Florida Bail Bond Law FAQ
Statutory language, bench-warrant decision trees, and jail intake compliance guidance.
Florida Bail Bond Statutes
1. What is bail under Florida law?
Bail is the security given to ensure a defendant’s appearance in court.
Statutory text – § 903.01(1), Florida Statutes:
“All persons shall be bailable by sufficient sureties, except for capital offenses when the proof of guilt is evident or the presumption is great.”
2. What forms of release qualify as bail in Florida?
Bail includes surety bond, cash bond, recognizance, monitored release, and pretrial services.
Statutory text – § 903.011, Florida Statutes:
“For purposes of this chapter, ‘bail’ includes any form of pretrial release, including cash bond, surety bond, release on recognizance, or release to a pretrial services program.”
3. Who may execute a bail bond in Florida?
Only a licensed and appointed surety agent may execute a bail bond.
Statutory text – § 648.38(1), Florida Statutes:
“No person shall act as a bail bond agent unless licensed by the department and appointed by a surety insurer authorized to write bail bonds in this state.”
4. What is the legal nature of a bail bond?
A bail bond is a contractual obligation to the State of Florida.
Statutory text – § 903.05, Florida Statutes:
“The undertaking of bail binds the defendant to appear… and binds the sureties to pay the amount of the bond if the defendant fails to appear.”
5. What happens when a defendant fails to appear?
The court must forfeit the bond and issue a warrant.
Statutory text – § 903.26(1)(a), Florida Statutes:
“If the defendant fails to appear at the time and place appointed for trial or other proceeding… the court shall declare the bond forfeited.”
6. Is a bench warrant required after failure to appear?
Yes.
Statutory text – § 903.26(1)(b), Florida Statutes:
“The clerk of the court shall issue a warrant for the arrest of the defendant.”
7. How long does a surety have to surrender a defendant after forfeiture?
Sixty (60) days.
Statutory text – § 903.26(2)(a), Florida Statutes:
“The surety may surrender the defendant within 60 days after the forfeiture…”
8. When must a forfeiture be set aside?
If the defendant is surrendered or legally accounted for within the statutory period.
Statutory text – § 903.26(5), Florida Statutes:
“The court shall set aside a forfeiture if the defendant is surrendered or if the forfeiture is not required by law.”
9. What if the defendant is jailed in another jurisdiction?
Forfeiture may be set aside or remitted.
Statutory text – § 903.26(5)(d), Florida Statutes:
“If the defendant is incarcerated in any jurisdiction within or outside this state, the court shall set aside the forfeiture.”
10. What is remission of a bond forfeiture?
A return of forfeited funds after payment, based on justice and costs.
Statutory text – § 903.28(1), Florida Statutes:
“After a judgment for forfeiture has been paid, the court may grant remission in whole or in part.”
11. May a surety arrest or surrender the defendant?
Yes.
Statutory text – § 903.22(1), Florida Statutes:
“The surety may arrest the defendant before forfeiture of the bond for the purpose of surrendering the defendant.”
12. Is a surety required to pay the bond if forfeiture is final?
Yes.
Statutory text – § 903.27(1), Florida Statutes:
“If the forfeiture is not discharged, the clerk shall enter a judgment against the surety for the amount of the bond.”
13. When is a bond discharged?
When the defendant complies and the case is resolved or the court orders discharge.
Statutory text – § 903.31(1), Florida Statutes:
“When the condition of the bond has been satisfied or the forfeiture set aside, the court shall discharge the bond.”
14. Can collateral be required?
Yes.
Statutory text – § 648.442(1), Florida Statutes:
“A bail bond agent may accept collateral security in connection with a bail bond.”
15. When must collateral be returned?
Within 21 days after discharge.
Statutory text – § 648.442(3), Florida Statutes:
“Collateral shall be returned within 21 days after the bond is discharged.”
16. Can bond be revoked for violating conditions?
Yes.
Statutory text – § 903.0471(1), Florida Statutes:
“The court may revoke pretrial release if the defendant materially violates the conditions of release.”
17. Are bail bond agents regulated?
Yes, by the Department of Financial Services.
Statutory text – § 648.30, Florida Statutes:
“The department shall administer and enforce the provisions of this chapter.”
18. Is solicitation inside jails prohibited?
Yes.
Statutory text – § 648.44(1)(b), Florida Statutes:
“Soliciting bail bond business in or about any jail or courthouse is prohibited.”
19. What happens if a bondsman does not pay a forfeiture?
Disciplinary action may occur.
Statutory text – § 648.45(1), Florida Statutes:
“The department may suspend or revoke the license of any bail bond agent for failure to comply with the law.”
20. Can bail be set before formal charges?
Yes, after arrest unless prohibited.
Statutory text – § 903.01(2), Florida Statutes:
“A defendant may be admitted to bail at any stage of the proceeding unless otherwise prohibited by law.”
Bench Warrant and FTA Decision Trees
Q1. What is the first question jail intake must determine when a defendant is booked on a bench warrant?
Whether the bench warrant was issued due to a failure to appear.
Statutory text – § 903.011, Florida Statutes:
“For purposes of this chapter, ‘bail’ includes any form of pretrial release…”
This determination controls whether the defendant was previously on bail.
Q2. Why is it necessary to determine whether the defendant was on bail at the time of the failure to appear?
Because failure to appear while on bail authorizes detention for first appearance.
Statutory text – § 903.011, Florida Statutes:
“If a defendant fails to appear at any court proceeding while on bail, the defendant may be held for first appearance.”
Q3. What qualifies as bail for purposes of an FTA analysis?
Cash bond, surety bond, recognizance, monitored release, or pretrial services release.
Statutory text – § 903.011, Florida Statutes:
“‘Bail’ includes any form of pretrial release, including cash bond, surety bond, release on recognizance, or release to a pretrial services program.”
Q4. If a defendant failed to appear while on recognizance, does this count as failing to appear while on bail?
Yes.
Statutory text – § 903.011, Florida Statutes:
“‘Bail’ includes… release on recognizance…”
Q5. If the defendant failed to appear but was released by summons or notice to appear, were they on bail?
No, unless a court-imposed bail condition existed.
Statutory text – § 903.011, Florida Statutes:
“‘Bail’ includes any form of pretrial release…”
A summons or notice to appear issued by law enforcement alone is not bail.
Q6. What must occur if jail staff cannot verify whether the defendant was on bail at the time of the FTA?
The defendant should be scheduled for first appearance.
Statutory text – § 903.011, Florida Statutes:
“The defendant may be held for first appearance.”
Q7. Is CJIS always sufficient to determine whether a defendant was on bail?
No.
Statutory basis: § 903.011 requires determination of bail status, not CJIS availability. If bail status cannot be verified, detention for first appearance is permitted.
Q8. Does failure to appear automatically result in bond forfeiture?
Yes, if the defendant was on bail.
Statutory text – § 903.26(1)(a), Florida Statutes:
“If the defendant fails to appear… the court shall declare the bond forfeited.”
Q9. Is a bench warrant mandatory after an FTA?
Yes.
Statutory text – § 903.26(1)(b), Florida Statutes:
“The clerk of the court shall issue a warrant for the arrest of the defendant.”
Q10. Does § 903.011 authorize jail staff to release a defendant who failed to appear while on bail?
No.
Statutory text – § 903.011, Florida Statutes:
“The defendant may be held for first appearance.”
Jail Intake Compliance Checklist
Q11. When booking on a bench warrant, what is the first statutory compliance step?
Verify whether the warrant resulted from a failure to appear.
Statutory basis: § 903.011 requires bail-status determination before release decisions.
Q12. What is the second required compliance determination?
Whether the defendant was on bail at the time of the failure to appear.
Statutory text – § 903.011, Florida Statutes:
“‘Bail’ includes any form of pretrial release…”
Q13. What forms of release must jail staff check for bail status?
Cash bond, surety bond, recognizance, monitored release, and pretrial services.
Statutory text – § 903.011, Florida Statutes:
“Including cash bond, surety bond, release on recognizance, or release to a pretrial services program.”
Q14. If jail staff confirm the defendant failed to appear while on bail, what is required?
The defendant must be held for first appearance.
Statutory text – § 903.011, Florida Statutes:
“The defendant may be held for first appearance.”
Q15. If bail status cannot be confirmed due to missing records, what is the compliant action?
Schedule the defendant for first appearance.
Statutory basis: § 903.011 permits detention when bail status cannot be ruled out.
Q16. May jail staff rely solely on CJIS to verify bail status?
No. CJIS limitations do not override statutory duties.
Statutory basis: § 903.011 requires determination of bail status, regardless of data availability.
Q17. If the defendant was only issued a summons and never released on bail, may they be released?
Yes, unless another lawful hold exists.
Statutory text – § 903.01(1), Florida Statutes:
“All persons shall be bailable by sufficient sureties…”
Q18. Is a first appearance mandatory after an FTA while on bail?
Yes.
Statutory text – § 903.011, Florida Statutes:
“The defendant may be held for first appearance.”
Q19. Does § 903.011 give jail staff discretion to ignore an FTA?
No.
Statutory effect: The statute authorizes detention; ignoring it exposes the agency to liability.
Q20. Why is documenting each compliance step critical?
Because improper release after an FTA while on bail violates § 903.011 and may result in public safety and legal exposure.
Statutory anchor: § 903.011 establishes the legal duty to determine bail status before release.