All About Florida Bail Bonds
States regulate bail bond laws in different ways, and sometimes the differences can be so subtle at first glance (some do not even bother to read the fine print at all) that it pays for the defendant or the bail bond agent to know what these differences are. Whether one gets an agent or not, the burden of responsibility falls on the defendant because the outcome of the case may hinge on one's knowledge of these differences. Take Florida bail bonds for example.
Applicable statutes include the Florida Statutes and the state Administrative Code. Florida bail bonds are governed by Local Rule and do not allow modification of its statutes or regulations by local jurisdictions. In getting licensing, agents for Florida bail bonds are required to be vouched for and recommended by three reputable residents living in the area where the applicant wishes to practice and must do at least 14 hours of continuing education courses (2 hours more than the average in most states).
For forfeiture conditions, Florida bail bonds require that there must be a breach of the bond conditions or an outright failure of the defendant to appear. The clerk of court must then inform the surety agent and the surety company about the forfeiture within 5 days. In terms of forfeiture to judgment, Florida bail bonds require that such forfeitures must be paid within 60 days upon date of notice. If that has not been complied with, the clerk of court will then furnish the Department of Financial Services and the surety company with a certification of the docket. Furthermore, surety Florida bail bonds may not be executed by a bail bond agent who has been meted judgment but which has remained unpaid. For companies, the same rule applies except that the length of the prescribed payment period is extended for up to 50 days.
In forfeiture defenses, Florida bail bonds cannot be forfeited if the indictment has been filed within 6 months of the arrest with the Florida court normally giving 72 hours notice. Defendants can also cite as reasons to possibly forfeit their Florida bail bonds if they can prove that their non-appearance for their court hearing is due to circumstances beyond their control. They can also cite as valid reasons, if they had become insane (proven of course with credible medical records) and that because of this, they had been confined indefinitely in a hospital or health care facility. Other notable Florida bail bonds forfeiture conditions include non-discharging of the bond's forfeiture if the agent has not yet paid the costs and expenditures in returning the defendant to court. In remissions for the said Florida bail bonds, remission can be granted for up to two years subject to such rules as full remissions for up to 100% if the defendant is able to return within 90 days; the rates thereafter are adjusted accordingly for up to a period of 2 years when the nominal remission rate is pegged at 50%. Remission of Florida bail bonds will also be granted if it has been proven that the surety did not exert any active effort in bringing the defendant back. But can one set a bounty hunter on a defendant's tail if they skipped bail? The State of Florida says no and does not allow legal provisions for bounty hunters.
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