The Florida Senate

516.11  Investigations and complaints.--

¹(1)  The department shall, at intermittent periods, make such investigations and examinations of any licensee or other person as it deems necessary to determine compliance with this chapter. For such purposes, the department may examine the books, accounts, records, and other documents or matters of any licensee or other person and compel the production of all relevant books, records, and other documents and materials relative to an examination or investigation. Examinations of a licensee may not be made more often than once a year unless the department has reason to believe the licensee is not complying with this chapter. Each licensee shall pay to the department an examination fee based upon the amount of outstanding loans due the licensee at the time of the examination, as follows:

Amount Outstanding

Examination Fee

From $0 to $50,000 ....... $100
From $50,000.01 to $100,000 ....... 125
From $100,000.01 to $250,000 ....... 150
From $250,000.01 to $500,000 ....... 200
From $500,000.01 and over ....... 325

¹(2)  The licensee shall also pay the travel expense and per diem subsistence allowance provided for state employees in s. 112.061. The licensee shall not be required to pay a per diem fee and expenses of an examination which shall consume more than 30 worker-days in any one year unless such examination or investigation is due to fraudulent practices of the licensee, in which case such licensee shall be required to pay the entire cost regardless of time consumed.

(3)  Any person who has reason to believe that this chapter has been or will be violated may file a written complaint with the department.

History.--s. 10, ch. 10177, 1925; CGL 4008; s. 4, ch. 20728, 1941; s. 6, ch. 57-201; ss. 12, 35, ch. 69-106; s. 5, ch. 73-192; s. 1, ch. 77-356; s. 2, ch. 81-299; s. 2, ch. 81-318; ss. 8, 16, 17, ch. 88-342; s. 4, ch. 91-429; s. 2, ch. 94-108; s. 4, ch. 99-164.

¹Note.--Section 4, ch. 99-164, amended subsections (1) and (2), effective January 1, 2001, to read:

(1)  The department shall, at intermittent periods, make such investigations and examinations of any licensee or other person as it deems necessary to determine compliance with this chapter. For such purposes, the department may examine the books, accounts, records, and other documents or matters of any licensee or other person and compel the production of all relevant books, records, and other documents and materials relative to an examination or investigation. Examinations of a licensee may not be made more often than once a year unless the department has reason to believe the licensee is not complying with this chapter.

(2)  The department shall conduct all examinations at a convenient location in this state unless the department determines that it is more effective or cost-efficient to perform an examination at the licensee's out-of-state location. For an examination performed at the licensee's out-of-state location, the licensee shall pay the travel expense and per diem subsistence at the rate provided by law for up to thirty 8-hour days per year for each examiner who participates in such an examination. However, if the examination involves or reveals possible fraudulent conduct of the licensee, the licensee shall pay the travel expenses and per diem subsistence provided by law, without limitation, for each participating examiner.