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: District Court of Appeal of Florida | Date Filed: 2014-06-27

Citation: 141 So. 3d 1239, 2014 WL 2892353, 2014 Fla. App. LEXIS 9713

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: District Court of Appeal of Florida | Date Filed: 2004-04-26

Citation: 873 So. 2d 437, 2004 WL 874932

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: District Court of Appeal of Florida | Date Filed: 1992-07-17

Citation: 603 So. 2d 587, 1992 WL 164090

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

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

Court: District Court of Appeal of Florida | Date Filed: 1986-11-20

Citation: 498 So. 2d 1309, 11 Fla. L. Weekly 2449, 1986 Fla. App. LEXIS 10785

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

Vandercar v. David

Court: District Court of Appeal of Florida | Date Filed: 1957-07-22

Citation: 96 So. 2d 227, 66 A.L.R. 2d 912

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