Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40E - South Florida Water Management District
Chapter 40E-1 - GENERAL AND PROCEDURAL
Section 40E-1.715 - Civil Penalty Calculation
Current through Reg. 50, No. 187; September 24, 2024
(1) The District has the authority under Section 373.129, F.S. to assess civil penalties of up to $15,000 per day, per violation.
(2) Because an economic advantage can be derived through avoidance of expenditures necessary to achieve compliance with District permitting rules and regulations, the District shall consider in its assessment of civil penalties any economic benefit which the violator may have gained through noncompliance.
(3) Multiple penalties shall be calculated for every violation which constitutes an independent and substantially distinguishable violation, or when the same person has violated the same requirement in substantially different locations.
(4) Multi-day penalties shall be calculated where daily advantage is being gained by the violator for an ongoing violation, computed by multiplying the original assessment amount by the number of days of noncompliance.
Rulemaking Authority 120.53(1), 373.044, 373.113, 373.333(1) FS. Law Implemented 120.69, 373.129, 373.209(3), 373.430, 373.603 FS.
New 10-3-95, Amended 10-23-12, 4-17-24.
