Fla. Admin. Code Ann. R. 61B-35.003 - Enforcement of Minor Violations

For statutory or rule violations determined to be minor in Rule 61B-35.002, F.A.C., the division will take the following approach:

(1) If the division has reasonable cause to believe that a violation may have occurred, a Warning Letter will be sent to the alleged violator. The Warning Letter will give the alleged violator forty-five (45) days from the postmark date of the letter in which to address, correct, or dispute the violation. In its Warning Letter, the division shall recommend that the alleged violator review other mobile home parks owned by the alleged violator, if any, to determine whether a similar violation exists. To avoid any civil penalties in these other mobile home parks, the alleged violator must initiate corrective or mitigative action in response to the initial Warning Letter in those other mobile home parks. The corrective or mitigative action must be completed within 90 days of the postmark of the Warning Letter. The Warning Letter will identify the alleged violation stating the relevant facts supporting the alleged violation, and provide a contact telephone number and an investigator's name so that the alleged violator may contact the division for information in obtaining compliance. However, it is solely the responsibility of the alleged violator to take action to achieve statutory or rule compliance and to provide proof of such compliance to the division. The division shall only issue a Warning Letter if the alleged violator has no prior Warning Letter, Notice to Show Cause, Final Order or Consent Order for the same violation. The Warning Letter shall not be considered final agency action. The agency will advise the complainant of the resolution of the complaint.

(2) If, as a result of the Warning Letter, the alleged violator corrects the statutory or rule violation within the 45-day time period referenced in subsection (1) above, no civil penalty shall be assessed for the violation.

(3) If the alleged violator fails to correct the minor statutory or rule violation within the time period specified in subsection (1) above, or if an alleged violator commits repeated violations of the same statutory or rule provisions, a civil penalty may be assessed of up to $250.00 per violation. For purposes of this rule, the prior issuance of a Warning Letter shall not be considered evidence of a prior rule or statutory violation.

Notes

Fla. Admin. Code Ann. R. 61B-35.003

Specific Authority 723.006(9) FS. Law Implemented 723.006 FS.

New 12-3-98.

New 12-3-98.