Amendment
Bill No. 0393
Amendment No. 037917
CHAMBER ACTION
Senate House
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1Representative Vana offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause, and insert:
5
6     Section 1.  Section 501.165, Florida Statutes, is created
7to read:
8     501.165  Obtaining personal information for commercial
9solicitation.--Any person who intentionally uses deceptive
10practices or means to obtain another person's address, telephone
11number, or social security number and uses it to engage in
12commercial solicitation, or provides it to another person for
13purposes of commercial solicitation, commits an unfair or
14deceptive act or practice or unfair method of competition in
15violation of part II of this chapter, and is subject to the
16penalties and remedies provided for such violation, in addition
17to remedies otherwise available for such conduct.
18     Section 2.  Section 501.166, Florida Statutes, is created
19to read:
20     501.166  Sale or transfer of personal customer
21information.--
22     (1)  A person or an entity may not sell or otherwise
23transfer to a third party personal customer information that is
24protected from disclosure by law, contract, or a published
25privacy policy unless the purchaser or transferee agrees to
26abide by the contract or by the seller's or transferor's then-
27existing privacy policy, if applicable.
28     (2)  The prohibition set forth in subsection (1) applies to
29any customer who resides in this state at the time the personal
30customer information is sold, transferred, or otherwise
31obtained.
32     (3)  A person who violates or fails to comply with
33subsection (1) commits an unfair or deceptive act or practice or
34unfair method of competition in violation of part II of this
35chapter and is subject to the penalties and remedies provided
36for such a violation, in addition to remedies otherwise
37available by law for such conduct.
38     Section 3.  Section 501.2075, Florida Statutes, is amended
39to read:
40     501.2075  Civil penalty.--Except as provided in s. 501.2076
41or s. 501.2077, any person, firm, corporation, association, or
42entity, or any agent or employee of the foregoing, who is
43willfully using, or has willfully used, a method, act, or
44practice declared unlawful under s. 501.204, or who is willfully
45violating any of the rules of the department adopted under this
46part, is liable for a civil penalty of not more than $10,000 for
47each such violation.  Willful violations occur when the person
48knew or should have known that his or her conduct was unfair or
49deceptive or prohibited by rule.  This civil penalty may be
50recovered in any action brought under this part by the enforcing
51authority; or the enforcing authority may terminate any
52investigation or action upon agreement by the person, firm,
53corporation, association, or entity, or the agent or employee of
54the foregoing, to pay a stipulated civil penalty.  The
55department or the court may waive any such civil penalty if the
56person, firm, corporation, association, or entity, or the agent
57or employee of the foregoing, has previously made full
58restitution or reimbursement or has paid actual damages to the
59consumers or governmental entities who have been injured by the
60unlawful act or practice or rule violation.  If civil penalties
61are assessed in any litigation, the enforcing authority is
62entitled to reasonable attorney's fees and costs.  A civil
63penalty so collected shall accrue to the state and shall be
64deposited as received into the General Revenue Fund unallocated.
65     Section 4.  Section 501.2076, Florida Statutes, is created
66to read:
67     501.2076  Misrepresentations; law enforcement,
68firefighters, or public utilities.--Any person who engages in a
69deceptive and unfair trade practice with the intent to deceive
70another person into believing that he or she is affiliated with
71a law enforcement agency, firefighting agency, or public utility
72is subject to a civil penalty not to exceed $15,000 for each
73violation.
74     Section 5.  A person who violates or fails to comply with
75any provision of section 817.568, Florida Statutes, commits an
76unfair or deceptive act or practice or unfair method of
77competition in violation of part II of chapter 501, Florida
78Statutes, and is subject to the penalties and remedies provided
79for such violation, in addition to remedies otherwise available
80for such conduct.
81     Section 6.  Subsection (3) of section 501.203, Florida
82Statutes, is amended to read:
83     501.203  Definitions.--As used in this chapter, unless the
84context otherwise requires, the term:
85     (3)  "Violation of this part" means any violation of this
86act or the rules adopted under this act and may be based upon
87any of the following as of July 1, 2004 2001:
88     (a)  Any rules promulgated pursuant to the Federal Trade
89Commission Act, 15 U.S.C. ss. 41 et seq.;
90     (b)  The standards of unfairness and deception set forth
91and interpreted by the Federal Trade Commission or the federal
92courts;
93     (c)  Any law, statute, rule, regulation, or ordinance which
94proscribes unfair methods of competition, or unfair, deceptive,
95or unconscionable acts or practices.
96     Section 7.  Subsection (2) of section 501.204, Florida
97Statutes, is amended to read:
98     501.204  Unlawful acts and practices.--
99     (2)  It is the intent of the Legislature that, in
100construing subsection(1), due consideration and great weight
101shall be given to the interpretations of the Federal Trade
102Commission and the federal courts relating to s. 5(a)(1) of the
103Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July
1041, 2004 2001.
105     Section 8.  If any provision of this act or the application
106thereof to any person or circumstance is held invalid, the
107invalidity does not affect other provisions or applications of
108this act which can be given effect without the invalid provision
109or application, and to this end the provisions of this act are
110declared severable.
111     Section 9.  Subsection (3) of section 501.207, Florida
112Statutes, is amended to read:
113     501.207  Remedies of enforcing authority.--
114     (3)  Upon motion of the enforcing authority or any
115interested party in any action brought under subsection (1), the
116court may make appropriate orders, including, but not limited
117to, appointment of a master or receiver or sequestration or
118freezing of assets, to reimburse consumers or governmental
119entities found to have been damaged; to carry out a transaction
120in accordance with the reasonable expectations of consumers or
121governmental entities; to strike or limit the application of
122clauses of contracts to avoid an unconscionable result; to bring
123actions in the name of and on behalf of the defendant
124enterprise; to order any defendant to divest herself or himself
125of any interest in any enterprise, including real estate; to
126impose reasonable restrictions upon the future activities of any
127defendant to impede her or him from engaging in or establishing
128the same type of endeavor; to order the dissolution or
129reorganization of any enterprise; or to grant legal, equitable,
130or other appropriate relief.  The court may assess the expenses
131of a master or receiver against a person who has violated, is
132violating, or is otherwise likely to violate this part.  Any
133injunctive order, whether temporary or permanent, issued by the
134court shall be effective throughout the state unless otherwise
135provided in the order.
136     Section 10.  This act shall take effect July 1, 2004.
137
138
139================ T I T L E  A M E N D M E N T =============
140     Remove the entire title, and insert:
141
142
A bill to be entitled
143An act relating to consumer protection; creating ss.
144501.165 and 501.166, F.S.; prohibiting the use of
145deception to obtain certain personal information for
146commercial solicitation purposes; prohibiting the sale or
147other transfer to a third party of personal customer
148information that is protected from disclosure; providing
149exceptions; providing applicability; providing that
150transferring such protected information in violation of
151this section is an unfair or deceptive act or practice or
152unfair method of competition; providing penalties;
153amending s. 501.2075, F.S.; providing an exception to a
154civil penalty; creating s. 501.2076, F.S.; prohibiting
155falsely representing oneself as being affiliated with a
156law enforcement or firefighting agency or public utility;
157providing a penalty; providing that a violation of s.
158817.568, F.S., is an unfair or deceptive act or practice
159or unfair method of competition in violation of part II of
160ch. 501, F.S.; providing penalties; amending ss. 501.203
161and 501.204, F.S.; changing obsolete dates; providing
162severability; amending s. 501.207, F.S., relating to
163remedies of the enforcing authority under the Florida
164Deceptive and Unfair Trade Practices Act; providing that
165the court may order actions brought under that act on
166behalf of an enterprise; providing an effective date.


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