Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-24 - DISCIPLINARY MATTERS › Section 61J2-24.001 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(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 office or sign at entrance of office
(a) Reprimand and $500 administrative fine to 3-month
							 suspension and $1, 000 fine
(a) 90-day suspension and $1, 000 administrative fine
							 to 1 year suspension and $2, 000 fine
(b) Section
							 475.24, F.S. Failure to register
							 a branch office
(b) Reprimand and $500 administrative fine to 3-month
							 suspension and $1, 000 fine
(b) 90-day suspension and $1, 000 administrative 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
							 to $5, 000 administrative fine and revocation
1. $5, 000 administrative fine and 6 month suspension
							 to $5, 000 administrative fine and revocation
2. Concealment, false promises, false pretenses by
							 trick, scheme or device
2. $2, 500 administrative fine and 30-day suspension
							 to $5, 000 administrative fine and revocation
2. $5, 000 administrative fine and 6 month suspension
							 to $5, 000 administrative fine and revocation
3. Culpable negligence or breach of trust
3. $2, 500 administrative fine and 30-day suspension
							 to $5, 000 administrative fine and revocation
3. $5, 000 administrative fine and 6 month suspension
							 to $5, 000 administrative fine and revocation
4. Violating a duty imposed by law or by the terms of
							 a listing agreement
4. $2, 500 administrative fine and 30-day suspension
							 to $5, 000 administrative fine and revocation
4. $5, 000 administrative fine and 6 month suspension
							 to $5, 000 administrative fine and revocation
5. Aided, assisted or conspired with another; or
							 formed an intent, design or scheme to engage in such misconduct and committed
							 an overt act in furtherance of such intent, design or scheme
5. $2, 500 administrative fine and 30-day suspension
							 to $5, 000 administrative fine and revocation
5. $5, 000 administrative fine and 6 month suspension
							 to $5, 000 administrative fine and revocation
(d) Section
							 475.25(1)(c),
							 F.S. False, deceptive or misleading advertising
(d) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 90-day suspension
(d) $2, 500 to $5, 000 administrative fine and 90-day
							 suspension to 5, 000 administrative fine and revocation
(e) Subparagraph 475.25(1)(d)1., F.S. Failed to
							 account or deliver to any person as required by agreement or law, escrowed
							 property
(e) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 90-day suspension
(e) $2, 000 to $5, 000 administrative fine and 90-day
							 suspension to $5, 000 administrative fine and revocation
(f) Subparagraph 275.25(1)(d)2., F.S., Failed to
							 deposit money into escrow account when licensee is purchaser and contact
							 required deposit into escrow
(f) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 90-day suspension
(f) $2, 500 to $5, 000 administrative fine and 90-day
							 suspension to $5, 000 administrative fine and revocation
(g) Section
							 475.25(1)(e) or
							 455.227(1)(b) or
							 (1)(q), F.S. Violated any rule or order or
							 provision under Chapters 475 and 455, F.S., or failed to comply with a lawfully
							 issued subpoena
(g) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 90-day suspension
(g) $2, 500 to $5, 000 administrative fine and 90-day
							 suspension to $5, 000 administrative fine and revocation
1. No intent demonstrated
1. $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 90-day suspension
1. $2, 500 to $5, 000 administrative fine and 90-day
							 suspension to $5, 000 administrative fine and revocation
2. Intentionally violating or failing to
							 comply
2. $2, 500 administrative fine and 90-day suspension
							 to $5, 000 administrative fine and revocation
2. $5, 000 administrative fine and 2-year suspension
							 to $5, 000 fine and permanent revocation
(h) Section
							 475.25(1)(f) or
							 455.227(1)(c),
							 F.S. Convicted or found guilty of a crime related to real estate or involving
							 moral turpitude or fraudulent or dishonest dealing
(h) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and revocation
(h) $2, 500 to $5, 000 administrative fine and 6
							 month suspension to $5, 000 administrative fine and revocation
(i) Section
							 475.25(1)(g) or
							 455.227(1)(f),
							 F.S. Has license disciplined or acted against or an application denied by
							 another jurisdiction
(i) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and revocation
(i) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(j) Section
							 475.25(1)(h),
							 F.S. Has shared a commission with or paid a fee to a person not properly
							 licensed under Chapter 475, F.S.
(j) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and revocation
(j) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(k) Section
							 475.25(1)(i),
							 F.S. Impairment by drunkenness, or use of drugs or temporary mental
							 derangement
(k) Suspension for the period of incapacity, with
							 reinstatement upon showing of ability to practice with reasonable safety to
							 reinstatement on showing of ability to practice with reasonable safety and 1
							 year probation
(k) Suspension for the period of incapacity with
							 reinstatement upon showing of ability to practice with reasonable safety to
							 reinstatement on showing of ability to practice with reasonable safety and 1
							 year probation to revocation
(l) Section
							 475.25(1)(j),
							 F.S. Rendered an opinion that the title to property sold is good or
							 merchantable when not based on opinion of a licensed attorney or has failed to
							 advise prospective buyer to consult an attorney on the merchantability of title
							 or to obtain title insurance
(l) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and revocation
(l) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(m) Section
							 475.25(l)(k),
							 F.S. Has failed, if a broker, to deposit any money in an escrow account
							 immediately upon receipt until disbursement is properly authorized. Has failed,
							 if a sales associate, to place any money to be escrowed with his registered
							 employer
(m) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and revocation
(m) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(n) Section
							 475.25(1)(l) or
							 455.227(1)(f),
							 F.S. Has made or filed a report or record which the licensee knows to be false
							 or willfully failed to file a report or record or willfully impeded such filing
							 as required by State or Federal Law
(n) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and revocation
(n) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(o) Section
							 475.25(1)(m) or
							 455.227(1)(h),
							 F.S. Obtained a license by fraud, misrepresentation, concealment, bribery, or
							 through error of Commission or Department
(o) $1, 000 administrative fine and revocation with
							 ability to reapply for subsequent licensure
(o) $5, 000 administrative fine and permanent
							 revocation
(p) Section
							 475.25(1)(n),
							 F.S. Confined in jail, prison or mental institution; or through mental disease
							 can no longer practice with skill and safety
(p) Suspension until released from facility and
							 demonstration of ability to practice with reasonable safety, followed by 1 year
							 probation
(p) Suspension while in facility and for two years
							 following release; reinstatement upon demonstration 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 time of misconduct in the practice of real estate
							 that demonstrates incompetent, dishonest or negligent dealings with
							 investors
(q) $5, 000 administrative fine and a 1 year
							 suspension to $5, 000 administrative fine and revocation
(q) $5, 000 administrative fine and permanent
							 revocation
(r) Section
							 475.25(1)(p),
							 F.S. Failed to give Commission 30 day written notice after a guilty or nolo
							 contendere plea or convicted of any felony
(r) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 2-year suspension
(r) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(s) Section
							 475.25(1)(r),
							 F.S. Failed to follow the requirements of a written listing agreement
(s) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 2-year suspension
(s) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(t) Section
							 475.25(1)(s),
							 F.S. Has had a registration suspended, revoked or otherwise acted against in
							 any jurisdiction
(t) $250 to $1, 000 administrative fine and 60-day
							 suspension to revocation
(t) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(u) Section
							 475.25(1)(t),
							 F.S. Violated the Uniform Standards of Professional Appraisal Practice as
							 defined in Section 475.611, F.S.
(u) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 2-year suspension
(u) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(v) Section
							 475.25(1)(u),
							 F.S. Has failed, if a broker, to direct, control, or manage a broker associate
							 or sales associate employed by such broker
(v) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 2-year suspension
(v) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(w) Section
							 475.25(1)(v),
							 F.S. Has failed, if a broker, to review the brokerage's trust accounting
							 procedures in order to ensure compliance with this chapter
(w) $1, 000 to $2, 500 administrative fine and 90-day
							 suspension to revocation
(w) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(x) Section
							 475.42(1)(a),
							 F.S. Practice without a valid and current license
(x) $1, 000 to $2, 500 administrative fine and 90-day
							 suspension to revocation
(x) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(y) Section
							 475.42(1)(b),
							 F.S. Practicing beyond scope as a sales associate
(y) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 2-year suspension
(y) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(z) Section
							 475.42(1)(c),
							 F.S. Broker employs a sales associate who is not the holder of a valid and
							 current license
(z) $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 2-year suspension
(z) $2, 500 to $5, 000 administrative fine and 2-year
							 suspension to $5, 000 administrative fine and permanent revocation
(aa) Section
							 475.42(1)(d),
							 F.S. A sales associate shall not collect any money in connection with any real
							 estate brokerage transaction except in the name of the employer
(aa) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 2-year suspension
(aa) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(bb) Section
							 475.42(1)(f),
							 F.S. Makes false affidavit or affirmation or false testimony before the
							 Commission
(bb) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 2-year suspension
(bb) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(cc) Section
							 475.42(1)(g),
							 F.S. Fails to comply with subpoena
(cc) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 2-year suspension
(cc) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(dd) Section
							 475.42(1)(h) or
							 455.227(1)(r),
							 F.S. Obstructs or hinders the enforcement of Chapter 475, F.S. or improperly
							 interfering with investigation or inspection or disciplinary proceeding
(dd) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 2-year suspension
(dd) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(ee) Section
							 475.42(1)(i),
							 F.S. No broker or sales associate shall place upon the public records any
							 false, void or unauthorized information that affects the title or encumbers any
							 real property
(ee) $2, 500 administrative fine and 30-day
							 suspension to $5, 000 administrative fine and 2-year suspension
(ee) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(ff) Section
							 475.42(1)(j),
							 F.S. Failed to register trade name with the Commission
(ff) $1, 000 administrative fine
(ff) $2, 500 to $5, 000 administrative fine and
							 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 person shall knowingly conceal information relating to violations of
							 Chapter 475, F.S. or failing to report violations to the Department
(gg) $1, 000 administrative fine and 90-day
							 suspension
(gg) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(hh) Section
							 475.42(1)(l),
							 F.S. Fails to have a current license as a broker or sales associate while
							 listing or selling one or more timeshare periods per year
(hh) $1, 000 administrative fine and 90-day
							 suspension
(hh) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(ii) Section
							 475.42(1)(m),
							 F.S. Licensee fails to disclose all material aspects of the resale of timeshare
							 period or timeshare plan and the rights and obligations of both buyer or
							 seller
(ii) $1, 000 administrative fine and 90-day
							 suspension
(ii) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(jj) Section
							 475.42(1)(n),
							 F.S. Publication of false or misleading information; promotion of sales, leases
							 and rentals
(jj) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 2-year suspension
(jj) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(kk) Section
							 475.451, F.S. School teaching
							 real estate practice fails to obtain a permit from the department and does not
							 abide by regulations of Chapter 475, F.S., and rules adopted by the
							 Commission
(kk) $1, 000 administrative fine and 90-day
							 suspension
(kk) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(ll) Section
							 475.453, F.S. Broker or sales
							 associate participates in any rental information transaction that fails to
							 follow the guidelines adopted by the Commission and Chapter 475, F.S.
(ll) $1, 000 administrative fine and 90-day
							 suspension
(ll) $2, 500 to $5, 000 administrative fine and
							 90-day suspension to $5, 000 administrative fine and revocation
(mm) Section
							 475.5015, F.S. Failure to keep
							 and make available to the department such books, accounts, and records as will
							 enable the department to determine whether the broker is in compliance with the
							 provisions of Chapter 475, F.S.
(mm) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 2-year suspension
(mm) $2, 500 to $5, 000 administrative fine and
							 90-day suspension to $5, 000 administrative fine and revocation
(nn) Section
							 475.2755, F.S., Failure to
							 require required designated sales associate disclosure notice
(nn) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 90-day suspension
(nn) $2, 500 to $5, 000 administrative fine and
							 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 single brokerage or agent relationship in
							 writing
i. $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 90-day suspension
i. $2, 500 to $5, 000 administrative fine and 90-day
							 suspension to $5, 000 administrative fine and revocation
2. Section
							 475.278(2),
							 F.S., Violation of duties of transaction broker
ii. $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 90-day suspension
ii. $2, 500 to $5, 000 administrative fine and 90-day
							 suspension to $5, 000 administrative fine and revocation
3. Section
							 475.278(3),
							 F.S., Violation of single agent duties or disclosure requirements
iii. $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 90-day suspension
iii. $2, 500 to $5, 000 administrative fine and
							 90-day suspension to $5, 000 administrative fine and revocation
4. Section
							 475.278(4),
							 F.S., Violation of brokerage relationship
iv. $1, 000 administrative fine and 30-day suspension
							 to $2, 500 administrative fine and 90-day suspension
iv. $2, 500 to $5, 000 administrative fine and 90-day
							 suspension to $5, 000 administrative fine and revocation
(pp) Section
							 455.227(1)(o),
							 F.S., Practicing or offering to practice beyond scope or accepting
							 responsibilities not competent to perform
(pp) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 90-day suspension
(pp) $2, 500 to $5, 000 administrative fine and
							 90-day suspension to $5, 000 administrative fine and revocation
(qq) Section
							 455.227(1)(g),
							 F.S. Found guilty of knowingly filing false report or complaint against another
							 licensee
(qq) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 90-day suspension
(qq) $2, 500 to $5, 000 administrative fine and
							 90-day suspension to $5, 000 administrative fine and revocation
(rr) Section
							 455.227(1)(g),
							 F.S. Aiding assisting, employing or advising unlicensed person or
							 activity
(rr) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 90-day suspension
(rr) $2, 500 to $5, 000 administrative fine and
							 90-day suspension to $5, 000 administrative fine and revocation
(ss) Section
							 455.227(1)(s),
							 F.S. Failing to comply with the educational course requirements for domestic
							 violence
(ss) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 2-year suspension
(ss) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(tt) Section
							 455.227(1)(t),
							 F.S. Failing to report in writing to the Commission within 30 days after the
							 licensee is convicted or found guilty of, or entered a plea of nolo contendere
							 or guilty to, regardless of adjudication, a crime in any jurisdiction.
(tt) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 2-year suspension
(tt) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(uu) Section
							 455.227(1)(u),
							 F.S. Termination from a treatment program for impaired practitioners as
							 described in Section 456.076 for failure to comply, 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
(uu) $1, 000 administrative fine and 30-day
							 suspension to $2, 500 administrative fine and 2-year suspension
(uu) $2, 500 to $5, 000 administrative fine and
							 2-year suspension to $5, 000 administrative fine and permanent
							 revocation
(vv) Rule
							 61J2-3.015, F.A.C. Schooling
							 failing to retain course completion certificate for retention period required
							 by rule.
(vv) $500 administrative fine per violation.
(vv) Same.
(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.