Florida Regulations 40E-1.715: Civil Penalty Calculation
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(1) Consistency and equitable treatment are essential elements of the District’s enforcement guidelines. Therefore, the District has developed two civil penalty matrices (CPM) for use in calculating appropriate civil penalties in enforcement actions. The Comsumptive Use CPM, October 2012, http://www.flrules.org/Gateway/reference/asp?No=Ref-01532, is incorporated by reference herein and utilized for violations of Chapters 40E-2, 40E-3, 40E-5, 40E-20 and 40E-21, F.A.C. The Environmental Resource CPM, October 2012, http://www.flrules.org/Gateway/reference.asp?No=Ref-01533, is incorporated by reference herein and utilized for violations of Chapters 40E-4, 40E-40, 40E-41, 40E-61, 40E-63 and 40E-400, F.A.C. Copies of the CPMs are also available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33405, 1(800) 432-2045, ext. 6436, or (561) 682-6436.
(2) The CPM is the initial basis for determining the appropriate amount for a particular penalty. The CPM reflects the District’s statutory authority under Florida Statutes § 373.129, to seek civil penalties of up to $10,000 per day, per violation. The CPM is comprised of two principle components:
(a) The actual or potential harm to the public and the environment that may occur as a result of the violation; and
(b) The extent of deviation from statutory or regulatory requirements.
(3) Because an economic advantage can be derived through avoidance of expenditures necessary to achieve compliance with District permitting rules and regulations, the District shall consider in its assessment of civil penalties any economic benefit which the violator may have gained through noncompliance.
(4) Multiple penalties shall be calculated for every violation which constitutes an independent and substantially distinguishable violation, or when the same person has violated the same requirement in substantially different locations.
(5) Multi-day penalties shall be calculated where daily advantage is being gained by the violator for an ongoing violation, computed by multiplying the original assessment amount by the number of days of noncompliance.
Rulemaking Authority 120.53(1), 373.044, 373.113, 373.333(1) FS. Law Implemented 120.69, 373.129, 373.209(3), 373.430, 373.603 FS. History-New 10-3-95, Amended 10-23-12.
Terms Used In Florida Regulations 40E-1.715
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(a) The actual or potential harm to the public and the environment that may occur as a result of the violation; and
(b) The extent of deviation from statutory or regulatory requirements.
(3) Because an economic advantage can be derived through avoidance of expenditures necessary to achieve compliance with District permitting rules and regulations, the District shall consider in its assessment of civil penalties any economic benefit which the violator may have gained through noncompliance.
(4) Multiple penalties shall be calculated for every violation which constitutes an independent and substantially distinguishable violation, or when the same person has violated the same requirement in substantially different locations.
(5) Multi-day penalties shall be calculated where daily advantage is being gained by the violator for an ongoing violation, computed by multiplying the original assessment amount by the number of days of noncompliance.
Rulemaking Authority 120.53(1), 373.044, 373.113, 373.333(1) FS. Law Implemented 120.69, 373.129, 373.209(3), 373.430, 373.603 FS. History-New 10-3-95, Amended 10-23-12.