Senate Bill sb0482c2

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    Florida Senate - 2004                     CS for CS for SB 482

    By the Committees on Judiciary; Commerce, Economic
    Opportunities, and Consumer Services; and Senators Aronberg
    and Fasano



    308-2393-04

  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         other transfer to a third party of personal

  8         customer information that is protected from

  9         disclosure; providing exceptions; providing

10         applicability; providing that transferring such

11         protected information in violation of this

12         section is an unfair or deceptive act or

13         practice or unfair method of competition;

14         providing penalties; amending s. 501.2075,

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

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

17         prohibiting falsely representing oneself as

18         being affiliated with a law enforcement or

19         firefighting agency or public utility;

20         providing a penalty; providing that a violation

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

22         act or practice or unfair method of competition

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

24         providing penalties; amending ss. 501.203 and

25         501.204, F.S.; changing obsolete dates;

26         providing an effective date.

27  

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

29  

30         Section 1.  Section 501.165, Florida Statutes, is

31  created to read:

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    Florida Senate - 2004                     CS for CS for SB 482
    308-2393-04




 1         501.165  Obtaining personal information for commercial

 2  solicitation.--Any person who intentionally uses deceptive

 3  practices or means to obtain another person's address,

 4  telephone number, or social security number and uses it to

 5  engage in commercial solicitation, or provides it to another

 6  person for purposes of commercial solicitation, commits an

 7  unfair or deceptive act or practice or unfair method of

 8  competition in violation of part II of this chapter, and is

 9  subject to the penalties and remedies provided for such

10  violation, in addition to remedies otherwise available for

11  such conduct.

12         Section 2.  Section 501.166, Florida Statutes, is

13  created to read:

14         501.166  Sale or transfer of personal customer

15  information.--

16         (1)  A person or an entity may not sell or otherwise

17  transfer to a third party personal customer information that

18  is protected from disclosure by law, contract, or a published

19  privacy policy unless the purchaser or transferee agrees to

20  abide by the contract or by the seller's or transferor's

21  then-existing privacy policy, if applicable.

22         (2)  The prohibition set forth in subsection (1)

23  applies to any customer who resides in this state at the time

24  the personal customer information is sold, transferred, or

25  otherwise obtained.

26         (3)  A person who violates or fails to comply with

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

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

29  this chapter and is subject to the penalties and remedies

30  provided for such a violation, in addition to remedies

31  otherwise available by law for such conduct.

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    Florida Senate - 2004                     CS for CS for SB 482
    308-2393-04




 1         Section 3.  Section 501.2075, Florida Statutes, is

 2  amended to read:

 3         501.2075  Civil penalty.--Except as provided in s.

 4  501.2076 or s. 501.2077, any person, firm, corporation,

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

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

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

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

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

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

11  Willful violations occur when the person knew or should have

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

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

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

15  or the enforcing authority may terminate any investigation or

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

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

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

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

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

21  employee of the foregoing, has previously made full

22  restitution or reimbursement or has paid actual damages to the

23  consumers or governmental entities who have been injured by

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

25  penalties are assessed in any litigation, the enforcing

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

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

28  shall be deposited as received into the General Revenue Fund

29  unallocated.

30         Section 4.  Section 501.2076, Florida Statutes, is

31  created to read:

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    Florida Senate - 2004                     CS for CS for SB 482
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 1         501.2076  Misrepresentations; law enforcement,

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

 3  a deceptive and unfair trade practice with the intent to

 4  deceive another person into believing that he or she is

 5  affiliated with a law enforcement agency, firefighting agency,

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

 7  $15,000 for each violation.

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

 9  with any provision of section 817.568, Florida Statutes,

10  commits an unfair or deceptive act or practice or unfair

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

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

13  provided for such violation, in addition to remedies otherwise

14  available for such conduct.

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

16  Statutes, is amended to read:

17         501.203  Definitions.--As used in this chapter, unless

18  the context otherwise requires, the term:

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

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

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

22         (a)  Any rules promulgated pursuant to the Federal

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

24         (b)  The standards of unfairness and deception set

25  forth and interpreted by the Federal Trade Commission or the

26  federal courts;

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

28  which proscribes unfair methods of competition, or unfair,

29  deceptive, or unconscionable acts or practices.

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

31  Statutes, is amended to read:

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    Florida Senate - 2004                     CS for CS for SB 482
    308-2393-04




 1         501.204  Unlawful acts and practices.--

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

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

 4  shall be given to the interpretations of the Federal Trade

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

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

 7  July 1, 2004 2001.

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

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                        CS Senate Bill 482

12                                 

13  The committee substitute:

14  -    Requires an intentional use of a deceptive practice or
         means to obtain a person's address, telephone number, or
15       social security number for making commercial
         solicitations for a person to be in violation of the
16       Florida Deceptive and Unfair Trade Practices Act; and

17  -    Deletes a provision that prohibited the transfer of
         personal customer information unless the transferee is a
18       business that is substantially similar to that of the
         transferor and uses the information only to solicit a
19       transaction or to administer a transaction authorized by
         a customer.
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