The proposed rule amendment revises the rule to advise Bail Bond agents and other interested persons that the rule’s referenced forms may be obtained by visiting the Department’s website. The effect of the proposed amendment is to provide a more ...

DEPARTMENT OF FINANCIAL SERVICES
Division of Insurance Agents and Agency Services

Rule No.: RULE TITLE
69B-221.051: Actively Engaged in Business; Place Suitably Designated; Accessible to Public
PURPOSE AND EFFECT: The proposed rule amendment revises the rule to advise Bail Bond agents and other interested persons that the rule’s referenced forms may be obtained by visiting the Department’s website. The effect of the proposed amendment is to provide a more efficient and expedient option for obtaining required forms; minor ministerial changes have also been made to the proposed rule.
SUMMARY: An amendment advising bail bond agents and other interested persons that referenced forms are available by visiting the Department’s website.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Division has prepared a Statement of Estimated Regulatory Cost which indicates that the proposed rule amendment will not have an impact on small business.
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(1)(a), 648.355(1)(e) FS.
LAW IMPLEMENTED: 648.25, 648.34, 648.355, 648.387, 648.44(6) 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, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, January 31, 2011, 10:30 a.m.
PLACE: Room 116, Larson Building, 200 East Gaines Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Richard Brinkley, [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Brinkley, Government Analyst II, Bureau of Investigation, Division of Insurance Agent & Agency Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0319; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

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 (07/02) “Designation or Deletion of Primary Bail Bond Agent for Bail Bond Agency and Filing of Business Names”, 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/Agents/Licensure/Forms/index.htm from the Bail Bond section.

(2) through (3) No change.

(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)(9) 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) No change.

(c) The supervising bail bond agent shall file monthly a certified report under oath on form DFS-H2-1543, (rev. 07/02), “Temporary Bail Bond Agent Employment Report”, which is adopted and incorporated herein by reference, with the Department of Financial Services, Bail Bond Section, 200 East Gaines Street, Tallahassee, Florida 32399-0320. This All forms is referenced in this rule chapter are available at this address from the Division of Agents and Agency Services, Department of Financial Services at http:/www.myfloridacfo.com/Agents/Licensure/Forms/index.htm.

Rulemaking Specific Authority 648.26, 648.355(1)(e) 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, Amended 8-12-04,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Brinkley, Government Analyst II, Bureau of Investigation, Division of Insurance Agent & Agency Services, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink, Chief of Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 17, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 24, 2010