Fla. Admin. Code R. 69B-231.160

Current through Reg. 50, No. 222; November 13, 2024

Section 69B-231.160 - Aggravating/Mitigating Factors

The Department shall consider the following aggravating and mitigating factors in order to determine the final penalty assessed against a licensee under this rule chapter.

(1) For penalties other than those assessed under Rule 69B-231.150, F.A.C.:

(a) Willfulness of licensee's conduct;

(b) Degree of actual injury to victim;

(c) Degree of potential injury to victim;

(d) Age or capacity of victim;

(e) Restitution to victims;

(f) Motivation of licensee;

(g) Financial gain or loss to licensee;

(h) Financial loss to victim;

(i) Vicarious or personal responsibility;

(j) Related criminal charge; disposition;

(k) Existence of secondary violations in counts;

(l) Previous disciplinary orders or prior warning by the Department; and,

(m) Violation of any part of sections 626.9541 and 627.4554. F.S., in relation to the sale of a life insurance policy or annuity to a senior citizen.

(2) For suspensions assessed under Rule 69B-231.150, F.A.C., for violations of section 626.611(1)(n), F.S.:

(a) Number of years that have passed since criminal proceeding;

(b) Age of licensee at time the crime was committed;

(c) Whether licensee served time in jail;

(d) Whether or not licensee violated criminal probation;

(e) Whether or not licensee is still on criminal probation;

(f) Whether or not licensee's actions or behavior resulted in substantial injury to victim;

(g) Whether or not restitution was, or is being timely paid; and,

(h) Whether or not licensee's civil rights have been restored.

Fla. Admin. Code Ann. R. 69B-231.160

Rulemaking Authority 624.308(1), 626.207(8), 626.9957(12), 626.9958, 627.4554(9) FS. Law Implemented 624.307(1), 624.308, 624.310(5), 626.207, 626.611, 626.621, 626.631, 626.681, 626.8437, 626.844, 626.9541(1), 626.9954, 626.9957, 627.4554 FS.

New 7-13-93, Formerly 4-231.160, Amended 8-15-06, 8-12-10, Amended by Florida Register Volume 40, Number 166, August 26, 2014 effective 9/10/2014, Amended by Florida Register Volume 45, Number 010, January 15, 2019 effective 1/30/2019.

New 7-13-93, Formerly 4-231.160, Amended 8-15-06, 8-12-10, 9-10-14, 1-30-19.