Florida Statute 499.81 | 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. 499.81

499.81 Administration and enforcement.—

(1) This part is cumulative and shall be construed and applied as being in addition to and not in substitution for or limiting any powers, duties, or authority of the department under any other law of this state; except that, with respect to the regulation of medical gas, this part controls over any conflicting provisions.

(2) The department shall administer and enforce this part to prevent fraud, adulteration, misbranding, or false advertising in the manufacture and distribution of medical gases.

(3) For the purpose of an investigation or proceeding conducted by the department under this part, the department may administer oaths, take depositions, subpoena witnesses, and compel the production of books, papers, documents, or other records. Challenges to, and enforcement of, subpoenas and orders shall be handled as provided in s. 120.569.

(4) Each state attorney, county attorney, or municipal attorney to whom the department or its designated agent reports a violation of this part shall cause appropriate proceedings to be instituted in the proper courts without delay and prosecuted as required by law.

(5) This part does not require the department to report, for the purpose of instituting proceedings under this part, minor violations of this part when the department believes that the public interest will be adequately served by a written notice or warning.

History.—s. 13, ch. 2014-89.

F.S. 499.81 on Google Scholar

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Amendments to 499.81

Arrestable Offenses / Crimes under Fla. Stat. 499.81

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 499.81.

Annotations, Discussions, Cases:

Cases Citing Statute 499.81

Total Results: 3

State v. Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-14T00:00:00-07:00

Citation: 71 So. 3d 154

Snippet: the drug meets the requirements of ss. 499.001-499.081.... [[Image here]] (10) If it is a legend [i.e.

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

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-20T00:53:00-07:00

Citation: 915 So. 2d 669

Snippet: prescription drugs as required by ss. 499.001-499.081 and the rules adopted under those sections in violation

Ves Carpenter Contractors, Inc. v. City of Dania

Court: Fla. Dist. Ct. App. | Date Filed: 1982-11-10T00:00:00-08:00

Citation: 422 So. 2d 342

Snippet: Municipal Corporation, et al., Appellees. Nos. 81-499, 81-1089. District Court of Appeal of Florida, Fourth…Corporations § 37.93 (3d ed. 1971). 81-499, 81-1089 District Court of Appeal of Florida fladistctapp