(1) The Office shall approve the power of attorney form of an insurer to accompany an appearance bond posted at the jail that includes the following:
Terms Used In Florida Regulations 69O-239.001
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- 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.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) The full name and address of the surety company issuing the power.
(b) A number that will be unique to each power issued.
(c) The maximum amount the power may be written.
(d) The date the power will become void.
(e) Sections that allow for the following information to be entered on each power:
1. Amount of the bail bond.
2. Name of the defendant.
3. Name of the court.
4. Case number.
5. Executing bail bond agent’s name.
(f) If the form contains multiple copies, then the number of pages or copies to be a part of the form and the identity of each party to receive a part of the form. Examples include: defendant, court, clerk, insurer, bail bond agent.
(g) The limitations of the power. An example of a limitation of the power would be:
This power of attorney is for use with bail bonds for State, County, and Municipal Courts only (not valid in Federal Court) and not to exceed the above stated amount. This power must be filed with the court as a permanent court record to obligate the surety, for court appearances only, of the named Defendant. This power shall not obligate the surety for the Defendant’s future lawful conduct, court imposed conditions, restrictions, or fines, costs, restitution or any other circumstances not specifically related to court appearances. This power is void if its original format has been altered, if it exceeds the maximum amount listed, is used with other (surety name) powers to cover one bond amount, or is used by an individual who is not authorized to execute surety bonds on behalf of (surety name).
(h) A company statement appointing the licensed bail bond agent as attorney-in-fact for the insurer. An example of an acceptable appointing statement would be:
Know all men by these presents that (surety company), a corporation duly organized and existing under the laws of the State of XXXX, does constitute and appoint the below named executing agent as its true and lawful Attorney-in-Fact in its name, place and stead to execute, seal and deliver for and on its behalf, a surety bail bond for the named Defendant.
(i) A signature statement from an official of the insurer. An example of an acceptable signature statement would be:
In witness whereof, (surety company) has caused this instrument to be signed and sealed by its duly authorized officer.
(j) Corporate seal of the insurer.
(2) The Office shall approve the qualifying power of attorney form of an insurer used to register a bail bond agent with the clerk of the court in Florida that includes the following:
(a) The full name and address of the surety company issuing the qualifying power of attorney, as shown on the records of the Office.
(b) The name of the licensed bail bond agent being appointed to represent the surety company on the form.
(c) The name and location of the court where the qualiflying power of attorney is being filed.
(d) A unique number that will be assigned to each qualifying power of attorney form issued by the company.
(e) The maximum amount the named bail bond agent may issue a bail bond on behalf of the surety company.
(f) The date the qualifying power of attorney appointment will expire for each form executed.
(g) The form must be executed by an authorized company official who appears on the records of the Office.
(h) The corporate seal of the surety company.
(i) A section that provides for the form to be duly notarized to allow it to be properly recorded in the county where the bail bond agent is being appointed to represent the surety company.
(3) The Office shall advise the insurer of approval of the power of attorney via email.
Rulemaking Authority Florida Statutes § 624.308(1). Law Implemented Florida Statutes § 648.43. History—Repromulgated 12-24-74, Formerly 4-1.08, Amended 9-10-91, Formerly 4-1.008, Formerly 4-221.075, Amended 12-29-13, Formerly 69B-221.075, Amended 2-19-20.