Amendment
Bill No. 0197

Amendment No. 438377

CHAMBER ACTION
Senate		House
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1	Representative(s) Barreiro offered the following:
2
3	Amendment (with title amendment)
4	Between lines 17 and 18, insert:
5	Section 1.  Chapter 681, Florida Statutes, is designated as
6	part I of that chapter, and part II, consisting of sections
7	681.201, 681.202, 681.203, 681.204, 681.205, 681.206, 681.207,
8	681.208, 681.209, 681.210, 681.211, 681.212, 681.213, 681.214,
9	681.215, 681.216, 681.217, 681.218, and 681.219, is created to
10	read:
11	681.201  Short title.--This part may be cited as the
12	"Vessel Warranty Enforcement Act."
13	681.202  Legislative intent.--The Legislature recognizes
14	that a vessel is a major consumer purchase and that a defective
15	vessel undoubtedly creates a hardship for the consumer. The
16	Legislature further recognizes that a vessel dealer is an
17	authorized service agent of the manufacturer. It is the intent
18	of the Legislature that a good faith vessel warranty complaint
19	by a consumer be resolved by the manufacturer within a specified
20	period of time; however, it is not the intent of the Legislature
21	that a consumer establish the presumption of a reasonable number
22	of attempts as to each manufacturer that provides a warranty
23	directly to the consumer. It is further the intent of the
24	Legislature to provide the statutory procedures whereby a
25	consumer may receive a replacement vessel or a full refund for a
26	vessel that cannot be brought into conformity with the warranty
27	provided for in this part.
28	681.203  Definitions.--As used in this part, the term:
29	(1)  "Authorized service agent" means any person, including
30	a vessel dealer, who is authorized by the manufacturer to
31	service vessels.
32	(2)  "Board" means the Florida New Vessel Arbitration
33	Board.
34	(3)  "Collateral charges" means those additional charges to
35	a consumer wholly incurred as a result of the acquisition of the
36	vessel. For the purposes of this part, collateral charges
37	include, but are not limited to, manufacturer-installed or
38	agent-installed items or service charges, earned finance
39	charges, sales taxes, and title charges.
40	(4)  "Consumer" means the purchaser, other than for
41	purposes of resale, or the lessee of a vessel primarily used for
42	personal or family purposes; any person to whom such vessel is
43	transferred for the same purposes during the duration of the
44	Vessel Lemon Law rights period; and any other person entitled by
45	the terms of the warranty to enforce the obligations of the
46	warranty.
47	(5)  "Days" means calendar days.
48	(6)  "Department" means the Department of Legal Affairs.
49	(7)  "Division" means the Division of Consumer Services of
50	the Department of Agriculture and Consumer Services.
51	(8)  "Incidental charges" means those reasonable costs to
52	the consumer that are directly caused by the nonconformity of
53	the vessel.
54	(9)  "Lessee" means any consumer who leases a vessel for 1
55	year or more pursuant to a written lease agreement which
56	provides that the lessee is responsible for repairs to such
57	vessel or any consumer who leases a vessel pursuant to a lease-
58	purchase agreement.
59	(10)  "Lessee cost" means the aggregate deposit and rental
60	payments previously paid to the lessor for the leased vessel but
61	excludes debt from any other transaction.
62	(11)  "Manufacturer" means a manufacturer, a distributor,
63	or an importer. A dealer shall not be deemed to be a
64	manufacturer, a distributor, or an importer as provided in this
65	section.
66	(12)  "Nonconformity" means a defect or condition that
67	substantially impairs the use, value, or safety of a vessel, but
68	does not include a defect or condition that results from an
69	accident, abuse, neglect, modification, or alteration of the
70	vessel by persons other than the manufacturer or its authorized
71	service agent.
72	(13)  "Procedure" means an informal dispute-settlement
73	procedure established by a manufacturer to mediate and arbitrate
74	vessel warranty disputes.
75	(14)  "Purchase price" means the cash price, inclusive of
76	any allowance for a trade-in vessel.
77	(15)  "Reasonable offset for use" means the number of hours
78	of use attributable to a consumer up to the date of the third
79	repair attempt of the same nonconformity or the 60th cumulative
80	day that the vessel is out of service by reason of repair of one
81	or more nonconformities, whichever occurs first, multiplied by
82	the purchase price of the vessel and divided by 120,000.
83	(16)  "Replacement vessel" means a vessel that is identical
84	or reasonably equivalent to the vessel to be replaced, as the
85	vessel to be replaced existed at the time of acquisition.
86	(17)  "Vessel" means a new vessel, propelled by power other
87	than muscular power, that is sold in this state to transport
88	persons or property, and includes a vessel used as a
89	demonstrator or leased vessel if a manufacturer's warranty was
90	issued as a condition of sale or the lessee is responsible for
91	repairs. The term "vessel" includes the engine that powers the
92	vessel.
93	(18)  "Vessel Lemon Law rights period" means the period
94	ending 12 months after the date of the original delivery of a
95	vessel to a consumer.
96	(19)  "Warranty" means any written warranty issued by the
97	manufacturer, or any affirmation of fact or promise made by the
98	manufacturer, excluding statements made by the dealer, in
99	connection with the sale of a vessel to a consumer that relates
100	to the nature of the material or workmanship and affirms or
101	promises that such material or workmanship is free of defects or
102	will meet a specified level of performance.
103	681.204  Duty of manufacturer to conform a vessel to the
104	warranty.--
105	(1)  If a vessel does not conform to the warranty and the
106	consumer first reports the problem to the manufacturer or its
107	authorized service agent during the Vessel Lemon Law rights
108	period, the manufacturer or its authorized service agent shall
109	make such repairs as are necessary to conform the vessel to the
110	warranty, irrespective of whether such repairs are made after
111	the expiration of the Vessel Lemon Law rights period. Such
112	repairs shall be at no cost to the consumer if made during the
113	term of the manufacturer's written express warranty. Nothing in
114	this subsection shall be construed to grant an extension of the
115	Vessel Lemon Law rights period or to expand the time within
116	which a consumer must file a claim under this part.
117	(2)  Each manufacturer shall provide to its consumers
118	conspicuous notice of the address and phone number for its zone,
119	district, or regional office for this state in the written
120	warranty or owner's manual. By January 1 of each year, each
121	manufacturer shall forward to the department a copy of the
122	owner's manual and any written warranty for each make and model
123	of vessel that it sells in this state.
124	(3)  At the time of acquisition, the manufacturer shall
125	inform the consumer clearly and conspicuously in writing how and
126	where to file a claim with a certified procedure if such
127	procedure has been established by the manufacturer pursuant to
128	s. 681.207 and shall provide to the consumer a written statement
129	that explains the consumer's rights under this part. The written
130	statement shall be prepared by the department and shall contain
131	a toll-free number for the division that the consumer can
132	contact to obtain information regarding the consumer's rights
133	and obligations under this part or to commence arbitration. The
134	consumer's signed acknowledgment of receipt of materials
135	required under this subsection shall constitute prima facie
136	evidence of compliance by the manufacturer and dealer. The form
137	of the acknowledgments shall be approved by the department, and
138	the dealer shall maintain the consumer's signed acknowledgment
139	for 3 years.
140	(4)  A manufacturer, through its authorized service agent,
141	shall provide to the consumer, each time the consumer's vessel
142	is returned after being examined or repaired under the warranty,
143	a fully itemized, legible statement or repair order indicating
144	any test operation performed and the approximate length of the
145	operation, any diagnosis made, and all work performed on the
146	vessel, including, but not limited to, a general description of
147	the problem reported by the consumer or an identification of the
148	defect or condition, parts and labor, and the date that the
149	vessel was submitted for examination or repair and the date that
150	the repair or examination was completed.
151	681.205  Nonconformity of vessels.--
152	(1)(a)  After three attempts have been made to repair the
153	same nonconformity, the consumer shall give written
154	notification, by registered or express mail to the manufacturer,
155	of the need to repair the nonconformity to allow the
156	manufacturer a final attempt to cure the nonconformity. The
157	manufacturer shall have 10 days, commencing upon receipt of such
158	notification, to respond and give the consumer the opportunity
159	to have the vessel repaired at a reasonably accessible repair
160	facility within a reasonable time after the consumer's receipt
161	of the response. The manufacturer shall have 10 days, commencing
162	upon the delivery of the vessel to the designated repair
163	facility by the consumer, to conform the vessel to the warranty.
164	If the manufacturer fails to respond to the consumer and give
165	the consumer the opportunity to have the vessel repaired at a
166	reasonably accessible repair facility or perform the repairs
167	within the time periods prescribed in this subsection, the
168	requirement that the manufacturer be given a final attempt to
169	cure the nonconformity does not apply.
170	(b)  If the vessel is out of service by reason of repair of
171	one or more nonconformities by the manufacturer or its
172	authorized service agent for a cumulative total of 15 or more
173	days, exclusive of downtime for routine maintenance prescribed
174	by the owner's manual, the consumer shall so notify the
175	manufacturer in writing by registered or express mail to give
176	the manufacturer or its authorized service agent an opportunity
177	to inspect or repair the vessel.
178	(2)(a)  If the manufacturer or its authorized service agent
179	cannot conform the vessel to the warranty by repairing or
180	correcting any nonconformity after a reasonable number of
181	attempts, the manufacturer, within 40 days, shall repurchase the
182	vessel and refund the full purchase price to the consumer, less
183	a reasonable offset for use, or, in consideration of its receipt
184	of payment from the consumer of a reasonable offset for use,
185	replace the vessel with a replacement vessel acceptable to the
186	consumer. The refund or replacement must include all reasonably
187	incurred collateral and incidental charges. However, the
188	consumer has an unconditional right to choose a refund rather
189	than a replacement. Upon receipt of such refund or replacement,
190	the consumer, lienholder, or lessor shall furnish to the
191	manufacturer clear title to and possession of the vessel.
192	(b)  Refunds shall be made to the consumer and lienholder
193	of record, if any, as their interests may appear. If the refund
194	is for a leased vessel, the lessee shall receive the lessee cost
195	and the lessor shall receive the lease price less the lessee
196	cost. A penalty for early lease termination may not be assessed
197	against a lessee who receives a replacement vessel or refund
198	under this part. The Department of Revenue shall refund to the
199	manufacturer any sales tax that the manufacturer refunded to the
200	consumer, lienholder, or lessor under this section, if the
201	manufacturer provides to the department a written request for a
202	refund and evidence that the sales tax was paid when the vessel
203	was purchased and that the manufacturer refunded the sales tax
204	to the consumer, lienholder, or lessor.
205	(3)  It is presumed that a reasonable number of attempts
206	have been undertaken to conform a vessel to the warranty if,
207	during the Vessel Lemon Law rights period, either:
208	(a)  The same nonconformity has been subject to repair at
209	least three times by the manufacturer or its authorized service
210	agent, plus a final attempt by the manufacturer to repair the
211	vessel if undertaken as provided for in paragraph (1)(a), and
212	such nonconformity continues to exist; or
213	(b)  The vessel has been out of service by reason of repair
214	of one or more nonconformities by the manufacturer or its
215	authorized service agent for a cumulative total of 30 or more
216	days, exclusive of downtime for routine maintenance prescribed
217	by the owner's manual. The manufacturer or its authorized
218	service agent must have had at least one opportunity to inspect
219	or repair the vessel following receipt of the notification as
220	provided in paragraph (1)(b). The 30-day period may be extended
221	by any period of time during which repair services are not
222	available to the consumer because of war, invasion, strike,
223	fire, flood, or natural disaster.
224	(4)  It is an affirmative defense to any claim under this
225	part that:
226	(a)  The alleged nonconformity does not substantially
227	impair the use, value, or safety of the vessel;
228	(b)  The nonconformity is the result of an accident, abuse,
229	neglect, or unauthorized modifications or alterations of the
230	vessel by persons other than the manufacturer or its authorized
231	service agent; or
232	(c)  The claim by the consumer was not filed in good faith.
233
234	Any other affirmative defense allowed by law may be raised
235	against the claim.
236	681.206  Bad faith claims.--Any claim by a consumer that is
237	found by the court to have been filed in bad faith or solely for
238	the purpose of harassment, or in complete absence of a
239	justiciable issue of either law or fact raised by the consumer,
240	shall result in the consumer being liable for all costs and
241	reasonable attorney's fees incurred by the manufacturer or its
242	authorized service agent as a direct result of the bad faith
243	claim.
244	681.207  Dispute-settlement procedures.--
245	(1)  If a manufacturer has established a procedure
246	substantially in compliance with the provisions of this part and
247	the rules adopted under this part and has informed the consumer
248	how and where to file a claim under such procedure pursuant to
249	s. 681.204(3), the provisions of s. 681.205(2) apply to the
250	consumer only if the consumer has first resorted to that
251	procedure. The decisionmakers for a certified procedure shall,
252	in rendering decisions, take into account all legal and
253	equitable factors germane to a fair and just decision,
254	including, but not limited to, the warranty, the provisions of
255	this part, and any other equitable considerations appropriate
256	under the circumstances. Decisionmakers and staff of a procedure
257	shall be trained in the provisions of this part. In an action
258	brought by a consumer concerning an alleged nonconformity, the
259	decision that results from a certified procedure is admissible
260	in evidence.
261	(2)  A manufacturer may apply to the division for
262	certification of its procedure. After receipt and evaluation of
263	the application, the division shall certify the procedure or
264	notify the manufacturer of any deficiencies in the application
265	or the procedure.
266	(3)  A manufacturer establishing a certified procedure or
267	an applicant seeking certification of a procedure shall submit
268	to the division a copy of each settlement approved by the
269	procedure or decision made by a decisionmaker within 30 days
270	after the settlement is reached or the decision is rendered. The
271	decision or settlement must contain, at a minimum:
272	(a)  The name and address of the consumer.
273	(b)  The name of the manufacturer and address of the
274	dealership from which the vessel was purchased.
275	(c)  The date the claim was received and the location of
276	the procedure office that handled the claim.
277	(d)  The relief requested by the consumer.
278	(e)  The name of each decisionmaker rendering the decision
279	or person approving the settlement.
280	(f)  The statement of the terms of the settlement or
281	decision.
282	(g)  The date of the settlement or decision.
283	(h)  The statement of whether the decision was accepted or
284	rejected by the consumer.
285	(4)  Any manufacturer establishing or applying to establish
286	a certified procedure must file with the division a copy of any
287	information required for purposes of certification, including
288	the number of refunds and replacements made in this state by the
289	manufacturer pursuant to the provisions of this part during the
290	period audited.
291	(5)  The division shall review each certified procedure at
292	least annually, shall prepare an annual report evaluating the
293	operation of certified procedures established by vessel
294	manufacturers and procedures of applicants seeking
295	certification, and, for a period not to exceed 1 year, shall
296	grant certification to, or renew certification for, those
297	manufacturers whose procedures substantially comply with the
298	provisions of this part and rules adopted under this part. If
299	certification is revoked or denied, the division shall state the
300	reasons for such action. The reports and records of actions
301	taken with respect to certification shall be public records.
302	(6)  The division shall adopt rules to implement this
303	section.
304	681.208  Florida New Vessel Arbitration Board; dispute
305	eligibility.--
306	(1)  If a manufacturer has a certified procedure, a
307	consumer claim arising during the Vessel Lemon Law rights period
308	must be filed with the certified procedure no later than 60 days
309	after the expiration of the Vessel Lemon Law rights period.
310	(2)(a)  If a decision is not rendered by the certified
311	procedure within 40 days after filing, the consumer may apply to
312	the division to have the dispute removed to the board for
313	arbitration.
314	(b)  If a decision is rendered by the certified procedure
315	within 40 days after filing and the consumer is not satisfied
316	with the decision or the manufacturer's compliance therewith,
317	the consumer may apply to the division to have the dispute
318	submitted to the board for arbitration. A manufacturer may not
319	seek review of a decision made under its procedure.
320	(3)  If a manufacturer has no certified procedure or if a
321	certified procedure does not have jurisdiction to resolve the
322	dispute, a consumer may apply directly to the division to have
323	the dispute submitted to the board for arbitration.
324	(4)  A consumer must request arbitration before the board
325	with respect to a claim arising during the Vessel Lemon Law
326	rights period no later than 60 days after the expiration of the
327	Vessel Lemon Law rights period, or within 30 days after the
328	final action of a certified procedure, whichever date occurs
329	later.
330	(5)  The division shall screen all requests for arbitration
331	before the board to determine eligibility. The consumer's
332	request for arbitration before the board shall be made on a form
333	prescribed by the department. The division shall forward to the
334	board all disputes that the division determines are potentially
335	entitled to relief under this part.
336	(6)  The division may reject a dispute that it determines
337	to be fraudulent or outside the scope of the board's authority.
338	Any dispute deemed by the division to be ineligible for
339	arbitration by the board due to insufficient evidence may be
340	reconsidered upon the submission of new information regarding
341	the dispute. Following a second review, the division may reject
342	a dispute if the evidence is clearly insufficient to qualify for
343	relief. Any dispute rejected by the division shall be forwarded
344	to the department and a copy shall be sent by registered mail to
345	the consumer and the manufacturer containing a brief explanation
346	as to the reason for rejection.
347	(7)  If the division rejects a dispute, the consumer may
348	file a lawsuit to enforce the remedies provided under this part.
349	In any civil action arising under this part and relating to a
350	matter considered by the division, any determination made to
351	reject a dispute is admissible in evidence.
352	(8)  The department shall have the authority to adopt
353	reasonable rules to carry out the provisions of this section.
354	681.209  Florida New Vessel Arbitration Board; creation and
355	function.--
356	(1)  There is established within the department the Florida
357	New Vessel Arbitration Board, consisting of members appointed by
358	the Attorney General for an initial term of 1 year. Board
359	members may be reappointed for additional terms of 2 years. Each
360	board member is accountable to the Attorney General for the
361	performance of the member's duties and is exempt from civil
362	liability for any act or omission that occurs while acting in
363	the member's official capacity. The department shall defend a
364	member in any action against the member or the board that arises
365	from any such act or omission. The Attorney General may
366	establish as many boards as necessary to carry out the
367	provisions of this part.
368	(2)  The boards shall hear cases in various locations
369	throughout the state so any consumer whose dispute is approved
370	for arbitration by the division may attend an arbitration
371	hearing at a reasonably convenient location and present a
372	dispute orally. Hearings shall be conducted by panels of three
373	board members assigned by the department. A majority vote of the
374	three-member board panel shall be required to render a decision.
375	Arbitration proceedings under this section shall be open to the
376	public on reasonable and nondiscriminatory terms.
377	(3)  Each region of the board shall consist of up to eight
378	members. The members of the board shall construe and apply the
379	provisions of this part and rules adopted thereunder in making
380	their decisions. An administrator and a secretary shall be
381	assigned to each board by the department. At least one member of
382	each board must be a person with expertise in vessel mechanics.
383	A member must not be employed by a vessel manufacturer or dealer
384	or be a staff member, a decisionmaker, or a consultant for a
385	procedure. Board members shall be trained in the application of
386	this part and any rules adopted under this part, shall be
387	reimbursed for travel expenses pursuant to s. 112.061, and shall
388	be compensated at a rate or wage prescribed by the Attorney
389	General.
390	(4)  Before filing a civil action on a matter subject to s.
391	681.205, the consumer must first submit the dispute to the
392	division and to the board if such dispute is deemed eligible for
393	arbitration.
394	(5)  Manufacturers shall submit to arbitration conducted by
395	the board if such arbitration is requested by a consumer and the
396	dispute is deemed eligible for arbitration by the division
397	pursuant to s. 681.208.
398	(6)  The board shall hear the dispute within 40 days and
399	render a decision within 60 days after the date the request for
400	arbitration is approved. The board may continue the hearing on
401	its own motion or upon the request of a party for good cause
402	shown. A request for continuance by the consumer constitutes
403	waiver of the time periods set forth in this subsection. The
404	department, at the board's request, may investigate disputes and
405	may issue subpoenas for the attendance of witnesses and for the
406	production of records, documents, and other evidence before the
407	board. The failure of the board to hear a dispute or render a
408	decision within the prescribed periods does not invalidate the
409	decision.
410	(7)  At all arbitration proceedings, the parties may
411	present oral and written testimony, present witnesses and
412	evidence relevant to the dispute, cross-examine witnesses, and
413	be represented by counsel. The board may administer oaths or
414	affirmations to witnesses and inspect the vessel if requested by
415	a party or if the board deems such inspection appropriate.
416	(8)  The board shall grant relief if a reasonable number of
417	attempts have been undertaken to correct a nonconformity or
418	nonconformities.
419	(9)  The decision of the board shall be sent by registered
420	mail to the consumer and the manufacturer and shall contain
421	written findings of fact and rationale for the decision. If the
422	decision is in favor of the consumer, the manufacturer must,
423	within 40 days after receipt of the decision, comply with the
424	terms of the decision. Compliance occurs on the date the
425	consumer receives delivery of an acceptable replacement vessel
426	or the refund specified in the arbitration award. In any civil
427	action arising under this part and relating to a dispute
428	arbitrated before the board, any decision by the board is
429	admissible in evidence.
430	(10)  A decision is final unless appealed by either party.
431	A petition to the circuit court to appeal a decision must be
432	made within 30 days after receipt of the decision. The petition
433	shall be filed in the county in which the consumer resides, in
434	which the vessel was acquired, or in which the arbitration
435	hearing was conducted. Within 7 days after the petition has been
436	filed, the appealing party must send a copy of the petition to
437	the department. If the department does not receive notice of
438	such petition within 40 days after the manufacturer's receipt of
439	a decision in favor of the consumer and the manufacturer has
440	neither complied with nor has petitioned to appeal such
441	decision, the department may apply to the circuit court to seek
442	imposition of a fine up to $1,000 per day against the
443	manufacturer until the amount stands at twice the purchase price
444	of the vessel, unless the manufacturer provides clear and
445	convincing evidence that the delay or failure was beyond its
446	control or was acceptable to the consumer as evidenced by a
447	written statement signed by the consumer. If the manufacturer
448	fails to provide such evidence or fails to pay the fine, the
449	department shall initiate proceedings against the manufacturer
450	for failure to pay such fine. The proceeds from the fine herein
451	imposed shall be placed in the General Revenue Fund for
452	implementation and enforcement of this part. If the manufacturer
453	fails to comply with the provisions of this subsection, the
454	court shall affirm the award upon application by the consumer.
455	(11)  All provisions in this section and s. 681.208
456	pertaining to compulsory arbitration before the board, the
457	dispute eligibility screening by the division, the proceedings
458	and decisions of the board, and any appeals thereof are exempt
459	from the provisions of chapter 120.
460	(12)  An appeal of a decision by the board to the circuit
461	court by a consumer or a manufacturer shall be by trial de novo.
462	In a written petition to appeal a decision by the board, the
463	appealing party must state the action requested and the grounds
464	relied upon for appeal. Within 30 days after final disposition
465	of the appeal, the appealing party shall furnish the department
466	with notice of such disposition and, upon request, shall furnish
467	the department with a copy of the order or judgment of the
468	court.
469	(13)  If a decision of the board in favor of the consumer
470	is upheld by the court, recovery by the consumer shall include
471	the pecuniary value of the award, attorney's fees incurred in
472	obtaining confirmation of the award, and all costs and
473	continuing damages in the amount of $25 per day for each day
474	beyond the 40-day period following the manufacturer's receipt of
475	the board's decision. If a court determines that the
476	manufacturer acted in bad faith in bringing the appeal or
477	brought the appeal solely for the purpose of harassment or in
478	complete absence of a justiciable issue of law or fact, the
479	court shall double, and may triple, the amount of the total
480	award.
481	(14)  When a judgment affirms a decision by the board in
482	favor of a consumer, appellate review may be conditioned upon
483	payment by the manufacturer of the consumer's attorney's fees
484	and giving security for costs and expenses resulting from the
485	review period.
486	(15)  The department shall maintain records of each dispute
487	submitted to the board, including an index of vessels by year,
488	make, and model, and shall compile aggregate annual statistics
489	for all disputes submitted to, and decided by, the board, as
490	well as annual statistics for each manufacturer that include,
491	but are not limited to, the value, if applicable, and the number
492	and percent of:
493	(a)  Replacement vessel requests.
494	(b)  Purchase price refund requests.
495	(c)  Replacement vessels obtained in prehearing
496	settlements.
497	(d)  Purchase price refunds obtained in prehearing
498	settlements.
499	(e)  Replacement vessels awarded in arbitration.
500	(f)  Purchase price refunds awarded in arbitration.
501	(g)  Board decisions neither complied with in 40 days nor
502	petitioned for appeal within 30 days.
503	(h)  Board decisions appealed.
504	(i)  Appeals affirmed by the court.
505	(j)  Appeals found by the court to be brought in bad faith
506	or solely for the purpose of harassment.
507
508	The statistics compiled under this subsection are public
509	information.
510	(16)  When requested by the department, a manufacturer must
511	verify the settlement terms for disputes that are approved for
512	arbitration but are not decided by the board.
513	681.210  Compliance and disciplinary actions.--The
514	department may enforce and ensure compliance with the provisions
515	of this part and rules adopted thereunder, may issue subpoenas
516	requiring the attendance of witnesses and production of
517	evidence, and may seek relief in the circuit court to compel
518	compliance with such subpoenas. The department may impose a
519	civil penalty against a manufacturer not to exceed $1,000 for
520	each count or separate offense. The proceeds from the fine
521	imposed herein shall be placed in the General Revenue Fund for
522	implementation and enforcement of this part.
523	681.211  Unfair or deceptive trade practice.--A violation
524	of this part by a manufacturer is an unfair or deceptive trade
525	practice as provided in part II of chapter 501.
526	681.212  Consumer remedies.--
527	(1)  A consumer may file an action to recover damages
528	caused by a violation of this part. The court shall award a
529	consumer who prevails in such action the amount of any pecuniary
530	loss, litigation costs, reasonable attorney's fees, and
531	appropriate equitable relief.
532	(2)  An action brought under this part must be commenced
533	within 1 year after the expiration of the Vessel Lemon Law
534	rights period or, if a consumer resorts to an informal dispute-
535	settlement procedure or submits a dispute to the division or
536	board, within 1 year after the final action of the procedure,
537	division, or board.
538	(3)  This part does not prohibit a consumer from pursuing
539	other rights or remedies under any other law.
540	681.213  Vessel dealer liability.--Nothing in this part
541	imposes any liability on a dealer or creates a cause of action
542	by a consumer against a dealer, except for written express
543	warranties made by the dealer apart from the manufacturer's
544	warranties. A dealer may not be made a party defendant in any
545	action involving or relating to this part, except as provided in
546	this section. The manufacturer may not charge back or require
547	reimbursement by the dealer for any costs, including, but not
548	limited to, any refunds or vessel replacements, incurred by the
549	manufacturer arising out of this part in the absence of evidence
550	that the related repairs had been carried out by the dealer in a
551	manner substantially inconsistent with the manufacturer's
552	published instructions.
553	681.214  Resale of returned vessels.--
554	(1)  A manufacturer that accepts the return of a vessel by
555	reason of a settlement, determination, or decision pursuant to
556	this part shall notify the department and report the vessel
557	identification number of that vessel within 10 days after such
558	acceptance.
559	(2)  A person may not knowingly lease, sell at wholesale or
560	retail, or transfer a title to a vessel returned by reason of a
561	settlement, determination, or decision pursuant to this part or
562	similar statute of another state unless the nature of the
563	nonconformity is clearly and conspicuously disclosed to the
564	prospective transferee, lessee, or buyer, and the manufacturer
565	warrants to correct such nonconformity for a term of 1 year. The
566	department shall prescribe by rule the form, content, and
567	procedure pertaining to such disclosure statement.
568	(3)  As used in this section, the term "settlement" means
569	an agreement entered into between a manufacturer and consumer
570	that occurs after a dispute is submitted to a procedure or is
571	approved for arbitration before the board.
572	681.215  Certain agreements void.--Any agreement entered
573	into by a consumer that waives, limits, or disclaims the rights
574	set forth in this part, or that requires a consumer not to
575	disclose the terms of such agreement as a condition thereof, is
576	void as contrary to public policy. The rights set forth in this
577	part shall extend to a subsequent transferee of such vessel.
578	681.216  Fee.--
579	(1)  A $2 fee shall be collected by a vessel dealer, or by
580	a person engaged in the business of leasing vessels, from the
581	consumer at the consummation of the sale of a vessel or at the
582	time of entry into a lease agreement for a vessel. Such fees
583	shall be remitted to the county tax collector or private agency
584	acting as agent for the Department of Revenue. All fees, less
585	the cost of administration, shall be transferred monthly to the
586	Department of Legal Affairs for deposit into the General Revenue
587	Fund. The Department of Legal Affairs shall distribute monthly
588	an amount not exceeding one-fourth of the fees received to the
589	Division of Consumer Services of the Department of Agriculture
590	and Consumer Services to carry out the provisions of ss. 681.207
591	and 681.208. The Department of Legal Affairs shall contract with
592	the Division of Consumer Services for payment of services
593	performed by the division pursuant to ss. 681.207 and 681.208.
594	(2)  The Department of Revenue shall administer, collect,
595	and enforce the fee authorized under this section pursuant to
596	the provisions of chapter 212. The fee shall not be included in
597	the computation of estimated taxes pursuant to s. 212.11(1)(a),
598	nor shall the dealer's credit provided under s. 212.12 apply to
599	the fee. The provisions of chapter 212 regarding the authority
600	to audit and make assessments, the keeping of books and records,
601	and interest and penalties on delinquent fees apply to the fee
602	imposed by this section.
603	681.217  Effect and application.--Nothing in this part
604	shall in any way limit or expand the rights or remedies that are
605	otherwise available to a consumer under any other law. The
606	provisions of this part apply both to the vessel and to the
607	engine used to power the vessel even though the manufacturer of
608	the vessel and the engine are different entities. The provisions
609	of this part do not apply to racing equipment or high
610	performance vessels and equipment.
611	681.218  Preemption.--This part preempts any similar county
612	or municipal ordinance regarding consumer warranty rights
613	resulting from the acquisition of a vessel in this state.
614	681.219  Rulemaking authority.--The department shall adopt
615	rules pursuant to ss. 120.536(1) and 120.54  to implement this
616	part.
617	Section 2.  Paragraphs (a) and (c) of subsection (1) of
618	section 319.14, Florida Statutes, are amended to read:
619	319.14  Sale of motor vehicles registered or used as
620	taxicabs, police vehicles, lease vehicles, or rebuilt vehicles
621	and nonconforming vehicles.--
622	(1)(a)  No person shall knowingly offer for sale, sell, or
623	exchange any vehicle that has been licensed, registered, or used
624	as a taxicab, police vehicle, or short-term-lease vehicle, or a
625	vehicle that has been repurchased by a manufacturer pursuant to
626	a settlement, determination, or decision under part I of chapter
627	681, until the department has stamped in a conspicuous place on
628	the certificate of title of the vehicle, or its duplicate, words
629	stating the nature of the previous use of the vehicle or the
630	title has been stamped "Manufacturer's Buy Back" to reflect that
631	the vehicle is a nonconforming vehicle. If the certificate of
632	title or duplicate was not so stamped upon initial issuance
633	thereof or if, subsequent to initial issuance of the title, the
634	use of the vehicle is changed to a use requiring the notation
635	provided for in this section, the owner or lienholder of the
636	vehicle shall surrender the certificate of title or duplicate to
637	the department prior to offering the vehicle for sale, and the
638	department shall stamp the certificate or duplicate as required
639	herein. When a vehicle has been repurchased by a manufacturer
640	pursuant to a settlement, determination, or decision under part
641	I of chapter 681, the title shall be stamped "Manufacturer's Buy
642	Back" to reflect that the vehicle is a nonconforming vehicle.
643	(c)  As used in this section:
644	1.  "Police vehicle" means a motor vehicle owned or leased
645	by the state or a county or municipality and used in law
646	enforcement.
647	2.a.  "Short-term-lease vehicle" means a motor vehicle
648	leased without a driver and under a written agreement to one or
649	more persons from time to time for a period of less than 12
650	months.
651	b.  "Long-term-lease vehicle" means a motor vehicle leased
652	without a driver and under a written agreement to one person for
653	a period of 12 months or longer.
654	c.  "Lease vehicle" includes both short-term-lease vehicles
655	and long-term-lease vehicles.
656	3.  "Rebuilt vehicle" means a motor vehicle or mobile home
657	built from salvage or junk, as defined in s. 319.30(1).
658	4.  "Assembled from parts" means a motor vehicle or mobile
659	home assembled from parts or combined from parts of motor
660	vehicles or mobile homes, new or used. "Assembled from parts"
661	does not mean a motor vehicle defined as a "rebuilt vehicle" in
662	subparagraph 3., which has been declared a total loss pursuant
663	to s. 319.30.
664	5.  "Kit car" means a motor vehicle assembled with a kit
665	supplied by a manufacturer to rebuild a wrecked or outdated
666	motor vehicle with a new body kit.
667	6.  "Glider kit" means a vehicle assembled with a kit
668	supplied by a manufacturer to rebuild a wrecked or outdated
669	truck or truck tractor.
670	7.  "Replica" means a complete new motor vehicle
671	manufactured to look like an old vehicle.
672	8.  "Flood vehicle" means a motor vehicle or mobile home
673	that has been declared to be a total loss pursuant to s.
674	319.30(3)(a) resulting from damage caused by water.
675	9.  "Nonconforming vehicle" means a motor vehicle which has
676	been purchased by a manufacturer pursuant to a settlement,
677	determination, or decision under part I of chapter 681.
678	10.  "Settlement" means an agreement entered into between a
679	manufacturer and a consumer that occurs after a dispute is
680	submitted to a program, or an informal dispute settlement
681	procedure established by a manufacturer or is approved for
682	arbitration before the New Motor Vehicle Arbitration Board as
683	defined in s. 681.102.
684	Section 3.  Subsection (27) of section 320.64, Florida
685	Statutes, is amended to read:
686	320.64  Denial, suspension, or revocation of license;
687	grounds.--A license of a licensee under s. 320.61 may be denied,
688	suspended, or revoked within the entire state or at any specific
689	location or locations within the state at which the applicant or
690	licensee engages or proposes to engage in business, upon proof
691	that the section was violated with sufficient frequency to
692	establish a pattern of wrongdoing, and a licensee or applicant
693	shall be liable for claims and remedies provided in ss. 320.695
694	and 320.697 for any violation of any of the following
695	provisions. A licensee is prohibited from committing the
696	following acts:
697	(27)  Notwithstanding the terms of any franchise agreement,
698	the applicant or licensee has failed or refused to indemnify and
699	hold harmless any motor vehicle dealer against any judgment for
700	damages, or settlements agreed to by the applicant or licensee,
701	including, without limitation, court costs and reasonable
702	attorneys fees, arising out of complaints, claims, or lawsuits,
703	including, without limitation, strict liability, negligence,
704	misrepresentation, express or implied warranty, or revocation or
705	rescission of acceptance of the sale of a motor vehicle, to the
706	extent the judgment or settlement relates to the alleged
707	negligent manufacture, design, or assembly of motor vehicles,
708	parts, or accessories. Nothing herein shall obviate the
709	licensee's obligations pursuant to part I of chapter 681.
710
711	A motor vehicle dealer who can demonstrate that a violation of,
712	or failure to comply with, any of the preceding provisions by an
713	applicant or licensee will or can adversely and pecuniarily
714	affect the complaining dealer, shall be entitled to pursue all
715	of the remedies, procedures, and rights of recovery available
716	under ss. 320.695 and 320.697.
717	Section 4.  Subsection (10) of section 520.07, Florida
718	Statutes, is amended to read:
719	520.07  Requirements and prohibitions as to retail
720	installment contracts.--
721	(10)  A retail installment contract may provide that if a
722	buyer rejects or revokes acceptance of the motor vehicle and
723	asserts a security interest in the motor vehicle based on the
724	ground of rightful rejection or justifiable revocation, the
725	buyer must take one of the following actions:
726	(a)  Post a bond in the amount of the disputed balance; or
727	(b)  Deposit all accrued, and thereafter accruing,
728	installment payments into the registry of a court of competent
729	jurisdiction.
730
731	The cost of a bond posted under this subsection is awardable to
732	the buyer in the proceedings. When the provisions of part I of
733	chapter 681 apply, this subsection shall not apply.
734	Section 5.  Section 681.10, Florida Statutes, is amended to
735	read:
736	681.10  Short title.--This part chapter shall be known and
737	may be cited as the "Motor Vehicle Warranty Enforcement Act."
738	Section 6.  Section 681.101, Florida Statutes, is amended
739	to read:
740	681.101  Legislative intent.--The Legislature recognizes
741	that a motor vehicle is a major consumer purchase and that a
742	defective motor vehicle undoubtedly creates a hardship for the
743	consumer. The Legislature further recognizes that a duly
744	franchised motor vehicle dealer is an authorized service agent
745	of the manufacturer. It is the intent of the Legislature that a
746	good faith motor vehicle warranty complaint by a consumer be
747	resolved by the manufacturer within a specified period of time;
748	however, it is not the intent of the Legislature that a consumer
749	establish the presumption of a reasonable number of attempts as
750	to each manufacturer that provides a warranty directly to the
751	consumer. It is further the intent of the Legislature to provide
752	the statutory procedures whereby a consumer may receive a
753	replacement motor vehicle, or a full refund, for a motor vehicle
754	which cannot be brought into conformity with the warranty
755	provided for in this part chapter. However, nothing in this part
756	chapter shall in any way limit or expand the rights or remedies
757	which are otherwise available to a consumer under any other law.
758	Section 7.  Section 681.102, Florida Statutes, is amended
759	to read:
760	681.102  Definitions.--As used in this part chapter, the
761	term:
762	(1)  "Authorized service agent" means any person, including
763	a franchised motor vehicle dealer, who is authorized by the
764	manufacturer to service motor vehicles. In the case of a
765	recreational vehicle when there are two or more manufacturers,
766	an authorized service agent for any individual manufacturer is
767	any person, including a franchised motor vehicle dealer, who is
768	authorized to service the items warranted by that manufacturer.
769	The term does not include a rental car company authorized to
770	repair rental vehicles.
771	(2)  "Board" means the Florida New Motor Vehicle
772	Arbitration Board.
773	(3)  "Collateral charges" means those additional charges to
774	a consumer wholly incurred as a result of the acquisition of the
775	motor vehicle. For the purposes of this part chapter, collateral
776	charges include, but are not limited to, manufacturer-installed
777	or agent-installed items or service charges, earned finance
778	charges, sales taxes, and title charges.
779	(4)  "Consumer" means the purchaser, other than for
780	purposes of resale, or the lessee, of a motor vehicle primarily
781	used for personal, family, or household purposes; any person to
782	whom such motor vehicle is transferred for the same purposes
783	during the duration of the Lemon Law rights period; and any
784	other person entitled by the terms of the warranty to enforce
785	the obligations of the warranty.
786	(5)  "Days" means calendar days.
787	(6)  "Department" means the Department of Legal Affairs.
788	(7)  "Division" means the Division of Consumer Services of
789	the Department of Agriculture and Consumer Services.
790	(8)  "Incidental charges" means those reasonable costs to
791	the consumer which are directly caused by the nonconformity of
792	the motor vehicle.
793	(9)  "Lease price" means the aggregate of the capitalized
794	cost, as defined in s. 521.003(2), and each of the following
795	items to the extent not included in the capitalized cost:
796	(a)  Lessor's earned rent charges through the date of
797	repurchase.
798	(b)  Collateral charges, if applicable.
799	(c)  Any fee paid to another to obtain the lease.
800	(d)  Any insurance or other costs expended by the lessor
801	for the benefit of the lessee.
802	(e)  An amount equal to state and local sales taxes, not
803	otherwise included as collateral charges, paid by the lessor
804	when the vehicle was initially purchased.
805	(10)  "Lemon Law rights period" means the period ending 24
806	months after the date of the original delivery of a motor
807	vehicle to a consumer.
808	(11)  "Lessee" means any consumer who leases a motor
809	vehicle for 1 year or more pursuant to a written lease agreement
810	which provides that the lessee is responsible for repairs to
811	such motor vehicle or any consumer who leases a motor vehicle
812	pursuant to a lease-purchase agreement.
813	(12)  "Lessee cost" means the aggregate deposit and rental
814	payments previously paid to the lessor for the leased vehicle
815	but excludes debt from any other transaction.
816	(13)  "Lessor" means a person who holds title to a motor
817	vehicle that is leased to a lessee under a written lease
818	agreement or who holds the lessor's rights under such agreement.
819	(14)  "Manufacturer" means any person, whether a resident
820	or nonresident of this state, who manufactures or assembles
821	motor vehicles, or who manufactures or assembles chassis for
822	recreational vehicles, or who manufactures or installs on
823	previously assembled truck or recreational vehicle chassis
824	special bodies or equipment which, when installed, forms an
825	integral part of the motor vehicle, a distributor as defined in
826	s. 320.60(5), or an importer as defined in s. 320.60(7). A
827	dealer as defined in s. 320.60(11)(a) shall not be deemed to be
828	a manufacturer, distributor, or importer as provided in this
829	section.
830	(15)  "Motor vehicle" means a new vehicle, propelled by
831	power other than muscular power, which is sold in this state to
832	transport persons or property, and includes a recreational
833	vehicle or a vehicle used as a demonstrator or leased vehicle if
834	a manufacturer's warranty was issued as a condition of sale, or
835	the lessee is responsible for repairs, but does not include
836	vehicles run only upon tracks, off-road vehicles, trucks over
837	10,000 pounds gross vehicle weight, motorcycles, mopeds, or the
838	living facilities of recreational vehicles. "Living facilities
839	of recreational vehicles" are those portions designed, used, or
840	maintained primarily as living quarters and include, but are not
841	limited to, the flooring, plumbing system and fixtures, roof air
842	conditioner, furnace, generator, electrical systems other than
843	automotive circuits, the side entrance door, exterior
844	compartments, and windows other than the windshield and driver
845	and front passenger windows.
846	(16)  "Nonconformity" means a defect or condition that
847	substantially impairs the use, value, or safety of a motor
848	vehicle, but does not include a defect or condition that results
849	from an accident, abuse, neglect, modification, or alteration of
850	the motor vehicle by persons other than the manufacturer or its
851	authorized service agent.
852	(17)  "Procedure" means an informal dispute-settlement
853	procedure established by a manufacturer to mediate and arbitrate
854	motor vehicle warranty disputes.
855	(18)  "Program" means the mediation and arbitration pilot
856	program for recreational vehicles established in this part
857	chapter.
858	(19)  "Purchase price" means the cash price as defined in
859	s. 520.31(2), inclusive of any allowance for a trade-in vehicle,
860	but excludes debt from any other transaction. "Any allowance for
861	a trade-in vehicle" means the net trade-in allowance as
862	reflected in the purchase contract or lease agreement if
863	acceptable to the consumer and manufacturer. If such amount is
864	not acceptable to the consumer and manufacturer, then the trade-
865	in allowance shall be an amount equal to 100 percent of the
866	retail price of the trade-in vehicle as reflected in the NADA
867	Official Used Car Guide (Southeastern Edition) or NADA
868	Recreation Vehicle Appraisal Guide, whichever is applicable, in
869	effect at the time of the trade-in. The manufacturer shall be
870	responsible for providing the applicable NADA book.
871	(20)  "Reasonable offset for use" means the number of miles
872	attributable to a consumer up to the date of a settlement
873	agreement or arbitration hearing, whichever occurs first,
874	multiplied by the purchase price of the vehicle and divided by
875	120,000, except in the case of a recreational vehicle, in which
876	event it shall be divided by 60,000.
877	(21)  "Recreational vehicle" means a motor vehicle
878	primarily designed to provide temporary living quarters for
879	recreational, camping, or travel use, but does not include a van
880	conversion.
881	(22)  "Replacement motor vehicle" means a motor vehicle
882	which is identical or reasonably equivalent to the motor vehicle
883	to be replaced, as the motor vehicle to be replaced existed at
884	the time of acquisition. "Reasonably equivalent to the motor
885	vehicle to be replaced" means the manufacturer's suggested
886	retail price of the replacement vehicle shall not exceed 105
887	percent of the manufacturer's suggested retail price of the
888	motor vehicle to be replaced. In the case of a recreational
889	vehicle, "reasonably equivalent to the motor vehicle to be
890	replaced" means the retail price of the replacement vehicle
891	shall not exceed 105 percent of the purchase price of the
892	recreational vehicle to be replaced.
893	(23)  "Warranty" means any written warranty issued by the
894	manufacturer, or any affirmation of fact or promise made by the
895	manufacturer, excluding statements made by the dealer, in
896	connection with the sale of a motor vehicle to a consumer which
897	relates to the nature of the material or workmanship and affirms
898	or promises that such material or workmanship is free of defects
899	or will meet a specified level of performance.
900	Section 8.  Subsections (1) and (3) of section 681.103,
901	Florida Statutes, are amended to read:
902	681.103  Duty of manufacturer to conform a motor vehicle to
903	the warranty.--
904	(1)  If a motor vehicle does not conform to the warranty
905	and the consumer first reports the problem to the manufacturer
906	or its authorized service agent during the Lemon Law rights
907	period, the manufacturer or its authorized service agent shall
908	make such repairs as are necessary to conform the vehicle to the
909	warranty, irrespective of whether such repairs are made after
910	the expiration of the Lemon Law rights period. Such repairs
911	shall be at no cost to the consumer if made during the term of
912	the manufacturer's written express warranty. Nothing in this
913	paragraph shall be construed to grant an extension of the Lemon
914	Law rights period or to expand the time within which a consumer
915	must file a claim under this part chapter.
916	(3)  At the time of acquisition, the manufacturer shall
917	inform the consumer clearly and conspicuously in writing how and
918	where to file a claim with a certified procedure if such
919	procedure has been established by the manufacturer pursuant to
920	s. 681.108. The nameplate manufacturer of a recreational vehicle
921	shall, at the time of vehicle acquisition, inform the consumer
922	clearly and conspicuously in writing how and where to file a
923	claim with a program pursuant to s. 681.1096. The manufacturer
924	shall provide to the dealer and, at the time of acquisition, the
925	dealer shall provide to the consumer a written statement that
926	explains the consumer's rights under this part chapter. The
927	written statement shall be prepared by the Department of Legal
928	Affairs and shall contain a toll-free number for the division
929	that the consumer can contact to obtain information regarding
930	the consumer's rights and obligations under this part chapter or
931	to commence arbitration. If the manufacturer obtains a signed
932	receipt for timely delivery of sufficient quantities of this
933	written statement to meet the dealer's vehicle sales
934	requirements, it shall constitute prima facie evidence of
935	compliance with this subsection by the manufacturer. The
936	consumer's signed acknowledgment of receipt of materials
937	required under this subsection shall constitute prima facie
938	evidence of compliance by the manufacturer and dealer. The form
939	of the acknowledgments shall be approved by the Department of
940	Legal Affairs, and the dealer shall maintain the consumer's
941	signed acknowledgment for 3 years.
942	Section 9.  Paragraph (b) of subsection (2) and subsection
943	(4) of section 681.104, Florida Statutes, are amended to read:
944	681.104  Nonconformity of motor vehicles.--
945	(2)
946	(b)  Refunds shall be made to the consumer and lienholder
947	of record, if any, as their interests may appear. If applicable,
948	refunds shall be made to the lessor and lessee as follows: The
949	lessee shall receive the lessee cost and the lessor shall
950	receive the lease price less the lessee cost. A penalty for
951	early lease termination may not be assessed against a lessee who
952	receives a replacement motor vehicle or refund under this part
953	chapter. The Department of Revenue shall refund to the
954	manufacturer any sales tax which the manufacturer refunded to
955	the consumer, lienholder, or lessor under this section, if the
956	manufacturer provides to the department a written request for a
957	refund and evidence that the sales tax was paid when the vehicle
958	was purchased and that the manufacturer refunded the sales tax
959	to the consumer, lienholder, or lessor.
960	(4)  It is an affirmative defense to any claim under this
961	part chapter that:
962	(a)  The alleged nonconformity does not substantially
963	impair the use, value, or safety of the motor vehicle;
964	(b)  The nonconformity is the result of an accident, abuse,
965	neglect, or unauthorized modifications or alterations of the
966	motor vehicle by persons other than the manufacturer or its
967	authorized service agent; or
968	(c)  The claim by the consumer was not filed in good faith.
969
970	Any other affirmative defense allowed by law may be raised
971	against the claim.
972	Section 10.  Subsections (1), (4), and (5) of section
973	681.108, Florida Statutes, are amended to read:
974	681.108  Dispute-settlement procedures.--
975	(1)  If a manufacturer has established a procedure, which
976	the division has certified as substantially complying with the
977	provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
978	with the provisions of this part chapter and the rules adopted
979	under this part chapter, and has informed the consumer how and
980	where to file a claim with such procedure pursuant to s.
981	681.103(3), the provisions of s. 681.104(2) apply to the
982	consumer only if the consumer has first resorted to such
983	procedure. The decisionmakers for a certified procedure shall,
984	in rendering decisions, take into account all legal and
985	equitable factors germane to a fair and just decision,
986	including, but not limited to, the warranty; the rights and
987	remedies conferred under 16 C.F.R. part 703, in effect October
988	1, 1983; the provisions of this part chapter; and any other
989	equitable considerations appropriate under the circumstances.
990	Decisionmakers and staff of a procedure shall be trained in the
991	provisions of this part chapter and in 16 C.F.R. part 703, in
992	effect October 1, 1983. In an action brought by a consumer
993	concerning an alleged nonconformity, the decision that results
994	from a certified procedure is admissible in evidence.
995	(4)  Any manufacturer establishing or applying to establish
996	a certified procedure must file with the division a copy of the
997	annual audit required under the provisions of 16 C.F.R. part
998	703, in effect October 1, 1983, together with any additional
999	information required for purposes of certification, including
1000	the number of refunds and replacements made in this state
1001	pursuant to the provisions of this part chapter by the
1002	manufacturer during the period audited.
1003	(5)  The division shall review each certified procedure at
1004	least annually, prepare an annual report evaluating the
1005	operation of certified procedures established by motor vehicle
1006	manufacturers and procedures of applicants seeking
1007	certification, and, for a period not to exceed 1 year, shall
1008	grant certification to, or renew certification for, those
1009	manufacturers whose procedures substantially comply with the
1010	provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
1011	with the provisions of this part chapter and rules adopted under
1012	this part chapter. If certification is revoked or denied, the
1013	division shall state the reasons for such action. The reports
1014	and records of actions taken with respect to certification shall
1015	be public records.
1016	Section 11.  Subsections (5) and (7) of section 681.109,
1017	Florida Statutes, are amended to read:
1018	681.109  Florida New Motor Vehicle Arbitration Board;
1019	dispute eligibility.--
1020	(5)  The division shall screen all requests for arbitration
1021	before the board to determine eligibility. The consumer's
1022	request for arbitration before the board shall be made on a form
1023	prescribed by the department. The division shall forward to the
1024	board all disputes that the division determines are potentially
1025	entitled to relief under this part chapter.
1026	(7)  If the division rejects a dispute, the consumer may
1027	file a lawsuit to enforce the remedies provided under this part
1028	chapter. In any civil action arising under this part chapter and
1029	relating to a matter considered by the division, any
1030	determination made to reject a dispute is admissible in
1031	evidence.
1032	Section 12.  Subsections (1), (3), (9), and (10) of section
1033	681.1095, Florida Statutes, are amended to read:
1034	681.1095  Florida New Motor Vehicle Arbitration Board;
1035	creation and function.--
1036	(1)  There is established within the Department of Legal
1037	Affairs, the Florida New Motor Vehicle Arbitration Board,
1038	consisting of members appointed by the Attorney General for an
1039	initial term of 1 year. Board members may be reappointed for
1040	additional terms of 2 years. Each board member is accountable to
1041	the Attorney General for the performance of the member's duties
1042	and is exempt from civil liability for any act or omission which
1043	occurs while acting in the member's official capacity. The
1044	Department of Legal Affairs shall defend a member in any action
1045	against the member or the board which arises from any such act
1046	or omission. The Attorney General may establish as many regions
1047	of the board as necessary to carry out the provisions of this
1048	part chapter.
1049	(3)  Each region of the board shall consist of up to eight
1050	members. The members of the board shall construe and apply the
1051	provisions of this part chapter, and rules adopted thereunder,
1052	in making their decisions. An administrator and a secretary
1053	shall be assigned to each board by the Department of Legal
1054	Affairs. At least one member of each board must be a person with
1055	expertise in motor vehicle mechanics. A member must not be
1056	employed by a manufacturer or a franchised motor vehicle dealer
1057	or be a staff member, a decisionmaker, or a consultant for a
1058	procedure. Board members shall be trained in the application of
1059	this part chapter and any rules adopted under this part chapter,
1060	shall be reimbursed for travel expenses pursuant to s. 112.061,
1061	and shall be compensated at a rate or wage prescribed by the
1062	Attorney General.
1063	(9)  The decision of the board shall be sent by registered
1064	mail to the consumer and the manufacturer, and shall contain
1065	written findings of fact and rationale for the decision. If the
1066	decision is in favor of the consumer, the manufacturer must,
1067	within 40 days after receipt of the decision, comply with the
1068	terms of the decision. Compliance occurs on the date the
1069	consumer receives delivery of an acceptable replacement motor
1070	vehicle or the refund specified in the arbitration award. In any
1071	civil action arising under this part chapter and relating to a
1072	dispute arbitrated before the board, any decision by the board
1073	is admissible in evidence.
1074	(10)  A decision is final unless appealed by either party.
1075	A petition to the circuit court to appeal a decision must be
1076	made within 30 days after receipt of the decision. The petition
1077	shall be filed in the county where the consumer resides, or
1078	where the motor vehicle was acquired, or where the arbitration
1079	hearing was conducted. Within 7 days after the petition has been
1080	filed, the appealing party must send a copy of the petition to
1081	the department. If the department does not receive notice of
1082	such petition within 40 days after the manufacturer's receipt of
1083	a decision in favor of the consumer, and the manufacturer has
1084	neither complied with, nor has petitioned to appeal such
1085	decision, the department may apply to the circuit court to seek
1086	imposition of a fine up to $1,000 per day against the
1087	manufacturer until the amount stands at twice the purchase price
1088	of the motor vehicle, unless the manufacturer provides clear and
1089	convincing evidence that the delay or failure was beyond its
1090	control or was acceptable to the consumer as evidenced by a
1091	written statement signed by the consumer. If the manufacturer
1092	fails to provide such evidence or fails to pay the fine, the
1093	department shall initiate proceedings against the manufacturer
1094	for failure to pay such fine. The proceeds from the fine herein
1095	imposed shall be placed in the Motor Vehicle Warranty Trust Fund
1096	in the department for implementation and enforcement of this
1097	part chapter. If the manufacturer fails to comply with the
1098	provisions of this subsection, the court shall affirm the award
1099	upon application by the consumer.
1100	Section 13.  Subsections (1) and (2), paragraph (j) of
1101	subsection (3), and subsections (4), (6), (7), and (8) of
1102	section 681.1096, Florida Statutes, are amended to read:
1103	681.1096  RV Mediation and Arbitration Program; creation
1104	and qualifications.--
1105	(1)  This section and s. 681.1097 shall apply to disputes
1106	determined eligible under this part chapter involving
1107	recreational vehicles acquired on or after October 1, 1997.
1108	(2)  Each manufacturer of a recreational vehicle involved
1109	in a dispute that is determined eligible under this part
1110	chapter, including chassis and component manufacturers which
1111	separately warrant the chassis and components and which
1112	otherwise meet the definition of manufacturer set forth in s.
1113	681.102(14), shall participate in a mediation and arbitration
1114	program that is deemed qualified by the department.
1115	(3)  In order to be deemed qualified by the department, the
1116	mediation and arbitration program must, at a minimum, meet the
1117	following requirements:
1118	(j)  The program must ensure that the mediators and
1119	arbitrators are sufficiently trained in the program rules and
1120	procedures and in the provisions of this part chapter at least
1121	every other year and as a precondition to serving in the
1122	program. The program shall monitor the performance of the
1123	mediators and arbitrators to ensure that they are performing
1124	competently and impartially and are complying with all program
1125	rules and procedures and the provisions of this part chapter.
1126	(4)  The department shall monitor the program for
1127	compliance with this part chapter. If the program is determined
1128	not qualified or if qualification is revoked, then disputes
1129	shall be subject to the provisions of ss. 681.109 and 681.1095.
1130	If the program is determined not qualified or if qualification
1131	is revoked as to a manufacturer, all those manufacturers
1132	potentially involved in the eligible consumer dispute shall be
1133	required to submit to arbitration conducted by the board if such
1134	arbitration is requested by a consumer and the dispute is deemed
1135	eligible for arbitration by the division pursuant to s. 681.109.
1136	A consumer having a dispute involving one or more manufacturers
1137	for which the program has been determined not qualified, or for
1138	which qualification has been revoked, is not required to submit
1139	the dispute to the program irrespective of whether the program
1140	may be qualified as to some of the manufacturers potentially
1141	involved in the dispute.
1142	(6)  If a program is determined not qualified or if
1143	qualification is revoked, or if program qualification is revoked
1144	as to a particular manufacturer, the program administrator and
1145	the involved manufacturer, if any, shall be notified by the
1146	department of any deficiencies in the program or, in the case of
1147	a manufacturer, notified of the manufacturer's conduct in
1148	violation of this part chapter or the rules adopted thereunder
1149	by the department, shall be given an opportunity to correct such
1150	deficiencies, except as set forth by the department by rule, and
1151	shall be informed that it is entitled to a hearing pursuant to
1152	chapter 120.
1153	(7)  The program administrator, mediators, and arbitrators
1154	are exempt from civil liability arising from any act or omission
1155	in connection with any mediation or arbitration conducted under
1156	this part chapter.
1157	(8)  The program administrator shall maintain records of
1158	each dispute submitted to the program, including the recordings
1159	of arbitration hearings. Such records shall be maintained in a
1160	manner separate from other unrelated records of the program. All
1161	records maintained by the program under this part chapter shall
1162	be public records and shall be available for inspection by the
1163	department upon reasonable notice. The program shall retain all
1164	records for each dispute for at least 5 years after the final
1165	disposition of the dispute. The program shall furnish the
1166	department with copies of all settlement agreements and
1167	decisions within 30 days after the date of such settlements and
1168	decisions.
1169	Section 14.  Paragraph (b) of subsection (3), subsection
1170	(4), paragraphs (c) and (e) of subsection (5), and subsection
1171	(8) of section 681.1097, Florida Statutes, are amended to read:
1172	681.1097  RV Mediation and Arbitration Program; dispute
1173	eligibility and program function.--
1174	(3)  The consumer's application for participation in the
1175	program must be on a form prescribed by the program. The program
1176	administrator shall screen all applications to participate in
1177	the program to determine eligibility.
1178	(b)  If the program administrator rejects a dispute, the
1179	consumer may file a lawsuit to enforce the remedies provided
1180	under this part chapter. In any civil action arising under this
1181	part chapter and relating to the matter considered by the
1182	program, any determination made to reject a dispute is
1183	admissible in evidence.
1184	(4)  Mediation shall be mandatory for both the consumer and
1185	manufacturer, unless the dispute is settled prior to the
1186	scheduled mediation conference. The mediation conference shall
1187	be confidential and inadmissible in any subsequent adversarial
1188	proceedings. Participation shall be limited to the parties
1189	directly involved in the dispute and their attorneys, if any.
1190	All manufacturers shall be represented by persons with
1191	settlement authority. The parties may, by agreement, consent to
1192	expand the scope of a mediation conference to attempt to resolve
1193	warranty claims by the consumer which may not be covered under
1194	this part chapter, if such claims were reported by the consumer
1195	to the manufacturer or its authorized service agent during the
1196	term of the manufacturer's express warranty.
1197	(a)  Upon determination that an application is eligible,
1198	the program administrator shall notify the consumer and all
1199	involved manufacturers in writing that an eligible application
1200	has been received. Such notification shall include a statement
1201	that a mediation conference will be scheduled, shall identify
1202	the assigned mediator, and provide information regarding the
1203	program's procedures. The program administrator shall provide
1204	all involved manufacturers with a copy of the completed
1205	application and obtain from each manufacturer a written response
1206	to the allegations contained in the application along with
1207	copies of any documents in support of such response. The written
1208	response shall be on a form and submitted in the manner
1209	prescribed by the program.
1210	(b)  The mediator shall be selected and assigned by the
1211	program administrator. The parties may factually object to a
1212	mediator based upon the mediator's past or present relationship
1213	with a party or a party's attorney, direct or indirect, whether
1214	financial, professional, social, or of any other kind. The
1215	program administrator shall consider any such objection,
1216	determine its validity, and notify the parties of any
1217	determination. If the objection is determined valid, the program
1218	administrator shall assign another mediator to the case.
1219	(c)  At the mediation conference, the mediator shall assist
1220	the parties' efforts to reach a mutually acceptable settlement
1221	of their dispute; however, the mediator shall not impose any
1222	settlement upon the parties.
1223	(d)  Upon conclusion of the mediation conference, the
1224	mediator shall notify the program administrator that the case
1225	has settled or remains at an impasse.
1226	(e)  If the mediation conference ends in an impasse, it
1227	shall proceed to arbitration pursuant to subsection (5). The
1228	program administrator shall immediately notify the parties in
1229	writing that the dispute will proceed to arbitration and shall
1230	identify the assigned arbitrator.
1231	(f)  If the parties enter into a settlement at any time
1232	after the dispute has been submitted to the program, such
1233	settlement must be reduced to legible writing, signed by the
1234	consumer and all involved manufacturers, and filed with the
1235	program administrator. All settlements must contain, at a
1236	minimum, the following information:
1237	1.  Name and address of the consumer.
1238	2.  Name and address of each involved manufacturer.
1239	3.  Year, make, model, and vehicle identification number of
1240	the subject recreational vehicle.
1241	4.  Name and address of the dealership from which the
1242	recreational vehicle was acquired.
1243	5.  Date the claim was received by the program
1244	administrator.
1245	6.  Name of the mediator or arbitrator, if any.
1246	7.  A complete statement of the terms of the agreement,
1247	including, but not limited to: whether the vehicle is to be
1248	reacquired by a manufacturer and the identity of the
1249	manufacturer that will reacquire the vehicle; the amount of any
1250	moneys to be paid by the consumer or a manufacturer; the year,
1251	make, and model of any replacement motor vehicle or motor
1252	vehicle accepted by the consumer as a trade-assist; the date,
1253	time, location, and nature of any agreed-upon repair or
1254	replacement of a component part or accessory and an estimate as
1255	to the anticipated length of time for such repair or
1256	replacement; and a time certain for performance not to exceed 40
1257	days from the date the settlement agreement is signed by the
1258	parties.
1259	(g)  If a manufacturer fails to perform within the time
1260	required in any settlement agreement, the consumer must notify
1261	the program administrator of such failure in writing within 30
1262	days of the required performance date. Within 10 days of receipt
1263	of such notice, the program administrator shall determine
1264	whether the dispute is eligible to proceed to arbitration and
1265	shall schedule the matter for an arbitration hearing pursuant to
1266	subsection (5). If the program administrator determines the
1267	dispute is not eligible for arbitration, the dispute shall be
1268	rejected pursuant to subsection (3).
1269	(5)  Arbitration proceedings shall be open to the public on
1270	reasonable and nondiscriminatory terms.
1271	(c)  At all program arbitration proceedings, the parties
1272	may present oral and written testimony, present witnesses and
1273	evidence relevant to the dispute, cross-examine witnesses, and
1274	be represented by counsel. The technical rules of evidence as
1275	are applicable to civil court proceedings do not apply to
1276	arbitrations conducted by the program. The arbitrator shall
1277	record the arbitration hearing and shall have the power to
1278	administer oaths. The arbitrator may inspect the vehicle if
1279	requested by a party or if the arbitrator considers such
1280	inspection appropriate. The parties may, by mutual written
1281	agreement, consent to expand the scope of the arbitration
1282	hearing to permit consideration by the arbitrator of warranty
1283	claims by the consumer that may not be covered under this part
1284	chapter, provided such claims were first reported by the
1285	consumer to the manufacturer or its authorized service agent
1286	during the term of the manufacturer's express warranty.
1287	(e)  The arbitrator shall, in rendering decisions, take
1288	into account all legal and equitable factors germane to a fair
1289	and just decision, including, but not limited to, the warranty
1290	and the provisions of this part chapter.
1291	(8)  In any civil action arising under this part chapter
1292	relating to a dispute arbitrated pursuant to this section, the
1293	decision of the arbitrator is admissible in evidence.
1294	Section 15.  Section 681.110, Florida Statutes, is amended
1295	to read:
1296	681.110  Compliance and disciplinary actions.--The
1297	Department of Legal Affairs may enforce and ensure compliance
1298	with the provisions of this part chapter and rules adopted
1299	thereunder, may issue subpoenas requiring the attendance of
1300	witnesses and production of evidence, and may seek relief in the
1301	circuit court to compel compliance with such subpoenas. The
1302	Department of Legal Affairs may impose a civil penalty against a
1303	manufacturer not to exceed $1,000 for each count or separate
1304	offense. The proceeds from the fine imposed herein shall be
1305	placed in the Motor Vehicle Warranty Trust Fund in the
1306	Department of Legal Affairs for implementation and enforcement
1307	of this part chapter.
1308	Section 16.  Section 681.111, Florida Statutes, is amended
1309	to read:
1310	681.111  Unfair or deceptive trade practice.--A violation
1311	by a manufacturer of this part chapter is an unfair or deceptive
1312	trade practice as defined in part II of chapter 501.
1313	Section 17.  Section 681.112, Florida Statutes, is amended
1314	to read:
1315	681.112  Consumer remedies.--
1316	(1)  A consumer may file an action to recover damages
1317	caused by a violation of this part chapter. The court shall
1318	award a consumer who prevails in such action the amount of any
1319	pecuniary loss, litigation costs, reasonable attorney's fees,
1320	and appropriate equitable relief.
1321	(2)  An action brought under this part chapter must be
1322	commenced within 1 year after the expiration of the Lemon Law
1323	rights period, or, if a consumer resorts to an informal dispute-
1324	settlement procedure or submits a dispute to the division or
1325	board, within 1 year after the final action of the procedure,
1326	division, or board.
1327	(3)  This part chapter does not prohibit a consumer from
1328	pursuing other rights or remedies under any other law.
1329	Section 18.  Section 681.113, Florida Statutes, is amended
1330	to read:
1331	681.113  Dealer liability.--Except as provided in ss.
1332	681.103(3) and 681.114(2), nothing in this part chapter imposes
1333	any liability on a dealer as defined in s. 320.60(11)(a) or
1334	creates a cause of action by a consumer against a dealer, except
1335	for written express warranties made by the dealer apart from the
1336	manufacturer's warranties. A dealer may not be made a party
1337	defendant in any action involving or relating to this part
1338	chapter, except as provided in this section. The manufacturer
1339	shall not charge back or require reimbursement by the dealer for
1340	any costs, including, but not limited to, any refunds or vehicle
1341	replacements, incurred by the manufacturer arising out of this
1342	part chapter, in the absence of evidence that the related
1343	repairs had been carried out by the dealer in a manner
1344	substantially inconsistent with the manufacturer's published
1345	instructions.
1346	Section 19.  Subsections (1) and (2) of section 681.114,
1347	Florida Statutes, are amended to read:
1348	681.114  Resale of returned vehicles.--
1349	(1)  A manufacturer who accepts the return of a motor
1350	vehicle by reason of a settlement, determination, or decision
1351	pursuant to this part chapter shall notify the department and
1352	report the vehicle identification number of that motor vehicle
1353	within 10 days after such acceptance, transfer, or disposal of
1354	the vehicle, whichever occurs later.
1355	(2)  A person shall not knowingly lease, sell at wholesale
1356	or retail, or transfer a title to a motor vehicle returned by
1357	reason of a settlement, determination, or decision pursuant to
1358	this part chapter or similar statute of another state unless the
1359	nature of the nonconformity is clearly and conspicuously
1360	disclosed to the prospective transferee, lessee, or buyer, and
1361	the manufacturer warrants to correct such nonconformity for a
1362	term of 1 year or 12,000 miles, whichever occurs first. The
1363	Department of Legal Affairs shall prescribe by rule the form,
1364	content, and procedure pertaining to such disclosure statement.
1365	Section 20.  Section 681.115, Florida Statutes, is amended
1366	to read:
1367	681.115  Certain agreements void.--Any agreement entered
1368	into by a consumer that waives, limits, or disclaims the rights
1369	set forth in this part chapter, or that requires a consumer not
1370	to disclose the terms of such agreement as a condition thereof,
1371	is void as contrary to public policy. The rights set forth in
1372	this part chapter shall extend to a subsequent transferee of
1373	such motor vehicle.
1374	Section 21.  Section 681.116, Florida Statutes, is amended
1375	to read:
1376	681.116  Preemption.--This part chapter preempts any
1377	similar county or municipal ordinance regarding consumer
1378	warranty rights resulting from the acquisition of a motor
1379	vehicle in this state.
1380	Section 22.  Section 681.118, Florida Statutes, is amended
1381	to read:
1382	681.118  Rulemaking authority.--The Department of Legal
1383	Affairs shall adopt rules pursuant to ss. 120.536(1) and 120.54
1384	to implement the provisions of this part chapter.
1385
1386
1387	======= T I T L E  A M E N D M E N T =======
1388	Remove lines 6 and 7, and insert:
1389	An act relating to transportation administration; creating s.
1390	681.201, F.S.; creating the "Vessel Warranty Enforcement Act";
1391	creating s. 681.202, F.S.; providing legislative intent;
1392	creating s. 681.203, F.S.; providing definitions; creating s.
1393	681.204, F.S.; providing for the duty of the manufacturer to
1394	conform the vessel to the warranty; creating s. 681.205, F.S.;
1395	providing for nonconformity of vessels; creating s. 681.206,
1396	F.S.; providing for bad faith claims; creating s. 681.207, F.S.;
1397	providing for dispute-settlement procedures; creating s.
1398	681.208, F.S.; providing for dispute eligibility with the
1399	Florida New Vessel Arbitration Board; creating s. 681.209, F.S.;
1400	creating the Florida New Vessel Arbitration Board; providing for
1401	duties and functions; creating s. 681.210, F.S.; providing for
1402	compliance and disciplinary actions; creating s. 681.211, F.S.;
1403	providing that certain violations are unfair or deceptive trade
1404	practices; creating s. 681.212, F.S.; providing for consumer
1405	remedies; creating s. 681.213, F.S.; providing for vessel dealer
1406	liability; creating s. 681.214, F.S.; providing for the resale
1407	of returned vessels; creating s. 681.215, F.S.; providing that
1408	certain agreements are void; creating s. 681.216, F.S.;
1409	providing a fee; creating s. 681.217, F.S.; providing effect and
1410	application; creating s. 681.218, F.S.; providing for
1411	preemption; creating s. 681.219, F.S.; providing for rules;
1412	amending ss. 319.14, 320.64, 520.07, 681.10, 681.101, 681.102,
1413	681.103, 681.104, 681.108, 681.109, 681.1095, 681.1096,
1414	681.1097, 681.110, 681.111, 681.112, 681.113, 681.114, 681.115,
1415	681.116, and 681.118, F.S.; correcting references to conform to
1416	changes made by the act; amending s. 627.744, F.S.;

CODING: Words stricken are deletions; words underlined are additions.