Bill Text: FL S0716 | 2013 | Regular Session | Comm Sub
Bill Title: Deceptive and Unfair Trade Practices
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1223 (Ch. 2013-210) [S0716 Detail]
Download: Florida-2013-S0716-Comm_Sub.html
Florida Senate - 2013 CS for SB 716 By the Committee on Children, Families, and Elder Affairs; and Senators Simpson, Abruzzo, Bradley, Hays, Ring, Evers, Benacquisto, Dean, Gibson, Detert, Richter, and Soto 586-02616-13 2013716c1 1 A bill to be entitled 2 An act relating to deceptive and unfair trade 3 practices; amending s. 501.2077, F.S.; providing 4 definitions; authorizing a civil penalty for a person 5 who willfully uses a deceptive or unfair trade act or 6 practice against a military service member or the 7 member’s spouse or child in certain circumstances; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 501.2077, Florida Statutes, is reordered 13 and amended to read: 14 501.2077 Violations involving senior citizen,or15handicappedperson who has a disability, or military service 16 member; civil penalties; presumption.— 17 (1) As used in this section: 18 (e)(a)“Senior citizen” means a person who is 60 years of 19 age or older. 20 (d)(b)“HandicappedPerson who has a disability” means a 21anyperson who has a mental or educational impairment thatwhich22 substantially limits one or more major life activities. 23 (b)(c)“Mental or educational impairment” means: 24 1. AAnymental or psychological disorder or specific 25 learning disability. 26 2. AnAnyeducational deficiency thatwhichsubstantially 27 affects a person’s ability to read and comprehend the terms of 28 any contractual agreement entered into. 29 (a)(d)“Major life activities” means functions associated 30 with the normal activities of independent daily living, such as 31 caring for one’s self, performing manual tasks, walking, seeing, 32 hearing, speaking, breathing, learning, and working. 33 (c) “Military service member” means a person who is on 34 active duty in or a veteran of the United States Armed Forces. 35 1. “Active duty” has the same meaning as in s. 250.01. 36 2. “Veteran” has the same meaning as in s. 1.01. 37 (2) AAnyperson who is willfully using, or has willfully 38 used, a method, act, or practice in violation of this part,39 whichmethod, act, or practicevictimizes or attempts to 40 victimize a senior citizencitizensor a person who has a 41 disabilityhandicapped persons, and commits such violation when42she or he knew or should have known that her or his conduct was43unfair or deceptive,is liable for a civil penalty of not more 44 than $15,000 for each such violation if she or he knew or should 45 have known that her or his conduct was unfair or deceptive. 46 (3) A person who willfully uses a method, act, or practice 47 in violation of this part directed at a military service member 48 or the spouse or child of a military service member is liable 49 for a civil penalty of not more than $15,000 for each violation 50 if she or he should have known that her or his conduct was 51 unfair or deceptive. 52 (4)(3)AnAnyorder of restitution or reimbursement based 53 on a violation of this part committed against a senior citizen, 54 aor handicappedperson who has a disability, or a military 55 service member has priority over the imposition of civil 56 penalties for such violations pursuant to this section. 57 (5)(4)Civil penalties collected pursuant to this section 58 shall be deposited into the Legal Affairs Revolving Trust Fund 59 of the Department of Legal Affairs and allocated solely to the 60 Department of Legal Affairs for the purpose of preparing and 61 distributing consumer education materials, programs, and 62 seminars to benefit senior citizens,and handicappedpersons who 63 have a disability, and military service members or to further 64 enforcement efforts. 65 Section 2. This act shall take effect July 1, 2013.