§ 214-9. Cease and desist orders.

(a)

Whenever the administrator shall have reason to believe, based on evidence presented to the division, that a supplier or other person has committed or is committing a violation, and if it shall appear to the administrator that a board hearing in respect thereof would be in the interest of the public, he shall issue and have served upon such supplier or other person a complaint and notice of hearing stating the charges and setting a hearing at a time and place certain. The respondent so complained of shall have the right to appear at the place and time so fixed, and defend against the allegations contained in the complaint.

(b)

Service of process upon a respondent shall be accomplished at least 14 days prior to the date of hearing and may be affected by personal service by a duly designated agent of the board or by certified mail, return receipt requested. Service by certified mail shall be effective three days after depositing the complaint and notice of hearing in the United States post office addressed to the owner at his last known address with postage prepaid thereon.

(c)

The burden of proof shall be upon the complainant. The complainant shall present its evidence and testimony first. Thereafter, the respondent shall have the right to present its evidence and testimony. The complainant shall then have the right to present rebuttal evidence and testimony.

(d)

Any relevant evidence shall be admitted if the board finds it competent and reliable, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded. At the hearing, the parties may present testimony and evidence, and the right to cross examine witnesses shall be preserved. All testimony and evidence shall be given under oath or by affirmation. The hearing record shall be public and open to inspection by any person; and upon request by a principal party to the proceeding, the board shall furnish such party a copy of the hearing record, if any, at such cost as the clerk of the circuit court deems appropriate. Each party shall have the following rights:

(1)

To call and examine witnesses;

(2)

To introduce exhibits;

(3)

To cross examine opposing witnesses on any relevant matter even though that matter was not covered on direct examination;

(4)

To impeach any witness, regardless of which party first called him to testify; and

(5)

To rebut the evidence.

(e)

If, based upon the testimony and evidence presented in the hearing, the board determines that a supplier or other person has committed or is committing a violation, it may issue an appropriate order or take any other action authorized under the provisions of this chapter. Any order or other action taken by the board shall be reduced to writing, and shall specify the findings of fact upon which the order or other action is based. Any supplier or other person affected by any order or other action by the board shall be notified either personally or by mail of such order or other action, and unless waived, a copy of the final order or action shall be delivered or mailed to such supplier or other person or to his attorney of record. An order of the board shall not become effective until ten days after all board action has been concluded, or if appeal is made to the circuit court and bond is posted, until a final order has been entered by the court.

(f)

If the board determines that a party has failed to comply with the terms of its order within the time specified, it shall have the authority to initiate appropriate action in the circuit court to compel compliance.

(g)

Upon failure of a person without a lawful excuse to obey a subpoena issued by the board, and upon reasonable notice to all persons affected, the board may apply to the circuit court for an order compelling compliance.

(h)

Any supplier or other person who violates an order of the board after it has become final, and while such order is in effect, shall forfeit and pay to Pasco County a civil penalty of not more than $1,000.00 for every violation, which shall accrue to the county, and may be recovered by it in a civil action. 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 of obeying a final order of the board, every day of continuance of such failure or neglect shall be deemed a separate offense.

(Laws of Fla. ch. 74-573, § 8; Laws of Fla. ch. 77-628, § 5)