HOUSE AMENDMENT

    hbd-22                                        Bill No. HB 1327

    Amendment No. 2 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Garcia offered the following:

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13         Amendment 

14         On page 4, line 3 through page 5, line 11,

15  remove:  all of said lines

16

17  and insert:

18         Section 2.  Section 648.25, Florida Statutes, is

19  amended to read:

20         648.25  Definitions.--As The following words when used

21  in this chapter, the term have the meanings respectively

22  ascribed to them in this section:

23         (1)  "Bail bond agency" means:

24         (a)  The building where a licensee maintains an office

25  and where all records required by ss. 648.34 and 648.36 are

26  maintained; or

27         (b)  An entity that:

28         1.  Charges a fee or premium to release an accused

29  defendant or detainee from jail; or

30         2.  Engages in or employs others to engage in any

31  activity that may be performed only by a licensed and

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    File original & 9 copies    02/26/02
    hbd0005                     05:33 pm         01327-0110-534323




                                                   HOUSE AMENDMENT

    hbd-22                                        Bill No. HB 1327

    Amendment No. 2 (for drafter's use only)





  1  appointed bail bond agent.

  2         (2)(1)  "Bail bond agent" means a limited surety agent

  3  or a professional bail bond agent as hereafter defined.

  4         (3)(2)  "Department" means the Department of Insurance.

  5         (4)(3)  "Managing general agent" means any individual,

  6  partnership, association, or corporation appointed or employed

  7  by an insurer to supervise or manage the bail bond business

  8  written in this state by limited surety agents appointed by

  9  the insurer.

10         (5)(4)  "Insurer" means any domestic, foreign, or alien

11  surety company which has been authorized to transact surety

12  business in this state.

13         (5)  "Agency" means any business location at which a

14  licensed and appointed bail bond agent engages in any activity

15  or employs individuals to engage in any activity which by law

16  may be performed only by a licensed and appointed bail bond

17  agent.

18         (6)  "Limited surety agent" means any individual

19  appointed by an insurer by power of attorney to execute or

20  countersign bail bonds in connection with judicial proceedings

21  who receives or is promised money or other things of value

22  therefor.

23         (7)  "Primary bail bond agent" means a licensed bail

24  bond agent who is responsible for the overall operation and

25  management of a bail bond agency location and whose

26  responsibilities include hiring and supervising all

27  individuals within that location. A bail bond agent may be

28  designated as primary bail bond agent for only one bail bond

29  agency location.

30         (8)(7)  "Professional bail bond agent" means any person

31  who pledges United States currency, United States postal money

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    File original & 9 copies    02/26/02
    hbd0005                     05:33 pm         01327-0110-534323




                                                   HOUSE AMENDMENT

    hbd-22                                        Bill No. HB 1327

    Amendment No. 2 (for drafter's use only)





  1  orders, or cashier's checks as security for a bail bond in

  2  connection with a judicial proceeding and receives or is

  3  promised therefor money or other things of value.

  4         (8)  "Runner" means a person employed by a bail bond

  5  agent, insurer, or managing general agent for the purpose of

  6  assisting the bail bond agent in presenting the defendant in

  7  court when required or employed by the bail bond agent to

  8  assist in the apprehension and surrender of the defendant to

  9  the court or keeping the defendant under necessary

10  surveillance.  This does not affect the right of a bail bond

11  agent or insurer to hire counsel or to obtain the assistance

12  of law enforcement officers.

13         (9)  "Temporary bail bond agent" means a person

14  employed by a bail bond agent or agency, insurer, or managing

15  general agent, and such licensee has shall have the same

16  authority as conferred and authorized by law upon a licensed

17  bail bond agent, including which shall include presenting

18  defendants in court;, apprehending, arresting, and

19  surrendering defendants to the proper authorities, while

20  accompanied by a supervising bail bond agent or an agent from

21  the same agency; and keeping defendants under necessary

22  surveillance.; However, a temporary licensee may not shall not

23  have the authority to execute or sign bonds, handle collateral

24  receipts, or deliver bonds to appropriate authorities. A

25  temporary licensee may not operate an agency or branch agency

26  separate from the location of the supervising bail bond agent,

27  managing general agent, or insurer by whom the licensee is

28  employed. This does not affect the right of a bail bond agent

29  or insurer to hire counsel or to obtain the assistance of law

30  enforcement officers.

31

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    File original & 9 copies    02/26/02
    hbd0005                     05:33 pm         01327-0110-534323