Enforcement Actions and Administrative Penalties

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-13.004Enforcement 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. 42 No. 22, February 3, 2016 issue of the Florida Administrative Register.

5J-13.004 Enforcement Actions and Administrative Penalties.

(1) through (4) No change.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 539, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. 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 $500 not to exceed $2,500. 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 subsection (8) below.

(a) Aggravating factors shall include, but not be limited to:

1. through 8. No change.

(b) Mitigating factors shall include, but not be limited to:

1. through 7.  No change.

(6) through (11)  No change.

Rulemaking Authority 539.001(21), 570.07(23) FS. Law Implemented 539.001, 570.971(4) FS. History–New 4-5-15, Amended             .