Florida Senate - 2013                      CS for CS for SB 1040
       
       
       
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senator Stargel
       
       
       
       576-04644-13                                          20131040c2
    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. 507.07,
   97         F.S.; prohibiting movers and moving brokers from
   98         entering into certain service contracts with certain
   99         unregistered persons; amending s. 525.01, F.S.;
  100         revising the definition of the term “alternative
  101         fuels” for purposes of inspection requirements;
  102         repealing s. 525.09(2)-(4), F.S., relating to the
  103         payment and applicability of an inspection fee for
  104         testing and analyzing petroleum fuels; amending s.
  105         525.10, F.S.; eliminating the requirement that
  106         collected fees be paid into the treasury and
  107         distributed into a specified trust fund; conforming
  108         provisions; amending s. 525.16, F.S.; requiring
  109         entities that sell or distribute certain fuels to meet
  110         fuel standards adopted by the department; providing a
  111         release of liability for certain entities who supply
  112         and blend fuels that meet department standards;
  113         amending s. 526.141, F.S.; providing that certain
  114         entities are not liable for damages resulting from the
  115         incompatible use of motor fuels under certain
  116         circumstances; amending s. 527.01, F.S.; providing a
  117         definition for the term “license year” as it relates
  118         to the sale of petroleum gas; amending s. 527.0201,
  119         F.S.; revising examination requirements for applicants
  120         seeking certain licenses; revising continuing
  121         education requirements for specified qualifiers;
  122         amending s. 527.03, F.S.; revising the renewal
  123         procedure for certain licenses; amending s. 531.415,
  124         F.S.; conforming a cross-reference; amending s.
  125         531.61, F.S.; exempting certain commercial weights and
  126         measures devices from permit requirements; conforming
  127         a cross-reference; amending chapter 2009-66, Laws of
  128         Florida; extending the expiration date of certain
  129         statutes related to commercial weights and measures;
  130         amending s. 539.001, F.S.; revising fingerprinting
  131         requirements for a pawnbroker license application;
  132         amending s. 559.802, F.S.; requiring franchisors to
  133         provide notice of the franchise sale on a department
  134         promulgated form; amending s. 559.803, F.S.; deleting
  135         provisions allowing and requiring sellers of business
  136         opportunities to file federal disclosure statements
  137         with the department; repealing s. 559.805, F.S.,
  138         relating to mandatory filings and disclosure of
  139         advertisement identification numbers by sellers of
  140         business opportunities; repealing s. 559.807(2), F.S.,
  141         relating to bonds or securities for business
  142         opportunity sellers; amending s. 559.813, F.S.;
  143         deleting a provision authorizing the department to
  144         impose specified penalties for certain violations
  145         relating to selling business opportunities; abrogating
  146         the enforcement and rulemaking authority of the
  147         Department of Agriculture and Consumer Services;
  148         amending s. 559.815, F.S.; conforming a cross
  149         reference; amending s. 559.9221, F.S.; revising the
  150         membership of the Motor Vehicle Repair Advisory
  151         Council; amending s. 616.242, F.S.; revising amusement
  152         ride insurance coverage requirements; amending s.
  153         721.20, F.S.; requiring specified persons who sell
  154         timeshare plans to be licensed as commercial telephone
  155         sellers or salespersons under ch. 501, F.S.; providing
  156         for severability; providing an effective date.
  157  
  158  Be It Enacted by the Legislature of the State of Florida:
  159  
  160         Section 1. Subsection (1) of section 525.09, Florida
  161  Statutes, is transferred, redesignated as paragraph (h) of
  162  subsection (1) of section 206.41, Florida Statutes, and amended,
  163  to read:
  164         206.41 State taxes imposed on motor fuel.—
  165         (1) The following taxes are imposed on motor fuel under the
  166  circumstances described in subsection (6):
  167         (h)(1)An additional 0.125 cent per net gallon is levied on
  168  all motor fuel for sale or use in this state for the purpose of
  169  defraying the expenses incident to inspecting, testing, and
  170  analyzing motor fuel petroleum fuels in this state, there shall
  171  be paid to the department a charge of one-eighth cent per gallon
  172  on all gasoline, kerosene (except when used as aviation turbine
  173  fuel), and #1 fuel oil for sale or use in this state. This
  174  inspection fee shall be imposed in the same manner as the motor
  175  fuel tax pursuant to s. 206.41. Payment shall be made on or
  176  before the 25th day of each month.
  177         Section 2. Subsection (4) is added to section 206.45,
  178  Florida Statutes, to read:
  179         206.45 Payment of tax into State Treasury.—
  180         (4) The department shall pay all moneys collected pursuant
  181  to s. 206.41(1)(h) into the State Treasury for monthly
  182  distribution into the General Inspection Trust Fund.
  183         Section 3. Subsection (22) of section 493.6101, Florida
  184  Statutes, is amended to read:
  185         493.6101 Definitions.—
  186         (22) “Repossession” means the recovery of a motor vehicle
  187  as defined under s. 320.01(1), a mobile home as defined in s.
  188  320.01(2), a motorboat as defined under s. 327.02, an aircraft
  189  as defined in s. 330.27(1), a personal watercraft as defined in
  190  s. 327.02, an all-terrain vehicle as defined in s. 316.2074,
  191  farm equipment as defined under s. 686.402, or industrial
  192  equipment, by an individual who is authorized by the legal
  193  owner, lienholder, or lessor to recover, or to collect money
  194  payment in lieu of recovery of, such property that was which has
  195  been sold or leased under a security agreement that contains a
  196  repossession clause. As used in this subsection, the term
  197  “industrial equipment” includes, but is not limited to,
  198  tractors, road rollers, cranes, forklifts, backhoes, and
  199  bulldozers. The term “industrial equipment” also includes other
  200  vehicles that are propelled by power other than muscular power
  201  and that are used in the manufacture of goods or used in the
  202  provision of services. A repossession is complete when a
  203  licensed recovery agent is in control, custody, and possession
  204  of such repossessed property. Property that is being repossessed
  205  is considered to be in the control, custody, and possession of a
  206  licensed recovery agent if the vehicle or other equipment being
  207  repossessed has been secured in preparation for transport from
  208  the site of the recovery by means of having been attached to, or
  209  placed on, the towing or other transport vehicle, or if the
  210  vehicle or equipment being repossessed is being operated or
  211  about to be operated by a licensed recovery agent.
  212         Section 4. Paragraph (b) of subsection (3) of section
  213  493.6113, Florida Statutes, is amended to read:
  214         493.6113 Renewal application for licensure.—
  215         (3) Each licensee is responsible for renewing his or her
  216  license on or before its expiration by filing with the
  217  department an application for renewal accompanied by payment of
  218  the prescribed license fee.
  219         (b) Each Class “G” licensee shall additionally submit proof
  220  that he or she has received during each year of the license
  221  period a minimum of 4 hours of firearms recertification training
  222  taught by a Class “K” licensee and has complied with such other
  223  health and training requirements which the department may adopt
  224  by rule. Proof of completion of recertification training must be
  225  submitted to the department upon completion of that training. If
  226  the documentation of completion of recertification training is
  227  not submitted by the end of the first year of the license
  228  period, the individual’s license shall be automatically
  229  suspended until proof of such training is submitted to the
  230  department. If the documentation of completion of
  231  recertification training is not submitted by the end of the
  232  second year of the license period, the license may not be
  233  renewed unless If proof of a minimum of 4 hours of annual
  234  firearms recertification training cannot be provided, the
  235  renewal applicant completes shall complete the minimum number of
  236  hours of range and classroom training required at the time of
  237  initial licensure. The department may waive the foregoing
  238  firearms training requirement if:
  239         1. The applicant provides proof that he or she is currently
  240  certified as a law enforcement officer or correctional officer
  241  under the Criminal Justice Standards and Training Commission and
  242  has completed law enforcement firearms requalification training
  243  annually during the previous 2 years of the licensure period.
  244         2. The applicant provides proof that he or she is currently
  245  certified as a federal law enforcement officer and has received
  246  law enforcement firearms training administered by a federal law
  247  enforcement agency annually during the previous 2 years of the
  248  licensure period.
  249         3. The applicant submits a valid firearm certificate among
  250  those specified in s. 493.6105(6)(a) and provides proof of
  251  having completed requalification training during the previous 2
  252  years of the licensure period.
  253         Section 5. Subsections (2) through (4) of section 493.6116,
  254  Florida Statutes, are amended to read:
  255         493.6116 Sponsorship of interns.—
  256         (2) An internship may not commence until a licensee submits
  257  the sponsor has submitted to the department a the notice of
  258  intent to sponsor. Such notice shall be on a form provided by
  259  the department.
  260         (3) An internship is intended to serve as a period of
  261  learning process. Licensees who sponsor interns Sponsors shall
  262  provide assume a training status by providing direction to and
  263  maintain control of interns as part of this learning process.
  264  Sponsors may shall only sponsor interns whose place of business
  265  is within a 50-mile distance of the sponsor’s place of business
  266  and shall not allow interns to operate independently of such
  267  direction and control, or require interns to perform activities
  268  that which do not enhance the intern’s qualification for
  269  licensure. Interns shall perform regulated duties within the
  270  geographic boundaries of this state during the period of
  271  internship.
  272         (4) A licensee No sponsor may not sponsor more than six
  273  interns at the same time.
  274         Section 6. Present subsections (1) and (4) of section
  275  493.6118, Florida Statutes, are amended, present subsections (2)
  276  through (7) of that section are redesignated as subsections (3)
  277  through (8), respectively, and a new subsection (2) is added to
  278  that section, to read:
  279         493.6118 Grounds for disciplinary action.—
  280         (1) The following constitute grounds for which disciplinary
  281  action specified in subsection (3) (2) may be taken by the
  282  department against a any licensee, agency, or applicant
  283  regulated by this chapter, or an any unlicensed person engaged
  284  in activities regulated under this chapter.
  285         (a) Fraud or willful misrepresentation in applying for or
  286  obtaining a license.
  287         (b) Use of a any fictitious or assumed name by an agency
  288  unless the agency has department approval and qualifies under s.
  289  865.09.
  290         (c) Being found guilty of or entering a plea of guilty or
  291  nolo contendere to, regardless of adjudication, or being
  292  convicted of a crime that directly relates to the business for
  293  which the license is held or sought. A plea of nolo contendere
  294  creates shall create a rebuttable presumption of guilt to the
  295  underlying criminal charges, and the department shall allow the
  296  individual being disciplined or denied an application for a
  297  license to present any mitigating circumstances surrounding his
  298  or her plea.
  299         (d) A false statement by the licensee that an any
  300  individual is or has been in his or her employ.
  301         (e) A finding that the licensee or an any employee of the
  302  licensee is guilty of willful betrayal of a professional secret
  303  or the any unauthorized release of information acquired as a
  304  result of activities regulated under this chapter.
  305         (f) Proof that the applicant or licensee is guilty of fraud
  306  or deceit, or of negligence, incompetency, or misconduct, in the
  307  practice of the activities regulated under this chapter.
  308         (g) Conducting activities regulated under this chapter
  309  without a license or with a revoked or suspended license.
  310         (h) Failure of the licensee to maintain in full force and
  311  effect the commercial general liability insurance coverage
  312  required by s. 493.6110.
  313         (i) Impersonating, or permitting or aiding and abetting an
  314  employee to impersonate, a law enforcement officer or an
  315  employee of the state, the United States, or a any political
  316  subdivision thereof by identifying himself or herself as a
  317  federal, state, county, or municipal law enforcement officer or
  318  official representative, by wearing a uniform or presenting or
  319  displaying a badge or credentials that would cause a reasonable
  320  person to believe that he or she is a law enforcement officer or
  321  that he or she has official authority, by displaying any
  322  flashing or warning vehicular lights other than amber colored,
  323  or by committing an any act that is intended to falsely convey
  324  official status.
  325         (j) Commission of an act of violence or the use of force on
  326  a any person except in the lawful protection of one’s self or
  327  another from physical harm.
  328         (k) Knowingly violating, advising, encouraging, or
  329  assisting the violation of a any statute, court order, capias,
  330  warrant, injunction, or cease and desist order, in the course of
  331  business regulated under this chapter.
  332         (l) Soliciting business for an attorney in return for
  333  compensation.
  334         (m) Transferring or attempting to transfer a license issued
  335  pursuant to this chapter.
  336         (n) Employing or contracting with an any unlicensed or
  337  improperly licensed person or agency to conduct activities
  338  regulated under this chapter, or performing an any act that
  339  assists, aids, or abets a person or business entity in engaging
  340  in unlicensed activity, when the licensure status was known or
  341  could have been ascertained by reasonable inquiry.
  342         (o) Failure or refusal to cooperate with or refusal of
  343  access to an authorized representative of the department engaged
  344  in an official investigation pursuant to this chapter.
  345         (p) Failure of a any partner, principal corporate officer,
  346  or licensee to have his or her identification card in his or her
  347  possession while on duty.
  348         (q) Failure of a any licensee to have his or her license in
  349  his or her possession while on duty, as specified in s.
  350  493.6111(1).
  351         (r) Failure or refusal by a sponsor to certify a biannual
  352  written report on an intern or to certify completion or
  353  termination of an internship to the department within 15 working
  354  days.
  355         (s) Failure to report to the department a any person whom
  356  the licensee knows to be in violation of this chapter or the
  357  rules of the department.
  358         (t) Violating any provision of this chapter.
  359         (u) For a Class “G” licensee, failing to complete
  360  recertification training required to carry a firearm while
  361  performing regulated duties.
  362         (v) For a Class “K” licensee, failing to maintain active
  363  certification as a professional firearms trainer.
  364         (w)(u) For a Class “G” or a Class “K” applicant or
  365  licensee, being prohibited from purchasing or possessing a
  366  firearm by state or federal law.
  367         (x)(v) In addition to the grounds for disciplinary action
  368  prescribed in paragraphs (a)-(t), Class “R” recovery agencies,
  369  Class “E” recovery agents, and Class “EE” recovery agent interns
  370  are prohibited from committing the following acts:
  371         1. Recovering a motor vehicle, mobile home, motorboat,
  372  aircraft, personal watercraft, all-terrain vehicle, farm
  373  equipment, or industrial equipment that has been sold under a
  374  conditional sales agreement or under the terms of a chattel
  375  mortgage before authorization has been received from the legal
  376  owner or mortgagee.
  377         2. Charging for expenses not actually incurred in
  378  connection with the recovery, transportation, storage, or
  379  disposal of repossessed property or personal property obtained
  380  in a repossession.
  381         3. Using any repossessed property or personal property
  382  obtained in a repossession for the personal benefit of a
  383  licensee or an officer, director, partner, manager, or employee
  384  of a licensee.
  385         4. Selling property recovered under the provisions of this
  386  chapter, except with written authorization from the legal owner
  387  or the mortgagee thereof.
  388         5. Failing to notify the police or sheriff’s department of
  389  the jurisdiction in which the repossessed property is recovered
  390  within 2 hours after recovery.
  391         6. Failing to remit moneys collected in lieu of recovery of
  392  a motor vehicle, mobile home, motorboat, aircraft, personal
  393  watercraft, all-terrain vehicle, farm equipment, or industrial
  394  equipment to the client within 10 working days.
  395         7. Failing to deliver to the client a negotiable instrument
  396  that is payable to the client, within 10 working days after
  397  receipt of such instrument.
  398         8. Falsifying, altering, or failing to maintain any
  399  required inventory or records regarding disposal of personal
  400  property contained in or on repossessed property pursuant to s.
  401  493.6404(1).
  402         9. Carrying a any weapon or firearm when he or she is on
  403  private property and performing duties under his or her license
  404  whether or not he or she is licensed pursuant to s. 790.06.
  405         10. Soliciting from the legal owner the recovery of
  406  property subject to repossession after such property has been
  407  seen or located on public or private property if the amount
  408  charged or requested for such recovery is more than the amount
  409  normally charged for such a recovery.
  410         11. Wearing, presenting, or displaying a badge in the
  411  course of performing a repossession regulated by this chapter.
  412         (2)It is unlawful for a person to knowingly possess,
  413  issue, cause to be issued, sell, submit, or offer a fraudulent
  414  training certificate, proficiency form, or other official
  415  document that declares an applicant has successfully completed a
  416  course of training required for licensure under chapter 493 if
  417  that person knows or reasonably should know that the
  418  certificate, form, or document is fraudulent. A violation of
  419  this section is a felony of the third degree, punishable as
  420  provided in s. 775.082, s. 775.083, or s. 775.084.
  421         (5)(4) Notwithstanding the provisions of paragraph (1)(c)
  422  and subsection (3) (2):
  423         (a) If the applicant or licensee has been convicted of a
  424  felony, the department shall deny the application or revoke the
  425  license unless and until civil rights have been restored by the
  426  State of Florida or by a state acceptable to Florida and a
  427  period of 10 years has expired since final release from
  428  supervision.
  429         (b) A Class “G” applicant who has been convicted of a
  430  felony must shall also have had the specific right to possess,
  431  carry, or use a firearm restored by the State of Florida.
  432         (c) If the applicant or licensee has been found guilty of,
  433  entered a plea of guilty to, or entered a plea of nolo
  434  contendere to a felony and adjudication of guilt is withheld,
  435  the department shall deny the application or revoke the license
  436  until a period of 3 years has expired since final release from
  437  supervision.
  438         (d) A plea of nolo contendere creates shall create a
  439  rebuttable presumption of guilt to the underlying criminal
  440  charges, and the department shall allow the person being
  441  disciplined or denied an application for a license to present
  442  any mitigating circumstances surrounding his or her plea.
  443         (e) The grounds for discipline or denial cited in this
  444  subsection apply shall be applied to a any disqualifying
  445  criminal history regardless of the date of commission of the
  446  underlying criminal charge. Such provisions are shall be applied
  447  retroactively and prospectively.
  448         Section 7. Subsection (1) of section 493.6120, Florida
  449  Statutes, is amended to read:
  450         493.6120 Violations; penalty.—
  451         (1) Any person who violates any provision of this chapter
  452  except ss. 493.6118(2) and s. 493.6405 commits a misdemeanor of
  453  the first degree, punishable as provided in s. 775.082 or s.
  454  775.083.
  455         Section 8. Subsection (3) of section 493.6121, Florida
  456  Statutes, is amended to read:
  457         493.6121 Enforcement; investigation.—
  458         (3) The department has shall have the authority to
  459  investigate a any licensed or unlicensed person, firm, company,
  460  partnership, or corporation when such person, firm, company,
  461  partnership, or corporation is advertising as providing or is
  462  engaged in performing services that which require licensure
  463  under this chapter or when a licensee is engaged in activities
  464  that which do not comply with or are prohibited by this chapter;
  465  and the department has shall have the authority to issue an
  466  order to cease and desist the further conduct of such
  467  activities, or seek an injunction, or take other appropriate
  468  action pursuant to s. 493.6118(3)(a) 493.6118(2)(a) or (c).
  469         Section 9. Paragraph (b) of subsection (1) and subsections
  470  (2) and (7) of section 496.405, Florida Statutes, are amended to
  471  read:
  472         496.405 Registration statements by charitable organizations
  473  and sponsors.—
  474         (1)
  475         (b) Any Changes in the information submitted on the initial
  476  registration statement or the last renewal statement must be
  477  updated annually on a renewal statement provided by the
  478  department on or before the date that marks one year after the
  479  date the department approved the initial registration statement
  480  as provided in this section. The department shall annually
  481  provide a renewal statement to each registrant by mail or by
  482  electronic mail at least 30 60 days before the renewal date.
  483         (2) The initial registration statement must be submitted on
  484  a form prescribed by the department, signed under oath by an
  485  authorized official the treasurer or chief fiscal officer of the
  486  charitable organization or sponsor who shall certify that the
  487  registration statement is true and correct, and include the
  488  following information or material:
  489         (a) A copy of the financial report or Internal Revenue
  490  Service Form 990 and all attached schedules, Schedule A or
  491  Internal Revenue Service Form 990-EZ and Schedule O, required
  492  under s. 496.407 for the immediately preceding fiscal year. A
  493  newly organized charitable organization or sponsor with no
  494  financial history must file a budget for the current fiscal
  495  year.
  496         (b) The name of the charitable organization or sponsor, the
  497  purpose for which it is organized, the name under which it
  498  intends to solicit contributions, and the purpose or purposes
  499  for which the contributions to be solicited will be used.
  500         (c) The name of the individuals or officers who are in
  501  charge of any solicitation activities.
  502         (d) A statement of whether:
  503         1. The charitable organization or sponsor is authorized by
  504  another any other state to solicit contributions;
  505         2. The charitable organization or sponsor or any of its
  506  officers, directors, trustees, or principal salaried executive
  507  personnel have been enjoined in any jurisdiction from soliciting
  508  contributions or have been found to have engaged in unlawful
  509  practices in the solicitation of contributions or administration
  510  of charitable assets;
  511         3. The charitable organization or sponsor has had its
  512  registration or authority denied, suspended, or revoked by a any
  513  governmental agency, together with the reasons for such denial,
  514  suspension, or revocation; and
  515         4. The charitable organization or sponsor has voluntarily
  516  entered into an assurance of voluntary compliance in any
  517  jurisdiction or agreement similar to that set forth in s.
  518  496.420, together with a copy of the that agreement.
  519         5. The charitable organization or sponsor or any of its
  520  officers, directors, trustees, or employees, regardless of
  521  adjudication, has been convicted of, or found guilty of, or pled
  522  guilty or nolo contendere to, or has been incarcerated within
  523  the last 10 years as a result of having previously been
  524  convicted of, or found guilty of, or pled guilty or nolo
  525  contendere to:,
  526         a.A Any felony or any crime involving fraud, theft,
  527  larceny, embezzlement, fraudulent conversion, misappropriation
  528  of property, or any crime arising from the conduct of a
  529  solicitation for a charitable organization or sponsor within the
  530  last 10 years and, if so, the name of such person, the nature of
  531  the offense, the date of the offense, the court having
  532  jurisdiction in the case, the date of conviction or other
  533  disposition, and the disposition of the offense.
  534         b.A crime involving fraud, theft, larceny, embezzlement,
  535  fraudulent conversion, misappropriation of property, or a crime
  536  enumerated in this section or resulting from acts committed
  537  while involved in the solicitation of contributions within the
  538  last 10 years and, if so, the name of such person, the nature of
  539  the offense, the date of the offense, the court having
  540  jurisdiction in the case, the date of conviction or other
  541  disposition, and the disposition of the offense.
  542         6. The charitable organization or sponsor or any of its
  543  officers, directors, trustees, or employees has been enjoined
  544  from violating a any law relating to a charitable solicitation,
  545  and, if so, the name of such person, the date of the injunction,
  546  and the court issuing the injunction.
  547         (e) The names, street addresses, and telephone numbers of a
  548  any professional solicitor, professional fundraising consultant,
  549  and commercial co-venturer who is acting or has agreed to act on
  550  behalf of the charitable organization or sponsor, together with
  551  a statement setting forth the specific terms of the arrangements
  552  for salaries, bonuses, commissions, expenses, or other
  553  remunerations to be paid the fundraising consultant and
  554  professional solicitor.
  555         (f) With initial registration only, a statement showing
  556  when and where the organization was established and the tax
  557  exempt status of the organization together with a copy of the
  558  any federal tax exemption determination letter. If the
  559  charitable organization or sponsor has not received a federal
  560  tax exemption determination letter at the time of initial
  561  registration, a copy of such determination must be filed with
  562  the department within 30 days after receipt of the determination
  563  by the charitable organization or sponsor. If the organization
  564  is subsequently notified by the Internal Revenue Service of a
  565  any challenge to its continued entitlement to federal tax
  566  exemption, the charitable organization or sponsor shall notify
  567  the department of this fact within 30 days after receipt.
  568         (g) The following information must be filed with the
  569  initial registration statement and must be updated when a any
  570  change occurs in the information that was previously filed with
  571  the initial registration statement:
  572         1. The principal street address and telephone number of the
  573  organization and the street address and telephone numbers of any
  574  offices in this state or, if the charitable organization or
  575  sponsor does not maintain an office in this state, the name,
  576  street address, and telephone number of the person who that has
  577  custody of its financial records. The parent organization that
  578  files a consolidated registration statement on behalf of its
  579  chapters, branches, or affiliates must additionally provide the
  580  street addresses and telephone numbers of all such locations in
  581  this state.
  582         2. The names and street addresses of the officers,
  583  directors, trustees, and the principal salaried executive
  584  personnel.
  585         3. The date when the charitable organization’s or sponsor’s
  586  fiscal year ends.
  587         4. A list or description of the major program activities.
  588         5. The names, street addresses, and telephone numbers of
  589  the individuals or officers who have final responsibility for
  590  the custody of the contributions and who will be responsible for
  591  the final distribution of the contributions.
  592         (7) The department must examine each initial registration
  593  statement or annual renewal statement and the supporting
  594  documents filed by a charitable organization or sponsor and
  595  shall determine whether the registration requirements are
  596  satisfied. Within 15 10 working days after its receipt of a
  597  statement, the department must examine the statement, notify the
  598  applicant of any apparent errors or omissions, and request any
  599  additional information the department is allowed by law to
  600  require. Failure to correct an error or omission or to supply
  601  additional information is not grounds for denial of the initial
  602  registration or annual renewal statement unless the department
  603  has notified the applicant within the 15 10-working-day period.
  604  The department must approve or deny each statement, or must
  605  notify the applicant that the activity for which she or he seeks
  606  registration is exempt from the registration requirement, within
  607  15 10 working days after receipt of the initial registration or
  608  annual renewal statement or the requested additional information
  609  or correction of errors or omissions. A Any statement that is
  610  not approved or denied within 15 10 working days after receipt
  611  of the requested additional information or correction of errors
  612  or omissions is approved. Within 7 working days after receipt of
  613  a notification that the registration requirements are not
  614  satisfied, the charitable organization or sponsor may request a
  615  hearing. The hearing must be held within 7 working days after
  616  receipt of the request, and the any recommended order, if one is
  617  issued, must be rendered within 3 working days of the hearing.
  618  The final order must then be issued within 2 working days after
  619  the recommended order. If a recommended order is not issued, the
  620  final order must be issued within 5 working days after the
  621  hearing. The proceedings must be conducted in accordance with
  622  chapter 120, except that the time limits and provisions set
  623  forth in this subsection prevail to the extent of any conflict.
  624         Section 10. Section 496.406, Florida Statutes, is amended
  625  to read:
  626         496.406 Exemption from registration.—The following
  627  charitable organizations and sponsors are exempt from the
  628  requirements of s. 496.405:
  629         (1) The following charitable organizations and sponsors are
  630  exempt from the requirements of s. 496.405:
  631         (a) A person who is soliciting for a named individual,
  632  provided that all the contributions collected without any
  633  deductions whatsoever are turned over to the beneficiary for her
  634  or his use and provided that the person has complied with the
  635  requirements of s. 496.413.
  636         (b)(2) A charitable organization or sponsor that which
  637  limits solicitation of contributions to the membership of the
  638  charitable organization or sponsor. For the purposes of this
  639  paragraph, the term “membership” does not include those persons
  640  who are granted a membership upon making a contribution as a
  641  result of a solicitation.
  642         (c)(3)A Any division, department, post, or chapter of a
  643  veterans’ service organization granted a federal charter under
  644  Title 36, United States Code.
  645         (d) Charitable organizations or sponsors that have less
  646  than $25,000 in total revenue during a fiscal year, if the
  647  fundraising activities of such organization or sponsor are
  648  carried on by volunteers, members, or officers who are not
  649  compensated and if no part of the assets or income of such
  650  organization or sponsor inures to the benefit of or is paid to
  651  an officer or member of such organization, sponsor, professional
  652  fundraising consultant, professional solicitor, or commercial
  653  co-venturer. If a charitable organization or sponsor that has
  654  less than $25,000 in total revenue during a fiscal year acquires
  655  total revenue in excess of that amount, the charitable
  656  organization or sponsor must register with the department as
  657  required by s. 496.405 within 30 days after the date the revenue
  658  reaches $25,000.
  659         (2) Before soliciting contributions, each charitable
  660  organization or sponsor under paragraph (1)(d) claiming to be
  661  exempt from the registration requirements specified in s.
  662  496.405 shall submit annually to the department, on forms
  663  prescribed by the department:
  664         (a) The name, address, and phone number of the charitable
  665  organization or sponsor, the name under which it intends to
  666  solicit contributions, the purpose for which it is organized,
  667  and the purpose or purposes for which the solicited
  668  contributions will be used.
  669         (b) The tax exempt status of the organization.
  670         (c) The date the organization’s fiscal year ends.
  671         (d) The names, street addresses, and telephone numbers of
  672  the individuals or officers who have final responsibility for
  673  the custody of the contributions and who will be responsible for
  674  the final distribution of the contributions.
  675         (e) A financial statement of support, revenue, and expenses
  676  and a statement of functional expenses which must include, but
  677  need not be limited to, expenses in the following categories:
  678  program, management and general, and fundraising. In lieu of the
  679  financial statement, a charitable organization or sponsor may
  680  submit a copy of its Internal Revenue Service Form 990 with
  681  attached schedules or 990-EZ with Schedule O.
  682         (3) A charitable organization or sponsor claiming to be
  683  exempt from the registration requirements of this chapter shall
  684  submit such information that the department may request to
  685  substantiate an exemption under this section. A charitable
  686  organization or sponsor that fails to submit evidence
  687  satisfactory to the department is not exempt from the
  688  requirements of this chapter. In any proceeding, the burden of
  689  proving an exemption is upon the organization or sponsor
  690  claiming the exemption.
  691         (4) Exemption from the registration requirements of s.
  692  496.405 does not limit the applicability of other provisions of
  693  this section to a charitable organization or sponsor.
  694         Section 11. Subsection (2) of section 496.407, Florida
  695  Statutes, is amended to read:
  696         496.407 Financial report.—
  697         (2) In lieu of the financial report described in subsection
  698  (1), a charitable organization or sponsor may submit a copy of
  699  its Internal Revenue Service Form 990 and all attached schedules
  700  Schedule A filed for the preceding fiscal year, or a copy of its
  701  Form 990-EZ and Schedule O filed for the preceding fiscal year.
  702         Section 12. Subsections (2), (3), and (6) of section
  703  496.409, Florida Statutes, are amended to read:
  704         496.409 Registration and duties of professional fundraising
  705  consultant.—
  706         (2) Applications for registration or renewal of
  707  registration must be submitted on a form prescribed by the
  708  department, signed by an authorized official of the professional
  709  fundraising consultant who shall certify that the report is true
  710  and correct under oath, and must include the following
  711  information:
  712         (a) The street address and telephone number of the
  713  principal place of business of the applicant and a any Florida
  714  street addresses if the principal place of business is located
  715  outside this state.
  716         (b) The form of the applicant’s business.
  717         (c) The names and residence addresses of all principals of
  718  the applicant, including all officers, directors, and owners.
  719         (d) Whether any of the owners, directors, officers, or
  720  employees of the applicant are related as parent, child, spouse,
  721  or sibling to any other directors, officers, owners, or
  722  employees of the applicant; to an any officer, director,
  723  trustee, or employee of a any charitable organization or sponsor
  724  under contract to the applicant; or to a any supplier or vendor
  725  providing goods or services to a any charitable organization or
  726  sponsor under contract to the applicant.
  727         (e) Whether the applicant or any of its officers,
  728  directors, trustees, or employees have, within the last 10
  729  years, regardless of adjudication, been convicted, or found
  730  guilty of, or pled guilty or nolo contendere to, or have been
  731  incarcerated within the last 10 years as a result of having
  732  previously been convicted of, or found guilty of, or pled guilty
  733  or nolo contendere to, a any felony and, if so, the name of such
  734  person, the nature of the offense, the date of the offense, the
  735  court having jurisdiction in the case, the date of conviction or
  736  other disposition, and the disposition of the offense.
  737         (f) Whether the applicant or any of its officers,
  738  directors, trustees, or employees have, regardless of
  739  adjudication, been convicted of, or found guilty of, or pled
  740  guilty or nolo contendere to, or have been incarcerated within
  741  the last 10 years as a result of having previously been
  742  convicted of, or found guilty of, or pled guilty or nolo
  743  contendere to, a crime within the last 10 years involving fraud,
  744  theft, larceny, embezzlement, fraudulent conversion, or
  745  misappropriation of property, or a any crime arising from the
  746  conduct of a solicitation for a charitable organization or
  747  sponsor and, if so, the name of such person, the nature of the
  748  offense, the date of the offense, the court having jurisdiction
  749  in the case, the date of conviction or other disposition, and
  750  the disposition of the offense.
  751         (g) Whether the applicant or any of its officers,
  752  directors, trustees, or employees have been enjoined from
  753  violating a any law relating to a charitable solicitation and,
  754  if so, the name of such person, the date of the injunction, and
  755  the court issuing the injunction.
  756         (3) The application for registration must be accompanied by
  757  a fee of $300. A professional fundraising consultant that which
  758  is a partnership or corporation may register for and pay a
  759  single fee on behalf of all of its partners, members, officers,
  760  directors, agents, and employees. In that case, the names and
  761  street addresses of all the officers, employees, and agents of
  762  the fundraising consultant and all other persons with whom the
  763  fundraising consultant has contracted to work under its
  764  direction must be listed in the application. Each registration
  765  is valid for 1 year or a part of 1 year and expires on March 31
  766  of each year. The registration may be renewed on or before March
  767  31 of each year for additional 1-year periods upon application
  768  to the department and payment of the registration fee.
  769         (6) The department shall examine each registration
  770  statement and supporting documents filed by a professional
  771  fundraising consultant and determine whether the registration
  772  requirements are satisfied. If the department determines that
  773  the registration requirements are not satisfied, the department
  774  must notify the professional fundraising consultant within 15 10
  775  working days after its receipt of the registration statement;
  776  otherwise the registration statement is approved. Within 7
  777  working days after receipt of a notification that the
  778  registration requirements are not satisfied, the applicant may
  779  request a hearing. The hearing must be held within 7 working
  780  days after receipt of the request, and the any recommended
  781  order, if one is issued, must be rendered within 3 working days
  782  after the hearing. The final order must then be issued within 2
  783  working days after the recommended order. If there is no
  784  recommended order, the final order must be issued within 5
  785  working days after the hearing. The proceedings must be
  786  conducted in accordance with chapter 120, except that the time
  787  limits and provisions set forth in this subsection prevail to
  788  the extent of any conflict.
  789         Section 13. Subsections (2), (3), (5), and (8) of section
  790  496.410, Florida Statutes, are amended to read:
  791         496.410 Registration and duties of professional
  792  solicitors.—
  793         (2) Applications for registration or renewal of
  794  registration must be submitted on a form prescribed by rule of
  795  the department, signed by an authorized official of the
  796  professional solicitor who shall certify that the report is true
  797  and correct under oath, and must include the following
  798  information:
  799         (a) The street address and telephone number of the
  800  principal place of business of the applicant and a any Florida
  801  street addresses if the principal place of business is located
  802  outside this state.
  803         (b) The form of the applicant’s business.
  804         (c) The place and date when the applicant, if other than an
  805  individual, was legally established.
  806         (d) The names and residence addresses of all principals of
  807  the applicant, including all officers, directors, and owners.
  808         (e) A statement as to whether any of the owners, directors,
  809  officers, or employees of the applicant are related as parent,
  810  spouse, child, or sibling to any other directors, officers,
  811  owners, or employees of the applicant; to an any officer,
  812  director, trustee, or employee of a any charitable organization
  813  or sponsor under contract to the applicant; or to a any supplier
  814  or vendor providing goods or services to a any charitable
  815  organization or sponsor under contract to the applicant.
  816         (f) A statement as to whether the applicant or any of its
  817  directors, officers, trustees, persons with a controlling
  818  interest in the applicant, or employees or agents involved in
  819  solicitation have, within the last 10 years, regardless of
  820  adjudication, been convicted of, or found guilty of, or pled
  821  guilty or nolo contendere to, or have been incarcerated within
  822  the last 10 years as a result of having previously been
  823  convicted of, or found guilty of, or pled guilty or nolo
  824  contendere to, a any felony and, if so, the name of such person,
  825  the nature of the offense, the date of the offense, the court
  826  having jurisdiction in the case, the date of conviction or other
  827  disposition, and the disposition of the offense.
  828         (g) A statement as to whether the applicant or any of its
  829  directors, officers, trustees, persons with a controlling
  830  interest in the applicant, or employees or agents involved in
  831  solicitation have, regardless of adjudication, been convicted
  832  of, or found guilty of, or pled guilty or nolo contendere to, or
  833  have been incarcerated within the last 10 years as a result of
  834  having previously been convicted of, or found guilty of, or pled
  835  guilty or nolo contendere to, a crime within the last 10 years
  836  involving fraud, theft, larceny, embezzlement, fraudulent
  837  conversion, or misappropriation of property, or a any crime
  838  arising from the conduct of a solicitation for a charitable
  839  organization or sponsor and, if so, the name of such person, the
  840  nature of the offense, the date of the offense, the court having
  841  jurisdiction in the case, the date of conviction or other
  842  disposition, and the disposition of the offense.
  843         (h) A statement as to whether the applicant or any of its
  844  directors, officers, trustees, persons with a controlling
  845  interest in the applicant, or employees or agents involved in
  846  solicitation have been enjoined from violating a any law
  847  relating to a charitable solicitation and, if so, the name of
  848  such person, the date of the injunction, and the court issuing
  849  the injunction.
  850         (i) The names of all persons in charge of any solicitation
  851  activity.
  852         (3) The application for registration must be accompanied by
  853  a fee of $300. A professional solicitor that is a partnership or
  854  corporation may register for and pay a single fee on behalf of
  855  all of its partners, members, officers, directors, agents, and
  856  employees. In that case, the names and street addresses of all
  857  the officers, employees, and agents of the professional
  858  solicitor and all other persons with whom the professional
  859  solicitor has contracted to work under its direction, including
  860  solicitors, must be listed in the application or furnished to
  861  the department within 5 days after the date of employment or
  862  contractual arrangement. Each registration is valid for 1 year
  863  or a part of 1 year and expires on March 31 of each year. The
  864  registration may be renewed on or before March 31 of each year
  865  for an additional 1-year period upon application to the
  866  department and payment of the registration fee.
  867         (5) The department must examine each registration statement
  868  and supporting documents filed by a professional solicitor. If
  869  the department determines that the registration requirements are
  870  not satisfied, the department must notify the professional
  871  solicitor within 15 10 working days after its receipt of the
  872  registration statement; otherwise the registration statement is
  873  approved. Within 7 working days after receipt of a notification
  874  that the registration requirements are not satisfied, the
  875  applicant may request a hearing. The hearing must be held within
  876  7 working days after receipt of the request, and the any
  877  recommended order, if one is issued, must be rendered within 3
  878  working days after the hearing. The final order must then be
  879  issued within 2 working days after the recommended order. If
  880  there is no recommended order, the final order must be issued
  881  within 5 working days after the hearing. The proceedings must be
  882  conducted in accordance with chapter 120, except that the time
  883  limits and provisions set forth in this subsection prevail to
  884  the extent of any conflict.
  885         (8) Within 45 90 days after a solicitation campaign has
  886  been completed and within 45 days after on the anniversary of
  887  the commencement of a solicitation campaign lasting more than 1
  888  year, the professional solicitor must provide to the charitable
  889  organization or sponsor and file with the department a financial
  890  report of the campaign, including the gross revenue received and
  891  an itemization of all expenses incurred. The report must be
  892  completed on a form prescribed by the department and signed by
  893  an authorized official of the professional solicitor who shall
  894  certify under oath that the report is true and correct.
  895         Section 14. Subsections (3) and (6) of section 496.411,
  896  Florida Statutes, are amended to read:
  897         496.411 Disclosure requirements and duties of charitable
  898  organizations and sponsors.—
  899         (3) Every charitable organization or sponsor that which is
  900  required to register under s. 496.405 must conspicuously display
  901  in capital letters the following statement on every printed
  902  solicitation, written confirmation, receipt, or reminder of a
  903  contribution:
  904         (a) Its registration number; and
  905         (b) The following statement written in capital letters
  906  which must include a toll-free telephone number for the division
  907  which can be used to obtain the registration information:
  908  
  909         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
  910         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
  911         CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE
  912         STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT,
  913         APPROVAL, OR RECOMMENDATION BY THE STATE.”
  914  
  915  If The statement must include a toll-free number for the
  916  division that can be used to obtain the registration
  917  information. When the solicitation consists of more than a
  918  single item one piece, the registration number and statement
  919  must be displayed prominently in the solicitation materials.
  920         (6) Each charitable organization or sponsor that is
  921  required to register under s. 496.405 shall conspicuously
  922  display the following information on every printed solicitation,
  923  written confirmation, receipt, or reminder of a contribution:
  924         (a) The organization’s or sponsor’s registration number
  925  issued by the department under this chapter.
  926         (b) The percentage, if any, of each contribution that is
  927  retained by any professional solicitor that has contracted with
  928  the organization or sponsor.
  929         (c) The percentage of each contribution that is received by
  930  the organization or sponsor.
  931  
  932  If the solicitation consists of more than a single item, the
  933  statement shall be displayed prominently in the solicitation
  934  materials.
  935         Section 15. Subsection (2) of section 496.415, Florida
  936  Statutes, is amended to read:
  937         496.415 Prohibited acts.—It is unlawful for any person in
  938  connection with the planning, conduct, or execution of any
  939  solicitation or charitable or sponsor sales promotion to:
  940         (2) Knowingly file false, or misleading, or inaccurate
  941  information in a any document required to be filed with the
  942  department, provided to the public, or in response to a any
  943  request or investigation by the department, the Department of
  944  Legal Affairs, or the State Attorney.
  945         Section 16. Present subsections (4) through (9) of section
  946  496.419, Florida Statutes, are redesignated as subsections (5)
  947  through (10), respectively, a new subsection (4) is added to
  948  that section, and present subsections (4) through (9) are
  949  amended, to read:
  950         496.419 Powers of the department.—
  951         (4) A violation of s. 496.415(3), (5), (6), (10), (12),
  952  (13), or (14) constitutes an immediate threat to the public
  953  health, safety, and welfare and is sufficient grounds for the
  954  department to issue an immediate order to cease and desist all
  955  solicitation activities. The order acts as an immediate final
  956  order under s. 120.569(2)(n) and shall remain in effect until
  957  the violation has been remedied pursuant to this part.
  958         (5)(4) The department may enter an order imposing one or
  959  more of the penalties set forth in subsection (6) (5) if the
  960  department finds that a charitable organization, sponsor,
  961  professional fundraising consultant, or professional solicitor,
  962  or an agent, servant, or employee thereof has:
  963         (a) Violated or is operating in violation of any of the
  964  provisions of ss. 496.401-496.424 or s. 496.426 or of the rules
  965  adopted or orders issued thereunder;
  966         (b) Made a material false statement in an application,
  967  statement, or report required to be filed under ss. 496.401
  968  496.424 or s. 496.426;
  969         (c) Refused or failed, or any of its principal officers has
  970  refused or failed, after notice, to produce the any records of
  971  such organization or to disclose any information required to be
  972  disclosed under ss. 496.401-496.424 or s. 496.426 or the rules
  973  of the department; or
  974         (d) Made a material false statement in response to a any
  975  request or investigation by the department, the Department of
  976  Legal Affairs, or the State Attorney.
  977         (6)(5) Upon a finding as set forth in subsection (5) (4),
  978  the department may enter an order doing one or more of the
  979  following:
  980         (a) Issuing a notice of noncompliance pursuant to s.
  981  120.695;
  982         (b) Issuing a cease and desist order that directs that the
  983  person cease and desist specified fundraising activities;
  984         (c) Refusing to register or canceling or suspending a
  985  registration;
  986         (d) Placing the registrant on probation for a period of
  987  time, subject to such conditions as the department may specify;
  988         (e) Canceling an exemption granted under s. 496.406; and
  989         (f) Imposing an administrative fine not to exceed $1,000
  990  for each act or omission that which constitutes a violation of
  991  ss. 496.401-496.424 or s. 496.426 or a rule or order.
  992  
  993  With respect to a s. 501(c)(3) organization, the penalty imposed
  994  pursuant to this subsection may shall not exceed $500 per
  995  violation. The penalty is shall be the entire amount per
  996  violation and may is not to be interpreted as a daily penalty.
  997         (7)(6) Except as otherwise provided in this section, the
  998  administrative proceedings that could result in the entry of an
  999  order imposing any of the penalties specified in subsection (6)
 1000  (5) are governed by chapter 120, except that the applicable
 1001  provisions and time limits specified in s. 496.405(7), s.
 1002  496.409(6), or s. 496.410(5) apply if the department determines
 1003  that a registration should be refused.
 1004         (8)(7) The department may forward an investigative report
 1005  and supporting documentation of an any investigation conducted
 1006  pursuant to this section to the Department of Legal Affairs. The
 1007  report must identify proposed any administrative actions or
 1008  actions that are proposed or have been commenced by the
 1009  department in accordance with subsection (5) (4).
 1010         (9)(8) The department shall report a any substantiated
 1011  criminal violation of ss. 496.401-496.424 or s. 496.426 to the
 1012  proper prosecuting authority for prompt prosecution.
 1013         (10)(9) All fines collected by the department under
 1014  subsection (6) (5) must be paid into the General Inspection
 1015  Trust Fund.
 1016         Section 17. Subsections (1), (2), and (4) of section
 1017  501.016, Florida Statutes, are amended to read:
 1018         501.016 Health studios; security requirements.—Each health
 1019  studio that sells contracts for health studio services shall
 1020  meet the following requirements:
 1021         (1) Each health studio shall maintain for each separate
 1022  business location a bond issued by a surety company admitted to
 1023  do business in this state. The principal sum of the bond must be
 1024  $25,000 shall be $50,000, and the bond, when required, shall be
 1025  obtained before a business tax receipt may be issued under
 1026  chapter 205. Upon issuance of a business tax receipt, the
 1027  licensing authority shall immediately notify the department of
 1028  such issuance in a manner established by the department by rule.
 1029  The bond shall be in favor of the state for the benefit of any
 1030  person injured as a result of a violation of ss. 501.012
 1031  501.019. The aggregate liability of the surety to all persons
 1032  for all breaches of the conditions of such the bonds may not
 1033  provided herein shall in no event exceed the amount of the bond.
 1034  The original surety bond required by this section shall be filed
 1035  with the department.
 1036         (2) In lieu of maintaining the bond required in subsection
 1037  (1), the health studio may furnish to the department:
 1038         (a) An irrevocable letter of credit from a any foreign or
 1039  domestic bank in the amount of $25,000 $50,000; or
 1040         (b) A guaranty agreement that which is secured by a
 1041  certificate of deposit in the amount of $25,000 $50,000.
 1042  
 1043  The original letter of credit or certificate of deposit
 1044  submitted in lieu of the bond shall be filed with the
 1045  department. The department shall determine decide whether the
 1046  security furnished in lieu of bond by the health studio is in
 1047  compliance with the requirements of this section.
 1048         (4) If the health studio furnishes the department with
 1049  evidence satisfactory to the department that the aggregate
 1050  dollar amount of all current outstanding contracts of the health
 1051  studio is less than $5,000, the department may, at its
 1052  discretion, reduce the principal amount of the surety bond or
 1053  other sufficient financial responsibility required in
 1054  subsections (1) and (2) to a sum of not less than $10,000.
 1055  However, the health studio shall notify the department at any
 1056  time the aggregate dollar amount of such contracts exceeds
 1057  $5,000, the health studio shall so notify the department and
 1058  shall thereupon provide the bond or other documentation as
 1059  required in subsections (1) and (2). Health studios whose bonds
 1060  have been reduced must provide the department with an annually
 1061  updated list of members. The department shall raise the security
 1062  requirement to $25,000 for a health studio that fails Failure to
 1063  file an annual report will result in the department raising the
 1064  security requirement to $50,000.
 1065         Section 18. Subsection (4) of section 501.059, Florida
 1066  Statutes, is amended to read:
 1067         501.059 Telephone solicitation.—
 1068         (4)(a)A No telephone solicitor may not shall make or cause
 1069  to be made any unsolicited telephonic sales call to a any
 1070  residential, mobile, or telephonic paging device telephone
 1071  number if the number for that telephone appears in the then
 1072  current quarterly listing published by the department. A Any
 1073  telephone solicitor or person who offers for sale any consumer
 1074  information that which includes residential, mobile, or
 1075  telephonic paging device telephone numbers, except directory
 1076  assistance and telephone directories sold by telephone companies
 1077  and organizations exempt under s. 501(c)(3) or (6) of the
 1078  Internal Revenue Code, shall screen and exclude those numbers
 1079  that which appear on the division’s then-current “no sales
 1080  solicitation calls” list. This subsection does not apply to a
 1081  any person licensed pursuant to chapter 475 who calls an actual
 1082  or prospective seller or lessor of real property when such call
 1083  is made in response to a yard sign or other form of
 1084  advertisement placed by the seller or lessor.
 1085         (b) A person is in violation of this subsection if the
 1086  person initiates an outbound telephonic sales call to a consumer
 1087  who has previously communicated to the telephone solicitor that
 1088  he or she does not wish to receive an outbound telephone call:
 1089         1. Made by or on behalf of the seller whose goods or
 1090  services are being offered; or
 1091         2. Made by or on behalf of a charitable organization for
 1092  which a charitable contribution is being solicited.
 1093         Section 19. Subsections (1) and (2) of section 501.603,
 1094  Florida Statutes, are amended to read:
 1095         501.603 Definitions.—As used in this part, unless the
 1096  context otherwise requires, the term:
 1097         (1) “Commercial telephone solicitation” means:
 1098         (a) An unsolicited telephone call to a person initiated by
 1099  a commercial telephone seller or salesperson, or an automated
 1100  dialing machine used in accordance with the provisions of s.
 1101  501.059(7) for the purpose of inducing the person to purchase or
 1102  invest in consumer goods or services;
 1103         (b) Other communication with a person where:
 1104         1. A gift, award, or prize is offered; or
 1105         2. A telephone call response is invited; and
 1106         3. The salesperson intends to complete a sale or enter into
 1107  an agreement to purchase or invest in consumer goods or services
 1108  during the course of the telephone call; or
 1109         (c) Other communication with a person which represents a
 1110  price, quality, or availability of consumer goods or services
 1111  and which invites a response by telephone or which is followed
 1112  by a call to the person by a salesperson.
 1113  
 1114  For purposes of this section, “other communication” means a
 1115  written or oral notification or advertisement transmitted
 1116  through any means. Also, for purposes of this section, “invites
 1117  a response by telephone” does not mean the mere listing or
 1118  including of a telephone number in a notification or
 1119  advertisement.
 1120         (2) “Commercial telephone seller” means a any person who
 1121  engages in commercial telephone solicitation on his or her own
 1122  behalf or through salespersons, except that a commercial
 1123  telephone seller does not include any of the persons or entities
 1124  operating under a properly filed and valid affidavit of
 1125  exemption pursuant to exempted from this part by s. 501.604. A
 1126  commercial telephone seller does not include a salesperson as
 1127  defined in subsection (10). A commercial telephone seller
 1128  includes, but is not limited to, owners, operators, officers,
 1129  directors, partners, or other individuals engaged in the
 1130  management activities of a business entity pursuant to this
 1131  part.
 1132         Section 20. Subsections (4), (7), (10), (14), and (24) of
 1133  section 501.604, Florida Statutes, are amended to read:
 1134         501.604 Exemptions.—The provisions of this part, except ss.
 1135  501.608 and 501.616(6) and (7), do not apply to:
 1136         (4) A Any licensed securities, commodities, or investment
 1137  broker, dealer, or investment adviser, when soliciting within
 1138  the scope of his or her license, or a any licensed associated
 1139  person of a securities, commodities, or investment broker,
 1140  dealer, or investment adviser, when soliciting within the scope
 1141  of his or her license. As used in this section, “licensed
 1142  securities, commodities, or investment broker, dealer, or
 1143  investment adviser” means a person subject to license or
 1144  registration as such by the Securities and Exchange Commission,
 1145  by the Financial Industry Regulatory Authority National
 1146  Association of Securities Dealers or other self-regulatory
 1147  organization as defined by the Securities Exchange Act of 1934,
 1148  15 U.S.C. s. 78l, or by an official or agency of this or another
 1149  state or of any state of the United States. As used in this
 1150  section, “licensed associated person of a securities,
 1151  commodities, or investment broker, dealer, or investment
 1152  adviser” means an any associated person registered or licensed
 1153  by the Financial Industry Regulatory Authority National
 1154  Association of Securities Dealers or other self-regulatory
 1155  organization as defined by the Securities Exchange Act of 1934,
 1156  15 U.S.C. s. 78l, or by an official or agency of this or another
 1157  state or of any state of the United States.
 1158         (7) A Any supervised financial institution or parent,
 1159  subsidiary, or affiliate thereof operating within the scope of
 1160  the supervised activity. As used in this section, “supervised
 1161  financial institution” means a any commercial bank, trust
 1162  company, savings and loan association, mutual savings bank,
 1163  credit union, industrial loan company, consumer finance lender,
 1164  commercial finance lender, or insurer, provided that the
 1165  institution is subject to supervision by an official or agency
 1166  of this state, of any state, or of the United States. For the
 1167  purposes of this exemption, “affiliate” means a person who
 1168  directly, or indirectly through one or more intermediaries,
 1169  controls or is controlled by, or is under common control with, a
 1170  supervised financial institution.
 1171         (10) A business-to-business sale where:
 1172         (a) The commercial telephone seller has been lawfully
 1173  operating continuously for at least 3 years under the same
 1174  business name and has at least 50 percent of its dollar volume
 1175  consisting of repeat sales to existing businesses;
 1176         (b) The purchaser business intends to resell or offer for
 1177  purposes of advertisement or as a promotional item the property
 1178  or goods purchased; or
 1179         (c) The purchaser business intends to use the property or
 1180  goods purchased in a recycling, reuse, remanufacturing, or
 1181  manufacturing process.
 1182         (14) A telephone company subject to the provisions of
 1183  chapter 364, or affiliate thereof or its agents, or a
 1184  telecommunications business that which is regulated by the
 1185  Florida Public Service Commission, or a Federal Communications
 1186  Commission licensed cellular telephone company or other bona
 1187  fide radio telecommunication services provider. For the purposes
 1188  of this exemption, “affiliate” means a person who directly, or
 1189  indirectly through one or more intermediaries, controls or is
 1190  controlled by, or is under common control with, a telephone
 1191  company subject to the provisions of chapter 364.
 1192         (24) An entity that Any person which has been lawfully
 1193  providing telemarketing sales services continuously for at least
 1194  5 years under the same ownership and control and that which
 1195  derives 75 percent of its gross telemarketing sales revenues
 1196  from contracts with persons exempted in this section.
 1197         Section 21. Present paragraphs (c) through (h) of
 1198  subsection (1) of section 501.607, Florida Statutes, are
 1199  redesignated as paragraphs (b) through (g), respectively, and
 1200  present paragraph (b) of subsection (1) of that section is
 1201  amended, to read:
 1202         501.607 Licensure of salespersons.—
 1203         (1) An applicant for a license as a salesperson must submit
 1204  to the department, in such form as it prescribes, a written
 1205  application for a license. The application must set forth the
 1206  following information:
 1207         (b) Each business or occupation engaged in by the applicant
 1208  during the 3 years immediately preceding the date of the
 1209  application, and the location thereof.
 1210         Section 22. Paragraph (b) of subsection (1) and subsections
 1211  (2) and (3) of section 501.608, Florida Statutes, are amended to
 1212  read:
 1213         501.608 License or affidavit of exemption; occupational
 1214  license.—
 1215         (1)
 1216         (b) A Any commercial telephone seller that claims claiming
 1217  to be exempt from the act under s. 501.604(2), (3), (5), (6),
 1218  (9), (10), (11), (12), (17), (21), (22), (24), or (26) must file
 1219  with the department a notarized affidavit of exemption. The
 1220  affidavit of exemption must be on forms prescribed by the
 1221  department and must require the name of the commercial telephone
 1222  seller, the name of the business, and the business address. A
 1223  Any commercial telephone seller that maintains maintaining more
 1224  than one business may file a single notarized affidavit of
 1225  exemption that clearly indicates the location of each place of
 1226  business. If a change of ownership occurs, the commercial
 1227  telephone seller must notify the department. At the request of
 1228  the department, the commercial telephone seller shall provide
 1229  sales scripts, contracts, and other documentation in order to
 1230  determine if the affidavit of exemption is appropriate before
 1231  accepting such affidavit for filing.
 1232         (2) Each licensee or person operating under a valid and
 1233  appropriately filed exemption claiming an exemption shall
 1234  prominently display his or her license or a copy of his or her
 1235  receipt of filing of the affidavit of exemption at each location
 1236  where he or she does business. Each licensee or person claiming
 1237  an exemption shall make the license or the receipt of filing
 1238  copy of the affidavit of exemption available for inspection upon
 1239  request by a by any governmental agency upon request.
 1240         (3) Failure to obtain or display a license or a copy of the
 1241  receipt of filing of an affidavit of exemption is sufficient
 1242  grounds for the department to issue an immediate cease and
 1243  desist order, which acts shall act as an immediate final order
 1244  under s. 120.569(2)(n). The order shall may remain in effect
 1245  until the commercial telephone seller or a person claiming to be
 1246  exempt shows the authorities that he or she is properly licensed
 1247  or exempt. The department may order the business to cease
 1248  operations and shall order the phones to be shut off. Failure of
 1249  a salesperson to display a license or the receipt of filing of
 1250  an affidavit of exemption may result in the salesperson being
 1251  summarily ordered by the department to leave the office until he
 1252  or she can produce a license or a receipt of filing of an
 1253  affidavit of exemption for the department.
 1254         Section 23. Subsection (3) of section 501.611, Florida
 1255  Statutes, is amended to read:
 1256         501.611 Security.—
 1257         (3) The bond shall be posted with the department and must
 1258  remain in force throughout the period of licensure with the
 1259  department.
 1260         Section 24. Subsection (12) of section 501.615, Florida
 1261  Statutes, is amended to read:
 1262         501.615 Written contract; cancellation; refund.—
 1263         (12) A sale in which the consumer is given a full refund
 1264  for the return of undamaged and unused goods or in which a
 1265  cancellation of services notice is given to the seller within 7
 1266  days after the date of the sale is exempt from the requirements
 1267  of subsections (1)-(5). A commercial telephone seller or
 1268  salesperson engaged in activity regulated by chapter 721 must
 1269  comply with s. 721.205 Exempt from the requirements of
 1270  subsections (1)-(5) is any sale in which the consumer is given a
 1271  full refund for the return of undamaged and unused goods or a
 1272  cancellation of services notice is given to the seller, within 7
 1273  days after receipt of the goods or services by the consumer, and
 1274  the seller shall process the refund within 30 days after receipt
 1275  of the returned merchandise by the consumer.
 1276         Section 25. Subsection (1) of section 501.617, Florida
 1277  Statutes, is amended to read:
 1278         501.617 Investigative powers of enforcing authority.—
 1279         (1) If, by her or his own inquiries or as a result of
 1280  complaints, the enforcing authority has reason to believe that a
 1281  person has engaged in, or is engaging in, an act or practice
 1282  that violates the provisions of this part, she or he may
 1283  administer oaths and affirmations, subpoena witnesses or matter,
 1284  conduct regulatory inspections, and collect evidence. Within 10
 1285  days after the service of a subpoena or at any time before the
 1286  return date specified therein, whichever is longer, the party
 1287  served may file in the circuit court in the county in which she
 1288  or he resides or in which she or he transacts business and serve
 1289  upon the enforcing authority a petition for an order modifying
 1290  or setting aside the subpoena. The petitioner may raise an any
 1291  objection or privilege that which would be available under this
 1292  part or upon service of such subpoena in a civil action. The
 1293  subpoena must shall inform the party served of her or his rights
 1294  under this subsection.
 1295         Section 26. Subsection (10) is added to section 507.03,
 1296  Florida Statutes, to read:
 1297         507.03 Registration.—
 1298         (10) Upon the request of the department, each moving broker
 1299  shall provide a complete list of the movers it has contracted or
 1300  affiliated with, advertises on behalf of, arranges moves for, or
 1301  to which it refers shippers. Such list, at a minimum, must
 1302  include the mover’s complete name, address, telephone number,
 1303  email address, and name of the owner or other principal.
 1304         Section 27. Subsections (7) and (8) are added to section
 1305  507.07, Florida Statutes, to read:
 1306         507.07 Violations.—It is a violation of this chapter to:
 1307         (7) Conduct business as a moving broker, advertise to
 1308  engage in the business of a moving broker, or offer to perform a
 1309  move through a subcontract or agreement with a mover who is not
 1310  registered with the department under this part.
 1311         (8) Conduct business as a mover, advertise to engage in the
 1312  business of moving, or offer to perform a move through a
 1313  subcontract or agreement with a moving broker who is not
 1314  registered with the department pursuant to the provisions on
 1315  this part.
 1316         Section 28. Paragraph (c) of subsection (1) of section
 1317  525.01, Florida Statutes, is amended to read:
 1318         525.01 Gasoline and oil to be inspected.—
 1319         (1) For the purpose of this chapter:
 1320         (c) “Alternative fuel” means:
 1321         1. Methanol, denatured ethanol, or other alcohols;
 1322         2. Mixtures of gasoline or other fuels with methanol,
 1323  denatured ethanol, or other alcohols Mixtures containing 85
 1324  percent or more by volume of methanol, denatured ethanol, or
 1325  other alcohols with gasoline or other fuels, or such other
 1326  percentage, but not less than 70 percent, as determined by the
 1327  department by rule, to provide for requirements relating to cold
 1328  start, safety, or vehicle functions;
 1329         3. Hydrogen;
 1330         4. Coal-derived liquid fuels; and
 1331         5. Fuels, other than alcohol, derived from biological
 1332  materials.
 1333         Section 29. Subsections (2) through (4) of section 525.09,
 1334  Florida Statutes, are repealed.
 1335         Section 30. Section 525.10, Florida Statutes, is amended to
 1336  read:
 1337         525.10 Moneys to be paid into State Treasury; Payment of
 1338  expenses.—All moneys payable under this chapter shall be payable
 1339  to the department and shall be paid by it into the State
 1340  Treasury monthly to be deposited into the General Inspection
 1341  Trust Fund. All expenses incurred in the enforcement of this
 1342  chapter and other inspection laws of this state for which fees
 1343  or taxes are collected, including acquiring equipment and other
 1344  property, shall be paid from the General Inspection Trust Fund.
 1345  No money may shall be paid to an any inspector or employee
 1346  created under this chapter except from the funds collected from
 1347  the administration of this chapter.
 1348         Section 31. Present subsections (3) and (4) of section
 1349  525.16, Florida Statutes, are renumbered as subsections (4) and
 1350  (5), respectively, and a new subsection (3) is added to that
 1351  section, to read:
 1352         525.16 Administrative fine; penalties; prosecution of cases
 1353  by state attorney.—
 1354         (3) Entities that sell, offer for sale, distribute, or
 1355  offer for distribution petroleum or alternative fuels shall
 1356  ensure that their activities result in petroleum fuels that meet
 1357  all requirements and standards adopted under s 525.14. A
 1358  terminal supplier, wholesaler, or blender licensed under chapter
 1359  206 is not liable for injuries or damages resulting from the
 1360  subsequent blending of petroleum or alternative fuels occurring
 1361  after the transfer of ownership of such fuels from the terminal
 1362  supplier, wholesaler, or blender if the petroleum or alternative
 1363  fuels used to make the petroleum fuel at issue met the standards
 1364  and requirements adopted by rule of the department under s.
 1365  525.14 while under ownership of the terminal supplier,
 1366  wholesaler, or blender.
 1367         Section 32. Present subsection (7) of section 526.141,
 1368  Florida Statutes, is renumbered as subsection (8), and a new
 1369  subsection (7) is added to that section, to read:
 1370         526.141 Self-service gasoline stations; attendants;
 1371  regulations.—
 1372         (7) A refiner, terminal supplier, wholesaler, or retailer
 1373  is not liable for damages caused by the use of incompatible
 1374  motor fuel dispensed at a retail site if:
 1375         (a) The incompatible fuel meets the standards adopted under
 1376  s. 525.14;
 1377         (b) The incompatible fuel is selected by the purchaser; and
 1378         (c) The retail dispenser from which the incompatible fuel
 1379  is dispensed was properly labeled with regard to the
 1380  incompatible fuel pursuant to labeling requirements adopted
 1381  under s. 525.14.
 1382         Section 33. Subsection (20) is added to section 527.01,
 1383  Florida Statutes, to read:
 1384         527.01 Definitions.—As used in this chapter:
 1385         (20) “License year” means the period from either September
 1386  1 through the following August 31, or April 1 through the
 1387  following March 31, depending upon the type of license.
 1388         Section 34. Subsections (1) and (3) and paragraphs (a) and
 1389  (c) of subsection (5) of section 527.0201, Florida Statutes, are
 1390  amended to read:
 1391         527.0201 Qualifiers; master qualifiers; examinations.—
 1392         (1) In addition to the requirements of s. 527.02, a any
 1393  person applying for a license to engage in the activities of a
 1394  pipeline system operator, category I liquefied petroleum gas
 1395  dealer, category II liquefied petroleum gas dispenser, category
 1396  IV liquefied petroleum gas dispenser and recreational vehicle
 1397  servicer, category V liquefied petroleum gases dealer for
 1398  industrial uses only, LP gas installer, specialty installer,
 1399  requalifier requalification of cylinders, or fabricator,
 1400  repairer, and tester of vehicles and cargo tanks must prove
 1401  competency by passing a written examination administered by the
 1402  department or its agent with a grade of at least 75 percent in
 1403  each area tested or above. Each applicant for examination shall
 1404  submit a $20 nonrefundable fee. The department shall by rule
 1405  specify the general areas of competency to be covered by each
 1406  examination and the relative weight to be assigned in grading
 1407  each area tested.
 1408         (3) Qualifier cards issued to category I liquefied
 1409  petroleum gas dealers and liquefied petroleum gas installers
 1410  shall expire 3 years after the date of issuance. All category I
 1411  liquefied petroleum gas dealer qualifiers and liquefied
 1412  petroleum gas installer qualifiers holding a valid qualifier
 1413  card upon the effective date of this act shall retain their
 1414  qualifier status until July 1, 2003, and may sit for the master
 1415  qualifier examination at any time during that time period. All
 1416  such category I liquefied petroleum gas dealer qualifiers and
 1417  liquefied petroleum gas installer qualifiers may renew their
 1418  qualification on or before July 1, 2003, upon application to the
 1419  department, payment of a $20 renewal fee, and documentation of
 1420  the completion of a minimum of 16 12 hours approved continuing
 1421  education courses, as defined by department rule, during the
 1422  previous 3-year period. Applications for renewal must be made 30
 1423  calendar days before prior to expiration. Persons failing to
 1424  renew before prior to the expiration date must reapply and take
 1425  a qualifier competency examination in order to reestablish
 1426  category I liquefied petroleum gas dealer qualifier and
 1427  liquefied petroleum gas installer qualifier status. If a
 1428  category I liquefied petroleum gas qualifier or liquefied
 1429  petroleum gas installer qualifier becomes a master qualifier at
 1430  any time during the effective date of the qualifier card, the
 1431  card remains shall remain in effect until expiration of the
 1432  master qualifier certification.
 1433         (5) In addition to all other licensing requirements, each
 1434  category I liquefied petroleum gas dealer and liquefied
 1435  petroleum gas installer must, at the time of application for
 1436  licensure, identify to the department one master qualifier who
 1437  is a full-time employee at the licensed location. The master
 1438  qualifier must This person shall be a manager, owner, or
 1439  otherwise primarily responsible for overseeing the operations of
 1440  the licensed location and must provide documentation to the
 1441  department as provided by rule. The master qualifier requirement
 1442  is shall be in addition to the requirements of subsection (1).
 1443         (a) In order to apply for certification as a master
 1444  qualifier, each applicant must be a category I liquefied
 1445  petroleum gas dealer qualifier or liquefied petroleum gas
 1446  installer qualifier, must be employed by a licensed category I
 1447  liquefied petroleum gas dealer, liquefied petroleum gas
 1448  installer, or applicant for such license, must provide
 1449  documentation of a minimum of 1 year’s work experience in the
 1450  gas industry, and must pass a master qualifier competency
 1451  examination. Master qualifier examinations shall be based on
 1452  Florida’s laws, rules, and adopted codes governing liquefied
 1453  petroleum gas safety, general industry safety standards, and
 1454  administrative procedures. The applicant must pass the
 1455  examination must be successfully completed by the applicant with
 1456  a grade of at least 75 percent or more. Each applicant for
 1457  master qualifier status shall submit to the department a
 1458  nonrefundable $30 examination fee before prior to the
 1459  examination.
 1460         (c) Master qualifier status expires shall expire 3 years
 1461  after the date of issuance of the certificate and may be renewed
 1462  by submission to the department of documentation of completion
 1463  of at least 16 12 hours of approved continuing education courses
 1464  during the 3-year period; proof of employment with a licensed
 1465  category I liquefied petroleum gas dealer, liquefied petroleum
 1466  gas installer, or applicant; and a $30 certificate renewal fee.
 1467  The department shall define, by rule, approved courses of
 1468  continuing education.
 1469         Section 35. Section 527.03, Florida Statutes, is amended to
 1470  read:
 1471         527.03 Annual renewal of license.—All licenses required
 1472  under this chapter shall be renewed annually subject to the
 1473  license fees prescribed in s. 527.02. With the exception of the
 1474  Category III Liquefied Petroleum Gas Cylinder Exchange Operator
 1475  license and the Dealer in Appliances and Equipment for Use of
 1476  Liquefied Petroleum Gas license, all licenses shall be renewed
 1477  for the period beginning September 1 and shall expire on the
 1478  following August 31 unless sooner suspended, revoked, or
 1479  otherwise terminated. All Category III Liquefied Petroleum Gas
 1480  Cylinder Exchange Operator licenses and Dealer in Appliances and
 1481  Equipment for Use of Liquefied Petroleum Gas licenses shall be
 1482  renewed for the period beginning April 1 and expire on the
 1483  following March 31 unless sooner suspended, revoked, or
 1484  otherwise terminated. A Any license allowed to expire becomes on
 1485  August 31 shall become inoperative because of failure to renew.
 1486  The fee for restoration of a license is equal to the original
 1487  license fee and must be paid before the licensee may resume
 1488  operations.
 1489         Section 36. Subsection (3) of section 531.415, Florida
 1490  Statutes, is amended to read:
 1491         531.415 Fees.—
 1492         (3) Any petroleum product taxed under s. 525.09 and any
 1493  Petroleum equipment that is used to measure petroleum fuel, as
 1494  defined in s. 525.01, and owned by a person licensed pursuant to
 1495  chapter 206 is exempt from the fees established in this section.
 1496         Section 37. Subsection (3) of section 531.61, Florida
 1497  Statutes, is amended to read:
 1498         531.61 Exemptions from permit requirement.—Commercial
 1499  weights or measures instruments or devices are exempt from the
 1500  permit requirements of ss. 531.60-531.66 if:
 1501         (3) The device is used exclusively for measuring aviation
 1502  fuel or petroleum products inspected taxed under chapter 525 s.
 1503  525.09.
 1504         Section 38. Section 40 of chapter 2009-66, Laws of Florida,
 1505  is amended to read:
 1506         Section 40. Sections 531.60, 531.61, 531.62, 531.63,
 1507  531.64, 531.65, and 531.66, Florida Statutes, as created by this
 1508  act, shall expire July 1, 2020 2014.
 1509         Section 39. Paragraph (c) of subsection (5) of section
 1510  539.001, Florida Statutes, is amended to read:
 1511         539.001 The Florida Pawnbroking Act.—
 1512         (5) APPLICATION FOR LICENSE.—
 1513         (c) Each initial application for a license must be
 1514  accompanied by a complete set of fingerprints taken by an
 1515  authorized law enforcement officer or a fingerprinting service
 1516  provider approved by the Department of Law Enforcement, $300 for
 1517  the first year’s license fee, and the actual cost to the agency
 1518  for fingerprint analysis for each person subject to the
 1519  eligibility requirements. The agency shall submit the
 1520  fingerprints to the Department of Law Enforcement for state
 1521  processing, and the Department of Law Enforcement shall forward
 1522  the fingerprints to the Federal Bureau of Investigation for a
 1523  national criminal history check. These fees and costs are not
 1524  refundable.
 1525         Section 40. Subsection (1) of section 559.802, Florida
 1526  Statutes, is amended to read:
 1527         559.802 Franchises; exemption.—
 1528         (1) The sale of a franchise is exempt from this part if:
 1529         (a) The franchise meets the definition of that term as
 1530  defined by the Federal Trade Commission regulations entitled,
 1531  “Disclosure Requirements and Prohibitions Concerning Franchising
 1532  and Business Opportunity Ventures,” as set forth in 16 C.F.R.
 1533  ss. 436.1 et seq.; and
 1534         (b) Before offering for sale or selling a franchise to be
 1535  located in this state or to a resident of this state, the
 1536  franchisor files a notice with the department stating that the
 1537  franchisor is in substantial compliance with the requirements of
 1538  the Federal Trade Commission rule, and pays a fee in an amount
 1539  set by the department, not exceeding $100. This notice shall be
 1540  filed on a form promulgated by the department.
 1541         Section 41. Section 559.803, Florida Statutes, is amended
 1542  to read:
 1543         559.803 Disclosure statement.—At least 3 working days prior
 1544  to the time the purchaser signs a business opportunity contract,
 1545  or at least 3 working days prior to the receipt of any
 1546  consideration by the seller, whichever occurs first, the seller
 1547  must provide the prospective purchaser a written document, the
 1548  cover sheet of which is entitled in at least 12-point boldfaced
 1549  capital letters “DISCLOSURES REQUIRED BY FLORIDA LAW.” Under
 1550  this title shall appear the following statement in at least 10
 1551  point type: “The State of Florida has not reviewed and does not
 1552  approve, recommend, endorse, or sponsor any business
 1553  opportunity. The information contained in this disclosure has
 1554  not been verified by the state. If you have any questions about
 1555  this investment, see an attorney before you sign a contract or
 1556  agreement.” Nothing except the title and required statement
 1557  shall appear on the cover sheet. Immediately following the cover
 1558  sheet, the seller must provide an index page that briefly lists
 1559  the contents of the disclosure document as required in this
 1560  section and any pages on which the prospective purchaser can
 1561  find each required disclosure. At the top of the index page, the
 1562  following statement must appear in at least 10-point type: “The
 1563  State of Florida requires sellers of business opportunities to
 1564  disclose certain information to prospective purchasers. This
 1565  index is provided to help you locate this information.” If the
 1566  index contains other information not required by this section,
 1567  the seller shall place a designation beside each of the
 1568  disclosures required by this section and provide an explanation
 1569  of the designation at the end of the statement at the top of the
 1570  index page. The disclosure document shall contain the following
 1571  information:
 1572         (1) The name of the seller; whether the seller is doing
 1573  business as an individual, partnership, corporation, or other
 1574  business entity; the names under which the seller has done
 1575  business; and the name of any parent or affiliated company that
 1576  will engage in business transactions with the purchasers or who
 1577  takes responsibility for statements made by the seller.
 1578         (2) The names, addresses, and titles of the seller’s
 1579  officers, directors, trustees, general partners, general
 1580  managers, and principal executives and of any other persons
 1581  charged with the responsibility for the seller’s business
 1582  activities relating to the sale of business opportunities.
 1583         (3) The length of time the seller has:
 1584         (a) Sold business opportunities; or
 1585         (b) Sold business opportunities involving the products,
 1586  equipment, supplies, or services currently being offered to the
 1587  purchaser.
 1588         (4) A full and detailed description of the actual services
 1589  that the business opportunity seller undertakes to perform for
 1590  the purchaser.
 1591         (5) A copy of a current (not older than 13 months)
 1592  financial statement of the seller, updated to reflect material
 1593  changes in the seller’s financial condition.
 1594         (6) If training is promised by the seller, a complete
 1595  description of the training, the length of the training, and the
 1596  cost or incidental expenses of that training, which cost or
 1597  expense the purchaser will be required to incur.
 1598         (7) If the seller promises services to be performed in
 1599  connection with the placement of the equipment, product, or
 1600  supplies at a location, the full nature of those services as
 1601  well as the nature of the agreements to be made with the owners
 1602  or managers of the location where the purchaser’s equipment,
 1603  product, or supplies will be placed.
 1604         (8) If the business opportunity seller is required to
 1605  secure a bond, guaranteed letter of credit, or certificate of
 1606  deposit pursuant to s. 559.807, either of the following
 1607  statements:
 1608         (a) “As required by Florida law, the seller has secured a
 1609  bond issued by ...., a surety company authorized to do business
 1610  in this state. Before signing a contract to purchase this
 1611  business opportunity, you should confirm the bond’s status with
 1612  the surety company.”; or
 1613         (b) “As required by Florida law, the seller has established
 1614  a guaranteed letter of credit or certificate of deposit
 1615  ...(number of account)... with ...(name and address of bank or
 1616  savings institution).... Before signing a contract to purchase
 1617  this business opportunity, you should confirm with the bank or
 1618  savings institution the current status of the guaranteed letter
 1619  of credit or certificate of deposit.”
 1620         (9) The following statement: “If the seller fails to
 1621  deliver the product, equipment, or supplies necessary to begin
 1622  substantial operation of the business within 45 days of the
 1623  delivery date stated in your contract, you may notify the seller
 1624  in writing and cancel your contract.”
 1625         (10) If the seller makes any statement concerning sales or
 1626  earnings or a range of sales or earnings that may be made
 1627  through this business opportunity, a statement disclosing:
 1628         (a) The total number of purchasers of business
 1629  opportunities involving the product, equipment, supplies, or
 1630  services being offered who have actually achieved sales of or
 1631  received earnings in the amount or range specified within 3
 1632  years prior to the date of the disclosure statement.
 1633         (b) The total number of purchasers of business
 1634  opportunities involving the product, equipment, supplies, or
 1635  services being offered within 3 years prior to the date of the
 1636  disclosure statement.
 1637         (11)(a) The total number of persons who purchased the
 1638  business opportunity being offered by the seller within the past
 1639  3 years.
 1640         (b) The names, addresses, and telephone numbers of the 10
 1641  persons who previously purchased the business opportunity from
 1642  the seller and who are geographically closest to the potential
 1643  purchaser.
 1644         (12) A statement disclosing who, if any, of the persons
 1645  listed in subsections (1) and (2):
 1646         (a) Has, at any time during the previous 10 fiscal years,
 1647  regardless of adjudication, been convicted of, or found guilty
 1648  of, or pled guilty or nolo contendere to, or has been
 1649  incarcerated within the last 10 years as a result of having
 1650  previously been convicted of, or found guilty of, or pled guilty
 1651  or nolo contendere to, a felony or a crime involving fraud,
 1652  theft, larceny, violation of any franchise or business
 1653  opportunity law or unfair or deceptive practices law,
 1654  embezzlement, fraudulent conversion, misappropriation of
 1655  property, or restraint of trade.
 1656         (b) Has, at any time during the previous 7 fiscal years,
 1657  been held liable in a civil action resulting in a final judgment
 1658  or has settled out of court any civil action or is a party to
 1659  any civil action involving allegations of fraud (including
 1660  violation of any franchise or business opportunity law or unfair
 1661  or deceptive practices law), embezzlement, fraudulent
 1662  conversion, misappropriation of property, or restraint of trade
 1663  or any civil action which was brought by a present or former
 1664  franchisee or franchisees and which involves or involved the
 1665  franchise relationship. However, only material individual civil
 1666  actions need be so listed pursuant to this paragraph, including
 1667  any group of civil actions which, irrespective of the
 1668  materiality of any single such action, in the aggregate is
 1669  material.
 1670         (c) Is subject to any currently effective state or federal
 1671  agency or court injunctive or restrictive order, or has been
 1672  subject to any administrative action in which an order by a
 1673  governmental agency was rendered, or is a party to a proceeding
 1674  currently pending in which such order is sought, relating to or
 1675  affecting business opportunities activities or the business
 1676  opportunity seller-purchaser relationship or involving fraud
 1677  (including violation of any franchise or business opportunity
 1678  law or unfair or deceptive practices law), embezzlement,
 1679  fraudulent conversion, misappropriation of property, or
 1680  restraint of trade.
 1681  
 1682  Such statement shall set forth the identity and location of the
 1683  court or agency; the date of conviction, judgment, or decision;
 1684  the penalty imposed; the damages assessed; the terms of
 1685  settlement or the terms of the order; and the date, nature, and
 1686  issuer of each such order or ruling. A business opportunity
 1687  seller may include a summary opinion of counsel as to any
 1688  pending litigation, but only if counsel’s consent to the use of
 1689  such opinion is included in the disclosure statement.
 1690         (13) A statement disclosing who, if any, of the persons
 1691  listed in subsections (1) and (2) at any time during the
 1692  previous 7 fiscal years has:
 1693         (a) Filed in bankruptcy.
 1694         (b) Been adjudged bankrupt.
 1695         (c) Been reorganized due to insolvency.
 1696         (d) Been a principal, director, executive officer, or
 1697  partner of any other person that has so filed or was so adjudged
 1698  or reorganized during or within 1 year after the period that
 1699  such person held such position in relation to such other person.
 1700  If so, the name and location of the person having so filed or
 1701  having been so adjudged or reorganized, the date thereof, and
 1702  any other material facts relating thereto shall be set forth.
 1703         (14) A copy of the business opportunity contract which the
 1704  seller uses as a matter of course and which is to be presented
 1705  to the purchaser at closing.
 1706  
 1707  Should any seller of business opportunities prepare a disclosure
 1708  statement pursuant to 16 C.F.R. ss. 436.1 et seq., a Trade
 1709  Regulation Rule of the Federal Trade Commission regarding
 1710  Disclosure Requirements and Prohibitions Concerning Franchising
 1711  and Business Opportunity Ventures, the seller may file that
 1712  disclosure statement in lieu of the document required pursuant
 1713  to this section. Should the seller be required pursuant to 16
 1714  C.F.R. to prepare any other documents to be presented to the
 1715  prospective purchaser, those documents shall also be filed with
 1716  the department.
 1717         Section 42. Section 559.805, Florida Statutes, is repealed.
 1718         Section 43. Subsection (2) of section 559.807, Florida
 1719  Statutes, is repealed.
 1720         Section 44. Present subsections (3) through (7) of section
 1721  559.813, Florida Statutes, are redesignated as subsections (2)
 1722  through (6), respectively, and present subsections (2), (5), and
 1723  (8) of that section are amended, to read:
 1724         559.813 Remedies; enforcement.—
 1725         (2)(a) The department may enter an order imposing one or
 1726  more of the penalties set forth in paragraph (b) if the
 1727  department finds that a seller or any of the seller’s principal
 1728  officers or agents:
 1729         1. Violated or is operating in violation of any of the
 1730  provisions of this part or of the rules adopted or orders issued
 1731  thereunder;
 1732         2. Made a material false statement in any application,
 1733  document, or record required to be submitted or retained under
 1734  this part;
 1735         3. Refused or failed, after notice, to produce any document
 1736  or record or disclose any information required to be produced or
 1737  disclosed under this part or the rules of the department;
 1738         4. Made a material false statement in response to any
 1739  request or investigation by the department, the Department of
 1740  Legal Affairs, or the state attorney; or
 1741         5. Has intentionally defrauded the public through dishonest
 1742  or deceptive means.
 1743         (b) Upon a finding as set forth in paragraph (a), the
 1744  department may enter an order doing one or more of the
 1745  following:
 1746         1. Issuing a notice of noncompliance pursuant to s.
 1747  120.695.
 1748         2. Imposing an administrative fine not to exceed $5,000 per
 1749  violation for each act which constitutes a violation of this
 1750  part or a rule or order.
 1751         3. Directing that the seller or its principal officers or
 1752  agents cease and desist specified activities.
 1753         4. Refusing to issue or revoking or suspending an
 1754  advertisement identification number.
 1755         5. Placing the registrant on probation for a period of
 1756  time, subject to such conditions as the department may specify.
 1757         (c) The administrative proceedings which could result in
 1758  the entry of an order imposing any of the penalties specified in
 1759  paragraph (b) shall be conducted in accordance with chapter 120.
 1760         (4)(5) The Department of Legal Affairs, the Department of
 1761  Agriculture and Consumer Services, or the state attorney, if a
 1762  violation of this part occurs in her or his judicial circuit, is
 1763  are the enforcing authority authorities for purposes of this
 1764  part, and they may bring civil actions in circuit court for
 1765  temporary or permanent injunctive relief and may seek other
 1766  appropriate civil relief, including, but not limited to, a civil
 1767  penalty not to exceed $5,000 for each violation, restitution and
 1768  damages for injured purchasers of business opportunities, and
 1769  court costs and reasonable attorney attorney’s fees.
 1770         (8) The department has the authority to adopt rules
 1771  pursuant to chapter 120 to implement this part.
 1772         Section 45. Section 559.815, Florida Statutes, is amended
 1773  to read:
 1774         559.815 Penalties.—A Any person who fails to file with the
 1775  department as required by s. 559.805 or who commits an act
 1776  described in s. 559.809 is guilty of a felony of the third
 1777  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1778  775.084.
 1779         Section 46. Subsection (1) of section 559.9221, Florida
 1780  Statutes, is amended to read:
 1781         559.9221 Motor Vehicle Repair Advisory Council.—The Motor
 1782  Vehicle Repair Advisory Council is created to advise and assist
 1783  the department in carrying out this part.
 1784         (1) The membership of the council may not exceed 9 11
 1785  members appointed by the Commissioner of Agriculture.
 1786         (a) Six Eight industry members of the council must be
 1787  chosen from individuals already engaged in the motor vehicle
 1788  repair business who are eligible to be registered under this
 1789  part. The professional members of this council must be licensed
 1790  under this part. The commissioner shall select one industry
 1791  member from each of the following categories:
 1792         1. Independent automotive mechanics shops.
 1793         2. Franchise or company-owned automotive mechanics shops.
 1794         3. Automotive Independent automotive collision shops.
 1795         4. Franchise or company-owned automotive collision shops.
 1796         4.5.Tire dealers Independent tire dealer.
 1797         6. Franchise or company-owned tire dealer.
 1798         5.7. Independent motor vehicle dealers dealer licensed
 1799  under s. 320.27.
 1800         6.8. Franchise motor vehicle dealers dealer licensed under
 1801  s. 320.27.
 1802         (b) One member of the council may be chosen from persons
 1803  already engaged in motor vehicle repair service.
 1804         (c) Two consumer members of the council must be residents
 1805  of this state and may must not be connected with the motor
 1806  vehicle repair business.
 1807         (d) As terms of the members expire, the commissioner shall
 1808  appoint successors for terms of 4 years. Members shall serve
 1809  from the time of their appointment until their successors are
 1810  appointed.
 1811         Section 47. Paragraphs (a) and (b) of subsection (9) of
 1812  section 616.242, Florida Statutes, are amended to read:
 1813         616.242 Safety standards for amusement rides.—
 1814         (9) INSURANCE REQUIREMENTS.—
 1815         (a) An owner may not operate an amusement ride unless the
 1816  owner has in effect, at all times of operation, an insurance
 1817  meeting the following requirements:
 1818         1. An insurance policy in an amount of not less than $1
 1819  million per occurrence, $1 million in the aggregate, which
 1820  insures the owner of the amusement ride against liability for
 1821  injury to persons arising out of the use of the amusement ride.;
 1822  or
 1823         2. A bond in a like amount; however, the aggregate
 1824  liability of the surety under the bond may not exceed the face
 1825  amount thereof.
 1826         (b) The policy or bond must be procured from an insurer or
 1827  surety that is licensed to transact business in this state or
 1828  that is approved as a surplus lines insurer.
 1829         Section 48. Subsection (9) is added to section 721.20,
 1830  Florida Statutes, to read:
 1831         721.20 Licensing requirements; suspension or revocation of
 1832  license; exceptions to applicability; collection of advance fees
 1833  for listings unlawful.—
 1834         (9) A person who meets the definition of a commercial
 1835  telephone seller or salesperson as defined in s. 501.603 must be
 1836  licensed under part IV of chapter 501 before doing business in
 1837  this state under this chapter.
 1838         Section 49. If any provision of this act or its application
 1839  to any person or circumstance is held invalid, the invalidity
 1840  does not affect other provisions or applications of the act
 1841  which can be given effect without the invalid provision or
 1842  application, and to this end the provisions of this act are
 1843  severable.
 1844         Section 50. This act shall take effect July 1, 2013.