CopyCited 76 times | Published | Florida 3rd District Court of Appeal | 2000 WL 986399
...ther acts and practices alleged therein; reimbursement to all consumers; and to assess Millennium civil penalties in the amount of $10,000 for each act or practice found to be in violation of chapter 501, part II, Florida Statutes (1997) pursuant to section 501.2075, Florida Statutes (1997)....
CopyCited 40 times | Published | Florida 1st District Court of Appeal | 1997 WL 193841
...The elements of this statutory action are independent of the elements of a simple breach of contract and the remedies available for a "willful" violation of the statute, as alleged in the amended complaint, are not the same as those available in a contract action. § 501.2075, Fla.Stat....
CopyCited 9 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 28301, 2009 WL 689714
...Pukka Dev., Inc.,
550 F.3d 1299 (11th Cir.2008) (citation omitted). Therefore, Harborage's violation of the ILSFDA's anti-fraud provision also constitutes a violation of the FDUTPA. [8] There *1257 remains, however, an issue of material fact concerning the damages to which Plaintiffs are entitled. See §
501.2075, Fla....
CopyCited 6 times | Published | District Court, N.D. Florida | 2007 U.S. Dist. LEXIS 22260, 2007 WL 951804
...[4] In determining the appropriate amount of nominal damages, I find particularly persuasive the Florida legislature's statutory codification of a civil penalty for willful violations of FDUTPA in actions brought by the "enforcing authority." [5] See § Fla. Stat. 501.2075. Section 501.2075 is entitled "civil penalty" and states, in relevant part, that Except as provided in s....
...used, a method, act, or practice declared unlawful under s.
501.204, or who is willfully violating any of the rules of the department adopted under this part, is liable for a civil penalty of not more than $10,000 for each such violation. Fla. Stat. §
501.2075....
...secure "a business advantage" by. Defendants. Thus, I find that FDUTPA adequately embraces the defamatory statements, and its civil penalty is of greater relevance had no such overlap existed. Further, although I recognize that the civil penalty in § 501.2075 is applicable only to actions commenced by the "enforcing authority" and not to actions commenced by private parties, I nevertheless find that the legislature's codification of a specific monetary range of not more than $10,000 for each v...
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2001 WL 1110559
...Although, in view of our holding above, it is not necessary for us to address this question, because this penalty issue will almost certainly arise in any new trial, we address the issue to provide guidance to the trial court. See Hall v. State,
752 So.2d 575 (Fla.2000). *749 Section
501.2075, Florida Statutes, provides for a civil penalty for willful violation of the act of "not more than $10,000 for each such violation." Under Florida law, a penalty provision must be strictly construed and is not to be extended by construction....
...inuing violation of such an order can be separately penalized. [2] By contrast, section 501 .2075, applicable here, provides only that the State may recover "a civil penalty of not more than $10,000 for each such violation." There is no provision in section
501.2075 for separate penalties for multiple days of a continuing offense. Given the express statutory authorization for per diem penalties under section
501.208, we conclude that the absence of similar language in section
501.2075 clearly indicates that the Legislature did not intend to authorize the imposition of daily penalties for continuing conduct under section
501.2075....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1994 WL 486557
...The "Definitions" section of the act provides support for the construction of the majority opinion. Section
501.203(3) defines "Violation of this part" as meaning "either a violation of a provision of this part or a violation of a rule promulgated pursuant to this part." §
501.203(3), Fla. Stat. (1991). Furthermore, section
501.2075 provides a civil *27 penalty for any entity "who engages in any act or practice declared in this part to be unlawful" or "who violates any of the rules of the Department of Legal Affairs promulgated under this part." If, as appellee...
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 WL 593912
...nses and corporate charters of Sobieck or his business to operate in the resale of tickets business. It also assessed two civil penalties, totalling $20,000.00 for two separate actions which involved unfair and deceptive trade practices, pursuant to section
501.2075 (a civil penalty of $10,000.00 for each violation) for willfully violating section
501.204 by engaging in unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce....
...alty sought in fact constituted a second punishment. In this case, there was no such disproportionateness shown or established. As stated above, Sobieck was fined $10,000.00 for two willful violations of the Deceptive and Unfair Trade practices Act, section
501.2075, arising out of two transactions engaged in as a registered seller of travel, pursuant to section
559.927....
CopyPublished | Florida 3rd District Court of Appeal
...Appellants, Jose Ramon Montenegro and Asiven, LLC, filed an eight-
count complaint against appellees, Antonio Socorro and Iquantics Corp.,
alleging breach of contract, unjust enrichment, conversion, constructive
fraud, civil theft, violation of section 501.2075, Florida Statutes (2022),
Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”), money
received, and tortious interference with a business relationship....
CopyPublished | Court of Appeals for the Eleventh Circuit
... Case: 18-13045 Date Filed: 03/24/2020 Page: 26 of 31
The Tobacco Companies ask us to compare the awards of punitive damages
to the civil penalties authorized for willful violations of Florida’s Deceptive and
Unfair Trade Practices Act. See Fla. Stat. § 501.2075....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 16, 2022
...endant “is willfully using, or has willfully used,
a method, act, or practice declared unlawful under [Fla. Stat. §
501.204], or
who is willfully violating any of the rules of the department adopted under
this part.” Id. §
501.2075....
