Florida Statutes 648.365 – Statistical reporting requirements; penalty for failure to comply
Current as of: 2024 | Check for updates
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(1) Each insurer and each bail bond agent who writes bail bonds in this state, shall maintain and transmit the following information, based on their Florida bail bond business, to the department or office when requested and shall report the information separately for each company represented but only insurers shall report the information specified in paragraphs (a), (l), and (m):
For details, see Fla. Stat. § 775.082(4)(a)
(a) Commissions paid.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 648.365
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bail bond agent: means a limited surety agent or a professional bail bond agent as hereafter defined. See Florida Statutes 648.25
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Insurer: means any domestic, foreign, or alien surety company which has been authorized to transact surety business in this state. See Florida Statutes 648.25
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(b) The number of, and the total dollar amount of, bonds executed.
(c) The number of, and the total dollar amount of, bonds declared forfeited.
(d) The number of, and the total dollar amount of, forfeitures discharged, remitted, or otherwise recovered prior to payment for any reason.
(e) 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 bond agent.
(f) The number of, and the total dollar amount of, judgments entered.
(g) The number of, and the total dollar amount of, forfeitures paid and subsequently recovered from the court by discharge or remission or otherwise.
(h) A list of every outstanding or unpaid forfeiture, estreature, and judgment, with the case number and the name of the court in which such forfeiture, estreature, or judgment is recorded and the name of each agency or firm that employs the bail bond agent.
(i) The number of, and the total dollar amount of, bonds for which collateral was accepted.
(j) The actual realized value of collateral converted, excluding the cost of converting the collateral.
(k) The cost of converting collateral.
(l) The underwriting gain or loss.
(m) The net investment gain or loss allocated to the flow of funds associated with Florida business.
(n) Such additional information as the department or office 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 bond agents 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 bond agent shall submit a copy of such information to each insurer he or she represents.
(2) Any person who intentionally fails to provide the information in this section when requested by the department or office, intentionally provides incorrect or misleading information, or intentionally omits any required information commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.