Bill Amendment: FL S0726 | 2015 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Consumer Protection
Status: 2015-05-01 - Died on Calendar [S0726 Detail]
Download: Florida-2015-S0726-Senate_Committee_Amendment_792582.html
Bill Title: Consumer Protection
Status: 2015-05-01 - Died on Calendar [S0726 Detail]
Download: Florida-2015-S0726-Senate_Committee_Amendment_792582.html
Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 726 Ì792582<Î792582 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Ring) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 30 - 88 4 and insert: 5 Section 1. Section 501.142, Florida Statutes, is amended to 6 read: 7 501.142 Retail sales establishments; preemption;notice of8 refund policy requirements; exceptions; penalty.— 9 (1) The regulation of refunds is preempted to the 10 Department of Agriculture and Consumer Services notwithstanding 11 any other law or local ordinance to the contrary, provided that 12 a local government may enforce the provisions of this section as 13 specified in subsection (8). 14 (2) Notwithstanding the Uniform Commercial Code, eachevery15 retail sales establishment offering goods for sale to the 16 general public must grant a cash refund or credit refund to a 17 consumer for goods returned within 3 business days after the 18 date of purchase if all of the following conditions are met: 19 (a) The purchase exceeds $1,000, excluding tax. 20 (b) The goods are unused and in the original carton, if a 21 carton was furnished. 22 (c) The consumer, or a representative of the consumer, 23 provides the retailer with proof of purchase and documentation 24 establishing that: 25 1. The consumer has been adjudicated incapacitated pursuant 26 to chapter 744 or under similar law in another state; 27 2. The consumer is subject to a guardianship pursuant to 28 chapter 744 or similar law in another state, and the guardian 29 has the authority to determine the consumer’s right to manage 30 property; or 31 3. A power of attorney or a durable power of attorney 32 pursuant to chapter 709 or similar law in another state is 33 currently exercisable by the consumer’s agent, and the consumer 34 has been diagnosed with a medical condition that causes him or 35 her to lack sufficient understanding or capacity to make or 36 communicate reasonable decisions concerning his or her person or 37 property, which is evidenced by a written statement signed by a 38 physician licensed pursuant to chapter 458 or chapter 459 or 39 licensed to practice medicine under the laws of another state. 40 (3)(a) Except as provided in subsection (2), a retail sales 41 establishment offering goods for sale to the general public may 42 refuse to offer athat offers nocash refund, credit refund, or 43 exchange for the purchase if the retailer postsof merchandise44must posta sign at the point of salesostating that refunds or 45 exchanges are not allowedat the point of sale. Failure of a 46 retail sales establishment to exhibit a “no refund or exchange” 47 sign at the point of sale under such circumstancesat the point48of saleshall mean that a refund or exchange policy exists, and 49 the policy mustshallbe presented in writing to the consumer 50 upon request. 51 (b) AAnyretail sales establishment that violates this 52 subsection mustfailing to comply with the provisions of this53section shallgrant to the consumer, upon request and proof of 54 purchase, a refund for the purchaseon the merchandise, within 7 55 days afterofthe date of purchase, ifprovidedthe goods are 56merchandise isunused and in the original carton, if one was 57 furnished. This section does notNothing herein shallprohibit a 58 retail sales establishment from having a refund policy that 59whichexceeds 7the number ofdays andspecified herein.60However, this subsectiondoes not prohibit a local government 61 from enforcingthe provisions established bythis section. 62 (4)(2)The provisions ofThis section doesshallnot apply 63 to the sale of food, perishable goods, goods thatwhichare 64 custom made, goods thatwhichare custom altered at the request 65 of the customer, or goods thatwhichcannot be resold by the 66 merchant because of any law, rule, or regulation adopted by a 67 governmental body. 68 (5)(3)If the department finds that a person has violated 69 or is operating in violation of: 70 (a) Subsection (2), the department shall enter an order 71 that 72 73 ================= T I T L E A M E N D M E N T ================ 74 And the title is amended as follows: 75 Delete lines 7 - 19 76 and insert: 77 been adjudicated incapacitated, is subject to a 78 certain type of guardianship, or has a certain medical 79 condition, if specified requirements are satisfied; 80 requiring restitution and providing penalties for a 81 violation of the requirements; making technical 82 changes; amending s. 501.95, F.S.; conforming a cross 83 reference; providing an effective date.WHEREAS, the 84 Legislature finds that persons who are incapacitated, 85 are subject to certain types of guardianships, or have 86 been diagnosed with a medical condition causing a lack 87 of capacity to make reasonable decisions need 88 additional protections in consumer transactions 89 involving costly purchases, and