Fireline Bail Bonds v. Brock

110 So. 3d 11, 2013 WL 440050, 2013 Fla. App. LEXIS 1822
CourtDistrict Court of Appeal of Florida
DecidedFebruary 6, 2013
DocketNo. 2D12-1862
StatusPublished
Cited by1 cases

This text of 110 So. 3d 11 (Fireline Bail Bonds v. Brock) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fireline Bail Bonds v. Brock, 110 So. 3d 11, 2013 WL 440050, 2013 Fla. App. LEXIS 1822 (Fla. Ct. App. 2013).

Opinion

WALLACE, Judge.

Fireline Bail Bonds and United States Fire Insurance Company (the Surety) appeal the circuit court’s order denying their motion for remission of the forfeiture of two bail bonds. We reject the Surety’s argument that the addition of a new charge with a nonmonetary release discharged the Surety’s obligations on the two preexisting bail bonds. However, we agree with the Surety that its return of the defendant to custody within two years of the forfeiture of the bonds entitled the Surety to a partial remission of the forfeitures. Accordingly, we affirm the circuit court’s order in part and reverse it in part.

I. THE FACTUAL AND PROCEDURAL BACKGROUND

On January 17, 2008, the State filed an information charging the defendant, Da-fayon Charles, with two counts of lewd or lascivious battery, a violation of section 800.04(4)(a), Florida Statutes (2007), and a second-degree felony. The State alleged that both offenses occurred between July 15 and 16, 2007; the offenses involved the same victim and arose out of a single incident. The defendant was originally held on the charges without bond. On April 14, 2008, the circuit court set bond at $25,000 on each count. Two months later, the Surety posted two $25,000 bonds, one for each count, and the defendant was released on bond.

On February 5, 2010, the State filed an amended information against the defen[13]*13dant. The charges against the defendant in counts one and two remained unchanged. The new information added a third count charging the defendant with lewd or lascivious molestation, a violation of section 800.04(5) (c) (2), and a second-degree felony. Like the original two charges, the third charge involved the same victim and arose out of the same incident.

For the purpose of the defendant’s bond status, the State and the circuit court treated the filing of the new charge as a nonevent. Law enforcement did not take the defendant into custody on the lewd or lascivious molestation charge. On the contrary, the defendant remained at liberty. And the circuit court did not set a bond on the new charge. No one notified the Surety of the filing of a third charge against the defendant.

On February 22, 2010, the defendant appeared for trial on the original charges. At that time, the circuit court arraigned the defendant on the additional charge, and he entered a plea of not guilty. After the defendant entered his plea, the circuit court continued the case to February 24, 2010, for trial. Once again, the defendant appeared for trial as scheduled, and jury selection began. However, after the lunch recess, the defendant did not return for the continuation of the trial.

Upon the defendant’s nonappearance, the circuit court issued a capias for his arrest and sent notices of forfeiture to the Surety on both bonds. On April 26, 2010, the Surety paid the bonds in full. Later, the Surety located the defendant in Pennsylvania and recommitted him to the custody of the Collier County Sheriff on May 1, 2011.

After the Surety returned the defendant to custody, it filed a motion seeking remission of the forfeitures of the two bail bonds. Pointing to the third charge filed without notice to it, the Surety argued “that the forfeitures should be set aside and the [S]urety discharged due to the substantial alteration to the contracted bond liability and the increased risk of flight due to the increased penalty faced by the defendant.” Alternatively, the Surety sought a partial remission of the bonds “based upon the May 1, 2011[,] recommit of the defendant within two years of the forfeitures.” After a hearing, the circuit court entered an order denying the Surety’s motion on both grounds. This appeal followed.

II. THE PARTIES’ ARGUMENTS

On appeal, the Surety argues that the State’s filing of an amended information that added a third second-degree felony to the charges against the defendant substantially increased the risk that he would flee. Thus the filing of the additional charge required notice to the Surety and its agreement to remain responsible on the bonds for the defendant’s appearance. Because the State did not notify the Surety of the filing of the additional charge and because the Surety did not agree to be responsible for the defendant’s appearance under the changed circumstances, it was relieved of the obligation to produce the defendant. Accordingly, the Surety concludes, it is entitled to a full remission of both bonds under section 903.28(1), Florida Statutes (2007). Alternatively, the Surety argues that it is entitled to a partial remission of the forfeitures under section 903.28(6).

In response, Dwight Brock, as Clerk of the Circuit Court of Collier County (the Clerk),1 points out that each of the two [14]*14bonds on the original charges “is a standalone separate contract and the addition of a new charge with a nonmonetary release has no impact on the ... [Surety’s obligations under the separate bonds.”2 The Clerk supports his argument by directing our attention to the 2006 amendment adding subsection (4) to section 903.02 of the Florida Statutes.3 Section 903.02(4) provides as follows: “Any judge setting or granting monetary bail shall set a separate and specific bail amount for each charge or offense. When bail is posted, each charge or offense requires a separate bond.” Thus section 903.02(4) eliminates the use of so-called “blanket bonds” and requires a separate bond for each charge against the defendant. Before the addition of subsection (4) to section 903.02, Florida courts frequently set a single bail amount per indictment or information instead of a separate bail amount for each offense alleged within the charging instrument.4

III. DISCUSSION

“A bail bond is a three-party contract between the state, the accused, and the surety, whereby the surety guarantees [the] appearance of the accused.” Pinellas Cnty. v. Robertson, 490 So.2d 1041, 1042 (Fla. 2d DCA 1986). A suretyship contract is subject to Florida’s general laws of contract. Am. Home Assurance Co. v. Larkin Gen. Hosp., Ltd., 593 So.2d 195, 197 (Fla.1992). Therefore, a surety’s liability on a bail bond for a criminal defendant does not extend beyond the written contractual terms of the bond. Cont’l Heritage Ins. Co. v. State, 990 So.2d 610, 611 (Fla. 3d DCA 2008) (citing Midland Ins. Co. v. State, 354 So.2d 961, 962 (Fla. 3d DCA 1978)). In the Midland case, the Third District said: “Where the criminal charges are substantially changed from the charges on which the bail bond was originally written, the surety is no longer obligated under the bond.” 354 So.2d at 962. The proposition stated by the Third District in Midland stems from the commercial law regarding the liability of a surety. See Reese v. United States, 9 Wall. 13, 76 U.S. 13, 21, 19 L.Ed. 541 (1869).

An increase in the severity of a charge or charges for which a surety is already liable on an existing bond increases the surety’s risk under the bond contract. It follows that such an increase in the charge or charges without a surety’s consent alters the terms of the bond contract and discharges the surety’s obligation under the bond. See Integrity Bail Bonds v. Pinellas Cnty. Bd. of Cnty. Comm’rs, 884 So.2d 85, 87 (Fla. 2d DCA 2004) (holding that a surety was discharged where [15]

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110 So. 3d 11, 2013 WL 440050, 2013 Fla. App. LEXIS 1822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fireline-bail-bonds-v-brock-fladistctapp-2013.