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21 . The terms and conditions set forth in this Consent Order may be enforced in a court <br /> of competent jurisdiction pursuant to Sections 120 . 69 and 403 . 121 , Florida Statutes . Failure to <br /> comply with the terms of this Consent Order shall constitute a violation of Section 403 . 161 ( 1 )(b) , <br /> Florida Statutes . <br /> 22 . The Department, for and in consideration of the complete and timely performance by <br /> Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek <br /> judicial imposition of damages or civil penalties for alleged violations through the date of the filing <br /> of this Consent Order as addressed in this Consent Order. <br /> 23 . Respondent is fully aware that a violation of the terms of this Consent Order may <br /> subject Respondent to judicial imposition of damages, civil penalties up to $ 10 ,000 . 00 per day per <br /> violation, and criminal penalties . <br /> 24 . Entry of this Consent Order does not relieve Respondent of the need to comply with <br /> applicable federal , state or local laws , regulations or ordinances . <br /> 25 . No modifications of the terms of this Consent Order shall be effective until reduced <br /> to writing and executed by both Respondent and the Department. <br /> 26 . Respondent acknowledges and waives its right to an administrative hearing pursuant <br /> to Sections 120 . 569 and 120 . 57 , Florida Statutes , on the terms of this Consent Order. Respondent <br /> acknowledges its right to appeal the terms of this Consent Order pursuant to Section 120 . 68 , Florida <br /> Statutes , and waives that right upon signing this Consent Order. <br /> 27 , This Consent Order is a final order of the Department pursuant to Section 120 . 52 ( 7) , <br /> Florida Statutes , and it is final and effective on the date filed with the Clerk of the Department <br /> unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida <br /> Statutes . Upon the timely filing of a petition this Consent Order will not be effective until further <br /> order of the Department. <br /> 16 of 17 OGC File No . 0 & 1661 <br />