The proposed rulemaking removes obsolete language regarding temporary licenses and establishes rules for the newly created bail bond agency license, implementing chapter 2023-144, Laws of Florida. The proposed rulemaking ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Insurance Agent and Agency Services

RULE NOS.:RULE TITLES:

69B-221.001License Required

69B-221.003Managing General Agents

69B-221.005Currently Revoked, Suspended or Denied License

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-221.065Statistical Reporting Form

69B-221.070Build-up Funds; Reporting

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 proposed rulemaking removes obsolete language regarding temporary licenses and establishes rules for the newly created bail bond agency license, implementing chapter 2023-144, Laws of Florida. The proposed rulemaking will modernize bail bond licensee processes, remove references to repealed statutes, clarify how bail bond agents comply with the telemarketing laws of Florida, and clarify and simply the rule language and forms generally. Process modernization includes allowing for paperless offices and electronic records, updating contact information with the Department electronically, communicating with the Department electronically, and repealing obsolete processes.

SUMMARY: The proposed rule chapter implements the Department’s rulemaking duties under subsections 624.308(1), 648.26(1), 648.4425, F.S., and enforces the related provisions under chapters 624 and 648, F.S. The proposed rule chapter incorporates new forms, updates existing forms, and deletes obsolete forms relating to bail bond licensee regulatory requirements.

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’s economic review for this rulemaking.

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, 648.26, 648.355, 648.4425, FS.

LAW IMPLEMENTED: 624.501, 648.26, 648.27, 648.285, 648.29, 648.295, 648.33, 648.34, 648.35, 648.355, 648.36, 648.365, 648.382, 648.383, 648.384, 648.387, 648.388, 648.39, 648.421, 648.44, 648.442, 648.4425, 648.45, 648.48, 648.52, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: April 2, 2024, 9:30 a.m.

PLACE: Room 116, Larson Building, 200 E. 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, [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 at 200 East Gaines St, Tallahassee, Florida 32399-0320, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69B-221.001 License Required.

(1) Any licensed bail bond agent, temporary bail bond agent, or managing general agent engaged in the bail bond business, who permits any person not licensed, as required under Chapter 648, Florida Statutes (F.S.), to solicit or engage in the bail bond business on in his or her behalf will shall be deemed in violation of Section 648.30, F.S.

(2) A bail bond agent or duly licensed person from another state may apprehend, detain, or arrest a principal on a bond, as provided by law.

Rulemaking Authority 648.26 FS. Law Implemented 648.30, 648.35 FS. History–Repromulgated 12-24-74, Formerly 4-1.06, Amended 9-10-91, Formerly 4-1.006, Amended 4-14-97, Formerly 4-221.001, Amended     .

 

69B-221.003 Managing General Agents.

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

(2) 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 these records within 48 hours after request by the Department documents when requested will result in the penalties provided by Rule 69B-241.110, Florida Administrative Code (F.A.C.) managing general agent and insurer being subject to administrative action.

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

 

69B-221.005 Currently Revoked, Suspended, or Denied License.

Any licensed bail bond agent or managing general agent engaged in the bail bond business who knowingly employs for or on behalf of the bail bond agency has in his employ a person whose bail bond license is currently revoked, suspended, or denied in this or any other state will shall be deemed to be conducting his or her affairs under the license in such a way as to render said licensee unfit to carry on the bail bond business.

Rulemaking Authority 648.26 FS. Law Implemented 648.45, 648.50 FS. History–Repromulgated 12-24-74, Formerly 4-1.07, Amended 9-10-91, Formerly 4-1.007, Amended 4-14-97, Formerly 4-221.005, Amended              .

 

69B-221.051 Bail Bond Offices Actively Engaged in Business; Place Suitably Designated; Accessible to Public.

(1) 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.

(2)(1) Each bail bond agency, and each branch office, must shall be in the active full-time charge of a licensed and appointed primary bail bond agent in charge assigned solely to that office, as required by Section 648.387, F.S., who must and shall be designated as the bail bond agent in charge for that bail bond agency location. on form 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,” 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/Division/Agents.

(a) The owner of a bail bond agency must designate a bail bond agent in charge through the bail bond agency’s MyProfile account utilizing the Department’s online portal located at https://dice.fldfs.com/public/pb_index.aspx by completing Form DFS-H2-1541, Designation or Deletion of Bail Bond Agent in Charge, which is incorporated by reference in Rule 69B-221.155, F.A.C.

(b) The owner of the bail bond agency is responsible for deleting a designation of a bail bond agent in charge if the bail bond agency is closed.

(2) through (3) renumbered as (3) through (4) No change.

(5) If a bail bond agency closes, within 10 business days, the owner of the bail bond agency is required to notify the Department in writing of the following:

(a) the location of the agency files for the length of time required by statute,

(b) the location of any collateral being held to secure bail bonds written,

(c) a description of the process consumers are to follow to obtain their collateral after their bonds have been discharged,

(d) the date the bail bond agency closed, and

(e) the date the bail bond agency’s license with the Department is to be cancelled.

(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 as required by law.

(c) The supervising bail bond agent shall file monthly a certified report under oath on form DFS-H2-1543, (Rev. 7/13), http://www.flrules.org/Gateway/reference.asp?No=Ref-03251 “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/Division/Agents.

(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, 648.44(6) 648.355, 648.387, 648.421, 648.44 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 bail bond agency licensee, as a minimum requirement for permanent office records, must shall maintain:

A daily bond register or an electronic document, which must shall be the book of original and permanent record of all bonds or undertakings executed by the bail bond agents in the agency and must include: licensee which shall state the number of

(a) the license number of the writing bail bond agent,

(b) the identifying number of the power of attorney Power of Attorney form provided to the bail bond agent from the surety company,

(c) the date the bond was executed,

(d) the name of the principal,

(e) the amount of the bond,

(f) the premium charged,

(g) the premium reported to the surety company,

(h) the security or collateral received,

(i) all indemnity agreements related to the bond,

(j) the disposition of the bond, and

(k) the date of disposition.

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

(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 any issued,

(f) a security or collateral affidavit,

(g) the location of the where security or collateral is located,

(h) information as to any security or consideration received by the bail bond agency or agent 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 or persons posting security or collateral evidencing the return of such security or collateral and indemnity agreement as executed by indemnitors or co-indemnitors.

Rulemaking Authority 624.308, 648.26 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      .

 

Substantial rewording of Rule 69B-221.060 follows. See Florida Administrative Code for present text.

69B-221.060 Notice of Change of Information.

(1) A bail bond agency licensee must accurately maintain all information within its MyProfile “Bail Bond Agency Profile” within the Department’s online portal located at https://dice.fldfs.com/public/pb_index.aspx.

(a) Any change to the agency information must be reported to the Department using the licensee’s MyProfile account within the Department’s online portal within 10 business days of such change using Form DFS-H2-1564, Notice of Change of Information, which is incorporated by reference in Rule 69B-221.155, F.A.C.

(b) The information which must be kept accurate includes:

1. agency name;

2. owner or officer(s);

3. business locations;

4. business address;

5. mailing address;

6. email address; and

7. work phone number.

(c) The licensee is responsible for notifying the insurer, managing general agent, and clerk of each court in which the licensee is registered of any change reported to the Department within the same period under this subsection.

(2) A bail bond agent licensee must accurately maintain all information within its MyProfile individual account “Licensee Profile” within the Department’s online portal located at https://dice.fldfs.com/public/pb_index.aspx.

(a) Any change to the individual’s information must be reported to the Department using the licensee’s MyProfile account within the Department’s online portal within 10 business days of such change using Form DFS-H2-1564, Notice of Change of Information, which is incorporated by reference in Rule 69B-221.155, F.A.C.

(b) The information which must be kept accurate includes:

1. name;

2. email;

3. home address;

4. business address;

5. mailing address; and

6. home and work phone number.

(c) The licensee is responsible for notifying the insurer, managing general agent, and clerk of each court in which the licensee is registered of any change reported to the Department within the same period under this subsection.

Rulemaking Authority 624.308, 648.26 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., must shall annually file with the Department on or before March 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 1 of that year in accordance with section (2) of this Rule.

(2) The certified statement must: shall

(a) if mailed, be printed on 8 1/2'' x 11'' paper.;

(b) The first page of the statement shall contain the name, address, and telephone phone number of the insurer;, and

(c) contain, on the first page, the name and title of the person who certified the statement; The statement shall further list 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. The statement shall then

(d) be certified by the person who prepared and reviewed the statement’s accuracy of the statement;

(e) be notarized; and

(f) either be sent by:

1. email to [e-mail]; or

2. 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.

(3) (2) Build-up funds collected by an insurer or a managing general agent must shall not exceed 40 percent of the premium for each bond written. The exact amount must shall be designated in the agent’s or agency’s contract agreement with the insurer. References to “points” or “pts” in such an agreement are the equivalent to increments of ten percent (10%). Therefore 1 pt = 10%; 2 pts = 20%; 3 pts = 30%; and 4 pts = 40% of the premium.

Rulemaking Authority 624.308, 648.26 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; Approval; Proof.

Rulemaking Authority 648.26 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, Repealed      .

 

69B-221.095 Soliciting Business.

(1) No licensee may person shall directly or indirectly solicit business:

(a) in or on the property or grounds of a jail, prison, or other place where prisoners are confined, and or

(b) in or on the property or grounds of a court or any building housing courtrooms, which includes any parking lot, parking space, entryway, walkway, or street in or on such property or grounds.

(2) As used in For the purposes of this rule, “solicit”:

(a) includes but is not limited to shall include:

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

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

3. (c) Parking or operating 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, unless requested by the principal or indemnitor, or other print advertising; and 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.

5. Loitering.

(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).

(b) does not include:

1. advertising on or in the internet, television, newspaper, magazine, telephone book, or other similar publication; and

2. wearing a Department issued or approved identification which includes citation of the licensee’s arrest powers.

(3) Any bail bond agent who makes a telephone sales call must comply with the requirements of Sections 501.059(2) and (4), 501.613, and 501.616(6), F.S. 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 648.26(1)(a) FS. Law Implemented 648.44 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 of Contract; Surrender Form.

(1) Except as provided in section (2) of this Rule, the following The terms and conditions must be included in of all contracts entered into between a principal and a surety for a bail bond. The terms and conditions 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, 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.

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.

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

It is understood and agreed that the happening of any one of the following events constitutes shall constitute a breach of the principal’s obligations to Surety Company hereunder, and Surety Company will shall have the right to forthwith apprehend, arrest, and surrender the principal to the proper officials at any time as provided by law, and the principal shall have no right to any refund of premium whatsoever. Any of the following Said events which shall constitutes a breach of the principal’s obligations hereunder are:

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

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

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

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

[phone] (in-state)

[phone] (all areas)

Signed, sealed and delivered this   day of   , 20.

 

Signature of Applicant

 

Mailing address

(2) Surety companies may continue to issue and agents may use all current inventory of printed contracts for a period of 24 months after this amended rule is promulgated.

(3)(2) Any bail bond agent who surrenders or recommits a defendant prior to a forfeiture must shall execute Form form DFS-H2-1542, (07/02) titled “Statement of Surrender Form”, which is adopted and herein incorporated by reference in Rule 69B-221.155, F.A.C. The licensee must shall provide a copy of the completed Statement of Surrender Form to the defendant, and maintain a copy in the defendant’s file of the defendant. This form is available from the Department’s websitewww.myfloridacfo.com/Division/Agents.

Rulemaking Authority 648.26 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, bail bond agency, temporary bail bond agent, or managing general agent engaged in the bail bond business may 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 nothing in this section shall prohibit

(a) Nothing in this rule prohibits collateral security or co-indemnity agreements. , and provided further that in instances

(b) Where where an additional surety, bail bond agent, or managing general agent is located in a county different from the originating agent or bail bond agent who executes the bond, the premium may additionally include: as a part thereof

1. an execution and transfer fee, not to exceed a total of one hundred ($100.00) dollars,

2. a travel fee of fifty ($50) dollars for each county travelled through,

3. a managing general agent or surety company fee not to exceed one hundred ($100) dollars for each any one defendant.

4. If more than (3) bonds must be executed for a defendant, an additional ten ($10) dollars may be charged for each bond beyond the third.

(c) If a bail bond agent assumes the liability on an out-of-state bond, the transfer fee collected 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 or agency may 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 (4), and costs necessary to apprehend the principal in the event the principal attempts to flee the jurisdiction of the courts.

(3) The following fees are prohibited: Prohibited fees include, but are not limited to,

(a) any costs regarding arrest, transportation, and surrender within the specified jurisdiction of the court,

(b) charges for storage, maintenance, or return of collateral, including releases of liens or satisfactions of mortgages,

(c) charges for researching case dispositions or obtaining bond discharges or any charge for other services ordinarily performed by a bail bond agent or agency bondsman or its their employees in the regular course of business, and

(d) any other expenses not documented by check or receipt.

(4) Allowable fees include:

(a) Attorney’s fees and court costs associated with filing of motions;

(b) Documented transportation and lodging expenses outside the jurisdiction of the court;

(c) Law enforcement costs for housing, re-arrest, transportation, and extradition; and,

(d) A maximum fee of $100 for a surrender allowed by law when there has been no forfeiture of the bond.

(5) No change.

Rulemaking Authority 624.308, 648.26 FS. Law Implemented 648.33, 648.44(1)(j), 648.45, 648.52 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 must 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 is 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 ; provided that the defendant shall not be entitled to a return of the premium where the defendant violates the terms and conditions of the contract with the surety as provided in 69B-221.100, F.A.C.

Rulemaking Authority 624.308, 648.26 FS. Law Implemented 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 may 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 motor vehicle or used motor vehicle, as defined in Section 319.001, F.S.

Rulemaking Authority 624.308, 648.26 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 available as stated below or from the Division’s website at https://www.myfloridacfo.com/Division/Agents/Licensing/Forms http://www.MyFloridaCFO.com/Division/Agents/Licensure/Forms:

(1) Form DFS-H2-1500, Limited Surety Agent, Professional Bail Bond Agent, Sworn Statement, effective MM/YY (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, (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.

(2) Form DFS-H2-1541, Designation or Deletion of Bail Bond Agent in Charge, effective MM/YY, which a copy is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-_____.

(3) Form DFS-H2-1542, Statement of Surrender Form, effective MM/YY.

(4)(3) Form DFS-H2-1544, Appointing Form, effective MM/YY (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.

(5)(4) Form DFS-H2-1544 TERM Term, Appointment Termination Form, effective MM/YY (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.

(6) Form DFS-H2-1564, Notice of Change of Information, effective MM/YY, which a copy is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-_____.

(7)(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, effective MM/YY (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) FormDFS-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,     .

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 28, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 3, 2023