Senate Bill sb0420c1

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    Florida Senate - 2002                            CS for SB 420

    By the Committee on Commerce and Economic Opportunities; and
    Senator Burt




    310-2016-02

  1                      A bill to be entitled

  2         An act relating to consumer services; creating

  3         s. 468.90, F.S.; prohibiting employment

  4         agencies and assistance referral services from

  5         charging advance fees and not providing the

  6         promised services; defining terms; providing a

  7         criminal penalty; amending s. 484.0512, F.S.;

  8         providing a criminal penalty for sellers of

  9         hearing aids who fail to make required refunds;

10         defining the terms "seller" and "person selling

11         a hearing aid"; amending ss. 489.128, 489.532,

12         F.S.; providing legislative intent that courts

13         should order restitution in cases of unlicensed

14         contracting; creating s. 501.162, F.S.;

15         providing a criminal penalty for a violation of

16         s. 501.160, F.S.; amending ss. 817.7005,

17         817.701, 817.702, 817.703, F.S.; prohibiting

18         credit service organizations from accepting

19         money in advance of performing services;

20         conforming provisions to this prohibition;

21         revising the content of an information

22         statement to a buyer of services of a credit

23         service organization to conform to federal

24         provisions on the time period for requesting

25         review of certain consumer reporting agency

26         files; authorizing the Attorney General to

27         enforce the Credit Repair Organizations Act;

28         providing an effective date.

29

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

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    Florida Senate - 2002                            CS for SB 420
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  1         Section 1.  Section 468.90, Florida Statutes, is

  2  created to read:

  3         468.90  Employment agencies and assistance referral

  4  services.--

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

  6  abusive business practices by employment agencies or

  7  assistance referral services which endanger the economic

  8  welfare of the public.

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

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

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

12  corporation, or another business entity that, for

13  compensation, engages in the business of procuring or

14  attempting to procure employment for an applicant.

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

16  through an employment agency or an assistance referral

17  service.

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

19  consideration, including registration fees and interview fees,

20  which is assessed or collected by any employment agency or

21  assistance referral service prior to an applicant being

22  employed through its efforts.

23         (3)  PROHIBITIONS.--

24         (a)  An employment agency or assistance referral

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

26  from an applicant.

27         (b)  An employment agency or assistance referral

28  service may not falsely portray the existence of employment

29  opportunities or falsely guarantee employment or interviews

30  either verbally or in writing.

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    Florida Senate - 2002                            CS for SB 420
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  1         (4)  PENALTY.--A person who violates this section is

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

  3  provided in s. 775.082 or s. 775.083.

  4         Section 2.  Section 484.0512, Florida Statutes, is

  5  amended to read:

  6         484.0512  Thirty-day trial period; purchaser's right to

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

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

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

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

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

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

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

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

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

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

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

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

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

20  days after notification of availability. The running of the

21  30-day trial period resumes on the day the purchaser reclaims

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

23  day after notification of availability.

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

25  Speech-Language Pathology and Audiology, shall prescribe by

26  rule the terms and conditions to be contained in the

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

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

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

30  licensee. The rules shall also set forth any reasonable

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

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    Florida Senate - 2002                            CS for SB 420
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  1  rule shall be effective on or before December 1, 1994. Should

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

  3  cancellation fee which exceeds 5 percent of the total charge

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

  5  guarantee, including the total amount available for refund,

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

  7  signing of the contract.

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

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

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

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

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

13         (4)  For purposes of this section, the term "seller" or

14  "person selling a hearing aid" includes:

15         (a)  Any natural person licensed under this chapter or

16  any other natural person who signs a sales receipt required by

17  s. 484.051(2) or s. 468.1245(2) or who otherwise fits,

18  delivers, or dispenses a hearing aid.

19         (b)  Any business organization, whether a sole

20  proprietorship, partnership, corporation, professional

21  association, joint venture, business trust, or other legal

22  entity, which dispenses a hearing aid or enters into an

23  agreement to dispense a hearing aid.

24         (c)  Any person who controls, manages, or operates an

25  establishment or business that dispenses a hearing aid or

26  enters into an agreement to dispense a hearing aid.

27         Section 3.  Section 489.128, Florida Statutes, is

28  amended to read:

29         489.128  Contracts performed by unlicensed contractors

30  unenforceable.--

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    Florida Senate - 2002                            CS for SB 420
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  1         (1)  As a matter of public policy, contracts entered

  2  into on or after October 1, 1990, and performed in full or in

  3  part by any contractor who fails to obtain or maintain a

  4  license in accordance with this part shall be unenforceable in

  5  law or in equity.

  6         (2)  The Legislature finds that consumers often suffer

  7  damages as a result of the practices of unlicensed persons. It

  8  is the intent of the Legislature that the courts recognize a

  9  connection between unlicensed contracting and damages suffered

10  by consumers. Therefore, courts of competent jurisdiction

11  should order restitution in cases of unlicensed contracting.

12         Section 4.  Section 489.532, Florida Statutes, is

13  amended to read:

14         489.532  Contracts performed by unlicensed contractors

15  unenforceable.--

16         (1)  As a matter of public policy, contracts entered

17  into on or after October 1, 1990, and performed in full or in

18  part by any contractor who fails to obtain or maintain his or

19  her license in accordance with this part shall be

20  unenforceable in law, and the court in its discretion may

21  extend this provision to equitable remedies.

22         (2)  The Legislature finds that consumers often suffer

23  damages as a result of the practices of unlicensed persons. It

24  is the intent of the Legislature that the courts recognize a

25  connection between unlicensed contracting and damages suffered

26  by consumers. Therefore, courts of competent jurisdiction

27  should order restitution in cases of unlicensed contracting.

28         Section 5.  Section 501.162, Florida Statutes, is

29  created to read:

30         501.162  Criminal penalties.--A person who violates the

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

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    Florida Senate - 2002                            CS for SB 420
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  1  first degree, punishable as provided in s. 775.082 or s.

  2  775.083.

  3         Section 6.  Section 817.7005, Florida Statutes, is

  4  amended to read:

  5         817.7005  Prohibited acts.--A credit service

  6  organization, its salespersons, agents, and representatives,

  7  and independent contractors who sell or attempt to sell the

  8  services of a credit service organization shall not do any of

  9  the following:

10         (1)  Charge or receive any money or other valuable

11  consideration prior to full and complete performance of the

12  services the credit service organization has agreed to perform

13  for the buyer, unless the credit service organization has

14  obtained a surety bond of $10,000 issued by a surety company

15  admitted to do business in this state and has established a

16  trust account at a federally insured bank or savings and loan

17  association located in this state; however, where a credit

18  service organization has obtained a surety bond and

19  established a trust account as provided herein, the credit

20  service organization may charge or receive money or other

21  valuable consideration prior to full and complete performance

22  of the services it has agreed to perform for the buyer but

23  shall deposit all money or other valuable consideration

24  received in its trust account until the full and complete

25  performance of the services it has agreed to perform for the

26  buyer;

27         (2)  Charge or receive any money or other valuable

28  consideration solely for referral of the buyer to a retail

29  seller or to any other credit grantor, who will or may extend

30  credit to the buyer if the credit that is or will be extended

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    Florida Senate - 2002                            CS for SB 420
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  1  to the buyer is upon substantially the same terms as those

  2  available to the general public;

  3         (3)  Make, or counsel or advise any buyer to make, any

  4  statement that is false or misleading or that should be known

  5  by the exercise of reasonable care to be false or misleading,

  6  or omit any material fact to a consumer reporting agency or to

  7  any person who has extended credit to a buyer or to whom a

  8  buyer is applying for an extension of credit with respect to a

  9  buyer's credit worthiness, credit standing, or credit

10  capacity; or

11         (4)  Make or use any false or misleading

12  representations or omit any material fact in the offer or sale

13  of the services of a credit service organization or engage,

14  directly or indirectly, in any act, practice, or course of

15  business that operates or would operate as fraud or deception

16  upon any person in connection with the offer or sale of the

17  services of a credit service organization, notwithstanding the

18  absence of reliance by the buyer.

19         Section 7.  Section 817.701, Florida Statutes, is

20  amended to read:

21         817.701  Surety bonds; exemption.--

22         (1)  The credit service organization or any

23  salesperson, agent, or representative of the credit service

24  organization must obtain a surety bond in the amount of

25  $10,000 which is issued by a surety company admitted to do

26  business in this state.

27         (2)  Notwithstanding subsection (1), the requirement to

28  obtain a surety bond and establish a trust account as provided

29  in s. 817.7005(1) shall be waived for any salesperson, agent,

30  or representative of a credit service organization if where

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    Florida Senate - 2002                            CS for SB 420
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  1  the credit service organization obtains such a surety bond and

  2  establishes such trust account.

  3         Section 8.  Section 817.702, Florida Statutes, is

  4  amended to read:

  5         817.702  Statement to buyer.--Upon execution of the

  6  contract as provided in s. 817.704 or agreement between the

  7  buyer and a credit service organization and before the receipt

  8  by the credit service organization of any money or other

  9  valuable consideration, whichever occurs first, the credit

10  service organization shall provide the buyer with a statement,

11  in writing, containing all the information required by s.

12  817.703.  The credit service organization shall maintain on

13  file for a period of 5 years an exact copy of the statement,

14  personally signed by the buyer, acknowledging receipt of a

15  copy of the statement.

16         Section 9.  Subsections (1), (5), and (6) of section

17  817.703, Florida Statutes, are amended to read:

18         817.703  Information statement.--The information

19  statement required under s. 817.702 shall include all of the

20  following:

21         (1)(a)  A complete and accurate statement of the

22  buyer's right to review any file on the buyer maintained by

23  any consumer reporting agency, as provided under the Federal

24  Fair Credit Reporting Act, 15 U.S.C. ss. 1681-1681t;

25         (b)  A statement that the buyer may review his or her

26  consumer reporting agency file at no charge if a request is

27  made to the consumer reporting agency within 60 30 days after

28  receiving notice that credit has been denied; and

29         (c)  The approximate price the buyer will be charged by

30  the consumer reporting agency to review his or her consumer

31  reporting agency file.

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    Florida Senate - 2002                            CS for SB 420
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  1         (5)  A statement notifying the buyer of his or her

  2  right to proceed against the bond or trust account required

  3  under s. 817.701 s. 817.7005.

  4         (6)  The name and address of the surety company that

  5  which issued the bond, or the name and address of the

  6  depository and the trustee and the account number of the trust

  7  account.

  8         Section 10.  Pursuant to 15 U.S.C. s. 1679h(c), the

  9  Attorney General is authorized to enforce the provisions of

10  the Credit Repair Organizations Act codified in 15 U.S.C. ss.

11  1679 et seq.

12         Section 11.  This act shall take effect July 1, 2002.

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14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 420

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17  The committee substitute amends s. 817.703(1)(b), F.S., to
    conform to the federal Fair Credit Reporting Act, by providing
18  consumers with 60 days after the denial of credit to request a
    free copy of their credit reports. The committee substitute
19  also clarifies that the Attorney General is authorized to
    enforce the federal Credit Repair Organizations Act.
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