The Florida Senate

¹497.221  Cease and desist orders.--

(1)  The department may issue and serve upon a cemetery company a complaint whenever the department has reason to believe that the cemetery company is violating or has violated any law, department rule, department order, or written agreement entered into with the department.

(2)  The complaint shall contain a statement of facts and notice of opportunity for a hearing pursuant to ss. 120.569 and 120.57

(3)  If no hearing is requested within the time allowed by ss. 120.569 and 120.57, or if a hearing is held and the department finds that any of the allegations in the complaint are true, the department may enter an order directing the cemetery company to cease and desist from engaging in the conduct complained of and to take corrective action.

(4)  The failure of a cemetery company to respond to the 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 cease and desist order.

(5)  A cease and desist order issued pursuant to the provisions of subsection (3) or subsection (4) is effective when reduced to writing and served upon the cemetery company. A consent order is effective as agreed between the parties thereto.

(6)  The department may issue an emergency cease and desist order pursuant to s. 120.569

History.--s. 3, ch. 78-407; ss. 11, 40, ch. 80-238; ss. 2, 3, ch. 81-318; s. 1, ch. 89-8; ss. 89, 122, ch. 93-399; s. 237, ch. 96-410; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

Note.--Former s. 559.371; s. 497.014.