Since you are just getting started .. do not think that getting your license you will make an income that you can survive on .. its a tough biz here in Florida.. don't give up your day job.. you might go weeks or even months, without writing a bond.. or you could be doing very well one month but not the next .. its all hit and miss. I am a retired LEO, I get a pension .. I have other businesses. This you may already know about me, but am just putting it here for others that come along as well..
The Bail Bond Class 120 Hour Class.. along with the 1 Week Online Class (INS-3) through Florida Univiersity.
The 120 Hours is approx $450 ..
The Univ FL online part last I know was approx $300 for the Book and Course..
So basically you are looking at an $800 out of pocket start up towards your Temp Intern License for FL..
What is the typical dress for a bail agent/surety agent in florida?A: The "Dress" ranges from UPS / Fed Ex outfits to Pizza Delivery guys .. or a regular T-Shirt and Jeans and Boots or Sneakers ... all the way to Full Tactical Gear for
SOME cases.. ).. Honestly, I would not worry about the "DRESS" until you pass the course and get sponsored, and start assisting with pickups...
Badge use?( I know badges arent illegal but there are restrictions) A: Some carry Badges ... All carry their ID card visible .. (Badges CAN NOT BE 5 STARS .. 6 or more..) .. You can not wear badges within the Court or Jail (You may be arrested) some Jails in FL do not even let you wear your ID card and they give you their own ID Badge (VISITOR) to wear while in their facility. Honestly once again I would not worry about Badges .. worry about passing your course and getting sponsored first.
Weapons?Or OC Spray? A: Some Carry Guns.. Most of us here in Miami do .. cause its a Bad Ass Area.. but Carrying a Gun is YOUR OPTION not the States.. They do not say you can carry or not to carry a gun while working as a Surety Agent. ( Remember Your Concealed Weapons Permit is INVALID when Working as an Investigator in FL. Working as a PI in FL and IF you want to carry your firearm you will need a "G" License to accompany your "C" license. While working as a SURETY AGENT in FL .. Your CCW permit is OK .. but it doesnt give you authority to carry as a SURETY AGENT .. your CCW permit allows you to carry just as if you were Joe Citizen .. while being / working as a Surety Agent. Once again I would not worry about Guns .. worry about passing your course and getting sponsored first.
How much are typical start up costs for a surety agency (licensing, insurance etc)A: Well to start your own Agency you must get appointed by an Insurance Company First.. You must have some sort of Collateral to put against your company so in the Event a Bond goes bad the Insurance Company can take your house lets say and take it from you and sell it to pay the bond that went bad .. thats IF you do not have enough funds in your BUF Fund between you and your insurance company. Now you will need Money an Office / Store Front .. pay rent monthly / electricity / phone / fax.. hire someone to work in the office Mon - Fri 8 am / 9 am to 5pm / 6pm ... except Sat / Sun / Holidays. You will need to start a corporation ... file business taxes.. sales tax.. payroll tax.. etc.. You most likely will need to hire a CPA / Accountant to handle your books as well.. My guesstimate for start up of your OWN BAIL BOND COMPANY.. you better have an easy $300 - $500 K net worth to back you up to have an insurance company take you on as a Surety .. now dont forget that you will also have to pay the General Agent for that Insurance Company his / her % of every bond you write as well. But once again .. I would not worry about Opening your own Bail Bond Office, work at one first as an Agent and Learn the Business .. I am sure you may decide not to open your own after you see how much work it is to maintain.... Just worry about passing your course and getting sponsored first.
What is a professional bail bond agent?A: A professional bail bond agent uses his/her own money to post bail for defendants by pledging United States currency, United States postal money orders, or cashier's checks as security for the bail bond in connection with a judicial proceeding and receives or is promised money or other things of value for doing so. Professional bail bond agents must be licensed and appointed and complete the same continuing education requirements as a limited surety (bail bond) agent.
What are the qualifications to be a professional bail bond agent? A professional bail bond agent must meet the same eligibility requirements listed for a bail bond agent, plus file a detailed financial statement under oath with each application, renewal or continuation of appointment, and file with the Office of Insurance Regulation the premium rates to be used for bail bonds to be written. These filings must be made before the professional bail bond agent writes any bail bonds in Florida.
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BAIL BOND AGENTS: REMINDER OF TEMPORARY AGENT MINIMUM WAGE REQUIREMENT From “THE PULSE” Florida Bail bond agents who employ temporary bail bond agents will be required to pay them at least $7.67 per hour worked effective January 1, 2012. The Florida Statutes require a temporary bail bond agent to be employed by a bail bond agent or bail bond agency under subsection 648.25(8) and subsection 648.355(1)(e), F.S.. The term "employed" makes it clear the temporary bail bond agent is covered by the state minimum wage. Section 448.110, Florida Statutes, sets the minimum amount an employer may pay their employee. Florida law requires the Florida Department of Economic Opportunity to calculate a minimum wage rate each year.
Now, Have I seen a TEMP INTERN GET PAID AS TO DATE (May 2012) .. ? NOPE ! I personally have not .. I do not know of ANY Bail Bond Company that wants to pay an income to a Temp Intern Agent when he has Full Agents working for him already ... Paying an Intern would cost a Bail Bond Company Owner in FL approx $915 a month before Taxes..! Most Likely you will get a 1099 if you are paid .. and you will pay your own taxes..
The HARDEST PART is FINDING SPONSORSHIP in FL ..
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Online College Course Link for Florida =
http://pd.dce.ufl.edu/insurance-pre-lic ... ation.aspxBob Dicker, one of the Instructors (Former FBI) (Who was also my Classroom instructor) has a vast amount of knowledge and will make you learn everything there is to learn with his qwerky humor and keep you interested in the course material. Awesome guy and we still keep in touch to date.
Sally Burt, was my Online Instructor. She is a stickler and will be very through in grading your tests / quizes online. She is the one who pretty much wrote the book on FL Bail Guidelines..
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FAQ
What Florida laws regulate bail bond agents? Chapter 648, Florida Statutes and Chapter 69B-221, Florida Administrative Code.
What is a limited surety agent? The official title of the license issued to bail bond agents in Florida is a limited surety agent license.
What are the requirements to be a bail bond agent? Prior to becoming licensed as a bail bond agent, the applicant must have obtained a temporary bail bond license and completed the provisions of that license before applying for a limited surety agent license. In addition, the applicant must have the following qualifications:
Be at least age 18 and hold a high school diploma or equivalent.
Be a United States citizen or be a legal alien and a resident of this state
The place of business of the applicant will be in this state
The applicant is vouched for by at least 3 reputable citizens who are residents of the same counties where the bail bond agent will work.
The applicant was never convicted of a felony, or a crime involving moral turpitude, or a crime punishable by imprisonment of 1 year or more.
Applicant has successfully passed the required examination.
The applicant passes the background check conducted by the department.
What is the background check? The applicant is required to furnish a complete set of fingerprints to be used to obtain a criminal history from the Florida Department of Law Enforcement and the Federal Bureau of Investigation. The application process is not complete until this history is received.
I was convicted of a felony, but I have had my civil rights restored. Can I be a bail bond agent in Florida? No. Florida Statutes §648.34 states you may not be a bail bond agent if you have ever been convicted of a felony. The restoration of your civil rights does not alter this requirement.
Will it be necessary for me to make an appointment with PearsonVUE to get my photo taken for my license card? No. It is not necessary to make an appointment to get your photo taken. Your license card will be mailed to you via 2nd day mail.
I am a former certified law enforcement officer. Am I exempt from taking the correspondence course for the bail bond license? The Florida Statutes do not provide any exemptions from taking the course, regardless of occupation. However, the Florida Statutes §648.355(4) does provide that if you have completed a basic certification course in the criminal justice system of not less than 120 hours within the last 4 years, then you may substitute that course for the required 120 hour course as long as you scored at least a grade of 80% or higher.
Can a law enforcement officer also be a bail bond agent? No. Florida Statutes §648.44 prohibits law enforcement officers, jailers, attorneys, employees of any jail, judges, or anyone having custody or control over prisoners from being a bail bond agent.
How do I become a temporary bail bond agent? In order to obtain a temporary bail bond agent license, the applicant must:
Be at least age 18 and hold a high school diploma or equivalent.
Be a United States citizen or be a legal alien and a resident of this state.
The applicant was never convicted of a felony, or a crime involving moral turpitude, or a crime punishable by imprisonment of 1 year or more.
Successfully completed with a grade of 80% or better, a basic certification course in the criminal justice system of not less than 120 hours of classroom instruction.
Successfully completed a correspondence course approved by the department.
The applicant is vouched for by at least 3 reputable citizens who are residents of the same counties where the temporary bail bond agent will work.
Application must be accompanied by an affidavit from the proposed bail bond agent employer verifying employment and attesting to the applicant's integrity and moral character.
All licensing fees must be paid prior to issuance of the license.
How long is a temporary bail bond agent license valid?
The temporary bail bond agent license is effective for a maximum of 18 months.
When can a temporary bail bond agent apply for a permanent bail bond agent license?
A temporary bail bond agent may apply for a limited surety agent (bail bond) license after 12 months and the completion of at least 1,540 hours as a temporary bail bond agent.
How does a temporary bail bond agent show completion of the required hours?
Each month the Temporary Bail Bond Agent Employment Report (DFS-H2-1543) should be notarized and submitted to the department for the hours worked for the previous month.
What can a temporary bail bond agent do?
The temporary bail bond agent has the same authority as a bail bond agent as long as the supervising agent is present at the time.
Can a temporary bail bond agent interview inmates at the jail?
Only if the temporary bail bond agent is accompanied in the interview by the supervising bail bond agent. This would be a part of the training by the supervising bail bond agent to show the temporary bail bond agent the proper way to interview an inmate. The temporary bail bond agent can not conduct this interview alone.
What can a temporary bail bond agent NOT do? The temporary bail bond agent
may not:
Execute or sign bonds
Handle collateral receipts
Deliver bonds to the jail
Operate a bail bond agency away from the supervising bail bond agent.
Can I sign the bail bonds in advance for use by my employees? No. Florida Statutes §648.441 prohibits any bail bond agent, MGA, or insurer from furnishing any blank forms, applications, stationery, business cards, or other supplies to any person that is not licensed and appointed as a bail bond agent.
Can I pass the fee I am charged by the credit card companies on to the indemnitors obtaining bail bonds? The fees charged by a credit card company may be passed on to the indemnitor when collateral is obtained through a credit card, if the fees are posted in the agency and on the collateral receipt. These fees cannot be passed on to the customer for premiums paid using a credit card.
When am I required to return the collateral on a bail bond? Within 21 days after receiving the notice of discharge from the court, the bail bond agent must return the collateral to the proper party. (F.S. §648.571)
What if I do not receive a discharge notice from the court? The statutes do provide that the bail bond agent will make a written request of the clerk of the court for the county where the bond was posted for the discharge notice on the bond when the bail bond agent has reason to believe the bail bond has or should have been discharged. The clerk of the court then has 7 days to respond to the bail bond agent's request or the bail bond is automatically considered discharged. (F.S. §648.571)
What is considered to be a valid reason for making the request for proof of discharge to the clerk of the court? There are several occurrences that would be considered reasons for the bail bond agent to make a request to the clerk of the court to verify the discharge of a bond. These instances should be well documented and include:
When the bail bond agent knows that the defendant has been recommitted to the custody of the court,
The defendant has died and the death certificate has been filed with the court, or
The agent knows that the case has been resolved and the bond is no longer needed.
In each of these cases it is the bail bond agent's responsibility to obtain the documentation that supports the agent's position that the bond should be discharged by the court.
Can a bail bond agent require the indemnitor to obtain a certified copy of the discharge prior to the collateral being returned? No. It is the bail bond agent's responsibility to monitor the case and return the collateral to the proper party in a timely manner. The bail bond agent may not impose additional restrictions or requirements on the collateral.
Can I accept cash for collateral on a bail bond? Yes, but the funds used as collateral must be kept separate from the other funds of the agent and assets of the agency.
Can I accept cash over $50,000 as collateral on a bail bond? Yes, but cash that is accepted in an amount over $50,000 must be made payable to the insurer and received in the form of a cashier's check, United States postal money order, certificate of deposit, or money wire.
Can I take real estate as collateral on a bail bond? Yes, but the mortgage/lien must be in the name of the insurer issuing the bail bond.
How do I account for the collateral accepted on a bail bond? When a bail bond agent accepts collateral, a written, numbered receipt shall be given, and this receipt shall give in detail a full account of the collateral received.
How must I return the collateral? The collateral must be returned to the person that provided it for use on the bail bond in the same manner and condition that it was received by the bail bond agent.
What if the bail bond goes into forfeiture and I need to convert the collateral to cash? When a bond forfeits the bail bond agent must provide the indemnitor and the principal on the bond with 10 days advance notice of the agent's intent to convert the collateral deposit to cash to satisfy the forfeiture.
What if the collateral I am holding is worth more than the amount of the bond that forfeited? The bail bond agent or insurer is required to refund the excess amount of money received from the conversion of the collateral.
How long must I keep my records? Records must be kept for at least 3 years after the liability on the bond has been terminated.
How much can I pay an attorney for referring business to me? Nothing. Florida Statutes §648.44(1) prohibits paying an attorney to refer business to you or your agency. This statute also prohibits a bail bond agent from advising defendants to use a particular attorney or law firm.
What can I do to compensate an inmate for referring business to me? Nothing. Florida Statutes §648.44(1)(b) prohibits indirectly soliciting defendants on the grounds of the jail.
What are the laws regarding the types of badges I can use? The only statute that addresses this is §648.44(1)(d), which limits the identification a limited surety agent may wear on the grounds of a jail, courthouse, or any other area where prisoners are confined to the identification issued by the Department of Financial Services. In addition, the use of a badge by a bail bond agent is regulated the same as any other Florida citizen in Chapter 843, F.S. Specifically, §843.085 speaks to the use of badges or any other indicia of authority.
May I meet with the indemnitor at the jail to write the bail bond paperwork? No. You may only conduct bail bond business with the defendant on the grounds of the jail or courthouse for the purpose of executing a bail bond. [See Florida Statutes §648.44(1)(p)]
Can I use an outside bail bond agent to assist with performing apprehensions or pick-ups? Yes. However, the agent you select must be a licensed and appointed bail bond agent.
When you talk about the appointed bail bond agent, do they have to be appointed with the same insurance company? Yes. The power to arrest comes from the bail bond that was written to release a person from jail. The company that issued the bond is the one with the power to make the arrest. The company contracts with their own agents to act on the company's behalf. If the bail bond agent is not appointed to represent the company that issued the bail bond, then the bail bond agent may not be authorized by that company to pick-up their defendant. There is an exception in that the company may provide written permission to a law enforcement officer or any licensed bail bond agent who is appointed to represent at least one company in Florida.
**** How about out of state bail bond agents making an arrest in Florida for an out of state case?**** Out of state agents have very limited powers in Florida, which are granted by the very old (1872) Supreme Court Case, Taylor v. Taintor (83 U.S. 366), and not by Florida law. This law provides that a bail bond agent may enter another state to locate a defendant who was released on a bail bond written by that bail bond agent.
If the bail bond agent did not write the bail bond, then they are not authorized to make an arrest. In addition, the bail bond agent must comply with other laws governing the transporting of prisoners across state lines. There is a whole Section on this forum about interstate prisoner transports.. use the Search feature at the Top ...
Can I use a bounty hunter to assist with performing apprehensions or pick-ups? No. Bounty hunters are not permitted in Florida. (See Florida Statutes §648.30)
How do I update my addresses? There are currently two ways. Visit "MyProfile" to access your personal license record with the department, or submit the change of address form (#DFS-H2-1564) located on the forms page of our website by mailing it to:
Florida Department of Financial Services
Division of Agent & Agency Services
Bureau of Licensing
200 E. Gaines Street
Tallahassee, Florida 32399-0318
How much of the bail bond premium goes to my build-up fund account? BUF FUND This will depend on your contract with your MGA or surety company. The Florida Statutes do state the maximum amount to be 40% of the premium.
Can a bail bond agent carry a weapon when conducting an apprehension? Neither the temporary bail bond agent license nor the limited surety (bail bond) agent license authorize a person to carry a weapon. The Florida Statutes do not specifically address bail bond agents using weapons while working.
Weapon permits are issued through the Florida Department of Agriculture and Consumer Services. These permits are issued to qualifying citizens of the state of Florida. You will need to follow the laws related to the issuance of your permits, which include not carrying your weapon in certain locations [See Section 790.06(12), Florida Statutes for a complete listing]. You may want to direct any questions you have regarding your permits to them. Their web site is
http://www.doacs.state.fl.us.
Do the Florida Statutes prohibit an attorney from owning a bail bond agency, since an attorney cannot be a bail bond agent? Yes. Florida Statutes §648.285 specifies the requirements to own a bail bond agency. This statute requires the owner to be a licensed and appointed bail bond agent. Since an attorney cannot be a licensed bail bond agent they would not be allowed to be a bail bond agency owner.
Do the Florida Statutes prohibit a bail bond agent from referring customers to attorneys? Yes. Subsection §648.44(1)(a), Florida Statutes, states bail bond agents and temporary bail bond agents are prohibited from suggesting or advising the use of any particular attorney to represent his or her principal. Any bail bond agent violating this prohibition is subject to suspension or revocation of their license and commits a first-degree misdemeanor subject to applicable criminal penalties.
What if I have other questions not listed above? Questions may be emailed to
BailBond@MyFloridaCFO.com.
Hope this sums it up ... basically you have LOTS of READING TO DO ! ... The Manual for FL SURETY is about 300 pages most is very dry reading material .. After you Complete your 120 Hour Class Room Course.. and Passing your Online Course INS-3.. then you will have 2 years to find a Bail Bond Company to Sponsor you as a PAID Intern (T235) for 1,540 hours. After the 1,540 hours, you then will be allowed to take your Limited Surety Exam (234) at a Person Vue Testing Center ..if you pass the Final Exam after your internship you will be issued your license by the Dept of Financial Services which does not expire.. but you must keep your Insurance Appointments Current / Active every 2 years or you can not perform any type of bail work in FL.
