The 2023 Florida Statutes (including Special Session C)

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.

F.S. 501.208 on Google Scholar

F.S. 501.208 on Casetext

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 from cite.case.law:

DANA S RAILROAD SUPPLY, TM LLC, s v. ATTORNEY GENERAL, FLORIDA,, 807 F.3d 1235 (11th Cir. 2015)

. . . . §§ 501.206(5), 501.207, 501.2075, 501.2077, 501.208(7), 501.211. . . .

S. D. S. AUTOS, INC. a d b a v. A. CHRZANOWSKI, M. G. B. a v. C. M. G. H., 976 So. 2d 600 (Fla. Dist. Ct. App. 2007)

. . . See § 501.208, Fla. Stat. (2005). . . .

E. FENDRICH, v. RBF, L. L. C. a, 842 So. 2d 1076 (Fla. Dist. Ct. App. 2003)

. . . Trade or commerce is defined in section 501.208(8): “Trade or commerce” means the advertising, soliciting . . .

TV INC. v. STATE OFFICE OF THE ATTORNEY GENERAL,, 794 So. 2d 744 (Fla. Dist. Ct. App. 2001)

. . . Significantly, section 501.208(7) of DUT-PA, which governs violations of Department of Legal Affairs . . . Given the express statutory authorization for per diem penalties under section 501.208, we conclude that . . . Section 501.208(7), Florida Statutes (1997), provides, in pertinent part: Any person who violates a cease . . .

QUICK CASH OF CLEARWATER, INC. a v. STATE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF CONSUMER SERVICES, STATE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF CONSUMER SERVICES, v. QUICK CASH OF TAMPA INC. a a a, 605 So. 2d 898 (Fla. Dist. Ct. App. 1992)

. . . subsection would allow the Division to seek a cease and desist order in an appropriate case under section 501.208 . . .

STORER COMMUNICATIONS, INC. a SCI a TV a TCI a v. STATE DEPARTMENT OF LEGAL AFFAIRS, a a, 591 So. 2d 238 (Fla. Dist. Ct. App. 1991)

. . . DCA determined that the Department was not entitled to a cease and desist order pursuant to section 501.208 . . .

STATE M. HERRING, v. C. MURDOCK, 345 So. 2d 759 (Fla. Dist. Ct. App. 1977)

. . . For example see Sections 501.207(1)(a) and 501.208. . . .

DEPARTMENT OF LEGAL AFFAIRS, v. ROGERS, d b a, 329 So. 2d 257 (Fla. 1976)

. . . Sections 501.207, 501.208, 501.211, Florida Statutes. . . . .

LAVERS v. STATE DEPARTMENT OF LEGAL AFFAIRS,, 326 So. 2d 80 (Fla. Dist. Ct. App. 1976)

. . . which the Attorney General, head of that Department, modified on review pursuant to §§ 501.207 and 501.208 . . . The petition for review is before us in accordance with § 501.208(3), F.S.1973, which invokes the Administrative . . . served notice that its purpose was to order Lavers and Singley to cease and desist, in accordance with § 501.208 . . . The Attorney General, on review of the hearing officer’s order [§ 501.208(1), F.S. 1973], modified it . . . Sec. 501.208(8), F.S.1973. . . .