Bill Text: FL H0551 | 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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0551 Detail]

Download: Florida-2011-H0551-Introduced.html

---

HB 551

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

CODING: Words stricken are deletions; words underlined are additions.