18-14.002. Determination of Fines

(1) A person or agent of a person who willfully damages state land, willfully damages or removes products from state land in violation of state or federal law, or knowingly refuses to comply with or willfully violates the provisions of Chapter 253, F.S., shall also be in violation of this rule and shall incur a fine up to $10,000 per offense.

(2) When determining the amount of a fine to be imposed, the Board shall consider:

(a) The value of products removed from state land;

(b) The diminished value of state land or products, or the cost of restoring the affected state land or products;

(c) Lost revenue from impaired use of the affected state land;

(d) The need to deter future violations by removing any economic benefits to the violator from failure to comply with the law;

(e) Aggravating or mitigating circumstances specific to the violation, including the nature and extent of the violation, a violator’s degree of cooperation in correcting the violation and a violator’s good faith efforts to negotiate a settlement before formal legal proceedings begin; and

(f) Lost or impaired opportunities for public use of the affected state land.

(3) Payment of all or part of a fine may be waived when purposes of the law and this rule are not frustrated, and when fairness would result.

(4) Fines imposed pursuant to this rule shall be:

(a) $1 ‒ $2,500 for the first offense; and

(b) $1,000 ‒ $10,000 for the second or subsequent offenses.

(c) Fines for first offenses may exceed $2,500 upon approval by the Board.

Rulemaking Authority 253.04(2) FS. Law Implemented 253.04 FS. History–New 7-7-85, Formerly 16Q-14.02, 16Q-14.002.