Verified by Licensed Bail Bond Professionals•Last updated: March 2026
Definition: A form of security given to guarantee that a defendant will appear at all required court proceedings. Under Florida Statute 903.011, bail can be in the form of cash, a bail bond, or a property bond.
Category: Bail & Bond · Statute: F.S. 903.011 · Source: Florida Legislature
Florida Statute 903.011 — Right to Bail"Every person charged with a crime or violation of municipal or county ordinance shall be entitled to bail before conviction."
How Bail Works in Florida
When someone is arrested in Florida, bail serves as a financial guarantee that the defendant will return to court for all scheduled proceedings. If the defendant appears at all hearings, the bail is returned (cash bail) or the bond is exonerated (surety bond). If they fail to appear, the bail is forfeited.
Types of Bail
- Cash bail — The defendant or someone on their behalf pays the full bail amount to the court. Refundable when the case concludes.
- Surety bond — A bail bondsman posts the full amount and charges a non-refundable 10% fee.
- Property bond — Real estate is pledged as collateral for the bail amount.
- ROR (Release on Own Recognizance) — No money required; the defendant signs a promise to appear.
Constitutional Right to Bail
Article I, Section 14 of the Florida Constitution guarantees the right to bail for all non-capital offenses. This means a judge cannot deny bail for most charges — they can only set the amount.