Florida Regulations 1A-32.006: Prohibited Practices; Penalties
Current as of: 2024 | Check for updates
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(1) When the division determines that a person or business organization is violating, or has violated, one or more of the provisions of Sections 267.13(2)(a) and (d), F.S., the division will contact the alleged violator and direct that the offending activity cease immediately and/or direct that the property of the State be returned to the division. If the violation does not cease or is not cured within the time specified by the division, the division will send the alleged violator notice of an administrative proceeding provided in Section 267.13(2)(b), F.S., and/or the division will apply to a court of competent jurisdiction for injunctive relief as specified in Section 267.13(2)(d), F.S.
(2) The division will commence an administrative proceeding if it is determined that the alleged violation resulted in permanent damage to historic property of the State.
(3) The division will apply to a court of competent jurisdiction for injunctive relief if the alleged violation is ongoing and the division determines that continued activity poses a threat to the historic preservation goals of the State.
(4) The division will commence an administrative proceeding and apply to a court of competent jurisdiction for injunctive relief when the division determines that the alleged violation has caused permanent damage to the historic property of the State and that continued activity poses a threat to the historic preservation goals of the State.
(5) If the alleged violator timely requests a hearing, the administrative proceeding may be an informal or formal hearing as the facts and law dictate. The requested administrative proceeding shall not be mediation.
Rulemaking Authority 20.10(3), 267.13 FS. Law Implemented 267.13(2)(a)-(d) FS. History-New 5-15-06.
Terms Used In Florida Regulations 1A-32.006
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) The division will apply to a court of competent jurisdiction for injunctive relief if the alleged violation is ongoing and the division determines that continued activity poses a threat to the historic preservation goals of the State.
(4) The division will commence an administrative proceeding and apply to a court of competent jurisdiction for injunctive relief when the division determines that the alleged violation has caused permanent damage to the historic property of the State and that continued activity poses a threat to the historic preservation goals of the State.
(5) If the alleged violator timely requests a hearing, the administrative proceeding may be an informal or formal hearing as the facts and law dictate. The requested administrative proceeding shall not be mediation.
Rulemaking Authority 20.10(3), 267.13 FS. Law Implemented 267.13(2)(a)-(d) FS. History-New 5-15-06.