Senate Bill sb2496c1

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    Florida Senate - 2006                           CS for SB 2496

    By the Committee on Commerce and Consumer Services; and
    Senator Aronberg




    577-2357-06

  1                      A bill to be entitled

  2         An act relating to deceptive and unfair trade

  3         practices; amending s. 501.975, F.S.; providing

  4         definitions for part VI of ch. 501, F.S.;

  5         creating s. 501.9755, F.S.; declaring that

  6         unfair methods of competition, unconscionable

  7         acts or practices, and unfair or deceptive acts

  8         or practices used by motor vehicle dealers are

  9         unlawful; providing legislative intent;

10         specifying additional actions and practices of

11         a dealer actionable under the Florida Deceptive

12         and Unfair Trade Practices Act; amending s.

13         501.976, F.S.; creating s. 501.9765, F.S.;

14         providing that a motor vehicle dealer who

15         willfully uses a method or practice that

16         victimizes or attempts to victimize senior

17         citizens or handicapped persons commits an

18         unfair or deceptive trade practice; providing a

19         civil penalty; providing for reimbursement or

20         restitution; creating s. 501.977, F.S.;

21         providing additional remedies against a motor

22         vehicle dealer; creating s. 501.978, F.S.;

23         providing that the remedies of part VI of ch.

24         501, F.S., are in addition to remedies

25         otherwise available for the same conduct under

26         state or local law and do not preempt local

27         consumer-protection ordinances not in conflict

28         with part VI of ch. 501, F.S.; creating s.

29         501.979, F.S.; providing for attorney's fees

30         for a prevailing party; providing procedures

31         for receiving attorney's fees; authorizing the

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    Florida Senate - 2006                           CS for SB 2496
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 1         Department of Legal Affairs or the office of

 2         the state attorney to receive attorney's fees

 3         under certain circumstances; creating s.

 4         501.980, F.S.; requiring that, as a condition

 5         precedent to initiating civil litigation

 6         arising under part VI of ch. 501, F.S., a

 7         claimant give the motor vehicle dealer written

 8         notice of the claimant's intent to initiate

 9         litigation against the motor vehicle dealer not

10         less than 30 days before initiating the

11         litigation; providing for the content of the

12         notice of claim and the method by which the

13         notice of claim is given to the motor vehicle

14         dealer; providing that if the claim is paid by

15         the motor vehicle dealer within 30 days after

16         receiving the notice of claim, together with a

17         surcharge of 10 percent of the alleged actual

18         damages, the claimant may not initiate

19         litigation against the motor vehicle dealer,

20         and the motor vehicle dealer is obligated to

21         pay no more than $500 for the attorney's fees

22         of the claimant; providing that the surcharge

23         not exceed $500; providing procedures for

24         damage claims that are nonquantifiable;

25         providing expedited procedures when the

26         claimant is without access to a motor vehicle;

27         specifying when a payment by a dealer is deemed

28         paid; providing that a claimant is not entitled

29         to a surcharge under certain circumstances;

30         providing that a motor vehicle dealer is not

31         obligated to pay the claimant's attorney's fees

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    Florida Senate - 2006                           CS for SB 2496
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 1         under certain circumstances; providing that the

 2         act does not apply to the statutory

 3         responsibility of the Attorney General or the

 4         state attorney or to certain claims, actions,

 5         or proceedings; requiring the Department of

 6         Legal Affairs to make a sample demand letter

 7         available to the public; providing for the

 8         tolling of the applicable statute of

 9         limitations; providing that the act does not

10         affect the statutory responsibilities of the

11         Attorney General or the office of the state

12         attorney; requiring a court to abate

13         litigation, without prejudice, until the

14         claimant has complied with the required

15         procedures; amending s. 501.212, F.S.;

16         exempting motor vehicle dealers from the

17         provisions of part II of ch. 501, F.S.;

18         providing an exception for the enforcing

19         authority; providing an effective date.

20  

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

22  

23         Section 1.  Section 501.975, Florida Statutes, is

24  amended to read:

25         501.975  Definitions.--As used in this part s. 501.976,

26  the term following terms shall have the following meanings:

27         (1)  "Customer" includes a customer's designated agent.

28         (2)  "Dealer" means a motor vehicle dealer as defined

29  in s. 320.27, but does not include a motor vehicle auction as

30  defined in s. 320.27(1)(c)4.

31  

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    Florida Senate - 2006                           CS for SB 2496
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 1         (3)  "Replacement item" means a tire, bumper, bumper

 2  fascia, glass, in-dashboard equipment, seat or upholstery

 3  cover or trim, exterior illumination unit, grill, sunroof,

 4  external mirror and external body cladding. The replacement of

 5  up to three of these items does not constitute repair of

 6  damage if each item is replaced because of a product defect or

 7  damaged due to vandalism while the new motor vehicle is under

 8  the control of the dealer and the items are replaced with

 9  original manufacturer equipment, unless an item is replaced

10  due to a crash, collision, or accident.

11         (4)  "Threshold amount" means 3 percent of the

12  manufacturer's suggested retail price of a motor vehicle or

13  $650, whichever is less.

14         (5)  "Vehicle" means any automobile, truck, bus,

15  recreational vehicle, or motorcycle required to be licensed

16  under chapter 320 for operation over the roads of Florida, but

17  does not include trailers, mobile homes, travel trailers, or

18  trailer coaches without independent motive power.

19         Section 2.  Section 501.9755, Florida Statutes, is

20  created to read:

21         501.9755  Unlawful acts and practices.--

22         (1)  Unfair methods of competition, unconscionable acts

23  or practices, and unfair or deceptive acts or practices in the

24  conduct of any trade or commerce by a dealer are unlawful.

25         (2)  It is the intent of the Legislature that, in

26  construing subsection (1), due consideration and great weight

27  be given to the interpretations of the Federal Trade

28  Commission and the federal courts relating to s. 5(a)(1) of

29  the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1).

30         Section 3.  Section 501.976, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2006                           CS for SB 2496
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 1         501.976  Actionable, unfair, or deceptive acts or

 2  practices.--In addition to acts and practices actionable under

 3  s. 501.9755, it is an unfair or deceptive act or practice,

 4  actionable under the Florida Deceptive and Unfair Trade

 5  Practices Act, for a dealer to:

 6         (1)  Represent directly or indirectly that a motor

 7  vehicle is a factory executive vehicle or executive vehicle

 8  unless the such vehicle was purchased directly from the

 9  manufacturer or a subsidiary of the manufacturer and the

10  vehicle was used exclusively by the manufacturer, its

11  subsidiary, or a dealer for the commercial or personal use of

12  the manufacturer's, subsidiary's, or dealer's employees.

13         (2)  Represent directly or indirectly that a vehicle is

14  a demonstrator unless the vehicle complies with the definition

15  of a demonstrator in s. 320.60(3).

16         (3)  Represent the previous usage or status of a

17  vehicle to be something that it was not, or make usage or

18  status representations unless the dealer has correct

19  information regarding the history of the vehicle to support

20  the representations.

21         (4)  Represent the quality of care, regularity of

22  servicing, or general condition of a vehicle unless known by

23  the dealer to be true and supportable by material fact.

24         (5)  Represent orally or in writing that a particular

25  vehicle has not sustained structural or substantial skin

26  damage unless the statement is made in good faith and the

27  vehicle has been inspected by the dealer or his or her agent

28  to determine whether the vehicle has incurred such damage.

29         (6)  Sell a vehicle without fully and conspicuously

30  disclosing in writing at or before the consummation of sale

31  any warranty or guarantee terms, obligations, or conditions

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    Florida Senate - 2006                           CS for SB 2496
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 1  that the dealer or manufacturer has given to the buyer. If the

 2  warranty obligations are to be shared by the dealer and the

 3  buyer, the method of determining the percentage of repair

 4  costs to be assumed by each party must be disclosed. If the

 5  dealer intends to disclaim or limit any expressed or implied

 6  warranty, the disclaimer must be in writing in a conspicuous

 7  manner and in lay terms in accordance with chapter 672 and the

 8  Magnuson-Moss Warranty--Federal Trade Commission Improvement

 9  Act.

10         (7)  Provide an express or implied warranty and fail to

11  honor such warranty unless properly disclaimed pursuant to

12  subsection (6).

13         (8)  Misrepresent warranty coverage, application

14  period, or any warranty transfer cost or conditions to a

15  customer.

16         (9)  Obtain signatures from a customer on contracts

17  that are not fully completed at the time the customer signs or

18  which do not reflect accurately the negotiations and agreement

19  between the customer and the dealer.

20         (10)  Require or accept a deposit from a prospective

21  customer prior to entering into a binding contract for the

22  purchase and sale of a vehicle unless the customer is given a

23  written receipt that states how long the dealer will hold the

24  vehicle from other sale and the amount of the deposit, and

25  clearly and conspicuously states whether and upon what

26  conditions the deposit is refundable or nonrefundable.

27         (11)  Add to the cash price of a vehicle as defined in

28  s. 520.02(2) any fee or charge other than those provided in

29  that section and in rule 3D-50.001, Florida Administrative

30  Code. All fees or charges permitted to be added to the cash

31  price by rule 3D-50.001, Florida Administrative Code, must be

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    Florida Senate - 2006                           CS for SB 2496
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 1  fully disclosed to customers in all binding contracts

 2  concerning the vehicle's selling price.

 3         (12)  Alter or change the odometer mileage of a vehicle

 4  except in compliance with 49 U.S.C. s. 32704.

 5         (13)  Sell a vehicle without disclosing to the customer

 6  the actual year and model of the vehicle.

 7         (14)  File a lien against a new vehicle purchased with

 8  a check unless the dealer fully discloses to the purchaser

 9  that a lien will be filed if purchase is made by check and

10  fully discloses to the buyer the procedures and cost to the

11  buyer for gaining title to the vehicle after the lien is

12  filed.

13         (15)  Increase the price of the vehicle after having

14  accepted an order of purchase or a contract from a buyer,

15  notwithstanding subsequent receipt of an official price change

16  notification. The price of a vehicle may be increased after a

17  dealer accepts an order of purchase or a contract from a buyer

18  if:

19         (a)  A trade-in vehicle is reappraised because it

20  subsequently is damaged, or parts or accessories are removed;

21         (b)  The price increase is caused by the addition of

22  new equipment, as required by state or federal law;

23         (c)  The price increase is caused by the revaluation of

24  the United States dollar by the Federal Government, in the

25  case of a foreign-made vehicle;

26         (d)  The price increase is caused by state or federal

27  tax rate changes; or

28         (e)  Price protection is not provided by the

29  manufacturer, importer, or distributor.

30         (16)  Advertise the price of a vehicle unless the

31  vehicle is identified by year, make, model, and a commonly

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    Florida Senate - 2006                           CS for SB 2496
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 1  accepted trade, brand, or style name. The advertised price

 2  must include all fees or charges that the customer must pay,

 3  including freight or destination charge, dealer preparation

 4  charge, and charges for undercoating or rustproofing. State

 5  and local taxes, tags, registration fees, and title fees,

 6  unless otherwise required by local law or standard, need not

 7  be disclosed in the advertisement. When two or more dealers

 8  advertise jointly, with or without participation of the

 9  franchisor, the advertised price need not include fees and

10  charges that are variable among the individual dealers

11  cooperating in the advertisement, but the nature of all

12  charges that are not included in the advertised price must be

13  disclosed in the advertisement.

14         (17)  Charge a customer for any predelivery service

15  required by the manufacturer, distributor, or importer for

16  which the dealer is reimbursed by the manufacturer,

17  distributor, or importer.

18         (18)  Charge a customer for any predelivery service

19  without having printed on all documents that include a line

20  item for predelivery service the following disclosure: "This

21  charge represents costs and profit to the dealer for items

22  such as inspecting, cleaning, and adjusting vehicles, and

23  preparing documents related to the sale."

24         (19)  Fail to disclose damage to a new motor vehicle,

25  as defined in s. 319.001(8), of which the dealer had actual

26  knowledge, if the dealer's actual cost of repairs exceeds the

27  threshold amount, excluding replacement items.

28  

29  In any civil litigation resulting from a violation of this

30  section, when evaluating the reasonableness of an award of

31  attorney's fees to a private person, the trial court shall

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    Florida Senate - 2006                           CS for SB 2496
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 1  consider the amount of actual damages in relation to the time

 2  spent.

 3         Section 4.  Section 501.9765, Florida Statutes, is

 4  created to read:

 5         501.9765  Violations involving a senior citizen or

 6  handicapped person; civil penalties; presumption.--

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

 8         (a)  "Senior citizen" means a person who is 60 years of

 9  age or older.

10         (b)  "Handicapped person" means any person who has a

11  mental or educational impairment that substantially limits one

12  or more major life activities.

13         (c)  "Mental or educational impairment" means:

14         1.  Any mental or psychological disorder or specific

15  learning disability.

16         2.  Any educational deficiency that substantially

17  affects a person's ability to read and comprehend the terms of

18  any contractual agreement entered into.

19         (d)  "Major life activities" means functions associated

20  with the normal activities of independent daily living such as

21  caring for oneself, performing manual tasks, walking, seeing,

22  hearing, speaking, breathing, learning, and working.

23         (2)  Any person who willfully uses, or has willfully

24  used, a method, act, or practice in violation of this part,

25  which method, act, or practice victimizes or attempts to

26  victimize a senior citizen or handicapped person, and commits

27  such violation when she or he knew or should have known that

28  her or his conduct was unfair or deceptive, is liable for a

29  civil penalty of not more than $15,000 for each such

30  violation.

31  

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 1         (3)  Any order of restitution or reimbursement based on

 2  a violation of this part committed against a senior citizen or

 3  handicapped person has priority over the imposition of civil

 4  penalties for violations of this section.

 5         (4)  Civil penalties collected under this section shall

 6  be deposited into the Legal Affairs Revolving Trust Fund of

 7  the Department of Legal Affairs and allocated to the

 8  Department of Legal Affairs solely for the purpose of

 9  preparing and distributing consumer-education materials,

10  programs, and seminars to benefit senior citizens and

11  handicapped persons or to enhance efforts to enforce this

12  section.

13         Section 5.  Section 501.977, Florida Statutes, is

14  created to read:

15         501.977  Other individual remedies.--

16         (1)  Without regard to any other remedy or relief to

17  which a person is entitled, anyone aggrieved by a violation of

18  this part by a dealer may bring an action against the dealer

19  in order to obtain a declaratory judgment that an act or

20  practice violates this part and to enjoin a dealer who has

21  violated, is violating, or is otherwise likely to violate,

22  this part.

23         (2)  In any action brought by a person who has suffered

24  a loss as a result of a violation of this part, the person may

25  recover actual damages, plus attorney's fees and court costs

26  as provided in s. 501.979. However, damages, fees, or costs

27  are not recoverable under this section against a dealer who

28  has, in good faith, engaged in the dissemination of claims of

29  a manufacturer or wholesaler without actual knowledge that

30  doing so violates this part.

31  

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 1         (3)  In any action brought under this section, if,

 2  after the filing of a motion by the dealer, the court finds

 3  that the action is frivolous, without legal or factual merit,

 4  or brought for the purpose of harassment, the court may, after

 5  hearing evidence as to the necessity therefor, require the

 6  party instituting the action to post a bond in the amount that

 7  the court finds reasonable to indemnify the defendant for any

 8  costs incurred, or to be incurred, including reasonable

 9  attorney's fees in defending the claim. This subsection does

10  not apply to any action initiated by the enforcing authority.

11         Section 6.  Section 501.978, Florida Statutes, is

12  created to read:

13         501.978  Effect on other remedies.--

14         (1)  The remedies of this part are in addition to

15  remedies otherwise available for the same conduct under state

16  or local law.

17         (2)  This part is supplemental to, and does not

18  preempt, local consumer-protection ordinances not inconsistent

19  with this part.

20         Section 7.  Section 501.979, Florida Statutes, is

21  created to read:

22         501.979  Attorney's fees.--

23         (1)  In any civil litigation resulting from an act or

24  practice involving a violation of this part, except as

25  provided in subsection (5), the prevailing party, after

26  judgment in the trial court and exhaustion of all appeals, if

27  any, may receive his or her reasonable attorney's fees and

28  costs from the nonprevailing party. When evaluating the

29  reasonableness of an award of attorney's fees to a private

30  person, the trial court shall consider the actual damages in

31  relation to the time spent.

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    Florida Senate - 2006                           CS for SB 2496
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 1         (2)  The attorney for the prevailing party shall submit

 2  a sworn affidavit of his or her time spent on the case and his

 3  or her costs incurred for all the motions, hearings, and

 4  appeals to the trial judge who presided over the civil case.

 5         (3)  The trial judge may award the prevailing party the

 6  sum of reasonable costs incurred in the action, plus

 7  reasonable attorney's fees for the hours actually spent on the

 8  case as sworn to in an affidavit.

 9         (4)  Any award of attorney's fees or costs becomes a

10  part of the judgment and is subject to execution as the law

11  allows.

12         (5)  In any civil litigation initiated by the enforcing

13  authority, the court may award to the prevailing party

14  reasonable attorney's fees and costs if the court finds that

15  there was a complete absence of a justiciable issue of law or

16  fact raised by the losing party or if the court finds bad

17  faith on the part of the losing party.

18         (6)  In any administrative proceeding or other

19  nonjudicial action initiated by an enforcing authority, the

20  attorney for the enforcing authority may certify by sworn

21  affidavit the number of hours and the cost thereof to the

22  enforcing authority for the time spent in the investigation

23  and litigation of the case, plus costs reasonably incurred in

24  the action. Payment to the enforcing authority of the sum of

25  the costs may be made, by stipulation of the parties a part,

26  of the final order or decree disposing of the matter. The

27  affidavit shall be attached to and become a part of the order

28  or decree.

29         Section 8.  Section 501.980, Florida Statutes, is

30  created to read:

31         501.980  Demand letter.--

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    Florida Senate - 2006                           CS for SB 2496
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 1         (1)  In cases to which this section applies, as a

 2  condition precedent to initiating civil litigation arising

 3  under this part, a claimant must give the dealer written

 4  notice of the claimant's intent to initiate litigation against

 5  the dealer not less than 30 days before initiating the

 6  litigation.

 7         (2)  The notice, which must be completed in good faith,

 8  must:

 9         (a)  Indicate that it is a demand letter;

10         (b)  State the name, address, and telephone number of

11  the claimant;

12         (c)  State the name and address of the dealer;

13         (d)  Provide the approximate date and a description of

14  the transaction, event, or circumstance that is the basis of

15  the claim;

16         (e)  Describe the underlying facts; and

17         (f)  Include a statement describing and providing the

18  amount of each item of actual damages demanded by the claimant

19  and recoverable under this part. However, to the extent the

20  claimant cannot in good faith quantify any item of actual

21  damage as required, the claimant shall provide a description

22  of the item of damage or a formula or basis by which the

23  dealer may calculate the damage.

24         (3)(a)  The notice of the claim must be delivered to

25  the dealer by certified or registered United States mail,

26  return receipt requested, or by a private delivery business

27  providing the sender with comparable written documentation of

28  receipt. Such delivery costs shall be reimbursed to the

29  claimant by the dealer if the dealer pays the claim and if the

30  claimant requests reimbursement of the delivery costs in the

31  notice of claim.

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 1         (b)  If the dealer is a corporate entity, the notice of

 2  claim must be sent to the motor vehicle dealer, as defined in

 3  s. 320.27, or the registered agent of the dealer as recorded

 4  with the Department of State.

 5         (4)  A claimant may not initiate litigation against a

 6  dealer for a claim arising under this part related to the

 7  transaction or event described in the notice of claim if the

 8  dealer pays the claimant within 30 days after receiving the

 9  notice of claim:

10         (a)  The amount requested in the demand letter as

11  specified in paragraph (2)(f);

12         (b)  A surcharge of 10 percent of the amount requested

13  in the demand letter, not to exceed $500; and

14         (c)  The attorney's fees of the claimant, not to exceed

15  $500.

16         (5)(a)  Subsection (4) does not apply if the notice of

17  claim specifies nonquantified items of damage. However, the

18  dealer may notify the claimant in writing within 30 days after

19  receiving the notice of claim that the dealer proposes to pay

20  the claim with modifications. The dealer must inform the

21  claimant that he or she has placed a value on the

22  nonquantified items of damage and intends to pay that amount

23  in addition to the payments described in subsection (4).

24         (b)  The claimant must accept or reject, in writing,

25  the offer of the dealer within 10 business days.

26         (c)  Upon receipt of the notice of acceptance, the

27  dealer must pay the claimant the amount set forth in the

28  proposal within 10 business days.

29         (d)  A claimant may not initiate litigation against the

30  dealer for a claim under this part which is related to the

31  transaction or event described in the notice of claim unless:

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 1         1.  The dealer ignores, rejects, or fails to timely

 2  respond to the claimant's demand, or fails to pay within 10

 3  business days the amount accepted by claimant; or

 4         2.  The claimant rejects the proposal of the dealer.

 5         (6)  If the notice of claim includes damages that arise

 6  from the claimant not having access to a motor vehicle due to

 7  the conduct of the dealer, the time set forth in subsections

 8  (4) and (5) for the dealer to respond are reduced from 30 days

 9  to 10 business days.

10         (7)  For the purpose of this section, payment by a

11  dealer is deemed paid on the date a draft or other valid

12  instrument that is equivalent to payment is placed in the

13  United States mail in a properly addressed, postpaid envelope,

14  or, if not so posted, on the date of delivery.

15         (8)  The claimant is not entitled to a surcharge in any

16  proceeding initiated against a dealer under this part if the

17  claimant rejects or ignores the dealer's proposal described in

18  subsection (5).

19         (9)  A dealer is not required to pay the attorney's

20  fees of the claimant in any civil action brought under this

21  part if:

22         (a)  The dealer, within 30 days after receiving the

23  claimant's notice of claim, notifies the claimant in writing,

24  and a court or arbitrator agrees, that the amount claimed is

25  not supported by the facts of the transaction or event

26  described in the notice of claim or by generally accepted

27  accounting principles, or includes items not properly

28  recoverable under this part, but, nevertheless, offers to pay

29  to the claimant the actual damages that are supported by the

30  facts of the transaction or event described in the notice of

31  claim and properly recoverable under this part, and the

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 1  surcharge and attorney's fees, if any, described in subsection

 2  (4);

 3         (b)  The claimant's basis for rejecting or ignoring the

 4  dealer's proposal described in subsection (5) is not supported

 5  by the facts described in the notice of claim, generally

 6  accepted accounting principles, or the law; or

 7         (c)  The claimant fails to substantially comply with

 8  this section.

 9         (10)  This section does not apply to an enforcing

10  authority or to any claim, action, or proceeding brought

11  pursuant to Rule 1.220, Florida Rules of Civil Procedure. The

12  Department of Legal Affairs shall prepare a sample demand

13  letter to incorporate the information required by subsection

14  (2) for individual notice of claims and make it available to

15  the public.

16         (11)  The mailing of the notice required by this

17  section tolls the applicable statute of limitations for an

18  action under this part for 30 days or such other period as

19  agreed to by the parties in writing.

20         (12)  If a claimant initiates civil litigation under

21  this part without first complying with the requirements of

22  this section, the court, upon a motion of a dealer, shall

23  abate the litigation, without prejudice, until the claimant

24  has complied with the provisions of this part.

25         Section 9.  Subsection (8) is added to section 501.212,

26  Florida Statutes, to read:

27         501.212  Application.--This part does not apply to:

28         (8)  A claim brought by a person other than the

29  enforcing authority against a dealer as defined in s.

30  501.975(2).

31  

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 1  However, this subsection does not affect any action or remedy

 2  concerning residential tenancies covered under part II of

 3  chapter 83, nor does it prohibit the enforcing authority from

 4  maintaining exclusive jurisdiction to bring any cause of

 5  action authorized under this part.

 6         Section 10.  This act shall take effect upon becoming a

 7  law.

 8  

 9  

10  

11  

12  

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14  

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






    Florida Senate - 2006                           CS for SB 2496
    577-2357-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2496

 3                                 

 4  This committee substitute differs from the bill as filed in
    that it:
 5  
    -    Deletes an exception that it is not an unfair or
 6       deceptive act for a vehicle dealer to obtain signatures
         from a customer on contracts not fully completed at the
 7       time the customer signs or which do not reflect
         accurately the negotiations and agreement between the
 8       customer and the dealer if the customer receives a notice
         and agrees in writing.
 9  
    -    Removes the requirement for an individual to specifically
10       describe the underlying facts in a demand letter to a
         motor vehicle dealer and instead provides only that an
11       individual must describe the underlying facts.

12  -    Removes the requirement for an individual to provide a
         comprehensive description of the item damaged and instead
13       provides only that an individual must provide a
         description of the item damages.
14  
    -    Removes the requirement to include a description of
15       reasonable attorney's fees to be included in the pre-suit
         notification to the dealer.
16  
    -    Provides an additional method to deliver the demand
17       letter to the dealer.

18  -    Removes the requirement that if the dealer is a corporate
         entity that the notice of claim must be sent to the
19       dealer's registered agent and instead provides that it
         must be sent to the dealer or to the registered agen.
20  
    -    Deletes the requirements that class actions must comply
21       the pre-suit notification procedures.

22  -    Deletes the provision that states that the payment of
         actual damages by the dealer does not constitute an
23       admission by the dealer, is protected as a compromise or
         offer to compromise under the Florida evidence code, does
24       not release the dealer against a suit, and does not serve
         as a defense against any actions brought against the
25       dealer involving the action.

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