Senate Bill sb1684c1

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    Florida Senate - 2005                           CS for SB 1684

    By the Committee on Commerce and Consumer Services





    577-1793-05

  1                      A bill to be entitled

  2         An act relating to consumer services; directing

  3         the State Technology Office to integrate

  4         additional features into the state's official

  5         Internet website; directing the State

  6         Technology Office to integrate information

  7         concerning the Florida 211 Network into the

  8         state's official Internet website; amending s.

  9         570.544, F.S.; designating the Division of

10         Consumer Services within the Department of

11         Agriculture and Consumer Services as the state

12         clearinghouse for matters relating to consumer

13         protection, consumer information, and consumer

14         services; deleting reporting requirements;

15         amending s. 496.405, F.S.; increasing

16         registration fees for charitable organizations;

17         amending s. 501.015, F.S.; increasing health

18         studios' registration fees; repealing s.

19         559.904(5), F.S., which provides an exemption

20         from registration fees for motor vehicle repair

21         shops in specified jurisdictions; amending s.

22         559.928, F.S.; requiring registration fees for

23         independent agents of sellers of travel;

24         amending s. 849.094, F.S.; increasing a filing

25         fee for operators of a game promotion;

26         providing appropriations and authorizing

27         additional positions; providing effective

28         dates.

29  

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

31  

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    Florida Senate - 2005                           CS for SB 1684
    577-1793-05




 1         Section 1.  The State Technology Office shall provide a

 2  banner on the official Internet website of the state which is

 3  hyperlinked to a website of the Department of Agriculture and

 4  Consumer Services which:

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

 6  information and resources available from state agencies;

 7         (2)  Features useful tools to help consumers identify

 8  which agencies have jurisdiction over specific subjects; and

 9         (3)  Includes alerts for consumers on known fraudulent

10  practices.

11         Section 2.  The State Technology Office shall provide a

12  banner on the official Internet website of the state which is

13  hyperlinked to a website of the Florida 211 Network which:

14         (1)  Profiles the information and referral system known

15  as the Florida 211 Network; and

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

17  available and the respective telephone numbers to access

18  members of the Florida 211 network.

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

20  570.544, Florida Statutes, are amended to read:

21         570.544  Division of Consumer Services; director;

22  powers; processing of complaints; records.--

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

24  responsibilities authorized by this or any other chapter, the

25  Division of Consumer Services shall serve as the state a

26  clearinghouse for matters relating to consumer protection,

27  consumer information, and consumer services generally. It

28  shall receive complaints and grievances from consumers and

29  promptly transmit them to that agency most directly concerned

30  in order that the complaint or grievance may be expeditiously

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

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    Florida Senate - 2005                           CS for SB 1684
    577-1793-05




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

 2  a settlement of the complaint using formal or informal methods

 3  of mediation and conciliation and may seek any other

 4  resolution of the matter in accordance with its jurisdiction.

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

 6  been referred shall within 30 days acknowledge receipt of the

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

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

 9  days, the receiving office or agency shall file progress

10  reports with the Division of Consumer Services no less

11  frequently than 30 days until final disposition.

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

13  information:

14         1.  A finding of whether the receiving agency has

15  jurisdiction of the subject matter involved in the complaint.

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

17  sham, or without basis in fact or law.

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

19  the original complainant was satisfied with the final

20  disposition.

21         4.  Any recommendation regarding needed changes in law

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

23  office will improve consumer protection in the area involved.

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

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

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

27  or agency that it has jurisdiction of the subject matter

28  contained in the complaint.

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

30  determines that the matter presents a prima facie case for

31  criminal prosecution or if the complaint cannot be settled at

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    Florida Senate - 2005                           CS for SB 1684
    577-1793-05




 1  the administrative level, the complaint together with all

 2  supporting evidence shall be transmitted to the Department of

 3  Legal Affairs or other appropriate enforcement agency with a

 4  recommendation for civil or criminal action warranted by the

 5  evidence.

 6         Section 4.  Subsection (4) of section 496.405, Florida

 7  Statutes, is amended to read:

 8         496.405  Registration statements by charitable

 9  organizations and sponsors.--

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

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

12  branches, or affiliates that is required to register under

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

14  organization filing on behalf of one or more chapters,

15  branches, or affiliates shall total all contributions received

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

17  registration statement to determine registration fees. Fees

18  shall be assessed as follows:

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

20  contributions received for the last fiscal or calendar year

21  were less than $5,000; or

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

23  contributions actually raised or received from the public

24  during the immediately preceding fiscal year by such

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

26  fundraising activities of such organization or sponsor are

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

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

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

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

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

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    Florida Senate - 2005                           CS for SB 1684
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 1  or to any professional fundraising consultant, professional

 2  solicitor, or commercial co-venturer;

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

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

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

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

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

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

 9         4.  Two hundred fifty dollars, if the contributions

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

11  less than $500,000;

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

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

14  or more, but less than $1 million;

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

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

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

18         7.  Five Four hundred dollars, if the contributions

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

20         (b)  A charitable organization or sponsor which fails

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

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

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

24  after the date on which the annual renewal statement and

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

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

27  department and deposited into the General Inspection Trust

28  Fund.

29         Section 5.  Subsection (2) of section 501.015, Florida

30  Statutes, is amended to read:

31  

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    Florida Senate - 2005                           CS for SB 1684
    577-1793-05




 1         501.015  Health studios; registration requirements and

 2  fees.--Each health studio shall:

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

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

 5  health studio's business locations.

 6         Section 6.  Subsection (5) of section 559.904, Florida

 7  Statutes, is repealed.

 8         Section 7.  Subsection (3) of section 559.928, Florida

 9  Statutes, is amended to read:

10         559.928  Registration.--

11         (3)  Each independent agent shall annually file an

12  affidavit with the department and pay a fee of $150 to be

13  deposited in the General Inspection Trust Fund before prior to

14  engaging in business in this state.  This affidavit must

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

16  trade name, mailing address, business address, telephone

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

18  addresses of each seller of travel represented by the

19  independent agent.  A letter evidencing proof of filing must

20  be issued by the department and must be prominently displayed

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

22  in this subsection, the term "independent agent" means a

23  person who represents a seller of travel by soliciting persons

24  on its behalf; who has a written contract with a seller of

25  travel which is operating in compliance with this part and any

26  rules adopted thereunder; who does not receive a fee,

27  commission, or other valuable consideration directly from the

28  purchaser for the seller of travel; who does not at any time

29  have any unissued ticket stock or travel documents in his or

30  her possession; and who does not have the ability to issue

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

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    Florida Senate - 2005                           CS for SB 1684
    577-1793-05




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

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

 3  or the employees of the seller of travel or of such

 4  affiliates.

 5         Section 8.  Subsection (3) of section 849.094, Florida

 6  Statutes, is amended to read:

 7         849.094  Game promotion in connection with sale of

 8  consumer products or services.--

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

10  total announced value of the prizes offered is greater than

11  $5,000 shall file with the Department of Agriculture and

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

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

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

15  promotion.  Such rules and regulations may not thereafter be

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

17  promotion shall conspicuously post the rules and regulations

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

19  place where such game promotion may be played or participated

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

21  regulations in all advertising copy used in connection

22  therewith.  Radio and television announcements may indicate

23  that the rules and regulations are available at retail outlets

24  or from the operator of the promotion. A nonrefundable filing

25  fee of $200 $100 shall accompany each filing and shall be used

26  to pay the costs incurred in administering and enforcing the

27  provisions of this section.

28         Section 9.  Effective July 1, 2005, the sum of $1.25

29  million and 23 full-time equivalent positions are appropriated

30  from the General Revenue Fund and $1.25 million is

31  appropriated from the General Inspection Trust Fund to the

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    Florida Senate - 2005                           CS for SB 1684
    577-1793-05




 1  Department of Agriculture and Consumer Services for the

 2  purpose of providing additional resources for the department's

 3  clearinghouse for information and consumer complaints.

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

 5  $140,000 is appropriated from the General Revenue Fund to the

 6  Department of Agriculture and Consumer Services for the

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

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

 9  and two full-time equivalent positions are appropriated from

10  the General Revenue Fund to the Department of Agriculture and

11  Consumer Services for the purpose of providing additional

12  resources for the department's complaint clearinghouse.

13         Section 11.  Except as otherwise expressly provided in

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

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 1684

18                                 

19  This committee substitute differs from the bill as filed in
    that it:
20  
    1.   Deletes the reporting requirement for complaints that had
21       been referred to agencies from the Department of
         Agriculture and Consumer Services;
22  
    2.   Increases fees for charitable organizations, health
23       studios, and operators of game promotions;

24  3.   Deletes the exemption from registration fees for motor
         vehicle repair shops in specified jurisdictions and
25       imposes a fee for independent agents of sellers of
         travel; and
26  
    4.   Provides an appropriation of $2,500,000 for the purpose
27       of providing additional resources for the complaint
         clearinghouse, $140,000 for the purpose of upgrading the
28       department's computer system used to process complaints,
         and $120,000 for the purpose of providing additional
29       resources for the department's complaint clearinghouse.

30  

31  

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