Florida Statutes 502.231 – Penalty and injunction
Current as of: 2024 | Check for updates
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(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:
For details, see Fla. Stat. § 775.082(4)(b)
(a) Issuance of a warning letter that relates to the class of the violation.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the second degree | up to 60 days | up to $500 |
Terms Used In Florida Statutes 502.231
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 502.012
- Frozen dessert: means a specific standardized frozen dessert described in Florida Statutes 502.012
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, goats, sheep, water buffalo, or other hooved mammals. See Florida Statutes 502.012
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(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; or
2. 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.