69B-221.145. Use of Credit Cards and Cash Advance Facilities in Conjunction with Issuing Bail Bonds

(1) For the purposes of this rule, a cash advance facility shall mean any person, as defined in Section 624.04, F.S., who advances cash or issues a draft, check or other instrument to a credit card holder, charges the credit card holder’s account for the amount of the advance, and charges a fee, commission, or any other form of consideration to the credit card holder for each cash advance transaction.

(2) A bail bond agent may provide access to a cash advance facility in his office. With respect to the issuance of a bail bond and to the maintenance of a cash advance facility system on the premises of a bail bond office, no bail bond agent shall directly or indirectly enter into any arrangement with a cash advance facility whereby the bail bond agent accepts anything of value from the cash advance facility, and no bail bond agent shall charge any person a fee for the use of the cash advance facility, in excess of the amount of the premium, and transfer fee if applicable, authorized by law to be charged for the issuance of a bail bond.

(3) The amount of the service charge imposed on the credit card customer by a cash advance facility shall be prominently and conspicuously posted in the office of the bail bond agent and each credit card customer who uses the cash advance facility shall be informed by the bail bond agent of the facility’s applicable service charge in advance of completing the transaction.

(4) A bail bond agent may directly enter into an arrangement with a credit card facility in order to charge a credit card holder’s account for the issuance of a bail bond.

(a) A bail bond agent may not charge or receive a transfer fee, or any other additional fee, surcharge or commission, for the use of a credit card if the bail bond agent accepts payment by credit card. Any fee or discount points which may be charged to the bail bond agent by the credit card facility or organization shall be borne by the bail bond agent and shall not be passed on to any person involved in the bail bond transaction. This paragraph does not prohibit a bail bond agent from charging a fee on a transfer bond in accordance with Rule 69B-221.105, F.A.C.

(b) A bail bond agent may not deduct a transfer fee, or other additional fee, surcharge or commission, from the amount of collateral charged, except as provided in Section 648.571(3)(b), F.S., at the time the collateral is returned.

(c) The credit card fee referenced in Section 648.571(3)(b)1., F.S., is the fee charged by the credit card issuer.

Specific Authority 648.26(1)(a) FS. Law Implemented 648.33, 648.44(1)(j) FS. History–New 11-5-89, Formerly 4-1.020, Amended 4-14-97, 1-22-03, Formerly 4-221.145.