Notice of Disposition of Petition for Administration Determination Filed Regarding Santana v. Department of Financial Services
Sep 13, 2011
The Florida Department of Financial Services Division of Agent and Agency Services filed a Notice of Disposition of Petition for Administration Determination (“Notice”) for Rule 69B-211.042, “Effect of Law Enforcement Records on Applications for Licensure,” on September 9, 2011.
In Santana v. Department of Financial Services, Case No. 1D10-2744 (Fla. 1st DCA April 5, 2011), the First District Court of Appeal affirmed the amended final order in Santana v. Department of Financial Services, Case No. 09-0829RX (Division 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.”
Amendments made to Section 626.207, F.S. during the 2011 Florida Regular Legislative Session became effective on June 17, 2011. The statute section supersedes Rule 69B-211.042 where the statute and Rule conflict.
To view the Notice, click here.
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