HB 1471 2003
1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 527.01, F.S.; revising the
4	definition of "qualifier" for purposes of ch. 527, F.S.,
5	relating to sale of liquefied petroleum gas; revising the
6	definition of "category II liquefied petroleum gas
7	dispenser"; defining “category V liquefied petroleum gases
8	dealer for industrial uses only”; amending s. 527.02,
9	F.S.; providing for licensure of category V liquefied
10	petroleum gases dealers for industrial uses only;
11	providing license fees for such dealers; providing
12	application fees and renewal fees for retesting and
13	requalification of cargo tanks; creating s. 527.0201,
14	F.S.; reorganizing existing subsections of Florida
15	Statutes; providing for examination of such dealers;
16	revising persons who may make application for examination
17	for competency; providing that no person may act as a
18	qualifier for more than one licensed location; providing
19	an additional prerequisite for certification as a master
20	qualifier; clarifying provisions with respect to procedure
21	in the event of specified vacancies in qualifier and
22	master qualifier positions; clarifying provisions with
23	respect to suspension of a license in the event that a
24	business organization no longer possesses a duly
25	designated qualifier; providing procedure with respect to
26	category I liquefied petroleum gas dealers or LP gas
27	installers who no longer possess a master qualifier but
28	employ a category I liquefied petroleum gas dealer or LP
29	gas installer qualifier; providing that the department may
30	deny, refuse to renew, suspend, or revoke a qualifier card
31	or master qualifier certificate for specified causes;
32	amending s. 527.06, F.S.; conforming a cross reference;
33	amending s. 527.065, F.S.; revising conditions under which
34	liquefied petroleum gas licensees must notify the
35	department of liquefied petroleum gas-related accidents
36	involving a customer account; amending s. 527.11, F.S.;
37	revising a prerequisite to obtaining a liquefied petroleum
38	gas license; amending s. 527.13, F.S.; authorizing the
39	department to impose administrative penalties and suspend
40	or revoke a qualification for violation of the provisions
41	of ch. 527, F.S., rules adopted pursuant thereto, or a
42	cease and desist order; increasing the period of time in
43	which licensees may pay penalties to the department;
44	authorizing the department to issue a warning letter to
45	licenseholders, master qualifiers, qualifiers, or others
46	in lieu of an administrative or civil penalty for first
47	violations; amending s. 527.22, F.S.; revising terms of
48	membership of the Propane Gas Education, Safety, and
49	Research Council; amending s. 559.904, F.S.; revising
50	provisions relating to applications, renewal applications,
51	registration, and registration fees with respect to motor
52	vehicle repair shops; amending s. 559.929, F.S.;
53	eliminating a condition under which the department may
54	waive security requirements with respect to registration
55	as a seller of travel; amending s. 501.143, F.S.;
56	providing limitations on contracts for ballroom dance
57	studio services and the renewal of such contracts;
58	providing penalties, remedies, and enforcement; providing
59	an effective date.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1. Paragraph (h) is added to subsection (5) of
64	section 527.01, Florida Statutes, subsection (7) is amended, and
65	a new subsection (19) is added to said section, to read:
66	527.01 Definitions.--As used in this chapter:
67	(5) "Qualifier" means any person who has passed a
68	competency examination administered by the department and is
69	employed by a licensed business in one or more of the following
70	classifications:
71	(h) Category V liquefied petroleum gases dealer for
72	industrial uses only.
73	(7) "Category II liquefied petroleum gas dispenser" means
74	any person engaging in the business of operating a liquefied
75	petroleum gas dispensing unit for the purpose of serving liquid
76	products to the ultimate consumer for industrial, commercial, or
77	domestic use, and selling or offering to sell, or leasing or
78	offering to lease, apparatus, appliances, and equipment for the
79	use of liquefied petroleum gas, including maintaining a cylinder
80	storage rack at the licensed business location for the purpose
81	of storing cylinders filled by the licensed business for sale or
82	use at a later dateengaging in the business of operating a
83	cylinder exchange unit.
84	(19) “Category V liquefied petroleum gases dealer for
85	industrial uses only” means any person engaged in the business
86	of filling, selling, and transporting liquefied petroleum gas
87	containers for use in welding, forklifts, or other industrial
88	applications.
89	Section 2. Section 527.02, Florida Statutes, is amended,
90	and section 527.0201, Florida Statutes, is created, to read:
91	527.02 License; penalty; fees.--
92	(1)(a)It is unlawful for any person to engage in this
93	state in the activities of a pipeline system operator, category
94	I liquefied petroleum gas dealer, category II liquefied
95	petroleum gas dispenser, category III liquefied petroleum gas
96	cylinder exchange operator, category IV liquefied petroleum gas
97	dispenser and recreational vehicle servicer, category V
98	liquefied petroleum gases dealer for industrial uses only,LP
99	gas installer, specialty installer, dealer in liquefied
100	petroleum gas appliances and equipment, manufacturer of
101	liquefied petroleum gas appliances and equipment, requalifier of
102	cylinders, or fabricator, repairer, and tester of vehicles and
103	cargo tanks without first obtaining from the department a
104	license to engage in one or more of these businesses. The sale
105	of liquefied petroleum gas cylinders with a volume of 10 pounds
106	water capacity or 4.2 pounds liquefied petroleum gas capacity or
107	less is exempt from the requirements of this chapter.
108	(2)It is a felony of the third degree, punishable as
109	provided in s. 775.082, s. 775.083, or s. 775.084, to
110	intentionally or willfully engage in any of said activities
111	without first obtaining appropriate licensure from the
112	department. Each business location of a person having multiple
113	locations shall be separately licensed and must meet the
114	requirements of this section. Such license shall be granted to
115	any applicant determined by the department to be competent,
116	qualified, and trustworthy who files with the department a
117	surety bond, insurance affidavit, or other proof of insurance,
118	as hereinafter specified, and pays for such license the
119	following original application fee for new licenses and annual
120	renewal fees for existing licenses:
121	License Category OriginalApplication Fee Renewal Fee
122	Category I liquefiedpetroleum gas dealer $525 $425
123	Category II liquefiedpetroleum gas dispenser 525 375
124	Category III liquefiedpetroleum gas cylinderexchange unit operator 100 65
125	Category IV liquefied gas dispenser and recreational vehicle servicer 525 400
126	Category V liquefied petroleum gases dealer for industrial uses only 300 200
127	LP gas installer 300 200
128	Specialty installer 300 200
129	Dealer in appliances and equipment for use of liquefied petroleum gas 50 45
130	Manufacturer of liquefied petroleum gas appliances and equipment 525 375
131	Requalifier of cylinders 525 375
132	Fabricator, repairer, and tester of vehicles and cargo tanks 525 375
133	Retesting and requalification of cargo tanks 525 375
134	(3)Any applicant for original license whose application
135	is submitted during the last 6 months of the license year may
136	have the original license fee reduced by one-half for the 6-
137	month period. This provision shall apply only to those companies
138	applying for an original license and shall not be applied to
139	licensees who held a license during the previous license year
140	and failed to renew the license. The department may refuse to
141	issue an initial license to any applicant who is under
142	investigation in any jurisdiction for an action that would
143	constitute a violation of this chapter until such time as the
144	investigation is complete.
145	(4)(b)Any person applying for a liquefied petroleum gas
146	license as a specialty installer, as defined by s. 527.01(11),
147	shall upon application to the department identify the specific
148	area of work to be performed. Upon completion of all license
149	requirements set forth in this chapter, the department shall
150	issue the applicant a license specifying the scope of work, as
151	identified by the applicant and defined by rule of the
152	department, for which the person is authorized.
153	(5)(c)The license fee for a pipeline system operator
154	shall be $100 per system owned or operated by the person, not to
155	exceed $400 per license year. Such license fee applies only to a
156	pipeline system operator who owns or operates a liquefied
157	petroleum gas pipeline system that is used to transmit liquefied
158	petroleum gas from a common source to the ultimate customer and
159	that serves 10 or more customers.
160	(6)(d)The department shall promulgate rules specifying
161	acts deemed by the department to demonstrate a lack of
162	trustworthiness to engage in activities requiring a license or
163	qualifier identification card under this section.
164	(7)(e)Any license issued by the department may be
165	transferred to any person, firm, or corporation for the
166	remainder of the current license year upon written request to
167	the department by the original licenseholder. Prior to approval
168	of any transfer, all licensing requirements of this chapter must
169	be met by the transferee. A license transfer fee of $50 shall be
170	charged for each such transfer.
171	527.0201 Qualifiers; master qualifers; examinations.--
172	(1)(2) In addition to the requirements of s. 527.02
173	subsection (1), any person applying for a license to engage in
174	the activities of a pipeline system operator, category I
175	liquefied petroleum gas dealer, category II liquefied petroleum
176	gas dispenser, category IV liquefied petroleum gas dispenser and
177	recreational vehicle servicer, category V liquefied petroleum
178	gases dealer for industrial uses only,LP gas installer,
179	specialty installer, requalification of cylinders, or
180	fabricator, repairer, and tester of vehicles and cargo tanks,
181	must prove competency by passing a written examination
182	administered by the department or its agent with a grade of 75
183	percent or above. Each applicant for examination shall submit a
184	$20 nonrefundable fee. The department shall by rule specify the
185	general areas of competency to be covered by each examination
186	and the relative weight to be assigned in grading each area
187	tested.
188	(2)(a)Application for examination for competency may be
189	made by an individual or by an owner, a partner, or any person
190	employed byin a supervisory capacity ofthe license applicant.
191	Upon successful completion of the competency examination, the
192	department shall issue a qualifier identification card to the
193	examinee.
194	(a)Qualifier identification cards, except those issued to
195	category I liquefied petroleum gas dealers and liquefied
196	petroleum gas installers, shall remain in effect as long as the
197	individual shows to the department proof of active employment in
198	the area of examination and all continuing education
199	requirements are met. Should the individual terminate active
200	employment in the area of examination for a period exceeding 24
201	months, or fail to provide documentation of continuing
202	education, the individual's qualifier status shall automatically
203	expire. If the qualifier status has expired, the individual must
204	applymay reapply for and successfully complete anexamination
205	by the department in order to reestablish qualifier status.
206	(b) Every business organization shall employpossess such
207	a full-time qualifier at all times who has successfully
208	completed an examination in the corresponding category of the
209	license held by the business organization. No person may act as
210	a qualifier for more than one licensed location.
211	(3)(b)Qualifier cards issued to category I liquefied
212	petroleum gas dealers and liquefied petroleum gas installers
213	shall expire 3 years after the date of issuance. All category I
214	liquefied petroleum gas dealer qualifiers and liquefied
215	petroleum gas installer qualifiers holding a valid qualifier
216	card upon the effective date of this act shall retain their
217	qualifier status until July 1, 2003, and may sit for the master
218	qualifier examination at any time during that time period. All
219	suchAlternatively, allcategory I liquefied petroleum gas
220	dealer qualifiers and liquefied petroleum gas installer
221	qualifiers may renew their qualification on or before July 1,
222	2003, upon application to the department, payment of a $20
223	renewal fee, and documentation of the completion of a minimum of
224	12 hours approved continuing education courses, as defined by
225	department rule, during the previous 3-year period. Applications
226	for renewal must be made 30 calendar days prior to expiration.
227	Persons failing to renew prior to the expiration date must
228	reapply and take a qualifier competency examination in order to
229	reestablish category I liquefied petroleum gas dealer qualifier
230	and liquefied petroleum gas installer qualifier status. In the
231	event a category I liquefied petroleum gas qualifier or
232	liquefied petroleum gas installer qualifier becomes a master
233	qualifier at any time during the effective date of the qualifier
234	card, the card shall remain in effect until expiration of the
235	master qualifier certification.
236	(4)(3)A qualifier for a business organization involved in
237	installation, repair, maintenance, or service of liquefied
238	petroleum gas appliances, equipment, or systems must actually
239	function in a supervisory capacity of other company employees
240	installing, repairing, maintaining, or servicing liquefied
241	petroleum gas appliances, equipment, or systems. A separate
242	qualifier shall be required for every 10 such employees.
243	Additional qualifiers are required for those business
244	organizations employing more than 10 employees that install,
245	repair, maintain, or service liquefied petroleum gas equipment
246	and systems.
247	(5)(4)In addition to all other licensing requirements,
248	each category I liquefied petroleum gas dealer and liquefied
249	petroleum gas installer must, at the time of application for
250	licensure, identify to the department one master qualifier who
251	is a full-time employee at the licensed location. This person
252	shall be a manager, owner, or otherwise primarily responsible
253	for overseeing the operations of the licensed location and must
254	provide documentation to the department as provided by rule. The
255	master qualifier requirement shall be in addition to the
256	requirements of subsection (1)(2).
257	(a) In order to apply for certification as a master
258	qualifier, each applicant must be a category I liquefied
259	petroleum gas dealer qualifier or liquefied petroleum gas
260	installer qualifier, must be employed by a licensed category I
261	liquefied petroleum gas dealer, liquefied petroleum gas
262	installer, or applicant for such license, must provide
263	documentation of a minimum of one year's work experience in the
264	gas industry,and must pass a master qualifier competency
265	examination. Master qualifier examinations shall be based on
266	Florida's laws, rules, and adopted codes governing liquefied
267	petroleum gas safety, general industry safety standards, and
268	administrative procedures. The examination must be successfully
269	completed by the applicant with a grade of 75 percent or more.
270	Each applicant for master qualifier status shall submit to the
271	department a nonrefundable $30 examination fee prior to the
272	examination.
273	(b) Upon successful completion of the master qualifier
274	examination, the department shall issue the examinee a
275	certificate of master qualifier status which shall include the
276	name of the licensed company for which the master qualifier is
277	employed. A master qualifier may transfer from one licenseholder
278	to another upon becoming employed by the company and providing a
279	written request to the department.
280	(c) Master qualifier status shall expire 3 years after the
281	date of issuance of the certificate and may be renewed by
282	submission to the department of documentation of completion of
283	at least 12 hours of approved continuing education courses
284	during the 3-year period; proof of employment with a licensed
285	category I liquefied petroleum gas dealer, liquefied petroleum
286	gas installer, or applicant; and a $30 certificate renewal fee.
287	The department shall define, by rule, approved courses of
288	continuing education.
289	(d) Each category I liquefied petroleum gas dealer or
290	liquefied petroleum gas installer licensed as of August 31,
291	2000, shall identify to the department one current category I
292	liquefied petroleum gas dealer qualifier or liquefied petroleum
293	gas installer qualifier who will be the designated master
294	qualifier for the licenseholder. Such individual must provide
295	proof of employment for 3 years or more within the liquefied
296	petroleum gas industry, and shall, upon approval of the
297	department, be granted a master qualifier certificate. All other
298	requirements with regard to master qualifier certificate
299	expiration, renewal, and continuing education shall apply.
300	(6)(5)A vacancy in a qualifier or master qualifier
301	position in a business organization which results from the
302	departure of the qualifier or master qualifiershall be
303	immediately reported to the department by the departing
304	qualifier or master qualifier and the licensed company.
305	(a)In the event a business organization no longer
306	possesses a duly designated qualifier, as required by this
307	section, its liquefied petroleum gas licenses shall be suspended
308	by order of the department after 20 working days. The license
309	and shall remain suspended until a competent qualifier has been
310	employed, the order of suspension terminated by the department,
311	and the license reinstatedretained. A vacancy in the qualifier
312	position for a period of more than 20 working days shall be
313	deemed to constitute an immediate threat to the public health,
314	safety, and welfare. Failure to obtain a replacement qualifier
315	within 60 days of the vacancy shall be grounds for revocation of
316	licensure or eligibility for licensure.
317	(b) Any category I liquefied petroleum gas dealer or LP
318	gas installer who no longer possesses a master qualifier but
319	currently employs a category I liquefied petroleum gas dealer or
320	LP gas installer qualifier as required by this section, shall
321	have 60 days within which to replace the master qualifier. If
322	the company fails to replace the master qualifier within the 60-
323	day time period, the license of the company shall be suspended
324	by order of the department. The license shall remain suspended
325	until a competent master qualifier has been employed, the order
326	of suspension has been terminated by the department, and the
327	license reinstated. Failure to obtain a replacement master
328	qualifier within 90 days of the vacancy shall be grounds for
329	revocation of licensure or eligibility for licensure.
330	(7) The Department may deny, refuse to renew, suspend, or
331	revoke any qualifier card or master qualifier certificate for
332	any of the following causes:
333	(a) Violation of any provision of this chapter or any rule
334	or order of the department;
335	(b) Falsification of records relating to the qualifier
336	card or master qualifier certificate; or
337	(c) Failure to meet any of the renewal requirements.
338	(8)(6)Any individual having competency qualifications on
339	file with the department may request the transfer of such
340	qualifications to any existing licenseholder by making a written
341	request to the department for such transfer. Any individual
342	having a competency examination on file with the department may
343	use such examination for a new license application after making
344	application in writing to the department. All examinations are
345	confidential and exempt from the provisions of s. 119.07(1).
346	(9)(7)If a duplicate license, qualifier card, or master
347	qualifier certificate is requested by the licensee, a fee of $10
348	must be received before issuance of the duplicate license or
349	card. If a facsimile transmission of an original license is
350	requested, upon completion of the transmission a fee of $10 must
351	be received by the department before the original license may be
352	mailed to the requester.
353	(10)(8)All revenues collected herein shall be deposited
354	in the General Inspection Trust Fund for the purpose of
355	administering the provisions of this chapter.
356	Section 3. Subsection (4) of section 527.06, Florida
357	Statutes, is amended to read:
358	527.06 Rules.--
359	(4) Rules in substantial conformity with the published
360	standards in Title 49 of the Code of Federal Regulations
361	relative to liquefied petroleum gas pipelines shall be deemed to
362	be in substantial conformity with the generally accepted
363	standards of safety concerning the same subject matter.
364	Violation of any provision of the rules adopted pursuant to this
365	subsection may be enjoined under the provisions of s. 527.09.
366	Any person who violates any provision of the rules adopted
367	pursuant to this subsection shall be subject to a civil penalty
368	not to exceed $25,000 for each such violation for each day that
369	such violation persists, except that the maximum civil penalty
370	shall not exceed $500,000, in aggregate, for any related series
371	of violations. Any such civil penalty may be compromised by the
372	department. In determining the amount of such penalty or the
373	amount agreed upon in compromise, the appropriateness of such
374	penalty to the size of the business of the person charged, the
375	gravity of the violation, and the good faith of the person
376	charged in attempting to achieve compliance after notification
377	of a violation shall be considered. Each penalty shall be a lien
378	upon the real and personal property of such person and
379	enforceable by the department as statutory liens under chapter
380	85, the proceeds of which shall be deposited in the General
381	Inspection Trust Fund, as provided in s. 527.0201527.02.
382	Section 4. Subsection (1) of section 527.065, Florida
383	Statutes, is amended to read:
384	527.065 Notification of accidents; leak calls.--
385	(1) Immediately upon discovery, all liquefied petroleum
386	gas licensees shall notify the department of any liquefied
387	petroleum gas-relatedgas relatedaccident involving a liquefied
388	petroleum gas licenseecompany or customer account which:
389	(a) Whichcaused a death or personal injury requiring
390	professional medical treatment;
391	(b) WhereResulted in theuncontrolled ignition of
392	liquefied petroleum gas resulted in death, personal injury, or
393	property damage exceeding $1,000; or
394	(c) Whichcaused estimated damage to property exceeding
395	$1,000.
396	Section 5. Subsection (1) of section 527.11, Florida
397	Statutes, is amended to read:
398	527.11 Minimum storage.--
399	(1) Every person who engages in the distribution of
400	liquefied petroleum gas for resale to domestic, commercial, or
401	industrial consumers as a prerequisite to obtaining a liquefied
402	petroleum gas license shall install own or leasea bulk storage
403	filling plant of not less than 18,000 gallons (water capacity)
404	within the state and shall be located within a 75-mile radius of
405	the licensed company's business location. Such bulk storage must
406	have loading and unloading provisions solely for the license
407	holder and be operated and maintained in compliance with this
408	chapter for the duration of the license.
409	Section 6. Section 527.13, Florida Statutes, is amended to
410	read:
411	527.13 Administrative fine.--
412	(1) If any person violates any provision of this chapter
413	or any rule adopted pursuant thereto or a cease and desist
414	order, the department may impose a civil or administrative
415	penaltiespenalty not to exceed $3,000 for each offense,or
416	suspend or revoke the license or qualificationissued to such
417	person, or any of the foregoing. The cost of the proceedings to
418	enforce this chaptermay be added to any penalty imposed. The
419	department may allow the licensee a reasonable period, not to
420	exceed 9030days, within which to pay to the department the
421	amount of the penalty so imposed. If the licensee fails to pay
422	the penalty in its entirety to the department at its office at
423	Tallahassee within the period so allowed, the licenses of the
424	licensee shall stand revoked upon expiration of such period.
425	(2) If any license expires while administrative charges
426	are pending against the license, the proceedings against the
427	license shall continue to conclusion as if the license were
428	still in effect.
429	(3) In lieu of an administrative or civil penalty in
430	subsection (1) of this section, the department may issue a
431	warning letter to the license holder, master qualifier,
432	qualifier or any person for a first violation.
433	(4)(3)All such fines, monetary penalties, and costs
434	received by the department shall be deposited in the General
435	Inspection Trust Fund for the purpose of administering the
436	provisions of this chapter.
437	Section 7. Paragraph (c) of subsection (2) of section
438	527.22, Florida Statutes, is amended to read:
439	527.22 Florida Propane Gas Education, Safety, and Research
440	Council established; membership; duties and responsibilities.--
441	(2)
442	(c) Council members shall be appointed to staggeredterms
443	of 4 years, except that, of the initial members appointed, five
444	shall be appointed for terms of 2 years, five shall be appointed
445	for terms of 3 years, and five shall be appointed for terms of 4
446	years. Members may serve a maximum of two consecutive full
447	terms. Former council members may be reappointed to the council
448	if they have not been members for a period of 2 years. Vacancies
449	in unexpired terms of council members may be filled by the
450	council subject to approval of the commissioner. Members filling
451	unexpired terms may serve a maximum of 7 consecutive years.
452	Section 8. Section 559.904, Florida Statutes, is amended
453	to read:
454	559.904 Motor vehicle repair shop registration;
455	application; exemption.--
456	(1) Each motor vehicle repair shop engaged or attempting
457	to engage in the business of motor vehicle repair work must
458	register with the department prior to doing business in this
459	state. The application for registration must be on a form
460	provided by the department and must include at least the
461	following information:
462	(a) The name of the applicant.
463	(b) The name under which the applicant is doing business.
464	(c) The business address at which the applicant performs
465	repair work or in the case of a mobile motor vehicle repair
466	shop, the home address of the owner, if different from the
467	business address.
468	(d) Copies of all licenses, permits, and certifications
469	obtained by the applicant or employees of the applicant.
470	(e) Number of employees which the applicant intends to
471	employ or which are currently employed.
472	(2) Any motor vehicle repair shop maintaining more than
473	one place of business may file a single application biennially
474	annually, which, along with the other information required by
475	this part, clearly indicates the location of and the individual
476	in charge of each facility or in the case of a mobile motor
477	vehicle repair shop, the home address of the owner, if different
478	from the business address. In such case, fees shall be paid for
479	each place of business.
480	(3) Each application for registration must be accompanied
481	by a registration fee calculated on a per-year basisset forth
482	as follows:
483	(a) If the place of business has 1 to 5 employees: $50.
484	(b) If the place of business has 6 to 10 employees: $150.
485	(c) If the place of business has 11 or more employees:
486	$300.
487	(4) Each initial and renewal application for registration
488	must be accompanied by copies of the applicant's estimate and
489	invoice forms. Each renewal application for registration must be
490	accompanied by copies of the applicant's estimate and invoice
491	forms only in the event the original forms filed by the
492	applicant are changed, altered, or revised.Such forms must
493	comply with the applicable provisions of this act before a
494	registration may be issued.
495	(5) No biennialannualregistration fee is required for
496	any motor vehicle repair shop which has a local municipal or
497	county license issued pursuant to an ordinance containing
498	standards which the department determines are at least equal to
499	the requirements of this part, or for any motor vehicle dealer
500	licensed pursuant to chapter 320.
501	(6) The department shall issue to each applicant a
502	registration certificate in the form and size as prescribed by
503	the department in accordance with s. 120.60. In the case of an
504	applicant with more than one place of business, the department
505	shall issue a registration certificate for each place of
506	business. The certificate must show at least the name and
507	address of the motor vehicle repair shop and the registration
508	number for that place of business. In the case of a mobile motor
509	vehicle repair shop, the certificate must show the home address
510	of the owner, if different from the business address.
511	(7) Any person applying for or renewing a local
512	occupational license on or after October 1, 1993, to engage in
513	business as a motor vehicle repair shop must exhibit an active
514	registration certificate or active affidavit of exemption proof
515	of filing certificatefrom the department before the local
516	occupational license may be issued or renewed.
517	(8) Each registration must be renewed bienniallyannually
518	on or before the expiration date of the current registration. A
519	late fee of $25 shall be paid, in addition to the registration
520	fee or any other penalty, for any registration renewal
521	application that is received by the department after the
522	expiration date of the current registration. The department may
523	not issue the registration until all fees are paid.
524	(9) No annualregistration application or fee is required
525	for an individual with no employees and no established place of
526	business. In the case of a mobile motor vehicle repair shop, the
527	established place of business shall be considered the home
528	address of the owner, if different than the business address.
529	(10) The department may deny, revoke, or refuse to renew
530	the registration of a motor vehicle repair shop based upon a
531	determination that the motor vehicle repair shop, or any of its
532	directors, officers, owners, or general partners:
533	(a) Have failed to meet the requirements for registration
534	as provided in this part;
535	(b) Have not satisfied a civil fine, administrative fine,
536	or other penalty arising out of any administrative or
537	enforcement action brought by any governmental agency based upon
538	conduct involving fraud, dishonest dealing, or any violation of
539	this part;
540	(c) Have had against them any civil, criminal, or
541	administrative adjudication in any jurisdiction, based upon
542	conduct involving fraud, dishonest dealing, or any violation of
543	this part; or
544	(d) Have had a judgment entered against them in any action
545	brought by the department or the state attorney pursuant to ss.
546	501.201-501.213 or this part.
547	(11) The department shall post a prominent "Closed by
548	Order of the Department" sign on any motor vehicle repair shop
549	that has had its registration suspended or revoked. The
550	department shall also post a sign on any motor vehicle repair
551	shop that has been judicially or administratively determined to
552	be operating without a registration. It is a misdemeanor of the
553	second degree, punishable as provided in s. 775.082 or s.
554	775.083, for any person to deface such sign or remove such sign
555	without written authorization by the department or for any motor
556	vehicle repair shop to open for operation without a registration
557	or to open for operation as a motor vehicle repair shop while
558	its registration is suspended or revoked. The department may
559	impose administrative sanctions provided for in s. 559.921(4)
560	for violations of this subsection.
561	Section 9. Subsection (6) of section 559.929, Florida
562	Statutes, is amended to read:
563	559.929 Security requirements.--
564	(6) The department may waive the bond, letter of credit,
565	or certificate of deposit requirement on an annual basis if the
566	seller of travel has had 5 or more consecutive years of
567	experience as a seller of travel in Florida in compliance with
568	this part, can demonstrate financial responsibility in the
569	submission of audited financial statements or the prior year's
570	federal income tax return,has not had any civil, criminal, or
571	administrative action instituted against the seller of travel in
572	the vacation and travel business by any governmental agency or
573	any action involving fraud, theft, misappropriation of property,
574	or moral turpitude, and has a satisfactory consumer complaint
575	history with the department. Such waiver may be revoked if the
576	seller of travel violates any provision of this part.
577	Section 10. Paragraph (g) is added to subsection (4) of
578	section 501.143, Florida Statutes, to read:
579	501.143 Dance Studio Act.--
580	(4) CONTRACT REQUIREMENTS.--Every contract for ballroom
581	dance studio services or lessons shall be in writing and shall
582	be subject to this section. All provisions, requirements, and
583	prohibitions which are mandated by this section shall be
584	contained in the written contract before it is signed by the
585	customer. A copy of the signed contract shall be given to the
586	customer at the time the customer signs the contract.
587	(g) No contract for ballroom dance studio services or
588	lessons shall be for a period in excess of 36 months, and
589	thereafter shall only be renewable annually. Such renewal
590	contracts may not be executed and the fee therefore paid until
591	60 days or less before the preceding contract expires.
592	(7) PENALTIES; REMEDIES.--The following penalties and
593	remedies are available for enforcement of the provisions of this
594	section:
595	(a) The department shall have administrative authority to
596	issue a notice of noncompliance pursuant to s. 120.695 and to
597	suspend or revoke the registration of any ballroom dance studio
598	that violates any of the provisions of this section or the rules
599	adopted or orders issued pursuant to such rules. Such ballroom
600	dance studio may not engage in business while the registration
601	is revoked or suspended.
602	(b) The department may impose an administrative fine not
603	to exceed $5,000 per violation against any ballroom dance studio
604	that violates any of the provisions of this section or the rules
605	adopted or orders issued pursuant to this section.
606	(c) Notwithstanding the provisions of subsection (5), the
607	department may require any ballroom dance studio that has
608	operated or is operating in violation of any of the provisions
609	of this section or the rules adopted or orders issued pursuant
610	to such rules to post security with the department in an amount
611	not to exceed $25,000.
612	(d) The department may proceed by injunction to prevent
613	any ballroom dance studio from doing business subject to the
614	provisions of this section until a performance bond, letter of
615	credit, or certificate of deposit is posted with the department.
616	(e) The enforcing authority may seek a civil penalty not
617	to exceed $5,000 for each violation of this section or the rules
618	adopted or orders issued pursuant to such rules and may
619	institute a civil action in circuit court to recover any
620	penalties or damages allowed in this section and for injunctive
621	relief to enforce compliance with this section or any rule or
622	order of the department.
623	(f) The remedies provided in this section are in addition
624	to any other remedies available for the same conduct.
625	(8) CRIMINAL PENALTIES.--Any person which knowingly
626	violates this section commits a misdemeanor of the first degree,
627	punishable as provided in s. 775.082 or s. 775.083. However, any
628	person which knowingly conducts business as a ballroom dance
629	studio without registering annually with the department commits
630	a misdemeanor of the second degree, punishable as provided in s.
631	775.082 or s. 775.083.
632	(10) ENFORCEMENT BY CUSTOMER.--Any customer injured by a
633	fraudulent act or fraudulent omission in violation of this
634	section may bring an action for the recovery of damages.
635	Judgment may be entered for three times the amount at which the
636	actual damages are assessed, plus costs and reasonable
637	attorney's fees.
638	Section 11. This act shall take effect upon becoming a
639	law.