Bondsman Authority to Arrest

In Florida, bondsmen are licensed and regulated under Florida Statute § 648 and have arrest powers pursuant to Florida Statutes § 903.22. A bondsman (also referred to as a “surety”) is legally considered to have custody of a defendant (also referred to as a “principal”) who has been released from law enforcement/corrections custody on bail. A bondsman may authorize a peace officer to make the arrest of a principal, by endorsing the authorization on a certified copy of the bond. Prior to making an arrest predicated on an endorsed authorization on a certified copy of a bond, officers should verify the validity of the certified copy, as well the licensure and authority of the bondsman.

A bondsman may arrest a principal

Before or after the forfeiture of the bond. Florida Statutes § 903.22 – § 903.29.

Register v. Barton, 75 So. 2d 187 (Fla.1954)-

An out-of-state bondsman has the authority to recapture a principal in Florida, if he/she holds an equivalent license (to that which is issued in Florida) by the state where the bond was written. Florida Statutes § 648.30(3). Additionally, the power of an out-of-state bondsman is derived from federal common law and recognized by the Florida Supreme Court.

Buchanan v. State, 927 So. 2d 209 (Fla. 5th DCA 2006)-

A bondsman may only use reasonable force in apprehending a fugitive (principal).However, the use of deadly force will usually be considered “reasonable” when used “…to overcome declared, open and armed resistance…”

Bondsmen have no authority under § 903 or § 648 to be armed

A bondsman must possess a valid license under § 790.06 to carry a concealed weapon or firearm.