Fla. Admin. Code R. 69O-207.001

Current through Reg. 50, No. 222; November 13, 2024

Section 69O-207.001 - Late Filed Reports - Fine Schedule

(1) The following schedule of fines is hereby adopted by the Commission as a guideline in assessing fines against the referenced entities for the late filing of annual reports or statements as required by law:

Entity	Per Day Fine	Maximum Fine
(a) Continuing Care (Sections 651.015(2)(c), 651.026(1), F.S.)	$50	None
(b) Health Maintenance Organizations (Section 641.26(4), F.S.)	$1,000 first 10 days $2,000 after 10 days	$100,000
(c) Prepaid Health Clinics (Section 641.41(2), F.S.)	$25 per day	None
(d) Multiple Employer Welfare Arrangements (Section 624.442(5), F.S.)	$1,000 first 10 days $2,000 after 10 days	$100,000
(e) Motor Vehicle Service Agreements (Sections 634.137(3), F.S.)	$100	None
(f) Home Warranty (Section 634.313(3), F.S.)	$100	None
(g) Premium Finance (Section 627.833, F.S.) (Rule 69O-196.007(2), F.A.C.)		$10,000
(h) Prepaid Legal (Section 642.0338(2), F.S.) (Rule 69O-201.012(2), F.A.C.)	$1,000, nonwillful $5,000, willful	$5,000, nonwillful $25,000, willful
(i) Service Warranty (Section 634.415(3), F.S.)	$100	None
(j) Insurance Administrators (Section 626.894(2), (3), F.S.)	$1,000, nonwillful $5,000, willful	$5,000, nonwillful $25,000, willful

(2) In assessing the fines provided in subsection (1), above, the Office will consider the following mitigating and aggravating factors:

(a) Mitigating:

1. The entity has given advance notice to the Office that it will be filing late.

2. Justifiable unforeseen cause not within control of entity.

3. The entity has timely submitted major portions of the report.

4. Other mitigating factors as the Office may determine on the facts of the particular situation.

(b) Aggravating:

1. The entity has not given prior notice to the Office that it will be filing late.

2. Adverse financial condition indicated when report is filed.

3. Past violations by the entity.

4. Willfully or intentionally failing to file the report.

5. Other aggravating factors as the Office may determine on the facts of the particular situation.

(3) The fines referenced in subsection (1), above, are in addition to any other penalties that may be allowed by law, including the summary suspension of authority to transact business until the report is filed.

(4) For purposes of this rule an annual report or statement, required by law, is deemed received by the Office on the date it is submitted electronically at http://www.floir.com/iportal.

Fla. Admin. Code Ann. R. 69O-207.001

Rulemaking Authority 624.308(1), 624.4431, 626.8991, 634.021, 634.302, 634.402, 641.36, 641.403, 651.015(3) FS. Law Implemented 624.307(1), 624.424, 624.442(5), 626.681(1)-(2), 626.894(2)-(3), 627.833, 634.137, 634.313(3), 634.415(3), 641.26(4), 641.41(2), 642.0338(2), 651.012(2)(c), 651.026(1) FS.

New 1-28-91, Formerly 4-120.001, 4-207.001, Amended by Florida Register Volume 43, Number 138, July 18, 2017 effective 7/30/2017, Amended by Florida Register Volume 50, Number 177, September 10, 2024 effective 9/26/2024.

New 1-28-91, Formerly 4-120.001, 4-207.001, Amended 7-30-17.