CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 344

    Amendment No. ___   Barcode 551186

                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 1, line 12,

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16  insert:

17         Section 1.  Section 501.976, Florida Statutes, is

18  amended to read:

19         501.976  Actionable, unfair, or deceptive acts or

20  practices.--It is an unfair or deceptive act or practice,

21  actionable under the Florida Deceptive and Unfair Trade

22  Practices Act, for a dealer to:

23         (1)  Represent directly or indirectly that a motor

24  vehicle is a factory executive vehicle or executive vehicle

25  unless such vehicle was purchased directly from the

26  manufacturer or a subsidiary of the manufacturer and the

27  vehicle was used exclusively by the manufacturer, its

28  subsidiary, or a dealer for the commercial or personal use of

29  the manufacturer's, subsidiary's, or dealer's employees.

30         (2)  Represent directly or indirectly that a vehicle is

31  a demonstrator unless the vehicle was driven by prospective

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                                                  SENATE AMENDMENT

    Bill No. SB 344

    Amendment No. ___   Barcode 551186





  1  customers of a dealership selling the vehicle and such vehicle

  2  complies with the definition of a demonstrator in s.

  3  320.60(3).

  4         (3)  Represent the previous usage or status of a

  5  vehicle to be something that it was not, or make usage or

  6  status representations unless the dealer has correct

  7  information regarding the history of the vehicle to support

  8  the representations.

  9         (4)  Represent the quality of care, regularity of

10  servicing, or general condition of a vehicle unless known by

11  the dealer to be true and supportable by material fact.

12         (5)  Represent orally or in writing that a particular

13  vehicle has not sustained structural or substantial skin

14  damage unless the statement is made in good faith and the

15  vehicle has been inspected by the dealer or his agent to

16  determine whether the vehicle has incurred such damage.

17         (6)  Sell a vehicle without fully and conspicuously

18  disclosing in writing at or before the consummation of sale

19  any warranty or guarantee terms, obligations, or conditions

20  that the dealer or manufacturer has given to the buyer. If the

21  warranty obligations are to be shared by the dealer and the

22  buyer, the method of determining the percentage of repair

23  costs to be assumed by each party must be disclosed. If the

24  dealer intends to disclaim or limit any expressed or implied

25  warranty, the disclaimer must be in writing in a conspicuous

26  manner and in layman's terms in accordance with chapter 672

27  and the Magnuson-Moss Warranty--Federal Trade Commission

28  Improvement Act.

29         (7)  Provide an express or implied warranty and fail to

30  honor such warranty unless properly disclaimed pursuant to

31  subsection (6).

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                                                  SENATE AMENDMENT

    Bill No. SB 344

    Amendment No. ___   Barcode 551186





  1         (8)  Misrepresent warranty coverage, application

  2  period, or any warranty transfer cost or conditions to a

  3  customer.

  4         (9)  Obtain signatures from a customer on contracts

  5  that are not fully completed at the time the customer signs or

  6  which do not reflect accurately the negotiations and agreement

  7  between the customer and the dealer.

  8         (10)  Require or accept a deposit from a prospective

  9  customer prior to entering into a binding contract for the

10  purchase and sale of a vehicle unless the customer is given a

11  written receipt that states how long the dealer will hold the

12  vehicle from other sale and the amount of the deposit, and

13  clearly and conspicuously states whether and upon what

14  conditions the deposit is refundable or nonrefundable.

15         (11)  Add to the cash price of a vehicle as defined in

16  s. 520.02(2) any fee or charge other than those provided in

17  that section and in rule 3D-50.001, Florida Administrative

18  Code. All fees or charges permitted to be added to the cash

19  price by rule 3D-50.001, Florida Administrative Code, must be

20  fully disclosed to customers in all binding contracts

21  concerning the vehicle's selling price.

22         (12)  Alter or change the odometer mileage of a

23  vehicle.

24         (13)  Sell a vehicle without disclosing to the customer

25  the actual year and model of the vehicle.

26         (14)  File a lien against a new vehicle purchased with

27  a check unless the dealer fully discloses to the purchaser

28  that a lien will be filed if purchase is made by check and

29  fully discloses to the buyer the procedures and cost to the

30  buyer for gaining title to the vehicle after the lien is

31  filed.

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                                                  SENATE AMENDMENT

    Bill No. SB 344

    Amendment No. ___   Barcode 551186





  1         (15)  Increase the price of the vehicle after having

  2  accepted an order of purchase or a contract from a buyer,

  3  notwithstanding subsequent receipt of an official price change

  4  notification. The price of a vehicle may be increased after a

  5  dealer accepts an order of purchase or a contract from a buyer

  6  if:

  7         (a)  A trade-in vehicle is reappraised because it

  8  subsequently is damaged, or parts or accessories are removed;

  9         (b)  The price increase is caused by the addition of

10  new equipment, as required by state or federal law;

11         (c)  The price increase is caused by the revaluation of

12  the United States dollar by the Federal Government, in the

13  case of a foreign-made vehicle;

14         (d)  The price increase is caused by state or federal

15  tax rate changes; or

16         (e)  Price protection is not provided by the

17  manufacturer, importer, or distributor.

18         (16)  Advertise the price of a vehicle unless the

19  vehicle is identified by year, make, model, and a commonly

20  accepted trade, brand, or style name. The advertised price

21  must include all fees or charges that the customer must pay,

22  including freight or destination charge, dealer preparation

23  charge, and charges for undercoating or rustproofing. State

24  and local taxes, tags, registration fees, and title fees,

25  unless otherwise required by local law or standard, need not

26  be disclosed in the advertisement. When two or more dealers

27  advertise jointly, with or without participation of the

28  franchiser, the advertised price need not include fees and

29  charges that are variable among the individual dealers

30  cooperating in the advertisement, but the nature of all

31  charges that are not included in the advertised price must be

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                                                  SENATE AMENDMENT

    Bill No. SB 344

    Amendment No. ___   Barcode 551186





  1  disclosed in the advertisement.

  2         (17)  Charge a customer for any predelivery service

  3  required by the manufacturer, distributor, or importer for

  4  which the dealer is reimbursed by the manufacturer,

  5  distributor, or importer.

  6         (18)  Charge a customer for any predelivery service

  7  without having printed on all documents that include a line

  8  item for predelivery service the following disclosure: "This

  9  charge represents costs and profit to the dealer for items

10  such as inspecting, cleaning, and adjusting vehicles, and

11  preparing documents related to the sale."

12         (19)  Add an additional charge for predelivery service

13  other than those shown on a conspicuous label attached to the

14  window of the vehicle specifying any charges for predelivery

15  services and describing the charges as predelivery services,

16  delivery and handling, dealer preparation, or in similar terms

17  the dealer's charge for each dealer-installed option, and a

18  total price line.

19         (20)  Fail to disclose damage to a new motor vehicle,

20  as defined in s. 319.001(4), of which the dealer had actual

21  knowledge, if the dealer's actual cost of repairs exceeds the

22  threshold amount, excluding replacement items.

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24  In any civil litigation resulting from a violation of this

25  section, when evaluating the reasonableness of an award of

26  attorney's fees to a private person, the trial court shall

27  consider the amount of actual damages in relation to the time

28  spent; the time and labor required, the novelty, complexity,

29  and difficulty of the questions involved, and the skill

30  requisite to perform the legal service properly; the

31  likelihood that the acceptance of the particular employment

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                                                  SENATE AMENDMENT

    Bill No. SB 344

    Amendment No. ___   Barcode 551186





  1  will preclude other employment by the lawyer; the fee, or rate

  2  of fee, customarily charged in the locality for legal services

  3  of a comparable or similar nature; the significance of, or

  4  amount involved in, the subject matter of the representation;

  5  the responsibility involved in the representation and the

  6  results obtained; the time limitations imposed by the client

  7  or by the circumstances and, as between attorney and client,

  8  any additional or special time demands or requests of the

  9  attorney by the client; the nature and length of the

10  professional relationship with the client; the experience,

11  reputation, diligence, and ability of the lawyer or lawyers

12  performing the service, and the skill, expertise, or

13  efficiency of the effort reflected in the actual providing of

14  such services; and whether the fee is fixed or contingent and,

15  if fixed as to amount or rate, whether the client's ability to

16  pay rested any significant degree on the outcome of

17  representation.

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19  (Redesignate subsequent sections.)

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21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         On page 1, line 2, delete that line

25

26  and insert:

27         An act relating to deceptive and unfair trade

28         practices; amending s. 501.976, F.S.; providing

29         additional factors for the court to consider in

30         evaluating the reasonableness of an award of

31         attorney's fees in civil litigation involving

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                                                  SENATE AMENDMENT

    Bill No. SB 344

    Amendment No. ___   Barcode 551186





  1         an unfair or deceptive act or practice;

  2         repealing s.

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