FL Bail Bonding

FL Bail Bonding Actual Questions And Answers elected official responsible for regulation and licensing of bail bondsmen - Chief financial officer department under the supervision of the Chief Financial Officer - Florida Dept of Financial Services What chapters of the Florida Statutes govern bail and bail bondsmen? - Chapters 648 & 903 What effects do the rules of the Chief Financial Officer have on bondsmen? - The same as the Statutes and must be adhered to in the same manner Name the Criminal Defendants Bonds - Appeal Bonds Bail Bonds Civil Contempt Bonds Extradition Bonds Habeus Corpus Bonds Ne Exeat Bonds Supersedeas Bonds Which types of bonds may be used in Civil cases? - Ne Exeat & Civil Contempt Bonds What is extradition? - The returning of a fugitive to the jurisdiction of the court of which they are charged with a crime after they have fled said jurisdiction Most important obligation of a Ne Exeat Bond - That the defendant may not leave the state and must appear in court Most important obligation of a Civil Contempt Bond - That the defendant obey all the orders of the court What three ways can a Habeus Corpus Bond be satisfied? - Surrender of the Defendant Payment of Costs The court deciding that the detainment of the Defendant is unwarranted What is the purpose of a Writ of Supersedeas? - To put a stop to the due process of a lower court by a higher court until such time until such time that the defendant is able to serve out their sentence. How can an Appeal Bond be forfeited? - By the appealant failing to surrender to the court or if they fail to pursue an appeal in a timely manner What does the Power of Attorney that is attached to each bond pledge as security? - The assets of the surety company to cover the bond Appelant - One who brings an appeal Supercedeas - You shall forebear Habeas Corpus - You have the Body Extradite - deliver out Ne Exeat - No exit Writ - any written court order Warrant - Written order for arrest Forfeit - To surrender, give up as a penalty Surety - One who guarantees the obligations of another Sufficiency - Ampleness; Adequacy the 5 elements of fraud - A false statement must be made Conscious making of said false statement by the fraudulent party Intent by the fraudulent party to deceive the other party by this false statement Acceptance of the false statement as truth by the other party Damage of some form being inflicted upon the defrauded party by the false statement Actual authority - Authority which is granted to the agent by contract Apparent authority - assumed by the public to be actual authority, but not truly allotted by the insurer Five elements of a valid contract - Agreement Proposition Consideration Competency Legality With what officials must a bondsman register? - The Sheriffs office and the Clerk of Court in their county of residince, as well as all counties that the bondsman intends to write bonds How often must a bondsman register? - Before writing their first bond and before April 1st of every odd numbered year What 3 bail bond records must a bondsman keep? - A daily register An individual file for each defendant Record of premiums received by the insurance company How long must a bondsman keep records? - 3 years after discharge What are normal business hours? - At least 8 hours a day, Mon - Fri, between 8am and 6pm During what hours may a bondsman phone or solicite the residence of a detainee in domestic violence situations? - Between 8am and 9pm What information must appear on a bondsmans sign? - Business name... readable from a reasonable distance away What information regarding bonds may NOT appear on a bondsmans sign? - the name may not imply a reduced rate of premium Where is it illegal for a bondsman to solicit business? - In or around any court or place where prisoners are kept or the grounds of said property or adjacent property What types of persons may NOT be employed in a bail bonds office/ - Anyone with the power to arrest or detain prisoners Anyone guilty of a felony Anyone denied a license or had a license cancelled in any state Concealment - the intentional withholding of facts False swearing