Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 545, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             05/05/2017 03:25 PM       .                                

       Senator Bracy moved the following:
    1         Senate Amendment to Amendment (183848) (with title
    2  amendment)
    4         Between lines 2113 and 2114
    5  insert:
    6         Section 41. Subsection (6) of section 501.976, Florida
    7  Statutes, is amended to read:
    8         501.976 Actionable, unfair, or deceptive acts or
    9  practices.—It is an unfair or deceptive act or practice,
   10  actionable under the Florida Deceptive and Unfair Trade
   11  Practices Act, for a dealer to:
   12         (6) Sell a vehicle without fully and conspicuously
   13  disclosing in writing at or before the consummation of sale any
   14  warranty or guarantee terms, obligations, or conditions that the
   15  dealer or manufacturer has given to the buyer. If the warranty
   16  obligations are to be shared by the dealer and the buyer, the
   17  method of determining the percentage of repair costs to be
   18  assumed by each party must be disclosed. If the dealer intends
   19  to disclaim or limit any expressed or implied warranty, the
   20  disclaimer must be in writing in a conspicuous manner and in lay
   21  terms in accordance with chapter 672 and the Magnuson-Moss
   22  Warranty—Federal Trade Commission Improvement Act and the
   23  disclaimer must be signed by the customer with the understanding
   24  the customer knows his or her rights under the Magnuson-Moss
   25  Warranty–Federal Trade Commission Improvement Act at or before
   26  the consummation of sale.
   28  In any civil litigation resulting from a violation of this
   29  section, when evaluating the reasonableness of an award of
   30  attorney’s fees to a private person, the trial court shall
   31  consider the amount of actual damages in relation to the time
   32  spent.
   34  ================= T I T L E  A M E N D M E N T ================
   35  And the title is amended as follows:
   36         Delete line 2727
   37  and insert:
   38         passenger transportation vehicle; amending s. 501.976,
   39         F.S.; requiring a disclaimer be signed by the customer
   40         with the understanding the customer knows his or her
   41         rights under the Magnuson-Moss Warranty–Federal Trade
   42         Commission Improvement Act at or before the
   43         consummation of sale if the dealer intends to disclaim
   44         or limit any expressed or implied warranty; amending
   45         s. 715.07,