HB 129 CS (2005) -  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 6, 2005 11:49 PM

Referred Committees and Committee Actions

House Referrals

Related Bills

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

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Justice Appropriations Committee 4/21/2005 8:12:32 AM
Chamber: House Committee: Justice Appropriations Committee 4/14/2005 5:01:01 PM
Chamber: House Committee: Governmental Operations Committee 4/6/2005 4:22:54 PM
Chamber: House Committee: Governmental Operations Committee 4/4/2005 4:16:04 PM
Chamber: House Committee: Agriculture Committee 3/23/2005 11:55:36 AM
Chamber: House Committee: Agriculture Committee 3/15/2005 12:31:12 PM
Chamber: House Committee: Civil Justice Committee 2/17/2005 3:28:27 PM
Chamber: House Committee: Civil Justice Committee 2/8/2005 9:08:42 AM

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Died in Justice Council, Link/Iden/Sim/Compare passed, refer to HB 481 (Ch. 2005-229) Time: 05/06/2005 - 11:49 PM Member: Committee: Justice Council Version:
Event: H Now in Justice Council Time: 04/21/2005 - 1:13 PM Member: Committee: Justice Council Version: c3
Event: H Remaining referral: Justice Council Time: 04/21/2005 - 1:13 PM Member: Committee: Justice Council Version: c3
Event: H Pending review of CS under Rule 6.3 Time: 04/20/2005 - 7:49 PM Member: Committee: Version: c2
Event: H Reported out of Justice Appropriations Committee Time: 04/20/2005 - 7:43 PM Member: Committee: Justice Appropriations Committee Version: c2
Event: H Favorable with CS by Justice Appropriations Committee Time: 04/15/2005 - 1:28 PM Member: Committee: Justice Appropriations Committee Version: c2
Event: H Added to Justice Appropriations Committee agenda Time: 04/13/2005 - 4:29 PM Member: Committee: Justice Appropriations Committee Version: c2
Event: H Now in Justice Appropriations Committee Time: 04/06/2005 - 4:25 PM Member: Committee: Justice Appropriations Committee Version: c2
Event: H Reported out of Governmental Operations Committee Time: 04/06/2005 - 4:25 PM Member: Committee: Governmental Operations Committee Version: c2
Event: H Favorable by Governmental Operations Committee(Amended) Time: 04/06/2005 - 3:00 PM Member: Committee: Governmental Operations Committee Version: c3
Event: H Favorable by Governmental Operations Committee(Amended) Time: 04/06/2005 - 3:00 PM Member: Committee: Governmental Operations Committee Version: c3
Event: H Favorable by Governmental Operations Committee Time: 04/06/2005 - 3:00 PM Member: Committee: Governmental Operations Committee Version: c2
Event: H Added to Governmental Operations Committee agenda Time: 04/04/2005 - 4:08 PM Member: Committee: Governmental Operations Committee Version: c2
Event: H Now in Governmental Operations Committee Time: 03/24/2005 - 5:44 PM Member: Committee: Governmental Operations Committee Version: c2
Event: H Remaining referral: Justice Council Time: 03/24/2005 - 5:44 PM Member: Committee: Justice Council Version: c2
Event: H Remaining referral: Justice Appropriations Committee Time: 03/24/2005 - 5:44 PM Member: Committee: Justice Appropriations Committee Version: c2
Event: H Remaining referral: Governmental Operations Committee Time: 03/24/2005 - 5:44 PM Member: Committee: Governmental Operations Committee Version: c2
Event: H Pending review of CS under Rule 6.3 Time: 03/23/2005 - 12:38 PM Member: Committee: Version: c1
Event: H Reported out of Agriculture Committee Time: 03/23/2005 - 11:56 AM Member: Committee: Agriculture Committee Version: c1
Event: H Favorable with CS by Agriculture Committee Time: 03/16/2005 - 6:45 PM Member: Committee: Agriculture Committee Version: c1
Event: H Added to Agriculture Committee agenda Time: 03/14/2005 - 3:37 PM Member: Committee: Agriculture Committee Version: c1
Event: H 1st Reading Time: 03/08/2005 - 10:57 PM Member: Committee: Version: __
Event: H Now in Agriculture Committee Time: 02/21/2005 - 5:33 PM Member: Committee: Agriculture Committee Version: c1
Event: H Remaining referral: Justice Council Time: 02/21/2005 - 5:33 PM Member: Committee: Justice Council Version: c1
Event: H Remaining referral: Justice Appropriations Committee Time: 02/21/2005 - 5:33 PM Member: Committee: Justice Appropriations Committee Version: c1
Event: H Remaining referral: Governmental Operations Committee Time: 02/21/2005 - 5:33 PM Member: Committee: Governmental Operations Committee Version: c1
Event: H Remaining referral: Agriculture Committee Time: 02/21/2005 - 5:33 PM Member: Committee: Agriculture Committee Version: c1
Event: H Pending review of CS under Rule 6.3 Time: 02/18/2005 - 8:14 AM Member: Committee: Version: __
Event: H Reported out of Civil Justice Committee Time: 02/17/2005 - 3:53 PM Member: Committee: Civil Justice Committee Version: __
Event: H Favorable with CS by Civil Justice Committee Time: 02/09/2005 - 12:00 PM Member: Committee: Civil Justice Committee Version:
Event: H Added to Civil Justice Committee agenda Time: 01/28/2005 - 12:52 PM Member: Committee: Civil Justice Committee Version:
Event: H Now in Civil Justice Committee Time: 01/20/2005 - 5:22 PM Member: Committee: Civil Justice Committee Version:
Event: H Bill referred to committee Time: 01/20/2005 - 5:22 PM Member: Committee: Justice Council Version:
Event: H Bill referred to committee Time: 01/20/2005 - 5:22 PM Member: Committee: Justice Appropriations Committee Version:
Event: H Bill referred to committee Time: 01/20/2005 - 5:22 PM Member: Committee: Governmental Operations Committee Version:
Event: H Bill referred to committee Time: 01/20/2005 - 5:22 PM Member: Committee: Agriculture Committee Version:
Event: H Bill referred to committee Time: 01/20/2005 - 5:22 PM Member: Committee: Civil Justice Committee Version:
Event: H Filed Time: 12/21/2004 - 9:09 AM Member: Vana Committee: Version:

Statutes Referenced by this Bill

Statute Other Bill Citations
501.165 HB 1035 CS
501.203
501.204
501.207
501.2075
501.2076
817.568 HB 481
817.5681 HB 481