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Florida Statutes Title XXVII. Railroads and Other Regulated Utilities § 368.061. Penalty

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A person who violates this part, or any regulation issued hereunder, is subject to a civil penalty not to exceed the following:

(a) Until June 30, 2025, $266,015 for each violation for each day that such violation persists, except that the maximum civil penalty may not exceed $2,660,135 for any related series of violations.

(b) On or after July 1, 2025, maximum penalties established by the Florida Public Service Commission by rule. In establishing such penalties, the commission shall consider the penalties established in paragraph (a) and make revisions to such penalties based upon consideration of the Consumer Price Index, penalties established in federal law for pipeline safety violations, and the intent of the Legislature that the commission maintain its certification with the Pipeline and Hazardous Materials Safety Administration, or any of its successor agencies, to enforce pipeline safety. The commission shall review the penalties established in this paragraph at least annually and revise as necessary, using the considerations specified in this paragraph.

(2) Any such civil penalty may be compromised by the commissioners. In determining the amount of such penalty or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance after notification of a violation shall be considered. Each penalty shall be a lien upon the real and personal property of said persons and enforceable by the commission as statutory liens under chapter 85, the proceeds of which shall be deposited in the general revenue fund of the state.

(3) The commissioners may, at their discretion, cause to be instituted in any court of competent jurisdiction in this state proceedings for injunction against any person subject to the provisions of this part to compel the observance of the provisions of this part or any rule, regulation or requirement of the commission made thereunder.

(4) The commission may adopt rules to implement this section.

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Cite this article: FindLaw.com - Florida Statutes Title XXVII. Railroads and Other Regulated Utilities § 368.061. Penalty - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-xxvii-railroads-and-other-regulated-utilities/fl-st-sect-368-061/

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