Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1684
                        Barcode 154832
                            CHAMBER ACTION
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11  The Committee on Commerce and Consumer Services (King)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  The State Technology Office shall provide a
19  banner on the official Internet website of the state which is
20  hyperlinked to a website of the Department of Agriculture and
21  Consumer Services which:
22         (1)  Aggregates a wide variety of consumer-protection
23  information and resources available from state agencies;
24         (2)  Features useful tools to help consumers identify
25  which agencies have jurisdiction over specific subjects; and
26         (3)  Includes alerts for consumers on known fraudulent
27  practices.
28         Section 2.  The State Technology Office shall provide a
29  banner on the official Internet website of the state which is
30  hyperlinked to a website of the Florida 211 Network which:
31         (1)  Profiles the information and referral system known
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1684 Barcode 154832 1 as the Florida 211 Network; and 2 (2) Lists areas within the state where the network is 3 available and the respective telephone numbers to access 4 members of the Florida 211 network. 5 Section 3. Subsections (3), (6), and (7) of section 6 570.544, Florida Statutes, are amended to read: 7 570.544 Division of Consumer Services; director; 8 powers; processing of complaints; records.-- 9 (3) In addition to the powers, duties, and 10 responsibilities authorized by this or any other chapter, the 11 Division of Consumer Services shall serve as the state a 12 clearinghouse for matters relating to consumer protection, 13 consumer information, and consumer services generally. It 14 shall receive complaints and grievances from consumers and 15 promptly transmit them to that agency most directly concerned 16 in order that the complaint or grievance may be expeditiously 17 handled in the best interests of the complaining consumer. If 18 no agency exists, the Division of Consumer Services shall seek 19 a settlement of the complaint using formal or informal methods 20 of mediation and conciliation and may seek any other 21 resolution of the matter in accordance with its jurisdiction. 22 (6)(a) The office or agency to which a complaint has 23 been referred shall within 30 days acknowledge receipt of the 24 complaint and report on the disposition made of the complaint. 25 In the event a complaint has not been disposed of within 30 26 days, the receiving office or agency shall file progress 27 reports with the Division of Consumer Services no less 28 frequently than 30 days until final disposition. 29 (b) The report shall contain at least the following 30 information: 31 1. A finding of whether the receiving agency has 2 8:45 AM 03/18/05 s1684d-cm08-c8h
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1684 Barcode 154832 1 jurisdiction of the subject matter involved in the complaint. 2 2. Whether the complaint is deemed to be frivolous, 3 sham, or without basis in fact or law. 4 3. What action has been taken and a report on whether 5 the original complainant was satisfied with the final 6 disposition. 7 4. Any recommendation regarding needed changes in law 8 or procedure which in the opinion of the reporting agency or 9 office will improve consumer protection in the area involved. 10 (7)(a) If the office or agency receiving a complaint 11 fails to file a report as contemplated in this section, that 12 failure shall be construed as a denial by the receiving office 13 or agency that it has jurisdiction of the subject matter 14 contained in the complaint. 15 (b) If an office or agency receiving a complaint 16 determines that the matter presents a prima facie case for 17 criminal prosecution or if the complaint cannot be settled at 18 the administrative level, the complaint together with all 19 supporting evidence shall be transmitted to the Department of 20 Legal Affairs or other appropriate enforcement agency with a 21 recommendation for civil or criminal action warranted by the 22 evidence. 23 Section 4. Subsection (4) of section 496.405, Florida 24 Statutes, is amended to read: 25 496.405 Registration statements by charitable 26 organizations and sponsors.-- 27 (4)(a) Every charitable organization, sponsor, or 28 parent organization filing on behalf of one or more chapters, 29 branches, or affiliates that is required to register under 30 this section must pay a single registration fee. A parent 31 organization filing on behalf of one or more chapters, 3 8:45 AM 03/18/05 s1684d-cm08-c8h
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1684 Barcode 154832 1 branches, or affiliates shall total all contributions received 2 by the chapters, branches, or affiliates included in the 3 registration statement to determine registration fees. Fees 4 shall be assessed as follows: 5 1.a. Twelve Ten dollars and fifty cents, if the 6 contributions received for the last fiscal or calendar year 7 were less than $5,000; or 8 b. Twelve Ten dollars and fifty cents, if the 9 contributions actually raised or received from the public 10 during the immediately preceding fiscal year by such 11 organization or sponsor are no more than $25,000 and the 12 fundraising activities of such organization or sponsor are 13 carried on by volunteers, members, officers, or permanent 14 employees, who are not compensated, primarily to solicit such 15 contributions, provided no part of the assets or income of 16 such organization or sponsor inures to the benefit of or is 17 paid to any officer or member of such organization or sponsor 18 or to any professional fundraising consultant, professional 19 solicitor, or commercial co-venturer; 20 2. Ninety-three Seventy-five dollars and seventy-five 21 cents, if the contributions received for the last fiscal year 22 were $5,000 or more, but less than $100,000; 23 3. One hundred fifty-six twenty-five dollars and 24 twenty-five cents, if the contributions received for the last 25 fiscal year were $100,000 or more, but less than $200,000; 26 4. Two hundred fifty dollars, if the contributions 27 received for the last fiscal year were $200,000 or more, but 28 less than $500,000; 29 5. Three hundred seventy-five dollars, if the 30 contributions received for the last fiscal year were $500,000 31 or more, but less than $1 million; 4 8:45 AM 03/18/05 s1684d-cm08-c8h
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1684 Barcode 154832 1 6. Four Three hundred thirty-seven fifty dollars and 2 fifty cents, if the contributions received for the last fiscal 3 year were $1 million or more, but less than $10 million; 4 7. Five Four hundred dollars, if the contributions 5 received for the last fiscal year were $10 million or more. 6 (b) A charitable organization or sponsor which fails 7 to file a registration statement by the due date may be 8 assessed an additional fee for such late filing. The late 9 filing fee shall be $25 for each month or part of a month 10 after the date on which the annual renewal statement and 11 financial report were due to be filed with the department. 12 (c) All registration fees must be paid to the 13 department and deposited into the General Inspection Trust 14 Fund. 15 Section 5. Subsection (2) of section 501.015, Florida 16 Statutes, is amended to read: 17 501.015 Health studios; registration requirements and 18 fees.--Each health studio shall: 19 (2) Remit an annual registration fee of $350 $300 to 20 the department at the time of registration for each of the 21 health studio's business locations. 22 Section 6. Subsection (5) of section 559.904, Florida 23 Statutes, is repealed. 24 Section 7. Subsection (3) of section 559.928, Florida 25 Statutes, is amended to read: 26 559.928 Registration.-- 27 (3) Each independent agent shall annually file an 28 affidavit with the department and pay a fee of $150 to be 29 deposited in the General Inspection Trust Fund before prior to 30 engaging in business in this state. This affidavit must 31 include the independent agent's full name, legal business or 5 8:45 AM 03/18/05 s1684d-cm08-c8h
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1684 Barcode 154832 1 trade name, mailing address, business address, telephone 2 number, social security number, and the name or names and 3 addresses of each seller of travel represented by the 4 independent agent. A letter evidencing proof of filing must 5 be issued by the department and must be prominently displayed 6 in the independent agent's primary place of business. As used 7 in this subsection, the term "independent agent" means a 8 person who represents a seller of travel by soliciting persons 9 on its behalf; who has a written contract with a seller of 10 travel which is operating in compliance with this part and any 11 rules adopted thereunder; who does not receive a fee, 12 commission, or other valuable consideration directly from the 13 purchaser for the seller of travel; who does not at any time 14 have any unissued ticket stock or travel documents in his or 15 her possession; and who does not have the ability to issue 16 tickets, vacation certificates, or any other travel document. 17 The term "independent agent" does not include an affiliate of 18 the seller of travel, as that term is used in s. 559.935(3), 19 or the employees of the seller of travel or of such 20 affiliates. 21 Section 8. Subsection (3) of section 849.094, Florida 22 Statutes, is amended to read: 23 849.094 Game promotion in connection with sale of 24 consumer products or services.-- 25 (3) The operator of a game promotion in which the 26 total announced value of the prizes offered is greater than 27 $5,000 shall file with the Department of Agriculture and 28 Consumer Services a copy of the rules and regulations of the 29 game promotion and a list of all prizes and prize categories 30 offered at least 7 days before the commencement of the game 31 promotion. Such rules and regulations may not thereafter be 6 8:45 AM 03/18/05 s1684d-cm08-c8h
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1684 Barcode 154832 1 changed, modified, or altered. The operator of a game 2 promotion shall conspicuously post the rules and regulations 3 of such game promotion in each and every retail outlet or 4 place where such game promotion may be played or participated 5 in by the public and shall also publish the rules and 6 regulations in all advertising copy used in connection 7 therewith. Radio and television announcements may indicate 8 that the rules and regulations are available at retail outlets 9 or from the operator of the promotion. A nonrefundable filing 10 fee of $200 $100 shall accompany each filing and shall be used 11 to pay the costs incurred in administering and enforcing the 12 provisions of this section. 13 Section 9. Effective July 1, 2005, the sum of $1.25 14 million and 23 full-time equivalent positions are appropriated 15 from the General Revenue Fund and $1.25 million is 16 appropriated from the General Inspection Trust Fund to the 17 Department of Agriculture and Consumer Services for the 18 purpose of providing additional resources for the department's 19 clearinghouse for information and consumer complaints. 20 Section 10. Effective July 1, 2005, the sum of 21 $140,000 is appropriated from the General Revenue Fund to the 22 Department of Agriculture and Consumer Services for the 23 purpose of upgrading the department's computer system used to 24 process consumer complaints. In addition, the sum of $120,000 25 and two full-time equivalent positions are appropriated from 26 the General Revenue Fund to the Department of Agriculture and 27 Consumer Services for the purpose of providing additional 28 resources for the department's complaint clearinghouse. 29 Section 11. Except as otherwise expressly provided in 30 this act, this act shall take effect October 1, 2005. 31 7 8:45 AM 03/18/05 s1684d-cm08-c8h
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1684 Barcode 154832 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to consumer services; directing 8 the State Technology Office to integrate 9 additional features into the state's official 10 Internet website; directing the State 11 Technology Office to integrate information 12 concerning the Florida 211 Network into the 13 state's official Internet website; amending s. 14 570.544, F.S.; designating the Division of 15 Consumer Services within the Department of 16 Agriculture and Consumer Services as the state 17 clearinghouse for matters relating to consumer 18 protection, consumer information, and consumer 19 services; deleting reporting requirements; 20 amending s. 496.405, F.S.; increasing 21 registration fees for charitable organizations; 22 amending s. 501.015, F.S.; increasing health 23 studios' registration fees; repealing s. 24 559.904(5), F.S., which provides an exemption 25 from registration fees for motor vehicle repair 26 shops in specified jurisdictions; amending s. 27 559.928, F.S.; requiring registration fees for 28 independent agents of sellers of travel; 29 amending s. 849.094, F.S.; increasing a filing 30 fee for operators of a game promotion; 31 providing appropriations and authorizing 8 8:45 AM 03/18/05 s1684d-cm08-c8h
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1684 Barcode 154832 1 additional positions; providing effective 2 dates. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 8:45 AM 03/18/05 s1684d-cm08-c8h