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Florida Statute 494.0013 - Full Text and Legal Analysis
Florida Statute 494.0013 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 494
LOAN ORIGINATORS AND MORTGAGE BROKERS
View Entire Chapter
494.0013 Injunction to restrain violations.
(1) The office 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 of the commission or order of the office 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 office, 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 office, 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.
History.ss. 4, 50, ch. 91-245; s. 4, ch. 91-429; s. 541, ch. 97-103; s. 517, ch. 2003-261.

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Amendments to 494.0013


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Cases Citing Statute 494.0013

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Owens-Benniefield v. Nationstar Mortg. LLC, 258 F. Supp. 3d 1300 (M.D. Fla. 2017).

Cited 2 times | Published | District Court, M.D. Florida

...claim for violation of section 494.0025. As' the Court determines there is a private right-of action, the Court denies Nationstar’s Motion as to this Count. However, regarding Owens-Bennie-field’s request for an injunction and fines pursuant to section 494.0013, Nationstar is correct that such relief is unavailable. Section 494.0013 specifies that the state administrative agency may bring an action for injunctive relief to prevent further violations of the statute. § 494.0013(1);' see also Pounds v. Countrywide Home Loans, Inc., No. 12-60692-CIV, 2012 WL 4194420 , at *2 (S.D. Fla. Sept. 19, 2012)(noting that section 494.0013 “allow[s] the state to issue injunctions, refund orders, or criminal penalties to non-complying [mortgage] brokers”)....