Skip in Hudson, FL - Pasco County

To follow up on my last posting, this is the reason why I DO NOT carry or display ANY type of "badge". I only carry a 2 fold ID case, stating that I am a licensed Private Investigator.

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Steve Hedrick
Hedrick & Associates INVESTIGATIVE GROUP
Nederland, TX
TX PI LIC #A-09665
(409) 284-1895
http://360.yahoo.com/ftachaser357
"For every DEFENDANT that fails to appear in Court, there is a VICTIM seeking Justice"

Hi Max, I am not sure which is why I edited my post after talknig to Ruffin. The way I understand the law you have to be appointed by a Florida Bail Bonding company, an out of state appointment does not work. That to me is the way it is written literally. When I go to Florida I only go for the guy that I am licensed under as a bail bondsman and not use my P.I. license. It looks to me like you have to be the Surety or Bail Bondsman to be from another state but, Ruffin had a good arguement I, just would not want to end up like Steve did a few years back.

So yes this should be clarified somehow, just not by going to jail. As Chuck stated it is easier to ask local Law Enforcement for their assistance which I have also had very good luck with in Florida. Maybe Ruffin will post in the next day or so his position on this so you can hear his arguement which sounds logical to me, I just prefer to stay clear until I get a definative explanation of the law.

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)].

My understanding of the law is this: Out of state bondsman may apprehend fugitives from Fl if the above criteria is met.

Again it is a 1-2-3 step process:

1) Make sure your fugitive is in NCIC on felony charges

2) Make sure you have a CERTIFIED copy of the bail piece, warrant, process, etc. (no xerox copies).

3) That you have a LOA: Letter of Appointment on the bondsman's letterhed complete with full company name, address, and phone #; The letter has to declare you as thier legal representative (Agent) in the matter of ABC BAIL BONDS VS JOHN DOE CASE #-------------.

"That BEA Jim Doe is legally authorized to investigate, apprehend, and extradie fugitive John doe whereever Jim doe may find him pursuant to U. s. Supreme court decision Taylor vs Taintor...etc etc...yadda yadda"

I have apprehended numerous felonious fugitives from Fl and have had excellent cooperation with the local leo's.

Dress appropriately and professionally, conduct yourself professionally, have an organized case file, and be able to answer questions quickly and intelligently.

1 major cautionary note: DO NOT EVER, UNDER ANY CIRCUMSTANCES, ADMIT TO BEING A BOUNTY HUNTER...IT IS A CLASS 3 FELONY !

Twice this year I have had 2 sep officers attempt to get me to state that I was a Bounty Hunter..I refused to do it. My reply is this " I am a licensed pi from Alabama investigating the disappearance of a missing person that I have reason to believe is in your jurisdiction".

As always, I carry plenty of business cards and copies of my licenses.

Anyway, this is how I do it, and it works for me.

Ruffin.

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River City Associates
Decatur, Al. 35601

I understand your arguement so, let us break this down line by line because I do not think you are correct. As always I could be wrong but, lets break it down literally. I will put my breakdown in the following form ((( response ))).

10. Bounty Hunter Provisions. Florida does not allow bounty hunters. (((Florida specifically does not allow Bounty Hunters)))

Apprehension of bail fugitives is only allowed as set forth in FS 648.30(2)&(3): (((apprehension is only allowed as set forth in FS 648.30(2)&(3) this part refers to Florida Licensing requirements of Florida Bail Bondsman and Florida Bail Bonding Companies only, it does not mention anything about out of state Bail Bonding companies being licensed or not, so we can't use Florida law to input an out of state Bail Bonding company when they are addressing Florida only.)))

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

(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
((( this chapter refers to the licensing and appointment requirements of Florida residents only and not out of state residents, it does not mention appointments from an out of state bail bonding company only Florida Bail Bonding companies. So as in the above lines we can't take this line from their law and input an out of state Bail Bonding company just so it fits for our purpose it clearly states, "as provided in this chapter" not the chapter from any other state. )))

or licensed as a bail bond agent by the state where the bond was written. ((( this is the only provision that I see that allows an out of state resident to come into Florida and apprehend a fugitive but, you must be a licensed Bail bondsman from that state. It is curios though that it does not state that you must work for that company. I guess that I could go after an Arkansas skip from another Arkansas Bail Bonding company according to the letter of their law because, I am licensed from the state where the bond was written. )))

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

I disagree. "or licensed as a bail bond agent by the state where the bond was written."

Rebuttal point #1:

The Fl Statute uses the terminology "Agent" (cut and dried); not the word "bondsman".

My interpretation of the law is this: as long as you are acting as the "Agent" (thier criteria) of that bondsman, you are legally empowered to effect the apprehension.

Rebuttal point #2:

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 .

Key phrase here: "UNLESS THAT PERSON IS QUALIFIED, LICENSED, AND APPOINTED AS PROVIDED IN THIS CHAPTER."

So if I meet that criteria and I am appointed as an agent of the bondsman, I am legal to effect the apprehension. Cut n Dried..

Any further questions ?

By the way Bob, when are you n Steve going out on your disco date ?..lol

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River City Associates
Decatur, Al. 35601

My understanding of our laws are the same as Hounddog's. My best advice is if you are not a FL bondsman then get one to go with you for the arrest. That in and of itself should take care of any questions by the locals. We are very heavily regulated and I have seen alot of guys get into trouble and run out of this business down here because they didn't do it right. BTW "appointment" here means appointed by the insurance company under which the bond was written, not appointed by the bondsman as his agent.

You are right it does say "Agent" and yes you cut out before that word "Bail Bond". I talked to my mother who is a circuit court judge in florida and I can say..... do what you want I know of 6 lawyers that live down there when and if you need their help. I also know a couple of Bail Bond Agents which may come before the lawyers.

Steve will have to call when KC and the Sunshine band is back in town so we can dust off the disco outfits. Well in his case he may not have to dust it off

I have effected several felony apprehensions this past year in Fl with LEO assistance and had zero problems.

Now, when I arrived at the police station or Sheriff's dpt, I showed them the warrant, the fugitive's stats, and my letter of appointment from my bondsman. That procedure has satisfied every single Fl. Leo that questioned me about it...all the way up to Lt's.

Until Fl. makes it a law that out of state bondsman legally have to hire in state trackers (like Ga. has), I will continue to operate as I have been.

I have had too many Fl. Leo's accept my authority to not believe that I am within my legal rights.

So once again, each person needs to read the laws for themselves and roll the dice as they see fit. I do not believe myself to be wrong on my position here. However, if someone can show me in writing from the actual Fl. Code where out of state bondsman or thier appointed agents cannot effect apprehensions on out of state skips, then I will be the first to concede on this point and admit my error in judgement.

Until then, it is business as usual for me.

Take care and God Bless,

Ruffin.

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River City Associates
Decatur, Al. 35601

I will end my opinion on this subject with 1 question. Are you a Licensed Bail Bond Agent from the state where the bond was written? If not..... I said what I had to say and stand by my opinion.