Current through Chapter 299 of the 2024 Legislative Session
Section 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.s. 7, ch. 90-346; s.7, ch. 92-103; s.2, ch. 94-265; s.23, ch. 2021-131.Amended by 2021 Fla. Laws, ch. 131, s 23, eff. 6/30/2021.