Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69V - Finance › Chapter 69V-180 - COLLECTION AGENCIES › Section 69V-180.100 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(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.gov
, 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.