House Bill 1061
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
By the Committee on Business Regulation & Consumer Affairs
and Representatives Ogles, Futch, J. Miller, Cantens, Kilmer,
Greenstein and Turnbull
1 A bill to be entitled
2 An act relating to consumer protection;
3 amending s. 496.404, F.S.; revising
4 definitions; amending s. 496.405, F.S.;
5 providing additional information to be included
6 within initial registration statements for
7 charitable organizations and sponsors;
8 prohibiting an employee of a charitable
9 organization or sponsor from soliciting
10 contributions on behalf of the charitable
11 organization or sponsor under specified
12 conditions; amending s. 496.409, F.S.; revising
13 and providing additional information to be
14 included within application for registration or
15 renewal of registration as a professional
16 fundraising consultant; prohibiting a person
17 from acting as a professional fundraising
18 consultant under specified circumstances;
19 amending s. 496.410, F.S.; revising and
20 providing additional information to be included
21 within application for registration or renewal
22 of registration as a professional solicitor;
23 revising provisions which prohibit a person
24 from acting as a professional solicitor;
25 amending s. 496.420, F.S.; revising provisions
26 relating to civil remedies and enforcement;
27 amending s. 501.025, F.S.; providing that
28 specified mortgages do not constitute an
29 evidence of indebtedness for purposes of a
30 buyer's right to cancel a home solicitation
31 sale; amending s. 501.604, F.S.; providing
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 additional exclusions from the exemptions to
2 pt. IV of ch. 501, F.S., the Florida
3 Telemarketing Act; amending s. 501.616, F.S.;
4 providing additional unlawful practices with
5 respect to telephone solicitation; amending s.
6 539.001, F.S.; revising license requirements
7 under the Florida Pawnbroking Act; revising
8 conditions of eligibility for license;
9 requiring specified persons to file certain
10 documentation upon application for license;
11 requiring the submission of fingerprints with
12 each initial application for licensure;
13 requiring the Division of Consumer Services to
14 submit fingerprints of each applicant for
15 licensure to the Florida Department of Law
16 Enforcement; requiring the Florida Department
17 of Law Enforcement to forward the fingerprints
18 to the Federal Bureau of Investigation;
19 providing an additional condition under which a
20 pawnbroker license may be suspended or revoked;
21 providing that specified unintentional errors
22 in required applications, documents, or records
23 are not subject to criminal penalties; amending
24 s. 559.803, F.S.; revising provisions relating
25 to required information contained in disclosure
26 statements with respect to the sale or lease of
27 business opportunities; amending s. 559.805,
28 F.S.; requiring a seller of business
29 opportunities to file additional information
30 with the department; reenacting s. 559.815,
31 F.S.; providing a penalty; amending s. 559.903,
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 F.S.; revising the definition of "motor
2 vehicle" for the purposes of pt. IX of ch. 559,
3 F.S., relating to repair of motor vehicles;
4 amending s. 559.904, F.S.; requiring the
5 department to post a specified sign at any
6 motor vehicle repair shop that has had its
7 registration suspended or revoked or that has
8 been determined to be operating without a
9 registration; providing a second degree
10 misdemeanor penalty for defacing or removing
11 such a sign, for operating without a
12 registration, or operating with a revoked or
13 suspended registration; authorizing the
14 department to impose administrative sanctions;
15 amending s. 741.0305, F.S.; correcting a cross
16 reference; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsections (5) and (6) of section 496.404,
21 Florida Statutes, 1998 Supplement, are amended, present
22 subsection (21) is renumbered as subsection (20) and amended,
23 and subsections (7) through (24) are renumbered as subsections
24 (6) through (23), respectively, to read:
25 496.404 Definitions.--As used in ss. 496.401-496.424:
26 (5) "Contribution" means the promise, pledge, or grant
27 of any money or property, financial assistance, or any other
28 thing of value in response to a solicitation. "Contribution"
29 includes, in the case of a charitable organization or sponsor
30 offering goods and services to the public, the difference
31 between the direct cost of the goods and services to the
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 charitable organization or sponsor and the price at which the
2 charitable organization or sponsor or any person acting on
3 behalf of the charitable organization or sponsor resells those
4 goods or services to the public. "Contribution" does not
5 include bona fide fees, dues, or assessments paid by members,
6 provided that membership is not conferred solely as
7 consideration for making a contribution in response to a
8 solicitation. "Contribution" also does not include funds
9 obtained by a charitable organization or sponsor pursuant to
10 government grants or contracts, or obtained as an allocation
11 from a United Way organization that is duly registered with
12 the department or received from an organization that is exempt
13 from federal income taxation under s. 501(a) of the Internal
14 Revenue Code and described in s. 501(c) of the Internal
15 Revenue Code that is duly registered with the department.
16 (6) "Conviction" means a determination of guilt
17 resulting from plea or trial, regardless of whether
18 adjudication was withheld or imposition of sentence was
19 suspended.
20 (20)(21) "Solicitation" means a request, directly or
21 indirectly, for money, property, financial assistance, or any
22 other thing of value on the plea or representation that such
23 money, property, financial assistance, or other thing of value
24 or a portion of it will be used for a charitable or sponsor
25 purpose or will benefit a charitable organization or sponsor.
26 "Solicitation" includes, but is not limited to, the following
27 methods of requesting or securing the promise, pledge, or
28 grant of money, property, financial assistance, or any other
29 thing of value:
30 (a) Any oral or written request;
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 (b) Making any announcement to the press, on radio or
2 television, by telephone or telegraph, or by any other
3 communication device concerning an appeal or campaign by or
4 for any charitable organization or sponsor or for any
5 charitable or sponsor purpose;
6 (c) Distributing, circulating, posting, or publishing
7 any handbill, written advertisement, or other publication that
8 directly or by implication seeks to obtain any contribution;
9 or
10 (d) Selling or offering or attempting to sell any
11 advertisement, advertising space, book, card, coupon, chance,
12 device, magazine, membership, merchandise, subscription,
13 sponsorship, flower, admission, ticket, food, or other service
14 or tangible good, item, or thing of value, or any right of any
15 description in connection with which any appeal is made for
16 any charitable organization or sponsor or charitable or
17 sponsor purpose, or when the name of any charitable
18 organization or sponsor is used or referred to in any such
19 appeal as an inducement or reason for making the sale or when,
20 in connection with the sale or offer or attempt to sell, any
21 statement is made that all or part of the proceeds from the
22 sale will be used for any charitable or sponsor purpose or
23 will benefit any charitable organization or sponsor.
24
25 A solicitation is considered as having taken place whether or
26 not the person making the solicitation receives any
27 contribution. A solicitation does not occur when a person
28 applies for a grant or an award to the government or to an
29 organization that is exempt from federal income taxation under
30 s. 501(a) of the Internal Revenue Code and described in s.
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 501(c) of the Internal Revenue Code and is duly registered
2 with the department.
3 Section 2. Paragraph (d) of subsection (2) of section
4 496.405, Florida Statutes, 1998 Supplement, is amended, and a
5 new subsection (8) is added to said section, to read:
6 496.405 Registration statements by charitable
7 organizations and sponsors.--
8 (2) The initial registration statement must be
9 submitted on a form prescribed by the department, signed under
10 oath by the treasurer or chief fiscal officer of the
11 charitable organization or sponsor, and include the following
12 information or material:
13 (d) A statement of whether:
14 1. The charitable organization or sponsor is
15 authorized by any other state to solicit contributions;
16 2. The charitable organization or sponsor or any of
17 its officers, directors, trustees, or principal salaried
18 executive personnel have been enjoined in any jurisdiction
19 from soliciting contributions or have been found to have
20 engaged in unlawful practices in the solicitation of
21 contributions or administration of charitable assets;
22 3. The charitable organization or sponsor has had its
23 registration or authority denied, suspended, or revoked by any
24 governmental agency, together with the reasons for such
25 denial, suspension, or revocation; and
26 4. The charitable organization or sponsor has
27 voluntarily entered into an assurance of voluntary compliance
28 or agreement similar to that set forth in s. 496.420, together
29 with a copy of that agreement.
30 5. The charitable organization or sponsor or any of
31 its officers, directors, trustees, or principal salaried
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 executive personnel, regardless of adjudication, has been
2 convicted of, or found guilty of, or pled guilty or nolo
3 contendere to, or has been incarcerated within the last 10
4 years as a result of having previously been convicted of, or
5 found guilty of, or pled guilty or nolo contendere to, any
6 felony or any crime involving fraud, theft, larceny,
7 embezzlement, fraudulent conversion, misappropriation of
8 property, or any crime arising from the conduct of a
9 solicitation for a charitable organization or sponsor within
10 the last 10 years and, if so, the name of such person, the
11 nature of the offense, the date of the offense, the court
12 having jurisdiction in the case, the date of conviction or
13 other disposition, and the disposition of the offense.
14 6. The charitable organization or sponsor or any of
15 its officers, directors, trustees, or principal salaried
16 executive personnel has been enjoined from violating any law
17 relating to a charitable solicitation, and, if so, the name of
18 such person, the date of the injunction, and the court issuing
19 the injunction.
20 (8) No employee of a charitable organization or
21 sponsor may solicit contributions on behalf of such charitable
22 organization or sponsor if such employee has, regardless of
23 adjudication, been convicted of, or found guilty of, or pled
24 guilty or nolo contendere to, or has been incarcerated within
25 the last 10 years as a result of having previously been
26 convicted of, or found guilty of, or pled guilty or nolo
27 contendere to, any felony within the last 10 years or any
28 crime within the last 10 years involving fraud, theft,
29 larceny, embezzlement, fraudulent conversion, misappropriation
30 of property, or any crime arising from the conduct of a
31 solicitation for a charitable organization or sponsor, or has
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 been enjoined from violating any law relating to a charitable
2 solicitation.
3 Section 3. Subsection (2) of section 496.409, Florida
4 Statutes, is amended, and a new subsection (9) is added to
5 said section, to read:
6 496.409 Registration and duties of professional
7 fundraising consultant.--
8 (2) Applications for registration or renewal of
9 registration must be submitted on a form prescribed by the
10 department, signed under oath, and must include the following
11 information:
12 (a) The street address and telephone number of the
13 principal place of business of the applicant and any Florida
14 street addresses if the principal place of business is located
15 outside this state.
16 (b) The form of the applicant's business.
17 (c) The names and residence addresses of all
18 principals of the applicant, including all officers,
19 directors, and owners.
20 (d) Whether any of the owners, directors, officers, or
21 employees of the applicant are related as parent, child,
22 spouse, or sibling to any other directors, officers, owners,
23 or employees of the applicant; to any officer, director,
24 trustee, or employee of any charitable organization or sponsor
25 under contract to the applicant; or to any supplier or vendor
26 providing goods or services to any charitable organization or
27 sponsor under contract to the applicant.
28 (e) Whether the applicant or any of its officers,
29 directors, trustees, or principal salaried employees have,
30 within the last 10 5 years, regardless of adjudication, been
31 convicted, or found guilty of, or pled guilty or nolo
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 contendere to, or have been incarcerated within the last 10
2 years as a result of having previously been convicted of, or
3 found guilty of, or pled guilty or nolo contendere to, any
4 felony and, if so, the name of such person, the nature of the
5 offense, the date of the offense, the court having
6 jurisdiction in the case, the date of conviction or other
7 disposition, and the disposition of the offense of any felony,
8 or of any misdemeanor arising from the conduct of a
9 solicitation for a charitable organization or sponsor or
10 charitable or sponsor purpose, or been enjoined from violating
11 a charitable solicitation law in this or any other state.
12 (f) Whether the applicant or any of its officers,
13 directors, trustees, or principal salaried employees have,
14 regardless of adjudication, been convicted of, or found guilty
15 of, or pled guilty or nolo contendere to, or have been
16 incarcerated within the last 10 years as a result of having
17 previously been convicted of, or found guilty of, or pled
18 guilty or nolo contendere to, a crime within the last 10 years
19 involving fraud, theft, larceny, embezzlement, fraudulent
20 conversion, or misappropriation of property, or any crime
21 arising from the conduct of a solicitation for a charitable
22 organization or sponsor and, if so, the name of such person,
23 the nature of the offense, the date of the offense, the court
24 having jurisdiction in the case, the date of conviction or
25 other disposition, and the disposition of the offense.
26 (g) Whether the applicant or any of its officers,
27 directors, trustees, or principal salaried employees have been
28 enjoined from violating any law relating to a charitable
29 solicitation and, if so, the name of such person, the date of
30 the injunction, and the court issuing the injunction.
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 (9) No person may act as a professional fundraising
2 consultant if such person or any officer, trustee, director,
3 or principal salaried employee thereof has, regardless of
4 adjudication, been convicted of, or found guilty of, or pled
5 guilty or nolo contendere to, or has been incarcerated within
6 the last 10 years as a result of having previously been
7 convicted of, or found guilty of, or pled guilty or nolo
8 contendere to, any crime within the last 10 years involving
9 fraud, theft, larceny, embezzlement, fraudulent conversion, or
10 misappropriation of property, or any crime arising from the
11 conduct of a solicitation for a charitable organization or
12 sponsor, or has been enjoined from violating any law relating
13 to a charitable solicitation.
14 Section 4. Subsections (2) and (14) of section
15 496.410, Florida Statutes, are amended to read:
16 496.410 Registration and duties of professional
17 solicitors.--
18 (2) Applications for registration or renewal of
19 registration must be submitted on a form prescribed by rule of
20 the department, signed under oath, and must include the
21 following information:
22 (a) The street address and telephone number of the
23 principal place of business of the applicant and any Florida
24 street addresses if the principal place of business is located
25 outside this state.
26 (b) The form of the applicant's business.
27 (c) The place and date when the applicant, if other
28 than an individual, was legally established.
29 (d) The names and residence addresses of all
30 principals of the applicant, including all officers,
31 directors, and owners.
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 (e) A statement as to whether any of the owners,
2 directors, officers, or employees of the applicant are related
3 as parent, spouse, child, or sibling to any other directors,
4 officers, owners, or employees of the applicant; to any
5 officer, director, trustee, or employee of any charitable
6 organization or sponsor under contract to the applicant; or to
7 any supplier or vendor providing goods or services to any
8 charitable organization or sponsor under contract to the
9 applicant.
10 (f) A statement as to whether the applicant or any of
11 its directors, officers, trustees, persons with a controlling
12 interest in the applicant, or employees or agents involved in
13 solicitation have been convicted, within the last 10 5 years,
14 regardless of adjudication, been convicted of, or found guilty
15 of, or pled guilty or nolo contendere to, or have been
16 incarcerated within the last 10 years as a result of having
17 previously been convicted of, or found guilty of, or pled
18 guilty or nolo contendere to, any felony and, if so, the name
19 of such person, the nature of the offense, the date of the
20 offense, the court having jurisdiction in the case, the date
21 of conviction or other disposition, and the disposition of the
22 offense of any felony, or of a misdemeanor arising from the
23 conduct of a solicitation for any charitable organization or
24 sponsor or charitable or sponsor purpose, or been enjoined
25 from violating a charitable solicitation law in this or any
26 other state.
27 (g) A statement as to whether the applicant or any of
28 its directors, officers, trustees, persons with a controlling
29 interest in the applicant, or employees or agents involved in
30 solicitation have, regardless of adjudication, been convicted
31 of, or found guilty of, or pled guilty or nolo contendere to,
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 or have been incarcerated within the last 10 years as a result
2 of having previously been convicted of, or found guilty of, or
3 pled guilty or nolo contendere to, a crime within the last 10
4 years involving fraud, theft, larceny, embezzlement,
5 fraudulent conversion, or misappropriation of property, or any
6 crime arising from the conduct of a solicitation for a
7 charitable organization or sponsor and, if so, the name of
8 such person, the nature of the offense, the date of the
9 offense, the court having jurisdiction in the case, the date
10 of conviction or other disposition, and the disposition of the
11 offense.
12 (h) A statement as to whether the applicant or any of
13 its directors, officers, trustees, persons with a controlling
14 interest in the applicant, or employees or agents involved in
15 solicitation have been enjoined from violating any law
16 relating to a charitable solicitation and, if so, the name of
17 such person, the date of the injunction, and the court issuing
18 the injunction.
19 (i)(g) The names of all persons in charge of any
20 solicitation activity.
21 (14) No person may act as a professional solicitor if
22 such person, any officer, trustee, or director thereof, any
23 person with a controlling interest therein, or any person the
24 professional solicitor employs, engages, or procures to
25 solicit for compensation, has, regardless of adjudication,
26 been convicted of, or found guilty of, or pled guilty or nolo
27 contendere to, or has been incarcerated within the last 10
28 years as a result of having previously been convicted of, or
29 found guilty of, or pled guilty or nolo contendere to, a
30 felony within the last 10 years involving fraud, theft,
31 larceny, embezzlement, fraudulent conversion, or
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 misappropriation of property, or any crime arising from the
2 conduct of a solicitation for a charitable organization or
3 sponsor, or has been enjoined from violating any law relating
4 to a charitable solicitation been convicted in the last 5
5 years by a court in any state of the United States of a crime
6 arising from the conduct of a solicitation for a charitable
7 organization or sponsor or a charitable purpose or sponsor
8 purpose.
9 Section 5. Section 496.420, Florida Statutes, is
10 amended to read:
11 496.420 Civil remedies and enforcement.--
12 (1) In addition to other remedies authorized by law,
13 the department of Legal Affairs may bring a civil action in
14 circuit court to enforce ss. 496.401-496.424 or s. 496.426.
15 Upon a finding that any person has violated any of these
16 sections, a court may make any necessary order or enter a
17 judgment including, but not limited to, a temporary or
18 permanent injunction, a declaratory judgment, the appointment
19 of a master or receiver, the sequestration of assets, the
20 reimbursement of persons from whom contributions have been
21 unlawfully solicited, the distribution of contributions in
22 accordance with the charitable or sponsor purpose expressed in
23 the registration statement or in accordance with the
24 representations made to the person solicited, the
25 reimbursement of the department for investigative costs, and
26 of the Department of Legal Affairs for attorney's fees and
27 costs, including investigative costs, and any other equitable
28 relief the court finds appropriate. Upon a finding that any
29 person has violated any provision of ss. 496.401-496.424 or s.
30 496.426 with actual knowledge or knowledge fairly implied on
31 the basis of objective circumstances, a court may enter an
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 order imposing a civil penalty in an amount not to exceed
2 $10,000 per violation.
3 (2) The department of Legal Affairs may conduct any
4 investigation necessary to bring a civil action under this
5 section including, but not limited to, administering oaths and
6 affirmations, subpoenaing witnesses or material, and
7 collecting evidence.
8 (3) The department of Legal Affairs may terminate an
9 investigation or an action upon acceptance of a person's
10 written assurance of voluntary compliance with ss.
11 496.401-496.424 or s. 496.426. Acceptance of an assurance may
12 be conditioned on commitment to reimburse donors or to take
13 other appropriate corrective action. An assurance is not
14 evidence of a prior violation of any of these sections.
15 However, unless an assurance has been rescinded by agreement
16 of the parties or voided by a court for good cause, subsequent
17 failure to comply with the terms of an assurance is prima
18 facie evidence of a violation of one or more of these
19 sections.
20 (4) All moneys, including, but not limited to, civil
21 penalties and attorney's fees and costs, collected pursuant to
22 this section and s. 496.416, shall be paid into the General
23 Inspection Consumer Frauds Trust Fund.
24 Section 6. Section 501.025, Florida Statutes, is
25 amended to read:
26 501.025 Home solicitation sale; buyer's right to
27 cancel.--In addition to any other right to revoke an offer,
28 the buyer has the right to cancel a home solicitation sale
29 until midnight of the third business day after the day on
30 which the buyer signs an agreement or offer to purchase.
31 Cancellation is evidenced by the buyer giving written notice
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 of cancellation in person, by telegram, or by mail to the
2 seller at the address stated in the agreement or offer to
3 purchase. The written notice of cancellation given by mail
4 shall be effective upon postmarking. The notice of
5 cancellation need not take a particular form and is sufficient
6 if it indicates by any form of written expression the
7 intention of the buyer not to be bound by the home
8 solicitation sale. Notice of a buyer's right to cancel must
9 appear on every note or other evidence of indebtedness given
10 pursuant to any home solicitation sale. For the purpose of
11 this section, unless a mortgage also creates the buyer's
12 promise to pay the secured debt, it is not an evidence of
13 indebtedness.
14 Section 7. The introductory paragraph of section
15 501.604, Florida Statutes, is amended to read:
16 501.604 Exemptions.--The provisions of this part,
17 except s. 501.608 and s. 501.616(6) and (7), do not apply to:
18 (1) A person engaging in commercial telephone
19 solicitation where the solicitation is an isolated transaction
20 and not done in the course of a pattern of repeated
21 transactions of like nature.
22 (2) A person soliciting for religious, charitable,
23 political, or educational purposes. A person soliciting for
24 other noncommercial purposes is exempt only if that person is
25 soliciting for a nonprofit corporation and if that corporation
26 is properly registered as such with the Secretary of State and
27 is included within the exemption of s. 501(c)(3) or (6) of the
28 Internal Revenue Code.
29 (3) A person who does not make the major sales
30 presentation during the telephone solicitation and who does
31 not intend to, and does not actually, complete or obtain
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 provisional acceptance of a sale during the telephone
2 solicitation, but who makes the major sales presentation and
3 completes the sale at a later face-to-face meeting between the
4 seller and the prospective purchaser in accordance with the
5 home solicitation provisions in this chapter. However, if a
6 seller, directly following a telephone solicitation, causes an
7 individual whose primary purpose it is to go to the
8 prospective purchaser to collect the payment or deliver any
9 item purchased, this exemption does not apply.
10 (4) Any licensed securities, commodities, or
11 investment broker, dealer, or investment adviser, when
12 soliciting within the scope of his or her license, or any
13 licensed associated person of a securities, commodities, or
14 investment broker, dealer, or investment adviser, when
15 soliciting within the scope of his or her license. As used in
16 this section, "licensed securities, commodities, or investment
17 broker, dealer, or investment adviser" means a person subject
18 to license or registration as such by the Securities and
19 Exchange Commission, by the National Association of Securities
20 Dealers or other self-regulatory organization as defined by
21 the Securities Exchange Act of 1934, 15 U.S.C. s. 78l, or by
22 an official or agency of this state or of any state of the
23 United States. As used in this section, "licensed associated
24 person of a securities, commodities, or investment broker,
25 dealer, or investment adviser" means any associated person
26 registered or licensed by the National Association of
27 Securities Dealers or other self-regulatory organization as
28 defined by the Securities Exchange Act of 1934, 15 U.S.C. s.
29 78l, or by an official or agency of this state or of any state
30 of the United States.
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 (5) A person primarily soliciting the sale of a
2 newspaper of general circulation.
3 (6) A book, video, or record club or contractual plan
4 or arrangement:
5 (a) Under which the seller provides the consumer with
6 a form which the consumer may use to instruct the seller not
7 to ship the offered merchandise.
8 (b) Which is regulated by the Federal Trade Commission
9 trade regulation concerning "use of negative option plans by
10 sellers in commerce."
11 (c) Which provides for the sale of books, records, or
12 videos which are not covered under paragraph (a) or paragraph
13 (b), including continuity plans, subscription arrangements,
14 standing order arrangements, supplements, and series
15 arrangements under which the seller periodically ships
16 merchandise to a consumer who has consented in advance to
17 receive such merchandise on a periodic basis.
18 (7) Any supervised financial institution or parent,
19 subsidiary, or affiliate thereof. As used in this section,
20 "supervised financial institution" means any commercial bank,
21 trust company, savings and loan association, mutual savings
22 bank, credit union, industrial loan company, consumer finance
23 lender, commercial finance lender, or insurer, provided that
24 the institution is subject to supervision by an official or
25 agency of this state, of any state, or of the United States.
26 For the purposes of this exemption, "affiliate" means a person
27 who directly, or indirectly through one or more
28 intermediaries, controls or is controlled by, or is under
29 common control with, a supervised financial institution.
30 (8) Any licensed insurance broker, agent, customer
31 representative, or solicitor when soliciting within the scope
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 of his or her license. As used in this section, "licensed
2 insurance broker, agent, customer representative, or
3 solicitor" means any insurance broker, agent, customer
4 representative, or solicitor licensed by an official or agency
5 of this state or of any state of the United States.
6 (9) A person soliciting the sale of services provided
7 by a cable television system operating under authority of a
8 franchise or permit.
9 (10) A business-to-business sale where:
10 (a) The commercial telephone seller has been operating
11 continuously for at least 3 years under the same business name
12 and has at least 50 percent of its dollar volume consisting of
13 repeat sales to existing businesses;
14 (b) The purchaser business intends to resell or offer
15 for purposes of advertisement or as a promotional item the
16 property or goods purchased; or
17 (c) The purchaser business intends to use the property
18 or goods purchased in a recycling, reuse, remanufacturing, or
19 manufacturing process.
20 (11) A person who solicits sales by periodically
21 publishing and delivering a catalog of the seller's
22 merchandise to prospective purchasers, if the catalog:
23 (a) Contains a written description or illustration of
24 each item offered for sale.
25 (b) Includes the business address or home office
26 address of the seller.
27 (c) Includes at least 20 pages of written material and
28 illustrations and is distributed in more than one state.
29 (d) Has an annual circulation by mailing of not less
30 than 150,000.
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 (12) A person who solicits contracts for the
2 maintenance or repair of goods previously purchased from the
3 person making the solicitation or on whose behalf the
4 solicitation is made.
5 (13) A commercial telephone seller licensed pursuant
6 to chapter 516 or part II of chapter 520. For purposes of this
7 exemption, the seller must solicit to sell a consumer good or
8 service within the scope of his or her license and the
9 completed transaction must be subject to the provisions of
10 chapter 516 or part II of chapter 520.
11 (14) A telephone company subject to the provisions of
12 chapter 364, or affiliate thereof or its agents, or a business
13 which is regulated by the Florida Public Service Commission,
14 or a Federal Communications Commission licensed cellular
15 telephone company or other bona fide radio telecommunication
16 services provider. For the purposes of this exemption,
17 "affiliate" means a person who directly, or indirectly through
18 one or more intermediaries, controls or is controlled by, or
19 is under common control with, a telephone company subject to
20 the provisions of chapter 364.
21 (15) A person who is licensed pursuant to chapter 470
22 or chapter 497 and who is soliciting within the scope of the
23 license.
24 (16) An issuer or a subsidiary of an issuer that has a
25 class of securities which is subject to s. 12 of the
26 Securities Exchange Act of 1934, 15 U.S.C. s. 78l, and which
27 is either registered or exempt from registration under
28 paragraph (A), paragraph (B), paragraph (C), paragraph (E),
29 paragraph (F), paragraph (G), or paragraph (H) of subsection
30 (g)(2) of that section.
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 (17) A business soliciting exclusively the sale of
2 telephone answering services provided that the telephone
3 answering services will be supplied by the solicitor.
4 (18) A person soliciting a transaction regulated by
5 the Commodity Futures Trading Commission if the person is
6 registered or temporarily licensed for this activity with the
7 Commodity Futures Trading Commission under the Commodity
8 Exchange Act, 7 U.S.C. ss. 1 et seq., and the registration or
9 license has not expired or been suspended or revoked.
10 (19) A person soliciting the sale of food or produce
11 as defined in chapter 500 or chapter 504 if the solicitation
12 neither intends to result in, or actually results in, a sale
13 which costs the purchaser in excess of $500.
14 (20) A person who is registered pursuant to part XI of
15 chapter 559 and who is soliciting within the scope of the
16 registration.
17 (21) A person soliciting business from prospective
18 consumers who have an existing business relationship with or
19 who have previously purchased from the business enterprise for
20 which the solicitor is calling, if the solicitor is operating
21 under the same exact business name.
22 (22) A person who has been operating, for at least 1
23 year, a retail business establishment under the same name as
24 that used in connection with telemarketing, and both of the
25 following occur on a continuing basis:
26 (a) Either products are displayed and offered for sale
27 or services are offered for sale and provided at the business
28 establishment.
29 (b) A majority of the seller's business involves the
30 buyer obtaining such products or services at the seller's
31 location.
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 (23) A person who is a registered developer or
2 exchange company pursuant to chapter 721 and who is soliciting
3 within the scope of the chapter.
4 (24) Any person which has been providing telemarketing
5 sales services continuously for at least 5 years under the
6 same ownership and control and which derives 75 percent of its
7 gross telemarketing sales revenues from contracts with persons
8 exempted in this section.
9 (25) A person who is a licensed real estate
10 salesperson or broker pursuant to chapter 475 and who is
11 soliciting within the scope of the chapter.
12 (26) A publisher, or an agent of a publisher by
13 written agreement, who solicits the sale of his or her
14 periodical or magazine of general, paid circulation. The term
15 "paid circulation" shall not include magazines that are only
16 circulated as part of a membership package or that are given
17 as a free gift or prize from the publisher or agent of the
18 publisher by written agreement.
19 (27) A person who is a licensed operator or an
20 identification cardholder as defined in chapter 482, and who
21 is soliciting within the scope of the chapter.
22 (28) A licensee, or an affiliate of a licensee,
23 regulated under chapter 560, the Money Transmitters' Code, for
24 foreign currency exchange services.
25 Section 8. Subsections (6) and (7) are added to
26 section 501.616, Florida Statutes, to read:
27 501.616 Unlawful acts and practices.--
28 (6) It shall be unlawful for any commercial telephone
29 seller or salesperson to make a commercial telephone
30 solicitation phone call before 8:00 a.m. or after 9:00 p.m.
31 local time at the called person's location.
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 (7) It shall be unlawful for any commercial telephone
2 seller or salesperson making telephonic solicitations to take
3 any intentional action that would prevent the solicitor's
4 telephone number from being passed on to the called party.
5 Section 9. Paragraph (c) of subsection (3), paragraph
6 (c) of subsection (5), paragraph (a) of subsection (6), and
7 subsection (4) of section 539.001, Florida Statutes, are
8 amended to read:
9 539.001 The Florida Pawnbroking Act.--
10 (3) LICENSE REQUIRED.--
11 (c) Each license is valid for a period of 1 year
12 unless remains in effect until it is earlier relinquished,
13 suspended, or revoked, or expires. Each license shall be
14 renewed annually, and each licensee shall, initially and
15 annually thereafter, pay to the agency a license fee of not to
16 exceed $300 for each license held. If the annual license fee
17 remains unpaid 30 days after written notice of delinquency has
18 been given to the licensee by the agency, the license shall
19 thereupon expire on the expiration date specified in the
20 registration certificate.
21 (4) ELIGIBILITY FOR LICENSE.--
22 (a) To be eligible for a pawnbroker's license, an
23 applicant must:
24 1. Be of good moral character;
25 2. Have a net worth of at least $50,000 or file with
26 the agency a bond issued by a surety company qualified to do
27 business in this state in the amount of $10,000 for each
28 license. In lieu of the bond required in this section, the
29 applicant may establish a certificate of deposit or an
30 irrevocable letter of credit in a Florida banking institution
31 in the amount of the bond. The original bond, certificate of
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 deposit, or letter of credit shall be filed with the agency,
2 and the agency shall be the beneficiary to said document. The
3 bond, certificate of deposit, or letter of credit shall be in
4 favor of the agency for the use and benefit of any consumer
5 who is injured by the fraud, misrepresentation, breach of
6 contract, financial failure, or violation of any provision of
7 this section by the pawnbroker. Such liability may be enforced
8 either by proceeding in an administrative action or by filing
9 a judicial suit at law in a court of competent jurisdiction.
10 However, in such court suit, the bond, certificate of deposit,
11 or letter of credit posted with the agency shall not be
12 amenable or subject to any judgment or other legal process
13 issuing out of or from such court in connection with such
14 lawsuit, but such bond, certificate of deposit, or letter of
15 credit shall be amenable to and enforceable only by and
16 through administrative proceedings before the agency. It is
17 the intent of the Legislature that such bond, certificate of
18 deposit, or letter of credit shall be applicable and liable
19 only for the payment of claims duly adjudicated by order of
20 the agency. The bond, certificate of deposit, or letter of
21 credit shall be payable on a pro rata basis as determined by
22 the agency, but the aggregate amount may not exceed the amount
23 of the bond, certificate of deposit, or letter of credit;
24 3. Not have been convicted of, or found guilty of, or
25 pled guilty or nolo contendere to, or not have been
26 incarcerated within the last 10 years as a result of having
27 previously been convicted of, or found guilty of, or plead
28 guilty or nolo contendere to, regardless of adjudication, a
29 felony within the last 10 years and not be acting as a
30 beneficial owner for someone who has been convicted of, or
31 found guilty of, or pled guilty or nolo contendere to,
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 regardless of adjudication, a felony within the last 10 years;
2 and
3 4. Not have been convicted of, or found guilty of, or
4 pled guilty or nolo contendere to, or not have been
5 incarcerated within the last 10 years as a result of having
6 previously been convicted of, or found guilty of, or pled
7 guilty or nolo contendere to, regardless of adjudication, a
8 crime that involves theft, larceny, dealing in stolen
9 property, receiving stolen property, burglary, embezzlement,
10 obtaining property by false pretenses, possession of altered
11 property, or any other fraudulent or dishonest dealing the
12 agency finds directly relates to the duties and
13 responsibilities of a pawnbroker within the last 10 years, and
14 not be acting as a beneficial owner for someone who has been
15 convicted, of, or found guilty of, or pled guilty or nolo
16 contendere to, or has been incarcerated within the last 10
17 years as a result of having previously been convicted of, or
18 found guilty of, or pled guilty or nolo contendere to,
19 regardless of adjudication, a crime that involves theft,
20 larceny, dealing in stolen property, receiving stolen
21 property, burglary, embezzlement, obtaining property by false
22 pretenses, possession of altered property, or any other
23 fraudulent or dishonest dealing the agency finds directly
24 relates to the duties and responsibilities of a pawnbroker
25 within the last 10 years.
26 (b) Any applicant claiming to have a net worth of
27 $50,000 or more shall file with the department, at the time of
28 applying for a license, the following documentation:
29 1. A current financial statement prepared by a Florida
30 certified public accountant; or
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 2. An affidavit stating the applicant's net worth is
2 at least $50,000, accompanied by supporting documentation; or
3 3. If the applicant is a corporation, a copy of the
4 applicant's most recently filed federal tax return.
5
6 If the agency cannot verify that the applicant meets the net
7 worth requirement for a license, the agency may require a
8 finding, including the presentation of a current balance
9 sheet, by an accounting firm or individual holding a permit to
10 practice public accounting in this state, that the accountant
11 has reviewed the books and records of the applicant and that
12 the applicant meets the net worth requirement.
13 (c) If an applicant for a pawnbroker's license is not
14 an individual, the eligibility requirements of this
15 subsection, other than the requirements of subparagraph (a)2.,
16 apply to each operator of the pawnshop and to each direct or
17 beneficial owner of at least 10 percent of the outstanding
18 equity interest of the pawnshop and, if the applicant is a
19 corporation, to each officer and director of the corporation.
20 (5) APPLICATION FOR LICENSE.--
21 (c) Each initial application for a license must be
22 accompanied by a complete set of fingerprints taken by an
23 authorized law enforcement officer, an application fee set by
24 the agency not to exceed $300 for, which shall include the
25 first year's license fee, and for the first year's operation,
26 plus the actual cost to the department for fingerprint
27 analysis for each person subject to the eligibility
28 requirements. The agency shall submit the fingerprints to the
29 Department of Law Enforcement for state processing and the
30 Department of Law Enforcement shall forward the fingerprints
31 to the Federal Bureau of Investigation for a national criminal
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 history check owner application, to cover the costs of
2 investigating the applicant. These fees and costs are not
3 refundable.
4 (6) SUSPENSION, REVOCATION, AND SURRENDER OF LICENSE;
5 NET WORTH REQUIREMENT.--
6 (a) The agency may, after notice and a hearing,
7 suspend or revoke any license upon a finding that:
8 1. The licensee, either knowingly or without the
9 exercise of due care, has violated this section or has aided
10 or conspired with another person to violate this section;
11 2. A condition exists that, had it existed when the
12 original license was issued, would have justified the agency's
13 refusal to issue a license; or
14 3. The licensee or its applicable agents or employees
15 who are subject to the eligibility requirements no longer meet
16 the eligibility requirements to hold a pawnbroker's license;
17 or
18 4.3. The licensee has through gross negligence or
19 willful noncompliance failed to comply with a written hold
20 order.
21 (17) CRIMINAL PENALTIES.--
22 (a) Any person who engages in business as a pawnbroker
23 without first securing a license commits a felony of the third
24 degree, punishable as provided in s. 775.082, s. 775.083, or
25 s. 775.084.
26 (b) In addition to any other penalty, any person, who
27 willfully violates this section or who willfully makes a false
28 entry in any record specifically required by this section
29 commits a misdemeanor of the first degree, punishable as
30 provided in s. 775.082 or s. 775.083. Clerical or
31 recordkeeping errors such as typographical errors, scrivener's
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 errors and computer errors regarding any application,
2 document, or record required by this section do not constitute
3 a willful violation of this section and are not subject to
4 criminal penalties. Clerical errors are subject to
5 administrative penalties pursuant to subsection (7). Repeated
6 patterns of clerical errors may be subject to administrative
7 remedies as set forth in subsection (6) as determined by the
8 agency.
9 Section 10. Paragraph (a) of subsection (11) of
10 section 559.803, Florida Statutes, is amended to read:
11 559.803 Disclosure statement.--At least 3 working days
12 prior to the time the purchaser signs a business opportunity
13 contract, or at least 3 working days prior to the receipt of
14 any consideration by the seller, whichever occurs first, the
15 seller must provide the prospective purchaser a written
16 document, the cover sheet of which is entitled in at least
17 12-point boldfaced capital letters "DISCLOSURES REQUIRED BY
18 FLORIDA LAW." Under this title shall appear the following
19 statement in at least 10-point type: "The State of Florida
20 has not reviewed and does not approve, recommend, endorse, or
21 sponsor any business opportunity. The information contained
22 in this disclosure has not been verified by the state. If you
23 have any questions about this investment, see an attorney
24 before you sign a contract or agreement." Nothing except the
25 title and required statement shall appear on the cover sheet.
26 Immediately following the cover sheet, the seller must provide
27 an index page that briefly lists the contents of the
28 disclosure document as required in this section and any pages
29 on which the prospective purchaser can find each required
30 disclosure. At the top of the index page, the following
31 statement must appear in at least 10-point type: "The State of
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 Florida requires sellers of business opportunities to disclose
2 certain information to prospective purchasers. This index is
3 provided to help you locate this information." If the index
4 contains other information not required by this section, the
5 seller shall place a designation beside each of the
6 disclosures required by this section and provide an
7 explanation of the designation at the end of the statement at
8 the top of the index page. The disclosure document shall
9 contain the following information:
10 (11) A statement disclosing who, if any, of the
11 persons listed in subsections (1) and (2):
12 (a) Has, at any time during the previous 10 7 fiscal
13 years, regardless of adjudication, been convicted of, or found
14 guilty of, or pled guilty or nolo contendere to, or has been
15 incarcerated within the last 10 years as a result of having
16 previously been convicted of, or found guilty of, or pled
17 guilty or nolo contendere to, a felony or a crime involving a
18 felony or pleaded nolo contendere to a felony charge if the
19 felony involved fraud, theft, larceny, (including violation of
20 any franchise or business opportunity law or unfair or
21 deceptive practices law), embezzlement, fraudulent conversion,
22 misappropriation of property, or restraint of trade.
23 Section 11. Subsections (2), (3), and (4) of section
24 559.805, Florida Statutes, 1998 Supplement, are renumbered as
25 subsections (3), (4), and (5), respectively, and a new
26 subsection (2) is added to said section to read:
27 559.805 Filings with the department; disclosure of
28 advertisement identification number.--
29 (2) Every seller of a business opportunity shall file
30 with the department a list of the seller's officers,
31 directors, trustees, general partners, general managers,
28
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 principal executives, and any other persons charged with the
2 responsibility for the seller's business activities relating
3 to the sale of business opportunities. This list must be kept
4 current and shall include the following information: name,
5 home and business address, telephone number, driver's license
6 number, the state in which the driver's license is issued, and
7 birth date.
8 Section 12. Section 559.815, Florida Statutes, is
9 reenacted to read:
10 559.815 Penalties.--Any person who fails to file with
11 the department as required by s. 559.805 or who commits an act
12 described in s. 559.809 is guilty of a felony of the third
13 degree, punishable as provided in s. 775.082, s. 775.083, or
14 s. 775.084.
15 Section 13. Subsection (6) of section 559.903, Florida
16 Statutes, is amended to read:
17 559.903 Definitions.--As used in this act:
18 (6) "Motor vehicle" means any automobile, truck, bus,
19 recreational vehicle, motorcycle, motor scooter, or other
20 motor powered vehicle, but does not include trailers, mobile
21 homes, travel trailers, or trailer coaches without independent
22 motive power, or watercraft or aircraft, or special mobile
23 equipment as defined in s. 316.003(48).
24 Section 14. Subsection (11) is added to section
25 559.904, Florida Statutes, 1998 Supplement, to read:
26 559.904 Motor vehicle repair shop registration;
27 application; exemption.--
28 (11) The department shall post a prominent "Closed by
29 Order of the Department" sign on any motor vehicle repair shop
30 that has had its registration suspended or revoked. The
31 department shall also post a sign on any motor vehicle repair
29
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 shop that has been judicially or administratively determined
2 to be operating without a registration. It is a misdemeanor of
3 the second degree, punishable as provided in s. 775.082 or s.
4 775.083, for any person to deface such sign or remove such
5 sign without written authorization by the department or for
6 any motor vehicle repair shop to open for operation without a
7 registration or to open for operation as a motor vehicle
8 repair shop while its registration is suspended or revoked.
9 The department may impose administrative sanctions provided
10 for in s. 559.921(4) for violations of this subsection.
11 Section 15. Paragraph (a) of subsection (3) of section
12 741.0305, Florida Statutes, is amended to read:
13 741.0305 Marriage fee reduction for completion of
14 premarital preparation course.--
15 (3)(a) All individuals electing to participate in a
16 premarital preparation course shall choose from the following
17 list of qualified instructors:
18 1. A psychologist licensed under chapter 490.
19 2. A clinical social worker licensed under chapter
20 491.
21 3. A marriage and family therapist licensed under
22 chapter 491.
23 4. A mental health counselor licensed under chapter
24 491.
25 5. An official representative of a religious
26 institution which is recognized under s. 496.404(19)(20), if
27 the representative has relevant training.
28 6. Any other provider designated by a judicial
29 circuit, including, but not limited to, school counselors who
30 are certified to offer such courses. Each judicial circuit may
31
30
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 establish a roster of area course providers, including those
2 who offer the course on a sliding fee scale or for free.
3 (b) The costs of such premarital preparation course
4 shall be paid by the applicant.
5 Section 16. This act shall take effect upon becoming a
6 law.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
31
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 *****************************************
2 HOUSE SUMMARY
3
Revises various provisions relating to consumer
4 protection under the regulation of the Department of
Agriculture and Consumer Services. Revises definitions
5 with respect to ch. 496, F.S., relating to solicitation
of funds. Provides additional information to be included
6 within initial registration statements for charitable
organizations and sponsors. Prohibits an employee of a
7 charitable organization or sponsor from soliciting
contributions on behalf of the charitable organization or
8 sponsor under specified conditions. Revises and provides
additional information to be included within application
9 for registration or renewal of registration as a
professional fundraising consultant. Prohibits a person
10 from acting as a professional fundraising consultant
under specified circumstances. Revises and provides
11 additional information to be included within application
for registration or renewal of registration as a
12 professional solicitor. Revises provisions which prohibit
a person from acting as a professional solicitor. Revises
13 provisions relating to civil remedies and enforcement.
14
Provides that specified mortgages do not constitute an
15 evidence of indebtedness for purposes of a buyer's right
to cancel a home solicitation sale.
16
17 Provides additional exclusions from the exemptions to pt.
IV of ch. 501, F.S., the Florida Telemarketing Act.
18 Provides additional unlawful practices with respect to
telephone solicitation.
19
20 Revises license requirements under the Florida
Pawnbroking Act. Revises conditions of eligibility for
21 license. Requires specified persons to file certain
documentation upon application for license. Requires the
22 submission of fingerprints with each initial application
for licensure. Requires the Division of Consumer Services
23 to submit fingerprints of each applicant for licensure to
the Florida Department of Law Enforcement and requires
24 the Florida Department of Law Enforcement to forward the
fingerprints to the Federal Bureau of Investigation.
25 Provides an additional condition under which a pawnbroker
license may be suspended or revoked.
26
27 Revises provisions relating to required information
contained in disclosure statements with respect to the
28 sale or lease of business opportunities. Requires a
seller of business opportunities to file additional
29 information with the department and provides a third
degree felony penalty for failure to file such
30 information.
31
Revises the definition of "motor vehicle" for the
32
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 1061
190-945B-99
1 purposes of pt. IX of ch. 559, F.S., relating to repair
of motor vehicles. Requires the department to post a
2 specified sign at any motor vehicle repair shop that has
had its registration suspended or revoked or that has
3 been determined to be operating without a registration.
Provides a second degree misdemeanor penalty for defacing
4 or removing such a sign, for operating without a
registration, or operating with a revoked or suspended
5 registration. Authorizes the department to impose
administrative sanctions.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
33