HB 0595 2004
1	A bill to be entitled
2	An act relating to consumer services; amending s.
3	493.6101, F.S.; expanding the definition of the term
4	"repossession" for purposes of the regulation of
5	repossession services; amending s. 493.6102, F.S.;
6	revising the applicability of ch. 493, F.S., governing
7	private investigative, private security, and repossession
8	services; amending s. 493.6110, F.S.; revising insurance
9	requirements for licensure under chapter 493, F.S., and
10	providing insurance requirements with respect to Class "B"
11	security agencies; amending s. 493.6118, F.S.; revising
12	the grounds for discipline of persons or entities that are
13	licensed as, or applicants for licensure as, a recovery
14	agency, recovery agent, and recovery agent intern under
15	such chapter; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Subsection (22) of section 493.6101, Florida
20	Statutes, is amended to read:
21	493.6101 Definitions.--
22	(22) "Repossession" means the recovery of a motor vehicle
23	as defined under s. 320.01(1), a ormobile home as defined in s.
24	320.01(2), a or motorboat as defined under s. 327.02, an
25	aircraft as defined in s. 330.27(1), a personal watercraft as
26	defined in s. 327.02, an all-terrain vehicle as defined in s.
27	316.2074, farm equipment as defined under s. 686.402, or
28	industrial equipment,by an individual who is authorized by the
29	legal owner, lienholder, or lessor to recover, or to collect
30	money payment in lieu of recovery of, that which has been sold
31	or leased under a security agreement that contains a
32	repossession clause. As used in this subsection, the term
33	"industrial equipment" includes, but is not limited to,
34	tractors, road rollers, cranes, fork lifts, backhoes,
35	bulldozers, and other vehicles that are propelled by power other
36	than muscular power, and used in the manufacture of goods and
37	services.A repossession is complete when a licensed recovery
38	agent is in control, custody, and possession of such repossessed
39	property motor vehicle, mobile home, or motorboat.
40	Section 2. Subsection (3) of section 493.6102, Florida
41	Statutes, is amended to read:
42	493.6102 Inapplicability of this chapter.--This chapter
43	shall not apply to:
44	(3) Any individual solely, exclusively, and regularly
45	employed as an unarmed investigator or recovery agentin
46	connection with the business of her or his employer, when there
47	exists an employer-employee relationship.
48	Section 3. Section 493.6110, Florida Statutes, is amended
49	to read:
50	493.6110 Licensee's insurance.--A Class "B" Noagency
51	license may not shallbe issued unless the applicant first files
52	with the department a certification of insurance evidencing
53	commercial general liability coverage as delineated below. The
54	coverage shall provide the department as an additional insured
55	for the purpose of receiving all notices of modification or
56	cancellation of such insurance. Coverage shall be written by an
57	insurance company which is lawfully engaged to provide insurance
58	coverage in Florida. Coverage shall provide for a combined
59	single-limit policy in the amount of at least $300,000, which
60	policy shall include comprehensive general liability coverage
61	for death, bodily injury, property damage, and personal injury
62	coverage including false arrest, detention or imprisonment,
63	malicious prosecution, libel, slander, defamation of character,
64	and violation of the right of privacy. Coverage shall insure for
65	the liability of all employees licensed by the department while
66	acting in the course of their employment.
67	(1) The licensed agency shall notify the department of any
68	claim against such insurance.
69	(2) The licensed agency shall notify the department
70	immediately upon cancellation of the insurance policy, whether
71	such cancellation was initiated by the insurance company or the
72	insured agency.
73	(3) The agency license shall be automatically suspended
74	upon the date of cancellation unless evidence of insurance is
75	provided to the department prior to the effective date of
76	cancellation.
77	Section 4. Section 493.6118, Florida Statutes, is amended
78	to read:
79	493.6118 Grounds for disciplinary action.--
80	(1) The following constitute grounds for which
81	disciplinary action specified in subsection (2) may be taken by
82	the department against any licensee, agency, or applicant
83	regulated by this chapter, or any unlicensed person engaged in
84	activities regulated under this chapter.
85	(a) Fraud or willful misrepresentation in applying for or
86	obtaining a license.
87	(b) Use of any fictitious or assumed name by an agency
88	unless the agency has department approval and qualifies under s.
89	865.09.
90	(c) Being found guilty of or entering a plea of guilty or
91	nolo contendere to, regardless of adjudication, or being
92	convicted of a crime that directly relates to the business for
93	which the license is held or sought. A plea of nolo contendere
94	shall create a rebuttable presumption of guilt to the underlying
95	criminal charges, and the department shall allow the individual
96	being disciplined or denied an application for a license to
97	present any mitigating circumstances surrounding his or her
98	plea.
99	(d) A false statement by the licensee that any individual
100	is or has been in his or her employ.
101	(e) A finding that the licensee or any employee is guilty
102	of willful betrayal of a professional secret or any unauthorized
103	release of information acquired as a result of activities
104	regulated under this chapter.
105	(f) Proof that the applicant or licensee is guilty of
106	fraud or deceit, or of negligence, incompetency, or misconduct,
107	in the practice of the activities regulated under this chapter.
108	(g) Conducting activities regulated under this chapter
109	without a license or with a revoked or suspended license.
110	(h) Failure of the licensee to maintain in full force and
111	effect the commercialgeneral liability insurance coverage
112	required by s. 493.6110.
113	(i) Impersonating, or permitting or aiding and abetting an
114	employee to impersonate, a law enforcement officer or an
115	employee of the state, the United States, or any political
116	subdivision thereof by identifying himself or herself as a
117	federal, state, county, or municipal law enforcement officer or
118	official representative, by wearing a uniform or presenting or
119	displaying a badge or credentials that would cause a reasonable
120	person to believe that he or she is a law enforcement officer or
121	that he or she has official authority, by displaying any
122	flashing or warning vehicular lights other than amber colored,
123	or by committing any act that is intended to falsely convey
124	official status.
125	(j) Commission of an act of violence or the use of force
126	on any person except in the lawful protection of one's self or
127	another from physical harm.
128	(k) Knowingly violating, advising, encouraging, or
129	assisting the violation of any statute, court order, capias,
130	warrant, injunction, or cease and desist order, in the course of
131	business regulated under this chapter.
132	(l) Soliciting business for an attorney in return for
133	compensation.
134	(m) Transferring or attempting to transfer a license
135	issued pursuant to this chapter.
136	(n) Employing or contracting with any unlicensed or
137	improperly licensed person or agency to conduct activities
138	regulated under this chapter, or performing any act that
139	assists, aids, or abets a person or business entity in engaging
140	in unlicensed activity, when the licensure status was known or
141	could have been ascertained by reasonable inquiry.
142	(o) Failure or refusal to cooperate with or refusal of
143	access to an authorized representative of the department engaged
144	in an official investigation pursuant to this chapter.
145	(p) Failure of any partner, principal corporate officer,
146	or licensee to have his or her identification card in his or her
147	possession while on duty.
148	(q) Failure of any licensee to have his or her license in
149	his or her possession while on duty, as specified in s.
150	493.6111(1).
151	(r) Failure or refusal by a sponsor to certify a biannual
152	written report on an intern or to certify completion or
153	termination of an internship to the department within 15 working
154	days.
155	(s) Failure to report to the department any person whom
156	the licensee knows to be in violation of this chapter or the
157	rules of the department.
158	(t) Violating any provision of this chapter.
159	(u) In addition to the grounds for disciplinary action
160	prescribed in paragraphs (a)-(t), Class "R" recovery agencies,
161	Class "E" recovery agents, and Class "EE" recovery agent interns
162	are prohibited from committing the following acts:
163	1. Recovering a motor vehicle, mobile home, or motorboat,
164	aircraft, personal watercraft, all-terrain vehicle, farm
165	equipment, or industrial equipmentthat has been sold under a
166	conditional sales agreement or under the terms of a chattel
167	mortgage before authorization has been received from the legal
168	owner or mortgagee.
169	2. Charging for expenses not actually incurred in
170	connection with the recovery, transportation, storage, or
171	disposal of repossessed property a motor vehicle, mobile home,
172	motorboat, or personal property obtained in a repossession.
173	3. Using any motor vehicle, mobile home, or motorboat that
174	has been repossessed property, or usingpersonal property
175	obtained in a repossession,for the personal benefit of a
176	licensee or an officer, director, partner, manager, or employee
177	of a licensee.
178	4. Selling property a motor vehicle, mobile home, or
179	motorboatrecovered under the provisions of this chapter, except
180	with written authorization from the legal owner or the mortgagee
181	thereof.
182	5. Failing to notify the police or sheriff's department of
183	the jurisdiction in which the repossessed property is recovered
184	within 2 hours after recovery.
185	6. Failing to remit moneys,collected in lieu of recovery
186	of a motor vehicle, mobile home, or motorboat, aircraft,
187	personal watercraft, all-terrain vehicle, farm equipment, or
188	industrial equipmentto the client within 10 working days.
189	7. Failing to deliver to the client a negotiable
190	instrument that is payable to the client, within 10 working days
191	after receipt of such instrument.
192	8. Falsifying, altering, or failing to maintain any
193	required inventory or records regarding disposal of personal
194	property contained in or on repossessed property a recovered
195	motor vehicle, mobile home, or motorboatpursuant to s.
196	493.6404(1).
197	9. Carrying any weapon or firearm when he or she is on
198	private property and performing duties under his or her license
199	whether or not he or she is licensed pursuant to s. 790.06.
200	10. Soliciting from the legal owner the recovery of
201	property subject to repossession after such property has been
202	seen or located on public or private property if the amount
203	charged or requested for such recovery is more than the amount
204	normally charged for such a recovery.
205	11. Wearing, presenting, or displaying a badge in the
206	course of performing a repossession regulated by this chapter
207	repossessing a motor vehicle, mobile home, or motorboat.
208	(2) When the department finds any violation of subsection
209	(1), it may do one or more of the following:
210	(a) Deny an application for the issuance or renewal of a
211	license.
212	(b) Issue a reprimand.
213	(c) Impose an administrative fine not to exceed $1,000 for
214	every count or separate offense.
215	(d) Place the licensee on probation for a period of time
216	and subject to such conditions as the department may specify.
217	(e) Suspend or revoke a license.
218	(3) The department may deny an application for licensure
219	citing lack of good moral character only if the finding by the
220	department of lack of good moral character is supported by clear
221	and convincing evidence. In such cases, the department shall
222	furnish the applicant a statement containing the findings of the
223	department, a complete record of the evidence upon which the
224	determination was based, and a notice of the rights of the
225	applicant to an administrative hearing and subsequent appeal.
226	(4) Notwithstanding the provisions of paragraph (1)(c) and
227	subsection (2):
228	(a) If the applicant or licensee has been convicted of a
229	felony, the department shall deny the application or revoke the
230	license unless and until civil rights have been restored by the
231	State of Florida or by a state acceptable to Florida and a
232	period of 10 years has expired since final release from
233	supervision.
234	(b) A Class "G" applicant who has been convicted of a
235	felony shall also have had the specific right to possess, carry,
236	or use a firearm restored by the State of Florida.
237	(c) If the applicant or licensee has been found guilty of,
238	entered a plea of guilty to, or entered a plea of nolo
239	contendere to a felony and adjudication of guilt is withheld,
240	the department shall deny the application or revoke the license
241	until a period of 3 years has expired since final release from
242	supervision.
243	(d) A plea of nolo contendere shall create a rebuttable
244	presumption of guilt to the underlying criminal charges, and the
245	department shall allow the person being disciplined or denied an
246	application for a license to present any mitigating
247	circumstances surrounding his or her plea.
248	(e) The grounds for discipline or denial cited in this
249	subsection shall be applied to any disqualifying criminal
250	history regardless of the date of commission of the underlying
251	criminal charge. Such provisions shall be applied retroactively
252	and prospectively.
253	(5) Upon revocation or suspension of a license, the
254	licensee shall forthwith return the license which was suspended
255	or revoked.
256	(6) The agency license and the approval or license of each
257	officer, partner, or owner of the agency are automatically
258	suspended upon entry of a final order imposing an administrative
259	fine against the agency, until the fine is paid, if 30 calendar
260	days have elapsed since the entry of the final order. All owners
261	and corporate or agency officers or partners are jointly and
262	severally liable for agency fines. Neither the agency license or
263	the approval or license of any officer, partner, or owner of the
264	agency may be renewed, nor may an application be approved if the
265	owner, licensee, or applicant is liable for an outstanding
266	administrative fine imposed under this chapter. An individual's
267	approval or license becomes automatically suspended if a fine
268	imposed against the individual or his or her agency is not paid
269	within 30 days after the date of the final order, and remains
270	suspended until the fine is paid. Notwithstanding the provisions
271	of this subsection, an individual's approval or license may not
272	be suspended nor may an application be denied when the licensee
273	or the applicant has an appeal from a final order pending in any
274	appellate court.
275	(7) An applicant or licensee shall be ineligible to
276	reapply for the same class of license for a period of 1 year
277	following final agency action resulting in the denial or
278	revocation of a license applied for or issued under this
279	chapter. This time restriction shall not apply to administrative
280	denials wherein the basis for denial was:
281	(a) An inadvertent error or omission on the application;
282	(b) The experience documented by the department was
283	insufficient at the time of application;
284	(c) The department was unable to complete the criminal
285	background investigation due to insufficient information from
286	the Department of Law Enforcement, the Federal Bureau of
287	Investigation, or any other applicable law enforcement agency;
288	or
289	(d) Failure to submit required fees.
290	Section 5. This act shall take effect October 1, 2004.