Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Florida provides robust consumer protections through the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and various industry-specific statutes. Whether you're dealing with a dishonest business, fighting for your security deposit, or pursuing a contractor dispute, understanding Florida law gives you powerful tools to recover what you're owed. The Florida Attorney General's Office handles consumer complaints and enforces state consumer protection laws.
Key Facts: Florida's FDUTPA (Chapter 501, Part II) allows consumers to recover actual damages plus attorney fees. Small claims limit is $8,000. Security deposits must be returned within 15-30 days. Pre-suit demand letters are required for some claims.
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
FDUTPA, codified in Florida Statutes Chapter 501, Part II (sections 501.201-501.213), is Florida's primary consumer protection law. It prohibits unfair methods of competition and unfair or deceptive acts in trade or commerce.
What FDUTPA Prohibits
Under Florida Statute 501.204, businesses cannot engage in:
- Deceptive acts: Misrepresenting the characteristics, ingredients, benefits, or quantities of goods or services
- Unfair practices: Conduct that is immoral, unethical, oppressive, or substantially injurious to consumers
- False advertising: Misleading claims about prices, quality, or availability
- Bait and switch: Advertising products with no intent to sell them as advertised
- Hidden fees: Failing to disclose material terms or costs
- Failure to deliver: Accepting payment without providing promised goods or services
FDUTPA Remedies
If you prove a FDUTPA violation, Florida Statute 501.211 allows you to recover:
- Actual damages: The money you lost due to the deceptive practice
- Attorney fees: Reasonable attorney fees if you prevail (this is mandatory, not discretionary)
- Court costs: Filing fees and other litigation expenses
- Declaratory relief: A court declaration that the practice is unlawful
- Injunctive relief: An order stopping the unlawful conduct
Important: Unlike some states, Florida's FDUTPA does not provide for treble (triple) or punitive damages for individual consumers. Your recovery is limited to actual damages plus fees. However, attorney fee recovery makes even smaller claims worth pursuing.
Pre-Suit Notice Requirement
Before filing a FDUTPA lawsuit, Florida Statute 501.211(1) requires you to send a written demand letter to the business giving them an opportunity to cure the issue. This notice should:
- Describe the unfair or deceptive act
- State the amount of damages claimed
- Give the business a reasonable time to respond (typically 30 days)
- Be sent via certified mail with return receipt
If the business offers a reasonable settlement or cure within the notice period, you may not be able to recover attorney fees if you proceed with litigation.
Florida Security Deposit Law
Florida Statute 83.49 provides detailed requirements for residential security deposits, giving tenants significant protections.
Key Deadline: Landlords must return the security deposit or provide written notice of intent to claim deductions within 30 days of lease termination. If making deductions, the notice must be sent by certified mail within 30 days.
Deposit Holding Requirements
Under Florida Statute 83.49(1), landlords must:
- Hold deposits in a Florida banking institution
- Choose one of three options: non-interest-bearing account, interest-bearing account (with 75% of interest to tenant annually), or post a surety bond
- Provide written notice within 30 days of receiving the deposit stating where it's held, whether interest is paid, and the tenant's rights
Return Deadlines
- No deductions claimed: Landlord must return the full deposit within 15 days
- Deductions claimed: Landlord must send written notice by certified mail within 30 days, itemizing deductions and including a statement of the tenant's right to object
- Tenant objection period: Tenants have 15 days from receipt of the notice to object in writing
Tenant Remedies
If the landlord fails to comply with Florida Statute 83.49, the tenant can sue to recover:
- The full amount of the deposit wrongfully withheld
- Court costs
- Reasonable attorney fees
Additionally, if the landlord fails to provide the required 30-day written notice of intent to make deductions, they forfeit the right to impose any claim on the deposit.
Florida Small Claims Court
Florida County Courts have small claims jurisdiction for cases up to $8,000. This provides an accessible forum for most consumer disputes without requiring an attorney.
Small Claims Basics
| Feature | Florida Small Claims |
|---|---|
| Dollar Limit | $8,000 |
| Where to File | County Court where defendant resides or dispute occurred |
| Filing Fees | $55 (up to $500), $80 ($501-$2,500), $175 ($2,501-$8,000) |
| Attorneys | Permitted but not required |
| Pre-Trial Mediation | Required in most counties |
Filing Process
- Complete the Statement of Claim: Florida Small Claims Rule 7.050 provides the form. Include your name, defendant's name and address, amount claimed, and a brief statement of facts.
- File with the Clerk: Submit to the County Court clerk in the appropriate county. Pay the filing fee.
- Serve the Defendant: Florida requires formal service. Options include sheriff service, certified mail (if defendant signs), or process server.
- Attend Pre-Trial Mediation: Most Florida counties require mediation before trial. This is often where cases settle.
- Trial: If mediation fails, present your case to the judge. Bring all evidence and witnesses.
Major County Court Locations
- Miami-Dade County: 73 W. Flagler Street, Miami
- Broward County: 201 SE 6th Street, Fort Lauderdale
- Palm Beach County: 205 N. Dixie Highway, West Palm Beach
- Hillsborough County: 800 E. Twiggs Street, Tampa
- Orange County: 425 N. Orange Avenue, Orlando
- Duval County: 501 W. Adams Street, Jacksonville
Florida Landlord-Tenant Law
Beyond security deposits, Florida Statute Chapter 83, Part II provides comprehensive tenant protections.
Landlord Repair Obligations
Under Florida Statute 83.51, landlords must:
- Comply with building, housing, and health codes
- Maintain roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components
- Maintain plumbing in reasonable working condition
- Provide functioning facilities for heat during winter, running water, and hot water
- Maintain appliances supplied by the landlord
- Provide garbage removal and extermination services
- Maintain locks and keys
- Provide smoke detection devices
Tenant Remedies for Repair Issues
If the landlord fails to make required repairs after proper notice, Florida Statute 83.56 allows tenants to:
- Give written notice: Specify the nature of the noncompliance and intent to terminate if not corrected within 7 days
- Withhold rent: If the landlord materially fails to comply, the tenant may withhold rent after proper notice
- Terminate the lease: For material noncompliance, the tenant can terminate with 7 days' notice
- Sue for damages: Recover the cost of living in substandard conditions
Critical: Florida does not allow "repair and deduct" (making repairs yourself and deducting from rent) without specific court authorization. Always follow proper notice procedures before withholding rent.
Florida Lemon Law
Florida has one of the strongest lemon laws in the country, protecting buyers of defective new vehicles under Florida Statute Chapter 681.
Coverage
The Florida Lemon Law covers:
- New or demonstrator motor vehicles purchased in Florida
- Vehicles with substantial defects reported within 24 months of delivery
- Defects that substantially impair use, value, or safety
Reasonable Repair Attempts
Before lemon law remedies apply, the manufacturer must have a reasonable opportunity to repair. This means:
- Three or more attempts to repair the same nonconformity, OR
- The vehicle is out of service for 15 or more cumulative days, OR
- One repair attempt for a defect likely to cause death or serious injury
Consumer Remedies
If the manufacturer fails to repair, consumers can demand:
- Replacement: A comparable new vehicle
- Refund: Full purchase price minus a reasonable offset for use
- Attorney fees: If you prevail in arbitration or court
Florida requires consumers to first go through the manufacturer's certified dispute resolution program (if one exists) before filing a lawsuit.
Florida Contractor Licensing and Disputes
Florida heavily regulates contractors through the Construction Industry Licensing Board under Florida Statute Chapter 489.
Contractor Licensing Requirements
In Florida, contractors must be licensed for most work over $1,000. There are two types of licenses:
- State Certified: Valid throughout Florida, issued by the state Construction Industry Licensing Board
- County Registered: Valid only in specific counties that issue them
Dealing with Unlicensed Contractors
If you paid an unlicensed contractor who did poor work or abandoned the project:
- Report them to the Florida Department of Business and Professional Regulation (DBPR)
- File a complaint with the Florida Construction Industry Licensing Board
- Unlicensed contracting is a criminal offense (third-degree felony for amounts over $1,000)
- Sue in civil court for breach of contract and potentially FDUTPA violations
Florida Construction Lien Law
Florida Statute Chapter 713 governs construction liens. Important protections include:
- Contractors and subcontractors can place liens on your property for unpaid work
- Homeowners can request a "Contractor's Final Payment Affidavit" before final payment
- Paying by joint check (to contractor and subcontractor) protects against subcontractor liens
- Liens must be recorded within 90 days of final furnishing of labor or materials
Filing Complaints with Florida Agencies
Florida Attorney General
The Office of the Attorney General handles consumer complaints against businesses operating in Florida:
- Online: MyFloridaLegal.com
- Phone: 1-866-9-NO-SCAM (1-866-966-7226)
- Mail: Office of the Attorney General, PL-01 The Capitol, Tallahassee, FL 32399-1050
The AG can investigate patterns of misconduct, seek injunctions, and pursue civil penalties against bad actors.
Florida Department of Agriculture and Consumer Services
For specific industries, file complaints with:
- Division of Consumer Services: 1-800-435-7352
- Handles complaints about gas stations, telemarketing, credit services, health studios, and more
- Online complaint form at FDACS.gov
Florida DBPR (Department of Business and Professional Regulation)
For licensed professionals (contractors, real estate agents, cosmetologists, etc.):
- Online: MyFloridaLicense.com
- Phone: 850-487-1395
- Can investigate and discipline licensed professionals
Florida Statutes of Limitations
You must file your lawsuit within Florida's deadline for your type of claim:
| Claim Type | Time Limit | Florida Statute |
|---|---|---|
| Written contracts | 5 years | F.S. 95.11(2)(b) |
| Oral contracts | 4 years | F.S. 95.11(3)(k) |
| FDUTPA claims | 4 years | F.S. 95.11(3)(f) |
| Property damage | 4 years | F.S. 95.11(3)(h) |
| Personal injury | 4 years | F.S. 95.11(3)(a) |
| Fraud | 4 years (from discovery) | F.S. 95.11(3)(j) |
| Construction defects | 4 years (10-year repose) | F.S. 95.11(3)(c) |
Frequently Asked Questions
Do I need a lawyer for Florida small claims court?
No, you can represent yourself. Florida small claims procedures are designed for self-represented parties. However, if the other side has an attorney, you may want one too. Many consumer attorneys take FDUTPA cases on contingency because of the attorney fee provision.
Can I sue for more than $8,000?
Yes, but not in small claims court. For claims over $8,000, you must file in County Court (up to $50,000) or Circuit Court (over $50,000). These courts have more formal procedures.
How long does small claims take in Florida?
From filing to resolution, expect 60-90 days. Most cases settle at mandatory pre-trial mediation. If you go to trial, decisions are typically issued the same day or within a few weeks.
What if the defendant doesn't show up?
You can request a default judgment. You'll need to prove your damages, but without opposition, this is usually straightforward. The clerk or judge will enter judgment in your favor.
Can I recover attorney fees in Florida?
Yes, if your claim falls under FDUTPA or certain other statutes (like security deposit claims). Florida follows the "American Rule" where each party pays their own fees, unless a statute or contract provides otherwise. FDUTPA is one of those statutes.
What if I was scammed by an out-of-state company?
If the company does business in Florida or the transaction occurred in Florida, you can likely sue in Florida courts. Florida's long-arm statute (F.S. 48.193) gives courts jurisdiction over out-of-state defendants who cause harm in Florida.
How do I find out if a contractor is licensed in Florida?
Visit MyFloridaLicense.com and search by name or license number. You can also call DBPR at 850-487-1395. Always verify licensing before hiring any contractor.
Florida Consumer Resources
Florida Attorney General
- Consumer Protection Hotline: 1-866-9-NO-SCAM (1-866-966-7226)
- Website: MyFloridaLegal.com
- File complaints online through the AG's consumer portal
Florida Bar Lawyer Referral Service
- Phone: 1-800-342-8011
- Free 30-minute consultations with qualified attorneys
- Website: FloridaBar.org
Florida Legal Aid
- Florida Rural Legal Services: 1-888-582-3410
- Legal Aid of Palm Beach County: 561-655-8944
- Jacksonville Area Legal Aid: 904-356-8371
- Legal Services of Greater Miami: 305-576-0080
Florida Courts Self-Help Resources
- FloridaCourts.org/resources-and-services/family-courts/self-help
- Small claims forms and instructions available online
- Many courthouses have self-help centers with staff to assist
Take Action in Florida
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