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Florida Administrative Code (Last Updated: April 18, 2024) |
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62. Department of Environmental Protection |
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62B. Beaches and Coastal Systems |
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62B-54. Administrative Fines And Damage Liability |
1(1) The Department shall assess fines for willful violations of, or refusing to comply with, Sections 17161.041, 18161.052, 19and 20161.053, 21Florida Statutes, or any rule or order prescribed by the Department thereunder. The fine amount shall be sufficient to ensure immediate and continued compliance with the provisions of Section 50161.041, 51161.052, 52and 53161.053, 54Florida Statutes, and be consistent with the following table:
63HARM TO RESOURCE or POTENTIAL FOR HARM
70FINE RANGE
72Major
73$5,000-$10,000
76Moderate
77$1,000-$5,000
80Minor
810-$1,000
83(2) Each day during any portion of which a violation occurs or continues to occur hereunder constitutes a separate offense. Multi-day fines will compound beginning on the date of receipt of the Department’s warning notice.
118(3) In determining the actual fine within the range, the Department shall consider the offender’s past violations, if any, and other aggravating or mitigating circumstances. Aggravating circumstances include but are not limited to prior knowledge of rules, or willful or knowing violation of department orders; while mitigating circumstance include but are not limited to events during an emergency situation in which activities are performed to alleviate imminent collapse or undermining of a structure without obtaining a permit, or obtaining a local permit for activities and not a department permit.
207Rulemaking Authority 209161.052, 210161.053, 211161.054 FS. 213Law Implemented 215161.052, 216161.053, 217161.054 FS. 219History-New 3-20-00, Amended 4-30-12.
