Senate Bill sb1312c1

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    Florida Senate - 2005                           CS for SB 1312

    By the Committee on Commerce and Consumer Services; and
    Senator Carlton




    577-1751-05

  1                      A bill to be entitled

  2         An act relating to the recreational vehicles;

  3         amending s. 479.261, F.S.; requiring the

  4         Department of Transportation to incorporate

  5         certain markers on logo signs for certain

  6         establishments; requiring the department to

  7         adopt rules regarding the incorporation of

  8         those markers; amending s. 681.1096, F.S.;

  9         eliminating future termination of the program;

10         revising requirements for program certification

11         to ensure neutrality of dispute resolution;

12         providing guidelines for the training of

13         arbitrators and mediators; providing that the

14         program must complete all mediation and

15         arbitration within 70 days after receipt of the

16         consumer's claim; requiring the program to

17         gather and make available all documents

18         relevant to a dispute; providing consumer

19         exemption from mediation when at least one

20         manufacturer does not qualify for the program;

21         authorizing the Department of Legal Affairs to

22         revoke the qualification of a noncompliant

23         program; providing for notice to programs and

24         manufacturers not in compliance, for

25         opportunity to correct deficiencies, and for

26         administrative hearings; requiring the program

27         to maintain dispute records; creating an annual

28         reporting requirement; providing the program

29         with rulemaking authority to implement

30         provisions of this section; amending s.

31         681.1097, F.S.; providing and revising dispute

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    Florida Senate - 2005                           CS for SB 1312
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 1         resolution guidelines for consumers of

 2         recreational vehicles; requiring consumers to

 3         submit their dispute to the program; providing

 4         that the claim is considered filed when it is

 5         date-stamped as received by the program;

 6         requiring the consumer's application form to be

 7         prescribed by the program; requiring the

 8         program administrator to screen all

 9         applications to determine eligibility;

10         requiring the program administrator to provide

11         notice of rejected applications; providing for

12         mandatory mediation and the expansion of the

13         scope of mediation at the consent of the

14         parties; providing guidelines for mediation

15         proceedings; requiring written response of

16         manufacturers to consumer allegations; removing

17         requirement that the program administrator

18         notify the department of the mediation outcome;

19         extending the deadline for consumer

20         notification to the program administrator of a

21         manufacturer's failure in comply with a

22         mediation decision; revising guidelines for

23         arbitration proceedings; providing that

24         technical rules of evidence do not apply to

25         arbitration proceedings; providing for the

26         expansion of the scope of arbitration at the

27         consent of the parties; requiring the

28         arbitrator's decision to consider all legal and

29         equitable factors; providing consumers with

30         means for civil enforcement of an award;

31         extending the deadline for consumer

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    Florida Senate - 2005                           CS for SB 1312
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 1         notification to the program administrator of a

 2         manufacturer's failure in comply with an

 3         arbitration decision; providing that the

 4         arbitrator's decision is admissible as evidence

 5         in certain civil actions; providing an

 6         effective date.

 7  

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

 9  

10         Section 1.  Subsection (1) of section 479.261, Florida

11  Statutes, is amended to read:

12         479.261  Logo sign program.--

13         (1)  The department shall establish a logo sign program

14  for the rights-of-way of the interstate highway system to

15  provide information to motorists about available gas, food,

16  lodging, and camping services at interchanges, through the use

17  of business logos, and may include additional interchanges

18  under the program.  A logo sign for nearby attractions may be

19  added to this program if allowed by federal rules.

20         (a)  An attraction as used in this chapter is defined

21  as an establishment, site, facility, or landmark which is open

22  a minimum of 5 days a week for 52 weeks a year; which charges

23  an admission for entry; which has as its principal focus

24  family-oriented entertainment, cultural, educational,

25  recreational, scientific, or historical activities; and which

26  is publicly recognized as a bona fide tourist attraction.

27  However, the permits for businesses seeking to participate in

28  the attractions logo sign program shall be awarded by the

29  department annually to the highest bidders, notwithstanding

30  the limitation on fees in subsection (5), which are qualified

31  for available space at each qualified location, but the fees

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    Florida Senate - 2005                           CS for SB 1312
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 1  therefor may not be less than the fees established for logo

 2  participants in other logo categories.

 3         (b)  The department shall incorporate the use of RV

 4  friendly markers on specific information logo signs for

 5  establishments that cater to the needs of persons driving

 6  recreational vehicles. Establishments that qualify for

 7  participation in the specific information logo program and

 8  that also qualify as "RV friendly" may request the RV friendly

 9  marker on their specific information logo sign. An RV friendly

10  marker is a bright yellow circle with a crescent smile under

11  the letters "RV." The department shall adopt rules in

12  accordance with chapter 120 to administer this paragraph,

13  including rules setting forth the minimum requirements that

14  establishments must meet in order to qualify as RV friendly.

15  These requirements shall include large parking spaces,

16  entrances, and exits that can easily accommodate recreational

17  vehicles and facilities having appropriate overhead

18  clearances, if applicable.

19         Section 2.  Section 681.1096, Florida Statutes, is

20  amended to read:

21         681.1096  Pilot RV Mediation and Arbitration Program;

22  creation and qualifications.--

23         (1)  This section and s. 681.1097 shall apply to

24  disputes determined eligible under this chapter involving

25  recreational vehicles acquired on or after October 1, 1997,

26  and shall remain in effect until September 30, 2006, at which

27  time recreational vehicle disputes shall be subject to the

28  provisions of ss. 681.109 and 681.1095. The Attorney General

29  shall report to the President of the Senate, the Speaker of

30  the House of Representatives, the Minority Leader of each

31  

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 1  house of the Legislature, and appropriate legislative

 2  committees regarding the effectiveness of the pilot program.

 3         (2)  Each manufacturer of a recreational vehicle

 4  involved in a dispute that is determined eligible under this

 5  chapter, including chassis and component manufacturers which

 6  separately warrant the chassis and components and which

 7  otherwise meet the definition of manufacturer set forth in s.

 8  681.102(14), shall participate in a mediation and arbitration

 9  program that is deemed qualified by the department.

10         (3)  In order to be deemed qualified by the department,

11  the mediation and arbitration program must, at a minimum, meet

12  the following requirements:

13         (a)  The program must be administered by an

14  administrator and staff that are is sufficiently insulated

15  from the manufacturer to ensure impartial mediation and

16  arbitration services and to ensure that a manufacturer does

17  not make decisions as to whether a consumer's dispute proceeds

18  to mediation or arbitration.

19         (b)  Program administration fees must be timely paid by

20  the manufacturer, and no such fees shall be charged to a

21  consumer.

22         (c)  The program must be competently and adequately

23  funded and staffed at a level sufficient to ensure the

24  provision of fair and expeditious dispute resolution services.

25         (d)  Program mediators and arbitrators must be

26  sufficiently insulated from a manufacturer to ensure the

27  provision of impartial mediation and arbitration of disputes.

28         (e)  Program mediators and arbitrators shall not be

29  employed by a manufacturer or a motor vehicle dealer.

30         (f)  Program mediators must complete a Florida Supreme

31  Court certified circuit or county mediation training program,

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 1  or other mediation training program approved by the

 2  department, in addition to a minimum of one-half day of

 3  training on this chapter conducted by the department.

 4         (g)  Program mediators must comply with the Model

 5  Standards of Conduct for Mediators issued by the American

 6  Arbitration Association, the Dispute Resolution Section of the

 7  American Bar Association, and the Society of Professionals in

 8  Dispute Resolution.

 9         (h)  Program arbitrators must complete a Florida

10  Supreme Court certified circuit or county arbitration program,

11  or other arbitration training program approved by the

12  department, in addition to a minimum of 1 day of training in

13  the application of this chapter and any rules adopted

14  thereunder conducted by the department.

15         (i)  Program arbitrators must comply with the Code of

16  Ethics for Arbitrators in Commercial Disputes published by the

17  American Arbitration Association and the American Bar

18  Association in 1977 and as amended.

19         (j)  The program must ensure that the mediators and

20  arbitrators are sufficiently trained in the program rules and

21  procedures and in the provisions of this chapter at least

22  every other year and as a precondition to serving in the

23  program. The program shall monitor the performance of the

24  mediators and arbitrators to ensure that they are performing

25  competently and impartially and are complying with all program

26  rules and procedures and the provisions of this chapter.

27  Program arbitrators must construe and apply the provisions of

28  this chapter and rules adopted thereunder in making decisions.

29         (k)  The program must complete all mediation and

30  arbitration of an eligible consumer claim within 70 days of

31  the program administrator's receipt of the claim from a

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 1  consumer the department. Failure of the program to complete

 2  all proceedings within the prescribed period will not

 3  invalidate any settlement agreement or arbitration decision.

 4  The program shall gather all documents from the parties to a

 5  dispute that are necessary to a full consideration of the

 6  dispute, including, but not limited to, a statement of the

 7  respective complaints, positions, and desired resolution by

 8  the consumer and each manufacturer. Copies of documents

 9  submitted to the program shall be provided to all parties

10  involved in the dispute, the assigned mediator, and the

11  assigned arbitrator.

12         (l)  Mediation conferences and arbitration proceedings

13  must be held at reasonably convenient locations within the

14  state so as to enable a consumer to attend and present a

15  dispute orally.

16         (4)  The department shall monitor the program for

17  compliance with this chapter. If the program is determined not

18  qualified or if qualification is revoked, then disputes shall

19  be subject to the provisions of ss. 681.109 and 681.1095. If

20  the program is determined not qualified or if qualification is

21  revoked as to a manufacturer, all those manufacturers

22  potentially involved in the eligible consumer dispute the

23  involved manufacturer shall be required to submit to

24  arbitration conducted by the board if such arbitration is

25  requested by a consumer and the dispute is deemed eligible for

26  arbitration by the division pursuant to s. 681.109. A consumer

27  having a dispute involving one or more manufacturers for which

28  the program has been determined not qualified, or for which

29  qualification has been revoked, is not required to submit the

30  dispute to the program irrespective of whether the program may

31  

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 1  be qualified as to some of the manufacturers potentially

 2  involved in the dispute.

 3         (5)  A program failing to meet the requirements of this

 4  section, s. 681.1097, and the rules adopted thereunder by the

 5  department may not be qualified by the department. The

 6  department may revoke the qualification of a program for

 7  failure to maintain compliance with the requirements of this

 8  section, s. 681.1097, and the rules adopted thereunder by the

 9  department. The department may revoke the qualification of a

10  program as to one or more participating manufacturers for

11  conduct to be specified by the department by rule pursuant to

12  ss. 120.536(1) and 120.54.

13         (6)(5)  If a program is determined not qualified or if

14  qualification is revoked, or if program qualification is

15  revoked as to a particular manufacturer, the program

16  administrator and the involved manufacturer, if any, shall be

17  notified by the department of any deficiencies in the program

18  or, in the case of a manufacturer, notified of the

19  manufacturer's conduct in violation of this chapter or the

20  rules adopted thereunder by the department, shall be given an

21  opportunity to correct such deficiencies, except as set forth

22  by the department by rule, and shall be informed that it is

23  entitled to a hearing pursuant to chapter 120.

24         (7)(6)  The program administrator, mediators, and

25  arbitrators are exempt from civil liability arising from any

26  act or omission in connection with any mediation or

27  arbitration conducted under this chapter.

28         (8)(7)  The program administrator shall maintain

29  records of each dispute submitted to the program, including

30  the recordings of arbitration hearings. Such records shall be

31  maintained in a manner separate from other unrelated records

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 1  of the program. All records maintained by the program under

 2  this chapter shall be public records and shall be available

 3  for inspection by the department upon reasonable notice. The

 4  program shall retain all records for each dispute for at least

 5  5 years after the final disposition of the dispute. The

 6  program shall furnish the department with copies of all

 7  settlement agreements and decisions within 30 days after the

 8  date of such settlements and decisions. The records for

 9  disputes closed as of September 30 of each year shall be

10  turned over to the department by the program administrator by

11  no later than October 30 of the same year, unless a later date

12  is specified by the department.

13         (9)  The program shall provide the department with

14  quarterly and annual reports containing such information as

15  the department shall by rule prescribe.

16         (10)(8)  The department shall have the authority to

17  adopt reasonable rules pursuant to ss. 120.536(1) and 120.54

18  to implement carry out the provisions of this section.

19         Section 3.  Section 681.1097, Florida Statutes, is

20  amended to read:

21         681.1097  Pilot RV Mediation and Arbitration Program;

22  dispute eligibility and program function.--

23         (1)  Before filing a civil action on a matter subject

24  to s. 681.104, a consumer who acquires a recreational vehicle

25  must first submit the dispute to the department, and to the

26  program if the dispute is deemed eligible. Such consumer is

27  not required to resort to a procedure certified pursuant to s.

28  681.108, notwithstanding that one of the manufacturers of the

29  recreational vehicle has such a procedure. Such consumer is

30  not required to resort to arbitration conducted by the board,

31  except as provided in s. 681.1096(4) and in this section.

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 1         (2)  A consumer acquiring a recreational vehicle must

 2  apply to participate in this program with respect to a claim

 3  arising during the Lemon Law rights period by filing the

 4  application in subsection (3) with the program department no

 5  later than 60 days after the expiration of the Lemon Law

 6  rights period. The claim is considered filed when the

 7  application is date-stamped as received by the program.

 8         (3)  The consumer's application for participation in

 9  the program must be on a form prescribed or approved by the

10  program department. The program administrator department shall

11  screen all applications to participate in the program to

12  determine eligibility. The department shall forward to the

13  program administrator all applications the department

14  determines are potentially entitled to relief under this

15  chapter.

16         (a)  If the department determines the application lacks

17  sufficient information from which a determination of

18  eligibility can be made, the department shall request

19  additional information from the consumer and, upon review of

20  such additional information, shall determine whether the

21  application is eligible or reject the application as

22  incomplete.

23         (b)  The department shall reject any application it

24  determines to be fraudulent or outside the scope of this

25  chapter.

26         (a)(c)  The consumer and the manufacturer shall be

27  notified in writing by the program administrator department if

28  an application is rejected. Such notification of rejection

29  shall include a brief explanation as to the reason for the

30  rejection.

31  

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 1         (b)(d)  If the program administrator department rejects

 2  a dispute, the consumer may file a lawsuit to enforce the

 3  remedies provided under this chapter. In any civil action

 4  arising under this chapter and relating to the matter

 5  considered by the program department, any determination made

 6  to reject a dispute is admissible in evidence.

 7         (e)  The department may delegate responsibility for the

 8  screening of claims to the program, in which event claims

 9  filed with the department shall be forwarded to the program

10  administrator and the provisions of this section shall apply

11  to claims screened by the program.

12         (4)  Mediation shall be mandatory for both the consumer

13  and manufacturer, unless the dispute is settled prior to the

14  scheduled mediation conference. The mediation conference shall

15  be confidential and inadmissible in any subsequent adversarial

16  proceedings. Participation shall be limited to the parties

17  directly involved in the dispute and their attorneys, if any.

18  All manufacturers shall be represented by persons with

19  settlement authority. The parties may, by agreement, consent

20  to expand the scope of a mediation conference to attempt to

21  resolve warranty claims by the consumer which may not be

22  covered under this chapter, if such claims were reported by

23  the consumer to the manufacturer or its authorized service

24  agent during the term of the manufacturer's express warranty.

25         (a)  Upon determination that an application is eligible

26  receipt of an eligible application, the program administrator

27  shall notify the consumer and all involved manufacturers in

28  writing that an eligible application has been received. Such

29  notification shall include a statement that a mediation

30  conference will be scheduled, shall identify the assigned

31  mediator, and provide information regarding the program's

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 1  procedures. The program administrator shall provide all

 2  involved manufacturers with a copy of the completed

 3  application and obtain from each manufacturer a written

 4  response to the allegations contained in the application along

 5  with copies of any documents in support of such response. The

 6  written response shall be on a form and submitted in the

 7  manner prescribed by the program.

 8         (b)  The mediator shall be selected and assigned by the

 9  program administrator. The parties may factually object to a

10  mediator based upon the mediator's past or present

11  relationship with a party or a party's attorney, direct or

12  indirect, whether financial, professional, social, or of any

13  other kind. The program administrator shall consider any such

14  objection, determine its validity, and notify the parties of

15  any determination. If the objection is determined valid, the

16  program administrator shall assign another mediator to the

17  case.

18         (c)  At the mediation conference, the mediator shall

19  assist the parties' efforts to reach a mutually acceptable

20  settlement of their dispute; however, the mediator shall not

21  impose any settlement upon the parties.

22         (d)  Upon conclusion of the mediation conference, the

23  mediator shall notify the program administrator that the case

24  has settled or remains at an impasse. The program

25  administrator shall notify the department in writing of the

26  outcome of the mediation.

27         (e)  If the mediation conference ends in an impasse, it

28  shall proceed to arbitration pursuant to subsection (5). The

29  program administrator shall immediately notify the parties in

30  writing that the dispute will proceed to arbitration and shall

31  identify the assigned arbitrator.

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 1         (f)  If the parties enter into a settlement at any time

 2  after the dispute has been submitted to the program, such

 3  settlement must be reduced to legible writing, signed by the

 4  consumer and all involved manufacturers, and filed with the

 5  program administrator. The program administrator shall send a

 6  copy to the department. All settlements must contain, at a

 7  minimum, the following information:

 8         1.  Name and address of the consumer.

 9         2.  Name and address of each involved manufacturer.

10         3.  Year, make, model, and vehicle identification

11  number of the subject recreational vehicle.

12         4.  Name and address of the dealership from which the

13  recreational vehicle was acquired.

14         5.  Date the claim was received by the program

15  administrator.

16         6.  Name of the mediator or and/or arbitrator, if any.

17         7.  A complete statement of the terms of the agreement,

18  including, but not limited to: whether the vehicle is to be

19  reacquired by a manufacturer and the identity of the

20  manufacturer that will reacquire the vehicle; the amount of

21  any moneys to be paid by the consumer or and/or a

22  manufacturer; the year, make, and model of any replacement

23  motor vehicle or motor vehicle accepted by the consumer as a

24  trade-assist; the date, time, location, and nature of any

25  agreed upon repair or replacement of a component part or

26  accessory and an estimate as to the anticipated length of time

27  for such repair or replacement; and a time certain for

28  performance not to exceed 40 days from the date the settlement

29  agreement is signed by the parties.

30         (g)  If a manufacturer fails to perform within the time

31  required in any settlement agreement, the consumer must notify

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 1  the program administrator of such failure in writing within 30

 2  10 days of the required performance date. Within 10 days of

 3  receipt of such notice, the program administrator shall

 4  determine whether the dispute is eligible to proceed to

 5  arbitration notify the department of the manufacturer's

 6  failure in compliance and shall schedule the matter for an

 7  arbitration hearing pursuant to subsection (5). If the program

 8  administrator determines the dispute is not eligible for

 9  arbitration, the dispute shall be rejected pursuant to

10  subsection (3).

11         (5)  If the mediation ends in an impasse, or if a

12  manufacturer fails to comply with the settlement entered into

13  between the parties, the program administrator shall schedule

14  the dispute for an arbitration hearing. Arbitration

15  proceedings shall be open to the public on reasonable and

16  nondiscriminatory terms.

17         (a)  The arbitration hearing shall be conducted by a

18  single arbitrator assigned by the program administrator. The

19  arbitrator shall not be the same person as the mediator who

20  conducted the prior mediation conference in the dispute. The

21  parties may factually object to an arbitrator based on the

22  arbitrator's past or present relationship with a party or a

23  party's attorney, direct or indirect, whether financial,

24  professional, social, or of any other kind. The program

25  administrator shall consider any such objection, determine its

26  validity, and notify the parties of any determination. If the

27  objection is determined valid, the program administrator shall

28  assign another arbitrator to the case.

29         (b)  The arbitrator may issue subpoenas for the

30  attendance of witnesses and for the production of records,

31  documents, and other evidence. Subpoenas so issued shall be

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 1  served and, upon application to the court by a party to the

 2  arbitration, enforced in the manner provided by law for the

 3  service and enforcement of subpoenas in civil actions. Fees

 4  for attendance as a witness shall be the same as for a witness

 5  in the circuit court.

 6         (c)  At all program arbitration proceedings, the

 7  parties may present oral and written testimony, present

 8  witnesses and evidence relevant to the dispute, cross-examine

 9  witnesses, and be represented by counsel. The technical rules

10  of evidence as are applicable to civil court proceedings do

11  not apply to arbitrations conducted by the program. The

12  arbitrator shall record the arbitration hearing and shall have

13  the power to administer oaths. The arbitrator may inspect the

14  vehicle if requested by a party or if the arbitrator considers

15  such inspection appropriate. The parties may, by mutual

16  written agreement, consent to expand the scope of the

17  arbitration hearing to permit consideration by the arbitrator

18  of warranty claims by the consumer that may not be covered

19  under this chapter, provided such claims were first reported

20  by the consumer to the manufacturer or its authorized service

21  agent during the term of the manufacturer's express warranty.

22         (d)  The program arbitrator may continue a hearing on

23  his or her own motion or upon the request of a party for good

24  cause shown. A request for continuance by the consumer

25  constitutes a waiver of the time period set forth in s.

26  681.1096(3)(k) for completion of all proceedings under the

27  program.

28         (e)  Where the arbitration is the result of a

29  manufacturer's failure to perform in accordance with a

30  settlement agreement, any relief to the consumer granted by

31  

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 1  the arbitration will be no less than the relief agreed to by

 2  the manufacturer in the settlement agreement.

 3         (e)(f)  The arbitrator shall, in rendering decisions,

 4  take into account all legal and equitable factors germane to a

 5  fair and just decision, including, but not limited to, the

 6  warranty and the provisions of this chapter grant relief if a

 7  reasonable number of attempts have been undertaken to correct

 8  a nonconformity or nonconformities.

 9         (f)(g)  The program arbitrator shall render a decision

10  within 10 days of the closing of the hearing. The decision

11  shall be in legible writing on a form prescribed or approved

12  by the program department. The program administrator shall

13  send a copy of the decision to the consumer and each involved

14  manufacturer by registered mail. The program administrator

15  shall also send a copy of the decision to the department

16  within 5 days of mailing to the parties.

17         (g)(h)  A manufacturer shall comply with an arbitration

18  decision within 40 days of the date the manufacturer receives

19  the written decision. Compliance occurs on the date the

20  consumer receives delivery of an acceptable replacement motor

21  vehicle or the relief refund specified in the arbitration

22  award.

23         (h)  If a manufacturer fails to comply within the time

24  required, and no appeal has been filed, the consumer shall

25  must notify the program administrator of such failure in

26  writing within 30 10 days. The program administrator shall

27  notify the department of a manufacturer's failure to comply. A

28  consumer may apply to a court of competent jurisdiction in

29  this state for entry of an order confirming the award. Such

30  application shall be by motion filed within 40 days after the

31  manufacturer's failure to comply and shall be heard in the

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 1  manner and upon notice provided by law or rule of court for

 2  the making and hearing of motions. Such application shall be

 3  served in the manner provided by law for the service of a

 4  civil summons. The consumer shall send a copy of the

 5  application for confirmation of the award and any order

 6  entered by the court confirming the award to the program

 7  administrator. The department shall have the authority to

 8  enforce compliance with arbitration decisions under this

 9  section in the same manner as is provided for enforcement of

10  compliance with board decisions under s. 681.1095(10). In any

11  civil action arising under this chapter and relating to a

12  dispute arbitrated pursuant to this section, the decision of

13  the arbitrator is admissible in evidence.

14         (i)  Either party may request that the program

15  arbitrator make a technical correction to the decision by

16  filing a written request with the program administrator within

17  10 days after receipt of the written decision. Technical

18  corrections shall be limited to computational errors,

19  correction of a party's name or information regarding the

20  recreational vehicle, and typographical or spelling errors.

21  Technical correction of a decision shall not toll the time for

22  filing an appeal or for manufacturer compliance.

23         (6)  Except as otherwise provided, all provisions in

24  this section pertaining to mandatory mediation and

25  arbitration, eligibility screening, mediation proceedings,

26  arbitration hearings and decisions, and any appeals thereof

27  are exempt from the provisions of chapter 120.

28         (7)  A decision of the arbitrator is binding unless

29  appealed by either party by filing a petition with the circuit

30  court within the time and in the manner prescribed by s.

31  681.1095(10) and (12). Section 681.1095(13) and (14) apply to

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    Florida Senate - 2005                           CS for SB 1312
    577-1751-05




 1  appeals filed under this section. If a decision of a program

 2  arbitrator in favor of a consumer is confirmed by the court,

 3  recovery by the consumer shall include the pecuniary value of

 4  the award, attorney's fees incurred in obtaining confirmation

 5  of the award, and all costs and continuing damages in the

 6  amount of $25 per day for each day beyond the 40-day period

 7  following a manufacturer's receipt of the arbitrator's

 8  decision. If a court determines the manufacturer acted in bad

 9  faith in bringing the appeal or brought the appeal solely for

10  the purpose of harassment, or in complete absence of a

11  justiciable issue of law or fact, the court shall double, and

12  may triple, the amount of the total award.

13         (8)  In any civil action arising under this chapter

14  relating to a dispute arbitrated pursuant to this section, the

15  decision of the arbitrator is admissible in evidence.

16         (9)(8)  The department shall have the authority to

17  adopt reasonable rules pursuant to ss. 120.536(1) and 120.54

18  to implement carry out the provisions of this section.

19         Section 4.  This act shall take effect upon becoming a

20  law.

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    Florida Senate - 2005                           CS for SB 1312
    577-1751-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1312

 3                                 

 4  This committee substitute differs from the bill as filed in
    that is provides the following:
 5  
    --   Requires the Department of Transportation to incorporate
 6       markers on logo signs for RV friendly establishments;

 7  --   Removes the Department of Legal Affairs responsibility
         for administrative oversight of the mediation and
 8       arbitration programs;

 9  --   Requires additional training and impartiality of program
         arbitrators and mediators; and
10  
    --   Requires the program to provide regular reports on the
11       program to the Department of Legal Affairs.

12  

13  

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31  

                                  19

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