Senate Bill sb0208
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Florida Senate - 2001 SB 208
By Senator Geller
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1 A bill to be entitled
2 An act relating to consumer protection;
3 amending s. 501.203, F.S.; including business
4 or commercial entity within the definition of
5 the term "consumer" for purposes of ch. 501,
6 F.S.; amending s. 501.207, F.S.; authorizing an
7 action on behalf of a governmental entity for
8 damages caused by a violation of part II of ch.
9 501, F.S.; amending s. 501.2075, F.S.;
10 providing for waiver of civil penalties if
11 restitution is made for actual damages to a
12 governmental entity; repealing s. 501.2091,
13 F.S., relating to an authorization for a stay
14 of proceedings pending trial by a party to an
15 action under part II of ch. 501, F.S.; amending
16 s. 501.211, F.S.; providing for the recovery of
17 actual damages on the part of a person who
18 suffers a loss as a result of a violation of
19 part II of ch. 501, F.S.; amending s. 501.212,
20 F.S.; eliminating an exemption from regulation
21 under part II of ch. 50l, F.S., for persons
22 regulated under laws administered by other
23 agencies; providing an effective date.
24
25 WHEREAS, the Florida Information Service Technology
26 Development Task Force determined and the Legislature finds
27 that, although the Internet offers enormous positive
28 opportunities for the citizens of this state, it also offers
29 many opportunities for criminal activity and victimization,
30 and
31
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1 WHEREAS, computer and Internet-related crime continues
2 to escalate rapidly throughout our state, the nation, and the
3 world, and
4 WHEREAS, the task force determined and the Legislature
5 finds that it is important to ensure that the statutory
6 protections provided for businesses and individuals against
7 fraud and other crimes continue into the new world of
8 electronic commerce over the Internet, NOW, THEREFORE,
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Subsection (7) of section 501.203, Florida
13 Statutes, is amended to read:
14 501.203 Definitions.--As used in this chapter, unless
15 the context otherwise requires, the term:
16 (7) "Consumer" means an individual; child, by and
17 through its parent or legal guardian; business; firm;
18 association; joint venture; partnership; estate; trust;
19 business trust; syndicate; fiduciary; corporation; any
20 commercial entity, however denominated; or any other group or
21 combination.
22 Section 2. Subsections (1), (3), and (6) of section
23 501.207, Florida Statutes, are amended to read:
24 501.207 Remedies of enforcing authority.--
25 (1) The enforcing authority may bring:
26 (a) An action to obtain a declaratory judgment that an
27 act or practice violates this part.
28 (b) An action to enjoin any person who has violated,
29 is violating, or is otherwise likely to violate, this part.
30 (c) An action on behalf of one or more consumers or
31 governmental entities for the actual damages caused by an act
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1 or practice in violation of this part. However, no damages
2 are not shall be recoverable under this section against a
3 retailer who has in good faith engaged in the dissemination of
4 claims of a manufacturer or wholesaler without actual
5 knowledge that it violated this part.
6 (3) Upon motion of the enforcing authority or any
7 interested party in any action brought under subsection (1),
8 the court may make appropriate orders, including, but not
9 limited to, appointment of a master or receiver or
10 sequestration or freezing of assets, to reimburse consumers or
11 governmental entities found to have been damaged; to carry out
12 a transaction in accordance with the consumers' reasonable
13 expectations of consumers or governmental entities; to strike
14 or limit the application of clauses of contracts to avoid an
15 unconscionable result; to order any defendant to divest
16 herself or himself of any interest in any enterprise,
17 including real estate; to impose reasonable restrictions upon
18 the future activities of any defendant to impede her or him
19 from engaging in or establishing the same type of endeavor; to
20 order the dissolution or reorganization of any enterprise; or
21 to grant legal, equitable, or other appropriate relief. The
22 court may assess the expenses of a master or receiver against
23 a person who has violated, is violating, or is otherwise
24 likely to violate this part. Any injunctive order, whether
25 temporary or permanent, issued by the court shall be effective
26 throughout the state unless otherwise provided in the order.
27 (6) The enforcing authority may terminate an
28 investigation or an action upon acceptance of a person's
29 written assurance of voluntary compliance with this part.
30 Acceptance of an assurance may be conditioned on a commitment
31 to reimburse consumers or governmental entities, make
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1 contributions, pay civil penalties, pay attorney's fees and
2 costs, or take other appropriate corrective action. An
3 assurance is not evidence of a prior violation of this part.
4 However, unless an assurance has been rescinded by agreement
5 of the parties or voided by a court for good cause, subsequent
6 failure to comply with the terms of an assurance is prima
7 facie evidence of a violation of this part. No Such assurance
8 is not shall act as a limitation upon any action or remedy
9 available to a person aggrieved by a violation of this part.
10 Section 3. Section 501.2075, Florida Statutes, is
11 amended to read:
12 501.2075 Civil penalty.--Except as provided in s.
13 501.2077, any person, firm, corporation, association, or
14 entity, or any agent or employee of the foregoing, who is
15 willfully using, or has willfully used, a method, act, or
16 practice declared unlawful under s. 501.204, or who is
17 willfully violating any of the rules of the department adopted
18 promulgated under this part, is liable for a civil penalty of
19 not more than $10,000 for each such violation. Willful
20 violations occur when the person knew or should have known
21 that his or her conduct was unfair or deceptive or prohibited
22 by rule. This civil penalty may be recovered in any action
23 brought under this part by the enforcing authority; or the
24 enforcing authority may terminate any investigation or action
25 upon agreement by the person, firm, corporation, association,
26 or entity, or the agent or employee of the foregoing, to pay a
27 stipulated civil penalty. The department or the court may
28 waive any such civil penalty if the person, firm, corporation,
29 association, or entity, or the agent or employee of the
30 foregoing, has previously made full restitution or
31 reimbursement or has paid actual damages to the consumers or
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1 governmental entities who have been injured by the unlawful
2 act or practice or rule violation. If civil penalties are
3 assessed in any litigation, the enforcing authority is
4 entitled to reasonable attorney's fees and costs. A civil
5 penalty so collected shall accrue to the state and shall be
6 deposited as received into the General Revenue Fund
7 unallocated.
8 Section 4. Section 501.2091, Florida Statutes, is
9 repealed.
10 Section 5. Subsection (2) of section 501.211, Florida
11 Statutes, is amended to read:
12 501.211 Other individual remedies.--
13 (2) In any individual action brought by a person
14 consumer who has suffered a loss as a result of a violation of
15 this part, such person consumer may recover actual damages,
16 plus attorney's fees and court costs as provided in s.
17 501.2105.; However, no damages, fees, or costs are not shall
18 be recoverable under this section against a retailer who has,
19 in good faith, engaged in the dissemination of claims of a
20 manufacturer or wholesaler without actual knowledge that it
21 violated this part.
22 Section 6. Subsection (4) of section 501.212, Florida
23 Statutes, is amended to read:
24 501.212 Application.--This part does not apply to:
25 (4) Any person or activity regulated under laws
26 administered by the Department of Insurance or the Florida
27 Public Service Commission or banks and savings and loan
28 associations regulated by the Department of Banking and
29 Finance or banks or savings and loan associations regulated by
30 federal agencies.
31 Section 7. This act shall take effect July 1, 2001.
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2 SENATE SUMMARY
3 Includes businesses and commercial entities within the
definition of the term "consumer" for purposes of ch.
4 501, F.S., relating to consumer protection. Provides for
actions under ch. 501, F.S., on behalf of a governmental
5 entity. Deletes an exemption from regulation under part
II of ch. 50l, F.S., for persons regulated under laws
6 administered by certain other state or federal agencies.
(See bill for details.)
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