69B-232.160. Aggravating/Mitigating Factors

The Department shall consider the following aggravating and mitigating factors in order to determine the final penalty assessed against a licensee under this rule chapter.

(1) Each of the following factors can be either aggravating or mitigating depending on the specific circumstances of the licensee’s violation.  For penalties other than those assessed under Rule 69B-232.150, F.A.C.:

(a) Willfulness of licensee’s conduct;

(b) Degree of actual injury to victim(s);

(c) Degree of potential injury to victim(s);

(d) Age or capacity of victim(s);

(e) Restitution to victim(s);

(f) Motivation of licensee;

(g) Financial gain or loss to licensee;

(h) Financial loss to victim(s);

(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) Violation of any part of Sections 634.282, 634.336, and 634.436, F.S.

(2) For suspensions assessed under Rule 69B-232.150, F.A.C., for violations of Sections 634.181(11), 634.191(6), 634.320(11), 634.321(6), 634.422(11), 634.423(6), 642.041(11) and 642.043(6), F.S.:

(a) Number of years that have passed since criminal proceeding;

(b) Age of licensee at time the crime was committed;

(c) Whether or not licensee served time in jail;

(d) Whether or not licensee violated criminal probation;

(e) Whether or not licensee is still on criminal probation;

(f) Whether or not licensee’s actions or behavior resulted in substantial injury to victim(s);

(g) Whether or not restitution was, or is being timely paid; and

(h) Whether or not licensee’s civil rights have been restored.

Rulemaking Authority 624.308, 626.207, 634.021, 634.302, 634.402 FS. Law Implemented 624.307, 624.308, 626.207(4), 634.181, 634.191, 634.320, 634.321, 634.422, 634.423, 642.041, 642.043 FS. History–New 11-10-19.