The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 501
CONSUMER PROTECTION

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F.S. 501.2075

501.2075 Civil penalty.—Except as provided in s. 501.2077, any person, firm, corporation, association, or entity, or any agent or employee of the foregoing, who is willfully using, or has willfully used, a method, act, or practice declared unlawful under s. 501.204, or who is willfully violating any of the rules of the department adopted under this part, is liable for a civil penalty of not more than $10,000 for each such violation. Willful violations occur when the person knew or should have known that his or her conduct was unfair or deceptive or prohibited by rule. This civil penalty may be recovered in any action brought under this part by the enforcing authority; or the enforcing authority may terminate any investigation or action upon agreement by the person, firm, corporation, association, or entity, or the agent or employee of the foregoing, to pay a stipulated civil penalty. The department or the court may waive any such civil penalty if the person, firm, corporation, association, or entity, or the agent or employee of the foregoing, has previously made full restitution or reimbursement or has paid actual damages to the consumers or governmental entities who have been injured by the unlawful act or practice or rule violation. If civil penalties are assessed in any litigation, the enforcing authority is entitled to reasonable attorney’s fees and costs. A civil penalty so collected shall accrue to the state and shall be deposited as received into the General Revenue Fund unallocated.

History.—s. 3, ch. 83-117; s. 1, ch. 92-40; s. 5, ch. 92-133; s. 9, ch. 93-38; s. 630, ch. 97-103; s. 4, ch. 2001-39; s. 25, ch. 2001-214.

F.S. 501.2075 on Google Scholar

F.S. 501.2075 on Casetext

Amendments to 501.2075

Arrestable Offenses / Crimes under Fla. Stat. 501.2075

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 501.2075.

Annotations, Discussions, Cases:

Cases from cite.case.law:

OUTREACH HOUSING, LLC, L. v. OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS,, 221 So. 3d 691 (Fla. Dist. Ct. App. 2017)

. . . The court then considered whether to grant a civil penalty pursuant to section 501.2075, Florida Statutes . . . Section 501.2075, Florida Statutes, provides that the department or court may waive a civil penalty if . . .

DANA S RAILROAD SUPPLY, TM LLC, s v. ATTORNEY GENERAL, FLORIDA,, 807 F.3d 1235 (11th Cir. 2015)

. . . . §§ 501.206(5), 501.207, 501.2075, 501.2077, 501.208(7), 501.211. . . .

DIAMOND AIRCRAFT INDUSTRIES, INC. v. HOROWITCH,, 107 So. 3d 362 (Fla. 2013)

. . . See §§ 501.204, 501.2075, Fla. Stat. (2011). . . .

D. GENTRY, v. HARBORAGE COTTAGES- STUART, LLLP,, 602 F. Supp. 2d 1239 (S.D. Fla. 2009)

. . . See § 501.2075, Fla. Stat, (containing the FDUTPA’s civil penalty-provision). 2. . . .

ARMY AVIATION HERITAGE FOUNDATION AND MUSEUM, INC. A v. BUIS, d b a d b a, 504 F. Supp. 2d 1254 (N.D. Fla. 2007)

. . . Stat. 501.2075. . . . Section 501.2075 is entitled “civil penalty” and states, in relevant part, that Except as provided in . . . Stat. § 501.2075. . . . Further, although I recognize that the civil penalty in § 501.2075 is applicable only to actions commenced . . .

PNR, INC. v. BEACON PROPERTY MANAGEMENT, INC., 842 So. 2d 773 (Fla. 2003)

. . . See also §§ 501.2075 (providing civil penalties for the willful use of an unlawful “method, act, or practice . . .

TV INC. v. STATE OFFICE OF THE ATTORNEY GENERAL,, 794 So. 2d 744 (Fla. Dist. Ct. App. 2001)

. . . Section 501.2075, Florida Statutes, provides for a civil penalty for willful violation of the act of . . . There is no provision in section 501.2075 for separate penalties for multiple days of a continuing offense . . . per diem penalties under section 501.208, we conclude that the absence of similar language in section 501.2075 . . . did not intend to authorize the imposition of daily penalties for continuing conduct under section 501.2075 . . .

MILLENNIUM COMMUNICATIONS FULFILLMENT, INC. v. OFFICE OF ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,, 761 So. 2d 1256 (Fla. Dist. Ct. App. 2000)

. . . practice found to be in violation of chapter 501, part II, Florida Statutes (1997) pursuant to section 501.2075 . . .

STATE v. SOBIECK,, 701 So. 2d 96 (Fla. Dist. Ct. App. 1997)

. . . 000.00 for two separate actions which involved unfair and deceptive trade practices, pursuant to section 501.2075 . . . fined $10,000.00 for two willful violations of the Deceptive and Unfair Trade practices Act, section 501.2075 . . .

W. SARKIS W. v. PAFFORD OIL COMPANY, INC. a a, 697 So. 2d 524 (Fla. Dist. Ct. App. 1997)

. . . . § 501.2075, Fla.Stat. (1995). . . .

DEPARTMENT OF LEGAL AFFAIRS, v. FATHER AND SON MOVING STORAGE, INC., 643 So. 2d 22 (Fla. Dist. Ct. App. 1994)

. . . Furthermore, section 501.2075 provides a civil penalty for any entity “who engages in any act or practice . . .

JONES v ORLANDO SECOND CAR CENTER, INC., 30 Fla. Supp. 2d 105 (Fla. Cir. Ct. 1988)

. . . Compare §§ 501.202 and 501.211(2) with § 501.2075, Fla. Stat. (1985). . . .