69B-221.051. Actively Engaged in Business; Place Suitably Designated; Accessible to Public

Every bail bond agent must be actively engaged in the bail bond business; in a building suitably designated as a bail bond agency, which must be maintained open and accessible to the public to render service during reasonable business hours.

(1) Each bail bond agency, and each branch office, shall be in the active full-time charge of a licensed and appointed primary bail bond agent as required by Section 648.387, F.S., and shall be designated on form DFS-H2-1541, (Revised: 7/13) http://www.flrules.org/Gateway/reference.asp?No=Ref-03250 “Filing of Bail Bond Agency Business Name and Designation/Deletion of Primary Bail Bond Agent”, which is adopted and incorporated herein by reference. This form is available from the Division of Agents and Agency Services, Department of Financial Services at http:/www.myfloridacfo.com/Division/Agents.

(2) Each bail bond agency and each branch office shall have an entrance easily accessible to the public and used by the bail bond agent in the regular course of their business dealings with the public. As used in this rule, “accessible to the public means the entrance shall be suitably designated by a sign or other display, readable from a reasonable distance, which provides at a minimum the agency name. Additionally, if a bail bond agency is located in a building which maintains a uniform office directory on its premises, the directory shall provide at a minimum the current name of that bail bond agency.

(3) As used in this rule, the term “reasonable business hours” means at least eight hours daily between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except for legal holidays.

(4)(a) A temporary bail bond agent must be employed full-time and shall be physically accompanied by the supervising bail bond agent or bail bond agent from the same agency as required by Sections 648.25(8) and 648.355(8), F.S. As used in this rule, the term “full-time” means that the temporary bail bond agent must work at least 1,540 hours during 12 months of employment as a temporary bail bond agent. This will result in an average of slightly less than 30 hours per week. Each employer of a temporary bail bond agent must provide the temporary bail bond agent the opportunity to work at least 30 hours a week during the period of employment and may allow the temporary bail bond agent to work more than 30 hours per week.

(b) A temporary bail bond agent shall be employed and receive a salary or wages as required by law.

(c) The supervising bail bond agent shall file monthly a certified report under oath on form DFS-H2-1543, (Revised: 7/13), http://www.flrules.org/Gateway/reference.asp?No=Ref-03251 “Temporary Bail Bond Agent Employment Report”, which is adopted and incorporated herein by reference. This form is available from the Division of Agents and Agency Services, Department of Financial Services at http:/www.myfloridacfo.com/Division/Agents.

(d) The supervising bail bond agent and the temporary bail bond agent must certify the hours reported are the actual hours worked by the temporary bail bond agent.

(e) Form DFS-H2-1543, “Temporary Bail Bond Agent Employment Report,” must be received by the Department no later than the last day of the month following the month being reported on the form.

Rulemaking Authority 648.26, 648.355(1)(e) FS. Law Implemented 648.25, 648.34, 648.44(6) 648.355, 648.387, 648.421 FS. History–Repromulgated 12-24-74, Amended 7-27-78, 12-23-82, Formerly 4-1.04, 4-1.004, Amended 4-14-97, 7-2-98, 1-22-03, Formerly 4-221.051, Amended 8-12-04, 4-18-11, 11-6-13.