Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 903.26 | Lawyer Caselaw & Research
F.S. 903.26 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 903.26

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 903
BAIL
View Entire Chapter
F.S. 903.26
903.26 Forfeiture of the bond; when and how directed; discharge; how and when made; effect of payment.
(1) A bail bond shall not be forfeited unless:
(a) The information, indictment, or affidavit was filed within 6 months from the date of arrest, and
(b) The clerk of court gave the surety at least 72 hours’ notice, exclusive of Saturdays, Sundays, and holidays, before the time of the required appearance of the defendant. Notice shall not be necessary if the time for appearance is within 72 hours from the time of arrest, or if the time is stated on the bond. Such notice may be mailed or electronically transmitted.
(2)(a) If there is a failure of the defendant to appear as required, the court shall declare the bond and any bonds or money deposited as bail forfeited. The clerk of the court shall mail or electronically transmit a notice to the surety agent and surety company within 5 days after the forfeiture. A certificate signed by the clerk of the court or the clerk’s designee, certifying that the notice required herein was mailed or electronically transmitted on a specified date and accompanied by a copy of the required notice, shall constitute sufficient proof that such mailing or electronic transmission was properly accomplished as indicated therein. If such mailing or electronic transmission was properly accomplished as evidenced by such certificate, the failure of the surety agent, of a company, or of a defendant to receive such notice shall not constitute a defense to such forfeiture and shall not be grounds for discharge, remission, reduction, set aside, or continuance of such forfeiture. The forfeiture shall be paid within 60 days after the date the notice was mailed or electronically transmitted.
(b) Failure of the defendant to appear at the time, date, and place of required appearance shall result in forfeiture of the bond. Such forfeiture shall be automatically entered by the clerk upon such failure to appear, and the clerk shall follow the procedures in paragraph (a). However, the court may determine, in its discretion, in the interest of justice, that an appearance by the defendant on the same day as required does not warrant forfeiture of the bond; and the court may direct the clerk to set aside any such forfeiture which may have been entered. Any appearance by the defendant later than the required day constitutes forfeiture of the bond, and the court shall not preclude entry of such forfeiture by the clerk.
(c) If there is a forfeiture of the bond, the clerk shall provide, upon request, a certified copy of the warrant or capias to the bail bond agent or surety company.
(3) Sixty days after the forfeiture notice has been mailed or electronically transmitted:
(a) State and county officials having custody of forfeited money shall deposit the money in the fine and forfeiture fund established pursuant to s. 142.01.
(b) Municipal officials having custody of forfeited money shall deposit the money in a designated municipal fund.
(c) Officials having custody of bonds as authorized by s. 903.16 shall transmit the bonds to the clerk of the circuit court who shall sell them at market value and disburse the proceeds as provided in paragraphs (a) and (b).
(4)(a) When a bond is forfeited, the clerk shall transmit the bond and any affidavits to the clerk of the circuit court in which the bond and affidavits are filed. The clerk of the circuit court shall record the forfeiture in the deed or official records book. If the undertakings and affidavits describe real property in another county, the clerk shall transmit the bond and affidavits to the clerk of the circuit court of the county where the property is located who shall record and return them.
(b) The bond and affidavits shall be a lien on the real property they describe from the time of recording in the county where the property is located for 2 years or until the final determination of an action instituted thereon within a 2-year period. If an action is not instituted within 2 years from the date of recording, the lien shall be discharged. The lien will be discharged 2 years after the recording even if an action was instituted within 2 years unless a lis pendens notice is recorded in the action.
(5) The court shall discharge a forfeiture within 60 days upon:
(a) A determination that it was impossible for the defendant to appear as required or within 60 days after the date of the required appearance due to circumstances beyond the defendant’s control. The potential adverse economic consequences of appearing as required may not be considered as constituting a ground for such a determination;
(b) A determination that, at the time of the required appearance or within 60 days after the date of the required appearance, the defendant was confined in an institution or hospital; was confined in any county, state, federal, or immigration detention facility; was deported; or is deceased;
(c) Surrender or arrest of the defendant at the time of the required appearance or within 60 days after the date of the required appearance in any county, state, or federal jail or prison and upon a hold being placed to return the defendant to the jurisdiction of the court. The court shall condition a discharge or remission on the payment of costs and the expenses incurred by an official in returning the defendant to the jurisdiction of the court; or
(d) A determination that the state is unwilling to seek extradition of the fugitive defendant within 30 days after a request by the surety agent to do so, and contingent upon the surety agent’s consent to pay all costs and the expenses incurred by an official in returning the defendant to the jurisdiction of the court, up to the penal amount of the bond.
(6) The discharge of a forfeiture shall not be ordered for any reason other than as specified herein.
(7) The payment by a surety of a forfeiture under this law shall have the same effect on the bond as payment of a judgment.
(8) If the defendant is arrested and returned to the county of jurisdiction of the court or has posted a new bond for the case at issue before judgment, the clerk, upon affirmation by the sheriff or the chief correctional officer, shall, without further hearing or order of the court, discharge the forfeiture of the bond. However, if the surety agent fails to pay the costs and expenses incurred in returning the defendant to the county of jurisdiction, the clerk shall not discharge the forfeiture of the bond. If the surety agent and the sheriff fail to agree on the amount of said costs, then the court, after notice to the sheriff and the state attorney, shall determine the amount of the costs.
History.s. 69, ch. 19554, 1939; CGL 1940 Supp. 8663(69); s. 1, ch. 59-354; s. 2, ch. 61-406; s. 2, ch. 65-492; s. 1, ch. 69-150; s. 32, ch. 70-339; s. 1, ch. 77-388; s. 58, ch. 82-175; s. 173, ch. 83-216; s. 8, ch. 86-151; s. 1484, ch. 97-102; s. 4, ch. 99-303; s. 4, ch. 2000-178; s. 81, ch. 2004-265; s. 55, ch. 2005-236; s. 7, ch. 2013-192; s. 2, ch. 2017-168.

F.S. 903.26 on Google Scholar

F.S. 903.26 on Casetext

Amendments to 903.26


Arrestable Offenses / Crimes under Fla. Stat. 903.26
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 903.26.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PALMETTO SURETY CORPORATION, v. STATE S. O, 148 So. 3d 517 (Fla. Dist. Ct. App. 2014)

. . . 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. . . .

HUTCHINSON, III, v. STATE, 133 So. 3d 552 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

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

. . . 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 . . .

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

. . . 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 . . .

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

. . . 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 . . .

STATE GARDNER, v. ALLSTAR BAIL BONDS,, 983 So. 2d 1218 (Fla. Dist. Ct. App. 2008)

. . . When the defendant did not appear, section 903.26, Florida Statutes, and the bail bond contract provided . . .

CONTINENTAL HERITAGE INSURANCE COMPANY A- v. STATE, 981 So. 2d 583 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

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

. . . 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. . . .

SURETY, ACCREDITED SURETY AND CASUALTY COMPANY, v. STATE, 894 So. 2d 301 (Fla. Dist. Ct. App. 2005)

. . . Section 903.26(l)(b), Florida Statutes (1998) requires the clerk of court to give a surety “at least . . .

FAST RELEASE BAIL BONDS, INC. v. STATE, 895 So. 2d 448 (Fla. Dist. Ct. App. 2005)

. . . See § 903.26(l)(b), Fla. Stat. (2003). . . .

AMENDMENTS TO THE FLORIDA RULES OF APPELLATE PROCEDURE, THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA FAMILY LAW RULES OF PROCEDURE, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA PROBATE RULES, 887 So. 2d 1090 (Fla. 2004)

. . . 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 . . .

BOARD OF COMMISSIONERS OF BREVARD, v. BARBER BONDING AGENCY,, 860 So. 2d 10 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

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

. . . 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. . . .

FLORIDA CONVALESCENT CENTERS, v. SOMBERG,, 840 So. 2d 998 (Fla. 2003)

. . . been jailed or imprisoned in another state, we suggest the legislature clarify the language in section 903.26 . . .

UNIVERSAL BAIL BONDS, INC. s v. STATE, 830 So. 2d 230 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

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

. . . 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 . . .

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

. . . .” § 903.26(2)(a). . . .

SURETY CONTINENTAL HERITAGE INSURANCE CO. v. ORANGE COUNTY,, 798 So. 2d 837 (Fla. Dist. Ct. App. 2001)

. . . 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 . . .

CLEARWATER BONDING AGENCY, v. PINELLAS COUNTY,, 805 So. 2d 901 (Fla. Dist. Ct. App. 2001)

. . . Accredited moved to set aside the bond forfeiture pursuant to section 903.26, Florida Statutes (1999) . . .

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

. . . As section 903.26(2)(b), Florida Statutes (2000), provides, “[fjailure of the defendant to appear at . . .

EASY BAIL BONDS, v. POLK COUNTY,, 784 So. 2d 1173 (Fla. Dist. Ct. App. 2001)

. . . .” § 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 . . .

STATE v. PAUL,, 783 So. 2d 1042 (Fla. 2001)

. . . 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 . . .

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

. . . 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 . . .

FRONTIER INSURANCE COMPANY, G. v. STATE, 760 So. 2d 299 (Fla. Dist. Ct. App. 2000)

. . . . § 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 . . .

AMERICAN BANKERS INSURANCE COMPANY, By ATLAS BAIL BONDS, v. CAMACHO, 727 So. 2d 336 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

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

. . . 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. . . .

W. CAMERON, v. McCAMPBELL,, 704 So. 2d 721 (Fla. Dist. Ct. App. 1998)

. . . 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 . . .

S. BUCKMAN, v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA,, 115 F.3d 892 (11th Cir. 1997)

. . . . § 903.26. . . .

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

. . . . § 903.26(2)(a), Fla. Stat. (1995). . . .

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

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

. . . In accordance with section 903.26, Florida Statutes (1991), Polakoff was notified that the surety bonds . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . 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 . . .

JACK S BAIL BONDS, INC. v. PUTNAM COUNTY,, 574 So. 2d 302 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

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

. . . 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 . . .

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

. . . 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 . . .

AMERICAN BANKERS INSURANCE COMPANY, v. STATE, 546 So. 2d 1172 (Fla. Dist. Ct. App. 1989)

. . . State, 92 So.2d 264 (Fla.1957); § 903.26(2)(b), Fla.Stat. (1987). Certiorari denied. . . .

STATE METROPOLITAN DADE COUNTY, v. SAIZ,, 547 So. 2d 208 (Fla. Dist. Ct. App. 1989)

. . . 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 . . .

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

. . . decided on appeal, the county (or municipality), as the beneficiary of the forfeited bond proceeds (§§ 903.26 . . .

D. CHASE v. ORANGE COUNTY,, 511 So. 2d 1101 (Fla. Dist. Ct. App. 1987)

. . . See § 903.26(7), Fla.Stat. (1985). In Weaver v. . . .

ALLIED FIDELITY INSURANCE COMPANY, INC. v. V. GREEN,, 511 So. 2d 439 (Fla. Dist. Ct. App. 1987)

. . . Under subsections 903.26(4)(a) & (b), upon forfeiture of a bond, the bond and any affidavits are transmitted . . .

DEPENDABLE INSURANCE COMPANY, INC. v. UNION COUNTY,, 509 So. 2d 1228 (Fla. Dist. Ct. App. 1987)

. . . 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 . . .

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

. . . 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 . . .

SOUTHLAND INSURANCE COMPANY, SURETY, v. STATE, 497 So. 2d 1331 (Fla. Dist. Ct. App. 1986)

. . . See § 903.26(l)(b), Fla.Stat.; State v. . . .

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

. . . 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 . . .

ACCREDITED SURETY AND CASUALTY CO. INC. v. PUTNAM COUNTY,, 491 So. 2d 353 (Fla. Dist. Ct. App. 1986)

. . . The surety moved to vacate the forfeiture pursuant to section 903.26(5)(c), and the court conditioned . . .

ACCREDITED SURETY CASUALTY CO. INC. A. v. HAGMAN, 467 So. 2d 1065 (Fla. Dist. Ct. App. 1985)

. . . 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 . . .

MORRA, v. STATE MONROE COUNTY,, 460 So. 2d 507 (Fla. Dist. Ct. App. 1984)

. . . convicted, has not “thwarted the proper prosecution of the defendant” as that term is used in sections 903.26 . . .

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

. . . These are found in Section 903.26(5): (5) The court may discharge a forfeiture within 30 days upon: ( . . .

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

. . . 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). . . .

THE FLORIDA BAR. In RULES OF CRIMINAL PROCEDURE BAIL BOND, 436 So. 2d 60 (Fla. 1983)

. . . 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 . . .

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

. . . 903.27(1), nor that appellants have surely abandoned remedies available in circuit court under section 903.26 . . .

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

. . . . § 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). . . .

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

. . . 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 . . .

ESTATE OF MALTIE v. STATE, 404 So. 2d 384 (Fla. Dist. Ct. App. 1981)

. . . 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 . . .

STATE v. COLLIE,, 390 So. 2d 441 (Fla. Dist. Ct. App. 1980)

. . . . § 903.26(l)(b), Fla.Stat. (1979). . . .

NORRIS, v. STATE, 386 So. 2d 602 (Fla. Dist. Ct. App. 1980)

. . . 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 . . .

RYAN Al v. STATE, 380 So. 2d 539 (Fla. Dist. Ct. App. 1980)

. . . 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 . . .

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

. . . Section 903.26(l)(a) states that no bond shall be forfeited unless the information, indictment, or affidavit . . .

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

. . . 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 . . .

A. SCHAEFER v. STATE, 369 So. 2d 443 (Fla. Dist. Ct. App. 1979)

. . . Section 903.26, Florida Statutes; Resolute Insurance Company v. . . .

McKNIGHT a k a a v. STATE DADE COUNTY,, 362 So. 2d 337 (Fla. Dist. Ct. App. 1978)

. . . The defendant acted in accordance with Section 903.26(5)(d), Florida Statutes (1977), in the surrender . . .

STATE v. FLINT,, 355 So. 2d 482 (Fla. Dist. Ct. App. 1978)

. . . 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 . . .

STATE DADE COUNTY, v. BURKE a, 335 So. 2d 580 (Fla. Dist. Ct. App. 1976)

. . . 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. . . .

CAIVANO v. STATE, 331 So. 2d 331 (Fla. Dist. Ct. App. 1976)

. . . Florida Statutes, Section 903.26, provides, in pertinent part, as follows: (1) A bail bond shall not . . .

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

. . . Section 903.26 Fla.Stat., F.S.A. authorizes forfeiture of bail bonds in designated circumstances. . . .

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

. . . 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 . . .

BANKERS FIRE AND CASUALTY COMPANY, v. STATE, 303 So. 2d 39 (Fla. Dist. Ct. App. 1974)

. . . 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 . . .

RESOLUTE INSURANCE COMPANY, v. STATE, 290 So. 2d 114 (Fla. Dist. Ct. App. 1974)

. . . 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. . . .

RESOLUTE INSURANCE COMPANY, v. STATE DADE COUNTY,, 289 So. 2d 454 (Fla. Dist. Ct. App. 1974)

. . . . § 903.26, F.S.A. . . .

BAILEY J. J. v. STATE, 282 So. 2d 32 (Fla. Dist. Ct. App. 1973)

. . . 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. . . .

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

. . . Florida Statutes, § 903.26(5)(a), F.S.A., provides that a court that has entered an order of forfeiture . . .

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

. . . 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: *** . . .

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

. . . . § 903.26(6), F.S.A., (1969) and involves discharge of the entire forfeiture although the surety may . . .

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

. . . appearance on said date, the trial judge ordered his bond estreated and, pursuant to the provisions of § 903.26 . . .

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

. . . . §§ 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 . . .

W. C. HUTCHING v. BRYANT,, 173 So. 2d 496 (Fla. Dist. Ct. App. 1965)

. . . Sec. 903.26, Fla.Stats., F.S.A. . . .

HUIE, v. STATE, 92 So. 2d 264 (Fla. 1957)

. . . 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 . . .

STATE FIRE CASUALTY COMPANY, a v. STATE, 88 So. 2d 274 (Fla. 1956)

. . . entered in favor of the State of Florida in an appearance bond forfeiture proceeding under Section 903.26 . . .