Bail bond laws in Florida
If you have thought about becoming a bail bond agent or you may need a bail bond agent in Florida, it’s important to know the laws. Below are the laws regarding bail bond agents in Florida.
(1) Bail bond agents or agencies can’t:
- Advise or suggest a particular agent to represent their principal.
- Indirectly or directly solicit business on the grounds or property of a prison, jail, or any other place where the prisoners are confined. They also may not solicit business on the court property. They can’t distribute business cards or any type of print advertising or any type of oral information to potential indemnitors or prisoners unless the prisoner or potential indemnitor asks for it. The only type of advertising that’s allowed in the jail is the phone number and the bond’s name, address and phone number in an area that’s designated inside the jail.
- Initiate a telephone or in-person solicitation before 8 in the morning or after 9 at night when it involves domestic violence at the detainee’s residence or their family. Any type of phone solicitation that isn’t covered with this chapter has to comply with the requirements for phone solicitation in: ss. 501.059(2) and (4), 501.613, and 501.616(6).
- Display or wear any type of identification besides that which is department approved or issued or approved identification from the department. This includes the arrest powers that the licensee has on or in the grounds or property of a prison, jail, or any other place which confines prisoners. They also may not display it in or on a court’s grounds or property.
- Pay rebate or fee or promise or give anything that’s valuable peace officer, police officer, court judge or jailer, or anyone who is able arrest a person or hold them in custody so that they’ll be able to secure a reduction in bail, remission, settlement or compromise.
- Pay something or offer something valuable to an attorney when it comes to bail bond unless it’s due to an action defense in regards to a bond.
- Pay a rebate or fee or promise something of value to someone in a principal’s family or the principal themselves.
- Loiter around or in a courthouse, jail, or other places where prisoners will be confined. (g) Pay a fee or rebate or give or promise anything of value to the principal or anyone in his or her behalf.
- Participate as a lawyer at a hearing or trial for a person who they know.
- Accept anything valuable from principal for providing the bail bond with the exception of the transfer fee and premium the office authorized, except for collateral that’s acceptable by the agent or other type of indemnity from the principal themselves or someone who is acting on their behalf. No expenses, charges, or fees of any kind can be deducted from the collateral or any type of return premium that’s except that is authorized by the department of commission. Agents can receive a compensation, as long as they have written agreement with another party, for returning someone to custody who’s forfeited the bond or fled the jurisdiction.
- Write multiple POAs for each charge on the bond, unless with a consurety unless the cosurety is prohibited by the POA.
- Execute a Florida bond on their own behalf.
- Execute a Florida bond if there’s a judgement entered on the bond that the agent has executed and it’s been unpaid for a period of 35 days, unless the whole judgment amount was deposited according to s. 903.27(5).
- Make a representation or statement to the court, unless it’s done under oath. This can’t be deceptive, misleading or false.
- Try collecting through coercion or threat money due for a bond when violating s. 559.72.
- Do business regarding a bail bond with anyone, except the defendant, in or on a courthouse or jail’s bonds to execute a bond.
The following classes or people can’t be bond agents, whether permanent or temporary, or work at a business of a bail bond. They also cannot indirectly or directly receive any kinds of benefits from bail bond execution.
- People who work in any type of jail
- People who work in a law enforcement agency or police department
- People who work in a sheriff’s department
- Lawyers or attorneys
- People who can arrest people or people who have the control over or authority of municipal, county, state or federal prisoners.
Bail bond agents can’t countersign or sign in blank a bond, provide authority or POA to anyone so that they can countersign their name to a bond unless that authorized person is an appointed and licensed bond agent employed directly by the agent who is giving that authority.
It’s not permitted to open, maintain or establish a bond agency unless there’s a full time and active charge of an appointed and licensed bond agent.
Except when it’s between appointed and licensed agents, bond agents are not allowed to share in, or divide with other agents, the commissions that are payable on a bail bond account.
(a) Bond agencies can’t advertise that they are surety companies or bail bond companies.
(b) Any deceptive trade practices or false advertisements are prohibited as is provided in part 4 of chapter 626.
(c) Advertising reduced rates in premiums is prohibited.
(d) As of October 1, 2002, bail bond agencies can’t use names implying reduced rates.
Bond agents can’t make material omissions or misrepresentations in their statements or even use advertisements that display material representations of any facts, create any unjust expectations with regards to us or compare improperly.
A bond agent can’t advertise under or own firm names that are deceptive, misleading or false. They also can’t use trade names implying connections with a government agency.
Bond agents can’t use a name or an advertisement that has the word free in it.
Bond agents can’t advertise using a trade name without the address and name appearing on the business cards or letterhead of the agent. This name also has to be department registered.
Any type of advertising that is permissible by an agency or agent has to include that address that’s been filed with that department.
(a) Anyone who’s pleaded no contest or guilty to a crime or felony which involves a imprisonment of at least a year under any country, territory or state law, no matter whether there was adjudication of guilt that was withheld, can’t act in any capacity for an agency that issues bail bonds or work as an agent, director, manager, employee or director of the agency or office. These restrictions on engaging with the business of bail bonds will continue to be true during an appeal that is pending.
(b) Anyone who violates the above paragraph’s provisions or someone who knowingly lets someone who has pleaded guilty as in paragraph a for engaging the bond business is committing a third degree felony, Any as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Any type office of the state attorney, insurer, law enforcement agency, or court clerk that knows that the temporary agent or agent pled guilty to or was convicted of as outlined in paragraph a should tell the department.
(d) When filing the indictment or information about a temporary or permanent agent, the court clerk or state attorney must give the department immediately a copy of the indictment or information. This must be certified.
(a) Anyone who is violating any provisions of the following paragraphs: Any person who violates any provisions of paragraph (1) (e), (1) (f), (1) (g), (1) (j), (1) (n), or subsection (2) will commit a third degree felony and it’s punishable as outlined in s. 775.082, s. 775.083, or s. 775.084.
(b) Anyone who is violating the provisions of the following paragraphs: (1)(a), (1)(b), (1)(c), (1)(h), (1)(k), (1)(m), (1)(o), (1)(p), or the following subsections: (3), (4), or (5) is committing a first degree misdemeanor as outlined in s. 775.082 or s. 775.083.
We are located within walking distance of the Lee County and Hendry County Jails. We offer prompt, courteous services to obtain the quick release of our clients from Southwest Florida detention facilities. We also offer bond postings outside our local area through our Surety Network. We accept all major credit cards, Western Union, and personal checks.