Florida Statute 569.005 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 569
TOBACCO AND NICOTINE PRODUCTS

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F.S. 569.005

569.005 Operating without a retail tobacco products dealer permit; penalty.—

(1) It is unlawful for a person, firm, association, or corporation to deal, at retail, in tobacco products, in any manner, or to allow a tobacco products vending machine to be located on its premises, without having a retail tobacco products dealer permit as required by s. 569.003. A person who violates this section is guilty of a noncriminal violation, punishable by a fine of not more than $500.

(2) Any person who violates this section shall be cited for such infraction and shall be cited to appear before the county court. The citation may indicate the time, date, and location of the scheduled hearing and must indicate that the penalty for a noncriminal violation is a fine of not more than $500.

(3) A person cited for an infraction under this section may:

(a) Post a $500 bond; or

(b) Sign and accept the citation indicating a promise to appear.

(4)(a) A person cited with violating this section may:

1. Pay the $500 fine, either by mail or in person, within 10 days after receiving the citation; or

2. If that person has posted a bond, forfeit the bond by not appearing at the scheduled hearing.

(b) If the person cited pays the $500 fine or forfeits the bond, that person is deemed to have admitted violating this section and to have waived the right to a hearing on the issue of commission of the violation. Such admission may not be used as evidence in any other proceeding.

(5) The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven beyond a reasonable doubt, the court may impose a civil penalty in an amount that may not exceed $500.

(6) If a person is found by the court to have committed the infraction, that person may appeal that finding to the circuit court.

History.—s. 5, ch. 92-285.

F.S. 569.005 on Google Scholar

F.S. 569.005 on Casetext

Amendments to 569.005

Arrestable Offenses / Crimes under Fla. Stat. 569.005

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 569.005.

Annotations, Discussions, Cases:

Cases Citing Statute 569.005

Total Results: 6

Eduartez v. Fed. Nat'l Mortg. Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2018-06-13

Citation: 251 So. 3d 227

Snippet: resulting in an adjusted surplus amount of $41,569.05. This Corrected Certificate of Disbursements contained

Eduartez v. Federal National Mortgage Assoc.

Court: District Court of Appeal of Florida | Date Filed: 2018-06-13

Snippet: resulting in an adjusted surplus amount of $41,569.05. This Corrected Certificate of Disbursements contained

Mutual of Omaha Ins. v. Gold

Court: District Court of Appeal of Florida | Date Filed: 2001-08-10

Citation: 795 So. 2d 119, 2001 Fla. App. LEXIS 11355, 2001 WL 906406

Snippet: policy beneficiary in violation of section 627.569.5 Section 627.569 provides: If a dividend, premium

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-12-29

Snippet: rational manner. See 16A C.J.S. Constitutional Law s. 569(5) and cases cited therein. In the instant case our

Shannon v. Shannon

Court: District Court of Appeal of Florida | Date Filed: 1962-01-09

Citation: 136 So. 2d 253

Snippet: Fla. 532, 102 So. 885; Darden v. Lines, 2 Fla. 569. [5] Darden v. Lines, 2 Fla. 569. [6] Blount et al

Marshall v. State ex rel. Sartain

Court: Supreme Court of Florida | Date Filed: 1924-11-21

Citation: 88 Fla. 329, 102 So. 650

Snippet: Moines, 19 Iowa 199; 19 R. C. L. 1036; 28 Cyc. 1597, 569; 5 McQuillin on Municipal Corporations, §2224; Anott