FLORIDA BAIL BONDS STATE EXAM 2024 | 2 ACTUAL EXAM VERSIONS CURRENTLY TESTING, Exams of Law

Download FLORIDA BAIL BONDS STATE EXAM 2024 | 2 ACTUAL EXAM VERSIONS CURRENTLY TESTING and more Exams Law in PDF only on Docsity! FLORIDA BAIL BONDS STATE EXAM 2024 | 2 ACTUAL EXAM VERSIONS CURRENTLY TESTING WITH A PRACTICE EXAM TEST BANK AND A STUDY GUIDE | ACCURATE AND EXPERT VRRIFIED FOR GUARANTEED PASS | LATEST UPDATE Any insurer regularly engaged in the execution of bail bonds in this state shall have a; a. Managing general agent in this state to supervise its agents. b. Temporary bail bond agent in this state to supervise its agents. c. Managing general agent in another state to supervise its agents in Florida. d. Suspended general agent in this state to supervise its agents. e. Managing general agent in this state to arrest its agents. A A managing general agent shall maintain an office in this state and maintain all what relating to bonds issued in this state. a. Records b. Court proceedings c. bonds market d. bond Associations e. Bond engagements A Licensees who are unable to comply with the continuing education requirements due to active duty in the military may submit a; a. Written invitation for a waiver to the department. b. Written place for a waiver to the department. c. Written adjustment for a waiver to the department. d. Written license for a waiver to the department. e. Written request for a waiver to the department. E It is unlawful for a bail bond agent to execute a bail bond without charging a; a. Rebate rate b. Suggested rate c. Premium rate d. Negotiated rate e. Special rate C No person may be admitted to bail upon appeal from a conviction of a felony unless a. The defendant establishes that the appeal is taken in good faith, b. On grounds fairly debatable, and not frivolous c. The defendant establishes that the appeal is taken in bold faith, d. The defendant establishes that the appeal is forced in good faith, e. A and B only E The terms and conditions of all contracts entered into between a principal and a surety for a bail bond shall include the; b. Power of attorney number, c. The date, d. The amount of the premium e. The name of the surety company f. All of the above F An application for licensure as a bail bond agent must be submitted on forms prescribed by the department. The application must include; a. The applicant's full name; date of birth; b. Social security number; c. Residence, business, and mailing addresses; d. Contact telephone numbers, including a business telephone number; and e-mail address. e. All the above E Records to be maintained in the bail bond agent's office include but not limited to: a. Log book of all written bonds. b. Premium Receipt book which shows the % charge for posting the bond. c. Collateral Receipt book which shows a record of property received to indemnify the bond. d. Bank accounts showing e. List of Forfeitures and Judgments. f. All of the above F A bail bond agent or temporary bail bond agent may not; a. Pay a fee or rebate or give anything of value to an attorney in a bail bond matter b. Pay a fee or rebate or give or promise anything of value to the principal or anyone in his or her behalf. c. Participate in the capacity of an attorney at a trial or hearing of one on whose bond he or she is surety. When does concealment happens? a. When one party intentionally conceals information, data, facts that would be useful to the other party's decision before entering the contract. b. When one party sues the other c. When oral agreements are made d. None of the Above A For an action to be successful, some criteria must be met in order to prove a misrepresentation. These include: a. A false statement of past or existing fact has been made b. The statement was directed at the suing party c. The statement had acted to induce the suing party to contract d. All of the above is correct D A fiduciary relationship includes; a. One of trust and confidence. b. When one party acts for the benefit of another. c. Both A and B above are true d. None of the above C What is not true of a contract uberrimae fidei a. A contract of 'utmost good faith'. b. It is not similar to fiduciary relationships. c. The parties are required to make known all material facts influencing the contract. d. Contracts uberrimae fidei usually arise when one party has knowledge which the other does not have access to. e. Contracts which are commonly considered to be of such a nature include contracts of insurance and family agreements. B A person appointed under this section 648.382 must hold; a. A valid bail bond agent's or temporary bail bond agent's license. b. An invalid bail bond agent's or temporary bail bond agent's license. c. A valid bail bond agent's or temporary bail bond agent's number. d. All of the above are correct A Each appointing insurer, managing general agent, or bail bond agent must advise the department in writing within how many days after receiving notice or learning that an appointee has been arrested for, pled guilty or nolo contendere to, or been found guilty of, a felony or other offense punishable by imprisonment of 1 year or more under the law of any jurisdiction, whether judgment was entered or withheld by the court. a. 5 days b. 7 days c. 8 days d. 9 days e. 50 days A What is true about the entrance and sign of a bail agency; a. The place of business of the applicant will be located in this state and in the county where the applicant will maintain his or her records b. Be actively engaged in the bail bond business and maintain an agency accessible to the public which is open for reasonable business hours. c. Both A and B above are true d. None is applicable C The place a bail bond agent will actively engage in Business must be; a. In a building suitably designated as a bail bond agency b. Open to the public c. Must have a Primary Agent appointed d. Must be maintained, open and accessible to the public to render service during reasonable business hours. e. All of the above is correct E The rule in chapters 69B-221.051, "accessible to the public means; a. The entrance shall be suitably designated by a sign or other display, b. Readable from a reasonable distance c. Sign should provide at a minimum the agency name d. If a bail bond agency is located in a building which maintains a uniform office directory on its premises, the directory shall provide at a minimum the current name of that bail bond agency. e. All of the above is correct E A temporary bail bond agent must be employed; a. Full-time b. Part-time c. On-Line d. On-Phone e. Long distance A A surety may arrest the defendant; a. Before a forfeiture of the bond for the purpose of surrendering the defendant or the surety may authorize a peace officer to make the arrest by endorsing the authorization on a certified copy of the bond. b. After a forfeiture of the bond for the purpose of surrendering the defendant or the surety may authorize a peace officer to make the arrest by endorsing the authorization on a certified copy of the bond. c. A and B only d. None of the above C If there is a breach of the bond, the court shall declare the bond and any bonds or money deposited as bail forfeited then; a. The clerk of the court shall mail a notice to the surety agent and surety company in writing within 5 days of the forfeiture. b. A certificate signed by the clerk of the court or the clerk's designee, certifying that the notice required herein was mailed on a specified date and accompanied by a copy of the required notice, shall constitute sufficient proof that such mailing was properly accomplished as indicated therein. c. If such mailing was properly accomplished as evidenced by such certificate, the failure of the surety agent, of a company, or of a defendant to receive such mail notice shall not constitute a defense to such forfeiture and shall not be grounds for discharge, remission, reduction, set aside, or continuance of such forfeiture. d. The forfeiture shall be paid within 60 days o E Defects in bond. a. A bond shall not be held invalid because of any irregularity if it was taken by a legally authorized official and states the place of appearance and the amount of bail. b. A bond shall be held invalid because of any irregularity if it was taken by a legally authorized official and states the place of appearance and the amount of bail. c. If no day, or an impossible day, is stated in a bond for the defendant's appearance for trial, the defendant shall be bound to appear on the first day of the next term of court that will commence more than 3 days after the undertaking is given. d. A and C only A In the light of Contract between surety and defendant: The terms and conditions of all contracts entered into between a principal and a surety for a bail bond shall set forth the a. bond number, b. the date, c. the amount of the premium d. A and C only e. A, B, C only E The following terms and conditions are an integral part of an application for appearance; a. Bond Number b. Date c. Surety Company or its agent shall receive a premium d. The amount and parties to the contract e. All the above are required E Any bail bond agent who surrenders or recommits a defendant prior to a forfeiture shall execute form DFS- H2-1542 (07/02) titled a. "Statement of Surrender Form" b. "Statement of Surrounder Form" c. "Statement of Security Form" d. "Statement of Support Form" e. None of the above A The source of funds used to post bail or procure an appearance bond, particularly whether the proffered funds, real property, property, or any proposed collateral or bond premium may be linked to or derived from a. The crime alleged to have been committed b. From any other criminal or illicit activities c. The burden of establishing the non-involvement in or non-derivation from criminal or other illicit activity of such proffered funds, real property, property, or any proposed collateral or bond premium falls upon the defendant or other person proffering them to obtain the defendant's release. d. All of the above e. A and C only D A bail bond agent shall charge; a. Any charges he chooses in consideration for services rendered to the principal or indemnitor in connection with a bail bond, b. No bail bond agent shall charge, collect, or receive any fee or consideration for services rendered to the principal or indemnitor in connection with a bail bond, c. Except those fees listed in subsection (4) and costs necessary to apprehend the principal in the event the principal attempts to flee the jurisdiction of the courts. d. B and C only e. All except C D Prohibited fees include, but are not limited to; a. Any costs regarding arrest, transportation, and surrender within the specified jurisdiction of the court, b. Charges for storage, maintenance or return of collateral, including releases of liens or satisfactions of mortgages, c. Charges for researching case dispositions or obtaining bond discharges d. Any charge for other services ordinarily performed by a bondsman or their employees in the regular course of business and any other expenses not documented by check or receipt. e. All the above are prohibited E After a person is held to answer by a trial court judge, the court having jurisdiction to try the defendant shall, before indictment, affidavit, or information is filed, have jurisdiction to hear and decide all preliminary motions regarding bail and production or impounding of; a. All articles, b. Writings, c. Moneys, d. Or other exhibits expected to be used at the trial by either the state or the defendant. e. All the above E The Department of Corrections shall have the authority on the request of a circuit court when a person charged with a noncapital crime or bailable offense is held, to make an investigation and report to the court, including: a. The circumstances of the accused's family, employment, financial resources, character, mental condition, and length of residence in the community; b. The accused's record of convictions, of appearance at court proceedings, of flight to avoid prosecution, or failure to appear at court proceedings; and c. Other facts that may be needed to assist the court in its determination of the indigency of the accused and whether she or he should be released on her or his own recognizance. d. The court shall not be bound by the recommendations. e. All the above E The jurisdiction of the Supreme Court is set out in the Constitution with some degree of what by which the Legislature may add or take away certain categories of cases. a. flexibility b. Supportivity c. Amendability d. Amenability e. Rigidity A The Supreme Court has the constitutional authority to; a. Issue the extraordinary writs of prohibition, mandamus, quo warranto, and habeas corpus and to b. Issue all other writs necessary to the complete exercise of its jurisdiction. c. These writs, which bear names as ancient as their common-law origins, have been considered indispensable to our legal system, and d. The Constitution specifically authorizes their issuance in a proper case without the necessity of IF THE DEFENDANT SURRENDERS OR IS APPREHENDED WITHIN 1 YEAR AFTER FORFEITURE, THE COURT, ON MOTION AT A HEARING UPON NOTICE HAVING BEEN GIVEN TO THE CLERK OF THE CIRCUIT COURT AND THE STATE ATTORNEY AS REQUIRED, SHALL DIRECT REMISSION OF UP TO, BUT NOT MORE THAN, a. 80 percent of a forfeiture b. 75 percent of a forfeiture c. 95 percent of a forfeiture d. 65 percent of a forfeiture e. 85 percent of a forfeiture E THE CLERK OF THE CIRCUIT COURT HAS HOW MANY DAYS TO ENTER A JUDGMENT WHEN FORFEITURE HAS NOT BEEN PAID? a. 30 days b. 40 days c. 50 days d. 60 days e. 70 days D SURETY BAIL BONDS MAY NOT BE EXECUTED BY A BAIL BOND AGENT AGAINST WHOM A JUDGMENT HAS BEEN ENTERED WHICH HAS REMAINED UNPAID FOR a) 25 days b) 35 days c) 45 days d) 55 days e) 65 days B SURETY BAIL BONDS MAY NOT BE EXECUTED FOR A COMPANY AGAINST WHOM A JUDGMENT HAS BEEN ENTERED WHICH HAS REMAINED UNPAID FOR a) 50 days. b) 60 days. c) 20 days. d) 40 days. e) 70 days. A NO SHERIFF OR OTHER OFFICIAL WHO IS EMPOWERED TO ACCEPT OR APPROVE SURETY BAIL BONDS SHALL ACCEPT OR APPROVE SUCH A BOND EXECUTED BY SUCH A BAIL BOND AGENT OR EXECUTED FOR SUCH A COMPANY UNTIL SUCH a) Judgment has been remitted. b) Judgment has been overturned. c) Judgment has been paid. d) Judgment has failed. e) Judgment has greened up. C (843.15) FAILURE OF DEFENDANT ON BAIL TO APPEAR.— (1) WHOEVER, HAVING BEEN RELEASED PURSUANT TO CHAPTER 903, WILLFULLY FAILS TO APPEAR BEFORE ANY COURT OR JUDICIAL OFFICER AS REQUIRED SHALL INCUR A FORFEITURE OF ANY SECURITY WHICH WAS GIVEN OR PLEDGED FOR HER OR HIS RELEASE AND, IN ADDITION, SHALL: a. If she or he was released in connection with a charge of felony or while awaiting sentence or pending review by certiorari after conviction of any offense, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, or; b. If she or he was released in connection with a charge of misdemeanor, be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. c. Nothing in this section shall interfere with or prevent the exercise by any court of its power to punish for contempt. d. All apply D COLLATERAL MUST BE RETURNED TO THE INDEMNITOR BY a. The Principal b. The Obligee c. The Department of Financial Services d. The Surety D COLLATERAL MUST BE RETURNED TO THE INDEMNITOR ON COMPLETION OF THE CASE a. Within 21 days b. Three Months c. Never d. When a complaint is made to the Department of Financial Services. A THE PROMISSORY NOTE AND INDEMNITY AGREEMENT MUST BE RETURNED TO THE INDEMNITOR ON COMPLETION OF THE CASE a. True b. False B A COPY OF IRS FORM 8300 MUST BE RETAINED AS PART OF a. Principal File b. Insurer File c. Surety File d. DFS File A A QUIT CLAIM DEED FOR PROPERTY MAY NOT BE TAKEN AS COLLATERAL a. True False A PROMISSORY NOTE : INDEMNITY AGREEMENT, REAL PROPERTY MORTGAGE IN THE NAME OF THE INSURER, ANY UNIFORM-FORM COMMERCIAL CODE FILING OR ANY OTHER TYPE OF SECURITY APPROVED BY THE DEPARTMENT a. The Above are all indemnities b. The Above are Names & Given to the Temporary Agent c. Collateral Security d. Bail Bond Agent's office equipment A WHICH BEST DEFINES THE CONCEPT OF INDEMNITY? a. A contract to compensate or reimburse a person for possible loss of a particular type. b. An agreement whereby one party agrees to secure another against an anticipated loss or damage. c. Both "A" & "B" above are correct. d. Neither "A" & "B" above are correct C b. Indemnity Agreement c. Indemnitor's vehicle which was held by the bail bond agent None of the above must be returned to the indemnitor C 1. FLORIDA STATUTES ALLOW FOR ANY OTHER TYPE OF SECURITY APPROVED BY THE DEPARTMENT FOR COLLATERAL WHEN BOND IS OVER $50,000. WHICH IS ALLOWED? a. Boats, jewellery or other chattel (personal property) with sufficient value b. Shares of stock in a publicly traded corporation c. Patents, trademarks or copyrights d. Both B & C above are correct D 1. FLORIDA STATUTES REQUIRE THE BOND AGENT TO IMMEDIATELY FORWARD TO THE SURETY CASH COLLATERAL IN CERTAIN CASES WHICH IS MOST CORRECT? a. Must forward in all cases b. Must forward in capital cases c. Must forward if collateral exceeds $5,000. d. Must forward if collateral exceeds $9,999. C 1. WHAT MUST BE DONE WITH THE COLLATERAL RECEIPT? a. Original to principal, copy in bondsman's record of the bond b. Original to indemnitor, copy in bondsman's record of the bond c. Original to principal, copy to indemnitor Original to indemnitor, copy to department & copy kept in records B 1. WHICH IS CORRECT ABOUT A TEMPORARY LIMITED SURETY AGENT & COLLATERAL? a. A temporary bail bond agent is prohibited from handling or accepting collateral until a properly executed receipt has been issued by a licensed and appointed bail bond agent. b. A temporary bail bond agent is allowed to handle collateral however, he (she) is prohibited from handling collateral receipts. c. A temporary bail bond agent is prohibited from handling collateral, however he (she) is allowed to handle collateral receipts d. A temporary bail bond agent is allowed to handle collateral and collateral receipts A 1. WHICH IS MOST CORRECT REGARDING THE SURETY'S ACCOUNTS FOR CASH COLLATERAL? a. One Bank account is allowed for all funds : Business and collateral, but collateral cannot be spent b. A separate, individual account must be set up for each bond written c. Agent needs an account for his business funds & totally separate account for holding collateral d. If a separate account is used it must bear interest C 1. WHAT IS IT CALLED IF A BOND AGENT USES COLLATERAL FOR HIS OWN GAIN? a. Conversion b. Concealment c. Pecuniary Advantage d. Pecuniary Fiduciary adversarial action A 1. AFTER THE COURT'S WRITTEN DISCHARGE, WHEN MUST COLLATERAL BE RETURNED? a. 14 calendar days b. 21 calendar days c. 15 business days B 1. WHAT IS REQUIRED BY STATUTE FOR THE SURETY TO DO, WHEN COLLATERAL IS RETURNED a. There are no special requirements b. They must provide the indemnitor with a certified receipt c. They must keep a copy of the receipt in the permanent bond record d. They must notify the department of insurance within 21 days C 1. WHAT METHODS ARE PERMITTED FOR THE SURETY TO DEDUCT EXPENSE & COSTS FROM COLLATERAL OR OTHERWISE OFFSET LOSSES, AFTER FORFEITURE BY THE DEFENDANT? I. May retain an amount not to exceed 10% of bond for expenses in locating & returning defendant PLUS not to exceed an additional 20% of bond for the cost of converting collateral after forfeiture II. Surety May retain an amount not to exceed 10% of the Bond for expense in locating and returning the defendant INCLUDING the cost of converting the collateral after forfeiture III. The surety could institute a civil lawsuit to attempt to collect any additional cost or expenditures incurred in locating or apprehending defendant or if indemnitor disputed the validity of the costs. a. I only b. I and III c. II and III d. All of the above B WHO REGULATES INSURANCE COMPANIES AND INSURANCE AGENTS IN FLORIDA? a) Bail Bond Regulatory Department of Florida b) Chief Financial Officer c) Lexington Insurance Company d) None of the Above B WHAT IS THE NAME OF THE PERSON IN CHARGE OF THE DEPARTMENT OF FINANCIAL SERVICES; a) Jebb Bushwater b) Jimmy Patronis c) Jeff Atwater d) None of the above B WHICH TWO CHAPTERS OF THE FLORIDA STATUTES GOVERNS BAIL BONDSMEN IN THE STATE OF FLORIDA? a) Chapters 649 and Chapter 904 b) Chapters 648 and Chapter 903 c) Chapters 483 and Chapters 905 d) All of the above applies B IF A PERSON IS ADMITTED TO BAIL ON APPEAL COMMITS AND IS CONVICTED OF A SEPARATE FELONY WHILE FREE ON APPEAL, WHAT ACTION CAN BE TAKEN? a) Defendant gets released on own recognizance b) Bail on appeal revoked and the defendant committed forthwith c) Nothing happens d) Both B and C above is correct B WHICH OF THE DEFECTS BELOW WILL THE LIABILITY OF A SURETY NOT BE DISCHARGED? a) By his/her lack of qualifications required by law b) Failure of the defendant to sign the contract c) Both A and B above d) None of the above THE BRANCH OF GOVERNMENT VESTED WITH THE POWER TO INTERPRET AND APPLY THE LAW, THE COURT SYSTEM IS THE; a) Supreme Court b) Judiciary c) Legislative d) Executive B THE POWER OR AUTHORITY OF A COURT TO HEAR AND TRY A CASE IN THE FIRST PLACE IS CALLED: a) Original Jurisdiction b) Personal Jurisdiction c) Indictment d) Arraignment A WHICH OF THE FOLLOWING CASES ARE USUALLY HEARD IN LIMITED JURISDICTION COURTS? a) Petit theft b) Traffic violations c) Grand theft d) Violation of probation B THE FORMAL DECLARATION BY THE PROSECUTING ATTORNEY THAT A CASE WILL NOT BE FURTHER PROSECUTED IS REFERRED TO AS: a) No information b) Nolle Prosequi c) Defendant plead guilty d) None of the above is correct B IN BAIL CONTRACTS, THE STATE OF FLORIDA, AS REPRESENTED BY THE COURTS IS REFERRED TO AS THE: a) Obligor b) Obligee c) Judiciary d) All of the above is correct B WHEN A PERSON IS RELEASED FROM CUSTODY ON HIS OWN RECOGNIZANCE, HOW MUCH MONEY ARE THEY REQUIRED TO PAY? a) 10% of the bond b) None c) $500 d) All of the above B WHICH OF THE FOLLOWING IS CORRECT REGARDING POWER OF ATTORNEY IN BAIL BONDS? a) It is a formal instrument authorizing another to act as one's agent or attorney. b) A written instrument, authorizing an agent to perform certain responsibilities on behalf of the principal c) Both A and B above d) None of the above C PAT WAS ARRESTED FOR THE FIRST TIME ON A CHARGE OF PETIT THEFT. SHE WAS PLACED IN A REMEDIAL PROGRAMME WHICH IS USUALLY FOR DEFENDANTS WHO ARE REMOVED FROM THE REGULAR COURT PROCESSES AND PLACED IN A VOLUNTARY PROGRAM OF PROBATION WHICH HAS TO BE COMPLETED WITHIN SIX WEEKS. WHAT IS THIS PROGRAMME CALLED: a) Probation b) Pre-trial intervention c) Principal d) Pre-sentence investigation B IN SURETY CONTRACT, WHICH OF THE FOLLOWING IS USUALLY REFERRED TO AS THE SAME PERSON; a)Obligee and Obligor b) Obligor and Indemnitor c) Principal and Obligee d)None of the above is correct B ALL OF THE FOLLOWING IS TRUE ABOUT THE PROFESSIONAL BONDSMAN EXCEPT: a) Pledges U.S. currency, US postal money order and cashier's check b) Backed by an insurance company c) Pledges property as security for bail bonds in judicial proceedings d) All of the above is correct B THE RETURN OF PART OF A FEE OR PAYMENT IS REFERRED TO AS: a) Premium b) Penal sum c) Rebate d) Collateral C JIMMY WAS ADVISED BY THE CLERK OF COURT THAT THE JUDGE THAT WAS ASSIGNED TO HIS CASE WAS NO LONGER AVAILABLE. WHAT WOULD BE THE MOST REASONABLE EXPLANATION FOR THIS? a) The judge was recused b) Judge was disqualified from hearing the case c) Judge could not try the case because one or both parties objected d) All of the above D WHEN A PLAINTIFF'S RIGHT IS LIMITED TO FILE AN ACTION UNLESS IT IS DONE WITHIN A SPECIFIED TIME PERIOD AFTER THE OCCURRENCE WHICH GIVES RISE TO THE RIGHT TO SUE IS REFERRED TO AS; a) Statute of Frauds b) Statute of Limitations c) Statute of Performance d) Statute of Restitution B A CONTRACT IS AN AGREEMENT BY WHICH ONE PARTY UNDERTAKES AN EXPRESSED PERFORMANCE WITHOUT RECEIVING ANY PROMISE OF PERFORMANCE FROM THE OTHER IS REFERRED TO AS A: a) Bilateral Contract b) Unilateral Contract c) $200 d) $700 B A BAIL BOND AGENT MAY NOT SIGN OR COUNTERSIGN IN BLANK ANY BOND, GIVE A POWER OF ATTORNEY TO, OR OTHERWISE AUTHORIZE ANYONE TO COUNTERSIGN HIS OR HER NAME TO BAIL BONDS UNLESS: a) The person is a temporary limited surety agent employed to the company b) The person so authorized is a licensed and appointed bail bond agent directly employed by the bail bond agent giving such power of attorney c) Both A and B above are correct d) None of the above are allowed B JOE, A BAIL BONDSMAN RECEIVED A CALL FROM A DEFENDANT WHO WANTS TO BE BONDED OUT OF JAIL. JOE IS OUT OF STATE ON A PICK-UP AND CALLED BOBBY, HIS NEIGHBOR WHO IS ALSO A BAIL BONDSMAN TO POST THE BOND. JOE AGREES THAT HE WILL DIVIDE THE PREMIUM 60%/ 40% WITH THE 60% GOING TO BOBBY. WHICH OF THE FOLLOWING IS CORRECT; a) This is allowable under the statute once the insurance company is paid b) A bail bond agent may not divide with others, or share with any commissions payable on account of any bail bond c) Both A and B is correct d) None of the above is correct A MICHELLE, A BAIL BONDSMAN RECENTLY OPENED A BAIL BOND AGENCY AND EMPLOYED A PRIMARY AGENT TO SUPERVISE THE OFFICE. MICHELLE NAMES THE COMPANY "FREE RELEASE BAIL BONDS." WHICH OF THE FOLLOWING IS CORRECT. a) This is allowed under Florida statute b) A bail bond agent may not use any advertisement or advertise under any name that includes the word free. c) A defendant can be released on a surety bond without the payment of a premium. d) None of the above is correct. B COURTNEY WRITES BONDS FOR SIX DIFFERENT BAIL BOND AGENCIES. HE ADVERTISES AS "FLORIDA ALL COUNTY BAIL BONDS" AND LISTS HIMSELF AS THE PRESIDENT ON HIS BUSINESS CARDS. WHICH OF THE FOLLOWING IS CORRECT: a) A bail bond agent may not advertise under a trade name unless the name and address appears on the agent's letterhead. b) This is allowed under Florida statute once he advises the department. c) Both A and B above are correct d) None of the above are allowed A WHICH OF THE FOLLOWING IS INCORRECT; a) A temporary licensee may execute of sign bonds, handle collateral receipts, or deliver bonds to appropriate authorities. b) A temporary licensee may operate an agency or branch agency separate from the location of the supervising bail bond agent c) Both A and B above are incorrect d) None of the above is correct C IN CONTRACT LAW, WHAT DOES SUI JURIS MEANS: a) A breach of the contract has taken place b) This requires that parties be of sane minds and not less than 18 years of age c) Both A and B are correct d) None of the above are correct B WHEN BREACH OF CONTRACT OCCURS AND LOSSES OR DAMAGES OCCUR AS A RESULT OF NON-PERFORMANCE, WHAT ACTIONS CAN THE DISAPPOINTED PARTY PURSUE? a) The disappointed party has to take their loss. No action can be pursued b) The disappointed party will have grounds to file for claims c) None of the above are correct B IF A CONTRACT IS SIGNED BY EITHER OF THE INVOLVED PARTY WITH THE UNDERSTANDING THAT IT WAS SOMETHING ELSE OTHER THAN WHAT THE CONTRACT WAS INTENDED, WHAT ACTIONS CAN BE TAKEN: a) No action can be taken b) Contract still has to be enforced c) This results in failed execution fraud. This voids the contract d) All of the above can be taken. C IF ONE PARTY MAKES A FALSE STATEMENT, CLAIM OR DECLARATION WITH THE INTENT OF INDUCING THE OTHER TO SIGN THE CONTRACT, WHAT HAPPENS? a) Fraud in the execution b) This is fraud in the inducement c) This voids the contract on the basis of deception and fraudulent inducement d) Both B and C are correct D WHICH OF THE FOLLOWING IS REQUIRED FOR CONCEALMENT TO OCCUR? a) When one party intentionally conceals information, data and facts that would be useful to the other party's decision before entering the contract b) It is required that all parties tell the truth to one another at any deal. c) Withholding, omission of facts or failure to tell the truth. d) All of the above should be considered D WHAT HAPPENS WHEN FALSE STATEMENTS OR PROMISES ARE MADE BY A SELLER OF GOODS REGARDING THE QUALITY OR NATURE OF A PRODUCT THAT THE SELLER HAS? a) Misrepresentation b) Concealment c) None of the above d) All of the above A A MISREPRESENTATION OCCURS WHEN? a) A false statement of past or existing fact has been made b) The statement was directed at the suing party c) The statement has acted to induce the suing party to the contract d) All of the above are examples of misrepresentation D WHEN A REPRESENTATIVE MAKES A STATEMENT WHICH PRIMA FACIE IS TECHNICALLY TRUE WHEN HOWEVER, THIS MAY ONLY TELL HALF OF THE STORY IS CALLED; a) Distortion of fact b) Fraud FORM A CONTRACT IN THE FIRST PLACE. WHAT IS THIS CALLED? a) Incapacity to contract b) Capacity to contract c) Void in the execution d) None of the above is correct B INTENTIONALLY WITHHOLDING A MATERIAL FACT FROM AN INSURANCE APPLICATION IS REFERRED TO AS: a) Libel b) Misrepresentation c) Concealment d) All of the above C WHAT IS THE MAXIMUM AMOUNT THE INSURER CAN CHARGE THE SURETY FOR THE BUILD-UP-FUND (BUFF)? a) 20 percent b) 40 percent c) 100 percent d) 50 percent B BAIL BOND AGENT MEANS; a) Limited surety agent b) Professional bail bond agent c) Huggins Bail Bond Agency d) Both A and B above are bail bond agents D A MANAGING GENERAL AGENT PERFORMS ALL OF THE FOLLOWING FUNCTIONS WHICH INCLUDE; a) Supervise or manage the bail bond business written in this state b) Appointed by an insurer c) Manage the day-to day operations of bail bond agencies d) Both A and B above are correct D A LIMITED SURETY AGENT IS: a) Appointed by an insurer b) Professional Bail bondsman c) Uses power of attorney to execute or countersign bail bonds d) Both A and C are correct D A PROFESSIONAL BAIL BOND AGENT IS: a) Any person who pledges Unites States currency, money orders or cashier's check to post bonds b) Any person who pledges the assets of an insurance company to post bonds c) Professional Bail bond is not recognized under Florida statute d) All of the above are correct A MIKE, A TEMPORARY BAIL BOND AGENT IS EMPLOYED AT TGN BAIL BONDS AS A FULL-TIME INTERN. ON WEEKENDS, MIKE ALSO ASSISTS HIS COUSIN BOB WHO OWNS A BAIL BOND AGENCY IN THE SAID COUNTY. CIRCLE THE CORRECT ANSWER BELOW. a) Mike can do this once he advises the Primary agent at TGN where he works full-time b) A temporary licensee may not operate at an agency separate and apart from the location of the supervising agent of the office he is employed c) Mike is allowed to do this once he is not employed full-time at Bob's agency d) Both A and C above are correct B THE OWNER OR OPERATOR OF A BAIL BOND AGENCY SHALL DESIGNATE A PRIMARY BAIL BOND AGENT FOR EACH LOCATION, AND SHALL FILE WITH THE DEPARTMENT THE NAME AND LICENSE NUMBER OF THE PERSON AND ADDRESS OF THE LOCATION ON A FORM APPROVED BY THE DEPARTMENT. IF THE DESIGNATION OF THE PRIMARY AGENT IS CHANGED, WITHIN HOW MANY DAYS MUST THE DEPARTMENT BE NOTIFIED? a) Five working days b) Ten days(inclusive of weekends and holidays) c) Ten days(exclusive of weekends and holidays) d) 21 days C PRIOR TO ANY APPOINTMENT, AN APPROPRIATE OFFICER OR OFFICIAL OF THE APPOINTING INSURER IN THE CASE OF A BAIL BOND AGENT OR AN INSURER, MANAGING GENERAL AGENT, OR BAIL BOND AGENT IN THE CASE OF A TEMPORARY BAIL BOND AGENT MUST SUBMIT: a) A signed statement of affidavit to the department b) A certified statement or affidavit c) Both A and B above are correct d) None of the above are correct B FAILURE TO NOTIFY THE DEPARTMENT WITHIN THE REQUIRED TIME PERIOD SHALL RESULT IN THE APPOINTING ENTITY A DELINQUENT FEE OF; a) $100 b) $250 c) $500 d) None of the above B A BAIL BOND AGENT MAY NOT BECOME A SURETY ON AN UNDERTAKING UNLESS HE OR SHE HAS; a) Registered in the office of the sheriff b) Registered with the Clerk of the circuit Court in the county in which the bail bond agent resides c) File a certified copy of his or her appointment by power of attorney from each insurer which he or she represents as a bail bond agent d) All of the above are correct D A BAIL BOND AGENT SHALL REGISTER AND FILE A CERTIFIED COPY OR RENEWING POWER OF ATTORNEY BY: a) June 1 of each even numbered year b) April 1 of each odd numbered year c) January 1st of odd even numbered year d) April 1 of each even-numbered year B THE PLACE OF BUSINESS OF THE APPLICANT FOR LICENSURE SHALL BE ALL OF THE FOLLOWING EXCEPT: a) In the county where the applicant will maintain his or her records b) Not located in this state EACH REGISTERED BONDSMAN IS REQUIRED TO COMPLETE EDUCATIONAL REQUIREMENTS IN ORDER FOR THE LICENSE TO REMAIN ACTIVE. WHEN SHOULD THIS BE DONE? a)14 hours every year by your birthday, following your first year of licensure b) 14 hours every 2 years by the last day of his birth month, following two years of licensure c) 7 hours every year by your birthday, following your first year of licensure d) 7 hours every 2 years by the last day of his birth month, following two years of licensure B Which of the following situations below can a surety arrest the defendant; a) Surrendering the defendant to the jail b) Surety authorizes a peace officer to make an arrest by endorsing authorization on a certified copy of the bond c) Defendant breaches conditions of the bond d) The defendant can be arrested in all of the above situations D A bail bond shall not be forfeited unless the information, indictment or affidavit was filed within from the date of the arrest: a) 21 days b) 35 days c) 1 month d) 6 months D If there is a breach of the bond, the court shall declare the bond and any bonds or money deposited as bail forfeited. The clerk of the court shall mail a notice to the surety agent and surety company in writing within of the forfeiture. a)35 days b)Ten days c) Five days d)Fifty days C The forfeiture shall be paid within of the date the notice was mailed; a)35 days b)50 days c)60 days d)10 days C The court shall discharge a forfeiture within 60 days upon: a) Determination that it was impossible for the defendant to appear as required b)At the time of the appearance, the defendant was adjudicated insane and confined in an institution or hospital, jail or prison c)Surrender or arrest of the defendant d) All of the above D The purpose of a bail determination in criminal proceedings is to ensure: a) The appearance of the defendant at subsequent proceedings b) Protect the community against unreasonable danger from the criminal defendant c) The defendant pays the surety agent d) Both A and B above D Johnny failed to appear on the day of his hearing for grand theft. A warrant was sent out for Johnny who was later pulled over during a routine traffic stop and rearrested. Which of the following is correct; a) Johnny will be required to pay a penalty of no less than $1000 or twice the value of the monetary commitment or undertaking of the original bond, whichever is greater. b) Johnny will be released on a recognizance bond c) Johnny will be required to pay a penalty equal to or greater than $2000 or twice the value of the monetary commitment or undertaking of the original bond, whichever is greater. d) Bail is typically denied when a defendant has jumped bail before C Maxine was arrested and given a bond of $120,000 for allegedly dealing in credit card fraud. However, the judge stipulated that a needs to be presented before Maxine can be released. a)Nibia b)Nebbia c) Collateral receipt d) None of the above is correct B As a condition of pre-trial release, whether such release is by surety bail bond or recognizance bond or in some other form, the defendant shall do all of the following EXCEPT; a) Comply with all conditions of pre-trial release b) Refrain from contact of any kind with a victim in domestic violence cases c) Participate in criminal activities of all kinds d) Appear at all court proceedings C A bail bond shall not be forfeited unless; a) The information, indictment, or affidavit was filed within 6 months from the date of arrest b) The Clerk of Court gave the surety at least 72 hours' notice, exclusive of Saturdays, Sundays and Holidays c) Both A and B above is correct d) None of the above is correct C Who is the obligor in a surety bond? a) Person to whom an obligation is owed b) Person who owes an obligation c) Surety Agent d) All of the above are examples of obligors C Who is the obligee? a) Person to whom an obligation is owed b) Person who owes an obligation c) Governor of the State of Florida d) Both A and C is correct C Who sets the amount of the bond? a) The Governor of the County where defendant was arrested b) First appearance judge c) Department of Corrections d) Huggins Bail Bonds and Investigations B Which party to the bail bond makes the guarantee to the party to which an obligation is owed? a) Indemnitor b) Defendant c) Surety d) Managing General Agent C Who is sometimes referred to as the Principal? a) Indemnitor b) Obligee c) Defendant d) Surety C Which terminology is used to describe the U.S. Supreme Court's jurisdiction when dealing with an accused ambassador or diplomat? a. Supreme Jurisdiction b. Final Jurisdiction (Supremis Juris Moperaei) c. Supreme Court jurisdiction d. Personal Jurisdiction D Which court in Florida has original jurisdiction over misdemeanors? a) Felony Court b) Circuit Court c) County Court d) Misdemeanour court C All of the following comprise the American court system EXCEPT? a)Supreme Court b)Misdemeanour court c)Court of Appeal d) Circuit court B The highest Florida court of appeal is called the? a) District court of appeal b) Florida Supreme Court c) County courts d) None of the above B ALL of the following is true EXCEPT? a) Individual cases must not receive individual attention b) The law must be correctly applied to the facts c) Everyone who comes to and before the court must be treated respectfully, fairly and equally d) All of the above is correct A Which of the following is true; a) Courts are separate from the executive and legislative branches of government b) Competent court managers understand the historical basis for judicial independence, judicial authority and concepts of jurisdiction. c) Courts self-consciously protect their decisional processes and maintain their distinctive and administrative boundaries d) All of the above is true A Courts dependent on the for resources: a) Judicial branch b) Executive and legislative branches c) Courts d) None of the above is correct B The surety shall give the state attorney notice of application for an order of exoneration and furnish the state attorney a copy of the certificate and bond. a)5 days b) 3 days c) Immediately d)10 days B When does a Nolle Prosequi occur? a) When the defendant has plead guilty and is now serving his sentence in a county jail b) When the state has no information to prosecute c) Permanently cancelled d) All of the above are examples B When does a conviction occur in a criminal case? a) When the case is dropped b) When defendant is formally found guilty c) When no information is provided in the case d) Final settlement of the charges B Name the reasons that forfeiture may be discharged before 60 days? a) Defendant was rearrested b) Defendant expired (died) c) The defendant was unable to appear for valid reasons d) All of the above are true D What is considered reasonable cause for missing your court date? a) Incarceration in a foreign state or jurisdiction b) Medical condition c) Refusal to extradite d) All of the above are true D Within how many days should the Clerk of Court furnish the Department of Financial Services with a certified copy of the judgment docket and also the surety company at its home office? a) Five days after forfeiture b) Ten days after forfeiture c) 35 days after forfeiture d) 15 days after forfeiture B Surety bonds may not be executed by a bail bond agent against whom a judgment has been entered which has remained unpaid for............. and may not be executed for a company against whom a judgment has been entered which has remained unpaid for............ a) 15 days, 60 days b) 35 days, 50 days c) 50 days, 35 days d) None of the above is correct B No sheriff or other official who is empowered to accept or approve surety bail bonds shall accept or approve a bond in forfeiture status bond executed by such a bail bond agent or executed for such a company until: a) The 60 days has passed b) The judgment has been paid c) The surety surrendered the bond d) All of the above is correct B If a defendant surrenders or is apprehended within one month after forfeiture, the court , on motion upon at a hearing upon notice having been given to the clerk of Court and the state attorney as required in this section, how much would he be entitled to? a) 90% b) 95% c) 85% d) 100% D If the defendant surrenders or is apprehended within 270 days after forfeiture, the court, on motion at a hearing upon notice having been given to the clerk of the circuit court shall direct remission of up to but not more than a) 90 percent b) 85 percent valuable consideration." a) Indemnity, Surety, Agent b) Principal, Surety, Agent c) Defendant, Agent, Surety d) None of the above is correct B Upon issuing a bond, the bail bond agent shall provide to the principal, and is applicable to the party rendering collateral or indemnifying the surety an informational notice which should include; a) A statement noting with particularity the restrictions, if any, placed on the Principal as a condition of the bond b) A statement of the bail bond agent's powers relating to the cancellation of the bond and recommitment of the Principal c) The name, address, and telephone number of the department for complaints or inquiries d) All of the above is correct D Any bail bond agent that surrenders of recommits a defendant MUST provide the defendant with a on a department prescribed form; a) Power of Attorney b) Statement of Surrender c) Appearance Bond d) None of the above is correct B In whose name should the collateral be taken? a) Indemnitor b) Surety Agent c) Principal d) Insurance Company D What information must appear on a collateral receipt? a) Identification information of indemnitor b) Jail which defendant is currently locked up c) Name of temporary surety agent d) All of the above should be included A What is the maximum length of time for a bail bond contract to remain active? a) Contract is Indefinite b) Three years but contract can be renewed at the option of the surety c) Contract has to be renewed every year d) Two years A In what capacity must collateral be held? a) For personal gain b) For the benefit of the surety agent c) Fiduciary d) None of the above is correct C The unlawful assumption of ownership of another's property i.e. a Surety agent wearing another's jewelry he is holding as collateral is referred to as: a) Unfair Advantage b) Conversion c) Concealment d) Conveyance B is a valued instrument given by, or on behalf of, the principal or defendant to protect the surety from loss; a) Rolex watch b) Collateral Security c) Claim d) Caveat B A bail bond agent may accept collateral in excess of $5000 per bond, provided any amount over cash is payable to the insurer. a) $5000 b) $10,000 c) $8000 d) $1000 A A surety justifies his status by way of: a) Cashier's check. b) United States postal Money order c) Certificates of deposit or wire transfer d) Insurance company power of attorney D Other acceptable forms of security or indemnity may consist of the following: a) Promissory note and Indemnity agreement b) Real property mortgage in the name of the insurer c) Uniform commercial code filing d) All of the above can be accepted as collateral D Collateral security shall be received and held in the........... name by the............. in a capacity. a) Defendant, Fiduciary, Bail bond agent b) Insurer, bail bond agent, fiduciary c) Bail bond agent, insurer, fiduciary d)Bail bond agent, insurer, personal B Collateral in excess of $5000 must be placed in an interest-bearing account to accrue to the benefit of the person giving the collateral and the bail bond agent, insurer, or managing general agent may not make any ..........................on the collateral security deposited. a) Escrow b) Pecuniary Advantage c) Both A and B above d) None of the above B Cash collateral can be held in: a) Any financial institution in the United States b) Any financial institution located in this state c)The Surety agent's office d) None of the above is correct B The collateral is returned to the indemnitor when: a) Indemnitor goes to court b) Final termination of liability of the bond c)Both A and B above is correct d) None of the above is correct B If forfeiture occurs, within how many days shall the agent or insurer give written notice of intent to convert the collateral deposited into cash to satisfy the forfeiture to the indemnitor and principal? a) 5 days b) 10 days A WHICH OF THE FOLLOWING IS NOT TRUE ABOUT THE BUILD-UP-FUNDS? a) Build-up-funds received shall be immediately deposited to the build-up-funds trust account b) Build up funds may exceed 40 percent of the premium as established by the agents contract agreement with the insurer of managing general agent c) Insurers must provide copies of build-up-fund account bank statements to their agents and agencies. d) None of the above is untrue B The department shall not revoke, deny, suspend or refuse to renew any license or appointment if the person: a) Lacks one or more of the qualifications specified in the chapter for a license or appointment b) Failed to pass any exam required under the chapter c) Has not willfully used or intended the use, of the license or appointment to circumvent any of the requirements d) All of the above is prohibited C What is the licensing requirements to write immigration bonds? a) 2-34 Resident Limited Surety Agent b) 2-20 Property and Casualty Agent License/All-Lines c) T2-35 Temporary Resident Limited Surety Agent d) Both A and B above is correct D A command to appear at a certain time and place to give testimony upon a certain matter is referred to as a : a) Surety b) Subpoena c) Stipulation d) Surveillance B Perjury occurs when: a) An accused and the prosecutor makes a bargain b) A false statement is made under oath in a judicial proceeding c) An order from a judge in a civil case d) Involving money B The department shall, in its order suspending a license or appointment or the eligibility to hold a license or appointment, specify the period during which the suspension is to be in effect, but such period may not exceed: a) 6 months b) 2 years c) 1 year d) None of the above B When a license is revoked, this is: a) Permanently b) Temporary c) Both A and B d) None of the above A Jimmy, a bail bondsman committed a breach of chapter 648 and his license was revoked. Which of the following is true? a) Jimmy can still continue to write bonds until his license is reinstated b) Jimmy can apply for an auction license c) Jimmy will not be eligible to apply for another license under the statute d) Jimmy can apply for a new bail bond license until the current dispute resolved C When the department issues a penalty, within how many days does the licensee have within which to pay the department the imposed penalty; a)21 days b)31 days c) 30 days d) 5 days C A bail bond agent who has taken collateral or an insurer or managing general agent who hold collateral as security for a bail bond shall, upon demand make a written request for.......................... to be delivered to the surety agent. a) Stay on the bond b) A discharge of the bond c) Increase on the bond d) All of the above B When a judicial decision is arrived on a matter that is being considered or to give an official judgment about a problem or dispute is referred to as: a) An appeal b) An adjudication c) An acquittal d) None of the above B Jamie, a Managing general agent held funds in trust for a license limited surety agent by the surety company where a part of all bond premiums are paid which is used mostly to indemnify the company from losses that may accrued is called the: a) Burden of proof b) Build up fund c) Collateral d) Indemnity B When one person to a contract intentionally withholds material facts or evidence to the other is referred to as; a) Fraud b) Concealment c) Conviction d) All of the above is correct B The failure to carry out a court order in favor of another party in the proceedings is called; a) Contempt of court-civil b) Contempt of court-criminal c) Breach of contract d) Conviction A An act of disrespect against a court which usually occurs when court is in session is called: a) Contempt of court-civil b) Contempt of court-criminal c) Breach of contract d) Conviction B Referring to CONTEMPT OF COURT CRIMINAL, which of the following is correct; a) Defendant may be released on his own recognizance b) There is no bail for this offence c) Defendant can only post a cash bail d) None of the above is correct