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

F.S.1983 BAIL BONDSMEN AND RUNNERS Ch.648
(6) The bail bondsman or insurer must convert
the collateral to cash within a reasonable period of
time and return that which is in excess of the face
value of the bond plus the actual and reasonable expenses
of converting the collateral to cash. In no
event shall these expenses exceed 10 percent of the
face value of the bond. However, upon motion and
proof that the actual, reasonable expenses exceed 10
percent, the court may allow recovery of the full
amount of such actual, reasonable expenses.
(7) No bail bondsman or insurer shall solicit or
accept a waiver of any of the provisions of this section
or enter into any agreement as to the value of the
collateral.
History.-ss. 24, 72, ch. 82-175; s. 141, ch. 83-216.
'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.
1648.45 Actions against a license or eligibility
to hold a license.-
(1) The department shall immediately temporarily
suspend any license issued under this chapter
when the licensee has been found guilty of, or has
pleaded guilty or no contest to, a crime involving moral
turpitude or a felony, whether or not a judgment
or conviction has been entered, during a pending appeal.
(2) The department shall deny, suspend, revoke,
or refuse to renew any license issued under this chapter
or the insurance code, and it shall suspend or revoke
the eligibility of any person to hold a license under
this chapter or the insurance code, for any violation
of the laws of this state relating to bailor any violation
of the insurance code or for any of the following
causes:
(a) Lack of one or more of the qualifications specified
in this chapter for a license or permit.
(b) Material misstatement, misrepresentation, or
fraud in obtaining a license or permit, or in attempting
to obtain a license or permit.
(c) Failure to pass to the satisfaction of the department
any examination required under this chapter.
(d) Willful use, or intended use, of the license or
permit to circumvent any of the requirements or prohibitions
of this chapter or the insurance code.
(e) Demonstrated lack of fitness or trustworthiness
to engage in the bail bond business.
(f) Demonstrated lack of reasonably adequate
knowledge and technical competence to engage in the
transactions authorized by the license or permit.
(g) Fraudulent or dishonest practices in the conduct
of business under the license or permit.
(h) Misappropriation, conversion, or unlawful
withholding of moneys belonging to a surety, a principal,
or others and received in the conduct of business
under a license.
(i) Rebating or offering to rebate, or unlawfully
dividing or offering to divide, any commission, in the
case of a limited surety agent, or premiums, in the
case of a professional bondsman.
(j) Willful failure to comply with or willful violation
of any proper order or rule of the department or
willful violation of any provision of this chapter or
the insurance code.
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(k) Having been found guilty of, or having pleaded
guilty or no contest to, a crime involving moral
turpitude or a felony, whether or not a judgment or
conviction has been entered.
(I) Demonstrated lack of good faith in carrying
out contractual obligations and agreements, as provided
to the satisfaction of the Insurance Commissioner.
(3) The department may deny, suspend, revoke,
or refuse to renew any license issued under this chapter
or the insurance code, or it may suspend or revoke
the eligibility of any person to hold a license under
this chapter or the insurance code, for any violation
of the laws of this state relating to bail or any violation
of the insurance code or for any of the following
causes:
(a) Any cause for which issuance of the license
could have been refused had it then existed and been
known to the department.
(b) Violation of any law relating to the business
of bail bond insurance or violation of any provision of
the insurance code.
(c) Failure or refusal, upon demand, to pay over
to any insurer he represents or has represented any
money coming into his hands which money belongs to
the insurer.
(d) Showing himself to be a source of injury or
loss to the public or detrimental to the public interest
or being found by the department to be no longer
carrying on the bail bond business in good faith.
(e) Interfering or attempting to interfere with the
administration of justice.
(4) Grounds for revocation of the license exist
when any licensee is adjudged bankrupt or insolvent.
History.-s.17, ch. 29621, 1955; s. 3, ch. 57-63; s.15, ch. 61-406; ss. 13,35, ch.
69-106; s. 177, ch. 70-339; s. 25, ch. 71-86; s. 167, ch. 73-333; s. 3, ch. 76-168; s. 1,
ch. 77-457; ss. 2, 3, ch. 81-318; ss. 25, 71, 72, ch. 82-175; s. 142, cb. 83-216.
'Note.-Expires October 1, 1984, pursuant to s. 72, ch. 82-175, and is scbeduled
for review pursuant to s. 11.61 in advance of that date.
Note.-Former s. 903.53.
cf.-s. 112.011 Felons; removal of disqualifications for employment, exceptions.
1648.46 Procedure for suspension or revocation
of eligibility or for denial, revocation, suspension,
or refusal to renew license.-
(1) If any bail bondsman or runner is convicted
by a court of a violation of any of the provisions of
this chapter or is convicted of or has pleaded guilty or
no contest to any felony, regardless of whether adjudication
of guilt was withheld, the license or eligibility
to hold a license of such individual shall thereby
be deemed to be immediately revoked.
(2) If after an investigation or upon other evidence
the department has reason to believe that
there may exist anyone or more causes for suspension
of, revocation of, or refusal to renew or continue
the license of any bail bondsman or runner as such
causes are specified in s. 648.45 or that a bail bondsman
or runner has been guilty of violating any of the
laws of this state relating to bail bonds, or that any licensee
is no longer eligible to hold a license, the department
may suspend, revoke, or refuse to renew or
continue such license.
History.-s. 18, ch. 29621, 1955; s. 16, ch. 61-406; 88.13, 35, ch. 69-106; s. 177,
ch. 70-339; s. 26, cb. 71-86; s. 3, ch. 76-168; s. 1, cb. 77-457; s. 21, cb. 78-95; ss. 2,
3, ch. 81-318; ss. 26, 71, 72, ch. 82-175.
'Note,-Expires October 1, 1984, pursuant to s. 72, ch. 82-175, and is scbeduled
for review pursuant to s. 11.61 in advance of that date.
Note.-Former s. 903.54.