Section 18-23.010 - Enforcement(1) Violation of the rules of this chapter constitutes a non-criminal infraction and shall be punishable by fines as follows:(a) A Minor Non-Destructive Violation, which includes violation of the following subparagraph 18-23.007(2)(a) 1. or 8., F.A.C., is punishable by a fine of $50.(b) A Major Non-Destructive Violation, which includes violation of the following subparagraph 18-23.007(2)(b) 4., F.A.C., is punishable by a fine of $100.(c) A Resource Damage Violation which includes violation of the following subparagraph 18-23.007(2)(a) 3., 5., 6. or 7. or 18-23.007(2)(b) 1., 2., 5. or 6., F.A.C., is punishable by a fine of $250.(d) A Public Danger Violation, which includes violation of the following subparagraph 18-23.007(2)(a) 2. or 4. or 18-23.007(2)(b) 3., F.A.C., is punishable by a fine of $500.(2) Violators shall be notified of the rule(s) violated and the amount of the fine by issuance of a non-criminal citation by a certified law enforcement officer.(3) Procedures for resolving non-criminal violations under these rules are as follows: (a) When a law enforcement officer issues a citation for violation of the rules of this chapter, the citation shall specify which section was violated and the amount of the fine for violation of the specified rule. The citation shall include the person's name, address, and telephone number, and the county in which the violation occurred. The citation shall also specify a date to appear at county court. The officer shall give a copy of the citation to the violator and to the clerk of the county court in the county in which the violation occurred.(b) Any person cited for violation of any rule in this chapter shall sign the citation and shall accept a copy of the citation. Such signature shall indicate the person's knowledge of both the citation and the date of court appearance, but it shall not constitute admission of the violation.(c) A person who receives a citation may pay the fine amount specified on the citation to the clerk of the county court for the county in which the violation occurred at any time before the date of court appearance stated on the citation to avoid a court appearance and the imposition of court costs. The fine shall be paid by certified check or money order payable to the Clerk of the [County] Court, stating the citation number, the name of violator, and the court case number, if known. Upon such payment, the Clerk shall close the file.(d) Any person who has paid the fine prior to court appearance in accordance with this rule shall be deemed to have admitted the violation and to have waived the right to a hearing on the issue of commission of the violation.(e) If a person who receives a citation does not pay the fine prior to the date of the court appearance, they must appear in court on the date stated on the citation. If the violator fails to appear, the court may impose appropriate sanctions for failure to appear.(f) The court, after hearing, shall make a determination as to whether a violation of the rule has been committed. If the court finds that a violation was committed, the court shall impose the fine specified by this rule, not to exceed $500, plus court costs.(g) The State shall prove the violation by a preponderance of the evidence. If the violator is found guilty of the violation, the violator shall pay the fine plus costs to the clerk of the county court.Fla. Admin. Code Ann. R. 18-23.010
Rulemaking Authority 253.86(2) FS. Law Implemented 253.86 FS.
New 7-1-03, Amended 12-9-04.New 7-1-03, Amended 12-9-04.