Based upon consideration of aggravating or mitigating factors, present in an individual case, the Board may deviate from the penalties recommended in subsections (3) through (5) of rule 64B33-5.001, F.A.C. If mitigating factors are present, the administrative fine may be reduced and a less severe action, such as a reprimand or probation, taken against the licensee from the range of actions given in the disciplinary guidelines. If aggravating factors are present, the maximum administrative fine may be imposed and more severe action, such as suspension or revocation, taken against the licensee from the range of actions given in the disciplinary guidelines. The Board shall consider as aggravating or mitigating factors the following:

1. (1) The danger to the public;
2. (2) The length of time since the violation;
3. (3) The number of times the licensee has been previously disciplined by the Board;
4. (4) The length of time licensee has practiced;
5. (5) The actual damage, physical or otherwise, caused by the violation;
6. (6) The deterrent effect of the penalty imposed;
7. (7) The effect of the penalty upon the licensee’s livelihood;
8. (8) Any effort of rehabilitation by the licensee;
9. (9) The actual knowledge of the licensee pertaining to the violation;
10. (10) Attempts by licensee to correct or stop violation or refusal by licensee to correct or stop violation;
11. (11) Related violations against licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;
12. (12) Actual negligence of the licensee pertaining to any violation;
13. (13) Penalties imposed for related offenses under subsections (3) through (5), above;

Rulemaking Authority 456.072, 456.079, 468.705, 468.719 FS. Law Implemented 456.072, 456.079, 468.719 FS. History–New 5-9-02, Amended 9-21-22.