Fla. Admin. Code Ann. R. 69B-221.105 - Premium Charge Only Permitted

(1) No surety, bail bond agent, t bail bond agency, or managing general agent engaged in the bail bond business may charge, collect, or receive any fee or consideration, other than the premium based on current rates, unless permitted by statute or rule.

(a) Nothing in this rule prohibits collateral security or co-indemnity agreements.

(b) Where an additional surety, bail bond agent, or managing general agent is located in a county different from the originating agent or bail bond agent who executes the bond the premium may include:

1. an execution and transfer fee, not to exceed one hundred ($100.00) dollars,

2. a travel fee of fifty ($50) dollars for each county travelled through using the most direct route,

3. a managing general agent or surety company fee not to exceed one hundred ($100) dollars for each defendant.

4. If more than (3) bonds must be executed for a defendant, an additional ten ($10) dollars may be charged for each bond beyond the third.

(c) If a bail bond agent assumes the liability on an out-of-state bond, the transfer fee collected shall not exceed the amount charged in that state.

(d) If monies for documentary stamps are collected and the mortgage is not filed, the funds must be returned to the person who tendered the monies.

(2) No bail bond agent or agency may charge, collect, or receive any fee or consideration for services rendered to the principal or indemnitor in connection with a bail bond, except those fees listed in subsection (4), and costs necessary to apprehend the principal in the event the principal attempts to flee the jurisdiction of the courts.

(3) The following fees are prohibited:

(a) any costs regarding arrest, transportation, and surrender within the specified jurisdiction of the court,

(b) charges for storage, maintenance or return of collateral, including releases of liens or satisfactions of mortgages,

(c) charges for researching case dispositions or obtaining bond discharges or any charge for other services ordinarily performed by a bail bond agent or agency or its employees in the regular course of business, and

(d) any other expenses not documented by check or receipt.

(4) Allowable fees include:

(a) Attorney's fees and court costs associated with filing of motions;

(b) Documented transportation and lodging expenses outside the jurisdiction of the court;

(c) Law enforcement costs for housing, re-arrest, transportation, and extradition; and

(d) A maximum fee of $100 for a surrender allowed by law when there has been no forfeiture of the bond.

(5) A bail bond agent who has surrendered a principal and failed to properly refund the premium when required by law shall be subject to discipline as provided in Chapter 648, F.S., and these rules.

Notes

Fla. Admin. Code Ann. R. 69B-221.105

Rulemaking Authority 624.308, 648.26 FS. Law Implemented 648.33, 648.44, 648.45, 648.52 FS.

Amended 7-1-69, Repromulgated 12-24-74, Amended 5-22-80, Formerly 4-1.05, Amended 9-10-91, Formerly 4-1.005, Amended 4-14-97, Formerly 4-221.105, Amended by Florida Register Volume 50, Number 231, November 26, 2024 effective 12/9/2024.

New 7-1-69, Repromulgated 12-24-74, Amended 5-22-80, Formerly 4-1.05, Amended 9-10-91, Formerly 4-1.005, Amended 4-14-97, Formerly 4-221.105.