Florida Bail Bonds Practice Exam

Which of the following is NOT a reason for discharging a forfeiture within 60 days?

1. Defendant voluntarily surrenders

2. Defendant is incarcerated at the time of appearance

3. Extenuating circumstances beyond the defendant's control

4. Defendant fails to pay bond

The correct answer is: Defendant fails to pay bond

Discharging a forfeiture within 60 days typically involves situations where the defendant's absence or non-compliance can be justifiably explained or excused. The correct choice emphasizes that the failure to pay the bond is not a valid reason for discharging a forfeiture. In fact, if a defendant fails to meet financial obligations related to the bond, this indicates non-compliance and is considered a reason for maintaining the forfeiture, thereby reinforcing the obligation that the defendant has under the bail conditions. On the other hand, the other options illustrate legitimate circumstances where a forfeiture can be excused, such as when a defendant voluntarily surrenders, which shows a willingness to comply with the judicial process. Additionally, if a defendant is incarcerated at the time of their scheduled court appearance, this could affect their ability to appear and serves as a valid reason for their absence. Extenuating circumstances beyond the defendant's control, such as medical emergencies or other serious situations, also provide justification for their inability to appear in court, meriting a potential discharge of forfeiture.