§ 314.10. Enforcement and penalties.

(a)

This chapter shall be enforced by personnel authorized by the department, county code enforcement officers, and law enforcement officers within their respective jurisdictions.

(b)

The county court shall have jurisdiction over all violations of this chapter.

(c)

The county clerk shall:

(1)

Accept designated fines and issue receipts therefor.

(2)

Provide a uniform citation serially numbered for notifying alleged violators to appear and answer charges of violations of this chapter. Such citation forms shall be issued to and receipted by the department.

(d)

Violation of any provision of this chapter shall be punishable by a fine not to exceed five hundred dollars ($500.00). Any person who has violated any provision of this chapter shall be fined an amount as established by the commission by resolution.

(e)

Any person issued a citation shall be deemed to be charged with a civil violation and shall comply with the directives on the citation.

(f)

Payment shall be made, either by mail or in person, to the violations bureau within the time specified on the citation. If a person follows this procedure, he or she shall be deemed to have admitted the infraction and to have waived his or her right to a hearing on the issue of commission of the infraction.

(g)

All fines collected as a result of the citation shall be paid into an account designated for use by the department.

(h)

Any person who fails to make payment within the specified period shall be deemed to have waived his or her right to pay the civil penalty as set forth in the citation.

(i)

Any person who elects to appear before the court to contest the citation shall be deemed to have waived his or her right to pay the civil penalty. The court, after a hearing, shall make a determination as to whether a violation has occurred and may impose a civil penalty not to exceed five hundred dollars ($500.00) plus court costs.

(j)

If a person fails to pay the civil penalty, or fails to appear in court to contest the citation, he or she shall be deemed to have waived his or her right to contest the citation. A default judgment may be entered and the court shall impose a fine at that time. If the fine is paid, the case shall be dismissed. If the fine is not paid, the judgment may be entered up to the maximum civil penalty.

(k)

Any person cited for an infraction under this chapter shall sign and accept the citation indicating a promise to pay the fine or appear in court. Any person who refuses to sign and accept a citation issued pursuant to this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided by sections 775.082, 775.083 and 775.084, Florida Statutes, as may be amended.

(l)

Failure to comply with the requirements of this chapter shall also constitute a violation of a county ordinance and shall be punishable, upon conviction, pursuant to section 125.69(1), Florida Statutes, as may be amended, by a fine not to exceed five hundred dollars ($500.00) per violation or imprisonment in the county jail not to exceed sixty (60) days in jail, or by both such fine and imprisonment. Each violation of this chapter shall constitute a separate offense. In addition to the sanctions contained herein, the county shall take any other appropriate legal action, including but not limited to, cease and desist orders, other administrative action and requests for temporary and permanent injunctions to enforce the provisions of this chapter. It is the purpose of this chapter to provide additional cumulative remedies.

(m)

In addition to fines, the department may also enforce the provisions of this chapter by one or more of the following actions by the department, upon written notice and hearing as provided in this chapter, unless the person in violation waives the right to a hearing:

(1)

Denying an application for a license pursuant to this chapter.

(2)

Revoking or suspending a license previously granted pursuant to this chapter.

(3)

Placing a title loan lender licensed pursuant to this chapter or an applicant for a license on probation for a period of time and subject to such conditions as the department may specify.

(4)

Issuing a letter of concern or reprimand.

(5)

Placing permanent restrictions or conditions upon issuance or maintenance of a license.

(Ord. No. 99-27, § 10, 9-29-99)