Florida Regulations 69G-20.075: STATED PENALTY GUIDELINES FOR VIOLATION OF SECTIONS 717.1322 AND 717.1341, F.S., BY REGISTRANTS
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(1) If it is found that a registrant has violated any of the following subsections of Florida Statutes § 717.1322, the following stated penalty guidelines shall apply for each act, transaction or occurrence. The penalty imposed within the range of penalties should be based upon the severity of the violation. It is the Florida Legislature’s intent that minor violations be distinguished from serious violations.
(a) Section 717.1322(1)(a), F.S. – suspension of 6 months to revocation if the act is willful or with reckless disregard or deliberate ignorance of the truth, 1 to 2 months if the act is not willful or with reckless disregard or deliberate ignorance of the truth.
(b) Section 717.1322(1)(b), F.S. – suspension of 6 months to revocation.
(c) Section 717.1322(1)(c), F.S. – suspension of 6 months to revocation.
(d) Section 717.1322(1)(d), F.S. – suspension of 3 to 6 months.
(e) Section 717.1322(1)(e), F.S. – suspension of 3 to 6 months.
(f) Section 717.1322(1)(f), F.S. – suspension of 3 to 6 months if the act is willful, 1 to 2 months if the act is not willful.
(g) Section 717.1322(1)(g), F.S. – suspension of 3 months to revocation and a $500 to $1,000 fine per day of non-compliance.
(h) Section 717.1322(1)(h), F.S. – see Fl. Admin. Code R. 69G-20.077
(i) Section 717.1322(1)(i), F.S. – suspension of 3 to 6 months if the act is willful, 1 to 2 months if the act is not willful.
(j) Section 717.1322(1)(k), F.S. – suspension of 3 to 6 months and a $500 to $1,000 fine per day of non-compliance if the act is willful, 1 to 2 months suspension if the act is not willful.
(k) Section 717.1322(1)(l), F.S. – suspension of 12 to 24 months.
(l) Florida Statutes § 717.1341(3) – a fine equal to the value of the property for the first offense, a fine equal to twice the value of the property for the second offense, and a fine equal to three times the value of the property for the third and subsequent offenses.
(2) Any registrant that has an aggregate final penalty of suspension of more than 3 years shall have such person’s registration revoked and shall be prohibited from being director, officer, agent, employee, or ultimate equitable owner of a 10% percent or greater interest in an employer of a registrant.
Rulemaking Authority 717.138 FS. Law Implemented 717.101, 717.102, 717.103, 717.1035, 717.104, 717.1045, 717.105, 717.106, 717.107, 717.1071, 717.108, 717.109, 717.1101, 717.111, 717.112, 717.113, 717.115, 717.116, 717.117, 717.119, 717.124, 717.12404, 717.12405, 717.1261, 717.1262, 717.1301(1), 717.1311, 717.1315, 717.132, 717.1322, 717.1323, 717.134, 717.1341, 717.135, 717.1351, 717.1400 FS. History-New 1-3-05, Formerly 69I-20.075.
Terms Used In Florida Regulations 69G-20.075
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(b) Section 717.1322(1)(b), F.S. – suspension of 6 months to revocation.
(c) Section 717.1322(1)(c), F.S. – suspension of 6 months to revocation.
(d) Section 717.1322(1)(d), F.S. – suspension of 3 to 6 months.
(e) Section 717.1322(1)(e), F.S. – suspension of 3 to 6 months.
(f) Section 717.1322(1)(f), F.S. – suspension of 3 to 6 months if the act is willful, 1 to 2 months if the act is not willful.
(g) Section 717.1322(1)(g), F.S. – suspension of 3 months to revocation and a $500 to $1,000 fine per day of non-compliance.
(h) Section 717.1322(1)(h), F.S. – see Fl. Admin. Code R. 69G-20.077
(i) Section 717.1322(1)(i), F.S. – suspension of 3 to 6 months if the act is willful, 1 to 2 months if the act is not willful.
(j) Section 717.1322(1)(k), F.S. – suspension of 3 to 6 months and a $500 to $1,000 fine per day of non-compliance if the act is willful, 1 to 2 months suspension if the act is not willful.
(k) Section 717.1322(1)(l), F.S. – suspension of 12 to 24 months.
(l) Florida Statutes § 717.1341(3) – a fine equal to the value of the property for the first offense, a fine equal to twice the value of the property for the second offense, and a fine equal to three times the value of the property for the third and subsequent offenses.
(2) Any registrant that has an aggregate final penalty of suspension of more than 3 years shall have such person’s registration revoked and shall be prohibited from being director, officer, agent, employee, or ultimate equitable owner of a 10% percent or greater interest in an employer of a registrant.
Rulemaking Authority 717.138 FS. Law Implemented 717.101, 717.102, 717.103, 717.1035, 717.104, 717.1045, 717.105, 717.106, 717.107, 717.1071, 717.108, 717.109, 717.1101, 717.111, 717.112, 717.113, 717.115, 717.116, 717.117, 717.119, 717.124, 717.12404, 717.12405, 717.1261, 717.1262, 717.1301(1), 717.1311, 717.1315, 717.132, 717.1322, 717.1323, 717.134, 717.1341, 717.135, 717.1351, 717.1400 FS. History-New 1-3-05, Formerly 69I-20.075.