Section 64B23-6.002 - Aggravating and Mitigating CircumstancesThe Department will give consideration to aggravating and mitigating circumstances in determining the penalty to be imposed in any given case. The following factors will influence the Department's decision:
(1) The danger to the public;(2) The length of time since the violation when no further complaints have been made against the licensee;(3) The length of time licensee has practiced without having any disciplinary action taken;(4) The damage to the patient caused by the violation;(5) Any efforts of rehabilitation by the licensee;(6) The licensee's actual knowledge of the violation;(7) Attempts by the licensee to correct or stop the violation, or the refusal of the licensee to correct or stop the violation;(8) Related violations by the licensee in Florida or in another jurisdiction, including findings of guilty or innocence, penalties imposed and penalties service;(9) The degree to which the licensee was involved in the violation;(10) The degree to which the licensee benefited from the violation;(11) The cost of the disciplinary action.Fla. Admin. Code Ann. R. 64B23-6.002
Rulemaking Authority 456.079(3), 483.901(4)(a) FS. Law Implemented 456.079(3), 483.901(4)(g) FS.