Senate Bill sb0482

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    Florida Senate - 2004                                   SB 482

    By Senator Aronberg





    27-589-04

  1                      A bill to be entitled

  2         An act relating to consumer protection;

  3         creating ss. 501.165 and 501.166, F.S.;

  4         prohibiting the use of deception to obtain

  5         certain personal information for commercial

  6         solicitation purposes; prohibiting the sale or

  7         disclosure of personal customer information by

  8         persons in bankruptcy; providing an exception;

  9         providing penalties; amending s. 501.2075,

10         F.S.; providing an exception to a civil

11         penalty; creating s. 501.2076, F.S.;

12         prohibiting falsely representing oneself as

13         being affiliated with a law enforcement or

14         firefighting agency or public utility;

15         providing a penalty; providing that a violation

16         of s. 817.568, F.S., is an unfair or deceptive

17         act or practice or unfair method of competition

18         in violation of part II of ch. 501, F.S.;

19         providing penalties; amending ss. 501.203 and

20         501.204, F.S.; changing obsolete dates;

21         providing an effective date.

22  

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

24  

25         Section 1.  Section 501.165, Florida Statutes, is

26  created to read:

27         501.165  Obtaining personal information for commercial

28  solicitation.--Any person who uses deceptive practices or

29  means to obtain another person's address, telephone number, or

30  social security number and uses it to engage in commercial

31  solicitation, or provides it to another person for purposes of

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    Florida Senate - 2004                                   SB 482
    27-589-04




 1  commercial solicitation, commits an unfair or deceptive act or

 2  practice or unfair method of competition in violation of part

 3  II of this chapter, and is subject to the penalties and

 4  remedies provided for such violation, in addition to remedies

 5  otherwise available for such conduct.

 6         Section 2.  Section 501.166, Florida Statutes, is

 7  created to read:

 8         501.166  Selling personal customer information.--

 9         (1)  Unless mandated by the Florida Public Service

10  Commission, any person organized or incorporated under the

11  laws of this state who files for bankruptcy or who is

12  insolvent, including any successor, assignee, trustee,

13  receiver, or representative of such person, inclusive of those

14  appointed by any court, may not sell or otherwise transfer to

15  a third party personal customer information that is protected

16  from disclosure by contract or a published privacy policy,

17  unless the person obtains the customer's affirmative consent

18  to waive the privacy policy or contract.

19         (2)  A person who violates or fails to comply with

20  subsection (1) commits an unfair or deceptive act or practice

21  or unfair method of competition in violation of part II of

22  this chapter and is subject to the penalties and remedies

23  provided for such violation, in addition to remedies otherwise

24  available for such conduct.

25         Section 3.  Section 501.2075, Florida Statutes, is

26  amended to read:

27         501.2075  Civil penalty.--Except as provided in s.

28  501.2076 or s. 501.2077, any person, firm, corporation,

29  association, or entity, or any agent or employee of the

30  foregoing, who is willfully using, or has willfully used, a

31  method, act, or practice declared unlawful under s. 501.204,

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    Florida Senate - 2004                                   SB 482
    27-589-04




 1  or who is willfully violating any of the rules of the

 2  department adopted under this part, is liable for a civil

 3  penalty of not more than $10,000 for each such violation.

 4  Willful violations occur when the person knew or should have

 5  known that his or her conduct was unfair or deceptive or

 6  prohibited by rule.  This civil penalty may be recovered in

 7  any action brought under this part by the enforcing authority;

 8  or the enforcing authority may terminate any investigation or

 9  action upon agreement by the person, firm, corporation,

10  association, or entity, or the agent or employee of the

11  foregoing, to pay a stipulated civil penalty.  The department

12  or the court may waive any such civil penalty if the person,

13  firm, corporation, association, or entity, or the agent or

14  employee of the foregoing, has previously made full

15  restitution or reimbursement or has paid actual damages to the

16  consumers or governmental entities who have been injured by

17  the unlawful act or practice or rule violation.  If civil

18  penalties are assessed in any litigation, the enforcing

19  authority is entitled to reasonable attorney's fees and costs.

20  A civil penalty so collected shall accrue to the state and

21  shall be deposited as received into the General Revenue Fund

22  unallocated.

23         Section 4.  Section 501.2076, Florida Statutes, is

24  created to read:

25         501.2076  Misrepresentations; law enforcement,

26  firefighters, or public utilities.--Any person who engages in

27  a deceptive and unfair trade practice with the intent to

28  deceive another person into believing that he or she is

29  affiliated with a law enforcement agency, firefighting agency,

30  or public utility is subject to a civil penalty not to exceed

31  $15,000 for each violation.

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    Florida Senate - 2004                                   SB 482
    27-589-04




 1         Section 5.  A person who violates or fails to comply

 2  with any provision of section 817.568, Florida Statutes,

 3  commits an unfair or deceptive act or practice or unfair

 4  method of competition in violation of part II of chapter 501,

 5  Florida Statutes, and is subject to the penalties and remedies

 6  provided for such violation, in addition to remedies otherwise

 7  available for such conduct.

 8         Section 6.  Subsection (3) of section 501.203, Florida

 9  Statutes, is amended to read:

10         501.203  Definitions.--As used in this chapter, unless

11  the context otherwise requires, the term:

12         (3)  "Violation of this part" means any violation of

13  this act or the rules adopted under this act and may be based

14  upon any of the following as of July 1, 2004 2001:

15         (a)  Any rules promulgated pursuant to the Federal

16  Trade Commission Act, 15 U.S.C. ss. 41 et seq.;

17         (b)  The standards of unfairness and deception set

18  forth and interpreted by the Federal Trade Commission or the

19  federal courts;

20         (c)  Any law, statute, rule, regulation, or ordinance

21  which proscribes unfair methods of competition, or unfair,

22  deceptive, or unconscionable acts or practices.

23         Section 7.  Subsection (2) of section 501.204, Florida

24  Statutes, is amended to read:

25         501.204  Unlawful acts and practices.--

26         (2)  It is the intent of the Legislature that, in

27  construing subsection (1), due consideration and great weight

28  shall be given to the interpretations of the Federal Trade

29  Commission and the federal courts relating to s. 5(a)(1) of

30  the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of

31  July 1, 2004 2001.

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    Florida Senate - 2004                                   SB 482
    27-589-04




 1         Section 8.  This act shall take effect July 1, 2004.

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 3            *****************************************

 4                          SENATE SUMMARY

 5    Prohibits the use of deception to obtain certain personal
      information for commercial solicitation purposes.
 6    Prohibits the sale or disclosure of personal customer
      information by persons in bankruptcy. Prohibits falsely
 7    representing oneself as being affiliated with a law
      enforcement or firefighting agency or public utility.
 8    Provides a penalty. Provides that the criminal use of
      personal identification information is an unfair or
 9    deceptive act or practice or unfair method of
      competition.
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