Florida Statute 520.12 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 520
RETAIL INSTALLMENT SALES

View Entire Chapter

F.S. 520.12

520.12 Penalties.—

(1) Any person who willfully and intentionally violates any provision of s. 520.995 or engages in the business of a retail installment seller without obtaining a license as required by this part is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) In the case of a willful violation of this part with respect to any retail installment sale, the buyer may recover from the person committing such violation, or may set off or counterclaim in any action against the buyer by such person, an amount equal to any finance charge and any fees charged to the buyer by reason of delinquency, plus attorney’s fees and costs incurred by the buyer to assert rights under this part.

(3) Subsection (2) does not apply to any violation of the requirement in s. 520.07(1)(c) that the seller deliver or mail to the buyer a copy of the contract signed by the seller, if the seller delivered to the buyer at the time the buyer signed the contract an exact copy of the contract that the buyer signed.

History.—s. 11, ch. 57-799; s. 9, ch. 59-456; s. 491, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 80-256; s. 2, ch. 81-318; s. 5, ch. 87-91; ss. 7, 35, 36, ch. 90-103; s. 4, ch. 91-429; s. 32, ch. 2001-196.

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Amendments to 520.12

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 520.12

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

S520.12 - FRAUD - ENGAGE AS RETAIL INSTALL SELLER WO LIC - M: F

Cases Citing Statute 520.12

Total Results: 9

Charbonneau v. Morse Operations, Inc.

727 So. 2d 1017, 1999 WL 72238

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1730186

Cited 10 times | Published

statutory damages and attorney's fees under section 520.12, Florida Statutes. Appellee initially filed

Cannon v. METRO FORD. INC.

242 F. Supp. 2d 1322, 2002 U.S. Dist. LEXIS 25558, 2002 WL 31958926

District Court, S.D. Florida | Filed: Dec 23, 2002 | Docket: 2312589

Cited 7 times | Published

STAT. § 520.12(2). The statute was amended, effective June 8, 2001, to provide: Section 520.12(2) does

Donoghue v. Wallach

455 So. 2d 1085

District Court of Appeal of Florida | Filed: Sep 12, 1984 | Docket: 1316674

Cited 6 times | Published

(1981). However, the court pointed out that section 520.12, Florida Statutes (1981), the penalty section

State v. Beach Blvd Automotive, Inc.

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

argument that it properly pled damages pursuant to section 520.12(2), Florida Statutes (2011), which provides

Trotter v. Ford Motor Credit Corp.

868 So. 2d 593, 2004 Fla. App. LEXIS 2573, 2004 WL 385004

District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 67354

Cited 4 times | Published

holder has committed a willful violation. See § 520.12(2). No such allegation was made concerning FMCC

Corcoran v. TranSouth Financial Corp. (In Re Corcoran)

268 B.R. 882, 15 Fla. L. Weekly Fed. B 1, 2001 Bankr. LEXIS 1413, 2001 WL 1326912

United States Bankruptcy Court, M.D. Florida | Filed: Oct 1, 2001 | Docket: 1742700

Cited 1 times | Published

The Debtors therefore contend that, pursuant to § 520.12(2) of the Florida Statutes, they are entitled

MAROONE CHEVROLET, LLC d/b/a MAROONE CHEVROLET v. GERMAN ALVARADO

District Court of Appeal of Florida | Filed: Jul 6, 2022 | Docket: 63572506

Published

figure. Under the penalties section found in section 520.12(2) applicable to violations of section 520

Bengal Motor Co. v. Cuello

121 So. 3d 57, 2013 WL 1980147, 2013 Fla. App. LEXIS 7810, 38 Fla. L. Weekly Fed. D 1088

District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60234450

Published

court’s award of damages to Cuello based on section 520.12(2), as she did not suffer any actual damages

Veal v. Crown Auto Dealerships, Inc.

236 F.R.D. 572, 2006 U.S. Dist. LEXIS 18237, 2006 WL 844561

District Court, M.D. Florida | Filed: Mar 30, 2006 | Docket: 66027359

Published

in which Crown violated Florida Statutes, section 520.12 by (1) failing to clearly and conspicuously