AB308: Bill Text

AB308,5,10 (b) The secretary shall appoint an advisory committee to make recommendations regarding the content and scope of any rule promulgated under par. (a). The recommendations of the advisory committee, if any, shall be submitted to the board of agriculture, trade and consumer protection and to the presiding officer of each house of the legislature as part of the report required under s. 227.19 (2). The advisory committee shall consist of the attorney general or his or her designee and the following persons appointed by the secretary:

AB308,5,11 1. One or more persons who are consumers in this state.

AB308,5,13 2. One or more persons who are employed in this state by a direct marketing employer.

AB308,5,14 3. One or more persons who represent senior citizens.

AB308, s. 2 Section 2. 100.197 of the statutes is created to read:

AB308,5,16 100.197 Lawn care service contracts. (1) Definitions. In this section:

AB308,5,18 (a) "Consumer" means an individual to whom a provider sells or leases, or offers to sell or lease, lawn care service.

AB308,5,23 (b) "In writing" means legibly printed on paper or another tangible nonelectronic medium that is delivered to the consumer, or legibly printed in an electronic form that the consumer can electronically retrieve, store, or print for future reference. "In writing" does not include presentation on a medium, such as a billboard, that cannot be conveniently retained by a consumer.

AB308,5,25 (c) "Lawn care service" means any of the following services provided in or around a consumer's personal residence for nonagricultural purposes:

AB308,6,2 1. Application of a fertilizer, a pesticide, or a soil or plant additive intended to promote plant growth or health.

AB308,6,3 2. A plant mowing or trimming service.

AB308,6,5 (d) "Provider" means a person who sells or leases, or offers to sell or lease, lawn care service to consumers.

AB308,6,7 (e) "Written disclosure" means a clear and conspicuous statement in writing that is designed to be readily noticed and understood by the consumer.

AB308,6,11 (2) Continuing contract; required terms; annual disclosure. (a) No contract for lawn care service 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 service under the contract in that year.

AB308,6,13 (b) A written disclosure under this subsection shall include all of the following information:

AB308,6,15 1. The lawn care service included in the contract and the price and frequency of the lawn care service.

AB308,6,16 2. The right of the consumer to cancel the contract as provided in par. (c).

AB308,6,20 (c) A contract for lawn care service 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.

AB308, s. 3 Section 3. 100.198 of the statutes is created to read:

AB308,6,24 100.198 Unfair billing; lawn care service; 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 or 100.197.

AB308,7,5 (2) Civil actions by private persons. Any person suffering pecuniary loss because of a violation of s. 100.195 or 100.197 may commence an action for the pecuniary loss. 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.

AB308,7,10 (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 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.

AB308,7,13 (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 or 100.197.

AB308,7,16 (5) Criminal penalties. A person who violates s. 100.195 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.

AB308,7,20 (6) Additional remedies. Sections 100.195 and 100.197 do not preempt the administration or enforcement of s. 100.18 or 100.20. Practices in violation of s. 100.195 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.

AB308, s. 4 Section 4. 165.25 (4) (ar) of the statutes is amended to read:

AB308,8,2 165.25 (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. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and, 100.51, 100.95, and 100.97 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

AB308, s. 5 Section 5. 814.04 (intro.) of the statutes is amended to read:

AB308,8,8 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.198 (2), 100.30 (5m), 106.50 (6) (i), and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 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:

AB308, s. 6 Section 6. Initial applicability.

AB308,8,11 (1) Unfair billing. The treatment of section 100.195 of the statutes first applies to violations committed on the effective date of this subsection.

AB308,8,13 (2) 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.

AB308, s. 7 Section 7. Effective date.

AB308,8,16 (1) This act takes effect on first day of the 10th month beginning after publication.

AB308,8,17 (End)