Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 466
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/WD/2R         .                                
             05/04/2017 10:24 AM       .                                

       Senator Steube moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 142 and 143
    4  insert:
    5         Section 4. Subsection (6) of section 501.976, Florida
    6  Statutes, is amended to read:
    7         501.976 Actionable, unfair, or deceptive acts or
    8  practices.—It is an unfair or deceptive act or practice,
    9  actionable under the Florida Deceptive and Unfair Trade
   10  Practices Act, for a dealer to:
   11         (6) Sell a vehicle without fully and conspicuously
   12  disclosing in writing at or before the consummation of sale any
   13  warranty or guarantee terms, obligations, or conditions that the
   14  dealer or manufacturer has given to the buyer. If the warranty
   15  obligations are to be shared by the dealer and the buyer, the
   16  method of determining the percentage of repair costs to be
   17  assumed by each party must be disclosed. If the dealer intends
   18  to disclaim or limit any expressed or implied warranty, the
   19  disclaimer must be in writing in a conspicuous manner and in lay
   20  terms in accordance with chapter 672 and the Magnuson-Moss
   21  Warranty—Federal Trade Commission Improvement Act. The
   22  manufacturer or authorized service provider may not solely
   23  condition the written or implied warranty of the vehicle on the
   24  consumer only using a part or service provided or branded by the
   25  manufacturer or its authorized service provider.
   27  In any civil litigation resulting from a violation of this
   28  section, when evaluating the reasonableness of an award of
   29  attorney’s fees to a private person, the trial court shall
   30  consider the amount of actual damages in relation to the time
   31  spent.
   33  ================= T I T L E  A M E N D M E N T ================
   34  And the title is amended as follows:
   35         Between lines 27 and 28
   36  insert:
   37         amending s. 501.976, F.S.; prohibiting a manufacturer
   38         or authorized service provider from solely
   39         conditioning a certain written or implied warranty of
   40         a vehicle on the consumer only using a part or service
   41         provided or branded by the manufacturer or its
   42         authorized service provider;