HB 0833

A bill to be entitled
2An act relating to consumer protection; amending s.
3493.6303, F.S.; revising training requirements for
4obtaining a Class "D" license; requiring a minimum number
5of hours of training in terrorism awareness or other
6training prescribed by the Department of Agriculture and
7Consumer Services; providing a timeframe for submitting
8proof of having completed the training; revising the
9number of training hours required; amending s. 501.059,
10F.S.; redefining the term "telephonic sales call" to
11provide that the term applies to sales of any goods or
12services; redefining the term "consumer goods or services"
13to remove the term "consumer" and include property used
14for business purposes; redefining the term "consumer," to
15conform; redefining the term "merchant" to include the
16offering of goods and services; redefining the term "doing
17business in this state" to include calls to telephone
18numbers in this state; requiring a telephone solicitor to
19identify himself or herself when calling any telephone
20number; adding businesses to those who may subscribe to
21the "no sales solicitation calls" listing of the
22Department of Agriculture and Consumer Services;
23prohibiting the transmission of facsimile documents under
24certain circumstances; providing for attorney's fees and
25for the recovery of certain litigation expenses by the
26department and the Department of Legal Affairs; repealing
27ss. 546.001, 546.002, 546.003, 546.004, 546.006, and
28546.008, F.S., relating to the "Amusement Ride and
29Attraction Insurance Act"; amending s. 559.801, F.S.;
30redefining the term "business opportunity" for purposes of
31the "Sale of Business Opportunities Act"; amending s.
32559.920, F.S.; revising actions by motor vehicle repair
33shops or employees which are unlawful; amending s.
34559.928, F.S.; revising information to be submitted for
35registration as a seller of travel and information
36submitted by independent agents; requiring the payment of
37an annual fee by independent agents; amending s. 616.242,
38F.S.; deleting provisions authorizing the owner of an
39amusement ride to maintain liability protection in the
40form of a surety bond; exempting certain governmental
41entities from a requirement to maintain liability
42protection covering amusement rides; amending s. 849.094,
43F.S.; redefining the term "operator" for purposes of the
44regulation of game promotions in connection with the sale
45of consumer products or services; reenacting s.
46501.603(1)(a), F.S., which defines "commercial telephone
47solicitation"; reenacting s. 559.809(12), F.S., which
48specifies prohibited acts under the "Sale of Business
49Opportunities Act"; providing an effective date.
51Be It Enacted by the Legislature of the State of Florida:
53     Section 1.  Section 493.6303, Florida Statutes, is amended
54to read:
55     493.6303  License requirements.--In addition to the license
56requirements set forth elsewhere in this chapter, each
57individual or agency shall comply with the following additional
59     (1)  Each agency or branch office shall designate a minimum
60of one appropriately licensed individual to act as manager,
61directing the activities of the Class "D" employees.
62     (2)  An applicant for a Class "MB" license shall have 2
63years of lawfully gained, verifiable, full-time experience, or
64training in:
65     (a)  Security work or related fields of work that provided
66equivalent experience or training;
67     (b)  Experience described in paragraph (a) for 1 year and
68experience described in paragraph (c) for 1 year;
69     (c)  No more than 1 year using:
70     1.  Either college coursework related to criminal justice,
71criminology, or law enforcement administration; or
72     2.  Successfully completed law enforcement-related training
73received from any federal, state, county, or municipal agency;
75     (d)  Experience described in paragraph (a) for 1 year and
76work in a managerial or supervisory capacity for 1 year.
77     (3)  An applicant for a Class "M" license shall qualify for
78licensure as a Class "MA" manager as outlined under s.
79493.6203(2) and as a Class "MB" manager as outlined under
80subsection (2).
81     (4)(a)  Effective January 1, 2006 October 1, 1994, an
82applicant for a Class "D" license must complete have completed a
83minimum of 44 40 hours of professional training administered by
84at a school or training facility licensed by the department. The
85department shall by rule establish the general content and
86number of hours of all the training. Such training must include
87at least 8 hours of instruction in terrorism awareness or other
88special training prescribed by the department.
89     (b)  An applicant may fulfill the training requirement
90prescribed in paragraph (a) by submitting proof of:
91     1.  Successful completion of the total number of required
9240 hours of training before initial application for a Class "D"
93license; or
94     2.  Successful completion of 24 hours of training before
95initial application for, and the remaining 16 hours of training
96within 180 days after the date upon the first application is
97submitted for renewal of, a Class "D" license. If documentation
98of completion of the required training is not submitted within
99the specified timeframe, the individual's license is
100automatically suspended until such time as proof of the required
101training is provided to the department. However, Individuals
102licensed before October 1, 1994, or individuals who have
103successfully completed 40 hours of professional training before
104January 1, 2006, at a school or training facility licensed by
105the department are exempt from the training requirements of
106paragraph (a) need not complete additional training hours in
107order to renew their licenses.
109However, any person whose license has been revoked or whose
110license has been expired for 1 year or longer is considered,
111upon reapplication for a license, an initial applicant and must
112submit proof of successful completion of the total number of
113required 40 hours of professional training at a school or
114training facility licensed by the department.
115     (5)  An applicant for a Class "G" license shall satisfy the
116firearms training outlined in s. 493.6115.
117     Section 2.  Section 501.059, Florida Statutes, is amended
118to read:
119     501.059  Telephone solicitation.--
120     (1)  As used in this section:
121     (a)  "Telephonic sales call" means a call made by a
122telephone solicitor to a telephone number consumer, for the
123purpose of soliciting a sale of any consumer goods or services,
124or for the purpose of soliciting an extension of credit for any
125consumer goods or services, or for the purpose of obtaining
126information that will or may be used for the direct solicitation
127of a sale of any consumer goods or services or an extension of
128credit for such purposes.
129     (b)  "Consumer Goods or services" means any real property
130or any tangible or intangible personal property which is
131normally used for personal, family, or household, or business
132purposes, including, without limitation, any such property
133intended to be attached to or installed in any real property
134without regard to whether it is so attached or installed, as
135well as cemetery lots and timeshare estates, and any services
136related to such property.
137     (c)  "Unsolicited telephonic sales call" means a telephonic
138sales call other than a call made:
139     1.  In response to an express request of the person called;
140     2.  Primarily in connection with an existing debt or
141contract, payment or performance of which has not been completed
142at the time of such call;
143     3.  To any person with whom the telephone solicitor has a
144prior or existing business relationship; or
145     4.  By a newspaper publisher or his or her agent or
146employee in connection with his or her business.
147     (d)  "Commission" means the Florida Public Service
149     (e)  "Telephone solicitor" means any natural person, firm,
150organization, partnership, association, or corporation, or a
151subsidiary or affiliate thereof, doing business in this state,
152who makes or causes to be made a telephonic sales call,
153including, but not limited to, calls made by use of automated
154dialing or recorded message devices.
155     (f)  "Consumer" means an actual or prospective purchaser,
156lessee, or recipient of consumer goods or services.
157     (g)  "Merchant" means a person who, directly or indirectly,
158offers or makes available to purchasers consumers any consumer
159goods or services.
160     (h)  "Doing business in this state" refers to businesses
161who conduct telephonic sales calls from a location in Florida or
162from other states or nations to telephone numbers consumers
163located in Florida.
164     (i)  "Department" means the Department of Agriculture and
165Consumer Services.
166     (2)  Any telephone solicitor who makes an unsolicited
167telephonic sales call to any a residential, mobile, or
168telephonic paging device telephone number shall identify himself
169or herself by his or her true first and last names and the
170business on whose behalf he or she is soliciting immediately
171upon making contact by telephone with the person who is the
172object of the telephone solicitation.
173     (3)(a)  Any residential, business, mobile, or telephonic
174paging device telephone subscriber desiring to be placed on a
175"no sales solicitation calls" listing indicating that the
176subscriber does not wish to receive unsolicited telephonic sales
177calls may notify the department and be placed on that listing
178upon receipt by the department of a $10 initial listing charge.
179 This listing shall be renewed by the department annually for
180each consumer upon receipt of a renewal notice and a $5
182     (b)  The department shall update its "no sales solicitation
183calls" listing upon receipt of initial consumer subscriptions or
184renewals and provide this listing for a fee to telephone
185solicitors upon request.
186     (c)  All fees imposed under pursuant to this section shall
187be deposited in the General Inspection Trust Fund for the
188administration of this section.
189     (4)  A No telephone solicitor may not shall make or cause
190to be made any unsolicited telephonic sales call to any
191residential, mobile, or telephonic paging device or telephone
192number if the number for that telephone appears in the then-
193current quarterly listing published by the department.  Any
194telephone solicitor or person who offers for sale any consumer
195information that which includes residential, mobile, or
196telephonic paging device or telephone numbers, except directory
197assistance and telephone directories sold by telephone companies
198and organizations exempt under s. 501(c)(3) or (6) of the
199Internal Revenue Code, must shall screen and exclude those
200numbers that which appear on the division's then-current "no
201sales solicitation calls" list. This subsection does not apply
202to any person licensed under pursuant to chapter 475 who calls
203an actual or prospective seller or lessor of real property when
204the such call is made in response to a yard sign or other form
205of advertisement placed by the seller or lessor.
206     (5)(a)  A contract made through pursuant to a telephonic
207sales call is not valid or and enforceable against a consumer
208unless the made in compliance with this subsection.
209     (b)  A contract made pursuant to a telephonic sales call:
210     (a)1.  Is Shall be reduced to writing and signed by the
212     (b)2.  Complies Shall comply with all other applicable laws
213and rules.
214     (c)3.  Matches Shall match the description of goods or
215services as principally used in the telephone solicitations.
216     (d)4.  Contains Shall contain the name, address, and
217telephone number of the seller, the total price of the contract,
218and a detailed description of the goods or services being sold.
219     (e)5.  Contains Shall contain, in bold, conspicuous type,
220immediately preceding the signature, the following statement:
221     "You are not obligated to pay any money unless you sign
222this contract and return it to the seller."
223     (f)6.  Does May not exclude from its terms any oral or
224written representations made by the telephone solicitor to the
225person contacted consumer in connection with the transaction.
226     (c)  The provisions of
228This subsection does do not apply to contractual sales regulated
229under other sections of the Florida Statutes, or to the sale of
230financial services, security sales, or sales transacted by
231companies or their wholly owned subsidiaries or agents, which
232companies are regulated by chapter 364, or to the sale of cable
233television services to the duly franchised cable television
234operator's existing subscribers within that cable television
235operator's franchise area, or to any sales where no prior
236payment is made to the merchant and an invoice accompanies the
237goods or services allowing the consumer 7 days to cancel or
238return without obligation for any payment.
239     (6)(a)  A merchant who engages a telephone solicitor to
240make or cause to be made a telephonic sales call may shall not
241make or submit any charge to the consumer's credit card account
242or make or cause to be made any electronic transfer of funds
243until after the merchant receives from the consumer a copy of
244the contract, signed by the purchaser, which complies with this
246     (b)  A merchant who conducts a credit card account
247transaction under pursuant to this section is shall be subject
248to the provisions of s. 817.62.
249     (c)  The provisions of This subsection does do not apply to
250a transaction:
251     1.  Made in accordance with prior negotiations in the
252course of a visit by the purchaser consumer to a merchant
253operating a retail business establishment which has a fixed
254permanent location and where consumer goods are displayed or
255offered for sale on a continuing basis;
256     2.  In which the purchaser consumer may obtain a full
257refund for the return of undamaged and unused goods or a
258cancellation of services notice to the seller within 7 days
259after receipt by the consumer, and the seller will process the
260refund within 30 days after receipt of the returned merchandise
261by the consumer;
262     3.  In which the purchaser consumer purchases goods or
263services as part of pursuant to an examination of a television,
264radio, or print advertisement or a sample, brochure, or catalog
265of the merchant that contains:
266     a.  The name, address, and telephone number of the
268     b.  A description of the goods or services being sold; and
269     c.  Any limitations or restrictions that apply to the
270offer; or
271     4.  In which the merchant is a bona fide charitable
272organization or a newspaper as defined in chapter 50.
273     (7)(a)  A No person may not shall make or knowingly allow a
274telephonic sales call to be made if the such call involves an
275automated system for the selection or dialing of telephone
276numbers or the playing of a recorded message when a connection
277is completed to a number called.
278     (b)  Nothing herein prohibits the use of an automated
279telephone dialing system with live messages if the calls are
280made or messages given solely in response to calls initiated by
281the persons to whom the automatic calls or live messages are
282directed or if the telephone numbers selected for automatic
283dialing have been screened to exclude any telephone subscriber
284who is included on the department's then-current "no sales
285solicitation calls" listing or any unlisted telephone number, or
286if the calls made concern goods or services that have been
287previously ordered or purchased.
288     (c)  A person may not transmit or knowingly allow the
289transmission of a facsimile of documents through connection with
290a telephone network if the facsimile transmission involves
291unsolicited advertising material for the sale of any real
292property, goods, or services.
293     (8)  The department shall investigate any complaints
294received concerning violations of this section.  If, after
295investigating any complaint, the department finds that there has
296been a violation of this section, the department or the
297Department of Legal Affairs may bring an action to impose a
298civil penalty and to seek other relief, including injunctive
299relief, as the court deems appropriate against the telephone
300solicitor.  The civil penalty shall not exceed $10,000 per
301violation and shall be deposited in the General Inspection Trust
302Fund if the action or proceeding was brought by the department,
303or the Legal Affairs Revolving Trust Fund if the action or
304proceeding was brought by the Department of Legal Affairs. This
305civil penalty may be recovered in any action brought under this
306part by the department, or the department may terminate any
307investigation or action upon agreement by the person to pay an
308agreed-upon a stipulated civil penalty.  The department or the
309court may waive any civil penalty if the person has previously
310made full restitution or reimbursement or has paid actual
311damages to the consumers who have been injured by the violation.
312     (9)(a)  In any civil litigation resulting from a
313transaction involving a violation of this section, the
314prevailing party, after judgment in the trial court and
315exhaustion of all appeals, if any, shall receive his or her
316reasonable attorney's fees and costs from the nonprevailing
318     (b)  The attorney for the prevailing party shall submit a
319sworn affidavit of his or her time spent on the case and his or
320her costs incurred for all the motions, hearings, and appeals to
321the trial judge who presided over the civil case.
322     (c)  The trial judge shall award the prevailing party the
323sum of reasonable costs incurred in the action plus a reasonable
324legal fee for the hours actually spent on the case as sworn to
325in an affidavit.
326     (d)  Any award of attorney's fees or costs shall become a
327part of the judgment and subject to execution as the law allows.
328     (e)  In any civil litigation initiated by the department or
329the Department of Legal Affairs, the court shall may award to
330the prevailing party reasonable attorney's fees and costs if the
331court finds that there was a complete absence of a justiciable
332issue of either law or fact raised by the losing party or if the
333court finds bad faith on the part of the losing party. Travel
334and per diem expenses incurred by the department or the
335Department of Legal Affairs for its attorneys and witnesses
336shall be recoverable costs by the department or the Department
337of Legal Affairs if either party prevails in civil litigation.
338     (10)  The commission shall by rule ensure that
339telecommunications companies inform their customers of the
340provisions of this section.  The notification may be made by:
341     (a)  Annual inserts in the billing statements mailed to
342customers; and
343     (b)  Conspicuous publication of the notice in the consumer
344information pages of the local telephone directories.
345     Section 3.  Sections 546.001, 546.002, 546.003, 546.004,
346546.006, and 546.008, Florida Statutes, are repealed.
347     Section 4.  Paragraph (a) of subsection (1) of section
348559.801, Florida Statutes, is amended to read:
349     559.801  Definitions.--For the purpose of ss. 559.80-
350559.80-559.815, the term:
351     (1)(a)  "Business opportunity" means the sale or lease of
352any products, equipment, supplies, or services which are sold or
353leased to a purchaser to enable the purchaser to start a
354business for which the purchaser is required to pay an initial
355fee or sum of money which exceeds $500 to the seller, and in
356which the seller represents:
357     1.  That the seller or person or entity affiliated with or
358referred by the seller will provide locations, either
359contemporaneously at the time of the sale or lease or at a
360future time, or assist the purchaser in finding locations for
361the use or operation of vending machines, racks, display cases,
362currency or card operated equipment, or other similar devices or
363currency-operated amusement machines or devices on premises
364neither owned nor leased by the purchaser or seller;
365     2.  That the seller will purchase, either contemporaneously
366at the time of the sale or lease or at a future time, any or all
367products made, produced, fabricated, grown, bred, or modified by
368the purchaser using in whole or in part the supplies, services,
369or chattels sold to the purchaser;
370     3.  That the seller guarantees that the purchaser will
371derive income from the business opportunity which exceeds the
372price paid or rent charged for the business opportunity or that
373the seller will refund all or part of the price paid or rent
374charged for the business opportunity, or will repurchase any of
375the products, equipment, supplies, or chattels supplied by the
376seller, if the purchaser is unsatisfied with the business
377opportunity; or
378     4.  That the seller will provide, either contemporaneously
379at the time of the sale or lease or at a future time, a sales
380program or marketing program that will enable the purchaser to
381derive income from the business opportunity, except that this
382paragraph does not apply to the sale of a sales program or
383marketing program made in conjunction with the licensing of a
384trademark or service mark that is registered under the laws of
385any state or of the United States if the seller requires use of
386the trademark or service mark in the sales agreement.
388For the purpose of subparagraph 1., the term "assist the
389purchaser in finding locations" means, but is not limited to,
390supplying the purchaser with names of locator companies,
391contracting with the purchaser to provide assistance or supply
392names, or collecting a fee on behalf of or for a locator
394     Section 5.  Section 559.920, Florida Statutes, is amended
395to read:
396     559.920  Unlawful acts and practices.--It shall be a
397violation of this act for any motor vehicle repair shop or
398employee thereof to:
399     (1)  Engage or attempt to engage in repair work for
400compensation of any type without first being registered with or
401having submitted an affidavit of exemption to the department;
402     (2)  Make or charge for repairs which have not been
403expressly or impliedly authorized by the customer;
404     (3)  Misrepresent that repairs have been made to a motor
406     (4)  Misrepresent that certain parts and repairs are
407necessary to repair a vehicle;
408     (5)  Misrepresent that the vehicle being inspected or
409diagnosed is in a dangerous condition or that the customer's
410continued use of the vehicle may be harmful or cause great
411damage to the vehicle;
412     (6)  Fraudulently alter any customer contract, estimate,
413invoice, or other document;
414     (7)  Fraudulently misuse any customer's credit card;
415     (8)  Make or authorize in any manner or by any means
416whatever any written or oral statement which is untrue,
417deceptive or misleading, and which is known, or which by the
418exercise of reasonable care should be known, to be untrue,
419deceptive or misleading;
420     (9)  Make false promises of a character likely to
421influence, persuade, or induce a customer to authorize the
422repair, service, or maintenance of a motor vehicle;
423     (10)  Substitute used, rebuilt, salvaged, or straightened
424parts for new replacement parts without notice to the motor
425vehicle owner and to her or his insurer if the cost of repair is
426to be paid pursuant to an insurance policy and the identity of
427the insurer or its claims adjuster is disclosed to the motor
428vehicle repair shop;
429     (11)  Cause or allow a customer to sign any work order that
430does not state the repairs requested by the customer or the
431automobile's odometer reading at the time of repair;
432     (12)  Fail or refuse to give to a customer a copy of any
433document requiring the customer's signature upon completion or
434cancellation of the repair work;
435     (13)  Willfully depart from or disregard accepted practices
436and professional standards;
437     (14)  Have repair work subcontracted without the knowledge
438or consent of the customer unless the motor vehicle repair shop
439or employee thereof demonstrates that the customer could not
440reasonably have been notified;
441     (15)  Conduct the business of motor vehicle repair in a
442location other than that stated on the registration certificate;
443     (16)  Rebuild or restore a rebuilt vehicle without the
444knowledge of the owner in such a manner that it does not conform
445to the original vehicle manufacturer's established repair
446procedures or specifications and allowable tolerances for the
447particular model and year; or
448     (17)  Perform any other act that is a violation of this
449part or that constitutes fraud or misrepresentation.
450     Section 6.  Subsections (1) and (3) of section 559.928,
451Florida Statutes, are amended to read:
452     559.928  Registration.--
453     (1)  Each seller of travel shall annually register with the
454department, providing: its legal business or trade name, mailing
455address, and business locations; the full names, addresses, and
456telephone numbers, and social security numbers of its owners or
457corporate officers and directors and the Florida agent of the
458corporation; a statement whether it is a domestic or foreign
459corporation, its state and date of incorporation, its charter
460number, and, if a foreign corporation, the date it registered
461with the State of Florida, and occupational license where
462applicable; the date on which a seller of travel registered its
463fictitious name if the seller of travel is operating under a
464fictitious or trade name; the name of all other corporations,
465business entities, and trade names through which each owner of
466the seller of travel operated, was known, or did business as a
467seller of travel within the preceding 5 years; a list of all
468authorized independent agents, including the agent's trade name,
469full name, mailing address, business address, telephone numbers,
470and social security number; the business location and address of
471each branch office and full name and address of the manager or
472supervisor; and proof of purchase of adequate bond or
473establishment of a letter of credit or certificate of deposit as
474required in this part.  A certificate evidencing proof of
475registration shall be issued by the department and must be
476prominently displayed in the seller of travel's primary place of
478     (3)  Each independent agent shall annually file an
479affidavit with the department and pay a fee of $100 prior to
480engaging in business in this state. This affidavit must include
481the independent agent's full name, legal business or trade name,
482mailing address, business address, and telephone number, social
483security number, and the name or names and addresses of each
484seller of travel represented by the independent agent and must
485be accompanied by a copy of the independent agent's current
486contract with each seller of travel. A letter evidencing proof
487of filing must be issued by the department and must be
488prominently displayed in the independent agent's primary place
489of business.  As used in this subsection, the term "independent
490agent" means a person who represents a seller of travel by
491soliciting persons on its behalf; who has a written contract
492with a seller of travel which is operating in compliance with
493this part and any rules adopted thereunder; who does not receive
494a fee, commission, or other valuable consideration directly from
495the purchaser for the seller of travel; who does not at any time
496have any unissued ticket stock or travel documents in his or her
497possession; and who does not have the ability to issue tickets,
498vacation certificates, or any other travel document. The term
499"independent agent" does not include an affiliate of the seller
500of travel, as that term is used in s. 559.935(3), or the
501employees of the seller of travel or of such affiliates.
502     Section 7.  Paragraph (b) of subsection (5) and subsection
503(9) of section 616.242, Florida Statutes, are amended to read:
504     616.242  Safety standards for amusement rides.--
505     (5)  ANNUAL PERMIT.--
506     (b)  To apply for an annual permit an owner must submit to
507the department a written application on a form prescribed by
508rule of the department, which must include the following:
509     1.  The legal name, address, and primary place of business
510of the owner.
511     2.  A description, manufacturer's name, serial number,
512model number and, if previously assigned, the United States
513Amusement Identification Number of the amusement ride.
514     3.  A valid certificate of insurance or bond for each
515amusement ride.
516     4.  An affidavit of compliance that the amusement ride was
517inspected in person by the affiant and that the amusement ride
518is in general conformance with the requirements of this section
519and all applicable rules adopted by the department. The
520affidavit must be executed by a professional engineer or a
521qualified inspector no earlier than 60 days before, but not
522later than, the date of the filing of the application with the
523department. The owner shall request inspection and permitting of
524the amusement ride within 60 days of the date of filing the
525application with the department. The department shall inspect
526and permit the amusement ride within 60 days after filing the
527application with the department.
528     5.  If required by subsection (6), an affidavit of
529nondestructive testing dated and executed no earlier than 60
530days prior to, but not later than, the date of the filing of the
531application with the department. The owner shall request
532inspection and permitting of the amusement ride within 60 days
533of the date of filing the application with the department. The
534department shall inspect and permit the amusement ride within 60
535days after filing the application with the department.
536     6.  A request for inspection.
537     7.  Upon request, the owner shall, at no cost to the
538department, provide the department a copy of the manufacturer's
539current recommended operating instructions in the possession of
540the owner, the owner's operating fact sheet, and any written
541bulletins in the possession of the owner concerning the safety,
542operation, or maintenance of the amusement ride.
544     (a)  An owner may not operate an amusement ride unless the
545owner has in effect at all times of operation insurance meeting
546the following requirements:
547     1.  an insurance policy in an amount of not less than $1
548million per occurrence, $1 million in the aggregate, which
549insures the owner of the amusement ride against liability for
550injury to persons arising out of the use of the amusement ride;
552     2.  A bond in a like amount; however, the aggregate
553liability of the surety under the bond may not exceed the face
554amount thereof.
555     (b)  The policy or bond must be procured from an insurer or
556surety that is licensed to transact business in this state or
557that is approved as a surplus lines insurer.
558     (c)  The insurance requirements imposed under this
559subsection do not apply to a governmental entity that is covered
560by the provisions of s. 768.28(16).
561     Section 8.  Subsection (1) of section 849.094, Florida
562Statutes, is amended to read:
563     849.094  Game promotion in connection with sale of consumer
564products or services.--
565     (1)  As used in this section, the term:
566     (a)  "Game promotion" means, but is not limited to, a
567contest, game of chance, or gift enterprise, conducted within or
568throughout the state and other states in connection with the
569sale of consumer products or services, and in which the elements
570of chance and prize are present. However, "game promotion" shall
571not be construed to apply to bingo games conducted pursuant to
572s. 849.0931.
573     (b)  "Operator" means any person, firm, corporation, or
574association on whose behalf a game promotion is conducted or
575agent or employee thereof who promotes, operates, or conducts a
576game promotion, except any charitable nonprofit organization.
577     Section 9.  For the purpose of incorporating the amendment
578to section 501.059, Florida Statutes, in a reference thereto,
579paragraph (a) of subsection (1) of section 501.603, Florida
580Statutes, is reenacted to read:
581     501.603  Definitions.--As used in this part, unless the
582context otherwise requires, the term:
583     (1)  "Commercial telephone solicitation" means:
584     (a)  An unsolicited telephone call to a person initiated by
585a commercial telephone seller or salesperson, or an automated
586dialing machine used in accordance with the provisions of s.
587501.059(7) for the purpose of inducing the person to purchase or
588invest in consumer goods or services;
590For purposes of this section, "other communication" means a
591written or oral notification or advertisement transmitted
592through any means. Also, for purposes of this section, "invites
593a response by telephone" does not mean the mere listing or
594including of a telephone number in a notification or
596     Section 10.  For the purpose of incorporating the amendment
597to section 559.801, Florida Statutes, in a reference thereto,
598subsection (12) of section 559.809, Florida Statutes, is
599reenacted to read:
600     559.809  Prohibited acts.--Business opportunity sellers
601shall not:
602     (12)  Misrepresent their ability or the ability of a person
603or entity providing services as defined in s. 559.801(1)(a) to
604provide locations or assist the purchaser in finding locations
605expected to have a positive impact on the success of the
606business opportunity.
607     Section 11.  This act shall take effect October 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.