Section 69B-231.070 - Prosecutorial Discretion(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 Rule 69B-231.160, F.A.C.(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.Fla. Admin. Code Ann. R. 69B-231.070
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.
New 7-13-93, Formerly 4-231.070, Amended 8-15-06, Repromulgated by Florida Register Volume 40, Number 166, August 26, 2014 effective 9/10/2014, Amended by Florida Register Volume 45, Number 010, January 15, 2019 effective 1/30/2019.New 7-13-93, Formerly 4-231.070, Amended 8-15-06, Repromgulated 9-10-14, Amended 1-30-19.