(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. 634.336, or is engaging in the business of home warranty 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 or its 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. 29, ch. 83-323; s. 1, ch. 84-94; s. 20, ch. 93-195; s. 279, ch. 96-410; s. 1748, ch. 97-102; s. 1477, ch. 2003-261.
Structure Florida Statutes
Chapter 634 - Warranty Associations
Part II - Home Warranty Associations (Ss. 634.301-634.348)
634.302 - Powers of department, commission, and office; rules.
634.3025 - Part exclusive; applicability of other laws.
634.304 - Qualifications for license.
634.305 - Required deposit or bond.
634.3051 - Levy upon deposit limited.
634.306 - Application for and issuance of license.
634.307 - License expiration; renewal.
634.3076 - Prohibited investments and loans.
634.3077 - Financial requirements.
634.3078 - Assets and liabilities.
634.308 - Grounds for suspension or revocation of license.
634.309 - Procedure to suspend or revoke license.
634.310 - Order, notice of suspension or revocation of license; effect; publication.
634.3112 - Administrative fine in lieu of suspension or revocation of license of association.
634.312 - Forms; required provisions and procedures.
634.3123 - Noncompliant forms.
634.313 - Tax on premiums; annual statement; reports.
634.3135 - Office records required.
634.314 - Examination of associations.
634.317 - License and appointment required.
634.318 - License and appointment of sales representatives.
634.319 - Reporting and accounting for funds.
634.3205 - Rebating; when allowed.
634.3225 - Duration of suspension or revocation of license or appointment.
634.324 - Disposition of taxes and fees.
634.325 - Insurance business not authorized.
634.326 - Fronting not permitted.
634.327 - Applicability to warranty on new home.
634.328 - Penalty for violation.
634.329 - Dissolution or liquidation.
634.331 - Coverage of property for sale.
634.335 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.
634.336 - Unfair methods of competition and unfair or deceptive acts or practices defined.
634.337 - Power of department and office to examine and investigate.
634.338 - Prohibited practices; hearings; procedure; service of process.
634.3385 - Unauthorized entities; gifts and grants.
634.339 - Cease and desist and penalty orders.
634.34 - Appeals from orders of the department or office.
634.341 - Penalty for violation of cease and desist order.
634.342 - Injunctive proceedings.
634.344 - Coercion of debtor prohibited.