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2021 Florida Statutes (Including 2021B Session)

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 502 MILK, MILK PRODUCTS, AND FROZEN DESSERTS Entire Chapter
SECTION 231
Penalty and injunction.
F.S. 502.231
502.231 Penalty and injunction.—
(1) The department may enter an order imposing one or more of the following penalties against any person who violates any provision of this chapter:
(a) Issuance of a warning letter that relates to the class of the violation.
(b) Imposition of an administrative fine:
1. In the Class II category pursuant to s. 570.971 for each violation in the case of a frozen dessert licensee;
2. Ten percent of the license fee or $100, whichever is greater, for failure to report the information described in s. 502.053(3)(d); or
3. In the Class I category pursuant to s. 570.971 for each occurrence for any other violation.

When imposing a fine under this paragraph, the department must consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, the benefit to the violator, whether the violation was committed willfully, and the violator’s compliance record.

(c) Revocation or suspension of any permit issued by the department under this chapter.
(2) A person who violates any of the provisions of this chapter commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) The circuit courts of this state may enjoin a violation on complaint of the department. The injunction shall issue without bond.
(4) Milk and milk product producers and handlers are subject to s. 500.172 and this section.
History.—s. 1, ch. 67-555; ss. 14, 35, ch. 69-106; s. 460, ch. 71-136; s. 20, ch. 92-180; ss. 2, 5, ch. 93-68; s. 15, ch. 94-92; s. 27, ch. 2011-206; s. 45, ch. 2014-150.