reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-213 - CUSTOMER REPRESENTATIVES › Section 69B-213.050 - Limits on Lines and Products the Customer Representative May Handle

Current through Reg. 50, No. 138; July 16, 2024
(1) A customer representative may only
				perform customer representative duties as to the specific general lines
				insurance products which their supervising agent is actually then appointed by
				an insurer to handle, or which their supervising agent is authorized to handle
				under exchange of business laws or Joint Underwriting Associations or Workers'
				Compensation Insurance Plan rules and contracts. Where the customer
				representative is employed in an agency with two or more agents, the customer
				representative may perform customer representative duties for agents other than
				the supervising agent regarding any general lines insurance product for which
				such agent is actually then appointed by an insurer to handle, or which such
				agent is authorized to handle under exchange of business laws or joint
				underwriting associations or Workers' Compensation Insurance Plan rules and
				contracts; provided, however, the supervising agent shall remain accountable
				and responsible for the acts of the customer representative.
(2) A customer representative license does
				not grant the customer representative any authority to transact life insurance
				or annuities. A customer representative may only handle duties relating to life
				insurance and annuities if such duties may be performed by unlicensed persons,
				as provided in rule Chapter 69B-222, F.A.C., and the Florida Insurance Code, or
				if the customer representative also holds a life agent license and appointment.
				This applies even though the supervising agent holds a life agent license in
				addition to a general lines license.
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.7351,
					 626.7352,
					 626.7353,
					 626.7354
					 FS.
New 12-19-93, Formerly 4-213.050, Amended
					 7-30-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-213 - CUSTOMER REPRESENTATIVES › Section 69B-213.060 - Appointment of Customer Representative and Designation of Supervising Agent

Current through Reg. 50, No. 138; July 16, 2024
(1) Appointments of customer representatives
				are made pursuant to Section
				 626.451, F.S.
(2) No customer representative may perform
				customer representative duties until an appointment is in effect.
(3) No appointment of a customer
				representative is effective until a properly executed electronic appointment,
				accompanied by payment of the appointment fee, is actually received by the
				Department.
(4) A designated
				supervising agent is designated by completing Form DFS-H2-1124, "Designation of
				Supervising Agent for Customer Representatives and Limited Customer
				Representatives," rev. 5/12, which is hereby incorporated by reference, and is
				obtainable from the Bureau of Agent & Agency Licensing at
http:MyFloridaCFO.com/Agents/Licensure/Forms/index.htm
.
				Form DFS-H2-1124 must be mailed to Florida Department of Financial Services,
				Bureau of Licensing, 200 East Gaines Street, Tallahassee, FL 32399-0319, or
				faxed to (850)413-3291. A copy is to be maintained in the appointing agent or
				agency's records. The copy must be produced upon the request of the Department.
http://www.flrules.org/Gateway/reference.asp?No=Ref-01333
.
(a) If appointment is by an agency, the agent
				in charge, as specified in Section
				 626.747, F.S., shall ensure
				completion of Form DFS-H2-1124.
(b)
				The designated supervising agent must always be a licensed and appointed
				general lines agent.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-213 - CUSTOMER REPRESENTATIVES › Section 69B-213.070 - Termination of Appointment or Supervision

Current through Reg. 50, No. 138; July 16, 2024
(1) The appointment of a customer
				representative shall be terminated in accordance with Section
				 626.471, F.S., and the statutes
				cited therein.
(2) No person shall
				be, act as, or advertise or hold him or herself out to be a customer
				representative, unless currently licensed and appointed.
(3) The appointing agent or agency, and the
				designated supervising agent remains accountable and responsible for the acts
				of the customer representative until such time as the Department receives
				proper notice of termination of the appointment or notice of termination of
				supervision, as the case may be, and this notwithstanding that the customer
				representative was expressly told by the supervising agent or agency to cease
				all customer representative duties. Until such time as proper notice is
				received by the Department, the public, calling the Department for verification
				of the customer representative's licensure and appointment will be told that
				the customer representative is licensed and is authorized to represent that
				agent or agency. Failure to abide by the provisions of this subsection do not
				invalidate the authority of the customer representative to bind the agent or
				the agency to insurance contracts.
(4) Method for Notifying Department of
				Termination of Customer Representative Appointment.
(a) Oral notice of appointment termination is
				never effective and shall not be accepted by the Department. The termination of
				appointments of customer representatives by agents and agencies shall be
				executed electronically, or by a written notice directed to the Department's
				Bureau of Agent & Agency Licensing. Regardless of which method is used, a
				copy of the termination document shall be supplied to the customer
				representative at the same time it is supplied to the Department.
(b) When an appointment is terminated by the
				customer representative, the customer representative must provide written
				notice to the Department. The notice shall:
1.
				Be signed and dated by the supervising agent, the appointing agent where the
				appointment was by an agent, or by the customer representative;
2. State the effective date of termination of
				appointment;
3. Give the full name,
				address, phone number, and license or registration identification number of the
				appointing agent or agency;
4.
				Contain a statement to the clear effect that as of the effective date of the
				notice that the appointment of the customer representative identified is
				terminated;
5. State the full name,
				license identification number of the customer representative;
6. State the reason for the termination of
				appointment;
7. Be sent to the
				Department of Financial Services, Bureau of Agent & Agency Licensing, 200
				East Gaines St., Tallahassee, FL 32399-0319.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-213 - CUSTOMER REPRESENTATIVES › Section 69B-213.080 - Duties of Appointing Agent

Current through Reg. 50, No. 138; July 16, 2024
An agent who appoints a customer representative incurs the
				  following obligations, in addition to those otherwise set out in this rule
				  chapter:
(1) In instances where the
				appointing agent and designated supervising agent are the same person, the
				appointing agent must supervise the customer representative as described in
				subsection  69B-213.020(3),
				F.A.C. The supervisory role may not be delegated to anyone unless delegation is
				to a licensed and appointed agent who has been designated as the supervising
				agent pursuant to subsection
				 69B-213.060(4),
				F.A.C. Supervisory duties, unless delegated to a designated supervising agent,
				remain with the appointing agent even when the customer representative is
				performing customer representative services for other agents or staff within
				the agency.
(2) The agent must,
				pursuant to subsection
				 69B-213.120(4),
				F.A.C., take reasonable steps to assure that the customer representative does
				not exceed the allowable scope of the customer representative's licensure,
				duties and authority.
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.734,
					 626.7351,
					 626.7352,
					 626.7353,
					 626.7354
					 FS.
New 12-19-93, Formerly 4-213.080, Amended
					 7-30-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-213 - CUSTOMER REPRESENTATIVES › Section 69B-213.090 - Duties of Appointing Agency

Current through Reg. 50, No. 138; July 16, 2024
(1) Agency
				Appointment of Customer Representative, In General.
(a) It is the agency that is the employer of
				the customer representative in terms of payroll. In such situations the agency
				needs the procedural ability when the designated supervising agent quits or is
				terminated, to identify and designate in the agency records another general
				lines agent who assumes the responsibility to undertake the supervision of the
				customer representative, without the parties involved having to make an
				entirely new appointment of the customer representative.
(b) The appointment of a customer
				representative by an agency does not allow or grant a greater independence or
				autonomy to the customer representative, or expand the scope of the customer
				representative's role, as compared to customer representatives appointed
				directly by an agent. The customer representative is an assistant to a
				designated supervising agent. An agency cannot transact insurance in the sense
				of binding coverages, advising clients or applicants, or similar activity; only
				a licensed agent can perform those tasks, or licensed customer representatives
				working under the supervision of the licensed and appointed
				agent.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-213 - CUSTOMER REPRESENTATIVES › Section 69B-213.100 - Duties of Designated Supervising Agent

Current through Reg. 50, No. 138; July 16, 2024
(1) The designated supervising agent is
				jointly and severally accountable and responsible with the agency to the
				Department, for the acts and representations of the customer
				representative.
(2) An agent who is
				designated to supervise a customer representative thereby incurs the following
				obligations, in addition to those otherwise set out in this rule:
(a) The agent must supervise the customer
				representative, as described in this rule. This duty shall not be delegated.
				This duty remains on the designated supervising agent even when the customer
				representative is performing customer representative services for other agents
				within the agency.
(b) The agent
				must assure that the customer representative does not exceed the allowable
				scope of the customer representative's licensure, duties and
				authority.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-213 - CUSTOMER REPRESENTATIVES › Section 69B-213.110 - Customer Representative's Duties

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				customer representative shall comply with the lawful instructions and
				directions of the supervising agent as well as all applicable provisions of the
				Florida Insurance Code, and rules and orders of the Department.
(2) A customer representative has a duty to
				ensure that their appointment and supervision is in compliance with this rule
				chapter, with other rules of the Department, and with the Insurance
				Code.
(3) The customer
				representative shall exercise great care in not going beyond the licensure,
				training, expertise and experience of the customer representative. In the event
				of uncertainty as to whether the customer representative is competent to advise
				or perform regarding any insurance matter, the uncertainty shall be resolved in
				favor of referring the matter to the supervising agent.
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.7351,
					 626.7352,
					 626.7353,
					 626.7354,
					 626.747
					 FS.
New 12-19-93, Formerly
					 4-213.110.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-213 - CUSTOMER REPRESENTATIVES › Section 69B-213.120 - Duty to Supervise Explained

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				supervising agent shall supervise the customer representative concerning work
				performed within the scope of the customer representative licensure. This duty
				shall not be delegated. The supervision system need not be reduced to writing,
				but the supervising agent shall be able upon request to explain to the
				Department the supervisory system.
(2) Throughout the supervisory relationship
				the supervising agent shall comply with the following parameters:
(a) The supervising agent should interact in
				person with the customer representative daily. Occasional periods during which
				the agent is sick or on vacation, or conducting insurance business out of the
				office, will be considered regarding the enforcement of this
				provision.
(b) The supervising
				agent should periodically review samples of all areas of the customer
				representative's work, in such amounts and with such frequency as to provide
				reasonable assurance that repetitive errors in the customer representative's
				work will be noted and corrected by the supervising agent at an early
				stage.
(c) Where the customer
				representative provides sales presentation, advice, or interpretation to
				clients or prospective clients by phone or in person, the supervising agent
				should periodically sit or listen in on such conversations with the customer
				representative's knowledge, to assure that competent and sound advice and
				information is being provided by the customer
				representative.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-213 - CUSTOMER REPRESENTATIVES › Section 69B-213.130 - The Customer Representative's Authority; Limitations

Current through Reg. 50, No. 138; July 16, 2024
(1) A duly licensed and appointed customer
				representative may, subject to specific limits set forth in this rule chapter,
				perform the following functions:
(a) Take
				insurance applications.
(b) Give
				quotes.
(c) Interpret
				policies.
(d) Explain
				procedures.
(e) Give insurance
				advice.
(f) Solicit new customers
				at the agent's office or by telephone from that office.
(g) Bind new or additional
				coverages.
(h) A customer
				representative may perform preliminary work to assist in processing a claim, as
				by taking claims statements, getting estimates, advising claimants as to
				procedures, preparing claims paperwork, taking photos, and assembling or
				ordering claims files. However, a customer representative cannot make or sign
				the actual substantive determination of the amount of a claim, loss, or damage
				payable, nor conduct settlement negotiations, make settlement of a claim, or
				issue or sign claims checks or drafts.
(i) Any other function consistent with
				assisting agents in the transaction of property and casualty insurance and
				which is not otherwise prohibited by law or rule of the
				Department.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-215 - AGENTS › Section 69B-215.050 - Receipt of Risks

Current through Reg. 50, No. 138; July 16, 2024
For purposes of an insurer reporting to the Department agents
				  from whom the insurer received more than four (4) risks per calendar year as
				  set forth under Sections
				   626.752,
				   626.793, and
				   626.837, F.S., the term
				  "received" shall mean the binding of coverage and receipt of payment for such
				  coverage by the insurer to whom the business is submitted by the brokering
				  agent of more than four (4) personal lines risks during a calendar
				  year.
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.752,
					 626.793,
					 626.837
					 FS.
New 10-12-93, Formerly 4-215.050, Amended
					 6-9-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-215 - AGENTS › Section 69B-215.060 - Required Disclosure on Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.342,
					 626.752,
					 627.4085
					 FS.
New 10-12-93, Formerly 4-215.060, Repealed
					 1-4-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-215 - AGENTS › Section 69B-215.070 - Exchange of Business: Property and Casualty Insurance

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. This rule regulates the acts and
				practices of insurers and agents specifically with respect to exchange of
				business under Section
				 626.752, F.S.
(2) Required Disclosure on Forms. All
				business submitted under Section
				 626.752, F.S., must be submitted
				on forms which prominently display the name of the insurer. All forms must
				prominently display the insurer's name at the time the forms are furnished to
				the agent by the insurer or on the insurer's behalf by the managing general
				agent (MGA). No business may be submitted on forms which did not prominently
				display the name of the insurer at the time the forms were furnished to the
				agent. The term "forms," for purposes of this subsection, includes coverage
				documents, binders, and applications. This restriction shall not apply to the
				placing of surplus lines business.
(3) Brokering Agent. If an insurer intends to
				do business with a resident general lines agent not appointed by the insurer,
				the insurer must furnish the agent with its forms, coverage documents, binders,
				applications and other incidental supplies subject to these rules necessary to
				facilitate the writing of exchange of business as defined in Section
				 626.752, F.S.
(4) Writing Business Outside of Appointment.
				Under Section  626.752, F.S., an agent is
				permitted to transact insurance for companies the agent is not appointed to
				represent. However, the Department will discipline an agent under Section
				626.752(3)(g)3., F.S., among other provisions, if the agent fails to furnish
				the applicant or insured with completed legible copies of all documents signed
				by the applicant or the agent prior to the applicant paying any part of the
				premium.
(5) Entries In Brokering
				Agent's Register. The Department interprets Section
				 626.752(3)(e),
				F.S., regarding entries into the Brokering Agent's Register, to require the
				brokering agent to make sequential entries as each application is
				taken.
(6) Bank Accounts for
				Non-Appointing Insurers.
(a) Regarding Section
				 626.561, F.S., and the exchange
				of business, the following conditions shall be met:
1. At least one bank account shall be
				established by the agent which shall hold all the funds received on behalf of
				insurers with whom the agent is not appointed. Said account or accounts shall
				not hold any other funds. Examples of "any other funds" include:
a. Funds received on behalf of an insurer
				with whom the agent is appointed;
b. Business operating expenses; or
c. Any other funds that are not trust funds
				of the insurer or the insured.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-215 - AGENTS › Section 69B-215.080 - Immigration Bonds

Current through Reg. 50, No. 138; July 16, 2024
A general lines agent license is required in order to
				  transact surety bond business, including immigration bonds, in the State of
				  Florida. A general lines agent license does not qualify the licensee to
				  transact bail bond business. The general lines agent licensee must also be
				  properly appointed by the surety as required by sections
				   626.112 and
				   626.331, F.S.
Rulemaking Authority
					 624.308(1),
					 648.26(1) FS.
					 Law Implemented 624.307,
					 626.015(7),
					 626.112,
					 626.311,
					 626.331,
					 626.611(1)(m),
					 626.621(2),
					 626.7315(7),
					 648.24,
					 648.30
					 FS.
New 7-5-10.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-215 - AGENTS › Section 69B-215.210 - Scope

Current through Reg. 50, No. 138; July 16, 2024
The Business of Life Insurance is hereby declared to be a
				  public trust in which service all agents of all companies have a common
				  obligation to work together in serving the best interests of the insuring
				  public, by understanding and observing the laws governing Life Insurance in
				  letter and in spirit by presenting accurately and completely every fact
				  essential to a client's decision, and by being fair in all relations with
				  colleagues and competitors always placing the policyholder's interests
				  first.
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.797
					 FS.
New 12-24-74, Formerly 4-9.01, 4-9.001,
					 4-215.210.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-215 - AGENTS › Section 69B-215.215 - Twisting (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.797,
					 626.9541(1)(l)
					 FS.
Repromulgated 12-24-74, Formerly 4-9.02, 4-9.002,
					 4-215.215, Repealed 1-4-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-215 - AGENTS › Section 69B-215.220 - Rebating (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.797,
					 626.9541(1)(h)
					 FS.
Repromulgated 12-24-74, Formerly 4-9.03, 4-9.003,
					 4-215.220, Repealed 1-4-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-215 - AGENTS › Section 69B-215.225 - Defamation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.797,
					 626.9541(1)(c)
					 FS.
Repromulgated 12-24-74, Formerly 4-9.04, 4-9.004,
					 4-215.225, Repealed 1-4-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-215 - AGENTS › Section 69B-215.230 - Misrepresentations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308 FS. Law Implemented
					 624.307(1),
					 626.797,
					 626.9541(1)(a),
					 (b)
					 FS.
Repromulgated 12-24-74, Formerly 4-9.05, 4-9.005,
					 4-215.230, Repealed 1-4-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-215 - AGENTS › Section 69B-215.235 - Use of Designations

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose
				of this rule is to set forth standards to protect consumers from dishonest,
				deceptive, misleading, and fraudulent trade practices with respect to the use
				of certifications and professional designations in the marketing, solicitation,
				negotiation, sale or advice made in connection with an insurance transaction by
				any licensee.
(2) The department
				does NOT endorse any professional designation.
(3) For purposes of this rule:
(a) A designation is any combination of
				words, any acronym standing for a combination of words or any job title that
				indicates or implies that a licensee has special knowledge or training in
				advising or servicing consumers beyond the knowledge or training required for
				the license held.
(b) A
				certification is any designation that indicates, implies or recognizes that an
				individual or organization meets certain established criteria beyond the
				criteria required for the license held.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-220 - ADJUSTERS › Section 69B-220.001 - Licensure of Emergency Adjusters

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Definitions. For purposes of this rule, the following definitions shall apply:
(a) "Department" means the Department of
				Financial Services.
(b) "Licensed
				adjuster" means those persons currently licensed in good standing by the
				Department as a company employee adjuster or independent adjuster, whether the
				licensure is permanent resident licensure, permanent nonresident licensure or
				emergency licensure pursuant to this rule, and whether limited licensure or all
				lines licensure. The term does not include persons licensed as public adjusters
				or public adjuster apprentices by the Department or persons licensed as any
				type of adjuster or public adjuster by states other than the State of
				Florida.
(c) "Emergency" and
				"Catastrophe." These two terms as used in Section
				 626.874, F.S., are synonymous,
				and no separate treatment is afforded catastrophe over emergency
				adjusters.
(d) "Emergency adjuster"
				means a person who is not a licensed adjuster with the Department but who has
				been designated and certified to the Department by a Florida authorized
				insurer, eligible surplus lines insurer, or licensed independent adjusting firm
				as qualified to adjust claims, losses, or damages under policies or contracts
				of insurance issued by such insurer in the event of a catastrophe or
				emergency.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-220 - ADJUSTERS › Section 69B-220.051 - Conduct of Public Adjusters

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Purpose and Scope. This rule sets forth Department policy as to certain matters
				generally affecting public adjusters and public adjuster apprentices. Emergency
				adjuster license procedures are contained in Rule
				 69B-220.001, F.A.C. Ethical
				requirements for all types of adjusters are contained in Rule
				 69B-220.201, F.A.C.
(2) Definitions.
(a) "Compensation" or "remuneration" means
				anything of value, whether received directly or indirectly, in payment for
				adjusting services performed.
(b)
				"Department" means the Florida Department of Financial Services.
(c) "Public adjuster" means those persons
				currently licensed and appointed in good standing by the Department as a public
				adjuster. The phrase does not include persons licensed as public adjusters by
				other states but not by the State of Florida.
(d) "Public adjuster apprentice" means those
				persons currently licensed and appointed in good standing by the Department as
				a public adjuster apprentice.
(e)
				"Unlicensed persons," means those persons who are not currently licensed by the
				Department as a public adjuster or public adjuster apprentice.
(f) "Person" includes natural persons and
				legal entities.
(g) "Adjusting
				services" means the preparation, completion or filing of an insurance claim
				with the respective insurer for compensation or remuneration on behalf of an
				insured or third party claimant.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-220 - ADJUSTERS › Section 69B-220.201 - Ethical Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Definitions.
(a) "Adjuster," when used without
				further specification, includes all types and classes of insurance adjusters,
				(company employee, independent, and public), subject to Chapter 626, F.S.,
				regardless of whether permanent, temporary, apprentice, or emergency
				licensees.
(b) "Department" means
				the Florida Department of Financial Services.
(c) "Person" includes natural persons and
				legal entities.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.001 - License Required

Current through Reg. 50, No. 138; July 16, 2024
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, F.S., to solicit or engage
				  in the bail bond business in his behalf shall be deemed in violation of section
				   648.30, F.S. 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.
Repromulgated 12-24-74, Formerly 4-1.06, Amended 9-10-91,
					 Formerly 4-1.006, Amended 4-14-97, Formerly
					 4-221.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.003 - Managing General Agents

Current through Reg. 50, No. 138; July 16, 2024
All insurers regularly engaged in the bail bond business in
				  this state shall have a licensed and appointed managing general agent who is a
				  licensed and appointed bail bond agent in this state, and shall be responsible
				  for the supervision of their bail bond agents. 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 documents when requested will
				  result in the managing general agent and insurer being subject to
				  administrative action.
Rulemaking Authority
					 648.26 FS. Law Implemented
					 648.25,
					 648.27,
					 648.36,
					 648.388,
					 648.48
					 FS.
New 4-14-97, Amended 1-22-03, Formerly
					 4-221.003.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.005 - Currently Revoked, Suspended or Denied License

Current through Reg. 50, No. 138; July 16, 2024
Any licensed bail bond agent or managing general agent
				  engaged in the bail bond business who knowingly has in his employ a person
				  whose license is currently revoked, suspended or denied in this or any other
				  state shall be deemed to be conducting his 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.
Repromulgated 12-24-74, Formerly 4-1.07, Amended 9-10-91,
					 Formerly 4-1.007, Amended 4-14-97, Formerly
					 4-221.005.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.006 - Immigration Bonds Exclusion

Current through Reg. 50, No. 138; July 16, 2024
The term "limited surety agent" does not include an
				  individual authorized to transact immigration bond business. A limited surety
				  (bail bond) agent license is required to transact bail bond business in the
				  State of Florida, but it does not qualify the licensee to transact business
				  involving other types of surety bonds, including immigration
				  bonds.
Rulemaking Authority
					 624.308(1),
					 648.26(1) FS.
					 Law Implemented 624.307,
					 626.7315(7),
					 648.24,
					 648.25(5),
					 648.27,
					 648.279,
					 648.30,
					 648.45(2)(j),
					 (3)(c)
					 FS.
New 7-5-10.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.010 - Temporary Orders of Suspension of Bail Bond Agents

Current through Reg. 50, No. 138; July 16, 2024
(1) Since a Bail Bond Agent under a temporary
				order of suspension may discharge liability on a bond pursuant to section
				 648.45, F.S., the following
				activities are allowed as discharging the liability on a bond pursuant to
				section  648.45(1),
				F.S., 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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.055 - Permanent Office Records Required

Current through Reg. 50, No. 138; July 16, 2024
Each licensee, as a minimum requirement for permanent office
				  records shall maintain:
(1) A daily
				bond register which shall be the book of original and permanent record of all
				bonds or undertakings executed by the licensee which shall state the number of
				the Power of Attorney form, date bond was executed, name of principal, amount
				of bond, premium charged, premium reported to surety company, security or
				collateral received, indemnity agreements, disposition of bond, and date of
				disposition.
(2) An individual file
				or envelope for each principal for whom bond is made which shall contain the
				original application for bail bond or undertaking, copy of premium receipt,
				copy of collateral receipt, copy of a bond discharge, if issued, security or
				collateral affidavit, where security or collateral is located, information as
				to any security or consideration received by the agency or licensee in
				connection with each particular bail bond or undertaking and purpose for which
				it was received, 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 co-indemnitors.
Rulemaking Authority
					 648.26 FS. Law Implemented
					 648.25,
					 648.34,
					 648.36
					 FS.
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.060 - Notice of Change of Address

Current through Reg. 50, No. 138; July 16, 2024
Each licensee under chapter 648, F.S., shall notify in
				  writing the Department of Financial Services, Bail Bond Section, Larson
				  Building, 200 East Gaines Street, Tallahassee, Florida 32399-0320, insurer,
				  managing general agent and the clerks of each court in which they are
				  registered, of a change of each business address, telephone number, or name of
				  each agency or firm for which they write bonds within ten (10) working days of
				  such change. Each licensee shall use Form DFS-H2-1564 (Rev. 8-12-04), entitled
				  "Bail Bond Agent Notice of Change of Address," which is hereby incorporated and
				  adopted by reference, to comply with the notice requirements of this rule. This
				  form may be obtained from the address listed above or from the Department's
				  website:
www.MyFloridaCFO.com/Division/Agents.com
.
Rulemaking Authority
					 648.26 FS. Law Implemented
					 648.421
					 FS.
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.065 - Statistical Reporting Form

Current through Reg. 50, No. 138; July 16, 2024
In order to report the information required by section
				   648.365, F.S., each insurer
				  authorized to write bail in Florida and each bail bond agent licensed in
				  Florida shall, when requested by the department, complete and submit Form
				  DFS-H2-279 Rev. 10/90 "Statistical Reporting Requirements" (Surety Insurers,
				  Part A; Bail Bond Agents, Part B) which is adopted and incorporated herein by
				  reference, to the Department of Financial Services, Bail Bond Coordinator,
				  Larson Building, Tallahassee, Florida 32399-0300. Copies of this form are
				  available to the public through the Department of Financial Services at the
				  above address.
Rulemaking Authority
					 648.26 FS. Law Implemented
					 648.365
					 FS.
New 12-23-82, Formerly 4-1.19, Amended 9-10-91, Formerly
					 4-1.019, Amended 4-14-97, Formerly
					 4-221.065.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.070 - Build-up Funds; Reporting

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				insurers authorized to write bail bonds in this state who maintain build-up
				trust accounts pursuant to section
				 648.29, F.S., 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. The
				statement shall be printed on 8 1/2'' x 11'' paper. The first page of the
				statement shall contain the name, address, and phone number of the insurer, and
				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 be certified by the person who
				prepared and reviewed the accuracy of the statement.
(2) Build-up funds collected by an insurer
				shall not exceed 40 percent of the premium for each bond written. The exact
				amount shall be designated in the agent's or agency's contract agreement with
				the insurer. References to "points" in such an agreement are the equivalent to
				increments of 10%. Therefore 1 pt = 10%; 2 pts = 20%; 3 pts = 30%; and 4 pts =
				40% of the premium.
Rulemaking Authority
					 648.26 FS. Law Implemented
					 648.29,
					 648.36
					 FS.
New 9-10-91, Formerly 4-1.021, Amended 4-14-97, 1-22-03,
					 Formerly 4-221.070.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.080 - Professional Bail Bond Agent; Justification and Sufficiency of Sureties

Current through Reg. 50, No. 138; July 16, 2024
Every professional bail bond agent must justify the
				  sufficiency of their undertaking by attaching to such bail bond only United
				  States Currency, United States Postal Money Order, or Cashier's Check in the
				  amount of said bond.
Rulemaking Authority
					 648.26 FS. Law Implemented
					 648.25,
					 903.09(2)
					 FS.
Amended 7-1-69, Repromulgated 12-24-74, Formerly 4-1.03,
					 4-1.003, Amended 4-14-97, Formerly
					 4-221.080.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.085 - Rate Filing; Approval; Proof

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to section
				   648.35(2),
				  F.S., the rates as filed and approved by the Office of Insurance Regulation are
				  the only rates which may be used and the same rate must apply to every bond
				  written. All bail bond rate filings shall be submitted on Form DI4-503, Rev.
				  10/90 "Bail Bond Rate Filing" which is adopted and incorporated herein by
				  reference. This form may be obtained from the Office of Insurance Regulation,
				  Bureau of P & C Forms and Rates, Larson Building, Tallahassee, Florida
				  32399-0300. Before the rate filing may be changed, a new filing must be made
				  and approved by the Office of Insurance Regulation. The professional bail bond
				  agent must be able to prove that their previous rate was either too high or too
				  low as the case may be. Bail bond agents must charge the rate approved by the
				  Office of Insurance and may not advertise reduced rates.
Rulemaking Authority
					 648.26 FS. Law Implemented
					 648.35(2),
					 648.36
					 FS.
Repromulgated 12-24-74, Formerly 4-1.11, Amended 9-10-91,
					 Formerly 4-1.011, Amended 4-14-97, Formerly
					 4-221.085.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.095 - Soliciting Business

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall
				directly or indirectly solicit business in or on the property or grounds of a
				jail, prison, or other place where prisoners are confined, or in or on the
				property or grounds of a court or any building housing courtrooms.
(2) For the purposes of this rule, solicit
				shall include:
(a) Displaying, wearing, or
				distributing any item which directly or indirectly advertises bail bond
				services; or
(b) Approaching anyone
				or urging, enticing, luring, or inviting anyone to approach a bail bond agent
				to use their services.
(c) Parking
				a motor vehicle, which displays the name of a bail bond agent, a bail bond
				agency, or any other information advertising bail bond services.
(d) Passing out business cards unless
				requested by the principal or indemnitor or other print advertising 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.
(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).
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-221 - BAIL, BONDS, AND BAIL BOND AGENTS › Section 69B-221.100 - Terms and Conditions of Contract; Surrender Form

Current through Reg. 50, No. 138; July 16, 2024
(1) The terms and conditions of all contracts
				entered into between a principal and a surety for a bail bond 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 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.
1. ___ Surety Company, as 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.
2. In the event surrender of principal is
				made prior to the time set for 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.
3. It is understood and agreed that the
				happening of any one of the following events shall constitute a breach of
				principal's obligations to ___ Surety Company hereunder, and ___ Surety Company
				shall have the right to forthwith apprehend, arrest and surrender principal,
				and principal shall have no right to any refund of premium whatsoever. Said
				events which shall constitute a breach of principal's obligations hereunder
				are:
(a) If principal shall depart the
				jurisdiction of the court without the written consent of the court and ___
				Surety Company, or its Agent.
(b)
				If principal 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 principal shall commit
				any act which shall constitute reasonable evidence of principal's intention to
				cause a forfeiture of said bond.
(d) If principal is arrested and incarcerated
				for any offense other than a minor traffic violation.
(e) If principal 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
(877) 693-5236 (in-state)
(850) 413-3089 (all areas)
Signed, sealed and delivered this __ day of __, 20___.
Signature of Applicant
_______________________
Mailing address
_______________________