Florida Statute 903.31 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 903.31

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 903.31.

Annotations, Discussions, Cases:

Cases Citing Statute 903.31

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2015-12-16

Citation: 180 So. 3d 1221, 2015 Fla. App. LEXIS 18807

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

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

Court: District Court of Appeal of Florida | Date Filed: 2010-10-08

Citation: 45 So. 3d 540, 2010 Fla. App. LEXIS 15137

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

Ellis v. Hunter

Court: District Court of Appeal of Florida | Date Filed: 2009-01-16

Citation: 3 So. 3d 373, 2009 Fla. App. LEXIS 1974, 2009 WL 102221

Snippet: provides: Notwithstanding the provisions of s. 903.31(2), the clerk of the court shall withhold from

Ago

Court: Florida Attorney General Reports | Date Filed: 2006-05-31

Snippet: denied,254 So. 2d 789 (Fla. 1971). And see s. 903.31, Fla. Stat., which provides in part that an adjudication

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

Court: District Court of Appeal of Florida | Date Filed: 2004-11-04

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

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

Bush v. International Fidelity Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 2002-10-02

Citation: 834 So. 2d 212, 2002 WL 31175207

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

Broward County v. B & B Bail Bonds

Court: District Court of Appeal of Florida | Date Filed: 2001-08-08

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

Snippet: adjudicated Gore and sentenced him in absentia. Section 903.31(1), Florida Statutes (2000), provides that “[a]n

Melbourne Medical Laboratory, Inc. v. Lab Corp. of America

Court: District Court of Appeal of Florida | Date Filed: 1998-12-31

Citation: 722 So. 2d 962, 1998 Fla. App. LEXIS 16458, 1998 WL 906600

Snippet: Lab Corp filed a complaint seeking to recover $55,903.31 plus interest allegedly due from MML for lab services

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-04-25

Snippet: denied, 254 So.2d 789 (Fla. 1971). And see, s. 903.31, Fla. Stat., which provides in part that an adjudication

Rosenberg Bail Bonds v. Orange County

Court: District Court of Appeal of Florida | Date Filed: 1995-12-08

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

Snippet: discharged pursuant to section 903.31, Florida Statutes (1993): 903.31 Cancelling the bond. Within 10

Minasian v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-04-12

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

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

Polakoff Bail Bonds v. Orange County

Court: Supreme Court of Florida | Date Filed: 1994-04-14

Citation: 634 So. 2d 1083, 1994 WL 124320

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

Polakoff Bail Bonds v. Orange County

Court: District Court of Appeal of Florida | Date Filed: 1993-04-16

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

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

AAA Bail Bonds, Inc. v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-01-13

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

Snippet: appeal poses the question whether, under section 903.31, Florida Statutes (1989), the condition of an appearance

Battles v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-02-25

Citation: 595 So. 2d 183, 1992 WL 31825

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

State v. Fisher

Court: District Court of Appeal of Florida | Date Filed: 1991-03-27

Citation: 578 So. 2d 746, 1991 WL 41045

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

Accredited Surety & Casualty Co. v. Putnam County

Court: District Court of Appeal of Florida | Date Filed: 1990-05-17

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

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

Wiley v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-06-01

Citation: 451 So. 2d 916

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1982-09-23

Snippet: cert. denied,254 So.2d 789 (Fla. 1971). And see, s 903.31, F.S., which provides in part that an adjudications

AMERICAN DRUGGISTS'INS. CO. v. State

Court: District Court of Appeal of Florida | Date Filed: 1982-03-03

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

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