I have found the statute that expressly holds the employer or licensee liable for the acts of an agent in the circumstances you are describing.
497.466 (8)(d) "A preneed licensee shall be responsible for the activities of all preneed sales agents, and all funeral directors acting as preneed sales agents, who are affiliated with the preneed licensee and who perform any type of preneed-related activity on behalf of the preneed licensee. In addition to the preneed sales agents and funeral directors acting as preneed sales agents, each preneed licensee shall also be subject to discipline if its preneed sales agents or funeral directors acting as preneed sales agents violate any provision of this chapter."
The section does not expressly identify the sanctions that will be levied against the licensee for a violation of this chapter, but leaves the rule making in this regard to the department or agency (this is very common in legislative rule making).
(a) "The licensing authority shall have rule making authority to prescribe forms and procedures for implementation of this section."
Returning to the disciplinary guidelines that I provided earlier (https://www.flrules.org/gateway/RuleNo.asp?title=DISCIPLINARY%20GUIDELINES&ID=69K-11.001
), the department has not specifically set aside a minimum punishment for a violation of 497.466, however, it has reserved the power to enforce the entire section. Again, this is common in regulatory government as the agency focuses on its primary legal violations, but it does make it difficult to identify what the potential punishment will be for specific acts that are not listed.
To address your issue, the licensee is responsible for the acts of its non-licensed agent. The code expressly creates liability for the licensee. Furthermore, the department is empowered to enforce these rules as it sees fit. While there is no set punishment, the scale of punishments within the department works as follows:
(1) letter of guidance
The committee is required to take into account a number of factors when determining the severity of punishment (this will be your best indicator based on the facts and issues in your specific situation as to how a punishment will be issued to a licensee):
(b) Aggravating or mitigating circumstances may include, but are not limited to, the following:
1. The severity of the violation.
2. The degree of harm to the consumer or public.
3. The number of times the violations previously have been committed by the licensee.
4. The disciplinary history of the licensee.
5. The status of the licensee at the time the violation was committed.
I hope that this is more helpful. The statutory liability for the licensee is clear, the right of the department to punish the licensee is also clear, the only variable that I am unable to answer for you on this forum is the severity of any potential enforcement action by the committee as there is no minimum penalty, and the punishment is based on severity of conduct as opposed to a strict violation.
Please do not hesitate to follow up if you have further questions or if we are still not on the same page (sometimes it can be difficult to get a "meeting of the minds" in this type of forum).