DEPARTMENT OF FINANCIAL SERVICES
Division of Insurance Agents and Agency ServicesRULE NO.: RULE TITLE:
69B-211.042: Effect of Law Enforcement Records on Applications for LicensureNOTICE OF CORRECTION
Notice is hereby given that the following corrections have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 19, May 11, 2012 issue of the Florida Administrative Weekly.
69B-211.042 Effect of Law Enforcement Records on Applications for Licensure.
(7)(b) Collateral Attack on Criminal Proceedings. The Department will not allow or give any weight to an attempt to re-litigate, impeach, or collaterally attack judicial criminal proceedings or their results wherein the applicant was found guilty or pled guilty or nolo contendere. Thus the Department will not hear or consider arguments such as: the criminal proceedings were unfair; the judge was biased; the witnesses or prosecutor lied or acted improperly; the defendant only pled guilty due to financial or mental stress; the defendant was temporarily insane at the time of the crime; or the defendant had ineffective counsel.
(12)(18) Effect of Varying Terminology.
(a) through (b) No change.
1. through 6. No change.
(c)(b) When necessary, In all other instances the Department will look to the substantive meaning of the terminology used in the context in which it was used under the law of the jurisdiction where it was used.
