If a licensed recovery agent violates the provisions of Chapter 493, F.S. the Department is responsible for initiating administrative action.
The following are examples of violations that are prohibited by law and may result in administrative action such as a fine, probation, revocation or suspension of license.
- A recovery agent cannot commit a breach of the peace by acting riotously, forcibly, or unlawfully when conducting a repossession. Example: A debtor objects verbally or physically to a recovery in progress and the recovery agent does not retreat or cease recovery activities when the debtor refuses to surrender the vehicle.
- Failing to safeguard and inventory personal property.
- Failing to keep the inventory of personal property for two years.
- Charging the debtor an unreasonable fee for the recovery, transportation, inventory, storage, and disposal of personal property.
- Failing to return all personal property once the debtor has paid the fee.
- Failing to give written notice to the debtor about the whereabouts of personal property within five days after repossession.
- Failing to notify the debtor by certified mail within 45 days prior to disposal of personal property.
- Disposing of personal property before the end of the 45-day period the debtor is given by law to retrieve personal property.
- Carrying any weapon or firearm on private property when performing repossessions.
- The recovery agency's license number does not appear on the repossession vehicle and there is other identifying information on the recovery vehicle during a repossession.
- Failure to notify the police or sheriff in the jurisdiction of the repossession within two hours after recovery.