Senate Bill sb1520

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    Florida Senate - 2005                                  SB 1520

    By Senator Lynn





    7-321D-05

  1                      A bill to be entitled

  2         An act relating to consumer protection;

  3         amending s. 493.6303, F.S.; revising training

  4         requirements for obtaining a Class "D" license;

  5         requiring a minimum number of hours of training

  6         in terrorism awareness or other training

  7         prescribed by the Department of Agriculture and

  8         Consumer Services; providing a timeframe for

  9         submitting proof of having completed the

10         training; revising the number of training hours

11         required; amending s. 501.059, F.S.; redefining

12         the term "telephonic sales call" to provide

13         that the term applies to sales of any goods or

14         services; redefining the term "consumer goods

15         or services" to remove the term "consumer" and

16         include property used for business purposes;

17         redefining the term "consumer," to conform;

18         redefining the term "merchant" to include the

19         offering of goods and services; redefining the

20         term "doing business in this state" to include

21         calls to telephone numbers in this state;

22         requiring a telephone solicitor to identify

23         himself or herself when calling any telephone

24         number; adding a business to those who may

25         subscribe to the "no sales solicitation calls"

26         listing of the Department of Agriculture and

27         Consumer Services; prohibiting the transmission

28         of facsimile documents under certain

29         circumstances; providing for attorney's fees

30         and for the recovery of certain litigation

31         expenses by the department and the Department

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 1         of Legal Affairs; repealing ss. 546.001,

 2         546.002, 546.003, 546.004, 546.006, and

 3         546.008, F.S., relating to the "Amusement Ride

 4         and Attraction Insurance Act"; amending s.

 5         559.801, F.S.; redefining the term "business

 6         opportunity" for purposes of the "Sale of

 7         Business Opportunities Act"; amending s.

 8         559.920, F.S.; redefining actions by motor

 9         vehicle repair shops or employees which are

10         unlawful; amending s. 559.928, F.S.; revising

11         information to be submitted for registration as

12         a seller of travel and information submitted by

13         independent agents; requiring the payment of an

14         annual fee; amending s. 616.242, F.S.; deleting

15         provisions authorizing the owner of an

16         amusement ride to maintain liability protection

17         in the form of a surety bond; exempting certain

18         governmental entities from a requirement to

19         maintain liability protection covering

20         amusement rides; amending s. 849.094, F.S.;

21         redefining the term "operator" for purposes of

22         the regulation of game promotions; providing an

23         effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Section 493.6303, Florida Statutes, is

28  amended to read:

29         493.6303  License requirements.--In addition to the

30  license requirements set forth elsewhere in this chapter, each

31  

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 1  individual or agency shall comply with the following

 2  additional requirements:

 3         (1)  Each agency or branch office shall designate a

 4  minimum of one appropriately licensed individual to act as

 5  manager, directing the activities of the Class "D" employees.

 6         (2)  An applicant for a Class "MB" license shall have 2

 7  years of lawfully gained, verifiable, full-time experience, or

 8  training in:

 9         (a)  Security work or related fields of work that

10  provided equivalent experience or training;

11         (b)  Experience described in paragraph (a) for 1 year

12  and experience described in paragraph (c) for 1 year;

13         (c)  No more than 1 year using:

14         1.  Either college coursework related to criminal

15  justice, criminology, or law enforcement administration; or

16         2.  Successfully completed law enforcement-related

17  training received from any federal, state, county, or

18  municipal agency; or

19         (d)  Experience described in paragraph (a) for 1 year

20  and work in a managerial or supervisory capacity for 1 year.

21         (3)  An applicant for a Class "M" license shall qualify

22  for licensure as a Class "MA" manager as outlined under s.

23  493.6203(2) and as a Class "MB" manager as outlined under

24  subsection (2).

25         (4)(a)  Effective January 1, 2006 October 1, 1994, an

26  applicant for a Class "D" license must complete have completed

27  a minimum of 44 40 hours of professional training administered

28  by at a school or training facility licensed by the

29  department. The department shall by rule establish the general

30  content and number of hours of all the training. Such training

31  must include at least 8 hours of instruction in terrorism

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 1  awareness or other special training prescribed by the

 2  department.

 3         (b)  An applicant may fulfill the training requirement

 4  prescribed in paragraph (a) by submitting proof of:

 5         1.  Successful completion of the total number of

 6  required 40 hours of training before initial application for a

 7  Class "D" license; or

 8         2.  Successful completion of 24 hours of training

 9  before initial application for, and the remaining 16 hours of

10  training within 180 days after the date upon the first

11  application is submitted for renewal of, a Class "D" license.

12  If documentation of completion of the required training is not

13  submitted within the specified timeframe, the individual's

14  license is automatically suspended until such time as proof of

15  the required training is provided to the department. However,

16  Individuals licensed before October 1, 1994, or individuals

17  who have successfully completed 40 hours of professional

18  training before January 1, 2006, at a school or training

19  facility licensed by the department, are exempt from the

20  training requirements of paragraph (a) need not complete

21  additional training hours in order to renew their licenses.

22  

23  However, any person whose license has been revoked or whose

24  license has been expired for 1 year or longer is considered,

25  upon reapplication for a license, an initial applicant and

26  must submit proof of successful completion of the total number

27  of required 40 hours of professional training at a school or

28  training facility licensed by the department.

29         (5)  An applicant for a Class "G" license shall satisfy

30  the firearms training outlined in s. 493.6115.

31  

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 1         Section 2.  Section 501.059, Florida Statutes, is

 2  amended to read:

 3         501.059  Telephone solicitation.--

 4         (1)  As used in this section:

 5         (a)  "Telephonic sales call" means a call made by a

 6  telephone solicitor to a telephone number consumer, for the

 7  purpose of soliciting a sale of any consumer goods or

 8  services, or for the purpose of soliciting an extension of

 9  credit for any consumer goods or services, or for the purpose

10  of obtaining information that will or may be used for the

11  direct solicitation of a sale of any consumer goods or

12  services or an extension of credit for such purposes.

13         (b)  "Consumer Goods or services" means any real

14  property or any tangible or intangible personal property which

15  is normally used for personal, family, or household, or

16  business purposes, including, without limitation, any such

17  property intended to be attached to or installed in any real

18  property without regard to whether it is so attached or

19  installed, as well as cemetery lots and timeshare estates, and

20  any services related to such property.

21         (c)  "Unsolicited telephonic sales call" means a

22  telephonic sales call other than a call made:

23         1.  In response to an express request of the person

24  called;

25         2.  Primarily in connection with an existing debt or

26  contract, payment or performance of which has not been

27  completed at the time of such call;

28         3.  To any person with whom the telephone solicitor has

29  a prior or existing business relationship; or

30         4.  By a newspaper publisher or his or her agent or

31  employee in connection with his or her business.

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 1         (d)  "Commission" means the Florida Public Service

 2  Commission.

 3         (e)  "Telephone solicitor" means any natural person,

 4  firm, organization, partnership, association, or corporation,

 5  or a subsidiary or affiliate thereof, doing business in this

 6  state, who makes or causes to be made a telephonic sales call,

 7  including, but not limited to, calls made by use of automated

 8  dialing or recorded message devices.

 9         (f)  "Consumer" means an actual or prospective

10  purchaser, lessee, or recipient of consumer goods or services.

11         (g)  "Merchant" means a person who, directly or

12  indirectly, offers or makes available to purchasers consumers

13  any consumer goods or services.

14         (h)  "Doing business in this state" refers to

15  businesses who conduct telephonic sales calls from a location

16  in Florida or from other states or nations to telephone

17  numbers consumers located in Florida.

18         (i)  "Department" means the Department of Agriculture

19  and Consumer Services.

20         (2)  Any telephone solicitor who makes an unsolicited

21  telephonic sales call to any a residential, mobile, or

22  telephonic paging device telephone number shall identify

23  himself or herself by his or her true first and last names and

24  the business on whose behalf he or she is soliciting

25  immediately upon making contact by telephone with the person

26  who is the object of the telephone solicitation.

27         (3)(a)  Any residential, business, mobile, or

28  telephonic paging device telephone subscriber desiring to be

29  placed on a "no sales solicitation calls" listing indicating

30  that the subscriber does not wish to receive unsolicited

31  telephonic sales calls may notify the department and be placed

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 1  on that listing upon receipt by the department of a $10

 2  initial listing charge.  This listing shall be renewed by the

 3  department annually for each consumer upon receipt of a

 4  renewal notice and a $5 assessment.

 5         (b)  The department shall update its "no sales

 6  solicitation calls" listing upon receipt of initial consumer

 7  subscriptions or renewals and provide this listing for a fee

 8  to telephone solicitors upon request.

 9         (c)  All fees imposed under pursuant to this section

10  shall be deposited in the General Inspection Trust Fund for

11  the administration of this section.

12         (4)  A No telephone solicitor may not shall make or

13  cause to be made any unsolicited telephonic sales call to any

14  residential, mobile, or telephonic paging device or telephone

15  number if the number for that telephone appears in the

16  then-current quarterly listing published by the department.

17  Any telephone solicitor or person who offers for sale any

18  consumer information that which includes residential, mobile,

19  or telephonic paging device or telephone numbers, except

20  directory assistance and telephone directories sold by

21  telephone companies and organizations exempt under s.

22  501(c)(3) or (6) of the Internal Revenue Code, must shall

23  screen and exclude those numbers that which appear on the

24  division's then-current "no sales solicitation calls" list.

25  This subsection does not apply to any person licensed under

26  pursuant to chapter 475 who calls an actual or prospective

27  seller or lessor of real property when the such call is made

28  in response to a yard sign or other form of advertisement

29  placed by the seller or lessor.

30  

31  

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 1         (5)(a)  A contract made through pursuant to a

 2  telephonic sales call is not valid or and enforceable against

 3  a consumer unless the made in compliance with this subsection.

 4         (b)  A contract made pursuant to a telephonic sales

 5  call:

 6         (a)1.  Is Shall be reduced to writing and signed by the

 7  consumer.

 8         (b)2.  Complies Shall comply with all other applicable

 9  laws and rules.

10         (c)3.  Matches Shall match the description of goods or

11  services as principally used in the telephone solicitations.

12         (d)4.  Contains Shall contain the name, address, and

13  telephone number of the seller, the total price of the

14  contract, and a detailed description of the goods or services

15  being sold.

16         (e)5.  Contains Shall contain, in bold, conspicuous

17  type, immediately preceding the signature, the following

18  statement:

19         "You are not obligated to pay any money unless you sign

20  this contract and return it to the seller."

21         (f)6.  Does May not exclude from its terms any oral or

22  written representations made by the telephone solicitor to the

23  person contacted consumer in connection with the transaction.

24         (c)  The provisions of

25  

26  This subsection does do not apply to contractual sales

27  regulated under other sections of the Florida Statutes, or to

28  the sale of financial services, security sales, or sales

29  transacted by companies or their wholly owned subsidiaries or

30  agents, which companies are regulated by chapter 364, or to

31  the sale of cable television services to the duly franchised

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 1  cable television operator's existing subscribers within that

 2  cable television operator's franchise area, or to any sales

 3  where no prior payment is made to the merchant and an invoice

 4  accompanies the goods or services allowing the consumer 7 days

 5  to cancel or return without obligation for any payment.

 6         (6)(a)  A merchant who engages a telephone solicitor to

 7  make or cause to be made a telephonic sales call may shall not

 8  make or submit any charge to the consumer's credit card

 9  account or make or cause to be made any electronic transfer of

10  funds until after the merchant receives from the consumer a

11  copy of the contract, signed by the purchaser, which complies

12  with this section.

13         (b)  A merchant who conducts a credit card account

14  transaction under pursuant to this section is shall be subject

15  to the provisions of s. 817.62.

16         (c)  The provisions of This subsection does do not

17  apply to a transaction:

18         1.  Made in accordance with prior negotiations in the

19  course of a visit by the purchaser consumer to a merchant

20  operating a retail business establishment which has a fixed

21  permanent location and where consumer goods are displayed or

22  offered for sale on a continuing basis;

23         2.  In which the purchaser consumer may obtain a full

24  refund for the return of undamaged and unused goods or a

25  cancellation of services notice to the seller within 7 days

26  after receipt by the consumer, and the seller will process the

27  refund within 30 days after receipt of the returned

28  merchandise by the consumer;

29         3.  In which the purchaser consumer purchases goods or

30  services as part of pursuant to an examination of a

31  

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 1  television, radio, or print advertisement or a sample,

 2  brochure, or catalog of the merchant that contains:

 3         a.  The name, address, and telephone number of the

 4  merchant;

 5         b.  A description of the goods or services being sold;

 6  and

 7         c.  Any limitations or restrictions that apply to the

 8  offer; or

 9         4.  In which the merchant is a bona fide charitable

10  organization or a newspaper as defined in chapter 50.

11         (7)(a)  A No person may not shall make or knowingly

12  allow a telephonic sales call to be made if the such call

13  involves an automated system for the selection or dialing of

14  telephone numbers or the playing of a recorded message when a

15  connection is completed to a number called.

16         (b)  Nothing herein prohibits the use of an automated

17  telephone dialing system with live messages if the calls are

18  made or messages given solely in response to calls initiated

19  by the persons to whom the automatic calls or live messages

20  are directed or if the telephone numbers selected for

21  automatic dialing have been screened to exclude any telephone

22  subscriber who is included on the department's then-current

23  "no sales solicitation calls" listing or any unlisted

24  telephone number, or if the calls made concern goods or

25  services that have been previously ordered or purchased.

26         (c)  A person may not transmit, or knowingly allow the

27  transmission of, a facsimile of documents through connection

28  with a telephone network if the facsimile transmission

29  involves unsolicited advertising material for the sale of any

30  real property, goods, or services.

31  

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 1         (8)  The department shall investigate any complaints

 2  received concerning violations of this section.  If, after

 3  investigating any complaint, the department finds that there

 4  has been a violation of this section, the department or the

 5  Department of Legal Affairs may bring an action to impose a

 6  civil penalty and to seek other relief, including injunctive

 7  relief, as the court deems appropriate against the telephone

 8  solicitor.  The civil penalty shall not exceed $10,000 per

 9  violation and shall be deposited in the General Inspection

10  Trust Fund if the action or proceeding was brought by the

11  department, or the Legal Affairs Revolving Trust Fund if the

12  action or proceeding was brought by the Department of Legal

13  Affairs. This civil penalty may be recovered in any action

14  brought under this part by the department, or the department

15  may terminate any investigation or action upon agreement by

16  the person to pay an agreed-upon a stipulated civil penalty.

17  The department or the court may waive any civil penalty if the

18  person has previously made full restitution or reimbursement

19  or has paid actual damages to the consumers who have been

20  injured by the violation.

21         (9)(a)  In any civil litigation resulting from a

22  transaction involving a violation of this section, the

23  prevailing party, after judgment in the trial court and

24  exhaustion of all appeals, if any, shall receive his or her

25  reasonable attorney's fees and costs from the nonprevailing

26  party.

27         (b)  The attorney for the prevailing party shall submit

28  a sworn affidavit of his or her time spent on the case and his

29  or her costs incurred for all the motions, hearings, and

30  appeals to the trial judge who presided over the civil case.

31  

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 1         (c)  The trial judge shall award the prevailing party

 2  the sum of reasonable costs incurred in the action plus a

 3  reasonable legal fee for the hours actually spent on the case

 4  as sworn to in an affidavit.

 5         (d)  Any award of attorney's fees or costs shall become

 6  a part of the judgment and subject to execution as the law

 7  allows.

 8         (e)  In any civil litigation initiated by the

 9  department or the Department of Legal Affairs, the court shall

10  may award to the prevailing party reasonable attorney's fees

11  and costs if the court finds that there was a complete absence

12  of a justiciable issue of either law or fact raised by the

13  losing party or if the court finds bad faith on the part of

14  the losing party. Travel and per diem expenses incurred by the

15  department or the Department of Legal Affairs for its

16  attorneys and witnesses shall be recoverable costs by the

17  department or the Department of Legal Affairs if either party

18  prevails in civil litigation.

19         (10)  The commission shall by rule ensure that

20  telecommunications companies inform their customers of the

21  provisions of this section.  The notification may be made by:

22         (a)  Annual inserts in the billing statements mailed to

23  customers; and

24         (b)  Conspicuous publication of the notice in the

25  consumer information pages of the local telephone directories.

26         Section 3.  Sections 546.001, 546.002, 546.003,

27  546.004, 546.006, and 546.008, Florida Statutes, are repealed.

28         Section 4.  Paragraph (a) of subsection (1) of section

29  559.801, Florida Statutes, is amended to read:

30         559.801  Definitions.--For the purpose of ss.

31  559.80-559.815, the term:

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 1         (1)(a)  "Business opportunity" means the sale or lease

 2  of any products, equipment, supplies, or services which are

 3  sold or leased to a purchaser to enable the purchaser to start

 4  a business for which the purchaser is required to pay an

 5  initial fee or sum of money which exceeds $500 to the seller,

 6  and in which the seller represents:

 7         1.  That the seller or person or entity affiliated with

 8  or referred by the seller will provide locations, either

 9  contemporaneously at the time of the sale or lease or at a

10  future time, or assist the purchaser in finding locations for

11  the use or operation of vending machines, racks, display

12  cases, currency or card operated equipment, or other similar

13  devices or currency-operated amusement machines or devices on

14  premises neither owned nor leased by the purchaser or seller;

15         2.  That the seller will purchase, either

16  contemporaneously at the time of the sale or lease or at a

17  future time, any or all products made, produced, fabricated,

18  grown, bred, or modified by the purchaser using in whole or in

19  part the supplies, services, or chattels sold to the

20  purchaser;

21         3.  That the seller guarantees that the purchaser will

22  derive income from the business opportunity which exceeds the

23  price paid or rent charged for the business opportunity or

24  that the seller will refund all or part of the price paid or

25  rent charged for the business opportunity, or will repurchase

26  any of the products, equipment, supplies, or chattels supplied

27  by the seller, if the purchaser is unsatisfied with the

28  business opportunity; or

29         4.  That the seller will provide, either

30  contemporaneously at the time of the sale or lease or at a

31  future time, a sales program or marketing program that will

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 1  enable the purchaser to derive income from the business

 2  opportunity, except that this paragraph does not apply to the

 3  sale of a sales program or marketing program made in

 4  conjunction with the licensing of a trademark or service mark

 5  that is registered under the laws of any state or of the

 6  United States if the seller requires use of the trademark or

 7  service mark in the sales agreement.

 8  

 9  For the purpose of subparagraph 1., the term "assist the

10  purchaser in finding locations" means, but is not limited to,

11  supplying the purchaser with names of locator companies,

12  contracting with the purchaser to provide assistance or supply

13  names, or collecting a fee on behalf of or for a locator

14  company.

15         Section 5.  Section 559.920, Florida Statutes, is

16  amended to read:

17         559.920  Unlawful acts and practices.--It shall be a

18  violation of this act for any motor vehicle repair shop or

19  employee thereof to:

20         (1)  Engage or attempt to engage in repair work for

21  compensation of any type without first being registered with

22  or having submitted an affidavit of exemption to the

23  department;

24         (2)  Make or charge for repairs which have not been

25  expressly or impliedly authorized by the customer;

26         (3)  Misrepresent that repairs have been made to a

27  motor vehicle;

28         (4)  Misrepresent that certain parts and repairs are

29  necessary to repair a vehicle;

30         (5)  Misrepresent that the vehicle being inspected or

31  diagnosed is in a dangerous condition or that the customer's

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 1  continued use of the vehicle may be harmful or cause great

 2  damage to the vehicle;

 3         (6)  Fraudulently alter any customer contract,

 4  estimate, invoice, or other document;

 5         (7)  Fraudulently misuse any customer's credit card;

 6         (8)  Make or authorize in any manner or by any means

 7  whatever any written or oral statement which is untrue,

 8  deceptive or misleading, and which is known, or which by the

 9  exercise of reasonable care should be known, to be untrue,

10  deceptive or misleading;

11         (9)  Make false promises of a character likely to

12  influence, persuade, or induce a customer to authorize the

13  repair, service, or maintenance of a motor vehicle;

14         (10)  Substitute used, rebuilt, salvaged, or

15  straightened parts for new replacement parts without notice to

16  the motor vehicle owner and to her or his insurer if the cost

17  of repair is to be paid pursuant to an insurance policy and

18  the identity of the insurer or its claims adjuster is

19  disclosed to the motor vehicle repair shop;

20         (11)  Cause or allow a customer to sign any work order

21  that does not state the repairs requested by the customer or

22  the automobile's odometer reading at the time of repair;

23         (12)  Fail or refuse to give to a customer a copy of

24  any document requiring the customer's signature upon

25  completion or cancellation of the repair work;

26         (13)  Willfully depart from or disregard accepted

27  practices and professional standards;

28         (14)  Have repair work subcontracted without the

29  knowledge or consent of the customer unless the motor vehicle

30  repair shop or employee thereof demonstrates that the customer

31  could not reasonably have been notified;

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 1         (15)  Conduct the business of motor vehicle repair in a

 2  location other than that stated on the registration

 3  certificate;

 4         (16)  Rebuild or restore a rebuilt vehicle without the

 5  knowledge of the owner in such a manner that it does not

 6  conform to the original vehicle manufacturer's established

 7  repair procedures or specifications and allowable tolerances

 8  for the particular model and year; or

 9         (17)  Perform any other act that is a violation of this

10  part or that constitutes fraud or misrepresentation.

11         Section 6.  Subsections (1) and (3) of section 559.928,

12  Florida Statutes, are amended to read:

13         559.928  Registration.--

14         (1)  Each seller of travel shall annually register with

15  the department, providing: its legal business or trade name,

16  mailing address, and business locations; the full names,

17  addresses, and telephone numbers, and social security numbers

18  of its owners or corporate officers and directors and the

19  Florida agent of the corporation; a statement whether it is a

20  domestic or foreign corporation, its state and date of

21  incorporation, its charter number, and, if a foreign

22  corporation, the date it registered with the State of Florida,

23  and occupational license where applicable; the date on which a

24  seller of travel registered its fictitious name if the seller

25  of travel is operating under a fictitious or trade name; the

26  name of all other corporations, business entities, and trade

27  names through which each owner of the seller of travel

28  operated, was known, or did business as a seller of travel

29  within the preceding 5 years; a list of all authorized

30  independent agents, including the agent's trade name, full

31  name, mailing address, business address, telephone numbers,

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 1  and social security number; the business location and address

 2  of each branch office and full name and address of the manager

 3  or supervisor; and proof of purchase of adequate bond or

 4  establishment of a letter of credit or certificate of deposit

 5  as required in this part.  A certificate evidencing proof of

 6  registration shall be issued by the department and must be

 7  prominently displayed in the seller of travel's primary place

 8  of business.

 9         (3)  Each independent agent shall annually file an

10  affidavit with the department and pay a fee of $100 prior to

11  engaging in business in this state. This affidavit must

12  include the independent agent's full name, legal business or

13  trade name, mailing address, business address, and telephone

14  number, social security number, and the name or names and

15  addresses of each seller of travel represented by the

16  independent agent and must be accompanied by a copy of the

17  independent agent's current contract with each seller of

18  travel. A letter evidencing proof of filing must be issued by

19  the department and must be prominently displayed in the

20  independent agent's primary place of business.  As used in

21  this subsection, the term "independent agent" means a person

22  who represents a seller of travel by soliciting persons on its

23  behalf; who has a written contract with a seller of travel

24  which is operating in compliance with this part and any rules

25  adopted thereunder; who does not receive a fee, commission, or

26  other valuable consideration directly from the purchaser for

27  the seller of travel; who does not at any time have any

28  unissued ticket stock or travel documents in his or her

29  possession; and who does not have the ability to issue

30  tickets, vacation certificates, or any other travel document.

31  The term "independent agent" does not include an affiliate of

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 1  the seller of travel, as that term is used in s. 559.935(3),

 2  or the employees of the seller of travel or of such

 3  affiliates.

 4         Section 7.  Paragraph (b) of subsection (5) and

 5  subsection (9) of section 616.242, Florida Statutes, are

 6  amended to read:

 7         616.242  Safety standards for amusement rides.--

 8         (5)  ANNUAL PERMIT.--

 9         (b)  To apply for an annual permit an owner must submit

10  to the department a written application on a form prescribed

11  by rule of the department, which must include the following:

12         1.  The legal name, address, and primary place of

13  business of the owner.

14         2.  A description, manufacturer's name, serial number,

15  model number and, if previously assigned, the United States

16  Amusement Identification Number of the amusement ride.

17         3.  A valid certificate of insurance or bond for each

18  amusement ride.

19         4.  An affidavit of compliance that the amusement ride

20  was inspected in person by the affiant and that the amusement

21  ride is in general conformance with the requirements of this

22  section and all applicable rules adopted by the department.

23  The affidavit must be executed by a professional engineer or a

24  qualified inspector no earlier than 60 days before, but not

25  later than, the date of the filing of the application with the

26  department. The owner shall request inspection and permitting

27  of the amusement ride within 60 days of the date of filing the

28  application with the department. The department shall inspect

29  and permit the amusement ride within 60 days after filing the

30  application with the department.

31  

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 1         5.  If required by subsection (6), an affidavit of

 2  nondestructive testing dated and executed no earlier than 60

 3  days prior to, but not later than, the date of the filing of

 4  the application with the department. The owner shall request

 5  inspection and permitting of the amusement ride within 60 days

 6  of the date of filing the application with the department. The

 7  department shall inspect and permit the amusement ride within

 8  60 days after filing the application with the department.

 9         6.  A request for inspection.

10         7.  Upon request, the owner shall, at no cost to the

11  department, provide the department a copy of the

12  manufacturer's current recommended operating instructions in

13  the possession of the owner, the owner's operating fact sheet,

14  and any written bulletins in the possession of the owner

15  concerning the safety, operation, or maintenance of the

16  amusement ride.

17         (9)  INSURANCE REQUIREMENTS.--

18         (a)  An owner may not operate an amusement ride unless

19  the owner has in effect at all times of operation insurance

20  meeting the following requirements: 

21         1.  an insurance policy in an amount of not less than

22  $1 million per occurrence, $1 million in the aggregate, which

23  insures the owner of the amusement ride against liability for

24  injury to persons arising out of the use of the amusement

25  ride; or

26         2.  A bond in a like amount; however, the aggregate

27  liability of the surety under the bond may not exceed the face

28  amount thereof.

29         (b)  The policy or bond must be procured from an

30  insurer or surety that is licensed to transact business in

31  this state or that is approved as a surplus lines insurer.

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 1         (c)  The insurance requirements imposed under this

 2  subsection do not apply to a governmental entity that is

 3  covered by the provisions of s. 768.28(16).

 4         Section 8.  Subsection (1) of section 849.094, Florida

 5  Statutes, is amended to read:

 6         849.094  Game promotion in connection with sale of

 7  consumer products or services.--

 8         (1)  As used in this section, the term:

 9         (a)  "Game promotion" means, but is not limited to, a

10  contest, game of chance, or gift enterprise, conducted within

11  or throughout the state and other states in connection with

12  the sale of consumer products or services, and in which the

13  elements of chance and prize are present. However, "game

14  promotion" shall not be construed to apply to bingo games

15  conducted pursuant to s. 849.0931.

16         (b)  "Operator" means any person, firm, corporation, or

17  association on whose behalf a game promotion is conducted or

18  agent or employee thereof who promotes, operates, or conducts

19  a game promotion, except any charitable nonprofit

20  organization.

21         Section 9.  This act shall take effect October 1, 2005.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires an applicant for a Class "D" security license to
      complete 8 additional hours of training in terrorism
 4    awareness or other special training prescribed by the
      Department of Agriculture and Consumer Services. Requires
 5    licensees to complete the training and submit proof of
      completion to the department. Revises various provisions
 6    governing telephone sales calls. Authorizes a business to
      subscribe to the "no sales solicitation calls" listing of
 7    the Department of Agriculture and Consumer Services.
      Prohibits the unsolicited transmission of advertising
 8    materials through facsimile. Repeals ch. 546, F.S., the
      "Amusement Ride and Attraction Insurance Act." Deletes
 9    authorization for an owner of an amusement ride to
      maintain liability protection by means of a surety bond.
10    Imposes an annual fee of $100 on independent travel
      agents. (See bill for details.)
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