Surety’s Application for Remission

The attorneys at Sammis Law Firm represent a bail bond companies or sureties when filing an application for remission of a bond forfeiture or on appeal if the motion is denied. The courts have no discretion to deny a properly filed “application for remission” if the surety meets the statutory requirements for 100% remission of the bond posted on behalf of a defendant.

Bail bond companies post appearance surety bonds. If the defendant fails to appear in court, then the defendant breaches a condition of his bond. The bail bond company is then sent a notice of forfeiture by the clerk’s office. Thereafter, the court will issue a capias for the defendant’s arrest.

Depending on the circumstances, the bail bond company or surety must then pay the forfeiture in a timely manner before seeking remission of the bond. The remission is based on a showing that it substantially attempted to procure or cause the apprehension or surrender of the defendant by staying in contact with law enforcement, providing information regarding the defendant’s whereabouts, and inspecting his known addresses.

Along with the application for remission, the attorney for the bail bond company can request a hearing and file an affidavit in support of remission. If the defendant is being held on criminal charges in another county, the bail bond company can file a motion to transfer the defendant back to court.

Florida’s Remission Statute – Section 903.28

The applicable remission statute is section 903.28(2), Florida Statutes, provides, in part:

(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 court and the state attorney as required in subsection (8), shall direct remission of up to, but not more than, 100 percent of a forfeiture if . . . 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.

An application for remission should be accompanied by an affidavit setting forth the facts on which it is founded as required by Section 903.28(8). The statute requires that the surety “establish by further documentation or other evidence any claimed attempt at procuring or causing the apprehension or surrender of the defendant.” § 903.28(8), Fla. Stat. (2018).

The surety has the burden to show “a substantial attempt to procure the return of the defendant and that any delay has not thwarted proper prosecution.” Accredited Sur. & Cas. Co. v. Putnam Cty., 528 So. 2d 430, 431 (Fla. 5th DCA 1988).

In most cases, the surety will meet this burden by listing the specific efforts it made in its attempt to procure the defendant’s return. For example, in Palmetto Sur. Corp. v. State, 148 So. 3d 517 (Fla. 2d DCA 2014) the court held that when the surety provided only counsel’s argument at a hearing and a general affidavit “woefully deficient in relevant facts showing entitlement to remission,” the trial court did not abuse its discretion in denying the surety’s application for remission based on its attempt to procure defendant.

That result can be avoided by petitioning the court for a transfer of an inmate being held in another jurisdiction. If the surety makes the effort and provides the proper documentation, then the State is often unable to allege that any delay thwarted the proper prosecution of the case.

A bail bond is “canceled” when the conditions of the bond have been satisfied or the term of the bond, which is 36 months after such bond was posted for the release of a defendant, has expired. See Florida Statute Section 903.31(1), F.S. The conditions of the bond are considered satisfied once the defendant’s court case has concluded through a plea, trial, or dismissal of the defendant’s court case.

Procedures for Remission of Forfeiture

If a defendant who failed to appear for a court proceeding surrenders or is apprehended within specified a time frame and the agent apprehended and surrendered the defendant, substantially procured or caused the defendant to be apprehended and surrendered, or paid the costs to return the defendant to the court’s jurisdiction, and such delay did not thwart the proper prosecution of the defendant, the court must remit to the agent a specified percentage of the forfeiture as follows:

Policy Considerations Favoring Sureties

The courts have found that statutes governing bail bonds “should be construed liberally to favor sureties, since justice does not favor forfeiture.” Bd. of Comm’rs of Brevard v. Barber Bonding Agency, 860 So. 2d 10, 12 (Fla. 5th DCA 2003) (citations omitted), since a liberal interpretation in favor of sureties:

• saves the state the expense and burden of keeping an accused in jail pending trial;
• promotes an accused’s liberty interest consistent with the presumption of innocence; and
• provides incentives to sureties to offer bails bonds and to pursue those who flee the jurisdiction.

The attorneys at Sammis Law Firm can represent a surety for any application for remission.

Call 813-250-0500.

Sample Petition for Remission

One of the best ways to understand how sureties can petition the court for remission of forfeiture so the court can enter an order granting remission of the paid forfeiture (with the surety paying any reasonable costs authorized by sections 938.01(1) and 943.25, Florida Statutes, and any costs to the State, Sheriff, and Clerk recoverable in accordance with chapter 903) is to read a sample or template for the surety’s Application for Remission.

IN THE _____________ COURT OF THE __________ JUDICIAL CIRCUIT
IN AND FOR _______ COUNTY, FLORIDA
CRIMINAL DIVISION

STATE OF FLORIDA,

vs.

_____________,

DEFENDANT.

CASE NO:

DIVISION:

BOND POWER NUMBER(S):

___________________________________/

APPLICATION FOR REMISSION OF BOND FORFEITURE(S) [Section 903.28, Florida Statutes]

COMES NOW, Petitioner, ________________________, through the undersigned attorney, applies to the court for remission of the forfeiture of bond money paid in this case pursuant to section 903.28, Florida Statutes, and as grounds therefore states the following:

1. The bail bond agent posted the following bond(s) for the above-named defendant:
   Charge      Amount      Power Number
   ________________________________ $_____________ ________________________
   ________________________________ $_____________ ________________________
   ________________________________ $_____________ ________________________
   ________________________________ $_____________ ________________________
2. Because of the non-appearance of the defendant, the bond(s) in this case was/were forfeited on ____________________ ____, 20____. A copy of the Notice(s) of Forfeiture is/are attached as Exhibit “A.”
3. On ____________________ ____, 2026, Petitioner paid the bond in this cause as evidenced by the Clerk’s receipt of payment, a redacted copy of which is attached hereto as Exhibit “B.”
4. After the bond was forfeited, the defendant was apprehended or surrendered. A copy of the admissible evidence of apprehension or surrender is attached hereto as Exhibit “C.”
5. The defendant was apprehended or surrendered as follows (check one):
   • Petitioner surrendered defendant on _____________ ___, 2026. An affidavit setting forth the facts is attached hereto as Exhibit “D.”
   • The defendant was apprehended by _________________________ (agency) on ____________________ ____, 2026. An affidavit setting forth the facts is attached hereto as Exhibit “D1.”
6. A Final Judgment of Bond Forfeiture (check one):
   • Has not been entered in this case.
   • Was entered on ____________________ ____, 2026, and the Final Judgment of Bond Forfeiture was set aside by order of the court on ________________________, 20____, a copy of which is attached hereto as Exhibit “E.”
7. The ________ County Sheriff’s Office incurred $__________ in transportation costs and expenses in this matter.
8. Pursuant to section 903.28, Florida Statutes, the bail bond agent is seeking remission of funds up to ____ % of the bond as the defendant was arrested within ____ days from the date of forfeiture.
9. Petitioner asserts that this Application for Remission for Forfeiture is being filed within two years from the date of forfeiture and that there has been no breach of the bond.

WHEREFORE, Petitioner applies for remission of forfeiture and requests this court to enter an Order granting remission of the paid forfeiture(s) on the condition that Petitioner shall pay
all costs authorized by sections 938.01(1) and 943.25, Florida Statutes, and any costs to the State, Sheriff, and Clerk recoverable in accordance with chapter 903.

Dated: _______________ ____________________________________
Attorney Signature
Printed Name: ________________________
Florida Bar Number: ___________________
Address: ____________________________
City, State, Zip: _______________________
Telephone: __________
Email: ______________________________
________________

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing document has been furnished by mail or through the e-filing portal by e-service to the State Attorney’s Office at __email______, _____address____, , and the Clerk’s Attorney at
_____email______, Attention: Clerk’s Legal Department, ____address______, this the _____ day of ____________________, 2026.

______________________________
Attorney Signature

This article was last updated on Friday, April 3, 2026.