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. 501.2077

501.2077 Violations involving senior citizen, person who has a disability, military servicemember, or the spouse or dependent child of a military servicemember; civil penalties; presumption.—

(1) As used in this section, the term:

(a) “Major life activities” means functions associated with the normal activities of independent daily living, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(b) “Mental or educational impairment” means:

1. A mental or psychological disorder or specific learning disability.

2. An educational deficiency that substantially affects a person’s ability to read and comprehend the terms of any contractual agreement entered into.

1. “Active duty” has the same meaning as provided in s. 250.01.

2. “Veteran” has the same meaning as provided in s. 1.01.

(d) “Person who has a disability” means a person who has a mental or educational impairment that substantially limits one or more major life activities.

(e) “Senior citizen” means a person who is 60 years of age or older.

(2) A person who is willfully using, or has willfully used, a method, act, or practice in violation of this part which victimizes or attempts to victimize a senior citizen or a person who has a disability is liable for a civil penalty of not more than $15,000 for each such violation if she or he knew or should have known that her or his conduct was unfair or deceptive.

(3) A person who is willfully using, or has willfully used, a method, act, or practice in violation of this part directed at a military servicemember or the spouse or dependent child of a military servicemember is liable for a civil penalty of not more than $15,000 for each such violation if she or he knew or should have known that her or his conduct was unfair or deceptive.

(4) An order of restitution or reimbursement based on a violation of this part committed against a senior citizen, a person who has a disability, a military servicemember, or the spouse or dependent child of a military servicemember has priority over the imposition of civil penalties for such violations pursuant to this section.

(5) Civil penalties collected pursuant to this section shall be deposited into the Legal Affairs Revolving Trust Fund of the Department of Legal Affairs and allocated solely to the Department of Legal Affairs for the purpose of preparing and distributing consumer education materials, programs, and seminars to benefit senior citizens, persons who have a disability, and military servicemembers or to further enforcement efforts.

History.—s. 2, ch. 92-40; s. 10, ch. 93-38; s. 631, ch. 97-103; s. 6, ch. 2003-179; s. 1, ch. 2013-210.

F.S. 501.2077 on Google Scholar

F.S. 501.2077 on Casetext

Amendments to 501.2077

Arrestable Offenses / Crimes under Fla. Stat. 501.2077

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 501.2077.

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)

. . . damages to the consumers or governmental entities” injured by an “unlawful act or practice,” Section 501.2077 . . . This language .was moved to subsection (4) of section 501.2077, Florida Statutes, in 2013. . . . See § 501.2077(4), Fla. Stat. (2013). . . . .

MAKAEFF, v. TRUMP UNIVERSITY, LLC, a DONALD J. TRUMP, DOES, 145 F. Supp. 3d 962 (S.D. Cal. 2015)

. . . . §. 501.2077(1)(e). Like Defendant TU, Mr. . . .

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. . . .

In MILLER, M. E. v., 418 B.R. 406 (Bankr. N.D. Fla. 2009)

. . . In Count III, the Debtor asserts a claim under § 501.2077 of the Florida Deceptive and Unfair Trade Practices . . . The specific provision the Plaintiff claims that the Defendant has violated is § 501.2077. . . .

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)

. . . Section 501.2075 is entitled “civil penalty” and states, in relevant part, that Except as provided in s. 501.2077 . . .

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

. . . 501.2075 (providing civil penalties for the willful use of an unlawful “method, act, or practice”); 501.2077 . . .