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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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.