SENATE AMENDMENT
    Bill No. CS for SB 1922
    Amendment No. ___   Barcode 861714
                            CHAMBER ACTION
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11  Senator Geller moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 43, between lines 26 and 27,
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16  insert:  
17         Section 46.  Subsection (8) of section 400.925, Florida
18  Statutes, is amended to read:
19         400.925  Definitions.--As used in this part, the term:
20         (8)  "Home medical equipment" includes any product as
21  defined by the Federal Drug Administration's Drugs, Devices
22  and Cosmetics Act, any products reimbursed under the Medicare
23  Part B Durable Medical Equipment benefits, or any products
24  reimbursed under the Florida Medicaid durable medical
25  equipment program. Home medical equipment includes, but is not
26  limited to, oxygen and related respiratory equipment. Home
27  medical equipment includes customized wheelchairs and related
28  seating and positioning, but does not include prosthetics or
29  orthotics or any splints, braces, or aids custom fabricated by
30  a licensed health care practitioner. Home medical equipment
31  includes assistive technology devices, including: manual
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    4:46 PM   04/27/01                               s1922.ag29.nm

SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 wheelchairs, motorized wheelchairs, motorized scooters, 2 voice-synthesized computer modules, optical scanners, talking 3 software, braille printers, environmental control devices for 4 use by person with quadriplegia, motor vehicle adaptive 5 transportation aids, devices that enable persons with severe 6 speech disabilities to in effect speak, personal transfer 7 systems and specialty beds, including a demonstrator, for use 8 by a person with a medical need. 9 Section 47. Paragraph (a) of subsection (5) of section 10 400.93, Florida Statutes, is amended to read: 11 400.93 Home medical equipment providers to be 12 licensed; expiration of license; exemptions; unlawful acts; 13 penalties.-- 14 (5) The following are exempt from home medical 15 equipment provider licensure, unless they have a separate 16 company, corporation, or division that is in the business of 17 providing home medical equipment and services for sale or rent 18 to consumers at their regular or temporary place of residence 19 pursuant to the provisions of this part: 20 (a) Providers operated by the Department of Health or 21 Federal Government. 22 Section 48. Section 427.802, Florida Statutes, is 23 amended to read: 24 427.802 Definitions.--As used in this part: 25 (1) "Assistive technology devices" means manual 26 wheelchairs, motorized wheelchairs, motorized scooters, 27 voice-synthesized computer modules, optical scanners, talking 28 software, braille printers, environmental control devices for 29 use by a person with quadriplegia, motor vehicle adaptive 30 transportation aids, devices that enable persons with severe 31 speech disabilities to in effect speak, personal transfer 2 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 systems, and specialty beds, including a demonstrator, that a 2 consumer purchases or accepts transfer of in this state for 3 use by a person with a disability. 4 (2) "Assistive Technology Device Warranty Act rights 5 period" means the period ending 1 year after first delivery of 6 the assistive technology device to the consumer or the 7 manufacturer's express written warranty, whichever is longer. 8 (2)(3) "Person with a disability" means any person who 9 has one or more permanent physical or mental limitations that 10 restrict his or her ability to perform the normal activities 11 of daily living and impede his or her capacity to live 12 independently. 13 (3)(4) "Assistive technology device dealer" means a 14 person who is business entity that is primarily engaged in the 15 business of selling or leasing of assistive technology 16 devices. As used in this subsection, the term "primarily" 17 means no less than 30 percent of the business entity's gross 18 sales in the previous fiscal year. 19 (4)(5) "Assistive technology device lessor" means a 20 person who leases an assistive technology device to a 21 consumer, or holds the lessor's rights, under a written lease. 22 (5)(6) "Collateral costs" means expenses incurred by a 23 consumer in connection with the repair of a nonconformity, 24 including the costs of obtaining an alternative assistive 25 technology device. 26 (6)(7) "Consumer" means any of the following: 27 (a) The purchaser of an assistive technology device, 28 if the assistive technology device was purchased from an 29 assistive technology device dealer or manufacturer for 30 purposes other than resale. 31 (b) A person to whom the assistive technology device 3 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 is transferred for purposes other than resale, if the transfer 2 occurs before the expiration of an express warranty applicable 3 to the assistive technology device. 4 (c) A person who may enforce the warranty. 5 (d) A person who leases an assistive technology device 6 from an assistive technology device lessor under a written 7 lease. 8 (7)(8) "Demonstrator" means an assistive technology 9 device used primarily for the purpose of demonstration to the 10 public. 11 (9) "Department" means the Department of Agriculture 12 and Consumer Services. 13 (8)(10) "Early termination cost" means any expense or 14 obligation that an assistive technology device lessor incurs 15 as a result of both the termination of a written lease before 16 the termination date set forth in that lease and the return of 17 an assistive technology device to a manufacturer pursuant to 18 this section. The term includes a penalty for prepayment 19 under a financial arrangement. 20 (9)(11) "Early termination saving" means any expense 21 or obligation that an assistive technology device lessor 22 avoids as a result of both the termination of a written lease 23 before the termination date set forth in the lease and the 24 return of an assistive technology device to a manufacturer 25 pursuant to this section. The term includes an interest 26 charge that the assistive technology device lessor would have 27 paid to finance the assistive technology device or, if the 28 assistive technology device lessor does not finance the 29 assistive technology device, the difference between the total 30 amount for which the lease obligates the consumer during the 31 period of the lease term remaining after the early termination 4 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 and the present value of that amount at the date of the early 2 termination. 3 (10)(12) "Manufacturer" means a business entity that 4 manufactures or produces assistive technology devices for sale 5 and agents of that business entity, including an importer, a 6 distributor, a factory branch, a distributor branch, and any 7 warrantors of the manufacturer's assistive technology device, 8 but not including an assistive technology device dealer. 9 (11)(13) "Nonconformity" means a condition or defect 10 of an assistive technology device which substantially impairs 11 the use, value, or safety of the device and which is covered 12 by an express warranty applicable to the assistive technology 13 device, but does not include a condition or defect that is the 14 result of abuse, neglect, excessive wear, or unauthorized 15 modification or alteration of the assistive technology device 16 by a consumer. 17 (12)(14) "Reasonable attempt to repair" means, within 18 the terms of an express warranty applicable to a new assistive 19 technology device: 20 (a) A maximum of three efforts by the manufacturer, 21 the assistive technology device lessor, or any of the 22 manufacturer's authorized assistive technology device dealers 23 to repair a nonconformity that is subject to repair under the 24 warranty; or 25 (b) The passage of at least 30 cumulative days during 26 which the assistive technology device is out of service 27 because of a nonconformity that is covered by the warranty. 28 Section 49. Section 427.803, Florida Statutes, is 29 amended to read: 30 427.803 Express Duty of manufacturer and an assistive 31 technology device dealer to conform an assistive technology 5 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 device to the warranty.-- 2 (1) A manufacturer who sells a new assistive 3 technology device to a consumer, either directly or through an 4 assistive technology device dealer, shall furnish the consumer 5 with an express warranty for the assistive technology device. 6 The duration of the express warranty must be at least 1 year 7 after first delivery of the assistive technology device to the 8 consumer. In the absence of an express warranty from the 9 manufacturer, the manufacturer is considered to have expressly 10 warranted to the consumer of an assistive technology device 11 that, for a period of 1 year after the date of first delivery 12 to the consumer, the assistive technology device will be free 13 from any condition or defect that substantially impairs the 14 value of the assistive technology device to the consumer. 15 (2) If an assistive technology device does not conform 16 to the warranty and the consumer first reports the problem to 17 the manufacturer during the Assistive Technology Device 18 Warranty Act rights period, the manufacturer shall make such 19 repairs as are necessary to conform the device to the 20 warranty, irrespective of whether such repairs are made after 21 the expiration of the Assistive Technology Device Warranty Act 22 rights period. Such repairs shall be at no cost to the 23 consumer if reported to the manufacturer or assistive 24 technology device dealer during the Assistive Technology 25 Device Warranty Act rights period. Nothing in this subsection 26 shall be construed to grant an extension of the Assistive 27 Technology Device Warranty Act rights period or to expand the 28 time within which a consumer must file a complaint under this 29 chapter. 30 (3) Each manufacturer or assistive technology device 31 dealer shall provide to its consumers conspicuous notice of 6 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 the address and phone number for its zone, district, or 2 regional office for this state in the written warranty or 3 owner's manual. Within 10 days after the department's written 4 request, a manufacturer shall forward to the department a copy 5 of the owner's manual and any written warranty for each make 6 and model of assistive technology device that it sells in this 7 state. 8 (4) The manufacturer shall provide to the assistive 9 technology device dealer and, at the time of acquisition, the 10 assistive technology device dealer shall provide to the 11 consumer a written statement that explains the consumer's 12 rights under this chapter. The written statement shall be 13 prepared by the department and shall contain a toll-free 14 number for the department that the consumer can contact to 15 obtain information regarding the consumer's rights and 16 obligations under this chapter or to commence arbitration. The 17 consumer's signed acknowledgment of receipt of materials 18 required under this subsection shall constitute prima facie 19 evidence of compliance by the manufacturer and assistive 20 technology device dealer. The form of the acknowledgments 21 shall be approved by the department, and the assistive 22 technology device dealer shall maintain the consumer's signed 23 acknowledgment for 3 years. 24 (5) A manufacturer or an assistive technology device 25 dealer shall provide to the consumer, each time the consumer's 26 assistive technology device is returned after being examined 27 or repaired under the warranty, a fully itemized, legible 28 statement of any diagnosis made and all work performed on the 29 assistive technology device, including, but not limited to, a 30 general description of the problem reported by the consumer or 31 an identification of the defect or condition, parts and labor, 7 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 the date on which the assistive technology device was 2 submitted for examination or repair, and the date when the 3 repair or examination was completed. 4 Section 50. Section 427.804, Florida Statutes, is 5 amended to read: 6 427.804 Repair of nonconforming assistive technology 7 devices; refund or replacement of devices after attempt to 8 repair; sale or lease of returned device; arbitration; 9 investigation; limitation of rights.-- 10 (1) If a new assistive technology device does not 11 conform to an applicable express warranty and the consumer 12 reports the nonconformity to the manufacturer, the assistive 13 technology device lessor, or any of the manufacturer's 14 authorized assistive technology device dealers and makes the 15 assistive technology device available for repair within 1 year 16 after first delivery or return of the assistive technology 17 device to the consumer, the nonconformity must be repaired at 18 no charge to the consumer. 19 (2) If, after a reasonable attempt to repair, the 20 nonconformity is not repaired, the manufacturer, at the 21 direction of a consumer as defined in s. 427.802(6)(7)(a)-(c), 22 must do one of the following: 23 (a) Accept return of the assistive technology device 24 and replace the assistive technology device with a comparable 25 new assistive technology device and refund any collateral 26 costs. 27 (b) Accept return of the assistive technology device 28 and refund to the consumer and to any holder of a perfected 29 security interest in the consumer's assistive technology 30 device, as the interest may appear, the full purchase price 31 plus any finance charge amount paid by the consumer at the 8 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 point of sale, and collateral costs. 2 (c) With respect to a consumer as defined in s. 3 427.802(6)(7)(d), accept return of the assistive technology 4 device, refund to the assistive technology device lessor and 5 to any holder of a perfected security interest in the 6 assistive technology device, as the interest may appear, the 7 current value of the written lease, and refund to the consumer 8 the amount that the consumer paid under the written lease plus 9 any collateral costs. 10 (3) The current value of the written lease equals the 11 total amount for which the lease obligates the consumer during 12 the period of the lease remaining after its early termination 13 plus the assistive technology device dealer's early 14 termination costs and the value of the assistive technology 15 device at the lease expiration date if the lease sets forth 16 the value, less the assistive technology device lessor's early 17 termination savings. 18 (4) To receive a comparable new assistive technology 19 device or a refund due under paragraph (2)(a), a consumer must 20 offer to the manufacturer of the assistive technology device 21 having the nonconformity to transfer possession of the 22 assistive technology device to the manufacturer. No later 23 than 30 days after the offer, the manufacturer shall provide 24 the consumer with the comparable assistive technology device 25 or refund. When the manufacturer provides the comparable 26 assistive technology device or refund, the consumer shall 27 return the assistive technology device having the 28 nonconformity to the manufacturer, along with any endorsements 29 necessary to transfer real possession to the manufacturer. 30 (5) To receive a refund due under paragraph (2)(b), a 31 consumer must offer to return the assistive technology device 9 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 having the nonconformity to its manufacturer. No later than 2 30 days after the offer, the manufacturer shall provide the 3 refund to the consumer who paid for or the provider who billed 4 a third party payor source for the assistive technology 5 device. The provider shall return the manufacturer's refund 6 to the third party payor source, unless the provider was not 7 reimbursed by the third party payor. When the manufacturer 8 provides the refund, the consumer shall return to the 9 manufacturer the assistive technology device having the 10 nonconformity. 11 (6) To receive a refund due under paragraph (2)(c), an 12 assistive technology device lessor must offer to transfer 13 possession of the assistive technology device having the 14 nonconformity to its manufacturer. No later than 30 days 15 after the offer, the manufacturer shall provide the refund to 16 the assistive technology device lessor. When the manufacturer 17 provides the refund, the assistive technology device lessor 18 shall provide to the manufacturer any endorsements necessary 19 to transfer legal possession to the manufacturer. 20 (7) A person may not enforce the lease against the 21 consumer after the consumer receives a refund due under 22 paragraph (2)(c). 23 (8) An assistive technology device that is returned by 24 a consumer or assistive technology device lessor in this 25 state, or by a consumer or assistive technology device lessor 26 in another state under a similar law of that state, may not be 27 sold or leased again in this state, unless full disclosure of 28 the reasons for return is made to any prospective buyer or 29 lessee. 30 (9) Each consumer may submit any dispute arising under 31 this part to the department by completing a complaint form. 10 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 The department may investigate the complaint on behalf of the 2 consumer if reasonable evidence warrants such an action. 3 (10) The department shall process consumer complaints 4 pursuant to s. 570.544. 5 (9)(11) Each consumer may submit any dispute arising 6 under this part to an alternative arbitration mechanism 7 established pursuant to chapter 682. Upon notice by the 8 consumer, all manufacturers must submit to such alternative 9 arbitration. 10 (10)(12) Such alternative arbitration must be 11 conducted by a professional arbitrator or arbitration firm 12 appointed under chapter 682 and any applicable rules. These 13 procedures must provide for the personal objectivity of the 14 arbitrators and for the right of each party to present its 15 case, to be in attendance during any presentation made by the 16 other party, and to rebut or refute such a presentation. 17 (11)(13) This part does not limit rights or remedies 18 available to a consumer under any other law. 19 Section 51. Section 427.8041, Florida Statutes, is 20 repealed. 21 Section 52. Subsection (6) is added to section 22 496.411, Florida Statutes, to read: 23 496.411 Disclosure requirements and duties of 24 charitable organizations and sponsors.-- 25 (6) Each charitable organization or sponsor that is 26 required to register under s. 496.405 shall conspicuously 27 display the following information on every printed 28 solicitation, written confirmation, receipt, or reminder of a 29 contribution: 30 (a) The organization's or sponsor's registration 31 number issued by the department under this chapter. 11 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 (b) The percentage, if any, of each contribution that 2 is retained by any professional solicitor that has contracted 3 with the organization or sponsor. 4 (c) The percentage of each contribution that is 5 received by the organization or sponsor. 6 7 If the solicitation consists of more than a single item, the 8 statement shall be displayed prominently in the solicitation 9 materials. 10 Section 53. Paragraphs (b) and (d) of subsection (1) 11 of section 501.017, Florida Statutes, are amended to read: 12 501.017 Health studios; contracts.-- 13 (1) Every contract for the sale of future health 14 studio services which is paid for in advance or which the 15 buyer agrees to pay for in future installment payments shall 16 be in writing and shall contain, contractual provisions to the 17 contrary notwithstanding, in immediate proximity to the space 18 reserved in the contract for the signature of the buyer, and 19 in 10-point boldfaced type, language substantially equivalent 20 to the following: 21 (b)1. A provision for the cancellation and refund of 22 the contract if the contracting business location of the 23 health studio goes out of business, or moves its facilities 24 more than 5 driving miles from the business location 25 designated in such contract and fails to provide, within 30 26 days, a facility of equal quality located within 5 driving 27 miles of the business location designated in such contract at 28 no additional cost to the buyer. 29 2. A provision that notice of intent to cancel by the 30 buyer shall be given in writing to the health studio. Such a 31 notice of cancellation from the consumer shall also terminate 12 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 automatically the consumer's obligation to any entity to whom 2 the health studio has subrogated or assigned the consumer's 3 contract. If the health studio wishes to enforce such contract 4 after receipt of such showing, it may request the department 5 to determine the sufficiency of the showing. 6 3. A provision that if the department determines that 7 a refund is due the buyer, the refund shall be an amount 8 computed by dividing the contract price by the number of weeks 9 in the contract term and multiplying the result by the number 10 of weeks remaining in the contract term. The business 11 location of a health studio shall not be deemed out of 12 business when temporarily closed for repair and renovation of 13 the premises: 14 a. Upon sale, for not more than 14 consecutive days; 15 or 16 b. During ownership, for not more than 7 consecutive 17 days and not more than two periods of 7 consecutive days in 18 any calendar year. 19 20 A refund shall be issued within 30 days after receipt of the 21 notice of cancellation made pursuant to this paragraph. 22 (d) A provision for the cancellation of the contract 23 if the buyer dies or becomes physically unable to avail 24 himself or herself of a substantial portion of those services 25 which he or she used from the commencement of the contract 26 until the time of disability, with refund of funds paid or 27 accepted in payment of the contract in an amount computed by 28 dividing the contract price by the number of weeks in the 29 contract term and multiplying the result by the number of 30 weeks remaining in the contract term. The contract may 31 require a buyer or the buyer's estate seeking relief under 13 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 this paragraph to provide proof of disability or death. A 2 physical disability sufficient to warrant cancellation of the 3 contract by the buyer shall be established if the buyer 4 furnishes to the health studio a certification of such 5 disability by a physician licensed under chapter 458, chapter 6 459, chapter 460, or chapter 461 to the extent the diagnosis 7 or treatment of the disability is within the physician's scope 8 of practice. A refund shall be issued within 30 days after 9 receipt of the notice of cancellation made pursuant to this 10 paragraph. 11 Section 54. Subsection (2) of section 501.019, Florida 12 Statutes, is amended to read: 13 501.019 Health studios; penalties.-- 14 (2) Any person health studio owner or, in the case of 15 corporate ownership, any officer of the corporation, or any 16 manager of a health studio or health studio's business 17 location, who knowingly makes a false representation to the 18 department with the intent to obtain an exemption of any kind 19 from the requirements of s. 501.016 commits a felony of the 20 third degree, punishable as provided in s. 775.082, s. 21 775.083, or s. 775.084. 22 Section 55. Paragraph (a) of subsection (2), paragraph 23 (b) of subsection (4), and paragraph (c) of subsection (5) of 24 section 539.001, Florida Statutes, are amended, paragraph (n) 25 is added to subsection (12) of that section, and subsection 26 (21) of that section is amended, to read: 27 539.001 The Florida Pawnbroking Act.-- 28 (2) DEFINITIONS.--As used in this section, the term: 29 (a) "Agency" means the Division of Consumer Services 30 of the Department of Agriculture and Consumer Services. 31 (4) ELIGIBILITY FOR LICENSE.-- 14 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 (b) Any applicant claiming to have a net worth of 2 $50,000 or more shall file with the agency department, at the 3 time of applying for a license, the following documentation: 4 1. A current financial statement prepared by a Florida 5 certified public accountant; or 6 2. An affidavit stating the applicant's net worth is 7 at least $50,000, accompanied by supporting documentation; or 8 3. If the applicant is a corporation, a copy of the 9 applicant's most recently filed federal tax return. 10 11 If the agency cannot verify that the applicant meets the net 12 worth requirement for a license, the agency may require a 13 finding, including the presentation of a current balance 14 sheet, by an accounting firm or individual holding a permit to 15 practice public accounting in this state, that the accountant 16 has reviewed the books and records of the applicant and that 17 the applicant meets the net worth requirement. 18 (5) APPLICATION FOR LICENSE.-- 19 (c) Each initial application for a license must be 20 accompanied by a complete set of fingerprints taken by an 21 authorized law enforcement officer, $300 for the first year's 22 license fee, and the actual cost to the agency department for 23 fingerprint analysis for each person subject to the 24 eligibility requirements. The agency shall submit the 25 fingerprints to the Department of Law Enforcement for state 26 processing, and the Department of Law Enforcement shall 27 forward the fingerprints to the Federal Bureau of 28 Investigation for a national criminal history check. These 29 fees and costs are not refundable. 30 (12) PROHIBITED ACTS.--A pawnbroker, or an employee or 31 agent of a pawnbroker, may not: 15 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 (n) Knowingly accept or receive misappropriated 2 property from a conveying customer in a pawn or purchase 3 transaction. 4 (21) RULEMAKING AUTHORITY.--The agency department has 5 authority to adopt rules pursuant to chapter 120 to implement 6 the provisions of this section. 7 Section 56. Paragraph (a) of subsection (1) of section 8 559.801, Florida Statutes, is amended to read: 9 559.801 Definitions.--For the purpose of ss. 10 559.80-559.815, the term: 11 (1)(a) "Business opportunity" means the sale or lease 12 of any products, equipment, supplies, or services which are 13 sold or leased to a purchaser to enable the purchaser to start 14 a business for which the purchaser is required to pay an 15 initial fee or sum of money which exceeds $500 to the seller, 16 and in which the seller represents: 17 1. That the seller or person or entity affiliated with 18 or referred by the seller will provide locations or assist the 19 purchaser in finding locations for the use or operation of 20 vending machines, racks, display cases, currency or card 21 operated equipment, or other similar devices or 22 currency-operated amusement machines or devices on premises 23 neither owned nor leased by the purchaser or seller; 24 2. That the seller will purchase any or all products 25 made, produced, fabricated, grown, bred, or modified by the 26 purchaser using in whole or in part the supplies, services, or 27 chattels sold to the purchaser; 28 3. That the seller guarantees in writing that the 29 purchaser will derive income from the business opportunity 30 which exceeds the price paid or rent charged for the business 31 opportunity or that the seller will refund all or part of the 16 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 price paid or rent charged for the business opportunity, or 2 will repurchase any of the products, equipment, supplies, or 3 chattels supplied by the seller, if the purchaser is 4 unsatisfied with the business opportunity; or 5 4. That the seller will provide a sales program or 6 marketing program that will enable the purchaser to derive 7 income from the business opportunity, except that this 8 paragraph does not apply to the sale of a sales program or 9 marketing program made in conjunction with the licensing of a 10 trademark or service mark that is registered under the laws of 11 any state or of the United States if the seller requires use 12 of the trademark or service mark in the sales agreement. 13 14 For the purpose of subparagraph 1., the term "assist the 15 purchaser in finding locations" means, but is not limited to, 16 supplying the purchaser with names of locator companies, 17 contracting with the purchaser to provide assistance or supply 18 names, or collecting a fee on behalf of or for a locator 19 company. 20 Section 57. Subsection (8) of section 559.803, Florida 21 Statutes, is amended, present subsections (11), (12), and (13) 22 of that section are renumbered as subsections (12), (13), and 23 (14), respectively, and a new subsection (11) is added to that 24 section, to read: 25 559.803 Disclosure statement.--At least 3 working days 26 prior to the time the purchaser signs a business opportunity 27 contract, or at least 3 working days prior to the receipt of 28 any consideration by the seller, whichever occurs first, the 29 seller must provide the prospective purchaser a written 30 document, the cover sheet of which is entitled in at least 31 12-point boldfaced capital letters "DISCLOSURES REQUIRED BY 17 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 FLORIDA LAW." Under this title shall appear the following 2 statement in at least 10-point type: "The State of Florida 3 has not reviewed and does not approve, recommend, endorse, or 4 sponsor any business opportunity. The information contained 5 in this disclosure has not been verified by the state. If you 6 have any questions about this investment, see an attorney 7 before you sign a contract or agreement." Nothing except the 8 title and required statement shall appear on the cover sheet. 9 Immediately following the cover sheet, the seller must provide 10 an index page that briefly lists the contents of the 11 disclosure document as required in this section and any pages 12 on which the prospective purchaser can find each required 13 disclosure. At the top of the index page, the following 14 statement must appear in at least 10-point type: "The State of 15 Florida requires sellers of business opportunities to disclose 16 certain information to prospective purchasers. This index is 17 provided to help you locate this information." If the index 18 contains other information not required by this section, the 19 seller shall place a designation beside each of the 20 disclosures required by this section and provide an 21 explanation of the designation at the end of the statement at 22 the top of the index page. The disclosure document shall 23 contain the following information: 24 (8) If the business opportunity seller is required to 25 secure a bond, guaranteed letter of credit, or certificate of 26 deposit or establish a trust deposit pursuant to s. 559.807, 27 either of the following statements: 28 (a) "As required by Florida law, the seller has 29 secured a bond issued by ...., a surety company authorized to 30 do business in this state. Before signing a contract to 31 purchase this business opportunity, you should confirm the 18 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 bond's status with the surety company."; or 2 (b) "As required by Florida law, the seller has 3 established a trust account or guaranteed letter of credit or 4 certificate of deposit ...(number of account)... with ...(name 5 and address of bank or savings institution).... Before 6 signing a contract to purchase this business opportunity, you 7 should confirm with the bank or savings institution the 8 current status of the trust account or guaranteed letter of 9 credit or certificate of deposit." 10 (11)(a) The total number of persons who purchased the 11 business opportunity being offered by the seller within the 12 past 3 years. 13 (b) The names, addresses, and telephone numbers of the 14 10 persons who previously purchased the business opportunity 15 from the seller and who are geographically closest to the 16 potential purchaser. 17 18 Should any seller of business opportunities prepare a 19 disclosure statement pursuant to 16 C.F.R. ss. 436.1 et seq., 20 a Trade Regulation Rule of the Federal Trade Commission 21 regarding Disclosure Requirements and Prohibitions Concerning 22 Franchising and Business Opportunity Ventures, the seller may 23 file that disclosure statement in lieu of the document 24 required pursuant to this section. Should the seller be 25 required pursuant to 16 C.F.R. to prepare any other documents 26 to be presented to the prospective purchaser, those documents 27 shall also be filed with the department. 28 Section 58. Section 559.807, Florida Statutes, is 29 amended to read: 30 559.807 Bond or other security trust account 31 required.-- 19 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 (1) If the business opportunity seller makes any 2 representations set forth in s. 559.801(1)(a)3., the seller 3 must either have obtained a surety bond issued by a surety 4 company authorized to do business in this state or have 5 established a certificate of deposit trust account or a 6 guaranteed letter of credit with a licensed and insured bank 7 or savings institution located in the state. The amount of 8 the bond, certificate of deposit trust account, or guaranteed 9 letter of credit shall be an amount not less than $50,000. 10 (2) The bond, certificate of deposit, or guaranteed 11 letter of credit trust account shall be in the favor of the 12 department for the use and benefit of. any person who is 13 injured by the fraud, misrepresentation, damaged by any 14 violation of ss. 559.80-559.815, or by the seller's breach of 15 the contract, financial failure, or violation of any provision 16 of this part by the seller. Such liability may be enforced by 17 filing an action at law in a court of competent jurisdiction 18 without precluding enforcement in an administrative action 19 pursuant to chapter 120. However, the bond, certificate of 20 deposit, or guaranteed letter of credit shall be amenable and 21 enforceable only by and through administrative proceedings 22 before the department. A money judgment resulting from an 23 action at law, less any award for costs and attorney's fees, 24 shall be prima facie evidence sufficient to establish the 25 value of the claim in an administrative action. It is the 26 intent of the Legislature that such bond, certificate of 27 deposit, or guaranteed letter of credit shall be applicable 28 and liable only for payment of claims duly adjudicated by 29 order of the department. The bond, certificate of deposit, or 30 guaranteed letter of credit shall be open to successive claims 31 but for the business opportunity sale or of any obligation 20 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 arising therefrom, may bring an action against the bond, trust 2 account, or guaranteed letter of credit to recover damages 3 suffered; however, the aggregate amount may not liability of 4 the surety or trustee shall be only for actual damages and in 5 no event shall exceed the amount of the bond, certificate of 6 deposit trust account, or guaranteed letter of credit. 7 Section 59. Subsection (14) is added to section 8 559.809, Florida Statutes, to read: 9 559.809 Prohibited acts.--Business opportunity sellers 10 shall not: 11 (14) Fail to provide or deliver the products, 12 equipment, supplies, or services as specified in the written 13 contract required under s. 559.811. 14 Section 60. For the purpose of incorporating the 15 amendment to section 559.809, Florida Statutes, in a reference 16 thereto, section 559.815, Florida Statutes, is reenacted to 17 read: 18 559.815 Penalties.--Any person who fails to file with 19 the department as required by s. 559.805 or who commits an act 20 described in s. 559.809 is guilty of a felony of the third 21 degree, punishable as provided in s. 775.082, s. 775.083, or 22 s. 775.084. 23 Section 61. Subsection (5) is added to section 24 559.902, Florida Statutes, to read: 25 559.902 Scope and application.--This act shall apply 26 to all motor vehicle repair shops in Florida, except: 27 (5) Those located in public schools as defined in s. 28 228.041 or charter technical career centers as defined in s. 29 228.505. 30 31 However, such person may voluntarily register under this act. 21 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 Section 62. Subsections (3), (4), (5), (6), and (10) 2 of section 559.904, Florida Statutes, are amended to read: 3 559.904 Motor vehicle repair shop registration; 4 application; exemption.-- 5 (3) Each application for registration must be 6 accompanied by a registration fee set forth as follows: 7 (a) If the place of business only performed "minor 8 repair service": $25. 9 (a)(b) If the place of business has 1 to 5 employees: 10 $50. 11 (b)(c) If the place of business has 6 to 10 employees: 12 $150. 13 (c)(d) If the place of business has 11 or more 14 employees: $300. 15 (4) Each initial and renewal application for 16 registration must be accompanied by copies of the applicant's 17 estimate and invoice forms. Such forms must comply with the 18 applicable provisions of this act before a registration may be 19 issued. 20 (5)(4) No annual registration fee is required for any 21 motor vehicle repair shop which has a local municipal or 22 county license issued pursuant to an ordinance containing 23 standards which the department determines are at least equal 24 to the requirements of this part, or for any motor vehicle 25 dealer licensed pursuant to chapter 320. 26 (6)(5) The department shall issue to each applicant a 27 registration certificate in the form and size as prescribed by 28 the department in accordance with s. 120.60. In the case of 29 an applicant with more than one place of business, the 30 department shall issue a registration certificate for each 31 place of business. The certificate must show at least the name 22 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 and address of the motor vehicle repair shop and the 2 registration number for that place of business. In the case of 3 a mobile motor vehicle repair shop, the certificate must show 4 the home address of the owner, if different from the business 5 address. 6 (6) Any affidavit of exemption proof of filing 7 certificate, issued by the department prior to July 1, 1997, 8 to a motor vehicle repair shop conducting only minor repair 9 services shall be valid until its expiration. 10 (10) The department may deny, revoke, or refuse to 11 renew the registration of a motor vehicle repair shop based 12 upon a determination that the motor vehicle repair shop, or 13 any of its directors, officers, owners, or general partners: 14 (a) Have failed to meet the requirements for 15 registration as provided in this part; 16 (b) Have not satisfied a civil fine, administrative 17 fine, or other penalty arising out of any administrative or 18 enforcement action brought by any governmental agency based 19 upon conduct involving fraud, dishonest dealing, or any 20 violation of this part; 21 (c) Have had against them any civil, criminal, or 22 administrative adjudication in any jurisdiction, based upon 23 conduct involving fraud, dishonest dealing, or any violation 24 of this part; or 25 (d) Have had a judgment entered against them in any 26 action brought by the department or the state attorney 27 pursuant to ss. 501.201-501.213 or this part. 28 Section 63. Paragraph (h) of subsection (1) of section 29 559.905, Florida Statutes, is amended to read: 30 559.905 Written motor vehicle repair estimate and 31 disclosure statement required.-- 23 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 (1) When any customer requests a motor vehicle repair 2 shop to perform repair work on a motor vehicle, the cost of 3 which repair work will exceed $100 to the customer, the shop 4 shall prepare a written repair estimate, which is a form 5 setting forth the estimated cost of repair work, including 6 diagnostic work, before effecting any diagnostic work or 7 repair. The written repair estimate shall also include the 8 following items: 9 (h) The estimated cost of repair which shall include 10 any charge for shop supplies or for hazardous or other waste 11 removal and, if a charge is included, the estimate shall 12 include the following statement: 13 "This charge represents costs and profits to 14 the motor vehicle repair facility for 15 miscellaneous shop supplies or waste disposal." 16 If a charge is mandated by state or federal law, the estimate 17 shall contain a statement identifying the law and the specific 18 amount charged under the law. 19 Section 64. Subsection (1) of section 559.9221, 20 Florida Statutes, is amended to read: 21 559.9221 Motor Vehicle Repair Advisory Council.--The 22 Motor Vehicle Repair Advisory Council is created to advise and 23 assist the department in carrying out this part. 24 (1) The membership of the council may not exceed 11 25 members appointed by the Commissioner of Agriculture. 26 (a) Eight industry members of the council must be 27 chosen from individuals already engaged in the motor vehicle 28 repair business who are eligible to be registered under this 29 part. Such members must become registered by October 1, 1993. 30 Thereafter, The professional members of this council must be 31 licensed under this part. The commissioner shall select one 24 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 industry member from each of the following categories: 2 1. Independent automotive mechanics shops. 3 2. Franchise or company-owned automotive mechanics 4 shops. 5 3. Independent automotive collision shops. 6 4. Franchise or company-owned automotive collision 7 shops. 8 5. Independent tire dealer. 9 6. Franchise or company-owned tire dealer. 10 7. Independent motor vehicle dealer licensed under s. 11 320.27. 12 8. Franchise motor vehicle dealer licensed under s. 13 320.27. 14 (b) One member of the council may must be chosen from 15 persons already engaged solely in motor vehicle minor repair 16 service. 17 (c) Two consumer members of the council must be 18 residents of this state and must not be connected with the 19 motor vehicle repair business. 20 (d) Within 30 days after July 1, 1993, the 21 commissioner shall appoint one consumer member and four 22 industry members for terms of 2 years and one consumer member, 23 one minor repair shop member, and four industry members for 24 terms of 4 years. As terms of the members expire, the 25 commissioner shall appoint successors for terms of 4 years. 26 Members shall serve from the time of their appointment until 27 their successors are appointed. 28 Section 65. Subsection (5) of section 559.903, Florida 29 Statutes, is repealed. 30 Section 66. Subsection (1) of section 413.407, 31 Florida Statutes, is amended to read: 25 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 413.407 Assistive Technology Advisory Council.--There 2 is created the Assistive Technology Advisory Council, 3 responsible for ensuring consumer involvement in the creation, 4 application, and distribution of technology-related assistance 5 to and for persons who have disabilities. The council shall 6 fulfill its responsibilities through statewide policy 7 development, both state and federal legislative initiatives, 8 advocacy at both the state and federal level, planning of 9 statewide resource allocations, policy-level management, 10 reviews of both consumer responsiveness and the adequacy of 11 program service delivery, and by performing the functions 12 listed in this section. 13 (1)(a) The council shall be composed of: 14 1. Nine persons who have disabilities and who are 15 assistive technology consumers or representatives of consumer 16 organizations concerned with assistive technology. 17 2. Up to nine representatives of business and 18 industry, including the insurance industry, concerned with 19 assistive technology. 20 3. Up to nine representatives of academia, community 21 agencies, and state agencies concerned with assistive 22 technology. 23 24 Total membership on the council shall not exceed 27 at any one 25 time. 26 (b) Members of the council shall be appointed by the 27 Commissioner of Education secretary from a list of candidates 28 proposed by the division director. 29 (c) A majority of council members shall be persons who 30 have disabilities as described in s. 706(8)(B) of the act who 31 are also consumers of assistive technology or family members 26 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 of such persons. 2 (d) The members of the council shall select a 3 chairperson and a co-chairperson two co-chairs from among the 4 membership of the council. 5 1. One chairperson co-chair may be selected from the 6 group described in paragraph (c) and one chairperson co-chair 7 shall be selected from the other council members. 8 2. No chairperson co-chair may be an elected member or 9 an employee of a state agency or of any political subdivision 10 of the state. 11 3. The co-chairperson shall administer the council in 12 the absence of the chairperson. 13 4. The co-chairperson shall assume the role of the 14 chairperson after a 1 year term. 15 5. A new co-chairperson shall be selected by the 16 membership of the council. 17 (e)1. Each member of the council shall serve for a 18 term of not more than 3 years, except that: 19 a. A member appointed to fill a vacancy occurring 20 prior to the expiration of the term for which a predecessor 21 was appointed shall be appointed for the remainder of such 22 term. 23 b. The terms of service of the members shall be 24 staggered through initial appointments of 3 years for 25 one-third, 2 years for one-third, and 1 year for one-third. 26 Each eligible group described in paragraph (a) shall reflect 27 this distribution. 28 2. No member of the council may serve more than two 29 consecutive terms; however, any appointment under 30 sub-subparagraph 1.a., if for less than 18 months, shall not 31 be considered a term for the purposes of this section. 27 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 (f) Any vacancy occurring in the membership of the 2 council shall be filled in the same manner as the original 3 appointment. A vacancy does not affect the power of the 4 remaining members to execute the duties of the council. 5 6 (Redesignate subsequent sections.) 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 4, line 21, after the semicolon 12 13 insert: 14 amending s. 400.925, F.S.; revising 15 definitions; amending s. 427.802, F.S.; 16 revising definitions; amending s. 400.93, F.S.; 17 exempting providers of home medical equipment 18 operated by the Department of Health from 19 certain licensure requirements; amending s. 20 427.803, F.S.; revising warranty requirements; 21 amending s. 427.804, F.S.; conforming 22 references; deleting investigation and 23 complaint processing requirements of the 24 Department of Agriculture and Consumer 25 Services; repealing s. 427.8041, F.S., relating 26 to the registration of assistive technology 27 device dealers; amending s. 496.411, F.S.; 28 requiring charitable organizations or sponsors 29 to display certain information on certain 30 solicitation materials; amending s. 501.017, 31 F.S.; requiring certain health studio contract 28 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 refunds to be issued within a time certain; 2 amending s. 501.019, F.S.; expanding 3 application of felony penalties for knowingly 4 making false representations for certain 5 purposes; amending s. 539.001, F.S.; redefining 6 the term "agency"; prohibiting pawnbrokers from 7 knowingly accepting stolen property; correcting 8 terminology; amending s. 559.801, F.S.; 9 revising a definition; amending s. 559.803, 10 F.S.; revising statements that must be placed 11 in disclosure documents; specifying additional 12 information required in certain business 13 opportunity contract disclosure statements; 14 amending s. 559.807, F.S.; revising application 15 of requirements for certain securities relating 16 to selling business opportunities; amending s. 17 559.809, F.S.; specifying an additional 18 prohibited act by business opportunity sellers; 19 reenacting s. 559.815, F.S., relating to 20 penalties for violations of s. 559.809, F.S.; 21 amending s. 559.902, F.S.; providing an 22 additional exception for certain schools to 23 application of certain motor vehicle repair 24 shop provisions; amending s. 559.904, F.S.; 25 revising certain requirements for motor vehicle 26 repair shop registrations; amending s. 559.905, 27 F.S.; providing additional estimated cost of 28 repair requirements for written repair 29 estimates; amending s. 559.9221, F.S.; revising 30 Motor Vehicle Repair Advisory Council 31 membership requirements; repealing s. 29 4:46 PM 04/27/01 s1922.ag29.nm
SENATE AMENDMENT Bill No. CS for SB 1922 Amendment No. ___ Barcode 861714 1 559.903(5), F.S., relating to a definition of 2 minor repair service; amending s. 413.407, 3 F.S.; revising membership of the Assistive 4 Technology Advisory Council; providing an 5 effective date. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 30 4:46 PM 04/27/01 s1922.ag29.nm