FREC can impose a fine up to:
Question & Answer
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$1,000 per offense
$1,000 per offense significantly understates FREC's statutory authority and would not serve as an adequate deterrent for serious violations such as misrepresentation or escrow mismanagement.
$5,000 per offense
$10,000 per offense
$10,000 per offense exceeds the ceiling set by Section 475.25(1), Florida Statutes; while this amount might seem reasonable, the legislature deliberately capped administrative fines at $5,000 to maintain a clear boundary between administrative and criminal penalties.
Unlimited fines
FREC's fine authority is expressly limited by statute and is not unlimited; unlimited fines would raise serious constitutional due process concerns and are reserved for court-ordered civil judgments, not administrative agency actions.
Why is this correct?
Under Section 475.25(1), Florida Statutes, FREC is explicitly authorized to impose an administrative fine not to exceed $5,000 for each count or separate offense found in a disciplinary complaint. The statute uses the phrase 'each count or offense,' which means fines are stackable across multiple violations cited in the same administrative action. This specific dollar figure is a tested statutory benchmark that every Florida real estate licensee must know.
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