Guidelines for Imposing Administrative Penalties and Fines for Violations of Chapter 531, Florida Statutes

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Standards

RULE NO: RULE TITLE
5F-13.001: Guidelines for Imposing Administrative Penalties and Fines for Violations of Chapter 531, Florida Statutes

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.32,No.19, May 12, 2006 issue of the Florida Administrative Weekly.

The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME:   Friday, July 21, 2006, 10:00 a.m.

PLACE: Bureau of Weights and Measures, Doyle Conner Laboratory Complex, 3125 Conner Boulevard, Bldg. #1, Room 105, Tallahassee, Florida 32399-1650

5F-13.001 Guidelines for Imposing Administrative Penalties and Fines for Violations of Chapter 531, Florida Statutes.

(2)(a)2.  Second violation within 2 years after the first violation: $500 fine or the amount of the economic damages, whichever is greater, not to exceed $2500 fine;

3.  Third or subsequent violation within 2 years after the first violation: an increase of $500 over the previous fine amount or calculated economic damages, whichever is greater, not to exceed $5000 fine.

(b)2.  Second violation within 2 years after the first violation: $500 fine;

3.  Third or subsequent violation within 2 years after the first violation:  $1000 fine.

(c)2.  Second violation within 2 years after the first violation: $1000 fine;

3.  Third or subsequent violation within 2 years after the first violation: $2500 fine.

(d)2.  Second violation within 2 years after the first violation: $1000 fine;

3.  Third or subsequent violation within 2 years after the first violation: $2500 fine.

(e)2.  Second violation within 2 years after the first violation: $100 fine;

3.  Third and/or subsequent violation within 2 years after the first violation: $500 fine per violation.

(3)(a)2.  Second violation within 2 years after the first violation: $500 fine or calculated economic damages, whichever is greater, up to a maximum $2500 fine.  “Calculated economic damages” equals the value of packages (price/package) times the average amount of shortage (% shortage per package) times the number of packages in lot(s);

3.  Third or subsequent violation within 2 years after the first violation: an increase of $500 over the previous fine amount or calculated economic damages not to exceed $5000 maximum.  “Calculated economic damages” equals the value of packages (price/package) multiplied by the average amount of shortage (% shortage per package) multiplied by the number of packages in lot(s).

(b)2. Second violation within 2 years after the first violation at the same retail location: $500 fine or calculated economic damages, whichever is greater, not to exceed $2500 fine.  “Calculated economic damages” equals the value of packages (price/package) multiplied by the average amount of shortage (% shortage per package) multiplied by the number of packages in lot(s);

3.  Third or subsequent violation within 2 years after the first violation at the same retail location: an increase of $500 over the previous fine amount or calculated economic damages, whichever is greater, not to exceed $5000 fine.  “Calculated economic damages” equals the value of packages (price/package) multiplied by the average amount of shortage (% shortage per package) multiplied by the number of packages in lot(s).

(c)2.  Second violation within 2 years after the first violation: $500 fine;

3.  Third or subsequent violation within 2 years after the first violation: an increase of $500 over the previous fine amount, not to exceed $5,000.

(d)2.  Second violation within 2 years after the first violation at the same retail location: $500 fine;

3.  Third or subsequent violation within 2 years after the first violation at the same retail location: an increase of $500 over the previous fine amount, but not to exceed $5,000.

(e)2.  Second violation within 2 years after the first violation: $1000 fine or 50% of total retail value of packages (up to $2500), whichever is greater;

3.  Third or subsequent violation within 2 years after the first violation: total retail value of packages or $5000 fine, whichever is less.

(4)2.  Second violation within 2 years after the first violation at the same business location: $500 fine;

3.  Third or subsequent violation within 2 years after the first violation at the same business location: an increase of $500 over the previous fine amount, but not to exceed $5000 maximum.

(b)2.  Second violation within 2 years after the first violation: $1000 fine;

3.  Third or subsequent violation within 2 years after the first violation:  $5000 fine.

(5)2.  Second violation within 2 years after the first violation:  $500 fine;

3.  Third or subsequent violation within 2 years after the first violation: $1000 fine.

(6)2.  Second violation within 2 years after the first violation: $2500 fine;

3.  Third or subsequent violation within 2 years after the first violation: $5000 fine.

(7)  For Other Violations of Chapter 531, Florida Statutes, not listed in subsections 5F-13.001(1) through (6):

(a)  Violations not specifically addressed in subsection 5F-13.001(1) through (6) that result in non-compliance with Chapter 531, Florida Statutes, will be assessed a warning letter or fine according to whether it is a first violation, a second violation within two years of the first violation, or a third or subsequent violation within two years of the first violation, the potential harm caused, the amount of money in which the violator benefited by non-compliance, and the compliance record of the violator. First occurrence fines shall not exceed $1000; second occurrence fines shall not exceed $2500; and in subsequent occurrences the fines shall not exceed $5000.

1.  First violation:  Warning letter;

2.  Second violation within 2 years of the first violation:  $500 fine;

3.  Third or subsequent violation within 2 years of the first violation:  an increase of $500 over the previous fine amount, but not to exceed $5000 maximum.

(b)  Any violations of Chapter 531, Florida Statutes, committed willingly or knowingly, including those covered in 5F-13.001 (1) through (6), will be assessed the maximum fines authorized in Section 531.50 (1), Florida Statutes.

(8)(c) A violator’s failure to respond to an administrative complaint will may result in a waiver of rights to a hearing and the Department will may enter a Final Order imposing fines equal to twice the amount imposed in the administrative complaint, not to exceed the maximum amount allowed by law, for each violation.

Specific Authority 531.41(3) FS. Law Implemented 531.50(1) FS. History–New___________.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT IS: Max Gray, Bureau Chief, Bureau of Weights and Measures, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399-1650, phone: [phone]