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

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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 CS for SB 148
       
       
        
       By the Committees on Fiscal Policy; and Commerce and Tourism;
       and Senator Ring
       
       594-02124-16                                           2016148c2
    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; providing an exemption; making
   12         technical changes; amending s. 501.95, F.S.;
   13         conforming a cross-reference; providing an effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. This act may be cited as “Terry’s Law.”
   19         Section 2. Section 501.142, Florida Statutes, is amended to
   20  read:
   21         501.142 Retail sales establishments; preemption; notice of
   22  refund policy requirements; exceptions; penalty.—
   23         (1) The regulation of refunds is preempted to the
   24  Department of Agriculture and Consumer Services notwithstanding
   25  any other law or local ordinance to the contrary, provided that
   26  a local government may enforce this section as specified in
   27  subsection (8).
   28         (2) Notwithstanding the Uniform Commercial Code, each every
   29  retail sales establishment offering goods for sale to the
   30  general public shall grant a cash refund or credit refund to a
   31  consumer for goods returned within 3 business days after the
   32  date of purchase if all of the following conditions are met:
   33         (a) The purchase exceeds $1,000, excluding tax.
   34         (b) The goods are unused and in the original carton, if a
   35  carton was furnished.
   36         (c) The consumer, or a representative of the consumer,
   37  provides the retailer with proof of purchase and documentation
   38  establishing that:
   39         1. The consumer has been adjudicated incapacitated pursuant
   40  to chapter 744 or under similar law in another state;
   41         2. The consumer is subject to a guardianship pursuant to
   42  chapter 744 or similar law in another state, and the guardian
   43  has the authority to determine the consumer’s right to manage
   44  property; or
   45         3. A power of attorney or a durable power of attorney
   46  pursuant to chapter 709 or similar law in another state is
   47  currently exercisable by the consumer’s agent, and the consumer
   48  has been diagnosed with a medical condition that causes him or
   49  her to lack sufficient understanding or capacity to make or
   50  communicate reasonable decisions concerning his or her person or
   51  property, which is evidenced by a written statement signed by a
   52  physician licensed pursuant to chapter 458 or chapter 459 or
   53  licensed to practice medicine under the laws of another state.
   54         (3)(a) Except as provided in subsection (2), a retail sales
   55  establishment offering goods for sale to the general public may
   56  refuse to offer a that offers no cash refund, credit refund, or
   57  exchange for the purchase if the retailer posts of merchandise
   58  must post a sign at the point of sale so stating that refunds or
   59  exchanges are not allowed at the point of sale. Failure of a
   60  retail sales establishment to exhibit a “no refund or exchange”
   61  sign at the point of sale under such circumstances means at the
   62  point of sale shall mean that a refund or exchange policy
   63  exists, and the policy must shall be presented in writing to the
   64  consumer upon request.
   65         (b) A Any retail sales establishment that violates this
   66  subsection failing to comply with the provisions of this section
   67  shall grant to the consumer, upon request and proof of purchase,
   68  a refund for the purchase on the merchandise, within 7 business
   69  days after of the date of purchase if, provided the goods are
   70  merchandise is unused and in the original carton, if one was
   71  furnished. This section does not Nothing herein shall prohibit a
   72  retail sales establishment from having a refund policy that
   73  which exceeds 7 business the number of days and specified
   74  herein. However, this subsection does not prohibit a local
   75  government from enforcing the provisions established by this
   76  section.
   77         (4)(2) The provisions of This section does shall not apply
   78  to the sale of food, perishable goods, goods that which are
   79  custom made, goods that which are custom altered at the request
   80  of the customer, or goods that which cannot be resold by the
   81  merchant because of any law, rule, or regulation adopted by a
   82  governmental body.
   83         (5)(3) If the department finds that a person has violated
   84  or is operating in violation of:
   85         (a) Subsection (2), the department shall enter an order
   86  that imposes an administrative fine in the amount of twice the
   87  value of the goods, excluding tax, which the person refused to
   88  refund.
   89         (b) Subsection (3) or an order issued under this section,
   90  the department may enter an order that imposes doing one or more
   91  of the following if the department finds that a person has
   92  violated or is operating in violation of any of the provisions
   93  of this section or the orders issued under this section:
   94         1.(a) Impose An administrative fine not to exceed $100 for
   95  each violation.
   96         2.(b) A directive to Direct the person to cease and desist
   97  specified activities.
   98         (6)(4) An The administrative proceeding proceedings that
   99  may could result in the entry of an order imposing any of the
  100  penalties specified in subsection (5) is (3) are governed by
  101  chapter 120.
  102         (7)(5) Any Moneys recovered by the department of
  103  Agriculture and Consumer Services as a penalty under this
  104  section shall be deposited in the General Inspection Trust Fund.
  105         (8)(6) Upon the first violation of this section, a local
  106  government may issue a written warning. Upon a second or and any
  107  subsequent violation, a local government may impose a fine of up
  108  to $50 per violation. Any Moneys recovered by the local
  109  government as a penalty under this section shall be deposited in
  110  the appropriate local account.
  111         (9) Retail sales regulated under part VI of this chapter
  112  are exempt from the provisions of this section.
  113         Section 3. Paragraph (c) of subsection (2) of section
  114  501.95, Florida Statutes, is amended to read:
  115         501.95 Gift certificates and credit memos.—
  116         (2)
  117         (c) Enforcement of this section shall be as provided in s.
  118  501.142(5)(b), (6), and (7) s. 501.142(3), (4), and (5) for
  119  violations of this section.
  120         Section 4. This act shall take effect July 1, 2016.