501.2077 Violations involving senior citizen or handicapped person; civil penalties; presumption. - Florida Statutes

501.2077 Violations involving senior citizen or handicapped person; civil penalties; presumption.

   (1) As used in this section:

   (a) “Senior citizen” means a person who is 60 years of age or older.

   (b) “Handicapped person” means any person who has a mental or educational impairment which substantially limits one or more major life activities.

   (c) “Mental or educational impairment” means:

   1. Any mental or psychological disorder or specific learning disability.

   2. Any educational deficiency which substantially affects a person’s ability to read and comprehend the terms of any contractual agreement entered into.

   (d) “Major life activities” means functions associated with the normal activities of independent daily living such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

   (2) Any person who is willfully using, or has willfully used, a method, act, or practice in violation of this part, which method, act, or practice victimizes or attempts to victimize senior citizens or handicapped persons, and commits such violation when she or he knew or should have known that her or his conduct was unfair or deceptive, is liable for a civil penalty of not more than $15,000 for each such violation.

   (3) Any order of restitution or reimbursement based on a violation of this part committed against a senior citizen or handicapped person has priority over the imposition of civil penalties for such violations pursuant to this section.

   (4) Civil penalties collected pursuant to this section shall be deposited into the Legal Affairs Revolving Trust Fund of the Department of Legal Affairs and allocated solely to the Department of Legal Affairs for the purpose of preparing and distributing consumer education materials, programs, and seminars to benefit senior citizens and handicapped persons or to further enforcement efforts.

History. s. 2, ch. 92-40; s. 10, ch. 93-38; s. 631, ch. 97-103; s. 6, ch. 2003-179.