FLORIDA LAW: Bounty Hunter

[Anthony Bridgestone]

"All bail runners must be licensed, and work only for one bond agent (i.e., eliminating free lance bounty hunters), be over 18, a resident of the state, have no criminal record, and pass a certification course, Fla. Stat. § 648.37.

"One cannot make an arrest on an out of state bond unless the person is licensed in the state or the state where the bond was written. Fla. Stat. § 648.30."

[Jose Corchado]

does anyone know of any bail bond companies in florida willing to aid in the matter of becoming a bouty hunter im interested .

[Omar Castro]

Bounty Hunter Student Book Library! (http://www.ipiu.org/forums/showthread.php?s=&threadid=5252)

The link above is within IPIU you need to make sure you have access.

Let me know if you need any more, also you can try the local yelllow pages in your area, this way you know what's around you...

Good luck and keep me informed as to how it goes.

[Kosol Kim -]

MR Castro

will the Kit that IPIU is offering at a discount rate for Bounty hunters provide me with the certification needed for Florida?
or basically If I purchase the bounty Hunters Kit and pass the test will this make me a certified bounty hunter for FLorida?

[Omar Castro]

Sorry I took too long in answering but I did not place an email notification on this.
Yes and no Ms. Kim unfortunately FL. requires that you do an internship type of position before you actually get licensed. So the certification may help some but not completely! How much I don't know. You can contact either IPIU legal affairs or FL state Dept of Licensing in order to see actually how much you can transfer over or qualifies to be for the actual training for that license.
Mr. Andrew, this is really up to you and who you are! Many people are not meant for the PI or BailBondsman or BEA field. It has to do alot with timming and the place and what else is going on for you to take off with this career. Experience or education can really help you but you can actually have no experience what so ever nor education. Just the actaul ambition is enough for one to get started. The rest is up to you and how you conduct yourself which should be in a professional manner...
Otherwise good luck and keep me posted.

Omar

[Linda Brown -]

Sounds like a good deal. Hope you still have it later. I would definately be interested.

[John Sanderson]

Please note: The Admins knows better then I, how to help you. I too get frustrated at times but is usually due to a mis-understanding. You are undoubtedly receiving less then 100% assistance because you are not a full member. Immense assistance awaits full members, of any membership level. If you have any questions about this, please post them in your intro and I as well as others will answer them. I really can help you more, but in the appropriate level 4 areas.

I found the laws for 2009. The 2010 amendments have not been posted yet, so tread cautiously if you pursue this field.

Insurance
Title XXXVII (http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XXXVII#TitleXXXVII)

Bail bond Agents
Chapter 648 (http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0648/titl0648.htm&StatuteYear=2009&Title=%2D%3E2009%2D%3EChapter%20648)

The 2009 Florida Statutes

Title XXXVII
INSURANCE Chapter 648
BAIL BOND AGENTS View Entire Chapter

CHAPTER 648

BAIL BOND AGENTS

648.24 Declaration of public policy.

648.25 Definitions.

648.26 Department of Financial Services; administration.

648.27 Licenses and appointments; general.

648.279 Scope of license.

648.285 Bond agency; ownership requirements.

648.29 Build-up funds posted by bail bond agent.

648.295 Reporting and accounting of funds.

648.30 Licensure and appointment required.

648.31 Appointment taxes and fees.

648.315 Number of applications for licensure required.

648.33 Bail bond rates.

648.34 Bail bond agents; qualifications.

648.35 Professional bail bond agent; qualifications.

648.355 Temporary limited license as limited surety agent or professional bail bond agent; pending examination.

648.36 Bail bond agent's records.

648.365 Statistical reporting requirements; penalty for failure to comply.

648.38 Licensure examination for bail bond agents; time; place; fees; scope.

648.381 Reexamination.

648.382 Appointment of bail bond agents and temporary bail bond agents; effective date of appointment.

648.383 Renewal, continuation, reinstatement, and termination of appointment; bail bond agents.

648.384 Effect of expiration of appointment; bail bond agents.

648.385 Continuing education required; application; exceptions; requirements; penalties.

648.386 Qualifications for prelicensing and continuing education schools and instructors.

648.387 Primary bail bond agents; duties.

648.388 Insurer must appoint managing general agent.

648.39 Termination of appointment of managing general agents, bail bond agents, and temporary bail bond agents.

648.40 Application for appointment of professional bail bond agents; termination.

648.41 Termination of appointment of temporary bail bond agents.

648.42 Registration of bail bond agents.

648.421 Notice of change of address or telephone number.

648.43 Power of attorney; to be approved by department; filing of copies; notification of transfer bond.

648.44 Prohibitions; penalty.

648.441 Furnishing supplies to unlicensed bail bond agent prohibited; civil liability and penalty.

648.442 Collateral security.

648.4425 Notice.

648.45 Actions against a licensee; suspension or revocation of eligibility to hold a license.

648.46 Procedure for disciplinary action against licensees.

648.48 Witnesses and evidence.

648.49 Duration of suspension or revocation.

648.50 Effect of suspension, revocation upon associated licenses and licensees.

648.51 Surrender of license.

648.52 Administrative fine.

648.525 Civil assessment.

648.53 Probation.

648.55 All bail bond agents of same agency; licensed by same companies.

648.57 Penalty.

648.571 Failure to return collateral; penalty.

648.58 Injunctive proceedings.

I am sorry my friend, I definately don't have the time to go through all of this tonight. lol. I hope this gives you a start though.

[Steven D Mahan]

Florida has Bounty Hunting as a third degree felony,are there any loop holes to get around this?

[Brad Foster]

Florida has Bounty Hunting as a third degree felony,are there any loop holes to get around this?
Yes.

You can upgrade your IPIU Union Membership so that we can provide you with a Florida Licensed Private Investigator to sponsor your own license in Florida to perform both Bounty Hunting and advertise openly for PI cases. It would also upgrade your PI Agency Corporation in Colorado to become fully licensed in Florida using the same sponsor.

For details, call Tim at 406-534-0251 or 800-548-1526 before the office closes for the holidays.

Brad

[Richard Moschetti Jr]

I don't remember if Fugitve Recovery is covered under the Florida (C) Private Investigator License.

[Liz Mason]

Hi Richard,

I have looked up some information for you, which I hope will assist you in your post:


Florida bail laws

1. Applicable Statutes.

1. FLORIDA STATUTES (FS) Chapter 648, Chapter 903
2. FLORIDA ADMINISTRATIVE CODE (AR),
Chapter 4-221



1. Governance by Local Rule. Does not appear to allow local jurisdictions to modify statutes or regulations.

2. Licensing Requirements.

In order to undertake bail in Florida, a person must have a license [AR 4-221.001, FS 648.26, 648.30]. Florida law specifies two kinds of bail bond agent:

(1) a limited surety agent, defined as a person appointed by an insurer to execute bail bonds [FS 648.25(6)],

(2) a professional bail bond agent, defined as a person who pledges US currency as security for a bail bond [FS 648.25(7)].

A. Qualifications for License.

1) Bail bond agents [FS 648.34] must comply with the following for licensure:

- an application submitted on forms prescribed by the Department of Insurance (DOI) [FS 648.34(1)],

- have complied with FS 648.355 and obtained a temporary license,

- be 18 years of age [FS 648.34(2)(a)],

- be a resident of Florida [FS 648.34(2)(b)],

- place of business must be located in a Florida county where records will be maintained and business actively conducted, accessible to the public during reasonable business hours [FS 648.34(2)(d)],

- of good character with no convictions on a felony, crime of moral turpitude, or crime punishable by 1 year or more [FS 648.34(2)(e)],

- passage of required examination (written [FS 648.38(1)-(10)]) [648.34(2)(f)],

- payment of fee for background checks and credit report [FS 648.34(3)],

- furnish photo and fingerprints with applications [FS 648.34(4)],

- completion of 14 hours of continuing education courses every two years [FS 648.385].

2) Professional bail bond agents have the same requirements as in FS 648.34, but in addition shall:

- file with application a detailed financial report [FS 648.35(1)],

- file a rating plan proposed for use in writing bail bonds which must be approved by the DOI [FS 648.35(2)].

B. The regulatory body is the Department of Insurance (DOI) [FS 648.26].

3. Notice of Forfeiture [FS 903.26]

A. Conditions of a forfeiture

- breach of the conditions of the bond and/or failure of defendant to appear [FS 903.26(2)(b)],

- clerk of the court must mail a notice of forfeiture to surety agent and surety company within 5 days [FS 903.26(2)(a)].

4. Forfeiture to Judgement.

- forfeitures must be paid within 60 days of date of notice [FS 903.26(2)(a)],

- if forfeiture is not paid within 60 days, the clerk of the court shall within 10 days furnish the DOI and the surety with a certification of the judgement docket [FS 903.27(1)],

- if judgement is not paid within 35 days, the clerk informs the DOI and sheriff of jurisdiction a statement that the judgement is unsatisfied [FS 903.27(1)],

- no sheriff can approve surety bail bonds from subject agent or company until such a judgement has been paid [FS 903.27(3)],

- the surety/agent has 35 days to file a motion to set aside a judgment or stay [FS 903.27(5)],

A. Tolling. If the defendant is returned to the court of jurisdiction, whenever a motion to set aside is filed, the operation of this section is tolled until the court makes its disposition [FS 903.27(1)].

5. Forfeiture Defenses.

- Unless the indictment is filed within 6 months of the arrest [FS 903.26(1)] and the clerk of the court gives 72 hours notice (exclusive of weekends and holidays) to surety of time of the defendant’s required appearance [FS 903.26(1)(b)], the bond cannot be forfeited,

- the court at its discretion may determine that a defendant’s FTA may not warrant a forfeiture [FS 903.26(2)(b)],

- impossible for defendant to appear because of circumstance beyond his control [FS 903.26(5)(a)],

- defendant was confined in an institution, hospital, or prison [FS 903.26(5)(b)],

- surrender or arrest of defendant if the delay has not thwarted prosecution [FS 903.26(5)(c)],

- discharge of defendant [FS 903.26(5)(c)],

- if defendant is arrested and returned to court of jurisdiction prior to judgement [FS 903.26(8)].

6. Remission

[FS 903.28] Remission can be granted up to two years subject to the following:

- if defendant is returned with 90 days, remission may be up to 100% [FS 903.28(2)], within 180 days, remission up to 95% [FS 903.28(3)], within 270 days, up to 90% [FS 903.28(4)], within 1 year, 85% [FS 903.28(5)], within 2 years, 50% [FS 903.28(6)].

7. Bail Agents Arrest Authority

[FS 903.20]. A surety may arrest a principal for surrender to official custody before a forfeiture [FS 903.22] or within 2 years of the forfeiture date [FS 903.29].

8. Other Noteworthy Provisions.

1.

All insurers shall have a licensed and appointed managing general agent who shall supervise their bail bond agents [AR 4-221.003, FS 648.388].
2.

Qualifications for prelicensing and continuing education classes and instructors [FS 648.386].

9. Noteworthy State Appellate Decisions. (To be added.)

10. Bounty Hunter Provisions. Florida does not allow bounty hunters.

Apprehension of bail fugitives is only allowed as set forth in FS 648.30(2)&(3):

(2) No person shall represent himself or herself to be a bail enforcement agent, bounty hunter, or other similar title in [Florida].

(3) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a principal on a bond, wherever issued, unless that person is qualified, licensed, and appointed as provided in this chapter or licensed as a bail bond agent by the state where the bond was written.

Violation of this is a 3rd class felony. [FS 648.30(4)].

I hope this will help to answer your question. I wish you much success in your endeavors.