Current through Reg. 50, No. 187; September 24, 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 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 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,
626.8443, and
626.207, F.S.
(2)
(a) In
accordance with section
626.207, F.S., any licensee that
was convicted or found guilty, 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, 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.
(b) 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 felony involving
moral turpitude not specifically included in paragraph (2)(a) of this rule or
section 626.207(2),
F.S., 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 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 final release
from supervision or the completion date of the licensee's criminal sentence,
whichever occurs later. 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, a felony not involving
moral turpitude, 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. The disqualifying period shall start on the date
of the licensee's final release from supervision or the completion date of the
licensee's criminal sentence, whichever occurs later. 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, 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
626.621, F.S.:
(a) Whether the crime would be a felony under
the laws of the United States or any state within the United States;
and,
(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,
626.207,
626.611,
626.621,
626.631,
626.9954,
626.9957 FS.
New 7-13-93, Amended 9-23-02, Formerly 4-231.150, Amended
8-15-06, 11-6-13, 1-30-19.
