SB44-SSA1-SA45,1,10
415.13 Department of agriculture, trade and consumer protection;
5creation. There is created a department of agriculture, trade and consumer
6protection under the direction and supervision of the board of agriculture, trade and
7consumer protection. The board shall consist of
7
9 members with an agricultural
8background
and 2 members who are consumer representatives, appointed for
9staggered 6-year terms. Appointments to the board shall be made without regard
10to party affiliation, residence or interest in any special organized group.
SB44-SSA1-SA45,2,4
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-SSA1-SA45,2,13
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-SSA1-SA45,2,19
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-SSA1-SA45,3,2
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-SSA1-SA45,3,12
79. Page 213, line 14: increase the dollar amount for fiscal year 2003-04 by
8$1,563,800 and increase the dollar amount for fiscal year 2004-05 by $1,463,800 to
9reflect the transfer of certain consumer information programs, functions, and
10enforcement activities to the department of justice and to increase the authorized
11FTE positions of the department of justice by 26.0 GPR positions related to
12transferred programs, functions, and activities.
SB44-SSA1-SA45,4,217
20.115
(1) (hm)
Ozone-depleting refrigerants and products regulation. The
18amounts in the schedule for administration of the mobile air conditioner servicing
19and refrigerant recycling programs and for responsibilities under
ss. s. 100.45
and
20100.50 relating to sales and labeling of products containing or made with
1ozone-depleting substances. All moneys received from fees under s. 100.45 (5) (a)
23. and (5m) shall be credited to this appropriation.".
SB44-SSA1-SA45,4,7
7"
Section 555g. 20.455 (1) (title) of the statutes is amended to read:
SB44-SSA1-SA45,4,88
20.455
(1) (title)
Legal and regulatory services.
SB44-SSA1-SA45,4,1310
20.455
(1) (g)
Consumer protection, information, and education. The amounts
11in the schedule for consumer protection and consumer information and education.
12All moneys received under s. 100.261 (3) (d) shall be credited to this appropriation
13account, subject to the limit under s. 100.261 (3) (e).
SB44-SSA1-SA45,4,1815
20.455
(1) (j)
Telephone solicitation regulation. All moneys received from
16telephone solicitor registration and registration renewal fees paid under the rules
17promulgated under s. 100.52 (3) (a) for establishing and maintaining the
18nonsolicitation directory under s. 100.52 (2).".
SB44-SSA1-SA45,5,221
93.07
(1) Regulations. To make and enforce such regulations, not inconsistent
22with law, as it may deem necessary for the exercise and discharge of all
of the powers
23and duties of the department, and to adopt such measures and make such
24regulations as are necessary and proper for the
enforcement by the state of
1department to carry out its duties and powers under chs. 93 to 100
, which regulations
2shall have the force of law.
SB44-SSA1-SA45,5,64
93.07
(23) Consumer protection administration. To administer ss. 100.01 to
5100.14, 100.183 to 100.19, 100.201, 100.202, 100.206, 100.21 to 100.24, 100.265,
6100.27, 100.285 to 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51.
SB44-SSA1-SA45,5,108
93.07
(24) Enforcement of laws. To enforce
or assist in the enforcement of chs.
988 and 93 to
99, those laws under ch. 100
administered by the department, and all
10other laws entrusted to its administration, and especially:
SB44-SSA1-SA45,5,1311
(a) To enforce the laws
administered by the department regarding the
12production, manufacture and sale, offering or exposing for sale or having in
13possession with intent to sell, of any dairy, food or drug product.
SB44-SSA1-SA45,5,1514
(b) To enforce the laws
administered by the department regarding the
15adulteration or misbranding of any articles of food, drink, condiment or drug.
SB44-SSA1-SA45,5,2016
(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article
17of food, drink, condiment or drug made or offered for sale within this state which it
18may suspect or have reason to believe
, under the laws administered by the
19department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or
20in any way unlawful.
SB44-SSA1-SA45,5,2521
(d) To prosecute or cause to be prosecuted
, under the laws administered by the
22department, any person engaged in the manufacture or sale, offering or exposing for
23sale or having in possession with intent to sell, of any adulterated dairy product or
24of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles
25of food, drink, condiment or drug.
SB44-SSA1-SA45,6,132
93.18
(3) The department
of justice, after acting pursuant to s. 100.37 or 100.41
3to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric,
4product or related material ceased, shall give written notice of its finding to the
5manufacturer, seller or other person responsible for placing the item in the channels
6of trade in this state. After such notice no person may sell, remove or otherwise
7dispose of such item except as directed by the department
of justice. Any person
8affected by such notice may demand a prompt hearing to determine the validity of
9the
department's findings
of the department of justice. The hearing, if requested,
10shall be held as expeditiously as possible but not later than 30 days after notice. A
11request for hearing does not operate to stay enforcement of the order during the
12pendency of the hearing. The person petitioning for a hearing shall be entitled to the
13same rights specified under sub. (2).
SB44-SSA1-SA45,6,1715
93.18
(7) The department of justice shall follow the procedures under subs. (1),
16(2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the
17department of justice.
SB44-SSA1-SA45,6,2219
93.20
(1) Definition. In this section, "action" means an action that is
20commenced in court by, or on behalf of, the department of agriculture, trade and
21consumer protection to enforce chs. 88, 91 to 100 or 126
or an action that is
22commenced in court by the department of justice to enforce ch. 100.
SB44-SSA1-SA45,6,2524
93.22
(1) In cases arising under chs. 88 and 93 to
100 99 and ss. 100.206, 100.21,
25100.30, and 100.51, the department may be represented by its attorney.
SB44-SSA1-SA45,7,52
93.22
(2) The department may, with the approval of the governor, appoint
3special counsel to prosecute or assist in the prosecution of any case arising under chs.
488 and 93 to
100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such
5special counsel shall be charged to the appropriation for the department.".
SB44-SSA1-SA45,7,118
100.07
(6) Action Upon request of the department of agriculture, trade, and
9rural resources, an action to enjoin violation of this section may be commenced and
10prosecuted by the department
of justice in the name of the state in any court having
11equity jurisdiction.
SB44-SSA1-SA45,7,1714
100.171
(7) (b) Whoever intentionally violates this section is guilty of a Class
15I felony. A person intentionally violates this section if the violation occurs after the
16department
of justice or a district attorney has notified the person by certified mail
17that the person is in violation of this section.
SB44-SSA1-SA45,7,2119
100.171
(8) Enforcement. (intro.) The department
of justice shall investigate
20violations of this section. The department
of justice or any district attorney may on
21behalf of the state:
SB44-SSA1-SA45,8,3
1100.173
(4) (intro.) The department
of justice shall investigate violations of this
2section. The department
of justice, or any district attorney upon informing the
3department
of justice, may, on behalf of the state, do any of the following:
SB44-SSA1-SA45,8,115
100.173
(4) (a) Bring an action for temporary or permanent injunctive relief in
6any court of competent jurisdiction for any violation of this section. The relief sought
7by the department
of justice or district attorney may include the payment by a
8promoter into an escrow account of an amount estimated to be sufficient to pay for
9ticket refunds. The court may, upon entry of final judgment, award restitution when
10appropriate to any person suffering loss because of violations of this section if proof
11of such loss is submitted to the satisfaction of the court.
SB44-SSA1-SA45,8,1413
100.174
(5) (intro.) The department
of justice or any district attorney may on
14behalf of the state:
SB44-SSA1-SA45,8,1716
100.174
(6) The department
of justice shall investigate violations of and
17enforce this section.
SB44-SSA1-SA45,8,2419
100.175
(5) (a) (intro.) No person may collect or by contract require a buyer to
20pay more than $100 for dating services before the buyer receives or has the
21opportunity to receive those services unless the person selling dating services
22establishes proof of financial responsibility by maintaining any of the following
23commitments approved by the department
of justice in an amount not less than
24$25,000:
SB44-SSA1-SA45,9,6
1100.175
(5) (b) The commitment described in par. (a) shall be established in
2favor of or made payable to the state, for the benefit of any buyer who does not receive
3a refund under the contractual provision described in sub. (3). The person selling
4dating services shall file with the department
of justice any agreement, instrument
5or other document necessary to enforce the commitment against the person selling
6dating services or any relevant 3rd party, or both.
SB44-SSA1-SA45,9,98
100.175
(7) (a) (intro.) The department
of justice or any district attorney may
9on behalf of the state:
SB44-SSA1-SA45,9,1411
100.175
(7) (b) The department
of justice may bring an action in circuit court
12to recover on a financial commitment maintained under sub. (5) against a person
13selling dating services or relevant 3rd party, or both, on behalf of any buyer who does
14not receive a refund due under the contractual provision described in sub. (3).
SB44-SSA1-SA45,9,1716
100.177
(1) (bm) Notwithstanding s. 93.01 (3), "department" means the
17department of justice.
SB44-SSA1-SA45,9,2019
100.178
(1) (b) Notwithstanding s. 93.01 (3), "department" means the
20department of
health and family services justice.
SB44-SSA1-SA45,9,2422
100.18
(11) (a) The department of
agriculture, trade and consumer protection 23justice shall enforce this section. Actions to enjoin violation of this section or any
24regulations thereunder may be commenced and prosecuted by the department
of
1justice in the name of the state in any court having equity jurisdiction. This remedy
2is not exclusive.
SB44-SSA1-SA45,10,84
100.18
(11) (b) 3. No action may be commenced under this section more than
53 years after the occurrence of the unlawful act or practice which is the subject of the
6action. No injunction may be issued under this section which would conflict with
7general or special orders of the department
of justice or any statute, rule or
8regulation of the United States or of this state.
SB44-SSA1-SA45,10,1810
100.18
(11) (c) 1. Whenever the department
of justice has reason to believe that
11a person is in possession, custody or control of any information or documentary
12material relevant to the enforcement of this section it may require that person to
13submit a statement or report, under oath or otherwise, as to the facts and
14circumstances concerning any activity in the course of trade or commerce; examine
15under oath that person with respect to any activity in the course of trade or
16commerce; and execute in writing and cause to be served upon such person a civil
17investigative demand requiring the person to produce any relevant documentary
18material for inspection and copying.
SB44-SSA1-SA45,10,2220
100.18
(11) (c) 2. The department
of justice, in exercising powers under this
21subsection, may issue subpoenas, administer oaths and conduct hearings to aid in
22any investigation.
SB44-SSA1-SA45,11,224
100.18
(11) (c) 3. Service of any notice by the department
of justice requiring
25a person to file a statement or report, or service of a subpoena upon a person, or
1service of a civil investigative demand shall be made in compliance with the rules of
2civil procedure of this state.
SB44-SSA1-SA45,11,84
100.18
(11) (c) 4. If a person fails to file any statement or report, or fails to
5comply with any civil investigative demand, or fails to obey any subpoena issued by
6the department
of justice, such person may be coerced as provided in s. 885.12, except
7that no person shall be required to furnish any testimony or evidence under this
8subsection which might tend to incriminate the person.
SB44-SSA1-SA45,11,2010
100.18
(11) (d) The
department or the department of justice
, after consulting
11with the department, or any district attorney, upon informing the department
of
12justice, may commence an action in circuit court in the name of the state to restrain
13by temporary or permanent injunction any violation of this section. The court may
14in its discretion, prior to entry of final judgment, make such orders or judgments as
15may be necessary to restore to any person any pecuniary loss suffered because of the
16acts or practices involved in the action, provided proof thereof is submitted to the
17satisfaction of the court. The
department and the department of justice may
18subpoena persons and require the production of books and other documents
, and t
he
19department of justice may request the department to exercise its authority under
20par. (c) to aid in the investigation of alleged violations of this section.
