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Current Events in Bail

This is where we announce news that affects the business we're all engaged in — guaranteeing that accused criminal defendants appear in court. If you've visited our site before and want to know what's changed, take a look here first. Feel free to bookmark this page. Also, keep an eye on our bail links and pending bail legislation pages. For the latest Bail Association news, including BAIL FLORIDA and FSAA meeting times and dates, visit our Associations page. Feel free to e-mail any suggested sites.

New Bill for Florida Bail Agents & Agencies
On March 19, 2002 the Florida Legislature passed SB 1916, which leaves the bill needing only the Governor's expected signature to become new law. This bill, which was a product of the Department of Insurance's "Blue Ribbon Bail Bond Panel", revives much of Section of 648, Florida Statues. To review these changes, choose a format: Florida Legislature Web Page or the complete bill text in PDF.

THE FUGITIVE: EVIDENCE ON PUBLIC VERSUS PRIVATE LAW ENFORCEMENT FROM BAIL JUMPING*

By ERIC HELLAND, Claremont-McKenna College and ALEXANDER TABARROK, George Mason University

On the day of their trial, a substantial number of felony defendants fail to appear. Public police have the primary responsibility for pursuing and rearresting defendants who were released on their own recognizance or on cash or government bail. Defendants who made bail by borrowing from a bond dealer, however, must worry about an entirely different pursuer. When a defendant who has borrowed money skips trial, the bond dealer forfeits the bond unless the fugitive is soon returned. As a result, bond dealers have an incentive to monitor their charges and ensure that they do not skip. When a defendant does skip, bond dealers hire bounty hunters to return the defendants to custody. This study compares the effectiveness of these two different systems by examining failure-to-appear rates, fugitive rates, and capture rates of felony defendants who fall under the various systems.

Good news!

On June 1st, 2000, Governor Jeb Bush signed into law HB 607, an act relating to pretrial release. We believe these statutory revisions will benefit independent bail agents throughout the state of Florida. Thanks to all of you who sent faxes and e-mails to the Governor during the past month. Hats off to B.A.I.L. Florida, the Bail Agent's Independent League of Florida. Much of the credit belongs to Ed and Bill Sheppard, "Big" Mike Nefzger, Russell Baillie, Kim Palmer and the other leaders and active members of this new statewide association for bail bond agents. BAIL Florida introduced this bill early in the legislative session and they were tireless in their dogged efforts to see it through. Quite an accomplishment for what some of our so-called industry leaders continue to label a group of "disgruntled dissidents."
Highlights of the bill include a much-needed revision of the requirement that any FTA results in a new bond of $2,000.00 or double the original bond, whichever is greater. Also, Pretrial Release programs may no longer release persons accused of violent crimes at first appearance with little or no accountability for either their own actions or public safety. The new law defines "dangerous crimes" as any of the following:

	Arson Aggravated Assault
	Aggravated battery
	Illegal use of explosives
	Child abuse or aggravated child abuse
	Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
	Hijacking
	Kidnapping
	Homicide
	Manslaughter
	Sexual battery
	Robbery
	Carjacking
	Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years
	Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority
	Burglary of a dwelling
	Stalking and aggravated stalking
	Act of domestic violence as defined in s. 741.28
	Attempting or conspiring to commit any such crime
	Home-invasion robber

The legislative presumption in favor of release on nonmonetary conditions no longer applies for any individual charged with one of the above dangerous crimes. Furthermore, no person accused of such a crime may be released to the "supervision" of a publicly funded pretrial release service even after first appearance unless the program first provides a background check to the court. It's about time! Lastly, this law cleans up some of the ambiguities in the bill that was passed by the FSAA in 1996.
The law takes effect immediately. Please assist in educating the key players in your judicial circuit.

Alert!!

We need every licensed Bail Agent's help! Help us to defeat H.R. 2964 as it presently stand in Congress. Please follow the links in our Bailbonding Legislation page. We need you to send e-mail and faxes to each and every member of the House of Representatives 106TH Congress COMMITTEE ON THE JUDICIARY telling them that this bill in its current form would likely put you out of business!

Good News!

New Bail Legislation passes during final hours of Florida Legislative Session. House Bill 717, which significantly revises provisions in Chapter 903 of the Florida Statutes passed unanimously and will take effect 60 days after becoming law. The revisions are favorable to agents who write bail in Florida. House of Representatives Analysis.
Highlights of the revisions include the following:

	Extends the time frame within which the court can discharge a forfeiture of a bail bond from the current 35 days to 60 days -- which also extends the time before a court can enter a judgment against a bail bond agent;
	Requires the court to set aside the forfeiture and discharge the bond if the defendant is arrested and returned to the county of jurisdiction prior to judgment;
	Reduces the time frame after a judgment within which a bail bond agent can pay the judgment from 60 days to 35 days;
	Provides that original appearance bonds expire 36 months after the date the bond is posted.
	Requires when a defendant is returned to the county of jurisdiction of the court, whenever a motion to set aside the judgment is filed, the time is tolled until the court makes a disposition of the motion.

Recent Florida Third District Court of Appeal's decision rules that a trial judge cannot grant an extension of the thirty-five-day time period for the payment or discharge of a Florida bond forfeiture. This opinion was mandated December 11, 1998. This case will have a huge impact on Florida bail agency owners. See County Bonding Agency vs. The State of Florida.

We're looking for a few great agents to take the next step!
If you own and operate a successful, well-established bail agency and are ready to take the next step towards betterment, click the eagle below for an amazing opportunity.

New Florida Bail Association formed:

A number of prominent long-time Florida bail agents recently parted company with the Florida Surety Agent's Association (FSAA) and founded the Bail Agent's Independent League of Florida, Inc (BAIL Florida), a new bail agent's association. Citing fundamental philosophical differences with the direction of the FSAA, the founders of BAIL Florida have established that no Company or MGA personnel may vote, hold office or chair committees.

More Good News:

American Bankers Insurance Company prevails in landmark Truth-In-Lending Federal Class Action suit.; United States Court of Appeals, Eleventh Circuit No. 96-4124. The United States Court of Appeals affirms United States District Court for the Southern District of Florida. (No. 95-1535-CIV-KING), Judge James Lawrence King's decision that writing a bail bond is not an "extension of credit."
"We believe it strains credibility to say that an indemnitor on a bail bond agreement is "shopping for credit" when she agrees to the terms of a bail bond agreement. Instead, she is engaging in a standard bail bond transaction: she agrees to be obligated to the surety should the accused fail to appear in court at the scheduled time.": For a link to the full text of this very significant ruling, click here Buckman vs. American Bankers.

Recently we had the chance to spend some time at Jimmy and Bernadette Sottile's beautifully remodeled bail bond agency in Sebring, Florida. This is the kind of professional office that reflects well upon all of us and helps eliminate those tired, detrimental stereotypes.

Jimmy Sottile, owner of Sottile's Bail Bonds
Bernadette Sottile of Sebring, Florida	Left to right: Mark A. Heffernan, Bernadette & James Sottile

Frightening News:

Something to ponder when posting Federal Bonds. A bondsman posts a $100,000.00 bond in Federal Court, secured by a Note and Mortgage on a condominium. The Defendant skips and the bondsman pays the full bond amount to the government. The government then seizes the property that was secured as collateral from the bondsman. Think it couldn't happen that way? Have your attorney dig up a copy of U.S. v. One Parcel of Real Property, 871 F.Supp. 437 (S.D.Fla 1994). Click here for an interesting posting about how the feds got paid their bond forfeiture twice.

In case you were wondering why perhaps you couldn't reach Mark Heffernan right away on May 5th . . .

	Mark Heffernan, minus the suit & tie.
And, yes, it was one of the greatest "guy road trips" of all time. (Front to back: brothers Scott, Mark & David Heffernan)

Celebrity Staff Members:

All this and beauty, too.

Some of the talented staff of NSS.

From left to right: Marie, Lucy, Janice & Donna