69B-231.160. Aggravating/Mitigating Factors

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 Rule 69B-231.150, F.A.C.: (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 Rule 69B-231.150, F.A.C., 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.