The Florida Senate

494.00795  Powers and duties of the Department of Banking and Finance; investigations; examinations; injunctions; orders.--

(1)(a)  The department shall be responsible for the administration and enforcement of this act.

(b)  The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this act. The department may adopt rules to allow electronic submission of any forms, documents, or fees required by this act.

(2)(a)  The department may conduct an investigation of any person whenever the department has reason to believe, upon complaint or otherwise, that any violation of the act has occurred.

(b)  Any person having reason to believe that a provision of this act has been violated may file a written complaint with the department setting forth the details of the alleged violation.

(c)  The department may conduct examinations of any person to determine compliance with this act.

(3)(a)  The department may bring action, through its own counsel in the name and on behalf of the state, against any person who has violated or is about to violate any provision of this act, or any rule or order of the department issued under the act, to enjoin the person from continuing in or engaging in any act in furtherance of the violation.

(b)  In any injunctive proceeding, the court may, on due showing by the department, issue a subpoena or subpoena duces tecum requiring the attendance of any witness and requiring the production of any books, accounts, records, or other documents and materials that appear necessary to the expeditious resolution of the application for injunction.

(4)  The department may issue and serve upon any person an order to cease and desist and to take corrective action whenever the department has reason to believe the person is violating, has violated, or is about to violate any provision of this act, any rule or order of the department issued under this act, or any written agreement between the person and the department. All procedural matters relating to issuance and enforcement of cease and desist orders are governed by the Administrative Procedure Act.

(5)  Whenever the department finds a person in violation of this act, it may enter an order imposing a fine in an amount not exceeding $5,000 for each count or separate offense, provided that the aggregate fine for all violations of this act that could have been asserted at the time of the order imposing the fine shall not exceed $500,000.

(6)  Any violation of this act shall also be deemed to be a violation of chapter 494, chapter 516, chapter 520, chapter 655, chapter 657, chapter 658, chapter 660, chapter 663, chapter 665, or chapter 667. The department may adopt rules to enforce this subsection.

History.--s. 7, ch. 2002-57.