499.069  Punishment for violations of s. 499.005; dissemination of false advertisement.--

(1)  Any person who violates any of the provisions of s. 499.005 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 guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 or as otherwise provided in ss. 499.001-499.081, except that any person who violates subsection (8), subsection (10), subsection (15), subsection (16), or subsection (17) of s. 499.005 is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, or as otherwise provided in ss. 499.001-499.081.

(2)  A person is not subject to the penalties of subsection (1) for having violated any of the provisions of s. 499.005 if he or she establishes a guaranty or undertaking, which guaranty or undertaking is signed by and contains the name and address of the person residing in the state, or the manufacturer, from whom he or she received the article in good faith, to the effect that such article is not adulterated or misbranded within the meaning of ss. 499.001-499.081, citing such sections.

(3)  A publisher, radio broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, wholesaler, or seller of the article to which a false advertisement relates, is not liable under this section by reason of the dissemination by him or her of such false advertisement, unless he or she has refused, on the request of the department, to furnish to the department the name and post office address of the manufacturer, wholesaler, seller, or advertising agency that asked him or her to disseminate such advertisement.