Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 1520
                        Barcode 030994
                            CHAMBER ACTION
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11  The Committee on General Government Appropriations (Baker)
12  recommended the following substitute for amendment (031532):
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14         Senate Amendment (with title amendment) 
15         On page 7, between lines 6 and 7,
16  
17  insert:  
18         Section 3.  Section 501.142, Florida Statutes, is
19  amended to read:
20         501.142  Retail sales establishments; preemption;
21  notice of refund policy; exceptions; penalty.--
22         (1)  The regulation of refunds is preempted to the
23  Department of Agriculture and Consumer Services
24  notwithstanding any other law or local ordinance to the
25  contrary. Every retail sales establishment offering goods for
26  sale to the general public that offers no cash refund, credit
27  refund, or exchange of merchandise must post a sign so stating
28  at the point of sale.  Failure of a retail sales establishment
29  to exhibit a "no refund" sign under such circumstances at the
30  point of sale shall mean that a refund or exchange policy
31  exists, and the policy shall be presented in writing to the
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    6:13 PM   04/25/05                           s1520c2c-ga20-tc3

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1520 Barcode 030994 1 consumer upon request. Any retail establishment failing to 2 comply with the provisions of this section shall grant to the 3 consumer, upon request and proof of purchase, a refund on the 4 merchandise, within 7 days of the date of purchase, provided 5 the merchandise is unused and in the original carton, if one 6 was furnished. Nothing herein shall prohibit a retail sales 7 establishment from having a refund policy which exceeds the 8 number of days specified herein. The department may adopt 9 rules pursuant to chapter 120 to enforce the provisions in 10 this section. However, this subsection does not prohibit a 11 local government from enforcing the provisions established by 12 this section or department rule. 13 (2) The provisions of this section shall not apply to 14 the sale of food, perishable goods, goods which are custom 15 made, goods which are custom altered at the request of the 16 customer, or goods which cannot be resold by the merchant 17 because of any law, rule, or regulation adopted by a 18 governmental body. 19 (3) The department may enter an order doing one or 20 more of the following if the department finds that a person 21 has violated or is operating in violation of any of the 22 provisions of this section or the rules or orders issued under 23 this section: 24 (a) Issue a notice of noncompliance pursuant to s. 25 120.695. 26 (b) Impose an administrative fine not to exceed $100 27 for each violation. 28 (c) Direct that the person cease and desist specified 29 activities. 30 (4) The administrative proceedings that could result 31 in the entry of an order imposing any of the penalties 2 6:13 PM 04/25/05 s1520c2c-ga20-tc3
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1520 Barcode 030994 1 specified in subsection (3) are governed by chapter 120. 2 (5) Any moneys recovered by the Department of 3 Agriculture and Consumer Services as a penalty under this 4 section shall be deposited in the General Inspection Trust 5 Fund. 6 (6) Upon the first violation of this section, a local 7 government may issue a written warning. Upon a second and any 8 subsequent violation, a local government may impose a fine of 9 up to $50 per violation. Any moneys recovered by the local 10 government as a penalty under this section shall be deposited 11 in the appropriate local account. 12 Section 4. Section 506.5131, Florida Statutes, is 13 amended to read: 14 506.5131 Return of shopping carts; assessment of fees, 15 fines, and costs.-- 16 (1) The rightful owner of any shopping cart with a 17 registered name or mark found on public property shall be 18 immediately notified of its recovery. 19 (2) Notwithstanding any other provision of law or 20 local ordinance, no fee, fine, or costs may be assessed 21 against the owner of a shopping cart unless the shopping cart 22 was found on public property and, unless the shopping cart was 23 removed from the premises or parking area of a retail 24 establishment by the owner of the shopping cart, or an 25 employee acting on the owner's behalf, and the such fee, fine, 26 or cost has been approved by the Department of Agriculture and 27 Consumer Services. 28 29 (Redesignate subsequent sections.) 30 31 3 6:13 PM 04/25/05 s1520c2c-ga20-tc3
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1520 Barcode 030994 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 16, after the semicolon, 4 5 insert: 6 amending s. 501.142, F.S.; providing that the 7 regulation of refunds in retail sales 8 establishments is preempted by the Department 9 of Agriculture and Consumer Services; 10 authorizing the department to adopt rules; 11 authorizing the department to enter orders for 12 certain violations; requiring that any moneys 13 recovered by the department as a penalty be 14 deposited in the General Inspection Trust Fund; 15 authorizing a local government to impose 16 penalties; amending s. 506.5131, F.S.; revising 17 fees, fines, and costs assessed against the 18 owner of a shopping cart; 19 20 21 22 23 24 25 26 27 28 29 30 31 4 6:13 PM 04/25/05 s1520c2c-ga20-tc3