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House Bill 1393

Florida House of Representatives - 1997 HB 1393 By Representative Villalobos 1 A bill to be entitled 2 An act relating to deceptive and unfair trade 3 practices; amending s. 501.203, F.S., relating 4 to definitions with respect to the Florida 5 Deceptive and Unfair Trade Practices Act; 6 defining "individual," "person," "consumer 7 goods or services," and "commercial goods or 8 services"; creating s. 501.2041, F.S., relating 9 to certain unlawful discriminatory practices; 10 defining the unlawful discriminatory practice 11 of restricting, or threatening or attempting to 12 restrict, the sale or lease of consumer or 13 commercial goods or services on the basis of 14 the consumer's or prospective consumer's race, 15 age, sex, national origin, creed, color, 16 residence, or domicile, or the intended place 17 of use of the goods or services; defining the 18 unlawful discriminatory practice of 19 implementing any penalty or making any charge 20 against a person, individual, or consumer or 21 prospective consumer, or withholding from or 22 failing to pay to same, an incentive, bonus, 23 holdback allowance, or rebate, for sale or 24 lease of consumer or commercial goods on 25 similar basis, or because of the intended place 26 of use of such goods or services; providing 27 that such unlawful discriminatory practices 28 constitute violations of part II of chapter 29 501, F.S.; providing penalties; providing an 30 effective date. 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1393 509-151-97 1 Be It Enacted by the Legislature of the State of Florida: 2 3 Section 1. Subsections (10), (11), (12), and (13) are 4 added to section 501.203, Florida Statutes, to read: 5 501.203 Definitions.--As used in this chapter, unless 6 the context otherwise requires, the term: 7 (3) "Violation of this part" means any violation of 8 this act and may be based upon any of the following: 9 (a) Any rules promulgated pursuant to the Federal 10 Trade Commission Act, 15 U.S.C. ss. 41 et seq. or this act; 11 (b) The standards of unfairness and deception set 12 forth and interpreted by the Federal Trade Commission or the 13 federal courts; 14 (c) Any law, statute, rule, regulation, or ordinance 15 which proscribes unfair methods of competition, or unfair, 16 deceptive, or unconscionable acts or practices. 17 (10) "Individual" means a single human being and does 18 not mean a firm, association of individuals, corporation, 19 partnership, joint venture, sole proprietorship, or any other 20 entity. 21 (11) "Person" includes any individual, group of 22 individuals, firm, association, corporation, partnership, 23 joint venture, sale proprietorship, or any other business 24 entity. 25 (12) "Consumer goods or services" means any real 26 property or any tangible or intangible personal property which 27 is normally used for personal, family, or household purposes 28 including, without limitation, any such property intended to 29 be attached to or installed in any real property, without 30 regard to whether it is so attached or installed. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1393 509-151-97 1 (13) "Commercial goods or services" means any real 2 property or any tangible or intangible personal property which 3 is normally used for commercial or business purposes 4 including, without limitation, any such property intended to 5 be attached to or installed in any real property, without 6 regard to whether it is so attached or installed. 7 Section 2. Section 501.2041, Florida Statutes, is 8 created to read: 9 501.2041 Unlawful discriminatory practices.-- 10 (1) Notwithstanding the terms of any agreement, it 11 shall be unlawful, by contract or otherwise, for any person or 12 individual to in any way restrict, or threaten or attempt to 13 restrict, the sale or lease of any consumer or commercial 14 goods or services to a consumer or prospective consumer 15 because of the consumer's or prospective consumer's race, age, 16 sex, national origin, creed, color, residence, or domicile, or 17 intended place of use of the goods or services. 18 (2) Notwithstanding the terms of any agreement, it 19 shall be unlawful, by contract or otherwise, for any person or 20 individual to implement any penalty or make any charge against 21 a person or individual, or consumer or prospective consumer, 22 or withhold from or fail to pay to a person or individual, or 23 consumer or prospective consumer, any incentive, bonus, 24 holdback allowance, or rebate for sale or lease of consumer or 25 commercial goods or services because of the person's or 26 individual's, or consumer's or prospective consumer's, race, 27 age, sex, national origin, creed, color, residence, or 28 domicile, or intended place of use of the goods or services. 29 (3) A violation of this section constitutes a 30 violation of this part as defined in s. 501.203, punishable as 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1393 509-151-97 1 provided in part II of chapter 501, relating to deceptive and 2 unfair trade practices. 3 Section 3. This act shall take effect October 1, 1997. 4 5 ***************************************** 6 HOUSE SUMMARY 7 Defines "individual," "person," "consumer goods or 8 services," and "commercial goods or services" with respect to the Florida Deceptive and Unfair Trade 9 Practices Act. Defines the unlawful discriminatory practice of restricting, or threatening or attempting to 10 restrict, the sale or lease of consumer or commercial goods or services on the basis of race, age, sex, 11 national origin, creed, color, residence, or domicile, or intended place of use of the goods or services. Defines 12 the unlawful discriminatory practice of implementing any penalty or making any charge against a person, 13 individual, or consumer or prospective consumer, or withholding from or failing to pay to same, an incentive, 14 bonus, holdback allowance, or rebate, for sale or lease of consumer or commercial goods on similar basis. 15 Provides that such unlawful discriminatory practices constitute violations of part II of chapter 501, F.S. 16 Provides penalties. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4