Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances, Directly Related Criminal Offenses
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NO.:RULE TITLE:
5N-1.113Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
5N-1.114Directly Related Criminal Offenses
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 247, December 21, 2018 issue of the Florida Administrative Register.
5N-1.113 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.
The Division sets forth below disciplinary guidelines from which penalties will be imposed upon any person or agency violating Chapter 493, F.S. The purpose of the disciplinary guidelines is to provide notice of the range of penalties which may be imposed for specific violations. The language below is intended to summarize the statutory language and is not a complete statement of the violation.
(1) The disciplinary guidelines for violations committed by agencies are as follows:
(a) through (e) No change.
(f) Failure to issue identification cards to by
(f) An administrative fine of $50-$150
licensed employees.
per employee.
(g) through (q) No change.
(r) Advertising or conducting regulated
(r) From an administrative fine of $200-$700 to
activity without liability insurance.
probation or denial of license (in addition to
(Section 493.6118(1)(h), F.S.) (Section 493.6118(h), F.S.)
suspension during uninsured period).
(s) through (t) No change.
(u) Violation of a cease and desist order
(u) From an administrative fine of $500-
issued by the division.
$1,000 to revocation or denial of license.
(Section Sections 493.6118(1)(k), 493.6120(3), F.S.)
(v) through (z) No change.
(2) The disciplinary guidelines for violations committed by individuals are as follows:
VIOLATION RANGE OF PENALTIES
(a) through (e) No change.
(f) Conviction of or adjudication of guilt withheld Revocation or denial of a license.
on a crime directly related to the business for which
the license is held or sought.
(g) through (u) No change.
(3) In addition to the disciplinary guidelines set forth in subsections (2) and (3), guidelines for violations committed by recovery agencies, agents and interns are as follows:
VIOLATION
RANGE OF PENALTIES
(a) Performing a repossession before authorization from the
(a) From an administrative fine of $200-$700 or
legal owner or mortgagee.
probation to one month’s suspension of license.
(Section 493.6118(1)(x)1. 493.6118(1)(u)1., F.S.)
(b) Charging for expenses not actually incurred.
(b) From an administrative fine of $150-$300 to
(Section 493.6118(1)(x)2. 493.6118(1)(u)2., F.S.)
probation or one month’s suspension of license.
(c) Using recovered property for personal benefit.
(c) From an administrative fine of $300-$700 to
(Section493.6118(1)(x)3. 493.6118(1)(u)3., F.S.)
one month’s suspension or denial of license.
(d) Selling recovered property without written authorization
(d) From an administrative fine of $300-$600 or
from the legal owner or mortgagee.
probation to one month’s suspension or denial
(Section493.6118(1)(x)4. 493.6118(1)(u)4., F.S.)
of license.
(e) Failure to notify law enforcement within 2 hours of
(e) From an administrative fine of $100-$300
a repossession.
to probation.
(Section 493.6118(1)(x)5. 493.6118(1)(u)5., F.S.)
(f) Failure to timely remit to the client
(f) From an administrative fine of $150-$350 or
money collected in lieu of a repossession.
probation to one month’s suspension or denial
(Section 493.6118(1)(x)6. 493.6118(1)(u)6., F.S.)
of license.
(g) Failure to timely deliver to the client a negotiable
(g) From an administrative fine of $100-$300 or
instrument.
probation to one month’s suspension or denial
(Section 493.6118(1)(x)7. 493.6118(1)(u)7., F.S.)
of license.
(h) Falsification or alteration of inventory records.
(h) From an administrative fine of $300-$700 or
(Section 493.6118(1)(x)8. 493.6118(1)(u)8., F.S.)
probation to three month’s suspension or denial
of license.
(i) Carrying a weapon or firearm while on private property
(i) From an administrative fine of $300-$700 or
In the performance of a Recovery.
probation to three month’s suspension or denial
(Section 493.6118(1)(x)9. 493.6118(1)(u)9., F.S.)
of license.
(j) Solicitation of recovery services for a fee greater
(j) From an administrative fine of $200-$600 or
than the amount normally charged.
probation to one month’s suspension or denial
(Section 493.6118(1)(x)10. 493.6118(1)(u)10., F.S.)
of license.
(k) Displaying a badge in the course of a repossession.
(k) From an administrative fine of $200-$600
(Section 493.6118(1)(x)11. 493.6118(1)(u)11., F.S.)
to probation.
(l) through (m) No change.
(4) The disciplinary guidelines for violations committed by agencies are as follows:
(a) through (b) No change.
(c) Improperly administering or grading an examination.
(c) From an administrative fine of $200-$600
(Rule 5N-1.140, 1C-3.140, F.A.C., Section 493.6118(1)(f), F.S.)
per student or probation to three month’s
suspension or denial of license.
(d) Failing to properly maintain records.
(d) From an administrative fine of $150-$350 or
(Rule 5N-1.140, 1C-3.142, F.A.C., Section 493.6118(1)(f), F.S.)
probation to one month’s suspension or denial
of license.
(e) No change.
(f) Failure to teach approved curriculum.
(f) From an administrative fine of $200-$600 or
(Rule 5N-1.140, F.A.C.) (Section 493.6304(3), F.S.)
probation to one month’s suspension of license.
(g) Operating an unlicensed school or training facility.
(g) From an administrative fine of $300-$700 to
(Rule 5N-1.134, F.A.C. (Section 493.6304(3), F.S.)
denial of license.
(5) The division shall be entitled to deviate from the above-mentioned guidelines and impose any penalty authorized under subsection 493.6118(2), F.S., upon a showing of one or more of the following aggravating or mitigating circumstances presented to the finder of fact:
(a) through (p) No change.
(q) Any other aggravating or mitigating circumstances.
(6) through (7) No change.
Rulemaking Authority 493.6103, 493.6106(2), 493.6304(3), 493.6406(3), FS. Law Implemented 493.6100, 493.6107(5), 493.6110(2), 493.6111(5), 493.6112(1), (2), 493.6115, 493.6118, 493.6120(3), 493.6121, 493.6124, 493.6301(8), 493.6304(3), 493.6404 FS. History–New 5-7-91, Amended 5-15-95, Formerly 1C-3.113, Amended _______________.
5N-1.114 Directly Related Criminal Offenses
(1) No change.
(2) An offense that is “directly relates related to the business for which the license is held or sought” that can be grounds for disciplinary action is one that:
(a) through (c) No change.
(3) Subject to the requirements in subsection (2) and (4), the following offenses are directly related:
(a) through (e) No change.
(f) Any offense against a law enforcement officer, firefighter, or emergency medical care provider, including refusal to obey a lawful command;
(g)(f) Resisting arrest with or without violence;
(h)(g) Any felony drug offense;
(i)(h) Any stalking or cyber stalking related offense;
(j)(i) Culpable negligence;
(k)(j) Crimes that involve the impersonation of a law enforcement officer or other official;
(l)(k) Firearm-related offenses for Class G or K applicants or licensees;
(m)(l) Offenses against elderly and disabled persons as set out in Chapter 825, Florida Statutes; or
(n)(m) Accessory, conspiracy, or attempt to commit any of the above listed offenses.
(4) No change.
Rulemaking Authority 493.6103, FS. Law Implemented 493.6100, 493.6101(7), 493.6105(3), 493.6106(1)(b), 493.6118 FS. History–New__________.
