61G3-21.002. Aggravating and Mitigating Circumstances

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.