61-20.010. Disciplinary Guidelines

(1) Aggravating and Mitigating Circumstances. The department shall be entitled to deviate from the disciplinary guidelines provided by this rule upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the department prior to the imposition of a final penalty. The department must make a specific finding of mitigating or aggravating guidelines. Based upon consideration of the facts present in an individual case, the department shall consider the following factors in aggravation and mitigation when deviating from the disciplinary guidelines set forth in this rule:

(a) Danger to the public;

(b) Physical or financial harm resulting from the violation;

(c) Prior violations committed by the subject;

(d) Length of time the licensee has practiced;

(e) Deterrent effect of the penalty;

(f) Correction or attempted correction of the violation;

(g) Effect on the licensee’s livelihood;

(h) Any efforts toward rehabilitation;

(i) Any other aggravating or mitigating factor which is directly relevant under the circumstances.

(2) In imposing discipline upon applicants and licensees for any of the violations set forth below, the department shall act in accordance with the following disciplinary guidelines. The verbal identifications of violations are descriptive only; the full language of each statutory or rule provision cited must be consulted in order to determine the conduct included.

PENALTY RANGE

VIOLATIONMINIMUMMAXIMUM

(Each semi-colon indicates(Each semi-colon indicates

“or” in this column)“and” in this column)

 

(a) Section 468.436(2)(b)1., F.S.

Violating any provision of Chapter 468,

this part VIII, F.S., if not otherwise

delineated in this rule.

First OffenseReprimand$1000 fine; costs

Second Offense$500 fineProbation; $2500 fine; costs

Third or Subsequent OffenseProbation; $2500 fineOne year suspension; $5000

fine; costs

 

(b) Section 468.436(2)(b)2., F.S.

Violating any lawful order or rule rendered

or adopted by the department or council,

if not otherwise delineated in this rule.

First OffenseReprimand$1000 fine; costs

Second Offense$500 fineProbation; $2500 fine; costs

Third or Subsequent OffenseProbation; $2500 fineOne year suspension; $5000

fine; costs

 

(c) Section 468.436(2)(b)3., F.S.

Being convicted of or pleading

nolo contendere to a felony.

First OffenseReprimand; $500 fineRevocation; $5000 fine; costs

Second OffenseOne year suspension;Revocation; $5000 fine; costs

$1000 fine

Third or Subsequent OffenseTwo years suspension;Revocation; $5000 fine; costs

$1000 fine

 

(d) Section 468.436(2)(b)4., F.S.

Obtaining a license or

certification or any other order,

ruling, or authorization by means

of fraud, misrepresentation, or

concealment of material facts.

First Offense$1000 fineRevocation; $5000 fine; costs

Second OffenseOne year suspension;Revocation; $5000 fine; costs

$1000 fine

Third or Subsequent OffenseRevocationRevocation; $5000 fine; costs

 

(e) Section 468.436(2)(b)5., F.S.

Committing acts of gross

misconduct or gross negligence in

connection with the profession.

First Offense$500 fineRevocation; $5000 fine; costs

Second Offense$2500 fineRevocation; $5000 fine; costs

Third or Subsequent OffenseOne year suspension; oneRevocation; $5000 fine; costs

year probation; $2500 fine

(f) Section 468.463(2)(b)6., F.S. Contracting, on behalf of an association, with any entity in which the licensee has an undisclosed financial interest.
First Offense		$1000 fine			Revocation; $5000 fine; costs
Second Offense		One year suspension; $2500 fine			Revocation; $5000 fine; costs
Third or Subsequent Offense		Revocation			Revocation; $5000 fine; costs
(g) Section 468.436(2)(b)7., F.S. Violating any provision of Chapters 718, 719, or 720, F.S., during the course of performing community association services pursuant to a contract with a community association.
First Offense		Reprimand		$1000 fine; costs
Second Offense		$500 fine		Probation; $2500 fine; costs
Third or Subsequent Offense		Probation; $2500 fine		One year suspension; $5000 fine; costs

 

(h) Paragraph 61E14-2.001(2)(a), F.A.C.

Failing to comply with the requirements

of the documents by which the association

is created or operated.

First OffenseReprimandOne year suspension; $2500

fine; costs

Second OffenseOne year probation;One year suspension; two

$1000 fineyears probation; $5000 fine;

costs

Third or Subsequent Offense$2500 fineRevocation; $5000 fine; costs

 

(i) Paragraph 61E14-2.001(2)(b), F.A.C. Use funds for undesignated purpose.
First Offense			$250 fine			Revocation; $5000 fine; costs
Second Offense			$2500 fine; two years probation			Revocation; $5000 fine; costs
Third or Subsequent Offense			One year suspension; two years probation; $5000 fine			Revocation; $5000 fine; costs
(j) Paragraph 61E14-2.001(2)(c), F.A.C. Failing to perform all contracted community association management services to professional standards and to the standards established by Section 468.4334(1), F.S.
First Offense		Reprimand			$1000 fine; costs
Second Offense		One year probation; $500 fine			One year suspension; two years probation; $5000 fine; costs
Third or Subsequent Offense		Two years suspension; $2500 fine			Revocation; $5000 fine; costs

 

(k) Paragraph 61E14-2.001(3)(a), F.A.C.

A licensee shall not withhold possession

of records.

First OffenseReprimand$2500 fine; one year

suspension; costs

Second Offense$500 fine$2500 fine; Revocation; costs

Third or Subsequent Offense$1000 fineRevocation; $5000 fine; costs

 

(l) Paragraph 61E14-2.001(3)(b), F.A.C.

A licensee shall not deny or delay access

to association records.

First OffenseReprimand$1000 fine; costs

Second Offense$500 fine$2500 fine; one year suspension;

one year probation; costs

Third or Subsequent OffenseOne year probation;One year suspension; two years

$3000 fineprobation; $5000 fine; costs

 

(m) Paragraph 61E14-2.001(3)(c), F.A.C.

A licensee or registrant shall not

create false records or impermissibly alter

official records.

First OffenseReprimand; $1000 fineOne year suspension; two years

probation; $1000 fine; costs

Second OffenseOne year suspension; two

years probation; $2500Revocation; $5000 fine; costs

fine

Third or Subsequent OffenseTwo years suspension;Revocation; $5000 fine; costs

two years probation;

$5000 fine

 

(n) Paragraph 61E14-2.001(3)(d), F.A.C.

A licensee or registrant shall not

fail to maintain records.

First OffenseReprimandOne year suspension; $1000

fine; costs

Second Offense$500 fineTwo years suspension; $2500

fine; two years probation;

costs

Third or Subsequent OffenseOne year suspension; twoRevocation; $5000 fine; costs

years probation

 

(o) Section 455.271(1), F.S.

Practice on a delinquent or inactive

license.

First Offense$125 fine$1250 fine; costs

Second Offense$250 fine$2500 fine; costs

Third or Subsequent Offense$500 fineRevocation; $5000 fine; costs

 

(p) Section 455.227(1)(c), F.S.

Being convicted or found guilty of, or

entering a plea of guilty or nolo

contendere, to a crime related to the

practice of or ability to practice a

licensee’s profession.

First OffenseOne year suspension;Revocation; $5000 fine; costs

$1000 fine

Second OffenseOne year suspension;Revocation; $5000 fine; costs

$1500 fine

Third or Subsequent OffenseTwo years suspension;Revocation; $5000 fine; costs

$3000 fine

 

(q) Section 455.227(1)(g), F.S.

Having been found guilty in a civil

proceeding for knowingly filing a

false report or complaint with the

department.

First Offense$500 fineOne year suspension; $3000

fine; costs

Second OffenseTwo years probation;Revocation; $5000 fine; costs

$1000 fine

Third or Subsequent OffenseOne year suspension;Revocation; $5000 fine; costs

$2500 fine

 

(r) Section 455.227(1)(h), F.S.

Attempting to obtain, obtaining, or

renewing a license by bribery,

fraudulent misrepresentation, or error.

First Offense$1000 fineRevocation; $5000 fine; costs

Second OffenseOne year suspension;Revocation; $5000 fine; costs

$3000 fine

Third or Subsequent OffenseTwo years suspension;Revocation; $5000 fine; costs

$5000 fine

 

(s) Section 455.227(1)(i), F.S.

Failing to report any person in

violation of this part or the chapter

regulating the alleged violator.

First OffenseReprimandOne year suspension; $3000

fine; costs

Second OffenseReprimand; one yearTwo years suspension; $5000

probationfine; costs

Third or Subsequent OffenseReprimand; two yearsRevocation; $5000 fine; costs

probation

 

(t) Section 455.227(1)(j), F.S.

Aiding, assisting, procuring, employing,

or advising any unlicensed person or entity.

First OffenseReprimandOne year suspension; $3000

fine; costs

Second Offense$1000 fineTwo years suspension; two

years probation; $5000 fine;

costs

Third or Subsequent OffenseOne year suspension; oneRevocation; $5000 fine; costs

year probation

 

(u) Section 455.227(1)(k), F.S.

Failing to perform any statutory or

legal obligation placed on a licensee,

if the obligation is not otherwise

covered by this rule.

First OffenseReprimandOne year suspension; two

years probation; $3000 fine;

costs

Second OffenseReprimandTwo year suspension; two

years probation; $5000 fine;

costs

Third or Subsequent OffenseReprimand; $500 fineRevocation; $5000 fine; costs

 

(v) Section 455.227(1)(l), F.S.

Making a report that the licensee

knows to be false, failing to file a

required report, willfully impeding or

obstructing another person to file a report.

First Offense$500 fineRevocation; $5000 fine; costs

Second Offense$1000 fineRevocation; $5000 fine; costs

Third or Subsequent Offense$2500 fineRevocation; $5000 fine; costs

 

(w) Section 455.227(1)(m), F.S.

Making deceptive, untrue, or

fraudulent misrepresentations,

trick or scheme, related to the

practice or profession.

First OffenseReprimand; $500 fineRevocation; $5000 fine; costs

Second OffenseOne year probation;Revocation; $5000 fine; costs

$1000 fine

Third or Subsequent OffenseOne year suspension; twoRevocation; $5000 fine; costs

years probation; $2500 fine

 

(x) Section 455.227(1)(p), F.S.

Knowingly delegating or contracting

for the performance of professional

responsibilities to a person who is

not qualified by training, experience,

and authorization to perform them.

First OffenseReprimandOne year suspension; $3000

fine; costs

Second OffenseTwo years probation;Two years suspension; two

$500 fineyears probation; $5000 fine;

costs

Third or Subsequent OffenseOne year suspension; twoRevocation; $5000 fine; costs

years probation; $2500 fine

 

(y) Section 455.227(1)(r), F.S.

Improperly interfering with an

investigation or inspection

authorized by statute, or with any

disciplinary proceedings.

First Offense$1000 fineRevocation; $5000 fine; costs

Second OffenseOne year suspension;Revocation; $5000 fine; costs

$2500 fine

Third or Subsequent OffenseTwo years suspension;Revocation; $5000 fine; costs

$5000 fine

 

(z) Section 455.227(1)(t), F.S. Failing to report in writing within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to a crime in any jurisdiction.
First Offense		Reprimand		$1000 fine; costs
Second Offense		$500 fine		Probation; $2500 fine; costs
Third or Subsequent Offense		Probation; $2500 fine		One year suspension; $5000 fine; costs

 

(2) As used in this rule, the term “costs” means costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time.

(3) Where several violations occur in one case or several cases being considered together, the penalties shall be cumulative and consecutive.

(4) The provisions of this rule shall not be construed to limit the ability of the department to dispose disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S.

Rulemaking Authority 455.2273(1) FS. Law Implemented 455.227, 455.2273, 468.436 FS. History–New 6-2-03, Amended 10-20-15.