Senate Bill sb1050

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1050

    By Senator Silver





    38-481-01

  1                      A bill to be entitled

  2         An act relating to bail bond and surety agents;

  3         amending s. 648.29, F.S.; revising requirements

  4         for build-up funds posted by a bail bond agent;

  5         amending s. 648.33, F.S.; authorizing an agent

  6         to charge certain transfer fees for use of a

  7         credit card; requiring that the schedule of

  8         fees be conspicuously posted; amending s.

  9         648.34, F.S.; requiring that a bail bond office

10         have a separate entrance; amending ss. 648.385,

11         648.386, F.S., relating to continuing education

12         requirements for bail bond agents; clarifying

13         the minimum course requirements; revising

14         requirements for instructors of continuing

15         education; amending s. 648.44, F.S.;

16         prohibiting a bail bond agent from initiating

17         contact with certain individuals for purposes

18         of soliciting business; amending s. 648.571,

19         F.S.; authorizing an agent to charge certain

20         fees for use of a credit card; requiring that

21         the schedule of fees be conspicuously posted;

22         amending s. 903.045, F.S.; requiring that

23         payment made on a bond be remitted to the

24         surety under certain circumstances when the

25         state fails to extradite a defendant; amending

26         s. 903.046, F.S.; providing that a defendant

27         charged with a second or subsequent felony

28         within a specified period is not presumed to be

29         entitled to release on nonmonetary conditions;

30         amending s. 903.26, F.S.; deleting a limitation

31         on the circumstances under which a forfeiture

                                  1

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






    Florida Senate - 2001                                  SB 1050
    38-481-01




  1         may be discharged; revising requirements for

  2         assessing costs against a surety; amending s.

  3         903.28, F.S.; requiring that interest be paid

  4         on any ordered payment of remission which

  5         remains unpaid after a specified period;

  6         amending s. 903.31, F.S.; specifying

  7         circumstances under which the bond does not

  8         guarantee the defendant's conduct or

  9         appearance; amending s. 907.041, F.S.;

10         requiring that certain pretrial services be

11         verified to the court in writing; providing an

12         effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Subsections (1) and (2) of section 648.29,

17  Florida Statutes, are amended to read:

18         648.29  Build-up funds posted by bail bond agent.--

19         (1)  All build-up funds posted by a bail bond agent or

20  managing general agent, either with the insurer or managing

21  general agent representing such insurer, must be maintained in

22  an individual build-up trust account for the bail bond agent

23  by the insurer or the managing general agent in a bank or

24  savings and loan association in this state jointly in the name

25  of the bail bond agent and the surety or managing general

26  agent; in United States Government bonds, treasury

27  certificates, or other obligations for which the faith of the

28  United States is pledged for the payment of principal and

29  interest held jointly in the name of the bail bond agent and

30  the surety or managing general agent; or in trust for the bail

31  bond agent by the surety or managing general agent. The trust

                                  2

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






    Florida Senate - 2001                                  SB 1050
    38-481-01




  1  account and is open to inspection and examination by the

  2  department at all times. An accounting of all such funds shall

  3  be maintained which designates the amounts collected on each

  4  bond written.

  5         (2)  Build-up funds may not exceed 40 percent of the

  6  premium, as established by the insurer's rate of premium filed

  7  with the department agent's contract agreement with the

  8  insurer or managing general agent. Build-up funds received

  9  shall be immediately deposited to the build-up trust account.

10  Interest on such accounts shall accrue to the bail bond agent.

11         Section 2.  Section 648.33, Florida Statutes, is

12  amended to read:

13         648.33  Bail bond rates.--

14         (1)  Bail bond rates are subject to the provisions of

15  part I of chapter 627 of the insurance code.

16         (2)  It is unlawful for A bail bond agent may not to

17  execute a bail bond without charging a premium therefor, and

18  the premium rate may not exceed or be less than the premium

19  rate as filed with and approved by the department. A bail bond

20  agent may charge a transfer fee for a bail bond at the rate

21  filed with the department. The bail bond agent may charge the

22  fee imposed in connection with the use of a credit card for

23  payment of the premium. The premium receipt must clearly show

24  the fee and be acknowledged by the person tendering the credit

25  card. The prevailing schedule of credit card fees must be

26  conspicuously posted in the lobby of the bail bond agency.

27         (3)  Any person who violates this section commits a

28  misdemeanor of the first degree, punishable as provided in s.

29  775.082 or s. 775.083.

30         Section 3.  Paragraph (c) of subsection (2) of section

31  648.34, Florida Statutes, is amended to read:

                                  3

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






    Florida Senate - 2001                                  SB 1050
    38-481-01




  1         648.34  Bail bond agents; qualifications.--

  2         (2)  To qualify as a bail bond agent, it must

  3  affirmatively appear at the time of application and throughout

  4  the period of licensure that the applicant has complied with

  5  the provisions of s. 648.355 and has obtained a temporary

  6  license pursuant to such section and:

  7         (c)  The place of business of the applicant is will be

  8  located in this state and in the county where the applicant

  9  will maintain his or her records and be actively engaged in

10  the bail bond business and maintain an agency accessible to

11  the public, which is open for reasonable business hours. Each

12  bail bond agency and any branch office must have a separate

13  and distinct entrance that is easily accessible to the public

14  and used in the regular course of business. Each bail bond

15  agency must be located separate and apart from any other

16  agency that conducts bail bond business.

17         Section 4.  Paragraph (a) of subsection (2) of section

18  648.385, Florida Statutes, is amended to read:

19         648.385  Continuing education required; application;

20  exceptions; requirements; penalties.--

21         (2)(a)  For compliance dates beginning in January 1997

22  and thereafter, Each person subject to the provisions of this

23  chapter must complete a minimum of 14 hours, cumulatively, of

24  continuing education courses during every 2-year renewal

25  period 2 years in courses approved by the department.

26  Compliance with continuing education requirements is a

27  condition precedent to the issuance, continuation, or renewal

28  of any appointment subject to the provisions of this chapter.

29         Section 5.  Paragraph (c) of subsection (2) and

30  paragraph (b) of subsection (4) of section 648.386, Florida

31  Statutes, are amended to read:

                                  4

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






    Florida Senate - 2001                                  SB 1050
    38-481-01




  1         648.386  Qualifications for prelicensing and continuing

  2  education schools and instructors.--

  3         (2)  SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION

  4  SCHOOLS.--In order to be considered for approval and

  5  certification as an approved limited surety agent and

  6  professional bail bond agent continuing education school, such

  7  entity must:

  8         (c)  Offer continuing education classes that which are

  9  comprised of a minimum of 2 hours of approved coursework and

10  are taught by an approved supervising instructor or guest

11  lecturer approved by the entity or the supervising instructor.

12  A video tape used for continuing education may not have a

13  playing time of greater than 30 minutes.

14         (4)  INSTRUCTOR'S DUTIES AND QUALIFICATIONS.--

15         (b)  In order to obtain department approval as a

16  supervising instructor, the following qualifications must be

17  met:

18         1.  During the past 10 years, the person must have had

19  at least 10 5 years' experience as a manager or officer of a

20  managing general agent in this state as prescribed in s.

21  648.388;

22         2.  During the past 10 years, the person must have had

23  at least 10 5 years' experience as a manager or officer of an

24  insurance company authorized to and actively engaged in

25  underwriting bail in this state, provided there is a showing

26  that the manager's or officer's experience is directly related

27  to the bail bond industry; or

28         3.  The person has been a licensed bail bond agent in

29  this state for at least 10 years.

30

31

                                  5

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






    Florida Senate - 2001                                  SB 1050
    38-481-01




  1         Section 6.  Paragraph (b) of subsection (1) and

  2  subsection (9) of section 648.44, Florida Statutes, are

  3  amended to read:

  4         648.44  Prohibitions; penalty.--

  5         (1)  A bail bond agent, temporary bail bond agent, or

  6  runner may not:

  7         (b)  Directly or indirectly solicit business in or on

  8  the property or grounds of a jail, prison, or other place

  9  where prisoners are confined or in or on the property or

10  grounds of any court. The term "solicitation" includes the

11  distribution of business cards, print advertising, or other

12  written information directed to prisoners or potential

13  indemnitors, unless a request is initiated by the prisoner or

14  a potential indemnitor. The term "solicitation" also includes

15  initiating contact with a prisoner, potential indemnitor, or

16  member of a prisoner's family as a result of information

17  obtained from any written or electronic document that is

18  produced by or originates from the court, clerk's office, or

19  county jail. Permissible print advertising in the jail is

20  strictly limited to a listing in a telephone directory and the

21  posting of the bail bond agency's name, address, and telephone

22  number in a designated location within the jail.

23         (9)(a)  Any person who violates any provisions of

24  paragraph (1)(b), paragraph (1)(d), paragraph (1)(e),

25  paragraph (1)(f), paragraph (1)(i), or paragraph (1)(m) or

26  subsection (2) commits a felony of the third degree,

27  punishable as provided in s. 775.082, s. 775.083, or s.

28  775.084.

29         (b)  Any person who violates the provisions of

30  paragraph (1)(a), paragraph (1)(b), paragraph (1)(g),

31  paragraph (1)(j), or paragraph (1)(l), subsection (3),

                                  6

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






    Florida Senate - 2001                                  SB 1050
    38-481-01




  1  subsection (4), or subsection (5) commits a misdemeanor of the

  2  first degree, punishable as provided in s. 775.082 or s.

  3  775.083.

  4         Section 7.  Section 648.571, Florida Statutes, is

  5  amended to read:

  6         648.571  Failure to return collateral; penalty.--A bail

  7  bond agent who has taken collateral or an insurer or managing

  8  general agent who holds collateral as security for a bail bond

  9  shall, upon demand, make a written request for a discharge of

10  the bond to be delivered to the surety or the agent of the

11  surety. If a discharge is provided to the surety or the agent

12  of the surety pursuant to chapter 903, the collateral shall be

13  returned to the indemnitor within 21 days after the of said

14  discharge is being provided. Upon demand, following the

15  written request for discharge and upon diligent inquiry by the

16  surety or the agent of the surety to determine that the bond

17  has been discharged, failure of the court to provide a written

18  discharge to the surety or the agent of the surety pursuant to

19  chapter 903 within 7 days, shall cause the cancellation of the

20  bond by operation of law and collateral shall be returned to

21  the indemnitor within 21 days after of the written request for

22  discharge.  Fees or other charges of any nature other than as

23  outlined in this chapter or by rule of the department may not

24  be deducted from the collateral due. However, the bail bond

25  agent may charge the fee imposed in connection with the use of

26  a credit card for payment of collateral if the fee is clearly

27  shown on the collateral receipt and is acknowledged by the

28  person tendering the credit card. The prevailing schedule of

29  credit card fees must be conspicuously posted in the lobby of

30  the bail bond agency. Allowable expenses incurred in the

31  apprehension of the defendant because of a forfeiture of bond

                                  7

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






    Florida Senate - 2001                                  SB 1050
    38-481-01




  1  or judgment under s. 903.29 may be deducted if such expenses

  2  are accounted for. Failure to return collateral under these

  3  terms shall be punishable:

  4         (1)  In the event the collateral is of a value of less

  5  than $100, as provided in s. 775.082(4)(a).

  6         (2)  In the event the collateral is of a value of $100

  7  or more, as provided in s. 775.082(3)(d).

  8         (3)  In the event the collateral is of a value of

  9  $1,500 or more, as provided in s. 775.082(3)(c).

10         (4)  In the event the collateral is of a value of

11  $10,000 or more, as provided in s. 775.082(3)(b).

12         Section 8.  Section 903.045, Florida Statutes, is

13  amended to read:

14         903.045  Nature of criminal surety bail bonds.--

15         (1)  It is the public policy of this state and the

16  intent of the Legislature that a criminal surety bail bond,

17  executed by a bail bond agent licensed pursuant to chapter 648

18  in connection with the pretrial or appellate release of a

19  criminal defendant, shall be construed as a commitment by and

20  an obligation upon the bail bond agent to ensure that the

21  defendant appears at all subsequent criminal proceedings and

22  otherwise fulfills all conditions of the bond.  The failure of

23  a defendant to appear at any subsequent criminal proceeding or

24  the breach by the defendant of any other condition of the bond

25  constitutes a breach by the bail bond agent of this commitment

26  and obligation.

27         (2)  The Legislature favors the policy of maintaining

28  the integrity of the judicial process above enriching the

29  state's finances. If the state attorney fails to institute

30  extradition proceedings against a defendant or fails to

31  extradite the principal on a bail bond after the surety has

                                  8

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






    Florida Senate - 2001                                  SB 1050
    38-481-01




  1  agreed in writing to pay the actual cost of transportation,

  2  the surety is exonerated, any forfeiture or judgment shall be

  3  set aside or vacated, and any payment made by the surety of a

  4  forfeiture or judgment shall be remitted in full.

  5         Section 9.  Subsection (3) is added to section 903.046,

  6  Florida Statutes, to read:

  7         903.046  Purpose of and criteria for bail

  8  determination.--

  9         (3)  If a defendant is charged with a second or

10  subsequent felony within 3 years after the date of a prior

11  felony charge, regardless of whether a conviction was entered,

12  the defendant forfeits the right to a presumption in favor of

13  release on nonmonetary conditions as provided in s. 907.041.

14         Section 10.  Paragraph (c) of subsection (2) and

15  subsections (5), (6), (7), and (8) of section 903.26, Florida

16  Statutes, are amended to read:

17         903.26  Forfeiture of the bond; when and how directed;

18  discharge; how and when made; effect of payment.--

19         (2)

20         (c)  If there is a breach of the bond, the clerk shall

21  provide, without cost and upon request, a certified copy of

22  the warrant or capias to the bail bond agent or surety

23  company.

24         (5)  The court shall discharge a forfeiture within 60

25  days upon:

26         (a)  A determination that it was impossible for the

27  defendant to appear as required due to circumstances beyond

28  the defendant's control.  The potential adverse economic

29  consequences of appearing as required shall not be considered

30  as constituting a ground for such a determination;

31

                                  9

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






    Florida Senate - 2001                                  SB 1050
    38-481-01




  1         (b)  A determination that, at the time of the required

  2  appearance, the defendant was adjudicated insane and confined

  3  in an institution or was in a hospital, or was confined in a

  4  jail, or prison; or

  5         (c)  Surrender or arrest of the defendant if the delay

  6  has not thwarted the proper prosecution of the defendant.  If

  7  the forfeiture has been before discharge, the court shall

  8  direct remission of the forfeiture.  The court shall condition

  9  a discharge or remission on the payment of costs and the

10  expenses incurred by an official in returning the defendant to

11  the jurisdiction of the court.

12         (6)  The discharge of a forfeiture shall not be ordered

13  for any reason other than as specified herein.

14         (6)(7)  The payment by a surety of a forfeiture under

15  the provisions of this law shall have the same effect on the

16  bond as payment of a judgment.

17         (7)(8)  If the defendant is arrested outside the state

18  or county of jurisdiction and returned or surrendered by the

19  surety to the county of jurisdiction of the court prior to

20  judgment, the clerk, upon affirmation by the sheriff or the

21  chief correctional officer, shall, without further order of

22  the court, discharge the forfeiture of the bond and discharge

23  the bond.  However, if the surety agent fails to pay the costs

24  of transportation and expenses incurred in returning the

25  defendant to the county of jurisdiction, the clerk shall not

26  discharge the forfeiture of the bond. If the surety agent

27  apprehends and surrenders the defendant, costs may not be

28  assessed against the surety. If the surety agent and the

29  county attorney fail to agree on the amount of said costs,

30  then the court, after notice to the county attorney, shall

31  determine the amount of the costs.

                                  10

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






    Florida Senate - 2001                                  SB 1050
    38-481-01




  1         Section 11.  Subsection (9) is added to section 903.28,

  2  Florida Statutes, to read:

  3         903.28  Remission of forfeiture; conditions.--

  4         (9)  If remission is not paid within 45 days after the

  5  date of the court's order granting remission of a forfeiture,

  6  interest shall accrue from the date of the order at the

  7  prevailing rate of interest for short-term loans, and must be

  8  paid in addition to the amount of the remission.

  9         Section 12.  Section 903.31, Florida Statutes, is

10  amended to read:

11         903.31  Canceling the bond.--

12         (1)  Within 10 business days after the conditions of a

13  bond have been satisfied or the forfeiture discharged or

14  remitted, the court shall order the bond shall be canceled

15  and, if the surety has attached a certificate of cancellation

16  to the original bond, the clerk of the court shall furnish an

17  executed certificate of cancellation to the surety without

18  cost. An adjudication of guilt or innocence of the defendant

19  shall satisfy the conditions of the bond.  The original

20  appearance bond shall expire 36 months after such bond has

21  been posted for the release of the defendant from custody.

22  This subsection does not apply to cases in which a bond has

23  been declared forfeited.

24         (2)  The original appearance bond does shall not be

25  construed to guarantee deferred sentences, appearance during

26  or after a presentence investigation, appearance during or

27  after appeals, conduct during or appearance after admission to

28  a pretrial intervention program, payment of fines, or

29  attendance at educational or rehabilitation facilities the

30  court otherwise provides in the judgment.  If the original

31  appearance bond has been forfeited or revoked, the bond shall

                                  11

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






    Florida Senate - 2001                                  SB 1050
    38-481-01




  1  not be reinstated without approval from the surety on the

  2  original bond.

  3         (3)  The original appearance bond does not guarantee

  4  the defendant's conduct or appearance in court at any time

  5  after:

  6         (a)  The defendant enters a plea of guilty or no

  7  contest.

  8         (b)  The defendant enters into an agreement for

  9  deferred prosecution or agrees to enter a pretrial

10  intervention program.

11         (c)  The defendant is acquitted.

12         (d)  The defendant is adjudicated guilty.

13         (e)  Adjudication of guilt of the defendant is

14  withheld.

15         (f)  The defendant is found guilty by a judge or jury.

16         (4)(3)  In any case where no formal charges have been

17  brought against the defendant within 365 days after arrest,

18  the court shall order the bond canceled unless good cause is

19  shown by the state.

20         Section 13.  Paragraph (b) of subsection (3) of section

21  907.041, Florida Statutes, is amended to read:

22         907.041  Pretrial detention and release.--

23         (3)  RELEASE ON NONMONETARY CONDITIONS.--

24         (b)  A No person may not shall be released on

25  nonmonetary conditions under the supervision of a pretrial

26  release service, unless the service certifies to the court in

27  writing that it has investigated or otherwise verified:

28         1.  The circumstances of the accused's family,

29  employment, financial resources, character, mental condition,

30  and length of residence in the community;

31

                                  12

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






    Florida Senate - 2001                                  SB 1050
    38-481-01




  1         2.  The accused's record of convictions, of appearances

  2  at court proceedings, of flight to avoid prosecution, or of

  3  failure to appear at court proceedings; and

  4         3.  Other facts necessary to assist the court in its

  5  determination of the indigency of the accused and whether she

  6  or he should be released under the supervision of the service.

  7         Section 14.  This act shall take effect October 1,

  8  2001.

  9

10            *****************************************

11                          SENATE SUMMARY

12    Revises various provisions governing the performance of
      bail bond agents and surety agents. Provides that a bail
13    bond agent may secure build-up funds with United States
      securities. Authorizes certain credit card fees. Revises
14    requirements for a bail bond office. Provides minimum
      course requirements for continuing education for bail
15    bond agents. Prohibits a bail bond agent from using
      certain information to solicit business. Revises
16    requirements for remitting to the surety the payment made
      on a bond. Provides that if a defendant is charged with a
17    second or subsequent felony within 3 years, there is no
      presumption that the defendant is entitled to release on
18    nonmonetary conditions. Revises requirements for
      assessing costs against a surety. Requires the payment of
19    interest on an order of remission which remains unpaid
      after 45 days. Provides that the original appearance bond
20    does not guarantee the defendant's conduct or appearance
      under certain circumstances. (See bill for details.)
21

22

23

24

25

26

27

28

29

30

31

                                  13

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