903.045
Nature of criminal surety bail bonds.
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903.045 Nature of criminal surety bail bonds.—It is the public policy of this state and the intent of the Legislature that a criminal surety bail bond, executed by a bail bond agent licensed pursuant to chapter 648 in connection with the pretrial or appellate release of a criminal defendant, shall be construed as a commitment by and an obligation upon the bail bond agent to ensure that the defendant appears at all criminal proceedings for which the surety bond is posted.
History.—s. 40, ch. 82-175; s. 1475, ch. 97-102; s. 1, ch. 2017-168.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1994–2024 · leading case: In Re Amendments to the Florida Rules of Criminal Procedure
In Re Amendments to the Florida Rules of Criminal Procedure (2009)
“Accordingly, we modify the Committee’s proposal to include the following additional language in accordance with section 903.045(2) pertaining to modification of the condition of no contact with the victim: Upon motion by the defendant when bail is set, or upon later motion…”
Polakoff Bail Bonds v. Orange County (1994)
“shall be construed as a commitment by and an obligation upon the bail bondsman to ensure that the defendant appears at all subsequent criminal proceedings and otherwise fulfills all conditions of the bond.”
Universal Bail Bonds, Inc. v. State (2006)
“See § 903.045, Fla. Stat. (2005) (a criminal surety bail bond "shall be construed as a commitment by and an obligation upon the bail bond agent to ensure that the defendant appears at all subsequent criminal proceedings and otherwise fulfills all conditions of the bond"); Wiley…”
State ex rel. Gardner v. Allstar Bail Bonds (2008)
“Section 903.045 provides that by executing a bail bond, the surety assumes the obligation to ensure “that the defendant appears at all subsequent criminal proceedings .”
Singh Bail Bonds v. Brock (2011)
“It was Singh’s obligation under section 903.045, Florida Statutes (2009), to ensure that Mr.”
Polakoff & Aabbott Bail Bonds v. State (2013)
“§ 903.045, Fla. Stat. (2011). A criminal surety bail bond is, in essence, a contract involving three parties: the State, which brings the criminal charges; the bail bond agent, which is the surety; and the defendant, who is the principal.”
Tom Roy Jenkins v. State of Florida (2024)
“3d DCA 2006) (the purpose of bail is to assure that the defendant will comply with the conditions of the bail bond and appear or be produced by the surety before the court); § 903.045, Fla. Stat. (2024) (a criminal surety bail bond “shall be construed as a commitment by and an…”
Broward County v. B & B Bail Bonds (2001)
“Section 903.045, Florida Statutes (2000), declares the public policy that a criminal surety bail bond executed by a licensed agent in connection with pretrial release of a criminal defendant shall be construed as a commitment by and an obligation upon the bail bond agent to…”
— 903.045(2) — 1 case
In Re Amendments to the Florida Rules of Criminal Procedure (2009)
“Accordingly, we modify the Committee’s proposal to include the following additional language in accordance with section 903.045(2) pertaining to modification of the condition of no contact with the victim: Upon motion by the defendant when bail is set, or upon later motion…”
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