RULE NO: RULE TITLE
18-14.001: Definitions
18-14.002: Determination of Fines
18-14.003: Violations
18-14.004: Applicability
18-14.005: Imposition and Collection of Fines
PURPOSE AND EFFECT: To revise and clarify the assessment of administrative fines for violations on state-owned submerged land. The proposed amendments will provide for issuance of a Warning Letter instead of a Notice of Violation for unauthorized actions on state-owned submerged lands. Currently, Chapter 18-14, F.A.C., requires staff to use a formal Notice of Violation to provide initial notice of unresolved violations and potential fines. The proposed amendments streamline this process to one document that notifies the responsible party of violations and allows for the Department to collect fines if the responsible party refuses to comply with required corrections. This change will be more efficient for staff and the public. Further, the proposed amendments remove language that imposes limits on fines for first and second offenses. Lastly, 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.
SUBJECT AREA TO BE ADDRESSED: Assessing and collecting administrative fines for violations on state-owned lands.
SPECIFIC AUTHORITY: 253.04(2) FS.
LAW IMPLEMENTED: 253.04 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: October 23, 2009, 10:00 a.m. ET
PLACE: Department of Environmental Protection, Carr Building, Room 170, 3800 Commonwealth Blvd., Tallahassee, FL
Toll Free Teleconference Number (888)808-6959, Conference Code 2458486
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 hours before the workshop/meeting by contacting: Mary VanTassel at (850)245-8486. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Donna Kendall, Florida Department of Environmental Protection, Office of Submerged Lands and Environmental Resources, M.S. 2500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8488, or e-mail: Donna.Kendall@dep.state.fl.us. Further information and updates on this proposed rule also may be obtained from the Department’s Web Site at: http://www.dep.state.fl.us/water/rules_dr.htm#erp. (OGC No. 08-0631)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.