1. (1) The department may enter an order imposing one or more of the following penalties against any person who violates any provision of this chapter or rule adopted under this chapter or impedes, obstructs, or hinders the department in the performance of its duties in connection with the provisions of this chapter:

   1. (a) Issuance of a warning letter or notice.

   2. (b) Imposition of an administrative fine of:

      1. Up to $1,000 for a first violation;

      2. Up to $2,500 for a second violation within 2 years after the first violation; or

      3. Up to $5,000 for a third violation within 2 years after the first violation. When imposing any fine under this section, the department shall consider the degree and extent of potential harm caused by the violation, the amount of money by which the violator benefited from noncompliance, whether the violation was committed willfully, and the compliance record of the violator. All fines, monetary penalties, and costs received by the department shall be deposited in the General Inspection Trust Fund for the purpose of administering the provisions of this chapter.

2. (2) Any person who willfully and knowingly violates any provision of this chapter or rule adopted by the department pursuant to this chapter commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Upon a subsequent conviction, a person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

3. (3) No person shall:

   1. (a) Use, or have in possession for use, in commerce any weight or measure not approved or corrected as provided in s. 531.41(12).
   2. (b) Use or dispose of any rejected or condemned weight or measure without specific authorization from the rejecting authority.
   3. (c) Remove any mark of rejection from a rejected weight or measure without specific authorization from the rejecting authority.

History.--ss. 1, 1A, ch. 72-101; s. 731, ch. 97-103; s. 28, ch. 97-220.