Amendment ASA1-AB169

AB169-ASA1,7,22 (6) Trial delivery sales plans; rejections and returns. (a) A seller shall allow the consumer at least 10 days after the consumer receives a trial delivery to initiate the rejection or return of that trial delivery or to avoid receiving the next trial delivery.

AB169-ASA1,7,25 (b) A seller may not represent that the consumer may return a trial delivery at the seller's expense unless the seller includes with the trial delivery a prepaid return mailer that includes all of the following:

AB169-ASA1,8,2 1. The address to which the consumer shall return the goods or services under the trial delivery.

AB169-ASA1,8,4 2. Adequate prepayment of any postage, shipping, handling, repackaging or other costs that are necessary to accomplish the return of the trial delivery.

AB169-ASA1,8,7 3. Clear and conspicuous instructions on how the consumer may use the prepaid return mailer to accomplish the return of the goods or services included in a trial delivery.

AB169-ASA1,8,8 (7) Prohibitions. No seller may do any of the following:

AB169-ASA1,8,9 (a) Misrepresent the terms of a trial delivery sales plan.

AB169-ASA1,8,11 (b) Misrepresent to any consumer that the consumer has agreed to a trial delivery sales plan.

AB169-ASA1,8,13 (c) Make any false, deceptive or misleading representation in the solicitation or implementation of a trial delivery sales plan.

AB169-ASA1,8,15 (d) Make any trial delivery, or bill any consumer for a trial delivery, contrary to the terms of the trial delivery sales plan.

AB169-ASA1,8,17 (e) Initiate a trial delivery under a trial delivery sales plan that is no longer in effect.

AB169-ASA1, s. 3 Section 3. 100.197 of the statutes is created to read:

AB169-ASA1,8,19 100.197 Lawn care service contracts. (1) Definitions. In this section:

AB169-ASA1,8,21 (a) "Consumer" means an individual to whom a provider sells or leases, or offers to sell or lease, lawn care services.

AB169-ASA1,8,22 (b) "In writing" has the meaning given in s. 100.196 (1) (f).

AB169-ASA1,8,24 (c) "Lawn care services" means any of the following services provided in or around a consumer's personal residence for nonagricultural purposes:

AB169-ASA1,9,2 1. Application of a fertilizer, a pesticide or a soil or plant additive intended to promote plant growth or health.

AB169-ASA1,9,3 2. A plant mowing or trimming service.

AB169-ASA1,9,5 (d) "Provider" means a person who sells or leases, or offers to sell or lease, lawn care services to consumers.

AB169-ASA1,9,7 (e) "Written disclosure" means a clear and conspicuous statement in writing that is designed to be readily noticed and understood by the consumer.

AB169-ASA1,9,11 (2) Continuing contract; required terms; annual disclosure. (a) No contract for lawn care services may be in effect for more than one year unless, in the 2nd and any subsequent year, the provider makes a written disclosure at least 30 days before providing lawn care services under the contract in that year.

AB169-ASA1,9,13 (b) A written disclosure under this subsection shall include all of the following information:

AB169-ASA1,9,15 1. The lawn care services included in the contract, and the price and frequency of those lawn care services.

AB169-ASA1,9,16 2. The right of the consumer to cancel the contract as provided in par. (c).

AB169-ASA1,9,20 (c) A contract for lawn care services that may be in effect for more than one year shall allow the consumer the right to cancel the contract, at no cost to the consumer, if the consumer cancels within 30 days after receiving a written disclosure from the provider.

AB169-ASA1, s. 4 Section 4. 100.198 of the statutes is created to read:

AB169-ASA1,9,24 100.198 Unfair billing; trial deliveries; lawn care services; penalties and remedies. (1) Investigation. The department may exercise its authority under ss. 93.14 and 93.15 to investigate violations of s. 100.195, 100.196 or 100.197.

AB169-ASA1,10,5 (2) Civil actions by private persons. Any person suffering pecuniary loss because of a violation of s. 100.195, 100.196 or 100.197 may commence an action for the pecuniary loss and if the person prevails, the person shall recover twice the amount of the pecuniary loss or $200 for each violation, whichever is greater, together with costs, including reasonable attorney fees.

AB169-ASA1,10,10 (3) Injunction and restitution. The department may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of s. 100.195, 100.196 or 100.197. Before entry of final judgment, the court may make any necessary orders to restore to any person any pecuniary loss suffered by the person because of the violation.

AB169-ASA1,10,13 (4) Civil forfeiture. The department or any district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of s. 100.195, 100.196 or 100.197.

AB169-ASA1,10,16 (5) Criminal penalties. A person who violates s. 100.195, 100.196 or 100.197 is subject to a fine of not less than $25 nor more than $5,000 or imprisonment not to exceed one year or both for each violation.

AB169-ASA1,10,21 (6) Additional remedies. Sections 100.195, 100.196 and 100.197 do not preempt the administration or enforcement of s. 100.18 or 100.20. Practices in violation of s. 100.195, 100.196 or 100.197 may also constitute unfair methods of competition or unfair trade practices under s. 100.20 or fraudulent representations under s. 100.18.

AB169-ASA1, s. 5 Section 5. 165.25 (4) (ar) of the statutes is amended to read:

AB169-ASA1,11,3 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.18, 100.182, 100.195, 100.196, 100.197, 100.20, 100.205, 100.207, 100.21, 100.28, 100.50, 134.22, 134.42, 134.68, 134.70, 134.74, 134.83 and 134.85 and chs. 136, 344, 704, 707 and 779, together with any other services as are necessarily connected to the legal services.

AB169-ASA1, s. 6 Section 6. 814.04 (intro.) of the statutes is amended to read:

AB169-ASA1,11,8 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.198 (2), 106.04 (6) (i) and (6m) (a), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

AB169-ASA1, s. 7 Section 7. Initial applicability.

AB169-ASA1,11,11 (1) Unfair billing. The treatment of section 100.195 of the statutes first applies to violations committed on the effective date of this subsection.

AB169-ASA1,11,14 (2) Trial delivery sales plans. The treatment of section 100.196 of the statutes first applies to trial delivery sales plans entered into on the effective date of this subsection.

AB169-ASA1,11,16 (3) Lawn care service contracts. The treatment of section 100.197 of the statutes first applies to contracts entered into on the effective date of this subsection.

AB169-ASA1, s. 8 Section 8. Effective date.

AB169-ASA1,11,19 (1) This act takes effect on first day of the 10th month beginning after publication.

AB169-ASA1,11,20 (End)