Last Updated:
March 10, 2010
Florida Real Estate
CAR POSITION STATEMENT
ID Theft Disposal of Records Bill Dies in Committee HB 1056 by Rep. Jerry Frangas (D-Denver) and Sen. Morgan Carroll (D-Aurora) sought to require every public and private entity in the state that uses paper or electronic documents or records during the course of business that contain personal identifying information to destroy those documents or records prior to disposing of them.
Each entity that did not dispose of documents and records in the prescribed manner set forth by the law would have been subject up to a $500 fine per document or record.
Although it was a well intentioned effort to address consumer protection, HB 1056 would have opened the door to a host of liability issues for businesses, including REALTORS®, as well as commercial property owners.
CAR believes it is of the utmost importance to maintain prudent business practices, but expressed concern over a lack of clarity in the bill, especially given the severity of the proposed penalties. The bill died on Thursday in the House Judiciary Committee.
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