HB 637

1
A bill to be entitled
2An act relating to consumer protection; amending ss.
3501.203 and 501.204, F.S.; changing obsolete dates;
4reenacting and amending s. 501.207, F.S., relating to
5remedies of the enforcing authority under the Florida
6Deceptive and Unfair Trade Practices Act; providing that
7the court may order actions brought under that act on
8behalf of an enterprise; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (3) of section 501.203, Florida
13Statutes, is amended to read:
14     501.203  Definitions.--As used in this chapter, unless the
15context otherwise requires, the term:
16     (3)  "Violation of this part" means any violation of this
17act or the rules adopted under this act and may be based upon
18any of the following as of July 1, 2006 2001:
19     (a)  Any rules promulgated pursuant to the Federal Trade
20Commission Act, 15 U.S.C. ss. 41 et seq.;
21     (b)  The standards of unfairness and deception set forth
22and interpreted by the Federal Trade Commission or the federal
23courts;
24     (c)  Any law, statute, rule, regulation, or ordinance which
25proscribes unfair methods of competition, or unfair, deceptive,
26or unconscionable acts or practices.
27     Section 2.  Subsection (2) of section 501.204, Florida
28Statutes, is amended to read:
29     501.204  Unlawful acts and practices.--
30     (2)  It is the intent of the Legislature that, in
31construing subsection (1), due consideration and great weight
32shall be given to the interpretations of the Federal Trade
33Commission and the federal courts relating to s. 5(a)(1) of the
34Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July
351, 2006 2001.
36     Section 3.  Subsection (1) of section 501.207, Florida
37Statutes, is reenacted, and subsection (3) of that section is
38amended 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
42or practice violates this part.
43     (b)  An action to enjoin any person who has violated, is
44violating, or is otherwise likely to violate, this part.
45     (c)  An action on behalf of one or more consumers or
46governmental entities for the actual damages caused by an act or
47practice in violation of this part. However, damages are not
48recoverable under this section against a retailer who has in
49good faith engaged in the dissemination of claims of a
50manufacturer or wholesaler without actual knowledge that it
51violated this part.
52     (3)  Upon motion of the enforcing authority or any
53interested party in any action brought under subsection (1), the
54court may make appropriate orders, including, but not limited
55to, appointment of a general or special magistrate or receiver
56or sequestration or freezing of assets, to reimburse consumers
57or governmental entities found to have been damaged; to carry
58out a transaction in accordance with the reasonable expectations
59of consumers or governmental entities; to strike or limit the
60application of clauses of contracts to avoid an unconscionable
61result; to bring actions in the name of and on behalf of the
62defendant enterprise; to order any defendant to divest herself
63or himself of any interest in any enterprise, including real
64estate; to impose reasonable restrictions upon the future
65activities of any defendant to impede her or him from engaging
66in or establishing the same type of endeavor; to order the
67dissolution or reorganization of any enterprise; or to grant
68legal, equitable, or other appropriate relief. The court may
69assess the expenses of a general or special magistrate or
70receiver against a person who has violated, is violating, or is
71otherwise likely to violate this part. Any injunctive order,
72whether temporary or permanent, issued by the court shall be
73effective throughout the state unless otherwise provided in the
74order.
75     Section 4.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.