9419299, 18-14.001 - Florida Administrative Rules, Law, Code, Register

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Notice: 9419299

Notice of Proposed Rule

Department:

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

Chapter:

ADMINISTRATIVE FINES FOR DAMAGING STATE LANDS OR PRODUCTS THEREOF

Overview

RULE:

18-14.001	Definitions
18-14.002	Determination of Fines
18-14.003	Violations
18-14.004	Applicability (Repealed)
18-14.005	Imposition and Collection of Fines

PURPOSE:

To revise and clarify the process for assessing administrative fines for violations on state-owned land. The proposed amendments allow The Department of Environmental Protection (“DEP”) to first issue a warning letter to a suspected responsible party instead of a Notice of Violation if it is deemed more appropriate to begin with an informal action. Currently, Chapter 18-14, F.A.C., requires staff to issue a Notice of Violation, a formal administrative action, to provide an initial notice of suspected violations and begin the assessment of potential fines. The proposed amendments remove this requirement and allow DEP to reduce the initial notice from a formal administrative process to an informal warning letter to suspected responsible parties providing a period of time to correct potential violations. If the suspected responsible party fails to comply with the requirements of the warning letter, DEP may assess and collect fines through a formal administrative proceeding. Additionally, proposed amendments will also allow DEP to settle matters in accordance with Section 120.57(4), F.S., without first issuing a Notice of Violation. This change will allow for a process that is more efficient for staff and more transparent and accessible for the public. Further, the amendments make it a violation of the rule to fail to comply with an order of the Board of Trustees of the Internal Improvement Trust Fund or to fail to comply with a condition of authorization to locate a structure or vessel on state land. Lastly, the amendments allow DEP to not impose fines on a responsible party that has no history of prior violations, ceases the violations immediately, and completes corrective measures within 20 days of receipt of a warning from DEP of potential violations.

SUMMARY:

Method for notifying suspected responsible parties of potential violations, required corrective actions, and assessment and collection of administrative fines for violations on state-owned lands.

RULEMAKING AUTHORITY:

253.04(2) FS.

LAW:

253.04 FS.

PRINT PUBLISH DATE:

11/24/2010 Vol. 36/47

COMMENTS:

From 11/24/2010 To 12/15/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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