2.2 Florida Administrative Code Rule 69B-221 Administrative Rules

2.2 Florida Administrative Code Chapter 69B-221

Chapter 69B-221 supplies operational rules for Florida bail bond licensees and agencies. Use the current rule title and number rather than relying on older course mappings.

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Current high-yield rule map

This map prevents several common errors: Rule .070 is about build-up-fund reporting, not prohibited office locations; Rule .100 concerns contract terms and surrender, not ownership of BUF interest; Rule .105 limits charges to premium, not collateral-bank timing; and Rule .145 concerns credit-card and cash-advance transactions, not the general receipt rule.

Offices and records

Read Rules .051 and .055 with F.S. 648.34, 648.36, and 648.387. Each agency location must have the required agent in charge. Under F.S. 648.387, one person may be designated agent in charge for only one agency and location. A location may not conduct surety business without an agent in charge.

F.S. 648.36 supplies the core record standard: retain sufficient bond records for at least 3 years after surety liability terminates, and keep them open at all times to DFS and authorized insurer or MGA representatives. F.S. 648.295 separately requires premium-payment records to be preserved at least 3 years after payment.

Change information

Rule .060 implements contact-information duties. The central statute is F.S. 648.421: written notice is due within 10 working days after specified address, telephone, name, email, agency, or firm changes. The recipient list depends on the change; principal business address or telephone changes go to DFS, insurer, MGA, and applicable court clerks.

Build-up funds

Rule .070 addresses BUF reporting. The financial rules come from F.S. 648.29:

• the insurer or MGA may not deduct more than 40 percent of the premium for BUF;
• funds go immediately into an interest-bearing trust account in a Florida financial institution;
• interest accrues to the bail bond agent;
• the insurer or MGA supplies the annual certified statement by March 1; and
• return timing depends on the statutory termination and open-liability conditions.

Solicitation and surrender

Rule .095 governs solicitation. Rule .100 addresses contract terms and the approved surrender form. Exam questions should distinguish a principal's listed contractual breach from a surrender for which premium must be returned. Never invent a runner or bounty-hunter credential from these rules; apprehension credentials are governed by F.S. 648.30(3).

Premiums and receipts

Rules .105 and .110 govern permissible premium charges and premium treatment. F.S. 648.33 requires the rate filed with and approved by OIR and bars charging more, charging less, or furnishing a free bond.

Receipt rules are separate:

• .115 — premium receipt;
• .120 — collateral-security receipt;
• .145 — credit cards and cash advances.

For collateral, coordinate Rules .120 and .135 with F.S. 648.442 and 648.571. The statute requires a written, numbered, detailed receipt, fiduciary separation before forfeiture, immediate forwarding to the insurer when cash or equivalent collateral exceeds $5,000, and return under the 21-day rule in F.S. 648.571.

Exam method

First identify whether a fact comes from the administrative rule or the statute it implements. Then verify the current number. If an answer says .070 controls office location, .100 controls BUF interest ownership, .105 imposes a three-banking-day collateral deposit, or .145 is the premium-and-collateral receipt rule, reject it.