eLaws of Florida

  SECTION 381.0061. Administrative fines.  


Latest version.
  • 112(1) 3In addition to any administrative action authorized by chapter 120 or by other law, the department may impose a fine, which shall not exceed $500 for each violation, for a violation of s. 36381.006(16), 37s. 38381.0065, 39s. 40381.0066, 41s. 42381.0072, 43or part III of chapter 489, for a violation of any rule adopted under this chapter, or for a violation of any of the provisions of chapter 386. Notice of intent to impose such fine shall be given by the department to the alleged violator. Each day that a violation continues may constitute a separate violation.
    99(2) 100In determining the amount of fine to be imposed, if any, for a violation, the following factors shall be considered:
    120(a) 121The gravity of the violation, including the probability that death or serious physical or emotional harm to any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated.
    168(b) 169Actions taken by the owner or operator to correct violations.
    179(c) 180Any previous violations.
    183(3) 184All amounts collected under this section shall be deposited into an appropriate trust fund of the department.
History.-s. 4, ch. 80-351; s. 2, ch. 85-300; s. 13, ch. 89-324; s. 22, ch. 91-297; s. 7, ch. 92-180; s. 11, ch. 99-397; s. 41, ch. 2020-150.

Note

Note.-Section 41, ch. 2020-150, amended subsection (1), effective July 1, 2021, to read:

(1) In addition to any administrative action authorized by chapter 120 or by other law, the department may impose a fine, which may not exceed $500 for each violation, for a violation of s. 381.006(15), s. 381.0065, s. 381.0066, s. 381.0072, or part III of chapter 489, for a violation of any rule adopted under this chapter, or for a violation of chapter 386. Notice of intent to impose such fine shall be given by the department to the alleged violator. Each day that a violation continues may constitute a separate violation.

Note.-Former s. 381.112.

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