reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part II - Deceptive and Unfair Trade Practices (Ss. 501.201-501.213) › 501.2042 - Unlawful acts and practices by online crowd-funding campaigns.

501.2042 Unlawful acts and practices by online crowd-funding campaigns.—
(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 business in this state which provides an online medium for the creation and facilitation of a crowd-funding campaign.
(c) “Disaster” has the same meaning as
1
in s. 252.34(2).
(d) “Organizer” means a person who:
1. Resides or is domiciled in this state; and
2. Has an account on a crowd-funding platform and has created a crowd-funding campaign either as a beneficiary or on behalf of a beneficiary, regardless of whether the beneficiary or the crowd-funding campaign has received donations.
a. For crowd-funding campaigns related to and arising out of a declared disaster, a crowd-funding platform must:
(I) Collect and retain, for 1 year after the date of the declared disaster, the name, e-mail address, phone number, and state of residence of the organizer.
(II) Require the organizer to indicate, on the crowd-funding campaign, the state in which they are located.
(III) Cooperate with any investigation by or in partnership with law enforcement.
(IV) Clearly display and direct donors to fundraisers that comply with the crowd-funding platform’s terms of service.
b. When an organizer arranges a crowd-funding campaign related to and arising out of a declared disaster, the organizer must attest that:
(I) All information provided in connection with a crowd-funding campaign is accurate, complete, and not likely to deceive users.
(II) All donations contributed to the crowd-funding campaign will be used solely as described in the materials the organizer posts or provides on the crowd-funding platform.
History.—s. 3, ch. 2023-130.
1
Note.—The word “in” was inserted by the editors.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part II - Deceptive and Unfair Trade Practices (Ss. 501.201-501.213) › 501.205 - Rulemaking authority.

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 of this part. All rules and administrative actions taken by the department shall be pursuant to chapter 120.
(2) All substantive rules promulgated under this part must not be inconsistent with the rules, regulations, and decisions of the Federal Trade Commission and the federal courts in interpreting the provisions of s. 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1).
History.—s. 1, ch. 73-124; s. 22, ch. 78-95; s. 2, ch. 79-386; s. 2, ch. 83-117; s. 3, ch. 90-190; s. 1, ch. 92-1; s. 3, ch. 92-133; s. 5, ch. 93-38.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part II - Deceptive and Unfair Trade Practices (Ss. 501.201-501.213) › 501.2065 - Confidentiality of intelligence or investigative information.

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 confidential or a similarly restricted basis, the department, in the course of the investigation of any violation of this part, may obtain and use such information. Any such intelligence or investigative information that is confidential or exempt from the provisions of s. 119.07(1) retains its status as confidential or exempt from the provisions of s. 119.07(1).
History.—s. 5, ch. 90-190; s. 2, ch. 92-1; s. 7, ch. 93-38; s. 334, ch. 96-406.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part II - Deceptive and Unfair Trade Practices (Ss. 501.201-501.213) › 501.2075 - Civil penalty.

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.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part II - Deceptive and Unfair Trade Practices (Ss. 501.201-501.213) › 501.208 - Cease and desist orders; procedures.

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 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 such person a complaint and order stating its charges in that respect and containing a notice of a hearing upon a day and at the place therein fixed at least 30 days after the service of said complaint. Said hearing shall be held in conformity with the provisions of chapter 120.
(2) The department may modify or set aside its order at any time by rehearing upon its own motion when such rehearing is in the interest of the public welfare.
(3) Judicial review of orders of the department shall be in accordance with the provisions of s. 120.68 and shall take precedence over other civil cases pending and shall be expedited in every way.
(4) An order of the department to cease and desist shall not become effective until 10 days after all administrative action has been concluded or, if appeal is made to the district court of appeal and bond is posted, until a final order has been entered by that court.
(5) No cease and desist order shall act as a limitation upon any other action or remedy available to a person aggrieved by a violation of this act.
(6) When a court remands an order of the department for rehearing, such rehearing shall be held within 45 days after the remand.
(7) Any person who violates a cease and desist order of the department after it has become final and while such order is in effect shall forfeit and pay to the state a civil penalty of not more than $5,000 for each violation which shall accrue to the state and may be recovered in a civil action brought by the state. Each separate violation of such an order shall be a separate offense, except that in the case of a violation through continuing failure or neglect to obey a final order of the department, each day of continuance of such failure or neglect shall be deemed a separate offense.
History.—s. 1, ch. 73-124; s. 22, ch. 78-95; s. 4, ch. 79-386.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part II - Deceptive and Unfair Trade Practices (Ss. 501.201-501.213) › 501.209 - Other supervision.

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 in this state, the enforcing authority shall inform the official or agency having that supervision.
History.—s. 1, ch. 73-124; s. 15, ch. 93-38.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part II - Deceptive and Unfair Trade Practices (Ss. 501.201-501.213) › 501.2101 - Enforcing authorities; moneys received in certain proceedings.

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, s. 501.208, or s. 501.211 shall be deposited as received in the Legal Affairs Revolving Trust Fund if the action is brought by the Department of Legal Affairs, and in the Consumer Frauds Trust Fund of the Justice Administrative Commission if the action is brought by a state attorney.
(2) Any moneys received by an enforcing authority and neither received for attorney’s fees and costs of investigation or litigation nor used to reimburse consumers found under this law to be damaged shall accrue to the state and be deposited as received in the General Revenue Fund unallocated.
History.—s. 6, ch. 79-386; s. 6, ch. 92-133; s. 7, ch. 98-299; s. 3, ch. 2003-179; s. 32, ch. 2004-234.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part II - Deceptive and Unfair Trade Practices (Ss. 501.201-501.213) › 501.2105 - Attorney’s fees.

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, after judgment in the trial court and exhaustion of all appeals, if any, may receive his or her reasonable attorney’s fees and costs from the nonprevailing party.
(2) The attorney for the prevailing party shall submit a sworn affidavit of his or her time spent on the case and his or her costs incurred for all the motions, hearings, and appeals to the trial judge who presided over the civil case.
(3) The trial judge may award the prevailing party the sum of reasonable costs incurred in the action plus a reasonable legal fee for the hours actually spent on the case as sworn to in an affidavit.
(4) Any award of attorney’s fees or costs shall become a part of the judgment and subject to execution as the law allows.
(5) In any civil litigation initiated by the enforcing authority, the court may award to the prevailing party reasonable attorney’s fees and costs if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or if the court finds bad faith on the part of the losing party.
(6) In any administrative proceeding or other nonjudicial action initiated by an enforcing authority, the attorney for the enforcing authority may certify by sworn affidavit the number of hours and the cost thereof to the enforcing authority for the time spent in the investigation and litigation of the case plus costs reasonably incurred in the action. Payment to the enforcing authority of the sum of such costs may be made by stipulation of the parties a part of the final order or decree disposing of the matter. The affidavit shall be attached to and become a part of such order or decree.
History.—s. 1, ch. 73-124; s. 5, ch. 79-386; s. 11, ch. 93-38; s. 4, ch. 94-298; s. 632, ch. 97-103.
Note.—Former s. 501.210.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part II - Deceptive and Unfair Trade Practices (Ss. 501.201-501.213) › 501.211 - Other individual remedies.

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 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 is otherwise likely to violate this part.
(2) In any action brought by a person who has suffered a loss as a result of a violation of this part, such person may recover actual damages, plus attorney’s fees and court costs as provided in s. 501.2105. However, damages, fees, or costs are not recoverable under this section against a retailer who has, in good faith, engaged in the dissemination of claims of a manufacturer or wholesaler without actual knowledge that it violated this part.
(3) In any action brought under this section, upon motion of the party against whom such action is filed alleging that the action is frivolous, without legal or factual merit, or brought for the purpose of harassment, the court may, after hearing evidence as to the necessity therefor, require the party instituting the action to post a bond in the amount which the court finds reasonable to indemnify the defendant for any damages incurred, including reasonable attorney’s fees. This subsection shall not apply to any action initiated by the enforcing authority.
History.—s. 1, ch. 73-124; s. 37, ch. 91-220; s. 12, ch. 93-38; s. 6, ch. 2001-39; s. 27, ch. 2001-214.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part II - Deceptive and Unfair Trade Practices (Ss. 501.201-501.213) › 501.212 - Application.

501.212 Application.—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 pictorial matter, insofar as the information or matter has been disseminated or reproduced on behalf of others without actual knowledge that it violated this part.
(3) A claim for personal injury or death or a claim for damage to property other than the property that is the subject of the consumer transaction.
(4) Any person or activity regulated under laws administered by:
(a) The Office of Insurance Regulation of the Financial Services Commission;
(b) Banks, credit unions, and savings and loan associations regulated by the Office of Financial Regulation of the Financial Services Commission;
(c) Banks, credit unions, and savings and loan associations regulated by federal agencies; or
(d) Any person or activity regulated under the laws administered by the former Department of Insurance which are now administered by the Department of Financial Services.
(5) Any activity regulated under laws administered by the Florida Public Service Commission.
(6) An act or practice involving the sale, lease, rental, or appraisal of real estate by a person licensed, certified, or registered pursuant to chapter 475, which act or practice violates s. 475.42 or s. 475.626.
(7)(a) Causes of action pertaining to commercial real property located in this state if the parties to the action executed a written lease or contract that expressly provides for the process of resolution of any dispute and the award of damages, attorney’s fees, and costs, if any; or
(b) Causes of action concerning failure to maintain real property if the Florida Statutes:
1. Require the owner to comply with applicable building, housing, and health codes;
2. Require the owner to maintain buildings and improvements in common areas in a good state of repair and maintenance and maintain the common areas in a good state of appearance, safety, and cleanliness; and
3. Provide a cause of action for failure to maintain the real property and provide legal or equitable remedies, including the award of attorney’s fees.
However, this subsection does not affect any action or remedy concerning residential tenancies covered under part II of chapter 83, nor does it prohibit the enforcing authority from maintaining exclusive jurisdiction to bring any cause of action authorized under this part.
History.—s. 1, ch. 73-124; s. 7, ch. 79-386; s. 13, ch. 93-38; s. 7, ch. 2001-39; s. 28, ch. 2001-214; s. 565, ch. 2003-261; s. 13, ch. 2004-390; s. 1, ch. 2017-190; s. 5, ch. 2021-32.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part II - Deceptive and Unfair Trade Practices (Ss. 501.201-501.213) › 501.213 - Effect on other remedies.

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 to, and makes no attempt to preempt, local consumer protection ordinances not inconsistent with this part.
History.—s. 1, ch. 73-124.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part III - Aftermarket Crash Parts Act (Ss. 501.30-501.34) › 501.30 - Short title.

501.30 Short title.—This part may be cited as the “Aftermarket Crash Parts Act.”
History.—s. 1, ch. 89-241.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part III - Aftermarket Crash Parts Act (Ss. 501.30-501.34) › 501.31 - Legislative purpose.

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 estimate of a nonoriginal equipment manufacturer aftermarket crash part.
History.—s. 2, ch. 89-241.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part III - Aftermarket Crash Parts Act (Ss. 501.30-501.34) › 501.32 - Definitions.

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 exterior of a motor vehicle, including inner and outer panels.
(2) “Insurer” includes an insurance company and any person authorized to represent the insurer with respect to a claim and who is parting within the scope of the person’s authority.
(3) “Nonoriginal equipment manufacturer aftermarket crash part” means an aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or her or his supplier.
(4) “Repair facility” means a motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.
History.—s. 3, ch. 89-241; s. 633, ch. 97-103.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part III - Aftermarket Crash Parts Act (Ss. 501.30-501.34) › 501.33 - Disclosure.

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 or the repair facility, or both, shall clearly identify each such part. A disclosure shall be attached to, or included in, the estimate and shall contain the following information in no smaller than 10-point type: THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE.
History.—s. 4, ch. 89-241.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part III - Aftermarket Crash Parts Act (Ss. 501.30-501.34) › 501.34 - Enforcement.

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 violation of this part by a repair facility shall be deemed a violation of the Florida Deceptive and Unfair Trade Practices Act, part II, this chapter.
History.—s. 5, ch. 89-241; s. 21, ch. 2001-63.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.601 - Short title.

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.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.602 - Purpose.

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. 1, 2, ch. 91-237; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.609 - License renewal.

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 the department the application required by this part.
(2) Except as otherwise provided in subsection (3), if any material change in the information submitted for licensing occurs before the date for renewal, a licensee shall submit that information to the department in the manner prescribed by the department, along with a fee in the amount of $10.
(3) If any change is made to any script, outline, presentation, sales information, or literature used by a licensee in connection with any solicitation, the new or revised material must be submitted by the licensee to the department within 10 days of the change.
(4) If any licensee has a change of address or status as set forth in ss. 501.605-501.607, notification must be made to the department in writing within 10 days of the change.
(5) The department shall waive the annual fee to renew for a licensee who:
(a) Is an active duty member of the United States Armed Forces or the spouse of such member;
(b) Is or was a member of the United States Armed Forces, and served on active duty within the 2 years preceding the renewal date. To qualify for the fee waiver, a licensee who is a former member of the United States Armed Forces who served on active duty within the 2 years preceding the expiration date of the registration must have received an honorable discharge upon separation or discharge from the United States Armed Forces; or
(c) Is the surviving spouse of a member of the United States Armed Forces if the member was serving on active duty at the time of death and died within the 2 years preceding the renewal.
A licensee seeking such waiver must apply in a format prescribed by the department, including the applicant’s signature, under penalty of perjury, and supporting documentation.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 636, ch. 97-103; s. 34, ch. 2018-7.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.611 - Security.

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 do business in this state;
(b) An irrevocable letter of credit issued for the benefit of the applicant by a bank whose deposits are insured by an agency of the Federal Government; or
(c) A certificate of deposit in a financial institution insured by an agency of the Federal Government, which may be withdrawn only on the order of the department, except that the interest may accrue to the applicant.
(2) The amount of the bond, letter of credit, or certificate of deposit must be a minimum of $50,000, and the bond, letter of credit, or certificate of deposit must be in favor of the department for the use and benefit of a purchaser who is injured by the fraud, misrepresentation, breach of contract, financial failure, or violation of this part by the applicant. The department may, at its discretion, establish a bond of a greater amount to ensure the general welfare of the public and the interests of the telemarketing industry.
(3) The bond shall be posted with the department on a form adopted by department rule and shall remain in force throughout the period of licensure with the department.
(4) The department or a governmental agency, on behalf of an injured purchaser or a purchaser herself or himself who is injured by the applicant, may bring and maintain an action to recover against the bond, letter of credit, or certificate of deposit.
(5) A purchaser may file a claim against the bond, letter of credit, or certificate of deposit. Such claim, which must be submitted in writing on an affidavit form adopted by department rule, must be submitted to the department within 120 days after an alleged injury has occurred or is discovered to have occurred or a judgment has been entered. The proceedings shall be conducted pursuant to chapter 120. For proceedings conducted pursuant to ss. 120.569 and 120.57, the department shall act only as a nominal party.
(6) Any indebtedness determined by final order of the department shall be paid by the commercial telephone seller to the department within 30 days after the order is entered for disbursement to the purchaser. If the commercial telephone seller fails to make payment within 30 days, the department shall make a demand for payment upon the surety which includes an institution issuing a letter of credit or depository on a certificate of deposit. Upon failure of a surety to comply with a demand for payment pursuant to a final order, the department may file an action in circuit court to recover payment, up to the amount of the bond or other form of security, pursuant to s. 120.69. If the department prevails, the department may recover court costs and reasonable attorney fees.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 637, ch. 97-103; s. 21, ch. 2013-251; s. 10, ch. 2014-147.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.613 - General disclosures.

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 true name, the company on whose behalf the solicitation is being made, and the consumer goods or services being sold.
(2) If a sale or an agreement to purchase is completed, the commercial telephone seller must inform the purchaser of her or his cancellation rights as provided in this part, state the license number issued by the department for both the commercial telephone seller and the salesperson, and give the street address of the commercial telephone seller.
(3) All oral disclosures required by this section shall be made in a clear and intelligible manner.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 638, ch. 97-103.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.614 - Disclosures of gifts and premiums.

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 eligible to receive any gift, premium, bonus, or prize, however denominated, the commercial telephone seller shall submit to the department a statement setting forth, for each item mentioned:
(1) A description of the item.
(2) The value or worth of the item and the basis for the valuation.
(3) All terms and conditions a purchaser must satisfy in order to receive the item. The statement must be accompanied by a copy of the written statement of terms and conditions provided to purchasers pursuant to this part.
(4) If they are ascertainable, the odds, for a given purchaser, of receiving the item.
(5) If a purchaser is to receive fewer than all the items described by the seller:
(a) The manner in which the commercial telephone seller decides which item a given purchaser is to receive.
(b) If they are ascertainable, the odds, for a given purchaser, of receiving each item described.
(c) The name and address of each person who has, during the preceding 12 months or any portion thereof in which the commercial telephone seller has done business, received each gift, premium, bonus, or prize. The provisions of this section shall not apply if the item is unconditionally offered to a purchaser as part of a sale and the buyer has 7 days to return the goods or cancel the services and the right to receive a full refund in 30 days and the right to keep the item in that case without cost.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.616 - Unlawful acts and practices.

501.616 Unlawful acts and practices.—
(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 affiliated with an unlicensed salesperson.
(3) A salesperson may not be employed by or affiliated with an unlicensed commercial telephone seller.
(4) A commercial telephone seller or salesperson must be licensed.
(5) A salesperson or commercial telephone seller may not otherwise violate this part.
(6) A commercial telephone seller or salesperson may not make any of the following types of phone calls, including calls made through automated dialing or recorded messages:
(a) A commercial telephone solicitation phone call before 8 a.m. or after 8 p.m. local time in the called person’s time zone.
(b) More than three commercial telephone solicitation phone calls from any number to a person over a 24-hour period on the same subject matter or issue, regardless of the phone number used to make the call.
(7) A commercial telephone seller or salesperson making a commercial telephone solicitation call may not:
(a) Intentionally act to prevent transmission of the telephone solicitor’s name or telephone number to the party called when the equipment or service used by the telephone solicitor is capable of creating and transmitting the telephone solicitor’s name or telephone number.
(b) Use technology that deliberately displays a different caller identification number than the number the call is originating from to conceal the true identity of the caller. A commercial telephone seller or salesperson who makes a call using such technology commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 8, ch. 99-307; s. 11, ch. 2014-147; s. 2, ch. 2021-185.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.617 - Investigative powers of enforcing authority.

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 in, or is engaging in, an act or practice that violates this part, she or he may administer oaths and affirmations, subpoena witnesses or matter, conduct regulatory inspections, and collect evidence. Within 10 days after the service of a subpoena or at any time before the return date specified therein, whichever is longer, the party served may file in the circuit court in the county in which she or he resides or in which she or he transacts business and serve upon the enforcing authority a petition for an order modifying or setting aside the subpoena. The petitioner may raise any objection or privilege that would be available under this part or upon service of such subpoena in a civil action. The subpoena shall inform the party served of her or his rights under this subsection.
(2) If matter that the enforcing authority seeks to obtain by subpoena is located outside the state, the person subpoenaed may make it available to the enforcing authority or her or his representative to examine the matter at the place where it is located. The enforcing authority may designate representatives, including officials of the state in which the matter is located, to inspect the matter on her or his behalf, and she or he may respond to similar requests from officials of other states.
(3) Upon failure of a person without lawful excuse to obey a subpoena and upon reasonable notice to all persons affected, the enforcing authority may apply to the circuit court for an order compelling compliance.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 640, ch. 97-103; s. 23, ch. 2013-251.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.6175 - Recordkeeping.

501.6175 Recordkeeping.—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 authorizing the telephone solicitor to contact the consumer.
(3) Any script, outline, or presentation the applicant requires or suggests a salesperson use when soliciting; sales information or literature to be provided by the commercial telephone seller to a salesperson; and sales information or literature to be provided by the commercial telephone seller to a consumer in connection with any solicitation.
Within 10 days of an oral or written request by the department, including a written request transmitted by electronic mail, a commercial telephone seller must make the records it keeps pursuant to this section available for inspection and copying by the department during the department’s normal business hours. This section does not limit the department’s ability to inspect and copy material pursuant to any other law.
History.—s. 10, ch. 2018-84.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.618 - General civil remedies.

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 enjoin a person who has violated, is violating, or is otherwise likely to violate the provisions of this part.
(3) An action on behalf of one or more purchasers for the actual damages caused by an act or practice performed in violation of the provisions of this part. Such an action may include, but is not limited to, an action to recover against a bond, letter of credit, or certificate of deposit as otherwise provided in this part.
Upon motion of the enforcing authority in any action brought under this section, the court may make appropriate orders, including appointment of a general or special magistrate or receiver or sequestration of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction in accordance with the consumer’s reasonable expectations, or to grant other appropriate relief. The court may assess the expenses of a general or special magistrate or receiver against a commercial telephone seller or an entity providing substance abuse marketing services. Any injunctive order, whether temporary or permanent, issued by the court shall be effective throughout the state unless otherwise provided in the order.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 90, ch. 2004-11; s. 22, ch. 2017-173.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.619 - Civil penalties.

501.619 Civil penalties.—A person who engages in any act or practice declared in this part to be unlawful is liable for a civil penalty in the Class III category pursuant to s. 570.971 for each such violation. This civil penalty may be recovered in any action brought under this part by the department, or the department may terminate any investigation or action upon agreement by the person to pay a stipulated civil penalty. The department or the court may waive any such civil penalty or other fines or costs if the person has previously made full restitution or reimbursement or has paid actual damages to the purchasers who have been injured by the unlawful act or practice.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 43, ch. 2014-150.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.621 - Attorney’s fees and costs.

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), the department shall receive reasonable attorney’s fees and costs from the nonprevailing party.
(2) Any award of attorney’s fees or costs shall become a part of the judgment and subject to execution as the law allows.
(3) In any civil litigation initiated by the department resulting in a judgment or administrative order, the court may award to the prevailing party reasonable attorney’s fees and costs if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or if the court finds bad faith on the part of the losing party.
(4) The attorney for the prevailing party shall submit a sworn affidavit of his or her time spent on the case and his or her costs incurred.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 641, ch. 97-103.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.622 - Criminal prosecuting authority.

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 to any criminal prosecuting agency, which may, in its discretion, with or without such a reference, in addition to any other action it might commence, bring an action against any person to enjoin, restrain, and prevent the doing of any act or practice herein prohibited or declared unlawful.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.623 - Criminal penalties.

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 this part. Any person who violates the provisions of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) No commercial telephone seller shall employ or be affiliated with a salesperson who is soliciting purchasers and who is not currently licensed with the department pursuant to the provisions of this part. Any person who violates the provisions of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) No commercial telephone seller or salesperson shall solicit without a license. Any person who violates the provisions of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any commercial telephone seller or salesperson who falsifies information on an application commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Except as provided in subsection (1), subsection (2), subsection (3), or subsection (4), any person who otherwise violates any provision of this part or who directly or indirectly employs any device, scheme, or artifice to deceive in connection with the offer or sale by any commercial telephone seller commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) Any person who is convicted of a second or subsequent violation of the provisions of this part commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A conviction shall include a finding of guilt where adjudication has been withheld.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 46, ch. 95-144; s. 642, ch. 97-103.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.624 - Exempt businesses; burden of proof.

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 such person or entity is not otherwise subject to the provisions of this part is upon the person or entity claiming the exemption. In any criminal proceeding alleging a violation of the provisions of this part, the burden of producing evidence to support a defense based upon an exemption specified in s. 501.604 or that such person or entity is not subject to the provisions of this part is upon the person or entity claiming the defense.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.625 - Other individual remedies.

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 may bring a civil action for recovery of actual damages and/or punitive damages, including costs, court costs, and attorney’s fees. No provision in this part shall be construed to limit any right or remedy provided under law.
History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part IV - Florida Telemarketing Act (Ss. 501.601-501.626) › 501.626 - Rulemaking power.

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, ch. 91-429; s. 17, ch. 97-250; s. 173, ch. 98-200.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.701 - Short title.

1
501.701 Short title.—This part may be cited as the “Florida Digital Bill of Rights.”
History.—s. 4, ch. 2023-201.
1
Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.703 - Applicability.

1
501.703 Applicability.—
(1) This part applies only to a person who:
(a) Conducts business in this state or produces a product or service used by residents of this state; and
(b) Processes or engages in the sale of personal data.
(2) This part does not apply to any of the following:
(a) A state agency or a political subdivision of the state.
(b) A financial institution or data subject to Title V, Gramm-Leach-Bliley Act, 15 U.S.C. ss. 6801 et seq.
(c) A covered entity or business associate governed by the privacy, security, and breach notification regulations issued by the United States Department of Health and Human Services, 45 C.F.R. parts 160 and 164, established under the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. ss. 1320d et seq., and the Health Information Technology for Economic and Clinical Health Act, Division A, Title XIII and Division B, Title IV, Pub. L. No. 111-5.
(d) A nonprofit organization.
(e) A postsecondary education institution.
(f) The processing of personal data:
1. By a person in the course of a purely personal or household activity.
2. Solely for measuring or reporting advertising performance, reach, or frequency.
(3) A controller or processor that complies with the authenticated parental consent requirements of the Children’s Online Privacy Protection Act, 15 U.S.C. ss. 6501 et seq., with respect to data collected online, is considered to be in compliance with any requirement to obtain parental consent under this part.
History.—s. 6, ch. 2023-201.
1
Note.—Effective July 1, 2024.