69V-180.100. Disciplinary Guidelines

(1) Pursuant to Section 559.730(7), F.S., guidelines applicable to each ground for disciplinary action that may be imposed by the Office against a person for a violation of Part VI, Chapter 559, F.S. are hereby adopted. The disciplinary guidelines are contained in “Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Consumer Collection Agencies”, Form OFR-559-103, which is hereby incorporated by reference, effective 9/9/2015. A copy of the disciplinary guidelines is available on the Office’s website at www.flofr.com, by mail from the Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Florida 32399-0376 and at http://www.flrules.org/Gateway/reference.asp?No=Ref-05777. In determining an appropriate penalty within the range of penalties prescribed in the guidelines for each violation as based upon the citation number, the Office shall consider subsections (2) and (3). For the purpose of this rule and the guidelines, the term “citation” means any written notice provided to and received by the registrant that specifies a violation of Chapter 559, F.S., or any rule promulgated under that chapter.

(2) Consistent with the guidelines contained in Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Consumer Collection Agencies, the Office may issue orders to revoke or suspend a registration; orders to impose an administrative fine; orders of prohibition including ceasing and desisting, and injunction; orders of appointment; orders of removal; orders denying applications; and/or Notices of Non-compliance. Also consistent with the guidelines, to determine penalties, the Office may consider the combined effect of violations.

(3) In accordance with Section 559.730, F.S., the Office shall consider the following circumstances in determining an appropriate penalty within the range of penalties prescribed in the guidelines for each violation. The Office also shall consider these circumstances when determining whether a deviation from the range of sanctions prescribed in the guidelines is warranted:

(a) The following circumstances are considered mitigating factors:

1. If the violation rate is less than 5% when compared to the overall sample size reviewed;

2. No prior administrative actions by the Office against the registrant or control person within the past 10 years;

3. If the registrant detected and voluntarily instituted corrective responses or measures to avoid the recurrence of a violation prior to detection and intervention by the Office;

4. If the violation is attributable to an single control person or employee, and if the registrant removed or otherwise disciplined the individual prior to detection or intervention by the Office;

5. If the consumer collection agency is responsive to the Office’s requests or inquiries or made no attempt to impede or delay the Office in its examination or investigation of the underlying misconduct; or

6. Other relevant, case-specific circumstances.

(b) The following circumstances are considered aggravating factors:

1. If the violation rate is more than 95% when compared to the overall sample size reviewed (sample size must be equal to or greater than 25 transactions and cover a date range of more at least 6 months;

2. The potential for harm to the customers or the public is significant;

3. Prior administrative action by the Office against the registrant or an affiliated party of the registrant within the past 5 years;

4. If the registrant’s violation was the result of willful misconduct or recklessness;

5. The registrant attempted to conceal the violation or mislead or deceive the Office; or

6. Other relevant, case-specific circumstances.

(4) The list of violations cited in the guidelines is intended to be comprehensive, but the omission of a violation from the list does not preclude the Office from taking any action authorized by Section 559.730, F.S.

(5) The ranges for administrative fines imposed by the guidelines are $1,000 to $3,500 for an “A” level fine; $3,500 to $7,500 for a “B” level fine; and $7,500 to $10,000 for a “C” level fine.

(6) The ranges for suspensions imposed by the guidelines are 3 to 10 days for an “A” level suspension; 10 to 20 days for a “B” level suspension; 20 to 30 days for a “C” level suspension; and up to 90 days for a “D” level suspension. A “D” level suspension may be terminated early if registrant cures the violation to the Office’s satisfaction.

(7) A previous “occurrence” is the same or similar misconduct which was the subject of a Final Order entered by the Office prior to the acts or omissions which are the subject of the current action by the Office.

Rulemaking Authority 559.554, 559.730(7) FS. Law Implemented 559.5556, 559.565(1), 559.72, 559.725(6), 559.730 FS. History–New 10-25-11, Amended 9-10-15.