Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-22 - WEIGHTS AND MEASURES › Section 5J-22.007 - Guidelines for Imposing Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth the guidelines the
				department will follow in imposing the penalties authorized under Chapter 531,
				F.S. The purpose of the guidelines is to give notice of the range of penalties,
				which will be imposed for a single violation. These guidelines list aggravating
				and mitigating factors that, if present, will reduce or increase penalties to
				be imposed. The guidelines in this rule chapter are based upon a single count
				violation of each provision listed. Multiple counts of the violated provision
				or a combination of the listed violations will be added together to determine
				an overall total penalty and will be grounds for enhancement of
				penalties.
(2) The department will
				administratively enforce compliance with Chapter 531, F.S., and this rule
				chapter by issuing an administrative complaint, stop sale order, stop use
				order, and/or notice of noncompliance for violations of Chapter 531, F.S., and
				this rule chapter.
(3) Nothing in
				this rule shall limit the ability of the department to informally dispose of
				administrative actions by settlement agreement, consent order, or other lawful
				means.
(4) Rule Not All-Inclusive.
				This rule contains illustrative violations. It does not, and is not intended
				to, encompass all possible violations of the statutes or department rules that
				might be committed by any person. The absence of any violation from this rule
				shall in no way be construed to indicate that the violation is not subject to a
				penalty. In an instance where the violation is not listed in this rule, it will
				be penalized in accordance with paragraph (8)(b) of this rule.
(5) Aggravating and Mitigating Factors. The
				department will consider aggravating and mitigating factors in determining
				penalties for violations of Chapter 531, F.S., and this rule chapter. The
				factors shall be applied against each single count of the listed violation.
(a) Aggravating Factors shall include:
1. The violation caused or has the potential
				to cause harm to a person or property and the degree or extent of such
				harm.
2. The violation endangered
				the public safety or welfare.
3.
				Previous enforcement actions for the same or a similar offense.
4. The violation existed for more than one
				month.
5. The violation was
				repeated within one year.
6. The
				violator impeded, or otherwise failed to cooperate with the department's
				inspection and/or investigation.
7.
				Previous disciplinary action against the violator in this or any other
				jurisdiction.
8. Failure to take or
				initiate affirmative or corrective action within 48 hours after receipt of the
				stop sale and/or stop use order or within the timeframe specified on a notice
				of noncompliance for the violation.
9. The violation resulted from an intentional
				act.
10. The need for repeated
				follow-up inspections without valid evidence of remedial action taken by the
				violator.
11. The number of other
				violations proven in the same proceeding.
12. The benefit to the
				violator.