Florida Statutes 507.09 – Administrative remedies; penalties
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(1) The department may enter an order doing one or more of the following if the department finds that a mover or moving broker, or a person employed or contracted by a mover or moving broker, has violated or is operating in violation of this chapter or the rules or orders issued pursuant to this chapter:
(a) Issuing a notice of noncompliance under s. 120.695.
Terms Used In Florida Statutes 507.09
- broker: means a person who, for compensation, arranges with a registered mover for loading, transporting or shipping, or unloading of household goods as part of a household move or who, for compensation, refers a shipper to a registered mover. See Florida Statutes 507.01
- Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 507.01
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- goods: means personal effects or other personal property commonly found in a home, personal residence, or other dwelling, including, but not limited to, household furniture. See Florida Statutes 507.01
- Mover: means a person who, for compensation, contracts for or engages in the loading, transportation or shipment, or unloading of household goods as part of a household move. See Florida Statutes 507.01
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) Imposing an administrative fine in the Class II category pursuant to s. 570.971 for each act or omission. However, the department must impose an administrative fine in the Class IV category for each violation of s. 507.07(10) if the department does not seek a civil penalty for the same offense.
(c) Directing that the person cease and desist specified activities.
(d) Refusing to register or revoking or suspending a registration.
(e) Placing the registrant on probation, subject to the conditions specified by the department.
(2) The department, upon notification and subsequent written verification by a law enforcement agency, a court, a state attorney, or the Department of Law Enforcement, must immediately suspend a registration or the processing of an application for a registration if the registrant, applicant, or officer or director of the registrant or applicant is formally charged with a crime involving fraud, theft, larceny, embezzlement, or fraudulent conversion or misappropriation of property or a crime arising from conduct during a movement of household goods until final disposition of the case or removal or resignation of that officer or director.
(3) The administrative proceedings that could result in the entry of an order imposing any of the penalties specified in subsection (1) or subsection (2) are governed by chapter 120.