The Florida Senate

497.137  Unlicensed activity; emergency cease and desist order; administrative penalty; civil penalty; enforcement; attorney's fees and costs.--

(1)  In addition to other remedies provided to the department or the board, when the department or the board has probable cause to believe that any person who is not licensed by the department or the board has violated any provision of this chapter or any rule adopted pursuant thereto, the department or the board may issue and deliver to the person an emergency order to cease and desist from such a violation. In addition, the department or the board may issue and deliver an emergency order to cease and desist to any person who aids and abets the unlicensed activity. The issuance of the emergency order to cease and desist shall be effective immediately upon issuance and shall be subject to s. 120.68. For the purpose of enforcing an emergency cease and desist order, the department or the board may file a proceeding in the name of the state seeking issuance of an injunction against any person who violates any provisions of such an order. In addition to the foregoing remedies, the department or the board may impose an administrative penalty not to exceed $5,000 per incident pursuant to the provisions of chapter 120. If the department or the board is required to seek enforcement of the agency order for a penalty pursuant to s. 120.69, it shall be entitled to collect reasonable attorney's fees and costs, together with any reasonable costs of collecting the attorney's fees and costs.

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

(3)  For the purpose of this section, the violation of this chapter by a person who is not licensed by the department or the board or by any person who aids and abets the unlicensed activity shall be presumed to be an immediate serious danger to the public health, safety, or welfare.

History.--s. 9, ch. 96-400.