§ 222-37. Penalty for violations.  


Latest version.
  • Any person found guilty of willfully violating any of the provisions of this division or any final written order or directive of the board or a court in pursuance thereof shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $250.00 and costs of prosecution, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment in the discretion of the court. Each day upon which a willful violation of the provisions of this article occurs may be deemed a separate and additional violation.

(Laws of Fla. ch. 59-1119, § 25)

Editor's note

The specific penalty provided for in the above section is unconstitutional and unenforceable as a special act may not prescribe punishment for crime. See Fla. Const. art. III, § 11. However, as the section makes a violation a misdemeanor, such violation is punishable as a misdemeanor of the second degree. See F.S. §§ 775.08—775.083; Delmonico v. State, § 155 So.2d 368 (Fla. 1963); Lynch v. Durrance, 77 So.2d 489 (Fla. 1955); Jannett v. Windham, 109 Fla. 129, 147 So. 296 (1933); reh. denied, 109 Fla. 129, 153 So. 784, aff'd. 290 U.S. 602.