What is a Minor Violation of a Regulatory Agency’s Rule, and How Can It Reduce Your Business Risk?

Running a business in Florida often means juggling a maze of rules and requirements from multiple regulatory agencies. Even careful business owners can find themselves accused of breaking a rule they never knew existed. The good news is that Florida law recognizes that not every misstep should carry harsh penalties. That is where the concept of minor violations comes in.

There is an old adage that every time someone drives, they could be ticketed for numerous technical violations they were not even aware they committed. In the same way, business owners know it is easy to accidentally engage in technical or inconsequential violations of the regulations that govern their operations. Fortunately, Florida law provides some leeway for these situations in the form of minor violation provisions. Knowing what minor violations are, how they are handled, and what you can do if you are charged with one will give you security and help you formulate a plan of action whether you are reviewing current practices or preparing for the future.

What Counts as a Minor Violation

Section 120.695, Florida Statutes, creates and governs the system of minor violations. The law recognizes that the purpose of regulation is to protect the public by ensuring compliance with the policies set by the Legislature. The statute specifically directs agencies to focus on compliance with rules rather than collecting fines or imposing penalties.

A minor violation is defined as a violation that:

• Does not result in economic or physical harm to a person
  
• Does not adversely affect public health, safety, or welfare
  
• Does not create a significant risk of such harm
  

Each regulatory agency must review its rules and designate which rules may qualify as minor violations. Once designated, the agency must either publish a complete list on its website or incorporate the designation directly into its disciplinary guidelines.

How Agencies Handle Minor Violations

When a person or business commits its first minor violation, the agency issues a notice of noncompliance instead of a fine or disciplinary penalty. A notice of noncompliance:

• Identifies the specific rule that was violated
  
• Provides information on how to comply with the rule
  
• Sets a reasonable time for correction
  

The notice cannot be accompanied by a fine or disciplinary action. Its purpose is corrective rather than punitive. However, if a business fails to take the corrective action outlined in the notice, it loses the protections provided by the minor violation system and becomes subject to the agency’s normal disciplinary process.

The system of minor violations is designed to address situations where it is reasonable to assume that the business was unaware of the rule or unclear on how to comply. Because of this, notices of noncompliance focus on clarification and remedy rather than punishment.

An Example in Practice

A good example of how this system works can be found in Chapter 61B-35 of the Florida Administrative Code, which governs mobile home park violations. Rule 61B-35.002 designates certain items as minor violations, such as failing to post park rules and regulations or failing to file copies of lot rental increases with the Department of Business and Professional Regulation.

Rule 61B-35.003 outlines the enforcement process. When a violation occurs, the Division of Condominiums, Timeshares, and Mobile Homes issues a warning letter. The business then has 45 days to correct, address, or dispute the violation. In addition, the business must inspect its other parks to determine whether similar issues exist and has 90 days to correct those as well. The Division can only issue a warning letter if the alleged violator has never been subject to action for the same violation. If the violation is not corrected, a civil penalty of up to $250 per violation may be assessed.

This illustrates how the system is meant to work: it gives businesses the opportunity to address issues quickly, avoid immediate fines, and improve compliance going forward.

Why This Matters for Your Business

Minor violation provisions are not limited to mobile home parks. Similar considerations exist across industries in Florida, including restaurants, contractors, healthcare providers, and other regulated businesses.

Because of this, a business charged with a regulatory violation that is not classified as a minor violation may still argue that it should be treated as one. By showing that the violation did not result in harm or pose a significant risk, the business can challenge the agency’s determination. Even if that argument is not ultimately successful, it can place the agency in the position of defending its decision, which may improve the business’s negotiating position. This often results in reduced penalties or even dismissal of the complaint.

Conclusion

Minor violations are an important part of Florida’s regulatory structure. They reflect the state’s policy that compliance, rather than punishment, is the primary purpose of regulation. For business owners, understanding how the system works can mean the difference between a costly penalty and a manageable correction.

If your business is facing administrative charges, it is worth considering whether minor violation provisions apply to your situation. The attorneys at Jimerson Birr are experienced in Florida’s regulatory environment, including the disciplinary and rulemaking processes related to minor violations, and can help you build a strategy that reduces your risk and protects your business.

Contact us at Jimerson Birr today to discuss how our team can support your business when regulatory challenges arise.