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FLORIDA BAIL BONDS STATE
EXAM 400 QUESTIONS WITH
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"Who is authorized to make agent appointments? - CORRECT ANSWER=> The Surety" "What is the maximum amount in which an agent may execute a single bond called? - CORRECT ANSWER=> underwriting authority" "What is the meaning of actual authority? - CORRECT ANSWER=> The authority in which the company grants by contract to an agent" "Who is responsible for the supervision of a Limited Surety agent? - CORRECT ANSWER=> Managing General Agent" "What does "forfeit" mean? - CORRECT ANSWER=> to lose or give up something of value for a specific reason" "How many Judges sit on the panel for appeal court? - CORRECT ANSWER=> three" "Does Florida administrative rules also address the topic of advertising? - CORRECT ANSWER=> Yes" "After how many days may the Surety Company not execute bonds if a judgement remains unpaid? - CORRECT ANSWER=> 50"
"If the defendant is apprehended within 90 days what percentage of the remission is returned to the agent or Surety company? - CORRECT ANSWER=> 100" "If a defendant is not arrested within 2 years of a forfeiture, what would happen? - CORRECT ANSWER=> the penal sum of the bond remains forever forfeited" "As of July ____ no new runners license were issued. - CORRECT ANSWER=> 1995" "Once a forfeiture is received from the Clerk of the Courts it must be paid within how many days? - CORRECT ANSWER=> 60 days" "Who is responsible for statistical reporting? - CORRECT ANSWER=> Each insurer and bail agent who writes bail bonds in this state" "What is/are the functions of a Managing General Agent? - CORRECT ANSWER=> To supervise, manage the bail bond business written in a surety located in Florida" "How many hours weekly must an intern work to comply with the administrative rules? - CORRECT ANSWER=> 30 hours" "An ankle monitor can also be known as a - CORRECT ANSWER=> Tether" "What bond, if any, does not guarantee the defendant will appear in court? - CORRECT ANSWER=> All bonds are written to guarantee the defendant will appear" "The governing statue regulating the bail bond examination is - CORRECT ANSWER=> F. S. 648.38" "Federal and State courts may add a Bail sufficiency requirement to a bond. This process can also be known as a _______ ____________. - CORRECT ANSWER=> Nebbia Hearing" "What elected official is responsible for the licensing and regulations of Surety agents? - CORRECT ANSWER=> Chief Financial Officer" "When a bondsman in another county or state post a bond for your agency this bond procedure is called a _____ ______. - CORRECT ANSWER=> Transfer Bond"
"The Office of the State Courts Administrative was formed in - CORRECT ANSWER=> 1972" "How many Circuit courts are there in the state of Florida? - CORRECT ANSWER=> 20" "Who is the obligee in a bond when the crime is against the United States? - CORRECT ANSWER=> The President of the United States" "How many County courts are there in the state of Florida - CORRECT ANSWER=> 67" "The prosecutor has _____ days to take a misdemeanor case to trial before a defendant is released. - CORRECT ANSWER=> 90" "The prosecutor has _____ days to take a felony case to trial before a defendant is released. - CORRECT ANSWER=> 175" "What usually happens at the same time that a bond is forfeited? - CORRECT ANSWER=> A warrant for the arrest of the defendant is ordered" "After ____ a Bail Bond Agent may not execute any more bonds if a Judgement remains unpaid.
- CORRECT ANSWER=> 35 days" "Does a Limited Surety Agent need a receipt for each bond/defendant? - CORRECT ANSWER=> Yes" "What is the role of Judges? - CORRECT ANSWER=> Protect the constitutional rights of defendants" "What is the primary concern of the bond agent? - CORRECT ANSWER=> The defendant fulfills all the conditions of the bond" "Which bond allows the defendant to go at large until the civil case is finally settled? - CORRECT ANSWER=> Ne Exeat Bond" "A Non-liable agent can also be referred to as what type of agent? - CORRECT ANSWER=> Posting Agent" "What is the only purpose of a criminal defendant's bond? - CORRECT ANSWER=> To produce the defendant in court"
"What is the maximum fee for a surrender allowed by law when there has been no forfeiture of the bond? - CORRECT ANSWER=> $100" "What is the Underwriting Authority? - CORRECT ANSWER=> The maximum amount of a bond an agent can write" "To set free, release or discharge as from an obligation, burden or accusation - CORRECT ANSWER=> Acquit" "Which statue regulates bail bond? - CORRECT ANSWER=> 903" "What is most correct about bail bond contracts? - CORRECT ANSWER=> A bail bond is a written contract" "What one feature of bail sets it apart from all other contracts? - CORRECT ANSWER=> The defendant is a party to the contract even if s/he does not sign it." "Which of the following is not considered a type of enforceable contract? - CORRECT ANSWER=> Void Contract" "To be enforceable by a court, every contract (whether written or oral) must meet all the requirements except which of the following? - CORRECT ANSWER=> Obligation" "In a appeal court, what is the majority votes required? - CORRECT ANSWER=> Two" "What is the one guarantee common to all criminal defendant bonds? - CORRECT ANSWER=> The principal will not depart the jurisdiction of the court without leave." "The ONLY absolute essentials of a bail bond that has been accepted by an authorized official are that it states? - CORRECT ANSWER=> The amount of the bond" "People may represent themselves in court without an attorney as long as they follow court rules. They're often referred to as? - CORRECT ANSWER=> Pro Se" “elected official responsible for regulation and licensing of bail bondsmen - CORRECT ANSWER=> Chief financial officer"
"How can an Appeal Bond be forfeited? - CORRECT ANSWER=> By the appealant failing to surrender to the court or if they fail to pursue an appeal in a timely manner" "What does the Power of Attorney that is attached to each bond pledge as security? - CORRECT ANSWER=> The assets of the surety company to cover the bond" "Appelant - CORRECT ANSWER=> One who brings an appeal" "Supercedeas - CORRECT ANSWER=> You shall forebear" "Habeas Corpus - CORRECT ANSWER=> You have the Body" "Extradite - CORRECT ANSWER=> deliver out" "Ne Exeat - CORRECT ANSWER=> No exit" "Writ - CORRECT ANSWER=> any written court order" "Warrant - CORRECT ANSWER=> Written order for arrest" "Forfeit - CORRECT ANSWER=> To surrender, give up as a penalty" "Surety - CORRECT ANSWER=> One who guarantees the obligations of another" "Sufficiency - CORRECT ANSWER=> Ampleness; Adequacy" "the 5 elements of fraud - CORRECT ANSWER=> A false statement must be made Conscious making of said false statement by the fraudulent party Intent by the fraudulent party to deceive the other party by this false statement Acceptance of the false statement as truth by the other party Damage of some form being inflicted upon the defrauded party by the false statement" "Actual authority - CORRECT ANSWER=> Authority which is granted to the agent by contract" "Apparent authority - CORRECT ANSWER=> assumed by the public to be actual authority, but not truly allotted by the insurer" "Five elements of a valid contract - CORRECT ANSWER=> Agreement
Proposition Consideration Competency Legality" "With what officials must a bondsman register? - CORRECT ANSWER=> The Sheriffs office and the Clerk of Court in their county of residince, as well as all counties that the bondsman intends to write bonds" "How often must a bondsman register? - CORRECT ANSWER=> Before writing their first bond and before April 1st of every odd numbered year" "What 3 bail bond records must a bondsman keep? - CORRECT ANSWER=> A daily register An individual file for each defendant Record of premiums received by the insurance company" "How long must a bondsman keep records? - CORRECT ANSWER=> 3 years after discharge" "What are normal business hours? - CORRECT ANSWER=> At least 8 hours a day, Mon - Fri, between 8am and 6pm" "During what hours may a bondsman phone or solicite the residence of a detainee in domestic violence situations? - CORRECT ANSWER=> Between 8am and 9pm" "What information must appear on a bondsmans sign? - CORRECT ANSWER=> Business name... readable from a reasonable distance away" "What information regarding bonds may NOT appear on a bondsmans sign? - CORRECT ANSWER=> the name may not imply a reduced rate of premium" "Where is it illegal for a bondsman to solicit business? - CORRECT ANSWER=> In or around any court or place where prisoners are kept or the grounds of said property or adjacent property" "What types of persons may NOT be employed in a bail bonds office/ - CORRECT ANSWER=> Anyone with the power to arrest or detain prisoners Anyone guilty of a felony Anyone denied a license or had a license cancelled in any state"
"What if the most a transfer fee can be? - CORRECT ANSWER=> $100 per defendant" "What if the percentage of premium on a Federal Bond? - CORRECT ANSWER=> 15%" "For what 5 reasons may a bondsman surrender a defendant without returning the premium? - CORRECT ANSWER=> If the defendant leaves the jurisdiction of the court If the defendant moves or changes addresses without notifying the surety Any action by the defendant that constitute reasonable evidence of their intent to forfeit the bond If the defendant is arrested for any other offenses except minor traffic violations It the defendant makes material false statements in the bond application" "For what 2 reasons must the premium be returned? - CORRECT ANSWER=> If it is found that the defendant doesnt fall under the jurisdiction of the court to which the bond was written If the defendant is surrendered back to the jail by the surety but hasn't violated the contract" "What information must be shown on a premium receipt? - CORRECT ANSWER=> - date
- Name of the principal
- Amount of funds received
- Purpose of said funds
- Power number
- Name of the person making the payment" "Name the only two essential elements of a bond contract - CORRECT ANSWER=> The place of appearance & the amount of the Bond" "Felony - CORRECT ANSWER=> A crime punishable by death or a term of years in prison" "Misdemeanor - CORRECT ANSWER=> A crime punishable by a fine or a term of less than one year" "Indictment - CORRECT ANSWER=> A true bill of a grand jury" "Information - CORRECT ANSWER=> Written accusation by a state attorney" "Indemnity - CORRECT ANSWER=> Obligation of one person to make good the losses of another" "Affidavit - CORRECT ANSWER=> Sworn statement"
"Estreat - CORRECT ANSWER=> Process of calling on the surety to produce the defendant before the court" "Collateral - CORRECT ANSWER=> Something of value given or promised as security for a bond" "Name the four courts in the Florida Judicial system - CORRECT ANSWER=> Florida Supreme Court District Courts of Appeal Circuit Courts County Courts" "Which Court has original jurisdiction over Felonies? - CORRECT ANSWER=> Circuit Court" "Which court has original jurisdiction over misdemeanors? - CORRECT ANSWER=> County Court" "What official must send notice to the surety of a required court appearance? - CORRECT ANSWER=> the Clerk of Court" "How much notice must the Clerk of Court give of a required court appearance? - CORRECT ANSWER=> 72 hours" "For what three reasons may a forfeiture be discharged within 60 days? - CORRECT ANSWER=> Extinuating circumstances beyond the defendants control that prevented them from appearing If the defendant is incarcerated at the time of the required appearance If the defendant if surrendered or arrested before enough time passes to delay the proper prosecution of the defendant" "Who may arrest a defendant who is on bail for the purpose of surrending them? - CORRECT ANSWER=> Any law enforcement officer The bondman Any agent under the same surety as the bondsman" "Nolle Prosequi or Nolle Pross - CORRECT ANSWER=> "Unwilling to prosecute" usually due to lack of evidence"
"In whos name must the collateral be taken? - CORRECT ANSWER=> the suretys name, with the bondsman as the fiduciary" "How must cash collateral be held? - CORRECT ANSWER=> Under $5000 must be held in an account separate from any other funds belonging to the surety company or the bondsman. OVER $5000 must be held by the surety" "What is the term (length) of an indemnity contract? - CORRECT ANSWER=> Indefinite" "When does an Indemnity agreement become cancellable? - CORRECT ANSWER=> When the conditions of the bond are fulfilled" "What information must appear on a collateral receipt? - CORRECT ANSWER=> - The date of the receipt
- The name of the Principal
- The numbers of the Powers attached to the bond
- The name of the indemnitor
- The name of who will hold the collateral" "Upon proof of fulfillment of the obligation of the bond, what must the bondsman do with the collateral? - CORRECT ANSWER=> The collateral must be returned to the Indemnitor or the person to whom it is assigned" "How much time does the bondsman have to return collateral after the obligation of the bond is fulfilled? - CORRECT ANSWER=> 21 days" "If a bondsman is charged with a felony, what happens to their license? - CORRECT ANSWER=> It is suspended until the bondsmans case is adjucated in their favor" "What 4 types of dicsipline can the department of financial services impose on a licensee? - CORRECT ANSWER=> Permanent Revokation Suspension for up to 2 years Probation for up to 2 years A fine" "What may be required of a bondsman before a suspended license can be reinstated? - CORRECT ANSWER=> The bondsman may be required to retake the basic certification course and/or the correspondence course"
"Soliciting business in a court or jail is a ... - CORRECT ANSWER=> Misdemeanor" "Employing a convicted felon is a .... - CORRECT ANSWER=> felony" "Recommending an atty to a defendant is a... - CORRECT ANSWER=> midemeanor" "Making a false statement on the license application is a... - CORRECT ANSWER=> Departmentally disciplined" "Being incompetent or dishonest in dealings is... - CORRECT ANSWER=> Departmentally disciplined" "Failing to file required reports is a... - CORRECT ANSWER=> Felony" "Failing to return collateral is a... - CORRECT ANSWER=> Felony & Departmentally disciplined" "Withholding funds from the Surety is a ... - CORRECT ANSWER=> Felony" "Signing blank bonds is a... - CORRECT ANSWER=> Misdemeanor" "Willful - CORRECT ANSWER=> Intentional" "Conversion - CORRECT ANSWER=> taking anothers property for ones own use" "Misappropriation - CORRECT ANSWER=> Putting the property of another to unlawful or unintended use" "rebate - CORRECT ANSWER=> Give back part of a fee" "Suspend - CORRECT ANSWER=> Set aside temporarily" "revoke - CORRECT ANSWER=> Cancel permanently" "Fraud - CORRECT ANSWER=> intentional deception" "Conviction - CORRECT ANSWER=> Formal finding of guilt"
"Arrest - CORRECT ANSWER=> A seizure or forcible restraint, The taking or keeping of a person in custody by legal authority" "Arrest Warrant - CORRECT ANSWER=> A document issued by a judge or magistrate that authorizes someone's arrest by legal authority" "Assault - CORRECT ANSWER=> An intentional act by one person to another of an imminent harmful or offensive contact" "Attachment - CORRECT ANSWER=> The legal seizure of people or property by a court order" "Attorney-In-Fact - CORRECT ANSWER=> One who is an agent or representative of another and is given authority to act in that persons place and name" "Attorney - CORRECT ANSWER=> One who represents clients in court proceedings- A qualified lawyer" "Authority, Actual - CORRECT ANSWER=> Authority given explicitly in writing or orally to an agent by contract and/or by power of attorney" "Authority, Apparent - CORRECT ANSWER=> Authority the public may believe an agent to possess" "Authority, Express - CORRECT ANSWER=> Authority or power of attorney directly, firmly and explicitly stated" "Bail - CORRECT ANSWER=> 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 Bond - CORRECT ANSWER=> 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 Agent - CORRECT ANSWER=> An appointed limited surety agent by power of attorney of an insurer to execute bail bonds in connection with judicial proceedings for a fee" "Battery - CORRECT ANSWER=> The act of unlawfully touching another person"
"Bench Warrant - CORRECT ANSWER=> An order that a judge or group of judges issue directly to law enforcement with the purpose of arresting that individual/subject" "Bond - CORRECT ANSWER=> 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" "Breach Of Contract - CORRECT ANSWER=> An unjustified failure to perform an agreement/contract at its due date" "Build Up Fund - CORRECT ANSWER=> 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" "Burden Of Proof - CORRECT ANSWER=> A duty placed upon the defendant to prove or disprove a disputed fact" "Cease And Decease Order - CORRECT ANSWER=> An order for an individual or business to stop an illegal activity" "Capias - CORRECT ANSWER=> A writ/warrant ordering the arrest of a named person" "Capital Offense - CORRECT ANSWER=> A felony punishable by the death penalty" "Civil Case - CORRECT ANSWER=> When a person or business/plaintiff seeking monetary value claims to have been harmed by the actions of another person or business/defendant" "Collateral - CORRECT ANSWER=> Valued item given by or on behalf of the principal/defendant to protect the surety from loss" "Committing Magistrate - CORRECT ANSWER=> 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" "Concealment - CORRECT ANSWER=> Fraudulent failure to reveal information"
"Delegate - CORRECT ANSWER=> an individual designated to act for or represent another or others- representative" "Deliberate - CORRECT ANSWER=> Discussion of facts, laws, evidence, and other matters, by members of a jury or a panel of judges in order to reach a verdict" "Department - CORRECT ANSWER=> Department of Financial Services" "Deposition - CORRECT ANSWER=> A sworn out-of-court testimony of a party or witness in a civil or criminal proceeding" "Department Of Financial Services - CORRECT ANSWER=> A division of the government to regulate the insurance industry including surety" "Discharge - CORRECT ANSWER=> To fulfill the obligations of the surety bond- To release" "Disposition - CORRECT ANSWER=> The final settlement and termination of the case" "Escrow - CORRECT ANSWER=> To place in custody or trust" "Estreat - CORRECT ANSWER=> The legal process by which the court calls upon the surety to produce the defendant" "Evidence - CORRECT ANSWER=> 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" "Execute - CORRECT ANSWER=> To carry out fully- To put completely into effect" "Exonerate - CORRECT ANSWER=> To relieve, remove a burden, or to release from a duty" "Extradite/Extradition - CORRECT ANSWER=> An act where one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to their law enforcement." "False Arrest - CORRECT ANSWER=> When law enforcement/peace officer wrongfully holds an individual against their will or takes them into custody"
"False Imprisonment - CORRECT ANSWER=> The intentional confinement or restraint of another person without having the legal right to do so" "False Swearing - CORRECT ANSWER=> A false statement made while under oath" "Felony - CORRECT ANSWER=> The most serious class of criminal offense/ Crimes punishable by imprisonment of more than one year" "Forfeit - CORRECT ANSWER=> 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" "Forfeiture - CORRECT ANSWER=> Payment of the penal sum, by the surety to the obligee in the event the principal does not fulfill the obligations of the bond" "Fugitive - CORRECT ANSWER=> One who flees or runs away from a court appearance or law enforcement" "General Agent - CORRECT ANSWER=> One employed by an insurer to supervise or manage the bail bond business" "Habeas Corpus - CORRECT ANSWER=> You have the body" "Hold Harmless - CORRECT ANSWER=> Protect from loss of liability or indemnity" "Incarceration - CORRECT ANSWER=> Imprisonment, confinement in jai, or penitentiary" "Indemnify - CORRECT ANSWER=> To hold harmless" "Indemnitor - CORRECT ANSWER=> In a surety agreement, the individual who agrees to reimburse the surety for any loss it may suffer from having bonded the principal" "Indictment - CORRECT ANSWER=> A formal charge or accusation of a serious crime by a grand jury" "Information - CORRECT ANSWER=> An accusation by a prosecuting attorney against an individual for a specific criminal offense without an indictment"
