Notify each surety company that you represent of your intention to close the bail bond agency. Be sure to obtain formal guidance on the proper handling of your agency’s records, including unused powers and the collateral in your possession for the bail bonds issued for their company.

You need to provide us the date your bail bond agency will close, the complete name and address location of your agency’s files, the complete address location of the collateral being held on the bonds written, and an explanation of how consumers will receive the return of their collateral at the conclusion of their cases.

This should be done within 10 working days of the closing. The letter may be uploaded in your bail bond agency MyProfile account (after logging in) by clicking Submit Documents on the right side of options under Apply.

You will need to delete the designated primary bail bond agent for the agency location you are closing as well in its bail bond agency's MyProfile account. If you have not created the bail bond agency's MyProfile account yet, you will need to do that first, enter the owner information, and proceed accordingly. [s. 648.387, F.S.]

For more instructions, please see our Bail Bond Agency Primary Agent User Guide.

On a related matter, a bail bond agent must notify us within 10 working days if you change your name, residence address, principal business street address or mailing address, email address, or contact telephone numbers.  This is quickly and easily done by logging in to your individual MyProfile account. [s. 648.421, F.S.]

 

Mail a notice to each customer (defendants and indemnitors), advising them of the closing of the agency and whom they can contact regarding their bonds. If the managing general agent (MGA) or surety company has not yet approved a new servicing agent, then the notice should direct your customers to contact the MGA or surety company. The notice should include an office telephone number for the servicing agent or surety company.

Notify the department’s Division of Consumer Services of your agency’s closing in the event your customers contact them. You can do this by going to  AskFLDFS and selecting "Consumer Services" as the recipient.

It is important to keep all bank accounts active until all outstanding checks have cleared. Checks returned due to insufficient funds will likely trigger a formal investigation by the Florida Department of Financial Services concerning the proper accounting and remittance of fiduciary funds. Reminder: Section 648.295, F.S., prohibits withholding moneys belonging to others in the conduct of business under a bail bond license issued by the department. [s. 648.295, F.S.]

Florida law requires every licensee to preserve books, accounts and records pertaining to a premium payment for at least three years after the liability of the surety has been terminated. Any agent closing a bail bond agency must make provisions for the records to be available for inspection in accordance with law. You can comply with the law by transferring the files to a new servicing agent or returning the files to the appropriate surety company. Keep detailed records of any files you have transferred. Do not throw documents containing confidential or personal information into the garbage without following the appropriate destruction methods. [s. 648.36, F.S.]

Any lease or rental agreement entered into by you for conducting your agency business likely remains binding until both parties agree to end the contract. Closing the agency doors and not returning to the location does not end your obligation to pay rent. This is true of all rental agreements, including those for computers, postage machines, copiers, telephone systems and fax machines. You are responsible for paying all utility bills until the utility company terminates or transfers the account. If you have any questions regarding these matters, seek private legal counsel.