warrant issued and the bond estreated. Several days later, the Clerk timely issued a certificate of bond forfeiture. § 903.26(2)(a), Fla. Stat. On the day that the Clerk issued the notice of forfeiture to Palmetto, the defendant’s dead body was found in Marion County. Palmetto moved to set aside the forfeiture pursuant to section 903.28(2), contending that it had maintained routine and repeated supervisory contacts with the defendant and his family members to ensure the defendant’s court appearance. Palmetto also asserted that it diligently sought the defendant’s location and, on the same date as the notice of forfeiture issued, learned the defendant was dead. The Clerk opposed Palmetto’s motion, relying on State v. Sunshine State Bail Bonds, Inc., 967 So.2d 1084 (Fla. 2d DCA 2007) (<HOLDING>), and State ex rel. Gardner v. Allstar Bail
holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety holding that substantial attempts by surety may entitle it to remission of bond forfeiture holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation holding that doctrine of impossibility of performance did not apply so as to entitle surety to partial remission of forfeited bond holding that surety was not entitled to remission or excused of its obligation to take precautionary action to prevent defendant from leaving jurisdiction doctrine of impossibility of performance did not apply to the circumstances presented