HB 0833

CS

CHAMBER ACTION

1	The Civil Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to consumer protection; amending s.
8	493.6303, F.S.; revising training requirements for
9	obtaining a Class "D" license; requiring a minimum number
10	of hours of training in terrorism awareness or other
11	training prescribed by the Department of Agriculture and
12	Consumer Services; providing a timeframe for submitting
13	proof of having completed the training; revising the
14	number of training hours required; amending s. 501.059,
15	F.S.; prohibiting the transmission of facsimile documents
16	under certain circumstances; providing for attorney's fees
17	and for the recovery of certain litigation expenses by the
18	department and the Department of Legal Affairs; repealing
19	ss. 546.001, 546.002, 546.003, 546.004, 546.006, and
20	546.008, F.S., relating to the "Amusement Ride and
21	Attraction Insurance Act"; amending s. 559.801, F.S.;
22	redefining the term "business opportunity" for purposes of
23	the "Sale of Business Opportunities Act"; amending s.
24	559.920, F.S.; revising actions by motor vehicle repair
25	shops or employees which are unlawful; amending s.
26	559.927, F.S.; providing a definition of "travel club";
27	amending s. 559.928, F.S.; revising information to be
28	submitted for registration as a seller of travel and
29	information submitted by independent agents; requiring the
30	payment of an annual fee by independent agents; amending
31	s. 616.242, F.S.; deleting provisions authorizing the
32	owner of an amusement ride to maintain liability
33	protection in the form of a surety bond; exempting certain
34	governmental entities from a requirement to maintain
35	liability protection covering amusement rides; amending s.
36	849.094, F.S.; redefining the term "operator" for purposes
37	of the regulation of game promotions in connection with
38	the sale of consumer products or services; providing that
39	the operator of certain game promotions need only include
40	the material terms of the rules and regulations of the
41	game in advertising copy used in connection therewith
42	under specified conditions; reenacting s. 501.603(1)(a),
43	F.S., which defines "commercial telephone solicitation";
44	reenacting s. 559.809(12), F.S., which specifies
45	prohibited acts under the "Sale of Business Opportunities
46	Act"; directing the State Technology Office to integrate
47	additional features into the state's official Internet
48	website; directing the State Technology Office to
49	integrate information concerning the Florida 211 Network
50	into the state's official Internet website; amending s.
51	570.544, F.S.; designating the Division of Consumer
52	Services within the Department of Agriculture and Consumer
53	Services as the state clearinghouse for matters relating
54	to consumer protection, consumer information, and consumer
55	services; deleting certain reporting requirements;
56	providing appropriations and authorizing additional
57	positions; amending s. 526.3135, F.S.; correcting a cross
58	reference, to conform; providing effective dates.
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.  Section 493.6303, Florida Statutes, is amended
63	to read:
64	493.6303  License requirements.--In addition to the license
65	requirements set forth elsewhere in this chapter, each
66	individual or agency shall comply with the following additional
67	requirements:
68	(1)  Each agency or branch office shall designate a minimum
69	of one appropriately licensed individual to act as manager,
70	directing the activities of the Class "D" employees.
71	(2)  An applicant for a Class "MB" license shall have 2
72	years of lawfully gained, verifiable, full-time experience, or
73	training in:
74	(a)  Security work or related fields of work that provided
75	equivalent experience or training;
76	(b)  Experience described in paragraph (a) for 1 year and
77	experience described in paragraph (c) for 1 year;
78	(c)  No more than 1 year using:
79	1.  Either college coursework related to criminal justice,
80	criminology, or law enforcement administration; or
81	2.  Successfully completed law enforcement-related training
82	received from any federal, state, county, or municipal agency;
83	or
84	(d)  Experience described in paragraph (a) for 1 year and
85	work in a managerial or supervisory capacity for 1 year.
86	(3)  An applicant for a Class "M" license shall qualify for
87	licensure as a Class "MA" manager as outlined under s.
88	493.6203(2) and as a Class "MB" manager as outlined under
89	subsection (2).
90	(4)(a)  Effective January 1, 2006 October 1, 1994, an
91	applicant for a Class "D" license must complete have completed a
92	minimum of 44 40 hours of professional training administered by
93	at a school or training facility licensed by the department. The
94	department shall by rule establish the general content and
95	number of hours of all the training. Such training must include
96	at least 8 hours of instruction in terrorism awareness or other
97	special training prescribed by the department.
98	(b)  An applicant may fulfill the training requirement
99	prescribed in paragraph (a) by submitting proof of:
100	1.  Successful completion of the total number of required
101	40 hours of training before initial application for a Class "D"
102	license; or
103	2.  Successful completion of 24 hours of training before
104	initial application for, and the remaining 16 hours of training
105	within 180 days after the date upon the first application is
106	submitted for renewal of, a Class "D" license. If documentation
107	of completion of the required training is not submitted within
108	the specified timeframe, the individual's license is
109	automatically suspended until such time as proof of the required
110	training is provided to the department. However, Individuals
111	licensed before October 1, 1994, or individuals who have
112	successfully completed 40 hours of professional training before
113	January 1, 2006, at a school or training facility licensed by
114	the department are exempt from the training requirements of
115	paragraph (a) need not complete additional training hours in
116	order to renew their licenses.
117
118	However, any person whose license has been revoked or whose
119	license has been expired for 1 year or longer is considered,
120	upon reapplication for a license, an initial applicant and must
121	submit proof of successful completion of the total number of
122	required 40 hours of professional training at a school or
123	training facility licensed by the department.
124	(5)  An applicant for a Class "G" license shall satisfy the
125	firearms training outlined in s. 493.6115.
126	Section 2.  Subsections (7), (8), and (9) of section
127	501.059, 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
130	telephonic sales call to be made if the such call involves an
131	automated system for the selection or dialing of telephone
132	numbers or the playing of a recorded message when a connection
133	is completed to a number called.
134	(b)  Nothing herein prohibits the use of an automated
135	telephone dialing system with live messages if the calls are
136	made or messages given solely in response to calls initiated by
137	the persons to whom the automatic calls or live messages are
138	directed or if the telephone numbers selected for automatic
139	dialing have been screened to exclude any telephone subscriber
140	who is included on the department's then-current "no sales
141	solicitation calls" listing or any unlisted telephone number, or
142	if the calls made concern goods or services that have been
143	previously ordered or purchased.
144	(c)  A person may not transmit or knowingly allow the
145	transmission of a facsimile of documents through connection with
146	a telephone network if the facsimile transmission involves
147	unsolicited advertising material for the sale of any real
148	property, goods, or services.
149	(8)  The department shall investigate any complaints
150	received concerning violations of this section.  If, after
151	investigating any complaint, the department finds that there has
152	been a violation of this section, the department or the
153	Department of Legal Affairs may bring an action to impose a
154	civil penalty and to seek other relief, including injunctive
155	relief, as the court deems appropriate against the telephone
156	solicitor.  The civil penalty shall not exceed $10,000 per
157	violation and shall be deposited in the General Inspection Trust
158	Fund if the action or proceeding was brought by the department,
159	or the Legal Affairs Revolving Trust Fund if the action or
160	proceeding was brought by the Department of Legal Affairs. This
161	civil penalty may be recovered in any action brought under this
162	part by the department, or the department may terminate any
163	investigation or action upon agreement by the person to pay an
164	agreed-upon a stipulated civil penalty.  The department or the
165	court may waive any civil penalty if the person has previously
166	made full restitution or reimbursement or has paid actual
167	damages to the consumers who have been injured by the violation.
168	(9)(a)  In any civil litigation resulting from a
169	transaction involving a violation of this section, the
170	prevailing party, after judgment in the trial court and
171	exhaustion of all appeals, if any, shall receive his or her
172	reasonable attorney's fees and costs from the nonprevailing
173	party.
174	(b)  The attorney for the prevailing party shall submit a
175	sworn affidavit of his or her time spent on the case and his or
176	her costs incurred for all the motions, hearings, and appeals to
177	the trial judge who presided over the civil case.
178	(c)  The trial judge shall award the prevailing party the
179	sum of reasonable costs incurred in the action plus a reasonable
180	legal fee for the hours actually spent on the case as sworn to
181	in an affidavit.
182	(d)  Any award of attorney's fees or costs shall become a
183	part of the judgment and subject to execution as the law allows.
184	(e)  In any civil litigation initiated by the department or
185	the Department of Legal Affairs, the court shall may award to
186	the prevailing party reasonable attorney's fees and costs if the
187	court finds that there was a complete absence of a justiciable
188	issue of either law or fact raised by the losing party or if the
189	court finds bad faith on the part of the losing party. Travel
190	and per diem expenses incurred by the department or the
191	Department of Legal Affairs for its attorneys and witnesses
192	shall be recoverable costs by the department or the Department
193	of Legal Affairs if either party prevails in civil litigation.
194	Section 3.  Sections 546.001, 546.002, 546.003, 546.004,
195	546.006, and 546.008, Florida Statutes, are repealed.
196	Section 4.  Paragraph (a) of subsection (1) of section
197	559.801, Florida Statutes, is amended to read:
198	559.801  Definitions.--For the purpose of ss. 559.80-
199	559.80-559.815, the term:
200	(1)(a)  "Business opportunity" means the sale or lease of
201	any products, equipment, supplies, or services which are sold or
202	leased to a purchaser to enable the purchaser to start a
203	business for which the purchaser is required to pay an initial
204	fee or sum of money which exceeds $500 to the seller, and in
205	which the seller represents:
206	1.  That the seller or person or entity affiliated with or
207	referred by the seller will provide locations, either
208	contemporaneously at the time of the sale or lease or at a
209	future time, or assist the purchaser in finding locations for
210	the use or operation of vending machines, racks, display cases,
211	currency or card operated equipment, or other similar devices or
212	currency-operated amusement machines or devices on premises
213	neither owned nor leased by the purchaser or seller;
214	2.  That the seller will purchase, either contemporaneously
215	at the time of the sale or lease or at a future time, any or all
216	products made, produced, fabricated, grown, bred, or modified by
217	the purchaser using in whole or in part the supplies, services,
218	or chattels sold to the purchaser;
219	3.  That the seller guarantees that the purchaser will
220	derive income from the business opportunity which exceeds the
221	price paid or rent charged for the business opportunity or that
222	the seller will refund all or part of the price paid or rent
223	charged for the business opportunity, or will repurchase any of
224	the products, equipment, supplies, or chattels supplied by the
225	seller, if the purchaser is unsatisfied with the business
226	opportunity; or
227	4.  That the seller will provide, either contemporaneously
228	at the time of the sale or lease or at a future time, a sales
229	program or marketing program that will enable the purchaser to
230	derive income from the business opportunity, except that this
231	paragraph does not apply to the sale of a sales program or
232	marketing program made in conjunction with the licensing of a
233	trademark or service mark that is registered under the laws of
234	any state or of the United States if the seller requires use of
235	the trademark or service mark in the sales agreement.
236
237	For the purpose of subparagraph 1., the term "assist the
238	purchaser in finding locations" means, but is not limited to,
239	supplying the purchaser with names of locator companies,
240	contracting with the purchaser to provide assistance or supply
241	names, or collecting a fee on behalf of or for a locator
242	company.
243	Section 5.  Section 559.920, Florida Statutes, is amended
244	to read:
245	559.920  Unlawful acts and practices.--It shall be a
246	violation of this act for any motor vehicle repair shop or
247	employee thereof to:
248	(1)  Engage or attempt to engage in repair work for
249	compensation of any type without first being registered with or
250	having submitted an affidavit of exemption to the department;
251	(2)  Make or charge for repairs which have not been
252	expressly or impliedly authorized by the customer;
253	(3)  Misrepresent that repairs have been made to a motor
254	vehicle;
255	(4)  Misrepresent that certain parts and repairs are
256	necessary to repair a vehicle;
257	(5)  Misrepresent that the vehicle being inspected or
258	diagnosed is in a dangerous condition or that the customer's
259	continued use of the vehicle may be harmful or cause great
260	damage to the vehicle;
261	(6)  Fraudulently alter any customer contract, estimate,
262	invoice, or other document;
263	(7)  Fraudulently misuse any customer's credit card;
264	(8)  Make or authorize in any manner or by any means
265	whatever any written or oral statement which is untrue,
266	deceptive or misleading, and which is known, or which by the
267	exercise of reasonable care should be known, to be untrue,
268	deceptive or misleading;
269	(9)  Make false promises of a character likely to
270	influence, persuade, or induce a customer to authorize the
271	repair, service, or maintenance of a motor vehicle;
272	(10)  Substitute used, rebuilt, salvaged, or straightened
273	parts for new replacement parts without notice to the motor
274	vehicle owner and to her or his insurer if the cost of repair is
275	to be paid pursuant to an insurance policy and the identity of
276	the insurer or its claims adjuster is disclosed to the motor
277	vehicle repair shop;
278	(11)  Cause or allow a customer to sign any work order that
279	does not state the repairs requested by the customer or the
280	automobile's odometer reading at the time of repair;
281	(12)  Fail or refuse to give to a customer a copy of any
282	document requiring the customer's signature upon completion or
283	cancellation of the repair work;
284	(13)  Willfully depart from or disregard accepted practices
285	and professional standards;
286	(14)  Have repair work subcontracted without the knowledge
287	or consent of the customer unless the motor vehicle repair shop
288	or employee thereof demonstrates that the customer could not
289	reasonably have been notified;
290	(15)  Conduct the business of motor vehicle repair in a
291	location other than that stated on the registration certificate;
292	(16)  Rebuild or restore a rebuilt vehicle without the
293	knowledge of the owner in such a manner that it does not conform
294	to the original vehicle manufacturer's established repair
295	procedures or specifications and allowable tolerances for the
296	particular model and year; or
297	(17)  Perform any other act that is a violation of this
298	part or that constitutes fraud or misrepresentation.
299	Section 6.  Subsection (12) is added to section 559.927,
300	Florida Statutes, to read:
301	559.927  Definitions.--For the purposes of this part, the
302	term:
303	(12)  "Travel club" means a membership in an organization
304	in which a member has the right to receive or purchase
305	prearranged travel, tourist-related services, or tour-guide
306	services, as such travel or services are from time-to-time
307	offered, for an advance fee or payment, which may be available
308	on a first-come, first-served, space-available reservation basis
309	and in which a member is not granted a legal or equitable
310	interest in any real property or specific right of use of any
311	specific property. A travel club properly registered under this
312	part shall not be deemed to be nor constitute a timeshare
313	interest or timeshare plan.
314	Section 7.  Subsections (1) and (3) of section 559.928,
315	Florida Statutes, are amended to read:
316	559.928  Registration.--
317	(1)  Each seller of travel shall annually register with the
318	department, providing: its legal business or trade name, mailing
319	address, and business locations; the full names, addresses, and
320	telephone numbers, and social security numbers of its owners or
321	corporate officers and directors and the Florida agent of the
322	corporation; a statement whether it is a domestic or foreign
323	corporation, its state and date of incorporation, its charter
324	number, and, if a foreign corporation, the date it registered
325	with the State of Florida, and occupational license where
326	applicable; the date on which a seller of travel registered its
327	fictitious name if the seller of travel is operating under a
328	fictitious or trade name; the name of all other corporations,
329	business entities, and trade names through which each owner of
330	the seller of travel operated, was known, or did business as a
331	seller of travel within the preceding 5 years; a list of all
332	authorized independent agents, including the agent's trade name,
333	full name, mailing address, business address, telephone numbers,
334	and social security number; the business location and address of
335	each branch office and full name and address of the manager or
336	supervisor; and proof of purchase of adequate bond or
337	establishment of a letter of credit or certificate of deposit as
338	required in this part.  A certificate evidencing proof of
339	registration shall be issued by the department and must be
340	prominently displayed in the seller of travel's primary place of
341	business.
342	(3)  Each independent agent shall annually file an
343	affidavit with the department and pay a fee of $100 prior to
344	engaging in business in this state. This affidavit must include
345	the independent agent's full name, legal business or trade name,
346	mailing address, business address, and telephone number, social
347	security number, and the name or names and addresses of each
348	seller of travel represented by the independent agent and must
349	be accompanied by a copy of the independent agent's current
350	contract with each seller of travel. A letter evidencing proof
351	of filing must be issued by the department and must be
352	prominently displayed in the independent agent's primary place
353	of business.  As used in this subsection, the term "independent
354	agent" means a person who represents a seller of travel by
355	soliciting persons on its behalf; who has a written contract
356	with a seller of travel which is operating in compliance with
357	this part and any rules adopted thereunder; who does not receive
358	a fee, commission, or other valuable consideration directly from
359	the purchaser for the seller of travel; who does not at any time
360	have any unissued ticket stock or travel documents in his or her
361	possession; and who does not have the ability to issue tickets,
362	vacation certificates, or any other travel document. The term
363	"independent agent" does not include an affiliate of the seller
364	of travel, as that term is used in s. 559.935(3), or the
365	employees 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
371	the department a written application on a form prescribed by
372	rule of the department, which must include the following:
373	1.  The legal name, address, and primary place of business
374	of the owner.
375	2.  A description, manufacturer's name, serial number,
376	model number and, if previously assigned, the United States
377	Amusement Identification Number of the amusement ride.
378	3.  A valid certificate of insurance or bond for each
379	amusement ride.
380	4.  An affidavit of compliance that the amusement ride was
381	inspected in person by the affiant and that the amusement ride
382	is in general conformance with the requirements of this section
383	and all applicable rules adopted by the department. The
384	affidavit must be executed by a professional engineer or a
385	qualified inspector no earlier than 60 days before, but not
386	later than, the date of the filing of the application with the
387	department. The owner shall request inspection and permitting of
388	the amusement ride within 60 days of the date of filing the
389	application with the department. The department shall inspect
390	and permit the amusement ride within 60 days after filing the
391	application with the department.
392	5.  If required by subsection (6), an affidavit of
393	nondestructive testing dated and executed no earlier than 60
394	days prior to, but not later than, the date of the filing of the
395	application with the department. The owner shall request
396	inspection and permitting of the amusement ride within 60 days
397	of the date of filing the application with the department. The
398	department shall inspect and permit the amusement ride within 60
399	days 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
402	department, provide the department a copy of the manufacturer's
403	current recommended operating instructions in the possession of
404	the owner, the owner's operating fact sheet, and any written
405	bulletins in the possession of the owner concerning the safety,
406	operation, or maintenance of the amusement ride.
407	(9)  INSURANCE REQUIREMENTS.--
408	(a)  An owner may not operate an amusement ride unless the
409	owner has in effect at all times of operation insurance meeting
410	the following requirements:
411	1.  an insurance policy in an amount of not less than $1
412	million per occurrence, $1 million in the aggregate, which
413	insures the owner of the amusement ride against liability for
414	injury to persons arising out of the use of the amusement ride;
415	or
416	2.  A bond in a like amount; however, the aggregate
417	liability of the surety under the bond may not exceed the face
418	amount thereof.
419	(b)  The policy or bond must be procured from an insurer or
420	surety that is licensed to transact business in this state or
421	that is approved as a surplus lines insurer.
422	(c)  The insurance requirements imposed under this
423	subsection do not apply to a governmental entity that is covered
424	by the provisions of s. 768.28(16).
425	Section 9.  Subsections (1) and (3) of section 849.094,
426	Florida Statutes, are amended to read:
427	849.094  Game promotion in connection with sale of consumer
428	products or services.--
429	(1)  As used in this section, the term:
430	(a)  "Game promotion" means, but is not limited to, a
431	contest, game of chance, or gift enterprise, conducted within or
432	throughout the state and other states in connection with the
433	sale of consumer products or services, and in which the elements
434	of chance and prize are present. However, "game promotion" shall
435	not be construed to apply to bingo games conducted pursuant to
436	s. 849.0931.
437	(b)  "Operator" means any person, firm, corporation, or
438	association on whose behalf a game promotion is conducted or
439	agent or employee thereof who promotes, operates, or conducts a
440	game promotion, except any charitable nonprofit organization.
441	(3)  The operator of a game promotion in which the total
442	announced value of the prizes offered is greater than $5,000
443	shall file with the Department of Agriculture and Consumer
444	Services a copy of the rules and regulations of the game
445	promotion and a list of all prizes and prize categories offered
446	at least 7 days before the commencement of the game promotion.
447	Such rules and regulations may not thereafter be changed,
448	modified, or altered. The operator of a game promotion shall
449	conspicuously post the rules and regulations of such game
450	promotion in each and every retail outlet or place where such
451	game promotion may be played or participated in by the public
452	and shall also publish the rules and regulations in all
453	advertising copy used in connection therewith. However, such
454	advertising copy need only include the material terms of the
455	rules and regulations if the advertising copy includes a website
456	address, a toll-free telephone number, or a mailing address
457	where the full rules and regulations may be viewed, heard, or
458	obtained for the full duration of the game promotion. Such
459	disclosures must be legible. Radio and television announcements
460	may indicate that the rules and regulations are available at
461	retail outlets or from the operator of the promotion. A
462	nonrefundable filing fee of $100 shall accompany each filing and
463	shall be used to pay the costs incurred in administering and
464	enforcing the provisions of this section.
465	Section 10.  For the purpose of incorporating the amendment
466	to section 501.059, Florida Statutes, in a reference thereto,
467	paragraph (a) of subsection (1) of section 501.603, Florida
468	Statutes, is reenacted to read:
469	501.603  Definitions.--As used in this part, unless the
470	context otherwise requires, the term:
471	(1)  "Commercial telephone solicitation" means:
472	(a)  An unsolicited telephone call to a person initiated by
473	a commercial telephone seller or salesperson, or an automated
474	dialing machine used in accordance with the provisions of s.
475	501.059(7) for the purpose of inducing the person to purchase or
476	invest in consumer goods or services;
477
478	For purposes of this section, "other communication" means a
479	written or oral notification or advertisement transmitted
480	through any means. Also, for purposes of this section, "invites
481	a response by telephone" does not mean the mere listing or
482	including of a telephone number in a notification or
483	advertisement.
484	Section 11.  For the purpose of incorporating the amendment
485	to section 559.801, Florida Statutes, in a reference thereto,
486	subsection (12) of section 559.809, Florida Statutes, is
487	reenacted to read:
488	559.809  Prohibited acts.--Business opportunity sellers
489	shall not:
490	(12)  Misrepresent their ability or the ability of a person
491	or entity providing services as defined in s. 559.801(1)(a) to
492	provide locations or assist the purchaser in finding locations
493	expected to have a positive impact on the success of the
494	business opportunity.
495	Section 12.  The State Technology Office shall provide a
496	banner on the official Internet website of the state which is
497	hyperlinked to a website of the Department of Agriculture and
498	Consumer Services which:
499	(1)  Aggregates a wide variety of consumer protection
500	information and resources available from state agencies.
501	(2)  Features useful tools to help consumers identify which
502	agencies have jurisdiction over specific subjects.
503	(3)  Includes alerts for consumers on known fraudulent
504	practices.
505	Section 13.  The State Technology Office shall provide a
506	banner on the official Internet website of the state which is
507	hyperlinked to a website of the Florida 211 Network which:
508	(1)  Profiles the information and referral system known as
509	the Florida 211 Network.
510	(2)  Lists areas within the state where the network is
511	available and the respective telephone numbers to access members
512	of the Florida 211 network.
513	Section 14.  Subsections (3), (6), and (7) of section
514	570.544, Florida Statutes, are amended to read:
515	570.544  Division of Consumer Services; director; powers;
516	processing of complaints; records.--
517	(3)  In addition to the powers, duties, and
518	responsibilities authorized by this or any other chapter, the
519	Division of Consumer Services shall serve as the state a
520	clearinghouse for matters relating to consumer protection,
521	consumer information, and consumer services generally. It shall
522	receive complaints and grievances from consumers and promptly
523	transmit them to that agency most directly concerned in order
524	that the complaint or grievance may be expeditiously handled in
525	the best interests of the complaining consumer. If no agency
526	exists, the Division of Consumer Services shall seek a
527	settlement of the complaint using formal or informal methods of
528	mediation and conciliation and may seek any other resolution of
529	the matter in accordance with its jurisdiction.
530	(6)(a)  The office or agency to which a complaint has been
531	referred shall within 30 days acknowledge receipt of the
532	complaint and report on the disposition made of the complaint.
533	In the event a complaint has not been disposed of within 30
534	days, the receiving office or agency shall file progress reports
535	with the Division of Consumer Services no less frequently than
536	30 days until final disposition.
537	(b)  The report shall contain at least the following
538	information:
539	1.  A finding of whether the receiving agency has
540	jurisdiction of the subject matter involved in the complaint.
541	2.  Whether the complaint is deemed to be frivolous, sham,
542	or without basis in fact or law.
543	3.  What action has been taken and a report on whether the
544	original complainant was satisfied with the final disposition.
545	4.  Any recommendation regarding needed changes in law or
546	procedure which in the opinion of the reporting agency or office
547	will improve consumer protection in the area involved.
548	(7)(a)  If the office or agency receiving a complaint fails
549	to file a report as contemplated in this section, that failure
550	shall be construed as a denial by the receiving office or agency
551	that it has jurisdiction of the subject matter contained in the
552	complaint.
553	(b)  If an office or agency receiving a complaint
554	determines that the matter presents a prima facie case for
555	criminal prosecution or if the complaint cannot be settled at
556	the administrative level, the complaint together with all
557	supporting evidence shall be transmitted to the Department of
558	Legal Affairs or other appropriate enforcement agency with a
559	recommendation for civil or criminal action warranted by the
560	evidence.
561	Section 15.  Effective July 1, 2005, the sum of $140,000 is
562	appropriated from the General Revenue Fund to the Department of
563	Agriculture and Consumer Services for the purpose of upgrading
564	the department's computer system used to process consumer
565	complaints. In addition, the sum of $120,000 and two full-time
566	equivalent positions are appropriated from the General Revenue
567	Fund to the Department of Agriculture and Consumer Services for
568	the purpose of providing additional resources for the
569	department's complaint clearinghouse.
570	Section 16.  Section 526.3135, Florida Statutes, is amended
571	to read:
572	526.3135  Reports by the Division of Standards.--The
573	Division of Standards is directed to compile a report pursuant
574	to s. 570.544 of all complaints received by the Department of
575	Agriculture and Consumer Services pursuant to this act. Such
576	report shall contain at least the information required by s.
577	570.544(6)(b)2.-4. and shall be presented to the Speaker of the
578	House of Representatives and the President of the Senate no
579	later than January 1 of each year.
580	Section 17.  Except as otherwise provided herein, this act
581	shall take effect October 1, 2005.

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