Senate Bill sb1272

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    Florida Senate - 2001                                  SB 1272

    By Senator Burt





    16-334-01

  1                      A bill to be entitled

  2         An act relating to consumer services; amending

  3         s. 455.228, F.S.; authorizing the Department of

  4         Business and Professional Regulation to seek

  5         restitution in a civil action for an injured

  6         consumer; creating s. 468.90, F.S.; prohibiting

  7         employment agencies and assistance referral

  8         services from charging advance fees and not

  9         providing the promised services; defining

10         terms; providing a criminal penalty; amending

11         s. 484.0512, F.S.; providing a criminal penalty

12         for sellers of hearing aids who fail to make

13         required refunds; amending s. 501.160, F.S.;

14         providing that the prohibition against

15         unconscionable prices during an emergency does

16         not preempt local governments from enacting

17         similar provisions; creating s. 501.162, F.S.;

18         providing a criminal penalty for a violation of

19         s. 501.160, F.S.; providing an effective date.

20  

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

22  

23         Section 1.  Subsection (2) of section 455.228, Florida

24  Statutes, is amended to read:

25         455.228  Unlicensed practice of a profession; cease and

26  desist notice; civil penalty; enforcement; citations;

27  allocation of moneys collected.--

28         (2)  The Legislature finds that consumers often suffer

29  damages as a result of the practices of unlicensed persons

30  whose professions are regulated by the department and that

31  such consumers are not always aware of their right to seek

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    Florida Senate - 2001                                  SB 1272
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  1  redress in the courts and often do not have resources to hire

  2  legal counsel. Therefore, in addition to or in lieu of any

  3  remedy provided in subsection (1), the department may seek the

  4  imposition of a civil penalty, including restitution, through

  5  the circuit court for any violation for which the department

  6  may issue a notice to cease and desist under subsection (1).

  7  The civil penalty shall be no less than $500 and no more than

  8  $5,000 for each offense. The court may also award to the

  9  prevailing party court costs and reasonable attorney fees and,

10  in the event the department prevails, may also award

11  reasonable costs of investigation.

12         Section 2.  Section 468.90, Florida Statutes, is

13  created to read:

14         468.90  Employment agencies and assistance referral

15  services.--

16         (1)  INTENT.--It is the purpose of this section to curb

17  abusive business practices by employment agencies or

18  assistance referral services which endanger the economic

19  welfare of the public.

20         (2)  DEFINITIONS.--As used in this section, the term:

21         (a)  "Employment agency or assistance referral service"

22  means an individual, a sole proprietorship, a partnership, a

23  corporation, or another business entity that, for

24  compensation, engages in the business of procuring or

25  attempting to procure employment for an applicant.

26         (b)  "Applicant" means a person seeking employment

27  through an employment agency or an assistance referral

28  service.

29         (c)  "Advance fee" means money or other valuable

30  consideration, including registration fees and interview fees,

31  which is assessed or collected by any employment agency or

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    Florida Senate - 2001                                  SB 1272
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  1  assistance referral service prior to an applicant being

  2  employed through its efforts.

  3         (3)  PROHIBITIONS.--

  4         (a)  An employment agency or assistance referral

  5  service may not charge, collect, or receive an advance fee

  6  from an applicant for any services incidental to securing

  7  employment for the applicant until services are actually

  8  provided.

  9         (b)  An employment agency or assistance referral

10  service may not falsely portray the existence of employment

11  opportunities or falsely guarantee employment or interviews

12  either verbally or in writing.

13         (4)  PENALTY.--A person who violates this section is

14  guilty of a misdemeanor of the first degree, punishable as

15  provided in s. 775.082 or s. 775.083.

16         Section 3.  Section 484.0512, Florida Statutes, is

17  amended to read:

18         484.0512  Thirty-day trial period; purchaser's right to

19  cancel; notice; refund; cancellation fee.--

20         (1)  A person selling a hearing aid in this state must

21  provide the buyer with written notice of a 30-day trial period

22  and money-back guarantee. The guarantee must permit the

23  purchaser to cancel the purchase for a valid reason as defined

24  by rule of the board within 30 days after receiving the

25  hearing aid, by returning the hearing aid or mailing written

26  notice of cancellation to the seller. If the hearing aid must

27  be repaired, remade, or adjusted during the 30-day trial

28  period, the running of the 30-day trial period is suspended 1

29  day for each 24-hour period that the hearing aid is not in the

30  purchaser's possession. A repaired, remade, or adjusted

31  hearing aid must be claimed by the purchaser within 3 working

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    Florida Senate - 2001                                  SB 1272
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  1  days after notification of availability. The running of the

  2  30-day trial period resumes on the day the purchaser reclaims

  3  the repaired, remade, or adjusted hearing aid or on the fourth

  4  day after notification of availability.

  5         (2)  The board, in consultation with the Board of

  6  Speech-Language Pathology and Audiology, shall prescribe by

  7  rule the terms and conditions to be contained in the

  8  money-back guarantee and any exceptions thereto. Such rule

  9  shall provide, at a minimum, that the charges for earmolds and

10  service provided to fit the hearing aid may be retained by the

11  licensee. The rules shall also set forth any reasonable

12  charges to be held by the licensee as a cancellation fee. Such

13  rule shall be effective on or before December 1, 1994. Should

14  the board fail to adopt such rule, a licensee may not charge a

15  cancellation fee which exceeds 5 percent of the total charge

16  for a hearing aid alone. The terms and conditions of the

17  guarantee, including the total amount available for refund,

18  shall be provided in writing to the purchaser prior to the

19  signing of the contract.

20         (3)  Within 30 days after the return or attempted

21  return of the hearing aid, the seller shall refund all moneys

22  that must be refunded to a purchaser pursuant to this section.

23  A violation of this subsection is a misdemeanor of the first

24  degree, punishable as provided in s. 775.082 or s. 775.083.

25         Section 4.  Subsection (6) of section 501.160, Florida

26  Statutes, is amended to read:

27         501.160  Rental or sale of essential commodities during

28  a declared state of emergency; prohibition against

29  unconscionable prices.--

30         (6)  Nothing in this section herein shall be

31  interpreted to preempt the powers of local government except

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    Florida Senate - 2001                                  SB 1272
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  1  that the evidentiary standards and defenses contained in this

  2  section shall be the only evidentiary standards and defenses

  3  used in any ordinance adopted by local government to restrict

  4  price gouging during a declared state of emergency.

  5         Section 5.  Section 501.162, Florida Statutes, is

  6  created to read:

  7         501.162  Criminal penalties.--A person who violates the

  8  provisions of s. 501.160 is guilty of a misdemeanor of the

  9  first degree, punishable as provided in s. 775.082 or s.

10  775.083.

11         Section 6.  This act shall take effect July 1, 2001.

12  

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14                          SENATE SUMMARY

15    Authorizes the Department of Business and Professional
      Regulation to seek restitution in a civil action for a
16    consumer injured by a person who has violated a law
      relating to a profession regulated by the department.
17    Prohibits employment agencies and assistance referral
      services from charging advance fees for services and not
18    providing such services. Provides that a seller of a
      hearing aid who fails to make a timely refund to a
19    customer returning the hearing aid is guilty of a
      first-degree misdemeanor. Provides that the state law
20    prohibiting unconscionable prices during times of
      emergency does not preempt local governments from
21    enacting similar laws. Provides that a person who charges
      unconscionable prices during a time of emergency is
22    guilty of a first-degree misdemeanor.

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