SENATE 3rd Reading Unamended May 9, 2011 SENATE 2nd Reading Unamended May 6, 2011First Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 11-1065.01 Duane Gall SENATE BILL 11-271 SENATE SPONSORSHIP Shaffer B., HOUSE SPONSORSHIP Pace, Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning the prohibition of deceptive trade practices in the solicitation of orders for retail florist services. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill makes it a deceptive trade practice to solicit retail orders for florist services without disclosing relevant information including the amount of any fee or surcharge added by the person soliciting the order and the true name, physical address, and local telephone number of the florist who will fill the order. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 6-1-105 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 6-1-105. Deceptive trade practices. (1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person: (ddd) Violates any provision of section 6-1-723. SECTION 2. Part 7 of article 1 of title 6, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 6-1-723. Florist services - intermediaries - deceptive trade practices. (1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person gathers, solicits, aggregates, or relays customer orders for florist services by means of a web site or any other method and: (a) Fails to disclose to each customer: (I) The person's true name, physical location, and local telephone number; and (II) The true name, physical location, and local telephone number of the florist who will fill the customer's order; (b) Charges the customer any fee or surcharge that is not clearly disclosed, in advance, to both the customer and the florist who will fill the customer's order; or (c) Fails to relay the customer's order immediately to the florist who will fill the customer's order. SECTION 3. Effective date - applicability. This act shall take effect upon passage and shall apply to acts committed on or after said date. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.