Florida bond forfeiture and remission, step by step

A bail bond may not be forfeited unless both of these are true (s. 903.26(1)):

• The information, indictment or affidavit was filed within 6 months of the arrest.
• The clerk gave the surety at least 72 hours’ notice of the required appearance, not counting Saturdays, Sundays and holidays. No notice is needed when the appearance is within 72 hours of the arrest, or when the time is stated on the bond. Notice may be mailed or sent electronically.

The clocks start at different points: the missed appearance, the notice, and the judgment.

1. Day 0

   The defendant misses court

   The clerk enters the forfeiture automatically. If the defendant appears later the same day, the court may decide in the interest of justice not to forfeit; any appearance after that day is a forfeiture (s. 903.26(2)(b)). On request, the clerk gives the agent or surety a certified copy of the warrant or capias (s. 903.26(2)(c)).

2. Within 5 days

   The clerk’s notice

   The clerk mails or electronically sends notice to the surety agent and the surety company. With the clerk’s certificate that it was sent, not receiving it is no defense (s. 903.26(2)(a)).

3. 60 days after the notice

   Pay, or have the forfeiture discharged

   The forfeiture must be paid within 60 days of the date the notice was sent (s. 903.26(2)(a)), unless the court discharges it on one of the grounds below.

4. Day 61 on

   Judgment against the surety

   If the forfeiture is not paid or discharged, the clerk enters a judgment against the surety for the amount of the bond and issues execution. Within 10 days the clerk sends it to the Department of Financial Services, the Office of Insurance Regulation and the surety company (s. 903.27(1)).

5. 35 days after judgment

   Pay the judgment, or move to set it aside

   Within 35 days the surety or agent must pay the clerk the amount of the judgment, or file a motion to set aside or stay it together with that amount, which the clerk holds in escrow until the motion is decided (s. 903.27(4)-(5)). An agent with a judgment unpaid for 35 days cannot write bonds, and neither can a company with one unpaid for 50 days (s. 903.27(3), s. 648.44(1)(m)).

6. Up to 2 years after forfeiture

   Remission

   After paying, the surety can apply for remission, on the schedule below (s. 903.28).

The court must discharge a forfeiture within 60 days on any of these grounds (s. 903.26(5)):

• It was impossible for the defendant to appear as required, or within 60 days after, because of circumstances beyond the defendant’s control. The economic cost of appearing does not count.
• At the time of the appearance or within 60 days after, the defendant was confined in an institution or hospital, held in any county, state, federal or immigration detention facility, deported, or deceased.
• The defendant was surrendered or arrested within 60 days after the missed appearance, in any county, state or federal jail or prison, with a hold placed to return the defendant. The court conditions the discharge on payment of the costs of returning the defendant.
• The state is unwilling to seek extradition within 30 days after the surety agent asks, and the agent agrees to pay the costs of returning the defendant, up to the amount of the bond.

If, before judgment, the defendant is returned to the county or posts a new bond in the case, the clerk discharges the forfeiture on the sheriff’s or chief correctional officer’s confirmation, without a hearing, provided the agent pays the costs of returning the defendant (s. 903.26(8)). A forfeiture may not be discharged for any other reason (s. 903.26(6)).

When the defendant surrenders or is caught after the forfeiture, the court orders remission of up to the percentage below (s. 903.28(2)-(6)):

• The surety qualifies when it apprehended and surrendered the defendant, substantially caused the apprehension or surrender, or substantially attempted to, and the delay has not thwarted the prosecution.
• When the surety took no substantial part, remission is still granted, less the costs of returning the defendant, if the delay has not thwarted the prosecution.
• The application needs affidavits, and any claimed attempt to cause the surrender must be shown with further evidence. The clerk and the state attorney get 20 days’ notice of the hearing and copies of every paper, and remission is conditioned on paying costs (s. 903.28(8)).
• If there was no breach of the bond, the court orders remission on an application made within 2 years of the forfeiture, without the costs condition (s. 903.28(1), s. 903.28(8)).

Remission may not be ordered for any other reason (s. 903.28(7)).

• Within 10 business days after the bond’s conditions are satisfied, or a forfeiture is discharged or remitted, the court orders the bond canceled (s. 903.31(1)).
• The original appearance bond expires 36 months after it was posted, unless it was declared forfeited before then (s. 903.31(1)).
• If no formal charges are filed within 365 days of the arrest, the court orders the bond canceled unless the state shows good cause (s. 903.31(3)).
• The bond does not guarantee a deferred sentence, appearance after a presentence investigation or during appeals, pretrial intervention, court-ordered programs or payment of fines (s. 903.31(2)).

A surety may arrest the defendant before a forfeiture to surrender them, or authorize a peace officer to do it by endorsing a certified copy of the bond (s. 903.22), and surrender ends the surety’s exposure once the court exonerates the bond (s. 903.21). The recovery guide covers who may make the arrest and how a surrender works.