6974414, 62D-2.015 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6974414

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division:

Division of Recreation and Parks

Chapter:

OPERATION OF DIVISION RECREATION AREAS AND FACILITIES

Overview

RULE:

62D-2.015

Civil Penalties

PURPOSE:

The purpose of this new rule section is to implement the provisions of Senate Bill 192 (2008) which was effective July 1, 2008. Once signed into law, the Senate Bill became, in part, Section 258.008, Florida Statutes. Section 258.008, Florida Statutes, changed Florida law to allow for relatively minor violations of state park rules to be punishable by civil fines. Prior to this change, these offenses were punishable as second degree misdemeanors, thereby creating a criminal record for an individual violating a state park rule. This rulemaking is an effort to provide notice to the public of the change in law and to outline the civil fine schedule.

SUMMARY:

The new proposed Rule 62D-2.015, Florida Administrative Code, provides a fine schedule broken out into three fine categories of noncriminal infractions for offenses committed within state park boundaries. Level One fines identify most minor rule violations. Level Two fines identify more serious rule violations. Level Three fines identify the most serious rule violations. The remainder of violations not specifically addressed by this rule section but enumerated in Section 258.008, Florida Statutes, will continue to be punishable as constituting criminal conduct either under the misdemeanor or felony criminal codes.

RULEMAKING AUTHORITY:

258.007, 258.008 FS.

LAW:

258.008 FS.

PRINT PUBLISH DATE:

4/10/2009 Vol. 35/14

COMMENTS:

From 4/10/2009 To 5/1/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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