HB 0393 2004
1	A bill to be entitled
2	An act relating to consumer protection; creating s.
3	501.165, F.S.; prohibiting the use of deception to obtain
4	certain personal information for commercial solicitation
5	purposes; providing penalties; creating s. 501.166, F.S.;
6	prohibiting the sale or disclosure of personal customer
7	information by persons in bankruptcy; providing an
8	exception; providing penalties; amending s. 501.2075,
9	F.S.; providing an exception to a civil penalty; creating
10	s. 501.2076, F.S.; prohibiting falsely representing
11	oneself as being affiliated with a law enforcement or
12	firefighting agency or public utility; providing a civil
13	penalty; providing that a violation of s. 817.568, F.S.,
14	relating to criminal use of personal identification
15	information, is an unfair or deceptive act or practice or
16	unfair method of competition in violation of pt. II of ch.
17	501, F.S.; providing penalties; amending ss. 501.203 and
18	501.204, F.S.; changing obsolete dates; providing an
19	effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Section 501.165, Florida Statutes, is created
24	to read:
25	501.165 Obtaining personal information for commercial
26	solicitation.--Any person who uses deceptive practices or means
27	to obtain another person's address, telephone number, or social
28	security number and uses it to engage in commercial
29	solicitation, or provides it to another person for purposes of
30	commercial solicitation, commits an unfair or deceptive act or
31	practice or engages in an unfair method of competition in
32	violation of part II of this chapter, and is subject to the
33	penalties and remedies provided for such violation, in addition
34	to remedies otherwise available for such conduct.
35	Section 2. Section 501.166, Florida Statutes, is created
36	to read:
37	501.166 Selling personal customer information.--
38	(1) Unless mandated by the Florida Public Service
39	Commission, any person organized or incorporated under the laws
40	of this state who files for bankruptcy or who is insolvent,
41	including any successor, assignee, trustee, receiver, or
42	representative of such person, inclusive of those appointed by
43	any court, may not sell or otherwise transfer to a third party
44	personal customer information that is protected from disclosure
45	by contract or a published privacy policy, unless the person
46	obtains the customer's affirmative consent to waive the privacy
47	policy or contract.
48	(2) A person who violates or fails to comply with
49	subsection (1) commits an unfair or deceptive act or practice or
50	engages in an unfair method of competition in violation of part
51	II of this chapter and is subject to the penalties and remedies
52	provided for such violation, in addition to remedies otherwise
53	available for such conduct.
54	Section 3. Section 501.2075, Florida Statutes, is amended
55	to read:
56	501.2075 Civil penalty.--Except as provided in s. 501.2076
57	ors. 501.2077, any person, firm, corporation, association, or
58	entity, or any agent or employee of the foregoing, who is
59	willfully using, or has willfully used, a method, act, or
60	practice declared unlawful under s. 501.204, or who is willfully
61	violating any of the rules of the department adopted under this
62	part, is liable for a civil penalty of not more than $10,000 for
63	each such violation. Willful violations occur when the person
64	knew or should have known that his or her conduct was unfair or
65	deceptive or prohibited by rule. This civil penalty may be
66	recovered in any action brought under this part by the enforcing
67	authority; or the enforcing authority may terminate any
68	investigation or action upon agreement by the person, firm,
69	corporation, association, or entity, or the agent or employee of
70	the foregoing, to pay a stipulated civil penalty. The
71	department or the court may waive any such civil penalty if the
72	person, firm, corporation, association, or entity, or the agent
73	or employee of the foregoing, has previously made full
74	restitution or reimbursement or has paid actual damages to the
75	consumers or governmental entities who have been injured by the
76	unlawful act or practice or rule violation. If civil penalties
77	are assessed in any litigation, the enforcing authority is
78	entitled to reasonable attorney's fees and costs. A civil
79	penalty so collected shall accrue to the state and shall be
80	deposited as received into the General Revenue Fund unallocated.
81	Section 4. Section 501.2076, Florida Statutes, is created
82	to read:
83	501.2076 Misrepresentations; law enforcement,
84	firefighters, or public utilities.--Any person who engages in a
85	deceptive and unfair trade practice with the intent to deceive
86	another person into believing that he or she is affiliated with
87	a law enforcement agency, firefighting agency, or public utility
88	is subject to a civil penalty not to exceed $15,000 for each
89	violation.
90	Section 5. A person who violates or fails to comply with
91	any provision of s. 817.568, Florida Statutes, commits an unfair
92	or deceptive act or practice or engages in an unfair method of
93	competition in violation of part II of chapter 501, Florida
94	Statutes, and is subject to the penalties and remedies provided
95	for such violation, in addition to remedies otherwise available
96	for such conduct.
97	Section 6. Subsection (3) of section 501.203, Florida
98	Statutes, is amended to read:
99	501.203 Definitions.--As used in this chapter, unless the
100	context otherwise requires, the term:
101	(3) "Violation of this part" means any violation of this
102	act or the rules adopted under this act and may be based upon
103	any of the following as of July 1, 2004 2001:
104	(a) Any rules promulgated pursuant to the Federal Trade
105	Commission Act, 15 U.S.C. ss. 41 et seq.;
106	(b) The standards of unfairness and deception set forth
107	and interpreted by the Federal Trade Commission or the federal
108	courts;
109	(c) Any law, statute, rule, regulation, or ordinance which
110	proscribes unfair methods of competition, or unfair, deceptive,
111	or unconscionable acts or practices.
112	Section 7. Subsection (2) of section 501.204, Florida
113	Statutes, is amended to read:
114	501.204 Unlawful acts and practices.--
115	(2) It is the intent of the Legislature that, in
116	construing subsection(1), due consideration and great weight
117	shall be given to the interpretations of the Federal Trade
118	Commission and the federal courts relating to s. 5(a)(1) of the
119	Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July
120	1, 2004 2001.
121	Section 8. This act shall take effect July 1, 2004.