Bond Forfeiture in Florida Criminal Proceedings
Bond forfeiture occurs when a Florida criminal defendant fails to appear in court, triggering a process that can result in the surety paying the full bond amount to the court under Section 903.26.
Forfeiture Process
Upon the defendant's failure to appear, the court issues a forfeiture notice. The surety has 60 days to locate and surrender the defendant. If the defendant is produced within this period, the forfeiture is discharged. If not, the court enters a judgment for the full bond amount against the surety.
Setting Aside Forfeiture
Florida courts can set aside forfeitures for excusable absence (hospitalization, incarceration elsewhere), timely surrender of the defendant, or other good cause shown by the surety. The determination is within the court's discretion, and the surety bears the burden of demonstrating grounds for relief.
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC