The Florida Senate

501.019  Health studios; penalties.--

(1)  Any health studio or any owner or manager thereof, or, in the case of corporate ownership, any substantial stockholder of the corporation owning the health studio, who is convicted of a violation of the provisions of ss. 501.012-501.019 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083

(2)  Any person who knowingly makes a false representation to the department with the intent to obtain an exemption of any kind from the requirements of s. 501.016 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

(3)  The department may institute proceedings in the appropriate circuit court to recover any penalties or damages allowed in this section and for injunctive relief to enforce compliance with ss. 501.012-501.019 or any rule or order of the department. The department may seek a civil penalty of up to $5,000 for each violation of this section.

(4)(a)  The department may enter an order imposing one or more of the penalties set forth in paragraph (b) if the department finds that a health studio:

1.  Violated or is operating in violation of any of the provisions of this part or of the rules adopted or orders issued thereunder;

2.  Made a material false statement in any application, document, or record required to be submitted or retained under this part;

3.  Refused or failed, or any of its principal officers has refused or failed, after notice, to produce any document or record or disclose any information required to be produced or disclosed under this part or the rules of the department;

4.  Made a material false statement in response to any request or investigation by the department, the Department of Legal Affairs, or the state attorney; or

5.  Has intentionally defrauded the public through dishonest or deceptive means.

(b)  Upon a finding as set forth in paragraph (a), the department may enter an order doing one or more of the following:

1.  Issuing a notice of noncompliance pursuant to s. 120.695

2.  For a violation of s. 501.015 or s. 501.016, imposing an administrative fine not to exceed $5,000 per violation.

3.  For a violation of s. 501.013, s. 501.017, or s. 501.018, imposing an administrative fine not to exceed $500 per violation.

4.  Directing that the health studio cease and desist specified activities.

5.  Refusing to register or revoking or suspending a registration.

6.  Placing the registrant on probation for a period of 5 years, subject to such conditions as the department may specify by rule.

(c)  The administrative proceedings which could result in the entry of an order imposing any of the penalties specified in paragraph (b) shall be conducted in accordance with chapter 120.

(5)  All moneys collected pursuant to this section shall be deposited into the General Inspection Trust Fund.

History.--s. 9, ch. 90-312; s. 14, ch. 91-201; s. 4, ch. 91-429; s. 58, ch. 92-291; s. 2, ch. 93-116; s. 9, ch. 97-250; s. 9, ch. 2001-214.