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Florida Administrative Code (Last Updated: June 27, 2024) |
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62. Department of Environmental Protection |
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62B. Beaches and Coastal Systems |
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62B-54. Administrative Fines And Damage Liability |
1(1) The Department shall assess damages for grossly negligent or knowing violations of Sections 15161.041, 16161.052, 17or 18161.053, 19Florida Statutes, or any rule or order prescribed by the Department thereunder, which result in harm to sovereignty lands seaward of mean high water or to beaches, shores, or coastal or beach-dune system(s), including animal, plant, or aquatic life thereon. In accordance with Section 63161.054(4), 64Florida Statutes, the damage amount shall be sufficient to ensure immediate and continued compliance with the provisions of Sections 83161.041, 84161.052, 85and 86161.053, 87Florida Statutes, and be consistent with the following table:
96CULPABILITY
97HARM TO RESOURCE
100Gross Negligence
102Knowing
103Major
104$1,000 minimum
107$5,000 minimum
110Moderate
111$500 minimum
113$1,000 minimum
116Minor
117$250 minimum
119$250 minimum
121(2) Damages in amounts greater than the minimum amounts provided above may be assessed. When determining the amount of damages sufficient to ensure the immediate and continued compliance with the provisions of Section 154161.041, 155161.052, 156and 157161.053, 158Florida Statutes, the Department shall consider:
164(a) The lost or diminished ability to protect upland structures and property from wind and water damage resulting from storms,
184(b) The lost or diminished opportunities for recreational use,
193(c) The need for restoration, and
199(d) The damaged ecological resource.
204(3) The Department does not hereby waive any right to assess fines pursuant to Administrative Fines for Damaging State Lands or Products Thereof, Chapter 18-14, Florida Administrative Code.
232Specific Authority 234161.052, 235161.053, 236161.054 FS. 238Law Implemented 240161.052, 241161.053, 242161.054 FS. 244History-New 3-20-00.
