Bill No. 0833
Amendment No. 081781
Senate House

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

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