Rule 61J2-24.001. Disciplinary Guidelines

(1) Pursuant to Section 455.2273, F.S., the Commission sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon licensees guilty of violating Chapters 455 or 475, F.S., or Title 61J2, F.A.C. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which normally will be imposed for each count during a formal or an informal hearing. For purposes of this rule, the order of penalties, ranging from lowest to highest, is: letter of concern, reprimand, fine, probation, suspension, and revocation or denial or application. Pursuant to Section 475.25(1), F.S., combinations of these penalties are permissible by law. Nothing in this rule shall preclude any discipline imposed upon a licensee pursuant to a stipulation or settlement agreement, nor shall the range of penalties set forth in this rule preclude the Probable Cause Panel from issuing a letter of guidance.

(2) As provided in Section 475.25(1), F.S., the Commission may, in addition to other disciplinary penalties, place a licensee on probation. The placement of the licensee on probation shall be for such a period of time and subject to such conditions as the Commission may specify. Standard probationary conditions, as further ennumerated in Rule 61J2-24.006, F.A.C. Probation, may include, but are not limited to, requiring the licensee: to attend pre-licensure courses; to satisfactorily complete a pre-licensure course; to attend post-licensure courses; to satisfactorily complete a post-licensure course; to attend continuing education courses; to submit to and successfully complete the state-administered examination; to be subject to periodic inspections and interviews by a DBPR investigator; if a broker, to place the license on a broker associate status; or, if a broker, to file escrow account status reports with the Commission or with a DBPR investigator at such intervals as may be prescribed.

(3) The penalties are as listed unless aggravating or mitigating circumstances apply pursuant to subsection (4). The verbal identification of offenses is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included. | |PENALTY RANGE | | |VIOLATION |FIRST VIOLATION |SECOND AND SUBSEQUENT VIOLATIONS | |(a) Section 475.22, F.S. Broker fails to maintain |(a) Reprimand and $500 administrative fine to 3-month|(a) 90-day suspension and $1,000 administrative | |office or sign at entrance of office |suspension and $1,000 fine |fine to 1 year suspension and $2,000 fine | |(b) Section 475.24, F.S. Failure to register a branch|(b) Reprimand and $500 administrative fine to 3-month|(b) 90-day suspension and $1,000 administrative | |office |suspension and $1,000 fine |fine to 1 year suspension and $2,000 fine | |(c) Section 475.25(1)(b), F.S. | | | |Section 455.227(1)(a), F.S. | | | |1. Fraud, misrepresentation, and dishonest dealing |1. $2,500 administrative fine and 30-day suspension |1. $5,000 administrative fine and 6 month | | |to $5,000 administrative fine and revocation |suspension to $5,000 administrative fine and | | | |revocation | |2. Concealment, false promises, false pretenses by |2. $2,500 administrative fine and 30-day suspension |2. $5,000 administrative fine and 6 month | |trick, scheme or device |to $5,000 administrative fine and revocation |suspension to $5,000 administrative fine and | | | |revocation | |3. Culpable negligence or breach of trust |3. $2,500 administrative fine and 30-day suspension |3. $5,000 administrative fine and 6 month | | |to $5,000 administrative fine and revocation |suspension to $5,000 administrative fine and | | | |revocation | |4. Violating a duty imposed by law or by the terms of|4. $2,500 administrative fine and 30-day suspension |4. $5,000 administrative fine and 6 month | |a listing agreement |to $5,000 administrative fine and revocation |suspension to $5,000 administrative fine and | | | |revocation | |5. Aided, assisted or conspired with another; or |5. $2,500 administrative fine and 30-day suspension |5. $5,000 administrative fine and 6 month | |formed an intent, design or scheme to engage in such |to $5,000 administrative fine and revocation |suspension to $5,000 administrative fine and | |misconduct and committed an overt act in furtherance | |revocation | |of such intent, design or scheme | | | |(d) Section 475.25(1)(c), F.S. False, deceptive or |(d) $1,000 administrative fine and 30-day suspension |(d) $2,500 to $5,000 administrative fine and 90-day| |misleading advertising |to $2,500 administrative fine and 90-day suspension |suspension to 5,000 administrative fine and | | | |revocation | |(e) Subparagraph 475.25(1)(d)1., F.S. Failed to |(e) $1,000 administrative fine and 30-day suspension |(e) $2,000 to $5,000 administrative fine and 90-day| |account or deliver to any person as required by |to $2,500 administrative fine and 90-day suspension |suspension to $5,000 administrative fine and | |agreement or law, escrowed property | |revocation | |(f) Subparagraph 275.25(1)(d)2., F.S., Failed to |(f) $1,000 administrative fine and 30-day suspension |(f) $2,500 to $5,000 administrative fine and 90-day| |deposit money into escrow account when licensee is |to $2,500 administrative fine and 90-day suspension |suspension to $5,000 administrative fine and | |purchaser and contact required deposit into escrow | |revocation | |(g) Section 475.25(1)(e) or 455.227(1)(b) or (1)(q), |(g) $1,000 administrative fine and 30-day suspension |(g) $2,500 to $5,000 administrative fine and 90-day| |F.S. Violated any rule or order or provision under |to $2,500 administrative fine and 90-day suspension |suspension to $5,000 administrative fine and | |Chapters 475 and 455, F.S., or failed to comply with | |revocation | |a lawfully issued subpoena | | | |1. No intent demonstrated |1. $1,000 administrative fine and 30-day suspension |1. $2,500 to $5,000 administrative fine and 90-day | | |to $2,500 administrative fine and 90-day suspension |suspension to $5,000 administrative fine and | | | |revocation | |2. Intentionally violating or failing to comply |2. $2,500 administrative fine and 90-day suspension |2. $5,000 administrative fine and 2-year suspension| | |to $5,000 administrative fine and revocation |to $5,000 fine and permanent revocation | |(h) Section 475.25(1)(f) or 455.227(1)(c), F.S. |(h) $1,000 administrative fine and 30-day suspension |(h) $2,500 to $5,000 administrative fine and 6 | |Convicted or found guilty of a crime related to real |to $2,500 administrative fine and revocation |month suspension to $5,000 administrative fine and | |estate or involving moral turpitude or fraudulent or | |revocation | |dishonest dealing | | | |(i) Section 475.25(1)(g) or 455.227(1)(f), F.S. Has |(i) $1,000 administrative fine and 30-day suspension |(i) $2,500 to $5,000 administrative fine and 2-year| |license disciplined or acted against or an |to $2,500 administrative fine and revocation |suspension to $5,000 administrative fine and | |application denied by another jurisdiction | |permanent revocation | |(j) Section 475.25(1)(h), F.S. Has shared a |(j) $1,000 administrative fine and 30-day suspension |(j) $2,500 to $5,000 administrative fine and 2-year| |commission with or paid a fee to a person not |to $2,500 administrative fine and revocation |suspension to $5,000 administrative fine and | |properly licensed under Chapter 475, F.S. | |permanent revocation | |(k) Section 475.25(1)(i), F.S. Impairment by |(k) Suspension for the period of incapacity, with |(k) Suspension for the period of incapacity with | |drunkenness, or use of drugs or temporary mental |reinstatement upon showing of ability to practice |reinstatement upon showing of ability to practice | |derangement |with reasonable safety to reinstatement on showing of|with reasonable safety to reinstatement on showing | | |ability to practice with reasonable safety and 1 year|of ability to practice with reasonable safety and 1| | |probation |year probation to revocation | |(l) Section 475.25(1)(j), F.S. Rendered an opinion |(l) $1,000 administrative fine and 30-day suspension |(l) $2,500 to $5,000 administrative fine and 2-year| |that the title to property sold is good or |to $2,500 administrative fine and revocation |suspension to $5,000 administrative fine and | |merchantable when not based on opinion of a licensed | |permanent revocation | |attorney or has failed to advise prospective buyer to| | | |consult an attorney on the merchantability of title | | | |or to obtain title insurance | | | |(m) Section 475.25(l)(k), F.S. Has failed, if a |(m) $1,000 administrative fine and 30-day suspension |(m) $2,500 to $5,000 administrative fine and 2-year| |broker, to deposit any money in an escrow account |to $2,500 administrative fine and revocation |suspension to $5,000 administrative fine and | |immediately upon receipt until disbursement is | |permanent revocation | |properly authorized. Has failed, if a sales | | | |associate, to place any money to be escrowed with his| | | |registered employer | | | |(n) Section 475.25(1)(l) or 455.227(1)(f), F.S. Has |(n) $1,000 administrative fine and 30-day suspension |(n) $2,500 to $5,000 administrative fine and 2-year| |made or filed a report or record which the licensee |to $2,500 administrative fine and revocation |suspension to $5,000 administrative fine and | |knows to be false or willfully failed to file a | |permanent revocation | |report or record or willfully impeded such filing as | | | |required by State or Federal Law | | | |(o) Section 475.25(1)(m) or 455.227(1)(h), F.S. |(o) $1,000 administrative fine and revocation with |(o) $5,000 administrative fine and permanent | |Obtained a license by fraud, misrepresentation, |ability to reapply for subsequent licensure |revocation | |concealment, bribery, or through error of Commission | | | |or Department | | | |(p) Section 475.25(1)(n), F.S. Confined in jail, |(p) Suspension until released from facility and |(p) Suspension while in facility and for two years | |prison or mental institution; or through mental |demonstration of ability to practice with reasonable |following release; reinstatement upon demonstration| |disease can no longer practice with skill and safety |safety, followed by 1 year probation |of ability to practice with reasonable safety and | | | |three years; probation to revocation | |(q) Section 475.25(1)(o), F.S. Guilty for the second |(q) $5,000 administrative fine and a 1 year |(q) $5,000 administrative fine and permanent | |time of misconduct in the practice of real estate |suspension to $5,000 administrative fine and |revocation | |that demonstrates incompetent, dishonest or negligent|revocation | | |dealings with investors | | | |(r) Section 475.25(1)(p), F.S. Failed to give |(r) $1,000 administrative fine and 30-day suspension |(r) $2,500 to $5,000 administrative fine and 2-year| |Commission 30 day written notice after a guilty or |to $2,500 administrative fine and 2-year suspension |suspension to $5,000 administrative fine and | |nolo contendere plea or convicted of any felony | |permanent revocation | |(s) Section 475.25(1)(r), F.S. Failed to follow the |(s) $1,000 administrative fine and 30-day suspension |(s) $2,500 to $5,000 administrative fine and 2-year| |requirements of a written listing agreement |to $2,500 administrative fine and 2-year suspension |suspension to $5,000 administrative fine and | | | |permanent revocation | |(t) Section 475.25(1)(s), F.S. Has had a registration|(t) $250 to $1,000 administrative fine and 60-day |(t) $2,500 to $5,000 administrative fine and 2-year| |suspended, revoked or otherwise acted against in any |suspension to revocation |suspension to $5,000 administrative fine and | |jurisdiction | |permanent revocation | |(u) Section 475.25(1)(t), F.S. Violated the Uniform |(u) $1,000 administrative fine and 30-day suspension |(u) $2,500 to $5,000 administrative fine and 2-year| |Standards of Professional Appraisal Practice as |to $2,500 administrative fine and 2-year suspension |suspension to $5,000 administrative fine and | |defined in Section 475.611, F.S. | |permanent revocation | |(v) Section 475.25(1)(u), F.S. Has failed, if a |(v) $1,000 administrative fine and 30-day suspension |(v) $2,500 to $5,000 administrative fine and 2-year| |broker, to direct, control, or manage a broker |to $2,500 administrative fine and 2-year suspension |suspension to $5,000 administrative fine and | |associate or sales associate employed by such broker | |permanent revocation | |(w) Section 475.25(1)(v), F.S. Has failed, if a |(w) $1,000 to $2,500 administrative fine and 90-day |(w) $2,500 to $5,000 administrative fine and 2-year| |broker, to review the brokerage’s trust accounting |suspension to revocation |suspension to $5,000 administrative fine and | |procedures in order to ensure compliance with this | |permanent revocation | |chapter | | | |(x) Section 475.42(1)(a), F.S. Practice without a |(x) $1,000 to $2,500 administrative fine and 90-day |(x) $2,500 to $5,000 administrative fine and 2-year| |valid and current license |suspension to revocation |suspension to $5,000 administrative fine and | | | |permanent revocation | |(y) Section 475.42(1)(b), F.S. Practicing beyond |(y) $1,000 administrative fine and 30-day suspension |(y) $2,500 to $5,000 administrative fine and 2-year| |scope as a sales associate |to $2,500 administrative fine and 2-year suspension |suspension to $5,000 administrative fine and | | | |permanent revocation | |(z) Section 475.42(1)(c), F.S. Broker employs a sales|(z) $1,000 administrative fine and 30-day suspension |(z) $2,500 to $5,000 administrative fine and 2-year| |associate who is not the holder of a valid and |to $2,500 administrative fine and 2-year suspension |suspension to $5,000 administrative fine and | |current license | |permanent revocation | |(aa) Section 475.42(1)(d), F.S. A sales associate |(aa) $1,000 administrative fine and 30-day suspension|(aa) $2,500 to $5,000 administrative fine and | |shall not collect any money in connection with any |to $2,500 administrative fine and 2-year suspension |2-year suspension to $5,000 administrative fine and| |real estate brokerage transaction except in the name | |permanent revocation | |of the employer | | | |(bb) Section 475.42(1)(f), F.S. Makes false affidavit|(bb) $1,000 administrative fine and 30-day suspension|(bb) $2,500 to $5,000 administrative fine and | |or affirmation or false testimony before the |to $2,500 administrative fine and 2-year suspension |2-year suspension to $5,000 administrative fine and| |Commission | |permanent revocation | |(cc) Section 475.42(1)(g), F.S. Fails to comply with |(cc) $1,000 administrative fine and 30-day suspension|(cc) $2,500 to $5,000 administrative fine and | |subpoena |to $2,500 administrative fine and 2-year suspension |2-year suspension to $5,000 administrative fine and| | | |permanent revocation | |(dd) Section 475.42(1)(h) or 455.227(1)(r), F.S. |(dd) $1,000 administrative fine and 30-day suspension|(dd) $2,500 to $5,000 administrative fine and | |Obstructs or hinders the enforcement of Chapter 475, |to $2,500 administrative fine and 2-year suspension |2-year suspension to $5,000 administrative fine and| |F.S. or improperly interfering with investigation or | |permanent revocation | |inspection or disciplinary proceeding | | | |(ee) Section 475.42(1)(i), F.S. No broker or sales |(ee) $2,500 administrative fine and 30-day suspension|(ee) $2,500 to $5,000 administrative fine and | |associate shall place upon the public records any |to $5,000 administrative fine and 2-year suspension |2-year suspension to $5,000 administrative fine and| |false, void or unauthorized information that affects | |permanent revocation | |the title or encumbers any real property | | | |(ff) Section 475.42(1)(j), F.S. Failed to register |(ff) $1,000 administrative fine |(ff) $2,500 to $5,000 administrative fine and | |trade name with the Commission | |2-year suspension to $5,000 administrative fine and| | | |permanent revocation | |(gg) Section 475.42(1)(k) or 455.227(1)(i), F.S. No |(gg) $1,000 administrative fine and 90-day suspension|(gg) $2,500 to $5,000 administrative fine and | |person shall knowingly conceal information relating | |2-year suspension to $5,000 administrative fine and| |to violations of Chapter 475, F.S. or failing to | |permanent revocation | |report violations to the Department | | | |(hh) Section 475.42(1)(l), F.S. Fails to have a |(hh) $1,000 administrative fine and 90-day suspension|(hh) $2,500 to $5,000 administrative fine and | |current license as a broker or sales associate while | |2-year suspension to $5,000 administrative fine and| |listing or selling one or more timeshare periods per | |permanent revocation | |year | | | |(ii) Section 475.42(1)(m), F.S. Licensee fails to |(ii) $1,000 administrative fine and 90-day suspension|(ii) $2,500 to $5,000 administrative fine and | |disclose all material aspects of the resale of | |2-year suspension to $5,000 administrative fine and| |timeshare period or timeshare plan and the rights and| |permanent revocation | |obligations of both buyer or seller | | | |(jj) Section 475.42(1)(n), F.S. Publication of false |(jj) $1,000 administrative fine and 30-day suspension|(jj) $2,500 to $5,000 administrative fine and | |or misleading information; promotion of sales, leases|to $2,500 administrative fine and 2-year suspension |2-year suspension to $5,000 administrative fine and| |and rentals | |permanent revocation | |(kk) Section 475.451, F.S. School teaching real |(kk) $1,000 administrative fine and 90-day suspension|(kk) $2,500 to $5,000 administrative fine and | |estate practice fails to obtain a permit from the | |2-year suspension to $5,000 administrative fine and| |department and does not abide by regulations of | |permanent revocation | |Chapter 475, F.S., and rules adopted by the | | | |Commission | | | |(ll) Section 475.453, F.S. Broker or sales associate |(ll) $1,000 administrative fine and 90-day suspension|(ll) $2,500 to $5,000 administrative fine and | |participates in any rental information transaction | |90-day suspension to $5,000 administrative fine and| |that fails to follow the guidelines adopted by the | |revocation | |Commission and Chapter 475, F.S. | | | |(mm) Section 475.5015, F.S. Failure to keep and make |(mm) $1,000 administrative fine and 30-day suspension|(mm) $2,500 to $5,000 administrative fine and | |available to the department such books, accounts, and|to $2,500 administrative fine and 2-year suspension |90-day suspension to $5,000 administrative fine and| |records as will enable the department to determine | |revocation | |whether the broker is in compliance with the | | | |provisions of Chapter 475, F.S. | | | |(nn) Section 475.2755, F.S., Failure to require |(nn) $1,000 administrative fine and 30-day suspension|(nn) $2,500 to $5,000 administrative fine and | |required designated sales associate disclosure notice|to $2,500 administrative fine and 90-day suspension |90-day suspension to $5,000 administrative fine and| | | |revocation | |(oo) Section 475.278(1)(a), F.S. | | | |1. Section 475.278(1)(b), F.S. Failure to establish a|i. $1,000 administrative fine and 30-day suspension |i. $2,500 to $5,000 administrative fine and 90-day | |single brokerage or agent relationship in writing |to $2,500 administrative fine and 90-day suspension |suspension to $5,000 administrative fine and | | | |revocation | |2. Section 475.278(2), F.S., Violation of duties of |ii. $1,000 administrative fine and 30-day suspension |ii. $2,500 to $5,000 administrative fine and 90-day| |transaction broker |to $2,500 administrative fine and 90-day suspension |suspension to $5,000 administrative fine and | | | |revocation | |3. Section 475.278(3), F.S., Violation of single |iii. $1,000 administrative fine and 30-day suspension|iii. $2,500 to $5,000 administrative fine and | |agent duties or disclosure requirements |to $2,500 administrative fine and 90-day suspension |90-day suspension to $5,000 administrative fine and| | | |revocation | |4. Section 475.278(4), F.S., Violation of brokerage |iv. $1,000 administrative fine and 30-day suspension |iv. $2,500 to $5,000 administrative fine and 90-day| |relationship |to $2,500 administrative fine and 90-day suspension |suspension to $5,000 administrative fine and | | | |revocation | |(pp) Section 455.227(1)(o), F.S., Practicing or |(pp) $1,000 administrative fine and 30-day suspension|(pp) $2,500 to $5,000 administrative fine and | |offering to practice beyond scope or accepting |to $2,500 administrative fine and 90-day suspension |90-day suspension to $5,000 administrative fine and| |responsibilities not competent to perform | |revocation | |(qq) Section 455.227(1)(g), F.S. Found guilty of |(qq) $1,000 administrative fine and 30-day suspension|(qq) $2,500 to $5,000 administrative fine and | |knowingly filing false report or complaint against |to $2,500 administrative fine and 90-day suspension |90-day suspension to $5,000 administrative fine and| |another licensee | |revocation | |(rr) Section 455.227(1)(g), F.S. Aiding assisting, |(rr) $1,000 administrative fine and 30-day suspension|(rr) $2,500 to $5,000 administrative fine and | |employing or advising unlicensed person or activity |to $2,500 administrative fine and 90-day suspension |90-day suspension to $5,000 administrative fine and| | | |revocation | |(ss) Section 455.227(1)(s), F.S. Failing to comply |(ss) $1,000 administrative fine and 30-day suspension|(ss) $2,500 to $5,000 administrative fine and | |with the educational course requirements for domestic|to $2,500 administrative fine and 2-year suspension |2-year suspension to $5,000 administrative fine and| |violence | |permanent revocation | |(tt) Section 455.227(1)(t), F.S. Failing to report in|(tt) $1,000 administrative fine and 30-day suspension|(tt) $2,500 to $5,000 administrative fine and | |writing to the Commission within 30 days after the |to $2,500 administrative fine and 2-year suspension |2-year suspension to $5,000 administrative fine and| |licensee is convicted or found guilty of, or entered | |permanent revocation | |a plea of nolo contendere or guilty to, regardless of| | | |adjudication, a crime in any jurisdiction. | | | |(uu) Section 455.227(1)(u), F.S. Termination from a |(uu) $1,000 administrative fine and 30-day suspension|(uu) $2,500 to $5,000 administrative fine and | |treatment program for impaired practitioners as |to $2,500 administrative fine and 2-year suspension |2-year suspension to $5,000 administrative fine and| |described in Section 456.076 for failure to comply, | |permanent revocation | |without good cause, with the terms of the monitoring | | | |or treatment contract entered into by the licensee or| | | |failing to successfully complete a drug or alcohol | | | |treatment program | | | |(vv) Rule 61J2-3.015, F.A.C. Schooling failing to |(vv) $500 administrative fine per violation. |(vv) Same. | |retain course completion certificate for retention | | | |period required by rule. | | |

(4) (a) When either the Petitioner or Respondent is able to demonstrate aggravating or mitigating circumstances to the Commission in a Section 120.57(2), F.S., hearing or to a Division of Administrative Hearings hearing officer in a Section 120.57(1), F.S., hearing by clear and convincing evidence, the Commission or hearing officer shall be entitled to deviate from the above guidelines in imposing or recommending discipline, respectively, upon a licensee. Whenever the Petitioner or Respondent intends to introduce such evidence to the Commission in a Section 120.57(2), F.S., hearing, advance notice of no less than seven (7) days shall be given to the other party or else the evidence can be properly excluded by the Commission.

(b) Aggravating or mitigating circumstances may include, but are not limited to, the following:

1. The degree of harm to the consumer or public.

2. The number of counts in the Administrative Complaint.

3. The disciplinary history of the licensee.

4. The status of the licensee at the time the offense was committed.

5. The degree of financial hardship incurred by a licensee as a result of the imposition of a fine or suspension of the license.

6. Violation of the provision of Chapter 475, F.S., wherein a letter of guidance as provided in Section 455.225(4), F.S., previously has been issued to the licensee. Rulemaking Authority 455.2273, 475.05, 475.2801 FS. Law Implemented 455.227, 455.2273, 475.22, 475.24, 475.25, 475.2755, 475.278, 475.42, 475.453 FS. History–New 11-24-86, Amended 10-13-88, 4-20-89, 5-20-90, 12-29-91, 11-8-92, 6-28-93, Formerly 21V-24.001, Amended 11-16-93, 2-29-96, 12-30-97, 11-29-98, 1-18-00, 2-5-04, 1-30-06, 12-25-07, 7-21-10, 11-15-12, 5-10-22, 3-2-23.