Aggravating and Mitigating Circumstances

Florida Law allows the Commission to change the above penalties when evidence is presented showing the presence of one or more of the following specific aggravating or mitigating circumstances:

Aggravating Circumstances
  • Whether the officer used his/her official authority to facilitate the misconduct;
  • Whether the misconduct was committed while the officer was performing his/her other duties;
  • The number of violations found by the Commission;
  • The number and severity of prior disciplinary actions taken against the officer by the Commission within the preceding eight years or received a Letter of Guidance within the preceding five years;
  • The severity of the misconduct;
  • The danger to the public;
  • The actual damage, physical or otherwise, caused by the misconduct;
  • The lack of deterrent affect of the penalty imposed by the employing agency;
  • The pecuniary benefit or self-gain to the officer realized by the misconduct;
  • Whether the misconduct was motivated by unlawful discrimination;
  • Any behavior constituting domestic violence as defined by Section 741.28(1), F.S.;
  • Whether the officer has previously received a Letter of Acknowledgment within the preceding three years.
Mitigating Circumstances
  • The officer’s employment status in a position requiring Criminal Justice Standards and Training Commission certification at the time of the final hearing before the Commission;
  • The recommendations of character or employment references;
  • The lack of severity of the misconduct;
  • The length of time the officer has been certified;
  • Any effort of rehabilitation by the officer;
  • The effect of disciplinary or remedial action taken by the employing agency and /or recommendations of employing agency administrator;
  • The recommendation of a Probable Cause Panel to impose a penalty below the penalty guideline;
  • Effort of the officer to retract a false statement prior to the close of the disciplinary or criminal investigation.
(Refer to Rule 11B-27.005(6), F.A.C.)