Bill Text: FL S1326 | 2011 | Regular Session | Introduced

Bill Title: Copy Machines/Photocopiers/Fax Machines/Printers

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1326 Detail]

Download: Florida-2011-S1326-Introduced.html
       Florida Senate - 2011                                    SB 1326
       By Senator Garcia
       40-01539A-11                                          20111326__
    1                        A bill to be entitled                      
    2         An act relating to copy machines, photocopiers, fax
    3         machines, and printers; creating s. 501.974, F.S.;
    4         providing definitions; requiring vendors of copy
    5         machines to provide specified warning labels and
    6         information with machines; requiring rulemaking;
    7         requiring vendors of copy machines to erase or
    8         otherwise render non-recreatable any records stored in
    9         the memory of a machine; providing requirements for
   10         financial institutions concerning copy machines;
   11         prohibiting specified acts concerning required warning
   12         labels; providing for recovery of punitive damages for
   13         certain violations; providing an effective date.
   15         WHEREAS, every digital copier manufactured since 2002
   16  contains a hard drive that functions in a manner similar to a
   17  computer hard drive, storing digital images of documents that
   18  are copied, transmitted, or printed by the device, and
   19         WHEREAS, the hard drive of a digital copy machine stores an
   20  image of every document scanned, emailed, or copied by the
   21  machine, and
   22         WHEREAS, the hard drives or other forms of memory of other
   23  copy machines may also store images of documents, and
   24         WHEREAS, social security numbers, birth certificates,
   25  medical records, bank records, and other personal information
   26  can easily be retrieved from digital copy machines by identity
   27  thieves, and
   28         WHEREAS, restricting the sale or lease of digital copy
   29  machines unless information has been permanently removed from
   30  digital memory will protect the citizens of this state from this
   31  danger, NOW, THEREFORE,
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. Section 501.974, Florida Statutes, is created to
   36  read:
   37         501.974 Copy machines.—
   38         (1) For purposes of this section, the term:
   39         (a) “Copy machine” means any device used to copy, print,
   40  scan, or fax documents.
   41         (b) “Encrypt” means the scrambling of wire or electronic
   42  information using a mathematical formula or algorithm in order
   43  to preserve the confidentiality, integrity, or authenticity of,
   44  and prevent an unauthorized recipient from accessing or
   45  altering, such information.
   46         (c) “Warning label” means a notice that is attached to a
   47  product or found in the accompanying instruction booklet that
   48  alerts the user about a potential danger associated with the
   49  product.
   50         (2)(a) The vendor of a copy machine may not sell or rent
   51  such a machine unless the machine has a warning label affixed to
   52  it which informs the customer in substantially the following
   53  terms: “Deleting and/or formatting a file does not erase it from
   54  your hard drive. It is possible to recover files if you don’t
   55  dispose of them properly!”
   56         (b) Such a vendor shall also provide information explaining
   57  to the customer how to install a software program that
   58  completely erases all data from the copy machine, unless the
   59  machine’s manufacturer has provided support services for such
   60  software installation.
   61         (c) The department may adopt rules concerning the warning
   62  labels required by this subsection and shall adopt a rule
   63  requiring that each such machine be accompanied by a brochure
   64  advising consumers that data is automatically stored in the hard
   65  drive of the machine.
   66         (3) A copy machine vendor shall destroy, or arrange for the
   67  destruction of, all records stored on a copy machine, in digital
   68  or other form of memory, if the machine is sold, leased, or
   69  purchased by the vendor, by erasing or otherwise modifying those
   70  records to make the records unreadable, undecipherable, or non
   71  recreatable through generally available means.
   72         (4) A financial institution, as defined in s. 655.005, must
   73  implement written policies and procedures to identify copy
   74  machines and ensure that the hard drive or other form of memory
   75  of each machine is erased, encrypted, or destroyed prior to the
   76  machine being returned to the leasing company, sold to a third
   77  party, or otherwise disposed of. If the institution chooses to
   78  erase or encrypt the hard drive or other form of memory, the
   79  method used must render the stored information unrecoverable.
   80         (5) A person may not willfully remove, alter, or render
   81  illegible any warning label required by this section that is
   82  affixed to any copy machine.
   83         (6) Notwithstanding s. 501.211, a person damaged in
   84  business or property as a result of a violation of this section
   85  may, in addition to other relief, recover punitive damages.
   86         Section 2. This act shall take effect July 1, 2011.