Florida Statute 501.212 | 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. 501.212

501.212 Application.—This part does not apply to:

(1) An act or practice required or specifically permitted by federal or state law.

(2) Except as provided in s. 501.2041, a publisher, broadcaster, printer, or other person engaged in the dissemination of information or the reproduction of printed or pictorial matter, insofar as the information or matter has been disseminated or reproduced on behalf of others without actual knowledge that it violated this part.

(3) A claim for personal injury or death or a claim for damage to property other than the property that is the subject of the consumer transaction.

(4) Any person or activity regulated under laws administered by:

(a) The Office of Insurance Regulation of the Financial Services Commission;

(b) Banks, credit unions, and savings and loan associations regulated by the Office of Financial Regulation of the Financial Services Commission;

(d) Any person or activity regulated under the laws administered by the former Department of Insurance which are now administered by the Department of Financial Services.

(5) Any activity regulated under laws administered by the Florida Public Service Commission.

(6) An act or practice involving the sale, lease, rental, or appraisal of real estate by a person licensed, certified, or registered pursuant to chapter 475, which act or practice violates s. 475.42 or s. 475.626.

(7)(a) Causes of action pertaining to commercial real property located in this state if the parties to the action executed a written lease or contract that expressly provides for the process of resolution of any dispute and the award of damages, attorney’s fees, and costs, if any; or

(b) Causes of action concerning failure to maintain real property if the Florida Statutes:

1. Require the owner to comply with applicable building, housing, and health codes;

2. Require the owner to maintain buildings and improvements in common areas in a good state of repair and maintenance and maintain the common areas in a good state of appearance, safety, and cleanliness; and

3. Provide a cause of action for failure to maintain the real property and provide legal or equitable remedies, including the award of attorney’s fees.

However, this subsection does not affect any action or remedy concerning residential tenancies covered under part II of chapter 83, nor does it prohibit the enforcing authority from maintaining exclusive jurisdiction to bring any cause of action authorized under this part.

History.—s. 1, ch. 73-124; s. 7, ch. 79-386; s. 13, ch. 93-38; s. 7, ch. 2001-39; s. 28, ch. 2001-214; s. 565, ch. 2003-261; s. 13, ch. 2004-390; s. 1, ch. 2017-190; s. 5, ch. 2021-32.

F.S. 501.212 on Google Scholar

F.S. 501.212 on Casetext

Amendments to 501.212

Arrestable Offenses / Crimes under Fla. Stat. 501.212

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 501.212.

Annotations, Discussions, Cases:

Cases Citing Statute 501.212

Total Results: 20

BJ'S WHOLESALE CLUB, INC., etc. v. LAURA BUGLIARO, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-14T00:53:00-07:00

Snippet: specifically permitted by federal or state law.” § 501.212(1), Fla. Stat. A merchant, such as BJ’s, is statutorily

Meghan Hotchkiss v. Blue Cross and Blue Shield of Florida, Inc., etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-13T00:53:00-07:00

Snippet: precluded Ms. Hotchkiss’s FDUTPA claim. Section 501.212(4)(a), Florida Statutes (2009), states that FDUTPA

WILLIAM STANKOS and JOANNE STANKOS v. AMATEUR ATHLETIC UNION OF THE UNITED STATES, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-09-12T00:53:00-07:00

Snippet: excludes claims for personal injury or death. § 501.212(3), Fla. Stat. (2013).

Sanchez v. AN Luxury Imports of Pembroke Pines, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-12T00:00:00-07:00

Citation: 216 So. 3d 723, 2017 WL 1364000, 2017 Fla. App. LEXIS 5057

Snippet: by the Department of Financial Services. See § 501.212(4)(d), Fla. Stat. (2015) (stating that FDUT-PA …attorney’s fees awarded against ANL because section 501.212(4)(d) specifically precludes application of any

Gustafsson v. Aid Auto Brokers, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-25T00:00:00-08:00

Citation: 212 So. 3d 405, 2017 WL 362579, 2017 Fla. App. LEXIS 767

Snippet: by the Department of Financial Services. See § 501.212(4)(d), Fla. Stat. (2015) (stating that FDUTPA does

Montero ex rel. W.P.M. v. Duval County School Board

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-18T00:00:00-08:00

Citation: 153 So. 3d 407, 2014 Fla. App. LEXIS 20565, 2014 WL 7184294

Snippet: specifically permitted by federal or state law.” § 501.212(1), Fla. Stat. (2011). The Board’s completing a…specifically permitted by federal or state law” § 501.212(1), Fla. Stat.; and assigning a matrix of services

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: administered by the Department of Financial Services.” § 501.212(4)(a), (d), Fla. Stat. (2011). Florida courts resolve…resolve questions about the applicability of section 501.212(4) by look*388ing to the activity that is the subject…reliance upon Dixie Finance Co. misplaced. Section 501.212(4) exempts from FDUTPA “[a]ny person or activity…insurance is not exempted from FDUTPA under section 501.212(4), but Appellant’s counsel acknowledged during…and that, as a result, the exemptions in section 501.212(4) would not apply to the sale of the item, Exhibit

Dorestin v. Hollywood Imports, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-11T00:00:00-07:00

Citation: 45 So. 3d 819, 2010 Fla. App. LEXIS 12337, 2010 WL 3154848

Snippet: is the subject of the consumer transaction.” § 501.212(3), Fla. Stat. (2008). FDUTPA does not define “

Rodriguez v. Recovery Performance & Marine, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2010-05-19T00:00:00-07:00

Citation: 38 So. 3d 178, 2010 Fla. App. LEXIS 6917, 2010 WL 1979286

Snippet: consumer." Urling, 468 So.2d at 454. Section 501.212(3), Florida Statutes (2009), further provides that…subject of the *181 consumer transaction," § 501.212(3), for which the plaintiff claimed a FDUTPA violation

Florida Power & Light Co. v. FEO

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-23T00:00:00-08:00

Citation: 24 So. 3d 737, 2009 Fla. App. LEXIS 20043, 2009 WL 4927938

Snippet: jurisdiction to entertain the FDUTPA claims. Section 501.212(5), Florida Statutes (2009), creates a specific

Extraordinary Title Services, LLC v. Florida Power & Light Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-11T00:00:00-08:00

Citation: 1 So. 3d 400, 2009 Fla. App. LEXIS 1041, 2009 WL 321581

Snippet: imposes on customers; and pursuant to section 501.212, Florida Statutes (2006), FDUTPA does not apply… public utilities; and (3) pursuant to section 501.212, FDUTPA does not apply to activities regulated …properly dismissed Count I pursuant to section 501.212(5), which provides that FDUTPA does not apply to

Schauer v. Morse Operations, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-01-05T00:00:00-08:00

Citation: 5 So. 3d 2, 2009 Fla. App. LEXIS 22, 2009 WL 18674

Snippet: recover "actual damages" but section 501.212(3) explains that FDUTPA does not apply to a "…opportunity, or chance of winning. Based on sections 501.212(3) and 501.203(8) and (9), this court and other

Prohias v. ASTRAZENECA PHARMACEUTICALS

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-13T00:53:00-07:00

Citation: 958 So. 2d 1054

Snippet: Practices Act ("FDUTPA"), Fla. Stat. § 501.212(1), because the promotional and advertising activity

Bankers Trust Co. v. Basciano

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-25T00:53:00-07:00

Citation: 960 So. 2d 773

Snippet: by the state or the federal government. See § 501.212(4), Fla. Stat. (2004). While recognizing that exemption…Lennar is not *779 a bank protected by section 501.212(4), and, thus, falls within FDUTPA's scope.

Sonic Automotive, Inc. v. Galura

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-25T00:00:00-07:00

Citation: 961 So. 2d 961, 2007 Fla. App. LEXIS 6109, 2007 WL 1201595

Snippet: individuals cannot seek relief under FDUTPA. Section 501.212(4), Florida Statutes (2002), provides that FDUTPA… an agreement with the department. . Section 501.212(4) has since been amended to refer to laws administered

State v. Commerce Commercial Leasing, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2007-01-26T00:00:00-08:00

Citation: 946 So. 2d 1253

Snippet: that appellees were exempt from the Act. Section 501.212, Florida Statutes, provides: This part does not…statutory exception to the scope of the Act. Section 501.212(1), Florida Statutes, exempts from liability acts

PNR, Inc. v. Beacon Property Management, Inc.

Court: Fla. | Date Filed: 2003-03-12T23:53:00-08:00

Citation: 842 So. 2d 773

Snippet: act or practice involving a violation"); 501.212(1), Fla. Stat. (2002) (excepting "an act or

3B TV, INC. v. State, Office of Atty. Gen.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-24T00:53:00-07:00

Citation: 794 So. 2d 744

Snippet: committed an unfair act or practice under section 501.212, Florida Statutes (1997), the Florida Deceptive… constitute an unfair act or practice, section 501.212(1). In its cross-appeal, the State challenges the…specifically permitted by federal or state law." § 501.212(1), Fla. Stat.; see Eirman v. Olde Discount Corp…thus DUTPA is inapplicable pursuant to section 501.212(1), Florida Statutes). 3B TV asserts that, given…849.094 will offer 3B TV no protection under section 501.212(1). Daily Penalties 3B TV further argues that,

Eirman v. Olde Discount Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-21T00:00:00-07:00

Citation: 697 So. 2d 865

Snippet: Act (the "Little FTC Act"). Section 501.212(1) exempts from its coverage "an act or practice…permitted by federal or state law." Section 501.212(1), Fla. Stat. (1993). Receipt of order flow payments

Delgado v. JW COURTESY PONT. GMC-TRUCK

Court: Fla. Dist. Ct. App. | Date Filed: 1997-03-20T23:53:00-08:00

Citation: 693 So. 2d 602

Snippet: injury or death or damage to other property. § 501.212(3). The legislature specifically defined the type…(amending § 501.211); § 13, at 212 (amending § 501.212), Laws of Fla. Our reading of these amendments,