HOUSE AMENDMENT Bill No. HB 1791
1	CHAMBER ACTION
2	Senate House
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12	Representative Paul offered the following:
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14	Amendment (with title amendment)
15	Between line(s) 1488 and 1489, insert:
16	Section 56. In order to implement Specific Appropriations
17	1335-1339 of the 2003-2004 General Appropriations Act, section
18	570.544, Florida Statutes, is amended to read:
19	570.544 Division of Consumer Services; director; powers;
20	processing of complaints;records.--
21	(1) The director of the Division of Consumer Services
22	shall be appointed by and serve at the pleasure of the
23	commissioner.
24	(2) The Division of Consumer Services may:
25	(a) Conduct studies and make analyses of matters affecting
26	the interests of consumers.
27	(b) Study the operation of laws for consumer protection.
28	(c) Advise and make recommendations to the various state
29	agencies concerned with matters affecting consumers.
30	(d) Assist, advise, and cooperate with local, state, or
31	federal agencies and officials in order to promote the interests
32	of consumers.
33	(e) Make use of the testing and laboratory facilities of
34	the department for the detection of consumer fraud.
35	(f) Report to the appropriate law enforcement officers any
36	information concerning violation of consumer protection laws.
37	(g) Assist, develop, and conduct programs of consumer
38	education and consumer information through publications and
39	other informational and educational material prepared for
40	dissemination to the public, in order to increase the competence
41	of consumers.
42	(h) Organize and hold conferences on problems affecting
43	consumers.
44	(i) Recommend programs to encourage business and industry
45	to maintain high standards of honesty, fair business practices,
46	and public responsibility in the production, promotion, and sale
47	of consumer goods and services.
48	(3) In addition to the powers, duties, and
49	responsibilities authorized by this or any other chapter, the
50	Division of Consumer Services shall serve as a clearinghouse for
51	matters relating to consumer protection, consumer information,
52	and consumer services generally. It shall receive complaints and
53	grievances from consumers and promptly transmit them to that
54	agency most directly concerned in order that the complaint or
55	grievance may be expeditiously handled in the best interests of
56	the complaining consumer. If no agency exists, the Division of
57	Consumer Services shall seek a settlement of the complaint using
58	formal or informal methods of mediation and conciliation and may
59	seek any other resolution of the matter in accordance with its
60	jurisdiction.
61	(4) If any complaint received by the Division of Consumer
62	Services concerns matters which involve concurrent jurisdiction
63	in more than one agency, duplicate copies of the complaint shall
64	be referred to those offices deemed to have concurrent
65	jurisdiction.
66	(5)(a) Any agency, office, bureau, division, or board of
67	state government receiving a complaint which deals with consumer
68	fraud or consumer protection and which is not within the
69	jurisdiction of the receiving agency, office, bureau, division,
70	or board originally receiving it, shall immediately refer the
71	complaint to the Division of Consumer Services.
72	(b) Upon receipt of such a complaint, the Division of
73	Consumer Services shall make a determination of the proper
74	jurisdiction to which the complaint relates and shall
75	immediately refer the complaint to the agency, office, bureau,
76	division, or board which does have the proper regulatory or
77	enforcement authority to deal with it.
78	(6)(a) The office or agency to which a complaint has been
79	referred shall within 30 days acknowledge receipt of the
80	complaint and report on the disposition made of the complaint.
81	In the event a complaint has not been disposed of within 30
82	days, the receiving office or agency shall file progress reports
83	with the Division of Consumer Services no less frequently than
84	30 days until final disposition.
85	(b) The report shall contain at least the following
86	information:
87	1. A finding of whether the receiving agency has
88	jurisdiction of the subject matter involved in the complaint.
89	2. Whether the complaint is deemed to be frivolous, sham,
90	or without basis in fact or law.
91	3. What action has been taken and a report on whether the
92	original complainant was satisfied with the final disposition.
93	4. Any recommendation regarding needed changes in law or
94	procedure which in the opinion of the reporting agency or office
95	will improve consumer protection in the area involved.
96	(7)(a) If the office or agency receiving a complaint fails
97	to file a report as contemplated in this section, that failure
98	shall be construed as a denial by the receiving office or agency
99	that it has jurisdiction of the subject matter contained in the
100	complaint.
101	(b) If an office or agency receiving a complaint
102	determines that the matter presents a prima facie case for
103	criminal prosecution or if the complaint cannot be settled at
104	the administrative level, the complaint together with all
105	supporting evidence shall be transmitted to the Department of
106	Legal Affairs or other appropriate enforcement agency with a
107	recommendation for civil or criminal action warranted by the
108	evidence.
109	(3)(8)The records of the Division of Consumer Services
110	are public records. However, customer lists, customer names, and
111	trade secrets are confidential and exempt from the provisions of
112	s. 119.07(1). Disclosure necessary to enforcement procedures
113	shall not be construed as violative of this prohibition.
114	(4)(9)It shall be the duty of the Division of Consumer
115	Services to maintain records and compile summaries and analyses
116	of consumer complaints under its jurisdictionand their eventual
117	disposition, which data may serve as a basis for recommendations
118	to the Legislature and to state regulatory agencies.
119	Section 57. The amendment of s. 570.544, Florida Statutes,
120	by this act shall expire on July 1, 2004, and the text of that
121	section shall revert to that in existence on June 30, 2003,
122	except that any amendments to such text enacted other than by
123	this act shall be preserved and continue to operate to the
124	extent that such amendments are not dependent upon the portions
125	of such text which expire pursuant to the provisions of this
126	act.
127	Section 58. In order to implement Specific Appropriations
128	1335-1339 of the 2003-2004 General Appropriations Act, section
129	526.3135, Florida Statutes, is amended to read:
130	526.3135 Reports by the Division of Standards.--The
131	Division of Standards is directed to compile a report pursuant
132	to s. 570.544 of all complaints received by the Department of
133	Agriculture and Consumer Services pursuant to this act. Such
134	report shall contain at least the information required by s.
135	570.544(6)(b)2.-4. and shallbe presented to the Speaker of the
136	House of Representatives and the President of the Senate no
137	later than January 1 of each year.
138	Section 59. The amendment of s. 526.3135, Florida
139	Statutes, by this act shall expire on July 1, 2004, and the text
140	of that section shall revert to that in existence on June 30,
141	2003, except that any amendments to such text enacted other than
142	by this act shall be preserved and continue to operate to the
143	extent that such amendments are not dependent upon the portions
144	of such text which expire pursuant to the provisions of this
145	act.
146	Section 60. In order to implement Specific Appropriations
147	1335-1339 of the 2003-2004 General Appropriations Act,
148	subsection (2) of section 559.921, Florida Statutes, is amended
149	to read:
150	559.921 Remedies.--
151	(2) The department shall referprocess consumer complaints
152	to the Division of Consumer Servicesaccording to ss. 570.07 and
153	570.544.
154	Section 61. The amendment of subsection (2) of s. 559.921,
155	Florida Statutes, by this act shall expire on July 1, 2004, and
156	the text of that subsection shall revert to that in existence on
157	June 30, 2003, except that any amendments to such text enacted
158	other than by this act shall be preserved and continue to
159	operate to the extent that such amendments are not dependent
160	upon the portions of such text which expire pursuant to the
161	provisions of this act.
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163	================= T I T L E A M E N D M E N T =================
164	Between line(s) 125 and 126, insert:
165	amending s. 570.544, F.S.; eliminating consumer complaint
166	processing responsibilities of the Division of Consumer Services
167	of the Department of Agriculture and Consumer Services; amending
168	ss. 526.3135 and 559.921, F.S., to conform;