| 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. |