(1) The department shall investigate the actions of a licensee when it receives a written complaint containing allegations of fact that, if true, show that a violation of this chapter, or a rule adopted pursuant thereto, has occurred. The department shall also investigate a licensee if the department is made aware that a possible violation of this chapter, or a rule adopted pursuant thereto, has occurred. If the department determines that a violation of this chapter or a violation of a rule adopted pursuant to this chapter has occurred, the department may file a formal complaint against the licensee and prosecute under chapter 120.
(2) Any proceeding for the purpose of summary suspension of a license pursuant to s. 120.60(6) shall be conducted by the department, which shall issue the final summary order.
(3) The complaint and all information obtained pursuant to the investigation of the department are confidential and exempt from the provisions of s. 119.07(1) until such investigation is completed or ceases to be active. For the purpose of this section, an investigation is considered “active” while the investigation is being conducted by the department with a reasonable, good faith belief that it may lead to the filing of administrative, civil, or criminal proceedings. An investigation does not cease to be active if the department is proceeding with reasonable dispatch and there is good faith belief that action may be initiated by the department or other administrative or law enforcement agency.
(4) The expiration, nonrenewal, or surrender of licensure under this chapter does not eliminate the jurisdiction of the department or office to investigate and prosecute for a violation committed by a licensee while licensed under this chapter. The prosecution of any matter may be initiated or continued notwithstanding the withdrawal of a complaint.
History.—s. 18, ch. 29621, 1955; s. 16, ch. 61-406; ss. 13, 35, ch. 69-106; s. 177, ch. 70-339; s. 26, ch. 71-86; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 26, 71, 72, ch. 82-175; ss. 28, 50, 51, ch. 84-103; s. 5, ch. 87-321; ss. 34, 46, 47, ch. 90-131; s. 4, ch. 91-429; s. 7, ch. 93-119; s. 35, ch. 96-372; s. 407, ch. 96-406; s. 289, ch. 96-410; s. 62, ch. 2022-138.
Note.—Former s. 903.54.
Structure Florida Statutes
Chapter 648 - Bail Bond Agents
648.24 - Declaration of Public Policy.
648.26 - Department of Financial Services; Administration.
648.27 - Licenses and Appointments; General.
648.285 - Bond Agency; Ownership Requirements.
648.29 - Build-Up Funds Posted by Bail Bond Agent.
648.295 - Reporting and Accounting of Funds.
648.30 - Licensure and Appointment Required; Prohibited Acts; Penalties.
648.31 - Appointment Taxes and Fees.
648.315 - Number of Applications for Licensure Required.
648.34 - Bail Bond Agents; Qualifications.
648.35 - Professional Bail Bond Agent; Qualifications.
648.36 - Bail Bond Agent’s Records.
648.365 - Statistical Reporting Requirements; Penalty for Failure to Comply.
648.38 - Licensure Examination for Bail Bond Agents; Time; Place; Fees; Scope.
648.383 - Renewal, Continuation, Reinstatement, and Termination of Appointment; Bail Bond Agents.
648.384 - Effect of Expiration of Appointment; Bail Bond Agents.
648.385 - Continuing Education Required; Requirements.
648.386 - Qualifications for Prelicensing and Continuing Education Schools and Instructors.
648.387 - Primary Bail Bond Agents; Duties.
648.388 - Insurer Must Appoint Managing General Agent.
648.40 - Application for Appointment of Professional Bail Bond Agents; Termination.
648.41 - Termination of Appointment of Temporary Bail Bond Agents.
648.42 - Registration of Bail Bond Agents.
648.421 - Notice of Change of Address or Telephone Number.
648.43 - Power of Attorney; Approval by Office; Filing of Copies; Notification of Transfer Bond.
648.44 - Prohibitions; Penalty.
648.441 - Furnishing Supplies to Unlicensed Bail Bond Agent Prohibited; Civil Liability and Penalty.
648.442 - Collateral Security.
648.45 - Actions Against a Licensee; Suspension or Revocation of Eligibility to Hold a License.
648.46 - Procedure for Disciplinary Action Against Licensees.
648.48 - Witnesses and Evidence.
648.49 - Duration of Suspension or Revocation.
648.50 - Effect of Suspension, Revocation Upon Associated Licenses and Licensees.
648.51 - Surrender of License.
648.55 - All Bail Bond Agents of Same Agency; Licensed by Same Companies.