Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 726
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/10/2015 .
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The Committee on Commerce and Tourism (Ring) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 30 - 88
4 and insert:
5 Section 1. Section 501.142, Florida Statutes, is amended to
6 read:
7 501.142 Retail sales establishments; preemption; notice of
8 refund policy requirements; exceptions; penalty.—
9 (1) The regulation of refunds is preempted to the
10 Department of Agriculture and Consumer Services notwithstanding
11 any other law or local ordinance to the contrary, provided that
12 a local government may enforce the provisions of this section as
13 specified in subsection (8).
14 (2) Notwithstanding the Uniform Commercial Code, each every
15 retail sales establishment offering goods for sale to the
16 general public must grant a cash refund or credit refund to a
17 consumer for goods returned within 3 business days after the
18 date of purchase if all of the following conditions are met:
19 (a) The purchase exceeds $1,000, excluding tax.
20 (b) The goods are unused and in the original carton, if a
21 carton was furnished.
22 (c) The consumer, or a representative of the consumer,
23 provides the retailer with proof of purchase and documentation
24 establishing that:
25 1. The consumer has been adjudicated incapacitated pursuant
26 to chapter 744 or under similar law in another state;
27 2. The consumer is subject to a guardianship pursuant to
28 chapter 744 or similar law in another state, and the guardian
29 has the authority to determine the consumer’s right to manage
30 property; or
31 3. A power of attorney or a durable power of attorney
32 pursuant to chapter 709 or similar law in another state is
33 currently exercisable by the consumer’s agent, and the consumer
34 has been diagnosed with a medical condition that causes him or
35 her to lack sufficient understanding or capacity to make or
36 communicate reasonable decisions concerning his or her person or
37 property, which is evidenced by a written statement signed by a
38 physician licensed pursuant to chapter 458 or chapter 459 or
39 licensed to practice medicine under the laws of another state.
40 (3)(a) Except as provided in subsection (2), a retail sales
41 establishment offering goods for sale to the general public may
42 refuse to offer a that offers no cash refund, credit refund, or
43 exchange for the purchase if the retailer posts of merchandise
44 must post a sign at the point of sale so stating that refunds or
45 exchanges are not allowed at the point of sale. Failure of a
46 retail sales establishment to exhibit a “no refund or exchange”
47 sign at the point of sale under such circumstances at the point
48 of sale shall mean that a refund or exchange policy exists, and
49 the policy must shall be presented in writing to the consumer
50 upon request.
51 (b) A Any retail sales establishment that violates this
52 subsection must failing to comply with the provisions of this
53 section shall grant to the consumer, upon request and proof of
54 purchase, a refund for the purchase on the merchandise, within 7
55 days after of the date of purchase, if provided the goods are
56 merchandise is unused and in the original carton, if one was
57 furnished. This section does not Nothing herein shall prohibit a
58 retail sales establishment from having a refund policy that
59 which exceeds 7 the number of days and specified herein.
60 However, this subsection does not prohibit a local government
61 from enforcing the provisions established by this section.
62 (4)(2) The provisions of This section does shall not apply
63 to the sale of food, perishable goods, goods that which are
64 custom made, goods that which are custom altered at the request
65 of the customer, or goods that which cannot be resold by the
66 merchant because of any law, rule, or regulation adopted by a
67 governmental body.
68 (5)(3) If the department finds that a person has violated
69 or is operating in violation of:
70 (a) Subsection (2), the department shall enter an order
71 that
72
73 ================= T I T L E A M E N D M E N T ================
74 And the title is amended as follows:
75 Delete lines 7 - 19
76 and insert:
77 been adjudicated incapacitated, is subject to a
78 certain type of guardianship, or has a certain medical
79 condition, if specified requirements are satisfied;
80 requiring restitution and providing penalties for a
81 violation of the requirements; making technical
82 changes; amending s. 501.95, F.S.; conforming a cross
83 reference; providing an effective date.WHEREAS, the
84 Legislature finds that persons who are incapacitated,
85 are subject to certain types of guardianships, or have
86 been diagnosed with a medical condition causing a lack
87 of capacity to make reasonable decisions need
88 additional protections in consumer transactions
89 involving costly purchases, and