Florida Statutes

Title XXXIII Regulation Of Trade, Commerce, Investments, And Solicitations

Chapter 501 Consumer Protection

Part I - General Provisions (ss. 501.001-501.164)

Part II - Deceptive And Unfair Trade Practices (ss. 501.201-501.213)

  • §501.201   Short title.
    This part shall be known and may be cited as the "Florida Deceptive and Unfair Trade Practices Act." History.--s. 1, ch. 73-124. ...
  • §501.202   Purposes; rules of construction.
    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...
  • §501.203   Definitions.
    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...
  • §501.204   Unlawful acts and practices.
    (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...
  • §501.205   Rulemaking authority.
    (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...
  • §501.206   Investigative powers of enforcing authority.
    (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...
  • §501.2065   Confidentiality of intelligence or investigative information.
    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...
  • §501.207   Remedies of enforcing authority.
    (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...
  • §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,...
  • §501.2077   Violations involving senior citizen or handicapped person; civil penalties; presumption.
    (1)  As used in this section: (a)  "Senior citizen" means a person who is 60 years of age or older. (b)  "Handicapped person" means any person who has...
  • §501.2078   Violations involving individual homeowners during the course of residential foreclosure proceedings; civil penalties.
    (1)  As used in this section: (a)  "Homeowner" means any individual who is the owner of the property subject to a residential foreclosure proceeding. (b)  "Residential foreclosure proceeding"...
  • §501.2079   Violations involving discrimination in the provision of video services.
    (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...
  • §501.208   Cease and desist orders; procedures.
    (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...
  • §501.209   Other supervision.
    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...
  • §501.2101   Enforcing authorities; moneys received in certain proceedings.
    (1)  Any moneys received by an enforcing authority for attorney's fees and costs of investigation or litigation in proceedings brought under the provisions of s. 501.207,...
  • §501.2105   Attorney's fees.
    (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,...
  • §501.211   Other individual remedies.
    (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...
  • §501.212   Application.
    This part does not apply to: (1)  An act or practice required or specifically permitted by federal or state law. (2)  A publisher, broadcaster, printer, or other...
  • §501.213   Effect on other remedies.
    (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...

Part III - Aftermarket Crash Parts Act (ss. 501.30-501.34)

  • §501.30   Short title.
    This part may be cited as the "Aftermarket Crash Parts Act." History.--s. 1, ch. 89-241. ...
  • §501.31   Legislative purpose.
    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...
  • §501.32   Definitions.
    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...
  • §501.33   Disclosure.
    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...
  • §501.34   Enforcement.
    (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...

Part IV - Florida Telemarketing Act (ss. 501.601-501.626)

  • §501.601   Short title.
    This part may be cited as the "Florida Telemarketing Act." History.--ss. 1, 2, ch. 91-237; s. 4, ch. 91-429. ...
  • §501.602   Purpose.
    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....
  • §501.603   Definitions.
    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...
  • §501.604   Exemptions.
    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...
  • §501.605   Licensure of commercial telephone sellers.
    (1)  Prior to doing business in this state, a commercial telephone seller shall obtain a license from the department. Doing business in this state includes either...
  • §501.606   Disclosures required of commercial telephone sellers.
    (1)  With respect to any person identified pursuant to s. 501.605, an applicant for a license as a commercial telephone seller must state in his or...
  • §501.607   Licensure of salespersons.
    (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....
  • §501.608   License or affidavit of exemption; occupational license.
    (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...
  • §501.609   License renewal.
    (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...
  • §501.611   Security.
    (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...
  • §501.612   Grounds for departmental action against licensure applicants or licensees.
    (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...
  • §501.613   General disclosures.
    (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...
  • §501.614   Disclosures of gifts and premiums.
    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...
  • §501.615   Written contract; cancellation; refund.
    (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...
  • §501.616   Unlawful acts and practices.
    (1)  It shall be unlawful for any commercial telephone seller or salesperson to require that payment be by credit card authorization or otherwise to announce a...
  • §501.617   Investigative powers of enforcing authority.
    (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...
  • §501.618   General civil remedies.
    The department may bring: (1)  An action to obtain a declaratory judgment that an act or practice violates the provisions of this part. (2)  An action to...
  • §501.619   Civil penalties.
    Any person who engages in any act or practice declared in this part to be unlawful is liable for a civil penalty of not more...
  • §501.621   Attorney's fees and costs.
    (1)  In any civil action or investigation resulting from a transaction involving a violation of the provisions of this part, except as provided in subsection (3),...
  • §501.622   Criminal prosecuting authority.
    The department may refer such evidence as may be available concerning violations of the provisions of this part or of any rule or order hereunder...
  • §501.623   Criminal penalties.
    (1)  No salesperson shall solicit purchasers on behalf of a commercial telephone seller who is not currently licensed with the department pursuant to the provisions of...
  • §501.624   Exempt businesses; burden of proof.
    In any civil proceeding alleging a violation of the provisions of this part, the burden of proving an exemption specified in s. 501.604 or that...
  • §501.625   Other individual remedies.
    In addition to any other penalties or remedies provided under law, a person who is injured by a violation of the provisions of this part...
  • §501.626   Rulemaking power.
    The department has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this part. History.--ss. 1, 2, ch. 91-237; s. 4,...

Part V - Miscellaneous Provisions (ss. 501.91-501.973)

  • §501.91   Short title.
    Sections 501.91-501.923 may be cited as the "Antifreeze Act of 1978." History.--s. 1, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s....
  • §501.911   Administration of act.
    Sections 501.91-501.923 shall be administered by the Division of Standards of the Department of Agriculture and Consumer Services. History.--s. 2, ch. 78-199; s. 2, ch....
  • §501.912   Definitions.
    As used in ss. 501.91-501.923: (1)  "Antifreeze" means any substance or preparation sold, distributed, or intended for use as the cooling liquid, or to be added...
  • §501.913   Registration.
    (1)  Each brand of antifreeze to be distributed in this state shall be registered with the department prior to distribution. The person whose name appears on...
  • §501.914   Cancellation of registration.
    The department may cancel any registration after due notice and opportunity to be heard if it finds the antifreeze is adulterated or mislabeled or that...
  • §501.915   Adulteration of antifreeze.
    Antifreeze shall be deemed to be adulterated: (1)  If, in the form in which it is sold and directed to be used, it would be ineffective...
  • §501.916   Mislabeling of antifreeze.
    Antifreeze shall be deemed to be mislabeled: (1)  If it does not bear a label that specifies: (a)  The brand of the product. (b)  The identity of the...
  • §501.917   Inspection by department; sampling and analysis.
    The department shall have the right to have access at reasonable hours to all places and property where antifreeze is stored, distributed, or offered or...
  • §501.918   Prohibited activity.
    It is unlawful for any person to: (1)  Distribute any antifreeze which has not been registered in accordance with s. 501.913 or whose labeling is different...
  • §501.919   Enforcement; stop-sale order.
    (1)  When the department finds any lot of antifreeze being distributed in violation of ss. 501.91-501.923 or any of the rules duly promulgated thereunder, the department...
  • §501.92   Formula may be required.
    The department may, if required for the analysis of antifreeze by the laboratory designated by the department for the purpose of registration, require the applicant...
  • §501.921   Standards.
    The department's rules for standards, definitions, and test procedures for antifreeze may encompass those specified by ASTM International. The department may adopt any other specification...
  • §501.922   Violation.
    (1)  The department may enter an order imposing one or more of the following penalties against any person who violates ss. 501.91-501.923 or who impedes, obstructs,...
  • §501.923   Injunctive relief.
    In addition to the remedies provided in this act, and notwithstanding the existence of any adequate remedy at law, the department is hereby authorized to...
  • §501.925   Used watches; sales regulated.
    (1)  The purpose of this law is to identify all watches other than new, with a label or designation of "used" in order to safeguard the...
  • §501.93   Copyright owners and performing rights societies.
    (1)  DEFINITIONS.--As used in this section, the term: (a)  "Business" means a retail establishment, restaurant, bar, lounge, sports or entertainment facility, or any other similar place of...
  • §501.937   Industrial hygienists and safety professionals; use of professional titles; failure to comply.
    (1)  Any person representing himself or herself as a "safety professional" or "industrial hygienist" must accurately disclose his or her credentials. (2)  A person may not represent...
  • §501.95   Gift certificates and credit memos.
    (1)  As used in this section, the term: (a)  "Credit memo" means a certificate, card, stored value card, or similar instrument issued in exchange for returned merchandise...
  • §501.97   Deceptive trade practices; print advertisement; penalties.
    (1)  A person may not misrepresent the geographic location of the supplier of a service or product by listing a fictitious business name or an assumed...
  • §501.971   Fictitious Name Act not abrogated.
    This act is not intended to abrogate or modify the Fictitious Name Act, s. 865.09. Any person who acts in accordance with the requirements of...
  • §501.972   Actions based upon use of a creation that is not protected under federal copyright law.
    (1)  Except as provided in subsection (2), the use of an idea, procedure, process, system, method of operation, concept, principle, discovery, thought, or other creation that...
  • §501.973   Chambers of commerce.
    (1)  For the purposes of this section: (a)  "Business entity" means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously...

Part VI - Unfair Or Deceptive Acts Or Practices; Vehicles (ss. 501.975, 501.976)

  • §501.975   Definitions.
    As used in s. 501.976, the following terms shall have the following meanings: (1)  "Customer" includes a customer's designated agent. (2)  "Dealer" means a motor vehicle dealer...
  • §501.976   Actionable, unfair, or deceptive acts or practices.
    It is an unfair or deceptive act or practice, actionable under the Florida Deceptive and Unfair Trade Practices Act, for a dealer to: (1)  Represent directly...