License Required, Actively Engaged in Business; Place Suitably Designated; Accessible to Public, Permanent Office Records Required, Notice of Change of Address, Soliciting Business, Forms for Limited ....  

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    DEPARTMENT OF FINANCIAL SERVICES

    Division of Insurance Agent and Agency Services

    RULE NOS.:RULE TITLES:

    69B-221.001License Required

    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-221.095Soliciting Business

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

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 50 No. 46, March 6, 2024 issue of the Florida Administrative Register.

    69B-221.001 License Required.

    (1) through (2) No Change.

    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-221.051 Bail Bond Offices.

    (1) No Change.

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

    (a) The owner or operator 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 or operator 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.

    (3) through (4) No change.

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

    (a) through (e) No change.

    Rulemaking Authority 648.26, 648.355 FS. Law Implemented 648.34, 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.

    (1) Each bail bond agency, as a minimum requirement for permanent office records, must maintain a : A daily bond register or an electronic document, which must be the original and permanent record of all bonds or undertakings executed by the bail bond agents in the agency and must include:

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

    (b) through (k) No change.

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

    (a) through (h) No change.

    (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 648.36 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 Information Address

    (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 working 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) through (c) No change.

    (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 working 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) through (c) No change.

    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-221.095 Soliciting Business.

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

    (a) through (b) No change.

    (2) through (3) No change.

    Rulemaking Authority 648.26 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-221.155 Forms.

    (1) through (6) No change.

    (7) Form DFS-H2-2083, Individual Application for Temporary Permit to Operate a Bail Bond Agency, effective MM/YY, 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.

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