Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 888
       
       
       
       
       
       
                                Barcode 814366                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  01/19/2012           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Commerce and Tourism (Flores) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (l) of subsection (2) of section
    6  20.14, Florida Statutes, is amended to read:
    7         20.14 Department of Agriculture and Consumer Services.
    8  There is created a Department of Agriculture and Consumer
    9  Services.
   10         (2) The following divisions of the Department of
   11  Agriculture and Consumer Services are established:
   12         (l) Standards.
   13         Section 2. Section 366.85, Florida Statutes, is repealed.
   14         Section 3. Subsection (7) of section 472.005, Florida
   15  Statutes, is amended, and subsections (15) and (16) are added to
   16  that section, to read:
   17         472.005 Definitions.—As used in ss. 472.001-472.037:
   18         (7) The term “license” means a registration, certificate,
   19  or license issued by the department pursuant to this chapter the
   20  registration of surveyors and mappers or the certification of
   21  businesses to practice surveying and mapping in this state.
   22         (15) “Consumer member” means a person appointed to serve on
   23  the board who is not, and never has been, a professional
   24  surveyor or mapper in any jurisdiction or a member of any
   25  closely related profession regulated by the board.
   26         (16) “Licensee” means any person or business entity that
   27  has been issued, pursuant to this chapter, a registration,
   28  certificate, or license by the department.
   29         Section 4. Subsection (12) is added to section 472.006,
   30  Florida Statutes, to read:
   31         472.006 Department; powers and duties.—The department
   32  shall:
   33         (12) Work cooperatively with the Department of Revenue to
   34  implement an automated method for periodically disclosing
   35  information relating to current licensees to the Department of
   36  Revenue in order to further the public policy of reducing the
   37  state’s financial burden as a result of family desertion and
   38  nonsupport of dependent children as provided in s. 409.2551. The
   39  department shall, if directed by the court or the Department of
   40  Revenue, pursuant to s. 409.2598, suspend or deny the license of
   41  any licensee who is found to not be in compliance with a support
   42  order, subpoena, order to show cause, or written agreement
   43  entered into by the licensee with the Department of Revenue. The
   44  department shall issue or reinstate the license without
   45  additional charge to the licensee if notified by the court or
   46  the Department of Revenue that the licensee has complied with
   47  the terms of the support order. The department is not liable for
   48  any license denial or suspension resulting from the discharge of
   49  its duties under this subsection.
   50         Section 5. Subsections (1) and (12) of section 472.011,
   51  Florida Statutes, are amended to read:
   52         472.011 Fees.—
   53         (1) The board, by rule, may establish fees to be paid for
   54  applications, examination, reexamination, licensing and renewal,
   55  inactive status application and reactivation of inactive
   56  licenses, recordmaking and recordkeeping, and applications for
   57  providers of continuing education. The board may also establish
   58  by rule a delinquency fee. The board shall establish fees that
   59  are adequate to ensure the continued operation of the board.
   60  Fees shall be based on department estimates of the revenue
   61  required to implement ss. 472.001-472.037 and the provisions of
   62  law with respect to the regulation of surveyors and mappers. If
   63  the department determines, based on estimates of available
   64  revenue collected pursuant to this section, that the General
   65  Inspection Trust Fund contains funds that exceed the amount
   66  required to cover the necessary functions of the board, the
   67  department shall, by rule, waive the license renewal fees for
   68  licensees under this chapter for a period not to exceed 2 years.
   69         (12) The board may, by rule, assess and collect a special
   70  assessment one-time fee from each active, inactive, and
   71  delinquent each voluntary inactive licensee in an amount
   72  necessary to eliminate a cash deficit or, if there is not a cash
   73  deficit, in an amount sufficient to maintain the financial
   74  integrity of this profession as required in this subsection.
   75         Section 6. Subsection (3) of section 472.0131, Florida
   76  Statutes, is amended to read:
   77         472.0131 Examinations; development; administration.—
   78         (3) Except for national examinations approved and
   79  administered pursuant to paragraph (1)(d), the department shall
   80  provide procedures for applicants who have taken and failed an
   81  examination developed by the department or a contracted vendor
   82  to review their examination questions, answers, papers, grades,
   83  and grading key for the questions the candidate answered
   84  incorrectly on his or her last examination or, if not feasible,
   85  the parts of the examination failed. Applicants shall bear the
   86  actual cost for the department to provide examination review
   87  pursuant to this subsection. An applicant may waive in writing
   88  the confidentiality of his or her examination grades.
   89         Section 7. Subsection (1) and paragraph (b) of subsection
   90  (6) of section 472.015, Florida Statutes, are amended, and
   91  subsection (15) is added to that section, to read:
   92         472.015 Licensure.—
   93         (1) Notwithstanding any other law, the department is the
   94  sole authority for determining the contents of any documents to
   95  be submitted for initial licensure and licensure renewal. The
   96  Such documents may contain information including, as
   97  appropriate: demographics, social security number, education,
   98  work history, personal background, criminal history, finances,
   99  business information, complaints, inspections, investigations,
  100  discipline, bonding, signature notarization, photographs,
  101  performance periods, reciprocity, local government approvals,
  102  supporting documentation, periodic reporting requirements,
  103  continuing education requirements, and ongoing education
  104  monitoring. The applicant shall supplement his or her
  105  application may be supplemented as needed to reflect any
  106  material change in any circumstance or condition stated in the
  107  application which takes place between the initial filing of the
  108  application and the final grant or denial of the license and
  109  which might affect the decision of the department. An
  110  application is received for the purposes of s. 120.60 upon
  111  receipt by the department of the application, submitted in the
  112  format prescribed by the department, the application fee set by
  113  the board, and any other documentation or fee required by law or
  114  rule to be submitted with the application in order for the
  115  application to be complete.
  116         (6)
  117         (b) The department may shall not issue a license by
  118  endorsement to any applicant who is under investigation in this
  119  state or any other state or any other jurisdiction another state
  120  for any act that would constitute a violation of this ss.
  121  472.001-472.037 or chapter 455 until such time as the
  122  investigation is complete and disciplinary proceedings have been
  123  terminated.
  124         (15) Pursuant to the federal Personal Responsibility and
  125  Work Opportunity Reconciliation Act of 1996, each person
  126  applying for initial licensure or license renewal shall provide
  127  his or her social security number. Use of social security
  128  numbers obtained through this requirement is limited to the
  129  purpose of administering the Title IV-D program for child
  130  support enforcement, use by the department, and use as otherwise
  131  provided by law.
  132         Section 8. Subsection (1) of section 472.018, Florida
  133  Statutes, is amended, and subsections (13), (14), and (15) are
  134  added to that section, to read:
  135         472.018 Continuing education.—The department may not renew
  136  a license until the licensee submits proof satisfactory to the
  137  board that during the 2 years before prior to her or his
  138  application for renewal the licensee has completed at least 24
  139  hours of continuing education.
  140         (1) The board shall adopt rules to establish the criteria
  141  and course content for continuing education courses. The rules
  142  may provide that up to a maximum of 25 percent of the required
  143  continuing education hours may can be fulfilled by the
  144  performance of pro bono services to the indigent or to
  145  underserved populations or in areas of critical need within the
  146  state where the licensee practices. The board must require that
  147  any pro bono services be approved in advance in order to receive
  148  credit for continuing education under this section. The board
  149  shall use the standard for determining indigency shall be that
  150  recognized by the Federal Poverty Income Guidelines produced by
  151  the United States Department of Health and Human Services in
  152  determining indigency. The board may adopt rules that may
  153  provide for approval by the board that a part of the continuing
  154  education hours may can be fulfilled by performing research in
  155  critical need areas or for training leading to advanced
  156  professional certification. The board, or the department when
  157  there is no board, may adopt make rules to define underserved
  158  and critical need areas. The department shall adopt rules for
  159  the administration of continuing education requirements adopted
  160  by the board or the department when there is no board.
  161         (13) Each continuing education provider shall provide to
  162  the department, in an electronic format determined by the
  163  department, information regarding the continuing education
  164  status of licensees which the department determines is necessary
  165  to carry out its duties under this chapter. After a licensee
  166  completes a course, the information must be submitted
  167  electronically by the continuing education provider to the
  168  department within 30 calendar days after completion. However,
  169  beginning on the 30th day before the renewal deadline or before
  170  the renewal date, whichever occurs sooner, the continuing
  171  education provider shall electronically report such information
  172  to the department within 10 business days after completion.
  173         (14) The department shall establish a system to monitor
  174  licensee compliance with continuing education requirements and
  175  to determine the continuing education status of each licensee.
  176  As used in this subsection, the term “monitor” means the act of
  177  determining, for each licensee, whether the licensee is in full
  178  compliance with applicable continuing education requirements as
  179  of the date of the licensee’s application for license renewal.
  180         (15) The department may refuse to renew a license until the
  181  licensee has satisfied all applicable continuing education
  182  requirements. This subsection does not preclude the department
  183  or board from imposing additional penalties pursuant to this
  184  chapter or rules adopted pursuant this chapter.
  185         Section 9. Subsection (1) of section 472.0202, Florida
  186  Statutes, is amended to read:
  187         472.0202 Inactive and delinquent status.—
  188         (1) A licensee may practice a profession only if the
  189  licensee has an active status license. A licensee who practices
  190  a profession without an active status license is in violation of
  191  this section and s. 472.0351 472.033, and the board may impose
  192  discipline on the licensee.
  193         Section 10. Subsection (3) is added to section 472.0203,
  194  Florida Statutes, to read:
  195         472.0203 Renewal and cancellation notices.—
  196         (3) Notwithstanding any other law, a licensure renewal
  197  notification required to be sent to the last known address of
  198  record may be sent by the department to the licensee by
  199  electronic means if the licensee has provided an e-mail address
  200  to the department.
  201         Section 11. Subsection (2) of section 472.025, Florida
  202  Statutes, is amended to read:
  203         472.025 Seals.—
  204         (2) It is unlawful for a any person to stamp, seal, or
  205  digitally sign a any document with a seal or digital signature
  206  after his or her certificate of registration has expired or been
  207  revoked or suspended, unless such certificate of registration
  208  has been reinstated or reissued. When a the certificate of
  209  registration of a registrant has been revoked or suspended by
  210  the board, the registrant shall, within a period of 30 days
  211  after the revocation or suspension has become effective,
  212  surrender his or her seal to the executive director secretary of
  213  the board and confirm to the executive director secretary the
  214  cancellation of the registrant’s digital signature in accordance
  215  with ss. 668.001-668.006. If In the event the registrant’s
  216  certificate has been suspended for a period of time, his or her
  217  seal shall be returned to him or her upon expiration of the
  218  suspension period.
  219         Section 12. Section 472.0337, Florida Statutes, is created
  220  to read:
  221         472.0337 Power to administer oaths, take depositions, and
  222  issue subpoenas.—For the purpose of an investigation or
  223  proceeding conducted by the department, the department shall
  224  administer oaths, take depositions, make inspections, issue
  225  subpoenas which must be supported by affidavit, serve subpoenas
  226  and other process, and compel the attendance of witnesses and
  227  the production of books, papers, documents, and other evidence.
  228  Challenges to, and enforcement of, the subpoenas and orders
  229  shall be conducted as provided in s. 120.569.
  230         Section 13. Section 472.0351, Florida Statutes, is amended
  231  to read:
  232         472.0351 Grounds for discipline; penalties; enforcement.—
  233         (1) The following acts shall constitute grounds for which
  234  the disciplinary actions specified in subsection (2) may be
  235  taken:
  236         (a) Violation of any provision of s. 472.031;
  237         (b) Attempting to procure a license to practice surveying
  238  and mapping by bribery or fraudulent misrepresentations;
  239         (c) Having a license to practice surveying and mapping
  240  revoked, suspended, or otherwise acted against, including the
  241  denial of licensure, by the licensing authority of another
  242  state, territory, or country, for a violation that constitutes a
  243  violation under the laws of this state. The acceptance of a
  244  relinquishment of licensure, stipulation, consent order, or
  245  other settlement offered in response to or in anticipation of
  246  the filing of charges against the license by a licensing
  247  authority is an action against the license;
  248         (d) Being convicted or found guilty of, or entering a plea
  249  of guilty, no contest, or nolo contendere to, regardless of
  250  adjudication, a crime in any jurisdiction which directly relates
  251  to the practice of surveying and mapping or the ability to
  252  practice surveying and mapping;
  253         (e) Making or filing a report or record that the licensee
  254  knows to be false, willfully failing to file a report or record
  255  required by state or federal law, willfully impeding or
  256  obstructing such filing, or inducing another person to impede or
  257  obstruct such filing. Such reports or records shall include only
  258  those that are signed in the capacity of a registered surveyor
  259  and mapper;
  260         (f) Advertising goods or services in a manner that is
  261  fraudulent, false, deceptive, or misleading in form or content;
  262         (g) Upon proof that the licensee is guilty of fraud or
  263  deceit, or of negligence, incompetency, or misconduct, in the
  264  practice of surveying and mapping;
  265         (h) Failing to perform a any statutory or legal obligation
  266  placed upon a licensed surveyor and mapper; violating a any
  267  provision of this chapter, a rule of the board or department, or
  268  a lawful order of the board or department previously entered in
  269  a disciplinary hearing; or failing to comply with a lawfully
  270  issued subpoena of the department;
  271         (i) Practicing on a revoked, suspended, inactive, or
  272  delinquent license;
  273         (j) Making misleading, deceptive, or fraudulent
  274  representations in or related to the practice of the licensee’s
  275  profession;
  276         (k) Intentionally violating any rule adopted by the board
  277  or the department, as appropriate;
  278         (l) Having a license or the authority to practice the
  279  regulated profession revoked, suspended, or otherwise acted
  280  against, including the denial of licensure, by the licensing
  281  authority of any jurisdiction, including its agencies or
  282  subdivisions, for a violation that would constitute a violation
  283  under Florida law;
  284         (j)(m) Having been found liable in a civil proceeding for
  285  knowingly filing a false report or complaint with the department
  286  against another licensee;
  287         (k)(n) Failing to report to the department any person who
  288  the licensee knows is in violation of this chapter or the rules
  289  of the department or the board;
  290         (l)(o) Aiding, assisting, procuring, employing, or advising
  291  any unlicensed person or entity to practice surveying and
  292  mapping contrary to this chapter or the rules of the department
  293  or the board;
  294         (m)(p) Making deceptive, untrue, or fraudulent
  295  representations in or related to the practice of professional
  296  surveying or mapping a profession or employing a trick or scheme
  297  in or related to the practice of professional surveying or
  298  mapping a profession;
  299         (n)(q) Exercising influence on the client for the purpose
  300  of financial gain of the licensee or a third party;
  301         (o)(r) Practicing or offering to practice beyond the scope
  302  permitted by law or accepting and performing professional
  303  responsibilities the licensee knows, or has reason to know, the
  304  licensee is not competent to perform;
  305         (p)(s) Delegating or contracting for the performance of
  306  professional responsibilities by a person when the licensee
  307  delegating or contracting for performance of such
  308  responsibilities knows, or has reason to know, such person is
  309  not qualified by training, experience, and authorization when
  310  required to perform them; or
  311         (t) Violating this chapter, the applicable professional
  312  practice act, a rule of the department or the board, or a lawful
  313  order of the department or the board, or failing to comply with
  314  a lawfully issued subpoena of the department; or
  315         (q)(u) Improperly interfering with an investigation or
  316  inspection authorized by statute, or with any disciplinary
  317  proceeding.
  318         (2) If When the board finds a any surveyor or mapper guilty
  319  of any of the grounds set forth in subsection (1) or a violation
  320  of this chapter which occurred before obtaining a license, the
  321  board it may enter an order imposing one or more of the
  322  following penalties:
  323         (a) Denial of an application for licensure, or approval of
  324  an application for licensure with restrictions.
  325         (b) Revocation or suspension of a license.
  326         (c) Imposition of an administrative fine not to exceed
  327  $1,000 for each count or separate offense.
  328         (d) Issuance of a reprimand.
  329         (e) Placement of the surveyor or mapper on probation for a
  330  period of time and subject to such conditions as the board may
  331  specify. Those conditions may include, but are not limited to,
  332  requiring the licensee to undergo treatment, attend continuing
  333  education courses, submit to be reexamined, work under the
  334  supervision of another licensee, or satisfy any terms which are
  335  reasonably tailored to the violations found.
  336         (f) Restriction of the authorized scope of practice by the
  337  surveyor or mapper.
  338         (g) Corrective action.
  339         (3) The department shall reissue the license of a
  340  disciplined surveyor or mapper upon certification by the board
  341  that he or she has complied with all of the terms and conditions
  342  set forth in the final order.
  343         (4)(a) In addition to any other discipline imposed pursuant
  344  to this section, the board may assess costs and attorney
  345  attorneys fees related to the investigation and prosecution of
  346  the case.
  347         (b) In any case where the board or the department imposes a
  348  fine or assessment and the fine or assessment is not paid within
  349  a reasonable time, which may such reasonable time to be
  350  prescribed in the rules of the board or in the order assessing
  351  such fines or costs, the department or the Department of Legal
  352  Affairs may contract for the collection of, or bring a civil
  353  action to recover, the fine or assessment.
  354         (c) The department may not issue to or renew the license of
  355  any person or business entity against which the board has
  356  assessed a fine, interest, costs, or attorney fees associated
  357  with an investigation and prosecution until the person or
  358  business entity has paid the full amount due or complies with or
  359  satisfies all terms and conditions of the final order.
  360         (5) In addition to, or in lieu of, any other remedy or
  361  criminal prosecution, the department may file a proceeding in
  362  the name of the state seeking issuance of an injunction or a
  363  writ of mandamus against any person who violates any of the
  364  provisions of this chapter, or any provision of law with respect
  365  to professions regulated by the department, or any board
  366  therein, or the rules adopted pursuant thereto.
  367         (5)(6) If the board determines that revocation of a license
  368  is the appropriate penalty, the revocation shall be permanent.
  369  However, the board may establish, by rule, requirements for
  370  reapplication by applicants whose licenses have been permanently
  371  revoked. Such requirements may include, but are shall not be
  372  limited to, satisfying current requirements for an initial
  373  license.
  374         Section 14. Section 472.0357, Florida Statutes, is created
  375  to read:
  376         472.0357 Penalty for giving false information.—In addition
  377  to, or in lieu of, any other disciplinary action imposed
  378  pursuant to s. 472.0351, a person who knowingly gives false
  379  information in the course of applying for or obtaining a license
  380  from the department or the board, or who attempts to obtain or
  381  obtains a license from the department or the board by knowingly
  382  providing misleading statements or misrepresentations commits a
  383  felony of the third degree, punishable as provided in s.
  384  775.082, s. 775.083, or s. 775.084.
  385         Section 15. Subsection (5) of section 493.6105, Florida
  386  Statutes, is amended to read:
  387         493.6105 Initial application for license.—
  388         (5) In addition to the requirements outlined in subsection
  389  (3), an applicant for a Class “G” license must satisfy minimum
  390  training criteria for firearms established by rule of the
  391  department, which training criteria includes, but is not limited
  392  to, 28 hours of range and classroom training taught and
  393  administered by a Class “K” licensee; however, no more than 8
  394  hours of such training shall consist of range training. The
  395  department may waive the foregoing firearms training requirement
  396  if:
  397         (a) The applicant provides proof that he or she is
  398  currently certified as a law enforcement officer or correctional
  399  officer pursuant to the requirements of the Criminal Justice
  400  Standards and Training Commission or has successfully completed
  401  the training required for certification within the last 12
  402  months.
  403         (b) The applicant provides proof that he or she is
  404  currently certified as a federal law enforcement officer and has
  405  received law enforcement firearms training administered by a
  406  federal law enforcement agency.
  407         (c) The applicant submits a valid firearm certificate among
  408  those specified in paragraph (6)(a). If the applicant submits
  409  proof that he or she is an active law enforcement officer
  410  currently certified under the Criminal Justice Standards and
  411  Training Commission or has completed the training required for
  412  that certification within the last 12 months, or if the
  413  applicant submits one of the certificates specified in paragraph
  414  (6)(a), the department may waive the foregoing firearms training
  415  requirement.
  416         Section 16. Paragraph (b) of subsection (3) of section
  417  493.6113, Florida Statutes, is amended to read:
  418         493.6113 Renewal application for licensure.—
  419         (3) Each licensee is responsible for renewing his or her
  420  license on or before its expiration by filing with the
  421  department an application for renewal accompanied by payment of
  422  the prescribed license fee.
  423         (b) Each Class “G” licensee shall additionally submit proof
  424  that he or she has received during each year of the license
  425  period a minimum of 4 hours of firearms recertification training
  426  taught by a Class “K” licensee and has complied with such other
  427  health and training requirements which the department may adopt
  428  by rule. If proof of a minimum of 4 hours of annual firearms
  429  recertification training cannot be provided, the renewal
  430  applicant shall complete the minimum number of hours of range
  431  and classroom training required at the time of initial
  432  licensure. The department may waive the foregoing firearms
  433  training requirement if:
  434         1. The applicant provides proof that he or she is currently
  435  certified as a law enforcement officer or correctional officer
  436  under the Criminal Justice Standards and Training Commission and
  437  has completed law enforcement firearms requalification training
  438  annually during the previous 2 years of the licensure period.
  439         2. The applicant provides proof that he or she is currently
  440  certified as a federal law enforcement officer and has received
  441  law enforcement firearms training administered by a federal law
  442  enforcement agency annually during the previous 2 years of the
  443  licensure period.
  444         3. The applicant submits a valid firearm certificate among
  445  those specified in s. 493.6105(6)(a) and provides proof of
  446  having completed requalification training during the previous 2
  447  years of the licensure period.
  448         Section 17. Subsection (6) of section 493.6118, Florida
  449  Statutes, is amended to read:
  450         493.6118 Grounds for disciplinary action.—
  451         (6) The agency or Class “DS” or “RS” license and the
  452  approval or license of each officer, partner, or owner of the
  453  agency, school, or training facility are automatically suspended
  454  upon entry of a final order imposing an administrative fine
  455  against the agency, school, or training facility, until the fine
  456  is paid, if 30 calendar days have elapsed since the entry of the
  457  final order. All owners and corporate or agency officers or
  458  partners are jointly and severally liable for agency fines
  459  levied against the agency, school, or training facility. Neither
  460  The agency or Class “DS” or “RS” license or the approval or
  461  license of any officer, partner, or owner of the agency, school,
  462  or training facility may not be renewed, and nor may an
  463  application may not be approved, if the owner, licensee, or
  464  applicant is liable for an outstanding administrative fine
  465  imposed under this chapter. An individual’s approval or license
  466  becomes automatically suspended if a fine imposed against the
  467  individual or his or her agency is not paid within 30 days after
  468  the date of the final order, and remains suspended until the
  469  fine is paid. Notwithstanding the provisions of this subsection,
  470  an individual’s approval or license may not be suspended and nor
  471  may an application may not be denied if when the licensee or the
  472  applicant has an appeal from a final order pending in any
  473  appellate court.
  474         Section 18. Subsection (4) of section 493.6120, Florida
  475  Statutes, is amended to read:
  476         493.6120 Violations; penalty.—
  477         (4) A Any person who was an owner, officer, partner, or
  478  manager of a licensed agency or a Class “DS” or “RS” school or
  479  training facility at the time of any activity that is the basis
  480  for revocation of the agency or branch office license or the
  481  school or training facility license and who knew or should have
  482  known of the activity, shall have his or her personal licenses
  483  or approval suspended for 3 years and may not have any financial
  484  interest in or be employed in any capacity by a licensed agency
  485  or a school or training facility during the period of
  486  suspension.
  487         Section 19. Subsection (7) of section 501.015, Florida
  488  Statutes, is amended to read:
  489         501.015 Health studios; registration requirements and
  490  fees.—Each health studio shall:
  491         (7) A Any person applying for or renewing a local business
  492  tax receipt occupational license to engage in business as a
  493  health studio must exhibit an active registration certificate
  494  from the Department of Agriculture and Consumer Services before
  495  the local business tax receipt occupational license may be
  496  issued or reissued.
  497         Section 20. Subsection (1) of section 501.017, Florida
  498  Statutes, is amended to read:
  499         501.017 Health studios; contracts.—
  500         (1) Each Every contract for the sale of future health
  501  studio services which is paid for in advance or which the buyer
  502  agrees to pay for in future installment payments shall be in
  503  writing and shall contain, contractual provisions to the
  504  contrary notwithstanding, in immediate proximity to the space
  505  reserved in the contract for the signature of the buyer, and in
  506  at least 10-point boldfaced type, language substantially
  507  equivalent to the following:
  508         (a) A provision for the penalty-free cancellation of the
  509  contract within 3 days, exclusive of holidays and weekends, of
  510  its making, upon the mailing or delivery of written notice to
  511  the health studio, and refund upon such notice of all moneys
  512  paid under the contract, except that the health studio may
  513  retain an amount computed by dividing the number of complete
  514  days in the contract term or, if appropriate, the number of
  515  occasions health studio services are to be rendered into the
  516  total contract price and multiplying the result by the number of
  517  complete days that have passed since the making of the contract
  518  or, if appropriate, by the number of occasions that health
  519  studio services have been rendered. A refund shall be issued
  520  within 30 days after receipt of the notice of cancellation made
  521  within the 3-day provision.
  522         (b)1. A provision for the cancellation and refund of the
  523  contract if the contracting business location of the health
  524  studio goes out of business, or moves its facilities more than 5
  525  driving miles from the business location designated in the such
  526  contract and fails to provide, within 30 days, a facility of
  527  equal quality located within 5 driving miles of the business
  528  location designated in the such contract at no additional cost
  529  to the buyer.
  530         2. A provision that notice of intent to cancel by the buyer
  531  shall be given in writing to the health studio. The Such a
  532  notice of cancellation from the consumer terminates shall also
  533  terminate automatically the consumer’s obligation to any entity
  534  to whom the health studio has subrogated or assigned the
  535  consumer’s contract. If the health studio wishes to enforce the
  536  such contract after receipt of the notice such showing, it may
  537  request the department to determine the sufficiency of the
  538  notice showing.
  539         3. A provision that if the department determines that a
  540  refund is due the buyer, the refund shall be an amount computed
  541  by dividing the contract price by the number of weeks in the
  542  contract term and multiplying the result by the number of weeks
  543  remaining in the contract term. The business location of a
  544  health studio may shall not be deemed out of business when
  545  temporarily closed for repair and renovation of the premises:
  546         a. Upon sale, for not more than 14 consecutive days; or
  547         b. During ownership, for not more than 7 consecutive days
  548  and not more than two periods of 7 consecutive days in any
  549  calendar year.
  550  
  551  A refund shall be issued within 30 days after receipt of the
  552  notice of cancellation made pursuant to this paragraph.
  553         (c) A provision in the disclosure statement advising the
  554  buyer to contact the department for information within 60 days
  555  should the health studio go out of business.
  556         (d) A provision for the cancellation of the contract if the
  557  buyer dies or becomes physically unable to avail himself or
  558  herself of a substantial portion of those services which he or
  559  she used from the commencement of the contract until the time of
  560  disability, with refund of funds paid or accepted in payment of
  561  the contract in an amount computed by dividing the contract
  562  price by the number of weeks in the contract term and
  563  multiplying the result by the number of weeks remaining in the
  564  contract term. The contract may require a buyer or the buyer’s
  565  estate seeking relief under this paragraph to provide proof of
  566  disability or death. A physical disability sufficient to warrant
  567  cancellation of the contract by the buyer is shall be
  568  established if the buyer furnishes to the health studio a
  569  certification of such disability by a physician licensed under
  570  chapter 458, chapter 459, chapter 460, or chapter 461 to the
  571  extent the diagnosis or treatment of the disability is within
  572  the physician’s scope of practice. A refund shall be issued
  573  within 30 days after receipt of the notice of cancellation made
  574  pursuant to this paragraph.
  575         (e) A provision that the initial contract will not be for a
  576  period in excess of 36 months, and thereafter shall only be
  577  renewable annually. A Such renewal contract contracts may not be
  578  executed and the fee therefor paid until 60 days or less before
  579  the previous preceding contract expires.
  580         (f) A provision that if the health studio requires a buyer
  581  to furnish identification upon entry to the facility and as a
  582  condition of using the services of the health studio, the health
  583  studio shall provide the buyer with the means of such
  584  identification.
  585         Section 21. Paragraphs (e) through (i) of subsection (1) of
  586  section 501.059, Florida Statutes, are redesignated as
  587  paragraphs (d) through (h), respectively, and present paragraph
  588  (d) of subsection (1) and subsections (3), (8), and (10) of that
  589  section are amended to read:
  590         501.059 Telephone solicitation.—
  591         (1) As used in this section:
  592         (d) “Commission” means the Florida Public Service
  593  Commission.
  594         (3)(a) If any residential, mobile, or telephonic paging
  595  device telephone subscriber notifies the department of his or
  596  her desire desiring to be placed on a “no sales solicitation
  597  calls” listing indicating that the subscriber does not wish to
  598  receive unsolicited telephonic sales calls, may notify the
  599  department shall place the subscriber and be placed on that
  600  listing for 5 years upon receipt by the department of a $10
  601  initial listing charge. This listing shall be renewed by the
  602  department annually for each consumer upon receipt of a renewal
  603  notice and a $5 assessment.
  604         (b) The department shall update its “no sales solicitation
  605  calls” listing upon receipt of initial consumer subscriptions or
  606  renewals and provide this listing for a fee to telephone
  607  solicitors upon request.
  608         (c) All fees imposed pursuant to this section shall be
  609  deposited in the General Inspection Trust Fund for the
  610  administration of this section.
  611         (d) If the Federal Trade Commission, pursuant to 15 U.S.C.
  612  s. 6102(a), establishes a national database that lists the
  613  telephone numbers of subscribers who object to receiving
  614  telephone solicitations, the department shall include those
  615  listings from the national database which relate to Florida in
  616  the listing established under this section.
  617         (8)(a) The department shall investigate any complaints
  618  received concerning violations of this section. If, after
  619  investigating any complaint, the department finds that there has
  620  been a violation of this section, the department or the
  621  Department of Legal Affairs may bring an action to impose a
  622  civil penalty and to seek other relief, including injunctive
  623  relief, as the court deems appropriate against the telephone
  624  solicitor. The civil penalty may shall not exceed $10,000 per
  625  violation and shall be deposited in the General Inspection Trust
  626  Fund if the action or proceeding was brought by the department,
  627  or the Legal Affairs Revolving Trust Fund if the action or
  628  proceeding was brought by the Department of Legal Affairs. This
  629  civil penalty may be recovered in any action brought under this
  630  part by the department, or the department may terminate any
  631  investigation or action upon agreement by the person to pay a
  632  stipulated civil penalty. The department or the court may waive
  633  any civil penalty if the person has previously made full
  634  restitution or reimbursement or has paid actual damages to the
  635  consumers who have been injured by the violation.
  636         (b) The department may, as an alternative to the civil
  637  penalties provided in paragraph (a), impose an administrative
  638  fine not to exceed $1,000 for each act or omission that
  639  constitutes a violation of this section. An administrative
  640  proceeding that could result in the entry of an order imposing
  641  an administrative penalty must be conducted in accordance with
  642  chapter 120.
  643         (10) The commission shall by rule ensure that
  644  Telecommunications companies shall inform their customers of the
  645  provisions of this section. The notification may be made by:
  646         (a) Annual inserts in the billing statements mailed to
  647  customers; and
  648         (b) Conspicuous publication of the notice in the consumer
  649  information pages of the local telephone directories.
  650         Section 22. Paragraphs (a) and (l) of subsection (2) of
  651  section 501.605, Florida Statutes, are amended to read:
  652         501.605 Licensure of commercial telephone sellers.—
  653         (2) An applicant for a license as a commercial telephone
  654  seller must submit to the department, in such form as it
  655  prescribes, a written application for the license. The
  656  application must set forth the following information:
  657         (a) The true name, date of birth, driver driver’s license
  658  number or other valid form of identification, social security
  659  number, and home address of the applicant, including each name
  660  under which he or she intends to do business.
  661         (l) The true name, current home address, date of birth,
  662  social security number, and all other names by which known, or
  663  previously known, of each:
  664         1. Principal officer, director, trustee, shareholder,
  665  owner, or partner of the applicant, and of each other person
  666  responsible for the management of the business of the applicant.
  667         2. Office manager or other person principally responsible
  668  for a location from which the applicant will do business.
  669         3. Salesperson or other person to be employed by the
  670  applicant.
  671  
  672  The application shall be accompanied by a copy of any: Script,
  673  outline, or presentation the applicant will require or suggest a
  674  salesperson to use when soliciting, or, if no such document is
  675  used, a statement to that effect; sales information or
  676  literature to be provided by the applicant to a salesperson; and
  677  sales information or literature to be provided by the applicant
  678  to a purchaser in connection with any solicitation.
  679         Section 23. Paragraph (a) of subsection (1) of section
  680  501.607, Florida Statutes, is amended to read:
  681         501.607 Licensure of salespersons.—
  682         (1) An applicant for a license as a salesperson must submit
  683  to the department, in such form as it prescribes, a written
  684  application for a license. The application must set forth the
  685  following information:
  686         (a) The true name, date of birth, driver driver’s license
  687  number or other valid form of identification, social security
  688  number, and home address of the applicant.
  689         Section 24. Section 501.911, Florida Statutes, is amended
  690  to read:
  691         501.911 Administration of act.—Sections 501.91-501.923
  692  shall be administered by the Division of Standards of the
  693  Department of Agriculture and Consumer Services.
  694         Section 25. Subsections (1) and (2) of section 501.913,
  695  Florida Statutes, are amended to read:
  696         501.913 Registration.—
  697         (1) Each brand of antifreeze to be distributed in this
  698  state shall be registered with the department before prior to
  699  distribution. The person whose name appears on the label, the
  700  manufacturer, or the packager shall make application to the
  701  department on forms provided by the department no later than
  702  July 1 of each year. The registrant assumes, by application to
  703  register the brand, full responsibility for the registration,
  704  quality, and quantity of the product sold, offered, or exposed
  705  for sale in this state. If a registered brand is not in
  706  production for distribution in this state and to ensure any
  707  remaining product that is still available for sale in the state
  708  is properly registered, the registrant must submit a notarized
  709  affidavit on company letterhead to the department certifying
  710  that:
  711         (a) The stated brand is no longer in production;
  712         (b) The stated brand will not be distributed in this state;
  713  and
  714         (c) All existing product of the stated brand will be
  715  removed by the registrant from the state within 30 days after
  716  expiration of the registration or the registrant will reregister
  717  the brand for two subsequent registration periods.
  718  
  719  If production resumes, the brand must be reregistered before it
  720  is distributed in this state.
  721         (2) The completed application shall be accompanied by:
  722         (a) Specimens or facsimiles of the label for each brand of
  723  antifreeze;
  724         (b) An application fee of $200 for each brand; and
  725         (c) A properly labeled sample of between 1 and 2 gallons
  726  for each brand of antifreeze.
  727         Section 26. Subsection (3) of section 507.04, Florida
  728  Statutes, is amended to read:
  729         507.04 Required insurance coverages; liability limitations;
  730  valuation coverage.—
  731         (3) INSURANCE COVERAGES.—The insurance coverages required
  732  under paragraph (1)(a) and subsection (2) must be issued by an
  733  insurance company or carrier licensed to transact business in
  734  this state under the Florida Insurance Code as designated in s.
  735  624.01. The department shall require a mover to present a
  736  certificate of insurance of the required coverages before
  737  issuance or renewal of a registration certificate under s.
  738  507.03. The department shall be named as a certificateholder in
  739  the certificate and must be notified at least 10 30 days before
  740  cancellation of any changes in insurance coverage.
  741         Section 27. Subsection (7) of section 525.07, Florida
  742  Statutes, is amended to read:
  743         525.07 Powers and duties of department; inspections;
  744  unlawful acts.—
  745         (7) It is unlawful for any person to break, cut, or remove
  746  any seal applied by the department to a petroleum fuel measuring
  747  device or container. If When it becomes necessary to repair and
  748  adjust a petroleum fuel measuring device during the absence of
  749  an inspector of the department, the seal on the meter adjustment
  750  may be broken by a person who is registered with the department
  751  as a meter mechanic. After repairs and adjustments have been
  752  made, the adjusting mechanism must immediately be resealed by
  753  the registered meter mechanic with a seal clasp bearing at least
  754  the name of the company or the name or initials of the
  755  registered mechanic. The registered mechanic shall immediately
  756  notify the department of this action.
  757         Section 28. Subsection (5) of section 526.143, Florida
  758  Statutes, is amended to read:
  759         526.143 Alternate generated power capacity for motor fuel
  760  dispensing facilities.—
  761         (5)(a) Each corporation or other entity that owns 10 or
  762  more motor fuel retail outlets located within a single county
  763  shall maintain at least one portable generator that is capable
  764  of providing an alternate generated power source as required
  765  under subsection (2) for every 10 outlets. If an entity owns
  766  more than 10 outlets or a multiple of 10 outlets plus an
  767  additional 6 outlets, the entity must provide one additional
  768  generator to accommodate such additional outlets. Each portable
  769  generator must be stored within this state, or may be stored in
  770  another state if located within 250 miles of this state, and
  771  must be available for use in an affected location within 24
  772  hours after a disaster.
  773         (b) Each corporation or other entity that owns 10 or more
  774  motor fuel retail outlets located within a single domestic
  775  security region, as determined pursuant to s. 943.0312(1), and
  776  that does not own additional outlets located outside the
  777  domestic security region shall maintain a written document of
  778  agreement with one or more similarly equipped entities for the
  779  use of portable generators that may be used to meet the
  780  requirements of paragraph (a) and that are located within this
  781  state but outside the affected domestic security region. The
  782  agreement may be reciprocal, may allow for payment for services
  783  rendered by the providing entity, and must guarantee the
  784  availability of the portable generators to an affected location
  785  within 24 hours after a disaster.
  786         (c) Upon written request, the department may temporarily
  787  waive the requirements in paragraphs (a) and (b) if the
  788  generators are used in preparation for or response to an
  789  emergency or major disaster in another state. The waiver shall
  790  be in writing and include a beginning and ending date. The
  791  waiver may provide additional conditions as deemed necessary by
  792  the department. The waiver may be modified or terminated by the
  793  department if the Governor declares an emergency.
  794         (d)(c) For purposes of this section, ownership of a motor
  795  fuel retail outlet is shall be the owner of record of the fuel
  796  storage systems operating at the location, as identified in the
  797  Department of Environmental Protection underground storage
  798  facilities registry pursuant to s. 376.303(1).
  799         Section 29. Subsections (8) and (9) are added to section
  800  526.50, Florida Statutes, to read:
  801         526.50 Definition of terms.—As used in this part:
  802         (8) “Brand” means the product name appearing on the label
  803  of a container of brake fluid.
  804         (9) “Formula” means the name of the chemical mixture or
  805  composition of the brake fluid product.
  806         Section 30. Subsections (1) and (3) of section 526.51,
  807  Florida Statutes, are amended to read:
  808         526.51 Registration; renewal and fees; departmental
  809  expenses; cancellation or refusal to issue or renew.—
  810         (1)(a) Application for registration of each brand of brake
  811  fluid shall be made on forms to be supplied by the department.
  812  The applicant shall give his or her name and address and the
  813  brand name of the brake fluid, state that he or she owns the
  814  brand name and has complete control over the product sold
  815  thereunder in this state Florida, and provide the name and
  816  address of the resident agent in this state Florida. If the
  817  applicant does not own the brand name but wishes to register the
  818  product with the department, a notarized affidavit that gives
  819  the applicant full authorization to register the brand name and
  820  that is signed by the owner of the brand name must accompany the
  821  application for registration. The affidavit must include all
  822  affected brand names, the owner’s company or corporate name and
  823  address, the applicant’s company or corporate name and address,
  824  and a statement from the owner authorizing the applicant to
  825  register the product with the department. The owner of the brand
  826  name shall maintain complete control over each product sold
  827  under that brand name in this state. All first-time new product
  828  applications for a brand and formula combination must be
  829  accompanied by a certified report from an independent testing
  830  laboratory, setting forth the analysis of the brake fluid which
  831  shows shall show its quality to be not less than the
  832  specifications established by the department for brake fluids. A
  833  sample of not less than 24 fluid ounces of brake fluid shall be
  834  submitted, in a container or containers, with labels
  835  representing exactly how the containers of brake fluid will be
  836  labeled when sold, and the sample and container shall be
  837  analyzed and inspected by the department Division of Standards
  838  in order that compliance with the department’s specifications
  839  and labeling requirements may be verified. Upon approval of the
  840  application, the department shall register the brand name of the
  841  brake fluid and issue to the applicant a permit authorizing the
  842  registrant to sell the brake fluid in this state during the
  843  permit year specified in the permit.
  844         (b) Each applicant shall pay a fee of $100 with each
  845  application. A permit may be renewed by application to the
  846  department, accompanied by a renewal fee of $50 on or before the
  847  last day of the permit year immediately preceding the permit
  848  year for which application is made for renewal of registration.
  849  To reregister a previously registered brand and formula
  850  combination, an applicant must submit a completed application
  851  and all materials as required in this section to the department
  852  before the first day of the permit year. A brand and formula
  853  combination for which a completed application and all materials
  854  required in this section are not received before the first day
  855  of the permit year may not be registered with the department
  856  until a completed application and all materials required in this
  857  section have been received and approved. If the brand and
  858  formula combination was previously registered with the
  859  department and a fee, application, or materials required in this
  860  section are received after the first day of the permit year, To
  861  any fee not paid when due, there shall accrue a penalty of $25
  862  accrues, which shall be added to the renewal fee. Renewals shall
  863  will be accepted only on brake fluids that have no change in
  864  formula, composition, or brand name. Any change in formula,
  865  composition, or brand name of any brake fluid constitutes a new
  866  product that must be registered in accordance with this part.
  867         (c) In order to ensure that any remaining product still
  868  available for sale in this state is properly registered, if a
  869  registered brand and formula combination is no longer in
  870  production for distribution in this state, the registrant must
  871  submit a notarized affidavit on company letterhead to the
  872  department certifying that:
  873         1. The stated brand and formula combination is no longer in
  874  production;
  875         2. The stated brand and formula combination will not be
  876  distributed in this state; and
  877         3. All existing product of the stated brand and formula
  878  combination will be removed by the registrant from the state
  879  within 30 days after the expiration of the registration or that
  880  the registrant will reregister the brand and formula combination
  881  for two subsequent registration periods.
  882  
  883  If production resumes, the brand and formula combination must be
  884  reregistered before it is again distributed in this state.
  885         (3) The department may cancel or, refuse to issue or refuse
  886  to renew any registration and permit after due notice and
  887  opportunity to be heard if it finds that the brake fluid is
  888  adulterated or misbranded or that the registrant has failed to
  889  comply with the provisions of this part or the rules adopted
  890  pursuant to this section and regulations promulgated thereunder.
  891         Section 31. Paragraph (a) of subsection (3) of section
  892  526.52, Florida Statutes, is amended to read:
  893         526.52 Specifications; adulteration and misbranding.—
  894         (3) Brake fluid is deemed to be misbranded:
  895         (a) If its container does not bear on its side or top a
  896  label on which is printed the name and place of business of the
  897  registrant of the product, the words “brake fluid,” and a
  898  statement that the product therein equals or exceeds the minimum
  899  specification of the Society of Automotive Engineers for brake
  900  fluid, heavy-duty-type, the United States Department of
  901  Transportation Motor Vehicle Safety Standard No. 116, or other
  902  specified standard identified in department rule. By regulation
  903  The department may require by rule that the duty-type
  904  classification appear on the label.
  905         Section 32. Subsections (1) and (2) of section 526.53,
  906  Florida Statutes, are amended to read:
  907         526.53 Enforcement; inspection and analysis, stop-sale and
  908  disposition, regulations.—
  909         (1) The department shall enforce the provisions of this
  910  part through the department Division of Standards, and may
  911  sample, inspect, analyze, and test any brake fluid manufactured,
  912  packed, or sold within this state. The department shall have
  913  free access during business hours to all premises, buildings,
  914  vehicles, cars, or vessels used in the manufacture, packing,
  915  storage, sale, or transportation of brake fluid, and may open
  916  any box, carton, parcel, or container of brake fluid and take
  917  samples for inspection and analysis or for evidence.
  918         (2)(a) If When any brake fluid is sold in violation of any
  919  of the provisions of this part, all such brake fluid of the same
  920  brand name on the same premises on which the violation occurred
  921  shall be placed under a stop-sale order by the department by
  922  serving the owner of the brand name, the distributor, or other
  923  entity responsible for selling or distributing the product in
  924  this state with the stop-sale order. The department shall
  925  withdraw its stop-sale order upon the removal of the violation
  926  or upon voluntary destruction of the product, or other disposal
  927  approved by the department, under the supervision of the
  928  department.
  929         (b) In addition to being subject to the stop-sale
  930  procedures above, unregistered brake fluid shall be held by the
  931  department or its representative, at a place to be designated in
  932  the stop-sale order, until properly registered and released in
  933  writing by the department or its representative. If application
  934  has not been made for registration of such product within 30
  935  days after issue of the stop-sale order, the department or, with
  936  the consent of the department, the representative may give the
  937  product that meets legal specifications such product shall be
  938  disposed of by the department to any tax-supported institution
  939  or agency of the state. If application has not been made for
  940  registration of the product within 30 days after issuance of the
  941  stop-order sale and the product fails to meet legal
  942  specifications, the product may be disposed of as if the brake
  943  fluid meets legal specifications or by other disposal authorized
  944  by rule of the department if it fails to meet legal
  945  specifications.
  946         Section 33. Section 526.55, Florida Statutes, is amended to
  947  read:
  948         526.55 Violation and penalties.—
  949         (1) It is unlawful:
  950         (a)(1) To sell any brake fluid that is adulterated or
  951  misbranded, not registered or on which a permit has not been
  952  issued.
  953         (b)(2) For anyone to remove any stop-sale order placed on a
  954  product by the department, or any product upon which a stop-sale
  955  order has been placed.
  956         (2) If the department finds that a person has violated or
  957  is operating in violation of ss. 526.50526.56 or the rules or
  958  orders adopted thereunder, the department may, by order:
  959         (a) Issue a notice of noncompliance pursuant to s. 120.695;
  960         (b) Impose an administrative fine not to exceed $5,000 for
  961  each violation;
  962         (c) Direct that the person cease and desist specified
  963  activities;
  964         (d) Revoke or suspend a registration, or refuse to register
  965  a product; or
  966         (e) Place the registrant on probation for a period of time,
  967  subject to conditions as the department may specify.
  968         (3) The administrative proceedings seeking entry of an
  969  order imposing any of the penalties specified in subsection (2)
  970  are governed by chapter 120.
  971         (4) If a registrant is found to be in violation of ss.
  972  526.50-526.56 and fails to pay a fine within 30 days after
  973  imposition of the fine, the department may suspend all
  974  registrations issued to the registrant by the department until
  975  the fine is paid.
  976         (5) All fines collected by the department under this
  977  section shall be deposited into the General Inspection Trust
  978  Fund.
  979         (3) Any person who violates any of the provisions of this
  980  part or any rule or regulation promulgated thereunder shall, for
  981  the first offense, be guilty of a misdemeanor of the second
  982  degree, punishable as provided in s. 775.082 or s. 775.083, and,
  983  for a second or subsequent offense, shall be guilty of a
  984  misdemeanor of the first degree, punishable as provided in s.
  985  775.082 or s. 775.083.
  986         Section 34. Paragraph (b) of subsection (3) of section
  987  539.001, Florida Statutes, is amended to read:
  988         539.001 The Florida Pawnbroking Act.—
  989         (3) LICENSE REQUIRED.—
  990         (b) A licensee who seeks to move a pawnshop to another
  991  location must give written notice 30 days’ prior written notice
  992  to the agency at least 30 days before the move by certified or
  993  registered mail, return receipt requested, and the agency must
  994  then amend the license to indicate the new location. The
  995  licensee must also give such written notice to the appropriate
  996  law enforcement official.
  997         Section 35. Subsection (1) of section 559.805, Florida
  998  Statutes, is amended to read:
  999         559.805 Filings with the department; disclosure of
 1000  advertisement identification number.—
 1001         (1) Every seller of a business opportunity shall annually
 1002  file with the department a copy of the disclosure statement
 1003  required by s. 559.803 before prior to placing an advertisement
 1004  or making any other representation designed to offer to, sell
 1005  to, or solicit an offer to buy a business opportunity from a
 1006  prospective purchaser in this state and shall update this filing
 1007  by reporting any material change in the required information
 1008  within 30 days after the material change occurs. An
 1009  advertisement is not placed in the state merely because the
 1010  publisher circulates, or there is circulated on his or her
 1011  behalf in the state, any bona fide newspaper or other
 1012  publication of general, regular, and paid circulation which has
 1013  had more than two-thirds of its circulation during the past 12
 1014  months outside the state or because a radio or television
 1015  program originating outside the state is received in the state.
 1016  If the seller is required by s. 559.807 to provide a bond or
 1017  establish a trust account or guaranteed letter of credit, he or
 1018  she shall contemporaneously file with the department a copy of
 1019  the bond, a copy of the formal notification by the depository
 1020  that the trust account is established, or a copy of the
 1021  guaranteed letter of credit. Every seller of a business
 1022  opportunity shall file with the department a list of independent
 1023  agents who will engage in the offer or sale of business
 1024  opportunities on behalf of the seller in this state. This list
 1025  must be kept current and shall include the following
 1026  information: name, home and business address, telephone number,
 1027  present employer, social security number, and birth date. A No
 1028  person may not shall be allowed to offer or sell business
 1029  opportunities unless the required information has been provided
 1030  to the department.
 1031         Section 36. Subsection (7) of section 559.904, Florida
 1032  Statutes, is amended to read:
 1033         559.904 Motor vehicle repair shop registration;
 1034  application; exemption.—
 1035         (7) Any person applying for or renewing a local business
 1036  tax receipt occupational license on or after October 1, 1993, to
 1037  engage in business as a motor vehicle repair shop must exhibit
 1038  an active registration certificate from the department before
 1039  the local business tax receipt occupational license may be
 1040  issued or renewed.
 1041         Section 37. Section 559.922, Florida Statutes, is repealed.
 1042         Section 38. Subsections (1), (3), and (4) of section
 1043  559.928, Florida Statutes, are amended to read:
 1044         559.928 Registration.—
 1045         (1) Each seller of travel shall annually register with the
 1046  department, providing: its legal business or trade name, mailing
 1047  address, and business locations; the full names, addresses, and
 1048  telephone numbers of its owners or corporate officers and
 1049  directors and the Florida agent of the corporation; a statement
 1050  whether it is a domestic or foreign corporation, its state and
 1051  date of incorporation, its charter number, and, if a foreign
 1052  corporation, the date it registered with this state the State of
 1053  Florida, and business tax receipt occupational license where
 1054  applicable; the date on which a seller of travel registered its
 1055  fictitious name if the seller of travel is operating under a
 1056  fictitious or trade name; the name of all other corporations,
 1057  business entities, and trade names through which each owner of
 1058  the seller of travel operated, was known, or did business as a
 1059  seller of travel within the preceding 5 years; a list of all
 1060  authorized independent agents, including the agent’s trade name,
 1061  full name, mailing address, business address, and telephone
 1062  numbers; the business location and address of each branch office
 1063  and full name and address of the manager or supervisor; the
 1064  certification required under s. 559.9285; and proof of purchase
 1065  of adequate bond as required in this part. A certificate
 1066  evidencing proof of registration shall be issued by the
 1067  department and must be prominently displayed in the seller of
 1068  travel’s primary place of business.
 1069         (3) Each independent agent shall annually file an affidavit
 1070  with the department prior to engaging in business in this state.
 1071  This affidavit must include the independent agent’s full name,
 1072  legal business or trade name, mailing address, business address,
 1073  telephone number, social security number, and the name or names
 1074  and address addresses of each seller of travel represented by
 1075  the independent agent. A letter evidencing proof of filing must
 1076  be issued by the department and must be prominently displayed in
 1077  the independent agent’s primary place of business. Each
 1078  independent agent must also submit an annual registration fee of
 1079  $50. All moneys collected pursuant to the imposition of the fee
 1080  shall be deposited by the Chief Financial Officer into the
 1081  General Inspection Trust Fund of the Department of Agriculture
 1082  and Consumer Services for the sole purpose of administrating
 1083  this part. As used in this subsection, the term “independent
 1084  agent” means a person who represents a seller of travel by
 1085  soliciting persons on its behalf; who has a written contract
 1086  with a seller of travel which is operating in compliance with
 1087  this part and any rules adopted thereunder; who does not receive
 1088  a fee, commission, or other valuable consideration directly from
 1089  the purchaser for the seller of travel; who does not at any time
 1090  have any unissued ticket stock or travel documents in his or her
 1091  possession; and who does not have the ability to issue tickets,
 1092  vacation certificates, or any other travel document. The term
 1093  “independent agent” does not include an affiliate of the seller
 1094  of travel, as that term is used in s. 559.935(3), or the
 1095  employees of the seller of travel or of such affiliates.
 1096         (4) Any person applying for or renewing a local business
 1097  tax receipt occupational license to engage in business as a
 1098  seller of travel must exhibit a current registration certificate
 1099  from the department before the local business tax receipt
 1100  occupational license may be issued or reissued.
 1101         Section 39. Paragraph (c) of subsection (3) of section
 1102  559.9285, Florida Statutes, is amended to read:
 1103         559.9285 Certification of business activities.—
 1104         (3) The department shall specify by rule the form of each
 1105  certification under this section which shall include the
 1106  following information:
 1107         (c) The legal name, any trade names or fictitious names,
 1108  mailing address, physical address, telephone number or numbers,
 1109  facsimile number or numbers, and all Internet and electronic
 1110  contact information of every other commercial entity with which
 1111  the certifying party engages in business or commerce that is
 1112  related in any way to the certifying party’s business or
 1113  commerce with any terrorist state. The information disclosed
 1114  pursuant to this paragraph does not constitute customer lists,
 1115  customer names, or trade secrets protected under s. 570.544(8)
 1116  570.544(7).
 1117         Section 40. Subsection (6) of section 559.935, Florida
 1118  Statutes, is amended to read:
 1119         559.935 Exemptions.—
 1120         (6) The department shall request from the Airlines
 1121  Reporting Corporation any information necessary to implement the
 1122  provisions of subsection (2). Persons claiming an exemption
 1123  under subsection (2) or subsection (3) must show a letter of
 1124  exemption from the department before a local business tax
 1125  receipt occupational license to engage in business as a seller
 1126  of travel may be issued or reissued. If the department fails to
 1127  issue a letter of exemption on a timely basis, the seller of
 1128  travel shall submit to the department, through certified mail,
 1129  an affidavit containing her or his name and address and an
 1130  explanation of the exemption sought. Such affidavit may be used
 1131  in lieu of a letter of exemption for the purpose of obtaining a
 1132  business tax receipt an occupational license. In any civil or
 1133  criminal proceeding, the burden of proving an exemption under
 1134  this section is shall be on the person claiming such exemption.
 1135  A letter of exemption issued by the department may shall not be
 1136  used in, and has shall have no bearing on, such proceedings.
 1137         Section 41. Subsection (12) of section 570.29, Florida
 1138  Statutes, is amended to read:
 1139         570.29 Departmental divisions.—The department shall include
 1140  the following divisions:
 1141         (12) Standards.
 1142         Section 42. Sections 570.46 and 570.47, Florida Statutes,
 1143  are repealed.
 1144         Section 43. Section 570.544, Florida Statutes, is amended
 1145  to read:
 1146         570.544 Division of Consumer Services; director; powers;
 1147  processing of complaints; records.—
 1148         (1) The director of the Division of Consumer Services shall
 1149  be appointed by and serve at the pleasure of the commissioner.
 1150         (2) The director shall supervise, direct, and coordinate
 1151  the activities of the division and shall, under the direction of
 1152  the department, enforce the provisions of chapters 472, 496,
 1153  501, 507, 525, 526, 527, 531, 539, 559, 616, and 849.
 1154         (3)(2) The Division of Consumer Services may:
 1155         (a) Conduct studies and make analyses of matters affecting
 1156  the interests of consumers.
 1157         (b) Study the operation of laws for consumer protection.
 1158         (c) Advise and make recommendations to the various state
 1159  agencies concerned with matters affecting consumers.
 1160         (d) Assist, advise, and cooperate with local, state, or
 1161  federal agencies and officials in order to promote the interests
 1162  of consumers.
 1163         (e) Make use of the testing and laboratory facilities of
 1164  the department for the detection of consumer fraud.
 1165         (f) Report to the appropriate law enforcement officers any
 1166  information concerning violation of consumer protection laws.
 1167         (g) Assist, develop, and conduct programs of consumer
 1168  education and consumer information through publications and
 1169  other informational and educational material prepared for
 1170  dissemination to the public, in order to increase the competence
 1171  of consumers.
 1172         (h) Organize and hold conferences on problems affecting
 1173  consumers.
 1174         (i) Recommend programs to encourage business and industry
 1175  to maintain high standards of honesty, fair business practices,
 1176  and public responsibility in the production, promotion, and sale
 1177  of consumer goods and services.
 1178         (4)(3) In addition to the powers, duties, and
 1179  responsibilities authorized by this or any other chapter, the
 1180  Division of Consumer Services shall serve as a clearinghouse for
 1181  matters relating to consumer protection, consumer information,
 1182  and consumer services generally. It shall receive complaints and
 1183  grievances from consumers and promptly transmit them to the that
 1184  agency most directly concerned in order that the complaint or
 1185  grievance may be expeditiously handled in the best interests of
 1186  the complaining consumer. If no agency exists, the Division of
 1187  Consumer Services shall seek a settlement of the complaint using
 1188  formal or informal methods of mediation and conciliation and may
 1189  seek any other resolution of the matter in accordance with its
 1190  jurisdiction.
 1191         (5)(4) If any complaint received by the Division of
 1192  Consumer Services concerns matters that which involve concurrent
 1193  jurisdiction in more than one agency, duplicate copies of the
 1194  complaint shall be referred to those offices deemed to have
 1195  concurrent jurisdiction.
 1196         (6)(5)(a) Any agency, office, bureau, division, or board of
 1197  state government receiving a complaint that which deals with
 1198  consumer fraud or consumer protection and that which is not
 1199  within the jurisdiction of the receiving agency, office, bureau,
 1200  division, or board originally receiving it, shall immediately
 1201  refer the complaint to the Division of Consumer Services.
 1202         (b) Upon receipt of such a complaint, the Division of
 1203  Consumer Services shall make a determination of the proper
 1204  jurisdiction to which the complaint relates and shall
 1205  immediately refer the complaint to the agency, office, bureau,
 1206  division, or board that which does have the proper regulatory or
 1207  enforcement authority to deal with it.
 1208         (7)(6) The office or agency to which a complaint has been
 1209  referred shall within 30 days acknowledge receipt of the
 1210  complaint. If an office or agency receiving a complaint
 1211  determines that the matter presents a prima facie case for
 1212  criminal prosecution or if the complaint cannot be settled at
 1213  the administrative level, the complaint together with all
 1214  supporting evidence shall be transmitted to the Department of
 1215  Legal Affairs or other appropriate enforcement agency with a
 1216  recommendation for civil or criminal action warranted by the
 1217  evidence.
 1218         (8)(7) The records of the Division of Consumer Services are
 1219  public records. However, customer lists, customer names, and
 1220  trade secrets are confidential and exempt from the provisions of
 1221  s. 119.07(1). Disclosure necessary to enforcement procedures
 1222  does shall not violate be construed as violative of this
 1223  prohibition.
 1224         (9)(8)It shall be the duty of The Division of Consumer
 1225  Services shall to maintain records and compile summaries and
 1226  analyses of consumer complaints and their eventual disposition,
 1227  which data may serve as a basis for recommendations to the
 1228  Legislature and to state regulatory agencies.
 1229         Section 44. Paragraph (a) of subsection (8) of section
 1230  616.242, Florida Statutes, is amended to read:
 1231         616.242 Safety standards for amusement rides.—
 1232         (8) FEES.—
 1233         (a) The department shall by rule establish fees to cover
 1234  the costs and expenditures associated with the fair rides
 1235  inspection program Bureau of Fair Rides Inspection, including
 1236  all direct and indirect costs. If there is not sufficient
 1237  general revenue appropriated by the Legislature, the industry
 1238  shall pay for the remaining cost of the program. The fees must
 1239  be deposited in the General Inspection Trust Fund.
 1240         Section 45. This act shall take effect July 1, 2012.
 1241  
 1242  ================= T I T L E  A M E N D M E N T ================
 1243         And the title is amended as follows:
 1244         Delete everything before the enacting clause
 1245  and insert:
 1246                        A bill to be entitled                      
 1247         An act relating to consumer services; amending s.
 1248         20.14, F.S.; deleting provisions establishing the
 1249         Division of Standards within the Department of
 1250         Agriculture and Consumer Services; repealing s.
 1251         366.85, F.S., relating to responsibilities of the
 1252         department for compliance with certain federal
 1253         requirements related to consumer conciliatory
 1254         conferences and energy conservation products,
 1255         services, and loans; amending s. 472.005, F.S.;
 1256         redefining the term “license” and defining the terms
 1257         “consumer member” and “licensee” for purposes of
 1258         provisions governing surveyors and mappers; amending
 1259         s. 472.006, F.S.; directing the Department of
 1260         Agriculture and Consumer Services to work
 1261         cooperatively with the Department of Revenue to
 1262         implement an automated method of disclosing
 1263         information related to licensees; authorizing the
 1264         Department of Agriculture and Consumer Services to
 1265         suspend or deny the license of any licensee found not
 1266         to be in compliance with a support order, subpoena,
 1267         order to show cause, or written agreement; providing
 1268         for reinstatement of a denied or suspended license;
 1269         relieving the department of certain liability
 1270         associated with the denial or suspension of a license;
 1271         amending s. 472.011, F.S.; authorizing the department
 1272         to waive license renewal fees for land surveyors and
 1273         mappers under certain circumstances; authorizing the
 1274         collection of an existing special assessment from
 1275         inactive and delinquent licensees; amending s.
 1276         472.0131, F.S., relating to examinations; making
 1277         technical changes; amending s. 472.015, F.S.;
 1278         authorizing the department to require land surveyors
 1279         or mappers to submit their social security numbers
 1280         when applying for initial licensure or license
 1281         renewal; providing conditions under which an
 1282         application is deemed received; providing conditions
 1283         under which the department may issue a license by
 1284         endorsement; requiring an applicant to provide his or
 1285         her social security number as required pursuant to
 1286         federal law; specifying how a social security number
 1287         may be used; amending s. 472.018, F.S., relating to
 1288         continuing education; making technical changes;
 1289         requiring that continuing education providers
 1290         electronically provide certain information to the
 1291         department; providing timeframes for reporting;
 1292         requiring that the department establish a system to
 1293         monitor licensee compliance with continuing education
 1294         requirements; defining the term “monitor”; authorizing
 1295         the department to refuse to renew a license until the
 1296         applicant satisfies continuing education requirements;
 1297         authorizing the department or board to impose
 1298         additional penalties against applicants who fail to
 1299         satisfy additional requirements; amending s. 472.0202,
 1300         F.S.; conforming a cross-reference; amending s.
 1301         472.0203, F.S.; providing for license renewal
 1302         notification by the department to be sent
 1303         electronically to the licensee’s last known e-mail
 1304         address; amending s. 472.025, F.S.; providing that a
 1305         professional surveyor or mapper whose license is
 1306         revoked or suspended must return his or her seal to
 1307         the executive director of the board, rather than to
 1308         the secretary; creating s. 472.0337, F.S.; authorizing
 1309         the department to administer oaths, take depositions,
 1310         make inspections, issue and serve subpoenas and other
 1311         process, and compel the attendance of witnesses and
 1312         production of certain documents; providing for
 1313         challenges to and enforcement of subpoenas and orders;
 1314         amending s. 472.0351, F.S.; revising grounds for
 1315         discipline; eliminating certain actions by a licensee
 1316         which are grounds for disciplinary action; specifying
 1317         what constitutes an action against a license in
 1318         another state, territory, or country; specifying that
 1319         the board may enter an order against a surveyor or
 1320         mapper who committed certain violations before
 1321         obtaining a license; authorizing the board to require
 1322         corrective action; prohibiting the department from
 1323         issuing to or renewing the license of a person or
 1324         business entity that has been assessed a fine,
 1325         interest, costs, or attorney fees associated with an
 1326         investigation or prosecution until the person pays
 1327         them in full or complies with or satisfies all terms
 1328         and conditions of the final order; creating s.
 1329         472.0357, F.S.; providing penalties for knowingly
 1330         giving false information in the course of applying for
 1331         or obtaining a license; amending s. 493.6105, F.S.;
 1332         authorizing the Department of Agriculture and Consumer
 1333         Services to waive firearms training requirements for
 1334         the initial licensure of private investigative,
 1335         private security, or repossession services under
 1336         certain circumstances; amending s. 493.6113, F.S.;
 1337         authorizing the department to waive firearms training
 1338         requirements for license renewal of private
 1339         investigative, private security, and repossession
 1340         services under certain circumstances; amending s.
 1341         493.6118, F.S.; providing for disciplinary action to
 1342         be taken against certain additional license classes
 1343         and schools or training facilities for private
 1344         investigators and private security and repossession
 1345         services; amending s. 493.6120, F.S.; providing for
 1346         penalty provisions to apply to certain additional
 1347         license classes and schools or training facilities for
 1348         private investigators and private security and
 1349         repossession services; amending s. 501.015, F.S.,
 1350         relating to the regulation of health studios;
 1351         substituting the term “local business tax receipt” for
 1352         the term “local occupational license”; amending s.
 1353         501.017, F.S.; making technical changes; clarifying
 1354         that certain notice be provided in a health studio
 1355         contract in at least 10-point boldface type; amending
 1356         s. 501.059, F.S.; deleting requirement that telephone
 1357         subscribers pay an initial listing charge for
 1358         including their telephone numbers on the state’s no
 1359         sales solicitation calls listing; specifying the
 1360         period that a subscriber’s listing remains active;
 1361         requiring the department to include certain listings
 1362         from a national database on the state’s listing;
 1363         authorizing the department to impose administrative
 1364         fines for violations; specifying that administrative
 1365         proceedings are subject to the Administrative
 1366         Procedure Act; requiring telecommunications companies
 1367         to inform their customers of certain telephone
 1368         solicitation requirements; deleting the requirement
 1369         that the Florida Public Service Commission adopt
 1370         certain rules; amending s. 501.605, F.S.; providing
 1371         that an applicant for a commercial telephone seller
 1372         license may provide other valid forms of
 1373         identification in lieu of a valid driver license
 1374         number; removing the requirement that the applicant
 1375         provide his or her social security number on the
 1376         application; amending s. 501.607, F.S.; providing that
 1377         an applicant for a telemarketing salesperson’s license
 1378         may provide other valid forms of identification in
 1379         lieu of a driver license number; amending s. 501.911,
 1380         F.S.; revising provisions for administration of the
 1381         Antifreeze Act of 1978, to conform; amending s.
 1382         501.913, F.S.; requiring the registrant of a brand of
 1383         antifreeze to assume full responsibility for the
 1384         registration; requiring that a registrant of a brand
 1385         of antifreeze not in production for distribution in
 1386         this state must submit a notarized affidavit attesting
 1387         to specified information; requiring that a certain
 1388         sample size of each brand of antifreeze accompany the
 1389         application for registration; amending s. 507.04,
 1390         F.S.; requiring that the Department of Agriculture and
 1391         Consumer Services be notified at least 10 days before
 1392         any changes are made in the insurance coverage of a
 1393         household moving service; amending s. 525.07, F.S.;
 1394         revising required contents of seal clasps applied by
 1395         meter mechanics after repair and adjustment of
 1396         petroleum fuel measuring devices; amending s. 526.143,
 1397         F.S.; authorizing the department to temporarily waive
 1398         certain requirements for generators at retail motor
 1399         fuel outlets which are used in preparation or response
 1400         to an emergency or major disaster in another state;
 1401         amending s. 526.50, F.S., relating to the sale of
 1402         brake fluid; defining the terms “brand” and “formula”;
 1403         amending s. 526.51, F.S.; conforming terminology;
 1404         providing criteria for reregistering a previously
 1405         registered brand and formula combination of brake
 1406         fluid; providing for a fine for late submission of the
 1407         application for reregistration and required materials;
 1408         requiring a registrant to submit a notarized affidavit
 1409         attesting that specified conditions have been
 1410         satisfied if a registered brand and formula
 1411         combination is not in production for distribution in
 1412         this state; amending s. 526.52, F.S.; providing
 1413         alternative criteria under which a brand of brake
 1414         fluid may satisfy branding requirements; amending s.
 1415         526.53, F.S.; conforming terminology; requiring that
 1416         stop-sale orders be served by the department on the
 1417         owner of the brand name, the distributor, or other
 1418         entity responsible for selling or distributing the
 1419         product; providing that the department’s
 1420         representative, with the consent of the department,
 1421         may dispose of certain unregistered brake fluid;
 1422         amending s. 526.55, F.S.; replacing criminal sanctions
 1423         with administrative and monetary sanctions for
 1424         violations of laws regulating the sale of brake fluid;
 1425         amending s. 539.001, F.S.; eliminating the requirement
 1426         that a pawnshop provide the Department of Agriculture
 1427         and Consumer Services notice of a change in its
 1428         location by certified or registered mail; amending s.
 1429         559.805, F.S.; eliminating a requirement that sellers
 1430         of business opportunities provide the department with
 1431         the social security numbers of their independent
 1432         agents; amending s. 559.904, F.S., relating to the
 1433         regulation of motor vehicle repair shops; substituting
 1434         the term “business tax receipt” for the term
 1435         “occupational license”; repealing s. 559.922, F.S.,
 1436         relating to the use of motor vehicle repair shop
 1437         registration fees to provide financial assistance to
 1438         motor vehicle repair shop employees who undertake
 1439         certain technical training or courses; amending s.
 1440         559.928, F.S., relating to the regulation of sellers
 1441         of travel; substituting the term “business tax
 1442         receipt” for the term “occupational license”;
 1443         eliminating a requirement that an independent travel
 1444         agent provide his or her social security number to the
 1445         department; amending s. 559.9285, F.S.; conforming a
 1446         cross-reference; amending s. 559.935, F.S., relating
 1447         to an exemption from regulation provided for certain
 1448         sellers of travel; substituting the term “business tax
 1449         receipt” for the term “occupational license”; amending
 1450         s. 570.29, F.S., relating to departmental divisions;
 1451         conforming terminology; repealing ss. 570.46 and
 1452         570.47, F.S., relating to the powers and duties of the
 1453         Division of Standards and the qualifications and
 1454         duties of the director of the division; amending s.
 1455         570.544, F.S.; revising the powers and duties of the
 1456         director of the Division of Consumer Services;
 1457         amending s. 616.242, F.S.; removing an obsolete
 1458         reference to the Bureau of Fair Rides Inspection;
 1459         providing an effective date.