Rule 61G3-21.002. Aggravating and Mitigating Circumstances

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

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

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

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

(4) Infirmity or illness;

(5) The danger to the public;

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

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

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

(9) The deterrent effect of the penalty in rule 61G3-21.001, F.A.C. versus the deterent effect of an enhanced or reduced penalty;

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

(11) Any efforts at rehabilitation;

(12) Whether there was demonstrable intent of deceit;

(13) Blatant disrespect for the law;

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

(15) Whether the license is on probation. Rulemaking Authority 455.2273(3), 476.064(4) FS. Law Implemented 455.2273(3) FS. History–New 11-25-86, Formerly 21C-21.002, Amended 2-11-02, 2-4-19.