Florida Regulations 69B-221.100: Terms and Conditions of Contract; Surrender Form
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(1) The terms and conditions of all contracts entered into between a principal and a surety for a bail bond shall set forth the bond number, the date, the amount of the premium and the name of the surety company as follows:
TERMS AND CONDITIONS
The following terms and conditions are an integral part of this application for appearance bond No. ___ dated ___ for which ___ Surety Company or its agent shall receive a premium in the amount of ___ ($___) Dollars, and the parties agree that said appearance bond is conditioned upon full compliance by the principal of all said terms and conditions and is a part of said bond and application therefor.
1. ___ Surety Company, as bail, shall have control and jurisdiction over the principal during the term for which the bond is executed and shall have the right to apprehend, arrest and surrender the principal to the proper officials at any time as provided by law.
2. In the event surrender of principal is made prior to the time set for principal’s appearances, and for reasons other than as enumerated below in paragraph 3., then a refund of the bond premium shall be made to the person listed on the premium receipt.
3. It is understood and agreed that the happening of any one of the following events shall constitute a breach of principal’s obligations to ___ Surety Company hereunder, and ___ Surety Company shall have the right to forthwith apprehend, arrest and surrender principal, and principal shall have no right to any refund of premium whatsoever. Said events which shall constitute a breach of principal’s obligations hereunder are:
(a) If principal shall depart the jurisdiction of the court without the written consent of the court and ___ Surety Company, or its Agent.
(b) If principal shall move from one address to another within the State of Florida without notifying ___ Surety Company or its Agent in writing prior to said move.
(c) If principal shall commit any act which shall constitute reasonable evidence of principal’s intention to cause a forfeiture of said bond.
(d) If principal is arrested and incarcerated for any offense other than a minor traffic violation.
(e) If principal shall make any material false statement in the application.
INFORMATIONAL NOTICE
For complaints or inquiries, please contact:
Florida Department of Financial Services
Division of Consumer Services
200 East Gaines St.
Tallahassee, FL 32399-0322
(877)693-5236 (in-state)
(850)413-3089 (all areas)
Signed, sealed and delivered this __ day of __, 20___.
TERMS AND CONDITIONS
The following terms and conditions are an integral part of this application for appearance bond No. ___ dated ___ for which ___ Surety Company or its agent shall receive a premium in the amount of ___ ($___) Dollars, and the parties agree that said appearance bond is conditioned upon full compliance by the principal of all said terms and conditions and is a part of said bond and application therefor.
Terms Used In Florida Regulations 69B-221.100
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. In the event surrender of principal is made prior to the time set for principal’s appearances, and for reasons other than as enumerated below in paragraph 3., then a refund of the bond premium shall be made to the person listed on the premium receipt.
3. It is understood and agreed that the happening of any one of the following events shall constitute a breach of principal’s obligations to ___ Surety Company hereunder, and ___ Surety Company shall have the right to forthwith apprehend, arrest and surrender principal, and principal shall have no right to any refund of premium whatsoever. Said events which shall constitute a breach of principal’s obligations hereunder are:
(a) If principal shall depart the jurisdiction of the court without the written consent of the court and ___ Surety Company, or its Agent.
(b) If principal shall move from one address to another within the State of Florida without notifying ___ Surety Company or its Agent in writing prior to said move.
(c) If principal shall commit any act which shall constitute reasonable evidence of principal’s intention to cause a forfeiture of said bond.
(d) If principal is arrested and incarcerated for any offense other than a minor traffic violation.
(e) If principal shall make any material false statement in the application.
INFORMATIONAL NOTICE
For complaints or inquiries, please contact:
Florida Department of Financial Services
Division of Consumer Services
200 East Gaines St.
Tallahassee, FL 32399-0322
(877)693-5236 (in-state)
(850)413-3089 (all areas)
Signed, sealed and delivered this __ day of __, 20___.
Signature of Applicant
_______________________
Mailing address
_______________________
(2) Any bail bond agent who surrenders or recommits a defendant prior to a forfeiture shall execute form DFS-H2-1542 (07/02) titled “”Statement of Surrender Form””, which is adopted and incorporated herein by reference. The licensee shall provide a copy to the defendant, and maintain a copy in the file of the defendant. This form is available from the Department’s website: www.myfloridacfo.com/Division/Agents.
Rulemaking Authority 648.26 FS. Law Implemented Florida Statutes § 648.4425. History-Repromulgated 12-24-74, Formerly 4-1.16, Amended 9-10-91, Formerly 4-1.016, Amended 1-22-03, Formerly 4-221.100.