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HB 129 CS - Consumer Protection

General Bill   by Vana (CO-SPONSORS) Bucher; Hasner; Henriquez; Justice; Porth
Consumer Protection: Prohibits the use of deception to obtain certain personal information for commercial solicitation purposes; provides that such acts are deceptive trade practices or unfair methods of competition; provides penalties; provides an exception to a civil penalty; prohibits falsely representing oneself as being affiliated with a law enforcement or firefighting agency or public utility; provides a penalty; provides that a violation of law relating to the criminal use of personal identification information is an unfair or deceptive act or practice or unfair method of competition; provides penalties; revises provisions of law relating to remedies of the enforcing authority under the Florida Deceptive and Unfair Trade Practices Act; provides that the court may order actions brought under that act on behalf of an enterprise; includes other information within the definition of the term "personal identification information"; defines the term "counterfeit or fictitious personal identification information"; revises criminal penalties relating to the offense of fraudulently using, or possessing with intent to fraudulently use, personal identification information; provides minimum mandatory terms of imprisonment; creates the offenses of willfully and fraudulently using, or possessing with intent to fraudulently use, personal identification information concerning a deceased individual; provides criminal penalties; provides for minimum mandatory terms of imprisonment; creates the offense of willfully and fraudulently creating or using, or possessing with intent to fraudulently use, counterfeit or fictitious personal identification information; provides criminal penalties; provides for reclassification of offenses under certain circumstances; provides for reduction or suspension of sentences under certain circumstances; requires business persons maintaining computerized data that includes personal information to provide notice of breaches of system security under certain circumstances; provides requirements; provides for administrative fines; provides exceptions and limitations; authorizes delays of such disclosures under certain circumstances; provides definitions; provides for alternative notice methods; specifies conditions of compliance for persons maintaining certain alternative notification procedures; specifies conditions under which notification is not required; provides requirements for documentation and maintenance of documentation; provides an administrative fine for failing to document certain failures to comply; provides for application of administrative sanctions to certain persons under certain circumstances; authorizes the Department of Legal Affairs to institute proceedings to assess and collect fines; provides that no entity may accumulate or report a consumer's drug test results with any of their other personal data; provides exceptions; provides for severability.
Effective Date: July 1, 2005.
Last Event: Died in Justice Council, Link/Iden/Sim/Compare passed, refer to HB 481 (Ch. 2005-229) on Friday, May 06, 2005 11:59 PM

Referred Committees and Committee Actions

House Referrals

    -  Civil Justice Committee
           On agenda for: 02/09/05 10:00 AM              Notice
        Favorable With Committee Substitute (final action)              See Votes
 
    -  Agriculture Committee
           On agenda for: 03/16/05 2:15 PM              Notice
        Favorable With Committee Substitute (final action)              See Votes
 
    -  Governmental Operations Committee
           On agenda for: 04/06/05 1:00 PM              Notice
        Favorable (final action)              See Votes
 
    -  Justice Appropriations Committee
           On agenda for: 04/15/05 11:30 AM              Notice
        Favorable With Committee Substitute (final action)              See Votes
 
    -  Justice Council

Related Bills
Bill # Subject Relationship
HB 481 Unlawful Use of Personal Identification Information Compare
CS/SB 284 Consumer Protection Compare
CS/CS/SB 978 Unlawful Use of Personal ID Info. Compare

Bill Text

Staff Analysis

Vote History
(no votes recorded)

Bill History
Event Time Member Committee
Died in Justice Council, Link/Iden/Sim/Compare passed, refer to HB 481 (Ch. 2005-229) Friday, May 06, 2005 11:59 PM Justice Council
Now in Justice Council Thursday, April 21, 2005 1:13 PM Justice Council
Remaining referral: Justice Council Thursday, April 21, 2005 1:13 PM Justice Council
Pending review of CS under Rule 6.3 Wednesday, April 20, 2005 7:49 PM
Reported out of Justice Appropriations Committee Wednesday, April 20, 2005 7:43 PM Justice Appropriations Committee
Favorable with CS by Justice Appropriations Committee Friday, April 15, 2005 1:28 PM Justice Appropriations Committee
Added to Justice Appropriations Committee agenda Wednesday, April 13, 2005 4:29 PM Justice Appropriations Committee
Now in Justice Appropriations Committee Wednesday, April 06, 2005 4:25 PM Justice Appropriations Committee
Reported out of Governmental Operations Committee Wednesday, April 06, 2005 4:25 PM Governmental Operations Committee
Favorable by Governmental Operations Committee(Amended) Wednesday, April 06, 2005 3:00 PM Governmental Operations Committee
Favorable by Governmental Operations Committee(Amended) Wednesday, April 06, 2005 3:00 PM Governmental Operations Committee
Favorable by Governmental Operations Committee Wednesday, April 06, 2005 3:00 PM Governmental Operations Committee
Added to Governmental Operations Committee agenda Monday, April 04, 2005 4:08 PM Governmental Operations Committee
Now in Governmental Operations Committee Thursday, March 24, 2005 5:44 PM Governmental Operations Committee
Remaining referral: Justice Council Thursday, March 24, 2005 5:44 PM Justice Council
Remaining referral: Justice Appropriations Committee Thursday, March 24, 2005 5:44 PM Justice Appropriations Committee
Remaining referral: Governmental Operations Committee Thursday, March 24, 2005 5:44 PM Governmental Operations Committee
Pending review of CS under Rule 6.3 Wednesday, March 23, 2005 12:38 PM
Reported out of Agriculture Committee Wednesday, March 23, 2005 11:56 AM Agriculture Committee
Favorable with CS by Agriculture Committee Wednesday, March 16, 2005 6:45 PM Agriculture Committee
Added to Agriculture Committee agenda Monday, March 14, 2005 3:37 PM Agriculture Committee
1st Reading Tuesday, March 08, 2005 10:57 PM
Now in Agriculture Committee Monday, February 21, 2005 5:33 PM Agriculture Committee
Remaining referral: Justice Council Monday, February 21, 2005 5:33 PM Justice Council
Remaining referral: Justice Appropriations Committee Monday, February 21, 2005 5:33 PM Justice Appropriations Committee
Remaining referral: Governmental Operations Committee Monday, February 21, 2005 5:33 PM Governmental Operations Committee
Remaining referral: Agriculture Committee Monday, February 21, 2005 5:33 PM Agriculture Committee
Pending review of CS under Rule 6.3 Friday, February 18, 2005 8:14 AM
Reported out of Civil Justice Committee Thursday, February 17, 2005 3:53 PM Civil Justice Committee
Favorable with CS by Civil Justice Committee Wednesday, February 09, 2005 12:00 PM Civil Justice Committee
Added to Civil Justice Committee agenda Friday, January 28, 2005 12:52 PM Civil Justice Committee
Now in Civil Justice Committee Thursday, January 20, 2005 5:22 PM Civil Justice Committee
Bill referred to committee Thursday, January 20, 2005 5:22 PM Justice Council
Bill referred to committee Thursday, January 20, 2005 5:22 PM Justice Appropriations Committee
Bill referred to committee Thursday, January 20, 2005 5:22 PM Governmental Operations Committee
Bill referred to committee Thursday, January 20, 2005 5:22 PM Agriculture Committee
Bill referred to committee Thursday, January 20, 2005 5:22 PM Civil Justice Committee
Filed Tuesday, December 21, 2004 9:09 AM Vana

Statutes Referenced by this Bill
501.204
501.2075
501.207
501.203
501.165
817.5681
817.568
501.2076
 

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