Florida Senate - 2009                                    SB 1626
       
       
       
       By Senator Aronberg
       
       
       
       
       27-01754A-09                                          20091626__
    1                        A bill to be entitled                      
    2         An act relating to consumer complaints; creating s.
    3         570.5445, F.S.; creating the Consumer Complaint
    4         Interagency Coordinating Council; providing findings
    5         and legislative intent; providing definitions;
    6         providing for membership of the council; providing for
    7         meetings; requiring the Division of Consumer Services
    8         of the Department of Agriculture and Consumer Services
    9         to provide administrative and staff support services
   10         to the council; providing for the purposes and
   11         responsibilities of the council; requiring the council
   12         to submit recommendations to the Legislature by a
   13         specified date; providing for the Consumer Complaint
   14         Interagency Coordinating Council to expire on a
   15         specified date unless reenacted by the Legislature;
   16         amending s. 681.109, F.S.; requiring the Department of
   17         Legal Affairs rather than the Division of Consumer
   18         Services of the Department of Agriculture and Consumer
   19         Services to screen all requests for eligibility to
   20         appear before the Florida New Motor Vehicles
   21         Arbitration Board; providing an effective date.
   22         
   23  Be It Enacted by the Legislature of the State of Florida:
   24         
   25         Section 1. Section 570.5445, Florida Statutes, is created
   26  to read:
   27         570.5445Consumer Complaint Interagency Coordinating
   28  Council.—
   29         (1)FINDINGS AND INTENT.—The Legislature finds that there
   30  is a need for increased interagency coordination to address and
   31  resolve consumer complaints directed to state agencies, and in
   32  particular, those agencies that receive more than 5,000 consumer
   33  complaints during the fiscal year. It is therefore the intent of
   34  the Legislature for the Consumer Complaint Interagency
   35  Coordinating Council to act as an advisory body to the
   36  Department of Agriculture and Consumer Services.
   37         (2)DEFINITIONS.—As used in this section, the term:
   38         (a)“Consumer complaint” means a consumer’s formal request
   39  to a state agency through the medium of a written letter, an e
   40  mail submission, the filing of a complaint form, or a telephone
   41  call seeking assistance in resolving a disagreement between the
   42  consumer and a business person or a professional. In reference
   43  to telephone communications, the term explicitly contemplates
   44  the consumer using a telephone number specifically intended by
   45  the state agency to receive consumer calls.
   46         (b)“Department” means the Department of Agriculture and
   47  Consumer Services.
   48         (c)“Division” means the Division of Consumer Services of
   49  the Department of Agriculture and Consumer Services.
   50         (3)MEMBERSHIP.—
   51         (a)For the 2009-2010 and 2010-2011 fiscal years, one
   52  employee from each of the following agencies shall serve as a
   53  member of the Consumer Complaint Interagency Coordinating
   54  Council:
   55         1.The Department of Agriculture and Consumer Services;
   56         2.The Department of Financial Services;
   57         3.The Department of Business and Professional Regulation;
   58         4.The Public Service Commission;
   59         5.The Department of Legal Affairs;
   60         6.The Agency for Health Care Administration; and
   61         7.The Department of Elderly Affairs.
   62         (b)Beginning July 1, 2011, the membership of the Consumer
   63  Complaint Interagency Coordinating Council shall increase to
   64  include representatives of five additional state agencies and
   65  five consumers as selected by the Governor.
   66         (4)MEETINGS; PROCEDURES; RECORDS.—The Consumer Complaint
   67  Interagency Coordinating Council shall hold public meetings in
   68  July 2009, October 2009, and January 2010, and at least
   69  semiannually thereafter.
   70         (a)The director of the division shall serve as the chair
   71  of the council.
   72         (b)A voting majority of the members of the council plus
   73  one is necessary for the council to take official action.
   74         (c)The division shall provide administrative and staff
   75  support services for the council. The division shall maintain a
   76  complete record and minutes of the proceedings of each meeting,
   77  including the names of members present and the actions taken.
   78  Such records shall be kept on file with the division as the
   79  public records of the Consumer Complaint Interagency
   80  Coordinating Council.
   81         (5)PURPOSES AND RESPONSIBILITIES.—The Consumer Complaint
   82  Interagency Coordinating Council is an advisory body organized
   83  to improve interagency coordination for addressing consumer
   84  complaints submitted to state agencies.
   85         (a)In carrying out this purpose, the council shall:
   86         1.Serve as a forum to identify, discuss, and recommend
   87  approaches to overcome obstacles to improving state government’s
   88  responsiveness to consumer complaints, including improving
   89  response time, the percentage of complaints resolved, and
   90  consumer satisfaction with complaint-related services.
   91         2.By January 15, 2010, develop recommendations for a
   92  simple, uniform, and cost-effective method for all state
   93  agencies to annually collect and report a summary of consumer
   94  complaint information.
   95         (b)The recommendations of the Consumer Complaint
   96  Interagency Coordinating Council shall be presented to the
   97  Legislature through the division by February 15, 2010. Summary
   98  information shall include the number, subject, type, cost to
   99  process, and disposition of consumer complaints; the extent to
  100  which consumer complaints are transferred between agencies; and
  101  consumer protection areas that are in need of improved services.
  102         (c)If approved by the Legislature, each state agency shall
  103  use the uniform format to annually report a summary of the
  104  agency's activities in resolving consumer complaints.
  105         (6)The Consumer Complaint Interagency Coordinating Council
  106  expires June 30, 2014, unless reenacted by the Legislature
  107  before that date.
  108         Section 2. Subsection (5) of section 681.109, Florida
  109  Statutes, is amended to read:
  110         681.109 Florida New Motor Vehicle Arbitration Board;
  111  dispute eligibility.—
  112         (5) The Department of Legal Affairs division shall screen
  113  all requests for arbitration before the board to determine
  114  eligibility. The consumer's request for arbitration before the
  115  board shall be made on a form prescribed by the Department of
  116  Legal Affairs department. The Department of Legal Affairs
  117  division shall forward to the board all disputes that the
  118  Department of Legal Affairs division determines are potentially
  119  entitled to relief under this chapter.
  120         Section 3. This act shall take effect July 1, 2009.