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, or
15 handicapped person 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) “Handicapped Person who has a disability” means a
21 any person who has a mental or educational impairment that which
22 substantially limits one or more major life activities.
23 (b)(c) “Mental or educational impairment” means:
24 1. A Any mental or psychological disorder or specific
25 learning disability.
26 2. An Any educational deficiency that which substantially
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) A Any person who is willfully using, or has willfully
38 used, a method, act, or practice in violation of this part,
39 which method, act, or practice victimizes or attempts to
40 victimize a senior citizen citizens or a person who has a
41 disability handicapped persons, and commits such violation when
42 she or he knew or should have known that her or his conduct was
43 unfair 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) An Any order of restitution or reimbursement based
53 on a violation of this part committed against a senior citizen,
54 a or handicapped person 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 handicapped persons 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.