Florida Senate - 2014 SB 1340 By Senator Flores 37-01119A-14 20141340__ 1 A bill to be entitled 2 An act relating to consumer protection; creating part 3 VII of chapter 501, F.S.; providing a short title; 4 providing applicability; providing definitions; 5 requiring owners and operators of specified websites 6 and online services to disclose certain information; 7 providing for enforcement of the act; providing for 8 injunctive relief and civil penalties; providing that 9 violations of the act constitute violations of the 10 Florida Deceptive and Unfair Trade Practices Act; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Part VII of chapter 501, Florida Statutes, 16 consisting of sections 501.980 through 501.986, is created to 17 read: 18 PART VII 19 TRUE ORIGIN OF GOODS ACT 20 501.980 Short title.—This part may be cited as the “Florida 21 True Origin of Goods Act.” 22 501.981 Applicability.— 23 (1) This part is supplemental to those provisions of state 24 and federal criminal and civil law which impose prohibitions or 25 provide penalties, sanctions, or remedies against the same 26 conduct prohibited by this part. 27 (2) This part does not: 28 (a) Bar any cause of action that would otherwise be 29 available. 30 (b) Preclude any action that would otherwise be available. 31 (c) Preclude the imposition of penalties or sanctions or 32 the pursuit of remedies otherwise provided for by law. 33 (d) Authorize duplicate enforcement of penalties, 34 sanctions, and remedies provided for under part II. 35 (e) Preclude the applicability of any other law that 36 prohibits, penalizes, or imposes sanctions or remedies for any 37 conduct that violates this section. 38 501.982 Definitions.—As used in this part, the term: 39 (1) “Commercial recording or audiovisual work” means a 40 recording or audiovisual work whose owner, assignee, authorized 41 agent, or licensee has made or intends to make available such 42 recording or audiovisual work for sale, rental, or for 43 performance or exhibition to the public under license, but does 44 not include an excerpt consisting of less than substantially all 45 of a recording or audiovisual work. A recording or audiovisual 46 work may be commercial, regardless of whether a person who 47 electronically disseminates it seeks commercial advantage or 48 private financial gain from the dissemination. 49 (2) “Electronic dissemination” means initiating a 50 transmission of, making available, or otherwise offering a 51 commercial recording or audiovisual work for distribution on the 52 Internet or other digital network, regardless of whether someone 53 else has previously electronically disseminated the same 54 commercial recording or audiovisual work. 55 (3) “Physical address” means a mailing address, including a 56 zip code, which details the actual location of a person or 57 entity. The term does not include a post office box or e-mail 58 address. 59 501.983 Disclosure of information.— 60 (1) A person that owns or operates a website or online 61 service that sells, offers for sale, or distributes, directly or 62 indirectly, prescription medications, tobacco products, or motor 63 vehicle parts to consumers in this state shall clearly and 64 conspicuously disclose his or her true and correct name, 65 physical address, and telephone number on his or her website or 66 online service in a location readily accessible to a consumer 67 using or visiting the website or online service. 68 (2) A person that owns or operates a website or online 69 service dealing in the electronic dissemination of commercial 70 recordings or audiovisual works, directly or indirectly, to 71 consumers in this state shall clearly and conspicuously disclose 72 his or her true and correct name, physical address, and 73 telephone number on his or her website or online service in a 74 location readily accessible to a consumer using or visiting the 75 website or online service. 76 (3) The following locations are deemed readily accessible 77 for purposes of this section: 78 (a) A landing or home web page or screen; 79 (b) An “about” or “about us” web page or screen; 80 (c) A “contact” or “contact us” web page or screen; 81 (d) An information web page or screen; or 82 (e) Another place on the website or online service commonly 83 used to display identifying information to consumers. 84 501.984 Enforcement; injunctive relief.— 85 (1) This part shall be enforced by the state attorney if a 86 violation of this part occurs in or affects the judicial circuit 87 under the state attorney’s jurisdiction or by the Department of 88 Legal Affairs if a violation occurs in or affects more than one 89 judicial circuit, if the state attorney defers to the department 90 in writing, or if the state attorney fails to act upon a 91 violation within 90 days after a written complaint is filed with 92 the state attorney. 93 (2) The state attorney or the Department of Legal Affairs 94 may bring an action to obtain a declaratory judgment that an act 95 or practice violates this part or enjoin a practice in violation 96 of this part. The prevailing party in a cause under this section 97 is entitled to recover necessary expenses and reasonable 98 attorney fees. 99 501.985 Civil penalties.— 100 (1) If a person is found to be in violation of this part in 101 a civil action, the court shall assess against the person a 102 civil penalty not to exceed $2,500. 103 (2) If a person found to be in violation of this part in a 104 civil action fails to comply with a permanent injunction, 105 judgment, or court order compelling compliance with this part, 106 the court shall assess against the person a civil penalty of at 107 least $5,000 but not more than $10,000 for each day of 108 noncompliance. 109 (3) A civil penalty collected pursuant to this section 110 shall be deposited into the General Revenue Fund. 111 501.986 Deceptive and unfair trade practice.—A violation of 112 this part is a deceptive and unfair trade practice and 113 constitutes a violation of part II. A person who violates this 114 part commits a deceptive and unfair trade practice, punishable 115 by the penalties provided under part II, and is subject to the 116 enforcement of remedies for the violation as provided in part 117 II. 118 Section 2. This act shall take effect July 1, 2014.