Senate Bill sb1882c1

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    Florida Senate - 2002                           CS for SB 1882

    By the Committee on Transportation; and Senator Latvala





    306-2033-02

  1                      A bill to be entitled

  2         An act relating to the Motor Vehicle Warranty

  3         Enforcement Act; amending s. 681.103, F.S.;

  4         providing for consumer notification of the

  5         Pilot RV Mediation and Arbitration Program;

  6         amending s. 681.1096, F.S.; postponing

  7         expiration of the Pilot RV Mediation and

  8         Arbitration Program; amending 681.1097, F.S.;

  9         revising provisions relating to the screening

10         of claims; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsection (3) of section 681.103, Florida

15  Statutes, is amended to read:

16         681.103  Duty of manufacturer to conform a motor

17  vehicle to the warranty.--

18         (3)  At the time of acquisition, the manufacturer shall

19  inform the consumer clearly and conspicuously in writing how

20  and where to file a claim with a certified procedure if such

21  procedure has been established by the manufacturer pursuant to

22  s. 681.108. The nameplate manufacturer of a recreational

23  vehicle shall, at the time of vehicle acquisition, inform the

24  consumer clearly and conspicuously in writing how and where to

25  file a claim with a program pursuant to s. 681.1096.  The

26  manufacturer shall provide to the dealer and, at the time of

27  acquisition, the dealer shall provide to the consumer a

28  written statement that explains the consumer's rights under

29  this chapter.  The written statement shall be prepared by the

30  Department of Legal Affairs and shall contain a toll-free

31  number for the division that the consumer can contact to

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    Florida Senate - 2002                           CS for SB 1882
    306-2033-02




  1  obtain information regarding the consumer's rights and

  2  obligations under this chapter or to commence arbitration. If

  3  the manufacturer obtains a signed receipt for timely delivery

  4  of sufficient quantities of this written statement to meet the

  5  dealer's vehicle sales requirements, it shall constitute prima

  6  facie evidence of compliance with this subsection by the

  7  manufacturer.  The consumer's signed acknowledgment of receipt

  8  of materials required under this subsection shall constitute

  9  prima facie evidence of compliance by the manufacturer and

10  dealer. The form of the acknowledgments shall be approved by

11  the Department of Legal Affairs, and the dealer shall maintain

12  the consumer's signed acknowledgment for 3 years.

13         Section 2.  Subsection (1) of section 681.1096, Florida

14  Statutes, is amended to read:

15         681.1096  Pilot RV Mediation and Arbitration Program;

16  creation and qualifications.--

17         (1)  This section and s. 681.1097 shall apply to

18  disputes determined eligible under this chapter involving

19  recreational vehicles acquired on or after October 1, 1997,

20  and shall remain in effect until September 30, 2006 2002, at

21  which time recreational vehicle disputes shall be subject to

22  the provisions of ss. 681.109 and 681.1095. The Attorney

23  General shall report annually to the President of the Senate,

24  the Speaker of the House of Representatives, the Minority

25  Leader of each house of the Legislature, and appropriate

26  legislative committees regarding the effectiveness of the

27  pilot program.

28         Section 3.  Paragraph (a) of subsection (4) of section

29  681.1097, Florida Statutes, is amended, and a paragraph (e) is

30  added to subsection (3) of that section to read:

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    Florida Senate - 2002                           CS for SB 1882
    306-2033-02




  1         681.1097  Pilot RV Mediation and Arbitration Program;

  2  dispute eligibility and program function.--

  3         (3)  The consumer's application for participation in

  4  the program must be on a form prescribed or approved by the

  5  department.  The department shall screen all applications to

  6  participate in the program to determine eligibility.  The

  7  department shall forward to the program administrator all

  8  applications the department determines are potentially

  9  entitled to relief under this chapter.

10         (e)  The department may delegate responsibility for the

11  screening of claims to the program, in which event claims

12  filed with the department shall be forwarded to the program

13  administrator and the provisions of this section shall apply

14  to claims screened by the program.

15         (4)  Mediation shall be mandatory for both the consumer

16  and manufacturer, unless the dispute is settled prior to the

17  scheduled mediation conference.  The mediation conference

18  shall be confidential and inadmissible in any subsequent

19  adversarial proceedings.  Participation shall be limited to

20  the parties directly involved in the dispute and their

21  attorneys, if any.  All manufacturers shall be represented by

22  persons with settlement authority.

23         (a)  Upon receipt of an eligible application from the

24  department, the program administrator shall notify the

25  consumer and all involved manufacturers in writing that an

26  eligible application has been received.  Such notification

27  shall include a statement that a mediation conference will be

28  scheduled, shall identify the assigned mediator, and provide

29  information regarding the program's procedures.  The program

30  administrator shall provide all involved manufacturers with a

31  copy of the completed application.

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    Florida Senate - 2002                           CS for SB 1882
    306-2033-02




  1         Section 4.  This act shall take effect July 1, 2002.

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                         Senate Bill 1882

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  6  Provides that the nameplate manufacturer of a recreational
    vehicle must provide written notice to the consumer, at the
  7  time of vehicle acquisition, of the procedures required to
    file a claim under the Pilot RV Mediation and Arbitration
  8  Program.

  9  Extends the operation of the RV Mediation and Arbitration
    Program until September 30, 2006.
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    Authorizes the Department of Legal Affairs to delegate
11  responsibility for the screening of claims under the Pilot RV
    Mediation and Arbitration Program to the program
12  administrator.

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