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Research Outline

Prepared for john p. | Delivered July 4, 2020

Florida Surety Regulations

Goals

To gain an understanding of regulatory and other requirements for establishing a surety in Florida, including whether a surety can legally sell or issue surety bonds in Florida directly, without a surety agent.

Early Findings

  • The state of Florida defines a surety bond as "a three party guarantee put into place to protect the party requesting the bond and guarantees the performance, ability, honesty and integrity of individuals performing various responsibilities and obligations".
  • There are three parties involved; the obligee, principal and surety.
  • Florida regulations notes of surety duties that "a person may not act in the capacity of a bail bond agent, or temporary bail bond agent, or perform any of the functions, duties, or powers prescribed for bail bond agents or temporary bail bond agents unless that person is qualified, licensed, and appointed".
  • Additionally, Florida businesses that need permits or licenses to operate also are required to post a bond with the state through a surety process.  
  • Businesses required to process a surety in the state of Florida include contractors, auto dealers, mortgage brokers and health spa operators.
  •  A surety, also referred to as bonding company, and surety agency in Florida are both able to provide bond and surety services.
  •  Bonding agencies can help companies choose a surety, and also help resolve surety problems as they arise.
  • While regulations around surety vary based on type of surety, for bail bond sureties, an agent is required. 
  • There are also steps that can be used for a company to obtain a temporary limited surety agent status in order to perform services.