Senate Bill sb2462
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Florida Senate - 2003 SB 2462
By Senator Garcia
40-1608B-03 See HB 1471
1 A bill to be entitled
2 An act relating to the Department of
3 Agriculture and Consumer Services; amending s.
4 527.01, F.S.; revising the definition of
5 "qualifier" for purposes of ch. 527, F.S.,
6 relating to sale of liquefied petroleum gas;
7 revising the definition of "category II
8 liquefied petroleum gas dispenser"; defining
9 "category V liquefied petroleum gases dealer
10 for industrial uses only"; amending s. 527.02,
11 F.S.; providing for licensure of category V
12 liquefied petroleum gases dealers for
13 industrial uses only; providing license fees
14 for such dealers; providing application fees
15 and renewal fees for retesting and
16 requalification of cargo tanks; creating s.
17 527.0201, F.S.; reorganizing existing
18 subsections of Florida Statutes; providing for
19 examination of such dealers; revising persons
20 who may make application for examination for
21 competency; providing that no person may act as
22 a qualifier for more than one licensed
23 location; providing an additional prerequisite
24 for certification as a master qualifier;
25 clarifying provisions with respect to procedure
26 in the event of specified vacancies in
27 qualifier and master qualifier positions;
28 clarifying provisions with respect to
29 suspension of a license in the event that a
30 business organization no longer possesses a
31 duly designated qualifier; providing procedure
1
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 with respect to category I liquefied petroleum
2 gas dealers or LP gas installers who no longer
3 possess a master qualifier but employ a
4 category I liquefied petroleum gas dealer or LP
5 gas installer qualifier; providing that the
6 department may deny, refuse to renew, suspend,
7 or revoke a qualifier card or master qualifier
8 certificate for specified causes; amending s.
9 527.06, F.S.; conforming a cross-reference;
10 amending s. 527.065, F.S.; revising conditions
11 under which liquefied petroleum gas licensees
12 must notify the department of liquefied
13 petroleum gas-related accidents involving a
14 customer account; amending s. 527.11, F.S.;
15 revising a prerequisite to obtaining a
16 liquefied petroleum gas license; amending s.
17 527.13, F.S.; authorizing the department to
18 impose administrative penalties and suspend or
19 revoke a qualification for violation of the
20 provisions of ch. 527, F.S., rules adopted
21 pursuant thereto, or a cease and desist order;
22 increasing the period of time in which
23 licensees may pay penalties to the department;
24 authorizing the department to issue a warning
25 letter to licenseholders, master qualifiers,
26 qualifiers, or others in lieu of an
27 administrative or civil penalty for first
28 violations; amending s. 527.22, F.S.; revising
29 terms of membership of the Propane Gas
30 Education, Safety, and Research Council;
31 amending s. 559.904, F.S.; revising provisions
2
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 relating to applications, renewal applications,
2 registration, and registration fees with
3 respect to motor vehicle repair shops; amending
4 s. 559.929, F.S.; eliminating a condition under
5 which the department may waive security
6 requirements with respect to registration as a
7 seller of travel; amending s. 501.143, F.S.;
8 providing limitations on contracts for ballroom
9 dance studio services and the renewal of such
10 contracts; providing penalties, remedies, and
11 enforcement; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (h) is added to subsection (5) of
16 section 527.01, Florida Statutes, subsection (7) is amended,
17 and a new subsection (19) is added to that section, to read:
18 527.01 Definitions.--As used in this chapter:
19 (5) "Qualifier" means any person who has passed a
20 competency examination administered by the department and is
21 employed by a licensed business in one or more of the
22 following classifications:
23 (h) Category V liquefied petroleum gases dealer for
24 industrial uses only.
25 (7) "Category II liquefied petroleum gas dispenser"
26 means any person engaging in the business of operating a
27 liquefied petroleum gas dispensing unit for the purpose of
28 serving liquid products to the ultimate consumer for
29 industrial, commercial, or domestic use, and selling or
30 offering to sell, or leasing or offering to lease, apparatus,
31 appliances, and equipment for the use of liquefied petroleum
3
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 gas, including maintaining a cylinder storage rack at the
2 licensed business location for the purpose of storing
3 cylinders filled by the licensed business for sale or use at a
4 later date engaging in the business of operating a cylinder
5 exchange unit.
6 (19) "Category V liquefied petroleum gases dealer for
7 industrial uses only" means any person engaged in the business
8 of filling, selling, and transporting liquefied petroleum gas
9 containers for use in welding, forklifts, or other industrial
10 applications.
11 Section 2. Section 527.02, Florida Statutes, is
12 amended, and section 527.0201, Florida Statutes, is created,
13 to read:
14 527.02 License; penalty; fees.--
15 (1)(a) It is unlawful for any person to engage in this
16 state in the activities of a pipeline system operator,
17 category I liquefied petroleum gas dealer, category II
18 liquefied petroleum gas dispenser, category III liquefied
19 petroleum gas cylinder exchange operator, category IV
20 liquefied petroleum gas dispenser and recreational vehicle
21 servicer, category V liquefied petroleum gases dealer for
22 industrial uses only, LP gas installer, specialty installer,
23 dealer in liquefied petroleum gas appliances and equipment,
24 manufacturer of liquefied petroleum gas appliances and
25 equipment, requalifier of cylinders, or fabricator, repairer,
26 and tester of vehicles and cargo tanks without first obtaining
27 from the department a license to engage in one or more of
28 these businesses. The sale of liquefied petroleum gas
29 cylinders with a volume of 10 pounds water capacity or 4.2
30 pounds liquefied petroleum gas capacity or less is exempt from
31 the requirements of this chapter. It is a felony of the third
4
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 degree, punishable as provided in s. 775.082, s. 775.083, or
2 s. 775.084, to intentionally or willfully engage in any of
3 said activities without first obtaining appropriate licensure
4 from the department.
5 (2) Each business location of a person having multiple
6 locations shall be separately licensed and must meet the
7 requirements of this section. Such license shall be granted to
8 any applicant determined by the department to be competent,
9 qualified, and trustworthy who files with the department a
10 surety bond, insurance affidavit, or other proof of insurance,
11 as hereinafter specified, and pays for such license the
12 following original application fee for new licenses and annual
13 renewal fees for existing licenses:
14
15 Original Renewal
16 License Category Application Fee Fee
17
18
19 Category I liquefied
20 petroleum gas dealer.....................$525 $425
21 Category II liquefied
22 petroleum gas dispenser...................525 375
23 Category III liquefied
24 petroleum gas cylinder
25 exchange unit operator....................100 65
26 Category IV liquefied
27 petroleum gas dispenser and
28 recreational vehicle servicer.............525 400
29 Category V liquefied
30 petroleum gases dealer
31 for industrial uses only..................300 200
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 LP gas installer........................300 200
2 Specialty installer.....................300 200
3 Dealer in appliances and equipment
4 for use of liquefied petroleum gas.........50 45
5 Manufacturer of liquefied petroleum
6 gas appliances and equipment..............525 375
7 Requalifier of cylinders................525 375
8 Fabricator, repairer, and tester of
9 vehicles and cargo tanks..................525 375
10
11 (3) Any applicant for original license whose
12 application is submitted during the last 6 months of the
13 license year may have the original license fee reduced by
14 one-half for the 6-month period. This provision shall apply
15 only to those companies applying for an original license and
16 shall not be applied to licensees who held a license during
17 the previous license year and failed to renew the license. The
18 department may refuse to issue an initial license to any
19 applicant who is under investigation in any jurisdiction for
20 an action that would constitute a violation of this chapter
21 until such time as the investigation is complete.
22 (4)(b) Any person applying for a liquefied petroleum
23 gas license as a specialty installer, as defined by s.
24 527.01(11), shall upon application to the department identify
25 the specific area of work to be performed. Upon completion of
26 all license requirements set forth in this chapter, the
27 department shall issue the applicant a license specifying the
28 scope of work, as identified by the applicant and defined by
29 rule of the department, for which the person is authorized.
30 (5)(c) The license fee for a pipeline system operator
31 shall be $100 per system owned or operated by the person, not
6
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 to exceed $400 per license year. Such license fee applies only
2 to a pipeline system operator who owns or operates a liquefied
3 petroleum gas pipeline system that is used to transmit
4 liquefied petroleum gas from a common source to the ultimate
5 customer and that serves 10 or more customers.
6 (6)(d) The department shall promulgate rules
7 specifying acts deemed by the department to demonstrate a lack
8 of trustworthiness to engage in activities requiring a license
9 or qualifier identification card under this section.
10 (7)(e) Any license issued by the department may be
11 transferred to any person, firm, or corporation for the
12 remainder of the current license year upon written request to
13 the department by the original licenseholder. Prior to
14 approval of any transfer, all licensing requirements of this
15 chapter must be met by the transferee. A license transfer fee
16 of $50 shall be charged for each such transfer.
17 527.0201 Qualifiers; master qualifiers;
18 examinations.--
19 (1)(2) In addition to the requirements of s. 527.02
20 subsection (1), any person applying for a license to engage in
21 the activities of a pipeline system operator, category I
22 liquefied petroleum gas dealer, category II liquefied
23 petroleum gas dispenser, category IV liquefied petroleum gas
24 dispenser and recreational vehicle servicer, category V
25 liquefied petroleum gases dealer for industrial uses only, LP
26 gas installer, specialty installer, requalification of
27 cylinders, or fabricator, repairer, and tester of vehicles and
28 cargo tanks, must prove competency by passing a written
29 examination administered by the department or its agent with a
30 grade of 75 percent or above. Each applicant for examination
31 shall submit a $20 nonrefundable fee. The department shall by
7
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 rule specify the general areas of competency to be covered by
2 each examination and the relative weight to be assigned in
3 grading each area tested.
4 (2)(a) Application for examination for competency may
5 be made by an individual or by an owner, a partner, or any
6 person employed by in a supervisory capacity of the license
7 applicant. Upon successful completion of the competency
8 examination, the department shall issue a qualifier
9 identification card to the examinee.
10 (a) Qualifier identification cards, except those
11 issued to category I liquefied petroleum gas dealers and
12 liquefied petroleum gas installers, shall remain in effect as
13 long as the individual shows to the department proof of active
14 employment in the area of examination and all continuing
15 education requirements are met. Should the individual
16 terminate active employment in the area of examination for a
17 period exceeding 24 months, or fail to provide documentation
18 of continuing education, the individual's qualifier status
19 shall automatically expire. If the qualifier status has
20 expired, the individual must apply may reapply for and
21 successfully complete an examination by the department in
22 order to reestablish qualifier status.
23 (b) Every business organization shall employ possess
24 such a full-time qualifier at all times who has successfully
25 completed an examination in the corresponding category of the
26 license held by the business organization. No person may act
27 as a qualifier for more than one licensed location.
28 (3)(b) Qualifier cards issued to category I liquefied
29 petroleum gas dealers and liquefied petroleum gas installers
30 shall expire 3 years after the date of issuance. All category
31 I liquefied petroleum gas dealer qualifiers and liquefied
8
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 petroleum gas installer qualifiers holding a valid qualifier
2 card upon the effective date of this act shall retain their
3 qualifier status until July 1, 2003, and may sit for the
4 master qualifier examination at any time during that time
5 period. All such Alternatively, all category I liquefied
6 petroleum gas dealer qualifiers and liquefied petroleum gas
7 installer qualifiers may renew their qualification on or
8 before July 1, 2003, upon application to the department,
9 payment of a $20 renewal fee, and documentation of the
10 completion of a minimum of 12 hours approved continuing
11 education courses, as defined by department rule, during the
12 previous 3-year period. Applications for renewal must be made
13 30 calendar days prior to expiration. Persons failing to renew
14 prior to the expiration date must reapply and take a qualifier
15 competency examination in order to reestablish category I
16 liquefied petroleum gas dealer qualifier and liquefied
17 petroleum gas installer qualifier status. In the event a
18 category I liquefied petroleum gas qualifier or liquefied
19 petroleum gas installer qualifier becomes a master qualifier
20 at any time during the effective date of the qualifier card,
21 the card shall remain in effect until expiration of the master
22 qualifier certification.
23 (4)(3) A qualifier for a business organization
24 involved in installation, repair, maintenance, or service of
25 liquefied petroleum gas appliances, equipment, or systems must
26 actually function in a supervisory capacity of other company
27 employees installing, repairing, maintaining, or servicing
28 liquefied petroleum gas appliances, equipment, or systems. A
29 separate qualifier shall be required for every 10 such
30 employees. Additional qualifiers are required for those
31 business organizations employing more than 10 employees that
9
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 install, repair, maintain, or service liquefied petroleum gas
2 equipment and systems.
3 (5)(4) In addition to all other licensing
4 requirements, each category I liquefied petroleum gas dealer
5 and liquefied petroleum gas installer must, at the time of
6 application for licensure, identify to the department one
7 master qualifier who is a full-time employee at the licensed
8 location. This person shall be a manager, owner, or otherwise
9 primarily responsible for overseeing the operations of the
10 licensed location and must provide documentation to the
11 department as provided by rule. The master qualifier
12 requirement shall be in addition to the requirements of
13 subsection (1)(2).
14 (a) In order to apply for certification as a master
15 qualifier, each applicant must be a category I liquefied
16 petroleum gas dealer qualifier or liquefied petroleum gas
17 installer qualifier, must be employed by a licensed category I
18 liquefied petroleum gas dealer, liquefied petroleum gas
19 installer, or applicant for such license, must provide
20 documentation of a minimum of one year's work experience in
21 the gas industry, and must pass a master qualifier competency
22 examination. Master qualifier examinations shall be based on
23 Florida's laws, rules, and adopted codes governing liquefied
24 petroleum gas safety, general industry safety standards, and
25 administrative procedures. The examination must be
26 successfully completed by the applicant with a grade of 75
27 percent or more. Each applicant for master qualifier status
28 shall submit to the department a nonrefundable $30 examination
29 fee prior to the examination.
30 (b) Upon successful completion of the master qualifier
31 examination, the department shall issue the examinee a
10
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 certificate of master qualifier status which shall include the
2 name of the licensed company for which the master qualifier is
3 employed. A master qualifier may transfer from one
4 licenseholder to another upon becoming employed by the company
5 and providing a written request to the department.
6 (c) Master qualifier status shall expire 3 years after
7 the date of issuance of the certificate and may be renewed by
8 submission to the department of documentation of completion of
9 at least 12 hours of approved continuing education courses
10 during the 3-year period; proof of employment with a licensed
11 category I liquefied petroleum gas dealer, liquefied petroleum
12 gas installer, or applicant; and a $30 certificate renewal
13 fee. The department shall define, by rule, approved courses of
14 continuing education.
15 (d) Each category I liquefied petroleum gas dealer or
16 liquefied petroleum gas installer licensed as of August 31,
17 2000, shall identify to the department one current category I
18 liquefied petroleum gas dealer qualifier or liquefied
19 petroleum gas installer qualifier who will be the designated
20 master qualifier for the licenseholder. Such individual must
21 provide proof of employment for 3 years or more within the
22 liquefied petroleum gas industry, and shall, upon approval of
23 the department, be granted a master qualifier certificate. All
24 other requirements with regard to master qualifier certificate
25 expiration, renewal, and continuing education shall apply.
26 (6)(5) A vacancy in a qualifier or master qualifier
27 position in a business organization which results from the
28 departure of the qualifier or master qualifier shall be
29 immediately reported to the department by the departing
30 qualifier or master qualifier and the licensed company.
31
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 (a) In the event a business organization no longer
2 possesses a duly designated qualifier, as required by this
3 section, its liquefied petroleum gas licenses shall be
4 suspended by order of the department after 20 working days.
5 The license and shall remain suspended until a competent
6 qualifier has been employed, the order of suspension
7 terminated by the department, and the license reinstated
8 retained. A vacancy in the qualifier position for a period of
9 more than 20 working days shall be deemed to constitute an
10 immediate threat to the public health, safety, and welfare.
11 Failure to obtain a replacement qualifier within 60 days of
12 the vacancy shall be grounds for revocation of licensure or
13 eligibility for licensure.
14 (b) Any category I liquefied petroleum gas dealer or
15 LP gas installer who no longer possesses a master qualifier
16 but currently employs a category I liquefied petroleum gas
17 dealer or LP gas installer qualifier as required by this
18 section, shall have 60 days within which to replace the master
19 qualifier. If the company fails to replace the master
20 qualifier within the 60-day time period, the license of the
21 company shall be suspended by order of the department. The
22 license shall remain suspended until a competent master
23 qualifier has been employed, the order of suspension has been
24 terminated by the department, and the license reinstated.
25 Failure to obtain a replacement master qualifier within 90
26 days of the vacancy shall be grounds for revocation of
27 licensure or eligibility for licensure.
28 (7) The Department may deny, refuse to renew, suspend,
29 or revoke any qualifier card or master qualifier certificate
30 for any of the following causes:
31
12
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 (a) Violation of any provision of this chapter or any
2 rule or order of the department;
3 (b) Falsification of records relating to the qualifier
4 card or master qualifier certificate; or
5 (c) Failure to meet any of the renewal requirements.
6 (8)(6) Any individual having competency qualifications
7 on file with the department may request the transfer of such
8 qualifications to any existing licenseholder by making a
9 written request to the department for such transfer. Any
10 individual having a competency examination on file with the
11 department may use such examination for a new license
12 application after making application in writing to the
13 department. All examinations are confidential and exempt from
14 the provisions of s. 119.07(1).
15 (9)(7) If a duplicate license, qualifier card, or
16 master qualifier certificate is requested by the licensee, a
17 fee of $10 must be received before issuance of the duplicate
18 license or card. If a facsimile transmission of an original
19 license is requested, upon completion of the transmission a
20 fee of $10 must be received by the department before the
21 original license may be mailed to the requester.
22 (10)(8) All revenues collected herein shall be
23 deposited in the General Inspection Trust Fund for the purpose
24 of administering the provisions of this chapter.
25 Section 3. Subsection (4) of section 527.06, Florida
26 Statutes, is amended to read:
27 527.06 Rules.--
28 (4) Rules in substantial conformity with the published
29 standards in Title 49 of the Code of Federal Regulations
30 relative to liquefied petroleum gas pipelines shall be deemed
31 to be in substantial conformity with the generally accepted
13
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 standards of safety concerning the same subject matter.
2 Violation of any provision of the rules adopted pursuant to
3 this subsection may be enjoined under the provisions of s.
4 527.09. Any person who violates any provision of the rules
5 adopted pursuant to this subsection shall be subject to a
6 civil penalty not to exceed $25,000 for each such violation
7 for each day that such violation persists, except that the
8 maximum civil penalty shall not exceed $500,000, in aggregate,
9 for any related series of violations. Any such civil penalty
10 may be compromised by the department. In determining the
11 amount of such penalty or the amount agreed upon in
12 compromise, the appropriateness of such penalty to the size of
13 the business of the person charged, the gravity of the
14 violation, and the good faith of the person charged in
15 attempting to achieve compliance after notification of a
16 violation shall be considered. Each penalty shall be a lien
17 upon the real and personal property of such person and
18 enforceable by the department as statutory liens under chapter
19 85, the proceeds of which shall be deposited in the General
20 Inspection Trust Fund, as provided in s. 527.0201 527.02.
21 Section 4. Subsection (1) of section 527.065, Florida
22 Statutes, is amended to read:
23 527.065 Notification of accidents; leak calls.--
24 (1) Immediately upon discovery, all liquefied
25 petroleum gas licensees shall notify the department of any
26 liquefied petroleum gas-related gas related accident involving
27 a liquefied petroleum gas licensee company or customer account
28 which:
29 (a) Which caused a death or personal injury requiring
30 professional medical treatment;
31
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 (b) Where Resulted in the uncontrolled ignition of
2 liquefied petroleum gas resulted in death, personal injury, or
3 property damage exceeding $1,000; or
4 (c) Which caused estimated damage to property
5 exceeding $1,000.
6 Section 5. Subsection (1) of section 527.11, Florida
7 Statutes, is amended to read:
8 527.11 Minimum storage.--
9 (1) Every person who engages in the distribution of
10 liquefied petroleum gas for resale to domestic, commercial, or
11 industrial consumers as a prerequisite to obtaining a
12 liquefied petroleum gas license shall install own or lease a
13 bulk storage filling plant of not less than 18,000 gallons
14 (water capacity) within the state and shall be located within
15 a 75-mile radius of the licensed company's business location.
16 Such bulk storage filling plant must have loading and
17 unloading provisions solely for the license holder and be
18 operated and maintained in compliance with this chapter for
19 the duration of the license.
20 Section 6. Section 527.13, Florida Statutes, is
21 amended to read:
22 527.13 Administrative fine.--
23 (1) If any person violates any provision of this
24 chapter or any rule adopted pursuant thereto or a cease and
25 desist order, the department may impose a civil or
26 administrative penalties penalty not to exceed $3,000 for each
27 offense, or suspend or revoke the license or qualification
28 issued to such person, or any of the foregoing. The cost of
29 the proceedings to enforce this chapter may be added to any
30 penalty imposed. The department may allow the licensee a
31 reasonable period, not to exceed 90 30 days, within which to
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 pay to the department the amount of the penalty so imposed. If
2 the licensee fails to pay the penalty in its entirety to the
3 department at its office at Tallahassee within the period so
4 allowed, the licenses of the licensee shall stand revoked upon
5 expiration of such period.
6 (2) If any license expires while administrative
7 charges are pending against the license, the proceedings
8 against the license shall continue to conclusion as if the
9 license were still in effect.
10 (3) In lieu of an administrative or civil penalty in
11 subsection (1), the department may issue a warning letter to
12 the license holder, master qualifier, qualifier, or any person
13 for a first violation.
14 (4)(3) All such fines, monetary penalties, and costs
15 received by the department shall be deposited in the General
16 Inspection Trust Fund for the purpose of administering the
17 provisions of this chapter.
18 Section 7. Paragraph (c) of subsection (2) of section
19 527.22, Florida Statutes, is amended to read:
20 527.22 Florida Propane Gas Education, Safety, and
21 Research Council established; membership; duties and
22 responsibilities.--
23 (2)
24 (c) Council members shall be appointed to staggered
25 terms of 4 years, except that, of the initial members
26 appointed, five shall be appointed for terms of 2 years, five
27 shall be appointed for terms of 3 years, and five shall be
28 appointed for terms of 4 years. Members may serve a maximum of
29 two consecutive full terms. Former council members may be
30 reappointed to the council if they have not been members for a
31 period of 2 years. Vacancies in unexpired terms of council
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Florida Senate - 2003 SB 2462
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1 members may be filled by the council subject to approval of
2 the commissioner. Members filling unexpired terms may serve a
3 maximum of 7 consecutive years.
4 Section 8. Section 559.904, Florida Statutes, is
5 amended to read:
6 559.904 Motor vehicle repair shop registration;
7 application; exemption.--
8 (1) Each motor vehicle repair shop engaged or
9 attempting to engage in the business of motor vehicle repair
10 work must register with the department prior to doing business
11 in this state. The application for registration must be on a
12 form provided by the department and must include at least the
13 following information:
14 (a) The name of the applicant.
15 (b) The name under which the applicant is doing
16 business.
17 (c) The business address at which the applicant
18 performs repair work or in the case of a mobile motor vehicle
19 repair shop, the home address of the owner, if different from
20 the business address.
21 (d) Copies of all licenses, permits, and
22 certifications obtained by the applicant or employees of the
23 applicant.
24 (e) Number of employees which the applicant intends to
25 employ or which are currently employed.
26 (2) Any motor vehicle repair shop maintaining more
27 than one place of business may file a single application
28 biennially annually, which, along with the other information
29 required by this part, clearly indicates the location of and
30 the individual in charge of each facility or in the case of a
31 mobile motor vehicle repair shop, the home address of the
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 owner, if different from the business address. In such case,
2 fees shall be paid for each place of business.
3 (3) Each application for registration must be
4 accompanied by a registration fee calculated on a per-year
5 basis set forth as follows:
6 (a) If the place of business has 1 to 5 employees:
7 $50.
8 (b) If the place of business has 6 to 10 employees:
9 $150.
10 (c) If the place of business has 11 or more employees:
11 $300.
12 (4) Each initial and renewal application for
13 registration must be accompanied by copies of the applicant's
14 estimate and invoice forms. Each renewal application for
15 registration must be accompanied by copies of the applicant's
16 estimate and invoice forms only in the event the original
17 forms filed by the applicant are changed, altered, or revised.
18 Such forms must comply with the applicable provisions of this
19 act before a registration may be issued.
20 (5) No biennial annual registration fee is required
21 for any motor vehicle repair shop which has a local municipal
22 or county license issued pursuant to an ordinance containing
23 standards which the department determines are at least equal
24 to the requirements of this part, or for any motor vehicle
25 dealer licensed pursuant to chapter 320.
26 (6) The department shall issue to each applicant a
27 registration certificate in the form and size as prescribed by
28 the department in accordance with s. 120.60. In the case of an
29 applicant with more than one place of business, the department
30 shall issue a registration certificate for each place of
31 business. The certificate must show at least the name and
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Florida Senate - 2003 SB 2462
40-1608B-03 See HB 1471
1 address of the motor vehicle repair shop and the registration
2 number for that place of business. In the case of a mobile
3 motor vehicle repair shop, the certificate must show the home
4 address of the owner, if different from the business address.
5 (7) Any person applying for or renewing a local
6 occupational license on or after October 1, 1993, to engage in
7 business as a motor vehicle repair shop must exhibit an active
8 registration certificate or active affidavit of exemption
9 proof of filing certificate from the department before the
10 local occupational license may be issued or renewed.
11 (8) Each registration must be renewed biennially
12 annually on or before the expiration date of the current
13 registration. A late fee of $25 shall be paid, in addition to
14 the registration fee or any other penalty, for any
15 registration renewal application that is received by the
16 department after the expiration date of the current
17 registration. The department may not issue the registration
18 until all fees are paid.
19 (9) No annual registration application or fee is
20 required for an individual with no employees and no
21 established place of business. In the case of a mobile motor
22 vehicle repair shop, the established place of business shall
23 be considered the home address of the owner, if different than
24 the business address.
25 (10) The department may deny, revoke, or refuse to
26 renew the registration of a motor vehicle repair shop based
27 upon a determination that the motor vehicle repair shop, or
28 any of its directors, officers, owners, or general partners:
29 (a) Have failed to meet the requirements for
30 registration as provided in this part;
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1 (b) Have not satisfied a civil fine, administrative
2 fine, or other penalty arising out of any administrative or
3 enforcement action brought by any governmental agency based
4 upon conduct involving fraud, dishonest dealing, or any
5 violation of this part;
6 (c) Have had against them any civil, criminal, or
7 administrative adjudication in any jurisdiction, based upon
8 conduct involving fraud, dishonest dealing, or any violation
9 of this part; or
10 (d) Have had a judgment entered against them in any
11 action brought by the department or the state attorney
12 pursuant to ss. 501.201-501.213 or this part.
13 (11) The department shall post a prominent "Closed by
14 Order of the Department" sign on any motor vehicle repair shop
15 that has had its registration suspended or revoked. The
16 department shall also post a sign on any motor vehicle repair
17 shop that has been judicially or administratively determined
18 to be operating without a registration. It is a misdemeanor of
19 the second degree, punishable as provided in s. 775.082 or s.
20 775.083, for any person to deface such sign or remove such
21 sign without written authorization by the department or for
22 any motor vehicle repair shop to open for operation without a
23 registration or to open for operation as a motor vehicle
24 repair shop while its registration is suspended or revoked.
25 The department may impose administrative sanctions provided
26 for in s. 559.921(4) for violations of this subsection.
27 Section 9. Subsection (6) of section 559.929, Florida
28 Statutes, is amended to read:
29 559.929 Security requirements.--
30 (6) The department may waive the bond, letter of
31 credit, or certificate of deposit requirement on an annual
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1 basis if the seller of travel has had 5 or more consecutive
2 years of experience as a seller of travel in Florida in
3 compliance with this part, can demonstrate financial
4 responsibility in the submission of audited financial
5 statements or the prior year's federal income tax return, has
6 not had any civil, criminal, or administrative action
7 instituted against the seller of travel in the vacation and
8 travel business by any governmental agency or any action
9 involving fraud, theft, misappropriation of property, or moral
10 turpitude, and has a satisfactory consumer complaint history
11 with the department. Such waiver may be revoked if the seller
12 of travel violates any provision of this part.
13 Section 10. Paragraphs (g) and (h) are added to
14 subsection (4) of section 501.143, Florida Statutes, and
15 subsections (7), (8), and (10) of that section are reenacted
16 to read:
17 501.143 Dance Studio Act.--
18 (4) CONTRACT REQUIREMENTS.--Every contract for
19 ballroom dance studio services or lessons shall be in writing
20 and shall be subject to this section. All provisions,
21 requirements, and prohibitions which are mandated by this
22 section shall be contained in the written contract before it
23 is signed by the customer. A copy of the signed contract shall
24 be given to the customer at the time the customer signs the
25 contract.
26 (g) No contract for ballroom dance studio services or
27 lessons shall be for a period in excess of 36 months, and
28 thereafter shall only be renewable annually. Such renewal
29 contracts may not be executed and the fee therefore paid until
30 60 days or less before the preceding contract expires.
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1 (h) A ballroom dance studio may not directly or
2 indirectly make an oral or written representation that a
3 ballroom dance studio contract for future services is for a
4 lifetime term, constitutes a perpetual membership, or is
5 otherwise for an indefinite term.
6 (7) PENALTIES; REMEDIES.--The following penalties and
7 remedies are available for enforcement of the provisions of
8 this section:
9 (a) The department shall have administrative authority
10 to issue a notice of noncompliance pursuant to s. 120.695 and
11 to suspend or revoke the registration of any ballroom dance
12 studio that violates any of the provisions of this section or
13 the rules adopted or orders issued pursuant to such rules.
14 Such ballroom dance studio may not engage in business while
15 the registration is revoked or suspended.
16 (b) The department may impose an administrative fine
17 not to exceed $5,000 per violation against any ballroom dance
18 studio that violates any of the provisions of this section or
19 the rules adopted or orders issued pursuant to this section.
20 (c) Notwithstanding the provisions of subsection (5),
21 the department may require any ballroom dance studio that has
22 operated or is operating in violation of any of the provisions
23 of this section or the rules adopted or orders issued pursuant
24 to such rules to post security with the department in an
25 amount not to exceed $25,000.
26 (d) The department may proceed by injunction to
27 prevent any ballroom dance studio from doing business subject
28 to the provisions of this section until a performance bond,
29 letter of credit, or certificate of deposit is posted with the
30 department.
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1 (e) The enforcing authority may seek a civil penalty
2 not to exceed $5,000 for each violation of this section or the
3 rules adopted or orders issued pursuant to such rules and may
4 institute a civil action in circuit court to recover any
5 penalties or damages allowed in this section and for
6 injunctive relief to enforce compliance with this section or
7 any rule or order of the department.
8 (f) The remedies provided in this section are in
9 addition to any other remedies available for the same conduct.
10 (8) CRIMINAL PENALTIES.--Any person which knowingly
11 violates this section commits a misdemeanor of the first
12 degree, punishable as provided in s. 775.082 or s. 775.083.
13 However, any person which knowingly conducts business as a
14 ballroom dance studio without registering annually with the
15 department commits a misdemeanor of the second degree,
16 punishable as provided in s. 775.082 or s. 775.083.
17 (10) ENFORCEMENT BY CUSTOMER.--Any customer injured by
18 a fraudulent act or fraudulent omission in violation of this
19 section may bring an action for the recovery of damages.
20 Judgment may be entered for three times the amount at which
21 the actual damages are assessed, plus costs and reasonable
22 attorney's fees.
23 Section 11. This act shall take effect upon becoming a
24 law.
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