Florida Statute 903.105 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 903
BAIL

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F.S. 903.105

¹903.105 Appearance bonds.—Any criminal defendant who is required to meet monetary bail or bail with any monetary component may satisfy such bail by providing a surety bond as otherwise provided by law or by providing an appearance bond as follows:

(1) Any defendant posting an appearance bond shall apply therefor in writing. Each defendant charged with a felony of the second degree or higher, and each defendant appearing before a court in connection with bail, shall sign the application upon oath in open court.

(2) After the application is completed and the quantity and other conditions of the bond are determined as required by law, the defendant may deposit with the clerk of the court before which the action is pending or with the sheriff, if designated by the clerk, a sum of money equal to 10 percent of the bond and any additional collateral for all or part of the remaining portion of the bond as the court may require.

(3) Upon depositing such sum and additional collateral and agreeing in writing to all nonmonetary conditions of the bond which the court may require, the defendant shall be released from custody subject to all conditions of release imposed by the court.

(4)(a) If the conditions of release have been performed and the defendant has been discharged from all obligations in the action, the clerk of the court shall return to the defendant, unless the court orders otherwise, 75 percent of the 10-percent sum deposited, plus any additional required collateral, and shall retain as bail costs 25 percent of the 10-percent sum deposited. At the request of the defendant, the court may order the amount repayable to the defendant from such deposit to be paid to the defendant’s attorney of record.

(b) Moneys retained by the clerk under this provision shall be disbursed as directed by the county commission for law enforcement, criminal justice, and criminal court operations relating to pretrial release, including, but not limited to, screening, supervision, and apprehension, subject to the following conditions:

1. The clerk must receive a sum equal to actual, demonstrable increased costs, if any, attributable to the implementation of this section.

2. Moneys distributed to the sheriff must be used for increased expenditures in connection with the apprehension of defendants who fail to appear as required.

(5) If a final judgment for a fine and court costs, or either a fine or court costs, is entered in an action in which a deposit has been made in accordance with this section, the balance of such deposit, after deduction of bail costs as provided for herein, shall be applied to the satisfaction of the judgment.

(6) In the event that this section becomes effective, the Supreme Court shall promulgate rules as necessary to implement this section.

History.—s. 47, ch. 82-175.

¹Note.—Pursuant to s. 73, ch. 82-175, effective “if and only if chapter 648 . . . is . . . repealed, in which event [this] section shall take effect upon the effective date of such repeal.”

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Amendments to 903.105

Arrestable Offenses / Crimes under Fla. Stat. 903.105

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 903.105.

Annotations, Discussions, Cases:

Cases Citing Statute 903.105

Total Results: 4

Ellis v. Hunter

Court: Fla. Dist. Ct. App. | Date Filed: 2009-01-16T00:00:00-08:00

Citation: 3 So. 3d 373, 2009 Fla. App. LEXIS 1974, 2009 WL 102221

Snippet: appropriate language to convey that meaning. Section 903.105, Florida Statutes, for example, allows a defendant…money with the clerk or the sheriff.[4] Section 903.105(5) specifically states: If a final judgment for…applied to the satisfaction of the judgment. § 903.105(5), Fla. Stat. (2007) (emphasis added). This statute…include language similar to that used in section 903.105(5) to restrict application of the bond proceeds…instant proceedings. [4] Oddly, even though section 903.105 was enacted in 1982, it provides that it will become

Minasian v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-12T00:00:00-07:00

Citation: 655 So. 2d 1143, 1995 Fla. App. LEXIS 3645, 1995 WL 169924

Snippet: deposit a cash bond and, when he does so, section 903.105(5) allows the court to deduct any fine or court

Mulkey v. Mulkey

Court: Fla. | Date Filed: 1932-07-04T23:53:00-08:00

Citation: 105 Fla. 722, 146 So. 903

Snippet: Mulkey v. Bonnie Mulkey 5 July 1932 146 So. 903, 105 Fla. 722 Sampson Miller and Worley Worley

Ray v. Douglas

Court: Fla. | Date Filed: 1932-07-04T23:53:00-08:00

Citation: 105 Fla. 721, 146 So. 903

Snippet: Walter Ray v. J. M. Douglas 5 July 1932 146 So. 903, 105 Fla. 721 C. P. Cooper and H. M. Hampton, for