HB 551

1
A bill to be entitled
2An act relating to copy machines, photocopiers, fax
3machines, and printers; creating s. 501.974, F.S.;
4providing definitions; requiring vendors of copy machines
5to provide specified warning labels and information with
6machines; requiring rulemaking; requiring vendors of copy
7machines to erase or otherwise render non-recreatable any
8records stored in the memory of a machine; providing
9requirements for financial institutions concerning copy
10machines; prohibiting specified acts concerning required
11warning labels; providing for recovery of punitive damages
12for certain violations; providing an effective date.
13
14     WHEREAS, every digital copier manufactured since 2002
15contains a hard drive that functions in a manner similar to a
16computer hard drive, storing digital images of documents that
17are copied, transmitted, or printed by the device, and
18     WHEREAS, the hard drive of a digital copy machine stores an
19image of every document scanned, emailed, or copied by the
20machine, and
21     WHEREAS, the hard drives or other forms of memory of other
22copy machines may also store images of documents, and
23     WHEREAS, social security numbers, birth certificates,
24medical records, bank records, and other personal information
25can easily be retrieved from digital copy machines by identity
26thieves, and
27     WHEREAS, restricting the sale or lease of digital copy
28machines unless information has been permanently removed from
29digital memory will protect the citizens of this state from this
30danger, NOW, THEREFORE,
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Section 501.974, Florida Statutes, is created
35to read:
36     501.974  Copy machines.-
37     (1)  For purposes of this section, the term:
38     (a)  "Copy machine" means any device used to copy, print,
39scan, or fax documents.
40     (b)  "Encrypt" means the scrambling of wire or electronic
41information using a mathematical formula or algorithm in order
42to preserve the confidentiality, integrity, or authenticity of,
43and prevent an unauthorized recipient from accessing or
44altering, such information.
45     (c)  "Warning label" means a notice that is attached to a
46product or found in the accompanying instruction booklet that
47alerts the user about a potential danger associated with the
48product.
49     (2)(a)  The vendor of a copy machine may not sell or rent
50such a machine unless the machine has a warning label affixed to
51it which informs the customer in substantially the following
52terms: "Deleting and/or formatting a file does not erase it from
53your hard drive. It is possible to recover files if you don't
54dispose of them properly!"
55     (b)  Such a vendor shall also provide information
56explaining to the customer how to install a software program
57that completely erases all data from the copy machine, unless
58the machine's manufacturer has provided support services for
59such software installation.
60     (c)  The department may adopt rules concerning the warning
61labels required by this subsection and shall adopt a rule
62requiring that each such machine be accompanied by a brochure
63advising consumers that data is automatically stored in the hard
64drive of the machine.
65     (3)  A copy machine vendor shall destroy, or arrange for
66the destruction of, all records stored on a copy machine, in
67digital or other form of memory, if the machine is sold, leased,
68or purchased by the vendor, by erasing or otherwise modifying
69those records to make the records unreadable, undecipherable, or
70non-recreatable through generally available means.
71     (4)  A financial institution, as defined in s. 655.005,
72must implement written policies and procedures to identify copy
73machines and ensure that the hard drive or other form of memory
74of each machine is erased, encrypted, or destroyed prior to the
75machine being returned to the leasing company, sold to a third
76party, or otherwise disposed of. If the institution chooses to
77erase or encrypt the hard drive or other form of memory, the
78method used must render the stored information unrecoverable.
79     (5)  A person may not willfully remove, alter, or render
80illegible any warning label required by this section that is
81affixed to any copy machine.
82     (6)  Notwithstanding s. 501.211, a person damaged in
83business or property as a result of a violation of this section
84may, in addition to other relief, recover punitive damages.
85     Section 2.  This act shall take effect July 1, 2011.


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