Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1332
       
       
       
       
       
       
                                Barcode 927148                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2009           .                                
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       The Committee on Regulated Industries (Jones) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 1403 - 1447
    4  and insert:
    5         (c) The act for which the citation is issued shall cease
    6  upon receipt of the citation and the person who receives the
    7  citation must correct the violation and respond to the civil
    8  penalty in the manner indicated on the citation or, within 21
    9  days after receiving the citation, exclusive of weekends and
   10  legal holidays, request an administrative hearing.
   11         1. The division or the Division of Administrative Hearings
   12  shall hold hearings conducted pursuant to chapter 120.
   13         2. The failure to file a written request for an
   14  administrative hearing which complies with s. 120.569 regarding
   15  the citation within the 21-day time period set forth in this
   16  paragraph constitutes a waiver of the person's right to request
   17  an administrative hearing. A waiver of the right to request an
   18  administrative hearing shall be deemed an admission of the
   19  violation and penalties may be imposed accordingly.
   20         3. If the person issued the citation, or his or her
   21  designated representative, shows that the citation is invalid or
   22  that the violation has been corrected before an administrative
   23  hearing, the division may dismiss the citation unless the
   24  violation is irreparable or irreversible.
   25         4. Each day that a violation knowingly and willfully
   26  continutes constitutes a separate offense.
   27         (d) If the administrative hearing results in a finding that
   28  a violation exists, the division or administrative law judge may
   29  order the violator to pay a civil penalty of not less than the
   30  amount set forth on the citation, but not more than $1,000 per
   31  day for each violation. In determining the amount of the
   32  penalty, the division or administrative law judge, shall
   33  consider:
   34         1. The gravity of the violation.
   35         2. Any actions taken by the violator to correct the
   36  violation.
   37         3. Any previous violations committed by the violator.
   38         (e) If the violator has not contested the citation or paid
   39  the civil penalty within the timeframe provided in the citation,
   40  the division shall enter a final order requiring the violator to
   41  pay the civil penalty provided in the citation. A hearing is not
   42  required for the issuance of such final order.
   43         (f) An aggrieved party may appeal a final order issued by
   44  the division in accordance with s. 120.68. All notices and
   45  administrative proceedings required in this section shall be
   46  provided to the alleged violator by certified mail, return
   47  receipt requested, or by hand delivery by the state elevator
   48  inspector.