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FL
237123
5-Hour Law and Ethics Update - Bail Bonds - CE5-237
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REGULATORY AWARENESS
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Licensing Requirements
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[<font face = "Times New Roman" size = "3">] [<i>] [<b>]§648.355 Temporary limited license as limited surety agent or professional bail bond agent; pending examination.—[</b>] (1) The department may, in its discretion, issue a temporary license as a limited surety agent or professional bail bond agent, subject to the following conditions: [<p id="2" />] (a) The applicant is a natural person at least 18 years of age and holds a high school diploma or its equivalent. [<p />] (c) The applicant is a person of high character and approved integrity and has never been convicted of or pleaded guilty or no contest to a felony, a crime involving moral turpitude, or a crime punishable by imprisonment of 1 year or more under the law of any state, territory, or country, whether or not a judgment or conviction is entered. [<p />] (d) Within 4 years prior to the date of application for a temporary license, the applicant has successfully completed a basic certification course in the criminal justice system, consisting of not less than 120 hours of classroom instruction with a passing grade of 80 percent or higher and has successfully completed a correspondence course for bail bond agents approved by the department. [<p />] (e) The applicant must be employed full time at the time of licensure, and at all times throughout the existence of the temporary license, by only one licensed and appointed supervising bail bond agent, who supervises the work of the applicant and is responsible for the licensee’s conduct in the bail bond business. The applicant must be appointed by the same insurers as the supervising bail bond agent. The supervising bail bond agent shall certify monthly to the department under oath, on a form prescribed by the department, the names and hours worked each week of all temporary bail bond agents. Filing a false certification is grounds for the immediate suspension of the license and imposition of a $5,000 administrative fine. The department may adopt rules that establish standards for the employment requirements. [<p />] (f) The application must be accompanied by an affidavit verifying proposed employment and a report as to the applicant’s integrity and moral character on a form prescribed by the department and executed by the proposed employer. [<p />] (g) The applicant must file with the department statements by at least three reputable citizens who are residents of the same counties in which the applicant proposes to engage as a temporary licensee. [<p />] (h) The applicant’s employer is responsible for the bail bonding acts of any licensee under this section. [<p />] (2) All applicable license fees, as prescribed in s. 624.501, must be paid before issuance of the temporary license. [<p id="10" />] (3) The temporary license shall be effective for 18 months, subject to earlier termination at the request of the employer or if suspended or revoked by the department. [<p />] (4) The applicant shall furnish, with the application for temporary license, a complete set of the applicant’s fingerprints and a recent credential-sized, fullface photograph of the applicant. The applicant’s fingerprints shall be certified by an authorized law enforcement officer. The department shall not issue a temporary license under this section until the department has received a report from the Department of Law Enforcement and the Federal Bureau of Investigation relative to the existence or nonexistence of a criminal history report based on the applicant’s fingerprints. [<p />] (5) The department may collect a fee necessary to cover the cost of a character and credit report made by an established and reputable independent reporting service. The fee shall be deposited to the credit of the Insurance Regulatory Trust Fund. [<p id="13" />] (6) After licensure as a temporary licensee for at least 12 months, such licensee may file an application for and become eligible for a regular bail bond agent’s license based on the licensee’s experience in the bail bond business and education pursuant to paragraph (1)(d) and, if otherwise qualified, take the required bail bond agent’s licensure examination. The applicant and supervising bail bond agent must each file an affidavit under oath, on a form prescribed by the department, verifying the required employment of the temporary agent before issuance of the license. [<p />] (7) In no event shall a temporary licensee licensed under this section perform any of the functions for which a bail bond agent’s license is required after expiration of the temporary license without having passed the written examination as for a regular bail bond agent’s license. [<p />] [<b>]§648.38 Licensure examination for bail bond agents; time; place; fees; scope.—[</b>] (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 ability and qualifications to be a bail bond agent. The department shall determine the minimum performance level required for passage of the examination in order to ensure that the applicant has an adequate level of competence and knowledge of the duties and responsibilities of a bail bond agent. [<p />] (2) The department or a person designated by the department shall provide notice of the time and place of the examination to each applicant for licensure required to take an examination who will be eligible to take the examination as of the examination date. The notice shall be e-mailed to the applicant at the e-mail address shown on his or her application for licensure. Notice shall be deemed given when so mailed. [<p />] (3) Prior to being permitted to take an examination, each applicant must pay the department or a person designated by the department an examination fee. The fee for examination is not refundable. [<p />] (4) The examination shall be held in an adequate and designated examination center in this state. [<p />] (5) The applicant must appear in person and take the examination for licensure at the time and place specified in the written notice. [<p />] (6) The examination shall be conducted by an employee of the department or a person designated by the department for that purpose. [<p />] (7) All examinations shall be given and graded in a fair and impartial manner and without unfair discrimination in favor of or against any particular applicant. [<p />] (8) The scope of the examination shall be as broad as the bail bond business. [<p />] (10) Any bail bond agent who successfully passes an examination and is subsequently licensed as a bail bond agent must be appointed within 48 months after the date of licensure or be subject to another examination unless failure to be so appointed was due to military service, in which case the period of time in which another examination is not required may, in the department’s discretion, be extended to 12 months following the date of discharge from military service, if the military service does not exceed 3 years. An extension of more than 6 years may not be granted under this subsection. [<p id="27" />] [<b>]§648.381 Reexamination.—[</b>] 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 examinations upon the filing of an application for reexamination, with applicable fees. The failure of an applicant to pass an examination or the failure to appear for the examination or to take or complete the examination does not preclude the applicant from taking subsequent examinations. A person who fails an examination three times must retake the 120-hour course and obtain a grade of 80 percent or higher before sitting for the examination again. [<p />] [<b>]69B-221.001 License Required[</b>] Any licensed bail bond agent, temporary bail bond agent, or managing general agent engaged in the bail bond business, who permits any person not licensed, as required under Chapter 648, F.S., to solicit or engage in the bail bond business in his behalf shall be deemed in violation of Section 648.30, F.S. A bail bond agent or duly licensed person from another state may apprehend, detain, or arrest a principal on a bond, as provided by law. [<p />] [<b>]69B-221.003 Managing General Agents[</b>] All insurers regularly engaged in the bail bond business in this state shall have a licensed and appointed managing general agent who is a licensed and appointed bail bond agent in this state, and shall be responsible for the supervision of their bail bond agents. The records of all bail bonds written in this state must be made available within 48 hours after being requested by the Department. Failure to provide documents when requested will result in the managing general agent and insurer being subject to administrative action. [<p />] [<b>]69B-221.006 Immigration Bonds Exclusion[</b>] The term “limited surety agent” does not include an individual authorized to transact immigration bond business. A limited surety (bail bond) agent license is required to transact bail bond business in the State of Florida, but it does not qualify the licensee to transact business involving other types of surety bonds, including immigration bonds.