Florida Senate - 2015 SB 726
By Senator Ring
29-00440-15 2015726__
1 A bill to be entitled
2 An act relating to consumer protection; amending s.
3 501.142, F.S.; requiring retail sales establishments
4 that sell goods to the public to grant a refund within
5 a specified period of time for goods costing more than
6 a specified amount if returned by a consumer who has
7 been adjudicated incapacitated or has documentation
8 from a physician of a certain medical condition, or by
9 a representative of the consumer, if specified
10 requirements are satisfied; requiring restitution and
11 providing penalties for a violation of the
12 requirements; making technical changes; amending s.
13 501.95, F.S.; conforming a cross-reference; providing
14 an effective date.
15
16 WHEREAS, the Legislature finds that persons who are
17 incapacitated or unable to make reasonable decisions due to a
18 medical condition need additional protections in consumer
19 transactions involving costly purchases, and
20 WHEREAS, it is in the public interest to protect the
21 welfare of this state’s most vulnerable residents and their
22 family members, and
23 WHEREAS, it is the intent of the Legislature to safeguard
24 such residents’ financial interests by providing them with the
25 ability to return certain goods within a reasonable period of
26 time, NOW, THEREFORE,
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 501.142, Florida Statutes, is amended to
31 read:
32 501.142 Retail sales establishments; preemption; notice of
33 refund policy requirements; exceptions; penalty.—
34 (1) The regulation of refunds is preempted to the
35 Department of Agriculture and Consumer Services notwithstanding
36 any other law or local ordinance to the contrary.
37 (2) Notwithstanding the Uniform Commercial Code, each every
38 retail sales establishment offering goods for sale to the
39 general public must grant a cash refund or credit refund to a
40 consumer for goods returned within 3 days after the date of
41 purchase if:
42 (a) The purchase exceeds $1,000, excluding tax.
43 (b) The goods are unused and in the original carton, if a
44 carton was furnished.
45 (c) The consumer, or a representative of the consumer,
46 provides the retailer with proof of purchase and:
47 1. Documentation establishing that the consumer has been
48 adjudicated incapacitated pursuant to chapter 744 or under
49 similar law in another state; or
50 2. A written statement signed by a physician licensed
51 pursuant to chapter 458 or chapter 459 or licensed to practice
52 medicine under the laws of another state which indicates that
53 the consumer has been diagnosed with a medical condition that
54 causes him or her to lack sufficient understanding or capacity
55 to make or communicate reasonable decisions concerning his or
56 her person or property.
57 (3)(a) Except as provided in subsection (2), a retail sales
58 establishment offering goods for sale to the general public may
59 refuse to offer a that offers no cash refund, credit refund, or
60 exchange for the purchase if the retailer posts of merchandise
61 must post a sign at the point of sale so stating that refunds or
62 exchanges are not allowed at the point of sale. Failure of a
63 retail sales establishment to exhibit a “no refund or exchange”
64 sign at the point of sale under such circumstances at the point
65 of sale shall mean that a refund or exchange policy exists, and
66 the policy must shall be presented in writing to the consumer
67 upon request.
68 (b) A Any retail sales establishment that violates this
69 subsection must failing to comply with the provisions of this
70 section shall grant to the consumer, upon request and proof of
71 purchase, a refund for the purchase on the merchandise, within 7
72 days after of the date of purchase, if provided the goods are
73 merchandise is unused and in the original carton, if one was
74 furnished. This section does not Nothing herein shall prohibit a
75 retail sales establishment from having a refund policy that
76 which exceeds 7 the number of days and specified herein.
77 However, this subsection does not prohibit a local government
78 from enforcing the provisions established by this section.
79 (4)(2) The provisions of This section does shall not apply
80 to the sale of food, perishable goods, goods that which are
81 custom made, goods that which are custom altered at the request
82 of the customer, or goods that which cannot be resold by the
83 merchant because of any law, rule, or regulation adopted by a
84 governmental body.
85 (5)(3) If the department finds that a person has violated
86 or is operating in violation of:
87 (a) Subsection (2), the department shall enter an order
88 that requires restitution to be paid to the consumer and that
89 imposes an administrative fine in the amount of twice the value
90 of the goods, excluding tax, which the person refused to refund.
91 (b) Subsection (3) or an order issued under this section,
92 the department may enter an order that imposes doing one or more
93 of the following if the department finds that a person has
94 violated or is operating in violation of any of the provisions
95 of this section or the orders issued under this section:
96 1.(a) Impose An administrative fine not to exceed $100 for
97 each violation.
98 2.(b) A directive to Direct the person to cease and desist
99 specified activities.
100 (6)(4) An The administrative proceeding proceedings that
101 may could result in the entry of an order imposing any of the
102 penalties specified in subsection (5) is (3) are governed by
103 chapter 120.
104 (7)(5) Any Moneys recovered by the department of
105 Agriculture and Consumer Services as a penalty under this
106 section shall be deposited in the General Inspection Trust Fund.
107 (8)(6) Upon the first violation of this section, a local
108 government may issue a written warning. Upon a second or and any
109 subsequent violation, a local government may impose a fine of up
110 to $50 per violation. Any Moneys recovered by the local
111 government as a penalty under this section shall be deposited in
112 the appropriate local account.
113 Section 2. Paragraph (c) of subsection (2) of section
114 501.95, Florida Statutes, is amended to read:
115 501.95 Gift certificates and credit memos.—
116 (2)
117 (c) Enforcement of this section shall be as provided in s.
118 501.142(5)(b), (6), and (7) s. 501.142(3), (4), and (5) for
119 violations of this section.
120 Section 3. This act shall take effect July 1, 2015.