The Department shall consider the following aggravating and
mitigating factors in order to determine the final penalty assessed against a
licensee under this rule chapter.
(1)
Each of the following factors can be either aggravating or mitigating depending
on the specific circumstances of the licensee's violation. For penalties other
than those assessed under Rule
69B-232.150, F.A.C.:
(a) Willfulness of licensee's
conduct;
(b) Degree of actual
injury to victim(s);
(c) Degree of
potential injury to victim(s);
(d)
Age or capacity of victim(s);
(e)
Restitution to victim(s);
(f)
Motivation of licensee;
(g)
Financial gain or loss to licensee;
(h) Financial loss to victim(s);
(i) Vicarious or personal
responsibility;
(j) Related
criminal charge; disposition;
(k)
Existence of secondary violations in counts;
(l) Previous disciplinary orders or prior
warning by the Department; and
(m)
Violation of any part of Sections
634.282,
634.336, and
634.436,
F.S.
(2) For suspensions
assessed under Rule
69B-232.150, F.A.C., for
violations of Sections
634.181(11),
634.191(6),
634.320(11),
634.321(6),
634.422(11),
634.423(6),
642.041(11) and
642.043(6),
F.S.:
(a) Number of years that have passed
since criminal proceeding;
(b) Age
of licensee at time the crime was committed;
(c) Whether or not licensee served time in
jail;
(d) Whether or not licensee
violated criminal probation;
(e)
Whether or not licensee is still on criminal probation;
(f) Whether or not licensee's actions or
behavior resulted in substantial injury to victim(s);
(g) Whether or not restitution was, or is
being timely paid; and
(h) Whether
or not licensee's civil rights have been
restored.
