BAIL BONDS. Florida Association of Court Clerks & Comptrollers Summer Conference 2014 PGA National, West Palm Beach, Fl

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1 BAIL BONDS Florida Association of Court Clerks & Comptrollers Summer Conference 2014 PGA National, West Palm Beach, Fl

2 Bonds Defined A bail bond is a contract between the agent, the defendant and the State allowing the defendant to be released from jail pending trial.

3 Who Sets the Bond Amount? Depends on method of arrest Warrant or Capias = Judge Note: Not supposed to be changed at 1 st appearance (903.02) but judges do it anyway. Warrantless Arrest = Cop Reviewed by judge at 1 st Appearance NOTE: All bonds are per count. No blanket bonds allowed in Florida since (4) (but judges do it anyway).

4 What s the difference? SURETY AGENCY AGENT

5 Agent Registration Clerk required to register agents agent may not become surety unless registered with sheriff and clerk Register and file power Clerk and sheriff shall not permit unless agent licensed Registration on April 1 of odd years

6 Only 2 Things Can Happen to a Bond Cancelled, aka released Forfeited

7 Cancelled/Released Count Disposed Send cancellation to bondsman (via ?) Can you transfer a bond? (upmand/remand) Off Bond (exoneration) (903.21) Defendant in Custody Surrender Form Agreement to pay transportation costs 3 days notice to SAO and court order. Clerk has no authority to off bond absent order

8 Forfeiture FTA = FORFEITURE. (903.26(2)(b) COURT SHALL ) SETTING ASIDE FORFEITURE ONLY SAME DAY reasons, like insufficient notice Bond must be reinstated or new bond posted

9 Forfeiture Notice Issues Notice to Surety and Agent within 5 Days 60 days starts with mailing No Set Form Record in Official Records?? Electronic Service Permissible

10 Only 3 Things Can Happen to a Forfeiture 1. PAID within 60 days (preserves remission rights) 2. DISCHARGED within 60 days CLERK DISCHARGE(903.26(8) COURT DISCHARGE(903.26(5) is Clerk a party to this motion? 3. JUDGMENT - Nothing within 60(65, 5 days mail) REMEMBER: With any of these, the original bond is gone!

11 Clerk Discharge CLERK SHALL DISCHARGE.. 1. Custody in County Affirmation of Sheriff 2. Payment of Transport Costs

12 Court Discharge Limited Reasons Impossible, Insane, Incarcerated Motion filed +HEARD w/i 60/65 days Does not stay judgment Is Clerk a party?

13 Judgments days after forfeiture notice sent What if there is a pending motion? What if the defendant pled? What if case dismissed/closed? Open a new civil case?

14 More on Judgments Judgment Against Surety lists agent Certified Copy to Surety, DFS and OIR Courtesy Copy to Agent No Eligibility for Remission 35 Days to Pay or file motion Payment = condition precedent to motion Issue Satisfaction if Paid

15 Judgments Not Paid If not paid within 35 days 2 Copies to DFS, OIR and Sheriff No Bonds for Agent If not paid within 50 days Surety may not underwrite bonds No notice requirements, but courtesy

17 Notice of Payment Payment tolls effect of judgment Before certificate of nonpayment Notify DFS and OIR After certificate of nonpayment Notify DFS, OIR and sheriff Notify any other clerk or sheriff who received notice of nonpayment

18 Setting Aside Judgment Surrender not basis to set aside After 35 days, judgment must be jurisdictionally void Relief under Fl.R.Civ.Proc excusable neglect Remission available, if set aside Order granting must be recorded

19 REMISSION Forfeiture Must be Paid Pre-Judgment Agent/Surety buying 2 yr extension of time Motion filed w/i 2 yrs but can be heard later Reimbursement % based on re-arrest date Clerk Necessary Party

20 DFS AUDIT GOAL Increased Enforcement Measures and Collections Multiple Findings in each county Don s Opinion =

21 DFS TRACKING Started May of 2012 Less than 20 counties now 40 counties sending notices Sheriff (and/or Clerk) to Enforce 35/50 day rules

22 DFS Tracking Continued DFS civil action against agent In 2 years 105 cases initiated under (1)(m) Hefty fines plus have to pay off the judgment(s) # Penalty / Outcome 2 Permanently barred from the insurance business 3 License suspended for at least 3 months 31 Licensees fined a total of $58, Placed on probation of 1 year or longer 1 Licensee allowed to surrender 7 Licensees issued a letter of guidance (warning) 43 Cases closed without action: Money deposited with the clerk of the court Judgment entered in error Judgment satisfied timely, but not recorded Court vacated judgment prior to our case Defendant in jail at the time judgment was entered 5 Cases submitted for legal review & awaiting penalty 3 Open cases being worked now

23 Cash Bond Issues We Get Paid First withhold any owed court money before returning What about depositor? Can you check them? Ensure Proper Notice to Depositor Can a forfeiture of a cash bond be discharged? Is remission available? Who is proper party to file for remission?

24 Contact Info for Your Presenters Don Barbee, Esq. Clerk of Circuit Court, Hernando Co., Jean Sperbeck, Esq. General Counsel, Alachua Clerk of Circuit Court, Ray Wenger, Financial Administrator, Department of Financial Services,

THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO. 4.06 BAIL BOND ACTIONS

THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO. 4.06 BAIL BOND ACTIONS In order to provide guidelines concerning bond forfeitures in accordance with Chapter 903, Florida Statutes, IT IS