This proposed new rule chapter establishes specific penalty guidelines for licensees for violations under chapters 634 and 642, F.S., in accordance with section 626.207, F.S.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Insurance Agent and Agency Services

RULE NOS.:RULE TITLES:

69B-232.010Purpose

69B-232.020Scope

69B-232.030Definitions

69B-232.040 Calculating Penalty

69B-232.070Prosecutorial Discretion

69B-232.080Penalties for Violations of Section 634.181, F.S.

69B-232.085Penalties for Violations of Sections 634.191, F.S.

69B-232.090Penalties for Violations of Section 634.320, F.S.

69B-232.095Penalties for Violations of Section 634.321, F.S.

69B-232.100Penalties for Violations of Section 634.422, F.S.

69B-232.105Penalties for Violations of Section 634.423, F.S.

69B-232.110Penalties for Violations of Sections 634.191(5), 634.321(5) and 634.423(5), F.S.

69B-232.115Penalties for Violations of Section 642.041, F.S.

69B-232.120Penalties for Violations of Section 642.043, F.S.

69B-232.130Penalties for Violations of Other Specific Provisions of the Florida Insurance Code.

69B-232.140Penalties for Violations of the Other Florida Insurance Code Provisions.

69B-232.150Criminal Proceedings

69B-232.160Aggravating/Mitigating Factors.

PURPOSE AND EFFECT: This proposed new rule chapter establishes specific penalty guidelines for licensees for violations under chapters 634 and 642, F.S., in accordance with section 626.207, F.S.

SUMMARY: The proposed rulemaking adds new penalty guidelines for salespersons, sales representatives, and general lines agents who are subject to discipline under chapters 634 and 642, F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: A preliminary economic analysis conducted by the Department determined that the proposed rules will not have an adverse impact or result in regulatory costs in excess of $1 million within five years, as established in section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 624.308, 626.207, 634.021, 634.302, 634.402, FS.

LAW IMPLEMENTED: 624.307, 624.308, 626.207(4), 626.641, 634.041, 634.095, 634.171, 634.181, 634.1815, 634.191, 634.201, 634.282, 634.283, 634.318, 634.319, 634.320, 634.321, 634.322, 634.3225, 634.336, 634.337, 634.420, 634.421, 634.422, 634.423, 634.424, 634.425, 634.436, 634.437, 642.036, 642.041, 642.043, 642.045, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Monday, August 19, 2019, 10:00 a.m.

PLACE: Larson Building, Room 116, 200 East Gaines Street, Tallahassee, FL 32399

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ray Wenger at 200 East Gaines Street, Tallahassee, Florida 32399-0320, [phone], or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ray Wenger, Chief, Bureau of Investigation, Division of Insurance Agent and Agency Services (please see contact information in paragraph above).

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69B-232.010 Purpose.

The purpose of this rule chapter is to implement the Department’s duty under sections 624.307(1) and 626.207(8), F.S., to enforce sections 634.181, 634.191, 634.211, 634.320, 634.321, 634.322, 634.3225, 634.323, 634.422, 634.423, 634.425, 634.426, 642.041, and 642.043, 642.045, 642.047, F.S., by establishing standards for penalties described in those statutory sections and interpreting provisions in those sections as they relate to penalties imposed upon licensees specified in Rule 69B-232.020, F.A.C.

Rulemaking Authority 624.308, 626.207, 634.021, 634.302, 634.402 FS. Law Implemented 624.307, 624.308, 626.207 FS. History–New.

 

69B-232.020 Scope.

This rule chapter shall apply to salespersons, sales representatives, and general lines agents licensed by the Department under chapters 626, 634, or 642, F.S., who are subject to discipline under sections 634.181, 634.191, 634.320, 634.321, 634.422, 634.423, 642.041, and 642.043, F.S.

Rulemaking Authority 624.308, 626.207, 634.021, 634.302, 634.402 FS. Law Implemented 624.307, 624.308, 634.181, 634.191, 634.320, 634.321, 634.422, 634.423, 642.041, 642.043 FS. History–New.

 

69B-232.030 Definitions.

The following definitions shall apply for purposes of this rule chapter.

(1) “Administrative complaint” means a charging document filed by the Department against a licensee.

(2) “Administrative action” means the factual allegations with citations to violations of the Florida Insurance Code, Department rules, or a Department order grouped together in one or more counts.

(3) “Count” means a single allegation or multiple allegations relating to a single transaction or occurrence which if true, would constitute a violation of one or more provisions of the Florida Insurance Code.

(4) “Convicted” means adjudicated guilty by a court.

(5) “Department” means the Department of Financial Services.

(6) “Final penalty” means the penalty imposed on a licensee by the Department.

(7) “License” shall have the meaning set forth in section 120.52(10), F.S.

(8) “Licensee” means one who holds a license.

(9) “Penalty per count” means the penalty to be assessed for a single count and is the maximum stated penalty for a proven violation.

(10) “Stated penalty” means the penalty for violations set forth in Rules 69B-232.080 through 69B-232.150, F.A.C.

(11) “Total penalty” means the sum of all maximum stated penalties for each count.

Rulemaking Authority 624.308, 626.207, 634.021, 634.302, 634.402 FS. Law Implemented 624.307, 624.308, 634.181, 634.191, 634.320, 634.321, 634.422, 634.423, 642.041, 642.043 FS. History–New.

 

69B-232.040 Calculating Penalty.

(1) Penalty Per Count.

(a) The Department is authorized to find that multiple grounds exist under sections 634.181, 634.191, 634.320, 634.321, 634.422, 634.423, 642.041, and 642.043, F.S., to initiate disciplinary action against the licensee based upon a single count in an administrative complaint and based upon a single act of misconduct by a licensee or employee. However, for the purpose of this rule chapter, only the violation specifying the maximum stated penalty will be considered for that count. The maximum stated penalty established for each count is referred to as the “penalty per count.”

(b) The requirement for a single maximum stated penalty for each count in an administrative complaint shall be applicable regardless of the number or nature of the violations established in a single count of an administrative complaint.

(2) Total Penalty. Each penalty per count shall be added together and the sum shall be referred to as the “total penalty.”

(3) Final Penalty. The final penalty imposed against a licensee under these rules shall be the total penalty, as adjusted to take into consideration any aggravating or mitigating factors set forth in Rule 69B-232.160. F.A.C.

(a) If the licensee is a motor vehicle service agreement salesperson, legal expense insurance sales representative, or general lines agent, in the event the final penalty is a suspension for a duration that exceeds twenty-four (24) months, the final penalty shall be revocation.

(b) If the licensee is a home warranty sales representative or service warranty sales representative, in the event the final penalty is a suspension for a duration that exceed twelve (12) months, the final penalty shall be revocation.

Rulemaking Authority 624.308, 626.207, 634.021, 634.302, 634.402 FS. Law Implemented 624.307, 624.308, 626.641, 634.181, 634.191, 634.320, 634.321, 634.3225, 634.422, 634.423, 634.425, 642.041, 642.043 FS. History–New.

 

69B-232.070 Prosecutorial Discretion.

(1) Letter of Guidance. Every violation of the Florida Insurance Code, Department rules, or an order of the Department will not necessarily result in the imposition of disciplinary action against the licensee. The Department is authorized to close all or part of an investigation by issuing a letter of guidance or caution to the licensee, if warranted upon consideration of the factors set forth in Rule 69B-232.160(1), F.A.C.

(2) Stipulated Disposition. The provisions of this rule chapter are not intended and shall not be construed to limit the ability of the Department to informally dispose of disciplinary actions by stipulation, agreed settlement, or consent order.

(3) Cease and Desist Action. The provisions of this rule chapter shall not preclude the Department from initiating administrative action against licensed or unlicensed individuals for the purpose of imposing a cease and desist and penalty order, as authorized under sections 624.310 and 626.9581, F.S.

(4) Collateral Action. The provisions of this rule chapter are not intended and shall not be construed to limit the ability of the Department to pursue or recommend collateral, civil, or criminal action when appropriate.

Rulemaking Authority 624.308, 626.207, 634.021, 634.302, 634.402 FS. Law Implemented 624.307, 624.308, 634.181, 634.191, 634.283, 634.320, 634.321, 634.337, 634.422, 634.423, 634.437, 642.041, 642.043 FS. History–New.

 

69B-232.080 Penalties for Violations of Section 634.181, F.S.

The following stated penalties shall apply for violations under section 634.181, F.S., regarding compulsory suspension or revocation of license(s) and appointment(s):

(1) Section 634.181(1), F.S. –

(a) Suspension for 12 months if, had the license application been accurate, the application would have been approved, subject to Department action, based on the statutes and Department licensing rules applicable to the application at the time the Department issued the license, and the documentation in the applicant’s file at the time the Department issued the license;

(b) Revocation if, had the license application been accurate, the application would have been denied based on the statutes and Department licensing rules applicable to the application at the time the Department issued the license.

(2) Section 634.181(2), F.S. – suspension for 6 months.

(3) Section 634.181(3), F.S. – suspension for 9 months.

(4) Section 634.181(4), F.S. – suspension for 9 months.

(5) Section 634.181(5), F.S. – suspension for 6 months.

(6) Section 634.181(6), F.S. – suspension for 6 months.

(7) Section 634.181(7), F.S. – suspension for 12 months.

(8) Section 634.181(8), F.S. – suspension for 12 months.

(9) Section 634.181(9), F.S. – suspension for 6 months.

(10) Section 634.181(10), F.S. – suspension for 6 months.

(11) Section 634.181(11), F.S. – see Rule 69B-232.150, F.A.C.

(12) Section 634.181(12), F.S. – suspension for 6 months.

Rulemaking Authority 624.308, 626.207, 634.021 FS. Law Implemented 624.307, 624.308, 634.171, 634.181 FS. History–New.

 

69B-232.085 Penalties for Violations of Section 634.191, F.S.

The following stated penalties shall apply for violations under section 634.191, F.S., regarding discretionary suspension or revocation of license(s) and appointment(s):

(1) Section 634.191(1), F.S. – revocation.

(2) Section 634.191(2), F.S. – suspension for 3 months.

(3) Section 634.191(3), F.S. – suspension for 3 months.

(4) Section 634.191(4), F.S. – suspension for 9 months.

(5) Section 634.191(5), F.S. – see Rule 69B-232.110, F.A.C.

(6) Section 634.191(6), F.S. – see Rule 69B-232.150, F.A.C.

Rulemaking Authority 624.308, 626.207, 634.021 FS. Law Implemented 624.307, 624.308, 634.171, 634.191 FS. History–New.

 

69B-232.090 Penalties for Violations of Section 634.320, F.S.

The following stated penalties shall apply for violations under section 634.320, F.S., regarding compulsory suspension or revocation of license(s) and appointment(s):

(1) Section 634.320(1), F.S. –

(a) Suspension for 12 months if, had the license application been accurate, the application would have been approved subject to Department action, based on the statutes and Department licensing rules applicable to the application at the time the Department issued the license, and the documentation in the applicant’s file at the time the Department issued the license;

(b) Revocation if, had the license application been accurate, the application would have been denied based on the statutes and Department licensing rules applicable to the application at the time the Department issued the license.

(2) Section 634.320(2), F.S. – suspension for 6 months.

(3) Section 634.320(3), F.S. – suspension for 9 months.

(4) Section 634.320(4), F.S. – suspension for 9 months.

(5) Section 634.320(5), F.S. – suspension for 6 months.

(6) Section 634.320(6), F.S. – suspension for 6 months.

(7) Section 634.320(7), F.S. – suspension for 12 months.

(8) Section 634.320(8), F.S. – suspension for 12 months.

(9) Section 634.320(9), F.S. – suspension for 6 months.

(10) Section 634.320(10), F.S. – suspension for 6 months.

(11) Section 634.320(11), F.S. – see Rule 69B-232.150, F.A.C.

Rulemaking Authority 624.308, 626.207, 634.302 FS. Law Implemented 624.307, 624.308, 634.318, 634.320 FS. History–New.

 

69B-232.095 Penalties for Violation of Section 634.321, F.S.

The following stated penalties shall apply for violations under section 634.321, F.S., regarding discretionary suspension or revocation of license(s) and appointment(s):

(1) Section 634.321(1), F.S. – revocation.

(2) Section 634.321(2), F.S. – suspension for 3 months.

(3) Section 634.321(3), F.S. – suspension for 3 months.

(4) Section 634.321(4), F.S. – suspension for 9 months.

(5) Section 634.321(5), F.S. – See Rule 69B-232.110, F.A.C.

(6) Section 634.321(6), F.S. – see Rule 69B-232.150, F.A.C.

Rulemaking Authority 624.308, 626.207, 634.302 FS. Law Implemented 624.307, 624.308, 634.318, 634.321 FS. History–New.

 

69B-232.100 Penalties for Violations of Section 634.422, F.S.

The following stated penalties shall apply for violations under section 634.422, F.S., regarding compulsory suspension or revocation of license(s) and appointment(s):

(1) Section 634.422(1), F.S. –

(a) Suspension for 12 months if, had the license application been accurate, the application would have been approved, subject to Department action, based on the statutes and Department licensing rules applicable to the application at the time the Department issued the license, and the documentation in the applicant’s file at the time the Department issued the license;

(b) Revocation if, had the license application been accurate, the application would have been denied based on the statutes and Department licensing rules applicable to the application at the time the Department issued the license.

(2) Section 634.422(2), F.S. – suspension for 6 months.

(3) Section 634.422(3), F.S. – suspension for 9 months.

(4) Section 634.422(4), F.S. – suspension for 9 months.

(5) Section 634.422(5), F.S. – suspension for 6 months.

(6) Section 634.422(6), F.S. – suspension for 6 months.

(7) Section 634.422(7), F.S. – suspension for 12 months.

(8) Section 634.422(8), F.S. – suspension for 12 months.

(9) Section 634.422(9), F.S. – suspension for 6 months.

(10) Section 634.422(10), F.S. – suspension for 6 months.

(11) Section 634.422(11), F.S. – see Rule 69B-232.150, F.A.C.

Rulemaking Authority 624.308, 626.207, 634.402 FS. Law Implemented 624.307, 624.308, 634.420, 634.422 FS. History–New.

 

69B-232.105 Penalties for Violations of Section 634.423, F.S.

The following stated penalties shall apply for violations under section 634.423, F.S., regarding discretionary suspension or revocation of license(s) and appointment(s):

(1) Section 634.423(1), F.S. – revocation.

(2) Section 634.423(2), F.S. – suspension for 3 months.

(3) Section 634.423(3), F.S. – suspension for 3 months.

(4) Section 634.423(4), F.S. – suspension for 9 months.

(5) Section 634.423(5), F.S. – see Rule 69B-232.110, F.A.C.

(6) Section 634.423(6), F.S. – see Rule 69B-232.150, F.A.C.

Rulemaking Authority 624.308, 626.207, 634.402 FS. Law Implemented 624.307, 624.308, 634.420, 634.423 FS. History–New.

 

69B-232.110 Penalties for Violations of Sections 634.191(5), 634.321(5) and 634.423(5), F.S.

The following stated penalties shall apply for violations under sections 634.191(5), 634.321(5), and 634.423(5), F.S., for engaging in unfair methods of competition or in unfair or deceptive acts or practices, as defined in any of the following sections 634.282, 634.336, and 634.436, F.S.:

(1) Section 634.282(1), F.S. – suspension for 12 months.

(2) Section 634.282(2), F.S. – suspension for 6 months.

(3) Section 634.282(3), F.S. – suspension for 3 months.

(4) Section 634.282(4), F.S. – suspension for 3 months.

(5) Section 634.282(5), F.S. – suspension for 6 months.

(6) Section 634.282(6), F.S. – suspension for 6 months.

(7) Section 634.282(7), F.S. – suspension for 6 months.

(8) Section 634.282(8), F.S. – suspension for 6 months.

(9) Section 634.282(9), F.S. – suspension for 3 months.

(10) Section 634.282(10), F.S. – suspension for 6 months.

(11) Section 634.282(11), F.S. – suspension for 9 months.

(12) Section 634.282(12), F.S. – suspension for 6 months.

(13) Section 634.282(13), F.S. – suspension for 6 months.

(14) Section 634.282(14), F.S. – suspension for 3 months.

(15) Section 634.282(15), F.S. – suspension for 9 months.

(16) Section 634.282(16), F.S. – suspension for 6 months.

(17) Section 634.282(17), F.S. – suspension for 6 months.

(18) Section 634.336(1), F.S. – suspension for 12 months.

(19) Section 634.336(2), F.S. – suspension for 6 months.

(20) Section 634.336(3), F.S. – suspension for 3 months.

(21) Section 634.336(4), F.S. – suspension for 6 months.

(22) Section 634.336(5), F.S. – suspension for 6 months.

(23) Section 634.336(6), F.S. – suspension for 3 months.

(24) Section 634.336(7), F.S. – suspension for 6 months.

(25) Section 634.336(8), F.S. – suspension for 6 months.

(26) Section 634.336(9), F.S. – suspension for 6 months.

(27) Section 634.436 (1), F.S. – suspension for 12 months.

(28) Section 634.436(2), F.S. – suspension for 6 months.

(29) Section 634.436(3), F.S. – suspension for 3 months.

(30) Section 634.436(4), F.S. – suspension for 6 months.

(31) Section 634.436(5), F.S. – suspension for 6 months.

(32) Section 634.436(6), F.S. – suspension for 3 months.

(33) Section 634.436(7), F.S. – suspension for 6 months.

(34) Section 634.436(8), F.S. – suspension for 6 months.

(35) Section 634.436(9), F.S. – suspension for 6 months.

Rulemaking Authority 624.308, 626.207, 634.021, 634.302, 634.402 FS. Law Implemented 624.307, 624.308, 634.191, 634.321, 634.282, 634.283, 634.336, 634.337, 634.423, 634.436, 634.437 FS. History–New.

 

69B-232.115 Penalties for Violations of Section 642.041, F.S.

The following stated penalties shall apply for violations under section 642.041, F.S., regarding compulsory suspension or revocation of license(s) and appointment(s):

(1) Section 642.041(1), F.S. – 

(a) Suspension for 12 months if, had the license application been accurate, the application would have been approved, subject to Department action, based on the statutes and the Department’s licensing rules applicable to the application at the time the Department issued the license, and the documentation in the applicant’s file at the time the Department issued the license;

(b) Revocation if, had the license application been accurate, the application would have been denied, based on the statutes and Department licensing rules applicable to the application at the time the Department issued the license.

(2) Section 642.041(2), F.S. – suspension for 6 months.

(3) Section 642.041(3), F.S. – suspension for 9 months.

(4) Section 642.041(4), F.S. – suspension for 9 months.

(5) Section 642.041(5), F.S. – suspension for 6 months.

(6) Section 642.041(6), F.S. – suspension for 6 months.

(7) Section 642.041(7), F.S. – suspension for 12 months.

(8) Section 642.041(8), F.S. – suspension for 12 months.

(9) Section 642.041(9), F.S. – suspension for 6 months.

(10) Section 642.041(10), F.S. – suspension for 6 months.

(11) Section 642.041(11), F.S. – see Rule 69B-232.150, F.A.C.

Rulemaking Authority 624.308, 626.207 FS. Law Implemented 624.307, 624.308, 642.036, 642.041 FS. History–New.

 

69B-232.120 Penalties for Violations of Section 642.043, F.S.

The following stated penalties shall apply for violations under section 642.043, F.S., regarding discretionary suspension or revocation of license(s) and appointment(s):

(1) Section 642.043(1), F.S. – revocation.

(2) Section 642.043(2), F.S. – suspension for 3 months.

(3) Section 642.043(3), F.S. – suspension for 3 months.

(4) Section 642.043(4), F.S. – suspension for 9 months.

(5) Section 642.043(5), F.S. – see Rule 69B-231.100, F.A.C.

(6) Section 642.043(6), F.S. – see Rule 69B-232.150, F.A.C.

Rulemaking Authority 624.308, 626.207 FS. Law Implemented 624.307, 624.308, 642.036, 642.043 FS. History–New.

 

69B-232.130 Penalties for Violations of Other Specific Provisions of the Florida Insurance Code.

The following stated penalties shall apply for violations of the following provisions of the Florida Insurance Code:

(1) Section 634.095(1), F.S. – suspension for 6 months.

(2) Section 634.095(2), F.S. – suspension for 6 months.

(3) Section 634.095(3)(a), F.S. – suspension for 6 months.

(4) Section 634.095(3)(b), F.S. – suspension for 6 months.

(5) Section 634.095(3)(c), F.S. – suspension for 12 months.

(6) Section 634.095(3)(d), F.S. – suspension for 12 months.

(7) Section 634.095(4), F.S. – suspension for 6 months.

(8) Section 634.095(5), F.S. – suspension for 6 months.

(9) Section 634.095(6), F.S. – suspension for 6 months.

(10) Section 634.1815, F.S. – suspension for 3 months.

(11) Section 634.319(1), F.S. – suspension for 9 months.

(12) Section 634.3205, F.S. – suspension for 3 months.

(13) Section 634.421(1), F.S. – suspension for 9 months.

(14) Section 634.4225, F.S. – suspension for 3 months.

Rulemaking Authority 624.308, 626.207, 634.021, 634.302, 634.402 FS. Law Implemented 624.307, 624.308, 634.041, 634.095, 634.1815, 634.201, 634.319, 634.322, 634.421, 634.424, 642.045 FS. History–New.

 

69B-232.140 Penalties for Violations of Other Florida Insurance Code Provisions.

Unless otherwise specified in this rule chapter or in the code provision violated, the stated penalty for a violation of a provision of the Florida Insurance Code shall be a suspension for six (6) months if the violation was willful or shall be a suspension for three (3) months if the violation was non-willful.

Rulemaking Authority 624.308, 626.207 FS. Law Implemented 624.307, 624.308, 634.171, 634.181, 634.191, 634.318, 634.320, 634.321, 634.420, 634.422, 634.423, 642.036, 642.043 FS. History-New.

 

69B-232.150 Criminal Proceedings.

(1) If a licensee was convicted or found guilty of, or has entered a plea of guilty or nolo contendere (no contest) to, regardless of adjudication, a felony or a crime punishable by imprisonment of one (1) year or more under the laws of the United States of America, or of any state thereof, or under the laws of any other country, the penalty shall be revocation or suspension for 24 months for the licensees specified in Rule 69B-232.040(3)(a) and revocation or suspension for 12 months for the licensees specified in Rule 69B-232.040(3)(b).

(a) The terms of suspension and revocation and the conditions for reapplying for licensure for salespersons, legal expense insurance sales representatives, and general lines agents are provided in sections 626.641 and 626.207, F.S.

(b) The terms of suspension and revocation and the conditions for reapplying for licensure for home warranty sales representatives are provided in sections 634.3225 and 626.207, F.S.

(c) The terms of suspension and revocation and the conditions for reapplying for licensure for service warranty sales representatives are provided in sections 634.425 and 626.207, F.S.

(2)(a) In accordance with section 626.207, F.S., any licensee that was convicted or found guilty of, or entered a plea of guilty or nolo contendere (no contest) to, regardless of adjudication, a first degree felony, a capital felony, a felony involving money laundering, fraud, or embezzlement, or a felony directly related to the financial services business, is permanently barred from applying for reinstatement of any revoked or suspended license and from applying for any license under the Florida Insurance Code.

(b) In accordance with section 626.207, F.S., any licensee that was convicted or found guilty of, entered a plea of guilty or nolo contendere (no contest) to, regardless of adjudication, a felony involving moral turpitude not specifically included in paragraph (2)(a) of this rule or section 626.207(2), F.S., is prohibited from applying for reinstatement of any revoked or suspended license, and prohibited from applying for any other license under the Florida Insurance Code for a period of 15 years (subject to modification pursuant to Rule 69B-211.042, F.A.C.). The disqualifying period shall start on the date of the licensee’s final release from supervision or the completion date of the licensee’s criminal sentence, whichever occurs later. The Department shall not issue a license unless all related fines, court costs and fees, and court-ordered restitution have been paid.

(c) In accordance with section 626.207, F.S., any licensee that has been convicted or found gulity of, or entered a plea of guilty or nolo contendere (no contest) to, regardless of adjudication, a felony not involving moral turpitude is prohibited from applying for reinstatement of a revoked or suspended license and from applying for any license under the Florida Insurance Code for a period of seven (7) years. The disqualifying period shall start on the date of the licensee’s final release from supervision or the completion date of the licensee’s criminal sentence, whichever occurs later. The Department shall not issue a license unless all related fines, court costs and fees, and court-ordered restitution have been paid.

(3) For purposes of this rule, in the event that a conviction or plea is based on the laws of a country other than the United States, the Department shall consider the following factors to determine if the crime is the equivalent of a felony crime under sections 634.181(11), 634.191(6), 634.320(11), 634.321(6), 634.422(11), 634.423(6), 642.041(11) and 642.043(6), F.S.:

(a) Whether the crime would be a felony under the laws of the United States or any state within the United States; and,

(b) The degree of the penalty associated with the same or similar crimes in the United States.

Rulemaking Authority 624.308, 626.207, 634.021, 634.302, 634.402 FS. Law Implemented 624.307, 624.308, 626.207, 626.641, 634.171, 634.181, 634.191, 634.318, 634.320, 634.321, 634.3225, 634.420, 634.422, 634.423, 634.425, 642.036, 642.041, 642.043 FS. History–New.

 

69B-232.160 Aggravating/Mitigating Factors.

The Department shall consider the following aggravating and mitigating factors in order to determine the final penalty assessed against a licensee under this rule chapter.

(1) For penalties other than those assessed under Rule 69B-232.150, F.A.C.:

(a) Willfulness of licensee’s conduct;

(b) Degree of actual injury to victim(s);

(c) Degree of potential injury to victim(s);

(d) Age or capacity of victim(s);

(e) Restitution to victim(s);

(f) Motivation of licensee;

(g) Financial gain or loss to licensee;

(h) Financial loss to victim(s);

(i) Vicarious or personal responsibility;

(j) Related criminal charge; disposition;

(k) Existence of secondary violations in counts;

(l) Previous disciplinary orders or prior warning by the Department; and

(m) Violation of any part of sections 634.282, 634.336, and 634.436, F.S.

(2) For suspensions assessed under Rule 69B-232.150, F.A.C., for violations of sections 634.181(11), 634.191(6), 634.320(11), 634.321(6), 634.422(11), 634.423(6), 642.041(11) and 642.043(6), F.S.:

(a) Number of years that have passed since criminal proceeding;

(b) Age of licensee at time the crime was committed;

(c) Whether or not licensee served time in jail;

(d) Whether or not licensee violated criminal probation;

(e) Whether or not licensee is still on criminal probation;

(f) Whether or not licensee’s actions or behavior resulted in substantial injury to victim(s);

(g) Whether or not restitution was, or is being timely paid; and

(h) Whether or not licensee’s civil rights have been restored.

Rulemaking Authority 624.308, 626.207, 634.021, 634.302, 634.402 FS. Law Implemented 624.307, 624.308, 626.207(4), 634.181, 634.191, 634.320, 634.321, 634.422, 634.423, 642.041, 642.043 FS. History–New.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ray Wenger

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: CFO Jimmy Patronis

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 22, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 14, 2019