(1) The division may issue a citation for unlicensed activity upon a finding of probable cause that activity requiring a permit, certificate, or license is being performed without a valid permit, certificate, or license. The citation constitutes a stop work order that may be enforced by the division.

(a) The citation shall be in a form prescribed by rule. The division may adopt rules to administer this section, including a schedule of penalties.

Terms Used In Florida Statutes 399.16

  • Division: means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. See Florida Statutes 399.01
  • Elevator: means one of the following mechanical devices:
    (a) A hoisting and lowering mechanism, equipped with a car and platform that moves in guide rails and serves two or more landings to transport material or passengers or both. See Florida Statutes 399.01
  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(b) The division shall issue a citation to the owner of an unlicensed elevator, to unlicensed elevator personnel, or to the owner of an unregistered elevator company.
(c) The activity for which a citation is issued shall cease upon receipt of the citation, and the person who receives the citation must correct the violation and respond to the civil penalty, which may not exceed $1,000 per violation, or request an administrative hearing pursuant to chapter 120.
(2) Each day that a violation continues constitutes a separate violation.
(3) The remedies in this section are not exclusive and may be imposed in addition to other remedies in this chapter.
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