Florida Regulations 2-33.004: Alternative Forms; Approval
Current as of: 2024 | Check for updates
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(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 Florida Statutes § 681.114 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 Florida Statutes § 681.114, 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 Florida Statutes § 681.114
Rulemaking Authority 681.114, 681.118 FS. Law Implemented Florida Statutes § 681.114. History-New 6-14-89, Amended 1-25-93.
(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 Florida Statutes § 681.114 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 Florida Statutes § 681.114, 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 Florida Statutes § 681.114
Rulemaking Authority 681.114, 681.118 FS. Law Implemented Florida Statutes § 681.114. History-New 6-14-89, Amended 1-25-93.