The State Fire Marshal shall consider the following aggravating and mitigating factors in order to determine whether to take administrative action, or in determining the penalty assessed against a Fire Protection Contractor or unlicensed contractor under this rule chapter.

1. (1) Actual harm to the public,
2. (2) Potential harm to the public,
3. (3) The gravity of the violation,
4. (4) Restitution to victims,
5. (5) Willfulness of conduct,
6. (6) Motivation of Fire Protection Contractor or unlicensed contractor,
7. (7) Financial gain or loss to Fire Protection Contractor or unlicensed contractor,
8. (8) Vicarious or personal responsibility,
9. (9) Related criminal charge or charges and the disposition, or
10. (10) Previous administrative actions by the State Fire Marshal.

Rulemaking Authority 633.104, 633.336(5) FS. Law Implemented 633.102, 633.104, 633.106, 633.336(5) FS. New 11-26-23.