HB 0293

CS

CHAMBER ACTION

1	The Justice Appropriations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to recreational vehicles; amending s.
7	479.261, F.S.; requiring the Department of Transportation
8	to incorporate the use of RV friendly markers on specific
9	information logo signs; authorizing certain establishments
10	to request designation of the marker; providing
11	requirements; describing the marker; requiring the
12	department to adopt certain rules relating to the markers;
13	amending s. 681.1096, F.S.; eliminating future termination
14	of the program; revising requirements for program
15	certification to ensure neutrality of dispute resolution;
16	providing guidelines for the training of arbitrators and
17	mediators; providing that the program must complete all
18	mediation and arbitration within 70 days of receipt of the
19	consumer's claim; requiring the program to gather and make
20	available all documents relevant to a dispute; providing
21	consumer exemption from mediation when at least one
22	manufacturer does not qualify for the program; authorizing
23	the Department of Legal Affairs to revoke the
24	qualification of a noncompliant program; providing for
25	notice to programs and manufacturers not in compliance,
26	for opportunity to correct deficiencies, and for
27	administrative hearings; requiring the program to maintain
28	dispute records; creating an annual reporting requirement;
29	providing the program with rulemaking authority to
30	implement provisions of this section; amending s.
31	681.1097, F.S.; providing and revising dispute resolution
32	guidelines for consumers of recreational vehicles;
33	requiring consumers to submit their dispute to the
34	program; providing that the claim is considered filed when
35	it is date-stamped as received by the program; requiring
36	the consumer's application form to be prescribed by the
37	program; requiring the program administrator to screen all
38	applications to determine eligibility; requiring the
39	program administrator to provide notice of rejected
40	applications; providing for mandatory mediation and the
41	expansion of the scope of mediation at the consent of the
42	parties; providing guidelines for mediation proceedings;
43	requiring written response of manufacturers to consumer
44	allegations; removing requirement that the program
45	administrator notify the department of the mediation
46	outcome; extending the deadline for consumer notification
47	to the program administrator of a manufacturer's failure
48	to comply with a mediation decision; revising guidelines
49	for arbitration proceedings; providing that technical
50	rules of evidence shall not apply to arbitration
51	proceedings; providing for the expansion of the scope of
52	arbitration at the consent of the parties; requiring the
53	arbitrator's decision to consider all legal and equitable
54	factors; providing consumers with means for civil
55	enforcement of an award; extending the deadline for
56	consumer notification to the program administrator of a
57	manufacturer's failure to comply with an arbitration
58	decision; providing that the arbitrator's decision is
59	admissible as evidence in certain civil actions; providing
60	an effective date.
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1.  Subsection (8) is added to section 479.261,
65	Florida Statutes, to read:
66	479.261  Logo sign program.--
67	(8)  The department shall incorporate the use of RV
68	friendly markers on specific information logo signs for
69	establishments which cater to the needs of persons driving
70	recreational vehicles. Establishments which qualify for
71	participation in the specific information logo program and which
72	also qualify as RV friendly may request the RV friendly marker
73	on their specific information logo sign. An RV friendly marker
74	is a bright yellow circle with a crescent smile under the
75	letters RV. The department shall adopt rules pursuant to chapter
76	120 as necessary to implement the provisions of this subsection,
77	including rules setting forth the minimum requirements that
78	establishments must meet in order to qualify as RV friendly.
79	These requirements shall include large parking spaces,
80	entrances, and exits which can easily accommodate recreational
81	vehicles and facilities with appropriate overhead clearances, if
82	applicable.
83	Section 2.  Section 681.1096, Florida Statutes, is amended
84	to read:
85	681.1096  Pilot RV Mediation and Arbitration Program;
86	creation and qualifications.--
87	(1)  This section and s. 681.1097 shall apply to disputes
88	determined eligible under this chapter involving recreational
89	vehicles acquired on or after October 1, 1997, and shall remain
90	in effect until September 30, 2006, at which time recreational
91	vehicle disputes shall be subject to the provisions of ss.
92	681.109 and 681.1095. The Attorney General shall report to the
93	President of the Senate, the Speaker of the House of
94	Representatives, the Minority Leader of each house of the
95	Legislature, and appropriate legislative committees regarding
96	the effectiveness of the pilot program.
97	(2)  Each manufacturer of a recreational vehicle involved
98	in a dispute that is determined eligible under this chapter,
99	including chassis and component manufacturers which separately
100	warrant the chassis and components and which otherwise meet the
101	definition of manufacturer set forth in s. 681.102(14), shall
102	participate in a mediation and arbitration program that is
103	deemed qualified by the department.
104	(3)  In order to be deemed qualified by the department, the
105	mediation and arbitration program must, at a minimum, meet the
106	following requirements:
107	(a)  The program must be administered by an administrator
108	and staff that are is sufficiently insulated from the
109	manufacturer to ensure impartial mediation and arbitration
110	services and to ensure that a manufacturer does not make
111	decisions as to whether a consumer's dispute proceeds to
112	mediation or arbitration.
113	(b)  Program administration fees must be timely paid by the
114	manufacturer, and no such fees shall be charged to a consumer.
115	(c)  The program must be competently and adequately funded
116	and staffed at a level sufficient to ensure the provision of
117	fair and expeditious dispute resolution services.
118	(d)  Program mediators and arbitrators must be sufficiently
119	insulated from a manufacturer to ensure the provision of
120	impartial mediation and arbitration of disputes.
121	(e)  Program mediators and arbitrators shall not be
122	employed by a manufacturer or a motor vehicle dealer.
123	(f)  Program mediators must complete a Florida Supreme
124	Court certified circuit or county mediation training program, or
125	other mediation training program approved by the department, in
126	addition to a minimum of one-half day of training on this
127	chapter conducted by the department.
128	(g)  Program mediators must comply with the Model Standards
129	of Conduct for Mediators issued by the American Arbitration
130	Association, the Dispute Resolution Section of the American Bar
131	Association, and the Society of Professionals in Dispute
132	Resolution.
133	(h)  Program arbitrators must complete a Florida Supreme
134	Court certified circuit or county arbitration program, or other
135	arbitration training program approved by the department, in
136	addition to a minimum of 1 day of training in the application of
137	this chapter and any rules adopted thereunder conducted by the
138	department.
139	(i)  Program arbitrators must comply with the Code of
140	Ethics for Arbitrators in Commercial Disputes published by the
141	American Arbitration Association and the American Bar
142	Association in 1977 and as amended.
143	(j)  The program must ensure that the mediators and
144	arbitrators are sufficiently trained in the program rules and
145	procedures and in the provisions of this chapter at least every
146	other year and as a precondition to serving in the program. The
147	program shall monitor the performance of the mediators and
148	arbitrators to ensure that they are performing competently and
149	impartially and are complying with all program rules and
150	procedures and the provisions of this chapter. Program
151	arbitrators must construe and apply the provisions of this
152	chapter and rules adopted thereunder in making decisions.
153	(k)  The program must complete all mediation and
154	arbitration of an eligible consumer claim within 70 days of the
155	program administrator's receipt of the claim from a consumer the
156	department. Failure of the program to complete all proceedings
157	within the prescribed period will not invalidate any settlement
158	agreement or arbitration decision. The program shall gather all
159	documents from the parties to a dispute that are necessary to a
160	full consideration of the dispute, including, but not limited
161	to, a statement of the respective complaints, positions, and
162	desired resolution by the consumer and each manufacturer. Copies
163	of documents submitted to the program shall be provided to all
164	parties involved in the dispute, the assigned mediator, and the
165	assigned arbitrator.
166	(l)  Mediation conferences and arbitration proceedings must
167	be held at reasonably convenient locations within the state so
168	as to enable a consumer to attend and present a dispute orally.
169	(4)  The department shall monitor the program for
170	compliance with this chapter. If the program is determined not
171	qualified or if qualification is revoked, then disputes shall be
172	subject to the provisions of ss. 681.109 and 681.1095. If the
173	program is determined not qualified or if qualification is
174	revoked as to a manufacturer, all those manufacturers
175	potentially involved in the eligible consumer dispute the
176	involved manufacturer shall be required to submit to arbitration
177	conducted by the board if such arbitration is requested by a
178	consumer and the dispute is deemed eligible for arbitration by
179	the division pursuant to s. 681.109. A consumer having a dispute
180	involving one or more manufacturers for which the program has
181	been determined not qualified, or for which qualification has
182	been revoked, shall not be required to submit the dispute to the
183	program irrespective of whether the program may be qualified as
184	to some of the manufacturers potentially involved in the
185	dispute.
186	(5)  A program failing to meet the requirements of this
187	section, s. 681.1097, and the rules adopted thereunder by the
188	department shall not be qualified by the department. The
189	department may revoke the qualification of a program for failure
190	to maintain compliance with the requirements of this section, s.
191	681.1097, and the rules adopted thereunder by the department.
192	The department may revoke the qualification of a program as to
193	one or more participating manufacturers for conduct to be
194	specified by the department by rule pursuant to ss. 120.536(1)
195	and 120.54.
196	(6)(5)  If a program is determined not qualified or if
197	qualification is revoked, or if program qualification is revoked
198	as to a particular manufacturer, the program administrator and
199	the involved manufacturer, if any, shall be notified by the
200	department of any deficiencies in the program or, in the case of
201	a manufacturer, notified of the manufacturer's conduct in
202	violation of this chapter or the rules adopted thereunder by the
203	department, shall be given an opportunity to correct such
204	deficiencies, except as set forth by the department by rule, and
205	shall be informed that it is entitled to a hearing pursuant to
206	chapter 120.
207	(7)(6)  The program administrator, mediators, and
208	arbitrators are exempt from civil liability arising from any act
209	or omission in connection with any mediation or arbitration
210	conducted under this chapter.
211	(8)(7)  The program administrator shall maintain records of
212	each dispute submitted to the program, including the recordings
213	of arbitration hearings. Such records shall be maintained in a
214	manner separate from other unrelated records of the program. All
215	records maintained by the program under this chapter shall be
216	public records and shall be available for inspection by the
217	department upon reasonable notice. The program shall retain all
218	records for each dispute for at least 5 years after the final
219	disposition of the dispute. The program shall furnish the
220	department with copies of all settlement agreements and
221	decisions within 30 days of the date of such settlements and
222	decisions. The records for disputes closed as of September 30 of
223	each year shall be turned over to the department by the program
224	administrator by no later than October 30 of the same year,
225	unless a later date is specified by the department.
226	(9)  The program shall provide the department with
227	quarterly and annual reports containing such information as the
228	department shall by rule prescribe.
229	(10)(8)  The department shall have the authority to adopt
230	reasonable rules pursuant to ss. 120.536(1) and 120.54 to
231	implement carry out the provisions of this section.
232	Section 3.  Section 681.1097, Florida Statutes, is amended
233	to read:
234	681.1097  Pilot RV Mediation and Arbitration Program;
235	dispute eligibility and program function.--
236	(1)  Before filing a civil action on a matter subject to s.
237	681.104, a consumer who acquires a recreational vehicle must
238	first submit the dispute to the department, and to the program
239	if the dispute is deemed eligible. Such consumer is not required
240	to resort to a procedure certified pursuant to s. 681.108,
241	notwithstanding that one of the manufacturers of the
242	recreational vehicle has such a procedure. Such consumer is not
243	required to resort to arbitration conducted by the board, except
244	as provided in s. 681.1096(4) and in this section.
245	(2)  A consumer acquiring a recreational vehicle must apply
246	to participate in this program with respect to a claim arising
247	during the Lemon Law rights period by filing the application in
248	subsection (3) with the program department no later than 60 days
249	after the expiration of the Lemon Law rights period. The claim
250	is considered filed when the application is date-stamped as
251	received by the program.
252	(3)  The consumer's application for participation in the
253	program must be on a form prescribed or approved by the program
254	department. The program administrator department shall screen
255	all applications to participate in the program to determine
256	eligibility. The department shall forward to the program
257	administrator all applications the department determines are
258	potentially entitled to relief under this chapter.
259	(a)  If the department determines the application lacks
260	sufficient information from which a determination of eligibility
261	can be made, the department shall request additional information
262	from the consumer and, upon review of such additional
263	information, shall determine whether the application is eligible
264	or reject the application as incomplete.
265	(b)  The department shall reject any application it
266	determines to be fraudulent or outside the scope of this
267	chapter.
268	(a)(c)  The consumer and the manufacturer shall be notified
269	in writing by the program administrator department if an
270	application is rejected. Such notification of rejection shall
271	include a brief explanation as to the reason for the rejection.
272	(b)(d)  If the program administrator department rejects a
273	dispute, the consumer may file a lawsuit to enforce the remedies
274	provided under this chapter. In any civil action arising under
275	this chapter and relating to the matter considered by the
276	program department, any determination made to reject a dispute
277	is admissible in evidence.
278	(e)  The department may delegate responsibility for the
279	screening of claims to the program, in which event claims filed
280	with the department shall be forwarded to the program
281	administrator and the provisions of this section shall apply to
282	claims screened by the program.
283	(4)  Mediation shall be mandatory for both the consumer and
284	manufacturer, unless the dispute is settled prior to the
285	scheduled mediation conference. The mediation conference shall
286	be confidential and inadmissible in any subsequent adversarial
287	proceedings. Participation shall be limited to the parties
288	directly involved in the dispute and their attorneys, if any.
289	All manufacturers shall be represented by persons with
290	settlement authority. The parties may, by agreement, consent to
291	expand the scope of a mediation conference to attempt to resolve
292	warranty claims by the consumer that may not be covered under
293	this chapter, provided such claims were reported by the consumer
294	to the manufacturer or its authorized service agent during the
295	term of the manufacturer's express warranty.
296	(a)  Upon determination that an application is eligible
297	receipt of an eligible application, the program administrator
298	shall notify the consumer and all involved manufacturers in
299	writing that an eligible application has been received. Such
300	notification shall include a statement that a mediation
301	conference will be scheduled, shall identify the assigned
302	mediator, and provide information regarding the program's
303	procedures. The program administrator shall provide all involved
304	manufacturers with a copy of the completed application and
305	obtain from each manufacturer a written response to the
306	allegations contained in the application along with copies of
307	any documents in support of such response. The written response
308	shall be on a form and submitted in the manner prescribed by the
309	program.
310	(b)  The mediator shall be selected and assigned by the
311	program administrator. The parties may factually object to a
312	mediator based upon the mediator's past or present relationship
313	with a party or a party's attorney, direct or indirect, whether
314	financial, professional, social, or of any other kind. The
315	program administrator shall consider any such objection,
316	determine its validity, and notify the parties of any
317	determination. If the objection is determined valid, the program
318	administrator shall assign another mediator to the case.
319	(c)  At the mediation conference, the mediator shall assist
320	the parties' efforts to reach a mutually acceptable settlement
321	of their dispute; however, the mediator shall not impose any
322	settlement upon the parties.
323	(d)  Upon conclusion of the mediation conference, the
324	mediator shall notify the program administrator that the case
325	has settled or remains at an impasse. The program administrator
326	shall notify the department in writing of the outcome of the
327	mediation.
328	(e)  If the mediation conference ends in an impasse, it
329	shall proceed to arbitration pursuant to subsection (5). The
330	program administrator shall immediately notify the parties in
331	writing that the dispute will proceed to arbitration and shall
332	identify the assigned arbitrator.
333	(f)  If the parties enter into a settlement at any time
334	after the dispute has been submitted to the program, such
335	settlement must be reduced to legible writing, signed by the
336	consumer and all involved manufacturers, and filed with the
337	program administrator. The program administrator shall send a
338	copy to the department. All settlements must contain, at a
339	minimum, the following information:
340	1.  Name and address of the consumer.
341	2.  Name and address of each involved manufacturer.
342	3.  Year, make, model, and vehicle identification number of
343	the subject recreational vehicle.
344	4.  Name and address of the dealership from which the
345	recreational vehicle was acquired.
346	5.  Date the claim was received by the program
347	administrator.
348	6.  Name of the mediator and/or arbitrator, if any.
349	7.  A complete statement of the terms of the agreement,
350	including, but not limited to: whether the vehicle is to be
351	reacquired by a manufacturer and the identity of the
352	manufacturer that will reacquire the vehicle; the amount of any
353	moneys to be paid by the consumer and/or a manufacturer; the
354	year, make, and model of any replacement motor vehicle or motor
355	vehicle accepted by the consumer as a trade-assist; the date,
356	time, location, and nature of any agreed upon repair or
357	replacement of a component part or accessory and an estimate as
358	to the anticipated length of time for such repair or
359	replacement; and a time certain for performance not to exceed 40
360	days from the date the settlement agreement is signed by the
361	parties.
362	(g)  If a manufacturer fails to perform within the time
363	required in any settlement agreement, the consumer must notify
364	the program administrator of such failure in writing within 30
365	10 days of the required performance date. Within 10 days of
366	receipt of such notice, the program administrator shall
367	determine whether the dispute is eligible to proceed to
368	arbitration notify the department of the manufacturer's failure
369	in compliance and shall schedule the matter for an arbitration
370	hearing pursuant to subsection (5). If the program administrator
371	determines the dispute is not eligible for arbitration, the
372	dispute shall be rejected pursuant to subsection (3).
373	(5)  If the mediation ends in an impasse, or if a
374	manufacturer fails to comply with the settlement entered into
375	between the parties, the program administrator shall schedule
376	the dispute for an arbitration hearing. Arbitration proceedings
377	shall be open to the public on reasonable and nondiscriminatory
378	terms.
379	(a)  The arbitration hearing shall be conducted by a single
380	arbitrator assigned by the program administrator. The arbitrator
381	shall not be the same person as the mediator who conducted the
382	prior mediation conference in the dispute. The parties may
383	factually object to an arbitrator based on the arbitrator's past
384	or present relationship with a party or a party's attorney,
385	direct or indirect, whether financial, professional, social, or
386	of any other kind. The program administrator shall consider any
387	such objection, determine its validity, and notify the parties
388	of any determination. If the objection is determined valid, the
389	program administrator shall assign another arbitrator to the
390	case.
391	(b)  The arbitrator may issue subpoenas for the attendance
392	of witnesses and for the production of records, documents, and
393	other evidence. Subpoenas so issued shall be served and, upon
394	application to the court by a party to the arbitration, enforced
395	in the manner provided by law for the service and enforcement of
396	subpoenas in civil actions. Fees for attendance as a witness
397	shall be the same as for a witness in the circuit court.
398	(c)  At all program arbitration proceedings, the parties
399	may present oral and written testimony, present witnesses and
400	evidence relevant to the dispute, cross-examine witnesses, and
401	be represented by counsel. The technical rules of evidence as
402	are applicable to civil court proceedings shall not apply to
403	arbitrations conducted by the program. The arbitrator shall
404	record the arbitration hearing and shall have the power to
405	administer oaths. The arbitrator may inspect the vehicle if
406	requested by a party or if the arbitrator considers such
407	inspection appropriate. The parties may, by mutual written
408	agreement, consent to expand the scope of the arbitration
409	hearing to permit consideration by the arbitrator of warranty
410	claims by the consumer that may not be covered under this
411	chapter, provided such claims were first reported by the
412	consumer to the manufacturer or its authorized service agent
413	during the term of the manufacturer's express warranty.
414	(d)  The program arbitrator may continue a hearing on his
415	or her own motion or upon the request of a party for good cause
416	shown. A request for continuance by the consumer constitutes a
417	waiver of the time period set forth in s. 681.1096(3)(k) for
418	completion of all proceedings under the program.
419	(e)  Where the arbitration is the result of a
420	manufacturer's failure to perform in accordance with a
421	settlement agreement, any relief to the consumer granted by the
422	arbitration will be no less than the relief agreed to by the
423	manufacturer in the settlement agreement.
424	(e)(f)  The arbitrator shall, in rendering decisions, take
425	into account all legal and equitable factors germane to a fair
426	and just decision, including, but not limited to, the warranty
427	and the provisions of this chapter grant relief if a reasonable
428	number of attempts have been undertaken to correct a
429	nonconformity or nonconformities.
430	(f)(g)  The program arbitrator shall render a decision
431	within 10 days of the closing of the hearing. The decision shall
432	be in legible writing on a form prescribed or approved by the
433	program department. The program administrator shall send a copy
434	of the decision to the consumer and each involved manufacturer
435	by registered mail. The program administrator shall also send a
436	copy of the decision to the department within 5 days of mailing
437	to the parties.
438	(g)(h)  A manufacturer shall comply with an arbitration
439	decision within 40 days of the date the manufacturer receives
440	the written decision. Compliance occurs on the date the consumer
441	receives delivery of an acceptable replacement motor vehicle or
442	the relief refund specified in the arbitration award.
443	(h)  If a manufacturer fails to comply within the time
444	required, and no appeal has been filed, the consumer shall must
445	notify the program administrator of such failure in writing
446	within 30 10 days. The program administrator shall notify the
447	department of a manufacturer's failure to comply. A consumer may
448	apply to a court of competent jurisdiction in this state for
449	entry of an order confirming the award. Such application shall
450	be by motion filed within 40 days of the manufacturer's failure
451	to comply and shall be heard in the manner and upon notice
452	provided by law or rule of court for the making and hearing of
453	motions. Such application shall be served in the manner provided
454	by law for the service of a civil summons. The consumer shall
455	send a copy of the application for confirmation of the award and
456	any order entered by the court confirming the award to the
457	program administrator. The department shall have the authority
458	to enforce compliance with arbitration decisions under this
459	section in the same manner as is provided for enforcement of
460	compliance with board decisions under s. 681.1095(10). In any
461	civil action arising under this chapter and relating to a
462	dispute arbitrated pursuant to this section, the decision of the
463	arbitrator is admissible in evidence.
464	(i)  Either party may request that the program arbitrator
465	make a technical correction to the decision by filing a written
466	request with the program administrator within 10 days after
467	receipt of the written decision. Technical corrections shall be
468	limited to computational errors, correction of a party's name or
469	information regarding the recreational vehicle, and
470	typographical or spelling errors. Technical correction of a
471	decision shall not toll the time for filing an appeal or for
472	manufacturer compliance.
473	(6)  Except as otherwise provided, all provisions in this
474	section pertaining to mandatory mediation and arbitration,
475	eligibility screening, mediation proceedings, arbitration
476	hearings and decisions, and any appeals thereof are exempt from
477	the provisions of chapter 120.
478	(7)  A decision of the arbitrator is binding unless
479	appealed by either party by filing a petition with the circuit
480	court within the time and in the manner prescribed by s.
481	681.1095(10) and (12). Section 681.1095(13) and (14) apply to
482	appeals filed under this section. If a decision of a program
483	arbitrator in favor of a consumer is confirmed by the court,
484	recovery by the consumer shall include the pecuniary value of
485	the award, attorney's fees incurred in obtaining confirmation of
486	the award, and all costs and continuing damages in the amount of
487	$25 per day for each day beyond the 40-day period following a
488	manufacturer's receipt of the arbitrator's decision. If a court
489	determines the manufacturer acted in bad faith in bringing the
490	appeal or brought the appeal solely for the purpose of
491	harassment, or in complete absence of a justiciable issue of law
492	or fact, the court shall double, and may triple, the amount of
493	the total award.
494	(8)  In any civil action arising under this chapter
495	relating to a dispute arbitrated pursuant to this section, the
496	decision of the arbitrator is admissible in evidence.
497	(9)(8)  The department shall have the authority to adopt
498	reasonable rules pursuant to ss. 120.536(1) and 120.54 to
499	implement carry out the provisions of this section.
500	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.