The Florida Senate

497.431  Examinations and investigations.--The department shall, as often as it may deem necessary but at least once every 3 years, examine the business of any person writing preneed contracts and any guaranteeing organization existing under this chapter to the extent applicable. The examination shall be at the expense of the person or organization examined as provided in this section and shall be made by the designated representative or examiner of the department. The written report of each such examination, when completed, shall be filed in the office of the board and, when so filed, shall constitute a public record. Any such person or organization being examined shall produce, upon request, all records of the company or organization. The designated representative of the board may at any time examine the records and affairs of any such person or organization, whether in connection with a formal examination or not. The board may waive the examination requirements of this section if the certificateholder or guaranteeing organization submits audited financial statements. The department may charge an examination fee prescribed by rule, but such fee may not exceed $300 per 8-hour day for each examiner. Such examination fee shall be calculated on an hourly basis and shall be rounded to the nearest hour. For out-of-state travel, the licensee shall also pay the travel expense and per diem subsistence allowance provided for state employees under s. 112.061. The department shall be entitled to recover the reasonable and justifiable costs of investigation if the investigation results in judicial or administrative disciplinary action.

History.--s. 10, ch. 28211, 1953; s. 12, ch. 65-393; ss. 13, 35, ch. 69-106; s. 8, ch. 77-438; s. 3, ch. 78-276; s. 1, ch. 80-135; s. 2, ch. 81-318; ss. 9, 31, 32, ch. 83-316; s. 14, ch. 88-139; ss. 103, 122, ch. 93-399; s. 26, ch. 96-400.

Note.--Former s. 639.15.