Florida Senate - 2015                                     SB 726
       
       
        
       By Senator Ring
       
       
       
       
       
       29-00440-15                                            2015726__
    1                        A bill to be entitled                      
    2         An act relating to consumer protection; amending s.
    3         501.142, F.S.; requiring retail sales establishments
    4         that sell goods to the public to grant a refund within
    5         a specified period of time for goods costing more than
    6         a specified amount if returned by a consumer who has
    7         been adjudicated incapacitated or has documentation
    8         from a physician of a certain medical condition, or by
    9         a representative of the consumer, if specified
   10         requirements are satisfied; requiring restitution and
   11         providing penalties for a violation of the
   12         requirements; making technical changes; amending s.
   13         501.95, F.S.; conforming a cross-reference; providing
   14         an effective date.
   15  
   16         WHEREAS, the Legislature finds that persons who are
   17  incapacitated or unable to make reasonable decisions due to a
   18  medical condition need additional protections in consumer
   19  transactions involving costly purchases, and
   20         WHEREAS, it is in the public interest to protect the
   21  welfare of this state’s most vulnerable residents and their
   22  family members, and
   23         WHEREAS, it is the intent of the Legislature to safeguard
   24  such residents’ financial interests by providing them with the
   25  ability to return certain goods within a reasonable period of
   26  time, NOW, THEREFORE,
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 501.142, Florida Statutes, is amended to
   31  read:
   32         501.142 Retail sales establishments; preemption; notice of
   33  refund policy requirements; exceptions; penalty.—
   34         (1) The regulation of refunds is preempted to the
   35  Department of Agriculture and Consumer Services notwithstanding
   36  any other law or local ordinance to the contrary.
   37         (2) Notwithstanding the Uniform Commercial Code, each every
   38  retail sales establishment offering goods for sale to the
   39  general public must grant a cash refund or credit refund to a
   40  consumer for goods returned within 3 days after the date of
   41  purchase if:
   42         (a) The purchase exceeds $1,000, excluding tax.
   43         (b) The goods are unused and in the original carton, if a
   44  carton was furnished.
   45         (c) The consumer, or a representative of the consumer,
   46  provides the retailer with proof of purchase and:
   47         1. Documentation establishing that the consumer has been
   48  adjudicated incapacitated pursuant to chapter 744 or under
   49  similar law in another state; or
   50         2. A written statement signed by a physician licensed
   51  pursuant to chapter 458 or chapter 459 or licensed to practice
   52  medicine under the laws of another state which indicates that
   53  the consumer has been diagnosed with a medical condition that
   54  causes him or her to lack sufficient understanding or capacity
   55  to make or communicate reasonable decisions concerning his or
   56  her person or property.
   57         (3)(a) Except as provided in subsection (2), a retail sales
   58  establishment offering goods for sale to the general public may
   59  refuse to offer a that offers no cash refund, credit refund, or
   60  exchange for the purchase if the retailer posts of merchandise
   61  must post a sign at the point of sale so stating that refunds or
   62  exchanges are not allowed at the point of sale. Failure of a
   63  retail sales establishment to exhibit a “no refund or exchange”
   64  sign at the point of sale under such circumstances at the point
   65  of sale shall mean that a refund or exchange policy exists, and
   66  the policy must shall be presented in writing to the consumer
   67  upon request.
   68         (b) A Any retail sales establishment that violates this
   69  subsection must failing to comply with the provisions of this
   70  section shall grant to the consumer, upon request and proof of
   71  purchase, a refund for the purchase on the merchandise, within 7
   72  days after of the date of purchase, if provided the goods are
   73  merchandise is unused and in the original carton, if one was
   74  furnished. This section does not Nothing herein shall prohibit a
   75  retail sales establishment from having a refund policy that
   76  which exceeds 7 the number of days and specified herein.
   77  However, this subsection does not prohibit a local government
   78  from enforcing the provisions established by this section.
   79         (4)(2)The provisions of This section does shall not apply
   80  to the sale of food, perishable goods, goods that which are
   81  custom made, goods that which are custom altered at the request
   82  of the customer, or goods that which cannot be resold by the
   83  merchant because of any law, rule, or regulation adopted by a
   84  governmental body.
   85         (5)(3)If the department finds that a person has violated
   86  or is operating in violation of:
   87         (a) Subsection (2), the department shall enter an order
   88  that requires restitution to be paid to the consumer and that
   89  imposes an administrative fine in the amount of twice the value
   90  of the goods, excluding tax, which the person refused to refund.
   91         (b)Subsection (3) or an order issued under this section,
   92  the department may enter an order that imposes doing one or more
   93  of the following if the department finds that a person has
   94  violated or is operating in violation of any of the provisions
   95  of this section or the orders issued under this section:
   96         1.(a)Impose An administrative fine not to exceed $100 for
   97  each violation.
   98         2.(b)A directive to Direct the person to cease and desist
   99  specified activities.
  100         (6)(4)An The administrative proceeding proceedings that
  101  may could result in the entry of an order imposing any of the
  102  penalties specified in subsection (5) is (3) are governed by
  103  chapter 120.
  104         (7)(5)Any Moneys recovered by the department of
  105  Agriculture and Consumer Services as a penalty under this
  106  section shall be deposited in the General Inspection Trust Fund.
  107         (8)(6) Upon the first violation of this section, a local
  108  government may issue a written warning. Upon a second or and any
  109  subsequent violation, a local government may impose a fine of up
  110  to $50 per violation. Any Moneys recovered by the local
  111  government as a penalty under this section shall be deposited in
  112  the appropriate local account.
  113         Section 2. Paragraph (c) of subsection (2) of section
  114  501.95, Florida Statutes, is amended to read:
  115         501.95 Gift certificates and credit memos.—
  116         (2)
  117         (c) Enforcement of this section shall be as provided in s.
  118  501.142(5)(b), (6), and (7) s. 501.142(3), (4), and (5) for
  119  violations of this section.
  120         Section 3. This act shall take effect July 1, 2015.