Police Department Policy

028 - BAIL BONDSMEN AND RUNNERS

Homestead Police Department

Policy Text
BAIL BONDSMEN AND RUNNERS EFFECTIVE DATE: 08/01/89 STANDARD NO. 028 REVISED: 07/09/18 REPLACES: SOP Bail Bondsmen and Runners 02-06.1-6 – Rev. 01/01/03; Rev. 06/01/05 OBJECTIVE: To give Homestead Police Department (HPD) employees insight into the authority a bondsman possesses over his principal, and to establish criteria for approaching the bondsman question. POLICY: It is the policy of the HPD to establish guidelines for employees to be governed by when faced with situations involving a bondsman. SCOPE: All employees of this Department shall be governed by the procedures set forth below. I. DEFINITIONS: A. Bail Bondsmen (Surety): 1. Assumes technical responsibility of an accused party after the placement of bail by the defendant. The bondsman’s duty is to technically assure the appearance of the accused for trial. If the defendant fails to appear, the bond is forfeited and the bondsman can then arrest the non-appearing party. B. Runner: 1. A person employed by a bail bondsman to assist in apprehending and/or surrendering a defendant in court. C. Principal: 1. The defendant who is being released from custody on bond. D. Bail Bond: 1. A contract involving the accused, a government and an insurance company. The government agrees to release an accused from imprisonment when the accused, together with his surety (bail bondsman), agrees to submit himself to the future order and process of the court requiring his appearance. II. QUALIFICATIONS: A. Bondsmen and runners are registered and regulated under the provisions of Chapter 648, Florida Statutes. Their arrest powers are further defined and governed by Chapter 903, Florida Statutes. A number of licensing requirements and qualifications have been imposed upon bail bondsmen doing business in Florida. 1. The license applicant must: Bail Bondsmen and Runners – SOP# 028 a. Be at least 18 years of age; b. Is a resident of Florida; c. Have an active place of business in the state accessible to the public; d. Complete certain training course or experience requirements; e. Submit recommendations of three reputable citizens who are residents of the same counties in which the applicant proposes to engage in the bail bond business; and f. Be of high character and approved integrity. B. The bondsman must also submit fingerprints, a photograph, a fee, and file with the Insurance Commissioner a sworn financial statement including the rating plan he will use in writing bail bonds. As stated above, bail bondsmen are required to be licensed by the state but they are not required by law to carry and display their license when on “official” business. However, an officer should determine the authority of a bondsman before assisting him or permitting him to effect an arrest. If the bondsman does not have a license in his/her possession, the officer may verify it with the Bureau of Licensing. The phone number is (850) 413-3137 or (850) 413-3089. C. Bondsmen and runners have no special authority to carry concealed weapons or firearms. Unless they have a valid state concealed weapons permit, they must abide by all laws governing a citizen’s possession and use of weapons.

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