61-24.010. Disciplinary Guidelines

(1) When the Department finds a registrant whom it regulates under Chapter 468, Part IX, F.S., has committed any of the acts set forth in Section 468.453, 468.454, 468.456, and 468.45615, F.S., it shall issue a Final Order imposing appropriate penalties as recommended in the following disciplinary guidelines.

(a) Publishing or causing to be published false or misleading information or advertisements, or giving any false information or making false promises to a student athlete concerning employment as provided in Section 468.456(1)(j), F.S.; the usual recommended penalty shall be suspension or revocation of the athlete agent’s registration. Suspension shall be for a period of time to be determined by the Secretary of the Department or his designee. The period of suspension shall not exceed four years or two renewal periods, whichever is shorter. Revocation shall be permanent with no provisions for future registration.

(b) Failing to register with the Department or failing to renew an athlete agent’s registration as provided in Section 468.4561, F.S.; the usual recommended penalty shall be suspension or revocation of the athlete agent’s registration. Suspension shall be for a period of time to be determined by the Secretary of the Department or his designee. The period of suspension shall not exceed four years or two renewal periods, whichever is shorter. Revocation shall be permanent with no provisions for future registration.

(c) Failing to notify the Department of a change in business address as provided in Section 468.053(2), F.S.; the usual recommended penalty shall be suspension of the athlete agent’s registration for a period of time to be determined by the Secretary of the Department of his designee. The period of suspension shall not exceed four years or two renewal periods, whichever is shorter.

(d) Violating any of the provisions of Section 468.454, F.S.; the usual recommended penalty shall be immediate revocation of the athlete agent’s registration with no provision for future registration.

(e) Violating any of the provisions of Section 468.456, F.S.; the usual recommended penalty shall be suspension or revocation of the athlete agent’s registrations. Suspension shall be for a period of time to be determined by the Secretary of the Department or his designee. The period of suspension shall not exceed four years or two renewal periods, whichever is shorter. Revocation shall be permanent with no provision for future registration.

(2) The Department shall consider the following factors in determining appropriate periods of suspension or revocation:

(a) The severity of the offense;

(b) The danger to the public;

(c) The number of repetitions of offenses;

(d) The length of time since the date of previous violations;

(e) The number of complaints filed against the registrant;

(f) The length of time the registrant has practiced;

(g) The actual harm, economic or otherwise, to the student athlete or to the academic institution involved;

(h) The deterrent effect of the penalty imposed;

(i) The effect of the penalty on the registrant’s livelihood;

(j) Any efforts for rehabilitation;

(k) The actual knowledge of the registrant pertaining to the violation;

(l) Attempts by the registrant to correct or stop violations or refusal by the registrant to correct or stop violations;

(m) Related violations against a registrant in another jurisdiction, including findings of guilt or innocence, penalties imposed and penalties served;

(n) Any other mitigating or aggravating circumstances.

(3) Penalties imposed by the Department pursuant to subsection 61-24.010(1), F.A.C., may be imposed in combination or individually but may not exceed the limitations enumerated below:

(a) Revocation, after a hearing, of a registration, either temporarily or permanently;

(b) Suspension, after a hearing, of a registration for a period of up to five (5) years;

(c) Immediate suspension of a registration pursuant to the provisions of Section 120.60(8), F.S.

(4) The provisions of subsections (1) through (3), above, shall not be construed so as to prohibit civil action or criminal prosecution as provided in Section 468.456(3), 455.227, or 455.228, F.S., and the provisions of subsections (1) through (3), above, shall not be construed so as to limit the ability of the Department to enter into binding stipulations with accused parties pursuant to the provisions of Section 120.57(4), F.S.

Rulemaking Authority 468.457 FS. Law Implemented 455.227, 455.228, 468.456, 468.4561, 468.45615 FS. History–New 1-4-89, Formerly 21-24.010, Amended 10-10-17.