Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-14 - ADMINISTRATIVE FINES FOR DAMAGING STATE LANDS OR PRODUCTS THEREOF › Section 18-14.005 - Imposition and Collection of Fines

Current through Reg. 50, No. 138; July 16, 2024
Fines shall be imposed and collected by the Board pursuant to
				  Section  253.04  (2) and Chapter 120, F.S.
				  Nothing in this rule chapter shall be construed to preclude the Board from
				  bringing suits or taking action as is otherwise lawfully authorized against any
				  person or the agent of any person who has been found to have damaged state land
				  or products thereof; provided, however, that any administrative fines imposed
				  pursuant to this rule chapter shall be in lieu of monetary damages authorized
				  pursuant to Section 253.04, F.S., for the same offense.
(1) Before any fine can be imposed, the
				Secretary of the Department or the appropriate Director of District Management
				shall issue a notice of violation to suspected and known violators giving
				notice of the violation and specifying the violator's rights under Chapter 120,
				F.S. Such notice shall be served on the violator by actual delivery; by service
				of process in accordance with Florida Rules of Civil Procedure; or by certified
				mail, return receipt requested; and shall identify the provision of law or rule
				alleged to have been violated. The notice of violation shall include a brief
				statement of the facts constituting the alleged violation and the basis for the
				claim that the land affected by the alleged violation is owned by the
				state.
(2) The notice shall demand
				that the violation cease immediately, and that the violator take reasonable
				corrective measures within 20 days. The notice shall state that if a violation
				is not stopped immediately and corrected within 20 days or at a later time
				agreed to by the Department and the violator, a fine shall be considered
				imposed.
(3) Upon imposition of a
				fine, the Secretary of the Department shall issue a certified letter to the
				violator demanding payment to the Internal Improvement Trust Fund within 15
				days of receipt. If payment is not received by the Department within such 15
				day period or at a later time agreed to by the Department and the violator, the
				fine shall become a lien upon the real and personal property of the violator,
				enforceable by the Department as a statutory lien pursuant to Chapter 85,
				F.S.
(4) Unless a request for an
				administrative hearing pursuant to Section
				 120.57, F.S., is filed (received
				by the Department's clerk) within 20 days after service of the notice, the
				notice of violation, and the allegations contained therein, shall become
				binding and final, and the right to an administrative hearing shall be deemed
				waived.
(5) Upon notice of
				violation, if any person or agent of any person ceases the activity alleged to
				be in violation of this rule and Chapter 253, F.S.; makes application to the
				Department for the required form of consent to use the state land at issue; and
				agrees to remove any structure or fill in violation, or to restore any
				excavation or dredging in violation; then the Secretary of the Department shall
				have the authority to fix, impose and collect a fine not to exceed $2, 500 per
				offense.
Rulemaking Authority
					 253.04(2) FS.
					 Law Implemented 253.04
					 FS.
New 7-7-85, Formerly 16Q-14.05,
					 16Q-14.005.