Florida Statute 501.203 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 501
CONSUMER PROTECTION

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F.S. 501.203

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 of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired.

(2) “Enforcing authority” means the office of the state attorney if a violation of this part occurs in or affects the judicial circuit under the office’s jurisdiction. “Enforcing authority” means the Department of Legal Affairs if the violation occurs in or affects more than one judicial circuit or if the office of the state attorney defers to the department in writing, or fails to act upon a violation within 90 days after a written complaint has been filed with the state attorney.

(3) “Violation of this part” means any violation of this act or the rules adopted under this act and may be based upon any of the following as of July 1, 2017:

(a) Any rules promulgated pursuant to the Federal Trade Commission Act, 15 U.S.C. ss. 41 et seq.;

(b) The standards of unfairness and deception set forth and interpreted by the Federal Trade Commission or the federal courts; or

(c) Any law, statute, rule, regulation, or ordinance which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices.

(4) “Department” means the Department of Legal Affairs.

(5) “Order” means a cease and desist order issued by the enforcing authority as set forth in s. 501.208.

(6) “Interested party or person” means any person affected by a violation of this part or any person affected by an order of the enforcing authority.

(7) “Consumer” means an individual; child, by and through its parent or legal guardian; business; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; any commercial entity, however denominated; or any other group or combination.

(8) “Trade or commerce” means the advertising, soliciting, providing, offering, or distributing, whether by sale, rental, or otherwise, of any good or service, or any property, whether tangible or intangible, or any other article, commodity, or thing of value, wherever situated. “Trade or commerce” shall include the conduct of any trade or commerce, however denominated, including any nonprofit or not-for-profit person or activity.

(9) “Thing of value” may include, without limitation, any moneys, donation, membership, credential, certificate, prize, award, benefit, license, interest, professional opportunity, or chance of winning.

History.—s. 1, ch. 73-124; s. 1, ch. 79-386; s. 1, ch. 90-190; s. 2, ch. 93-38; s. 24, ch. 97-98; s. 1, ch. 2001-39; s. 22, ch. 2001-214; s. 1, ch. 2006-196; s. 3, ch. 2013-207; s. 4, ch. 2015-92; s. 3, ch. 2017-155.

F.S. 501.203 on Google Scholar

F.S. 501.203 on Casetext

Amendments to 501.203

Arrestable Offenses / Crimes under Fla. Stat. 501.203

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 501.203.

Annotations, Discussions, Cases:

Cases Citing Statute 501.203

Total Results: 20

BJ'S WHOLESALE CLUB, INC., etc. v. LAURA BUGLIARO, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-14T00:53:00-07:00

Snippet: nonprofit or not-for-profit person or activity. § 501.203(8), Fla. Stat. 8 See Diamond, 140 So. 3d at 1098

Michael T. Angelo d/b/a Orange Park Auto Mall v. Timothy Parker, individually and on behalf of those similarly situated

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-20T00:53:00-07:00

Citation: 275 So. 3d 752

Snippet: FDUTPA and section 501.203(3)(c). Parker asserted that a violation of section 501.203(3)(c) occurred when…one of FDUTPA generally and the other of section 501.203(3)(c), Florida Statutes (2016). But there were …that would support a FDUTPA claim under section 501.203(3)(c). The remaining general FDUTPA count…of the Act, and the other brought under section 501.203(3)(c), Florida Statutes. Only the count brought…Parker abandoned the count brought under section 501.203(3)(c), based on his concession that the count was

Sarah Lee Sanders v. Drivetime Car Sales Company, LLC, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-31T00:00:00-07:00

Citation: 221 So. 3d 718, 2017 WL 2350111, 2017 Fla. App. LEXIS 7848

Snippet: FDUT-PA or by an order of the enforcing authority. § 501.203(6), Fla. Stat. (2015). An enforcing authority is…depending upon the situation as stated in section 501.203(2), Florida Statutes (2015). Based on the definition

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., d/b/a Better Business Bureau of Southeast Florida And The Caribbean and Council of Better Business Bureaus, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-03T00:53:00-07:00

Snippet: session, the Legislature also amended section 501.203(7), Florida Statutes, to change the definition … “business” and “commercial entity.” Compare § 501.203(7), Fla. Stat. (2000) (“‘Consumer’ means an individual…; or any other group or combination.”), with § 501.203(7), Fla. Stat. (2001) (“‘Consumer’ means an individual

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-03T00:00:00-07:00

Citation: 169 So. 3d 164, 43 Media L. Rep. (BNA) 2964, 2015 Fla. App. LEXIS 8497, 2015 WL 3480114

Snippet: session, the Legislature also amended section 501.203(7), Florida Statutes, to change the definition … “business” and “commercial entity.” Compare § 501.203(7), Fla. Stat. (2000) (“ ‘Consumer’ means an individual…; or any other group or combination.”), with § 501.203(7), Fla. Stat. (2001) (“ ‘Consumer’ means an individual

Montero ex rel. W.P.M. v. Duval County School Board

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-18T00:00:00-08:00

Citation: 153 So. 3d 407, 2014 Fla. App. LEXIS 20565, 2014 WL 7184294

Snippet: nonprofit or not-for-profit person or activity.” § 501.203(8), Fla. Stat. (2011).. “Thing of value” is defined…professional opportunity, or chance of winning.” § 501.203(9), Fla. Stat. As the circuit court ruled, however

Porsche Cars North America, Inc. v. Diamond

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-11T00:00:00-07:00

Citation: 140 So. 3d 1090, 2014 Fla. App. LEXIS 8917, 2014 WL 2599682

Snippet: Federal Trade Commission or the federal courts.” § 501.203(3)(b), Fla. Stat. (emphasis added). Included are…the subsequent amendments. See amendments to § 501.203(3)(b), note 5, supra. In nearby statutory sections…the clear and unambiguous directive of sections 501.203(3)(b), 501.204(2), and 501.202(3), Florida Statutes

State v. Beach Blvd Automotive, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-19T00:00:00-07:00

Citation: 139 So. 3d 380, 2014 WL 2040853, 2014 Fla. App. LEXIS 7574

Snippet: against Appellees to Appellant pursuant to section 501.203(2), Florida Statutes. In Count 1, Appellant alleged…commodity, or thing of value, wherever situated.” § 501.203(8), Fla. Stat. (2011). An unfair action under FDUTPA…attorney defers to the department in writing ....” § 501.203(2), Fla. Stat. (2011). The enforcing authority

Baker v. Baptist Hospital, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-05T00:00:00-07:00

Citation: 115 So. 3d 1123, 2013 WL 3367637, 2013 Fla. App. LEXIS 10767

Snippet: nonprofit or not-for-profit person or activity. § 501.203(8), Fla. Stat. (2010). Baker urges this court to

Diamond Aircraft Industries, Inc. v. Horowitch

Court: Fla. | Date Filed: 2013-01-10T00:00:00-08:00

Citation: 107 So. 3d 362, 38 Fla. L. Weekly Supp. 17, 2013 Fla. LEXIS 34, 2013 WL 105328

Snippet: trade practice. See id. § 501.202; see also § 501.203(7), Fla. Stat. (2011) (defining “consumer” under…” i.e., to an action filed under FDUTPA. See § 501.203(3), Fla. Stat. (2011) (defining “[vjiolation of

Law Office of David J. Stern, P.A. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-14T00:00:00-08:00

Citation: 83 So. 3d 847, 2011 Fla. App. LEXIS 19932, 2011 WL 6183590

Snippet: nonprofit or not-for-profit person or activity. § 501.203(8). Pursuant to FDUTPA, the OAG may issue an investigative

CRC 603, LLC v. North Carillon, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-07T00:00:00-07:00

Citation: 77 So. 3d 655, 2011 Fla. App. LEXIS 14137, 2011 WL 3916151

Snippet: Deceptive and Unfair Trade Practices Act, section 501.203, Florida Statutes (2006). Those counts were voluntarily

State, Office of the Attorney General v. Shapiro & Fishman, LLP

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-27T00:00:00-07:00

Citation: 59 So. 3d 353, 2011 Fla. App. LEXIS 5962, 2011 WL 1563755

Snippet: commerce" is specifically defined in section 501.203(8) of the act: "Trade or commerce" means

Dorestin v. Hollywood Imports, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-11T00:00:00-07:00

Citation: 45 So. 3d 819, 2010 Fla. App. LEXIS 12337, 2010 WL 3154848

Snippet: Federal Trade Commission or the federal courts.” § 501.203(3), Fla. Stat. (2008). According to the legislature

Schauer v. Morse Operations, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-01-05T00:00:00-08:00

Citation: 5 So. 3d 2, 2009 Fla. App. LEXIS 22, 2009 WL 18674

Snippet: and Unfair Trade Practices Act (FDUTPA), section 501.203(8), Florida Statutes, and against both defendants… a "Consumer transaction" in section 501.203. Delgado v. J.W. Courtesy Pontiac GMC-Truck, Inc… 602, 605 (Fla. 2d DCA 1997). In 1999, section 501.203 provided in pertinent part as follows: *7 (8) …chance of winning. Based on sections 501.212(3) and 501.203(8) and (9), this court and other courts have held

KC Leisure, Inc. v. Haber

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-25T00:00:00-08:00

Citation: 972 So. 2d 1069

Snippet: for the claim is the language found in section 501.203(3), Florida Statutes (2005), that states, among…Trade Commission or the federal courts." § 501.203(3), Fla. Stat. (2005), Thus, if the claims of KC

SDS Autos, Inc. v. Chrzanowski

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-25T23:53:00-08:00

Citation: 976 So. 2d 600

Snippet: to prohibit such practices. See §§ 501.207 and 501.203(2), Fla. Stat. (2005). In addition, the Department

State v. Commerce Commercial Leasing, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2007-01-26T00:00:00-08:00

Citation: 946 So. 2d 1253

Snippet: thus constituting a per se violation of section 501.203(3), Florida Statutes (2004). The trial court'…contracts is a per se violation of the Act, section 501.203(3), Florida Statutes (2004). The complaint clearly

Rollins, Inc. v. Butland

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-15T00:00:00-08:00

Citation: 951 So. 2d 860

Snippet: address violations of FDUTPA administratively. §§ 501.203, 501.207, Fla. Stat.; see Fonte v. AT & T Wireless…practices" is a violation of this statute. § 501.203(3)(c). The Appellees' complaint alleges that

Rollins, Inc. v. Butland

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-30T00:53:00-07:00

Citation: 932 So. 2d 1172

Snippet: address violations of FDUTPA administratively. §§ 501.203, 501.207, Fla. Stat.; see Fonte v. AT &…practices" is a violation of this statute. § 501.203(3)(c). The Appellees' complaint alleges that