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The 2025 Florida Statutes
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F.S. 501.207501.207 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 501.207
Total Results: 26
761 So. 2d 1256, 2000 WL 986399
District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 1300298
Cited 76 times | Published
and Unfair Trade Practices Act ("FDUTPA"), section 501.207(1)(b), Florida Statutes (1997).[1] For the
416 So. 2d 1173
District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 1224362
Cited 14 times | Published
of Counts I through IV, but not of Count V.
Section 501.207(1)(b), Florida Statutes (1979), the authority
374 So. 2d 96
District Court of Appeal of Florida | Filed: Aug 22, 1979 | Docket: 430697
Cited 11 times | Published
action brought by an enforcing authority under Section 501.207(1)(a) or (b), this statute makes it clear that
374 So. 2d 96
District Court of Appeal of Florida | Filed: Aug 22, 1979 | Docket: 430697
Cited 11 times | Published
action brought by an enforcing authority under Section 501.207(1)(a) or (b), this statute makes it clear that
733 So. 2d 1146, 1999 WL 391858
District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 1659896
Cited 10 times | Published
those who engage in unfair trade practices. See § 501.207, Fla. Stat. (1991). The Act also permits private
345 So. 2d 759
District Court of Appeal of Florida | Filed: Apr 7, 1977 | Docket: 1477754
Cited 7 times | Published
specifically relied on the authority granted in Section 501.207(1)(b) "to enjoin a supplier who ... is violating
353 So. 2d 655
District Court of Appeal of Florida | Filed: Dec 28, 1977 | Docket: 1521895
Cited 6 times | Published
been previously engaged."
Subsection (3) of Section 501.207 of the act provides that in any action brought
139 So. 3d 380, 2014 WL 2040853, 2014 Fla. App. LEXIS 7574
District Court of Appeal of Florida | Filed: May 19, 2014 | Docket: 60241087
Cited 5 times | Published
by an act or practice in violation of the law. § 501.207(1)(a)-(c), Fla. Stat. (2011). A FDUTPA action
55 So. 3d 615, 2011 Fla. App. LEXIS 1044, 2011 WL 309318
District Court of Appeal of Florida | Filed: Feb 2, 2011 | Docket: 179748
Cited 5 times | Published
for the benefit of consumers. Under FDUTPA, section 501.207(1)(c) permits the enforcing authority to bring
800 So. 2d 255, 2001 WL 1190971
District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 2553450
Cited 5 times | Published
and Unfair Trade Practices Act ("FDUTPA"), section 501.207(1)(b), Florida Statutes (1997), seeking an
591 So. 2d 238, 1991 WL 138900
District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 432842
Cited 5 times | Published
and
d) public interest
*240 However, because section 501.207(1)(b) authorizes the Department to seek injunctive
198 So. 3d 1107, 2016 Fla. App. LEXIS 12821, 2016 WL 4445942
District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 60256401
Cited 2 times | Published
required for a temporary injunction, since Section 501.207 authorizes the enforcing authority to seek
472 B.R. 582
United States Bankruptcy Court, M.D. Florida | Filed: May 16, 2012 | Docket: 65783932
Cited 2 times | Published
550 F.3d 1299 (11th Cir.2008)).
. Fla. Stats. § 501.207; § 501.211(2) & § 501.2105.
. There can be no
350 F. Supp. 3d 1246
District Court, M.D. Florida | Filed: Dec 7, 2018 | Docket: 64321920
Cited 1 times | Published
circumstances. 15 U.S.C. § 53(b) ; Fla. Stat. § 501.207(1)(b). To determine whether a permanent injunction
79 So. 3d 77, 2011 Fla. App. LEXIS 20856, 2011 WL 6847811
District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 60305379
Cited 1 times | Published
whose behalf it is litigating a FDUTPA action.
Section 501.207(l)(c), Florida Statutes (2006), authorizes
83 So. 3d 847, 2011 Fla. App. LEXIS 19932, 2011 WL 6183590
District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 60306508
Cited 1 times | Published
an action for damages on behalf of consumers. § 501.207(1).
The subpoena at issue in Shapiro & Fishman
Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2023 | Docket: 66655403
Published
Argued: Dec 16, 2022
by” a violating act or prac-
tice. Id. § 501.207. Until this last remedy, the FDUTPA follows the
Court of Appeals for the Eleventh Circuit | Filed: Jun 27, 2022 | Docket: 63551200
Published
standing because he
was appointed pursuant to Section 501.207(3) of the Florida Decep-
tive and Unfair Trade
267 So. 3d 1
District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 64708626
Published
"actual damages" to get injunctive relief under section 501.207(1)(b), Florida Statutes (2018).
Background
267 So. 3d 1
District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 64708625
Published
"actual damages" to get injunctive relief under section 501.207(1)(b), Florida Statutes (2018).
Background
District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560232
Published
“actual damages” to get injunctive relief under section
501.207(1)(b), Florida Statutes (2018).
221 So. 3d 691, 2017 WL 2983990, 2017 Fla. App. LEXIS 10052
District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088821
Published
which were admitted into evidence pursuant to section 501.207(7), Florida Statutes (2008). Nevertheless,
375 So. 2d 43, 1979 Fla. App. LEXIS 15810
District Court of Appeal of Florida | Filed: Sep 18, 1979 | Docket: 64571976
Published
finding by a hearing examiner.
As required by Section 501.207, Florida Statutes (1977), the Agency conducted
358 So. 2d 230, 1978 Fla. App. LEXIS 15865
District Court of Appeal of Florida | Filed: May 2, 1978 | Docket: 64564270
Published
Affairs v. Rogers, 329 So.2d 257 (Fla.1976).
“6. Section 501.207 Florida Statutes of the Act provides all remedies
339 So. 2d 253, 1976 Fla. App. LEXIS 15662
District Court of Appeal of Florida | Filed: Nov 5, 1976 | Docket: 64555861
Published
responsible for enforcing the little FTC act. Section 501.207, Florida Statutes (1975) authorizes him to
326 So. 2d 80, 1976 Fla. App. LEXIS 14263
District Court of Appeal of Florida | Filed: Jan 29, 1976 | Docket: 64552209
Published
for their actual damages, as contemplated by § 501.207, F.S.1973.
Before a hearing was had on the Department’s
