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.

30

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

31

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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.
12

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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