Florida Statutes 501.618 – General civil remedies
Current as of: 2024 | Check for updates
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Terms Used In Florida Statutes 501.618
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Commercial telephone seller: means a person who engages in commercial telephone solicitation on his or her own behalf or through salespersons. See Florida Statutes 501.603
- Consumer: means an individual; child, by and through its parent or legal guardian; business; firm; association; joint venture; partnership; estate; trust; business trust; syndicate; fiduciary; corporation; any commercial entity, however denominated; or any other group or combination. See Florida Statutes 501.203
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 501.603
- Enforcing authority: means the Department of Agriculture and Consumer Services or the office of the state attorney if a violation of this part occurs in or affects the judicial circuit under the jurisdiction of the office of the state attorney. See Florida Statutes 501.603
- Order: means a cease and desist order issued by the enforcing authority as set forth in…. See Florida Statutes 501.203
- Person: includes any individual, group of individuals, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity. See Florida Statutes 501.603
The department may bring:
(1) An action to obtain a declaratory judgment that an act or practice violates the provisions of this part.
(2) An action to enjoin a person who has violated, is violating, or is otherwise likely to violate the provisions of this part.
(3) An action on behalf of one or more purchasers for the actual damages caused by an act or practice performed in violation of the provisions of this part. Such an action may include, but is not limited to, an action to recover against a bond, letter of credit, or certificate of deposit as otherwise provided in this part.
Upon motion of the enforcing authority in any action brought under this section, the court may make appropriate orders, including appointment of a general or special magistrate or receiver or sequestration of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction in accordance with the consumer’s reasonable expectations, or to grant other appropriate relief. The court may assess the expenses of a general or special magistrate or receiver against a commercial telephone seller or an entity providing substance abuse marketing services. Any injunctive order, whether temporary or permanent, issued by the court shall be effective throughout the state unless otherwise provided in the order.