Senate Bill sb1580e1

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    CS for CS for SB 1580                          First Engrossed



  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; providing an exception;

  9         amending s. 501.2075, F.S.; providing an

10         exception to a civil penalty; creating s.

11         501.2076, F.S.; prohibiting falsely

12         representing oneself as being affiliated with a

13         law enforcement or firefighting agency or

14         public utility; providing a penalty; providing

15         that a violation of s. 817.568, F.S., is an

16         unfair or deceptive act or practice or unfair

17         method of competition in violation of part II

18         of ch. 501, F.S.; providing penalties; amending

19         ss. 501.23 and 501.24, F.S.; changing obsolete

20         dates; providing an effective date.

21  

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

23  

24         Section 1.  Section 501.2076, Florida Statutes, is

25  created to read:

26         501.2076  Misrepresentations; law enforcement,

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

28  a deceptive and unfair trade practice with the intent to

29  deceive another person into believing that he or she is

30  affiliated with a law enforcement agency, firefighting agency,

31  


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    CS for CS for SB 1580                          First Engrossed



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

 2  $15,000 for each violation.

 3         Section 2.  Section 501.165, Florida Statutes, is

 4  created to read:

 5         501.165  Obtaining personal information for commercial

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

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

 8  social security number and uses it to engage in commercial

 9  solicitation, or provides it to another person for purposes of

10  commercial solicitation, commits an unfair or deceptive act or

11  practice or unfair method of competition in violation of part

12  II of this chapter, and is subject to the penalties and

13  remedies provided for such violation, in addition to remedies

14  otherwise available for such conduct.

15         Section 3.  Section 501.2075, Florida Statutes, is

16  amended to read:

17         501.2075  Civil penalty.--Except as provided in s.

18  501.2076 or s. 501.2077, any person, firm, corporation,

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

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

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

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

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

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

25  Willful violations occur when the person knew or should have

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

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

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

29  or the enforcing authority may terminate any investigation or

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

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


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    CS for CS for SB 1580                          First Engrossed



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

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

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

 4  employee of the foregoing, has previously made full

 5  restitution or reimbursement or has paid actual damages to the

 6  consumers or governmental entities who have been injured by

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

 8  penalties are assessed in any litigation, the enforcing

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

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

11  shall be deposited as received into the General Revenue Fund

12  unallocated.

13         Section 4.  Section 501.166, Florida Statutes, is

14  created to read:

15         501.166  Selling personal customer information.--

16         (1)  Unless mandated by the Florida Public Service

17  Commission, a person who files for bankruptcy may not sell or

18  otherwise transfer to another any database that contains

19  personal customer information if the bankrupt person, through

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

21  such personal customer information would not be disclosed.

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

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

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

25  this chapter and is subject to the penalties and remedies

26  provided for such violation, in addition to remedies otherwise

27  available for such conduct.

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

29  with any provision of section 817.568, Florida Statutes,

30  commits an unfair or deceptive act or practice or unfair

31  method of competition in violation of part II of chapter 501,


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    CS for CS for SB 1580                          First Engrossed



 1  Florida Statutes, and is subject to the penalties and remedies

 2  provided for such violation, in addition to remedies otherwise

 3  available for such conduct.

 4         Section 6.  Subsection (3) of section 501.203, Florida

 5  Statutes, is amended to read:

 6         501.203  Definitions.--As used in this chapter, unless

 7  the context otherwise requires, the term:

 8         (3)  "Violation of this part" means any violation of

 9  this act or the rules adopted under this act and may be based

10  upon any of the following as of July 1, 2003 2001:

11         (a)  Any rules promulgated pursuant to the Federal

12  Trade Commission Act, 15 U.S.C. ss. 41 et seq.;

13         (b)  The standards of unfairness and deception set

14  forth and interpreted by the Federal Trade Commission or the

15  federal courts;

16         (c)  Any law, statute, rule, regulation, or ordinance

17  which proscribes unfair methods of competition, or unfair,

18  deceptive, or unconscionable acts or practices.

19         Section 7.  Subsection (2) of section 501.204, Florida

20  Statutes, is amended to read:

21         501.204  Unlawful acts and practices.--

22         (2)  It is the intent of the Legislature that, in

23  construing subsection (1), due consideration and great weight

24  shall be given to the interpretations of the Federal Trade

25  Commission and the federal courts relating to s. 5(a)(1) of

26  the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of

27  July 1, 2003 2001.

28         Section 8.  This act shall take effect July 1, 2003.

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30  

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