Florida Statute 501.208 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

Chapter 501
CONSUMER PROTECTION

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F.S. 501.208

501.208 Cease and desist orders; procedures.—

(1) Whenever the Department of Legal Affairs has reason to believe that a person has been, or is, violating this part, and if it appears to the department that a cease and desist order against such violation would be in the interest of the public, it shall issue and serve upon such person a complaint and order stating its charges in that respect and containing a notice of a hearing upon a day and at the place therein fixed at least 30 days after the service of said complaint. Said hearing shall be held in conformity with the provisions of chapter 120.

(2) The department may modify or set aside its order at any time by rehearing upon its own motion when such rehearing is in the interest of the public welfare.

(3) Judicial review of orders of the department shall be in accordance with the provisions of s. 120.68 and shall take precedence over other civil cases pending and shall be expedited in every way.

(4) An order of the department to cease and desist shall not become effective until 10 days after all administrative action has been concluded or, if appeal is made to the district court of appeal and bond is posted, until a final order has been entered by that court.

(5) No cease and desist order shall act as a limitation upon any other action or remedy available to a person aggrieved by a violation of this act.

(6) When a court remands an order of the department for rehearing, such rehearing shall be held within 45 days after the remand.

(7) Any person who violates a cease and desist order of the department after it has become final and while such order is in effect shall forfeit and pay to the state a civil penalty of not more than $5,000 for each violation which shall accrue to the state and may be recovered in a civil action brought by the state. Each separate violation of such an order shall be a separate offense, except that in the case of a violation through continuing failure or neglect to obey a final order of the department, each day of continuance of such failure or neglect shall be deemed a separate offense.

History.—s. 1, ch. 73-124; s. 22, ch. 78-95; s. 4, ch. 79-386.

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Amendments to 501.208

Arrestable Offenses / Crimes under Fla. Stat. 501.208

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 501.208.

Annotations, Discussions, Cases:

Cases Citing Statute 501.208

Total Results: 10

SDS Autos, Inc. v. Chrzanowski

Court: District Court of Appeal of Florida | Date Filed: 2007-11-26

Citation: 976 So. 2d 600, 2007 WL 4145222

Snippet: to prevent future violations of the act. See § 501.208, Fla. Stat. (2005). These procedures concededly

3B TV, INC. v. State, Office of Atty. Gen.

Court: District Court of Appeal of Florida | Date Filed: 2001-09-24

Citation: 794 So. 2d 744, 2001 WL 1110559

Snippet: in compliance....").[1] Significantly, section 501.208(7) of DUTPA, which governs violations of Department

Quick Cash v. STATE, DEPT. OF AGRICULTURE

Court: District Court of Appeal of Florida | Date Filed: 1992-08-28

Citation: 605 So. 2d 898

Snippet: desist order in an appropriate case under section 501.208, Florida Statutes (1991). Significantly, the Division

Storer Communications, Inc. v. State, Dept. of Legal Affairs

Court: District Court of Appeal of Florida | Date Filed: 1991-07-31

Citation: 591 So. 2d 238, 1991 WL 138900

Snippet: to a cease and desist order pursuant to section 501.208 *242 because the Department had not promulgated

Tierney v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-10-07

Citation: 404 So. 2d 206

Snippet: incriminating response. The case of Toliver v. Gathright, 501 *208 F. Supp. 148 (E.D.Va. 1980), is directly on point

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-12-18

Snippet: of that board's cease and desist orders. Cf. s. 501.208(8), F. S. (1978 Supp.), as amended by s. 4, Ch

State Ex Rel. Herring v. Murdock

Court: District Court of Appeal of Florida | Date Filed: 1977-04-07

Citation: 345 So. 2d 759

Snippet: [4] For example see Sections 501.207(1)(a) and 501.208.

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-02-27

Snippet: Practices Act to the leasing of real property. Section 501.208, F. S., grants to the enforcing authority the power

Department of Legal Affairs v. Rogers

Court: Supreme Court of Florida | Date Filed: 1976-02-25

Citation: 329 So. 2d 257

Snippet: making power... ." [3] Cf. Sections 501.207, 501.208, 501.211, Florida Statutes. [4] Chapter 19.86

Lavers v. State, Department of Legal Affairs

Court: District Court of Appeal of Florida | Date Filed: 1976-01-29

Citation: 326 So. 2d 80, 1976 Fla. App. LEXIS 14263

Snippet: modified on review pursuant to §§ 501.207 and 501.208, F.S.1973. The order as modified commands Lavers