(1) “Bail bond agency” means:
(a) The building where a licensee maintains an office and where all records required by ss. 648.34 and 648.36 are maintained; or
(b) An entity that:
1. Charges a fee or premium to release an accused defendant or detainee from jail; or
2. Engages in or employs others to engage in any activity that may be performed only by a licensed and appointed bail bond agent.
(2) “Bail bond agent” means a limited surety agent or a professional bail bond agent as hereafter defined.
(3) “Managing general agent” means any individual, partnership, association, or corporation appointed or employed by an insurer to supervise or manage the bail bond business written in this state by limited surety agents appointed by the insurer.
(4) “Insurer” means any domestic, foreign, or alien surety company which has been authorized to transact surety business in this state.
(5) “Limited surety agent” means any individual appointed by an insurer by power of attorney to execute or countersign bail bonds in connection with judicial proceedings who receives or is promised money or other things of value therefor.
(6) “Primary bail bond agent” means a licensed bail bond agent who is responsible for the overall operation and management of a bail bond agency location and whose responsibilities include hiring and supervising all individuals within that location. A bail bond agent may be designated as primary bail bond agent for only one bail bond agency location.
(7) “Professional bail bond agent” means any person who pledges United States currency, United States postal money orders, or cashier’s checks as security for a bail bond in connection with a judicial proceeding and receives or is promised therefor money or other things of value.
(8) “Temporary bail bond agent” means a person employed by a bail bond agent or agency, insurer, or managing general agent, and such licensee has the same authority as a licensed bail bond agent, including presenting defendants in court; apprehending, arresting, and surrendering defendants to the proper authorities, while accompanied by a supervising bail bond agent or an agent from the same agency; and keeping defendants under necessary surveillance. However, a temporary licensee may not execute or sign bonds, handle collateral receipts, or deliver bonds to appropriate authorities. A temporary licensee may not operate an agency or branch agency separate from the location of the supervising bail bond agent, managing general agent, or insurer by whom the licensee is employed. This does not affect the right of a bail bond agent or insurer to hire counsel or to obtain the assistance of law enforcement officers.
History.—s. 1, ch. 29621, 1955; s. 2, ch. 57-63; s. 6, ch. 65-492; ss. 13, 35, ch. 69-106; s. 177, ch. 70-339; s. 272, ch. 71-377; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 1, 71, 72, ch. 82-175; s. 138, ch. 83-216; ss. 1, 50, 51, ch. 84-103; s. 22, ch. 85-208; s. 5, ch. 87-321; ss. 1, 46, 47, ch. 90-131; s. 4, ch. 91-429; s. 1, ch. 96-372; s. 28, ch. 96-388; s. 2, ch. 2002-260; s. 1650, ch. 2003-261.
Note.—Former s. 903.37.
Structure Florida Statutes
Chapter 648 - Bail Bond Agents
648.24 - Declaration of Public Policy.
648.26 - Department of Financial Services; Administration.
648.27 - Licenses and Appointments; General.
648.285 - Bond Agency; Ownership Requirements.
648.29 - Build-Up Funds Posted by Bail Bond Agent.
648.295 - Reporting and Accounting of Funds.
648.30 - Licensure and Appointment Required; Prohibited Acts; Penalties.
648.31 - Appointment Taxes and Fees.
648.315 - Number of Applications for Licensure Required.
648.34 - Bail Bond Agents; Qualifications.
648.35 - Professional Bail Bond Agent; Qualifications.
648.36 - Bail Bond Agent’s Records.
648.365 - Statistical Reporting Requirements; Penalty for Failure to Comply.
648.38 - Licensure Examination for Bail Bond Agents; Time; Place; Fees; Scope.
648.383 - Renewal, Continuation, Reinstatement, and Termination of Appointment; Bail Bond Agents.
648.384 - Effect of Expiration of Appointment; Bail Bond Agents.
648.385 - Continuing Education Required; Requirements.
648.386 - Qualifications for Prelicensing and Continuing Education Schools and Instructors.
648.387 - Primary Bail Bond Agents; Duties.
648.388 - Insurer Must Appoint Managing General Agent.
648.40 - Application for Appointment of Professional Bail Bond Agents; Termination.
648.41 - Termination of Appointment of Temporary Bail Bond Agents.
648.42 - Registration of Bail Bond Agents.
648.421 - Notice of Change of Address or Telephone Number.
648.43 - Power of Attorney; Approval by Office; Filing of Copies; Notification of Transfer Bond.
648.44 - Prohibitions; Penalty.
648.441 - Furnishing Supplies to Unlicensed Bail Bond Agent Prohibited; Civil Liability and Penalty.
648.442 - Collateral Security.
648.45 - Actions Against a Licensee; Suspension or Revocation of Eligibility to Hold a License.
648.46 - Procedure for Disciplinary Action Against Licensees.
648.48 - Witnesses and Evidence.
648.49 - Duration of Suspension or Revocation.
648.50 - Effect of Suspension, Revocation Upon Associated Licenses and Licensees.
648.51 - Surrender of License.
648.55 - All Bail Bond Agents of Same Agency; Licensed by Same Companies.