Fla. Admin. Code Ann. R. 69B-241.160 - Aggravating/Mitigating Factors

(1) The Department shall consider the following aggravating and mitigating factors and apply them to the total penalty in reaching the final penalty assessed against a licensee under this rule chapter. After consideration and application of these factors, the Department shall, if warranted by the Department's consideration of the factors, either decrease or increase the penalty to any penalty authorized by law.

(2) For penalties other than those assessed under rule 69B-241.150, F.A.C.:

(a) Willfulness of licensee's conduct;

(b) Degree of actual injury to victim;

(c) Degree of potential injury to victim;

(d) Age or capacity of victim;

(e) Restitution to victims;

(f) Motivation of licensee;

(g) Financial gain or loss to licensee;

(h) Financial loss to victim;

(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) Other relevant factors.

Notes

Fla. Admin. Code Ann. R. 69B-241.160

Rulemaking Authority 624.308, 648.26(1)(a) FS. Law Implemented 624.307(1), 624.308, 648.26(1)(a), 648.45, 648.46, 648.49, 648.50, 648.52, 648.525, 648.53 FS.

New 2-23-12.

New 2-23-12.