Fla. Admin. Code R. 61B-60.008

Current through Reg. 50, No. 222; November 13, 2024

Section 61B-60.008 - Standards of Conduct; Penalties

(1) The license of a broker or salesperson, as applicable, shall be suspended or cancelled where:

(a) Upon termination of a surety bond pursuant to Section 326.004(11), F.S., the licensee fails to simultaneously file a new bond with the division; or

(b) A salesperson withdraws from the employment of a broker. In such a case, the broker shall immediately return the salesperson's license to the division; or

(c) A broker severs his or her professional relationship with a business entity so that the remaining salespersons are no longer employed by a broker licensed as required pursuant to Chapter 326, F.S. In such a case, the broker shall immediately notify the division and the salesperson shall immediately return his or her license to the division pending installation of a new broker at the respective business entity.

(2) The division shall suspend or revoke the license of a broker or salesperson under the provisions of Section 326.006(2)(e), (f), F.S., for cause shown including the violation of applicable administrative rules.

(3) Standards of Conduct:

(a) A licensee shall not knowingly misrepresent facts, shall have an affirmative duty to inform the division of any changes in status or of any knowledge of any facts that may adversely affect the licensee's fitness for licensure, shall undertake to perform only those brokerage services that he or she can reasonably expect to complete with professional competence, shall exercise due professional care in the performance of brokerage services, and shall not permit others to carry out on his or her behalf, either with or without compensation, acts that, if carried out by the licensee, would place him or her in violation of Sections 326.001 through 326.006, F.S. or Chapter 61B-60, F.A.C.

(b) A broker shall be deemed responsible by the division for the actions of all salespersons who perform brokerage functions under his or her supervision and control.

(4) Guidelines for Determining Civil Penalties:

(a) To assure consistency with respect to the amount of any civil penalty to be assessed in a consent order or final order, the following guidelines have been established. Aggravating or mitigating circumstances, when considered, may increase or decrease the respective amount of any civil penalty.

(b) Examples of aggravating or mitigating circumstances may include the following:

1. Criminal record of licensee;

2. Civil litigation history bearing upon issues relating to the administration of Chapter 326, F.S.;

3. Administrative action history, either formal or informal, bearing upon issues relating to the administration of Chapter 326, F.S.;

4. Cooperation of respondent relating to the Division's investigation and prosecution of the instant matter;

5. Whether the division required the assistance of external parties in preparation of the division's case;

6. Whether the licensee's conduct was intentional;

7. Whether the licensee, or any agent engaged by the licensee, knew or should have known that the subject misfeasance or malfeasance constituted a violation of Chapter 326, F.S., or the rules promulgated thereunder, or any other law or rule having impact upon the respective proceeding;

8. Circumstances precipitating the investigation;

9. Nature of the violation;

10. History of similar violation; and

11. Any combination of any of the above factors.

(c) The imposition of a civil penalty is not intended to preclude the division from imposing any further sanctions that it may be authorized to impose pursuant to Chapter 326, F.S., or the rules promulgated thereunder.

Fla. Admin. Code Ann. R. 61B-60.008

Specific Authority 326.002, 326.003, 326.004 FS. Law Implemented 326.004, 326.006 FS.

New 11-25-90, Amended 10-11-92, Formerly 7D-60.008, 7D-60.009, 7D-60.010, Amended 1-26-97, 3-13-02.