About Bail Bond in Florida

Last updated Sunday, March/24/2019

Function

Ordinarily, bail bond agents charge a person under arrest and/or in custody 10 percent to 15 percent of the face amount of the person's bail. Say for example a person is charged with burglary of a residence that is a felony offense and the bail is set at $5,000. A bail bond agent will charge the person (called the criminal defendant) $500 plus a small application fee to post the bail. Some agents will require that the defendant sign over to the agent some form of collateral to secure the $5,000 bail.

Should the defendant appear in court when required and eventually dispose of the criminal case, then the collateral will be returned and no other fees will be charged. However, should the defendant fail to appear at court or for whatever reason have his bond forfeited, the agent has the responsibility of locating the defendant and getting him back in custody or pay the $5,000 over to the county in which the bail is posted. There may be other fees and expenses charged in conjunction with the forfeiture.

Florida Statutes, Chapter 648 and Chapter 903 govern bail bonds in Florida. In addition, administrative rules, regulations, and forms are contained in the Florida Administrative Code, 69b-221. The state laws do not allow for local regulations or modifications of state laws and policies.

The Florida Department of Financial Services is responsible for regulating bail bonds in the state and licensing those who write bail bonds. The Division of Agent and Agency Services is the specific department in charge of licensing bail bond agents.

Before a person can be licensed as a limited surety agent or a professional bail bond agent, such person must first apply for and be granted a temporary license, which will require that the person granted a temporary license to work under the close supervision of a limited surety agent or professional bail bond agent for at least 12 months. In addition, only residents of the State of Florida may apply and be granted any type of license to work in the bail bond business. Applicants must be of good moral character and can not have a felony conviction; even if such person's civil rights have been restored, such person is still barred from getting a license to work in the bail bond business, and must be able to pass a written examination and provide good recommendations from at least three citizens of Florida.

In addition to anyone with a felony conviction, conviction for a crime of moral turpitude, or a crime for which the sentence was in excess of one year, people who work at a jail or other custodial facility are ineligible for a license as well as police officers, attorneys, anyone who works for a court, judge, or magistrate and anyone with the authority to arrest someone.

Florida law specifically outlaws bounty hunters by name and activity. There can be no "Dog the Bounty Hunter" in the State of Florida.

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