House Bill hb1725
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Florida House of Representatives - 2001 HB 1725
By the Fiscal Responsibility Council and Representative
Dockery
1 A bill to be entitled
2 An act relating to health studios; amending s.
3 205.1969, F.S.; removing a requirement for the
4 issuance of an occupational license to a health
5 studio; repealing ss. 501.012, 501.014,
6 501.015, and 501.016, F.S., relating to the
7 regulation of health studios by the Department
8 of Agriculture and Consumer Services; amending
9 s. 501.0125, F.S., to correct a cross reference
10 and delete unnecessary definitions; amending s.
11 501.013, F.S.; removing requirement of certain
12 filings with the Department of Agriculture and
13 Consumer Services by certain entities exempt
14 from health studio requirements; correcting a
15 cross reference; amending s. 501.017, F.S.;
16 requiring each health studio to provide certain
17 notice in its contracts; amending s. 501.019,
18 F.S.; correcting a cross reference; deleting
19 criminal and administrative penalties for
20 violating provisions repealed by this act;
21 removing enforcement authority of the
22 Department of Agriculture and Consumer Services
23 relating to health studios; providing an
24 effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 205.1969, Florida Statutes, is
29 amended to read:
30 205.1969 Health studios; consumer protection.--No
31 county or municipality shall issue or renew an occupational
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1 license for the operation of a health studio pursuant to ss.
2 501.012-501.019 or ballroom dance studio pursuant to s.
3 501.143, unless such business exhibits a current license,
4 registration, or letter of exemption from the Department of
5 Agriculture and Consumer Services.
6 Section 2. Sections 501.012, 501.014, 501.015, and
7 501.016, Florida Statutes, are repealed.
8 Section 3. Section 501.0125, Florida Statutes, is
9 amended to read:
10 501.0125 Health studios; definitions.--For purposes of
11 ss. 501.0125-501.019 501.012-501.019, the following terms
12 shall have the following meanings:
13 (1) "Health studio" means any person who is engaged in
14 the sale of services for instruction, training, or assistance
15 in a program of physical exercise or in the sale of services
16 for the right or privilege to use equipment or facilities in
17 furtherance of a program of physical exercise.
18 (2) "Health studio services" means privileges or
19 rights offered for sale or provided by a health studio.
20 (3) "Business location" means any place where health
21 studio services are performed by a health studio.
22 (4) "Department" means the Department of Agriculture
23 and Consumer Services.
24 (5) "Reasonable and fair service fee" means no more
25 than 10 percent of the total contract price for contracts.
26 Service fee includes, but is not limited to, registration fee,
27 membership fee, and processing or startup fee.
28 Section 4. Section 501.013, Florida Statutes, is
29 amended to read:
30 501.013 Health studios; exemptions.--The following
31 businesses or activities are may be declared exempt from the
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1 provisions of ss. 501.0125-501.019 501.012-501.019 upon the
2 filing of an affidavit with the department establishing that
3 the stated qualifications are met:
4 (1) A bona fide nonprofit organization which has been
5 granted tax-exempt status by the Internal Revenue Service.
6 (2) A gymnastics school which engages only in
7 instruction and training and in which exercise is only
8 incidental to such instruction and training.
9 (3) A golf, tennis, or racquetball club in which
10 sports play is the only activity offered by the club. If the
11 facility offers the use of physical exercise equipment, this
12 exemption shall not apply.
13 (4) A program or facility which is offered and used
14 solely for the purpose of dance, aerobic exercise, or martial
15 arts, and which utilizes no physical exercise equipment.
16 (5) A country club that has as its primary function
17 the provision of a social life and recreational amenities to
18 its members, and for which a program of physical exercise is
19 merely incidental to membership. As used in this subsection,
20 the term "country club" means a facility that offers its
21 members a variety of services that may include, but need not
22 be limited to, social activities; dining, banquet, catering,
23 and lounge facilities; swimming; yachting; golf; tennis; card
24 games such as bridge and canasta; and special programs for
25 members' children. Upon the filing of an affidavit with the
26 department establishing that the stated qualifications of this
27 subsection were met before July 1, 1997, this subsection will
28 apply retroactively to the date that the country club met
29 these qualifications.
30 Section 5. Subsection (2) of section 501.017, Florida
31 Statutes, is amended to read:
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1 501.017 Health studios; contracts.--
2 (2) Every health studio exempt from the requirements
3 of s. 501.016(1) and (2) shall include in all of its contracts
4 for health studio services, in the same manner as provided in
5 subsection (1) of this section, the following disclosure:
6
7 SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE
8 THAN 1 MONTH OF THIS AGREEMENT IN ADVANCE, BE
9 AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES
10 AND MAY BE RISKING LOSS OF YOUR MONEY IN THE
11 EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS
12 LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO
13 IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY
14 SECURITY, AND THERE MAY NOT BE OTHER
15 PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE
16 TO PAY IN ADVANCE.
17
18 Section 6. Section 501.019, Florida Statutes, is
19 amended to read:
20 501.019 Health studios; penalties.--
21 (1) Any health studio or any owner or manager thereof,
22 or, in the case of corporate ownership, any substantial
23 stockholder of the corporation owning the health studio, who
24 is convicted of a violation of the provisions of ss.
25 501.0125-501.019 501.012-501.019 is guilty of a misdemeanor of
26 the first degree, punishable as provided in s. 775.082 or s.
27 775.083.
28 (2) Any health studio owner or, in the case of
29 corporate ownership, any officer of the corporation, or any
30 manager of a health studio or health studio's business
31 location, who knowingly makes a false representation to the
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1 department with the intent to obtain an exemption of any kind
2 from the requirements of s. 501.016 commits a felony of the
3 third degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084.
5 (3) The department may institute proceedings in the
6 appropriate circuit court to recover any penalties or damages
7 allowed in this section and for injunctive relief to enforce
8 compliance with ss. 501.012-501.019 or any rule or order of
9 the department. The department may seek a civil penalty of up
10 to $5,000 for each violation of this section.
11 (4)(a) The department may enter an order imposing one
12 or more of the penalties set forth in paragraph (b) if the
13 department finds that a health studio:
14 1. Violated or is operating in violation of any of the
15 provisions of this part or of the rules adopted or orders
16 issued thereunder;
17 2. Made a material false statement in any application,
18 document, or record required to be submitted or retained under
19 this part;
20 3. Refused or failed, or any of its principal officers
21 has refused or failed, after notice, to produce any document
22 or record or disclose any information required to be produced
23 or disclosed under this part or the rules of the department;
24 4. Made a material false statement in response to any
25 request or investigation by the department, the Department of
26 Legal Affairs, or the state attorney; or
27 5. Has intentionally defrauded the public through
28 dishonest or deceptive means.
29 (b) Upon a finding as set forth in paragraph (a), the
30 department may enter an order doing one or more of the
31 following:
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1 1. Issuing a notice of noncompliance pursuant to s.
2 120.695.
3 2. For a violation of s. 501.015 or s. 501.016,
4 imposing an administrative fine not to exceed $5,000 per
5 violation.
6 3. For a violation of s. 501.013, s. 501.017, or s.
7 501.018, imposing an administrative fine not to exceed $500
8 per violation.
9 4. Directing that the health studio cease and desist
10 specified activities.
11 5. Refusing to register or revoking or suspending a
12 registration.
13 6. Placing the registrant on probation for a period of
14 5 years, subject to such conditions as the department may
15 specify by rule.
16 (c) The administrative proceedings which could result
17 in the entry of an order imposing any of the penalties
18 specified in paragraph (b) shall be conducted in accordance
19 with chapter 120.
20 (5) All moneys collected pursuant to this section
21 shall be deposited into the General Inspection Trust Fund.
22 Section 7. This act shall take effect July 1, 2001.
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25 HOUSE SUMMARY
26
Removes the registration requirement for health studios
27 and the regulation of such health studios by the
Department of Agriculture and Consumer Services.
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