House Bill hb0817
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Florida House of Representatives - 2001 HB 817
By Representative Cantens
1 A bill to be entitled
2 An act relating to bail bonds; amending s.
3 648.29, F.S.; providing for build-up funds to
4 be maintained in government bonds,
5 certificates, or certain other obligations;
6 providing that the limitation on build-up funds
7 be established by the rate of premium filed by
8 the insurance company; amending s. 648.33,
9 F.S.; permitting certain fees to be charged
10 with regard to transfers or use of credit
11 cards; requiring certain notice of such fees;
12 amending s. 648.34, F.S.; requiring separate
13 entrances for each bail bond agency and branch
14 office; amending s. 648.385, F.S.; revising
15 language relating to continuing education
16 requirements for bail bond agents; amending s.
17 648.386, F.S.; prohibiting the use of certain
18 video instruction tapes in continuing education
19 classes; increasing the number of years of
20 experience as a manager or officer required for
21 department approval as a supervising
22 instructor; amending s. 648.44, F.S.;
23 prohibiting certain contact by a bail bond
24 agent or runner; providing penalties; amending
25 s. 648.571, F.S.; permitting a bail bond agent
26 to charge certain fees when accepting a credit
27 card for collateral; requiring the fee to be
28 stated and the fee schedule to be posted;
29 amending s. 903.045, F.S.; providing for
30 exoneration of the surety upon failure of the
31 state to extradite the principal on a bail bond
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1 under certain circumstances; amending s.
2 903.046, F.S.; providing that a defendant
3 charged with a second or subsequent felony
4 within a certain period shall forfeit the
5 presumption in favor of nonmonetary release,
6 under certain circumstances; amending s.
7 903.21, F.S.; providing penalties for an
8 official who refuses to take a defendant into
9 custody; amending s. 903.26, F.S.; requiring
10 the clerk to provide a certified copy of
11 warrant or capias at no cost under certain
12 circumstances; deleting provision relating to
13 prohibition of the discharge of a forfeiture;
14 providing circumstances for discharge of
15 forfeiture of bond, discharge of bond, and
16 assessment of costs for defendants arrested
17 outside the county or state of jurisdiction;
18 amending s. 903.28, F.S.; providing for
19 interest to accrue on remission of forfeiture
20 under certain circumstances; amending s.
21 903.31, F.S.; revising provisions relating to
22 cancellation of bond; providing circumstances
23 under which an appearance bond does not
24 guarantee a defendant's conduct or appearance
25 in court; amending s. 907.041, F.S.; requiring
26 certification to the court in writing of
27 certain information prior to release on
28 nonmonetary conditions; providing an effective
29 date.
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31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsections (1) and (2) of section 648.29,
2 Florida Statutes, are amended to read:
3 648.29 Build-up funds posted by bail bond agent.--
4 (1) All build-up funds posted by a bail bond agent or
5 managing general agent, either with the insurer or managing
6 general agent representing such insurer, must be maintained in
7 an individual build-up trust account for the bail bond agent
8 by the insurer or the managing general agent in a bank or
9 savings and loan association, or in United States Government
10 bonds, United States Treasury certificates, or other
11 obligations for which the full faith and credit of the United
12 States is pledged for the payment of principal and interest,
13 in this state jointly in the name of the bail bond agent and
14 the surety or managing general agent or in trust for the bail
15 bond agent by the surety or managing general agent and is open
16 to inspection and examination by the department at all times.
17 An accounting of all such funds shall be maintained which
18 designates the amounts collected on each bond written.
19 (2) Build-up funds may not exceed 40 percent of the
20 premium as established by the rate of premium filed by the
21 insurance company with the department agent's contract
22 agreement with the insurer or managing general agent. Build-up
23 funds received shall be immediately deposited to the build-up
24 trust account. Interest on such accounts shall accrue to the
25 bail bond agent.
26 Section 2. Subsection (2) of section 648.33, Florida
27 Statutes, is amended to read:
28 648.33 Bail bond rates.--
29 (2) It is unlawful for a bail bond agent to execute a
30 bail bond without charging a premium therefor, and the premium
31 rate may not exceed or be less than the premium rate as filed
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1 with and approved by the department. Bail bond transfer fees
2 may be charged at the rate of premium filed with the
3 department. The bail bond agent may charge the amount of the
4 fee charged by a credit card facility in connection with the
5 use of a credit card for premium. The premium receipt must
6 clearly state the fee and be acknowledged by the authorized
7 credit card holder. The prevailing credit card fee schedule
8 shall be clearly posted in the lobby of the bail bond agency.
9 Section 3. Paragraph (c) of subsection (2) of section
10 648.34, Florida Statutes, is amended to read:
11 648.34 Bail bond agents; qualifications.--
12 (2) To qualify as a bail bond agent, it must
13 affirmatively appear at the time of application and throughout
14 the period of licensure that the applicant has complied with
15 the provisions of s. 648.355 and has obtained a temporary
16 license pursuant to such section and:
17 (c) The place of business of the applicant will be
18 located in this state and in the county where the applicant
19 will maintain his or her records and be actively engaged in
20 the bail bond business and maintain an agency accessible to
21 the public which is open for reasonable business hours. Each
22 bail bond agency and each branch office shall have a separate
23 and distinct entrance easily accessible to the public and used
24 by the bail bond agent in the regular course of business
25 dealings with the public. Each agency shall be separate and
26 apart from any other bail bond agency used to conduct bail
27 bond business.
28 Section 4. Paragraph (a) of subsection (2) of section
29 648.385, Florida Statutes, is amended to read:
30 648.385 Continuing education required; application;
31 exceptions; requirements; penalties.--
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1 (2)(a) For compliance dates beginning in January 1997
2 and thereafter, Each person subject to the provisions of this
3 chapter must cumulatively complete a minimum of 14 hours of
4 continuing education courses every 2-year renewal period 2
5 years in courses approved by the department. Compliance with
6 continuing education requirements is a condition precedent to
7 the issuance, continuation, or renewal of any appointment
8 subject to the provisions of this chapter.
9 Section 5. Paragraph (c) of subsection (2) and
10 paragraph (b) of subsection (4) of section 648.386, Florida
11 Statutes, are amended to read:
12 648.386 Qualifications for prelicensing and continuing
13 education schools and instructors.--
14 (2) SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION
15 SCHOOLS.--In order to be considered for approval and
16 certification as an approved limited surety agent and
17 professional bail bond agent continuing education school, such
18 entity must:
19 (c) Offer continuing education classes which are
20 comprised of a minimum of 2 hours of approved coursework and
21 are taught by an approved supervising instructor or guest
22 lecturer approved by the entity or the supervising instructor.
23 Video instruction tapes longer than 30 minutes shall not be
24 permitted.
25 (4) INSTRUCTOR'S DUTIES AND QUALIFICATIONS.--
26 (b) In order to obtain department approval as a
27 supervising instructor, the following qualifications must be
28 met:
29 1. During the past 10 years, the person must have had
30 at least 10 5 years' experience as a manager or officer of a
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1 managing general agent in this state as prescribed in s.
2 648.388;
3 2. During the past 10 years, the person must have had
4 at least 10 5 years' experience as a manager or officer of an
5 insurance company authorized to and actively engaged in
6 underwriting bail in this state, provided there is a showing
7 that the manager's or officer's experience is directly related
8 to the bail bond industry; or
9 3. The person has been a licensed bail bond agent in
10 this state for at least 10 years.
11 Section 6. Paragraph (b) of subsection (1) and
12 subsection (9) of section 648.44, Florida Statutes, are
13 amended to read:
14 648.44 Prohibitions; penalty.--
15 (1) A bail bond agent, temporary bail bond agent, or
16 runner may not:
17 (b) Directly or indirectly solicit business in or on
18 the property or grounds of a jail, prison, or other place
19 where prisoners are confined or in or on the property or
20 grounds of any court. The term "solicitation" includes the
21 distribution of business cards, print advertising, or other
22 written information directed to prisoners or potential
23 indemnitors, unless a request is initiated by the prisoner or
24 a potential indemnitor, or directly contacting the prisoner's
25 family or potential indemnitors as a result of information
26 obtained from any document, written or electronically
27 produced, or originated by the court, office of the clerk of
28 the circuit court of the county, or county jail, without first
29 being contacted by the family, indemnitor, or prisoner.
30 Permissible print advertising in the jail is strictly limited
31 to a listing in a telephone directory and the posting of the
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1 bail bond agency's name, address, and telephone number in a
2 designated location within the jail.
3 (9)(a) Any person who violates any provisions of
4 paragraph (1)(b), paragraph (1)(d), paragraph (1)(e),
5 paragraph (1)(f), paragraph (1)(i), or paragraph (1)(m) or
6 subsection (2) commits a felony of the third degree,
7 punishable as provided in s. 775.082, s. 775.083, or s.
8 775.084.
9 (b) Any person who violates the provisions of
10 paragraph (1)(a), paragraph (1)(b), paragraph (1)(g),
11 paragraph (1)(j), or paragraph (1)(l), subsection (3),
12 subsection (4), or subsection (5) commits a misdemeanor of the
13 first degree, punishable as provided in s. 775.082 or s.
14 775.083.
15 Section 7. Section 648.571, Florida Statutes, is
16 amended to read:
17 648.571 Failure to return collateral; penalty.--A bail
18 bond agent who has taken collateral or an insurer or managing
19 general agent who holds collateral as security for a bail bond
20 shall, upon demand, make a written request for a discharge of
21 the bond to be delivered to the surety or the agent of the
22 surety. If a discharge is provided to the surety or the agent
23 of the surety pursuant to chapter 903, the collateral shall be
24 returned to the indemnitor within 21 days of said discharge
25 being provided. Upon demand, following the written request for
26 discharge and upon diligent inquiry by the surety or the agent
27 of the surety to determine that the bond has been discharged,
28 failure of the court to provide a written discharge to the
29 surety or the agent of the surety pursuant to chapter 903
30 within 7 days, shall cause the cancellation of the bond by
31 operation of law and collateral shall be returned to the
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1 indemnitor within 21 days of the written request for
2 discharge. Fees or other charges of any nature other than as
3 outlined in this chapter or by rule of the department may not
4 be deducted from the collateral due. However, the bail bond
5 agent may charge the amount of the fee charged by a credit
6 card facility in connection with the use of a credit card for
7 collateral as long as the fee is clearly stated on the
8 collateral receipt and is acknowledged by the authorized
9 credit card holder. The prevailing credit card fee schedule
10 shall be clearly posted in the lobby of the bail bond agency.
11 Allowable expenses incurred in the apprehension of the
12 defendant because of a forfeiture of bond or judgment under s.
13 903.29 may be deducted if such expenses are accounted for.
14 Failure to return collateral under these terms shall be
15 punishable:
16 (1) In the event the collateral is of a value of less
17 than $100, as provided in s. 775.082(4)(a).
18 (2) In the event the collateral is of a value of $100
19 or more, as provided in s. 775.082(3)(d).
20 (3) In the event the collateral is of a value of
21 $1,500 or more, as provided in s. 775.082(3)(c).
22 (4) In the event the collateral is of a value of
23 $10,000 or more, as provided in s. 775.082(3)(b).
24 Section 8. Section 903.045, Florida Statutes, is
25 amended to read:
26 903.045 Nature of criminal surety bail bonds.--
27 (1) It is the public policy of this state and the
28 intent of the Legislature that a criminal surety bail bond,
29 executed by a bail bond agent licensed pursuant to chapter 648
30 in connection with the pretrial or appellate release of a
31 criminal defendant, shall be construed as a commitment by and
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1 an obligation upon the bail bond agent to ensure that the
2 defendant appears at all subsequent criminal proceedings and
3 otherwise fulfills all conditions of the bond. The failure of
4 a defendant to appear at any subsequent criminal proceeding or
5 the breach by the defendant of any other condition of the bond
6 constitutes a breach by the bail bond agent of this commitment
7 and obligation.
8 (2) It is the further intent of the Legislature to
9 express its support of the judicial process above the
10 acquisition of funds by the state. Failure of the state to
11 institute extradition proceedings or extradite the principal
12 on a bail bond, after the surety has agreed in writing to pay
13 actual transportation costs, shall exonerate the surety and
14 any forfeiture or judgment shall be set aside or vacated and
15 any payment by the surety of a forfeiture or judgment shall be
16 remitted in full.
17 Section 9. Subsection (3) is added to section 903.046,
18 Florida Statutes, to read:
19 903.046 Purpose of and criteria for bail
20 determination.--
21 (3) A defendant who is charged with a second or
22 subsequent felony within the present 3-year period, whether or
23 not a conviction has been entered, shall forfeit the
24 presumption in favor of nonmonetary release.
25 Section 10. Subsection (1) of section 903.21, Florida
26 Statutes, is amended to read:
27 903.21 Method of surrender; exoneration of obligors.--
28 (1) A surety desiring to surrender a defendant shall
29 deliver a copy of the bond and the defendant to the official
30 who had custody of the defendant at the time bail was taken or
31 to the official into whose custody the defendant would have
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1 been placed if she or he had been committed. The official
2 shall take the defendant into custody, as on a commitment, and
3 issue a certificate acknowledging the surrender. An official
4 who refuses to take the defendant into custody as provided in
5 this section shall be subject to criminal charges under s.
6 839.21.
7 Section 11. Paragraph (c) of subsection (2), paragraph
8 (b) of subsection (5), and subsections (6), (7), and (8) of
9 section 903.26, Florida Statutes, are amended to read:
10 903.26 Forfeiture of the bond; when and how directed;
11 discharge; how and when made; effect of payment.--
12 (2)
13 (c) If there is a breach of the bond, the clerk shall
14 provide, upon request, a certified copy of the warrant or
15 capias to the bail bond agent or surety company at no cost.
16 (5) The court shall discharge a forfeiture within 60
17 days upon:
18 (b) A determination that, at the time of the required
19 appearance, the defendant was adjudicated insane and confined
20 in an institution or was in a hospital, or was confined in a
21 jail, or prison;
22 (6) The discharge of a forfeiture shall not be ordered
23 for any reason other than as specified herein.
24 (6)(7) The payment by a surety of a forfeiture under
25 the provisions of this law shall have the same effect on the
26 bond as payment of a judgment.
27 (7)(8) If the defendant is arrested outside of the
28 county or state of jurisdiction and returned or surrendered by
29 the surety agent to the county of jurisdiction of the court
30 prior to judgment, the clerk, upon affirmation by the sheriff
31 or the chief correctional officer, shall, without further
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1 order of the court, discharge the forfeiture of the bond and
2 discharge the bond. However, if the surety agent fails to pay
3 the costs of transportation and expenses incurred in returning
4 the defendant to the county of jurisdiction, the clerk shall
5 not discharge the forfeiture of the bond. If the surety agent
6 apprehended and surrendered the defendant, costs shall not be
7 assessed. If the surety agent and the county attorney fail to
8 agree on the amount of said costs, then the court, after
9 notice to the county attorney, shall determine the amount of
10 the costs.
11 Section 12. Subsection (9) is added to section 903.28,
12 Florida Statutes, to read:
13 903.28 Remission of forfeiture; conditions.--
14 (9) If remission has not been made within 45 days
15 after the date on which the court ordered the remission,
16 interest at the prevailing rate for short-term loans shall
17 begin to accrue from the order date and shall be paid with the
18 remission.
19 Section 13. Subsections (1) and (2) of section 903.31,
20 Florida Statutes, are amended, subsection (3) is renumbered as
21 subsection (4), and a new subsection (3) is added to said
22 section, to read:
23 903.31 Canceling the bond.--
24 (1) Within 10 business days after the conditions of a
25 bond have been satisfied or the forfeiture discharged or
26 remitted, the court shall order the bond shall be canceled
27 and, if the surety has attached a certificate of cancellation
28 to the original bond, shall furnish an executed certificate of
29 cancellation to the surety without cost. An adjudication of
30 guilt or innocence of the defendant shall satisfy the
31 conditions of the bond. The original appearance bond shall
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1 expire 36 months after such bond has been posted for the
2 release of the defendant from custody. This subsection does
3 not apply to cases in which a bond has been declared
4 forfeited.
5 (2) The original appearance bond shall not be
6 construed to guarantee deferred sentences, appearance during
7 or after a presentence investigation, appearance during or
8 after appeals, conduct during or appearance after admission to
9 a pretrial intervention program, payment of fines, or
10 attendance at educational or rehabilitation facilities the
11 court otherwise provides in the judgment. If the original
12 appearance bond has been forfeited or revoked, the bond shall
13 not be reinstated without approval from the surety on the
14 original bond.
15 (3) The original appearance bond shall not be
16 construed to guarantee a defendant's conduct or appearance in
17 court at any time after any of the following events has
18 occurred:
19 (a) The defendant has entered a plea of guilty or no
20 contest;
21 (b) The defendant has entered into a deferred
22 prosecution agreement or pretrial intervention program;
23 (c) The defendant has been acquitted;
24 (d) The defendant has been adjudicated guilty;
25 (e) Adjudication of guilt has been withheld; or
26 (f) The defendant has been found guilty by a judge or
27 jury.
28 Section 14. Paragraph (b) of subsection (3) of section
29 907.041, Florida Statutes, is amended to read:
30 907.041 Pretrial detention and release.--
31 (3) RELEASE ON NONMONETARY CONDITIONS.--
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1 (b) No person shall be released on nonmonetary
2 conditions under the supervision of a pretrial release
3 service, unless the service certifies to the court in writing
4 that it has investigated and or otherwise verified:
5 1. The circumstances of the accused's family,
6 employment, financial resources, character, mental condition,
7 and length of residence in the community;
8 2. The accused's record of convictions, of appearances
9 at court proceedings, of flight to avoid prosecution, or of
10 failure to appear at court proceedings; and
11 3. Other facts necessary to assist the court in its
12 determination of the indigency of the accused and whether she
13 or he should be released under the supervision of the service.
14 Section 15. This act shall take effect July 1, 2001.
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1 *****************************************
2 HOUSE SUMMARY
3 Revises provisions relating to bail bonds, bail bond
agents, and runners. Provides for build-up funds to be
4 maintained in government bonds, certificates, or certain
other obligations. Provides that the limitation on
5 build-up funds be established by the rate of premium
filed by the insurance company. Permits certain fees to
6 be charged with regard to transfers or use of credit
cards. Requires certain notice of such fees. Requires
7 separate entrances for each bail bond agency and branch
office.
8
9 Revises language relating to continuing education
requirements for bail bond agents. Prohibits the use of
10 certain video instruction tapes in continuing education
classes. Increases the number of years of experience as a
11 manager or officer required for department approval as a
supervising instructor.
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13 Prohibits certain contact by a bail bond agent or runner.
Provides penalties. Permits a bail bond agent to charge
14 certain fees when accepting a credit card for collateral.
Requires the fee to be stated and the fee schedule to be
15 posted. Provides for exoneration of the surety upon
failure of the state to extradite the principal on a bail
16 bond under certain circumstances. Provides that a
defendant charged with a second or subsequent felony
17 within a certain period shall forfeit the presumption in
favor of nonmonetary release under certain circumstances.
18 Provides penalties for an official who refuses to take a
defendant into custody. Requires the clerk to provide a
19 certified copy of warrant or capias at no cost under
certain circumstances. Deletes a provision relating to
20 prohibition of the discharge of a forfeiture. Provides
circumstances for discharge of forfeiture of bond,
21 discharge of bond, and assessment of costs for defendants
arrested outside the county or state of jurisdiction.
22 Provides for interest to accrue on remission of
forfeiture under certain circumstances. Revises
23 provisions relating to cancellation of bond. Provides
circumstances under which an appearance bond does not
24 guarantee a defendant's conduct or appearance in court.
Requires certification to the court in writing of certain
25 information prior to release on nonmonetary conditions.
See bill for details.
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