Florida Statute 501.207 | 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. 501.207

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.

F.S. 501.207 on Google Scholar

F.S. 501.207 on Casetext

Amendments to 501.207

Arrestable Offenses / Crimes under Fla. Stat. 501.207

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 501.207.

Annotations, Discussions, Cases:

Cases Citing Statute 501.207

Total Results: 20

Office of Attorney General v. Bilotti

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-20T00:00:00-08:00

Citation: 267 So. 3d 1

Snippet: damages" to get injunctive relief under section 501.207(1)(b), Florida Statutes (2018). Background The …and Unfair Trade Practices Act (FDUTPA), section 501.207(1)(b), Florida Statutes, seeking injunctive relief… action solely for an injunction under section 501.207(1)(b) without pleading "actual damages."…s argument that subparagraph (1)(b) of section 501.207 does not require an enforcing authority to plead…injunctive and other equitable relief. Section 501.207(1)(b) allows an enforcing authority to bring an

Office of Attorney General v. Bilotti

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-20T00:00:00-08:00

Citation: 267 So. 3d 1

OFFICE OF THE ATTORNEY GENERAL, STATE OF FLORIDA, DEPT. OF LEGAL AFFAIRS v. JOSEPH JAMES BILOTTI, JR.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-19T23:53:00-08:00

Snippet: damages” to get injunctive relief under section 501.207(1)(b), Florida Statutes (2018). …and Unfair Trade Practices Act (FDUTPA), section 501.207(1)(b), Florida Statutes, seeking injunctive relief… action solely for an injunction under section 501.207(1)(b) without pleading “actual damages.” The trial…s argument that subparagraph (1)(b) of section 501.207 does not require an enforcing authority to plead…injunctive and other equitable relief. Section 501.207(1)(b) allows an enforcing authority to bring an

Outreach Housing, LLC v. Office of the Attorney General, Department of Legal Affairs

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-12T00:00:00-07:00

Citation: 221 So. 3d 691, 2017 WL 2983990, 2017 Fla. App. LEXIS 10052

Snippet: available remedy. Section 501.207(1), Florida Statutes, is amplified by section 501.207(3), Florida Statutes…were admitted into evidence pursuant to section 501.207(7), Florida Statutes (2008). Nevertheless, the …requested restitution at the final hearing. Section 501.207, Florida Statutes, provides: The enforcing… or practice in violation of this part. § 501.207(1), Fla. Stat. Actual damages are an essential … explaining that the broad language in section 501.207, Florida Statutes, indicated that the Florida Legislature

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: party, or an enforcing authority. See §§ 501.206, 501.207, & 501.211, Fla. Stat. (2015). An interested

E-Racer Tech, LLC v. Office of the Attorney General Department of Legal Affairs

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-24T00:00:00-07:00

Citation: 198 So. 3d 1107, 2016 Fla. App. LEXIS 12821, 2016 WL 4445942

Snippet: required for a temporary injunction, since Section 501.207 authorizes the enforcing authority to seek injunctive

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: an act or practice in violation of the law. § 501.207(1)(a)-(c), Fla. Stat. (2011). A FDUTPA action may…transaction involved in a violation of the law. § 501.207(5), Fla. Stat. (2011). Appellant first argues on…relief and civil penalties in the count. As section 501.207(1) provides, the enforcing authority may bring

Taubert v. State, Office of the Attorney General

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-30T00:00:00-08:00

Citation: 79 So. 3d 77, 2011 Fla. App. LEXIS 20856

Snippet: behalf it is litigating a FDUTPA action. Section 501.207(l)(c), Florida Statutes (2006), authorizes the … violation of this part.” In addition, section 501.207(3) authorizes a trial court to “make appropriate…could not, the court stated in pertinent part: 501.207(l)(c) explicitly provides all actions for actual…seek damages on behalf of a state agency. See § 501.207, Fla. Stat. (2006). No. 1D10-4933 District

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: an action for damages on behalf of consumers. § 501.207(1). The subpoena at issue in Shapiro & Fishman

McKenzie v. Betts

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-02T00:00:00-08:00

Citation: 55 So. 3d 615, 2011 Fla. App. LEXIS 1044, 2011 WL 309318

Snippet: the benefit of consumers. Under FDUTPA, section 501.207(1)(c) permits the enforcing authority to bring

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

Rollins, Inc. v. Butland

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

Citation: 951 So. 2d 860

Snippet: violations of FDUTPA administratively. §§ 501.203, 501.207, Fla. Stat.; see Fonte v. AT & T Wireless Servs

Rollins, Inc. v. Butland

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

Citation: 932 So. 2d 1172

Snippet: violations of FDUTPA administratively. §§ 501.203, 501.207, Fla. Stat.; see Fonte v. AT & T Wireless

Fonte v. AT&T Wireless Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-15T00:00:00-07:00

Citation: 903 So. 2d 1019, 2005 Fla. App. LEXIS 9236, 2005 WL 1397960

Snippet: Department of Legal Affairs. §§ 501.203 & 501.207, Fla. Stat. This additional enforcement mechanism

Office of Atty. Gen. v. Millennium Comm. & Fulfillment, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-10-10T00:53:00-07:00

Citation: 800 So. 2d 255

Snippet: Trade Practices Act ("FDUTPA"), section 501.207(1)(b), Florida Statutes (1997), seeking an injunction

Millennium Communications & Fulfillment, Inc. v. Office of Atty. Gen.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-07-19T00:00:00-07:00

Citation: 761 So. 2d 1256

Snippet: Trade Practices Act ("FDUTPA"), section 501.207(1)(b), Florida Statutes (1997).[1] For the reasons…1146 (Fla. 3d DCA 1997). However, because section 501.207(1)(b) expressly authorizes the Department to seek

Warren Tech. v. Hines Interests Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-06-16T00:53:00-07:00

Citation: 733 So. 2d 1146

Snippet: those who engage in unfair trade practices. See § 501.207, Fla. Stat. (1991). The Act also permits private

Storer Communications, Inc. v. State, Dept. of Legal Affairs

Court: Fla. Dist. Ct. App. | Date Filed: 1991-07-31T00:53:00-07:00

Citation: 591 So. 2d 238

Snippet: public interest *240 However, because section 501.207(1)(b) authorizes the Department to seek injunctive

Himes v. Brown & Co. Securities Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-12-29T00:00:00-08:00

Citation: 518 So. 2d 937

Snippet: 501.201-.213, Florida Statutes (1985). See §§ 501.207, .2075, Fla. Stat. (1985). Consequently, the legislature

State v. De Anza Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-06-16T00:53:00-07:00

Citation: 416 So. 2d 1173

Snippet: Counts I through IV, but not of Count V. Section 501.207(1)(b), Florida Statutes (1979), the authority for