(1) Whenever the office has reason to believe that a person, entity, or prepaid health clinic 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. 641.441, or is operating a prepaid health clinic without a certificate of authority as required by this part or otherwise operating in violation of any provision of this part or rule adopted pursuant to this part, and that a proceeding by the office in respect thereto would be in the interest of the public, the office shall conduct, or cause to have conducted, a hearing in accordance with chapter 120.
(2) The 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 the 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 office, either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy of the statement of charges, notice, or order to the person, entity, or prepaid health clinic affected by the statement, notice, or order or other process at his or her or its residence or principal office or place of business. The verified return by the person so serving such statement, notice, or order or other process, setting forth the manner of the service, is proof of such service; and the return postcard receipt for such statement, notice, or order or other process, certified and mailed as provided in this subsection, is proof of the service of the statement, notice, or order or other process.
History.—ss. 10, 11, ch. 84-313; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 287, ch. 96-410; s. 1755, ch. 97-102; s. 1615, ch. 2003-261.
Structure Florida Statutes
Chapter 641 - Health Care Service Programs
Part II - Prepaid Health Clinics (Ss. 641.40-641.459)
641.401 - Declaration of legislative intent, findings, and purposes.
641.4015 - Part exclusive; applicability of other laws.
641.403 - Rulemaking authority.
641.405 - Application for certificate of authority to operate prepaid health clinic.
641.406 - Issuance of certificate of authority.
641.4065 - Insurance business not authorized.
641.408 - Use of certain words prohibited in the name of a prepaid health clinic.
641.409 - Insolvency protection.
641.4091 - Levy upon deposit; limitation.
641.41 - Annual report of prepaid health clinic; administrative penalty.
641.411 - Other reporting requirements.
641.414 - Investment of funds of prepaid health clinic.
641.418 - Examination of prepaid health clinic by the office.
641.419 - Rehabilitation, liquidation, conservation, or dissolution of prepaid health clinic.
641.42 - Prepaid health clinic contracts.
641.421 - Language used in contracts and advertisements; translations.
641.422 - Contract provisions incorporating charter or bylaw provisions.
641.423 - Execution of contracts.
641.424 - Validity of noncomplying contracts.
641.425 - Construction of contracts.
641.426 - Delivery of contract to subscriber.
641.427 - Notice of cancellation, termination, or nonrenewal of contract.
641.428 - Nondiscrimination of coverage for certain surgical procedures involving bones or joints.
641.429 - Acceptable payments to prepaid health clinic.
641.437 - Investigatory power of office.
641.438 - Genetic information restrictions.
641.44 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.
641.441 - Unfair methods of competition and unfair or deceptive acts or practices defined.
641.443 - Temporary restraining orders.
641.446 - Cease and desist and penalty orders.
641.448 - Penalty for violation of cease and desist order.
641.452 - Administrative penalty in lieu of suspension or revocation of certificate of authority.
641.454 - Civil action to enforce prepaid health clinic contract; attorney’s fees; court costs.
641.455 - Disposition of moneys collected under this part.
641.457 - Exemption for certain operational prepaid health clinics.