Florida Regulations 69B-221.105: Premium Charge Only Permitted
Current as of: 2024 | Check for updates
|
Other versions
(1) No surety, bail bond agent, temporary bail bond agent, or managing general agent engaged in the bail bond business shall make any charge, collect, or receive any fee or consideration unless permitted by statute or rule other than the premium based on rates in current use, provided, however, that nothing in this section shall prohibit collateral security or co-indemnity agreements, and provided further that in instances where an additional surety, bail bond agent, or managing general agent located in a county different from the originating agent or bail bond agent executes the bond the premium may additionally include as a part thereof an execution and transfer fee, not to exceed a total of one hundred ($100.00) dollars for any one defendant. If a bail bond agent assumes the liability on an out-of-state bond, the transfer fee collected shall not exceed the amount charged in that state. If monies for documentary stamps are collected and the mortgage is not filed, the funds must be returned to the person who tendered the monies.
(2) No bail bond agent shall charge, collect, or receive any fee or consideration for services rendered to the principal or indemnitor in connection with a bail bond, except those fees listed in subsection (4), and costs necessary to apprehend the principal in the event the principal attempts to flee the jurisdiction of the courts.
(3) Prohibited fees include, but are not limited to, any costs regarding arrest, transportation, and surrender within the specified jurisdiction of the court, charges for storage, maintenance or return of collateral, including releases of liens or satisfactions of mortgages, charges for researching case dispositions or obtaining bond discharges or any charge for other services ordinarily performed by a bondsman or their employees in the regular course of business and any other expenses not documented by check or receipt.
(4) Allowable fees include:
(a) Attorney’s fees and court costs associated with filing of motions;
(b) Documented transportation and lodging expenses outside the jurisdiction of the court;
(c) Law enforcement costs for housing, re-arrest, transportation, and extradition; and,
(d) A maximum fee of $100 for a surrender allowed by law when there has been no forfeiture of the bond.
(5) A bail bond agent who has surrendered a principal and failed to properly refund the premium when required by law shall be subject to discipline as provided in chapter 648, F.S., and these rules.
Rulemaking Authority 648.26 FS. Law Implemented 648.33, 648.44(1)(j) FS. History-New 7-1-69, Repromulgated 12-24-74, Amended 5-22-80, Formerly 4-1.05, Amended 9-10-91, Formerly 4-1.005, Amended 4-14-97, Formerly 4-221.105.
Terms Used In Florida Regulations 69B-221.105
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Statute: A law passed by a legislature.
(3) Prohibited fees include, but are not limited to, any costs regarding arrest, transportation, and surrender within the specified jurisdiction of the court, charges for storage, maintenance or return of collateral, including releases of liens or satisfactions of mortgages, charges for researching case dispositions or obtaining bond discharges or any charge for other services ordinarily performed by a bondsman or their employees in the regular course of business and any other expenses not documented by check or receipt.
(4) Allowable fees include:
(a) Attorney’s fees and court costs associated with filing of motions;
(b) Documented transportation and lodging expenses outside the jurisdiction of the court;
(c) Law enforcement costs for housing, re-arrest, transportation, and extradition; and,
(d) A maximum fee of $100 for a surrender allowed by law when there has been no forfeiture of the bond.
(5) A bail bond agent who has surrendered a principal and failed to properly refund the premium when required by law shall be subject to discipline as provided in chapter 648, F.S., and these rules.
Rulemaking Authority 648.26 FS. Law Implemented 648.33, 648.44(1)(j) FS. History-New 7-1-69, Repromulgated 12-24-74, Amended 5-22-80, Formerly 4-1.05, Amended 9-10-91, Formerly 4-1.005, Amended 4-14-97, Formerly 4-221.105.