Florida Statutes 526.55 – Violation and penalties
Current as of: 2023 | Check for updates
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(1) It is unlawful:
(a) To sell any brake fluid that is adulterated or misbranded, not registered, or on which a permit has not been issued.
Terms Used In Florida Statutes 526.55
- Brake fluid: means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways. See Florida Statutes 526.50
- Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 526.50
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Registrant: means any manufacturer, packer, distributor, seller, or other person who has registered a brake fluid with the department. See Florida Statutes 526.50
- Sell: includes give, distribute, barter, exchange, trade, keep for sale, offer for sale or expose for sale, in any of their variant forms. See Florida Statutes 526.50
(b) For anyone to remove any stop-sale order placed on a product by the department, or any product upon which a stop-sale order has been placed.
(2) If the department finds that a person has violated or is operating in violation of ss. 526.50–526.56 or the rules or orders adopted thereunder, the department may, by order:
(a) Issue a notice of noncompliance pursuant to s. 120.695;
(b) Impose an administrative fine in the Class II category pursuant to s. 570.971 for each violation;
(c) Direct that the person cease and desist specified activities;
(d) Revoke or suspend a registration, or refuse to register a product; or
(e) Place the registrant on probation for a period of time, subject to conditions as the department may specify.
(3) The administrative proceedings seeking entry of an order imposing any of the penalties specified in subsection (2) are governed by chapter 120.
(4) If a registrant is found to be in violation of ss. 526.50–526.56 and fails to pay a fine within 30 days after imposition of the fine, the department may suspend all registrations issued to the registrant by the department until the fine is paid.
(5) All fines collected by the department under this section shall be deposited into the General Inspection Trust Fund.