Florida Statutes
Fla. Stat. § 903.31 (2025)
Canceling the bond.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 20
cases, 1972–2015 · leading case: Wiley v. State, 451 So. 2d 916 (Fla. 1st DCA 1984).
Wiley v. State, 451 So. 2d 916 (Fla. 1st DCA 1984). “" In addition to the above provisions, section 903.31, Florida Statutes (1979), which was in effect in 1980 when the first order of forfeiture was entered, states: When the conditions of a bond have been satisfied or the forfeiture discharged or remitted, the court shall order…”
Polakoff Bail Bonds v. Orange Cnty., 634 So. 2d 1083 (Fla. 1994). “Polakoff first argues that according to the plain meaning of section 903.31, Florida Statutes (1991), the bonds were satisfied when the court ordered Joseph's presentence investigation.”
Allegheny Cas. Co. v. Roche Sur., Inc., 885 So. 2d 1016 (Fla. 5th DCA 2004). “The trial court ruled that the bonds were discharged under section 903.31(1), Florida Statutes, which provides that bonds expire 36 months after they have been posted: (1) Within 10 business days after the conditions of a bond have been satisfied or the forfeiture discharged or…”
State v. Fisher, 578 So. 2d 746 (Fla. 2d DCA 1991). “We disagree and find that both American Druggists' and Accredited Surety are both still applicable interpretations of section 903.31, Florida Statutes (1987). In this case, Accredited Surety and Casualty Company bonded the defendant, Richard Fisher, for his appearance on charges…”
Am. Druggists'ins. Co. v. State, 410 So. 2d 627 (Fla. 2d DCA 1982). “At the time of the proceedings below, section 903.31, Florida Statutes (1979), read as follows: When the conditions of a bond have been satisfied or the forfeiture discharged or remitted, the court shall order the bond canceled.”
Bush v. Int'l Fid. Ins. Co., 834 So. 2d 212 (Fla. 4th DCA 2002). “The provisions of section 903.31 stating that the bond shall be cancelled when the forfeiture is discharged or remitted becomes applicable only when, by reason of a court order or the conduct of the state, it is clearly intended that the defendant be relieved of further…”
Battles v. State, 595 So. 2d 183 (Fla. 1st DCA 1992). “Section 903.31, Florida Statutes (Supp. 1986), clearly states "original appearance bonds shall not be construed to guarantee .”
Weaver v. State, 370 So. 2d 1236 (Fla. 2d DCA 1979). “Appellant moved for rehearing upon the ground that Section 903.31, Florida Statutes (1977), mandated cancellation of the bond.”
AAA Bail Bonds, Inc. v. State, 611 So. 2d 612 (Fla. 4th DCA 1993). “This single issue appeal poses the question whether, under section 903.31, Florida Statutes (1989), the condition of an appearance bond is satisfied when the court accepts a plea of guilty or nolo contendere, but enters no judgment, and passes the case for adjudication and…”
State v. Spitsyn, 811 A.2d 201 (Vt. 2002). “2d at 1244 (surety is obligated only until the adjudication of guilt and not until sentencing where a Florida statute, Fla. Stat. 903.31, states that adjudication of guilt or innocence satisfies the obligation under the bond), with United States v.”
Aa-Prof'l Bail Bonding v. Deal, 775 S.E.2d 217 (Ga. Ct. App. 2015). “Orange County, 663 S2d 1389, 1389-90 (Fla. 5th DCA 1995) (holding that surety’s obligation was relieved upon defendant’s admission to a pretrial intervention program not ordered by a court pursuant to Fla.”
Accredited Sur. & Cas. Co. v. Putnam Cnty., 561 So. 2d 1243 (Fla. 1st DCA 1990). “See § 903.31, Fla.Stat. (1989). In the instant case, it is clear that the forfeiture'of the original appearance bond was improper insofar as it was based on the defendant’s failure to report to the prison after being found guilty in Case No.”
— 903.31(1) — 3 cases
Allegheny Cas. Co. v. Roche Sur., Inc., 885 So. 2d 1016 (Fla. 5th DCA 2004). “The trial court ruled that the bonds were discharged under section 903.31(1), Florida Statutes, which provides that bonds expire 36 months after they have been posted: (1) Within 10 business days after the conditions of a bond have been satisfied or the forfeiture discharged or…”
Howard C. Forman, as Clerk of the Circuit & Cnty. Courts of Broward Cnty. v. Charles Tay, 180 So. 3d 1221 (Fla. 4th DCA 2015).
Broward Cnty. v. B & B Bail Bonds, 790 So. 2d 1224 (Fla. 4th DCA 2001).
— 903.31(2) — 1 case
Am. Bankers Ins. Co. v. State Ex Rel. Osceola Cnty. Clerk, 45 So. 3d 540 (Fla. 5th DCA 2010).
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