(1) The department may initiate a civil administrative proceeding against a licensee who fails to comply with the solicitation requirements of this chapter.
(2) The burden of proof in such proceedings is by a preponderance of the evidence. Upon a finding that a licensee has failed to properly comply, an assessment of $5,000 shall be ordered for each act of improper solicitation which assessment shall be payable within 30 days after the date of the final order.
(3) The civil assessment is a civil remedy for conduct that harms the consuming public and that is considered an unfair method of competition, and is not a penalty or administrative fine. Remedies under this section are in addition to any other remedies available at law.
History.—s. 27, ch. 2002-260.
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.