HB 771

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

CODING: Words stricken are deletions; words underlined are additions.