Fla. Stat. 517.1611
Guidelines


(1)

The commission shall adopt by rule disciplinary guidelines applicable to each ground for disciplinary action that may be imposed by the office.The disciplinary guidelines shall specify a range of penalties based upon the severity and repetition of specific offenses. The disciplinary guidelines shall distinguish minor violations from violations that endanger the public health, safety, or welfare; provide reasonable notice to the public of penalties that may be imposed for proscribed conduct; and ensure that penalties are imposed in a consistent manner by the office.The commission shall identify mitigating and aggravating circumstances by rule that allow the office to impose a penalty other than that specified in the guidelines.

(a)

The disciplinary guidelines shall specify a range of penalties based upon the severity and repetition of specific offenses. The disciplinary guidelines shall distinguish minor violations from violations that endanger the public health, safety, or welfare; provide reasonable notice to the public of penalties that may be imposed for proscribed conduct; and ensure that penalties are imposed in a consistent manner by the office.

(b)

The commission shall identify mitigating and aggravating circumstances by rule that allow the office to impose a penalty other than that specified in the guidelines.

(2)

The commission shall adopt by rule disqualifying periods pursuant to which an applicant will be disqualified from eligibility for registration based upon criminal convictions, pleas of nolo contendere, or pleas of guilt, regardless of whether adjudication was withheld, by the applicant; any partner, member, officer, or director of the applicant or any person having a similar status or performing similar functions; or any person directly or indirectly controlling the applicant.The disqualifying periods shall be 15 years for a felony and 5 years for a misdemeanor.The disqualifying periods shall be related to crimes involving registration as a dealer, investment adviser, issuer of securities, or associated person or the application for such registration or involving moral turpitude or fraudulent or dishonest dealing.The rules may also address mitigating factors, an additional waiting period based upon dates of imprisonment or community supervision, an additional waiting period based upon commitment of multiple crimes, and other factors reasonably related to the consideration of an applicant’s criminal history.An applicant is not eligible for registration until the expiration of the disqualifying period set by rule. Section 112.011 does not apply to the registration provisions under this chapter. Nothing in this section changes or amends the grounds for denial under s. 517.161.

(a)

The disqualifying periods shall be 15 years for a felony and 5 years for a misdemeanor.

(b)

The disqualifying periods shall be related to crimes involving registration as a dealer, investment adviser, issuer of securities, or associated person or the application for such registration or involving moral turpitude or fraudulent or dishonest dealing.

(c)

The rules may also address mitigating factors, an additional waiting period based upon dates of imprisonment or community supervision, an additional waiting period based upon commitment of multiple crimes, and other factors reasonably related to the consideration of an applicant’s criminal history.

(d)

An applicant is not eligible for registration until the expiration of the disqualifying period set by rule. Section 112.011 does not apply to the registration provisions under this chapter. Nothing in this section changes or amends the grounds for denial under s. 517.161.

Source: Section 517.1611 — Guidelines, https://www.­flsenate.­gov/Laws/Statutes/2024/0517.­1611 (accessed Aug. 7, 2025).

517.03
Rulemaking
517.07
Registration of securities
517.011
Short title
517.12
Registration of dealers, associated persons, intermediaries, and investment advisers
517.021
Definitions
517.32
Exemption from excise tax, certain obligations to pay
517.34
Protection of specified adults
517.051
Exempt securities
517.061
Exempt transactions
517.072
Viatical settlement investments
517.075
Cuba, prospectus disclosure of doing business with, required
517.081
Registration procedure
517.082
Registration by notification
517.101
Consent to service
517.111
Revocation or denial of registration of securities
517.121
Books and records requirements
517.122
Arbitration
517.131
Securities Guaranty Fund
517.141
Payment from the fund
517.151
Investments of the fund
517.161
Revocation, denial, or suspension of registration of dealer, investment adviser, intermediary, or associated person
517.171
Burden of proof
517.191
Enforcement by the Office of Financial Regulation
517.201
Investigations
517.211
Private remedies available in cases of unlawful sale
517.275
Commodities
517.301
Fraudulent transactions
517.302
Criminal penalties
517.313
Destroying certain records
517.315
Fees
517.0611
The Florida Limited Offering Exemption
517.0612
Florida Invest Local Exemption
517.0613
Failure to comply with a securities registration exemption
517.0614
Integration of offerings
517.0615
Solicitations of interest
517.0616
Disqualification
517.1201
Notice filing requirements for federal covered advisers
517.1202
Notice-filing requirements for branch offices
517.1205
Registration of associated persons specific as to securities dealer, investment adviser, or federal covered adviser identified at time of registration approval
517.1214
Continuing education requirements for associated persons of investment advisers and federal covered advisers
517.1215
Requirements, rules of conduct, and prohibited business practices for investment advisers and their associated persons
517.1217
Rules of conduct and prohibited business practices for dealers and their associated persons and for intermediaries
517.1611
Guidelines
517.2015
Confidentiality of information relating to investigations and examinations
517.2016
Public records exemption

Current through Fall 2025

§ 517.1611. Guidelines's source at flsenate​.gov