15537, 69B-231.010 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15537

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Insurance Agent and Agency Services

Chapter:

PENALTY GUIDELINES FOR INSURANCE REPRESENTATIVES

Overview

RULE:

69B-231.010	Purpose
69B-231.020	Scope
69B-231.030	Definitions
69B-231.040	Calculating Penalty
69B-231.070	Prosecutorial Discretion
69B-231.080	Penalties for Violations of Section 626.611, F.S.
69B-231.090	Penalties for Violations of Section 626.621, F.S.
69B-231.100	Penalties for Violations of Sections 626.621(6), 626.844(5), or 626.9541, F.S.
69B-231.110	Penalties for Violations of Other Specific Provisions of the Florida Insurance Code
69B-231.120	Penalties for Violations of Other Florida Insurance Code Provisions
69B-231.130	Penalties for Violation of Department Rules (Repealed)
69B-231.140	Penalties for Violations of Department Order
69B-231.150	Criminal Proceedings
69B-231.160	Aggravating/Mitigating Factors

PURPOSE:

The purpose of the proposed rule development is to update the rules that govern suspension and revocation of licenses of insurance agents, customer representatives, service representatives and adjusters. The rules are updated by adding new regulations adopted by the Florida Legislature and deleting laws that have been repealed. The rules are also updated by increasing penalties for violating certain laws in order to reflect the Department’s experience in dealing with the frequency and severity of these violations. The purpose of other changes is to clarify the rules.

SUMMARY:

The amendment to Rule 69B-231.010, F.A.C., adds a reference to the Department’s authority that is contained in Section 626.201, F.S. Rule 69B-231.020, F.A.C., is amended to clarify which licenses are subject to the rule chapter and which are not. Rule 69B-231.030, F.A.C., is amended to correct a cross-reference. Rule 69B-231.040, F.A.C., is amended to provide that the Department may, rather than shall, impose a fine and probation in lieu of a suspension or revocation in certain circumstances. This corresponds to the law being implemented. Rule 69B-231.070, F.A.C., is amended to add specific authority and laws implemented. Rule 69B-231.080, F.A.C., is amended to increase the length of license suspension for violations of certain provisions of Section 626.611, F.S. Rule 69B-231.090, F.A.C., is amended to increase the length of license suspension for violations of certain provisions of Section 626.621, F.S. Rule 69B-231.100, F.A.C., is amended to increase the length of license suspension for violations of certain unfair and deceptive insurance practices and to add penalties for churning by life insurance agents and for use of financial institution names or logos in advertising by insurance agents. Rule 69B-231.110 is amended to increase the length of license suspension for violations certain other provisions of the Florida Insurance Code and to repeal penalties for violating the primary agent law which has been repealed. Rules 69B-231.120 and 69B-231.130, F.A.C., contain technical changes. Rule 69B-211.140, F.A.C., is amended to provide a penalty for willful violations of a Department order. Rule 69B-211.150, F.A.C., is amended to provide that revocation of a license is immediate upon a conviction of a felony and to eliminate unnecessary provisions relating to foreign crimes. The amendments to Rule 69B-211.160, F.A.C., are technical.

RULEMAKING AUTHORITY:

624.308(1), 626.207(2) FS.

LAW:

624.307(1), 626.308, 626.207(2), 626.611, 626.621, 626.631, 626.641, 626.681, 626.691, 626.9521, 626.9541, 626.9561, 626.9571, 626.9581 FS.

PRINT PUBLISH DATE:

1/6/2006 Vol. 32/01

COMMENTS:

From 1/6/2006 To 1/27/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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