(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