Bill Text: FL H1495 | 2010 | Regular Session | Introduced

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Bill Title: Consumer Protection

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Insurance, Business, & Financial Affairs Policy (GGPC) [H1495 Detail]

Download: Florida-2010-H1495-Introduced.html

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HB 1495

1	A bill to be entitled
2	An act relating to consumer protection; creating s.
3	501.0113, F.S.; providing a definition; prohibiting the
4	mailing or delivery of unsolicited checks; providing an
5	exception; providing a penalty; exempting credit card
6	bearers from liability for the unauthorized use of such
7	checks; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
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11	Section 1. Section 501.0113, Florida Statutes, is created
12	to read:
13	501.0113 Checks; unsolicited delivery or mailing
14	prohibited.-
15	(1) As used in this section, the term "unsolicited check"
16	means any check mailed or otherwise delivered to a person for
17	the purpose of drawing on an existing account that is an
18	extension of credit or activating an account in order to obtain
19	credit.
20	(2) Except as provided in subsection (3), it shall be
21	unlawful for any financial institution, retail merchant, or
22	other person to mail or otherwise deliver an unsolicited check
23	in this state. A violation of this subsection is a misdemeanor
24	of the second degree, punishable as provided in s. 775.082 or s.
25	775.083.
26	(3) This section does not apply to a check that is mailed
27	or otherwise delivered in response to a request for such check.
28	(4) A credit card bearer is not liable for the
29	unauthorized use of any check issued on an unsolicited basis on
30	or after July 1, 2010.
31	Section 2. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.