Florida Senate - 2012                CS for CS for CS for SB 888
       
       
       
       By the Committees on Budget Subcommittee on General Government
       Appropriations; Regulated Industries; and Commerce and Tourism;
       and Senator Flores
       
       
       601-04254-12                                           2012888c3
    1                        A bill to be entitled                      
    2         An act relating to consumer services; amending s.
    3         20.14, F.S.; deleting provisions establishing the
    4         Division of Standards within the Department of
    5         Agriculture and Consumer Services; repealing s.
    6         366.85, F.S., relating to responsibilities of the
    7         department for compliance with certain federal
    8         requirements related to consumer conciliatory
    9         conferences and energy conservation products,
   10         services, and loans; amending s. 472.005, F.S.;
   11         redefining the term “license” and defining the terms
   12         “consumer member” and “licensee” for purposes of
   13         provisions governing surveyors and mappers; amending
   14         s. 472.006, F.S.; directing the Department of
   15         Agriculture and Consumer Services to work
   16         cooperatively with the Department of Revenue to
   17         implement an automated method of disclosing
   18         information related to licensees; authorizing the
   19         Department of Agriculture and Consumer Services to
   20         suspend or deny the license of any licensee found not
   21         to be in compliance with a support order, subpoena,
   22         order to show cause, or written agreement; providing
   23         for reinstatement of a denied or suspended license;
   24         relieving the department of certain liability
   25         associated with the denial or suspension of a license;
   26         amending s. 472.011, F.S.; authorizing the department
   27         to waive license renewal fees for land surveyors and
   28         mappers under certain circumstances; authorizing the
   29         collection of an existing special assessment from
   30         inactive and delinquent licensees; amending s.
   31         472.0131, F.S., relating to examinations; making
   32         technical changes; amending s. 472.015, F.S.;
   33         authorizing the department to require land surveyors
   34         or mappers to submit their social security numbers
   35         when applying for initial licensure or license
   36         renewal; providing conditions under which an
   37         application is deemed received; providing conditions
   38         under which the department may issue a license by
   39         endorsement; requiring an applicant to provide his or
   40         her social security number as required pursuant to
   41         federal law; specifying how a social security number
   42         may be used; amending s. 472.018, F.S., relating to
   43         continuing education; making technical changes;
   44         requiring that continuing education providers
   45         electronically provide certain information to the
   46         department; providing timeframes for reporting;
   47         requiring that the department establish a system to
   48         monitor licensee compliance with continuing education
   49         requirements; defining the term “monitor”; authorizing
   50         the department to refuse to renew a license until the
   51         applicant satisfies continuing education requirements;
   52         authorizing the department or board to impose
   53         additional penalties against applicants who fail to
   54         satisfy additional requirements; amending s. 472.0202,
   55         F.S.; conforming a cross-reference; amending s.
   56         472.0203, F.S.; providing for license renewal
   57         notification by the department to be sent
   58         electronically to the licensee’s last known e-mail
   59         address; amending s. 472.025, F.S.; providing that a
   60         professional surveyor or mapper whose license is
   61         revoked or suspended must return his or her seal to
   62         the executive director of the board, rather than to
   63         the secretary; creating s. 472.0337, F.S.; authorizing
   64         the department to administer oaths, take depositions,
   65         make inspections, issue and serve subpoenas and other
   66         process, and compel the attendance of witnesses and
   67         production of certain documents; providing for
   68         challenges to and enforcement of subpoenas and orders;
   69         amending s. 472.0351, F.S.; revising grounds for
   70         discipline; eliminating certain actions by a licensee
   71         which are grounds for disciplinary action; specifying
   72         what constitutes an action against a license in
   73         another state, territory, or country; specifying that
   74         the board may enter an order against a surveyor or
   75         mapper who committed certain violations before
   76         obtaining a license; authorizing the board to require
   77         corrective action; prohibiting the department from
   78         issuing to or renewing the license of a person or
   79         business entity that has been assessed a fine,
   80         interest, costs, or attorney fees associated with an
   81         investigation or prosecution until the person pays
   82         them in full or complies with or satisfies all terms
   83         and conditions of the final order; amending s.
   84         493.6105, F.S.; authorizing the Department of
   85         Agriculture and Consumer Services to waive firearms
   86         training requirements for the initial licensure of
   87         private investigative, private security, or
   88         repossession services under certain circumstances;
   89         amending s. 493.6113, F.S.; authorizing the department
   90         to waive firearms training requirements for license
   91         renewal of private investigative, private security,
   92         and repossession services under certain circumstances;
   93         amending s. 493.6118, F.S.; providing for disciplinary
   94         action to be taken against certain additional license
   95         classes and schools or training facilities for private
   96         investigators and private security and repossession
   97         services; amending s. 493.6120, F.S.; providing for
   98         penalty provisions to apply to certain additional
   99         license classes and schools or training facilities for
  100         private investigators and private security and
  101         repossession services; amending s. 501.015, F.S.,
  102         relating to the regulation of health studios;
  103         substituting the term “local business tax receipt” for
  104         the term “local occupational license”; amending s.
  105         501.017, F.S.; making technical changes; clarifying
  106         that certain notice be provided in a health studio
  107         contract in at least 10-point boldface type; amending
  108         s. 501.059, F.S.; deleting requirement that telephone
  109         subscribers pay an initial listing charge for
  110         including their telephone numbers on the state’s no
  111         sales solicitation calls listing; specifying the
  112         period that a subscriber’s listing remains active;
  113         requiring the department to include certain listings
  114         from a national database on the state’s listing;
  115         authorizing the department to impose administrative
  116         fines for violations; specifying that administrative
  117         proceedings are subject to the Administrative
  118         Procedure Act; requiring telecommunications companies
  119         to inform their customers of certain telephone
  120         solicitation requirements; deleting the requirement
  121         that the Florida Public Service Commission adopt
  122         certain rules; amending s. 501.605, F.S.; providing
  123         that an applicant for a commercial telephone seller
  124         license may provide other valid forms of
  125         identification in lieu of a valid driver license
  126         number; removing the requirement that the applicant
  127         provide his or her social security number on the
  128         application; amending s. 501.607, F.S.; providing that
  129         an applicant for a telemarketing salesperson’s license
  130         may provide other valid forms of identification in
  131         lieu of a driver license number; amending s. 501.911,
  132         F.S.; revising provisions for administration of the
  133         Antifreeze Act of 1978, to conform; amending s.
  134         501.913, F.S.; requiring the registrant of a brand of
  135         antifreeze to assume full responsibility for the
  136         registration; requiring that a registrant of a brand
  137         of antifreeze not in production for distribution in
  138         this state must submit a notarized affidavit attesting
  139         to specified information; requiring that a certain
  140         sample size of each brand of antifreeze accompany the
  141         application for registration; amending s. 507.04,
  142         F.S.; requiring that the Department of Agriculture and
  143         Consumer Services be notified at least 10 days before
  144         any changes are made in the insurance coverage of a
  145         household moving service; amending s. 525.07, F.S.;
  146         revising required contents of seal clasps applied by
  147         meter mechanics after repair and adjustment of
  148         petroleum fuel measuring devices; amending s. 526.143,
  149         F.S.; authorizing the department to temporarily waive
  150         certain requirements for generators at retail motor
  151         fuel outlets which are used in preparation or response
  152         to an emergency or major disaster in another state;
  153         amending s. 526.50, F.S., relating to the sale of
  154         brake fluid; defining the terms “brand” and “formula”;
  155         amending s. 526.51, F.S.; conforming terminology;
  156         providing criteria for reregistering a previously
  157         registered brand and formula combination of brake
  158         fluid; providing for a fine for late submission of the
  159         application for reregistration and required materials;
  160         requiring a registrant to submit a notarized affidavit
  161         attesting that specified conditions have been
  162         satisfied if a registered brand and formula
  163         combination is not in production for distribution in
  164         this state; amending s. 526.52, F.S.; providing
  165         alternative criteria under which a brand of brake
  166         fluid may satisfy branding requirements; amending s.
  167         526.53, F.S.; conforming terminology; requiring that
  168         stop-sale orders be served by the department on the
  169         owner of the brand name, the distributor, or other
  170         entity responsible for selling or distributing the
  171         product; providing that the department’s
  172         representative, with the consent of the department,
  173         may dispose of certain unregistered brake fluid;
  174         amending s. 526.55, F.S.; replacing criminal sanctions
  175         with administrative and monetary sanctions for
  176         violations of laws regulating the sale of brake fluid;
  177         amending s. 539.001, F.S.; eliminating the requirement
  178         that a pawnshop provide the Department of Agriculture
  179         and Consumer Services notice of a change in its
  180         location by certified or registered mail; amending s.
  181         559.805, F.S.; eliminating a requirement that sellers
  182         of business opportunities provide the department with
  183         the social security numbers of their independent
  184         agents; amending s. 559.904, F.S., relating to the
  185         regulation of motor vehicle repair shops; substituting
  186         the term “business tax receipt” for the term
  187         “occupational license”; repealing s. 559.922, F.S.,
  188         relating to the use of motor vehicle repair shop
  189         registration fees to provide financial assistance to
  190         motor vehicle repair shop employees who undertake
  191         certain technical training or courses; amending s.
  192         559.928, F.S., relating to the regulation of sellers
  193         of travel; substituting the term “business tax
  194         receipt” for the term “occupational license”;
  195         eliminating a requirement that an independent travel
  196         agent provide his or her social security number to the
  197         department; amending s. 559.9285, F.S.; conforming a
  198         cross-reference; amending s. 559.935, F.S., relating
  199         to an exemption from regulation provided for certain
  200         sellers of travel; substituting the term “business tax
  201         receipt” for the term “occupational license”; amending
  202         s. 570.29, F.S., relating to departmental divisions;
  203         conforming terminology; repealing ss. 570.46 and
  204         570.47, F.S., relating to the powers and duties of the
  205         Division of Standards and the qualifications and
  206         duties of the director of the division; amending s.
  207         570.544, F.S.; revising the powers and duties of the
  208         director of the Division of Consumer Services;
  209         amending s. 616.242, F.S.; removing an obsolete
  210         reference to the Bureau of Fair Rides Inspection;
  211         providing an effective date.
  212  
  213  Be It Enacted by the Legislature of the State of Florida:
  214  
  215         Section 1. Paragraph (l) of subsection (2) of section
  216  20.14, Florida Statutes, is amended to read:
  217         20.14 Department of Agriculture and Consumer Services.
  218  There is created a Department of Agriculture and Consumer
  219  Services.
  220         (2) The following divisions of the Department of
  221  Agriculture and Consumer Services are established:
  222         (l) Standards.
  223         Section 2. Section 366.85, Florida Statutes, is repealed.
  224         Section 3. Subsection (7) of section 472.005, Florida
  225  Statutes, is amended, and subsections (15) and (16) are added to
  226  that section, to read:
  227         472.005 Definitions.—As used in ss. 472.001-472.037:
  228         (7) The term “license” means a registration, certificate,
  229  or license issued by the department pursuant to this chapter the
  230  registration of surveyors and mappers or the certification of
  231  businesses to practice surveying and mapping in this state.
  232         (15) “Consumer member” means a person appointed to serve on
  233  the board who is not, and never has been, a professional
  234  surveyor or mapper in any jurisdiction or a member of any
  235  closely related profession regulated by the board.
  236         (16) “Licensee” means any person or business entity that
  237  has been issued, pursuant to this chapter, a registration,
  238  certificate, or license by the department.
  239         Section 4. Subsection (12) is added to section 472.006,
  240  Florida Statutes, to read:
  241         472.006 Department; powers and duties.—The department
  242  shall:
  243         (12) Work cooperatively with the Department of Revenue to
  244  implement an automated method for periodically disclosing
  245  information relating to current licensees to the Department of
  246  Revenue in order to further the public policy of reducing the
  247  state’s financial burden as a result of family desertion and
  248  nonsupport of dependent children as provided in s. 409.2551. The
  249  department shall, if directed by the court or the Department of
  250  Revenue, pursuant to s. 409.2598, suspend or deny the license of
  251  any licensee who is found to not be in compliance with a support
  252  order, subpoena, order to show cause, or written agreement
  253  entered into by the licensee with the Department of Revenue. The
  254  department shall issue or reinstate the license without
  255  additional charge to the licensee if notified by the court or
  256  the Department of Revenue that the licensee has complied with
  257  the terms of the support order. The department is not liable for
  258  any license denial or suspension resulting from the discharge of
  259  its duties under this subsection.
  260         Section 5. Subsections (1) and (12) of section 472.011,
  261  Florida Statutes, are amended to read:
  262         472.011 Fees.—
  263         (1) The board, by rule, may establish fees to be paid for
  264  applications, examination, reexamination, licensing and renewal,
  265  inactive status application and reactivation of inactive
  266  licenses, recordmaking and recordkeeping, and applications for
  267  providers of continuing education. The board may also establish
  268  by rule a delinquency fee. The board shall establish fees that
  269  are adequate to ensure the continued operation of the board.
  270  Fees shall be based on department estimates of the revenue
  271  required to implement ss. 472.001-472.037 and the provisions of
  272  law with respect to the regulation of surveyors and mappers. If
  273  the department determines, based on estimates of available
  274  revenue collected pursuant to this section, that the General
  275  Inspection Trust Fund contains funds that exceed the amount
  276  required to cover the necessary functions of the board, the
  277  department shall, by rule, waive the license renewal fees for
  278  licensees under this chapter for a period not to exceed 2 years.
  279         (12) The board may, by rule, assess and collect a special
  280  assessment one-time fee from each active, inactive, and
  281  delinquent each voluntary inactive licensee in an amount
  282  necessary to eliminate a cash deficit or, if there is not a cash
  283  deficit, in an amount sufficient to maintain the financial
  284  integrity of this profession as required in this subsection.
  285         Section 6. Subsection (3) of section 472.0131, Florida
  286  Statutes, is amended to read:
  287         472.0131 Examinations; development; administration.—
  288         (3) Except for national examinations approved and
  289  administered pursuant to paragraph (1)(d), the department shall
  290  provide procedures for applicants who have taken and failed an
  291  examination developed by the department or a contracted vendor
  292  to review their examination questions, answers, papers, grades,
  293  and grading key for the questions the candidate answered
  294  incorrectly on his or her last examination or, if not feasible,
  295  the parts of the examination failed. Applicants shall bear the
  296  actual cost for the department to provide examination review
  297  pursuant to this subsection. An applicant may waive in writing
  298  the confidentiality of his or her examination grades.
  299         Section 7. Subsection (1) and paragraph (b) of subsection
  300  (6) of section 472.015, Florida Statutes, are amended, and
  301  subsection (15) is added to that section, to read:
  302         472.015 Licensure.—
  303         (1) Notwithstanding any other law, the department is the
  304  sole authority for determining the contents of any documents to
  305  be submitted for initial licensure and licensure renewal. The
  306  Such documents may contain information including, as
  307  appropriate: demographics, social security number, education,
  308  work history, personal background, criminal history, finances,
  309  business information, complaints, inspections, investigations,
  310  discipline, bonding, signature notarization, photographs,
  311  performance periods, reciprocity, local government approvals,
  312  supporting documentation, periodic reporting requirements,
  313  continuing education requirements, and ongoing education
  314  monitoring. The applicant shall supplement his or her
  315  application may be supplemented as needed to reflect any
  316  material change in any circumstance or condition stated in the
  317  application which takes place between the initial filing of the
  318  application and the final grant or denial of the license and
  319  which might affect the decision of the department. An
  320  application is received for the purposes of s. 120.60 upon
  321  receipt by the department of the application, submitted in the
  322  format prescribed by the department, the application fee set by
  323  the board, and any other documentation or fee required by law or
  324  rule to be submitted with the application in order for the
  325  application to be complete.
  326         (6)
  327         (b) The department may shall not issue a license by
  328  endorsement to any applicant who is under investigation in this
  329  state or any other state or any other jurisdiction another state
  330  for any act that would constitute a violation of this ss.
  331  472.001-472.037 or chapter 455 until such time as the
  332  investigation is complete and disciplinary proceedings have been
  333  terminated.
  334         (15) Pursuant to the federal Personal Responsibility and
  335  Work Opportunity Reconciliation Act of 1996, each person
  336  applying for initial licensure or license renewal shall provide
  337  his or her social security number. Use of social security
  338  numbers obtained through this requirement is limited to the
  339  purpose of administering the Title IV-D program for child
  340  support enforcement, use by the department, and use as otherwise
  341  provided by law.
  342         Section 8. Subsection (1) of section 472.018, Florida
  343  Statutes, is amended, and subsections (13), (14), and (15) are
  344  added to that section, to read:
  345         472.018 Continuing education.—The department may not renew
  346  a license until the licensee submits proof satisfactory to the
  347  board that during the 2 years before prior to her or his
  348  application for renewal the licensee has completed at least 24
  349  hours of continuing education.
  350         (1) The board shall adopt rules to establish the criteria
  351  and course content for continuing education courses. The rules
  352  may provide that up to a maximum of 25 percent of the required
  353  continuing education hours may can be fulfilled by the
  354  performance of pro bono services to the indigent or to
  355  underserved populations or in areas of critical need within the
  356  state where the licensee practices. The board must require that
  357  any pro bono services be approved in advance in order to receive
  358  credit for continuing education under this section. The board
  359  shall use the standard for determining indigency shall be that
  360  recognized by the Federal Poverty Income Guidelines produced by
  361  the United States Department of Health and Human Services in
  362  determining indigency. The board may adopt rules that may
  363  provide for approval by the board that a part of the continuing
  364  education hours may can be fulfilled by performing research in
  365  critical need areas or for training leading to advanced
  366  professional certification. The board, or the department when
  367  there is no board, may adopt make rules to define underserved
  368  and critical need areas. The department shall adopt rules for
  369  the administration of continuing education requirements adopted
  370  by the board or the department when there is no board.
  371         (13) Each continuing education provider shall provide to
  372  the department, in an electronic format determined by the
  373  department, information regarding the continuing education
  374  status of licensees which the department determines is necessary
  375  to carry out its duties under this chapter. After a licensee
  376  completes a course, the information must be submitted
  377  electronically by the continuing education provider to the
  378  department within 30 calendar days after completion. However,
  379  beginning on the 30th day before the renewal deadline or before
  380  the renewal date, whichever occurs sooner, the continuing
  381  education provider shall electronically report such information
  382  to the department within 10 business days after completion.
  383         (14) The department shall establish a system to monitor
  384  licensee compliance with continuing education requirements and
  385  to determine the continuing education status of each licensee.
  386  As used in this subsection, the term “monitor” means the act of
  387  determining, for each licensee, whether the licensee is in full
  388  compliance with applicable continuing education requirements as
  389  of the date of the licensee’s application for license renewal.
  390         (15) The department may refuse to renew a license until the
  391  licensee has satisfied all applicable continuing education
  392  requirements. This subsection does not preclude the department
  393  or board from imposing additional penalties pursuant to this
  394  chapter or rules adopted pursuant this chapter.
  395         Section 9. Subsection (1) of section 472.0202, Florida
  396  Statutes, is amended to read:
  397         472.0202 Inactive and delinquent status.—
  398         (1) A licensee may practice a profession only if the
  399  licensee has an active status license. A licensee who practices
  400  a profession without an active status license is in violation of
  401  this section and s. 472.0351 472.033, and the board may impose
  402  discipline on the licensee.
  403         Section 10. Subsection (3) is added to section 472.0203,
  404  Florida Statutes, to read:
  405         472.0203 Renewal and cancellation notices.—
  406         (3) Notwithstanding any other law, a licensure renewal
  407  notification required to be sent to the last known address of
  408  record may be sent by the department to the licensee by
  409  electronic means if the licensee has provided an e-mail address
  410  to the department.
  411         Section 11. Subsection (2) of section 472.025, Florida
  412  Statutes, is amended to read:
  413         472.025 Seals.—
  414         (2) It is unlawful for a any person to stamp, seal, or
  415  digitally sign a any document with a seal or digital signature
  416  after his or her certificate of registration has expired or been
  417  revoked or suspended, unless such certificate of registration
  418  has been reinstated or reissued. When a the certificate of
  419  registration of a registrant has been revoked or suspended by
  420  the board, the registrant shall, within a period of 30 days
  421  after the revocation or suspension has become effective,
  422  surrender his or her seal to the executive director secretary of
  423  the board and confirm to the executive director secretary the
  424  cancellation of the registrant’s digital signature in accordance
  425  with ss. 668.001-668.006. If In the event the registrant’s
  426  certificate has been suspended for a period of time, his or her
  427  seal shall be returned to him or her upon expiration of the
  428  suspension period.
  429         Section 12. Section 472.0337, Florida Statutes, is created
  430  to read:
  431         472.0337 Power to administer oaths, take depositions, and
  432  issue subpoenas.—For the purpose of an investigation or
  433  proceeding conducted by the department, the department shall
  434  administer oaths, take depositions, make inspections, issue
  435  subpoenas which must be supported by affidavit, serve subpoenas
  436  and other process, and compel the attendance of witnesses and
  437  the production of books, papers, documents, and other evidence.
  438  Challenges to, and enforcement of, the subpoenas and orders
  439  shall be conducted as provided in s. 120.569.
  440         Section 13. Section 472.0351, Florida Statutes, is amended
  441  to read:
  442         472.0351 Grounds for discipline; penalties; enforcement.—
  443         (1) The following acts shall constitute grounds for which
  444  the disciplinary actions specified in subsection (2) may be
  445  taken:
  446         (a) Violation of any provision of s. 472.031;
  447         (b) Attempting to procure a license to practice surveying
  448  and mapping by bribery or fraudulent misrepresentations;
  449         (c) Having a license to practice surveying and mapping
  450  revoked, suspended, or otherwise acted against, including the
  451  denial of licensure, by the licensing authority of another
  452  state, territory, or country, for a violation that constitutes a
  453  violation under the laws of this state. The acceptance of a
  454  relinquishment of licensure, stipulation, consent order, or
  455  other settlement offered in response to or in anticipation of
  456  the filing of charges against the license by a licensing
  457  authority is an action against the license;
  458         (d) Being convicted or found guilty of, or entering a plea
  459  of guilty, no contest, or nolo contendere to, regardless of
  460  adjudication, a crime in any jurisdiction which directly relates
  461  to the practice of surveying and mapping or the ability to
  462  practice surveying and mapping;
  463         (e) Making or filing a report or record that the licensee
  464  knows to be false, willfully failing to file a report or record
  465  required by state or federal law, willfully impeding or
  466  obstructing such filing, or inducing another person to impede or
  467  obstruct such filing. Such reports or records shall include only
  468  those that are signed in the capacity of a registered surveyor
  469  and mapper;
  470         (f) Advertising goods or services in a manner that is
  471  fraudulent, false, deceptive, or misleading in form or content;
  472         (g) Upon proof that the licensee is guilty of fraud or
  473  deceit, or of negligence, incompetency, or misconduct, in the
  474  practice of surveying and mapping;
  475         (h) Failing to perform a any statutory or legal obligation
  476  placed upon a licensed surveyor and mapper; violating a any
  477  provision of this chapter, a rule of the board or department, or
  478  a lawful order of the board or department previously entered in
  479  a disciplinary hearing; or failing to comply with a lawfully
  480  issued subpoena of the department;
  481         (i) Practicing on a revoked, suspended, inactive, or
  482  delinquent license;
  483         (j) Making misleading, deceptive, or fraudulent
  484  representations in or related to the practice of the licensee’s
  485  profession;
  486         (k) Intentionally violating any rule adopted by the board
  487  or the department, as appropriate;
  488         (l) Having a license or the authority to practice the
  489  regulated profession revoked, suspended, or otherwise acted
  490  against, including the denial of licensure, by the licensing
  491  authority of any jurisdiction, including its agencies or
  492  subdivisions, for a violation that would constitute a violation
  493  under Florida law;
  494         (j)(m) Having been found liable in a civil proceeding for
  495  knowingly filing a false report or complaint with the department
  496  against another licensee;
  497         (k)(n) Failing to report to the department any person who
  498  the licensee knows is in violation of this chapter or the rules
  499  of the department or the board;
  500         (l)(o) Aiding, assisting, procuring, employing, or advising
  501  any unlicensed person or entity to practice surveying and
  502  mapping contrary to this chapter or the rules of the department
  503  or the board;
  504         (m)(p) Making deceptive, untrue, or fraudulent
  505  representations in or related to the practice of professional
  506  surveying or mapping a profession or employing a trick or scheme
  507  in or related to the practice of professional surveying or
  508  mapping a profession;
  509         (n)(q) Exercising influence on the client for the purpose
  510  of financial gain of the licensee or a third party;
  511         (o)(r) Practicing or offering to practice beyond the scope
  512  permitted by law or accepting and performing professional
  513  responsibilities the licensee knows, or has reason to know, the
  514  licensee is not competent to perform;
  515         (p)(s) Delegating or contracting for the performance of
  516  professional responsibilities by a person when the licensee
  517  delegating or contracting for performance of such
  518  responsibilities knows, or has reason to know, such person is
  519  not qualified by training, experience, and authorization when
  520  required to perform them; or
  521         (t) Violating this chapter, the applicable professional
  522  practice act, a rule of the department or the board, or a lawful
  523  order of the department or the board, or failing to comply with
  524  a lawfully issued subpoena of the department; or
  525         (q)(u) Improperly interfering with an investigation or
  526  inspection authorized by statute, or with any disciplinary
  527  proceeding.
  528         (2) If When the board finds a any surveyor or mapper guilty
  529  of any of the grounds set forth in subsection (1) or a violation
  530  of this chapter which occurred before obtaining a license, the
  531  board it may enter an order imposing one or more of the
  532  following penalties:
  533         (a) Denial of an application for licensure, or approval of
  534  an application for licensure with restrictions.
  535         (b) Revocation or suspension of a license.
  536         (c) Imposition of an administrative fine not to exceed
  537  $1,000 for each count or separate offense.
  538         (d) Issuance of a reprimand.
  539         (e) Placement of the surveyor or mapper on probation for a
  540  period of time and subject to such conditions as the board may
  541  specify. Those conditions may include, but are not limited to,
  542  requiring the licensee to undergo treatment, attend continuing
  543  education courses, submit to be reexamined, work under the
  544  supervision of another licensee, or satisfy any terms which are
  545  reasonably tailored to the violations found.
  546         (f) Restriction of the authorized scope of practice by the
  547  surveyor or mapper.
  548         (g) Corrective action.
  549         (3) The department shall reissue the license of a
  550  disciplined surveyor or mapper upon certification by the board
  551  that he or she has complied with all of the terms and conditions
  552  set forth in the final order.
  553         (4)(a) In addition to any other discipline imposed pursuant
  554  to this section, the board may assess costs and attorney
  555  attorneys fees related to the investigation and prosecution of
  556  the case.
  557         (b) In any case where the board or the department imposes a
  558  fine or assessment and the fine or assessment is not paid within
  559  a reasonable time, which may such reasonable time to be
  560  prescribed in the rules of the board or in the order assessing
  561  such fines or costs, the department or the Department of Legal
  562  Affairs may contract for the collection of, or bring a civil
  563  action to recover, the fine or assessment.
  564         (c) The department may not issue to or renew the license of
  565  any person or business entity against which the board has
  566  assessed a fine, interest, costs, or attorney fees associated
  567  with an investigation and prosecution until the person or
  568  business entity has paid the full amount due or complies with or
  569  satisfies all terms and conditions of the final order.
  570         (5) In addition to, or in lieu of, any other remedy or
  571  criminal prosecution, the department may file a proceeding in
  572  the name of the state seeking issuance of an injunction or a
  573  writ of mandamus against any person who violates any of the
  574  provisions of this chapter, or any provision of law with respect
  575  to professions regulated by the department, or any board
  576  therein, or the rules adopted pursuant thereto.
  577         (5)(6) If the board determines that revocation of a license
  578  is the appropriate penalty, the revocation shall be permanent.
  579  However, the board may establish, by rule, requirements for
  580  reapplication by applicants whose licenses have been permanently
  581  revoked. Such requirements may include, but are shall not be
  582  limited to, satisfying current requirements for an initial
  583  license.
  584         Section 14. Subsection (5) of section 493.6105, Florida
  585  Statutes, is amended to read:
  586         493.6105 Initial application for license.—
  587         (5) In addition to the requirements outlined in subsection
  588  (3), an applicant for a Class “G” license must satisfy minimum
  589  training criteria for firearms established by rule of the
  590  department, which training criteria includes, but is not limited
  591  to, 28 hours of range and classroom training taught and
  592  administered by a Class “K” licensee; however, no more than 8
  593  hours of such training shall consist of range training. The
  594  department may waive the foregoing firearms training requirement
  595  if:
  596         (a) The applicant provides proof that he or she is
  597  currently certified as a law enforcement officer or correctional
  598  officer pursuant to the requirements of the Criminal Justice
  599  Standards and Training Commission or has successfully completed
  600  the training required for certification within the last 12
  601  months.
  602         (b) The applicant provides proof that he or she is
  603  currently certified as a federal law enforcement officer and has
  604  received law enforcement firearms training administered by a
  605  federal law enforcement agency.
  606         (c) The applicant submits a valid firearm certificate among
  607  those specified in paragraph (6)(a). If the applicant submits
  608  proof that he or she is an active law enforcement officer
  609  currently certified under the Criminal Justice Standards and
  610  Training Commission or has completed the training required for
  611  that certification within the last 12 months, or if the
  612  applicant submits one of the certificates specified in paragraph
  613  (6)(a), the department may waive the foregoing firearms training
  614  requirement.
  615         Section 15. Paragraph (b) of subsection (3) of section
  616  493.6113, Florida Statutes, is amended to read:
  617         493.6113 Renewal application for licensure.—
  618         (3) Each licensee is responsible for renewing his or her
  619  license on or before its expiration by filing with the
  620  department an application for renewal accompanied by payment of
  621  the prescribed license fee.
  622         (b) Each Class “G” licensee shall additionally submit proof
  623  that he or she has received during each year of the license
  624  period a minimum of 4 hours of firearms recertification training
  625  taught by a Class “K” licensee and has complied with such other
  626  health and training requirements which the department may adopt
  627  by rule. If proof of a minimum of 4 hours of annual firearms
  628  recertification training cannot be provided, the renewal
  629  applicant shall complete the minimum number of hours of range
  630  and classroom training required at the time of initial
  631  licensure. The department may waive the foregoing firearms
  632  training requirement if:
  633         1. The applicant provides proof that he or she is currently
  634  certified as a law enforcement officer or correctional officer
  635  under the Criminal Justice Standards and Training Commission and
  636  has completed law enforcement firearms requalification training
  637  annually during the previous 2 years of the licensure period.
  638         2. The applicant provides proof that he or she is currently
  639  certified as a federal law enforcement officer and has received
  640  law enforcement firearms training administered by a federal law
  641  enforcement agency annually during the previous 2 years of the
  642  licensure period.
  643         3. The applicant submits a valid firearm certificate among
  644  those specified in s. 493.6105(6)(a) and provides proof of
  645  having completed requalification training during the previous 2
  646  years of the licensure period.
  647         Section 16. Subsection (6) of section 493.6118, Florida
  648  Statutes, is amended to read:
  649         493.6118 Grounds for disciplinary action.—
  650         (6) The agency or Class “DS” or “RS” license and the
  651  approval or license of each officer, partner, or owner of the
  652  agency, school, or training facility are automatically suspended
  653  upon entry of a final order imposing an administrative fine
  654  against the agency, school, or training facility, until the fine
  655  is paid, if 30 calendar days have elapsed since the entry of the
  656  final order. All owners and corporate or agency officers or
  657  partners are jointly and severally liable for agency fines
  658  levied against the agency, school, or training facility. Neither
  659  The agency or Class “DS” or “RS” license or the approval or
  660  license of any officer, partner, or owner of the agency, school,
  661  or training facility may not be renewed, and nor may an
  662  application may not be approved, if the owner, licensee, or
  663  applicant is liable for an outstanding administrative fine
  664  imposed under this chapter. An individual’s approval or license
  665  becomes automatically suspended if a fine imposed against the
  666  individual or his or her agency is not paid within 30 days after
  667  the date of the final order, and remains suspended until the
  668  fine is paid. Notwithstanding the provisions of this subsection,
  669  an individual’s approval or license may not be suspended and nor
  670  may an application may not be denied if when the licensee or the
  671  applicant has an appeal from a final order pending in any
  672  appellate court.
  673         Section 17. Subsection (4) of section 493.6120, Florida
  674  Statutes, is amended to read:
  675         493.6120 Violations; penalty.—
  676         (4) A Any person who was an owner, officer, partner, or
  677  manager of a licensed agency or a Class “DS” or “RS” school or
  678  training facility at the time of any activity that is the basis
  679  for revocation of the agency or branch office license or the
  680  school or training facility license and who knew or should have
  681  known of the activity, shall have his or her personal licenses
  682  or approval suspended for 3 years and may not have any financial
  683  interest in or be employed in any capacity by a licensed agency
  684  or a school or training facility during the period of
  685  suspension.
  686         Section 18. Subsection (7) of section 501.015, Florida
  687  Statutes, is amended to read:
  688         501.015 Health studios; registration requirements and
  689  fees.—Each health studio shall:
  690         (7) A Any person applying for or renewing a local business
  691  tax receipt occupational license to engage in business as a
  692  health studio must exhibit an active registration certificate
  693  from the Department of Agriculture and Consumer Services before
  694  the local business tax receipt occupational license may be
  695  issued or reissued.
  696         Section 19. Subsection (1) of section 501.017, Florida
  697  Statutes, is amended to read:
  698         501.017 Health studios; contracts.—
  699         (1) Each Every contract for the sale of future health
  700  studio services which is paid for in advance or which the buyer
  701  agrees to pay for in future installment payments shall be in
  702  writing and shall contain, contractual provisions to the
  703  contrary notwithstanding, in immediate proximity to the space
  704  reserved in the contract for the signature of the buyer, and in
  705  at least 10-point boldfaced type, language substantially
  706  equivalent to the following:
  707         (a) A provision for the penalty-free cancellation of the
  708  contract within 3 days, exclusive of holidays and weekends, of
  709  its making, upon the mailing or delivery of written notice to
  710  the health studio, and refund upon such notice of all moneys
  711  paid under the contract, except that the health studio may
  712  retain an amount computed by dividing the number of complete
  713  days in the contract term or, if appropriate, the number of
  714  occasions health studio services are to be rendered into the
  715  total contract price and multiplying the result by the number of
  716  complete days that have passed since the making of the contract
  717  or, if appropriate, by the number of occasions that health
  718  studio services have been rendered. A refund shall be issued
  719  within 30 days after receipt of the notice of cancellation made
  720  within the 3-day provision.
  721         (b)1. A provision for the cancellation and refund of the
  722  contract if the contracting business location of the health
  723  studio goes out of business, or moves its facilities more than 5
  724  driving miles from the business location designated in the such
  725  contract and fails to provide, within 30 days, a facility of
  726  equal quality located within 5 driving miles of the business
  727  location designated in the such contract at no additional cost
  728  to the buyer.
  729         2. A provision that notice of intent to cancel by the buyer
  730  shall be given in writing to the health studio. The Such a
  731  notice of cancellation from the consumer terminates shall also
  732  terminate automatically the consumer’s obligation to any entity
  733  to whom the health studio has subrogated or assigned the
  734  consumer’s contract. If the health studio wishes to enforce the
  735  such contract after receipt of the notice such showing, it may
  736  request the department to determine the sufficiency of the
  737  notice showing.
  738         3. A provision that if the department determines that a
  739  refund is due the buyer, the refund shall be an amount computed
  740  by dividing the contract price by the number of weeks in the
  741  contract term and multiplying the result by the number of weeks
  742  remaining in the contract term. The business location of a
  743  health studio may shall not be deemed out of business when
  744  temporarily closed for repair and renovation of the premises:
  745         a. Upon sale, for not more than 14 consecutive days; or
  746         b. During ownership, for not more than 7 consecutive days
  747  and not more than two periods of 7 consecutive days in any
  748  calendar year.
  749  
  750  A refund shall be issued within 30 days after receipt of the
  751  notice of cancellation made pursuant to this paragraph.
  752         (c) A provision in the disclosure statement advising the
  753  buyer to contact the department for information within 60 days
  754  should the health studio go out of business.
  755         (d) A provision for the cancellation of the contract if the
  756  buyer dies or becomes physically unable to avail himself or
  757  herself of a substantial portion of those services which he or
  758  she used from the commencement of the contract until the time of
  759  disability, with refund of funds paid or accepted in payment of
  760  the contract in an amount computed by dividing the contract
  761  price by the number of weeks in the contract term and
  762  multiplying the result by the number of weeks remaining in the
  763  contract term. The contract may require a buyer or the buyer’s
  764  estate seeking relief under this paragraph to provide proof of
  765  disability or death. A physical disability sufficient to warrant
  766  cancellation of the contract by the buyer is shall be
  767  established if the buyer furnishes to the health studio a
  768  certification of such disability by a physician licensed under
  769  chapter 458, chapter 459, chapter 460, or chapter 461 to the
  770  extent the diagnosis or treatment of the disability is within
  771  the physician’s scope of practice. A refund shall be issued
  772  within 30 days after receipt of the notice of cancellation made
  773  pursuant to this paragraph.
  774         (e) A provision that the initial contract will not be for a
  775  period in excess of 36 months, and thereafter shall only be
  776  renewable annually. A Such renewal contract contracts may not be
  777  executed and the fee therefor paid until 60 days or less before
  778  the previous preceding contract expires.
  779         (f) A provision that if the health studio requires a buyer
  780  to furnish identification upon entry to the facility and as a
  781  condition of using the services of the health studio, the health
  782  studio shall provide the buyer with the means of such
  783  identification.
  784         Section 20. Paragraphs (e) through (i) of subsection (1) of
  785  section 501.059, Florida Statutes, are redesignated as
  786  paragraphs (d) through (h), respectively, and present paragraph
  787  (d) of subsection (1) and subsections (3), (8), and (10) of that
  788  section are amended to read:
  789         501.059 Telephone solicitation.—
  790         (1) As used in this section:
  791         (d) “Commission” means the Florida Public Service
  792  Commission.
  793         (3)(a) If any residential, mobile, or telephonic paging
  794  device telephone subscriber notifies the department of his or
  795  her desire desiring to be placed on a “no sales solicitation
  796  calls” listing indicating that the subscriber does not wish to
  797  receive unsolicited telephonic sales calls, may notify the
  798  department shall place the subscriber and be placed on that
  799  listing for 5 years upon receipt by the department of a $10
  800  initial listing charge. This listing shall be renewed by the
  801  department annually for each consumer upon receipt of a renewal
  802  notice and a $5 assessment.
  803         (b) The department shall update its “no sales solicitation
  804  calls” listing upon receipt of initial consumer subscriptions or
  805  renewals and provide this listing for a fee to telephone
  806  solicitors upon request.
  807         (c) All fees imposed pursuant to this section shall be
  808  deposited in the General Inspection Trust Fund for the
  809  administration of this section.
  810         (d) If the Federal Trade Commission, pursuant to 15 U.S.C.
  811  s. 6102(a), establishes a national database that lists the
  812  telephone numbers of subscribers who object to receiving
  813  telephone solicitations, the department shall include those
  814  listings from the national database which relate to Florida in
  815  the listing established under this section.
  816         (8)(a) The department shall investigate any complaints
  817  received concerning violations of this section. If, after
  818  investigating any complaint, the department finds that there has
  819  been a violation of this section, the department or the
  820  Department of Legal Affairs may bring an action to impose a
  821  civil penalty and to seek other relief, including injunctive
  822  relief, as the court deems appropriate against the telephone
  823  solicitor. The civil penalty may shall not exceed $10,000 per
  824  violation and shall be deposited in the General Inspection Trust
  825  Fund if the action or proceeding was brought by the department,
  826  or the Legal Affairs Revolving Trust Fund if the action or
  827  proceeding was brought by the Department of Legal Affairs. This
  828  civil penalty may be recovered in any action brought under this
  829  part by the department, or the department may terminate any
  830  investigation or action upon agreement by the person to pay a
  831  stipulated civil penalty. The department or the court may waive
  832  any civil penalty if the person has previously made full
  833  restitution or reimbursement or has paid actual damages to the
  834  consumers who have been injured by the violation.
  835         (b) The department may, as an alternative to the civil
  836  penalties provided in paragraph (a), impose an administrative
  837  fine not to exceed $1,000 for each act or omission that
  838  constitutes a violation of this section. An administrative
  839  proceeding that could result in the entry of an order imposing
  840  an administrative penalty must be conducted in accordance with
  841  chapter 120.
  842         (10) The commission shall by rule ensure that
  843  Telecommunications companies shall inform their customers of the
  844  provisions of this section. The notification may be made by:
  845         (a) Annual inserts in the billing statements mailed to
  846  customers; and
  847         (b) Conspicuous publication of the notice in the consumer
  848  information pages of the local telephone directories.
  849         Section 21. Paragraphs (a) and (l) of subsection (2) of
  850  section 501.605, Florida Statutes, are amended to read:
  851         501.605 Licensure of commercial telephone sellers.—
  852         (2) An applicant for a license as a commercial telephone
  853  seller must submit to the department, in such form as it
  854  prescribes, a written application for the license. The
  855  application must set forth the following information:
  856         (a) The true name, date of birth, driver driver’s license
  857  number or other valid form of identification, social security
  858  number, and home address of the applicant, including each name
  859  under which he or she intends to do business.
  860         (l) The true name, current home address, date of birth,
  861  social security number, and all other names by which known, or
  862  previously known, of each:
  863         1. Principal officer, director, trustee, shareholder,
  864  owner, or partner of the applicant, and of each other person
  865  responsible for the management of the business of the applicant.
  866         2. Office manager or other person principally responsible
  867  for a location from which the applicant will do business.
  868         3. Salesperson or other person to be employed by the
  869  applicant.
  870  
  871  The application shall be accompanied by a copy of any: Script,
  872  outline, or presentation the applicant will require or suggest a
  873  salesperson to use when soliciting, or, if no such document is
  874  used, a statement to that effect; sales information or
  875  literature to be provided by the applicant to a salesperson; and
  876  sales information or literature to be provided by the applicant
  877  to a purchaser in connection with any solicitation.
  878         Section 22. Paragraph (a) of subsection (1) of section
  879  501.607, Florida Statutes, is amended to read:
  880         501.607 Licensure of salespersons.—
  881         (1) An applicant for a license as a salesperson must submit
  882  to the department, in such form as it prescribes, a written
  883  application for a license. The application must set forth the
  884  following information:
  885         (a) The true name, date of birth, driver driver’s license
  886  number or other valid form of identification, social security
  887  number, and home address of the applicant.
  888         Section 23. Section 501.911, Florida Statutes, is amended
  889  to read:
  890         501.911 Administration of act.—Sections 501.91-501.923
  891  shall be administered by the Division of Standards of the
  892  Department of Agriculture and Consumer Services.
  893         Section 24. Subsections (1) and (2) of section 501.913,
  894  Florida Statutes, are amended to read:
  895         501.913 Registration.—
  896         (1) Each brand of antifreeze to be distributed in this
  897  state shall be registered with the department before prior to
  898  distribution. The person whose name appears on the label, the
  899  manufacturer, or the packager shall make application to the
  900  department on forms provided by the department no later than
  901  July 1 of each year. The registrant assumes, by application to
  902  register the brand, full responsibility for the registration,
  903  quality, and quantity of the product sold, offered, or exposed
  904  for sale in this state. If a registered brand is not in
  905  production for distribution in this state and to ensure any
  906  remaining product that is still available for sale in the state
  907  is properly registered, the registrant must submit a notarized
  908  affidavit on company letterhead to the department certifying
  909  that:
  910         (a) The stated brand is no longer in production;
  911         (b) The stated brand will not be distributed in this state;
  912  and
  913         (c) All existing product of the stated brand will be
  914  removed by the registrant from the state within 30 days after
  915  expiration of the registration or the registrant will reregister
  916  the brand for two subsequent registration periods.
  917  
  918  If production resumes, the brand must be reregistered before it
  919  is distributed in this state.
  920         (2) The completed application shall be accompanied by:
  921         (a) Specimens or facsimiles of the label for each brand of
  922  antifreeze;
  923         (b) An application fee of $200 for each brand; and
  924         (c) A properly labeled sample of between 1 and 2 gallons
  925  for each brand of antifreeze.
  926         Section 25. Subsection (3) of section 507.04, Florida
  927  Statutes, is amended to read:
  928         507.04 Required insurance coverages; liability limitations;
  929  valuation coverage.—
  930         (3) INSURANCE COVERAGES.—The insurance coverages required
  931  under paragraph (1)(a) and subsection (2) must be issued by an
  932  insurance company or carrier licensed to transact business in
  933  this state under the Florida Insurance Code as designated in s.
  934  624.01. The department shall require a mover to present a
  935  certificate of insurance of the required coverages before
  936  issuance or renewal of a registration certificate under s.
  937  507.03. The department shall be named as a certificateholder in
  938  the certificate and must be notified at least 10 30 days before
  939  cancellation of any changes in insurance coverage.
  940         Section 26. Subsection (7) of section 525.07, Florida
  941  Statutes, is amended to read:
  942         525.07 Powers and duties of department; inspections;
  943  unlawful acts.—
  944         (7) It is unlawful for any person to break, cut, or remove
  945  any seal applied by the department to a petroleum fuel measuring
  946  device or container. If When it becomes necessary to repair and
  947  adjust a petroleum fuel measuring device during the absence of
  948  an inspector of the department, the seal on the meter adjustment
  949  may be broken by a person who is registered with the department
  950  as a meter mechanic. After repairs and adjustments have been
  951  made, the adjusting mechanism must immediately be resealed by
  952  the registered meter mechanic with a seal clasp bearing at least
  953  the name of the company or the name or initials of the
  954  registered mechanic. The registered mechanic shall immediately
  955  notify the department of this action.
  956         Section 27. Subsection (5) of section 526.143, Florida
  957  Statutes, is amended to read:
  958         526.143 Alternate generated power capacity for motor fuel
  959  dispensing facilities.—
  960         (5)(a) Each corporation or other entity that owns 10 or
  961  more motor fuel retail outlets located within a single county
  962  shall maintain at least one portable generator that is capable
  963  of providing an alternate generated power source as required
  964  under subsection (2) for every 10 outlets. If an entity owns
  965  more than 10 outlets or a multiple of 10 outlets plus an
  966  additional 6 outlets, the entity must provide one additional
  967  generator to accommodate such additional outlets. Each portable
  968  generator must be stored within this state, or may be stored in
  969  another state if located within 250 miles of this state, and
  970  must be available for use in an affected location within 24
  971  hours after a disaster.
  972         (b) Each corporation or other entity that owns 10 or more
  973  motor fuel retail outlets located within a single domestic
  974  security region, as determined pursuant to s. 943.0312(1), and
  975  that does not own additional outlets located outside the
  976  domestic security region shall maintain a written document of
  977  agreement with one or more similarly equipped entities for the
  978  use of portable generators that may be used to meet the
  979  requirements of paragraph (a) and that are located within this
  980  state but outside the affected domestic security region. The
  981  agreement may be reciprocal, may allow for payment for services
  982  rendered by the providing entity, and must guarantee the
  983  availability of the portable generators to an affected location
  984  within 24 hours after a disaster.
  985         (c) Upon written request, the department may temporarily
  986  waive the requirements in paragraphs (a) and (b) if the
  987  generators are used in preparation for or response to an
  988  emergency or major disaster in another state. The waiver shall
  989  be in writing and include a beginning and ending date. The
  990  waiver may provide additional conditions as deemed necessary by
  991  the department. The waiver may be modified or terminated by the
  992  department if the Governor declares an emergency.
  993         (d)(c) For purposes of this section, ownership of a motor
  994  fuel retail outlet is shall be the owner of record of the fuel
  995  storage systems operating at the location, as identified in the
  996  Department of Environmental Protection underground storage
  997  facilities registry pursuant to s. 376.303(1).
  998         Section 28. Subsections (8) and (9) are added to section
  999  526.50, Florida Statutes, to read:
 1000         526.50 Definition of terms.—As used in this part:
 1001         (8) “Brand” means the product name appearing on the label
 1002  of a container of brake fluid.
 1003         (9) “Formula” means the name of the chemical mixture or
 1004  composition of the brake fluid product.
 1005         Section 29. Subsections (1) and (3) of section 526.51,
 1006  Florida Statutes, are amended to read:
 1007         526.51 Registration; renewal and fees; departmental
 1008  expenses; cancellation or refusal to issue or renew.—
 1009         (1)(a) Application for registration of each brand of brake
 1010  fluid shall be made on forms to be supplied by the department.
 1011  The applicant shall give his or her name and address and the
 1012  brand name of the brake fluid, state that he or she owns the
 1013  brand name and has complete control over the product sold
 1014  thereunder in this state Florida, and provide the name and
 1015  address of the resident agent in this state Florida. If the
 1016  applicant does not own the brand name but wishes to register the
 1017  product with the department, a notarized affidavit that gives
 1018  the applicant full authorization to register the brand name and
 1019  that is signed by the owner of the brand name must accompany the
 1020  application for registration. The affidavit must include all
 1021  affected brand names, the owner’s company or corporate name and
 1022  address, the applicant’s company or corporate name and address,
 1023  and a statement from the owner authorizing the applicant to
 1024  register the product with the department. The owner of the brand
 1025  name shall maintain complete control over each product sold
 1026  under that brand name in this state. All first-time new product
 1027  applications for a brand and formula combination must be
 1028  accompanied by a certified report from an independent testing
 1029  laboratory, setting forth the analysis of the brake fluid which
 1030  shows shall show its quality to be not less than the
 1031  specifications established by the department for brake fluids. A
 1032  sample of not less than 24 fluid ounces of brake fluid shall be
 1033  submitted, in a container or containers, with labels
 1034  representing exactly how the containers of brake fluid will be
 1035  labeled when sold, and the sample and container shall be
 1036  analyzed and inspected by the department Division of Standards
 1037  in order that compliance with the department’s specifications
 1038  and labeling requirements may be verified. Upon approval of the
 1039  application, the department shall register the brand name of the
 1040  brake fluid and issue to the applicant a permit authorizing the
 1041  registrant to sell the brake fluid in this state during the
 1042  permit year specified in the permit.
 1043         (b) Each applicant shall pay a fee of $100 with each
 1044  application. A permit may be renewed by application to the
 1045  department, accompanied by a renewal fee of $50 on or before the
 1046  last day of the permit year immediately preceding the permit
 1047  year for which application is made for renewal of registration.
 1048  To reregister a previously registered brand and formula
 1049  combination, an applicant must submit a completed application
 1050  and all materials as required in this section to the department
 1051  before the first day of the permit year. A brand and formula
 1052  combination for which a completed application and all materials
 1053  required in this section are not received before the first day
 1054  of the permit year may not be registered with the department
 1055  until a completed application and all materials required in this
 1056  section have been received and approved. If the brand and
 1057  formula combination was previously registered with the
 1058  department and a fee, application, or materials required in this
 1059  section are received after the first day of the permit year, To
 1060  any fee not paid when due, there shall accrue a penalty of $25
 1061  accrues, which shall be added to the renewal fee. Renewals shall
 1062  will be accepted only on brake fluids that have no change in
 1063  formula, composition, or brand name. Any change in formula,
 1064  composition, or brand name of any brake fluid constitutes a new
 1065  product that must be registered in accordance with this part.
 1066         (c) In order to ensure that any remaining product still
 1067  available for sale in this state is properly registered, if a
 1068  registered brand and formula combination is no longer in
 1069  production for distribution in this state, the registrant must
 1070  submit a notarized affidavit on company letterhead to the
 1071  department certifying that:
 1072         1. The stated brand and formula combination is no longer in
 1073  production;
 1074         2. The stated brand and formula combination will not be
 1075  distributed in this state; and
 1076         3. All existing product of the stated brand and formula
 1077  combination will be removed by the registrant from the state
 1078  within 30 days after the expiration of the registration or that
 1079  the registrant will reregister the brand and formula combination
 1080  for two subsequent registration periods.
 1081  
 1082  If production resumes, the brand and formula combination must be
 1083  reregistered before it is again distributed in this state.
 1084         (3) The department may cancel or, refuse to issue or refuse
 1085  to renew any registration and permit after due notice and
 1086  opportunity to be heard if it finds that the brake fluid is
 1087  adulterated or misbranded or that the registrant has failed to
 1088  comply with the provisions of this part or the rules adopted
 1089  pursuant to this section and regulations promulgated thereunder.
 1090         Section 30. Paragraph (a) of subsection (3) of section
 1091  526.52, Florida Statutes, is amended to read:
 1092         526.52 Specifications; adulteration and misbranding.—
 1093         (3) Brake fluid is deemed to be misbranded:
 1094         (a) If its container does not bear on its side or top a
 1095  label on which is printed the name and place of business of the
 1096  registrant of the product, the words “brake fluid,” and a
 1097  statement that the product therein equals or exceeds the minimum
 1098  specification of the Society of Automotive Engineers for brake
 1099  fluid, heavy-duty-type, the United States Department of
 1100  Transportation Motor Vehicle Safety Standard No. 116, or other
 1101  specified standard identified in department rule. By regulation
 1102  The department may require by rule that the duty-type
 1103  classification appear on the label.
 1104         Section 31. Subsections (1) and (2) of section 526.53,
 1105  Florida Statutes, are amended to read:
 1106         526.53 Enforcement; inspection and analysis, stop-sale and
 1107  disposition, regulations.—
 1108         (1) The department shall enforce the provisions of this
 1109  part through the department Division of Standards, and may
 1110  sample, inspect, analyze, and test any brake fluid manufactured,
 1111  packed, or sold within this state. The department shall have
 1112  free access during business hours to all premises, buildings,
 1113  vehicles, cars, or vessels used in the manufacture, packing,
 1114  storage, sale, or transportation of brake fluid, and may open
 1115  any box, carton, parcel, or container of brake fluid and take
 1116  samples for inspection and analysis or for evidence.
 1117         (2)(a) If When any brake fluid is sold in violation of any
 1118  of the provisions of this part, all such brake fluid of the same
 1119  brand name on the same premises on which the violation occurred
 1120  shall be placed under a stop-sale order by the department by
 1121  serving the owner of the brand name, the distributor, or other
 1122  entity responsible for selling or distributing the product in
 1123  this state with the stop-sale order. The department shall
 1124  withdraw its stop-sale order upon the removal of the violation
 1125  or upon voluntary destruction of the product, or other disposal
 1126  approved by the department, under the supervision of the
 1127  department.
 1128         (b) In addition to being subject to the stop-sale
 1129  procedures above, unregistered brake fluid shall be held by the
 1130  department or its representative, at a place to be designated in
 1131  the stop-sale order, until properly registered and released in
 1132  writing by the department or its representative. If application
 1133  has not been made for registration of such product within 30
 1134  days after issue of the stop-sale order, the department or, with
 1135  the consent of the department, the representative may give the
 1136  product that meets legal specifications such product shall be
 1137  disposed of by the department to any tax-supported institution
 1138  or agency of the state. If application has not been made for
 1139  registration of the product within 30 days after issuance of the
 1140  stop-order sale and the product fails to meet legal
 1141  specifications, the product may be disposed of as if the brake
 1142  fluid meets legal specifications or by other disposal authorized
 1143  by rule of the department if it fails to meet legal
 1144  specifications.
 1145         Section 32. Section 526.55, Florida Statutes, is amended to
 1146  read:
 1147         526.55 Violation and penalties.—
 1148         (1) It is unlawful:
 1149         (a)(1) To sell any brake fluid that is adulterated or
 1150  misbranded, not registered or on which a permit has not been
 1151  issued.
 1152         (b)(2) For anyone to remove any stop-sale order placed on a
 1153  product by the department, or any product upon which a stop-sale
 1154  order has been placed.
 1155         (2) If the department finds that a person has violated or
 1156  is operating in violation of ss. 526.50526.56 or the rules or
 1157  orders adopted thereunder, the department may, by order:
 1158         (a) Issue a notice of noncompliance pursuant to s. 120.695;
 1159         (b) Impose an administrative fine not to exceed $5,000 for
 1160  each violation;
 1161         (c) Direct that the person cease and desist specified
 1162  activities;
 1163         (d) Revoke or suspend a registration, or refuse to register
 1164  a product; or
 1165         (e) Place the registrant on probation for a period of time,
 1166  subject to conditions as the department may specify.
 1167         (3) The administrative proceedings seeking entry of an
 1168  order imposing any of the penalties specified in subsection (2)
 1169  are governed by chapter 120.
 1170         (4) If a registrant is found to be in violation of ss.
 1171  526.50-526.56 and fails to pay a fine within 30 days after
 1172  imposition of the fine, the department may suspend all
 1173  registrations issued to the registrant by the department until
 1174  the fine is paid.
 1175         (5) All fines collected by the department under this
 1176  section shall be deposited into the General Inspection Trust
 1177  Fund.
 1178         (3) Any person who violates any of the provisions of this
 1179  part or any rule or regulation promulgated thereunder shall, for
 1180  the first offense, be guilty of a misdemeanor of the second
 1181  degree, punishable as provided in s. 775.082 or s. 775.083, and,
 1182  for a second or subsequent offense, shall be guilty of a
 1183  misdemeanor of the first degree, punishable as provided in s.
 1184  775.082 or s. 775.083.
 1185         Section 33. Paragraph (b) of subsection (3) of section
 1186  539.001, Florida Statutes, is amended to read:
 1187         539.001 The Florida Pawnbroking Act.—
 1188         (3) LICENSE REQUIRED.—
 1189         (b) A licensee who seeks to move a pawnshop to another
 1190  location must give written notice 30 days’ prior written notice
 1191  to the agency at least 30 days before the move by certified or
 1192  registered mail, return receipt requested, and the agency must
 1193  then amend the license to indicate the new location. The
 1194  licensee must also give such written notice to the appropriate
 1195  law enforcement official.
 1196         Section 34. Subsection (1) of section 559.805, Florida
 1197  Statutes, is amended to read:
 1198         559.805 Filings with the department; disclosure of
 1199  advertisement identification number.—
 1200         (1) Every seller of a business opportunity shall annually
 1201  file with the department a copy of the disclosure statement
 1202  required by s. 559.803 before prior to placing an advertisement
 1203  or making any other representation designed to offer to, sell
 1204  to, or solicit an offer to buy a business opportunity from a
 1205  prospective purchaser in this state and shall update this filing
 1206  by reporting any material change in the required information
 1207  within 30 days after the material change occurs. An
 1208  advertisement is not placed in the state merely because the
 1209  publisher circulates, or there is circulated on his or her
 1210  behalf in the state, any bona fide newspaper or other
 1211  publication of general, regular, and paid circulation which has
 1212  had more than two-thirds of its circulation during the past 12
 1213  months outside the state or because a radio or television
 1214  program originating outside the state is received in the state.
 1215  If the seller is required by s. 559.807 to provide a bond or
 1216  establish a trust account or guaranteed letter of credit, he or
 1217  she shall contemporaneously file with the department a copy of
 1218  the bond, a copy of the formal notification by the depository
 1219  that the trust account is established, or a copy of the
 1220  guaranteed letter of credit. Every seller of a business
 1221  opportunity shall file with the department a list of independent
 1222  agents who will engage in the offer or sale of business
 1223  opportunities on behalf of the seller in this state. This list
 1224  must be kept current and shall include the following
 1225  information: name, home and business address, telephone number,
 1226  present employer, social security number, and birth date. A No
 1227  person may not shall be allowed to offer or sell business
 1228  opportunities unless the required information has been provided
 1229  to the department.
 1230         Section 35. Subsection (7) of section 559.904, Florida
 1231  Statutes, is amended to read:
 1232         559.904 Motor vehicle repair shop registration;
 1233  application; exemption.—
 1234         (7) Any person applying for or renewing a local business
 1235  tax receipt occupational license on or after October 1, 1993, to
 1236  engage in business as a motor vehicle repair shop must exhibit
 1237  an active registration certificate from the department before
 1238  the local business tax receipt occupational license may be
 1239  issued or renewed.
 1240         Section 36. Section 559.922, Florida Statutes, is repealed.
 1241         Section 37. Subsections (1), (3), and (4) of section
 1242  559.928, Florida Statutes, are amended to read:
 1243         559.928 Registration.—
 1244         (1) Each seller of travel shall annually register with the
 1245  department, providing: its legal business or trade name, mailing
 1246  address, and business locations; the full names, addresses, and
 1247  telephone numbers of its owners or corporate officers and
 1248  directors and the Florida agent of the corporation; a statement
 1249  whether it is a domestic or foreign corporation, its state and
 1250  date of incorporation, its charter number, and, if a foreign
 1251  corporation, the date it registered with this state the State of
 1252  Florida, and business tax receipt occupational license where
 1253  applicable; the date on which a seller of travel registered its
 1254  fictitious name if the seller of travel is operating under a
 1255  fictitious or trade name; the name of all other corporations,
 1256  business entities, and trade names through which each owner of
 1257  the seller of travel operated, was known, or did business as a
 1258  seller of travel within the preceding 5 years; a list of all
 1259  authorized independent agents, including the agent’s trade name,
 1260  full name, mailing address, business address, and telephone
 1261  numbers; the business location and address of each branch office
 1262  and full name and address of the manager or supervisor; the
 1263  certification required under s. 559.9285; and proof of purchase
 1264  of adequate bond as required in this part. A certificate
 1265  evidencing proof of registration shall be issued by the
 1266  department and must be prominently displayed in the seller of
 1267  travel’s primary place of business.
 1268         (3) Each independent agent shall annually file an affidavit
 1269  with the department prior to engaging in business in this state.
 1270  This affidavit must include the independent agent’s full name,
 1271  legal business or trade name, mailing address, business address,
 1272  telephone number, social security number, and the name or names
 1273  and address addresses of each seller of travel represented by
 1274  the independent agent. A letter evidencing proof of filing must
 1275  be issued by the department and must be prominently displayed in
 1276  the independent agent’s primary place of business. Each
 1277  independent agent must also submit an annual registration fee of
 1278  $50. All moneys collected pursuant to the imposition of the fee
 1279  shall be deposited by the Chief Financial Officer into the
 1280  General Inspection Trust Fund of the Department of Agriculture
 1281  and Consumer Services for the sole purpose of administrating
 1282  this part. As used in this subsection, the term “independent
 1283  agent” means a person who represents a seller of travel by
 1284  soliciting persons on its behalf; who has a written contract
 1285  with a seller of travel which is operating in compliance with
 1286  this part and any rules adopted thereunder; who does not receive
 1287  a fee, commission, or other valuable consideration directly from
 1288  the purchaser for the seller of travel; who does not at any time
 1289  have any unissued ticket stock or travel documents in his or her
 1290  possession; and who does not have the ability to issue tickets,
 1291  vacation certificates, or any other travel document. The term
 1292  “independent agent” does not include an affiliate of the seller
 1293  of travel, as that term is used in s. 559.935(3), or the
 1294  employees of the seller of travel or of such affiliates.
 1295         (4) Any person applying for or renewing a local business
 1296  tax receipt occupational license to engage in business as a
 1297  seller of travel must exhibit a current registration certificate
 1298  from the department before the local business tax receipt
 1299  occupational license may be issued or reissued.
 1300         Section 38. Paragraph (c) of subsection (3) of section
 1301  559.9285, Florida Statutes, is amended to read:
 1302         559.9285 Certification of business activities.—
 1303         (3) The department shall specify by rule the form of each
 1304  certification under this section which shall include the
 1305  following information:
 1306         (c) The legal name, any trade names or fictitious names,
 1307  mailing address, physical address, telephone number or numbers,
 1308  facsimile number or numbers, and all Internet and electronic
 1309  contact information of every other commercial entity with which
 1310  the certifying party engages in business or commerce that is
 1311  related in any way to the certifying party’s business or
 1312  commerce with any terrorist state. The information disclosed
 1313  pursuant to this paragraph does not constitute customer lists,
 1314  customer names, or trade secrets protected under s. 570.544(8)
 1315  570.544(7).
 1316         Section 39. Subsection (6) of section 559.935, Florida
 1317  Statutes, is amended to read:
 1318         559.935 Exemptions.—
 1319         (6) The department shall request from the Airlines
 1320  Reporting Corporation any information necessary to implement the
 1321  provisions of subsection (2). Persons claiming an exemption
 1322  under subsection (2) or subsection (3) must show a letter of
 1323  exemption from the department before a local business tax
 1324  receipt occupational license to engage in business as a seller
 1325  of travel may be issued or reissued. If the department fails to
 1326  issue a letter of exemption on a timely basis, the seller of
 1327  travel shall submit to the department, through certified mail,
 1328  an affidavit containing her or his name and address and an
 1329  explanation of the exemption sought. Such affidavit may be used
 1330  in lieu of a letter of exemption for the purpose of obtaining a
 1331  business tax receipt an occupational license. In any civil or
 1332  criminal proceeding, the burden of proving an exemption under
 1333  this section is shall be on the person claiming such exemption.
 1334  A letter of exemption issued by the department may shall not be
 1335  used in, and has shall have no bearing on, such proceedings.
 1336         Section 40. Subsection (12) of section 570.29, Florida
 1337  Statutes, is amended to read:
 1338         570.29 Departmental divisions.—The department shall include
 1339  the following divisions:
 1340         (12) Standards.
 1341         Section 41. Sections 570.46 and 570.47, Florida Statutes,
 1342  are repealed.
 1343         Section 42. Section 570.544, Florida Statutes, is amended
 1344  to read:
 1345         570.544 Division of Consumer Services; director; powers;
 1346  processing of complaints; records.—
 1347         (1) The director of the Division of Consumer Services shall
 1348  be appointed by and serve at the pleasure of the commissioner.
 1349         (2) The director shall supervise, direct, and coordinate
 1350  the activities of the division and shall, under the direction of
 1351  the department, enforce the provisions of chapters 472, 496,
 1352  501, 507, 525, 526, 527, 531, 539, 559, 616, and 849.
 1353         (3)(2) The Division of Consumer Services may:
 1354         (a) Conduct studies and make analyses of matters affecting
 1355  the interests of consumers.
 1356         (b) Study the operation of laws for consumer protection.
 1357         (c) Advise and make recommendations to the various state
 1358  agencies concerned with matters affecting consumers.
 1359         (d) Assist, advise, and cooperate with local, state, or
 1360  federal agencies and officials in order to promote the interests
 1361  of consumers.
 1362         (e) Make use of the testing and laboratory facilities of
 1363  the department for the detection of consumer fraud.
 1364         (f) Report to the appropriate law enforcement officers any
 1365  information concerning violation of consumer protection laws.
 1366         (g) Assist, develop, and conduct programs of consumer
 1367  education and consumer information through publications and
 1368  other informational and educational material prepared for
 1369  dissemination to the public, in order to increase the competence
 1370  of consumers.
 1371         (h) Organize and hold conferences on problems affecting
 1372  consumers.
 1373         (i) Recommend programs to encourage business and industry
 1374  to maintain high standards of honesty, fair business practices,
 1375  and public responsibility in the production, promotion, and sale
 1376  of consumer goods and services.
 1377         (4)(3) In addition to the powers, duties, and
 1378  responsibilities authorized by this or any other chapter, the
 1379  Division of Consumer Services shall serve as a clearinghouse for
 1380  matters relating to consumer protection, consumer information,
 1381  and consumer services generally. It shall receive complaints and
 1382  grievances from consumers and promptly transmit them to the that
 1383  agency most directly concerned in order that the complaint or
 1384  grievance may be expeditiously handled in the best interests of
 1385  the complaining consumer. If no agency exists, the Division of
 1386  Consumer Services shall seek a settlement of the complaint using
 1387  formal or informal methods of mediation and conciliation and may
 1388  seek any other resolution of the matter in accordance with its
 1389  jurisdiction.
 1390         (5)(4) If any complaint received by the Division of
 1391  Consumer Services concerns matters that which involve concurrent
 1392  jurisdiction in more than one agency, duplicate copies of the
 1393  complaint shall be referred to those offices deemed to have
 1394  concurrent jurisdiction.
 1395         (6)(5)(a) Any agency, office, bureau, division, or board of
 1396  state government receiving a complaint that which deals with
 1397  consumer fraud or consumer protection and that which is not
 1398  within the jurisdiction of the receiving agency, office, bureau,
 1399  division, or board originally receiving it, shall immediately
 1400  refer the complaint to the Division of Consumer Services.
 1401         (b) Upon receipt of such a complaint, the Division of
 1402  Consumer Services shall make a determination of the proper
 1403  jurisdiction to which the complaint relates and shall
 1404  immediately refer the complaint to the agency, office, bureau,
 1405  division, or board that which does have the proper regulatory or
 1406  enforcement authority to deal with it.
 1407         (7)(6) The office or agency to which a complaint has been
 1408  referred shall within 30 days acknowledge receipt of the
 1409  complaint. If an office or agency receiving a complaint
 1410  determines that the matter presents a prima facie case for
 1411  criminal prosecution or if the complaint cannot be settled at
 1412  the administrative level, the complaint together with all
 1413  supporting evidence shall be transmitted to the Department of
 1414  Legal Affairs or other appropriate enforcement agency with a
 1415  recommendation for civil or criminal action warranted by the
 1416  evidence.
 1417         (8)(7) The records of the Division of Consumer Services are
 1418  public records. However, customer lists, customer names, and
 1419  trade secrets are confidential and exempt from the provisions of
 1420  s. 119.07(1). Disclosure necessary to enforcement procedures
 1421  does shall not violate be construed as violative of this
 1422  prohibition.
 1423         (9)(8)It shall be the duty of The Division of Consumer
 1424  Services shall to maintain records and compile summaries and
 1425  analyses of consumer complaints and their eventual disposition,
 1426  which data may serve as a basis for recommendations to the
 1427  Legislature and to state regulatory agencies.
 1428         Section 43. Paragraph (a) of subsection (8) of section
 1429  616.242, Florida Statutes, is amended to read:
 1430         616.242 Safety standards for amusement rides.—
 1431         (8) FEES.—
 1432         (a) The department shall by rule establish fees to cover
 1433  the costs and expenditures associated with the fair rides
 1434  inspection program Bureau of Fair Rides Inspection, including
 1435  all direct and indirect costs. If there is not sufficient
 1436  general revenue appropriated by the Legislature, the industry
 1437  shall pay for the remaining cost of the program. The fees must
 1438  be deposited in the General Inspection Trust Fund.
 1439         Section 44. This act shall take effect July 1, 2012.