Fla. Admin. Code Ann. R. 62D-2.015 - Civil Penalties

(1) Intent. This section provides civil penalty schedules for violations of the provisions in Rules 62D-2.013 and 62D-2.014, F.A.C., as authorized by Sections 258.007, 258.008, 316.212, 316.2125, and 316.2126, F.S.

(2) Level One Violations.

(a) A person commits a Level One violation if he or she violates any of the provisions, rules, regulations, or orders relating to:

1. Feeding or petting wildlife,

2. Admission to state park property,

3. Traffic control and speed of vehicles,

4. Parking,

5. Swimming,

6. Launching or removal of watercraft from park waters,

7. Mooring, anchoring, or tying up watercraft in waters within or contiguous to park areas,

8. Fishing,

9. Alcoholic beverages,

10. Pets,

11. Merchandising,

12. Aircraft,

13. Operating Hours; and,

14. Photography.

(b) A person who commits a Level One violation commits a noncriminal infraction and shall be cited to appear before the county court.

(c) The civil penalty for a person who commits a Level One violation is $75.00 per violation, unless paragraph (d) or (e), applies.

(d) The civil penalty for a person who commits a Level One violation is $150.00 per violation if the person cited has previously committed the same Level One violation within the preceding 36 months.

(e) The civil penalty for a person who commits a Level One violation is $500.00 per violation if the person cited has twice previously committed the same Level One violation within the preceding 60 months.

(3) Level Two Violations.

(a) A person commits a Level Two violation if he or she violates any of the provisions, rules, regulations, or orders relating to:

1. Damaging plant life, disturbing grass areas or impairing the natural condition of any area or placing debris or material of any kind on or about any plant.

2. The transplantation or removal of any plant life.

3. The introduction of any plant or animal species.

4. Unpermitted or uncontracted construction activities.

5. The failure or refusal to comply with any directions, instructions, or orders issued by park personnel.

6. The operation of watercraft in closed areas.

(b) A person who commits a Level Two violation commits a noncriminal infraction and shall be cited to appear before the county court.

(c) The civil penalty for a person who commits a Level Two violation is $100.00 per violation unless paragraph (d) or (e), applies.

(d) The civil penalty for a person who commits a Level Two violation is $200.00 per violation if the person cited has previously committed the same Level Two violation within the preceding 36 months.

(e) The civil penalty for a person who commits a Level Two violation is $500.00 per violation if the person cited has twice previously committed the same Level Two violation within the preceding 60 months.

(4) Level Three Violations.

(a) A person commits a Level Three violation if he or she violates any of the provisions, rules, regulations or orders relating to:

1. The removal or destruction of park property and resources.

2. Fires.

3. The rent or hire of watercraft in any park waters or permits needed pertaining to same.

4. Excursion boats for rent or hire carrying passengers for money.

5. Firearms or weapons.

(b) A person who commits a Level Three violation commits a noncriminal infraction and shall be cited to appear before the county court.

(c) The civil penalty for a person who commits a Level Three violation is $150.00 per violation, unless paragraph (d) or (e), applies.

(d) The civil penalty for a person who commits a Level Three violation is $300.00 per violation if the person cited has previously committed the same Level Three violation within the preceding 36 months.

(e) The civil penalty for a person who commits a Level Three violation is $500.00 per violation if the person cited has twice previously committed the same Level Three violation within the preceding 60 months.

(5) A person cited for a violation shall sign and accept a citation to appear before the county court. The issuing officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty.

(6) A person cited for a violation may pay the civil penalty by mail or in person within 30 days after receipt of the citation. If the civil penalty is paid, the person shall be deemed to have admitted committing the violation and to have waived his or her right to a hearing before the county court. Such admission may not be used as evidence in any other proceedings except to determine the appropriate fine for any subsequent violations.

(7) A person who refuses to accept a citation, who fails to pay the civil penalty for a violation, or who fails to appear before the county court, as required, commits a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083, F.S.

(8) A person who elects to appear before the county court or who is required to appear before the county court shall be deemed to have waived the limitations of civil penalties under subsections (1), (2), (3), and (4). After a hearing, the county court shall determine if a violation has been committed, and if so, may impose a civil penalty of not less than $75.00 for each first-time Level One violation, $100.00 for each first-time Level Two violation or $150.00 for each first-time Level Three violation and not more than $500.00 for each subsequent Level One, Level Two or Level Three violation.

(9) The provisions set forth above for civil penalties are in addition to any action or actions brought to enforce the criminal penalty provisions of Section 258.008, F.S.

(10) Multiple cases, civil or criminal, may arise out of the same alleged facts or incident, and the pendency of result for one case shall not stay or control the result of the other or others.

Notes

Fla. Admin. Code Ann. R. 62D-2.015

Rulemaking Authority 258.007, 258.008 FS. Law Implemented 258.008 FS.

New 6-2-09.

New 6-2-09.