(1) The Department shall assess fines for willful violations of, or refusing to comply with, Sections 161.041, 161.052, and 161.053, F.S., or any rule or order prescribed by the Department thereunder. The fine amount shall be sufficient to ensure immediate and continued compliance with the provisions of Sections 161.041, 161.052, and 161.053, F.S., and be consistent with the following table:
HARM TO RESOURCE or POTENTIAL FOR HARM
FINE RANGE
Major
$5,000.00 – $10,000.00
Moderate
$1,000.00 – $5,000.00
Minor
0 – $1,000.00
    (2) Each day during any portion of which a violation occurs or continues to occur hereunder constitutes a separate offense. Multi-day fines will compound beginning on the date of receipt of the Department’s warning notice.
    (3) In determining the actual fine within the range, the Department shall consider the offender’s past violations, if any, and other aggravating or mitigating circumstances. Aggravating circumstances include but are not limited to prior knowledge of rules, or willful or knowing violation of department orders; while mitigating circumstance include but are not limited to events during an emergency situation in which activities are performed to alleviate imminent collapse or undermining of a structure without obtaining a permit, or obtaining a local permit for activities and not a department permit.
Rulemaking Authority 161.052, 161.053, 161.054 FS. Law Implemented 161.052, 161.053, 161.054 FS. History-New 3-20-00, Amended 4-30-12.