State ex rel. Gardner v. Allstar Bail Bonds

The issue in this case is whether the death of the defendant prior to expiration of the time limitation for remission of a forfeited bond under section 903.28(6), Florida Statutes, precludes the surety from obtaining remission under the statute when the surety made every reasonable effort to find and apprehend the defendant after he failed to appear. The majority interprets section 903.28(6) to mean that when a defendant dies, so too does the surety’s right to remission. I disagree. In my view, this interpretation is contrary to firmly established precedent that requires the statute to be…