HB 0571 2004
1	A bill to be entitled
2	An act relating to consumer services; amending s. 525.09,
3	F.S.; revising reporting requirements related to
4	remittance of petroleum fuel inspection taxes; amending s.
5	559.801, F.S.; redefining the term "business opportunity"
6	for the purposes of regulating the sale or lease of
7	business opportunities; amending s. 559.920, F.S.;
8	redefining actions by motor vehicle repair shops or
9	employees which are unlawful; amending s. 559.928, F.S.;
10	revising information to be submitted for registration as a
11	seller of travel and information submitted by independent
12	agents; amending s. 616.242, F.S.; revising conditions
13	under which an amusement ride must be inspected by the
14	Department of Agriculture and Consumer Services; revising
15	schedules for such inspections; amending s. 849.094, F.S.;
16	redefining the term "operator" for purposes of the
17	regulation of game promotions; increasing certain filing
18	fees for operators of game promotions; revising notice
19	requirements for game promotions; providing an effective
20	date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. Section 525.09, Florida Statutes, is amended to
25	read:
26	525.09 Inspection fee.--
27	(1) For the purpose of defraying the expenses incident to
28	inspecting, testing, and analyzing petroleum fuels in this
29	state, there shall be paid to the department a charge of one-
30	eighth cent per gallon on all gasoline, kerosene (except when
31	used as aviation turbine fuel), and #1 fuel oil for sale or use
32	in this state. This inspection fee shall be imposed in the same
33	manner as the motor fuel tax pursuant to s. 206.41. Payment
34	shall be made on or before the 25th day of each month.
35	(2) If any company fails to make the payment herein
36	provided on or before the 25th day of each month, the department
37	may add 10 percent to the amount of such taxes already due as a
38	penalty for failure of the company to make the report and
39	payment by the 25th day of each month. The department shall
40	proceed to collect the tax, together with all costs incident to
41	collection by the same methods as other delinquent taxes are
42	collected by law.
43	(3) All remittances to the department for the inspection
44	tax herein provided shall be accompanied by a detailed report
45	under oath showing the number of gallons of gasoline, kerosene,
46	or fuel oil sold and delivered in each county.
47	(4) No inspection fee shall be charged on petroleum fuels
48	unloaded in any of the Florida ports for shipment into other
49	states.
50	Section 2. Subsection (1) of section 559.801, Florida
51	Statutes, is amended to read:
52	559.801 Definitions.--For the purpose of ss. 559.80-
53	559.815, the term:
54	(1)(a) "Business opportunity" means the sale or lease of
55	any products, equipment, supplies, or services which are sold or
56	leased to a purchaser to enable the purchaser to start a
57	business for which the purchaser is required to pay an initial
58	fee or sum of money which exceeds $500 to the seller, and in
59	which the seller represents:
60	1. That the seller or person or entity affiliated with or
61	referred by the seller will provide locations, either
62	contemporaneously at the time of the sale or lease or at a
63	future time,or assist the purchaser in finding locations for
64	the use or operation of vending machines, racks, display cases,
65	currency or card operated equipment, or other similar devices or
66	currency-operated amusement machines or devices on premises
67	neither owned nor leased by the purchaser or seller;
68	2. That the seller will purchase, either contemporaneously
69	at the time of the sale or lease or at a future time,any or all
70	products made, produced, fabricated, grown, bred, or modified by
71	the purchaser using in whole or in part the supplies, services,
72	or chattels sold to the purchaser;
73	3. That the seller guarantees that the purchaser will
74	derive income from the business opportunity which exceeds the
75	price paid or rent charged for the business opportunity or that
76	the seller will refund all or part of the price paid or rent
77	charged for the business opportunity, or will repurchase any of
78	the products, equipment, supplies, or chattels supplied by the
79	seller, if the purchaser is unsatisfied with the business
80	opportunity; or
81	4. That the seller will provide, either contemporaneously
82	at the time of the sale or lease or at a future time,a sales
83	program or marketing program that will enable the purchaser to
84	derive income from the business opportunity, except that this
85	paragraph does not apply to the sale of a sales program or
86	marketing program made in conjunction with the licensing of a
87	trademark or service mark that is registered under the laws of
88	any state or of the United States if the seller requires use of
89	the trademark or service mark in the sales agreement.
90
91	For the purpose of subparagraph 1., the term "assist the
92	purchaser in finding locations" means, but is not limited to,
93	supplying the purchaser with names of locator companies,
94	contracting with the purchaser to provide assistance or supply
95	names, or collecting a fee on behalf of or for a locator
96	company.
97	(b) "Business opportunity" does not include:
98	1. The sale of ongoing businesses when the owner of those
99	businesses sells and intends to sell only those business
100	opportunities so long as those business opportunities to be sold
101	are no more than five in number;
102	2. The not-for-profit sale of sales demonstration
103	equipment, materials, or samples for a price that does not
104	exceed $500 or any sales training course offered by the seller
105	the cost of which does not exceed $500; or
106	3. The sale or lease of laundry and drycleaning equipment.
107	Section 3. Section 559.920, Florida Statutes, is amended
108	to read:
109	559.920 Unlawful acts and practices.--It shall be a
110	violation of this act for any motor vehicle repair shop or
111	employee thereof to:
112	(1) Engage or attempt to engage in repair work for
113	compensation of any type without first being registered with or
114	having submitted an affidavit of exemption tothe department;
115	(2) Make or charge for repairs which have not been
116	expressly or impliedly authorized by the customer;
117	(3) Misrepresent that repairs have been made to a motor
118	vehicle;
119	(4) Misrepresent that certain parts and repairs are
120	necessary to repair a vehicle;
121	(5) Misrepresent that the vehicle being inspected or
122	diagnosed is in a dangerous condition or that the customer's
123	continued use of the vehicle may be harmful or cause great
124	damage to the vehicle;
125	(6) Fraudulently alter any customer contract, estimate,
126	invoice, or other document;
127	(7) Fraudulently misuse any customer's credit card;
128	(8) Make or authorize in any manner or by any means
129	whatever any written or oral statement which is untrue,
130	deceptive or misleading, and which is known, or which by the
131	exercise of reasonable care should be known, to be untrue,
132	deceptive or misleading;
133	(9) Make false promises of a character likely to
134	influence, persuade, or induce a customer to authorize the
135	repair, service, or maintenance of a motor vehicle;
136	(10) Substitute used, rebuilt, salvaged, or straightened
137	parts for new replacement parts without notice to the motor
138	vehicle owner and to her or his insurer if the cost of repair is
139	to be paid pursuant to an insurance policy and the identity of
140	the insurer or its claims adjuster is disclosed to the motor
141	vehicle repair shop;
142	(11) Cause or allow a customer to sign any work order that
143	does not state the repairs requested by the customer or the
144	automobile's odometer reading at the time of repair;
145	(12) Fail or refuse to give to a customer a copy of any
146	document requiring the customer's signature upon completion or
147	cancellation of the repair work;
148	(13) Willfully depart from or disregard accepted practices
149	and professional standards;
150	(14) Have repair work subcontracted without the knowledge
151	or consent of the customer unless the motor vehicle repair shop
152	or employee thereof demonstrates that the customer could not
153	reasonably have been notified;
154	(15) Conduct the business of motor vehicle repair in a
155	location other than that stated on the registration certificate;
156	(16) Rebuild or restore a rebuilt vehicle without the
157	knowledge of the owner in such a manner that it does not conform
158	to the original vehicle manufacturer's established repair
159	procedures or specifications and allowable tolerances for the
160	particular model and year; or
161	(17) Perform any other act that is a violation of this
162	part or that constitutes fraud or misrepresentation.
163	Section 4. Subsections (1) and (3) of section 559.928,
164	Florida Statutes, are amended to read:
165	559.928 Registration.--
166	(1) Each seller of travel shall annually register with the
167	department, providing: its legal business or trade name, mailing
168	address, and business locations; the full names, addresses, and
169	telephone numbers, and social security numbersof its owners or
170	corporate officers and directors and the Florida agent of the
171	corporation; a statement whether it is a domestic or foreign
172	corporation, its state and date of incorporation, its charter
173	number, and, if a foreign corporation, the date it registered
174	with the State of Florida, and occupational license where
175	applicable; the date on which a seller of travel registered its
176	fictitious name if the seller of travel is operating under a
177	fictitious or trade name; the name of all other corporations,
178	business entities, and trade names through which each owner of
179	the seller of travel operated, was known, or did business as a
180	seller of travel within the preceding 5 years; a list of all
181	authorized independent agents, including the agent's trade name,
182	full name, mailing address, business address, telephone numbers,
183	and social security number; the business location and address of
184	each branch office and full name and address of the manager or
185	supervisor; and proof of purchase of adequate bond or
186	establishment of a letter of credit or certificate of deposit as
187	required in this part. A certificate evidencing proof of
188	registration shall be issued by the department and must be
189	prominently displayed in the seller of travel's primary place of
190	business.
191	(3) Each independent agent shall annually file an
192	affidavit with the department prior to engaging in business in
193	this state. This affidavit must include the independent agent's
194	full name, legal business or trade name, mailing address,
195	business address, and telephone number, social security number,
196	and the name or names and addresses of each seller of travel
197	represented by the independent agent and must be accompanied by
198	a copy of the independent agent's current contract with each
199	seller of travel. A letter evidencing proof of filing must be
200	issued by the department and must be prominently displayed in
201	the independent agent's primary place of business. As used in
202	this subsection, the term "independent agent" means a person who
203	represents a seller of travel by soliciting persons on its
204	behalf; who has a written contract with a seller of travel which
205	is operating in compliance with this part and any rules adopted
206	thereunder; who does not receive a fee, commission, or other
207	valuable consideration directly from the purchaser for the
208	seller of travel; who does not at any time have any unissued
209	ticket stock or travel documents in his or her possession; and
210	who does not have the ability to issue tickets, vacation
211	certificates, or any other travel document. The term
212	"independent agent" does not include an affiliate of the seller
213	of travel, as that term is used in s. 559.935(3), or the
214	employees of the seller of travel or of such affiliates.
215	Section 5. Subsection (7) of section 616.242, Florida
216	Statutes, is amended to read:
217	616.242 Safety standards for amusement rides.--
218	(7) DEPARTMENT INSPECTIONS.--
219	(a) In order to obtain an annual permit, an amusement ride
220	must be inspected by the department in accordance with
221	subsection (11) and receive an inspection certificate. In
222	addition, each permanent amusement ride must be inspected
223	semiannually by the department in accordance with subsection
224	(11) and receive an inspection certificate and must receive an
225	inspection certificate when it is relocated;,and each temporary
226	amusement ride must be inspected by the department in accordance
227	with subsection (11), and must receive an inspection certificate
228	each time the ride is set up or moved to a new location in this
229	state unless the temporary amusement ride is:
230	1. Used at a private event;
231	2. A simulator, the capacity of which does not exceed 16
232	persons; or
233	3. A kiddie ride used at a public event, provided that
234	there are no more than three amusement rides at the event, none
235	of the kiddie rides at the event exceeds a capacity of 12
236	persons, and the ride has an inspection certificate that was
237	issued within the preceding 6 months. The capacity of a kiddie
238	ride shall be determined by rule of the department, unless the
239	capacity of the ride has been determined and specified by the
240	manufacturer. Any owner of a kiddie ride operating under this
241	exemption is responsible for ensuring that no more than three
242	amusement rides are operated at the event.
243	(b) To obtain a department inspection for an amusement
244	ride, the owner must submit to the department on a form
245	prescribed by rule of the department a written Request for
246	Inspection. The owner must provide the following information to
247	the department:
248	1. The legal name, address, and primary place of business
249	of the owner, the requested inspection date, the date of first
250	intended use or planned opening date, and the date of arrival on
251	site.
252	2. A description, manufacturer's name, serial number,
253	model number, and the United States Amusement Identification
254	Number, if previously assigned, of the amusement ride.
255	3. For a temporary amusement ride, for each time the
256	amusement ride is set up or moved to a new location, the
257	requested inspection date of first intended useat the new
258	location and the address or a description of the new location.
259	(c) For permanent amusement rides, the request for
260	inspection must be received by the department at least 15 days
261	before the requested inspection owner's planned openingdate or
262	at least 15 days before the expiration of the prior inspection
263	certificate. If the request for inspection is received less than
264	15 days before the requested inspection owner's planned opening
265	date or less than 15 days before the expiration of the prior
266	inspection certificate, the department may nevertheless inspect
267	the amusement ride and charge a late fee, as set by rule of the
268	department.
269	(d) For temporary amusement rides, the request for
270	inspection must be received by the department for each time the
271	amusement ride is set up or moved to a new location at least 14
272	days before the requested inspection date of first intended use
273	at the new location. If the request for inspection is received
274	less than 14 days before the requested inspection date of first
275	intended useat the new location, the department may
276	nevertheless inspect the amusement ride and charge a late fee,
277	as set by rule of the department.
278	(e) Inspections will be assigned on a first come, first
279	served basis, and overflow requests will be scheduled on the
280	closest date to the date for which the inspection was requested.
281	(f) Upon failure of an amusement ride to pass any
282	department inspection, the owner may request reinspection which
283	shall be submitted in writing to the department on a form
284	prescribed by rule of the department. The department shall
285	reinspect the amusement ride as soon as practical following
286	receipt of the written request for reinspection and any
287	applicable reinspection fees set by rule of the department.
288	Inspections will be assigned on a first come, first served
289	basis, and the overflow requests will be scheduled on the
290	closest date to the date for which the inspection was requested.
291	(g) If the amusement ride passes inspection and the owner
292	pays the applicable fee set by rule of the department, the
293	department shall issue an inspection certificate on a form
294	prescribed by rule of the department.
295	(h) The inspection certificate must contain the date of
296	inspection, the site of the inspection, and the name of the
297	inspector.
298	(i) The inspection certificate is valid only for the site
299	stated on the inspection certificate. The inspection certificate
300	is valid for a period of not more than 6 months from the date of
301	issuance, and is not transferable.
302	(j) The inspection certificate must be displayed on the
303	amusement ride at a place readily visible to patrons of the
304	amusement ride.
305	(k) If the owner fails to timely cancel a Request for
306	Inspection, requests holiday or weekend inspections, or is
307	required to have a replacement USAID plate issued by the
308	department, the owner may be charged an appropriate fee to be
309	set by rule of the department.
310	Section 6. Subsections (1), (3), and (5) of section
311	849.094, Florida Statutes, are amended to read:
312	849.094 Game promotion in connection with sale of consumer
313	products or services.--
314	(1) As used in this section, the term:
315	(a) "Game promotion" means, but is not limited to, a
316	contest, game of chance, or gift enterprise, conducted within or
317	throughout the state and other states in connection with the
318	sale of consumer products or services, and in which the elements
319	of chance and prize are present. However, "game promotion" shall
320	not be construed to apply to bingo games conducted pursuant to
321	s. 849.0931.
322	(b) "Operator" means any person, firm, corporation, or
323	association on whose behalf a game promotion is conducted or
324	agent or employee thereof who promotes, operates, or conducts a
325	game promotion, except any charitable nonprofit organization.
326	(3) The operator of a game promotion in which the total
327	announced value of the prizes offered is greater than $5,000
328	shall file with the Department of Agriculture and Consumer
329	Services a copy of the rules and regulations of the game
330	promotion and a list of all prizes and prize categories offered
331	at least 7 days before the commencement of the game promotion.
332	Such rules and regulations may not thereafter be changed,
333	modified, or altered. The operator of a game promotion shall
334	conspicuously post the rules and regulations of such game
335	promotion in each and every retail outlet or place where such
336	game promotion may be played or participated in by the public
337	and shall also publish the rules and regulations in all
338	advertising copy used in connection therewith. Radio and
339	television announcements may indicate that the rules and
340	regulations are available at retail outlets or from the operator
341	of the promotion. A nonrefundable filing fee of $150 $100shall
342	accompany each filing and shall be used to pay the costs
343	incurred in administering and enforcing the provisions of this
344	section.
345	(5) Every operator of a game promotion in which the total
346	announced value of the prizes offered is greater than $5,000
347	shall provide the Department of Agriculture and Consumer
348	Services with a certified list of the names and addresses of all
349	persons, whether from this state or from another state, who have
350	won prizes which have a value of more than $100 $25, the value
351	of such prizes, and the dates when the prizes were won within 60
352	calendar days after such winners have been finally determined.
353	If there is not a winner, the operator shall provide written
354	notice to the department within 60 calendar days after such
355	determination has been made.The operator shall provide a copy
356	of the list of winners, without charge, to any person who
357	requests it. In lieu of the foregoing, the operator of a game
358	promotion may, at his or her option, publish the same
359	information about the winners in a Florida newspaper of general
360	circulation within 60 calendardays after such winners have been
361	determined and shall provide to the Department of Agriculture
362	and Consumer Services a certified copy of the publication
363	containing the information about the winners. The operator of a
364	game promotion is not required to notify a winner by mail or by
365	telephone when the winner is already in possession of a game
366	card from which the winner can determine that he or she has won
367	a designated prize. All winning entries shall be held by the
368	operator for a period of 90 calendardays after the close or
369	completion of the game.
370	Section 7. This act shall take effect October 1, 2004.