The Florida Senate

¹497.447  Prohibited practices; hearings, witnesses, appearances, production of books, and service of process.--

(1)  Whenever the board has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in s. 497.445, or is engaging in the sale of preneed contracts without being properly licensed as required by this chapter, and that a proceeding by the board in respect thereto would be in the interest of the public, the board shall conduct or cause to have conducted a hearing in accordance with chapter 120.

(2)  The board, a duly empowered hearing officer, or an administrative law judge shall, during the conduct of such hearing, have those powers enumerated in s. 120.569; however, the penalties for failure to comply with a subpoena or with an order directing discovery shall be limited to a fine not to exceed $1,000 per violation.

(3)  A statement of charges, notice, or order or other process under this chapter may be served by anyone duly authorized by the department, either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy thereof to the person affected by such statement, notice, or order or other process at her or his or its residence or principal office or place of business. The verified return by the person so serving such statement, notice, or order or other process, setting forth the manner of the service, shall be proof of the service; and the return postcard receipt for such statement, notice, or order or other process, certified and mailed as provided in this subsection, shall be proof of service of the statement, notice, or order or other process.

History.--ss. 25, 32, ch. 83-316; s. 27, ch. 85-62; ss. 111, 122, ch. 93-399; s. 238, ch. 96-410; s. 1152, ch. 97-103; s. 157, ch. 2004-301.

¹Note.--Repealed October 1, 2005, by s. 157, ch. 2004-301.

Note.--Former s. 639.25.