Florida Supersedeas Bond: the Rule 9.310(b)(1) Formula
Florida doesn't leave your automatic-stay bond to judicial discretion. Fla. R. App. P. 9.310(b)(1) sets it by formula: the amount of the judgment, plus twice the statutory interest rate (set by the Chief Financial Officer) in effect on the date the judgment is filed — effectively two years of interest. Fla. Stat. § 45.045(1) caps the bond needed for an automatic stay at $50 million per appellant, adjusted annually for changes in the Consumer Price Index.
No range, no six-factor judgment call like a Florida probate bond, no percentage a clerk eyeballs. Two numbers — your judgment and the CFO rate in effect when it was filed — produce one bond figure. Here's the math, worked step by step.
Florida's Automatic-Stay Bond Formula
Fla. R. App. P. 9.310(b)(1) (as amended eff. Sept. 1, 2026); illustrative 8.06% rate in effect July 1 – Sept. 30, 2026 per Fla. Stat. § 55.03(1). Capped at $50 million per appellant (CPI-adjusted) under Fla. Stat. § 45.045(1).
Rule amended effective September 1, 2026: the Florida Supreme Court's June 11, 2026 order (No. SC2025-0241) amended Rule 9.310(b)(1), deleting the word "principal" so the bond equals the amount of the judgment plus twice the statutory rate, and replacing the former "total amount on which the party has an obligation to pay interest" language with "in effect on the date the judgment is filed." The formula below reflects the amended rule. Confirm the computation with your appellate counsel, especially for bonds on judgments filed before that date.
Walking the math on a $2,000,000 judgment
- 1Start with the judgment amount: $2,000,000.
- 2Take the statutory rate in effect on the date the judgment was filed — for example, 8.06% per annum for July 1 – September 30, 2026 (§ 55.03(1)).
- 3Double it: Rule 9.310(b)(1) applies 2 x 8.06% = 16.12% to the judgment amount.
- 4That produces $322,400 in built-in interest coverage — roughly two years of accrual at that rate.
- 5Add it to the judgment: $2,322,400 bond amount — well under the $50M § 45.045(1) cap, so the formula amount stands unmodified.
- Who requires it: Florida courts, under Fla. R. App. P. 9.310(b)(1), for an automatic stay of a money judgment.
- Amount: The amount of the judgment plus twice the statutory interest rate in effect on the date the judgment is filed, capped at $50 million per appellant (adjusted annually for the Consumer Price Index) under Fla. Stat. § 45.045(1).
- Timing: Same-day submission; most quotes within one business day.
The CFO's statutory rate, quarter by quarter
Under Fla. Stat. § 55.03(1), the Chief Financial Officer sets a new judgment-interest rate each quarter — on December 1, March 1, June 1, and September 1 — and that rate takes effect the following January 1, April 1, July 1, or October 1, by averaging the Federal Reserve Bank of New York's discount rate over the preceding 12 months and adding 400 basis points. But § 55.03(3) locks each judgment to the rate in effect on the date it was entered, and after that, the rate attached to your specific judgment adjusts only once a year — every January 1, not every quarter. The table below shows how the published rate has moved over the last eight quarters.
Florida CFO statutory judgment interest rate, 2025–2026
Set quarterly under Fla. Stat. § 55.03(1); locked per-judgment and adjusted annually under § 55.03(3)
| Effective Date | Annual Rate | What It Governs |
|---|---|---|
| January 1, 2025 | 9.38% | Locked into judgments entered this quarter |
| April 1, 2025 | 9.15% | Locked into judgments entered this quarter |
| July 1, 2025 | 8.90% | Locked into judgments entered this quarter |
| October 1, 2025 | 8.65% | Locked into judgments entered this quarter |
| January 1, 2026 | 8.44% | Also the annual reset date for judgments entered before 2026 |
| April 1, 2026 | 8.25% | Locked into judgments entered this quarter |
| July 1, 2026 | 8.06% | Locked into judgments entered this quarter |
| October 1, 2026 | 7.87% | Locked into judgments entered this quarter |
Rate = trailing 12-month average of the Federal Reserve Bank of New York discount rate + 400 basis points, set by the Florida CFO. Source: myfloridacfo.com judgment interest rate schedule.
Notice the rate has fallen every quarter since early 2025 — from 9.38% down to 7.87% for October 1, 2026. That matters for your bond size: the same $2,000,000 judgment filed in January 2025 would have needed a $2,375,200 bond under that quarter's 9.38% rate, versus $2,322,400 at the 8.06% rate in effect July 1 – September 30, 2026. Confirm your judgment's exact entry date before assuming which rate applies — we check it against the CFO schedule as part of every quote.
Reducing the bond runs through § 45.045(2) — not Rule 9.310(b)(1) itself
This trips up appellants who assume the trial court can simply lower the automatic-stay figure the way it might adjust a discretionary bond. It can't — not under 9.310(b)(1). That subsection is self-executing: post the calculated bond and the stay attaches "without the necessity of a motion or order," which is precisely why courts have read it as leaving no room for on-the-spot judicial discretion to shrink the number.
Official Florida Requirements
"In any civil action brought under any legal theory, a party seeking a stay of execution of a judgment pending review of any amount may move the court to reduce the amount of a supersedeas bond required to obtain such a stay. The court, in the interest of justice and for good cause shown, may reduce the supersedeas bond or may set other conditions for the stay with or without a bond. The court may not reduce the supersedeas bond if the appellant has an insurance or indemnification policy applicable to the case. This subsection does not apply to certified class actions subject to s. 768.733."The Florida Senate — 2025 Florida Statutes, Chapter 45 • Fla. Stat. § 45.045(2)
Two limits worth flagging before you file the motion. First, if your case has an applicable insurance or indemnification policy, § 45.045(2) bars the court from reducing the bond at all — the legislature assumed the insurer's coverage already substitutes for the bond's protective function. Second, the reduction path doesn't reach certified class actions under § 768.733, which run on a separate track for the punitive-damages portion of the judgment — bonded at the lower of the judgment plus twice the statutory interest rate, or 10% of the defendant's net worth, capped at $100 million either way — with no statutory reduction motion available.
The $50 million cap, and why it isn't a flat number forever
Run the Rule 9.310(b)(1) formula on a large judgment and the doubled-interest math can produce a bond well north of the judgment itself. Fla. Stat. § 45.045(1) caps what's needed for the automatic stay at $50 million per appellant, regardless of how large the underlying judgment is — but the statute also requires that figure to be adjusted annually to reflect changes in the Consumer Price Index, so the operative cap edges upward most years rather than sitting frozen at an even $50,000,000.
Standard civil judgments
$50M cap
Fla. Stat. § 45.045(1), CPI-adjusted annually
Certified class actions — punitive damages
$100M ceiling
Fla. Stat. § 768.733 — lower of (judgment + 2x interest) or 10% of net worth; no § 45.045(2) reduction motion
The tradeoff for posting below the formula amount
Whether you land under the cap through § 45.045(1) or through a § 45.045(2) reduction order, posting less than the full Rule 9.310(b)(1) figure has a consequence: § 45.045(3) lets the appellee pursue limited discovery into whether you've dissipated or diverted assets outside the ordinary course of business. If a court finds that you have — or are in the process of doing so — § 45.045(4) lets it order protective relief and require the bond back up to the full formula amount, plus other sanctions. The cap and the reduction motion give you room to post less; they don't give you a free pass on scrutiny.
Nine-figure judgment? We structure large Florida supersedeas bonds — including multi-surety placements near the § 45.045 cap.
Get a large-bond quoteWhat collateral to expect, by bond size
Because the Rule 9.310(b)(1) formula can push even a mid-size judgment into a seven-figure bond once two years of interest are added on top, collateral expectations in Florida track the bond figure the formula produces — not just the underlying judgment. This is general underwriting guidance based on how sureties typically structure Florida appeal bonds, not a statutory requirement:
Typical collateral expectations by Florida supersedeas bond size
Actual requirements depend on credit, liquidity, and the surety's appetite for the case
Under $250,000
Often no cash collateral
- Personal indemnity agreement usually sufficient with strong credit
- Financial statement review, not full underwriting audit
$250,000 – $2,000,000
10%–50% collateral typical
- Cash, CD, or letter of credit for the collateral portion
- Weaker financials push toward the higher end of the range
$2,000,000 – $10,000,000
Full or near-full collateral common
- Irrevocable letter of credit is the standard instrument at this size
- Underwriters look hard at liquidity, not just net worth
$10,000,000 – $50,000,000
Full collateral, often multi-surety
- Approaching the § 45.045(1) cap — largest FL appeal bonds in this band
- Single carriers may split capacity across more than one Treasury-listed surety
General underwriting guidance, not a statutory requirement. Individual surety collateral requirements vary by carrier, applicant credit, and case-specific risk factors.
Filing the bond: the trial court, not your District Court of Appeal
A common assumption is that a supersedeas bond gets filed with the appellate court hearing the case. It doesn't. Rule 9.310(a) directs a stay motion to the lower tribunal, which has continuing jurisdiction over stay relief, and Rule 9.310(c)(1) separately gives that same lower tribunal continuing jurisdiction to determine the actual sufficiency of the bond. Your appeal's merits go to one of Florida's six District Courts of Appeal — the bond stays with the circuit court the whole time.
Getting the bond filed before collection starts
Confirm the judgment is final and solely for money
Rule 9.310(b)(1)'s automatic stay only applies to a judgment "solely for the payment of money." Mixed judgments with injunctive or other non-monetary relief need a motion under 9.310(a) instead.
Identify the judgment amount and the applicable rate
Check the judgment's filing date against the § 55.03 rate schedule — that rate is the number that gets doubled, and getting it wrong misprices the bond in either direction.
Run the formula and check it against the § 45.045(1) cap
Judgment + 2x the applicable rate. If that exceeds the current CPI-adjusted cap, the bond needed for the automatic stay is capped.
We place on a Treasury-listed carrier
Collateral gets structured to the tier your bond size falls into — cash, LOC, or a blended structure for large placements.
File with the clerk of the circuit court that entered judgment
Not the DCA. Filing here — the "lower tribunal" — is what triggers the automatic stay and stops collection.
Run your judgment through the Rule 9.310(b)(1) formula
Enter your judgment amount and we'll estimate the bond using the applicable CFO rate, then get you a premium quote from a Treasury-listed carrier.
Questions about the Florida formula
Does my bond amount change if the CFO's interest rate moves while my appeal is pending?
Generally no. Since September 1, 2026, Rule 9.310(b)(1) uses "twice the statutory rate of interest in effect on the date the judgment is filed," so the bond is keyed to the rate on your judgment's filing date, not to later quarterly CFO announcements. Separately, Fla. Stat. § 55.03(3) sets the interest rate on the judgment itself when it is obtained and adjusts it annually on January 1. Confirm the applicable rate with the clerk or your appellate counsel before posting.
Can I ask the court to reduce the Rule 9.310(b)(1) bond amount?
Not under Rule 9.310(b)(1) itself — that subsection is a fixed formula with no built-in judicial discretion; posting the calculated amount gets you an automatic stay "without the necessity of a motion or order." The reduction path runs through a separate statute: Fla. Stat. § 45.045(2) lets a party move the court to reduce the supersedeas bond "in the interest of justice and for good cause shown," or to set other conditions for the stay with or without a bond. There are two hard limits on that motion: the court cannot reduce the bond if the appellant carries an insurance or indemnification policy applicable to the case, and the reduction path does not apply at all to certified class actions under § 768.733.
What happens if I post a bond for less than the Rule 9.310(b)(1) amount?
You lose the automatic stay's certainty and open a discovery door. Fla. Stat. § 45.045(3) lets the appellee pursue limited discovery into whether you've dissipated or diverted assets outside the ordinary course of business. If the trial or appellate court finds that you have — or are in the process of doing so — § 45.045(4) lets it order protective relief, require you to post a bond up to the full Rule 9.310(b)(1) amount after all, and impose other remedies or sanctions the court deems appropriate. Posting light only makes sense when you have a court order approving a reduced amount or alternative conditions under § 45.045(2).
Is the $50 million supersedeas bond cap fixed forever?
No. Fla. Stat. § 45.045(1) caps the bond needed for an automatic stay at $50 million per appellant regardless of the judgment size, but the statute requires that figure to be adjusted annually to track the Consumer Price Index — so the exact cap creeps upward most years rather than staying frozen at $50,000,000. Certified class actions carve out differently: § 45.045(2)'s reduction motion doesn't apply to them, and the bond needed to stay execution of the punitive-damages portion of a certified class-action judgment is governed by § 768.733 instead — the lower of (a) the judgment plus twice the statutory interest rate, or (b) 10% of the defendant's net worth, with a $100 million ceiling either way. That's a narrower, punitive-damages-specific rule, not a blanket $100 million cap on the whole class-action judgment.
Is my supersedeas bond filed with the District Court of Appeal or the trial court?
The trial court — specifically the clerk of the circuit court that entered your judgment, sometimes called the "lower tribunal" in appellate rule language. Rule 9.310(a) directs a stay motion to the lower tribunal, which has continuing jurisdiction over stay relief, and Rule 9.310(c)(1) separately gives the lower tribunal continuing jurisdiction to determine the actual sufficiency of the bond. Your District Court of Appeal — 1st through 6th — hears the merits of the appeal itself, but the bond that keeps collection frozen while that happens stays parked with the trial court the whole time.
If part of my judgment doesn't accrue interest, does the doubled rate still apply to the whole amount?
The rule text changed on September 1, 2026. The Florida Supreme Court's June 11, 2026 order (No. SC2025-0241) deleted the word "principal" and replaced the former "on the total amount on which the party has an obligation to pay interest" language with "in effect on the date the judgment is filed." The amended rule now reads: a bond "equal to the amount of the judgment plus twice the statutory rate of interest in effect on the date the judgment is filed." If your judgment mixes interest-bearing and non-interest-bearing components, or the bond was posted before September 1, 2026, confirm with your appellate counsel how the amount should be computed.
All content is researched from official state and federal sources (.gov). BuySuretyBonds.com works with Treasury-listed surety carriers.
General information, not legal or underwriting advice. Florida supersedeas bond amounts, the CFO statutory interest rate, and the § 45.045 cap are set by rule and statute (Fla. R. App. P. 9.310; Fla. Stat. §§ 45.045, 55.03, 768.733) and change over time — the CFO rate resets quarterly and the § 45.045(1) cap adjusts annually for inflation. Confirm the applicable rate and cap, and the amount of your specific judgment, with the circuit court and your appellate counsel before relying on this page, then request a quote for your exact bond figure.
Know your bond number before the clerk asks for it
Tell us your judgment amount and entry date. We'll run the exact Rule 9.310(b)(1) calculation, check it against the current § 45.045 cap, and get you a premium quote — free, no obligation.
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