Fla. Admin. Code R. 61G6-10.003

Current through Reg. 50, No. 217; November 5, 2024

Section 61G6-10.003 - 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. Based upon the following factors, the board may impose disciplinary action other than the penalties recommended above:

(1) The degree of harm to the consumer or public;

(2) The number of counts in the administrative complaint;

(3) The disciplinary history of the applicant or licensee;

(4) The status of the applicant or licensee at the time the offense was committed;

(5) The degree of financial hardship incurred by a licensee as a result of the imposition of the fines or suspension of his practice.

Any penalties imposed by the board may not exceed the maximum penalties set forth in Section 489.533(2), F.S.

Fla. Admin. Code Ann. R. 61G6-10.003

Rulemaking Authority 455.2273(3), 489.507(3) FS. Law Implemented 455.2273 FS.

New 1-1-87, Formerly 21GG-10.003, Amended 10-1-03.