The Florida Senate

499.066  Penalties; remedies.--In addition to other penalties and other enforcement provisions:

(1)  When the department believes that any person has violated ss. 499.001-499.081 or any rules adopted pursuant to those sections, it may issue and deliver an order to cease and desist from such violation.

(2)  If any person engaged in any activity covered by ss. 499.001-499.081 violates any provision of those sections, any rule adopted under those sections, or a cease and desist order as provided by those sections, the department may obtain an injunction in the circuit court of the county in which the violation occurred or in which the person resides or has its principal place of business, and may apply in that court for such temporary and permanent orders as the department considers necessary to restrain the person from engaging in any such activities until the person complies with ss. 499.001-499.081, the rules adopted under those sections, and the orders of the department authorized by those sections or to mandate compliance with ss. 499.001-499.081, the rules adopted under those sections, and any order or permit issued by the department under those sections.

(3)  The department may impose an administrative fine, not to exceed $5,000 per violation per day, for the violation of any provision of ss. 499.001-499.081 or rules adopted under those sections. Each day a violation continues constitutes a separate violation, and each separate violation is subject to a separate fine. All amounts collected pursuant to this section shall be deposited into the Florida Drug, Device, and Cosmetic Trust Fund and are appropriated for the use of the department in administering ss. 499.001-499.081. In determining the amount of the fine to be levied for a violation, the department shall consider:

(a)  The severity of the violation;

(b)  Any actions taken by the person to correct the violation or to remedy complaints; and

(c)  Any previous violations.

(4)  The department shall deposit any rewards, fines, or collections that are due the department and which derive from joint enforcement activities with other state and federal agencies which relate to ss. 499.001-499.081, chapter 893, or the federal act, into the Florida Drug, Device, and Cosmetic Trust Fund. The proceeds of those rewards, fines, and collections are appropriated for the use of the department in administering ss. 499.001-499.081.

(5)  The department may issue an emergency order immediately suspending or revoking a permit if it determines that any condition in the establishment presents a danger to the public health, safety, and welfare.

(6)  The department may issue an emergency order to immediately remove from commerce and public access any drug, device, or cosmetic, if the department determines that the drug, device, or cosmetic presents a clear and present danger to the public health, safety, and welfare.

History.--s. 34, ch. 82-225; s. 26, ch. 82-402; s. 117, ch. 83-218; s. 1, ch. 83-265; s. 7, ch. 86-133; s. 3, ch. 86-271; ss. 45, 52, ch. 92-69; ss. 4, 5, 8, ch. 94-309.