(1) Except as provided in subsection (2) of
this rule, the following terms and conditions must be included in all contracts
entered into between a principal and a surety for a bail bond. The terms and
conditions 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 contract 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 issuer of the bond,
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
the principal is made prior to the time set for the 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 constitutes a
breach of the principal's obligations to ___ Surety Company hereunder, and ___
Surety Company will have the right to forthwith apprehend, arrest and surrender
the principal to the proper officials at any time as provided by law, and the
principal shall have no right to any refund of premium whatsoever. Any of the
following events constitute a breach of the principal's obligations:
(a) if the principal departs the jurisdiction
of the court without the written consent of both the court and ___ Surety
Company, or its Agent;
(b) if the
principal moves 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 the principal commits
any act which constitutes reasonable evidence of the principal's intention to
cause a forfeiture of said bond;
(d) if the principal is incarcerated for any
offense other than a minor traffic violation; or
(e) if the principal makes any material false
statement in the application.
INFORMATIONAL NOTICE
For complaints or inquiries, please contact:
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) Surety companies may continue to issue
and agents may use all current inventory of printed contracts for a period of
24 months after this amended rule is promulgated.
(3) Any bail bond agent who surrenders or
recommits a defendant prior to a forfeiture must execute Form DFS-H2-1542
Statement of Surrender Form, which is incorporated by reference in Rule
69B-221.155, F.A.C. The licensee
must provide a copy of the completed Statement of Surrender Form to the
defendant and maintain a copy in the defendant's file.
Notes
Fla. Admin.
Code Ann. R. 69B-221.100
Rulemaking Authority
648.26 FS. Law Implemented
648.4425
FS.
Repromulgated
12-24-74, Formerly 4-1.16, Amended 9-10-91, Formerly 4-1.016, Amended 1-22-03,
Formerly 4-221.100, Amended by
Florida
Register Volume 50, Number 231, November 26, 2024 effective
12/9/2024.
Repromulgated 12-24-74, Formerly 4-1.16, Amended 9-10-91,
Formerly 4-1.016, Amended 1-22-03, Formerly
4-221.100.
