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.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 501.2077, Florida Statutes, is reordered
   15  and amended to read:
   16         501.2077 Violations involving senior citizen, or
   17  handicapped person 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) “Handicapped Person who has a disability” means a
   23  any person who has a physical, mental, or educational impairment
   24  that which substantially limits one or more major life
   25  activities.
   26         (b)(c) “Mental or educational impairment” means:
   27         1. A Any mental or psychological disorder or specific
   28  learning disability.
   29         2. An Any educational deficiency that which substantially
   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) A Any person who is willfully using, or has willfully
   41  used, a method, act, or practice in violation of this part,
   42  which method, act, or practice victimizes or attempts to
   43  victimize a senior citizen citizens or a person who has a
   44  disability handicapped persons, and commits such violation when
   45  she or he knew or should have known that her or his conduct was
   46  unfair 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)An Any order of restitution or reimbursement based
   56  on a violation of this part committed against a senior citizen,
   57  a or handicapped person 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, and handicapped persons 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.