61A-2.022. Penalty Guidelines

(1) This rule sets for the penalty guidelines which shall be imposed upon alcoholic beverage licensees and permittees who are supervised by the division. District supervisors, audit supervisors, and bureau chiefs are authorized to accept settlement offers that do not deviate from the penalty guidelines. The penalties provided below are based upon a single violation which the licensee committed or knew about; or a pattern of at least three violations on different dates within a 12-week period by employees, independent contractors, agents, or patrons on the licensed premises or in the scope of employment in which the licensee did not participate; or violations which were occurring in an open and notorious manner on the licensed premises.

(2) Businesses and non-profit charitable organizations issued alcoholic beverage licenses, permits, and brand registrations by the division are subject to discipline (warnings, corrective action, civil penalties, suspensions, revocations, reimbursement of cost, and forfeiture).

(3) The penalties for repetitive unlawful conduct shall be based on the same violations occurring within 36 months of the date of the first administrative proceeding notice.

(4) All stipulations accepted by the division shall include a written statement that the violation has been corrected and a written plan to prevent additional violations of the same law. All violations cited in the administrative action shall be corrected before any stipulation will be accepted by the division. All proceedings involving violations of Sections 562.11, 569.003, 569.005, 569.007, 859.06, and 859.061, Florida Statutes, and Chapter 893, Florida Statutes, must include an affirmation of compliance with Florida’s Responsible Vendor-Dealer Acts (Sections 561.701 through 561.706, and 569.008, Florida Statutes) as a part of the prevention plan required as an attachment to stipulations offered in settlement.

(5) All stipulations offering lower penalties than the guidelines must be approved by the director and shall include a written statement of mitigation in addition to the statement of correction and prevention plan required in subsection (4) of this rule.

(6) Reimbursement of cost shall include those expenses of each participating government agency involved in the investigation of the licensed premises. Expenses shall be limited to overtime, per diem, equipment and property rental, evidence purchased, supplies purchased, and other purchases directly related to conducting the investigation. The division shall keep and maintain an accurate log with receipts of expenses related to investigations of licensed premises. No reimbursement will be required if the total expenses are less than $25.

(7) All civil penalties may be substituted with license or permit suspensions using the ratio of 1 day for each $50; for example, a licensee could offer a 5-day license suspension instead of a $250 civil penalty. No required suspensions may be substituted with civil penalties unless approved by the director.

(8) Licensees or permittees who violate the accepted stipulation agreement or final order shall be issued a new administrative action under the same case number for failing to comply with the stipulation or final order which will be considered a separate violation of state law and the penalty for the violation cited will double.

(9) No stipulation or order may exceed $1,000 for violations arising out of a single transaction.

(10) Licensees may petition the division to amend any stipulation or final order by sending the petition to the Director, Division of Alcoholic Beverages and Tobacco, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-1020. Petitions filed shall not automatically stay any effective dates in the stipulation or order unless the director authorizes the stay or amendment requested in the petition.

(11) The penalty guidelines set forth in the table that follows are intended to provide field offices and licensees or permittees with penalties that will be routinely imposed by the division for violations. The description of the violation in the table is intended to provide a brief description and not a complete statement of the statute.

 

Rulemaking Authority 561.11 FS. Law Implemented 120.57, 409.2598, 559.79(3), 561.29, 561.501(5), 939.01 FS., as created by chapter 93-134, Laws of Florida. History–New 2-28-94.