To amend the rule to allow for a minimum partial payment of at least 10% of the total premium due per the applicable rate filing of a bail bond premium at the time the bond is executed. The proposed rule requires a “written agreement” that includes ...

DEPARTMENT OF FINANCIAL SERVICES
Division of Insurance Agents and Agency Services

RULE NO.: RULE TITLE:
69B-221.105: Premium Charge Only Permitted
PURPOSE AND EFFECT: To amend the rule to allow for a minimum partial payment of at least 10% of the total premium due per the applicable rate filing of a bail bond premium at the time the bond is executed. The proposed rule requires a “written agreement” that includes all terms, conditions and other information, as specified. The proposed rule requires a bond to be fully collateralized at the time of execution and further provides that the time period for collection of the full payment of the bond premium must not exceed 180 days. Where full premium is not collected within the 180 day period, or a violation of any other terms and conditions contained in the written agreement occurs: 1) the defendant may be surrendered to custody and; 2) the bail bond agent or surety company shall be entitled to retain any portion of the premium actually paid on the bond. The proposed rule also requires form DFS-H2-1542 (Statement of Surrender Form) to be completed upon the surrender of a defendant. The proposed rule has been renumbered accordingly.
SUBJECT AREA TO BE ADDRESSED: Partial Payment of Bail Bond Premium.
RULEMAKING AUTHORITY: 624.308, 648.26(1)(a) FS.
LAW IMPLEMENTED: 624.307(1), 624.308, 648.26(1)(a), 648.33, 648.36, 648.44(1)(o), 648.44(6)(c) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, October 18, 2011, 10:30 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: 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Richard Brinkley, Government Analyst II, Bureau of Investigation, Division of Insurance Agent and Agency Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0319, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.