Florida Statutes

Fla. Stat. § 501.207 (2025)

Remedies of enforcing authority.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 person who has violated, is violating, or is otherwise likely to violate, this part.

(c) An action on behalf of one or more consumers or governmental entities for the actual damages caused by an act or practice in violation of this part. However, damages 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.

(2) Before bringing an action under paragraph (1)(a) or paragraph (1)(c), the head of the enforcing authority shall review the matter and determine if an enforcement action serves the public interest. This determination shall be made in writing, but shall not be subject to the provisions of chapter 120.

(3) Upon motion of the enforcing authority or any interested party in any action brought under subsection (1), the court may make appropriate orders, including, but not limited to, appointment of a general or special magistrate or receiver or sequestration or freezing of assets, to reimburse consumers or governmental entities found to have been damaged; to carry out a transaction in accordance with the reasonable expectations of consumers or governmental entities; to strike or limit the application of clauses of contracts to avoid an unconscionable result; to bring actions in the name of and on behalf of the defendant enterprise, without regard to any wrongful acts that were committed by the enterprise; to order any defendant to divest herself or himself of any interest in any enterprise, including real estate; to impose reasonable restrictions upon the future activities of any defendant to impede her or him from engaging in or establishing the same type of endeavor; to order the dissolution or reorganization of any enterprise; or to grant legal, equitable, or other appropriate relief. The court may assess the expenses of a general or special magistrate or receiver against a person who has violated, is violating, or is otherwise likely to violate this part. Any injunctive order, whether temporary or permanent, issued by the court shall be effective throughout the state unless otherwise provided in the order.

(4) If a violator shows that a violation of this part resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error, recovery under this section is limited to the amount, if any, by which the violator was unjustly enriched by the violation.

(5) No action may be brought by the enforcing authority under this section more than 4 years after the occurrence of a violation of this part or more than 2 years after the last payment in a transaction involved in a violation of this part, whichever is later.

(6) The enforcing authority may terminate an investigation or an action upon acceptance of a person’s written assurance of voluntary compliance with this part. Acceptance of an assurance may be conditioned on a commitment to reimburse consumers or governmental entities, make contributions, pay civil penalties, pay attorney’s fees and costs, or take other appropriate corrective action. An assurance is not evidence of a prior violation of this part. However, unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation of this part. Such assurance is not a limitation upon any action or remedy available to a person aggrieved by a violation of this part.

(7) In any trial or other proceeding brought by the enforcing authority pursuant to this part, statements having circumstantial guarantees of trustworthiness may be used to supplement and explain other evidence and shall not be excluded as hearsay evidence, even though the declarant is available as a witness, if the trier of fact determines that:

(a) The statement is offered as evidence of a material fact;

(b) The statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and

(c) The general purpose of the Florida Rules of Evidence and the interests of justice will be best served by the admission of such statement into evidence.

However, a statement may not be admitted hereunder unless the proponent of it makes known to the adverse party, sufficiently in advance of the trial or proceeding to provide the adverse party with a fair opportunity to prepare to meet it, the proponent’s intention to offer the statement and the particulars of it, including the name and address of the declarant.

History.—s. 1, ch. 73-124; s. 3, ch. 79-386; s. 2, ch. 85-3; s. 4, ch. 90-190; s. 4, ch. 92-133; s. 8, ch. 93-38; s. 629, ch. 97-103; s. 3, ch. 2001-39; s. 24, ch. 2001-214; s. 89, ch. 2004-11; s. 3, ch. 2006-196.

Notes of Decisions

Cited in 36 cases (3 in the last 5 years), 1976–2024 · leading case: Outreach Hous., LLC v. Off. of the Attorney Gen., Dep't of Legal Affairs, 221 So. 3d 691 (Fla. 4th DCA 2017).

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Outreach Hous., LLC v. Off. of the Attorney Gen., Dep't of Legal Affairs, 221 So. 3d 691 (Fla. 4th DCA 2017). · cites it 14× “Because this case will be remanded for further proceedings, we briefly address the damages. Although in the complaint the OAG sought actual damages suffered by consumers, it requested restitution at the final hearing.”

Millennium Commc'ns & Fulfillment, Inc. v. Off. of Atty. Gen., 761 So. 2d 1256 (Fla. 3d DCA 2000). · cites it 3× “(collectively "Millennium") appeal a temporary injunction entered in favor of the Department of Legal Affairs ("Department") pursuant to The Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), section 501.207(1)(b), Florida Statutes (1997).”

In re Cardizem CD Antitrust Litig., 218 F.R.D. 508 (E.D. Mich. 2003). “See also Fla. Stat. Ann. § 501.207 ; Iowa Code § 714.”

In re Nexium, 968 F. Supp. 2d 367 (D. Mass. 2013). “Fla. Stat. § 501.207 (5) (“No action may be brought by the enforcing authority under this section more than 4 years after the occurrence of a violation of this part or more than 2 years after the last payment in a transaction *401 involved in a violation of this part, whichever…”

Fed. Trade Comm'n v. Life Mgmt. Servs. of Orange Cnty., LLC, 350 F. Supp. 3d 1246 (M.D. Fla. 2018). · cites it 2× “§ 53 (b) ; Fla. Stat. § 501.207 (1)(b). To determine whether a permanent injunction is appropriate, "the test is whether the defendant's past conduct indicates that there is a reasonable *1273 likelihood of further violations in the future.”

State v. Beach Blvd Auto., Inc., 139 So. 3d 380 (Fla. 1st DCA 2014). · cites it 4× “As section 501.207(1) provides, the enforcing authority may bring an action under FDUTPA for a declaratory judgment, for an injunction, or for actual damages on behalf of consumers.”

State Ex Rel. Herring v. Murdock, 345 So. 2d 759 (Fla. 4th DCA 1977). · cites it 3× “The complaint specifically relied on the authority granted in Section 501.207(1)(b) "to enjoin a supplier who .”

Fed. Trade Comm'n v. Tax Club, Inc., 994 F. Supp. 2d 461 (S.D.N.Y. 2014). “Instead, the pleadings must simply claim that a person “has violated, is violating, or is otherwise likely to violate” FDUPTA, Fla. Stat. § 501.207 (l)(b), which the Amended Complaint does.”

State v. De Anza Corp., 416 So. 2d 1173 (Fla. 5th DCA 1982). · cites it 2× “Section 501.207(1)(b), Florida Statutes (1979), the authority for Count I, allows *1175 the enforcing authority to bring "an action to enjoin a supplier who has violated this part.”

Off. of Atty. Gen. v. Millennium Comm. & Fulfillment, Inc., 800 So. 2d 255 (Fla. 3d DCA 2001). · cites it 2× “(collectively "Millennium") under Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA"), section 501.207(1)(b), Florida Statutes (1997), seeking an injunction, civil penalties and other statutory relief afforded under FDUTPA in connection with Millennium's promotion and…”

Democratic Repub. of the Congo v. Air Capital Grp., LLC, 614 F. App'x 460 (11th Cir. 2015). “Fla. Stat. § 501.207 (l)(c) (emphasis added); see also id.”

Warren Tech. v. Hines Interests Ltd., 733 So. 2d 1146 (Fla. 3d DCA 1999). · cites it 2× “See § 501.207, Fla. Stat. (1991). The Act also permits private enforcement of its provisions under Section 501.”

Show all 36 citing cases →

— 501.207(1) — 3 cases

Outreach Hous., LLC v. Off. of the Attorney Gen., Dep't of Legal Affairs, 221 So. 3d 691 (Fla. 4th DCA 2017). “Because this case will be remanded for further proceedings, we briefly address the damages. Although in the complaint the OAG sought actual damages suffered by consumers, it requested restitution at the final hearing.”

State v. Beach Blvd Auto., Inc., 139 So. 3d 380 (Fla. 1st DCA 2014). “As section 501.207(1) provides, the enforcing authority may bring an action under FDUTPA for a declaratory judgment, for an injunction, or for actual damages on behalf of consumers.”

Law Off. of David J. Stern, P.A. v. State, 83 So. 3d 847 (Fla. 4th DCA 2011).

— 501.207(1)(a) — 2 cases

Chicken Unlimited, Inc. v. Bockover, 374 So. 2d 96 (Fla. 2d DCA 1979).

— 501.207(1)(b) — 8 cases

Millennium Commc'ns & Fulfillment, Inc. v. Off. of Atty. Gen., 761 So. 2d 1256 (Fla. 3d DCA 2000). “(collectively "Millennium") appeal a temporary injunction entered in favor of the Department of Legal Affairs ("Department") pursuant to The Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), section 501.207(1)(b), Florida Statutes (1997).”

State Ex Rel. Herring v. Murdock, 345 So. 2d 759 (Fla. 4th DCA 1977). “The complaint specifically relied on the authority granted in Section 501.207(1)(b) "to enjoin a supplier who .”

State v. De Anza Corp., 416 So. 2d 1173 (Fla. 5th DCA 1982). “Section 501.207(1)(b), Florida Statutes (1979), the authority for Count I, allows *1175 the enforcing authority to bring "an action to enjoin a supplier who has violated this part.”

Off. of Atty. Gen. v. Millennium Comm. & Fulfillment, Inc., 800 So. 2d 255 (Fla. 3d DCA 2001). “(collectively "Millennium") under Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA"), section 501.207(1)(b), Florida Statutes (1997), seeking an injunction, civil penalties and other statutory relief afforded under FDUTPA in connection with Millennium's promotion and…”

Storer Commc'ns, Inc. v. State, Dept. of Legal Affairs, 591 So. 2d 238 (Fla. 4th DCA 1991).

— 501.207(1)(c) — 3 cases

Off. of the Attorney Gen., State of Florida, Dept. of Legal Affairs v. Joseph James Bilotti, Jr. (Fla. 4th DCA 2019).

Off. of Attorney Gen. v. Bilotti, 267 So. 3d 1 (Fla. 4th DCA 2019).

— 501.207(3) — 2 cases

Taubert v. State, Off. of the Attorney Gen., 79 So. 3d 77 (Fla. 1st DCA 2011).

— 501.207(5) — 2 cases

Ellerbee v. Ethicon, Inc. (M.D. Fla. 2020).

— 501.207(7) — 1 case

— 501.207(l)(c) — 2 cases

McKenzie v. Betts, 55 So. 3d 615 (Fla. 4th DCA 2011).

Taubert v. State, Off. of the Attorney Gen., 79 So. 3d 77 (Fla. 1st DCA 2011).

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