Senate Bill sb1212c1

    Florida Senate - 2003                           CS for SB 1212

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senator Aronberg




    310-2022-03

  1                      A bill to be entitled

  2         An act relating to bankruptcy; prohibiting the

  3         sale or disclosure of personal customer

  4         information by persons in bankruptcy; providing

  5         for waivers of the prohibition; providing that

  6         a violation of this prohibition is an unfair

  7         and deceptive trade practice; providing for

  8         civil actions; providing an exemption;

  9         providing an effective date.

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

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13         Section 1.  (1)  A person who files for bankruptcy

14  shall not sell or otherwise transfer to another any database

15  that contains personal customer information if the bankrupt

16  person, through contract or a published privacy policy, agreed

17  or stated that personal customer information would not be

18  disclosed. The customer at any time may affirmatively waive

19  this provision.

20         (2)  The sale or transfer of personal customer

21  information in violation of this section constitutes an unfair

22  or deceptive trade practice under the Florida Deceptive and

23  Unfair Trade Practices Act, part II of chapter 501, Florida

24  Statutes. A person whose personal customer information is

25  disclosed in violation of this section may file an action for

26  damages under such act against the person who disclosed the

27  information.

28         (3)  Unless ordered by a court or commission of

29  competent jurisdiction, local exchange telecommunications

30  company customer information is exempt from this section.

31         Section 2.  This act shall take effect July 1, 2003.

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






    Florida Senate - 2003                           CS for SB 1212
    310-2022-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1212

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 4  The committee substitute differs from the original bill by:

 5  1.   Allowing a customer to, at any time, waive the
         prohibition against a bankrupt person selling or
 6       transferring the customer's personal customer
         information;
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    2.   Specifying that a violation of the committee substitute's
 8       provisions is a violation of the Florida Deceptive and
         Unfair Trade Practices Act and that a person may seek
 9       damages under the provisions of that act; and

10  3.   Exempting local exchange telecommunications companies
         from the provisions of the committee substitute.
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CODING: Words stricken are deletions; words underlined are additions.