NEW Florida LAW & Regulations for Tattoo Artists & Body Piercing

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Tattoo artists medical waste disposal regulations - 381.00771-00719

The statute is NOW in effect January 01, 2012

READ THE RULES REGULATIONS, & STATUTES BELOW

THE STATUTE INSTRUCTS THE FDOH TO CONSULT WITH REPRESENTATIVES OF THE TATTOOING INDUSTRY (PERMANENT MAKEUP) IN FLORIDA DURING THE DEVELOPMENT OF REGULATIONS. THE STATUTE WAS SPONSORED BY STATE REP. MARY BRANDENBURG, D-WEST PALM BEACH. THE FLORIDA MEDICAL ASSOCIATION, THE FLORIDA SOCIETY OF DERMATOLOGY AND DERMATOLOGIC SURGERY, THE FLORIDA PROFESSIONAL TATTOO ARTISTS GUILD, FLORIDA BLOOD SERVICES, THE FLORIDA ASSOCIATION OF BEAUTY PROFESSIONALS, AND THE FLORIDA PROFESSIONAL TATTOO ARTISTS GUILD SUPPORTED THE LEGISLATION.

 

THE NEW REGULATIONS REQUIRE TATTOO ARTISTS AND TATTOO STUDIOS (PERMANENT MAKEUP IS CONSIDERED TO BE TATTOOING) TO BE LICENSED BY THE FLORIDA DEPARTMENT OF HEALTH, WHICH WILL PROVIDE CLASSES CONCERNING BLOOD-BORNE PATHOGENS THAT MUST BE COMPLETED TO OBTAIN OR RENEW A LICENSE. ALL TATTOOING MUST BE DONE IN A FACILITY LICENSED FOR TATTOO ARTISTRY BY THE FLORIDA DEPARTMENT OF HEALTH (FDOH). THE NEW LAW REQUIRES ALSO THAT NO INDIVIDUAL UNDER THE AGE OF 16 BE TATTOOED, EXCEPT FOR MEDICAL REASONS BY A DOCTOR OR DENTIST. THE PROPOSAL ALSO CALLS FOR ANY INDIVIDUAL UNDER THE AGE OF 18 RECEIVING A TATTOO TO BE ACCOMPANIED BY THEIR PERMANENT ADULT GUARDIAN. TATTOOING A MINOR OLDER THAN 16 YEARS OF AGE, BUT YOUNGER THAN 18 YEARS OF AGE
MAY NOT BE PERFORMED UNLESS:

The statute provides grounds for discipline, administrative and criminal penalties, licensure fees, and rulemaking authority to the FDOH to implement the tattoo artist and tattoo establishment regulation and repeals the requirement for "general supervision' of tattoo establishments and tattoo artists by a physician or dentist. A person seeking licensure as a tattoo artist must apply to the FDOH in the format prescribed by the FDOH. A tattoo artist application must include the name and residence address of the applicant and the name and street address of each tattoo establishment and temporary establishment at which the applicant intends to practice tattooing in Florida. The DOH shall issue a license to an applicant who: The statute:
1. instructs the FDOH to approve one or more education courses and examinations so that applicants can meet the license application requirements. The courses and examinations may be available in person or through an Internet website. 2. requires tattoo artists to notify the DOH within 30 days after any change in the name and residence address of the tattoo artist or the name and street address of each tattoo establishment at which the tattoo artist practiced tattooing for more than 14 days from the most recent application for licensure issuance or renewal. 3. empowers the FDOH to issue a tattoo establishment license to an applicant if the applicant submits a completed application, pays the applicable license fee, and the establishment complies with all applicable local building. Occupational, zoning, and health codes. The statute requires temporary establishments to meet the same requirements for licensure as a permanent tattoo establishment. 4. empowers the FDOH to inspect and investigate each tattoo establishment and temporary establishment as necessary to ensure compliance with ss.
381.00771-381.00791, F.S. 5. requires the FDOH to inspect each tattoo establishment at least annually and must inspect each temporary establishment before, and as necessary during a convention or similar event with which the establishment is connected.
A license is valid only for the location listed in the license. A tattoo establishment must notify the FDOH before any change of the licensed location. A tattoo establishment with more than one location is required to obtain a separate license for each location. A tattoo establishment license is valid for I year and must be renewed annually. A temporary establishment license is valid for the duration of the event for which the license is issued, not to exceed 14 consecutive days. Neither is transferable. A person seeking registration as a guest tattoo (permanent makeup) artist must apply to the FDOH in the format prescribed by the FDOH, hold an active license, registration, or certification issued by a jurisdiction outside of Florida if the education and examination requirements of the license, registration, or certificate substantially meet or exceed the requirements of this statute; or the applicant submits proof of successful completion of an education course approved by the FDOH and proof of passage of an examination approved by the FDOH. A tattoo artist license is valid for I year and must be renewed annually. A guest tattoo artist registration is valid for 14 days, and a guest tattoo artist may reregister before or after expiration of his or her current registration. A tattoo artist license or guest tattoo registration issued by the DOH is not transferable.
In addition to the expenses incurred to pay licensure fees, persons who perform tattooing or who own establishments where tattooing is performed may incur costs associated with compliance with the regulations specified in the statute. The FDOH will incur costs due to training and examination approval, rule promulgation, development, and presentation of training for county health departments who will inspect the establishments. County health departments will incur costs associated with processing applications, issuing licenses, and conducting inspections, re-inspections, and enforcement. 10D-104.006. 
464E-16.007 Treatment. 
(1) Biomedical waste shall be treated by 
steam, incineration, or an alternative process 
approved by the department as described in section 
64E-16.007(4), F.A.C., prior to disposal.  Treatment 
shall occur within 30 days of collection from the 
generator. 
(2) Steam treatment units shall subject 
loads of biomedical waste to sufficient temperature, 
pressure, and time to demonstrate a minimum Log 4 
kill of Bacillus stearothermophilus spores placed at 
the center of the waste load, and shall be operated in 
accordance with the following: 
(a) Before placing a steam treatment 
unit into service, operating parameters such as 
temperature, pressure, and treatment time shall be 
determined according to the following: 
1. Test loads of biomedical waste which 
consist of the maximum weight and density of 
biomedical waste to be treated shall be prepared.  
Separate loads of red bags, sharps containers, 
boxes, and compacted waste shall be  prepared if 
they are to be treated separately. 
2. Prior to treatment, Bacilius 
stearothermophilus spores shall be placed at the 
bottom and top of each treatment container, at the 
front of each treatment container at a depth of 
approximately one-half of the distance between the 
top and bottom of the load, in the approximate center 
of each treatment container, and in the rear of each 
treatment container at a depth of approximately onehalf of the distance between the top and bottom of 
the load. 
3. If the operating parameters used 
during the treatment of the test loads demonstrate a 
minimum Log 4 kill of Bacillus stearothermophilus
spores at all locations, the steam treatment unit shall 
operate under those parameters when placed into 
service.  If the operating parameters fail to provide a 
minimum Log 4 kill of Bacillus stearothermophilus
spores at all locations, treatment time, temperature, 
or pressure shall be increased and the tests must be 
repeated until a minimum Log 4 kill of Bacillus 
stearothermophilus spores is demonstrated at all 
locations.  The steam treatment unit shall be 
operated under those parameters when placed into 
service.  Tests shall be repeated and new 
parameters established if the type of biomedical 
waste to be treated is changed. 
(b) When operating parameters have 
been established and documented using the criteria 
in paragraph 64E-16.007(2)(a), F.A.C., the steam 
treatment unit may be placed into service. 
(c)   The steam treatment unit shall be 
serviced for preventive maintenance in accordance 
with the manufacturer's specifications.  Records of 
maintenance shall be onsite and available for review. 
(d) Unless a steam treatment unit is 
equipped to continuously monitor and record 
temperature and pressure during the entire length of 
each treatment cycle, each package of biomedical 
waste to be treated will have a temperature tape or 
equivalent test material such as a chemical indicator 
placed on a non-heat conducting probe at the center 
of each treatment container in the load that will 
indicate if the treatment temperature and pressure 
have been reached.  Waste shall not be considered 
treated if the tape or equivalent indicator fails to show 
that a temperature of at least 250 degrees F (121 
degrees C) was reached during the process. 
(e) Each steam treatment unit shall be 
evaluated for effectiveness with spores of Bacillus 
stearothermophilus at least once each 7 days for 
permitted treatment facilities, or once each 40 hours 
of operation for generators who treat their own 
biomedical waste.  The spores shall be placed at the 
center of the waste load.  Evaluation results shall be 
maintained onsite and available for review. 
(f) A written log shall be maintained for 
each steam treatment unit.  The following shall be 
recorded for each usage: 
1. The date, time, and operator name; 
2. The type and approximate amount of 
waste treated; 
3. The post-treatment confirmation 
results by either 
a. recording the temperature, pressure, 
and length of time the waste was treated, or 
b. the temperature and pressure 
monitoring indicator; 
(g) A current written operating procedure 
shall specify, at a minimum, the following: 
1. Parameters, determined from testing, 
that provide consistent treatment, such as exposure 
time, temperature, and pressure. 
2. Identification of standard treatment 
containers and placement of the load in the steam 
treatment unit. 
(3) Incineration of biomedical waste 
shall be achieved in a biological waste incinerator 
permitted by the Department of Environmental 
Protection. 
(4) An alternative treatment process, 
such as chemical, gas, dry heat, or microwave 
shredding, shall be considered by the department 
upon receipt of a written request.  The written request 
shall be directed to the State Health Officer and shall 
include: 
(a) The specific treatment process and 
type of facility for which acceptance is sought; 
(b) The reason for the request; 
(c) Microbiological evidence, using the 
organisms listed in Table 1, that the proposed 
process provides sterilization or a satisfactory level of 
disinfection.  Using the protocol described in section 
64E-16.007(4), F.A.C., alternative treatment systems 
must show either:  
1. For disinfection, a minimum Log 6 kill 
5for the vegetative organisms listed in Table 1 and a 
minimum Log 4 kill against Bacillus 
Stearothermophilus spores utilizing steam or a 
minimum Log 4 kill against Bacillus Subtilis spores 
utilizing dry heat, chemicals, or microwave shredding, 
or  
2. For sterilization, a minimum Log 6 kill 
against Bacillus Stearothermophilus spores utilizing 
steam or a minumum Log 6 kill against Bacillus 
Subtilis spores utilizing dry heat, chemicals, or 
microwave shredding. 
Table 1 
1.  Bacteria 
a.  Bacillus spores -   
mandatory, species   
determined by treatment  
process 
Any two 
b.  Enterococcus faecalis  
c.  Pseudomonas aeruginosa  
d.  Staphylococcus aureus  
e.  Nocardia species 
2.  Mycobacteria species - any one 
a.  Mycobacterium bovis  
b.  Mycobacterium fortuitum 
3.  Fungus - any one 
a.  Candida albicans 
b.  Aspergillus fumigatus 
4.  Protozoa - Giardia intestinalis or    
similar 
5.  Virus - Poliovirus or similar 
(d) Each step of the efficacy testing 
must be thoroughly described in the application for 
approval.  A detailed description of the treatment 
process, preparation of organisms, preparation of 
test loads, recovery of organisms, and raw data must 
be provided. 
(e) To begin the efficacy testing, two 
challenge loads must be sterilized.  These loads 
must be composed of materials commonly found in 
biomedical waste (tissues, sharps, plastics, glass, 
woven materials, blood and blood products, etc.), 
and must be of adequate quantity to equal the 
maximum capacity of the treatment system.  The test 
load must be fully described (weight, moisture 
content, composition, etc.). 
(f) The purity of all organisms and 
spores must be certified by a clinical or commercial 
laboratory.  Each organism must be processed 
separately and placed in the test load in the most 
difficult location to treat.  Before each test run, the 
total number of viable test organisms must be 
determined and documented.  Treatment of the test 
load must take place within thirty minutes of 
inoculating the load with the test organism. 
(g) The test load containing the test 
organism must be processed without the agent (e.g. 
chemical, microwaves, etc.) used to kill the test 
organisms.  If this agent is a liquid, it must be 
replaced with an equal amount of sterile saline 
solution or tapwater.  After the test load has 
completed one cycle in the treatment device, a 
minimum of three grab samples must be taken from 
the test load and the number of test organisms 
present determined.  If the number of organisms 
recovered after the test run is less than Log 6, the 
number of organisms originally introduced into the 
device must be increased, and the run must be 
performed again, until at least Log 6 organisms are 
recovered.  If the number of organisms recovered 
from the test run is Log 6 or greater, there is an 
adequate number of organisms being introduced into 
the device, and the inoculum size should be equal to 
this number. 
(h) Using the inoculum size determined 
in the above procedure, the second sterilized test 
load must be inoculated separately.  During these 
test runs, the chemical or physical agent used to treat 
the waste must be used. 
(i) After each test run is completed, the 
log kill for that particular organism or spore must be 
calculated.  The number of organisms that were not 
recovered from the initial (non-treating) test run must 
be subtracted from the number of organisms that 
were introduced into the second (treatment) run.  The 
number of organisms that survive the treatment 
process must be subtracted from the first calculation.  
The resulting figure is the log kill provided by the 
treatment process. 
(J)  Approved alternative treatment 
processes, except single-use, shall meet the 
requirements of subsection 64E-16.007(2)(e). 
(5) Biomedical waste may be disposed 
into a sanitary sewer system, an onsite sewage 
treatment and disposal system, or other system 
approved to receive such wastes by the Department 
of Environmental Protection or the department, if it is 
in a liquid or semi-solid form and aerosol formation is 
minimal. 
(6) Body tissues that have been 
histologically fixed are considered treated biomedical 
waste.  Tissues prepared by frozen sectioning only 
are not considered treated. 
(7) Acute care hospitals, licensed under 
Chapter 395, F.S., which utilize a certified onsite 
treatment process involving grinding and treatment, 
may dispose of such treated biomedical waste in the 
normal municipal solid waste stream upon notifying 
the local government responsible for solid waste 
collection and disposal under the following 
conditions: 
(a) For the purposes of this chapter, 
certified shall mean that the treatment process is a 
steam treatment, or has been approved as an 
alternative biomedical waste treatment process under 
section 64E-16.007(4), F.A.C. 
(b) For the purposes of this chapter, 
grinding shall also mean shredding or hammermilling. 
(c) If grinding takes place prior to 
6treatment, procedures that minimize the chance of 
exposure to waste handlers must be developed and 
implemented should the grinder fail or become 
jammed. 
(d) Individuals operating the treatment 
unit must be trained in all aspects of its operation, 
including contingency procedures. 
(e) Acute care hospitals must inform the 
department in writing of the installation of the unit at 
least 30 days prior to placing the unit into service. 
(f) Inspection of the unit, including 
treatment and maintenance records, will occur during 
the annual inspection for the hospital's biomedical 
waste permit. 
Specific Authority 381.006, 381.0098 FS. Law 
Implemented 381.006, 381.0098, 395.002(13), 
395.1011 FS. History-New 6-19-89, Amended 4-2-
90, 12-14-92, 1-23-94, 8-20-95, 6-3-97, Formerly 
10D-104.007. 
64E-16.008 Biomedical Waste Transport 
(1) No registered transporter may 
knowingly accept biomedical waste for transport 
unless it has been properly segregated, packaged, 
and labeled. 
(2) Each registered transporter shall 
provide the generator with a receipt of pick-up. 
(3) During transport, no registered 
transporter shall compact biomedical waste or allow it 
to leak into the environment. 
(4) Transfer of biomedical waste from 
one transport vehicle to another is not allowed unless 
the transfer occurs at a permitted storage or 
treatment facility, except as provided in paragraph 
64E-16.008(10)(a), F.A.C.  Intermodal transfers of 
biomedical waste are allowed provided transport 
shipping seals remain intact. 
(5) Any registered transporter who 
unknowingly fails to comply with subsections (3) or 
(4) of this section because such biomedical waste 
has not been properly segregated or separated from 
other solid wastes by the generating facility is not 
guilty of a violation under this rule. 
(6) No registered transporter shall 
knowingly deliver biomedical waste for storage or 
treatment to a facility which does not have a valid 
permit issued by the department. 
(7) All transport vehicles containing 
biomedical waste shall be visibly identified with the 
business name, registration number, a 24 hour 
telephone number, and placards showing the phrase 
and the international biological hazard symbol as 
described in paragraph 64E-16.004(2)(a).  The 
symbol shall be at least six inches in diameter. 
(8) All transport vehicles containing 
biomedical waste shall be fully enclosed and secured 
when unattended. 
(9) Registered transporters shall notify 
the department within one working day by telephone 
and shall submit a follow-up report to the department 
within 10 days, in writing, if there is an accident that 
results in a spill of biomedical waste. 
(10) In case of an emergency situation, 
including mechanical failure, the following is allowed: 
(a) If the emergency occurs during 
transport, biomedical waste may be transferred to 
another transport vehicle, including a rental vehicle, 
without being at a storage or treatment facility. 
(b) If a rental vehicle is used, the 
department shall be notified of its use on the first 
working day after the emergency.  A copy of the 
written authorization from the rental agency stating 
awareness of the intended use of the vehicle shall be 
submitted to the department within seven days. 
(c) Biomedical waste shall be removed 
and transported to a permitted storage or treatment 
facility within 24 hours of the emergency. 
(d) Before return to the rental agency, 
the vehicle shall be decontaminated. 
Specific Authority:  381.0098 F.S. Law Implemented 
381.0098 FS. History-New, 6-3-97, Formerly 10D-
104.0073. 
64E-16.009 Registration of Biomedical Waste 
Transporters. 
(1) Biomedical waste transporters shall 
be registered with the department.  Biomedical waste 
generators transporting less than 25 pounds of their 
own biomedical waste, in their own transport vehicle, 
on any single occasion, are exempt from transporter 
registration, fee, and placarding requirements of this 
chapter. 
(2) Each owner or operator of a 
transport vehicle shall submit to the department a 
completed application for registration on form DH 
4106, herein incorporated by reference. 
(3) Biomedical waste transporter 
registrations shall expire on September 30 each year.  
Renewal applications will not be considered complete 
without the submission of an annual report on form 
DH 4109, herein incorporated by reference.  
Biomedical waste transporters with valid 
registrations, on the effective date of this chapter, 
shall renew their registration by September 30 
following the expiration date of their existing 
registration. 
(4) Registered transporters shall notify 
the department in writing within 30 days of any 
changes made to their registration form currently on 
file with the department. 
(5) Any registered biomedical waste 
transporter is subject to having their biomedical 
waste transporter registration denied, suspended, or 
revoked, pursuant to Section 381.0098, F.S., and in 
accordance with the procedural requirements of 
Section 120.60, F.S., upon a finding by the 
department that the transporter: 
(a) Has submitted false or inaccurate 
7information in the application or annual report; 
(b) Has violated the provisions of any 
statute or rule which the department is authorized to 
enforce; 
(c) Has refused to allow inspection of 
records or equipment by department personnel. 
Specific Authority 381.0098 FS. Law Implemented 
381.0098 FS. History-New, 6-3-97, Formerly 10D-
104.013. 
64E-16.010 Inspections. 
(1) Department personnel shall inspect 
registered transport vehicles, permitted generators, 
storage, and treatment facilities at least once a year.  
Those facilities exempted from the registration and 
fee requirements under subsection 381.0098(4), shall 
be inspected at least once every three years.  
Reinspections may be conducted when a facility is 
found to be in non-compliance with this chapter.  
Results of each inspection shall be recorded on a 
form provided by the department. 
(2) To provide consistency of 
inspections throughout the state, all department 
personnel who inspect biomedical waste facilities 
shall attend training annually, which shall be 
approved by the Bureau of Environmental Health 
Programs. 
Specific Authority 381.006, 381.0098 FS. Law 
Implemented 381.006, 381.0098 FS. History-New 12-
14-92, Amended 1-23-94, 8-20-95, 6-3-97, Formerly 
10D-104.0075. 
64E-16.011 Permits 
(1) All biomedical waste facilities, except 
those facilities operating under a Department of 
Environmental Protection permit, shall obtain a 
permit from the department annually.  Application 
forms and annual report forms used by the public 
may be obtained from the environmental health 
section of the county health department in the county 
of their location or from the Department of Health, 
Bureau of Facility Programs, 4052 Bald Cypress 
Way, Bin A08, Tallahassee, Florida 32399-1710.  All 
forms listed in this section are incorporated by 
reference. 
(a) A biomedical waste generator, who 
produces or treats less than 25 pounds of biomedical 
waste in each 30 day period, shall be exempt from all 
permit and fee requirements of this chapter. 
(b) Application for an initial biomedical 
waste generator permit or exemption from permitting 
shall be submitted to the department on form DH 
4089, Application for Biomedical Waste Generator 
Permit/Exemption, 8/98.  Biomedical waste treatment 
facilities which were constructed prior to December 
31, 1995, or for which an operation permit was 
submitted to the Department of Environmental 
Protection prior to December 31, 1995, shall meet 
the requirements of this chapter at the time of 
renewal of their existing permit. 
(c) Application for an initial biomedical 
waste storage facility permit shall be submitted to the 
department on form DH 4107, Application for 
Biomedical Waste Storage Permit, 8/98. 
(d)  Application for an initial biomedical 
waste treatment facility permit shall be submitted to 
the department on form DH 4111, Application for a 
Biomedical Waste Treatment Permit, 8/01.  
Renewals will not be considered complete without 
the submission of an annual report submitted on form 
DH 4110, Biomedical Waste Treatment Facility 
Annual Report, 8/01. 
(e)  Application for an initial biomedical 
waste sharps collection program permit shall be 
submitted to the department on form DH 4108, 
Application for Biomedical Waste Sharps Collection 
Program Permit, 8/98. 
(f) Permits shall not be transferable 
from one person to another.  In the event of an 
address or name change, an amended application for 
permit shall be submitted to the department.  A 
permitted generator may work at a branch office for 
no more than six hours in any seven day period 
without applying for an additional permit.  These 
generators must notify the local county health 
department biomedical waste coordinator of the 
existence and operating hours of the branch office. 
1. In the event of a change of 
ownership of the facility or a newly constructed 
facility, an application for an initial permit shall be 
submitted to the department within 30 days of the 
commencement of business. 
2. When a facility is leased by the 
owner to a second party for operation, the second 
party shall apply to the department for an initial 
permit within 30 days of the commencement of 
business.  The second party shall be held 
responsible for the operation and maintenance of the 
facility. 
(g) Permits shall expire on September 
30 each year.  The permit, or a copy thereof, shall be 
maintained within the facility and shall be made 
available for review by department personnel. 
(2) Persons engaged in a sharps 
collection program with single or multiple facility 
locations may operate under a single permit 
provided: 
(a) The sharps collection program is 
open to the general public; 
(b) A list identifying the location of each 
facility is attached to the application; and 
(c) Each facility meets the applicable 
permit requirements. 
Specific Authority 381.006, 381.0098 FS. Law 
Implemented 381.006, 381.0098, FS. History-New 
12-14-92, Amended 1-23-94, 6-3-97, Formerly 10D-
104.0076, Amended 11-5-02. 
864E-16.012 Fees 
(1) State-owned and operated 
biomedical waste facilities are exempt from the 
permit fee. 
(2) Fee schedule. 
Generator Permit:  
(application received  
by October 1)           $85.00 
(application received  
after October 1)           $105.00 
Treatment Permit: 
(application received  
by October 1)           $85.00 
(application received  
after October 1)           $105.00 
Storage Permit: 
(application received  
by October 1)             $85.00 
(application received  
after October 1)           $105.00 
Transporter Registration (one vehicle): 
(application received  
by October 1)           $85.00 
(application received  
after October 1)           $105.00 
Additional Vehicle       $10.00 
No fee or combination of fees shall exceed the 
maximum amount established by the statute. 
(3) All fees collected pursuant to this 
section shall be placed in a specially designated 
account within the individual county health 
department trust fund to be used to meet the cost of 
administering the biomedical waste program 
described in this chapter. 
Specific Authority:  381.006, 381.0098(4) FS. Law 
Implemented 381.006, 381.0098 FS. History-New 12-
14-92, Amended 1-23-94, 6-3-97, Formerly 10D-
104.0078, Amended 1-12-09. 
64E-16.013 Enforcement and Penalties. 
(1) According to section 381.0025, F.S., 
any person who generates, transfers, treats, stores, 
transports or disposes of biomedical waste in 
violation of this chapter; or who interferes with, 
hinders, or opposes any employee of the department 
in the discharge of his duties, or who impersonates 
an employee of the department, is chargeable with a 
misdemeanor of the second degree, punishable as 
provided in sections 775.082 and 775.083, F.S. 
(2) For violation of any provision of 
Chapter 64E-16, F.A.C., the department shall deny, 
suspend or revoke any biomedical waste permit or 
impose an administrative fine of up to $2500 per day 
for each violation of this chapter or pursue other 
enforcement action authorized by law.  In 
determining the type and degree of enforcement 
action necessary, the department shall take into 
consideration the following: 
(a) The gravity of the violation, including 
the probability that death or serious physical harm to 
any person may 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. 
Specific Authority 381.0061, 381.0098(5) FS. Law 
Implemented 381.0012, 381.0025, 381.006, 
381.0061, 381.0098, 395.002(13), 395.1011, 
775.082, 775.083 FS. History-New 6-19-89, 
Amended 12-14-92, 1-23-94, 6-3-97, Formerly 10