Bill Text: FL S0306 | 2010 | Regular Session | Introduced

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Bill Title: Consumer Protection/Unsolicited Checks [CPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Commerce [S0306 Detail]

Download: Florida-2010-S0306-Introduced.html

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Florida Senate - 2010                                     SB 306 
 
By Senator Sobel 
31-00245-10                                            2010306__ 
1                        A bill to be entitled 
2         An act relating to consumer protection; creating s. 
3         501.0113, F.S.; providing a definition; prohibiting 
4         the mailing or delivery of unsolicited checks; 
5         providing an exception; providing a penalty; exempting 
6         credit card bearers from liability for the 
7         unauthorized use of such checks; providing an 
8         effective date. 
9 
10  Be It Enacted by the Legislature of the State of Florida: 
11 
12         Section 1. Section 501.0113, Florida Statutes, is created 
13  to read: 
14         501.0113 Checks; unsolicited delivery or mailing 
15  prohibited.— 
16         (1) As used in this section, the term “unsolicited check” 
17  means any check mailed or otherwise delivered to a person for 
18  the purpose of drawing on an existing account that is an 
19  extension of credit or activating an account in order to obtain 
20  credit. 
21         (2) Except as provided in subsection (3), it shall be 
22  unlawful for any financial institution, retail merchant, or 
23  other person to mail or otherwise deliver an unsolicited check 
24  in this state. A violation of this subsection is a misdemeanor 
25  of the second degree, punishable as provided in s. 775.082 or s. 
26  775.083. 
27         (3) This section does not apply to a check that is mailed 
28  or otherwise delivered in response to a request for such check. 
29         (4) A credit card bearer is not liable for the unauthorized 
30  use of any check issued on an unsolicited basis on or after July 
31  1, 2010. 
32         Section 2. This act shall take effect July 1, 2010.