The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Palmetto moved to set aside the forfeiture pursuant to section 903.28(2), contending that it had maintained . . . In pertinent part, section 903.28(2) states that: (2) If the defendant surrenders or is apprehended within . . . See § 903.28(8). . . . Section 903.28(8) requires that: An application for remission must be accompanied by affidavits setting . . .
. . . First, the surety may timely pay the forfeiture amount and seek remission under section 903.28. . . . Here, Polakoff did not file a motion for remission pursuant to section 903.28(1) or a motion to set aside . . . See § 903.28(2)-(6), Fla. Stat. (2011). . . . See § 903.28(8), Fla. Stat. (2011). . . . . § 903.28(10), Fla. Stat. (2011). . . .
. . . Accordingly, the Surety concludes, it is entitled to a full remission of both bonds under section 903.28 . . . Alternatively, the Surety argues that it is entitled to a partial remission of the forfeitures under section 903.28 . . . Section 903.28(10) provides: "The clerk of the circuit court is the real party in interest for all appeals . . .
. . . Snapp, the surety initially filed a motion to set aside a forfeiture (pursuant to sections 903.26 and 903.28 . . .
. . . defendant prior to expiration of the time limitation for remission of a forfeited bond under section 903.28 . . . The majority interprets section 903.28(6) to mean that when a defendant dies, so too does the surety’ . . . a defendant is an act of God that renders the surety’s compliance with the requirements of section 903.28 . . . Based on section 903.28(6), Florida Statutes, the court rendered an order remitting 50 percent of the . . . Therefore, it was entitled to seek remission under section 903.28(6) and the bail bond contract. . . . encourage sureties to pursue and apprehend absconding defendants, even after a bond forfeiture, section 903.28 . . . : The remission of a forfeiture may not be ordered for any reason other than as specified herein. § 903.28 . . . To date, it appears that Florida courts have recognized only one exception to section 903.28(7); to wit . . . Section 903.28(2) — (6). . . . . Section 903.28(6), Florida Statutes (2005) provides: (6) If the defendant surrenders or is apprehended . . .
. . . Because remission was improperly ordered pursuant to section 903.28, Florida Statutes (2005), we reverse . . . Pursuant to section 903.28, before a court can order remission of a bond, it must determine that there . . . Florida addressing the remission of a bond forfeiture after the death of the defendant and section 903.28 . . . trial court erred in directing remission of the surety bonds where such was not authorized by section 903.28 . . . Although this case is controlled by section 903.28, several cases from other states have held that a . . .
. . . See § 903.28, Fla. Stat. (1999). . . . action that awarded immediate possession of these remission proceeds to Accredited pursuant to section 903.28 . . .
. . . I respectfully dissent because I think that the language of section 903.28(4), the remission statute, . . . Section 903.28, Florida Statutes, deals with remission of forfeiture of bail bonds. . . . Section 903.28(4) provides: If the defendant surrenders or is apprehended within 270 days after forfei . . . (emphasis added) Section 903.28(6) has identical language except the time limit is two years and the . . . Section 903.28 should have a consistent interpretation. . . . Bonding Agency’s (Barber) motion for remission of 90% of its forfeited bail bond, pursuant to section 903.28 . . . Section 903.28, Florida Statutes, deals with remission of forfeited bail bonds. . . . Section 903.28(4) provides: If the defendant surrenders or is apprehended within 270 days after forfeiture . . . (Emphasis added) Section 903.28(6) has identical language except the time limit is two years and the . . . Orange County, 798 So.2d 837 (Fla. 5th DCA 2001) provides precedent for the view that section 903.28 . . .
. . . In May 2002, Surety filed a Motion for Remission pursuant to section 903.28(2), Florida Statutes (2002 . . . Pursuant to section 903.28, certain conditions precedent must be met before a court is authorized to . . . Surety argues that it met its burden under section 903.28, by locating the defendant and attempting to . . . Section 903.28(2), Florida Statutes (2002), states as follows: (2) If the defendant surrenders or is . . .
. . . Accredited Surety apparently had the right to recover the bond proceeds from the state pursuant to section 903.28 . . .
. . . Because remission was improperly ordered pursuant to section 903.28, Florida Statutes (1999), we reverse . . . statutory remedy that “may not be ordered for any reason other than as specified” in the statute. § 903.28 . . . First, there must have been no breach of the bond, § 903.28(1), and, second, the surety must have apprehended . . . have “substantially attempted to procure or cause the apprehension or surrender” of the defendant, § 903.28 . . .
. . . Approximately one year later, Continental, pursuant to section 903.28, filed its motion for remission . . . However, section 903.28 provides for remission of a forfeited bond and states in pertinent part: If the . . . Assuming no prejudice to the prosecution on account of the delay, see [section 903.28], the surety would . . . The purpose of section 903.28 is to create a financial incentive for sureties to locate and apprehend . . . The current text of section 903.28 came into the statute in 1982, see ch. 82-175, § 60, Laws of Fla., . . .
. . . Fla. 1994)(“a judgment must be entered before the conditions of an appearance bond are satisfied”); § 903.28 . . .
. . . Further, section 903.28(2), Florida Statutes (1999), states that the trial court may remit a forfeiture . . . See also § 903.28(3), (4), (5), (6), Fla. Stat. (1999). . . . means that the legislature did not intend to limit the costs allowed by sections 903.26 and 903.28 to . . . The language of the 1979 version of section 903.28(2), Florida Statutes, at issue in Accredited Surety . . . condition of payment of costs unless the ground for remission is that there was no breach of the bond." § 903.28 . . .
. . . This strict deadline is ameliorated, however, by the remission statute, section 903.28. . . . Section 903.28 “establishes a method that the bondsman can use to receive what is in effect a two-year . . . Section 903.28 allows remission of forfeiture if, among other things, “the apprehension or surrender . . . The purpose of section 903.28 is to create a financial incentive for sureties to locate and apprehend . . . The current text of section 903.28 came into the statute in 1982, see ch. 82-175, § 60, Laws of Fla., . . .
. . . following entry of the judgment and thus were precluded from obtaining remission pursuant to section 903.28 . . . In the instant ease, section 903.28, Florida Statutes was not available to Mann and Severson because . . . So.2d 378 (Fla. 5th DCA 1982), adopted the analysis of the Third District to the extent that section 903.28 . . .
. . . directions to order remittance of forfeiture in an amount allowed under the express terms of section 903.28 . . . The specific authority governing remission of forfeiture here is section 903.28, Florida Statutes (1993 . . . “The remission of a forfeiture may not be ordered for any reason other than as specified herein.” § 903.28 . . . percent forfeiture where a defendant surrenders or is apprehended “within 90 days after forfeiture.” § 903.28 . . .
. . . Co., Inc. v State, 418 So.2d 378 (Fla. 5th DCA 1982) construing § 903.28 Fla. . . .
. . . ordered remission of seventy-five percent of the amount of the appearance bond pursuant to section 903.28 . . . Section 903.28 of the Florida Statutes authorizes the remission of forfeiture: 903.28 Remission of forfeiture . . . We note that in this case the trial court did not proceed under section 903.28(2) regarding the amount . . .
. . . Florida Statutes (1987) (surrender or arrest of defendant within 35 days after forfeiture), and section 903.28 . . . American Bankers concedes that sections 903.26 and 903.28 are unavailable to it, but argues that relief . . . See §§ 903.-26(5)(c), 903.28, Fla.Stat. (1987). . . . to surrender; if section 903.28 were applicable to the present case, it would limit the recovery to . . . 95 percent of the forfeiture amount. § 903.28(3), Fla.Stat. (1987). . . .
. . . The authority of the trial court to order a remission is derived from section 903.28, Florida Statutes . . . The trial court incorrectly invoked the provisions of section 903.28 on behalf of the surety where section . . .
. . . When the surety applied for remission of the two forfeitures pursuant to section 903.28(2), Florida Statutes . . . Section 903.28(2), Florida Statutes (Supp. 1986), the applicable statute in this case, provides: (2) . . .
. . . Neither the State Attorney nor the Attc. ney General represents the county (or municipality); section 903.28 . . . American’s argument, it lost its chance to seek remission of the forfeiture of the bonds under section 903.28 . . .
. . . the bondsman appealed from an order denying a motion for remission of forfeiture pursuant to section 903.28 . . .
. . . entertain the application for remission not made “within one year from forfeiture,” as required by Section 903.28 . . .
. . . chapter 82-175, Laws of Florida, the legislature made extensive revisions to sections 903.26, 903.27, 903.28 . . .
. . . This matter is dismissed without prejudice to file an application for remission pursuant to Section 903.28 . . .
. . . Since the bail bond in question was written prior to October 1, 1982, the amendments to Sec. 903.28 which . . . Under the thus-controlling prior version of the statute, Sec. 903.28, Fla.Stat. (1981), the trial court . . .
. . . On November 16, 1981 appellant filed a motion for remission of forefeiture pursuant to section 903.28 . . . the pendency of such motion the court may stay execution on judgment or other process. and section 903.28 . . . that the effect of vacating the judgment was to reinstate the appellant’s right pursuant to section 903.28 . . . Subsection 903.28(1) states in part “if the surety apprehends and surrenders the defendant within 1 year . . . Appellant construes “costs” in section 903.28(2) to mean the costs incurred as a result of the failure . . .
. . . . § 903.28(1), Fla.Stat. (1981). . Allied Fidelity Insurance Co. v. . . .
. . . See § 903.28(1), Fla.Stat. (1979); Resolute Insurance Co. v. . . .
. . . for the tubing ($4,873.18), the freight charges Contempo had paid ETMF for delivering the tubing ($903.28 . . .
. . . an appeal from a final order denying a motion for remission of forfeiture filed pursuant to Section 903.28 . . .
. . . See Section 903.28, Florida Statutes (1977); and Allied Bond Agency, Inc. v. . . .
. . . to take the defendant into custody could constitute good cause to remit the forfeiture under Section 903.28 . . .
. . . bondsman went to the court to have the forfeited bond remitted this was denied even though Section 903.28 . . . thwarts prosecution but we cannot say every disappearance thwarts prosecution or the statute, Section 903.28 . . .
. . . bond was forfeited, the surety was not entitled to a remission of the forfeiture pursuant to Section 903.28 . . . estreated, it was an invalid estreature and, as such, the one year time limitation embodied within Section 903.28 . . . ), thereby validating the forfeiture of the bond and making the one year time limitation of Section 903.28 . . .
. . . This is an appeal from an order denying remission of bond petitioned for under Section 903.28, Florida . . . apprehend and surrender the defendant within one year, therefore under the first sentence in Section 903.28 . . .
. . . Florida Statute 903.28 (1969), F.S.A. . . .
. . . Thereafter, acting pursuant to § 903.28 provides “[o]n application within one year from forfeiture, the . . . motion upon the ground that he was without jurisdiction to order a remission under the provisions of § 903.28 . . . We are therefore presented with a clear question as to whether or not these two sections (903.27 and 903.28 . . . Section 903.28 presently reads as follows : “903.28 Remission of forfeiture; conditions.— “(1) Within . . . Section 903.28, the remission of forfeiture section, would ordinarily have been applied in the trial . . .
. . . . § 903.28, F.S.A., which reads: “After the payment of the forfeiture the court before which the case . . . Unlike the statute involved in the Crompton case, F.S. § 903.28, F.S.A., (1969) comes into play after . . .
. . . The opinion cited is inconclusive and is based upon the recitation in the statute (903.28 F.S. 1957, . . .
. . . . § 903.28, F.S.A. provides that after the forfeiture, and even after the same has been paid, if the . . .
. . . they are citations from other jurisdictions which may not have a statute similar to Florida Statute 903.28 . . .
. . . Sec. 903.28, Fla.Stats, F.S.A. . . .
. . . Sections 903.25 through 903.28, Florida Statutes 1963, F.S.A., prescribe a period of time during which . . . remission when the forfeiture has been reduced to judgment; but this provision is subject to Section 903.28 . . .
. . . Section 903.28, Fla.Stat., F.S.A. . . .
. . . See Section 903.28, Florida Statutes, F.S. ,A. . . . Section 903.28, Florida Statutes, F.S.A. . . .
. . . We here consider the constitutionality vel non of Section 903.28, Fla.Stat.1953, F.S.A., providing for . . .
. . . property was $8,669.07 and the total receipts from the sale thereof in 1920, including accrued rents of $903.28 . . .