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The Florida Senate

2003 Florida Statutes

Section 497.127, Florida Statutes 2003

497.127  Injunction to restrain violations.--

(1)  The board or 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 chapter or any rule or order of the department issued under this chapter to enjoin the person from continuing in or engaging in any act in furtherance of the violation.

(2)  In any injunctive proceeding, the court may, on due showing by the board or 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.

(3)  In addition to all other means provided by law for the enforcement of any temporary restraining order, temporary injunction, or permanent injunction issued in any such court proceeding, the court has the power and jurisdiction, upon application of the board or the department, to impound, and to appoint a receiver or administrator for, the property, assets, and business of the defendant, including, but not limited to, the books, records, documents, and papers appertaining thereto. Such receiver or administrator, when appointed and qualified, has all powers and duties as to custody, collection, administration, winding up, and liquidation of the property and business as are from time to time conferred upon him or her by the court. In any such action, the court may issue an order staying all pending suits and enjoining any further suits affecting the receiver's or administrator's custody or possession of the property, assets, and business, or the court, in its discretion and with the consent of the chief judge of the circuit, may require that all such suits be assigned to the circuit court judge who appoints the receiver or administrator.

(4)  For the purpose of this section, the violation of this chapter by a person who is not licensed by the department or the board or by any person who aids and abets the unlicensed activity shall be presumed to be irreparable harm to the public health, safety, or welfare.

History.--s. 54, ch. 93-399; s. 7, ch. 96-400; s. 1144, ch. 97-103.