DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5J-12.002Registration
5J-12.004Advertising
5J-12.006Denials
5J-12.007Enforcement Actions and Administrative 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. 40 No. 251, December 31, 2014 issue of the Florida Administrative Register.
5J-12.002 Registration.
No change.
Rulemaking Authority 559.92201, 570.07(23) FS. Law Implemented 559.904, 559.916 FS. History–New 1-18-95, Amended 5-24-95, 2-11-98, 1-20-03, 11-4-03, 6-27-05, 11-22-05, 3-8-12,_______.
5J-12.004 Advertising.
No change.
Rulemaking Authority 559.92201, 570.07(23) FS. Law Implemented 559.916(2) FS. History–New 1-18-95; Amended,________.
5J-12.006 Denials.
No Change.
Rulemaking Authority 559.92201, 570.07(23) FS. Law Implemented 559.904(10) FS. History–New__________.
5J-12.007 Enforcement Actions and Administrative Penalties.
(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Sections 559.901-559.9221, F.S. The purpose of the guidelines is to give notice of the range of penalties which normally will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase the penalties to be imposed against the violator by the department. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum of $1,000 pursuant to the Class I category as provided in Section 559.921(4)(b)2., F.S. and in Section 570.971, F.S. 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.
(2) through (4) No change.
(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Sections 559.901-559.9221, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. In no event shall a fine for a single violation exceed the statutory maximum of $1,000 pursuant to the Class I category as provided in Section 559.921(4)(b)2., F.S. and in Section 570.971, F.S. If a notice of noncompliance is imposed for an initial violation, a second violation within a three-year period shall result in a fine of at least $100 not to exceed $1,000. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a minor violation or a major violation as described in (8) below.
(a) Aggravating factors shall include, but not be limited to, the following:
1. through 8. No change.
(b) Mitigating factors shall include, but not be limited to:
1. through 7. No change.
(6) through (8) No change.
(9) Nothing in this rule chapter shall prohibit the department and person charged with a violation from resolving violations prior to administrative hearing, or from entering into settlement pursuant to Section 120.57(4), F.S. The department is authorized to utilize all available remedies to ensure compliance including administrative action, civil actions, and referrals for criminal prosecution. The cost of any enforcement proceeding may be added to any penalty imposed. The department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120, F.S. or Sections 559.901-559.9221, F.S.
(10) through (11) No change.
Rulemaking Authority 559.92201, 570.07(23), FS. Law Implemented 559.904(10)(b), (11), 559.921(4), 570.971(4), FS History–New_________.
