Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2496
Barcode 703180
CHAMBER ACTION
Senate House
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04/03/2006 04:44 PM .
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11 The Committee on Transportation (Bennett) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Section 501.975, Florida Statutes, is
19 amended to read:
20 501.975 Definitions.--As used in this part s. 501.976,
21 the term following terms shall have the following meanings:
22 (1) "Customer" includes a customer's designated agent.
23 (2) "Dealer" means a motor vehicle dealer as defined
24 in s. 320.27, but does not include a motor vehicle auction as
25 defined in s. 320.27(1)(c)4.
26 (3) "Replacement item" means a tire, bumper, bumper
27 fascia, glass, in-dashboard equipment, seat or upholstery
28 cover or trim, exterior illumination unit, grill, sunroof,
29 external mirror and external body cladding. The replacement of
30 up to three of these items does not constitute repair of
31 damage if each item is replaced because of a product defect or
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1 damage damaged due to vandalism, lot damage, or an act of God
2 while the new motor vehicle is under the control of the dealer
3 and the items are replaced with original manufacturer
4 equipment, unless an item is replaced due to a crash,
5 collision, or accident.
6 (4) "Threshold amount" means 3 percent of the
7 manufacturer's suggested retail price of a motor vehicle or
8 $650, whichever is less.
9 (5) "Vehicle" means any automobile, truck, bus,
10 recreational vehicle, or motorcycle required to be licensed
11 under chapter 320 for operation over the roads of Florida, but
12 does not include trailers, mobile homes, travel trailers, or
13 trailer coaches without independent motive power.
14 Section 2. Section 501.9755, Florida Statutes, is
15 created to read:
16 501.9755 Unlawful acts and practices.--
17 (1) Unfair methods of competition, unconscionable acts
18 or practices, and unfair or deceptive acts or practices in the
19 conduct of any trade or commerce by a dealer are unlawful.
20 (2) It is the intent of the Legislature that, in
21 construing subsection (1), due consideration and great weight
22 be given to the interpretations of the Federal Trade
23 Commission and the federal courts relating to s. 5(a)(1) of
24 the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1).
25 Section 3. Section 501.976, Florida Statutes, is
26 amended to read:
27 501.976 Actionable, unfair, or deceptive acts or
28 practices.--In addition to acts and practices actionable under
29 s. 501.9755, it is an unfair or deceptive act or practice,
30 actionable under the Florida Deceptive and Unfair Trade
31 Practices Act, for a dealer to:
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1 (1) Represent directly or indirectly that a motor
2 vehicle is a factory executive vehicle or executive vehicle
3 unless the such vehicle was purchased directly from the
4 manufacturer or a subsidiary of the manufacturer and the
5 vehicle was used exclusively by the manufacturer, its
6 subsidiary, or a dealer for the commercial or personal use of
7 the manufacturer's, subsidiary's, or dealer's employees.
8 (2) Represent directly or indirectly that a vehicle is
9 a demonstrator unless the vehicle complies with the definition
10 of a demonstrator in s. 320.60(3).
11 (3) Represent the previous usage or status of a
12 vehicle to be something that it was not, or make usage or
13 status representations unless the dealer has correct
14 information regarding the history of the vehicle to support
15 the representations.
16 (4) Represent the quality of care, regularity of
17 servicing, or general condition of a vehicle unless known by
18 the dealer to be true and supportable by material fact.
19 (5) Represent orally or in writing that a particular
20 vehicle has not sustained structural or substantial skin
21 damage unless the statement is made in good faith and the
22 vehicle has been inspected by the dealer or his or her agent
23 to determine whether the vehicle has incurred such damage.
24 (6) Sell a vehicle without fully and conspicuously
25 disclosing in writing at or before the consummation of sale
26 any warranty or guarantee terms, obligations, or conditions
27 that the dealer or manufacturer has given to the buyer. If the
28 warranty obligations are to be shared by the dealer and the
29 buyer, the method of determining the percentage of repair
30 costs to be assumed by each party must be disclosed. If the
31 dealer intends to disclaim or limit any expressed or implied
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1 warranty, the disclaimer must be in writing in a conspicuous
2 manner and in lay terms in accordance with chapter 672 and the
3 Magnuson-Moss Warranty--Federal Trade Commission Improvement
4 Act.
5 (7) Provide an express or implied warranty and fail to
6 honor such warranty unless properly disclaimed pursuant to
7 subsection (6).
8 (8) Misrepresent warranty coverage, application
9 period, or any warranty transfer cost or conditions to a
10 customer.
11 (9) Obtain signatures from a customer on contracts
12 that are not fully completed as to all material terms at the
13 time the customer signs or which do not reflect accurately the
14 negotiations and agreement between the customer and the
15 dealer. However, this subsection does not apply if, at the
16 time of the transaction, the customer acknowledges in writing,
17 separate from any other text, having read substantially the
18 following notice:
19 STATUTORY CONSUMER NOTICE: A vehicle
20 purchase or lease is a substantial transaction.
21 Do not execute any sale or lease document if it
22 is not fully completed or does not accurately
23 reflect your agreement with the motor vehicle
24 dealer. If you suffer any damages as a result
25 of improper actions of the motor vehicle
26 dealer, relief may be available to you under
27 the laws of this state, including part VI of
28 chapter 501, Florida Statutes.
29 (10) Require or accept a deposit from a prospective
30 customer prior to entering into a binding contract for the
31 purchase and sale of a vehicle unless the customer is given a
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1 written receipt that states how long the dealer will hold the
2 vehicle from other sale and the amount of the deposit, and
3 clearly and conspicuously states whether and upon what
4 conditions the deposit is refundable or nonrefundable.
5 (11) Add to the cash price of a vehicle as defined in
6 s. 520.02(2) any fee or charge other than those provided in
7 that section and in rule 3D-50.001, Florida Administrative
8 Code. All fees or charges permitted to be added to the cash
9 price by rule 3D-50.001, Florida Administrative Code, must be
10 fully disclosed to customers in all binding contracts
11 concerning the vehicle's selling price.
12 (12) Alter or change the odometer mileage of a vehicle
13 except in compliance with 49 U.S.C. s. 32704.
14 (13) Sell a vehicle without disclosing to the customer
15 the actual year and model of the vehicle.
16 (14) File a lien against a new vehicle purchased with
17 a check unless the dealer fully discloses to the purchaser
18 that a lien will be filed if purchase is made by check and
19 fully discloses to the buyer the procedures and cost to the
20 buyer for gaining title to the vehicle after the lien is
21 filed.
22 (15) Increase the price of the vehicle after having
23 accepted an order of purchase or a contract from a buyer,
24 notwithstanding subsequent receipt of an official price change
25 notification. The price of a vehicle may be increased after a
26 dealer accepts an order of purchase or a contract from a buyer
27 if:
28 (a) A trade-in vehicle is reappraised because it
29 subsequently is damaged, or parts or accessories are removed;
30 (b) The price increase is caused by the addition of
31 new equipment, as required by state or federal law;
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1 (c) The price increase is caused by the revaluation of
2 the United States dollar by the Federal Government, in the
3 case of a foreign-made vehicle;
4 (d) The price increase is caused by state or federal
5 tax rate changes; or
6 (e) Price protection is not provided by the
7 manufacturer, importer, or distributor.
8 (16) Advertise the price of a vehicle unless the
9 vehicle is identified by year, make, model, and a commonly
10 accepted trade, brand, or style name. The advertised price
11 must include all fees or charges that the customer must pay,
12 including freight or destination charge, dealer preparation
13 charge, and charges for undercoating or rustproofing. State
14 and local taxes, tags, registration fees, and title fees,
15 unless otherwise required by local law or standard, need not
16 be disclosed in the advertisement. When two or more dealers
17 advertise jointly, with or without participation of the
18 franchisor, the advertised price need not include fees and
19 charges that are variable among the individual dealers
20 cooperating in the advertisement, but the nature of all
21 charges that are not included in the advertised price must be
22 disclosed in the advertisement.
23 (17) Charge a customer for any predelivery service
24 required by the manufacturer, distributor, or importer for
25 which the dealer is reimbursed by the manufacturer,
26 distributor, or importer.
27 (18) Charge a customer for any predelivery service
28 without having printed on all documents that include a line
29 item for predelivery service the following disclosure: "This
30 charge represents costs and profit to the dealer for items
31 such as inspecting, cleaning, and adjusting vehicles, and
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1 preparing documents related to the sale."
2 (19) Fail to disclose damage to a new motor vehicle,
3 as defined in s. 319.001(8), of which the dealer had actual
4 knowledge, if the dealer's actual cost of repairs exceeds the
5 threshold amount, excluding replacement items.
6
7 In any civil litigation resulting from a violation of this
8 section, when evaluating the reasonableness of an award of
9 attorney's fees to a private person, the trial court shall
10 consider the amount of actual damages in relation to the time
11 spent.
12 Section 4. Section 501.9765, Florida Statutes, is
13 created to read:
14 501.9765 Violations involving a senior citizen or
15 handicapped person; civil penalties; presumption.--
16 (1) As used in this section, the term:
17 (a) "Senior citizen" means a person who is 60 years of
18 age or older.
19 (b) "Handicapped person" means any person who has a
20 mental or educational impairment that substantially limits one
21 or more major life activities.
22 (c) "Mental or educational impairment" means:
23 1. Any mental or psychological disorder or specific
24 learning disability.
25 2. Any educational deficiency that substantially
26 affects a person's ability to read and comprehend the terms of
27 any contractual agreement entered into.
28 (d) "Major life activities" means functions associated
29 with the normal activities of independent daily living such as
30 caring for oneself, performing manual tasks, walking, seeing,
31 hearing, speaking, breathing, learning, and working.
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1 (2) Any person who willfully uses, or has willfully
2 used, a method, act, or practice in violation of this part,
3 which method, act, or practice victimizes or attempts to
4 victimize a senior citizen or handicapped person, and commits
5 such violation when he or she knew or should have known that
6 his or her conduct was unfair or deceptive, is liable for a
7 civil penalty of not more than $15,000 for each such
8 violation.
9 (3) Any order of restitution or reimbursement based on
10 a violation of this part committed against a senior citizen or
11 handicapped person has priority over the imposition of civil
12 penalties for violations of this section.
13 (4) Civil penalties collected under this section shall
14 be deposited into the Legal Affairs Revolving Trust Fund of
15 the Department of Legal Affairs and allocated to the
16 Department of Legal Affairs solely for the purpose of
17 preparing and distributing consumer-education materials,
18 programs, and seminars to benefit senior citizens and
19 handicapped persons or to enhance efforts to enforce this
20 section.
21 Section 5. Section 501.977, Florida Statutes, is
22 created to read:
23 501.977 Other individual remedies.--
24 (1) Without regard to any other remedy or relief to
25 which a person is entitled, anyone aggrieved by a violation of
26 this part by a dealer may bring an action against the dealer
27 in order to obtain a declaratory judgment that an act or
28 practice violates this part and to enjoin a dealer who has
29 violated, is violating, or is otherwise likely to violate,
30 this part.
31 (2) In any action brought by a person who has suffered
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1 a loss as a result of a violation of this part, the person may
2 recover actual damages, plus attorney's fees and court costs
3 as provided in s. 501.979. However, damages, fees, or costs
4 are not recoverable under this section against a dealer who
5 has, in good faith, engaged in the dissemination of claims of
6 a manufacturer, distributor, importer, or wholesaler without
7 actual knowledge that doing so violates this part.
8 (3) In any action brought under this section, if,
9 after the filing of a motion by the dealer, the court finds
10 that the action is frivolous, without legal or factual merit,
11 or brought for the purpose of harassment, the court may, after
12 hearing evidence as to the necessity therefor, require the
13 party instituting the action to post a bond in the amount that
14 the court finds reasonable to indemnify the defendant for any
15 costs incurred, or to be incurred, including reasonable
16 attorney's fees in defending the claim. This subsection does
17 not apply to any action initiated by the enforcing authority.
18 Section 6. Section 501.978, Florida Statutes, is
19 created to read:
20 501.978 Effect on other remedies.--
21 (1) The remedies of this part are in addition to
22 remedies otherwise available for the same conduct under state
23 or local law.
24 (2) This part is supplemental to, and does not
25 preempt, local consumer-protection ordinances not inconsistent
26 with this part.
27 Section 7. Section 501.979, Florida Statutes, is
28 created to read:
29 501.979 Attorney's fees.--
30 (1) In any civil litigation resulting from an act or
31 practice involving a violation of this part, except as
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1 provided in subsection (5) and s. 501.980, the prevailing
2 party, after judgment in the trial court and exhaustion of all
3 appeals, if any, shall receive his or her reasonable
4 attorney's fees and costs from the nonprevailing party. When
5 evaluating the reasonableness of an award of attorney's fees
6 to a private person, the trial court shall consider the actual
7 damages in relation to the time spent.
8 (2) The attorney for the prevailing party shall submit
9 a sworn affidavit of his or her time spent on the case and his
10 or her costs incurred for all the motions, hearings, and
11 appeals to the trial judge who presided over the civil case.
12 (3) The trial judge may award the prevailing party the
13 sum of reasonable costs incurred in the action, plus
14 reasonable attorney's fees for the hours actually spent on the
15 case as sworn to in an affidavit.
16 (4) Any award of attorney's fees or costs becomes a
17 part of the judgment and is subject to execution as the law
18 allows.
19 (5) In any civil litigation initiated by the enforcing
20 authority, the court may award to the prevailing party
21 reasonable attorney's fees and costs if the court finds that
22 there was a complete absence of a justiciable issue of law or
23 fact raised by the losing party or if the court finds bad
24 faith on the part of the losing party.
25 (6) In any administrative proceeding or other
26 nonjudicial action initiated by an enforcing authority, the
27 attorney for the enforcing authority may certify by sworn
28 affidavit the number of hours and the cost thereof to the
29 enforcing authority for the time spent in the investigation
30 and litigation of the case, plus costs reasonably incurred in
31 the action. Payment to the enforcing authority of the sum of
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1 the costs may, by stipulation of the parties, be made a part
2 of the final order or decree disposing of the matter. The
3 affidavit shall be attached to and become a part of the order
4 or decree.
5 Section 8. Section 501.980, Florida Statutes, is
6 created to read:
7 501.980 Demand letter.--
8 (1) As a condition precedent to initiating any civil
9 litigation arising under this part, a claimant must give the
10 dealer written notice of the claimant's intent to initiate
11 litigation against the dealer not less than 30 days before
12 initiating the litigation.
13 (2) The notice, which must be completed in good faith,
14 must:
15 (a) State that it is a demand letter under s. 501.980;
16 (b) State the name, address, and telephone number of
17 the claimant;
18 (c) State the name and address of the dealer;
19 (d) Provide the date and a description of the
20 transaction, event, or circumstance that is the basis of the
21 claim;
22 (e) Describe with specificity the underlying facts and
23 how they give rise to an alleged violation of this part;
24 (f) To the extent applicable, be accompanied by all
25 transaction or other documents upon which the claim is based
26 or upon which the claimant is relying to assert the claim;
27 (g) Include a statement describing and providing the
28 amount of each item of actual damages demanded by the claimant
29 and recoverable under this part. However, to the extent the
30 claimant cannot in good faith quantify any item of actual
31 damage as required, the claimant shall provide a comprehensive
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1 description of the item of damage or a formula or basis by
2 which the dealer may calculate the damage; and
3 (h) Include a description of reasonable attorney's
4 fees incurred, if any, for which reimbursement, not to exceed
5 $500, is sought.
6 (3)(a) The notice of the claim must be delivered to
7 the dealer by certified mail, return receipt requested. The
8 postal costs shall be reimbursed to the claimant by the dealer
9 if the dealer pays the claim and if the claimant requests
10 reimbursement of the postal costs in the notice of claim.
11 (b) If the dealer is a corporate entity, the notice of
12 claim must be sent to the registered agent of the dealer as
13 recorded with the Department of State and, in the absence of a
14 registered agent, any person listed in s. 48.081(1).
15 (4) Notwithstanding any provision of this part to the
16 contrary, a claimant may not initiate litigation against a
17 dealer for a claim arising under this part related to, or in
18 connection with, the transaction or event described in the
19 notice of claim if the dealer pays the claimant within 30 days
20 after receiving the notice of claim:
21 (a) The amount requested in the demand letter as
22 specified in paragraph (2)(g);
23 (b) A surcharge of 10 percent of the amount requested
24 in the demand letter, not to exceed $500; and
25 (c) The attorney's fees of the claimant as specified
26 in paragraph (2)(h), not to exceed $500.
27 (5)(a) Subsection (4) does not apply if the notice of
28 claim specifies nonquantified items of damage. However, the
29 dealer may notify the claimant in writing within 30 days after
30 receiving the notice of claim that the dealer proposes to pay
31 the claim with modifications. The dealer must inform the
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1 claimant that he or she has placed a value on the
2 nonquantified items of damage and intends to pay that amount
3 in addition to the payments described in paragraphs (4)(a) and
4 (b).
5 (b) The claimant must accept or reject, in writing,
6 the offer of the dealer within 10 business days after
7 receiving the offer.
8 (c) Upon receipt of the notice of acceptance, the
9 dealer must pay the claimant the amount set forth in the
10 proposal within 10 business days after receiving the notice of
11 acceptance.
12 (d) A claimant may not initiate litigation against the
13 dealer for a claim under this part that is related to, or in
14 connection with, the transaction or event described in the
15 notice of claim unless:
16 1. The dealer ignores, rejects, or fails to timely
17 respond to the claimant's demand, or fails to pay within 10
18 business days the amount accepted by claimant; or
19 2. The claimant does not accept the proposal of the
20 dealer.
21 (6) If the notice of claim includes damages that arise
22 from the claimant's not having access to a motor vehicle due
23 to the alleged conduct of the dealer, the time set forth in
24 subsections (4) and (5) for the dealer to respond are reduced
25 from 30 days to 10 business days.
26 (7) For the purpose of this section, payment by a
27 dealer is deemed paid on the date a draft or other valid
28 instrument that is equivalent to payment is placed in the
29 United States mail, or other nationally recognized carrier, in
30 a properly addressed, postpaid envelope, or, if not so posted,
31 on the date of delivery.
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1 (8) The claimant is not entitled to a surcharge in any
2 proceeding initiated against a dealer under this part if the
3 dealer rejects or ignores the notice of claim or the claimant
4 rejects or ignores the dealer's proposal described in
5 subsection (5).
6 (9) Notwithstanding any provision of this part to the
7 contrary, a dealer is not required to pay the attorney's fees
8 of the claimant in any civil action brought under this part
9 if:
10 (a) The dealer, within 30 days after receiving the
11 claimant's notice of claim, notifies the claimant in writing,
12 and a court or arbitrator agrees, that the amount claimed is
13 not supported by the facts of the transaction or event
14 described in the notice of claim or by generally accepted
15 accounting principles, or includes items not properly
16 recoverable under this part, but nevertheless offers to pay to
17 the claimant the actual damages that are supported by the
18 facts of the transaction or event described in the notice of
19 claim and properly recoverable under this part, and the
20 surcharge and attorney's fees, if any, described in subsection
21 (4);
22 (b) The claimant's basis for rejecting or ignoring the
23 dealer's proposal described in subsection (5) is not supported
24 by the facts described in the notice of claim, generally
25 accepted accounting principles, or the law; or
26 (c) The claimant fails to substantially comply with
27 this section.
28 (10) This section shall apply to class action claims,
29 subject to the following conditions:
30 (a) In addition to describing the claimant's
31 individual claim as required by subsection (2), the class
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1 action notice of claim to the dealer must also include:
2 1. The definition of the class of claimants for whom
3 relief is sought;
4 2. A description of the alleged violations of this
5 part that have allegedly damaged the class; and
6 3. A statement describing and providing the amount of
7 each item of actual damages demanded by the claimant on behalf
8 of the class under this part or, if the claimant cannot in
9 good faith quantify an item of actual damages, a comprehensive
10 description of the item of damages and a formula or basis by
11 which the dealer may calculate the damages.
12 (b) The surcharge set forth in subsection (4) shall
13 not apply.
14 (c) All time periods described in other subsections of
15 this section shall be 45 days in length for class actions
16 unless further extended by a written agreement of the parties.
17 (d) If the dealer agrees to pay the damages demanded
18 in the class action notice of claim, the dealer must notify
19 the claimant of the decision in writing within 90 days after
20 receiving the class action notice of claim. Within 90 days
21 after receiving the dealer's notice of agreement, the
22 claimant, on behalf of the class, must file a civil action to
23 enforce the agreement, the purpose of which is to conduct
24 proceedings to determine the fairness of the agreement to the
25 class, to administer the agreed resolution of the class
26 action, to provide for notification and opt-out procedures
27 applicable in a class action, to ensure compliance with the
28 rules of civil procedure, and to award reasonable attorney's
29 fees to the claimant's counsel for actual time spent in
30 connection with the proceeding. If the claimant fails to
31 timely file the civil action within 90 days or if the court
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1 determines that the agreement is not fair to the class, the
2 class action notice and the dealer's response are void.
3 (e) A dealer is not obligated to pay attorney's fees
4 for the claimant in a class action proceeding if the dealer,
5 within 45 days after receiving the class action notification,
6 informs the claimant in writing, and a court or arbitrator in
7 a subsequent action agrees, that:
8 1. The claimant is seeking to recover damages for the
9 class which are not properly recoverable under this part or is
10 seeking to recover damages that are not supported by the facts
11 of the transaction or event described in the class action
12 notice of claim or by generally accepted accounting
13 principles, but still offers to pay the class all damages
14 properly recoverable and listed in the notice of claim; or
15 2. The claim or class is not a valid class claim or
16 the class is not properly certified as a class, but the dealer
17 still offers to pay all actual damages properly recoverable by
18 the claimant under this part as an individual which are
19 supported by the facts of the transaction or event described
20 in the class action notice of claim, in addition to the
21 payments described in paragraphs (4)(b) and (c).
22 (11) Payment of the actual damages or an offer to pay
23 actual damages as set forth in this section:
24 (a) Does not constitute an admission of any wrongdoing
25 by the dealer;
26 (b) Is protected by s. 90.408;
27 (c) Serves to release the dealer from any suit,
28 action, or other action that could be brought under this part
29 arising out of or in connection with the transaction, event,
30 or occurrence described in the notice of claim;
31 (d) Serves as a defense in any action brought by the
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1 same claimant to the extent of the damages, inclusive of any
2 surcharge, paid by the dealer; and
3 (e) Serves as a defense in any subsequent action
4 brought by any member of the class who did not opt out in
5 connection with the same set of operative facts as described
6 in the class action notice of claim if the action was settled
7 on a classwide basis.
8 (12) The applicable statute of limitations period for
9 an action under this part is tolled for 30 days for individual
10 claims and 45 days for class action claims, or such other
11 period of time as agreed to by the parties in writing, by the
12 mailing of the notice required by this section.
13 (13) This section does not apply to actions brought by
14 the enforcing authority. Notwithstanding the foregoing, the
15 Department of Legal Affairs shall prepare a sample demand
16 letter to incorporate the information required by subsection
17 (2) for individual notice of claims and shall make it
18 available to the public.
19 (14) If a claimant initiates civil litigation under
20 this part without first complying with the requirements of
21 this section, the court, upon a motion of a dealer, shall
22 abate the litigation, without prejudice, until the claimant
23 has complied with the provisions of this part.
24 Section 9. Subsection (8) is added to section 501.212,
25 Florida Statutes, to read:
26 501.212 Application.--This part does not apply to:
27 (8) A claim brought by a person other than the
28 enforcing authority against a dealer as defined in s.
29 501.975(2).
30 Section 10. This act shall take effect upon becoming a
31 law.
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to deceptive and unfair trade
8 practices; amending s. 501.975, F.S.; providing
9 definitions for part VI of ch. 501, F.S.;
10 creating s. 501.9755, F.S.; declaring that
11 unfair methods of competition, unconscionable
12 acts or practices, and unfair or deceptive acts
13 or practices used by motor vehicle dealers are
14 unlawful; providing legislative intent;
15 amending s. 501.976, F.S.; providing an
16 exception to the requirement that a contract be
17 fully complete before a customer signs a motor
18 vehicle dealer's contract; providing a required
19 contractual notice; deleting a provision
20 regarding award of attorney's fees; creating s.
21 501.9765, F.S.; providing definitions;
22 providing that a motor vehicle dealer who
23 willfully uses a method or practice that
24 victimizes or attempts to victimize senior
25 citizens or handicapped persons commits an
26 unfair or deceptive trade practice; providing a
27 civil penalty; providing for reimbursement or
28 restitution; creating s. 501.977, F.S.;
29 providing additional remedies against a motor
30 vehicle dealer; creating s. 501.978, F.S.;
31 providing that the remedies of part VI of ch.
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1 501, F.S., are in addition to remedies
2 otherwise available for the same conduct under
3 state or local law and do not preempt local
4 consumer-protection ordinances not in conflict
5 with part VI of ch. 501, F.S.; creating s.
6 501.979, F.S.; providing for attorney's fees
7 for a prevailing party; providing procedures
8 for receiving attorney's fees; authorizing the
9 Department of Legal Affairs or the office of
10 the state attorney to receive attorney's fees
11 under certain circumstances; creating s.
12 501.980, F.S.; requiring that, as a condition
13 precedent to initiating civil litigation
14 arising under part VI of ch. 501, F.S., a
15 claimant give the motor vehicle dealer written
16 notice of the claimant's intent to initiate
17 litigation against the motor vehicle dealer not
18 less than 30 days before initiating the
19 litigation; providing for the content of the
20 notice of claim and the method by which the
21 notice of claim is given to the motor vehicle
22 dealer; providing that if the claim is paid by
23 the motor vehicle dealer within 30 days after
24 receiving the notice of claim, together with a
25 surcharge of 10 percent of the alleged actual
26 damages, the claimant may not initiate
27 litigation against the motor vehicle dealer,
28 and the motor vehicle dealer is obligated to
29 pay only $500 for the attorney's fees of the
30 claimant; providing that the surcharge not
31 exceed $500; providing procedures for damage
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1 claims that are nonquantifiable; providing
2 expedited procedures when the claimant is
3 without access to a motor vehicle; providing
4 that a claimant is not entitled to a surcharge
5 under certain circumstances; providing that a
6 motor vehicle dealer is not obligated to pay
7 the claimant's attorney's fees under certain
8 circumstances; providing that the
9 presuit-notification procedures apply to class
10 actions; providing that any applicable statute
11 of limitations is tolled for 30 days for
12 individual claims and 90 days for class action
13 claims; providing that the act does not affect
14 the statutory responsibilities of the Attorney
15 General or the office of the state attorney;
16 requiring the Department of Legal Affairs to
17 prepare a specified sample demand letter and
18 make it available to the public; requiring a
19 court to abate litigation, without prejudice,
20 until the claimant has complied with the
21 required procedures; amending s. 501.212, F.S.;
22 exempting motor vehicle dealers from the
23 provisions of part II of ch. 501, F.S.;
24 providing an exception for the enforcing
25 authority; providing an effective date.
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