| 1 | Representative(s) Vana offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Remove lines 173 through 207, and insert: |
| 5 |
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| 6 | Section 3. Section 501.142, Florida Statutes, is amended |
| 7 | to read: |
| 8 | 501.142 Retail sales establishments; preemption; notice of |
| 9 | refund policy; exceptions; penalty.-- |
| 10 | (1) The regulation of refunds is preempted to the |
| 11 | Department of Agriculture and Consumer Services, notwithstanding |
| 12 | any other law or local ordinance to the contrary. Every retail |
| 13 | sales establishment offering goods for sale to the general |
| 14 | public that offers no cash refund, credit refund, or exchange of |
| 15 | merchandise must post a sign so stating at the point of sale. |
| 16 | Failure of a retail sales establishment to exhibit a "no refund" |
| 17 | sign under such circumstances at the point of sale shall mean |
| 18 | that a refund or exchange policy exists, and the policy shall be |
| 19 | presented in writing to the consumer upon request. Any retail |
| 20 | establishment failing to comply with the provisions of this |
| 21 | section shall grant to the consumer, upon request and proof of |
| 22 | purchase, a refund on the merchandise, within 7 days of the date |
| 23 | of purchase, provided the merchandise is unused and in the |
| 24 | original carton, if one was furnished. Nothing herein shall |
| 25 | prohibit a retail sales establishment from having a refund |
| 26 | policy which exceeds the number of days specified herein. The |
| 27 | department may adopt rules pursuant to chapter 120 to enforce |
| 28 | the provisions of this section. However, this subsection does |
| 29 | not prohibit a local government from enforcing the provisions |
| 30 | established by this section or department rule. |
| 31 | (2) The provisions of this section shall not apply to the |
| 32 | sale of food, perishable goods, goods which are custom made, |
| 33 | goods which are custom altered at the request of the customer, |
| 34 | or goods which cannot be resold by the merchant because of any |
| 35 | law, rule, or regulation adopted by a governmental body. |
| 36 | (3) The department may enter an order doing one or more of |
| 37 | the following if the department finds that a person has violated |
| 38 | or is operating in violation of any of the provisions of this |
| 39 | section or the rules or orders issued under this section: |
| 40 | (a) Issue a notice of noncompliance pursuant to s. |
| 41 | 120.695. |
| 42 | (b) Impose an administrative fine not to exceed $100 for |
| 43 | each violation. |
| 44 | (c) Direct that the person cease and desist specified |
| 45 | activities. |
| 46 | (4) The administrative proceedings that could result in |
| 47 | the entry of an order imposing any of the penalties specified in |
| 48 | subsection (3) are governed by chapter 120. |
| 49 | (5) Any moneys recovered by the Department of Agriculture |
| 50 | and Consumer Services as a penalty under this section shall be |
| 51 | deposited in the General Inspection Trust Fund. |
| 52 | (6) Upon a first violation of this section, a local |
| 53 | government may issue a written warning. Upon a second or |
| 54 | subsequent violation, a local government may impose a fine of up |
| 55 | to $50 per violation. Any moneys recovered by the local |
| 56 | government as a penalty under this section shall be deposited in |
| 57 | the appropriate local government account. |
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| 59 |
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| 60 | =========== D I R E C T O R Y A M E N D M E N T ========== |
| 61 | Remove line 131 and insert: |
| 62 |
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| 63 | Section 2. Subsections (7) and (8) of section |
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| 65 |
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| 66 | ================ T I T L E A M E N D M E N T ============= |
| 67 | Remove lines 16 through 21, and insert: |
| 68 |
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| 69 | under certain circumstances; amending s. 501.142, F.S.; |
| 70 | providing that the regulation of refunds in retail sales |
| 71 | establishments is preempted by the Department of |
| 72 | Agriculture and Consumer Services; authorizing the |
| 73 | department to adopt rules; authorizing the department to |
| 74 | enter orders for certain violations; providing for the |
| 75 | deposit of moneys recovered by the department as |
| 76 | penalties; authorizing a local government to impose |
| 77 | penalties for violation; |