Download FLORIDA BAIL BONDS STATE EXAMS 2024 WITH ACTUAL CORRECT QUESTIONS AND VERIFIED DETAILED and more Exams Community Corrections in PDF only on Docsity! FLORIDA BAIL BONDS STATE EXAMS 2024 WITH ACTUAL CORRECT QUESTIONS AND VERIFIED DETAILED ANSWERS |FREQUENTLY TESTED QUESTIONS AND SOLUTIONS | NEWEST |ALREADY GRADED A+ |LATEST UPDATE | GUARANTEED PASS 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 - CORRECT ANSWER - b) Chief Financial Officer 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 - CORRECT ANSWER - b) Jimmy Patronis 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 - CORRECT ANSWER - b) Chapters 648 and Chapter 903 4. 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 - CORRECT ANSWER - b) Bail on appeal revoked and the defendant committed forthwith 5. 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 - CORRECT ANSWER - c) Both A and B above 6. WHICH OF THE FOLLOWING IS CORRECT? a) A temporary limited surety agent can work with any amount of bondsmen during his internship period b) A temporary agent can be employed by only one licensed and appointed supervising bail bond agent c) The temporary agent may be appointed by different insurers separate from the supervising agent d) All of the above is correct - CORRECT ANSWER - b) A temporary agent can be employed by only one licensed and appointed supervising bail bond agent 7. A SUPERVISING AGENT SHALL CERTIFY MONTHLY TO THE DEPARTMENT UNDER OATH, ON A FORM PRESCRIBED BY THE DEPARTMENT, THE NAMES AND HOURS EACH WEEK OF ALL TEMPORARY BAIL BOND AGENTS. WHAT IS THE PUNISHMENT FOR FILING A FALSE CERTIFICATION TO THE DEPARTMENT? a) Immediate suspension of the license or imposition of a $5000 administrative fine b) Immediate suspension of the license and imposition of a $5000 administrative fine c) Revocation of the license and imposition of a $10000 administrative fine d) Revocation of the license and imposition of a $10000 administrative fine - CORRECT ANSWER - b) Immediate suspension of the license and imposition of a $5000 administrative fine 8. THE TEMPORARY LICENSE SHALL BE EFFECTIVE FOR SUBJECT TO EARLIER TERMINATION AT THE REQUEST OF THE EMPLOYER OR IF SUSPENDED OR REVOKED BY THE DEPARTMENT; a) 12 months b) 18 months c) 24 months d) None of the above - CORRECT ANSWER - b) 18 months AFTER LICENSURE AS A TEMPORARY LICENSEE FOR AT LEAST ,SUCH LICENSEE MAY FILE AN APPLICATION FOR AND BECOME ELIGIBLE FOR A REGULAR BAIL BOND AGENTS LICENSE BASED ON THE LICENSEES EXPERIENCE IN THE BAIL BOND BUSINESS. a) 12 months b) 18 months c) 24 months d) None of the above - CORRECT ANSWER - a) 12 months A TEMPORARY LICENSEE HAS THE SAME AUTHORITY AS A LICENSED BAIL BOND AGENT EXCEPT: a) Apprehend, arrest and surrender defendants to the proper authorities b) Keep defendants under surveillance c) Execute and sign bail bonds 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 - CORRECT ANSWER - b) Obligor and Indemnitor 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 - CORRECT ANSWER - b) Backed by an insurance company THE RETURN OF PART OF A FEE OR PAYMENT IS REFERRED TO AS: a) Premium b) Penal sum c) Rebate d) Collateral - CORRECT ANSWER - c) Rebate 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 - CORRECT ANSWER - d) All of the above 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 - CORRECT ANSWER - b) Statute of Limitations 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) Both A and B above d) None of the above - CORRECT ANSWER - b) Unilateral Contract 28. WHAT IS GUARANTEED IN ALL CRIMINAL DEFENDANT BONDS? a) That the defendant will request permission to go on vacation b) That the defendant will sign in every week c) That the defendant will not depart jurisdiction of the court d) None of the above is correct - CORRECT ANSWER - c) That the defendant will not depart jurisdiction of the court BOB WAS ARRESTED FOR PETIT THEFT AND RELEASED ON A $2000 BOND. JENNY, THE INDEMNITOR SIGNED THE REQUIRED PROMISSORY NOTE AND INDEMNITY AGREEMENTS. PATRICK, THE SURETY AGENT ADVISED BOB TO COME IN THE OFFICE WHEN HE IS RELEASED TO FINALIZE HIS PAPERWORK. BOB HOWEVER DISOBEYED THE INSTRUCTIONS AND WENT ABOUT HIS USUAL DAILY ROUTINE. WHICH OF THE FOLLOWING STATEMENTS BELOW IS MOST CORRECT: a) Bob did not sign so the surety agent has to surrender the bond b) The defendant is a party to the contract even if he/she does not sign it c) Surety has no liability on the bond since Bob did not sign d) Jenny will be sued for breach of contract - CORRECT ANSWER - b) The defendant is a party to the contract even if he/she does not sign it IN ORDER TO QUALIFY TO BECOME A BAIL BOND AGENT, WHAT ARE THE REQUIREMENTS OF THE LICENSURE? a) Be at least 18 years of age b) Complete a 120 hour pre-licensing course with a passing grade of 80 and over c) Successfully pass the state exam to become a limited surety agent d) All of the above is required - CORRECT ANSWER - d) All of the above is required DURING APPLICATION FOR LICENSURE, WHAT REQUIREMENTS WILL THE DEPARTMENT CHECK FOR? a) Comprehensive investigation of each application b) Qualifications, character, experience, background and fitness of the applicant c) Federal criminal records and fingerprints d) All of the above are required - CORRECT ANSWER - d) All of the above are required A BAIL BOND AGENT OR TEMPORARY BAIL BOND AGENT MAY NOT: a) Suggest or advise the employment of, or name for employment, any particular attorney to represent his or her principal b) Wear or display any identification card other than the department issued or approved license c) Directly or indirectly solicit business in or on the property or grounds of a jail, prison or other place where prisoners are confined or on the grounds of the courthouse d) Initiate in-person or telephone solicitation after 9:00pm or before 8:00am, in the case of domestic violence cases, at the residence of the detainee or the detainees family e) All of the above are prohibited - CORRECT ANSWER - e) All of the above are prohibited WHICH OF THE FOLLOWING IS CORRECT. A BAIL BOND AGENT OR TEMPORARY BAIL BOND AGENT MAY: a) Pay a fee or rebate or give or promise anything of value to a jailer, police officer, peace officer or committing judge b) Not pay a fee or rebate or give anything of value to an attorney in a bail bond matter, except in defense of any action on a bond c) Participate in the capacity of an attorney at a trial or hearing of one on whose bond he or she is surety d) All of the above are prohibited - CORRECT ANSWER - b) Not pay a fee or rebate or give anything of value to an attorney in a bail bond matter, except in defense of any action on a bond WHICH OF THE FOLLOWING CAN THE SURETY ACCEPT FROM A PRINCIPAL FOR PROVIDING BAIL BOND SERVICES; a) Premium and transfer fee authorized by the office b) Collateral security c) Indemnity d) Documentary stamp taxes e) All of the following can be collected by the surety agent - CORRECT ANSWER - e) All of the following can be collected by the surety agent A BAIL BOND AGENT MAY UPON WRITTEN AGREEMENT WITH ANOTHER PARTY RECEIVE A FEE OR COMPENSATION FOR RETURNING TO CUSTODY AN INDIVIDUAL WHO HAS FLED THE JURISDICTION OF THE COURT OR CAUSED THE FORFEITURE OF THE BOND. WHAT IS THE MAXIMUM TRANSPORTATION FEE ALLOWED IN FLORIDA? a) $500 b) $100 c) $200 d) $700 - CORRECT ANSWER - b) $100 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 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 - CORRECT ANSWER - d) All of the above should be considered 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 - CORRECT ANSWER - a) Misrepresentation 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 - CORRECT ANSWER - d) All of the above are examples of misrepresentation 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 c) Concealment d) None of the above are correct - CORRECT ANSWER - a) Distortion of fact FIDUCIARY RELATIONSHIP CONSISTS OF; a) One of trust and confidence b) Involves one party acting for the benefit of another c) Both A and B above d) None of the above are correct - CORRECT ANSWER - c) Both A and B above JOSH HANDED OVER A PICTURE TO AN AGENT FOR SALE ON HIS BEHALF. THE AGENT KNEW OF THE PICTURE'S TRUE WORTH BUT HE WENT AHEAD AND PURCHASED IT FOR A CONSIDERABLY LOWER PRICE. JOSH SUBSEQUENTLY DISCOVERED THE PICTURE'S TRUE WORTH. WHAT REMEDIES CAN JOSH PURSUE? a) Contract has to stand as Josh already sold the painting which is final b) File a lawsuit to rescind the contract c) Both A and B above is correct d) None of the above is correct - CORRECT ANSWER - b) File a lawsuit to rescind the contract Two brothers Tom and Jerry had reached an agreement regarding the family estate. The elder brother Tom was under the impression that he was born out of wedlock and thus not their father's true heir. The agreement was reached on that basis. Tom subsequently discovered that this was not the case and that the younger brother Jerry had knowledge of this during the negotiation of the settlement. What can Tom do in this case? a) This is an example of contract ubberimae fidei b) Tom can sue to set aside the agreement c) The contract stands as it is already signed d) Both A and B are correct in the scenario above - CORRECT ANSWER - d) Both A and B are correct in the scenario above WHICH OF THE FOLLOWING STATEMENTS BELOW IS CORRECT? a) Statements of opinion are often seen as sufficient to produce a misrepresentation b) An action in misrepresentation can only be brought by a representee c) A misrepresentation does not exist if the representative discovers that the statement was false d) None of the above is correct - CORRECT ANSWER - b) An action in misrepresentation can only be brought by a representee . TYPES OF MISREPRESENTATION INCLUDES ALL OF THE FOLLOWING EXCEPT: a) Fraudulent Misrepresentation b) Negligent Misrepresentation c) Reasonable Misrepresentation d) Innocent Misrepresentation - CORRECT ANSWER - c) Reasonable Misrepresentation WHAT TYPE OF MISREPRESENTATION OCCURS WHEN THE DEFENDANT CARELESSLY MAKES A REPRESENTATION WHILE HAVING NO REASONABLE BASIS TO BELIEVE IT TO BE TRUE? a) Innocent Misrepresentation b) Negligent misrepresentation at Common Law c) Negligent Misrepresentation under Statute d) Fraudulent Misrepresentation - CORRECT ANSWER - b) Negligent misrepresentation at Common Law COURTS LOOK AT A NUMBER OF FACTORS TO DETERMINE WHETHER AN AGREEMENT SHOULD BE ENFORCED. WHICH OF THE FOLLOWING IS NOT CONSIDERED? a) One party must make an offer and the other party must accept it b) Something in value must be given in return for a promise c) Oral agreements made when intoxicated d) Both A and B above are correct - CORRECT ANSWER - c) Oral agreements made when intoxicated DEFENSES TO CONTRACT ARE DESIGNED BY THE COURTS TO: a) Protect people from unfairness in the bargaining process b) If there is a valid defense to a contract, the contract may be voidable c) Punish the victim for signing a void contract d) Both A and B above are correct - CORRECT ANSWER - d) Both A and B above are correct WHICH OF THE FOLLOWING IS NOT A DEFENSE TO CONTRACT: a) Undue influence and public policy b) Duress and unconscionability c) Misrepresentation and mistake d) Contract involves illegal matters - CORRECT ANSWER - d) Contract involves illegal matters IN ORDER TO BE BOUND BY A CONTRACT, A PERSON MUST HAVE THE LEGAL ABILITY TO 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 - CORRECT ANSWER - b) Capacity to contract INTENTIONALLY WITHHOLDING A MATERIAL FACT FROM AN INSURANCE APPLICATION IS REFERRED TO AS: a) Libel b) Misrepresentation c) Concealment d) All of the above - CORRECT ANSWER - c) Concealment 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 - CORRECT ANSWER - b) 40 percent BAIL BOND AGENT MEANS; a) Limited surety agent b) Professional bail bond agent c) Huggins Bail Bond Agency d) Maintain an agency accessible to the public which is open for reasonable business hours - CORRECT ANSWER - b) Not located in this state REASONABLE BUSINESS HOURS MEANS: a) At least eight hours daily between the hours of 8:00am and 6:00pm, Monday thru Friday including legal holidays b) At least eight hours daily between the hours of 8:00am and 6:00pm, Monday thru Friday except for legal holidays c) More than eight hours daily between the hours of 8:00am and 6:00pm, Monday thru Friday including legal holidays d) None of the above is correct - CORRECT ANSWER - b) At least eight hours daily between the hours of 8:00am and 6:00pm, Monday thru Friday except for legal holidays A TEMPORARY BAIL BOND AGENT MUST BE EMPLOYED FULL-TIME AND SHALL BE PHYSICALLY ACCOMPANIED BY THE SUPERVISING AGENT OR BAIL BOND AGENT FROM THE SAME AGENCY. THE TERM FULL-TIME IN THIS ASPECT MEANS; a) The agent must work at least 1450 hours during the 12 months b) The agent must work at least 1540 hours during the 12 months c) The agent must work less than 1540 hours during the 12 months d) None of the above is correct - CORRECT ANSWER - b) The agent must work at least 1540 hours during the 12 months EACH EMPLOYER OF A TEMPORARY BAIL BOND AGENT MUST PROVIDE THE TEMPORARY AGENT WITH THE OPPORTUNITY TO WORK AT LEAST: a) 40 hours a week full time b) 30 hours a week full time c) 20 hours per week part-time d) None of the above are correct - CORRECT ANSWER - b) 30 hours a week full time ALL PREMIUMS, RETURN PREMIUMS, OR OTHER FUNDS BELONGING TO INSURERS OR OTHERS RECEIVED BY A PERSON LICENSED PURSUANT TO THIS CHAPTER IN TRANSACTIONS UNDER HIS/HER LICENSE ARE................... RECEIVED BY THE LICENSEE IN A ................CAPACITY. a)Fiduciary, trust funds b) Trust funds, fiduciary c) Personal, fiduciary d) All of the above are correct - CORRECT ANSWER - b) Trust funds, fiduciary ANY LICENSEE WHO UNLAWFULLY DIVERTS OR APPROPRIATES SUCH FUNDS (REFERRED IN QUESTION 15 ABOVE) OR ANY PORTION THEREOF TO HIS OR HER OWN USE COMMITS PUNISHABLE AS PROVIDED BY LAW. a) Fraud b) Misrepresentation c) Larceny by embezzlement d) Grand theft by appropriation - CORRECT ANSWER - c) Larceny by embezzlement IN ADDITION TO A PREMIUM, WHAT OTHER FEE MAY A BONDSMAN ACCEPT? a) Bondsman may not collect any other fee b) Collateral for his own personal use c) Traveling and transportation fee d) none of the above - CORRECT ANSWER - c) Traveling and transportation fee WHAT IS THE PURPOSE OF A MOTION IN AN APPLICATION TO THE COURT? a) An order to obtain a ruling from the judge for the applicant to pay a fine b) To obtain some ruling or order directing an act to be done in favor of the applicant c) Both A and B above is correct d) None of the above is correct - CORRECT ANSWER - b) To obtain some ruling or order directing an act to be done in favor of the applicant WHAT DOES THE LIMITED SURETY AGENT ATTACH TO EACH BOND? a) Indemnity agreement b) Power of attorney c) Bail bondsman identification card d) All of the above - CORRECT ANSWER - b) Power of attorney WHAT IS THE TOTAL AMOUNT ON A SURETY BOND CALLED? a) Offer sum b) Premium c) Penal sum d) Both A and B above is correct - CORRECT ANSWER - c) Penal sum 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 - CORRECT ANSWER - b) 14 hours every 2 years by the last day of his birth month, following two years of licensure 1. 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 - CORRECT ANSWER - b) Surety authorizes a peace officer to make an arrest by endorsing authorization on a certified copy of the bond 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 - CORRECT ANSWER - d) 6 months 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 - CORRECT ANSWER - c) Five days 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 - CORRECT ANSWER - c)60 days 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 - CORRECT ANSWER - d) All of the above 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 - CORRECT ANSWER - d) Both A and B above 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 d) Premium must never be returned - CORRECT ANSWER - b) Surety agent posted the bond but a new charge was added with no bond How many parties forms a bail bond contract? a) One b) Five c) Three d) Any amount you wish - CORRECT ANSWER - c) Three Preceding the question above, name the parties who forms a bail bond contract; a) Surety, Indemnitor, Principal b) Judge, Principal, Defendant c) Defendant and Surety d) Indemnitor, arresting officer and Surety - CORRECT ANSWER - a) Surety, Indemnitor, Principal At what point does an indemnity contract become cancellable? a) Within 50 days after the bond is satisfied or forfeiture has been discharged b) Within 21 days after the bond is satisfied or forfeiture has been discharged c) Immediately d) Indemnity agree is indefinite - CORRECT ANSWER - b) Within 21 days after the bond is satisfied or forfeiture has been discharged Who may dismiss charges against a defendant? a) First Appearance Judge b) The presiding Judge c) Sheriff of the County which he was arrested d) Police Officer who arrested the defendant - CORRECT ANSWER - b) The presiding Judge What is the percentage premium on an immigration bond? a) 10% - state bond b) 15% - federal bond c) 20% d) 5% - CORRECT ANSWER - c) 20% What is a false arrest action? a) False arrest occurs when someone restrains another who is wanted for the commission of a crime. b) This occurs when someone restrains another without the legal authority to do so c) This is not a concern of Bail bond agents d) None of the above - CORRECT ANSWER - This occurs when someone restrains another without the legal authority to do so Simon, a newly appointed bail bond agent posted a bond at the county jail for a defendant charged with possession of stolen items. It was later discovered that an error was made on the appearance bond regarding the charges provided by the jail. What can be done in the scenario above? a) The defendant will not be released b) A bail bond shall not be held invalid because of any irregularity if it was taken by a legally authorized official c) Nothing can be done in the scenario above d) All of the above are correct - CORRECT ANSWER - b) A bail bond shall not be held invalid because of any irregularity if it was taken by a legally authorized official If no day or an impossible day is stated in a bond for the defendant's appearance before a trial court judge for a hearing, the defendant shall be bound to appear after receipt of notice to appear by the defendant, defendant's counsel or any surety on the undertaking. a) Five days b) Ten days c) Immediately d) None of the above are correct - CORRECT ANSWER - b) Ten days What is the maximum transfer fee allowed in Florida to transport a defendant to his original jurisdiction? a)$150 b)$500 c)$100 d) 250 - CORRECT ANSWER - c)$100 Which of the following fees below are prohibited from being collected by the surety agent? a) Attorney's fees and costs associated with filing motions b) Transfer fees c) Credit card fees from premium d) Maintenance of collateral e) Both c and d are correct - CORRECT ANSWER - e) Both c and d are correct Cleo was originally released on a bond totaling $5000 for child neglect. A premium of $500 was charged. When Cleo went to court, the judge included two additional charges on the bond totaling $10000. Which is correct? a) An additional $1000 may be charged by the agent b) An additional $500 may be charged by the agent c) The agent is prohibited from charging any additional premium d) None of the above is correct - CORRECT ANSWER - a) An additional $1000 may be charged by the agent 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) 1 year b) 2 years c) 6 months d) None of the above - CORRECT ANSWER - b) 2 years The failure of a defendant to appear at any subsequent criminal proceeding or the breach by the defendant of any other condition of the bond also constitutes a breach by the? a)Indemnitor b) Bail bond agent c) Clerk of Court d) All of the above - CORRECT ANSWER - b) Bail bond agent Every bail bond agent who executes or countersigns a transfer bond shall indicate in writing on the bond: a) The name and address of the referring bail bond agent b) Name and charges of the defendant c) Premium collected and address of defendant d) All of the above are correct - CORRECT ANSWER - a) The name and address of the referring bail bond agent Jack was at home one afternoon when someone broke into his house and approached him with a gun. An alarm was raised and the suspect ran. However, when the would be burglar left only taking a piece of cookie on the side table, dropping the gun as he tries his escape, Jack later found out that the gun was not loaded. Would this qualify as burglary? a) No, he did not steal anything b) Yes c) Depends if he stole any cash d) None of the above is correct - CORRECT ANSWER - b) Yes In the situation above, would the suspect qualify for bail under Florida Law? a) Yes, he did not kill anyone b) Yes, because the gun was empty c) No, Florida has very strict laws regarding commission of crimes using a firearm d) Once a defendant is arrested, they automatically qualify for bail - CORRECT ANSWER - c) No, Florida has very strict laws regarding commission of crimes using a firearm What is the minimum time for which a bond can be written? a) Indefinite a) District court of appeal b) Florida Supreme Court c) County courts d) None of the above - CORRECT ANSWER - b) Florida Supreme Court 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 - CORRECT ANSWER - a) Individual cases must not receive individual attention 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 - CORRECT ANSWER - d) All of the above is true Courts dependent on the................. for resources: a) Judicial branch b) Executive and legislative branches c) Courts d) None of the above is correct - CORRECT ANSWER - b) Executive and legislative branches 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 - CORRECT ANSWER - b) 3 days 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 - CORRECT ANSWER - b) When the state has no information to prosecute 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 - CORRECT ANSWER - b) When defendant is formally found guilty 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 - CORRECT ANSWER - d) All of the above are true 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 - CORRECT ANSWER - d) All of the above are true 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 - CORRECT ANSWER - b) Ten days after forfeiture 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 - CORRECT ANSWER - b) 35 days, 50 days 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 - CORRECT ANSWER - b) The judgment has been paid 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% - CORRECT ANSWER - d) 100% 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 c) 80 percent d) 100 percent - CORRECT ANSWER - a) 90 percent 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 shall direct remission of up to but not more than . a) 90 percent b) 85 percent c) 80 percent d) 100 percent - CORRECT ANSWER - b) 85 percent If the defendant is apprehended within 2 years after forfeiture, what percent of remission is the surety agent entitled to? a) 80 percent b) 50 percent c) 95 percent d) 90 percent - CORRECT ANSWER - b) 50 percent If the forfeiture is not paid or discharged by order of a court of competent jurisdiction within 60 days, the circuit clerk of the county where the order was made shall enter a against the surety for the amount of the penalty and issue execution. a)Mistrial b)Judgment c) Rewrite of bond d) Fine - CORRECT ANSWER - b)Judgment When posting bail, the courts should consider all of the following EXCEPT: a) The nature and probability of intimidation and danger to victims b) Whether there is probable cause to believe that the defendant committed a new crime while on pre- trial release c) Contract has to be renewed every year d) Two years - CORRECT ANSWER - a) Contract is Indefinite 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 - CORRECT ANSWER - c) Fiduciary 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 - CORRECT ANSWER - b) Conversion 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 - CORRECT ANSWER - b) Collateral Security 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 - CORRECT ANSWER - a) $5000 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 - CORRECT ANSWER - d) Insurance company power of attorney 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 - CORRECT ANSWER - d) All of the above can be accepted as collateral 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 - CORRECT ANSWER - b) Insurer, bail bond agent, fiduciary 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 - CORRECT ANSWER - b) Pecuniary Advantage 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 - CORRECT ANSWER - b) Any financial institution located in this state 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 - CORRECT ANSWER - b) Final termination of liability of the bond 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 c) 21 days d)None of the above is correct - CORRECT ANSWER - b) 10 days Within how many days must the collateral be returned to the indemnitor after a discharge is provided? a) 20 days b) 21 days c)15 days d)35 days - CORRECT ANSWER - b) 21 days Which of the following is a bail bond agent allowed to conduct if his/her license is temporarily suspended? a) Contacting defendants to remind them of court dates b) Attending court proceedings at which a current defendant is scheduled to appear c) Contacting the Clerk of courts to verify the status of a bail bond or the status of a defendant's case presently with the court d) All of the above is allowed - CORRECT ANSWER - d) All of the above is allowed Which of the following is incorrect? a) A bond agent with a suspended license can return collateral on bonds that the court has discharged b) A bond agent with a suspended license can assist in locating, apprehending or surrendering to the custody of the jail a defendant on a bail bond not posted by the said agent c) A bond agent with a suspended license can collect premiums under a payment plan on a bail bond posted prior to the suspension d) All of the above is incorrect - CORRECT ANSWER - b) A bond agent with a suspended license can assist in locating, apprehending or surrendering to the custody of the jail a defendant on a bail bond not posted by the said agent A bail bond agent whose license is suspended can perform all of the following EXCEPT? a) Negotiating and accepting premium payment on outstanding premium b) Posting a new bail bond c) Receiving remuneration from a bail bond agent or agency for performing clerical and secretarial duties d) All of the above is allowed - CORRECT ANSWER - b) Posting a new bail bond The daily bond register which shall be the book of original and permanent record of all bond undertakings executed by the licensee shall state all of the following EXCEPT? a) Power of attorney number and date bond was executed b) Name of Principal and Amount of bond c) Name of temporary agent d) Both A and B above are correct - CORRECT ANSWER - c) Name of temporary agent Every bail bond agent who accepts collateral security for a bail bond shall, for each bail bond written, make and attach such bail bond an: a) Writ b) Affidavit c) Collateral security d) All of the above - CORRECT ANSWER - b) Affidavit d) None of the above - CORRECT ANSWER - a) Permanently 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 - CORRECT ANSWER - c) Jimmy will not be eligible to apply for another license under the statute 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 - CORRECT ANSWER - c) 30 days 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 - CORRECT ANSWER - b) A discharge of the bond 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 - CORRECT ANSWER - b) An adjudication 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 - CORRECT ANSWER - b) Build up fund 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 - CORRECT ANSWER - b) Concealment 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 - CORRECT ANSWER - a) Contempt of court-civil 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 - CORRECT ANSWER - b) Contempt of court-criminal Referring to the question above, which of the following is correct; a) Defendant may be released on his own recognizance b) There is no bail for this offense c) Defendant can only post a cash bail d) None of the above is correct - CORRECT ANSWER - b) There is no bail for this offense . When the court calls upon the surety agent to produce the body of the defendant is referred to as: a) Conviction b) Estreature c) False arrest d) Both A and B above - CORRECT ANSWER - b) Estreature What is required to qualify for the 2-20 license? a) Be a natural person of at least 18 years of age b) A resident of the State of Florida c) A United States Citizen or resident or possess a work permit d) All of the above is required - CORRECT ANSWER - d) All of the above is required 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 - CORRECT ANSWER - a. Managing general agent in this state to supervise its agents. 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 - CORRECT ANSWER - a. Records 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. - CORRECT ANSWER - e. Written request for a waiver to the department. 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 - CORRECT ANSWER - c. Premium rate 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 - CORRECT ANSWER - e. A and B only 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 - CORRECT ANSWER - f. All of the above 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. Rationale of task by minor d. Foundation of activity by minor e. All of the above only - CORRECT ANSWER - a. Validity of undertaking by minor 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 - CORRECT ANSWER - a. When one party intentionally conceals information, data, facts that would be useful to the other party's decision before entering the contract. 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 - CORRECT ANSWER - d. All of the above is correct 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 - CORRECT ANSWER - c. Both A and B above are true 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. - CORRECT ANSWER - b. It is not similar to fiduciary relationships. 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 - CORRECT ANSWER - d. All of the above are correct 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 - CORRECT ANSWER - a. 5 days 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 - CORRECT ANSWER - c. Both A and B above are true 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 - CORRECT ANSWER - e. All of the above is correct 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 - CORRECT ANSWER - e. All of the above is correct A temporary bail bond agent must be employed; a. Full-time b. Part-time c. On-Line d. On-Phone e. Long distance - CORRECT ANSWER - a. Full-time 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 - CORRECT ANSWER - c. A and B only 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 d - CORRECT ANSWER - e. All the above. Failure of the defendant to appear at the time, date, and place of required appearance shall result in forfeiture of the bond. Such forfeiture shall be automatically entered by the clerk upon such; a. Failure to appear. b. Prompt appearance. c. Soon Appearance. d. None of the above - CORRECT ANSWER - a. Failure to appear. Grounds on which the court may determine that a forfeiture shall not hold may be; a. In its discretion, in the interest of justice, that an appearance by the defendant on the same day as required does not warrant forfeiture of the bond b. The court may direct the clerk to set aside any such forfeiture which may have been entered. c. Both A and B are correct d. None of the above - CORRECT ANSWER - c. Both A and B are correct Any appearance by the defendant later than the required day constitutes forfeiture of the bond, and the court shall not preclude entry of such forfeiture by the clerk. If there is a breach of the bond, the clerk shall provide, upon request, a certified copy of the warrant or ; a. Sapias to the bail bond agent or surety company. b. Klapias to the bail bond agent or surety company. c. Capias to the bail bond agent or surety company. d. Crapias to the bail bond agent or surety company. 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 - CORRECT ANSWER - d. All of the above 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 - CORRECT ANSWER - d. B and C only 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 - CORRECT ANSWER - e. All the above are prohibited 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 - CORRECT ANSWER - e. All the above 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 - CORRECT ANSWER - e. All the above 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 - CORRECT ANSWER - a. flexibility 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 having to proceed initially to trial. e. All the above - CORRECT ANSWER - e. All the above The district courts of appeal can hear appeals from ; a. Final judgments and b. Cannot review certain non-final orders. c. By general law, the district courts have been granted the power to review final actions taken by state agencies in carrying out the duties of the executive branch of government. d. Finally, the district courts have been granted constitutional authority to issue the extraordinary writs of certiorari, prohibition, mandamus, quo warranto, and habeas corpus, as well as all other writs necessary to the complete exercise of their jurisdiction. e. A, C, and D only - CORRECT ANSWER - e. A, C, and D only Circuit courts have general trial jurisdiction over; a. Matters not assigned by statute to the county courts b. Hear appeals from county court cases. c. Thus, circuit courts are simultaneously the highest trial courts and the lowest appellate courts in Florida's judicial system. d. The trial jurisdiction of circuit courts includes, among other matters, original jurisdiction over civil disputes involving more than $15,000; controversies involving the estates of decedents, minors, and persons adjudicated as incapacitated; cases relating to juveniles e. All the above - CORRECT ANSWER - e. All the above The trial jurisdiction of county courts is established by statute. The jurisdiction of county courts extends to a. Civil disputes involving $15,000 or less. b. The majority of non-jury trials in Florida take place before one judge sitting as a judge of the county court. c. The county courts are sometimes referred to as "the people's courts," probably because a large part of the courts' work involves voluminous citizen disputes, such as traffic offenses, less serious criminal matters (misdemeanors), and relatively small monetary disputes. d. All the above e. None of the above - CORRECT ANSWER - d. All the above Family court division and probate courts have powers over domestic Relations and Probate cases such as: a. Simplified Divorce b. Child Support & Alimony c. Name Change d. The Family Court Division can assist you in filing for simplified divorce, collecting child support alimony and filing a restraining order due to domestic violence. e. A, B, and C f. All the above - CORRECT ANSWER - f. All the above IF THE DEFENDANT SURRENDERS OR IS APPREHENDED WITHIN 180 DAYS 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, SHALL DIRECT REMISSION OF UP TO, BUT NOT MORE THAN, a. 95 percent of a forfeiture b. 45 percent of a forfeiture c. 85 percent of a forfeiture d. 75 percent of a forfeiture e. 65 percent of a forfeiture - CORRECT ANSWER - a. 95 percent of a forfeiture 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 AND THE STATE, SHALL DIRECT REMISSION OF UP TO, BUT NOT MORE THAN, a. 60 percent of a forfeiture b. 70 percent of a forfeiture c. 80 percent of a forfeiture d. 90 percent of a forfeiture e. 100 percent of a forfeiture - CORRECT ANSWER - d. 90 percent of a forfeiture 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 - CORRECT ANSWER - a. The Above are all indemnities 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 - CORRECT ANSWER - c. Both "A" & "B" above are correct. WHO GUARANTEES A SURETY BOND? a. The Principal b. The Obliges c. The Surety d. The Indemnitor - CORRECT ANSWER - c. The Surety WHICH IS CORRECT ABOUT COLLATERAL AND INDEMNITY? a. When collateral is required it is taken instead of indemnity b. When collateral is required it is taken in addition to indemnity c. Collateral OR Indemnity is taken, but not both d. None of the above is correct. - CORRECT ANSWER - b. When collateral is required it is taken in addition to indemnity WHICH BEST DESCRIBES THE WAY COLLATERAL IS HELD BY THE SURETY OR AGENT? a. In a reasonable capacity b. In a responsible capacity c. In a fiduciary capacity d. None of the above is correct - CORRECT ANSWER - c. In a fiduciary capacity IF A FORFEITURE OCCURS, WHAT MUST THE BAIL BOND AGENT OR SURETY DO? a. Send a certified letter to the indemnitor giving 10 days notice that collateral will be converted into cash b. Send a certified letter to the principal giving 10 days notice that collateral will be converted into cash c. Both "A" and "B" above are required d. Send written notice to both indemnitor and principal, giving 10 days notice that collateral will be converted into cash. Failure to receive this notice of the collateral to cash conversion shall not be used as a defence if the notice is properly mailed via U.S. Postal proof of Mailing. - CORRECT ANSWER - c. Both "A" and "B" above are required THE SURETY TAKES A BRAND NEW VEHICLE PURCHASED FOR $20,000 CASH FROM THE INDEMNITOR ON A $10,000 BOND. PRINCIPAL SKIPS. THE $10,000 FORFEITURE IS PAID BY THE AGENT AND THE CAR IS PROPERLY SOLD AT AUCTION FOR $14,000. THE COST TO CONVERT THE COLLATERAL WAS $1,400. WITH NO OTHER CONSIDERATIONS, WHICH OF THE FOLLOWING REFLECT THE WAY THE PROCEEDS SHOULD BE DISTRIBUTED? a. $10,000 to Agent to repay the forfeiture. $1,000 to agent for cost to convert. $3,000 to indemnitor. b. $10,000 to agent to repay the forfeiture. $1,400 to agent for cost to convert. $2,600 to indemnitor. c. $14,000 to agent d. None of the above is correct - CORRECT ANSWER - b. $10,000 to agent to repay the forfeiture. $1,400 to agent for cost to convert. $2,600 to indemnitor. WHAT IS REQUIRED TO BE ATTACHED TO EACH BOND WRITTEN BY ADMINISTRATIVE RULE? a. Affidavit of Informed consent b. Collateral Security Affidavit c. Copy of the Bail Bond agent's authorization from his surety to execute bonds d. All of the above are required - CORRECT ANSWER - d. All of the above are required WHO ARE THE PARTIES TO AN INDEMNITY AGREEMENT? I. The Prinicipal II. The Indemnitor III. The Surety a. I & II b. I & III c. II & III d. All of the above - CORRECT ANSWER - d. All of the above WHAT ONE SINGLE THING IS MOST IMPORTANT TO GET FROM AN INDEMNITOR? a. Reasonable access to their premises b. Copy of their birth certificate and deed to real property c. Identification d. Reasonable access to both their premises and the defendant's premises - CORRECT ANSWER - c. Identification WHICH STATEMENT IS MOST CORRECT IF THE AGENT DOES NOT FILE A COLLATERAL STATEMENT OR AFFIDAVIT AFTER EXECUTING THE BOND? a. If agent fails to file a collateral statement or affidavit after 30 days, he has no collateral b. If agent fails to file a collateral statement or affidavit within 45 days, the court allows 10 additional days c. Filing a collateral statement or affidavit is optional and has no bearing on the collateral if not filed d. The collateral statement or affidavit must be filed with the bond or the bond is voidable at principal's option - CORRECT ANSWER - a. If agent fails to file a collateral statement or affidavit after 30 days, he has no collateral WHICH OF THE FOLLOWING IF ANY MUST BE RETURNED TO THE INDEMNITOR UPON TERMINATION OF LIABILITY OF THE BOND? a. Promissory note b. Indemnity Agreement c. Indemnitor's vehicle which was held by the bail bond agent d. None of the above must be returned to the indemnitor - CORRECT ANSWER - c. Indemnitor's vehicle which was held by the bail bond agent 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 - CORRECT ANSWER - d. Both B & C above are correct 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. - CORRECT ANSWER - c. Must forward if collateral exceeds $5,000. 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 d. Original to indemnitor, copy to department & copy kept in records - CORRECT ANSWER - c. Original to principal, copy to indemnitor 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 - CORRECT ANSWER - 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.