5H-17.006. Penalties  


Effective on Wednesday, February 8, 2017
  • 1(1) The department may impose one or more of the following penalties against any person who violates any of the provisions of the Florida Agricultural Promotional Campaign Act or this rule chapter:

    33(a) Issuance of a warning letter.

    39(b) Imposition of an administrative fine in the Class I category pursuant to Section 53570.971, 54F.S., per violation for a first-time offender.

    61(c) For a second-time offender or a person who is shown to have willfully and intentionally violated this part or any rules adopted under this part, the administrative fine shall be in the Class II category pursuant to Section 100570.971, 101F.S., for each violation.

    105(d) The term “each violation” means each incident in which a logo of the Florida Agricultural Promotional Campaign has been used, reproduced, or distributed in any manner inconsistent with this part or the rules adopted under this part.

    143(e) Revocation or suspension of  program membership.

    150(2) The department is also authorized by Section 158571.301, F.S., 160to seek an injunction to restrain any person from failing or refusing to comply with the requirements of the Florida Agricultural Promotional Campaign Act or this rule chapter.

    188Rulemaking Authority 190570.07(23), 191571.24 FS. 193Law Implemented 195571.29, 196571.301 FS. 198History–New 6-22-92, Amended 2-8-17.

     

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