Florida Statute 381.0061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 381
PUBLIC HEALTH: GENERAL PROVISIONS

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F.S. 381.0061

381.0061 Administrative fines.—

(1) In addition to any administrative action authorized by chapter 120 or by other law, the department may impose a fine, which may not exceed $500 for each violation, for a violation of s. 381.006(15) or s. 381.0072, for a violation of any rule adopted by the department under this chapter, or for a violation of chapter 386 not involving onsite sewage treatment and disposal systems. The department shall give an alleged violator a notice of intent to impose such fine. Each day that a violation continues may constitute a separate violation.

(2) In determining the amount of fine to be imposed, if any, for a violation, the following factors shall be considered:

(a) The gravity of the violation, including the probability that death or serious physical or emotional harm to any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated.

(b) Actions taken by the owner or operator to correct violations.

(3) All amounts collected under this section shall be deposited into an appropriate trust fund of the department.

History.—s. 4, ch. 80-351; s. 2, ch. 85-300; s. 13, ch. 89-324; s. 22, ch. 91-297; s. 7, ch. 92-180; s. 11, ch. 99-397; s. 41, ch. 2020-150; s. 5, ch. 2024-180.

Note.—Former s. 381.112.

F.S. 381.0061 on Google Scholar

F.S. 381.0061 on Casetext

Amendments to 381.0061

Arrestable Offenses / Crimes under Fla. Stat. 381.0061

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 381.0061.

Annotations, Discussions, Cases:

Cases Citing Statute 381.0061

Total Results: 5

Patel v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-27T00:00:00-07:00

Citation: 141 So. 3d 1239

Snippet: the filing of the petition, for a total of $131,381.61; (2) a Bank of America account in the name of Satish

Osterback v. Agwunobi

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-26T00:53:00-07:00

Citation: 873 So. 2d 437

Snippet: punished as provided in ss. 381.0025 381.112 and 381.0061 381.411. Ch. 91-297, § 29, at 2855, Laws of Fla

Hillsborough County v. FLORIDA REST. ASS'N

Court: Fla. Dist. Ct. App. | Date Filed: 1992-07-17T00:53:00-07:00

Citation: 603 So. 2d 587

Snippet: is express preemption language in *590 section 381.061(9), Florida Statutes (1989),[2] but this subsection… DCA 1984). The preemption language of section 381.061(9) provides: The regulation of food safety protection…expressly reserved by the state to itself in chapter 381.061(9). Although the legislature deals with health … a proper resolution of the case. [2] Section 381.061, Florida Statutes (1989), has been repealed. Ch

Cape Cave Corp. v. State, Department of Environmental Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1986-11-20T00:00:00-08:00

Citation: 498 So. 2d 1309

Snippet: purposes of Chapter 381. See Sections 381.031 and 381.061, Fla.Stat. ... In contrast, the Department’s regulatory

Vandercar v. David

Court: Fla. Dist. Ct. App. | Date Filed: 1957-07-22T00:53:00-07:00

Citation: 96 So. 2d 227

Snippet: 128 A. 513; Peck v. Williams, 24 R.I. 583, 54 A. 381, 61 L.R.A. 351; Schraeder v. Koopman, 190 Wis. 459,