The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

CRAWFORD, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, 245 F. App'x 369 (5th Cir. 2007)

. . . Consequently, the district court did not abuse its discretion in awarding costs in the amount of $499.75 . . .

VIRGINIA ACADEMY OF CLINICAL PSYCHOLOGISTS, v. BLUE SHIELD OF VIRGINIA,, 543 F. Supp. 126 (E.D. Va. 1982)

. . . 968.75 6.0 58.0 904.75 105 94,998.75 Brownell (A&JP) 1099.6 65.0 1034.6 65-80 74,144.00 Kriegel (A) 499.75 . . .

B. CONFORD, v. UNITED STATES, 336 F.2d 285 (10th Cir. 1964)

. . . One of the checks in the amount of $499.75 was endorsed by Conford to Crail, one in the amount of $224.95 . . . was endorsed by Con-ford to George Haney, one in the amount of $499.75 was deposited by taxpayer in . . .

J. CORIGLIANO, v. CATLA CONSTRUCTION CO. M. Co. Co., 231 F. Supp. 245 (S.D.N.Y. 1964)

. . . The judgment entered in favor of Catla and against Melnick in the sum of $1,-499.75 provided that out . . .

NATIONAL FIRE INS. CO. OF HARTFORD, CONN. v. SCHOOL DIST. NO. SEQUOYAH COUNTY, OKL., 115 F.2d 232 (10th Cir. 1940)

. . . cash value of the building was in excess of $3,500, and the actual -cash value of the contents was $499.75 . . .

ALDINE TRUST CO. v. SMITH, 182 F. 449 (3d Cir. 1910)

. . . lien upon the tile, and that it must pay to the trustee, not the entire sum of $1,540, but the sum of $499.75 . . .