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.
   10  Be It Enacted by the Legislature of the State of Florida:
   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.