Fla. Admin. Code Ann. R. 2-33.004 - Alternative Forms; Approval
(1) The
Department of Legal Affairs shall authorize the use of other disclosure forms
by a manufacturer to comply with this rule chapter, provided the following
conditions are met:
(a) The manufacturer shall
submit any proposed alternative form for which authorization is sought, or a
copy thereof, to: The Department of Legal Affairs, Lemon Law Enforcement Unit,
The Capitol, Tallahassee, Florida 32399-1050. Such forms already in use by a
manufacturer shall be submitted within 10 days after the effective date of this
rule chapter. Such forms which may be developed by a manufacturer in the future
shall be submitted prior to their use by the manufacturer.
(b) The proposed alternative form must
contain substantially the same information as the Resale Disclosure of
Nonconformity form referenced in section
2-33.002, F.S., and the
manufacturer shall provide for distribution of the proposed alternative form to
the Department of Legal Affairs and to the ultimate consumer in the same manner
and within the same time limits as are set forth at sections
2-33.002 and
2-33.003, F.S., of this
chapter.
(c) The manufacturer shall
set forth in the proposed alternative form, or in a separate document to
accompany said form, in clear and conspicuous language, the warranty provided
in section 681.114, F.S. If the warranty is
to be conveyed by a separate document, such document shall be furnished to the
Department of Legal Affairs with the proposed alternative
form.
(2) Upon receipt of
the proposed alternative form and any accompanying documents, the Department of
Legal Affairs shall review same and notify the manufacturer in writing as to
whether the proposed alternative form is approved or disapproved. If
disapproved, the reasons for disapproval shall be stated and the manufacturer
will be permitted to submit a corrected alternative form for reconsideration.
If disapproved after reconsideration, the manufacturer shall use the form
referenced in section
2-33.002, F.S., of this
chapter.
(3) If the Department of
Legal Affairs determines that the alternative form approved for use by the
manufacturer no longer meets the requirements of this rule chapter or section
681.114, F.S., the manufacturer
shall be so notified in writing and will discontinue use of such alternative
form until such time as the Department of Legal Affairs determines that the
form and its distribution again comply with the provisions of this rule chapter
and section 681.114,
F.S.
Notes
Rulemaking Authority 681.114, 681.118 FS. Law Implemented 681.114 FS.
New 6-14-89, Amended 1-25-93.
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