Florida Statutes 1983, Volume 3 - Florida State University College of ...

F.S.1983 BAIL BONDSMEN AND RUNNERS Ch.648
(2) File with his application for filing for examination
the rating plan he proposes to use in writing
bail bonds; such rating plan must be approved prior
to issuance of the license.
History.-s. 8, ch. 29621, 1955; s. 10, ch. 61-406; s. 177, ch. 70-339; s. 3, ch.
76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; 88. 71,72, ch. 82-175.
'Note.-Repealed effective October 1, 1984, by s. 72, ch. 82-175, and scheduled
for review pursuant to s. 11.61 in advance of that date.
Note.-Former s. 903.44.
'648.36 Bail bondsman's records.-
(1) Every bail bondsman must maintain in his office
such records of bail bonds executed or countersigned
by him to enable the public to obtain all necessary
information concerning such bail bonds for at
least 3 years after the liability of the surety has been
terminated. Such records shall be open to examination
by the department or its agents at all times, and
the department may at any time require the licensee
to furnish to it, in such manner or form as it requires,
any information concerning the bail bond business of
such licensee.
(2) On or before August 15 of each year, a sworn
statement on a form furnished by the department
shall be filed with the department by:
(a) Every bail bondsman listing his assets and liabilities,
and
(b) Every bail bondsman or every firm or agency
if the bail bondsman is employed by, associated with
or is a member of such firm or agency, listing every
outstanding or unpaid forfeiture, estreature, and
judgment, together with the name of the court in
which such forfeiture, estreature, and judgment is recorded,
and submitting all other pertinent information
requested by the department.
History.-s. 11, ch. 61-406; 88. 13, 35, ch. 69-106; s. 177, ch. 70-339; s. 3, ch.
76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 12,71,72, ch. 82-175.
'Note.-Expires October 1, 1984, pursuant to s. 72, ch. 82-175, and is scheduled
for review pursuant to s. 11.61 in advance of that date.
Note.-Former s. 903.441.
'648.365 Statistical reporting requirements.
(1) Each insurer and each bail bondsman engaged
in the bail bond business in this state shall transmit
the following information, based on their Florida bail
bond business, to the department semiannually,
within 30 days after the end of the period, except
that bail bondsmen shall not report the information
specified in paragraphs (a), (m), and (n):
(a) Commissions paid.
(b) The number of, and the total dollar amount
of, bonds executed.
(c) The number of defendants for whom bonds
were executed.
(d) The number of, and the total dollar amount
of, bonds declared forfeited.
(e) The number of defendants for whom a bond
was declared forfeited.
(f) The number of, and the total dollar amount
of, forfeitures discharged, remitted, or otherwise recovered
prior to payment for any reason.
(g) The number of, and the total dollar amount
of, forfeitures discharged, remitted, or otherwise recovered
prior to payment due to the apprehension of
the defendant by the bail bondsman.
(h) The number of, and the total dollar amount
of, judgments entered.
783
(i) The number of, and the total dollar amount
of, forfeitures paid and subsequently recovered from
the court by discharge or remission or otherwise.
(j) The number of, and the total dollar amount
of, bonds for which collateral was accepted.
(k) The actual realized value of collateral converted,
excluding the cost of converting the collateral.
(I) The cost of converting collateral.
(m) The underwriting gain or loss.
(n) The net investment gain or loss allocated to
the flow of funds associated with Florida business.
(0) Such additional information as the Insurance
Commissioner may require in order to:
1. Evaluate the reasonableness of rates or assure
that such rates are not excessive or unfairly discriminatory.
2. Evaluate the financial condition or trade practices
of bail bondsmen and sureties executing bail
bonds.
3. Evaluate the performance of the commercial
bail bond industry in accordance with appropriate
criminal justice system goals and standards.
Each bail bondsman shall submit a copy of such information
to each insurer he represents.
(2) The department shall provide a summary of
the information provided by each insurer pursuant to
subsection (1) in its annual report.
History.-ss. 13, 72, ch. 82-175.
'Note.-Expires October 1, 1984, pursuant to s. 72, ch. 82-175, and is scheduled
for review pursuant to s. 11.61 in advance of that date.
'648.37 Runners; qualifications.-
(1) Applications for filing for runners shall be
submitted on forms furnished by the department.
(2) In order for an applicant to qualify as a runner,
it must affirmatively appear at the time of application
and throughout the period of licensure that:
(a) The applicant is a natural person who has
reached the age of 18 years.
(b) The applicant has been a bona fide resident
of this state for more than 6 months last past; however,
the department, in its discretion, may waive this
residency requirement if the applicant is an employee
under the supervision of a currently licensed
bondsman, insurer, or general agent.
(c) The applicant will be employed by only one
bail bondsman, insurer, or general agent who will supervise
the work of the applicant and be responsible
for the runner's conduct in the bail bond business.
(d) The application is endorsed by the appointing
bail bondsman, insurer, or general agent who has obligated
himself to supervise the runner's activities in
his behalf.
(e) The applicant is a person of high character
and approved integrity and has never been convicted
of or pleaded guilty or no contest to a felony or a
crime involving moral turpitude.
(f) The applicant has successfully completed a
basic certification course in the criminal justice system,
consisting of not less than 20 hours, approved by
the department.
(3) A fee in an amount necessary to cover the cost
of a credit report shall be submitted to the department
with each application, which fee shall be depos-