Florida Regulations 69B-231.160: Aggravating/Mitigating Factors
Current as of: 2024 | Check for updates
|
Other versions
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) For penalties other than those assessed under Fl. Admin. Code R. 69B-231.150:
(a) Willfulness of licensee’s conduct;
(b) Degree of actual injury to victim;
(c) Degree of potential injury to victim;
(d) Age or capacity of victim;
(e) Restitution to victims;
(f) Motivation of licensee;
(g) Financial gain or loss to licensee;
(h) Financial loss to victim;
(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 626.9541 and 627.4554. F.S., in relation to the sale of a life insurance policy or annuity to a senior citizen.
(2) For suspensions assessed under Fl. Admin. Code R. 69B-231.150, for violations of section 626.611(1)(n), F.S.:
(a) Number of years that have passed since criminal proceeding;
(b) Age of licensee at time the crime was committed;
(c) Whether 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;
(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(1), 626.207(8), 626.9957(12), 626.9958, 627.4554(9) FS. Law Implemented 624.307(1), 624.308, 624.310(5), 626.207, 626.611, 626.621, 626.631, 626.681, 626.8437, 626.844, 626.9541(1), 626.9954, 626.9957, 627.4554 FS. History-New 7-13-93, Formerly 4-231.160, Amended 8-15-06, 8-12-10, 9-10-14, 1-30-19.
Terms Used In Florida Regulations 69B-231.160
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) Willfulness of licensee’s conduct;
(b) Degree of actual injury to victim;
(c) Degree of potential injury to victim;
(d) Age or capacity of victim;
(e) Restitution to victims;
(f) Motivation of licensee;
(g) Financial gain or loss to licensee;
(h) Financial loss to victim;
(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 626.9541 and 627.4554. F.S., in relation to the sale of a life insurance policy or annuity to a senior citizen.
(2) For suspensions assessed under Fl. Admin. Code R. 69B-231.150, for violations of section 626.611(1)(n), F.S.:
(a) Number of years that have passed since criminal proceeding;
(b) Age of licensee at time the crime was committed;
(c) Whether 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;
(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(1), 626.207(8), 626.9957(12), 626.9958, 627.4554(9) FS. Law Implemented 624.307(1), 624.308, 624.310(5), 626.207, 626.611, 626.621, 626.631, 626.681, 626.8437, 626.844, 626.9541(1), 626.9954, 626.9957, 627.4554 FS. History-New 7-13-93, Formerly 4-231.160, Amended 8-15-06, 8-12-10, 9-10-14, 1-30-19.