Title XXXIII, Regulation of Trade, Commerce, Investments, and Solicitations

(1) DEFINITIONS.—As used in this section, the term:(a) “Child” or “children” means a consumer or consumers who are under 18 years of age.(b) “Collect” means to buy, rent, gather, obtain, receive, save, store, or access any personal information pertaining to a child.(c) “Dark patt…

(1) As used in this section, the term:(a) “Account holder” means a resident who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform when the social media platform knows or has …

(1) As used in this section, the term:(a) “Anonymous age verification” has the same meaning as in s. 501.1738.(b) “Commercial entity” includes a corporation, a limited liability company, a partnership, a limited partnership, a sole proprietorship, and any other legally recognized…

(1) As used in this section, the term “anonymous age verification” means a commercially reasonable method used by a government agency or a business for the purpose of age verification which is conducted by a nongovernmental, independent third party organized under the laws of a s…

This part shall be known and may be cited as the “Florida Deceptive and Unfair Trade Practices Act.”History.—s. 1, ch. 73-124.

The provisions of this part shall be construed liberally to promote the following policies:(1) To simplify, clarify, and modernize the law governing consumer protection, unfair methods of competition, and unconscionable, deceptive, and unfair trade practices.(2) To protect the co…

As used in this chapter, unless the context otherwise requires, the term:(1) “Final judgment” means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expir…

(1) Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.(2) It is the intent of the Legislature that, in construing subsection (1), due consideration and gr…

(1) As used in this section, the term:(a) “Algorithm” means a mathematical set of rules that specifies how a group of data behaves and that will assist in ranking search results and maintaining order or that is used in sorting or ranking content or material based on relevancy or …

(1) As used in this section, the term:(a) “Crowd-funding campaign” means an online fundraising initiative that is intended to receive monetary donations from donors and is created by an organizer in the interest of a beneficiary.(b) “Crowd-funding platform” means an entity doing …

(1) The department may adopt rules which set forth with specificity acts or practices that violate this part and which prescribe procedural rules for the administration of this part. All rules and administrative actions taken by the department shall be pursuant to chapter 120.(2)…

(1) If, by his or her own inquiry or as a result of complaints, the enforcing authority has reason to believe that a person has engaged in, or is engaging in, an act or practice that violates this part, he or she may administer oaths and affirmations, subpoena witnesses or matter…

Whenever criminal or civil intelligence, investigative information, or any other information held by any state or federal agency is available to the department on a confidential or a similarly restricted basis, the department, in the course of the investigation of any violation o…

(1) The enforcing authority may bring:(a) An action to obtain a declaratory judgment that an act or practice violates this part.(b) An action to enjoin any person who has violated, is violating, or is otherwise likely to violate, this part.(c) An action on behalf of one or more c…

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 …

(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) “M…

(1) As used in this section, the term:(a) “Cable service” has the same meaning as in s. 610.103(1).(b) “Video service” has the same meaning as in s. 610.103(11).(c) “Resident” means a resident residing within a service area as set out in s. 610.104(2)(e)5. and (6).(d) “Provider” …

(1) Whenever the Department of Legal Affairs has reason to believe that a person has been, or is, violating this part, and if it appears to the department that a cease and desist order against such violation would be in the interest of the public, it shall issue and serve upon su…

If the enforcing authority receives a complaint or other information relating to noncompliance with this act by a person who is subject to other supervision in this state, the enforcing authority shall inform the official or agency having that supervision.History.—s. 1, ch. 73-12…

(1) Any moneys received by an enforcing authority for attorney fees and costs of investigation or litigation in proceedings brought under the provisions of s. 501.207, s. 501.208, or s. 501.211 shall be deposited as received in the Legal Affairs Revolving Trust Fund if the action…

(1) In any civil litigation resulting from an act or practice involving a violation of this part, except as provided in subsection (5), the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, may receive his or her reasonable attorney’s fees…

(1) Without regard to any other remedy or relief to which a person is entitled, anyone aggrieved by a violation of this part may bring an action to obtain a declaratory judgment that an act or practice violates this part and to enjoin a person who has violated, is violating, or i…

This part does not apply to:(1) An act or practice required or specifically permitted by federal or state law.(2) Except as provided in s. 501.2041, a publisher, broadcaster, printer, or other person engaged in the dissemination of information or the reproduction of printed or pi…

(1) The remedies of this part are in addition to remedies otherwise available for the same conduct under state or local law.(2) This part is supplemental to, and makes no attempt to preempt, local consumer protection ordinances not inconsistent with this part.History.—s. 1, ch. 7…

This part may be cited as the “Aftermarket Crash Parts Act.”History.—s. 1, ch. 89-241.

The purpose of this part is to regulate the use of aftermarket crash parts by requiring disclosure when any use is proposed in an insurance estimate of a nonoriginal equipment manufacturer aftermarket crash part.History.—s. 2, ch. 89-241.

As used in this part:(1) “Aftermarket crash part” means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.(2) “Insurer” includes an insurance company and any person …

In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer or the repair facility, or both, shall clearly identify each such part. A disclosure shall be attached to,…

(1) Any violation of this part by an insurer shall be deemed a violation of the Unfair Insurance Trade Practices Act, part IX, chapter 626.(2) Any violation of this part by a repair facility shall be deemed a violation of the Florida Deceptive and Unfair Trade Practices Act, part…

This part may be cited as the “Florida Telemarketing Act.”History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429.

The provisions of this part shall be construed liberally to promote the general welfare of the public and the integrity of the telemarketing industry.History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429.

As used in this part, unless the context otherwise requires, the term:(1) “Commercial telephone solicitation” means:(a) An unsolicited telephone call to a person initiated by a commercial telephone seller or salesperson, or an automated dialing machine used in accordance with the…

The provisions of this part, except ss. 501.608 and 501.616(6) and (7), do not apply to:(1) A person engaging in commercial telephone solicitation where the solicitation is an isolated transaction and not done in the course of a pattern of repeated transactions of like nature.(2)…

(1) Before doing business in this state, a commercial telephone seller or an entity providing substance abuse marketing services in accordance with s. 397.55 shall obtain a license from the department. Doing business in this state includes either telephone solicitation from a loc…

(1) With respect to any person identified pursuant to s. 501.605, an applicant for a license as a commercial telephone seller or as an entity providing substance abuse marketing services must state in his or her application the identity of any affiliated commercial seller or sale…

(1) An applicant for a license as a salesperson must submit to the department, in such form as it prescribes, a written application for a license. The application must set forth the following information:(a) The true name, date of birth, driver license number or other valid form …

(1)(a) The department shall issue to each approved applicant a license in such form and size as is prescribed by the department and, in the case of a commercial telephone seller who is not exempt under the provisions of s. 501.604, shall issue a license for each location at which…

(1) Each person licensed under the provisions of this part must renew his or her license annually by paying the fee for licensing and submitting to the department the application required by this part.(2) Except as otherwise provided in subsection (3), if any material change in t…

(1) An application filed pursuant to s. 501.605 must be accompanied by:(a) A bond executed by a corporate surety approved by the department and licensed to do business in this state;(b) An irrevocable letter of credit issued for the benefit of the applicant by a bank whose deposi…

(1) The department may enter an order directing that one or more of the actions set forth in subsection (2) be taken if the department finds that a commercial telephone seller or salesperson or an entity providing substance abuse marketing services, or any person applying for lic…

(1) Within the first 30 seconds of a telephone call, a commercial telephone seller or salesperson shall identify herself or himself by stating her or his true name, the company on whose behalf the solicitation is being made, and the consumer goods or services being sold.(2) If a …

If a commercial telephone seller expressly or impliedly represents to any prospective purchaser, directly or through a salesperson, that the purchaser is or may be eligible to receive any gift, premium, bonus, or prize, however denominated, the commercial telephone seller shall s…

(1) A purchase of consumer goods or services ordered as a result of a commercial telephone solicitation as defined in this part, if not followed by a signed written contract, is not final. If a contract is not made in compliance with this section, it is not valid and enforceable …

(1) A commercial telephone seller or salesperson may not directly or indirectly accept a novelty payment, as defined in s. 501.603(8) or by rule, as payment for goods or services offered or sold through telemarketing.(2) A commercial telephone seller may not employ or be affiliat…

(1) If, by her or his own inquiries or as a result of complaints, the enforcing authority has reason to believe that a person has engaged in, or is engaging in, an act or practice that violates this part, she or he may administer oaths and affirmations, subpoena witnesses or matt…

A commercial telephone seller shall keep all of the following information for 2 years after the date the information first becomes part of the seller’s business records:(1) The name and telephone number of each consumer contacted by a telephone sales call.(2) All express requests…