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Florida Statute 381.0061 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 381
PUBLIC HEALTH: GENERAL PROVISIONS
View Entire Chapter
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.
(c) Any previous 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.

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Amendments to 381.0061


Annotations, Discussions, Cases:

Cases Citing Statute 381.0061

Total Results: 1

Hillsborough County v. FLORIDA REST. ASS'N

603 So. 2d 587, 1992 WL 164090

District Court of Appeal of Florida | Filed: Jul 17, 1992 | Docket: 1476055

Cited 19 times | Published

There is express preemption language in *590 section 381.061(9), Florida Statutes (1989),[2] but this subsection