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MGA for Federally Authorized Surety Companies — Florida Practice

The Florida supersedeas bond. Capped at $50M.

Florida supersedeas practice is governed by Fla. R. App. P. 9.310 and Fla. Stat. §45.045. Florida caps supersedeas at $50M under §45.045, with bond covering judgment plus two years of interest. We write Florida appeal bonds in the District Court of Appeal, the Florida Supreme Court, and the U.S. District Courts (M.D. Fla., N.D. Fla., S.D. Fla.).

Bond Penalty
Judgment + 2 years interest
Statutory Cap
$50M ceiling
Filing
Trial court clerk
Turnaround
Same-day issuance

What a Florida appeal bond actually does.

A Florida judgment carries immediate collection consequences. Without a supersedeas bond, the prevailing party can begin enforcement the day the judgment is entered — garnishments, abstracts of judgment, executions on personal property. Fla. R. App. P. 9.310 governs the procedure for staying execution by surety bond; Fla. Stat. §45.045 provides the statutory framework.

Florida caps supersedeas at $50M under §45.045, with bond covering judgment plus two years of interest.

The bond is the three-party agreement standard to all surety practice: the appellant as principal, the appellee as obligee, and Surety One as the surety standing behind the promise with real capital. Filing is with the trial court clerk that entered the judgment; the bond stays execution by operation of Fla. R. App. P. 9.310 once approved.

The rules we underwrite to.

Two bodies of authority govern Florida supersedeas practice: Fla. R. App. P. 9.310 for the procedural framework, and Fla. Stat. §45.045 for the substantive bond requirements. We underwrite each bond to satisfy both.

Controlling Authorities
Fla.
Fla. R. App. P. 9.310 — Florida rule on supersedeas / stay pending appeal
Fla.
Fla. Stat. §45.045 — Florida statutory framework for appeal bonds
FRCP
FRCP 62 — Federal stay procedure (for U.S. District Court appeals from Florida)
FRAP
FRAP 7 — Federal cost bond on appeal (applicable to federal appeals from Florida)

How a Florida appeal bond gets issued.

Florida supersedeas bonds are collateral-typical. Full collateral equal to the bond amount is the standard requirement, accepted in three forms: cash held in escrow by Surety One, an irrevocable letter of credit from a federally insured bank, or U.S. Treasury securities pledged with an CUSIP custody arrangement. We do not accept real estate as collateral.

Non-collateralized Florida supersedeas bonds are available through our non-standard program for applicants with substantial unencumbered net worth and strong liquid position. Audited financials, three years of tax returns, personal financial statements for principals, and confirmation of no pending claims are required for non-collateralized placement.

Filing is with the trial court clerk in the county where the judgment was entered. We deliver bonds in PDF for same-day filing; most Florida courts accept e-filed bonds through their statewide e-filing systems.

Three documents start every file: the final judgment, the notice of appeal, and a financial statement appropriate to the bond size. Our underwriting desk responds within four business hours; same-day issuance is standard for qualified, collateralized files.

Florida-specific questions.

What's the bond formula for Florida supersedeas?
Judgment + 2 years interest. Florida caps supersedeas at $50M under §45.045, with bond covering judgment plus two years of interest.
Where do I file in Florida?
With the trial court clerk in the county where the judgment was entered. Per Fla. R. App. P. 9.310, the trial court has initial jurisdiction over bond approval; appellate review of the bond decision is available where state procedure permits.
Does Florida have an automatic stay on appeal?
Most states require a posted supersedeas bond to stay execution; Florida follows that pattern unless the appellant qualifies for a statutory exemption. Without the bond, the judgment creditor can begin enforcement immediately after entry.
How long does the Florida appeal process take?
Civil appeals to the District Court of Appeal typically take 9-18 months from notice of appeal to disposition. Cases proceeding to the Florida Supreme Court may run longer. The bond premium renews annually for the duration of the appeal.
Can I appeal without posting a supersedeas bond?
Yes. The notice of appeal can be filed without a bond, but execution is not stayed. The judgment creditor can begin collection immediately. Indigent appellants may seek relief under Florida's in forma pauperis rule.
Are Florida supersedeas bonds different from federal appeal bonds?
Yes. Federal appeals from the U.S. District Courts in Florida are governed by FRCP 62 and FRAP 7 — not Florida state rules. The bond amounts, caps, and procedures differ. We write under both regimes.

Related supersedeas practice.

In Florida
Other bonds in this state.
Florida Mechanic's Lien Release Florida Probate
Neighboring states
Adjacent supersedeas practice.
Alabama Georgia

Further reading on the Surety One blog

↗ suretyone.com/blog

Need a Florida appeal bond?

Send the judgment and notice of appeal. Our underwriters open the file and respond immediately, 7/52/365.