Florida Senate - 2011                             CS for SB 1916
       
       
       
       By the Committee on Commerce and Tourism; and Senator Detert
       
       
       
       
       577-03340A-11                                         20111916c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending ss. 14.26, 20.14, 213.053,
    4         320.275, and 366.85, F.S.; renaming the Division of
    5         Consumer Services within the department as the
    6         “Division of Consumer Protection”; amending s. 320.90,
    7         F.S.; deleting a reference to the Department of
    8         Agriculture and Consumer Services; amending s.
    9         493.6105, F.S.; revising the information that a person
   10         must supply in an application for licensure as a
   11         private investigator, private security service, or
   12         repossession service; deleting a requirement that
   13         certain applicants supply photographs along with an
   14         application; revising the certificates that a person
   15         applying for a class “K” firearms instructor’s license
   16         must supply along with an application for the license;
   17         making technical and grammatical changes; amending s.
   18         493.6106, F.S.; providing that applicants for certain
   19         licenses as a private investigator, private security
   20         service or repossession service must meet certain
   21         citizenship or immigration requirements and not be
   22         prohibited by law from purchasing a firearm; making
   23         grammatical and technical changes; amending s.
   24         493.6107, F.S.; authorizing a Class “M,” Class “G,”
   25         and Class “K” licensee or applicant to pay examination
   26         fees and license fees by personal check or, if
   27         authorized by the department, by electronic funds
   28         transfer; amending s. 493.6108, F.S.; requiring the
   29         department to investigate the mental fitness of an
   30         applicant of a Class “K” firearms instructor license;
   31         amending s. 493.6111, F.S.; providing that Class “K”
   32         firearms instructor licenses are valid for 3 years;
   33         requiring an applicant for a recovery school or
   34         security officer school to receive approval from the
   35         department before operating under a fictitious name;
   36         making technical and grammatical changes; amending s.
   37         493.6113, F.S.; deleting a requirement that Class “A”
   38         private investigative agency licensees and Class “R”
   39         recovery agency licensees provide evidence of certain
   40         insurance coverage with an application to renew a
   41         license; requiring a Class “K” firearms instructor
   42         licensee to submit proof of certification to provide
   43         firearms instruction; amending s. 493.6115, F.S.;
   44         conforming cross-references to changes made by the
   45         act; making technical and grammatical changes;
   46         amending s. 493.6118, F.S.; authorizing the department
   47         to take disciplinary action against a Class “G”
   48         statewide firearms licensee or applicant or a Class
   49         “K” firearms instructor licensee or applicant if the
   50         person is prohibited from purchasing a firearm by law;
   51         amending s. 493.6121, F.S.; deleting a provision
   52         authorizing the department to have access to certain
   53         criminal history information of a purchaser of a
   54         firearm; amending s. 493.6202, F.S.; authorizing a
   55         Class “A,” Class “AA,” Class “MA,” Class “C,” or Class
   56         “CC” licensee or applicant to pay examination fees and
   57         license fees by personal check or, if authorized by
   58         the department, by electronic funds transfer; amending
   59         s. 493.6203, F.S.; providing that experience as a
   60         bodyguard does not qualify as experience or training
   61         for purposes of a Class “MA” or Class “C” license;
   62         requiring an initial applicant for a Class “CC”
   63         license to complete specified training courses; making
   64         technical and grammatical changes and conforming a
   65         cross-reference; amending s. 493.6302, F.S.;
   66         authorizing a Class “B,” Class “BB,” Class “MB,” Class
   67         “D,” Class “DS,” or Class “DI” licensee or applicant
   68         to pay examination fees and license fees by personal
   69         check or, if authorized by the department, by
   70         electronic funds transfer; amending s. 493.6303, F.S.;
   71         requiring an applicant for an initial Class “D”
   72         license to complete specified training courses; making
   73         technical and grammatical changes; amending s.
   74         493.6304, F.S.; requiring an application for a
   75         security officer school or training facility to be
   76         verified under oath; amending ss. 493.6401 and
   77         493.6402, F.S.; renaming reposessors as “recovery
   78         agents”; authorizing a Class “R,” Class “RR,” Class
   79         “MR,” Class “E,” Class “EE,” Class “RS,” or Class “RI”
   80         licensee or applicant to pay examination fees and
   81         license fees by personal check or, if authorized by
   82         the department, by electronic funds transfer; amending
   83         s. 493.6406, F.S.; requiring recovery agent schools or
   84         instructors to be licensed by the department to offer
   85         training to Class “E” licensees and applicants;
   86         amending ss. 496.404, 496.411, and 496.412, F.S.;
   87         renaming the Division of Consumer Services as the
   88         “Division of Consumer Protection”; amending s.
   89         496.419, F.S.; clarifying the powers of the department
   90         to enter an order; amending s. 501.015, F.S.;
   91         correcting a reference to a local business tax
   92         receipt; amending s. 501.017, F.S.; specifying the
   93         minimum type size for requiring certain disclosures in
   94         contracts between a consumer and a health studio;
   95         amending s. 501.145, F.S.; deleting a reference to the
   96         department as an enforcing authority in the Bedding
   97         Label Act; amending s. 501.160, F.S.; deleting
   98         authorization for the department to enforce certain
   99         prohibitions against unconscionable practices during a
  100         declared state of emergency; amending s. 501.605,
  101         F.S.; deleting a requirement that a person supply his
  102         or her social security number on an application as a
  103         commercial telephone seller and adding a requirement
  104         for another valid form of identification; amending s.
  105         501.607, F.S.; deleting a requirement that a person
  106         supply his or her social security number on an
  107         application as a salesperson; amending s. 539.001,
  108         F.S.; correcting a reference to a local business tax
  109         receipt; amending s. 559.805, F.S.; deleting a
  110         requirement that a seller of a business opportunity
  111         provide the social security numbers of the seller’s
  112         agents to the department; amending s. 559.904, F.S.;
  113         correcting a reference to a local business tax
  114         receipt; amending s. 559.928, F.S.; correcting a
  115         reference to a local business tax receipt; amending s.
  116         559.935, F.S.; correcting a reference to local
  117         business tax receipts; amending s. 570.29, F.S.;
  118         renaming the Division of Consumer Services as the
  119         “Division of Consumer Protection”; amending s.
  120         570.544, F.S.; renaming the Division of Consumer
  121         Services as the “Division of Consumer Protection”;
  122         amending s. 681.102, F.S.; deleting a reference to the
  123         division in the Motor Vehicle Warranty Enforcement
  124         Act; amending ss. 681.103, 681.108, and 681.109, F.S.;
  125         transferring certain responsibilities under the Lemon
  126         Law to the department from the Division of Consumer
  127         Services; amending s. 681.1095, F.S.; transferring
  128         certain responsibilities relating to the New Motor
  129         Vehicle Arbitration Board to the department from the
  130         Division of Consumer Services; authorizing the board
  131         to send its decisions by any method providing a
  132         delivery confirmation; authorizing the department to
  133         adopt rules; amending s. 681.1096, F.S.; conforming a
  134         cross-reference; amending s. 681.112, F.S.;
  135         transferring certain responsibilities relating to the
  136         Lemon Law to the department from the Division of
  137         Consumer Services; amending s. 681.117, F.S.; deleting
  138         a provision requiring the Department of Legal Affairs
  139         to contract with the Division of Consumer Services for
  140         services relating to dispute settlement procedures and
  141         the New Motor Vehicle Arbitration Board; amending s.
  142         849.0915, F.S.; renaming the Division of Consumer
  143         Services as the “Division of Consumer Protection”;
  144         providing an effective date.
  145  
  146  Be It Enacted by the Legislature of the State of Florida:
  147  
  148         Section 1. Subsection (4) of section 14.26, Florida
  149  Statutes, is amended to read:
  150         14.26 Citizen’s Assistance Office.—
  151         (4) The Citizen’s Assistance Office shall refer consumer
  152  oriented complaints to the Division of Consumer Protection
  153  Services of the Department of Agriculture and Consumer Services.
  154         Section 2. Paragraph (e) of subsection (2) of section
  155  20.14, Florida Statutes, is amended to read:
  156         20.14 Department of Agriculture and Consumer Services.
  157  There is created a Department of Agriculture and Consumer
  158  Services.
  159         (2) The following divisions of the Department of
  160  Agriculture and Consumer Services are established:
  161         (e) Consumer Protection Services.
  162         Section 3. Paragraph (q) of subsection (8) of section
  163  213.053, Florida Statutes, as amended by chapter 2010-280, Laws
  164  of Florida, is amended to read:
  165         213.053 Confidentiality and information sharing.—
  166         (8) Notwithstanding any other provision of this section,
  167  the department may provide:
  168         (q) Names, addresses, and sales tax registration
  169  information to the Division of Consumer Protection Services of
  170  the Department of Agriculture and Consumer Services in the
  171  conduct of its official duties.
  172  
  173  Disclosure of information under this subsection shall be
  174  pursuant to a written agreement between the executive director
  175  and the agency. Such agencies, governmental or nongovernmental,
  176  shall be bound by the same requirements of confidentiality as
  177  the Department of Revenue. Breach of confidentiality is a
  178  misdemeanor of the first degree, punishable as provided by s.
  179  775.082 or s. 775.083.
  180         Section 4. Paragraphs (a) and (b) of subsection (2) of
  181  section 320.275, Florida Statutes, are amended to read:
  182         320.275 Automobile Dealers Industry Advisory Board.—
  183         (2) MEMBERSHIP, TERMS, MEETINGS.—
  184         (a) The board shall be composed of 12 members. The
  185  executive director of the Department of Highway Safety and Motor
  186  Vehicles shall appoint the members from names submitted by the
  187  entities for the designated categories the member will
  188  represent. The executive director shall appoint one
  189  representative of the Department of Highway Safety and Motor
  190  Vehicles, who must represent the Division of Motor Vehicles; two
  191  representatives of the independent motor vehicle industry as
  192  recommended by the Florida Independent Automobile Dealers
  193  Association; two representatives of the franchise motor vehicle
  194  industry as recommended by the Florida Automobile Dealers
  195  Association; one representative of the auction motor vehicle
  196  industry who is from an auction chain and is recommended by a
  197  group affiliated with the National Auto Auction Association; one
  198  representative of the auction motor vehicle industry who is from
  199  an independent auction and is recommended by a group affiliated
  200  with the National Auto Auction Association; one representative
  201  from the Department of Revenue; a Florida tax collector
  202  representative recommended by the Florida Tax Collectors
  203  Association; one representative from the Better Business Bureau;
  204  one representative from the Department of Agriculture and
  205  Consumer Services, who must represent the Division of Consumer
  206  Protection Services; and one representative of the insurance
  207  industry who writes motor vehicle dealer surety bonds.
  208         (b)1. The executive director shall appoint the following
  209  initial members to 1-year terms: one representative from the
  210  motor vehicle auction industry who represents an auction chain,
  211  one representative from the independent motor vehicle industry,
  212  one representative from the franchise motor vehicle industry,
  213  one representative from the Department of Revenue, one Florida
  214  tax collector, and one representative from the Better Business
  215  Bureau.
  216         2. The executive director shall appoint the following
  217  initial members to 2-year terms: one representative from the
  218  motor vehicle auction industry who represents an independent
  219  auction, one representative from the independent motor vehicle
  220  industry, one representative from the franchise motor vehicle
  221  industry, one representative from the Division of Consumer
  222  Protection Services, one representative from the insurance
  223  industry, and one representative from the Division of Motor
  224  Vehicles.
  225         3. As the initial terms expire, the executive director
  226  shall appoint successors from the same designated category for
  227  terms of 2 years. If renominated, a member may succeed himself
  228  or herself.
  229         4. The board shall appoint a chair and vice chair at its
  230  initial meeting and every 2 years thereafter.
  231         Section 5. Section 320.90, Florida Statutes, is amended to
  232  read:
  233         320.90 Notification of consumer’s rights.—The department
  234  shall develop a motor vehicle consumer’s rights pamphlet which
  235  shall be distributed free of charge by the Department of
  236  Agriculture and Consumer Services to the motor vehicle owner
  237  upon request. Such pamphlet must contain information relating to
  238  odometer fraud and provide a summary of the rights and remedies
  239  available to all purchasers of motor vehicles.
  240         Section 6. Section 366.85, Florida Statutes, is amended to
  241  read:
  242         366.85 Responsibilities of Division of Consumer Protection
  243  Services.—The Division of Consumer Protection Services of the
  244  Department of Agriculture and Consumer Services is shall be the
  245  agency responsible for consumer conciliatory conferences, if
  246  such conferences are required pursuant to federal law. The
  247  division shall also be the agency responsible for preparing
  248  lists of sources for energy conservation products or services
  249  and of financial institutions offering energy conservation
  250  loans, if such lists are required pursuant to federal law.
  251  Notwithstanding any provision of federal law to the contrary,
  252  the division shall not require any manufacturer’s warranty
  253  exceeding 1 year in order for a source of conservation products
  254  or services to be included on the appropriate list. The lists
  255  shall be prepared for the service area of each utility and shall
  256  be furnished to each utility for distribution to its customers.
  257  The division shall update the lists on a systematic basis and
  258  shall remove from any list any person who has been disciplined
  259  by any state agency or who has otherwise exhibited a pattern of
  260  unsatisfactory work and any person who requests removal from
  261  such lists. The division may is authorized to adopt rules to
  262  implement the provisions of this section.
  263         Section 7. Section 493.6105, Florida Statutes, is amended
  264  to read:
  265         493.6105 Initial application for license.—
  266         (1) Each individual, partner, or principal officer in a
  267  corporation, shall file with the department a complete
  268  application accompanied by an application fee not to exceed $60,
  269  except that the applicant for a Class “D” or Class “G” license
  270  is shall not be required to submit an application fee. The
  271  application fee is shall not be refundable.
  272         (a) The application submitted by any individual, partner,
  273  or corporate officer must shall be approved by the department
  274  before the prior to that individual, partner, or corporate
  275  officer assumes assuming his or her duties.
  276         (b) Individuals who invest in the ownership of a licensed
  277  agency, but do not participate in, direct, or control the
  278  operations of the agency are shall not be required to file an
  279  application.
  280         (2) Each application must shall be signed and verified by
  281  the individual under oath as provided in s. 92.525 and shall be
  282  notarized.
  283         (3) The application must shall contain the following
  284  information concerning the individual signing the application
  285  same:
  286         (a) Name and any aliases.
  287         (b) Age and date of birth.
  288         (c) Place of birth.
  289         (d) Social security number or alien registration number,
  290  whichever is applicable.
  291         (e) Current Present residence address and mailing address
  292  his or her residence addresses within the 5 years immediately
  293  preceding the submission of the application.
  294         (f) Occupations held presently and within the 5 years
  295  immediately preceding the submission of the application.
  296         (f)(g) A statement of all criminal convictions, findings of
  297  guilt, and pleas of guilty or nolo contendere, regardless of
  298  adjudication of guilt. An applicant for a Class “G” or Class “K”
  299  license who is younger than 24 years of age shall also include a
  300  statement regarding any finding of having committed a delinquent
  301  act in any state, territory, or country which would be a felony
  302  if committed by an adult and which is punishable by imprisonment
  303  for a term exceeding 1 year.
  304         (g) One passport-type color photograph taken within the 6
  305  months immediately preceding submission of the application.
  306         (h) A statement whether he or she has ever been adjudicated
  307  incompetent under chapter 744.
  308         (i) A statement whether he or she has ever been committed
  309  to a mental institution under chapter 394.
  310         (j) A full set of fingerprints on a card provided by the
  311  department and a fingerprint fee to be established by rule of
  312  the department based upon costs determined by state and federal
  313  agency charges and department processing costs. An applicant who
  314  has, within the immediately preceding 6 months, submitted a
  315  fingerprint card and fee for licensing purposes under this
  316  chapter is shall not be required to submit another fingerprint
  317  card or fee.
  318         (k) A personal inquiry waiver that which allows the
  319  department to conduct necessary investigations to satisfy the
  320  requirements of this chapter.
  321         (l) Such further facts as may be required by the department
  322  to show that the individual signing the application is of good
  323  moral character and qualified by experience and training to
  324  satisfy the requirements of this chapter.
  325         (4) In addition to the application requirements outlined in
  326  subsection (3), the applicant for a Class “C,” Class “CC,” Class
  327  “E,” Class “EE,” or Class “G” license shall submit two color
  328  photographs taken within the 6 months immediately preceding the
  329  submission of the application, which meet specifications
  330  prescribed by rule of the department. All other applicants shall
  331  submit one photograph taken within the 6 months immediately
  332  preceding the submission of the application.
  333         (4)(5) In addition to the application requirements outlined
  334  under subsection (3), the applicant for a Class “C,” Class “E,”
  335  Class “M,” Class “MA,” Class “MB,” or Class “MR” license must
  336  shall include a statement on a form provided by the department
  337  of the experience that which he or she believes will qualify him
  338  or her for such license.
  339         (5)(6) In addition to the requirements outlined in
  340  subsection (3), an applicant for a Class “G” license must shall
  341  satisfy minimum training criteria for firearms established by
  342  rule of the department, which training criteria includes shall
  343  include, but is not limited to, 28 hours of range and classroom
  344  training taught and administered by a Class “K” licensee;
  345  however, no more than 8 hours of such training shall consist of
  346  range training. If the applicant submits can show proof that he
  347  or she is an active law enforcement officer currently certified
  348  under the Criminal Justice Standards and Training Commission or
  349  has completed the training required for that certification
  350  within the last 12 months, or if the applicant submits one of
  351  the certificates specified in paragraph (6)(a) (7)(a), the
  352  department may waive the foregoing firearms training
  353  requirement.
  354         (6)(7) In addition to the requirements under subsection
  355  (3), an applicant for a Class “K” license must shall:
  356         (a) Submit one of the following certificates:
  357         1. The Florida Criminal Justice Standards and Training
  358  Commission Instructor Firearms Instructor’s Certificate and
  359  written confirmation by the commission that the applicant
  360  possesses an active firearms certification.
  361         2. The National Rifle Association Police Firearms
  362  Instructor’s Certificate.
  363         2.3. The National Rifle Association Private Security
  364  Firearm Instructor Firearms Instructor’s Certificate.
  365         3.4. A firearms instructor instructor’s certificate issued
  366  by from a federal law enforcement agency, state, county, or
  367  municipal police academy in this state recognized as such by the
  368  Criminal Justice Standards and Training Commission or by the
  369  Department of Education.
  370         (b) Pay the fee for and pass an examination administered by
  371  the department which shall be based upon, but is not necessarily
  372  limited to, a firearms instruction manual provided by the
  373  department.
  374         (7)(8) In addition to the application requirements for
  375  individuals, partners, or officers outlined under subsection
  376  (3), the application for an agency license must shall contain
  377  the following information:
  378         (a) The proposed name under which the agency intends to
  379  operate.
  380         (b) The street address, mailing address, and telephone
  381  numbers of the principal location at which business is to be
  382  conducted in this state.
  383         (c) The street address, mailing address, and telephone
  384  numbers of all branch offices within this state.
  385         (d) The names and titles of all partners or, in the case of
  386  a corporation, the names and titles of its principal officers.
  387         (8)(9) Upon submission of a complete application, a Class
  388  “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
  389  Class “MA,” Class “MB,” or Class “MR” applicant may commence
  390  employment or appropriate duties for a licensed agency or branch
  391  office. However, the Class “C” or Class “E” applicant must work
  392  under the direction and control of a sponsoring licensee while
  393  his or her application is being processed. If the department
  394  denies application for licensure, the employment of the
  395  applicant must be terminated immediately, unless he or she
  396  performs only unregulated duties.
  397         Section 8. Paragraph (f) of subsection (1) and paragraph
  398  (a) of subsection (2) of section 493.6106, Florida Statutes, are
  399  amended, and paragraph (g) is added to subsection (1) of that
  400  section, to read:
  401         493.6106 License requirements; posting.—
  402         (1) Each individual licensed by the department must:
  403         (f) Be a citizen or permanent legal resident alien of the
  404  United States or have appropriate been granted authorization
  405  issued to seek employment in this country by the United States
  406  Bureau of Citizenship and Immigration Services of the United
  407  States Department of Homeland Security.
  408         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  409  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  410  “MB,” Class “MR,” or Class “RI” license who is not a United
  411  States citizen must submit proof of current employment
  412  authorization issued by the United States Citizenship and
  413  Immigration Services or proof that she or he is deemed a
  414  permanent legal resident alien by the United States Citizenship
  415  and Immigration Services.
  416         2. An applicant for a Class “G” or Class “K” license who is
  417  not a United States citizen must submit proof that she or he is
  418  deemed a permanent legal resident alien by the United States
  419  Citizenship and Immigration Services, together with additional
  420  documentation establishing that she or he has resided in the
  421  state of residence shown on the application for at least 90
  422  consecutive days before the date that the application is
  423  submitted.
  424         3. An applicant for an agency or school license who is not
  425  a United States citizen or permanent legal resident alien must
  426  submit documentation issued by the United States Citizenship and
  427  Immigration Services stating that she or he is lawfully in the
  428  United States and is authorized to own and operate the type of
  429  agency or school for which she or he is applying. An employment
  430  authorization card issued by the United States Citizenship and
  431  Immigration Services is not sufficient documentation.
  432         (g) Not be prohibited from purchasing or possessing a
  433  firearm by state or federal law if the individual is applying
  434  for a Class “G” license or a Class “K” license.
  435         (2) Each agency shall have a minimum of one physical
  436  location within this state from which the normal business of the
  437  agency is conducted, and this location shall be considered the
  438  primary office for that agency in this state.
  439         (a) If an agency or branch office desires to change the
  440  physical location of the business, as it appears on the agency
  441  license, the department must be notified within 10 days of the
  442  change, and, except upon renewal, the fee prescribed in s.
  443  493.6107 must be submitted for each license requiring revision.
  444  Each license requiring revision must be returned with such
  445  notification.
  446         Section 9. Subsection (3) of section 493.6107, Florida
  447  Statutes, is amended to read:
  448         493.6107 Fees.—
  449         (3) The fees set forth in this section must be paid by
  450  certified check or money order or, at the discretion of the
  451  department, by electronic funds transfer agency check at the
  452  time the application is approved, except that the applicant for
  453  a Class “G” or Class “M” license must pay the license fee at the
  454  time the application is made. If a license is revoked or denied
  455  or if the application is withdrawn, the license fee is
  456  nonrefundable shall not be refunded.
  457         Section 10. Subsections (1) and (3) of section 493.6108,
  458  Florida Statutes, are amended to read:
  459         493.6108 Investigation of applicants by Department of
  460  Agriculture and Consumer Services.—
  461         (1) Except as otherwise provided, prior to the issuance of
  462  a license under this chapter, the department must investigate an
  463  shall make an investigation of the applicant for a license under
  464  this chapter before it may issue the license. The investigation
  465  must shall include:
  466         (a)1. An examination of fingerprint records and police
  467  records. If When a criminal history record check analysis of any
  468  applicant under this chapter is performed by means of
  469  fingerprint card identification, the time limitations prescribed
  470  by s. 120.60(1) shall be tolled during the time the applicant’s
  471  fingerprint card is under review by the Department of Law
  472  Enforcement or the United States Department of Justice, Federal
  473  Bureau of Investigation.
  474         2. If a legible set of fingerprints, as determined by the
  475  Department of Law Enforcement or the Federal Bureau of
  476  Investigation, cannot be obtained after two attempts, the
  477  Department of Agriculture and Consumer Services may determine
  478  the applicant’s eligibility based upon a criminal history record
  479  check under the applicant’s name conducted by the Department of
  480  Law Enforcement if the and the Federal Bureau of Investigation.
  481  A set of fingerprints are taken by a law enforcement agency or
  482  the department and the applicant submits a written statement
  483  signed by the fingerprint technician or a licensed physician
  484  stating that there is a physical condition that precludes
  485  obtaining a legible set of fingerprints or that the fingerprints
  486  taken are the best that can be obtained is sufficient to meet
  487  this requirement.
  488         (b) An inquiry to determine if the applicant has been
  489  adjudicated incompetent under chapter 744 or has been committed
  490  to a mental institution under chapter 394.
  491         (c) Such other investigation of the individual as the
  492  department may deem necessary.
  493         (3) The department must shall also investigate the mental
  494  history and current mental and emotional fitness of any Class
  495  “G” or Class “K” applicant, and may deny a Class “G” or Class
  496  “K” license to anyone who has a history of mental illness or
  497  drug or alcohol abuse.
  498         Section 11. Subsections (2) and (4) of section 493.6111,
  499  Florida Statutes, are amended to read:
  500         493.6111 License; contents; identification card.—
  501         (2) Licenses shall be valid for a period of 2 years, except
  502  for Class “K” firearms instructor licenses and Class “A,” Class
  503  “B,” Class “AB,” Class “R,” and branch agency licenses, which
  504  shall be valid for a period of 3 years.
  505         (4) Notwithstanding the existence of a valid Florida
  506  corporate registration, an no agency or school licensee may not
  507  conduct activities regulated under this chapter under any
  508  fictitious name without prior written authorization from the
  509  department to use that name in the conduct of activities
  510  regulated under this chapter. The department may not authorize
  511  the use of a name that which is so similar to that of a public
  512  officer or agency, or of that used by another licensee, that the
  513  public may be confused or misled thereby. The authorization for
  514  the use of a fictitious name must shall require, as a condition
  515  precedent to the use of such name, the filing of a certificate
  516  of engaging in business under a fictitious name under s. 865.09.
  517  A No licensee may not shall be permitted to conduct business
  518  under more than one name except as separately licensed nor shall
  519  the license be valid to protect any licensee who is engaged in
  520  the business under any name other than that specified in the
  521  license. An agency desiring to change its licensed name must
  522  shall notify the department and, except upon renewal, pay a fee
  523  not to exceed $30 for each license requiring revision including
  524  those of all licensed employees except Class “D” or Class “G”
  525  licensees. Upon the return of such licenses to the department,
  526  revised licenses shall be provided.
  527         Section 12. Subsections (2) and (3) of section 493.6113,
  528  Florida Statutes, are amended to read:
  529         493.6113 Renewal application for licensure.—
  530         (2) At least No less than 90 days before prior to the
  531  expiration date of the license, the department shall mail a
  532  written notice to the last known mailing residence address of
  533  the licensee for individual licensees and to the last known
  534  agency address for agencies.
  535         (3) Each licensee is shall be responsible for renewing his
  536  or her license on or before its expiration by filing with the
  537  department an application for renewal accompanied by payment of
  538  the prescribed license fee.
  539         (a) Each Class “B” Class “A,” Class “B,” or Class “R”
  540  licensee shall additionally submit on a form prescribed by the
  541  department a certification of insurance that which evidences
  542  that the licensee maintains coverage as required under s.
  543  493.6110.
  544         (b) Each Class “G” licensee shall additionally submit proof
  545  that he or she has received during each year of the license
  546  period a minimum of 4 hours of firearms recertification training
  547  taught by a Class “K” licensee and has complied with such other
  548  health and training requirements which the department may adopt
  549  by rule. If proof of a minimum of 4 hours of annual firearms
  550  recertification training cannot be provided, the renewal
  551  applicant shall complete the minimum number of hours of range
  552  and classroom training required at the time of initial
  553  licensure.
  554         (c) Each Class “DS” or Class “RS” licensee shall
  555  additionally submit the current curriculum, examination, and
  556  list of instructors.
  557         (d) Each Class “K” firearms instructor licensee shall
  558  additionally submit one of the certificates specified under s.
  559  493.6105(6) as proof that he or she remains certified to provide
  560  firearms instruction.
  561         Section 13. Subsection (8), paragraph (d) of subsection
  562  (12), and subsection (16) of section 493.6115, Florida Statutes,
  563  are amended to read:
  564         493.6115 Weapons and firearms.—
  565         (8) A Class “G” applicant must satisfy the minimum training
  566  criteria as set forth in s. 493.6105(5) 493.6105(6) and as
  567  established by rule of the department.
  568         (12) The department may issue a temporary Class “G”
  569  license, on a case-by-case basis, if:
  570         (d) The applicant has received approval from the department
  571  subsequent to its conduct of a criminal history record check as
  572  authorized in s. 493.6108(1) 493.6121(6).
  573         (16) If the criminal history record check program
  574  referenced in s. 493.6108(1) 493.6121(6) is inoperable, the
  575  department may issue a temporary “G” license on a case-by-case
  576  basis, provided that the applicant has met all statutory
  577  requirements for the issuance of a temporary “G” license as
  578  specified in subsection (12), excepting the criminal history
  579  record check stipulated there; provided, that the department
  580  requires that the licensed employer of the applicant conduct a
  581  criminal history record check of the applicant pursuant to
  582  standards set forth in rule by the department, and provide to
  583  the department an affidavit containing such information and
  584  statements as required by the department, including a statement
  585  that the criminal history record check did not indicate the
  586  existence of any criminal history that would prohibit licensure.
  587  Failure to properly conduct such a check, or knowingly providing
  588  incorrect or misleading information or statements in the
  589  affidavit constitutes shall constitute grounds for disciplinary
  590  action against the licensed agency, including revocation of
  591  license.
  592         Section 14. Present paragraph (u) of subsection (1) of
  593  section 493.6118, Florida Statutes, is redesignated as paragraph
  594  (v), and a new paragraph (u) is added to that subsection to
  595  read:
  596         493.6118 Grounds for disciplinary action.—
  597         (1) The following constitute grounds for which disciplinary
  598  action specified in subsection (2) may be taken by the
  599  department against any licensee, agency, or applicant regulated
  600  by this chapter, or any unlicensed person engaged in activities
  601  regulated under this chapter.
  602         (u) For a Class “G” or a Class “K” applicant or licensee,
  603  being prohibited from purchasing or possessing a firearm by
  604  state or federal law.
  605         Section 15. Present subsections (7) and (8) of section
  606  493.6121, Florida Statutes, are renumbered as subsections (6)
  607  and (7), respectively, and subsection (6) of that section is
  608  amended, to read:
  609         493.6121 Enforcement; investigation.—
  610         (6) The department shall be provided access to the program
  611  that is operated by the Department of Law Enforcement, pursuant
  612  to s. 790.065, for providing criminal history record information
  613  to licensed gun dealers, manufacturers, and exporters. The
  614  department may make inquiries, and shall receive responses in
  615  the same fashion as provided under s. 790.065. The department
  616  shall be responsible for payment to the Department of Law
  617  Enforcement of the same fees as charged to others afforded
  618  access to the program.
  619         Section 16. Subsection (3) of section 493.6202, Florida
  620  Statutes, is amended to read:
  621         493.6202 Fees.—
  622         (3) The fees set forth in this section must be paid by
  623  certified check or money order or, at the discretion of the
  624  department, by electronic funds transfer agency check at the
  625  time the application is approved, except that the applicant for
  626  a Class “G,” Class “C,” Class “CC,” Class “M,” or Class “MA”
  627  license must pay the license fee at the time the application is
  628  made. If a license is revoked or denied or if the application is
  629  withdrawn, the license fee is nonrefundable shall not be
  630  refunded.
  631         Section 17. Subsections (2), (4), and (6) of section
  632  493.6203, Florida Statutes, are amended to read:
  633         493.6203 License requirements.—In addition to the license
  634  requirements set forth elsewhere in this chapter, each
  635  individual or agency shall comply with the following additional
  636  requirements:
  637         (2) An applicant for a Class “MA” license must shall have 2
  638  years of lawfully gained, verifiable, full-time experience, or
  639  training in:
  640         (a) Private investigative work or related fields of work
  641  that provided equivalent experience or training;
  642         (b) Work as a Class “CC” licensed intern;
  643         (c) Any combination of paragraphs (a) and (b);
  644         (d) Experience described in paragraph (a) for 1 year and
  645  experience described in paragraph (e) for 1 year;
  646         (e) No more than 1 year using:
  647         1. College coursework related to criminal justice,
  648  criminology, or law enforcement administration; or
  649         2. Successfully completed law enforcement-related training
  650  received from any federal, state, county, or municipal agency;
  651  or
  652         (f) Experience described in paragraph (a) for 1 year and
  653  work in a managerial or supervisory capacity for 1 year.
  654  
  655  However, experience in performing bodyguard services is not
  656  creditable toward the requirements of this subsection.
  657         (4) An applicant for a Class “C” license shall have 2 years
  658  of lawfully gained, verifiable, full-time experience, or
  659  training in one, or a combination of more than one, of the
  660  following:
  661         (a) Private investigative work or related fields of work
  662  that provided equivalent experience or training.
  663         (b) College coursework related to criminal justice,
  664  criminology, or law enforcement administration, or successful
  665  completion of any law enforcement-related training received from
  666  any federal, state, county, or municipal agency, except that no
  667  more than 1 year may be used from this category.
  668         (c) Work as a Class “CC” licensed intern.
  669  
  670  However, experience in performing bodyguard services is not
  671  creditable toward the requirements of this subsection.
  672         (6)(a) A Class “CC” licensee must shall serve an internship
  673  under the direction and control of a designated sponsor, who is
  674  a Class “C,” Class “MA,” or Class “M” licensee.
  675         (b) Effective January 1, 2012 September 1, 2008, before
  676  submission of an application to the department, the an applicant
  677  for a Class “CC” license must have completed a minimum of 40 at
  678  least 24 hours of professional training a 40-hour course
  679  pertaining to general investigative techniques and this chapter,
  680  which course is offered by a state university or by a school,
  681  community college, college, or university under the purview of
  682  the Department of Education, and the applicant must pass an
  683  examination. The training must be provided in two parts, one 24
  684  hour course and one 16-hour course. The certificate evidencing
  685  satisfactory completion of the 40 at least 24 hours of
  686  professional training a 40-hour course must be submitted with
  687  the application for a Class “CC” license. The remaining 16 hours
  688  must be completed and an examination passed within 180 days. If
  689  documentation of completion of the required training is not
  690  submitted within the specified timeframe, the individual’s
  691  license is automatically suspended or his or her authority to
  692  work as a Class “CC” pursuant to s. 493.6105(9) is rescinded
  693  until such time as proof of certificate of completion is
  694  provided to the department. The training course specified in
  695  this paragraph may be provided by face-to-face presentation,
  696  online technology, or a home study course in accordance with
  697  rules and procedures of the Department of Education. The
  698  administrator of the examination must verify the identity of
  699  each applicant taking the examination.
  700         1. Upon an applicant’s successful completion of each part
  701  of the approved training course and passage of any required
  702  examination, the school, community college, college, or
  703  university shall issue a certificate of completion to the
  704  applicant. The certificates must be on a form established by
  705  rule of the department.
  706         2. The department shall establish by rule the general
  707  content of the professional training course and the examination
  708  criteria.
  709         3. If the license of an applicant for relicensure is has
  710  been invalid for more than 1 year, the applicant must complete
  711  the required training and pass any required examination.
  712         (c) An individual who submits an application for a Class
  713  “CC” license on or after September 1, 2008, through December 31,
  714  2011, who has not completed the 16-hour course must submit proof
  715  of successful completion of the course within 180 days after the
  716  date the application is submitted. If documentation of
  717  completion of the required training is not submitted by that
  718  date, the individual’s license shall be automatically suspended
  719  until proof of the required training is submitted to the
  720  department. An individual licensed on or before August 31, 2008,
  721  is not required to complete additional training hours in order
  722  to renew an active license beyond the total required hours, and
  723  the timeframe for completion in effect at the time he or she was
  724  licensed applies.
  725         Section 18. Subsection (3) of section 493.6302, Florida
  726  Statutes, is amended to read:
  727         493.6302 Fees.—
  728         (3) The fees set forth in this section must be paid by
  729  certified check or money order or, at the discretion of the
  730  department, by electronic funds transfer agency check at the
  731  time the application is approved, except that the applicant for
  732  a Class “D,” Class “G,” Class “M,” or Class “MB” license must
  733  pay the license fee at the time the application is made. If a
  734  license is revoked or denied or if the application is withdrawn,
  735  the license fee is nonrefundable shall not be refunded.
  736         Section 19. Subsection (4) of section 493.6303, Florida
  737  Statutes, is amended to read:
  738         493.6303 License requirements.—In addition to the license
  739  requirements set forth elsewhere in this chapter, each
  740  individual or agency must shall comply with the following
  741  additional requirements:
  742         (4)(a) Effective January 1, 2012, an applicant for a Class
  743  “D” license must submit proof of successful completion of
  744  complete a minimum of 40 hours of professional training at a
  745  school or training facility licensed by the department. The
  746  training must be provided in two parts, one 24-hour course and
  747  one 16-hour course. The department shall by rule establish the
  748  general content and number of hours of each subject area to be
  749  taught.
  750         (b) An individual who submits an application for a Class
  751  “D” license on or after January 1, 2007, through December 31,
  752  2011, who has not completed the 16-hour course must submit proof
  753  of successful completion of the course within 180 days after the
  754  date the application is submitted. If documentation of
  755  completion of the required training is not submitted by that
  756  date, the individual’s license shall be automatically suspended
  757  until proof of the required training is submitted to the
  758  department. A person licensed before January 1, 2007, is not
  759  required to complete additional training hours in order to renew
  760  an active license beyond the total required hours, and the
  761  timeframe for completion in effect at the time he or she was
  762  licensed applies. An applicant may fulfill the training
  763  requirement prescribed in paragraph (a) by submitting proof of:
  764         1. Successful completion of the total number of required
  765  hours of training before initial application for a Class “D”
  766  license; or
  767         2. Successful completion of 24 hours of training before
  768  initial application for a Class “D” license and successful
  769  completion of the remaining 16 hours of training within 180 days
  770  after the date that the application is submitted. If
  771  documentation of completion of the required training is not
  772  submitted within the specified timeframe, the individual’s
  773  license is automatically suspended until such time as proof of
  774  the required training is provided to the department.
  775         (c) An individual However, any person whose license is
  776  suspended or has been revoked, suspended pursuant to paragraph
  777  (b) subparagraph 2., or is expired for at least 1 year, or
  778  longer is considered, upon reapplication for a license, an
  779  initial applicant and must submit proof of successful completion
  780  of 40 hours of professional training at a school or training
  781  facility licensed by the department as provided prescribed in
  782  paragraph (a) before a license is will be issued. Any person
  783  whose license was issued before January 1, 2007, and whose
  784  license has been expired for less than 1 year must, upon
  785  reapplication for a license, submit documentation of completion
  786  of the total number of hours of training prescribed by law at
  787  the time her or his initial license was issued before another
  788  license will be issued. This subsection does not require an
  789  individual licensed before January 1, 2007, to complete
  790  additional training hours in order to renew an active license,
  791  beyond the required total amount of training within the
  792  timeframe prescribed by law at the time she or he was licensed.
  793         Section 20. Subsection (2) of section 493.6304, Florida
  794  Statutes, is amended to read:
  795         493.6304 Security officer school or training facility.—
  796         (2) The application shall be signed and verified by the
  797  applicant under oath as provided in s. 92.525 notarized and must
  798  shall contain, at a minimum, the following information:
  799         (a) The name and address of the school or training facility
  800  and, if the applicant is an individual, her or his name,
  801  address, and social security or alien registration number.
  802         (b) The street address of the place at which the training
  803  is to be conducted.
  804         (c) A copy of the training curriculum and final examination
  805  to be administered.
  806         Section 21. Subsections (7) and (8) of section 493.6401,
  807  Florida Statutes, are amended to read:
  808         493.6401 Classes of licenses.—
  809         (7) Any person who operates a recovery agent repossessor
  810  school or training facility or who conducts an Internet-based
  811  training course or a correspondence training course must have a
  812  Class “RS” license.
  813         (8) Any individual who teaches or instructs at a Class “RS”
  814  recovery agent repossessor school or training facility shall
  815  have a Class “RI” license.
  816         Section 22. Subsections (1) and (3) of section 493.6402,
  817  Florida Statutes, are amended to read:
  818         493.6402 Fees.—
  819         (1) The department shall establish by rule biennial license
  820  fees that which shall not exceed the following:
  821         (a) Class “R” license—recovery agency: $450.
  822         (b) Class “RR” license—branch office: $125.
  823         (c) Class “MR” license—recovery agency manager: $75.
  824         (d) Class “E” license—recovery agent: $75.
  825         (e) Class “EE” license—recovery agent intern: $60.
  826         (f) Class “RS” license-recovery agent license—repossessor
  827  school or training facility: $60.
  828         (g) Class “RI” license-recovery agent license—repossessor
  829  school or training facility instructor: $60.
  830         (3) The fees set forth in this section must be paid by
  831  certified check or money order, or, at the discretion of the
  832  department, by or electronic funds transfer agency check at the
  833  time the application is approved, except that the applicant for
  834  a Class “E,” Class “EE,” or Class “MR” license must pay the
  835  license fee at the time the application is made. If a license is
  836  revoked or denied, or if an application is withdrawn, the
  837  license fee is nonrefundable shall not be refunded.
  838         Section 23. Section 493.6406, Florida Statutes, is amended
  839  to read:
  840         493.6406 Recovery agent Repossession services school or
  841  training facility.—
  842         (1) Any school, training facility, or instructor who offers
  843  the training outlined in s. 493.6403(2) for Class “E” or Class
  844  “EE” applicants shall, before licensure of such school, training
  845  facility, or instructor, file with the department an application
  846  accompanied by an application fee in an amount to be determined
  847  by rule, not to exceed $60. The fee shall not be refundable.
  848  This training may be offered as face-to-face training, Internet
  849  based training, or correspondence training.
  850         (2) The application must shall be signed and verified by
  851  the applicant under oath as provided in s. 92.525 notarized and
  852  shall contain, at a minimum, the following information:
  853         (a) The name and address of the school or training facility
  854  and, if the applicant is an individual, his or her name,
  855  address, and social security or alien registration number.
  856         (b) The street address of the place at which the training
  857  is to be conducted or the street address of the Class “RS”
  858  school offering Internet-based or correspondence training.
  859         (c) A copy of the training curriculum and final examination
  860  to be administered.
  861         (3) The department shall adopt rules establishing the
  862  criteria for approval of schools, training facilities, and
  863  instructors.
  864         Section 24. Subsection (7) of section 496.404, Florida
  865  Statutes, is amended to read:
  866         496.404 Definitions.—As used in ss. 496.401-496.424:
  867         (7) “Division” means the Division of Consumer Protection
  868  services of the Department of Agriculture and Consumer Services.
  869         Section 25. Subsection (3) of section 496.411, Florida
  870  Statutes, is amended to read:
  871         496.411 Disclosure requirements and duties of charitable
  872  organizations and sponsors.—
  873         (3) Every charitable organization or sponsor that which is
  874  required to register under s. 496.405 must conspicuously display
  875  in capital letters the following statement on every printed
  876  solicitation, written confirmation, receipt, or reminder of a
  877  contribution:
  878  
  879         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
  880         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
  881         CONSUMER PROTECTION SERVICES BY CALLING TOLL-FREE
  882         WITHIN THE STATE. REGISTRATION DOES NOT IMPLY
  883         ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE
  884         STATE.”
  885  
  886  The statement must include a toll-free number for the division
  887  which that can be used to obtain the registration information.
  888  When the solicitation consists of more than one piece, the
  889  statement must be displayed prominently in the solicitation
  890  materials.
  891         Section 26. Paragraph (c) of subsection (1) of section
  892  496.412, Florida Statutes, is amended to read:
  893         496.412 Disclosure requirements and duties of professional
  894  solicitors.—
  895         (1) A professional solicitor must comply with and be
  896  responsible for complying or causing compliance with the
  897  following disclosures:
  898         (c) In addition to the information required by paragraph
  899  (a), any written confirmation, receipt, or reminder of
  900  contribution made pursuant to an oral solicitation and any
  901  written solicitation shall conspicuously state in capital
  902  letters:
  903  
  904         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
  905         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
  906         CONSUMER PROTECTION SERVICES BY CALLING TOLL-FREE
  907         WITHIN THE STATE. REGISTRATION DOES NOT IMPLY
  908         ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE
  909         STATE.”
  910  
  911  The statement must include a toll-free number for the division
  912  which that can be used to obtain the registration information.
  913  When the solicitation consists of more than one piece, the
  914  statement must be displayed prominently in the solicitation
  915  materials.
  916         Section 27. Subsection (5) of section 496.419, Florida
  917  Statutes, is amended to read:
  918         496.419 Powers of the department.—
  919         (5) Upon a finding as set forth in subsection (4), the
  920  department may enter an order doing one or more of the
  921  following:
  922         (a) Issue Issuing a notice of noncompliance pursuant to s.
  923  120.695;
  924         (b) Issue Issuing a cease and desist order that directs
  925  that the person cease and desist specified fundraising
  926  activities;
  927         (c) Refuse Refusing to register or revoke canceling or
  928  suspend suspending a registration;
  929         (d) Place Placing the registrant on probation for a period
  930  of time, subject to such conditions as the department may
  931  specify;
  932         (e) Revoke Canceling an exemption granted under s. 496.406;
  933  or and
  934         (f) Impose Imposing an administrative fine not to exceed
  935  $1,000 for each act or omission that which constitutes a
  936  violation of ss. 496.401-496.424 or s. 496.426 or a rule or
  937  order.
  938  
  939  With respect to a s. 501(c)(3) organization, the penalty imposed
  940  pursuant to this subsection may shall not exceed $500 per
  941  violation. The penalty shall be the entire amount per violation
  942  and is not to be interpreted as a daily penalty.
  943         Section 28. Subsection (7) of section 501.015, Florida
  944  Statutes, is amended to read:
  945         501.015 Health studios; registration requirements and
  946  fees.—Each health studio shall:
  947         (7) Any person applying for or renewing a local
  948  occupational license to engage in business as a health studio
  949  must Exhibit an active registration certificate from the
  950  Department of Agriculture and Consumer Services before the local
  951  business tax receipt occupational license may be issued or
  952  reissued.
  953         Section 29. Subsection (1) of section 501.017, Florida
  954  Statutes, is amended to read:
  955         501.017 Health studios; contracts.—
  956         (1) Every contract for the sale of future health studio
  957  services which is paid for in advance or which the buyer agrees
  958  to pay for in future installment payments must shall be in
  959  writing and must shall contain, contractual provisions to the
  960  contrary notwithstanding, in immediate proximity to the space
  961  reserved in the contract for the signature of the buyer, and in
  962  at least 10-point boldfaced type, language substantially
  963  equivalent to the following:
  964         (a) A provision for the penalty-free cancellation of the
  965  contract within 3 days, exclusive of holidays and weekends, of
  966  its making, upon the mailing or delivery of written notice to
  967  the health studio, and refund upon such notice of all moneys
  968  paid under the contract, except that the health studio may
  969  retain an amount computed by dividing the number of complete
  970  days in the contract term or, if appropriate, the number of
  971  occasions health studio services are to be rendered into the
  972  total contract price and multiplying the result by the number of
  973  complete days that have passed since the making of the contract
  974  or, if appropriate, by the number of occasions that health
  975  studio services have been rendered. A refund shall be issued
  976  within 30 days after receipt of the notice of cancellation made
  977  within the 3-day provision.
  978         (b)1. A provision for the cancellation and refund of the
  979  contract if the contracting business location of the health
  980  studio goes out of business, or moves its facilities more than 5
  981  driving miles from the business location designated in such
  982  contract and fails to provide, within 30 days, a facility of
  983  equal quality located within 5 driving miles of the business
  984  location designated in such contract at no additional cost to
  985  the buyer.
  986         2. A provision that notice of intent to cancel by the buyer
  987  shall be given in writing to the health studio. Such a notice of
  988  cancellation from the consumer shall also terminate
  989  automatically the consumer’s obligation to any entity to whom
  990  the health studio has subrogated or assigned the consumer’s
  991  contract. If the health studio wishes to enforce such contract
  992  after receipt of such showing, it may request the department to
  993  determine the sufficiency of the showing.
  994         3. A provision that if the department determines that a
  995  refund is due the buyer, the refund shall be an amount computed
  996  by dividing the contract price by the number of weeks in the
  997  contract term and multiplying the result by the number of weeks
  998  remaining in the contract term. The business location of a
  999  health studio is shall not be deemed out of business when
 1000  temporarily closed for repair and renovation of the premises:
 1001         a. Upon sale, for not more than 14 consecutive days; or
 1002         b. During ownership, for not more than 7 consecutive days
 1003  and not more than two periods of 7 consecutive days in any
 1004  calendar year.
 1005  
 1006  A refund shall be issued within 30 days after receipt of the
 1007  notice of cancellation made pursuant to this paragraph.
 1008         (c) A provision in the disclosure statement advising the
 1009  buyer to contact the department for information within 60 days
 1010  should the health studio go out of business.
 1011         (d) A provision for the cancellation of the contract if the
 1012  buyer dies or becomes physically unable to avail himself or
 1013  herself of a substantial portion of those services which he or
 1014  she used from the commencement of the contract until the time of
 1015  disability, with refund of funds paid or accepted in payment of
 1016  the contract in an amount computed by dividing the contract
 1017  price by the number of weeks in the contract term and
 1018  multiplying the result by the number of weeks remaining in the
 1019  contract term. The contract may require a buyer or the buyer’s
 1020  estate seeking relief under this paragraph to provide proof of
 1021  disability or death. A physical disability sufficient to warrant
 1022  cancellation of the contract by the buyer shall be established
 1023  if the buyer furnishes to the health studio a certification of
 1024  such disability by a physician licensed under chapter 458,
 1025  chapter 459, chapter 460, or chapter 461 to the extent the
 1026  diagnosis or treatment of the disability is within the
 1027  physician’s scope of practice. A refund shall be issued within
 1028  30 days after receipt of the notice of cancellation made
 1029  pursuant to this paragraph.
 1030         (e) A provision that the initial contract will not be for a
 1031  period in excess of 36 months, and thereafter shall only be
 1032  renewable annually. Such renewal contracts may not be executed
 1033  and the fee therefor paid until 60 days or less before the
 1034  preceding contract expires.
 1035         (f) A provision that if the health studio requires a buyer
 1036  to furnish identification upon entry to the facility and as a
 1037  condition of using the services of the health studio, the health
 1038  studio must shall provide the buyer with the means of such
 1039  identification.
 1040         Section 30. Subsection (2) of section 501.145, Florida
 1041  Statutes, is amended to read:
 1042         501.145 Bedding Label Act.—
 1043         (2) DEFINITIONS.—For the purpose of this section, the term:
 1044         (a) “Bedding” means any mattress, box spring, pillow, or
 1045  cushion made of leather or any other material which is or can be
 1046  stuffed or filled in whole or in part with any substance or
 1047  material, which can be used by any human being for sleeping or
 1048  reclining purposes.
 1049         (b) “Department” means the Department of Agriculture and
 1050  Consumer Services.
 1051         (b)(c) “Enforcing authority” means the Department of
 1052  Agriculture and Consumer Services or the Department of Legal
 1053  Affairs.
 1054         Section 31. Subsection (8) of section 501.160, Florida
 1055  Statutes, is amended to read:
 1056         501.160 Rental or sale of essential commodities during a
 1057  declared state of emergency; prohibition against unconscionable
 1058  prices.—
 1059         (8) Any violation of this section may be enforced by the
 1060  Department of Agriculture and Consumer Services, the office of
 1061  the state attorney, or the Department of Legal Affairs.
 1062         Section 32. Paragraphs (a) and (l) of subsection (2) of
 1063  section 501.605, Florida Statutes, are amended to read:
 1064         501.605 Licensure of commercial telephone sellers.—
 1065         (2) An applicant for a license as a commercial telephone
 1066  seller must submit to the department, in such form as it
 1067  prescribes, a written application for the license. The
 1068  application must set forth the following information:
 1069         (a) The true name, date of birth, driver’s license number,
 1070  or other valid form of identification social security number,
 1071  and home address of the applicant, including each name under
 1072  which he or she intends to do business.
 1073         (l) The true name, current home address, date of birth,
 1074  social security number, and all other names by which known, or
 1075  previously known, of each:
 1076         1. Principal officer, director, trustee, shareholder,
 1077  owner, or partner of the applicant, and of each other person
 1078  responsible for the management of the business of the applicant.
 1079         2. Office manager or other person principally responsible
 1080  for a location from which the applicant will do business.
 1081         3. Salesperson or other person to be employed by the
 1082  applicant.
 1083  
 1084  The application shall be accompanied by a copy of any: Script,
 1085  outline, or presentation the applicant will require or suggest a
 1086  salesperson to use when soliciting, or, if no such document is
 1087  used, a statement to that effect; sales information or
 1088  literature to be provided by the applicant to a salesperson; and
 1089  sales information or literature to be provided by the applicant
 1090  to a purchaser in connection with any solicitation.
 1091         Section 33. Paragraph (a) of subsection (1) of section
 1092  501.607, Florida Statutes, is amended to read:
 1093         501.607 Licensure of salespersons.—
 1094         (1) An applicant for a license as a salesperson must submit
 1095  to the department, in such form as it prescribes, a written
 1096  application for a license. The application must set forth the
 1097  following information:
 1098         (a) The true name, date of birth, driver’s license number,
 1099  or other valid form of identification social security number,
 1100  and home address of the applicant.
 1101         Section 34. Paragraph (f) of subsection (3) of section
 1102  539.001, Florida Statutes, is amended to read:
 1103         539.001 The Florida Pawnbroking Act.—
 1104         (3) LICENSE REQUIRED.—
 1105         (f) Any person applying for or renewing a local
 1106  occupational license to engage in business as a pawnbroker must
 1107  exhibit a current license from the agency before the local
 1108  business tax receipt occupational license may be issued or
 1109  reissued.
 1110         Section 35. Subsection (1) of section 559.805, Florida
 1111  Statutes, is amended to read:
 1112         559.805 Filings with the department; disclosure of
 1113  advertisement identification number.—
 1114         (1) Every seller of a business opportunity shall annually
 1115  file with the department a copy of the disclosure statement
 1116  required by s. 559.803 before prior to placing an advertisement
 1117  or making any other representation designed to offer to, sell
 1118  to, or solicit an offer to buy a business opportunity from a
 1119  prospective purchaser in this state and must shall update this
 1120  filing by reporting any material change in the required
 1121  information within 30 days after the material change occurs. An
 1122  advertisement is not considered to be placed in the state merely
 1123  because the advertisement is published in a publisher
 1124  circulates, or there is circulated on his or her behalf in the
 1125  state, any bona fide newspaper or other publication having a of
 1126  general, regular, and paid circulation in this state which has
 1127  had more than two-thirds of its circulation during the past 12
 1128  months outside the state or because the advertisement is
 1129  received in this state from a radio or television program
 1130  originating outside the state is received in the state. If the
 1131  seller is required by s. 559.807 to provide a bond or establish
 1132  a trust account or guaranteed letter of credit, the seller he or
 1133  she shall contemporaneously file with the department a copy of
 1134  the bond, a copy of the formal notification by the depository
 1135  that the trust account is established, or a copy of the
 1136  guaranteed letter of credit. Every seller of a business
 1137  opportunity must shall file with the department a list of
 1138  independent agents who will engage in the offer or sale of
 1139  business opportunities on behalf of the seller in this state.
 1140  This list must be kept current and must shall include the
 1141  following information: name, home and business address,
 1142  telephone number, present employer, social security number, and
 1143  birth date. A No person may not shall be allowed to offer or
 1144  sell business opportunities unless the required information has
 1145  been provided to the department.
 1146         Section 36. Subsection (7) of section 559.904, Florida
 1147  Statutes, is amended to read:
 1148         559.904 Motor vehicle repair shop registration;
 1149  application; exemption.—
 1150         (7) Any person applying for or renewing a local business
 1151  tax receipt occupational license on or after October 1, 1993, to
 1152  engage in business as a motor vehicle repair shop must exhibit
 1153  an active registration certificate from the department before
 1154  the local business tax receipt occupational license may be
 1155  issued or renewed.
 1156         Section 37. Subsections (1), (3), and (4) of section
 1157  559.928, Florida Statutes, are amended to read:
 1158         559.928 Registration.—
 1159         (1) Each seller of travel shall annually register with the
 1160  department, providing: its legal business or trade name, mailing
 1161  address, and business locations; the full names, addresses, and
 1162  telephone numbers of its owners or corporate officers and
 1163  directors and the Florida agent of the corporation; a statement
 1164  whether it is a domestic or foreign corporation, its state and
 1165  date of incorporation, its charter number, and, if a foreign
 1166  corporation, the date it registered with the State of Florida,
 1167  and local business tax receipt occupational license where
 1168  applicable; the date on which a seller of travel registered its
 1169  fictitious name if the seller of travel is operating under a
 1170  fictitious or trade name; the name of all other corporations,
 1171  business entities, and trade names through which each owner of
 1172  the seller of travel operated, was known, or did business as a
 1173  seller of travel within the preceding 5 years; a list of all
 1174  authorized independent agents, including the agent’s trade name,
 1175  full name, mailing address, business address, and telephone
 1176  numbers; the business location and address of each branch office
 1177  and full name and address of the manager or supervisor; the
 1178  certification required under s. 559.9285; and proof of purchase
 1179  of adequate bond as required in this part. A certificate
 1180  evidencing proof of registration shall be issued by the
 1181  department and must be prominently displayed in the seller of
 1182  travel’s primary place of business.
 1183         (3) Each independent agent shall annually file an affidavit
 1184  with the department prior to engaging in business in this state.
 1185  This affidavit must include the independent agent’s full name,
 1186  legal business or trade name, mailing address, business address,
 1187  telephone number, social security number, and the name or names
 1188  and addresses of each seller of travel represented by the
 1189  independent agent. A letter evidencing proof of filing must be
 1190  issued by the department and must be prominently displayed in
 1191  the independent agent’s primary place of business. Each
 1192  independent agent must also submit an annual registration fee of
 1193  $50. All moneys collected pursuant to the imposition of the fee
 1194  shall be deposited by the Chief Financial Officer into the
 1195  General Inspection Trust Fund of the Department of Agriculture
 1196  and Consumer Services for the sole purpose of administrating
 1197  this part. As used in this subsection, the term “independent
 1198  agent” means a person who represents a seller of travel by
 1199  soliciting persons on its behalf; who has a written contract
 1200  with a seller of travel which is operating in compliance with
 1201  this part and any rules adopted thereunder; who does not receive
 1202  a fee, commission, or other valuable consideration directly from
 1203  the purchaser for the seller of travel; who does not at any time
 1204  have any unissued ticket stock or travel documents in his or her
 1205  possession; and who does not have the ability to issue tickets,
 1206  vacation certificates, or any other travel document. The term
 1207  “independent agent” does not include an affiliate of the seller
 1208  of travel, as that term is used in s. 559.935(3), or the
 1209  employees of the seller of travel or of such affiliates.
 1210         (4) Any person applying for or renewing a local business
 1211  tax receipt occupational license to engage in business as a
 1212  seller of travel must exhibit a current registration certificate
 1213  from the department before the local business tax receipt
 1214  occupational license may be issued or reissued.
 1215         Section 38. Subsection (6) of section 559.935, Florida
 1216  Statutes, is amended to read:
 1217         559.935 Exemptions.—
 1218         (6) The department shall request from the Airlines
 1219  Reporting Corporation any information necessary to implement the
 1220  provisions of subsection (2). Persons claiming an exemption
 1221  under subsection (2) or subsection (3) must show a letter of
 1222  exemption from the department before a local business tax
 1223  receipt occupational license to engage in business as a seller
 1224  of travel may be issued or reissued. If the department fails to
 1225  issue a letter of exemption on a timely basis, the seller of
 1226  travel shall submit to the department, through certified mail,
 1227  an affidavit containing her or his name and address and an
 1228  explanation of the exemption sought. Such affidavit may be used
 1229  in lieu of a letter of exemption for the purpose of obtaining a
 1230  business tax receipt an occupational license. In any civil or
 1231  criminal proceeding, the burden of proving an exemption under
 1232  this section shall be on the person claiming such exemption. A
 1233  letter of exemption issued by the department shall not be used
 1234  in, and shall have no bearing on, such proceedings.
 1235         Section 39. Subsection (5) of section 570.29, Florida
 1236  Statutes, is amended to read:
 1237         570.29 Departmental divisions.—The department shall include
 1238  the following divisions:
 1239         (5) Consumer Protection Services.
 1240         Section 40. Section 570.544, Florida Statutes, is amended
 1241  to read:
 1242         570.544 Division of Consumer Protection Services; director;
 1243  powers; processing of complaints; records.—
 1244         (1) The director of the Division of Consumer Protection
 1245  Services shall be appointed by and serve at the pleasure of the
 1246  commissioner.
 1247         (2) The Division of Consumer Protection Services may:
 1248         (a) Conduct studies and make analyses of matters affecting
 1249  the interests of consumers.
 1250         (b) Study the operation of laws for consumer protection.
 1251         (c) Advise and make recommendations to the various state
 1252  agencies concerned with matters affecting consumers.
 1253         (d) Assist, advise, and cooperate with local, state, or
 1254  federal agencies and officials in order to promote the interests
 1255  of consumers.
 1256         (e) Make use of the testing and laboratory facilities of
 1257  the department for the detection of consumer fraud.
 1258         (f) Report to the appropriate law enforcement officers any
 1259  information concerning violation of consumer protection laws.
 1260         (g) Assist, develop, and conduct programs of consumer
 1261  education and consumer information through publications and
 1262  other informational and educational material prepared for
 1263  dissemination to the public, in order to increase the competence
 1264  of consumers.
 1265         (h) Organize and hold conferences on problems affecting
 1266  consumers.
 1267         (i) Recommend programs to encourage business and industry
 1268  to maintain high standards of honesty, fair business practices,
 1269  and public responsibility in the production, promotion, and sale
 1270  of consumer goods and services.
 1271         (3) In addition to the powers, duties, and responsibilities
 1272  authorized by this or any other chapter, the Division of
 1273  Consumer Protection Services shall serve as a clearinghouse for
 1274  matters relating to consumer protection, consumer information,
 1275  and consumer services generally. It shall receive complaints and
 1276  grievances from consumers and promptly transmit them to that
 1277  agency most directly concerned in order that the complaint or
 1278  grievance may be expeditiously handled in the best interests of
 1279  the complaining consumer. If no agency exists, the Division of
 1280  Consumer Protection Services shall seek a settlement of the
 1281  complaint using formal or informal methods of mediation and
 1282  conciliation and may seek any other resolution of the matter in
 1283  accordance with its jurisdiction.
 1284         (4) If any complaint received by the Division of Consumer
 1285  Protection Services concerns matters that which involve
 1286  concurrent jurisdiction in more than one agency, duplicate
 1287  copies of the complaint shall be referred to those offices
 1288  deemed to have concurrent jurisdiction.
 1289         (5)(a) Any agency, office, bureau, division, or board of
 1290  state government receiving a complaint that which deals with
 1291  consumer fraud or consumer protection and which is not within
 1292  the jurisdiction of the receiving agency, office, bureau,
 1293  division, or board originally receiving it, shall immediately
 1294  refer the complaint to the Division of Consumer Protection
 1295  Services.
 1296         (b) Upon receipt of such a complaint, the Division of
 1297  Consumer Protection Services shall make a determination of the
 1298  proper jurisdiction to which the complaint relates and shall
 1299  immediately refer the complaint to the agency, office, bureau,
 1300  division, or board that has which does have the proper
 1301  regulatory or enforcement authority to deal with it.
 1302         (6) The office or agency to which a complaint has been
 1303  referred shall within 30 days acknowledge receipt of the
 1304  complaint. If an office or agency receiving a complaint
 1305  determines that the matter presents a prima facie case for
 1306  criminal prosecution or if the complaint cannot be settled at
 1307  the administrative level, the complaint together with all
 1308  supporting evidence shall be transmitted to the Department of
 1309  Legal Affairs or other appropriate enforcement agency with a
 1310  recommendation for civil or criminal action warranted by the
 1311  evidence.
 1312         (7) The records of the Division of Consumer Protection
 1313  Services are public records. However, customer lists, customer
 1314  names, and trade secrets are confidential and exempt from the
 1315  provisions of s. 119.07(1). Disclosure necessary to enforcement
 1316  procedures does shall not violate be construed as violative of
 1317  this prohibition on the disclosure of confidential information.
 1318         (8) It shall be the duty of The Division of Consumer
 1319  Protection shall Services to maintain records and compile
 1320  summaries and analyses of consumer complaints and their eventual
 1321  disposition, which data may serve as a basis for recommendations
 1322  to the Legislature and to state regulatory agencies.
 1323         Section 41. Subsection (7) of section 681.102, Florida
 1324  Statutes, is amended, and present subsections (8) through (23)
 1325  of that subsection are renumbered as subsections (7) through
 1326  (22), respectively, to read:
 1327         681.102 Definitions.—As used in this chapter, the term:
 1328         (7) “Division” means the Division of Consumer Services of
 1329  the Department of Agriculture and Consumer Services.
 1330         Section 42. Subsection (3) of section 681.103, Florida
 1331  Statutes, is amended to read:
 1332         681.103 Duty of manufacturer to conform a motor vehicle to
 1333  the warranty.—
 1334         (3) At the time of acquisition, the manufacturer shall
 1335  inform the consumer clearly and conspicuously in writing how and
 1336  where to file a claim with a certified procedure if such
 1337  procedure has been established by the manufacturer pursuant to
 1338  s. 681.108. The nameplate manufacturer of a recreational vehicle
 1339  shall, at the time of vehicle acquisition, inform the consumer
 1340  clearly and conspicuously in writing how and where to file a
 1341  claim with a program pursuant to s. 681.1096. The manufacturer
 1342  shall provide to the dealer and, at the time of acquisition, the
 1343  dealer shall provide to the consumer a written statement that
 1344  explains the consumer’s rights under this chapter. The written
 1345  statement shall be prepared by the Department of Legal Affairs
 1346  and shall contain a toll-free number for the department which
 1347  division that the consumer can contact to obtain information
 1348  regarding the consumer’s rights and obligations under this
 1349  chapter or to commence arbitration. If the manufacturer obtains
 1350  a signed receipt for timely delivery of sufficient quantities of
 1351  this written statement to meet the dealer’s vehicle sales
 1352  requirements, it shall constitute prima facie evidence of
 1353  compliance with this subsection by the manufacturer. The
 1354  consumer’s signed acknowledgment of receipt of materials
 1355  required under this subsection shall constitute prima facie
 1356  evidence of compliance by the manufacturer and dealer. The form
 1357  of the acknowledgments shall be approved by the Department of
 1358  Legal Affairs, and the dealer shall maintain the consumer’s
 1359  signed acknowledgment for 3 years.
 1360         Section 43. Section 681.108, Florida Statutes, is amended
 1361  to read:
 1362         681.108 Dispute-settlement procedures.—
 1363         (1) If a manufacturer has established a procedure that,
 1364  which the department division has certified as substantially
 1365  complying with the provisions of 16 C.F.R. part 703, in effect
 1366  October 1, 1983, and with the provisions of this chapter and the
 1367  rules adopted under this chapter, and has informed the consumer
 1368  how and where to file a claim with such procedure pursuant to s.
 1369  681.103(3), the provisions of s. 681.104(2) apply to the
 1370  consumer only if the consumer has first resorted to such
 1371  procedure. The decisionmakers for a certified procedure shall,
 1372  in rendering decisions, take into account all legal and
 1373  equitable factors germane to a fair and just decision,
 1374  including, but not limited to, the warranty; the rights and
 1375  remedies conferred under 16 C.F.R. part 703, in effect October
 1376  1, 1983; the provisions of this chapter; and any other equitable
 1377  considerations appropriate under the circumstances.
 1378  Decisionmakers and staff of a procedure shall be trained in the
 1379  provisions of this chapter and in 16 C.F.R. part 703, in effect
 1380  October 1, 1983. In an action brought by a consumer concerning
 1381  an alleged nonconformity, the decision that results from a
 1382  certified procedure is admissible in evidence.
 1383         (2) A manufacturer may apply to the department division for
 1384  certification of its procedure. After receipt and evaluation of
 1385  the application, the department division shall certify the
 1386  procedure or notify the manufacturer of any deficiencies in the
 1387  application or the procedure.
 1388         (3) A certified procedure or a procedure of an applicant
 1389  seeking certification shall submit to the department division a
 1390  copy of each settlement approved by the procedure or decision
 1391  made by a decisionmaker within 30 days after the settlement is
 1392  reached or the decision is rendered. The decision or settlement
 1393  must contain at a minimum the:
 1394         (a) Name and address of the consumer;
 1395         (b) Name of the manufacturer and address of the dealership
 1396  from which the motor vehicle was purchased;
 1397         (c) Date the claim was received and the location of the
 1398  procedure office that handled the claim;
 1399         (d) Relief requested by the consumer;
 1400         (e) Name of each decisionmaker rendering the decision or
 1401  person approving the settlement;
 1402         (f) Statement of the terms of the settlement or decision;
 1403         (g) Date of the settlement or decision; and
 1404         (h) Statement of whether the decision was accepted or
 1405  rejected by the consumer.
 1406         (4) Any manufacturer establishing or applying to establish
 1407  a certified procedure must file with the department division a
 1408  copy of the annual audit required under the provisions of 16
 1409  C.F.R. part 703, in effect October 1, 1983, together with any
 1410  additional information required for purposes of certification,
 1411  including the number of refunds and replacements made in this
 1412  state pursuant to the provisions of this chapter by the
 1413  manufacturer during the period audited.
 1414         (5) The department division shall review each certified
 1415  procedure at least annually, prepare an annual report evaluating
 1416  the operation of certified procedures established by motor
 1417  vehicle manufacturers and procedures of applicants seeking
 1418  certification, and, for a period not to exceed 1 year, shall
 1419  grant certification to, or renew certification for, those
 1420  manufacturers whose procedures substantially comply with the
 1421  provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
 1422  with the provisions of this chapter and rules adopted under this
 1423  chapter. If certification is revoked or denied, the department
 1424  division shall state the reasons for such action. The reports
 1425  and records of actions taken with respect to certification shall
 1426  be public records.
 1427         (6) A manufacturer whose certification is denied or revoked
 1428  is entitled to a hearing pursuant to chapter 120.
 1429         (7) If federal preemption of state authority to regulate
 1430  procedures occurs, the provisions of subsection (1) concerning
 1431  prior resort do not apply.
 1432         (8) The department may division shall adopt rules to
 1433  administer implement this section.
 1434         Section 44. Section 681.109, Florida Statutes, is amended
 1435  to read:
 1436         681.109 Florida New Motor Vehicle Arbitration Board;
 1437  dispute eligibility.—
 1438         (1) If a manufacturer has a certified procedure, a consumer
 1439  claim arising during the Lemon Law rights period must be filed
 1440  with the certified procedure no later than 60 days after the
 1441  expiration of the Lemon Law rights period. If a decision is not
 1442  rendered by the certified procedure within 40 days of filing,
 1443  the consumer may apply to the department division to have the
 1444  dispute removed to the board for arbitration.
 1445         (2) If a manufacturer has a certified procedure, a consumer
 1446  claim arising during the Lemon Law rights period must be filed
 1447  with the certified procedure no later than 60 days after the
 1448  expiration of the Lemon Law rights period. If a consumer is not
 1449  satisfied with the decision or the manufacturer’s compliance
 1450  therewith, the consumer may apply to the department division to
 1451  have the dispute submitted to the board for arbitration. A
 1452  manufacturer may not seek review of a decision made under its
 1453  procedure.
 1454         (3) If a manufacturer does not have a has no certified
 1455  procedure or if the a certified procedure does not have
 1456  jurisdiction to resolve the dispute, a consumer may apply
 1457  directly to the department division to have the dispute
 1458  submitted to the board for arbitration.
 1459         (4) A consumer must request arbitration before the board
 1460  with respect to a claim arising during the Lemon Law rights
 1461  period no later than 60 days after the expiration of the Lemon
 1462  Law rights period, or within 30 days after the final action of a
 1463  certified procedure, whichever date occurs later.
 1464         (5) The department division shall screen all requests for
 1465  arbitration before the board to determine eligibility. The
 1466  consumer’s request for arbitration before the board shall be
 1467  made on a form prescribed by the department. The department
 1468  division shall forward to the board all disputes that the
 1469  department division determines are potentially entitled to
 1470  relief under this chapter.
 1471         (6) The department division may reject a dispute that it
 1472  determines to be fraudulent or outside the scope of the board’s
 1473  authority. Any dispute deemed by the department division to be
 1474  ineligible for arbitration by the board due to insufficient
 1475  evidence may be reconsidered upon the submission of new
 1476  information regarding the dispute. Following a second review,
 1477  the department division may reject a dispute if the evidence is
 1478  clearly insufficient to qualify for relief. If the department
 1479  rejects a dispute, it must provide notice of the rejection and a
 1480  brief explanation of the reason for rejection Any dispute
 1481  rejected by the division shall be forwarded to the department
 1482  and a copy shall be sent by registered mail to the consumer and
 1483  to the manufacturer, containing a brief explanation as to the
 1484  reason for rejection.
 1485         (7) If the department division rejects a dispute, the
 1486  consumer may file a lawsuit to enforce the remedies provided
 1487  under this chapter. In any civil action arising under this
 1488  chapter and relating to a matter considered by the department
 1489  division, any determination made to reject a dispute is
 1490  admissible in evidence.
 1491         (8) The department may shall have the authority to adopt
 1492  reasonable rules to administer carry out the provisions of this
 1493  section.
 1494         Section 45. Subsections (2), (3), (4), (5), (9), (11), and
 1495  (12) of section 681.1095, Florida Statutes, are amended, and
 1496  subsection (17) is added to that section, to read:
 1497         681.1095 Florida New Motor Vehicle Arbitration Board;
 1498  creation and function.—
 1499         (2) The board boards shall hear cases in various locations
 1500  throughout the state so that any consumer whose dispute is
 1501  approved for arbitration by the department division may attend
 1502  an arbitration hearing at a reasonably convenient location and
 1503  present a dispute orally. Hearings shall be conducted by panels
 1504  of three board members assigned by the department. A majority
 1505  vote of the three-member board panel shall be required to render
 1506  a decision. Arbitration proceedings under this section shall be
 1507  open to the public on reasonable and nondiscriminatory terms.
 1508         (3) Each region of the board shall consist of up to eight
 1509  members. The members of the board shall construe and apply the
 1510  provisions of this chapter, and rules adopted thereunder, in
 1511  making their decisions. An administrator and a secretary shall
 1512  be assigned to each region of the board by the Department of
 1513  Legal Affairs. At least one member of the each board in each
 1514  region must have be a person with expertise in motor vehicle
 1515  mechanics. A member may must not be employed by a manufacturer
 1516  or a franchised motor vehicle dealer or be a staff member, a
 1517  decisionmaker, or a consultant for a procedure. Board members
 1518  shall be trained in the application of this chapter and any
 1519  rules adopted under this chapter. Members of the board, shall be
 1520  reimbursed for travel expenses pursuant to s. 112.061, and shall
 1521  be compensated at a rate or wage prescribed by the Attorney
 1522  General and are entitled to reimbursement for per diem and
 1523  travel expenses pursuant to s. 112.061.
 1524         (4) Before filing a civil action on a matter subject to s.
 1525  681.104, the consumer must first submit the dispute to the
 1526  department division, and to the board if such dispute is deemed
 1527  eligible for arbitration.
 1528         (5) Manufacturers shall submit to arbitration conducted by
 1529  the board if such arbitration is requested by a consumer and the
 1530  dispute is deemed eligible for arbitration by the department
 1531  division pursuant to s. 681.109.
 1532         (9) The decision of the board shall be sent by any method
 1533  providing a delivery confirmation registered mail to the
 1534  consumer and the manufacturer, and shall contain written
 1535  findings of fact and rationale for the decision. If the decision
 1536  is in favor of the consumer, the manufacturer must, within 40
 1537  days after receipt of the decision, comply with the terms of the
 1538  decision. Compliance occurs on the date the consumer receives
 1539  delivery of an acceptable replacement motor vehicle or the
 1540  refund specified in the arbitration award. In any civil action
 1541  arising under this chapter and relating to a dispute arbitrated
 1542  before the board, any decision by the board is admissible in
 1543  evidence.
 1544         (11) All provisions in This section and s. 681.109
 1545  pertaining to compulsory arbitration before the board, the
 1546  dispute eligibility screening by the department division, the
 1547  proceedings and decisions of the board, and any appeals thereof,
 1548  are exempt from the provisions of chapter 120.
 1549         (12) An appeal of a decision by the board to the circuit
 1550  court by a consumer or a manufacturer shall be by trial de novo.
 1551  In a written petition to appeal a decision by the board, the
 1552  appealing party must state the action requested and the grounds
 1553  relied upon for appeal. Within 15 30 days after of final
 1554  disposition of the appeal, the appealing party shall furnish the
 1555  department with notice of such disposition and, upon request,
 1556  shall furnish the department with a copy of the settlement or
 1557  the order or judgment of the court.
 1558         (17) The department may adopt rules to administer this
 1559  section.
 1560         Section 46. Subsections (2) and (4) of section 681.1096,
 1561  Florida Statutes, are amended to read:
 1562         681.1096 RV Mediation and Arbitration Program; creation and
 1563  qualifications.—
 1564         (2) Each manufacturer of a recreational vehicle involved in
 1565  a dispute that is determined eligible under this chapter,
 1566  including chassis and component manufacturers that which
 1567  separately warrant the chassis and components and that which
 1568  otherwise meet the definition of manufacturer set forth in s.
 1569  681.102(13) 681.102(14), shall participate in a mediation and
 1570  arbitration program that is deemed qualified by the department.
 1571         (4) The department shall monitor the program for compliance
 1572  with this chapter. If the program is determined not qualified or
 1573  if qualification is revoked, then disputes shall be subject to
 1574  the provisions of ss. 681.109 and 681.1095. If the program is
 1575  determined not qualified or if qualification is revoked as to a
 1576  manufacturer, all those manufacturers potentially involved in
 1577  the eligible consumer dispute shall be required to submit to
 1578  arbitration conducted by the board if such arbitration is
 1579  requested by a consumer and the dispute is deemed eligible for
 1580  arbitration by the department division pursuant to s. 681.109. A
 1581  consumer having a dispute involving one or more manufacturers
 1582  for which the program has been determined not qualified, or for
 1583  which qualification has been revoked, is not required to submit
 1584  the dispute to the program irrespective of whether the program
 1585  may be qualified as to some of the manufacturers potentially
 1586  involved in the dispute.
 1587         Section 47. Subsection (2) of section 681.112, Florida
 1588  Statutes, is amended to read:
 1589         681.112 Consumer remedies.—
 1590         (2) An action brought under this chapter must be commenced
 1591  within 1 year after the expiration of the Lemon Law rights
 1592  period, or, if a consumer resorts to an informal dispute
 1593  settlement procedure or submits a dispute to the department
 1594  division or board, within 1 year after the final action of the
 1595  procedure, department division, or board.
 1596         Section 48. Subsection (1) of section 681.117, Florida
 1597  Statutes, is amended to read:
 1598         681.117 Fee.—
 1599         (1) A $2 fee shall be collected by a motor vehicle dealer,
 1600  or by a person engaged in the business of leasing motor
 1601  vehicles, from the consumer at the consummation of the sale of a
 1602  motor vehicle or at the time of entry into a lease agreement for
 1603  a motor vehicle. Such fees shall be remitted to the county tax
 1604  collector or private tag agency acting as agent for the
 1605  Department of Revenue. If the purchaser or lessee removes the
 1606  motor vehicle from the state for titling and registration
 1607  outside this state, the fee shall be remitted to the Department
 1608  of Revenue. All fees, less the cost of administration, shall be
 1609  transferred monthly to the Department of Legal Affairs for
 1610  deposit into the Motor Vehicle Warranty Trust Fund. The
 1611  Department of Legal Affairs shall distribute monthly an amount
 1612  not exceeding one-fourth of the fees received to the Division of
 1613  Consumer Services of the Department of Agriculture and Consumer
 1614  Services to carry out the provisions of ss. 681.108 and 681.109.
 1615  The Department of Legal Affairs shall contract with the Division
 1616  of Consumer Services for payment of services performed by the
 1617  division pursuant to ss. 681.108 and 681.109.
 1618         Section 49. Subsection (3) of section 849.0915, Florida
 1619  Statutes, is amended to read:
 1620         849.0915 Referral selling.—
 1621         (3) In addition to the penalty provided herein, the
 1622  Attorney General and her or his assistants, the state attorneys
 1623  and their assistants, and the Division of Consumer Protection
 1624  Services of the Department of Agriculture and Consumer Services
 1625  are authorized to apply to the circuit court within their
 1626  respective jurisdictions, and the such court has shall have
 1627  jurisdiction, upon hearing and for cause shown, to grant a
 1628  temporary or permanent injunction restraining any person from
 1629  violating the provisions of this section, whether or not there
 1630  exists an adequate remedy at law, and such injunction shall
 1631  issue without bond.
 1632         Section 50. This act shall take effect July 1, 2011.