Florida Senate - 2013                             CS for SB 1040
       
       
       
       By the Committee on Commerce and Tourism; and Senator Stargel
       
       
       
       
       577-02208-13                                          20131040c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; transferring, redesignating, and
    4         amending s. 525.09(1), F.S.; transferring the
    5         collection of the motor fuel inspection fee from the
    6         Department of Agriculture and Consumer Services to the
    7         Department of Revenue; amending s. 206.45, F.S.;
    8         providing for the collection and distribution of the
    9         inspection fee on motor fuel; amending s. 493.6101,
   10         F.S.; revising the definition of the term
   11         “repossession”; amending s. 493.6113, F.S.; requiring
   12         licensees to submit proof of recertification training
   13         to the Department of Agriculture and Consumer
   14         Services; providing that failure to submit proof of
   15         firearm recertification training will result in
   16         license suspension and nonrenewal; amending s.
   17         493.6116, F.S.; removing a provision that prohibits
   18         firearm licensees from sponsoring certain interns;
   19         requiring interns to conduct regulated duties within
   20         the state; amending s. 493.6118, F.S.; providing
   21         additional grounds for disciplinary action against
   22         firearm licensees; providing criminal penalties for
   23         providing fraudulent training certifications;
   24         conforming a cross-reference; amending s. 493.6120,
   25         F.S.; providing an exception to a penalty provision;
   26         amending s. 493.6121, F.S.; conforming a cross
   27         reference; amending s. 496.405, F.S.; revising
   28         procedures and requirements with respect to the
   29         submission and processing of registration statements
   30         and renewal statements by charitable organizations and
   31         sponsors; amending s. 496.406, F.S.; providing
   32         exemption from registration requirements for certain
   33         charitable organizations and sponsors; requiring
   34         exempt charitable organizations and sponsors that
   35         solicit donations to provide information to the
   36         department; providing that the burden of proving an
   37         exemption is on the entity claiming the exemption;
   38         limiting applicability of the registration exemption;
   39         amending s. 496.407, F.S.; providing that a charitable
   40         organization or sponsor may submit certain IRS forms
   41         and schedules in lieu of a financial report; amending
   42         s. 496.409, F.S.; revising procedures and requirements
   43         with respect to the submission and processing of
   44         registration statements and renewal statements by
   45         professional fundraising consultants; amending s.
   46         496.410, F.S.; revising procedures and requirements
   47         with respect to the submission and processing of
   48         registration statements, renewal statements, and
   49         reports by professional solicitors; amending s.
   50         496.411, F.S.; deleting provisions that require
   51         registered charitable entities, sponsors, or
   52         solicitors to display the percentage retained from
   53         contributions; amending s. 496.415, F.S.; providing
   54         that it is unlawful to knowingly provide a misleading
   55         or inaccurate document relating to a solicitation or
   56         charitable promotion; providing criminal penalties;
   57         amending s. 496.419, F.S.; providing that certain
   58         violations constitute an immediate public threat and
   59         are grounds for suspending solicitation activities;
   60         requiring that the department report only
   61         substantiated criminal violations to a prosecuting
   62         authority; conforming cross-references; amending s.
   63         501.016, F.S.; reducing the required security amount
   64         for health studios; amending s. 501.059, F.S.;
   65         prohibiting a person from making certain outbound
   66         telephonic sales calls; amending s. 501.603, F.S.;
   67         revising the definitions of the terms “commercial
   68         telephone solicitation” and “commercial telephone
   69         seller”; amending s. 501.604, F.S.; specifying that
   70         exemptions apply to telecommunications businesses and
   71         businesses that have operated lawfully; making
   72         technical and conforming changes; amending s. 501.607,
   73         F.S.; deleting the provision requiring commercial
   74         telephone salespersons to provide employment history
   75         to the department; amending s. 501.608, F.S.;
   76         requiring that commercial telephone sellers provide
   77         the department with certain documents to aid in
   78         determining eligibility for exemptions; requiring each
   79         commercial telephone seller operating under an
   80         exemption to display or make certain documents
   81         available for inspection; providing that failure to
   82         obtain or display certain documents is grounds for
   83         action against the commercial telephone seller;
   84         amending s. 501.611, F.S.; requiring a commercial
   85         telephone seller to maintain an active security bond
   86         throughout the period of licensure; amending s.
   87         501.615, F.S.; revising the criteria for certain
   88         exempt telephonic sales; requiring a commercial
   89         telephone seller engaged in activities regulated by
   90         ch. 721 to comply with certain disclosure obligations;
   91         amending s. 501.617, F.S.; authorizing the department
   92         to conduct regulatory inspections of commercial
   93         telephone sellers; amending s. 507.03, F.S.; requiring
   94         moving brokers to provide the department with contact
   95         information for movers with whom they have contracted
   96         for services or are affiliated; amending s. 507.04,
   97         F.S.; eliminating the requirement that a moving broker
   98         obtain a bond; amending s. 507.07, F.S.; prohibiting
   99         movers and moving brokers from entering into certain
  100         service contracts with certain unregistered persons;
  101         amending s. 525.01, F.S.; revising the definition of
  102         the term “alternative fuels” for purposes of
  103         inspection requirements; repealing s. 525.09(2)-(4),
  104         F.S., relating to the payment and applicability of an
  105         inspection fee for testing and analyzing petroleum
  106         fuels; amending s. 525.10, F.S.; eliminating the
  107         requirement that collected fees be paid into the
  108         treasury and distributed into a specified trust fund;
  109         conforming provisions; amending s. 527.01, F.S.;
  110         providing a definition for the term “license year” as
  111         it relates to the sale of petroleum gas; amending s.
  112         527.0201, F.S.; revising examination requirements for
  113         applicants seeking certain licenses; revising
  114         continuing education requirements for specified
  115         qualifiers; amending s. 527.03, F.S.; revising the
  116         renewal procedure for certain licenses; amending s.
  117         531.415, F.S.; conforming a cross-reference; amending
  118         s. 531.61, F.S.; exempting certain commercial weights
  119         and measures devices from permit requirements;
  120         conforming a cross-reference; amending chapter 2009
  121         66, Laws of Florida; extending the expiration date of
  122         certain statutes related to commercial weights and
  123         measures; amending s. 539.001, F.S.; revising
  124         fingerprinting requirements for a pawnbroker license
  125         application; amending s. 559.802, F.S.; requiring
  126         franchisors to provide notice of the franchise sale on
  127         a department promulgated form; amending s. 559.803,
  128         F.S.; deleting provisions allowing and requiring
  129         sellers of business opportunities to file federal
  130         disclosure statements with the department; repealing
  131         s. 559.805, F.S., relating to mandatory filings and
  132         disclosure of advertisement identification numbers by
  133         sellers of business opportunities; repealing s.
  134         559.807(2), F.S., relating to bonds or securities for
  135         business opportunity sellers; amending s. 559.813,
  136         F.S.; deleting a provision authorizing the department
  137         to impose specified penalties for certain violations
  138         relating to selling business opportunities; abrogating
  139         the enforcement and rulemaking authority of the
  140         Department of Agriculture and Consumer Services;
  141         amending s. 559.815, F.S.; conforming a cross
  142         reference; amending s. 559.9221, F.S.; revising the
  143         membership of the Motor Vehicle Repair Advisory
  144         Council; amending s. 616.242, F.S.; revising amusement
  145         ride insurance coverage requirements; amending s.
  146         721.20, F.S.; requiring specified persons who sell
  147         timeshare plans to be licensed as commercial telephone
  148         sellers or salespersons under ch. 501, F.S.; providing
  149         an effective date.
  150  
  151  Be It Enacted by the Legislature of the State of Florida:
  152  
  153         Section 1. Subsection (1) of section 525.09, Florida
  154  Statutes, is transferred, redesignated as paragraph (h) of
  155  subsection (1) of section 206.41, Florida Statutes, and amended,
  156  to read:
  157         206.41 State taxes imposed on motor fuel.—
  158         (1) The following taxes are imposed on motor fuel under the
  159  circumstances described in subsection (6):
  160         (h)(1)An additional 0.125 cent per net gallon is levied on
  161  all motor fuel for sale or use in this state for the purpose of
  162  defraying the expenses incident to inspecting, testing, and
  163  analyzing motor fuel petroleum fuels in this state, there shall
  164  be paid to the department a charge of one-eighth cent per gallon
  165  on all gasoline, kerosene (except when used as aviation turbine
  166  fuel), and #1 fuel oil for sale or use in this state. This
  167  inspection fee shall be imposed in the same manner as the motor
  168  fuel tax pursuant to s. 206.41. Payment shall be made on or
  169  before the 25th day of each month.
  170         Section 2. Subsection (4) is added to section 206.45,
  171  Florida Statutes, to read:
  172         206.45 Payment of tax into State Treasury.—
  173         (4) The department shall pay all moneys collected pursuant
  174  to s. 206.41(1)(h) into the State Treasury for monthly
  175  distribution into the General Inspection Trust Fund.
  176         Section 3. Subsection (22) of section 493.6101, Florida
  177  Statutes, is amended to read:
  178         493.6101 Definitions.—
  179         (22) “Repossession” means the recovery of a motor vehicle
  180  as defined under s. 320.01(1), a mobile home as defined in s.
  181  320.01(2), a motorboat as defined under s. 327.02, an aircraft
  182  as defined in s. 330.27(1), a personal watercraft as defined in
  183  s. 327.02, an all-terrain vehicle as defined in s. 316.2074,
  184  farm equipment as defined under s. 686.402, or industrial
  185  equipment, by an individual who is authorized by the legal
  186  owner, lienholder, or lessor to recover, or to collect money
  187  payment in lieu of recovery of, such property that was which has
  188  been sold or leased under a security agreement that contains a
  189  repossession clause. As used in this subsection, the term
  190  “industrial equipment” includes, but is not limited to,
  191  tractors, road rollers, cranes, forklifts, backhoes, and
  192  bulldozers. The term “industrial equipment” also includes other
  193  vehicles that are propelled by power other than muscular power
  194  and that are used in the manufacture of goods or used in the
  195  provision of services. A repossession is complete when a
  196  licensed recovery agent is in control, custody, and possession
  197  of such repossessed property. Property that is being repossessed
  198  is considered to be in the control, custody, and possession of a
  199  licensed recovery agent if the vehicle or other equipment being
  200  repossessed has been secured in preparation for transport from
  201  the site of the recovery by means of having been attached to, or
  202  placed on, the towing or other transport vehicle, or if the
  203  vehicle or equipment being repossessed is being operated or
  204  about to be operated by a licensed recovery agent.
  205         Section 4. Paragraph (b) of subsection (3) of section
  206  493.6113, Florida Statutes, is amended to read:
  207         493.6113 Renewal application for licensure.—
  208         (3) Each licensee is responsible for renewing his or her
  209  license on or before its expiration by filing with the
  210  department an application for renewal accompanied by payment of
  211  the prescribed license fee.
  212         (b) Each Class “G” licensee shall additionally submit proof
  213  that he or she has received during each year of the license
  214  period a minimum of 4 hours of firearms recertification training
  215  taught by a Class “K” licensee and has complied with such other
  216  health and training requirements which the department may adopt
  217  by rule. Proof of completion of recertification training must be
  218  submitted to the department upon completion of that training. If
  219  the documentation of completion of recertification training is
  220  not submitted by the end of the first year of the license
  221  period, the individual’s license shall be automatically
  222  suspended until proof of such training is submitted to the
  223  department. If the documentation of completion of
  224  recertification training is not submitted by the end of the
  225  second year of the license period, the license may not be
  226  renewed unless If proof of a minimum of 4 hours of annual
  227  firearms recertification training cannot be provided, the
  228  renewal applicant completes shall complete the minimum number of
  229  hours of range and classroom training required at the time of
  230  initial licensure. The department may waive the foregoing
  231  firearms training requirement if:
  232         1. The applicant provides proof that he or she is currently
  233  certified as a law enforcement officer or correctional officer
  234  under the Criminal Justice Standards and Training Commission and
  235  has completed law enforcement firearms requalification training
  236  annually during the previous 2 years of the licensure period.
  237         2. The applicant provides proof that he or she is currently
  238  certified as a federal law enforcement officer and has received
  239  law enforcement firearms training administered by a federal law
  240  enforcement agency annually during the previous 2 years of the
  241  licensure period.
  242         3. The applicant submits a valid firearm certificate among
  243  those specified in s. 493.6105(6)(a) and provides proof of
  244  having completed requalification training during the previous 2
  245  years of the licensure period.
  246         Section 5. Subsections (2) through (4) of section 493.6116,
  247  Florida Statutes, are amended to read:
  248         493.6116 Sponsorship of interns.—
  249         (2) An internship may not commence until a licensee submits
  250  the sponsor has submitted to the department a the notice of
  251  intent to sponsor. Such notice shall be on a form provided by
  252  the department.
  253         (3) An internship is intended to serve as a period of
  254  learning process. Licensees who sponsor interns Sponsors shall
  255  provide assume a training status by providing direction to and
  256  maintain control of interns as part of this learning process.
  257  Sponsors may shall only sponsor interns whose place of business
  258  is within a 50-mile distance of the sponsor’s place of business
  259  and shall not allow interns to operate independently of such
  260  direction and control, or require interns to perform activities
  261  that which do not enhance the intern’s qualification for
  262  licensure. Interns shall perform regulated duties within the
  263  geographic boundaries of this state during the period of
  264  internship.
  265         (4) A licensee No sponsor may not sponsor more than six
  266  interns at the same time.
  267         Section 6. Present subsections (1) and (4) of section
  268  493.6118, Florida Statutes, are amended, present subsections (2)
  269  through (7) of that section are redesignated as subsections (3)
  270  through (8), respectively, and a new subsection (2) is added to
  271  that section, to read:
  272         493.6118 Grounds for disciplinary action.—
  273         (1) The following constitute grounds for which disciplinary
  274  action specified in subsection (3) (2) may be taken by the
  275  department against a any licensee, agency, or applicant
  276  regulated by this chapter, or an any unlicensed person engaged
  277  in activities regulated under this chapter.
  278         (a) Fraud or willful misrepresentation in applying for or
  279  obtaining a license.
  280         (b) Use of a any fictitious or assumed name by an agency
  281  unless the agency has department approval and qualifies under s.
  282  865.09.
  283         (c) Being found guilty of or entering a plea of guilty or
  284  nolo contendere to, regardless of adjudication, or being
  285  convicted of a crime that directly relates to the business for
  286  which the license is held or sought. A plea of nolo contendere
  287  creates shall create a rebuttable presumption of guilt to the
  288  underlying criminal charges, and the department shall allow the
  289  individual being disciplined or denied an application for a
  290  license to present any mitigating circumstances surrounding his
  291  or her plea.
  292         (d) A false statement by the licensee that an any
  293  individual is or has been in his or her employ.
  294         (e) A finding that the licensee or an any employee of the
  295  licensee is guilty of willful betrayal of a professional secret
  296  or the any unauthorized release of information acquired as a
  297  result of activities regulated under this chapter.
  298         (f) Proof that the applicant or licensee is guilty of fraud
  299  or deceit, or of negligence, incompetency, or misconduct, in the
  300  practice of the activities regulated under this chapter.
  301         (g) Conducting activities regulated under this chapter
  302  without a license or with a revoked or suspended license.
  303         (h) Failure of the licensee to maintain in full force and
  304  effect the commercial general liability insurance coverage
  305  required by s. 493.6110.
  306         (i) Impersonating, or permitting or aiding and abetting an
  307  employee to impersonate, a law enforcement officer or an
  308  employee of the state, the United States, or a any political
  309  subdivision thereof by identifying himself or herself as a
  310  federal, state, county, or municipal law enforcement officer or
  311  official representative, by wearing a uniform or presenting or
  312  displaying a badge or credentials that would cause a reasonable
  313  person to believe that he or she is a law enforcement officer or
  314  that he or she has official authority, by displaying any
  315  flashing or warning vehicular lights other than amber colored,
  316  or by committing an any act that is intended to falsely convey
  317  official status.
  318         (j) Commission of an act of violence or the use of force on
  319  a any person except in the lawful protection of one’s self or
  320  another from physical harm.
  321         (k) Knowingly violating, advising, encouraging, or
  322  assisting the violation of a any statute, court order, capias,
  323  warrant, injunction, or cease and desist order, in the course of
  324  business regulated under this chapter.
  325         (l) Soliciting business for an attorney in return for
  326  compensation.
  327         (m) Transferring or attempting to transfer a license issued
  328  pursuant to this chapter.
  329         (n) Employing or contracting with an any unlicensed or
  330  improperly licensed person or agency to conduct activities
  331  regulated under this chapter, or performing an any act that
  332  assists, aids, or abets a person or business entity in engaging
  333  in unlicensed activity, when the licensure status was known or
  334  could have been ascertained by reasonable inquiry.
  335         (o) Failure or refusal to cooperate with or refusal of
  336  access to an authorized representative of the department engaged
  337  in an official investigation pursuant to this chapter.
  338         (p) Failure of a any partner, principal corporate officer,
  339  or licensee to have his or her identification card in his or her
  340  possession while on duty.
  341         (q) Failure of a any licensee to have his or her license in
  342  his or her possession while on duty, as specified in s.
  343  493.6111(1).
  344         (r) Failure or refusal by a sponsor to certify a biannual
  345  written report on an intern or to certify completion or
  346  termination of an internship to the department within 15 working
  347  days.
  348         (s) Failure to report to the department a any person whom
  349  the licensee knows to be in violation of this chapter or the
  350  rules of the department.
  351         (t) Violating any provision of this chapter.
  352         (u) For a Class “G” licensee, failing to complete
  353  recertification training required to carry a firearm while
  354  performing regulated duties.
  355         (v) For a Class “K” licensee, failing to maintain active
  356  certification as a professional firearms trainer.
  357         (w)(u) For a Class “G” or a Class “K” applicant or
  358  licensee, being prohibited from purchasing or possessing a
  359  firearm by state or federal law.
  360         (x)(v) In addition to the grounds for disciplinary action
  361  prescribed in paragraphs (a)-(t), Class “R” recovery agencies,
  362  Class “E” recovery agents, and Class “EE” recovery agent interns
  363  are prohibited from committing the following acts:
  364         1. Recovering a motor vehicle, mobile home, motorboat,
  365  aircraft, personal watercraft, all-terrain vehicle, farm
  366  equipment, or industrial equipment that has been sold under a
  367  conditional sales agreement or under the terms of a chattel
  368  mortgage before authorization has been received from the legal
  369  owner or mortgagee.
  370         2. Charging for expenses not actually incurred in
  371  connection with the recovery, transportation, storage, or
  372  disposal of repossessed property or personal property obtained
  373  in a repossession.
  374         3. Using any repossessed property or personal property
  375  obtained in a repossession for the personal benefit of a
  376  licensee or an officer, director, partner, manager, or employee
  377  of a licensee.
  378         4. Selling property recovered under the provisions of this
  379  chapter, except with written authorization from the legal owner
  380  or the mortgagee thereof.
  381         5. Failing to notify the police or sheriff’s department of
  382  the jurisdiction in which the repossessed property is recovered
  383  within 2 hours after recovery.
  384         6. Failing to remit moneys collected in lieu of recovery of
  385  a motor vehicle, mobile home, motorboat, aircraft, personal
  386  watercraft, all-terrain vehicle, farm equipment, or industrial
  387  equipment to the client within 10 working days.
  388         7. Failing to deliver to the client a negotiable instrument
  389  that is payable to the client, within 10 working days after
  390  receipt of such instrument.
  391         8. Falsifying, altering, or failing to maintain any
  392  required inventory or records regarding disposal of personal
  393  property contained in or on repossessed property pursuant to s.
  394  493.6404(1).
  395         9. Carrying a any weapon or firearm when he or she is on
  396  private property and performing duties under his or her license
  397  whether or not he or she is licensed pursuant to s. 790.06.
  398         10. Soliciting from the legal owner the recovery of
  399  property subject to repossession after such property has been
  400  seen or located on public or private property if the amount
  401  charged or requested for such recovery is more than the amount
  402  normally charged for such a recovery.
  403         11. Wearing, presenting, or displaying a badge in the
  404  course of performing a repossession regulated by this chapter.
  405         (2)It is unlawful for a person to knowingly possess,
  406  issue, cause to be issued, sell, submit, or offer a fraudulent
  407  training certificate, proficiency form, or other official
  408  document that declares an applicant has successfully completed a
  409  course of training required for licensure under chapter 493 if
  410  that person knows or reasonably should know that the
  411  certificate, form, or document is fraudulent. A violation of
  412  this section is a felony of the third degree, punishable as
  413  provided in s. 775.082, s. 775.083, or s. 775.084.
  414         (5)(4) Notwithstanding the provisions of paragraph (1)(c)
  415  and subsection (3) (2):
  416         (a) If the applicant or licensee has been convicted of a
  417  felony, the department shall deny the application or revoke the
  418  license unless and until civil rights have been restored by the
  419  State of Florida or by a state acceptable to Florida and a
  420  period of 10 years has expired since final release from
  421  supervision.
  422         (b) A Class “G” applicant who has been convicted of a
  423  felony must shall also have had the specific right to possess,
  424  carry, or use a firearm restored by the State of Florida.
  425         (c) If the applicant or licensee has been found guilty of,
  426  entered a plea of guilty to, or entered a plea of nolo
  427  contendere to a felony and adjudication of guilt is withheld,
  428  the department shall deny the application or revoke the license
  429  until a period of 3 years has expired since final release from
  430  supervision.
  431         (d) A plea of nolo contendere creates shall create a
  432  rebuttable presumption of guilt to the underlying criminal
  433  charges, and the department shall allow the person being
  434  disciplined or denied an application for a license to present
  435  any mitigating circumstances surrounding his or her plea.
  436         (e) The grounds for discipline or denial cited in this
  437  subsection apply shall be applied to a any disqualifying
  438  criminal history regardless of the date of commission of the
  439  underlying criminal charge. Such provisions are shall be applied
  440  retroactively and prospectively.
  441         Section 7. Subsection (1) of section 493.6120, Florida
  442  Statutes, is amended to read:
  443         493.6120 Violations; penalty.—
  444         (1) Any person who violates any provision of this chapter
  445  except ss. 493.6118(2) and s. 493.6405 commits a misdemeanor of
  446  the first degree, punishable as provided in s. 775.082 or s.
  447  775.083.
  448         Section 8. Subsection (3) of section 493.6121, Florida
  449  Statutes, is amended to read:
  450         493.6121 Enforcement; investigation.—
  451         (3) The department has shall have the authority to
  452  investigate a any licensed or unlicensed person, firm, company,
  453  partnership, or corporation when such person, firm, company,
  454  partnership, or corporation is advertising as providing or is
  455  engaged in performing services that which require licensure
  456  under this chapter or when a licensee is engaged in activities
  457  that which do not comply with or are prohibited by this chapter;
  458  and the department has shall have the authority to issue an
  459  order to cease and desist the further conduct of such
  460  activities, or seek an injunction, or take other appropriate
  461  action pursuant to s. 493.6118(3)(a) 493.6118(2)(a) or (c).
  462         Section 9. Paragraph (b) of subsection (1) and subsections
  463  (2) and (7) of section 496.405, Florida Statutes, are amended to
  464  read:
  465         496.405 Registration statements by charitable organizations
  466  and sponsors.—
  467         (1)
  468         (b) Any Changes in the information submitted on the initial
  469  registration statement or the last renewal statement must be
  470  updated annually on a renewal statement provided by the
  471  department on or before the date that marks one year after the
  472  date the department approved the initial registration statement
  473  as provided in this section. The department shall annually
  474  provide a renewal statement to each registrant by mail or by
  475  electronic mail at least 30 60 days before the renewal date.
  476         (2) The initial registration statement must be submitted on
  477  a form prescribed by the department, signed under oath by an
  478  authorized official the treasurer or chief fiscal officer of the
  479  charitable organization or sponsor who shall certify that the
  480  registration statement is true and correct, and include the
  481  following information or material:
  482         (a) A copy of the financial report or Internal Revenue
  483  Service Form 990 and all attached schedules, Schedule A or
  484  Internal Revenue Service Form 990-EZ and Schedule O, required
  485  under s. 496.407 for the immediately preceding fiscal year. A
  486  newly organized charitable organization or sponsor with no
  487  financial history must file a budget for the current fiscal
  488  year.
  489         (b) The name of the charitable organization or sponsor, the
  490  purpose for which it is organized, the name under which it
  491  intends to solicit contributions, and the purpose or purposes
  492  for which the contributions to be solicited will be used.
  493         (c) The name of the individuals or officers who are in
  494  charge of any solicitation activities.
  495         (d) A statement of whether:
  496         1. The charitable organization or sponsor is authorized by
  497  another any other state to solicit contributions;
  498         2. The charitable organization or sponsor or any of its
  499  officers, directors, trustees, or principal salaried executive
  500  personnel have been enjoined in any jurisdiction from soliciting
  501  contributions or have been found to have engaged in unlawful
  502  practices in the solicitation of contributions or administration
  503  of charitable assets;
  504         3. The charitable organization or sponsor has had its
  505  registration or authority denied, suspended, or revoked by a any
  506  governmental agency, together with the reasons for such denial,
  507  suspension, or revocation; and
  508         4. The charitable organization or sponsor has voluntarily
  509  entered into an assurance of voluntary compliance in any
  510  jurisdiction or agreement similar to that set forth in s.
  511  496.420, together with a copy of the that agreement.
  512         5. The charitable organization or sponsor or any of its
  513  officers, directors, trustees, or employees, regardless of
  514  adjudication, has been convicted of, or found guilty of, or pled
  515  guilty or nolo contendere to, or has been incarcerated within
  516  the last 10 years as a result of having previously been
  517  convicted of, or found guilty of, or pled guilty or nolo
  518  contendere to:,
  519         a.A Any felony or any crime involving fraud, theft,
  520  larceny, embezzlement, fraudulent conversion, misappropriation
  521  of property, or any crime arising from the conduct of a
  522  solicitation for a charitable organization or sponsor within the
  523  last 10 years and, if so, the name of such person, the nature of
  524  the offense, the date of the offense, the court having
  525  jurisdiction in the case, the date of conviction or other
  526  disposition, and the disposition of the offense.
  527         b.A crime involving fraud, theft, larceny, embezzlement,
  528  fraudulent conversion, misappropriation of property, or a crime
  529  enumerated in this section or resulting from acts committed
  530  while involved in the solicitation of contributions within the
  531  last 10 years and, if so, the name of such person, the nature of
  532  the offense, the date of the offense, the court having
  533  jurisdiction in the case, the date of conviction or other
  534  disposition, and the disposition of the offense.
  535         6. The charitable organization or sponsor or any of its
  536  officers, directors, trustees, or employees has been enjoined
  537  from violating a any law relating to a charitable solicitation,
  538  and, if so, the name of such person, the date of the injunction,
  539  and the court issuing the injunction.
  540         (e) The names, street addresses, and telephone numbers of a
  541  any professional solicitor, professional fundraising consultant,
  542  and commercial co-venturer who is acting or has agreed to act on
  543  behalf of the charitable organization or sponsor, together with
  544  a statement setting forth the specific terms of the arrangements
  545  for salaries, bonuses, commissions, expenses, or other
  546  remunerations to be paid the fundraising consultant and
  547  professional solicitor.
  548         (f) With initial registration only, a statement showing
  549  when and where the organization was established and the tax
  550  exempt status of the organization together with a copy of the
  551  any federal tax exemption determination letter. If the
  552  charitable organization or sponsor has not received a federal
  553  tax exemption determination letter at the time of initial
  554  registration, a copy of such determination must be filed with
  555  the department within 30 days after receipt of the determination
  556  by the charitable organization or sponsor. If the organization
  557  is subsequently notified by the Internal Revenue Service of a
  558  any challenge to its continued entitlement to federal tax
  559  exemption, the charitable organization or sponsor shall notify
  560  the department of this fact within 30 days after receipt.
  561         (g) The following information must be filed with the
  562  initial registration statement and must be updated when a any
  563  change occurs in the information that was previously filed with
  564  the initial registration statement:
  565         1. The principal street address and telephone number of the
  566  organization and the street address and telephone numbers of any
  567  offices in this state or, if the charitable organization or
  568  sponsor does not maintain an office in this state, the name,
  569  street address, and telephone number of the person who that has
  570  custody of its financial records. The parent organization that
  571  files a consolidated registration statement on behalf of its
  572  chapters, branches, or affiliates must additionally provide the
  573  street addresses and telephone numbers of all such locations in
  574  this state.
  575         2. The names and street addresses of the officers,
  576  directors, trustees, and the principal salaried executive
  577  personnel.
  578         3. The date when the charitable organization’s or sponsor’s
  579  fiscal year ends.
  580         4. A list or description of the major program activities.
  581         5. The names, street addresses, and telephone numbers of
  582  the individuals or officers who have final responsibility for
  583  the custody of the contributions and who will be responsible for
  584  the final distribution of the contributions.
  585         (7) The department must examine each initial registration
  586  statement or annual renewal statement and the supporting
  587  documents filed by a charitable organization or sponsor and
  588  shall determine whether the registration requirements are
  589  satisfied. Within 15 10 working days after its receipt of a
  590  statement, the department must examine the statement, notify the
  591  applicant of any apparent errors or omissions, and request any
  592  additional information the department is allowed by law to
  593  require. Failure to correct an error or omission or to supply
  594  additional information is not grounds for denial of the initial
  595  registration or annual renewal statement unless the department
  596  has notified the applicant within the 15 10-working-day period.
  597  The department must approve or deny each statement, or must
  598  notify the applicant that the activity for which she or he seeks
  599  registration is exempt from the registration requirement, within
  600  15 10 working days after receipt of the initial registration or
  601  annual renewal statement or the requested additional information
  602  or correction of errors or omissions. A Any statement that is
  603  not approved or denied within 15 10 working days after receipt
  604  of the requested additional information or correction of errors
  605  or omissions is approved. Within 7 working days after receipt of
  606  a notification that the registration requirements are not
  607  satisfied, the charitable organization or sponsor may request a
  608  hearing. The hearing must be held within 7 working days after
  609  receipt of the request, and the any recommended order, if one is
  610  issued, must be rendered within 3 working days of the hearing.
  611  The final order must then be issued within 2 working days after
  612  the recommended order. If a recommended order is not issued, the
  613  final order must be issued within 5 working days after the
  614  hearing. The proceedings must be conducted in accordance with
  615  chapter 120, except that the time limits and provisions set
  616  forth in this subsection prevail to the extent of any conflict.
  617         Section 10. Section 496.406, Florida Statutes, is amended
  618  to read:
  619         496.406 Exemption from registration.—The following
  620  charitable organizations and sponsors are exempt from the
  621  requirements of s. 496.405:
  622         (1) The following charitable organizations and sponsors are
  623  exempt from the requirements of s. 496.405:
  624         (a) A person who is soliciting for a named individual,
  625  provided that all the contributions collected without any
  626  deductions whatsoever are turned over to the beneficiary for her
  627  or his use and provided that the person has complied with the
  628  requirements of s. 496.413.
  629         (b)(2) A charitable organization or sponsor that which
  630  limits solicitation of contributions to the membership of the
  631  charitable organization or sponsor. For the purposes of this
  632  paragraph, the term “membership” does not include those persons
  633  who are granted a membership upon making a contribution as a
  634  result of a solicitation.
  635         (c)(3)A Any division, department, post, or chapter of a
  636  veterans’ service organization granted a federal charter under
  637  Title 36, United States Code.
  638         (d) Charitable organizations or sponsors that have less
  639  than $25,000 in total revenue during a fiscal year, if the
  640  fundraising activities of such organization or sponsor are
  641  carried on by volunteers, members, or officers who are not
  642  compensated and if no part of the assets or income of such
  643  organization or sponsor inures to the benefit of or is paid to
  644  an officer or member of such organization, sponsor, professional
  645  fundraising consultant, professional solicitor, or commercial
  646  co-venturer. If a charitable organization or sponsor that has
  647  less than $25,000 in total revenue during a fiscal year acquires
  648  total revenue in excess of that amount, the charitable
  649  organization or sponsor must register with the department as
  650  required by s. 496.405 within 30 days after the date the revenue
  651  reaches $25,000.
  652         (2) Before soliciting contributions, each charitable
  653  organization or sponsor under paragraph (1)(d) claiming to be
  654  exempt from the registration requirements specified in s.
  655  496.405 shall submit annually to the department, on forms
  656  prescribed by the department:
  657         (a) The name, address, and phone number of the charitable
  658  organization or sponsor, the name under which it intends to
  659  solicit contributions, the purpose for which it is organized,
  660  and the purpose or purposes for which the solicited
  661  contributions will be used.
  662         (b) The tax exempt status of the organization.
  663         (c) The date the organization’s fiscal year ends.
  664         (d) The names, street addresses, and telephone numbers of
  665  the individuals or officers who have final responsibility for
  666  the custody of the contributions and who will be responsible for
  667  the final distribution of the contributions.
  668         (e) A financial statement of support, revenue, and expenses
  669  and a statement of functional expenses which must include, but
  670  need not be limited to, expenses in the following categories:
  671  program, management and general, and fundraising. In lieu of the
  672  financial statement, a charitable organization or sponsor may
  673  submit a copy of its Internal Revenue Service Form 990 with
  674  attached schedules or 990-EZ with Schedule O.
  675         (3) A charitable organization or sponsor claiming to be
  676  exempt from the registration requirements of this chapter shall
  677  submit such information that the department may request to
  678  substantiate an exemption under this section. A charitable
  679  organization or sponsor that fails to submit evidence
  680  satisfactory to the department is not exempt from the
  681  requirements of this chapter. In any proceeding, the burden of
  682  proving an exemption is upon the organization or sponsor
  683  claiming the exemption.
  684         (4) Exemption from the registration requirements of s.
  685  496.405 does not limit the applicability of other provisions of
  686  this section to a charitable organization or sponsor.
  687         Section 11. Subsection (2) of section 496.407, Florida
  688  Statutes, is amended to read:
  689         496.407 Financial report.—
  690         (2) In lieu of the financial report described in subsection
  691  (1), a charitable organization or sponsor may submit a copy of
  692  its Internal Revenue Service Form 990 and all attached schedules
  693  Schedule A filed for the preceding fiscal year, or a copy of its
  694  Form 990-EZ and Schedule O filed for the preceding fiscal year.
  695         Section 12. Subsections (2), (3), and (6) of section
  696  496.409, Florida Statutes, are amended to read:
  697         496.409 Registration and duties of professional fundraising
  698  consultant.—
  699         (2) Applications for registration or renewal of
  700  registration must be submitted on a form prescribed by the
  701  department, signed by an authorized official of the professional
  702  fundraising consultant who shall certify that the report is true
  703  and correct under oath, and must include the following
  704  information:
  705         (a) The street address and telephone number of the
  706  principal place of business of the applicant and a any Florida
  707  street addresses if the principal place of business is located
  708  outside this state.
  709         (b) The form of the applicant’s business.
  710         (c) The names and residence addresses of all principals of
  711  the applicant, including all officers, directors, and owners.
  712         (d) Whether any of the owners, directors, officers, or
  713  employees of the applicant are related as parent, child, spouse,
  714  or sibling to any other directors, officers, owners, or
  715  employees of the applicant; to an any officer, director,
  716  trustee, or employee of a any charitable organization or sponsor
  717  under contract to the applicant; or to a any supplier or vendor
  718  providing goods or services to a any charitable organization or
  719  sponsor under contract to the applicant.
  720         (e) Whether the applicant or any of its officers,
  721  directors, trustees, or employees have, within the last 10
  722  years, regardless of adjudication, been convicted, or found
  723  guilty of, or pled guilty or nolo contendere to, or have been
  724  incarcerated within the last 10 years as a result of having
  725  previously been convicted of, or found guilty of, or pled guilty
  726  or nolo contendere to, a any felony and, if so, the name of such
  727  person, the nature of the offense, the date of the offense, the
  728  court having jurisdiction in the case, the date of conviction or
  729  other disposition, and the disposition of the offense.
  730         (f) Whether the applicant or any of its officers,
  731  directors, trustees, or employees have, regardless of
  732  adjudication, been convicted of, or found guilty of, or pled
  733  guilty or nolo contendere to, or have been incarcerated within
  734  the last 10 years as a result of having previously been
  735  convicted of, or found guilty of, or pled guilty or nolo
  736  contendere to, a crime within the last 10 years involving fraud,
  737  theft, larceny, embezzlement, fraudulent conversion, or
  738  misappropriation of property, or a any crime arising from the
  739  conduct of a solicitation for a charitable organization or
  740  sponsor and, if so, the name of such person, the nature of the
  741  offense, the date of the offense, the court having jurisdiction
  742  in the case, the date of conviction or other disposition, and
  743  the disposition of the offense.
  744         (g) Whether the applicant or any of its officers,
  745  directors, trustees, or employees have been enjoined from
  746  violating a any law relating to a charitable solicitation and,
  747  if so, the name of such person, the date of the injunction, and
  748  the court issuing the injunction.
  749         (3) The application for registration must be accompanied by
  750  a fee of $300. A professional fundraising consultant that which
  751  is a partnership or corporation may register for and pay a
  752  single fee on behalf of all of its partners, members, officers,
  753  directors, agents, and employees. In that case, the names and
  754  street addresses of all the officers, employees, and agents of
  755  the fundraising consultant and all other persons with whom the
  756  fundraising consultant has contracted to work under its
  757  direction must be listed in the application. Each registration
  758  is valid for 1 year or a part of 1 year and expires on March 31
  759  of each year. The registration may be renewed on or before March
  760  31 of each year for additional 1-year periods upon application
  761  to the department and payment of the registration fee.
  762         (6) The department shall examine each registration
  763  statement and supporting documents filed by a professional
  764  fundraising consultant and determine whether the registration
  765  requirements are satisfied. If the department determines that
  766  the registration requirements are not satisfied, the department
  767  must notify the professional fundraising consultant within 15 10
  768  working days after its receipt of the registration statement;
  769  otherwise the registration statement is approved. Within 7
  770  working days after receipt of a notification that the
  771  registration requirements are not satisfied, the applicant may
  772  request a hearing. The hearing must be held within 7 working
  773  days after receipt of the request, and the any recommended
  774  order, if one is issued, must be rendered within 3 working days
  775  after the hearing. The final order must then be issued within 2
  776  working days after the recommended order. If there is no
  777  recommended order, the final order must be issued within 5
  778  working days after the hearing. The proceedings must be
  779  conducted in accordance with chapter 120, except that the time
  780  limits and provisions set forth in this subsection prevail to
  781  the extent of any conflict.
  782         Section 13. Subsections (2), (3), (5), and (8) of section
  783  496.410, Florida Statutes, are amended to read:
  784         496.410 Registration and duties of professional
  785  solicitors.—
  786         (2) Applications for registration or renewal of
  787  registration must be submitted on a form prescribed by rule of
  788  the department, signed by an authorized official of the
  789  professional solicitor who shall certify that the report is true
  790  and correct under oath, and must include the following
  791  information:
  792         (a) The street address and telephone number of the
  793  principal place of business of the applicant and a any Florida
  794  street addresses if the principal place of business is located
  795  outside this state.
  796         (b) The form of the applicant’s business.
  797         (c) The place and date when the applicant, if other than an
  798  individual, was legally established.
  799         (d) The names and residence addresses of all principals of
  800  the applicant, including all officers, directors, and owners.
  801         (e) A statement as to whether any of the owners, directors,
  802  officers, or employees of the applicant are related as parent,
  803  spouse, child, or sibling to any other directors, officers,
  804  owners, or employees of the applicant; to an any officer,
  805  director, trustee, or employee of a any charitable organization
  806  or sponsor under contract to the applicant; or to a any supplier
  807  or vendor providing goods or services to a any charitable
  808  organization or sponsor under contract to the applicant.
  809         (f) A statement as to whether the applicant or any of its
  810  directors, officers, trustees, persons with a controlling
  811  interest in the applicant, or employees or agents involved in
  812  solicitation have, within the last 10 years, regardless of
  813  adjudication, been convicted of, or found guilty of, or pled
  814  guilty or nolo contendere to, or have been incarcerated within
  815  the last 10 years as a result of having previously been
  816  convicted of, or found guilty of, or pled guilty or nolo
  817  contendere to, a any felony and, if so, the name of such person,
  818  the nature of the offense, the date of the offense, the court
  819  having jurisdiction in the case, the date of conviction or other
  820  disposition, and the disposition of the offense.
  821         (g) A statement as to whether the applicant or any of its
  822  directors, officers, trustees, persons with a controlling
  823  interest in the applicant, or employees or agents involved in
  824  solicitation have, regardless of adjudication, been convicted
  825  of, or found guilty of, or pled guilty or nolo contendere to, or
  826  have been incarcerated within the last 10 years as a result of
  827  having previously been convicted of, or found guilty of, or pled
  828  guilty or nolo contendere to, a crime within the last 10 years
  829  involving fraud, theft, larceny, embezzlement, fraudulent
  830  conversion, or misappropriation of property, or a any crime
  831  arising from the conduct of a solicitation for a charitable
  832  organization or sponsor and, if so, the name of such person, the
  833  nature of the offense, the date of the offense, the court having
  834  jurisdiction in the case, the date of conviction or other
  835  disposition, and the disposition of the offense.
  836         (h) A statement as to whether the applicant or any of its
  837  directors, officers, trustees, persons with a controlling
  838  interest in the applicant, or employees or agents involved in
  839  solicitation have been enjoined from violating a any law
  840  relating to a charitable solicitation and, if so, the name of
  841  such person, the date of the injunction, and the court issuing
  842  the injunction.
  843         (i) The names of all persons in charge of any solicitation
  844  activity.
  845         (3) The application for registration must be accompanied by
  846  a fee of $300. A professional solicitor that is a partnership or
  847  corporation may register for and pay a single fee on behalf of
  848  all of its partners, members, officers, directors, agents, and
  849  employees. In that case, the names and street addresses of all
  850  the officers, employees, and agents of the professional
  851  solicitor and all other persons with whom the professional
  852  solicitor has contracted to work under its direction, including
  853  solicitors, must be listed in the application or furnished to
  854  the department within 5 days after the date of employment or
  855  contractual arrangement. Each registration is valid for 1 year
  856  or a part of 1 year and expires on March 31 of each year. The
  857  registration may be renewed on or before March 31 of each year
  858  for an additional 1-year period upon application to the
  859  department and payment of the registration fee.
  860         (5) The department must examine each registration statement
  861  and supporting documents filed by a professional solicitor. If
  862  the department determines that the registration requirements are
  863  not satisfied, the department must notify the professional
  864  solicitor within 15 10 working days after its receipt of the
  865  registration statement; otherwise the registration statement is
  866  approved. Within 7 working days after receipt of a notification
  867  that the registration requirements are not satisfied, the
  868  applicant may request a hearing. The hearing must be held within
  869  7 working days after receipt of the request, and the any
  870  recommended order, if one is issued, must be rendered within 3
  871  working days after the hearing. The final order must then be
  872  issued within 2 working days after the recommended order. If
  873  there is no recommended order, the final order must be issued
  874  within 5 working days after the hearing. The proceedings must be
  875  conducted in accordance with chapter 120, except that the time
  876  limits and provisions set forth in this subsection prevail to
  877  the extent of any conflict.
  878         (8) Within 45 90 days after a solicitation campaign has
  879  been completed and within 45 days after on the anniversary of
  880  the commencement of a solicitation campaign lasting more than 1
  881  year, the professional solicitor must provide to the charitable
  882  organization or sponsor and file with the department a financial
  883  report of the campaign, including the gross revenue received and
  884  an itemization of all expenses incurred. The report must be
  885  completed on a form prescribed by the department and signed by
  886  an authorized official of the professional solicitor who shall
  887  certify under oath that the report is true and correct.
  888         Section 14. Subsections (3) and (6) of section 496.411,
  889  Florida Statutes, are amended to read:
  890         496.411 Disclosure requirements and duties of charitable
  891  organizations and sponsors.—
  892         (3) Every charitable organization or sponsor that which is
  893  required to register under s. 496.405 must conspicuously display
  894  in capital letters the following statement on every printed
  895  solicitation, written confirmation, receipt, or reminder of a
  896  contribution:
  897         (a) Its registration number; and
  898         (b) The following statement written in capital letters
  899  which must include a toll-free telephone number for the division
  900  which can be used to obtain the registration information:
  901  
  902         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
  903         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
  904         CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE
  905         STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT,
  906         APPROVAL, OR RECOMMENDATION BY THE STATE.”
  907  
  908  If The statement must include a toll-free number for the
  909  division that can be used to obtain the registration
  910  information. When the solicitation consists of more than a
  911  single item one piece, the registration number and statement
  912  must be displayed prominently in the solicitation materials.
  913         (6) Each charitable organization or sponsor that is
  914  required to register under s. 496.405 shall conspicuously
  915  display the following information on every printed solicitation,
  916  written confirmation, receipt, or reminder of a contribution:
  917         (a) The organization’s or sponsor’s registration number
  918  issued by the department under this chapter.
  919         (b) The percentage, if any, of each contribution that is
  920  retained by any professional solicitor that has contracted with
  921  the organization or sponsor.
  922         (c) The percentage of each contribution that is received by
  923  the organization or sponsor.
  924  
  925  If the solicitation consists of more than a single item, the
  926  statement shall be displayed prominently in the solicitation
  927  materials.
  928         Section 15. Subsection (2) of section 496.415, Florida
  929  Statutes, is amended to read:
  930         496.415 Prohibited acts.—It is unlawful for any person in
  931  connection with the planning, conduct, or execution of any
  932  solicitation or charitable or sponsor sales promotion to:
  933         (2) Knowingly file false, or misleading, or inaccurate
  934  information in a any document required to be filed with the
  935  department, provided to the public, or in response to a any
  936  request or investigation by the department, the Department of
  937  Legal Affairs, or the State Attorney.
  938         Section 16. Present subsections (4) through (9) of section
  939  496.419, Florida Statutes, are redesignated as subsections (5)
  940  through (10), respectively, a new subsection (4) is added to
  941  that section, and present subsections (4) through (9) are
  942  amended, to read:
  943         496.419 Powers of the department.—
  944         (4) A violation of s. 496.415(3), (5), (6), (10), (12),
  945  (13), or (14) constitutes an immediate threat to the public
  946  health, safety, and welfare and is sufficient grounds for the
  947  department to issue an immediate order to cease and desist all
  948  solicitation activities. The order acts as an immediate final
  949  order under s. 120.569(2)(n) and shall remain in effect until
  950  the violation has been remedied pursuant to this part.
  951         (5)(4) The department may enter an order imposing one or
  952  more of the penalties set forth in subsection (6) (5) if the
  953  department finds that a charitable organization, sponsor,
  954  professional fundraising consultant, or professional solicitor,
  955  or an agent, servant, or employee thereof has:
  956         (a) Violated or is operating in violation of any of the
  957  provisions of ss. 496.401-496.424 or s. 496.426 or of the rules
  958  adopted or orders issued thereunder;
  959         (b) Made a material false statement in an application,
  960  statement, or report required to be filed under ss. 496.401
  961  496.424 or s. 496.426;
  962         (c) Refused or failed, or any of its principal officers has
  963  refused or failed, after notice, to produce the any records of
  964  such organization or to disclose any information required to be
  965  disclosed under ss. 496.401-496.424 or s. 496.426 or the rules
  966  of the department; or
  967         (d) Made a material false statement in response to a any
  968  request or investigation by the department, the Department of
  969  Legal Affairs, or the State Attorney.
  970         (6)(5) Upon a finding as set forth in subsection (5) (4),
  971  the department may enter an order doing one or more of the
  972  following:
  973         (a) Issuing a notice of noncompliance pursuant to s.
  974  120.695;
  975         (b) Issuing a cease and desist order that directs that the
  976  person cease and desist specified fundraising activities;
  977         (c) Refusing to register or canceling or suspending a
  978  registration;
  979         (d) Placing the registrant on probation for a period of
  980  time, subject to such conditions as the department may specify;
  981         (e) Canceling an exemption granted under s. 496.406; and
  982         (f) Imposing an administrative fine not to exceed $1,000
  983  for each act or omission that which constitutes a violation of
  984  ss. 496.401-496.424 or s. 496.426 or a rule or order.
  985  
  986  With respect to a s. 501(c)(3) organization, the penalty imposed
  987  pursuant to this subsection may shall not exceed $500 per
  988  violation. The penalty is shall be the entire amount per
  989  violation and may is not to be interpreted as a daily penalty.
  990         (7)(6) Except as otherwise provided in this section, the
  991  administrative proceedings that could result in the entry of an
  992  order imposing any of the penalties specified in subsection (6)
  993  (5) are governed by chapter 120, except that the applicable
  994  provisions and time limits specified in s. 496.405(7), s.
  995  496.409(6), or s. 496.410(5) apply if the department determines
  996  that a registration should be refused.
  997         (8)(7) The department may forward an investigative report
  998  and supporting documentation of an any investigation conducted
  999  pursuant to this section to the Department of Legal Affairs. The
 1000  report must identify proposed any administrative actions or
 1001  actions that are proposed or have been commenced by the
 1002  department in accordance with subsection (5) (4).
 1003         (9)(8) The department shall report a any substantiated
 1004  criminal violation of ss. 496.401-496.424 or s. 496.426 to the
 1005  proper prosecuting authority for prompt prosecution.
 1006         (10)(9) All fines collected by the department under
 1007  subsection (6) (5) must be paid into the General Inspection
 1008  Trust Fund.
 1009         Section 17. Subsections (1), (2), and (4) of section
 1010  501.016, Florida Statutes, are amended to read:
 1011         501.016 Health studios; security requirements.—Each health
 1012  studio that sells contracts for health studio services shall
 1013  meet the following requirements:
 1014         (1) Each health studio shall maintain for each separate
 1015  business location a bond issued by a surety company admitted to
 1016  do business in this state. The principal sum of the bond must be
 1017  $25,000 shall be $50,000, and the bond, when required, shall be
 1018  obtained before a business tax receipt may be issued under
 1019  chapter 205. Upon issuance of a business tax receipt, the
 1020  licensing authority shall immediately notify the department of
 1021  such issuance in a manner established by the department by rule.
 1022  The bond shall be in favor of the state for the benefit of any
 1023  person injured as a result of a violation of ss. 501.012
 1024  501.019. The aggregate liability of the surety to all persons
 1025  for all breaches of the conditions of such the bonds may not
 1026  provided herein shall in no event exceed the amount of the bond.
 1027  The original surety bond required by this section shall be filed
 1028  with the department.
 1029         (2) In lieu of maintaining the bond required in subsection
 1030  (1), the health studio may furnish to the department:
 1031         (a) An irrevocable letter of credit from a any foreign or
 1032  domestic bank in the amount of $25,000 $50,000; or
 1033         (b) A guaranty agreement that which is secured by a
 1034  certificate of deposit in the amount of $25,000 $50,000.
 1035  
 1036  The original letter of credit or certificate of deposit
 1037  submitted in lieu of the bond shall be filed with the
 1038  department. The department shall determine decide whether the
 1039  security furnished in lieu of bond by the health studio is in
 1040  compliance with the requirements of this section.
 1041         (4) If the health studio furnishes the department with
 1042  evidence satisfactory to the department that the aggregate
 1043  dollar amount of all current outstanding contracts of the health
 1044  studio is less than $5,000, the department may, at its
 1045  discretion, reduce the principal amount of the surety bond or
 1046  other sufficient financial responsibility required in
 1047  subsections (1) and (2) to a sum of not less than $10,000.
 1048  However, the health studio shall notify the department at any
 1049  time the aggregate dollar amount of such contracts exceeds
 1050  $5,000, the health studio shall so notify the department and
 1051  shall thereupon provide the bond or other documentation as
 1052  required in subsections (1) and (2). Health studios whose bonds
 1053  have been reduced must provide the department with an annually
 1054  updated list of members. The department shall raise the security
 1055  requirement to $25,000 for a health studio that fails Failure to
 1056  file an annual report will result in the department raising the
 1057  security requirement to $50,000.
 1058         Section 18. Subsection (4) of section 501.059, Florida
 1059  Statutes, is amended to read:
 1060         501.059 Telephone solicitation.—
 1061         (4)(a)A No telephone solicitor may not shall make or cause
 1062  to be made any unsolicited telephonic sales call to a any
 1063  residential, mobile, or telephonic paging device telephone
 1064  number if the number for that telephone appears in the then
 1065  current quarterly listing published by the department. A Any
 1066  telephone solicitor or person who offers for sale any consumer
 1067  information that which includes residential, mobile, or
 1068  telephonic paging device telephone numbers, except directory
 1069  assistance and telephone directories sold by telephone companies
 1070  and organizations exempt under s. 501(c)(3) or (6) of the
 1071  Internal Revenue Code, shall screen and exclude those numbers
 1072  that which appear on the division’s then-current “no sales
 1073  solicitation calls” list. This subsection does not apply to a
 1074  any person licensed pursuant to chapter 475 who calls an actual
 1075  or prospective seller or lessor of real property when such call
 1076  is made in response to a yard sign or other form of
 1077  advertisement placed by the seller or lessor.
 1078         (b) A person is in violation of this subsection if the
 1079  person initiates an outbound telephonic sales call to a consumer
 1080  who has previously communicated to the telephone solicitor that
 1081  he or she does not wish to receive an outbound telephone call:
 1082         1. Made by or on behalf of the seller whose goods or
 1083  services are being offered; or
 1084         2. Made by or on behalf of a charitable organization for
 1085  which a charitable contribution is being solicited.
 1086         Section 19. Subsections (1) and (2) of section 501.603,
 1087  Florida Statutes, are amended to read:
 1088         501.603 Definitions.—As used in this part, unless the
 1089  context otherwise requires, the term:
 1090         (1) “Commercial telephone solicitation” means:
 1091         (a) An unsolicited telephone call to a person initiated by
 1092  a commercial telephone seller or salesperson, or an automated
 1093  dialing machine used in accordance with the provisions of s.
 1094  501.059(7) for the purpose of inducing the person to purchase or
 1095  invest in consumer goods or services;
 1096         (b) Other communication with a person where:
 1097         1. A gift, award, or prize is offered; or
 1098         2. A telephone call response is invited; and
 1099         3. The salesperson intends to complete a sale or enter into
 1100  an agreement to purchase or invest in consumer goods or services
 1101  during the course of the telephone call; or
 1102         (c) Other communication with a person which represents a
 1103  price, quality, or availability of consumer goods or services
 1104  and which invites a response by telephone or which is followed
 1105  by a call to the person by a salesperson.
 1106  
 1107  For purposes of this section, “other communication” means a
 1108  written or oral notification or advertisement transmitted
 1109  through any means. Also, for purposes of this section, “invites
 1110  a response by telephone” does not mean the mere listing or
 1111  including of a telephone number in a notification or
 1112  advertisement.
 1113         (2) “Commercial telephone seller” means a any person who
 1114  engages in commercial telephone solicitation on his or her own
 1115  behalf or through salespersons, except that a commercial
 1116  telephone seller does not include any of the persons or entities
 1117  operating under a properly filed and valid affidavit of
 1118  exemption pursuant to exempted from this part by s. 501.604. A
 1119  commercial telephone seller does not include a salesperson as
 1120  defined in subsection (10). A commercial telephone seller
 1121  includes, but is not limited to, owners, operators, officers,
 1122  directors, partners, or other individuals engaged in the
 1123  management activities of a business entity pursuant to this
 1124  part.
 1125         Section 20. Subsections (4), (7), (10), (14), and (24) of
 1126  section 501.604, Florida Statutes, are amended to read:
 1127         501.604 Exemptions.—The provisions of this part, except ss.
 1128  501.608 and 501.616(6) and (7), do not apply to:
 1129         (4) A Any licensed securities, commodities, or investment
 1130  broker, dealer, or investment adviser, when soliciting within
 1131  the scope of his or her license, or a any licensed associated
 1132  person of a securities, commodities, or investment broker,
 1133  dealer, or investment adviser, when soliciting within the scope
 1134  of his or her license. As used in this section, “licensed
 1135  securities, commodities, or investment broker, dealer, or
 1136  investment adviser” means a person subject to license or
 1137  registration as such by the Securities and Exchange Commission,
 1138  by the Financial Industry Regulatory Authority National
 1139  Association of Securities Dealers or other self-regulatory
 1140  organization as defined by the Securities Exchange Act of 1934,
 1141  15 U.S.C. s. 78l, or by an official or agency of this or another
 1142  state or of any state of the United States. As used in this
 1143  section, “licensed associated person of a securities,
 1144  commodities, or investment broker, dealer, or investment
 1145  adviser” means an any associated person registered or licensed
 1146  by the Financial Industry Regulatory Authority National
 1147  Association of Securities Dealers or other self-regulatory
 1148  organization as defined by the Securities Exchange Act of 1934,
 1149  15 U.S.C. s. 78l, or by an official or agency of this or another
 1150  state or of any state of the United States.
 1151         (7) A Any supervised financial institution or parent,
 1152  subsidiary, or affiliate thereof operating within the scope of
 1153  the supervised activity. As used in this section, “supervised
 1154  financial institution” means a any commercial bank, trust
 1155  company, savings and loan association, mutual savings bank,
 1156  credit union, industrial loan company, consumer finance lender,
 1157  commercial finance lender, or insurer, provided that the
 1158  institution is subject to supervision by an official or agency
 1159  of this state, of any state, or of the United States. For the
 1160  purposes of this exemption, “affiliate” means a person who
 1161  directly, or indirectly through one or more intermediaries,
 1162  controls or is controlled by, or is under common control with, a
 1163  supervised financial institution.
 1164         (10) A business-to-business sale where:
 1165         (a) The commercial telephone seller has been lawfully
 1166  operating continuously for at least 3 years under the same
 1167  business name and has at least 50 percent of its dollar volume
 1168  consisting of repeat sales to existing businesses;
 1169         (b) The purchaser business intends to resell or offer for
 1170  purposes of advertisement or as a promotional item the property
 1171  or goods purchased; or
 1172         (c) The purchaser business intends to use the property or
 1173  goods purchased in a recycling, reuse, remanufacturing, or
 1174  manufacturing process.
 1175         (14) A telephone company subject to the provisions of
 1176  chapter 364, or affiliate thereof or its agents, or a
 1177  telecommunications business that which is regulated by the
 1178  Florida Public Service Commission, or a Federal Communications
 1179  Commission licensed cellular telephone company or other bona
 1180  fide radio telecommunication services provider. For the purposes
 1181  of this exemption, “affiliate” means a person who directly, or
 1182  indirectly through one or more intermediaries, controls or is
 1183  controlled by, or is under common control with, a telephone
 1184  company subject to the provisions of chapter 364.
 1185         (24) An entity that Any person which has been lawfully
 1186  providing telemarketing sales services continuously for at least
 1187  5 years under the same ownership and control and that which
 1188  derives 75 percent of its gross telemarketing sales revenues
 1189  from contracts with persons exempted in this section.
 1190         Section 21. Present paragraphs (c) through (h) of
 1191  subsection (1) of section 501.607, Florida Statutes, are
 1192  redesignated as paragraphs (b) through (g), respectively, and
 1193  present paragraph (b) of subsection (1) of that section is
 1194  amended, to read:
 1195         501.607 Licensure of salespersons.—
 1196         (1) An applicant for a license as a salesperson must submit
 1197  to the department, in such form as it prescribes, a written
 1198  application for a license. The application must set forth the
 1199  following information:
 1200         (b) Each business or occupation engaged in by the applicant
 1201  during the 3 years immediately preceding the date of the
 1202  application, and the location thereof.
 1203         Section 22. Paragraph (b) of subsection (1) and subsections
 1204  (2) and (3) of section 501.608, Florida Statutes, are amended to
 1205  read:
 1206         501.608 License or affidavit of exemption; occupational
 1207  license.—
 1208         (1)
 1209         (b) A Any commercial telephone seller that claims claiming
 1210  to be exempt from the act under s. 501.604(2), (3), (5), (6),
 1211  (9), (10), (11), (12), (17), (21), (22), (24), or (26) must file
 1212  with the department a notarized affidavit of exemption. The
 1213  affidavit of exemption must be on forms prescribed by the
 1214  department and must require the name of the commercial telephone
 1215  seller, the name of the business, and the business address. A
 1216  Any commercial telephone seller that maintains maintaining more
 1217  than one business may file a single notarized affidavit of
 1218  exemption that clearly indicates the location of each place of
 1219  business. If a change of ownership occurs, the commercial
 1220  telephone seller must notify the department. At the request of
 1221  the department, the commercial telephone seller shall provide
 1222  sales scripts, contracts, and other documentation in order to
 1223  determine if the affidavit of exemption is appropriate before
 1224  accepting such affidavit for filing.
 1225         (2) Each licensee or person operating under a valid and
 1226  appropriately filed exemption claiming an exemption shall
 1227  prominently display his or her license or a copy of his or her
 1228  receipt of filing of the affidavit of exemption at each location
 1229  where he or she does business. Each licensee or person claiming
 1230  an exemption shall make the license or the receipt of filing
 1231  copy of the affidavit of exemption available for inspection upon
 1232  request by a by any governmental agency upon request.
 1233         (3) Failure to obtain or display a license or a copy of the
 1234  receipt of filing of an affidavit of exemption is sufficient
 1235  grounds for the department to issue an immediate cease and
 1236  desist order, which acts shall act as an immediate final order
 1237  under s. 120.569(2)(n). The order shall may remain in effect
 1238  until the commercial telephone seller or a person claiming to be
 1239  exempt shows the authorities that he or she is properly licensed
 1240  or exempt. The department may order the business to cease
 1241  operations and shall order the phones to be shut off. Failure of
 1242  a salesperson to display a license or the receipt of filing of
 1243  an affidavit of exemption may result in the salesperson being
 1244  summarily ordered by the department to leave the office until he
 1245  or she can produce a license or a receipt of filing of an
 1246  affidavit of exemption for the department.
 1247         Section 23. Subsection (3) of section 501.611, Florida
 1248  Statutes, is amended to read:
 1249         501.611 Security.—
 1250         (3) The bond shall be posted with the department and must
 1251  remain in force throughout the period of licensure with the
 1252  department.
 1253         Section 24. Subsection (12) of section 501.615, Florida
 1254  Statutes, is amended to read:
 1255         501.615 Written contract; cancellation; refund.—
 1256         (12) A sale in which the consumer is given a full refund
 1257  for the return of undamaged and unused goods or in which a
 1258  cancellation of services notice is given to the seller within 7
 1259  days after the date of the sale is exempt from the requirements
 1260  of subsections (1)-(5). A commercial telephone seller or
 1261  salesperson engaged in activity regulated by chapter 721 must
 1262  comply with s. 721.205 Exempt from the requirements of
 1263  subsections (1)-(5) is any sale in which the consumer is given a
 1264  full refund for the return of undamaged and unused goods or a
 1265  cancellation of services notice is given to the seller, within 7
 1266  days after receipt of the goods or services by the consumer, and
 1267  the seller shall process the refund within 30 days after receipt
 1268  of the returned merchandise by the consumer.
 1269         Section 25. Subsection (1) of section 501.617, Florida
 1270  Statutes, is amended to read:
 1271         501.617 Investigative powers of enforcing authority.—
 1272         (1) If, by her or his own inquiries or as a result of
 1273  complaints, the enforcing authority has reason to believe that a
 1274  person has engaged in, or is engaging in, an act or practice
 1275  that violates the provisions of this part, she or he may
 1276  administer oaths and affirmations, subpoena witnesses or matter,
 1277  conduct regulatory inspections, and collect evidence. Within 10
 1278  days after the service of a subpoena or at any time before the
 1279  return date specified therein, whichever is longer, the party
 1280  served may file in the circuit court in the county in which she
 1281  or he resides or in which she or he transacts business and serve
 1282  upon the enforcing authority a petition for an order modifying
 1283  or setting aside the subpoena. The petitioner may raise an any
 1284  objection or privilege that which would be available under this
 1285  part or upon service of such subpoena in a civil action. The
 1286  subpoena must shall inform the party served of her or his rights
 1287  under this subsection.
 1288         Section 26. Subsection (10) is added to section 507.03,
 1289  Florida Statutes, to read:
 1290         507.03 Registration.—
 1291         (10) Upon the request of the department, each moving broker
 1292  shall provide a complete list of the movers it has contracted or
 1293  affiliated with, advertises on behalf of, arranges moves for, or
 1294  to which it refers shippers. Such list, at a minimum, must
 1295  include the mover’s complete name, address, telephone number,
 1296  email address, and name of the owner or other principal.
 1297         Section 27. Paragraph (b) of subsection (1) of section
 1298  507.04, Florida Statutes, is amended to read:
 1299         507.04 Required insurance coverages; liability limitations;
 1300  valuation coverage.—
 1301         (1) LIABILITY INSURANCE.—
 1302         (b) A mover that operates two or fewer vehicles, in lieu of
 1303  maintaining the liability insurance coverage required under
 1304  paragraph (a), may, and each moving broker must, maintain one of
 1305  the following alternative coverages:
 1306         1. A performance bond in the amount of $25,000, for which
 1307  the surety of the bond must be a surety company authorized to
 1308  conduct business in this state; or
 1309         2. A certificate of deposit in a Florida banking
 1310  institution in the amount of $25,000.
 1311  
 1312  The original bond or certificate of deposit must be filed with
 1313  the department and must designate the department as the sole
 1314  beneficiary. The department must use the bond or certificate of
 1315  deposit exclusively for the payment of claims to consumers who
 1316  are injured by the fraud, misrepresentation, breach of contract,
 1317  misfeasance, malfeasance, or financial failure of the mover or
 1318  moving broker or by a violation of this chapter by the mover or
 1319  broker. Liability for these injuries may be determined in an
 1320  administrative proceeding of the department or through a civil
 1321  action in a court of competent jurisdiction. However, claims
 1322  against the bond or certificate of deposit must only be paid, in
 1323  amounts not to exceed the determined liability for these
 1324  injuries, only by order of the department in an administrative
 1325  proceeding. The bond or certificate of deposit is subject to
 1326  successive claims, but the aggregate amount of these claims may
 1327  not exceed the amount of the bond or certificate of deposit.
 1328         Section 28. Subsections (7) and (8) are added to section
 1329  507.07, Florida Statutes, to read:
 1330         507.07 Violations.—It is a violation of this chapter to:
 1331         (7) Conduct business as a moving broker, advertise to
 1332  engage in the business of a moving broker, or offer to perform a
 1333  move through a subcontract or agreement with a mover who is not
 1334  registered with the department under this part.
 1335         (8) Conduct business as a mover, advertise to engage in the
 1336  business of moving, or offer to perform a move through a
 1337  subcontract or agreement with a moving broker who is not
 1338  registered with the department pursuant to the provisions on
 1339  this part.
 1340         Section 29. Paragraph (c) of subsection (1) of section
 1341  525.01, Florida Statutes, is amended to read:
 1342         525.01 Gasoline and oil to be inspected.—
 1343         (1) For the purpose of this chapter:
 1344         (c) “Alternative fuel” means:
 1345         1. Methanol, denatured ethanol, or other alcohols;
 1346         2. Mixtures of gasoline or other fuels with methanol,
 1347  denatured ethanol, or other alcohols Mixtures containing 85
 1348  percent or more by volume of methanol, denatured ethanol, or
 1349  other alcohols with gasoline or other fuels, or such other
 1350  percentage, but not less than 70 percent, as determined by the
 1351  department by rule, to provide for requirements relating to cold
 1352  start, safety, or vehicle functions;
 1353         3. Hydrogen;
 1354         4. Coal-derived liquid fuels; and
 1355         5. Fuels, other than alcohol, derived from biological
 1356  materials.
 1357         Section 30. Subsections (2) through (4) of section 525.09,
 1358  Florida Statutes, are repealed.
 1359         Section 31. Section 525.10, Florida Statutes, is amended to
 1360  read:
 1361         525.10 Moneys to be paid into State Treasury; Payment of
 1362  expenses.—All moneys payable under this chapter shall be payable
 1363  to the department and shall be paid by it into the State
 1364  Treasury monthly to be deposited into the General Inspection
 1365  Trust Fund. All expenses incurred in the enforcement of this
 1366  chapter and other inspection laws of this state for which fees
 1367  or taxes are collected, including acquiring equipment and other
 1368  property, shall be paid from the General Inspection Trust Fund.
 1369  No money may shall be paid to an any inspector or employee
 1370  created under this chapter except from the funds collected from
 1371  the administration of this chapter.
 1372         Section 32. Subsection (20) is added to section 527.01,
 1373  Florida Statutes, to read:
 1374         527.01 Definitions.—As used in this chapter:
 1375         (20) “License year” means the period from either September
 1376  1 through the following August 31, or April 1 through the
 1377  following March 31, depending upon the type of license.
 1378         Section 33. Subsections (1) and (3) and paragraphs (a) and
 1379  (c) of subsection (5) of section 527.0201, Florida Statutes, are
 1380  amended to read:
 1381         527.0201 Qualifiers; master qualifiers; examinations.—
 1382         (1) In addition to the requirements of s. 527.02, a any
 1383  person applying for a license to engage in the activities of a
 1384  pipeline system operator, category I liquefied petroleum gas
 1385  dealer, category II liquefied petroleum gas dispenser, category
 1386  IV liquefied petroleum gas dispenser and recreational vehicle
 1387  servicer, category V liquefied petroleum gases dealer for
 1388  industrial uses only, LP gas installer, specialty installer,
 1389  requalifier requalification of cylinders, or fabricator,
 1390  repairer, and tester of vehicles and cargo tanks must prove
 1391  competency by passing a written examination administered by the
 1392  department or its agent with a grade of at least 75 percent in
 1393  each area tested or above. Each applicant for examination shall
 1394  submit a $20 nonrefundable fee. The department shall by rule
 1395  specify the general areas of competency to be covered by each
 1396  examination and the relative weight to be assigned in grading
 1397  each area tested.
 1398         (3) Qualifier cards issued to category I liquefied
 1399  petroleum gas dealers and liquefied petroleum gas installers
 1400  shall expire 3 years after the date of issuance. All category I
 1401  liquefied petroleum gas dealer qualifiers and liquefied
 1402  petroleum gas installer qualifiers holding a valid qualifier
 1403  card upon the effective date of this act shall retain their
 1404  qualifier status until July 1, 2003, and may sit for the master
 1405  qualifier examination at any time during that time period. All
 1406  such category I liquefied petroleum gas dealer qualifiers and
 1407  liquefied petroleum gas installer qualifiers may renew their
 1408  qualification on or before July 1, 2003, upon application to the
 1409  department, payment of a $20 renewal fee, and documentation of
 1410  the completion of a minimum of 16 12 hours approved continuing
 1411  education courses, as defined by department rule, during the
 1412  previous 3-year period. Applications for renewal must be made 30
 1413  calendar days before prior to expiration. Persons failing to
 1414  renew before prior to the expiration date must reapply and take
 1415  a qualifier competency examination in order to reestablish
 1416  category I liquefied petroleum gas dealer qualifier and
 1417  liquefied petroleum gas installer qualifier status. If a
 1418  category I liquefied petroleum gas qualifier or liquefied
 1419  petroleum gas installer qualifier becomes a master qualifier at
 1420  any time during the effective date of the qualifier card, the
 1421  card remains shall remain in effect until expiration of the
 1422  master qualifier certification.
 1423         (5) In addition to all other licensing requirements, each
 1424  category I liquefied petroleum gas dealer and liquefied
 1425  petroleum gas installer must, at the time of application for
 1426  licensure, identify to the department one master qualifier who
 1427  is a full-time employee at the licensed location. The master
 1428  qualifier must This person shall be a manager, owner, or
 1429  otherwise primarily responsible for overseeing the operations of
 1430  the licensed location and must provide documentation to the
 1431  department as provided by rule. The master qualifier requirement
 1432  is shall be in addition to the requirements of subsection (1).
 1433         (a) In order to apply for certification as a master
 1434  qualifier, each applicant must be a category I liquefied
 1435  petroleum gas dealer qualifier or liquefied petroleum gas
 1436  installer qualifier, must be employed by a licensed category I
 1437  liquefied petroleum gas dealer, liquefied petroleum gas
 1438  installer, or applicant for such license, must provide
 1439  documentation of a minimum of 1 year’s work experience in the
 1440  gas industry, and must pass a master qualifier competency
 1441  examination. Master qualifier examinations shall be based on
 1442  Florida’s laws, rules, and adopted codes governing liquefied
 1443  petroleum gas safety, general industry safety standards, and
 1444  administrative procedures. The applicant must pass the
 1445  examination must be successfully completed by the applicant with
 1446  a grade of at least 75 percent or more. Each applicant for
 1447  master qualifier status shall submit to the department a
 1448  nonrefundable $30 examination fee before prior to the
 1449  examination.
 1450         (c) Master qualifier status expires shall expire 3 years
 1451  after the date of issuance of the certificate and may be renewed
 1452  by submission to the department of documentation of completion
 1453  of at least 16 12 hours of approved continuing education courses
 1454  during the 3-year period; proof of employment with a licensed
 1455  category I liquefied petroleum gas dealer, liquefied petroleum
 1456  gas installer, or applicant; and a $30 certificate renewal fee.
 1457  The department shall define, by rule, approved courses of
 1458  continuing education.
 1459         Section 34. Section 527.03, Florida Statutes, is amended to
 1460  read:
 1461         527.03 Annual renewal of license.—All licenses required
 1462  under this chapter shall be renewed annually subject to the
 1463  license fees prescribed in s. 527.02. With the exception of the
 1464  Category III Liquefied Petroleum Gas Cylinder Exchange Operator
 1465  license and the Dealer in Appliances and Equipment for Use of
 1466  Liquefied Petroleum Gas license, all licenses shall be renewed
 1467  for the period beginning September 1 and shall expire on the
 1468  following August 31 unless sooner suspended, revoked, or
 1469  otherwise terminated. All Category III Liquefied Petroleum Gas
 1470  Cylinder Exchange Operator licenses and Dealer in Appliances and
 1471  Equipment for Use of Liquefied Petroleum Gas licenses shall be
 1472  renewed for the period beginning April 1 and expire on the
 1473  following March 31 unless sooner suspended, revoked, or
 1474  otherwise terminated. A Any license allowed to expire becomes on
 1475  August 31 shall become inoperative because of failure to renew.
 1476  The fee for restoration of a license is equal to the original
 1477  license fee and must be paid before the licensee may resume
 1478  operations.
 1479         Section 35. Subsection (3) of section 531.415, Florida
 1480  Statutes, is amended to read:
 1481         531.415 Fees.—
 1482         (3) Any petroleum product taxed under s. 525.09 and any
 1483  Petroleum equipment that is used to measure petroleum fuel, as
 1484  defined in s. 525.01, and owned by a person licensed pursuant to
 1485  chapter 206 is exempt from the fees established in this section.
 1486         Section 36. Subsection (3) of section 531.61, Florida
 1487  Statutes, is amended to read:
 1488         531.61 Exemptions from permit requirement.—Commercial
 1489  weights or measures instruments or devices are exempt from the
 1490  permit requirements of ss. 531.60-531.66 if:
 1491         (3) The device is used exclusively for measuring aviation
 1492  fuel or petroleum products inspected taxed under chapter 525 s.
 1493  525.09.
 1494         Section 37. Section 40 of chapter 2009-66, Laws of Florida,
 1495  is amended to read:
 1496         Section 40. Sections 531.60, 531.61, 531.62, 531.63,
 1497  531.64, 531.65, and 531.66, Florida Statutes, as created by this
 1498  act, shall expire July 1, 2020 2014.
 1499         Section 38. Paragraph (c) of subsection (5) of section
 1500  539.001, Florida Statutes, is amended to read:
 1501         539.001 The Florida Pawnbroking Act.—
 1502         (5) APPLICATION FOR LICENSE.—
 1503         (c) Each initial application for a license must be
 1504  accompanied by a complete set of fingerprints taken by an
 1505  authorized law enforcement officer or a fingerprinting service
 1506  provider approved by the Department of Law Enforcement, $300 for
 1507  the first year’s license fee, and the actual cost to the agency
 1508  for fingerprint analysis for each person subject to the
 1509  eligibility requirements. The agency shall submit the
 1510  fingerprints to the Department of Law Enforcement for state
 1511  processing, and the Department of Law Enforcement shall forward
 1512  the fingerprints to the Federal Bureau of Investigation for a
 1513  national criminal history check. These fees and costs are not
 1514  refundable.
 1515         Section 39. Subsection (1) of section 559.802, Florida
 1516  Statutes, is amended to read:
 1517         559.802 Franchises; exemption.—
 1518         (1) The sale of a franchise is exempt from this part if:
 1519         (a) The franchise meets the definition of that term as
 1520  defined by the Federal Trade Commission regulations entitled,
 1521  “Disclosure Requirements and Prohibitions Concerning Franchising
 1522  and Business Opportunity Ventures,” as set forth in 16 C.F.R.
 1523  ss. 436.1 et seq.; and
 1524         (b) Before offering for sale or selling a franchise to be
 1525  located in this state or to a resident of this state, the
 1526  franchisor files a notice with the department stating that the
 1527  franchisor is in substantial compliance with the requirements of
 1528  the Federal Trade Commission rule, and pays a fee in an amount
 1529  set by the department, not exceeding $100. This notice shall be
 1530  filed on a form promulgated by the department.
 1531         Section 40. Section 559.803, Florida Statutes, is amended
 1532  to read:
 1533         559.803 Disclosure statement.—At least 3 working days prior
 1534  to the time the purchaser signs a business opportunity contract,
 1535  or at least 3 working days prior to the receipt of any
 1536  consideration by the seller, whichever occurs first, the seller
 1537  must provide the prospective purchaser a written document, the
 1538  cover sheet of which is entitled in at least 12-point boldfaced
 1539  capital letters “DISCLOSURES REQUIRED BY FLORIDA LAW.” Under
 1540  this title shall appear the following statement in at least 10
 1541  point type: “The State of Florida has not reviewed and does not
 1542  approve, recommend, endorse, or sponsor any business
 1543  opportunity. The information contained in this disclosure has
 1544  not been verified by the state. If you have any questions about
 1545  this investment, see an attorney before you sign a contract or
 1546  agreement.” Nothing except the title and required statement
 1547  shall appear on the cover sheet. Immediately following the cover
 1548  sheet, the seller must provide an index page that briefly lists
 1549  the contents of the disclosure document as required in this
 1550  section and any pages on which the prospective purchaser can
 1551  find each required disclosure. At the top of the index page, the
 1552  following statement must appear in at least 10-point type: “The
 1553  State of Florida requires sellers of business opportunities to
 1554  disclose certain information to prospective purchasers. This
 1555  index is provided to help you locate this information.” If the
 1556  index contains other information not required by this section,
 1557  the seller shall place a designation beside each of the
 1558  disclosures required by this section and provide an explanation
 1559  of the designation at the end of the statement at the top of the
 1560  index page. The disclosure document shall contain the following
 1561  information:
 1562         (1) The name of the seller; whether the seller is doing
 1563  business as an individual, partnership, corporation, or other
 1564  business entity; the names under which the seller has done
 1565  business; and the name of any parent or affiliated company that
 1566  will engage in business transactions with the purchasers or who
 1567  takes responsibility for statements made by the seller.
 1568         (2) The names, addresses, and titles of the seller’s
 1569  officers, directors, trustees, general partners, general
 1570  managers, and principal executives and of any other persons
 1571  charged with the responsibility for the seller’s business
 1572  activities relating to the sale of business opportunities.
 1573         (3) The length of time the seller has:
 1574         (a) Sold business opportunities; or
 1575         (b) Sold business opportunities involving the products,
 1576  equipment, supplies, or services currently being offered to the
 1577  purchaser.
 1578         (4) A full and detailed description of the actual services
 1579  that the business opportunity seller undertakes to perform for
 1580  the purchaser.
 1581         (5) A copy of a current (not older than 13 months)
 1582  financial statement of the seller, updated to reflect material
 1583  changes in the seller’s financial condition.
 1584         (6) If training is promised by the seller, a complete
 1585  description of the training, the length of the training, and the
 1586  cost or incidental expenses of that training, which cost or
 1587  expense the purchaser will be required to incur.
 1588         (7) If the seller promises services to be performed in
 1589  connection with the placement of the equipment, product, or
 1590  supplies at a location, the full nature of those services as
 1591  well as the nature of the agreements to be made with the owners
 1592  or managers of the location where the purchaser’s equipment,
 1593  product, or supplies will be placed.
 1594         (8) If the business opportunity seller is required to
 1595  secure a bond, guaranteed letter of credit, or certificate of
 1596  deposit pursuant to s. 559.807, either of the following
 1597  statements:
 1598         (a) “As required by Florida law, the seller has secured a
 1599  bond issued by ...., a surety company authorized to do business
 1600  in this state. Before signing a contract to purchase this
 1601  business opportunity, you should confirm the bond’s status with
 1602  the surety company.”; or
 1603         (b) “As required by Florida law, the seller has established
 1604  a guaranteed letter of credit or certificate of deposit
 1605  ...(number of account)... with ...(name and address of bank or
 1606  savings institution).... Before signing a contract to purchase
 1607  this business opportunity, you should confirm with the bank or
 1608  savings institution the current status of the guaranteed letter
 1609  of credit or certificate of deposit.”
 1610         (9) The following statement: “If the seller fails to
 1611  deliver the product, equipment, or supplies necessary to begin
 1612  substantial operation of the business within 45 days of the
 1613  delivery date stated in your contract, you may notify the seller
 1614  in writing and cancel your contract.”
 1615         (10) If the seller makes any statement concerning sales or
 1616  earnings or a range of sales or earnings that may be made
 1617  through this business opportunity, a statement disclosing:
 1618         (a) The total number of purchasers of business
 1619  opportunities involving the product, equipment, supplies, or
 1620  services being offered who have actually achieved sales of or
 1621  received earnings in the amount or range specified within 3
 1622  years prior to the date of the disclosure statement.
 1623         (b) The total number of purchasers of business
 1624  opportunities involving the product, equipment, supplies, or
 1625  services being offered within 3 years prior to the date of the
 1626  disclosure statement.
 1627         (11)(a) The total number of persons who purchased the
 1628  business opportunity being offered by the seller within the past
 1629  3 years.
 1630         (b) The names, addresses, and telephone numbers of the 10
 1631  persons who previously purchased the business opportunity from
 1632  the seller and who are geographically closest to the potential
 1633  purchaser.
 1634         (12) A statement disclosing who, if any, of the persons
 1635  listed in subsections (1) and (2):
 1636         (a) Has, at any time during the previous 10 fiscal years,
 1637  regardless of adjudication, been convicted of, or found guilty
 1638  of, or pled guilty or nolo contendere to, or has been
 1639  incarcerated within the last 10 years as a result of having
 1640  previously been convicted of, or found guilty of, or pled guilty
 1641  or nolo contendere to, a felony or a crime involving fraud,
 1642  theft, larceny, violation of any franchise or business
 1643  opportunity law or unfair or deceptive practices law,
 1644  embezzlement, fraudulent conversion, misappropriation of
 1645  property, or restraint of trade.
 1646         (b) Has, at any time during the previous 7 fiscal years,
 1647  been held liable in a civil action resulting in a final judgment
 1648  or has settled out of court any civil action or is a party to
 1649  any civil action involving allegations of fraud (including
 1650  violation of any franchise or business opportunity law or unfair
 1651  or deceptive practices law), embezzlement, fraudulent
 1652  conversion, misappropriation of property, or restraint of trade
 1653  or any civil action which was brought by a present or former
 1654  franchisee or franchisees and which involves or involved the
 1655  franchise relationship. However, only material individual civil
 1656  actions need be so listed pursuant to this paragraph, including
 1657  any group of civil actions which, irrespective of the
 1658  materiality of any single such action, in the aggregate is
 1659  material.
 1660         (c) Is subject to any currently effective state or federal
 1661  agency or court injunctive or restrictive order, or has been
 1662  subject to any administrative action in which an order by a
 1663  governmental agency was rendered, or is a party to a proceeding
 1664  currently pending in which such order is sought, relating to or
 1665  affecting business opportunities activities or the business
 1666  opportunity seller-purchaser relationship or involving fraud
 1667  (including violation of any franchise or business opportunity
 1668  law or unfair or deceptive practices law), embezzlement,
 1669  fraudulent conversion, misappropriation of property, or
 1670  restraint of trade.
 1671  
 1672  Such statement shall set forth the identity and location of the
 1673  court or agency; the date of conviction, judgment, or decision;
 1674  the penalty imposed; the damages assessed; the terms of
 1675  settlement or the terms of the order; and the date, nature, and
 1676  issuer of each such order or ruling. A business opportunity
 1677  seller may include a summary opinion of counsel as to any
 1678  pending litigation, but only if counsel’s consent to the use of
 1679  such opinion is included in the disclosure statement.
 1680         (13) A statement disclosing who, if any, of the persons
 1681  listed in subsections (1) and (2) at any time during the
 1682  previous 7 fiscal years has:
 1683         (a) Filed in bankruptcy.
 1684         (b) Been adjudged bankrupt.
 1685         (c) Been reorganized due to insolvency.
 1686         (d) Been a principal, director, executive officer, or
 1687  partner of any other person that has so filed or was so adjudged
 1688  or reorganized during or within 1 year after the period that
 1689  such person held such position in relation to such other person.
 1690  If so, the name and location of the person having so filed or
 1691  having been so adjudged or reorganized, the date thereof, and
 1692  any other material facts relating thereto shall be set forth.
 1693         (14) A copy of the business opportunity contract which the
 1694  seller uses as a matter of course and which is to be presented
 1695  to the purchaser at closing.
 1696  
 1697  Should any seller of business opportunities prepare a disclosure
 1698  statement pursuant to 16 C.F.R. ss. 436.1 et seq., a Trade
 1699  Regulation Rule of the Federal Trade Commission regarding
 1700  Disclosure Requirements and Prohibitions Concerning Franchising
 1701  and Business Opportunity Ventures, the seller may file that
 1702  disclosure statement in lieu of the document required pursuant
 1703  to this section. Should the seller be required pursuant to 16
 1704  C.F.R. to prepare any other documents to be presented to the
 1705  prospective purchaser, those documents shall also be filed with
 1706  the department.
 1707         Section 41. Section 559.805, Florida Statutes, is repealed.
 1708         Section 42. Subsection (2) of section 559.807, Florida
 1709  Statutes, is repealed.
 1710         Section 43. Present subsections (3) through (7) of section
 1711  559.813, Florida Statutes, are redesignated as subsections (2)
 1712  through (6), respectively, and present subsections (2), (5), and
 1713  (8) of that section are amended, to read:
 1714         559.813 Remedies; enforcement.—
 1715         (2)(a) The department may enter an order imposing one or
 1716  more of the penalties set forth in paragraph (b) if the
 1717  department finds that a seller or any of the seller’s principal
 1718  officers or agents:
 1719         1. Violated or is operating in violation of any of the
 1720  provisions of this part or of the rules adopted or orders issued
 1721  thereunder;
 1722         2. Made a material false statement in any application,
 1723  document, or record required to be submitted or retained under
 1724  this part;
 1725         3. Refused or failed, after notice, to produce any document
 1726  or record or disclose any information required to be produced or
 1727  disclosed under this part or the rules of the department;
 1728         4. Made a material false statement in response to any
 1729  request or investigation by the department, the Department of
 1730  Legal Affairs, or the state attorney; or
 1731         5. Has intentionally defrauded the public through dishonest
 1732  or deceptive means.
 1733         (b) Upon a finding as set forth in paragraph (a), the
 1734  department may enter an order doing one or more of the
 1735  following:
 1736         1. Issuing a notice of noncompliance pursuant to s.
 1737  120.695.
 1738         2. Imposing an administrative fine not to exceed $5,000 per
 1739  violation for each act which constitutes a violation of this
 1740  part or a rule or order.
 1741         3. Directing that the seller or its principal officers or
 1742  agents cease and desist specified activities.
 1743         4. Refusing to issue or revoking or suspending an
 1744  advertisement identification number.
 1745         5. Placing the registrant on probation for a period of
 1746  time, subject to such conditions as the department may specify.
 1747         (c) The administrative proceedings which could result in
 1748  the entry of an order imposing any of the penalties specified in
 1749  paragraph (b) shall be conducted in accordance with chapter 120.
 1750         (4)(5) The Department of Legal Affairs, the Department of
 1751  Agriculture and Consumer Services, or the state attorney, if a
 1752  violation of this part occurs in her or his judicial circuit, is
 1753  are the enforcing authority authorities for purposes of this
 1754  part, and they may bring civil actions in circuit court for
 1755  temporary or permanent injunctive relief and may seek other
 1756  appropriate civil relief, including, but not limited to, a civil
 1757  penalty not to exceed $5,000 for each violation, restitution and
 1758  damages for injured purchasers of business opportunities, and
 1759  court costs and reasonable attorney attorney’s fees.
 1760         (8) The department has the authority to adopt rules
 1761  pursuant to chapter 120 to implement this part.
 1762         Section 44. Section 559.815, Florida Statutes, is amended
 1763  to read:
 1764         559.815 Penalties.—A Any person who fails to file with the
 1765  department as required by s. 559.805 or who commits an act
 1766  described in s. 559.809 is guilty of a felony of the third
 1767  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1768  775.084.
 1769         Section 45. Subsection (1) of section 559.9221, Florida
 1770  Statutes, is amended to read:
 1771         559.9221 Motor Vehicle Repair Advisory Council.—The Motor
 1772  Vehicle Repair Advisory Council is created to advise and assist
 1773  the department in carrying out this part.
 1774         (1) The membership of the council may not exceed 9 11
 1775  members appointed by the Commissioner of Agriculture.
 1776         (a) Six Eight industry members of the council must be
 1777  chosen from individuals already engaged in the motor vehicle
 1778  repair business who are eligible to be registered under this
 1779  part. The professional members of this council must be licensed
 1780  under this part. The commissioner shall select one industry
 1781  member from each of the following categories:
 1782         1. Independent automotive mechanics shops.
 1783         2. Franchise or company-owned automotive mechanics shops.
 1784         3. Automotive Independent automotive collision shops.
 1785         4. Franchise or company-owned automotive collision shops.
 1786         4.5.Tire dealers Independent tire dealer.
 1787         6. Franchise or company-owned tire dealer.
 1788         5.7. Independent motor vehicle dealers dealer licensed
 1789  under s. 320.27.
 1790         6.8. Franchise motor vehicle dealers dealer licensed under
 1791  s. 320.27.
 1792         (b) One member of the council may be chosen from persons
 1793  already engaged in motor vehicle repair service.
 1794         (c) Two consumer members of the council must be residents
 1795  of this state and may must not be connected with the motor
 1796  vehicle repair business.
 1797         (d) As terms of the members expire, the commissioner shall
 1798  appoint successors for terms of 4 years. Members shall serve
 1799  from the time of their appointment until their successors are
 1800  appointed.
 1801         Section 46. Paragraphs (a) and (b) of subsection (9) of
 1802  section 616.242, Florida Statutes, are amended to read:
 1803         616.242 Safety standards for amusement rides.—
 1804         (9) INSURANCE REQUIREMENTS.—
 1805         (a) An owner may not operate an amusement ride unless the
 1806  owner has in effect, at all times of operation, an insurance
 1807  meeting the following requirements:
 1808         1. An insurance policy in an amount of not less than $1
 1809  million per occurrence, $1 million in the aggregate, which
 1810  insures the owner of the amusement ride against liability for
 1811  injury to persons arising out of the use of the amusement ride.;
 1812  or
 1813         2. A bond in a like amount; however, the aggregate
 1814  liability of the surety under the bond may not exceed the face
 1815  amount thereof.
 1816         (b) The policy or bond must be procured from an insurer or
 1817  surety that is licensed to transact business in this state or
 1818  that is approved as a surplus lines insurer.
 1819         Section 47. Subsection (9) is added to section 721.20,
 1820  Florida Statutes, to read:
 1821         721.20 Licensing requirements; suspension or revocation of
 1822  license; exceptions to applicability; collection of advance fees
 1823  for listings unlawful.—
 1824         (9) A person who meets the definition of a commercial
 1825  telephone seller or salesperson as defined in s. 501.603 must be
 1826  licensed under part IV of chapter 501 before doing business in
 1827  this state under this chapter.
 1828         Section 48. This act shall take effect July 1, 2013.