Florida Senate - 2014                                     SB 854
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-00807-14                                            2014854__
    1                        A bill to be entitled                      
    2         An act relating to bail bonds; amending s. 648.25,
    3         F.S.; defining and redefining terms; amending s.
    4         648.30, F.S.; prohibiting a person from transmitting
    5         or posting an electronic bond with attached power of
    6         attorney unless he or she is duly qualified, licensed,
    7         appointed, and registered as a bail bond agent;
    8         amending s. 648.42, F.S.; authorizing a duly
    9         qualified, licensed, appointed, and registered bail
   10         bond agent to transmit electronic bonds within the
   11         judicial circuit in which the bail bond agency is
   12         located under certain circumstances; amending s.
   13         648.43, F.S.; requiring the Department of Financial
   14         Services to approve a sample electronic power of
   15         attorney form; amending s. 648.44, F.S.; prohibiting a
   16         bail bond agent or temporary bail bond agent from
   17         transmitting or posting an electronic bond with
   18         attached power of attorney under certain
   19         circumstances; prohibiting a bail bond agent from
   20         authorizing another person to countersign his or her
   21         name to a bond or power of attorney; prohibiting a
   22         bail bond agent from facilitating or allowing an
   23         unlicensed person or a person without proper
   24         appointment to transmit or post electronic bonds;
   25         providing a criminal penalty; amending s. 648.441,
   26         F.S.; prohibiting an insurer or managing general agent
   27         from furnishing an unlicensed individual or entity a
   28         form necessary for transmitting or posting electronic
   29         bonds; amending s. 903.09, F.S.; revising requirements
   30         for a bail bond agent to justify his or her suretyship
   31         to include electronic bonds; amending s. 903.101,
   32         F.S.; authorizing a qualified, licensed, appointed,
   33         and registered bail bond agent to transmit or post
   34         electronic bonds within the judicial circuit in which
   35         the bail bond agency is located under certain
   36         circumstances; amending s. 903.33, F.S.; providing
   37         that electronic bonds are considered original
   38         documents; amending s. 903.34, F.S.; providing
   39         requirements for bond, posted in person or initiated
   40         electronically, to be approved by a committing trial
   41         court judge or the sheriff; providing an effective
   42         date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Section 648.25, Florida Statutes, is reordered
   47  and amended to read:
   48         648.25 Definitions.—As used in this chapter, the term:
   49         (1) “Bail bond agency” means:
   50         (a) The building where a licensee maintains an office and
   51  where all records required by ss. 648.34 and 648.36 are
   52  maintained; or
   53         (b) An entity that:
   54         1. Charges a fee or premium to release an accused defendant
   55  or detainee from jail; or
   56         2. Engages in or employs others to engage in any activity
   57  that may be performed only by a licensed and appointed bail bond
   58  agent; or.
   59         (c) An entity that is physically located in a judicial
   60  circuit and that transmits electronic bonds. Such bonds may only
   61  be transmitted to a jail that is located in the same judicial
   62  circuit as the agency.
   63         (2) “Bail bond agent” means a limited surety agent or a
   64  professional bail bond agent as hereafter defined.
   65         (3) “Delivery” means:
   66         (a) Hand delivering a bond with attached power of attorney;
   67  or
   68         (b) Electronic transmission of a bond with attached power
   69  of attorney.
   70         (4) “Electronic bond” means a bond that is:
   71         (a) Transmitted or posted electronically with attached
   72  power of attorney by delivery to a jail or place where a
   73  defendant is being held using a delivery method other than hand
   74  delivering the executed power of attorney and completed bond
   75  form to the facility;
   76         (b) Originated through the surety company guaranteeing its
   77  undertaking which is admitted to and authorized by this state
   78  and which possesses a certificate of authority to underwrite
   79  bail bonds in this state; and
   80         (c) Filed using a computer program to transmit information
   81  electronically to another party.
   82         (7)(3) “Managing general agent” means an any individual,
   83  partnership, association, or corporation appointed or employed
   84  by an insurer to supervise or manage the bail bond business
   85  written in this state by limited surety agents appointed by the
   86  insurer.
   87         (5)(4) “Insurer” means a any domestic, foreign, or alien
   88  surety company which has been authorized to transact surety
   89  business in this state.
   90         (6)(5) “Limited surety agent” means an any individual
   91  appointed by an insurer by power of attorney to execute or
   92  countersign bail bonds in connection with judicial proceedings
   93  and who receives or is promised money or other things of value
   94  therefor.
   95         (8)(6) “Primary bail bond agent” means a licensed bail bond
   96  agent who is responsible for the overall operation and
   97  management of a bail bond agency location and whose
   98  responsibilities include hiring and supervising all individuals
   99  within that location. A bail bond agent may be designated as
  100  primary bail bond agent for no more than only one bail bond
  101  agency location.
  102         (9)(7) “Professional bail bond agent” means a any person
  103  who pledges United States currency, United States postal money
  104  orders, or cashier’s checks as security for a bail bond in
  105  connection with a judicial proceeding and receives or is
  106  promised therefor money or other things of value therefor.
  107         (10) “Surety” means a property and casualty insurance
  108  company holding a certificate of authority to transact surety
  109  business in this state.
  110         (11)(8) “Temporary bail bond agent” or “temporary licensee”
  111  means a person employed by a bail bond agent or agency, insurer,
  112  or managing general agent, and such licensee has the same
  113  authority as a licensed bail bond agent, including presenting
  114  defendants in court; apprehending, arresting, and surrendering
  115  defendants to the proper authorities, while accompanied by a
  116  supervising bail bond agent or an agent from the same bail bond
  117  agency; and keeping defendants under necessary surveillance.
  118  However, a temporary bail bond agent or temporary licensee may
  119  not execute or sign bonds, handle collateral receipts, or
  120  deliver bonds to appropriate authorities. A temporary bail bond
  121  agent or temporary licensee may not operate an agency or branch
  122  agency separate from the location of the supervising bail bond
  123  agent, managing general agent, or insurer by whom the temporary
  124  bail bond agent or temporary licensee is employed. This does not
  125  affect the right of a bail bond agent or insurer to hire counsel
  126  or to obtain the assistance of law enforcement officers.
  127         Section 2. Section 648.30, Florida Statutes, is amended to
  128  read:
  129         648.30 Licensure and appointment required.—
  130         (1) A person may not act in the capacity of a bail bond
  131  agent or temporary bail bond agent or perform any of the
  132  functions, duties, or powers prescribed for bail bond agents or
  133  temporary bail bond agents under this chapter unless that person
  134  is qualified, licensed, and appointed as provided in this
  135  chapter.
  136         (2) A person may not represent himself or herself to be a
  137  bail enforcement agent, bounty hunter, or other similar title in
  138  this state.
  139         (3) A person, other than a certified law enforcement
  140  officer, may not apprehend, detain, or arrest a principal on a
  141  bond, wherever issued, unless that person is qualified,
  142  licensed, and appointed as provided in this chapter or licensed
  143  as a bail bond agent or bail bond enforcement agent, or holds an
  144  equivalent license by the state where the bond was written.
  145         (4) A person may not transmit or post an electronic bond
  146  with attached power of attorney unless that person is qualified,
  147  licensed, appointed, and registered as a bail bond agent as
  148  provided in this chapter.
  149         (5)(4)A Any person who violates this section commits a
  150  felony of the third degree, punishable as provided in s.
  151  775.082, s. 775.083, or s. 775.084.
  152         Section 3. Section 648.42, Florida Statutes, is amended to
  153  read:
  154         648.42 Registration of bail bond agents.—
  155         (1) A bail bond agent may not become a surety on an
  156  undertaking unless he or she has registered in the office of the
  157  sheriff and with the clerk of the circuit court in the county in
  158  which the bail bond agent resides. The bail bond agent may
  159  register in a like manner in any other county. A, and any bail
  160  bond agent shall file a certified copy of his or her appointment
  161  by power of attorney from each insurer that which he or she
  162  represents as a bail bond agent with each of such officers.
  163  Registration and filing of a certified copy of renewed power of
  164  attorney shall be performed by April 1 of each odd-numbered
  165  year. The clerk of the circuit court and the sheriff may shall
  166  not permit the registration of a bail bond agent unless such
  167  bail bond agent is currently licensed and appointed by the
  168  department. Nothing in This section does not shall prevent the
  169  registration of a temporary licensee at the jail for the
  170  purposes of enabling the licensee to perform the duties under
  171  such license as described set forth in this chapter.
  172         (2) A duly qualified, licensed, appointed, and registered
  173  bail bond agent may transmit or post electronic bonds in the
  174  judicial circuit in which the bail bond agency is located if the
  175  sheriff agrees to accept such electronic bonds.
  176         Section 4. Subsection (1) of section 648.43, Florida
  177  Statutes, is amended to read:
  178         648.43 Power of attorney; to be approved by department;
  179  filing of copies; notification of transfer bond.—
  180         (1) Every insurer engaged in the writing of bail bonds
  181  through bail bond agents in this state shall submit to and have
  182  approved by the department a sample powers power of attorney,
  183  including an electronic power of attorney to be attached to an
  184  electronic bond, which will be the only forms form of powers
  185  power of attorney the insurer will issue to bail bond agents in
  186  this state.
  187         Section 5. Paragraph (q) is added to subsection (1) of
  188  section 648.44, Florida Statutes, and subsection (3) and
  189  paragraph (a) of subsection (9) of that section are amended, to
  190  read:
  191         648.44 Prohibitions; penalty.—
  192         (1) A bail bond agent or temporary bail bond agent may not:
  193         (q) Transmit or post an electronic bond with attached power
  194  of attorney unless he or she:
  195         1. Is duly qualified, licensed, appointed, and registered
  196  as a bail bond agent as provided in this chapter;
  197         2. Is registered in the county within the judicial circuit;
  198  and
  199         3. Has a bail bond agency physically located in the
  200  judicial circuit in which the electronic bond is being
  201  transmitted.
  202         (3) A bail bond agent may not:
  203         (a) Sign or countersign in blank any bond or otherwise
  204  authorize another person to countersign his or her name to a
  205  bond or, give a power of attorney to, or otherwise authorize,
  206  anyone to countersign his or her name to bonds unless the person
  207  so authorized is a licensed and appointed bail bond agent
  208  directly employed by the bail bond agent giving such power of
  209  attorney.
  210         (b) Facilitate or allow an unlicensed person or a person
  211  without a proper appointment to transmit or post an electronic
  212  bond.
  213         (9)(a) A Any person who violates any provisions of
  214  paragraph (1)(e), paragraph (1)(f), paragraph (1)(g), paragraph
  215  (1)(j), or paragraph (1)(n), paragraph (1)(q), or subsection (2)
  216  commits a felony of the third degree, punishable as provided in
  217  s. 775.082, s. 775.083, or s. 775.084.
  218         Section 6. Section 648.441, Florida Statutes, is amended to
  219  read:
  220         648.441 Furnishing supplies to unlicensed bail bond agent
  221  prohibited; civil liability and penalty.—
  222         (1) An insurer, managing general agent, bail bond agent, or
  223  temporary bail bond agent appointed under this chapter may not
  224  furnish to any person any blank forms, applications, stationery,
  225  business card, or other supplies to be used in soliciting,
  226  negotiating, or effecting bail bonds until such person has
  227  received from the department a license to act as a bail bond
  228  agent and is appointed by the insurer. This section does not
  229  prohibit an unlicensed employee, under the direct supervision
  230  and control of a licensed and appointed bail bond agent, from
  231  possessing or executing in the bail bond agency, any forms,
  232  except for powers of attorney, bond forms, and collateral
  233  receipts, while acting within the scope of his or her
  234  employment.
  235         (2) An insurer or managing general agent may not furnish to
  236  an unlicensed individual or entity any form necessary for the
  237  transmittal or posting of electronic bonds.
  238         (3)(2)An Any insurer, licensee, or appointee who furnishes
  239  to any bail bond agent or other person not named or appointed by
  240  the insurer represented any of the supplies specified mentioned
  241  in subsection (1) and accepts any bail bond business from or
  242  writes any bail bond business for such bail bond agent, person,
  243  or agency is subject to civil liability to any insured of such
  244  insurer or indemnitor to the same extent and in the same manner
  245  as if such bail bond agent or other person had been appointed or
  246  authorized by the insurer, managing general agent, or bail bond
  247  agent to act in its or his or her behalf by the department.
  248         (4)(3)A Any person who violates this section commits a
  249  misdemeanor of the first degree, punishable as provided in s.
  250  775.082 or s. 775.083, except that the violator is subject to a
  251  fine of up to not to exceed $5,000 in addition to, or in lieu
  252  of, any term of imprisonment.
  253         Section 7. Section 903.09, Florida Statutes, is amended to
  254  read:
  255         903.09 Justification of sureties.—
  256         (1) A surety shall execute an affidavit stating that she or
  257  he possesses the qualifications and net worth required to become
  258  a surety. The affidavit shall describe the surety’s property and
  259  any encumbrances and shall state the number and amount of any
  260  bonds entered into by the surety at any court that remain
  261  undischarged.
  262         (2) A bail bond agent, as defined in s. 648.25(2), shall
  263  justify her or his suretyship by any of the following:
  264         (a) Attaching the original a copy of the power of attorney
  265  issued by the company bearing an original signature of a duly
  266  qualified, licensed, appointed, and registered bail bond agent
  267  to the bond or by attaching to the bond United States currency,
  268  a United States postal money order, or a cashier’s check in the
  269  amount of the bond; but the United States currency, United
  270  States postal money order, or cashier’s check cannot be used to
  271  secure more than one bond. Nothing herein shall prohibit two or
  272  more qualified sureties from each posting any portion of a bond
  273  amount, and being liable for only that amount, so long as the
  274  total posted by all cosureties is equal to the amount of bond
  275  required.
  276         (b) Transmitting or posting electronic bonds from the
  277  surety company of the executed power of attorney, if allowed by
  278  the sheriff.
  279         (c) Attaching to the bond United States currency, a United
  280  States postal money order, or a cashier’s check in the amount of
  281  the bond; however, the United States currency, United States
  282  postal money order, or cashier’s check may not be used to secure
  283  more than one bond.
  284         (3) This section does not prohibit two or more qualified
  285  sureties from each posting any portion of a bond amount and
  286  being liable for only that amount, so long as the total posted
  287  by all cosureties is equal to the amount of bond required.
  288         Section 8. Section 903.101, Florida Statutes, is amended to
  289  read:
  290         903.101 Sureties; licensed persons; to have equal access.
  291  Subject to rules adopted by the Department of Financial Services
  292  and by the Financial Services Commission, each every surety who
  293  meets the requirements of ss. 903.05, 903.06, 903.08, and
  294  903.09, and each every person who is currently licensed by the
  295  Department of Financial Services and registered as required by
  296  s. 648.42 shall have equal access to the jails of this state for
  297  the purpose of making bonds. A duly qualified, licensed,
  298  appointed, and registered bail bond agent may transmit or post
  299  electronic bonds in the judicial circuit in which the bail bond
  300  agency is located if the sheriff agrees to accept such
  301  electronic bonds.
  302         Section 9. Section 903.33, Florida Statutes, is amended to
  303  read:
  304         903.33 Bail not discharged for certain defects.—The
  305  liability of a surety is shall not be affected by his or her
  306  lack of any qualifications required by law, any agreement not
  307  expressed in the undertakings, or the failure of the defendant
  308  to join in the bond. An electronic bond is considered an
  309  original document and may not be discharged as expressed above.
  310         Section 10. Section 903.34, Florida Statutes, is amended to
  311  read:
  312         903.34 Who may admit to bail.—
  313         (1) In criminal actions instituted or pending in a any
  314  state court, bonds given by defendants before trial until appeal
  315  shall be approved by a committing trial court judge or the
  316  sheriff. The bond must:
  317         (a) Be posted in person by a duly qualified, licensed,
  318  appointed, and registered bail bond agent pursuant to s. 648.42
  319  by attaching to the bond a power of attorney in a form approved
  320  by the Department of Financial Services and issued by a
  321  qualified surety insurance company for whom a certificate of
  322  authority has been issued by the Department of Financial
  323  Services; or
  324         (b) Be transmitted and posted as an electronic bond as
  325  defined in s. 648.25 by a duly qualified, licensed, appointed,
  326  and registered bail bond agent pursuant to s. 648.42. The
  327  transmittal or posting of an electronic bond must originate
  328  through the surety company guaranteeing its undertaking. The
  329  surety company must electronically transmit the bond and power
  330  of attorney on forms approved by the Department of Financial
  331  Services for the qualified surety insurance company for whom a
  332  certificate of authority has been issued by the Department of
  333  Financial Services, and:
  334         1. The sheriff must agree to accept the transmittal and
  335  posting of an electronic bond and attached power of attorney;
  336  and
  337         2. The transmittal and posting of an electronic bond and
  338  attached power of attorney must be originated by a duly
  339  qualified, licensed, appointed, and registered bail bond agent
  340  whose office and agency is physically located in the county
  341  where the bond is to be posted.
  342         (2) Appeal bonds shall be approved as provided in s.
  343  924.15.
  344         Section 11. This act shall take effect July 1, 2014.