CODING: Words stricken are deletions; words underlined are additions.House Bill 1675
Florida House of Representatives - 1997 HB 1675
By Representatives Dockery, Fischer, Futch, Putnam,
Argenziano, Burroughs, Sembler and Valdes
1 A bill to be entitled
2 An act relating to unlawful solicitations;
3 amending s. 321.03, F.S.; prohibiting
4 solicitation of funds or in-kind contributions
5 while using the name, symbols, colors, or
6 initials of the Florida Highway Patrol without
7 written permission of the Department of Highway
8 Safety and Motor Vehicles; authorizing the
9 department to develop procedures for applying
10 for permission; providing a penalty; providing
11 that the department's decision is final agency
12 action subject to review; specifying unfair or
13 deceptive acts or practices; providing a
14 penalty; providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 321.03, Florida Statutes, is
19 amended to read:
20 321.03 Imitations prohibited; penalty.--
21 (1) It shall be unlawful for any person or persons in
22 the state to color or cause to be colored any motor vehicle or
23 motorcycle the same or similar color as the color or colors so
24 prescribed for the Florida Highway Patrol. Any person
25 violating any of the provisions of this section or s. 321.02
26 with respect to uniforms, emblems, motor vehicles and
27 motorcycles shall be guilty of a misdemeanor of the first
28 degree, punishable as provided in s. 775.082 or s. 775.083.
29 The Department of Highway Safety and Motor Vehicles shall
30 employ such clerical help and mechanics as may be necessary
31 for the economical and efficient operation of such department.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1675
578-105-97
1 (2)(a) It is unlawful for any person, in the
2 solicitation of funds or in-kind contributions, to use the
3 Florida Highway Patrol's name; the symbols "Florida Highway
4 Patrol," "State Patrol," "State Highway Patrol," "State
5 Trooper," "FHP," or "State Patrolman"; or initials, symbols,
6 colors, emblems, devices, service marks, or statements similar
7 to those used by the Florida Highway Patrol without written
8 permission from the department. The department may develop
9 procedures by which a person may apply for permission to use a
10 name or symbol and for a review of such applications.
11 (b) The department may not unreasonably withhold from
12 a person permission to use the Florida Highway Patrol's name
13 or symbols in soliciting funds or in-kind contributions if the
14 department determines that a primary public purpose is being
15 served. The decision of the department is final agency action,
16 subject to review as a decision that affects substantial
17 interests under ss. 120.569, 120.57, and 120.573, and may also
18 be reviewed by petition for a declaratory statement filed by a
19 substantially affected person under s. 120.565.
20 Section 2. Unfair or deceptive acts or practices.--
21 (1) A person commits an unfair or deceptive act or
22 practice if, in the conduct of solicitations for a public
23 safety organization, an independent promoter, or a public
24 safety publication, the person:
25 (a) Represents, either directly or by implication,
26 that the contribution is for or on behalf of the Florida
27 Highway Patrol without written permission from the Department
28 of Highway Safety and Motor Vehicles;
29 (b) Uses any emblem, device, or printed matter
30 belonging to or associated with the Florida Highway Patrol
31 without written permission from the department;
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 1675
578-105-97
1 (c) Uses a name, symbol, or statement that is similar
2 to that used by the Florida Highway Patrol in a manner that is
3 intended to confuse or mislead a person being solicited;
4 (d) Knowingly represents or implies that the proceeds
5 of the solicitation are being used for a purpose other than
6 the purpose for which the funds are actually used;
7 (e) Represents or implies that the person is a peace
8 officer or member of the Florida Highway Patrol when the
9 person is not;
10 (f) Uses or exploits a required filing with the state
11 in a manner that leads any person to believe that such filing
12 constitutes an endorsement or approval of the state;
13 (g) Knowingly files incomplete, false, or misleading
14 information in any document required to be filed with the
15 state;
16 (h) Solicits for the Florida Highway Patrol by
17 representing that those who respond affirmatively to the
18 solicitation will receive favored treatment by the troopers;
19 or
20 (i) Collects a contribution or membership fee
21 solicited at a person's residence by an in-person or telephone
22 solicitation through any means other than payment through the
23 United States mail or parcel post courier.
24 (2) In addition to any administrative or civil
25 remedies, a person who willfully and knowingly violates any of
26 the provisions of subsection (1) commits a felony of the third
27 degree, punishable as provided in section 775.082 or section
28 775.083, Florida Statutes. For a subsequent conviction, such
29 violation is a felony of the second degree, punishable as
30 provided in section 775.084, Florida Statutes.
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Florida House of Representatives - 1997 HB 1675
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1 Section 3. This act shall take effect upon becoming a
2 law.
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5 SENATE SUMMARY
6 Prohibits solicitation of funds or in-kind/contributions
while using the name, symbols, colors, or initials of the
7 Florida Highway Patrol without written permission of the
Department of Highway Safety and Motor Vehicles. Provides
8 a penalty. Authorizes the department to develop
procedures for applying for permission. Provides that the
9 department's decision is final agency action subject to
review. Specifies unfair or deceptive acts or practices.
10 Prescribes a penalty.
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