Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61A - Division of Alcoholic Beverages and Tobacco › Chapter 61A-2 - GENERAL › Section 61A-2.022 - Penalty Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets
				for the penalty guidelines which shall be imposed upon alcoholic beverage
				licensees and permittees who are supervised by the division. District
				supervisors, audit supervisors, and bureau chiefs are authorized to accept
				settlement offers that do not deviate from the penalty guidelines. The
				penalties provided below are based upon a single violation which the licensee
				committed or knew about; or a pattern of at least three violations on different
				dates within a 12-week period by employees, independent contractors, agents, or
				patrons on the licensed premises or in the scope of employment in which the
				licensee did not participate; or violations which were occurring in an open and
				notorious manner on the licensed premises.
(2) Businesses and non-profit charitable
				organizations issued alcoholic beverage licenses, permits, and brand
				registrations by the division are subject to discipline (warnings, corrective
				action, civil penalties, suspensions, revocations, reimbursement of cost, and
				forfeiture).
(3) The penalties for
				repetitive unlawful conduct shall be based on the same violations occurring
				within 36 months of the date of the first administrative proceeding
				notice.
(4) All stipulations
				accepted by the division shall include a written statement that the violation
				has been corrected and a written plan to prevent additional violations of the
				same law. All violations cited in the administrative action shall be corrected
				before any stipulation will be accepted by the division. All proceedings
				involving violations of Sections
				562.11,
				569.003,
				569.005,
				569.007,
				859.06, and
				859.061, F.S., and Chapter 893,
				F.S., must include an affirmation of compliance with Florida's Responsible
				Vendor-Dealer Acts (Sections
				561.701 through
				561.706, and
				569.008, F.S.) as a part of the
				prevention plan required as an attachment to stipulations offered in
				settlement.
(5) All stipulations
				offering lower penalties than the guidelines must be approved by the director
				and shall include a written statement of mitigation in addition to the
				statement of correction and prevention plan required in subsection (4) of this
				rule.
(6) Reimbursement of cost
				shall include those expenses of each participating government agency involved
				in the investigation of the licensed premises. Expenses shall be limited to
				overtime, per diem, equipment and property rental, evidence purchased, supplies
				purchased, and other purchases directly related to conducting the
				investigation. The division shall keep and maintain an accurate log with
				receipts of expenses related to investigations of licensed premises. No
				reimbursement will be required if the total expenses are less than
				$25.
(7) All civil penalties may be
				substituted with license or permit suspensions using the ratio of 1 day for
				each $50; for example, a licensee could offer a 5-day license suspension
				instead of a $250 civil penalty. No required suspensions may be substituted
				with civil penalties unless approved by the director.
(8) Licensees or permittees who violate the
				accepted stipulation agreement or final order shall be issued a new
				administrative action under the same case number for failing to comply with the
				stipulation or final order which will be considered a separate violation of
				state law and the penalty for the violation cited will double.
(9) No stipulation or order may exceed $1,
				000 for violations arising out of a single transaction.
(10) Licensees may petition the division to
				amend any stipulation or final order by sending the petition to the Director,
				Department of Business and Professional Regulation, Division of Alcoholic
				Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1020.
				Petitions filed shall not automatically stay any effective dates in the
				stipulation or order unless the director authorizes the stay or amendment
				requested in the petition.
(11) The
				penalty guidelines set forth in the table that follows are intended to provide
				field offices and licensees or permittees with penalties that will be routinely
				imposed by the division for violations. The description of the violation in the
				table is intended to provide a brief description and not a complete statement
				of the statute.
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Rulemaking Authority
					 561.11 FS. Law Implemented
					 120.57,
					 409.2598,
					 559.79(3),
					 561.29,
					 561.501(5),
					 939.01 FS., as created by
					 Chapter 93-134, Laws of Florida.
New 2-28-94.