How does bail work in Florida?

1. Constitutional Framework

Fla. Const. art. I, § 14 grants pretrial release except capital or life felonies where proof is evident and presumption great (Arthur hearing).

2. Cash, Surety, Property, OR Bonds

Florida permits cash, surety, property, and release on recognizance (ROR) under Fla. Stat. § 903.046.

3. Bail Hearing

Fla. R. Crim. P. 3.130 requires first appearance within 24 hours of arrest before a magistrate.

4. Bail Schedules

Each circuit publishes a uniform bond schedule; defendants can post without a hearing for listed offenses.

5. Bail Bond Agent / Bondsman

Licensed by Florida Department of Financial Services under Fla. Stat. Ch. 648; 10% premium is statutorily fixed and nonrefundable.

6. Conditions

Section 903.047 authorizes no-contact, no-firearms, GPS, and pretrial supervision conditions.

7. Bail Forfeiture

Section 903.26 governs estreature. The court enters a forfeiture order on nonappearance; surety has 60 days to apply for remission.

8. Bail Reduction

Rule 3.131(d) allows motions to modify; Arthur hearings determine nonbondable status for capital/life felonies.

9. Pretrial Release Programs

Counties operate pretrial services offering supervised release and electronic monitoring.

This is legal information, not legal advice.