Category: Bail & Bond · Statute: F.S. 903.09 · Source: Florida Legislature
Understanding Cosigner on a Bail Bond in Florida
In Florida, a cosigner on a bail bond—legally referred to as an indemnitor—acts as a financial guarantor for a defendant's release from custody. Under Florida Statute Section 903.09, any person signing as a cosigner must justify their financial sufficiency, often by executing an affidavit under oath detailing their assets, liabilities, and any collateral pledged. By signing the indemnity agreement with a licensed Florida bail bond agent, the cosigner enters into a legally binding contract. This contract guarantees that the defendant will fulfill all court-ordered appearances and comply with any pretrial release conditions imposed by the court.
Becoming a cosigner is a serious commitment that extends beyond merely paying the non-refundable premium (typically 10% for state charges). If the defendant flees or fails to appear for a scheduled court date, the cosigner becomes legally obligated to pay the entire face value of the bail bond to the surety company. Additionally, the cosigner is responsible for any associated recovery fees, investigator costs, or court expenses incurred while locating and returning the defendant to custody. This financial liability remains active until the defendant's case is fully resolved and the bond is formally discharged by the court.
How Cosigning Affects Florida Pretrial Release
Having a qualified cosigner significantly increases a defendant's chances of securing pretrial release in Florida, as bail bond agencies rarely write bonds for high-risk defendants without an indemnitor. Under Florida law, the cosigner provides the financial leverage that ensures the defendant's compliance. Furthermore, if a cosigner suspects the defendant intends to flee, Florida Statute allows them to work with the bail agent to surrender the defendant back into custody, which can mitigate the cosigner's financial risk before a forfeiture occurs.