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be disciplined falls within the purview of Section 456.0635, F.S., in which case the Board shall impose the penalty specified in Section 456.0635, F.S. In determining the appropriate disciplinary action to be imposed in each case, the Board shall take into consideration the following factors: (a) The danger to the public; (b) The length of time since the date of the violation; (c) The number of previous disciplinary cases filed against the applicant or licensee; (d) The length of time the applicant or licensee has practiced; (e) The actual damage, physical or otherwise, to the patient; (f) The deterrent effect of the penalty imposed; (g) The effect of the penalty upon the applicant’s or licensee’s livelihood; (h) Any efforts for rehabilitation; (i) Any other mitigating or aggravating circumstances. (3) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the severity and repetition of the violations as set forth below. The mitigating or aggravating circumstances used to justify any deviation from the specified guidelines must be enunciated in the final order. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included. For applicants, any and all offenses listed herein are sufficient for refusal to certify an application for licensure. In addition to the penalty imposed, the Board shall recover the costs of the investigation and prosecution of the case. Additionally, if the Board makes a finding of pecuniary benefit or self-gain related to the violation, then the Board shall require refund of fees billed and collected from the patient or a third party on behalf of the patient. VIOLATION RECOMMENDED RANGE OF PENALTY (a) Attempting to obtain a license by bribery, fraud or through an error of the Department or the Board. (468.365(1)(a), 456.072(1)(h), F.S.) First Offense From one year probation with conditions to revocation and payment of a fine of $250 to $1,000. Second Offense From revocation with ability to reapply and a fine from $2,000 to $6,000. Third Offense From revocation with no ability to reapply and a fine from $6,000 to $10,000. However, if the violation is not through an error but is for fraud or making a false or fraudulent representation, Page 14 of 26 the fine is increased to $10,000 per count or offense. (b) Actions taken against First Offense From imposition of discipline comparable license by another jurisdiction. to the discipline which would have been (468.365(1)(b), 456.072(l)(f), F.S.) imposed if the substantive violation occurred in Florida to suspension of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $300 to $1,000. Impaired practitioners working in this state may be ordered into the PRN. Second Offense Same as for a first offense except a fine shall range from $1,000 to $2,000. Third Offense Same minimum as for a first offense with a maximum penalty of revocation and a fine from $2,000 to $10,000. (c) Guilt of crime directly relating to practice or ability to practice. (468.365(1)(c), 456.072(1)(c), F.S.) First Offense From a minimum of six months probation with conditions to revocation of the license and an administrative fine ranging from $300 to $1,000. Any Board ordered probation shall be for no less time than Court ordered sanctions. Second Offense From one year suspension and $5,000 fine to revocation and fine of $10,000. (d) Willfully failing to file a report as required. (468.365(1)(d), 456.072(1)(l), F.S.) First Offense From six months to one year probation with conditions, and an administrative fine from $300 to $1,000. Second Offense From one year probation with conditions to six months suspension and a fine from $500 to $3,000. Third Offense From one year suspension to revocation and a fine from $3,000 to $10,000. However, if the offense is for fraud or for willfully making a false or fraudulent report, the fine is increased to $10,000 per count or