Fla. Admin. Code Ann. R. 64E-14.020 - Citations, Fines
(1) Citations shall
describe the particular nature of the violation, including a specific reference
to the provisions of statute or rule allegedly violated. Each day the violation
exists without being corrected constitutes a separate violation for which a
citation may be issued. The citation shall be issued to the owner, supervisor,
or operator of the migrant farmworker housing or to the responsible person for
remedying the field sanitation facilities' violation including the crew leader,
the harvesting company, or the property owner and when a responsible person
cannot be identified, any of the above may be cited. The fines imposed by a
citation issued by the department may not exceed $500 for each
violation.
(2) Field Sanitation
Citation Fines.
(a) No soap, hand drying
towels, or waste container for towel disposal. $50.00
(b) Toilet facilities are not screened or
self-closing and do not ensure privacy. $75.00
(c) Hand washing facilities not available or
not located adjacent to the toilet. Facilities not located within a quarter
mile walking distance from farmworkers. $100.00
(d) Water containers improperly constructed
or not marked in English and the native language of the majority of the
workers. Single service cups not provided and ice not from an approved source.
$100.00
(e) Waste water from hand
washing facility causes a sanitary nuisance. The amount of drinking water
available is not sufficient to prevent dehydration or disease. Toilet
facilities do not provide a minimum 50 gallon storage capacity.
$250.00
(f) Sewage from toilet
facilities is not properly disposed or toilet and drinking water facilities are
not provided. First Offense $250.00 Additional Offenses $500.00.
(3) To have the amount of the
imposed fine reduced up to one-half, the citation recipient must submit
physical proof to the department's county health department director,
administrator, or other authorized staff that the violation was corrected
within 48 hours from the time of the citation. In determining whether to reduce
or waive the fine, the department shall give due consideration to such factors
as the gravity of the violation, the good faith in correcting the violation
demonstrated by the person who has allegedly committed the violation, and the
person's history of previous violations, including violations for which
enforcement actions were taken under this section or other provisions of state
law.
(4) The citation recipient may
request an administrative hearing within 21 days of the date of receipt of the
citation by following procedures listed on the citation DOH Form
4084.
Notes
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