Senate Bill sb0202

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    Florida Senate - 2006        (Corrected Copy)           SB 202

    By Senator Aronberg





    27-221-06

  1                      A bill to be entitled

  2         An act relating to consumer protection;

  3         amending ss. 501.203 and 501.204, F.S.;

  4         changing obsolete dates; reenacting and

  5         amending s. 501.207, F.S., relating to remedies

  6         of the enforcing authority under the Florida

  7         Deceptive and Unfair Trade Practices Act;

  8         providing that the court may order actions

  9         brought under that act on behalf of an

10         enterprise; providing an effective date.

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

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14         Section 1.  Subsection (3) of section 501.203, Florida

15  Statutes, is amended to read:

16         501.203  Definitions.--As used in this chapter, unless

17  the context otherwise requires, the term:

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

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

20  upon any of the following as of July 1, 2006 2001:

21         (a)  Any rules promulgated pursuant to the Federal

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

23         (b)  The standards of unfairness and deception set

24  forth and interpreted by the Federal Trade Commission or the

25  federal courts;

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

27  which proscribes unfair methods of competition, or unfair,

28  deceptive, or unconscionable acts or practices.

29         Section 2.  Subsection (2) of section 501.204, Florida

30  Statutes, is amended to read:

31         501.204  Unlawful acts and practices.--

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    Florida Senate - 2006        (Corrected Copy)           SB 202
    27-221-06




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

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

 3  shall be given to the interpretations of the Federal Trade

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

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

 6  July 1, 2006 2001.

 7         Section 3.  Subsection (1) of section 501.207, Florida

 8  Statutes, is reenacted, and subsection (3) of that section is

 9  amended to read:

10         501.207  Remedies of enforcing authority.--

11         (1)  The enforcing authority may bring:

12         (a)  An action to obtain a declaratory judgment that an

13  act or practice violates this part.

14         (b)  An action to enjoin any person who has violated,

15  is violating, or is otherwise likely to violate, this part.

16         (c)  An action on behalf of one or more consumers or

17  governmental entities for the actual damages caused by an act

18  or practice in violation of this part. However, damages are

19  not recoverable under this section against a retailer who has

20  in good faith engaged in the dissemination of claims of a

21  manufacturer or wholesaler without actual knowledge that it

22  violated this part.

23         (3)  Upon motion of the enforcing authority or any

24  interested party in any action brought under subsection (1),

25  the court may make appropriate orders, including, but not

26  limited to, appointment of a general or special magistrate or

27  receiver or sequestration or freezing of assets, to reimburse

28  consumers or governmental entities found to have been damaged;

29  to carry out a transaction in accordance with the reasonable

30  expectations of consumers or governmental entities; to strike

31  or limit the application of clauses of contracts to avoid an

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    Florida Senate - 2006        (Corrected Copy)           SB 202
    27-221-06




 1  unconscionable result; to bring actions in the name of and on

 2  behalf of the defendant enterprise; to order any defendant to

 3  divest herself or himself of any interest in any enterprise,

 4  including real estate; to impose reasonable restrictions upon

 5  the future activities of any defendant to impede her or him

 6  from engaging in or establishing the same type of endeavor; to

 7  order the dissolution or reorganization of any enterprise; or

 8  to grant legal, equitable, or other appropriate relief. The

 9  court may assess the expenses of a general or special

10  magistrate or receiver against a person who has violated, is

11  violating, or is otherwise likely to violate this part. Any

12  injunctive order, whether temporary or permanent, issued by

13  the court shall be effective throughout the state unless

14  otherwise provided in the order.

15         Section 4.  This act shall take effect July 1, 2006.

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18                          SENATE SUMMARY

19    Authorizes a court to order that an action be brought on
      behalf of an enterprise under the Florida Deceptive and
20    Unfair Trade Practices Act.

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