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 he knew or should have known that 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 Department of Legal Affairs Consumer Frauds Trust Fund 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.