Florida Regulations 69B-221.010: Temporary Orders of Suspension of Bail Bond Agents
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(1) Since a Bail Bond Agent under a temporary order of suspension may discharge liability on a bond pursuant to Florida Statutes § 648.45, the following activities are allowed as discharging the liability on a bond pursuant to Florida Statutes § 648.45(1), but are allowed only with regard to bonds written and posted prior to the date of the order of suspension.
(a) Contacting defendants to remind them of court dates.
(b) Attending court proceedings at which a defendant is scheduled to appear.
(c) Contacting the Court or Clerk of Courts to verify the defendant’s attendance at any required proceeding.
(d) Contacting the Court or Clerk of Courts to verify the status of a bail bond or the status of a defendant’s case with the court.
(e) Returning collateral on bonds that the court has discharged.
(f) Locating, apprehending, or surrendering to the custody of the jail, pursuant to all applicable laws, a defendant on a bail bond effected by the suspended bail bond agent.
(g) Collecting premiums under a payment plan on a bail bond effected and posted prior to the order of suspension.
(h) Possessing bail bond files to maintain current addresses, phone numbers, and other contact information for defendants.
(i) Converting collateral to cash to pay forfeiture on a bail bond.
(j) Undertaking legal action to vacate or set aside forfeitures on bail bonds.
(2) Activities considered to be acting as bail bond agent without a license due to the suspension, notwithstanding the provisions of Florida Statutes § 648.45(1), include the following:
(a) Performing any duty or activity listed in subsection (1), above, on any bail bond not effected by the suspended agent, or for any person not named as the principal or indemnitor on a bail bond written by the suspended agent.
(b) Effecting any new bail bond business, or completing any forms required as part of the bail bond application process.
(c) Soliciting or facilitating any bail bond business.
(d) Negotiating or accepting the premium payment on any new bail bond.
(e) Posting a bail bond.
(f) Receiving any remuneration from a bail bond agent or agency for performing any clerical, secretarial, custodial, or other duties.
(g) Receiving any remuneration from a bail bond agent or agency relating to any bail bond not legally effected by the suspended agent.
(h) Assisting in any manner in the apprehension of a defendant who failed to appear on a bail bond of another agent.
(i) Supervising the activities of a temporary bail bond agent.
(j) Acting as the primary bail bond agent for a bail bond agency.
(k) Surrendering a defendant to the custody of the jail or the court for any bonds effected after the date of suspension.
(3) A suspended bail bond agent is required to maintain his or her continuing education credits in order for his or her license to be reinstated in the future. The agent is also required to forward the insurer’s share of any premiums collected, along with any build-up fund deposits mandated by the agent’s contract with the insurer.
(4) Nothing herein should be read to contradict or conflict with any statutory provision or rule otherwise regulating the bail bond business in Florida.
Rulemaking Authority 624.308, 648.26(1) FS. Law Implemented 624.307(1), 648.45(1) FS. History-New 11-13-11.
Terms Used In Florida Regulations 69B-221.010
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(b) Attending court proceedings at which a defendant is scheduled to appear.
(c) Contacting the Court or Clerk of Courts to verify the defendant’s attendance at any required proceeding.
(d) Contacting the Court or Clerk of Courts to verify the status of a bail bond or the status of a defendant’s case with the court.
(e) Returning collateral on bonds that the court has discharged.
(f) Locating, apprehending, or surrendering to the custody of the jail, pursuant to all applicable laws, a defendant on a bail bond effected by the suspended bail bond agent.
(g) Collecting premiums under a payment plan on a bail bond effected and posted prior to the order of suspension.
(h) Possessing bail bond files to maintain current addresses, phone numbers, and other contact information for defendants.
(i) Converting collateral to cash to pay forfeiture on a bail bond.
(j) Undertaking legal action to vacate or set aside forfeitures on bail bonds.
(2) Activities considered to be acting as bail bond agent without a license due to the suspension, notwithstanding the provisions of Florida Statutes § 648.45(1), include the following:
(a) Performing any duty or activity listed in subsection (1), above, on any bail bond not effected by the suspended agent, or for any person not named as the principal or indemnitor on a bail bond written by the suspended agent.
(b) Effecting any new bail bond business, or completing any forms required as part of the bail bond application process.
(c) Soliciting or facilitating any bail bond business.
(d) Negotiating or accepting the premium payment on any new bail bond.
(e) Posting a bail bond.
(f) Receiving any remuneration from a bail bond agent or agency for performing any clerical, secretarial, custodial, or other duties.
(g) Receiving any remuneration from a bail bond agent or agency relating to any bail bond not legally effected by the suspended agent.
(h) Assisting in any manner in the apprehension of a defendant who failed to appear on a bail bond of another agent.
(i) Supervising the activities of a temporary bail bond agent.
(j) Acting as the primary bail bond agent for a bail bond agency.
(k) Surrendering a defendant to the custody of the jail or the court for any bonds effected after the date of suspension.
(3) A suspended bail bond agent is required to maintain his or her continuing education credits in order for his or her license to be reinstated in the future. The agent is also required to forward the insurer’s share of any premiums collected, along with any build-up fund deposits mandated by the agent’s contract with the insurer.
(4) Nothing herein should be read to contradict or conflict with any statutory provision or rule otherwise regulating the bail bond business in Florida.
Rulemaking Authority 624.308, 648.26(1) FS. Law Implemented 624.307(1), 648.45(1) FS. History-New 11-13-11.