Fla. Admin. Code Ann. R. 62B-54.003 - Determination of Damages

(1) The Department shall assess damages for grossly negligent or knowing violations of Sections 161.041, 161.052, or 161.053, F.S., or any rule or order prescribed by the Department thereunder, which result in harm to sovereignty lands seaward of mean high water or to beaches, shores, or coastal or beach-dune system(s), including animal, plant, or aquatic life thereon. In accordance with Section 161.054(4), F.S., the damage amount shall be sufficient to ensure immediate and continued compliance with the provisions of Sections 161.041, 161.052, and 161.053, F.S., and be consistent with the following table:

	CULPABILITY
HARM TO RESOURCE	Gross Negligence	Knowing
Major	$1,000.00 minimum	$5,000.00 minimum
Moderate	$500.00 minimum	$1,000.00 minimum
Minor	$250.00 minimum	$250.00 minimum

(2) Damages in amounts greater than the minimum amounts provided above may be assessed. When determining the amount of damages sufficient to ensure the immediate and continued compliance with the provisions of Sections 161.041, 161.052, and 161.053, F.S., the Department shall consider:

(a) The lost or diminished ability to protect upland structures and property from wind and water damage resulting from storms;

(b) The lost or diminished opportunities for recreational use;

(c) The need for restoration; and,

(d) The damaged ecological resource.

(3) The Department does not hereby waive any right to assess fines pursuant to Administrative Fines for Damaging State Lands or Products Thereof, Chapter 18-14, F.A.C.

Notes

Fla. Admin. Code Ann. R. 62B-54.003

Rulemaking Authority 161.052, 161.053, 161.054 FS. Law Implemented 161.052, 161.053, 161.054 FS.

New 3-20-00.

New 3-20-00.