442.123  Civil penalty for, and judicial restraint of, violation of act.--

(1)  Any employer who fails to comply with the provisions of ss. 442.101-442.127 is liable for a civil penalty not to exceed $1,000 per violation in addition to any other damages for which the employer may be liable pursuant to any other provision of law. This civil penalty shall be assessed by the secretary in accordance with the provisions of chapter 120.

(2)  The department may bring an action in the circuit court in the county where the employer's workplace is situated against any person or persons alleged to have violated the provisions of ss. 442.101-442.127. In any such action, the circuit court shall have the jurisdiction to restrain violations of ss. 442.101-442.127.

(3)  An employer shall not be considered to be in violation of ss. 442.101-442.127 when injury or death occurs as the result of contact with or exposure to a substance which a reasonably prudent adult would or should recognize to be hazardous as a matter of common knowledge.