Senate Bill sb2180

    Florida Senate - 2003                                  SB 2180

    By Senator Wasserman Schultz





    34-1655-03                                              See HB

  1                      A bill to be entitled

  2         An act relating to the fitting and dispensing

  3         of hearing aids; amending s. 484.0512, F.S.;

  4         providing a criminal penalty for failure of a

  5         seller to refund within a specified time moneys

  6         required to be refunded to a purchaser for the

  7         return or attempted return of a hearing aid;

  8         providing a definition; providing an effective

  9         date.

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

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13         Section 1.  Section 484.0512, Florida Statutes, is

14  amended to read:

15         484.0512  Thirty-day trial period; purchaser's right to

16  cancel; notice; refund; cancellation fee; criminal penalty

17  procedures.--

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

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

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

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

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

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

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

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

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

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

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

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

30  days after notification of availability. The running of the

31  30-day trial period resumes on the day the purchaser reclaims

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    Florida Senate - 2003                                  SB 2180
    34-1655-03                                              See HB




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

 2  day after notification of availability.

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

 4  Speech-Language Pathology and Audiology, shall prescribe by

 5  rule the terms and conditions to be contained in the

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

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

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

 9  licensee. The rules shall also set forth any reasonable

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

11  rule shall be effective on or before December 1, 1994. Should

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

13  cancellation fee which exceeds 5 percent of the total charge

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

15  guarantee, including the total amount available for refund,

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

17  signing of the contract.

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

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

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

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

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

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

24  "person selling a hearing aid" includes:

25         (a)  Any natural person licensed under this part or any

26  other natural person who signs a sales receipt required by s.

27  484.051(2) or s. 468.1245(2) or who otherwise fits, delivers,

28  or dispenses a hearing aid.

29         (b)  Any business organization, whether a sole

30  proprietorship, partnership, corporation, professional

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

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    Florida Senate - 2003                                  SB 2180
    34-1655-03                                              See HB




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

 2  agreement to dispense a hearing aid.

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

 4  establishment or business that dispenses a hearing aid or

 5  enters into an agreement to dispense a hearing aid.

 6         Section 2.  This act shall take effect July 1, 2003.

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