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Florida Statute 499.06 - Full Text and Legal Analysis
Florida Statute 499.06 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 499
FLORIDA DRUG AND COSMETIC ACT
View Entire Chapter
F.S. 499.06
499.06 Embargoing, detaining, or destroying article or processing equipment which is in violation of law or rule.
(1) When a duly authorized agent of the department finds, or has probable cause to believe, that any drug, device, or cosmetic is in violation of any provision of this part or any rule adopted under this part so as to be dangerous, unwholesome, or fraudulent within the meaning of this part, she or he may issue and enforce a stop-sale, stop-use, removal, or hold order, which order gives notice that such article or processing equipment is, or is suspected of being, in violation and has been detained or embargoed, and which order warns all persons not to remove, use, or dispose of such article or processing equipment by sale or otherwise until permission for removal, use, or disposal is given by such agent or the court. It is unlawful for any person to remove, use, or dispose of such detained or embargoed article or processing equipment by sale or otherwise without such permission; and such act is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) When an article or processing equipment detained or embargoed under subsection (1) has been found by such agent to be in violation of law or rule, she or he shall, within 90 days after the issuance of such notice, petition the circuit court, in the jurisdiction of which the article or processing equipment is detained or embargoed, for an order for condemnation of such article or processing equipment. When such agent has found that an article or processing equipment so detained or embargoed is not in violation, she or he shall rescind the stop-sale, stop-use, removal, or hold order.
(3) If the court finds that the detained or embargoed article or processing equipment is in violation, such article or processing equipment shall, after entry of the court order, be destroyed or made sanitary at the expense of the claimant thereof, under the supervision of such agent; and all court costs, fees, and storage and other proper expenses shall be taxed against the claimant of such article or processing equipment or her or his agent. However, when the violation can be corrected by proper labeling of the article or sanitizing of the processing equipment, and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that such article be so labeled or processed or such processing equipment be so sanitized, has been executed, the court may by order direct that such article or processing equipment be delivered to the claimant thereof for such labeling, processing, or sanitizing, under the supervision of an agent of the department. The expense of such supervision shall be paid by the claimant. Such bond shall be returned to the claimant of the article or processing equipment upon representation to the court by the department that the article or processing equipment is no longer in violation of this part and that the expenses of such supervision have been paid.
(4) When the department or any of its authorized agents finds in any room, building, vehicle of transportation, or other structure any perishable articles that are unsound or contain any filthy, decomposed, or putrid substances, or which may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the department, or its authorized agent, shall forthwith condemn or destroy such articles or in any other manner render such articles unsalable.
History.s. 34, ch. 82-225; s. 1, ch. 83-265; ss. 41, 52, ch. 92-69; s. 592, ch. 97-103; s. 32, ch. 2008-207.

F.S. 499.06 on Google Scholar

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Amendments to 499.06


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 499.06
Level: Degree
Misdemeanor/Felony: First/Second/Third

S499.06 - HEALTH-SAFETY - USE DISPOSE DETAINED DRUG DEVICE COSMET EQUIP - F: S

Cases Citing Statute 499.06

Total Results: 3

Bio-Med Plus v. STATE, DEPT. OF HEALTH

915 So. 2d 669, 2005 Fla. App. LEXIS 16640, 2005 WL 2662549

District Court of Appeal of Florida | Filed: Oct 20, 2005 | Docket: 1311013

Cited 6 times | Published

distributed by parties not authorized to do so under section 499.006(10),[2] the ESO contains no factual allegations

Joel De La Osa v. State

158 So. 3d 712, 2015 Fla. App. LEXIS 2279, 2015 WL 669563

District Court of Appeal of Florida | Filed: Feb 18, 2015 | Docket: 2634848

Published

enterprise, the Florida Legislature amended section 499.006, Florida Statutes, to define an “adulterated

State v. Rodriguez

71 So. 3d 154, 2011 Fla. App. LEXIS 14534, 2011 WL 4056138

District Court of Appeal of Florida | Filed: Sep 14, 2011 | Docket: 60302908

Published

distribution of the drug....” (emphasis added). Section 499.006, Florida Statutes (2003), provides, in relevant