Florida Division of Agent and Agency Services Schedules September 7, 2011 Hearing for Proposed Rule on Activities Permitted Under Bail Bond Agent Temporary License Suspensions
Aug 5, 2011
The Florida Department of Financial Services (“DFS”) Division of Agent and Agency Services has scheduled a September 7, 2011 hearing on Proposed Rule 69B-221.010, entitled “Temporary Orders of Suspension of Bail Bond Agents.”
Under Section 648.45, Florida Statutes, the DFS can temporarily suspend the licenses of bail bond agents who have been charged with committing a felony. However, while under a temporary suspension, bail bond agents may discharge liability on bonds effected prior to the suspension.
The proposed Rule would provide specific guidelines on activities that a bail bond agent with a temporary license suspension may perform and which actions would constitute unlicensed activity.
If requested in writing within 21 days of the August, 12, 2011 publication of the Notice of Proposed Rulemaking (“Notice”), a hearing for proposed Rule 69B-221.010 will be scheduled for 10:30 a.m.
The Notice is reprinted below.
Should you have any questions or comments please contact Colodny Fass.
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF AGENT & AGENCY SERVICES
NOTICE OF PROPOSED RULEMAKING
69B-221.010, F.A.C. Temporary Orders of Suspension of Bail Bond Agents
PURPOSE AND EFFECT: Section 648.45, Florida Statutes, allows a bail bond agent under a temporary order of suspension to discharge liability on bonds effected before the order is issued. The statute is not specific as to what activities a bail bond agent may perform under a suspended license.
The proposed rule identifies specific activities a bail bond agent whose license is suspended may perform with regard to discharging liability on previously effected bonds.
SUMMARY: The proposed rule provides guidelines that distinguish between the specific activities that a bail bond agent, whose license is under a temporary order of suspension, may perform while discharging liability on previously effected bonds, and those actions that shall constitute unlicensed activity.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A statement of estimated regulatory costs has been prepared and is available by contacting Richard Brinkley, Government Analyst II, as provided below. The agency has determined that small businesses will not be impacted by this rule.
Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to 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(1), F.S.
LAW IMPLEMENTED: 624.307(1), 648.45(1), F.S.
IF REQUESTED IN WRITING WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE, AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, September 7, 2011 @ 10:30 A.M.
PLACE: 142 Larson Building, 200 East Gaines Street, Tallahassee, Florida.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Brinkley, Government Analyst II, Bureau of Investigation, Division of Insurance Agent & Agency Services, Department of Financial Services, 200 East Gaines Street, Tallahassee, FL 32399-0319; 850-413-5654.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this program, please advise the Department at least 5 calendar days before the program by contacting the person listed above.
THE FULL TEXT OF THE PROPOSED RULE IS:
69B-221.010, F.A.C. TEMPORARY ORDERS OF SUSPENSION OF BAIL BOND AGENTS
(1) Since a Bail Bond Agent under a temporary order of suspension may discharge liability on a bond pursuant to Section 648.45, Florida Statutes, the following activities are allowed as discharging the liability on a bond pursuant to Section 648.45(1), Florida Statutes, but are allowed only with regard to bonds written and posted prior to the date of the order of suspension.
(a) Contacting defendants to remind them of court dates.
(b) Attending court proceedings at which a defendant is scheduled to appear.
(c) Contacting the Court or Clerk of Courts to verify the defendant’s attendance at any required proceeding.
(d) Contacting the Court or Clerk of Courts to verify the status of a bail bond or the status of a defendant’s case with the court.
(e) Returning collateral on bonds that the court has discharged.
(f) Locating, apprehending, or surrendering to the custody of the jail, pursuant to all applicable laws, a defendant on a bail bond effected by the suspended bail bond agent.
(g) Collecting premiums under a payment plan on a bail bond effected and posted prior to the order of suspension.
(h) Possessing bail bond files to maintain current addresses, phone numbers, and other contact information for defendants.
(i) Converting collateral to cash to pay forfeiture on a bail bond.
(j) Undertaking legal action to vacate or set aside forfeitures on bail bonds.
(2) Activities considered to be acting as bail bond agent without a license due to the suspension, notwithstanding the provisions of Section 648.45(1), Florida Statutes, include the following:
(a) Performing any duty or activity listed in paragraph 1, above, on any bail bond not effected by the suspended agent, or for any person not named as the principal or indemnitor on a bail bond written by the suspended agent.
(b) Effecting any new bail bond business, or completing any forms required as part of the bail bond application process.
(c) Soliciting or facilitating any bail bond business.
(d) Negotiating or accepting the premium payment on any new bail bond.
(e) Posting a bail bond.
(f) Receiving any remuneration from a bail bond agent or agency for performing any clerical, secretarial, custodial, or other duties.
(g) Receiving any remuneration from a bail bond agent or agency relating to any bail bond not legally effected by the suspended agent.
(h) Assisting in any manner in the apprehension of a defendant who failed to appear on a bail bond of another agent.
(i) Supervising the activities of a temporary bail bond agent.
(j) Acting as the primary bail bond agent for a bail bond agency.
(k) Surrendering a defendant to the custody of the jail or the court for any bonds effected after the date of suspension.
(3) A suspended bail bond agent is required to maintain his or her continuing education credits in order for his or her license to be reinstated in the future. The agent is also required to forward the insurer’s share of any premiums collected, along with any build-up fund deposits mandated by the agent’s contract with the insurer.
(4) Nothing herein should be read to contradict or conflict with any statutory provision or rule otherwise regulating the bail bond business in Florida.
Rulemaking Authority 624.308, 648.26(1) FS. Law Implemented 624.307(1), 648.45(1), FS. History-New.
NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Brinkley, Government Analyst II, Bureau of Investigation, Division of Insurance Agent & Agency Services, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 7-19-2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: 4-23-2010
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