Florida Statute 499.75 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 499
FLORIDA DRUG AND COSMETIC ACT

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F.S. 499.75

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.

F.S. 499.75 on Google Scholar

F.S. 499.75 on Casetext

Amendments to 499.75

Arrestable Offenses / Crimes under Fla. Stat. 499.75

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

S499.75 1 - DRUGS-HEALTH OR SAFETY - MANUFACTURE ETHER WO VALID LIC - F: S

S499.75 2 - DRUGS-HEALTH OR SAFETY - PURCHASE ETHER WITHOUT VALID PERMIT - F: T

S499.75 3 - FRAUD - PRESENT FALSE APPLICATION DRUG COSMETIC LIC - M: F

S499.75 4 - DRUGS-HEALTH OR SAFETY - POSSESS ETHER WITHOUT VALID PERMIT OR LICENSE - F: T

S499.75 5 - DRUGS-HEALTH OR SAFETY - SELL ETHER TO NON LICENSED PERSON - F: T

S499.75 6 - FRAUD-FALSE STATEMENT - FALSE ENTRY ON ETHER SALES TICKET - M: F

S499.75 7 - PUBLIC ORDER CRIMES - FAIL TO MAINTAIN REQUIRED WRITTEN INVENTORY - M: F

S499.75 8 - PUBLIC ORDER CRIMES - FAIL TO MAINTAIN REQUIRED WRITTEN RECORDS - M: F

S499.75 9 - PUBLIC ORDER CRIMES - FAIL TO REPORT SHORTAGE OR THEFT OF ETHER - M: F

S499.75 10 - HEALTH-SAFETY - POSS ETHER NEAR RESIDENTIAL HOUSING STRUCTURE - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 499.75

Total Results: 4

Hernandez v. Frontiero

Court: District Court of Appeal of Florida | Date Filed: 2011-11-09

Citation: 73 So. 3d 875, 2011 Fla. App. LEXIS 17788, 2011 WL 5375071

Snippet: order which allows the father to satisfy the $18,499.75 arrearage by paying only $20.00 per month. The

In Re Estate of Ryecheck

Court: District Court of Appeal of Florida | Date Filed: 1975-12-02

Citation: 323 So. 2d 51

Snippet: Appellants, v. ESTATE of Leona Migon, Appellee. Nos. 75-499, 75-531. District Court of Appeal of Florida, Third

Davis v. Strople

Court: Supreme Court of Florida | Date Filed: 1949-03-11

Citation: 39 So. 2d 468, 1949 Fla. LEXIS 1296

Snippet: v. Powe, 283 U.S. 401, 403-404, 51 S.Ct. 498, 499, 75 L.Ed. 1142. "The district court also referred to

United Gas Pipe Line Co. v. Lee

Court: Supreme Court of Florida | Date Filed: 1944-03-07

Citation: 17 So. 2d 553, 154 Fla. 235, 154 A.L.R. 617, 1944 Fla. LEXIS 671

Snippet: Co. v. Tax Commission, 283 U.S. 465, 51 S.Ct. 499, 75 L.Ed. 1171; 7 Enc. U.S. Sup. Ct. Reports 298; Tres