| 1 | A bill to be entitled |
| 2 | An act relating to consumer protection; creating s. |
| 3 | 501.0113, F.S.; providing a definition; prohibiting the |
| 4 | mailing or delivery of unsolicited checks; providing an |
| 5 | exception; providing a penalty; exempting credit card |
| 6 | bearers from liability for the unauthorized use of such |
| 7 | checks; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Section 501.0113, Florida Statutes, is created |
| 12 | to read: |
| 13 | 501.0113 Checks; unsolicited delivery or mailing |
| 14 | prohibited.- |
| 15 | (1) As used in this section, the term "unsolicited check" |
| 16 | means any check mailed or otherwise delivered to a person for |
| 17 | the purpose of drawing on an existing account that is an |
| 18 | extension of credit or activating an account in order to obtain |
| 19 | credit. |
| 20 | (2) Except as provided in subsection (3), it shall be |
| 21 | unlawful for any financial institution, retail merchant, or |
| 22 | other person to mail or otherwise deliver an unsolicited check |
| 23 | in this state. A violation of this subsection is a misdemeanor |
| 24 | of the second degree, punishable as provided in s. 775.082 or s. |
| 25 | 775.083. |
| 26 | (3) This section does not apply to a check that is mailed |
| 27 | or otherwise delivered in response to a request for such check. |
| 28 | (4) A credit card bearer is not liable for the |
| 29 | unauthorized use of any check issued on an unsolicited basis on |
| 30 | or after July 1, 2010. |
| 31 | Section 2. This act shall take effect July 1, 2010. |