Category: Bail & Bond · Statute: Nebbia v. New York (1934) / F.S. 903 · Source: Florida Legislature
Understanding Nebbia Hearing (Source of Funds) in Florida
In Florida, when a judge places a "Nebbia requirement" on a defendant's bond, it means the court must be satisfied that the money or collateral used to secure release comes from legitimate, legal sources. This requirement, rooted in Florida Statute Section 903.046 and derived from federal case law, prevents defendants from using "dirty money"—such as proceeds from drug trafficking, embezzlement, or organized fraud—to buy their temporary freedom. Until this requirement is formally lifted, the jail will not accept any payment or release the defendant, even if the bond amount has been set.
To satisfy a Nebbia hold, the person posting the bond (often a family member or friend) must present a comprehensive package of financial documentation. This typically includes bank statements, tax returns, pay stubs, or real estate deeds that trace the path of the funds. The prosecutor and the court review these records to ensure no illicit assets are being used to pay the bail bondsman's premium or to secure the collateral. If the state attorney agrees the funds are legitimate, they may stipulate to lift the hold; otherwise, a formal Nebbia hearing is scheduled before a judge.
How a Nebbia Hold Impacts Florida Bail
A Nebbia hold significantly delays the pretrial release process, as a defendant cannot simply pay their way out of jail immediately after arrest. Working with an experienced bail bondsman is critical, as they must coordinate with the defense attorney to prepare the financial disclosure package. If the source of the funds or collateral cannot be verified to the court's satisfaction, the bond will be denied, and the defendant will remain in custody pending trial.