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.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 501.0113, Florida Statutes, is created
   13  to read:
   14         501.0113Checks; 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.

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