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The Florida Senate

2012 Florida Statutes

Title XXXIX COMMERCIAL RELATIONS
Chapter 668 ELECTRONIC COMMERCE Entire Chapter
SECTION 704
Remedies.
F.S. 668.704
668.704 Remedies.—
(1) The following persons may bring a civil action against a person who violates this part:
(a) A person engaged in the business of providing Internet access service to the public who is adversely affected by the violation.
(b) A financial institution as defined in s. 655.005(1) that is adversely affected by the violation.
(c) An owner of a web page, trademark, or service mark who is adversely affected by the violation.
(d) The Attorney General.
(2) A person bringing an action under this section may:
(a) Seek injunctive relief to restrain the violator from continuing the violation.
(b) Recover damages in an amount equal to the greater of:
1. Actual damages arising from the violation; or
2. The sum of $5,000 for each violation of the same nature.
(3) The court may increase an award of actual damages in an action brought under this section to an amount not to exceed three times the actual damages sustained if the court finds that the violations have occurred with a frequency as to constitute a pattern or practice.
(4) For purposes of this section, violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or action occurred.
(5) A plaintiff who prevails in an action filed under this section is entitled to recover reasonable attorney’s fees and court costs.
(6) By committing a violation under this part, the violator submits personally to the jurisdiction of the courts of this state. This section does not preclude other methods of obtaining jurisdiction over a person who commits a violation under this part.
(7) An action under this part may be brought in any court of competent jurisdiction to enforce such rights and to recover damages as stated in this part.
(8) The venue for a civil action brought under this section shall be the county in which the plaintiff resides or in any county in which any part of the alleged violation under this part took place, regardless of whether the defendant was ever actually present in that county. A civil action filed under this section must be brought within 3 years after the violation occurred.
(9) The remedies available under this section are in addition to remedies otherwise available for the same conduct under federal or state law.
(10) Any moneys received by the Attorney General for attorney’s fees and costs of investigation or litigation in proceedings brought under this section shall be deposited as received into the Legal Affairs Revolving Trust Fund.
(11) Any moneys received by the Attorney General which are not for attorney’s fees and costs of investigation or litigation or used for reimbursing persons found under this part to be damaged shall accrue to the state and be deposited as received into the Legal Affairs Revolving Trust Fund.
(12) The Department of Legal Affairs may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part.
History.—s. 5, ch. 2006-232.