Florida Senate - 2013                                    SB 1464
       
       
       
       By Senator Lee
       
       
       
       
       24-01365A-13                                          20131464__
    1                        A bill to be entitled                      
    2         An act relating to the Office of the Attorney General;
    3         amending s. 16.53, F.S.; revising the Legal Affairs
    4         Revolving Trust Fund with regard to which funds are
    5         required to be transferred to the General Revenue Fund
    6         unallocated; amending s. 409.9203, F.S.; providing
    7         that rewards for reporting Medicaid fraud shall be
    8         paid from the Operating Trust Fund; amending ss.
    9         501.203 and 501.204, F.S.; revising obsolete dates;
   10         amending s. 681.102, F.S.; revising definitions;
   11         amending s. 681.104, F.S.; revising notice
   12         requirements; amending s. 681.108, F.S.; revising
   13         duties of the Department of Legal Affairs relating to
   14         manufacturer certification of dispute-settlement
   15         procedures; providing notice requirements for certain
   16         manufacturers seeking recertification of a procedure
   17         or ceasing operation of a certified procedure;
   18         amending s. 681.109, F.S.; revising notice
   19         requirements relating to the rejection of a dispute by
   20         the department; amending s. 760.34, F.S.; authorizing,
   21         rather than requiring, the office to bring an action
   22         for complaints involving discriminatory housing
   23         practices; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (7) of section 16.53, Florida
   28  Statutes, is amended to read:
   29         16.53 Legal Affairs Revolving Trust Fund.—
   30         (7) Any moneys remaining in the fund at the end of any
   31  fiscal year in excess of 3 times the amount of the combined
   32  budgets for the antitrust and racketeering sections of the
   33  Attorney General’s office supported by the fund for the
   34  forthcoming fiscal year shall be transferred to the General
   35  Revenue Fund unallocated.
   36         Section 2. Subsection (3) of section 409.9203, Florida
   37  Statutes, is amended to read:
   38         409.9203 Rewards for reporting Medicaid fraud.—
   39         (3) The reward shall be paid from the Operating Legal
   40  Affairs Revolving Trust Fund from moneys collected pursuant to
   41  s. 68.085.
   42         Section 3. Subsection (3) of section 501.203, Florida
   43  Statutes, is amended to read:
   44         501.203 Definitions.—As used in this chapter, unless the
   45  context otherwise requires, the term:
   46         (3) “Violation of this part” means any violation of this
   47  act or the rules adopted under this act and may be based upon
   48  any of the following as of July 1, 2013 2006:
   49         (a) Any rules promulgated pursuant to the Federal Trade
   50  Commission Act, 15 U.S.C. ss. 41 et seq.;
   51         (b) The standards of unfairness and deception set forth and
   52  interpreted by the Federal Trade Commission or the federal
   53  courts;
   54         (c) Any law, statute, rule, regulation, or ordinance which
   55  proscribes unfair methods of competition, or unfair, deceptive,
   56  or unconscionable acts or practices.
   57         Section 4. Subsection (2) of section 501.204, Florida
   58  Statutes, is amended to read:
   59         501.204 Unlawful acts and practices.—
   60         (2) It is the intent of the Legislature that, in construing
   61  subsection (1), due consideration and great weight shall be
   62  given to the interpretations of the Federal Trade Commission and
   63  the federal courts relating to s. 5(a)(1) of the Federal Trade
   64  Commission Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2013 2006.
   65         Section 5. Subsections (14) and (19) of section 681.102,
   66  Florida Statutes, are amended to read:
   67         681.102 Definitions.—As used in this chapter, the term:
   68         (14) “Motor vehicle” means a new vehicle, propelled by
   69  power other than muscular power, which is sold or registered in
   70  this state to transport persons or property, and includes a
   71  recreational vehicle or a vehicle used as a demonstrator or
   72  leased vehicle if a manufacturer’s warranty was issued as a
   73  condition of sale, or the lessee is responsible for repairs, but
   74  does not include vehicles run only upon tracks, off-road
   75  vehicles, trucks over 10,000 pounds gross vehicle weight,
   76  motorcycles, mopeds, or the living facilities of recreational
   77  vehicles. “Living facilities of recreational vehicles” are those
   78  portions designed, used, or maintained primarily as living
   79  quarters and include, but are not limited to, the flooring,
   80  plumbing system and fixtures, roof air conditioner, furnace,
   81  generator, electrical systems other than automotive circuits,
   82  the side entrance door, exterior compartments, and windows other
   83  than the windshield and driver and front passenger windows.
   84         (19) “Reasonable offset for use” means the number of miles
   85  attributable to a consumer up to the date of a settlement
   86  agreement or arbitration hearing, whichever occurs first,
   87  multiplied by the base selling or sale purchase price of the
   88  vehicle as reflected on the purchase invoice, exclusive of
   89  taxes, government fees, and dealer fees, or in the case of a
   90  lease, the agreed upon value as reflected in the lease agreement
   91  and divided by 120,000, except in the case of a recreational
   92  vehicle, in which event it shall be divided by 60,000.
   93         Section 6. Subsection (1) of section 681.104, Florida
   94  Statutes, is amended to read:
   95         681.104 Nonconformity of motor vehicles.—
   96         (1)(a) After three attempts have been made to repair the
   97  same nonconformity, the consumer shall give written
   98  notification, by registered or express mail to the manufacturer,
   99  by any method providing a delivery confirmation, of the need to
  100  repair the nonconformity to allow the manufacturer a final
  101  attempt to cure the nonconformity. The manufacturer shall have
  102  10 days, commencing upon receipt of such notification, to
  103  respond and give the consumer the opportunity to have the motor
  104  vehicle repaired at a reasonably accessible repair facility
  105  within a reasonable time after the consumer’s receipt of the
  106  response. The manufacturer shall have 10 days, except in the
  107  case of a recreational vehicle, in which event the manufacturer
  108  shall have 45 days, commencing upon the delivery of the motor
  109  vehicle to the designated repair facility by the consumer, to
  110  conform the motor vehicle to the warranty. If the manufacturer
  111  fails to respond to the consumer and give the consumer the
  112  opportunity to have the motor vehicle repaired at a reasonably
  113  accessible repair facility or perform the repairs within the
  114  time periods prescribed in this subsection, the requirement that
  115  the manufacturer be given a final attempt to cure the
  116  nonconformity does not apply.
  117         (b) If the motor vehicle is out of service by reason of
  118  repair of one or more nonconformities by the manufacturer or its
  119  authorized service agent for a cumulative total of 15 or more
  120  days, exclusive of downtime for routine maintenance prescribed
  121  by the owner’s manual, the consumer shall so notify the
  122  manufacturer in writing by any method providing a delivery
  123  confirmation registered or express mail to give the manufacturer
  124  or its authorized service agent an opportunity to inspect or
  125  repair the vehicle.
  126         Section 7. Section 681.108, Florida Statutes, is amended to
  127  read:
  128         681.108 Dispute-settlement procedures.—
  129         (1) If a manufacturer has established a procedure that the
  130  department has certified as substantially complying with the
  131  provisions of 16 C.F.R. part 703, in effect October 1, 1983, as
  132  amended, and with the provisions of this chapter and the rules
  133  adopted under this chapter, and has informed the consumer how
  134  and where to file a claim with such procedure pursuant to s.
  135  681.103(3), the provisions of s. 681.104(2) apply to the
  136  consumer only if the consumer has first resorted to such
  137  procedure. The decisionmakers for a certified procedure shall,
  138  in rendering decisions, take into account all legal and
  139  equitable factors germane to a fair and just decision,
  140  including, but not limited to, the warranty; the rights and
  141  remedies conferred under 16 C.F.R. part 703, in effect October
  142  1, 1983, as amended; the provisions of this chapter; and any
  143  other equitable considerations appropriate under the
  144  circumstances. Decisionmakers and staff for a procedure shall be
  145  trained in the provisions of this chapter and in 16 C.F.R. part
  146  703, in effect October 1, 1983, as amended. In an action brought
  147  by a consumer concerning an alleged nonconformity, the decision
  148  that results from a certified procedure is admissible in
  149  evidence.
  150         (2) A manufacturer may apply to the department for
  151  certification of its procedure. After receipt and evaluation of
  152  the application, the department shall:
  153         (a)certify the procedure or Notify the manufacturer of any
  154  deficiencies in the application or the procedure;
  155         (b) Certify the procedure as substantially complying with
  156  the provisions of 16 C.F.R. part 703, in effect October 1, 1983,
  157  as amended, and with the provisions of this chapter and rules
  158  adopted under this chapter, for a period not to exceed 1 year;
  159  or
  160         (c) Deny certification of the procedure and state the
  161  reason for such denial.
  162         (3) A certified procedure or a procedure of an applicant
  163  seeking certification shall submit to the department a copy of
  164  each settlement approved by the procedure or decision made by a
  165  decisionmaker within 30 days after the settlement is reached or
  166  the decision is rendered. The decision or settlement must
  167  contain at a minimum the:
  168         (a) Name and address of the consumer;
  169         (b) Name of the manufacturer and address of the dealership
  170  from which the motor vehicle was purchased;
  171         (c) Date the claim was received and the location of the
  172  procedure office that handled the claim;
  173         (d) Relief requested by the consumer;
  174         (e) Name of each decisionmaker rendering the decision or
  175  person approving the settlement;
  176         (f) Statement of the terms of the settlement or decision;
  177         (g) Date of the settlement or decision; and
  178         (h) Statement of whether the decision was accepted or
  179  rejected by the consumer.
  180         (4) Any manufacturer establishing or applying to establish
  181  a certified procedure must file with the department a copy of
  182  the annual audit required under the provisions of 16 C.F.R. part
  183  703, in effect October 1, 1983, as amended, together with any
  184  additional information required for purposes of certification,
  185  including the number of refunds and replacements made in this
  186  state pursuant to the provisions of this chapter by the
  187  manufacturer during the period audited.
  188         (5) The department shall review each certified procedure at
  189  least annually to determine if the procedure should be
  190  recertified. A manufacturer seeking recertification of its
  191  procedure shall notify the department in writing at least 60
  192  days before the end of the 1-year certification period. Upon
  193  review, the department shall:, prepare an annual report
  194  evaluating the operation of certified procedures established by
  195  motor vehicle manufacturers and procedures of applicants seeking
  196  certification, and, for a period not to exceed 1 year, shall
  197  grant certification to, or
  198         (a) Renew certification of the procedure for a period not
  199  to exceed 1 year if the procedure is found to, those
  200  manufacturers whose procedures substantially comply with the
  201  provisions of 16 C.F.R. part 703, in effect October 1, 1983, as
  202  amended, and with the provisions of this chapter and rules
  203  adopted under this chapter;
  204         (b) Notify the manufacturer of any deficiencies in the
  205  procedure; or
  206         (c) Decline to renew certification of the procedure. If
  207  certification is declined revoked or denied, the department
  208  shall state the reasons for such action. The reports and records
  209  of actions taken with respect to certification shall be public
  210  records.
  211         (6) If a manufacturer ceases operation of a certified
  212  procedure, the manufacturer shall notify the department
  213  immediately in writing, and upon receipt of such notification,
  214  the department shall revoke certification for that procedure,
  215  effective the date the certified procedure ceased.
  216         (7)(6) A manufacturer whose certification is declined
  217  denied or revoked is entitled to a hearing pursuant to chapter
  218  120.
  219         (8)(7) If federal preemption of state authority to regulate
  220  procedures occurs, the provisions of subsection (1) concerning
  221  prior resort do not apply.
  222         (9)(8) The department may adopt rules to administer this
  223  section.
  224         Section 8. Subsection (6) of section 681.109, Florida
  225  Statutes, is amended to read:
  226         681.109 Florida New Motor Vehicle Arbitration Board;
  227  dispute eligibility.—
  228         (6) The department may reject a dispute that it determines
  229  to be fraudulent or outside the scope of the board’s authority.
  230  Any dispute deemed by the department to be ineligible for
  231  arbitration by the board due to insufficient evidence may be
  232  reconsidered upon the submission of new information regarding
  233  the dispute. The department after a second review, may reject a
  234  dispute if the evidence is clearly insufficient to qualify for
  235  relief. If the department rejects a dispute, it must provide
  236  notice of the rejection and a brief explanation of the reason
  237  for rejection to the consumer and to the manufacturer If a
  238  dispute is rejected by the department, the department shall send
  239  by registered mail to the consumer and the manufacturer a brief
  240  explanation as to the reason for rejection.
  241         Section 9. Subsection (4) of section 760.34, Florida
  242  Statutes, is amended to read:
  243         760.34 Enforcement.—
  244         (4) If, within 180 days after a complaint is filed with the
  245  commission or within 180 days after expiration of any period of
  246  reference under subsection (3), the commission has been unable
  247  to obtain voluntary compliance with ss. 760.20-760.37, the
  248  person aggrieved may commence a civil action in any appropriate
  249  court against the respondent named in the complaint or petition
  250  for an administrative determination pursuant to s. 760.35 to
  251  enforce the rights granted or protected by ss. 760.20-760.37.
  252  If, as a result of its investigation under subsection (1), the
  253  commission finds there is reasonable cause to believe that a
  254  discriminatory housing practice has occurred, at the request of
  255  the person aggrieved, the Attorney General may shall bring an
  256  action in the name of the state on behalf of the aggrieved
  257  person to enforce the provisions of ss. 760.20-760.37.
  258         Section 10. This act shall take effect July 1, 2013.