Fla. Admin. Code Ann. R. 40E-1.715 - Civil Penalty Calculation
(1) The
District has the authority under Section
373.129, F.S. to assess civil
penalties of up to $15,000 per day, per violation.
(2) Because an economic advantage can be
derived through avoidance of expenditures necessary to achieve compliance with
District permitting rules and regulations, the District shall consider in its
assessment of civil penalties any economic benefit which the violator may have
gained through noncompliance.
(3)
Multiple penalties shall be calculated for every violation which constitutes an
independent and substantially distinguishable violation, or when the same
person has violated the same requirement in substantially different
locations.
(4) Multi-day penalties
shall be calculated where daily advantage is being gained by the violator for
an ongoing violation, computed by multiplying the original assessment amount by
the number of days of noncompliance.
Notes
Rulemaking Authority 120.53(1), 373.044, 373.113, 373.333(1) FS. Law Implemented 120.69, 373.129, 373.209(3), 373.430, 373.603 FS.
New 10-3-95, Amended 10-23-12, 4-17-24.
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(1) The District has the authority under Section 373.129, F.S. to assess civil penalties of up to $15,000 per day, per violation.
(2) Because an economic advantage can be derived through avoidance of expenditures necessary to achieve compliance with District permitting rules and regulations, the District shall consider in its assessment of civil penalties any economic benefit which the violator may have gained through noncompliance.
(3) Multiple penalties shall be calculated for every violation which constitutes an independent and substantially distinguishable violation, or when the same person has violated the same requirement in substantially different locations.
(4) Multi-day penalties shall be calculated where daily advantage is being gained by the violator for an ongoing violation, computed by multiplying the original assessment amount by the number of days of noncompliance.
Notes
Rulemaking Authority 120.53(1), 373.044, 373.113, 373.333(1) FS. Law Implemented 120.69, 373.129, 373.209(3), 373.430, 373.603 FS.
New 10-3-95, Amended 10-23-12, 4-17-24.