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Florida Administrative Code (Last Updated: April 18, 2024) |
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5. Department of Agriculture and Consumer Services |
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5J. Division of Consumer Services |
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5J-5. No Sales Telephone Solicitation |
1(1) This rule sets forth the guidelines the department will follow in imposing the administrative penalties authorized under section 20501.059, F.S. 22The purpose of the guidelines is to give notice of the range of administrative penalties which will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase the administrative penalties to be imposed against the violator by the department. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine a total penalty and will be grounds for enhancement of penalties.
118(2) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining administrative penalties for violations of section 139501.059, F.S. 141The factors shall be applied against each single count of the listed violation. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation.
172(a) Aggravating factors shall include:
1771. The violation endangered the public safety or welfare.
1862. Previous administrative or civil complaints brought by any governmental agency within the preceding three years for the same or a similar offense(s) that resulted in settlement, imposition of penalties, or suspension or revocation of a license.
2233. The violator impeded, or otherwise failed to cooperate with, the department’s inspection or investigation.
2384. The violation resulted from an intentional act.
2465. The cost of the enforcement action.
2536. The number of violations proven in the same proceeding.
2637. The benefit to the violator.
269(b) Mitigating factors shall include:
2741. Any documented efforts by the violator at rehabilitation.
2832. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.
3003. Substantiated financial hardship.
3044. Acts of God or nature that impair the ability of the violator to comply with Section 321501.059, F.S., 323or this rule chapter.
3275. The violator took corrective action within twenty-four (24) hours of receiving written notification of the violation.
3446. A clean disciplinary history of the person committing the violation.
355(3) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.
383(4) Penalties. Any violation of section 389501.059, F.S., 391shall result in the imposition of an administrative fine ranging from $5,000 to $10,000 per violation pursuant to a Class III violation as referenced in sections 419501.059(9)(b) 420and 570.971, F.S.
423(5) Failure to respond to an administrative complaint shall result in the entry of a default Final Order against the violator or entity responsible for the violation and the department shall impose the maximum administrative fine amount of $10,000 per violation pursuant to a Class III violation as referenced in sections 475501.059(9)(b) 476and 570.971, F.S.
479Rulemaking Authority 481501.059(12), 482570.07(23) FS. 484Law Implemented 486501.059(9)(b), 487570.971(4) FS. History–New 12-28-15, Amended 1-10-19.
