The proposed rule provides that monthly-filed employment reports for temporary bail bond agents must be received by the Department no later than the last day of the month following the month being reported on the form. The proposed rule is further ...

 

DEPARTMENT OF FINANCIAL SERVICES
Division of Insurance Agents and Agency Services

RULE NO.:RULE TITLE:
69B-221.051Actively Engaged in Business; Place Suitably Designated; Accessible to Public
PURPOSE AND EFFECT: The proposed rule provides that monthly-filed employment reports for temporary bail bond agents must be received by the Department no later than the last day of the month following the month being reported on the form. The proposed rule is further amended to require both the supervising bail bond agent and the temporary bail bond agent to certify that the hours reported reflect the actual hours worked. The proposed rule also defines terms, revises forms and updates electronic links to such forms. The rule is renumbered to reflect the proposed changes.
SUMMARY: The proposed rule is amended to provide that monthly employment reports for temporary bail bond
agents must be received by the Department no later than the last day of the month that follows the month being reported. The proposed rule clarifies that both the supervising bail bond agent and the temporary bail bond agent must certify that employment hours reported reflect actual hours worked during the month reported. The proposed rule clarifies that the “salary or wages” received by a temporary bail bond agent must meet or exceed the requirements of Section 448.110, F.S. (also known as the “Florida Minimum Wage Act”). The proposed rule also adds a definition for the term “Reasonable distance” and revises two forms that are incorporated by reference.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the proposed rule only clarifies the existing rule and results in no additional requirements or costs. The proposed rule revises two forms which may result in modest savings from efficiencies resulting from a reduction in the amount of paperwork required, paper consumed , postage required or faxes transmitted.
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.
RULEMAKING AUTHORITY: 648.26, 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, December 17, 2012, 10:00 a.m.
PLACE: 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: Ray Wenger @ 850-413-5605. 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: Ray Wenger, Financial Administrator, Bureau of Investigation, Division of Insurance Agent & Agency Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0319; 850-413-5605.

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, https://www.flrules.org/gateway/reference.asp?NO=Ref-00215 (Revised: 5/1/12Effective: 4-18-11) “Filing of Bail Bond Agency Business Name and Designation/orDeletion 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.

(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.

(a)  The term “Reasonable distance”  means the sign must be readable from the center of the public street or road in front of the agency’s location, as defined in subsection 69L-241.030(7), F.A.C.

(b)(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.

(3)(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 that meet or exceed the as requirementsd by law of Section 448.110, F.S., which is also referred to as the “Florida Minimum Wage Act.”

(c) The supervising bail bond agent shall file monthly a certified report under oath on form DFS-H2-1543, http://www.flrules.org/Gateway/reference.asp?No=Ref-00216 (Revised: 5/1/12 Effective: 4-18-11), “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/Agents/Licensure/Forms/index.htm.

(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, 648.355, 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, 4-18-11,_____________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Ray Wenger, Financial Administrator, Bureau of Investigation, Division of Insurance Agent & Agency Services, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 13, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 13, 2012