Division of Historical Resources
RULE NO.: RULE TITLES:
1A-31.013 Prohibited Practices; Penalties
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 31, No. 51, December 23, 2005, issue of the Florida Administrative Weekly.
1A-31.013 Prohibited Practices; Penalties.
(1) When the division determines that a person or business organization is violating, or has violated, one or more of the provisions of Sections 267.13(2)(a) and (d), F.S., the division will contact the alleged violator and direct that the offending activity cease immediately and/or direct that the property of the State be returned to the division. If the violation does not cease or is not cured within the time specified by the division, the division will send the alleged violator notice of an administrative proceeding provided in Section 267.13(2)(b), F.S., and/or the division will apply to a court of competent jurisdiction for injunctive relief as specified in Section 267.13(2)(d), F.S.
(2) The division will commence an administrative proceeding if it is determined that the alleged violation resulted in permanent damage to historic property of the State.
(3) The division will apply to a court of competent jurisdiction of injunctive relief if the alleged violation is ongoing and the division determines that continued activity poses a threat to the historic preservation goals of the State.
(4) The division will commence an administrative proceeding and apply to a court of competent jurisdiction for injunctive relief when the division determines that alleged violation has caused permanent damage to the historic property of the State and that continued activity poses a threat to the historic preservation goals of the State.
(5) If the alleged violator timely requests a hearing, the administrative proceeding may be an informal or formal hearing as the facts and law dictate. The requested administrative proceeding shall not be mediation.
