Who can legally arrest a bail defendant in Florida

In practice that means a certified law enforcement officer, or a Florida bail bond agent who is licensed and appointed. On a bond written in another state, it also covers a person licensed in that state as a bail bond agent or bail bond enforcement agent, or holding the equivalent license there.

• Nobody may present themselves in Florida as a bail enforcement agent, a bounty hunter or anything similar (s. 648.30(2)).
• Breaking any part of section 648.30 is a third-degree felony (s. 648.30(4)).
• A licensee who knowingly helps an unlicensed person break it also commits a third-degree felony (s. 648.30(5)). Everyone who takes part in apprehending, detaining or arresting the defendant must hold the license: an unlicensed assistant or ride-along cannot help.
• On the grounds of a jail, prison or court, an agent may wear or show only the license or identification DFS issued or approved, which states the agent’s arrest powers (s. 648.44(1)(d)).

The arrest is for one purpose: surrendering the defendant to the official named in the statute.

1. 1

   Deliver the defendant and a copy of the bond

   Take them to the official who had custody when bail was taken, or who would have had custody had the defendant been committed. The official takes the defendant into custody and issues a certificate acknowledging the surrender (s. 903.21(1)).

2. 2

   Ask the court to exonerate the bond

   Present the certificate and a copy of the bond to the court, after giving the state attorney 3 days’ notice with copies of both. The court orders the obligors exonerated (s. 903.21(2)).

3. 3

   If the defendant is already in another jail

   When it is shown before any breach that the defendant is in a jail or prison, the surety is exonerated if it agrees in writing to pay the itemized costs of returning the defendant to the county they were released from (s. 903.21(3)).

A surrender or arrest within 60 days of the missed appearance, with a hold placed to return the defendant, is a ground for discharging the forfeiture, on payment of the return costs (s. 903.26(5)(c)). After that the remission schedule applies. The forfeiture and remission guide has every deadline.

Agents and agencies may charge only the fees the rule lists, plus the costs needed to apprehend a principal who tries to flee the court’s jurisdiction (Rule 69B-221.105(2)).

• Not allowed: costs of arrest, transport and surrender within the court’s jurisdiction; charges for storing or returning collateral; charges for routine work; any expense not documented by a check or receipt (Rule 69B-221.105(3)).
• Allowed: attorney’s fees and court costs for motions; documented travel and lodging outside the court’s jurisdiction; law enforcement costs for housing, re-arrest, transport and extradition; and up to $100 for a surrender the law allows when the bond has not been forfeited (Rule 69B-221.105(4)).
• An agent who surrenders a principal and does not refund the premium when the law requires it is subject to discipline (Rule 69B-221.105(5)).
• Under a written agreement with another party, a bail bond agent or agency may be paid for returning to custody someone who fled the court’s jurisdiction or caused a forfeiture (s. 648.44(1)(j)).

The use of force, entering a home or other property, and arrests outside Florida are governed by other law and court decisions. Speak to a Florida attorney before a recovery that raises any of them.

BailHub’s recovery assignments are open only to verified agents who are licensed and appointed, and every agent who signs up to take pick-ups confirms that no unlicensed person works a pick-up with them.