Senate Bill sb1580c1

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    Florida Senate - 2003                           CS for SB 1580

    By the Committee on Banking and Insurance; and Senators
    Aronberg, Fasano and Lawson




    311-2181-03

  1                      A bill to be entitled

  2         An act relating to consumer protection;

  3         creating ss. 501.165, 501.166, F.S.;

  4         prohibiting the use of deception to obtain

  5         certain personal information for commercial

  6         solicitation purposes; prohibiting the sale or

  7         disclosure of personal customer information by

  8         persons in bankruptcy; amending s. 501.2075,

  9         F.S.; providing an exception to a civil

10         penalty; creating s. 501.2076, F.S.;

11         prohibiting falsely representing oneself as

12         being affiliated with a law enforcement or

13         firefighting agency or public utility;

14         providing a penalty; providing that a violation

15         of s. 817.568, F.S., is an unfair or deceptive

16         act or practice or unfair method of competition

17         in violation of part II of ch. 501, F.S.;

18         providing penalties; providing an effective

19         date.

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21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Section 501.2076, Florida Statutes, is

24  created to read:

25         501.2076  Misrepresentations; law enforcement,

26  firefighters, or public utilities.--Any person who engages in

27  a deceptive and unfair trade practice with the intent to

28  deceive another person into believing that he or she is

29  affiliated with a law enforcement agency, firefighting agency,

30  or public utility is subject to a civil penalty not to exceed

31  $15,000 for each violation.

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    Florida Senate - 2003                           CS for SB 1580
    311-2181-03




 1         Section 2.  Section 501.165, Florida Statutes, is

 2  created to read:

 3         501.165  Obtaining personal information for commercial

 4  solicitation.--Any person who uses deceptive practices or

 5  means to obtain another person's address, telephone number, or

 6  social security number and uses it to engage in commercial

 7  solicitation commits an unfair or deceptive act or practice or

 8  unfair method of competition in violation of part II of this

 9  chapter, and is subject to the penalties and remedies provided

10  for such violation, in addition to remedies otherwise

11  available for such conduct.

12         Section 3.  Section 501.2075, Florida Statutes, is

13  amended to read:

14         501.2075  Civil penalty.--Except as provided in s.

15  501.2076 or s. 501.2077, any person, firm, corporation,

16  association, or entity, or any agent or employee of the

17  foregoing, who is willfully using, or has willfully used, a

18  method, act, or practice declared unlawful under s. 501.204,

19  or who is willfully violating any of the rules of the

20  department adopted under this part, is liable for a civil

21  penalty of not more than $10,000 for each such violation.

22  Willful violations occur when the person knew or should have

23  known that his or her conduct was unfair or deceptive or

24  prohibited by rule.  This civil penalty may be recovered in

25  any action brought under this part by the enforcing authority;

26  or the enforcing authority may terminate any investigation or

27  action upon agreement by the person, firm, corporation,

28  association, or entity, or the agent or employee of the

29  foregoing, to pay a stipulated civil penalty.  The department

30  or the court may waive any such civil penalty if the person,

31  firm, corporation, association, or entity, or the agent or

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    Florida Senate - 2003                           CS for SB 1580
    311-2181-03




 1  employee of the foregoing, has previously made full

 2  restitution or reimbursement or has paid actual damages to the

 3  consumers or governmental entities who have been injured by

 4  the unlawful act or practice or rule violation.  If civil

 5  penalties are assessed in any litigation, the enforcing

 6  authority is entitled to reasonable attorney's fees and costs.

 7  A civil penalty so collected shall accrue to the state and

 8  shall be deposited as received into the General Revenue Fund

 9  unallocated.

10         Section 4.  Section 501.166, Florida Statutes, is

11  created to read:

12         501.166  Selling personal customer information.--

13         (1)  A person who files for bankruptcy may not sell or

14  otherwise transfer to another any database that contains

15  personal customer information if the bankrupt person, through

16  contract or a published privacy policy, agreed or stated that

17  such personal customer information would not be disclosed.

18         (2)  A person who violates or fails to comply with

19  subsection (1) commits an unfair or deceptive act or practice

20  or unfair method of competition in violation of part II of

21  this chapter and is subject to the penalties and remedies

22  provided for such violation, in addition to remedies otherwise

23  available for such conduct.

24         Section 5.  A person who violates or fails to comply

25  with any provision of s. 817.568, Florida Statutes, commits an

26  unfair or deceptive act or practice or unfair method of

27  competition in violation of part II of chapter 501, Florida

28  Statutes, and is subject to the penalties and remedies

29  provided for such violation, in addition to remedies otherwise

30  available for such conduct.

31         Section 6.   This act shall take effect July 1, 2003.

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    Florida Senate - 2003                           CS for SB 1580
    311-2181-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1580

 3                                 

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    The committee substitute provides the following changes:
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    1.   Amends Florida's Deceptive and Unfair Trade Practices Act
 6       (FDUTPA) to provide higher civil penalties for persons
         who deceive others into believing that they are
 7       affiliated with a law enforcement agency, firefighting
         agency, or public utility. Persons violating this
 8       provision would be subject to a civil penalty of up to
         $15,000, rather than $10,000.
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    2.   Provides that it is a violation of FDUTPA for any person
10       to use deceptive practices to obtain another person's
         address, phone number, and other information to engage in
11       commercial solicitation.

12  3.   Prohibits a person in bankruptcy from selling or
         transferring any database that contains personal customer
13       information, if the bankrupt person had agreed through
         contract or privacy policy that this information would
14       not be disclosed, and provides a cause of action for such
         disclosures under the provisions of FDUTPA.
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    4.   Provides that any person who violates or fails to comply
16       with the identity theft law, s. 817.568, F.S., commits an
         unfair or deceptive act and is subject to the penalties
17       and remedies of FDUTPA.

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