Florida 2022 Regular Session

Florida House Bill H1479 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 1479 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1479-00
9	9	Page 1 of 4
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to sales solicitation; amending ss. 2
16	16	501.025 and 501.031, F.S.; revising provisions 3
17	17	relating to the cancellation of home solicitation 4
18	18	sales; amending s. 501.052, F.S.; providing rights of 5
19	19	action for home solicitation sale violations; amending 6
20	20	s. 501.055, F.S.; providing liability for damages in 7
21	21	civil actions; amending s. 501.059, F.S.; prohibiting 8
22	22	telephone solicitors from conducting certain pa yment 9
23	23	transactions; limiting certain solicitation calls; 10
24	24	authorizing the cancellation of certain transactions 11
25	25	within a specified time period; providing an effective 12
26	26	date. 13
27	27	14
28	28	Be It Enacted by the Legislature of the State of Florida: 15
29	29	16
30	30	Section 1. Section 501.025, Florida Statutes, is amended 17
31	31	to read: 18
32	32	501.025 Home solicitation sale; buyer's right to cancel. —19
33	33	In addition to any other right to revoke an offer, the buyer has 20
34	34	the right to cancel a home solicitation sale until midnight of 21
35	35	the 30th calendar third business day after the day on which the 22
36	36	buyer receives the product signs an agreement or offer to 23
37	37	purchase. Cancellation is evidenced by the buyer giving written 24
38	38	notice of cancellation in person , by telegram, or by mail, 25
39	39
40	40	HB 1479 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1479-00
46	46	Page 2 of 4
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	facsimile, or electronic transm ission to the seller at the 26
52	52	address stated in the agreement or offer to purchase. The 27
53	53	written notice of cancellation given by mail shall be effective 28
54	54	upon postmarking. The notice of cancellation need not take a 29
55	55	particular form and is sufficient if it indic ates by any form of 30
56	56	written expression the intention of the buyer not to be bound by 31
57	57	the home solicitation sale. Notice of a buyer's right to cancel 32
58	58	must appear on every note or other evidence of indebtedness 33
59	59	given pursuant to any home solicitation sale. F or the purposes 34
60	60	of this section, unless a mortgage also creates the buyer's 35
61	61	promise to pay the secured debt, it is not an evidence of 36
62	62	indebtedness. 37
63	63	Section 2. Subsection (2) of section 501.031, Florida 38
64	64	Statutes, is amended, and subsection (3) is added to that 39
65	65	section, to read: 40
66	66	501.031 Home solicitation sale; written agreement. —Every 41
67	67	home solicitation sale shall be evidenced by a writing as 42
68	68	provided in this section. 43
69	69	(2) The statement must: 44
70	70	(a) Appear under the conspicuous caption, "BUYER'S RIGHT 45
71	71	TO CANCEL"; 46
72	72	(b) Read as follows: "This is a home solicitation sale, 47
73	73	and if you do not want the goods or services, you may cancel 48
74	74	this agreement by providing written notice to the seller in 49
75	75	person, by telegram, or by mail, facsimile, or electronic 50
76	76
77	77	HB 1479 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1479-00
83	83	Page 3 of 4
84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	transmission. This notice must indicate that you do not want the 51
89	89	goods or services and must be delivered or postmarked before 52
90	90	midnight of the third business day after you sign this 53
91	91	agreement. If you cancel this agreement, the seller may not keep 54
92	92	all or part of any cash down payment." 55
93	93	(3) The seller must also verbally inform the buyer of the 56
94	94	right to cancel under subsection (2). 57
95	95	Section 3. Section 501.052, Florida Statutes, is amended 58
96	96	to read: 59
97	97	501.052 Home solicitation sale; enforcement authority; 60
98	98	injunctive relief.—The Attorney General or state attorney may 61
99	99	institute proceedings to enjoin any person found to be violating 62
100	100	the provisions of ss. 501.021 -501.055. A buyer who is aggrieved 63
101	101	by a violation of the provisions of ss. 501.021 -501.055 may 64
102	102	bring an action to enjoin such violation and recover damages. 65
103	103	Section 4. Subsection (4) is added to section 501.055, 66
104	104	Florida Statutes, to read: 67
105	105	501.055 Home solicitation sale; penalties. — 68
106	106	(4) In the case of a private civil action for a violation 69
107	107	of any of the provisions of ss. 501.025 -501.047, the seller is 70
108	108	liable for damages equal to 3 times the amount charged to the 71
109	109	buyer. 72
110	110	Section 5. Subsection (9) through (13) of section 501.059, 73
111	111	Florida Statutes, are renumbered as subsections (10) through 74
112	112	(14), respectively, and a new subsection (9) is added to that 75
113	113
114	114	HB 1479 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb1479-00
120	120	Page 4 of 4
121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	section to read: 76
126	126	501.059 Telephone solicitation. — 77
127	127	(9)(a) A telephone solicitor may not make or cause to made 78
128	128	a charge to the debit card, secured or unsecured credit card, or 79
129	129	any other line of credit of a consumer over the age of 60; an 80
130	130	electronic transfer of funds from the bank account of a consumer 81
131	131	over the age of 60; or obtain a wire transfer or payment in any 82
132	132	cash equivalent from a consumer over the age of 60 for payment 83
133	133	of a product or service without receiving a verification form 84
134	134	bearing the signature of the consumer within 72 hours after the 85
135	135	date of the transaction. 86
136	136	(b) A telephone solicitor may not contact a consumer over 87
137	137	the age of 60 about the same product or service more than once 88
138	138	in a 30-day period, unless the consumer requests to contacted 89
139	139	sooner. 90
140	140	(c) A consumer over the age of 60 who makes a payment over 91
141	141	the telephone for a product or service may cancel the 92
142	142	transaction and rescind any contract without cause within 90 93
143	143	days after the date of t he transaction. 94
144	144	Section 6. This act shall take effect July 1, 2022. 95