| 1 | A bill to be entitled |
| 2 | An act relating to consumer protection; amending ss. |
| 3 | 501.203 and 501.204, F.S.; changing obsolete dates; |
| 4 | reenacting and amending s. 501.207, F.S., relating to |
| 5 | remedies of the enforcing authority under the Florida |
| 6 | Deceptive and Unfair Trade Practices Act; providing that |
| 7 | the court may order actions brought under that act on |
| 8 | behalf of an enterprise; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (3) of section 501.203, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 501.203 Definitions.--As used in this chapter, unless the |
| 15 | context otherwise requires, the term: |
| 16 | (3) "Violation of this part" means any violation of this |
| 17 | act or the rules adopted under this act and may be based upon |
| 18 | any of the following as of July 1, 2006 2001: |
| 19 | (a) Any rules promulgated pursuant to the Federal Trade |
| 20 | Commission Act, 15 U.S.C. ss. 41 et seq.; |
| 21 | (b) The standards of unfairness and deception set forth |
| 22 | and interpreted by the Federal Trade Commission or the federal |
| 23 | courts; |
| 24 | (c) Any law, statute, rule, regulation, or ordinance which |
| 25 | proscribes unfair methods of competition, or unfair, deceptive, |
| 26 | or unconscionable acts or practices. |
| 27 | Section 2. Subsection (2) of section 501.204, Florida |
| 28 | Statutes, is amended to read: |
| 29 | 501.204 Unlawful acts and practices.-- |
| 30 | (2) It is the intent of the Legislature that, in |
| 31 | construing subsection (1), due consideration and great weight |
| 32 | shall be given to the interpretations of the Federal Trade |
| 33 | Commission and the federal courts relating to s. 5(a)(1) of the |
| 34 | Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July |
| 35 | 1, 2006 2001. |
| 36 | Section 3. Subsection (1) of section 501.207, Florida |
| 37 | Statutes, is reenacted, and subsection (3) of that section is |
| 38 | amended to read: |
| 39 | 501.207 Remedies of enforcing authority.-- |
| 40 | (1) The enforcing authority may bring: |
| 41 | (a) An action to obtain a declaratory judgment that an act |
| 42 | or practice violates this part. |
| 43 | (b) An action to enjoin any person who has violated, is |
| 44 | violating, or is otherwise likely to violate, this part. |
| 45 | (c) An action on behalf of one or more consumers or |
| 46 | governmental entities for the actual damages caused by an act or |
| 47 | practice in violation of this part. However, damages are not |
| 48 | recoverable under this section against a retailer who has in |
| 49 | good faith engaged in the dissemination of claims of a |
| 50 | manufacturer or wholesaler without actual knowledge that it |
| 51 | violated this part. |
| 52 | (3) Upon motion of the enforcing authority or any |
| 53 | interested party in any action brought under subsection (1), the |
| 54 | court may make appropriate orders, including, but not limited |
| 55 | to, appointment of a general or special magistrate or receiver |
| 56 | or sequestration or freezing of assets, to reimburse consumers |
| 57 | or governmental entities found to have been damaged; to carry |
| 58 | out a transaction in accordance with the reasonable expectations |
| 59 | of consumers or governmental entities; to strike or limit the |
| 60 | application of clauses of contracts to avoid an unconscionable |
| 61 | result; to bring actions in the name of and on behalf of the |
| 62 | defendant enterprise; to order any defendant to divest herself |
| 63 | or himself of any interest in any enterprise, including real |
| 64 | estate; to impose reasonable restrictions upon the future |
| 65 | activities of any defendant to impede her or him from engaging |
| 66 | in or establishing the same type of endeavor; to order the |
| 67 | dissolution or reorganization of any enterprise; or to grant |
| 68 | legal, equitable, or other appropriate relief. The court may |
| 69 | assess the expenses of a general or special magistrate or |
| 70 | receiver against a person who has violated, is violating, or is |
| 71 | otherwise likely to violate this part. Any injunctive order, |
| 72 | whether temporary or permanent, issued by the court shall be |
| 73 | effective throughout the state unless otherwise provided in the |
| 74 | order. |
| 75 | Section 4. This act shall take effect July 1, 2006. |