61G3-21.002. Aggravating and Mitigating Circumstances  


Effective on Monday, February 4, 2019
  • 1Circumstances which may be considered for the purposes of mitigation or aggravation of penalty shall include:

    17(1) Where licensee has relied upon the advice of a professional advisor, for example, an attorney or accountant;

    35(2) Where the address of the shop or the owner has been changed by the post office through no fault of the shop owner;

    59(3) Where the shop owner has relied upon the advice of a prior owner;

    73(4) Infirmity or illness;

    77(5) The danger to the public;

    83(6) The number of complaints filed against the licensee;

    92(7) The length of time the licensee has practiced;

    101(8) The actual damage, physical or otherwise, to the licensee’s customer;

    112(9) The deterrent effect of the penalty in rule 12161G3-21.001, 122F.A.C. versus the deterent effect of an enhanced or reduced penalty;

    133(10) The effect of the penalty upon the licensee’s livelihood;

    143(11) Any efforts at rehabilitation;

    148(12) Whether there was demonstrable intent of deceit;

    156(13) Blatant disrespect for the law;

    162(14) Whether the licensee has had previous discipline imposed and the violations that resulted in the previous discipline; and

    181(15) Whether the license is on probation.

    188Rulemaking Authority 190455.2273(3), 191476.064(4) FS. 193Law Implemented 195455.2273(3) FS. 197History–New 11-25-86, Formerly 21C-21.002, Amended 2-11-02, 2-4-19.