Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-21 - MOTOR FUEL SPECIFICATIONS AND STANDARDS › Section 5J-21.008 - 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 Chapters 525
				and 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 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 Chapters 525 and 531, F.S., and this
				rule chapter by issuing an administrative complaint, stop sale order, and/or
				notice of noncompliance for violations of Chapter 525 or 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 does not cause harm
				to the public or is not subject to a penalty.
(5) Aggravating and Mitigating Factors. The
				department will consider aggravating and mitigating factors in determining
				penalties for violations of Chapters 525 and 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 history over the past three
				years.
5. The violation existed for
				more than one month.
6. The
				violation was repeated within one year.
7. The violator impeded, or otherwise failed
				to cooperate with the department's inspection and/or investigation.
8. Previous disciplinary action against the
				violator in this or any other jurisdiction.
9. Failure to take or initiate affirmative or
				corrective action within 48 hours after receipt of the stop sale order or
				within the timeframe specified on a notice of non-compliance for the
				violation.
10. The violation
				resulted from an intentional act.
11. The need for repeated follow-up
				inspections without valid evidence of remedial action taken by the
				violator.
12. The number of other
				violations proven in the same proceeding.
13. The benefit to the
				violator.