Section 648.285(2), F.S., provides that if the owner of a bail bond agency dies or becomes mentally incapacitated, a personal representative or legal guardian may be issued a temporary permit to manage the affairs of the bail bond agency. The ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Insurance Agents and Agency Services

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: Section 648.285(2), F.S., provides that if the owner of a bail bond agency dies or becomes mentally incapacitated, a personal representative or legal guardian may be issued a temporary permit to manage the affairs of the bail bond agency. The application for a temporary permit must be made by the personal representative or legal guardian upon statements and affidavits filed with the Department on forms prescribed and furnished by it. The rule will allow a bail bond agency to continue operating after the death or incapacity of the licensed owner without requiring the person acting as the personal representative or legal guardian to obtain a license. The agency can then be sold and the proceeds added to the estate of the agent, or the personal representative can use the temporary permit to continue running and receiving profits from the agency while a permanent license is obtained.

SUMMARY: The proposed rule amendment will adopt the form to be used by the unlicensed personal representative or legal guardian to obtain a temporary permit to operate a bail bond agency after the death or incapacity of the agency’s owner. The rule also adopts the certificate that will be issued once the permit is granted.

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 not 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 Department conducted an economic analysis of the potential impact of the proposed rule and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

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: 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.

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: December 2, 2013, 10:00 a.m.

PLACE: Room 142, Larson Building, 200 E. Gaines Street, Tallahassee, FL

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 five days before the workshop/meeting by contacting: Ray Wenger, [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: Ray Wenger, Bureau of Investigations, Division of Insurance Agents and Agency Services, 200 E. Gaines Street, Tallahassee, FL 32399-0320, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

The following forms for the bail bond industry are hereby incorporated by reference and available from the Division’s website at http://www.MyFloridaCFO.com/Division/Agents/Licensure/Forms/index.htm:

(1) through (4) No change.

(5) Form DFS-H2-2083, Individual Application for Temporary Permit to Operate a Bail Bond Agency (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, 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__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ray Wenger, Bureau of Investigations

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 4, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 6, 2013