Florida Statutes
Chapter 903 - Bail
903.105 - Appearance Bonds.


(1) Any defendant posting an appearance bond shall apply therefor in writing. Each defendant charged with a felony of the second degree or higher, and each defendant appearing before a court in connection with bail, shall sign the application upon oath in open court.
(2) After the application is completed and the quantity and other conditions of the bond are determined as required by law, the defendant may deposit with the clerk of the court before which the action is pending or with the sheriff, if designated by the clerk, a sum of money equal to 10 percent of the bond and any additional collateral for all or part of the remaining portion of the bond as the court may require.
(3) Upon depositing such sum and additional collateral and agreeing in writing to all nonmonetary conditions of the bond which the court may require, the defendant shall be released from custody subject to all conditions of release imposed by the court.

(4)(a) If the conditions of release have been performed and the defendant has been discharged from all obligations in the action, the clerk of the court shall return to the defendant, unless the court orders otherwise, 75 percent of the 10-percent sum deposited, plus any additional required collateral, and shall retain as bail costs 25 percent of the 10-percent sum deposited. At the request of the defendant, the court may order the amount repayable to the defendant from such deposit to be paid to the defendant’s attorney of record.
(b) Moneys retained by the clerk under this provision shall be disbursed as directed by the county commission for law enforcement, criminal justice, and criminal court operations relating to pretrial release, including, but not limited to, screening, supervision, and apprehension, subject to the following conditions:
1. The clerk must receive a sum equal to actual, demonstrable increased costs, if any, attributable to the implementation of this section.
2. Moneys distributed to the sheriff must be used for increased expenditures in connection with the apprehension of defendants who fail to appear as required.


(5) If a final judgment for a fine and court costs, or either a fine or court costs, is entered in an action in which a deposit has been made in accordance with this section, the balance of such deposit, after deduction of bail costs as provided for herein, shall be applied to the satisfaction of the judgment.
(6) In the event that this section becomes effective, the Supreme Court shall promulgate rules as necessary to implement this section.
History.—s. 47, ch. 82-175.
1Note.—Pursuant to s. 73, ch. 82-175, effective “if and only if chapter 648 . . . is . . . repealed, in which event [this] section shall take effect upon the effective date of such repeal.”

Structure Florida Statutes

Florida Statutes

Title XLVII - Criminal Procedure and Corrections

Chapter 903 - Bail

903.011 - “Bail” and “Bond” Defined; General Terms.

903.02 - Actions Following Denial; Changes in Bail Conditions or Bond Amount; Separation by Charge or Offense.

903.03 - Jurisdiction of Trial Court to Admit to Bail; Duties and Responsibilities of Department of Corrections.

903.035 - Applications for Bail; Information Provided; Hearing on Application for Modification; Penalty for Providing False or Misleading Information or Omitting Material Information.

903.0351 - Restrictions on Pretrial Release Pending Probation-Violation Hearing or Community-Control-Violation Hearing.

903.045 - Nature of Criminal Surety Bail Bonds.

903.046 - Purpose of and Criteria for Bail Determination.

903.047 - Conditions of Pretrial Release.

903.0471 - Violation of Condition of Pretrial Release.

903.05 - Qualification of Sureties.

903.06 - Validity of Undertaking by Minor.

903.08 - Sufficiency of Sureties.

903.09 - Justification of Sureties.

903.101 - Sureties; Licensed Persons; to Have Equal Access.

903.105 - Appearance Bonds.

903.131 - Bail on Appeal, Revocation; Recommission.

903.132 - Bail on Appeal; Conditions for Granting; Appellate Review.

903.133 - Bail on Appeal; Prohibited for Certain Felony Convictions.

903.14 - Contracts to Indemnify Sureties.

903.16 - Deposit of Money or Bonds as Bail.

903.17 - Substitution of Cash Bail for Other Bail.

903.18 - Bail After Deposit of Money or Bonds.

903.20 - Surrender of Defendant.

903.21 - Method of Surrender; Exoneration of Obligors.

903.22 - Arrest of Principal by Surety Before Forfeiture.

903.26 - Forfeiture of the Bond; When and How Directed; Discharge; How and When Made; Effect of Payment.

903.27 - Forfeiture to Judgment.

903.28 - Remission of Forfeiture; Conditions.

903.286 - Return of Cash Bond; Requirement to Withhold Unpaid Fines, Fees, Court Costs; Cash Bond Forms.

903.29 - Arrest of Principal by Surety After Forfeiture.

903.31 - Canceling the Bond.

903.32 - Defects in Bond.

903.33 - Bail Not Discharged for Certain Defects.

903.34 - Who May Admit to Bail.

903.36 - Guaranteed Arrest Bond Certificates as Cash Bail.