Florida Statutes 569.005 – Operating without a retail tobacco products dealer permit; penalty
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(1) It is unlawful for a person, firm, association, or corporation to deal, at retail, in tobacco products, in any manner, or to allow a tobacco products vending machine to be located on its premises, without having a retail tobacco products dealer permit as required by s. 569.003. A person who violates this section is guilty of a noncriminal violation, punishable by a fine of not more than $500.
(2) Any person who violates this section shall be cited for such infraction and shall be cited to appear before the county court. The citation may indicate the time, date, and location of the scheduled hearing and must indicate that the penalty for a noncriminal violation is a fine of not more than $500.
(3) A person cited for an infraction under this section may:
(a) Post a $500 bond; or
Terms Used In Florida Statutes 569.005
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dealer: is synonymous with the term "retail tobacco products dealer. See Florida Statutes 569.002
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Permit: is synonymous with the term "retail tobacco products dealer permit. See Florida Statutes 569.002
- 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
- Tobacco products: includes loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing. See Florida Statutes 569.002
(b) Sign and accept the citation indicating a promise to appear.
(4)(a) A person cited with violating this section may:
1. Pay the $500 fine, either by mail or in person, within 10 days after receiving the citation; or
2. If that person has posted a bond, forfeit the bond by not appearing at the scheduled hearing.
(b) If the person cited pays the $500 fine or forfeits the bond, that person is deemed to have admitted violating this section and to have waived the right to a hearing on the issue of commission of the violation. Such admission may not be used as evidence in any other proceeding.
(5) The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven beyond a reasonable doubt, the court may impose a civil penalty in an amount that may not exceed $500.
(6) If a person is found by the court to have committed the infraction, that person may appeal that finding to the circuit court.