61G4-17.002. Aggravating and Mitigating Circumstances

Circumstances which may be considered for the purposes of mitigation or aggravation of penalty shall include the following:

(1) Monetary or other damage to the licensee’s customer, in any way associated with the violation, which damage the licensee has not relieved, as of the time the penalty is to be assessed. (This provision shall not be given effect to the extent it would contravene federal bankruptcy law.)

(2) Actual job-site violations of building codes, or conditions exhibiting gross negligence, incompetence, or misconduct by the licensee, which have not been corrected as of the time the penalty is being assessed.

(3) The danger to the public.

(4) The number of complaints filed against the licensee.

(5) The length of time the licensee has practiced.

(6) The actual damage, physical, economic, or otherwise, caused by the licensee’s violation.

(7) The deterrent effect of the penalty imposed.

(8) The effect of the penalty upon the licensee’s livelihood.

(9) Any efforts at rehabilitation.

(10) Any other mitigating circumstances.

Rulemaking Authority 455.2273 FS. Law Implemented 455.2273 FS. History–New 10-26-86, Formerly 21E-17.002, Amended 8-20-03, 6-17-20.