BAIL BONDS Florida Association of Court Clerks and Comptrollers New Clerk Academy, March 2018
2 Panel Speakers Hon. Don Barbee, Clerk of Courts, Hernando County Clerk of the Circuit Court & Comptroller Jean Sperbeck, General Counsel for J.K. Jess Irby, Alachua County Clerk of the Court & Comptroller
Bonds Defined A bail bond is a contract between the agent, the defendant and the State allowing the defendant to be released from jail pending trial.
Who Sets the Bond Amount? Depends on method of arrest Warrant or Capias = Judge Note: Not supposed to be changed at 1 st appearance (903.02) but judges do it anyway. Warrantless Arrest = Cop Reviewed by judge at 1 st Appearance NOTE: All bonds are per count. No blanket bonds allowed in Florida since 2006-903.02(4) (but judges do it anyway).
3 TYPES OF BONDS Cash pay full amount, get full amount back once case closed less any monies owed on any cases. Surety Pay fee to bail bond agent (who represents an insurance company called a surety). Usually 10% of total bond, sometimes require collateral Property Never happens here, if it does call supervisor
What s the difference? SURETY AGENCY AGENT
Agent Registration Clerk required to register agents 648.42 agent may not become surety unless registered with sheriff and clerk Register and file power Clerk and sheriff shall not permit unless agent licensed Registration on April 1 of odd years
Only 3 Things Can Happen to a Bond Cancelled, aka released Be careful of PTI, PSI, or turn yourself in cases Forfeited Expire 36 months
Cancelled/Released Count Disposed Send cancellation to bondsman (via email?) Can you transfer a bond? (upmand/remand) Off Bond (exoneration) (903.21) Pre-Forfeiture Only!! Defendant in Custody and Signed Surrender Form Agreement to pay transportation costs 3 days notice to SAO and court order. Clerk has no authority to off bond absent order
Forfeiture FTA = FORFEITURE. (903.26(2)(b) COURT SHALL ) Mail Notice within 5 days 60 days to pay or arrest defendant SETTING ASIDE FORFEITURE ONLY SAME DAY 1.540 reasons, like insufficient notice Bond must be reinstated or new bond posted
Forfeiture Notice Issues Notice to Surety and Agent within 5 Days 60 days starts with mailing No Set Form Record in Official Records?? Electronic Service Permissible
Only 3 Things Can Happen to a Forfeiture 1. PAID within 60 days (preserves remission rights) 2. DISCHARGED within 60 days CLERK DISCHARGE(903.26(8) COURT DISCHARGE(903.26(5) is Clerk a party to this motion? 3. JUDGMENT - Nothing within 60(65, 5 days mail) REMEMBER: With any of these, the original bond is gone!
Clerk Discharge (903.26(8)) CLERK SHALL DISCHARGE.. 2 Scenarios 1. Defendant in your jail (or before jurisdiction of court) 2. Arrested out of county, posted bond on your case
Court Discharge (903.26(5)) Lots of changes in 2017 No longer just at time of FTA, now anytime within 60 Limited Reasons Impossible, Insane, Incarcerated (in or out of state), hospitalized, or dead Motion filed +HEARD within 60/65 days Does not stay judgment
Judgments 60-65 days after forfeiture notice sent What if there is a pending motion? What if the defendant pled/case closed? Open a new civil case?
More on Judgments Judgment Against Surety lists agent Certified Copy to Surety, DFS and OIR Courtesy Copy to Agent No Eligibility for Remission 35 Days to Pay or file motion Payment = condition precedent to motion Issue Satisfaction if Paid
Judgments Not Paid If not paid within 35 days 2 Copies to DFS, OIR and Sheriff No Bonds for Agent If not paid within 50 days Surety may not underwrite bonds No notice requirements, but courtesy
Notice of Payment Payment tolls effect of judgment Before certificate of nonpayment Notify DFS and OIR After certificate of nonpayment Notify DFS, OIR and sheriff Notify any other clerk or sheriff who received notice of nonpayment
Setting Aside Judgment Surrender not basis to set aside After 35 days, judgment must be jurisdictionally void Relief under Fl.R.Civ.Proc 1.540 excusable neglect Remission available, if set aside Order granting must be recorded
REMISSION Forfeiture Must be Paid Pre-Judgment Agent/Surety buying 2 yr extension of time Motion filed w/i 2 yrs but can be heard later Reimbursement % based on re-arrest date Clerk Necessary Party
Cash Bond Issues We Get Paid First 903.286 - withhold any owed court money before returning What about depositor? Can you check them? Ensure Proper Notice to Depositor Can a forfeiture of a cash bond be discharged? Is remission available? Who is proper party to file for remission?