Section 69B-231.040 - Calculating Penalty(1) Penalty Per Count. (a) The Department is authorized to find that multiple grounds exist under sections 626.611, 626.621, 626.8437, 626.844, and 626.9957, 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. 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-231.160, F.A.C. If the licensee is a title insurance agent or agency, in the event the final penalty is a suspension for a duration that exceeds twelve (12) months, the final penalty shall be revocation. For all other licensees, in the event the final penalty is a suspension for a duration that exceeds twenty-four (24) months, the final penalty shall be revocation.Fla. Admin. Code Ann. R. 69B-231.040
Rulemaking Authority 624.308(1), 626.9957(12), 626.9958 FS. Law Implemented 624.307(1), 624.308, 626.207, 626.611, 626.621, 626.641, 626.681, 626.691, 626.8437, 626.844, 626.8443, 626.9957 FS.
New 7-13-93, Formerly 4-231.040, Amended 8-15-06, Amended by Florida Register Volume 40, Number 166, August 26, 2014 effective 9/10/2014, Amended by Florida Register Volume 45, Number 010, January 15, 2019 effective 1/30/2019.New 7-13-93, Formerly 4-231.040, Amended 8-15-06, 9-10-14, 1-30-19.