(1) Whenever the department or office 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. 634.282, or is engaging in the business of motor vehicle service agreements without being properly licensed as required by this part, and that a proceeding by the department or office in respect thereto would be in the interest of the public, the department or office shall conduct or cause to have conducted a hearing in accordance with chapter 120.
(2) The department or office, 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 penalty for failure to comply with a subpoena or with an order directing discovery is limited to a fine not to exceed $1,000 per violation.
(3) A statement of charges, notice, or order under this part may be served by anyone duly authorized by the department or office, 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, order, or other process at her or his residence or principal office or place of business. The verified return by the person so serving such statement, notice, order, or other process, setting forth the manner of the service, is proof of the same; and the return postcard receipt for such statement, notice, order, or other process, certified and mailed as provided in this subsection, is proof of service of the same.
History.—s. 10, ch. 2001-281; s. 1445, ch. 2003-261.
Structure Florida Statutes
Chapter 634 - Warranty Associations
Part I - Motor Vehicle Service Agreement Companies (Ss. 634.011-634.288)
634.021 - Powers of department, commission, and office; rules.
634.023 - Part exclusive; applicability of other laws.
634.041 - Qualifications for license.
634.042 - Prohibited investments and loans.
634.044 - Assets and liabilities.
634.045 - Guarantee agreements.
634.053 - Levy upon deposit limited.
634.061 - Application for and issuance of license.
634.071 - License continuance.
634.081 - Suspension or revocation of license; grounds.
634.101 - Order, notice of suspension or revocation of license; effect; publication.
634.111 - Duration of suspension; obligations of company during suspension period; reinstatement.
634.121 - Forms, required procedures, provisions; delivery and definitions.
634.1213 - Noncompliant forms.
634.131 - Tax on premiums and assessments.
634.136 - Office records required.
634.137 - Financial and statistical reporting requirements.
634.141 - Examination of companies.
634.151 - Service of process; appointment of commissioner as process agent.
634.161 - Service of process; method.
634.171 - Salesperson to be licensed and appointed.
634.1815 - Rebating; when allowed.
634.201 - Refusal, suspension, or revocation of license or appointment of salespersons.
634.211 - Administrative fine in lieu of suspension or revocation of license or appointment.
634.221 - Disposition of taxes and fees.
634.231 - Insurance business not authorized.
634.241 - Prohibition against fronting.
634.242 - Injunctive proceedings.
634.251 - Penalty for violation.
634.2515 - Penalty for selling agreements of a nonlicensed company.
634.253 - Delinquency proceedings.
634.261 - Voluntary compliance in lieu of suspension or revocation.
634.2815 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.
634.282 - Unfair methods of competition and unfair or deceptive acts or practices defined.
634.2825 - Motor vehicle service agreement cost specified in “price package.”
634.283 - Power of department and office to examine and investigate.
634.284 - Prohibited practices; hearings; procedure; service of process.
634.285 - Cease and desist and penalty orders.
634.2855 - Unauthorized entities; gifts and grants.
634.286 - Appeals from orders of the department or office.