Florida Statute 210.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 210
TAX ON TOBACCO PRODUCTS

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F.S. 210.12

210.12 Seizures; forfeiture proceedings.—

(1) The state, acting by and through the division, may seize, confiscate, and forfeit any cigarettes upon which taxes payable hereunder may be unpaid or which are otherwise held in violation of the requirements of this chapter, and also any vending machine or receptacle in which cigarettes upon which taxes have not been paid are held for sale, or any vending machine that does not have affixed thereto the identification sticker required by s. 210.07, or that does not display at all times at least one package of each brand of cigarettes located therein so the same is clearly visible and arranged in such a manner that the cigarette tax stamp affixed thereto is clearly visible. Such seizure may be made by the division, its duly authorized representative, any sheriff or deputy sheriff, or any police officer.

(2) All fixtures, equipment, and other materials and personal property on the premises of any dealer, retail dealer, or distributing agent who, with intent to defraud the state, fails to keep or make any record, return, report, or inventory required by this part; keeps or makes any false or fraudulent record, return, report, or inventory required by this part; refuses to pay any tax imposed by this part; or attempts in any manner to evade or defeat the requirements of this part shall be forfeited to the state as provided by the Florida Contraband Forfeiture Act.

(3) All cigarettes seized, confiscated, and forfeited to the state under this part shall be destroyed.

(4) The procedure for seizure, the listing, appraisal, advertisement and sale of the property seized, the bond of any claimant, the court proceedings, if any, including the parties, personal service of citation, and other personal services, the services by publication, judicial sale, and all other proceedings for the confiscation and forfeiture of the property for the nonpayment of the taxes shall be regulated, conducted, governed and controlled in the manner provided by chapter 562, relating to the seizure, confiscation and forfeiture of property under the Beverage Law which is incorporated herein by reference except to the extent that such sections may conflict or be inconsistent herewith.

(5) From the proceeds of any sale hereunder the division shall collect the tax on the property, together with a penalty of 50 percent thereof and the costs incurred in such proceedings; the balance, if any, shall be payable by the division to the person in whose possession the said property was found or as the court may direct.

(6) The distribution by the division of the proceeds of the sale from any cigarettes or other property that may be forfeited and confiscated hereunder shall, after the payment of expenses of such forfeiture, be governed by the provisions of this part.

(7) No sale shall be made hereunder to any person except a licensed wholesale or retail dealer authorized to engage in the sale of cigarettes under the laws of Florida. All sales shall be made to the highest and best bidder for cash. The division shall provide for the payment of any taxes payable upon any cigarettes sold hereunder before the same are delivered to any purchaser.

(8) The state attorney for the judicial circuit in which such property was seized shall act as the attorney for the division in such confiscation and forfeiture proceedings.

History.—s. 9, ch. 21946, 1943; s. 10, ch. 22645, 1945; s. 1, ch. 26320, 1949; s. 5, ch. 57-169; ss. 16, 35, ch. 69-106; s. 10, ch. 79-11; s. 9, ch. 87-86; s. 7, ch. 2005-228; s. 5, ch. 2012-208.

F.S. 210.12 on Google Scholar

F.S. 210.12 on Casetext

Amendments to 210.12

Arrestable Offenses / Crimes under Fla. Stat. 210.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 210.12.

Annotations, Discussions, Cases:

Cases Citing Statute 210.12

Total Results: 8

HINES ELEC. v. McClure

Court: District Court of Appeal of Florida | Date Filed: 1993-03-25

Citation: 616 So. 2d 132, 1993 WL 84529

Snippet: accordance with Florida Rule of Appellate Procedure 9.210.[12] The answer brief (and reply brief) will also need

Southeast Bank, N.A. v. Waites Cabinet Corp.

Court: District Court of Appeal of Florida | Date Filed: 1990-03-14

Citation: 558 So. 2d 159, 11 U.C.C. Rep. Serv. 2d (West) 167, 1990 Fla. App. LEXIS 1740, 1990 WL 26696

Snippet: in 12 Code of Federal *161Regulations, Section 210.12.1 Appellee contends the trial court properly found

State ex rel. State Attorney for the Twelfth Judicial Circuit v. General Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 1984-03-23

Citation: 448 So. 2d 1074, 1984 Fla. App. LEXIS 12361

Snippet: 0915(3), Fla.Stat. (1981). See also §§ 116.-32; 210.12; 372.316; 523.14; 849.12; 932.704, Fla.Stat. (1981)

STATE BY & THRO. STATE ATTY. v. Gen. Dev. Corp.

Court: District Court of Appeal of Florida | Date Filed: 1984-03-23

Citation: 448 So. 2d 1074

Snippet: 0915(3), Fla. Stat. (1981). See also §§ 116.32; 210.12; 372.316; 523.14; 849.12; 932.704, Fla. Stat. (1981)

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-02-27

Snippet: collected by the division pursuant to ss.210.02(6), 210.12(3), 210.14, and 210.18(4)(a), F. S.; and all collections

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-02-23

Snippet: includable within ss. 5 through 10. Section 210.12(1), F. S., states: 210.12 Seizures; forfeiture proceedings.

Williams v. Keyes

Court: Supreme Court of Florida | Date Filed: 1938-12-14

Citation: 186 So. 250, 135 Fla. 769, 1938 Fla. LEXIS 1626

Snippet: Ed. 225; Missouri, ex rel., v. Harris,144 U.S. 210, 12 Sup. Ct. 838, 36 L. Ed. 407. In order to give the

Presley v. State

Court: Supreme Court of Florida | Date Filed: 1912-01-15

Citation: 63 Fla. 37

Snippet: Rep. 267; Jenkins v. State, 31 Fla. 196, text 210, 12 South. Rep. 677. A witness was asked 'how the defendant