Florida Regulations 62B-54.004: Imposition and Collection of Fines and Damages
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(1) The provisions of Rules 62B-54.002 and 62B-54.003, F.A.C., are not mutually exclusive and may be utilized concurrently.
(2) Fines and damages shall be imposed and collected by the Department pursuant to Sections 161.052, 161.053, and 161.054, F.S., and the Florida Administrative Procedures Act, Florida Statutes Chapter 120 Nothing in this rule chapter shall be construed to preclude the Department from bringing suits or taking action as is otherwise lawfully authorized including directing appropriate restoration activities against any person or the agent of any person who has been found to have violated the provisions of Florida Statutes Chapter 161
(3) Upon discovery of a violation, the Secretary of the Department or his/her designee shall issue a notice to suspected and known violators giving notice of the violation. Such notice shall be served on the violator by certified mail, return receipt requested; actual delivery; or by personal service; and shall identify the provision of law or rule alleged to have been violated. The notice shall include a brief statement of the facts constituting the alleged violation.
(4) Upon determination that the violation is considered a minor violation pursuant to Section 120.695(2)(b), F.S., the Department shall issue a notice of noncompliance as a first response to that minor violation.
(5) Upon determination that a fine or assessment of damage is warranted, the Secretary of the Department or his/her designee shall issue a final order to the violator demanding payment to the Ecosystem Management and Restoration Trust Fund within 21 days of receipt. If payment is not received by the Department within such 21 day period the fine shall become a lien upon the real and personal property of the violator, enforceable by the Department as a statutory lien pursuant to Florida Statutes § 161.054
Rulemaking Authority 161.052, 161.053, 161.054 FS. Law Implemented 161.052, 161.053, 161.054 FS. History-New 3-20-00.
Terms Used In Florida Regulations 62B-54.004
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
(3) Upon discovery of a violation, the Secretary of the Department or his/her designee shall issue a notice to suspected and known violators giving notice of the violation. Such notice shall be served on the violator by certified mail, return receipt requested; actual delivery; or by personal service; and shall identify the provision of law or rule alleged to have been violated. The notice shall include a brief statement of the facts constituting the alleged violation.
(4) Upon determination that the violation is considered a minor violation pursuant to Section 120.695(2)(b), F.S., the Department shall issue a notice of noncompliance as a first response to that minor violation.
(5) Upon determination that a fine or assessment of damage is warranted, the Secretary of the Department or his/her designee shall issue a final order to the violator demanding payment to the Ecosystem Management and Restoration Trust Fund within 21 days of receipt. If payment is not received by the Department within such 21 day period the fine shall become a lien upon the real and personal property of the violator, enforceable by the Department as a statutory lien pursuant to Florida Statutes § 161.054
Rulemaking Authority 161.052, 161.053, 161.054 FS. Law Implemented 161.052, 161.053, 161.054 FS. History-New 3-20-00.