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Florida Statute 903.27 | Lawyer Caselaw & Research
F.S. 903.27 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 903
BAIL
View Entire Chapter
F.S. 903.27
903.27 Forfeiture to judgment.
(1) If the forfeiture is not paid or discharged by order of a court of competent jurisdiction within 60 days and the bond is secured other than by money and bonds authorized in s. 903.16, the clerk of the circuit court for the county where the order was made shall enter a judgment against the surety for the amount of the penalty and issue execution. However, in any case in which the bond forfeiture has been discharged by the court of competent jurisdiction conditioned upon the payment by the surety of certain costs or fees as allowed by statute, the amount for which judgment may be entered may not exceed the amount of the unpaid fees or costs upon which the discharge had been conditioned. Judgment for the full amount of the forfeiture shall not be entered if payment of a lesser amount will satisfy the conditions to discharge the forfeiture. Within 10 days, the clerk shall furnish the Department of Financial Services and the Office of Insurance Regulation of the Financial Services Commission with a certified copy of the judgment docket and shall furnish the surety company at its home office a copy of the judgment, which shall include the power of attorney number of the bond and the name of the executing agent. If the judgment is not paid within 35 days, the clerk shall furnish the Department of Financial Services, the Office of Insurance Regulation, and the sheriff of the county in which the bond was executed, or the official responsible for operation of the county jail, if other than the sheriff, two copies of the judgment and a certificate stating that the judgment remains unsatisfied. When and if the judgment is properly paid or an order to vacate the judgment has been entered by a court of competent jurisdiction, the clerk shall immediately notify the sheriff, or the official responsible for the operation of the county jail, if other than the sheriff, and the Department of Financial Services and the Office of Insurance Regulation, if the department and office had been previously notified of nonpayment, of such payment or order to vacate the judgment. The clerk may furnish documents or give notice as required in this subsection by mail or electronic means. The clerk shall also immediately prepare and record in the public records a satisfaction of the judgment or record the order to vacate judgment. If the defendant is returned to the county of jurisdiction of the court, whenever a motion to set aside the judgment is filed, the operation of this section is tolled until the court makes a disposition of the motion.
(2) A certificate signed by the clerk of the court or her or his designee, certifying that the notice required in subsection (1) was mailed or electronically delivered on a specified date, and accompanied by a copy of the required notice constitutes sufficient proof that such mailing or electronic delivery was properly accomplished as indicated therein. If such mailing or electronic delivery was properly accomplished as evidenced by such certificate, the failure of a company to receive a copy of the judgment as prescribed in subsection (1) does not constitute a defense to the forfeiture and is not a ground for the discharge, remission, reduction, set aside, or continuance of such forfeiture.
(3) Surety bail bonds may not be executed by a bail bond agent against whom a judgment has been entered which has remained unpaid for 35 days and may not be executed for a company against whom a judgment has been entered which has remained unpaid for 50 days. No sheriff or other official who is empowered to accept or approve surety bail bonds shall accept or approve such a bond executed by such a bail bond agent or executed for such a company until such judgment has been paid.
(4) After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bond agent shall, within 35 days of the entry of judgment, submit to the clerk of the circuit court an amount equal to the judgment, unless the judgment has been set aside by the court within 35 days of the entry of judgment. If a motion to set aside the judgment has been filed pursuant to subsection (5), the amount submitted shall be held in escrow until such time as the court has disposed of the motion. The failure to comply with the provisions of this subsection constitutes a failure to pay the judgment.
(5) After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bond agent may within 35 days file a motion to set aside the judgment or to stay the judgment. It shall be a condition of any such motion and of any order to stay the judgment that the surety pay the amount of the judgment to the clerk, which amount shall be held in escrow until such time as the court has disposed of the motion to set aside the judgment. The filing of such a motion, when accompanied by the required escrow deposit, shall act as an automatic stay of further proceedings, including execution, until the motion has been heard and a decision rendered by the court.
(6) The failure of a state attorney to file, or of the clerk of the circuit court to make, a certified copy of the order of forfeiture as required by law applicable prior to July 1, 1982, shall not invalidate any judgment entered by the clerk prior to June 12, 1981.
History.s. 70, ch. 19554, 1939; CGL 1940 Supp. 8663(70); ss. 3, 24, ch. 61-406; s. 3, ch. 65-492; ss. 13, 35, ch. 69-106; s. 1, ch. 69-149; s. 33, ch. 70-339; s. 1, ch. 70-439; s. 173, ch. 71-355; s. 34, ch. 73-334; s. 1, ch. 81-47; s. 59, ch. 82-175; s. 2, ch. 83-83; s. 45, ch. 84-103; s. 9, ch. 86-151; s. 88, ch. 89-360; s. 1485, ch. 97-102; s. 5, ch. 99-303; s. 1921, ch. 2003-261; s. 3, ch. 2006-279; s. 8, ch. 2013-192.

F.S. 903.27 on Google Scholar

F.S. 903.27 on Casetext

Amendments to 903.27


Arrestable Offenses / Crimes under Fla. Stat. 903.27
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 903.27.



Annotations, Discussions, Cases:

Cases from cite.case.law:

POLAKOFF AABBOTT BAIL BONDS, v. STATE, 111 So. 3d 253 (Fla. Dist. Ct. App. 2013)

. . . . § 903.27(1), Fla. Stat. (2011). . . . . § 903.27(4)-(5), Fla. Stat. (2011). . . . proceedings, including execution, until the motion has been heard and a decision rendered by the court.” § 903.27 . . . with two copies of the judgment and a certificate stating that the judgment remains unsatisfied. § 903.27 . . . section 903.28(1) or a motion to set aside judgment pursuant to the pertinent provisions of section 903.27 . . .

In DAECHARKHOM, LLC, v., 481 B.R. 641 (Bankr. D. Nev. 2012)

. . . The promissory note provided Defendant would make monthly payments in the minimum amount of $903.27 until . . .

CARDOZA v. STATE, 98 So. 3d 1217 (Fla. Dist. Ct. App. 2012)

. . . is simply this: Whether Appellants were required to comply with the mandatory provisions of section 903.27 . . . Section 903.27(5), Florida Statutes (2009), provides: After notice of judgment against the surety given . . . This Court has held that “[o]nce a forfeiture has been reduced to judgment ... section 903.27, Florida . . . Appellants acknowledged as much, citing section 903.27 in their motion filed in the circuit court. . . . void” (as opposed to “voidable”), a surety would act at its own peril filing a motion under section 903.27 . . . judgment of bail forfeiture against Continental for $5000, plus costs and interest, pursuant to section 903.27 . . . See § 903.27(5), Fla. Stat. (2009). . . . requiring the Appellants to pay into escrow the amount of the judgment as otherwise required by Section 903.27 . . .

ELLSWORTH, v. STATE, 89 So. 3d 1076 (Fla. Dist. Ct. App. 2012)

. . . DCA 1980), this court examined whether the clerk of court could enter a judgment pursuant to section 903.27 . . .

SINGH BAIL BONDS Co. v. BROCK,, 88 So. 3d 960 (Fla. Dist. Ct. App. 2011)

. . . See § 903.27(5) (allowing the surety or the bail bond agent thirty-five days to seek relief from the . . . JURISDICTION Based on the following language of section 903.27(1), the amended bond forfeiture judgment . . . ANALYSIS Section 903.27 sets forth a precondition to seeking to discharge or to set aside a bond forfeiture . . . By the means of section 903.27(1), the legislature has endowed the clerks of court with the authority . . .

MIKE SNAPP BAIL BONDS, v. ORANGE COUNTY,, 913 So. 2d 88 (Fla. Dist. Ct. App. 2005)

. . . that because the forfeiture judgment had been rendered, Snapp could only seek a remedy under section 903.27 . . . If section 903.27(5) is applicable to this case, which we question, payment was within the required 35 . . . by section 903.26 to the bonding company caused it to have to pay the forfeited bond under section 903.27 . . . remedy on rehearing when Snapp timely paid the forfeited bond within the 35 days specified by section 903.27 . . .

AL ESTES BONDING, INC. v. PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS,, 845 So. 2d 254 (Fla. Dist. Ct. App. 2003)

. . . pursuant to section 903.26 in order to avoid the entry of a judgment against the surety under section 903.27 . . . money to the clerk of court pursuant to section 903.26, no final judgment will be entered under section 903.27 . . . See § 903.27, Fla. Stat. (2002). . . . the bail bondsman is not forced to allow the issue to go to judgment against the surety under section 903.27 . . .

HILLSBOROUGH COUNTY, v. ROCHE SURETY CASUALTY, CO. INC., 805 So. 2d 937 (Fla. Dist. Ct. App. 2001)

. . . . § 903.27(1), Fla. Stat. (1999). . . .

STATE v. WHITMIRE a a, 791 So. 2d 1192 (Fla. Dist. Ct. App. 2001)

. . . and respondent below, seeks review of an order vacating a final judgment entered pursuant to section 903.27 . . . after the expiration of the thirty-five day period for setting aside the judgment set forth in section 903.27 . . .

DOLLY BOLDING BAIL BONDS, v. STATE, 787 So. 2d 73 (Fla. Dist. Ct. App. 2001)

. . . See § 903.27, Fla. Stat. (1999). Reversed and remanded. . . .

COUNTY BONDING AGENCY, v. STATE, 724 So. 2d 131 (Fla. Dist. Ct. App. 1998)

. . . . §§ 903.26(2)(a),(b), 903.27(1). . . .

COUNTY OF VOLUSIA, v. AUDET,, 682 So. 2d 687 (Fla. Dist. Ct. App. 1996)

. . . . § 903.27(1), Fla. Stat. On June 20, 1994, Mann and Severson satisfied the judgment. . . . notes, Mann and Severson did not move to set the judgment aside until 118 days after it was entered. § 903.27 . . .

In F. DICKSON D., 114 B.R. 740 (Bankr. N.D. Okla. 1990)

. . . -3 reports one unsecured debt of $110.00 incurred sometime in 1986, four unsecured debts totalling $903.27 . . .

STATE METROPOLITAN DADE COUNTY, v. AMERICAN BANKERS INSURANCE COMPANY,, 558 So. 2d 539 (Fla. Dist. Ct. App. 1990)

. . . paid the amount of the bond; and (c) the surety moved to set aside the judgment pursuant to section 903.27 . . . The State contends, in substance, that a motion to set aside the judgment under subsection 903.27(5) . . . Prior to 1986, subsection 903.27(5) contained a sentence which provided, “Upon the filing of such a motion . . . . 86-151, § 9, Laws of Fla., and the amendment substituted the present final sentence in subsection 903.27 . . . We therefore hold that relief was not available to American Bankers under subsection 903.27(5). . . .

STATE METROPOLITAN DADE COUNTY, v. QUESADA,, 529 So. 2d 792 (Fla. Dist. Ct. App. 1988)

. . . Once a forfeiture has been reduced to judgment, however, section 903.27, Florida Statutes (1985), exclusively . . . trial court incorrectly invoked the provisions of section 903.28 on behalf of the surety where section 903.27 . . .

In SANTACRUZ AMERICAN BANKERS INSURANCE COMPANY, v. SEMINOLE COUNTY,, 526 So. 2d 736 (Fla. Dist. Ct. App. 1988)

. . . See § 903.27(5), Fla.Stat. American appeals. We affirm. . . .

ALLIED FIDELITY INSURANCE COMPANY, v. STATE, 499 So. 2d 932 (Fla. Dist. Ct. App. 1986)

. . . The court so ruled relying on Section 903.27(5), Florida Statutes, which proscribes a 45-day time limit . . . Section 903.27(5) proscribes a 45-day time limit for the filing of motions to set aside judgments of . . . The trial court relied on Section 903.27(5) to find it was without jurisdiction to grant relief in this . . . to Fla.R.Civ.P. 1.540(b), when such is applicable, notwithstanding a failure to comply with Section 903.27 . . .

RUBIN S. WILLIAMS BAILBONDS, INC. v. STATE, 493 So. 2d 1065 (Fla. Dist. Ct. App. 1986)

. . . . § 903.27(1), Fla.Stat. (1983). . . .

HAMMOND v. MIHALKO, HAMMOND, v. PALM BEACH COUNTY,, 455 So. 2d 529 (Fla. Dist. Ct. App. 1984)

. . . bondsman did not file a motion to set aside the Final Judgment within the 45 day time limit of Section 903.27 . . .

WILEY, II, F. v. STATE, 451 So. 2d 916 (Fla. Dist. Ct. App. 1984)

. . . Section 903.27, Florida Statutes (1975), states that if the forfeiture is not paid or discharged within . . . In Resolute II, the surety’s motion was addressed to the court’s discretion under section 903.27(2), . . . In chapter 82-175, Laws of Florida, the legislature made extensive revisions to sections 903.26, 903.27 . . .

L. WILLIAMS, I. L. E. D. v. STATE, 431 So. 2d 308 (Fla. Dist. Ct. App. 1983)

. . . shall be prepared to give effect to this Order, and to proceed to entry of judgment pursuant to Section 903.27 . . . As it does not appear that judgment has been entered as provided by section 903.27(1), nor that appellants . . . have surely abandoned remedies available in circuit court under section 903.26(5) or 903.27(2), the . . .

ACCREDITED SURETY CASUALTY COMPANY, INC. v. STATE, 418 So. 2d 378 (Fla. Dist. Ct. App. 1982)

. . . The applicable sections of Florida Statutes are recited below: Section 903.27, Florida Statutes (1979 . . . section 903.28 because a sister court has held that once a forfeiture judgment is rendered only section 903.27 . . . However, in Resolute the time for filing a motion to set aside the judgment pursuant to section 903.27 . . . Once a judgment has been vacated pursuant to subsection 903.27(2) or Florida Rule of Civil Procedure . . . United Bonding the court held that a judgment entered after a forfeiture was paid was void under section 903.27 . . .

AL ESTES BONDING AGENCY, v. CITRUS COUNTY,, 417 So. 2d 1127 (Fla. Dist. Ct. App. 1982)

. . . . § 903.27(1), Fla.Stat. (1981). . § 903.27(2), Fla.Stat. (1981). . § 903.27(1), Fla.Stat. (1981). . . . .

ALLIED FIDELITY INSURANCE COMPANY, v. STATE, 415 So. 2d 109 (Fla. Dist. Ct. App. 1982)

. . . See § 903.27, Fla.Stat. (1979). . . . . and is limited to filing a motion to vacate the final judgment within forty-five days of its entry. § 903.27 . . .

COTTONBELT INSURANCE COMPANY F. v. STATE, 400 So. 2d 836 (Fla. Dist. Ct. App. 1981)

. . . vacate a judgment forfeiting an appearance bond, nor made any mention of the provisions of Section 903.27 . . . Thus we are not called on to answer the question whether Section 903.27(2), with its forty-five day limit . . .

ACCREDITED SURETY CASUALTY CO. INC. A- v. STATE T., 395 So. 2d 295 (Fla. Dist. Ct. App. 1981)

. . . The Surety company appeals the estreature before entry of a final judgment pursuant to section 903.27 . . .

MORFFIS, a k a v. STATE, 389 So. 2d 350 (Fla. Dist. Ct. App. 1980)

. . . See § 903.27(2), Fla.Stat. (1977); Allied Fidelity Insurance Company v. . . .

RUIZ v. STATE, 385 So. 2d 170 (Fla. Dist. Ct. App. 1980)

. . . Dade County, 289 So.2d 456 (Fla.3d DCA 1974); § 903.27(2), Fla.Stat. (1977). . . .

ALLIED FIDELITY INSURANCE COMPANY, v. GRAHAM, f u b o, 384 So. 2d 294 (Fla. Dist. Ct. App. 1980)

. . . forfeiture on October 12,1978, and on January 22, 1979, a judgment was entered pursuant to Section 903.27 . . . Thereafter, appellant filed a motion to set aside judgment pursuant to Section 903.27, Florida Statutes . . .

P. FERLITA, v. STATE, 380 So. 2d 1118 (Fla. Dist. Ct. App. 1980)

. . . The narrow question presented here is whether the clerk had power to enter a judgment under Section 903.27 . . . of those rules, we think that a circuit court clerk is powerless to enter a judgment under Section 903.27 . . . Section 903.27 reads in pertinent part as follows: (1) If the forfeiture is not paid or discharged within . . .

ALLIED FIDELITY INSURANCE COMPANY, v. STATE, 372 So. 2d 545 (Fla. Dist. Ct. App. 1979)

. . . See Section 903.27(2), Florida Statutes (1977); Resolute Insurance Company v. . . .

STATE v. L. SPONHEIM,, 366 So. 2d 143 (Fla. Dist. Ct. App. 1979)

. . . As the state correctly points out, Section 903.27(2), Florida Statutes (1977), is applicable here and . . .

MIDLAND INSURANCE CO. a v. STATE, 354 So. 2d 961 (Fla. Dist. Ct. App. 1978)

. . . Insurance Company filed a timely motion to set aside the final judgment of forfeiture pursuant to Section 903.27 . . .

RESOLUTE INSURANCE COMPANY v. P. BRINKER,, 338 So. 2d 861 (Fla. Dist. Ct. App. 1976)

. . . Subsequently, statutory proceedings were instituted pursuant to § 903.27(1), Fla.Stat., to have judgments . . . Pursuant to the provisions of § 903.27(1), Fla. . . . Implicit in its holding was that the remedy afforded a surety company, pursuant to § 903.27(2), Fla.Stat . . . contained therein, they should have sought relief within the forty-five day period provided for in ‘ § 903.27 . . .

PUBLIC SERVICE MUTUAL INSURANCE CO. a v. STATE DADE COUNTY,, 330 So. 2d 518 (Fla. Dist. Ct. App. 1976)

. . . If the forfeiture is not paid or discharged within thirty days, § 903.27 provides for a copy of the order . . . By subparagraph (2) of § 903.27, after notice of judgment given to the surety by the clerk, “the surety . . .

STATE DADE COUNTY, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, a, 311 So. 2d 123 (Fla. Dist. Ct. App. 1975)

. . . See § 903.27(2) Fla.Stat., F.S.A. . . .

RESOLUTE INSURANCE COMPANY, a v. STATE DADE COUNTY,, 289 So. 2d 456 (Fla. Dist. Ct. App. 1974)

. . . Section 903.27(2), Fla.Stat, F.S.A., provides that “[a]fter notice of judgment . . . the surety or bail . . . We are therefore presented with a clear question as to whether or not these two sections (903.27 and . . . Section 903.27 presently reads as follows : “903.27 Forfeiture to judgment.— “(1) If the forfeiture is . . . remission of forfeiture section, would ordinarily have been applied in the trial court while section 903.27 . . . with the decision in Keefe, supra, that once the forfeiture has been reduced to judgment only section 903.27 . . .

SOUTH AMERICAN FIRE INSURANCE COMPANY, a v. STATE DADE COUNTY,, 270 So. 2d 374 (Fla. Dist. Ct. App. 1972)

. . . Pursuant to § 903.27, Fla. . . .

MARYLAND NATIONAL INSURANCE COMPANY, a v. STATE DADE COUNTY,, 243 So. 2d 183 (Fla. Dist. Ct. App. 1971)

. . . Appellant argues that the final judgments were improperly entered by the trial court judge and that § 903.27 . . .

UNITED BONDING INSURANCE COMPANY v. STATE, 242 So. 2d 140 (Fla. Dist. Ct. App. 1970)

. . . . § 903.27, F.S.A. . . . S. § 903.27, F.S.A., in 1955 held that under the statute as it existed at that time the trial judge correctly . . . At that time F.S. § 903.27, F.S.A., (1953) provided that the court may discharge the forfeiture if “the . . . Under F.S. § 903.27, F.S.A., the Clerk was authorized to enter judgment only if the forfeiture was not . . .

STATE, DADE COUNTY v. COLLISON,, 35 Fla. Supp. 60 (Dade Cty. Cir. Ct. 1970)

. . . opinion cited is inconclusive and is based upon the recitation in the statute (903.28 F.S. 1957, now 903.27 . . . Such one year limitation no longer exists. 903.27 F.S. 1967, 1969. . . .

CITY OF MIAMI BEACH, a v. BOYDEN a, 232 So. 2d 429 (Fla. Dist. Ct. App. 1970)

. . . of the circuit court and an appropriate judgment thereon was ultimately entered in accordance with § 903.27 . . .

L. A. RAMSEY, v. STATE HEMPHILL,, 225 So. 2d 182 (Fla. Dist. Ct. App. 1969)

. . . . § 903.27, F.S.A. provides that in such cases the prosecuting attorney of the Court in question “shall . . . have been made,” thereby clearly contemplating that such order of forfeiture must be in writing. § 903.27 . . .

C. KEEFE, v. STATE DUNN, v. STATE, 188 So. 2d 868 (Fla. Dist. Ct. App. 1966)

. . . . § 903.27. . . . Therefore, these cases are not governed by F.S.A. § 903.27, as amended in 1961, but are governed by F.S.A . . .

JULIUS GARFINCKEL CO. A. v. COMMISSIONER OF INTERNAL REVENUE,, 335 F.2d 744 (2d Cir. 1964)

. . . in 195(K Its re' turns for the five monthsending duly 31, 1950, showed a net operating loss of |208)903.27 . . .

PUBLIC SERVICE MUTUAL INSURANCE COMPANY, a v. STATE, 135 So. 2d 777 (Fla. Dist. Ct. App. 1961)

. . . Sec. 903.27, F.S.A. This position is untenable, as we will demonstrate. . . .

CROMPTON v. STATE, 78 So. 2d 692 (Fla. 1955)

. . . It is true that under the statute, Section 903.27, Florida Statutes 1953 and F.S.A., the opportunity . . .

INTERNATIONAL SHOE CO. v. PICARD GEISMAR,, 30 F. Supp. 570 (E.D. La. 1939)

. . . One of the plantations (Waterloo, for cane crop) was leased, however, during 1933 for $903.27; also, . . .