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| 1 | Appointment
An appointment is a formal work authorization made by an insurance company to the State. It is defined in Florida §626.015(3) as “the authority given by an insurer or employer to a licensee to transact insurance or adjust claims on behalf of an insurer or employer.” The following statutes address insurance appointments that are required or permitted in Florida. Florida agent and adjuster licenses are perpetual, but will expire if it goes for more than 48 months without an appointment. A Florida insurance license authorizes the licensee to be appointed to transact insurance or adjust claims for the classes of insurance identified on the license. An appointment with an insurer or employer authorizes a licensee to transact insurance or adjust claims on behalf of the appointing entity. Without an appointment, a licensee cannot lawfully transact the business of insurance. Both licensure and appointment are required. To preserve your current license status you must be appointed for each class of insurance listed on your license within 48 months after the date you were licensed. When the last appointment for a particular class or classes of insurance has terminated, you have 48 months in which to secure another appointment before eligibility in that class or classes of insurance expires. Failure to maintain at least one active appointment will result in the expiration your license (after the 48-month period has elapsed). §648.31 Appointment taxes and fees.—
The department shall collect in advance all appointment taxes and fees for the issuance of any appointment to a bail bond agent or temporary bail bond agent, as provided in s. 624.501. §648.382 Appointment of bail bond agents and temporary bail bond agents; effective date of appointment.—
(1) Each insurer appointing a bail bond agent and each insurer, managing general agent, or bail bond agent appointing a temporary bail bond agent in this state must file the appointment with the department and, at the same time, pay the applicable appointment fees and taxes. A person appointed under this section must hold a valid bail bond agent’s or temporary bail bond agent’s license. (2) Prior to any appointment, an appropriate officer or official of the appointing insurer in the case of a bail bond agent or an insurer, managing general agent, or bail bond agent in the case of a temporary bail bond agent must submit: (a) A certified statement or affidavit to the department stating what investigation has been made concerning the proposed appointee and the proposed appointee’s background and the appointing person’s opinion to the best of his or her knowledge and belief as to the moral character and reputation of the proposed appointee. In lieu of such certified statement or affidavit, by authorizing the effectuation of an appointment for a licensee, the appointing entity certifies to the department that such investigation has been made and that the results of the investigation and the appointing person’s opinion is that the proposed appointee is a person of good moral character and reputation and is fit to engage in the bail bond business; (b) An affidavit under oath on a form prescribed by the department, signed by the proposed appointee, stating that premiums are not owed to any insurer and that the appointee will discharge all outstanding forfeitures and judgments on bonds previously written. If the appointee does not satisfy or discharge such forfeitures or judgments, the former insurer shall file a notice, with supporting documents, with the appointing insurer, the former agent, and the department, stating under oath that the licensee has failed to timely satisfy forfeitures and judgments on bonds written and that the insurer has satisfied the forfeiture or judgment from its own funds. Upon receipt of such notification and supporting documents, the appointing insurer shall immediately cancel the licensee’s appointment. The licensee may be reappointed only upon certification by the former insurer that all forfeitures and judgments on bonds written by the licensee have been discharged. The appointing insurer or former agent may, within 10 days, file a petition with the department seeking relief from this paragraph. Filing of the petition stays the duty of the appointing insurer to cancel the appointment until the department grants or denies the petition; and
(c) Any other information that the department reasonably requires concerning the proposed appointee. (3) By authorizing the effectuation of an appointment for a licensee, the appointing insurer certifies to the department that the insurer will be bound by the acts of the bail bond agent acting within the scope of his or her appointment, and, in the case of a temporary bail bond agent, the appointing insurer, managing general agent, or bail bond agent, as the case may be, must certify to the department that he or she will supervise the temporary bail bond agent’s activities. §648.383 Renewal, continuation, reinstatement, and termination of appointment; bail bond agents.—
(1) The appointment of a bail bond agent shall continue in force unless suspended, revoked, or otherwise terminated, subject to a renewal request filed by the appointing entity in the appointee’s birth month and every 24 months thereafter. A renewal request must be filed with the department or person designated by the department to administer appointments along with payment of the renewal appointment fee and taxes as prescribed in s. 624.501. (2) Each appointing person or person designated by the department to administer appointments must file the lists, statement, and information as to each bail bond agent whose appointment is being renewed, accompanied by payment of the applicable renewal fees and taxes as prescribed in s. 624.501. (3) An appointment may be renewed without penalty if the information required under subsection (2) is received prior to the expiration of the appointment in the licensee’s birth month, and such appointment shall be renewed, effective on the first day of the month succeeding the month in which the appointment was scheduled to expire. §648.384 Effect of expiration of appointment; bail bond agents.—
(1) Upon the expiration of any person’s appointment as provided in s. 648.383, such person is without any authority to engage or attempt to engage in any activity requiring such appointment. (2) If a bail bond agent fails to maintain an appointment with an insurer during any 48-month period, the bail bond agent may not be granted a reappointment until he or she qualifies as a first-time applicant. §648.388 Insurer must appoint managing general agent.—
Any insurer regularly engaged in the execution of bail bonds in this state shall have a managing general agent in this state to supervise its agents. Upon the appointment of a managing general agent, the insurer shall file with the department an affidavit under oath, executed by the appointee, certifying that the appointee does not owe any unpaid premiums to any insurer and does not have any unpaid judgments or forfeitures in any state. A managing general agent shall maintain an office in this state and maintain all records relating to bonds issued in this state. §648.39 Termination of appointment of managing general agents, bail bond agents, and temporary bail bond agents.—
(1) An insurer who terminates the appointment of a managing general agent, bail bond agent, or temporary bail bond agent shall, within 10 days after such termination, file written notice thereof with the department together with a statement that it has given or mailed notice to the terminated agent. Such notice filed with the department must state the reasons, if any, for such termination. Information so furnished the department is confidential and exempt from the provisions of s. 119.07(1). (2) Each insurer shall, within 5 days after terminating the appointment of any managing general agent, bail bond agent, or temporary bail bond agent, give written notice thereof to each clerk of the circuit court and sheriff with whom such person is registered. §648.40 Application for appointment of professional bail bond agents; termination.—
(1) Upon licensure as a professional bail bond agent, the licensee shall file an application for appointment with the department together with the required appointment fees and taxes as prescribed in s. 624.501. (2) Any professional bail bond agent who discontinues writing bail bonds during the period for which he or she is appointed must notify each clerk of the circuit court and each sheriff with whom he or she is registered and the department within 30 days after such discontinuance. §648.41 Termination of appointment of temporary bail bond agents.—
A bail bond agent, insurer, or managing general agent terminating the appointment of a temporary bail bond agent must, within 10 days, file written notice thereof with the department, together with a statement that notice has been given or mailed to the temporary bail bond agent. Such notice filed with the department shall state the reasons, if any, for such termination. Information so furnished the department is confidential and exempt from the provisions of s. 119.07(1). |
| 2 | §648.43 Power of attorney; approval by office; filing of copies; notification of transfer bond.—
(1) Every insurer engaged in the writing of bail bonds through bail bond agents in this state shall submit to the office for prior approval a sample power of attorney, which shall be the only form of power of attorney the insurer issues to bail bond agents in this state. (2) Every professional bail bond agent who authorizes a licensed professional bail bond agent directly employed and appointed by him or her to sign his or her name to bonds must file a copy of the power of attorney given to the appointed professional bail bond agent with the sheriff and the clerk of the circuit court in the county in which he or she resides and with the department. Such power of attorney shall remain in full force and effect until written notice revoking the power of attorney has been received by the above-named officials. (3) Every bail bond agent who executes or countersigns a transfer bond shall indicate in writing on the bond the name and address of the referring bail bond agent.
§648.442(8) Collateral security.—
(8) Prior to the appointment of a bail bond agent who is currently or was previously appointed by another insurer, the bail bond agent must file with the department a sworn and notarized affidavit, on a form prescribed by the department, stating that: (a) There has been no loss, misappropriation, conversion, or theft of any collateral being held by the agent in trust for any insurer by which the agent is currently or was previously appointed; and
(b) All collateral being held in trust by the agent and all records for any insurer by which the agent is currently or was previously appointed are available for immediate audit and inspection by the department, the insurer, or the managing general agent, and will upon demand of the department or insurer be transmitted to the insurer for whom the collateral is being held in trust. §648.45 Actions against a licensee; suspension or revocation of eligibility to hold a license.—
(1) The department shall, upon receipt of an information or indictment, immediately temporarily suspend any license or appointment issued under this chapter when the licensee has been charged with a felony or a crime involving moral turpitude or a crime punishable by imprisonment of 1 year or more under the law of any state, territory, or country. Such suspension shall continue if the licensee has been found guilty of, or has pleaded guilty or no contest to, the crime, whether or not a judgment or conviction has been entered, during a pending appeal. A person may not effect any additional bail bonds after suspension of his or her license or appointment. However, he or she may discharge any liability on bonds effected prior to such suspension. (2) The department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person: (a) Lacks one or more of the qualifications specified in this chapter for a license or appointment. (b) Has made a material misstatement, misrepresentation, or fraud in obtaining a license or appointment, or in attempting to obtain a license or appointment. (c) Has failed to pass any examination required under this chapter. (d) Has willfully used, or intended the use, of the license or appointment to circumvent any of the requirements or prohibitions of this chapter or the insurance code. (e) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. (f) Has demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. (g) Has engaged in fraudulent or dishonest practices in the conduct of business under the license or appointment. (h) Is guilty of misappropriation, conversion, or unlawful withholding of moneys belonging to a surety, a principal, or others and received in the conduct of business under a license. (i) Is guilty of rebating or offering to rebate, or unlawfully dividing or offering to divide, any commission, in the case of a limited surety agent, or premiums, in the case of a professional bail bond agent. (j) Has willfully failed to comply with or willfully violated any proper order or rule of the department or willfully violated any provision of this chapter or the insurance code. (k) Has been found guilty of, or has pleaded guilty or no contest to a felony, a crime involving moral turpitude, or a crime punishable by imprisonment of 1 year or more under the law of any state, territory, or country, whether or not a judgment or conviction has been entered. (l) Has demonstrated lack of good faith in carrying out contractual obligations and agreements. (m) Has failed to perform a contractual obligation or agreement with a managing general agent or insurer which results in an unrecovered loss due to nonpayment of a forfeiture or judgment by the licensee. (n) Has failed to return collateral. (o) 1. Has signed and filed a report or record in the capacity of an agent which the licensee knows to be false or misleading; 2. Has willfully failed to file a report or record required by state or federal law; 3. Has willfully impeded or obstructed such filing; or
4. Has induced another person to impede or obstruct such filing. (p) Has demonstrated a course of conduct or practices which indicate that the licensee is incompetent, negligent, or dishonest or that property or rights of clients cannot safely be entrusted to him or her. §648.55 All bail bond agents of same agency; licensed by same companies.—
All bail bond agents who are members of the same agency, partnership, corporation, or association shall be appointed to represent the same companies. If any member of such agency, partnership, corporation, or association is licensed and appointed as a professional bail bond agent, all members thereof shall be so licensed and appointed. It is the responsibility of each insurer to require that each bail bond agent in an agency is appointed to represent that particular insurer. Florida Administrative Code 69B-211.002 General Procedures
(1) All applicants for licensure shall comply with the provisions of this rule chapter applicable to the class of license the applicant is seeking, and to applicable provisions within Rule Chapters 69B-212 through 69B-231, F.A.C. (2) (a) An applicant for a license for which an examination is required shall complete all sections of Form DFS-H2-498, “Insurance License Application/Examination Required,” rev. 1097, and shall submit the application with the required fees to the Department. (b) All applicants shall comply with Part II of this rule chapter regarding the photo identification license. (c) All entities appointing insurance representatives shall comply with Part III of this rule chapter regarding the character and credit report. (d) Applicants for particular licenses requiring an examination shall comply with the requirements in subsections (3) through (5), below. |
| 3 | Florida Administrative Code 69B-211.004 Appointment Renewal Procedure
(1) Purpose. The purpose of this rule is to establish procedures for persons seeking the biennial renewal of appointments to transact insurance pursuant to the Florida Insurance Code. Additionally, this rule sets forth the fees that will be assessed to individual and entities that file appointment renewals after the time frames specified by statute and this rule. (2) Scope. This rule applies to all persons submitting a request for renewal of appointments as an agent, customer representative, adjuster, service representative, managing general agent, title insurance agent, sales representative, reinsurance intermediary, or bail bond agent, and shall govern the renewal of appointments pursuant to the authority set forth in Sections 626.371, 626.381, 626.532, 626.843, 626.7492 and 648.383, F.S. (4) Term of appointments. (a) In the case of natural persons, new appointments or appointments being continued, which are effectuated in a licensee’s birth month, shall expire 24 months later on the last day of the licensee’s birth month and shall be subject to renewal at that time by the entity for which they are appointed pursuant to the filing deadlines prescribed in subsections (6) and (7), below, and every 24 months thereafter unless suspended, revoked, or otherwise terminated at an earlier date. (b) In the case of entities other than natural persons, new appointments or appointments being continued, which are effectuated in the same month a licensee was first licensed as an insurance representative, shall expire 24 months later on the last day of the licensee’s license issue month and shall be subject to renewal at that time by the entity for which they are appointed pursuant to the filing deadlines prescribed in subsections (6) and (7), below, and every 24 months thereafter unless suspended, revoked, or otherwise terminated at an earlier date. Florida Administrative Code 69B-211.005 Fees
(1) The Department is authorized to charge certain fees payable by applicants and others, in amounts sufficient to cover the actual cost of the service provided. The Department has determined the costs of the following services: (a) Fingerprint processing fee for each fingerprint card submitted $64
(b) Exam fee for each exam scheduled $56
(2) The fees listed in subsection (1), above, shall be made payable to the “Florida Department of Financial Services.” The fees are payable in advance of the service provided and are not refundable. Florida Administrative Code 69B-211.007 Effective Date of Termination of Appointment
(1) When an appointing entity terminates the appointment of an appointee in accordance with Section 626.471(4), Florida Statutes, and files written notice of such termination with the Department in accordance with Section 626.471(4), Florida Statutes, the Department shall terminate the appointment in accordance with Section 626.471(5), Florida Statutes. The date of such termination on Department records shall be the effective date of such termination as indicated by the appointing entity in its filing with the Department or, if no date is indicated, the date on which the Department received the filing. (2) When an appointee terminates the appointment with an appointing entity in accordance with Section 626.471(4), Florida Statutes, and files written notice of such termination with the Department in accordance with Section 626.471(4), Florida Statutes, the Department shall terminate the appointment in accordance with Section 626.471(5), Florida Statutes. The date of such termination on Department records shall be the effective date of such termination as indicated by the appointee on their filing with the Department or, if no date is indicated, the date on which the Department received the filing. (3) With respect to contracts currently in force the provisions of this rule shall be subject to the appointee’s contract rights. Florida Administrative Code 69B-211.022 Character and Credit Reports Required
The following provisions shall govern, as a minimum, the full detailed character and credit report required under Section 626.521, Florida Statutes: (1) As to each applicant, the insurer or the employer, as the case may be, shall coincidentally with appointment or employment secure and thereafter keep on file a full detailed credit and character report made by an established and reputable independent credit reporting service, relative to the individual if a natural person or its principals in the case of a corporation or other legal entity, so appointed or employed. The insurer or employer shall retain the report for no less than three years from the date of termination of appointment or the date of termination of employment. Form DFS-H2-38,” Summary Character and Credit Report,” rev. 1/90, shall include but is not limited to the following information: (a) A certification indicating whether the applicant has pled guilty or nolo contendere to or has been found guilty of a felony and reflecting that the applicant has been thoroughly investigated as to his or her integrity, character and credit. The certification shall be based in part upon information obtained from a request for inspection and examination of the Florida Department of Law Enforcement’s public records pursuant to Section 119.07, Florida Statutes, relating to the applicant’s criminal history. (b) Information relating to the applicant’s identification including: 1. Any name the applicant is known by other than his or her legal name. 2. Any Social Security numbers used by the applicant other than his or her legal one if such is known. 3. Any discrepancy of birth date or birth records if such exists on documents available for birth. (c) Personal information including criticism of character, habits or financial difficulties, if any. (d) A brief summary of the character and credit report on the applicant and the source of this information. |
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