367.161

Penalties.

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367.161 Penalties.—

(1) If any utility, by any authorized officer, agent, or employee, knowingly refuses to comply with, or willfully violates, any provision of this chapter or any lawful rule or order of the commission, such utility shall incur a penalty for each such offense of not more than $5,000, to be fixed, imposed, and collected by the commission. However, any penalty assessed by the commission for a violation of s. 367.111(2) shall be reduced by any penalty assessed by any other state agency for the same violation. Each day that such refusal or violation continues constitutes a separate offense. Each penalty shall be a lien upon the real and personal property of the utility, enforceable by the commission as statutory liens under chapter 85. The proceeds from the enforcement of any such lien shall be deposited into the General Revenue Fund.

(2) The commission has the power to impose upon any entity that is subject to its jurisdiction under this chapter and that is found to have refused to comply with, or to have willfully violated, any lawful rule or order of the commission or any provision of this chapter a penalty for each offense of not more than $5,000, which penalty shall be fixed, imposed, and collected by the commission; or the commission may, for any such violation, amend, suspend, or revoke any certificate of authorization issued by it. Each day that such refusal or violation continues constitutes a separate offense. Each penalty shall be a lien upon the real and personal property of the entity, enforceable by the commission as a statutory lien under chapter 85. The collected penalties shall be deposited into the General Revenue Fund unallocated.

History.—s. 1, ch. 71-278; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 21, 25, 26, ch. 80-99; ss. 2, 3, ch. 81-318; ss. 6, 8, ch. 84-149; ss. 21, 26, 27, ch. 89-353; s. 4, ch. 91-429.

Notes of Decisions

Cited in 2 cases, 1975–1985 · leading case: Hill Top Developers v. HOLIDAY PINES SERVICE

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Hill Top Developers v. HOLIDAY PINES SERVICE (1985) fladistctapp “Second, the PSC could, under section 367.161, impose a penalty on the utility for failing to file the agreement, or for any other knowing and willful failure to comply with the PSC's provision.”

In re Glenn T. Bland Water System (1975) flapubserv “§367.161 (2), Florida Statutes, provides for imposition of a penalty of not more than ,000 for knowingly refusing to comply with or willfully violating any provision of Chapter 367 or any lawful rate, rule or regulation, order, direction, demand or requirement prescribed by…”

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