How to File a Motion to Reinstate Bond in Florida

To file a motion to reinstate bond in Florida, you ask the court to either discharge the forfeiture under Section 903.26 or remit a portion of the forfeited money under Section 903.28. Discharge wipes the forfeiture out entirely but must be requested within 60 days of the date the clerk mailed the forfeiture notice. Remission returns a percentage of the money on a sliding scale and remains available for up to two years. Which path fits depends on why the defendant missed court, how quickly the defendant is back in custody, and how much of the 60-day window is left.

First, Check Whether the Forfeiture Is Even Valid

Before drafting anything, look at whether the statutory prerequisites for forfeiture were actually met. A bond cannot be forfeited unless two things were true at the time of the missed appearance: the charging document was filed within six months of the defendant’s arrest, and the clerk gave the surety at least 72 hours’ notice of the required court date, excluding weekends and holidays. The notice requirement does not apply if the appearance date fell within 72 hours of arrest or if the date was stated on the bond itself.¹

If either prerequisite was missing, the forfeiture itself is open to challenge. That is a stronger position than arguing a statutory ground for discharge, because you are not asking the court to excuse a missed appearance; you are showing the forfeiture should not have been entered at all.

Discharge Under Section 903.26

Florida law lists four situations in which the court must discharge a forfeiture. These grounds are not discretionary. Prove one applies and the judge is required to grant relief, provided the motion is filed within 60 days of the date the forfeiture notice was mailed.

Impossibility. The defendant could not appear as required, or within 60 days after the missed date, because of circumstances beyond the defendant’s control. The statute specifically excludes adverse economic consequences as a basis.¹
Confinement, deportation, or death. At the time of the required appearance or within 60 days after, the defendant was confined in a hospital, institution, or any county, state, federal, or immigration detention facility, was deported, or is deceased.
Surrender or arrest within 60 days. The defendant was surrendered or arrested within 60 days and a hold was placed to return the defendant to the court’s jurisdiction. The surety will be required to pay the costs of return.
State refuses extradition. The surety agent requested that the state extradite the defendant and the state declined within 30 days. The surety must agree to pay all return costs up to the full bond amount.

There is one narrow timing exception worth knowing. If the defendant shows up later on the same day as the scheduled hearing, the judge has discretion to set aside the forfeiture. An appearance even one day late does not qualify; the clerk must enter the forfeiture regardless of any subsequent appearance.¹

Automatic Discharge With No Hearing

In some cases, no motion is needed at all. If the defendant is arrested and returned to the county where the case is pending, or posts a new bond for the same case before a judgment is entered on the forfeiture, the clerk must discharge the forfeiture once the sheriff or chief correctional officer confirms the return. The one catch: if the surety agent does not pay the costs of returning the defendant, the clerk will refuse to discharge it.¹

Remission Under Section 903.28

When the 60-day discharge window has passed or the circumstances do not fit the four grounds, remission is the remaining path. Remission does not erase the forfeiture. It returns a percentage of the forfeited money based on how quickly the defendant is brought back to court.

Within 90 days of forfeiture: up to 100%²
Within 180 days: up to 95%
Within 270 days: up to 90%
Within 1 year: up to 85%
Within 2 years: up to 50%

The maximum at each tier depends on the surety’s role. A surety that apprehended and surrendered the defendant, or substantially caused the defendant’s return, qualifies for the full percentage. Even when the surety played no role, remission is still available; the costs of bringing the defendant back are simply deducted. In either case, the delay cannot have interfered with the prosecution.²

Separately, if the court determines there was no breach of the bond at all, full remission is required on an application filed within two years. That covers forfeitures entered in error and situations where the defendant did appear but the clerk’s records did not reflect it.

What to Put in the Motion

The motion needs the case number, the court, the date the forfeiture was entered, and the specific statutory basis for relief. Whether you are seeking discharge under 903.26 or remission under 903.28 matters, because the standards and the attachments differ. State the request clearly.

For a Discharge Motion

The argument must match one of the four grounds. A medical emergency has to be shown as genuinely preventing appearance, not merely inconveniencing it. Attach hospital records, physician statements, or discharge summaries identifying the treating provider, the dates of treatment, and the reason the condition kept the defendant from court. A note saying the defendant “was ill” rarely persuades a judge.

If the defendant was in custody elsewhere, whether in another county’s jail, a federal facility, or immigration detention, obtain booking records or custody verification showing the dates. For a defendant who was surrendered or arrested within the 60-day window, include proof of the arrest or surrender and documentation that a hold was placed to return the defendant to the originating court.

Address the defendant’s overall compliance record and propose specific conditions for future release: electronic monitoring, more frequent check-ins with pretrial services, passport surrender, or a higher bond amount. Judges are more willing to discharge when the record shows the missed appearance was an isolated event.

For a Remission Application

Support the application with affidavits laying out the underlying facts. If the surety located and returned the defendant, the affidavits should document those efforts, such as hiring investigators, contacting family, or coordinating with law enforcement. Active surety involvement can be the difference between receiving the full percentage for the tier and having transportation costs deducted.² The application must also show the delay did not interfere with the prosecution.

Where to File and Who to Serve

File the motion with the Clerk of Court in the circuit where the criminal case is pending. Serve a copy on the State Attorney’s Office. If a surety bond was involved, the bonding agent and surety company also need copies.

Remission applications have a specific notice rule. The clerk of the circuit court and the state attorney must receive at least 20 days’ notice before the hearing, along with copies of all papers and affidavits.² Missing that notice can delay or sink the application.

Given the 60-day discharge deadline, file and request a hearing as early as possible. Courts will not take the motion up until all required parties have been properly notified.

What Happens at the Hearing

The movant carries the burden. For discharge, that means showing the facts fall squarely within one of the four enumerated grounds. For remission, it means establishing the timeline and the surety’s efforts through affidavits and supporting documents.

The State Attorney typically opposes reinstatement, arguing the missed appearance shows a flight risk or that the delay has prejudiced the prosecution. The judge weighs the pretrial release factors in Florida Rule of Criminal Procedure 3.131, including community ties, employment, prior history of missed appearances, the nature of the current charges, and any danger posed by release.³ Bring documentation, not just narrative.

Possible Outcomes

If discharge is granted, the forfeiture is reversed and the bond is restored. The defendant may be released, often under stricter conditions than the original bond. Expect some combination of a higher bond amount, GPS or electronic monitoring, more frequent reporting to pretrial services, passport surrender and travel restrictions, or a curfew or house arrest.

If remission is granted, the surety recovers a percentage of the forfeited money according to the sliding scale; whether the defendant is released depends on whether a new bond is set.

If the motion is denied, the defendant stays in custody and the forfeiture stands. Even after a denial, the remission path under 903.28 may still be available if the defendant is returned to custody within two years.

If You Co-Signed or Posted Cash

An indemnitor who co-signed a bail bond is financially on the hook when the defendant fails to appear. Liability can extend to the full face value of the bond plus the bail bond company’s expenses in locating and returning the defendant, including investigator fees and transportation. The practical lesson is simple: getting the defendant back in front of the judge quickly is the single most effective way to limit exposure, because every day moves you down the remission schedule toward a smaller recovery.

Cash bonds work under the same forfeiture process, but the money at stake is the money actually posted; there is no surety absorbing the loss. Even when a cash bond is eventually returned after the case concludes, the clerk can withhold funds to cover unpaid court costs, prosecution costs, representation costs, court fees, and criminal penalties. All cash bond forms in Florida must display a notice explaining that funds are subject to forfeiture and withholding regardless of who posted them.⁴ A third party who posted cash for someone else can still lose money to the defendant’s court debts.

1
Florida Senate. Florida Code 903.26 – Forfeiture of the Bond; When and How Directed; Discharge; How and When Made; Effect of Payment
2
Florida Senate. Florida Code 903.28 – Remission of Forfeiture; Conditions
3
Florida Courts. Florida Rule of Criminal Procedure 3.131 – Pretrial Release
4
The Florida Senate. Florida Code Chapter 903 – Bail