House Bill 0059

    Florida House of Representatives - 1999                  HB 59

        By Representative Lynn






  1                      A bill to be entitled

  2         An act relating to fictitious names; creating

  3         s. 501.97, F.S.; prohibiting use of a

  4         fictitious name for certain purposes; providing

  5         penalties; providing an effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Section 501.97, Florida Statutes, is

10  created to read:

11         501.97  Deceptive trade practices; telephone

12  directories and databases; penalties.--

13         (1)(a)  A person may not misrepresent the geographic

14  location of the supplier of a service or product by listing a

15  fictitious business name or an assumed business name in a

16  local telephone directory if:

17         1.  The name misrepresents the geographic location of

18  the supplier;

19         2.  The listing fails to identify the address,

20  including the state of the business of the supplier;

21         3.  Calls to the local telephone number are routinely

22  forwarded or otherwise transferred to a business location that

23  is outside the calling area covered by the local telephone

24  directory; and

25         4.  The business location of the supplier is located in

26  a county that is not contiguous to a county in the calling

27  area covered by the local telephone directory.

28         (b)  A person may not list a fictitious business name

29  or assumed business name in a directory assistance database

30  if:

31

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                  HB 59

    560-191-99






  1         1.  The name misrepresents the geographic location of

  2  the supplier;

  3         2.  Calls to the local telephone number are routinely

  4  forwarded or otherwise transferred to a business location that

  5  is outside the local calling area; and

  6         3.  The business location of the supplier is located in

  7  a county that is not contiguous to a county in the local

  8  calling area.

  9

10  For purposes of this section, a telephone company or other

11  provider of a telephone directory or directory assistance

12  service or its officer or agent is immune from liability for

13  publishing the listing of a fictitious business name or

14  assumed business name of a supplier in its directory or

15  directory assistance database unless the telephone company or

16  other provider of a telephone or directory assistance service

17  is the same person as the supplier of services or products who

18  has committed the deceptive act. This section applies to all

19  directories published after the effective date of this act.

20         (2)  Any person violating the provisions of this

21  section is guilty of a deceptive and unfair trade practice and

22  subject to any and all penalties under part II of chapter 501.

23         Section 2.  This act shall take effect upon becoming a

24  law.

25

26            *****************************************

27                          HOUSE SUMMARY

28
      Prohibits a person from using a fictitious name in the
29    conduct of business with an intent to misrepresent the
      geographic origin or location of the business. Provides
30    that a person who violates this act is guilty of a
      deceptive and unfair trade practice. See bill for
31    details.

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