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Florida Administrative Code (Last Updated: June 27, 2024) |
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64. Department of Health |
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64B13. Board of Optometry |
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64B13-15. Discipline |
1(1) Based upon consideration of aggravating or mitigating factors, present in an individual case, the Board may deviate from the designated penalties. The Board shall consider as aggravating or mitigating factors the following:
34(a) The danger to the public;
40(b) The length of time since the violation;
48(c) The number of times the licensee has been previously disciplined by the board;
62(d) The length of time licensee has practiced;
70(e) The actual damage, physical or otherwise, caused by the violation;
81(f) The deterrent effect of the penalty imposed;
89(g) The effect of the penalty upon the licensee’s livelihood;
99(h) Any effort of rehabilitation by the licensee;
107(i) The actual knowledge of the licensee pertaining to the violation;
118(j) Attempts by licensee to correct or stop violation or refusal by licensee to correct or stop violation;
136(k) Related violations against licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;
155(l) Actual negligence of the licensee pertaining to any violation;
165(m) Penalties imposed for related offenses;
171(n) Pecuniary gain to the licensee;
177(o) Any other relevant mitigating or aggravating factors under the circumstances.
188(2) The provisions of Rule Chapter 64B13-15, F.A.C., are not intended and shall not be construed to limit the ability of the Board to informally dispose of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 227120.57(4), F.S.
229(3) The provisions of Rule Chapter 64B13-15, F.A.C., are not intended and shall not be construed to limit the ability of the Board to pursue or recommend the Department pursue collateral civil or criminal actions when appropriate.
266Specific Authority 268456.079(1) FS. 270Law Implemented 272456.079(1) FS. 274History–New 2-24-87, Formerly 21Q-15.007, 61F8-15.007, 59V-15.007, 6-13-02.
