HB 0833CS


1The Civil Justice Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
7An act relating to consumer protection; amending s.
8493.6303, F.S.; revising training requirements for
9obtaining a Class "D" license; requiring a minimum number
10of hours of training in terrorism awareness or other
11training prescribed by the Department of Agriculture and
12Consumer Services; providing a timeframe for submitting
13proof of having completed the training; revising the
14number of training hours required; amending s. 501.059,
15F.S.; prohibiting the transmission of facsimile documents
16under certain circumstances; providing for attorney's fees
17and for the recovery of certain litigation expenses by the
18department and the Department of Legal Affairs; repealing
19ss. 546.001, 546.002, 546.003, 546.004, 546.006, and
20546.008, F.S., relating to the "Amusement Ride and
21Attraction Insurance Act"; amending s. 559.801, F.S.;
22redefining the term "business opportunity" for purposes of
23the "Sale of Business Opportunities Act"; amending s.
24559.920, F.S.; revising actions by motor vehicle repair
25shops or employees which are unlawful; amending s.
26559.927, F.S.; providing a definition of "travel club";
27amending s. 559.928, F.S.; revising information to be
28submitted for registration as a seller of travel and
29information submitted by independent agents; requiring the
30payment of an annual fee by independent agents; amending
31s. 616.242, F.S.; deleting provisions authorizing the
32owner of an amusement ride to maintain liability
33protection in the form of a surety bond; exempting certain
34governmental entities from a requirement to maintain
35liability protection covering amusement rides; amending s.
36849.094, F.S.; redefining the term "operator" for purposes
37of the regulation of game promotions in connection with
38the sale of consumer products or services; providing that
39the operator of certain game promotions need only include
40the material terms of the rules and regulations of the
41game in advertising copy used in connection therewith
42under specified conditions; reenacting s. 501.603(1)(a),
43F.S., which defines "commercial telephone solicitation";
44reenacting s. 559.809(12), F.S., which specifies
45prohibited acts under the "Sale of Business Opportunities
46Act"; directing the State Technology Office to integrate
47additional features into the state's official Internet
48website; directing the State Technology Office to
49integrate information concerning the Florida 211 Network
50into the state's official Internet website; amending s.
51570.544, F.S.; designating the Division of Consumer
52Services within the Department of Agriculture and Consumer
53Services as the state clearinghouse for matters relating
54to consumer protection, consumer information, and consumer
55services; deleting certain reporting requirements;
56providing appropriations and authorizing additional
57positions; amending s. 526.3135, F.S.; correcting a cross
58reference, to conform; providing effective dates.
60Be It Enacted by the Legislature of the State of Florida:
62     Section 1.  Section 493.6303, Florida Statutes, is amended
63to read:
64     493.6303  License requirements.--In addition to the license
65requirements set forth elsewhere in this chapter, each
66individual or agency shall comply with the following additional
68     (1)  Each agency or branch office shall designate a minimum
69of one appropriately licensed individual to act as manager,
70directing the activities of the Class "D" employees.
71     (2)  An applicant for a Class "MB" license shall have 2
72years of lawfully gained, verifiable, full-time experience, or
73training in:
74     (a)  Security work or related fields of work that provided
75equivalent experience or training;
76     (b)  Experience described in paragraph (a) for 1 year and
77experience described in paragraph (c) for 1 year;
78     (c)  No more than 1 year using:
79     1.  Either college coursework related to criminal justice,
80criminology, or law enforcement administration; or
81     2.  Successfully completed law enforcement-related training
82received from any federal, state, county, or municipal agency;
84     (d)  Experience described in paragraph (a) for 1 year and
85work in a managerial or supervisory capacity for 1 year.
86     (3)  An applicant for a Class "M" license shall qualify for
87licensure as a Class "MA" manager as outlined under s.
88493.6203(2) and as a Class "MB" manager as outlined under
89subsection (2).
90     (4)(a)  Effective January 1, 2006 October 1, 1994, an
91applicant for a Class "D" license must complete have completed a
92minimum of 44 40 hours of professional training administered by
93at a school or training facility licensed by the department. The
94department shall by rule establish the general content and
95number of hours of all the training. Such training must include
96at least 8 hours of instruction in terrorism awareness or other
97special training prescribed by the department.
98     (b)  An applicant may fulfill the training requirement
99prescribed in paragraph (a) by submitting proof of:
100     1.  Successful completion of the total number of required
10140 hours of training before initial application for a Class "D"
102license; or
103     2.  Successful completion of 24 hours of training before
104initial application for, and the remaining 16 hours of training
105within 180 days after the date upon the first application is
106submitted for renewal of, a Class "D" license. If documentation
107of completion of the required training is not submitted within
108the specified timeframe, the individual's license is
109automatically suspended until such time as proof of the required
110training is provided to the department. However, Individuals
111licensed before October 1, 1994, or individuals who have
112successfully completed 40 hours of professional training before
113January 1, 2006, at a school or training facility licensed by
114the department are exempt from the training requirements of
115paragraph (a) need not complete additional training hours in
116order to renew their licenses.
118However, any person whose license has been revoked or whose
119license has been expired for 1 year or longer is considered,
120upon reapplication for a license, an initial applicant and must
121submit proof of successful completion of the total number of
122required 40 hours of professional training at a school or
123training facility licensed by the department.
124     (5)  An applicant for a Class "G" license shall satisfy the
125firearms training outlined in s. 493.6115.
126     Section 2.  Subsections (7), (8), and (9) of section
127501.059, Florida Statutes, are amended to read:
128     501.059  Telephone solicitation.--
129     (7)(a)  A No person may not shall make or knowingly allow a
130telephonic sales call to be made if the such call involves an
131automated system for the selection or dialing of telephone
132numbers or the playing of a recorded message when a connection
133is completed to a number called.
134     (b)  Nothing herein prohibits the use of an automated
135telephone dialing system with live messages if the calls are
136made or messages given solely in response to calls initiated by
137the persons to whom the automatic calls or live messages are
138directed or if the telephone numbers selected for automatic
139dialing have been screened to exclude any telephone subscriber
140who is included on the department's then-current "no sales
141solicitation calls" listing or any unlisted telephone number, or
142if the calls made concern goods or services that have been
143previously ordered or purchased.
144     (c)  A person may not transmit or knowingly allow the
145transmission of a facsimile of documents through connection with
146a telephone network if the facsimile transmission involves
147unsolicited advertising material for the sale of any real
148property, goods, or services.
149     (8)  The department shall investigate any complaints
150received concerning violations of this section.  If, after
151investigating any complaint, the department finds that there has
152been a violation of this section, the department or the
153Department of Legal Affairs may bring an action to impose a
154civil penalty and to seek other relief, including injunctive
155relief, as the court deems appropriate against the telephone
156solicitor.  The civil penalty shall not exceed $10,000 per
157violation and shall be deposited in the General Inspection Trust
158Fund if the action or proceeding was brought by the department,
159or the Legal Affairs Revolving Trust Fund if the action or
160proceeding was brought by the Department of Legal Affairs. This
161civil penalty may be recovered in any action brought under this
162part by the department, or the department may terminate any
163investigation or action upon agreement by the person to pay an
164agreed-upon a stipulated civil penalty.  The department or the
165court may waive any civil penalty if the person has previously
166made full restitution or reimbursement or has paid actual
167damages to the consumers who have been injured by the violation.
168     (9)(a)  In any civil litigation resulting from a
169transaction involving a violation of this section, the
170prevailing party, after judgment in the trial court and
171exhaustion of all appeals, if any, shall receive his or her
172reasonable attorney's fees and costs from the nonprevailing
174     (b)  The attorney for the prevailing party shall submit a
175sworn affidavit of his or her time spent on the case and his or
176her costs incurred for all the motions, hearings, and appeals to
177the trial judge who presided over the civil case.
178     (c)  The trial judge shall award the prevailing party the
179sum of reasonable costs incurred in the action plus a reasonable
180legal fee for the hours actually spent on the case as sworn to
181in an affidavit.
182     (d)  Any award of attorney's fees or costs shall become a
183part of the judgment and subject to execution as the law allows.
184     (e)  In any civil litigation initiated by the department or
185the Department of Legal Affairs, the court shall may award to
186the prevailing party reasonable attorney's fees and costs if the
187court finds that there was a complete absence of a justiciable
188issue of either law or fact raised by the losing party or if the
189court finds bad faith on the part of the losing party. Travel
190and per diem expenses incurred by the department or the
191Department of Legal Affairs for its attorneys and witnesses
192shall be recoverable costs by the department or the Department
193of Legal Affairs if either party prevails in civil litigation.
194     Section 3.  Sections 546.001, 546.002, 546.003, 546.004,
195546.006, and 546.008, Florida Statutes, are repealed.
196     Section 4.  Paragraph (a) of subsection (1) of section
197559.801, Florida Statutes, is amended to read:
198     559.801  Definitions.--For the purpose of ss. 559.80-
199559.80-559.815, the term:
200     (1)(a)  "Business opportunity" means the sale or lease of
201any products, equipment, supplies, or services which are sold or
202leased to a purchaser to enable the purchaser to start a
203business for which the purchaser is required to pay an initial
204fee or sum of money which exceeds $500 to the seller, and in
205which the seller represents:
206     1.  That the seller or person or entity affiliated with or
207referred by the seller will provide locations, either
208contemporaneously at the time of the sale or lease or at a
209future time, or assist the purchaser in finding locations for
210the use or operation of vending machines, racks, display cases,
211currency or card operated equipment, or other similar devices or
212currency-operated amusement machines or devices on premises
213neither owned nor leased by the purchaser or seller;
214     2.  That the seller will purchase, either contemporaneously
215at the time of the sale or lease or at a future time, any or all
216products made, produced, fabricated, grown, bred, or modified by
217the purchaser using in whole or in part the supplies, services,
218or chattels sold to the purchaser;
219     3.  That the seller guarantees that the purchaser will
220derive income from the business opportunity which exceeds the
221price paid or rent charged for the business opportunity or that
222the seller will refund all or part of the price paid or rent
223charged for the business opportunity, or will repurchase any of
224the products, equipment, supplies, or chattels supplied by the
225seller, if the purchaser is unsatisfied with the business
226opportunity; or
227     4.  That the seller will provide, either contemporaneously
228at the time of the sale or lease or at a future time, a sales
229program or marketing program that will enable the purchaser to
230derive income from the business opportunity, except that this
231paragraph does not apply to the sale of a sales program or
232marketing program made in conjunction with the licensing of a
233trademark or service mark that is registered under the laws of
234any state or of the United States if the seller requires use of
235the trademark or service mark in the sales agreement.
237For the purpose of subparagraph 1., the term "assist the
238purchaser in finding locations" means, but is not limited to,
239supplying the purchaser with names of locator companies,
240contracting with the purchaser to provide assistance or supply
241names, or collecting a fee on behalf of or for a locator
243     Section 5.  Section 559.920, Florida Statutes, is amended
244to read:
245     559.920  Unlawful acts and practices.--It shall be a
246violation of this act for any motor vehicle repair shop or
247employee thereof to:
248     (1)  Engage or attempt to engage in repair work for
249compensation of any type without first being registered with or
250having submitted an affidavit of exemption to the department;
251     (2)  Make or charge for repairs which have not been
252expressly or impliedly authorized by the customer;
253     (3)  Misrepresent that repairs have been made to a motor
255     (4)  Misrepresent that certain parts and repairs are
256necessary to repair a vehicle;
257     (5)  Misrepresent that the vehicle being inspected or
258diagnosed is in a dangerous condition or that the customer's
259continued use of the vehicle may be harmful or cause great
260damage to the vehicle;
261     (6)  Fraudulently alter any customer contract, estimate,
262invoice, or other document;
263     (7)  Fraudulently misuse any customer's credit card;
264     (8)  Make or authorize in any manner or by any means
265whatever any written or oral statement which is untrue,
266deceptive or misleading, and which is known, or which by the
267exercise of reasonable care should be known, to be untrue,
268deceptive or misleading;
269     (9)  Make false promises of a character likely to
270influence, persuade, or induce a customer to authorize the
271repair, service, or maintenance of a motor vehicle;
272     (10)  Substitute used, rebuilt, salvaged, or straightened
273parts for new replacement parts without notice to the motor
274vehicle owner and to her or his insurer if the cost of repair is
275to be paid pursuant to an insurance policy and the identity of
276the insurer or its claims adjuster is disclosed to the motor
277vehicle repair shop;
278     (11)  Cause or allow a customer to sign any work order that
279does not state the repairs requested by the customer or the
280automobile's odometer reading at the time of repair;
281     (12)  Fail or refuse to give to a customer a copy of any
282document requiring the customer's signature upon completion or
283cancellation of the repair work;
284     (13)  Willfully depart from or disregard accepted practices
285and professional standards;
286     (14)  Have repair work subcontracted without the knowledge
287or consent of the customer unless the motor vehicle repair shop
288or employee thereof demonstrates that the customer could not
289reasonably have been notified;
290     (15)  Conduct the business of motor vehicle repair in a
291location other than that stated on the registration certificate;
292     (16)  Rebuild or restore a rebuilt vehicle without the
293knowledge of the owner in such a manner that it does not conform
294to the original vehicle manufacturer's established repair
295procedures or specifications and allowable tolerances for the
296particular model and year; or
297     (17)  Perform any other act that is a violation of this
298part or that constitutes fraud or misrepresentation.
299     Section 6.  Subsection (12) is added to section 559.927,
300Florida Statutes, to read:
301     559.927  Definitions.--For the purposes of this part, the
303     (12)  "Travel club" means a membership in an organization
304in which a member has the right to receive or purchase
305prearranged travel, tourist-related services, or tour-guide
306services, as such travel or services are from time-to-time
307offered, for an advance fee or payment, which may be available
308on a first-come, first-served, space-available reservation basis
309and in which a member is not granted a legal or equitable
310interest in any real property or specific right of use of any
311specific property. A travel club properly registered under this
312part shall not be deemed to be nor constitute a timeshare
313interest or timeshare plan.
314     Section 7.  Subsections (1) and (3) of section 559.928,
315Florida Statutes, are amended to read:
316     559.928  Registration.--
317     (1)  Each seller of travel shall annually register with the
318department, providing: its legal business or trade name, mailing
319address, and business locations; the full names, addresses, and
320telephone numbers, and social security numbers of its owners or
321corporate officers and directors and the Florida agent of the
322corporation; a statement whether it is a domestic or foreign
323corporation, its state and date of incorporation, its charter
324number, and, if a foreign corporation, the date it registered
325with the State of Florida, and occupational license where
326applicable; the date on which a seller of travel registered its
327fictitious name if the seller of travel is operating under a
328fictitious or trade name; the name of all other corporations,
329business entities, and trade names through which each owner of
330the seller of travel operated, was known, or did business as a
331seller of travel within the preceding 5 years; a list of all
332authorized independent agents, including the agent's trade name,
333full name, mailing address, business address, telephone numbers,
334and social security number; the business location and address of
335each branch office and full name and address of the manager or
336supervisor; and proof of purchase of adequate bond or
337establishment of a letter of credit or certificate of deposit as
338required in this part.  A certificate evidencing proof of
339registration shall be issued by the department and must be
340prominently displayed in the seller of travel's primary place of
342     (3)  Each independent agent shall annually file an
343affidavit with the department and pay a fee of $100 prior to
344engaging in business in this state. This affidavit must include
345the independent agent's full name, legal business or trade name,
346mailing address, business address, and telephone number, social
347security number, and the name or names and addresses of each
348seller of travel represented by the independent agent and must
349be accompanied by a copy of the independent agent's current
350contract with each seller of travel. A letter evidencing proof
351of filing must be issued by the department and must be
352prominently displayed in the independent agent's primary place
353of business.  As used in this subsection, the term "independent
354agent" means a person who represents a seller of travel by
355soliciting persons on its behalf; who has a written contract
356with a seller of travel which is operating in compliance with
357this part and any rules adopted thereunder; who does not receive
358a fee, commission, or other valuable consideration directly from
359the purchaser for the seller of travel; who does not at any time
360have any unissued ticket stock or travel documents in his or her
361possession; and who does not have the ability to issue tickets,
362vacation certificates, or any other travel document. The term
363"independent agent" does not include an affiliate of the seller
364of travel, as that term is used in s. 559.935(3), or the
365employees of the seller of travel or of such affiliates.
366     Section 8.  Paragraph (b) of subsection (5) and subsection
367(9) of section 616.242, Florida Statutes, are amended to read:
368     616.242  Safety standards for amusement rides.--
369     (5)  ANNUAL PERMIT.--
370     (b)  To apply for an annual permit an owner must submit to
371the department a written application on a form prescribed by
372rule of the department, which must include the following:
373     1.  The legal name, address, and primary place of business
374of the owner.
375     2.  A description, manufacturer's name, serial number,
376model number and, if previously assigned, the United States
377Amusement Identification Number of the amusement ride.
378     3.  A valid certificate of insurance or bond for each
379amusement ride.
380     4.  An affidavit of compliance that the amusement ride was
381inspected in person by the affiant and that the amusement ride
382is in general conformance with the requirements of this section
383and all applicable rules adopted by the department. The
384affidavit must be executed by a professional engineer or a
385qualified inspector no earlier than 60 days before, but not
386later than, the date of the filing of the application with the
387department. The owner shall request inspection and permitting of
388the amusement ride within 60 days of the date of filing the
389application with the department. The department shall inspect
390and permit the amusement ride within 60 days after filing the
391application with the department.
392     5.  If required by subsection (6), an affidavit of
393nondestructive testing dated and executed no earlier than 60
394days prior to, but not later than, the date of the filing of the
395application with the department. The owner shall request
396inspection and permitting of the amusement ride within 60 days
397of the date of filing the application with the department. The
398department shall inspect and permit the amusement ride within 60
399days after filing the application with the department.
400     6.  A request for inspection.
401     7.  Upon request, the owner shall, at no cost to the
402department, provide the department a copy of the manufacturer's
403current recommended operating instructions in the possession of
404the owner, the owner's operating fact sheet, and any written
405bulletins in the possession of the owner concerning the safety,
406operation, or maintenance of the amusement ride.
408     (a)  An owner may not operate an amusement ride unless the
409owner has in effect at all times of operation insurance meeting
410the following requirements:
411     1.  an insurance policy in an amount of not less than $1
412million per occurrence, $1 million in the aggregate, which
413insures the owner of the amusement ride against liability for
414injury to persons arising out of the use of the amusement ride;
416     2.  A bond in a like amount; however, the aggregate
417liability of the surety under the bond may not exceed the face
418amount thereof.
419     (b)  The policy or bond must be procured from an insurer or
420surety that is licensed to transact business in this state or
421that is approved as a surplus lines insurer.
422     (c)  The insurance requirements imposed under this
423subsection do not apply to a governmental entity that is covered
424by the provisions of s. 768.28(16).
425     Section 9.  Subsections (1) and (3) of section 849.094,
426Florida Statutes, are amended to read:
427     849.094  Game promotion in connection with sale of consumer
428products or services.--
429     (1)  As used in this section, the term:
430     (a)  "Game promotion" means, but is not limited to, a
431contest, game of chance, or gift enterprise, conducted within or
432throughout the state and other states in connection with the
433sale of consumer products or services, and in which the elements
434of chance and prize are present. However, "game promotion" shall
435not be construed to apply to bingo games conducted pursuant to
436s. 849.0931.
437     (b)  "Operator" means any person, firm, corporation, or
438association on whose behalf a game promotion is conducted or
439agent or employee thereof who promotes, operates, or conducts a
440game promotion, except any charitable nonprofit organization.
441     (3)  The operator of a game promotion in which the total
442announced value of the prizes offered is greater than $5,000
443shall file with the Department of Agriculture and Consumer
444Services a copy of the rules and regulations of the game
445promotion and a list of all prizes and prize categories offered
446at least 7 days before the commencement of the game promotion.
447Such rules and regulations may not thereafter be changed,
448modified, or altered. The operator of a game promotion shall
449conspicuously post the rules and regulations of such game
450promotion in each and every retail outlet or place where such
451game promotion may be played or participated in by the public
452and shall also publish the rules and regulations in all
453advertising copy used in connection therewith. However, such
454advertising copy need only include the material terms of the
455rules and regulations if the advertising copy includes a website
456address, a toll-free telephone number, or a mailing address
457where the full rules and regulations may be viewed, heard, or
458obtained for the full duration of the game promotion. Such
459disclosures must be legible. Radio and television announcements
460may indicate that the rules and regulations are available at
461retail outlets or from the operator of the promotion. A
462nonrefundable filing fee of $100 shall accompany each filing and
463shall be used to pay the costs incurred in administering and
464enforcing the provisions of this section.
465     Section 10.  For the purpose of incorporating the amendment
466to section 501.059, Florida Statutes, in a reference thereto,
467paragraph (a) of subsection (1) of section 501.603, Florida
468Statutes, is reenacted to read:
469     501.603  Definitions.--As used in this part, unless the
470context otherwise requires, the term:
471     (1)  "Commercial telephone solicitation" means:
472     (a)  An unsolicited telephone call to a person initiated by
473a commercial telephone seller or salesperson, or an automated
474dialing machine used in accordance with the provisions of s.
475501.059(7) for the purpose of inducing the person to purchase or
476invest in consumer goods or services;
478For purposes of this section, "other communication" means a
479written or oral notification or advertisement transmitted
480through any means. Also, for purposes of this section, "invites
481a response by telephone" does not mean the mere listing or
482including of a telephone number in a notification or
484     Section 11.  For the purpose of incorporating the amendment
485to section 559.801, Florida Statutes, in a reference thereto,
486subsection (12) of section 559.809, Florida Statutes, is
487reenacted to read:
488     559.809  Prohibited acts.--Business opportunity sellers
489shall not:
490     (12)  Misrepresent their ability or the ability of a person
491or entity providing services as defined in s. 559.801(1)(a) to
492provide locations or assist the purchaser in finding locations
493expected to have a positive impact on the success of the
494business opportunity.
495     Section 12.  The State Technology Office shall provide a
496banner on the official Internet website of the state which is
497hyperlinked to a website of the Department of Agriculture and
498Consumer Services which:
499     (1)  Aggregates a wide variety of consumer protection
500information and resources available from state agencies.
501     (2)  Features useful tools to help consumers identify which
502agencies have jurisdiction over specific subjects.
503     (3)  Includes alerts for consumers on known fraudulent
505     Section 13.  The State Technology Office shall provide a
506banner on the official Internet website of the state which is
507hyperlinked to a website of the Florida 211 Network which:
508     (1)  Profiles the information and referral system known as
509the Florida 211 Network.
510     (2)  Lists areas within the state where the network is
511available and the respective telephone numbers to access members
512of the Florida 211 network.
513     Section 14.  Subsections (3), (6), and (7) of section
514570.544, Florida Statutes, are amended to read:
515     570.544  Division of Consumer Services; director; powers;
516processing of complaints; records.--
517     (3)  In addition to the powers, duties, and
518responsibilities authorized by this or any other chapter, the
519Division of Consumer Services shall serve as the state a
520clearinghouse for matters relating to consumer protection,
521consumer information, and consumer services generally. It shall
522receive complaints and grievances from consumers and promptly
523transmit them to that agency most directly concerned in order
524that the complaint or grievance may be expeditiously handled in
525the best interests of the complaining consumer. If no agency
526exists, the Division of Consumer Services shall seek a
527settlement of the complaint using formal or informal methods of
528mediation and conciliation and may seek any other resolution of
529the matter in accordance with its jurisdiction.
530     (6)(a)  The office or agency to which a complaint has been
531referred shall within 30 days acknowledge receipt of the
532complaint and report on the disposition made of the complaint.
533In the event a complaint has not been disposed of within 30
534days, the receiving office or agency shall file progress reports
535with the Division of Consumer Services no less frequently than
53630 days until final disposition.
537     (b)  The report shall contain at least the following
539     1.  A finding of whether the receiving agency has
540jurisdiction of the subject matter involved in the complaint.
541     2.  Whether the complaint is deemed to be frivolous, sham,
542or without basis in fact or law.
543     3.  What action has been taken and a report on whether the
544original complainant was satisfied with the final disposition.
545     4.  Any recommendation regarding needed changes in law or
546procedure which in the opinion of the reporting agency or office
547will improve consumer protection in the area involved.
548     (7)(a)  If the office or agency receiving a complaint fails
549to file a report as contemplated in this section, that failure
550shall be construed as a denial by the receiving office or agency
551that it has jurisdiction of the subject matter contained in the
553     (b)  If an office or agency receiving a complaint
554determines that the matter presents a prima facie case for
555criminal prosecution or if the complaint cannot be settled at
556the administrative level, the complaint together with all
557supporting evidence shall be transmitted to the Department of
558Legal Affairs or other appropriate enforcement agency with a
559recommendation for civil or criminal action warranted by the
561     Section 15.  Effective July 1, 2005, the sum of $140,000 is
562appropriated from the General Revenue Fund to the Department of
563Agriculture and Consumer Services for the purpose of upgrading
564the department's computer system used to process consumer
565complaints. In addition, the sum of $120,000 and two full-time
566equivalent positions are appropriated from the General Revenue
567Fund to the Department of Agriculture and Consumer Services for
568the purpose of providing additional resources for the
569department's complaint clearinghouse.
570     Section 16.  Section 526.3135, Florida Statutes, is amended
571to read:
572     526.3135  Reports by the Division of Standards.--The
573Division of Standards is directed to compile a report pursuant
574to s. 570.544 of all complaints received by the Department of
575Agriculture and Consumer Services pursuant to this act. Such
576report shall contain at least the information required by s.
577570.544(6)(b)2.-4. and shall be presented to the Speaker of the
578House of Representatives and the President of the Senate no
579later than January 1 of each year.
580     Section 17.  Except as otherwise provided herein, this act
581shall take effect October 1, 2005.

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