Senate Bill sb1520e1

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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         amending s. 849.161, F.S.; providing that the

23         chapter does not apply to amusement games or

24         machines which operate by the insertion of a

25         coin or other currency; directing the State

26         Technology Office to integrate additional

27         features into the state's official Internet

28         website; directing the State Technology Office

29         to integrate information concerning the Florida

30         211 Network into the state's official Internet

31         website; amending s. 570.544, F.S.; designating


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 1         the Division of Consumer Services within the

 2         Department of Agriculture and Consumer Services

 3         as the state clearinghouse for matters relating

 4         to consumer protection, consumer information,

 5         and consumer services; deleting reporting

 6         requirements; providing for implementation;

 7         providing effective dates.

 8  

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

10  

11         Section 1.  Section 493.6303, Florida Statutes, is

12  amended to read:

13         493.6303  License requirements.--In addition to the

14  license requirements set forth elsewhere in this chapter, each

15  individual or agency shall comply with the following

16  additional requirements:

17         (1)  Each agency or branch office shall designate a

18  minimum of one appropriately licensed individual to act as

19  manager, directing the activities of the Class "D" employees.

20         (2)  An applicant for a Class "MB" license shall have 2

21  years of lawfully gained, verifiable, full-time experience, or

22  training in:

23         (a)  Security work or related fields of work that

24  provided equivalent experience or training;

25         (b)  Experience described in paragraph (a) for 1 year

26  and experience described in paragraph (c) for 1 year;

27         (c)  No more than 1 year using:

28         1.  Either college coursework related to criminal

29  justice, criminology, or law enforcement administration; or

30  

31  


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 1         2.  Successfully completed law enforcement-related

 2  training received from any federal, state, county, or

 3  municipal agency; or

 4         (d)  Experience described in paragraph (a) for 1 year

 5  and work in a managerial or supervisory capacity for 1 year.

 6         (3)  An applicant for a Class "M" license shall qualify

 7  for licensure as a Class "MA" manager as outlined under s.

 8  493.6203(2) and as a Class "MB" manager as outlined under

 9  subsection (2).

10         (4)(a)  Effective January 1, 2006 October 1, 1994, an

11  applicant for a Class "D" license must complete have completed

12  a minimum of 44 40 hours of professional training administered

13  by at a school or training facility licensed by the

14  department. The department shall by rule establish the general

15  content and number of hours of all the training. Such training

16  must include at least 8 hours of instruction in terrorism

17  awareness or other special training prescribed by the

18  department.

19         (b)  An applicant may fulfill the training requirement

20  prescribed in paragraph (a) by submitting proof of:

21         1.  Successful completion of the total number of

22  required 40 hours of training before initial application for a

23  Class "D" license; or

24         2.  Successful completion of 24 hours of training

25  before initial application for, and the remaining 16 hours of

26  training within 180 days after the date upon the first

27  application is submitted for renewal of, a Class "D" license.

28  If documentation of completion of the required training is not

29  submitted within the specified timeframe, the individual's

30  license is automatically suspended until such time as proof of

31  the required training is provided to the department. However,


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 1  Individuals licensed before October 1, 1994, or individuals

 2  who have successfully completed 40 hours of professional

 3  training before January 1, 2006, at a school or training

 4  facility licensed by the department, are exempt from the

 5  training requirements of paragraph (a) need not complete

 6  additional training hours in order to renew their licenses.

 7  

 8  However, any person whose license has been revoked or whose

 9  license has been expired for 1 year or longer is considered,

10  upon reapplication for a license, an initial applicant and

11  must submit proof of successful completion of the total number

12  of required 40 hours of professional training at a school or

13  training facility licensed by the department.

14         (5)  An applicant for a Class "G" license shall satisfy

15  the firearms training outlined in s. 493.6115.

16         Section 2.  Subsections (7) and (8) of section 501.059,

17  Florida Statutes, are amended to read:

18         501.059  Telephone solicitation.--

19         (7)(a)  A No person may not shall make or knowingly

20  allow a telephonic sales call to be made if the such call

21  involves an automated system for the selection or dialing of

22  telephone numbers or the playing of a recorded message when a

23  connection is completed to a number called.

24         (b)  Nothing herein prohibits the use of an automated

25  telephone dialing system with live messages if the calls are

26  made or messages given solely in response to calls initiated

27  by the persons to whom the automatic calls or live messages

28  are directed or if the telephone numbers selected for

29  automatic dialing have been screened to exclude any telephone

30  subscriber who is included on the department's then-current

31  "no sales solicitation calls" listing or any unlisted


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 1  telephone number, or if the calls made concern goods or

 2  services that have been previously ordered or purchased.

 3         (c)  A person may not transmit, or knowingly allow the

 4  transmission of, a facsimile of documents through connection

 5  with a telephone network if the facsimile transmission

 6  involves unsolicited advertising material for the sale of any

 7  real property, goods, or services.

 8         (8)  The department shall investigate any complaints

 9  received concerning violations of this section.  If, after

10  investigating any complaint, the department finds that there

11  has been a violation of this section, the department or the

12  Department of Legal Affairs may bring an action to impose a

13  civil penalty and to seek other relief, including injunctive

14  relief, as the court deems appropriate against the telephone

15  solicitor.  The civil penalty shall not exceed $10,000 per

16  violation and shall be deposited in the General Inspection

17  Trust Fund if the action or proceeding was brought by the

18  department, or the Legal Affairs Revolving Trust Fund if the

19  action or proceeding was brought by the Department of Legal

20  Affairs. This civil penalty may be recovered in any action

21  brought under this part by the department, or the department

22  may terminate any investigation or action upon agreement by

23  the person to pay an agreed-upon a stipulated civil penalty.

24  The department or the court may waive any civil penalty if the

25  person has previously made full restitution or reimbursement

26  or has paid actual damages to the consumers who have been

27  injured by the violation.

28         Section 3.  Section 501.142, Florida Statutes, is

29  amended to read:

30         501.142  Retail sales establishments; preemption;

31  notice of refund policy; exceptions; penalty.--


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 1         (1)  The regulation of refunds is preempted to the

 2  Department of Agriculture and Consumer Services

 3  notwithstanding any other law or local ordinance to the

 4  contrary. Every retail sales establishment offering goods for

 5  sale to the general public that offers no cash refund, credit

 6  refund, or exchange of merchandise must post a sign so stating

 7  at the point of sale.  Failure of a retail sales establishment

 8  to exhibit a "no refund" sign under such circumstances at the

 9  point of sale shall mean that a refund or exchange policy

10  exists, and the policy shall be presented in writing to the

11  consumer upon request.  Any retail establishment failing to

12  comply with the provisions of this section shall grant to the

13  consumer, upon request and proof of purchase, a refund on the

14  merchandise, within 7 days of the date of purchase, provided

15  the merchandise is unused and in the original carton, if one

16  was furnished.  Nothing herein shall prohibit a retail sales

17  establishment from having a refund policy which exceeds the

18  number of days specified herein. The department may adopt

19  rules pursuant to chapter 120 to enforce the provisions in

20  this section. However, this subsection does not prohibit a

21  local government from enforcing the provisions established by

22  this section or department rule.

23         (2)  The provisions of this section shall not apply to

24  the sale of food, perishable goods, goods which are custom

25  made, goods which are custom altered at the request of the

26  customer, or goods which cannot be resold by the merchant

27  because of any law, rule, or regulation adopted by a

28  governmental body.

29         (3)  The department may enter an order doing one or

30  more of the following if the department finds that a person

31  has violated or is operating in violation of any of the


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 1  provisions of this section or the rules or orders issued under

 2  this section:

 3         (a)  Issue a notice of noncompliance pursuant to s.

 4  120.695.

 5         (b)  Impose an administrative fine not to exceed $100

 6  for each violation.

 7         (c)  Direct that the person cease and desist specified

 8  activities.

 9         (4)  The administrative proceedings that could result

10  in the entry of an order imposing any of the penalties

11  specified in subsection (3) are governed by chapter 120.

12         (5)  Any moneys recovered by the Department of

13  Agriculture and Consumer Services as a penalty under this

14  section shall be deposited in the General Inspection Trust

15  Fund.

16         (6)  Upon the first violation of this section, a local

17  government may issue a written warning. Upon a second and any

18  subsequent violation, a local government may impose a fine of

19  up to $50 per violation. Any moneys recovered by the local

20  government as a penalty under this section shall be deposited

21  in the appropriate local account.

22         Section 4.  Section 506.5131, Florida Statutes, is

23  amended to read:

24         506.5131  Return of shopping carts; assessment of fees,

25  fines, and costs.--

26         (1)  The rightful owner of any shopping cart with a

27  registered name or mark found on public property shall be

28  immediately notified of its recovery.

29         (2)  Notwithstanding any other provision of law or

30  local ordinance, no fee, fine, or costs may be assessed

31  against the owner of a shopping cart unless the shopping cart


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 1  was found on public property and, unless the shopping cart was

 2  removed from the premises or parking area of a retail

 3  establishment by the owner of the shopping cart, or an

 4  employee acting on the owner's behalf, and the such fee, fine,

 5  or cost has been approved by the Department of Agriculture and

 6  Consumer Services.

 7         Section 5.  Section 526.3135, Florida Statutes, is

 8  repealed.

 9         Section 6.  Sections 546.001, 546.002, 546.003,

10  546.004, 546.006, and 546.008, Florida Statutes, are repealed.

11         Section 7.  Paragraph (a) of subsection (1) of section

12  559.801, Florida Statutes, is amended to read:

13         559.801  Definitions.--For the purpose of ss.

14  559.80-559.815, the term:

15         (1)(a)  "Business opportunity" means the sale or lease

16  of any products, equipment, supplies, or services which are

17  sold or leased to a purchaser to enable the purchaser to start

18  a business for which the purchaser is required to pay an

19  initial fee or sum of money which exceeds $500 to the seller,

20  and in which the seller represents:

21         1.  That the seller or person or entity affiliated with

22  or referred by the seller will provide locations, either

23  contemporaneously at the time of the sale or lease or at a

24  future time, or assist the purchaser in finding locations for

25  the use or operation of vending machines, racks, display

26  cases, currency or card operated equipment, or other similar

27  devices or currency-operated amusement machines or devices on

28  premises neither owned nor leased by the purchaser or seller;

29         2.  That the seller will purchase, either

30  contemporaneously at the time of the sale or lease or at a

31  future time, any or all products made, produced, fabricated,


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 1  grown, bred, or modified by the purchaser using in whole or in

 2  part the supplies, services, or chattels sold to the

 3  purchaser;

 4         3.  That the seller guarantees that the purchaser will

 5  derive income from the business opportunity which exceeds the

 6  price paid or rent charged for the business opportunity or

 7  that the seller will refund all or part of the price paid or

 8  rent charged for the business opportunity, or will repurchase

 9  any of the products, equipment, supplies, or chattels supplied

10  by the seller, if the purchaser is unsatisfied with the

11  business opportunity; or

12         4.  That the seller will provide, either

13  contemporaneously at the time of the sale or lease or at a

14  future time, a sales program or marketing program that will

15  enable the purchaser to derive income from the business

16  opportunity, except that this paragraph does not apply to the

17  sale of a sales program or marketing program made in

18  conjunction with the licensing of a trademark or service mark

19  that is registered under the laws of any state or of the

20  United States if the seller requires use of the trademark or

21  service mark in the sales agreement.

22  

23  For the purpose of subparagraph 1., the term "assist the

24  purchaser in finding locations" means, but is not limited to,

25  supplying the purchaser with names of locator companies,

26  contracting with the purchaser to provide assistance or supply

27  names, or collecting a fee on behalf of or for a locator

28  company.

29         Section 8.  Section 559.920, Florida Statutes, is

30  amended to read:

31  


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 1         559.920  Unlawful acts and practices.--It shall be a

 2  violation of this act for any motor vehicle repair shop or

 3  employee thereof to:

 4         (1)  Engage or attempt to engage in repair work for

 5  compensation of any type without first being registered with

 6  or having submitted an affidavit of exemption to the

 7  department;

 8         (2)  Make or charge for repairs which have not been

 9  expressly or impliedly authorized by the customer;

10         (3)  Misrepresent that repairs have been made to a

11  motor vehicle;

12         (4)  Misrepresent that certain parts and repairs are

13  necessary to repair a vehicle;

14         (5)  Misrepresent that the vehicle being inspected or

15  diagnosed is in a dangerous condition or that the customer's

16  continued use of the vehicle may be harmful or cause great

17  damage to the vehicle;

18         (6)  Fraudulently alter any customer contract,

19  estimate, invoice, or other document;

20         (7)  Fraudulently misuse any customer's credit card;

21         (8)  Make or authorize in any manner or by any means

22  whatever any written or oral statement which is untrue,

23  deceptive or misleading, and which is known, or which by the

24  exercise of reasonable care should be known, to be untrue,

25  deceptive or misleading;

26         (9)  Make false promises of a character likely to

27  influence, persuade, or induce a customer to authorize the

28  repair, service, or maintenance of a motor vehicle;

29         (10)  Substitute used, rebuilt, salvaged, or

30  straightened parts for new replacement parts without notice to

31  the motor vehicle owner and to her or his insurer if the cost


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 1  of repair is to be paid pursuant to an insurance policy and

 2  the identity of the insurer or its claims adjuster is

 3  disclosed to the motor vehicle repair shop;

 4         (11)  Cause or allow a customer to sign any work order

 5  that does not state the repairs requested by the customer or

 6  the automobile's odometer reading at the time of repair;

 7         (12)  Fail or refuse to give to a customer a copy of

 8  any document requiring the customer's signature upon

 9  completion or cancellation of the repair work;

10         (13)  Willfully depart from or disregard accepted

11  practices and professional standards;

12         (14)  Have repair work subcontracted without the

13  knowledge or consent of the customer unless the motor vehicle

14  repair shop or employee thereof demonstrates that the customer

15  could not reasonably have been notified;

16         (15)  Conduct the business of motor vehicle repair in a

17  location other than that stated on the registration

18  certificate;

19         (16)  Rebuild or restore a rebuilt vehicle without the

20  knowledge of the owner in such a manner that it does not

21  conform to the original vehicle manufacturer's established

22  repair procedures or specifications and allowable tolerances

23  for the particular model and year; or

24         (17)  Perform any other act that is a violation of this

25  part or that constitutes fraud or misrepresentation.

26         Section 9.  Present subsection (11) of section 559.927,

27  Florida Statutes, is redesignated as subsection (12), and a

28  new subsection (11) is added to that section, to read:

29         559.927  Definitions.--For the purposes of this part,

30  the term:

31  


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 1         (11)  "Travel club" means an organization in which a

 2  member has the right to receive or purchase prearranged

 3  travel, tourist-related services, or tour-guide services, as

 4  such prearranged travel, tourist-related services, or

 5  tour-guide services are from time to time offered, for an

 6  advance fee or payment, which may be subject to reservation on

 7  a first-come, first-served, space-available basis, but in

 8  which a member is not granted a legal or equitable interest in

 9  any real property or specific right of use, without a

10  reservation, of any specific property. A travel club

11  registered under this part does not constitute a timeshare

12  interest or timeshare plan.

13         Section 10.  Subsections (1) and (3) of section

14  559.928, Florida Statutes, are amended to read:

15         559.928  Registration.--

16         (1)  Each seller of travel shall annually register with

17  the department, providing: its legal business or trade name,

18  mailing address, and business locations; the full names,

19  addresses, and telephone numbers, and social security numbers

20  of its owners or corporate officers and directors and the

21  Florida agent of the corporation; a statement whether it is a

22  domestic or foreign corporation, its state and date of

23  incorporation, its charter number, and, if a foreign

24  corporation, the date it registered with the State of Florida,

25  and occupational license where applicable; the date on which a

26  seller of travel registered its fictitious name if the seller

27  of travel is operating under a fictitious or trade name; the

28  name of all other corporations, business entities, and trade

29  names through which each owner of the seller of travel

30  operated, was known, or did business as a seller of travel

31  within the preceding 5 years; a list of all authorized


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 1  independent agents, including the agent's trade name, full

 2  name, mailing address, business address, telephone numbers,

 3  and social security number; the business location and address

 4  of each branch office and full name and address of the manager

 5  or supervisor; and proof of purchase of adequate bond or

 6  establishment of a letter of credit or certificate of deposit

 7  as required in this part.  A certificate evidencing proof of

 8  registration shall be issued by the department and must be

 9  prominently displayed in the seller of travel's primary place

10  of business.

11         (3)  Each independent agent shall annually file an

12  affidavit with the department and pay a fee of $100 for

13  deposit into the General Inspection Trust Fund of the

14  department prior to engaging in business in this state. This

15  affidavit must include the independent agent's full name,

16  legal business or trade name, mailing address, business

17  address, and telephone number, social security number, and the

18  name or names and addresses of each seller of travel

19  represented by the independent agent and must be accompanied

20  by a copy of the independent agent's current contract with

21  each seller of travel. A letter evidencing proof of filing

22  must be issued by the department and must be prominently

23  displayed in the independent agent's primary place of

24  business.  As used in this subsection, the term "independent

25  agent" means a person who represents a seller of travel by

26  soliciting persons on its behalf; who has a written contract

27  with a seller of travel which is operating in compliance with

28  this part and any rules adopted thereunder; who does not

29  receive a fee, commission, or other valuable consideration

30  directly from the purchaser for the seller of travel; who does

31  not at any time have any unissued ticket stock or travel


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 1  documents in his or her possession; and who does not have the

 2  ability to issue tickets, vacation certificates, or any other

 3  travel document. The term "independent agent" does not include

 4  an affiliate of the seller of travel, as that term is used in

 5  s. 559.935(3), or the employees of the seller of travel or of

 6  such affiliates.

 7         Section 11.  Paragraph (c) is added to subsection (9)

 8  of section 616.242, Florida Statutes, to read:

 9         616.242  Safety standards for amusement rides.--

10         (9)  INSURANCE REQUIREMENTS.--

11         (c)  The insurance requirements imposed under this

12  subsection do not apply to a governmental entity that is

13  covered by the provisions of s. 768.28(16).

14         Section 12.  Subsections (1) and (3) of section

15  849.094, Florida Statutes, are amended to read:

16         849.094  Game promotion in connection with sale of

17  consumer products or services.--

18         (1)  As used in this section, the term:

19         (a)  "Game promotion" means, but is not limited to, a

20  contest, game of chance, or gift enterprise, conducted within

21  or throughout the state and other states in connection with

22  the sale of consumer products or services, and in which the

23  elements of chance and prize are present. However, "game

24  promotion" shall not be construed to apply to bingo games

25  conducted pursuant to s. 849.0931.

26         (b)  "Operator" means any person, firm, corporation, or

27  association on whose behalf a game promotion is conducted or

28  agent or employee thereof who promotes, operates, or conducts

29  a game promotion, except any charitable nonprofit

30  organization.

31  


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 1         (3)  The operator of a game promotion in which the

 2  total announced value of the prizes offered is greater than

 3  $5,000 shall file with the Department of Agriculture and

 4  Consumer Services a copy of the rules and regulations of the

 5  game promotion and a list of all prizes and prize categories

 6  offered at least 7 days before the commencement of the game

 7  promotion.  Such rules and regulations may not thereafter be

 8  changed, modified, or altered.  The operator of a game

 9  promotion shall conspicuously post the rules and regulations

10  of such game promotion in each and every retail outlet or

11  place where such game promotion may be played or participated

12  in by the public and shall also publish the rules and

13  regulations in all advertising copy used in connection

14  therewith. However, such advertising copy need only include

15  the material terms of the rules and regulations if the

16  advertising copy includes a website address, a toll-free

17  telephone number, or a mailing address where the full rules

18  and regulations may be viewed, heard, or obtained for the full

19  duration of the game promotion. Such disclosures must be

20  legible. Radio and television announcements may indicate that

21  the rules and regulations are available at retail outlets or

22  from the operator of the promotion. A nonrefundable filing fee

23  of $100 shall accompany each filing and shall be used to pay

24  the costs incurred in administering and enforcing the

25  provisions of this section.

26         Section 13.  Paragraph (a) of subsection (1) of section

27  849.161, Florida Statutes, is amended to read:

28         849.161  Amusement games or machines; when chapter

29  inapplicable.--

30         (1)(a)1.  Nothing contained in this chapter shall be

31  taken or construed as applicable to an arcade amusement center


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 1  having amusement games or machines which operate by means of

 2  the insertion of a coin or other currency and which by

 3  application of skill may entitle the person playing or

 4  operating the game or machine to receive points or coupons

 5  which may be exchanged for merchandise only, excluding cash

 6  and alcoholic beverages, provided the cost value of the

 7  merchandise or prize awarded in exchange for such points or

 8  coupons does not exceed 75 cents on any game played.

 9         2.  Nothing contained in this chapter shall be taken or

10  construed as applicable to any retail dealer who operates as a

11  truck stop, as defined in chapter 336 and which operates a

12  minimum of 6 functional diesel fuel pumps, having amusement

13  games or machines which operate by means of the insertion of a

14  coin or other currency and which by application of skill may

15  entitle the person playing or operating the game or machine to

16  receive points or coupons which may be exchanged for

17  merchandise limited to noncash prizes, toys, novelties, and

18  Florida Lottery products, excluding alcoholic beverages,

19  provided the cost value of the merchandise or prize awarded in

20  exchange for such points or coupons does not exceed 75 cents

21  on any game played. This subparagraph applies only to games

22  and machines which are operated for the entertainment of the

23  general public and tourists as bona fide amusement games or

24  machines.  This subsection shall not apply, however, to any

25  game or device defined as a gambling device in 24 U.S.C. s.

26  1171, which requires identification of each device by

27  permanently affixing seriatim numbering and name, trade name,

28  and date of manufacture under s. 1173, and registration with

29  the United States Attorney General, unless excluded from

30  applicability of the chapter under s. 1178.  This subsection

31  shall not be construed to authorize video poker games or any


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    CS for CS for CS for SB 1520                   First Engrossed



 1  other game or machine that may be construed as a gambling

 2  device under Florida law.

 3         Section 14.  The State Technology Office shall provide

 4  a banner on the official Internet website of the state which

 5  is hyperlinked to a website of the Department of Agriculture

 6  and Consumer Services which:

 7         (1)  Aggregates a wide variety of consumer-protection

 8  information and resources available from state agencies;

 9         (2)  Features useful tools to help consumers identify

10  which agencies have jurisdiction over specific subjects; and

11         (3)  Includes alerts for consumers on known fraudulent

12  practices.

13         Section 15.  The State Technology Office shall provide

14  a banner on the official Internet website of the state which

15  is hyperlinked to a website of the Florida 211 Network which:

16         (1)  Profiles the information and referral system known

17  as the Florida 211 Network; and

18         (2)  Lists areas within the state where the network is

19  available and the respective telephone numbers to access

20  members of the Florida 211 network.

21         Section 16.  Subsections (3), (6), and (7) of section

22  570.544, Florida Statutes, are amended to read:

23         570.544  Division of Consumer Services; director;

24  powers; processing of complaints; records.--

25         (3)  In addition to the powers, duties, and

26  responsibilities authorized by this or any other chapter, the

27  Division of Consumer Services shall serve as the state a

28  clearinghouse for matters relating to consumer protection,

29  consumer information, and consumer services generally. It

30  shall receive complaints and grievances from consumers and

31  promptly transmit them to that agency most directly concerned


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    CS for CS for CS for SB 1520                   First Engrossed



 1  in order that the complaint or grievance may be expeditiously

 2  handled in the best interests of the complaining consumer. If

 3  no agency exists, the Division of Consumer Services shall seek

 4  a settlement of the complaint using formal or informal methods

 5  of mediation and conciliation and may seek any other

 6  resolution of the matter in accordance with its jurisdiction.

 7         (6)(a)  The office or agency to which a complaint has

 8  been referred shall within 30 days acknowledge receipt of the

 9  complaint and report on the disposition made of the complaint.

10  In the event a complaint has not been disposed of within 30

11  days, the receiving office or agency shall file progress

12  reports with the Division of Consumer Services no less

13  frequently than 30 days until final disposition.

14         (b)  The report shall contain at least the following

15  information:

16         1.  A finding of whether the receiving agency has

17  jurisdiction of the subject matter involved in the complaint.

18         2.  Whether the complaint is deemed to be frivolous,

19  sham, or without basis in fact or law.

20         3.  What action has been taken and a report on whether

21  the original complainant was satisfied with the final

22  disposition.

23         4.  Any recommendation regarding needed changes in law

24  or procedure which in the opinion of the reporting agency or

25  office will improve consumer protection in the area involved.

26         (7)(a)  If the office or agency receiving a complaint

27  fails to file a report as contemplated in this section, that

28  failure shall be construed as a denial by the receiving office

29  or agency that it has jurisdiction of the subject matter

30  contained in the complaint.

31  


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    CS for CS for CS for SB 1520                   First Engrossed



 1         (b)  If an office or agency receiving a complaint

 2  determines that the matter presents a prima facie case for

 3  criminal prosecution or if the complaint cannot be settled at

 4  the administrative level, the complaint together with all

 5  supporting evidence shall be transmitted to the Department of

 6  Legal Affairs or other appropriate enforcement agency with a

 7  recommendation for civil or criminal action warranted by the

 8  evidence.

 9         Section 17.  This act is not contingent upon the

10  appropriation of funds or an increase in fees for its

11  implementation.

12         Section 18.  Except as otherwise expressly provided in

13  this act, this act shall take effect October 1, 2005.

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