Current through Reg. 50, No. 187; September 24, 2024
(1) Since a Bail Bond Agent under a temporary
order of suspension may discharge liability on a bond pursuant to section
648.45, F.S., the following
activities are allowed as discharging the liability on a bond pursuant to
section 648.45(1),
F.S., 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 section
648.45(1),
F.S., 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.
New 11-13-11.
