Florida Statute 497.155 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 497
FUNERAL, CEMETERY, AND CONSUMER SERVICES

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F.S. 497.155

497.155 Disciplinary citations and minor violations.—

(1) CITATIONS.—

(a) Notwithstanding the provisions of s. 497.153, the board shall adopt rules to permit the issuance of citations. The citation shall be issued to the subject and shall contain the subject’s name and address, the subject’s license number if applicable, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedures under s. 497.153. If the subject disputes the matter in the citation, the procedures set forth in s. 497.153 must be followed. However, if the subject does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation shall become a final order of the board and shall constitute discipline. The penalty shall be a fine or other conditions as established by rule.

(b) The board shall adopt rules designating violations for which a citation may be issued. Such rules shall designate as citation violations those violations for which there is no substantial threat to the public health, safety, and welfare. Citations shall not be utilized if there was any significant consumer harm resulting from the violation.

(c) The department shall be entitled to recover the costs of investigation, in addition to any penalty provided according to board rule, as part of the penalty levied pursuant to the citation.

(d) A citation must be issued within 6 months after the filing of the complaint that is the basis for the citation.

(e) Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the subject’s last known address in accordance with s. 497.146. If service by certified mail cannot be made at the last address provided by the subject to the department, service may be made by e-mail, delivery receipt required, sent to the most recent e-mail address provided by the subject to the department in accordance with s. 497.146.

(2) MINOR VIOLATIONS.—

(a) The board may by rule specify violations of this chapter, and criteria for use by the department in identifying violations of this chapter, which are minor violations and which, if promptly corrected by the licensee upon notice by the department during investigation, may, with the concurrence of the department, result in closure of the investigation in the matter without further action by the department or the board.

(b) The rules may establish limits as to the number of times in total, or per period of time, that this subsection may be used in regard to any one licensee.

(c) The rules may establish limits or prohibitions on the use of this subsection where the violation relates to a consumer complaint received by the department concerning the licensee, and the complaint has not been resolved.

(d) There may by rule be specified notices of noncompliance and other forms and procedures for use in implementation of this subsection.

History.—s. 51, ch. 93-399; s. 25, ch. 2004-301; s. 10, ch. 2024-140.

Note.—Former s. 497.121.

F.S. 497.155 on Google Scholar

F.S. 497.155 on Casetext

Amendments to 497.155

Arrestable Offenses / Crimes under Fla. Stat. 497.155

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 497.155.

Annotations, Discussions, Cases:

Cases Citing Statute 497.155

Total Results: 8

Amendments to the Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 2002-12-05

Citation: 837 So. 2d 924, 27 Fla. L. Weekly Supp. 1011, 2002 Fla. LEXIS 2580, 2002 WL 31718857

Snippet: prosecution. (d) New; based on Marks v. State, 115 Fla. 497, 155 So. 727 (1934), and what is generally regarded

Amendments to the Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 2000-11-02

Citation: 794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Snippet: prosecution. (d) New; based on Marks v. State, 115 Fla. 497, 155 So. 727 (1934), and what is generally regarded

Amends. to Fl. Rules of Crim. Proc.

Court: Supreme Court of Florida | Date Filed: 1996-11-27

Citation: 685 So. 2d 1253

Snippet: prosecution. (d) New; based on Marks v. State, 115 Fla. 497, 155 So. 727 (1934), and what is generally regarded

In Re Amend. to Fla. Rules of Cr. Proc.

Court: Supreme Court of Florida | Date Filed: 1992-09-24

Citation: 606 So. 2d 227, 1992 WL 246494

Snippet: prosecution. (d) New; based on Marks v. State, 115 Fla. 497, 155 So. 727 (1934), and what is generally regarded

In Re Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 1967-03-01

Citation: 196 So. 2d 124, 1967 Fla. LEXIS 3956

Snippet: prosecution. (d) New; based on Marks v. State, 115 Fla. 497, 155 So. 727, and what is generally regarded as the

Haddock v. State

Court: Supreme Court of Florida | Date Filed: 1939-12-19

Citation: 192 So. 802, 141 Fla. 132, 1939 Fla. LEXIS 1328

Snippet: Fla. 132, 90 So. 825; Marks v. State,115 Fla. 497, 155 So. 727. It is possible that the lower court's

Wilson v. State

Court: Supreme Court of Florida | Date Filed: 1938-10-18

Citation: 184 So. 31, 134 Fla. 390, 1938 Fla. LEXIS 1119

Snippet: of January, 1937. In Marks v. State, 115 Fla. 497, 155 So. 727, we gave full effect to the Jurat attached

Diehl v. State

Court: Supreme Court of Florida | Date Filed: 1935-01-02

Citation: 158 So. 504, 117 Fla. 816, 1935 Fla. LEXIS 906

Snippet: cause." In the case of Marks v. State, 115 Fla. 497,155 South. Rep. 727, the point was raised on a peremptory