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