Florida Attorney General opinion:
Section 903.05, F.S., specifically authorizes a resident of this state or a person who owns real estate within this state to act as surety for the release of a person on bail. Therefore, a person other than a bail bondsman may act as a surety for the pretrial release of a defendant.
Thus, pursuant to Ch. 903, F.S., real property owned by a third person may be pledged to secure the release of a defendant if the court determines that the use of such property as bail will ensure the appearance of the criminal defendant and protect the community against unreasonable danger.
Here's Section 903.46 which also mentions real property bonds. Here are the latest 18th Judicial Circuit bonding rules. There's no mention of a real property bond.
I realize George doesn't like being in jail, but I think he should appeal the bond ruling or file for reconsideration. For the chance to save $85,000., George could spend a few more weeks in jail while O'Mara makes the point to the Judge that if the defense fund money goes to bond, there's not enough left for costs (expert witnesses, forensic testing, private investigators etc) needed to defend the case, and the state of Florida will end up picking up the tab.
I see an indigency motion as a result of this bond amount. Why should a bondsman and his insurance company pocket another $85k when the result is likely to be that the citizens of Florida will have to pick up the tab? And that's not all. The state may end up having to provide Zimmerman with lawyers at its expense if there's no money to pay O'Mara and his team.
This was a really bad bond ruling. (You can read it here.) It there aren't enough contributions in the next few days to both post the bond and have enough left for defense costs, I hope O'Mara doesn't post the bond, and asks the Judge to reconsider. Then it's the judge's decision: Line the pockets of a private bonding company, leaving the defendant with insufficient money to fund the cost of his defense and legal fees, resulting in Zimmerman being declared indigent and the state picking up the cost of defending him, or set a reasonable bond. $300,000., a doubling of the original bond, would have been more than sufficient. $1 million in a case where the issue is self-defense is way over the top.
I also think O'Mara omitted three additional groups of people who might want to contribute: (1) Those who think a public relations campaign orchestrated by private lawyers unduly interfered in the orderly progression of the investigation and pressured the state into bringing charges; (2) Those who think prosecutors intentionally and improperly overcharged the case as second degree murder; and (3) Those who think the entire prosecution is politically motivated.
Today it's George Zimmerman. Tomorrow it could be you or one of your loved ones. I hope people donate to his defense fund.
(Since I'm only going to be covering the George Zimmerman case here on the front page of TalkLeft when there's news, please come join us at the newly upgraded TalkLeft Forums to continue the discussion on this and other facets of the case.)