| 1 | Representative Vana offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause, and insert: |
| 5 |
|
| 6 | Section 1. Section 501.165, Florida Statutes, is created |
| 7 | to read: |
| 8 | 501.165 Obtaining personal information for commercial |
| 9 | solicitation.--Any person who intentionally uses deceptive |
| 10 | practices or means to obtain another person's address, telephone |
| 11 | number, or social security number and uses it to engage in |
| 12 | commercial solicitation, or provides it to another person for |
| 13 | purposes of commercial solicitation, commits an unfair or |
| 14 | deceptive act or practice or unfair method of competition in |
| 15 | violation of part II of this chapter, and is subject to the |
| 16 | penalties and remedies provided for such violation, in addition |
| 17 | to remedies otherwise available for such conduct. |
| 18 | Section 2. Section 501.166, Florida Statutes, is created |
| 19 | to read: |
| 20 | 501.166 Sale or transfer of personal customer |
| 21 | information.-- |
| 22 | (1) A person or an entity may not sell or otherwise |
| 23 | transfer to a third party personal customer information that is |
| 24 | protected from disclosure by law, contract, or a published |
| 25 | privacy policy unless the purchaser or transferee agrees to |
| 26 | abide by the contract or by the seller's or transferor's then- |
| 27 | existing privacy policy, if applicable. |
| 28 | (2) The prohibition set forth in subsection (1) applies to |
| 29 | any customer who resides in this state at the time the personal |
| 30 | customer information is sold, transferred, or otherwise |
| 31 | obtained. |
| 32 | (3) A person who violates or fails to comply with |
| 33 | subsection (1) commits an unfair or deceptive act or practice or |
| 34 | unfair method of competition in violation of part II of this |
| 35 | chapter and is subject to the penalties and remedies provided |
| 36 | for such a violation, in addition to remedies otherwise |
| 37 | available by law for such conduct. |
| 38 | Section 3. Section 501.2075, Florida Statutes, is amended |
| 39 | to read: |
| 40 | 501.2075 Civil penalty.--Except as provided in s. 501.2076 |
| 41 | or s. 501.2077, any person, firm, corporation, association, or |
| 42 | entity, or any agent or employee of the foregoing, who is |
| 43 | willfully using, or has willfully used, a method, act, or |
| 44 | practice declared unlawful under s. 501.204, or who is willfully |
| 45 | violating any of the rules of the department adopted under this |
| 46 | part, is liable for a civil penalty of not more than $10,000 for |
| 47 | each such violation. Willful violations occur when the person |
| 48 | knew or should have known that his or her conduct was unfair or |
| 49 | deceptive or prohibited by rule. This civil penalty may be |
| 50 | recovered in any action brought under this part by the enforcing |
| 51 | authority; or the enforcing authority may terminate any |
| 52 | investigation or action upon agreement by the person, firm, |
| 53 | corporation, association, or entity, or the agent or employee of |
| 54 | the foregoing, to pay a stipulated civil penalty. The |
| 55 | department or the court may waive any such civil penalty if the |
| 56 | person, firm, corporation, association, or entity, or the agent |
| 57 | or employee of the foregoing, has previously made full |
| 58 | restitution or reimbursement or has paid actual damages to the |
| 59 | consumers or governmental entities who have been injured by the |
| 60 | unlawful act or practice or rule violation. If civil penalties |
| 61 | are assessed in any litigation, the enforcing authority is |
| 62 | entitled to reasonable attorney's fees and costs. A civil |
| 63 | penalty so collected shall accrue to the state and shall be |
| 64 | deposited as received into the General Revenue Fund unallocated. |
| 65 | Section 4. Section 501.2076, Florida Statutes, is created |
| 66 | to read: |
| 67 | 501.2076 Misrepresentations; law enforcement, |
| 68 | firefighters, or public utilities.--Any person who engages in a |
| 69 | deceptive and unfair trade practice with the intent to deceive |
| 70 | another person into believing that he or she is affiliated with |
| 71 | a law enforcement agency, firefighting agency, or public utility |
| 72 | is subject to a civil penalty not to exceed $15,000 for each |
| 73 | violation. |
| 74 | Section 5. A person who violates or fails to comply with |
| 75 | any provision of section 817.568, Florida Statutes, commits an |
| 76 | unfair or deceptive act or practice or unfair method of |
| 77 | competition in violation of part II of chapter 501, Florida |
| 78 | Statutes, and is subject to the penalties and remedies provided |
| 79 | for such violation, in addition to remedies otherwise available |
| 80 | for such conduct. |
| 81 | Section 6. Subsection (3) of section 501.203, Florida |
| 82 | Statutes, is amended to read: |
| 83 | 501.203 Definitions.--As used in this chapter, unless the |
| 84 | context otherwise requires, the term: |
| 85 | (3) "Violation of this part" means any violation of this |
| 86 | act or the rules adopted under this act and may be based upon |
| 87 | any of the following as of July 1, 2004 2001: |
| 88 | (a) Any rules promulgated pursuant to the Federal Trade |
| 89 | Commission Act, 15 U.S.C. ss. 41 et seq.; |
| 90 | (b) The standards of unfairness and deception set forth |
| 91 | and interpreted by the Federal Trade Commission or the federal |
| 92 | courts; |
| 93 | (c) Any law, statute, rule, regulation, or ordinance which |
| 94 | proscribes unfair methods of competition, or unfair, deceptive, |
| 95 | or unconscionable acts or practices. |
| 96 | Section 7. Subsection (2) of section 501.204, Florida |
| 97 | Statutes, is amended to read: |
| 98 | 501.204 Unlawful acts and practices.-- |
| 99 | (2) It is the intent of the Legislature that, in |
| 100 | construing subsection(1), due consideration and great weight |
| 101 | shall be given to the interpretations of the Federal Trade |
| 102 | Commission and the federal courts relating to s. 5(a)(1) of the |
| 103 | Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July |
| 104 | 1, 2004 2001. |
| 105 | Section 8. If any provision of this act or the application |
| 106 | thereof to any person or circumstance is held invalid, the |
| 107 | invalidity does not affect other provisions or applications of |
| 108 | this act which can be given effect without the invalid provision |
| 109 | or application, and to this end the provisions of this act are |
| 110 | declared severable. |
| 111 | Section 9. Subsection (3) of section 501.207, Florida |
| 112 | Statutes, is amended to read: |
| 113 | 501.207 Remedies of enforcing authority.-- |
| 114 | (3) Upon motion of the enforcing authority or any |
| 115 | interested party in any action brought under subsection (1), the |
| 116 | court may make appropriate orders, including, but not limited |
| 117 | to, appointment of a master or receiver or sequestration or |
| 118 | freezing of assets, to reimburse consumers or governmental |
| 119 | entities found to have been damaged; to carry out a transaction |
| 120 | in accordance with the reasonable expectations of consumers or |
| 121 | governmental entities; to strike or limit the application of |
| 122 | clauses of contracts to avoid an unconscionable result; to bring |
| 123 | actions in the name of and on behalf of the defendant |
| 124 | enterprise; to order any defendant to divest herself or himself |
| 125 | of any interest in any enterprise, including real estate; to |
| 126 | impose reasonable restrictions upon the future activities of any |
| 127 | defendant to impede her or him from engaging in or establishing |
| 128 | the same type of endeavor; to order the dissolution or |
| 129 | reorganization of any enterprise; or to grant legal, equitable, |
| 130 | or other appropriate relief. The court may assess the expenses |
| 131 | of a master or receiver against a person who has violated, is |
| 132 | violating, or is otherwise likely to violate this part. Any |
| 133 | injunctive order, whether temporary or permanent, issued by the |
| 134 | court shall be effective throughout the state unless otherwise |
| 135 | provided in the order. |
| 136 | Section 10. This act shall take effect July 1, 2004. |
| 137 |
|
| 138 |
|
| 139 | ================ T I T L E A M E N D M E N T ============= |
| 140 | Remove the entire title, and insert: |
| 141 |
|
| 142 | A bill to be entitled |
| 143 | An act relating to consumer protection; creating ss. |
| 144 | 501.165 and 501.166, F.S.; prohibiting the use of |
| 145 | deception to obtain certain personal information for |
| 146 | commercial solicitation purposes; prohibiting the sale or |
| 147 | other transfer to a third party of personal customer |
| 148 | information that is protected from disclosure; providing |
| 149 | exceptions; providing applicability; providing that |
| 150 | transferring such protected information in violation of |
| 151 | this section is an unfair or deceptive act or practice or |
| 152 | unfair method of competition; providing penalties; |
| 153 | amending s. 501.2075, F.S.; providing an exception to a |
| 154 | civil penalty; creating s. 501.2076, F.S.; prohibiting |
| 155 | falsely representing oneself as being affiliated with a |
| 156 | law enforcement or firefighting agency or public utility; |
| 157 | providing a penalty; providing that a violation of s. |
| 158 | 817.568, F.S., is an unfair or deceptive act or practice |
| 159 | or unfair method of competition in violation of part II of |
| 160 | ch. 501, F.S.; providing penalties; amending ss. 501.203 |
| 161 | and 501.204, F.S.; changing obsolete dates; providing |
| 162 | severability; amending s. 501.207, F.S., relating to |
| 163 | remedies of the enforcing authority under the Florida |
| 164 | Deceptive and Unfair Trade Practices Act; providing that |
| 165 | the court may order actions brought under that act on |
| 166 | behalf of an enterprise; providing an effective date. |