1.
What elected official is responsible for the licensing and regulation of bail bondsmen?
Correct Answer
C. The Chief Financial Officer
2.
What department is the Chief Financial Officer’s supervision?
Correct Answer
A. The Department of Financial Services
3.
Which two chapters of the Florida Statutes govern Bail in Bail Bondsmen
Correct Answer
D. Chapters 648 and 903
4.
What effect does the rules of the Chief Financial Officer have on bondsmen
Correct Answer
B. Has the same effect
5.
Name the criminal defendant’s bonds.
Correct Answer
Bail Bonds Appeal Bonds
Supersedeas Bonds Habeas Corpus Bonds
Extradition Bonds Ne Exeat Bonds
6.
Which of the criminal defendant bonds from the previous question may be used in civil cases?
Correct Answer
B. Civil Contempt Bonds and Ne Exeat Bonds
7.
Briefly discus the process of extradition.
Correct Answer
When the defendant commits a crime in one jurisdiction (state) and flees to another where he is arrested, the governors will work out the process of sending him back to the state where crime was enacted. The extradition bond allows freedom during process.
8.
What is the primary (most important) obligation of a:
Ne Exeat Bond? Civil Contempt Bond?
Correct Answer
Ne Exeat Bond – that the defendant will not flee court jurisdiction and report to court when ordered.
Civil Contempt Bond – Results from failure to obey court order, such as child support.
9.
Other than surrender of the defendant and payment of costs, how may a habeas corpus bond be satisfied?
Correct Answer
B. If the court decides defendant should not have been held in the first place.
10.
What is the purpose of a Writ of Supersedeas?
Correct Answer
Orders a delay in execution of a lower court order (ex deadly disease). A “stay”.
11.
For what two reasons may an appeal bond be forfeited?
Correct Answer
A. 1) Failure to surrender
2) Failure to pursue appeal process correctly.
12.
A limited surety agent attaches a power of attorney to each bond. What does this instrument pledge as security
Correct Answer
actually pledge is asset value of surety company.
13.
What does the law require of an applicant for bail bond license regaurding:AgeResidenceEducationLicensure
Correct Answer
Age: 18 or older
Residence: bona fide resident of Florida
Education: complete basic certificate course and correspondence course within 4 years of application.
Licensure: Obtain temporary.
14.
Define "APPELLANT "
Correct Answer
B. One who brings appeal
15.
Define "SUPERSEDEAS"
Correct Answer
D. You shall forbear
16.
Define "Habeas Corpus"
Correct Answer
B. You have the body
17.
Define "extradite"
Correct Answer
B. To deliver out
18.
Define "Writ"
Correct Answer
C. Any written court order
19.
Define "Warrent"
Correct Answer
B. Written order for arrest
20.
Define "forfeit"
Correct Answer
B. To surrender; give up as a penalty
21.
Define "surety"
Correct Answer
A. One who guarantees the obligation of another
22.
Define "sufficiency"
Correct Answer
B. Ampleness, adequacy
23.
In what places may a bondsman NOT solicit business?
Correct Answer
In or around any place where prisoners are confined or on the grounds
24.
Registration requirements;
a) With what official(s) must a bondsmen register?
Correct Answer
B. Sheriff and clerk of the court in residence County and any other county bail to be written.
25.
Distinguish between actual authority and apparent authority.
Correct Answer
ACTUALY ATHOURITY is the authority granted by a contract
APPRENT ATHOURITY that authority the public reasonably believes the agent has.
26.
What information must appear on a bondsman sign?
Correct Answer
Business name and name of each licensed bondsmen employed there.
If in a building with a directory, business name should appear
27.
What bail bond records must a bondsmen keep?
Correct Answer
Daily bond register
Individual file
Records to show money sent to surety company or MGA (managing general agent)
28.
For how long must a bondsmen keep up his record keeping?
Correct Answer
C. 3 years after bond discharge
29.
List the five elements of fraud.
Correct Answer
False statement must be made.
The party who makes the statement must know that is untrue.
The party making the statement must intend the other party to believe the falsehood.
The other party must accept the false statement as true.
The other party must be damaged as a result.
30.
List five essential elements of a valid contract.
Correct Answer
Agreement
Offer and acceptance
Consideration
Competent parties
Legality of object
31.
How often should a bondsmen register?
Correct Answer
Before writing a fast bond
Before 4/1 (April 1st) on odd numbered years
Before writing your first bond
32.
What is meant by “normal business hours”?
Correct Answer
At least 8 hours daily, Monday through Friday, except holidays, from 8 A.M. to 6 P.M.
33.
What types of persons may NOT be employed in a bail bond office?
Correct Answer
Law Enforcement officers
Anyone guilty of a felony
Those denied a license or had one cancelled in any state.
34.
Name and briefly define the three parties to a bail bond contract.
Correct Answer
Obligee (Governor of Florida or President of US) One whom obligation is owed.
Obligator (principal defendant) one who owes the obligation
Surety one who guarantees obligors action
35.
In addition to a premium, what other fee may a bondsman accept?
Correct Answer
Transfer fee up to $100.00
Any increase in current bond premium
36.
For what five reasons may a bondsmen surrender a defendant without refunding the premium?
Correct Answer
1) Defendant leaves the court jurisdiction without written permission.
2) Defendant moves from one address to another without
3) Defendant commits any act showing intention to cause forfeiture of bond.
4) Defendant arrested for any offense other than minor traffic violation.
5) Defendant makes material false statement on bond application.
37.
What is the current bond premium rate on:
a) A state bond OVER $1000.00? $50.00 (minimum)
b) A state bond UNDER $1000.00? 10% of the bond penalty
c) A federal bond? 15% of the bond penalty
Correct Answer
a) A state bond OVER $1000.00? $50.00 (minimum)
b) A state bond UNDER $1000.00? 10% of the bond penalty
c) A federal bond? 15% of the bond penalty
38.
What information must be shown on a premium receipt?
Correct Answer
The date
Name of principal
Amount of money was received
Purpose of money was received
Renal sum of bond
Number of power of attorney attached
Name of person making the payment.
39.
For what two reasons must the premium be returned?
Correct Answer
When the court has no jurisdiction over defendant
When defendant surrenders with no violation of any contract term
40.
What official (s) may approve and accept:
A bail bond?
An appeal bond?
Correct Answer
A bail bond? The sheriff or the committing magistrate
An appeal bond? Clerk of the trial court
41.
When is the amount of bail considered just right?
Correct Answer
B. When the defendant can afford it but now afford to lose it
42.
What are the only two essental elements of a vaild bail contract
Correct Answer
place of apperance
amount of bond
43.
For what three reasons may a foreiture be dischaged within 60 days?
Correct Answer(s)
A. Defendant unable to appear for a valid reason
C. Defendant insane
D. Defendant re arrested
44.
Which court has original jurisdiction over felonies
Correct Answer
C. Circuit Court
45.
Which court has original jurisdiction over misdemeanors?
Correct Answer
B. County Court
46.
What official must send notice to the surety of a required court appearance by the defendant?
How much notice must be given?
Correct Answer
Clerk of the court
72 hours, except holidays and weekends
47.
What is the result of a judgment that remains unpaid for:(a) 35 days? (b) 50 days?
Correct Answer
(a) 35 days? Bondsman cannot write additional bonds and is subject to cost of judgment
(b) 50 days? Surety itself cannot execute new bond
48.
What is the result of a judgment that remains unpaid for:90 days?180 days?270 days?1 year?2 years?
Correct Answer
90 days? 100%
180 days? 95%
270 days? 90%
1 year? 85%
2 years? 50%
49.
Which persons may arrest a defendant who has been released on bail for the purpose of surrendering him?
Correct Answer(s)
A. Law Enforcment officer
B. Another agent of some surety company
D. Bondsman who wrote the bond
50.
If a bondsman is basing his request for remission on his efforts to arrest and surender the defendant, what must he furnish to the court?
Correct Answer(s)
He must document all efforts to arrest defendnat, prove all attempts to arrest defendant