10(2) Bail bond agencies.
The department shall grant a license to act as a 11
bail bond agency to a business if the department determines that all of the 12
following requirements are met:
(a) The business submits an application to the department on a form 14
prescribed by the department. The application shall include the business's name 15
and address, the name and addresses of the business representatives of the 16
business and any bail bond agents who are employed by the business, and any 17
other information required by the department by rule.
(b) The business has at least one business representative who is a licensed 19
(c) The business pays the initial credential fee of $1,000.
(d) The business satisfies any other requirements established by the 22
department by rule.
23(3) Bail recovery agents.
The department shall grant a certification to act 24
as a bail recovery agent to an individual if the department determines that all of 25
the following requirements are met:
(a) The individual submits an application for the certification to the 2
department on a form prescribed by the department. The application shall 3
include the individual's name and address, a recent photograph of the individual, 4
and any other information required by the department by rule.
(b) The individual is a private detective who is licensed under s. 440.26 (2) 6
(c) The individual satisfies the education, training, and examination 8
requirements established by the department by rule.
(d) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have 10
an arrest or conviction record.
(e) The individual satisfies any other requirements established by the 12
department by rule.
(a) The renewal dates for licenses granted under subs. (1) and 14
(2) and certifications granted under sub. (3) are specified in s. 440.08 (2) (a) 15e., 15
15m., and 15s. A renewal application shall be submitted to the department on a 16
form prescribed by the department and shall include any information required by 17
the department by rule.
(b) The renewal application for a licensed agent or a licensed agency shall 19
include a renewal fee of $1,000.
AB567, s. 12
440.283 of the statutes is created to read:
21440.283 Information concerning licensed agents, licensed agencies,
22and certified bail recovery agents. (1)
The department shall 23
compile and keep current a register of the names and addresses of all licensed 24
agents, licensed agencies, and certified bail recovery agents. The department 25
shall make that register available for public inspection during the times specified
in s. 230.35 (4) (a). The department may also make the register available to the 2
public on a Web site maintained by the department.
3(2) Register provided to court clerks.
Annually, the department shall 4
provide a complete copy of the register kept under sub. (1) to the clerk of circuit 5
court in each county.
6(3) Notice of disciplinary action.
The department shall promptly notify 7
the clerk of circuit court in each county concerning any action taken by the 8
department under. s. 440.288 (2) against a licensed agent, licensed agency, or 9
certified bail recovery agent.
AB567, s. 13
440.284 of the statutes is created to read:
11440.284 Bond or liability policy required. (1) Licensed agencies.
licensed agency shall file with the department a bond or liability policy, approved 13
by the department, in an amount determined by the department by rule that 14
covers all licensed agents of the agency.
15(2) Licensed agents.
Each licensed agent who is not included under a bond 16
or liability policy under sub. (1) shall file with the department a bond or liability 17
policy, approved by the department, in an amount determined by the department 18
AB567, s. 14
440.286 of the statutes is created to read:
20440.286 Restriction on business referrals. (1)
No bail bond agent, bail 21
bond agency, or bail recovery agent, and no agent or employee of a bail bond 22
agent, bail bond agency, or bail recovery agent, may, in the course of the business 23
of the bail bond agent, bail bond agency, or bail recovery agent, suggest in any 24
manner that a principal or prospective principal contact or engage the services of 25
any attorney or law firm.
No law enforcement officer or other employee of the state or of a city, 2
village, town, or county may suggest in any manner that a defendant contact or 3
engage the services of any bail bond agent or any bail bond agency.
AB567, s. 15
440.287 of the statutes is created to read:
5440.287 Advisory committee. (1)
The department shall establish and, 6
except as provided under sub. (2) (a) 5., appoint an advisory committee under s. 7
440.042 to advise the department on matters relating to the regulation of bail 8
bond agents, bail bond agencies, and bail recovery agents.
(a) The committee shall consist of the following 7 members:
1. One private criminal defense attorney licensed to practice law in this state.
2. One current or former law enforcement officer.
3. One current or former judge for the circuit court of any county in this state.
4. One member of the public who is a citizen of this state and who is not a 14
current or former law enforcement officer.
5. One member of the state legislature, who, notwithstanding s. 440.042 (1), 16
shall be nominated by the governor and appointed with the advice and consent of the 17
6. Two representatives of the bail bond industry in this state.
(b) The members of the committee shall be appointed for 3-year terms. No 20
member may serve more than 2 consecutive terms.
AB567, s. 16
440.288 of the statutes is created to read:
22440.288 Disciplinarily proceedings and actions. (1) Investigations
Subject to the rules promulgated under s. 440.03 (1), the 24
department may conduct investigations and hearings to determine whether a 25
violation of ss. 440.281 to 440.286 or any rule promulgated under s. 440.289 or a
violation of any other law of this state, any law of another state, or any federal 2
law that substantially relates to the activity of a bail bond agent, bail bond 3
agency, or bail recovery agent has occurred.
(a) Subject to the rules promulgated under s. 440.03 (1), the 5
department may reprimand a bail bond agent, bail bond agency, or bail recovery 6
agent or deny, limit, suspend, or revoke a license or certification granted under s. 7
440.282 if the department finds that an applicant for licensure or certification, a 8
licensed agent, licensed agency, or certified bail recovery agent, has done any of 9
1. Intentionally made a material misstatement in an application for a 11
license or license renewal or a certification or certification renewal.
2. Advertised in a manner that is false or misleading.
3. Obtained or attempted to obtain compensation through fraud or deceit.
4. Violated ss. 440.281 to 440.286 or any rule promulgated under s. 440.289 15
or violated any other law of this state, any law of another state, or any federal law 16
that substantially relates to the activity of a bail bond agent, bail bond agency, or 17
bail recovery agent.
5. Engaged in unprofessional conduct.
(b) In addition to or in lieu of a reprimand or other action under par. (a), the 20
department may establish by rule other penalties, including a forfeiture not to 21
exceed $5,000 for each violation, for a violation under par. (a).
AB567, s. 17
440.289 of the statutes is created to read:
23440.289 Rules. (1)
The department shall promulgate rules necessary to 24
administer ss. 440.28 to 440.288, including rules that do all of the following:
(a) Establish photograph identification requirements for bail bond agents 2
and bail recovery agents.
(b) Establish rules of conduct for bail bond agents, bail bond agencies, and 4
bail recovery agents, including rules that do all of the following:
1. Prohibit the use or display of badges, shields, or any other similar images 6
or items normally associated with law enforcement officers.
2. Require contact with appropriate local law enforcement officers or other 8
officials before an attempt is made to apprehend a principal.
3. Establish other requirements concerning the location, apprehension, 10
transportation, and surrender of principals.
(c) Establish procedures for the temporary certification in this state of bail 12
recovery agents from other states. The department may enter into reciprocal 13
agreements with other states concerning the activities of bail bond agents, bail 14
bond agencies, and bail recovery agents in the respective states.
(d) Establish appropriate education, training, examination, and other 16
requirements for the initial licensure of bail bond agents and the initial 17
certification of bail recovery agents and establish appropriate continuing 18
education, training, and other requirements for the renewal of those licenses and 19
In promulgating rules under this section, the department shall consult 21
federal law and the laws of other states concerning the licensure requirements that 22
exist under those laws for bail bond agents, bail bond agencies, and bail recovery 23
agents. The department shall attempt to make the requirements it establishes in 24
rules promulgated under this section consistent with those laws.
AB567, s. 18
628.02 (1) (b) 9. of the statutes is created to read:
(b) 9. A person who is licensed under s. 440.282 (1) or (2) and is acting 2
within the scope of that license.
AB567, s. 5
969.12 (1) of the statutes is repealed.
AB567, s. 6
969.12 (2) of the statutes is amended to read:
A surety under this chapter shall be a natural person, except who
6is a resident of this state or
a surety under s. 345.61 or a bail bond agent or bail bond
7agency that is licensed under s. 440.282
. No surety under this chapter
may be 8
compensated for acting as such
a surety, except that a bail bond agent or bail bond
9agency that is licensed under s. 440.282 shall be compensated at a rate of 10 percent
10of the amount of the bond set
(1) Emergency rules.
Using the procedure under section 227.24 of the statutes, 13
the department of safety and professional services may promulgate the rules 14
required or otherwise authorized under sections 440.28 to 440.289 of the statutes, 15
as created by this act, for the period before the permanent rules become effective, but 16
not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. 17
Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department 18
is not required to provide evidence that promulgating a rule under this subsection 19
as an emergency rule is necessary for the preservation of the public peace, health, 20
safety, or welfare and is not required to provide a finding of emergency for the rules 21
promulgated under this subsection.
This act takes effect on first day of the 7th month beginning after 24