(1) In addition to any administrative action authorized by chapter 120 or by other law, the department may impose a fine, which may not exceed $500 for each violation, for a violation of s. 381.006(15), s. 381.0065, s. 381.0066, s. 381.0072, or part III of chapter 489, for a violation of any rule adopted under this chapter, or for a violation of chapter 386. Notice of intent to impose such fine shall be given by the department to the alleged violator. Each day that a violation continues may constitute a separate violation.
(2) In determining the amount of fine to be imposed, if any, for a violation, the following factors shall be considered:
(a) The gravity of the violation, including the probability that death or serious physical or emotional harm to any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated.
(b) Actions taken by the owner or operator to correct violations.
(c) Any previous violations.
(3) All amounts collected under this section shall be deposited into an appropriate trust fund of the department.
History.—s. 4, ch. 80-351; s. 2, ch. 85-300; s. 13, ch. 89-324; s. 22, ch. 91-297; s. 7, ch. 92-180; s. 11, ch. 99-397; s. 41, ch. 2020-150.
Note.—Former s. 381.112.
Structure Florida Statutes
Chapter 381 - Public Health: General Provisions
381.001 - Public Health System.
381.0011 - Duties and Powers of the Department of Health.
381.0012 - Enforcement Authority.
381.0016 - County and Municipal Regulations and Ordinances.
381.0018 - Application for and Acceptance of Gifts or Grants.
381.0019 - Disposition of Equipment and Material; Transfers to County Health Departments.
381.002 - Grant of Title to Prescriptive Medical Personal Property to Client.
381.0021 - Client Welfare Accounts.
381.0022 - Sharing Confidential or Exempt Information.
381.003 - Communicable Disease and AIDS Prevention and Control.
381.0031 - Epidemiological Research; Report of Diseases of Public Health Significance to Department.
381.00315 - Public Health Advisories; Public Health Emergencies; Isolation and Quarantines.
381.00316 - Covid-19 Vaccine Documentation.
381.00317 - Private Employer Covid-19 Vaccination Mandates Prohibited.
381.00319 - Prohibition on Covid-19 Vaccination Mandates for Students.
381.0034 - Requirement for Instruction on HIV and Aids.
381.0038 - Education; Sterile Needle and Syringe Exchange Programs.
381.0039 - Oversight of AIDS Education Programs.
381.0041 - Donation and Transfer of Human Tissue; Testing Requirements.
381.0042 - Patient Care for Persons With HIV Infection.
381.0043 - Blood Donor Protection Act; Blood and Blood Component Donors; Confidentiality.
381.0045 - Targeted Outreach for Pregnant Women.
381.0046 - Statewide HIV and AIDS Prevention Campaign.
381.005 - Primary and Preventive Health Services.
381.0053 - Comprehensive Nutrition Program.
381.0055 - Confidentiality and Quality Assurance Activities.
381.0056 - School Health Services Program.
381.0057 - Funding for School Health Services.
381.0059 - Background Screening Requirements for School Health Services Personnel.
381.00591 - Department of Health; National Environmental Laboratory Accreditation; Application.
381.00593 - Public School Volunteer Health Care Practitioner Program.
381.006 - Environmental Health.
381.0061 - Administrative Fines.
381.0062 - Supervision; Private and Certain Public Water Systems.
381.0063 - Drinking Water Funds.
381.0065 - Onsite Sewage Treatment and Disposal Systems; Regulation.
381.00651 - Periodic Evaluation and Assessment of Onsite Sewage Treatment and Disposal Systems.
381.00652 - Onsite Sewage Treatment and Disposal Systems Technical Advisory Committee.
381.0066 - Onsite Sewage Treatment and Disposal Systems; Fees.
381.0072 - Food Service Protection.
381.0075 - Regulation of Body-Piercing Salons.
381.00771 - Definitions of Terms Used in Ss. 381.00771-381.00791.
381.00773 - Application of Ss. 381.00771-381.00791; Exemption.
381.00775 - Tattoo Artists; Licensure; Registration of Guest Tattoo Artists.
381.00777 - Tattoo Establishments; Licensure; Temporary Establishments.
381.00779 - Practice Requirements.
381.00781 - Fees; Disposition.
381.00783 - Grounds for Discipline; Administrative Penalties.
381.00785 - Criminal Penalties.
381.00787 - Tattooing Prohibited; Penalty.
381.00791 - Local Laws and Ordinances.
381.008 - Definitions of Terms Used in Ss. 381.008-381.00897.
381.0082 - Application for Permit to Operate Migrant Labor Camp or Residential Migrant Housing.
381.0083 - Permit for Migrant Labor Camp or Residential Migrant Housing.
381.0084 - Application Fees for Migrant Labor Camps and Residential Migrant Housing.
381.0085 - Revocation of Permit to Operate Migrant Labor Camp or Residential Migrant Housing.
381.0086 - Rules; Variances; Penalties.
381.0087 - Enforcement; Citations.
381.00893 - Complaints by Aggrieved Parties.
381.00895 - Prohibited Acts; Application.
381.00896 - Nondiscrimination.
381.00897 - Access to Migrant Labor Camps and Residential Migrant Housing.
381.009 - Toilets Required by Department Regulations; Charge for Use of Prohibited.
381.0101 - Environmental Health Professionals.
381.0201 - Technical and Support Services.
381.0202 - Laboratory Services.
381.02035 - Canadian Prescription Drug Importation Program.
381.0205 - Emergency Medical Services.
381.026 - Florida Patient’s Bill of Rights and Responsibilities.
381.0261 - Summary of Patient’s Bill of Rights; Distribution; Penalty.
381.028 - Adverse Medical Incidents.
381.0303 - Special Needs Shelters.
381.0402 - Area Health Education Center Network.
381.0405 - Office of Rural Health.
381.0406 - Rural Health Networks.
381.04065 - Rural Health Network Cooperative Agreements.
381.0601 - Self-Derived and Directed-Donor Blood Programs.
381.06014 - Blood Establishments.
381.06015 - Public Cord Blood Tissue Bank.
381.06016 - Umbilical Cord Blood Awareness.
381.4018 - Physician Workforce Assessment and Development.
381.4019 - Dental Student Loan Repayment Program.
381.40195 - Donated Dental Services Program.
381.735 - Office of Minority Health and Health Equity.
381.7351 - Short Title; Closing the Gap Act.
381.7352 - Legislative Intent.
381.7355 - Project Requirements; Review Criteria.
381.7356 - Local Matching Funds; Grant Awards.
381.739 - Short Title; Charlie Mack Overstreet Brain or Spinal Cord Injuries Act.
381.7395 - Legislative Intent.
381.74 - Establishment and Maintenance of a Central Registry.
381.745 - Definitions; Ss. 381.739-381.79.
381.75 - Duties and Responsibilities of the Department.
381.755 - Benefits Not Assignable.
381.76 - Eligibility for the Brain and Spinal Cord Injury Program.
381.765 - Retention of Title to and Disposal of Equipment.
381.775 - Applicant and Recipient Records; Confidential and Privileged.
381.78 - Advisory Council on Brain and Spinal Cord Injuries.
381.785 - Recovery of Third-Party Payments for Funded Services.
381.79 - Brain and Spinal Cord Injury Program Trust Fund.
381.815 - Sickle-Cell Program.
381.82 - Ed and Ethel Moore Alzheimer’s Disease Research Program.
381.84 - Comprehensive Statewide Tobacco Education and Use Prevention Program.
381.853 - Florida Center for Brain Tumor Research.
381.8531 - Florida Center for Brain Tumor Research; Public Records Exemption.
381.86 - Institutional Review Board.
381.88 - Emergency Allergy Treatment.
381.885 - Epinephrine Auto-Injectors; Emergency Administration.
381.887 - Emergency Treatment for Suspected Opioid Overdose.
381.89 - Regulation of Tanning Facilities.
381.895 - Standards for Compressed Air Used for Recreational Diving.
381.91 - Jessie Trice Cancer Prevention Program.
381.911 - Prostate Cancer Awareness Program.
381.915 - Casey Desantis Cancer Research Program.
381.922 - William G. “Bill” Bankhead, jr., and David Coley Cancer Research Program.
381.92201 - Exemptions From Public Records and Public Meetings Requirements; Peer Review Panels.
381.925 - Cancer Center of Excellence Award.
381.93 - Breast and Cervical Cancer Early Detection Program.
381.931 - Annual Report on Medicaid Expenditures.
381.9312 - Uterine Fibroid Research Database; Education and Public Awareness.
381.9315 - Gynecologic and Ovarian Cancer Education and Awareness.
381.932 - Breast Cancer Early Detection and Treatment Referral Program.
381.933 - Mammography Reports.
381.95 - Medical Facility Information Maintained for Terrorism Response Purposes; Confidentiality.
381.96 - Pregnancy Support and Wellness Services.
381.981 - Health Awareness Campaigns.
381.984 - Educational Programs.
381.986 - Medical Use of Marijuana.