Bill Text: FL S0716 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2013 SB 716 By Senator Simpson 18-01368A-13 2013716__ 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; including physical impairment within the 5 definition of “person who has a disability”; 6 authorizing a civil penalty for a person who willfully 7 uses a deceptive or unfair trade act or practice 8 against a military service member or the member’s 9 spouse or child in certain circumstances; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 501.2077, Florida Statutes, is reordered 15 and amended to read: 16 501.2077 Violations involving senior citizen,or17handicappedperson who has a disability, or military service 18 member; civil penalties; presumption.— 19 (1) As used in this section: 20 (e)(a)“Senior citizen” means a person who is 60 years of 21 age or older. 22 (d)(b)“HandicappedPerson who has a disability” means a 23anyperson who has a physical, mental, or educational impairment 24 thatwhichsubstantially limits one or more major life 25 activities. 26 (b)(c)“Mental or educational impairment” means: 27 1. AAnymental or psychological disorder or specific 28 learning disability. 29 2. AnAnyeducational deficiency thatwhichsubstantially 30 affects a person’s ability to read and comprehend the terms of 31 any contractual agreement entered into. 32 (a)(d)“Major life activities” means functions associated 33 with the normal activities of independent daily living, such as 34 caring for one’s self, performing manual tasks, walking, seeing, 35 hearing, speaking, breathing, learning, and working. 36 (c) “Military service member” means a person who is on 37 active duty in or a veteran of the United States Armed Forces. 38 1. “Active duty” has the same meaning as in s. 250.01. 39 2. “Veteran” has the same meaning as in s. 1.01. 40 (2) AAnyperson who is willfully using, or has willfully 41 used, a method, act, or practice in violation of this part,42 whichmethod, act, or practicevictimizes or attempts to 43 victimize a senior citizencitizensor a person who has a 44 disabilityhandicappedpersons, and commits such violation when45she or he knew or should have known that her or his conduct was46unfair or deceptive,is liable for a civil penalty of not more 47 than $15,000 for each such violation if she or he knew or should 48 have known that her or his conduct was unfair or deceptive. 49 (3) A person who willfully uses a method, act, or practice 50 in violation of this part directed at a military service member 51 or the spouse or child of a military service member is liable 52 for a civil penalty of not more than $15,000 for each violation 53 if she or he should have known that her or his conduct was 54 unfair or deceptive. 55 (4)(3)AnAnyorder of restitution or reimbursement based 56 on a violation of this part committed against a senior citizen, 57 aorhandicappedperson who has a disability, or a military 58 service member has priority over the imposition of civil 59 penalties for such violations pursuant to this section. 60 (5)(4)Civil penalties collected pursuant to this section 61 shall be deposited into the Legal Affairs Revolving Trust Fund 62 of the Department of Legal Affairs and allocated solely to the 63 Department of Legal Affairs for the purpose of preparing and 64 distributing consumer education materials, programs, and 65 seminars to benefit senior citizens,andhandicappedpersons who 66 have a disability, and military service members or to further 67 enforcement efforts. 68 Section 2. This act shall take effect July 1, 2013.