Bill Text: FL S1150 | 2015 | Regular Session | Introduced
Bill Title: Bail Bonds
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-01 - Withdrawn from further consideration [S1150 Detail]
Download: Florida-2015-S1150-Introduced.html
Florida Senate - 2015 SB 1150
By Senator Grimsley
21-01036A-15 20151150__
1 A bill to be entitled
2 An act relating to bail bonds; amending s. 648.285,
3 F.S.; revising the requirements for a person to own,
4 control, or otherwise have a pecuniary interest in a
5 bail bond agency; amending s. 648.34, F.S.; revising
6 the eligibility requirements for bail bond agent
7 applicants; amending s. 648.387, F.S.; providing
8 requirements for primary bail bond agents; amending s.
9 648.44, F.S.; adding prohibitions to the way a bail
10 bond agent or temporary bail bond agent solicits
11 business; requiring a bail bond agent or agency
12 Internet solicitation to include a physical address;
13 requiring a fine and temporary license suspension for
14 specified violations; requiring a fine and revocation
15 of certain licenses for a second violation; providing
16 requirements for relicensing; amending s. 903.045,
17 F.S.; revising legislative intent; amending s. 903.22,
18 F.S.; providing circumstances under which, while on
19 bond with the surety, a breach of the bail bond
20 conditions occurs; amending s. 903.26, F.S.; revising
21 the circumstances under which a court must discharge a
22 bond forfeiture; amending s. 903.28, F.S.; deleting a
23 condition for the remission of bond forfeiture;
24 reenacting s. 648.285(2), F.S., to incorporate the
25 amendment made to s. 648.387, F.S., in a reference
26 thereto; reenacting s. 648.45(4), F.S., to incorporate
27 the amendment made to s. 648.44, F.S., in a reference
28 thereto; reenacting s. 903.36(4), F.S., to incorporate
29 the amendment made to s. 903.045, F.S., in a reference
30 thereto; providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Subsection (1) of section 648.285, Florida
35 Statutes, is amended to read:
36 648.285 Bond agency; ownership requirements.—
37 (1) A person may not own, control, or otherwise have a
38 pecuniary interest in a bail bond agency unless such individual
39 has successfully completed the requisite 1-year period as a
40 temporary bail bond agent and has been fully licensed and
41 appointed as a limited surety agent or professional bail bond
42 agent for at least 4 years is a licensed and appointed bail bond
43 agent. Any agency that is not in compliance with this subsection
44 shall be subject to the issuance of an immediate final order of
45 suspension of all operations until the agency achieves
46 compliance.
47 Section 2. Paragraph (a) of subsection (2) of section
48 648.34, Florida Statutes, is amended to read:
49 648.34 Bail bond agents; qualifications.—
50 (2) To qualify as a bail bond agent, it must affirmatively
51 appear at the time of application and throughout the period of
52 licensure that the applicant has complied with the provisions of
53 s. 648.355 and has obtained a temporary license pursuant to such
54 section and:
55 (a) The applicant is a natural person who is at least has
56 reached the age of 18 years of age, and holds a high school
57 diploma or its equivalent, and
58 1. Holds an associate degree from an accredited college,
59 university, or community college; or
60 2. Has at least 2 years of continuous full-time experience
61 in law enforcement or at least 2 years of continuous full-time
62 experience in the military services and was honorably discharged
63 before submitting an application.
64 Section 3. Subsection (1) of section 648.387, Florida
65 Statutes, is amended to read:
66 648.387 Primary bail bond agents; duties.—
67 (1) The owner or operator of a bail bond agency shall
68 designate a primary bail bond agent for each location, and shall
69 file with the department the name and license number of the
70 person and the address of the location on a form approved by the
71 department. Before being designated as a primary bail bond
72 agent, the bail bond agent must have first completed 2 years of
73 continuous full-time experience of at least 30 hours of work per
74 week as a duly licensed and appointed limited surety agent. The
75 designation of the primary bail bond agent may be changed if the
76 department is notified immediately. Failure to notify the
77 department within 10 working days after such change is grounds
78 for disciplinary action pursuant to s. 648.45.
79 Section 4. Paragraph (b) of subsection (1) and subsection
80 (9) of section 648.44, Florida Statutes, are amended to read:
81 648.44 Prohibitions; penalty.—
82 (1) A bail bond agent or temporary bail bond agent may not:
83 (b) Directly or indirectly solicit business by a licensed
84 or unlicensed person in or on the property or grounds of the
85 residence of the defendant, the defendant’s family, or bond
86 indemnitor; on the property or grounds of a jail, prison, or
87 other place where prisoners are confined; or in or on the
88 property or grounds of any court or the residence of the
89 detainee or the detainee’s family. The term “solicitation”
90 includes using the Internet to solicit a magistrate’s court, to
91 solicit a sheriff’s website, the distribution of business cards,
92 print advertising, or other written or oral information directed
93 to prisoners or potential indemnitors by a licensed or
94 unlicensed person at the jail or residence of the detainee,
95 unless a request is initiated by the defendant, prisoner or a
96 potential indemnitor, or an attorney. Permissible print
97 advertising in the jail is strictly limited to a listing in a
98 telephone directory and the posting of the bail bond agent’s or
99 agency’s name, address, and telephone number in a designated
100 location within the jail. Permissible Internet advertising on a
101 website must prominently display the bail bond agent’s or
102 agency’s physical address on the first or front page of all
103 advertisements.
104 (9)(a) A Any person who violates any provisions of
105 paragraph (1)(e), paragraph (1)(f), paragraph (1)(g), paragraph
106 (1)(j), or paragraph (1)(n), or subsection (2) commits a felony
107 of the third degree, punishable as provided in s. 775.082, s.
108 775.083, or s. 775.084.
109 (b) A Any person who violates the provisions of paragraph
110 (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(h),
111 paragraph (1)(k), paragraph (1)(m), paragraph (1)(o), paragraph
112 (1)(p), subsection (3), subsection (4), or subsection (5)
113 commits a misdemeanor of the first degree, punishable as
114 provided in s. 775.082 or s. 775.083. Upon the commission of a
115 first offense, a fine of up to $10,000 shall be levied against
116 the offender, and his or her license as a limited surety agent
117 or professional bail bond agent shall be suspended for 6 months.
118 Upon the commission of a second offense, a fine of up to $10,000
119 shall be levied against the offender, and his or her license as
120 a limited surety agent or professional bail bond agent shall be
121 revoked. However, notwithstanding any other provision in this
122 chapter, a person who has had his or her eligibility to hold a
123 license or appointment revoked for violating this paragraph may
124 not be granted a bail bond agent or temporary bail bond agent
125 license until he or she demonstrates satisfactory completion of
126 the limited surety agent and professional bail agent educational
127 requirements, including serving as a temporary agent in
128 accordance with s. 648.355.
129 Section 5. Section 903.045, Florida Statutes, is amended to
130 read:
131 903.045 Nature of criminal surety bail bonds.—It is the
132 public policy of this state and the intent of the Legislature
133 that a criminal surety bail bond, executed by a bail bond agent
134 licensed pursuant to chapter 648 in connection with the pretrial
135 or appellate release of a criminal defendant, shall be construed
136 as a commitment by and an obligation upon the bail bond agent to
137 ensure that the defendant appears at all subsequent criminal
138 proceedings and otherwise fulfills all conditions of the bond.
139 The failure of a defendant to appear at any subsequent criminal
140 proceeding related to the case at issue or the breach by the
141 defendant of any other condition of the bond constitutes a
142 breach by the bail bond agent of this commitment and obligation.
143 Section 6. Section 903.22, Florida Statutes, is amended to
144 read:
145 903.22 Arrest of principal by surety before forfeiture.—
146 (1) A surety may arrest the defendant before a forfeiture
147 of the bond for the purpose of surrendering the defendant or the
148 surety may authorize a peace officer to make the arrest by
149 endorsing the authorization on a certified copy of the bond.
150 (2) The arrest of a defendant for or the charging of a
151 defendant with a criminal offense other than a minor traffic
152 violation while on bond with the surety, or his or her
153 commission of any other violation of a pretrial condition
154 ordered by the court, constitutes a breach of the bail bond
155 conditions.
156 Section 7. Subsection (5) of section 903.26, Florida
157 Statutes, is amended to read:
158 903.26 Forfeiture of the bond; when and how directed;
159 discharge; how and when made; effect of payment.—
160 (5) The court must shall discharge a forfeiture within 60
161 days after any of the following upon:
162 (a) A determination that it was impossible for the
163 defendant to appear as required due to circumstances beyond the
164 defendant’s control. The potential adverse economic consequences
165 of appearing as required are shall not be considered as
166 constituting a ground for this such a determination.;
167 (b) A determination that, at the time of the required
168 appearance, the defendant was adjudicated insane and confined in
169 an institution or hospital; or was confined in a local, state,
170 federal, or immigration jail or prison or other detention
171 center; or is deceased.;
172 (c) Surrender or arrest of the defendant if the delay has
173 not thwarted the proper prosecution of the defendant. If the
174 forfeiture has been before discharge, the court shall direct
175 remission of the forfeiture. The court shall condition a
176 discharge or remission on the payment of costs and the expenses
177 incurred by an official in returning the defendant to the
178 jurisdiction of the court.
179 Section 8. Subsection (2) of section 903.28, Florida
180 Statutes, is amended to read:
181 903.28 Remission of forfeiture; conditions.—
182 (2) If the defendant surrenders or is apprehended within 90
183 days after forfeiture, the court, on motion at a hearing upon
184 notice having been given to the clerk of the circuit court and
185 the state attorney as required in subsection (8), must shall
186 direct remission of up to, but not more than, 100 percent of a
187 forfeiture if the surety apprehended and surrendered the
188 defendant or if the apprehension or surrender of the defendant
189 was substantially procured or caused by the surety, or the
190 surety has substantially attempted to procure or cause the
191 apprehension or surrender of the defendant, and the delay has
192 not thwarted the proper prosecution of the defendant. In
193 addition, remission must shall be granted when the surety did
194 not substantially participate or attempt to participate in the
195 apprehension or surrender of the defendant if when the costs of
196 returning the defendant to the jurisdiction of the court have
197 been deducted from the remission and if when the delay has not
198 thwarted the proper prosecution of the defendant.
199 Section 9. For the purpose of incorporating the amendment
200 made by this act to section 648.387, Florida Statutes, in a
201 reference thereto, subsection (2) of section 648.285, Florida
202 Statutes, is reenacted to read:
203 648.285 Bond agency; ownership requirements.—
204 (2) If the owner of a bail bond agency dies or becomes
205 mentally incapacitated, a personal representative or legal
206 guardian may be issued a temporary permit to manage the affairs
207 of the bail bond agency. Such person must appoint or maintain
208 the appointment of a primary bail bond agent, as provided in s.
209 648.387, and may not engage in any activities as a licensed bail
210 bond agent but must comply with s. 648.387 during the
211 administration of the estate or guardianship. A temporary permit
212 is valid for a maximum of 24 months.
213 Section 10. For the purpose of incorporating the amendment
214 made by this act to section 648.44, Florida Statutes, in a
215 reference thereto, subsection (4) of section 648.45, Florida
216 Statutes, is reenacted to read:
217 648.45 Actions against a licensee; suspension or revocation
218 of eligibility to hold a license.—
219 (4) Any licensee found to have violated s. 648.44(1)(b),
220 (d), or (i) shall, at a minimum, be suspended for a period of 3
221 months. A greater penalty, including revocation, shall be
222 imposed if there is a willful or repeated violation of s.
223 648.44(1)(b), (d), or (i), or the licensee has committed other
224 violations of this chapter.
225 Section 11. For the purpose of incorporating the amendment
226 made by this act to section 903.045, Florida Statutes, in a
227 reference thereto, subsection (4) of section 903.36, Florida
228 Statutes, is reenacted to read:
229 903.36 Guaranteed arrest bond certificates as cash bail.—
230 (4) The provisions of s. 903.045 applicable to bail bond
231 agents shall apply to surety insurers and their licensed general
232 lines agents who execute bail bonds pursuant to this section.
233 Section 12. This act shall take effect July 1, 2015.
