Fla. Admin. Code R. 69B-221.100

Current through Reg. 50, No. 253; December 31, 2024
Section 69B-221.100 - Terms and Conditions of Contract; Surrender Form
(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.

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.