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Florida Statutes, Title XXXIII

Florida/Statutes

← All Florida coverage

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

48 chapters · 1,668 sections in this title.

All chapters in Title XXXIII1,668 Ch 501, Consumer Protection163 Ch 497, Funeral, Cemetery, and Consumer Services131 Ch 559, Regulation of Trade, Commerce, and I…119 Ch 553, Building Construction Standards111 Ch 499, Florida Drug and Cosmetic Act82 Ch 520, Retail Installment Sales80 Ch 509, Lodging and Food Service Establishme…75 Ch 550, Pari-mutuel Wagering74 Ch 560, Money Services Businesses67 Ch 494, Loan Originators and Mortgage Brokers50 Ch 548, Pugilistic Exhibitions49 Ch 517, Securities Transactions45 Ch 500, Food Products39 Ch 526, Sale of Liquid Fuels; Brake Fluid39

1,668 sections·Filtered byTitle XXXIII✕

Fla. Stat. § 501.1375 Deposits received for purchase of residential dwelling units; placement in escrow; waiver; exceptions
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(1) DEFINITIONS.—(a) “Building contractor” means any person who, for compensation, constructs and sells one-family or two-family residential dwelling units, except for a person who sells or constructs less than 10 units per year statewide.(b) “Developer” means either a building c…
Fla. Stat. § 501.1377 Violations involving homeowners during the course of residential foreclosure proceedings
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(1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that homeowners who are in default on their mortgages, in foreclosure, or at risk of losing their homes due to nonpayment of taxes may be vulnerable to fraud, deception, and unfair dealings with foreclosure-rescue consult…
Fla. Stat. § 501.138 Advertising of previews or trailers; standards
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(1) Any motion picture theater owner or operator who desires to exhibit, on the same program, a motion picture which has received a “G” rating and which he or she advertises as “G” rated, and a preview or trailer of a motion picture which has not received a “G” rating, shall in a…
Fla. Stat. § 501.139 Advertisements for legal services

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(1) As used in this section, the term:(a) “Advertisement for legal services” means any representation disseminated in any manner through a media entity for the purpose of soliciting prospective clients for legal services. The term includes such solicitation by a person with the i…

Fla. Stat. § 501.1391 Fraud prevention in the advertisement of immigration services

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(1) A business or person offering immigration services, other than a person holding an active license to practice law in this state or otherwise permitted to practice law or represent others under federal law in an immigration matter, must post on the business’s or person’s main …

Fla. Stat. § 501.141 Delivery of crated goods; written statement of satisfaction; right to cancel

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(1) As used in this section, “statement of satisfaction” means any receipt, statement, or document by which any retail noncommercial buyer of goods, which goods are to be delivered or are delivered in any box, crate, or other covering which hides the goods from view, is requested…

Fla. Stat. § 501.142 Retail sales establishments; preemption; notice of refund policy; exceptions; penalty

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(1) The regulation of refunds is preempted to the Department of Agriculture and Consumer Services notwithstanding any other law or local ordinance to the contrary. Every retail sales establishment offering goods for sale to the general public that offers no cash refund, credit re…

Fla. Stat. § 501.145 Bedding Label Act

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(1) SHORT TITLE.—This section may be cited as the Bedding Label Act.(2) DEFINITIONS.—For the purpose of this section, the term:(a) “Bedding” means any mattress, box spring, pillow, or cushion made of leather or any other material which is or can be stuffed or filled in whole or i…

Fla. Stat. § 501.155 Electronic dissemination of commercial recordings or audiovisual works; required disclosures; injunctive relief

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(1) SHORT TITLE.—This section may be cited as the “True Origin of Digital Goods Act.”(2) APPLICABILITY.—This section is supplemental to those provisions of state and federal criminal and civil law which impose prohibitions or provide penalties, sanctions, or remedies against the …

Fla. Stat. § 501.160 Rental or sale of essential commodities during a declared state of emergency; prohibition against unconscionable prices

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(1) As used in this section:(a) “Commodity” means any goods, services, materials, merchandise, supplies, equipment, resources, or other article of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or …

Fla. Stat. § 501.164 Civil penalties

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In addition to all other remedies provided by the Florida Deceptive and Unfair Trade Practices Act, the court may impose a civil penalty of not more than $1,000 per violation with an aggregate total not to exceed $25,000 for any 24-hour period against any person who violates the …

Fla. Stat. § 501.165 Automatic renewal of service contracts

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(1) DEFINITIONS.—As used in this section:(a) “Automatic renewal provision” means a provision under which a service contract is renewed for a specified period of more than 1 month if the renewal causes the service contract to be in effect more than 6 months after the day of the in…

Fla. Stat. § 501.171 Security of confidential personal information

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(1) DEFINITIONS.—As used in this section, the term:(a) “Breach of security” or “breach” means unauthorized access of data in electronic form containing personal information. Good faith access of personal information by an employee or agent of the covered entity does not constitut…

Fla. Stat. § 501.1735 Protection of children in online spaces; public records exemption

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(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…

Fla. Stat. § 501.1736 Social media use for minors

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(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 …

Fla. Stat. § 501.1737 Age verification for online access to materials harmful to minors

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(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…

Fla. Stat. § 501.1738 Anonymous age verification

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(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…

Fla. Stat. § 501.201 Short title

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

Fla. Stat. § 501.202 Purposes; rules of construction

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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…

Fla. Stat. § 501.203 Definitions

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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…

Fla. Stat. § 501.204 Unlawful acts and practices

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(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…

Fla. Stat. § 501.2041 Unlawful acts and practices by social media platforms

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(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 …

Fla. Stat. § 501.2042 Unlawful acts and practices by online crowd-funding campaigns

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(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 …

Fla. Stat. § 501.205 Rulemaking authority

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(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)…

Fla. Stat. § 501.206 Investigative powers of enforcing authority

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(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…

Fla. Stat. § 501.2065 Confidentiality of intelligence or investigative information

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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…

Fla. Stat. § 501.207 Remedies of enforcing authority

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(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…

Fla. Stat. § 501.2075 Civil penalty

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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 …

Fla. Stat. § 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

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(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…

Fla. Stat. § 501.2079 Violations involving discrimination in the provision of video services

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(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” …

Fla. Stat. § 501.208 Cease and desist orders; procedures

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(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…

Fla. Stat. § 501.209 Other supervision

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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…

Fla. Stat. § 501.2101 Enforcing authorities; moneys received in certain proceedings

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(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…

Fla. Stat. § 501.2105 Attorney’s fees

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(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…

Fla. Stat. § 501.211 Other individual remedies

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(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…

Fla. Stat. § 501.212 Application

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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…

Fla. Stat. § 501.213 Effect on other remedies

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(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…

Fla. Stat. § 501.30 Short title

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

Fla. Stat. § 501.31 Legislative purpose

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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.

Fla. Stat. § 501.32 Definitions

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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 …

Fla. Stat. § 501.33 Disclosure

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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,…

Fla. Stat. § 501.34 Enforcement

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(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…

Fla. Stat. § 501.601 Short title

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

Fla. Stat. § 501.602 Purpose

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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.

Fla. Stat. § 501.603 Definitions

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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…

Fla. Stat. § 501.604 Exemptions

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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)…

Fla. Stat. § 501.605 Licensure of commercial telephone sellers and entities providing substance abuse marketing services

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(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…

Fla. Stat. § 501.606 Disclosures required of commercial telephone sellers and entities providing substance abuse marketing services

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(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…

Fla. Stat. § 501.607 Licensure of salespersons

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(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 …

Fla. Stat. § 501.608 License or affidavit of exemption; occupational license

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(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…