Florida/Georgia Personal Injury & Workers Compensation

...feited amount. Thus, a surety which pays the forfeited amount within thirty days as required by Section 903.26(2), Florida Statutes (1979), is granted one year from the date of forfeiture within which to seek a remission of the forfeited amount. See § 903.28(1), Fla....

...The orders denying the motion for remission of the forfeiture and granting in part and denying in part the motion to correct the forfeiture order are likewise obviously interlocutory in nature. The record presented to us fails to reveal any final judgment on the appearance bond. See Section 903.28, Florida Statutes, F.S.A....

...compliance therewith. After the lapse of thirty days from the date of the declaration of the forfeiture and within one year therefrom, but pursuant thereto, the Circuit Judge having jurisdiction may then enter the final judgment on the undertaking. Section 903.28, Florida Statutes, F.S.A....

...er finally disposed of. This process of surrendering the defendant, even after forfeiture, is affirmatively recognized by § 903.26(6) (c) and (d) as affording proper basis for a "remission of the forfeiture [to] be made to the surety". Lastly, F.S. § 903.28, F.S.A....

...*385 James K. Pedley, Fort Lauderdale, for appellants. Jim Smith, Atty. Gen., Tallahassee and Robert L. Bogen, West Palm Beach, for appellee. PER CURIAM. This is an appeal from a final order denying a motion for remission of forfeiture filed pursuant to Section 903.28, Florida Statutes (1979)....

...After considering the statutory scheme as a whole, we agree with the State. Chapter 903 is clear that the forfeiture must be paid or discharged within thirty-five days. See id. §§ 903.26(2)(a),(b), 903.27(1). 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 extension of time to surrender the defendant if the bondsman pays the forfeiture prior to the entry of final judgment." Thomas W....

...In sum, the thirty-five-day time period of section 903.26 cannot be extended. [1] The correct procedure was for County Bonding to pay the forfeiture within thirty-five days and then, when defendant was later apprehended, seek remission of forfeiture under section *133 903.28. Because County Bonding relied on the extensions of time and ultimately paid the forfeiture, our ruling on this appeal is without prejudice to the surety to apply for remission of forfeiture under section 903.28....

...The trial court agreed, considering itself bound by American Bankers Ins. Co. v. Seminole County, 526 So.2d 736, 737 (Fla. 5th DCA 1988); Pinellas County v. Robertson, 490 So.2d 1041, 1043 (Fla. 2d DCA 1986); and Public Serv. Mut. Ins. Co. v. State, 135 So.2d 777 (Fla. 1st DCA 1961). Section 903.28 allows remission of forfeiture if, among other things, "the apprehension or surrender of the defendant was substantially procured or caused by the surety, or the surety has substantially attempted to procure or cause the apprehension or surrender of the defendant, and the delay has not thwarted the proper prosecution of the defendant." § 903.28(3), Fla....

...[2] The surety's proffer here was that it had caused defendant to be arrested in Jamaica, but when the State declined to extradite, the defendant had to be released. Assuming no prejudice to the prosecution on account of the delay, [3] see id., the surety would be entitled to remission. See id. The purpose of section 903.28 is to create a financial incentive for sureties to locate and apprehend fugitives. Assuming the facts to be as proffered by the surety, the surety did exactly what the statute is designed to encourage. [4] The State had the prerogative to decline to extradite if it so chose, but under the current version of section 903.28, the refusal to extradite does not defeat an otherwise meritorious remission claim. We distinguish the three cases relied on by the trial court. The current text of section 903.28 came into the statute in 1982, see ch. 82-175, § 60, Laws of Fla., long after this court's Public Service Mutual case was decided. Although the American Bankers and Pinellas County cases were decided after the 1982 statutory amendment, neither case examines the expansive language of section 903.28. IV. The trial court order is affirmed insofar as it declines to set aside the forfeiture. This ruling is without prejudice to County Bonding to apply for remission of forfeiture under section 903.28....

...Affirmed. NOTES [1] Because the trial court disposed of the surety's motion on the basis of the argument discussed in part III of this opinion, the court did not reach the State's contention that the thirty-five-day period was not subject to extension. [2] Section 903.28(3) is applicable here because the defendant was apprehended within 180 days; it allows a remission "of up to, but not more than, 95 percent of a forfeiture ...." [3] Prejudice is unlikely because defendant had confessed. [4] The State may, of course, controvert the surety's rendition of the facts in any proceedings that may be instituted under section 903.28.

...STATE of Florida, Appellee. Supreme Court of Florida. En Banc. March 14, 1956. P. Donald DeHoff, Jacksonville, for appellant. Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for appellee. ROBERTS, Justice. We here consider the constitutionality vel non of Section 903.28, Fla....

...Appellant "paid over" the required sum and returned Jaffe to the Putnam County *380 Jail on September 24, 1981. Jaffe was convicted of the twenty-eight counts previously charged. On November 16, 1981 appellant filed a motion for remission of forefeiture pursuant to section 903.28, Florida Statutes (1979)....

...otion to set aside the judgment. The court entering the judgment may at any time set aside the judgment in whole or in part for reasonable cause shown. During the pendency of such motion the court may stay execution on judgment or other process. and section 903.28, Florida Statutes (1979) states: (1) Within 1 year after forfeiture, the court may direct a partial or complete remission for reasonable cause....

...wever, this court's decision in Ryan was predicated on the fact that Ryan had pre-forfeiture notice of the defendant's scheduled appearance. Appellant argues that the effect of vacating the judgment was to reinstate the appellant's right pursuant to section 903.28 to have the forfeiture remitted by apprehending and surrendering the principal which appellant did. Subsection 903.28(1) states in part "if the surety apprehends and surrenders the defendant within 1 year from forfeiture, the court shall order the forfeiture remitted unless the delay has thwarted the proper prosecution of the defendant." (Emphasis added). Appellees never made an attempt to show that the delay thwarted the proper prosecution of Jaffe. Vacating the judgment was crucial to the appellant's claimed right to remission pursuant to section 903.28 because a sister court has held that once a forfeiture judgment is rendered only section 903.27 dealing with setting aside the judgment is operative....

...3.27 (45 days) had already run. Thus, the court was not confronted with the situation before this court. Once a judgment has been vacated pursuant to subsection 903.27(2) or Florida Rule of Civil Procedure 1.540(b) are appellant's rights pursuant to 903.28 reborn if the one year time limit has not run? United Bonding Insurance Company v. State, 242 So.2d 140 (Fla. 1st DCA 1970) indicates that those rights are in fact reborn if the whole judgment is set aside. In United Bonding the court held that a judgment entered after a forfeiture was paid was void under section 903.27 and section 903.28 applied to the facts in that case....

...State, 380 So.2d 1118 (Fla.2d DCA 1980), failure to give the statutorily required pre-forfeiture and post-forfeiture notice would also make the subsequent judgment void or at least voidable upon notice of judgment and entitle appellant to the rights afforded it under 903.28....

...h and subsequent apprehension after only four hours. The Eighth Circuit held that the trial court should have remitted $99,000 of the $100,000 bond. Appearance Bond Surety v. United States, 622 F.2d 334 (8th Cir.1980). Appellant construes "costs" in section 903.28(2) to mean the costs incurred as a result of the failure of the defendant to *382 appear and/or costs incurred in obtaining his return. There are apparently no cases construing what is meant by costs in subsection 903.28(2); however, appellant's construction is logical....

...Another purpose may be to promptly alert them of the defendant's failure to appear so they can commence their efforts to locate him. Thus, the failure to give the statutory notice of forfeiture which prejudices a bondsman's ability to take the defendant into custody could constitute good cause to remit the forfeiture under Section 903.28, Florida Statutes (1977)....

...Thereafter, *457 the State of Florida secured a judgment upon the bond. Section 903.27(2), Fla. Stat., F.S.A., provides that "[a]fter notice of judgment ... the surety or bail bondsman may within forty-five days file a motion to set aside the judgment". Thereafter, acting pursuant to § 903.28 provides "[o]n application within one year from forfeiture, the court shall order remission if it determines that there was no breach of the bond", the surety applied to the circuit court for remission of the forfeiture upon which judgment had been entered. The circuit judge denied the motion upon the ground that he was without jurisdiction to order a remission under the provisions of § 903.28 because the section "does not apply to forfeitures reduced to judgment". We are therefore presented with a clear question as to whether or not these two sections (903.27 and 903.28) can be reconciled, and if they cannot, which prevails under the situation above set out....

...The court entering the judgment may at any time set aside the judgment in whole or in part for reasonable cause shown. During the pendency of such motion the court may stay execution on judgment or other process." This section was first passed in 1939 and was amended by Chapter 70-339, § 33, Laws of Florida, 1970. [1] Section 903.28 presently reads as follows: "903.28 Remission of forfeiture; conditions....

...for remission is that there was no breach of the bond." It was first enacted in 1939 and was amended in 1970 by Chapter 70-339, § 34, Laws of Florida, 1970. [2] It is apparent that the sections were originally designed to apply to different courts. Section 903.28, the remission of forfeiture section, would ordinarily have been applied in the trial court while section 903.27, the forfeiture to judgment section, by its terms applies only to the circuit court....

...1966, 188 So.2d 868, that once the forfeiture has been reduced to judgment the applicable statutory section is that section concerned with the setting aside of judgment and not the section dealing with remission of forfeiture. It appears that the State may well be able to cut off a surety's rights under § 903.28, for as happened in this case, the State applied for the judgment before the running of the one year period and in fact received a judgment so that the forty-five days allowed for a motion to set aside the judgment ran before the expiration of one year from the forfeiture....

...The surety secured the surrender and arrest of one defendant on the same day he failed to appear; the other defendant was apprehended and surrendered six days after he failed to appear. When the surety applied for remission of the two forfeitures pursuant to section 903.28(2), Florida Statutes, the trial court ordered a remission of only 75% of the amount of the appearance bonds. Accredited Surety appeals. Section 903.28(2), Florida Statutes (Supp....

...District Court of Appeal of Florida, First District. April 23, 1974. Charles J. Cullom, Orlando, for appellant. Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee. McCORD, Judge. This is an appeal from an order denying remission of bond petitioned for under Section 903.28, Florida Statutes, F.S.A....

...The court's order denying remission was entered August 30, 1973, ordering as follows: "... . petitioner's petition for reimbursement of bond be and the same is hereby denied as the defendant's surety did not apprehend and surrender the defendant within one year, therefore under the first sentence in Section 903.28 of the Florida Statutes, the Court did not have jurisdiction on either of the hearing dates as set forth above to order a remission in whole or in part, the forfeiture having occurred August 10, 1971." The trial court evidently conside...

...State, 269 So.2d 770 (Fla. 3d DCA 1972), the court reviewed a "final judgment of estreature." In Estate of Maltie v. State, 404 So.2d 384 (Fla. 4th DCA 1981), the bondsman appealed from an order denying a motion for remission of forfeiture pursuant to section 903.28, Florida Statutes....

...an estreature of a bail bond posted by Roche Surety & Casualty Co., Inc., and compelled the clerk of the circuit court to remit "100 percent of the forfeited bond in this matter" to Roche Surety. Because remission was improperly ordered pursuant to section 903.28, Florida Statutes (1999), we reverse....

...estreature and directing the clerk of the court to remit "100 percent of the forfeited bond" to Roche Surety. Remission of forfeiture is a wholly statutory remedy that "may not be ordered *939 for any reason other than as specified" in the statute. § 903.28(7). Certain conditions precedent must be met before a court is authorized to order remission of a forfeited bond. First, there must have been no breach of the bond, § 903.28(1), and, second, the surety must have apprehended or have "substantially attempted to procure or cause the apprehension or surrender" of the defendant, § 903.28(2)....

...Dorsett, Assistant County Attorney, Orlando, for Appellee. SAWAYA, J. Surety Continental Heritage Insurance Company [Continental] appeals the trial *838 court's order denying its Motion for Remission of Bond Forfeiture. Continental argues that, as surety, it is entitled to remittance pursuant to section 903.28, Florida Statute (1999), because it substantially attempted to procure or cause the apprehension or surrender of Dwight Morrison and Marcus Wilson, the defendants who failed to appear at trial and subsequently absconded to Jamaica....

...Morrison and Wilson were released from custody. Subsequent to their release, Morrison and Wilson failed to appear at their scheduled trial. In accord with section 903.26(2)(a), Florida Statutes, the bonds were forfeited. Approximately one year later, Continental, pursuant to section 903.28, filed its motion for remission....

...d by the court." Bankston v. State, 279 So.2d 326, 327 (Fla. 2d DCA 1973) (citations omitted). Failure of the accused to appear at the time, date and place required shall result in forfeiture of the bond. § 903.26(2)(b), Fla. Stat. (1999). However, section 903.28 provides for remission of a forfeited bond and states in pertinent part: If the defendant surrenders or is apprehended within 1 year after forfeiture, the court, on motion at a hearing upon *839 notice ......

...rticipate in the apprehension or surrender of the defendant when the costs of returning the defendant to the jurisdiction of the court have been deducted from the remission and when the delay has not thwarted the proper prosecution of the defendant. § 903.28(5), Fla....

...Therefore, Continental cannot establish that the condition precedent required by the statute has been met. However, we conclude, based on the record in the instant appeal, that Continental "substantially attempted to procure or cause the apprehension or surrender of the defendants." § 903.28, Fla....

...In actuality, all that remained was for the State to take advantage of Continental's preceding efforts. It failed to do so, however, and we must determine whether, under the particular facts and circumstances of the instant case, Continental should be prevented from taking advantage of the remission provisions of section 903.28....

...to section 903.26(2)(b), the trial court cannot extend the thirty-five day period in which the surety is required to pay the *840 forfeiture. In its opinion, the Third District also addressed the state's argument in regard to whether remission under section 903.28 is available when the defendant is arrested in a foreign jurisdiction and the state refuses to extradite....

...1st DCA 1961). ... The surety's proffer here was that it had caused defendant to be arrested in Jamaica, but when the State declined to extradite, the defendant had to be released. Assuming no prejudice to the prosecution on account of the delay, see [section 903.28], the surety would be entitled to remission. See Id. The purpose of section 903.28 is to create a financial incentive for sureties to locate and apprehend fugitives. Assuming the facts to be as proffered by the surety, the surety did exactly what the statute is designed to encourage. The State had the prerogative to decline to extradite if it so chose, but under the current version of section 903.28, the refusal to extradite does not defeat an otherwise meritorious remission claim. We distinguish the three cases relied on by the trial court. The current text of section 903.28 came into the statute in 1982, see ch. 82-175, § 60, Laws of Fla., long after this court's Public Service Mutual case was decided. Although the American Bankers and Pinellas County cases were decided after the 1982 statutory amendment, neither case examines the expansive language of section 903.28. County Bonding, 724 So.2d at 133 (footnotes omitted). We conclude that the court's discussion in County Bonding provides a logical interpretation of the clear language of section 903.28....

...Robertson, 490 So.2d 1041, 1042-43 (quoting Umatilla County v. Resolute Ins. Co., 8 Or.App. 318, 493 P.2d 731 (1972)), when a surety has substantially attempted to procure a defendant or defendants, it should not be prevented from seeking remission under section 903.28 because the State refuses to cooperate....

...ion for remission. Robertson is distinguishable because it dealt with the setting aside of a bond estreature, rather than remission. Moreover, Robertson, for whatever *841 reason, does not address the "substantially attempted to procure" language of section 903.28....

...be surrendered to the Broward County Jail. The trial court granted the extension. Surety failed to produce the defendant within those ninety days and subsequently paid the estreated bond. In May 2002, Surety filed a Motion for Remission pursuant to section 903.28(2), Florida Statutes (2002). [1] The *671 trial court denied the Motion for Remission. Surety appeals the Order Denying its Motion for Remission. We affirm. Pursuant to section 903.28, certain conditions precedent must be met before a court is authorized to order remission of a forfeited bond....

...Based on this information, Surety attempted to initiate proceedings to extradite the defendant to the United States. However, Surety was informed that due to treaties between the United States and Haiti, the defendant was not subject to extradition. Surety argues that it met its burden under section 903.28, by locating the defendant and attempting to have her apprehended....

...In order to be entitled to remission, Surety must establish that it has substantially attempted to procure or cause the apprehension or surrender of the defendant. We hold that it has not met this burden. AFFIRMED. TAYLOR, HAZOURI and MAY, JJ., concur. NOTES [1] Section 903.28(2), Florida Statutes (2002), states as follows: (2) If the defendant surrenders or is apprehended within 90 days after forfeiture, the court, on motion at a hearing upon notice having been given to the county attorney and state attorne...

...NOTES [1] Chapter 903 of the Florida Statutes (1971), F.S.A., is substantively the same as Chapter 903 of the 1969 edition of the Florida Statutes. [2] Capitol Indemnity Ins. Co. v. State, 86 So.2d 156 (Fla. 1956) [3] Florida Statute 903.26(6) (1969), F.S.A. [4] Florida Statute 903.28 (1969), F.S.A.

...on of the court." Similarly, section 903.26(8) prohibits the clerk from discharging a forfeiture prior to judgment unless the bail bondsman has paid "the costs and expenses incurred in returning the defendant to the county of jurisdiction." Further, section 903.28(2), Florida Statutes (1999), states that the trial court may remit a forfeiture "when the costs of returning the defendant to the jurisdiction of the court have been deducted from the remission." See also § 903.28(3), (4), (5), (6), Fla....

...e "transportation cost of returning the defendant to the jurisdiction of the court." The County argues that the use of the specific phrase "transportation cost" in section 903.21(3) and the absence of the word "transportation" in sections 903.26 and 903.28 means that the legislature did not intend to limit the costs allowed by sections 903.26 and 903.28 to simply mileage....

...ndant. We leave unanswered the question of whether the County can claim as costs the prorated salary of the law enforcement officer who appears at a hearing to justify the amount of costs sought by the County. [5] The language of the 1979 version of section 903.28(2), Florida Statutes, at issue in Accredited Surety & Casualty Co. v. State, 418 So.2d 378 (Fla. 5th DCA 1982), simply stated that "remission shall be granted on the condition of payment of costs unless the ground for remission is that there was no breach of the bond." § 903.28(2), Fla....

...Berry of Eisenmenger, Berry & Peters, P.A., Melbourne, for Appellee. PLEUS, J. The Board of County Commissioners of Brevard County (County) appeals from an order which granted Barber Bonding Agency's (Barber) motion for remission of 90% of its forfeited bail bond, pursuant to section 903.28(4), Florida Statutes....

...The County concedes that Barber is entitled to remission under the statute, but it argues the applicable subsection is (6), which permits remission of up to 50% of the forfeited bond. We agree with the able trial judge that subsection (4) applies and affirm the order for remission of 90%. Section 903.28, Florida Statutes, deals with remission of forfeited bail bonds....

...Its subsections (2) through (6) are worded identically except for the time periods [90 days, 180 days, 270 days, 1 year and 2 years] and the corresponding maximum amount which can be remitted to the surety for a forfeited bond [100%, 95%, 90%, 85% and 50%]. Section 903.28(4) provides: If the defendant surrenders or is apprehended within 270 days after forfeiture, the court, on motion at a hearing upon notice having been given to the county attorney and state attorney as required in subsection (8), shall...

...apprehension or surrender of the defendant when the costs of returning the defendant to the jurisdiction of the court have been deducted from the remission and when the delay has not thwarted the proper prosecution of the defendant. (Emphasis added) Section 903.28(6) has identical language except the time limit is two years and the maximum possible remission is 50%....

...Thus, the requirement of the statute (that the delay has not thwarted the prosecution of the case) was satisfied and is not in issue here. [2] At the hearing on remission, the County argued that inherent in the language of all of the subsections to section 903.28 is the requirement that the defendant be surrendered to or apprehended in the jurisdiction of the court which approved and forfeited the bond, so that it could be said that the defendant has been returned to "justice," and the status quo breached by the defendant's skipping the jurisdiction has been cured....

...ue those who flee the jurisdiction. See County Bonding Agency v. State, 724 So.2d 131 (Fla. 3d DCA 1998); Leon County. Surety Continental Heritage Insurance Co. v. Orange County, 798 So.2d 837 (Fla. 5th DCA 2001) provides precedent for the view that section 903.28 only requires that an absconding accused be arrested or apprehended in a different jurisdiction to stop the running of the times in the statute....

...had done all it could to set in motion extradition proceedings there. However, the authorities in the bailing jurisdiction refused to issue an arrest warrant or to initiate extradition proceedings. The surety filed a motion for remission pursuant to section 903.28 approximately one year after forfeiture of the bail bonds....

...erate. See also County Bonding Agency (dictum). In cases in which the prosecution has not been thwarted by the defendant's failure to appear, we hold that the time of the surrender or apprehension of the skipping defendant stops the times running in section 903.28, without regard to whether the apprehension or surrender is in a different or even foreign jurisdiction, or for different criminal charges....

...Since McCloy was arrested in Dade County within 270 days after the bond was forfeited, subsection (4) applies and allows a maximum remission of 90%. AFFIRMED. PALMER, J., concurs. SHARP, W., dissents, with opinion. SHARP, W., J., dissenting. I respectfully dissent because I think that the language of section 903.28(4), the remission statute, is susceptible to more than one interpretation, [1] and in my view, the better interpretation is that the surrender or apprehension of the absconding defendant does not stop the running of the time periods in the remission statute where the apprehension or surrender is in a different or foreign jurisdiction, until he or she is returned to the custody and jurisdiction of the bailing court. Section 903.28, Florida Statutes, deals with remission of forfeiture of bail bonds....

...Its subsections (2) through (6) are worded identically except for the time periods [90 days, 180 days, 270 days, 1 year and 2 years] and the corresponding maximum *13 amount which can be remitted to the surety for a forfeited bond [100%, 95%, 90%, 85% and 50%]. Section 903.28(4) provides: If the defendant surrenders or is apprehended within 270 days after forfeiture, the court, on motion at a hearing upon notice having been given to the county attorney and state attorney as required in subsection (8), shall...

...apprehension or surrender of the defendant when the costs of returning the defendant to the jurisdiction of the court have been deducted from the remission and when the delay has not thwarted the proper prosecution of the defendant. (emphasis added) Section 903.28(6) has identical language except the time limit is two years and the maximum possible remission is 50%....

...Thus, the requirement of the statute (that the delay has not thwarted the prosecution of the case) was satisfied and is not disputed here. [3] At the hearing on remission, the lawyers representing Barber and the County presented different possible interpretations of section 903.28, as applied to the facts of this case. The County argued that inherent in the language of all of the subsections to section 903.28 is the requirement that the defendant be surrendered to or apprehended in the jurisdiction of the court which approved and forfeited the bond, so that it could be said that the defendant has been returned to "justice," and the status quo breached by the defendant's skipping the jurisdiction has been cured....

...Barber argued that it is not relevant when a skipping defendant is actually returned to the jurisdiction of the court which approved the forfeited bond, but rather the time of the surrender or apprehension of the skipping defendant stops the times running in section 903.28, without regard to whether the apprehension or surrender is in a different or even foreign jurisdiction, or for different criminal charges....

...d remission of funds paid under specified circumstances, it is clear the Legislature has increasingly liberalized the conditions under which sureties may seek relief from forfeited bail bonds. For example, the 1970 version of the applicable statute, section 903.28 provided: After the payment of the forfeiture, the court before which the case is pending may, for reasonable cause shown, within one year of the date of forfeiture, direct a remission of forfeiture in whole or in part, upon such terms...

...hat the failure to sooner apprehend or return the defendant has defeated the ends of justice and thwarted the successful prosecution of the defendant. (emphasis added) The part of the 1970 statute italicized above, which corresponds with the current section 903.28, required the surety to actually apprehend the defendant and return him to the custody of the applicable county jail or institution, within one year of the bond forfeiture. In 1982, this statute was substantially revised. Portions of the 1970 statute dealing with discharge of a forfeiture were moved to section 903.26. Portions dealing with remission of a forfeiture were placed in a revised section 903.28, containing subsections similar to the current version....

...t forth in the statute are met. The relevant question here is how much relief the surety is entitled to? Barber argues that Surety Continental Heritage Ins. Co. v. Orange County, 798 So.2d 837 (Fla. 5th DCA 2001) provides precedent for the view that section 903.28 only requires that an absconding accused be arrested or apprehended in a different jurisdiction to stop the running of the times in the statute....

...had done all it could to set in motion extradition proceedings there. However, the authorities in the bailing jurisdiction refused to issue an arrest warrant or to initiate extradition proceedings. The surety filed a motion for remission pursuant to section 903.28 approximately one year after forfeiture of the bail bonds....

...The result in the Surety Continental Heritage case is consistent with many other cases in which actions taken by the bailing State's officials have prevented a surety from returning a defendant to the bailing court's jurisdiction. [8] The question as to which subsection of section 903.28 or applicable time limit should apply in that case was not at issue....

...r had the burden to show that the delay was attributable to State or County officials, and but for their actions, McCloy would have been returned to Brevard at an earlier time, which would then be the triggering time to determine which subsection of 903.28 was applicable. [9] Absent those proofs, the time periods set forth in section 903.28 should be determined based on when the defendant was returned to the jurisdiction of the bailing court....

...urt had the power or discretion to remit the full amount of the bond since defendant surrendered himself to the county jail more than one year, but less than two years, after forfeiture. The first district concluded the bailing court was bound by subsection 903.28(6) and could only remit a maximum of 50% of the forfeited bond, pursuant to the provisions of that subsection. It described the statutory scheme of section 903.28 as having been designed by the Legislature: [T]o encourage the expeditious apprehension or surrender of a defendant, in that a statutory graduating scale calculates the percentage of the forfeiture remittable according to the amount of...

...o justice. (emphasis added) 652 So.2d 466. In order to be "returned to justice" an absconding defendant must be returned to the jurisdiction of the bailing court to face those charges for which the bond was set. Barber argues that the time limits in section 903.28 reference the time that an absconding defendant either surrenders him or herself to police authorities or is apprehended by them, without regard to where the apprehension or surrender occurs, or when he or she is returned to the bailing court's jurisdiction to face the pertinent criminal charges....

...This interpretation could lead to strange results. For example, a defendant could be arrested in a foreign country or other state and held there many years on other criminal charges before being returned to the bailing court or "to justice." To allow remission under section 903.28 based on the time he or she was arrested in another jurisdiction does not comport with a policy of encouraging the expeditious apprehension or surrender of an absconding defendant and bringing him or her "to justice." Section 903.26(5)...

...in an institution or hospital or was confined in a jail or prison permits a discharge. [10] This releases of the surety for situations involving "impossibility of performance." *18 But section 903.26(5) also contains a provision similar to those in 903.28: (5) The court shall discharge a forfeiture within 60 days upon: * * * (c) Surrender or arrest of the defendant if the delay has not thwarted the proper prosecution of the defendant....

...risdiction. See Easy Bail Bonds v. Polk County, 784 So.2d 1173 (Fla. 2d DCA 2001); Rubin S. Williams Bailbonds, Inc. v. State, 493 So.2d 1065 (Fla. 1st DCA 1986); Morra v. State For Use and Benefit of Monroe County, 460 So.2d 507 (Fla. 3d DCA 1984). Section 903.28 should have a consistent interpretation....

...The State of Florida and the Clerk of the Circuit Court for Collier County appeal a circuit court order which granted partial remission of a bond forfeiture. The order directed that Sunshine State Bail Bonds, Inc. receive a remission of 80% of the bond amount. Because remission was improperly ordered pursuant to section 903.28, Florida Statutes (2005), we reverse....

...hereby the surety guarantees appearance of the accused." Pinellas County v. Robertson, 490 So.2d 1041, 1042 (Fla. 2d DCA 1986). The remission of a bond forfeiture is a statutory remedy that cannot be ordered for any reason other than as specified in section 903.28. Hillsborough County v. Roche Sur. & Cas. Co., 805 So.2d 937, 938-39 (Fla. 2d DCA 2001). Pursuant to section 903.28, before a court can order remission of a bond, it must determine that there was no breach of the bond and the surety must have apprehended or "substantially attempted to procure or cause the apprehension or surrender of the defendant." Id....

...ence to the circuit court that it substantially attempted to procure or cause the apprehension or surrender of Vilpre. We have been unable to find case law in Florida addressing the remission of a bond forfeiture after the death of the defendant and section 903.28 does not provide for such circumstance....

...Surety's inability to perform its obligation is due to its own fault in permitting the defendant to leave the State of Florida."). [1] Accordingly, we reverse because the trial court erred in directing remission of the *1086 surety bonds where such was not authorized by section 903.28. Reversed. NORTHCUTT, C.J., and KELLY, J., Concur. NOTES [1] Although this case is controlled by section 903.28, several cases from other states have held that a surety may recover a bond when the death occurs before the scheduled appearance date....

...gment, exonerate the bail bondsmen and obtain remission. According to the County of Volusia, Mann and Severson failed to file their motion within sixty days following entry of the judgment and thus were precluded from obtaining remission pursuant to section 903.28(6), Florida Statutes....

...The lower court initially agreed with the County that there was no jurisdiction to set aside the judgment since Mann and Severson did not file a motion to set aside within the sixty day time period. Eventually, however, the lower court granted Mann and Severson's motion and granted remission. *688 In the instant case, section 903.28, Florida Statutes was not available to Mann and Severson because they breached the bond by failing to pay within 35 days after notice. In addition, this court in Accredited Surety & Casualty Company, Inc. v. State, 418 So.2d 378 (Fla. 5th DCA 1982), adopted the analysis of the Third District to the extent that section 903.28 is not available to a surety when forfeiture is reduced to a judgment and no timely motion to set aside the judgment is made....

...nt who had posted bond failed to make a scheduled appearance in court. We are constrained to reverse the order granting a full remission, and to remand with directions to order remittance of forfeiture in an amount allowed under the express terms of section 903.28(6), Florida Statutes (1993)....

...rited "an exceptional remedy due to the Defendant's flight from this country" and Appellee's efforts to effect Defendant's return, and that the prosecution's case had not been damaged. The specific authority governing remission of forfeiture here is section 903.28, Florida Statutes (1993), which states: If the defendant surrenders or is apprehended within 2 years after forfeiture, the court, on motion at a hearing upon notice having been given to the county attorney and state attorney ..., may d...

...ant to the jurisdiction of the court have been deducted from the remission and when the delay has not thwarted the proper prosecution of the defendant. "The remission of a forfeiture may not be ordered for any reason other than as specified herein." § 903.28(7), Fla....

...The trial court made proper findings based on the record to warrant some reimbursement to Appellee. Indeed, a surety may be entitled to remission of up to a 100 percent forfeiture where a defendant surrenders or is apprehended "within 90 days after forfeiture." § 903.28(2), Fla....

...367. See also Crompton v. State, Fla.1955, 78 So.2d 692 ; Capitol Indemnity Insurance Company v. State, Fla.1956, 86 So.2d 156 . Reversed and remanded. PEARSON, Acting Chief Judge, CARROLL, CHAS., J., and ODOM, ARCHIE M., Associate Judge, concur. . Section 903.28, Fla.Stat., F.S.A.

...Several days later, the Clerk timely issued a certificate of bond forfeiture. § 903.26(2)(a), Fla. Stat. On the day that the Clerk issued the notice of forfeiture to Palmetto, the defendant's dead body was found in Marion County. Palmetto moved to set aside the forfeiture pursuant to section 903.28(2), contending that it had maintained routine and repeated supervisory contacts with the defendant and his family members to ensure the defendant's court appearance. Palmetto also asserted that it diligently sought the defendant's l...

...Allstar Bail Bonds, 983 So. 2d 1218 (Fla. 5th DCA 2008) (holding that doctrine of impossibility of performance did not apply so as to entitle surety to partial remission of forfeited bond). The trial court agreed with the Clerk. In pertinent part, section 903.28(2) states that: (2) If the defendant surrenders or is apprehended within 90 days after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of the circuit c...

...We have no occasion to address that issue. At the hearing before the trial court, Palmetto relied upon a single general affidavit attached to its motion, made by one of the guarantors, and argument of counsel. This was insufficient to show reversible error on appeal. See § 903.28(8). The affidavit is woefully deficient in relevant facts showing entitlement to remission. Section 903.28(8) requires that: An application for remission must be accompanied by affidavits setting forth the facts on which it is founded; however, the surety must establish by further documentation...

...1) where, as here, the criminal defendant was not surrendered by the surety nor otherwise apprehended, the trial court was without jurisdiction to entertain the application for remission not made “within one year from forfeiture,” as required by Section 903.28, Florida Statutes (1981); (2) even if, arguendo, this statutory limit for applications for remission could be extended by the trial court upon a motion made before expiration of the year, no legally sufficient motion was made within su...

...The court readmitted the defendant to bail and a short time later the defendant was permitted to enter his plea of nolo contendere to the crime originally charged. When the bondsman went to the court to have the forfeited bond remitted this was denied even though Section 903.28, Florida Statutes (1975) says the court shall order the remission unless the delay has thwarted the proper prosecution of the defendant....

...The *247 record discloses no evidence the delay, caused by the defendant's having failed to appear, thwarted the proper prosecution of the defendant. Of course, any disappearance of a defendant delays and thereby somewhat thwarts prosecution but we cannot say every disappearance thwarts prosecution or the statute, Section 903.28, Florida Statutes (1975), would be rendered meaningless....

PER CURIAM. Affirmed. See Section 903.28, Florida Statutes (1977); and Allied Bond Agency, Inc....

remission of the forfeiture of the bonds under section 903.28, Florida Statutes, as the forfeitures had already

...ERND, Chief Judge. Ralph E. Carr appeals a summary final judgment determining that Matthew P. Lammie is entitled to receive funds on deposit in the registry of the court. These funds are the proceeds from the remission of a bail bond forfeiture. See § 903.28, Fla....

...vision of the circuit court regarding who was entitled to the funds. In Carr , we reversed a partial summary judgment entered in this declaratory judgment action that awarded immediate possession of these remission proceeds to Accredited pursuant to section 903.28....

...urety, “whereby the surety guarantees appearance of the accused.” Allegheny Cas. Co. v. State, 850 So.2d 669, 671-72 (Fla. 4th DCA 2003). In order to encourage sureties to pursue and apprehend absconding defendants, even after a bond forfeiture, section 903.28 provides an opportunity for a surety to obtain remission of the bond forfeiture....

...It simply prevented Allstar from being able to mitigate the consequences of its earlier failure to perform. To accept Allstar’s argument would also require us to ignore the Legislature’s determination that remission is not authorized unless the conditions set forth in section 903.28 are met: The remission of a forfeiture may not be ordered for any reason other than as specified herein. § 903.28(7), Fla. Stat. (2005). A court should construe a statute in accordance with its clear and unambiguous language. Holly v. Auld, 450 So.2d 217, 219 (Fla.1984). To date, it appears that Florida courts have recognized only one exception to section 903.28(7); to wit — where the State prevents the surety from producing the defendant....

...rehended within 180 days; up to 90% if the defendant surrenders or is apprehended within 270 days; up to 85% if the defendant is apprehended or surrenders within one year; and up to 50% if the defendant is apprehended or surrenders within two years. Section 903.28(2) — (6). . Section 903.28(6), Florida Statutes (2005) provides: (6) If the defendant surrenders or is apprehended within 2 years after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of the circuit court and the state at...

...ppear so they can commence their efforts to locate him. Thus, the failure to give the statutory notice of forfeiture which prejudices a bondsman’s ability to take the defendant into custody could constitute good cause to remit the forfeiture under Section 903.28_ Id....

conditions of an appearance bond are satisfied”); § 903.28, Fla. Stat. (1999)(trial court may direct remission

...y did not agree to be responsible for the defendant’s appearance under the changed circumstances, it was relieved of the obligation to produce the defendant. Accordingly, the Surety concludes, it is entitled to a full remission of both bonds under section 903.28(1), Florida Statutes (2007). Alternatively, the Surety argues that it is entitled to a partial remission of the forfeitures under section 903.28(6)....

...On remand, the circuit court shall reconsider the Surety’s request for a partial remission and enter an appropriate order remitting a portion of the forfeited amounts to the Surety. Affirmed in part, reversed in part, and remanded -with directions. VILLANTI and LaROSE, JJ., Concur. . Section 903.28(10) provides: "The clerk of the circuit court is the real party in interest *14 for all appeals arising from an action for the remission of a forfeiture under this section.” ....

...In November 1976, Flint’s surety filed a motion to cancel the forfeiture and discharge the bond. At the hearing on the motion the state argued that since more than one year had passed since the bond was forfeited, the surety was not entitled to a remission of the forfeiture pursuant to *483 Section 903.28(1), Florida Statutes (1973)....

...2 The court ruled that by failing to issue the statutorily required notice to the surety to produce Flint for arraignment on April 7, 1975, when the bond was estreated, it was an invalid estreature and, as such, the one year time limitation embodied within Section 903.28(1), Florida Statutes (1973), did not apply....

...The state argues that the trial court’s oral instruction to the surety on March 10 to produce Flint for arraignment on April 7 satisfied the notice requirement of Section 903.26(l)(b), Florida Statutes (1973), thereby validating the forfeiture of the bond and making the one year time limitation of Section 903.28(1) Florida Statutes (1973), applicable to the surety....

...forts expended in arresting the defendant after he failed to appear. The trial court conducted a hearing on the motion. The trial court denied this motion but ordered remission of seventy-five percent of the amount of the appearance bond pursuant to section 903.28(8) of the Florida Statutes (1989). The trial court assessed twenty-five percent of the bond as costs. Jack’s Bail Bonds and Accredited filed a motion for rehearing which was denied by the trial court. This appeal followed. Section 903.28 of the Florida Statutes authorizes the remission of forfeiture: 903.28 Remission of forfeiture; conditions.— * * * * * * (2) If the defendant surrenders or is apprehended within 90 days after forfeiture, the court, on motion at a hearing upon notice having been given to the county attorney and state attorney as...

...rial court to act out of whim or caprice without regard to what is right and just under the circumstances.” Accredited Surety & Casualty Company, Inc. v. State, 418 So.2d at 381 . We note that in this case the trial court did not proceed under section 903.28(2) regarding the amount of the remission and, consequently, the extent or limit of the trial court’s discretion under that section is not before us....

...It is conceded that neither the bondsmen nor the surety apprehended Mrs. Babson, nor do other circumstances exist which place upon the trial court a mandatory duty to direct remission. Any remission to which the appellants may be entitled is dependent upon that portion of F.S. § 903.28, F.S.A., which reads: “After the payment of the forfeiture the court before which the case is pending may, for reasonable cause shown, within one (1) year of the date of forfeiture, direct a remission of forfeiture in whole or in part upo...

...The statute which was construed in that case is similar to the present subsec *143 tion, F.S. § 903.26(6), F.S.A., (1969) and involves discharge of the entire forfeiture although the surety may be required to pay costs and expenses. Unlike the statute involved in the Crompton case, F.S. § 903.28, F.S.A., (1969) comes into play after payment of the forfeiture....

...the ground that Quesada had been apprehended on March 11, 1986. The circuit court granted the motion and entered an order providing for a 70% remission of the forfeited bail bond. The authority of the trial court to order a remission is derived from section 903.28, Florida Statutes (1985)....

...Resolute Ins. Co. v. State, 289 So.2d 456 (Fla. 3d DCA 1974). In this case, the forfeiture was reduced to judgment because of the surety’s failure to pay the forfeiture within the prescribed time period. The trial court incorrectly invoked the provisions of section 903.28 on behalf of the surety where section 903.27 controlled....

(1981). . § 903.27(1), Fla.Stat. (1981). . § 903.28(1), Fla.Stat. (1981). . Allied Fidelity Insurance

...onds and estreatures applies to this cause. We hold that it is immaterial to the issue on this appeal. Each version sets forth requirements that must be met in estreating bonds and in obtaining a remission of the estreatment. Sections 903.25 through 903.28, Florida Statutes 1963, F.S.A., prescribe a period of time during which a forfeiture must be paid, and upon failure to pay same, for proceedings to be taken whereby the circuit court enters judgment, as was done in this case. Section 903.271, Florida Statutes 1963, F.S.A., prohibits a remission when the forfeiture has been reduced to judgment; but this provision is subject to Section 903.28, Florida Statutes 1963, F.S.A., which permits a remission of the forfeiture to be made in those instances where payment of the forfeiture is made within 30 days after entry of the order of estreature and if, within six months after judgment is entered, good cause is shown for such remission....

...Accredited Surety obtained a partial summary judgment by convincing the trial court that it was the only entity entitled to seek the setting aside of the estreature from the criminal court. Athough Accredited Surety apparently had the right to recover the bond proceeds from the state pursuant to section 903.28, Florida Statutes (1999), in the criminal proceedings, this statutory right does not determine who, among the several claimants in this action, is entitled to these funds based upon their contractual arrangements....

...The State argues that the only mechanisms by which the surety can benefit from the late surrender of a defendant are those specified in subsection 903.26(5), Florida Statutes (1987) (surrender or arrest of defendant within 35 days after forfeiture), and section 903.28, Florida Statutes (1987) (remission of forfeiture)....

...reduced to judgment. State ex rel. Metropolitan Dade County v. Quesada, 529 So.2d 792, 793 (Fla. 3d DCA 1988); Resolute Ins. Co. v. State ex rel. Dade County, 289 So.2d 456, 458 (Fla. 3d DCA 1974). American Bankers concedes that sections 903.26 and 903.28 are unavailable to it, but argues that relief is available under subsection 903.27(5), Florida Statutes (1987), which provides: After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bondsman ma...

...Our objective is to reach an interpretation which is in harmony with the statutory scheme. See Smith v. Ryan, 39 So.2d 281, 283 (Fla.1949). In the present case the legislature has enacted detailed statutory provisions dealing with belated surrender. See §§ 903.-26(5)(c), 903.28, Fla.Stat. (1987). Those statutes contain prerequisites which must be satisfied in order to obtain remission of forfeiture and authorize the trial judge to make certain adjustments in the amount of the remission. Section 903.28 establishes a sliding rate scale depending upon the *541 amount of time which has elapsed prior 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....

...In addition to the modification to subsection 903.27(5), the legislature also amended each of the belated surrender provisions just discussed. See ch. 86-151, §§ 8-10, Laws of Fla. In view of the very detailed enactments pertaining to belated surrender which are found in sections 903.26 and 903.28, we conclude that if the legislature had intended belated surrender to be a ground for relief under subsection 903.27(5), then the legislature would have included express language to that effect in the statute....

PER CURIAM. This matter is dismissed without prejudice to file an application for remission pursuant to Section 903.28, Florida Statutes (1983)....

...ture that may have been entered, there are three courses of action the surety may take regarding forfeiture proceedings under chapter 903. We will explain them seriatim. First, the surety may timely pay the forfeiture amount and seek remission under section 903.28....

...ance Regulations, and the applicable county sheriff with two copies of the judgment and a certificate stating that the judgment remains unsatisfied. § 903.27(1), (3), Fla. Stat. (2011). Here, Polakoff did not file a motion for remission pursuant to section 903.28(1) *257 or a motion to set aside judgment pursuant to the pertinent provisions of section 903.27....

...v. State, 760 So.2d 299 , 300 n. 1 (Fla. 3d DCA 2000) (noting the amendment). . Within this two-year period, the surety may seek various levels of partial repayment depending on the timeframe of the principal’s surrender after the forfeiture. See § 903.28(2)-(6), Fla. Stat. (2011). The application must be accompanied by- supporting affidavits and the clerk and the state attorney must be given twenty days’ notice before the application may be heard. See § 903.28(8), Fla. Stat. (2011). The clerk of the circuit court is the real party interest in appeals arising from forfeiture proceedings. § 903.28(10), Fla....