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Florida Statute 903.31 | Lawyer Caselaw & Research
F.S. 903.31 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 903.31

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 903
BAIL
View Entire Chapter
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.

F.S. 903.31 on Google Scholar

F.S. 903.31 on Casetext

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 from cite.case.law:

C. FORMAN, v. TAY,, 180 So. 3d 1221 (Fla. Dist. Ct. App. 2015)

. . . Because the trial court properly interpreted the language of section 903.31(1), Florida Statutes (2014 . . . Surety moved to set aside the bond forfeiture and to exonerate the bond, arguing that under section 903.31 . . . Analysis Section 903.31(1) states: Within 10 business days after the conditions of a bond have been satisfied . . . This construction of section 903.31 is consistent with the “[Iliberal interpretation of such statutes . . .

AMERICAN BANKERS INSURANCE COMPANY, v. STATE f u b o OSCEOLA COUNTY CLERK,, 45 So. 3d 540 (Fla. Dist. Ct. App. 2010)

. . . See § 903.31(2), Fla. . . .

ELLIS v. HUNTER,, 3 So. 3d 373 (Fla. Dist. Ct. App. 2009)

. . . the bond is section 903.286, Florida Statutes, which provides: Notwithstanding the provisions of s. 903.31 . . .

ALLEGHENY CASUALTY COMPANY, v. ROCHE SURETY, INC., 885 So. 2d 1016 (Fla. Dist. Ct. App. 2004)

. . . First, section 903.31(1) affects substantive rights because it affects the counties’ rights in forfeitable . . .

BUSH, v. INTERNATIONAL FIDELITY INS. CO., 834 So. 2d 212 (Fla. Dist. Ct. App. 2002)

. . . The provisions of section 903.31 stating that the bond shall be can-celled when the forfeiture is discharged . . . We do not construe the phrase “forfeiture discharged or remitted” in section 903.31 to encompass an order . . .

BROWARD COUNTY, v. B B BAIL BONDS,, 790 So. 2d 1224 (Fla. Dist. Ct. App. 2001)

. . . Section 903.31(1), Florida Statutes (2000), provides that “[a]n adjudication of guilt or innocence of . . . By its terms, section 903.31(1) does not apply to this case because the bond was forfeited as a result . . .

ROSENBERG BAIL BONDS, v. ORANGE COUNTY,, 663 So. 2d 1389 (Fla. Dist. Ct. App. 1995)

. . . Rosenberg claims that his responsibility was discharged pursuant to section 903.31, Florida Statutes . . . (1993): 903.31 Cancelling the bond. . . . The 1970 version of section 903.31 read as follows: When the conditions of a bond have been satisfied . . . Perhaps in response to Accredited Surety, in 1980 the legislature inartfully amended section 903.31 as . . . We hold that section 903.31 reheves a surety’s obligation upon a defendant’s admission to a pretrial . . .

H. MINASIAN, v. STATE, 655 So. 2d 1143 (Fla. Dist. Ct. App. 1995)

. . . Section 903.31 requires that a bond be cancelled within 10 business days after all conditions have been . . .

POLAKOFF BAIL BONDS, v. ORANGE COUNTY,, 634 So. 2d 1083 (Fla. 1994)

. . . Court of Appeal certified the following question as being of great public importance: UNDER SECTION 903.31 . . . The Fifth-District .affirmed, rejecting Pola-koffs contention that under section 903.31 and the terms . . . Polakoff first argues that according to the plain meaning of section 903.31, Florida Statutes (1991), . . . However, we disagree with Pola-koffs reading of section 903.31. . . . The second sentence of section 903.31 makes clear that the conditions of the bond shall be satisfied . . .

POLAKOFF BAIL BONDS, v. ORANGE COUNTY,, 617 So. 2d 378 (Fla. Dist. Ct. App. 1993)

. . . Appellants contend that under section 903.31, Florida Statutes (1991), and under the terms of the appearance . . . a matter of great public importance, a similar question to the Florida Supreme Court: UNDER SECTION 903.31 . . . Section 903.31 provides: Within 10 business days after the conditions of a bond have been satisfied or . . . attendance at educational or rehabilitation facilities the court otherwise provides in the judgment. § 903.31 . . .

AAA BAIL BONDS, INC. v. STATE, 611 So. 2d 612 (Fla. Dist. Ct. App. 1993)

. . . This single issue appeal poses the question whether, under section 903.31, Florida Statutes (1989), the . . . The Battles court explained its holding as follows: In 1986 the legislature amended § 903.31 to provide . . . State, 410 So.2d 627 (Fla. 2d DCA 1982) ] retain their vitality under the current version of § 903.31 . . .

I. BATTLES, d b a v. STATE, 595 So. 2d 183 (Fla. Dist. Ct. App. 1992)

. . . provision relied upon by Battles, as amended by the Chapter 86-151, Laws of Florida, reads as follows: 903.31 . . . In 1986 the legislature amended § 903.31 to provide that the original appearance bond shall not be construed . . . that Accredited Surety and American Druggists’ retain their vitality under the current version of § 903.31 . . . We therefore certify the following question to the Florida Supreme Court: UNDER SECTION 903.31, FLORIDA . . . Section 903.31, Florida Statutes (Supp.1986), clearly states “original appearance bonds shall not be . . .

STATE v. M. FISHER,, 578 So. 2d 746 (Fla. Dist. Ct. App. 1991)

. . . .2d 554 (Fla. 1st DCA 1975), had been rendered inapplicable by amendments in 1980 and 1986 to section 903.31 . . . both American Druggists’ and Accredited Surety are both still applicable interpretations of section 903.31 . . . motion for rehearing, the bond estreature was set aside by the trial judge who determined that section 903.31 . . .

ACCREDITED SURETY CASUALTY CO. v. PUTNAM COUNTY,, 561 So. 2d 1243 (Fla. Dist. Ct. App. 1990)

. . . See § 903.31, Fla.Stat. (1989). . . .

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

. . . .-26(l)(b), Florida Statutes (1979), operated as a matter of law, by virtue of section 903.31, to cancel . . . In addition to the above provisions, section 903.31, Florida Statutes (1979), which was in effect in . . . This argument is based primarily on the language in section 903.31 providing that when a forfeiture has . . . However, because Resolute I expressly declined to reach the applicability and meaning of section 903.31 . . . and neither Bailey nor Caivano discusses section 903.31 or gives any reason for ordering that the bond . . .

AMERICAN DRUGGISTS INSURANCE COMPANY, v. STATE, 410 So. 2d 627 (Fla. Dist. Ct. App. 1982)

. . . At the time of the proceedings below, section 903.31, Florida Statutes (1979), read as follows: When . . . satisfaction of all bond conditions or restrictions other than those specifically approved in section 903.31 . . .

ALLEGHENY MUTUAL INSURANCE CO. v. STATE, 376 So. 2d 290 (Fla. Dist. Ct. App. 1979)

. . . enforced by forfeiting the bond, the condition of the bond is satisfied within the contemplation of 903.31 . . .

P. WEAVER, v. STATE, 370 So. 2d 1236 (Fla. Dist. Ct. App. 1979)

. . . Appellant moved for rehearing upon the ground that Section 903.31, Florida Statutes (1977), mandated . . . The forfeiture shall be paid within 30 days. 903.31 Canceling the bond. . . . to a discharge or remission of the forfeiture which required the bond to be canceled under Section 903.31 . . .

ACCREDITED SURETY AND CASUALTY COMPANY, INC. v. STATE, 318 So. 2d 554 (Fla. Dist. Ct. App. 1975)

. . . Appellant points out that § 903.31, Florida Statutes, sets forth the conditions under which an order . . . conviction necessarily includes an adjudication of guilt, the appellant contends that as used in § 903.31 . . . Reverting back to the intent of § 903.31, supra, as to the meaning of the term “conviction” in the context . . .

RESOLUTE INSURANCE COMPANY, a v. STATE DADE COUNTY,, 269 So. 2d 770 (Fla. Dist. Ct. App. 1972)

. . . order vacating judgment and order of dismissal resulted in the cancelling of the bond pursuant to § 903.31 . . .

BOEING, Jr. R. As W. E. v. UNITED STATES, 168 F. Supp. 762 (Ct. Cl. 1958)

. . . At the time of the transfer $164,-903.31 had been expended in developing the Blue Ridge tract, exclusive . . . At the time the Blue Ridge Land Company had terminated its operations in 1932, $164,-903.31 had been . . .

STATE v. MAXIE, 66 So. 2d 670 (Fla. 1953)

. . . the movant was entitled to some form of relief, either under the provisions of sections 903.30 and 903.31 . . .