Florida Statutes

Fla. Stat. § 501.205 (2025)

Rulemaking authority.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 12 cases, 1976–1994 · leading case: Dep't of Legal Affairs v. Rogers, 329 So. 2d 257 (Fla. 1976).

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Dep't of Legal Affairs v. Rogers, 329 So. 2d 257 (Fla. 1976). · cites it 4× “" Section 501.205, Florida Statutes, provides: " Rule-making power.”

DLA v. Father & Son Moving & Storage, 643 So. 2d 22 (Fla. 4th DCA 1994). · cites it 7× “The issue presented in this case is whether section 501.205, Florida Statutes, was intended by the legislature as an exclusive delegation of authority to the executive branch to determine by rule what specific actions violate the statute or whether the legislature intended that…”

LJS CO. v. Marks, 480 F. Supp. 241 (S.D. Fla. 1979). · cites it 2× “See Fla.Stat. § 501.205. The other separate sections detail the means the particular enforcing authority is to use in enforcing the Act.”

Anden v. Litinsky, 472 So. 2d 825 (Fla. 4th DCA 1985). · cites it 2× “" See § 501.205, Fla. Stat. (1979). Section 2-15.”

Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd., 792 F. Supp. 1566 (S.D. Fla. 1992). “Although the plain language of the definition of a “consumer transaction” does not appear to include the lease of real property, 6 Florida Statute § 501.205 grants the Florida Department of Legal Affairs the authority to promulgate rules consistent with the Act.”

Black v. Dep't of Legal Affairs, 353 So. 2d 655 (Fla. 2d DCA 1977). · cites it 2× “[2] § 501.205, Fla. Stat. (1975). [3] § 501.203(3), Fla.”

Storer Commc'ns, Inc. v. State, Dept. of Legal Affairs, 591 So. 2d 238 (Fla. 4th DCA 1991). · cites it 2× “205 subjects all Department rules and administrative actions to the provisions of Chapter 120 of the Florida Administrative Code. Rule 120.”

Bert Smith Oldsmobile, Inc. v. Franklin, 400 So. 2d 1235 (Fla. 2d DCA 1981). “" § 501.205, id. It also provides that violation of a rule is a violation of the Act and subjects the violator to civil liability.”

Casielles v. Taylor Rolls Royce, Inc., 645 F.2d 498 (5th Cir. 1981). “Fla.Stat.Ann. § 501.205. Pursuant to this authority, the Department promulgated rules applicable to “Motor Vehicles, Sales, Repairs, Maintenance and Service.”

Lavers v. State, Dep't of Legal Affairs, 326 So. 2d 80 (Fla. 1st DCA 1976). “Although the Department and the cabinet were directed by § 501.205, F.S.1973, to adopt rules “which prohibit with specificity acts or practices that violate this part .”

Faust v. Sunrise Nissan of Orange Park, Inc., 40 Fla. Supp. 2d 111 (Fla. Cir. Ct. 1990). “§ 501.205, Florida Statutes. 1. Repairs Prior to Purchase Rule 2-19.”

Shevin v. Cenville Communities, Inc., 338 So. 2d 1281 (Fla. 1976). “See Section 501.205, Fla.Stat. (1975). . Section 501.”

— 501.205(1) — 2 cases

Dep't of Legal Affairs v. Rogers, 329 So. 2d 257 (Fla. 1976). “" Section 501.205, Florida Statutes, provides: " Rule-making power.”

DLA v. Father & Son Moving & Storage, 643 So. 2d 22 (Fla. 4th DCA 1994). “The issue presented in this case is whether section 501.205, Florida Statutes, was intended by the legislature as an exclusive delegation of authority to the executive branch to determine by rule what specific actions violate the statute or whether the legislature intended that…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.