Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 660
       
       
       
       
       
       
                                Barcode 740290                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/19/2009           .                                
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       The Committee on Commerce (Justice) recommended the following:
       
    1         Senate Amendment 
    2         
    3         Delete lines 16 - 66
    4  and insert:
    5  which a service contract is renewed for a specified period of
    6  more than 1 month if the renewal causes the service contract to
    7  be in effect more than 6 months after the day of the initiation
    8  of the service contract. Such renewal is effective unless the
    9  consumer gives notice to the seller of the consumer's intention
   10  to terminate the service contract.
   11         (b) "Consumer" means an individual, as defined in s.
   12  501.603, receiving service, maintenance, or repair under a
   13  service contract. The term does not include an individual
   14  engaged in business or a governmental entity if the individual
   15  or government entity enters into the service contract as part of
   16  or ancillary to the individual's business activities or on
   17  behalf of a business or governmental entity.
   18         (c) "Seller" means any person or entity that is a service
   19  contract provider.
   20         (d) "Service contract" means a written contract for the
   21  performance of services over a fixed period of time or for a
   22  specified duration.
   23         (2) SERVICE CONTRACTS WITH AUTOMATIC RENEWAL PROVISIONS.—
   24         (a) Any seller that sells, leases, or offers to sell or
   25  lease any service to a consumer pursuant to a service contract
   26  that automatically renews for a specified term of more than 1
   27  months, unless the consumer cancels the contract, shall disclose
   28  the automatic renewal provision clearly and conspicuously in the
   29  contract or contract offer.
   30         (b) Any seller that sells or offers to sell any service to
   31  a consumer pursuant to a service contract the term of which is a
   32  specified term of 12 months or more and that automatically
   33  renews for a specified term of more than 1 month, unless the
   34  consumer cancels the contract, shall provide the consumer with
   35  written or electronic notification of the automatic renewal
   36  provision. Notification shall be provided to the consumer no
   37  less than 30 days and no more than 60 days before the
   38  cancellation deadline pursuant to the automatic renewal
   39  provision. Such notification shall disclose clearly and
   40  conspicuously:
   41         1. That unless the consumer cancels the contract the
   42  contract will automatically renew.
   43         2. Methods by which the consumer may obtain details of the
   44  automatic renewal provision and cancellation procedure, whether
   45  by contacting the seller at a specified telephone number or
   46  address, by referring to the contract, or by any other method.
   47         (c) A seller that fails to comply with the requirements of
   48  this subsection is in violation of this subsection unless the
   49  seller demonstrates that:
   50         1. As part of its routine business practice, it has
   51  established and implemented written procedures to comply with
   52  this section and enforces compliance with the procedures;
   53         2. Any failure to comply with this subsection is the result
   54  of error; and