Senate Bill sb1520c1

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    Florida Senate - 2005                           CS for SB 1520

    By the Committee on Commerce and Consumer Services; and
    Senator Lynn




    577-1794-05

  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.;

12         prohibiting the transmission of facsimile

13         documents under certain circumstances;

14         providing for attorney's fees and for the

15         recovery of certain litigation expenses by the

16         department and the Department of Legal Affairs;

17         repealing ss. 546.001, 546.002, 546.003,

18         546.004, 546.006, and 546.008, F.S., relating

19         to the "Amusement Ride and Attraction Insurance

20         Act"; amending s. 559.801, F.S.; redefining the

21         term "business opportunity" for purposes of the

22         "Sale of Business Opportunities Act"; amending

23         s. 559.920, F.S.; redefining actions by motor

24         vehicle repair shops or employees which are

25         unlawful; amending s. 559.927, F.S.; defining

26         the term "travel club" for the purpose of part

27         XI of ch. 559, F.S., relating to sellers of

28         travel; amending s. 559.928, F.S.; revising

29         information to be submitted for registration as

30         a seller of travel and information submitted by

31         independent agents; requiring the payment of an

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

 2         provisions authorizing the owner of an

 3         amusement ride to maintain liability protection

 4         in the form of a surety bond; exempting certain

 5         governmental entities from a requirement to

 6         maintain liability protection covering

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

 8         redefining the term "operator" for purposes of

 9         the regulation of game promotions; providing

10         requirements relating to disclosure of the

11         rules and regulations of a game promotion;

12         increasing the annual filing fee; directing the

13         State Technology Office to integrate additional

14         features into the state's official Internet

15         website; directing the State Technology Office

16         to integrate information concerning the Florida

17         211 Network into the state's official Internet

18         website; amending s. 570.544, F.S.; designating

19         the Division of Consumer Services within the

20         Department of Agriculture and Consumer Services

21         as the state clearinghouse for matters relating

22         to consumer protection, consumer information,

23         and consumer services; deleting reporting

24         requirements; amending s. 496.405, F.S.;

25         increasing registration fees for charitable

26         organizations; amending s. 501.015, F.S.;

27         increasing health studios' registration fees;

28         repealing s. 559.904(5), F.S., which provides

29         an exemption from registration fees for motor

30         vehicle repair shops in specified

31         jurisdictions; providing appropriations and

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 1         authorizing additional positions; providing

 2         effective dates.

 3  

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

 5  

 6         Section 1.  Section 493.6303, Florida Statutes, is

 7  amended to read:

 8         493.6303  License requirements.--In addition to the

 9  license requirements set forth elsewhere in this chapter, each

10  individual or agency shall comply with the following

11  additional requirements:

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

13  minimum of one appropriately licensed individual to act as

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

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

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

17  training in:

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

19  provided equivalent experience or training;

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

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

22         (c)  No more than 1 year using:

23         1.  Either college coursework related to criminal

24  justice, criminology, or law enforcement administration; or

25         2.  Successfully completed law enforcement-related

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

27  municipal agency; or

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

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

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

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

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 1  493.6203(2) and as a Class "MB" manager as outlined under

 2  subsection (2).

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

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

 5  a minimum of 44 40 hours of professional training administered

 6  by at a school or training facility licensed by the

 7  department. The department shall by rule establish the general

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

 9  must include at least 8 hours of instruction in terrorism

10  awareness or other special training prescribed by the

11  department.

12         (b)  An applicant may fulfill the training requirement

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

14         1.  Successful completion of the total number of

15  required 40 hours of training before initial application for a

16  Class "D" license; or

17         2.  Successful completion of 24 hours of training

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

19  training within 180 days after the date upon the first

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

21  If documentation of completion of the required training is not

22  submitted within the specified timeframe, the individual's

23  license is automatically suspended until such time as proof of

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

25  Individuals licensed before October 1, 1994, or individuals

26  who have successfully completed 40 hours of professional

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

28  facility licensed by the department, are exempt from the

29  training requirements of paragraph (a) need not complete

30  additional training hours in order to renew their licenses.

31  

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

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

 3  upon reapplication for a license, an initial applicant and

 4  must submit proof of successful completion of the total number

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

 6  training facility licensed by the department.

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

 8  the firearms training outlined in s. 493.6115.

 9         Section 2.  Subsections (7), (8), and (9) of section

10  501.059, Florida Statutes, are amended to read:

11         501.059  Telephone solicitation.--

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

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

14  involves an automated system for the selection or dialing of

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

16  connection is completed to a number called.

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

18  telephone dialing system with live messages if the calls are

19  made or messages given solely in response to calls initiated

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

21  are directed or if the telephone numbers selected for

22  automatic dialing have been screened to exclude any telephone

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

24  "no sales solicitation calls" listing or any unlisted

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

26  services that have been previously ordered or purchased.

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

28  transmission of, a facsimile of documents through connection

29  with a telephone network if the facsimile transmission

30  involves unsolicited advertising material for the sale of any

31  real property, goods, or services.

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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         Section 3.  Sections 546.001, 546.002, 546.003,

20  546.004, 546.006, and 546.008, Florida Statutes, are repealed.

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

22  559.801, Florida Statutes, is amended to read:

23         559.801  Definitions.--For the purpose of ss.

24  559.80-559.815, the term:

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

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

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

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

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

30  and in which the seller represents:

31  

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

 2  or referred by the seller will provide locations, either

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

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

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

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

 7  devices or currency-operated amusement machines or devices on

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

 9         2.  That the seller will purchase, either

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

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

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

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

14  purchaser;

15         3.  That the seller guarantees that the purchaser will

16  derive income from the business opportunity which exceeds the

17  price paid or rent charged for the business opportunity or

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

19  rent charged for the business opportunity, or will repurchase

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

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

22  business opportunity; or

23         4.  That the seller will provide, either

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

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

26  enable the purchaser to derive income from the business

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

28  sale of a sales program or marketing program made in

29  conjunction with the licensing of a trademark or service mark

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

31  

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

 2  service mark in the sales agreement.

 3  

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

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

 6  supplying the purchaser with names of locator companies,

 7  contracting with the purchaser to provide assistance or supply

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

 9  company.

10         Section 5.  Section 559.920, Florida Statutes, is

11  amended to read:

12         559.920  Unlawful acts and practices.--It shall be a

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

14  employee thereof to:

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

16  compensation of any type without first being registered with

17  or having submitted an affidavit of exemption to the

18  department;

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

20  expressly or impliedly authorized by the customer;

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

22  motor vehicle;

23         (4)  Misrepresent that certain parts and repairs are

24  necessary to repair a vehicle;

25         (5)  Misrepresent that the vehicle being inspected or

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

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

28  damage to the vehicle;

29         (6)  Fraudulently alter any customer contract,

30  estimate, invoice, or other document;

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

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

 2  whatever any written or oral statement which is untrue,

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

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

 5  deceptive or misleading;

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

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

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

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

10  straightened parts for new replacement parts without notice to

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

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

13  the identity of the insurer or its claims adjuster is

14  disclosed to the motor vehicle repair shop;

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

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

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

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

19  any document requiring the customer's signature upon

20  completion or cancellation of the repair work;

21         (13)  Willfully depart from or disregard accepted

22  practices and professional standards;

23         (14)  Have repair work subcontracted without the

24  knowledge or consent of the customer unless the motor vehicle

25  repair shop or employee thereof demonstrates that the customer

26  could not reasonably have been notified;

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

28  location other than that stated on the registration

29  certificate;

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

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

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 1  conform to the original vehicle manufacturer's established

 2  repair procedures or specifications and allowable tolerances

 3  for the particular model and year; or

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

 5  part or that constitutes fraud or misrepresentation.

 6         Section 6.  Present subsection (11) of section 559.927,

 7  Florida Statutes, is redesignated as subsection (12), and a

 8  new subsection (11) is added to that section, to read:

 9         559.927  Definitions.--For the purposes of this part,

10  the term:

11         (11)  "Travel club" means an organization in which a

12  member has the right to receive or purchase prearranged

13  travel, tourist-related services, or tour-guide services, as

14  such prearranged travel, tourist-related services, or

15  tour-guide services are from time to time offered, for an

16  advance fee or payment, which may be subject to reservation on

17  a first-come, first-served, space-available basis, but in

18  which a member is not granted a legal or equitable interest in

19  any real property or specific right of use of any specific

20  property. A travel club properly registered under this part

21  does not constitute a timeshare interest or timeshare plan.

22         Section 7.  Subsections (1) and (3) of section 559.928,

23  Florida Statutes, are amended to read:

24         559.928  Registration.--

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

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

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

28  addresses, and telephone numbers, and social security numbers

29  of its owners or corporate officers and directors and the

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

31  domestic or foreign corporation, its state and date of

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

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

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

 4  seller of travel registered its fictitious name if the seller

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

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

 7  names through which each owner of the seller of travel

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

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

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

11  name, mailing address, business address, telephone numbers,

12  and social security number; the business location and address

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

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

15  establishment of a letter of credit or certificate of deposit

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

17  registration shall be issued by the department and must be

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

19  of business.

20         (3)  Each independent agent shall annually file an

21  affidavit with the department and pay a fee of $150 prior to

22  engaging in business in this state. This affidavit must

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

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

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

26  addresses of each seller of travel represented by the

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

28  independent agent's current contract with each seller of

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

30  the department and must be prominently displayed in the

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

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

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

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

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

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

 6  other valuable consideration directly from the purchaser for

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

 8  unissued ticket stock or travel documents in his or her

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

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

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

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

13  or the employees of the seller of travel or of such

14  affiliates.

15         Section 8.  Paragraph (b) of subsection (5) and

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

17  amended to read:

18         616.242  Safety standards for amusement rides.--

19         (5)  ANNUAL PERMIT.--

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

21  to the department a written application on a form prescribed

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

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

24  business of the owner.

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

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

27  Amusement Identification Number of the amusement ride.

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

29  amusement ride.

30         4.  An affidavit of compliance that the amusement ride

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

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 1  ride is in general conformance with the requirements of this

 2  section and all applicable rules adopted by the department.

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

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

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

 6  department. The owner shall request inspection and permitting

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

 8  application with the department. The department shall inspect

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

10  application with the department.

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

12  nondestructive testing dated and executed no earlier than 60

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

14  the application with the department. The owner shall request

15  inspection and permitting of the amusement ride within 60 days

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

17  department shall inspect and permit the amusement ride within

18  60 days after filing the application with the department.

19         6.  A request for inspection.

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

21  department, provide the department a copy of the

22  manufacturer's current recommended operating instructions in

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

24  and any written bulletins in the possession of the owner

25  concerning the safety, operation, or maintenance of the

26  amusement ride.

27         (9)  INSURANCE REQUIREMENTS.--

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

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

30  meeting the following requirements: 

31  

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

 2  $1 million per occurrence, $1 million in the aggregate, which

 3  insures the owner of the amusement ride against liability for

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

 5  ride; or

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

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

 8  amount thereof.

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

10  insurer or surety that is licensed to transact business in

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

12         (c)  The insurance requirements imposed under this

13  subsection do not apply to a governmental entity that is

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

15         Section 9.  Subsections (1) and (3) of section 849.094,

16  Florida Statutes, are amended to read:

17         849.094  Game promotion in connection with sale of

18  consumer products or services.--

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

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

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

22  or throughout the state and other states in connection with

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

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

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

26  conducted pursuant to s. 849.0931.

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

28  association on whose behalf a game promotion is conducted or

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

30  a game promotion, except any charitable nonprofit

31  organization.

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 1         (3)  The operator of a game promotion in which the

 2  total announced value of the prizes offered is greater than

 3  $5,000 shall file with the Department of Agriculture and

 4  Consumer Services a copy of the rules and regulations of the

 5  game promotion and a list of all prizes and prize categories

 6  offered at least 7 days before the commencement of the game

 7  promotion.  Such rules and regulations may not thereafter be

 8  changed, modified, or altered.  The operator of a game

 9  promotion shall conspicuously post the rules and regulations

10  of such game promotion in each and every retail outlet or

11  place where such game promotion may be played or participated

12  in by the public and shall also publish the rules and

13  regulations in all advertising copy used in connection

14  therewith. However, such advertising copy need only include

15  the material terms of the rules and regulations if the

16  advertising copy includes a website address, a toll-free

17  telephone number, or a mailing address where the full rules

18  and regulations may be viewed, heard, or obtained for the full

19  duration of the game promotion. Such disclosures must be

20  legible. Radio and television announcements may indicate that

21  the rules and regulations are available at retail outlets or

22  from the operator of the promotion. A nonrefundable filing fee

23  of $200 $100 shall accompany each filing and shall be used to

24  pay the costs incurred in administering and enforcing the

25  provisions of this section.

26         Section 10.  The State Technology Office shall provide

27  a banner on the official Internet website of the state which

28  is hyperlinked to a website of the Department of Agriculture

29  and Consumer Services which:

30         (1)  Aggregates a wide variety of consumer-protection

31  information and resources available from state agencies;

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 1         (2)  Features useful tools to help consumers identify

 2  which agencies have jurisdiction over specific subjects; and

 3         (3)  Includes alerts for consumers on known fraudulent

 4  practices.

 5         Section 11.  The State Technology Office shall provide

 6  a banner on the official Internet website of the state which

 7  is hyperlinked to a website of the Florida 211 Network which:

 8         (1)  Profiles the information and referral system known

 9  as the Florida 211 Network; and

10         (2)  Lists areas within the state where the network is

11  available and the respective telephone numbers to access

12  members of the Florida 211 network.

13         Section 12.  Subsections (3), (6), and (7) of section

14  570.544, Florida Statutes, are amended to read:

15         570.544  Division of Consumer Services; director;

16  powers; processing of complaints; records.--

17         (3)  In addition to the powers, duties, and

18  responsibilities authorized by this or any other chapter, the

19  Division of Consumer Services shall serve as the state a

20  clearinghouse for matters relating to consumer protection,

21  consumer information, and consumer services generally. It

22  shall receive complaints and grievances from consumers and

23  promptly transmit them to that agency most directly concerned

24  in order that the complaint or grievance may be expeditiously

25  handled in the best interests of the complaining consumer. If

26  no agency exists, the Division of Consumer Services shall seek

27  a settlement of the complaint using formal or informal methods

28  of mediation and conciliation and may seek any other

29  resolution of the matter in accordance with its jurisdiction.

30         (6)(a)  The office or agency to which a complaint has

31  been referred shall within 30 days acknowledge receipt of the

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 1  complaint and report on the disposition made of the complaint.

 2  In the event a complaint has not been disposed of within 30

 3  days, the receiving office or agency shall file progress

 4  reports with the Division of Consumer Services no less

 5  frequently than 30 days until final disposition.

 6         (b)  The report shall contain at least the following

 7  information:

 8         1.  A finding of whether the receiving agency has

 9  jurisdiction of the subject matter involved in the complaint.

10         2.  Whether the complaint is deemed to be frivolous,

11  sham, or without basis in fact or law.

12         3.  What action has been taken and a report on whether

13  the original complainant was satisfied with the final

14  disposition.

15         4.  Any recommendation regarding needed changes in law

16  or procedure which in the opinion of the reporting agency or

17  office will improve consumer protection in the area involved.

18         (7)(a)  If the office or agency receiving a complaint

19  fails to file a report as contemplated in this section, that

20  failure shall be construed as a denial by the receiving office

21  or agency that it has jurisdiction of the subject matter

22  contained in the complaint.

23         (b)  If an office or agency receiving a complaint

24  determines that the matter presents a prima facie case for

25  criminal prosecution or if the complaint cannot be settled at

26  the administrative level, the complaint together with all

27  supporting evidence shall be transmitted to the Department of

28  Legal Affairs or other appropriate enforcement agency with a

29  recommendation for civil or criminal action warranted by the

30  evidence.

31  

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 1         Section 13.  Subsection (4) of section 496.405, Florida

 2  Statutes, is amended to read:

 3         496.405  Registration statements by charitable

 4  organizations and sponsors.--

 5         (4)(a)  Every charitable organization, sponsor, or

 6  parent organization filing on behalf of one or more chapters,

 7  branches, or affiliates that is required to register under

 8  this section must pay a single registration fee. A parent

 9  organization filing on behalf of one or more chapters,

10  branches, or affiliates shall total all contributions received

11  by the chapters, branches, or affiliates included in the

12  registration statement to determine registration fees. Fees

13  shall be assessed as follows:

14         1.a.  Twelve Ten dollars and fifty cents, if the

15  contributions received for the last fiscal or calendar year

16  were less than $5,000; or

17         b.  Twelve Ten dollars and fifty cents, if the

18  contributions actually raised or received from the public

19  during the immediately preceding fiscal year by such

20  organization or sponsor are no more than $25,000 and the

21  fundraising activities of such organization or sponsor are

22  carried on by volunteers, members, officers, or permanent

23  employees, who are not compensated, primarily to solicit such

24  contributions, provided no part of the assets or income of

25  such organization or sponsor inures to the benefit of or is

26  paid to any officer or member of such organization or sponsor

27  or to any professional fundraising consultant, professional

28  solicitor, or commercial co-venturer;

29         2.  Ninety-three Seventy-five dollars and seventy-five

30  cents, if the contributions received for the last fiscal year

31  were $5,000 or more, but less than $100,000;

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 1         3.  One hundred fifty-six twenty-five dollars and

 2  twenty-five cents, if the contributions received for the last

 3  fiscal year were $100,000 or more, but less than $200,000;

 4         4.  Two hundred fifty dollars, if the contributions

 5  received for the last fiscal year were $200,000 or more, but

 6  less than $500,000;

 7         5.  Three hundred seventy-five dollars, if the

 8  contributions received for the last fiscal year were $500,000

 9  or more, but less than $1 million;

10         6.  Four Three hundred thirty-seven fifty dollars and

11  fifty cents, if the contributions received for the last fiscal

12  year were $1 million or more, but less than $10 million;

13         7.  Five Four hundred dollars, if the contributions

14  received for the last fiscal year were $10 million or more.

15         (b)  A charitable organization or sponsor which fails

16  to file a registration statement by the due date may be

17  assessed an additional fee for such late filing. The late

18  filing fee shall be $25 for each month or part of a month

19  after the date on which the annual renewal statement and

20  financial report were due to be filed with the department.

21         (c)  All registration fees must be paid to the

22  department and deposited into the General Inspection Trust

23  Fund.

24         Section 14.  Subsection (2) of section 501.015, Florida

25  Statutes, is amended to read:

26         501.015  Health studios; registration requirements and

27  fees.--Each health studio shall:

28         (2)  Remit an annual registration fee of $350 $300 to

29  the department at the time of registration for each of the

30  health studio's business locations.

31  

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 1         Section 15.  Subsection (5) of section 559.904, Florida

 2  Statutes, is repealed.

 3         Section 16.  Effective July 1, 2005, the sum of $1.25

 4  million and 23 full-time equivalent positions are appropriated

 5  from the General Revenue Fund and $1.25 million is

 6  appropriated from the General Inspection Trust Fund to the

 7  Department of Agriculture and Consumer Services for the

 8  purpose of providing additional resources for the department's

 9  clearinghouse for information and consumer complaints.

10         Section 17.  Effective July 1, 2005, the sum of

11  $140,000 is appropriated from the General Revenue Fund to the

12  Department of Agriculture and Consumer Services for the

13  purpose of upgrading the department's computer system used to

14  process consumer complaints. In addition, the sum of $120,000

15  and two full-time equivalent positions are appropriated from

16  the General Revenue Fund to the Department of Agriculture and

17  Consumer Services for the purpose of providing additional

18  resources for the department's complaint clearinghouse.

19         Section 18.  Except as otherwise expressly provided in

20  this act, this act shall take effect October 1, 2005.

21  

22  

23  

24  

25  

26  

27  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1520

 3                                 

 4  This committee substitute differs from the bill as filed in
    that it provides the following:
 5  
    1.   Provides that operators of game promotions must include
 6       in advertisements a website, toll-free telephone number,
         or mailing address where the full rules and regulations
 7       may be heard, viewed, or obtained;

 8  2.   Deletes the provision permitting businesses to register
         for the state's do not call registry;
 9  
    3.   Directs the State Technology Office to provide a link
10       from the state's official Internet website to the
         Department of Agriculture and Consumer Services website
11       regarding state government and consumer services and a
         link to the Florida 2-1-1 Network;
12  
    4.   Designates the Department of Agriculture and Consumer
13       Services' Division of Consumer Services as the state
         clearinghouse for matters relating to consumer
14       protection, information;

15  5.   Deletes the reporting requirement for complaints that had
         been referred to agencies from the Department of
16       Agriculture and Consumer Services;

17  6.   Raises fees for charitable organizations, health studios,
         and operators of game promotions;
18  
    7.   Deletes the exemption from registration fees for motor
19       vehicle repair shops in specified jurisdictions and
         requires a fee for independent agents of sellers of
20       travel; and

21  8.   Provides an appropriation of $2,500,000 for the purpose
         of providing additional resources for the complaint
22       clearinghouse, $140,000 for the purpose of upgrading the
         department's computer system used to process complaints,
23       and $120,000 for the purpose of providing additional
         resources for the department's complaint clearinghouse.
24  

25  

26  

27  

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30  

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