Senate Bill sb1520c3
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By the Committees on General Government Appropriations;
Judiciary; Commerce and Consumer Services; and Senator Lynn
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1 A bill to be entitled
2 An act relating to consumer protection;
3 amending s. 493.6303, F.S.; revising training
4 requirements for obtaining a Class "D" license;
5 requiring a minimum number of hours of training
6 in terrorism awareness or other training
7 prescribed by the Department of Agriculture and
8 Consumer Services; providing a timeframe for
9 submitting proof of having completed the
10 training; revising the number of training hours
11 required; amending s. 501.059, F.S.;
12 prohibiting the transmission of facsimile
13 documents under certain circumstances; amending
14 s. 501.142, F.S.; providing that the regulation
15 of refunds in retail sales establishments is
16 preempted by the Department of Agriculture and
17 Consumer Services; authorizing the department
18 to adopt rules; authorizing the department to
19 enter orders for certain violations; requiring
20 that any moneys recovered by the department as
21 a penalty be deposited in the General
22 Inspection Trust Fund; authorizing a local
23 government to impose penalties; amending s.
24 506.5131, F.S.; revising fees, fines, and costs
25 assessed against the owner of a shopping cart;
26 repealing s. 526.3135, F.S., relating to
27 reports of the Division of Standards of the
28 Department of Agriculture and Consumer
29 Services; repealing ss. 546.001, 546.002,
30 546.003, 546.004, 546.006, and 546.008, F.S.,
31 relating to the "Amusement Ride and Attraction
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1 Insurance Act"; amending s. 559.801, F.S.;
2 redefining the term "business opportunity" for
3 purposes of the "Sale of Business Opportunities
4 Act"; amending s. 559.920, F.S.; redefining
5 actions by motor vehicle repair shops or
6 employees which are unlawful; amending s.
7 559.927, F.S.; defining the term "travel club"
8 for the purpose of part XI of ch. 559, F.S.,
9 relating to sellers of travel; amending s.
10 559.928, F.S.; revising information to be
11 submitted for registration as a seller of
12 travel and information submitted by independent
13 agents; requiring the payment of an annual fee;
14 amending s. 616.242, F.S.; exempting certain
15 governmental entities from a requirement to
16 maintain liability protection covering
17 amusement rides; amending s. 849.094, F.S.;
18 redefining the term "operator" for purposes of
19 the regulation of game promotions; providing
20 requirements relating to disclosure of the
21 rules and regulations of a game promotion;
22 directing the State Technology Office to
23 integrate additional features into the state's
24 official Internet website; directing the State
25 Technology Office to integrate information
26 concerning the Florida 211 Network into the
27 state's official Internet website; amending s.
28 570.544, F.S.; designating the Division of
29 Consumer Services within the Department of
30 Agriculture and Consumer Services as the state
31 clearinghouse for matters relating to consumer
2
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1 protection, consumer information, and consumer
2 services; deleting reporting requirements;
3 providing for implementation; providing
4 effective dates.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Section 493.6303, Florida Statutes, is
9 amended to read:
10 493.6303 License requirements.--In addition to the
11 license requirements set forth elsewhere in this chapter, each
12 individual or agency shall comply with the following
13 additional requirements:
14 (1) Each agency or branch office shall designate a
15 minimum of one appropriately licensed individual to act as
16 manager, directing the activities of the Class "D" employees.
17 (2) An applicant for a Class "MB" license shall have 2
18 years of lawfully gained, verifiable, full-time experience, or
19 training in:
20 (a) Security work or related fields of work that
21 provided equivalent experience or training;
22 (b) Experience described in paragraph (a) for 1 year
23 and experience described in paragraph (c) for 1 year;
24 (c) No more than 1 year using:
25 1. Either college coursework related to criminal
26 justice, criminology, or law enforcement administration; or
27 2. Successfully completed law enforcement-related
28 training received from any federal, state, county, or
29 municipal agency; or
30 (d) Experience described in paragraph (a) for 1 year
31 and work in a managerial or supervisory capacity for 1 year.
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1 (3) An applicant for a Class "M" license shall qualify
2 for licensure as a Class "MA" manager as outlined under s.
3 493.6203(2) and as a Class "MB" manager as outlined under
4 subsection (2).
5 (4)(a) Effective January 1, 2006 October 1, 1994, an
6 applicant for a Class "D" license must complete have completed
7 a minimum of 44 40 hours of professional training administered
8 by at a school or training facility licensed by the
9 department. The department shall by rule establish the general
10 content and number of hours of all the training. Such training
11 must include at least 8 hours of instruction in terrorism
12 awareness or other special training prescribed by the
13 department.
14 (b) An applicant may fulfill the training requirement
15 prescribed in paragraph (a) by submitting proof of:
16 1. Successful completion of the total number of
17 required 40 hours of training before initial application for a
18 Class "D" license; or
19 2. Successful completion of 24 hours of training
20 before initial application for, and the remaining 16 hours of
21 training within 180 days after the date upon the first
22 application is submitted for renewal of, a Class "D" license.
23 If documentation of completion of the required training is not
24 submitted within the specified timeframe, the individual's
25 license is automatically suspended until such time as proof of
26 the required training is provided to the department. However,
27 Individuals licensed before October 1, 1994, or individuals
28 who have successfully completed 40 hours of professional
29 training before January 1, 2006, at a school or training
30 facility licensed by the department, are exempt from the
31
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1 training requirements of paragraph (a) need not complete
2 additional training hours in order to renew their licenses.
3
4 However, any person whose license has been revoked or whose
5 license has been expired for 1 year or longer is considered,
6 upon reapplication for a license, an initial applicant and
7 must submit proof of successful completion of the total number
8 of required 40 hours of professional training at a school or
9 training facility licensed by the department.
10 (5) An applicant for a Class "G" license shall satisfy
11 the firearms training outlined in s. 493.6115.
12 Section 2. Subsections (7) and (8) of section 501.059,
13 Florida Statutes, are amended to read:
14 501.059 Telephone solicitation.--
15 (7)(a) A No person may not shall make or knowingly
16 allow a telephonic sales call to be made if the such call
17 involves an automated system for the selection or dialing of
18 telephone numbers or the playing of a recorded message when a
19 connection is completed to a number called.
20 (b) Nothing herein prohibits the use of an automated
21 telephone dialing system with live messages if the calls are
22 made or messages given solely in response to calls initiated
23 by the persons to whom the automatic calls or live messages
24 are directed or if the telephone numbers selected for
25 automatic dialing have been screened to exclude any telephone
26 subscriber who is included on the department's then-current
27 "no sales solicitation calls" listing or any unlisted
28 telephone number, or if the calls made concern goods or
29 services that have been previously ordered or purchased.
30 (c) A person may not transmit, or knowingly allow the
31 transmission of, a facsimile of documents through connection
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1 with a telephone network if the facsimile transmission
2 involves unsolicited advertising material for the sale of any
3 real property, goods, or services.
4 (8) The department shall investigate any complaints
5 received concerning violations of this section. If, after
6 investigating any complaint, the department finds that there
7 has been a violation of this section, the department or the
8 Department of Legal Affairs may bring an action to impose a
9 civil penalty and to seek other relief, including injunctive
10 relief, as the court deems appropriate against the telephone
11 solicitor. The civil penalty shall not exceed $10,000 per
12 violation and shall be deposited in the General Inspection
13 Trust Fund if the action or proceeding was brought by the
14 department, or the Legal Affairs Revolving Trust Fund if the
15 action or proceeding was brought by the Department of Legal
16 Affairs. This civil penalty may be recovered in any action
17 brought under this part by the department, or the department
18 may terminate any investigation or action upon agreement by
19 the person to pay an agreed-upon a stipulated civil penalty.
20 The department or the court may waive any civil penalty if the
21 person has previously made full restitution or reimbursement
22 or has paid actual damages to the consumers who have been
23 injured by the violation.
24 Section 3. Section 501.142, Florida Statutes, is
25 amended to read:
26 501.142 Retail sales establishments; preemption;
27 notice of refund policy; exceptions; penalty.--
28 (1) The regulation of refunds is preempted to the
29 Department of Agriculture and Consumer Services
30 notwithstanding any other law or local ordinance to the
31 contrary. Every retail sales establishment offering goods for
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1 sale to the general public that offers no cash refund, credit
2 refund, or exchange of merchandise must post a sign so stating
3 at the point of sale. Failure of a retail sales establishment
4 to exhibit a "no refund" sign under such circumstances at the
5 point of sale shall mean that a refund or exchange policy
6 exists, and the policy shall be presented in writing to the
7 consumer upon request. Any retail establishment failing to
8 comply with the provisions of this section shall grant to the
9 consumer, upon request and proof of purchase, a refund on the
10 merchandise, within 7 days of the date of purchase, provided
11 the merchandise is unused and in the original carton, if one
12 was furnished. Nothing herein shall prohibit a retail sales
13 establishment from having a refund policy which exceeds the
14 number of days specified herein. The department may adopt
15 rules pursuant to chapter 120 to enforce the provisions in
16 this section. However, this subsection does not prohibit a
17 local government from enforcing the provisions established by
18 this section or department rule.
19 (2) The provisions of this section shall not apply to
20 the sale of food, perishable goods, goods which are custom
21 made, goods which are custom altered at the request of the
22 customer, or goods which cannot be resold by the merchant
23 because of any law, rule, or regulation adopted by a
24 governmental body.
25 (3) The department may enter an order doing one or
26 more of the following if the department finds that a person
27 has violated or is operating in violation of any of the
28 provisions of this section or the rules or orders issued under
29 this section:
30 (a) Issue a notice of noncompliance pursuant to s.
31 120.695.
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1 (b) Impose an administrative fine not to exceed $100
2 for each violation.
3 (c) Direct that the person cease and desist specified
4 activities.
5 (4) The administrative proceedings that could result
6 in the entry of an order imposing any of the penalties
7 specified in subsection (3) are governed by chapter 120.
8 (5) Any moneys recovered by the Department of
9 Agriculture and Consumer Services as a penalty under this
10 section shall be deposited in the General Inspection Trust
11 Fund.
12 (6) Upon the first violation of this section, a local
13 government may issue a written warning. Upon a second and any
14 subsequent violation, a local government may impose a fine of
15 up to $50 per violation. Any moneys recovered by the local
16 government as a penalty under this section shall be deposited
17 in the appropriate local account.
18 Section 4. Section 506.5131, Florida Statutes, is
19 amended to read:
20 506.5131 Return of shopping carts; assessment of fees,
21 fines, and costs.--
22 (1) The rightful owner of any shopping cart with a
23 registered name or mark found on public property shall be
24 immediately notified of its recovery.
25 (2) Notwithstanding any other provision of law or
26 local ordinance, no fee, fine, or costs may be assessed
27 against the owner of a shopping cart unless the shopping cart
28 was found on public property and, unless the shopping cart was
29 removed from the premises or parking area of a retail
30 establishment by the owner of the shopping cart, or an
31 employee acting on the owner's behalf, and the such fee, fine,
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1 or cost has been approved by the Department of Agriculture and
2 Consumer Services.
3 Section 5. Section 526.3135, Florida Statutes, is
4 repealed.
5 Section 6. Sections 546.001, 546.002, 546.003,
6 546.004, 546.006, and 546.008, Florida Statutes, are repealed.
7 Section 7. Paragraph (a) of subsection (1) of section
8 559.801, Florida Statutes, is amended to read:
9 559.801 Definitions.--For the purpose of ss.
10 559.80-559.815, the term:
11 (1)(a) "Business opportunity" means the sale or lease
12 of any products, equipment, supplies, or services which are
13 sold or leased to a purchaser to enable the purchaser to start
14 a business for which the purchaser is required to pay an
15 initial fee or sum of money which exceeds $500 to the seller,
16 and in which the seller represents:
17 1. That the seller or person or entity affiliated with
18 or referred by the seller will provide locations, either
19 contemporaneously at the time of the sale or lease or at a
20 future time, or assist the purchaser in finding locations for
21 the use or operation of vending machines, racks, display
22 cases, currency or card operated equipment, or other similar
23 devices or currency-operated amusement machines or devices on
24 premises neither owned nor leased by the purchaser or seller;
25 2. That the seller will purchase, either
26 contemporaneously at the time of the sale or lease or at a
27 future time, any or all products made, produced, fabricated,
28 grown, bred, or modified by the purchaser using in whole or in
29 part the supplies, services, or chattels sold to the
30 purchaser;
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1 3. That the seller guarantees that the purchaser will
2 derive income from the business opportunity which exceeds the
3 price paid or rent charged for the business opportunity or
4 that the seller will refund all or part of the price paid or
5 rent charged for the business opportunity, or will repurchase
6 any of the products, equipment, supplies, or chattels supplied
7 by the seller, if the purchaser is unsatisfied with the
8 business opportunity; or
9 4. That the seller will provide, either
10 contemporaneously at the time of the sale or lease or at a
11 future time, a sales program or marketing program that will
12 enable the purchaser to derive income from the business
13 opportunity, except that this paragraph does not apply to the
14 sale of a sales program or marketing program made in
15 conjunction with the licensing of a trademark or service mark
16 that is registered under the laws of any state or of the
17 United States if the seller requires use of the trademark or
18 service mark in the sales agreement.
19
20 For the purpose of subparagraph 1., the term "assist the
21 purchaser in finding locations" means, but is not limited to,
22 supplying the purchaser with names of locator companies,
23 contracting with the purchaser to provide assistance or supply
24 names, or collecting a fee on behalf of or for a locator
25 company.
26 Section 8. Section 559.920, Florida Statutes, is
27 amended to read:
28 559.920 Unlawful acts and practices.--It shall be a
29 violation of this act for any motor vehicle repair shop or
30 employee thereof to:
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1 (1) Engage or attempt to engage in repair work for
2 compensation of any type without first being registered with
3 or having submitted an affidavit of exemption to the
4 department;
5 (2) Make or charge for repairs which have not been
6 expressly or impliedly authorized by the customer;
7 (3) Misrepresent that repairs have been made to a
8 motor vehicle;
9 (4) Misrepresent that certain parts and repairs are
10 necessary to repair a vehicle;
11 (5) Misrepresent that the vehicle being inspected or
12 diagnosed is in a dangerous condition or that the customer's
13 continued use of the vehicle may be harmful or cause great
14 damage to the vehicle;
15 (6) Fraudulently alter any customer contract,
16 estimate, invoice, or other document;
17 (7) Fraudulently misuse any customer's credit card;
18 (8) Make or authorize in any manner or by any means
19 whatever any written or oral statement which is untrue,
20 deceptive or misleading, and which is known, or which by the
21 exercise of reasonable care should be known, to be untrue,
22 deceptive or misleading;
23 (9) Make false promises of a character likely to
24 influence, persuade, or induce a customer to authorize the
25 repair, service, or maintenance of a motor vehicle;
26 (10) Substitute used, rebuilt, salvaged, or
27 straightened parts for new replacement parts without notice to
28 the motor vehicle owner and to her or his insurer if the cost
29 of repair is to be paid pursuant to an insurance policy and
30 the identity of the insurer or its claims adjuster is
31 disclosed to the motor vehicle repair shop;
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1 (11) Cause or allow a customer to sign any work order
2 that does not state the repairs requested by the customer or
3 the automobile's odometer reading at the time of repair;
4 (12) Fail or refuse to give to a customer a copy of
5 any document requiring the customer's signature upon
6 completion or cancellation of the repair work;
7 (13) Willfully depart from or disregard accepted
8 practices and professional standards;
9 (14) Have repair work subcontracted without the
10 knowledge or consent of the customer unless the motor vehicle
11 repair shop or employee thereof demonstrates that the customer
12 could not reasonably have been notified;
13 (15) Conduct the business of motor vehicle repair in a
14 location other than that stated on the registration
15 certificate;
16 (16) Rebuild or restore a rebuilt vehicle without the
17 knowledge of the owner in such a manner that it does not
18 conform to the original vehicle manufacturer's established
19 repair procedures or specifications and allowable tolerances
20 for the particular model and year; or
21 (17) Perform any other act that is a violation of this
22 part or that constitutes fraud or misrepresentation.
23 Section 9. Present subsection (11) of section 559.927,
24 Florida Statutes, is redesignated as subsection (12), and a
25 new subsection (11) is added to that section, to read:
26 559.927 Definitions.--For the purposes of this part,
27 the term:
28 (11) "Travel club" means an organization in which a
29 member has the right to receive or purchase prearranged
30 travel, tourist-related services, or tour-guide services, as
31 such prearranged travel, tourist-related services, or
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1 tour-guide services are from time to time offered, for an
2 advance fee or payment, which may be subject to reservation on
3 a first-come, first-served, space-available basis, but in
4 which a member is not granted a legal or equitable interest in
5 any real property or specific right of use, without a
6 reservation, of any specific property. A travel club
7 registered under this part does not constitute a timeshare
8 interest or timeshare plan.
9 Section 10. Subsections (1) and (3) of section
10 559.928, Florida Statutes, are amended to read:
11 559.928 Registration.--
12 (1) Each seller of travel shall annually register with
13 the department, providing: its legal business or trade name,
14 mailing address, and business locations; the full names,
15 addresses, and telephone numbers, and social security numbers
16 of its owners or corporate officers and directors and the
17 Florida agent of the corporation; a statement whether it is a
18 domestic or foreign corporation, its state and date of
19 incorporation, its charter number, and, if a foreign
20 corporation, the date it registered with the State of Florida,
21 and occupational license where applicable; the date on which a
22 seller of travel registered its fictitious name if the seller
23 of travel is operating under a fictitious or trade name; the
24 name of all other corporations, business entities, and trade
25 names through which each owner of the seller of travel
26 operated, was known, or did business as a seller of travel
27 within the preceding 5 years; a list of all authorized
28 independent agents, including the agent's trade name, full
29 name, mailing address, business address, telephone numbers,
30 and social security number; the business location and address
31 of each branch office and full name and address of the manager
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1 or supervisor; and proof of purchase of adequate bond or
2 establishment of a letter of credit or certificate of deposit
3 as required in this part. A certificate evidencing proof of
4 registration shall be issued by the department and must be
5 prominently displayed in the seller of travel's primary place
6 of business.
7 (3) Each independent agent shall annually file an
8 affidavit with the department and pay a fee of $100 for
9 deposit into the General Inspection Trust Fund of the
10 department prior to engaging in business in this state. This
11 affidavit must include the independent agent's full name,
12 legal business or trade name, mailing address, business
13 address, and telephone number, social security number, and the
14 name or names and addresses of each seller of travel
15 represented by the independent agent and must be accompanied
16 by a copy of the independent agent's current contract with
17 each seller of travel. A letter evidencing proof of filing
18 must be issued by the department and must be prominently
19 displayed in the independent agent's primary place of
20 business. As used in this subsection, the term "independent
21 agent" means a person who represents a seller of travel by
22 soliciting persons on its behalf; who has a written contract
23 with a seller of travel which is operating in compliance with
24 this part and any rules adopted thereunder; who does not
25 receive a fee, commission, or other valuable consideration
26 directly from the purchaser for the seller of travel; who does
27 not at any time have any unissued ticket stock or travel
28 documents in his or her possession; and who does not have the
29 ability to issue tickets, vacation certificates, or any other
30 travel document. The term "independent agent" does not include
31 an affiliate of the seller of travel, as that term is used in
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1 s. 559.935(3), or the employees of the seller of travel or of
2 such affiliates.
3 Section 11. Paragraph (c) is added to subsection (9)
4 of section 616.242, Florida Statutes, to read:
5 616.242 Safety standards for amusement rides.--
6 (9) INSURANCE REQUIREMENTS.--
7 (c) The insurance requirements imposed under this
8 subsection do not apply to a governmental entity that is
9 covered by the provisions of s. 768.28(16).
10 Section 12. Subsections (1) and (3) of section
11 849.094, Florida Statutes, are amended to read:
12 849.094 Game promotion in connection with sale of
13 consumer products or services.--
14 (1) As used in this section, the term:
15 (a) "Game promotion" means, but is not limited to, a
16 contest, game of chance, or gift enterprise, conducted within
17 or throughout the state and other states in connection with
18 the sale of consumer products or services, and in which the
19 elements of chance and prize are present. However, "game
20 promotion" shall not be construed to apply to bingo games
21 conducted pursuant to s. 849.0931.
22 (b) "Operator" means any person, firm, corporation, or
23 association on whose behalf a game promotion is conducted or
24 agent or employee thereof who promotes, operates, or conducts
25 a game promotion, except any charitable nonprofit
26 organization.
27 (3) The operator of a game promotion in which the
28 total announced value of the prizes offered is greater than
29 $5,000 shall file with the Department of Agriculture and
30 Consumer Services a copy of the rules and regulations of the
31 game promotion and a list of all prizes and prize categories
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1 offered at least 7 days before the commencement of the game
2 promotion. Such rules and regulations may not thereafter be
3 changed, modified, or altered. The operator of a game
4 promotion shall conspicuously post the rules and regulations
5 of such game promotion in each and every retail outlet or
6 place where such game promotion may be played or participated
7 in by the public and shall also publish the rules and
8 regulations in all advertising copy used in connection
9 therewith. However, such advertising copy need only include
10 the material terms of the rules and regulations if the
11 advertising copy includes a website address, a toll-free
12 telephone number, or a mailing address where the full rules
13 and regulations may be viewed, heard, or obtained for the full
14 duration of the game promotion. Such disclosures must be
15 legible. Radio and television announcements may indicate that
16 the rules and regulations are available at retail outlets or
17 from the operator of the promotion. A nonrefundable filing fee
18 of $100 shall accompany each filing and shall be used to pay
19 the costs incurred in administering and enforcing the
20 provisions of this section.
21 Section 13. The State Technology Office shall provide
22 a banner on the official Internet website of the state which
23 is hyperlinked to a website of the Department of Agriculture
24 and Consumer Services which:
25 (1) Aggregates a wide variety of consumer-protection
26 information and resources available from state agencies;
27 (2) Features useful tools to help consumers identify
28 which agencies have jurisdiction over specific subjects; and
29 (3) Includes alerts for consumers on known fraudulent
30 practices.
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1 Section 14. The State Technology Office shall provide
2 a banner on the official Internet website of the state which
3 is hyperlinked to a website of the Florida 211 Network which:
4 (1) Profiles the information and referral system known
5 as the Florida 211 Network; and
6 (2) Lists areas within the state where the network is
7 available and the respective telephone numbers to access
8 members of the Florida 211 network.
9 Section 15. Subsections (3), (6), and (7) of section
10 570.544, Florida Statutes, are amended to read:
11 570.544 Division of Consumer Services; director;
12 powers; processing of complaints; records.--
13 (3) In addition to the powers, duties, and
14 responsibilities authorized by this or any other chapter, the
15 Division of Consumer Services shall serve as the state a
16 clearinghouse for matters relating to consumer protection,
17 consumer information, and consumer services generally. It
18 shall receive complaints and grievances from consumers and
19 promptly transmit them to that agency most directly concerned
20 in order that the complaint or grievance may be expeditiously
21 handled in the best interests of the complaining consumer. If
22 no agency exists, the Division of Consumer Services shall seek
23 a settlement of the complaint using formal or informal methods
24 of mediation and conciliation and may seek any other
25 resolution of the matter in accordance with its jurisdiction.
26 (6)(a) The office or agency to which a complaint has
27 been referred shall within 30 days acknowledge receipt of the
28 complaint and report on the disposition made of the complaint.
29 In the event a complaint has not been disposed of within 30
30 days, the receiving office or agency shall file progress
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1 reports with the Division of Consumer Services no less
2 frequently than 30 days until final disposition.
3 (b) The report shall contain at least the following
4 information:
5 1. A finding of whether the receiving agency has
6 jurisdiction of the subject matter involved in the complaint.
7 2. Whether the complaint is deemed to be frivolous,
8 sham, or without basis in fact or law.
9 3. What action has been taken and a report on whether
10 the original complainant was satisfied with the final
11 disposition.
12 4. Any recommendation regarding needed changes in law
13 or procedure which in the opinion of the reporting agency or
14 office will improve consumer protection in the area involved.
15 (7)(a) If the office or agency receiving a complaint
16 fails to file a report as contemplated in this section, that
17 failure shall be construed as a denial by the receiving office
18 or agency that it has jurisdiction of the subject matter
19 contained in the complaint.
20 (b) If an office or agency receiving a complaint
21 determines that the matter presents a prima facie case for
22 criminal prosecution or if the complaint cannot be settled at
23 the administrative level, the complaint together with all
24 supporting evidence shall be transmitted to the Department of
25 Legal Affairs or other appropriate enforcement agency with a
26 recommendation for civil or criminal action warranted by the
27 evidence.
28 Section 16. This act is not contingent upon the
29 appropriation of funds or an increase in fees for its
30 implementation.
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1 Section 17. Except as otherwise expressly provided in
2 this act, this act shall take effect October 1, 2005.
3
4 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
5 CS for CS for Senate Bill 1520
6
7 Preempts the regulation of sales refunds by retail sales
establishments to the Department of Agriculture and Consumer
8 Services.
9 Clarifies provisions regarding the prohibition against local
governments to impose monetary penalties on shopping cart
10 owners whose carts have been removed from their premises.
11 Deletes the requirement for a report regarding motor fuel
complaints which report is not used by the Department.
12
Deletes authority for the Department of Legal Affairs to
13 recover travel and per diem expenses if either agency is the
prevailing party in civil litigation.
14
Provides that fees paid by independent sellers of travel will
15 be deposited into the General Inspection Trust Fund of the
department.
16
Clarifies that travel club members are not granted certain
17 rights without a reservation.
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25
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31
19
CODING: Words stricken are deletions; words underlined are additions.