Administrative penalties, citations, and guidelines
When a case ends in a finding of guilt, the commission chooses a penalty. Two statutes set the menu: 475.25(1) for real estate licensees and 455.227(2) for all DBPR professions.
What FREC may impose
Under 475.25(1), the commission may do any one or more of the following:
| Penalty | Limit |
|---|---|
| Deny an application, or the renewal of a license, registration or permit | |
| Probation | |
| Suspension | Up to 10 years |
| Revocation | |
| Administrative fine | Up to $5,000 for each count or separate offense |
| Reprimand |
The fine limit is per count. An administrative complaint charging three separate violations could support fines of up to $15,000.
Chapter 455 adds a few tools in 455.227(2), including restriction of practice, corrective action, and probation conditions such as continuing education, reexamination or supervision.
Administrative penalties affect the license and the licensee's wallet. FREC cannot send anyone to jail. Criminal penalties come from a criminal court under 475.42 (next lesson).
Costs and unpaid fines
- Under 455.227(3)(a), the licensee may also be charged the costs of the investigation and prosecution, not including attorney time.
- Under 455.227(3)(c), the department will not issue or renew a license for anyone who owes a fine or costs until it is paid or the final order's terms are met.
- Under 475.25(3), a disciplined license is reissued once the commission certifies that the licensee has complied with all terms of the final order.
Disciplinary guidelines
Fla. Stat. 455.2273 requires each board to adopt disciplinary guidelines by rule. FREC's are in Florida Administrative Code Chapter 61J2-24. The guidelines must set a meaningful range of penalties based on how serious and how repeated the offense is, and minor violations are meant to be treated differently from those that endanger the public.
A penalty outside the guidelines requires a specific finding of aggravating or mitigating circumstances. An administrative law judge must follow the guidelines and, when recommending a penalty, must state in writing the aggravating or mitigating circumstances it is based on (455.2273(3) and (5)).
Citations
A citation is a quicker alternative to a full disciplinary case for less serious violations (455.224):
- The board designates by rule which violations qualify. They must be violations that pose no substantial threat to public health, safety and welfare.
- It must be issued within 6 months after the complaint it is based on was filed.
- The licensee has 30 days after service to dispute it. If they do, the regular 455.225 process applies.
- If it is not disputed, the citation becomes a final order and constitutes discipline.
The fine for each citation-eligible violation is set by FREC rule, not by the statute.
Notice of noncompliance
For a first minor violation, 455.225(3) lets the department issue a notice of noncompliance instead of starting discipline. A violation is minor if it does not show a serious inability to practice, did not cause economic or physical harm, and does not threaten public health, safety or welfare. If the licensee does not correct the problem within 15 days, regular disciplinary proceedings may begin.