§ 2-3-9. Enforcement.

(a)

The sheriff and his or her deputies are hereby designated as code enforcement officers for purposes of enforcing the provisions of this chapter 2-3. All municipal police and code enforcement officers are also so designated, providing their governing bodies consent to such designation by resolution or otherwise. All law enforcement officers of the State of Florida, including but not limited to the FDLE, Highway Patrol, and Bureau of Alcohol, Tobacco and Firearms are also so designated providing their respective agencies consent to such designation.

(b)

Any act or omission prohibited by the provisions of F.S. § 322.212 (false identification) or F.S. § 562.11 (service to person under twenty-one (21), false identification to obtain service), as may from time to time be amended or renumbered, may be prosecuted under the enforcement provisions of those statutes.

(c)

Violations of this chapter 2-3 may be processed under the procedures set forth in F.S. § 162.21, except that, due to the serious inherent threat to the public health, safety and welfare created by any delay in enforcement, any officer designated a code enforcement officer under this section may immediately issue a notice to appear or citation to any person or entity violating this chapter without a waiting period.

(d)

The fine structure for violation of section 2-3-4 shall be as follows:

(1)

A first offense by persons under the age of twenty-one (21): One hundred dollars ($100.00), and second and subsequent offenses: five hundred dollars ($500.00);

(2)

An offense by an employee or agent of a stand alone bar or nightclub: Five hundred dollars ($500.00);

(3)

An offense by a stand alone bar or nightclub shall result in a five hundred dollar ($500.00) fine and, in addition, the municipal occupational license of such establishment, if one is possessed, may be suspended or revoked as provided by the relevant municipal ordinance;

(4)

In addition to the foregoing and unless otherwise prohibited by law, restitution may be awarded to the state agency, county, sheriff, and/or municipality for the actual costs associated with enforcement and investigation of a proven violation.

(e)

The code enforcement officer shall confiscate any fake identification offered by any person in an attempt to gain entry into a bar or nightclub, and may direct any person under the age of twenty-one (21) found on the premises of such establishment to leave.

(f)

Pursuant to F.S. § 162.30, and as an alternative to a code enforcement action, violators of any provision of this chapter 2-3 shall be subject to a civil action wherein all manner of civil relief, including injunctive relief, may be sought.

(g)

Notwithstanding any of the foregoing, as an alternative to civil enforcement, and pursuant to F.S. §§ 162.21(8) and 162.22, violators of any provision of this chapter 2-3 shall be subject to the issuance of a summons and notice to appear and/or arrest, as provided in F.S. Ch. 901, and upon conviction may be sentenced to pay the fine specified in this section, or if none is specified, a fine not to exceed five hundred dollars ($500.00), a definite term of imprisonment not to exceed sixty (60) days in the County jail, and the restitution of applicable costs and defender fees as authorized by F.S. § 162.30.

(Ord. No. 06-42, § 8, 5-23-06)