Bill Text: FL S2122 | 2011 | Regular Session | Enrolled
Bill Title: State Government Operations
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2011-05-07 - Ordered engrossed, then enrolled -SJ 1848 [S2122 Detail]
Download: Florida-2011-S2122-Enrolled.html
ENROLLED 2011 Legislature SB 2122, 1st Engrossed 20112122er 1 2 An act relating to state government operations; 3 amending s. 20.14, F.S.; removing the Division of 4 Dairy Industry within the department; changing the 5 name of the Division of Forestry to the Florida Forest 6 Service; amending s. 320.90, F.S.; requiring the 7 Department of Legal Affairs, rather than the 8 Department of Agriculture and Consumer Services, to 9 distribute free of charge a motor vehicle consumer’s 10 rights pamphlet; amending s. 501.160, F.S.; providing 11 for the state attorneys and the Department of Legal 12 Affairs, rather than the Department of Agriculture and 13 Consumer Services, to enforce the law prohibiting 14 price gouging; reenacting s. 570.18, F.S., relating to 15 the organization of the Department of Agriculture and 16 Consumer Services, to incorporate the amendment made 17 to s. 570.29, F.S., in a reference thereto; amending 18 s. 570.20, F.S.; removing the time limitations on 19 provisions authorizing moneys in the General 20 Inspection Trust Fund to be used for programs operated 21 by the Department of Agriculture and Consumer 22 Services; amending s. 570.29, F.S.; removing the 23 Division of Dairy Industry within the department, to 24 conform to changes made by the act; changing the name 25 of the Division of Forestry to the Florida Forest 26 Service; adding the Division of Licensing as a 27 division within the department; repealing ss. 570.40 28 and 570.41, F.S., relating to the powers and duties of 29 the Division of Dairy Industry; amending s. 570.50, 30 F.S.; adding the inspection of dairy farms, milk 31 plants, and milk product plants and other specified 32 functions to the duties of the Division of Food Safety 33 within the department; amending ss. 570.548, 570.549, 34 and 570.903, F.S.; conforming references to changes 35 made by the act; requesting the Division of Statutory 36 Revision to prepare a reviser’s bill making conforming 37 statutory changes; amending s. 601.04, F.S.; revising 38 the number of members on the Florida Citrus 39 Commission; providing for the termination of the terms 40 of members appointed before a specified date and for 41 appointment of members by the Governor; amending s. 42 601.09, F.S.; revising the composition of the citrus 43 districts; amending s. 601.10, F.S.; providing for the 44 appointment of an executive director of the Department 45 of Citrus and for confirmation by the Senate; 46 providing a term of office; specifying the work week 47 for employees of the Department of Citrus; providing 48 for a reduction in salary for an employee who chooses 49 to work less than the required weekly period; amending 50 s. 601.15, F.S., relating to an excise tax levied and 51 imposed upon each standard-packed box of citrus fruit 52 grown and placed into the primary channel of trade; 53 providing for certain tax rates to be levied; 54 repealing s. 681.102(7), F.S., relating to the 55 definition of the term “division”; amending ss. 56 681.103, 681.108, 681.109, 681.1095, 681.1096, 57 681.110, 681.112, 681.114, 681.117, and 681.118, F.S.; 58 providing for the Department of Legal Affairs, rather 59 than the Division of Consumer Services of the 60 Department of Agriculture and Consumer Services, to 61 enforce the state Lemon Law; consolidating enforcement 62 duties under the Motor Vehicle Warranty Enforcement 63 Act within the Department of Legal Affairs; conforming 64 provisions to changes made by the act; providing an 65 effective date. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1. Subsection (2) of section 20.14, Florida 70 Statutes, is amended to read: 71 20.14 Department of Agriculture and Consumer Services. 72 There is created a Department of Agriculture and Consumer 73 Services. 74 (2) The following divisions of the Department of 75 Agriculture and Consumer Services are established: 76 (a) Administration. 77 (b) Agricultural Environmental Services. 78 (c) Animal Industry. 79 (d) Aquaculture. 80 (e) Consumer Services. 81(f) Dairy Industry.82 (f)(g)Food Safety. 83 (g)(h)Florida Forest ServiceForestry. 84 (h)(i)Fruit and Vegetables. 85 (i)(j)Licensing. 86 (j)(k)Marketing and Development. 87 (k)(l)Plant Industry. 88 (l)(m)Standards. 89 Section 2. Section 320.90, Florida Statutes, is amended to 90 read: 91 320.90 Notification of consumer’s rights.—The department 92 shall develop a motor vehicle consumer’s rights pamphlet which 93 shall be distributed free of charge by the Department of Legal 94 AffairsAgriculture and Consumer Servicesto the motor vehicle 95 owner upon request. Such pamphlet must contain information 96 relating to odometer fraud and provide a summary of the rights 97 and remedies available to all purchasers of motor vehicles. 98 Section 3. Subsection (8) of section 501.160, Florida 99 Statutes, is amended to read: 100 501.160 Rental or sale of essential commodities during a 101 declared state of emergency; prohibition against unconscionable 102 prices.— 103 (8) Any violation of this section may be enforced bythe104Department of Agriculture and Consumer Services,the office of 105 the state attorney,or the Department of Legal Affairs. 106 Section 4. For the purpose of incorporating the amendment 107 made by this act to section 570.29, Florida Statutes, in a 108 reference thereto, section 570.18, Florida Statutes, is 109 reenacted to read: 110 570.18 Organization of departmental work.—In the assignment 111 of functions to the 12 divisions of the department created in s. 112 570.29, the department shall retain within the Division of 113 Administration, in addition to executive functions, those powers 114 and duties enumerated in s. 570.30. The department shall 115 organize the work of the other 11 divisions in such a way as to 116 secure maximum efficiency in the conduct of the department. The 117 divisions created in s. 570.29 are solely to make possible the 118 definite placing of responsibility. The department shall be 119 conducted as a unit in which every employee, including each 120 division director, is assigned a definite workload, and there 121 shall exist between division directors a spirit of cooperative 122 effort to accomplish the work of the department. 123 Section 5. Subsection (2) of section 570.20, Florida 124 Statutes, is amended to read: 125 570.20 General Inspection Trust Fund.— 126 (2)For the 2010-2011 fiscal year only andNotwithstanding 127 any other provision of law to the contrary,in addition to the128spending authorized in subsection (1),moneys in the General 129 Inspection Trust Fund may be appropriated for programs operated 130 by the department which are related to the programs authorized 131 by this chapter in addition to the spending authorized in 132 subsection (1).This subsection expires July 1, 2011.133 Section 6. Section 570.29, Florida Statutes, is amended to 134 read: 135 570.29 Departmental divisions.—The department shall include 136 the following divisions: 137 (1) Administration. 138 (2) Agricultural Environmental Services. 139 (3) Animal Industry. 140 (4) Aquaculture. 141 (5) Consumer Services. 142(6) Dairy Industry.143 (6)(7)Food Safety. 144 (7)(8)Florida Forest ServiceForestry. 145 (8)(9)Fruit and Vegetables. 146 (9) Licensing. 147 (10) Marketing and Development. 148 (11) Plant Industry. 149 (12) Standards. 150 Section 7. Sections 570.40 and 570.41, Florida Statutes, 151 are repealed. 152 Section 8. Subsections (6) and (7) are added to section 153 570.50, Florida Statutes, to read: 154 570.50 Division of Food Safety; powers and duties.—The 155 duties of the Division of Food Safety include, but are not 156 limited to: 157 (6) Inspecting dairy farms of the state and enforcing those 158 provisions of chapter 502 as are authorized by the department 159 relating to the supervision of milking operations and the rules 160 adopted pursuant to such law. 161 (7) Inspecting milk plants, milk product plants, and plants 162 engaged in the manufacture and distribution of frozen desserts 163 and frozen dessert mixes; analyzing and testing samples of milk, 164 milk products, frozen desserts, and frozen dessert mixes which 165 are collected by the division; and enforcing those provisions of 166 chapter 502 or chapter 503 as are authorized by the department. 167 Section 9. Section 570.548, Florida Statutes, is amended to 168 read: 169 570.548 Florida Forest ServiceDivision of Forestry; powers 170 and duties.—The duties of the Florida Forest ServiceDivision of171Forestryinclude, but are not limited to, administering and 172 enforcing those powers and responsibilities of the Florida 173 Forest Servicedivisionprescribed in chapters 589, 590, and 591 174 and the rules adopted pursuant thereto and in other forest fire, 175 forest protection, and forest management laws of this state. 176 Section 10. Section 570.549, Florida Statutes, is amended 177 to read: 178 570.549 Director; duties.— 179 (1) The director of the Florida Forest ServiceDivision of180Forestryshall be appointed by the commissioner and shall serve 181 at the commissioner’s pleasure. 182 (2) It shall be the duty of the director of the Florida 183 Forest Servicethis divisionto direct and supervise the overall 184 operation of the Florida Forest Servicedivisionand to exercise 185 such other powers and duties as authorized by the department. 186 Section 11. Subsection (1) of section 570.903, Florida 187 Statutes, is amended to read: 188 570.903 Direct-support organization.— 189 (1) When the Legislature authorizes the establishment of a 190 direct-support organization to provide assistance for the 191 museums, the Florida Agriculture in the Classroom Program, the 192 Florida State Collection of Arthropods, the Friends of the 193 Florida State Forests Program of the Florida Forest Service 194Division of Forestry, and the Forestry Arson Alert Program, and 195 other programs of the department, the following provisions shall 196 govern the creation, use, powers, and duties of the direct 197 support organization. 198 (a) The department shall enter into a memorandum or letter 199 of agreement with the direct-support organization, which shall 200 specify the approval of the department, the powers and duties of 201 the direct-support organization, and rules with which the 202 direct-support organization shall comply. 203 (b) The department may permit, without charge, appropriate 204 use of property, facilities, and personnel of the department by 205 a direct-support organization, subject to the provisions of ss. 206 570.902 and 570.903. The use shall be directly in keeping with 207 the approved purposes of the direct-support organization and 208 shall not be made at times or places that would unreasonably 209 interfere with opportunities for the general public to use 210 department facilities for established purposes. 211 (c) The department shall prescribe by contract or by rule 212 conditions with which a direct-support organization shall comply 213 in order to use property, facilities, or personnel of the 214 department or museum. Such rules shall provide for budget and 215 audit review and oversight by the department. 216 (d) The department shall not permit the use of property, 217 facilities, or personnel of the museum, department, or 218 designated program by a direct-support organization which does 219 not provide equal employment opportunities to all persons 220 regardless of race, color, religion, sex, age, or national 221 origin. 222 Section 12. The Division of Statutory Revision is requested 223 to prepare a reviser’s bill for introduction at a subsequent 224 session of the Legislature which replaces all statutory 225 references to the Division of Forestry with the term “Florida 226 Forest Service.” 227 Section 13. Subsection (1), paragraph (a) of subsection 228 (2), and subsection (4) of section 601.04, Florida Statutes, are 229 amended to read: 230 601.04 Florida Citrus Commission; creation and membership.— 231 (1)(a) There isherebycreated and established within the 232 Department of Citrus a board to be known and designated as the 233 “Florida Citrus Commission” to be composed of nine12practical 234 citrus fruit persons who are resident citizens of the state, 235 each of whom is and has been actively engaged in growing, 236 growing and shipping, or growing and processing of citrus fruit 237 in the state for a period of at least 5 years immediately prior 238 to appointment to the said commission and has, during said 239 period, derived a major portion of her or his income therefrom 240 or, during said time, has been the owner of, member of, officer 241 of, or paid employee of a corporation, firm, or partnership 242 which has, during said time, derived the major portion of its 243 income from the growing, growing and shipping, or growing and 244 processing of citrus fruit. 245 (b) SixSevenmembers of the commission shall be designated 246 as grower members and shall be primarily engaged in the growing 247 of citrus fruit as an individual owner; as the owner of, or as 248 stockholder of, a corporation; or as a member of a firm or 249 partnership primarily engaged in citrus growing. None of such 250 members shall receive any compensation from any licensed citrus 251 fruit dealer or handler, as defined in s. 601.03, other than 252 gift fruit shippers, but any of the grower members shall not be 253 disqualified as a member if, individually, or as the owner of, a 254 member of, an officer of, or a stockholder of a corporation, 255 firm, or partnership primarily engaged in citrus growing which 256 processes, packs, and markets its own fruit and whose business 257 is primarily not purchasing and handling fruit grown by others. 258 ThreeFivemembers of the commission shall be designated as 259 grower-handler members and shall be engaged as owners, or as 260 paid officers or employees, of a corporation, firm, partnership, 261 or other business unit engaged in handling citrus fruit. OneTwo262 of such threefivegrower-handler members shall be primarily 263 engaged in the fresh fruit business and twothreeof such three 264fivegrower-handler members shall be primarily engaged in the 265 processing of citrus fruits. 266 (c) There shall be three members of the commission from 267 each of the threefourcitrus districts. Each member must reside 268 in the district from which she or he was appointed. For the 269 purposes of this section, the residence of a member shall be the 270 actual physical and permanent residence of the member. 271 (2)(a) The members of such commission shall possess the 272 qualifications herein provided and shall be appointed by the 273 Governor for terms of 3 years each. Appointments shall be made 274 by February 1 preceding the commencement of the term and shall 275 be subject to confirmation by the Senate in the following 276 legislative session. Four members shall be appointed each year. 277 Such members shall serve until their respective successors are 278 appointed and qualified. The regular terms shall begin on June 1 279 and shall end on May 31 of the third year after such 280 appointment. Effective July 1, 2011, the terms of all members of 281 the commission appointed on or before May 1, 2011, are 282 terminated and the Governor shall appoint the members of the 283 commission in accordance with the provisions of this act. 284 (4) It is the intent of the Legislature that the commission 285 be redistricted every 5 years. Redistricting shall be based on 286 the total boxes produced from each of the threefourdistricts 287 during that 5-year period. 288 Section 14. Section 601.09, Florida Statutes, is amended to 289 read: 290 601.09 Citrus districts.—For purposes of this chapter, the 291 state is divided into threefourdistricts composed ofthe292following counties: 293 (1) Citrus District One: Levy, Alachua, Brevard, Putnam, 294 St. Johns, St. Lucie, Flagler, Indian River, Marion,Citrus,295Sumter, Lake,Seminole, Orange, Okeechobee,Hernando, Pasco,296Pinellas, Hillsborough,Polk, Volusia, and Osceola Counties. 297 (2) Citrus District Two:Manatee,Hardee, DeSoto, 298 Highlands,Sarasota, Charlotte, Lee, Collier,and GladesMonroe299 Counties. 300 (3) Citrus District Three: Charlotte, Citrus, Collier, 301 Hernando, Hendry, Hillsborough, Lake, Lee, Manatee, Monroe, 302Volusia, Brevard, Indian River, St. Lucie,Martin, Pasco, Palm 303 Beach, Pinellas, Sarasota, Sumter, Broward, and Miami-Dade 304 Counties. 305(4) Citrus District Four: Highlands, Okeechobee, Glades,306and Hendry Counties.307 Section 15. Subsection (3) of section 601.10, Florida 308 Statutes, is amended to read: 309 601.10 Powers of the Department of Citrus.—The Department 310 of Citrus shall have and shall exercise such general and 311 specific powers as are delegated to it by this chapter and other 312 statutes of the state, which powers shall include, but shall not 313 be confined to, the following: 314 (3) To employ and, at its pleasure, discharge an executive 315 director, a secretary, and such attorneys, clerks, and employees316 as it deems necessary and to outline his or hertheirpowers and 317 duties and fix his or hertheircompensation. 318 (a) The executive director of the department shall be 319 appointed by a majority vote of the commission for a term of 4 320 years, except for the initial term, and the executive director 321 shall be subject to confirmation by the Senate in the 322 legislative session following appointment. 323 1. The initial term of the executive director ends June 30, 324 2011, and each subsequent 4-year term begins July 1, and shall 325 be filled in the same manner as the original appointment. 326 2. A vacancy for the executive director shall be filled for 327 the unexpired portion of the term in the same manner as the 328 original appointment. 329 (b) The Department of Citrus may pay, or participate in the 330 payment of, premiums for health, accident, and life insurance 331 for its full-time employees, pursuant to such rules or 332 regulations as it may adopt; and such payments shall be in 333 addition to the regular salaries of such full-time employees. 334 The payment of such or similar benefits to its employees in 335 foreign countries, including, but not limited to, social 336 security, retirement, and other similar fringe benefit costs, 337 may be in accordance with laws in effect in the country of 338 employment, except that no benefits will be payable to employees 339 not authorized for other state employees, as provided in the 340 Career Service System. 341 (c) Employees of the department shall work a 5-day, 40-hour 342 week. Unless an employee is on approved leave, an employee’s 343 salary shall be decreased by 20 percent for each day not worked 344 during the 5-day work week if the employee chooses to regularly 345 work less than a 5-day work week. 346 Section 16. Paragraph (a) of subsection (3) of section 347 601.15, Florida Statutes, is amended to read: 348 601.15 Advertising campaign; methods of conducting; excise 349 tax; emergency reserve fund; citrus research.— 350 (3)(a) There is hereby levied and imposed upon each 351 standard-packed box of citrus fruit grown and placed into the 352 primary channel of trade in this state an excise tax at maximum 353 annual rates for each citrus season as determined from the 354 tables in this paragraph and based upon the previous season’s 355 actual statewide production as reported in the United States 356 Department of Agriculture Citrus Crop Production Forecast as of 357 June 1. The rates may be set at any lower rate in any year 358 pursuant to paragraph (e). 359 1. The following maximum tax rates, expressed in cents per 360 box, shall apply to grapefruit which enters the primary channel 361 of trade for use in fresh form: 362 363 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter 364 80 andgreater 33 34 35 36 37 365 75-79.99 35 36 37 38 39 366 70-74.99 37 38 39 41 42 367 65-69.99 40 41 42 44 45 368 60-64.99 43 44 46 47 49 369 55-59.99 47 48 50 51 53 370 50-54.99 51 53 55 56 58 371 45-49.99 57 59 60 62 64 372 40-44.99 63 65 67 69 71 373 Less than 40 72 74 76 79 81 374 However, effective July 1, 2011, the tax rate per box on 375 grapefruit that enters the primary channel of trade for use in 376 fresh form may not exceed the tax rate per box in effect on May 377 1, 2011. 378 2. The following maximum tax rates, expressed in cents per 379 box, shall apply to grapefruit which enters the primary channel 380 of trade for use in processed forms: 381 382 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter 383 80 andgreater 23 24 25 25 26 384 75-79.99 25 25 26 27 28 385 70-74.99 26 27 28 29 30 386 65-69.99 28 29 30 31 32 387 60-64.99 31 32 32 33 34 388 55-59.99 33 34 35 36 37 389 50-54.99 36 38 39 40 41 390 45-49.99 40 41 43 44 45 391 40-44.99 45 46 48 49 51 392 Less than 40 51 53 54 56 57 393 However, effective July 1, 2011, the tax rate per box on 394 grapefruit that enters the primary channel of trade for use in 395 processed forms may not exceed the tax rate per box in effect on 396 May 1, 2011. 397 3. The following maximum tax rates, expressed in cents per 398 box, shall apply to oranges which enter the primary channel of 399 trade for use in fresh form: 400 401 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter 402 255 andgreater 23 24 25 26 26 403 245-254.9 24 25 26 27 27 404 235-244.9 25 26 27 28 28 405 225-234.9 26 27 28 29 30 406 215-224.9 28 28 29 30 31 407 205-214.9 29 30 31 32 33 408 195-204.9 30 31 32 33 34 409 185-194.9 32 33 34 35 36 410 175-184.9 34 35 36 37 38 411 165-174.9 36 37 38 39 40 412 155-164.9 38 39 40 41 43 413 Less than 155 41 42 43 44 46 414 However, effective July 1, 2011, the tax rate per box on oranges 415 that enter the primary channel of trade for use in fresh form 416 may not exceed the tax rate per box in effect on May 1, 2011. 417 4. The following maximum tax rates, expressed in cents per 418 box, shall apply to oranges which enter the primary channel of 419 trade for use in processed form: 420 421 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter 422 255 andgreater 15 16 16 17 17 423 245-254.9 16 16 17 17 18 424 235-244.9 17 17 18 18 19 425 225-234.9 17 18 18 19 19 426 215-224.9 18 19 19 20 20 427 205-214.9 19 20 20 21 21 428 195-204.9 20 21 21 22 22 429 185-194.9 21 22 22 23 24 430 175-184.9 22 23 23 24 25 431 165-174.9 23 24 25 26 26 432 155-164.9 25 26 26 27 28 433 Less than 155 27 27 28 29 30 434 However, effective July 1, 2011, the tax rate per box on oranges 435 that enter the primary channel of trade for use in processed 436 form may not exceed 25 cents per box. 437 5. The actual tax rate levied each year upon oranges which 438 enter the primary channel of trade for use in processed form, 439 pursuant to this paragraph, paragraph (e), and subsection (4), 440 shall also apply in that year to tangerines and citrus hybrids 441 regulated by the Department of Citrus which enter the primary 442 channel of trade for use in processed form. 443 6. The following maximum tax rates, expressed in cents per 444 box, shall apply to tangerines and citrus hybrids regulated by 445 the Department of Citrus which enter the primary channel of 446 trade for use in fresh form: 447 448 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter 449 13 andgreater 24 24 25 26 27 450 12 - 12.99 26 26 27 28 29 451 11 - 11.99 28 29 30 30 31 452 10 - 10.99 31 31 32 33 34 453 9 - 9.99 34 35 36 37 38 454 8 - 8.99 38 39 40 41 42 455 7 - 7.99 43 44 45 47 48 456 Less than 7 49 51 52 54 56 457 However, effective July 1, 2011, the tax rate per box on 458 tangerines and citrus hybrids regulated by the Department of 459 Citrus which enter the primary channel of trade for use in fresh 460 form may not exceed the tax rate per box in effect on May 1, 461 2011. 462 Section 17. Subsection (7) of section 681.102, Florida 463 Statutes, is repealed. 464 Section 18. Subsections (2) and (3) of section 681.103, 465 Florida Statutes, are amended to read: 466 681.103 Duty of manufacturer to conform a motor vehicle to 467 the warranty.— 468 (2) Each manufacturer shall provide to its consumers 469 conspicuous notice of the address and phone number for its zone, 470 district, or regional office for this state in the written 471 warranty or owner’s manual. By January 1 of each year, each 472 manufacturer shall forward to the departmentof Legal Affairsa 473 copy of the owner’s manual and any written warranty for each 474 make and model of motor vehicle that it sells in this state. 475 (3) At the time of acquisition, the manufacturer shall 476 inform the consumer clearly and conspicuously in writing how and 477 where to file a claim with a certified procedure if such 478 procedure has been established by the manufacturer pursuant to 479 s. 681.108. The nameplate manufacturer of a recreational vehicle 480 shall, at the time of vehicle acquisition, inform the consumer 481 clearly and conspicuously in writing how and where to file a 482 claim with a program pursuant to s. 681.1096. The manufacturer 483 shall provide to the dealer and, at the time of acquisition, the 484 dealer shall provide to the consumer a written statement that 485 explains the consumer’s rights under this chapter. The written 486 statement shall be prepared by the departmentof Legal Affairs487 and shall contain a toll-free number for the department which 488division thatthe consumer can contact to obtain information 489 regarding the consumer’s rights and obligations under this 490 chapter or to commence arbitration. If the manufacturer obtains 491 a signed receipt for timely delivery of sufficient quantities of 492 this written statement to meet the dealer’s vehicle sales 493 requirements, it shall constitute prima facie evidence of 494 compliance with this subsection by the manufacturer. The 495 consumer’s signed acknowledgment of receipt of materials 496 required under this subsection shall constitute prima facie 497 evidence of compliance by the manufacturer and dealer. The form 498 of the acknowledgments shall be approved by the departmentof499Legal Affairs, and the dealer shall maintain the consumer’s 500 signed acknowledgment for 3 years. 501 Section 19. Subsections (1), (2), (3), (4), (5), and (8) of 502 section 681.108, Florida Statutes, are amended to read: 503 681.108 Dispute-settlement procedures.— 504 (1) If a manufacturer has established a procedure, which 505 the departmentdivisionhas certified as substantially complying 506 with the provisions of 16 C.F.R. part 703, in effect October 1, 507 1983, and with the provisions of this chapter and the rules 508 adopted under this chapter, and has informed the consumer how 509 and where to file a claim with such procedure pursuant to s. 510 681.103(3), the provisions of s. 681.104(2) apply to the 511 consumer only if the consumer has first resorted to such 512 procedure. The decisionmakers for a certified procedure shall, 513 in rendering decisions, take into account all legal and 514 equitable factors germane to a fair and just decision, 515 including, but not limited to, the warranty; the rights and 516 remedies conferred under 16 C.F.R. part 703, in effect October 517 1, 1983; the provisions of this chapter; and any other equitable 518 considerations appropriate under the circumstances. 519 Decisionmakers and staff of a procedure shall be trained in the 520 provisions of this chapter and in 16 C.F.R. part 703, in effect 521 October 1, 1983. In an action brought by a consumer concerning 522 an alleged nonconformity, the decision that results from a 523 certified procedure is admissible in evidence. 524 (2) A manufacturer may apply to the departmentdivisionfor 525 certification of its procedure. After receipt and evaluation of 526 the application, the departmentdivisionshall certify the 527 procedure or notify the manufacturer of any deficiencies in the 528 application or the procedure. 529 (3) A certified procedure or a procedure of an applicant 530 seeking certification shall submit to the departmentdivisiona 531 copy of each settlement approved by the procedure or decision 532 made by a decisionmaker within 30 days after the settlement is 533 reached or the decision is rendered. The decision or settlement 534 must contain at a minimum the: 535 (a) Name and address of the consumer; 536 (b) Name of the manufacturer and address of the dealership 537 from which the motor vehicle was purchased; 538 (c) Date the claim was received and the location of the 539 procedure office that handled the claim; 540 (d) Relief requested by the consumer; 541 (e) Name of each decisionmaker rendering the decision or 542 person approving the settlement; 543 (f) Statement of the terms of the settlement or decision; 544 (g) Date of the settlement or decision; and 545 (h) Statement of whether the decision was accepted or 546 rejected by the consumer. 547 (4) Any manufacturer establishing or applying to establish 548 a certified procedure must file with the departmentdivisiona 549 copy of the annual audit required under the provisions of 16 550 C.F.R. part 703, in effect October 1, 1983, together with any 551 additional information required for purposes of certification, 552 including the number of refunds and replacements made in this 553 state pursuant to the provisions of this chapter by the 554 manufacturer during the period audited. 555 (5) The departmentdivisionshall review each certified 556 procedure at least annually, prepare an annual report evaluating 557 the operation of certified procedures established by motor 558 vehicle manufacturers and procedures of applicants seeking 559 certification, and, for a period not to exceed 1 year, shall 560 grant certification to, or renew certification for, those 561 manufacturers whose procedures substantially comply with the 562 provisions of 16 C.F.R. part 703, in effect October 1, 1983, and 563 with the provisions of this chapter and rules adopted under this 564 chapter. If certification is revoked or denied, the department 565divisionshall state the reasons for such action. The reports 566 and records of actions taken with respect to certification shall 567 be public records. 568 (8) The departmentdivisionshall adopt rules to implement 569 this section. 570 Section 20. Subsections (1), (2), (3), (5), (6), and (7) of 571 section 681.109, Florida Statutes, are amended to read: 572 681.109 Florida New Motor Vehicle Arbitration Board; 573 dispute eligibility.— 574 (1) If a manufacturer has a certified procedure, a consumer 575 claim arising during the Lemon Law rights period must be filed 576 with the certified procedure no later than 60 days after the 577 expiration of the Lemon Law rights period. If a decision is not 578 rendered by the certified procedure within 40 days afterof579 filing, the consumer may apply to the departmentdivisionto 580 have the dispute removed to the board for arbitration. 581 (2) If a manufacturer has a certified procedure, a consumer 582 claim arising during the Lemon Law rights period must be filed 583 with the certified procedure no later than 60 days after the 584 expiration of the Lemon Law rights period. If a consumer is not 585 satisfied with the decision or the manufacturer’s compliance 586 therewith, the consumer may apply to the departmentdivisionto 587 have the dispute submitted to the board for arbitration. A 588 manufacturer may not seek review of a decision made under its 589 procedure. 590 (3) If a manufacturer has no certified procedure or if a 591 certified procedure does not have jurisdiction to resolve the 592 dispute, a consumer may apply directly to the department 593divisionto have the dispute submitted to the board for 594 arbitration. 595 (5) The departmentdivisionshall screen all requests for 596 arbitration before the board to determine eligibility. The 597 consumer’s request for arbitration before the board shall be 598 made on a form prescribed by the department. The department 599divisionshall forward to the board all disputes that the 600 departmentdivisiondetermines are potentially entitled to 601 relief under this chapter. 602 (6) The departmentdivisionmay reject a dispute that it 603 determines to be fraudulent or outside the scope of the board’s 604 authority. Any dispute deemed by the departmentdivisionto be 605 ineligible for arbitration by the board due to insufficient 606 evidence may be reconsidered upon the submission of new 607 information regarding the dispute. Following a second review, 608 the departmentdivisionmay reject a dispute if the evidence is 609 clearly insufficient to qualify for relief. If aAnydispute is 610 rejected by the department, the department shall senddivision611shall be forwarded to the department and a copy shall be sentby 612 registered mail to the consumer and the manufacturer, containing613 a brief explanation as to the reason for rejection. 614 (7) If the departmentdivisionrejects a dispute, the 615 consumer may file a lawsuit to enforce the remedies provided 616 under this chapter. In any civil action arising under this 617 chapter and relating to a matter considered by the department 618division, any determination made to reject a dispute is 619 admissible in evidence. 620 Section 21. Subsections (1) through (6) and subsection (11) 621 of section 681.1095, Florida Statutes, are amended to read: 622 681.1095 Florida New Motor Vehicle Arbitration Board; 623 creation and function.— 624 (1) There is established within the departmentof Legal625Affairs, the Florida New Motor Vehicle Arbitration Board, 626 consisting of members appointed by the Attorney General for an 627 initial term of 1 year. Board members may be reappointed for 628 additional terms of 2 years. Each board member is accountable to 629 the Attorney General for the performance of the member’s duties 630 and is exempt from civil liability for any act or omission that 631whichoccurs while acting in the member’s official capacity. The 632 departmentof Legal Affairsshall defend a member in any action 633 against the member or the board which arises from any such act 634 or omission. The Attorney General may establish as many regions 635 of the board as necessary to carry out the provisions of this 636 chapter. 637 (2) The boards shall hear cases in various locations 638 throughout the state so any consumer whose dispute is approved 639 for arbitration by the departmentdivisionmay attend an 640 arbitration hearing at a reasonably convenient location and 641 present a dispute orally. Hearings shall be conducted by panels 642 of three board members assigned by the department. A majority 643 vote of the three-member board panel shall be required to render 644 a decision. Arbitration proceedings under this section shall be 645 open to the public on reasonable and nondiscriminatory terms. 646 (3) Each region of the board shall consist of up to eight 647 members. The members of the board shall construe and apply the 648 provisions of this chapter, and rules adopted thereunder, in 649 making their decisions. An administrator and a secretary shall 650 be assigned to each board by the departmentof Legal Affairs. At 651 least one member of each board must be a person with expertise 652 in motor vehicle mechanics. A member must not be employed by a 653 manufacturer or a franchised motor vehicle dealer or be a staff 654 member, a decisionmaker, or a consultant for a procedure. Board 655 members shall be trained in the application of this chapter and 656 any rules adopted under this chapter, shall be reimbursed for 657 travel expenses pursuant to s. 112.061, and shall be compensated 658 at a rate or wage prescribed by the Attorney General. 659 (4) Before filing a civil action on a matter subject to s. 660 681.104, the consumer must first submit the dispute to the 661 departmentdivision, and to the board if such dispute is deemed 662 eligible for arbitration. 663 (5) Manufacturers shall submit to arbitration conducted by 664 the board if such arbitration is requested by a consumer and the 665 dispute is deemed eligible for arbitration by the department 666divisionpursuant to s. 681.109. 667 (6) The board shall hear the dispute within 40 days and 668 render a decision within 60 days after the date the request for 669 arbitration is approved. The board may continue the hearing on 670 its own motion or upon the request of a party for good cause 671 shown. A request for continuance by the consumer constitutes 672 waiver of the time periods set forth in this subsection. The 673 departmentof Legal Affairs, at the board’s request, may 674 investigate disputes, and may issue subpoenas for the attendance 675 of witnesses and for the production of records, documents, and 676 other evidence before the board. The failure of the board to 677 hear a dispute or render a decision within the prescribed 678 periods does not invalidate the decision. 679 (11) All provisions in this section and s. 681.109 680 pertaining to compulsory arbitration before the board, the 681 dispute eligibility screening by the departmentdivision, the 682 proceedings and decisions of the board, and any appeals thereof, 683 are exempt from the provisions of chapter 120. 684 Section 22. Subsections (2) and (4) of section 681.1096, 685 Florida Statutes, are amended to read: 686 681.1096 RV Mediation and Arbitration Program; creation and 687 qualifications.— 688 (2) Each manufacturer of a recreational vehicle involved in 689 a dispute that is determined eligible under this chapter, 690 including chassis and component manufacturers which separately 691 warrant the chassis and components and which otherwise meet the 692 definition of manufacturer set forth in s. 681.102(13) 693681.102(14), shall participate in a mediation and arbitration 694 program that is deemed qualified by the department. 695 (4) The department shall monitor the program for compliance 696 with this chapter. If the program is determined not qualified or 697 if qualification is revoked, then disputes shall be subject to 698 the provisions of ss. 681.109 and 681.1095. If the program is 699 determined not qualified or if qualification is revoked as to a 700 manufacturer, all those manufacturers potentially involved in 701 the eligible consumer dispute shall be required to submit to 702 arbitration conducted by the board if such arbitration is 703 requested by a consumer and the dispute is deemed eligible for 704 arbitration by the departmentdivisionpursuant to s. 681.109. A 705 consumer having a dispute involving one or more manufacturers 706 for which the program has been determined not qualified, or for 707 which qualification has been revoked, is not required to submit 708 the dispute to the program irrespective of whether the program 709 may be qualified as to some of the manufacturers potentially 710 involved in the dispute. 711 Section 23. Section 681.110, Florida Statutes, is amended 712 to read: 713 681.110 Compliance and disciplinary actions.—The department 714of Legal Affairsmay enforce and ensure compliance with the 715 provisions of this chapter and rules adopted thereunder, may 716 issue subpoenas requiring the attendance of witnesses and 717 production of evidence, and may seek relief in the circuit court 718 to compel compliance with such subpoenas. The departmentof719Legal Affairsmay impose a civil penalty against a manufacturer 720 not to exceed $1,000 for each count or separate offense. The 721 proceeds from the fine imposed herein shall be placed in the 722 Motor Vehicle Warranty Trust Fund in the departmentDepartment723of Legal Affairsfor implementation and enforcement of this 724 chapter. 725 Section 24. Subsection (2) of section 681.112, Florida 726 Statutes, is amended to read: 727 681.112 Consumer remedies.— 728 (2) An action brought under this chapter must be commenced 729 within 1 year after the expiration of the Lemon Law rights 730 period, or, if a consumer resorts to an informal dispute 731 settlement procedure or submits a dispute to the department 732divisionor board, within 1 year after the final action of the 733 procedure, departmentdivision, or board. 734 Section 25. Subsection (2) of section 681.114, Florida 735 Statutes, is amended to read: 736 681.114 Resale of returned vehicles.— 737 (2) A person shall not knowingly lease, sell at wholesale 738 or retail, or transfer a title to a motor vehicle returned by 739 reason of a settlement, determination, or decision pursuant to 740 this chapter or similar statute of another state unless the 741 nature of the nonconformity is clearly and conspicuously 742 disclosed to the prospective transferee, lessee, or buyer, and 743 the manufacturer warrants to correct such nonconformity for a 744 term of 1 year or 12,000 miles, whichever occurs first. The 745 departmentof Legal Affairsshall prescribe by rule the form, 746 content, and procedure pertaining to such disclosure statement. 747 Section 26. Subsection (1) of section 681.117, Florida 748 Statutes, is amended to read: 749 681.117 Fee.— 750 (1) A $2 fee shall be collected by a motor vehicle dealer, 751 or by a person engaged in the business of leasing motor 752 vehicles, from the consumer at the consummation of the sale of a 753 motor vehicle or at the time of entry into a lease agreement for 754 a motor vehicle. Such fees shall be remitted to the county tax 755 collector or private tag agency acting as agent for the 756 Department of Revenue. If the purchaser or lessee removes the 757 motor vehicle from the state for titling and registration 758 outside this state, the fee shall be remitted to the Department 759 of Revenue. All fees, less the cost of administration, shall be 760 transferred monthly to the departmentof Legal Affairsfor 761 deposit into the Motor Vehicle Warranty Trust Fund.The762Department of Legal Affairs shall distribute monthly an amount763not exceeding one-fourth of the fees received to the Division of764Consumer Services of the Department of Agriculture and Consumer765Services to carry out the provisions of ss.681.108and681.109.766The Department of Legal Affairs shall contract with the Division767of Consumer Services for payment of services performed by the768division pursuant to ss.681.108and681.109.769 Section 27. Section 681.118, Florida Statutes, is amended 770 to read: 771 681.118 Rulemaking authority.—The departmentof Legal772Affairsshall adopt rules pursuant to ss. 120.536(1) and 120.54 773 to implement the provisions of this chapter. 774 Section 28. This act shall take effect upon becoming a law.