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The Florida Senate

2007 Florida Statutes

Section 560.117, Florida Statutes 2007

560.117  Administrative fines; enforcement.--

(1)  The office may, by complaint, initiate a proceeding pursuant to chapter 120 to impose an administrative fine against any person found to have violated any provision of the code or a cease and desist order of the office or any written agreement with the office. However, the office shall give notice, in writing, if it suspects that the licensee has violated any of the following provisions of the code and shall give the licensee 15 days after actual notice is served on the person within which to correct the violation before bringing disciplinary action under the code:

(a)  Failure to timely pay any fee, charge, or fine under the code;

(b)  Failure to pay any judgment entered by any court within 30 days after the judgment becomes final;

(c)  Failure to notify the office of a change of control of a money transmitter as required by s. 560.127; or

(d)  Failure to notify the office of any change of address or fictitious name as required by s. 560.205

Except as provided in this section, such fine may not exceed $100 a day for each violation. The office may excuse any such fine with a showing of good cause by the person being fined.

(2)  If the office finds that one or more grounds exist for the suspension, revocation, or refusal to renew or continue a license or registration issued under this chapter, the office may, in addition to or in lieu of suspension, revocation, or refusal to renew or continue a license or registration, impose a fine in an amount up to $10,000 for each violation of this chapter.

(3)  Notwithstanding any other provision of this section, the office may impose a fine not to exceed $1,000 per day for each day that a person violates the code by engaging in the business of a money transmitter without being registered.

(4)  Any administrative fine levied by the office may be enforced by the office by appropriate proceedings in the circuit court of the county in which such person resides or maintains a principal office. In any administrative or judicial proceeding arising under this section, a party may elect to correct the violation asserted by the office and, upon the party's doing so, any fine ceases to accrue; however, an election to correct the violation does not render moot any administrative or judicial proceeding.

History.--s. 1, ch. 94-238; s. 1, ch. 94-354; s. 6, ch. 2000-360; s. 700, ch. 2003-261.