Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 660
Barcode 575340
CHAMBER ACTION
Senate House
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04/27/2006 06:09 PM .
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11 Senator Lynn moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 13, between lines 17 and 18,
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16 insert:
17 Section 5. Section 501.142, Florida Statutes, is
18 amended to read:
19 501.142 Retail sales establishments; preemption;
20 notice of refund policy; exceptions; penalty.--
21 (1) The regulation of refunds is preempted to the
22 Department of Agriculture and Consumer Services
23 notwithstanding any other law or local ordinance to the
24 contrary. Every retail sales establishment offering goods for
25 sale to the general public that offers no cash refund, credit
26 refund, or exchange of merchandise must post a sign so stating
27 at the point of sale. Failure of a retail sales establishment
28 to exhibit a "no refund" sign under such circumstances at the
29 point of sale shall mean that a refund or exchange policy
30 exists, and the policy shall be presented in writing to the
31 consumer upon request. Any retail establishment failing to
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 660
Barcode 575340
1 comply with the provisions of this section shall grant to the
2 consumer, upon request and proof of purchase, a refund on the
3 merchandise, within 7 days of the date of purchase, provided
4 the merchandise is unused and in the original carton, if one
5 was furnished. Nothing herein shall prohibit a retail sales
6 establishment from having a refund policy which exceeds the
7 number of days specified herein. The department may adopt
8 rules pursuant to ss. 120.536(1) and 120.54 to enforce the
9 provisions of this section. However, this subsection does not
10 prohibit a local government from enforcing the provisions
11 established by this section or department rule.
12 (2) The provisions of this section shall not apply to
13 the sale of food, perishable goods, goods which are custom
14 made, goods which are custom altered at the request of the
15 customer, or goods which cannot be resold by the merchant
16 because of any law, rule, or regulation adopted by a
17 governmental body.
18 (3) The department may enter an order doing one or
19 more of the following if the department finds that a person
20 has violated or is operating in violation of any of the
21 provisions of this section or the rules or orders issued under
22 this section:
23 (a) Issue a notice of noncompliance pursuant to s.
24 120.695.
25 (b) Impose an administrative fine not to exceed $100
26 for each violation.
27 (c) Direct the person to cease and desist specified
28 activities.
29 (4) The administrative proceedings that could result
30 in the entry of an order imposing any of the penalties
31 specified in subsection (3) are governed by chapter 120.
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 660
Barcode 575340
1 (5) Any moneys recovered by the Department of
2 Agriculture and Consumer Services as a penalty under this
3 section shall be deposited in the General Inspection Trust
4 Fund.
5 (6) Upon the first violation of this section, a local
6 government may issue a written warning. Upon a second and any
7 subsequent violation, a local government may impose a fine of
8 up to $50 per violation. Any moneys recovered by the local
9 government as a penalty under this section shall be deposited
10 in the appropriate local account.
11 Section 6. Section 506.5131, Florida Statutes, is
12 amended to read:
13 506.5131 Return of shopping carts; assessment of fees,
14 fines, and costs.--
15 (1) The rightful owner of any shopping cart with a
16 registered name or mark found on public property shall be
17 immediately notified of its recovery.
18 (2) Notwithstanding any other provision of law or
19 local ordinance, no fee, fine, or costs may be assessed
20 against the owner of a shopping cart unless the shopping cart
21 was found on public property and, unless the shopping cart was
22 removed from the premises or parking area of a retail
23 establishment by the owner of the shopping cart, or an
24 employee acting on the owner's behalf, and the such fee, fine,
25 or cost has been approved by the Department of Agriculture and
26 Consumer Services. This subsection shall not apply to any
27 ordinance adopted after January 31, 2002, and prior to June
28 30, 2002, that requires a business establishment to install a
29 retention system to retain shopping carts within the real
30 property boundaries of a business location.
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4:47 PM 04/25/06 s0660c2c-07-t01
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 660
Barcode 575340
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 26, after the first semicolon,
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5 insert:
6 amending s. 501.142, F.S.; providing that the
7 regulation of refunds in retail sales
8 establishments is preempted to the department;
9 authorizing the department to adopt rules;
10 authorizing the department to enter orders for
11 certain violations; requiring that any moneys
12 recovered by the department as a penalty be
13 deposited in the General Inspection Trust Fund;
14 authorizing a local government to impose
15 penalties; requiring that any moneys recovered
16 by a local government as a penalty be deposited
17 in the appropriate local account; amending s.
18 506.5131, F.S.; revising provisions relating to
19 assessment of fees, fines, and costs against
20 the owner of a shopping cart; providing an
21 exemption;
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