| 1 | A bill to be entitled |
| 2 | An act relating to deceptive and unfair trade practices; |
| 3 | amending s. 501.975, F.S.; providing definitions for part |
| 4 | VI of ch. 501, F.S.; creating s. 501.9755, F.S.; declaring |
| 5 | that unfair methods of competition, unconscionable acts or |
| 6 | practices, and unfair or deceptive acts or practices used |
| 7 | by motor vehicle dealers are unlawful; providing |
| 8 | legislative intent; amending s. 501.976, F.S.; revising |
| 9 | language concerning actionable, unfair, or deceptive acts |
| 10 | or practices by dealers; correcting a cross-reference; |
| 11 | creating s. 501.9765, F.S.; providing definitions; |
| 12 | providing that a motor vehicle dealer who willfully uses a |
| 13 | method or practice that victimizes or attempts to |
| 14 | victimize senior citizens or handicapped persons commits |
| 15 | an unfair or deceptive trade practice; providing a civil |
| 16 | penalty; providing for reimbursement or restitution; |
| 17 | providing for disposition of penalties; creating s. |
| 18 | 501.977, F.S.; providing additional remedies against a |
| 19 | motor vehicle dealer; creating s. 501.978, F.S.; providing |
| 20 | that the remedies of part VI of ch. 501, F.S., are in |
| 21 | addition to remedies otherwise available for the same |
| 22 | conduct under state or local law and do not preempt local |
| 23 | consumer protection ordinances not in conflict with that |
| 24 | part; creating s. 501.979, F.S.; providing for attorney's |
| 25 | fees for a prevailing party; providing procedures for |
| 26 | receiving attorney's fees; authorizing the Department of |
| 27 | Legal Affairs or the office of the state attorney to |
| 28 | receive attorney's fees and costs under certain |
| 29 | circumstances; creating s. 501.98, F.S.; requiring that, |
| 30 | as a condition precedent to initiating civil litigation |
| 31 | arising under part VI of ch. 501, F.S., a claimant give |
| 32 | the motor vehicle dealer written notice of the claimant's |
| 33 | intent to initiate litigation within a specified period |
| 34 | before initiating the litigation; providing for the |
| 35 | content of the notice and the method of delivery of the |
| 36 | notice; providing that if the claim is paid by the dealer |
| 37 | within a specified period after receiving the notice, with |
| 38 | a specified surcharge, the claimant may not initiate |
| 39 | litigation against the dealer, and the dealer is obligated |
| 40 | to pay only a set amount for the claimant's attorney's |
| 41 | fees; providing a cap on the surcharge; providing that a |
| 42 | claimant is not entitled to a surcharge under certain |
| 43 | circumstances; providing that a dealer is not obligated to |
| 44 | pay the claimant's attorney's fees under certain |
| 45 | circumstances; providing for the effect of payment of |
| 46 | actual damages or an offer to pay actual damages for |
| 47 | specified purposes; providing that the statute of |
| 48 | limitations is tolled for a certain period upon the |
| 49 | mailing of a specified notice; requiring the Department of |
| 50 | Legal Affairs to prepare a specified sample demand letter |
| 51 | and a described explanation and make the documents |
| 52 | available to the public; requiring the dealer to provide |
| 53 | the documents at the time of transaction; permitting a |
| 54 | court to abate litigation, without prejudice, until the |
| 55 | claimant has complied with the required procedures and the |
| 56 | dealer has opportunity to respond to demand; providing |
| 57 | that failure to supply the documents at the time of |
| 58 | transaction constitutes waiver by the dealer of the |
| 59 | required notice; creating s. 501.99, F.S.; providing |
| 60 | application of certain provisions; amending s. 501.212, |
| 61 | F.S.; exempting certain claims against motor vehicle |
| 62 | dealers from the provisions of part II of ch. 501, F.S.; |
| 63 | providing an effective date. |
| 64 |
|
| 65 | Be It Enacted by the Legislature of the State of Florida: |
| 66 |
|
| 67 | Section 1. Section 501.975, Florida Statutes, is amended |
| 68 | to read: |
| 69 | 501.975 Definitions.--As used in this part s. 501.976, the |
| 70 | term following terms shall have the following meanings: |
| 71 | (1) "Customer" includes a customer's designated agent. |
| 72 | (2) "Dealer" means a motor vehicle dealer as defined in s. |
| 73 | 320.27, but does not include a motor vehicle auction as defined |
| 74 | in s. 320.27(1)(c)4. |
| 75 | (3) "Replacement item" means a tire, bumper, bumper |
| 76 | fascia, glass, in-dashboard equipment, seat or upholstery cover |
| 77 | or trim, exterior illumination unit, grill, sunroof, external |
| 78 | mirror and external body cladding. The replacement of up to |
| 79 | three of these items does not constitute repair of damage if |
| 80 | each item is replaced because of a product defect or damaged due |
| 81 | to vandalism while the new motor vehicle is under the control of |
| 82 | the dealer and the items are replaced with original manufacturer |
| 83 | equipment, unless an item is replaced due to a crash, collision, |
| 84 | or accident. |
| 85 | (4) "Threshold amount" means 3 percent of the |
| 86 | manufacturer's suggested retail price of a motor vehicle or |
| 87 | $650, whichever is less. |
| 88 | (5) "Vehicle" means any automobile, truck, bus, |
| 89 | recreational vehicle, or motorcycle required to be licensed |
| 90 | under chapter 320 for operation over the roads of Florida, but |
| 91 | does not include trailers, mobile homes, travel trailers, or |
| 92 | trailer coaches without independent motive power. |
| 93 | Section 2. Section 501.9755, Florida Statutes, is created |
| 94 | to read: |
| 95 | 501.9755 Unlawful acts and practices.-- |
| 96 | (1) Unfair methods of competition, unconscionable acts or |
| 97 | practices, and unfair or deceptive acts or practices in the |
| 98 | conduct of any trade or commerce by a dealer are unlawful. |
| 99 | (2) It is the intent of the Legislature that, in |
| 100 | construing subsection (1), due consideration and great weight be |
| 101 | given to the interpretations of the Federal Trade Commission and |
| 102 | the federal courts relating to s. 5(a)(1) of the Federal Trade |
| 103 | Commission Act, as amended, 15 U.S.C. s. 45(a)(1). |
| 104 | Section 3. Section 501.976, Florida Statutes, is amended |
| 105 | to read: |
| 106 | 501.976 Actionable, unfair, or deceptive acts or |
| 107 | practices.--In addition to acts and practices actionable under |
| 108 | s. 501.9755, it is an unfair or deceptive act or practice, |
| 109 | actionable under the Florida Deceptive and Unfair Trade |
| 110 | Practices Act, for a dealer to: |
| 111 | (1) Represent directly or indirectly that a motor vehicle |
| 112 | is a factory executive vehicle or executive vehicle unless the |
| 113 | such vehicle was purchased directly from the manufacturer or a |
| 114 | subsidiary of the manufacturer and the vehicle was used |
| 115 | exclusively by the manufacturer, its subsidiary, or a dealer for |
| 116 | the commercial or personal use of the manufacturer's, |
| 117 | subsidiary's, or dealer's employees. |
| 118 | (2) Represent directly or indirectly that a vehicle is a |
| 119 | demonstrator unless the vehicle complies with the definition of |
| 120 | a demonstrator in s. 320.60(3). |
| 121 | (3) Represent the previous usage or status of a vehicle to |
| 122 | be something that it was not, or make usage or status |
| 123 | representations unless the dealer has correct information |
| 124 | regarding the history of the vehicle to support the |
| 125 | representations. |
| 126 | (4) Represent the quality of care, regularity of |
| 127 | servicing, or general condition of a vehicle unless known by the |
| 128 | dealer to be true and supportable by material fact. |
| 129 | (5) Represent orally or in writing that a particular |
| 130 | vehicle has not sustained structural or substantial skin damage |
| 131 | unless the statement is made in good faith and the vehicle has |
| 132 | been inspected by the dealer or his or her agent to determine |
| 133 | whether the vehicle has incurred such damage. |
| 134 | (6) Sell a vehicle without fully and conspicuously |
| 135 | disclosing in writing at or before the consummation of sale any |
| 136 | warranty or guarantee terms, obligations, or conditions that the |
| 137 | dealer or manufacturer has given to the buyer. If the warranty |
| 138 | obligations are to be shared by the dealer and the buyer, the |
| 139 | method of determining the percentage of repair costs to be |
| 140 | assumed by each party must be disclosed. If the dealer intends |
| 141 | to disclaim or limit any expressed or implied warranty, the |
| 142 | disclaimer must be in writing in a conspicuous manner and in lay |
| 143 | terms in accordance with chapter 672 and the Magnuson-Moss |
| 144 | Warranty--Federal Trade Commission Improvement Act. |
| 145 | (7) Provide an express or implied warranty and fail to |
| 146 | honor such warranty unless properly disclaimed pursuant to |
| 147 | subsection (6). |
| 148 | (8) Misrepresent warranty coverage, application period, or |
| 149 | any warranty transfer cost or conditions to a customer. |
| 150 | (9) Obtain signatures from a customer on contracts that |
| 151 | are not fully completed at the time the customer signs or which |
| 152 | do not reflect accurately the negotiations and agreement between |
| 153 | the customer and the dealer. |
| 154 | (10) Require or accept a deposit from a prospective |
| 155 | customer prior to entering into a binding contract for the |
| 156 | purchase and sale of a vehicle unless the customer is given a |
| 157 | written receipt that states how long the dealer will hold the |
| 158 | vehicle from other sale and the amount of the deposit, and |
| 159 | clearly and conspicuously states whether and upon what |
| 160 | conditions the deposit is refundable or nonrefundable. |
| 161 | (11) Add to the cash price of a vehicle as defined in s. |
| 162 | 520.02(2) any fee or charge other than those provided in that |
| 163 | section and in rule 69V-50.001 3D-50.001, Florida Administrative |
| 164 | Code. All fees or charges permitted to be added to the cash |
| 165 | price by rule 69V-50.001 3D-50.001, Florida Administrative Code, |
| 166 | must be fully disclosed to customers in all binding contracts |
| 167 | concerning the vehicle's selling price. |
| 168 | (12) Alter or change the odometer mileage of a vehicle. |
| 169 | (13) Sell a vehicle without disclosing to the customer the |
| 170 | actual year and model of the vehicle. |
| 171 | (14) File a lien against a new vehicle purchased with a |
| 172 | check unless the dealer fully discloses to the purchaser that a |
| 173 | lien will be filed if purchase is made by check and fully |
| 174 | discloses to the buyer the procedures and cost to the buyer for |
| 175 | gaining title to the vehicle after the lien is filed. |
| 176 | (15) Increase the price of the vehicle after having |
| 177 | accepted an order of purchase or a contract from a buyer, |
| 178 | notwithstanding subsequent receipt of an official price change |
| 179 | notification. The price of a vehicle may be increased after a |
| 180 | dealer accepts an order of purchase or a contract from a buyer |
| 181 | if: |
| 182 | (a) A trade-in vehicle is reappraised because it |
| 183 | subsequently is damaged, or parts or accessories are removed; |
| 184 | (b) The price increase is caused by the addition of new |
| 185 | equipment, as required by state or federal law; |
| 186 | (c) The price increase is caused by the revaluation of the |
| 187 | United States dollar by the Federal Government, in the case of a |
| 188 | foreign-made vehicle; |
| 189 | (d) The price increase is caused by state or federal tax |
| 190 | rate changes; or |
| 191 | (e) Price protection is not provided by the manufacturer, |
| 192 | importer, or distributor. |
| 193 | (16) Advertise the price of a vehicle unless the vehicle |
| 194 | is identified by year, make, model, and a commonly accepted |
| 195 | trade, brand, or style name. The advertised price must include |
| 196 | all fees or charges that the customer must pay, including |
| 197 | freight or destination charge, dealer preparation charge, and |
| 198 | charges for undercoating or rustproofing. State and local taxes, |
| 199 | tags, registration fees, and title fees, unless otherwise |
| 200 | required by local law or standard, need not be disclosed in the |
| 201 | advertisement. When two or more dealers advertise jointly, with |
| 202 | or without participation of the franchisor, the advertised price |
| 203 | need not include fees and charges that are variable among the |
| 204 | individual dealers cooperating in the advertisement, but the |
| 205 | nature of all charges that are not included in the advertised |
| 206 | price must be disclosed in the advertisement. |
| 207 | (17) Charge a customer for any predelivery service |
| 208 | required by the manufacturer, distributor, or importer for which |
| 209 | the dealer is reimbursed by the manufacturer, distributor, or |
| 210 | importer. |
| 211 | (18) Charge a customer for any predelivery service without |
| 212 | having printed on all documents that include a line item for |
| 213 | predelivery service the following disclosure: "This charge |
| 214 | represents costs and profit to the dealer for items such as |
| 215 | inspecting, cleaning, and adjusting vehicles, and preparing |
| 216 | documents related to the sale." |
| 217 | (19) Fail to disclose damage to a new motor vehicle, as |
| 218 | defined in s. 319.001(8), of which the dealer had actual |
| 219 | knowledge, if the dealer's actual cost of repairs exceeds the |
| 220 | threshold amount, excluding replacement items. |
| 221 |
|
| 222 | In any civil litigation resulting from a violation of this |
| 223 | section, when evaluating the reasonableness of an award of |
| 224 | attorney's fees to a private person, the trial court shall |
| 225 | consider the amount of actual damages in relation to the time |
| 226 | spent. |
| 227 | Section 4. Section 501.9765, Florida Statutes, is created |
| 228 | to read: |
| 229 | 501.9765 Violations involving a senior citizen or |
| 230 | handicapped person; civil penalties; presumption.-- |
| 231 | (1) As used in this section, the term: |
| 232 | (a) "Handicapped person" means any person who has a mental |
| 233 | or educational impairment that substantially limits one or more |
| 234 | major life activities. |
| 235 | (b) "Major life activities" means functions associated |
| 236 | with the normal activities of independent daily living, such as |
| 237 | caring for oneself, performing manual tasks, walking, seeing, |
| 238 | hearing, speaking, breathing, learning, and working. |
| 239 | (c) "Mental or educational impairment" means: |
| 240 | 1. Any mental or psychological disorder or specific |
| 241 | learning disability. |
| 242 | 2. Any educational deficiency that substantially affects a |
| 243 | person's ability to read and comprehend the terms of any |
| 244 | contractual agreement entered into. |
| 245 | (d) "Senior citizen" means a person who is 60 years of age |
| 246 | or older. |
| 247 | (2) Any person who willfully uses, or has willfully used, |
| 248 | a method, act, or practice in violation of this part, which |
| 249 | method, act, or practice victimizes or attempts to victimize a |
| 250 | senior citizen or handicapped person, and commits such violation |
| 251 | when he or she knew or should have known that his or her conduct |
| 252 | was unfair or deceptive is liable for a civil penalty of not |
| 253 | more than $15,000 for each such violation. |
| 254 | (3) Any order of restitution or reimbursement based on a |
| 255 | violation of this part committed against a senior citizen or |
| 256 | handicapped person has priority over the imposition of civil |
| 257 | penalties for violations of this section. |
| 258 | (4) Civil penalties collected under this section shall be |
| 259 | deposited into the Legal Affairs Revolving Trust Fund of the |
| 260 | Department of Legal Affairs and allocated to the Department of |
| 261 | Legal Affairs solely for the purpose of preparing and |
| 262 | distributing consumer education materials, programs, and |
| 263 | seminars to benefit senior citizens and handicapped persons or |
| 264 | to enhance efforts to enforce this section. |
| 265 | Section 5. Section 501.977, Florida Statutes, is created |
| 266 | to read: |
| 267 | 501.977 Other individual remedies.-- |
| 268 | (1) Without regard to any other remedy or relief to which |
| 269 | a person is entitled, anyone aggrieved by a violation of this |
| 270 | part by a dealer may bring an action against the dealer in order |
| 271 | to obtain a declaratory judgment that an act or practice |
| 272 | violates this part and to enjoin a dealer who has violated, is |
| 273 | violating, or is otherwise likely to violate this part. |
| 274 | (2) In any action brought by a person who has suffered a |
| 275 | loss as a result of a violation of this part, the person may |
| 276 | recover actual damages plus attorney's fees and court costs as |
| 277 | provided in s. 501.979. However, damages, fees, or costs are not |
| 278 | recoverable under this section against a dealer who has, in good |
| 279 | faith, engaged in the dissemination of claims of a manufacturer, |
| 280 | distributor, importer, or wholesaler without actual knowledge |
| 281 | that doing so violates this part. |
| 282 | (3) In any action brought under this section, if, after |
| 283 | the filing of a motion by the dealer, the court finds that the |
| 284 | action is frivolous, without legal or factual merit, or brought |
| 285 | for the purpose of harassment, the court may, after hearing |
| 286 | evidence as to the necessity for a bond, require the party |
| 287 | instituting the action to post a bond in the amount that the |
| 288 | court finds reasonable to indemnify the defendant for any costs |
| 289 | incurred, or to be incurred, including reasonable attorney's |
| 290 | fees, in defending the claim. This subsection does not apply to |
| 291 | any action initiated by the enforcing authority. |
| 292 | Section 6. Section 501.978, Florida Statutes, is created |
| 293 | to read: |
| 294 | 501.978 Effect on other remedies.-- |
| 295 | (1) The remedies of this part are in addition to remedies |
| 296 | otherwise available for the same conduct under state or local |
| 297 | law. |
| 298 | (2) This part is supplemental to, and does not preempt, |
| 299 | local consumer protection ordinances not inconsistent with this |
| 300 | part. |
| 301 | Section 7. Section 501.979, Florida Statutes, is created |
| 302 | to read: |
| 303 | 501.979 Attorney's fees.-- |
| 304 | (1) In any civil litigation resulting from an act or |
| 305 | practice involving a violation of this part, except as provided |
| 306 | in subsection (5) and s. 501.98, the prevailing party, after |
| 307 | judgment in the trial court and exhaustion of all appeals, if |
| 308 | any, shall receive his or her reasonable attorney's fees and |
| 309 | costs from the nonprevailing party. When evaluating the |
| 310 | reasonableness of an award of attorney's fees to a private |
| 311 | person, the trial court shall consider the actual damages in |
| 312 | relation to the time spent. |
| 313 | (2) The attorney for the prevailing party shall submit a |
| 314 | sworn affidavit of his or her time spent on the case and his or |
| 315 | her costs incurred for all the motions, hearings, and appeals to |
| 316 | the trial judge who presided over the civil case. |
| 317 | (3) The trial judge may award the prevailing party the sum |
| 318 | of reasonable costs incurred in the action and reasonable |
| 319 | attorney's fees for the hours actually spent on the case as |
| 320 | sworn to in an affidavit. |
| 321 | (4) Any award of attorney's fees or costs becomes a part |
| 322 | of the judgment and is subject to execution as the law allows. |
| 323 | (5) In any civil litigation initiated by the enforcing |
| 324 | authority, the court may award to the prevailing party |
| 325 | reasonable attorney's fees and costs if the court finds that |
| 326 | there was a complete absence of a justiciable issue of law or |
| 327 | fact raised by the nonprevailing party or if the court finds bad |
| 328 | faith on the part of the nonprevailing party. |
| 329 | (6) In any administrative proceeding or other nonjudicial |
| 330 | action initiated by an enforcing authority, the attorney for the |
| 331 | enforcing authority may certify by sworn affidavit the number of |
| 332 | hours and the cost thereof to the enforcing authority for the |
| 333 | time spent in the investigation and litigation of the case, plus |
| 334 | costs reasonably incurred in the action. Payment to the |
| 335 | enforcing authority of the sum of the costs may, by stipulation |
| 336 | of the parties, be made a part of the final order or decree |
| 337 | disposing of the matter. The affidavit shall be attached to and |
| 338 | become a part of the order or decree. |
| 339 | Section 8. Section 501.98, Florida Statutes, is created to |
| 340 | read: |
| 341 | 501.98 Demand letter.-- |
| 342 | (1) As a condition precedent to initiating any civil |
| 343 | litigation arising under this part, a claimant must give the |
| 344 | dealer written notice of the claimant's intent to initiate |
| 345 | litigation against the dealer not less than 15 business days |
| 346 | before initiating the litigation. |
| 347 | (2) The notice, which must be completed in good faith, |
| 348 | must: |
| 349 | (a) State that it is a demand letter under "s. 501.98, |
| 350 | Florida Statutes"; |
| 351 | (b) State the name, address, and telephone number of the |
| 352 | claimant; |
| 353 | (c) State the name and address of the dealer; |
| 354 | (d) Provide the date and a description of the transaction, |
| 355 | event, or circumstance that is the basis of the claim; |
| 356 | (e) Describe the facts and how they give rise to an |
| 357 | alleged violation of this part; |
| 358 | (f) To the extent applicable, be accompanied by all |
| 359 | transaction or other documents in the claimant's possession upon |
| 360 | which the claim is based or upon which the claimant is relying |
| 361 | to assert the claim; and |
| 362 | (g) Include a statement describing each item of actual |
| 363 | damage demanded by the claimant and the amount claimed. |
| 364 | (3) The notice of the claim must be delivered to the |
| 365 | dealer by certified or registered United States mail, return |
| 366 | receipt requested. The postal costs shall be reimbursed to the |
| 367 | claimant by the dealer if the dealer pays the claim and if the |
| 368 | claimant requests reimbursement of the postal costs in the |
| 369 | notice of claim. |
| 370 | (4) Notwithstanding any provision of this part to the |
| 371 | contrary, a claimant may not initiate litigation against a |
| 372 | dealer for a claim arising under this part related to, or in |
| 373 | connection with, the transaction or event described in the |
| 374 | notice of claim if the dealer pays the claimant within 15 |
| 375 | business days after receiving the notice of claim: |
| 376 | (a) The amount requested in the demand letter as specified |
| 377 | in paragraph (2)(g); and |
| 378 | (b) A surcharge of 10 percent of the amount requested in |
| 379 | the demand letter, not to exceed $500. |
| 380 | (5) For the purpose of this section, payment by a dealer |
| 381 | is deemed paid on the date a draft or other valid instrument |
| 382 | that is equivalent to payment is placed in the United States |
| 383 | mail, or other nationally recognized carrier, in a properly |
| 384 | addressed, postpaid envelope, or, if not so posted, on the date |
| 385 | of delivery. |
| 386 | (6) The claimant is not entitled to a surcharge in any |
| 387 | proceeding initiated against a dealer under this part if the |
| 388 | dealer rejects or ignores the notice of claim. |
| 389 | (7) Notwithstanding any provision of this part to the |
| 390 | contrary, a dealer is not required to pay the attorney's fees of |
| 391 | the claimant in any civil action brought under this part if: |
| 392 | (a) The dealer, within 15 business days after receiving |
| 393 | the claimant's notice of claim, notifies the claimant in |
| 394 | writing, and a court or arbitrator agrees, that the amount |
| 395 | claimed is not supported by the facts of the transaction or |
| 396 | event described in the notice of claim or by generally accepted |
| 397 | accounting principles or includes items not properly recoverable |
| 398 | under this part; or |
| 399 | (b) The claimant fails to substantially comply with this |
| 400 | section. |
| 401 | (8) Payment of the actual damages or an offer to pay |
| 402 | actual damages as set forth in this section: |
| 403 | (a) Does not constitute an admission of any wrongdoing by |
| 404 | the dealer; |
| 405 | (b) Is protected by s. 90.408; and |
| 406 | (c) Serves to release the dealer from any suit, action, or |
| 407 | other action that could be brought arising out of or in |
| 408 | connection with the transaction, event, or occurrence described |
| 409 | in the notice of claim. |
| 410 | (9) The applicable statute of limitations for an action |
| 411 | under this part is tolled for 15 business days, or such other |
| 412 | period of time as agreed to by the parties in writing, by the |
| 413 | mailing of the notice required by this section. |
| 414 | (10) This section does not apply to: |
| 415 | (a) Any claim for actual damages brought and certified as |
| 416 | a maintainable class action; or |
| 417 | (b) Any action brought by the enforcing authority. |
| 418 | (11) The Department of Legal Affairs shall prepare a form |
| 419 | demand letter to incorporate the information required by |
| 420 | subsection (2) and shall prepare an explanation of this part. |
| 421 | (a) The form and explanation shall be made available to |
| 422 | the public by the department and shall be provided by the dealer |
| 423 | to the customer at the time of the transaction. |
| 424 | (b) The form provided by the dealer shall include the |
| 425 | address where the demand letter must be sent. |
| 426 | (12) If a claimant initiates civil litigation under this |
| 427 | part without first complying with the requirements of this |
| 428 | section, the court, upon a motion by the claimant, may abate the |
| 429 | litigation, without prejudice, to permit the claimant to comply |
| 430 | with the provisions of this part and allow the dealer the |
| 431 | opportunity to accept or reject the demand in accordance with |
| 432 | subsection (4). |
| 433 | (13) Failure to provide the information required in |
| 434 | subsection (11) by the dealer shall constitute waiver of the |
| 435 | notice required under this part. |
| 436 | Section 9. Section 501.99, Florida Statutes, is created to |
| 437 | read: |
| 438 | 501.99 Application.--This part does not apply to: |
| 439 | (1) An act or practice required or specifically permitted |
| 440 | by federal or state law. |
| 441 | (2) A claim for personal injury or death or a claim for |
| 442 | damage to property other than the property that is the subject |
| 443 | of the consumer transaction. |
| 444 | (3) Any person or activity regulated under laws |
| 445 | administered by the Office of Insurance Regulation of the |
| 446 | Financial Services Commission. |
| 447 | (4) Any person or activity regulated under laws |
| 448 | administered by the former Department of Insurance that are now |
| 449 | administered by the Department of Financial Services. |
| 450 | Section 10. Subsection (8) is added to section 501.212, |
| 451 | Florida Statutes, to read: |
| 452 | 501.212 Application.--This part does not apply to: |
| 453 | (8) A claim brought by a person other than the enforcing |
| 454 | authority against a dealer as defined in s. 501.975(2). |
| 455 | Section 11. This act shall take effect upon becoming a |
| 456 | law. |