Florida Statutes 668.704 – Remedies
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(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.
Terms Used In Florida Statutes 668.704
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Venue: The geographical location in which a case is tried.
- Web page: means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet. See Florida Statutes 668.702
(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.