reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.106 - Penalties for Violations of Section 626.844, F.S

Current through Reg. 50, No. 138; July 16, 2024
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.
New 1-30-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.115 - Penalties for Violations of Section 626.9957, F.S

Current through Reg. 50, No. 138; July 16, 2024
The following stated penalties shall apply for violations of
				  section  626.9957, F.S.:
(1) Section
				 626.9957(2),
				F.S. - suspension for 6 months.
(2)
				Section  626.9957(3),
				F.S. - suspension for 6 months.
(3)
				Section  626.9957(4)(c),
				F.S. - suspension for 6 months.
(4)
				Section  626.9957(4)(d),
				F.S. - revocation.
(5) Section
				 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)
				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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.120 - Penalties for Violations of Other Florida Insurance Code Provisions

Current through Reg. 50, No. 138; July 16, 2024
Unless otherwise specified in this rule chapter or in the
				  code provision violated, the stated penalty for violations of other provisions
				  of the Florida Insurance Code or Department rules shall be a suspension for 6
				  months if the violation was willful, or shall be a 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,
					  626.207,
					  626.611,
					  626.621,
					  626.9957 FS.
New 7-13-93, Formerly 4-231.120, Amended 8-15-06,
					 1-30-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.130 - Penalties for Violation of Department Rules (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
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.
New 7-13-93, Formerly 4-231.130, Amended 8-15-06, Repealed
					 1-30-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.140 - Penalties for Violations of Department Order

Current through Reg. 50, No. 138; July 16, 2024
Unless the penalty is specified in the Department's order,
				  the stated penalty for a violation of a Department order, shall be a suspension
				  for 6 months if the violation was willful, or shall be a suspension for 3
				  months if the violation was non-willful; 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 3 months if the
				  violation was non-willful.
Rulemaking Authority
					 624.308(1),
					 626.9957(12)
					 FS. Law Implemented 624.307(1),
					 624.308,
					 626.207,
					 626.611,
					 626.621,
					 626.9957
					 FS.
New 7-13-93, Formerly 4-231.140, Amended 8-15-06,
					 1-30-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-231 - PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES › Section 69B-231.160 - Aggravating/Mitigating Factors

Current through Reg. 50, No. 138; July 16, 2024
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-231.150, F.A.C.:
(a) Willfulness of licensee's
				conduct;
(b) Degree of actual
				injury to victim;
(c) Degree of
				potential injury to victim;
(d) Age
				or capacity of victim;
(e)
				Restitution to victims;
(f)
				Motivation of licensee;
(g)
				Financial gain or loss to licensee;
(h) Financial loss to victim;
(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 626.9541 and 627.4554. F.S., in relation to
				the sale of a life insurance policy or annuity to a senior
				citizen.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.010 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
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,
				   634.320,
				   634.321,
				   634.322,
				   634.3225,
				   634.422,
				   634.423,
				   634.425,
				   642.041, and
				   642.043, 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.
New 11-10-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.020 - Scope

Current through Reg. 50, No. 138; July 16, 2024
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.
New 11-10-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.030 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
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) "Department" means the Department of
				Financial Services.
(5) "Final
				penalty" means the penalty imposed on a licensee by the Department.
(6) "License" shall have the meaning set
				forth in Section  120.52(10),
				F.S.
(7) "Licensee" means one who
				holds a license.
(8) "Penalty per
				count" means the penalty to be assessed for a single count and is the maximum
				stated penalty for a proven violation.
(9) "Stated penalty" means the penalty for
				violations set forth in Rules
				 69B-232.080 through
				 69B-232.150, F.A.C.
(10) "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,
					  634.181,
					  634.191,
					  634.320,
					  634.321,
					  634.422,
					  634.423,
					  642.041,
					  642.043 FS.
New 11-10-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.040 - Calculating Penalty

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.070 - Prosecutorial Discretion

Current through Reg. 50, No. 138; July 16, 2024
(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
				subsection  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.
New 11-10-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.080 - Penalties for Violations of Section 634.181, F.S

Current through Reg. 50, No. 138; July 16, 2024
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.085 - Penalties for Violations of Sections 634.191, F.S

Current through Reg. 50, No. 138; July 16, 2024
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,
					 626.207,
					 634.191
					 FS.
New 11-10-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.090 - Penalties for Violations of Section 634.320, F.S

Current through Reg. 50, No. 138; July 16, 2024
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.095 - Penalties for Violations of Section 634.321, F.S

Current through Reg. 50, No. 138; July 16, 2024
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,
					 626.207,
					 634.321
					 FS.
New 11-10-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.100 - Penalties for Violations of Section 634.422, F.S

Current through Reg. 50, No. 138; July 16, 2024
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.105 - Penalties for Violations of Section 634.423, F.S

Current through Reg. 50, No. 138; July 16, 2024
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,
					 626.207,
					 634.423
					 FS.
New 11-10-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.115 - Penalties for Violations of Section 642.041, F.S

Current through Reg. 50, No. 138; July 16, 2024
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.120 - Penalties for Violations of Section 642.043, F.S

Current through Reg. 50, No. 138; July 16, 2024
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,
					 626.207,
					 642.043
					 FS.
New 11-10-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.130 - Penalties for Violations of Other Specific Provisions of the Florida Insurance Code

Current through Reg. 50, No. 138; July 16, 2024
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,
					  634.095,
					  634.1815,
					  634.201,
					  634.319,
					  634.3205,
					  634.322,
					  634.421,
					  634.4225,
					  634.424 FS.
New 11-10-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.140 - Penalties for Violations of the Other Florida Insurance Code Provisions

Current through Reg. 50, No. 138; July 16, 2024
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.
New 11-10-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.150 - Criminal Proceedings

Current through Reg. 50, No. 138; July 16, 2024
(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 paragraph
				 69B-232.040(3)(a),
				F.A.C., and revocation or suspension for 12 months for the licensees specified
				in paragraph  69B-232.040(3)(b),
				F.A.C.
(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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-232 - PENALTY GUIDELINES FOR SALESPERSONS, SALES REPRESENTATIVES, AND OTHERS › Section 69B-232.160 - Aggravating/Mitigating Factors

Current through Reg. 50, No. 138; July 16, 2024
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) 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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-235 - SALE OF NON-INSURANCE PRODUCTS BY INSURANCE REPRESENTATIVES › Section 69B-235.003 - Sale of Certificates of Deposit

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Activities of licensed general lines and life insurance agents authorized by
				Section  517.12(21),
				F.S., are considered activities under the agents' licenses for purposes of
				Sections  626.611 and
				 626.621, F.S.
(2) In determining whether an agent has been
				a source of injury or loss to the public within the meaning of Section
				 626.621(6),
				F.S., the Office will consider the facts applicable to each transaction.
(a) Conduct determined by the Office of
				Financial Regulation to violate Sections
				 517.301 and
				 517.311, F.S., constitutes
				conduct that is a source of injury or loss to the public within the meaning of
				Section  626.621(6),
				F.S.
(b) The Office will apply the
				standards established in Chapter 626, Part IX, F.S., against engaging in unfair
				methods of competition or in unfair or deceptive acts or practices in the
				conduct of business under an agent's license, to agent transactions authorized
				under Section  517.12(21),
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-240 - MILITARY SALES PRACTICES › Section 69B-240.001 - Military Sales Practices

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose
				of this rule is to set forth standards to protect active duty service members
				of the United States Armed Forces from dishonest and predatory insurance sales
				practices by declaring certain identified practices to be false, misleading,
				deceptive, or unfair.
(2) Scope -
				This rule shall apply only to the solicitation or sale of any life insurance or
				annuity product by an insurance producer to an active duty service member of
				the United States Armed Forces.
(3)
				Exemptions - This rule shall not apply to solicitations or sales involving:
(a) Credit insurance;
(b) Group life insurance or group annuities
				where there is no in-person, face-to-face solicitation of individuals by an
				insurance producer or where the contract or certificate does not include a side
				fund;
(c) Individual stand-alone
				health policies, including disability income policies;
(d) Contracts offered by Servicemembers'
				Group Life Insurance (SGLI) or Veterans' Group Life Insurance (VGLI), as
				authorized by 38 U.S.C.
				Section 1965-1980A, which are
				hereby incorporated by reference;
(e) Life insurance contracts offered through
				or by a non-profit military association, qualifying under Section
				501(c)(23) of the
				Internal Revenue Code (IRC), and which are not underwritten by an insurer;
				or
(f) Contracts used to fund:
1. An employee pension or welfare benefit
				plan that is covered by the Employee Retirement and Income Security Act
				(ERISA);
2. A plan described by
				Sections 401(a),
				401(k),
				403(b),
				408(k) or
				408(p) of the
				IRC, which are hereby incorporated by reference, if established or maintained
				by an employer;
3. A government or
				church plan defined in Section
				414 of the IRC, which is hereby
				incorporated by reference, a government or church welfare benefit plan, or a
				deferred compensation plan of a state or local government or tax exempt
				organization under Section 457 of the IRC, which is hereby
				incorporated by reference;
4. A
				nonqualified deferred compensation arrangement established or maintained by an
				employer or plan sponsor;
5.
				Settlements of or assumptions of liabilities associated with personal injury
				litigation or any dispute or claim resolution process; or
6. Prearranged funeral
				contracts.
(g) Nothing
				herein shall be construed to abrogate the ability of nonprofit organizations
				(and/or other organizations) to educate members of the United States Armed
				Forces in accordance with Department of Defense (DoD) Instruction 1344.07
				Personal Commercial Solicitation on DoD Installations, which is hereby
				incorporated by reference.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.010 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is to implement the
				  Department's duty under sections
				   624.307(1)  and
				   648.26(1)(a),
				  F.S., to enforce sections
				   648.27,
				   648.285,
				   648.29,
				   648.295,
				   648.30,
				   648.33,
				   648.34,
				   648.355,
				   648.36,
				   648.365,
				   648.382,
				   648.387,
				   648.388,
				   648.40,
				   648.41,
				   648.421,
				   648.43,
				   648.44,
				   648.441,
				   648.442,
				   648.4425,
				   648.45,
				   648.50,
				   648.55, and
				   648.571, F.S., and all sections
				  of rule chapter 69B-221, F.A.C,. by establishing standards for penalties
				  described in those statutory and rule sections, and interpreting provisions in
				  those sections as they relate to penalties imposed upon licensees specified in
				  rule  69B-241.020,
				  F.A.C.
Rulemaking Authority
					 624.308,
					 648.26(1)(a)
					 FS. Law Implemented 624.307(1),
					 624.308,
					 648.26(1)(a)
					 FS.
New 2-23-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.020 - Scope

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter shall apply to all bail bond agents
				  licensed under chapter 648, F.S., who are subject to discipline under section
				   648.45, F.S.
Rulemaking Authority
					 624.308,
					 648.26(1)(a)
					 FS. Law Implemented 624.307(1),
					 624.308,
					 648.26(1)(a),
					 648.45
					 FS.
New 2-23-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.030 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
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
				charges" means charges consisting of factual allegations with citations to
				violations of the Florida Insurance Code, Department rules or orders grouped
				together in one or more counts.
(3)
				"Count" 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) "Department" means the Florida Department
				of Financial Services.
(5) "Final
				penalty" means the penalty imposed on a licensee by the Department.
(6) "Penalty per count" means the penalty to
				be assessed for a single count and is equal to the highest stated penalty in
				the count for all proven violations.
(7) "Reasonable distance" means the sign must
				be easily read from the center of the public street or road in front of the
				agency's location.
(8) "Stated
				penalty" means the penalty set forth in rules
				 69B-241.080 through
				 69B-241.150, F.A.C.
(9) "Total penalty" means the sum of the
				highest stated penalties for each count.
Rulemaking Authority
					 624.308,
					 648.26(1)(a)
					 FS. Law Implemented 624.307(1),
					 624.308,
					 648.26(1)(a),
					 648.45
					 FS.
New 2-23-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.040 - Calculating Penalty

Current through Reg. 50, No. 138; July 16, 2024
(1) Penalty Per
				Count.
(a) The Department is authorized to
				find that multiple grounds exist under section
				 648.45, F.S., for disciplinary
				action against the licensee based upon a single count in an administrative
				complaint which is based upon a single act of misconduct by a licensee.
				However, for the purpose of this rule chapter, only the violation specifying
				the highest stated penalty will be considered for that count. The highest
				stated penalty thus established for each count is referred to as the "penalty
				per count."
(b) The requirement for
				a single 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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.070 - Departmental Discretion

Current through Reg. 50, No. 138; July 16, 2024
(1) Stipulated
				Disposition. The provisions of this rule 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.
(2) Cease and Desist Actions. This rule
				chapter shall not preclude the Department from initiating an administrative
				action against licensed or unlicensed individuals for the purpose of imposing
				cease and desist and penalty orders authorized by section
				 626.9581, F.S.
(3) 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 where appropriate.
Rulemaking Authority
					 624.308,
					 648.26(1)(a)
					 FS. Law Implemented 624.307(1),
					 624.308,
					 648.26(1)(a),
					 648.45,
					 648.46,
					 648.49,
					 648.50,
					 648.52,
					 648.525,
					 648.53
					 FS.
New 2-23-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.090 - Penalties for Violation of Section 648.45, F.S

Current through Reg. 50, No. 138; July 16, 2024
If it is found that the licensee has violated any of the
				  following subsections of section
				   648.45, F.S., for which
				  suspension or revocation of license(s) and appointment(s) is authorized, the
				  following stated penalty shall apply:
(1) Section
				 648.45(1), F.S.
				- Immediate temporary suspension of all licenses and appointments which shall
				continue if the licensee has been found guilty of, or has pleaded guilty or no
				contest to, the crime, whether or not a judgment or conviction has been
				entered, during a pending appeal.
(2) Section
				 648.45(2)(a),
				F.S. - Suspension until all qualifications have been met, or denial of
				application.
(3) Section
				 648.45(2)(b),
				F.S.
(a) Suspension for 12 months if, had the
				license application or appointing form been accurate, the application or
				appointment would have been granted, based on the statutes and Department
				licensing rules applicable at the time the Department issued the license or
				appointment, and the documentation in the applicant's or licensee's file at the
				time the Department issued the license or appointment.
(b) Revocation of license or eligibility to
				hold license if, had the license application or appointing form been accurate,
				the application or appointment would have been denied, based on the statutes
				and Department licensing rules applicable at the time the Department issued the
				license or appointment.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.120 - Penalties for Violation of Other Insurance Code Provisions

Current through Reg. 50, No. 138; July 16, 2024
If the licensee is found to have violated a provision of the
				  Florida Insurance Code, the stated penalty, unless otherwise prescribed in
				  these rules or in the code provision violated, shall be a six (6) month
				  suspension if the violation was willful, or shall be a three (3) month
				  suspension if the violation was nonwillful.
Rulemaking Authority
					 624.308,
					 648.26(1)(a)
					 FS. Law Implemented 624.307(1),
					 624.308,
					 648.26(1)(a),
					 648.45
					 FS.
New 2-23-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.130 - Penalties for Violation of Other Department Rules

Current through Reg. 50, No. 138; July 16, 2024
If the licensee is found to have willfully violated a
				  Department rule, the stated penalty shall be a six (6) month suspension, unless
				  otherwise prescribed in these rules or in the specific rule
				  violated.
Rulemaking Authority
					 624.308,
					 648.26(1)(a)
					 FS. Law Implemented 624.307(1),
					 624.308,
					 648.26(1)(a),
					 648.45
					 FS.
New 2-23-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.140 - Penalties for Violation of Department Orders

Current through Reg. 50, No. 138; July 16, 2024
If a licensee is found to have violated a Department order,
				  the stated penalty shall be a six (6) month suspension, unless the penalty is
				  prescribed in the order violated itself.
Rulemaking Authority
					 624.308,
					 648.26(1)(a)
					 FS. Law Implemented 624.307(1),
					 624.308,
					 648.26(1)(a),
					 648.45
					 FS.
New 2-23-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.150 - Criminal Proceedings

Current through Reg. 50, No. 138; July 16, 2024
(1) If a licensee
				is convicted by a court of a violation of the Florida Insurance Code or a
				felony (regardless of whether or not such felony is related to a bail bond
				license), the penalty shall be revocation.
(2) If a licensee is not convicted of, but
				has been found guilty of or has pleaded guilty or nolo contendere to, a felony
				or a crime punishable by imprisonment of 12 months or more under the law of the
				United States of America or of any state thereof or under the law of any other
				country, which is a crime involving moral turpitude and is a crime involving
				breach of trust or dishonesty, the penalty shall be revocation.
(3) If a licensee is not convicted of, but
				has been found guilty of or has pleaded guilty or nolo contendere to, a felony
				or a crime punishable by imprisonment of 12 months or more under the law of the
				United States of America or of any state thereof or under the law of any other
				country, which is a crime involving moral turpitude or is a crime involving
				breach of trust or dishonesty, the penalty shall be revocation.
(4) If a licensee is not convicted of, but
				has been found guilty of or has pleaded guilty or nolo contendere to, a felony
				or a crime punishable by imprisonment of 12 months or more under the law of the
				United States of America or of any state thereof or under the law of any other
				country, which is not a crime involving moral turpitude and is not a crime
				involving breach of trust or dishonesty, the penalty shall be
				revocation.
Rulemaking Authority
					 624.308,
					 648.26(1)(a)
					 FS. Law Implemented 624.307(1),
					 624.308,
					 648.26(1)(a),
					 648.45,
					 648.46,
					 648.49,
					 648.50,
					 648.52,
					 648.525,
					 648.53
					 FS.
New 2-23-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.160 - Aggravating/Mitigating Factors

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				shall consider the following aggravating and mitigating factors 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.
(2) For penalties other than
				those assessed under rule
				 69B-241.150, F.A.C.:
(a) Willfulness of licensee's
				conduct;
(b) Degree of actual
				injury to victim;
(c) Degree of
				potential injury to victim;
(d) Age
				or capacity of victim;
(e)
				Restitution to victims;
(f)
				Motivation of licensee;
(g)
				Financial gain or loss to licensee;
(h) Financial loss to victim;
(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)
				Other relevant factors.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.165 - Imposition of Administrative Fine In Lieu of Suspension

Current through Reg. 50, No. 138; July 16, 2024
In lieu of suspension an administrative fine imposed pursuant
				  to section  648.52, F.S., shall be $1,000
				  per month of suspension.
Rulemaking Authority
					 624.308,
					 648.26(1)(a)
					 FS. Law Implemented 624.307(1),
					 624.308,
					 648.26(1)(a),
					 648.45,
					 648.46,
					 648.49,
					 648.50,
					 648.52,
					 648.525,
					 648.53
					 FS.
New 2-23-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-241 - PENALTY GUIDELINES FOR BAIL BOND AGENTS › Section 69B-241.170 - Field Office Settlement Stipulation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308,
					 624.310(5),
					 648.26(1)(a)
					 FS. Law Implemented  624.307(1),
					  624.308,
					  648.26(1)(a),
					  648.45,
					  648.46,
					  648.49,
					  648.50,
					  648.52,
					  648.525,
					  648.53 FS.
New 2-23-12, Repealed
					 6-13-23.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-250 - MEDIATORS › Section 69B-250.001 - Purpose and Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of
				this rule chapter is to establish mediator qualifications, specify grounds for
				the denial of applications, and specify grounds for the suspension or
				revocation of mediator approval.
(2) This rule chapter shall apply to all
				applicants for mediator approval and approved mediators participating in the
				property insurance claim mediation program pursuant to Section
				 627.7015, F.S., and in the motor
				vehicle insurance claim mediation program pursuant to Section
				 627.745,
				F.S.
Rulemaking Authority
					 627.7015(4),
					 627.745 FS. Law Implemented
					 627.7015,
					 627.745
					 FS.
New 8-16-17.