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5 verbatim requirements on exhibits & evidence.
Eighth Judicial Circuit — DIVISION/CIRCUIT-WIDE - Criminal only. Practices change without notice; the court's own published text controls. Procedural information only; not legal advice.
Verbatim from the published source, captured 2026-07-24; whitespace normalised only. No OCR was used. • AO 4.06 (v2) Page 2 Bail Bond Actions Effective: November 14, 2012 3. In all civil proceedings, the party seeking relief is responsible for taking any action needed in order to obtain the relief requested. When a request for relief on a bond forfeiture or exoneration issue is filed, it is the responsibility of the surety to present the proposed order to the court, and to take any other action needed in order to bring the matter before the appropriate judge, including obtaining consents, or setting a hearing if consents cannot be timely obtained. 4. When a pleading is presented to the court, and the matter is ready for ex parte action by the court, the court will enter a timely ruling. Pleadings include motions, petitions, applications, and all other writings which request action by the court. 5. Blanket bonds are prohibited. A blanket bond is a single bail bond that provides for release of a defendant in more than one case. Any judge setting or granting monetary bail shall set a separate and specific bail amount for each charge or offense. When bail is posted, each charge or offense requires a separate bond. § 903.02(4), Fla. Stat. B. Transportation Expenses 1. When proof of payment of transportation expenses is required in any proceeding under Chapter 903, Florida Statutes, the surety may provide such proof by filing an affidavit substantially similar in form to Exhibit “A” attached to this order, which form may be revised from time to time by the Administrative Judge of the Criminal Division of the Eighth Judicial Circuit. 2. A determination of whether transportation expenses are due for transports taking place within the Eighth Judicial Circuit is dependent on the type of proceeding involved and the statutory requirements for that proceeding. When the surety is required by statute to provide transportation to the “jurisdiction of the court” and the case is a circuit court case in the Eighth Judicial Circuit, the surety is not required to pay the costs of transporting the defendant between counties within the Eighth Judicial Circuit. • AO 4.06 (v2) Page 4 Bail Bond Actions Effective: November 14, 2012 Frontier Ins. Co. v. State , 760 So. 2d 299 (Fla. 3d DCA 2000) (court loses jurisdiction to discharge after sixty (60) days). 2. The Clerk of Court in any county of the Eighth Judicial Circuit where a criminal case is pending may discharge a forfeiture if the surety files in that county an affirmation from the Sheriff or chief correctional officer of that county stating that the defendant has been arrested and returned to the county where the case is pending, and that the costs incurred in returning the defendant to that county have been paid. § 903.26(8), Fla. Stat. The defendant must be incarcerated in that county, and the affirmation must be substantially similar in form to Exhibit “B” attached to this order, which form may be revised from time to time by the Administrative Judge of the Criminal Division. 3. When the State Attorney files a dismissal, nolle prosequi, or a no- information, the Clerk of Court is authorized to discharge a forfeiture on the dismissed case under section 903.26(8), Florida Statutes, until the time for filing for remission under section 903.28, Florida Statutes, has expired. E. Setting Aside Forfeiture 1. The setting aside of a bond forfeiture is an equitable proceeding. When a forfeiture is set aside (as opposed to discharged), the parties are returned to pre-forfeiture status and the bond remains intact. See Bush v. International Fidelity , 834 So. 2d 212 (Fla. 4th DCA 2002), review denied, 847 So. 2d 976 (Fla. 2003); Fla. R. Civ. P. 1.540(b)(5). 2. Any party to the bond contract may petition the court to set aside a forfeiture within 60 days of the forfeiture. The petition to set aside forfeiture does not toll the statutory 60-day period for entry of a judgment provided in section 903.26(2)(a), Florida Statutes. See Frontier v. State , 760 So. 2d 299 (3d DCA 2000). 3. The foregoing procedures concerning the set aside of a bond forfeiture in connection with the quashing of a capias are discretionary. If for any reason the court does not simultaneously resolve the bond forfeiture in conjunction with the capias proceeding, any party • AO 4.06 (v2) Page A-i Bail Bond Actions Effective: November 14, 2012 Exhibit “A”: Affidavit of Costs on Bond Forfeiture EXHIBIT “A” IN THE COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA STATE OF FLORIDA Plaintiff vs. / Defendant. CASE NO.: DIVISION: AFFIDAVIT OF COSTS ON BOND FORFEITURE I, , being sworn, certify that the following statements are true: 1. I am the surety or bond agent on Bond Power . 2. The bond was forfeited on . 3. The Defendant has been returned to the jurisdiction of County, and I am entitled to a discharge of the bond, on the condition that I provide proof by affirmation of the Sheriff that the transportation costs have been paid. 4. All costs due to the Sheriff of County, in the amount of $ , for the transportation of the Defendant, as required under section 903.26(8), Florida Statutes, have been paid in full. _____________________________________________ Surety or Bond Agent STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me on by , who is personally known to me, or who produced as identification, and who did take an oath. _____________________________________________ Notary Public, State of Florida _____________________________________________ Print or stamp commissioned name of notary. • AO 4.06 (v2) Page B-i Bail Bond Actions Effective: November 14, 2012 Exhibit “B”: Sheriff’s Affirmation EXHIBIT “B” SHERIFF’S AFFIRMATION Pursuant to section 903.26(8), Florida Statutes [Every Sheriff or correctional institution in every county within the Eighth Judicial Circuit may modify this form for use in the circuit. All blanks for the County and Sheriff should match.] Name of Defendant: Court Case No.: County of Case: Bond Power No.: I, , a duly appointed Deputy Sheriff or otherwise authorized employee of the County Sheriff’s Office, do hereby affirm that the following is true and correct: The Defendant was returned on to the jurisdiction of County by the following method (check one): Transport from outside County by the County Sheriff’s Office or a private transport company (receipt attached) Transport from within County by the County Sheriff’s Office (no fee) Surrender at County’s detention center, transported by the surety agent (no fee) Other: _____________________________________________ Deputy Sheriff or Authorized Employee STATE OF FLORIDA COUNTY OF The foregoing Sheriff’s Affirmation was acknowledged before me on by , who is personally known to me, or who produced as identification, and who did take an oath. _____________________________________________ Deputy Sheriff/Notary Public, State of Florida • AO 4.06 (v2) Page C-i Bail Bond Actions Effective: November 14, 2012 Exhibit “C”: Order Quashing Capias EXHIBIT “C” IN THE COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA STATE OF FLORIDA Plaintiff vs. / Defendant. CASE NO.: ORDER QUASHING CAPIAS Upon Motion for an Order Quashing Capias ordered/issued on for failure to appear for , the Court having considered said Motion, it is ORDERED AND ADJUDGED that the Capias is quashed and the corresponding forfeiture, if any, is set aside with the bond remaining in effect. ORDERED on this day of , 20 . Circuit/ County Court Judge Copies furnished to: Assistant State Attorney Assistant Public Defender Alachua County Department of Corrections
AO 4.06 (v2) Page 2 Bail Bond Actions Effective: November 14, 2012 3. In all civil proceedings, the party seeking relief is responsible for taking any action needed in order to obtain the relief requested. When a request for relief on a bond forfeiture or exoneration issue is filed, it is the responsibility of the surety to present the proposed order to the court, and to take any other action needed in order to bring the matter before the appropriate judge, including obtaining consents, or setting a hearing if consents cannot be timely obtained. 4. When a pleading is presented to the court, and the matter is ready for ex parte action by the court, the court will enter a timely ruling. Pleadings include motions, petitions, applications, and all other writings which request action by the court. 5. Blanket bonds are prohibited. A blanket bond is a single bail bond that provides for release
Reviewer note: Source sha256: 972c9d56db9ea484f318a16efb863049f7dbe5911b0b670ed763deae7aaabf88. Corpus categories: PROPOSED_ORDERS | EXHIBITS, EXHIBITS. Operative status as recorded: CURRENT_DIRECTORY_CURRENT_VERSION. Published during the 2026-07-24 completeness pass.
Judge Sherman requires TWO identical bound hard-copy sets of pre-marked exhibits for evidentiary hearings at least 7 days out — and anything over 50 pages must arrive as bound hard copies by mail.
Judge Hafele: exhibits in chambers three days before any evidentiary proceeding, courtesy copies two days out, all hearing materials three business days ahead, and interpreter requests seven days in advance.
Judge Mullinax wants physical copies of all documents and exhibits for in-person hearings/trials provided five days in advance; orders in Word (no macros/columns/tabs) within 48 hours, final judgments with a 3-inch top-right margin.