The Florida Senate

520.996  Investigations and complaints.--

(1)  The department or its agent may, 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, it may examine the books, accounts, records, and other documents or matters of any licensee or other person. It shall have the power to compel the production of all relevant books, records, and other documents and materials relative to an examination or investigation. Such investigations and examinations shall not be made more often than once during any 12-month period unless the department has good and sufficient reason to believe the licensee is not complying with the provisions of this chapter. The expenses of the department incurred in each such examination may be established by department rule but shall not exceed $250 per 8-hour day for each examiner. Such examination fee shall be calculated on an hourly basis and shall be rounded to the nearest hour. 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.

(2)  The examination expenses incurred by the department in each examination shall be paid by the licensee examined. The expenses of the department incurred in each examination of a home improvement finance seller or of an employee representing such home improvement finance seller shall be paid by the home improvement finance seller. Expenses incurred for each examination of a sales finance company shall be paid by it. The examination expenses shall be paid by such licensee examined or such other person obligated to pay such examination expenses within 30 days after demand therefor by the department.

(3)  Any retail buyer or owner having reason to believe that the provisions of this chapter have been violated may file with the department a written complaint setting forth the details of such alleged violations and the department upon receipt of such complaint, may inspect the pertinent books, records, letters, and contracts of the licensee and of the seller involved, relating to such specific written complaint.

History.--ss. 34, 36, ch. 90-103; s. 4, ch. 91-429; s. 6, ch. 92-9.