Florida Department Of Financial Services Rule Hearing Report: Penalty Guidelines For Bail Bond Agents

A scheduled Florida Department of Financial Services (“DFS”), Division of Agent and Agency Services hearing on proposed Rule 69B-241: Penalty Guidelines for Bail Bond Agents was held on Tuesday, August 11, 2009.

The proposed Rule would establish clear standards for penalties imposed upon bail bond agents subject to the provisions of Chapter 648, F.S. and Rule Chapter 69B-221, F.A.C.  It also would provide guidelines for a consistent approach to penalties for both legal and regulatory violations.

The Rule hearing lasted 30 minutes and was attended by 16 people.  Four individuals spoke and made the following comments and suggestions:

• The fees provided by the proposed Rule should be consistent. As it is currently written, fees are less for violations based on dishonesty or character issues. The penalties and fees should be more for intentional violations, as opposed to technical “paperwork” violations.
• The suspension provisions throughout the Rule are unclear as to who would be suspended.
• Technical violations or unintentional incidents could permanently close down a business.
• If something is accidentally omitted from an application, it could lead to multiple violations.
• DFS should provide for some discretion in regard to penalties for these violations, instead of an absolute, unquestionable policy.
• Convincing a defendant to voluntarily complete paperwork is nearly impossible at times.

DFS officials stated that they will take all of these suggestions under consideration and then re-issue the proposed Rule for another hearing to be scheduled at a later date.  Meanwhile, the record will be left open for 10 days, should anyone wish to submit written suggestions.

To view the Notice for this hearing, click here.

Should you have any questions or comments, please contact Colodny Fass

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