Rule Chapter 69O-221, F.A.C., is being repealed. The Office does not regulate bail bonds. At reorganization, this chapter was given to both the Office of Insurance Regulation (OIR) and the Department of Financial Services (DFS). The repeal will ...

 

FINANCIAL SERVICE COMMISSION

OIR Insurance Regulation

RULE NOS.: RULE TITLES:

69O-221.001 License Required

69O-221.003 Managing General Agents

69O-221.005 Currently Revoked, Suspended or Denied License

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

69O-221.055 Permanent Office Records Required

69O-221.060 Notice of Change of Address

69O-221.065 Statistical Reporting Form

69O-221.070 Build-up Funds; Reporting

69O-221.075 Power of Attorney; Penal Sum of Bond; Not Applicable to Automobile Clubs

69O-221.080 Professional Bail Bond Agent; Justification and Sufficiency of Sureties

69O-221.085 Rate Filing; Approval; Proof

69O-221.095 Soliciting Business

69O-221.100 Terms and Conditions of Contract; Surrender Form

69O-221.105 Premium Charge Only Permitted

69O-221.110 Premium Shall be Term Charge; Premium Refund; When

69O-221.115 Pre-numbered Receipt as Evidence of Payment

69O-221.120 Pre-numbered Receipt as Evidence of Collateral

69O-221.125 Collateral Security; Affidavit; Form

69O-221.130 Collateral Security; Statement; Form

69O-221.135 Collateral Security Requirements

69O-221.140 Indemnity Agreement; Form

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

69O-221.150 Department May Request Information

PURPOSE, EFFECT AND SUMMARY: Rule Chapter 69O-221, F.A.C., is being repealed. The Office does not regulate bail bonds. At reorganization, this chapter was given to both the Office of Insurance Regulation (OIR) and the Department of Financial Services (DFS). The repeal will eliminate OIR’s rule for which there is no statutory authority. DFS has its own rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 648.26 FS., 648.442(8) FS.

LAW IMPLEMENTED: 624.307(1) FS., 626.601 FS., 626.744 FS., 648.25 FS., 648.27 FS., 648.29 FS., 648.295 FS., 648.30 FS., 648.33 FS., 648.34 FS., 648.35 FS., 648.355 FS., 648.36 FS., 648.365 FS., 648.387 FS., 648.388 FS., 648.421 FS., 648.44 FS., 648.442 FS., 648.4425 FS., 648.45 FS., 648.48 FS., 648.50 FS., 903.09 FS., 903.14(1), (3) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, A HEARING WILL NOT BE HELD):

DATE AND TIME: February 1, 2006, 9:30 a.m.

PLACE: Room 142, Larson Building, 200 East Gaines Street, Tallahassee, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Bob Prentiss, Assistant General Counsel, Office of Insurance Regulation, E-mail [e-mail]

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this program, please advise the Office at least 5 calendar days before the program by contacting the person listed above.

 

THE FULL TEXT OF THE PROPOSED RULES IS:

 

69O-221.001 License Required.

Specific Authority 648.26 FS. Law Implemented 648.30, 648.35 FS. History–Repromulgated 12-24-74, Formerly 4-1.06, Amended 9-10-91, Formerly 4-1.006, Amended 4-14-97, Formerly 4-221.001, Repealed _________.

 

69O-221.003 Managing General Agents.

Specific Authority 648.26 FS. Law Implemented 648.25, 648.27, 648.388, 648.48 FS. History–New 4-14-97, Amended 1-22-03, Formerly 4-221.003, Repealed _________.

 

69O-221.005 Currently Revoked, Suspended or Denied License.

Specific Authority 648.26 FS. Law Implemented 648.45(1), (2), 648.50 FS. History–Repromulgated 12-24-74, Formerly 4-1.07, Amended 9-10-91, Formerly 4-1.007, Amended 4-14-97, Formerly 4-221.005, Repealed _________.

 

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

Specific Authority 648.26 FS. Law Implemented 648.25, 648.34, 648.355, 648.387 648.44(6) 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, Repealed _________.

 

69O-221.055 Permanent Office Records Required.

Specific Authority 648.26 FS. Law Implemented 648.25, 648.34, 648.36 FS. History–Repromulgated 12-24-74, Formerly 4-1.01, Amended 9-10-91, Formerly 4-1.001, Amended 4-14-97, 1-22-03, Formerly 4-221.055, Repealed _________.

 

69O-221.060 Notice of Change of Address.

Specific Authority 648.26 FS. Law Implemented 648.421 FS. History–New 12-23-82, Formerly 4-1.17, Amended 9-10-91, Formerly 4-1.017, Amended 4-14-97, 1-22-03, Formerly 4-221.060, Repealed _________.

 

69O-221.065 Statistical Reporting Form.

Specific Authority 648.26 FS. Law Implemented 648.365 FS. History–New 12-23-82, Formerly 4-1.19, Amended 9-10-91, Formerly 4-1.019, Amended 4-14-97, Formerly 4-221.065, Repealed _________.

 

69O-221.070 Build-up Funds; Reporting.

Specific Authority 648.26 FS. Law Implemented 648.29 FS. History–New 9-10-91, Formerly 4-1.021, Amended 4-14-97, 1-22-03, Formerly 4-221.070, Repealed _________.

 

69O-221.075 Power of Attorney; Penal Sum of Bond; Not Applicable to Automobile Clubs.

Specific Authority 648.26 FS. Law Implemented 903.09 FS. History– Repromulgated 12-24-74, Formerly 4-1.08, Amended 9-10-91, Formerly 4-1.008, Formerly 4-221.075, Repealed _________.

 

69O-221.080 Professional Bail Bond Agent; Justification and Sufficiency of Sureties.

Specific Authority 648.26 FS. Law Implemented 648.25 FS. History– Amended 7-1-69, Repromulgated 12-24-74, Formerly 4-1.03, 4-1.003, Amended 4-14-9, Formerly 4-221.080, Repealed _________.

 

69O-221.085 Rate Filing; Approval; Proof.

Specific Authority 648.26 FS. Law Implemented 648.35(2) FS. History– Repromulgated 12-24-74, Formerly 4-1.11, Amended 9-10-91, Formerly 4-1.011, Amended 4-14-97, Formerly 4-221.085, Repealed _________.

 

69O-221.095 Soliciting Business.

Specific Authority 648.26(1)(a) FS. Law Implemented 648.44 FS. History– New 12-23-82, Formerly 4-1.18, Amended 11-5-89, Formerly 4-1.018, Amended 4-14-97, 1-22-03, Formerly 4-221.095, Repealed _________.

 

69O-221.100 Terms and Conditions of Contract; Surrender Form.

Specific Authority 648.26 FS. Law Implemented 648.4425 FS. History– Repromulgated 12-24-74, Formerly 4-1.16, Amended 9-10-91, Formerly 4-1.016, Amended 1-22-03, Formerly 4-221.100, Repealed _________.

 

69O-221.105 Premium Charge Only Permitted.

Specific Authority 648.26 FS. Law Implemented 648.33, 648.44(1)(i) FS. History–Amended 7-1-69, Repromulgated 12-24-74, Amended 5-22-80, Formerly 4-1.05, Amended 9-10-91, Formerly 4-1.005, Amended 4-14-97, Formerly 4-221.105, Repealed _________.

 

69O-221.110 Premium Shall be Term Charge; Premium Refund; When.

Specific Authority 648.26 FS. Law Implemented 624.307(1), 648.295, 648.33 FS. History–Amended 7-1-69, Repromulgated 12-24-74, Formerly 4-1.09, Amended 9-10-91, Formerly 4-1.009, Amended 4-14-97, 1-22-03, Formerly 4-221.110, Repealed _________.

 

69O-221.115 Pre-numbered Receipt as Evidence of Payment.

Specific Authority 648.26 FS. Law Implemented 648.295, 648.36 FS. History– Repromulgated 12-24-74, Formerly 4-1.02, Amended 9-10-91, Formerly 4-1.002, Amended 4-14-97, 1-22-03, Formerly 4-221.115, Repealed _________.

 

69O-221.120 Pre-numbered Receipt as Evidence of Collateral.

Specific Authority 648.26 FS. Law Implemented 648.25(9), 648.36, 648.442(2) FS. History–New 12-23-82, Formerly 4-1.021, Amended 9-10-91, Formerly 4-1.0021, Amended 4-14-97, 1-22-03, Formerly 4-221.120, Repealed _________.

 

69O-221.125 Collateral Security; Affidavit; Form.

Specific Authority 648.26, 648.442(8) FS. Law Implemented 903.14(1), 648.36, 648.44(1)(m), 648.442, 648.45 FS. History–Repromulgated 12-24-74, Formerly 4-1.14, Amended 9-10-91, Formerly 4-1.014, Amended 4-14-97, Formerly 4-221.125, Repealed _________.

 

69O-221.130 Collateral Security; Statement; Form.

Specific Authority 648.26 FS. Law Implemented 903.14(3), 648.36, 648.44(1)(m), 648.442, 648.45 FS. History–New 7-1-69, Repromulgated 12-24-74, Formerly 4-1.141, Amended 9-10-91, Formerly 4-1.0141, Amended 4-14-97, Formerly 4-221.130, Repealed _________.

 

69O-221.135 Collateral Security Requirements.

Specific Authority 648.26 FS. Law Implemented 648.442(1) FS. History–New 12-23-82, Formerly 4-1.142, Amended 9-10-91, Formerly 4-1.0142, Amended 4-14-97, Formerly 4-221.135, Repealed _________.

 

69O-221.140 Indemnity Agreement; Form.

Specific Authority 648.26 FS. Law Implemented 648.442 FS. History– Repromulgated 12-24-74, Formerly 4-1.15, 4-1.015, Amended 4-14-97, 1-22-03, Formerly 4-221.140, Repealed _________.

 

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

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, Repealed _________.

 

69O-221.150 Department May Request Information.

Specific Authority 648.26 FS. Law Implemented 626.601, 626.744, 648.27, 648.36 FS. History–Repromulgated 12-24-74, Formerly 4-1.10, Amended 9-10-91, Formerly 4-1.010, Amended 4-14-97, 1-22-03, Formerly 4-221.150, Repealed _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bob Prentiss, Assistant General Counsel, Office of Insurance Regulation

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Steven H. Parton, General Counsel, Office of Insurance Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 15, 2005