The Florida Senate

424.09  Actions by department for violations.--

(1)  Whenever the Department of Community Affairs is of the opinion that any such limited dividend housing company is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the department and is doing or about to do anything, or permitting or about to permit anything to be done, contrary to or in violation of law or of any order of the department, or which is improvident or prejudicial to the interests of the public, the lienholders, or the stockholders, it may commence an action or proceeding in the court of chancery of the county in which the company is located, in the name of the department, for the purpose of having such violation or threatened violation stopped and prevented by mandatory injunction. The department shall begin such action or proceeding by a petition and complaint to the court of chancery, alleging the violation complained of and praying for appropriate relief by way of mandatory injunction. It shall thereupon be the duty of the court to specify the time, not exceeding 20 days after service of a copy of the petition and complaint, within which the corporation complained of must answer the petition and complaint.

(2)  In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances in such manner as the court shall direct without other or formal pleadings and without respect to any technical requirements. Such other persons or corporations as it shall seem to the court necessary or proper to join as parties in order to make its order or judgment effective, may be joined as parties. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that a mandatory injunction be issued as prayed for in the petition and complaint or in such modified or other form as the court may determine will afford appropriate relief.

History.--s. 8, ch. 16028, 1933; CGL 1936 Supp. 4151(140); ss. 18, 35, ch. 69-106; s. 60, ch. 81-167; s. 63, ch. 83-55.