Section 69A-62.034 - Notice of Violation(1)(a) If the division determines that a firefighter employer is not in compliance with the Act or a division rule or order, the division shall issue to the firefighter employer a Notice of Violation on Form DFS-K4-1566, revised July, 2004, which the division hereby adopts and incorporates herein, and which may be obtained by writing to the division at 11655 Northwest Gainesville Road, Ocala, Florida 34482-1486.(b) The Notice of Violation shall specify the section of the statute, the rule violated, or the division order and set forth particular facts that support the division's allegation of a violation, and set an abatement date not to exceed thirty days from the date of receipt of the Notice of Violation.(c) The Notice of Violation is not final agency action; rather, it is a notice provided as a courtesy to the firefighter employer to give notice of matters the division considers to be in violation of the applicable statutes, rules, codes, standards, or other applicable requirement.(d) If a notice assessing a penalty, as provided for in rule 69A-62.036, F.A.C., is given to the firefighter employer, such action constitutes final agency action and is subject to chapter 120, F.S.(2) The division shall serve a Notice of Violation on the senior firefighter employer official at the workplace where the violation occurred, or on a firefighter employer contact or representative, and shall mail or otherwise deliver a copy to the official headquarters mailing address of record. The division shall serve a Notice of Violation personally, via United States mail, or otherwise as provided by law.(3) Each Firefighter Employer shall bring into compliance any violation identified in the Notice of Violation on or before its abatement date. The division shall grant an extension of the original abatement date upon written request by the firefighter employer if anyone of the following criteria occurs:(a) The Firefighter Employer experiences an incident or occurrence beyond the control of the firefighter employer, such as in the event of an identified hazard; or(b) The Firefighter Employer provides proof of a forthcoming delivery of necessary contracted services or materials; or(c) The Firefighter Employer takes remedial action to remove firefighter employees from the hazard.(4) A firefighter employer shall file the firefighter employer's copy of the Notice of Violation with the division, indicating the action taken by the firefighter employer to bring the noticed violation into compliance, the date action was taken, and the firefighter employer's signature certifying abatement. Filing under this subsection means receipt by the division within ten days after the abatement date.(5) If the division determines that the firefighter employer abated the noticed violation on or before the abatement date, the division shall dismiss the notice. If the firefighter employer fails to correct the violation on or before the abatement date, the division shall assess against the firefighter employer a civil penalty commensurate with section 633.526, F.S., unless otherwise provided by division rule.(6) The firefighter employer who receives a Notice of Violation may request the division to withdraw the Notice of Violation. The request must be in writing and received by the division on or before the abatement date. The division shall withdraw a Notice of Violation for good cause, as expressed in subsection (3), shown by the firefighter employer.(7) If the division finds no violation during an investigation on-site, the division will so indicate on a Notice of Violation if requested by the firefighter employer.(8)(a) Each firefighter employee of a firefighter employer covered under the Act shall comply with: 1. Rules adopted or orders issued by the division;2. Reasonable workplace safety and health standards; and,3. Rules, policies, procedures, and work practices established by the firefighter employer or the workplace safety committee.(b) A firefighter employee who knowingly fails to comply with this subsection may be disciplined or discharged by the firefighter employer.Fla. Admin. Code Ann. R. 69A-62.034
Rulemaking Authority 633.508 FS. Law Implemented 633.508 FS.