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