Florida Statutes

Fla. Stat. § 499.75 (2025)

Penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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499.75 Penalties.—

(1) Any person who knowingly manufactures, distributes, or deals in ether without possessing a valid current license as required by s. 499.62(2) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person who knowingly purchases 2.5 gallons, or equivalent by weight, or more of ether without possessing a valid current permit as required by s. 499.62(4) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any person who knowingly withholds information or presents to the department any false, fictitious, or misrepresented application, identification, document, information, statement, or data intended or likely to deceive the department for the purpose of obtaining a license or permit as prohibited by s. 499.64(4) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4) Any person who knowingly possesses 2.5 gallons, or equivalent by weight, or more of ether and is not the holder of a valid current license or permit as prohibited by s. 499.65(1) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Any person who knowingly sells or otherwise transfers 2.5 gallons, or equivalent by weight, or more of ether to any person who is not the holder of a valid current license or permit as prohibited by s. 499.66(1) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Any person who knowingly withholds information or makes any false or fictitious entry or misrepresentation upon any invoice, receipt, sales ticket, sales slip, or account of inventories as prohibited by s. 499.66(5) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(7) Any licensee who knowingly fails to maintain written accounts of inventories or records of sales or transfers as required by s. 499.66(3) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(8) Any permittee who knowingly fails to maintain written inventories and records as required by s. 499.67 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(9) Any licensee or permittee who fails to report the loss, unexplained shortage, or theft of ether as required by s. 499.68(2) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(10) Any person who knowingly possesses 2.5 gallons, or equivalent by weight, or more of ether in, or within 500 feet of, any residential housing structure as prohibited by s. 499.69(1) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—ss. 10, 11, ch. 86-133; s. 121, ch. 91-224; s. 4, ch. 91-429.

Arrestable Offenses under F.S. 499.75

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§499.75(1)DRUGS-HEALTH OR SAFETYMANUFACTURE ETHER W/O VALID LICF · 2nd

§499.75(2)DRUGS-HEALTH OR SAFETYPURCHASE ETHER WITHOUT VALID PERMITF · 3rd

§499.75(3)FRAUDPRESENT FALSE APPLICATION DRUG COSMETIC LICM · 1st

§499.75(4)DRUGS-HEALTH OR SAFETYPOSSESS ETHER WITHOUT VALID PERMIT OR LICENSEF · 3rd

§499.75(5)DRUGS-HEALTH OR SAFETYSELL ETHER TO NON LICENSED PERSONF · 3rd

§499.75(6)FRAUD-FALSE STATEMENTFALSE ENTRY ON ETHER SALES TICKETM · 1st

§499.75(7)PUBLIC ORDER CRIMESFAIL TO MAINTAIN REQUIRED WRITTEN INVENTORYM · 1st

§499.75(8)PUBLIC ORDER CRIMESFAIL TO MAINTAIN REQUIRED WRITTEN RECORDSM · 1st

§499.75(9)PUBLIC ORDER CRIMESFAIL TO REPORT SHORTAGE OR THEFT OF ETHERM · 1st

§499.75(10)HEALTH-SAFETYPOSS ETHER NEAR RESIDENTIAL HOUSING STRUCTUREF · 2nd