reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.705 - Consumer rights.

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501.705 Consumer rights.—
(1) A consumer is entitled to exercise the consumer rights authorized by this section at any time by submitting a request to a controller which specifies the consumer rights that the consumer wishes to exercise. With respect to the processing of personal data belonging to a known child, a parent or legal guardian of the child may exercise these rights on behalf of the child.
(2) A controller shall comply with an authenticated consumer request to exercise any of the following rights:
(a) To confirm whether a controller is processing the consumer’s personal data and to access the personal data.
(b) To correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data.
(c) To delete any or all personal data provided by or obtained about the consumer.
(d) To obtain a copy of the consumer’s personal data in a portable and, to the extent technically feasible, readily usable format if the data is available in a digital format.
(e) To opt out of the processing of the personal data for purposes of:
1. Targeted advertising;
2. The sale of personal data; or
3. Profiling in furtherance of a decision that produces a legal or similarly significant effect concerning a consumer.
(f) To opt out of the collection of sensitive data, including precise geolocation data, or the processing of sensitive data.
(g) To opt out of the collection of personal data collected through the operation of a voice recognition or facial recognition feature.
(3) A device that has a voice recognition feature, a facial recognition feature, a video recording feature, an audio recording feature, or any other electronic, visual, thermal, or olfactory feature that collects data may not use those features for the purpose of surveillance by the controller, processor, or affiliate of a controller or processor when such features are not in active use by the consumer, unless otherwise expressly authorized by the consumer.
History.—s. 8, ch. 2023-201.
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Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.707 - Appeal.

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501.707 Appeal.—
(1) A controller shall establish a process for a consumer to appeal the controller’s refusal to take action on a request within a reasonable period of time after the consumer’s receipt of the decision under s. 501.706(3).
(2) The appeal process must be conspicuously available and similar to the process for initiating action to exercise consumer rights by submitting a request under s. 501.705.
(3) A controller shall inform the consumer in writing of any action taken or not taken in response to an appeal under this section within 60 days after the date of receipt of the appeal, including a written explanation of the reason or reasons for the decision.
History.—s. 10, ch. 2023-201.
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Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.708 - Waiver or limitation of consumer rights prohibited.

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501.708 Waiver or limitation of consumer rights prohibited.—Any provision of a contract or agreement which waives or limits in any way a consumer right described by s. 501.705, s. 501.706, or s. 501.707 is contrary to public policy and is void and unenforceable.
History.—s. 11, ch. 2023-201.
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Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.709 - Submitting consumer requests.

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501.709 Submitting consumer requests.—
(1) A controller shall establish two or more methods to enable consumers to submit a request to exercise their consumer rights under this part. The methods must be secure, reliable, and clearly and conspicuously accessible. The methods must take all of the following into account:
(a) The ways in which consumers normally interact with the controller.
(b) The necessity for secure and reliable communications of these requests.
(c) The ability of the controller to authenticate the identity of the consumer making the request.
(2) A controller may not require a consumer to create a new account to exercise the consumer’s rights under this part but may require a consumer to use an existing account.
(3) A controller shall provide a mechanism on its website for a consumer to submit a request for information required to be disclosed under this part. A controller that operates exclusively online and has a direct relationship with a consumer from whom the controller collects personal data may also provide an e-mail address for the submission of requests.
History.—s. 12, ch. 2023-201.
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Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.711 - Privacy notices.

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501.711 Privacy notices.—
(1) A controller shall provide consumers with a reasonably accessible and clear privacy notice, updated at least annually, that includes all of the following information:
(a) The categories of personal data processed by the controller, including, if applicable, any sensitive data processed by the controller.
(b) The purpose of processing personal data.
(c) How consumers may exercise their rights under s. 501.705(2), including the process by which a consumer may appeal a controller’s decision with regard to the consumer’s request.
(d) If applicable, the categories of personal data that the controller shares with third parties.
(e) If applicable, the categories of third parties with whom the controller shares personal data.
(f) A description of the methods specified in s. 501.709 by which consumers can submit requests to exercise their consumer rights under this part.
(2) If a controller engages in the sale of personal data that is sensitive data, the controller must provide the following notice: “NOTICE: This website may sell your sensitive personal data.” The notice must be posted in accordance with subsection (1).
(3) If a controller engages in the sale of personal data that is biometric data, the controller must provide the following notice: “NOTICE: This website may sell your biometric personal data.” The notice must be posted in accordance with subsection (1).
(4) If a controller sells personal data to third parties or processes personal data for targeted advertising, the controller must clearly and conspicuously disclose that process and the manner in which a consumer may exercise the right to opt out of that process.
(5) A controller may not collect additional categories of personal information or use personal information collected for additional purposes without providing the consumer with notice consistent with this section.
History.—s. 14, ch. 2023-201.
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Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.713 - Data protection assessments.

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501.713 Data protection assessments.—
(1) A controller shall conduct and document a data protection assessment of each of the following processing activities involving personal data:
(a) The processing of personal data for purposes of targeted advertising.
(b) The sale of personal data.
(c) The processing of personal data for purposes of profiling if the profiling presents a reasonably foreseeable risk of:
1. Unfair or deceptive treatment of or unlawful disparate impact on consumers;
2. Financial, physical, or reputational injury to consumers;
3. A physical or other intrusion on the solitude or seclusion, or the private affairs or concerns, of consumers, if the intrusion would be offensive to a reasonable person; or
4. Other substantial injury to consumers.
(d) The processing of sensitive data.
(e) Any processing activities involving personal data which present a heightened risk of harm to consumers.
(2) A data protection assessment conducted under subsection (1) must do all of the following:
(a) Identify and weigh the direct or indirect benefits that may flow from the processing to the controller, the consumer, other stakeholders, and the public against the potential risks to the rights of the consumer associated with that processing, as mitigated by safeguards that can be employed by the controller to reduce such risks.
(b) Factor into the assessment:
1. The use of deidentified data;
2. The reasonable expectations of consumers;
3. The context of the processing; and
4. The relationship between the controller and the consumer whose personal data will be processed.
(3) The disclosure of a data protection assessment in compliance with a request from the Attorney General pursuant to s. 501.72 does not constitute a waiver of attorney-client privilege or work-product protection with respect to the assessment and any information contained in the assessment.
(4) A single data protection assessment may address a comparable set of processing operations which include similar activities.
(5) A data protection assessment conducted by a controller for the purpose of compliance with any other law or regulation may constitute compliance with the requirements of this section if the assessment has a reasonably comparable scope and effect.
(6) This section applies only to processing activities generated on or after July 1, 2023.
History.—s. 16, ch. 2023-201.
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Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.714 - Deidentified data, pseudonymous data, and aggregate consumer information.

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501.714 Deidentified data, pseudonymous data, and aggregate consumer information.—
(1) A controller in possession of deidentified data shall do all of the following:
(a) Take reasonable measures to ensure that the data cannot be associated with an individual.
(b) Maintain and use the data in deidentified form. A controller may not attempt to reidentify the data, except that the controller may attempt to reidentify the data solely for the purpose of determining whether its deidentification processes satisfy the requirements of this section.
(c) Contractually obligate any recipient of the deidentified data to comply with this part.
(d) Implement business processes to prevent the inadvertent release of deidentified data.
(2) This part may not be construed to require a controller or processor to do any of the following:
(a) Reidentify deidentified data or pseudonymous data.
(b) Maintain data in an identifiable form or obtain, retain, or access any data or technology for the purpose of allowing the controller or processor to associate a consumer request with personal data.
(c) Comply with an authenticated consumer rights request under s. 501.705 if the controller:
1. Is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data;
2. Does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with other personal data about the same specific consumer; and
3. Does not sell the personal data to a third party or otherwise voluntarily disclose the personal data to a third party other than a processor, except as otherwise authorized by this section.
(3) The consumer rights enumerated under s. 501.705(2) and controller duties imposed under s. 501.71 do not apply to pseudonymous data or aggregate consumer information in cases in which the controller is able to demonstrate that any information necessary to identify the consumer is kept separate and is subject to effective technical and organizational controls that prevent the controller from accessing the information.
(4) A controller that discloses pseudonymous data, deidentified data, or aggregate consumer information shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the data or information is subject and shall take appropriate steps to address any breach of the contractual commitments.
History.—s. 17, ch. 2023-201.
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Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.715 - Requirements for sensitive data.

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501.715 Requirements for sensitive data.—
(1) A person who meets the requirements of s. 501.702(9)(a)1.-3. for the definition of a controller may not engage in the sale of personal data that is sensitive data without receiving prior consent from the consumer or, if the sensitive data is of a known child, without processing that data with the affirmative authorization for such processing by a known child who is between 13 and 18 years of age or in accordance with the Children’s Online Privacy Protection Act, 15 U.S.C. ss. 6501 et seq. for a known child under the age of 13.
(2) A person in subsection (1) who engages in the sale of personal data that is sensitive data must provide the following notice: “NOTICE: This website may sell your sensitive personal data.”
(3) A person who violates this section is subject to the penalty imposed under s. 501.72.
History.—s. 18, ch. 2023-201.
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Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.717 - Collection, use, or retention of data for certain purposes.

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501.717 Collection, use, or retention of data for certain purposes.—
(1) The requirements imposed on controllers and processors under this part may not restrict a controller’s or processor’s ability to collect, use, or retain data to do any of the following:
(a) Conduct internal research to develop, improve, or repair products, services, or technology.
(b) Effect a product recall.
(c) Identify and repair technical errors that impair existing or intended functionality.
(d) Perform internal operations that are:
1. Reasonably aligned with the expectations of the consumer;
2. Reasonably anticipated based on the consumer’s existing relationship with the controller; or
3. Otherwise compatible with processing data in furtherance of the provision of a product or service specifically requested by a consumer or the performance of a contract to which the consumer is a party.
(2) A requirement imposed on a controller or processor under this part does not apply if compliance with the requirement by the controller or processor, as applicable, would violate an evidentiary privilege under the laws of this state.
History.—s. 20, ch. 2023-201.
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Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.718 - Disclosure of personal data to third-party controller or processor.

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501.718 Disclosure of personal data to third-party controller or processor.—
(1) A controller or processor that discloses personal data to a third-party controller or processor in compliance with the requirements of this part does not violate this part if the third-party controller or processor that receives and processes that personal data violates this part, provided that, at the time of the data’s disclosure, the disclosing controller or processor could not have reasonably known that the recipient intended to commit a violation.
(2) A third-party controller or processor receiving personal data from a controller or processor in compliance with the requirements of this part may not be held liable for violations of this part committed by the controller or processor from which the third-party controller or processor receives the personal data.
History.—s. 21, ch. 2023-201.
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Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.719 - Processing of certain personal data by controller or other person.

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501.719 Processing of certain personal data by controller or other person.—
(1) Personal data processed by a controller pursuant to ss. 501.716-501.718 may not be processed for any purpose other than those specified in those sections. Personal data processed by a controller pursuant to ss. 501.716-501.718 may be processed to the extent that the processing of the data is:
(a) Reasonably necessary and proportionate to the purposes specified in ss. 501.716-501.718;
(b) Adequate, relevant, and limited to what is necessary in relation to the purposes specified in ss. 501.716-501.718; and
(c) Done to assist another controller, processor, or third party with any of the purposes specified in s. 501.716, s. 501.717, or s. 501.718.
(2) A controller or processor that collects, uses, or retains personal data for the purposes specified in s. 501.717(1) must take into account the nature and purpose of such collection, use, or retention. Such personal data is subject to reasonable administrative, technical, and physical measures to protect its confidentiality, integrity, and accessibility and to reduce reasonably foreseeable risks of harm to consumers relating to the collection, use, or retention of personal data.
(3) A controller or processor shall adopt and implement a retention schedule that prohibits the use or retention of personal data not subject to an exemption by the controller or processor after the satisfaction of the initial purpose for which such information was collected or obtained, after the expiration or termination of the contract pursuant to which the information was collected or obtained, or 2 years after the consumer’s last interaction with the controller or processor. This subsection does not apply to personal data reasonably used or retained to do any of the following:
(a) Provide a good or service requested by the consumer, or reasonably anticipate the request of such good or service within the context of a controller’s ongoing business relationship with the consumer.
(b) Debug to identify and repair errors that impair existing intended functionality.
(c) Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the controller or that are compatible with the context in which the consumer provided the information.
(4) A controller or processor that processes personal data pursuant to ss. 501.716-501.718 bears the burden of demonstrating that the processing of the personal data qualifies for the exemption and complies with the requirements of this section.
History.—s. 22, ch. 2023-201.
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Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part V - Data Privacy and Security (Ss. 501.701-501.722) › 501.721 - Preemption.

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501.721 Preemption.—This part is a matter of statewide concern and supersedes all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the collection, processing, sharing, or sale of consumer personal data by a controller or processor. The regulation of the collection, processing, sharing, or sale of consumer personal data by a controller or processor is preempted to the state.
History.—s. 24, ch. 2023-201.
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Note.—Effective July 1, 2024.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.91 - Short title.

501.91 Short title.—Sections 501.91-501.923 may be cited as the “Antifreeze Act of 1978.”
History.—s. 1, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.911 - Administration of act.

501.911 Administration of act.—Sections 501.91-501.923 shall be administered by the Department of Agriculture and Consumer Services.
History.—s. 2, ch. 78-199; s. 2, ch. 81-318; ss. 1, 4, 5, ch. 89-4; s. 4, ch. 91-429; s. 23, ch. 2012-67.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.912 - Definitions.

501.912 Definitions.—As used in ss. 501.91-501.923:
(1) “Antifreeze” means any substance or preparation, including, but not limited to, antifreeze-coolant, antifreeze and summer coolant, or summer coolant, that is sold, distributed, or intended for use:
(a) As the cooling liquid, or to be added to the cooling liquid, in the cooling system of internal combustion engines of motor vehicles to prevent freezing of the cooling liquid or to lower its freezing point; or
(b) To raise the boiling point of water or for the prevention of engine overheating, whether or not the liquid is used as a year-round cooling system fluid.
(2) “Department” means the Department of Agriculture and Consumer Services.
(3) “Distribute” means to hold with an intent to sell, offer for sale, sell, barter, or otherwise supply to the consumer.
(4) “Package” means a sealed, tamperproof retail package, drum, or other container designed for the sale of antifreeze directly to the consumer or a container from which the antifreeze may be installed directly by the seller into the cooling system. However, this term does not include shipping containers containing properly labeled inner containers.
(5) “Label” means any display of written, printed, or graphic matter on, or attached to, a package or to the outside individual container or wrapper of the package.
(6) “Labeling” means the labels and any other written, printed, or graphic matter accompanying a package.
History.—s. 3, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429; s. 61, ch. 92-291; s. 11, ch. 2018-84.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.913 - Registration.

501.913 Registration.—
(1) Each brand of antifreeze to be distributed in this state must be registered with the department before distribution. The person whose name appears on the label, the manufacturer, or the packager shall make application annually or biennially to the department on forms provided by the department. The registration certificate expires 12 or 24 months after the date of issue, as indicated on the registration certificate. The registrant assumes, by application to register the brand, full responsibility for the registration, quality, and quantity of the product sold, offered, or exposed for sale in this state.
(2) The completed application shall be accompanied by:
(a) Specimens or copies of the label for each brand of antifreeze;
(b) An application fee of $200 for a 12-month registration or $400 for a 24-month registration for each brand of antifreeze; and
(c) For first-time applications, a certified report from an independent testing laboratory, dated no more than 6 months before the registration application, providing analysis showing that the antifreeze conforms to minimum standards required for antifreeze by this part or rules of the department and is not adulterated.
(3) The department may analyze or inspect the antifreeze to ensure that it:
(a) Meets the labeling claims;
(b) Conforms to minimum standards required for antifreeze by this part or rules of the department; and
(c) Is not adulterated as prescribed for antifreeze by this part.
(4)(a) If the registration requirements are met, and, if the antifreeze meets the minimum standards, is not adulterated, and meets the labeling claims, the department shall issue a certificate of registration authorizing the distribution of that antifreeze in the state for the permit period.
(b) If registration requirements are not met, or, if the antifreeze fails to meet the minimum standards, is adulterated, or fails to meet the labeling claims, the department shall refuse to register the antifreeze.
History.—s. 4, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429; s. 62, ch. 92-291; s. 1, ch. 99-391; s. 24, ch. 2012-67; s. 12, ch. 2014-147; s. 12, ch. 2018-84.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.914 - Cancellation of registration.

501.914 Cancellation of registration.—The department may cancel any registration after due notice and opportunity to be heard if it finds the antifreeze is adulterated or mislabeled or that the registration has failed to comply with any of the provisions of this act or the rules promulgated pursuant to this act.
History.—s. 4, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.915 - Adulteration of antifreeze.

501.915 Adulteration of antifreeze.—Antifreeze shall be deemed to be adulterated:
(1) If, in the form in which it is sold and directed to be used, it would be ineffective in or injurious to the cooling system in which it is to be installed or if, when used in such cooling system, it would make the operation of the engine dangerous to the user.
(2) If its strength, quality, or purity falls below the standard of strength, quality, or purity under which it is sold or offered for sale.
History.—s. 5, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.916 - Mislabeling of antifreeze.

501.916 Mislabeling of antifreeze.—Antifreeze shall be deemed to be mislabeled:
(1) If it does not bear a label that specifies:
(a) The brand of the product.
(b) The identity of the product.
(c) The name and address of the manufacturer, packager, distributor, or registrant.
(d) The net quantity of contents (in terms of liquid measure) separately and accurately in a uniform location upon the principal display panel.
(e) A statement warning of any hazard of substantial injury to human beings which may result from the intended use or reasonably foreseeable misuse of the antifreeze.
(f) The primary chemical component functioning as the antifreeze agent.
(g) The appropriate amount, percentage, proportion, or concentration of the antifreeze to be used to provide claimed protection from freezing at a specified degree or degrees of temperature, claimed protection from corrosion, or claimed increase of boiling point or protection from overheating.
(2) If its labeling contains any claim that it has been approved or recommended by the department.
(3) If its labeling is false, deceptive, or misleading.
History.—s. 6, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429; s. 1, ch. 93-142; s. 2, ch. 99-391.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.917 - Inspection by department; sampling and analysis.

501.917 Inspection by department; sampling and analysis.—The department has the right to have access at reasonable hours to all places and property where antifreeze is stored, distributed, or offered or intended to be offered for sale, including the right to inspect and examine all antifreeze and to take reasonable samples of antifreeze for analysis together with specimens of labeling. Collected samples must be analyzed by the department. The certificate of analysis by the department shall be prima facie evidence of the facts stated therein in any legal proceeding in this state.
History.—s. 7, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429; s. 63, ch. 92-291; s. 13, ch. 2018-84.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.918 - Prohibited activity.

501.918 Prohibited activity.—It is unlawful for any person to:
(1) Distribute any antifreeze which has not been registered in accordance with s. 501.913 or whose labeling is different from that accepted for registration. However, if the registration of an antifreeze which was registered in the immediately preceding registration period is not renewed, then any unsold inventory of that antifreeze which exists at the wholesale level or retail level shall be disposed of within 90 days by methods approved by rule of the department.
(2) Distribute any antifreeze which is adulterated, fails to meet minimum standards, or is mislabeled.
(3) Refuse to permit entry or inspection or to permit the acquisition of a sample of the antifreeze as authorized by s. 501.917.
(4) Dispose of any antifreeze which is under a stop-sale order in accordance with s. 501.919.
(5) Distribute any antifreeze unless it is in the registrant’s unbroken package, or is installed by the seller in the cooling system of the purchaser’s vehicle directly from the registrant’s package and the label on such package is less than 5 gallons, or the labeling of such package, if 5 gallons or more, does not bear the information required by s. 501.916. However, the department may by rule establish labeling and other reasonable requirements for the sale of a properly registered antifreeze from a bulk container into a container supplied by or for the purchaser.
(6) Refill any container bearing a registered label, other than a customer’s container, without first obtaining permission from the registrant.
(7) Refuse, when requested, to permit a purchaser to see the container from which antifreeze is drawn for installation into the purchaser’s vehicle.
(8) Distribute any antifreeze for which a practical, rapid means for measuring the freeze protection by the user is not readily available, whether by hydrometer or other means.
(9) Disseminate any false or misleading advertisement relating to an antifreeze product.
History.—s. 8, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429; s. 64, ch. 92-291; s. 2, ch. 93-142.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.919 - Enforcement; stop-sale order.

501.919 Enforcement; stop-sale order.—
(1) When the department finds any lot of antifreeze being distributed in violation of ss. 501.91-501.923 or any of the rules duly promulgated thereunder, the department shall issue and enforce a written “stop-sale” order. The stop-sale order shall warn the distributor not to dispose of any of that lot of antifreeze in any manner until written permission is given by the department. Copies of stop-sale orders shall also be sent to the registrant. The department shall release for distribution the lot of antifreeze under a stop-sale order when s. 501.918 and applicable rules have been complied with. If compliance is not obtained within 30 days, the department may begin proceedings for confiscation.
(2) Any lot of antifreeze not in compliance with said provisions and rules shall be subject to confiscation upon complaint of the department, or any of its agents, to the circuit court in the county in which said antifreeze is located. In the event the court finds the antifreeze to be in violation of this act, it may then order the condemnation of the antifreeze, and the same shall be disposed of in any manner consistent with the rules of the department and the laws of the state.
(3) Nothing in this act shall be construed to require the department to report for prosecution or for institution of libel proceedings any minor violations of the act whenever it believes that the public interest will be best served by a suitable notice of warning in writing to the violator.
History.—s. 9, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429; s. 65, ch. 92-291; s. 3, ch. 99-391.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.92 - Formula may be required.

501.92 Formula may be required.—The department may, if required for the analysis of antifreeze by the department, require the applicant to furnish a statement of the formula of such antifreeze, unless the applicant can furnish other satisfactory evidence that such antifreeze is not adulterated or misbranded. Such statement need not include inhibitor or other minor ingredients which total less than 5 percent by weight of the antifreeze; and, if over 5 percent, the composition of the inhibitor and such other ingredients may be given in generic terms.
History.—s. 10, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429; s. 14, ch. 2018-84.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.921 - Standards.

501.921 Standards.—The department’s rules for standards, definitions, and test procedures for antifreeze may encompass those specified by ASTM International. The department may adopt any other specification it considers appropriate to protect consumers from questionable formulations of antifreeze.
History.—s. 11, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429; s. 3, ch. 93-142; s. 4, ch. 2007-232.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.922 - Violation.

501.922 Violation.—
(1) The department may enter an order imposing one or more of the following penalties against any person who violates ss. 501.91-501.923 or who impedes, obstructs, or hinders the department in performing its duties under those sections:
(a) Imposition of an administrative fine in the Class II category pursuant to s. 570.971 for each violation.
(b) Revocation or suspension of any registration issued by the department. Any period of suspension may not exceed 1 year.
(2) If a registrant in violation of ss. 501.91-501.923 fails to pay a fine within 30 days after imposition of the fine, the department may suspend all registrations issued to the registrant by the department until the fine is paid.
(3) All fines collected by the department shall be deposited in the General Inspection Trust Fund.
History.—s. 12, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429; s. 66, ch. 92-291; s. 643, ch. 97-103; s. 4, ch. 99-391; s. 44, ch. 2014-150.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.923 - Injunctive relief.

501.923 Injunctive relief.—In addition to the remedies provided in this act, and notwithstanding the existence of any adequate remedy at law, the department is hereby authorized to make application for injunction to a circuit court. Such circuit court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction, to be issued without bond, restraining any person from violating or continuing to violate any of the provisions of this act or from failing or refusing to comply with the requirements of this act or any rule duly promulgated under the provisions of this act.
History.—s. 13, ch. 78-199; s. 2, ch. 81-318; ss. 4, 5, ch. 89-4; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.937 - Industrial hygienists and safety professionals; use of professional titles; failure to comply.

501.937 Industrial hygienists and safety professionals; use of professional titles; failure to comply.—
(1) Any person representing himself or herself as a “safety professional” or “industrial hygienist” must accurately disclose his or her credentials.
(2) A person may not represent himself or herself as a “certified safety professional,” “associate safety professional,” “certified occupational health and safety technologist,” “industrial hygienist in training,” or “certified industrial hygienist” unless he or she holds a current valid certificate in the field of safety or industrial hygiene from either the American Board of Industrial Hygiene or the Board of Certified Safety Professionals, or unless the Department of Business and Professional Regulation has, upon request, examined another certification program and has formally concluded that the certification standards of that certification program are substantially equivalent to the standards for certificates issued by those organizations; nor may the person mislead or deceive anyone by the unauthorized use of any certification mark that has been awarded by the United States Patent and Trademark Office.
(3)(a) A “safety professional” is a person having a baccalaureate degree in safety, engineering, chemistry, physics, or a closely related physical or biological science who has acquired competency in the field of safety. The studies and training necessary to acquire such competency should have been sufficient in all of the above cognate sciences to provide the abilities to anticipate, identify, and evaluate hazardous conditions and practices; to develop hazard control designs, methods, procedures, and programs; to implement, administer, and advise others on hazard controls and hazard control programs; and to measure, audit, and evaluate the effectiveness of hazard controls and hazard control programs.
(b) An “industrial hygienist” is a person having a baccalaureate degree in engineering, chemistry, physics, or a closely related physical or biological science who has acquired competency in the field of industrial hygiene. The studies and training necessary to acquire such competency should have been sufficient in all of the above cognate sciences to provide the abilities to anticipate and recognize the environmental factors and stresses associated with work and work operations and to understand their effects on people and their well-being; to evaluate, on the basis of training and experience and with the aid of quantitative measurement techniques, the magnitude of these factors and stresses in terms of ability to impair human health and well-being; and to prescribe methods to eliminate, control, or reduce such factors and stresses when necessary to alleviate their effects.
(4) Failure to comply with this section constitutes a deceptive and unfair trade practice.
History.—s. 51, ch. 98-419.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.97 - Deceptive trade practices; print advertisement; penalties.

501.97 Deceptive trade practices; print advertisement; penalties.—
(1) A person may not misrepresent the geographic location of the supplier of a service or product by listing a fictitious business name or an assumed business name in print advertisement if:
(a) The name and overall context of the advertisement misrepresent that the supplier maintains an established place of business within the state when in fact the supplier has no such business in the state; and
(b) Calls to the local telephone number are routinely forwarded or otherwise transferred to a business location that is outside the State of Florida.
For purposes of this section, a newspaper publisher, magazine or other publication, telephone directory or directory assistance service or its officer or agent, or the owner or operator of a radio or television station, or any other owner or operator of a medium primarily devoted to advertising who publishes, broadcasts, or otherwise disseminates an advertisement in good faith without actual knowledge of its false, deceptive, or misleading character is immune from liability for publishing the listing of a fictitious business name or assumed business name of a supplier unless the advertiser is the same person as the supplier of services or products who has committed the act prohibited by this section. This section applies to all advertisements published after the effective date of this act.
(2) A violation of this section is a deceptive and unfair trade practice and constitutes a violation of part II of this chapter. A person who violates this section commits a deceptive and unfair trade practice, punishable by the penalties provided under part II of this chapter, and is subject to the enforcement of remedies for the violation as provided in part II of this chapter.
(3) This section is supplemental to those provisions of state or federal criminal or civil law which impose prohibitions or provide penalties, sanctions, or remedies against the same conduct prohibited by this section. Nothing in this section may be construed as barring any cause of action which would otherwise be available, as precluding any action that would otherwise be available, or as precluding the imposition of penalties or sanctions or the pursuit of remedies otherwise provided for by law, except that this section may not be construed to permit duplicate enforcement of penalties, sanctions, and remedies provided for under part II of this chapter. Furthermore, the provisions of this section may not be construed to preclude the applicability of any other provision of law which now applies, or may in the future apply, to prohibit, penalize, or impose sanctions or remedies for any conduct that violates this section.
History.—s. 1, ch. 99-232.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.971 - Fictitious Name Act not abrogated.

501.971 Fictitious Name Act not abrogated.—This act is not intended to abrogate or modify the Fictitious Name Act, s. 865.09. Any person who acts in accordance with the requirements of s. 865.09 is not in violation of s. 501.97, as created by this act, without actual misrepresentation as contemplated under this chapter.
History.—s. 2, ch. 99-232.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.972 - Actions based upon use of a creation that is not protected under federal copyright law.

501.972 Actions based upon use of a creation that is not protected under federal copyright law.—
(1) Except as provided in subsection (2), the use of an idea, procedure, process, system, method of operation, concept, principle, discovery, thought, or other creation that is not a work of authorship protected under federal copyright law does not give rise to a claim or cause of action, in law or in equity, unless the parties to the claim or cause of action have executed a writing sufficient to indicate that a contract has been made between them governing such use.
(2) Subsection (1) does not affect or limit:
(a) Any cause of action based in copyright, trademark, patent, or trade secret; or
(b) Any defense raised in connection with a cause of action described in paragraph (a).
History.—s. 4, ch. 2006-196.
2023 Florida Statutes › Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations › Chapter 501 - Consumer Protection › Part VI - Miscellaneous Provisions (Ss. 501.91-501.974) › 501.973 - Chambers of commerce.

501.973 Chambers of commerce.—
(1) For the purposes of this section:
(a) “Business entity” means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in this state.
(b) “Chamber of commerce” means a voluntary membership, dues-paying organization of business and professional persons dedicated, as stated in the articles of incorporation or bylaws of the organization, to improving the economic climate and business development of the community, area, or region in which the organization is located and which:
1. Operates as an approved not-for-profit corporation under chapter 617 and as a corporation or association qualified for tax-exempt status under s. 501(c)(3) or s. 501(c)(6) of the Internal Revenue Code of 1986, as amended.
2. Files any required corporation annual reports with the Secretary of State and, if applicable, required annual information returns with the United States Internal Revenue Service.
3. Is governed by a volunteer board of directors of at least seven members who are elected from among the membership of the organization and who serve without compensation.
(2) A business entity, other than a chamber of commerce, shall not use the term “chamber of commerce” in its name or to describe itself, except for binational chambers of commerce recognized by the Office of International Affairs of the Department of State or chambers of commerce in existence on or before October 1, 1992. Any business entity which violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) This section imposes no requirement for oversight or regulation of a business entity name, trademark, trade name, or other requirement for filing or registration under any provision of law.
(4) Subject to the provisions of s. 495.151, a chamber of commerce may sue any business entity that is not a chamber of commerce as defined in this section to enjoin such entity from using the term “chamber of commerce” in its name or to describe itself as a chamber of commerce in any business or commerce.
History.—s. 5, ch. 2007-232.