Bill Text: FL S0726 | 2015 | Regular Session | Comm Sub


Bill Title: Consumer Protection

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S0726 Detail]

Download: Florida-2015-S0726-Comm_Sub.html
       Florida Senate - 2015                       CS for CS for SB 726
       
       
        
       By the Committees on Fiscal Policy; and Commerce and Tourism;
       and Senator Ring
       
       
       
       
       594-04424-15                                           2015726c2
    1                        A bill to be entitled                      
    2         An act relating to consumer protection; providing
    3         a short title; amending s. 501.142, F.S.; requiring
    4         retail sales establishments that sell goods to the
    5         public to grant a refund within a specified period of
    6         time for goods costing more than a specified amount if
    7         returned by a consumer who has been adjudicated
    8         incapacitated, is subject to a certain type of
    9         guardianship, or has a certain medical condition, if
   10         specified requirements are satisfied; providing
   11         penalties for a violation of the requirements; making
   12         technical changes; amending s. 501.95, F.S.;
   13         conforming a cross-reference; providing an effective
   14         date.
   15  
   16         WHEREAS, the Legislature finds that persons who are
   17  incapacitated, are subject to certain types of guardianships, or
   18  have been diagnosed with a medical condition causing a lack of
   19  capacity to make reasonable decisions need additional
   20  protections in consumer transactions involving costly purchases,
   21  and
   22         WHEREAS, it is in the public interest to protect the
   23  welfare of this state’s most vulnerable residents and their
   24  family members, and
   25         WHEREAS, it is the intent of the Legislature to safeguard
   26  such residents’ financial interests by providing them with the
   27  ability to return certain goods within a reasonable period of
   28  time, NOW, THEREFORE,
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. This act may be cited as “Terry’s Law.”
   33         Section 2. Section 501.142, Florida Statutes, is amended to
   34  read:
   35         501.142 Retail sales establishments; preemption; notice of
   36  refund policy requirements; exceptions; penalty.—
   37         (1) The regulation of refunds is preempted to the
   38  Department of Agriculture and Consumer Services notwithstanding
   39  any other law or local ordinance to the contrary, provided that
   40  a local government may enforce this section as specified in
   41  subsection (8).
   42         (2) Notwithstanding the Uniform Commercial Code, each every
   43  retail sales establishment offering goods for sale to the
   44  general public shall grant a cash refund or credit refund to a
   45  consumer for goods returned within 3 business days after the
   46  date of purchase if all of the following conditions are met:
   47         (a) The purchase exceeds $1,000, excluding tax.
   48         (b) The goods are unused and in the original carton, if a
   49  carton was furnished.
   50         (c) The consumer, or a representative of the consumer,
   51  provides the retailer with proof of purchase and documentation
   52  establishing that:
   53         1. The consumer has been adjudicated incapacitated pursuant
   54  to chapter 744 or under similar law in another state;
   55         2. The consumer is subject to a guardianship pursuant to
   56  chapter 744 or similar law in another state, and the guardian
   57  has the authority to determine the consumer’s right to manage
   58  property; or
   59         3. A power of attorney or a durable power of attorney
   60  pursuant to chapter 709 or similar law in another state is
   61  currently exercisable by the consumer’s agent, and the consumer
   62  has been diagnosed with a medical condition that causes him or
   63  her to lack sufficient understanding or capacity to make or
   64  communicate reasonable decisions concerning his or her person or
   65  property, which is evidenced by a written statement signed by a
   66  physician licensed pursuant to chapter 458 or chapter 459 or
   67  licensed to practice medicine under the laws of another state.
   68         (3)(a) Except as provided in subsection (2), a retail sales
   69  establishment offering goods for sale to the general public may
   70  refuse to offer a that offers no cash refund, credit refund, or
   71  exchange for the purchase if the retailer posts of merchandise
   72  must post a sign at the point of sale so stating that refunds or
   73  exchanges are not allowed at the point of sale. Failure of a
   74  retail sales establishment to exhibit a “no refund or exchange”
   75  sign at the point of sale under such circumstances means at the
   76  point of sale shall mean that a refund or exchange policy
   77  exists, and the policy must shall be presented in writing to the
   78  consumer upon request.
   79         (b) A Any retail sales establishment that violates this
   80  subsection shall failing to comply with the provisions of this
   81  section shall grant to the consumer, upon request and proof of
   82  purchase, a refund for the purchase on the merchandise, within 7
   83  days after of the date of purchase, if provided the goods are
   84  merchandise is unused and in the original carton, if one was
   85  furnished. This section does not Nothing herein shall prohibit a
   86  retail sales establishment from having a refund policy that
   87  which exceeds 7 the number of days and specified herein.
   88  However, this subsection does not prohibit a local government
   89  from enforcing the provisions established by this section.
   90         (4)(2)The provisions of This section does shall not apply
   91  to the sale of food, perishable goods, goods that which are
   92  custom made, goods that which are custom altered at the request
   93  of the customer, or goods that which cannot be resold by the
   94  merchant because of any law, rule, or regulation adopted by a
   95  governmental body.
   96         (5)(3)If the department finds that a person has violated
   97  or is operating in violation of:
   98         (a) Subsection (2), the department shall enter an order
   99  that imposes an administrative fine in the amount of twice the
  100  value of the goods, excluding tax, which the person refused to
  101  refund.
  102         (b)Subsection (3) or an order issued under this section,
  103  the department may enter an order that imposes doing one or more
  104  of the following if the department finds that a person has
  105  violated or is operating in violation of any of the provisions
  106  of this section or the orders issued under this section:
  107         1.(a)Impose An administrative fine not to exceed $100 for
  108  each violation.
  109         2.(b)A directive to Direct the person to cease and desist
  110  specified activities.
  111         (6)(4)An The administrative proceeding proceedings that
  112  may could result in the entry of an order imposing any of the
  113  penalties specified in subsection (5) is (3) are governed by
  114  chapter 120.
  115         (7)(5)Any Moneys recovered by the department of
  116  Agriculture and Consumer Services as a penalty under this
  117  section shall be deposited in the General Inspection Trust Fund.
  118         (8)(6) Upon the first violation of this section, a local
  119  government may issue a written warning. Upon a second or and any
  120  subsequent violation, a local government may impose a fine of up
  121  to $50 per violation. Any Moneys recovered by the local
  122  government as a penalty under this section shall be deposited in
  123  the appropriate local account.
  124         Section 3. Paragraph (c) of subsection (2) of section
  125  501.95, Florida Statutes, is amended to read:
  126         501.95 Gift certificates and credit memos.—
  127         (2)
  128         (c) Enforcement of this section shall be as provided in s.
  129  501.142(5)(b), (6), and (7) s. 501.142(3), (4), and (5) for
  130  violations of this section.
  131         Section 4. This act shall take effect July 1, 2015.

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