Department Rules and Regulations

CHAPTER 69B-221 BAIL, BONDS, AND BAIL BOND AGENTS

69B-221.001 License Required.

69B-221.003 Managing General Agents.

69B-221.005 Currently Revoked, Suspended or Denied License.

69B-221.051 Actively Engaged in Business; Place Suitably Designated; Accessible to Public.

69B-221.055 Permanent Office Records Required.

69B-221.060 Notice of Change of Address.

69B-221.065 Statistical Reporting Form.

69B-221.070 Build-up Funds; Reporting.

69B-221.075 Power of Attorney; Penal Sum of Bond; Not Applicable to Automobile Clubs.

69B-221.080 Professional Bail Bond Agent; Justification and Sufficiency of Sureties.

69B-221.085 Rate Filing; Approval; Proof.

69B-221.095 Soliciting Business.

69B-221.100 Terms and Conditions of Contract; Surrender Form.

69B-221.105 Premium Charge Only Permitted.

69B-221.110 Premium Shall Be Term Charge; Premium Refund; When.

69B-221.115 Pre-numbered Receipt as Evidence of Payment.

69B-221.120 Pre-numbered Receipt as Evidence of Collateral.

69B-221.125 Collateral Security; Affidavit; Form.

69B-221.130 Collateral Security; Statement; Form.

69B-221.135 Collateral Security Requirements.

69B-221.140 Indemnity Agreement; Form.

69B-221.145 Use of Credit Cards and Cash Advance Facilities in Conjunction with Issuing Bail Bonds.

69B-221.150 Department May Request Information.

69B-221.001 License Required.

Any licensed bail bond agent, temporary bail bond agent, or managing general agent engaged in the bail bond business, who permits any person not licensed, as required under Chapter 648, F.S., to solicit or engage in the bail bond business in his behalf shall be deemed in violation of Section 648.30, F.S. A bail bond agent or duly licensed person from another state may apprehend, detain, or arrest a principal on a bond, as provided by law.

Specific Authority 648.26 FS. Law Implemented 648.30, 648.35 FS. History–Repromulgated 12-24-74, Formerly 4-1.06, Amended 9-10-91, Formerly 4-1.006, Amended 4-14-97, Formerly 4-221.001.

69B-221.003 Managing General Agents.

All insurers regularly engaged in the bail bond business in this state shall have a licensed and appointed managing general agent who is a licensed and appointed bail bond agent in this state, and shall be responsible for the supervision of their bail bond agents.

The records of all bail bonds written in this state must be made available within 48 hours after being requested by the Department. Failure to provide documents when requested will result in the managing general agent and insurer being subject to administrative action.

Specific Authority 648.26 FS. Law Implemented 648.25, 648.27, 648.36, 648.388, 648.48 FS. History–New 4-14-97, Amended 1-22-03, Formerly 4-221.003.

69B-221.005 Currently Revoked, Suspended or Denied License.

Any licensed bail bond agent or managing general agent engaged in the bail bond business who knowingly has in his employ a person whose license is currently revoked, suspended or denied in this or any other state shall be deemed to be conducting his affairs under the license in such a way as to render said licensee unfit to carry on the bail bond business.

Specific Authority 648.26 FS. Law Implemented 648.45(1), (2), 648.50 FS. History– Repromulgated 12-24-74, Formerly 4-1.07, Amended 9-10-91, Formerly 4-1.007, Amended 4-14-97, Formerly 4-221.005.

69B-221.051 Actively Engaged in Business; Place Suitably Designated; Accessible to Public.

Every bail bond agent must be actively engaged in the bail bond business; in a building suitably designated as a bail bond agency, which must be maintained open and accessible to the public to render service during reasonable business hours.

(1) Each bail bond agency, and each branch office, shall be in the active full-time charge of a licensed and appointed primary bail bond agent as required by Section 648.387, F.S., and shall be designated on form DFS-H2-1541 (07/02) “Designation or Deletion of Primary Bail Bond Agent for Bail Bond Agency and Filing of Business Names”, which is adopted and incorporated herein by reference. This form is available from the Bail Bond section.

(2) Each bail bond agency and each branch office shall have an entrance easily accessible to the public and used by the bail bond agent in the regular course of their business dealings with the public. As used in this rule, “accessible to the public means the entrance shall be suitably designated by a sign or other display, readable from a reasonable distance, which provides at a minimum the agency name. Additionally, if a bail bond agency is located in a building which maintains a uniform office directory on its premises, the directory shall provide at a minimum the current name of that bail bond agency.

(3) As used in this rule, the term “reasonable business hours” means at least eight hours daily between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except for legal holidays.

(4)(a) A temporary bail bond agent must be employed full-time and shall be physically accompanied by the supervising bail bond agent or bail bond agent from the same agency as required by Sections 648.25(9) and 648.355(8), F.S. As used in this rule, the term “full-time” means that the temporary bail bond agent must work at least 1,540 hours during 12 months of employment as a temporary bail bond agent. This will result in an average of slightly less than 30 hours per week. Each employer of a temporary bail bond agent must provide the temporary bail bond agent the opportunity to work at least 30 hours a week during the period of employment and may allow the temporary bail bond agent to work more than 30 hours per week.

(b) A temporary bail bond agent shall be employed and receive a salary or wages as required by law.

(c) The supervising bail bond agent shall file monthly a certified report under oath on form DFS-H2-1543, (rev. 07/02), “Temporary Bail Bond Agent Employment Report”, which is adopted and incorporated herein by reference, with the Department of Financial Services, Bail Bond Section, 200 East Gaines Street, Tallahassee, Florida 32399-0320. All forms referenced in this rule chapter are available at this address.

Specific Authority 648.26, 648.355(1)(e) FS. Law Implemented 648.25, 648.34, 648.355, 648.387, 648.44(6) FS. History–Repromulgated 12-24-74, Amended 7-27-78, 12-23-82, Formerly 4-1.04, 4-1.004, Amended 4-14-97, 7-2-98, 1-22-03, Formerly 4-221.051, Amended 8-12-04.

69B-221.055 Permanent Office Records Required.

Each licensee, as a minimum requirement for permanent office records shall maintain:

(1) A daily bond register which shall be the book of original and permanent record of all bonds or undertakings executed by the licensee which shall state the number of the Power of Attorney form, date bond was executed, name of principal, amount of bond, premium charged, premium reported to surety company, security or collateral received, indemnity agreements, disposition of bond, and date of disposition.

(2) An individual file or envelope for each principal for whom bond is made which shall contain the original application for bail bond or undertaking, copy of premium receipt, copy of collateral receipt, copy of a bond discharge, if issued, security or collateral affidavit, where security or collateral is located, information as to any security or consideration received by the agency or licensee in connection with each particular bail bond or undertaking and purpose for which it was received, receipt or release executed by the person or persons posting security or collateral evidencing the return of such security or collateral and indemnity agreement as executed by co-indemnitors.

Specific Authority 648.26 FS. Law Implemented 648.25, 648.34, 648.36 FS. History–Repromulgated 12-24-74, Formerly 4-1.01, Amended 9-10-91, Formerly 4-1.001, Amended 4-14-97, 1-22-03, Formerly 4-221.055.

69B-221.060 Notice of Change of Address.

Each licensee under Chapter 648, F.S., shall notify in writing the Department of Financial Services, Bail Bond Section, Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0320, insurer, managing general agent and the clerks of each court in which they are registered, of a change of each business address, telephone number, or name of each agency or firm for which they write bonds within ten (10) working days of such change. Each licensee shall use Form DFS-H2-1564 (Rev. 8-12-04), entitled

“Bail Bond Agent Notice of Change of Address,” which is hereby incorporated and adopted by reference, to comply with the notice requirements of this rule. This form may be obtained from the address listed above or from the Department’s website: www.fldfs.com.

Specific Authority 648.26 FS. Law Implemented 648.421 FS. History–New 12-23-82, Formerly 4-1.17, Amended 9-10-91, Formerly 4-1.017, Amended 4-14-97, 1-22-03, Formerly 4-221.060, Amended 8-12-04.

69B-221.065 Statistical Reporting Form.

In order to report the information required by Section 648.365, F.S., each insurer authorized to write bail in Florida and each bail bond agent licensed in Florida shall, when requested by the department, complete and submit Form DFS-H2-279 Rev. 10/90 “Statistical Reporting Requirements” (Surety Insurers, Part A; Bail Bond Agents, Part B) which is adopted and incorporated herein by reference, to the Department of Financial Services, Bail Bond Coordinator, Larson Building, Tallahassee, Florida 32399-0300.

Copies of this form are available to the public through the Department of Financial Services at the above address.

Specific Authority 648.26 FS. Law Implemented 648.365 FS. History–New 12-23-82, Formerly 4-1.19, Amended 9-10-91, Formerly 4-1.019, Amended 4-14-97, Formerly 4-221.065.

69B-221.070 Build-up Funds; Reporting.

(1) All insurers authorized to write bail bonds in this state who maintain build-up trust accounts pursuant to Section 648.29, F.S., shall annually file with the Department on or before March 1 of each year a certified statement listing each build-up trust account established on behalf of any bail bond agent or agency and the balance therein as of January 1 of that year. The statement shall be printed on 8 1/2'' × 11'' paper. The first page of the statement shall contain the name, address, and phone number of the insurer, and the name and title of the person who certified the statement. The statement shall further list the name of each bail bond agent or agency the name of the financial institution where the account is maintained, the account number, and the balance therein. The statement shall then be certified by the person who prepared and reviewed the accuracy of the statement.

(2) Build-up funds collected by an insurer shall not exceed 40 percent of the premium for each bond written. The exact amount shall be designated in the agent’s or agency’s contract agreement with the insurer. References to “points” in such an agreement are the equivalent to increments of 10%. Therefore 1 pt = 10%, 2 pts = 20%, 3 pts = 30% and 4 pts = 40% of the premium.

Specific Authority 648.26 FS. Law Implemented 648.29, 648.36 FS. History–New 9-10-91, Formerly 4-1.021, Amended 4-14-97, 1-22-03, Formerly 4-221.070.

69B-221.075 Power of Attorney; Penal Sum of Bond; Not Applicable to Automobile Clubs.

Section 903.09, F.S., is interpreted to mean that every licensed limited surety agent must attach to each bond a duly executed power of attorney in an amount of at least the penal sum of the bond. This section shall not apply to any card or certificate of membership of an automobile club or association qualified under Section 627.758, F.S., relating to Guaranteed Arrest Bond Certificates, Bail Bond Certificates, or Powers of Attorney for Bail Bonds sold by licensed surety companies to recognized automobile clubs or associations.

Specific Authority 648.26 FS. Law Implemented 903.09 FS. History–Repromulgated 12-24-74, Formerly 4-1.08, Amended 9-10-91, Formerly 4-1.008, Formerly 4-221.075.

69B-221.080 Professional Bail Bond Agent; Justification and Sufficiency of Sureties.

Every professional bail bond agent must justify the sufficiency of their undertaking by attaching to such bail bond only United States Currency, United States Postal Money Order, or Cashier’s Check in the amount of said bond.

Specific Authority 648.26 FS. Law Implemented 648.25 FS. History–Amended 7-1-69, Repromulgated 12-24-74, Formerly 4-1.03, 4-1.003, Amended 4-14-97, Formerly 4-221.080.

69B-221.085 Rate Filing; Approval; Proof.

Pursuant to Section 648.35(2), F.S., the rates as filed and approved by the Office of Insurance Regulation are the only rates which may be used and the same rate must apply to every bond written. All bail bond rate filings shall be submitted on Form DI4-503, Rev. 10/90 “Bail Bond Rate Filing” which is adopted and incorporated herein by reference. This form may be obtained from the Office of Insurance Regulation, Bureau of P & C Forms and Rates, Larson Building, Tallahassee, Florida 32399-0300. Before the rate filing may be changed, a new filing must be made and approved by the Office of Insurance Regulation. The professional bail bond agent must be able to prove that their previous rate was either too high or too low as the case may be. Bail bond agents must charge the rate approved by the Office of Insurance and may not advertise reduced rates.

Specific Authority 648.26 FS. Law Implemented 648.35(2), 648.36 FS. History–Repromulgated 12-24-74, Formerly 4-1.11, Amended 9-10-91, Formerly 4-1.011, Amended 4-14-97, Formerly 4-221.085.

69B-221.095 Soliciting Business.

(1) No person shall directly or indirectly solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined, or in or on the property or grounds of a court or any building housing courtrooms.

(2) For the purposes of this rule, solicit shall include:

(a) Displaying, wearing, or distributing any item which directly or indirectly advertises bail bond services; or

(b) Approaching anyone or urging, enticing, luring, or inviting anyone to approach a bail bond agent to use their services.

(c) Parking a motor vehicle, which displays the name of a bail bond agent, a bail bond agency, or any other information advertising bail bond services.

(d) Passing out business cards unless requested by the principal or indemnitor or other print advertising by any licensee or unlicensed persons in jails, courthouses, or other immediate areas as described in subsection (3). Print advertising allowed in the telephone book is yellow page advertising.

(e) Only the state issued or approved identification which includes a citation of the licensee’s arrest powers may be worn in the locations described in subsection (3).

(f) Loiter in any of the areas described in subsection (3).

(3) For the purposes of this rule, the property or grounds of a court, jail, prison, or other place where prisoners are confined shall include all parking lots and parking spaces adjacent to such places or adjacent to public walkways or public streets adjacent to such places.

Specific Authority 648.26(1)(a) FS. Law Implemented 648.44 FS. History–New 12-23-82, Formerly 4-1.18, Amended 11-5-89, Formerly 4-1.018,

Amended 4-14-97, 1-22-03, Formerly 4-221.095.

69B-221.100 Terms and Conditions of Contract; Surrender Form.

(1) The terms and conditions of all contracts entered into between a principal and a surety for a bail bond shall set forth the bond number, the date, the amount of the premium and the name of the surety company as follows:

TERMS AND CONDITIONS

The following terms and conditions are an integral part of this application for appearance bond No. ___ dated ___ for which ___ Surety Company or its agent shall receive a premium in the amount of ___ ($___) Dollars, and the parties agree that said appearance bond is conditioned upon full compliance by the principal of all said terms and conditions and is a part of said bond and application therefor.

1. ___ Surety Company, as bail, shall have control and jurisdiction over the principal during the term for which the bond is executed and shall have the right to apprehend, arrest and surrender the principal to the proper officials at any time as provided by law.

2. In the event surrender of principal is made prior to the time set for principal’s appearances, and for reasons other than as enumerated below in paragraph 3., then a refund of the bond premium shall be made to the person listed on the premium receipt.

3. It is understood and agreed that the happening of any one of the following events shall constitute a breach of principal’s obligations to ___ Surety Company hereunder, and ___ Surety Company shall have the right to forthwith apprehend, arrest and surrender principal, and principal shall have no right to any refund of premium whatsoever. Said events which shall constitute a breach of principal’s obligations hereunder are:

(a) If principal shall depart the jurisdiction of the court without the written consent of the court and ___ Surety Company, or its Agent.

(b) If principal shall move from one address to another within the State of Florida without notifying ___ Surety Company or its Agent in writing prior to said move.

(c) If principal shall commit any act which shall constitute reasonable evidence of principal's intention to cause a forfeiture of said bond.

(d) If principal is arrested and incarcerated for any offense other than a minor traffic violation.

(e) If principal shall make any material false statement in the application.

INFORMATIONAL NOTICE

For complaints or inquiries, please contact:

Florida Department of Financial Services
Bail Bond Section
200 East Gaines St.
Tallahassee, FL 32399-0320
(850) 413-5660

Signed, sealed and delivered this _____ day of ___, 20___.

__________________________________________

Signature of Applicant

___________________________________

Mailing address

(2) Any bail bond agent who surrenders or recommits a defendant prior to a forfeiture shall execute form DFS-H2-1542 (07/02) titled “Statement of Surrender Form”, which is adopted and incorporated herein by reference. The licensee shall provide a copy to the defendant, and maintain a copy in the file of the defendant. This form is available from the Bail Bond Section referenced above.

Specific Authority 648.26 FS. Law Implemented 648.4425 FS. History–Repromulgated 12-24-74, Formerly 4-1.16, Amended 9-10-91, Formerly 4-1.016, Amended 1-22-03, Formerly 4-221.100.

69B-221.105 Premium Charge Only Permitted.

(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;

(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.

Specific Authority 648.26 FS. Law Implemented 648.33, 648.44(1)(j) FS. History–Amended 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.

69B-221.110 Premium Shall Be Term Charge; Premium Refund; When.

The premium permitted under Chapter 648, F.S., shall be a term charge for the term of the bond. No additional premium shall be charged in the event of a rewrite of a bond based on the same case number except that in the event the amount of the bond has been increased, an additional premium based on the rates in current use for the amount of the increase may be charged. The licensed bail bond agent shall refund the entire premium charged for the bond when it is found that the surety had no liability under the bond because the defendant does not come under the jurisdiction of the court to which the defendant is returnable or is not released from custody except where a bond is written to allow the defendant to serve a sentence in another jurisdiction. The defendant shall be entitled to the return of premium when surrendered by the surety or bail bond agent at any time prior to the final termination of the surety’s liability on the bond; provided that the defendant shall not be entitled to a return of the premium where the defendant

violates the contract with the surety.

Specific Authority 648.26 FS. Law Implemented 624.307(1), 648.295, 648.33 FS. History–Amended 7-1-69, Repromulgated 12-24-74, Formerly 4-1.09, Amended 9-10-91, Formerly 4-1.009, Amended 4-14-97, 1-22-03, Formerly 4-221.110.

69B-221.115 Pre-numbered Receipt as Evidence of Payment.

Every bail bond agent who accepts money or any other consideration for any bail bond or undertaking which they execute must for each and every payment received give to the person or persons paying the money or giving the consideration a pre-numbered receipt as evidence of payment which receipt shall state the date, name of the principal, amount of money or consideration received and purpose for which received, number of Power of Attorney form attached to the bond, penal sum of the bond, and name of person making payment or giving consideration. Every receipt must contain the name, address and telephone number of both the surety company and agent. Every bail bond agent must retain, in the individual file for each defendant, a duplicate copy of each receipt issued as part of their records pursuant to Section 648.36, F.S.

Specific Authority 648.26 FS. Law Implemented 648.295, 648.36 FS. History–Repromulgated 12-24-74, Formerly 4-1.02, Amended 9-10-91, Formerly 4-1.002, Amended 4-14-97, 1-22-03, Formerly 4-221.115.

69B-221.120 Pre-numbered Receipt as Evidence of Collateral.

(1) Every bail bond agent who accepts any type of collateral in conjunction with a bail bond or undertaking which they execute must for such collateral received give to the person or persons giving the collateral a consecutively pre-numbered receipt as evidence thereof. The receipt shall state:

(a) The date,

(b) Name of the principal,

(d) Whether the collateral will be maintained in the custody of the bail bond agent, managing general agent or surety company,

(e) Number of Power of Attorney form attached to the bond, and

(f) The name of the person placing the collateral in the bail bond agent’s trust.

(2) All receipts must contain the name, address and telephone number of both the surety company and agent.

(3) The receipt shall state that for any complaints or inquiries, you may contact the Department of Financial Services, Bail Bond Section, 200 East Gaines Street, Tallahassee, FL 32399-0320, (850) 413-5660.

(4) Every bail bond agent shall retain, in the individual file for each defendant, a duplicate copy of each receipt issued as part of their records pursuant to Section 648.36, F.S.

(5) The receipt shall be separate from and not part of the premium receipt referred to in Rule 69B-221.115, F.A.C.

(6) A temporary bail bond agent is prohibited from handling or accepting collateral until a properly executed receipt has been issued by a licensed and appointed bail bond agent as provided in this rule.

Specific Authority 648.26 FS. Law Implemented 648.25(9), 648.36, 648.442(2) FS. History–New 12-23-82, Formerly 4-1.021, Amended 9-10-91, Formerly 4-1.0021, Amended 4-14-97, 1-22-03, Formerly 4-221.120.

69B-221.125 Collateral Security; Affidavit; Form.

Every bail bond agent who accepts collateral security for a bail bond shall, for each bail bond written, make and attach to such bail bond an affidavit on the form prescribed by the Department, to wit:

AFFIDAVIT

STATE OF FLORIDA

COUNTY OF ___

Before me today, the undersigned authority, personally appeared ___, who by me being duly sworn, deposes and says: That he is a duly licensed bail bond agent pursuant to Chapter 648, F.S., and has registered for the current year with the office of the Sheriff and Clerk of the Circuit Court of the aforementioned county, and has filed a certified copy of his appointment by Power of Attorney for the Surety, with the office of the Sheriff and Clerk of the Circuit Court of the aforementioned County. That ___ (Principal) of ___ (Address) has (given or promised to give) the sum of ___ ($) Dollars, as consideration for Bail Bond Number ___ filed with the Clerk of the ___ located in ___ together with the (promise or receipt) of security belonging to ___ (Name) of ___ (Address) as follows: (Provide detailed description and source of security) ___. That a duly signed receipt has been given to the said ___ (Principal) for the consideration given and/or that the said ___ (Name) has (also been) given a receipt for the security described above.

Sworn to and subscribed before me in ___, ___ Florida, on this ___ day of ___

Specific Authority 648.26, 648.442(8) FS. Law Implemented 903.14(1), 648.36, 648.44(1)(m), 648.442, 648.45 FS. History–Repromulgated 12-24-74, Formerly 4-1.14, Amended 9-10-91, Formerly 4-1.014, Amended 4-14-97, Formerly 4-221.125.

69B-221.130 Collateral Security; Statement; Form.

Pursuant to Section 903.14(3), F.S., every bail bond agent who accepts collateral security for a bail bond may make, attach to and file with each bail bond, in lieu of the affidavit required by Rule 69B-221.125, F.A.C., a statement on a form prescribed by the Department, to wit:

STATEMENT

I, ___ am a duly licensed bail bond agent pursuant to Chapter 648, F.S., and have registered for the current year with the office of the Sheriff and Clerk of the Circuit Court of the aforementioned county, and have filed a certified copy of my appointment by Power of Attorney for the Surety with the office of the Sheriff and Clerk of the Circuit Court of the aforementioned County. That ___ (Principal) of ___ (Address) has (given or promised to give) the sum of ___ ($) Dollars as consideration for Bail Bond Number ___ filed with the Clerk of the ___ located in ___ together with the (promise or receipt) of security belonging to ___ (Name) of ___ (Address) as follows: (Provide detailed description and source of security) ___

That a duly signed receipt has been given to the said ___ (Principal) for the consideration given and/or that the said ___ (Name) has (also been) given a receipt for the security described above.

________________________________

(Bail Bond Agent)

________________________________

(Agency)

________________________________

(Address)

______________________________________

(NOTARY PUBLIC) State of Florida at Large

______________________________________

(Address) My Commission Expires:

______________________________________

Specific Authority 648.26 FS. Law Implemented 903.14(3), 648.36, 648.44(1)(m), 648.442, 648.45 FS. History–New 7-1-69, Repromulgated

12-24-74, Formerly 4-1.141, Amended 9-10-91, Formerly 4-1.0141, Amended 4-14-97, Formerly 4-221.130.

69B-221.135 Collateral Security Requirements.

(1) No bail bond agent shall accept collateral security or other indemnity of any type in an individual or aggregate amount totaling in excess of fifty thousand dollars ($50,000) cash per bond, except as provided by Sections 648.442(1)(a)-(e), F.S., or by this rule.

(2) The meaning of “any other type of security” in Section 648.442(1)(e), F.S., is defined to include only the following types of security:

(a) Shares of stock of a close corporation, or

(b) Patents, copyrights or trademarks.

Specific Authority 648.26 FS. Law Implemented 648.442(1) FS. History–New 12-23-82, Formerly 4-1.142, Amended 9-10-91, Formerly 4-1.0142, Amended 4-14-97, Formerly 4-221.135.

69B-221.140 Indemnity Agreement; Form.

No indemnity agreement shall be entered into between a principal and surety or any agent of the surety, and no application shall be accepted by a bail bond agent, engaged in the bail bond business, or a surety company, for a bail bond in which an indemnity agreement is required between a principal and a surety, or any agent of such surety, unless the indemnity agreement reads as follows:

“For good and valuable consideration, the undersigned principal hereby agrees to indemnify and hold harmless, the surety company or its agent for all losses not otherwise prohibited by law, or rules of the Department.”

Specific Authority 648.26 FS. Law Implemented 648.442 FS. History–Repromulgated 12-24-74, Formerly 4-1.15, 4-1.015, Amended 4-14-97, 1-22-03, Formerly 4-221.140.

69B-221.145 Use of Credit Cards and Cash Advance Facilities in Conjunction with Issuing Bail Bonds.

(1) For the purposes of this rule, a cash advance facility shall mean any person, as defined in Section 624.04, F.S., who advances cash or issues a draft, check or other instrument to a credit card holder, charges the credit card holder’s account for the amount of the advance, and charges a fee, commission, or any other form of consideration to the credit card holder for each cash advance transaction.

(2) A bail bond agent may provide access to a cash advance facility in his office. With respect to the issuance of a bail bond and to the maintenance of a cash advance facility system on the premises of a bail bond office, no bail bond agent shall directly or indirectly enter into any arrangement with a cash advance facility whereby the bail bond agent accepts anything of value from the cash advance facility, and no bail bond agent shall charge any person a fee for the use of the cash advance facility, in excess of the amount of the premium, and transfer fee if applicable, authorized by law to be charged for the issuance of a bail bond.

(3) The amount of the service charge imposed on the credit card customer by a cash advance facility shall be prominently and conspicuously posted in the office of the bail bond agent and each credit card customer who uses the cash advance facility shall be informed by the bail bond agent of the facility’s applicable service charge in advance of completing the transaction.

(4) A bail bond agent may directly enter into an arrangement with a credit card facility in order to charge a credit card holder’s account for the issuance of a bail bond.

(a) A bail bond agent may not charge or receive a transfer fee, or any other additional fee, surcharge or commission, for the use of a credit card if the bail bond agent accepts payment by credit card. Any fee or discount points which may be charged to the bail bond agent by the credit card facility or organization shall be borne by the bail bond agent and shall not be passed on to any person involved in the bail bond transaction. This paragraph does not prohibit a bail bond agent from charging a fee on a transfer bond in accordance with Rule 69B-221.105, F.A.C.

(b) A bail bond agent may not deduct a transfer fee, or other additional fee, surcharge or commission, from the amount of collateral charged, except as provided in Section 648.571(3)(b), F.S., at the time the collateral is returned.

Specific Authority 648.26(1)(a) FS. Law Implemented 648.33, 648.44(1)(j) FS. History–New 11-5-89, Formerly 4-1.020, Amended 4-14-97, 1-22-03, Formerly 4-221.145.

69B-221.150 Department May Request Information.

The Department may request any licensee or insurer to furnish it with any information concerning the bail bond business of any licensee or insurer which it deems necessary.

Specific Authority 648.26 FS. Law Implemented 624.318(2), 648.27, 648.36, 648.365, 648.48 FS. History–Repromulgated 12-24-74, Formerly 4-1.10, Amended 9-10-91, Formerly 4-1.010, Amended 4-14-97, 1-22-03, Formerly 4-221.150.