The Florida Senate

648.44  Prohibitions; penalty.--

(1)  A bail bond agent, temporary bail bond agent, or runner may not:

(a)  Suggest or advise the employment of, or name for employment, any particular attorney to represent his or her principal.

(b)  Directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined or in or on the property or grounds of any court. The term "solicitation" includes the distribution of business cards, print advertising, or other written information directed to prisoners or potential indemnitors, unless a request is initiated by the prisoner or a potential indemnitor. Permissible print advertising in the jail is strictly limited to a listing in a telephone directory and the posting of the bail bond agency's name, address, and telephone number in a designated location within the jail.

(c)  Wear or display any identification other than the department issued or approved license or approved identification in or on the property or grounds of a jail, prison, or other place where prisoners are confined or in or on the property or grounds of any court.

(d)  Pay a fee or rebate or give or promise anything of value to a jailer, police officer, peace officer, or committing magistrate or any other person who has power to arrest or to hold in custody or to any public official or public employee in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond or estreatment thereof.

(e)  Pay a fee or rebate or give anything of value to an attorney in a bail bond matter, except in defense of any action on a bond.

(f)  Pay a fee or rebate or give or promise anything of value to the principal or anyone in his or her behalf.

(g)  Participate in the capacity of an attorney at a trial or hearing of one on whose bond he or she is surety.

(h)  Loiter in or about a jail, courthouse, or where prisoners are confined.

(i)  Accept anything of value from a principal for providing a bail bond except the premium and transfer fee authorized by the department, except that the bail bond agent may accept collateral security or other indemnity from the principal or another person in accordance with the provisions of s. 648.442, together with documentary stamp taxes, if applicable. No fees, expenses, or charges of any kind shall be permitted to be deducted from the collateral held or any return premium due, except as authorized by this chapter or rule of the department. A bail bond agent may, upon written agreement with another party, receive a fee or compensation for returning to custody an individual who has fled the jurisdiction of the court or caused the forfeiture of a bond.

(j)  Write more than one power of attorney per charge on a bond, except in the case of a cosurety.

(k)  Execute a bond in this state on his or her own behalf.

(l)  Execute a bond in this state if a judgment has been entered on a bond executed by the bail bond agent, which has remained unpaid for 35 days, unless the full amount of the judgment is deposited with the clerk in accordance with s. 903.27(5).

(m)  Make a statement or representation to a court, unless such statement or representation is under oath. Such statement or representation may not be false, misleading, or deceptive.

(2)  The following persons or classes shall not be bail bond agents, temporary bail bond agents, runners, or employees of a bail bond agent or a bail bond business and shall not directly or indirectly receive any benefits from the execution of any bail bond:

(a)  Jailers or persons employed in any jail.

(b)  Police officers or employees of any police department or law enforcement agency.

(c)  Committing magistrates, employees of a court, or employees of the clerk of any court.

(d)  Sheriffs and deputy sheriffs or employees of any sheriff's department.

(e)  Attorneys.

(f)  Persons having the power to arrest or persons who have authority over or control of federal, state, county, or municipal prisoners.

(3)  A bail bond agent may not sign or countersign in blank any bond, give a power of attorney to, or otherwise authorize, anyone to countersign his or her name to bonds unless the person so authorized is a licensed and appointed bail bond agent directly employed by the bail bond agent giving such power of attorney.

(4)  A place of business, including a branch office, may not be established, opened, or maintained unless it is under the active full-time charge of a licensed and appointed bail bond agent.

(5)  Except as between licensed and appointed bail bond agents, a bail bond agent may not divide with others, or share in, any commissions payable on account of any bail bond.

(6)(a)  No bail bond agency shall advertise as or hold itself out to be a bail bond or surety company.

(b)  Any misleading or false advertisement or deceptive trade practice is prohibited as provided in ¹part X of chapter 626.

(c)  The advertisement of reduced premium rates is prohibited.

(7)  Any permissible advertising by a bail bond agent or agency must include the address of record filed with the department.

(8)(a)  A person who has been convicted of or who has pleaded guilty or no contest to a felony or a crime involving moral turpitude or a crime punishable by imprisonment of 1 year or more under the law of any state, territory, or country, regardless of whether adjudication of guilt was withheld, may not participate as a director, officer, manager, or employee of any bail bond agency or office thereof or exercise direct or indirect control in any manner in such agency or office or own shares in any closely held corporation which has any interest in any bail bond business. Such restrictions on engaging in the bail bond business shall continue to apply during a pending appeal.

(b)  Any person who violates the provisions of paragraph (a) or any person who knowingly permits a person who has been convicted of or who has pleaded guilty or no contest to a crime as described in paragraph (a) to engage in the bail bond business as prohibited in paragraph (a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)  Any law enforcement agency, state attorney's office, court clerk, or insurer that is aware that a bail bond agent, temporary bail bond agent, or runner has been convicted of or who has pleaded guilty or no contest to a crime as described in paragraph (a) shall notify the department of this fact.

(d)  Upon the filing of an information or indictment against a bail bond agent, temporary bail bond agent, or runner, the state attorney or clerk of the circuit court shall immediately furnish the department a certified copy of the information or indictment.

(9)(a)  Any person who violates any provisions of paragraph (1)(d), paragraph (1)(e), paragraph (1)(f), paragraph (1)(i), or paragraph (1)(m) or subsection (2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)  Any person who violates the provisions of paragraph (1)(a), paragraph (1)(b), paragraph (1)(g), paragraph (1)(j), or paragraph (1)(l), subsection (3), subsection (4), or subsection (5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 16, ch. 29621, 1955; s. 177, ch. 70-339; s. 26, ch. 73-334; s. 3, ch. 76-168; s. 1, ch. 77-119; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 22, 71, 72, ch. 82-175; ss. 24, 50, 51, ch. 84-103; s. 26, ch. 85-208; s. 5, ch. 87-321; s. 87, ch. 89-360; ss. 29, 46, 47, ch. 90-131; s. 4, ch. 91-429; s. 30, ch. 96-372; s. 29, ch. 97-93; s. 1757, ch. 97-102; s. 2, ch. 99-303.

¹Note.--Redesignated as part IX of ch. 626 to conform to the transfer of ss. 626.941-626.945, comprising former part IX, by ch. 98-89.

Note.--Former s. 903.52.