The Florida Senate

648.571  Failure to return collateral; penalty.--A bail bond agent who has taken collateral or an insurer or managing general agent who holds collateral as security for a bail bond shall, upon demand, make a written request for a discharge of the bond to be delivered to the surety or the agent of the surety. If a discharge is provided to the surety or the agent of the surety pursuant to chapter 903, the collateral shall be returned to the indemnitor within 21 days of said discharge being provided. Upon demand, following the written request for discharge and upon diligent inquiry by the surety or the agent of the surety to determine that the bond has been discharged, failure of the court to provide a written discharge to the surety or the agent of the surety pursuant to chapter 903 within 7 days, shall cause the cancellation of the bond by operation of law and collateral shall be returned to the indemnitor within 21 days of the written request for discharge. Fees or other charges of any nature other than as outlined in this chapter or by rule of the department may not be deducted from the collateral due. However, allowable expenses incurred in the apprehension of the defendant because of a forfeiture of bond or judgment under s. 903.29 may be deducted if such expenses are accounted for. Failure to return collateral under these terms shall be punishable:

(1)  In the event the collateral is of a value of less than $100, as provided in s. 775.082(4)(a).

(2)  In the event the collateral is of a value of $100 or more, as provided in s. 775.082(3)(d).

(3)  In the event the collateral is of a value of $1,500 or more, as provided in s. 775.082(3)(c).

(4)  In the event the collateral is of a value of $10,000 or more, as provided in s. 775.082(3)(b).

History.--ss. 36, 72, ch. 82-175; ss. 50, 51, ch. 84-103; s. 5, ch. 87-321; ss. 43, 46, 47, ch. 90-131; s. 4, ch. 91-429; s. 41, ch. 96-372.