HB 1471 2003
1	CHAMBER ACTION
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6	Committee on Agriculture recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to the Department of Agriculture and
13	Consumer Services; amending s. 527.01, F.S.; revising the
14	definition of "qualifier" for purposes of ch. 527, F.S.,
15	relating to sale of liquefied petroleum gas; revising the
16	definition of “category I liquefied petroleum gas dealer”;
17	revising the definition of "category II liquefied
18	petroleum gas dispenser"; revising the definition of “LP
19	gas installer”; revising the definition of “specialty
20	installer”; defining “category V liquefied petroleum gases
21	dealer for industrial uses only”; amending s. 527.02,
22	F.S.; providing for licensure of category V liquefied
23	petroleum gases dealers for industrial uses only;
24	providing license fees for such dealers; creating s.
25	527.0201, F.S.; reorganizing existing subsections of
26	Florida Statutes; providing for examination of such
27	dealers; revising persons who may make application for
28	examination for competency; providing that no person may
29	act as a qualifier for more than one licensed location;
30	providing an additional prerequisite for certification as
31	a master qualifier; clarifying provisions with respect to
32	procedure in the event of specified vacancies in qualifier
33	and master qualifier positions; clarifying provisions with
34	respect to suspension of a license in the event that a
35	business organization no longer possesses a duly
36	designated qualifier; providing procedure with respect to
37	category I liquefied petroleum gas dealers or LP gas
38	installers who no longer possess a master qualifier but
39	employ a category I liquefied petroleum gas dealer or LP
40	gas installer qualifier; providing that the department may
41	deny, refuse to renew, suspend, or revoke a qualifier card
42	or master qualifier certificate for specified causes;
43	amending s. 527.06, F.S.; conforming a cross reference;
44	amending s. 527.065, F.S.; revising conditions under which
45	liquefied petroleum gas licensees must notify the
46	department of liquefied petroleum gas-related accidents
47	involving a customer account; amending s. 527.11, F.S.;
48	revising a prerequisite to obtaining a liquefied petroleum
49	gas license; amending s. 527.13, F.S.; authorizing the
50	department to impose administrative penalties and suspend
51	or revoke a qualification for violation of the provisions
52	of ch. 527, F.S., rules adopted pursuant thereto, or a
53	cease and desist order; increasing the period of time in
54	which licensees may pay penalties to the department;
55	authorizing the department to issue a warning letter to
56	licenseholders, master qualifiers, qualifiers, or others
57	in lieu of an administrative or civil penalty for first
58	violations; amending s. 527.22, F.S.; revising terms of
59	membership of the Propane Gas Education, Safety, and
60	Research Council; amending s. 559.904, F.S.; revising
61	provisions relating to applications, renewal applications,
62	registration, and registration fees with respect to motor
63	vehicle repair shops; amending s. 559.929, F.S.;
64	eliminating a condition under which the department may
65	waive security requirements with respect to registration
66	as a seller of travel; amending s. 501.143, F.S.;
67	providing limitations on contracts for ballroom dance
68	studio services, the renewal of such contracts, and oral
69	or written representations with respect thereto; providing
70	penalties, remedies, and enforcement; amending s. 507.03,
71	F.S.; revising registration requirements for moving
72	services; amending s. 507.04, F.S.; revising requirements
73	with respect to insurance coverage for moving services;
74	amending s. 570.382, F.S.; authorizing licensed entities
75	permitted to race Arabian horses to conduct activities
76	licensed under ch. 550, F.S., under specified
77	circumstances; providing an effective date.
78
79	Be It Enacted by the Legislature of the State of Florida:
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81	Section 1. Paragraph (h) is added to subsection (5) of
82	section 527.01, Florida Statutes, subsections (6), (7), (10),
83	and (11) are amended, and a new subsection (19) is added to said
84	section, to read:
85	527.01 Definitions. As used in this chapter:
86	(5) "Qualifier" means any person who has passed a
87	competency examination administered by the department and is
88	employed by a licensed business in one or more of the following
89	classifications:
90	(h) Category V liquefied petroleum gases dealer for
91	industrial uses only.
92	(6) "Category I liquefied petroleum gas dealer" means any
93	person selling or offering to sell by delivery or at a
94	stationary location any liquefied petroleum gas to the ultimate
95	consumer for industrial, commercial, or domestic use; any person
96	leasing or offering to lease, or exchanging or offering to
97	exchange, any apparatus, appliances, and equipment for the use
98	of liquefied petroleum gas; any person installing, servicing,
99	altering, or modifying apparatus, piping, tubing, appliances,
100	and equipment for the use of liquefied petroleum or naturalgas;
101	any person installing carburetion equipment; or any person
102	requalifying cylinders.
103	(7) "Category II liquefied petroleum gas dispenser" means
104	any person engaging in the business of operating a liquefied
105	petroleum gas dispensing unit for the purpose of serving liquid
106	products to the ultimate consumer for industrial, commercial, or
107	domestic use, and selling or offering to sell, or leasing or
108	offering to lease, apparatus, appliances, and equipment for the
109	use of liquefied petroleum gas, including maintaining a cylinder
110	storage rack at the licensed business location for the purpose
111	of storing cylinders filled by the licensed business for sale or
112	use at a later dateengaging in the business of operating a
113	cylinder exchange unit.
114	(10) "LP gas installer" means any person who is engaged in
115	the liquefied petroleum gas business and whose services include
116	the installation, servicing, altering, or modifying of
117	apparatus, piping, tubing, tanks, and equipment for the use of
118	liquefied petroleum or naturalgas and selling or offering to
119	sell, or leasing or offering to lease, apparatus, appliances,
120	and equipment for the use of liquefied petroleum or naturalgas.
121	(11) "Specialty installer" means any person involved in
122	the installation, service, or repair of liquefied petroleum or
123	naturalgas appliances and equipment, and selling or offering to
124	sell, or leasing or offering to lease, apparatus, appliances,
125	and equipment for the use of liquefied petroleum gas, whose
126	activities are limited to specific types of appliances and
127	equipment as designated by department rule.
128	(19) “Category V liquefied petroleum gases dealer for
129	industrial uses only” means any person engaged in the business
130	of filling, selling, and transporting liquefied petroleum gas
131	containers for use in welding, forklifts, or other industrial
132	applications.
133	Section 2. Section 527.02, Florida Statutes, is amended,
134	and section 527.0201, Florida Statutes, is created, to read:
135	527.02 License; penalty; fees.
136	(1)(a)It is unlawful for any person to engage in this
137	state in the activities of a pipeline system operator, category
138	I liquefied petroleum gas dealer, category II liquefied
139	petroleum gas dispenser, category III liquefied petroleum gas
140	cylinder exchange operator, category IV liquefied petroleum gas
141	dispenser and recreational vehicle servicer, category V
142	liquefied petroleum gases dealer for industrial uses only,LP
143	gas installer, specialty installer, dealer in liquefied
144	petroleum gas appliances and equipment, manufacturer of
145	liquefied petroleum gas appliances and equipment, requalifier of
146	cylinders, or fabricator, repairer, and tester of vehicles and
147	cargo tanks without first obtaining from the department a
148	license to engage in one or more of these businesses. The sale
149	of liquefied petroleum gas cylinders with a volume of 10 pounds
150	water capacity or 4.2 pounds liquefied petroleum gas capacity or
151	less is exempt from the requirements of this chapter. It is a
152	felony of the third degree, punishable as provided in s.
153	775.082, s. 775.083, or s. 775.084, to intentionally or
154	willfully engage in any of said activities without first
155	obtaining appropriate licensure from the department.
156	(2)Each business location of a person having multiple
157	locations shall be separately licensed and must meet the
158	requirements of this section. Such license shall be granted to
159	any applicant determined by the department to be competent,
160	qualified, and trustworthy who files with the department a
161	surety bond, insurance affidavit, or other proof of insurance,
162	as hereinafter specified, and pays for such license the
163	following original application fee for new licenses and annual
164	renewal fees for existing licenses:
165	License Category OriginalApplication Fee Renewal Fee
166	Category I liquefiedpetroleum gas dealer $525 $425
167	Category II liquefiedpetroleum gas dispenser 525 375
168	Category III liquefiedpetroleum gas cylinderexchange unit operator 100 65
169	Category IV liquefied gas dispenser and recreational vehicle servicer 525 400
170	Category V liquefied petroleum gases dealer for industrial uses only 300 200
171	LP gas installer 300 200
172	Specialty installer 300 200
173	Dealer in appliances and equipment for use of liquefied petroleum gas 50 45
174	Manufacturer of liquefied petroleum gas appliances and equipment 525 375
175	Requalifier of cylinders 525 375
176	Fabricator, repairer, and tester of vehicles and cargo tanks 525 375
177	(3)Any applicant for original license whose application
178	is submitted during the last 6 months of the license year may
179	have the original license fee reduced by one-half for the 6-
180	month period. This provision shall apply only to those companies
181	applying for an original license and shall not be applied to
182	licensees who held a license during the previous license year
183	and failed to renew the license. The department may refuse to
184	issue an initial license to any applicant who is under
185	investigation in any jurisdiction for an action that would
186	constitute a violation of this chapter until such time as the
187	investigation is complete.
188	(4)(b)Any person applying for a liquefied petroleum gas
189	license as a specialty installer, as defined by s. 527.01(11),
190	shall upon application to the department identify the specific
191	area of work to be performed. Upon completion of all license
192	requirements set forth in this chapter, the department shall
193	issue the applicant a license specifying the scope of work, as
194	identified by the applicant and defined by rule of the
195	department, for which the person is authorized.
196	(5)(c)The license fee for a pipeline system operator
197	shall be $100 per system owned or operated by the person, not to
198	exceed $400 per license year. Such license fee applies only to a
199	pipeline system operator who owns or operates a liquefied
200	petroleum gas pipeline system that is used to transmit liquefied
201	petroleum gas from a common source to the ultimate customer and
202	that serves 10 or more customers.
203	(6)(d)The department shall promulgate rules specifying
204	acts deemed by the department to demonstrate a lack of
205	trustworthiness to engage in activities requiring a license or
206	qualifier identification card under this section.
207	(7)(e)Any license issued by the department may be
208	transferred to any person, firm, or corporation for the
209	remainder of the current license year upon written request to
210	the department by the original licenseholder. Prior to approval
211	of any transfer, all licensing requirements of this chapter must
212	be met by the transferee. A license transfer fee of $50 shall be
213	charged for each such transfer.
214	527.0201 Qualifiers; master qualifiers; examinations.--
215	(1)(2) In addition to the requirements of s. 527.02
216	subsection (1), any person applying for a license to engage in
217	the activities of a pipeline system operator, category I
218	liquefied petroleum gas dealer, category II liquefied petroleum
219	gas dispenser, category IV liquefied petroleum gas dispenser and
220	recreational vehicle servicer, category V liquefied petroleum
221	gases dealer for industrial uses only,LP gas installer,
222	specialty installer, requalification of cylinders, or
223	fabricator, repairer, and tester of vehicles and cargo tanks,
224	must prove competency by passing a written examination
225	administered by the department or its agent with a grade of 75
226	percent or above. Each applicant for examination shall submit a
227	$20 nonrefundable fee. The department shall by rule specify the
228	general areas of competency to be covered by each examination
229	and the relative weight to be assigned in grading each area
230	tested.
231	(2)(a)Application for examination for competency may be
232	made by an individual or by an owner, a partner, or any person
233	employed byin a supervisory capacity ofthe license applicant.
234	Upon successful completion of the competency examination, the
235	department shall issue a qualifier identification card to the
236	examinee.
237	(a)Qualifier identification cards, except those issued to
238	category I liquefied petroleum gas dealers and liquefied
239	petroleum gas installers, shall remain in effect as long as the
240	individual shows to the department proof of active employment in
241	the area of examination and all continuing education
242	requirements are met. Should the individual terminate active
243	employment in the area of examination for a period exceeding 24
244	months, or fail to provide documentation of continuing
245	education, the individual's qualifier status shall automatically
246	expire. If the qualifier status has expired, the individual must
247	applymay reapply for and successfully complete anexamination
248	by the department in order to reestablish qualifier status.
249	(b) Every business organization shall employpossess such
250	a full-time qualifier at all times who has successfully
251	completed an examination in the corresponding category of the
252	license held by the business organization. No person may act as
253	a qualifier for more than one licensed location.
254	(3)(b)Qualifier cards issued to category I liquefied
255	petroleum gas dealers and liquefied petroleum gas installers
256	shall expire 3 years after the date of issuance. All category I
257	liquefied petroleum gas dealer qualifiers and liquefied
258	petroleum gas installer qualifiers holding a valid qualifier
259	card upon the effective date of this act shall retain their
260	qualifier status until July 1, 2003, and may sit for the master
261	qualifier examination at any time during that time period. All
262	suchAlternatively, allcategory I liquefied petroleum gas
263	dealer qualifiers and liquefied petroleum gas installer
264	qualifiers may renew their qualification on or before July 1,
265	2003, upon application to the department, payment of a $20
266	renewal fee, and documentation of the completion of a minimum of
267	12 hours approved continuing education courses, as defined by
268	department rule, during the previous 3-year period. Applications
269	for renewal must be made 30 calendar days prior to expiration.
270	Persons failing to renew prior to the expiration date must
271	reapply and take a qualifier competency examination in order to
272	reestablish category I liquefied petroleum gas dealer qualifier
273	and liquefied petroleum gas installer qualifier status. In the
274	event a category I liquefied petroleum gas qualifier or
275	liquefied petroleum gas installer qualifier becomes a master
276	qualifier at any time during the effective date of the qualifier
277	card, the card shall remain in effect until expiration of the
278	master qualifier certification.
279	(4)(3)A qualifier for a business organization involved in
280	installation, repair, maintenance, or service of liquefied
281	petroleum gas appliances, equipment, or systems must actually
282	function in a supervisory capacity of other company employees
283	installing, repairing, maintaining, or servicing liquefied
284	petroleum gas appliances, equipment, or systems. A separate
285	qualifier shall be required for every 10 such employees.
286	Additional qualifiers are required for those business
287	organizations employing more than 10 employees that install,
288	repair, maintain, or service liquefied petroleum gas equipment
289	and systems.
290	(5)(4)In addition to all other licensing requirements,
291	each category I liquefied petroleum gas dealer and liquefied
292	petroleum gas installer must, at the time of application for
293	licensure, identify to the department one master qualifier who
294	is a full-time employee at the licensed location. This person
295	shall be a manager, owner, or otherwise primarily responsible
296	for overseeing the operations of the licensed location and must
297	provide documentation to the department as provided by rule. The
298	master qualifier requirement shall be in addition to the
299	requirements of subsection (1)(2).
300	(a) In order to apply for certification as a master
301	qualifier, each applicant must be a category I liquefied
302	petroleum gas dealer qualifier or liquefied petroleum gas
303	installer qualifier, must be employed by a licensed category I
304	liquefied petroleum gas dealer, liquefied petroleum gas
305	installer, or applicant for such license, must provide
306	documentation of a minimum of one year's work experience in the
307	gas industry,and must pass a master qualifier competency
308	examination. Master qualifier examinations shall be based on
309	Florida's laws, rules, and adopted codes governing liquefied
310	petroleum gas safety, general industry safety standards, and
311	administrative procedures. The examination must be successfully
312	completed by the applicant with a grade of 75 percent or more.
313	Each applicant for master qualifier status shall submit to the
314	department a nonrefundable $30 examination fee prior to the
315	examination.
316	(b) Upon successful completion of the master qualifier
317	examination, the department shall issue the examinee a
318	certificate of master qualifier status which shall include the
319	name of the licensed company for which the master qualifier is
320	employed. A master qualifier may transfer from one licenseholder
321	to another upon becoming employed by the company and providing a
322	written request to the department.
323	(c) Master qualifier status shall expire 3 years after the
324	date of issuance of the certificate and may be renewed by
325	submission to the department of documentation of completion of
326	at least 12 hours of approved continuing education courses
327	during the 3-year period; proof of employment with a licensed
328	category I liquefied petroleum gas dealer, liquefied petroleum
329	gas installer, or applicant; and a $30 certificate renewal fee.
330	The department shall define, by rule, approved courses of
331	continuing education.
332	(d) Each category I liquefied petroleum gas dealer or
333	liquefied petroleum gas installer licensed as of August 31,
334	2000, shall identify to the department one current category I
335	liquefied petroleum gas dealer qualifier or liquefied petroleum
336	gas installer qualifier who will be the designated master
337	qualifier for the licenseholder. Such individual must provide
338	proof of employment for 3 years or more within the liquefied
339	petroleum gas industry, and shall, upon approval of the
340	department, be granted a master qualifier certificate. All other
341	requirements with regard to master qualifier certificate
342	expiration, renewal, and continuing education shall apply.
343	(6)(5)A vacancy in a qualifier or master qualifier
344	position in a business organization which results from the
345	departure of the qualifier or master qualifiershall be
346	immediately reported to the department by the departing
347	qualifier or master qualifier and the licensed company.
348	(a)In the event a business organization no longer
349	possesses a duly designated qualifier, as required by this
350	section, its liquefied petroleum gas licenses shall be suspended
351	by order of the department after 20 working days. The license
352	and shall remain suspended until a competent qualifier has been
353	employed, the order of suspension terminated by the department,
354	and the license reinstatedretained. A vacancy in the qualifier
355	position for a period of more than 20 working days shall be
356	deemed to constitute an immediate threat to the public health,
357	safety, and welfare. Failure to obtain a replacement qualifier
358	within 60 days of the vacancy shall be grounds for revocation of
359	licensure or eligibility for licensure.
360	(b) Any category I liquefied petroleum gas dealer or LP
361	gas installer who no longer possesses a master qualifier but
362	currently employs a category I liquefied petroleum gas dealer or
363	LP gas installer qualifier as required by this section, shall
364	have 60 days within which to replace the master qualifier. If
365	the company fails to replace the master qualifier within the 60-
366	day time period, the license of the company shall be suspended
367	by order of the department. The license shall remain suspended
368	until a competent master qualifier has been employed, the order
369	of suspension has been terminated by the department, and the
370	license reinstated. Failure to obtain a replacement master
371	qualifier within 90 days of the vacancy shall be grounds for
372	revocation of licensure or eligibility for licensure.
373	(7) The Department may deny, refuse to renew, suspend, or
374	revoke any qualifier card or master qualifier certificate for
375	any of the following causes:
376	(a) Violation of any provision of this chapter or any rule
377	or order of the department;
378	(b) Falsification of records relating to the qualifier
379	card or master qualifier certificate; or
380	(c) Failure to meet any of the renewal requirements.
381	(8)(6)Any individual having competency qualifications on
382	file with the department may request the transfer of such
383	qualifications to any existing licenseholder by making a written
384	request to the department for such transfer. Any individual
385	having a competency examination on file with the department may
386	use such examination for a new license application after making
387	application in writing to the department. All examinations are
388	confidential and exempt from the provisions of s. 119.07(1).
389	(9)(7)If a duplicate license, qualifier card, or master
390	qualifier certificate is requested by the licensee, a fee of $10
391	must be received before issuance of the duplicate license or
392	card. If a facsimile transmission of an original license is
393	requested, upon completion of the transmission a fee of $10 must
394	be received by the department before the original license may be
395	mailed to the requester.
396	(10)(8)All revenues collected herein shall be deposited
397	in the General Inspection Trust Fund for the purpose of
398	administering the provisions of this chapter.
399	Section 3. Subsection (4) of section 527.06, Florida
400	Statutes, is amended to read:
401	527.06 Rules.
402	(4) Rules in substantial conformity with the published
403	standards in Title 49 of the Code of Federal Regulations
404	relative to liquefied petroleum gas pipelines shall be deemed to
405	be in substantial conformity with the generally accepted
406	standards of safety concerning the same subject matter.
407	Violation of any provision of the rules adopted pursuant to this
408	subsection may be enjoined under the provisions of s. 527.09.
409	Any person who violates any provision of the rules adopted
410	pursuant to this subsection shall be subject to a civil penalty
411	not to exceed $25,000 for each such violation for each day that
412	such violation persists, except that the maximum civil penalty
413	shall not exceed $500,000, in aggregate, for any related series
414	of violations. Any such civil penalty may be compromised by the
415	department. In determining the amount of such penalty or the
416	amount agreed upon in compromise, the appropriateness of such
417	penalty to the size of the business of the person charged, the
418	gravity of the violation, and the good faith of the person
419	charged in attempting to achieve compliance after notification
420	of a violation shall be considered. Each penalty shall be a lien
421	upon the real and personal property of such person and
422	enforceable by the department as statutory liens under chapter
423	85, the proceeds of which shall be deposited in the General
424	Inspection Trust Fund, as provided in s. 527.0201527.02.
425	Section 4. Subsection (1) of section 527.065, Florida
426	Statutes, is amended to read:
427	527.065 Notification of accidents; leak calls.
428	(1) Immediately upon discovery, all liquefied petroleum
429	gas licensees shall notify the department of any liquefied
430	petroleum gas-relatedgas relatedaccident involving a liquefied
431	petroleum gas licenseecompany or customer account which:
432	(a) Whichcaused a death or personal injury requiring
433	professional medical treatment;
434	(b) WhereResulted in theuncontrolled ignition of
435	liquefied petroleum gas resulted in death, personal injury, or
436	property damage exceeding $1,000; or
437	(c) Whichcaused estimated damage to property exceeding
438	$1,000.
439	Section 5. Subsection (1) of section 527.11, Florida
440	Statutes, is amended to read:
441	527.11 Minimum storage.
442	(1) Every person who engages in the distribution of
443	liquefied petroleum gas for resale to domestic, commercial, or
444	industrial consumers as a prerequisite to obtaining a liquefied
445	petroleum gas license shall install, own or leasea bulk storage
446	filling plant of not less than 18,000 gallons (water capacity)
447	within the state and shall be located within a 75-mile radius of
448	the licensed company's business location. This bulk storage
449	filling plant must have loading and unloading provisions solely
450	for the licenseholder and be operated and maintained in
451	compliance with this chapter for the duration of the license.
452	Section 6. Section 527.13, Florida Statutes, is amended to
453	read:
454	527.13 Administrative finesfineand warning letters.--
455	(1) If any person violates any provision of this chapter
456	or any rule adopted pursuant thereto or a cease and desist
457	order, the department may impose a civil or administrative
458	penaltiespenalty not to exceed $3,000 for each offense,or
459	suspend or revoke the license or qualificationissued to such
460	person, or any of the foregoing. The cost of the proceedings to
461	enforce this chaptermay be added to any penalty imposed. The
462	department may allow the licensee a reasonable period, not to
463	exceed 9030days, within which to pay to the department the
464	amount of the penalty so imposed. If the licensee fails to pay
465	the penalty in its entirety to the department at its office at
466	Tallahassee within the period so allowed, the licenses of the
467	licensee shall stand revoked upon expiration of such period.
468	(2) If any license expires while administrative charges
469	are pending against the license, the proceedings against the
470	license shall continue to conclusion as if the license were
471	still in effect.
472	(3) In lieu of an administrative or civil penalty in
473	subsection (1) of this section, the department may issue a
474	warning letter to the license holder, master qualifier,
475	qualifier, or any person for a first violation.
476	(4)(3)All such fines, monetary penalties, and costs
477	received by the department shall be deposited in the General
478	Inspection Trust Fund for the purpose of administering the
479	provisions of this chapter.
480	Section 7. Paragraph (c) of subsection (2) of section
481	527.22, Florida Statutes, is amended to read:
482	527.22 Florida Propane Gas Education, Safety, and Research
483	Council established; membership; duties and responsibilities.
484	(2)
485	(c) Council members shall be appointed to staggeredterms
486	of 4 years, except that, of the initial members appointed, five
487	shall be appointed for terms of 2 years, five shall be appointed
488	for terms of 3 years, and five shall be appointed for terms of 4
489	years. Members may serve a maximum of two consecutive full
490	terms. Former council members may be reappointed to the council
491	if they have not been members for a period of 2 years. Vacancies
492	in unexpired terms of council members may be filled by the
493	council subject to approval of the commissioner. Members filling
494	unexpired terms may serve a maximum of 7 consecutive years.
495	Section 8. Section 559.904, Florida Statutes, is amended
496	to read:
497	559.904 Motor vehicle repair shop registration;
498	application; exemption.
499	(1) Each motor vehicle repair shop engaged or attempting
500	to engage in the business of motor vehicle repair work must
501	register with the department prior to doing business in this
502	state. The application for registration must be on a form
503	provided by the department and must include at least the
504	following information:
505	(a) The name of the applicant.
506	(b) The name under which the applicant is doing business.
507	(c) The business address at which the applicant performs
508	repair work or in the case of a mobile motor vehicle repair
509	shop, the home address of the owner, if different from the
510	business address.
511	(d) Copies of all licenses, permits, and certifications
512	obtained by the applicant or employees of the applicant.
513	(e) Number of employees which the applicant intends to
514	employ or which are currently employed.
515	(2) Any motor vehicle repair shop maintaining more than
516	one place of business may file a single application biennially
517	annually, which, along with the other information required by
518	this part, clearly indicates the location of and the individual
519	in charge of each facility or in the case of a mobile motor
520	vehicle repair shop, the home address of the owner, if different
521	from the business address. In such case, fees shall be paid for
522	each place of business.
523	(3) Each application for registration must be accompanied
524	by a registration fee calculated on a per-year basisset forth
525	as follows:
526	(a) If the place of business has 1 to 5 employees: $50.
527	(b) If the place of business has 6 to 10 employees: $150.
528	(c) If the place of business has 11 or more employees:
529	$300.
530	(4) Each initial and renewalapplication for registration
531	must be accompanied by copies of the applicant's estimate and
532	invoice forms. Each renewal application for registration must be
533	accompanied by copies of the applicant's estimate and invoice
534	forms only in the event the original forms filed by the
535	applicant are changed, altered, or revised.Such forms must
536	comply with the applicable provisions of this act before a
537	registration may be issued.
538	(5) No biennialannualregistration fee is required for
539	any motor vehicle repair shop which has a local municipal or
540	county license issued pursuant to an ordinance containing
541	standards which the department determines are at least equal to
542	the requirements of this part, or for any motor vehicle dealer
543	licensed pursuant to chapter 320.
544	(6) The department shall issue to each applicant a
545	registration certificate in the form and size as prescribed by
546	the department in accordance with s. 120.60. In the case of an
547	applicant with more than one place of business, the department
548	shall issue a registration certificate for each place of
549	business. The certificate must show at least the name and
550	address of the motor vehicle repair shop and the registration
551	number for that place of business. In the case of a mobile motor
552	vehicle repair shop, the certificate must show the home address
553	of the owner, if different from the business address.
554	(7) Any person applying for or renewing a local
555	occupational license on or after October 1, 1993, to engage in
556	business as a motor vehicle repair shop must exhibit an active
557	registration certificate or active affidavit of exemption proof
558	of filing certificatefrom the department before the local
559	occupational license may be issued or renewed.
560	(8) Each registration must be renewed bienniallyannually
561	on or before the expiration date of the current registration. A
562	late fee of $25 shall be paid, in addition to the registration
563	fee or any other penalty, for any registration renewal
564	application that is received by the department after the
565	expiration date of the current registration. The department may
566	not issue the registration until all fees are paid.
567	(9) No annualregistration application or fee is required
568	for an individual with no employees and no established place of
569	business. In the case of a mobile motor vehicle repair shop, the
570	established place of business shall be considered the home
571	address of the owner, if different than the business address.
572	(10) The department may deny, revoke, or refuse to renew
573	the registration of a motor vehicle repair shop based upon a
574	determination that the motor vehicle repair shop, or any of its
575	directors, officers, owners, or general partners:
576	(a) Have failed to meet the requirements for registration
577	as provided in this part;
578	(b) Have not satisfied a civil fine, administrative fine,
579	or other penalty arising out of any administrative or
580	enforcement action brought by any governmental agency based upon
581	conduct involving fraud, dishonest dealing, or any violation of
582	this part;
583	(c) Have had against them any civil, criminal, or
584	administrative adjudication in any jurisdiction, based upon
585	conduct involving fraud, dishonest dealing, or any violation of
586	this part; or
587	(d) Have had a judgment entered against them in any action
588	brought by the department or the state attorney pursuant to ss.
589	501.201-501.213 or this part.
590	(11) The department shall post a prominent "Closed by
591	Order of the Department" sign on any motor vehicle repair shop
592	that has had its registration suspended or revoked. The
593	department shall also post a sign on any motor vehicle repair
594	shop that has been judicially or administratively determined to
595	be operating without a registration. It is a misdemeanor of the
596	second degree, punishable as provided in s. 775.082 or s.
597	775.083, for any person to deface such sign or remove such sign
598	without written authorization by the department or for any motor
599	vehicle repair shop to open for operation without a registration
600	or to open for operation as a motor vehicle repair shop while
601	its registration is suspended or revoked. The department may
602	impose administrative sanctions provided for in s. 559.921(4)
603	for violations of this subsection.
604	(12) In order to implement the biennial registration
605	requirements in this section, the department shall have
606	rulemaking authority in order to stagger the registrations over
607	a 2-year period. This subsection shall expire on June 30, 2005.
608	Section 9. Subsection (6) of section 559.929, Florida
609	Statutes, is amended to read:
610	559.929 Security requirements.
611	(6) The department may waive the bond, letter of credit,
612	or certificate of deposit requirement on an annual basis if the
613	seller of travel has had 5 or more consecutive years of
614	experience as a seller of travel in Florida in compliance with
615	this part, can demonstrate financial responsibility in the
616	submission of audited financial statements or the prior year's
617	federal income tax return,has not had any civil, criminal, or
618	administrative action instituted against the seller of travel in
619	the vacation and travel business by any governmental agency or
620	any action involving fraud, theft, misappropriation of property,
621	or moral turpitude, and has a satisfactory consumer complaint
622	history with the department. Such waiver may be revoked if the
623	seller of travel violates any provision of this part.
624	Section 10. Paragraphs (g) and (h) are added to subsection
625	(4) of section 501.143, Florida Statutes, to read:
626	501.143 Dance Studio Act.
627	(4) CONTRACT REQUIREMENTS. Every contract for ballroom
628	dance studio services or lessons shall be in writing and shall
629	be subject to this section. All provisions, requirements, and
630	prohibitions which are mandated by this section shall be
631	contained in the written contract before it is signed by the
632	customer. A copy of the signed contract shall be given to the
633	customer at the time the customer signs the contract.
634	(g) No contract for ballroom dance studio services or
635	lessons shall be for a period in excess of 36 months, and
636	thereafter shall only be renewable annually. Such renewal
637	contracts may not be executed and the fee therefore paid until
638	60 days or less before the preceding contract expires.
639	(h) No ballroom dance studio shall directly or indirectly
640	make any oral or written representation that a ballroom dance
641	studio contract for future services is for a lifetime,
642	constitutes a perpetual membership, or is otherwise for an
643	indefinite term.
644	(7) PENALTIES; REMEDIES. The following penalties and
645	remedies are available for enforcement of the provisions of this
646	section:
647	(a) The department shall have administrative authority to
648	issue a notice of noncompliance pursuant to s. 120.695 and to
649	suspend or revoke the registration of any ballroom dance studio
650	that violates any of the provisions of this section or the rules
651	adopted or orders issued pursuant to such rules. Such ballroom
652	dance studio may not engage in business while the registration
653	is revoked or suspended.
654	(b) The department may impose an administrative fine not
655	to exceed $5,000 per violation against any ballroom dance studio
656	that violates any of the provisions of this section or the rules
657	adopted or orders issued pursuant to this section.
658	(c) Notwithstanding the provisions of subsection (5), the
659	department may require any ballroom dance studio that has
660	operated or is operating in violation of any of the provisions
661	of this section or the rules adopted or orders issued pursuant
662	to such rules to post security with the department in an amount
663	not to exceed $25,000.
664	(d) The department may proceed by injunction to prevent
665	any ballroom dance studio from doing business subject to the
666	provisions of this section until a performance bond, letter of
667	credit, or certificate of deposit is posted with the department.
668	(e) The enforcing authority may seek a civil penalty not
669	to exceed $5,000 for each violation of this section or the rules
670	adopted or orders issued pursuant to such rules and may
671	institute a civil action in circuit court to recover any
672	penalties or damages allowed in this section and for injunctive
673	relief to enforce compliance with this section or any rule or
674	order of the department.
675	(f) The remedies provided in this section are in addition
676	to any other remedies available for the same conduct.
677	(8) CRIMINAL PENALTIES. Any person which knowingly
678	violates this section commits a misdemeanor of the first degree,
679	punishable as provided in s. 775.082 or s. 775.083. However, any
680	person which knowingly conducts business as a ballroom dance
681	studio without registering annually with the department commits
682	a misdemeanor of the second degree, punishable as provided in s.
683	775.082 or s. 775.083.
684	(10) ENFORCEMENT BY CUSTOMER. Any customer injured by a
685	fraudulent act or fraudulent omission in violation of this
686	section may bring an action for the recovery of damages.
687	Judgment may be entered for three times the amount at which the
688	actual damages are assessed, plus costs and reasonable
689	attorney's fees.
690	Section 11. Subsection (1) of section 507.03, Florida
691	Statutes, is amended to read:
692	507.03 Registration.--
693	(1) Each mover shall annually register with the
694	department, providing its legal business and trade name, mailing
695	address, and business locations; the full names, addresses, and
696	telephone numbers, and social security numbersof its owners or
697	corporate officers and directors and the Florida agent of the
698	corporation; a statement whether it is a domestic or foreign
699	corporation, its state and date of incorporation, its charter
700	number, and, if a foreign corporation, the date it registered
701	with the State of Florida, and occupational license where
702	applicable; the date on which a mover registered its fictitious
703	name if the mover is operating under a fictitious or trade name;
704	the name of all other corporations, business entities, and trade
705	names through which each owner of the mover operated, was known,
706	or did business as a mover within the preceding 5 years; and
707	proof of insurance coverage as required by this act.
708	Section 12. Subsection (2) of section 507.04, Florida
709	Statutes, is amended to read:
710	507.04 Cargo legal liability valuation and insurance
711	coverage.--
712	(2) All insurance coverages required under subsection (1)
713	shall be issued by an insurance company or carrier duly
714	authorized to transact business in the State of Florida. The
715	department shallmay require a mover to present a certificate of
716	insuranceevidenceof the required coverages prior to issuance
717	of a registration certificate, or renewal thereof, under s.
718	507.03. The department shall be named as a certificateholder in
719	the certificate, and shall be notified at least 30 days in
720	advance of any changes in insurance coverage.
721	Section 13. Subsection (6) is added to section 570.382,
722	Florida Statutes, to read:
723	570.382 Arabian horse racing; breeders' and stallion
724	awards; Arabian Horse Council; horse registration fees; Florida
725	Arabian Horse Racing Promotion Fund.—-
726	(6) Notwithstanding any contrary provisions of law and in
727	order to enhance the horse breeding industry of this state, any
728	licensed entity that is permitted to race Arabian horses and
729	would be required to make contributions to the Florida Arabian
730	Horse Racing Promotion Fund may conduct at any time any activity
731	authorized by law and being conducted within 35 miles of its
732	licensed facility by any other entity licensed pursuant to
733	chapter 550.
734	Section 14. This act shall take effect upon becoming a
735	law.