Florida Regulations 61G19-5.003: Aggravating and Mitigating Factors
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Based upon the consideration of the facts present in an individual case, the Board shall consider the following factors in aggravation and mitigation when deviating from the disciplinary guidelines set forth in Fl. Admin. Code R. 61G19-5.002 The Board must make a specific finding of mitigating or aggravating circumstances in order to deviate from the guidelines.
(1) Danger to the public;
(2) Physical or financial harm resulting from the violation;
(3) Number of violations;
(4) Prior violations committed by the subject;
(5) Length of time the certificate holder has practiced;
(6) Deterrent effect of the penalty;
(7) Correction or attempted correction of the violation;
(8) Effect on the certificate holder’s livelihood;
(9) Any efforts toward rehabilitation; and
(10) Any other relevant evidence.
Rulemaking Authority 455.2273, 468.606 FS. Law Implemented Florida Statutes § 455.2273. History-New 5-23-94, Amended 12-7-97, 3-31-02.
Terms Used In Florida Regulations 61G19-5.003
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) Physical or financial harm resulting from the violation;
(3) Number of violations;
(4) Prior violations committed by the subject;
(5) Length of time the certificate holder has practiced;
(6) Deterrent effect of the penalty;
(7) Correction or attempted correction of the violation;
(8) Effect on the certificate holder’s livelihood;
(9) Any efforts toward rehabilitation; and
(10) Any other relevant evidence.
Rulemaking Authority 455.2273, 468.606 FS. Law Implemented Florida Statutes § 455.2273. History-New 5-23-94, Amended 12-7-97, 3-31-02.