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 (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.
(2)
(a) 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 first degree felony,
a capital felony, a felony involving money laundering, felony 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. "Felony
directly related to the financial services business" shall have the same
meaning set forth in paragraph
69B-211.042(3)(b),
F.A.C.
(b) In accordance with
Section 626.207, F.S., any licensee that
was convicted or found guilty of, 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 seven (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
634.181(11),
634.191(6),
634.320(11),
634.321(6),
634.422(11),
634.423(6),
642.041(11) and
642.043(6),
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,
626.207,
634.021,
634.302,
634.402 FS. Law Implemented
624.307,
624.308,
626.207,
626.641,
634.171,
634.181,
634.191,
634.318,
634.320,
634.321,
634.3225,
634.420,
634.422,
634.423,
634.425,
642.036,
642.041,
642.043 FS.
New 11-10-19.
