Fla. Stat. 634.338
Prohibited practices; hearings; procedure; service of process


(1)

Whenever the department or office has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in s. 634.336, or is engaging in the business of home warranty without being properly licensed as required by this part, and that a proceeding by the department or office in respect thereto would be in the interest of the public, the department or office shall conduct or cause to have conducted a hearing in accordance with chapter 120.

(2)

The department or office, a duly empowered hearing officer, or an administrative law judge shall, during the conduct of such hearing, have those powers enumerated in s. 120.569; however, the penalty for failure to comply with a subpoena or with an order directing discovery is limited to a fine not to exceed $1,000 per violation.

(3)

A statement of charges, notice, or order under this part may be served by anyone duly authorized by the department or office, either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy thereof to the person affected by such statement, notice, order, or other process at her or his or its residence or principal office or place of business. The verified return by the person so serving such statement, notice, order, or other process, setting forth the manner of the service is proof of the same; and the return postcard receipt for such statement, notice, order, or other process, certified and mailed as provided in this subsection, is proof of service of the same.

Source: Section 634.338 — Prohibited practices; hearings; procedure; service of process, https://www.­flsenate.­gov/Laws/Statutes/2024/0634.­338 (accessed Aug. 7, 2025).

634.34
Appeals from orders of the department or office
634.301
Definitions
634.302
Powers of department, commission, and office
634.303
License required
634.304
Qualifications for license
634.305
Required deposit or bond
634.306
Application for and issuance of license
634.307
License expiration
634.308
Grounds for suspension or revocation of license
634.309
Procedure to suspend or revoke license
634.310
Order, notice of suspension or revocation of license
634.311
Duration of suspension
634.312
Forms
634.313
Tax on premiums
634.314
Examination of associations
634.315
Service of process
634.317
License and appointment required
634.318
License and appointment of sales representatives
634.319
Reporting and accounting for funds
634.320
Grounds for compulsory refusal, suspension, or revocation of license or appointment of sales representatives
634.321
Grounds for discretionary refusal, suspension, or revocation of license or appointment of sales representatives
634.322
Procedure for refusal, suspension, or revocation of license or appointment of sales representatives
634.323
Administrative fine in lieu of suspension or revocation of sales representative’s license or appointment
634.324
Disposition of taxes and fees
634.325
Insurance business not authorized
634.326
Fronting not permitted
634.327
Applicability to warranty on new home
634.328
Penalty for violation
634.329
Dissolution or liquidation
634.331
Coverage of property for sale
634.335
Unfair methods of competition and unfair or deceptive acts or practices prohibited
634.336
Unfair methods of competition and unfair or deceptive acts or practices defined
634.337
Power of department and office to examine and investigate
634.338
Prohibited practices
634.339
Cease and desist and penalty orders
634.341
Penalty for violation of cease and desist order
634.342
Injunctive proceedings
634.343
Civil liability
634.344
Coercion of debtor prohibited
634.346
Home warranty coverage requirements
634.348
Investigatory records
634.3025
Part exclusive
634.3051
Levy upon deposit limited
634.3073
Acquisition
634.3076
Prohibited investments and loans
634.3077
Financial requirements
634.3078
Assets and liabilities
634.3112
Administrative fine in lieu of suspension or revocation of license of association
634.3123
Noncompliant forms
634.3135
Office records required
634.3205
Rebating
634.3225
Duration of suspension or revocation of license or appointment
634.3284
Civil remedy
634.3385
Unauthorized entities

Current through Fall 2025

§ 634.338. Prohibited practices; hearings; procedure; service of process's source at flsenate​.gov