Current through Reg. 50, No. 187; September 24, 2024
(1) Penalty Per
Count.
(a) The Department is authorized to
find that multiple grounds exist under Sections
634.181,
634.191,
634.320,
634.321,
634.422,
634.423,
642.041, and
642.043, F.S., to initiate
disciplinary action against the licensee based upon a single count in an
administrative complaint and based upon a single act of misconduct by a
licensee or employee. However, for the purpose of this rule chapter, only the
violation specifying the maximum stated penalty will be considered for that
count. The maximum stated penalty established for each count is referred to as
the "penalty per count."
(b) The
requirement for a single maximum 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. The final penalty imposed
against a licensee under these rules shall be the total penalty, as adjusted to
take into consideration any aggravating or mitigating factors set forth in Rule
69B-232.160. F.A.C.
(a) If the licensee is a motor vehicle
service agreement salesperson, legal expense insurance sales representative, or
general lines agent, in the event the final penalty is a suspension for a
duration that exceeds twenty-four (24) months, the final penalty shall be
revocation.
(b) If the licensee is
a home warranty sales representative or service warranty sales representative,
in the event the final penalty is a suspension for a duration that exceed
twelve (12) months, the final penalty shall be
revocation.
Rulemaking Authority
624.308,
626.207,
634.021,
634.302,
634.402 FS. Law Implemented
624.307,
624.308,
626.641,
634.181,
634.191,
634.320,
634.321,
634.3225,
634.422,
634.423,
634.425,
642.041,
642.043 FS.
New 11-10-19.
