(1) Each insurer and each bail bond agent who writes bail bonds in this state, shall maintain and transmit the following information, based on their Florida bail bond business, to the department or office when requested and shall report the information separately for each company represented but only insurers shall report the information specified in paragraphs (a), (l), and (m):
(a) Commissions paid.
(b) The number of, and the total dollar amount of, bonds executed.
(c) The number of, and the total dollar amount of, bonds declared forfeited.
(d) The number of, and the total dollar amount of, forfeitures discharged, remitted, or otherwise recovered prior to payment for any reason.
(e) The number of, and the total dollar amount of, forfeitures discharged, remitted, or otherwise recovered prior to payment due to the apprehension of the defendant by the bail bond agent.
(f) The number of, and the total dollar amount of, judgments entered.
(g) The number of, and the total dollar amount of, forfeitures paid and subsequently recovered from the court by discharge or remission or otherwise.
(h) A list of every outstanding or unpaid forfeiture, estreature, and judgment, with the case number and the name of the court in which such forfeiture, estreature, or judgment is recorded and the name of each agency or firm that employs the bail bond agent.
(i) The number of, and the total dollar amount of, bonds for which collateral was accepted.
(j) The actual realized value of collateral converted, excluding the cost of converting the collateral.
(k) The cost of converting collateral.
(l) The underwriting gain or loss.
(m) The net investment gain or loss allocated to the flow of funds associated with Florida business.
(n) Such additional information as the department or office may require in order to:
1. Evaluate the reasonableness of rates or assure that such rates are not excessive or unfairly discriminatory.
2. Evaluate the financial condition or trade practices of bail bond agents and sureties executing bail bonds.
3. Evaluate the performance of the commercial bail bond industry in accordance with appropriate criminal justice system goals and standards.
Each bail bond agent shall submit a copy of such information to each insurer he or she represents.
(2) Any person who intentionally fails to provide the information in this section when requested by the department or office, intentionally provides incorrect or misleading information, or intentionally omits any required information commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 13, 72, ch. 82-175; ss. 14, 50, 51, ch. 84-103; s. 5, ch. 87-321; s. 84, ch. 89-360; ss. 15, 46, 47, ch. 90-131; s. 4, ch. 91-429; s. 15, ch. 96-372; s. 1656, ch. 2003-261.
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.