Florida Senate - 2010 SB 306
By Senator Sobel
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:
14 501.0113 Checks; unsolicited delivery or mailing
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
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.
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.