Florida Senate - 2022                                    SB 1104
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-00573A-22                                           20221104__
    1                        A bill to be entitled                      
    2         An act relating to automatic renewal subscription
    3         cancellations; creating s. 501.166, F.S.; defining
    4         terms; requiring businesses that offer automatic
    5         renewal subscriptions to provide consumers with
    6         certain methods to cancel the service; declaring that
    7         violations are unfair trade practices and subject to
    8         the Florida Deceptive and Unfair Trade Practices Act;
    9         providing applicability; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 501.166, Florida Statutes, is created to
   14  read:
   15         501.166 Cancellation of automatic renewal subscriptions for
   16  goods or services.—
   17         (1) As used in this section, the term:
   18         (a) “Automatic renewal subscription” means an agreement to
   19  provide any of the following goods or services for a specified
   20  time and price which is automatically renewed at the end of a
   21  definite term for a subsequent term unless the consumer cancels
   22  the agreement:
   23         1. Online magazines, journals, or periodicals.
   24         2. Online media players.
   25         3. Mobile applications.
   26         4. Social networking services.
   27         5. Internet game services.
   28         (b) “Internet game service” means an online service that
   29  provides information, software, data, text, photographs,
   30  graphics, audio, or video which may be accessed by a consumer on
   31  a paid subscription basis for the purpose of allowing that
   32  consumer to play a single-player or multiplayer game through the
   33  Internet or to download a game for that consumer to play
   34  offline. The term does not include online gambling or other
   35  gaming in which a person participates to win money.
   36         (c) “Mobile app” means a software application designed to
   37  be operated on a mobile device, such as a smartphone.
   38         (d) “Online media player” means an online service that
   39  delivers audio or video content.
   40         (e) “Social networking service” means an online service
   41  that facilitates the building of social relations and the
   42  sharing of information among specified groups of people.
   43         (2) A business that offers an automatic renewal
   44  subscription to a consumer in this state shall present that
   45  consumer with an easily accessible disclosure of the methods
   46  that consumer may use to cancel the subscription. One method
   47  must provide for online cancellation of the subscription by any
   48  means of communicating information over a computer network.
   49         (3) A violation of this section is a deceptive and unfair
   50  trade practice and constitutes a violation of the Florida
   51  Deceptive and Unfair Trade Practices Act under part II of this
   52  chapter.
   53         (4) This section applies to an agreement entered into or
   54  renewed after July 1, 2022, under which a business makes an
   55  automatic renewal subscription offer to a consumer in this
   56  state.
   57         Section 2. This act shall take effect July 1, 2022.