2001 Florida Code
TITLE XXXIII Regulation Of Trade, Commerce, Investments, And Solicitations
Chapter 497 Funeral And Cemetery Services  
497.129   Cease and desist order; civil penalty; enforcement.

497.129  Cease and desist order; civil penalty; enforcement.--

(1)  The department or the board has the power to issue and serve upon any person an order to cease and desist and to take corrective action whenever it has reason to believe the person is violating, has violated, or is about to violate any provision of this chapter, any rule or order of the department or the board issued under this chapter, or any written agreement between the person and the department or the board. All procedural matters relating to issuance and enforcement of such a cease and desist order are governed by the Administrative Procedure Act.

(2)  Failure to respond to a complaint within the time allowed in ss. 120.569 and 120.57 shall constitute a default and shall be grounds for the issuance of a final order to cease and desist.

(3)  The department or the board may issue an emergency cease and desist order pursuant to s. 120.569.

1(4)  For the purpose of enforcing a cease and desist order, the board or the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any provision of such order. In addition to the foregoing remedies, the board or the department may impose an administrative penalty not to exceed $5,000 per violation, pursuant to the provisions of chapter 120. If the board or the department is required to seek enforcement of the agency order for a penalty pursuant to s. 120.569, it shall be entitled to collect its attorney's fees and costs, together with any cost of collection.

(5)  In addition to or in lieu of any remedy provided in subsection (1), the board or the department may seek the imposition of a civil penalty through the circuit court for any violation for which the board or the department may issue a notice to cease and desist under subsection (1). The civil penalty shall be no less than $500 and no more than $5,000 for each violation. The court may also award to the prevailing party court costs and reasonable attorney's fees and, in the event the board or the department prevails, may also award reasonable costs of investigation.

(6)  In addition to the other remedies provided by this section, the board or the department may impose an administrative penalty not to exceed $5,000 per violation, pursuant to the provisions of chapter 120.

History.--s. 55, ch. 93-399; s. 8, ch. 96-400; s. 233, ch. 96-410; s. 53, ch. 97-98.

1Note.--As amended by s. 233, ch. 96-410. This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996, p. 2168). Subsection (4) was also amended by s. 8, ch. 96-400, and that version reads:

(4)  For the purpose of enforcing a cease and desist order, the board or the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person who violates any provision of such order. If the board or the department is required to seek enforcement of the agency order for a penalty pursuant to s. 120.69, it shall be entitled to collect its attorney's fees and costs, together with any cost of collection.