HOUSE AMENDMENT Bill No. HB 1791
1	CHAMBER ACTION
2	Senate House
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12	Representative Paul offered the following:
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14	Amendment to Amendment (118247) (with directory and title
15	amendments)
16	Remove line(s) 65-117, and insert:
17	(3)(5)(a) Any agency, office, bureau, division, or board
18	of state government receiving a complaint which deals with
19	consumer fraud or consumer protection and which is not within
20	the jurisdiction of the receiving agency, office, bureau,
21	division, or board originally receiving it, shall immediately
22	refer the complaint to the Division of Consumer Services.
23	(b) Upon receipt of such a complaint, the Division of
24	Consumer Services shall make a determination of the proper
25	jurisdiction to which the complaint relates and shall
26	immediately refer the complaint to the agency, office, bureau,
27	division, or board which does have the proper regulatory or
28	enforcement authority to deal with it.
29	(6)(a) The office or agency to which a complaint has been
30	referred shall within 30 days acknowledge receipt of the
31	complaint and report on the disposition made of the complaint.
32	In the event a complaint has not been disposed of within 30
33	days, the receiving office or agency shall file progress reports
34	with the Division of Consumer Services no less frequently than
35	30 days until final disposition.
36	(b) The report shall contain at least the following
37	information:
38	1. A finding of whether the receiving agency has
39	jurisdiction of the subject matter involved in the complaint.
40	2. Whether the complaint is deemed to be frivolous, sham,
41	or without basis in fact or law.
42	3. What action has been taken and a report on whether the
43	original complainant was satisfied with the final disposition.
44	4. Any recommendation regarding needed changes in law or
45	procedure which in the opinion of the reporting agency or office
46	will improve consumer protection in the area involved.
47	(7)(a) If the office or agency receiving a complaint fails
48	to file a report as contemplated in this section, that failure
49	shall be construed as a denial by the receiving office or agency
50	that it has jurisdiction of the subject matter contained in the
51	complaint.
52	(b) If an office or agency receiving a complaint
53	determines that the matter presents a prima facie case for
54	criminal prosecution or if the complaint cannot be settled at
55	the administrative level, the complaint together with all
56	supporting evidence shall be transmitted to the Department of
57	Legal Affairs or other appropriate enforcement agency with a
58	recommendation for civil or criminal action warranted by the
59	evidence.
60	(4)(8)The records of the Division of Consumer Services
61	are public records. However, customer lists, customer names, and
62	trade secrets are confidential and exempt from the provisions of
63	s. 119.07(1). Disclosure necessary to enforcement procedures
64	shall not be construed as violative of this prohibition.
65	(5)(9)It shall be the duty of the Division of Consumer
66	Services to maintain records and compile summaries and analyses
67	of consumer complaints under its jurisdictionand their eventual
68	disposition, which data may serve as a basis for recommendations
69	to the Legislature and to state regulatory agencies.
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72	================= T I T L E A M E N D M E N T =================
73	Remove line(s) 164, and insert:
74	amending s. 570.544, F.S.; reducing consumer complaint