The 2023 Florida Statutes (including Special Session C)
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. . . See §§ 903.26, .28, Fla. Stat. (2013). We have jurisdiction, see Fla. R. App. . . . Several days later, the Clerk timely issued a certificate of bond forfeiture. § 903.26(2)(a), Fla. . . .
. . . defendant who willfully and knowingly “fails to appear” in breach of a bond as specified in section 903.26 . . . Section 903.26(2)(b) provides in pertinent part that: Failure of the defendant to appear at the time, . . . See § 903.26(2)(b), (2)(c). . . . .” § 903.26(5)(c). . . . Unlike the pretrial release and bond provisions of rule 3.131 and section 903.26, the speedy trial rule . . .
. . . 13, 2011, which gave Polakoff sixty days, or until November 13, to pay the forfeiture under section 903.26 . . . Second, the surety may file a motion to discharge the forfeiture pursuant to section 903.26(5). . . . . § 903.26(5)(a)-(c), Fla. Stat. (2011); see also § 903.26(6), Fla. . . . While motions to discharge forfeiture are authorized under section 903.26(5), that statute applies to . . . The pertinent time periods contained in section 903.26 were changed from thirty-five days to sixty days . . .
. . . Contrary to section 903.26(8), Florida Statutes (2009), however, the Clerk did not discharge the forfeiture . . . Section 903.26(8) provides, in pertinent part: If the defendant is arrested and returned to the county . . . Pursuant to section 903.26(8), therefore, the Clerk was required “without further order of the court . . . committed by the Clerk: (1) the initial error in failing to discharge the bond as required by section 903.26 . . . In Mike Snapp, the surety initially filed a motion to set aside a forfeiture (pursuant to sections 903.26 . . .
. . . See § 903.26(2)(a), Fla. Stat. (2009). . . . Section 903.26(2)(a) also requires that the forfeiture be paid within sixty days from the date the notice . . .
. . . When the defendant did not appear, section 903.26, Florida Statutes, and the bail bond contract provided . . .
. . . not appear for their arraignment, and the court subsequently forfeited their bond pursuant to section 903.26 . . . Section 903.26, Florida Statutes (2005), states: (1) A bail bond shall not be forfeited unless: (a) The . . . ; second, it relied on section 903.26 in determining that the notice received by the surety was defective . . . It acknowledged that section 903.26 does not contain any specific requirements for the notice to the . . . We do not interpret section 903.26 to find that notice is defective as a matter of law when it fails . . .
. . . state attorney representing Orange County stipulated that all of the conditions set forth in section 903.26 . . . Section 903.26(5)(c), Florida Statutes, provides: The court shall discharge a forfeiture within 60 days . . . Section 903.26(8) provides: If a defendant is arrested and returned to the county of jurisdiction of . . . c) or 903.26(8)—Snapp was entitled to relief under either one. . . . See § 903.26(7), Fla. Stat. . . .
. . . Section 903.26(l)(b), Florida Statutes (1998) requires the clerk of court to give a surety “at least . . .
. . . See § 903.26(l)(b), Fla. Stat. (2003). . . .
. . . Any defendant who willfully and knowingly fails to appear and breaches a bond as specified in section 903.26 . . . Any defendant who willfully and knowingly fails to appear and breaches a bond as specified in section 903.26 . . .
. . . Portions of the 1970 statute dealing with discharge of a forfeiture were moved to section 903.26. . . . Section 903.26(5) “Forfeiture of the Bond; ...” deals with conditions under which a bond forfeiture can . . . But section 903.26(5) also contains a provision similar to those in 903.28: (5) The court shall discharge . . .
. . . As a result, a notice of surety bond estreature was filed pursuant to section 903.26(l)(b), Florida Statutes . . . That same day, A1 Estes Bonding paid the $15,000 bond pursuant to section 903.26 in order to avoid the . . . Accordingly, we conclude that an order denying a motion to set aside an estreature under section 903.26 . . . See § 903.26(6). None of those grounds apply here. It may be that Mr. . . . See § 903.26(1), Fla. Stat. (2002). The common law referred to "estreature” of a bond. . . .
. . . been jailed or imprisoned in another state, we suggest the legislature clarify the language in section 903.26 . . .
. . . The trial court issued an Order Estreating Bond pursuant to section 903.26(2)(b), Florida Statutes (2001 . . . Section 903.26, Florida Statutes, directs the court’s conduct with regard to bond forfeitures. . . . Section 903.26 states in relevant part: (1) A bail bond shall not be forfeited unless: (a) The information . . . Sureties allege that the notice of court date sent pursuant to section 903.26(l)(b) was not sufficient . . . the clerk of court failed to give the surety the required seventy-two hour notice pursuant to section 903.26 . . .
. . . The criminal division judge found that the notice requirements of section 903.26, Florida Statutes, had . . . This Court finds that the mandates of Florida Statute 903.26 were not properly met by this Court’s order . . . Section 903.26 provides: (1) A bail bond shall not be forfeited unless: (a) The information, indictment . . . An order vacating or setting aside a forfeiture entered in violation of section 903.26(l)(b) is usually . . . 903.31 to encompass an order vacating and setting aside a forfeiture for noncompliance with section 903.26 . . .
. . . .” § 903.26(2)(a). . . .
. . . In accord with section 903.26(2)(a), Florida Statutes, the bonds were forfeited. . . . the accused to appear at the time, date and place required shall result in forfeiture of the bond. § 903.26 . . . On appeal, the Third District reversed the trial court’s order, holding that pursuant to section 903.26 . . . decided on appeal, the county (or municipality), as the beneficiary of the forfeited bond proceeds (§ 903.26 . . .
. . . Accredited moved to set aside the bond forfeiture pursuant to section 903.26, Florida Statutes (1999) . . .
. . . As section 903.26(2)(b), Florida Statutes (2000), provides, “[fjailure of the defendant to appear at . . .
. . . .” § 903.26(8), Fla. Stat. (1999). . . . defendant’s arrest and a request for the clerk to set aside the bond forfeiture pursuant to section 903.26 . . . Easy and the County agree that under section 903.26(8) a bail bondsman is responsible for the payment . . . Similarly, section 903.26(8) prohibits the clerk from discharging a forfeiture prior to judgment unless . . . Section 903.26(8) states: If the defendant is arrested and returned to the county of jurisdiction of . . .
. . . who previously had willfully and knowingly failed to appear and breached a bond as specified in s. 903.26 . . . and any defendant who willfully and knowingly failed to appear and breached a bond as specified in s. 903.26 . . . Any defendant who willfully and knowingly fails to appear and breaches a bond as specified in section 903.26 . . . Any defendant who willfully and knowingly fails to appear and breaches a bond as specified in section 903.26 . . .
. . . Subject to the payment of transportation costs, Dolly moved for discharge of the forfeiture under section 903.26 . . . Section 903.26(5), as amended in 1999, provides in part that “[t]he court shall discharge a forfeiture . . . court’s decision in Pinellas was controlling, in part arguing that the failure to reference section 903.26 . . . been jailed or imprisoned in another state, we suggest the legislature clarify the language in section 903.26 . . .
. . . . § 903.26(5), Fla. Stat. (1997); County Bonding Agency v. State, 724 So.2d 131 (Fla. 3d DCA 1998). . . . provided by the 1997 version of the statute was extended to 60 days by a 1999 amendment to section 903.26 . . .
. . . Insurance Company, Motion to Set Aside the Bail Bond Estreature because the notice requirements of section 903.26 . . . arguing that the surety had not received notice of the continued hearing date, as required by section 903.26 . . . Section 903.26(l)(b) requires the clerk of the court to provide the surety with “at least 72 hours’ notice . . .
. . . See § 903.26(2)(b), Fla. Stat. (1995). . . . See id. § 903.26(2)(a),(b). . . . Id. § 903.26(5)(e). . . . See id. §§ 903.26(2)(a),(b), 903.27(1). . . . In sum, the thirty-five-day time period of section 903.26 cannot be extended. . . .
. . . who previously had willfully and knowingly failed to appear and breached a bond as specified in s. 903.26 . . . and any defendant who willfully and knowingly failed to appear and breached a bond as specified in s. 903.26 . . .
. . . . § 903.26. . . .
. . . . § 903.26(2)(a), Fla. Stat. (1995). . . .
. . . surety or someone other than the defendant under sections 903.16 and 903.17 is governed by section 903.26 . . . Subsection (l)(b) of section 903.26 clearly specifies that the clerk must give the surety at least 72 . . .
. . . In accordance with section 903.26, Florida Statutes (1991), Polakoff was notified that the surety bonds . . .
. . . defendant who willfully and knowingly fails to appear and breaches a bond as specified in Ssection 903.26 . . . defendant who willfully and knowingly fails to appear and breaches a bond as specified in Ssection 903.26 . . .
. . . behalf of Accredited and Gillion, then applied for discharge of the forfeiture pursuant to section 903.26 . . . GOSHORN and HARRIS, JJ., concur. . § 903.26(2)(b), Fla.Stat. (1989). . . . . Section 903.26(5)(c) provides: 903.26 Forfeiture of the bond; when and how directed; discharge; how and . . .
. . . The applicable statutory provision is section 903.26(l)(b), Florida Statutes (1989), which specifically . . . The notice requirements of 903.26(l)(b) are a strict prerequisite to a bond forfeiture. . . . While failure to provide notice pursuant to section 903.26(l)(b) does entitle a surety to have a bond . . .
. . . which the surety can benefit from the late surrender of a defendant are those specified in subsection 903.26 . . . American Bankers concedes that sections 903.26 and 903.28 are unavailable to it, but argues that relief . . . In view of the very detailed enactments pertaining to belated surrender which are found in sections 903.26 . . .
. . . State, 92 So.2d 264 (Fla.1957); § 903.26(2)(b), Fla.Stat. (1987). Certiorari denied. . . .
. . . No notice was given the surety of the defendant’s original trial date as required by section 903.26(l . . . evidence that the State’s conduct' in failing to comply with the statutory notice requirements of section 903.26 . . .
. . . decided on appeal, the county (or municipality), as the beneficiary of the forfeited bond proceeds (§§ 903.26 . . .
. . . See § 903.26(7), Fla.Stat. (1985). In Weaver v. . . .
. . . Under subsections 903.26(4)(a) & (b), upon forfeiture of a bond, the bond and any affidavits are transmitted . . .
. . . court to give it notice of the nonappearance of the accused and consequent forfeiture, as required by § 903.26 . . . It argues only that had it received timely § 903.26(2) notice of the accused’s nonappearance at trial . . . In Allied Fidelity it was specifically held that the § 903.26(2) requirement that post-forfeiture notice . . . is the crux of a defense to a forfeiture action on grounds of the state’s failure to comply with § 903.26 . . .
. . . presents the following issues for our consideration: (1) whether the statutory notice required by Section 903.26 . . . The portion of Section 903.26, Florida Statutes, pertinent to this case provides as follows: (1) A bail . . . While Section 903.26(l)(b) requires that a surety receive at least 72-hours notice before a bail bond . . . We therefore feel it is necessary to take an extra step in this case and clarify that Section 903.26( . . . These reasons are found in Section 903.26(5): (5) The court may discharge a forfeiture within 30 days . . .
. . . See § 903.26(l)(b), Fla.Stat.; State v. . . .
. . . This is contrary to the provisions of section 903.26(5)(c), Florida Statutes, and the purpose of chapter . . . discretion unless the trial court can articulate some further reason for denying discharge in this case. § 903.26 . . .
. . . The surety moved to vacate the forfeiture pursuant to section 903.26(5)(c), and the court conditioned . . .
. . . The merits of this appeal require a construction of section 903.26(l)(b), Florida Statutes (1983), which . . . provides: 903.26. . . . State, 225 So.2d 182 (Fla. 2d DCA 1969), which stated: F.S. § 903.26, F.S.A. provides that before a bail . . . While § 903.26 does not specifically say how the notice shall be given, the implication is irresistible . . . Accordingly, we hold that the notice provisions of section 903.26(l)(b) do not apply to continuances . . .
. . . convicted, has not “thwarted the proper prosecution of the defendant” as that term is used in sections 903.26 . . .
. . . These are found in Section 903.26(5): (5) The court may discharge a forfeiture within 30 days upon: ( . . .
. . . not receive timely notice that the defendant was to appear January 5, 1977, as required by section 903.26 . . . In 1977, section 903.26(2), Florida Statutes (1977), was amended by adding the requirement that, when . . . , whereas the failure to give notice of estreature, required by section 903.26(2) is not, citing Allied . . . Since the notice required by section 903.26(l)(b) had been timely given, Ramsey v. . . . (l)(b), rather than section 903.26(2). . . .
. . . Any defendant who willfully and knowingly fails to appear and breaches a bond as specified in Section 903.26 . . . Any defendant who willfully and knowingly fails to appear and breaches a bond as specified in Section 903.26 . . .
. . . 903.27(1), nor that appellants have surely abandoned remedies available in circuit court under section 903.26 . . .
. . . . § 903.26(1), Fla.Stat. (1981). . § 903.26(2), Fla.Stat. (1981). . § 903.26(2), Fla.Stat. (1981). . . . . See § 903.26(5), Fla.Stat. (1981). . § 903.27(1), Fla.Stat. (1981). . § 903.27(2), Fla.Stat. (1981). . . .
. . . notices to the surety were not given within seventy-two hours of the forfeitures pursuant to Section 903.26 . . . In each case, after due notice to Allied of a required appearance by the defendant, see § 903.26(l)(b . . . of Chapter 903 relating to bail convinces us that the provision for notice to the surety in Section 903.26 . . . Under Section 903.26, the surety is provided with two separate and distinct notices: the first is a notice . . . to produce the defendant at a time and place certain, see Section 903.26(l)(b), note 1, supra; the second . . .
. . . that there was no breach of the bond in that the State had not complied with the provisions of Section 903.26 . . . In pertinent part, Section 903.26 provides that: (1) A bail bond shall not be forfeited unless: * * * . . . Construing Section 903.26(l)(b) strictly, as we are constrained to do, we hold the notice is both untimely . . .
. . . . § 903.26(l)(b), Fla.Stat. (1979). . . .
. . . forfeiture, and that the trial judge erred in refusing to set aside the judgment, relying on section 903.26 . . . UP-CHURCH, J., concur. . § 903.26(2), Fla.Stat. (1977): If there is a breach of the bond, the court shall . . .
. . . It requires interpretation of the 1977 amendment to § 903.26(2), which added the following italicized . . . Subsection (l)(b) of § 903.26 provides that a bail bond shall not be forfeited in the absence of 72 hour . . . this court would follow the stringent interpretation of the pre-for-feiture notice requirement of § 903.26 . . .
. . . Section 903.26(l)(a) states that no bond shall be forfeited unless the information, indictment, or affidavit . . .
. . . to cancel a bail bond after having set aside a prior forfeiture for failure to comply with Section 903.26 . . . had not been notified in writing within seventy-two hours after the forfeiture pursuant to Section 903.26 . . . The pertinent statutes which must be considered are set forth below: 903.26 Forfeiture of the bond; when . . . Surely one purpose of Section 903.26(2) is to insure that the bondsman and the surety company will receive . . . , we hold that the court could properly set aside the forfeiture for failure to comply with Section 903.26 . . .
. . . Section 903.26, Florida Statutes; Resolute Insurance Company v. . . .
. . . The defendant acted in accordance with Section 903.26(5)(d), Florida Statutes (1977), in the surrender . . .
. . . surety was directed to produce Flint for arraignment on March 10, 1975, in accordance'with Section 903.26 . . . See Section 903.26(l)(b), Florida Statutes (1973). . . . on March 10 to produce Flint for arraignment on April 7 satisfied the notice requirement of Section 903.26 . . . Section 903.26(l)(b), Florida Statutes (1973), is silent with respect to the form of notice required . . . State, 225 So.2d 182 (Fla.2d DCA 1969), that the notice under Section 903.26 must be in writing is misplaced . . .
. . . entered against him and his surety, Public Service Mutual Insurance Company, defendant-appellee herein [§ 903.26 . . . This action was ineffectual because it was not timely, § 903.26(5) (d), Fla.Stat. . . .
. . . Florida Statutes, Section 903.26, provides, in pertinent part, as follows: (1) A bail bond shall not . . .
. . . Section 903.26 Fla.Stat., F.S.A. authorizes forfeiture of bail bonds in designated circumstances. . . .
. . . The bond was forfeited by the court (§ 903.26(2) Fla.Stat., F.S.A.), and certification thereof was filed . . . and recorded in the office of the Clerk of the Circuit Court on August 24, 1973 (§ 903.26(4) (a) Fla.Stat . . . That action of the court was ineffectual because untimely. § 903.26(5) (d) Fla.Stat, F.S.A; South American . . .
. . . and holidays, prior to the time that defendant-principal was to appear as required by Florida Statute 903.26 . . . doubtful that appellant received the requisite seventy-two hour notice as required by Florida Statute 903.26 . . . This Court has previously held that Florida Statute 903.26(1) (b) requires that the surety-bail bondsman . . .
. . . Florida Statute 903.26 (1969), F.S.A., provides, inter alia: “(1) Before a bail undertaking is forfeited . . . Florida Statute 903.26(6) (1969), F.S.A. . Florida Statute 903.28 (1969), F.S.A. . . .
. . . . § 903.26, F.S.A. . . .
. . . Florida Statute 903.26(1) (b), F. . . . State, 47 So.2d 693 (Fla.1950), we must presume that in the enactment of Section 903.26(1) (b), supra . . . State, 225 So.2d 182 (Fla.App.2d 1969), that notice under F.S. 903.26(1) (b), F.S.A., be in writing. . . .
. . . Florida Statutes, § 903.26(5)(a), F.S.A., provides that a court that has entered an order of forfeiture . . .
. . . The judge of said court thereupon, ordered said bond forfeited under § 903.26, Fla.Stat., F.S.A. . . . should have been granted when no notice was given nor received by the appellant as provided for by § 903.26 . . . Florida Statutes, § 903.26 provides, inter alia : “(1) A bail bond shall not be forfeited unless: *** . . .
. . . . § 903.26(6), F.S.A., (1969) and involves discharge of the entire forfeiture although the surety may . . .
. . . appearance on said date, the trial judge ordered his bond estreated and, pursuant to the provisions of § 903.26 . . .
. . . . §§ 903.26 to 903.36, F.S.A. inclusive. . . . . § 903.26, F.S.A. provides that before a bail bond may be forfeited the bondsman or surety must be “ . . . While § 903.26 does not specifically say how the notice shall be given, the implication is irresistible . . . Also, § 903.26(6) provides that within sixty days after the date of forfeiture, the Court “shall direct . . . This process of surrendering the defendant, even after forfeiture, is affirmatively recognized by § 903.26 . . .
. . . Sec. 903.26, Fla.Stats., F.S.A. . . .
. . . Section 903.26, Florida Statutes, F.S.A. . . . of the problems presented to us is due to a failure to observe cautiously the provisions of Sections 903.26 . . . The order for the forfeiture under Section 903.26, Florida Statutes, F.S.A., is merely a preliminary . . .
. . . entered in favor of the State of Florida in an appearance bond forfeiture proceeding under Section 903.26 . . .