INFORMATION FOR SECURITY OFFICERS

The Division sets forth below disciplinary guidelines from which penalties will be imposed upon any person or agency violating Chapter 493, F.S. The purpose of the disciplinary guidelines is to provide notice of the range of penalties which may be imposed for specific violations. The language below is intended to summarize the statutory language and is not a complete statement of the violation.

(1) The disciplinary guidelines for violations committed by agencies are as follows:

	VIOLATION	RANGE OF PENALTIES
	(a) Failure to maintain a physical	(a) From an administrative fine of $250-
	location in Florida.	$650 to suspension, revocation or
	(493.6106(2), F.S.)	denial of license.
	(b) Failure to timely notify the Division	(b) From an administrative fine of $150-
	of a change of address.	$350 to probation or one month’s
	(493.6106(2)(a), F.S.)	suspension of license.
	(c) Failure to post a license or	(c) From a reprimand to an
	disclosure notice.	administrative fine of $50-$150.
	(493.6106(2)(b), (c), F.S.)
	(d) Failure to have a valid local	(d) An administrative fine of $50-$150.
	occupational license.	(493.6107(5), F.S.)
	(e) Failure to notify the Division of	(e) An administrative fine of $150-
	cancellation of liability	$350.
	insurance.
	(493.6110(2), F.S.)
	(f) Failure to issue identification cards	(f) An administrative fine of $50-
	by licensed employees.	$150 per employee.
	(493.6111(5), F.S.)
	(g) Failure to notify the Division of	(g) From an administrative fine of $150-
	changes in corporate	$350 to one month’s suspension
	officers.	of license.
	(493.6112(1), F.S.)
	(h) Failure to report the hiring or	(h) From an administrative fine of $50-
	termination of a licensed	$150 to probation.
	employee.
	(493.6112(2), F.S.)
	(i) Allowing an employee to carry a	(i) From an administrative fine of $300-
	weapon which is not required by the	$700 to probation or one month’s
	employee’s duties.	suspension of license.
	(493.6118(1)(f), F.S.)
	(j) Allowing an employee to carry a	(j) From an administrative fine of $300-
	firearm or ammunition not	$700 to probation.
	authorized by the
	Division.
	(493.6118(1)(f), F.S.)
	(k) Failure to timely notify the Division	(k) From an administrative fine of $300-
	of the discharge of a	$700 to probation or one month’s
	firearm.	suspension of license.
	(493.6115(9), F.S.)
	(l) Conducting or advertising regulated	(l) From an administrative fine of $200-
	activities under an unauthorized	$400 to one month’s suspension
	fictitious name. (493.6118(1)(b),	of license.
	F.S.)
	(m) Making a false statement regarding	(m) From an administrative fine of $250-
	an individual’s employment	$750 to one month’s suspension
	status.	of license.
	(493.6118(1)(d), F.S.)
	(n) Failure to direct or supervise an	(n) From an administrative fine of $250-
	armed employee.	$750 to probation or one month’s
	(493.6118(1)(f), F.S.)	suspension of license.
	(o) Conducting or advertising the	(o) From an administrative fine of $250-
	business of an agency without a	$750 to revocation or denial of
	valid license or with an inactive	license.
	license.
	(493.6118(1)(g), F.S.)
	(p) Conducting or advertising the	(p) From an administrative fine of $500-
	business of an agency after	$1,000 to revocation or denial of
	suspension or revocation of a	license.
	license.
	(493.6118(1)(g), F.S.)
	(q) Conducting or advertising the	(q) From an administrative fine of $200-
	business of a branch office without a	$600 to probation.
	valid license.
	(493.6118(1)(g), F.S.)
	(r) Advertising or conducting regulated	(r) From an administrative fine of $200-
	activity without liability	$700 to probation or denial of
	insurance.	license (in addition to suspension
	(493.6118(h), F.S.)	during uninsured period).
	(s) Permitting or aiding an employee to	(s) From an administrative fine of $300-
	impersonate a law enforcement	$700 or probation to one month’s
	officer or government	suspension of license.
	employee.
	(493.6118(1)(i), F.S.)
	(t) Allowing a security officer employee	(t) From an administrative fine of $250-
	to perform regulated activities	$500 to probation.
	without a proper uniform.
	(493.6118(1)(f), 493.6305(1), F.S.)
	(u) Violation of a cease and desist order	(u) From an administrative fine of $500-
	issued by the division.	$1,000 to revocation or denial of
	(493.6118(1)(k), 493.6120(3), F.S.)	license.
	(v) Employing an unlicensed unarmed	(v) An administrative fine of $250-
	private investigator, security officer	$500.
	or recovery agent.
	(493.6118(1)(n), F.S.)
	(w) Employing an unlicensed armed	(w) From an administrative fine of $300-
	security officer or private	$700 to probation or one month’s
	investigator.	suspension of license.
	(493.6118(1)(n), F.S.)
	(x) Advertising or conducting regulated	(x) From an administrative fine of $200-
	activity without a properly licensed	$400 to probation.
	manager.
	(493.6118(1)(n), F.S.)
	(y) Failure to maintain business records	(y) From an administrative fine of $200-
	for two years.	$700 to one month’s suspension
	(493.6121(2), F.S.)	of license.
	(z) Unauthorized use of the Great Seal	(z) An administrative fine of $150-
	of the State of Florida.	$350.
	(493.6124, F.S.)

(2) The disciplinary guidelines for violations committed by individuals are as follows:

	VIOLATION	RANGE OF PENALTIES
	(a) Failure to notify the division of a	(a) An administrative fine of $50-
	change of address.	$250.
	(493.6106(3), F.S.)
	(b) Failure to return agency	(b) From an administrative fine of $100-
	identification card or equipment to	$500 to suspension or denial of
	employer upon	license.
	termination.
	(493.6111(5)(c), 493.6118(1)(f), F.S.)
	(c) Carrying a weapon which is not	(c) From an administrative fine of $250-
	required by the licensee’s	$450 or probation to suspension
	duties.	or denial of license.
	(493.6115(3), F.S.)
	(d) Carrying a firearm or ammunition	(d) From an administrative fine of $150-
	not authorized by the	$350 or probation to suspension
	Division.	or denial of the Class “G” Statewide
	(493.6115(6), F.S.)	Firearm License.
	(e) Failure to timely notify the Division	(e) From an administrative fine of $250-
	of the discharge of a	$650 or probation to one month’s
	firearm.	suspension or denial of license.
	(493.6115(9), F.S.)
	(f) Conviction of a crime directly	(f) From probation to suspension,
	related to the business for which the	revocation or denial of license.
	license is held.
	(493.6118(1)(c), F.S.)
	(g) Unauthorized release of confidential	(g) From an administrative fine of $250-
	information or of a professional	$750 to one month’s suspension
	secret.	of license.
	(493.6118(1)(e), F.S.)
	(h)The improper exhibition of a firearm,	(h) From an administrative fine of $250-
	as defined in s.	$500 or probation to one month’s
	790.10.	suspension or denial of license.
	(493.6118(1)(f), F.S.)
	(i) Careless or improper handling of a	(i) From an administrative fine of $300-
	firearm resulting in a	$700 or probation to three
	discharge.	month’s suspension or denial of
	(493.6118(1)(f), F.S.)	license.
	(j) Firing a warning shot while on	(j) From an administrative fine of $350-
	duty.	$750 or probation to three
	(493.6118(1)(f), F.S.)	month’s suspension or denial of
	license.
	(k) Performing regulated activities	(k) From an administrative fine of $100-
	without a valid license or with an	$300 to denial of license.
	inactive license.
	(493.6118(1)(g), F.S.)
	(l) Performing regulated activities after	(l) From an administrative fine of $200-
	suspension or revocation of a	$600 to revocation or denial of
	license.	license.
	(493.6118(1)(g), F.S.)
	(m) Impersonating a law enforcement	(m) From an administrative fine of $500-
	officer or government	$1,000 to suspension, revocation
	employee.	or denial of license.
	(493.6118(1)(i), F.S.)
	(n) Commission of an act of violence not	(n) From probation to suspension,
	in the lawful protection of one’s self	revocation or denial of license.
	or another.
	(493.6118(1)(j), F.S.)
	(o) Violation of a cease and desist order	(o) From an administrative fine of $500
	issued by the division.	to $1,000 to revocation or denial of
	(493.6118(1)(k), 493.6120(3), F.S.)	license.
	(p) Soliciting business for an attorney	(p) From an administrative fine of $150-
	for compensation.	$350 or probation to one month’s
	(493.6118(1)(l), F.S.)	suspension of license.
	(q) Failure or refusal to cooperate with a	(q) From an administrative fine of $300-
	division investigator.	$700 to three month’s suspension
	(493.6118(1)(o), F.S.)	or denial of license.
	(r) Failure to carry an agency	(r) An administrative fine of $50-
	identification card while on	$150.
	duty.
	(493.6118(1)(p), F.S.)
	(s) Failure to carry a license while on	(s) From an administrative fine of $50-
	duty.	$250 to probation.
	(493.6118(1)(q), F.S.)
	(t) Failure of a sponsor to timely certify	(t) From an administrative fine of $150-
	the progress, completion or	$350 to probation.
	termination of an
	internship.
	(493.6118(1)(r), F.S.)
	(u) Unauthorized use of the Great Seal	(u) An administrative fine of $100-
	of the State of Florida.	$200.
	(493.6124, F.S.)

(3) In addition to the disciplinary guidelines set forth in subsections (2) and (3), guidelines for violations committed by recovery agencies, agents and interns are as follows:

	VIOLATION	RANGE OF PENALTIES
	(a) Performing a repossession before	(a) From an administrative fine of $200-
	authorization from the legal owner or	$700 or probation to one month’s
	mortgagee.	suspension of license.
	(493.6118(1)(u)1., F.S.)
	(b) Charging for expenses not actually	(b) From an administrative fine of $150-
	incurred.	$300 to probation or one month’s
	(493.6118(1)(u)2., F.S.)	suspension of license.
	(c) Using recovered property for	(c) From an administrative fine of $300-
	personal benefit.	$700 to one month’s suspension
	(493.6118(1)(u)3., F.S.)	or denial of license.
	(d) Selling recovered property without	(d) From an administrative fine of $300-
	written authorization from the legal	$600 or probation to one month’s
	owner or	suspension or denial of license.
	mortgagee.
	493.6118(1)(u)4., F.S.)
	(e) Failure to notify law enforcement	(e) From an administrative fine of $100-
	within 2 hours of a	$300 to probation.
	repossession.
	(493.6118(1)(u)5., F.S.)
	(f) Failure to timely remit to the client	(f) From an administrative fine of $150-
	money collected in lieu of a	$350 or probation to one month’s
	repossession.	suspension or denial of license.
	(493.6118(1)(u)6., F.S.)
	(g) Failure to timely deliver to the client	(g) From an administrative fine of $100-
	a negotiable instrument.	$300 or probation to one month’s
	(493.6118(1)(u)7., F.S.)	suspension or denial of license.
	(h) Falsification or alteration of	(h) From an administrative fine of $300
	inventory records.	-$700 or probation to three
	(493.6118(1)(u)8., F.S.)	month’s suspension or denial of
	license.
	(i) Carrying a weapon or firearm while	(i) From an administrative fine of $300-
	on private property in the	$700 or probation to three
	performance of a	month’s suspension or denial of
	recovery.	license.
	(493.6118(1)(u)9., F.S.)
	(j) Solicitation of recovery services for	(j) From an administrative fine of $200-
	a fee greater than the amount	$600 or probation to one month’s
	normally	suspension or denial of license.
	charged.
	(493.6118(1)(u)10., F.S.)
	(k) Displaying a badge in the course of a	(k) From an administrative fine of $200-
	repossession.	$600 to probation.
	(493.6118(1)(u)11., F.S.)
	(l) Failure to maintain inventory of	(l) From an administrative fine of $150-
	personal property recovered in a	$350 or probation to one month’s
	repossession.	suspension or denial of license.
	(493.6404(1), F.S.)
	(m) Failure to timely notify a debtor in	(m) From an administrative fine of $150-
	writing of the location of personal	$350 to probation.
	property.
	(493.6404(2), F.S.)

(4) The disciplinary guidelines for violations committed by instructors and schools or training facilities are as follows:

	VIOLATION	RANGE OF PENALTIES
	(a) Falsely certifying the completion of	(a) From an administrative fine of $300-
	required training.	$700 per student to three month’s
	(493.6118(1)(f), F.S.)	suspension or denial of license.
	(b) Failing to provide students with the	(b) From an administrative fine of $300
	proper hours of instruction.	-$700 per student to three month’s
	(493.6118(1)(f), F.S.)	suspension or denial of license.
	(c) Improperly administering or grading	(c) From an administrative fine of $200-
	an examination.	$600 per student or probation to
	(Rule 1C‑3.140, F.A.C.,	three month’s suspension or denial of
	493.6118(1)(f), F.S.)	license.
	(d) Failing to properly maintain records.	(d) From an administrative fine of $150-
	(Rule 1C‑3.142, F.A.C.,	$350 or probation to one month’s
	493.6118(1)(f), F.S.)	suspension or denial of license.
	(e) Employing an unlicensed instructor	(e) From an administrative fine of $150-
	to teach at a licensed	$350 or probation to one month’s
	school.	suspension or denial of license.
	(493.6301(8), F.S.)
	(f) Failure to teach approved	(f) From an administrative fine of $200-
	curriculum.	$600 or probation to one month’s
	(493.6304(3), F.S.)	suspension of license.
	(g) Operating an unlicensed school or	(g) From an administrative fine of $300-
	training facility.	$700 to denial of license.
	(493.6304(3), F.S.)

(5) The division shall be entitled to deviate from the above‑mentioned guidelines and impose any penalty authorized under Section 493.6118(2), F.S., upon a showing of one or more of the following aggravating or mitigating circumstances presented to the finder of fact:

(a) The violation was committed maliciously.

(b) The danger to public safety or welfare.

(d) The length of time the violator engaged in the prohibited activity.

(e) The length of time since the violation occurred.

(f) Previous disciplinary action against the violator in this or any other jurisdiction.

(g) The amount of damage to persons or property caused by the violation.

(h) The deterrent effect of the penalty imposed.

(i) Any efforts by the violator at rehabilitation.

(j) Attempts by the violator to correct violations or the failure to correct violations.

(k) The violator’s prior knowledge of Chapter 493, F.S.

(l) Whether the violation resulted from negligence or an intentional act.

(m) Financial hardship.

(n) The cost of disciplinary proceedings.

(o) The number of other violations proven in the same proceeding.

(p) The violation occurred while on probation.

(q) Any other aggravating or mitigating circumstances.

(6) The provisions of this rule are not intended and shall not be construed to limit the ability of the division to informally dispose of disciplinary actions by stipulation, settlement or consent order pursuant to Section 120.57(3), F.S.

(7) The provisions of this rule are not intended and shall not be construed to limit the ability of the Division to pursue or recommend collateral civil or criminal action when appropriate.

Specific Authority 493.6103, 493.6106(2), 493.6107(5), 493.6110(2), 493.6111(5), 493.6112(1), (2), 493.6115(3), (6), (9), 493.6118, 493.6120(3), 493.6121, 493.6124, 493.6301(8), 493.6304(3), 493.6404(1), (2) FS. Law Implemented 493.6100, 493.6115, 493.6118, 493.6120(3), 493.6121, 493.6124, 493.6304(3), 493.6404 FS. History–New 5‑7‑91, Amended 5‑15‑95, Formerly 1C-3.113.

INFORMATION FOR SECURITY OFFICERS

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Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances