501.976 – Actionable, unfair, or deceptive acts or practices.
501.976 Actionable, unfair, or deceptive acts or practices.—It is an unfair or deceptive act or practice, actionable under the Florida Deceptive and Unfair Trade Practices Act, for a dealer to: (1) Represent directly or indirectly that a motor vehicle is a factory executive vehicle or executive vehicle unless such vehicle was purchased directly from the manufacturer or […]
501.98 – Demand letter.
501.98 Demand letter.— (1) As a condition precedent to initiating any civil litigation, including arbitration, arising under this chapter against a motor vehicle dealer, which may also include its employees, agents, principals, sureties, and insurers, a claimant must give the dealer a written demand letter at least 30 days before initiating the litigation. (2) The demand letter, which […]
501.991 – Legislative intent; construction.
501.991 Legislative intent; construction.— (1) The Legislature recognizes that it is preempted from passing any law that conflicts with federal patent law. However, the Legislature recognizes that the state is dedicated to building an entrepreneurial and business-friendly economy where businesses and consumers alike are protected from abuse and fraud. This includes protection from abusive and bad faith […]
501.992 – Definitions.
501.992 Definitions.—As used in this part, the term: (1) “Demand letter” means a written communication, including e-mail, asserting or claiming that a person has engaged in patent infringement. (2) “Institution of higher education” means an educational institution as defined in 20 U.S.C. s. 1001(a). (3) “Target” means a person residing in, incorporated in, or organized under the laws of […]
501.993 – Bad faith assertions of patent infringement.
501.993 Bad faith assertions of patent infringement.—A person may not send a demand letter to a target which makes a bad faith assertion of patent infringement. A demand letter makes a bad faith assertion of patent infringement if it: (1) Includes a claim that the target, or a person affiliated with the target, has infringed a patent […]
501.624 – Exempt businesses; burden of proof.
501.624 Exempt businesses; burden of proof.—In any civil proceeding alleging a violation of the provisions of this part, the burden of proving an exemption specified in s. 501.604 or that such person or entity is not otherwise subject to the provisions of this part is upon the person or entity claiming the exemption. In any criminal […]
501.923 – Injunctive relief.
501.923 Injunctive relief.—In addition to the remedies provided in this act, and notwithstanding the existence of any adequate remedy at law, the department is hereby authorized to make application for injunction to a circuit court. Such circuit court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction, to be […]
501.625 – Other individual remedies.
501.625 Other individual remedies.—In addition to any other penalties or remedies provided under law, a person who is injured by a violation of the provisions of this part may bring a civil action for recovery of actual damages and/or punitive damages, including costs, court costs, and attorney’s fees. No provision in this part shall be construed […]
501.925 – Used watches; sales regulated.
501.925 Used watches; sales regulated.— (1) The purpose of this law is to identify all watches other than new, with a label or designation of “used” in order to safeguard the public from being misled in purchasing used, rebuilt or reconditioned watches as new. (2) Any person, firm, partnership, association or corporation engaged in the business of buying […]
501.626 – Rulemaking power.
501.626 Rulemaking power.—The department has the authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this part. History.—ss. 1, 2, ch. 91-237; s. 4, ch. 91-429; s. 17, ch. 97-250; s. 173, ch. 98-200.