HB 1495

1
A bill to be entitled
2An act relating to consumer protection; creating s.
3501.0113, F.S.; providing a definition; prohibiting the
4mailing or delivery of unsolicited checks; providing an
5exception; providing a penalty; exempting credit card
6bearers from liability for the unauthorized use of such
7checks; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Section 501.0113, Florida Statutes, is created
12to read:
13     501.0113  Checks; unsolicited delivery or mailing
14prohibited.-
15     (1)  As used in this section, the term "unsolicited check"
16means any check mailed or otherwise delivered to a person for
17the purpose of drawing on an existing account that is an
18extension of credit or activating an account in order to obtain
19credit.
20     (2)  Except as provided in subsection (3), it shall be
21unlawful for any financial institution, retail merchant, or
22other person to mail or otherwise deliver an unsolicited check
23in this state. A violation of this subsection is a misdemeanor
24of the second degree, punishable as provided in s. 775.082 or s.
25775.083.
26     (3)  This section does not apply to a check that is mailed
27or otherwise delivered in response to a request for such check.
28     (4)  A credit card bearer is not liable for the
29unauthorized use of any check issued on an unsolicited basis on
30or after July 1, 2010.
31     Section 2.  This act shall take effect July 1, 2010.


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