Florida Senate - 2012                                    SB 1820
       
       
       
       By Senator Latvala
       
       
       
       
       16-00469B-12                                          20121820__
    1                        A bill to be entitled                      
    2         An act relating to bail bond agencies and agents;
    3         amending s. 648.25, F.S.; revising and providing
    4         definitions; amending s. 648.27, F.S.; requiring law
    5         enforcement agencies to provide information to the
    6         Department of Financial Services relating to criminal
    7         charges filed against licensees under certain
    8         circumstances; providing for the expiration of a
    9         temporary bail bond agent’s license; limiting
   10         eligibility for reissuance of a temporary bail bond
   11         agent’s license after expiration, suspension,
   12         revocation, or termination of the license; revising
   13         requirements relating to licensure and appointment of
   14         a managing general agent; increasing the delinquent
   15         fee applicable to an appointing entity’s failure to
   16         timely notify the department of an appointment;
   17         authorizing the department to adopt rules; amending s.
   18         648.285, F.S.; requiring prior licensure and
   19         appointment as a bail bond agent for a specified
   20         period before a person or entity may engage in certain
   21         activities relating to a bail bond agency; requiring
   22         the appointment of a primary bail bond agent in charge
   23         under certain circumstances; amending s. 648.29, F.S.;
   24         providing requirements relating to the posting of
   25         build-up funds by a bail bond agent or agency;
   26         providing a fine for failure to furnish a statement
   27         relating to build-up accounts; authorizing the
   28         department and the Office of Insurance Regulation to
   29         adopt rules; amending s. 648.295, F.S.; providing
   30         requirements relating to reporting, accounting for,
   31         and paying certain funds to specified persons;
   32         providing conditions and requirements relating to the
   33         payment of bail bond premiums; providing criminal and
   34         administrative penalties for failing to comply with
   35         requirements relating to the collection of premiums;
   36         amending s. 648.30, F.S.; providing licensure
   37         requirements relating to the apprehension, detention,
   38         or arrest of principals on bond; prohibiting a bail
   39         bond agent from aiding or abetting an unlicensed
   40         person to engage in certain actions relating to
   41         apprehending, detaining, or arresting a defendant;
   42         providing criminal penalties; amending s. 648.33,
   43         F.S.; authorizing the department and the office to
   44         adopt rules relating to bail bond rates; amending
   45         648.34, F.S.; requiring licensed bail bond agents to
   46         submit fingerprints to the department upon request;
   47         amending s. 648.355, F.S.; revising requirements
   48         relating to applicants and applications for certain
   49         temporary licenses; specifying requirements relating
   50         to the supervision and appointment of certain
   51         temporary licensees; requiring that temporary bail
   52         bond agents and supervising bail bond agents certify
   53         monthly information relating to the names and hours
   54         worked by temporary bail bond agents; providing
   55         administrative fines for the untimely filing of such
   56         certifications or the filing of false certifications;
   57         requiring the payment of wages to temporary bail bond
   58         agents and the reporting of such wages under ch. 443,
   59         F.S., relating to unemployment compensation;
   60         prohibiting a temporary bail bond agent whose license
   61         has expired from engaging in certain activities
   62         without having passed a written examination for
   63         specified types of licenses; providing a condition
   64         under which a temporary license may not be issued;
   65         providing criminal penalties; authorizing a temporary
   66         licensee to accept outstanding premium payments under
   67         certain circumstances; authorizing the department to
   68         adopt rules; creating s. 648.375, F.S.; authorizing
   69         the department to require limited surety agents to
   70         file certain affidavits that include specified
   71         information relating to outstanding bail bond
   72         judgments; specifying that a limited surety agent’s
   73         failure to timely file the required affidavit is
   74         grounds for an insurer to terminate the agent’s
   75         appointment; amending s. 648.382, F.S.; providing
   76         requirements relating to the payment of outstanding
   77         premiums or losses or the fulfillment of contractual
   78         obligations; increasing the administrative fine
   79         applicable to an appointing entity’s failure to timely
   80         notify the department of an appointment; revising the
   81         time within which such notice must be submitted;
   82         amending s. 648.385, F.S.; revising requirements for
   83         continuing education; authorizing online courses;
   84         amending s. 648.386, F.S.; revising criteria for
   85         approval and certification of an entity as an approved
   86         limited surety agent and professional bail bond agent
   87         continuing education school; authorizing the
   88         department to deny continuing education credit to
   89         licensees if certain materials used to present the
   90         course have not been approved; revising duties of
   91         supervising instructors; amending s. 648.387, F.S.;
   92         requiring bail bond agencies to designate a primary
   93         bail bond agent in charge at each location; providing
   94         duties and requirements of a designated agent in
   95         charge; authorizing a bail bond agency or the primary
   96         bail bond agent in charge to require employees and
   97         applicants for employment to submit to annual
   98         background and criminal history checks; requiring the
   99         department to adopt rules; amending s. 648.388, F.S.;
  100         revising provisions relating to the appointment,
  101         duties, and responsibilities of a managing general
  102         agent; authorizing certain records to be maintained
  103         electronically; providing procedures and requirements
  104         for the submission of affidavits, notices, and
  105         documents by proposed appointees and insurers relating
  106         to the satisfaction of outstanding premiums, losses,
  107         or other contractual obligations; requiring proposed
  108         appointees and appointing insurers to provide any
  109         information reasonably requested by the department;
  110         requiring certain certifications to the department by
  111         an insurer; providing construction; requiring an
  112         appointing insurer to advise the department under
  113         certain circumstances about certain criminal legal
  114         actions involving a managing general agent appointee;
  115         amending s. 648.39, F.S.; specifying that a bail bond
  116         agent or managing general agent whose appointment has
  117         been terminated by an insurer remains accountable for
  118         liabilities relating to bonds written by such agent;
  119         creating s. 648.415, F.S.; requiring the department to
  120         adopt rules relating to provisions of ch. 648, F.S.,
  121         regulating certain appointments and termination of
  122         appointments; amending s. 648.42, F.S.; providing
  123         requirements for the registration of bail bond agents
  124         and agencies with the office of the sheriff and the
  125         clerk of the circuit court; amending s. 648.421, F.S.;
  126         providing requirements for notice of change of
  127         address, telephone number, or e-mail address;
  128         authorizing electronic submission of specified changes
  129         through the department’s website; authorizing the
  130         department to adopt rules; amending s. 648.43, F.S.;
  131         requiring insurers to obtain approval of forms of
  132         power of attorney from the office; requiring certain
  133         information to be legibly printed on the original and
  134         copies of a transfer bond; authorizing the department
  135         and the office to adopt rules; amending s. 648.44,
  136         F.S.; revising provisions prohibiting bail bond agents
  137         and temporary bail bond agents from engaging in
  138         certain conduct relating to legal representation,
  139         solicitation of business, advertising, collection of
  140         debt, dealing generally with bail bond matters, paying
  141         fees or rebates to inmates, acting as professional
  142         bail bond agents without being licensed, and charging
  143         travel fees for certain bail bond undertakings and
  144         postings; requiring the return of premiums on bonds
  145         that are not executed; requiring advertising to
  146         include the license number of the bail bond agent;
  147         providing penalties; authorizing the department to
  148         adopt rules; amending s. 648.442, F.S.; revising
  149         requirements for the return of collateral security
  150         under certain circumstances; amending s. 648.45, F.S.;
  151         providing additional circumstances under which the
  152         department may deny, suspend, revoke, or refuse to
  153         renew any license or appointment; providing penalties;
  154         authorizing the department to adopt rules; amending s.
  155         648.52, F.S.; increasing the authorized monetary
  156         amount of a certain administrative penalty; amending
  157         s. 648.525, F.S.; increasing the monetary amount of a
  158         civil assessment applicable to improper solicitation;
  159         amending s. 648.55, F.S.; specifying responsibilities
  160         of an agent in charge relating to the identity and
  161         appointment of bail bond agents; amending s. 648.571,
  162         F.S.; prohibiting a bail bond agent from imposing
  163         certain restrictions on the return of collateral;
  164         increasing the administrative fine applicable to
  165         violations involving the return of collateral;
  166         amending s. 903.09, F.S.; conforming a cross
  167         reference; providing an effective date.
  168  
  169  Be It Enacted by the Legislature of the State of Florida:
  170  
  171         Section 1. Section 648.25, Florida Statutes, is amended to
  172  read:
  173         648.25 Definitions.—As used in this chapter, the term:
  174         (1) “Agent in charge” means a licensed and appointed bail
  175  bond agent who is responsible for the overall operation and
  176  management of a bail bond agency location and whose
  177  responsibilities include hiring and supervising all individuals
  178  within that location. A bail bond agent may be designated as
  179  agent in charge for only one bail bond agency at a single agency
  180  location.
  181         (2)(1) “Bail bond agency” means:
  182         (a) The building where a licensee maintains an office and
  183  where all records required by ss. 648.34 and 648.36 are
  184  maintained; or
  185         (b) An entity that:
  186         1. Charges a fee or premium to release an accused defendant
  187  or detainee from jail; or
  188         2. Engages in or employs others to engage in any activity
  189  that may be performed only by a licensed and appointed bail bond
  190  agent.
  191         (3)(2) “Bail bond agent” means a limited surety agent or a
  192  professional bail bond agent as hereafter defined.
  193         (4) “Electronic media” means any audio, video, Internet, or
  194  government-funded media.
  195         (5)(3) “Managing general agent” means any individual,
  196  partnership, association, or corporation appointed or employed
  197  by an insurer to supervise or manage the bail bond business
  198  written in this state by limited surety agents appointed by the
  199  insurer.
  200         (6)(4) “Insurer” means any domestic, foreign, or alien
  201  surety company which has been authorized to transact surety
  202  business in this state.
  203         (7)(5) “Limited surety agent” means any individual
  204  appointed by an insurer and the department by power of attorney
  205  to execute or countersign bail bonds in connection with judicial
  206  proceedings who receives or is promised money or other things of
  207  value therefor.
  208         (6) “Primary bail bond agent” means a licensed bail bond
  209  agent who is responsible for the overall operation and
  210  management of a bail bond agency location and whose
  211  responsibilities include hiring and supervising all individuals
  212  within that location. A bail bond agent may be designated as
  213  primary bail bond agent for only one bail bond agency location.
  214         (8)(7) “Professional bail bond agent” means any person who
  215  pledges United States currency, United States postal money
  216  orders, or cashier’s checks as security for a bail bond in
  217  connection with a judicial proceeding and receives or is
  218  promised therefor money or other things of value.
  219         (9) “State association” means a statewide association of
  220  bail bond agents which is duly incorporated as a not-for-profit
  221  corporation in this state and has:
  222         (a) Been incorporated as a not-for-profit corporation in
  223  this state for at least 10 years, as evidenced by a certificate
  224  of status issued by the Department of State under s. 617.0128;
  225         (b) Held at least two meetings in this state each year
  226  during each of the previous 10 years;
  227         (c) Kept minutes of the association’s meetings; and
  228         (d) Opened and maintained bank accounts in the
  229  association’s name.
  230         (10) “Supervising bail bond agent” means a licensed and
  231  appointed bail bond agent who appoints and supervises the work
  232  of a temporary bail bond agent and is responsible for the
  233  temporary bail bond agent’s conduct in the bail bond business.
  234         (11) “Surety” means any domestic, foreign, or alien surety
  235  company that has been authorized to transact limited surety
  236  business in this state and issued a certificate of authority
  237  under s. 624.413.
  238         (12)(8) “Temporary bail bond agent” means a person employed
  239  by a bail bond agent or agency, insurer, or managing general
  240  agent, and such licensee has the same authority as a licensed
  241  bail bond agent, including presenting defendants in court;
  242  apprehending, arresting, and surrendering defendants to the
  243  proper authorities, while accompanied by a supervising bail bond
  244  agent or an agent from the same agency; and keeping defendants
  245  under necessary surveillance. However, a temporary licensee may
  246  not execute or sign bonds, handle collateral receipts, or
  247  deliver bonds to appropriate authorities. A temporary licensee
  248  may not operate an agency or branch agency separate from the
  249  location of the supervising bail bond agent, managing general
  250  agent, or insurer by whom the licensee is employed. This does
  251  not affect the right of a bail bond agent or insurer to hire
  252  counsel or to obtain the assistance of law enforcement officers.
  253         Section 2. Subsection (3), paragraph (b) of subsection (5),
  254  and subsections (8) and (9) of section 648.27, Florida Statutes,
  255  are amended, and subsection (10) is added to that section, to
  256  read:
  257         648.27 Licenses and appointments; general.—
  258         (3) The department may propound any reasonable
  259  interrogatories to an applicant for a license or appointment
  260  under this chapter or on any renewal thereof, relating to his or
  261  her qualifications, residence, prospective place of business,
  262  and any other matters that which are deemed necessary or
  263  expedient in order to protect the public and ascertain the
  264  qualifications of the applicant. The department may also conduct
  265  any reasonable inquiry or investigation it sees fit, relative to
  266  the determination of the applicant’s fitness to be licensed or
  267  appointed or to continue to be licensed or appointed. Upon the
  268  request of the department, a law enforcement agency shall inform
  269  the department of any specific criminal charge filed against any
  270  applicant or licensee and the final disposition of such charge.
  271         (5)
  272         (b) The license of a temporary bail bond agent expires 18
  273  months after being issued or when shall continue in force until
  274  suspended, revoked, or otherwise terminated, whichever occurs
  275  earlier. An individual whose temporary bail bond agent license
  276  expires or is suspended, revoked, or otherwise terminated may
  277  not be issued another temporary bail bond agent license within 2
  278  years after the date of expiration, suspension, revocation, or
  279  termination of the temporary license.
  280         (8) An application for a managing general agent’s license
  281  must be made by an insurer who proposes to employ or appoint an
  282  individual, partnership, association, or corporation as a
  283  managing general agent. Such application shall contain the
  284  information required by s. 626.744, and the applicant shall pay
  285  the same fee as a managing general agent licensed pursuant to
  286  that section. An individual who is a managing general agent must
  287  also be licensed and appointed as a bail bond agent at all times
  288  during licensure as a managing general agent. In the case of an
  289  entity, every at least one owner, officer, or director at each
  290  office location must be licensed and appointed as a bail bond
  291  agent.
  292         (9) If, upon application for an appointment and such
  293  investigation as the department may make, it appears to the
  294  department that an individual licensee has been actively engaged
  295  or is currently actively engaged in bail bond activities without
  296  being appointed as required, the department may, if it finds
  297  that such failure to be appointed is an error on the part of the
  298  insurer or employer so represented, issue or authorize the
  299  issuance of the appointment as applied for, but subject to the
  300  condition that, before the appointment is issued, all fees and
  301  taxes which would have been due had the applicant been so
  302  appointed during such current and prior periods, together with a
  303  continuation fee for such current and prior terms of
  304  appointment, shall be paid to the department. Failure to notify
  305  the department within the required time period shall result in
  306  the appointing entity being assessed a delinquent fee of not
  307  less than $1,000 $250. Delinquent fees shall be paid by the
  308  appointing entity and may shall not be charged to the appointee.
  309         (10) The department may adopt rules pursuant to ss.
  310  120.536(1) and 120.54 to administer and enforce this section.
  311         Section 3. Subsections (1) and (2) of section 648.285,
  312  Florida Statutes, are amended to read:
  313         648.285 Bond agency; ownership requirements.—
  314         (1) A person or entity may not own, control, or otherwise
  315  have a pecuniary interest in, or manage a bail bond agency
  316  unless the person or entity has been such individual is a
  317  licensed and appointed bail bond agent for at least 3 years. Any
  318  bail bond agency that is not in compliance with this subsection
  319  is shall be subject to the issuance of an immediate final order
  320  of suspension of all operations until the agency achieves
  321  compliance.
  322         (2) If the owner of a bail bond agency dies or becomes
  323  mentally incapacitated, a personal representative or legal
  324  guardian may be issued a temporary permit to manage the affairs
  325  of the bail bond agency. Such person must appoint or maintain
  326  the appointment of a primary bail bond agent in charge, as
  327  provided in s. 648.387, and may not engage in any activities as
  328  a licensed bail bond agent but must comply with s. 648.387
  329  during the administration of the estate or guardianship. A
  330  temporary permit is valid for a maximum of 24 months.
  331         Section 4. Subsections (1), (3), and (4) of section 648.29,
  332  Florida Statutes, are amended, and subsection (6) is added to
  333  that section, to read:
  334         648.29 Build-up funds posted by bail bond agent.—
  335         (1) All build-up funds pledged to indemnify an insurer
  336  which are posted by a bail bond agent or agency with the insurer
  337  must be held in an individual build-up trust account for the
  338  agent or agency in an FDIC-approved or FSLIC-approved bank or
  339  savings and loan association in this state, jointly in the name
  340  of the agent or agency and the insurer or in trust for the agent
  341  or agency by the insurer. Such account must remain open to
  342  inspection and examination by the department and the office at
  343  all times. An accounting of all such funds shall be maintained
  344  which designates the amounts collected on each bond written.
  345         (3) Build-up funds are maintained as a trust fund created
  346  on behalf of a bail bond agent or agency, held by the insurer in
  347  a fiduciary capacity to be used to indemnify the insurer for
  348  losses and any other agreed-upon costs related to a bail bond
  349  executed by the agent. The build-up funds are the sole property
  350  of the agent or agency. Upon termination of the bail bond agency
  351  or agent’s contract and discharge of open bond liabilities on
  352  the bonds written, with no pending litigation involving the
  353  bonds, build-up funds are due and payable to the bail bond agent
  354  or agency not later than 6 months after final discharge of the
  355  open bond liabilities. A partial release of funds that exceed
  356  the open liability may be released earlier.
  357         (4) Each insurer authorized to write bail bonds in this
  358  state and each managing general agent must furnish to the office
  359  department a certified copy of a statement listing each build-up
  360  trust account and the balance therein or a written attestation
  361  that the company does not maintain build-up accounts. Any
  362  insurer that fails to furnish the statement required under this
  363  subsection by March 1 of each year is subject to a fine of up to
  364  $1,000 per agent each month until the office receives the
  365  required statement.
  366         (6) The department and the office may adopt rules pursuant
  367  to ss. 120.536(1) and 120.54 to administer and enforce this
  368  section.
  369         Section 5. Section 648.295, Florida Statutes, is amended to
  370  read:
  371         648.295 Reporting and accounting of funds.—
  372         (1) All premiums, return premiums, collateral, or other
  373  funds belonging to insurers or others received by a person
  374  licensed pursuant to this chapter in transactions under her or
  375  his license are trust funds received by the licensee in a
  376  fiduciary capacity, and the licensee must account for and pay
  377  the same to the insurer, insured, managing general agent, or
  378  other person entitled to such funds within 30 days after
  379  receiving the funds.
  380         (2) A bail bond agent may, at the time a bond is executed,
  381  collect only a portion of the full premium rate that has been
  382  filed with and approved by the office under s. 648.33(2) if the
  383  agent strictly adheres to the following guidelines:
  384         (a) The agent, the defendant, and any other person
  385  responsible for paying the remaining balance of the premium must
  386  complete and sign a form adopted by the department and furnished
  387  by the surety company which, at a minimum, includes the
  388  following:
  389         1. The names, addresses, and telephone numbers of the
  390  surety company, bond agency, defendant, and any other person
  391  responsible for paying the remaining balance of the premium.
  392         2. A prominent statement explaining that all premium
  393  payments are owed in full to the surety company and are being
  394  received as trust funds by the bail bond agency acting in a
  395  fiduciary capacity with respect to the surety company. The
  396  statement must also explain that the surety company may attempt
  397  to collect any unpaid premium directly without regard to any
  398  actions taken by the bond agent.
  399         3. The date of the bond undertaking.
  400         4. All numbers identifying the legal instruments executed
  401  by the surety company to convey to the bail bond agent by power
  402  of attorney the authority to post bond.
  403         5. The total premium due on the bond and the amount of the
  404  initial payment collected.
  405         6. The number on the receipt acknowledging the initial
  406  premium payment.
  407         7. The exact terms applicable to payment in full of the
  408  remaining outstanding premium balance.
  409         (b) The surety, agent, defendant, and any other person
  410  responsible for paying the remaining balance of the premium must
  411  be furnished a copy of the form completed and signed in
  412  accordance with paragraph (a).
  413         (c) Payment in full of the premium due on the bond may not
  414  be scheduled over a period exceeding 360 days after the date the
  415  bond was executed. Additional fees, charges, or interest may not
  416  be charged except for litigation fees. The bond agent shall:
  417         1. Contact the defendant and any other person responsible
  418  for paying the premium in person or by telephone if a scheduled
  419  payment is not received within 3 days after the due date.
  420         2. Provide a past-due notification by certified mail,
  421  return receipt requested, to the defendant and any other person
  422  responsible for paying the premium if a scheduled payment is not
  423  received within 10 days after the due date.
  424         3. Keep a detailed record in the defendant’s file of all
  425  attempts to provide any notification of a payment delinquency to
  426  the defendant or any other person responsible for paying the
  427  premium, including copies of and receipts pertaining to a
  428  notification sent by registered mail as required under
  429  subparagraph 2.
  430  
  431  A bail bond agent who fails to comply with this subsection
  432  commits a violation of s. 648.33, punishable as provided in that
  433  section. If the department finds after investigation that a bond
  434  agent has engaged in a pattern of violating s. 648.33 by the
  435  repeated failure to collect the full premium rate filed with and
  436  approved by the office, the department may deny, suspend,
  437  revoke, or refuse to renew the bail bond agent’s license or
  438  appointment upon a further finding that the pattern of repeated
  439  violations of s. 648.33 by the bond agent constitutes conduct
  440  that is actionable under s. 648.27(2) or (3), s. 648.44(1), or
  441  s. 648.45(2) or (3).
  442         (3)(2) A licensee shall keep and make available to the
  443  department books, accounts, and records as necessary to enable
  444  the department to determine whether such licensee is complying
  445  with this chapter. A licensee shall preserve the books,
  446  accounts, and records pertaining to a premium payment for at
  447  least 3 years after making such payment. Records that are
  448  preserved by computer or photographic reproduction or records
  449  that are in photographic form constitute compliance with this
  450  requirement.
  451         (4)(3) Any licensee who unlawfully diverts or appropriates
  452  such funds or any portion thereof to her or his own use commits
  453  larceny by embezzlement, punishable as provided by law.
  454         Section 6. Section 648.30, Florida Statutes, is amended to
  455  read:
  456         648.30 Licensure and appointment required.—
  457         (1) A person or entity may not act in the capacity of a
  458  bail bond agent or temporary bail bond agent or perform any of
  459  the functions, duties, or powers prescribed for bail bond agents
  460  or temporary bail bond agents under this chapter unless that
  461  person or entity is qualified, licensed, and appointed as
  462  provided in this chapter.
  463         (2) A person may not represent himself or herself to be a
  464  bail enforcement agent, bounty hunter, or other similar title in
  465  this state.
  466         (3) A person, other than a certified law enforcement
  467  officer, may not apprehend, detain, or arrest a principal on a
  468  bond, wherever issued, unless that person is:
  469         (a) Qualified, licensed, and appointed under as provided in
  470  this chapter; or
  471         (b) Licensed as a bail bond agent or bail bond enforcement
  472  agent by the state where the bond was written, or holds an
  473  equivalent license issued by such the state where the bond was
  474  written.
  475         (4) A licensed bail bond agent who aids or abets an
  476  unlicensed person by directing the unlicensed person to
  477  apprehend, detain, or arrest a defendant in this state on a
  478  bond, wherever issued, is a principal in the first degree as
  479  defined in s. 777.011 and may be charged, convicted, and
  480  punished for a violation of this section as provided in
  481  subsection (5).
  482         (5)(4) Any person who violates this section commits a
  483  felony of the third degree, punishable as provided in s.
  484  775.082, s. 775.083, or s. 775.084.
  485         Section 7. Section 648.33, Florida Statutes, is amended to
  486  read:
  487         648.33 Bail bond rates.—
  488         (1) Bail bond rates are subject to the provisions of part I
  489  of chapter 627 of the insurance code.
  490         (2) It is unlawful for a bail bond agent to execute a bail
  491  bond without charging a premium therefor, and the premium rate
  492  may not exceed or be less than the premium rate as filed with
  493  and approved by the office.
  494         (3) Any person who violates this section commits a
  495  misdemeanor of the first degree, punishable as provided in s.
  496  775.082 or s. 775.083.
  497         (4) The department and the office may adopt rules pursuant
  498  to ss. 120.536(1) and 120.54 to administer and enforce this
  499  section.
  500         Section 8. Subsection (4) of section 648.34, Florida
  501  Statutes, is amended to read:
  502         648.34 Bail bond agents; qualifications.—
  503         (4) The applicant shall furnish, with his or her
  504  application, a complete set of his or her fingerprints and a
  505  recent credential-sized, fullface photograph of the applicant.
  506  The applicant’s fingerprints shall be certified by an authorized
  507  law enforcement officer. The department may shall not authorize
  508  an applicant to take the required examination until the
  509  department has received a report from the Department of Law
  510  Enforcement and the Federal Bureau of Investigation relative to
  511  the existence or nonexistence of a criminal history report based
  512  on the applicant’s fingerprints. In addition to furnishing
  513  fingerprints along with his or her application for licensure, a
  514  licensed bail bond agent must furnish a complete set of his or
  515  her fingerprints to the department upon the department’s
  516  request.
  517         Section 9. Section 648.355, Florida Statutes, is amended to
  518  read:
  519         648.355 Temporary limited license as limited surety agent
  520  or professional bail bond agent; pending examination.—
  521         (1) The department may, in its discretion, issue a
  522  temporary license as a limited surety agent or professional bail
  523  bond agent, subject to the following conditions:
  524         (a) The applicant is a natural person at least 18 years of
  525  age and has furnished reliable evidence that he or she holds a
  526  high school diploma or its equivalent.
  527         (b) The applicant is a United States citizen or legal alien
  528  who possesses work authorization from the United States Bureau
  529  of Citizenship and Immigration Services and is a resident of
  530  this state. An individual who is a resident of this state shall
  531  be deemed to meet the residence requirement of this paragraph,
  532  notwithstanding the existence, at the time of application for
  533  temporary license, of a license in the individual’s name on the
  534  records of another state as a resident licensee of such other
  535  state, if the applicant furnishes a letter of clearance
  536  satisfactory to the department that the individual’s resident
  537  licenses have been canceled or changed to a nonresident basis
  538  and that the individual is in good standing.
  539         (c) The applicant is a person of high character and
  540  approved integrity and has never been convicted of or pleaded
  541  guilty or no contest to a felony, a crime involving moral
  542  turpitude, or a crime punishable by imprisonment of 1 year or
  543  more under the law of any state, territory, or country, whether
  544  or not a judgment or conviction is entered.
  545         (d) Within 4 years prior to the date of application for a
  546  temporary license, the applicant has successfully completed a
  547  basic certification course in the criminal justice system,
  548  consisting of not less than 120 hours of classroom instruction
  549  with a passing grade of 80 percent or higher and has
  550  successfully completed a correspondence course for bail bond
  551  agents approved by the department.
  552         (e) The applicant must be employed full time at the time of
  553  licensure, and at all times throughout the existence of the
  554  temporary license, by only one licensed and appointed
  555  supervising bail bond agent at a time, who supervises the work
  556  of the applicant and is responsible for the licensee’s conduct
  557  in the bail bond business. The applicant must be appointed by
  558  the supervising agent and the same insurers as the supervising
  559  bail bond agent.
  560         (f) The temporary bail bond agent and the supervising bail
  561  bond agent who appointed the temporary bail bond agent shall, as
  562  part of an ongoing obligation to update the temporary bail bond
  563  agent’s application, certify monthly to the department under
  564  oath, on a form prescribed by the department, the names and
  565  hours worked each week of all temporary bail bond agents. Each
  566  monthly form must be submitted within 15 days after the last day
  567  of the month covered by the form. The department shall treat the
  568  submission of each monthly form as part of the temporary bail
  569  bond agent’s application and as partial fulfillment of the
  570  ongoing obligation to update such application. The failure to
  571  timely submit a monthly form within the applicable time period
  572  may subject the supervising bail bond agent to a fine not to
  573  exceed $500 for each month that the form remains delinquent.
  574  Filing a false certification is grounds for the immediate
  575  suspension of the supervising and temporary bail bond agents’
  576  licenses license and subjects each licensee to imposition of a
  577  $10,000 $5,000 administrative fine. The department may adopt
  578  rules that establish standards for the employment requirements.
  579         (g)(f) The application must be accompanied by an affidavit
  580  verifying proposed employment and a report as to the applicant’s
  581  integrity and moral character on a form prescribed by the
  582  department and executed by the supervising bail bond agent and
  583  the proposed employer.
  584         (h)(g) The applicant must file with the department
  585  statements by at least three reputable citizens who are
  586  residents of the same counties in which the applicant proposes
  587  to engage as a temporary licensee.
  588         (i)(h) The applicant’s employer and the supervising bail
  589  bond agent are is responsible for the bail bonding acts of any
  590  licensee under this section.
  591         (j) A temporary bail bond agent must be paid wages. Wages
  592  paid to a temporary bail bond agent are subject to s. 443.1217
  593  for the purpose of determining an employer’s unemployment
  594  compensation contribution and must be reported by the agent’s
  595  employer to the Department of Revenue as required under chapter
  596  443.
  597         (2) All applicable license fees, as prescribed in s.
  598  624.501, must be paid before issuance of the temporary license.
  599         (3) The temporary license is shall be effective for 18
  600  months, subject to earlier termination at the request of the
  601  employer or supervising bail bond agent or if suspended or
  602  revoked by the department.
  603         (4) The applicant shall furnish electronically, with the
  604  application for temporary license, a complete set of the
  605  applicant’s fingerprints and a recent credential-sized, fullface
  606  photograph of the applicant. The applicant’s fingerprints shall
  607  be certified by an authorized law enforcement officer. The
  608  department may shall not issue a temporary license under this
  609  section until the department has received a report from the
  610  Department of Law Enforcement and the Federal Bureau of
  611  Investigation relative to the existence or nonexistence of a
  612  criminal history report based on the applicant’s fingerprints.
  613         (5) The department may collect a fee necessary to cover the
  614  cost of a character and credit report made by an established and
  615  reputable independent reporting service. The fee shall be
  616  deposited to the credit of the Insurance Regulatory Trust Fund.
  617         (6) After licensure as a temporary licensee for at least 12
  618  months, such licensee may file an application for and become
  619  eligible for a regular bail bond agent’s license based on the
  620  licensee’s experience in the bail bond business and education
  621  pursuant to paragraph (1)(d) and, if otherwise qualified, take
  622  the required bail bond agent’s licensure examination. The
  623  applicant and supervising bail bond agent must each file an
  624  affidavit under oath, on a form prescribed by the department,
  625  verifying the required employment of the temporary bail bond
  626  agent before issuance of the license.
  627         (7) In no event shall A temporary licensee licensed under
  628  this section may not perform any of the functions for which a
  629  bail bond agent’s license is required after expiration of the
  630  temporary license without having passed the written examination
  631  for licensure as for a regular bail bond agent, limited surety
  632  agent, or professional bail bond agent agent’s license. A
  633  violation of this subsection is a violation of s. 648.30,
  634  punishable as provided in that section.
  635         (8)(a) A temporary licensee has the same authority as a
  636  licensed bail bond agent, including presenting defendants in
  637  court; apprehending, arresting, and surrendering defendants to
  638  the proper authorities; and keeping defendants under necessary
  639  surveillance. However, a temporary licensee must be accompanied
  640  by the a supervising bail bond agent or another bail bond an
  641  agent from the same bail bond agency when apprehending,
  642  arresting, or surrendering defendants to authorities.
  643         (b) A temporary licensee may not execute or sign bonds,
  644  handle initial premium or any collateral receipts, deliver bonds
  645  to appropriate authorities, or operate an agency or branch
  646  agency separate from the location of the supervising bail bond
  647  agent, managing general agent, or insurer by whom the licensee
  648  is employed. This paragraph does not prevent a temporary
  649  licensee from accepting, on behalf of his or her supervising
  650  bail bond agent, outstanding premium payments under a premium
  651  payment plan for a bond executed by his or her supervising bail
  652  bond agent.
  653         (9) The department may shall not issue a temporary bail
  654  bond agent’s license to any individual who has held such a
  655  temporary license in this state within 2 years after the
  656  expiration or termination of such temporary bail bond agent’s
  657  license.
  658         (10) The department may adopt rules pursuant to ss.
  659  120.536(1) and 120.54 to administer and enforce this section.
  660         Section 10. Section 648.375, Florida Statutes, is created
  661  to read:
  662         648.375 Reporting of bail bond judgments.—The department:
  663         (1) May direct a limited surety agent to file with each
  664  insurer that has appointed the limited surety agent as a
  665  representative of the insurer a sworn affidavit that includes,
  666  as part of the affidavit, a list of every outstanding judgment
  667  and the following information relating to each judgment:
  668         (a) The civil and criminal case number of the judgment.
  669         (b) The amount due on the judgment.
  670         (c) The name of the court that rendered the judgment and
  671  the location of the court clerk’s office where the judgment is
  672  recorded.
  673         (2) Must require a limited surety agent who has been
  674  directed to file an affidavit under subsection (1) to:
  675         (a) On or before February 1 of the current calendar year,
  676  file the affidavit with each insurer for all judgments entered
  677  by any court during the previous calendar year.
  678         (b) Provide copies of each affidavit filed with an insurer
  679  to his or her managing general agent.
  680         (3) May require a limited surety agent to provide the
  681  department or the office with copies of all the affidavits filed
  682  with insurers pursuant to this section.
  683  
  684  The failure of a limited surety agent to timely file any
  685  affidavit with an insurer as required by this section
  686  constitutes sufficient grounds for the insurer to immediately
  687  terminate the appointment of the limited surety agent as a
  688  representative of the insurer.
  689         Section 11. Subsections (2), (5), and (6) of section
  690  648.382, Florida Statutes, are amended to read:
  691         648.382 Appointment of bail bond agents and temporary bail
  692  bond agents; effective date of appointment.—
  693         (2) Prior to any appointment, an appropriate officer or
  694  official of the appointing insurer in the case of a bail bond
  695  agent or an insurer, managing general agent, or bail bond agent
  696  in the case of a temporary bail bond agent must submit:
  697         (a) A certified statement or affidavit to the department
  698  stating what investigation has been made concerning the proposed
  699  appointee and the proposed appointee’s background and the
  700  appointing person’s opinion to the best of his or her knowledge
  701  and belief as to the moral character and reputation of the
  702  proposed appointee. In lieu of such certified statement or
  703  affidavit, by authorizing the effectuation of an appointment for
  704  a licensee, the appointing entity certifies to the department
  705  that such investigation has been made and that the results of
  706  the investigation and the appointing person’s opinion is that
  707  the proposed appointee is a person of good moral character and
  708  reputation and is fit to engage in the bail bond business;
  709         (b) An affidavit under oath on a form prescribed by the
  710  department, signed by the proposed appointee, stating that
  711  premiums, losses, or other contractual obligations are not owed
  712  to any insurer and that the appointee will discharge all
  713  outstanding forfeitures and judgments on bonds previously
  714  written. If the appointee does not satisfy or discharge such
  715  forfeitures or judgments or fails to pay premiums, losses, or
  716  other contractual obligations that are outstanding or discovered
  717  to be outstanding in the future, the former insurer shall file a
  718  notice, with supporting documents, with the appointing insurer,
  719  the former agent, and the department, stating under oath that
  720  the licensee has failed to timely satisfy forfeitures and
  721  judgments or has failed to pay premiums, losses, or other
  722  contractual obligations that are outstanding on bonds written
  723  and that the insurer has satisfied the forfeiture or judgment
  724  from its own funds. Upon receipt of such notification and
  725  supporting documents, the appointing insurer shall immediately
  726  cancel the licensee’s appointment. The licensee may be
  727  reappointed only upon certification by the former insurer that
  728  all forfeitures and judgments on bonds written by the licensee
  729  have been discharged and all premiums, losses, and contractual
  730  obligations have been paid or met. The appointing insurer or
  731  former agent may, within 10 days, file a petition with the
  732  department seeking relief from this paragraph. Filing of the
  733  petition stays the duty of the appointing insurer to cancel the
  734  appointment until the department grants or denies the petition;
  735  and
  736         (c) Any other information that the department reasonably
  737  requires concerning the proposed appointee.
  738         (5) A list of current appointments must be submitted to the
  739  department each month but in no case later than 30 45 days after
  740  the date of appointment. All appointments are effective as of
  741  the date indicated on the appointment form.
  742         (6) Failure to notify the department within the required
  743  time period shall result in the appointing entity being assessed
  744  a delinquent fee of not less than $1,000 for each month that the
  745  appointee represented the appointing entity without the
  746  department’s notification $250. Delinquent fees shall be paid by
  747  the appointing entity and may shall not be charged to the
  748  appointee.
  749         Section 12. Paragraph (a) of subsection (2) and subsection
  750  (3) of section 648.385, Florida Statutes, are amended to read:
  751         648.385 Continuing education required; application;
  752  exceptions; requirements; penalties.—
  753         (2)(a) Each person subject to the provisions of this
  754  chapter must complete a minimum of 14 hours of continuing
  755  education courses every 2 years by personally attending 14 hours
  756  of classroom courses or completing 14 hours of online in courses
  757  approved by the department. Compliance with continuing education
  758  requirements is a condition precedent to the issuance,
  759  continuation, or renewal of any appointment subject to the
  760  provisions of this chapter.
  761         (3)(a) Any bail-related course developed or sponsored by
  762  any authorized insurer or recognized bail bond agents’
  763  association, or any independent study program of instruction,
  764  subject to approval by the department, qualifies for the
  765  equivalency of the number of classroom hours assigned to such
  766  course by the department. However, unless otherwise provided in
  767  this section, continuing education credit may not be credited
  768  toward meeting the requirements of this section unless the
  769  course provides is provided by classroom instruction that:
  770         1. Occurs in a classroom setting requiring each student’s
  771  physical attendance for all hours of instruction;
  772         2. Occurs online; or
  773         3. Results in a monitored examination.
  774         (b) Each person subject to this chapter may complete 3.5
  775  hours of continuing education by attending a regularly scheduled
  776  meeting of a state association as defined by law. Not more than
  777  7 hours of continuing education credit may be acquired in this
  778  manner within a 2-year period. An approved continuing education
  779  instructor shall:
  780         1. Certify and report compliance with this section to the
  781  department in the same manner used for other methods of approved
  782  continuing education; and
  783         2. Monitor attendance.
  784         (c)(b) Each person or entity sponsoring a course for
  785  continuing education credit must furnish, within 30 days after
  786  completion of the course, in a form satisfactory to the
  787  department or its designee, a written and certified roster
  788  showing the name and license number of all persons successfully
  789  completing such course and requesting credit, accompanied by the
  790  required fee. The department shall refuse to issue, continue, or
  791  renew the appointment of any bail bond agent who has not had the
  792  continuing education requirements certified unless the agent has
  793  been granted an extension by the department.
  794         Section 13. Subsection (2) and paragraph (a) of subsection
  795  (4) of section 648.386, Florida Statutes, are amended to read:
  796         648.386 Qualifications for prelicensing and continuing
  797  education schools and instructors.—
  798         (2) SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION
  799  SCHOOLS.—
  800         (a) In order to be considered for approval and
  801  certification as an approved limited surety agent and
  802  professional bail bond agent continuing education school, such
  803  entity must:
  804         1.(a) Provide a minimum of three continuing education
  805  classes in a classroom setting or three continuing education
  806  courses online per calendar year.
  807         2.(b) Submit a course curriculum and copies of all
  808  documents and materials to be used in the course to the
  809  department for approval.
  810         3.(c) Offer continuing education classes that which are
  811  comprised of a minimum of 2 hours of approved coursework and are
  812  taught in a classroom setting by an approved supervising
  813  instructor or guest lecturer approved by the entity or the
  814  supervising instructor.
  815         (b) The department may deny credit to any licensee who
  816  attends or otherwise completes a continuing education course if
  817  the course or the training materials, books, or other documents
  818  used during the course’s presentation have not been approved by
  819  the department at least 30 days before the course’s
  820  presentation. If the department has approved a course and all
  821  related materials to be used during the course’s presentation,
  822  the related materials must conspicuously indicate the
  823  department’s approval.
  824         (4) INSTRUCTOR’S DUTIES AND QUALIFICATIONS.—
  825         (a) Each course must have a supervising instructor who is
  826  approved by the department. The supervising instructor shall be
  827  present at all classes presented in a classroom setting
  828  requiring the physical attendance of all students. The
  829  supervising instructor is responsible for:
  830         1. All course instructors.
  831         2. All guest lecturers.
  832         3. The course outlines and curriculum.
  833         4. Certification of each attending limited surety agent or
  834  professional bail bond agent.
  835         5. Completion of all required forms.
  836         6. Assuring that the course is approved.
  837  
  838  Either the entity or the supervising instructor may approve
  839  guest lecturers.
  840         Section 14. Section 648.387, Florida Statutes, is amended
  841  to read:
  842         648.387 Primary bail bond agents; designation as agent in
  843  charge; duties.—
  844         (1) The owner or operator of a bail bond agency shall
  845  designate a primary bail bond agent who is licensed and
  846  appointed as an agent in charge for each location, and shall
  847  file with the department the name and license number of the
  848  person and the address of the location on a form approved by the
  849  department. The designation of the primary bail bond agent in
  850  charge may be changed if the department is notified immediately.
  851  Failure to notify the department within 10 working days after
  852  such change is grounds for disciplinary action pursuant to s.
  853  648.45.
  854         (2) The primary bail bond agent designated as an agent in
  855  charge is responsible for the overall operation and management
  856  of a bail bond agency location, which whose responsibilities may
  857  include, without limitations, hiring and supervising of all
  858  individuals within the location, whether they deal with the
  859  public in the solicitation or negotiation of bail bond contracts
  860  or in the collection or accounting of moneys. A person may be
  861  designated as primary bail bond agent in charge for only one
  862  bail bond agency location.
  863         (3) The department may suspend or revoke the license of the
  864  owner, operator, and primary bail bond agent in charge if a bail
  865  bond agency employs, contracts with, or uses the services of a
  866  person who has had a license denied or whose license is
  867  currently suspended or revoked. However, a person who has been
  868  denied a license for failure to pass a required examination may
  869  be employed to perform clerical or administrative functions for
  870  which licensure is not required. The bail bond agency or primary
  871  bail bond agent in charge may require an employee or applicant
  872  for employment to submit to a background check annually to
  873  determine whether the employee or applicant initially meets or
  874  continues to meet the requirements of this chapter. The
  875  background check must include a check of the employee’s or
  876  applicant’s criminal history.
  877         (4) An owner, operator, or primary agent in charge may not
  878  employ, contract with, or use the services of any person in a
  879  bail bond agency who has been charged with, found guilty of, or
  880  pled guilty or nolo contendere to a felony or a crime punishable
  881  by imprisonment of 1 year or more under the law of any
  882  jurisdiction, without regard to whether judgment was entered or
  883  withheld by the court.
  884         (5) A bail bond agency location may not conduct surety
  885  business unless a primary bail bond agent in charge is
  886  designated at all times. The failure to designate a primary
  887  agent in charge on a form prescribed by the department, within
  888  10 working days after an agency’s inception or a change of
  889  primary agent, is a violation of this chapter, punishable as
  890  provided in s. 648.45.
  891         (6) The department shall adopt rules pursuant to ss.
  892  120.536(1) and 120.54 to administer and enforce this section.
  893         Section 15. Section 648.388, Florida Statutes, is amended
  894  to read:
  895         648.388 Insurer must appoint managing general agent.—
  896         (1) Any insurer regularly engaged in the execution of bail
  897  bonds in this state shall have a managing general agent in this
  898  state to supervise its agents. Upon the appointment of a
  899  managing general agent, the insurer shall file with the
  900  department an affidavit under oath, executed by the appointee,
  901  certifying that the appointee does not owe any unpaid premiums,
  902  losses, or contractual obligations to any insurer and does not
  903  have any unpaid judgments or forfeitures in any state. A
  904  managing general agent shall maintain an office in this state
  905  and maintain all records relating to bonds issued in this state.
  906  A managing general agent may maintain the records electronically
  907  and shall make the records available at any time upon request by
  908  the insurer, the department, or the office.
  909         (2)(a) Before being appointed as a managing general agent,
  910  a proposed appointee must submit an affidavit under oath on a
  911  form prescribed by the department, signed by the proposed
  912  appointee, stating that premiums, losses, or other contractual
  913  obligations are not owed to any insurer and that the appointee
  914  will discharge all outstanding forfeitures and judgments on
  915  bonds previously written. If the appointee does not satisfy or
  916  discharge such forfeitures or judgments or fails to pay
  917  premiums, losses, or other contractual obligations that are
  918  outstanding or discovered to be outstanding in the future, the
  919  former insurer shall file a notice, along with supporting
  920  documents, with the appointing insurer, the former managing
  921  general agent, and the department stating under oath that the
  922  managing general agent has failed to timely satisfy forfeitures
  923  and judgments or has failed to pay premiums, losses, or other
  924  contractual obligations that are outstanding on bonds written
  925  and that the insurer has satisfied the forfeiture or judgment
  926  from its own funds. Upon receipt of such notification and
  927  supporting documents, the appointing insurer shall immediately
  928  cancel the managing general agent’s appointment. The managing
  929  general agent may be reappointed only upon certification by the
  930  insurer that all forfeitures and judgments on bonds written by
  931  the managing general agent or any of his or her subagents have
  932  been discharged and all premiums, losses, and contractual
  933  obligations have been paid or met. The appointing insurer or
  934  managing general agent may, within 10 days, file a petition with
  935  the department seeking relief from the requirements of this
  936  paragraph. Filing of the petition stays the duty of the
  937  appointing insurer to cancel the appointment until the
  938  department grants or denies the petition.
  939         (b)1. In addition to any information required under
  940  paragraph (a), a proposed appointee or an appointing insurer
  941  must provide to the department any other information that the
  942  department reasonably requests concerning a proposed appointee.
  943         2. An appointing insurer must certify to the department
  944  that the insurer will supervise the activities of the managing
  945  general agent appointee.
  946         (3) The appointment of a managing general agent by an
  947  insurer is deemed to be a certification to the department that
  948  the appointing insurer is bound by acts of the managing general
  949  agent appointee which are within the scope of his or her
  950  appointment.
  951         (4) An appointing insurer must advise the department in
  952  writing within 5 days after receiving notice or learning that a
  953  managing general agent appointee has been arrested for, pled
  954  guilty or nolo contendere to, or been found guilty of a felony
  955  or other offense punishable by imprisonment of 1 year or more
  956  under the law of any jurisdiction, whether judgment was entered
  957  or withheld by the court.
  958         Section 16. Subsection (4) is added to section 648.39,
  959  Florida Statutes, to read:
  960         648.39 Termination of appointment of managing general
  961  agents, bail bond agents, and temporary bail bond agents.—
  962         (4) A bail bond agent or managing general agent whose
  963  appointment has been terminated by an insurer remains
  964  accountable to the insurer until all liability for any bonds
  965  written with the insurer by the bail bond agent or managing
  966  general agent are discharged or otherwise vacated.
  967         Section 17. Section 648.415, Florida Statutes, is created
  968  to read:
  969         648.415 Rules governing appointments and termination of
  970  appointments.—The department shall adopt rules pursuant to ss.
  971  120.536(1) and 120.54 which provide for the implementation,
  972  administration, and enforcement of the provisions of this
  973  chapter governing the appointment or termination of the
  974  appointment of a bail bond agent, managing general agent, or
  975  bail bond agency.
  976         Section 18. Section 648.42, Florida Statutes, is amended to
  977  read:
  978         648.42 Registration of bail bond agents.—A bail bond agent
  979  may not become a surety on an undertaking unless he or she has
  980  registered in the office of the sheriff and with the clerk of
  981  the circuit court in the county in which the bail bond agent
  982  resides. The bail bond agent and bail bond agency may register
  983  in a like manner in any other county, and any bail bond agent
  984  and bail bond agency shall file a certified copy of the bail
  985  bond agent’s his or her appointment by power of attorney from
  986  each insurer which he or she represents as a bail bond agent
  987  with each of such officers. Registration and filing of a
  988  certified copy of renewed power of attorney shall be performed
  989  by April 1 of each odd-numbered year, and the form must include
  990  the effective date of the registration. The clerk of the circuit
  991  court and the sheriff may shall not permit the registration of a
  992  bail bond agent unless such bail bond agent is currently
  993  licensed and appointed by the department. Nothing in This
  994  section does not shall prevent the registration of a temporary
  995  licensee at the jail for the purposes of enabling the licensee
  996  to perform the duties under such license as set forth in this
  997  chapter.
  998         Section 19. Section 648.421, Florida Statutes, is amended
  999  to read:
 1000         648.421 Notice of change of name, address, or telephone
 1001  number.—
 1002         (1) Each licensee under this chapter shall notify, in
 1003  writing, the department, insurer, managing general agent, and
 1004  the clerk of each court in which the licensee is registered
 1005  within 10 working days after a change in the licensee’s
 1006  principal business address or telephone number. The licensee
 1007  shall also notify the department within 10 working days after a
 1008  change of the name, address, or telephone number of each bail
 1009  bond agency or firm for which he or she writes bonds and any
 1010  change in the licensee’s name, home address, e-mail address, or
 1011  telephone number.
 1012         (2) A bail bond agent may electronically submit through the
 1013  department’s website the written notifications required under
 1014  subsection (1).
 1015         (3) The department may adopt rules pursuant to ss.
 1016  120.536(1) and 120.54 to administer this section.
 1017         Section 20. Section 648.43, Florida Statutes, is amended to
 1018  read:
 1019         648.43 Power of attorney; to be approved by department;
 1020  filing of copies; notification of transfer bond.—
 1021         (1) Every insurer engaged in the writing of bail bonds
 1022  through bail bond agents in this state shall submit and have
 1023  approved by the department and the office a sample power of
 1024  attorney, which shall will be the only form of power of attorney
 1025  the insurer will issue to bail bond agents in this state.
 1026         (2) Every professional bail bond agent who authorizes a
 1027  licensed professional bail bond agent directly employed and
 1028  appointed by him or her to sign his or her name to bonds must
 1029  file a copy of the power of attorney given to the appointed
 1030  professional bail bond agent with the sheriff and the clerk of
 1031  the circuit court in the county in which he or she resides and
 1032  with the department. Such power of attorney shall remain in full
 1033  force and effect until written notice revoking the power of
 1034  attorney has been received by the above-named officials.
 1035         (3) Every bail bond agent who executes or countersigns a
 1036  transfer bond shall indicate in legible print writing on the
 1037  original and each copy of the bond:
 1038         (a) The name and address of the referring bail bond agent.
 1039         (b) The identifying number that appears on the license
 1040  issued by this state to the bail bond agent who is requesting
 1041  the transfer bond.
 1042         (4) The department and the office may adopt rules pursuant
 1043  to ss. 120.536(1) and 120.54 to administer this section.
 1044         Section 21. Paragraphs (a), (b), (c), and (o) of subsection
 1045  (1), paragraphs (a) and (e) of subsection (6), subsection (7),
 1046  and paragraph (a) of subsection (9) of section 648.44, Florida
 1047  Statutes, are amended, paragraphs (q), (r), and (s) are added to
 1048  subsection (1) of that section, and subsection (10) is added to
 1049  that section, to read:
 1050         648.44 Prohibitions; penalty.—
 1051         (1) A bail bond agent or temporary bail bond agent may not:
 1052         (a) Suggest or advise the employment of, or name for
 1053  employment, any particular attorney to represent his or her
 1054  principal. However, an agent may provide contact information for
 1055  multiple attorneys.
 1056         (b) Directly or indirectly solicit business in or on the
 1057  property or grounds of a jail, prison, or other place where
 1058  prisoners are confined or in or on the property or grounds of
 1059  any court, or use an unlicensed person for the purpose of
 1060  solicitation. The term “solicitation” includes the distribution
 1061  of business cards, print advertising, or other written or oral
 1062  information or the use of electronic media that is directed to
 1063  prisoners or potential indemnitors, unless a request is
 1064  initiated by the prisoner or a potential indemnitor. Permissible
 1065  print advertising in the jail is strictly limited to a listing
 1066  in a telephone directory and the posting of the bail bond
 1067  agent’s or agency’s name, address, and telephone number in a
 1068  designated location within the jail.
 1069         (c) Initiate in person in-person or by telephone any
 1070  solicitation after 9:00 p.m. or before 8:00 a.m., in the case of
 1071  domestic violence cases, at the residence of the detainee or the
 1072  detainee’s family. Any solicitation not prohibited by this
 1073  chapter must comply with the telephone solicitation requirements
 1074  in ss. 501.059(2) and (4), 501.613, and 501.616(6).
 1075         (o)1. Use, or make any attempt to use, threats or coercion
 1076  when trying to collect, through threat or coercion, amounts due
 1077  for the payment of any indebtedness related to the issuance of a
 1078  bail bond in violation of s. 559.72.
 1079         2. Use, or make any attempt to use, threats or coercion to
 1080  deal with any matter related to the issuance of a bail bond in
 1081  violation of s. 559.72.
 1082         (q) Pay a fee or rebate or give or promise anything of
 1083  value to an inmate or any other person on behalf of the inmate
 1084  in return for the referral of bail bond business.
 1085         (r) Act as a professional bail bond agent without first
 1086  obtaining a license as a professional bail bond agent. This
 1087  paragraph also restricts a limited surety agent, a bail bond
 1088  agency, or a managing general agent from acting as a
 1089  professional bail bond agent without first obtaining a license
 1090  as a professional bail bond agent or agency.
 1091         (s) Charge a travel fee or other similar charge for
 1092  undertaking and posting a bail bond at a jail in any county if
 1093  the same agent and agency that wrote the bond are also the agent
 1094  and agency that posted the bond.
 1095         (6)(a) A No bail bond agency or entity may not shall
 1096  advertise as or hold itself out to be a bail bond or surety
 1097  company.
 1098         (e)1. A bail bond agent may not make material
 1099  misrepresentations or omissions in statements or use
 1100  advertisements that constitute material misrepresentations of
 1101  facts, create unjust expectations concerning services, or make
 1102  improper comparisons.
 1103         2. Bail bond agents may not own or advertise under firm
 1104  names that are false, misleading, or deceptive, or use trade
 1105  names that imply a connection with any government agency.
 1106         3. A bail bond agent may not use any advertisement or
 1107  advertise under any name that includes the word “free”.
 1108         4. A bail bond agent may not advertise under a trade name
 1109  unless the name and address appear on the agent’s letterhead or
 1110  business cards. Such name must be registered with the
 1111  department.
 1112         5. A bail bond agent must return all premiums collected on
 1113  a bond immediately if the bond is not executed.
 1114         (7) Any permissible advertising by a bail bond agent or
 1115  agency must include the address of record filed with the
 1116  department and the license number of the bail bond agent.
 1117         (9)(a) Any person who violates any provisions of paragraph
 1118  (1)(e), paragraph (1)(f), paragraph (1)(g), paragraph (1)(j), or
 1119  paragraph (1)(n), paragraph (1)(q), paragraph (1)(r), or
 1120  subsection (2) commits a felony of the third degree, punishable
 1121  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1122         (10) The department may adopt rules pursuant to ss.
 1123  120.536(1) and 120.54 to administer and enforce this section.
 1124         Section 22. Subsections (3) and (4) of section 648.442,
 1125  Florida Statutes, are amended to read:
 1126         648.442 Collateral security.—
 1127         (3) Collateral security shall be received and held in the
 1128  insurer’s name by the bail bond agent in a fiduciary capacity
 1129  and, prior to any forfeiture of bail, shall be kept separate and
 1130  apart from any other funds or assets of such bail bond agent.
 1131  When collateral security equal to or in excess of $5,000 cash or
 1132  its equivalent is received by a bail bond agent, the entire
 1133  amount shall be immediately forwarded to the insurer. Such
 1134  collateral security may be placed in an interest-bearing account
 1135  to accrue to the benefit of the person giving the collateral
 1136  security, and the bail bond agent, insurer, or managing general
 1137  agent may not make any pecuniary gain on the collateral security
 1138  deposited. Any such account shall be in a depository office of a
 1139  financial institution located in this state. The insurer shall
 1140  be liable for all collateral received. If the bail bond agent or
 1141  managing general agent fails to return the collateral to the
 1142  indemnitor upon final termination of liability on the bond, the
 1143  surety shall be liable for the collateral and shall return the
 1144  actual collateral to the indemnitor or, in the event that the
 1145  surety cannot locate the collateral, the surety shall pay the
 1146  indemnitor pursuant to the provisions of this section.
 1147         (4) When the obligation of the surety on the bond or bonds
 1148  has been released:
 1149         (a) In writing by the court;
 1150         (b) Through the application of s. 648.571(2); or
 1151         (c) Upon expiration of the bond pursuant to s. 903.31(1),
 1152  
 1153  the collateral shall be returned to the rightful owner named in
 1154  the collateral receipt unless another disposition is provided
 1155  for by legal assignment of the right to receive the collateral
 1156  to another person.
 1157         Section 23. Paragraph (j) of subsection (2), paragraphs (c)
 1158  and (e) of subsection (3), and subsection (4) of section 648.45,
 1159  Florida Statutes, are amended, and subsection (7) is added to
 1160  that section, to read:
 1161         648.45 Actions against a licensee; suspension or revocation
 1162  of eligibility to hold a license.—
 1163         (2) The department shall deny, suspend, revoke, or refuse
 1164  to renew any license or appointment issued under this chapter or
 1165  the insurance code, and it shall suspend or revoke the
 1166  eligibility of any person to hold a license or appointment under
 1167  this chapter or the insurance code, for any violation of the
 1168  laws of this state relating to bail or any violation of the
 1169  insurance code or if the person:
 1170         (j) Has willfully failed to comply with or willfully
 1171  violated any proper order or rule of the department or willfully
 1172  violated any provision of this chapter, chapter 903, or the
 1173  insurance code.
 1174         (3) The department may deny, suspend, revoke, or refuse to
 1175  renew any license or appointment issued under this chapter or
 1176  the insurance code, or it may suspend or revoke the eligibility
 1177  of any person to hold a license or appointment under this
 1178  chapter or the insurance code, for any violation of the laws of
 1179  this state relating to bail or any violation of the insurance
 1180  code or for any of the following causes:
 1181         (c) Violation of any law relating to the business of bail
 1182  bond insurance, violation of chapter 903, or violation of any
 1183  provision of the insurance code.
 1184         (e) Being found to be a source of injury, potential harm,
 1185  or loss to the public or detrimental to the public interest or
 1186  being found by the department to be no longer carrying on the
 1187  bail bond business in good faith.
 1188         (4) Any licensee found to have violated s. 648.44(1)(b),
 1189  (d), (g), (h), or (i) shall, at a minimum, be suspended for a
 1190  period of 3 months. A greater penalty, including revocation,
 1191  shall be imposed if there is a willful or repeated violation of
 1192  s. 648.44(1)(b), (d), (g), (h), or (i), or if the licensee has
 1193  committed other violations of this chapter.
 1194         (7) The department may adopt rules pursuant to ss.
 1195  120.536(1) and 120.54 to administer and enforce this section.
 1196         Section 24. Subsection (1) of section 648.52, Florida
 1197  Statutes, is amended to read:
 1198         648.52 Administrative fine.—
 1199         (1) If, pursuant to the procedure described in s. 648.46,
 1200  the department finds that one or more causes exist for the
 1201  suspension of, revocation of, or refusal to renew or continue
 1202  any license or appointment issued under this chapter, the
 1203  department may, in its discretion, in lieu of or in addition to
 1204  such suspension, revocation, or refusal, and except on a second
 1205  offense, impose upon the licensee an administrative penalty in
 1206  an amount up to $10,000 $5,000 or, if the department has found
 1207  willful misconduct or willful violation on the part of the
 1208  licensee, $20,000. The administrative penalty may, in the
 1209  discretion of the department, be increased by an amount equal to
 1210  any commissions or other pecuniary benefits received by or
 1211  accruing to the credit of the licensee in connection with any
 1212  transaction related to the grounds for suspension, revocation,
 1213  or refusal.
 1214         Section 25. Subsection (2) of section 648.525, Florida
 1215  Statutes, is amended to read:
 1216         648.525 Civil assessment.—
 1217         (2) The burden of proof in such proceedings is by a
 1218  preponderance of the evidence. Upon a finding that a licensee
 1219  has failed to properly comply, an assessment of $10,000 $5,000
 1220  shall be ordered for each act of improper solicitation, which
 1221  assessment shall be payable within 30 days after the date of the
 1222  final order.
 1223         Section 26. Section 648.55, Florida Statutes, is amended to
 1224  read:
 1225         648.55 All bail bond agents of same agency; licensed by
 1226  same companies.—All bail bond agents who are members of the same
 1227  agency, partnership, corporation, or association shall be
 1228  appointed to represent the same companies. If any member of such
 1229  agency, partnership, corporation, or association is licensed and
 1230  appointed as a professional bail bond agent, all members thereof
 1231  shall be so licensed and appointed. It is the responsibility of
 1232  each insurer to require that each bail bond agent in a bail bond
 1233  an agency is appointed to represent that particular insurer. It
 1234  is the responsibility of the agent in charge to notify the
 1235  insurers of the identity of the agents in the bail bond agency
 1236  and verify that the agents are appointed as required.
 1237         Section 27. Subsections (3) and (4) of section 648.571,
 1238  Florida Statutes, are amended to read:
 1239         648.571 Failure to return collateral; penalty.—
 1240         (3)(a) Fees or charges other than those provided in this
 1241  chapter or by rule of the department or commission may not be
 1242  deducted from the collateral due.
 1243         (b)1. The bail bond agent may charge the credit card fee
 1244  imposed in connection with the use of the credit card for
 1245  payment of collateral if the fee is clearly shown on the
 1246  collateral receipt and is acknowledged by the person tendering
 1247  the credit card.
 1248         2. The prevailing schedule of credit card fees must be
 1249  conspicuously posted in the lobby of the bail bond agency, and a
 1250  copy must be provided to the person tendering the credit card.
 1251         (c) Allowable expenses incurred in apprehending a defendant
 1252  because of a bond forfeiture or judgment under s. 903.29 may be
 1253  deducted if such expenses are accounted for.
 1254         (d) The bail bond agent may not impose any restrictions on
 1255  the return of the collateral other than the restrictions allowed
 1256  under this section.
 1257         (e) The failure to return collateral under these terms is
 1258  punishable as follows:
 1259         1. If the collateral is of a value less than $100, as
 1260  provided in s. 775.082(4)(a).
 1261         2. If the collateral is of a value of $100 or more, as
 1262  provided in s. 775.082(3)(d).
 1263         3. If the collateral is of a value of $1,500 or more, as
 1264  provided in s. 775.082(3)(c).
 1265         4. If the collateral is of a value of $10,000 or more, as
 1266  provided in s. 775.082(3)(b).
 1267         (4) In addition to the criminal penalties and any other
 1268  penalties provided in this chapter, the department shall impose
 1269  against any person violating this section an administrative fine
 1270  of 10 five times the dollar amount of the collateral.
 1271         Section 28. Subsection (2) of section 903.09, Florida
 1272  Statutes, is amended to read:
 1273         903.09 Justification of sureties.—
 1274         (2) A bond agent, as defined in s. 648.25(3) 648.25(2),
 1275  shall justify her or his suretyship by attaching a copy of the
 1276  power of attorney issued by the company to the bond or by
 1277  attaching to the bond United States currency, a United States
 1278  postal money order, or a cashier’s check in the amount of the
 1279  bond; but the United States currency, United States postal money
 1280  order, or cashier’s check cannot be used to secure more than one
 1281  bond. Nothing herein shall prohibit two or more qualified
 1282  sureties from each posting any portion of a bond amount, and
 1283  being liable for only that amount, so long as the total posted
 1284  by all cosureties is equal to the amount of bond required.
 1285         Section 29. This act shall take effect July 1, 2012.