Florida Senate - 2017 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 466 Ì140952'Î140952 LEGISLATIVE ACTION Senate . House . . . Floor: 1/WD/2R . 05/04/2017 10:24 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Steube moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 142 and 143 4 insert: 5 Section 4. Subsection (6) of section 501.976, Florida 6 Statutes, is amended to read: 7 501.976 Actionable, unfair, or deceptive acts or 8 practices.—It is an unfair or deceptive act or practice, 9 actionable under the Florida Deceptive and Unfair Trade 10 Practices Act, for a dealer to: 11 (6) Sell a vehicle without fully and conspicuously 12 disclosing in writing at or before the consummation of sale any 13 warranty or guarantee terms, obligations, or conditions that the 14 dealer or manufacturer has given to the buyer. If the warranty 15 obligations are to be shared by the dealer and the buyer, the 16 method of determining the percentage of repair costs to be 17 assumed by each party must be disclosed. If the dealer intends 18 to disclaim or limit any expressed or implied warranty, the 19 disclaimer must be in writing in a conspicuous manner and in lay 20 terms in accordance with chapter 672 and the Magnuson-Moss 21 Warranty—Federal Trade Commission Improvement Act. The 22 manufacturer or authorized service provider may not solely 23 condition the written or implied warranty of the vehicle on the 24 consumer only using a part or service provided or branded by the 25 manufacturer or its authorized service provider. 26 27 In any civil litigation resulting from a violation of this 28 section, when evaluating the reasonableness of an award of 29 attorney’s fees to a private person, the trial court shall 30 consider the amount of actual damages in relation to the time 31 spent. 32 33 ================= T I T L E A M E N D M E N T ================ 34 And the title is amended as follows: 35 Between lines 27 and 28 36 insert: 37 amending s. 501.976, F.S.; prohibiting a manufacturer 38 or authorized service provider from solely 39 conditioning a certain written or implied warranty of 40 a vehicle on the consumer only using a part or service 41 provided or branded by the manufacturer or its 42 authorized service provider;