Florida Regulations 61G3-21.002: Aggravating and Mitigating Circumstances
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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 Fl. Admin. Code R. 61G3-21.001 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 Florida Statutes § 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.
Terms Used In Florida Regulations 61G3-21.002
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(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 Fl. Admin. Code R. 61G3-21.001 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 Florida Statutes § 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.