SB44-AA27,2,4
115.137
(1) (a) (intro.) There is created in the department of agriculture, trade
2and consumer protection an agricultural producer security council consisting of the
3following members appointed by the secretary of agriculture
, trade, and rural
4resources for 3-year terms:".
SB44-AA27,2,13
73. Page 97, line 11: decrease the dollar amount for fiscal year 2003-04 by
8$1,445,400 and decrease the dollar amount for fiscal year 2004-05 by $1,445,400 to
9reflect the transfer of certain consumer information programs, functions, and
10enforcement activities to the department of justice and to decrease the authorized
11FTE positions of the department of agriculture, trade and rural resources by 26.35
12GPR positions related to the transferred programs, functions, and activities, and
13adjust the NET APPROPRIATION totals accordingly.
SB44-AA27,2,19
144. Page 97, line 20: decrease the dollar amount for fiscal year 2003-04 by
15$21,000 and decrease the dollar amount for fiscal year 2004-05 by $21,000 to reflect
16the transfer of certain consumer information programs, functions, and enforcement
17activities to the department of justice and to decrease the authorized FTE positions
18of the department of agriculture, trade and rural resources by 0.20 PR position
19related to the transferred programs, functions, and activities.
SB44-AA27,3,2
205. Page 97, line 22: decrease the dollar amount for fiscal year 2003-04 by
21$31,100 and decrease the dollar amount for fiscal year 2004-05 by $31,100 to reflect
22the transfer of certain consumer information programs, functions, and enforcement
23activities to the department of justice and to decrease the authorized FTE positions
1of the department of agriculture, trade and rural resources by 0.30 PR position
2related to the transferred programs, functions, and activities.
SB44-AA27,3,8
58. Page 195, line 13: increase the dollar amount for fiscal year 2003-04 by
6$561,400 and increase the dollar amount for fiscal year 2004-05 by $542,400 to
7increase funding for the personal needs allowance under section 49.45 (7) (a) of the
8statutes, as affected by this act.
SB44-AA27,3,16
1110. Page 213, line 14: increase the dollar amount for fiscal year 2003-04 by
12$1,563,800 and increase the dollar amount for fiscal year 2004-05 by $1,463,800 to
13reflect the transfer of certain consumer information programs, functions, and
14enforcement activities to the department of justice and to increase the authorized
15FTE positions of the department of justice by 26.0 GPR positions related to
16transferred programs, functions, and activities.
SB44-AA27,3,20
20"
Section 287q. 20.115 (1) (hm) of the statutes is amended to read:
SB44-AA27,4,6
120.115
(1) (hm)
Ozone-depleting refrigerants and products regulation. The
2amounts in the schedule for administration of the mobile air conditioner servicing
3and refrigerant recycling programs and for responsibilities under
ss. s. 100.45
and
4100.50 relating to sales and labeling of products containing or made with
5ozone-depleting substances. All moneys received from fees under s. 100.45 (5) (a)
63. and (5m) shall be credited to this appropriation.".
SB44-AA27,4,9
9"
Section 291m. 20.115 (8) (jm) of the statutes is repealed.".
SB44-AA27,4,11
11"
Section 555g. 20.455 (1) (title) of the statutes is amended to read:
SB44-AA27,4,1212
20.455
(1) (title)
Legal and regulatory services.
SB44-AA27,4,1714
20.455
(1) (g)
Consumer protection, information, and education. The amounts
15in the schedule for consumer protection and consumer information and education.
16All moneys received under s. 100.261 (3) (d) shall be credited to this appropriation
17account, subject to the limit under s. 100.261 (3) (e).
SB44-AA27,4,2219
20.455
(1) (j)
Telephone solicitation regulation. All moneys received from
20telephone solicitor registration and registration renewal fees paid under the rules
21promulgated under s. 100.52 (3) (a) for establishing and maintaining the
22nonsolicitation directory under s. 100.52 (2).".
SB44-AA27,4,24
24"
Section 1370m. 49.45 (7) (a) of the statutes is amended to read:
SB44-AA27,5,9
149.45
(7) (a) A recipient who is a patient in a public medical institution or an
2accommodated person and has a monthly income exceeding the payment rates
3established under
42 USC 1382 (e) may retain
$45
$50 unearned income or the
4amount of any pension paid under
38 USC 3203 (f) 38 USC 5503 (d), whichever is
5greater, per month for personal needs. Except as provided in s. 49.455 (4) (a), the
6recipient shall apply income in excess of
$45 $50 or the amount of any pension paid
7under
38 USC 3203 (f) 38 USC 5503 (d), whichever is greater, less any amount
8deducted under rules promulgated by the department, toward the cost of care in the
9facility.".
SB44-AA27,5,11
11"
Section 1735g. 93.07 (1) of the statutes is amended to read:
SB44-AA27,5,1712
93.07
(1) Regulations. To make and enforce such regulations, not inconsistent
13with law, as it may deem necessary for the exercise and discharge of all
of the powers
14and duties of the department, and to adopt such measures and make such
15regulations as are necessary and proper for the
enforcement by the state of
16department to carry out its duties and powers under chs. 93 to 100
, which regulations
17shall have the force of law.
SB44-AA27,5,2119
93.07
(23) Consumer protection administration. To administer ss. 100.01 to
20100.14, 100.183 to 100.19, 100.201, 100.202, 100.206, 100.21 to 100.24, 100.265,
21100.27, 100.285 to 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51.
SB44-AA27,6,3
193.07
(24) Enforcement of laws. To enforce
or assist in the enforcement of chs.
288 and 93 to
99, those laws under ch. 100
administered by the department, and all
3other laws entrusted to its administration, and especially:
SB44-AA27,6,64
(a) To enforce the laws
administered by the department regarding the
5production, manufacture and sale, offering or exposing for sale or having in
6possession with intent to sell, of any dairy, food or drug product.
SB44-AA27,6,87
(b) To enforce the laws
administered by the department regarding the
8adulteration or misbranding of any articles of food, drink, condiment or drug.
SB44-AA27,6,139
(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article
10of food, drink, condiment or drug made or offered for sale within this state which it
11may suspect or have reason to believe
, under the laws administered by the
12department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or
13in any way unlawful.
SB44-AA27,6,1814
(d) To prosecute or cause to be prosecuted
, under the laws administered by the
15department, any person engaged in the manufacture or sale, offering or exposing for
16sale or having in possession with intent to sell, of any adulterated dairy product or
17of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles
18of food, drink, condiment or drug.
SB44-AA27,7,620
93.18
(3) The department
of justice, after acting pursuant to s. 100.37 or 100.41
21to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric,
22product or related material ceased, shall give written notice of its finding to the
23manufacturer, seller or other person responsible for placing the item in the channels
24of trade in this state. After such notice no person may sell, remove or otherwise
25dispose of such item except as directed by the department
of justice. Any person
1affected by such notice may demand a prompt hearing to determine the validity of
2the
department's findings
of the department of justice. The hearing, if requested,
3shall be held as expeditiously as possible but not later than 30 days after notice. A
4request for hearing does not operate to stay enforcement of the order during the
5pendency of the hearing. The person petitioning for a hearing shall be entitled to the
6same rights specified under sub. (2).
SB44-AA27,7,108
93.18
(7) The department of justice shall follow the procedures under subs. (1),
9(2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the
10department of justice.
SB44-AA27,7,1512
93.20
(1) Definition. In this section, "action" means an action that is
13commenced in court by, or on behalf of, the department of agriculture, trade and
14consumer protection to enforce chs. 88, 91 to 100 or 126
or an action that is
15commenced in court by the department of justice to enforce ch. 100.
SB44-AA27,7,1817
93.22
(1) In cases arising under chs. 88 and 93 to
100 99 and ss. 100.206, 100.21,
18100.30, and 100.51, the department may be represented by its attorney.
SB44-AA27,7,2320
93.22
(2) The department may, with the approval of the governor, appoint
21special counsel to prosecute or assist in the prosecution of any case arising under chs.
2288 and 93 to
100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such
23special counsel shall be charged to the appropriation for the department.".
SB44-AA27,8,1
1"
Section 1760c. 100.07 (6) of the statutes is amended to read:
SB44-AA27,8,52
100.07
(6) Action Upon request of the department of agriculture, trade, and
3rural resources, an action to enjoin violation of this section may be commenced and
4prosecuted by the department
of justice in the name of the state in any court having
5equity jurisdiction.
SB44-AA27,8,118
100.171
(7) (b) Whoever intentionally violates this section is guilty of a Class
9I felony. A person intentionally violates this section if the violation occurs after the
10department
of justice or a district attorney has notified the person by certified mail
11that the person is in violation of this section.
SB44-AA27,8,1513
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
14violations of this section. The department
of justice or any district attorney may on
15behalf of the state:
SB44-AA27,8,1917
100.173
(4) (intro.) The department
of justice shall investigate violations of this
18section. The department
of justice, or any district attorney upon informing the
19department
of justice, may, on behalf of the state, do any of the following:
SB44-AA27,9,221
100.173
(4) (a) Bring an action for temporary or permanent injunctive relief in
22any court of competent jurisdiction for any violation of this section. The relief sought
23by the department
of justice or district attorney may include the payment by a
24promoter into an escrow account of an amount estimated to be sufficient to pay for
25ticket refunds. The court may, upon entry of final judgment, award restitution when
1appropriate to any person suffering loss because of violations of this section if proof
2of such loss is submitted to the satisfaction of the court.
SB44-AA27,9,54
100.174
(5) (intro.) The department
of justice or any district attorney may on
5behalf of the state:
SB44-AA27,9,87
100.174
(6) The department
of justice shall investigate violations of and
8enforce this section.
SB44-AA27, s. 1760j
9Section 1760j. 100.175 (5) (a) (intro.) of the statutes is amended to read:
SB44-AA27,9,1510
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
11pay more than $100 for dating services before the buyer receives or has the
12opportunity to receive those services unless the person selling dating services
13establishes proof of financial responsibility by maintaining any of the following
14commitments approved by the department
of justice in an amount not less than
15$25,000:
SB44-AA27,9,2217
100.175
(5) (b) The commitment described in par. (a) shall be established in
18favor of or made payable to the state, for the benefit of any buyer who does not receive
19a refund under the contractual provision described in sub. (3). The person selling
20dating services shall file with the department
of justice any agreement, instrument
21or other document necessary to enforce the commitment against the person selling
22dating services or any relevant 3rd party, or both.
SB44-AA27, s. 1760m
23Section 1760m. 100.175 (7) (a) (intro.) of the statutes is amended to read:
SB44-AA27,9,2524
100.175
(7) (a) (intro.) The department
of justice or any district attorney may
25on behalf of the state:
SB44-AA27,10,52
100.175
(7) (b) The department
of justice may bring an action in circuit court
3to recover on a financial commitment maintained under sub. (5) against a person
4selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
5not receive a refund due under the contractual provision described in sub. (3).
SB44-AA27,10,87
100.177
(1) (bm) Notwithstanding s. 93.01 (3), "department" means the
8department of justice.
SB44-AA27,10,1110
100.178
(1) (b) Notwithstanding s. 93.01 (3), "department" means the
11department of
health and family services justice.
SB44-AA27,10,1713
100.18
(11) (a) The department of
agriculture, trade and consumer protection 14justice shall enforce this section. Actions to enjoin violation of this section or any
15regulations thereunder may be commenced and prosecuted by the department
of
16justice in the name of the state in any court having equity jurisdiction. This remedy
17is not exclusive.
SB44-AA27,10,2319
100.18
(11) (b) 3. No action may be commenced under this section more than
203 years after the occurrence of the unlawful act or practice which is the subject of the
21action. No injunction may be issued under this section which would conflict with
22general or special orders of the department
of justice or any statute, rule or
23regulation of the United States or of this state.
SB44-AA27,11,9
1100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
2a person is in possession, custody or control of any information or documentary
3material relevant to the enforcement of this section it may require that person to
4submit a statement or report, under oath or otherwise, as to the facts and
5circumstances concerning any activity in the course of trade or commerce; examine
6under oath that person with respect to any activity in the course of trade or
7commerce; and execute in writing and cause to be served upon such person a civil
8investigative demand requiring the person to produce any relevant documentary
9material for inspection and copying.
SB44-AA27,11,1311
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
12subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
13any investigation.
SB44-AA27,11,1815
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
16a person to file a statement or report, or service of a subpoena upon a person, or
17service of a civil investigative demand shall be made in compliance with the rules of
18civil procedure of this state.
SB44-AA27,11,2420
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
21comply with any civil investigative demand, or fails to obey any subpoena issued by
22the department
of justice, such person may be coerced as provided in s. 885.12, except
23that no person shall be required to furnish any testimony or evidence under this
24subsection which might tend to incriminate the person.
SB44-AA27,12,11
1100.18
(11) (d) The
department or the department of justice
, after consulting
2with the department, or any district attorney, upon informing the department
of
3justice, may commence an action in circuit court in the name of the state to restrain
4by temporary or permanent injunction any violation of this section. The court may
5in its discretion, prior to entry of final judgment, make such orders or judgments as
6may be necessary to restore to any person any pecuniary loss suffered because of the
7acts or practices involved in the action, provided proof thereof is submitted to the
8satisfaction of the court. The
department and the department of justice may
9subpoena persons and require the production of books and other documents
, and t
he
10department of justice may request the department to exercise its authority under
11par. (c) to aid in the investigation of alleged violations of this section.