69B-211.042: Effect of Law Enforcement Records on Applications for Licensure
In Santana v. Department of Financial Services, Case No. 1D10-2744 (Fla. 1st DCA April 5, 2011), the Court affirmed the amended final order in Santana v. Department of Financial Services, Case No. 09-0829RX (Department of Administrative Hearings, April 29, 2010) striking as invalid exercises of delegated legislative authority: Paragraphs 69B-211.042(8)(a) and subparagraph 69B-211.042(17)(c)3., F.A.C.; the phrase in the last sentence of paragraph 69B-211.042(9)(a), F.A.C., “for each additional felony”; and the phrase in subsection 69B-211.042(21), F.A.C., “and are all of equal weight notwithstanding from which paragraph they are drawn.”