A Surety bondA bond posted by a licensed bail bond agent on behalf of a defendant, guaranteeing the full bond amount to the court if the defendant does not appear. is a three-way arrangement between the court, a licensed agent, and the person who signs for the defendant.
The court sets a bond amount. A Bail bond agentA person licensed by the state to post surety bonds. In Florida, licensing and conduct are regulated under Chapter 648, Florida Statutes. posts that amount with the court and becomes liable for it if the defendant does not appear.
The family pays the agent a PremiumThe fee paid to a bail bond agent for posting a surety bond. It is the agent's charge for the service and is generally not refundable. for that service and usually signs an indemnity contract. Bail bond licensing and conduct in Florida are regulated under Chapter 648, Florida Statutes.
What the indemnitor agrees to
An IndemnitorA person, often a family member, who signs a contract with a bail bond agent agreeing to be financially responsible if the defendant does not appear. promises to reimburse the agent for losses if the defendant fails to appear, and often provides collateral. Read the contract before signing; the obligations continue until the bond is discharged.
If the defendant misses court
The court can enter a Bond forfeitureThe court's judgment claiming the bond amount after a defendant fails to appear. Florida law gives the surety a period to locate and surrender the defendant. and issue a CapiasA warrant issued by the court directing law enforcement to take a person into custody, commonly issued after a missed court date.. Florida law gives the surety a defined period to locate and surrender the defendant, after which the judgment may become final.
Key terms in this article
Surety bond
A bond posted by a licensed bail bond agent on behalf of a defendant, guaranteeing the full bond amount to the court if the defendant does not appear.
Indemnitor
A person, often a family member, who signs a contract with a bail bond agent agreeing to be financially responsible if the defendant does not appear.
Bail bond agent
A person licensed by the state to post surety bonds. In Florida, licensing and conduct are regulated under Chapter 648, Florida Statutes.
Bond forfeiture
The court's judgment claiming the bond amount after a defendant fails to appear. Florida law gives the surety a period to locate and surrender the defendant.
Premium
The fee paid to a bail bond agent for posting a surety bond. It is the agent's charge for the service and is generally not refundable.
Frequently asked questions
When is the bond discharged?
Generally when the case ends or the court otherwise releases the bond. Ask the agent in writing what discharges the obligation in your case.
Sources for this article
Every source is classified and dated in our research archive.
Florida Legislature · The core bail chapter: who may set bail, the conditions a court may impose, the duties of sureties, bond forfeiture procedure, and remission of forfeitures.
Florida Legislature · The factors a judge must weigh when setting bail, including the nature of the offense, the weight of the evidence, community ties, employment, financial resources, criminal history, prior failures to appear, and any danger to the community.