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Florida Administrative Code (Last Updated: December 2, 2024) |
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69. Department of Financial Services |
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69C. Division of Treasury |
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69C-2. THE FLORIDA SECURITY FOR PUBLIC DEPOSITS ACT |
1(1) Disciplinary guidelines. This rule establishes disciplinary procedures and guidelines supplemental to chapter 120, F.S., and sections 18280.051 19through 20280.06, F.S., 22for a qualified public depository, either an applicant or designee, regarding the public deposits program. The Chief Financial Officer may impose a penalty or 46penalties 47upon a determination that a qualified public depository, applicant or designee, has violated any provision of this rule chapter or chapter 280, F.S.
70(2) Procedures for 73Discipline. 74The procedures for discipline are set forth in section 83280.052 84and chapter 120, F.S.
88(3) Mitigating and Aggravating Factors. In determining the appropriate 97disciplinary 98action to be imposed under sections 104280.053 105and 280.54, F.S., the Chief Financial Officer will consider aggravating and mitigating factors under the circumstances, which includes:
123(a) the danger to the public health, safety, or welfare;
133(b) number of counts or violations;
139(c) the monetary harm caused to the state of Florida and any public depositor;
153(d) the non-monetary harm caused to the state of Florida and any public depositor;
167(e) whether the violation or violations were 174willful;
175(f) the deterrent effect of the penalty imposed;
183(g) improvement or correction efforts since the violation;
191(h) the length of time since the date of the violation; and
203(i) the number of previous 208disciplinary 209cases filed against the qualified public depository.
216Rulemaking Authority 218280.052, 219280.19 FS. 221Law Implemented 223280.02, 224280.025, 225280.03, 226280.04, 227280.041, 228280.05, 229280.051, 230280.052, 231280.053, 232280.54, 233280.055, 234280.06, 235280.07, 236280.08, 237280.10, 238280.11, 239280.13, 240280.16, 241280.17 FS. 243History–New 12-9-24.
