Fines shall be imposed and collected by the Board pursuant to
Section
253.04(2)
and Chapter 120, F.S. Nothing in this rule chapter shall be construed to
preclude the Board from bringing suits or taking action as is otherwise
lawfully authorized against any person or the agent of any person who has been
found to have damaged state land or products thereof; provided, however, that
any administrative fines imposed pursuant to this rule chapter shall be in lieu
of monetary damages authorized pursuant to Section
253.04,
F.S., for the same offense.
(1) Before
any fine can be imposed, the Secretary of the Department or the appropriate
Director of District Management shall issue a notice of violation to suspected
and known violators giving notice of the violation and specifying the
violator's rights under Chapter 120, F.S. Such notice shall be served on the
violator by actual delivery; by service of process in accordance with Florida
Rules of Civil Procedure; or by certified mail, return receipt requested; and
shall identify the provision of law or rule alleged to have been violated. The
notice of violation shall include a brief statement of the facts constituting
the alleged violation and the basis for the claim that the land affected by the
alleged violation is owned by the state.
(2) The notice shall demand that the
violation cease immediately, and that the violator take reasonable corrective
measures within 20 days. The notice shall state that if a violation is not
stopped immediately and corrected within 20 days or at a later time agreed to
by the Department and the violator, a fine shall be considered
imposed.
(3) Upon imposition of a
fine, the Secretary of the Department shall issue a certified letter to the
violator demanding payment to the Internal Improvement Trust Fund within 15
days of receipt. If payment is not received by the Department within such 15
day period or at a later time agreed to by the Department and the violator, 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 Chapter 85,
F.S.
(4) Unless a request for an
administrative hearing pursuant to Section 120.57, F.S., is filed (received by
the Department's clerk) within 20 days after service of the notice, the notice
of violation, and the allegations contained therein, shall become binding and
final, and the right to an administrative hearing shall be deemed
waived.
(5) Upon notice of
violation, if any person or agent of any person ceases the activity alleged to
be in violation of this rule and Chapter 253, F.S.; makes application to the
Department for the required form of consent to use the state land at issue; and
agrees to remove any structure or fill in violation, or to restore any
excavation or dredging in violation; then the Secretary of the Department shall
have the authority to fix, impose and collect a fine not to exceed $2,500 per
offense.
