64E-14.020. Citations, Fines

(1) Citations shall describe the particular nature of the violation, including a specific reference to the provisions of statute or rule allegedly violated. Each day the violation exists without being corrected constitutes a separate violation for which a citation may be issued. The citation shall be issued to the owner, supervisor, or operator of the migrant farmworker housing or to the responsible person for remedying the field sanitation facilities’ violation including the crew leader, the harvesting company, or the property owner and when a responsible person cannot be identified, any of the above may be cited. The fines imposed by a citation issued by the department may not exceed $500 for each violation.

(2) Field Sanitation Citation Fines.

(a) No soap, hand drying towels, or waste container for towel disposal. $50.00

(b) Toilet facilities are not screened or self-closing and do not ensure privacy. $75.00

(c) Hand washing facilities not available or not located adjacent to the toilet. Facilities not located within a quarter mile walking distance from farmworkers. $100.00

(d) Water containers improperly constructed or not marked in English and the native language of the majority of the workers. Single service cups not provided and ice not from an approved source. $100.00

(e) Waste water from hand washing facility causes a sanitary nuisance. The amount of drinking water available is not sufficient to prevent dehydration or disease. Toilet facilities do not provide a minimum 50 gallon storage capacity. $250.00

(f) Sewage from toilet facilities is not properly disposed or toilet and drinking water facilities are not provided. First Offense $250.00 Additional Offenses $500.00.

(3) To have the amount of the imposed fine reduced up to one-half, the citation recipient must submit physical proof to the department’s county health department director, administrator, or other authorized staff that the violation was corrected within 48 hours from the time of the citation. In determining whether to reduce or waive the fine, the department shall give due consideration to such factors as the gravity of the violation, the good faith in correcting the violation demonstrated by the person who has allegedly committed the violation, and the person’s history of previous violations, including violations for which enforcement actions were taken under this section or other provisions of state law.

(4) The citation recipient may request an administrative hearing within 21 days of the date of receipt of the citation by following procedures listed on the citation DOH Form 4084.

Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0086, 381.0087 FS. History–New 1-1-77, Amended 10-7-84, Formerly10D-25.71, Amended 8-6-92, 11-17-94, Formerly 10D-25.071, Amended 9-12-99, 9-30-08.