§ 20-176.53. Enforcement and penalties.

(a)

It shall be the duty and responsibility of all law enforcement officials to assist in the enforcement of this division and the code to the extent that it is within their jurisdiction to do so.

(b)

The CAD shall maintain a system by which licensees are given written notice of all violations. CAD personnel shall be permitted to enter the business premises of a person who provides services pursuant to this division to ascertain whether the license and registration is current and the employees of the facility are certified as required under this division. If CAD personnel are refused entry or access to the business premises as stated above, the CAD shall obtain an inspection warrant pursuant to §§ 933.20 933.30, F.S., in order to ascertain compliance with this division.

(c)

The CAD is authorized to enforce the provisions of this division by administrative fines of up to five hundred dollars ($500.00) for each violation in accordance with the consumer protection code, division 1, section 20-159 et seq., of this article. Each day of a continuing violation shall be deemed a separate violation.

(d)

In addition to fines, the CAD is authorized to enforce the provisions of this division by suspension or revocation of a license and registration or upon notice and hearing as provided in this section unless the licensee waives such notice and hearing. Licenses are subject to suspension or revocation when it shall appear that:

(1)

The licensee has failed to comply with or has violated the provisions of this division; or

(2)

The license was obtained by an application in which any material fact was omitted or falsely stated.

(e)

In addition to the foregoing, a license issued pursuant to this division may be suspended after a hearing pursuant to the provisions of this section, when the CAD receives written notification that the licensee's officer, director or partner, or any other stockholder owning, holding, controlling or having a beneficial interest in five (5) percent or more of the issued and outstanding stock of the licensee or of the issued and outstanding stock of a corporate partner of a partnership licensee, has pled nolo contendere guilty to or been convicted of a felony or of any criminal offense involving motor vehicles. In addition, the CAD may initiate a hearing as hereinafter specified to consider revocation of such license. A licensee whose license has been suspended under this provision shall be entitled to reinstatement of such licensee's license upon proof that:

(1)

After a felony conviction, the licensee's civil rights have been restored or that the licensee otherwise qualifies for restoration of rights under § 940.05, F.S.; or

(2)

After a conviction of any other criminal offense, that the person convicted has successfully completed all sentences of incarceration, probationary periods, required rehabilitation activities, and payment of all fines and penalties imposed in connection with such criminal offense.

(f)

All hearings required by this section for proposed suspensions or revocations of licenses shall be preceded by a minimum of twenty (20) days' written notice. That notice shall specify the director's proposed action and the grounds upon which the action is predicated. The licensee may be represented by legal counsel and shall be entitled to present a defense to the proposed action. Failure to appear at a duly noticed hearing shall be deemed a waiver of the right to hearing and an admission of the acts specified in the notice. Failure to claim certified mail notifying the licensee of the hearing shall be construed as failure to appear at a duly noticed hearing.

(g)

All such hearings shall be conducted in the same manner as consumer protection board hearings, division 1, sections 20-176, 20-176.1, of this article, and shall be before a three-member panel. All such hearings shall be reported and, at the request of any party, transcribed at the expense of said party. Within a reasonable time after the conclusion of the hearing, the panel shall submit to the director a statement of findings, conclusions and recommendations; and the CAD shall promptly notify all parties, in writing, division 1, section 20-176.2, of this article, of its final decision.

(h)

The decision of the panel may be appealed to a court of appropriate jurisdiction in accordance with the Florida Rules of Appellate Procedure.

(i)

Whenever any person has engaged in any acts or practices which constitute violations of any provision of this division or the code, the state attorney or the county attorney's office may make application to the Seventeenth Judicial Circuit for an order enjoining such acts or practices and for an order granting permanent injunction, restraining order, or other order enjoining such acts or practices, said orders to be granted without bond.

(Ord. No. 91-12, § 1, 3-12-91)