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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