Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-211 - INSURANCE REPRESENTATIVES › Section 69B-211.042 - Effect of Law Enforcement Records on Applications for Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purposes of this rule chapter,
				the following definitions will apply:
(a)
				"Applicant" means an individual applying for licensure or relicensure under
				Chapter 626, 634, or 642, F.S., and an officer, director, majority owner,
				partner, manager, or other person who manages or controls an entity applying
				for licensure or relicensure under Chapter 626, 634, or 642, F.S.
(b) "Application" or "application process"
				refers to an application for licensure procedurally processed under Chapter
				626, 634, or 642, F.S.
(c) "Charge"
				or "charges" refers to the official allegations contained in the official
				document setting out the crimes that an applicant is alleged to have committed,
				including an "information," "indictment," or other document that specifies the
				charges against an applicant.
(d)
				"Felony" means and includes any crime of any type, whether or not related to
				insurance, which crime is designated as a "felony" by statute in the
				jurisdiction of prosecution, or designated as a "felony" in the charges. If a
				crime is a felony in the jurisdiction of prosecution, it will be treated as a
				felony under this rule notwithstanding that the same activity is not a felony
				in Florida. The term "felony" includes felonies of all degrees.
(e) "Financial services business" means any
				financial activity regulated by the Department of Financial Services, the
				Office of Insurance Regulation, or the Office of Financial
				Regulation.
(f) "Law enforcement
				record" includes the following:
1. Any
				criminal charge filed against the applicant in the courts of any state or
				federal district or territory, or other country, for which the applicant pled
				guilty or no contest, regardless of whether there was an adjudication of guilt
				by the court, or for which the applicant was found guilty, and regardless of
				whether the matter is under appeal by the applicant; and,
2. Criminal charges that were subsequently
				pardoned or for which civil rights have been restored. The phrase includes
				criminal charges which, at the time of the application, are under an order to
				seal by a court of competent jurisdiction; and
3. All criminal charges against the
				applicant, whether by information or other charging document, even where no
				formal determination of disposition has been made.
(g) "Misdemeanor" means and includes any
				crime of any type which is designated as a "misdemeanor" by statute in the
				jurisdiction of prosecution, or is so designated in the charges. If a crime is
				considered a misdemeanor in the jurisdiction of prosecution, it will be treated
				as a misdemeanor under this rule chapter notwithstanding that the same activity
				is not a misdemeanor in Florida. The term includes misdemeanors of all
				degrees.
(h) "Pre-trial
				intervention" refers to a program operated under Section
				 948.08, F.S., or a similar
				program in the state of Florida or any other jurisdiction.