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The Florida Senate

2019 Florida Statutes

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 501 CONSUMER PROTECTION Entire Chapter
SECTION 612
Grounds for departmental action against licensure applicants or licensees.
F.S. 501.612
501.612 Grounds for departmental action against licensure applicants or licensees.—
(1) The department may enter an order directing that one or more of the actions set forth in subsection (2) be taken if the department finds that a commercial telephone seller or salesperson or an entity providing substance abuse marketing services, or any person applying for licensure as a commercial telephone seller or salesperson or an entity providing substance abuse marketing services, including, but not limited to, owners, operators, officers, directors, partners, or other individuals engaged in the management activities of a business entity:
(a) Has, regardless of adjudication, been convicted or found guilty of, or has entered a plea of guilty or a plea of nolo contendere to, racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property, or any other crime involving moral turpitude;
(b) Has, regardless of adjudication, been convicted or found guilty of, or has entered a plea of guilty or a plea of nolo contendere to, any felony;
(c) Has had entered against him or her or any business for which he or she has worked or been affiliated, an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or the use of any untrue or misleading representation in an attempt to sell or dispose of real or personal property or the use of any unfair, unlawful, or deceptive trade practice;
(d) Is subject to or has worked or been affiliated with any company which is, or ever has been, subject to any injunction, temporary restraining order, or final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, or any restrictive court order relating to a business activity as the result of any action brought by a governmental agency, including any action affecting any license to do business or practice an occupation or trade;
(e) Has at any time during the previous 7 years filed for bankruptcy, been adjudged bankrupt, or been reorganized because of insolvency;
(f) Has been a principal, director, officer, or trustee of, or a general or limited partner in, or had responsibilities as a manager in, any corporation, partnership, joint venture, or other entity that filed the bankruptcy, was adjudged bankrupt, or was reorganized because of insolvency within 1 year after the person held that position;
(g) Has been previously convicted of or found to have been acting as a salesperson or commercial telephone seller or an entity providing substance abuse marketing services without a license or whose licensure has previously been refused, revoked, or suspended in any jurisdiction;
(h) Falsifies or willfully omits any material information asked for in any application, document, or record required to be submitted or retained under this part;
(i) Makes a material false statement in response to any request or investigation by the department or the state attorney;
(j) Refuses or fails, 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;
(k) Is not of good moral character; or
(l) Otherwise violates or is operating in violation of any of the provisions of this part or of the rules adopted or orders issued thereunder.
(2) Upon a finding as set forth in subsection (1), the department may enter an order:
(a) Issuing a notice of noncompliance pursuant to s. 120.695.
(b) Imposing an administrative fine in the Class III category pursuant to s. 570.971 for each act or omission which constitutes a violation under this part.
(c) Directing that the person cease and desist specified activities.
(d) Refusing to issue or renew or revoking or suspending a license.
(e) Placing the licensee on probation for a period of time, subject to such conditions as the department may specify.
(3) The administrative proceedings which could result in entry of an order under subsection (2) shall be conducted in accordance with the provisions of chapter 120.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 5, ch. 96-252; s. 1163, ch. 97-103; s. 16, ch. 97-250; s. 42, ch. 2014-150; s. 21, ch. 2017-173.