DEPARTMENT OF LEGAL AFFAIRS
Division of Victim Services and Criminal Justice ProgramsRULE NO.: RULE TITLE:
2A-5.011: EnforcementNOTICE 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. 38, No. 32, August 10, 2012 issue of the Florida Administrative Weekly.
(1) Before the Department may take action to enforce a provision of the “Convenience Business Security Act,” Sections 812.1701-.175, F.S., an inspection of a convenience business or businesses must be performed and properly documented on the form entitled “Convenience Business Security Inspection Form,” CBS-2 (Revised 4/09), effective 8-4-09, which is incorporated by reference in these rules.
(2) The owner or principal operator of a convenience business must respond to a notice of violation and provide proof of compliance by submitting to the Office of the Attorney General a completed form entitled “Voluntary Compliance Agreement,” CBS-3 (Revised 4/09), effective 8-4-09, which is incorporated by reference in these rules.
(3) Upon a showing that the owner or principal operator of a convenience business has a good faith intention to correct a violation and there is no evidence of unnecessary delay, the Office of the Attorney General shall may grant a 90 30-day extension of time for correcting violations. However, if a violation is not timely corrected, civil fines shall may be imposed in the following amounts:
(a) $1,000 for violation of any of the security requirements of Section 812.173(1) and (2), F.S.;
(b) $2,000 for violation of the silent alarm requirements in Section 812.173(3), F.S.; or the employee training requirement in Section 812.174, F.S.;
(c) $5,000 for violation of any of the security requirements in Section 812.173(4), F.S.;
(d) $5,000 for any violation of the requirements indicated in paragraphs (a)-(c) above if the violation is found during the investigation of any of the crimes specified in subsection 812.173(4), F.S.
(4) When a civil fine is imposed, the Office of the Attorney General shall issue a certified, return receipt requested letter to the owner or principal operator demanding payment to the State of Florida within 21 days of receipt.
(5) The allegations contained in a notice of civil fine will become binding and final, and the right to an administrative hearing will be deemed waived, unless a request for administrative hearing under Sections 120.569 and 120.57, F.S., is filed with the Office of the Attorney General within 21 days after receipt of the notice of civil fine.
Rulemaking Authority 812.176 F.S. Law Implemented 120.57, 812.175 F.S. History–New 4-20-93, Amended 6-25-96, 4-28-98, 8-4-09,________.
