(1)
Section 903.09, F.S., is interpreted to
mean that every licensed limited surety agent must attach to each bond a duly
executed power of attorney in an amount of at least the penal sum of the bond.
This section shall not apply to any card or certificate of membership of an
automobile club or association qualified under section
627.758, F.S., relating to
Guaranteed Arrest Bond Certificates, Bail Bond Certificates, or Powers of
Attorney for Bail Bonds sold by licensed surety companies to recognized
automobile clubs or associations.
(2) The office shall approve the power of
attorney form of an insurer to accompany an appearance bond posted at the jail
that includes the following:
(a) The full name
and address of the surety company issuing the power.
(b) A number that will be unique to each
power issued.
(c) The maximum
amount the power may be written.
(d) The date the power will become
void.
(e) Sections that allow for
the following information to be entered on each power:
1. Amount of the bail bond.
2. Name of the defendant.
3. Name of the court.
4. Case number.
5. Executing bail bond agent's
name.
(f) If the form
contains multiple copies, then the number of pages or copies to be a part of
the form and the identity of each party to receive a part of the form. Examples
include: defendant, court, clerk, insurer, bail bond agent.
(g) The limitations of the power. An example
of a limitation of the power would be:
This power of attorney is for use with bail bonds for State,
County, and Municipal Courts only (not valid in Federal Court) and not to
exceed the above stated amount. This power must be filed with the court as a
permanent court record to obligate the surety, for court appearances only, of
the named Defendant. This power shall not obligate the surety for the
Defendant's future lawful conduct, court imposed conditions, restrictions, or
fines, costs, restitution or any other circumstances not specifically related
to court appearances. This power is void if its original format has been
altered, if it exceeds the maximum amount listed, is used with other (surety
name) powers to cover one bond amount, or is used by an individual who is not
authorized to execute surety bonds on behalf of (surety name).
(h) A company statement appointing the
licensed bail bond agent as attorney-in-fact for the insurer. An example of an
acceptable appointing statement would be:
Know all men by these presents that (surety company), a
corporation duly organized and existing under the laws of the State of XXXX,
does constitute and appoint the below named executing agent as its true and
lawful Attorney-in-Fact in its name, place and stead to execute, seal and
deliver for and on its behalf, a surety bail bond for the named
Defendant.
(i) A signature
statement from an official of the insurer. An example of an acceptable
signature statement would be:
In witness whereof, (surety company) has caused this
instrument to be signed and sealed by its duly authorized
officer.
(j) Corporate seal
of the insurer.
(3) The
office shall approve the qualifying power of attorney form of an insurer used
to register a bail bond agent with the clerk of the court in Florida that
includes the following:
(a) The full name and
address of the surety company issuing the qualifying power of attorney, as
shown on the records of the Office of Insurance Regulation.
(b) The name of the licensed bail bond agent
being appointed to represent the surety company on the form.
(c) The name and location of the court where
the qualiflying power of attorney is being filed.
(d) A unique number that will be assigned to
each qualifying power of attorney form issued by the company.
(e) The maximum amount the named bail bond
agent may issue a bail bond on behalf of the surety company.
(f) The date the qualifying power of attorney
appointment will expire for each form executed.
(g) The form must be executed by an
authorized company official who appears on the records of the Office of
Insurance Regulation.
(h) The
corporate seal of the surety company.
(i) A section that provides for the form to
be duly notarized to allow it to be properly recorded in the county where the
bail bond agent is being appointed to represent the surety
company.
(4) The office
shall advise the insurer of approval of the power of attorney via
email.
