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



                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 1327

    Amendment No. 11 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Garcia offered the following:

12

13         Amendment 

14         On page 24, line 17, through page 29, line 24,

15  remove:  all of said lines

16

17  and insert:

18         (c)  Wear or display any identification other than the

19  department issued or approved license or department approved

20  identification that includes a citation of the bail bond

21  agent's arrest powers in or on the property or grounds of a

22  jail, prison, or other place where prisoners are confined or

23  in or on the property or grounds of any court.

24         (d)  Pay a fee or rebate or give or promise anything of

25  value to a jailer, police officer, peace officer, or

26  committing magistrate or any other person who has power to

27  arrest or to hold in custody or to any public official or

28  public employee in order to secure a settlement, compromise,

29  remission, or reduction of the amount of any bail bond or

30  estreatment thereof.

31         (e)  Pay a fee or rebate or give anything of value to

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    File original & 9 copies    02/26/02
    hbd0005                     06:42 pm         01327-0110-321669




                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 1327

    Amendment No. 11 (for drafter's use only)





  1  an attorney in a bail bond matter, except in defense of any

  2  action on a bond.

  3         (f)  Pay a fee or rebate or give or promise anything of

  4  value to the principal or anyone in his or her behalf.

  5         (g)  Participate in the capacity of an attorney at a

  6  trial or hearing of one on whose bond he or she is surety.

  7         (h)  Loiter in or about a jail, courthouse, or where

  8  prisoners are confined.

  9         (i)  Accept anything of value from a principal for

10  providing a bail bond except the premium and transfer fee

11  authorized by the department, except that the bail bond agent

12  may accept collateral security or other indemnity from the

13  principal or another person in accordance with the provisions

14  of s. 648.442, together with documentary stamp taxes, if

15  applicable. No fees, expenses, or charges of any kind shall be

16  permitted to be deducted from the collateral held or any

17  return premium due, except as authorized by this chapter or

18  rule of the department. A bail bond agent may, upon written

19  agreement with another party, receive a fee or compensation

20  for returning to custody an individual who has fled the

21  jurisdiction of the court or caused the forfeiture of a bond.

22         (j)  Write more than one power of attorney per charge

23  on a bond, except in the case of a cosurety, unless the power

24  of attorney expressly prohibits a cosurety.

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

26  behalf.

27         (l)  Execute a bond in this state if a judgment has

28  been entered on a bond executed by the bail bond agent, which

29  has remained unpaid for 35 days, unless the full amount of the

30  judgment is deposited with the clerk in accordance with s.

31  903.27(5).

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    File original & 9 copies    02/26/02
    hbd0005                     06:42 pm         01327-0110-321669




                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 1327

    Amendment No. 11 (for drafter's use only)





  1         (m)  Make a statement or representation to a court,

  2  unless such statement or representation is under oath. Such

  3  statement or representation may not be false, misleading, or

  4  deceptive.

  5         (n)  Attempt to collect through threat or coercion any

  6  amounts due for the payment of any indebtedness related to the

  7  issuance of a bail bond in violation of s. 559.72.

  8         (o)  Conduct bail bond business with any person other

  9  than the defendant on the grounds of the jail or courthouse

10  for the purpose of executing a bond.

11         (2)  The following persons or classes shall not be bail

12  bond agents, temporary bail bond agents, runners, or employees

13  of a bail bond agent or a bail bond business and shall not

14  directly or indirectly receive any benefits from the execution

15  of any bail bond:

16         (a)  Jailers or persons employed in any jail.

17         (b)  Police officers or employees of any police

18  department or law enforcement agency.

19         (c)  Committing magistrates, employees of a court, or

20  employees of the clerk of any court.

21         (d)  Sheriffs and deputy sheriffs or employees of any

22  sheriff's department.

23         (e)  Attorneys.

24         (f)  Persons having the power to arrest or persons who

25  have authority over or control of federal, state, county, or

26  municipal prisoners.

27         (3)  A bail bond agent may not sign or countersign in

28  blank any bond, give a power of attorney to, or otherwise

29  authorize, anyone to countersign his or her name to bonds

30  unless the person so authorized is a licensed and appointed

31  bail bond agent directly employed by the bail bond agent

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    File original & 9 copies    02/26/02
    hbd0005                     06:42 pm         01327-0110-321669




                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 1327

    Amendment No. 11 (for drafter's use only)





  1  giving such power of attorney.

  2         (4)  A place of business, including a branch office,

  3  may not be established, opened, or maintained unless it is

  4  under the active full-time charge of a licensed and appointed

  5  bail bond agent.

  6         (5)  Except as between licensed and appointed bail bond

  7  agents, a bail bond agent may not divide with others, or share

  8  in, any commissions payable on account of any bail bond.

  9         (6)(a)  No bail bond agency shall advertise as or hold

10  itself out to be a bail bond or surety company.

11         (b)  Any misleading or false advertisement or deceptive

12  trade practice is prohibited as provided in part IX of chapter

13  626.

14         (c)  The advertisement of reduced premium rates is

15  prohibited. Effective 90 days after the effective date of this

16  act, no bail bond agency may use a name that implies a reduced

17  rate of premium.

18         (d)1.  A bail bond agent's advertising shall not

19  include statements that constitute a material

20  misrepresentation of facts, create unjust expectations about

21  service, or make improper comparisons.

22         2.  Bail bond agents may not own or advertise under

23  firm names that are false, misleading, or deceptive or use a

24  trade name that implies connection with a government, state,

25  or county agency.

26         3.  A bail bond agent may not use any advertisement or

27  advertise under any name that includes the word "free."

28         4.  A bail bond agent may not advertise under a trade

29  name unless the name and address appears on the bail bond

30  agent's letterhead or business cards. Such name shall be

31  registered with the department pursuant to s. 648.421.

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    File original & 9 copies    02/26/02
    hbd0005                     06:42 pm         01327-0110-321669




                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 1327

    Amendment No. 11 (for drafter's use only)





  1         5.  A bail bond agent may not make a material

  2  misrepresentation of fact or omit any material fact that makes

  3  a statement materially misleading.

  4         (7)  Any permissible advertising by a bail bond agent

  5  or agency must include the address of record filed with the

  6  department.

  7         (8)(a)  A person who has been convicted of or who has

  8  pleaded guilty or no contest to a felony or a crime involving

  9  moral turpitude or a crime punishable by imprisonment of 1

10  year or more under the law of any state, territory, or

11  country, regardless of whether adjudication of guilt was

12  withheld, may not participate as a director, officer, manager,

13  or employee, agent, contractor, or individual acting in any

14  other capacity for or on behalf of any bail bond agency or

15  office thereof or exercise direct or indirect control in any

16  manner in such agency or office or own shares in any closely

17  held corporation which has any interest in any bail bond

18  business. Such restrictions on engaging in the bail bond

19  business shall continue to apply during a pending appeal.

20         (b)  Any person who violates the provisions of

21  paragraph (a) or any person who knowingly permits a person who

22  has been convicted of or who has pleaded guilty or no contest

23  to a crime as described in paragraph (a) to engage in the bail

24  bond business as prohibited in paragraph (a) commits a felony

25  of the third degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084.

27         (c)  Any law enforcement agency, state attorney's

28  office, court clerk, or insurer that is aware that a bail bond

29  agent or, temporary bail bond agent, or runner has been

30  convicted of or who has pleaded guilty or no contest to a

31  crime as described in paragraph (a) shall notify the

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    File original & 9 copies    02/26/02
    hbd0005                     06:42 pm         01327-0110-321669




                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 1327

    Amendment No. 11 (for drafter's use only)





  1  department of this fact.

  2         (d)  Upon the filing of an information or indictment

  3  against a bail bond agent or, temporary bail bond agent, or

  4  runner, the state attorney or clerk of the circuit court shall

  5  immediately furnish the department a certified copy of the

  6  information or indictment.

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

  8  paragraph (1)(d), paragraph (1)(e), paragraph (1)(f),

  9  paragraph (1)(i), or paragraph (1)(m), or subsection (2)

10  commits a felony of the third degree, punishable as provided

11  in s. 775.082, s. 775.083, or s. 775.084.

12         (b)  Any person who violates the provisions of

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

14  paragraph (1)(j), or paragraph (1)(l), paragraph (1)(n), or

15  paragraph (1)(o), subsection (3), subsection (4), or

16  subsection (5) commits a misdemeanor of the first degree,

17  punishable as provided in s. 775.082 or s. 775.083.

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    File original & 9 copies    02/26/02
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