Purpose, Definitions, Criminal Proceedings, Aggravating/Mitigating Factors.  



    Division of Insurance Agent and Agency Services




    69B-232.150Criminal Proceedings

    69B-232.160Aggravating/Mitigating Factors.


    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 145, July 26, 2019 issue of the Florida Administrative Register.

    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.


    69B-232.030 Definitions.

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

    (1) through (3) No change.

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

    (5) through (11) renumbered (4) through (10) No change.


    69B-232.150 Criminal Proceedings.

    (1) No change.

    (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, felony 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. “Felony directly related to the financial services business” shall have the same meaning set forth in Rule 69B-211.042(3)(b), F.A.C.

    (b) through (c) No change.

    (3) No change.


    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) Each of the following factors can be either aggravating or mitigating depending on the specific circumstances of the licensee’s violation.  For penalties other than those assessed under Rule 69B-232.150, F.A.C.:

    (a) through (m) No change.

    (2) No change.