903.28 Remission of forfeiture; conditions. 1) On application within 2 years from forfeiture, the court shall order remission of the forfeiture if it determines that there was no breach of the bond. (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….
Maybe it’s me, but how would the surety ever be entitled to more than 100 percent of the forfeiture. “Hey, since you paid the bond for the Defendant’s failure to appear and he was apprehended within ninety (90) days we’re
going to give you more money back than you paid. It’s a tip.” Perhaps the statute should remove these words: but not more than… Really, who writes these statutes?