Florida Regulations 69B-231.070: Prosecutorial Discretion
Current as of: 2024 | Check for updates
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(1) Letter of Guidance. Every violation of the Florida Insurance Code, Department rules, or an order of the Department will not necessarily result in the imposition of disciplinary action against the licensee. The Department is authorized to close all or part of an investigation by issuing a letter of guidance or caution to the licensee, if warranted upon consideration of the factors set forth in subsection (1) of Fl. Admin. Code R. 69B-231.160
(2) Stipulated Disposition. The provisions of this rule chapter are not intended and shall not be construed to limit the ability of the Department to informally dispose of disciplinary actions by stipulation, agreed settlement, or consent order.
(3) Cease and Desist Action. The provisions of this rule chapter shall not preclude the Department from initiating administrative action against licensed or unlicensed individuals for the purpose of imposing a cease and desist and penalty order, as authorized under sections 624.310 and 626.9581, F.S.
(4) Collateral Action. The provisions of this rule chapter are not intended and shall not be construed to limit the ability of the Department to pursue or recommend collateral, civil, or criminal action when appropriate.
Rulemaking Authority 624.308(1), 626.9957(12), 626.9958 FS. Law Implemented 624.307(1), 624.308, 624.310(3), 626.207, 626.611, 626.621, 626.681, 626.691, 626.9521, 626.9561, 626.9571, 626.9581, 626.9957 FS. History-New 7-13-93, Formerly 4-231.070, Amended 8-15-06, Repromgulated 9-10-14, Amended 1-30-19.
Terms Used In Florida Regulations 69B-231.070
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(3) Cease and Desist Action. The provisions of this rule chapter shall not preclude the Department from initiating administrative action against licensed or unlicensed individuals for the purpose of imposing a cease and desist and penalty order, as authorized under sections 624.310 and 626.9581, F.S.
(4) Collateral Action. The provisions of this rule chapter are not intended and shall not be construed to limit the ability of the Department to pursue or recommend collateral, civil, or criminal action when appropriate.
Rulemaking Authority 624.308(1), 626.9957(12), 626.9958 FS. Law Implemented 624.307(1), 624.308, 624.310(3), 626.207, 626.611, 626.621, 626.681, 626.691, 626.9521, 626.9561, 626.9571, 626.9581, 626.9957 FS. History-New 7-13-93, Formerly 4-231.070, Amended 8-15-06, Repromgulated 9-10-14, Amended 1-30-19.