Florida Administrative Code

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 f…

Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.342, 626.752, 627.4085 FS. History-New 10-12-93, Formerly 4-215.060, Repealed 1-4-15.

(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 prom…

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 pro…

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 …

Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.797, 626.9541(1)(l) FS. History-Repromulgated 12-24-74, Formerly 4-9.02, 4-9.002, 4-215.215, Repealed 1-4-15.

Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.797, 626.9541(1)(h) FS. History-Repromulgated 12-24-74, Formerly 4-9.03, 4-9.003, 4-215.220, Repealed 1-4-15.

Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.797, 626.9541(1)(c) FS. History-Repromulgated 12-24-74, Formerly 4-9.04, 4-9.004, 4-215.225, Repealed 1-4-15.

Rulemaking Authority 624.308 FS. Law Implemented 624.307(1), 626.797, 626.9541(1)(a), (b) FS. History-Repromulgated 12-24-74, Formerly 4-9.05, 4-9.005, 4-215.230, Repealed 1-4-15.

(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 ma…

(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 inde…

(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 adjuster…

(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 license…

(1) Any licensed bail bond agent or managing general agent engaged in the bail bond business, who permits any person not licensed, as required under Chapter 648, Florida Statutes (F.S.), to solicit or engage in the bail bond business on his or her behalf will be deemed in violati…

(1) All insurers regularly engaged in the bail bond business in this state must appoint a managing general agent who is a licensed and appointed bail bond agent in this state, and who is responsible for the supervision of its appointed bail bond agents. (2) The records of all bai…

Any licensed bail bond agent or managing general agent engaged in the bail bond business who knowingly mploys for or on behalf of the bail bond agency a person whose bail bond license is currently revoked, suspended, or denied in this or any other state will be deemed to be condu…

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 busines…

(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 …

(1) 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. (2) Each bail bond agency branch…

(1) Each bail bond agency, as a minimum requirement for permanent office records, must maintain 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 in…

(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 …

Rulemaking Authority 648.26 FS. Law Implemented 648.365 FS. History-New 12-23-82, Formerly 4-1.19, Amended 9-10-91, Formerly 4-1.019, Amended 4-14-97, Formerly 4-221.065, Repealed 12-9-24.

(1) All managing general agents and insurers authorized to write bail bonds in this state who maintain build-up trust accounts pursuant to Section 648.29, F.S., must annually file with the Department on or before March 1 of each year a certified statement listing each build-up tr…

(1) Section 903.09, F.S., is interpreted to mean that every licensed limited surety agent must attach to each bond a duly executed power of attorney in an amount of at least the penal sum of the bond. This section shall not apply to any card or certificate of membership of an aut…

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…

Rulemaking Authority 648.26 FS. Law Implemented 648.35(2), 648.36 FS. History-Repromulgated 12-24-74, Formerly 4-1.11, Amended 9-10-91, Formerly 4-1.011, Amended 4-14-97, Formerly 4-221.085, Repealed 12-9-24.

(1) No licensee or person may directly or indirectly solicit business: (a) In or on the property or grounds of a jail, prison, or other place where prisoners are confined, and (b) In or on the property or grounds of a court or any building housing courtrooms, which includes any p…

(1) Except as provided in subsection (2) of this rule, the following terms and conditions must be included in all contracts entered into between a principal and a surety for a bail bond. The terms and conditions shall set forth the bond number, the date, the amount of the premium…

(1) No surety, bail bond agent, t bail bond agency, or managing general agent engaged in the bail bond business may charge, collect, or receive any fee or consideration, other than the premium based on current rates, unless permitted by statute or rule. (a) Nothing in this rule p…

(1) The premium permitted under Chapter 648, F.S., musst be a term charge for the term of the bond. (2) No additional premium may be charged for a rewrite of a bond based on the same case number, unless the amount of the bond has been increased, in which case, an additional premi…

Every bail bond agent who accepts money or any other consideration for any bail bond or undertaking which they execute must for each and every payment received give to the person or persons paying the money or giving the consideration a pre-numbered receipt as evidence of payment…

(1) Every bail bond agent who accepts any type of collateral in conjunction with a bail bond or undertaking which they execute must for such collateral received give to the person or persons giving the collateral a consecutively pre-numbered receipt as evidence thereof. The recei…

Every bail bond agent who accepts collateral security for a bail bond shall, for each bail bond written, make and attach to such bail bond an affidavit on the form prescribed by the Department, to wit: AFFIDAVIT STATE OF FLORIDA COUNTY OF ___ Before me today, the undersigned auth…

Pursuant to Section 903.14(3), F.S., every bail bond agent who accepts collateral security for a bail bond may make, attach to and file with each bail bond, in lieu of the affidavit required by Rule 69B-221.125, F.A.C., a statement on a form prescribed by the Department, to wit: …

(1) No bail bond agent may accept collateral security or other indemnity of any type in an individual or aggregate amount totaling in excess of $50,000 cash per bond, except as provided by Section 648.442, F.S. (2) The meaning of "any other type of security approved by the depart…

No indemnity agreement shall be entered into between a principal and surety or any agent of the surety, and no application shall be accepted by a bail bond agent, engaged in the bail bond business, or a surety company, for a bail bond in which an indemnity agreement is required b…

(1) For the purposes of this rule, a cash advance facility shall mean any person, as defined in Section 624.04, F.S., who advances cash or issues a draft, check or other instrument to a credit card holder, charges the credit card holder's account for the amount of the advance, an…

The Department may request any licensee or insurer to furnish it with any information concerning the bail bond business of any licensee or insurer which it deems necessary. Rulemaking Authority 648.26 FS. Law Implemented 624.318(2), 648.27, 648.36, 648.365, 648.48 FS. History-Rep…

The following forms are incorporated by reference and available as stated below or from the Division's website at https://www.myfloridacfo.com/Division/Agents/Licensing/Forms: (1) Form DFS-H2-1500, Limited Surety Agent, Professional Bail Bond Agent, Sworn Statement, effective 08/…

(1) The purpose of this rule chapter is to set out Department policy as to insurance related activities which may and may not be engaged in by persons who hold no licensure under chapter 626, F.S. (2) These rules shall apply to all persons who conduct any of the activities descri…

For purposes of this rule chapter the following definitions shall apply. (1) "Giving a quote" refers to the basic tasks of obtaining certain basic underwriting answers from the inquirer, and then consulting written underwriting materials that state the rate. Giving a quote does n…

It is unlawful for unlicensed insurance agency personnel to receive any type of pay which is formally tied to the production of insurance or insurance applications. Such payment for services rendered constitutes illegal sharing of commissions. However, a small "bonus" paid once a…

The following actions are allowable by unlicensed personnel at any time: (1) Serving in the capacity of switchboard operator, receptionist, or secretary, when merely taking incoming calls and visitors and routing them to licensed staff or taking messages. (2) Explaining claims pr…

The following types of conduct by unlicensed staff are allowable as long as they are done only on a basis "incidental" to the employee's main duties: (1) Taking an application for insurance in the agent's office, as set forth in rule 69B-222.020, F.A.C., for a person who has call…

The following actions are never allowable by unlicensed personnel. (1) Comparing insurance products; advising as to insurance needs or insurance matters; or interpreting policies or coverages. (2) Binding new, additional, or replacement coverage for new or existing customers; or …

The purpose of this chapter is to establish requirements and standards for all pre-licensing courses and providers of pre-licensing courses for persons seeking to qualify for licensure, approval or certification by the Department through education. This rule chapter also establis…

This rule chapter shall apply to all curriculum standards for special designation courses taken pursuant to Section 626.221, F.S., and to providers, instructors, school officials, and students of pre-licensing courses and shall govern the implementation and enforcement of pre-lic…