Florida Rules on Insurance Agent Criminal Proceeedings, Temporary Bail Bond Agent Monthly Employment Reports Effective November 6
Oct 22, 2013
The Florida Department of Financial Services’ Division of Agent and Agency Services advised today, October 22, 2013, that Rules 69B-231.150 and 69B-221.051, pertaining to administrative actions against licensees and temporary bail bond agent monthly-filed employment reports, respectively, will become effective November 6.
To view the final text of each Rule, click on a hyperlink below:
Should you have any questions or comments, please contact Colodny Fass& Webb.
69B-231.150 Criminal Proceedings.
(1) While licensed by the Department, if a licensee is convicted of, or been found guilty of or has pled guilty or nolo contendere (no contest) to, a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States of America or of any state thereof or under the law of any other country, regardless of adjudication, the penalty shall be revocation of all licenses and appointments held by the licensee. The terms of revocation and the conditions for reapplying are contained in subsection 626.641(2) and Section 626.207, F.S.
(2)(a) In accordance with Section 626.207, F.S., any licensee, while licensed by the Department, that is convicted of, has pled guilty or nolo contendere (no contest) to, or was found guilty of, a first degree felony, a capital felony, a felony involving money laundering, fraud or embezzlement, or a felony directly related to the financial services business, regardless of adjudication, is permanently barred from applying for reinstatement of any revoked or suspended license and from applying for any license under the Florida Insurance Code.
(b) While licensed by the Department, any licensee that is convicted of, has pled guilty or nolo contendere (no contest) to, or was found guilty of, a felony involving moral turpitude, and such felony is not specifically included in paragraph (2)(a) of this rule or subsection 626.207(3), F.S., regardless of adjudication, is prohibited from applying for reinstatement of any revoked or suspended license and from applying for any license under the Florida Insurance Code in accordance with Section 626.207, F.S., for a period of 15-years (subject to modification pursuant to Rule 69B-211.042, F.A.C.) beginning in accordance with Section 626.207, F.S., from that person’s final release from supervision or upon completion of that person’s criminal sentence, including payment of fines, restitution, and court costs.
(c) While licensed by the Department, any licensee that is convicted of, has pled guilty or nolo contendere (no contest) to, or was found guilty of, a felony not involving moral turpitude, regardless of adjudication, is prohibited from applying for reinstatement of a revoked or suspended license and from applying for any license under the Florida Insurance Code for a period of 7-years, in accordance with Section 626.207, F.S., beginning from that person’s final release from supervision or upon completion of that person’s criminal sentence, including payment of fines, restitution, and court costs for such crime.
(3) For purposes of this rule, the definitions of the terms “financial services business,” “felony of the first degree” and “capital felony” contained in Section 626.207, F.S., apply.
(4) For purposes of this rule, in the event that a conviction or plea is based on the law of a country other than the United States, the Department shall consider the following factors to determine if the crime is the equivalent of a felony crime under Section 626.611 and/or 626.621, F.S.:
(a) Whether the crime would be a felony under the laws of the United States or any state within the United States; and
(b) The degree of penalty associated with the same or similar crimes in the United States.
Rulemaking Authority 624.308, 626.207(8) FS. Law Implemented 624.307(1), 624.308, 626.207, 626.611, 626.621, 626.631, 626.631(1), 626.641 FS. History-New 7-13-93, Amended 9-23-02, Formerly 4-231.150, Amended 8-15-06, 11-6-13.
69B-221.051 Actively Engaged in Business; Place Suitably Designated; Accessible to Public.
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.
(1) Each bail bond agency, and each branch office, shall be in the active full-time charge of a licensed and appointed primary bail bond agent as required by Section 648.387, F.S., and shall be designated on form DFS-H2-1541, (Revised: 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.
(2) Each bail bond agency and each branch office shall have an entrance easily accessible to the public and used by the bail bond agent in the regular course of their business dealings with the public. As used in this rule, “accessible to the public means the entrance shall be suitably designated by a sign or other display, readable from a reasonable distance, which provides at a minimum the agency name. Additionally, if a bail bond agency is located in a building which maintains a uniform office directory on its premises, the directory shall provide at a minimum the current name of that bail bond agency.
(3) As used in this rule, the term “reasonable business hours” means at least eight hours daily between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except for legal holidays.
(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, (Revised: 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 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.
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