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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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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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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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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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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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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