Florida Senate - 2011 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 2122
Senate . House
Floor: AD/CR .
05/06/2011 05:36 PM .
The Conference Committee on SB 2122 recommended the following:
1 Senate Conference Committee Amendment (with title
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (2) of section 20.14, Florida
7 Statutes, is amended to read:
8 20.14 Department of Agriculture and Consumer Services.
9 There is created a Department of Agriculture and Consumer
11 (2) The following divisions of the Department of
12 Agriculture and Consumer Services are established:
13 (a) Administration.
14 (b) Agricultural Environmental Services.
15 (c) Animal Industry.
16 (d) Aquaculture.
17 (e) Consumer Services.
(f) Dairy Industry.
19 (f) (g) Food Safety.
20 (g) (h) Florida Forest Service Forestry.
21 (h) (i) Fruit and Vegetables.
22 (i) (j) Licensing.
23 (j) (k) Marketing and Development.
24 (k) (l) Plant Industry.
25 (l) (m) Standards.
26 Section 2. Section 320.90, Florida Statutes, is amended to
28 320.90 Notification of consumer’s rights.—The department
29 shall develop a motor vehicle consumer’s rights pamphlet which
30 shall be distributed free of charge by the Department of Legal
31 Affairs Agriculture and Consumer Services to the motor vehicle
32 owner upon request. Such pamphlet must contain information
33 relating to odometer fraud and provide a summary of the rights
34 and remedies available to all purchasers of motor vehicles.
35 Section 3. Subsection (8) of section 501.160, Florida
36 Statutes, is amended to read:
37 501.160 Rental or sale of essential commodities during a
38 declared state of emergency; prohibition against unconscionable
40 (8) Any violation of this section may be enforced by the
41 Department of Agriculture and Consumer Services, the office of
42 the state attorney , or the Department of Legal Affairs.
43 Section 4. For the purpose of incorporating the amendment
44 made by this act to section 570.29, Florida Statutes, in a
45 reference thereto, section 570.18, Florida Statutes, is
46 reenacted to read:
47 570.18 Organization of departmental work.—In the assignment
48 of functions to the 12 divisions of the department created in s.
49 570.29, the department shall retain within the Division of
50 Administration, in addition to executive functions, those powers
51 and duties enumerated in s. 570.30. The department shall
52 organize the work of the other 11 divisions in such a way as to
53 secure maximum efficiency in the conduct of the department. The
54 divisions created in s. 570.29 are solely to make possible the
55 definite placing of responsibility. The department shall be
56 conducted as a unit in which every employee, including each
57 division director, is assigned a definite workload, and there
58 shall exist between division directors a spirit of cooperative
59 effort to accomplish the work of the department.
60 Section 5. Subsection (2) of section 570.20, Florida
61 Statutes, is amended to read:
62 570.20 General Inspection Trust Fund.—
63 (2) For the 2010-2011 fiscal year only and Notwithstanding
64 any other provision of law to the contrary, in addition to the
65 spending authorized in subsection (1) , moneys in the General
66 Inspection Trust Fund may be appropriated for programs operated
67 by the department which are related to the programs authorized
68 by this chapter in addition to the spending authorized in
69 subsection (1). This subsection expires July 1, 2011 .
70 Section 6. Section 570.29, Florida Statutes, is amended to
72 570.29 Departmental divisions.—The department shall include
73 the following divisions:
74 (1) Administration.
75 (2) Agricultural Environmental Services.
76 (3) Animal Industry.
77 (4) Aquaculture.
78 (5) Consumer Services.
79 (6) Dairy Industry.
80 (6) (7) Food Safety.
81 (7) (8) Florida Forest Service Forestry.
82 (8) (9) Fruit and Vegetables.
83 (9) Licensing.
84 (10) Marketing and Development.
85 (11) Plant Industry.
86 (12) Standards.
87 Section 7. Sections 570.40 and 570.41, Florida Statutes,
88 are repealed.
89 Section 8. Subsections (6) and (7) are added to section
90 570.50, Florida Statutes, to read:
91 570.50 Division of Food Safety; powers and duties.—The
92 duties of the Division of Food Safety include, but are not
93 limited to:
94 (6) Inspecting dairy farms of the state and enforcing those
95 provisions of chapter 502 as are authorized by the department
96 relating to the supervision of milking operations and the rules
97 adopted pursuant to such law.
98 (7) Inspecting milk plants, milk product plants, and plants
99 engaged in the manufacture and distribution of frozen desserts
100 and frozen dessert mixes; analyzing and testing samples of milk,
101 milk products, frozen desserts, and frozen dessert mixes which
102 are collected by the division; and enforcing those provisions of
103 chapter 502 or chapter 503 as are authorized by the department.
104 Section 9. Section 570.548, Florida Statutes, is amended to
106 570.548 Florida Forest Service Division of Forestry; powers
107 and duties.—The duties of the Florida Forest Service Division of
108 Forestry include, but are not limited to, administering and
109 enforcing those powers and responsibilities of the Florida
110 Forest Service division prescribed in chapters 589, 590, and 591
111 and the rules adopted pursuant thereto and in other forest fire,
112 forest protection, and forest management laws of this state.
113 Section 10. Section 570.549, Florida Statutes, is amended
114 to read:
115 570.549 Director; duties.—
116 (1) The director of the Florida Forest Service Division of
117 Forestry shall be appointed by the commissioner and shall serve
118 at the commissioner’s pleasure.
119 (2) It shall be the duty of the director of the Florida
120 Forest Service this division to direct and supervise the overall
121 operation of the Florida Forest Service division and to exercise
122 such other powers and duties as authorized by the department.
123 Section 11. Subsection (1) of section 570.903, Florida
124 Statutes, is amended to read:
125 570.903 Direct-support organization.—
126 (1) When the Legislature authorizes the establishment of a
127 direct-support organization to provide assistance for the
128 museums, the Florida Agriculture in the Classroom Program, the
129 Florida State Collection of Arthropods, the Friends of the
130 Florida State Forests Program of the Florida Forest Service
131 Division of Forestry, and the Forestry Arson Alert Program, and
132 other programs of the department, the following provisions shall
133 govern the creation, use, powers, and duties of the direct
134 support organization.
135 (a) The department shall enter into a memorandum or letter
136 of agreement with the direct-support organization, which shall
137 specify the approval of the department, the powers and duties of
138 the direct-support organization, and rules with which the
139 direct-support organization shall comply.
140 (b) The department may permit, without charge, appropriate
141 use of property, facilities, and personnel of the department by
142 a direct-support organization, subject to the provisions of ss.
143 570.902 and 570.903. The use shall be directly in keeping with
144 the approved purposes of the direct-support organization and
145 shall not be made at times or places that would unreasonably
146 interfere with opportunities for the general public to use
147 department facilities for established purposes.
148 (c) The department shall prescribe by contract or by rule
149 conditions with which a direct-support organization shall comply
150 in order to use property, facilities, or personnel of the
151 department or museum. Such rules shall provide for budget and
152 audit review and oversight by the department.
153 (d) The department shall not permit the use of property,
154 facilities, or personnel of the museum, department, or
155 designated program by a direct-support organization which does
156 not provide equal employment opportunities to all persons
157 regardless of race, color, religion, sex, age, or national
159 Section 12. The Division of Statutory Revision is requested
160 to prepare a reviser’s bill for introduction at a subsequent
161 session of the Legislature which replaces all statutory
162 references to the Division of Forestry with the term “Florida
163 Forest Service.”
164 Section 13. Subsection (1), paragraph (a) of subsection
165 (2), and subsection (4) of section 601.04, Florida Statutes, are
166 amended to read:
167 601.04 Florida Citrus Commission; creation and membership.—
168 (1)(a) There is hereby created and established within the
169 Department of Citrus a board to be known and designated as the
170 “Florida Citrus Commission” to be composed of nine 12 practical
171 citrus fruit persons who are resident citizens of the state,
172 each of whom is and has been actively engaged in growing,
173 growing and shipping, or growing and processing of citrus fruit
174 in the state for a period of at least 5 years immediately prior
175 to appointment to the said commission and has, during said
176 period, derived a major portion of her or his income therefrom
177 or, during said time, has been the owner of, member of, officer
178 of, or paid employee of a corporation, firm, or partnership
179 which has, during said time, derived the major portion of its
180 income from the growing, growing and shipping, or growing and
181 processing of citrus fruit.
182 (b) Six Seven members of the commission shall be designated
183 as grower members and shall be primarily engaged in the growing
184 of citrus fruit as an individual owner; as the owner of, or as
185 stockholder of, a corporation; or as a member of a firm or
186 partnership primarily engaged in citrus growing. None of such
187 members shall receive any compensation from any licensed citrus
188 fruit dealer or handler, as defined in s. 601.03, other than
189 gift fruit shippers, but any of the grower members shall not be
190 disqualified as a member if, individually, or as the owner of, a
191 member of, an officer of, or a stockholder of a corporation,
192 firm, or partnership primarily engaged in citrus growing which
193 processes, packs, and markets its own fruit and whose business
194 is primarily not purchasing and handling fruit grown by others.
195 Three Five members of the commission shall be designated as
196 grower-handler members and shall be engaged as owners, or as
197 paid officers or employees, of a corporation, firm, partnership,
198 or other business unit engaged in handling citrus fruit. One Two
199 of such three five grower-handler members shall be primarily
200 engaged in the fresh fruit business and two three of such three
201 five grower-handler members shall be primarily engaged in the
202 processing of citrus fruits.
203 (c) There shall be three members of the commission from
204 each of the three four citrus districts. Each member must reside
205 in the district from which she or he was appointed. For the
206 purposes of this section, the residence of a member shall be the
207 actual physical and permanent residence of the member.
208 (2)(a) The members of such commission shall possess the
209 qualifications herein provided and shall be appointed by the
210 Governor for terms of 3 years each. Appointments shall be made
211 by February 1 preceding the commencement of the term and shall
212 be subject to confirmation by the Senate in the following
213 legislative session. Four members shall be appointed each year.
214 Such members shall serve until their respective successors are
215 appointed and qualified. The regular terms shall begin on June 1
216 and shall end on May 31 of the third year after such
217 appointment. Effective July 1, 2011, the terms of all members of
218 the commission appointed on or before May 1, 2011, are
219 terminated and the Governor shall appoint the members of the
220 commission in accordance with the provisions of this act.
221 (4) It is the intent of the Legislature that the commission
222 be redistricted every 5 years. Redistricting shall be based on
223 the total boxes produced from each of the three four districts
224 during that 5-year period.
225 Section 14. Section 601.09, Florida Statutes, is amended to
227 601.09 Citrus districts.—For purposes of this chapter, the
228 state is divided into three four districts composed of the
229 following counties:
230 (1) Citrus District One: Levy, Alachua, Brevard, Putnam,
231 St. Johns, St. Lucie, Flagler, Indian River, Marion, Citrus,
232 Sumter, Lake, Seminole, Orange, Okeechobee, Hernando, Pasco,
233 Pinellas, Hillsborough, Polk, Volusia, and Osceola Counties.
234 (2) Citrus District Two: Manatee, Hardee, DeSoto,
235 Highlands, Sarasota, Charlotte, Lee, Collier, and Glades Monroe
237 (3) Citrus District Three: Charlotte, Citrus, Collier,
238 Hernando, Hendry, Hillsborough, Lake, Lee, Manatee, Monroe,
239 Volusia, Brevard, Indian River, St. Lucie, Martin, Pasco, Palm
240 Beach, Pinellas, Sarasota, Sumter, Broward, and Miami-Dade
242 (4) Citrus District Four: Highlands, Okeechobee, Glades,
243 and Hendry Counties.
244 Section 15. Subsection (3) of section 601.10, Florida
245 Statutes, is amended to read:
246 601.10 Powers of the Department of Citrus.—The Department
247 of Citrus shall have and shall exercise such general and
248 specific powers as are delegated to it by this chapter and other
249 statutes of the state, which powers shall include, but shall not
250 be confined to, the following:
251 (3) To employ and, at its pleasure, discharge an executive
252 director , a secretary, and such attorneys, clerks, and employees
253 as it deems necessary and to outline his or her their powers and
254 duties and fix his or her their compensation.
255 (a) The executive director of the department shall be
256 appointed by a majority vote of the commission for a term of 4
257 years, except for the initial term, and the executive director
258 shall be subject to confirmation by the Senate in the
259 legislative session following appointment.
260 1. The initial term of the executive director ends June 30,
261 2011, and each subsequent 4-year term begins July 1, and shall
262 be filled in the same manner as the original appointment.
263 2. A vacancy for the executive director shall be filled for
264 the unexpired portion of the term in the same manner as the
265 original appointment.
266 (b) The Department of Citrus may pay, or participate in the
267 payment of, premiums for health, accident, and life insurance
268 for its full-time employees, pursuant to such rules or
269 regulations as it may adopt; and such payments shall be in
270 addition to the regular salaries of such full-time employees.
271 The payment of such or similar benefits to its employees in
272 foreign countries, including, but not limited to, social
273 security, retirement, and other similar fringe benefit costs,
274 may be in accordance with laws in effect in the country of
275 employment, except that no benefits will be payable to employees
276 not authorized for other state employees, as provided in the
277 Career Service System.
278 (c) Employees of the department shall work a 5-day, 40-hour
279 week. Unless an employee is on approved leave, an employee’s
280 salary shall be decreased by 20 percent for each day not worked
281 during the 5-day work week if the employee chooses to regularly
282 work less than a 5-day work week.
283 Section 16. Paragraph (a) of subsection (3) of section
284 601.15, Florida Statutes, is amended to read:
285 601.15 Advertising campaign; methods of conducting; excise
286 tax; emergency reserve fund; citrus research.—
287 (3)(a) There is hereby levied and imposed upon each
288 standard-packed box of citrus fruit grown and placed into the
289 primary channel of trade in this state an excise tax at maximum
290 annual rates for each citrus season as determined from the
291 tables in this paragraph and based upon the previous season’s
292 actual statewide production as reported in the United States
293 Department of Agriculture Citrus Crop Production Forecast as of
294 June 1. The rates may be set at any lower rate in any year
295 pursuant to paragraph (e).
296 1. The following maximum tax rates, expressed in cents per
297 box, shall apply to grapefruit which enters the primary channel
298 of trade for use in fresh form:
299 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
301 80 andgreater 33 34 35 36 37
302 75-79.99 35 36 37 38 39
303 70-74.99 37 38 39 41 42
304 65-69.99 40 41 42 44 45
305 60-64.99 43 44 46 47 49
306 55-59.99 47 48 50 51 53
307 50-54.99 51 53 55 56 58
308 45-49.99 57 59 60 62 64
309 40-44.99 63 65 67 69 71
310 Less than 40 72 74 76 79 81
311 However, effective July 1, 2011, the tax rate per box on
312 grapefruit that enters the primary channel of trade for use in
313 fresh form may not exceed the tax rate per box in effect on May
314 1, 2011.
315 2. The following maximum tax rates, expressed in cents per
316 box, shall apply to grapefruit which enters the primary channel
317 of trade for use in processed forms:
318 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
320 80 andgreater 23 24 25 25 26
321 75-79.99 25 25 26 27 28
322 70-74.99 26 27 28 29 30
323 65-69.99 28 29 30 31 32
324 60-64.99 31 32 32 33 34
325 55-59.99 33 34 35 36 37
326 50-54.99 36 38 39 40 41
327 45-49.99 40 41 43 44 45
328 40-44.99 45 46 48 49 51
329 Less than 40 51 53 54 56 57
330 However, effective July 1, 2011, the tax rate per box on
331 grapefruit that enters the primary channel of trade for use in
332 processed forms may not exceed the tax rate per box in effect on
333 May 1, 2011.
334 3. The following maximum tax rates, expressed in cents per
335 box, shall apply to oranges which enter the primary channel of
336 trade for use in fresh form:
337 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
339 255 andgreater 23 24 25 26 26
340 245-254.9 24 25 26 27 27
341 235-244.9 25 26 27 28 28
342 225-234.9 26 27 28 29 30
343 215-224.9 28 28 29 30 31
344 205-214.9 29 30 31 32 33
345 195-204.9 30 31 32 33 34
346 185-194.9 32 33 34 35 36
347 175-184.9 34 35 36 37 38
348 165-174.9 36 37 38 39 40
349 155-164.9 38 39 40 41 43
350 Less than 155 41 42 43 44 46
351 However, effective July 1, 2011, the tax rate per box on oranges
352 that enter the primary channel of trade for use in fresh form
353 may not exceed the tax rate per box in effect on May 1, 2011.
354 4. The following maximum tax rates, expressed in cents per
355 box, shall apply to oranges which enter the primary channel of
356 trade for use in processed form:
357 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
359 255 andgreater 15 16 16 17 17
360 245-254.9 16 16 17 17 18
361 235-244.9 17 17 18 18 19
362 225-234.9 17 18 18 19 19
363 215-224.9 18 19 19 20 20
364 205-214.9 19 20 20 21 21
365 195-204.9 20 21 21 22 22
366 185-194.9 21 22 22 23 24
367 175-184.9 22 23 23 24 25
368 165-174.9 23 24 25 26 26
369 155-164.9 25 26 26 27 28
370 Less than 155 27 27 28 29 30
371 However, effective July 1, 2011, the tax rate per box on oranges
372 that enter the primary channel of trade for use in processed
373 form may not exceed 25 cents per box.
374 5. The actual tax rate levied each year upon oranges which
375 enter the primary channel of trade for use in processed form,
376 pursuant to this paragraph, paragraph (e), and subsection (4),
377 shall also apply in that year to tangerines and citrus hybrids
378 regulated by the Department of Citrus which enter the primary
379 channel of trade for use in processed form.
380 6. The following maximum tax rates, expressed in cents per
381 box, shall apply to tangerines and citrus hybrids regulated by
382 the Department of Citrus which enter the primary channel of
383 trade for use in fresh form:
384 Previous seasoncrop size(millions of boxes)1995-19961996-19971997-19981998-19991999-2000 and thereafter
386 13 andgreater 24 24 25 26 27
387 12 - 12.99 26 26 27 28 29
388 11 - 11.99 28 29 30 30 31
389 10 - 10.99 31 31 32 33 34
390 9 - 9.99 34 35 36 37 38
391 8 - 8.99 38 39 40 41 42
392 7 - 7.99 43 44 45 47 48
393 Less than 7 49 51 52 54 56
394 However, effective July 1, 2011, the tax rate per box on
395 tangerines and citrus hybrids regulated by the Department of
396 Citrus which enter the primary channel of trade for use in fresh
397 form may not exceed the tax rate per box in effect on May 1,
399 Section 17. Subsection (7) of section 681.102, Florida
400 Statutes, is repealed.
401 Section 18. Subsections (2) and (3) of section 681.103,
402 Florida Statutes, are amended to read:
403 681.103 Duty of manufacturer to conform a motor vehicle to
404 the warranty.—
405 (2) Each manufacturer shall provide to its consumers
406 conspicuous notice of the address and phone number for its zone,
407 district, or regional office for this state in the written
408 warranty or owner’s manual. By January 1 of each year, each
409 manufacturer shall forward to the department of Legal Affairs a
410 copy of the owner’s manual and any written warranty for each
411 make and model of motor vehicle that it sells in this state.
412 (3) At the time of acquisition, the manufacturer shall
413 inform the consumer clearly and conspicuously in writing how and
414 where to file a claim with a certified procedure if such
415 procedure has been established by the manufacturer pursuant to
416 s. 681.108. The nameplate manufacturer of a recreational vehicle
417 shall, at the time of vehicle acquisition, inform the consumer
418 clearly and conspicuously in writing how and where to file a
419 claim with a program pursuant to s. 681.1096. The manufacturer
420 shall provide to the dealer and, at the time of acquisition, the
421 dealer shall provide to the consumer a written statement that
422 explains the consumer’s rights under this chapter. The written
423 statement shall be prepared by the department of Legal Affairs
424 and shall contain a toll-free number for the department which
425 division that the consumer can contact to obtain information
426 regarding the consumer’s rights and obligations under this
427 chapter or to commence arbitration. If the manufacturer obtains
428 a signed receipt for timely delivery of sufficient quantities of
429 this written statement to meet the dealer’s vehicle sales
430 requirements, it shall constitute prima facie evidence of
431 compliance with this subsection by the manufacturer. The
432 consumer’s signed acknowledgment of receipt of materials
433 required under this subsection shall constitute prima facie
434 evidence of compliance by the manufacturer and dealer. The form
435 of the acknowledgments shall be approved by the department of
436 Legal Affairs, and the dealer shall maintain the consumer’s
437 signed acknowledgment for 3 years.
438 Section 19. Subsections (1), (2), (3), (4), (5), and (8) of
439 section 681.108, Florida Statutes, are amended to read:
440 681.108 Dispute-settlement procedures.—
441 (1) If a manufacturer has established a procedure, which
442 the department division has certified as substantially complying
443 with the provisions of 16 C.F.R. part 703, in effect October 1,
444 1983, and with the provisions of this chapter and the rules
445 adopted under this chapter, and has informed the consumer how
446 and where to file a claim with such procedure pursuant to s.
447 681.103(3), the provisions of s. 681.104(2) apply to the
448 consumer only if the consumer has first resorted to such
449 procedure. The decisionmakers for a certified procedure shall,
450 in rendering decisions, take into account all legal and
451 equitable factors germane to a fair and just decision,
452 including, but not limited to, the warranty; the rights and
453 remedies conferred under 16 C.F.R. part 703, in effect October
454 1, 1983; the provisions of this chapter; and any other equitable
455 considerations appropriate under the circumstances.
456 Decisionmakers and staff of a procedure shall be trained in the
457 provisions of this chapter and in 16 C.F.R. part 703, in effect
458 October 1, 1983. In an action brought by a consumer concerning
459 an alleged nonconformity, the decision that results from a
460 certified procedure is admissible in evidence.
461 (2) A manufacturer may apply to the department division for
462 certification of its procedure. After receipt and evaluation of
463 the application, the department division shall certify the
464 procedure or notify the manufacturer of any deficiencies in the
465 application or the procedure.
466 (3) A certified procedure or a procedure of an applicant
467 seeking certification shall submit to the department division a
468 copy of each settlement approved by the procedure or decision
469 made by a decisionmaker within 30 days after the settlement is
470 reached or the decision is rendered. The decision or settlement
471 must contain at a minimum the:
472 (a) Name and address of the consumer;
473 (b) Name of the manufacturer and address of the dealership
474 from which the motor vehicle was purchased;
475 (c) Date the claim was received and the location of the
476 procedure office that handled the claim;
477 (d) Relief requested by the consumer;
478 (e) Name of each decisionmaker rendering the decision or
479 person approving the settlement;
480 (f) Statement of the terms of the settlement or decision;
481 (g) Date of the settlement or decision; and
482 (h) Statement of whether the decision was accepted or
483 rejected by the consumer.
484 (4) Any manufacturer establishing or applying to establish
485 a certified procedure must file with the department division a
486 copy of the annual audit required under the provisions of 16
487 C.F.R. part 703, in effect October 1, 1983, together with any
488 additional information required for purposes of certification,
489 including the number of refunds and replacements made in this
490 state pursuant to the provisions of this chapter by the
491 manufacturer during the period audited.
492 (5) The department division shall review each certified
493 procedure at least annually, prepare an annual report evaluating
494 the operation of certified procedures established by motor
495 vehicle manufacturers and procedures of applicants seeking
496 certification, and, for a period not to exceed 1 year, shall
497 grant certification to, or renew certification for, those
498 manufacturers whose procedures substantially comply with the
499 provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
500 with the provisions of this chapter and rules adopted under this
501 chapter. If certification is revoked or denied, the department
502 division shall state the reasons for such action. The reports
503 and records of actions taken with respect to certification shall
504 be public records.
505 (8) The department division shall adopt rules to implement
506 this section.
507 Section 20. Subsections (1), (2), (3), (5), (6), and (7) of
508 section 681.109, Florida Statutes, are amended to read:
509 681.109 Florida New Motor Vehicle Arbitration Board;
510 dispute eligibility.—
511 (1) If a manufacturer has a certified procedure, a consumer
512 claim arising during the Lemon Law rights period must be filed
513 with the certified procedure no later than 60 days after the
514 expiration of the Lemon Law rights period. If a decision is not
515 rendered by the certified procedure within 40 days after of
516 filing, the consumer may apply to the department division to
517 have the dispute removed to the board for arbitration.
518 (2) If a manufacturer has a certified procedure, a consumer
519 claim arising during the Lemon Law rights period must be filed
520 with the certified procedure no later than 60 days after the
521 expiration of the Lemon Law rights period. If a consumer is not
522 satisfied with the decision or the manufacturer’s compliance
523 therewith, the consumer may apply to the department division to
524 have the dispute submitted to the board for arbitration. A
525 manufacturer may not seek review of a decision made under its
527 (3) If a manufacturer has no certified procedure or if a
528 certified procedure does not have jurisdiction to resolve the
529 dispute, a consumer may apply directly to the department
530 division to have the dispute submitted to the board for
532 (5) The department division shall screen all requests for
533 arbitration before the board to determine eligibility. The
534 consumer’s request for arbitration before the board shall be
535 made on a form prescribed by the department. The department
536 division shall forward to the board all disputes that the
537 department division determines are potentially entitled to
538 relief under this chapter.
539 (6) The department division may reject a dispute that it
540 determines to be fraudulent or outside the scope of the board’s
541 authority. Any dispute deemed by the department division to be
542 ineligible for arbitration by the board due to insufficient
543 evidence may be reconsidered upon the submission of new
544 information regarding the dispute. Following a second review,
545 the department division may reject a dispute if the evidence is
546 clearly insufficient to qualify for relief. If a Any dispute is
547 rejected by the department, the department shall send division
548 shall be forwarded to the department and a copy shall be sent by
549 registered mail to the consumer and the manufacturer , containing
550 a brief explanation as to the reason for rejection.
551 (7) If the department division rejects a dispute, the
552 consumer may file a lawsuit to enforce the remedies provided
553 under this chapter. In any civil action arising under this
554 chapter and relating to a matter considered by the department
555 division, any determination made to reject a dispute is
556 admissible in evidence.
557 Section 21. Subsections (1) through (6) and subsection (11)
558 of section 681.1095, Florida Statutes, are amended to read:
559 681.1095 Florida New Motor Vehicle Arbitration Board;
560 creation and function.—
561 (1) There is established within the department of Legal
562 Affairs, the Florida New Motor Vehicle Arbitration Board,
563 consisting of members appointed by the Attorney General for an
564 initial term of 1 year. Board members may be reappointed for
565 additional terms of 2 years. Each board member is accountable to
566 the Attorney General for the performance of the member’s duties
567 and is exempt from civil liability for any act or omission that
568 which occurs while acting in the member’s official capacity. The
569 department of Legal Affairs shall defend a member in any action
570 against the member or the board which arises from any such act
571 or omission. The Attorney General may establish as many regions
572 of the board as necessary to carry out the provisions of this
574 (2) The boards shall hear cases in various locations
575 throughout the state so any consumer whose dispute is approved
576 for arbitration by the department division may attend an
577 arbitration hearing at a reasonably convenient location and
578 present a dispute orally. Hearings shall be conducted by panels
579 of three board members assigned by the department. A majority
580 vote of the three-member board panel shall be required to render
581 a decision. Arbitration proceedings under this section shall be
582 open to the public on reasonable and nondiscriminatory terms.
583 (3) Each region of the board shall consist of up to eight
584 members. The members of the board shall construe and apply the
585 provisions of this chapter, and rules adopted thereunder, in
586 making their decisions. An administrator and a secretary shall
587 be assigned to each board by the department of Legal Affairs. At
588 least one member of each board must be a person with expertise
589 in motor vehicle mechanics. A member must not be employed by a
590 manufacturer or a franchised motor vehicle dealer or be a staff
591 member, a decisionmaker, or a consultant for a procedure. Board
592 members shall be trained in the application of this chapter and
593 any rules adopted under this chapter, shall be reimbursed for
594 travel expenses pursuant to s. 112.061, and shall be compensated
595 at a rate or wage prescribed by the Attorney General.
596 (4) Before filing a civil action on a matter subject to s.
597 681.104, the consumer must first submit the dispute to the
598 department division, and to the board if such dispute is deemed
599 eligible for arbitration.
600 (5) Manufacturers shall submit to arbitration conducted by
601 the board if such arbitration is requested by a consumer and the
602 dispute is deemed eligible for arbitration by the department
603 division pursuant to s. 681.109.
604 (6) The board shall hear the dispute within 40 days and
605 render a decision within 60 days after the date the request for
606 arbitration is approved. The board may continue the hearing on
607 its own motion or upon the request of a party for good cause
608 shown. A request for continuance by the consumer constitutes
609 waiver of the time periods set forth in this subsection. The
610 department of Legal Affairs, at the board’s request, may
611 investigate disputes, and may issue subpoenas for the attendance
612 of witnesses and for the production of records, documents, and
613 other evidence before the board. The failure of the board to
614 hear a dispute or render a decision within the prescribed
615 periods does not invalidate the decision.
616 (11) All provisions in this section and s. 681.109
617 pertaining to compulsory arbitration before the board, the
618 dispute eligibility screening by the department division, the
619 proceedings and decisions of the board, and any appeals thereof,
620 are exempt from the provisions of chapter 120.
621 Section 22. Subsections (2) and (4) of section 681.1096,
622 Florida Statutes, are amended to read:
623 681.1096 RV Mediation and Arbitration Program; creation and
625 (2) Each manufacturer of a recreational vehicle involved in
626 a dispute that is determined eligible under this chapter,
627 including chassis and component manufacturers which separately
628 warrant the chassis and components and which otherwise meet the
629 definition of manufacturer set forth in s. 681.102(13)
630 681.102 (14), shall participate in a mediation and arbitration
631 program that is deemed qualified by the department.
632 (4) The department shall monitor the program for compliance
633 with this chapter. If the program is determined not qualified or
634 if qualification is revoked, then disputes shall be subject to
635 the provisions of ss. 681.109 and 681.1095. If the program is
636 determined not qualified or if qualification is revoked as to a
637 manufacturer, all those manufacturers potentially involved in
638 the eligible consumer dispute shall be required to submit to
639 arbitration conducted by the board if such arbitration is
640 requested by a consumer and the dispute is deemed eligible for
641 arbitration by the department division pursuant to s. 681.109. A
642 consumer having a dispute involving one or more manufacturers
643 for which the program has been determined not qualified, or for
644 which qualification has been revoked, is not required to submit
645 the dispute to the program irrespective of whether the program
646 may be qualified as to some of the manufacturers potentially
647 involved in the dispute.
648 Section 23. Section 681.110, Florida Statutes, is amended
649 to read:
650 681.110 Compliance and disciplinary actions.—The department
651 of Legal Affairs may enforce and ensure compliance with the
652 provisions of this chapter and rules adopted thereunder, may
653 issue subpoenas requiring the attendance of witnesses and
654 production of evidence, and may seek relief in the circuit court
655 to compel compliance with such subpoenas. The department of
656 Legal Affairs may impose a civil penalty against a manufacturer
657 not to exceed $1,000 for each count or separate offense. The
658 proceeds from the fine imposed herein shall be placed in the
659 Motor Vehicle Warranty Trust Fund in the department Department
660 of Legal Affairs for implementation and enforcement of this
662 Section 24. Subsection (2) of section 681.112, Florida
663 Statutes, is amended to read:
664 681.112 Consumer remedies.—
665 (2) An action brought under this chapter must be commenced
666 within 1 year after the expiration of the Lemon Law rights
667 period, or, if a consumer resorts to an informal dispute
668 settlement procedure or submits a dispute to the department
669 division or board, within 1 year after the final action of the
670 procedure, department division, or board.
671 Section 25. Subsection (2) of section 681.114, Florida
672 Statutes, is amended to read:
673 681.114 Resale of returned vehicles.—
674 (2) A person shall not knowingly lease, sell at wholesale
675 or retail, or transfer a title to a motor vehicle returned by
676 reason of a settlement, determination, or decision pursuant to
677 this chapter or similar statute of another state unless the
678 nature of the nonconformity is clearly and conspicuously
679 disclosed to the prospective transferee, lessee, or buyer, and
680 the manufacturer warrants to correct such nonconformity for a
681 term of 1 year or 12,000 miles, whichever occurs first. The
682 department of Legal Affairs shall prescribe by rule the form,
683 content, and procedure pertaining to such disclosure statement.
684 Section 26. Subsection (1) of section 681.117, Florida
685 Statutes, is amended to read:
686 681.117 Fee.—
687 (1) A $2 fee shall be collected by a motor vehicle dealer,
688 or by a person engaged in the business of leasing motor
689 vehicles, from the consumer at the consummation of the sale of a
690 motor vehicle or at the time of entry into a lease agreement for
691 a motor vehicle. Such fees shall be remitted to the county tax
692 collector or private tag agency acting as agent for the
693 Department of Revenue. If the purchaser or lessee removes the
694 motor vehicle from the state for titling and registration
695 outside this state, the fee shall be remitted to the Department
696 of Revenue. All fees, less the cost of administration, shall be
697 transferred monthly to the department of Legal Affairs for
698 deposit into the Motor Vehicle Warranty Trust Fund. The
699 Department of Legal Affairs shall distribute monthly an amount
700 not exceeding one-fourth of the fees received to the Division of
701 Consumer Services of the Department of Agriculture and Consumer
702 Services to carry out the provisions of ss. 681.108 and 681.109 .
703 The Department of Legal Affairs shall contract with the Division
704 of Consumer Services for payment of services performed by the
705 division pursuant to ss. 681.108 and 681.109 .
706 Section 27. Section 681.118, Florida Statutes, is amended
707 to read:
708 681.118 Rulemaking authority.—The department o f Legal
709 Affairs shall adopt rules pursuant to ss. 120.536(1) and 120.54
710 to implement the provisions of this chapter.
711 Section 28. This act shall take effect upon becoming a law.
713 ================= T I T L E A M E N D M E N T ================
714 And the title is amended as follows:
715 Delete everything before the enacting clause
716 and insert:
717 A bill to be entitled
718 An act relating to state government operations;
719 amending s. 20.14, F.S.; removing the Division of
720 Dairy Industry within the department; changing the
721 name of the Division of Forestry to the Florida Forest
722 Service; amending s. 320.90, F.S.; requiring the
723 Department of Legal Affairs, rather than the
724 Department of Agriculture and Consumer Services, to
725 distribute free of charge a motor vehicle consumer’s
726 rights pamphlet; amending s. 501.160, F.S.; providing
727 for the state attorneys and the Department of Legal
728 Affairs, rather than the Department of Agriculture and
729 Consumer Services, to enforce the law prohibiting
730 price gouging; reenacting s. 570.18, F.S., relating to
731 the organization of the Department of Agriculture and
732 Consumer Services, to incorporate the amendment made
733 to s. 570.29, F.S., in a reference thereto; amending
734 s. 570.20, F.S.; removing the time limitations on
735 provisions authorizing moneys in the General
736 Inspection Trust Fund to be used for programs operated
737 by the Department of Agriculture and Consumer
738 Services; amending s. 570.29, F.S.; removing the
739 Division of Dairy Industry within the department, to
740 conform to changes made by the act; changing the name
741 of the Division of Forestry to the Florida Forest
742 Service; adding the Division of Licensing as a
743 division within the department; repealing ss. 570.40
744 and 570.41, F.S., relating to the powers and duties of
745 the Division of Dairy Industry; amending s. 570.50,
746 F.S.; adding the inspection of dairy farms, milk
747 plants, and milk product plants and other specified
748 functions to the duties of the Division of Food Safety
749 within the department; amending ss. 570.548, 570.549,
750 and 570.903, F.S.; conforming references to changes
751 made by the act; requesting the Division of Statutory
752 Revision to prepare a reviser’s bill making conforming
753 statutory changes; amending s. 601.04, F.S.; revising
754 the number of members on the Florida Citrus
755 Commission; providing for the termination of the terms
756 of members appointed before a specified date and for
757 appointment of members by the Governor; amending s.
758 601.09, F.S.; revising the composition of the citrus
759 districts; amending s. 601.10, F.S.; providing for the
760 appointment of an executive director of the Department
761 of Citrus and for confirmation by the Senate;
762 providing a term of office; specifying the work week
763 for employees of the Department of Citrus; providing
764 for a reduction in salary for an employee who chooses
765 to work less than the required weekly period; amending
766 s. 601.15, F.S., relating to an excise tax levied and
767 imposed upon each standard-packed box of citrus fruit
768 grown and placed into the primary channel of trade;
769 providing for certain tax rates to be levied;
770 repealing s. 681.102(7), F.S., relating to the
771 definition of the term “division”; amending ss.
772 681.103, 681.108, 681.109, 681.1095, 681.1096,
773 681.110, 681.112, 681.114, 681.117, and 681.118, F.S.;
774 providing for the Department of Legal Affairs, rather
775 than the Division of Consumer Services of the
776 Department of Agriculture and Consumer Services, to
777 enforce the state Lemon Law; consolidating enforcement
778 duties under the Motor Vehicle Warranty Enforcement
779 Act within the Department of Legal Affairs; conforming
780 provisions to changes made by the act; providing an
781 effective date.