In Florida, bail bonds do not expire. Once a bail bond is posted for a defendant, it remains active until the case is resolved. This means that the bail bond company remains financially responsible for the full amount of the bond until the defendant’s court case concludes.
How long do bail bonds last in Florida?
Bail bonds in Florida do not have an expiration date. The bond stays active throughout the entire pre-trial process, which can sometimes last months or even years depending on the complexity of the case and how backed up the courts are. The bond is only discharged once the case is over and the defendant meets all court-ordered conditions.
Some key points about bail bond duration in Florida:
- The bond remains in effect whether the defendant is released on bail or held in jail pre-trial.
- If the defendant misses a court date or violates release conditions, the bond remains open until they are brought back to court.
- The bond is not terminated when the initial court date passes. It remains active until all charges are resolved.
- The bond company is financially responsible for the full bond amount throughout the duration of the case.
So unlike some other states, bail bonds in Florida do not need to be renewed or reposted periodically. The same bond stays in place continuously until the defendant’s criminal case reaches completion.
What happens if a case drags on for years?
Even if a criminal case drags on for an extended period, the bail bond company remains on the hook for the full bond amount. The passing of time does not discharge the bond or relieve the bonding company of responsibility.
If a case gets delayed repeatedly over a period of years, the bonding company may at some point request to be removed from the bond by filing a “motion to set aside bond” or a “motion to withdraw as surety.” If granted by the judge, this would relieve the company of liability going forward. However, it does not get the bonding company off the hook for forfeiting the bond if the defendant fails to appear before that point.
Can a bail bond be terminated early in Florida?
While a Florida bail bond has no set expiration date, there are some circumstances where a bond can be terminated earlier than the conclusion of the criminal case:
- The defendant is acquitted at trial – If the charges are dismissed or the defendant is found not guilty, the bond obligation ends.
- The defendant is convicted and sentenced – Once the trial concludes with a conviction and sentencing, the bond is terminated.
- The charges are dropped – If the prosecution drops all charges, the bail bond obligation ends.
- The defendant surrenders – If a defendant with an active warrant surrenders to court, the bond may be discharged with court approval.
Outside of these scenarios, however, a bail bond remains open until the criminal case comes to a complete stop. The time elapsed does not close out the bond.
What if someone skips bail in Florida?
If a defendant out on bail in Florida misses a court date or otherwise violates bail terms, the court will issue a warrant and the bail bond remains open. The bonding company has a period of time specified under Florida statutes (usually around 60 days) to apprehend and surrender the defendant. If the fugitive is not apprehended in time, the court can order the bond forfeited. The bonding company then has additional time to challenge or appeal the forfeiture.
But the passing of the initial failure-to-appear deadline does not invalidate or cancel the bond. The surety is still financially responsible for the full amount unless and until the forfeiture is overturned on appeal. And if the fugitive is located years later, the bonding company is still on the hook and can be required to pay.
When does a Florida bail bond get discharged?
In order for a Florida bail bond to be officially discharged and cancelled, one of the following must occur:
- The criminal case concludes with all charges addressed – either through dismissal of charges, conviction/sentencing, or acquittal at trial.
- The prosecution formally drops all charges.
- The defendant surrenders to the court with the court’s approval to discharge the bond.
- The bonding company is granted a motion to withdraw from the bond by court order.
Barring one of the above outcomes, a bail bond in Florida has no expiration and the bonding company remains financially liable for the life of the case.
How can a bail bond be renewed in Florida?
Because bail bonds in Florida do not expire, there is no need to renew a Florida bail bond. The bond remains continuously valid and in effect until the criminal case resolves or until the bonding company is formally released from the bond by the court.
Some states do allow bail bonds to expire after a certain time period, requiring renewal with the court. But Florida statutes do not provide any provisions for bail bond renewal. Once a bond is posted, it remains active indefinitely.
Can someone get a refund on an unused Florida bail bond?
Once a bail bond is posted in Florida, the premium paid for the bond is generally non-refundable. Even if the defendant complies with all conditions and the bond is never forfeited, the upfront premium is typically not refunded.
However, in rare cases a portion of the premium may be refunded if:
- The bail bond is revoked by the court very early in the process, such as within 24 hours.
- The charges are quickly resolved such as within a couple weeks.
- The bail bond company has a policy for refunding a percentage of the premium for bonds terminated very quickly.
But in general, once a Florida bail bond premium is paid, it is a non-refundable fee in exchange for the bonding company taking on financial liability throughout the case. If the case drags on for months or years, no refund will be issued in most instances.
What factors determine bail bond cost in Florida?
Some key factors that influence the cost of a bail bond in Florida include:
- Amount of bail set by court
- Defendant’s background and criminal history
- Jurisdiction and county where charges filed
- Use of collateral or indemnitor
- Reputation and terms of bonding company
Bonding companies typically charge a non-refundable fee of around 10% of the total bail amount. So the cost goes up the higher the bail amount is. More serious offenses often carry higher bail. Defendants viewed as flight risks also often get higher bail.
Some jurisdictions like Miami-Dade are known for charging higher bonds. Providing collateral or getting an indemnitor to back the bond can help reduce premium costs. Shopping around between bonding companies can also result in savings.
Conclusion
Bail bonds in Florida do not have expiration dates and remain continuously valid until a criminal case concludes. While there are some limited circumstances where a bond may be discharged early, a Florida bail bond generally lasts for the entire pre-trial process – whether that takes months or even years. The passing of time does not invalidate the bond or relieve the bonding company of financial responsibility. Understanding the open-ended nature of Florida bail bonds can help defendants, indemnitors, and bondsmen manage expectations and responsibilities.
