Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5K - Division of Food Safety › Chapter 5K-4 - FOOD › Section 5K-4.035 - Guidelines for Imposing Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth guidelines the
				Department will follow in imposing the penalties authorized under Chapter 500,
				and section 581.217, F.S. The purpose of the
				guidelines is to give notice of the range of penalties that will be imposed for
				a single violation within a three-year period. The three-year period shall be
				based on the date of the last administrative enforcement action imposed against
				the violator. These guidelines list aggravating and mitigating factors that, if
				present, will reduce or increase penalties to be imposed. No aggravating
				factors will be applied to increase a fine imposed for a single violation above
				the statutory maximum for a Class II category of $5, 000 for each violation as
				provided in Section 570.971, F.S., except for
				violations of Section
				500.165, F.S., which have a
				statutory maximum for a Class III category of $10, 000 as provided in Section
				570.971, F.S. 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 enforce compliance
				with Chapter 500, section
				581.217(7),
				F.S., and this rule chapter by issuing an administrative complaint, a stop-sale
				order, or stop-use order, notice of non-compliance, permit suspension or
				revocation, or an immediate final order for violations of Chapter 500, section
				581.217(7),
				F.S. and this rule chapter.
(3)
				Stop-Sale, or Stop-Use Orders. The Department shall issue a Stop-Sale, or
				Stop-Use Order FDACS-14215, (Rev. 04/19), as provided in Section
				500.172, F.S., whenever
				necessary to effectuate the statutory duties of the Department in the interest
				of public health, safety, and welfare and as necessary to promote the safety of
				any food product, food-processing equipment, or areas within an entity
				operating as a Food Establishment in Florida. A Stop-Sale, or Stop-Use Order
				14215, (Rev. 04/19), will be used to give notice that such a product,
				processing equipment or area is, or is suspected of, failing to comply with the
				requirements of Chapter 500, section
				581.217(7),
				F.S., or this rule chapter, and shall prohibit the removal, use, or disposal of
				such item. The Stop-Sale, or Stop-Use Order FDACS-14215, (Rev. 04/19), is
				incorporated by reference and avilable online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11722
.
(4) 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.
(5) Rule Not All-Inclusive. This rule
				contains illustrative violations. It does not, and is not intended to,
				encompass all possible violations of statute or Department rule 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 does not cause harm to the
				public or is not subject to a penalty. In any instance where the violation is
				not listed in this rule, the penalty will be determined by consideration of:
(a) The closest analogous violation, if any,
				that is listed in this rule; and
(b) The mitigating or aggravating factors
				listed in this rule.