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Florida Statutes, Title XXXIII

Florida/Statutes

← All Florida coverage

Title XXXIII, Regulation of Trade, Commerce, Investments, and Solicitations

48 chapters · 1,668 sections in this title.

All chapters in Title XXXIII1,668 Ch 501, Consumer Protection163 Ch 497, Funeral, Cemetery, and Consumer Services131 Ch 559, Regulation of Trade, Commerce, and I…119 Ch 553, Building Construction Standards111 Ch 499, Florida Drug and Cosmetic Act82 Ch 520, Retail Installment Sales80 Ch 509, Lodging and Food Service Establishme…75 Ch 550, Pari-mutuel Wagering74 Ch 560, Money Services Businesses67 Ch 494, Loan Originators and Mortgage Brokers50 Ch 548, Pugilistic Exhibitions49 Ch 517, Securities Transactions45 Ch 500, Food Products39 Ch 526, Sale of Liquid Fuels; Brake Fluid39

1,668 sections·Filtered byTitle XXXIII✕

Fla. Stat. § 499.78 County and municipal ordinances
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Nothing contained in this part shall affect any existing ordinance, rule, or regulation pertaining to ether in any county or municipality in this state, which ordinance, rule, or regulation is more restrictive than the provisions of this part and the rules adopted pursuant theret…
Fla. Stat. § 499.79 Deposit of fees
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All fees collected for licenses and permits required by this part shall be deposited in the Professional Regulation Trust Fund, and all moneys collected under this part and deposited in the trust fund shall be used by the department in the administration of this part. The Departm…
Fla. Stat. § 499.81 Administration and enforcement
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(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 pa…
Fla. Stat. § 499.82 Definitions
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As used in this part, the term:(1) “Adulterated” means a medical gas that:(a) Consists, in whole or in part, of impurities or deleterious substances exceeding normal specifications;(b) Is produced, prepared, packed, or held under conditions whereby the medical gas may have been c…

Showing 301–350 of 1,668

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Fla. Stat. § 499.83 Permits

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(1) A person or entity that intends to distribute medical gas within or into this state, unless exempted under this part, must obtain the applicable permit before operating as:(a) A medical gas wholesale distributor;(b) A medical gas manufacturer; or(c) A medical oxygen retail es…

Fla. Stat. § 499.831 Permit application

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(1) The department shall adopt rules to establish the form and content of the application to obtain a permit and to renew a permit listed under this part.(2) An applicant must be at least 18 years of age or be managed, controlled, or overseen, directly or indirectly, by a natural…

Fla. Stat. § 499.832 Expiration and renewal of a permit

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(1) A permit issued under this part automatically expires 2 years after the last day of the month in which the permit was originally issued.(2) A permit issued under this part may be renewed by submitting an application for renewal on a form furnished by the department and paying…

Fla. Stat. § 499.833 Permitholder changes

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(1) A permit issued under this part is valid only for the person or entity to which it is issued and is not subject to sale, assignment, or other transfer, voluntarily or involuntarily.(2) A permit issued under this part is not valid for an establishment other than the establishm…

Fla. Stat. § 499.834 Minimum qualifications

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The department shall consider all of the following factors in determining eligibility for, and renewal of, a permit for a person or entity under this part:(1) A finding by the department that the applicant has violated or been disciplined by a regulatory agency in any state for v…

Fla. Stat. § 499.84 Minimum requirements for the storage and handling of medical gases

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(1) A facility where a medical gas is received, stored, warehoused, handled, held, offered, marketed, displayed, or transported, to avoid any negative effect on the identity, strength, quality, or purity of the medical gas, must:(a) Be of suitable construction to ensure that medi…

Fla. Stat. § 499.85 Security

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(1) A permitholder that has a facility used for the distribution or retailing of medical gases shall protect such gases from unauthorized access by implementing all of the following security measures:(a) Keeping access from outside the premises well controlled and to a minimum.(b…

Fla. Stat. § 499.86 Examination of materials

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(1) A wholesale distributor must visually examine a medical gas container upon receipt from the manufacturer in order to identify the medical gas stored within and to determine if the container has been damaged or is otherwise unfit for distribution. Such examination must occur i…

Fla. Stat. § 499.87 Returned, damaged, and outdated medical gas

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(1) A medical gas that has left the control of the wholesale distributor may be returned to the wholesale distributor or manufacturer from which it was acquired, but may not be resold as a medical gas unless it is reprocessed by a manufacturer using proper and adequate controls t…

Fla. Stat. § 499.88 Due diligence

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(1) A wholesale distributor shall obtain, before the initial acquisition of medical gas, the following information from the supplying wholesale distributor or manufacturer:(a) If a manufacturer is distributing to a wholesale distributor, evidence that the manufacturer is register…

Fla. Stat. § 499.89 Recordkeeping

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(1) A permitholder under this part shall establish and maintain a record of transactions regarding the receipt and the distribution, or other disposition, of medical gases, as applicable. Such records constitute an audit trail and must contain information sufficient to perform a …

Fla. Stat. § 499.90 Policies and procedures

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A wholesale distributor shall establish, maintain, and adhere to written policies and procedures for the receipt, security, storage, transport, shipping, and distribution of medical gases and shall establish, maintain, and adhere to procedures for maintaining inventories; for ide…

Fla. Stat. § 499.91 Prohibited acts

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A person may not perform or cause the performance of, or aid and abet in, any of the following acts:(1) The manufacture, sale, or delivery, or the holding or offering for sale, of a medical gas that is adulterated, misbranded, or is otherwise unfit for distribution.(2) The adulte…

Fla. Stat. § 499.92 Criminal acts

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(1) A person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she:(a) Adulterates or misbrands a medical gas with intent to defraud or deceive;(b) Knowingly purchases or receives a medical gas from a person not legall…

Fla. Stat. § 499.93 Inspections

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(1) The department may require a facility that engages in the manufacture, retail sale, or wholesale distribution of medical gas to undergo an inspection in accordance with a schedule to be determined by the department, including inspections for initial permitting, permit renewal…

Fla. Stat. § 499.94 Fees

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A fee collected for a permit under this part shall be deposited into the Professional Regulation Trust Fund. Moneys collected under this part shall be used for administering this part. The department shall maintain a separate account in the trust fund for the Drugs, Devices, and …

Fla. Stat. § 500.01 Florida Food Safety Act; short title

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This chapter may be cited as the “Florida Food Safety Act.”History.—ss. 1, 26, ch. 19656, 1939; CGL 1940 Supp. 4151(664); s. 2, ch. 82-225; s. 1, ch. 87-388; s. 2, ch. 94-180.

Fla. Stat. § 500.02 Purpose of chapter

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This chapter is intended to:(1) Safeguard the public health and promote the public welfare by protecting the consuming public from injury by product use and the purchasing public from injury by merchandising deceit, flowing from intrastate commerce in food;(2) Provide legislation…

Fla. Stat. § 500.03 Definitions; construction; applicability

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(1) For the purpose of this chapter, the term:(a) “Advertisement” means any representation disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of food.(b) “Approved lab…

Fla. Stat. § 500.032 Declaration of policy and cooperation among departments

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(1) The department shall administer and enforce this chapter in order to prevent fraud, harm, adulteration, misbranding, or false advertising in the preparation, manufacture, storage, or sale of articles of food. The department shall further enforce the provisions of this chapter…

Fla. Stat. § 500.033 Florida Food Safety and Food Defense Advisory Council

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(1) There is created the Florida Food Safety and Food Defense Advisory Council for the purpose of serving as a forum for presenting, investigating, and evaluating issues of current importance to the assurance of a safe and secure food supply to the citizens of Florida. The Florid…

Fla. Stat. § 500.04 Prohibited acts

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The following acts and the causing thereof within the state are prohibited:(1) The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded.(2) The adulteration or misbranding of any food.(3) The receipt in commerce of any food tha…

Fla. Stat. § 500.09 Rulemaking; analytical work

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(1) When in the judgment of the department such action will promote safety, honesty, and fair dealing in the interest of consumers, the department shall adopt rules for:(a) Providing food safety information, or requiring that food safety information be provided, to notify consume…

Fla. Stat. § 500.10 Food deemed adulterated

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A food is deemed to be adulterated:(1)(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of…

Fla. Stat. § 500.11 Food deemed misbranded

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(1) A food is deemed to be misbranded:(a) If its labeling is false or misleading in any particular; however, corn meal shall not be considered misbranded because of its being labeled “Water Ground,” where such corn meal so labeled has been ground on rocks having a diameter of not…

Fla. Stat. § 500.115 Advertisement of food deemed false

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An advertisement of a food is deemed to be false if it is false or misleading in any particular.History.—s. 19, ch. 19656, 1939; CGL 1940 Supp. 4151(682); ss. 19, 35, ch. 69-106; s. 424, ch. 77-147; s. 13, ch. 82-225.Note.—Former s. 500.19.

Fla. Stat. § 500.12 Food permits; building permits

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(1)(a) A food permit from the department is required of any person or business that operates a food establishment, except:1. Persons or businesses operating minor food outlets that sell food that is commercially prepackaged, not potentially hazardous, not age restricted, and not …

Fla. Stat. § 500.121 Disciplinary procedures

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(1) In addition to the suspension procedures provided in s. 500.12, if applicable, the department may impose an administrative fine in the Class II category pursuant to s. 570.971 against any food establishment or cottage food operation that violates this chapter, which fine, whe…

Fla. Stat. § 500.13 Addition of poisonous or deleterious substance to food

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(1) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive, shall, with respect to any particular use or intended use, be deemed unsafe for the purpose of application of s. 500.10(1)(b) …

Fla. Stat. § 500.147 Inspection of food establishments, food records, and vehicles

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(1) The department or its duly authorized agent shall have free access at all reasonable hours to any food establishment, any food records, or any vehicle being used to transport or hold food in commerce for the purpose of inspecting such establishment, records, or vehicle to det…

Fla. Stat. § 500.148 Reports and dissemination of information; confidentiality

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(1)(a) Information that is deemed confidential under 21 C.F.R. s. 20.61, s. 20.62, or s. 20.88, or 5 U.S.C. s. 552(b), and that is provided to the department during a joint investigation concerning food safety or food-borne illness, as a requirement for conducting a federal-state…

Fla. Stat. § 500.149 Employment of help; expenses and salaries

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The department may employ all help necessary to carry out and enforce the provisions of this chapter relating to foods and may designate any employee of the department to perform any duties necessary to carry out such provisions. All expenses and salaries shall be paid out of the…

Fla. Stat. § 500.165 Transporting shipments of food items; rules; penalty

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(1) It is unlawful for a carrier to transport food items in a vehicle or rail car that has been or is being used to transport solid waste, hazardous substances, hazardous wastes, biohazardous wastes, or any substance that may pose a threat to human health.(2) The department may b…

Fla. Stat. § 500.166 Records of interstate shipment

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For the purpose of enforcing this chapter, carriers engaged in interstate commerce and persons receiving food in interstate commerce shall retain all records for 3 years from the date of the record showing the movement in interstate commerce of any food, and the quantity, shipper…

Fla. Stat. § 500.167 Carriers in interstate commerce; exception

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Carriers engaged in interstate commerce are exempt from the provisions of this chapter, except ss. 500.165 and 500.166.History.—s. 12, ch. 59-302; s. 23, ch. 82-225; s. 15, ch. 87-388; s. 16, ch. 92-180.Note.—Former s. 500.40.

Fla. Stat. § 500.169 Enforcement of federal act

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The department may exercise the enforcement powers granted by, and subject to the limitations of, 21 U.S.C. s. 337(b).History.—s. 16, ch. 94-180.

Fla. Stat. § 500.171 Injunction to restrain violation

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In addition to the remedies provided in this chapter and notwithstanding the existence of any adequate remedy at law, the department may bring an action to enjoin the violation or threatened violation of any provision of this chapter, or rule adopted under this chapter, in the ci…

Fla. Stat. § 500.172 Embargoing, detaining, destroying of food, food processing equipment, or areas that are in violation

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(1) When the department, or its duly authorized agent who has received appropriate education and training regarding the legal requirements of this chapter, finds or has probable cause to believe that any food, food processing equipment, food processing area, or food storage area …

Fla. Stat. § 500.173 Causes for seizure and condemnation of foods

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Any article of food that is adulterated or misbranded under the provisions of this chapter is subject to seizure and condemnation by the department or by its duly authorized agents designated for that purpose in regard to foods.History.—s. 13, ch. 59-302; s. 3, ch. 61-456; ss. 14…

Fla. Stat. § 500.174 Seizure; procedure; prohibition on sale or disposal of article; penalty

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(1) Whenever the department or its duly authorized agent finds cause, or has probable cause to believe that a ground exists for the seizure of any food as set out in this chapter, an agent of the department shall affix to the article a tag, stamp, or other appropriate marking, gi…

Fla. Stat. § 500.175 Condemnation and sale; release of seized article

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(1) When any article detained or seized under s. 500.174 has been found by the department to be subject to seizure and condemnation under s. 500.174, the department may petition a court for an order of condemnation or sale, as the court may direct. The proceeds of the sale of foo…

Fla. Stat. § 500.177 Penalty for violation of s. 500.04; dissemination of false advertisement

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(1) Any person who violates any provision of s. 500.04 is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; but, if the violation is committed after a conviction of such person under this section has become final, such person is gui…

Fla. Stat. § 500.178 Duty of state attorney

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Each state attorney to whom the department or its designated agent reports any violation of this chapter shall cause an appropriate proceeding to be instituted in the proper court without delay and to be prosecuted in the manner required by law.History.—s. 7, ch. 19656, 1939; CGL…

Fla. Stat. § 500.179 Issuance of warnings for minor violations

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Nothing in this chapter shall be construed as requiring the department to report, for the institution of proceedings under this chapter, minor violations of this chapter when it believes that the public interest will be adequately served in the circumstances by a suitable written…

Fla. Stat. § 500.451 Horse meat; offenses

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(1) It is unlawful for any person to:(a) Sell in the markets of this state horse meat for human consumption unless the horse meat is clearly stamped, marked, and described as horse meat for human consumption.(b) Knowingly transport, distribute, sell, purchase, or possess horse me…

Fla. Stat. § 500.452 Cultivated meat; prohibition; penalties

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(1) It is unlawful for any person to manufacture for sale, sell, hold or offer for sale, or distribute cultivated meat in this state.(2) A person who knowingly violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(3)…