Published on: 27044393. The proposed amendments will update the rules by incorporating statutory changes, clarifying current rule requirements, and making other necessary changes.
Published on: 14982637. The Department of Financial Services issued a Final Order Denying Petition of the “Petition for Variance From or Waiver of Florida Administrative Rule 69B-211.041(3),(5), and 69B-211.042(4), (5), (6), (12)(b),” that was filed by Brandon J. Bogert on June 23, 2014. The Notice of the Petition was published July 15, 2014, in Vol. 40, No. 136 of the Florida Administrative Register. The Petition was requesting that the Department reclassify Bogert’s felony convictions as misdemeanor convictions to allow the Department to grant him a resident general lines (2-20) agent license. However, based on the Petition’s defects, it cannot be cured by amendment and therefore, the Petition was dismissed by a Final Order Denying Petition filed on August 22, 2014.
Published on: 11465611. In the 2011 Legislative Session, Section 626.207, F.S. was amended to change the way that the criminal history of an applicant affects an application for insurance agent licensure. This rule amendment conforms the Department’s rule to the revised statute.
Published on: 10746550. In the 2011 Legislative Session, Section 626.207, F.S., was amended to change the way that the criminal history of an applicant affects an application for insurance agent licensure. This rule amendment conforms the Department’s rule to the revised statute. In Rule 69B-211.041, F.A.C., several definitions are deleted because they are no longer needed based on the rewrite to Rule 69B-211.042, F.A.C. Other definitions are revised to provide simplicity and clarity. Rule 69B-211.042, F.A.C., is amended to delete language that is inconsistent with Section 626.207, F.S. as amended. Subsection (1) establishes the process for submission of documentation related to the applicant’s law enforcement record. Subsection (2) addresses the effect of failure to fully disclose a Law Enforcement Record. Subsection (3) establishes disqualification periods based on the nature of the crime in a record. Subsection (4) provides increased disqualification periods where an applicant has a record of multiple crimes. Subsection (5) identifies mitigating factors used to reduce disqualifying periods. Subsection (6) identifies aggravating factors used to increase disqualification periods. Subsection (7) prohibits collateral attack of criminal proceedings. Subsection (8) provides that the pendency of a criminal appeal does not affect the consideration of a criminal record for licensure. Subsection (9) provides that the Department will not grant a license to a person in a pre-trial intervention program. Subsection (10) addresses the effect of sealing or expunging of criminal records. Subsection (11) addresses the effect of a pardon. Subsection (12) clarifies the effect of varying terminology found in the law enforcement record documentation. Subsection (13) prohibits licensure of applicants imprisoned, under arrest, in custody, under supervision, or serving a sentence. Subsection (14) provides that passage of a disqualification period does not create an entitlement to a license. Subsection (15) addresses how foreign law enforcement records affect a licensure application. The existing crime classification system is being removed to conform to revisions to Section 626.207, F.S.
Published on: 8811594. Armando Cesar Santana vs. Department of Financial Services; Case No.: 09-0829RX; Rule No.: 69B-211.041(3), (11), 69B-211.042(3)(a), (8)(a), (b), (c), (9)(a), (b), (17)(b)2., (c)1., 2., 3., (21), 69B-211.042(8)(a),25 (17)(c)3.; The following rule provisions are stricken as invalid exercises of delegated legislative authority: Florida Administrative Code, Rule 69B-211.042(8)(a),25 and (17)(c)3.; the phrase in the last sentence of Florida Administrative Code Rule 69B-211.042(9)(a), “for each additional felony”; and the phrase in Florida Administrative Code Rule 69B-211.042(21), “, and are all of equal weight notwithstanding from which paragraph they are drawn.” The remainder of the Second Amended Petition is dismissed.; Petition
Published on: 8354433. The Order is regarding the Petition for Waiver or Variance, filed on January 13, 2010, by Shola Ayide Stephens. The Notice of Petition for Waiver or Variance was published in Vol. 36, No. 5 of the February 5, 2010 Florida Administrative Weekly. The Petitioner sought a waiver or variance from paragraphs 69B-211.042(3)(a), (4), (8)(a), (9)(a), (9)(b), (21)(n), (21)(qq) and subsection 69B-211.041(11), F.A.C., with regard to the restriction on the licensure of persons who have been found guilty of or have pled guilty or nolo contendere to a felony or a crime punishable by imprisonment of one (1) year or more. The Department’s Order denied the petition and found that the Petitioner had not demonstrated that the purposes of the underlying statute could be achieved by other means and that the application of the aforementioned rules to his circumstances would violate principles of fairness or impose a substantial hardship.