Bill Text: FL S0148 | 2016 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Consumer Protection

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2016-03-11 - Died on Calendar [S0148 Detail]

Download: Florida-2016-S0148-Comm_Sub.html

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       Florida Senate - 2016                              CS for SB 148
       
       
        
       By the Committee on Commerce and Tourism; and Senator Ring
       
       
       
       
       
       577-00705-16                                           2016148c1
    1                        A bill to be entitled                      
    2         An act relating to consumer protection; providing a
    3         short title; amending s. 501.142, F.S.; requiring
    4         retail sales establishments that sell goods to the
    5         public to grant a refund within a specified time for
    6         goods costing more than a specified amount if returned
    7         by a consumer who has been adjudicated incapacitated,
    8         is subject to a certain type of guardianship, or has a
    9         certain medical condition, if specified requirements
   10         are satisfied; providing penalties for a violation of
   11         the requirements; making technical changes; amending
   12         s. 501.95, F.S.; conforming a cross-reference;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. This act may be cited as “Terry’s Law.”
   18         Section 2. Section 501.142, Florida Statutes, is amended to
   19  read:
   20         501.142 Retail sales establishments; preemption; notice of
   21  refund policy requirements; exceptions; penalty.—
   22         (1) The regulation of refunds is preempted to the
   23  Department of Agriculture and Consumer Services notwithstanding
   24  any other law or local ordinance to the contrary, provided that
   25  a local government may enforce this section as specified in
   26  subsection (8).
   27         (2) Notwithstanding the Uniform Commercial Code, each every
   28  retail sales establishment offering goods for sale to the
   29  general public shall grant a cash refund or credit refund to a
   30  consumer for goods returned within 3 business days after the
   31  date of purchase if all of the following conditions are met:
   32         (a) The purchase exceeds $1,000, excluding tax.
   33         (b) The goods are unused and in the original carton, if a
   34  carton was furnished.
   35         (c) The consumer, or a representative of the consumer,
   36  provides the retailer with proof of purchase and documentation
   37  establishing that:
   38         1. The consumer has been adjudicated incapacitated pursuant
   39  to chapter 744 or under similar law in another state;
   40         2. The consumer is subject to a guardianship pursuant to
   41  chapter 744 or similar law in another state, and the guardian
   42  has the authority to determine the consumer’s right to manage
   43  property; or
   44         3. A power of attorney or a durable power of attorney
   45  pursuant to chapter 709 or similar law in another state is
   46  currently exercisable by the consumer’s agent, and the consumer
   47  has been diagnosed with a medical condition that causes him or
   48  her to lack sufficient understanding or capacity to make or
   49  communicate reasonable decisions concerning his or her person or
   50  property, which is evidenced by a written statement signed by a
   51  physician licensed pursuant to chapter 458 or chapter 459 or
   52  licensed to practice medicine under the laws of another state.
   53         (3)(a) Except as provided in subsection (2), a retail sales
   54  establishment offering goods for sale to the general public may
   55  refuse to offer a that offers no cash refund, credit refund, or
   56  exchange for the purchase if the retailer posts of merchandise
   57  must post a sign at the point of sale so stating that refunds or
   58  exchanges are not allowed at the point of sale. Failure of a
   59  retail sales establishment to exhibit a “no refund or exchange”
   60  sign at the point of sale under such circumstances means at the
   61  point of sale shall mean that a refund or exchange policy
   62  exists, and the policy must shall be presented in writing to the
   63  consumer upon request.
   64         (b) A Any retail sales establishment that violates this
   65  subsection failing to comply with the provisions of this section
   66  shall grant to the consumer, upon request and proof of purchase,
   67  a refund for the purchase on the merchandise, within 7 business
   68  days after of the date of purchase if, provided the goods are
   69  merchandise is unused and in the original carton, if one was
   70  furnished. This section does not Nothing herein shall prohibit a
   71  retail sales establishment from having a refund policy that
   72  which exceeds 7 business the number of days and specified
   73  herein. However, this subsection does not prohibit a local
   74  government from enforcing the provisions established by this
   75  section.
   76         (4)(2) The provisions of This section does shall not apply
   77  to the sale of food, perishable goods, goods that which are
   78  custom made, goods that which are custom altered at the request
   79  of the customer, or goods that which cannot be resold by the
   80  merchant because of any law, rule, or regulation adopted by a
   81  governmental body.
   82         (5)(3) If the department finds that a person has violated
   83  or is operating in violation of:
   84         (a) Subsection (2), the department shall enter an order
   85  that imposes an administrative fine in the amount of twice the
   86  value of the goods, excluding tax, which the person refused to
   87  refund.
   88         (b) Subsection (3) or an order issued under this section,
   89  the department may enter an order that imposes doing one or more
   90  of the following if the department finds that a person has
   91  violated or is operating in violation of any of the provisions
   92  of this section or the orders issued under this section:
   93         1.(a) Impose An administrative fine not to exceed $100 for
   94  each violation.
   95         2.(b) A directive to Direct the person to cease and desist
   96  specified activities.
   97         (6)(4) An The administrative proceeding proceedings that
   98  may could result in the entry of an order imposing any of the
   99  penalties specified in subsection (5) is (3) are governed by
  100  chapter 120.
  101         (7)(5) Any Moneys recovered by the department of
  102  Agriculture and Consumer Services as a penalty under this
  103  section shall be deposited in the General Inspection Trust Fund.
  104         (8)(6) Upon the first violation of this section, a local
  105  government may issue a written warning. Upon a second or and any
  106  subsequent violation, a local government may impose a fine of up
  107  to $50 per violation. Any Moneys recovered by the local
  108  government as a penalty under this section shall be deposited in
  109  the appropriate local account.
  110         Section 3. Paragraph (c) of subsection (2) of section
  111  501.95, Florida Statutes, is amended to read:
  112         501.95 Gift certificates and credit memos.—
  113         (2)
  114         (c) Enforcement of this section shall be as provided in s.
  115  501.142(5)(b), (6), and (7) s. 501.142(3), (4), and (5) for
  116  violations of this section.
  117         Section 4. This act shall take effect July 1, 2016.