Types of Bonds / Release:
 
When an individual is arrested for a crime in the State of Florida, most often that person will be taken to a local law enforcement station for booking, prior to confinement. Once the Defendant has been arrested and booked, they have several options provided to them for release - provided the outcome of the case supports their release - They are:

• Cash Bond:

  In this instance, an individual must post with the court, the total amount of the bail in cash. This strongly incentives the defendant to appear in court as scheduled as non-appearance results in the forfeiture of the cash bond.
  

• Surety Bond:

  This process requires a contractual undertaking guaranteed by an insurance company which has the assets to fully satisfy the amount of the bail bond. The insurance company contracts with the Bail Agent, and the Bail Agent then assures that he will re-pay the bond if the defendant fails to appear on his schedule court date. Because the Bail Agent has promised his own money, he has a vested interest in ensuring that the defendant will in fact appear in court as scheduled. Bail Agents invests the necessary time and funds required to locate and return an individual who has not honored their commitment to appear in court. It is widely held that Bail Agents have highly effective and efficient methods of ensuring a defendant is in court as scheduled.
  

• Property Bond:

  Individual may secure release from custody by posting a property bond with the court. In this instance, the court records a lien on property, in the amount of the bail. If the defendant subsequently does not appear in court on the scheduled date, the court may initiate the foreclosure process in order to procure the forfeited bail amount.

• Own Recognizance (O.R.)

  Based on a telephone interview with defendant, the staff member of a pre-trial release program will attempt to determine if individuals in custody will in fact appear in court on their scheduled appearance date even without the strong motivator of financial forfeiture as incentive.
  

• Citation Release:

  A Citation Release, or "Cite-Out" as it is commonly known, is issued to the defendant by the arresting officer typically right after the individual is arrested. Since the defendant may not actually placed in custody, the court depends solely on the integrity of arrestee that they will voluntarily appear in court on the scheduled date.
  

• Immigration Bond:
  
  An immigration bond issued for delivery of an alien guarantees that the individual will appear for all I.N.S. hearings on time and depart the United States at a specified date.
  
  An immigration bond conditioned for maintenance of an alien, guarantees that the person will be financially independent during their visit to the United States.

Notice of Forfeiture [FS 903.26]

A. Conditions of a forfeiture

- breach of the conditions of the bond and/or failure of defendant to appear [FS 903.26(2)(b)],

- clerk of the court must mail a notice of forfeiture to surety agent and surety company within 5 days [FS 903.26(2)(a)].

Forfeiture to Judgement.

- forfeitures must be paid within 60 days of date of notice [FS 903.26(2)(a)],

- if forfeiture is not paid within 60 days, the clerk of the court shall within 10 days furnish the DOI and the surety with a certification of the judgement docket [FS 903.27(1)],

- if judgement is not paid within 35 days, the clerk informs the DOI and sheriff of jurisdiction a statement that the judgement is unsatisfied [FS 903.27(1)],

- no sheriff can approve surety bail bonds from subject agent or company until such a judgement has been paid [FS 903.27(3)],

- the surety/agent has 35 days to file a motion to set aside a judgment or stay [FS 903.27(5)],

Bail Agents Arrest Authority

[FS 903.20]. A surety may arrest a principal for surrender to official custody before a forfeiture [FS 903.22] or within 2 years of the forfeiture date [FS 903.29].