Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.075 - Power of Attorney; Penal Sum of Bond; Not Applicable to Automobile Clubs (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
(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.