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Bail Bonds Exam Questions With 100% Correct Answers 2023 elected official responsible for regulation and licensing of bail bondsmen - CORRECT ANSWER -Chief financial officer department under the supervision of the Chief Financial Officer - CORRECT ANSWER -Florida Dept of Financial Services What chapters of the Florida Statutes govern bail and bail bondsmen? - CORRECT ANSWER -Chapters 648 & 903 What effects do the rules of the Chief Financial Officer have on bondsmen? - CORRECT ANSWER -The same as the Statutes and must be adhered to in the same manner
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elected official responsible for regulation and licensing of bail bondsmen - CORRECT ANSWER - Chief financial officer department under the supervision of the Chief Financial Officer - CORRECT ANSWER - Florida Dept of Financial Services What chapters of the Florida Statutes govern bail and bail bondsmen? - CORRECT ANSWER - Chapters 648 & 903 What effects do the rules of the Chief Financial Officer have on bondsmen? - CORRECT ANSWER - The same as the Statutes and must be adhered to in the same manner Name the Criminal Defendants Bonds - CORRECT ANSWER - 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? - CORRECT ANSWER - Ne Exeat & Civil Contempt Bonds What is extradition? - CORRECT ANSWER - 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 - CORRECT ANSWER - That the defendant may not leave the state and must appear in court Most important obligation of a Civil Contempt Bond - CORRECT ANSWER - That the defendant obey all the orders of the court What three ways can a Habeus Corpus Bond be satisfied? - CORRECT ANSWER - 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? - CORRECT ANSWER - 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? - CORRECT ANSWER - 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? - CORRECT ANSWER - The assets of the surety company to cover the bond Appelant - CORRECT ANSWER - One who brings an appeal Supercedeas - CORRECT ANSWER - You shall forebear Habeas Corpus - CORRECT ANSWER - You have the Body Extradite - CORRECT ANSWER - deliver out Ne Exeat - CORRECT ANSWER - No exit Writ - CORRECT ANSWER - any written court order Warrant - CORRECT ANSWER - Written order for arrest Forfeit - CORRECT ANSWER - To surrender, give up as a penalty Surety - CORRECT ANSWER - One who guarantees the obligations of another Sufficiency - CORRECT ANSWER - Ampleness; Adequacy the 5 elements of fraud - CORRECT ANSWER - 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 - CORRECT ANSWER - Authority which is granted to the agent by contract Apparent authority - CORRECT ANSWER - assumed by the public to be actual authority, but not truly allotted by the insurer Five elements of a valid contract - CORRECT ANSWER - Agreement Proposition Consideration Competency Legality With what officials must a bondsman register? - CORRECT ANSWER - 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? - CORRECT ANSWER - Before writing their first bond and before April 1st of every odd numbered year
What 3 bail bond records must a bondsman keep? - CORRECT ANSWER - A daily register An individual file for each defendant Record of premiums received by the insurance company How long must a bondsman keep records? - CORRECT ANSWER - 3 years after discharge What are normal business hours? - CORRECT ANSWER - 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? - CORRECT ANSWER - Between 8am and 9pm What information must appear on a bondsmans sign? - CORRECT ANSWER - Business name... readable from a reasonable distance away What information regarding bonds may NOT appear on a bondsmans sign? - CORRECT ANSWER - the name may not imply a reduced rate of premium Where is it illegal for a bondsman to solicit business? - CORRECT ANSWER - 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/ - CORRECT ANSWER - 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 - CORRECT ANSWER - the intentional withholding of facts False swearing - CORRECT ANSWER - A falsehood put in writing and sworn before a notary General agent - CORRECT ANSWER - Person appointed by a surety company to supervise agents Misrepresentation - CORRECT ANSWER - Untrue statements made before a contract is signed Waiver - CORRECT ANSWER - The giving up of a known right Perjury - CORRECT ANSWER - Lie told under oath Execute - CORRECT ANSWER - To complete and sign Void - CORRECT ANSWER - Unenforceable by either party Agency - CORRECT ANSWER - Relationship in which one person acts on behalf of another
Valid - CORRECT ANSWER - Enforceable by either party Obligee - CORRECT ANSWER - Party to whom the obligation is owed... the President and the Governor of Florida Obligor - CORRECT ANSWER - Party who owes the obligation - the Principal Surety - CORRECT ANSWER - Party that takes responsibility for the actions of the obligor and pays for the obligor defaulting if they do Who may approve and accept a Bail Bond? - CORRECT ANSWER - The Sheriff or the committing magistrate Who may approve and accept an Appeal Bond? - CORRECT ANSWER - The Clerk of the Trial Court What other fee may a bondsman accept in addition to premium? - CORRECT ANSWER - A transfer fee of up to $100 per defendant What if the most a transfer fee can be? - CORRECT ANSWER - $100 per defendant What if the percentage of premium on a Federal Bond? - CORRECT ANSWER - 15% For what 5 reasons may a bondsman surrender a defendant without returning the premium? - CORRECT ANSWER - If the defendant leaves the jurisdiction of the court If the defendant moves or changes addresses without notifying the surety Any action by the defendant that constitute reasonable evidence of their intent to forfeit the bond If the defendant is arrested for any other offenses except minor traffic violations It the defendant makes material false statements in the bond application For what 2 reasons must the premium be returned? - CORRECT ANSWER - If it is found that the defendant doesnt fall under the jurisdiction of the court to which the bond was written If the defendant is surrendered back to the jail by the surety but hasn't violated the contract What information must be shown on a premium receipt? - CORRECT ANSWER -- date
Felony - CORRECT ANSWER - A crime punishable by death or a term of years in prison Misdemeanor - CORRECT ANSWER - A crime punishable by a fine or a term of less than one year Indictment - CORRECT ANSWER - A true bill of a grand jury Information - CORRECT ANSWER - Written accusation by a state attorney Indemnity - CORRECT ANSWER - Obligation of one person to make good the losses of another Affidavit - CORRECT ANSWER - Sworn statement Estreat - CORRECT ANSWER - Process of calling on the surety to produce the defendant before the court Collateral - CORRECT ANSWER - Something of value given or promised as security for a bond Name the four courts in the Florida Judicial system - CORRECT ANSWER - Florida Supreme Court District Courts of Appeal Circuit Courts County Courts Which Court has original jurisdiction over Felonies? - CORRECT ANSWER - Circuit Court Which court has original jurisdiction over misdemeanors? - CORRECT ANSWER - County Court What official must send notice to the surety of a required court appearance? - CORRECT ANSWER - the Clerk of Court How much notice must the Clerk of Court give of a required court appearance? - CORRECT ANSWER - 72 hours For what three reasons may a forfeiture be discharged within 60 days? - CORRECT ANSWER - Extinuating circumstances beyond the defendants control that prevented them from appearing If the defendant is incarcerated at the time of the required appearance If the defendant if surrendered or arrested before enough time passes to delay the proper prosecution of the defendant Who may arrest a defendant who is on bail for the purpose of surrending them? - CORRECT ANSWER - Any law enforcement officer
The bondman Any agent under the same surety as the bondsman Nolle Prosequi or Nolle Pross - CORRECT ANSWER - "Unwilling to prosecute" usually due to lack of evidence What percentage of the bond payment is recoverable through remission after 90 days? - CORRECT ANSWER - 100% What percentage of the bond payment is recoverable through remission after 180 days? - CORRECT ANSWER - 95% What percentage of the bond payment is recoverable through remission after 270 days? - CORRECT ANSWER - 90% What percentage of the bond payment is recoverable through remission after 1 year? - CORRECT ANSWER - 85% What percentage of the bond payment is recoverable through remission after 2 years? - CORRECT ANSWER - 50% Breach - CORRECT ANSWER - Failure to perform as agreed Jurisdiction - CORRECT ANSWER - The ability of the court to hear a case Vacate - CORRECT ANSWER - Set Aside / Render void Exonerate - CORRECT ANSWER - Release from duty or obligation Liability - CORRECT ANSWER - Obligation that must be performed Adjudicate - CORRECT ANSWER - to decide a matter based on evidence Disposition - CORRECT ANSWER - Final settlement Judgement - CORRECT ANSWER - Court order for payment What types of collateral may be accepted on bonds of over $50000? - CORRECT ANSWER - Stock in closed corporations Patents, copyrights or trademarks additionally, collateral must also always include a promissory note, indemnity agreement &/or a real property mortgage In whos name must the collateral be taken? - CORRECT ANSWER - the suretys name, with the bondsman as the fiduciary How must cash collateral be held? - CORRECT ANSWER - Under $5000 must be held in an account separate from any other funds belonging to the surety company or the bondsman. OVER $5000 must be held by the surety
What is the term (length) of an indemnity contract? - CORRECT ANSWER - Indefinite When does an Indemnity agreement become cancellable? - CORRECT ANSWER - When the conditions of the bond are fulfilled What information must appear on a collateral receipt? - CORRECT ANSWER -- The date of the receipt
Signing blank bonds is a... - CORRECT ANSWER - Misdemeanor Willful - CORRECT ANSWER - Intentional Conversion - CORRECT ANSWER - taking anothers property for ones own use Misappropriation - CORRECT ANSWER - Putting the property of another to unlawful or unintended use rebate - CORRECT ANSWER - Give back part of a fee Suspend - CORRECT ANSWER - Set aside temporarily revoke - CORRECT ANSWER - Cancel permanently Fraud - CORRECT ANSWER - intentional deception Conviction - CORRECT ANSWER - Formal finding of guilt Pecuniary - CORRECT ANSWER - Involving money Premium - CORRECT ANSWER - fee received as payment for writing a bond