Chapter 648 — Chapter 648
49 sections in this chapter.
Fla. Stat. § 648.24 Declaration of public policy
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It is the public policy of this state and the intent of the Legislature that a bond for which fees or premiums are charged must be executed by a bail bond agent licensed pursuant to this chapter in connection with the pretrial or appellate release of a criminal defendant and shal…
Fla. Stat. § 648.25 Definitions
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As used in this chapter, the term:(1) “Appointment” means the authority given by an insurer or the managing general agent of an insurer through the department to a licensee to transact insurance or adjust claims on behalf of the insurer or managing general agent.(2) “Bail bond ag…
Fla. Stat. § 648.26 Department of Financial Services; administration
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(1) The department shall administer the provisions of this chapter as provided in this chapter.(a) The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring powers or duties upon it.(b) The department …
Fla. Stat. § 648.27 Licenses and appointments; general
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(1) A license may not be issued except in compliance with this chapter, and may not be issued except to an individual. A firm, partnership, association, or corporation, as such, may not be licensed.(2) For the protection of the people of this state, the department may not issue, …
Fla. Stat. § 648.279 Scope of license
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The issuance of a license pursuant to the provisions of this chapter shall confer upon the holder the right to perform all duties and powers as authorized or conferred by the laws of this state.
Fla. Stat. § 648.285 Bond agency; ownership requirements; applications for bail bond agency licenses
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(1) A person may not own, control, manage, or otherwise have a pecuniary interest in a bail bond agency unless such individual is licensed pursuant to s. 648.27, appointed through the department, and actively engaged as a bail bond agent for at least the preceding 24 months. Any …
Fla. Stat. § 648.29 Build-up funds posted by bail bond agent
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(1) All build-up funds pledged to indemnify an insurer which are posted by a bail bond agent or agency with the insurer must be held in an individual build-up trust account for the agent or agency in an FDIC-approved or FSLIC-approved bank or savings and loan association in this …
Fla. Stat. § 648.295 Reporting and accounting of funds
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(1) All premiums, return premiums, or other funds belonging to insurers or others received by a person licensed pursuant to this chapter in transactions under her or his license are trust funds received by the licensee in a fiduciary capacity, and the licensee must account for an…
Fla. Stat. § 648.30 Licensure and appointment required; prohibited acts; penalties
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(1)(a) A person or entity may not act in the capacity of a bail bond agent or bail bond agency or perform any of the functions, duties, or powers prescribed for bail bond agents or bail bond agencies under this chapter unless that person or entity is qualified, licensed, and appo…
Fla. Stat. § 648.31 Appointment taxes and fees
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The department shall collect in advance all appointment taxes and fees for the issuance of any appointment to a bail bond agent as provided in s. 624.501. There is no fee for the issuance of any appointment to a bail bond agency.
Fla. Stat. § 648.315 Number of applications for licensure required
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After a license as a bail bond agent has been issued to an individual, the same individual is not required to file another application for a similar license unless:(1) Specifically ordered by the department to complete a new application; or(2) A period of 48 months transpires bet…
Fla. Stat. § 648.33 Bail bond rates
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(1) Bail bond rates are subject to the provisions of part I of chapter 627 of the insurance code.(2) It is unlawful for a bail bond agent to execute a bail bond without charging a premium therefor, and the premium rate may not exceed or be less than the premium rate as filed with…
Fla. Stat. § 648.34 Bail bond agents; qualifications
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(1) An application for licensure as a bail bond agent must be submitted on forms prescribed by the department. The application must include the applicant’s full name; date of birth; social security number; residence, business, and mailing addresses; contact telephone numbers, inc…
Fla. Stat. § 648.35 Professional bail bond agent; qualifications
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In addition to the qualifications prescribed in s. 648.34, to qualify as a professional bail bond agent an applicant shall:(1) File with his or her application for licensure and with each application for renewal or continuation of his or her appointment a detailed financial state…
Fla. Stat. § 648.355 Limited surety agents and professional bail bond agents; qualifications
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(1) The applicant shall furnish, with the application for license, a complete set of the applicant’s fingerprints in accordance with s. 626.171(4). The department may not issue a license under this section until the department has received a report from the Department of Law Enfo…
Fla. Stat. § 648.36 Bail bond agent’s records
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Each licensee must maintain in his or her office such records of bail bonds executed or countersigned by him or her to enable the department to obtain all necessary information concerning such bail bonds for at least 3 years after the liability of the surety has been terminated. …
Fla. Stat. § 648.365 Statistical reporting requirements; penalty for failure to comply
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(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…
Fla. Stat. § 648.38 Licensure examination for bail bond agents; time; place; fees; scope
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(1) Upon approval by the department of a licensure application, the applicant for licensure as a bail bond agent shall appear in person to take a written examination prepared by the department, or by a person designated by the department for that purpose, testing the applicant’s …
Fla. Stat. § 648.381 Reexamination
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Any applicant for licensure who has taken an examination and failed to make a passing grade, has failed to appear for the examination, or has failed to take or complete the examination at the time and place specified in the notice of the department may take additional examination…
Fla. Stat. § 648.382 Appointment of bail bond agents and bail bond agencies; effective date of appointment
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(1)(a) Each insurer or managing general agent appointing a bail bond agent or bail bond agency in this state must file the appointment with the department and, at the same time, pay the applicable appointment fees and taxes. A person appointed under this section must hold a valid…
Fla. Stat. § 648.383 Renewal, continuation, reinstatement, and termination of appointment; bail bond agents
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(1) The appointment of a bail bond agent shall continue in force unless suspended, revoked, or otherwise terminated, subject to a renewal request filed by the appointing entity in the appointee’s birth month and every 24 months thereafter. A renewal request must be filed with the…
Fla. Stat. § 648.384 Effect of expiration of appointment; bail bond agents
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(1) Upon the expiration of any person’s appointment as provided in s. 648.383, such person is without any authority to engage or attempt to engage in any activity requiring such appointment.(2) If a bail bond agent fails to maintain an appointment with an insurer during any 48-mo…
Fla. Stat. § 648.385 Continuing education required; requirements
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(1) The purpose of this section is to establish requirements and standards for continuing education courses for persons authorized to write bail bonds in this state.(2) Each person subject to this chapter must complete a minimum of 14 hours of continuing education courses every 2…
Fla. Stat. § 648.386 Qualifications for prelicensing and continuing education schools and instructors
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(1) DEFINITION OF “CLASSROOM INSTRUCTION”.—As used in this section, the term “classroom instruction” means a course designed to be presented to a group of students by a live instructor using lecture, video, webcast, or virtual or other audio-video presentation.(2) SCHOOLS AND CUR…
Fla. Stat. § 648.387 Bail bond agent in charge; duties
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(1) The owner or operator of a bail bond agency shall designate a bail bond agent in charge for each location, and shall file with the department the name and license number of the person and the address of the location on a form approved by the department. The designation of the…
Fla. Stat. § 648.3875 Bail bond agent in charge; qualifications
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(1) An application for designation as a bail bond agent in charge must be submitted on forms prescribed by the department. The application must include the applicant’s full name and the applicant’s license number issued pursuant to s. 648.27.(2) To qualify as a bail bond agent in…
Fla. Stat. § 648.388 Insurer must appoint managing general agent
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Any insurer regularly engaged in the execution of bail bonds in this state shall have a managing general agent in this state to supervise its agents. Upon the appointment of a managing general agent, the insurer shall file with the department an affidavit under oath, executed by …
Fla. Stat. § 648.39 Termination of appointment of managing general agents, bail bond agents, and bail bond agencies
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(1) An insurer that terminates the appointment of a managing general agent, bail bond agent, or bail bond agency shall, within 10 days after such termination, file written notice thereof with the department together with a statement that it has given or mailed notice to the termi…
Fla. Stat. § 648.40 Application for appointment of professional bail bond agents; termination
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(1) Upon licensure as a professional bail bond agent, the licensee shall file an application for appointment with the department together with the required appointment fees and taxes as prescribed in s. 624.501.(2) Any professional bail bond agent who discontinues writing bail bo…
Fla. Stat. § 648.42 Registration of bail bond agents
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A bail bond agent may not become a surety on an undertaking unless he or she has registered in the office of the sheriff and with the clerk of the circuit court in the county in which the bail bond agent resides. The bail bond agent may register in a like manner in any other coun…
Fla. Stat. § 648.421 Notice of change of address or telephone number
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Each licensee under this chapter shall notify in writing the department, insurer, managing general agent, and the clerk of each court in which the licensee is registered within 10 working days after a change in the licensee’s principal business address or telephone number. The li…
Fla. Stat. § 648.43 Power of attorney; approval by office; filing of copies; notification of transfer bond
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(1) Every insurer engaged in the writing of bail bonds through bail bond agents in this state shall submit to the office for prior approval a sample power of attorney, which shall be the only form of power of attorney the insurer issues to bail bond agents in this state.(2) Every…
Fla. Stat. § 648.44 Prohibitions; penalty
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(1) A bail bond agent or bail bond agency may not:(a) Suggest or advise the employment of, or name for employment, any particular attorney or attorneys to represent his or her principal.(b) Directly or indirectly solicit business in or on the property or grounds of a jail, prison…
Fla. Stat. § 648.441 Furnishing supplies to unlicensed bail bond agent prohibited; civil liability and penalty
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(1) An insurer, managing general agent, bail bond agent, or bail bond agency appointed under this chapter may not furnish to any person any blank forms, applications, stationery, business card, or other supplies to be used in soliciting, negotiating, or effecting bail bonds until…
Fla. Stat. § 648.442 Collateral security
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(1) Collateral security or other indemnity accepted by a bail bond agent, except a promissory note or an indemnity agreement, shall be returned upon final termination of liability on the bond. Such collateral security or other indemnity required by the bail bond agent must be rea…
Fla. Stat. § 648.4425 Notice
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(1) Upon issuing a bond, the bail bond agent shall provide to the principal and, if applicable, to the party rendering collateral or indemnifying the surety an informational notice which shall include:(a) A statement noting with particularity the restrictions, if any, placed on t…
Fla. Stat. § 648.45 Actions against a licensee; suspension or revocation of eligibility to hold a license
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(1) The department shall, upon receipt of an information or indictment, immediately temporarily suspend any license or appointment issued under this chapter when the licensee has been charged with a felony or a crime involving moral turpitude or a crime punishable by imprisonment…
Fla. Stat. § 648.46 Procedure for disciplinary action against licensees
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(1) The department shall investigate the actions of a licensee when it receives a written complaint containing allegations of fact that, if true, show that a violation of this chapter, or a rule adopted pursuant thereto, has occurred. The department shall also investigate a licen…
Fla. Stat. § 648.48 Witnesses and evidence
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(1) With respect to the subject of any examination or investigation being conducted by the department, the agent or examiner appointed by the department may administer oaths, examine and cross-examine witnesses, and receive oral and documentary evidence and shall have the power t…
Fla. Stat. § 648.49 Duration of suspension or revocation
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(1) The department shall, in its order suspending a license or appointment or in its order suspending the eligibility of a person to hold or apply for a license or appointment, specify the period during which the suspension is to be in effect, but such period may not exceed 2 yea…
Fla. Stat. § 648.50 Effect of suspension, revocation upon associated licenses and licensees
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(1) Upon the suspension, revocation, or refusal to renew or continue any license or appointment or the eligibility to hold a license or appointment of a bail bond agent or bail bond agency, the department shall at the same time likewise suspend or revoke all other licenses or app…
Fla. Stat. § 648.51 Surrender of license
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(1) Though issued to a licensee, all licenses issued under this chapter are at all times the property of the state, and upon notice of any suspension, revocation, refusal to renew, failure to renew, expiration, or other termination of the license, such license shall no longer be …
Fla. Stat. § 648.52 Administrative fine
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(1) If, pursuant to the procedure described in s. 648.46, the department finds that one or more causes exist for the suspension of, revocation of, or refusal to renew or continue any license or appointment issued under this chapter, the department may, in its discretion, in lieu …
Fla. Stat. § 648.525 Civil assessment
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(1) The department may initiate a civil administrative proceeding against a licensee who fails to comply with the solicitation requirements of this chapter.(2) The burden of proof in such proceedings is by a preponderance of the evidence. Upon a finding that a licensee has failed…
Fla. Stat. § 648.53 Probation
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(1) If, pursuant to the procedure described in s. 648.46, the department finds that one or more causes exist for a fine, or for the suspension of, revocation of, or refusal to renew or continue any license or appointment issued under this chapter, the department may, in lieu of o…
Fla. Stat. § 648.55 All bail bond agents of same agency; licensed by same companies
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All bail bond agents who are members of the same agency, partnership, corporation, or association shall be appointed to represent the same companies. If any member of such agency, partnership, corporation, or association is licensed and appointed as a professional bail bond agent…
Fla. Stat. § 648.57 Penalty
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Any person or corporation, who is found guilty of violating any of the provisions of this chapter commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless a more severe criminal penalty is otherwise provided in this chapter with respe…
Fla. Stat. § 648.571 Failure to return collateral; penalty
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(1) A bail bond agent who has taken collateral or an insurer or managing general agent who holds collateral as security for a bail bond shall, upon demand, make a written request for a discharge of the bond to be delivered to the surety or the surety’s agent. A copy of the writte…
Fla. Stat. § 648.58 Injunctive proceedings
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In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any rule adopted pursuant to this chapter, the department may initiate a proceeding for injunction in the circuit court of the county where such person resides or…