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. |
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10 | Be It Enacted by the Legislature of the State of Florida: |
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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. |