Section 69B-232.150 - Criminal Proceedings(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.Fla. Admin. Code Ann. R. 69B-232.150
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.
Adopted by Florida Register Volume 45, Number 211, October 29, 2019 effective 11/10/2019.