USA – FLORIDA Law and Practice Contributed by: Diego R. Figueroa Rodríguez, DLA Piper
es Act (Florida Statutes 501.201-213), which prohibits unfair competition methods and deceptive actions in commerce. It is not necessary to prove actual decep - tion; instead, a representation, omission, or practice will be considered deceptive if – given its nature, the specifics of the claim and transaction and the par - ties’ level of sophistication and reliance – it is likely to mislead the consumer ( Rollins, Inc. v Butland , 951 So. 2d 860 (Fla. 2d DCA 2006)). Sellers who provide inaccurate information or employ misleading tactics are therefore engaging in deceptive trade practices. Remedies for deceptive acts include declaratory relief, injunctive relief and recovery of actual damages, along with attorneys’ fees and costs (excluding consequen - tial or special damages). Willful violations may result in civil penalties up to USD10,000 per infraction. Recent Legal Case A notable ongoing authentication case in the Southern District of Florida ( USA v Howard Roberts et al (Case No. 1:25-cr-20142)) involves the indictment of an art dealer in Coconut Grove for allegedly selling USD6 million in counterfeit Warhol artworks. Plaintiff alleges breach of contract, breach of express warranty, unjust enrichment, fraud, conversion and other violations of Florida law. The US does not have a specific definition of cultural heritage. However, it is a party to the 1970 UNESCO Convention, which defines “cultural property” as prop - erty designated by each state on religious or secular grounds as of importance for archaeology, prehistory, history, literature, art, or science. This includes items belonging to designated categories such as rare col - lections, archaeological excavation products, antiqui - ties that are more than 100 years old and artistic inter - est property such as paintings, drawings, sculptures, engravings, prints, lithographs, artistic assemblages, montages in any material and ethnographic materials, among others. For more in-depth information, please refer to the USA Practice Guide. 5. Cultural Heritage 5.1 Defining Cultural Heritage
In Florida, the Historical Resources Act (HRA) (Florida Statute 267.021) defines “historic property” or “his - toric resource” as any prehistoric or historic district, site, building, object or other real or personal prop - erty of historical, architectural, or archaeological sig - nificance, including folklife resources. These proper - ties or resources encompass a wide range of items, such as monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, treasure troves, artefacts and other objects with intrinsic historical or archaeological value (or any part thereof) that relate to the history, government and culture of the state. Another relevant Florida law is the Arts and Culture Act (ACA) (Florida Statutes 265.281-703). The Division of Arts and Culture (DAC), within the Florida Department of State, plays a crucial role in fostering an under - standing and appreciation of Florida’s rich history. The DAC facilitates the preservation, collection, research, exhibition, interpretation and stewardship of artefacts, museum items, treasure troves and other historical materials. To safeguard Florida’s distinctive heritage, which spans more than 10,000 years of human habita - tion, the DAC implements professional standards for the conservation and public presentation of histori - cal resources under state ownership or management. Furthermore, the DAC actively identifies, acquires, protects, preserves, operates and interprets assets – including Native American sites, ceremonial locations, former settlements, submerged or abandoned ves - sels, treasure troves and other historically or archaeo - logically significant objects. 5.2 Cultural Heritage and Adverse Possession In Florida, adverse possession primarily applies to real property, such as land and buildings, rather than personal property. Given the intent and provisions of the Florida Historical Resources Act (HRA) (Florida Statutes 267.021), it is unlikely that an individual can claim ownership of cultural heritage objects unless their actions comply with the HRA and the regulations set by the Division of Historical Resources within the Florida Department of State. For added relevant information, please refer to the other parts in 5 Cultural Heritage. Additionally, refer
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