Fla. Admin. Code R. 69G-20.076

Current through Reg. 50, No. 177; September 10, 2024

Section 69G-20.076 - STATED PENALTY GUIDELINES FOR VIOLATION OF SECTIONS 717.1322 AND 717.1341, F.S., BY PERSONS WHO ARE NOT REGISTRANTS

(1) If it is found that a person, who is not a registrant when the act was committed, has violated any of the following subsections of section 717.1322, F.S., 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. - fine of $500 to $1,000 if the act is willful or with reckless disregard or deliberate ignorance of the truth, $100 to $250 if the act is not willful or with reckless disregard or deliberate ignorance of the truth.

(b) Section 717.1322(1)(b), F.S. - fine of $500 to $2,000.

(c) Section 717.1322(1)(c), F.S. - fine of $500 to $2,000.

(d) Section 717.1322(1)(d), F.S. - fine of $250 to $750.

(e) Section 717.1322(1)(e), F.S. - fine of $250 to $750.

(f) Section 717.1322(1)(f), F.S. - fine of $500 to $1,000 if the act is willful, $100 to $250 if the act is not willful.

(g) Section 717.1322(1)(g), F.S. - $500 to $1,000 fine per day of non-compliance.

(h) Section 717.1322(1)(i), F.S. - fine of $250 to $750 if the act is willful, $100 to $250 if the act is not willful.

(i) Section 717.1322(1)(j), F.S. - fine of $500 to $1,000 if the person has committed the act for compensation or gain, or in the expectation of compensation or gain, a reprimand if the person has committed the act without the expectation of compensation or gain.

(j) Section 717.1322(1)(k), F.S. - fine of $500 to $1,000 fine per day of non-compliance if the act is willful, $100 to $250 if the act is not willful.

(k) Section 717.1322(1)(l), F.S. - fine of $1,000 to $2,000.

(l) Section 717.1341(3), F.S. - 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 person that has an aggregate final penalty of more than $5,000 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.

Fla. Admin. Code Ann. R. 69G-20.076

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.

New 1-3-05, Formerly 69I-20.076.