503.071 Penalty, injunction, and administrative fines. - Florida Statutes

503.071 Penalty, injunction, and administrative fines.

   (1) Any person, firm, or corporation that willfully violates any provision of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083, and each and every violation shall constitute a separate offense.

   (2) In addition to any penalty imposed under subsection (1), and notwithstanding whether any administrative action is pending, any such person or persons may also be enjoined by the circuit courts of this state on complaint of the department from continuing such violations, and injunction shall issue without bond.

   (3) In addition to any penalty imposed under subsection (1) or action taken under subsection (2), the department may, if it finds that one or more grounds exist for suspending or revoking a license issued under this chapter, in lieu of or in addition to the suspension or revocation, impose on the licensee a fine in an amount not to exceed $10,000 per violation.

   (4) If a person has violated this chapter by engaging in the business of manufacturing, processing, packaging, holding, or selling any frozen dessert without first obtaining the required certificate, license, or permit, the department, in addition to any other applicable remedies, may impose an administrative fine in an amount not to exceed $10,000 per violation.

   (5) A penalty imposed under this section must be commensurate with the risk of harm posed to the public by the violation.

   (6) Frozen dessert manufacturers are subject to the provisions of s. 500.172, relating to embargoing, detaining, or destroying food or food processing equipment, as well as the provisions of this section.

History. s. 2, ch. 69-398; ss. 14, 35, ch. 69-106; s. 461, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 5, 6, ch. 83-12; s. 5, ch. 91-190; ss. 5, 6, 7, ch. 93-67; s. 15, ch. 94-92; s. 23, ch. 2001-279.