Florida Senate - 2015                                    SB 1400
       
       
        
       By Senator Lee
       
       
       
       
       
       24-00711A-15                                          20151400__
    1                        A bill to be entitled                      
    2         An act relating to contact lens pricing practices;
    3         creating s. 501.161, F.S.; prohibiting certain acts by
    4         manufacturers of prescription contact lenses relating
    5         to the retail sale, advertising, pricing, and
    6         distribution of contact lenses; prohibiting the use of
    7         a contact lens distributor for certain purposes;
    8         providing for enforcement under the Florida Deceptive
    9         and Unfair Trade Practices Act; providing an effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 501.161, Florida Statutes, is created to
   15  read:
   16         501.161 Contact lens pricing practices.—
   17         (1) A manufacturer of prescription contact lenses may not:
   18         (a) Prevent, by any means, including through a unilateral
   19  policy or agreement, a retailer from selling or advertising
   20  contact lenses to consumers below any specified price.
   21         (b) Limit the ability of a retailer to determine prices at
   22  which contact lenses are offered or advertised to consumers.
   23         (c) Restrict options available to contact lens purchasers
   24  by discriminating in the distribution of contact lenses based on
   25  the channel of trade or based on whether the retailer is, or is
   26  associated with, a person or entity authorized by law to
   27  prescribe contact lenses.
   28         (2) A manufacturer may not use a contact lens distributor
   29  to avoid compliance with this section.
   30         (3) A violation of this section constitutes an unfair or
   31  deceptive act or practice within the meaning of the Florida
   32  Deceptive and Unfair Trade Practices Act, and the violator may
   33  be subject to civil or administrative action by an enforcing
   34  authority under part II of this chapter.
   35         Section 2. This act shall take effect July 1, 2015.