Florida Regulations 5H-17.006: Penalties
Current as of: 2024 | Check for updates
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(1) The department may impose one or more of the following penalties against any person who violates any of the provisions of the Florida Agricultural Promotional Campaign Act or this rule chapter:
(a) Issuance of a warning letter.
(b) Imposition of an administrative fine in the Class I category pursuant to Florida Statutes § 570.971, per violation for a first-time offender.
(c) For a second-time offender or a person who is shown to have willfully and intentionally violated this part or any rules adopted under this part, the administrative fine shall be in the Class II category pursuant to Florida Statutes § 570.971, for each violation.
(d) The term “”each violation”” means each incident in which a logo of the Florida Agricultural Promotional Campaign has been used, reproduced, or distributed in any manner inconsistent with this part or the rules adopted under this part.
(e) Revocation or suspension of program membership.
(2) The department is also authorized by Florida Statutes § 571.301, to seek an injunction to restrain any person from failing or refusing to comply with the requirements of the Florida Agricultural Promotional Campaign Act or this rule chapter.
Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.29, 571.301 FS. History-New 6-22-92, Amended 2-8-17.
Terms Used In Florida Regulations 5H-17.006
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
(b) Imposition of an administrative fine in the Class I category pursuant to Florida Statutes § 570.971, per violation for a first-time offender.
(c) For a second-time offender or a person who is shown to have willfully and intentionally violated this part or any rules adopted under this part, the administrative fine shall be in the Class II category pursuant to Florida Statutes § 570.971, for each violation.
(d) The term “”each violation”” means each incident in which a logo of the Florida Agricultural Promotional Campaign has been used, reproduced, or distributed in any manner inconsistent with this part or the rules adopted under this part.
(e) Revocation or suspension of program membership.
(2) The department is also authorized by Florida Statutes § 571.301, to seek an injunction to restrain any person from failing or refusing to comply with the requirements of the Florida Agricultural Promotional Campaign Act or this rule chapter.
Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.29, 571.301 FS. History-New 6-22-92, Amended 2-8-17.