HB 0833

1	A bill to be entitled
2	An act relating to consumer protection; amending s.
3	493.6303, F.S.; revising training requirements for
4	obtaining a Class "D" license; requiring a minimum number
5	of hours of training in terrorism awareness or other
6	training prescribed by the Department of Agriculture and
7	Consumer Services; providing a timeframe for submitting
8	proof of having completed the training; revising the
9	number of training hours required; amending s. 501.059,
10	F.S.; redefining the term "telephonic sales call" to
11	provide that the term applies to sales of any goods or
12	services; redefining the term "consumer goods or services"
13	to remove the term "consumer" and include property used
14	for business purposes; redefining the term "consumer," to
15	conform; redefining the term "merchant" to include the
16	offering of goods and services; redefining the term "doing
17	business in this state" to include calls to telephone
18	numbers in this state; requiring a telephone solicitor to
19	identify himself or herself when calling any telephone
20	number; adding businesses to those who may subscribe to
21	the "no sales solicitation calls" listing of the
22	Department of Agriculture and Consumer Services;
23	prohibiting the transmission of facsimile documents under
24	certain circumstances; providing for attorney's fees and
25	for the recovery of certain litigation expenses by the
26	department and the Department of Legal Affairs; repealing
27	ss. 546.001, 546.002, 546.003, 546.004, 546.006, and
28	546.008, F.S., relating to the "Amusement Ride and
29	Attraction Insurance Act"; amending s. 559.801, F.S.;
30	redefining the term "business opportunity" for purposes of
31	the "Sale of Business Opportunities Act"; amending s.
32	559.920, F.S.; revising actions by motor vehicle repair
33	shops or employees which are unlawful; amending s.
34	559.928, F.S.; revising information to be submitted for
35	registration as a seller of travel and information
36	submitted by independent agents; requiring the payment of
37	an annual fee by independent agents; amending s. 616.242,
38	F.S.; deleting provisions authorizing the owner of an
39	amusement ride to maintain liability protection in the
40	form of a surety bond; exempting certain governmental
41	entities from a requirement to maintain liability
42	protection covering amusement rides; amending s. 849.094,
43	F.S.; redefining the term "operator" for purposes of the
44	regulation of game promotions in connection with the sale
45	of consumer products or services; reenacting s.
46	501.603(1)(a), F.S., which defines "commercial telephone
47	solicitation"; reenacting s. 559.809(12), F.S., which
48	specifies prohibited acts under the "Sale of Business
49	Opportunities Act"; providing an effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Section 493.6303, Florida Statutes, is amended
54	to read:
55	493.6303  License requirements.--In addition to the license
56	requirements set forth elsewhere in this chapter, each
57	individual or agency shall comply with the following additional
58	requirements:
59	(1)  Each agency or branch office shall designate a minimum
60	of one appropriately licensed individual to act as manager,
61	directing the activities of the Class "D" employees.
62	(2)  An applicant for a Class "MB" license shall have 2
63	years of lawfully gained, verifiable, full-time experience, or
64	training in:
65	(a)  Security work or related fields of work that provided
66	equivalent experience or training;
67	(b)  Experience described in paragraph (a) for 1 year and
68	experience described in paragraph (c) for 1 year;
69	(c)  No more than 1 year using:
70	1.  Either college coursework related to criminal justice,
71	criminology, or law enforcement administration; or
72	2.  Successfully completed law enforcement-related training
73	received from any federal, state, county, or municipal agency;
74	or
75	(d)  Experience described in paragraph (a) for 1 year and
76	work in a managerial or supervisory capacity for 1 year.
77	(3)  An applicant for a Class "M" license shall qualify for
78	licensure as a Class "MA" manager as outlined under s.
79	493.6203(2) and as a Class "MB" manager as outlined under
80	subsection (2).
81	(4)(a)  Effective January 1, 2006 October 1, 1994, an
82	applicant for a Class "D" license must complete have completed a
83	minimum of 44 40 hours of professional training administered by
84	at a school or training facility licensed by the department. The
85	department shall by rule establish the general content and
86	number of hours of all the training. Such training must include
87	at least 8 hours of instruction in terrorism awareness or other
88	special training prescribed by the department.
89	(b)  An applicant may fulfill the training requirement
90	prescribed in paragraph (a) by submitting proof of:
91	1.  Successful completion of the total number of required
92	40 hours of training before initial application for a Class "D"
93	license; or
94	2.  Successful completion of 24 hours of training before
95	initial application for, and the remaining 16 hours of training
96	within 180 days after the date upon the first application is
97	submitted for renewal of, a Class "D" license. If documentation
98	of completion of the required training is not submitted within
99	the specified timeframe, the individual's license is
100	automatically suspended until such time as proof of the required
101	training is provided to the department. However, Individuals
102	licensed before October 1, 1994, or individuals who have
103	successfully completed 40 hours of professional training before
104	January 1, 2006, at a school or training facility licensed by
105	the department are exempt from the training requirements of
106	paragraph (a) need not complete additional training hours in
107	order to renew their licenses.
108
109	However, any person whose license has been revoked or whose
110	license has been expired for 1 year or longer is considered,
111	upon reapplication for a license, an initial applicant and must
112	submit proof of successful completion of the total number of
113	required 40 hours of professional training at a school or
114	training facility licensed by the department.
115	(5)  An applicant for a Class "G" license shall satisfy the
116	firearms training outlined in s. 493.6115.
117	Section 2.  Section 501.059, Florida Statutes, is amended
118	to read:
119	501.059  Telephone solicitation.--
120	(1)  As used in this section:
121	(a)  "Telephonic sales call" means a call made by a
122	telephone solicitor to a telephone number consumer, for the
123	purpose of soliciting a sale of any consumer goods or services,
124	or for the purpose of soliciting an extension of credit for any
125	consumer goods or services, or for the purpose of obtaining
126	information that will or may be used for the direct solicitation
127	of a sale of any consumer goods or services or an extension of
128	credit for such purposes.
129	(b)  "Consumer Goods or services" means any real property
130	or any tangible or intangible personal property which is
131	normally used for personal, family, or household, or business
132	purposes, including, without limitation, any such property
133	intended to be attached to or installed in any real property
134	without regard to whether it is so attached or installed, as
135	well as cemetery lots and timeshare estates, and any services
136	related to such property.
137	(c)  "Unsolicited telephonic sales call" means a telephonic
138	sales 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
141	contract, payment or performance of which has not been completed
142	at the time of such call;
143	3.  To any person with whom the telephone solicitor has a
144	prior or existing business relationship; or
145	4.  By a newspaper publisher or his or her agent or
146	employee in connection with his or her business.
147	(d)  "Commission" means the Florida Public Service
148	Commission.
149	(e)  "Telephone solicitor" means any natural person, firm,
150	organization, partnership, association, or corporation, or a
151	subsidiary or affiliate thereof, doing business in this state,
152	who makes or causes to be made a telephonic sales call,
153	including, but not limited to, calls made by use of automated
154	dialing or recorded message devices.
155	(f)  "Consumer" means an actual or prospective purchaser,
156	lessee, or recipient of consumer goods or services.
157	(g)  "Merchant" means a person who, directly or indirectly,
158	offers or makes available to purchasers consumers any consumer
159	goods or services.
160	(h)  "Doing business in this state" refers to businesses
161	who conduct telephonic sales calls from a location in Florida or
162	from other states or nations to telephone numbers consumers
163	located in Florida.
164	(i)  "Department" means the Department of Agriculture and
165	Consumer Services.
166	(2)  Any telephone solicitor who makes an unsolicited
167	telephonic sales call to any a residential, mobile, or
168	telephonic paging device telephone number shall identify himself
169	or herself by his or her true first and last names and the
170	business on whose behalf he or she is soliciting immediately
171	upon making contact by telephone with the person who is the
172	object of the telephone solicitation.
173	(3)(a)  Any residential, business, mobile, or telephonic
174	paging device telephone subscriber desiring to be placed on a
175	"no sales solicitation calls" listing indicating that the
176	subscriber does not wish to receive unsolicited telephonic sales
177	calls may notify the department and be placed on that listing
178	upon receipt by the department of a $10 initial listing charge.
179	This listing shall be renewed by the department annually for
180	each consumer upon receipt of a renewal notice and a $5
181	assessment.
182	(b)  The department shall update its "no sales solicitation
183	calls" listing upon receipt of initial consumer subscriptions or
184	renewals and provide this listing for a fee to telephone
185	solicitors upon request.
186	(c)  All fees imposed under pursuant to this section shall
187	be deposited in the General Inspection Trust Fund for the
188	administration of this section.
189	(4)  A No telephone solicitor may not shall make or cause
190	to be made any unsolicited telephonic sales call to any
191	residential, mobile, or telephonic paging device or telephone
192	number if the number for that telephone appears in the then-
193	current quarterly listing published by the department.  Any
194	telephone solicitor or person who offers for sale any consumer
195	information that which includes residential, mobile, or
196	telephonic paging device or telephone numbers, except directory
197	assistance and telephone directories sold by telephone companies
198	and organizations exempt under s. 501(c)(3) or (6) of the
199	Internal Revenue Code, must shall screen and exclude those
200	numbers that which appear on the division's then-current "no
201	sales solicitation calls" list. This subsection does not apply
202	to any person licensed under pursuant to chapter 475 who calls
203	an actual or prospective seller or lessor of real property when
204	the such call is made in response to a yard sign or other form
205	of advertisement placed by the seller or lessor.
206	(5)(a)  A contract made through pursuant to a telephonic
207	sales call is not valid or and enforceable against a consumer
208	unless 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
211	consumer.
212	(b)2.  Complies Shall comply with all other applicable laws
213	and rules.
214	(c)3.  Matches Shall match the description of goods or
215	services as principally used in the telephone solicitations.
216	(d)4.  Contains Shall contain the name, address, and
217	telephone number of the seller, the total price of the contract,
218	and a detailed description of the goods or services being sold.
219	(e)5.  Contains Shall contain, in bold, conspicuous type,
220	immediately preceding the signature, the following statement:
221	"You are not obligated to pay any money unless you sign
222	this contract and return it to the seller."
223	(f)6.  Does May not exclude from its terms any oral or
224	written representations made by the telephone solicitor to the
225	person contacted consumer in connection with the transaction.
226	(c)  The provisions of
227
228	This subsection does do not apply to contractual sales regulated
229	under other sections of the Florida Statutes, or to the sale of
230	financial services, security sales, or sales transacted by
231	companies or their wholly owned subsidiaries or agents, which
232	companies are regulated by chapter 364, or to the sale of cable
233	television services to the duly franchised cable television
234	operator's existing subscribers within that cable television
235	operator's franchise area, or to any sales where no prior
236	payment is made to the merchant and an invoice accompanies the
237	goods or services allowing the consumer 7 days to cancel or
238	return without obligation for any payment.
239	(6)(a)  A merchant who engages a telephone solicitor to
240	make or cause to be made a telephonic sales call may shall not
241	make or submit any charge to the consumer's credit card account
242	or make or cause to be made any electronic transfer of funds
243	until after the merchant receives from the consumer a copy of
244	the contract, signed by the purchaser, which complies with this
245	section.
246	(b)  A merchant who conducts a credit card account
247	transaction under pursuant to this section is shall be subject
248	to the provisions of s. 817.62.
249	(c)  The provisions of This subsection does do not apply to
250	a transaction:
251	1.  Made in accordance with prior negotiations in the
252	course of a visit by the purchaser consumer to a merchant
253	operating a retail business establishment which has a fixed
254	permanent location and where consumer goods are displayed or
255	offered for sale on a continuing basis;
256	2.  In which the purchaser consumer may obtain a full
257	refund for the return of undamaged and unused goods or a
258	cancellation of services notice to the seller within 7 days
259	after receipt by the consumer, and the seller will process the
260	refund within 30 days after receipt of the returned merchandise
261	by the consumer;
262	3.  In which the purchaser consumer purchases goods or
263	services as part of pursuant to an examination of a television,
264	radio, or print advertisement or a sample, brochure, or catalog
265	of the merchant that contains:
266	a.  The name, address, and telephone number of the
267	merchant;
268	b.  A description of the goods or services being sold; and
269	c.  Any limitations or restrictions that apply to the
270	offer; or
271	4.  In which the merchant is a bona fide charitable
272	organization or a newspaper as defined in chapter 50.
273	(7)(a)  A No person may not shall make or knowingly allow a
274	telephonic sales call to be made if the such call involves an
275	automated system for the selection or dialing of telephone
276	numbers or the playing of a recorded message when a connection
277	is completed to a number called.
278	(b)  Nothing herein prohibits the use of an automated
279	telephone dialing system with live messages if the calls are
280	made or messages given solely in response to calls initiated by
281	the persons to whom the automatic calls or live messages are
282	directed or if the telephone numbers selected for automatic
283	dialing have been screened to exclude any telephone subscriber
284	who is included on the department's then-current "no sales
285	solicitation calls" listing or any unlisted telephone number, or
286	if the calls made concern goods or services that have been
287	previously ordered or purchased.
288	(c)  A person may not transmit or knowingly allow the
289	transmission of a facsimile of documents through connection with
290	a telephone network if the facsimile transmission involves
291	unsolicited advertising material for the sale of any real
292	property, goods, or services.
293	(8)  The department shall investigate any complaints
294	received concerning violations of this section.  If, after
295	investigating any complaint, the department finds that there has
296	been a violation of this section, the department or the
297	Department of Legal Affairs may bring an action to impose a
298	civil penalty and to seek other relief, including injunctive
299	relief, as the court deems appropriate against the telephone
300	solicitor.  The civil penalty shall not exceed $10,000 per
301	violation and shall be deposited in the General Inspection Trust
302	Fund if the action or proceeding was brought by the department,
303	or the Legal Affairs Revolving Trust Fund if the action or
304	proceeding was brought by the Department of Legal Affairs. This
305	civil penalty may be recovered in any action brought under this
306	part by the department, or the department may terminate any
307	investigation or action upon agreement by the person to pay an
308	agreed-upon a stipulated civil penalty.  The department or the
309	court may waive any civil penalty if the person has previously
310	made full restitution or reimbursement or has paid actual
311	damages to the consumers who have been injured by the violation.
312	(9)(a)  In any civil litigation resulting from a
313	transaction involving a violation of this section, the
314	prevailing party, after judgment in the trial court and
315	exhaustion of all appeals, if any, shall receive his or her
316	reasonable attorney's fees and costs from the nonprevailing
317	party.
318	(b)  The attorney for the prevailing party shall submit a
319	sworn affidavit of his or her time spent on the case and his or
320	her costs incurred for all the motions, hearings, and appeals to
321	the trial judge who presided over the civil case.
322	(c)  The trial judge shall award the prevailing party the
323	sum of reasonable costs incurred in the action plus a reasonable
324	legal fee for the hours actually spent on the case as sworn to
325	in an affidavit.
326	(d)  Any award of attorney's fees or costs shall become a
327	part of the judgment and subject to execution as the law allows.
328	(e)  In any civil litigation initiated by the department or
329	the Department of Legal Affairs, the court shall may award to
330	the prevailing party reasonable attorney's fees and costs if the
331	court finds that there was a complete absence of a justiciable
332	issue of either law or fact raised by the losing party or if the
333	court finds bad faith on the part of the losing party. Travel
334	and per diem expenses incurred by the department or the
335	Department of Legal Affairs for its attorneys and witnesses
336	shall be recoverable costs by the department or the Department
337	of Legal Affairs if either party prevails in civil litigation.
338	(10)  The commission shall by rule ensure that
339	telecommunications companies inform their customers of the
340	provisions of this section.  The notification may be made by:
341	(a)  Annual inserts in the billing statements mailed to
342	customers; and
343	(b)  Conspicuous publication of the notice in the consumer
344	information pages of the local telephone directories.
345	Section 3.  Sections 546.001, 546.002, 546.003, 546.004,
346	546.006, and 546.008, Florida Statutes, are repealed.
347	Section 4.  Paragraph (a) of subsection (1) of section
348	559.801, Florida Statutes, is amended to read:
349	559.801  Definitions.--For the purpose of ss. 559.80-
350	559.80-559.815, the term:
351	(1)(a)  "Business opportunity" means the sale or lease of
352	any products, equipment, supplies, or services which are sold or
353	leased to a purchaser to enable the purchaser to start a
354	business for which the purchaser is required to pay an initial
355	fee or sum of money which exceeds $500 to the seller, and in
356	which the seller represents:
357	1.  That the seller or person or entity affiliated with or
358	referred by the seller will provide locations, either
359	contemporaneously at the time of the sale or lease or at a
360	future time, or assist the purchaser in finding locations for
361	the use or operation of vending machines, racks, display cases,
362	currency or card operated equipment, or other similar devices or
363	currency-operated amusement machines or devices on premises
364	neither owned nor leased by the purchaser or seller;
365	2.  That the seller will purchase, either contemporaneously
366	at the time of the sale or lease or at a future time, any or all
367	products made, produced, fabricated, grown, bred, or modified by
368	the purchaser using in whole or in part the supplies, services,
369	or chattels sold to the purchaser;
370	3.  That the seller guarantees that the purchaser will
371	derive income from the business opportunity which exceeds the
372	price paid or rent charged for the business opportunity or that
373	the seller will refund all or part of the price paid or rent
374	charged for the business opportunity, or will repurchase any of
375	the products, equipment, supplies, or chattels supplied by the
376	seller, if the purchaser is unsatisfied with the business
377	opportunity; or
378	4.  That the seller will provide, either contemporaneously
379	at the time of the sale or lease or at a future time, a sales
380	program or marketing program that will enable the purchaser to
381	derive income from the business opportunity, except that this
382	paragraph does not apply to the sale of a sales program or
383	marketing program made in conjunction with the licensing of a
384	trademark or service mark that is registered under the laws of
385	any state or of the United States if the seller requires use of
386	the trademark or service mark in the sales agreement.
387
388	For the purpose of subparagraph 1., the term "assist the
389	purchaser in finding locations" means, but is not limited to,
390	supplying the purchaser with names of locator companies,
391	contracting with the purchaser to provide assistance or supply
392	names, or collecting a fee on behalf of or for a locator
393	company.
394	Section 5.  Section 559.920, Florida Statutes, is amended
395	to read:
396	559.920  Unlawful acts and practices.--It shall be a
397	violation of this act for any motor vehicle repair shop or
398	employee thereof to:
399	(1)  Engage or attempt to engage in repair work for
400	compensation of any type without first being registered with or
401	having submitted an affidavit of exemption to the department;
402	(2)  Make or charge for repairs which have not been
403	expressly or impliedly authorized by the customer;
404	(3)  Misrepresent that repairs have been made to a motor
405	vehicle;
406	(4)  Misrepresent that certain parts and repairs are
407	necessary to repair a vehicle;
408	(5)  Misrepresent that the vehicle being inspected or
409	diagnosed is in a dangerous condition or that the customer's
410	continued use of the vehicle may be harmful or cause great
411	damage to the vehicle;
412	(6)  Fraudulently alter any customer contract, estimate,
413	invoice, or other document;
414	(7)  Fraudulently misuse any customer's credit card;
415	(8)  Make or authorize in any manner or by any means
416	whatever any written or oral statement which is untrue,
417	deceptive or misleading, and which is known, or which by the
418	exercise of reasonable care should be known, to be untrue,
419	deceptive or misleading;
420	(9)  Make false promises of a character likely to
421	influence, persuade, or induce a customer to authorize the
422	repair, service, or maintenance of a motor vehicle;
423	(10)  Substitute used, rebuilt, salvaged, or straightened
424	parts for new replacement parts without notice to the motor
425	vehicle owner and to her or his insurer if the cost of repair is
426	to be paid pursuant to an insurance policy and the identity of
427	the insurer or its claims adjuster is disclosed to the motor
428	vehicle repair shop;
429	(11)  Cause or allow a customer to sign any work order that
430	does not state the repairs requested by the customer or the
431	automobile's odometer reading at the time of repair;
432	(12)  Fail or refuse to give to a customer a copy of any
433	document requiring the customer's signature upon completion or
434	cancellation of the repair work;
435	(13)  Willfully depart from or disregard accepted practices
436	and professional standards;
437	(14)  Have repair work subcontracted without the knowledge
438	or consent of the customer unless the motor vehicle repair shop
439	or employee thereof demonstrates that the customer could not
440	reasonably have been notified;
441	(15)  Conduct the business of motor vehicle repair in a
442	location other than that stated on the registration certificate;
443	(16)  Rebuild or restore a rebuilt vehicle without the
444	knowledge of the owner in such a manner that it does not conform
445	to the original vehicle manufacturer's established repair
446	procedures or specifications and allowable tolerances for the
447	particular model and year; or
448	(17)  Perform any other act that is a violation of this
449	part or that constitutes fraud or misrepresentation.
450	Section 6.  Subsections (1) and (3) of section 559.928,
451	Florida Statutes, are amended to read:
452	559.928  Registration.--
453	(1)  Each seller of travel shall annually register with the
454	department, providing: its legal business or trade name, mailing
455	address, and business locations; the full names, addresses, and
456	telephone numbers, and social security numbers of its owners or
457	corporate officers and directors and the Florida agent of the
458	corporation; a statement whether it is a domestic or foreign
459	corporation, its state and date of incorporation, its charter
460	number, and, if a foreign corporation, the date it registered
461	with the State of Florida, and occupational license where
462	applicable; the date on which a seller of travel registered its
463	fictitious name if the seller of travel is operating under a
464	fictitious or trade name; the name of all other corporations,
465	business entities, and trade names through which each owner of
466	the seller of travel operated, was known, or did business as a
467	seller of travel within the preceding 5 years; a list of all
468	authorized independent agents, including the agent's trade name,
469	full name, mailing address, business address, telephone numbers,
470	and social security number; the business location and address of
471	each branch office and full name and address of the manager or
472	supervisor; and proof of purchase of adequate bond or
473	establishment of a letter of credit or certificate of deposit as
474	required in this part.  A certificate evidencing proof of
475	registration shall be issued by the department and must be
476	prominently displayed in the seller of travel's primary place of
477	business.
478	(3)  Each independent agent shall annually file an
479	affidavit with the department and pay a fee of $100 prior to
480	engaging in business in this state. This affidavit must include
481	the independent agent's full name, legal business or trade name,
482	mailing address, business address, and telephone number, social
483	security number, and the name or names and addresses of each
484	seller of travel represented by the independent agent and must
485	be accompanied by a copy of the independent agent's current
486	contract with each seller of travel. A letter evidencing proof
487	of filing must be issued by the department and must be
488	prominently displayed in the independent agent's primary place
489	of business.  As used in this subsection, the term "independent
490	agent" means a person who represents a seller of travel by
491	soliciting persons on its behalf; who has a written contract
492	with a seller of travel which is operating in compliance with
493	this part and any rules adopted thereunder; who does not receive
494	a fee, commission, or other valuable consideration directly from
495	the purchaser for the seller of travel; who does not at any time
496	have any unissued ticket stock or travel documents in his or her
497	possession; and who does not have the ability to issue tickets,
498	vacation certificates, or any other travel document. The term
499	"independent agent" does not include an affiliate of the seller
500	of travel, as that term is used in s. 559.935(3), or the
501	employees 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
507	the department a written application on a form prescribed by
508	rule of the department, which must include the following:
509	1.  The legal name, address, and primary place of business
510	of the owner.
511	2.  A description, manufacturer's name, serial number,
512	model number and, if previously assigned, the United States
513	Amusement Identification Number of the amusement ride.
514	3.  A valid certificate of insurance or bond for each
515	amusement ride.
516	4.  An affidavit of compliance that the amusement ride was
517	inspected in person by the affiant and that the amusement ride
518	is in general conformance with the requirements of this section
519	and all applicable rules adopted by the department. The
520	affidavit must be executed by a professional engineer or a
521	qualified inspector no earlier than 60 days before, but not
522	later than, the date of the filing of the application with the
523	department. The owner shall request inspection and permitting of
524	the amusement ride within 60 days of the date of filing the
525	application with the department. The department shall inspect
526	and permit the amusement ride within 60 days after filing the
527	application with the department.
528	5.  If required by subsection (6), an affidavit of
529	nondestructive testing dated and executed no earlier than 60
530	days prior to, but not later than, the date of the filing of the
531	application with the department. The owner shall request
532	inspection and permitting of the amusement ride within 60 days
533	of the date of filing the application with the department. The
534	department shall inspect and permit the amusement ride within 60
535	days 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
538	department, provide the department a copy of the manufacturer's
539	current recommended operating instructions in the possession of
540	the owner, the owner's operating fact sheet, and any written
541	bulletins in the possession of the owner concerning the safety,
542	operation, or maintenance of the amusement ride.
543	(9)  INSURANCE REQUIREMENTS.--
544	(a)  An owner may not operate an amusement ride unless the
545	owner has in effect at all times of operation insurance meeting
546	the following requirements:
547	1.  an insurance policy in an amount of not less than $1
548	million per occurrence, $1 million in the aggregate, which
549	insures the owner of the amusement ride against liability for
550	injury to persons arising out of the use of the amusement ride;
551	or
552	2.  A bond in a like amount; however, the aggregate
553	liability of the surety under the bond may not exceed the face
554	amount thereof.
555	(b)  The policy or bond must be procured from an insurer or
556	surety that is licensed to transact business in this state or
557	that is approved as a surplus lines insurer.
558	(c)  The insurance requirements imposed under this
559	subsection do not apply to a governmental entity that is covered
560	by the provisions of s. 768.28(16).
561	Section 8.  Subsection (1) of section 849.094, Florida
562	Statutes, is amended to read:
563	849.094  Game promotion in connection with sale of consumer
564	products or services.--
565	(1)  As used in this section, the term:
566	(a)  "Game promotion" means, but is not limited to, a
567	contest, game of chance, or gift enterprise, conducted within or
568	throughout the state and other states in connection with the
569	sale of consumer products or services, and in which the elements
570	of chance and prize are present. However, "game promotion" shall
571	not be construed to apply to bingo games conducted pursuant to
572	s. 849.0931.
573	(b)  "Operator" means any person, firm, corporation, or
574	association on whose behalf a game promotion is conducted or
575	agent or employee thereof who promotes, operates, or conducts a
576	game promotion, except any charitable nonprofit organization.
577	Section 9.  For the purpose of incorporating the amendment
578	to section 501.059, Florida Statutes, in a reference thereto,
579	paragraph (a) of subsection (1) of section 501.603, Florida
580	Statutes, is reenacted to read:
581	501.603  Definitions.--As used in this part, unless the
582	context otherwise requires, the term:
583	(1)  "Commercial telephone solicitation" means:
584	(a)  An unsolicited telephone call to a person initiated by
585	a commercial telephone seller or salesperson, or an automated
586	dialing machine used in accordance with the provisions of s.
587	501.059(7) for the purpose of inducing the person to purchase or
588	invest in consumer goods or services;
589
590	For purposes of this section, "other communication" means a
591	written or oral notification or advertisement transmitted
592	through any means. Also, for purposes of this section, "invites
593	a response by telephone" does not mean the mere listing or
594	including of a telephone number in a notification or
595	advertisement.
596	Section 10.  For the purpose of incorporating the amendment
597	to section 559.801, Florida Statutes, in a reference thereto,
598	subsection (12) of section 559.809, Florida Statutes, is
599	reenacted to read:
600	559.809  Prohibited acts.--Business opportunity sellers
601	shall not:
602	(12)  Misrepresent their ability or the ability of a person
603	or entity providing services as defined in s. 559.801(1)(a) to
604	provide locations or assist the purchaser in finding locations
605	expected to have a positive impact on the success of the
606	business opportunity.
607	Section 11.  This act shall take effect October 1, 2005.

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