10746550, 69B-211.041 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10746550

Notice of Development of Rulemaking

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Insurance Agent and Agency Services

Chapter:

INSURANCE REPRESENTATIVES

Overview

RULE:

69B-211.041	Definitions
69B-211.042	Effect of Law Enforcement Records on Applications for Licensure

PURPOSE:

In the 2011 Legislative Session, Section 626.207, F.S., was amended to change the way that the criminal history of an applicant affects an application for insurance agent licensure. This rule amendment conforms the Department’s rule to the revised statute. In Rule 69B-211.041, F.A.C., several definitions are deleted because they are no longer needed based on the rewrite to Rule 69B-211.042, F.A.C. Other definitions are revised to provide simplicity and clarity. Rule 69B-211.042, F.A.C., is amended to delete language that is inconsistent with Section 626.207, F.S. as amended. Subsection (1) establishes the process for submission of documentation related to the applicant’s law enforcement record. Subsection (2) addresses the effect of failure to fully disclose a Law Enforcement Record. Subsection (3) establishes disqualification periods based on the nature of the crime in a record. Subsection (4) provides increased disqualification periods where an applicant has a record of multiple crimes. Subsection (5) identifies mitigating factors used to reduce disqualifying periods. Subsection (6) identifies aggravating factors used to increase disqualification periods. Subsection (7) prohibits collateral attack of criminal proceedings. Subsection (8) provides that the pendency of a criminal appeal does not affect the consideration of a criminal record for licensure. Subsection (9) provides that the Department will not grant a license to a person in a pre-trial intervention program. Subsection (10) addresses the effect of sealing or expunging of criminal records. Subsection (11) addresses the effect of a pardon. Subsection (12) clarifies the effect of varying terminology found in the law enforcement record documentation. Subsection (13) prohibits licensure of applicants imprisoned, under arrest, in custody, under supervision, or serving a sentence. Subsection (14) provides that passage of a disqualification period does not create an entitlement to a license. Subsection (15) addresses how foreign law enforcement records affect a licensure application. The existing crime classification system is being removed to conform to revisions to Section 626.207, F.S.

SUBJECT:

The effect of law enforcement records on insurance agent licensure.

RULEMAKING AUTHORITY:

624.308, 626.207 FS.

LAW:

112.011, 624.307(1), 626.161, 626.171, 626.201, 626.207, 626.211, 626.291, 626.601, 626.611(7), (14), 626.621(8), 626.631, 626.641 FS.

PRINT PUBLISH DATE:

12/9/2011 Vol. 37/49

RELATED STATUTES
AND LAWS:

624.308, 626.207 FS., 112.011, 624.307(1), 626.161, 626.171, 626.201, 626.207, 626.211, 626.291, 626.601, 626.611(7), (14), 626.621(8), 626.631, 626.641 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=69B-211.041&PDate=12/9/2011&Section=1

REFERENCE MATERIALS:

No reference(s).

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