BAIL Florida

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Next meeting in South Florida, dates to follow.

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American Bail Coalition
October Newsletter

The Bounty Hunter’s
Pursuit of Justice

Florida Department of Financial Services

Notice of Proposed Rulemaking relating to penalty guidelines for bail bond agents

Notice of Proposed Rule Development relating to
temporary orders of suspension of bail bond agents

MANUEL v. STATE
Ian Manuel appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.

FDLE Crime Statistics Show Lower Crime Rates in Wakulla
The complete 2010 Semi-Annual Crime in Florida, Uniform Crime Report, including county-by-county breakdowns, can be found on the FDLE web site.

What is the Difference Between a Professional Bail Bondsman and a Surety Bail Agent?
The difference between a property bond and a surety bond is simply who is ultimately liable for paying the bond off in the event of a final judgment of forfeiture.

Should authorities need a warrant to put a GPS tracking device on your car?
Florida uses it to track of sex offenders. But how often is it used in criminal investigations?

Domestic violence murders rise as crime falls in Florida
TALLAHASSEE — Crime was down in Florida and throughout much of Tampa Bay.

Most crime in Florida down
Murders rose but other serious crimes declined during the first six months of 2010, the Florida Department of Law Enforcement.

Comparison and Contrast of Current and Proposed Pre-Trial Release Methodology
This system has evolved into a commercial bail activity, with the guarantor or responsible party being the citizens. The resulting drain on the budgets of local law enforcement agencies has rendered them crippled in their efforts to recover fugitives.

Professional Bail Agents of the US’ VP on the Bail Bond Fairness Act
Jeff Kirkpatrick, Executive Vice President of the Professional Bail Agents of the United States, responds to L. Scott Harrell’s opinion on the “Bail Bond Fairness Act:” I see it from a different position. The Bail Bond Forfeiture Act will only increase the BEA’s business.

PBUS Hall of Famers Ponder the Past and Future of the Bail Industry
In the bail industry, bail agents who exemplify professionalism and responsibility don’t always get the recognition they deserve. Their achievements are often overshadowed by negative press coverage about the bail industry and adversity from those who oppose the private bail system.

Ever more young offenders sent to Florida's adult courts
But when minors engage in violent crime, Adams said, often the only choice prosecutors have is to transfer serious offenders to the adult system.

	IMPORTANT
	Ordinance Broward County Feb 2009

	Proposed Bylaws For New Association

	Chapter 648 Revisions

	Please note on the site these are proposed and currently being reviewed by DFS legal so things could change dramatically.

officers & directors

President:
Michael Nefzger
(561) 686-2221

Vice President:
Michael Alexander
(321) 255-1151

Secretary:
Janet Collins
(772) 461-2245

Treasurer:
Joann Conner
(904) 358-1905

Former President:
Ann Teague
(904) 358-1905

An association by Bail Agents for Bail Agents working together for a better tomorrow!

	Alert NEW Rule Change!!
	Bail Bond Penalty Guidelines Effective February 23, 2012

	ERIC HOLDER VS. THE BAIL BOND INDUSTRY
	by Tim Bryce - 2/29/2012 - A subtle but overt attack on the free enterprise system.

	Sometimes we are cognizant of the changes occurring around us, such as the president's controversial health care bill which was extensively covered by the media. Just about every adult in this country has heard of it; they may not understand it, but they are aware of it. Most of the changes affecting us though are not visible to the naked eye, yet they can have as profound effect on us as "Obamacare." Such is Attorney General Eric Holder's full court press against the Bail Bond Industry representing a premeditated attempt to expand government and suppress the free enterprise system. Like my recent article explaining how new government rules inhibit health care providers from tending to the business of patient care, this legislation will undeniably affect all of us. Let me explain.

	The general public has long understood the concept of posting bail in order to be released from jail prior to trial. It is even referenced in the Eighth Amendment of the Bill of Rights whereby excessive bail is prohibited. The purpose of bail is two-fold: it assures the accused returns for trial, and he/she will behave properly and not pose a threat to the community while awaiting trial. The accused is either remanned into police custody or allowed to post bail as prescribed by a judge. Bondsmen, who operate independently from the government, offer bonds for posting. This is typically arranged through a family member, a close friend, or perhaps the accused's employer, and a bond can normally be obtained at a percentage rate of the bail, such as 10%. Bail bondsmen are seasoned veterans who possess a good judge of character. They carefully analyze the accused, the person posting the security, and the risks involved with freeing the defendant. To the bondsman, this is a relatively straight-forward business transaction; he will obviously not post bail if he believes the accused to be a flight risk or will cause trouble. Few people realize the bail bond industry is heavily regulated and must comply to numerous laws, rules, and regulations.

	What the public doesn't understand is the pretrial release program which is advocated by the Attorney General. This is a program which has been evolving over the last three decades and seeks to relieve overcrowded jails by implementing a government implemented program to interview accused prisoners, determine those who are not a threat to their victims and community, and release them pending trial. Although this may sound fine on the surface for misdemeanor offenders, it also applies to certain felony cases, such as those accused of child pornography, theft, battery, and dozens of other crimes. Crimes of major violence or repeat offenders are normally not eligible to be considered under this program. If implemented in full, the pretrial programs will inevitably eliminate the need for bail bondsmen completely.

	"Across the country, nearly two thirds of all inmates who crowd our county jails, at an annual cost of roughly nine billion taxpayer dollars, are defendants awaiting trial. Two thirds of all inmates are awaiting trial. Now, many of these individuals are nonviolent, non-felony offenders, charged with crimes ranging from petty theft to public drug use, and a disproportional number of them are poor."

	"Now, the reality is, it doesn't have to be this way. Almost all of these individuals could be released and supervised in their communities and allowed to pursue or maintain employment, and participate in educational opportunities and their normal family lives, without any risk of endangering their fellow citizens or fleeing from justice."

	- Eric H. Holder, Jr. Attorney General, US Department of Justice National Symposium on Pretrial Justice May 31, 2011

	The impetus behind pretrial programs is overcrowded jails. Proponents of the program claim the current system costs $9 billion per year to operate. Their math is a bit fuzzy as they cannot demonstrate how the pretrial system will lower this number, nor do they take into consideration how bonded defendants are saving money for the taxpayers. In reality, studies show 12% of those defendants released through a pretrial program do not return for their trial appearance and, consequently, a bench warrant is issued to apprehend them. When the accused fails to appear at trial, court dates have to be rescheduled, which incurs costs associated with judges, lawyers and other courtroom personnel, not to mention law enforcement costs to apprehend the defendant. Further, there is the risk of the accused committing another crime thereby incurring even more costs. Currently, the rate ranges from 9% to 16%, with 12% committing violent offenses. Such variables are conveniently overlooked by the pretrial proponents. In contrast, under the bail bond system there are significantly less defendants failing to appear at trial and committing additional crimes. Taxpayers should question the wisdom of creating a program that actually increases crime as opposed to reducing it.

	In our court system today there appears to be an emphasis on releasing offenders as opposed to imprisoning them to await trial, simply for the sake of saving a buck. The courts are littered with cases of defendants being released on their own recognizance (ROR) who have long rap sheets, facing serious charges such as battery, or both. Some ROR cases are unsupervised, including those involving felonies, and others requiring supervision. The question though is, who is to perform the supervision? There are also instances of ROR supervised release of defendants who live in another county. Again, who is to supervise them? As you study ROR cases, it becomes rather unsettling to discover it is easier to get out of jail than to get into it.

	Let's stop and consider why people do not post bail and allow a family member or friend to remain in jail. In many cases, the accused is unable to abide by any semblance of rules and regulations. More than anything, this is an indictment of our society's deteriorating parental skills which seems to have trouble teaching responsibility, accountability, and discipline. Instead, a family would rather have their "deadbeat" left in jail where they might learn a lesson or two as opposed to being released on bail.

	Whereas the rules and regulations for the bail bond industry have long been established, the policies and procedures for pretrial programs are still evolving. Some are fine, others lack any form of organization and enforcement. For example, the defendant should be properly interviewed prior to making a determination for their release. Quite often this is overlooked. Although there are standards to implement such programs, many are not accredited which means processing can be sloppy and inconsistent, the very stereotype of a government bureaucracy running amok. To illustrate, in Florida only five counties (out of 67) are accredited for Pretrial services (Source: Florida Accreditation). Obviously, this means people are being released who may potentially cause problems either by not appearing at trial, or causing other offenses.

	Urban areas with substantial budgets are more inclined to establish a pretrial program than a rural area who cannot afford creating additional government overhead. Even the larger metropolitan areas are having a hard time justifying it during these troubled economic times where government budgets are being slashed. The point is, it is extremely difficult, if not impossible, to realize state-wide uniformity in pretrial programs. Whereas one county may offer a credible program, a neighboring county may not.

	Pretrial advocates are moving quickly on this matter. If they have their way, bail bondsmen may go the way of the Dodo bird in as little as three years. So it becomes a matter of who the public believes can more effectively manage pretrial offenders, the government or the bail bond industry. Whereas one-side casts aspersions against bail bondsmen as more interested in a buck as opposed to the accused, the other side questions the ability of government to implement an important program to the same level of success as the bail bondsmen.

	The real issue is which system can most effectively protect the public, assure defendants will make their court appearances, help reduce jail population, and do so all at reasonable costs. So far, bail bondmen have a better track record, particularly in the area of costs which are assumed by the bail bondsmen as opposed to the taxpayer. As to the pretrial system, it is still too new, still too experimental, still unproven, and will likely result in another government bureaucracy at considerable expense. Taxpayers should question the logic of throwing the baby out with the bath water.

	Is there room for compromise? Certainly, both programs have advantages and can peacefully co-exist but the pretrial zealots seem bent on eliminating the bail bond industry and county governments are being asked to choose sides as opposed to finding ways to work together.

	"There is plenty of room for the two forms of release to coexist." - Sarasota Herald-Tribune "Sensible, cost-effective justice" February 16, 2012

	How this issue has avoided the public spotlight is insidious. While the public is distracted, the government quietly tries to expand and push private enterprises out of the way. As obscure as the bail bond industry is, it makes you wonder what else they are trying to commandeer. Fortunately, this is an election year, making it an ideal time to ask candidates their position on this subject, particularly those running for sheriff. Bottom-line, do they believe government should expand at taxpayer expense or continue to utilize bail bondsmen, a heavily regulated industry with a proven track record. Your court date is November 6th, Election Day. Be there.

	Keep the Faith!

	Permission Given: Copyright © 2012 by Tim Bryce. All rights reserved. All trademarks both marked and unmarked belong to their respective companies.
	(http://www.phmainstreet.com/timbryce.htm)

	THE NEW SENATE BILL 1820
	http://www.bailflorida.com/images/2012-01-13-SB1820revised01.pdf
	http://www.bailflorida.com/images/SenateBill1820.pdf

	Contact Mike "Big Mike" Nefzger at bailone@msn.com with any questions you may have.

	BAIL BOND AGENTS: REMINDER OF TEMPORARY AGENT MINIMUM WAGE REQUYIREMENT From “THE PULSE”
	Bail bond agents who employ temporary bail bond agents will be required to pay them at least $7.67 per hour worked effective January 1, 2012. The Florida Statutes require a temporary bail bond agent to be employed by a bail bond agent or bail bond agency under subsection 648.25(8) and subsection 648.355(1)(e), F.S.. The term "employed" makes it clear the temporary bail bond agent is covered by the state minimum wage. Section 448.110, Florida Statutes, sets the minimum amount an employer may pay their employee. Florida law requires the Florida Department of Economic Opportunity to calculate a minimum wage rate each year. Click here to read the latest notice from the Department of Economic Opportunity advising of the minimum wage in Florida as of January 1, 2012. [See 448.110, 648.25(8), and 648.355(1)(e), Florida Statutes; Rule 69B-221.051(4)(b), Florida Administrative Code]

	Florida Rules of Criminal Procedure 3.131 and 3.132 (Read Complete Article)

	Get Out of Jail Free: Taxpayer-Funded Grants Place Criminals on the Street Without Posting Bail
	For fiscal year 2012, the House Appropriations Committee recommended $357 million for the Edward Byrne Justice Assistance Grant (JAG) program (H.R. 2596). Byrne JAG grants, administered by the Bureau of Justice Assistance (BJA), can be used by state and local governments for 29 broad criminal justice purposes, including funding pretrial release services. (Read Complete Article)

	ALEC pretrial services site: A reminder to check in with and monitor ALEC site on pretrial. You might want to alert your agents about it also. Furthermore if you have interesting items for the site send them in. http://www.gettingoutofjailforfree.com To All Interested Parties: The Florida Department of Financial Services, Division of Agent & Agency Services, hereby provides notice that the amendments to Rule 69B-221.051, Florida Administrative Code, relating to bail bond forms will become effective April 18, 2011. You may access the full text of the amended rule via the following link: https://www.flrules.org/gateway/readFile.asp?sid=0&tid=9822334&type=1&file=69B-221.051.doc

	Media Alert - February 17, 2011 AIA’s Chief Legal Officer, Jerry Watson, will be interviewed on the Nationally Syndicated Lars Larson Radio Program this Thursday February 17, 2011 at 5:30 PM (PST). He will be discussing the bail bond industry and pretrial release. If you would like to hear the interview please visit the following site to check the station and time of the program in your area, http://www.larslarson.com/stationfinder. Since this is a nationally syndicated program, based on your location, the timing of the airing may vary. The complete interview will be posted on our website on Friday February 18, 2011 in case you are unable to tune in.

	The BAIL Florida will announce news that affects the bail bond industry -- an industry all Florida bail agents are all engaged in! Keep up with issues and other information by Following Us On Facebook.



	Post Conviction Bond - An Innovative Partnership with the Private Surety Bail Industry October 8, 2010
	Many states across the country are grappling with prison overcrowding and the rising cost of incarceration. As a result, convicted prisoners may be released from their sentences early and return to the public realm. Naturally, such releases raise questions regarding public safety. National studies continue to show that the private surety bail industry is the most effective and efficient method of pretrial release. That's because the industry is financially and physically responsible for defendants they release on bail and instill a network of the defendant's family and friends into the bail contract. All parties together become accountable for the defendant's appearance in court and adherence to release conditions. This same concept can be applied to supervising and being responsible for convicted prisoners released early from prison. When a prisoner is released from prison prior to the completion of their sentence, they are released on parole. Conditions of parole often include things such as obeying the law, refraining from drug and alcohol use, avoiding contact with the parolee's victims, obtaining employment, and maintaining required contacts with a parole officer. With the posting of a post conviction bond, the bail agent would work in partnership with the parole officer by financially ensuring the paroled prisoner complies with the terms of parole. The same principles as with a pretrial release bond would be in place with a post conviction bond: if the parolee fails to comply with any terms of parole, the court will order the bond forfeited and issue a warrant for arrest. The bail agent then has a certain amount of time to locate the parolee and return him/her back to the custody of the court. If the bail agent is unable to return the parolee back to the court, a financial penalty equal to the full amount of the bond would have to be paid to the court by the bail agent. National studies have shown that pretrial defendants released on private surety bail are less likely to commit crimes while out on bail. The industry believes our participation with the post conviction bond will have the same results, which is a win-win for the taxpayers and a direct affect on public safety. Some states are already allowing the use of post conviction bonds with great success. It is a great resource that the private surety bail industry can provide. We hope that other states will consider using such bonds in the future.

	Battle over bail bonds in Florida House John Frank - Herald/Times Tallahassee Bureau - April 13, 2010
	TALLAHASSEE -- A so-called ``bailout'' for the bail bond industry is dissolving into political gamesmanship as the legislation advances to the House floor. The sponsor, a future House speaker, stripped controversial language last month to disarm a skeptical panel -- but restored a similar provision Monday with the consent of friendlier lawmakers. And now a prominent bail bond business is being criticized for hosting a fundraiser for state Rep. Sandy Adams just three days after she helped pushed the bill through her committee. ``This whole thing smells,'' said Hillsborough County Sheriff's Col. Jim Previtera. The measure would eliminate pretrial release programs operated in several Florida counties by limiting eligibility only to indigent, nonviolent defendants. It also revokes a county's ability to charge a fee, with exceptions for court-ordered GPS monitoring and rehabilitation programs. BARBED EXCHANGES It's a polarizing battle, drawing barbed exchanges in hearings as the bail bond industry fights what it sees as an overzealous government competing with business. The local entities -- led by sheriffs -- contend the measure will make it harder for defendants to get out of jail and cost taxpayers millions more to house and feed inmates awaiting trial. The debate consumed the House Criminal and Civil Justice Policy Council for more than an hour before it easily won approval. It now goes to the full House but faces an uphill battle in the Senate. In advancing it, Rep. Chris Dorworth, the anointed House leader in 2014, drew criticism for his tactics. He helped add a controversial provision after previously deleting similar language in a committee where he needed the support of a Democrat, who gave it an edge, 6-5. Dorworth said the new language was a compromise that lets judges determine if a defendant is indigent and able to participate in the pretrial programs. But Rep. Perry Thurston, a Plantation Democrat, suggested it appeared disingenuous. ``I think it's potentially an attempt to do through the back door what he couldn't do through the front door,'' he said. FUNDRAISER Adams, R-Orlando, who is running for Congress, is also drawing rebukes from critics. The president and lobbyist for Accredited, a prominent Central Florida bail bond insurer, hosted a fundraiser for Adams on March 29, just days after her House criminal justice budget committee passed the bill. ``It is very clear to me that when you have special interests with influence, these influences sometimes get preference over taxpayer's interests,'' said Pinellas County Sheriff Jim Coats. Adams, a former sheriff's deputy, said she supported the bill but didn't lobby for it. She disputed the timing. ``I never thought of it that way,'' she said. ``It had no bearing.'' The event raised at least $10,000. Deborah Jallad, the Accredited president, said she is a friend of Adams and also rejected any insinuations about the close timing of the vote and the fundraiser. State law forbids lawmakers from raising campaign cash during the 60-day legislative session but provides exemptions for those running for Congress. All together, Accredited donated $15,000 to state lawmakers in the 2010 cycle and other bail bond companies added thousands more. Dorworth, the sponsor, received more than $4,000. He said it didn't influence his efforts.

How to Become a Bail Bond Agent
The 2010 Florida Statutes:
CHAPTER 648 BAIL BOND AGENTS

Bail Agents Independent League of Florida 112 E. Forsyth Street Jacksonville, FL 32202 Phone: 904.358.1905

What is the Difference Between a Professional Bail Bondsman and a Surety Bail Agent?The difference between a property bond and a surety bond is simply who is ultimately liable for paying the bond off in the event of a final judgment of forfeiture.

What is the Difference Between a Professional Bail Bondsman and a Surety Bail Agent?
The difference between a property bond and a surety bond is simply who is ultimately liable for paying the bond off in the event of a final judgment of forfeiture.