§ 20-176.117. 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 Division shall maintain a system by which licensees are given written notice of all violations. Division personnel shall be permitted to enter the business premises of a person who provides services pursuant to this division to ascertain whether the license is current, and to examine books and records as required by this division.

(c)

The Division 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 of this Article. Each day of a continuing violation shall be deemed a separate violation.

(d)

In addition to fines, the Division is authorized to enforce the provisions of this division by suspension or revocation of a license 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)

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.

(f)

All such hearings shall be conducted in the same manner as consumer protection board hearings, as specified in division 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. The Division shall promptly notify all parties, in writing, of the panel's final decision, in accordance with section 20-176.2 of this article.

(g)

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

(h)

Whenever any person has engaged in an act or practice which constitutes a violation 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 act or practice and for an order granting permanent injunction, restraining order, or other order enjoining such act or practice, said orders to be granted without bond.

(Ord. No. 1999-19, § 1, 4-27-99)