FLORIDA BAIL BONDS STATE EXAMS 2024, Exams of Nursing

Download FLORIDA BAIL BONDS STATE EXAMS 2024 and more Exams Nursing in PDF only on Docsity! 1 | P a g e 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 A person or government institution with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters Court an individual/group accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case Defendant an individual designated to act for or represent another or others- representative Delegate Discussion of facts, laws, evidence, and other matters, by members of a jury or a panel of judges in order to reach a verdict Deliberate Department of Financial Services Department A sworn out-of-court testimony of a party or witness in a civil or criminal proceeding Deposition A division of the government to regulate the insurance industry including surety Department Of Financial Services To fulfill the obligations of the surety bond- To release Discharge The final settlement and termination of the case Disposition 2 | P a g e To place in custody or trust Escrow The legal process by which the court calls upon the surety to produce the defendant Estreat Every type of proof legally presented (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case Evidence To carry out fully- To put completely into effect Execute To relieve, remove a burden, or to release from a duty Exonerate An act where one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to their law enforcement. Extradite/Extradition When law enforcement/peace officer wrongfully holds an individual against their will or takes them into custody False Arrest The intentional confinement or restraint of another person without having the legal right to do so False Imprisonment A false statement made while under oath False Swearing The most serious class of criminal offense/ Crimes punishable by imprisonment of more than one year Felony To lose to another person or state some privilege, right or property due to the commission of an error, offense, crime, breach of contract, or neglected duty Forfeit Payment of the penal sum, by the surety to the obligee in the event the principal does not fulfill the obligations of the bond Forfeiture One who flees or runs away from a court appearance or law enforcement 5 | P a g e Involving money Pecuniary In surety, the face amount of the bond Penal Sum A false statement made under oath in a judicial proceeding Perjury The party which initiates the lawsuit- The petitioner Plaintiff The defendants declaration in open court that they are guilty/not guilty Plea In a transfer bond, the non-liable agent Posting Agent In a transfer bond, the fee charged by the posting agent Posting Fee A written instrument authorizing an agent to perform certain acts on behalf of the principal Power of Attorney The sum paid to an insurer for providing a surety bond Premium In a surety contract, the obligor- In an indemnity contract, the indemnitor Principal The return of part of a fee or payment Rebate Release from jail on the defendants promise to appear in court- R.O.R. Release On Recognizance To keep in or return to prison/jail Remand To release from a debt or obligation Remission To oppose by direct action 6 | P a g e Resist To cancel permanently Revoke Punishment in a criminal case Sentence In bail, to decide whether the assets pledged are equal to the amount of the bond Sufficiency Of one's own right Sui Juris An order to appear before a judge or magistrate Summons You shall forebear- To set aside, replace, or make void Supersedeas The Department of Financial Services Who regulates insurance & surety companies High School Diploma or equivalent The place of business of the applicant will be located in this state and in the county where the applicant will maintain their records Legal alien who possess work authorization from the U.S. Department of Citizenship and Immigration Services What will qualify to become a bail bond agent Employees of any police department Employees of the clerk of courts Employees of a detention center List of persons who may not be employees of a bail bond business Secure employment with a bail bond agency and completed 120 hr pre-licensing course Requirements before submitting the Temporary Limited Surety Agent license 10% on state bonds and 15% on federal bonds Premiums on bonds Eighteen years old Minimum age requirement for a Limited Surety Agent 7 | P a g e 4 years Within how many years prior to the date of application must the applicant have completed the criminal justice system 120 hr course and a correspondence course approved by the department The defendant is a party to the contract, even if they do not sign it What one feature of bail sets it apart from all other contracts Florida statutes 903 & 648 and 69B-221 of the administrative rules of the insurance commissioner Regulation of bail comes from the following The President of the United States Who is the obligee in a bond when the crime is against the United States? Florida statute 648.38 The governing statute regulating the bail bond exam Consideration, offer & acceptance, and commitment To be enforceable by a court, every contract (written or oral) must meet all of the following requirements Fraud The act which makes a contract unenforceable Offer and acceptance Element necessary in creating a valid contract Nondisclosure Agreement, NDA or Confidentiality Agreement A contract in which a person or business promises to treat specific information as a trade secret and agrees not to disclose the confidential information to others without proper authorization Nebbia hearing Federal and state courts sometimes add a bail sufficiency requirement to a bond. This is also known as Four How many bonds are categorized under secured and unsecured Transfer bond What is it called when a bail bondsman in another county or state posts a bond for your agency 15% What percentage of premium is charged in the state of Florida on an immigration bond Department of Financial Services 10 | P a g e Thirty five days A bail bond agent may not execute any more bonds if a judgement remains unpaid for how many days Fifty days A surety company may not execute any more bonds if a judgement remains unpaid for how many days Fifty percent What percentage of remission is returned to the agent/surety if the defendant is apprehended over 1 year but before 2 years One hundred percent What percentage of remission is returned to the agent/surety if the defendant is apprehended within 90 days Ninety Percent What percentage of remission is returned to the agent/surety if the defendant is apprehended within 181-270 days The penal sum of the bond is forever forfeited What happens if the defendant is not arrested within two years of a forfeiture The bail bond agent who wrote the bond, another agent from the same surety company, or a temporary bond agent employed by the agent who wrote the bond, under the supervision of a licensed limited surety agent Who can detain or arrest a defendant Ten business days How many days will the court order the bond cancelled once the surety has been released Fifty thousand In what amount of collateral security received by a bail bond agent shall be immediately forwarded to the insurer Ten days When a forfeiture occurs, how many days does the agent/insurer have to give written notice of the intent to convert collateral deposit into cash to satisfy the forfeiture Date Name of the defendant Amount of money received Charges/purpose Amount of the bond Number of the power of attorney 11 | P a g e Name of the person making the payment Name of the surety company What must be on a premium receipt The Department of Financial Services Who does the collateral receipt need to state for complaints and inquiries Twenty one days When a bail bond has been discharged in writing by the court, how many days must collateral be returned to the person from it was received Felony charges Violation of collateral may result in what degree of criminal charges against the bail bond agent IRS form 8300 What form must be in the defendants file when accepting collateral/security in excess of $50,000 The Insurance Commissioner Limited surety agents are under the regulations of The state attorney If the department investigates a bail bond agent and finds cause to believe they have committed a crime, who do they turn evidence over to Sixty seven The amount of county courts in the state of Florida Twenty The amount of circuit courts in the state of Florida Five The amount of district courts of appeal courts in the state of Florida One The amount of supreme courts in the state of Florida Tallahassee, Lakeland, Miami, West Palm Beach and Daytona Beach Locations of the courts of appeal 200 East Gaines st Tallahassee FL 32399-0322 12 | P a g e Department of Financial Services address An individual who is running/hiding from a bail bond company Skip U.S. Marshals Who tracks down federal fugitives Civil wrongs recognized by law as grounds for a lawsuit Tort Risk of danger to the community, prior convictions, source of funds used for bail and ties to the community What is taken into consideration when determining bail Certified copy of the bond with the authorization endorsed If arresting the principal before forfeiture, what form should a surety have To protect the constitutional rights of defendants What is the role of judges None What amount of money is paid when a defendant is released on recognizance Misdemeanor What criminal charges apply for suggesting/recommending any particular attorney to principals In or on the property or grounds of a jail, prison or other place where prisoners are confined, or any court house Where a bail bond agent or temporary bail bond agent may not solicit business 8:00 am - 9:00 pm The hours a bail bond agent may contact an individual in a domestic violence case Felony charges What criminal charges apply for promising, giving or paying anything of value to law enforcement, jailer, public official/employee, attorney, principal or judge in order to secure settlement, compromise, remission, or reduction of any bail bond Felons, jailers, law enforcement, judges, attorneys or anyone having the power to arrest/control over federal, state, county or municipal prisoners Who can not be bail bond agents, temporary bail bond agents or be employed by bail bond agents/agencies 15 | P a g e Appellant A seizure or forcible restraint, The taking or keeping of a person in custody by legal authority Arrest A document issued by a judge or magistrate that authorizes someone's arrest by legal authority Arrest Warrant An intentional act by one person to another of an imminent harmful or offensive contact Assault The legal seizure of people or property by a court order Attachment One who is an agent or representative of another and is given authority to act in that persons place and name Attorney-In-Fact One who represents clients in court proceedings- A qualified lawyer Attorney Authority given explicitly in writing or orally to an agent by contract and/or by power of attorney Authority, Actual Authority the public may believe an agent to possess Authority, Apparent Authority or power of attorney directly, firmly and explicitly stated Authority, Express To procure the release of a person from legal custody- Money or form of security given to assure the appearance of the defendant at all stages of a criminal proceeding Bail A bond executed by a defendant who has been arrested with other persons such as a surety, guaranteeing the defendant will appear in court every time they are ordered to do so until the case is disposed- An appearance bond Bail Bond An appointed limited surety agent by power of attorney of an insurer to execute bail bonds in connection with judicial proceedings for a fee Bail Bond Agent 16 | P a g e The act of unlawfully touching another person Battery An order that a judge or group of judges issue directly to law enforcement with the purpose of arresting that individual/subject Bench Warrant A written instrument in which the principal/obligor agrees to perform an act for the obligee and a third party/surety agrees to pay the penalty should the principal fail to perform/fulfill the obligation promised Bond An unjustified failure to perform an agreement/contract at its due date Breach Of Contract Funds held in trust for the limited surety agent held by the surety to help indemnify the surety from losses caused by the agent with a portion of each premium deposited into the fund Build Up Fund A duty placed upon the defendant to prove or disprove a disputed fact Burden Of Proof An order for an individual or business to stop an illegal activity Cease And Decease Order A writ/warrant ordering the arrest of a named person Capias A felony punishable by the death penalty Capital Offense When a person or business/plaintiff seeking monetary value claims to have been harmed by the actions of another person or business/defendant Civil Case Valued item given by or on behalf of the principal/defendant to protect the surety from loss Collateral A judicial officer who decides if there is enough evidence for a case to proceed and whether defendants should be committed or released until trial Committing Magistrate Fraudulent failure to reveal information 17 | P a g e Concealment Something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances Consideration A bond used in civil contempt cases to guarantee the principal will obey the orders of the court at a later date Contempt Bond when an individual fails to adhere to an order from the court, with resulting injury to a private party's rights Contempt Of Court-Civil A criminal charge which is used to punish behavior that interferes with the proceedings or orders of a court Contempt Of Court-Criminal a legally binding document between at least two parties that defines and governs the rights and duties of the parties to an agreement that is enforceable by law Contract When someone intentionally interferes with personal property belonging to another person Conversion A judgement of guilt against a criminal defendant by a jury or judge Conviction A legal business entity/company created for the purpose of issuing any/all types of bonds Corporate Surety A surety bond that is guaranteed by two or more surety companies Co-Sureties Leagal Advisors- Lawyer/Attorney Counsel To endorse/sign a document already signed by another Counter Sign Appeal bond When defendants feel that a trial court has made a error or to harsh of a sentence. They notify the trial court of their appeal and file appeals with a higher court. 20 | P a g e Jailers or employees of the jail Police officers (any law enforcement) Employees of the court or clerk of court. Sheriffs, or employees of the sheriffs office Any person with the power to arrest or control prisoners Continuing education requirements 14 hours every two years Valid Meets all legal requirements and enforceable by either party Valid contract Agreement Offer and acceptance Consideration Competent parties Legality Valid enforceable by all parties Void Contact cannot be enforced in a court of law by either party. Voidable Contract If one party has the option of enforcing the contract or voiding it. Five elements of fraud 1. a false statement must be made. 2. The party who makes the statement must know that it is untrue. 3. He must intend that the other party will believe the falsehood. 4. The other party must except the statement as the truth. 5. The other party must be damaged as a result. Misrepresentation Untrue statements made by the contracting parties during the stage of inducement to sign a contract. Concealment Intentional withholding of facts by one party of the contract, which if they were known, would prevent the other party from signing the contract. False swearing 21 | P a g e A lie put in writing and sworn before a notary or other such official Waiver Giving up of a known right Perjury Lying under oath in a judicial proceeding Breach of contract One parties failure to perform some act that he has contractually agreed to Equitable That which is right and just, rather than which is merely legal. Agency contracts Limited surety agent must complete a contract of agency with a surety company to be appointed to write bail. no matter how qualified he or she may be. Bail bond agency A building where licensee maintains an office and where all records required by 648.34 and 648.36 are maintained Agent Someone who has the power or authority to act as the representative of another. Appointment of agent The insurer appointing the agent must file that appointment with a Department of financial services, and pay all the applicable appointment fees and taxes. How often does the insurance company have to submit a list of current appointments to the department? each month, but in no case later than 45 days after the date of appointment. What if the insurance company fails to notify the department of all current appointments? Shall result in the appointing entity being assessed a delinquent fee of $250. A appointee must have Good moral character, reputation and is fit to engage in the bail bond business. Acceptance of appointment The bail bond agent agrees to accept the company's appointment When does an agent need to register? 22 | P a g e On or before April 1st of every odd number year. Where does the agent need to register? The sheriffs office and the clerk of court and his county of residence and any other county where he desires to write bail. Commission The amount of each bail bond premium collected by the agent that may be retained. Build up fund Account set up to indemnify the company from the losses caused by the agent. Build up fund payments may not exceed what percentage of the premium ? 40% Time period the statute requires the balance of the build up fund to be returned to the agent after all liability has been discharged. Six months The department must be furnished with a certified copy of a statement listing each build up account and balance by what date ? March 1 of every year Managing general agent (MGA). represents the insurer and Florida and supervises the agents appointed by the insurer Actual authority That authority which the company gives, by contract, to an agent Apparent authority This is the authority the public may reasonably think the agent has If agent that is only authorized to write bail bonds in the amounts up to $10,000 writes a bond for $20,000 who will be bound by his actions ? The company will be bound by his actions since the court had no way of knowing of the limitation. How many insurers can limit it surety agents be appointed by. As many as they wish Where can a bail bond office be located? Anywhere accessible to the public What are the normal business hours in which the bail bonds office needs to be open?