

Published

adjudicated Gore and sentenced him in absentia. Section 903.31(1), Florida Statutes (2000), provides that

Rosenberg Bail Bonds v. Orange County

663 So. 2d 1389, 1995 Fla. App. LEXIS 12596, 1995 WL 722902

District Court of Appeal of Florida | Filed: Dec 8, 1995 | Docket: 64760524

Published

his responsibility was discharged pursuant to section 903.31, Florida Statutes (1993): 903.31 Cancelling

Minasian v. State

655 So. 2d 1143, 1995 Fla. App. LEXIS 3645, 1995 WL 169924

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 64756658

Published

bond could be forfeited to pay restitution. Section 903.31 requires that a bond be cancelled within 10

Polakoff Bail Bonds v. Orange County

617 So. 2d 378, 1993 Fla. App. LEXIS 4223, 1993 WL 114653

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 64695780

Published

for sentencing. Appellants contend that under section 903.31, Florida Statutes (1991),1 and under the terms

AAA Bail Bonds, Inc. v. State

611 So. 2d 612, 1993 Fla. App. LEXIS 45, 1993 WL 5840

District Court of Appeal of Florida | Filed: Jan 13, 1993 | Docket: 64693255

Published

issue appeal poses the question whether, under section 903.31, Florida Statutes (1989), the condition of