Volume 2, No. 8 - December 2011

Compliance Corner

We continue to see a pattern of noncompliance in the areas noted below. This section has been created to assist you in keeping your insurance business in compliance. The items are intended as reminders only and are not necessarily the exact text of the Florida Statutes or Florida Administrative Code. The legal cites have been provided for your further reference.

Bail Bond Agents: Reminder of Temporary Agent Minimum Wage Requirement

Bail bond agents who employ temporary bail bond agents will be required to pay them at least $7.67 per hour worked effective January 1, 2012. The Florida Statutes require a temporary bail bond agent to be employed by a bail bond agent or bail bond agency under subsection 648.25(8) and subsection 648.355(1)(e), F.S.. The term "employed" makes it clear the temporary bail bond agent is covered by the state minimum wage. Section 448.110, Florida Statutes, sets the minimum amount an employer may pay their employee. Florida law requires the Florida Department of Economic Opportunity to calculate a minimum wage rate each year. Click here to read the latest notice from the Department of Economic Opportunity advising of the minimum wage in Florida as of January 1, 2012.

[See 448.110, 648.25(8), and 648.355(1)(e), Florida Statutes; Rule 69B-221.051(4)(b), Florida Administrative Code]

Bail Bond Agents: Use the Proper Appointment Form

The Bureau of Investigation has been made aware that some bail bond agents have been presenting jails and clerks of court with invalid documents entitled "Certificate of Appointment" or similar name as verification they are properly appointed to a surety company. These forms are in violation of the Florida Insurance Code. The only appointment form authorized by the Department to initiate an appointment is DFS-H2-1544, which can be found on our forms page. The only acceptable proof of an appointment is the official certification that is available exclusively from the Department. The use of any other form by a bail bond agent or temporary bail bond agent could result in the Department taking administrative action against the agent's license.

[See 648.382 and 648.442(8), Florida Statutes]

Stay Up-to-Date and Keep Your Information Up-to-Date!

Licensees are reminded to update any change in their name, addresses (including email) or phone numbers by logging in to their MyProfile account. If you also have an agency license/registration, don't forget to log in to your agency's MyProfile account and update it as well. It is also a good practice to regularly check your MyProfile account(s) for any messages that we have sent you that you may have missed in your email. Add our MyFloridaCFO.com domain to your email software's Trusted or Safe Senders List to ensure you receive all notifications from us.

[See 626.551 and 648.421, Florida Statutes]

 

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