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House Bill 1619

Florida House of Representatives - 1997 HB 1619 By the Committee on Business Regulation & Consumer Affairs and Representatives Ogles, Brown, Dockery, Chestnut, Martinez, Lynn and Crist 1 A bill to be entitled 2 An act relating to consumer protection; 3 amending ss. 496.405, 496.419, 496.420, and 4 496.424, F.S.; revising the provisions of the 5 Solicitation of Contributions Act to revise the 6 authority of the Department of Agriculture and 7 Consumer Services to make rules; establishing a 8 fee; providing authority of the department with 9 respect to registration and solicitation 10 requirements; amending ss. 501.013, 501.014, 11 501.015, 501.016, and 501.019, F.S.; revising 12 provisions of law regulating health studios to 13 provide an exemption from regulation for 14 certain country clubs, to authorize rules, to 15 eliminate a penalty for certain late 16 registrations, to require the registration 17 number in certain printed material, to revise 18 provisions relating to security requirements, 19 and to revise penalties with respect to health 20 studio violations; amending s. 501.021, F.S.; 21 deleting the definition of "division" with 22 respect to home solicitation sales; amending s. 23 501.022, F.S.; deleting language with respect 24 to persons engaging in home solicitation sales 25 in more than one county in the state to 26 eliminate certain certificates; amending s. 27 501.052, F.S.; providing that the Attorney 28 General or state attorney shall enforce the 29 act; amending s. 501.143, F.S.; providing for 30 registration fees with respect to dance 31 studios; eliminating reference to such fees set 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 by the department; providing for penalties for 2 violations of rules or orders adopted pursuant 3 to such rules; revising language with respect 4 to rulemaking authority; amending s. 501.605, 5 F.S.; providing for the fee for licensing of 6 commercial telephone sellers; deleting 7 reference to the authority of the department to 8 set such fees; amending s. 501.607, F.S.; 9 revising language with respect to licensure of 10 salespersons; eliminating reference to the 11 department to set license fees; amending s. 12 501.612, F.S.; revising language with respect 13 to grounds for denial of licensure; amending s. 14 501.626, F.S.; revising language with respect 15 to rulemaking authority; amending s. 539.001, 16 F.S.; revising the Florida Pawnbroking Act to 17 provide definitions, to provide that local 18 occupational licenses may not be issued without 19 providing proof of a state license, revising 20 language with respect to administrative 21 penalties; providing for a notice of 22 noncompliance rather than a letter of concern, 23 and to provide for rulemaking authority; 24 amending ss. 559.801-559.813, F.S.; revising 25 the Sale of Business Opportunities Act; 26 revising definitions; revising language with 27 respect to the disclosure statement; providing 28 increased requirements with respect to required 29 filings with the department; requiring that 30 written contracts be given to the purchaser at 31 a certain number of days before signing; 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 revising provisions with respect to remedies 2 and enforcement; providing for rulemaking 3 authority; amending ss. 559.903, 559.904, 4 559.905, 559.921, and 559.9221, F.S.; revising 5 the Florida Motor Vehicle Repair Act; revising 6 definitions; revising the registration fee 7 schedule; revising requirements with respect to 8 registration certificates; providing criteria 9 for denying or refusing to renew the 10 registration of a motor vehicle repair shop; 11 providing for additional remedies; revising 12 language with respect to the Motor Vehicle 13 Repair Advisory Council; creating s. 559.92201, 14 F.S.; providing for rulemaking authority; 15 amending s. 559.927, F.S.; revising the 16 definition of the term "seller of travel" with 17 respect to the Florida Sellers of Travel Act; 18 amending s. 559.928, F.S.; providing 19 registration fees; requiring an annual 20 affidavit and filing fee by agents; amending s. 21 559.929, F.S.; revising language with respect 22 to security requirements; amending s. 559.9295, 23 F.S.; providing for the effect of the 24 submission of vacation certificate documents; 25 providing for alternative document filing; 26 establishing the timeframe for the department 27 to respond with respect to document 28 submissions; amending s. 559.9335, F.S.; 29 providing for additional acts which are 30 violations; revising language with respect to 31 rules; amending s. 559.9355, F.S.; revising 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 language with respect to administrative 2 remedies and penalties; repealing s. 559.8015, 3 F.S., relating to applicability to advertisers 4 of business opportunities; providing an 5 effective date. 6 7 Be It Enacted by the Legislature of the State of Florida: 8 9 Section 1. Paragraph (b) of subsection (4) and 10 subsection (7) of section 496.405, Florida Statutes, are 11 amended to read: 12 496.405 Registration statements by charitable 13 organizations and sponsors.-- 14 (4) 15 (b) A charitable organization or sponsor which fails 16 to file a registration statement by the due date may be 17 assessed an additional fee for such late filing. The late 18 filing fee shall be must be established by rule of the 19 department and must not exceed $25 for each month or part of a 20 month after the date on which the annual renewal statement and 21 financial report were due to be filed with the department. 22 (7) The department must examine each initial 23 registration statement or annual renewal statement and the 24 supporting documents filed by a charitable organization or 25 sponsor and shall determine whether the registration 26 requirements are satisfied. Within 10 working days after its 27 receipt of a statement, the department must examine the 28 statement, notify the applicant of any apparent errors or 29 omissions, and request any additional information the 30 department is allowed by law to require. Failure to correct an 31 error or omission or to supply additional information is not 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 grounds for denial of the initial registration or annual 2 renewal statement unless the department has notified the 3 applicant within the 10-working-day 10-day period. The 4 department must approve or deny each statement, or must notify 5 the applicant that the activity for which he seeks 6 registration is exempt from the registration requirement, 7 within 10 working days after receipt of the initial 8 registration or annual renewal statement or the requested 9 additional information or correction of errors or omissions. 10 Any statement that is not approved or denied within 10 working 11 days after receipt of the requested additional information or 12 correction of errors or omissions is approved. Within 7 13 working days after receipt of a notification that the 14 registration requirements are not satisfied, the charitable 15 organization or sponsor may request a hearing. The hearing 16 must be held within 7 working days after receipt of the 17 request, and any recommended order, if one is issued, must be 18 rendered within 3 working days of the hearing. The final order 19 must then be issued within 2 working days after the 20 recommended order. If a recommended order is not issued, the 21 final order must be issued within 5 working days after the 22 hearing. The proceedings must be conducted in accordance with 23 chapter 120, except that the time limits and provisions set 24 forth in this subsection prevail to the extent of any 25 conflict. 26 Section 2. Subsection (1), paragraphs (a), (b), and 27 (c) of subsection (4), and subsections (5), (8), and (9) of 28 section 496.419, Florida Statutes, are amended to read: 29 496.419 Powers of the department.-- 30 (1) The department may conduct an investigation of any 31 person or organization whenever there is an appearance, either 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 upon complaint or otherwise, that a violation of ss. 2 496.401-496.424 or s. 496.426 or of any rule adopted or of any 3 order issued pursuant thereto has been committed or is about 4 to be committed. 5 (4) The department may enter an order imposing one or 6 more of the penalties set forth in subsection (5) if the 7 department finds that a charitable organization, sponsor, 8 professional fundraising consultant, or professional 9 solicitor, or an agent, servant, or employee thereof has: 10 (a) Violated or is operating in violation of any of 11 the provisions of ss. 496.401-496.424 or s. 496.426 or of the 12 rules adopted or orders issued thereunder; 13 (b) Made a material false statement in an application, 14 statement, or report required to be filed under ss. 15 496.401-496.424 or s. 496.426; 16 (c) Refused or failed, or any of its principal 17 officers has refused or failed, after notice, to produce any 18 records of such organization or to disclose any information 19 required to be disclosed under ss. 496.401-496.424 or s. 20 496.426 or the rules of the department; or 21 (5) Upon a finding as set forth in subsection (4), the 22 department may enter an order doing one or more of the 23 following: 24 (a)(e) Issuing a notice of noncompliance pursuant to 25 s. 120.695; of a letter of concern; and 26 (b) Issuing a cease and desist order that directs that 27 the person cease and desist specified fundraising activities; 28 (c) Refusing to register or canceling or suspending a 29 registration; 30 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (d) Placing the registrant on probation for a period 2 of time, subject to such conditions as the department may 3 specify; 4 (e)(f) Canceling an exemption granted under s. 5 496.406; and. 6 (f)(a) Imposing an administrative fine not to exceed 7 $1,000 for each act or omission which constitutes a violation 8 of ss. 496.401-496.424 or s. 496.426 or a rule or order.; 9 10 With respect to a section 501(c)(3) organization, the penalty 11 imposed pursuant to this subsection shall not exceed $500 per 12 violation. The penalty shall be the entire amount per 13 violation and is not to be interpreted as a daily penalty. 14 (8) The department shall report any criminal violation 15 of ss. 496.401-496.424 or s. 496.426 to the proper prosecuting 16 authority for prompt prosecution. 17 (9) All fines collected by the department under 18 subsection (5) must be paid into the General Inspection Trust 19 Fund to be used to pay the costs incurred in administering and 20 enforcing ss. 496.401-496.424 or s. 496.426. Money deposited 21 in the fund and allocated for the purposes of ss. 22 496.401-496.424 or s. 496.426 must be disbursed by the 23 department for the funding of activities conducted by the 24 department pursuant to ss. 496.401-496.424 or s. 496.426, 25 inclusive. 26 Section 3. Subsections (1) and (3) of section 496.420, 27 Florida Statutes, are amended to read: 28 496.420 Civil remedies and enforcement.-- 29 (1) In addition to other remedies authorized by law, 30 the Department of Legal Affairs may bring a civil action in 31 circuit court to enforce ss. 496.401-496.424 or s. 496.426. 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 Upon a finding that any person has violated any of these 2 sections, a court may make any necessary order or enter a 3 judgment including, but not limited to, a temporary or 4 permanent injunction, a declaratory judgment, the appointment 5 of a master or receiver, the sequestration of assets, the 6 reimbursement of persons from whom contributions have been 7 unlawfully solicited, the distribution of contributions in 8 accordance with the charitable or sponsor purpose expressed in 9 the registration statement or in accordance with the 10 representations made to the person solicited, the 11 reimbursement of the department for investigative costs and of 12 the Department of Legal Affairs for attorney's fees and costs, 13 including investigative costs, and any other equitable relief 14 the court finds appropriate. Upon a finding that any person 15 has violated any provision of ss. 496.401-496.424 or s. 16 496.426 with actual knowledge or knowledge fairly implied on 17 the basis of objective circumstances, a court may enter an 18 order imposing a civil penalty in an amount not to exceed 19 $10,000 per violation. 20 (3) The Department of Legal Affairs may terminate an 21 investigation or an action upon acceptance of a person's 22 written assurance of voluntary compliance with ss. 23 496.401-496.424 or s. 496.426. Acceptance of an assurance may 24 be conditioned on commitment to reimburse donors or to take 25 other appropriate corrective action. An assurance is not 26 evidence of a prior violation of any of these sections. 27 However, unless an assurance has been rescinded by agreement 28 of the parties or voided by a court for good cause, subsequent 29 failure to comply with the terms of an assurance is prima 30 facie evidence of a violation of one or more of these 31 sections. 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 Section 4. Section 496.424, Florida Statutes, is 2 amended to read: 3 496.424 Rulemaking authority.--The department has the 4 authority to may adopt rules pursuant to chapter 120 to 5 implement necessary to effectuate the purposes of ss. 6 496.401-496.424 or s. 496.426. 7 Section 5. Subsection (5) is added to section 501.013, 8 Florida Statutes, to read: 9 501.013 Health studios; exemptions.--The following 10 businesses or activities may be declared exempt from the 11 provisions of ss. 501.012-501.019 upon the filing of an 12 affidavit with the department establishing that the stated 13 qualifications are met: 14 (5) A country club that has as its primary function 15 the provision of a social life and recreational amenities to 16 its members, and for which a program of physical exercise is 17 merely incidental to membership. As used in this subsection, 18 the term "country club" means a facility that offers its 19 members a variety of services that may include, but need not 20 be limited to, social activities; dining, banquet, catering, 21 and lounge facilities; swimming; yachting; golf; tennis; card 22 games such as bridge and canasta; and special programs for 23 members' children. 24 Section 6. Section 501.014, Florida Statutes, is 25 amended to read: 26 501.014 Health studios; powers and duties of the 27 department.-- 28 (1) The department may, at any time during business 29 hours, enter any business location of a health studio required 30 to be registered pursuant to ss. 501.012-501.019, examine the 31 books or records of the health studio, and subpoena all 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 necessary records when the department has reason to believe a 2 violation of the provisions of ss. 501.012-501.019 has 3 occurred. 4 (2) The department has the authority to adopt rules 5 pursuant to chapter 120 to implement ss. 501.012-501.019. 6 (3)(2) The department shall: 7 (a) Promulgate such rules as may be necessary to carry 8 out the provisions of ss. 501.012-501.019. 9 (a)(b) Provide each business location of a health 10 studio with a registration number at the time of registration. 11 (b)(c) Provide a certificate of registration which 12 prominently displays the registration number. 13 (c)(d) Place all fees and fines collected pursuant to 14 ss. 501.012-501.019 in the General Inspection Trust Fund of 15 Florida as created in s. 570.20. 16 Section 7. Subsections (4) and (6) of section 501.015, 17 Florida Statutes, are amended to read: 18 501.015 Health studios; registration requirements and 19 fees.--Each health studio shall: 20 (4) Be subject to a penalty fee not to exceed $10 per 21 day up to $100 maximum per business location if registration 22 has not been renewed within 30 days after its expiration date. 23 (6) Include the registration number issued by the 24 department in all printed advertisements, contracts, and 25 publications utilized by the health studio for a business 26 location. 27 Section 8. Section 501.016, Florida Statutes, is 28 amended to read: 29 501.016 Health studios; security requirements.--Each 30 Every health studio that which sells contracts for health 31 studio services shall, during any period before opening and 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 for a period of 5 years after commencement of business, meet 2 the following requirements: 3 (1) Each health studio shall maintain for each 4 separate business location a bond issued by a surety company 5 admitted to do business in this state. The principal sum of 6 the bond shall be $50,000, and the bond, when required, shall 7 be obtained before an occupational license may be issued under 8 chapter 205. Upon issuance of an occupational license, the 9 licensing authority shall immediately notify the department of 10 such issuance in a manner established by the department by 11 rule. The bond shall be in favor of the state for the benefit 12 of any person injured as a result of a violation of ss. 13 501.012-501.019. The aggregate liability of the surety to all 14 persons for all breaches of the conditions of the bonds 15 provided herein shall in no event exceed the amount of the 16 bond. The original surety bond required by this section shall 17 be filed with the department. 18 (2) In lieu of maintaining the bond required in 19 subsection (1), the health studio may furnish to the 20 department: 21 (a) An irrevocable letter of credit from any foreign 22 or domestic bank in the amount of $50,000; or 23 (b) A guaranty agreement which is secured by a 24 certificate of deposit in the amount of $50,000. 25 26 The original letter of credit or certificate of deposit 27 submitted in lieu of the bond shall be filed with the 28 department. The department shall decide whether the security 29 furnished in lieu of bond by the health studio is in 30 compliance with the requirements of this section. 31 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (3) A health studio which sells contracts for future 2 health studio services and which collects direct payment on a 3 monthly basis for those services shall be exempt from the 4 security requirements of subsections (1) and (2) provided that 5 any service fee charged is a reasonable and fair service fee. 6 The number of monthly payments in such a contract shall be 7 equal to the number of months in the contract. The contract 8 shall conform to all the requirements for future health studio 9 services contracts as specified in ss. 501.012-501.019 and 10 shall specify in the terms of the contract the charges to be 11 assessed for those health studio services. 12 (4) If the health studio furnishes the department with 13 evidence satisfactory to the department that the aggregate 14 dollar amount of all current outstanding contracts of the 15 health studio is less than $5,000, the department may, at its 16 discretion, reduce the principal amount of the surety bond or 17 other sufficient financial responsibility required in 18 subsections (1) and (2) to a sum of not less than $10,000. 19 However, at any time the aggregate dollar amount of such 20 contracts exceeds $5,000, the health studio shall so notify 21 the department and shall thereupon provide the bond or other 22 documentation as required in subsections (1) and (2). Health 23 studios whose bonds have been reduced must provide the 24 department with an annually updated list of members. Failure 25 to file an annual report will result in the department raising 26 the security requirement to $50,000. 27 (5) Each health studio shall furnish the department 28 with a copy of the escrow account which would contain all 29 funds received for future consumer services, whether by 30 contract or otherwise, sold prior to the business location's 31 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 full operation and specify a date certain for opening, if such 2 an escrow account is established. 3 (6) Subsections (1) and (2) shall not apply to a 4 health studio that has been operating continuously under the 5 same ownership and control for the most recent 5-year period 6 in compliance with ss. 501.012-501.019 and the rules adopted 7 thereunder and that has not had any civil, criminal, or 8 administrative adjudication against it by any state or federal 9 agency; and that has a satisfactory consumer complaint 10 history. As used in this subsection, the term "satisfactory 11 consumer complaint history" means that no unresolved consumer 12 complaints regarding the health studio are on file with the 13 department. A consumer complaint is unresolved if a health 14 studio has not responded to the department's efforts to 15 mediate the complaint or if there has been an adjudication 16 that the health studio has violated ss. 501.012-501.019 or the 17 rules adopted thereunder. Those health studios that have been 18 in business continuously since October 1, 1985, are exempt 19 from the requirements of subsections (1) and (2). Those 20 health studios that have been in business continuously since 21 October 1, 1986, are exempt effective October 1, 1991, from 22 the requirements of subsections (1) and (2). Those health 23 studios that have been in business continuously since October 24 1, 1987, are exempt effective October 1, 1992, from the 25 requirements of subsections (1) and (2). Those health studios 26 that have been in business continuously since October 1, 1988, 27 are exempt effective October 1, 1993, from the requirements of 28 subsections (1) and (2). Those health studios that have been 29 in business continuously since October 1, 1989, are exempt 30 effective October 1, 1994, from the requirements of 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 subsections (1) and (2). Such exemption extends to all current 2 and future business locations of an exempt health studio. 3 (7) A business, otherwise defined as a health studio, 4 which sells a single contract of 30 days or less to any member 5 without any option for renewal or any other condition which 6 establishes any right in the member beyond the term of such 7 contract is exempt from the provisions of this section. This 8 exemption shall not apply if the business offers any other 9 health studio contract of whatever duration at any time during 10 or prior to the existence of such single contract of 30 days 11 or less. 12 (8) Except in the case of a natural disaster or an act 13 of God, a health studio that is exempt from the requirements 14 of subsections (1) and (2), but that which has no business 15 locations open for 14 consecutive days, waives shall be deemed 16 to have waived its exemption and is shall be considered to be 17 a new health studio for the purposes of ss. 501.012-501.019. 18 Section 9. Subsection (4) of section 501.019, Florida 19 Statutes, is amended to read: 20 501.019 Health studios; penalties.-- 21 (4)(a) The department may enter an order imposing one 22 or more of the penalties set forth in paragraph (b) if the 23 department finds that a health studio: 24 1. Violated or is operating in violation of any of the 25 provisions of this part or of the rules adopted or orders 26 issued thereunder; 27 2. Made a material false statement in any application, 28 document, or record required to be submitted or retained under 29 this part; 30 3. Refused or failed, or any of its principal officers 31 has refused or failed, after notice, to produce any document 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 or record or disclose any information required to be produced 2 or disclosed under this part or the rules of the department; 3 4. Made a material false statement in response to any 4 request or investigation by the department, the Department of 5 Legal Affairs, or the state attorney; or 6 5. Has intentionally defrauded the public through 7 dishonest or deceptive means. The department may impose 8 administrative fines as prescribed below: 9 (a) For a violation of s. 501.016, a fine not to 10 exceed $5,000 per violation. 11 (b) Upon a finding as set forth in paragraph (a), the 12 department may enter an order doing one or more of the 13 following: 14 1. Issuing a notice of noncompliance pursuant to s. 15 120.695. 16 2. For a violation of s. 501.015 or s. 501.016, 17 imposing an administrative fine not to exceed $5,000 per 18 violation. 19 3. For a violation of s. 501.013, s. 501.017, or s. 20 501.018, imposing an administrative a fine not to exceed $500 21 per violation. 22 4. Directing that the health studio cease and desist 23 specified activities. 24 5. Refusing to register or revoking or suspending a 25 registration. 26 6. Placing the registrant on probation for a period of 27 5 years, subject to such conditions as the department may 28 specify by rule. 29 (c) The administrative proceedings which could result 30 in the entry of an order imposing any of the penalties 31 specified in paragraph (b) shall be conducted in accordance 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 with chapter 120 For a violation of s. 501.015, a fine not to 2 exceed $100 per violation. 3 Section 10. Section 501.021, Florida Statutes, is 4 amended to read: 5 501.021 Home solicitation sale; definitions.--As used 6 in ss. 501.021-501.055: 7 (1) "Division" means the Division of Consumer Services 8 of the Department of Agriculture and Consumer Services. 9 (1)(2) "Home solicitation sale" means a sale, lease, 10 or rental of consumer goods or services with a purchase price 11 in excess of $25 which includes all interest, service charges, 12 finance charges, postage, freight, insurance, and service or 13 handling charges, whether under single or multiple contracts, 14 made pursuant to an installment contract, a loan agreement, 15 other evidence of indebtedness, or a cash transaction or other 16 consumer credit transaction, in which: 17 (a) The seller or a person acting for him engages in a 18 personal solicitation of the sale, lease, or rental at a place 19 other than at the seller's fixed location business 20 establishment where goods or services are offered or exhibited 21 for sale, lease, or rental, and 22 (b) The buyer's agreement or offer to purchase is 23 given to the seller and the sale, lease, or rental is 24 consummated at a place other than at the seller's fixed 25 location business establishment, 26 27 including a transaction unsolicited by the consumer and 28 consummated by telephone and without any other contact between 29 the buyer and the seller or its representative prior to 30 delivery of the goods or performance of the services. It does 31 not include a sale, lease, or rental made at any fair or 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 similar commercial exhibit or a sale, lease, or rental that 2 results from a request for specific goods or services by the 3 purchaser or lessee or a sale made by a motor vehicle dealer 4 licensed under s. 320.27 which occurs at a location or 5 facility open to the general public or to a designated group. 6 (2)(3) "Business day" means any calendar day except 7 Sunday or a federal holiday the following business holidays: 8 New Year's Day, Washington's Birthday, Memorial Day, 9 Independence Day, Labor Day, Columbus Day, Veterans' Day, 10 Thanksgiving Day, and Christmas Day. 11 (3)(4) "Future delivery" means delivery more than 3 12 business days after the buyer signs an agreement or offer to 13 purchase. 14 Section 11. Paragraph (a) of subsection (1) and 15 subsections (6), (8), and (9) of section 501.022, Florida 16 Statutes, are amended to read: 17 501.022 Home solicitation sale; permit required.-- 18 (1)(a) It is unlawful for any person to conduct any 19 home solicitation sale, as defined in s. 501.021(2), or to 20 supervise excluded minors conducting such sales provided in 21 subparagraph (b)5., in this state without first obtaining a 22 valid home solicitation sale permit as provided in this 23 section. 24 (6) The issuing clerk of the circuit court for the 25 county shall notify each applicant or permitholder of a 26 decision to deny, suspend, or revoke a permit by certified 27 mail sent to any one of the last addresses submitted by the 28 applicant or permitholder. A copy of the notice shall be sent 29 to the division. 30 (8) Any person who intends to engage in home 31 solicitation sales in more than one county or on a statewide 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 basis shall first obtain a home solicitation sale permit from 2 the clerk of the circuit court for the county in the county 3 where the applicant's fixed location business establishment is 4 located or, if the applicant has no such location in this 5 state, from any clerk of the circuit court of the applicant's 6 choice. The holder of a county home solicitation sale permit 7 may register said permit with the division, and after receipt 8 of a reasonable fee to be established by the division and 9 verification of the validity of the permit, the division shall 10 issue a certificate which shall permit the holder to solicit 11 on a statewide basis. A certificate issued hereunder shall 12 expire on the expiration date of the permit registered with 13 the division. 14 (8)(9) Every permitholder shall carry the permit and 15 certificate required by this section at all times while 16 engaged in home solicitation sales and shall display the same 17 to all prospective buyers before initiating the solicitation 18 of a sale, lease, or rental. 19 Section 12. Section 501.052, Florida Statutes, is 20 amended to read: 21 501.052 Home solicitation sale; enforcement authority; 22 injunctive relief.--The division shall investigate any 23 complaints received concerning violations of ss. 24 501.021-501.055 and report the results of its investigation to 25 the Attorney General or state attorney, and it may institute 26 proceedings to enjoin any person found by the division to be 27 violating the provisions of ss. 501.021-501.055. 28 Section 13. Paragraph (d) of subsection (3), 29 paragraphs (a), (b), (c), and (e) of subsection (7), and 30 subsection (12) of section 501.143, Florida Statutes, are 31 amended to read: 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 501.143 Dance Studio Act.-- 2 (3) REGISTRATION OF BALLROOM DANCE STUDIOS.-- 3 (d) Registration fees shall be set by department rule 4 in an amount equal to the costs to the department of 5 implementing and enforcing this section. However, such fee 6 shall be based on the number of clients and may not be greater 7 than $300 per year for each dance studio location per 8 registrant. All amounts collected shall be deposited in the 9 General Inspection Trust Fund of the Department of Agriculture 10 and Consumer Services for the administration of this section. 11 (7) PENALTIES; REMEDIES.--The following penalties and 12 remedies are available for enforcement of the provisions of 13 this section: 14 (a) The department shall have administrative authority 15 to issue a notice of noncompliance pursuant to s. 120.695 and 16 to suspend or revoke the registration of any ballroom dance 17 studio that violates any of the provisions of this section or 18 the rules adopted or orders issued pursuant to such rules of 19 the department. Such ballroom dance studio may not engage in 20 business while the registration is revoked or suspended. 21 (b) The department may impose an administrative fine 22 not to exceed $5,000 per violation against any ballroom dance 23 studio that violates any of the provisions of this section or 24 the rules adopted or orders issued pursuant to this section. 25 (c) Notwithstanding the provisions of subsection (5), 26 the department may require any ballroom dance studio that has 27 operated or is operating in violation of any of the provisions 28 of this section or the rules adopted or orders issued pursuant 29 to such rules of the department to post security with the 30 department in an amount not to exceed $25,000. 31 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (e) The enforcing authority may seek a civil penalty 2 not to exceed $5,000 for each violation of this section or the 3 rules adopted or orders issued pursuant to such rules and may 4 institute a civil action in circuit court to recover any 5 penalties or damages allowed in this section and for 6 injunctive relief to enforce compliance with this section or 7 any rule or order of the department. 8 (12) RULEMAKING AUTHORITY.--The department has the 9 authority to adopt shall promulgate such rules pursuant to 10 chapter 120 to implement as may be necessary to carry out the 11 provisions of this section. 12 Section 14. Paragraph (b) of subsection (5) of section 13 501.605, Florida Statutes, 1996 Supplement, is amended to 14 read: 15 501.605 Licensure of commercial telephone sellers.-- 16 (5) An application filed pursuant to this part must be 17 verified and accompanied by: 18 (b) A fee for licensing in the amount of, to be set by 19 rule of the department, sufficient to cover the administrative 20 costs of this part, but not to exceed $1,500. The fee shall 21 be deposited into the General Inspection Trust Fund. 22 Section 15. Paragraphs (d) and (e) of subsection (1) 23 and paragraph (b) of subsection (2) of section 501.607, 24 Florida Statutes, are amended to read: 25 501.607 Licensure of salespersons.-- 26 (1) An applicant for a license as a salesperson must 27 submit to the department, in such form as it prescribes, a 28 written application for a license. The application must set 29 forth the following information: 30 (d) Whether the applicant, regardless of conviction, 31 has previously been arrested for, convicted or found guilty 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 of, has entered a plea of guilty or a plea of nolo contendere 2 to, or is under indictment or information for, a felony and, 3 if so, the nature of the felony. Conviction includes a 4 finding of guilt where adjudication has been withheld. 5 (e) Whether the applicant, regardless of adjudication, 6 has previously been convicted or found guilty of, has entered 7 a plea of guilty or a plea of nolo contendere to, or is under 8 indictment or information for, racketeering or any offense 9 involving fraud, theft, embezzlement, fraudulent conversion, 10 or misappropriation of property. Conviction includes a 11 finding of guilt where adjudication has been withheld. 12 (2) An application filed pursuant to this section must 13 be verified and be accompanied by: 14 (b) A fee for licensing in the amount of, to be set by 15 rule of the department, sufficient to cover the administrative 16 costs of this part, but not to exceed $50 per salesperson. 17 The fee shall be deposited into the General Inspection Trust 18 Fund. The fee for licensing may be paid after the application 19 is filed, but must be paid within 14 days after the applicant 20 begins work as a salesperson. 21 Section 16. Section 501.612, Florida Statutes, 1996 22 Supplement, is amended to read: 23 501.612 Grounds for denial of licensure.-- 24 (1) The department may enter an order directing that 25 one or more of the actions set forth in subsection (2) be 26 taken if the department finds that a commercial telephone 27 seller or salesperson or any person applying for licensure as 28 a commercial telephone seller or salesperson, including, but 29 not limited to, owners, operators, officers, directors, 30 partners, or other individuals engaged in the management 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 activities of a business entity deny licensure to any 2 applicant who: 3 (a) Has, regardless of adjudication, been convicted or 4 found guilty of, or has entered a plea of guilty or a plea of 5 nolo contendere to, racketeering or any offense involving 6 fraud, theft, embezzlement, fraudulent conversion, or 7 misappropriation of property, or any other crime involving 8 moral turpitude;. Conviction includes a finding of guilt 9 where adjudication has been withheld or where a plea of nolo 10 contendere has been entered; 11 (b) Has, regardless of adjudication, been convicted or 12 found guilty of, or has entered a plea of guilty or a plea of 13 nolo contendere to, any felony; 14 (c)(b) Has had entered against him or any business for 15 which he has worked or been affiliated, an injunction, a 16 temporary restraining order, or a final judgment or order, 17 including a stipulated judgment or order, an assurance of 18 voluntary compliance, or any similar document, in any civil or 19 administrative action involving racketeering, fraud, theft, 20 embezzlement, fraudulent conversion, or misappropriation of 21 property or the use of any untrue or misleading representation 22 in an attempt to sell or dispose of real or personal property 23 or the use of any unfair, unlawful, or deceptive trade 24 practice; 25 (d)(c) Is subject to or has worked or been affiliated 26 with any company which is, or ever has been, subject to any 27 injunction, temporary restraining order, or final judgment or 28 order, including a stipulated judgment or order, an assurance 29 of voluntary compliance, or any similar document, or any 30 restrictive court order relating to a business activity as the 31 result of any action brought by a governmental agency, 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 including any action affecting any license to do business or 2 practice an occupation or trade; 3 (e)(d) Has at any time during the previous 7 years 4 filed for bankruptcy, been adjudged bankrupt, or been 5 reorganized because of insolvency; 6 (f)(e) Has been a principal, director, officer, or 7 trustee of, or a general or limited partner in, or had 8 responsibilities as a manager in, any corporation, 9 partnership, joint venture, or other entity that filed the 10 bankruptcy, was adjudged bankrupt, or was reorganized because 11 of insolvency within 1 year after the person held that 12 position; 13 (g)(f) Has been previously convicted of or found to 14 have been acting as a salesperson or commercial telephone 15 seller without a license or whose licensure has previously 16 been refused, revoked, or suspended in any jurisdiction; 17 (h)(g) Falsifies or willfully omits any material 18 information asked for in any the application, document, or 19 record required to be submitted or retained under this part; 20 or 21 (i) Makes a material false statement in response to 22 any request or investigation by the department or the state 23 attorney; 24 (j) Refuses or fails, after notice, to produce any 25 document or record or disclose any information required to be 26 produced or disclosed under this part or the rules of the 27 department; 28 (k) Is not of good moral character; or 29 (l)(h) Otherwise violates or is operating in violation 30 of any of the provisions of this part or of the rules adopted 31 or orders issued thereunder. 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (2) Upon a finding as set forth in subsection (1), the 2 department may enter an order: 3 (a) Issuing a notice of noncompliance pursuant to s. 4 120.695. 5 (b) Imposing an administrative fine not to exceed 6 $10,000 for each act or omission which constitutes a violation 7 under this part. 8 (c) Directing that the person cease and desist 9 specified activities. 10 (d) Refusing to issue or renew or revoking or 11 suspending a license. 12 (e) Placing the licensee on probation for a period of 13 time, subject to such conditions as the department may 14 specify. 15 (3)(2) The administrative proceedings which could 16 result in entry of an order under subsection (2) shall be 17 conducted An applicant may appeal the denial or nonrenewal of 18 a license by requesting in writing, within 30 days of receipt 19 of the notice of denial or nonrenewal, a hearing. Said 20 hearing shall be conducted in accordance with the provisions 21 of chapter 120 and presided over by a hearing officer 22 designated by the Department of Agriculture and Consumer 23 Services. When any hearing officer conducts a hearing 24 pursuant to the provisions of chapter 120 with respect to the 25 issuance of a license by the Department of Agriculture and 26 Consumer Services, the hearing officer shall submit his 27 recommendation order to the Department of Agriculture and 28 Consumer Services, which shall thereupon issue a final order 29 of the Department of Agriculture and Consumer Services in 30 accordance with the provisions of chapter 120. 31 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 Section 17. Section 501.626, Florida Statutes, is 2 amended to read: 3 501.626 Rulemaking power.--The department has the 4 authority to adopt shall promulgate rules pursuant to chapter 5 120 to implement and carry out the provisions of this part. 6 Section 18. Paragraphs (t) and (u) are added to 7 subsection (2), paragraph (f) is added to subsection (3), 8 paragraph (a) of subsection (4) and paragraph (b) of 9 subsection (7) are amended, and subsection (22) is added to 10 section 539.001, Florida Statutes, 1996 Supplement, to read: 11 539.001 The Florida Pawnbroking Act.-- 12 (2) DEFINITIONS.--As used in this section, the term: 13 (t) "Beneficial owner" means a person who does not 14 have title to property but has rights in the property which 15 are the normal incident of owning the property. 16 (u) "Operator" means a person who has charge of a 17 corporation or company and has control of its business, or of 18 its branch establishments, divisions, or departments, and who 19 is vested with a certain amount of discretion and independent 20 judgment. 21 (3) LICENSE REQUIRED.-- 22 (f) Any person applying for or renewing a local 23 occupational license to engage in business as a pawnbroker 24 must exhibit a current license from the agency before the 25 local occupational license may be issued or reissued. 26 (4) ELIGIBILITY FOR LICENSE.-- 27 (a) To be eligible for a pawnbroker's license, an 28 applicant must: 29 1. Be of good moral character; 30 2. Have a net worth of at least $50,000 or file with 31 the agency a bond issued by a surety company qualified to do 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 business in this state in the amount of $10,000 for each 2 license. In lieu of the bond required in this section, the 3 applicant may establish a certificate of deposit or an 4 irrevocable letter of credit in a Florida banking institution 5 in the amount of the bond. The original bond, certificate of 6 deposit, or letter of credit shall be filed with the agency, 7 and the agency shall be the beneficiary to said document. The 8 bond, certificate of deposit, or letter of credit shall be in 9 favor of the agency for the use and benefit of any consumer 10 who is injured by the fraud, misrepresentation, breach of 11 contract, financial failure, or violation of any provision of 12 this section by the pawnbroker. Such liability may be enforced 13 either by proceeding in an administrative action or by filing 14 a judicial suit at law in a court of competent jurisdiction. 15 However, in such court suit, the bond, certificate of deposit, 16 or letter of credit posted with the agency shall not be 17 amenable or subject to any judgment or other legal process 18 issuing out of or from such court in connection with such 19 lawsuit, but such bond, certificate of deposit, or letter of 20 credit shall be amenable to and enforceable only by and 21 through administrative proceedings before the agency. It is 22 the intent of the Legislature that such bond, certificate of 23 deposit, or letter of credit shall be applicable and liable 24 only for the payment of claims duly adjudicated by order of 25 the agency. The bond, certificate of deposit, or letter of 26 credit shall be payable on a pro rata basis as determined by 27 the agency, but the aggregate amount may not exceed the amount 28 of the bond, certificate of deposit, or letter of credit. 29 3. Not have been convicted of, or found guilty of, or 30 pled guilty or nolo contendere to, regardless of adjudication, 31 a felony within the last 10 years and not be acting as a 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 beneficial owner for someone who has been convicted of, or 2 found guilty of, or pled guilty or nolo contendere to, 3 regardless of adjudication, a felony within the last 10 years; 4 and 5 4. Not have been convicted of, or found guilty of, or 6 pled nolo contendere to, regardless of adjudication, a crime 7 that the agency finds directly relates to the duties and 8 responsibilities of a pawnbroker within the last 10 years, and 9 not be acting as a beneficial owner for someone who has been 10 convicted, of, or found guilty of, or pled guilty or nolo 11 contendere to, regardless of adjudication, a crime that the 12 agency finds directly relates to the duties and 13 responsibilities of a pawnbroker within the last 10 years. 14 (7) ORDERS IMPOSING PENALTIES.-- 15 (b) Upon a finding as set forth in paragraph (a), the 16 agency may enter an order doing one or more of the following: 17 1. Issuing a notice of noncompliance pursuant to s. 18 120.695. 19 2.1. Imposing an administrative fine not to exceed 20 $5,000 for each act which constitutes a violation of this 21 section or a rule or an order. 22 3.2. Directing that the pawnbroker cease and desist 23 specified activities. 24 4.3. Refusing to license or revoking or suspending a 25 license. 26 5.4. Placing the licensee on probation for a period of 27 time, subject to such conditions as the agency may specify. 28 5. Issuing a letter of concern. 29 (22) RULEMAKING AUTHORITY.--The department has 30 authority to adopt rules pursuant to chapter 120 to implement 31 the provisions of this section. 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 Section 19. Paragraph (a) of subsection (1) of section 2 559.801, Florida Statutes, is amended to read: 3 559.801 Definitions.--For the purpose of ss. 4 559.80-559.815, the term: 5 (1)(a) "Business opportunity" means the sale or lease 6 of any products, equipment, supplies, or services which are 7 sold or leased to a purchaser to enable the purchaser to start 8 a business for which the purchaser is required to pay an 9 initial fee or sum of money which exceeds $500 to the seller, 10 and in which the seller represents: 11 1. That the seller or person or entity affiliated with 12 or referred by the seller will provide locations or assist the 13 purchaser in finding locations for the use or operation of 14 vending machines, racks, display cases, currency or card 15 operated equipment, or other similar devices or 16 currency-operated amusement machines or devices on premises 17 neither owned nor leased by the purchaser or seller; 18 2. That the seller will purchase any or all products 19 made, produced, fabricated, grown, bred, or modified by the 20 purchaser using in whole or in part the supplies, services, or 21 chattels sold to the purchaser; 22 3. That the seller guarantees in writing that the 23 purchaser will derive income from the business opportunity 24 which exceeds the price paid or rent charged for the business 25 opportunity or that the seller will refund all or part of the 26 price paid or rent charged for the business opportunity, or 27 will repurchase any of the products, equipment, supplies, or 28 chattels supplied by the seller, if the purchaser is 29 unsatisfied with the business opportunity; or 30 4. That the seller will provide a sales program or 31 marketing program that will enable the purchaser to derive 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 income from the business opportunity, except that this 2 paragraph does not apply to the sale of a sales program or 3 marketing program made in conjunction with the licensing of a 4 trademark or service mark that is registered under the laws of 5 any state or of the United States. 6 7 For the purpose of subparagraph 1., the term "assist the 8 purchaser in finding locations" means, but is not limited to, 9 supplying the purchaser with names of locator companies, 10 contracting with the purchaser to provide assistance or supply 11 names, or collecting a fee on behalf of or for a locator 12 company. 13 Section 20. Paragraph (c) of subsection (11) of 14 section 559.803, Florida Statutes, is amended to read: 15 559.803 Disclosure statement.--At least 3 working days 16 prior to the time the purchaser signs a business opportunity 17 contract, or at least 3 working days prior to the receipt of 18 any consideration by the seller, whichever occurs first, the 19 seller must provide the prospective purchaser a written 20 document, the cover sheet of which is entitled in at least 21 12-point boldfaced capital letters "DISCLOSURES REQUIRED BY 22 FLORIDA LAW." Under this title shall appear the following 23 statement in at least 10-point type: "The State of Florida 24 has not reviewed and does not approve, recommend, endorse, or 25 sponsor any business opportunity. The information contained 26 in this disclosure has not been verified by the state. If you 27 have any questions about this investment, see an attorney 28 before you sign a contract or agreement." Nothing except the 29 title and required statement shall appear on the cover sheet. 30 Immediately following the cover sheet, the seller must provide 31 an index page that briefly lists the contents of the 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 disclosure document as required in this section and any pages 2 on which the prospective purchaser can find each required 3 disclosure. At the top of the index page, the following 4 statement must appear in at least 10-point type: "The State of 5 Florida requires sellers of business opportunities to disclose 6 certain information to prospective purchasers. This index is 7 provided to help you locate this information." If the index 8 contains other information not required by this section, the 9 seller shall place a designation beside each of the 10 disclosures required by this section and provide an 11 explanation of the designation at the end of the statement at 12 the top of the index page. The disclosure document shall 13 contain the following information: 14 (11) A statement disclosing who, if any, of the 15 persons listed in subsections (1) and (2): 16 (c) Is subject to any currently effective state or 17 federal agency or court injunctive or restrictive order, or 18 has been subject to any administrative action in which an 19 order by a governmental agency was rendered, or is a party to 20 a proceeding currently pending in which such order is sought, 21 relating to or affecting business opportunities activities or 22 the business opportunity seller-purchaser relationship or 23 involving fraud (including violation of any franchise or 24 business opportunity law or unfair or deceptive practices 25 law), embezzlement, fraudulent conversion, misappropriation of 26 property, or restraint of trade. 27 28 Such statement shall set forth the identity and location of 29 the court or agency; the date of conviction, judgment, or 30 decision; the penalty imposed; the damages assessed; the terms 31 of settlement or the terms of the order; and the date, nature, 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 and issuer of each such order or ruling. A business 2 opportunity seller may include a summary opinion of counsel as 3 to any pending litigation, but only if counsel's consent to 4 the use of such opinion is included in the disclosure 5 statement. 6 Section 21. Subsection (1) of section 559.805, Florida 7 Statutes, is amended to read: 8 559.805 Filings with the department; disclosure of 9 advertisement identification number.-- 10 (1) Every seller of a business opportunity shall 11 annually file with the department a copy of the disclosure 12 statement required by s. 559.803 prior to placing an 13 advertisement or making any other representation designed to 14 offer to, sell to, or solicit an offer to buy a business 15 opportunity from a prospective purchaser in this state and 16 shall update this filing by reporting as any material change 17 in the required information within 30 days after the material 18 change occurs, but not less frequently than annually. An 19 advertisement is not placed in the state merely because the 20 publisher circulates, or there is circulated on his behalf in 21 the state, any bona fide newspaper or other publication of 22 general, regular, and paid circulation which has had more than 23 two-thirds of its circulation during the past 12 months 24 outside the state or because a radio or television program 25 originating outside the state is received in the state. If 26 the seller is required by s. 559.807 to provide a bond or 27 establish a trust account or guaranteed letter of credit, he 28 shall contemporaneously file with the department a copy of the 29 bond, a copy of the formal notification by the depository that 30 the trust account is established, or a copy of the guaranteed 31 letter of credit. Every seller of a business opportunity shall 31 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 file with the department a list of independent agents who will 2 engage in the offer or sale of business opportunities on 3 behalf of the seller in this state. This list must be kept 4 current and shall include the following information: name, 5 home and business address, telephone number, present employer, 6 social security number, and birth date. No person shall be 7 allowed to offer or sell business opportunities unless the 8 required information has been provided to the department. 9 Section 22. Subsection (1) of section 559.811, Florida 10 Statutes, is amended, and subsection (8) is added to said 11 section to read: 12 559.811 Contracts to be in writing; form; 13 provisions.-- 14 (1) Every business opportunity contract shall be in 15 writing, and a copy shall be given to the purchaser at least 3 16 working days before signing 72 hours prior to the time he 17 signs the contract. 18 Section 23. Subsection (2) of section 559.813, Florida 19 Statutes, is amended, and subsection (8) is added to said 20 section, to read: 21 559.813 Remedies; enforcement.-- 22 (2)(a) The department may enter an order imposing one 23 or more of the penalties set forth in paragraph (b) if the 24 department finds that a seller or any of the seller's 25 principal officers or agents: 26 1. Violated or is operating in violation of any of the 27 provisions of this part or of the rules adopted or orders 28 issued thereunder; 29 2. Made a material false statement in any application, 30 document, or record required to be submitted or retained under 31 this part; 32 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 3. Refused or failed, after notice, to produce any 2 document or record or disclose any information required to be 3 produced or disclosed under this part or the rules of the 4 department; 5 4. Made a material false statement in response to any 6 request or investigation by the department, the Department of 7 Legal Affairs, or the state attorney; or 8 5. Has intentionally defrauded the public through 9 dishonest or deceptive means. 10 (b) Upon a finding as set forth in paragraph (a), the 11 department may enter an order doing one or more of the 12 following: 13 1. Issuing a notice of noncompliance pursuant to s. 14 120.695. 15 2. Imposing an administrative fine not to exceed 16 $5,000 per violation for each act which constitutes a 17 violation of this part or a rule or order. 18 3. Directing that the seller or its principal officers 19 or agents cease and desist specified activities. 20 4. Refusing to issue or revoking or suspending an 21 advertisement identification number. 22 5. Placing the registrant on probation for a period of 23 time, subject to such conditions as the department may 24 specify. 25 (c) The administrative proceedings which could result 26 in the entry of an order imposing any of the penalties 27 specified in paragraph (b) shall be conducted in accordance 28 with chapter 120. If a business opportunity seller uses untrue 29 or misleading statements in the sale of a business 30 opportunity, fails to give the proper disclosures, fails to 31 include the contract provisions, fails to post the bond as 33 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 required in this part, or violates any other provision of this 2 part, the department may order the seller to cease and desist 3 selling business opportunities until the seller complies with 4 the provisions of this part. The department also may impose 5 an administrative fine not to exceed $5,000 per violation. 6 (8) The department has the authority to adopt rules 7 pursuant to chapter 120 to implement this part. 8 Section 24. Subsections (6), (7), and (8) of section 9 559.903, Florida Statutes, are amended to read: 10 559.903 Definitions.--As used in this act: 11 (6) "Motor vehicle" means any automobile, truck, bus, 12 recreational vehicle, motorcycle, motor scooter, or other 13 motor powered vehicle, but does not include trailers, mobile 14 homes, travel trailers, or trailer coaches without independent 15 motive power, or watercraft or aircraft. 16 (7) "Motor vehicle repair shop" means any person who, 17 for compensation, engages or attempts to engage in the repair 18 of motor vehicles owned by other persons and includes, but is 19 not limited to: mobile motor vehicle repair shops, motor 20 vehicle and recreational vehicle dealers; garages; service 21 stations; self-employed individuals; truck stops; paint and 22 body shops; brake, muffler, or transmission shops; and shops 23 doing upholstery or glass work. Any person who engages solely 24 in the maintenance or repair of the coach portion of a 25 recreational vehicle is not a motor vehicle repair shop. 26 (8) "Place of business" means a physical place where 27 the business of motor vehicle repair is conducted, including 28 any vehicle constituting a mobile motor vehicle repair shop 29 from which the business of motor vehicle repair is conducted. 30 Section 25. Section 559.904, Florida Statutes, is 31 amended to read: 34 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 559.904 Motor vehicle repair shop registration; 2 application; exemption.-- 3 (1) Each motor vehicle repair shop engaged or 4 attempting to engage in the business of motor vehicle repair 5 work must register with the department prior to doing business 6 in this state. The application for registration must be on a 7 form provided by the department and must include at least the 8 following information: 9 (a) The name of the applicant. 10 (b) The name under which the applicant is doing 11 business. 12 (c) The business address at which the applicant 13 performs repair work or in the case of a mobile motor vehicle 14 repair shop, the home address of the owner, if different from 15 the business address. 16 (d) Copies of all licenses, permits, and 17 certifications obtained by the applicant or employees of the 18 applicant. 19 (e) Number of employees which the applicant intends to 20 employ or which are currently employed. 21 (2) Any motor vehicle repair shop maintaining more 22 than one place of business may file a single application 23 annually, which, along with the other information required by 24 this part, clearly indicates the location of and the 25 individual in charge of each facility or in the case of a 26 mobile motor vehicle repair shop, the home address of the 27 owner, if different from the business address. In such case, 28 fees shall be paid for each place of business location. 29 (3) Each application for registration must be 30 accompanied by a registration fee set forth as follows: 31 35 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (a) If the place of business only performed "minor 2 repair service": $25. 3 (b)(a) If the place of business has 1 to 5 employees: 4 $50 $25. 5 (c)(b) If the place of business has 6 to 10 employees: 6 $150. 7 (d)(c) If the place of business has 11 or more 8 employees: $300. 9 (4) No annual registration fee is required for any 10 motor vehicle repair shop which has a local municipal or 11 county license issued pursuant to an ordinance containing 12 standards which the department determines are at least equal 13 to the requirements of this part, or for any motor vehicle 14 dealer licensed pursuant to chapter 320. 15 (5) The department shall issue to each applicant a 16 registration certificate in the form and size as prescribed by 17 the department in accordance with s. 120.60. In the case of 18 an applicant with more than one place of business, the 19 department shall issue a registration certificate for each 20 place of business. The certificate must show at least the name 21 and address of the motor vehicle repair shop and the 22 registration number for that place of business. In the case of 23 a mobile motor vehicle repair shop, the certificate must show 24 the home address of the owner, if different from the business 25 address. 26 (6) Any affidavit of exemption proof of filing 27 certificate, issued by the department prior to July 1, 1997, 28 to a motor vehicle repair shop conducting only minor repair 29 services shall be valid until its expiration. Each motor 30 vehicle repair shop which performs only "minor repairs" is 31 exempt from the provisions of subsections (1)-(5); however, 36 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 any motor vehicle repair shop claiming to be exempt shall 2 annually file with the department an affidavit of exemption 3 accompanied by a $10 fee prior to engaging in business in this 4 state. The affidavit of exemption shall be on forms 5 prescribed by the department and shall include the name of the 6 business and the business address where minor repair is 7 performed. Any motor vehicle repair shop maintaining more than 8 one business, each of which performs only minor repairs, may 9 file a single affidavit of exemption annually, which, along 10 with the other information required by this part, clearly 11 indicates the location and individual in each place of 12 business. In such case, fees shall be paid for each location. 13 Notwithstanding any exemption from the provisions of 14 subsections (1)-(5), all other provisions of this part shall 15 apply to any motor vehicle repair shop claiming to perform 16 only minor repairs. 17 (7) Any person applying for or renewing a local 18 occupational license on or after October 1, 1993, to engage in 19 business as a motor vehicle repair shop must exhibit an active 20 registration certificate or active affidavit of exemption 21 proof of filing certificate from the department or a copy of 22 the affidavit of exemption before the local occupational 23 license may be issued or renewed. 24 (8) Each registration and affidavit of exemption must 25 be renewed annually. 26 (9) No annual registration application or fee is 27 required for an individual with no employees and no 28 established place of business. In the case of a mobile motor 29 vehicle repair shop, the established place of business shall 30 be considered the home address of the owner, if different than 31 the business address. 37 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (10) The department may deny or refuse to renew the 2 registration of a motor vehicle repair shop based upon a 3 determination that the motor vehicle repair shop, or any of 4 its directors, officers, owners, or general partners: 5 (a) Has failed to meet the requirements for 6 registration as provided in this part; 7 (b) Has not satisfied a civil fine, administrative 8 fine, or other penalty arising out of any administrative or 9 enforcement action brought by any governmental agency based 10 upon conduct involving fraud, dishonest dealing, or any 11 violation of this part; 12 (c) Has had against him any civil, criminal, or 13 administrative adjudication in any jurisdiction, based upon 14 conduct involving fraud, dishonest dealing, or any violation 15 of this part; or 16 (d) Has had a judgment entered against him in any 17 action brought by the department or the state attorney 18 pursuant to ss. 501.201-501.213 or this part. 19 Section 26. Subsections (1) and (2) of section 20 559.905, Florida Statutes, are amended to read: 21 559.905 Written motor vehicle repair estimate and 22 disclosure statement required.-- 23 (1) When any customer requests a motor vehicle repair 24 shop to perform repair work on a motor vehicle, the cost of 25 which repair work will exceed $100 $50 to the customer, the 26 shop shall prepare a written repair estimate, which is a form 27 setting forth the estimated cost of repair work, including 28 diagnostic work, before effecting any diagnostic work or 29 repair. The written repair estimate shall also include the 30 following items: 31 38 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (a) The name, address, and telephone number of the 2 motor vehicle repair shop. 3 (b) The name, address, and telephone number of the 4 customer. 5 (c) The date and time of the written repair estimate. 6 (d) The year, make, model, odometer reading, and 7 license tag number of the motor vehicle. 8 (e) The proposed work completion date. 9 (f) A general description of the customer's problem or 10 request for repair work or service relating to the motor 11 vehicle. 12 (g) A statement as to whether the customer is being 13 charged according to a flat rate or an hourly rate, or both. 14 (h) The estimated cost of repair. 15 (i) The charge for making a repair price estimate or, 16 if the charge cannot be predetermined, the basis on which the 17 charge will be calculated. 18 (j) The customer's intended method of payment. 19 (k) The name and telephone number of another person 20 who may authorize repair work, if the customer desires to 21 designate such person. 22 (l) A statement indicating what, if anything, is 23 guaranteed in connection with the repair work and the time and 24 mileage period for which the guarantee is effective. 25 (m) A statement allowing the customer to indicate 26 whether replaced parts should be saved for inspection or 27 return. 28 (n) A statement indicating the daily charge for 29 storing the customer's motor vehicle after the customer has 30 been notified that the repair work has been completed. 31 However, no storage charges shall accrue or be due and payable 39 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 for a period of 3 working days from the date of such 2 notification. 3 (2) If the cost of repair work will exceed $100 $50, 4 the shop shall present to the customer a written notice 5 conspicuously disclosing, in a separate, blocked section, only 6 the following statement, in capital letters of at least 7 12-point type: 8 9 PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND 10 SIGN: 11 I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A 12 WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $100 $50. 13 14 .... I REQUEST A WRITTEN ESTIMATE. 15 16 .... I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE 17 REPAIR COSTS DO NOT EXCEED $..... THE SHOP MAY NOT EXCEED 18 THIS AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL. 19 20 .... I DO NOT REQUEST A WRITTEN ESTIMATE. 21 22 SIGNED ............ DATE .... 23 24 Section 27. Subsection (4) of section 559.921, Florida 25 Statutes, is amended to read: 26 559.921 Remedies.-- 27 (4)(a) The department may enter an order imposing one 28 or more of the penalties set forth in paragraph (b) if the 29 department finds that a motor vehicle repair shop: 30 31 40 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 1. Violated or is operating in violation of any of the 2 provisions of this part or of the rules adopted or orders 3 issued thereunder; 4 2. Made a material false statement in any application, 5 document, or record required to be submitted or retained under 6 this part; 7 3. Refused or failed, or any of its principal officers 8 has refused or failed, after notice, to produce any document 9 or record or disclose any information required to be produced 10 or disclosed under this part or the rules of the department; 11 4. Made a material false statement in response to any 12 request or investigation by the department, the Department of 13 Legal Affairs, or the state attorney; or 14 5. Has intentionally defrauded the public through 15 dishonest or deceptive means. 16 (b) Upon a finding as set forth in paragraph (a), the 17 department may enter an order doing one or more of the 18 following: 19 1. Issuing a notice of noncompliance pursuant to s. 20 120.695. 21 2. Imposing an administrative fine not to exceed 22 $1,000 per violation for each act which constitutes a 23 violation of this part or a rule or order. 24 3. Directing that the motor vehicle repair shop cease 25 and desist specified activities. 26 4. Refusing to register or revoking or suspending a 27 registration. 28 5. Placing the registrant on probation for a period of 29 time, subject to such conditions as the department may 30 specify. 31 41 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (c) The administrative proceedings which could result 2 in the entry of an order imposing any of the penalties 3 specified in paragraph (b) shall be conducted in accordance 4 with chapter 120. The department may enforce the provisions of 5 this part by imposing administrative fines not to exceed 6 $1,000 per violation or by taking action to suspend or revoke 7 the registration of a motor vehicle repair shop when: 8 (a) The business has a pattern of failing to comply 9 with or violating the provisions of this part; 10 (b) The business has filed an application in which any 11 material fact is omitted or falsely stated; or 12 (c) The business has intentionally defrauded the 13 public through dishonest or deceptive means. 14 15 All hearings under this subsection shall be conducted in 16 accordance with chapter 120. 17 Section 28. Section 559.92201, Florida Statutes, is 18 created to read: 19 559.92201 Rulemaking power.--The department has the 20 authority to adopt rules pursuant to chapter 120 to implement 21 this part. 22 Section 29. Paragraph (b) of subsection (1) of section 23 559.9221, Florida Statutes, is amended to read: 24 559.9221 Motor Vehicle Repair Advisory Council.--The 25 Motor Vehicle Repair Advisory Council is created to advise and 26 assist the department in carrying out this part. 27 (1) The membership of the council may not exceed 11 28 members appointed by the Commissioner of Agriculture. 29 (b) One member of the council must be chosen from 30 persons already engaged solely in minor repair service who are 31 eligible to submit an affidavit of exemption and who submit 42 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 such affidavit by October 1, 1993. Thereafter, the minor 2 repair shop member of this council must file an annual 3 affidavit of exemption pursuant to this part. 4 Section 30. Subsection (10) of section 559.927, 5 Florida Statutes, is amended to read: 6 559.927 Definitions.--For the purposes of this part, 7 the term: 8 (10) "Seller of travel" means any resident or 9 nonresident person, firm, corporation, or business entity who 10 offers for sale, directly or indirectly, at wholesale or 11 retail, prearranged travel, tourist-related services, or 12 tour-guide services for individuals or groups, including, but 13 not limited to, through vacation or tour packages, or through 14 vacation certificates in exchange for a fee, commission, or 15 other valuable consideration. The term includes any business 16 entity offering membership in a travel club or travel services 17 for an advance fee or payment, even if no travel contracts or 18 certificates or vacation or tour packages are sold by the 19 business entity. 20 Section 31. Subsection (2) of section 559.928, Florida 21 Statutes, is amended, subsections (3), (4), (5), (6), (7), and 22 (8) are renumbered as subsections (4), (5), (6), (7), (8), and 23 (9), respectively, and a new subsection (3) is added to said 24 section, to read: 25 559.928 Registration.-- 26 (2) Registration fees shall be in an amount equal to 27 the costs to the department of implementing and enforcing this 28 part. However, such fee may not be greater than $300 per year 29 per registrant. All amounts collected shall be deposited by 30 the Treasurer to the credit of the General Inspection Trust 31 Fund of the Department of Agriculture and Consumer Services 43 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 pursuant to s. 570.20, for the sole purpose of administration 2 of this part. 3 (3) Each independent agent shall annually file an 4 affidavit with the department accompanied by a $25 filing fee 5 prior to engaging in business in this state. The affidavit 6 shall include the independent agent's full name, legal 7 business or trade name, mailing address, business address, 8 telephone numbers, and social security number. The 9 independent agent shall file with the affidavit a copy of each 10 written contract entered into with a seller of travel. A 11 letter evidencing proof of filing shall be issued by the 12 department and must be prominently displayed in the 13 independent agent's primary place of business. 14 Section 32. Subsection (1) of section 559.929, Florida 15 Statutes, 1996 Supplement, is amended to read: 16 559.929 Security requirements.-- 17 (1) An application must be accompanied by a 18 performance bond in an amount set by the department not to 19 exceed $25,000, or in the an amount of set by the department 20 not to exceed $50,000 if the seller of travel is offering 21 vacation certificates. The surety on such bond shall be a 22 surety company authorized to do business in the state. 23 Section 33. Section 559.9295, Florida Statutes, is 24 amended to read: 25 559.9295 Submission of vacation certificate 26 documents.--Sellers of travel who offer vacation certificates 27 must submit and disclose to the department with the 28 application for registration, and any time such document is 29 changed, but prior to the sale of any vacation certificate, 30 the following materials: 31 44 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (1) A copy of the contract by which the rights, 2 obligations, benefits, and privileges resulting from purchase 3 of a vacation certificate are established. 4 (2) A copy of each promotional brochure, pamphlet, 5 form letter, registration form, or any other written material 6 disseminated in connection with the advertising, promotion, or 7 sale of any vacation certificate. 8 (3) A verbatim script of each radio, television, or 9 movie, or other similar advertisement, broadcast to the public 10 in connection with the advertising, promotion, or sale of any 11 vacation certificates. 12 (4) A transcript of any standard verbal sales 13 presentation utilized in connection with the advertising, 14 promotion, or sale of vacation certificates. 15 (5) A copy of all rules, regulations, conditions, or 16 limitations upon the use of, or obtaining reservations for the 17 use of, accommodations or facilities available pursuant to the 18 vacation certificate. 19 (6) A copy of a written authorization for the use of 20 any registered trademark, trade name, or trade logo utilized 21 in promotional brochures, pamphlets, form letters, 22 registration forms, or other written materials disseminated in 23 connection with the advertising, promotion, or sale of 24 vacation certificates from the holder of each trademark, trade 25 name, or trade logo so used. 26 (7) A complete copy of the original of each 27 testimonial letter from previous vacation certificate 28 purchasers utilized in advertisements disseminated in 29 connection with advertising, promotion, or sale of vacation 30 certificates. 31 45 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (8) Where discount or complimentary coupons or tickets 2 are to be provided to purchasers, a copy of such ticket or 3 coupon which shall include a statement of the names and 4 addresses of businesses where honored, the goods, services, or 5 amenities provided, and any additional charges, limitations, 6 or conditions. 7 (9) Where other goods, services, or amenities are 8 provided to the purchaser in addition to the right to use 9 accommodations or facilities, a description of such goods, 10 services, or amenities, including any charges, limitations, or 11 conditions, and a statement of the names and addresses of 12 business entities which are to provide or honor them. 13 (10) A statement of the number of certificates to be 14 issued and the date of their expiration. 15 (11) A copy of the vacation certificate and its 16 component parts, including, but not limited to, any 17 registration card, form letter, reservation form, confirmation 18 form, and lodging directory. 19 (12) A copy of any agreement between the seller and 20 business entities providing accommodations or facilities to 21 purchasers. 22 (13) A copy of any agreement between the seller and 23 each business entity providing or honoring discount or 24 complimentary coupons or tickets, or providing other goods, 25 services, or amenities to the purchaser. 26 (14) A listing of the full name, address, and 27 telephone number of each person through which the distribution 28 and sale of vacation certificates is to be carried out, 29 including the number of vacation certificates allocated or 30 sold to each such person and the name and address of a Florida 31 registered agent for service of process. 46 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (15) A financial statement prepared by an independent 2 certified public accountant in accordance with generally 3 accepted accounting principles or the most recently filed 4 federal income tax return. Such statement or return shall be 5 submitted annually at the close of each fiscal year. A seller 6 which has not yet begun operations shall submit a balance 7 sheet prepared by an independent certified public accountant 8 in accordance with generally accepted auditing principles in 9 lieu of an initial financial statement, thereafter annually 10 submitting a financial statement or federal income tax return 11 at the close of the fiscal year. 12 (16) An annual submission fee not to exceed $100. 13 (17) Within 10-working days after receipt of any 14 materials submitted subsequent to filing an initial 15 registration application or any annual renewal thereof, the 16 department shall determine whether such materials are adequate 17 to meet the requirements of this section. The department shall 18 notify the seller of travel that materials submitted are in 19 substantial compliance, or shall notify the seller of travel 20 of any specific deficiencies. If the department fails to 21 notify the seller of travel of its determination within the 22 period specified in this paragraph, the materials shall be 23 deemed in compliance; however, the failure of the department 24 to send notification in either case will not relieve the 25 seller of travel from the duty of complying with this section. 26 Neither the submission of these materials nor the department's 27 response implies approval, recommendation, or endorsement by 28 the department or that the contents of said materials have 29 been verified by the department. 30 Section 34. Paragraph (g) is added to subsection (11) 31 of section 559.9335, Florida Statutes, subsections (12), (13), 47 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (14), (15), (16), (17), (18), (19), (20), (21), (22), and 2 (23), are renumbered as subsections (14), (15), (16), (17), 3 (18), (19), (20), (21), (22), (23), (24), and (25), 4 respectively, and new subsections (12) and (13) are added to 5 said section, to read: 6 559.9335 Violations.--It is a violation of this part 7 for any person: 8 (11) To misrepresent or deceptively represent: 9 (g) That the recipient of an advertisement or 10 promotional materials is a winner, or has been selected, or is 11 otherwise being involved in a select group for receipt, of a 12 gift, award, or prize, unless this fact is the truth. 13 (12) To fail to inform a purchaser of a nonrefundable 14 cancellation policy prior to the seller of travel accepting 15 any fee, commission, or other valuable consideration. 16 (13) To fail to include, when offering to sell a 17 vacation certificate, in any advertisement or promotional 18 material, the following statement: "This is an offer to sell 19 travel." 20 Section 35. Subsections (1) and (3) of section 21 559.9355, Florida Statutes, are amended to read: 22 559.9355 Administrative remedies; penalties.-- 23 (1) The department may enter an order doing one or 24 more of the following if the department finds that a person 25 seller of travel has violated or is operating in violation of 26 any of the provisions of this part or the rules or orders 27 issued thereunder: 28 (a)(e) Issuing a notice of noncompliance pursuant to 29 s. 120.695 of a letter of concern. 30 (b)(a) Imposing an administrative fine not to exceed 31 $5,000 for each act or omission. 48 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 (c)(b) Directing that the person seller of travel 2 cease and desist specified activities. 3 (d)(c) Refusing to register or canceling or suspending 4 a registration. 5 (e)(d) Placing the registrant on probation for a 6 period of time, subject to such conditions as the department 7 may specify. 8 (f) Canceling an exemption granted under s. 559.935. 9 (3) The department has the authority to adopt may 10 adopt any reasonable rules rule pursuant to chapter 120 to 11 implement to carry out the provisions of this section and ss. 12 559.928, 559.929, 559.934, and 559.935. 13 Section 36. Section 559.8015, Florida Statutes, is 14 hereby repealed. 15 Section 37. This act shall take effect July 1, 1997. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 49 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 ***************************************** 2 HOUSE SUMMARY 3 Revises the provisions of the Solicitation of 4 Contributions Act to provide that the late filing fee shall be $25 for each month or part of a month that the 5 annual renewal statement and financial report are late and eliminates the requirement that the Department of 6 Agriculture and Consumer Services set such a fee and to provide for the authority of the department with respect 7 to registration and solicitation requirements. 8 Revises current provisions of law relating to health 9 studios to provide an exemption from regulation for described country clubs, to eliminate a penalty fee for 10 late registrations, and to revise provisions relating to security requirements and penalties. 11 12 Revises provisions of law with respect to home solicitation sales to eliminate reference to the Division 13 of Consumer Services of the Department of Agriculture and Consumer Services. 14 15 Revises the Dance Studio Act to provide a fee of $300 per year for each dance studio location, to delete reference 16 to the setting of such a fee by the department, and to provide penalties for violations of rules or orders of 17 the department. 18 Provides for a licensing fee of $1,500 for commercial 19 telephone sellers and deletes reference to the department setting the fee. Revises language with respect to 20 licensure of salespersons and grounds for denial of licensure. 21 22 Revises the Florida Pawnbroking Act to define beneficial owner and operator, to provide that any person applying 23 for or renewing a local occupational license as a pawnbroker must exhibit a current license from the agency 24 before the local license may be issued or reissued, and to provide for agency rulemaking. 25 26 Revises the Sale of Business Opportunities Act to delete a provision applying the act to advertisers of business 27 opportunities, to revise the requirements with respect to the disclosure statement, to provide additional 28 requirements with respect to filings with the department, to provide that every business opportunity contract shall 29 be in writing and a copy shall be given to the purchaser at least 3 working days before signing, and to revise 30 provisions with respect to remedies and enforcement. 31 Revises the Florida Motor Vehicle Repair Act to provide 50 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1619 190-893E-97 1 for additional information to be provided for registration, to revise the fee schedule for 2 registration, to provide criteria for denying or refusing to renew a registration and to provide for additional 3 remedies. 4 Revises the Florida Sellers of Travel Act to redefine the 5 term "seller of travel," to provide for a $300 registration fee per registrant per year, to provide for 6 an affidavit and an annual $25 filing fee for agents, to revise language with respect to security requirements, to 7 provide for the effect of the submission of vacation certificate documents, to provide for additional acts 8 which constitute violations of the act, and to revise language with respect to administration remedies and 9 penalties. 10 See bill for details. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 51