Florida Statute 812.175 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

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F.S. 812.175

812.175 Enforcement; civil fine.—

(1) The violation of any provision of this act by any owner or principal operator of a convenience business shall result in a notice of violation from the Division of Alcoholic Beverages and Tobacco. Violators shall have 30 days after receipt of the notice to provide proof of compliance to the Division of Alcoholic Beverages and Tobacco. If the violation continues after the 30-day period, the Division of Alcoholic Beverages and Tobacco may impose a civil fine not to exceed $5,000. The Division of Alcoholic Beverages and Tobacco has the authority to investigate any alleged violation and may compromise any alleged violation by accepting from the owner or principal operator an amount not to exceed $5,000. The Division of Alcoholic Beverages and Tobacco may suspend the imposition of any fine conditioned upon terms the Division of Alcoholic Beverages and Tobacco in its discretion deems appropriate. Notices of violation and civil fines are subject to chapter 120.

(2) Moneys received by the Division of Alcoholic Beverages and Tobacco pursuant to this act must be deposited in the General Revenue Fund.

(3) The Division of Alcoholic Beverages and Tobacco is given full power and authority to petition for an injunction when it is determined that the health, safety, and public welfare is threatened by continued operation of a convenience business in violation of this act. In any action for injunction, the Division of Alcoholic Beverages and Tobacco may seek a civil penalty not to exceed $5,000 per violation, plus attorney’s fees and costs.

(4) The Division of Alcoholic Beverages and Tobacco may enter into agreements with local governments to assist in the enforcement of ss. 812.1701-812.175. Such agreements may include provision for reimbursement of investigative and enforcement costs incurred by such local governments.

History.—s. 7, ch. 90-346; s. 7, ch. 92-103; s. 2, ch. 94-265; s. 23, ch. 2021-131.

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Amendments to 812.175

Arrestable Offenses / Crimes under Fla. Stat. 812.175

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 812.175.

Annotations, Discussions, Cases:

Cases Citing Statute 812.175

Total Results: 8

Ventimiglia v. TGI FRIDAYS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2007-12-19

Citation: 980 So. 2d 1087, 2007 WL 4404434

Snippet: are of no relevance. Mallory v. Edgar, 128 Fla. 812, 175 So. 863 (1937); Secada v. Weinstein, 563 So.2d

Ago

Court: Florida Attorney General Reports | Date Filed: 1993-03-10

Snippet: 813.174, F.S. (1992 Supp.). Sections 812.1701-812.175, F.S. (1992 Supp.), constitute the Convenience

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-10-17

Snippet: injury. The act has been codified in ss. 812.171-812.175, F.S. (1990 Supp.), and provides in part that:

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-03-12

Snippet: Convenience Store Security Act, sections812.171-812.175, Florida Statutes. (1990 Supplement), prohibit

Buchanan v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-02-12

Citation: 575 So. 2d 704, 1991 WL 15559

Snippet: showing its genuineness. Mallory v. Edgar, 128 Fla. 812, 175 So. 863 (1937). In the instant case, the state

Division of Corrections v. Wynn

Court: District Court of Appeal of Florida | Date Filed: 1983-09-19

Citation: 438 So. 2d 446

Snippet: clearly erroneous. Mallory v. Edgar, 128 Fla. 812, 175 So. 863 (1937); Wright & Ford Millworks, Inc.

Wright & Ford Millworks, Inc. v. Long

Court: District Court of Appeal of Florida | Date Filed: 1982-03-24

Citation: 412 So. 2d 892

Snippet: falling on his foot. In Mallory v. Edgar, 128 Fla. 812, 175 So. 863 (1937), the Florida Supreme Court held

Matthews v. St. Petersburg Auto Auction, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1966-08-31

Citation: 190 So. 2d 215, 1966 Fla. App. LEXIS 4889

Snippet: Another was Mallory v. Edgar, 1937, 128 Fla. 812, 175 So. 863, in which plaintiff’s judgment was reversed