Fla. Admin. Code Ann. R. 69B-241.040 - Calculating Penalty

(1) Penalty Per Count.

(a) The Department is authorized to find that multiple grounds exist under section 648.45, F.S., for disciplinary action against the licensee based upon a single count in an administrative complaint which is based upon a single act of misconduct by a licensee. However, for the purpose of this rule chapter, only the violation specifying the highest stated penalty will be considered for that count. The highest stated penalty thus established for each count is referred to as the "penalty per count."

(b) The requirement for a single highest stated penalty for each count in an administrative complaint shall be applicable regardless of the number or nature of the violations established in a single count of an administrative complaint.

(2) Total Penalty. Each penalty per count shall be added together and the sum shall be referred to as the "total penalty."

(3) Final Penalty.

(a) The final penalty which will be imposed against a licensee under these rules shall be the total penalty, as adjusted to take into consideration any aggravating or mitigating factors;

(b) The Department shall convert the total penalty to an administrative fine and probation if:

1. The licensee has not previously been subjected to an administrative penalty and the current action does not involve a violation of section 648.45 or 648.571, F.S.;

2. Any restitution due a consumer has been fully paid.

(c) The Department will consider the factors set forth in rule subsection 69B-241.160(1), F.A.C., in determining whether to convert the total penalty to an administrative fine and probation.

(d) In the event that the final penalty would exceed a suspension of 2 years (24 months), the final penalty shall be revocation. This provision shall not apply to an immediate temporary suspension imposed pursuant to section 648.45(1), F.S.

Notes

Fla. Admin. Code Ann. R. 69B-241.040

Rulemaking Authority 624.308, 648.26(1)(a) FS. Law Implemented 624.307(1), 624.308, 648.26(1)(a), 648.45, 648.46, 648.49, 648.50, 648.52, 648.525, 648.53 FS.

New 2-23-12.

New 2-23-12.