Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1916
       
       
       
       
       
       
                                Barcode 448436                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/29/2011           .                                
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       The Committee on Commerce and Tourism (Detert) recommended the
       following:
       
    1         Senate Amendment to Amendment (749088) 
    2  
    3         Delete lines 1298 - 1465
    4  and insert:
    5         Section 44. Section 681.109, Florida Statutes, is amended
    6  to read:
    7         681.109 Florida New Motor Vehicle Arbitration Board;
    8  dispute eligibility.—
    9         (1) If a manufacturer has a certified procedure, a consumer
   10  claim arising during the Lemon Law rights period must be filed
   11  with the certified procedure no later than 60 days after the
   12  expiration of the Lemon Law rights period. If a decision is not
   13  rendered by the certified procedure within 40 days of filing,
   14  the consumer may apply to the department division to have the
   15  dispute removed to the board for arbitration.
   16         (2) If a manufacturer has a certified procedure, a consumer
   17  claim arising during the Lemon Law rights period must be filed
   18  with the certified procedure no later than 60 days after the
   19  expiration of the Lemon Law rights period. If a consumer is not
   20  satisfied with the decision or the manufacturer’s compliance
   21  therewith, the consumer may apply to the department division to
   22  have the dispute submitted to the board for arbitration. A
   23  manufacturer may not seek review of a decision made under its
   24  procedure.
   25         (3) If a manufacturer does not have a has no certified
   26  procedure or if the a certified procedure does not have
   27  jurisdiction to resolve the dispute, a consumer may apply
   28  directly to the department division to have the dispute
   29  submitted to the board for arbitration.
   30         (4) A consumer must request arbitration before the board
   31  with respect to a claim arising during the Lemon Law rights
   32  period no later than 60 days after the expiration of the Lemon
   33  Law rights period, or within 30 days after the final action of a
   34  certified procedure, whichever date occurs later.
   35         (5) The department division shall screen all requests for
   36  arbitration before the board to determine eligibility. The
   37  consumer’s request for arbitration before the board shall be
   38  made on a form prescribed by the department. The department
   39  division shall forward to the board all disputes that the
   40  department division determines are potentially entitled to
   41  relief under this chapter.
   42         (6) The department division may reject a dispute that it
   43  determines to be fraudulent or outside the scope of the board’s
   44  authority. Any dispute deemed by the department division to be
   45  ineligible for arbitration by the board due to insufficient
   46  evidence may be reconsidered upon the submission of new
   47  information regarding the dispute. Following a second review,
   48  the department division may reject a dispute if the evidence is
   49  clearly insufficient to qualify for relief. If the department
   50  rejects a dispute, it must provide notice of the rejection and a
   51  brief explanation of the reason for rejection Any dispute
   52  rejected by the division shall be forwarded to the department
   53  and a copy shall be sent by registered mail to the consumer and
   54  to the manufacturer, containing a brief explanation as to the
   55  reason for rejection.
   56         (7) If the department division rejects a dispute, the
   57  consumer may file a lawsuit to enforce the remedies provided
   58  under this chapter. In any civil action arising under this
   59  chapter and relating to a matter considered by the department
   60  division, any determination made to reject a dispute is
   61  admissible in evidence.
   62         (8) The department may shall have the authority to adopt
   63  reasonable rules to administer carry out the provisions of this
   64  section.
   65         Section 45. Subsections (2), (3), (4), (5), (9), (11), and
   66  (12) of section 681.1095, Florida Statutes, are amended, and
   67  subsection (17) is added to that section, to read:
   68         681.1095 Florida New Motor Vehicle Arbitration Board;
   69  creation and function.—
   70         (2) The board boards shall hear cases in various locations
   71  throughout the state so that any consumer whose dispute is
   72  approved for arbitration by the department division may attend
   73  an arbitration hearing at a reasonably convenient location and
   74  present a dispute orally. Hearings shall be conducted by panels
   75  of three board members assigned by the department. A majority
   76  vote of the three-member board panel shall be required to render
   77  a decision. Arbitration proceedings under this section shall be
   78  open to the public on reasonable and nondiscriminatory terms.
   79         (3) Each region of the board shall consist of up to eight
   80  members. The members of the board shall construe and apply the
   81  provisions of this chapter, and rules adopted thereunder, in
   82  making their decisions. An administrator and a secretary shall
   83  be assigned to each region of the board by the Department of
   84  Legal Affairs. At least one member of the each board in each
   85  region must have be a person with expertise in motor vehicle
   86  mechanics. A member may must not be employed by a manufacturer
   87  or a franchised motor vehicle dealer or be a staff member, a
   88  decisionmaker, or a consultant for a procedure. Board members
   89  shall be trained in the application of this chapter and any
   90  rules adopted under this chapter. Members of the board, shall be
   91  reimbursed for travel expenses pursuant to s. 112.061, and shall
   92  be compensated at a rate or wage prescribed by the Attorney
   93  General and are entitled to reimbursement for per diem and
   94  travel expenses pursuant to s. 112.061.
   95         (4) Before filing a civil action on a matter subject to s.
   96  681.104, the consumer must first submit the dispute to the
   97  department division, and to the board if such dispute is deemed
   98  eligible for arbitration.
   99         (5) Manufacturers shall submit to arbitration conducted by
  100  the board if such arbitration is requested by a consumer and the
  101  dispute is deemed eligible for arbitration by the department
  102  division pursuant to s. 681.109.
  103         (9) The decision of the board shall be sent by any method
  104  providing a delivery confirmation registered mail to the
  105  consumer and the manufacturer, and shall contain written
  106  findings of fact and rationale for the decision. If the decision
  107  is in favor of the consumer, the manufacturer must, within 40
  108  days after receipt of the decision, comply with the terms of the
  109  decision. Compliance occurs on the date the consumer receives
  110  delivery of an acceptable replacement motor vehicle or the
  111  refund specified in the arbitration award. In any civil action
  112  arising under this chapter and relating to a dispute arbitrated
  113  before the board, any decision by the board is admissible in
  114  evidence.
  115         (11) All provisions in This section and s. 681.109
  116  pertaining to compulsory arbitration before the board, the
  117  dispute eligibility screening by the department division, the
  118  proceedings and decisions of the board, and any appeals thereof,
  119  are exempt from the provisions of chapter 120.
  120         (12) An appeal of a decision by the board to the circuit
  121  court by a consumer or a manufacturer shall be by trial de novo.
  122  In a written petition to appeal a decision by the board, the
  123  appealing party must state the action requested and the grounds
  124  relied upon for appeal. Within 15 30 days after of final
  125  disposition of the appeal, the appealing party shall furnish the
  126  department with notice of such disposition and, upon request,
  127  shall furnish the department with a copy of the settlement or
  128  the order or judgment of the court.
  129         (17) The department may adopt rules to administer this
  130  section.
  131         Section 46. Subsections (2) and (4) of section 681.1096,
  132  Florida Statutes, are amended to read:
  133         681.1096 RV Mediation and Arbitration Program; creation and
  134  qualifications.—
  135         (2) Each manufacturer of a recreational vehicle involved in
  136  a dispute that is determined eligible under this chapter,
  137  including chassis and component manufacturers that which
  138  separately warrant the chassis and components and that which
  139  otherwise meet the definition of manufacturer set forth in s.
  140  681.102(13) 681.102(14), shall participate in a mediation and
  141  arbitration program that is deemed qualified by the department.
  142         (4) The department shall monitor the program for compliance
  143  with this chapter. If the program is determined not qualified or
  144  if qualification is revoked, then disputes shall be subject to
  145  the provisions of ss. 681.109 and 681.1095. If the program is
  146  determined not qualified or if qualification is revoked as to a
  147  manufacturer, all those manufacturers potentially involved in
  148  the eligible consumer dispute shall be required to submit to
  149  arbitration conducted by the board if such arbitration is
  150  requested by a consumer and the dispute is deemed eligible for
  151  arbitration by the department division pursuant to s. 681.109. A
  152  consumer having a dispute involving one or more manufacturers
  153  for which the program has been determined not qualified, or for
  154  which qualification has been revoked, is not required to submit
  155  the dispute to the program irrespective of whether the program
  156  may be qualified as to some of the manufacturers potentially
  157  involved in the dispute.
  158         Section 47. Subsection (2) of section 681.112, Florida
  159  Statutes, is amended to read:
  160         681.112 Consumer remedies.—
  161         (2) An action brought under this chapter must be commenced
  162  within 1 year after the expiration of the Lemon Law rights
  163  period, or, if a consumer resorts to an informal dispute
  164  settlement procedure or submits a dispute to the department
  165  division or board, within 1 year after the final action of the
  166  procedure, department division, or board.
  167         Section 48. Subsection (1) of section 681.117, Florida
  168  Statutes, is amended to read:
  169         681.117 Fee.—
  170         (1) A $2 fee shall be collected by a motor vehicle dealer,
  171  or by a person engaged in the business of leasing motor
  172  vehicles, from the consumer at the consummation of the sale of a
  173  motor vehicle or at the time of entry into a lease agreement for
  174  a motor vehicle. Such fees shall be remitted to the county tax
  175  collector or private tag agency acting as agent for the
  176  Department of Revenue. If the purchaser or lessee removes the
  177  motor vehicle from the state for titling and registration
  178  outside this state, the fee shall be remitted to the Department
  179  of Revenue. All fees, less the cost of administration, shall be
  180  transferred monthly to the Department of Legal Affairs for
  181  deposit into the Motor Vehicle Warranty Trust Fund. The
  182  Department of Legal Affairs shall distribute monthly an amount
  183  not exceeding one-fourth of the fees received to the Division of
  184  Consumer Services of the Department of Agriculture and Consumer
  185  Services to carry out the provisions of ss. 681.108 and 681.109.
  186  The Department of Legal Affairs shall contract with the Division
  187  of Consumer Services for payment of services performed by the
  188  division pursuant to ss. 681.108 and 681.109.
  189