The purpose of the proposed amendments to these rules is to remove references to repealed statutes; allow for paperless offices and electronic records; modernize the process for licensees to update their contact information ....  

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    DEPARTMENT OF FINANCIAL SERVICES

    Division of Insurance Agent and Agency Services

    RULE NOS.:RULE TITLES:

    69B-221.003Managing General Agents

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

    69B-221.055Permanent Office Records Required

    69B-221.060Notice of Change of Address

    69B-221.070Build-up Funds; Reporting

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

    69B-221.085Rate Filing; Approval; Proof

    69B-221.095Soliciting Business

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

    69B-221.105Premium Charge Only Permitted

    69B-221.110Premium Shall Be Term Charge; Premium Refund; When

    69B-221.135Collateral Security Requirements

    69B-221.155Forms for Limited Surety (Bail Bond) Agents

    PURPOSE AND EFFECT: The purpose of the proposed amendments to these rules is to remove references to repealed statutes; allow for paperless offices and electronic records; modernize the process for licensees to update their contact information with the Department; repeal processes that are no longer used; clarify how bail bond agents comply with the telemarketing laws of Florida; and update the rules and forms in accordance with current practices of the Department.

    SUBJECT AREA TO BE ADDRESSED: Limited surety agents, professional bail bond agents, and bail bond agencies in Florida.

    RULEMAKING AUTHORITY: 624.308(1), 648.26(1)(a), 648.355(1)(e), 648.4425 FS.

    LAW IMPLEMENTED: 501.059(2),(4), 501.613, 501.616(6), 624.501(6),(14),(21), 648.26(1)(a), 648.27, 648.27(8), 648.285, 648.29, 648.295, 648.33, 648.34, 648.35(2), 648.355, 648.36, 648.382, 648.383, 648.384, 648.387, 648.388, 648.39, 648.421, 648.44, 648.44(1)(j), 648.44(6), 648.442(1),(8), 648.4425, 648.45, 648.48, 903.09 FS.

    IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ray Wenger, Chief, Bureau of Investigation (please see contact information in paragraph above)

     

    THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

     

    69B-221.003 Managing General Agents.

    (1) All insurers regularly engaged in the bail bond business in this state must appoint a shall have a licensed and appointed managing general agent, who is a licensed and appointed bail bond agent in this state, to and shall be responsible for the supervision of their bail bond agents.

    (2) The managing general agent and the insurer will be subject to administrative action for failure to provide bail bond records to the Department within 48 hours of receipt of a request from the Department for such records. The records of all bail bonds written in this state must be made available within 48 hours after being requested by the Department. Failure to provide documents when requested will result in the managing general agent and insurer being subject to administrative action.

    Rulemaking Authority 648.26(1)(a) FS. Law Implemented 648.25, 648.27(8), 648.36, 648.365, 648.388, 648.48 FS. History–New 4-14-97, Amended 1-22-03, Formerly 4-221.003, Amended                 .

     

    69B-221.051 Bail Bond Offices and Temporary Bail Bond Agents 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, of a bail bond agency must shall be in the active full-time charge of a licensed and appointed primary bail bond agent assigned solely to that office, as required by section 648.387, F.S., who must and  shall be designated on Fform DFS-H2-1541, (Rev. 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,” (Rev. MO/20) which is adopted and incorporated herein by reference. This form is hereby incorporated by reference in this rule and is available at [DOS hyperlink] or from the following website: http://www.MyFloridaCFO.com/Division/Agents/Licensure/Forms available from the Division of Agents and Agency Services, Department of Financial Services at http:/www.myfloridacfo.com/Division/Agents.

    (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 section 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) No change.

    (c) Each month, the The supervising bail bond agent shall certify under oath the names and hours worked each week for all temporary bail bond agents by filing file monthly a certified report under oath on Fform DFS-H2-1543, (Rev. 7/13), http://www.flrules.org/Gateway/reference.asp?No=Ref-03251 Temporary Bail Bond Agent Employment Report,” (Rev. MO/19) which is adopted and incorporated herein by reference. This form is hereby incorpated by reference in this rule and is available at [DOS hyperlink] or from the following website: http://www.MyFloridaCFO.com/Division/Agents/Licensure/Forms available from the Division of Agents and Agency Services, Department of Financial Services at http:/www.myfloridacfo.com/Division/Agents.

    (d) through (e) No change.

    Rulemaking Authority 648.26(1)(a), 648.355(1)(e) FS. Law Implemented 648.25, 648.34, 648.44(6) 648.355, 648.387, 648.421, 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, 11-6-13,                    .

     

    69B-221.055 Permanent Office Records Required.

    Each licensee, under chapter 648, F.S., as a minimum requirement for permanent office records shall maintain:

            (1) A daily bond register which must shall be the book or electronic documentation of original and permanent records records of all bonds or undertakings executed by the licensee and must include:

    (a) The number of the Power of Attorney form;

    (b) The date the bond was executed;

    (c) The name of the principal;

    (d) The amount of the bond;

    (e) The premium charged;

    (f) The premium reported to the surety company;

    (g) The security or collateral received;

    (h) Indemnity agreements;

    (i) The disposition of bond; and

    (j) The date of disposition which shall state the number of the Power of Attorney form, date bond was executed, name of principal, amount of bond, premium charged, premium reported to surety company, security or collateral received, indemnity agreements, disposition of bond, and date of disposition.

    (2) An individual file, envelope, or electronic folder or file or envelope for each principal for whom bond is made, which must include:

    (a) The original application for the bail bond or undertaking;

    (b) A copy of the premium receipt;

    (c) A copy of the collateral receipt;

    (d) A copy of each bond attached to every corresponding power of attorney used to justify his or her suretyship in relation to the bond with the court pursuant to section 903.09, F.S.;

    (e) A copy of a bond discharge, if issued;

    (f) A security or collateral affidavit;

    (g) The location of the security or collateral;

    (h) Information as to any security or consideration received by the agency or licensee in connection with each particular bail bond or undertaking and the purpose for which it was received; and

    (i) The receipt or release executed by the person(s) posting security or collateral evidencing the return of such security or collateral and indemnity agreement as executed by co-indemnitors which shall contain the original application for bail bond or undertaking, copy of premium receipt, copy of collateral receipt, copy of a bond discharge, if issued, security or collateral affidavit, where security or collateral is located, information as to any security or consideration received by the agency or licensee in connection with each particular bail bond or undertaking and purpose for which it was received, receipt or release executed by the person or persons posting security or collateral evidencing the return of such security or collateral and indemnity agreement as executed by co-indemnitors.

    Rulemaking Authority 624.308(1), 648.26(1)(a) 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, Amended                 .

     

    69B-221.060 Notice of Change of Address.

    (1) Each licensee under chapter 648, F.S., shall provide notice notify in writing to the Department of Financial Services, Division of Insurance Agent and Agency Services, Bureau of Licensing, each Bail Bond Section, Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0320, insurer, and managing general agent and the licensee represents, and the clerks of each court in which the licensee is they are registered, of a change of each business address, email­ address, telephone number, or name of each agency or firm for which the licensee writes they write bonds within ten (10) working days of such change.

    (2) Licensees Each licensee shall provide the requisite notice to the Department by logging into their MyProfile accounts through the MyProfile online portal located at https://dice.fldfs.com/public/pb_index.aspx or by using use Form DFS-H2-1564 (Rev. 8-12-04), entitled Bail Bond Agent Notice of Change of Address,” (Rev. MO/20), which is hereby incorporated and adopted by reference, to comply with the notice requirements of this rule. This form is available at [DOS hyperlink] and may be obtained from the following address listed above or from the Department’s

    website: www.MyFloridaCFO.com/Division/Agents/Licensure/Forms www.MyFloridaCFO.com/Division/Agents.com.

    Rulemaking Authority 624.308(1), 648.26(1)(a) 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, Amended 8-12-04,                    .

     

    69B-221.065 Statistical Reporting Form.

    Rulemaking 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_______.

     

    69B-221.070 Build-up Funds; Reporting.

    (1) All managing general agents and insurers authorized to write bail bonds in this state who maintain build-up trust accounts pursuant to section 648.29, F.S., shall annually file with the Department, on or before March 1st 1 of each year, a certified statement listing each build-up trust account established on behalf of any bail bond agent or agency and the balance therein as of January 1st 1 of that year. The statement must: shall

    (a) Bbe printed on 8.5” x 11” 8 1/2'' –  11'' paper or an electronic equivalent;.

    (b) The first page of the statement shall Ccontain the name, address, and phone number of the insurer, and the name and title of the person who certified the statement on its first page;.

    (c) The statement shall further Llist the name of each bail bond agent or agency, the name of the financial institution where the account is maintained, the account number, and the balance therein;.

    (d) The statement shall then Bbe certified by the person who prepared and reviewed its the accuracy; and

    (e) Be mailed to the Department of Financial Services, Division of Insurance Agent and Agency Services, Bureau of Investigation, 200 East Gaines Street, Tallahassee, FL 32399-0320 or emailed to Bailbond@MyFloridaCFO.com of the statement.

    (2) No change.

    Rulemaking Authority 624.308(1), 648.26(1)(a) FS. Law Implemented 648.29, 648.36 FS. History–New 9-10-91, Formerly 4-1.021, Amended 4-14-97, 1-22-03, Formerly 4-221.070, Amended          .

     

    69B-221.085 Rate Filing; and Approval; Proof.

    (1) Pursuant to section 648.35(2), F.S., the rates as filed and approved by the Office of Insurance Regulation are the only rates which may be used and the same rate must apply to every bond written. Professional bail bond agents must charge the rate approved by the Office of Insurance Regulation and may not advertise reduced rates.

    (2) All bail bond rate filings must shall be submitted on Form DFS-H2-503, DI4-503, Rev. 10/90 “Bail Bond Rate Filing, which is adopted and incorporated herein by reference in Rule 69B-211.002, F.A.C. This form may be obtained from [DOS hyperlink] or https://myfloridacfo.com/Division/Agents/Licensure/Forms/default.htm the Office of Insurance Regulation, Bureau of P & C Forms and Rates, Larson Building, Tallahassee, Florida 32399-0300.

    (3) Before the rate filing may be changed, a new filing must be made and approved by the Office of Insurance Regulation. The professional bail bond agent must be able to prove that their previous rate was either too high or too low as the case may be. Bail bond agents must charge the rate approved by the Office of Insurance and may not advertise reduced rates.

    Rulemaking Authority 648.26(1)(a) FS. Law Implemented 648.35(2), 648.36 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, Amended                      .

     

    69B-221.095 Soliciting Business.

    (1) No licensee person shall, directly or indirectly, solicit business in or on the property or grounds of a jail, prison, or other place where prisoners are confined, or in or on the property or grounds of a court or any building housing courtrooms.

    (a) For the purposes of this rule, the locations specified in subsection (1) include all parking lots and parking spaces adjacent to the locations or adjacent to public walkways or public streets that are adjacent to the locations.

    (b) As used in this rule, “solicit” includes:

    (2) For the purposes of this rule, solicit shall include:

    1.(a) Displaying, wearing, or distributing any item which directly or indirectly advertises bail bond services; (only state-issued or state-approved identification that includes a citation of the licensee’s arrest powers may be worn); or

    2.(b) Approaching anyone or urging, enticing, luring, or inviting anyone to approach a bail bond agent to use his or her services; their services.

    3.(c) Parking a motor vehicle, that which displays the name of a bail bond agent, a bail bond agency, or any other information advertising bail bond services;.

    4.(d) Passing out business cards or other print advertising (print advertising does not include yellow page advertising in the telephone book), unless requested by the principal or indemnitor or other print advertising by any licensee or unlicensed persons in jails, courthouses, or other immediate areas as described in subsection (3). Print advertising allowed in the telephone book is yellow page advertising; and.

    5. Loitering.

    (2) Any bail bond agent who makes a telephone sales call shall comply with the requirements of sections 501.059(2) and (4), 501.613, and 501.616(6), F.S.

    (e) Only the state issued or approved identification which includes a citation of the licensee’s arrest powers may be worn in the locations described in subsection (3).

    (f) Loiter in any of the areas described in subsection (3).

    (3) For the purposes of this rule, the property or grounds of a court, jail, prison, or other place where prisoners are confined shall include all parking lots and parking spaces adjacent to such places or adjacent to public walkways or public streets adjacent to such places.

    Rulemaking Authority 624.308(1) 648.26(1)(a) FS. Law Implemented 648.44, 501.059(2),(4), 501.613, 501.616(6) 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, Amended               .

     

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

    (1) The following Tterms and Cconditions must be included in of all contracts entered into between a principal and a surety for a bail bond shall set forth the bond number, the date, the amount of the premium and the name of the surety company as follows:

    TERMS AND CONDITIONS

    The following terms and conditions are an integral part of this contract application for appearance bond No. ___ dated ___ for which ___ Surety Company or its agent shall receive a premium in the amount of ___ Dollars ($___) Dollars, and the parties agree that said appearance bond is conditioned upon full compliance by the principal of all said terms and conditions and is a part of said bond and application therefor.

    1. ___ Surety Company, as issuer of the bond bail, shall have control and jurisdiction over the principal during the term for which the bond is executed and shall have the right to apprehend, arrest, and surrender the principal to the proper officials at any time as provided by law.

    2. In the event surrender of principal is made prior to the time set for principal’s appearances, and for reasons other than as enumerated below in paragraph 3., then a refund of the bond premium must shall be made to the person listed on the premium receipt.

    3. It is understood and agreed that the happening of any one of the following events constitutes shall constitute a breach of principal’s obligations to ___ Surety Company hereunder, and ___ Surety Company will shall have the right to forthwith apprehend, arrest, and surrender principal, and principal will shall have no right to any refund of premium whatsoever. Said events which shall constitute a breach of principal’s obligations hereunder are:

    (a) If principal departs shall depart the jurisdiction of the court without the written consent of both the court and ___ Surety Company, or its Agent.

    (b) If principal moves shall move from one address to another within the State of Florida without notifying ___ Surety Company or its Agent in writing prior to said move.

    (c) If principal commits shall commit any act which constitutes shall constitute reasonable evidence of principal's intention to cause a forfeiture of said bond.

    (d) If principal is arrested and incarcerated for any offense other than a minor traffic violation.

    (e) If principal makes shall make any material false statement in the application.

    (f) If the indemnitor is obligated to make premium payment(s) under a written agreement pursuant to Rule 69B-221.105(5), F.A.C., and fails to do so.

    INFORMATIONAL NOTICE

    For complaints or inquiries, please contact:

    Florida Department of Financial Services

    Division of Consumer Services

    200 East Gaines St.

    Tallahassee, FL 32399-0322

    (877) 693-5236 692-5236 (in-state)

    (850) 413-3089 (all areas)

    Signed, sealed and delivered this __ day of __, 20___.

     

    Signature of Applicant

    _______________________

     

    Mailing address

    _______________________

    (2) Any bail bond agent who surrenders or recommits a defendant prior to a forfeiture shall execute Fform DFS-H2-1542 (07/02) titled, Statement of Surrender Form”, (Rev. MO/20) which is adopted and incorporated herein by reference. This form is hereby incorporated by reference in this rule and can be obtained at [DOS hyperlink] or from the following website: http://www.myfloridacfo.com/Agents/Licensure/Forms/index.htm. The licensee shall provide a copy to the defendant, and maintain a copy in the defendant’s file of the defendant. This form is available from the Department’s website: ww.myfloridacfo.com/Division/Agents.

    Rulemaking Authority 648.26(1)(a), 648.4425 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, Amended                      .

     

    69B-221.105 Premium Charge Only Permitted.

    (1) No surety, bail bond agent, temporary bail bond agent, or managing general agent engaged in the bail bond business shall make any charge, collect, or receive any fee or consideration, other than the premium based on current rates, unless permitted by statute or rule. other than the premium based on rates in current use, provided, however, that

    (a) Nnothing in this rule prohibits section shall prohibit collateral security or co-indemnity agreements., and provided further that  

    (b) In instances where an additional surety, bail bond agent, or managing general agent located in a county different from the originating agent or bail bond agent executes the bond, the premium may include additionally include as a part thereof an execution and transfer fee, not to exceed a total of one hundred ($100.00) dollars for any one defendant.

    (c) If a bail bond agent assumes the liability on an out-of-state bond, the transfer fee collected must shall not exceed the amount charged in that state.

    (d) If monies for documentary stamps are collected and the mortgage is not filed, the funds must be returned to the person who tendered the monies.

    (2) No bail bond agent shall charge, collect, or receive any fee or consideration for services rendered to the principal or indemnitor in connection with a bail bond, except those fees listed in subsection (3) below (4), and costs necessary to apprehend the principal in the event the principal attempts to flee the jurisdiction of the courts.

    (3) Prohibited fees include, but are not limited to, any costs regarding arrest, transportation, and surrender within the specified jurisdiction of the court, charges for storage, maintenance or return of collateral, including releases of liens or satisfactions of mortgages, charges for researching case dispositions or obtaining bond discharges or any charge for other services ordinarily performed by a bondsman or their employees in the regular course of business and any other expenses not documented by check or receipt.

    (4) is renumbered as (3) No change.

    (4) Examples of prohibited fees include any costs regarding arrest, transportation, and surrender within the specified jurisdiction of the court, charges for storage, maintenance or return of collateral, including releases of liens or satisfactions of mortgages, charges for researching case dispositions or obtaining bond discharges, any charge for other services ordinarily performed by a bondsman or the bondsman’s employees in the regular course of business, and any other expenses not documented by check or receipt.

    (5) At the time a bond is executed, the bail bond agent may choose to collect only a portion of the full premium required by section 648.33(2), F.S., provided:

    (a) The initial premium payment collected is at least 10% of the total premium due per the applicable rate filing;

    (b) The bond is fully collateralized at the time it is executed;

    (c) The bail bond agent and the indemnitor execute a written agreement containing all of the terms under which the indemnitor must pay the premium, which must contain the following information in a clear, legible format;

    1. The bail bond agency’s name, address, and telephone number;

    2. The defendant’s name, address, and telephone number;

    3. The indemnitor’s name, address, and telephone number;

    4. The surety company’s name, address, and telephone number;

    5. The following statement, in substantially the same form, in at least 14 size font: “Pursuant to section 648.295(1), Florida Statutes, all premiums owed in full to the surety company must only be paid through the bail bond agency as the surety company’s agent in a fiduciary capacity, and the surety company is authorized to attempt to directly collect any unpaid premiums;”

    6. The date the bond(s) was executed;

    7. The number(s) of the Power of Attorney form;

    8. The premium receipt number;

    9. The total premium due and the initial payment collected; and

    10. The payment terms for the balance due.

    (e) The surety company, bail bond agent, defendant, and indemnitor receive a copy the completed form;

    (f) The time for full payment does not exceed 180 days from the date the bond(s) was executed;

    (g) All documentation and forms generated pursuant to this rule, including any past due notices and mail receipts, are kept in the bail bond agent’s file for the defendant; and

    (h) If the full premium due is not paid and collected within 180 days from the date the bond(s) is executed, the bail bond agent or surety company is authorized to surrender the defendant to custody and retain any portion of the premium actually paid on the bond(s).

    (5) renumbered (6) No change.

    Rulemaking Authority 624.308(1), 648.26(1)(a) FS. Law Implemented 648.33, 648.44(1)(j), 648.45 FS. History–New 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, Amended   .

     

    69B-221.110 Premium Shall Be Term Charge; Premium Refund; When.

    (1) The premium permitted under chapter 648, F.S., must shall be a term charge for the term of the bond.

    (2) No additional premium may shall be charged for in the event of a rewrite of a bond based on the same case number, unless except that in the event the amount of the bond has been increased, in which case an additional premium based on the current rates in current use for the amount of the increase may be charged.

    (3) The executing licensed bail bond agent shall refund the entire premium charged for the bond when it is found that the surety had no liability under the bond because the defendant does not come under the jurisdiction of the court to which the defendant is returnable or the defendant is not released from custody, except where a bond is written to allow the defendant to serve a sentence in another jurisdiction.

    (4) The defendant will shall be entitled to the return of premium when surrendered by the surety or bail bond agent at any time prior to the final termination of the surety’s liability on the bond,; unless the defendant violates the terms and conditions of the contract with the surety, which are specified in Rule 69B-221.100, F.A.C provided that the defendant shall not be entitled to a return of the premium where the defendant violates the contract with the surety.

    Rulemaking Authority 624.308(1), 648.26(1)(a)  FS. Law Implemented 648.295 624.307(1), 648.295, 648.33 FS. History–New 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, Amended                                 .

     

    69B-221.135 Collateral Security Requirements.

    (1) No bail bond agent shall accept collateral security or other indemnity of any type in an individual or aggregate amount totaling in excess of fifty thousand dollars ($50,000) cash per bond, except as provided by section sections 648.442(1)(a)-(e), F.S., or by this rule.

    (2) The meaning of “any other type of security approved by the Department” in section 648.442(1)(e), F.S., is defined to include only the following types of security:

    (a) Shares of stock of a close corporation; or

    (b) Patents, copyrights, or trademarks; or. 

    (c) A certificate of title for a new or used motor vehicle, as defined in section 319.001, F.S.

    Rulemaking Authority 624.308(1), 648.26(1)(a) 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, Amended                                .

     

    69B-221.155 Forms for Limited Surety (Bail Bond) Agents.

    The following forms for the bail bond industry are hereby incorporated by reference and are available from the Division of Insurance Agent and Agency Services’ Division’s website at http://www.MyFloridaCFO.com/Division/Agents/Licensure/Forms: and from the hyperlinks below:

    (1) Form DFS-H2-1500, Limited Surety Agent, Professional Bail Bond Agent, Sworn Statement, (Rev.MO/20) [DOS hyperlink] (Eff. 6/11), which is used to comply with section 648.34(2)(d), F.S., to provide the sworn statements attesting to the character of an applicant for a limited surety (bail bond) agent license. http://www.flrules.org/Gateway/reference.asp?No=Ref-00830.

    (2) Form DFS-H2-1509, Temporary Bail Bond Agent, Mandatory Employment Verification, (Rev. MO/20) [DOS hyperlink] (Eff. 6/11), which is used by an applicant to qualify for a temporary bail bond license as required by section 648.355(1)(e), F.S.

    http://www.flrules.org/Gateway/reference.asp?No=Ref-00830.

    (3) Form DFS-H2-1544, Appointing Form, (Rev. MO/20) [DOS hyperlink] (Eff. 6/11), which permits an appointing entity of a limited surety (bail bond) agent to authorize a licensee to act for the appointing entity as provided in section 648.382, F.S.

    http://www.flrules.org/Gateway/reference.asp?No=Ref-00830.

    (4) Form DFS-H2-1544TERM Term, Appointment Termination Form, (Rev. MO/20) [DOS hyperlink] (Eff. 4/11), which permits the appointing entity of a limited surety (bail bond) agent to terminate the appointment of a licensee and cancel that licensee’s authority to act for the appointing entity as provided in sections 648.383(1) and 648.384(1), F.S. http://www.flrules.org/Gateway/reference.asp?No=Ref-00830.

    (5) Form DFS-H2-2083 http://www.flrules.org/Gateway/reference.asp?No=Ref-03478, Individual Application for Temporary Permit to Operate a Bail Bond Agency (Rev. MO/20) [DOS hyperlink] (Eff. 3/13), which allows the personal representative or legal guardian of a deceased or mentally incapacitated owner of a bail bond agency to operate that agency as provided by section 648.285(2), F.S.

    (6) Form DFS-H2-2084 http://www.flrules.org/Gateway/reference.asp?No=Ref-03479, Temporary Permit to Operate a Bail Bond Agency (Eff. 3/13), which is the permit that will be issued by the Department when Individual Application for Temporary Permit to Operate a Bail Bond Agency is approved as provided in section 648.285(2), F.S.

    Rulemaking Authority 624.308(1), 648.26(1)(a) FS. Law Implemented 624.501(6), (14), (21), 648.26(1)(a), 648.27, 648.285, 648.34, 648.355, 648.382, 648.383, 648.384, 648.39, 648.442(8) FS. History–New 1-8-12, Amended 1-6-14,                               .

Document Information

Purpose:
The purpose of the proposed amendments to these rules is to remove references to repealed statutes; allow for paperless offices and electronic records; modernize the process for licensees to update their contact information with the Department; repeal processes that are no longer used; clarify how bail bond agents comply with the telemarketing laws of Florida; and update the rules and forms in accordance with current practices of the Department.
Rulemaking Authority:
624.308(1), 648.26(1)(a), 648.355(1)(e), 648.4425 FS.
Law:
501.059(2),(4), 501.613, 501.616(6), 624.501(6),(14),(21), 648.26(1)(a), 648.27, 648.27(8), 648.285, 648.29, 648.295, 648.33, 648.34, 648.35(2), 648.355, 648.36, 648.382, 648.383, 648.384, 648.387, 648.388, 648.39, 648.421, 648.44, 648.44(1)(j), 648.44(6), 648.442(1),(8), 648.4425, 648.45, 648.48, 903.09 FS
Related Rules: (13)
69B-221.003. Managing General Agents
69B-221.051. Actively Engaged in Business; Place Suitably Designated; Accessible to Public
69B-221.055. Permanent Office Records Required
69B-221.060. Notice of Change of Address
69B-221.070. Build-up Funds; Reporting
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