64B15-19.003. Aggravating or Mitigating Circumstances

When either the petitioner or respondent is able to demonstrate aggravating or mitigating circumstances to the board by clear and convincing evidence, the board shall be entitled to deviate from the above guidelines in imposing discipline upon an applicant or licensee. Absence of any such evidence of aggravating or mitigating circumstances before the hearing officer prior to the issuance of a recommended order shall not relieve the board of its duty to consider evidence of mitigating or aggravating circumstances. Aggravating and mitigating circumstances shall include, but not be limited to the following:

(1) The danger to the public;

(2) The length of time since the violations;

(3) The number of times the licensee has been previously disciplined by the Board;

(4) The length of time the licensee has practiced;

(5) The actual damage, physical or otherwise, caused by the violation;

(6) The deterrent effect of the penalty imposed;

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

(8) Any effort of rehabilitation by the licensee;

(9) The actual knowledge of the licensee pertaining to the violation;

(10) Attempts by the licensee to correct or stop violations or refusal by licensee to correct or stop violations;

(11) Related violations against licensee in another state, including findings of guilt or innocence, penalties imposed and penalties served;

(12) The actual negligence of the licensee pertaining to any violations;

(13) The penalties imposed for related offenses;

(14) The pecuniary gain to the licensee;

(15) Any other relevant mitigating or aggravating factors under the circumstances. Any penalties imposed by the board may not exceed the maximum penalties set forth in Section 459.015(2), F.S.

Specific Authority 456.079 FS. Law Implemented 456.079 FS. History–New 9-30-87, Formerly 21R-19.003, 61F9-19.003, 59W-19.003, Amended 7-13-04.