Florida Senate - 2016 SB 148
By Senator Ring
29-00060-16 2016148__
1 A bill to be entitled
2 An act relating to consumer protection; providing a
3 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 time for
6 goods costing more than a specified amount if returned
7 by a consumer who has been adjudicated incapacitated,
8 is subject to a certain type of guardianship, or has a
9 certain medical condition, if specified requirements
10 are satisfied; providing penalties for a violation of
11 the requirements; making technical changes; amending
12 s. 501.95, F.S.; conforming a cross-reference;
13 providing an effective date.
14
15 WHEREAS, the Legislature finds that persons who are
16 incapacitated, are subject to certain types of guardianships, or
17 have been diagnosed with a medical condition causing a lack of
18 capacity to make reasonable decisions need additional
19 protections in consumer transactions involving costly purchases,
20 and
21 WHEREAS, it is in the public interest to protect the
22 welfare of this state’s most vulnerable residents and their
23 family members, and
24 WHEREAS, it is the intent of the Legislature to safeguard
25 such residents’ financial interests by providing them with the
26 ability to return certain goods within a reasonable time, NOW,
27 THEREFORE,
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. This act may be cited as “Terry’s Law.”
32 Section 2. Section 501.142, Florida Statutes, is amended to
33 read:
34 501.142 Retail sales establishments; preemption; notice of
35 refund policy requirements; exceptions; penalty.—
36 (1) The regulation of refunds is preempted to the
37 Department of Agriculture and Consumer Services notwithstanding
38 any other law or local ordinance to the contrary, provided that
39 a local government may enforce this section as specified in
40 subsection (8).
41 (2) Notwithstanding the Uniform Commercial Code, each every
42 retail sales establishment offering goods for sale to the
43 general public shall grant a cash refund or credit refund to a
44 consumer for goods returned within 3 business days after the
45 date of purchase if all of the following conditions are met:
46 (a) The purchase exceeds $1,000, excluding tax.
47 (b) The goods are unused and in the original carton, if a
48 carton was furnished.
49 (c) The consumer, or a representative of the consumer,
50 provides the retailer with proof of purchase and documentation
51 establishing that:
52 1. The consumer has been adjudicated incapacitated pursuant
53 to chapter 744 or under similar law in another state;
54 2. The consumer is subject to a guardianship pursuant to
55 chapter 744 or similar law in another state, and the guardian
56 has the authority to determine the consumer’s right to manage
57 property; or
58 3. A power of attorney or a durable power of attorney
59 pursuant to chapter 709 or similar law in another state is
60 currently exercisable by the consumer’s agent, and the consumer
61 has been diagnosed with a medical condition that causes him or
62 her to lack sufficient understanding or capacity to make or
63 communicate reasonable decisions concerning his or her person or
64 property, which is evidenced by a written statement signed by a
65 physician licensed pursuant to chapter 458 or chapter 459 or
66 licensed to practice medicine under the laws of another state.
67 (3)(a) Except as provided in subsection (2), a retail sales
68 establishment offering goods for sale to the general public may
69 refuse to offer a that offers no cash refund, credit refund, or
70 exchange for the purchase if the retailer posts of merchandise
71 must post a sign at the point of sale so stating that refunds or
72 exchanges are not allowed at the point of sale. Failure of a
73 retail sales establishment to exhibit a “no refund or exchange”
74 sign at the point of sale under such circumstances means at the
75 point of sale shall mean that a refund or exchange policy
76 exists, and the policy must shall be presented in writing to the
77 consumer upon request.
78 (b) A Any retail sales establishment that violates this
79 subsection failing to comply with the provisions of this section
80 shall grant to the consumer, upon request and proof of purchase,
81 a refund for the purchase on the merchandise, within 7 business
82 days after of the date of purchase if, provided the goods are
83 merchandise is unused and in the original carton, if one was
84 furnished. This section does not Nothing herein shall prohibit a
85 retail sales establishment from having a refund policy that
86 which exceeds 7 business the number of days and specified
87 herein. However, this subsection does not prohibit a local
88 government from enforcing the provisions established by this
89 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, 2016.