Minor Violation Rules

Section 120.695(2), Florida Statutes, as amended by Chapter 2016-116, Laws of Florida, required each agency to review all of its rules and designate those for which a first violation would be a minor violation and for which a notice of noncompliance would be the first enforcement action taken against a person or business subject to regulation.  A violation of a rule is a minor violation if it does not result in economic or physical harm to a person or adversely affect public health, safety, or welfare or create a significant threat of such harm.

The Commission has completed the review and submitted its certification to the to the President of the Senate, the Speaker of the House of Representatives, the Joint Administrative Procedures Committee and the Governor’s Rules Ombudsman.

The rules so designated are as follows:

Rule 68E-1.005 Suspensions and Revocations, sections (1)(a) and (1)(b), which establish that a failure to fulfill reporting requirements or respond to other information requests for marine turtle permits is a minor violation.

Rule 68F-20.005, sections (2)(a), (2)(e) and (3)(b), which acknowledges that the Commission's current practice is to issue a notice of noncompliance in response to a first minor violation of these provisions regarding aquatic plant management.

Although not included in the certification, for informational purposes, please note that:

Rule 68A-4.001 General Prohibitions, section (4)(b) establishes that placing food or garbage, allowing the placement of food or garbage, or offering food or garbage that attracts bears and is likely to create or creates a nuisance is prohibited after receiving prior written notification from the Commission.

 



FWC Facts:
The North Atlantic right whale’s only known calving area is located off the coast of Georgia and Florida.

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