Florida Regulations 69B-241.090: Penalties for Violation of Section 648.45, F.S.
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If it is found that the licensee has violated any of the following subsections of Florida Statutes § 648.45, for which suspension or revocation of license(s) and appointment(s) is authorized, the following stated penalty shall apply:
(1) Florida Statutes § 648.45(1) – Immediate temporary suspension of all licenses and appointments which shall continue if the licensee has been found guilty of, or has pleaded guilty or no contest to, the crime, whether or not a judgment or conviction has been entered, during a pending appeal.
(2) Section 648.45(2)(a), F.S. – Suspension until all qualifications have been met, or denial of application.
(3) Section 648.45(2)(b), F.S.
(a) Suspension for 12 months if, had the license application or appointing form been accurate, the application or appointment would have been granted, based on the statutes and Department licensing rules applicable at the time the Department issued the license or appointment, and the documentation in the applicant’s or licensee’s file at the time the Department issued the license or appointment.
(b) Revocation of license or eligibility to hold license if, had the license application or appointing form been accurate, the application or appointment would have been denied, based on the statutes and Department licensing rules applicable at the time the Department issued the license or appointment.
(4) Section 648.45(2)(c), F.S. – Denial of issuance of license.
(5) Section 648.45(2)(d), F.S. – Suspension for not less than 6 months up to 12 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(6) Section 648.45(2)(e), F.S. – Suspension for not less than 6 months up to 12 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(7) Section 648.45(2)(f), F.S. – Temporary suspension until licensee has successfully completed up to 14 hours of intermediate-level continuing education courses in bail bonds that have been approved by the department; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(8) Section 648.45(2)(g), F.S. – Suspension for not less than 1 month for each count for the first violation; suspension for not less than 12 months up to 24 months, for every violation subsequent to the first.
(9) Section 648.45(2)(h), F.S. – Suspension for not less than 1 month for each count, plus full restitution for the first violation; suspension for not less than 12 months up to 24 months, plus full restitution for every violation subsequent to the first.
(10) Section 648.45(2)(i), F.S. – Administrative fine equal to two times the amount paid or forgone for the first violation; suspension for not less than 6 months up to 12 months and an administrative fine equal to five times the amount paid or forgone, for every violation subsequent to the first.
(11) Section 648.45(2)(j), F.S. – Suspension for not less than 3 months for each rule, order or provision of the Florida Insurance Code violated for the first violation; suspension for not less than 12 months up to 24 months, for every violation subsequent to the first.
(12) Section 648.45(2)(k), F.S. – Revocation.
(13) Section 648.45(2)(l), F.S. – Suspension for not less than 3 months for the first violation; suspension for not less than 12 months up to 24 months every violation subsequent to the first.
(14) Section 648.45(2)(m), F.S. – Temporary suspension, which shall continue until all obligations have been performed for the first violation; temporary suspension, which shall continue until all obligations have been performed for every violation subsequent to the first.
(15) Section 648.45(2)(n), F.S. – An administrative fine equal to five times the dollar amount or value of the collateral as provided in Florida Statutes § 648.571(4), and a suspension for not less than 3 months for every violation.
(16) Section 648.45(2)(o), F.S. – Suspension for not less than 3 months up to 6 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(17) Section 648.45(2)(p), F.S. – Revocation.
(18) Section 648.45(3)(a), F.S.
(a) Suspension of license for not less than 6 months but not more than 12 months;
(b) Revocation of license and eligibility to hold a license if, had the license application or appointing form been accurate, the application or appointment would have been denied, based on the statutes and Department licensing rules applicable at the time the Department issued the license or appointment.
(19) Section 648.45(3)(b), F.S. – Denial of issuance of license and revocation of eligibility for licensure or appointment under Florida Statutes Chapter 648
(20) Section 648.45(3)(c), F.S. – Suspension for not less than 6 months up to 12 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(21) Section 648.45(3)(d), F.S.
(a) Temporary suspension which shall continue until all money belonging to any insurer has been fully paid to the proper insurer; and,
(b) Consecutive to the above, suspension for not less than 6 months up to 12 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(c) If the calculated penalty is greater than 2 years (24 months) the penalty shall be revocation.
(22) Section 648.45(3)(e), F.S. – Suspension for not less than 6 months up to 12 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(23) Section 648.45(3)(f), F.S. – Suspension for not less than 6 months up to 12 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(24) The period of suspension may not exceed 2 years (24 months) as required by Florida Statutes § 648.49(1)
(25) A person who has had his/her license suspended for 2 years (24 months) will need to re-apply for licensure as provided in Fl. Admin. Code R. 69B-241.200
Rulemaking Authority 624.308, 648.26(1)(a) FS. Law Implemented 624.307(1), 624.308, 648.26(1)(a), 648.45, 648.46, 648.49, 648.50, 648.52, 648.525, 648.53, 648.571 FS. History-New 2-23-12.
Terms Used In Florida Regulations 69B-241.090
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) Section 648.45(2)(a), F.S. – Suspension until all qualifications have been met, or denial of application.
(3) Section 648.45(2)(b), F.S.
(a) Suspension for 12 months if, had the license application or appointing form been accurate, the application or appointment would have been granted, based on the statutes and Department licensing rules applicable at the time the Department issued the license or appointment, and the documentation in the applicant’s or licensee’s file at the time the Department issued the license or appointment.
(b) Revocation of license or eligibility to hold license if, had the license application or appointing form been accurate, the application or appointment would have been denied, based on the statutes and Department licensing rules applicable at the time the Department issued the license or appointment.
(4) Section 648.45(2)(c), F.S. – Denial of issuance of license.
(5) Section 648.45(2)(d), F.S. – Suspension for not less than 6 months up to 12 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(6) Section 648.45(2)(e), F.S. – Suspension for not less than 6 months up to 12 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(7) Section 648.45(2)(f), F.S. – Temporary suspension until licensee has successfully completed up to 14 hours of intermediate-level continuing education courses in bail bonds that have been approved by the department; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(8) Section 648.45(2)(g), F.S. – Suspension for not less than 1 month for each count for the first violation; suspension for not less than 12 months up to 24 months, for every violation subsequent to the first.
(9) Section 648.45(2)(h), F.S. – Suspension for not less than 1 month for each count, plus full restitution for the first violation; suspension for not less than 12 months up to 24 months, plus full restitution for every violation subsequent to the first.
(10) Section 648.45(2)(i), F.S. – Administrative fine equal to two times the amount paid or forgone for the first violation; suspension for not less than 6 months up to 12 months and an administrative fine equal to five times the amount paid or forgone, for every violation subsequent to the first.
(11) Section 648.45(2)(j), F.S. – Suspension for not less than 3 months for each rule, order or provision of the Florida Insurance Code violated for the first violation; suspension for not less than 12 months up to 24 months, for every violation subsequent to the first.
(12) Section 648.45(2)(k), F.S. – Revocation.
(13) Section 648.45(2)(l), F.S. – Suspension for not less than 3 months for the first violation; suspension for not less than 12 months up to 24 months every violation subsequent to the first.
(14) Section 648.45(2)(m), F.S. – Temporary suspension, which shall continue until all obligations have been performed for the first violation; temporary suspension, which shall continue until all obligations have been performed for every violation subsequent to the first.
(15) Section 648.45(2)(n), F.S. – An administrative fine equal to five times the dollar amount or value of the collateral as provided in Florida Statutes § 648.571(4), and a suspension for not less than 3 months for every violation.
(16) Section 648.45(2)(o), F.S. – Suspension for not less than 3 months up to 6 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(17) Section 648.45(2)(p), F.S. – Revocation.
(18) Section 648.45(3)(a), F.S.
(a) Suspension of license for not less than 6 months but not more than 12 months;
(b) Revocation of license and eligibility to hold a license if, had the license application or appointing form been accurate, the application or appointment would have been denied, based on the statutes and Department licensing rules applicable at the time the Department issued the license or appointment.
(19) Section 648.45(3)(b), F.S. – Denial of issuance of license and revocation of eligibility for licensure or appointment under Florida Statutes Chapter 648
(20) Section 648.45(3)(c), F.S. – Suspension for not less than 6 months up to 12 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(21) Section 648.45(3)(d), F.S.
(a) Temporary suspension which shall continue until all money belonging to any insurer has been fully paid to the proper insurer; and,
(b) Consecutive to the above, suspension for not less than 6 months up to 12 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(c) If the calculated penalty is greater than 2 years (24 months) the penalty shall be revocation.
(22) Section 648.45(3)(e), F.S. – Suspension for not less than 6 months up to 12 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(23) Section 648.45(3)(f), F.S. – Suspension for not less than 6 months up to 12 months for the first violation; suspension for not less than 12 months up to 24 months for every violation subsequent to the first.
(24) The period of suspension may not exceed 2 years (24 months) as required by Florida Statutes § 648.49(1)
(25) A person who has had his/her license suspended for 2 years (24 months) will need to re-apply for licensure as provided in Fl. Admin. Code R. 69B-241.200
Rulemaking Authority 624.308, 648.26(1)(a) FS. Law Implemented 624.307(1), 624.308, 648.26(1)(a), 648.45, 648.46, 648.49, 648.50, 648.52, 648.525, 648.53, 648.571 FS. History-New 2-23-12.