Section 69A-62.036 - Procedures Relating to Penalties(1) The division shall issue a notice assessing a penalty to a firefighter employer that fails to timely abate a violation of the Act or division rule.(2) The division shall serve the notice assessing a penalty in the manner provided for by law and shall insure that such notice is provided to the administrative officer in charge of the fire department or his or her designee.(3)(a) If an investigation to verify abatement reveals that a previously-noticed violation exists, the division shall assess against the firefighter employer a penalty for a continuing violation, which shall accrue from the original abatement date indicated on the Notice of Violation. If the firefighter employer demonstrates conclusively to the division by documentary evidence, such as purchase order, payment receipt, or work order, that the firefighter employer corrected the previously noticed violation on or before the abatement date, the division shall not assess a penalty for a continuing violation.(b) Any previously noticed violation that recurs after the six-month abatement period constitutes a separate violation, which is independent of a previously noticed violation and shall be separately charged.(4) Except as otherwise provided in this rule, the division shall assess against a firefighter employer who violates the Act, such penalty as is permitted in section 633.526, F.S. If the division grants an extension of the abatement date and the firefighter employer fails to timely abate, the penalty shall accrue from the original abatement date on the Notice of Violation.(5) The division shall assess against a firefighter employer a penalty for a violation that is commensurate with frequency or severity, or both. (a) In assessing a penalty based on frequency, the division shall consider:1. The number of safety and health violations cited against the firefighter employer as the result of a complaint or investigation; and,2. The number of identical, similar, or related safety and health violations for which the firefighter employer was prosecuted administratively, criminally, or civilly.(b) Unless the firefighter employer violates a provision specifically enumerated in paragraph (a), above, the division shall assess a penalty that considers:1. The risk or potential risk of injury or exposure to injury that results from the violation or violations; and,2. The number of firefighter employees affected by the violation or violations.(6) A firefighter employer that violates rule 69A-62.031, F.A.C., (right of entry) is subject to criminal prosecution pursuant to Section 633.526, F.S., and to administrative prosecution under the Act.(7) The division has authority to seek remedies, including injunctive relief, by making appropriate filings with the Circuit Court of the Second Judicial Circuit (Leon County) to assure compliance with the Act or division rule or order.(8) The firefighter employer may request mitigation of the penalty by filing a written request for mitigation with the division. The division shall determine whether to mitigate a penalty after considering:(a) The knowledge of the firefighter employer of the violation or whether the firefighter employer ought to have known of the violation with due diligence;(b) The remedial action taken by the firefighter employer in good faith to correct the violation or violations cited;(c) The promptness of the firefighter employer's remedial action to correct the violation or violations cited; and,(d) The demonstrated commitment by the firefighter employer to avert recurrence of the violation or violations and to assure future compliance with the Act and division rules.(9) A firefighter employer shall be assessed a penalty which must be paid to the division within 30 days of the issuance date of the Notice assessing a penalty. The payment must include the case file number and penalty number(s) specified on the Notice assessing a penalty. Penalty payments shall be addressed to: Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340. The division shall deposit all penalties collected in the Florida Insurance Regulatory Trust Fund.(10) The notice assessing a penalty shall be final agency action and shall be subject to chapter 120, F.S.Fla. Admin. Code Ann. R. 69A-62.036
Rulemaking Authority 633.526 FS. Law Implemented 633.526 FS.