Fla. Admin. Code Ann. R. 18-14.005 - Imposition and Collection of Fines

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.

Notes

Fla. Admin. Code Ann. R. 18-14.005
Specific Authority 253.04(2) FS. Law Implemented 253.04 FS.
New 7-7-85, Formerly 16Q-14.05, Transferred from 16Q-14.005.

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