House Bill hb1489

    Florida House of Representatives - 2002                HB 1489

        By Representative Wishner






  1                      A bill to be entitled

  2         An act relating to motor vehicle lease

  3         disclosure; amending s. 521.004, F.S.;

  4         requiring retail lessors to disclose charges

  5         assessed for wear and tear in the lease

  6         agreement; amending s. 521.006, F.S.; directing

  7         the Department of Agriculture and Consumer

  8         Services to provide, by rule, for a definition

  9         of "wear and tear of a leased vehicle";

10         providing a penalty; providing an effective

11         date.

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

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15         Section 1.  Subsection (3) is added to section 521.004,

16  Florida Statutes, to read:

17         521.004  Disclosures.--A retail lessor must:

18         (3)  Include disclosure in the lease agreement of the

19  charges assessed to the lessee with respect to wear and tear

20  of the leased vehicle. The Department of Agriculture and

21  Consumer Services shall provide, by rule, for a uniform

22  definition of "wear and tear of a leased vehicle," to be

23  utilized in lease agreements. Such a rule shall be adopted by

24  July 1, 2002.

25         Section 2.  Section 521.006, Florida Statutes, reads:

26         521.006  Civil remedies.--

27         (1)  A retail lessor who fails to comply with the

28  requirements of this act shall be liable to the retail lessee

29  for actual damages sustained, a civil penalty of up to $1,000

30  per lease transaction, and reasonable attorney fees and costs.

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    Florida House of Representatives - 2002                HB 1489

    798-117-02






  1         (2)  In addition to any other remedies provided by law,

  2  a retail lessee may bring an action in circuit court to

  3  recover actual damages sustained, civil penalties up to $1,000

  4  per lease transaction, and reasonable attorney fees and costs.

  5         (3)  In addition to any other remedies provided by law

  6  except for subsection (2), the Department of Legal Affairs may

  7  bring an action in circuit court to recover actual damages

  8  sustained and civil penalties up to $1,000 per lease

  9  transaction on behalf of a consumer, and reasonable attorney

10  fees and costs.

11         (4)  An action authorized by this section must be

12  brought within 1 year from the date of the last payment under

13  the lease agreement.

14         (5)  A bona fide printing error identified on the face

15  of the lease agreement shall not constitute a violation of

16  this act.

17         Section 3.  This act shall take effect upon becoming a

18  law.

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21                          HOUSE SUMMARY

22
      Revises the provisions of the Motor Vehicle Lease
23    Disclosure Act to require disclosure of charges assessed
      to the lessee with respect to wear and tear of the leased
24    vehicle. Directs the Department of Agriculture and
      Consumer Services to provide, by rule adopted on or
25    before July 1, 2002, for a definition of "wear and tear
      of a leased vehicle."
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CODING: Words stricken are deletions; words underlined are additions.