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How to begin
the bail bond release process? What are
the first steps?
Having the following information will quicken the bond release
process. It’s O.K. if you are missing or do not have all the information below,
just give us a call and we will be glad to help you.
1. The arrestee’s full name and date of birth ?
2. The jail name and city or state ?
3. The date arrested ?
4. The amount of bail ?
Bail by Phone.
We accept all major credit cards and Western Union transfers. We can
process the bond by telephone or in person. Open 24 hours.
Governance by Local Rule. Does not appear to allow local jurisdictions
to modify statutes or regulations.
2. Licensing Requirements.
In order to undertake bail in Florida, a person must have a license [AR
4-221.001, FS 648.26, 648.30]. Florida law specifies two kinds of bail bond
agent:
(1) a limited surety agent, defined as a person appointed by an insurer
to execute bail bonds [FS 648.25(6)],
(2) a professional bail bond agent, defined as a person who pledges US
currency as security for a bail bond [FS 648.25(7)].
A. Qualifications for License.
1) Bail bond agents [FS 648.34] must comply with the following for
licensure:
- an application submitted on forms prescribed by the Department of
Insurance (DOI) [FS 648.34(1)],
- have complied with FS 648.355 and obtained a temporary license,
- be 18 years of age [FS 648.34(2)(a)],
- be a resident of Florida [FS 648.34(2)(b)],
- place of business must be located in a Florida county where records
will be maintained and business actively conducted, accessible to the
public during reasonable business hours [FS 648.34(2)(d)],
- of good character with no convictions on a felony, crime of moral
turpitude, or crime punishable by 1 year or more [FS 648.34(2)(e)],
- passage of required examination (written [FS 648.38(1)-(10)])
[648.34(2)(f)],
- payment of fee for background checks and credit report [FS
648.34(3)],
- furnish photo and fingerprints with applications [FS 648.34(4)],
- completion of 14 hours of continuing education courses every two
years [FS 648.385].
2) Professional bail bond agents have the same requirements as in FS
648.34, but in addition shall:
- file with application a detailed financial report [FS 648.35(1)],
- file a rating plan proposed for use in writing bail bonds which
must be approved by the DOI [FS 648.35(2)].
B. The regulatory body is the Department of Insurance (DOI) [FS
648.26].
3. Notice of Forfeiture [FS 903.26]
A. Conditions of a forfeiture
- breach of the conditions of the bond and/or failure of defendant to
appear [FS 903.26(2)(b)],
- clerk of the court must mail a notice of forfeiture to surety agent
and surety company within 5 days [FS 903.26(2)(a)].
4. Forfeiture to Judgement.
- forfeitures must be paid within 60 days of date of notice [FS
903.26(2)(a)],
- if forfeiture is not paid within 60 days, the clerk of the court
shall within 10 days furnish the DOI and the surety with a certification
of the judgement docket [FS 903.27(1)],
- if judgement is not paid within 35 days, the clerk informs the DOI
and sheriff of jurisdiction a statement that the judgement is
unsatisfied [FS 903.27(1)],
- no sheriff can approve surety bail bonds from subject agent or
company until such a judgement has been paid [FS 903.27(3)],
- the surety/agent has 35 days to file a motion to set aside a
judgment or stay [FS 903.27(5)],
A. Tolling. If the defendant is returned to the court of jurisdiction,
whenever a motion to set aside is filed, the operation of this section is
tolled until the court makes its disposition [FS 903.27(1)].
5. Forfeiture Defenses.
- Unless the indictment is filed within 6 months of the arrest [FS
903.26(1)] and the clerk of the court gives 72 hours notice (exclusive
of weekends and holidays) to surety of time of the defendant’s required
appearance [FS 903.26(1)(b)], the bond cannot be forfeited,
- the court at its discretion may determine that a defendant’s FTA
may not warrant a forfeiture [FS 903.26(2)(b)],
- impossible for defendant to appear because of circumstance beyond
his control [FS 903.26(5)(a)],
- defendant was confined in an institution, hospital, or prison [FS
903.26(5)(b)],
- surrender or arrest of defendant if the delay has not thwarted
prosecution [FS 903.26(5)(c)],
- discharge of defendant [FS 903.26(5)(c)],
- if defendant is arrested and returned to court of jurisdiction
prior to judgement [FS 903.26(8)].
6. Remission
[FS 903.28] Remission can be granted up to two years subject to the
following:
- if defendant is returned with 90 days, remission may be up to 100%
[FS 903.28(2)], within 180 days, remission up to 95% [FS 903.28(3)],
within 270 days, up to 90% [FS 903.28(4)], within 1 year, 85% [FS
903.28(5)], within 2 years, 50% [FS 903.28(6)].
7. Bail Agents Arrest Authority
[FS 903.20]. A surety may arrest a principal for surrender to official
custody before a forfeiture [FS 903.22] or within 2 years of the forfeiture
date [FS 903.29].
8. Other Noteworthy Provisions.
All insurers shall have a licensed and
appointed managing general agent who shall supervise their bail bond
agents [AR 4-221.003, FS 648.388].
Qualifications for prelicensing and
continuing education classes and instructors [FS 648.386].
9. Noteworthy State Appellate Decisions. (To be added.)
10. Bounty Hunter Provisions. Florida does not allow bounty
hunters.
Apprehension of bail fugitives is only allowed as set forth in FS
648.30(2)&(3):
(2) No person shall represent himself or herself to be a bail
enforcement agent, bounty hunter, or other similar title in [Florida].
(3) No person, other than a certified law enforcement officer, shall be
authorized to apprehend, detain, or arrest a principal on a bond, wherever
issued, unless that person is qualified, licensed, and appointed as
provided in this chapter or licensed as a bail bond agent by the state
where the bond was written.
Violation of this is a 3rd class felony. [FS 648.30(4)].
