Florida Senate - 2022                                     SB 822
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00610A-22                                           2022822__
    1                        A bill to be entitled                      
    2         An act relating to bail bond agents; amending s.
    3         648.285, F.S.; providing that persons who manage bail
    4         bond agencies are subject to certain requirements;
    5         revising requirements for persons who own, control,
    6         manage, or have pecuniary interests in bail bond
    7         agencies; amending s. 648.355, F.S.; providing for
    8         licensure, rather than temporary licensure, of limited
    9         surety agents and professional bail bond agents;
   10         revising the timeframe for an applicant’s completion
   11         of specified coursework before applying for licensure;
   12         amending s. 648.386, F.S.; revising criteria for
   13         approval and certification as an approved limited
   14         surety agent and professional bail bond agent
   15         continuing education school to require continuing
   16         education classes to be classroom instruction;
   17         creating s. 648.3875, F.S.; specifying requirements
   18         for applications for designation as a primary bail
   19         bond agent; specifying qualifications for primary bail
   20         bond agents; repealing s. 648.41, F.S., relating to
   21         termination of appointment of temporary bail bond
   22         agents; amending s. 648.42, F.S.; revising the
   23         entities from whom a bail bond agent must receive
   24         licensure and appointment before registering as a bail
   25         bond agent; conforming provisions to changes made by
   26         the act; amending ss. 648.25, 648.27, 648.30, 648.31,
   27         648.34, 648.382, 648.39, 648.44, 648.441, and 648.50,
   28         F.S.; conforming provisions to changes made by the
   29         act; amending s. 784.07, F.S.; defining the term “bail
   30         bond agent”; providing penalties for the assault or
   31         battery upon a bail bond agent; amending s. 843.021,
   32         F.S.; conforming a provision to changes made by the
   33         act; revising a defense to the charge of unlawful
   34         possession of a concealed handcuff key; amending s.
   35         903.28, F.S.; specifying procedures for remission of
   36         forfeitures of deceased defendants; revising the
   37         amounts of forfeitures that must be remitted;
   38         specifying procedures for remission of forfeitures of
   39         defendants for whom the state is unwilling to seek
   40         extradition; providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Subsection (8) of section 648.25, Florida
   45  Statutes, is amended to read:
   46         648.25 Definitions.—As used in this chapter, the term:
   47         (8) “Temporary bail bond agent” means a person employed by
   48  a bail bond agent or agency, insurer, or managing general agent,
   49  and such licensee has the same authority as a licensed bail bond
   50  agent, including presenting defendants in court; apprehending,
   51  arresting, and surrendering defendants to the proper
   52  authorities, while accompanied by a supervising bail bond agent
   53  or an agent from the same agency; and keeping defendants under
   54  necessary surveillance. However, a temporary licensee may not
   55  execute or sign bonds, handle collateral receipts, or deliver
   56  bonds to appropriate authorities. A temporary licensee may not
   57  operate an agency or branch agency separate from the location of
   58  the supervising bail bond agent, managing general agent, or
   59  insurer by whom the licensee is employed. This does not affect
   60  the right of a bail bond agent or insurer to hire counsel or to
   61  obtain the assistance of law enforcement officers.
   62         Section 2. Subsection (5) of section 648.27, Florida
   63  Statutes, is amended to read:
   64         648.27 Licenses and appointments; general.—
   65         (5)(a) The license of a bail bond agent shall continue in
   66  force, without further examination unless deemed necessary by
   67  the department, until suspended, revoked, or otherwise
   68  terminated.
   69         (b) The license of a temporary bail bond agent shall
   70  continue in force until suspended, revoked, or otherwise
   71  terminated.
   72         Section 3. Subsection (1) of section 648.285, Florida
   73  Statutes, is amended to read:
   74         648.285 Bond agency; ownership requirements.—
   75         (1) A person may not own, control, manage, or otherwise
   76  have a pecuniary interest in a bail bond agency unless such
   77  individual is a licensed, and appointed, employed, and actively
   78  engaged as a bail bond agent for at least 24 months following
   79  the date of issuance of a license pursuant to s. 648.27. Any
   80  agency that is not in compliance with this subsection shall be
   81  subject to the issuance of an immediate final order of
   82  suspension of all operations until the agency achieves
   83  compliance.
   84         Section 4. Subsection (1) of section 648.30, Florida
   85  Statutes, is amended to read:
   86         648.30 Licensure and appointment required; prohibited acts;
   87  penalties.—
   88         (1) A person may not act in the capacity of a bail bond
   89  agent or temporary bail bond agent or perform any of the
   90  functions, duties, or powers prescribed for bail bond agents or
   91  temporary bail bond agents under this chapter unless that person
   92  is qualified, licensed, and appointed as provided in this
   93  chapter.
   94         Section 5. Section 648.31, Florida Statutes, is amended to
   95  read:
   96         648.31 Appointment taxes and fees.—The department shall
   97  collect in advance all appointment taxes and fees for the
   98  issuance of any appointment to a bail bond agent or temporary
   99  bail bond agent, as provided in s. 624.501.
  100         Section 6. Subsection (2) of section 648.34, Florida
  101  Statutes, is amended to read:
  102         648.34 Bail bond agents; qualifications.—
  103         (2) To qualify as a bail bond agent, it must affirmatively
  104  appear at the time of application and throughout the period of
  105  licensure that the applicant has complied with the provisions of
  106  s. 648.355 and has obtained a temporary license pursuant to such
  107  section and:
  108         (a) The applicant Is a natural person who has reached the
  109  age of 18 years and holds a high school diploma or its
  110  equivalent.
  111         (b) The applicant Is a United States citizen or legal alien
  112  who possesses work authorization from the United States Bureau
  113  of Citizenship and Immigration Services and is a resident of
  114  this state. An individual who is a resident of this state shall
  115  be deemed to meet the residence requirement of this paragraph,
  116  notwithstanding the existence, at the time of application for
  117  license, of a license in the applicant’s name on the records of
  118  another state as a resident licensee of such other state, if the
  119  applicant furnishes a letter of clearance satisfactory to the
  120  department that his or her resident licenses have been canceled
  121  or changed to a nonresident basis and that he or she is in good
  122  standing.
  123         (c) Will maintain his or her The place of business of the
  124  applicant will be located in this state and in the county where
  125  the applicant will maintain his or her records and be actively
  126  engaged in the bail bond business and maintain an agency
  127  accessible to the public which is open for reasonable business
  128  hours.
  129         (d) The applicant Is vouched for and recommended upon sworn
  130  statements filed with the department by at least three reputable
  131  citizens who are residents of the same counties in which the
  132  applicant proposes to engage in the bail bond business.
  133         (e) The applicant Is a person of high character and
  134  approved integrity and has not been convicted of or pleaded
  135  guilty or no contest to a felony, a crime involving moral
  136  turpitude, or a crime punishable by imprisonment of 1 year or
  137  more under the law of any state, territory, or country, whether
  138  or not a judgment or conviction has been entered.
  139         (f) The applicant Has passed any required examination.
  140         Section 7. Section 648.355, Florida Statutes, is amended to
  141  read:
  142         648.355 Temporary limited license as Limited surety agents
  143  and agent or professional bail bond agents agent; qualifications
  144  pending examination.—
  145         (1) The department may, in its discretion, issue a
  146  temporary license as a limited surety agent or professional bail
  147  bond agent, subject to the following conditions:
  148         (a) The applicant is a natural person at least 18 years of
  149  age and holds a high school diploma or its equivalent.
  150         (b) The applicant is a United States citizen or legal alien
  151  who possesses work authorization from the United States Bureau
  152  of Citizenship and Immigration Services and is a resident of
  153  this state. An individual who is a resident of this state shall
  154  be deemed to meet the residence requirement of this paragraph,
  155  notwithstanding the existence, at the time of application for a
  156  temporary license, of a license in the individual’s name on the
  157  records of another state as a resident licensee of such other
  158  state, if the applicant furnishes a letter of clearance
  159  satisfactory to the department that the individual’s resident
  160  licenses have been canceled or changed to a nonresident basis
  161  and that the individual is in good standing.
  162         (c) The applicant is a person of high character and
  163  approved integrity and has never been convicted of or pleaded
  164  guilty or no contest to a felony, a crime involving moral
  165  turpitude, or a crime punishable by imprisonment of 1 year or
  166  more under the law of any state, territory, or country, whether
  167  or not a judgment or conviction is entered.
  168         (d) Within 2 4 years before prior to the date of
  169  application for a temporary license, the applicant has
  170  successfully completed a basic certification course in the
  171  criminal justice system, consisting of not less than 120 hours
  172  of classroom instruction with a passing grade of 80 percent or
  173  higher and has successfully completed a correspondence course
  174  for bail bond agents approved by the department.
  175         (e) The applicant must be employed full time at the time of
  176  licensure, and at all times throughout the existence of the
  177  temporary license, by only one licensed and appointed
  178  supervising bail bond agent, who supervises the work of the
  179  applicant and is responsible for the licensee’s conduct in the
  180  bail bond business. The applicant must be appointed by the same
  181  insurers as the supervising bail bond agent. The supervising
  182  bail bond agent shall certify monthly to the department under
  183  oath, on a form prescribed by the department, the names and
  184  hours worked each week of all temporary bail bond agents. Filing
  185  a false certification is grounds for the immediate suspension of
  186  the license and imposition of a $5,000 administrative fine. The
  187  department may adopt rules that establish standards for the
  188  employment requirements.
  189         (f) The application must be accompanied by an affidavit
  190  verifying proposed employment and a report as to the applicant’s
  191  integrity and moral character on a form prescribed by the
  192  department and executed by the proposed employer.
  193         (f)(g) The applicant must file with the department
  194  statements by at least three reputable citizens who are
  195  residents of the same counties in which the applicant proposes
  196  to engage as a temporary licensee.
  197         (g)(h) The applicant’s employer is responsible for the bail
  198  bonding acts of any licensee under this section.
  199         (2) All applicable license fees, as prescribed in s.
  200  624.501, must be paid before issuance of the temporary license.
  201         (3) The temporary license shall be effective for 18 months,
  202  subject to earlier termination at the request of the employer or
  203  if suspended or revoked by the department.
  204         (4) The applicant shall furnish, with the application for
  205  temporary license, a complete set of the applicant’s
  206  fingerprints and a recent credential-sized, fullface photograph
  207  of the applicant. The applicant’s fingerprints shall be
  208  certified by an authorized law enforcement officer. The
  209  department shall not issue a temporary license under this
  210  section until the department has received a report from the
  211  Department of Law Enforcement and the Federal Bureau of
  212  Investigation relative to the existence or nonexistence of a
  213  criminal history report based on the applicant’s fingerprints.
  214         (4)(5) The department may collect a fee necessary to cover
  215  the cost of a character and credit report made by an established
  216  and reputable independent reporting service. The fee shall be
  217  deposited to the credit of the Insurance Regulatory Trust Fund.
  218         (6) After licensure as a temporary licensee for at least 12
  219  months, such licensee may file an application for and become
  220  eligible for a regular bail bond agent’s license based on the
  221  licensee’s experience in the bail bond business and education
  222  pursuant to paragraph (1)(d) and, if otherwise qualified, take
  223  the required bail bond agent’s licensure examination. The
  224  applicant and supervising bail bond agent must each file an
  225  affidavit under oath, on a form prescribed by the department,
  226  verifying the required employment of the temporary agent before
  227  issuance of the license.
  228         (7) In no event shall a temporary licensee licensed under
  229  this section perform any of the functions for which a bail bond
  230  agent’s license is required after expiration of the temporary
  231  license without having passed the written examination as for a
  232  regular bail bond agent’s license.
  233         (8)(a) A temporary licensee has the same authority as a
  234  licensed bail bond agent, including presenting defendants in
  235  court; apprehending, arresting, and surrendering defendants to
  236  the proper authorities; and keeping defendants under necessary
  237  surveillance. However, a temporary licensee must be accompanied
  238  by a supervising bail bond agent or an agent from the same
  239  agency when apprehending, arresting, or surrendering defendants
  240  to authorities.
  241         (b) A temporary licensee may not execute or sign bonds,
  242  handle collateral receipts, deliver bonds to appropriate
  243  authorities, or operate an agency or branch agency separate from
  244  the location of the supervising bail bond agent, managing
  245  general agent, or insurer by whom the licensee is employed.
  246         (9) The department shall not issue a temporary bail bond
  247  agent’s license to any individual who has held such a temporary
  248  license in this state within 2 years after the expiration of
  249  such temporary bail bond agent’s license.
  250         Section 8. Subsections (1) through (4) of section 648.382,
  251  Florida Statutes, are amended to read:
  252         648.382 Appointment of bail bond agents and temporary bail
  253  bond agents; effective date of appointment.—
  254         (1) Each insurer appointing a bail bond agent and each
  255  insurer, managing general agent, or bail bond agent appointing a
  256  temporary bail bond agent in this state must file the
  257  appointment with the department and, at the same time, pay the
  258  applicable appointment fees and taxes. A person appointed under
  259  this section must hold a valid bail bond agent’s or temporary
  260  bail bond agent’s license.
  261         (2) Before Prior to any appointment, an appropriate officer
  262  or official of the appointing insurer in the case of a bail bond
  263  agent or an insurer, managing general agent, or bail bond agent
  264  in the case of a temporary bail bond agent must submit:
  265         (a) A certified statement or affidavit to the department
  266  stating what investigation has been made concerning the proposed
  267  appointee and the proposed appointee’s background and the
  268  appointing person’s opinion to the best of his or her knowledge
  269  and belief as to the moral character and reputation of the
  270  proposed appointee. In lieu of such certified statement or
  271  affidavit, by authorizing the effectuation of an appointment for
  272  a licensee, the appointing entity certifies to the department
  273  that such investigation has been made and that the results of
  274  the investigation and the appointing person’s opinion is that
  275  the proposed appointee is a person of good moral character and
  276  reputation and is fit to engage in the bail bond business;
  277         (b) An affidavit under oath on a form prescribed by the
  278  department, signed by the proposed appointee, stating that
  279  premiums are not owed to any insurer and that the appointee will
  280  discharge all outstanding forfeitures and judgments on bonds
  281  previously written. If the appointee does not satisfy or
  282  discharge such forfeitures or judgments, the former insurer
  283  shall file a notice, with supporting documents, with the
  284  appointing insurer, the former agent, and the department,
  285  stating under oath that the licensee has failed to timely
  286  satisfy forfeitures and judgments on bonds written and that the
  287  insurer has satisfied the forfeiture or judgment from its own
  288  funds. Upon receipt of such notification and supporting
  289  documents, the appointing insurer shall immediately cancel the
  290  licensee’s appointment. The licensee may be reappointed only
  291  upon certification by the former insurer that all forfeitures
  292  and judgments on bonds written by the licensee have been
  293  discharged. The appointing insurer or former agent may, within
  294  10 days, file a petition with the department seeking relief from
  295  this paragraph. Filing of the petition stays the duty of the
  296  appointing insurer to cancel the appointment until the
  297  department grants or denies the petition; and
  298         (c) Any other information that the department reasonably
  299  requires concerning the proposed appointee.
  300         (3) By authorizing the effectuation of an appointment for a
  301  licensee, the appointing insurer certifies to the department
  302  that the insurer will be bound by the acts of the bail bond
  303  agent acting within the scope of his or her appointment, and, in
  304  the case of a temporary bail bond agent, the appointing insurer,
  305  managing general agent, or bail bond agent, as the case may be,
  306  must certify to the department that he or she will supervise the
  307  temporary bail bond agent’s activities.
  308         (4) Each appointing insurer or, managing general agent, or
  309  bail bond agent must advise the department in writing within 5
  310  days after receiving notice or learning that an appointee has
  311  been arrested for, pled guilty or nolo contendere to, or been
  312  found guilty of, a felony or other offense punishable by
  313  imprisonment of 1 year or more under the law of any
  314  jurisdiction, whether judgment was entered or withheld by the
  315  court.
  316         Section 9. Subsection (2) of section 648.386, Florida
  317  Statutes, is amended to read:
  318         648.386 Qualifications for prelicensing and continuing
  319  education schools and instructors.—
  320         (2) SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION
  321  SCHOOLS.—In order to be considered for approval and
  322  certification as an approved limited surety agent and
  323  professional bail bond agent continuing education school, such
  324  entity must:
  325         (a) Provide a minimum of three classroom-instruction
  326  continuing education classes per calendar year.
  327         (b) Submit a course curriculum to the department for
  328  approval.
  329         (c) Offer continuing education classes which are comprised
  330  of a minimum of 2 hours of approved classroom-instruction
  331  coursework and are taught by an approved supervising instructor
  332  or guest lecturer approved by the entity or the supervising
  333  instructor.
  334         Section 10. Section 648.3875, Florida Statutes, is created
  335  to read:
  336         648.3875 Primary bail bond agents; qualifications.—
  337         (1) An application for designation as a primary bail bond
  338  agent must be submitted on forms prescribed by the department.
  339  The application must include the applicant’s full name; date of
  340  birth; social security number; residence, business, and mailing
  341  addresses; contact telephone numbers, including a business
  342  telephone number; e-mail address; and the number and date of
  343  issuance of the applicant’s license issued pursuant to s.
  344  648.27.
  345         (2) To qualify as a primary bail bond agent, it must
  346  affirmatively appear at the time of application and throughout
  347  the period of licensure that the applicant has complied with s.
  348  648.285 and has been licensed and appointed for the 2 previous
  349  years.
  350         Section 11. Section 648.39, Florida Statutes, is amended to
  351  read:
  352         648.39 Termination of appointment of managing general
  353  agents, and bail bond agents, and temporary bail bond agents.—
  354         (1) An insurer who terminates the appointment of a managing
  355  general agent, or bail bond agent, or temporary bail bond agent
  356  shall, within 10 days after such termination, file written
  357  notice thereof with the department together with a statement
  358  that it has given or mailed notice to the terminated agent. Such
  359  notice filed with the department must state the reasons, if any,
  360  for such termination. Information so furnished the department is
  361  confidential and exempt from the provisions of s. 119.07(1).
  362         (2) Each insurer shall, within 5 days after terminating the
  363  appointment of any managing general agent, or bail bond agent,
  364  or temporary bail bond agent, give written notice thereof to
  365  each clerk of the circuit court and sheriff with whom such
  366  person is registered.
  367         (3) An insurer that terminates the appointment of a
  368  managing general agent, or bail bond agent, or temporary bail
  369  bond agent may authorize such person to continue to attempt the
  370  arrest and surrender of a defendant for whom a surety bond had
  371  been written by the bail bond agent before prior to termination
  372  and to seek discharge of forfeitures and judgments as provided
  373  in chapter 903.
  374         Section 12. Section 648.41, Florida Statutes, is repealed.
  375         Section 13. Section 648.42, Florida Statutes, is amended to
  376  read:
  377         648.42 Registration of bail bond agents.—A bail bond agent
  378  may not become a surety on an undertaking unless he or she has
  379  registered in the office of the sheriff and with the clerk of
  380  the circuit court in the county in which the bail bond agent
  381  resides. The bail bond agent may register in a like manner in
  382  any other county, and any bail bond agent shall file a certified
  383  copy of his or her appointment by power of attorney from each
  384  insurer which he or she represents as a bail bond agent with
  385  each of such officers. Registration and filing of a certified
  386  copy of renewed power of attorney shall be performed by April 1
  387  of each odd-numbered year. The clerk of the circuit court and
  388  the sheriff shall not permit the registration of a bail bond
  389  agent unless such bail bond agent is currently licensed by the
  390  department and appointed by an insurer the department. Nothing
  391  in this section shall prevent the registration of a temporary
  392  licensee at the jail for the purposes of enabling the licensee
  393  to perform the duties under such license as set forth in this
  394  chapter.
  395         Section 14. Subsections (1) and (2) and paragraphs (c) and
  396  (d) of subsection (8) of section 648.44, Florida Statutes, are
  397  amended to read:
  398         648.44 Prohibitions; penalty.—
  399         (1) A bail bond agent or temporary bail bond agent may not:
  400         (a) Suggest or advise the employment of, or name for
  401  employment, any particular attorney to represent his or her
  402  principal.
  403         (b) Directly or indirectly solicit business in or on the
  404  property or grounds of a jail, prison, or other place where
  405  prisoners are confined or in or on the property or grounds of
  406  any court. The term “solicitation” includes the distribution of
  407  business cards, print advertising, or other written or oral
  408  information directed to prisoners or potential indemnitors,
  409  unless a request is initiated by the prisoner or a potential
  410  indemnitor. Permissible print advertising in the jail is
  411  strictly limited to a listing in a telephone directory and the
  412  posting of the bail bond agent’s or agency’s name, address, and
  413  telephone number in a designated location within the jail.
  414         (c) Initiate in-person or telephone solicitation after 9:00
  415  p.m. or before 8:00 a.m., in the case of domestic violence
  416  cases, at the residence of the detainee or the detainee’s
  417  family. Any solicitation not prohibited by this chapter must
  418  comply with the telephone solicitation requirements in ss.
  419  501.059(2) and (4), 501.613, and 501.616(6).
  420         (d) Wear or display any identification other than the
  421  department issued or approved license or approved department
  422  identification, which includes a citation of the licensee’s
  423  arrest powers, in or on the property or grounds of a jail,
  424  prison, or other place where prisoners are confined or in or on
  425  the property or grounds of any court.
  426         (e) Pay a fee or rebate or give or promise anything of
  427  value to a jailer, police officer, peace officer, or committing
  428  trial court judge or any other person who has power to arrest or
  429  to hold in custody or to any public official or public employee
  430  in order to secure a settlement, compromise, remission, or
  431  reduction of the amount of any bail bond or estreatment thereof.
  432         (f) Pay a fee or rebate or give anything of value to an
  433  attorney in a bail bond matter, except in defense of any action
  434  on a bond.
  435         (g) Pay a fee or rebate or give or promise anything of
  436  value to the principal or anyone in his or her behalf.
  437         (h) Participate in the capacity of an attorney at a trial
  438  or hearing of one on whose bond he or she is surety.
  439         (i) Loiter in or about a jail, courthouse, or where
  440  prisoners are confined.
  441         (j) Accept anything of value from a principal for providing
  442  a bail bond except the premium and transfer fee authorized by
  443  the office, except that the bail bond agent may accept
  444  collateral security or other indemnity from the principal or
  445  another person in accordance with the provisions of s. 648.442,
  446  together with documentary stamp taxes, if applicable. No fees,
  447  expenses, or charges of any kind shall be permitted to be
  448  deducted from the collateral held or any return premium due,
  449  except as authorized by this chapter or rule of the department
  450  or commission. A bail bond agent may, upon written agreement
  451  with another party, receive a fee or compensation for returning
  452  to custody an individual who has fled the jurisdiction of the
  453  court or caused the forfeiture of a bond.
  454         (k) Write more than one power of attorney per charge on a
  455  bond, except in the case of a cosurety, unless the power of
  456  attorney prohibits a cosurety.
  457         (l) Execute a bond in this state on his or her own behalf.
  458         (m) Execute a bond in this state if a judgment has been
  459  entered on a bond executed by the bail bond agent, which has
  460  remained unpaid for 35 days, unless the full amount of the
  461  judgment is deposited with the clerk in accordance with s.
  462  903.27(5).
  463         (n) Make a statement or representation to a court, unless
  464  such statement or representation is under oath. Such statement
  465  or representation may not be false, misleading, or deceptive.
  466         (o) Attempt to collect, through threat or coercion, amounts
  467  due for the payment of any indebtedness related to the issuance
  468  of a bail bond in violation of s. 559.72.
  469         (p) Conduct bail bond business with any person, other than
  470  the defendant, on the grounds of the jail or courthouse for the
  471  purpose of executing a bond.
  472         (2) The following persons or classes shall not be bail bond
  473  agents, temporary bail bond agents, or employees of a bail bond
  474  agent or a bail bond business and shall not directly or
  475  indirectly receive any benefits from the execution of any bail
  476  bond:
  477         (a) Jailers or persons employed in any jail.
  478         (b) Police officers or employees of any police department
  479  or law enforcement agency.
  480         (c) Committing trial court judges, employees of a court, or
  481  employees of the clerk of any court.
  482         (d) Sheriffs and deputy sheriffs or employees of any
  483  sheriff’s department.
  484         (e) Attorneys.
  485         (f) Persons having the power to arrest or persons who have
  486  authority over or control of federal, state, county, or
  487  municipal prisoners.
  488         (8)
  489         (c) Any law enforcement agency, state attorney’s office,
  490  court clerk, or insurer that is aware that a bail bond agent or
  491  temporary bail bond agent has been convicted of or who has
  492  pleaded guilty or no contest to a crime as described in
  493  paragraph (a) shall notify the department of this fact.
  494         (d) Upon the filing of an information or indictment against
  495  a bail bond agent or temporary bail bond agent, the state
  496  attorney or clerk of the circuit court shall immediately furnish
  497  the department a certified copy of the information or
  498  indictment.
  499         Section 15. Subsection (1) of section 648.441, Florida
  500  Statutes, is amended to read:
  501         648.441 Furnishing supplies to unlicensed bail bond agent
  502  prohibited; civil liability and penalty.—
  503         (1) An insurer, managing general agent, or bail bond agent,
  504  or temporary bail bond agent appointed under this chapter may
  505  not furnish to any person any blank forms, applications,
  506  stationery, business card, or other supplies to be used in
  507  soliciting, negotiating, or effecting bail bonds until such
  508  person has received from the department a license to act as a
  509  bail bond agent and is appointed by the insurer. This section
  510  does not prohibit an unlicensed employee, under the direct
  511  supervision and control of a licensed and appointed bail bond
  512  agent, from possessing or executing in the bail bond agency, any
  513  forms, except for powers of attorney, bond forms, and collateral
  514  receipts, while acting within the scope of his or her
  515  employment.
  516         Section 16. Section 648.50, Florida Statutes, is amended to
  517  read:
  518         648.50 Effect of suspension, revocation upon associated
  519  licenses and licensees.—
  520         (1) Upon the suspension, revocation, or refusal to renew or
  521  continue any license or appointment or the eligibility to hold a
  522  license or appointment of a bail bond agent or temporary bail
  523  bond agent, the department shall at the same time likewise
  524  suspend or revoke all other licenses or appointments and the
  525  eligibility to hold any other such licenses or appointments
  526  which may be held by the licensee under the Florida Insurance
  527  Code.
  528         (2) In case of the suspension or revocation of the license
  529  or appointment, or the eligibility to hold a license or
  530  appointment, of any bail bond agent, the license, appointment,
  531  or eligibility of any and all bail bond agents who are members
  532  of a bail bond agency, whether incorporated or unincorporated,
  533  and any and all temporary bail bond agents employed by such bail
  534  bond agency, who knowingly are parties to the act which formed
  535  the ground for the suspension or revocation may likewise be
  536  suspended or revoked.
  537         (3) No person whose license as a bail bond agent or
  538  temporary bail bond agent has been revoked or suspended shall be
  539  employed by any bail bond agent, have any ownership interest in
  540  any business involving bail bonds, or have any financial
  541  interest of any type in any bail bond business during the period
  542  of revocation or suspension.
  543         Section 17. Present paragraphs (a) through (f) of
  544  subsection (1) of section 784.07, Florida Statutes, are
  545  redesignated as paragraphs (b) through (g), respectively, a new
  546  paragraph (a) is added to that subsection, and subsection (2) of
  547  that section is amended, to read:
  548         784.07 Assault or battery of law enforcement officers,
  549  firefighters, emergency medical care providers, public transit
  550  employees or agents, or other specified officers;
  551  reclassification of offenses; minimum sentences.—
  552         (1) As used in this section, the term:
  553         (a) “Bail bond agent means any individual appointed by an
  554  insurer by power of attorney to execute or countersign bail
  555  bonds in connection with judicial proceedings and who receives
  556  or is promised money or other things of value for such duties or
  557  any person licensed pursuant to s. 648.27.
  558         (2) Whenever any person is charged with knowingly
  559  committing an assault or battery upon a law enforcement officer,
  560  a firefighter, an emergency medical care provider, a bail bond
  561  agent, a railroad special officer, a traffic accident
  562  investigation officer as described in s. 316.640, a nonsworn law
  563  enforcement agency employee who is certified as an agency
  564  inspector, a blood alcohol analyst, or a breath test operator
  565  while such employee is in uniform and engaged in processing,
  566  testing, evaluating, analyzing, or transporting a person who is
  567  detained or under arrest for DUI, a law enforcement explorer, a
  568  traffic infraction enforcement officer as described in s.
  569  316.640, a parking enforcement specialist as defined in s.
  570  316.640, a person licensed as a security officer as defined in
  571  s. 493.6101 and wearing a uniform that bears at least one patch
  572  or emblem that is visible at all times that clearly identifies
  573  the employing agency and that clearly identifies the person as a
  574  licensed security officer, or a security officer employed by the
  575  board of trustees of a community college, while the officer,
  576  firefighter, emergency medical care provider, bail bond agent,
  577  railroad special officer, traffic accident investigation
  578  officer, traffic infraction enforcement officer, inspector,
  579  analyst, operator, law enforcement explorer, parking enforcement
  580  specialist, public transit employee or agent, or security
  581  officer is engaged in the lawful performance of his or her
  582  duties, the offense for which the person is charged shall be
  583  reclassified as follows:
  584         (a) In the case of assault, from a misdemeanor of the
  585  second degree to a misdemeanor of the first degree.
  586         (b) In the case of battery, from a misdemeanor of the first
  587  degree to a felony of the third degree. Notwithstanding any
  588  other provision of law, a person convicted of battery upon a law
  589  enforcement officer committed in furtherance of a riot or an
  590  aggravated riot prohibited under s. 870.01 shall be sentenced to
  591  a minimum term of imprisonment of 6 months.
  592         (c) In the case of aggravated assault, from a felony of the
  593  third degree to a felony of the second degree. Notwithstanding
  594  any other provision of law, any person convicted of aggravated
  595  assault upon a law enforcement officer shall be sentenced to a
  596  minimum term of imprisonment of 3 years.
  597         (d) In the case of aggravated battery, from a felony of the
  598  second degree to a felony of the first degree. Notwithstanding
  599  any other provision of law, any person convicted of aggravated
  600  battery of a law enforcement officer shall be sentenced to a
  601  minimum term of imprisonment of 5 years.
  602         Section 18. Paragraph (a) of subsection (4) of section
  603  843.021, Florida Statutes, is amended to read:
  604         843.021 Unlawful possession of a concealed handcuff key.—
  605         (4)(a) It is a defense to a charge of violating this
  606  section that the person in custody and in possession of a
  607  concealed handcuff key is:
  608         1. A federal, state, or local law enforcement officer,
  609  including a reserve or auxiliary officer, a licensed security
  610  officer, or a private investigator as defined in s. 493.6101; or
  611         2. A professional bail bond agent, temporary bail bond
  612  agent, runner, or limited surety agent as defined in s. 648.25.
  613         Section 19. Section 903.28, Florida Statutes, is amended to
  614  read:
  615         903.28 Remission of forfeiture; conditions.—
  616         (1) On application within 2 years from forfeiture, the
  617  court shall order remission of the forfeiture if it determines
  618  that there was no breach of the bond.
  619         (2) If the defendant surrenders or is apprehended or
  620  deceased within 90 days after forfeiture, the court, on motion
  621  at a hearing upon notice having been given to the clerk of the
  622  circuit court and the state attorney as required in subsection
  623  (9) (8), shall direct remission of up to, but not more than, 100
  624  percent of a forfeiture if the surety apprehended and
  625  surrendered the defendant or if the apprehension or surrender of
  626  the defendant was substantially procured or caused by the
  627  surety;, or the surety has substantially attempted to procure or
  628  cause the apprehension or surrender of the defendant, and the
  629  delay has not thwarted the proper prosecution of the defendant;
  630  or the defendant is deceased. In addition, remission shall be
  631  granted when the surety did not substantially participate or
  632  attempt to participate in the apprehension or surrender of the
  633  defendant when the costs of returning the defendant to the
  634  jurisdiction of the court have been deducted from the remission
  635  and when the delay has not thwarted the proper prosecution of
  636  the defendant.
  637         (3) If the defendant surrenders or is apprehended or
  638  deceased within 180 days after forfeiture, the court, on motion
  639  at a hearing upon notice having been given to the clerk of the
  640  circuit court and the state attorney as required in subsection
  641  (9) (8), shall direct remission of up to, but not more than, 95
  642  percent of a forfeiture if the surety apprehended and
  643  surrendered the defendant or if the apprehension or surrender of
  644  the defendant was substantially procured or caused by the
  645  surety;, or the surety has substantially attempted to procure or
  646  cause the apprehension or surrender of the defendant, and the
  647  delay has not thwarted the proper prosecution of the defendant;
  648  or the defendant is deceased. In addition, remission shall be
  649  granted when the surety did not substantially participate or
  650  attempt to participate in the apprehension or surrender of the
  651  defendant when the costs of returning the defendant to the
  652  jurisdiction of the court have been deducted from the remission
  653  and when the delay has not thwarted the proper prosecution of
  654  the defendant.
  655         (4) If the defendant surrenders or is apprehended or
  656  deceased within 270 days after forfeiture, the court, on motion
  657  at a hearing upon notice having been given to the clerk of the
  658  circuit court and the state attorney as required in subsection
  659  (9) (8), shall direct remission of up to, but not more than, 90
  660  percent of a forfeiture if the surety apprehended and
  661  surrendered the defendant or if the apprehension or surrender of
  662  the defendant was substantially procured or caused by the
  663  surety;, or the surety has substantially attempted to procure or
  664  cause the apprehension or surrender of the defendant, and the
  665  delay has not thwarted the proper prosecution of the defendant;
  666  or the defendant is deceased. In addition, remission shall be
  667  granted when the surety did not substantially participate or
  668  attempt to participate in the apprehension or surrender of the
  669  defendant when the costs of returning the defendant to the
  670  jurisdiction of the court have been deducted from the remission
  671  and when the delay has not thwarted the proper prosecution of
  672  the defendant.
  673         (5) If the defendant surrenders or is apprehended or
  674  deceased within 1 year after forfeiture, the court, on motion at
  675  a hearing upon notice having been given to the clerk of the
  676  circuit court and the state attorney as required in subsection
  677  (9) (8), shall direct remission of up to, but not more than, 85
  678  percent of a forfeiture if the surety apprehended and
  679  surrendered the defendant or if the apprehension or surrender of
  680  the defendant was substantially procured or caused by the
  681  surety;, or the surety has substantially attempted to procure or
  682  cause the apprehension or surrender of the defendant, and the
  683  delay has not thwarted the proper prosecution of the defendant;
  684  or the defendant is deceased. In addition, remission shall be
  685  granted when the surety did not substantially participate or
  686  attempt to participate in the apprehension or surrender of the
  687  defendant when the costs of returning the defendant to the
  688  jurisdiction of the court have been deducted from the remission
  689  and when the delay has not thwarted the proper prosecution of
  690  the defendant.
  691         (6) If the defendant surrenders or is apprehended or
  692  deceased within 2 years after forfeiture, the court, on motion
  693  at a hearing upon notice having been given to the clerk of the
  694  circuit court and the state attorney as required in subsection
  695  (9) (8), shall direct remission of up to, but not more than, 50
  696  percent of a forfeiture if the surety apprehended and
  697  surrendered the defendant or if the apprehension or surrender of
  698  the defendant was substantially procured or caused by the
  699  surety;, or the surety has substantially attempted to procure or
  700  cause the apprehension or surrender of the defendant, and the
  701  delay has not thwarted the proper prosecution of the defendant;
  702  or the defendant is deceased. In addition, remission shall be
  703  granted when the surety did not substantially participate or
  704  attempt to participate in the apprehension or surrender of the
  705  defendant when the costs of returning the defendant to the
  706  jurisdiction of the court have been deducted from the remission
  707  and when the delay has not thwarted the proper prosecution of
  708  the defendant.
  709         (7) For a period of 2 years after the date of forfeiture,
  710  if the state is unwilling to seek extradition of the defendant
  711  from any jail or prison after a request by the surety agent or
  712  the surety company, and contingent upon the surety agent or
  713  surety company consenting to pay all costs incurred by an
  714  official in returning the defendant to the jurisdiction of the
  715  court, up to the penal amount of the bond, the court shall
  716  direct remission of 100 percent of the forfeiture.
  717         (8) The remission of a forfeiture may not be ordered for
  718  any reason other than as specified herein.
  719         (9)(8) An application for remission must be accompanied by
  720  affidavits setting forth the facts on which it is founded;
  721  however, the surety must establish by further documentation or
  722  other evidence any claimed attempt at procuring or causing the
  723  apprehension or surrender of the defendant before the court may
  724  order remission based upon an attempt to procure or cause such
  725  apprehension or surrender. The clerk of the circuit court and
  726  the state attorney must be given 20 days’ notice before a
  727  hearing on an application and be furnished copies of all papers,
  728  applications, and affidavits. Remission shall be granted on the
  729  condition of payment of costs, unless the ground for remission
  730  is that there was no breach of the bond.
  731         (10)(9) The clerk of the circuit court may enter into a
  732  contract with a private attorney or into an interagency
  733  agreement with a governmental agency to represent the clerk of
  734  the court in an action for the remission of a forfeiture under
  735  this section.
  736         (11)(10) The clerk of the circuit court is the real party
  737  in interest for all appeals arising from an action for the
  738  remission of a forfeiture under this section.
  739         Section 20. This act shall take effect July 1, 2022.