Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 660
                        Barcode 575340
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3         Floor: 4/AD/2R          .                    
       04/27/2006 06:09 PM         .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Lynn moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 13, between lines 17 and 18,
15  
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
                                  1
    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 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. 2 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 (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. 31 3 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, 4 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; 22 23 24 25 26 27 28 29 30 31 4 4:47 PM 04/25/06 s0660c2c-07-t01