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The Florida Senate

1999 Florida Statutes

SECTION 96
Penalties; administrative fines; injunctive relief.

585.96  Penalties; administrative fines; injunctive relief.--

(1)  In addition to any other penalty provided in this part, if the department finds that a person has violated any provision of this part or of the rules of the department adopted under this part, it may enter an order imposing one or more of the following penalties:

(a)  Denial of a request for a grant of inspection or for a custom slaughtering or processing establishment permit.

(b)  Revocation or suspension of a grant of inspection or a permit for a custom slaughtering or processing establishment.

(c)  Imposition of an administrative fine in an amount not exceeding $10,000 for each violation. In imposing any fine under this paragraph, the department shall consider the degree and extent of harm caused by the violation, the amount of money by which the violator benefited from noncompliance, whether the violation was committed willfully, and the violator's record of compliance. Any administrative fine collected by the department under this section shall be deposited into the General Inspection Trust Fund.

(2)  Unless otherwise provided, any person that violates a provision of this part is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3)  In addition to any other remedies provided in this part and notwithstanding the existence of any other adequate remedy at law, the department may bring an action to enjoin the violation or threatened violation of a provision of this part or a rule of the department adopted under this part. Upon the presentation to the court by the department of competent and substantial evidence of the violation or threatened violation, the court shall immediately issue a temporary or permanent injunction without bond. A single act in violation of a provision of this part is sufficient evidence to authorize the issuance of an injunction.

History.--s. 52, ch. 94-180.