Fla. Admin. Code Ann. R. 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
VIOLATION	MINIMUM	MAXIMUM
	(Each semi-colon indicates "or" in this column)	(Each semi-colon indicates "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 Offense	Reprimand	$1, 000 fine; costs
Second Offense	$500 fine	Probation; $2500 fine; costs
Third or Subsequent Offense	Probation; $2, 500 fine	One year suspension; $5, 000 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 Offense	Reprimand	$1, 000 fine; costs
Second Offense	$500 fine	Probation; $2, 500 fine; costs
Third or Subsequent Offense	Probation; $2, 500 fine	One year suspension; $5, 000 fine; costs

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

Being convicted of or pleading nolo contendere to a felony.
First Offense	Reprimand; $500 fine	Revocation; $1, 000 fine; costs
Second Offense	One year suspension; $1, 000 fine	Revocation; $5, 000 fine; costs
Third or Subsequent Offense	Two years suspension; $1, 000 fine	Revocation; $5, 000 fine; costs

(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	$1, 000 fine	Revocation; $5, 000 fine; costs
Second Offense	One year suspension; $1, 000 fine	Revocation; $5, 000 fine; costs
Third or Subsequent Offense	Revocation	Revocation; $5, 000 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 fine	Revocation; $5, 000 fine; costs
Second Offense	$2, 500 fine	Revocation; $5, 000 fine; costs
Third or Subsequent Offense	One year suspension; one year probation; $2, 500 fine	Revocation; $5, 000 fine; costs

(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	$1, 000 fine	Revocation; $5, 000 fine; costs
Second Offense	One year suspension; $2, 500 fine	Revocation; $5, 000 fine; costs
Third or Subsequent Offense	Revocation	Revocation; $5, 000 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	$1, 000 fine; costs
Second Offense	$500 fine	Probation; $2, 500 fine; costs
Third or Subsequent Offense	Probation; $2, 500 fine	One year suspension; $5, 000 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 Offense	Reprimand	One year suspension; $2, 500 fine; costs
Second Offense	One year probation; $1, 000 fine	One year suspension; two years probation; $5, 000 fine; costs
Third or Subsequent Offense	$2, 500 fine	Revocation; $5, 000 fine; costs

(i) Paragraph 61E14-2.001(2)(b), F.A.C.

Use funds for undesignated purpose.
First Offense	$250 fine	Revocation; $5, 000 fine; costs
Second Offense	$2, 500 fine; two years probation	Revocation; $5, 000 fine; costs
Third or Subsequent Offense	One year suspension; two years probation; $5, 000 fine	Revocation; $5, 000 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	$1, 000 fine; costs
Second Offense	One year probation; $500 fine	One year suspension; two years probation; $5, 000 fine; costs
Third or Subsequent Offense	Two years suspension; $2, 500 fine	Revocation; $5, 000 fine; costs

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

A licensee shall not withhold possession of records.
First Offense	Reprimand	$2, 500 fine; one year suspension; costs
Second Offense	$500 fine	$2, 500 fine; Revocation; costs
Third or Subsequent Offense	$1, 000 fine	Revocation; $5, 000 fine; costs

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

A licensee shall not deny or delay access to association records.
First Offense	Reprimand	$1, 000 fine; costs
Second Offense	$500 fine	$2, 500 fine; one year suspension; one year probation; costs
Third or Subsequent Offense	One year probation; $3, 000 fine	One year suspension; two years probation; $5, 000 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 Offense	Reprimand; $1, 000 fine	One year suspension; two years probation; $1, 000 fine; costs
Second Offense	One year suspension; two years probation; $2, 500 fine	Revocation; $5, 000 fine; costs
Third or Subsequent Offense	Two years suspension; two years probation; $5, 000 fine	Revocation; $5, 000 fine; costs

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

A licensee or registrant shall not fail to maintain records.
First Offense	Reprimand	One year suspension; $1, 000 fine; costs
Second Offense	$500 fine	Two years suspension; $2, 500 fine; two years probation; costs
Third or Subsequent Offense	One year suspension; two years probation	Revocation; $5, 000 fine; costs

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

Practice on a delinquent or inactive license.
First Offense	$125 fine	$1, 250 fine; costs
Second Offense	$250 fine	$2, 500 fine; costs
Third or Subsequent Offense	$500 fine	Revocation; $5, 000 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 Offense	One year suspension; $1, 000 fine	Revocation; $5, 000 fine; costs
Second Offense	One year suspension; $1, 500 fine	Revocation; $5, 000 fine; costs
Third or Subsequent Offense	Two years suspension; $3, 000 fine	Revocation; $5, 000 fine; costs

(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 fine	One year suspension; $3, 000 fine; costs
Second Offense	Two years probation; $1, 000 fine	Revocation; $5, 000 fine; costs
Third or Subsequent Offense	One year suspension; $2, 500 fine	Revocation; $5, 000 fine; costs

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

Attempting to obtain, obtaining, or renewing a license by bribery, fraudulent misrepresentation, or error.
First Offense	$1, 000 fine	Revocation; $5, 000 fine; costs
Second Offense	One year suspension; $3, 000 fine	Revocation; $5, 000 fine; costs
Third or Subsequent Offense	Two years suspension; $5, 000 fine	Revocation; $5, 000 fine; costs

(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 Offense	Reprimand	One year suspension; $3, 000 fine; costs
Second Offense	Reprimand; one year probation	Two years suspension; $5, 000 fine; costs
Third or Subsequent Offense	Reprimand; two years probation	Revocation; $5, 000 fine; costs

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

Aiding, assisting, procuring, employing, or advising any unlicensed person or entity.
First Offense	Reprimand	One year suspension; $3, 000 fine; costs
Second Offense	$1, 000 fine	Two years suspension; two years probation; $5, 000 fine; costs
Third or Subsequent Offense	One year suspension; one year probation	Revocation; $5, 000 fine; costs

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

Aiding, assisting, procuring, employing, or advising any unlicensed person or entity.
First Offense	Reprimand	One year suspension; two years probation; $3000 fine; costs
Second Offense	Reprimand	Two years suspension; two years probation; $5, 000 fine; costs
Third or Subsequent Offense	Reprimand; $500 fine	Revocation; $5, 000 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 fine	Revocation; $5, 000 fine; costs
Second Offense	$1, 000 fine	Revocation; $5, 000 fine; costs
Third or Subsequent Offense	$2, 500 fine	Revocation; $5, 000 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 Offense	Reprimand; $500 fine	Revocation; $5, 000 fine; costs
Second Offense	One year probation; $1, 000 fine	Revocation; $5, 000 fine; costs
Third or Subsequent Offense	One year suspension; two years probation; $2, 500 fine	Revocation; $5, 000 fine; costs

(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 Offense	Reprimand	One year suspension; $5, 000 fine; costs
Second Offense	Two years probation; $500 fine	Two years suspension; two years probation; $5, 000 fine; costs
Third or Subsequent Offense	One year suspension; two years probation; $2, 500 fine	Revocation; $5, 000 fine; costs

(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	$1, 000 fine	Revocation; $5, 000 fine; costs
Second Offense	One year suspension; $2, 500 fine	Revocation; $5, 000 fine; costs
Third or Subsequent Offense	Two years suspension; $5, 000 fine	Revocation; $5, 000 fine; costs

(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	$1, 000 fine; costs
Second Offense	$500 fine	Probation; $2, 500 fine; costs
Third or Subsequent Offense	Probation; $2, 500 fine	One year suspension; $5, 000 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.

Notes

Fla. Admin. Code Ann. R. 61-20.010

Rulemaking Authority 455.2273(1) FS. Law Implemented 455.227, 455.2273, 468.436 FS.

New 6-2-03, Amended by Florida Register Volume 41, Number 194, October 6, 2015 effective 10/20/2015.

New 6-2-03, Amended 10-20-15.