| 1 | The State Resources Council recommends the following: |
| 2 | Council/Committee Substitute |
| 3 | Remove the entire bill and insert: |
| 4 | A bill to be entitled |
| 5 | An act relating to consumer protection; amending ss. |
| 6 | 501.203 and 501.204, F.S.; changing obsolete dates; |
| 7 | reenacting and amending s. 501.207, F.S., relating to |
| 8 | remedies of the enforcing authority under the Florida |
| 9 | Deceptive and Unfair Trade Practices Act; providing that |
| 10 | the court may order actions brought under that act on |
| 11 | behalf of an enterprise; creating s. 501.927, F.S.; |
| 12 | providing that the use of a creation that is not protected |
| 13 | under federal copyright law shall not give rise to a claim |
| 14 | or cause of action, except under specified circumstances; |
| 15 | providing construction; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Subsection (3) of section 501.203, Florida |
| 20 | Statutes, is amended to read: |
| 21 | 501.203 Definitions.--As used in this chapter, unless the |
| 22 | context otherwise requires, the term: |
| 23 | (3) "Violation of this part" means any violation of this |
| 24 | act or the rules adopted under this act and may be based upon |
| 25 | any of the following as of July 1, 2006 2001: |
| 26 | (a) Any rules promulgated pursuant to the Federal Trade |
| 27 | Commission Act, 15 U.S.C. ss. 41 et seq.; |
| 28 | (b) The standards of unfairness and deception set forth |
| 29 | and interpreted by the Federal Trade Commission or the federal |
| 30 | courts; |
| 31 | (c) Any law, statute, rule, regulation, or ordinance which |
| 32 | proscribes unfair methods of competition, or unfair, deceptive, |
| 33 | or unconscionable acts or practices. |
| 34 | Section 2. Subsection (2) of section 501.204, Florida |
| 35 | Statutes, is amended to read: |
| 36 | 501.204 Unlawful acts and practices.-- |
| 37 | (2) It is the intent of the Legislature that, in |
| 38 | construing subsection (1), due consideration and great weight |
| 39 | shall be given to the interpretations of the Federal Trade |
| 40 | Commission and the federal courts relating to s. 5(a)(1) of the |
| 41 | Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July |
| 42 | 1, 2006 2001. |
| 43 | Section 3. Subsection (1) of section 501.207, Florida |
| 44 | Statutes, is reenacted, and subsection (3) of that section is |
| 45 | amended to read: |
| 46 | 501.207 Remedies of enforcing authority.-- |
| 47 | (1) The enforcing authority may bring: |
| 48 | (a) An action to obtain a declaratory judgment that an act |
| 49 | or practice violates this part. |
| 50 | (b) An action to enjoin any person who has violated, is |
| 51 | violating, or is otherwise likely to violate, this part. |
| 52 | (c) An action on behalf of one or more consumers or |
| 53 | governmental entities for the actual damages caused by an act or |
| 54 | practice in violation of this part. However, damages are not |
| 55 | recoverable under this section against a retailer who has in |
| 56 | good faith engaged in the dissemination of claims of a |
| 57 | manufacturer or wholesaler without actual knowledge that it |
| 58 | violated this part. |
| 59 | (3) Upon motion of the enforcing authority or any |
| 60 | interested party in any action brought under subsection (1), the |
| 61 | court may make appropriate orders, including, but not limited |
| 62 | to, appointment of a general or special magistrate or receiver |
| 63 | or sequestration or freezing of assets, to reimburse consumers |
| 64 | or governmental entities found to have been damaged; to carry |
| 65 | out a transaction in accordance with the reasonable expectations |
| 66 | of consumers or governmental entities; to strike or limit the |
| 67 | application of clauses of contracts to avoid an unconscionable |
| 68 | result; to bring actions in the name of and on behalf of the |
| 69 | defendant enterprise; to order any defendant to divest herself |
| 70 | or himself of any interest in any enterprise, including real |
| 71 | estate; to impose reasonable restrictions upon the future |
| 72 | activities of any defendant to impede her or him from engaging |
| 73 | in or establishing the same type of endeavor; to order the |
| 74 | dissolution or reorganization of any enterprise; or to grant |
| 75 | legal, equitable, or other appropriate relief. The court may |
| 76 | assess the expenses of a general or special magistrate or |
| 77 | receiver against a person who has violated, is violating, or is |
| 78 | otherwise likely to violate this part. Any injunctive order, |
| 79 | whether temporary or permanent, issued by the court shall be |
| 80 | effective throughout the state unless otherwise provided in the |
| 81 | order. |
| 82 | Section 4. Section 501.927, Florida Statutes, is created |
| 83 | to read: |
| 84 | 501.927 Actions based upon use of a creation not protected |
| 85 | under federal copyright law.-- |
| 86 | (1) Except as provided in subsection (2), the use of an |
| 87 | idea, procedure, process, system, method of operation, concept, |
| 88 | principle, discovery, thought, or other creation that is not a |
| 89 | work of authorship protected under federal copyright law shall |
| 90 | not give rise to a claim or cause of action, in law or in |
| 91 | equity, unless the parties to the claim or cause of action have |
| 92 | executed a writing sufficient to indicate that a contract has |
| 93 | been made between them governing such use. |
| 94 | (2) Nothing in subsection (1) shall affect or limit: |
| 95 | (a) Any cause of action based in copyright, trademark, |
| 96 | patent, or trade secret; or |
| 97 | (b) Any defense raised in connection with a cause of |
| 98 | action described in paragraph (a). |
| 99 | Section 5. This act shall take effect July 1, 2006. |