Circumstances which may be considered for the purposes of mitigation or aggravation of penalty shall include:

1. (1) Where licensee has relied upon the advice of a professional advisor, for example, an attorney or accountant;
2. (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. (3) Where the shop owner has relied upon the advice of a prior owner;
4. (4) Infirmity or illness;
5. (5) The danger to the public;
6. (6) The number of complaints filed against the licensee;
7. (7) The length of time the licensee has practiced;
8. (8) The actual damage, physical or otherwise, to the licensee’s customer;
9. (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. (10) The effect of the penalty upon the licensee’s livelihood;
11. (11) Any efforts at rehabilitation;
12. (12) Whether there was demonstrable intent of deceit;
13. (13) Blatant disrespect for the law;
14. (14) Whether the licensee has had previous discipline imposed and the violations that resulted in the previous discipline; and
15. (15) Whether the license is on probation.

Rulemaking Authority 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.