SENATE AMENDMENT
Bill No. CS for SB 1922
Amendment No. ___ Barcode 861714
CHAMBER ACTION
Senate House
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11 Senator Geller moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 43, between lines 26 and 27,
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16 insert:
17 Section 46. Subsection (8) of section 400.925, Florida
18 Statutes, is amended to read:
19 400.925 Definitions.--As used in this part, the term:
20 (8) "Home medical equipment" includes any product as
21 defined by the Federal Drug Administration's Drugs, Devices
22 and Cosmetics Act, any products reimbursed under the Medicare
23 Part B Durable Medical Equipment benefits, or any products
24 reimbursed under the Florida Medicaid durable medical
25 equipment program. Home medical equipment includes, but is not
26 limited to, oxygen and related respiratory equipment. Home
27 medical equipment includes customized wheelchairs and related
28 seating and positioning, but does not include prosthetics or
29 orthotics or any splints, braces, or aids custom fabricated by
30 a licensed health care practitioner. Home medical equipment
31 includes assistive technology devices, including: manual
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1 wheelchairs, motorized wheelchairs, motorized scooters,
2 voice-synthesized computer modules, optical scanners, talking
3 software, braille printers, environmental control devices for
4 use by person with quadriplegia, motor vehicle adaptive
5 transportation aids, devices that enable persons with severe
6 speech disabilities to in effect speak, personal transfer
7 systems and specialty beds, including a demonstrator, for use
8 by a person with a medical need.
9 Section 47. Paragraph (a) of subsection (5) of section
10 400.93, Florida Statutes, is amended to read:
11 400.93 Home medical equipment providers to be
12 licensed; expiration of license; exemptions; unlawful acts;
13 penalties.--
14 (5) The following are exempt from home medical
15 equipment provider licensure, unless they have a separate
16 company, corporation, or division that is in the business of
17 providing home medical equipment and services for sale or rent
18 to consumers at their regular or temporary place of residence
19 pursuant to the provisions of this part:
20 (a) Providers operated by the Department of Health or
21 Federal Government.
22 Section 48. Section 427.802, Florida Statutes, is
23 amended to read:
24 427.802 Definitions.--As used in this part:
25 (1) "Assistive technology devices" means manual
26 wheelchairs, motorized wheelchairs, motorized scooters,
27 voice-synthesized computer modules, optical scanners, talking
28 software, braille printers, environmental control devices for
29 use by a person with quadriplegia, motor vehicle adaptive
30 transportation aids, devices that enable persons with severe
31 speech disabilities to in effect speak, personal transfer
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SENATE AMENDMENT
Bill No. CS for SB 1922
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1 systems, and specialty beds, including a demonstrator, that a
2 consumer purchases or accepts transfer of in this state for
3 use by a person with a disability.
4 (2) "Assistive Technology Device Warranty Act rights
5 period" means the period ending 1 year after first delivery of
6 the assistive technology device to the consumer or the
7 manufacturer's express written warranty, whichever is longer.
8 (2)(3) "Person with a disability" means any person who
9 has one or more permanent physical or mental limitations that
10 restrict his or her ability to perform the normal activities
11 of daily living and impede his or her capacity to live
12 independently.
13 (3)(4) "Assistive technology device dealer" means a
14 person who is business entity that is primarily engaged in the
15 business of selling or leasing of assistive technology
16 devices. As used in this subsection, the term "primarily"
17 means no less than 30 percent of the business entity's gross
18 sales in the previous fiscal year.
19 (4)(5) "Assistive technology device lessor" means a
20 person who leases an assistive technology device to a
21 consumer, or holds the lessor's rights, under a written lease.
22 (5)(6) "Collateral costs" means expenses incurred by a
23 consumer in connection with the repair of a nonconformity,
24 including the costs of obtaining an alternative assistive
25 technology device.
26 (6)(7) "Consumer" means any of the following:
27 (a) The purchaser of an assistive technology device,
28 if the assistive technology device was purchased from an
29 assistive technology device dealer or manufacturer for
30 purposes other than resale.
31 (b) A person to whom the assistive technology device
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SENATE AMENDMENT
Bill No. CS for SB 1922
Amendment No. ___ Barcode 861714
1 is transferred for purposes other than resale, if the transfer
2 occurs before the expiration of an express warranty applicable
3 to the assistive technology device.
4 (c) A person who may enforce the warranty.
5 (d) A person who leases an assistive technology device
6 from an assistive technology device lessor under a written
7 lease.
8 (7)(8) "Demonstrator" means an assistive technology
9 device used primarily for the purpose of demonstration to the
10 public.
11 (9) "Department" means the Department of Agriculture
12 and Consumer Services.
13 (8)(10) "Early termination cost" means any expense or
14 obligation that an assistive technology device lessor incurs
15 as a result of both the termination of a written lease before
16 the termination date set forth in that lease and the return of
17 an assistive technology device to a manufacturer pursuant to
18 this section. The term includes a penalty for prepayment
19 under a financial arrangement.
20 (9)(11) "Early termination saving" means any expense
21 or obligation that an assistive technology device lessor
22 avoids as a result of both the termination of a written lease
23 before the termination date set forth in the lease and the
24 return of an assistive technology device to a manufacturer
25 pursuant to this section. The term includes an interest
26 charge that the assistive technology device lessor would have
27 paid to finance the assistive technology device or, if the
28 assistive technology device lessor does not finance the
29 assistive technology device, the difference between the total
30 amount for which the lease obligates the consumer during the
31 period of the lease term remaining after the early termination
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1 and the present value of that amount at the date of the early
2 termination.
3 (10)(12) "Manufacturer" means a business entity that
4 manufactures or produces assistive technology devices for sale
5 and agents of that business entity, including an importer, a
6 distributor, a factory branch, a distributor branch, and any
7 warrantors of the manufacturer's assistive technology device,
8 but not including an assistive technology device dealer.
9 (11)(13) "Nonconformity" means a condition or defect
10 of an assistive technology device which substantially impairs
11 the use, value, or safety of the device and which is covered
12 by an express warranty applicable to the assistive technology
13 device, but does not include a condition or defect that is the
14 result of abuse, neglect, excessive wear, or unauthorized
15 modification or alteration of the assistive technology device
16 by a consumer.
17 (12)(14) "Reasonable attempt to repair" means, within
18 the terms of an express warranty applicable to a new assistive
19 technology device:
20 (a) A maximum of three efforts by the manufacturer,
21 the assistive technology device lessor, or any of the
22 manufacturer's authorized assistive technology device dealers
23 to repair a nonconformity that is subject to repair under the
24 warranty; or
25 (b) The passage of at least 30 cumulative days during
26 which the assistive technology device is out of service
27 because of a nonconformity that is covered by the warranty.
28 Section 49. Section 427.803, Florida Statutes, is
29 amended to read:
30 427.803 Express Duty of manufacturer and an assistive
31 technology device dealer to conform an assistive technology
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1 device to the warranty.--
2 (1) A manufacturer who sells a new assistive
3 technology device to a consumer, either directly or through an
4 assistive technology device dealer, shall furnish the consumer
5 with an express warranty for the assistive technology device.
6 The duration of the express warranty must be at least 1 year
7 after first delivery of the assistive technology device to the
8 consumer. In the absence of an express warranty from the
9 manufacturer, the manufacturer is considered to have expressly
10 warranted to the consumer of an assistive technology device
11 that, for a period of 1 year after the date of first delivery
12 to the consumer, the assistive technology device will be free
13 from any condition or defect that substantially impairs the
14 value of the assistive technology device to the consumer.
15 (2) If an assistive technology device does not conform
16 to the warranty and the consumer first reports the problem to
17 the manufacturer during the Assistive Technology Device
18 Warranty Act rights period, the manufacturer shall make such
19 repairs as are necessary to conform the device to the
20 warranty, irrespective of whether such repairs are made after
21 the expiration of the Assistive Technology Device Warranty Act
22 rights period. Such repairs shall be at no cost to the
23 consumer if reported to the manufacturer or assistive
24 technology device dealer during the Assistive Technology
25 Device Warranty Act rights period. Nothing in this subsection
26 shall be construed to grant an extension of the Assistive
27 Technology Device Warranty Act rights period or to expand the
28 time within which a consumer must file a complaint under this
29 chapter.
30 (3) Each manufacturer or assistive technology device
31 dealer shall provide to its consumers conspicuous notice of
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1 the address and phone number for its zone, district, or
2 regional office for this state in the written warranty or
3 owner's manual. Within 10 days after the department's written
4 request, a manufacturer shall forward to the department a copy
5 of the owner's manual and any written warranty for each make
6 and model of assistive technology device that it sells in this
7 state.
8 (4) The manufacturer shall provide to the assistive
9 technology device dealer and, at the time of acquisition, the
10 assistive technology device dealer shall provide to the
11 consumer a written statement that explains the consumer's
12 rights under this chapter. The written statement shall be
13 prepared by the department and shall contain a toll-free
14 number for the department that the consumer can contact to
15 obtain information regarding the consumer's rights and
16 obligations under this chapter or to commence arbitration. The
17 consumer's signed acknowledgment of receipt of materials
18 required under this subsection shall constitute prima facie
19 evidence of compliance by the manufacturer and assistive
20 technology device dealer. The form of the acknowledgments
21 shall be approved by the department, and the assistive
22 technology device dealer shall maintain the consumer's signed
23 acknowledgment for 3 years.
24 (5) A manufacturer or an assistive technology device
25 dealer shall provide to the consumer, each time the consumer's
26 assistive technology device is returned after being examined
27 or repaired under the warranty, a fully itemized, legible
28 statement of any diagnosis made and all work performed on the
29 assistive technology device, including, but not limited to, a
30 general description of the problem reported by the consumer or
31 an identification of the defect or condition, parts and labor,
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1 the date on which the assistive technology device was
2 submitted for examination or repair, and the date when the
3 repair or examination was completed.
4 Section 50. Section 427.804, Florida Statutes, is
5 amended to read:
6 427.804 Repair of nonconforming assistive technology
7 devices; refund or replacement of devices after attempt to
8 repair; sale or lease of returned device; arbitration;
9 investigation; limitation of rights.--
10 (1) If a new assistive technology device does not
11 conform to an applicable express warranty and the consumer
12 reports the nonconformity to the manufacturer, the assistive
13 technology device lessor, or any of the manufacturer's
14 authorized assistive technology device dealers and makes the
15 assistive technology device available for repair within 1 year
16 after first delivery or return of the assistive technology
17 device to the consumer, the nonconformity must be repaired at
18 no charge to the consumer.
19 (2) If, after a reasonable attempt to repair, the
20 nonconformity is not repaired, the manufacturer, at the
21 direction of a consumer as defined in s. 427.802(6)(7)(a)-(c),
22 must do one of the following:
23 (a) Accept return of the assistive technology device
24 and replace the assistive technology device with a comparable
25 new assistive technology device and refund any collateral
26 costs.
27 (b) Accept return of the assistive technology device
28 and refund to the consumer and to any holder of a perfected
29 security interest in the consumer's assistive technology
30 device, as the interest may appear, the full purchase price
31 plus any finance charge amount paid by the consumer at the
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1 point of sale, and collateral costs.
2 (c) With respect to a consumer as defined in s.
3 427.802(6)(7)(d), accept return of the assistive technology
4 device, refund to the assistive technology device lessor and
5 to any holder of a perfected security interest in the
6 assistive technology device, as the interest may appear, the
7 current value of the written lease, and refund to the consumer
8 the amount that the consumer paid under the written lease plus
9 any collateral costs.
10 (3) The current value of the written lease equals the
11 total amount for which the lease obligates the consumer during
12 the period of the lease remaining after its early termination
13 plus the assistive technology device dealer's early
14 termination costs and the value of the assistive technology
15 device at the lease expiration date if the lease sets forth
16 the value, less the assistive technology device lessor's early
17 termination savings.
18 (4) To receive a comparable new assistive technology
19 device or a refund due under paragraph (2)(a), a consumer must
20 offer to the manufacturer of the assistive technology device
21 having the nonconformity to transfer possession of the
22 assistive technology device to the manufacturer. No later
23 than 30 days after the offer, the manufacturer shall provide
24 the consumer with the comparable assistive technology device
25 or refund. When the manufacturer provides the comparable
26 assistive technology device or refund, the consumer shall
27 return the assistive technology device having the
28 nonconformity to the manufacturer, along with any endorsements
29 necessary to transfer real possession to the manufacturer.
30 (5) To receive a refund due under paragraph (2)(b), a
31 consumer must offer to return the assistive technology device
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1 having the nonconformity to its manufacturer. No later than
2 30 days after the offer, the manufacturer shall provide the
3 refund to the consumer who paid for or the provider who billed
4 a third party payor source for the assistive technology
5 device. The provider shall return the manufacturer's refund
6 to the third party payor source, unless the provider was not
7 reimbursed by the third party payor. When the manufacturer
8 provides the refund, the consumer shall return to the
9 manufacturer the assistive technology device having the
10 nonconformity.
11 (6) To receive a refund due under paragraph (2)(c), an
12 assistive technology device lessor must offer to transfer
13 possession of the assistive technology device having the
14 nonconformity to its manufacturer. No later than 30 days
15 after the offer, the manufacturer shall provide the refund to
16 the assistive technology device lessor. When the manufacturer
17 provides the refund, the assistive technology device lessor
18 shall provide to the manufacturer any endorsements necessary
19 to transfer legal possession to the manufacturer.
20 (7) A person may not enforce the lease against the
21 consumer after the consumer receives a refund due under
22 paragraph (2)(c).
23 (8) An assistive technology device that is returned by
24 a consumer or assistive technology device lessor in this
25 state, or by a consumer or assistive technology device lessor
26 in another state under a similar law of that state, may not be
27 sold or leased again in this state, unless full disclosure of
28 the reasons for return is made to any prospective buyer or
29 lessee.
30 (9) Each consumer may submit any dispute arising under
31 this part to the department by completing a complaint form.
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1 The department may investigate the complaint on behalf of the
2 consumer if reasonable evidence warrants such an action.
3 (10) The department shall process consumer complaints
4 pursuant to s. 570.544.
5 (9)(11) Each consumer may submit any dispute arising
6 under this part to an alternative arbitration mechanism
7 established pursuant to chapter 682. Upon notice by the
8 consumer, all manufacturers must submit to such alternative
9 arbitration.
10 (10)(12) Such alternative arbitration must be
11 conducted by a professional arbitrator or arbitration firm
12 appointed under chapter 682 and any applicable rules. These
13 procedures must provide for the personal objectivity of the
14 arbitrators and for the right of each party to present its
15 case, to be in attendance during any presentation made by the
16 other party, and to rebut or refute such a presentation.
17 (11)(13) This part does not limit rights or remedies
18 available to a consumer under any other law.
19 Section 51. Section 427.8041, Florida Statutes, is
20 repealed.
21 Section 52. Subsection (6) is added to section
22 496.411, Florida Statutes, to read:
23 496.411 Disclosure requirements and duties of
24 charitable organizations and sponsors.--
25 (6) Each charitable organization or sponsor that is
26 required to register under s. 496.405 shall conspicuously
27 display the following information on every printed
28 solicitation, written confirmation, receipt, or reminder of a
29 contribution:
30 (a) The organization's or sponsor's registration
31 number issued by the department under this chapter.
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1 (b) The percentage, if any, of each contribution that
2 is retained by any professional solicitor that has contracted
3 with the organization or sponsor.
4 (c) The percentage of each contribution that is
5 received by the organization or sponsor.
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7 If the solicitation consists of more than a single item, the
8 statement shall be displayed prominently in the solicitation
9 materials.
10 Section 53. Paragraphs (b) and (d) of subsection (1)
11 of section 501.017, Florida Statutes, are amended to read:
12 501.017 Health studios; contracts.--
13 (1) Every contract for the sale of future health
14 studio services which is paid for in advance or which the
15 buyer agrees to pay for in future installment payments shall
16 be in writing and shall contain, contractual provisions to the
17 contrary notwithstanding, in immediate proximity to the space
18 reserved in the contract for the signature of the buyer, and
19 in 10-point boldfaced type, language substantially equivalent
20 to the following:
21 (b)1. A provision for the cancellation and refund of
22 the contract if the contracting business location of the
23 health studio goes out of business, or moves its facilities
24 more than 5 driving miles from the business location
25 designated in such contract and fails to provide, within 30
26 days, a facility of equal quality located within 5 driving
27 miles of the business location designated in such contract at
28 no additional cost to the buyer.
29 2. A provision that notice of intent to cancel by the
30 buyer shall be given in writing to the health studio. Such a
31 notice of cancellation from the consumer shall also terminate
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1 automatically the consumer's obligation to any entity to whom
2 the health studio has subrogated or assigned the consumer's
3 contract. If the health studio wishes to enforce such contract
4 after receipt of such showing, it may request the department
5 to determine the sufficiency of the showing.
6 3. A provision that if the department determines that
7 a refund is due the buyer, the refund shall be an amount
8 computed by dividing the contract price by the number of weeks
9 in the contract term and multiplying the result by the number
10 of weeks remaining in the contract term. The business
11 location of a health studio shall not be deemed out of
12 business when temporarily closed for repair and renovation of
13 the premises:
14 a. Upon sale, for not more than 14 consecutive days;
15 or
16 b. During ownership, for not more than 7 consecutive
17 days and not more than two periods of 7 consecutive days in
18 any calendar year.
19
20 A refund shall be issued within 30 days after receipt of the
21 notice of cancellation made pursuant to this paragraph.
22 (d) A provision for the cancellation of the contract
23 if the buyer dies or becomes physically unable to avail
24 himself or herself of a substantial portion of those services
25 which he or she used from the commencement of the contract
26 until the time of disability, with refund of funds paid or
27 accepted in payment of the contract in an amount computed by
28 dividing the contract price by the number of weeks in the
29 contract term and multiplying the result by the number of
30 weeks remaining in the contract term. The contract may
31 require a buyer or the buyer's estate seeking relief under
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1 this paragraph to provide proof of disability or death. A
2 physical disability sufficient to warrant cancellation of the
3 contract by the buyer shall be established if the buyer
4 furnishes to the health studio a certification of such
5 disability by a physician licensed under chapter 458, chapter
6 459, chapter 460, or chapter 461 to the extent the diagnosis
7 or treatment of the disability is within the physician's scope
8 of practice. A refund shall be issued within 30 days after
9 receipt of the notice of cancellation made pursuant to this
10 paragraph.
11 Section 54. Subsection (2) of section 501.019, Florida
12 Statutes, is amended to read:
13 501.019 Health studios; penalties.--
14 (2) Any person health studio owner or, in the case of
15 corporate ownership, any officer of the corporation, or any
16 manager of a health studio or health studio's business
17 location, who knowingly makes a false representation to the
18 department with the intent to obtain an exemption of any kind
19 from the requirements of s. 501.016 commits a felony of the
20 third degree, punishable as provided in s. 775.082, s.
21 775.083, or s. 775.084.
22 Section 55. Paragraph (a) of subsection (2), paragraph
23 (b) of subsection (4), and paragraph (c) of subsection (5) of
24 section 539.001, Florida Statutes, are amended, paragraph (n)
25 is added to subsection (12) of that section, and subsection
26 (21) of that section is amended, to read:
27 539.001 The Florida Pawnbroking Act.--
28 (2) DEFINITIONS.--As used in this section, the term:
29 (a) "Agency" means the Division of Consumer Services
30 of the Department of Agriculture and Consumer Services.
31 (4) ELIGIBILITY FOR LICENSE.--
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1 (b) Any applicant claiming to have a net worth of
2 $50,000 or more shall file with the agency department, at the
3 time of applying for a license, the following documentation:
4 1. A current financial statement prepared by a Florida
5 certified public accountant; or
6 2. An affidavit stating the applicant's net worth is
7 at least $50,000, accompanied by supporting documentation; or
8 3. If the applicant is a corporation, a copy of the
9 applicant's most recently filed federal tax return.
10
11 If the agency cannot verify that the applicant meets the net
12 worth requirement for a license, the agency may require a
13 finding, including the presentation of a current balance
14 sheet, by an accounting firm or individual holding a permit to
15 practice public accounting in this state, that the accountant
16 has reviewed the books and records of the applicant and that
17 the applicant meets the net worth requirement.
18 (5) APPLICATION FOR LICENSE.--
19 (c) Each initial application for a license must be
20 accompanied by a complete set of fingerprints taken by an
21 authorized law enforcement officer, $300 for the first year's
22 license fee, and the actual cost to the agency department for
23 fingerprint analysis for each person subject to the
24 eligibility requirements. The agency shall submit the
25 fingerprints to the Department of Law Enforcement for state
26 processing, and the Department of Law Enforcement shall
27 forward the fingerprints to the Federal Bureau of
28 Investigation for a national criminal history check. These
29 fees and costs are not refundable.
30 (12) PROHIBITED ACTS.--A pawnbroker, or an employee or
31 agent of a pawnbroker, may not:
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1 (n) Knowingly accept or receive misappropriated
2 property from a conveying customer in a pawn or purchase
3 transaction.
4 (21) RULEMAKING AUTHORITY.--The agency department has
5 authority to adopt rules pursuant to chapter 120 to implement
6 the provisions of this section.
7 Section 56. Paragraph (a) of subsection (1) of section
8 559.801, Florida Statutes, is amended to read:
9 559.801 Definitions.--For the purpose of ss.
10 559.80-559.815, the term:
11 (1)(a) "Business opportunity" means the sale or lease
12 of any products, equipment, supplies, or services which are
13 sold or leased to a purchaser to enable the purchaser to start
14 a business for which the purchaser is required to pay an
15 initial fee or sum of money which exceeds $500 to the seller,
16 and in which the seller represents:
17 1. That the seller or person or entity affiliated with
18 or referred by the seller will provide locations or assist the
19 purchaser in finding locations for the use or operation of
20 vending machines, racks, display cases, currency or card
21 operated equipment, or other similar devices or
22 currency-operated amusement machines or devices on premises
23 neither owned nor leased by the purchaser or seller;
24 2. That the seller will purchase any or all products
25 made, produced, fabricated, grown, bred, or modified by the
26 purchaser using in whole or in part the supplies, services, or
27 chattels sold to the purchaser;
28 3. That the seller guarantees in writing that the
29 purchaser will derive income from the business opportunity
30 which exceeds the price paid or rent charged for the business
31 opportunity or that the seller will refund all or part of the
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1 price paid or rent charged for the business opportunity, or
2 will repurchase any of the products, equipment, supplies, or
3 chattels supplied by the seller, if the purchaser is
4 unsatisfied with the business opportunity; or
5 4. That the seller will provide a sales program or
6 marketing program that will enable the purchaser to derive
7 income from the business opportunity, except that this
8 paragraph does not apply to the sale of a sales program or
9 marketing program made in conjunction with the licensing of a
10 trademark or service mark that is registered under the laws of
11 any state or of the United States if the seller requires use
12 of the trademark or service mark in the sales agreement.
13
14 For the purpose of subparagraph 1., the term "assist the
15 purchaser in finding locations" means, but is not limited to,
16 supplying the purchaser with names of locator companies,
17 contracting with the purchaser to provide assistance or supply
18 names, or collecting a fee on behalf of or for a locator
19 company.
20 Section 57. Subsection (8) of section 559.803, Florida
21 Statutes, is amended, present subsections (11), (12), and (13)
22 of that section are renumbered as subsections (12), (13), and
23 (14), respectively, and a new subsection (11) is added to that
24 section, to read:
25 559.803 Disclosure statement.--At least 3 working days
26 prior to the time the purchaser signs a business opportunity
27 contract, or at least 3 working days prior to the receipt of
28 any consideration by the seller, whichever occurs first, the
29 seller must provide the prospective purchaser a written
30 document, the cover sheet of which is entitled in at least
31 12-point boldfaced capital letters "DISCLOSURES REQUIRED BY
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1 FLORIDA LAW." Under this title shall appear the following
2 statement in at least 10-point type: "The State of Florida
3 has not reviewed and does not approve, recommend, endorse, or
4 sponsor any business opportunity. The information contained
5 in this disclosure has not been verified by the state. If you
6 have any questions about this investment, see an attorney
7 before you sign a contract or agreement." Nothing except the
8 title and required statement shall appear on the cover sheet.
9 Immediately following the cover sheet, the seller must provide
10 an index page that briefly lists the contents of the
11 disclosure document as required in this section and any pages
12 on which the prospective purchaser can find each required
13 disclosure. At the top of the index page, the following
14 statement must appear in at least 10-point type: "The State of
15 Florida requires sellers of business opportunities to disclose
16 certain information to prospective purchasers. This index is
17 provided to help you locate this information." If the index
18 contains other information not required by this section, the
19 seller shall place a designation beside each of the
20 disclosures required by this section and provide an
21 explanation of the designation at the end of the statement at
22 the top of the index page. The disclosure document shall
23 contain the following information:
24 (8) If the business opportunity seller is required to
25 secure a bond, guaranteed letter of credit, or certificate of
26 deposit or establish a trust deposit pursuant to s. 559.807,
27 either of the following statements:
28 (a) "As required by Florida law, the seller has
29 secured a bond issued by ...., a surety company authorized to
30 do business in this state. Before signing a contract to
31 purchase this business opportunity, you should confirm the
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SENATE AMENDMENT
Bill No. CS for SB 1922
Amendment No. ___ Barcode 861714
1 bond's status with the surety company."; or
2 (b) "As required by Florida law, the seller has
3 established a trust account or guaranteed letter of credit or
4 certificate of deposit ...(number of account)... with ...(name
5 and address of bank or savings institution).... Before
6 signing a contract to purchase this business opportunity, you
7 should confirm with the bank or savings institution the
8 current status of the trust account or guaranteed letter of
9 credit or certificate of deposit."
10 (11)(a) The total number of persons who purchased the
11 business opportunity being offered by the seller within the
12 past 3 years.
13 (b) The names, addresses, and telephone numbers of the
14 10 persons who previously purchased the business opportunity
15 from the seller and who are geographically closest to the
16 potential purchaser.
17
18 Should any seller of business opportunities prepare a
19 disclosure statement pursuant to 16 C.F.R. ss. 436.1 et seq.,
20 a Trade Regulation Rule of the Federal Trade Commission
21 regarding Disclosure Requirements and Prohibitions Concerning
22 Franchising and Business Opportunity Ventures, the seller may
23 file that disclosure statement in lieu of the document
24 required pursuant to this section. Should the seller be
25 required pursuant to 16 C.F.R. to prepare any other documents
26 to be presented to the prospective purchaser, those documents
27 shall also be filed with the department.
28 Section 58. Section 559.807, Florida Statutes, is
29 amended to read:
30 559.807 Bond or other security trust account
31 required.--
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Amendment No. ___ Barcode 861714
1 (1) If the business opportunity seller makes any
2 representations set forth in s. 559.801(1)(a)3., the seller
3 must either have obtained a surety bond issued by a surety
4 company authorized to do business in this state or have
5 established a certificate of deposit trust account or a
6 guaranteed letter of credit with a licensed and insured bank
7 or savings institution located in the state. The amount of
8 the bond, certificate of deposit trust account, or guaranteed
9 letter of credit shall be an amount not less than $50,000.
10 (2) The bond, certificate of deposit, or guaranteed
11 letter of credit trust account shall be in the favor of the
12 department for the use and benefit of. any person who is
13 injured by the fraud, misrepresentation, damaged by any
14 violation of ss. 559.80-559.815, or by the seller's breach of
15 the contract, financial failure, or violation of any provision
16 of this part by the seller. Such liability may be enforced by
17 filing an action at law in a court of competent jurisdiction
18 without precluding enforcement in an administrative action
19 pursuant to chapter 120. However, the bond, certificate of
20 deposit, or guaranteed letter of credit shall be amenable and
21 enforceable only by and through administrative proceedings
22 before the department. A money judgment resulting from an
23 action at law, less any award for costs and attorney's fees,
24 shall be prima facie evidence sufficient to establish the
25 value of the claim in an administrative action. It is the
26 intent of the Legislature that such bond, certificate of
27 deposit, or guaranteed letter of credit shall be applicable
28 and liable only for payment of claims duly adjudicated by
29 order of the department. The bond, certificate of deposit, or
30 guaranteed letter of credit shall be open to successive claims
31 but for the business opportunity sale or of any obligation
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1 arising therefrom, may bring an action against the bond, trust
2 account, or guaranteed letter of credit to recover damages
3 suffered; however, the aggregate amount may not liability of
4 the surety or trustee shall be only for actual damages and in
5 no event shall exceed the amount of the bond, certificate of
6 deposit trust account, or guaranteed letter of credit.
7 Section 59. Subsection (14) is added to section
8 559.809, Florida Statutes, to read:
9 559.809 Prohibited acts.--Business opportunity sellers
10 shall not:
11 (14) Fail to provide or deliver the products,
12 equipment, supplies, or services as specified in the written
13 contract required under s. 559.811.
14 Section 60. For the purpose of incorporating the
15 amendment to section 559.809, Florida Statutes, in a reference
16 thereto, section 559.815, Florida Statutes, is reenacted to
17 read:
18 559.815 Penalties.--Any person who fails to file with
19 the department as required by s. 559.805 or who commits an act
20 described in s. 559.809 is guilty of a felony of the third
21 degree, punishable as provided in s. 775.082, s. 775.083, or
22 s. 775.084.
23 Section 61. Subsection (5) is added to section
24 559.902, Florida Statutes, to read:
25 559.902 Scope and application.--This act shall apply
26 to all motor vehicle repair shops in Florida, except:
27 (5) Those located in public schools as defined in s.
28 228.041 or charter technical career centers as defined in s.
29 228.505.
30
31 However, such person may voluntarily register under this act.
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Bill No. CS for SB 1922
Amendment No. ___ Barcode 861714
1 Section 62. Subsections (3), (4), (5), (6), and (10)
2 of section 559.904, Florida Statutes, are amended to read:
3 559.904 Motor vehicle repair shop registration;
4 application; exemption.--
5 (3) Each application for registration must be
6 accompanied by a registration fee set forth as follows:
7 (a) If the place of business only performed "minor
8 repair service": $25.
9 (a)(b) If the place of business has 1 to 5 employees:
10 $50.
11 (b)(c) If the place of business has 6 to 10 employees:
12 $150.
13 (c)(d) If the place of business has 11 or more
14 employees: $300.
15 (4) Each initial and renewal application for
16 registration must be accompanied by copies of the applicant's
17 estimate and invoice forms. Such forms must comply with the
18 applicable provisions of this act before a registration may be
19 issued.
20 (5)(4) No annual registration fee is required for any
21 motor vehicle repair shop which has a local municipal or
22 county license issued pursuant to an ordinance containing
23 standards which the department determines are at least equal
24 to the requirements of this part, or for any motor vehicle
25 dealer licensed pursuant to chapter 320.
26 (6)(5) The department shall issue to each applicant a
27 registration certificate in the form and size as prescribed by
28 the department in accordance with s. 120.60. In the case of
29 an applicant with more than one place of business, the
30 department shall issue a registration certificate for each
31 place of business. The certificate must show at least the name
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Bill No. CS for SB 1922
Amendment No. ___ Barcode 861714
1 and address of the motor vehicle repair shop and the
2 registration number for that place of business. In the case of
3 a mobile motor vehicle repair shop, the certificate must show
4 the home address of the owner, if different from the business
5 address.
6 (6) Any affidavit of exemption proof of filing
7 certificate, issued by the department prior to July 1, 1997,
8 to a motor vehicle repair shop conducting only minor repair
9 services shall be valid until its expiration.
10 (10) The department may deny, revoke, or refuse to
11 renew the registration of a motor vehicle repair shop based
12 upon a determination that the motor vehicle repair shop, or
13 any of its directors, officers, owners, or general partners:
14 (a) Have failed to meet the requirements for
15 registration as provided in this part;
16 (b) Have not satisfied a civil fine, administrative
17 fine, or other penalty arising out of any administrative or
18 enforcement action brought by any governmental agency based
19 upon conduct involving fraud, dishonest dealing, or any
20 violation of this part;
21 (c) Have had against them any civil, criminal, or
22 administrative adjudication in any jurisdiction, based upon
23 conduct involving fraud, dishonest dealing, or any violation
24 of this part; or
25 (d) Have had a judgment entered against them in any
26 action brought by the department or the state attorney
27 pursuant to ss. 501.201-501.213 or this part.
28 Section 63. Paragraph (h) of subsection (1) of section
29 559.905, Florida Statutes, is amended to read:
30 559.905 Written motor vehicle repair estimate and
31 disclosure statement required.--
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Bill No. CS for SB 1922
Amendment No. ___ Barcode 861714
1 (1) When any customer requests a motor vehicle repair
2 shop to perform repair work on a motor vehicle, the cost of
3 which repair work will exceed $100 to the customer, the shop
4 shall prepare a written repair estimate, which is a form
5 setting forth the estimated cost of repair work, including
6 diagnostic work, before effecting any diagnostic work or
7 repair. The written repair estimate shall also include the
8 following items:
9 (h) The estimated cost of repair which shall include
10 any charge for shop supplies or for hazardous or other waste
11 removal and, if a charge is included, the estimate shall
12 include the following statement:
13 "This charge represents costs and profits to
14 the motor vehicle repair facility for
15 miscellaneous shop supplies or waste disposal."
16 If a charge is mandated by state or federal law, the estimate
17 shall contain a statement identifying the law and the specific
18 amount charged under the law.
19 Section 64. Subsection (1) of section 559.9221,
20 Florida Statutes, is amended to read:
21 559.9221 Motor Vehicle Repair Advisory Council.--The
22 Motor Vehicle Repair Advisory Council is created to advise and
23 assist the department in carrying out this part.
24 (1) The membership of the council may not exceed 11
25 members appointed by the Commissioner of Agriculture.
26 (a) Eight industry members of the council must be
27 chosen from individuals already engaged in the motor vehicle
28 repair business who are eligible to be registered under this
29 part. Such members must become registered by October 1, 1993.
30 Thereafter, The professional members of this council must be
31 licensed under this part. The commissioner shall select one
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Bill No. CS for SB 1922
Amendment No. ___ Barcode 861714
1 industry member from each of the following categories:
2 1. Independent automotive mechanics shops.
3 2. Franchise or company-owned automotive mechanics
4 shops.
5 3. Independent automotive collision shops.
6 4. Franchise or company-owned automotive collision
7 shops.
8 5. Independent tire dealer.
9 6. Franchise or company-owned tire dealer.
10 7. Independent motor vehicle dealer licensed under s.
11 320.27.
12 8. Franchise motor vehicle dealer licensed under s.
13 320.27.
14 (b) One member of the council may must be chosen from
15 persons already engaged solely in motor vehicle minor repair
16 service.
17 (c) Two consumer members of the council must be
18 residents of this state and must not be connected with the
19 motor vehicle repair business.
20 (d) Within 30 days after July 1, 1993, the
21 commissioner shall appoint one consumer member and four
22 industry members for terms of 2 years and one consumer member,
23 one minor repair shop member, and four industry members for
24 terms of 4 years. As terms of the members expire, the
25 commissioner shall appoint successors for terms of 4 years.
26 Members shall serve from the time of their appointment until
27 their successors are appointed.
28 Section 65. Subsection (5) of section 559.903, Florida
29 Statutes, is repealed.
30 Section 66. Subsection (1) of section 413.407,
31 Florida Statutes, is amended to read:
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SENATE AMENDMENT
Bill No. CS for SB 1922
Amendment No. ___ Barcode 861714
1 413.407 Assistive Technology Advisory Council.--There
2 is created the Assistive Technology Advisory Council,
3 responsible for ensuring consumer involvement in the creation,
4 application, and distribution of technology-related assistance
5 to and for persons who have disabilities. The council shall
6 fulfill its responsibilities through statewide policy
7 development, both state and federal legislative initiatives,
8 advocacy at both the state and federal level, planning of
9 statewide resource allocations, policy-level management,
10 reviews of both consumer responsiveness and the adequacy of
11 program service delivery, and by performing the functions
12 listed in this section.
13 (1)(a) The council shall be composed of:
14 1. Nine persons who have disabilities and who are
15 assistive technology consumers or representatives of consumer
16 organizations concerned with assistive technology.
17 2. Up to nine representatives of business and
18 industry, including the insurance industry, concerned with
19 assistive technology.
20 3. Up to nine representatives of academia, community
21 agencies, and state agencies concerned with assistive
22 technology.
23
24 Total membership on the council shall not exceed 27 at any one
25 time.
26 (b) Members of the council shall be appointed by the
27 Commissioner of Education secretary from a list of candidates
28 proposed by the division director.
29 (c) A majority of council members shall be persons who
30 have disabilities as described in s. 706(8)(B) of the act who
31 are also consumers of assistive technology or family members
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SENATE AMENDMENT
Bill No. CS for SB 1922
Amendment No. ___ Barcode 861714
1 of such persons.
2 (d) The members of the council shall select a
3 chairperson and a co-chairperson two co-chairs from among the
4 membership of the council.
5 1. One chairperson co-chair may be selected from the
6 group described in paragraph (c) and one chairperson co-chair
7 shall be selected from the other council members.
8 2. No chairperson co-chair may be an elected member or
9 an employee of a state agency or of any political subdivision
10 of the state.
11 3. The co-chairperson shall administer the council in
12 the absence of the chairperson.
13 4. The co-chairperson shall assume the role of the
14 chairperson after a 1 year term.
15 5. A new co-chairperson shall be selected by the
16 membership of the council.
17 (e)1. Each member of the council shall serve for a
18 term of not more than 3 years, except that:
19 a. A member appointed to fill a vacancy occurring
20 prior to the expiration of the term for which a predecessor
21 was appointed shall be appointed for the remainder of such
22 term.
23 b. The terms of service of the members shall be
24 staggered through initial appointments of 3 years for
25 one-third, 2 years for one-third, and 1 year for one-third.
26 Each eligible group described in paragraph (a) shall reflect
27 this distribution.
28 2. No member of the council may serve more than two
29 consecutive terms; however, any appointment under
30 sub-subparagraph 1.a., if for less than 18 months, shall not
31 be considered a term for the purposes of this section.
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Amendment No. ___ Barcode 861714
1 (f) Any vacancy occurring in the membership of the
2 council shall be filled in the same manner as the original
3 appointment. A vacancy does not affect the power of the
4 remaining members to execute the duties of the council.
5
6 (Redesignate subsequent sections.)
7
8
9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 On page 4, line 21, after the semicolon
12
13 insert:
14 amending s. 400.925, F.S.; revising
15 definitions; amending s. 427.802, F.S.;
16 revising definitions; amending s. 400.93, F.S.;
17 exempting providers of home medical equipment
18 operated by the Department of Health from
19 certain licensure requirements; amending s.
20 427.803, F.S.; revising warranty requirements;
21 amending s. 427.804, F.S.; conforming
22 references; deleting investigation and
23 complaint processing requirements of the
24 Department of Agriculture and Consumer
25 Services; repealing s. 427.8041, F.S., relating
26 to the registration of assistive technology
27 device dealers; amending s. 496.411, F.S.;
28 requiring charitable organizations or sponsors
29 to display certain information on certain
30 solicitation materials; amending s. 501.017,
31 F.S.; requiring certain health studio contract
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SENATE AMENDMENT
Bill No. CS for SB 1922
Amendment No. ___ Barcode 861714
1 refunds to be issued within a time certain;
2 amending s. 501.019, F.S.; expanding
3 application of felony penalties for knowingly
4 making false representations for certain
5 purposes; amending s. 539.001, F.S.; redefining
6 the term "agency"; prohibiting pawnbrokers from
7 knowingly accepting stolen property; correcting
8 terminology; amending s. 559.801, F.S.;
9 revising a definition; amending s. 559.803,
10 F.S.; revising statements that must be placed
11 in disclosure documents; specifying additional
12 information required in certain business
13 opportunity contract disclosure statements;
14 amending s. 559.807, F.S.; revising application
15 of requirements for certain securities relating
16 to selling business opportunities; amending s.
17 559.809, F.S.; specifying an additional
18 prohibited act by business opportunity sellers;
19 reenacting s. 559.815, F.S., relating to
20 penalties for violations of s. 559.809, F.S.;
21 amending s. 559.902, F.S.; providing an
22 additional exception for certain schools to
23 application of certain motor vehicle repair
24 shop provisions; amending s. 559.904, F.S.;
25 revising certain requirements for motor vehicle
26 repair shop registrations; amending s. 559.905,
27 F.S.; providing additional estimated cost of
28 repair requirements for written repair
29 estimates; amending s. 559.9221, F.S.; revising
30 Motor Vehicle Repair Advisory Council
31 membership requirements; repealing s.
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SENATE AMENDMENT
Bill No. CS for SB 1922
Amendment No. ___ Barcode 861714
1 559.903(5), F.S., relating to a definition of
2 minor repair service; amending s. 413.407,
3 F.S.; revising membership of the Assistive
4 Technology Advisory Council; providing an
5 effective date.
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