Fla. Stat. 641.445
Defined practices; hearings, witnesses, appearances, production of books, and service of process

(1)

Whenever the office has reason to believe that a person, entity, or prepaid health clinic 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. 641.441, or is operating a prepaid health clinic without a certificate of authority as required by this part or otherwise operating in violation of any provision of this part or rule adopted pursuant to this part, and that a proceeding by the office in respect thereto would be in the interest of the public, the office shall conduct, or cause to have conducted, a hearing in accordance with chapter 120.

(2)

The 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 the 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 office, either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy of the statement of charges, notice, or order to the person, entity, or prepaid health clinic affected by the statement, notice, or order or other process at his or her or its residence or principal office or place of business. The verified return by the person so serving such statement, notice, or order or other process, setting forth the manner of the service, is proof of such service; and the return postcard receipt for such statement, notice, or order or other process, certified and mailed as provided in this subsection, is proof of the service of the statement, notice, or order or other process.

Source: Section 641.445 — Defined practices; hearings, witnesses, appearances, production of books, and service of process, https://www.­flsenate.­gov/Laws/Statutes/2024/0641.­445 (accessed Aug. 7, 2025).

641.40
Short title 641.41
Annual report of prepaid health clinic 641.42
Prepaid health clinic contracts 641.43
Provider contracts 641.44
Unfair methods of competition and unfair or deceptive acts or practices prohibited 641.45
Revocation or cancellation of certificate of authority 641.401
Declaration of legislative intent, findings, and purposes 641.402
Definitions 641.403
Rulemaking authority 641.405
Application for certificate of authority to operate prepaid health clinic 641.406
Issuance of certificate of authority 641.407
Minimum surplus 641.408
Use of certain words prohibited in the name of a prepaid health clinic 641.409
Insolvency protection 641.411
Other reporting requirements 641.412
Fees 641.414
Investment of funds of prepaid health clinic 641.416
Acquisition 641.418
Examination of prepaid health clinic by the office 641.419
Rehabilitation, liquidation, conservation, or dissolution of prepaid health clinic 641.421
Language used in contracts and advertisements 641.422
Contract provisions incorporating charter or bylaw provisions 641.423
Execution of contracts 641.424
Validity of noncomplying contracts 641.425
Construction of contracts 641.426
Delivery of contract to subscriber 641.427
Notice of cancellation, termination, or nonrenewal of contract 641.428
Nondiscrimination of coverage for certain surgical procedures involving bones or joints 641.429
Acceptable payments to prepaid health clinic 641.432
Providers of service 641.437
Investigatory power of office 641.438
Genetic information restrictions 641.441
Unfair methods of competition and unfair or deceptive acts or practices defined 641.442
Penalty for operation of prepaid health clinic, or issuance, delivery, or renewal of prepaid health clinic contract, without certificate of authority 641.443
Temporary restraining orders 641.444
Injunction 641.445
Defined practices 641.446
Cease and desist and penalty orders 641.447
Appeal from order 641.448
Penalty for violation of cease and desist order 641.452
Administrative penalty in lieu of suspension or revocation of certificate of authority 641.453
Civil liability 641.454
Civil action to enforce prepaid health clinic contract 641.455
Disposition of moneys collected under this part 641.457
Exemption for certain operational prepaid health clinics 641.459
Construction and relationship to other laws 641.4015
Part exclusive 641.4065
Insurance business not authorized 641.4091
Levy upon deposit

Current through Fall 2025

§ 641.445. Defined practices; hearings, witnesses, appearances, production of books, & service of process's source at flsenate​.gov