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A bill to be entitled |
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An act relating to the fitting and dispensing of hearing |
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aids; amending s. 484.0512, F.S.; providing a criminal |
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penalty for failure of a seller to refund within a |
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specified time moneys required to be refunded to a |
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purchaser for the return or attempted return of a hearing |
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aid; providing a definition; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 484.0512, Florida Statutes, is amended |
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to read: |
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484.0512 Thirty-day trial period; purchaser's right to |
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cancel; notice; refund; cancellation fee; criminal penalty |
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procedures.-- |
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(1) A person selling a hearing aid in this state must |
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provide the buyer with written notice of a 30-day trial period |
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and money-back guarantee. The guarantee must permit the |
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purchaser to cancel the purchase for a valid reason as defined |
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by rule of the board within 30 days after receiving the hearing |
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aid, by returning the hearing aid or mailing written notice of |
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cancellation to the seller. If the hearing aid must be repaired, |
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remade, or adjusted during the 30-day trial period, the running |
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of the 30-day trial period is suspended 1 day for each 24-hour |
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period that the hearing aid is not in the purchaser's |
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possession. A repaired, remade, or adjusted hearing aid must be |
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claimed by the purchaser within 3 working days after |
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notification of availability. The running of the 30-day trial |
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period resumes on the day the purchaser reclaims the repaired, |
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remade, or adjusted hearing aid or on the fourth day after |
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notification of availability. |
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(2) The board, in consultation with the Board of Speech- |
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Language Pathology and Audiology, shall prescribe by rule the |
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terms and conditions to be contained in the money-back guarantee |
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and any exceptions thereto. Such rule shall provide, at a |
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minimum, that the charges for earmolds and service provided to |
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fit the hearing aid may be retained by the licensee. The rules |
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shall also set forth any reasonable charges to be held by the |
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licensee as a cancellation fee. Such rule shall be effective on |
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or before December 1, 1994. Should the board fail to adopt such |
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rule, a licensee may not charge a cancellation fee which exceeds |
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5 percent of the total charge for a hearing aid alone. The terms |
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and conditions of the guarantee, including the total amount |
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available for refund, shall be provided in writing to the |
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purchaser prior to the signing of the contract. |
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(3) Within 30 days after the return or attempted return of |
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the hearing aid, the seller shall refund all moneys that must be |
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refunded to a purchaser pursuant to this section. A violation of |
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this subsection is a misdemeanor of the first degree, punishable |
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as provided in s. 775.082 or s. 775.083. |
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(4) For purposes of this section, the term "seller" or |
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"person selling a hearing aid" includes:
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(a) Any natural person licensed under this part or any |
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other natural person who signs a sales receipt required by s. |
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484.051(2) or s. 468.1245(2) or who otherwise fits, delivers, or |
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dispenses a hearing aid.
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(b) Any business organization, whether a sole |
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proprietorship, partnership, corporation, professional |
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association, joint venture, business trust, or other legal |
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entity, which dispenses a hearing aid or enters into an |
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agreement to dispense a hearing aid.
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(c) Any person who controls, manages, or operates an |
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establishment or business that dispenses a hearing aid or enters |
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into an agreement to dispense a hearing aid.
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Section 2. This act shall take effect July 1, 2003. |