Forfeitures, Surrenders, and Bond Reinstatement
The forfeiture clock
When a defendant fails to appear, section 903.26, Florida Statutes, controls. The court orders the bond forfeited and the clerk sends notice to the surety and its agent. From that point the clock matters: the surety generally has 60 days to file a motion to set aside the forfeiture, typically by producing the defendant or showing a legal excuse. If the forfeiture is not discharged, the clerk enters judgment against the surety under section 903.27, and the amount plus costs becomes collectible.
Section 903.28 provides remission: after judgment, the surety may ask the court to remit part or all of the forfeiture if the defendant is later produced. Remission is graded by how quickly the defendant is surrendered - the faster the production, the larger the remission - and the court retains discretion. Confirm the current statutory percentages and deadline before answering any calculation question.
Surrender
The surety may surrender the defendant before a breach and be exonerated; that is the always-available remedy when a client becomes a flight risk. Surrender after a failure to appear can discharge or reduce a forfeiture. Follow the statute on where and how to deliver the defendant and what notice to file.
Traps
Assuming the bondsman must pay the moment a defendant misses court; missing the 60-day motion window; believing a fugitive's later arrest automatically refunds everything; confusing exoneration (no liability) with remission (partial recovery after liability has attached).
Rule of thumb
Sixty days to act, a statutory window to seek remission, and time is the discount rate. Calendar the forfeiture date immediately, and if the client's whereabouts are unknown, open the recovery file the same day.