Florida Statutes
Fla. Stat. § 501.2075 (2025)
Civil penalty.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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501.2075 Civil penalty.—Except as provided in s. 501.2077, any person, firm, corporation, association, or entity, or any agent or employee of the foregoing, who is willfully using, or has willfully used, a method, act, or practice declared unlawful under s. 501.204, or who is willfully violating any of the rules of the department adopted under this part, is liable for a civil penalty of not more than $10,000 for each such violation. Willful violations occur when the person knew or should have known that his or her conduct was unfair or deceptive or prohibited by rule. This civil penalty may be recovered in any action brought under this part by the enforcing authority; or the enforcing authority may terminate any investigation or action upon agreement by the person, firm, corporation, association, or entity, or the agent or employee of the foregoing, to pay a stipulated civil penalty. The department or the court may waive any such civil penalty if the person, firm, corporation, association, or entity, or the agent or employee of the foregoing, has previously made full restitution or reimbursement or has paid actual damages to the consumers or governmental entities who have been injured by the unlawful act or practice or rule violation. If civil penalties are assessed in any litigation, the enforcing authority is entitled to reasonable attorney’s fees and costs. A civil penalty so collected shall accrue to the state and shall be deposited as received into the General Revenue Fund unallocated.
History.—s. 3, ch. 83-117; s. 1, ch. 92-40; s. 5, ch. 92-133; s. 9, ch. 93-38; s. 630, ch. 97-103; s. 4, ch. 2001-39; s. 25, ch. 2001-214.
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 1988–2025 · leading case: Army Aviation Heritage Found. & Museum, Inc. v. Buis, 504 F. Supp. 2d 1254 (N.D. Fla. 2007).
Army Aviation Heritage Found. & Museum, Inc. v. Buis, 504 F. Supp. 2d 1254 (N.D. Fla. 2007). “” 5 See § Fla. Stat. 501.2075. Section 501.2075 is entitled “civil penalty” and states, in relevant part, that Except as provided in s.”
Millennium Commc'ns & Fulfillment, Inc. v. Off. of Atty. Gen., 761 So. 2d 1256 (Fla. 3d DCA 2000). “gations, the Department sought to enjoin Millennium, its agents, employees, or persons who act on its behalf, from engaging in further acts and practices alleged therein; reimbursement to all consumers; and to assess Millennium civil penalties in the amount of ,000 for each…”
PNR, Inc. v. Beacon Prop. Mgmt., Inc., 842 So. 2d 773 (Fla. 2003). “(2002) ("[A] person who has suffered a loss as a result of a violation of this part .”
3B TV, INC. v. State, Off. of Atty. Gen., 794 So. 2d 744 (Fla. 1st DCA 2001). “*749 Section 501.2075, Florida Statutes, provides for a civil penalty for willful violation of the act of "not more than ,000 for each such violation.”
Sarkis v. Pafford Oil Co., Inc., 697 So. 2d 524 (Fla. 1st DCA 1997). “§ 501.2075, Fla.Stat. (1995). Finally, we address the plaintiffs' claim that Amoco violated section 526.”
Outreach Hous., LLC v. Off. of the Attorney Gen., Dep't of Legal Affairs, 221 So. 3d 691 (Fla. 4th DCA 2017). “The court then considered whether to grant a civil penalty pursuant to section 501.2075, Florida Statutes (2008), which permits the court to award a penalty of “not more than ,000 for each .”
Gentry v. Harborage Cottages-Stuart, LLLP, 602 F. Supp. 2d 1239 (S.D. Fla. 2009). “Gentry and Hunt allege that Northside represented that the dock slips were available for purchase when in fact they were only available for use by members of the Har-borage Yacht Club and Marina and that they would not have entered into a membership agreement absent this belief.”
Kenneth Kerrivan v. R.J. Reynolds Tobacco Co., 953 F.3d 1196 (11th Cir. 2020). “See Fla. Stat. § 501.2075 . They observe that the Act authorizes a maximum penalty of ,000 for each willful violation, id.”
State v. Sobieck, 701 So. 2d 96 (Fla. 5th DCA 1997). “00 for two separate actions which involved unfair and deceptive trade practices, pursuant to section 501.2075 (a civil penalty of ,000.”
DLA v. Father & Son Moving & Storage, 643 So. 2d 22 (Fla. 4th DCA 1994). “Furthermore, section 501.2075 provides a civil *27 penalty for any entity "who engages in any act or practice declared in this part to be unlawful" or "who violates any of the rules of the Department of Legal Affairs promulgated under this part.”
Cox v. Porsche Fin. Servs., Inc. (S.D. Fla. 2020). “” Fla. Stat. § 501.2075 (emphasis added). The statute defines an “enforcing authority” as “the office of the state attorney if a violation of this part occurs in or affects the judicial circuit under the office’s jurisdiction” or the “Department of 10 Defendant also argues that…”
Jose Ramon Montenegro v. Antonio Socorro (Fla. 3d DCA 2025). “, alleging breach of contract, unjust enrichment, conversion, constructive fraud, civil theft, violation of section 501.2075, Florida Statutes (2022), Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”), money received, and tortious interference with a business…”
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