Florida Senate - 2022 SB 822 By Senator Baxley 12-00610A-22 2022822__ 1 A bill to be entitled 2 An act relating to bail bond agents; amending s. 3 648.285, F.S.; providing that persons who manage bail 4 bond agencies are subject to certain requirements; 5 revising requirements for persons who own, control, 6 manage, or have pecuniary interests in bail bond 7 agencies; amending s. 648.355, F.S.; providing for 8 licensure, rather than temporary licensure, of limited 9 surety agents and professional bail bond agents; 10 revising the timeframe for an applicants completion 11 of specified coursework before applying for licensure; 12 amending s. 648.386, F.S.; revising criteria for 13 approval and certification as an approved limited 14 surety agent and professional bail bond agent 15 continuing education school to require continuing 16 education classes to be classroom instruction; 17 creating s. 648.3875, F.S.; specifying requirements 18 for applications for designation as a primary bail 19 bond agent; specifying qualifications for primary bail 20 bond agents; repealing s. 648.41, F.S., relating to 21 termination of appointment of temporary bail bond 22 agents; amending s. 648.42, F.S.; revising the 23 entities from whom a bail bond agent must receive 24 licensure and appointment before registering as a bail 25 bond agent; conforming provisions to changes made by 26 the act; amending ss. 648.25, 648.27, 648.30, 648.31, 27 648.34, 648.382, 648.39, 648.44, 648.441, and 648.50, 28 F.S.; conforming provisions to changes made by the 29 act; amending s. 784.07, F.S.; defining the term bail 30 bond agent; providing penalties for the assault or 31 battery upon a bail bond agent; amending s. 843.021, 32 F.S.; conforming a provision to changes made by the 33 act; revising a defense to the charge of unlawful 34 possession of a concealed handcuff key; amending s. 35 903.28, F.S.; specifying procedures for remission of 36 forfeitures of deceased defendants; revising the 37 amounts of forfeitures that must be remitted; 38 specifying procedures for remission of forfeitures of 39 defendants for whom the state is unwilling to seek 40 extradition; providing an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1.Subsection (8) of section 648.25, Florida 45 Statutes, is amended to read: 46 648.25Definitions.As used in this chapter, the term: 47 (8)Temporary bail bond agent means a person employed by 48 a bail bond agent or agency, insurer, or managing general agent, 49 and such licensee has the same authority as a licensed bail bond 50 agent, including presenting defendants in court; apprehending, 51 arresting, and surrendering defendants to the proper 52 authorities, while accompanied by a supervising bail bond agent 53 or an agent from the same agency; and keeping defendants under 54 necessary surveillance. However, a temporary licensee may not 55 execute or sign bonds, handle collateral receipts, or deliver 56 bonds to appropriate authorities. A temporary licensee may not 57 operate an agency or branch agency separate from the location of 58 the supervising bail bond agent, managing general agent, or 59 insurer by whom the licensee is employed. This does not affect 60 the right of a bail bond agent or insurer to hire counsel or to 61 obtain the assistance of law enforcement officers. 62 Section 2.Subsection (5) of section 648.27, Florida 63 Statutes, is amended to read: 64 648.27Licenses and appointments; general. 65 (5)(a)The license of a bail bond agent shall continue in 66 force, without further examination unless deemed necessary by 67 the department, until suspended, revoked, or otherwise 68 terminated. 69 (b)The license of a temporary bail bond agent shall 70 continue in force until suspended, revoked, or otherwise 71 terminated. 72 Section 3.Subsection (1) of section 648.285, Florida 73 Statutes, is amended to read: 74 648.285Bond agency; ownership requirements. 75 (1)A person may not own, control, manage, or otherwise 76 have a pecuniary interest in a bail bond agency unless such 77 individual is a licensed, and appointed, employed, and actively 78 engaged as a bail bond agent for at least 24 months following 79 the date of issuance of a license pursuant to s. 648.27. Any 80 agency that is not in compliance with this subsection shall be 81 subject to the issuance of an immediate final order of 82 suspension of all operations until the agency achieves 83 compliance. 84 Section 4.Subsection (1) of section 648.30, Florida 85 Statutes, is amended to read: 86 648.30Licensure and appointment required; prohibited acts; 87 penalties. 88 (1)A person may not act in the capacity of a bail bond 89 agent or temporary bail bond agent or perform any of the 90 functions, duties, or powers prescribed for bail bond agents or 91 temporary bail bond agents under this chapter unless that person 92 is qualified, licensed, and appointed as provided in this 93 chapter. 94 Section 5.Section 648.31, Florida Statutes, is amended to 95 read: 96 648.31Appointment taxes and fees.The department shall 97 collect in advance all appointment taxes and fees for the 98 issuance of any appointment to a bail bond agent or temporary 99 bail bond agent, as provided in s. 624.501. 100 Section 6.Subsection (2) of section 648.34, Florida 101 Statutes, is amended to read: 102 648.34Bail bond agents; qualifications. 103 (2)To qualify as a bail bond agent, it must affirmatively 104 appear at the time of application and throughout the period of 105 licensure that the applicant has complied with the provisions of 106 s. 648.355 and has obtained a temporary license pursuant to such 107 section and: 108 (a)The applicant Is a natural person who has reached the 109 age of 18 years and holds a high school diploma or its 110 equivalent. 111 (b)The applicant Is a United States citizen or legal alien 112 who possesses work authorization from the United States Bureau 113 of Citizenship and Immigration Services and is a resident of 114 this state. An individual who is a resident of this state shall 115 be deemed to meet the residence requirement of this paragraph, 116 notwithstanding the existence, at the time of application for 117 license, of a license in the applicants name on the records of 118 another state as a resident licensee of such other state, if the 119 applicant furnishes a letter of clearance satisfactory to the 120 department that his or her resident licenses have been canceled 121 or changed to a nonresident basis and that he or she is in good 122 standing. 123 (c)Will maintain his or her The place of business of the 124 applicant will be located in this state and in the county where 125 the applicant will maintain his or her records and be actively 126 engaged in the bail bond business and maintain an agency 127 accessible to the public which is open for reasonable business 128 hours. 129 (d)The applicant Is vouched for and recommended upon sworn 130 statements filed with the department by at least three reputable 131 citizens who are residents of the same counties in which the 132 applicant proposes to engage in the bail bond business. 133 (e)The applicant Is a person of high character and 134 approved integrity and has not been convicted of or pleaded 135 guilty or no contest to a felony, a crime involving moral 136 turpitude, or a crime punishable by imprisonment of 1 year or 137 more under the law of any state, territory, or country, whether 138 or not a judgment or conviction has been entered. 139 (f)The applicant Has passed any required examination. 140 Section 7.Section 648.355, Florida Statutes, is amended to 141 read: 142 648.355Temporary limited license as Limited surety agents 143 and agent or professional bail bond agents agent; qualifications 144 pending examination. 145 (1)The department may, in its discretion, issue a 146 temporary license as a limited surety agent or professional bail 147 bond agent, subject to the following conditions: 148 (a)The applicant is a natural person at least 18 years of 149 age and holds a high school diploma or its equivalent. 150 (b)The applicant is a United States citizen or legal alien 151 who possesses work authorization from the United States Bureau 152 of Citizenship and Immigration Services and is a resident of 153 this state. An individual who is a resident of this state shall 154 be deemed to meet the residence requirement of this paragraph, 155 notwithstanding the existence, at the time of application for a 156 temporary license, of a license in the individuals name on the 157 records of another state as a resident licensee of such other 158 state, if the applicant furnishes a letter of clearance 159 satisfactory to the department that the individuals resident 160 licenses have been canceled or changed to a nonresident basis 161 and that the individual is in good standing. 162 (c)The applicant is a person of high character and 163 approved integrity and has never been convicted of or pleaded 164 guilty or no contest to a felony, a crime involving moral 165 turpitude, or a crime punishable by imprisonment of 1 year or 166 more under the law of any state, territory, or country, whether 167 or not a judgment or conviction is entered. 168 (d)Within 2 4 years before prior to the date of 169 application for a temporary license, the applicant has 170 successfully completed a basic certification course in the 171 criminal justice system, consisting of not less than 120 hours 172 of classroom instruction with a passing grade of 80 percent or 173 higher and has successfully completed a correspondence course 174 for bail bond agents approved by the department. 175 (e)The applicant must be employed full time at the time of 176 licensure, and at all times throughout the existence of the 177 temporary license, by only one licensed and appointed 178 supervising bail bond agent, who supervises the work of the 179 applicant and is responsible for the licensees conduct in the 180 bail bond business. The applicant must be appointed by the same 181 insurers as the supervising bail bond agent. The supervising 182 bail bond agent shall certify monthly to the department under 183 oath, on a form prescribed by the department, the names and 184 hours worked each week of all temporary bail bond agents. Filing 185 a false certification is grounds for the immediate suspension of 186 the license and imposition of a $5,000 administrative fine. The 187 department may adopt rules that establish standards for the 188 employment requirements. 189 (f)The application must be accompanied by an affidavit 190 verifying proposed employment and a report as to the applicants 191 integrity and moral character on a form prescribed by the 192 department and executed by the proposed employer. 193 (f)(g)The applicant must file with the department 194 statements by at least three reputable citizens who are 195 residents of the same counties in which the applicant proposes 196 to engage as a temporary licensee. 197 (g)(h)The applicants employer is responsible for the bail 198 bonding acts of any licensee under this section. 199 (2)All applicable license fees, as prescribed in s. 200 624.501, must be paid before issuance of the temporary license. 201 (3)The temporary license shall be effective for 18 months, 202 subject to earlier termination at the request of the employer or 203 if suspended or revoked by the department. 204 (4)The applicant shall furnish, with the application for 205 temporary license, a complete set of the applicants 206 fingerprints and a recent credential-sized, fullface photograph 207 of the applicant. The applicants fingerprints shall be 208 certified by an authorized law enforcement officer. The 209 department shall not issue a temporary license under this 210 section until the department has received a report from the 211 Department of Law Enforcement and the Federal Bureau of 212 Investigation relative to the existence or nonexistence of a 213 criminal history report based on the applicants fingerprints. 214 (4)(5)The department may collect a fee necessary to cover 215 the cost of a character and credit report made by an established 216 and reputable independent reporting service. The fee shall be 217 deposited to the credit of the Insurance Regulatory Trust Fund. 218 (6)After licensure as a temporary licensee for at least 12 219 months, such licensee may file an application for and become 220 eligible for a regular bail bond agents license based on the 221 licensees experience in the bail bond business and education 222 pursuant to paragraph (1)(d) and, if otherwise qualified, take 223 the required bail bond agents licensure examination. The 224 applicant and supervising bail bond agent must each file an 225 affidavit under oath, on a form prescribed by the department, 226 verifying the required employment of the temporary agent before 227 issuance of the license. 228 (7)In no event shall a temporary licensee licensed under 229 this section perform any of the functions for which a bail bond 230 agents license is required after expiration of the temporary 231 license without having passed the written examination as for a 232 regular bail bond agents license. 233 (8)(a)A temporary licensee has the same authority as a 234 licensed bail bond agent, including presenting defendants in 235 court; apprehending, arresting, and surrendering defendants to 236 the proper authorities; and keeping defendants under necessary 237 surveillance. However, a temporary licensee must be accompanied 238 by a supervising bail bond agent or an agent from the same 239 agency when apprehending, arresting, or surrendering defendants 240 to authorities. 241 (b)A temporary licensee may not execute or sign bonds, 242 handle collateral receipts, deliver bonds to appropriate 243 authorities, or operate an agency or branch agency separate from 244 the location of the supervising bail bond agent, managing 245 general agent, or insurer by whom the licensee is employed. 246 (9)The department shall not issue a temporary bail bond 247 agents license to any individual who has held such a temporary 248 license in this state within 2 years after the expiration of 249 such temporary bail bond agents license. 250 Section 8.Subsections (1) through (4) of section 648.382, 251 Florida Statutes, are amended to read: 252 648.382Appointment of bail bond agents and temporary bail 253 bond agents; effective date of appointment. 254 (1)Each insurer appointing a bail bond agent and each 255 insurer, managing general agent, or bail bond agent appointing a 256 temporary bail bond agent in this state must file the 257 appointment with the department and, at the same time, pay the 258 applicable appointment fees and taxes. A person appointed under 259 this section must hold a valid bail bond agents or temporary 260 bail bond agents license. 261 (2)Before Prior to any appointment, an appropriate officer 262 or official of the appointing insurer in the case of a bail bond 263 agent or an insurer, managing general agent, or bail bond agent 264 in the case of a temporary bail bond agent must submit: 265 (a)A certified statement or affidavit to the department 266 stating what investigation has been made concerning the proposed 267 appointee and the proposed appointees background and the 268 appointing persons opinion to the best of his or her knowledge 269 and belief as to the moral character and reputation of the 270 proposed appointee. In lieu of such certified statement or 271 affidavit, by authorizing the effectuation of an appointment for 272 a licensee, the appointing entity certifies to the department 273 that such investigation has been made and that the results of 274 the investigation and the appointing persons opinion is that 275 the proposed appointee is a person of good moral character and 276 reputation and is fit to engage in the bail bond business; 277 (b)An affidavit under oath on a form prescribed by the 278 department, signed by the proposed appointee, stating that 279 premiums are not owed to any insurer and that the appointee will 280 discharge all outstanding forfeitures and judgments on bonds 281 previously written. If the appointee does not satisfy or 282 discharge such forfeitures or judgments, the former insurer 283 shall file a notice, with supporting documents, with the 284 appointing insurer, the former agent, and the department, 285 stating under oath that the licensee has failed to timely 286 satisfy forfeitures and judgments on bonds written and that the 287 insurer has satisfied the forfeiture or judgment from its own 288 funds. Upon receipt of such notification and supporting 289 documents, the appointing insurer shall immediately cancel the 290 licensees appointment. The licensee may be reappointed only 291 upon certification by the former insurer that all forfeitures 292 and judgments on bonds written by the licensee have been 293 discharged. The appointing insurer or former agent may, within 294 10 days, file a petition with the department seeking relief from 295 this paragraph. Filing of the petition stays the duty of the 296 appointing insurer to cancel the appointment until the 297 department grants or denies the petition; and 298 (c)Any other information that the department reasonably 299 requires concerning the proposed appointee. 300 (3)By authorizing the effectuation of an appointment for a 301 licensee, the appointing insurer certifies to the department 302 that the insurer will be bound by the acts of the bail bond 303 agent acting within the scope of his or her appointment, and, in 304 the case of a temporary bail bond agent, the appointing insurer, 305 managing general agent, or bail bond agent, as the case may be, 306 must certify to the department that he or she will supervise the 307 temporary bail bond agents activities. 308 (4)Each appointing insurer or, managing general agent, or 309 bail bond agent must advise the department in writing within 5 310 days after receiving notice or learning that an appointee has 311 been arrested for, pled guilty or nolo contendere to, or been 312 found guilty of, a felony or other offense punishable by 313 imprisonment of 1 year or more under the law of any 314 jurisdiction, whether judgment was entered or withheld by the 315 court. 316 Section 9.Subsection (2) of section 648.386, Florida 317 Statutes, is amended to read: 318 648.386Qualifications for prelicensing and continuing 319 education schools and instructors. 320 (2)SCHOOLS AND CURRICULUM FOR CONTINUING EDUCATION 321 SCHOOLS.In order to be considered for approval and 322 certification as an approved limited surety agent and 323 professional bail bond agent continuing education school, such 324 entity must: 325 (a)Provide a minimum of three classroom-instruction 326 continuing education classes per calendar year. 327 (b)Submit a course curriculum to the department for 328 approval. 329 (c)Offer continuing education classes which are comprised 330 of a minimum of 2 hours of approved classroom-instruction 331 coursework and are taught by an approved supervising instructor 332 or guest lecturer approved by the entity or the supervising 333 instructor. 334 Section 10.Section 648.3875, Florida Statutes, is created 335 to read: 336 648.3875Primary bail bond agents; qualifications. 337 (1)An application for designation as a primary bail bond 338 agent must be submitted on forms prescribed by the department. 339 The application must include the applicants full name; date of 340 birth; social security number; residence, business, and mailing 341 addresses; contact telephone numbers, including a business 342 telephone number; e-mail address; and the number and date of 343 issuance of the applicants license issued pursuant to s. 344 648.27. 345 (2)To qualify as a primary bail bond agent, it must 346 affirmatively appear at the time of application and throughout 347 the period of licensure that the applicant has complied with s. 348 648.285 and has been licensed and appointed for the 2 previous 349 years. 350 Section 11.Section 648.39, Florida Statutes, is amended to 351 read: 352 648.39Termination of appointment of managing general 353 agents, and bail bond agents, and temporary bail bond agents. 354 (1)An insurer who terminates the appointment of a managing 355 general agent, or bail bond agent, or temporary bail bond agent 356 shall, within 10 days after such termination, file written 357 notice thereof with the department together with a statement 358 that it has given or mailed notice to the terminated agent. Such 359 notice filed with the department must state the reasons, if any, 360 for such termination. Information so furnished the department is 361 confidential and exempt from the provisions of s. 119.07(1). 362 (2)Each insurer shall, within 5 days after terminating the 363 appointment of any managing general agent, or bail bond agent, 364 or temporary bail bond agent, give written notice thereof to 365 each clerk of the circuit court and sheriff with whom such 366 person is registered. 367 (3)An insurer that terminates the appointment of a 368 managing general agent, or bail bond agent, or temporary bail 369 bond agent may authorize such person to continue to attempt the 370 arrest and surrender of a defendant for whom a surety bond had 371 been written by the bail bond agent before prior to termination 372 and to seek discharge of forfeitures and judgments as provided 373 in chapter 903. 374 Section 12.Section 648.41, Florida Statutes, is repealed. 375 Section 13.Section 648.42, Florida Statutes, is amended to 376 read: 377 648.42Registration of bail bond agents.A bail bond agent 378 may not become a surety on an undertaking unless he or she has 379 registered in the office of the sheriff and with the clerk of 380 the circuit court in the county in which the bail bond agent 381 resides. The bail bond agent may register in a like manner in 382 any other county, and any bail bond agent shall file a certified 383 copy of his or her appointment by power of attorney from each 384 insurer which he or she represents as a bail bond agent with 385 each of such officers. Registration and filing of a certified 386 copy of renewed power of attorney shall be performed by April 1 387 of each odd-numbered year. The clerk of the circuit court and 388 the sheriff shall not permit the registration of a bail bond 389 agent unless such bail bond agent is currently licensed by the 390 department and appointed by an insurer the department. Nothing 391 in this section shall prevent the registration of a temporary 392 licensee at the jail for the purposes of enabling the licensee 393 to perform the duties under such license as set forth in this 394 chapter. 395 Section 14.Subsections (1) and (2) and paragraphs (c) and 396 (d) of subsection (8) of section 648.44, Florida Statutes, are 397 amended to read: 398 648.44Prohibitions; penalty. 399 (1)A bail bond agent or temporary bail bond agent may not: 400 (a)Suggest or advise the employment of, or name for 401 employment, any particular attorney to represent his or her 402 principal. 403 (b)Directly or indirectly solicit business in or on the 404 property or grounds of a jail, prison, or other place where 405 prisoners are confined or in or on the property or grounds of 406 any court. The term solicitation includes the distribution of 407 business cards, print advertising, or other written or oral 408 information directed to prisoners or potential indemnitors, 409 unless a request is initiated by the prisoner or a potential 410 indemnitor. Permissible print advertising in the jail is 411 strictly limited to a listing in a telephone directory and the 412 posting of the bail bond agents or agencys name, address, and 413 telephone number in a designated location within the jail. 414 (c)Initiate in-person or telephone solicitation after 9:00 415 p.m. or before 8:00 a.m., in the case of domestic violence 416 cases, at the residence of the detainee or the detainees 417 family. Any solicitation not prohibited by this chapter must 418 comply with the telephone solicitation requirements in ss. 419 501.059(2) and (4), 501.613, and 501.616(6). 420 (d)Wear or display any identification other than the 421 department issued or approved license or approved department 422 identification, which includes a citation of the licensees 423 arrest powers, in or on the property or grounds of a jail, 424 prison, or other place where prisoners are confined or in or on 425 the property or grounds of any court. 426 (e)Pay a fee or rebate or give or promise anything of 427 value to a jailer, police officer, peace officer, or committing 428 trial court judge or any other person who has power to arrest or 429 to hold in custody or to any public official or public employee 430 in order to secure a settlement, compromise, remission, or 431 reduction of the amount of any bail bond or estreatment thereof. 432 (f)Pay a fee or rebate or give anything of value to an 433 attorney in a bail bond matter, except in defense of any action 434 on a bond. 435 (g)Pay a fee or rebate or give or promise anything of 436 value to the principal or anyone in his or her behalf. 437 (h)Participate in the capacity of an attorney at a trial 438 or hearing of one on whose bond he or she is surety. 439 (i)Loiter in or about a jail, courthouse, or where 440 prisoners are confined. 441 (j)Accept anything of value from a principal for providing 442 a bail bond except the premium and transfer fee authorized by 443 the office, except that the bail bond agent may accept 444 collateral security or other indemnity from the principal or 445 another person in accordance with the provisions of s. 648.442, 446 together with documentary stamp taxes, if applicable. No fees, 447 expenses, or charges of any kind shall be permitted to be 448 deducted from the collateral held or any return premium due, 449 except as authorized by this chapter or rule of the department 450 or commission. A bail bond agent may, upon written agreement 451 with another party, receive a fee or compensation for returning 452 to custody an individual who has fled the jurisdiction of the 453 court or caused the forfeiture of a bond. 454 (k)Write more than one power of attorney per charge on a 455 bond, except in the case of a cosurety, unless the power of 456 attorney prohibits a cosurety. 457 (l)Execute a bond in this state on his or her own behalf. 458 (m)Execute a bond in this state if a judgment has been 459 entered on a bond executed by the bail bond agent, which has 460 remained unpaid for 35 days, unless the full amount of the 461 judgment is deposited with the clerk in accordance with s. 462 903.27(5). 463 (n)Make a statement or representation to a court, unless 464 such statement or representation is under oath. Such statement 465 or representation may not be false, misleading, or deceptive. 466 (o)Attempt to collect, through threat or coercion, amounts 467 due for the payment of any indebtedness related to the issuance 468 of a bail bond in violation of s. 559.72. 469 (p)Conduct bail bond business with any person, other than 470 the defendant, on the grounds of the jail or courthouse for the 471 purpose of executing a bond. 472 (2)The following persons or classes shall not be bail bond 473 agents, temporary bail bond agents, or employees of a bail bond 474 agent or a bail bond business and shall not directly or 475 indirectly receive any benefits from the execution of any bail 476 bond: 477 (a)Jailers or persons employed in any jail. 478 (b)Police officers or employees of any police department 479 or law enforcement agency. 480 (c)Committing trial court judges, employees of a court, or 481 employees of the clerk of any court. 482 (d)Sheriffs and deputy sheriffs or employees of any 483 sheriffs department. 484 (e)Attorneys. 485 (f)Persons having the power to arrest or persons who have 486 authority over or control of federal, state, county, or 487 municipal prisoners. 488 (8) 489 (c)Any law enforcement agency, state attorneys office, 490 court clerk, or insurer that is aware that a bail bond agent or 491 temporary bail bond agent has been convicted of or who has 492 pleaded guilty or no contest to a crime as described in 493 paragraph (a) shall notify the department of this fact. 494 (d)Upon the filing of an information or indictment against 495 a bail bond agent or temporary bail bond agent, the state 496 attorney or clerk of the circuit court shall immediately furnish 497 the department a certified copy of the information or 498 indictment. 499 Section 15.Subsection (1) of section 648.441, Florida 500 Statutes, is amended to read: 501 648.441Furnishing supplies to unlicensed bail bond agent 502 prohibited; civil liability and penalty. 503 (1)An insurer, managing general agent, or bail bond agent, 504 or temporary bail bond agent appointed under this chapter may 505 not furnish to any person any blank forms, applications, 506 stationery, business card, or other supplies to be used in 507 soliciting, negotiating, or effecting bail bonds until such 508 person has received from the department a license to act as a 509 bail bond agent and is appointed by the insurer. This section 510 does not prohibit an unlicensed employee, under the direct 511 supervision and control of a licensed and appointed bail bond 512 agent, from possessing or executing in the bail bond agency, any 513 forms, except for powers of attorney, bond forms, and collateral 514 receipts, while acting within the scope of his or her 515 employment. 516 Section 16.Section 648.50, Florida Statutes, is amended to 517 read: 518 648.50Effect of suspension, revocation upon associated 519 licenses and licensees. 520 (1)Upon the suspension, revocation, or refusal to renew or 521 continue any license or appointment or the eligibility to hold a 522 license or appointment of a bail bond agent or temporary bail 523 bond agent, the department shall at the same time likewise 524 suspend or revoke all other licenses or appointments and the 525 eligibility to hold any other such licenses or appointments 526 which may be held by the licensee under the Florida Insurance 527 Code. 528 (2)In case of the suspension or revocation of the license 529 or appointment, or the eligibility to hold a license or 530 appointment, of any bail bond agent, the license, appointment, 531 or eligibility of any and all bail bond agents who are members 532 of a bail bond agency, whether incorporated or unincorporated, 533 and any and all temporary bail bond agents employed by such bail 534 bond agency, who knowingly are parties to the act which formed 535 the ground for the suspension or revocation may likewise be 536 suspended or revoked. 537 (3)No person whose license as a bail bond agent or 538 temporary bail bond agent has been revoked or suspended shall be 539 employed by any bail bond agent, have any ownership interest in 540 any business involving bail bonds, or have any financial 541 interest of any type in any bail bond business during the period 542 of revocation or suspension. 543 Section 17.Present paragraphs (a) through (f) of 544 subsection (1) of section 784.07, Florida Statutes, are 545 redesignated as paragraphs (b) through (g), respectively, a new 546 paragraph (a) is added to that subsection, and subsection (2) of 547 that section is amended, to read: 548 784.07Assault or battery of law enforcement officers, 549 firefighters, emergency medical care providers, public transit 550 employees or agents, or other specified officers; 551 reclassification of offenses; minimum sentences. 552 (1)As used in this section, the term: 553 (a)Bail bond agent means any individual appointed by an 554 insurer by power of attorney to execute or countersign bail 555 bonds in connection with judicial proceedings and who receives 556 or is promised money or other things of value for such duties or 557 any person licensed pursuant to s. 648.27. 558 (2)Whenever any person is charged with knowingly 559 committing an assault or battery upon a law enforcement officer, 560 a firefighter, an emergency medical care provider, a bail bond 561 agent, a railroad special officer, a traffic accident 562 investigation officer as described in s. 316.640, a nonsworn law 563 enforcement agency employee who is certified as an agency 564 inspector, a blood alcohol analyst, or a breath test operator 565 while such employee is in uniform and engaged in processing, 566 testing, evaluating, analyzing, or transporting a person who is 567 detained or under arrest for DUI, a law enforcement explorer, a 568 traffic infraction enforcement officer as described in s. 569 316.640, a parking enforcement specialist as defined in s. 570 316.640, a person licensed as a security officer as defined in 571 s. 493.6101 and wearing a uniform that bears at least one patch 572 or emblem that is visible at all times that clearly identifies 573 the employing agency and that clearly identifies the person as a 574 licensed security officer, or a security officer employed by the 575 board of trustees of a community college, while the officer, 576 firefighter, emergency medical care provider, bail bond agent, 577 railroad special officer, traffic accident investigation 578 officer, traffic infraction enforcement officer, inspector, 579 analyst, operator, law enforcement explorer, parking enforcement 580 specialist, public transit employee or agent, or security 581 officer is engaged in the lawful performance of his or her 582 duties, the offense for which the person is charged shall be 583 reclassified as follows: 584 (a)In the case of assault, from a misdemeanor of the 585 second degree to a misdemeanor of the first degree. 586 (b)In the case of battery, from a misdemeanor of the first 587 degree to a felony of the third degree. Notwithstanding any 588 other provision of law, a person convicted of battery upon a law 589 enforcement officer committed in furtherance of a riot or an 590 aggravated riot prohibited under s. 870.01 shall be sentenced to 591 a minimum term of imprisonment of 6 months. 592 (c)In the case of aggravated assault, from a felony of the 593 third degree to a felony of the second degree. Notwithstanding 594 any other provision of law, any person convicted of aggravated 595 assault upon a law enforcement officer shall be sentenced to a 596 minimum term of imprisonment of 3 years. 597 (d)In the case of aggravated battery, from a felony of the 598 second degree to a felony of the first degree. Notwithstanding 599 any other provision of law, any person convicted of aggravated 600 battery of a law enforcement officer shall be sentenced to a 601 minimum term of imprisonment of 5 years. 602 Section 18.Paragraph (a) of subsection (4) of section 603 843.021, Florida Statutes, is amended to read: 604 843.021Unlawful possession of a concealed handcuff key. 605 (4)(a)It is a defense to a charge of violating this 606 section that the person in custody and in possession of a 607 concealed handcuff key is: 608 1.A federal, state, or local law enforcement officer, 609 including a reserve or auxiliary officer, a licensed security 610 officer, or a private investigator as defined in s. 493.6101; or 611 2.A professional bail bond agent, temporary bail bond 612 agent, runner, or limited surety agent as defined in s. 648.25. 613 Section 19.Section 903.28, Florida Statutes, is amended to 614 read: 615 903.28Remission of forfeiture; conditions. 616 (1)On application within 2 years from forfeiture, the 617 court shall order remission of the forfeiture if it determines 618 that there was no breach of the bond. 619 (2)If the defendant surrenders or is apprehended or 620 deceased within 90 days after forfeiture, the court, on motion 621 at a hearing upon notice having been given to the clerk of the 622 circuit court and the state attorney as required in subsection 623 (9) (8), shall direct remission of up to, but not more than, 100 624 percent of a forfeiture if the surety apprehended and 625 surrendered the defendant or if the apprehension or surrender of 626 the defendant was substantially procured or caused by the 627 surety;, or the surety has substantially attempted to procure or 628 cause the apprehension or surrender of the defendant, and the 629 delay has not thwarted the proper prosecution of the defendant; 630 or the defendant is deceased. In addition, remission shall be 631 granted when the surety did not substantially participate or 632 attempt to participate in the apprehension or surrender of the 633 defendant when the costs of returning the defendant to the 634 jurisdiction of the court have been deducted from the remission 635 and when the delay has not thwarted the proper prosecution of 636 the defendant. 637 (3)If the defendant surrenders or is apprehended or 638 deceased within 180 days after forfeiture, the court, on motion 639 at a hearing upon notice having been given to the clerk of the 640 circuit court and the state attorney as required in subsection 641 (9) (8), shall direct remission of up to, but not more than, 95 642 percent of a forfeiture if the surety apprehended and 643 surrendered the defendant or if the apprehension or surrender of 644 the defendant was substantially procured or caused by the 645 surety;, or the surety has substantially attempted to procure or 646 cause the apprehension or surrender of the defendant, and the 647 delay has not thwarted the proper prosecution of the defendant; 648 or the defendant is deceased. In addition, remission shall be 649 granted when the surety did not substantially participate or 650 attempt to participate in the apprehension or surrender of the 651 defendant when the costs of returning the defendant to the 652 jurisdiction of the court have been deducted from the remission 653 and when the delay has not thwarted the proper prosecution of 654 the defendant. 655 (4)If the defendant surrenders or is apprehended or 656 deceased within 270 days after forfeiture, the court, on motion 657 at a hearing upon notice having been given to the clerk of the 658 circuit court and the state attorney as required in subsection 659 (9) (8), shall direct remission of up to, but not more than, 90 660 percent of a forfeiture if the surety apprehended and 661 surrendered the defendant or if the apprehension or surrender of 662 the defendant was substantially procured or caused by the 663 surety;, or the surety has substantially attempted to procure or 664 cause the apprehension or surrender of the defendant, and the 665 delay has not thwarted the proper prosecution of the defendant; 666 or the defendant is deceased. In addition, remission shall be 667 granted when the surety did not substantially participate or 668 attempt to participate in the apprehension or surrender of the 669 defendant when the costs of returning the defendant to the 670 jurisdiction of the court have been deducted from the remission 671 and when the delay has not thwarted the proper prosecution of 672 the defendant. 673 (5)If the defendant surrenders or is apprehended or 674 deceased within 1 year after forfeiture, the court, on motion at 675 a hearing upon notice having been given to the clerk of the 676 circuit court and the state attorney as required in subsection 677 (9) (8), shall direct remission of up to, but not more than, 85 678 percent of a forfeiture if the surety apprehended and 679 surrendered the defendant or if the apprehension or surrender of 680 the defendant was substantially procured or caused by the 681 surety;, or the surety has substantially attempted to procure or 682 cause the apprehension or surrender of the defendant, and the 683 delay has not thwarted the proper prosecution of the defendant; 684 or the defendant is deceased. In addition, remission shall be 685 granted when the surety did not substantially participate or 686 attempt to participate in the apprehension or surrender of the 687 defendant when the costs of returning the defendant to the 688 jurisdiction of the court have been deducted from the remission 689 and when the delay has not thwarted the proper prosecution of 690 the defendant. 691 (6)If the defendant surrenders or is apprehended or 692 deceased within 2 years after forfeiture, the court, on motion 693 at a hearing upon notice having been given to the clerk of the 694 circuit court and the state attorney as required in subsection 695 (9) (8), shall direct remission of up to, but not more than, 50 696 percent of a forfeiture if the surety apprehended and 697 surrendered the defendant or if the apprehension or surrender of 698 the defendant was substantially procured or caused by the 699 surety;, or the surety has substantially attempted to procure or 700 cause the apprehension or surrender of the defendant, and the 701 delay has not thwarted the proper prosecution of the defendant; 702 or the defendant is deceased. In addition, remission shall be 703 granted when the surety did not substantially participate or 704 attempt to participate in the apprehension or surrender of the 705 defendant when the costs of returning the defendant to the 706 jurisdiction of the court have been deducted from the remission 707 and when the delay has not thwarted the proper prosecution of 708 the defendant. 709 (7)For a period of 2 years after the date of forfeiture, 710 if the state is unwilling to seek extradition of the defendant 711 from any jail or prison after a request by the surety agent or 712 the surety company, and contingent upon the surety agent or 713 surety company consenting to pay all costs incurred by an 714 official in returning the defendant to the jurisdiction of the 715 court, up to the penal amount of the bond, the court shall 716 direct remission of 100 percent of the forfeiture. 717 (8)The remission of a forfeiture may not be ordered for 718 any reason other than as specified herein. 719 (9)(8)An application for remission must be accompanied by 720 affidavits setting forth the facts on which it is founded; 721 however, the surety must establish by further documentation or 722 other evidence any claimed attempt at procuring or causing the 723 apprehension or surrender of the defendant before the court may 724 order remission based upon an attempt to procure or cause such 725 apprehension or surrender. The clerk of the circuit court and 726 the state attorney must be given 20 days notice before a 727 hearing on an application and be furnished copies of all papers, 728 applications, and affidavits. Remission shall be granted on the 729 condition of payment of costs, unless the ground for remission 730 is that there was no breach of the bond. 731 (10)(9)The clerk of the circuit court may enter into a 732 contract with a private attorney or into an interagency 733 agreement with a governmental agency to represent the clerk of 734 the court in an action for the remission of a forfeiture under 735 this section. 736 (11)(10)The clerk of the circuit court is the real party 737 in interest for all appeals arising from an action for the 738 remission of a forfeiture under this section. 739 Section 20.This act shall take effect July 1, 2022.