Category: Bail & Bond · Statute: F.S. 843.15 · Source: Florida Legislature
Understanding Bail Jumping (Failure to Appear) in Florida
In Florida, "bail jumping" is legally prosecuted as Failure to Appear (FTA) under Florida Statute Section 843.15. This offense occurs when a defendant, having been released on bail or personal recognizance, willfully fails to stand before a court or surrender as required by their release conditions. The key element the state must prove is "willfulness," meaning the absence was intentional and voluntary, rather than the result of an uncontrollable emergency, hospitalization, or lack of proper notice.
The severity of a bail jumping charge directly mirrors the underlying offense that led to the initial arrest. If a defendant is out on bail for a felony and fails to appear, the FTA is prosecuted as a third-degree felony, carrying penalties of up to five years in state prison and a $5,000 fine. If the original charge is a misdemeanor, the failure to appear is classified as a first-degree misdemeanor, punishable by up to one year in county jail and a $1,000 fine. These penalties are entirely separate from, and run consecutive to, the penalties of the original criminal charge.
Impact on Bail and Pretrial Release
A failure to appear immediately triggers a bench warrant (capias) for the defendant's arrest and initiates the forfeiture of the posted bail bond. Under Florida law, the court will typically revoke the original bond, meaning the defendant loses any collateral or premiums paid. Once apprehended, the defendant faces a significantly higher risk of being held without bond, as judges view a history of bail jumping as a primary indicator of flight risk during subsequent pretrial release hearings.