69B-221.100. Terms and Conditions of Contract; Surrender Form  


Effective on Wednesday, January 22, 2003
  • 1(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:

    43TERMS AND CONDITIONS

    46The 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.

    1161. ___ 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.

    1622. 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.

    2083. 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:

    275(a) If principal shall depart the jurisdiction of the court without the written consent of the court and ___ Surety Company, or its Agent.

    299(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.

    328(c) If principal shall commit any act which shall constitute reasonable evidence of principal's intention to cause a forfeiture of said bond.

    350(d) If principal is arrested and incarcerated for any offense other than a minor traffic violation.

    366(e) If principal shall make any material false statement in the application.

    378INFORMATIONAL NOTICE

    380For complaints or inquiries, please contact:

    386Florida Department of Financial Services

    391Division of Consumer Services

    395200 East Gaines St.

    399Tallahassee, FL 32399-0322

    402(877) 692-5236 (in-state)

    405(850) 413-3089 (all areas)

    409Signed, sealed and delivered this _____ day of ___, 20___.

     

    419Signature of Applicant

    422_______________________

     

    423Mailing address

    425_______________________

     

    426(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.

    487Rulemaking Authority 489648.26 FS. 491Law Implemented 493648.4425 FS. 495History–Repromulgated 12-24-74, Formerly 4-1.16, Amended 9-10-91, Formerly 4-1.016, Amended 1-22-03, Formerly 4-221.100.