This rule chapter is being revised to create new rules and update existing rules in accordance with current Florida statutes.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Insurance Agent and Agency Services

RULE NOS.:RULE TITLES:

69B-231.010Purpose

69B-231.020Scope

69B-231.030Definitions

69B-231.040Calculating Penalty

69B-231.070Prosecutorial Discretion

69B-231.080Penalties for Violation of Section 626.611, F.S.

69B-231.090Penalties for Violation of Section 626.621, F.S.

69B-231.100Penalties for Violation of Subsection 626.621(6), or Section 626.9541, F.S.

69B-231.105Penalties for Violations of Section 626.8437, F.S.

69B-231.106Penalties for Violations of Section 626.844, F.S.

69B-231.110Penalties for Violation of Other Specific Provisions of the Florida Insurance Code

69B-231.115Penalties for Violation of Section 626.9957, F.S.

69B-231.120Penalties for Violation of Other Insurance Code Provisions

69B-231.130Penalties for Violation of Department Rules

69B-231.140Penalties for Violation of Department Orders

69B-231.150Criminal Proceedings

69B-231.160Aggravating/Mitigating Factors

PURPOSE AND EFFECT: This rule chapter is being revised to create new rules and update existing rules in accordance with current Florida statutes.

SUMMARY: The proposed rulemaking adds new penalty guidelines for title insurance agents and agencies, adds new penalties for violations of various specific provisions of the Florida Insurance Code, and updates existing rules to reflect statutory changes.

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:

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(1), 626.207(8), 626.536, 626.551, 626.9957(12), 626.9958, 627.4554(9), FS.

LAW IMPLEMENTED: 624.307(1), 624.308, 624.310(3), 624.310(5), 626.207, 626.611, 626.621, 626.631, 626.641, 626.681, 626.691, 626.8437, 626.844, 626.8443, 626.9541(1), 626.9954, 626.9957, 627.4554, 631.155, 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:

DATE AND TIME: Thursday, November 29, 2018, 9:00 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, telephone: [phone], email: [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, Department of Financial Services, address: 200 East Gaines Street, Tallahassee, Florida 32399-0320, telephone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69B-231.010 Purpose.

The purpose of this rule chapter is to implement the Department’s duty under sections subsections 624.307(1), 626.207(8), and Section 626.9954, F.S., to enforce sSections 626.611, 626.621, 626.631, 626.641, 626.681, 626.691, 626.8437, 626.844, 626.8443, and 626.9954, 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-231.020, F.A.C.

Rulemaking Authority 624.308(1), 626.207(8), 626.9957(12), 626.9958 FS. Law Implemented 624.307(1), 624.308(2), 626.207(8), 626.9954, 626.9957 FS. History–New 7-13-93, Amended 9-23-02, Formerly 4-231.010, Amended 8-15-06, 9-10-14,                            .

 

69B-231.020 Scope.

This rule chapter shall apply to all resident and nonresident insurance agents, title insurance agents and agencies, surplus lines agents, managing general agents, customer representatives, adjusters, navigators and service representatives licensed or appointed under cChapter 626, F.S., who are subject to discipline under sSections 626.611, and 626.621, 626.8437, and 626.844, F.S.

Rulemaking Authority 624.308(1), 626.207(8), 626.9957(12), 626.9958 FS. Law Implemented 624.307(1), 624.308(2), 626.207(8), 626.611, 626.621, 626.8437, 626.844, 626.9957 FS. History–New 7-13-93, Amended 8-15-00, 9-23-02, Formerly 4-231.020, Amended 8-15-06, 9-10-14, 9-13-15,                                          .

 

69B-231.030 Definitions.

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

(1) No change.

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

(3) A “Count” means is 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) No change.

(5) “Crimes involving moral turpitude” means each felony crime identified in subsections 69B-211.042(23) and (24), F.A.C., and each felony crime not identified in subsections 69B-211.042(23) and (24), F.A.C., that is substantially similar to a crime identified in subsections 69B-211.042(23) and (24), F.A.C.

(6) through (9) renumbered (5) through (8) NO change..

(9)(10) “Penalty per count” means the penalty to be assessed for a single count and is equal to the maximum highest stated penalty in the count for a all proven violations.

(10)(11) “Stated penalty” means the penalty for violations set forth in Rrules 69B-231.080 through 69B-231.150, F.A.C.

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

Rulemaking Authority 624.308(1), 626.9957(12), 626.9958 FS. Law Implemented 624.307(1), 624.308(2), 626.207(2), 626.611, 626.621, 626.9957 FS. History–New 7-13-93, Amended 9-23-02, Formerly 4-231.030, Amended 8-15-06, 8-12-10, 9-10-14,                            .

 

69B-231.040 Calculating Penalty.

(1) Penalty Per Count.

(a) The Department is authorized to find that multiple grounds exist under sections 626.611, 626.621, 626.8437, 626.844, and 626.9957, F.S., to initiate for 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. However, for the purpose of this rule chapter, only the violation specifying the maximum highest stated penalty will be considered for that count. The maximum highest stated penalty thus established for each count is referred to as the “penalty per count.”.

(b) The requirement for a single maximum highest 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) No change.

(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-231.160, F.A.C. If the licensee is a title insurance agent or agency, in the event the final penalty is a suspension for a duration that exceeds twelve (12) months, the final penalty shall be revocation. For all other licensees, in the event the final penalty is a suspension for a duration that exceeds twenty-four (24) months, the final penalty shall be revocation.

(a) The final penalty which will be imposed against a licensee under these rules shall be the total penalty, as adjusted to take into consideration any aggravating or mitigating factors.

(b) The Department shall convert the total penalty to an administrative fine and probation if the licensee has not previously been subjected to an administrative penalty and the current action does not involve a violation of Section 626.611, F.S.;

(c) The Department will consider the factors set forth in rule subsection 69B-231.160(1), F.A.C., in determining whether to convert the total penalty to an administrative fine and probation.

(d) In the event that the final penalty would exceed a suspension of twenty-four (24) months, the final penalty shall be revocation.

Rulemaking Authority 624.308(1), 626.9957(12), 626.9958 FS. Law Implemented 624.307(1), 624.308(2), 626.207(2), 626.611, 626.621, 626.641, 626.681, 626.691, 626.8437, 626.844, 626.8443, 626.9957 FS. History–New 7-13-93, Formerly 4-231.040, Amended 8-15-06, 9-10-14,                            .

 

69B-231.070 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 a disciplinary action against the licensee. The Department is authorized to shall close all or part of an investigation by issuing a letter of guidance or caution to the licensee, if warranted upon the Department’s consideration of the factors set forth in rule subsection (1) of Rule 69B-231.160(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 whether or not the Department has initiated administrative charges.

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

(4) Collateral Actions. 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 actions when where appropriate.

Rulemaking Authority 624.308(1), 626.9957(12), 626.9958 FS. Law Implemented 624.307(1), 624.308, 624.310(3), 626.207(2), 626.611, 626.621, 626.681, 626.691, 626.9521, 626.9561, 626.9571, 626.9581, 626.9957 FS. History–New 7-13-93, Formerly 4-231.070, Amended 8-15-06, Repromgulated 9-10-14, Amended                            .

 

69B-231.080 Penalties for Violations of Section 626.611, F.S.

The following stated penalties shall apply for violations under If it is found that the licensee has violated any of the following subsections of sSection 626.611, F.S., regarding for which compulsory suspension or revocation of license(s) and appointment(s) is required, the following stated penalty shall apply:

(1) No change.

(2) Section 626.611(1)(b), F.S. –

(a) Suspension for 12 months if, had the license application been accurate, the application would have been granted, 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) No change.

(3) No change.

(4) Section 626.611(1)(d), F.S. – suspension for 6 months.

(5) Section 626.611(1)(e), F.S. – suspension for 9 months.

(6) Section 626.611(1)(f), F.S. – suspension for 9 months.

(7) Section 626.611(1)(g), F.S. – suspension for 6 months.

(8) Section 626.611(1)(h), F.S. – suspension for 6 months.

(9) Section 626.611(1)(i), F.S. – suspension for 12 months.

(10) Section 626.611(1)(j), F.S. – suspension for 12 months. However, tThis provision does not apply if the facts constitute a violation of section 626.753, F.S.

(11) Section 626.611(1)(k), F.S. – suspension for 6 months.

(12) Section 626.611(1)(l), F.S. – suspension for 3 months.

(13) Section 626.611(1)(m), F.S. – suspension for 6 months.

(14) No change.

(15) Section 626.611(1)(o), F.S. – suspension for 12 months.

(16) Section 626.611(1)(p), F.S. – suspension for 12 months.

(17) Sections 626.611(1)(q)1., 3., or 4., F.S. – suspension for 12 months.

(18) No change.

Rulemaking Authority 624.308(1), 626.207(8)(2) FS. Law Implemented 624.307(1), 624.308, 626.207(2), 626.611 FS. History–New 7-13-93, Amended 9-23-02, Formerly 4-231.080, Amended 8-15-06, 8-12-10,                            .

 

69B-231.090 Penalties for Violations of Section 626.621, F.S.

The following stated penalties shall apply for violations under If it is found that the licensee has violated any of the following subsections of sSection 626.621, F.S., regarding descretionary suspension or revocation of license(s) and appointment(s) for which suspension or revocation of license(s) and appointment(s) is discretionary, the following stated penalty shall apply:

(1) No change.

(2) Section 626.621(2), F.S. – suspension for 3 months.

(3) Section 626.621(3), F.S. – suspension for 3 months.

(4) Section 626.621(4), F.S. – suspension for 9 months.

(5) Section 626.621(5), F.S. – suspension for 6 months.

(6) Section 626.621(6), F.S. – No change.

(7) Section 626.621(7), F.S. – suspension for 6 months.

(8) Section 626.621(8), F.S. – suspension for 3 months. see Rule 69B-231.150, F.A.C.

(9) Section 626.621(9), F.S. – suspension for 6 3 months and re-exam.

(10) Section 626.621(10), F.S. – suspension for 3 6 months and re-exam.

(11) Section 626.621(11), F.S. – suspension for 6 3 months.

(12) Section 626.621(12), F.S. – suspension 6 months.

(13) Section 626.621(13), F.S.

(a) The maximum highest identical or substantially similar penalty to the penalty imposed by the court, state or federal agency, or national securities, commodities or options exchange or association for the same type of violation or, if not available, the highest substantially similar penalty to the penalty imposed.

1. A penalty of revocation, removal, lifetime bar prohibition, lifetime ban bar, or lifetime prohibition ban, or its the equivalent, or any suspension with a duration greater than 24 months, shall result in revocation; and,

2. A penalty of suspension with a duration of less than 24 months, shall result in a suspension of equal duration length.

(b) When substantially similar penalties are not available, the following penalties shall apply:

1. Penalties applicable to warnings, fines, or restitution, cease and desist orders, injunctions, censures, probations, license denials, and licensing restrictions, and similar situations:

a. Suspension for 6 months when A 6 month suspension if the order does not contain allegations or findings related to monetary loss, fraud, misappropriation, conversion, or unlawful withholding of money.

b. Suspension for 12 months when A 12 month suspension if the order contains allegations or findings related to monetary loss, fraud, misappropriation, conversion, or unlawful withholding of money.

2. Penalties applicable to cease and desist orders or injunctions:

a. A 6 month suspension if the order or injunction does not contain allegations or findings related to monetary loss, fraud, misappropriation, conversion, or unlawful withholding of money.

b. A 12 month suspension if the order or injunction contains allegations or findings related to monetary loss, fraud, misappropriation, conversion, or unlawful withholding of money.

3. Penalties applicable to censures, probations, license denials, licensing restrictions, and similar situations:

a. A 6 month suspension if the order does not involve allegations or findings related to monetary loss, fraud, misappropriation, conversion, or unlawful withholding of money.

b. A 12 month suspension if the order contains allegations or findings related to monetary loss, fraud, misappropriation, conversion, or unlawful withholding of money.

2.4. Penalties applicable to all other situations:

a. Suspension for 3 months when A 3 month suspension if the order does not contain allegations or findings related to monetary loss, fraud, misappropriation, conversion, or unlawful withholding of money.

b. Suspension for 9 months when A 9 month suspension if the order contains allegations or findings related to monetary loss, fraud, misappropriation, conversion, or unlawful withholding of money.

(13)(14) Section 626.621(13)(14), F.S. – 6 months suspension for 6 months.

(14) Section 626.621(14), F.S. – suspension for 6 months.

(15) Section 626.621(15), F.S –

(a) The maximum identical or substantially equivalent penalty to the penalty imposed by this state, any other state, any nation, any possession or district of the United States, any court, or any state or federal agency, for the same type of violation.

1. A penalty of revocation, removal, lifetime bar, lifetime ban, lifetime prohibition, or its equivalent, or any suspension with a duration greater than 24 months, shall result in revocation; and,

2. A penalty of suspension with a duration of less than 24 months shall result in a suspension of equal duration.

(b) When substantially similar penalties are not available, the following penalties shall apply:

1. Penalties applicable to warnings, fines, restitution, cease and desist orders, injunctions, censures, probations, license denials, and licensing restrictions:

a. Suspension for 6 months when the order does not contain allegations or findings related to monetary loss, fraud, misappropriation, conversion, or unlawful withholding of money.

b. Suspension for 12 months when the order contains allegations or findings related to monetary loss, fraud, misappropriation, conversion, or unlawful withholding of money.

2. Penalties applicable to all other situations:

a. Suspension for 3 months when the order does not contain allegations or findings related to monetary loss, fraud, misappropriation, conversion, or unlawful withholding of money.

b. Suspension for 9 months when the order contains allegations or findings related to monetary loss, fraud, misappropriation, conversion, or unlawful withholding of money.

Rulemaking Authority 624.308(1), 626.207(8) FS. Law Implemented 624.307(1), 624.308, 626.207, 626.621 FS. History–New 7-13-93, Formerly 4-231.090, Amended 8-15-06, 3-24-14,                            .

 

69B-231.100 Penalties for Violations of Subsections 626.621(6), 626.844(5), or Section 626.9541, F.S.

The following stated penalties shall apply for violations under If a licensee is found to have violated sections 626.621(6), 626.844(5),  or 626.9541, F.S., for by engaging in unfair methods of competition or in unfair or deceptive acts or practices, as defined in any of the following paragraphs of section 626.9541(1), F.S., the following stated penalty shall apply:

(1) Section Paragraph 626.9541(1)(a), F.S. – suspension for 12 months.

(2) Section Paragraph 626.9541(1)(b), F.S. – suspension for 6 months.

(3) Section Paragraph 626.9541(1)(c), F.S. – suspension for 3 months.

(4) Section Paragraph 626.9541(1)(d), F.S. – suspension for 3 months.

(5) Section Paragraph 626.9541(1)(e), F.S. – suspension for 6 months; except that the penalty for a violation of section subparagraph 626.9541(1)(e)1., F.S., shall be a suspension for of 12 months.

(6) Section Paragraph 626.9541(1)(f), F.S. – suspension for 3 months.

(7) Section Paragraph 626.9541(1)(g), F.S. – suspension for 6 months.

(8) Section Paragraph 626.9541(1)(h), F.S. – suspension for 6 months.

(9) Section Paragraph 626.9541(1)(i), F.S. – suspension for 6 months.

(10) Section Paragraph 626.9541(1)(j), F.S. – suspension for 3 months.

(11) Section Paragraph 626.9541(1)(k), F.S. – suspension for 9 months.

(12) Section Paragraph 626.9541(1)(l), F.S. – suspension for 12 months.

(13) Section Paragraph 626.9541(1)(m), F.S. – suspension for 3 months.

(14) Section Paragraph 626.9541(1)(n), F.S. – suspension for 6 months.

(15) Section Paragraph 626.9541(1)(o), F.S. – suspension for 6 months.

(16) Section Paragraph 626.9541(1)(p), F.S. – suspension for 3 months.

(17) Section Paragraph 626.9541(1)(q), F.S. – suspension for 3 months.

(18) Section Paragraph 626.9541(1)(r), F.S. – suspension for 3 months.

(19) Section Paragraph 626.9541(1)(s), F.S. – suspension for 3 months.

(20) Section Paragraph 626.9541(1)(t), F.S. – suspension for 3 months.

(21) Section Paragraph 626.9541(1)(u), F.S. – suspension for 9 months.

(22) Section Paragraph 626.9541(1)(v), F.S. – suspension for 3 months.

(23) Section Paragraph 626.9541(1)(w), F.S. – suspension for 6 months.

(24) Section Paragraph 626.9541(1)(x), F.S. – suspension for 6 months.

(25) Section Paragraph 626.9541(1)(y), F.S. – suspension for 6 months.

(26) Section Paragraph 626.9541(1)(z), F.S. – suspension for 6 months.

(27) Section Paragraph 626.9541(1)(aa), F.S. – suspension for 9 months.

(28) Section Paragraph 626.9541(1)(bb), F.S. – suspension for 3 months.

(29) Section Paragraph 626.9541(1)(cc), F.S. – suspension for 6 months.

(30) Section Paragraph 626.9541(1)(ee), F.S.  – suspension for 12 months.

(31) Section Paragraph 626.9541(1)(ff), F.S. – suspension for 12 months.

Rulemaking Authority 624.308(1), 626.207(8), 626.9957(12), 626.9958 FS. Law Implemented 624.307(1), 624.308(2), 626.207(2), 626.621, 626.844, 626.9541(1), 626.9957(4)(a) FS. History–New 7-13-93, Formerly 4-231.100, Amended 8-15-06, 8-12-10, 9-10-14,                            .

 

69B-231.105 Penalties for Violations of Section 626.8437, F.S.

The following stated penalties shall apply for violations under section 626.8437, F.S., where suspension or revocation of license(s) and appointment(s) is required:

(1) Section 626.8437(1), F.S. – revocation.

(2) Section 626.8437(2), F.S. –

(a) Suspension for 12 months if, had the license application been accurate, the application would have been granted, 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.

(3) Section 626.8437(3), F.S. – suspension for 9 months.

(4) Section 626.8437(4), F.S. – suspension for 6 months.

(5) Section 626.8437(5), F.S. – suspension for 6 months.

(6) Section 626.8437(6), F.S. – suspension for 12 months.

(7) Section 626.8437(7), F.S. – suspension for 12 months.

(8) Section 626.8437(8), F.S. – suspension for 9 months.

(9) Section 626.8437(9), F.S. – suspension for 6 months.

(10) Section 626.8437(10), F.S. – see Rule 69B-231.150, F.A.C.

(11) Section 626.8437(11), F.S. – suspension for 3 months.

Rulemaking Authority 624.308(1), 626.207(8) FS. Law Implemented 624.307(1), 624.308, 626.207, 626.8437 FS. History–New.

 

69B-231.106 Penalties for Violations of Section 626.844, F.S.

The following stated penalty shall apply for violations under section 626.844, F.S., regarding discretionary suspension or revocation of license(s) and appointment(s):

(1) Section 626.844(1), F.S. – revocation.

(2) Section 626.844(2), F.S. – suspension for 3 months.

(3) Section 626.844(3), F.S. – suspension for 3 months.

(4) Section 626.844(4), F.S. – suspension for 9 months.

(5) Section 626.844(5), F.S. – see Rule 69B-231.100, F.A.C.

(6) Section 626.844(6), F.S. – see Rule 69B-231.150, F.A.C.

Rulemaking Authority 624.308(1), 626.207(8) FS. Law Implemented 624.307(1), 624.308, 626.207, 626.844 FS. History–New.

 

69B-231.110 Penalties for Violations of Other Specific Provisions of the Florida Insurance Code.

The following stated penalties shall apply for violations If the licensee is found to have violated any of the following provisions of the Florida Insurance Code, the following stated penalty shall apply:

(1) Section Subsection 624.318(2), F.S. – suspension for 3 months.

(2) Section Subsection 626.112(2), F.S. – suspension for 3 months.

(3) Section 626.112(8), F.S. – suspension for 3 months.

(4) Section 626.311(4), F.S. – suspension for 3 months.

(5) Section 626.311(6) F.S. – suspension for 6 months.

(6) Section 626.331(2), F.S. – suspension for 3 months.

(7)(3) Section Subsection 626.342(1), F.S. – suspension for 3 months.

(8) Section 626.431(1), F.S. – suspension for 6 months.

(9)(4) Section 626.441, F.S. – suspension for 6 months.

(10) Section 626.451(6), F.S. – suspension for 3 months and an administrative fine of not less than $1,500.

(11) Section 626.471(2), F.S. – administrative fine of not less than $1,000.

(12)(5) Section 626.536, F.S. – administrative fine of not less than $1,500 for the first violation, and suspension for 3 of 2 months for the second and subsequent violations.

(13)(6) Section 626.541, F.S. – administrative fine of not less than $1,500 for the first violation, and suspension for 3 of 2 months for the second and subsequent violations.

(14)(7) Section 626.551, F.S. – administrative fine of not more than $250 for the first violation,; administrative fine of not less than $500 for the second violation, and an; administrative fine of not less than $500 and suspension for 3 2 months for the third and subsequent violations.

(15)(8) Section Subsection 626.561(1), F.S. – suspension for 9 months.

(16)(9) Section Subsection 626.561(2), F.S. – suspension for 3 months.

(17)(10) Section 626.572, F.S. – suspension for 3 months.

(18)(11) Section 626.591, F.S. – suspension for 6 months.

(19)(12) Section 626.593, F.S. – suspension for 3 months.

(20)(13) Section Subsection 626.601(2), F.S. – suspension for 3 months.

(21)(14) Section Subsection 626.631(1), F.S. – revocation.

(22)(15) Section Subsection 626.641(4), F.S. – revocation.

(23)(16) Section 626.7315, F.S. – suspension for 3 months.

(24) Section 626.7352, F.S. – suspension for 3 months.

(25) Section 626.7354(3), F.S. – suspension for 3 months.

(26) Section 626.7354(4), F.S. – suspension for 6 months.

(27) Section 626.7355(2), F.S. – suspension for 3 months.

(28) Section 626.7355(3), F.S. – suspension for 3 months.

(29) Section 626.7355(6), F.S. – suspension for 3 months.

(30) Section 626.7355(7), F.S. – suspension for 3 months.

(31)(17) Section Subsection 626.741(3), F.S. – suspension for 3 months.

(32)(18) Section Subsection 626.741(4), F.S. – suspension for 6 months.

(19) Section 626.747, F.S. – suspension 3 months.

(33)(20) Section 626.748, F.S.- suspension for 2 months.

(34) Section 626.749, F.S. – suspension for 3 months.

(35)(21) through (36)(22) No change.

(37)(23) Section 626.7845, F.S. – suspension for 3 months.

(38)(24) Section Subsection 626.792(3), F.S. – suspension for 3 months.

(39)(25) Section Subsection 626.792(6), F.S. – revocation.

(40)(26) Section 626.793, F.S. – suspension for 2 months.

(41)(27) Section 626.794, F.S. – suspension for 6 months.

(42)(28) Section 626.798, F.S. – suspension for 9 months.

(43)(29) Section 626.8305, F.S. – suspension for 3 months.

(44)(30) Section Subsection 626.835(3), F.S. – suspension for 3 months.

(45)(31) Section Subsection 626.835(6), F.S. – revocation.

(46)(32) Section 626.837, F.S. – suspension for 6 months.

(47)(33) Section 626.8373, F.S. – suspension for 6 months.

(48)(34) Section 626.838, F.S. – suspension for 6 months.

(49)(35) Section Subsection 626.901(1), F.S. – suspension for 12 months.

(50)(36) Section Subsection 626.901(2), F.S. – suspension for 12 months.

(51) Section 626.901, F.S. – revocation.

(52) Section 626.916(1), F.S. – suspension for 3 months.

(53) Section 626.916(4), F.S. – suspension for 3 months.

(54)(37) Section 627.4554, F.S. – suspension for 12 months.

(55)(38) Section 627.901, F.S. – suspension for 3 months.

(56)(39) No change.

Rulemaking Authority 624.308(1), 626.207(8), 626.536, 626.551, 626.9957(12), 626.9958, 627.4554(9) FS. Law Implemented 624.307(1), 624.308(2), 626.207(2), 626.611, 626.621, 626.681, 626.691, 626.9957(4)(a), 631.155 FS. History–New 7-13-93, Formerly 4-231.110, Amended 8-15-06, 8-12-10, 9-10-14,                            .

 

69B-231.115 Penalties for Violations of Section 626.9957, F.Slorida Statutes.

The following stated penalties shall apply for violations of If it is found that the navigator has violated any of the following subsections of sSection 626.9957, F.S., the following stated penalty shall apply:

(1) Section Paragraph 626.9957(2)(a), F.S. – suspension for 6 months.

(2) Paragraph 626.9957(2)(b), F.S. – suspension 6 months.

(2)(3) Section Paragraph 626.9957(3)(a), F.S. – suspension for 6 months.

(4) Paragraph 626.9957(3)(b), F.S. – suspension 6 months.

(5) Paragraph 626.9957(3)(c), F.S. – suspension 6 months.

(3)(6) Section Paragraph 626.9957(4)(c), F.S. – suspension for 6 months.

(4)(7) Section Paragraph 626.9957(4)(d), F.S. – revocation.

(5)(8) Section Paragraph 626.9957(4)(e), F.S. –

(a) Suspension for 12 months if, had the license application been accurate, the application would have been granted, 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) No change.

(6)(9) Section Paragraph 626.9957(4)(f), F.S. – revocation.

(7)(10) Section Paragraph 626.9957(4)(g), F.S. – see Rule 69B-231.150, F.A.C.

(8)(11) Section Paragraph 626.9957(4)(h), F.S. – suspension for 3 months revocation.

(9)(12) Section Paragraph 626.9957(4)(i), F.S. – suspension for 6 months.

(10)(13) Section Paragraph 626.9957(4)(j), F.S. – revocation.

Rulemaking Authority 626.9957(12), 626.9958 FS. Law Implemented 626.9957 FS. History‒New 9-10-14, Amended.

 

69B-231.120 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 violations of other If the licensee is found to have violated a provisions of the Florida Insurance Code or Department rules, the stated penalty, unless otherwise prescribed in these rules or in the code provision violated, shall be a six (6) month suspension for 6 months if the violation was willful, or shall be a three (3) month suspension for 3 months if the violation was non-willful.

Rulemaking Authority 624.308(1), 626.207(8), 626.9957(12) FS. Law Implemented 624.307(1), 624.308(2), 626.207(2), 626.611, 626.621, 626.9957(4)(a) FS. History–New 7-13-93, Formerly 4-231.120, Amended 8-15-06,                            .

 

69B-231.130 Penalties for Violation of Department Rules.

Rulemaking Authority 624.308(1), 626.9957(12) FS. Law Implemented 624.307(1), 624.308, 626.207(2), 626.611, 626.621, 626.9957(4)(a) FS. History–New 7-13-93, Formerly 4-231.130, Amended 8-15-06, Repealed              .

 

69B-231.140 Penalties for Violations of Department Orders.

Unless the penalty is specified in the Department’s order, the stated penalty for a violation of If a licensee is found to have violated a Department order, the stated penalty shall be a six (6) month suspension for 6 months if the violation was willful, or shall be a three (3) month suspension for 3 months if the violation was non-willful, unless the penalty is prescribed in the order itself; except that, if a licensee or an affiliated party transacts insurance in violation of an order of suspension, the penalty shall be revocation of license(s) and appointment(s) if the violation was willful, or shall be an additional suspension for of three (3) months if the violation was non-willful.

Rulemaking Authority 624.308(1), 626.9957(12) FS. Law Implemented 624.307(1), 624.308(2), 626.207(2), 626.611, 626.621, 626.9957(4)(a) FS. History–New 7-13-93, Formerly 4-231.140, Amended 8-15-06,                            .

 

69B-231.150 Criminal Proceedings.

(1) If While licensed by the Department, if a licensee was is convicted of, or been found guilty of, or has entered a plea of has pled 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, regardless of adjudication, the penalty shall be revocation or suspension for 24 months of all licenses and appointments held by the licensee. However, if the licensee is a title insurance agent, the penalty shall be revocation or suspension for 12 months of the title insurance agent license or appointment. The terms of suspension and revocation and the conditions for reapplying for licensure are contained in sections 626.641(2), 626.8443, and 626.207, F.S.

(2)(a) In accordance with section 626.207, F.S., any licensee, while licensed by the Department, that was is convicted or found guilty of, or entered a plea of has pled guilty or nolo contendere (no contest) to, regardless of adjudication or was found guilty of, 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, regardless of adjudication, 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. While licensed by the Department, any licensee that was is convicted or found guilty of, or entered a plea of has plead guilty or nolo contendere (no contest) to, regardless of adjudication or was found guilty of, a felony involving moral turpitude, and such felony is not specifically included in paragraph (2)(a) of this rule or section 626.207(2) (3), F.S., regardless of adjudication, 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 in accordance with Section 626.207, F.S., 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 beginning in accordance with Section 626.207, F.S., from that person’s final release from supervision or upon the completion date of the licensee’s that person’s criminal sentence, whichever occurs later including payment of fines, restitution, and court costs. 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 While licensed by the Department, any licensee that is convicted of, has pled guilty or nolo contendere (no contest) to, or was found guilty of, a felony not involving moral turpitude, regardless of adjudication, 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 7 -years, in accordance with Section 626.207, F.S.,. The disqualifying period shall start on the date of the licensee’s beginning from that person’s final release from supervision or upon the completion date of the licensee’s that person’s criminal sentence, whichever occurs later including payment of fines, restitution, and court costs for such crime. 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, the definitions of the terms “financial services business,” “felony of the first degree,” and “capital felony” contained in section 626.207, F.S., apply.

(3)(4) 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 626.611 and/or 626.621, F.S.:

(a) No change.

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

Rulemaking Authority 624.308(1), 626.207(8), 626.9957(12), 626.9958 FS. Law Implemented 624.307(1), 624.308(2), 626.207(2), 626.611, 626.621, 626.631, 626.631(1), 626.9954, 626.9957(4)(g) FS. History–New 7-13-93, Amended 9-23-02, Formerly 4-231.150, Amended 8-15-06, 11-6-13,                            .

 

69B-231.160 Aggravating/Mitigating Factors.

The Department shall consider the following aggravating and mitigating factors in order to determine and apply them to the total penalty in reaching the final penalty assessed against a licensee under this rule chapter. After consideration and application of these factors, the Department shall, if warranted by the Department’s consideration of the factors, either decrease or increase the penalty to any penalty authorized by law.

(1) For penalties other than those assessed under Rule 69B-231.150, F.A.C.:

(a) through (l) No change.

(m) Violation of any part of sections 626.9541 and 627.4554. F.S., in relation to the sale of a life insurance policy or annuity to a senior citizen.; and,

(n) Other relevant factors.

(2) For suspensions penalties assessed under Rule 69B-231.150, F.A.C., for violations of sections 626.611(1)(n)(14) and 626.621(8), F.S.:

(a) through (f) No change.

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

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

(i) Other relevant factors.

Rulemaking Authority 624.308(1), 626.207(8), 626.9957(12), 626.9958, 627.4554(9) FS. Law Implemented 624.307(1), 624.308(2), 624.310(5), 626.207(2), 626.611, 626.621, 626.631, 626.681, 626.8437, 626.844, 626.9541(1), 627.4554, 626.9954, 626.9957, 627.4554, 627.9957(4)(g) FS. History–New 7-13-93, Formerly 4-231.160, Amended 8-15-06, 8-12-10, 9-10-14,                            .

 

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: November 02, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 08/01/2018