5N-1.113. Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances  


Effective on Thursday, September 24, 2020
  • 1(1) Purpose. This rule sets forth disciplinary guidelines used by the division when imposing penalties authorized under chapter 493, F.S. The guidelines notify applicants and licensees of the range of penalties which are routinely imposed unless the division finds it necessary to deviate based on aggravating and mitigating circumstances established within this rule.

    54(2) Violations.

    56(a) This rule provides general descriptions of offenses common to provisions of chapter 493, F.S. The complete language of each statutory violation should be reviewed to determine all the conduct included.

    87(b) 88This rule does not and is not intended to encompass all possible violations of statute or rule. The absence from this rule of a violation should not be construed as an indication that the violation does not cause harm to the public or is not subject to a penalty. In any instance where a violation is not listed in this rule, the penalty will be determined by consideration of:

    1571. The closest analogous violation, if any, and

    1652. Aggravating and mitigating circumstances.

    170(3) Aggravating and Mitigating Circumstances.

    175In proceedings pursuant to sections 180120.57(1) 181and (2), F.S., the division will impose a penalty within the range corresponding to the violations as set forth below. The ranges are guidelines to which the division will refer in determining the level of the penalty. Penalty ranges are based on a single occurrence of each violation listed. 230Multiple occurrences of a violation, or a combination of different violations, will be added together to determine the total penalties to be assessed and can be grounds for enhancement of penalties. 261The division will consider any applicable aggravating or mitigating circumstances when imposing a penalty within or outside the guideline range as permitted by section 285493.6118(2), F.S. 287The division considers the following as aggravating or mitigating circumstances: 

    297(a)  The violation was intentional, negligent, or malicious;

    305(b) The danger to public safety or welfare caused by the violation;

    317(c) The amount of damage to persons or property caused by the violation;

    330(d) The duration of the violation;

    336(e) The length of time the violator has been licensed;

    346(f) The violator’s disciplinary history;

    351(g) Subsequent remedial or corrective measures taken by the violator;

    361(h) The deterrent effect of the penalty imposed;

    369(i) Whether the violation occurred while the violator was on probation;

    380(j) 381Substantiated actions by another party preventing the violator from complying with applicable laws or rules;

    396(k) Acts of God or nature that impaired the violator's ability to comply with applicable laws and rules;

    414(l) Any other relevant aggravating or mitigating circumstances.

    422(4) Additional remedies. 

    425(a) The provisions of this rule are not intended and shall not be construed to limit the ability of the division to:

    4471. Informally dispose of disciplinary actions by guidance or compliance letters, or by stipulation, agreed settlement, or consent order.

    4662. Pursue or recommend collateral civil or criminal action if appropriate.

    477(b) In addition to the penalties established in this rule the division reserves the right to recover any penalties, attorneys' fees, court costs, service fees, collection costs, costs resulting from a payment to the division that is returned for insufficent funds, or damages, as permitted by law. 

    524(5) Final Orders.  A violator’s failure to comply with a final order that imposes penalties, shall result in denial of a license application, or revocation of existing chapter 493 licenses pursuant to section 557493.6118(2)(a) 558and (e), F.S. This is in addition to suspension of licenses under section 571493.6118(6), F.S., 573for nonpayment of fines.  Additional penalties as stated within (4)(b) of this rule, can be sought by the division through enforcement of the final order in circuit court.

    601(6) The disciplinary guidelines for violations committed by agencies are as follows:

    613VIOLATION

    614RANGE OF PENALTIES

    617(a) Failure to maintain a physical location in Florida.

    626(Section 627493.6106(2), F.S.629)

    630(a) From an administrative fine of $250-$650 to suspension, revocation or denial of license.

    644(b) Failure to timely notify the division of a change of address.

    656(Section 657493.6106(2)(a), F.S.659)

    660(b) From an administrative fine of $150-$350 to probation or one month’s suspension of license.

    675(c) Failure to post a license or disclosure notice.

    684(Section 685493.6106(2)(b), 686(c), F.S.)

    688(c) From a reprimand to an administrative fine of $50-$150.

    698(d) Failure to immediatelynotify the division of cancellation of liability insurance.

    709(Section 710493.6110(2), F.S.712)

    713(d) An administrative fine of $150-$350.

    719(e) Failure to issue identification cards to licensed employees.

    728(Section 729493.6111(5), F.S.731)

    732(e) An administrative fine of $50-$150 per employee.

    740(f) Failure to notify the division of changes in corporate officers.

    751(Section 752493.6112(1), F.S.754)

    755(f) From an administrative fine of $150-$350 to one month’s suspension of license.

    768(g) Failure to electronically report the hiring or termination of a licensed employee within 15 calendar days.

    785(Section 786493.6112(2), F.S., 788and Rule 5N-1.142(1), F.A.C.)

    792(g) From an administrative fine of $50-$150 to probation.

    801(h) Allowing an employee to carry a weapon which is not required by the employee’s duties.

    817(Section 818493.6118(1)(f), F.S.820)

    821(h) From an administrative fine of $300-$700 to probation or one month’s suspension of license.

    836(i) Allowing an employee to carry a firearm or ammunition not authorized by the division.

    851(Section 852493.6118(1)(f), F.S.854)

    855(i) From an administrative fine of $300-$700 to probation.

    864(j) Failure to timely notify the division of the discharge of a firearm.

    877(Section 878493.6115(9), F.S.880)

    881(j) From an administrative fine of $300-$700 to probation or one month’s suspension of license.

    896(k) Conducting or advertising regulated activities under an unauthorized fictitious name.

    907(Section 908493.6118(1)(b), F.S.910)

    911(k) From an administrative fine of $200-$400 to one month’s suspension of license.

    924(l) Making a false statement regarding an individual’s employment status.

    934(Section 935493.6118(1)(d), F.S.937)

    938(l) From an administrative fine of $250-$750 to one month’s suspension of license.

    951(m) Failure to direct or supervise an armed employee.

    960(Section 961493.6118(1)(f), F.S.963)

    964(m) From an administrative fine of $250-$750 to probation or one month’s suspension of license.

    979(n) Conducting or advertising the business of an agency without a valid license or with an inactive license.

    997(Section 998493.6118(1)(g), F.S.1000)

    1001(n) From an administrative fine of $250-$750 to revocation or denial of license.

    1014(o) Conducting or advertising the business of an agency after suspension or revocation of a license.

    1030(Section 1031493.6118(1)(g), F.S.1033)

    1034(o) From an administrative fine of $500-$1,000 to revocation or denial of license.

    1048(p) Conducting or advertising the business of a branch office without a valid license.

    1062(Section 1063493.6118(1)(g), F.S.1065)

    1066(p) From an administrative fine of $200-$600 to probation.

    1075(q) Advertising or conducting regulated activity without liability insurance.

    1084(Section 1085493.6118(1)(h), F.S.1087)

    1088(q) From an administrative fine of $200-$700 to probation or denial of license (in addition to suspension during uninsured period).

    1108(r) Permitting or aiding an employee to impersonate a law enforcement officer or government employee.

    1123(Section 1124493.6118(1)(i), F.S.1126)

    1127(r) From an administrative fine of $300-$700 or probation to one month’s suspension of license.

    1142(s) Allowing a security officer employee to perform regulated activities without a proper uniform.

    1156(Sections 1157493.6118(1)(f), 1158493.6305(1), F.S.1160)

    1161(s) From an administrative fine of $250-$500 to probation.

    1170(t) Violation of a cease and desist order issued by the division.

    1182(Section 1183493.6118(1)(k), F.S.1185)

    1186(t) From an administrative fine of $500-$1,000 to revocation or denial of license.

    1200(u) Employing an unlicensed unarmed private investigator, security officer or recovery agent.

    1212(Section 1213493.6118(1)(n), F.S.1215)

    1216(u) An administrative fine of $250-$500.

    1222(v) Employing an unlicensed armed security officer or private investigator.

    1232(Section 1233493.6118(1)(n), F.S.1235)

    1236(v) From an administrative fine of $300-$700 to probation or one month’s suspension of license.

    1251(w) Advertising or conducting regulated activity without a properly licensed manager.

    1262(Section 1263493.6118(1)(n), F.S.1265)

    1266(w) From an administrative fine of $200-$400 to probation.

    1275(x) Failure to maintain business records for two years.

    1284(Section 1285493.6121(2), F.S.1287)

    1288(x) From an administrative fine of $200-$700 to one month’s suspension of license.

    1301(y) Unauthorized use of the Great Seal of the State of Florida.

    1313(Section 1314493.6124, F.S.1316)

    1317(y) An administrative fine of $150-$350.

    1323(7) The disciplinary guidelines for violations committed by individuals are as follows:

    1335VIOLATION

    1336RANGE OF PENALTIES

    1339(a) Failure to notify the division of a change of address.

    1350(Section 1351493.6106(3), F.S.1353)

    1354(a) An administrative fine of $50-$250.

    1360(b) Failure to return agency identification card or equipment to employer upon termination.

    1373(Sections 1374493.6111(5)(c), 1375493.6118(1)(f), F.S.1377)

    1378(b) From an administrative fine of $100-$500 to suspension or denial of license.

    1391(c) Carrying a weapon which is not required by the licensee’s duties.

    1403(Section 1404493.6115(3), F.S.1406)

    1407(c) From an administrative fine of $250-$450 or probation to suspension or denial of license.

    1422(d) Carrying a firearm or ammunition not authorized by the division.

    1433(Section 1434493.6115(6), F.S.1436)

    1437(d) From an administrative fine of $150-$350 or probation to suspension or denial of the Class “G” Statewide Firearm License.

    1457(e) Failure to timely notify the division of the discharge of a firearm.

    1470(Section 1471493.6115(9), F.S.1473)

    1474(e) From an administrative fine of $250-$650 or probation to one month’s suspension or denial of license.

    1491(f) Conviction of or adjudication of guilt withheld on a crime directly related to the business for which the license is held.

    1513(Section 1514493.6118(1)(c), F.S.1516)

    1517(f) Revocation or denial of license.

    1523(g) Unauthorized release of confidential information or of a professional secret.

    1534(Section 1535493.6118(1)(e), F.S.1537)

    1538(g) From an administrative fine of $250-$750 to one month’s suspension of license.

    1551(h)The improper exhibition of a firearm, as defined in Section 1561790.10

    1562(Section 1563493.6118(1)(f), F.S.1565)

    1566(h) From an administrative fine of $250-$500 or probation to one month’s suspension or denial of license.

    1583(i) Careless or improper handling of a firearm resulting in a discharge.

    1595(Section 1596493.6118(1)(f), F.S.1598)

    1599(i) From an administrative fine of $300-$700 or probation to three month’s suspension or denial of license.

    1616(j) Firing an unjustifiable warning shot while on duty.

    1625(Section 1626493.6118(1)(f), F.S., 1628see also: section 1631776.012, F.S.1633)

    1634(j) From an administrative fine of $350-$750 or probation to three month’s suspension or denial of license.

    1651(k) Performing regulated activities without a valid license or with an Inactive license.

    1664(Section 1665493.6118(1)(g), F.S.1667)

    1668(k) From an administrative fine of $100-$300 to denial of license.

    1679(l) Performing regulated activities after suspension or revocation of a license.

    1690(Section 1691493.6118(1)(g), F.S.1693)

    1694(l) From an administrative fine of $200-$600 to revocation or denial of license.

    1707(m) Impersonating a law enforcement officer or government employee.

    1716(Section 1717493.6118(1)(i), F.S.1719)

    1720(m) From an administrative fine of $500-$1,000 to suspension, revocation or denial of license.

    1735(n) Commission of an act of violence not in the lawful protection of one’s self or another.

    1752(Section 1753493.6118(1)(j), F.S.1755)

    1756(n) From probation to suspension, revocation or denial of license.

    1766(o) Violation of a cease and desist order issued by the division.

    1778(Sections 1779493.6118(1)(k), 1780493.6120(5), F.S.1782)

    1783(o) From an administrative fine of $500 to $1,000 to revocation or denial of license.

    1799(p) Soliciting business for an attorney for compensation.

    1807(Section 1808493.6118(1)(l), F.S.1810)

    1811(p) From an administrative fine of $150-$350 or probation to one month’s suspension of license.

    1826(q) Failure or refusal to cooperate with a division investigator.

    1836(Section 1837493.6118(1)(o), F.S.1839)

    1840(q) From an administrative fine of $300-$700 to three month’s suspension or denial of license.

    1855(r) Failure to carry an agency identification card while on duty.

    1866(Section 1867493.6118(1)(p), F.S.1869)

    1870(r) An administrative fine of $50-$150.

    1876(s) Failure to carry a license while on duty.

    1885(Section 1886493.6118(1)(q), F.S.1888)

    1889(s) From an administrative fine of $50-$250 to probation.

    1898(t) Failure of a sponsor to timely certify the progress, completion or termination of an internship.

    1914(Section 1915493.6118(1)(r), F.S.1917)

    1918(t) From an administrative fine of $150-$350 to probation.

    1927(u) Unauthorized use of the Great Seal of the State of Florida.

    1939(Section 1940493.6124, F.S.1942)

    1943(v) Falling asleep while on duty.

    1949(Section 1950493.6118(1)(f), F.S.1952)

    1953(w) Abandoning post while on duty.

    1959(Section 1960493.6118(1)(f), F.S.1962)

    1963(x) Conviction for, or adjudication of guilt withheld on, a crime directly related to the business for which the license is held.

    1985(Section 1986493.6118(1)(c), F.S., 1988and Rule 5N-1.114, F.A.C.)

    1992(u) An administrative fine of $100-$200.

     

    1998(v) From a reprimand to an administrative fine of $150 to $300 to probation or three months suspension.

    2016(w) From an administrative fine of $150-500 to probation or three months suspension.

    2029(x) Revocation or denial of license.

    2035(8) In addition to the disciplinary guidelines set forth in subsections (6) and (7), guidelines for violations committed by recovery agencies, agents and interns are as follows:

    2062VIOLATION

    2063RANGE OF PENALTIES

    2066(a) Performing a repossession before authorization from the legal owner or mortgagee.

    2078(Section 2079493.6118(1)(x)1., F.S.2081)

    2082(a) From an administrative fine of $200-$700 or probation to one month’s suspension of license.

    2097(b) Charging for expenses not actually incurred.

    2104(Section 2105493.6118(1)(x)2., F.S.2107)

    2108(b) From an administrative fine of $150-$300 to probation or one month’s suspension of license.

    2123(c) Using recovered property for personal benefit.

    2130(Section 2131493.6118(1)(x)3., F.S.2133)

    2134(c) From an administrative fine of $300-$700 to one month’s suspension or denial of license.

    2149(d) Selling recovered property without written authorization from the legal owner or mortgagee.

    2162(Section 2163493.6118(1)(x)4., F.S.2165)

    2166(d) From an administrative fine of $300-$600 or probation to one month’s suspension or denial of license.

    2183(e) Failure to notify law enforcement within 2 hours of a repossession.

    2195(Section 2196493.6118(1)(x)5., F.S.2198)

    2199(e) From an administrative fine of $100-$300 to probation.

    2208(f) Failure to timely remit to the client money collected in lieu of a repossession.

    2223(Section 2224493.6118(1)(x)6., F.S.2226)

    2227(f) From an administrative fine of $150-$350 or probation to one month’s suspension or denial of license.

    2244(g) Failure to timely deliver to the client a negotiable instrument.

    2255(Section 2256493.6118(1)(x)7., F.S.2258)

    2259(g) From an administrative fine of $100-$300 or probation to one month’s suspension or denial of license.

    2276(h) Falsification or alteration of inventory records.

    2283(Section 2284493.6118(1)(x)8., F.S.2286)

    2287(h) From an administrative fine of $300-$700 or probation to three month’s suspension or denial of license.

    2304(i) Carrying a weapon or firearm while on private property in the performance of a recovery.

    2320(Section 2321493.6118(1)(x)9., F.S.2323)

    2324(i) From an administrative fine of $300-$700 or probation to three month’s suspension or denial of license.

    2341(j) Solicitation of recovery services for a fee greater than the amount normally charged.

    2355(Section 2356493.6118(1)(x)10., F.S.2358)

    2359(j) From an administrative fine of $200-$600 or probation to one month’s suspension or denial of license.

    2376(k) Displaying a badge in the course of a repossession.

    2386(Section 2387493.6118(1)(x)11., F.S.2389)

    2390(k) From an administrative fine of $200-$600 to probation.

    2399(l) Failure to maintain inventory of personal property recovered in a repossession.

    2411(Section 2412493.6404(1), F.S.2414)

    2415(l) From an administrative fine of $150-$350 or probation to one month’s suspension or denial of license.

    2432(m) Failure to timely notify a debtor in writing of the location of personal property.

    2447(Section 2448493.6404(2), F.S.2450)

    2451(m) From an administrative fine of $150-$350 to probation.

    2460(9) The disciplinary guidelines for violations committed by instructors and schools or training facilities are as follows:

    2477VIOLATION

    2478RANGE OF PENALTIES

    2481(a) Falsely certifying the completion of required training.

    2489(Section 2490493.6118(1)(f), F.S.2492)

    2493(a) From an administrative fine of $300-$700 per student to three month’s suspension or denial of license.

    2510(b) Failing to provide students with the proper hours of instruction.

    2521(Section 2522493.6118(1)(f), F.S.2524)

    2525(b) From an administrative fine of $300-$700 per student to three month’s suspension or denial of license.

    2542(c) Improperly administering or grading an examination.

    2549(Rule 25505N-1.140, 2551F.A.C., Section 2553493.6118(1)(f), F.S.2555)

    2556(c) From an administrative fine of $200-$600 per student or probation to three month’s suspension or denial of license.

    2575(d) Failing to properly maintain records.

    2581(Rule 25825N-1.140, 2583F.A.C., Section 2585493.6118(1)(f), F.S.2587)

    2588(d) From an administrative fine of $150-$350 or probation to one month’s suspension or denial of license.

    2605(e) Employing an unlicensed instructor to teach at a licensed school.

    2616(Section 2617493.6301(8), F.S.2619)

    2620(e) From an administrative fine of $150-$350 or probation to one month’s suspension or denial of license.

    2637(f) Failure to teach approved curriculum.

    2643(Rule 26445N-1.140, 2645F.A.C.)

    2646(f) From an administrative fine of $200-$600 or probation to one month’s suspension of license.

    2661(g) Operating an unlicensed school or training facility.

    2669(Rule 26705N-1.134, 2671F.A.C.)

    2672(g) From an administrative fine of $300-$700 to denial of license.

    2683Rulemaking Authority 2685493.6103 FS. 2687Law Implemented 2689493.6110(2), 2690493.6111(5), 2691493.6112(1), 2692(2), 2693493.6115, 2694493.6118, 2695493.6120(5), 2696493.6121, 2697493.6124, 2698493.6301(8), 2699493.6404 FS. 2701History–New 5-7-91, Amended 5-15-95, Formerly 1C-3.113, Amended 5-23-19, 9-24-20.