Senate Bill sb1520c3

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    Florida Senate - 2005             CS for CS for CS for SB 1520

    By the Committees on General Government Appropriations;
    Judiciary; Commerce and Consumer Services; and Senator Lynn




    601-2310-05

  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

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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;

31  

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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:

31  

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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.

31  

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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

31  

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    Florida Senate - 2005             CS for CS for CS for SB 1520
    601-2310-05




 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.

31  

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    Florida Senate - 2005             CS for CS for CS for SB 1520
    601-2310-05




 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.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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