5.3 Primary Place of Business, Branch Offices & Advertising Rules

5.3 Agency Locations, Agent in Charge, and Advertising

Keep three authorities separate: F.S. 648.387 governs the agent in charge, current Rules 69B-221.051 and .055 govern offices and permanent office records, and F.S. 648.44(6)-(7) governs advertising.

Agent in charge — F.S. 648.387

The owner or operator designates an agent in charge for each agency location and files with DFS:

• the person's name;
• license number; and
• the location address.

The designation may change if DFS is notified immediately. Failure to notify DFS within 10 working days is a disciplinary ground.

The agent in charge is responsible for overall operation and management of the location, including supervision of people involved in solicitation, negotiation, collection, or accounting. One person may be designated agent in charge for only one agency and location.

A location may not conduct surety business unless an agent in charge is designated and provides services at all times. If the agent ends affiliation and the agency does not designate another within the 10-day period, and that failure continues 90 days, the agency license automatically expires on day 91 after the affiliation ended.

Employment restrictions

F.S. 648.387 restricts an agency's use of a person whose license has been denied or is suspended or revoked. It preserves an exception for clerical or administrative work when a license was denied only for failure to pass the required exam.

The owner, agent in charge, and agency also may not employ, contract with, or use in the agency a person charged with or found guilty of the felony or one-year-imprisonment category stated in subsection (4).

Current office rules

• Rule 69B-221.051: Bail Bond Offices.
• Rule 69B-221.055: Permanent Office Records Required.
• Rule 69B-221.060: Notice of Change of Information.

Do not cite repealed or renumbered Rule .050 as the current office rule, and do not use Rule .060 as an expanded advertising-disclosure rule.

Advertising — F.S. 648.44(6)-(7)

A bail bond agency may not advertise as or hold itself out as a bail bond or surety company. False or misleading advertising and deceptive practices are prohibited. The statute also prohibits:

• advertising reduced premium rates;
• an agency name implying a reduced premium;
• material misrepresentations, unjust expectations, or improper comparisons;
• a false, misleading, or deceptive firm name;
• a trade name implying a government connection;
• the word “free” in advertising; and
• an unregistered trade name.

Every permissible advertisement must include the address of record filed with DFS. The statute does not require every ad to display the full agency name, agency license number, telephone number, and every other item formerly attributed to Rule .060.

Contact changes — F.S. 648.421

Within 10 working days after a principal business address or telephone change, the licensee gives written notice to DFS, insurer, MGA, and each clerk where registered. Specified agency, firm, personal name, home address, email, and telephone changes also go to DFS within 10 working days.

F.S. 648.421 is a notice-of-change statute. It does not itself create a “fictitious local telephone number” offense.

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