2011 Florida Statutes
526.205 Enforcement; extensions.—
(1) Unless a waiver or suspension pursuant to s. 526.204 applies, or an extension has been granted pursuant to subsection (3), it shall be unlawful for a terminal supplier, importer, blender, or wholesaler to sell or distribute, or offer for sale or distribution, any gasoline which fails to meet the requirements of this act.
(2) Upon a determination by the department of a violation of this act, the department shall enter an order imposing one or more of the following penalties:
(a) Issuance of a warning letter.
(b) Imposition of an administrative fine of not more than $1,000 per violation for a first-time offender. For a second-time or repeat offender, or any person who is shown to have willfully and intentionally violated any provision of this act, the administrative fine shall not exceed $5,000 per violation. When imposing any fine under this section, the department shall consider the monetary benefit to the violator as a result of noncompliance, whether the violation was committed willfully, and the compliance record of the violator. All funds recovered by the department shall be deposited into the General Inspection Trust Fund.
(3) Any terminal supplier, importer, blender, or wholesaler may apply to the department by September 30, 2010, for an extension of time to comply with the requirements of this act. The application for an extension must demonstrate that the applicant has made a good faith effort to comply with the requirements but has been unable to do so for reasons beyond the applicant’s control, such as delays in receiving governmental permits. The department shall review each application and make a determination as to whether the failure to comply was beyond the control of the applicant. If the department determines that the applicant made a good faith effort to comply, but was unable to do so for reasons beyond the applicant’s control, the department shall grant an extension of time determined necessary for the applicant to comply.
History.—s. 105, ch. 2008-227.