HB 0833

CS

CHAMBER ACTION

1	The Agriculture & Environment Appropriations Committee
2	recommends the following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6
7	A bill to be entitled
8	An act relating to consumer protection; amending s.
9	493.6303, F.S.; revising training requirements for
10	obtaining a Class "D" license; requiring a minimum number
11	of hours of training in terrorism awareness or other
12	training prescribed by the Department of Agriculture and
13	Consumer Services; providing a timeframe for submitting
14	proof of having completed the training; revising the
15	number of training hours required; amending s. 501.059,
16	F.S.; prohibiting the transmission of facsimile documents
17	under certain circumstances; providing for attorney's fees
18	and for the recovery of certain litigation expenses by the
19	department and the Department of Legal Affairs; repealing
20	ss. 546.001, 546.002, 546.003, 546.004, 546.006, and
21	546.008, F.S., relating to the "Amusement Ride and
22	Attraction Insurance Act"; amending s. 559.801, F.S.;
23	redefining the term "business opportunity" for purposes of
24	the "Sale of Business Opportunities Act"; amending s.
25	559.920, F.S.; revising actions by motor vehicle repair
26	shops or employees which are unlawful; amending s.
27	559.927, F.S.; providing a definition of "travel club";
28	amending s. 559.928, F.S.; revising information to be
29	submitted for registration as a seller of travel and
30	information submitted by independent agents; requiring the
31	payment of an annual fee by independent agents; amending
32	s. 616.242, F.S.; deleting provisions authorizing the
33	owner of an amusement ride to maintain liability
34	protection in the form of a surety bond; exempting certain
35	governmental entities from a requirement to maintain
36	liability protection covering amusement rides; amending s.
37	849.094, F.S.; redefining the term "operator" for purposes
38	of the regulation of game promotions in connection with
39	the sale of consumer products or services; providing that
40	the operator of certain game promotions need only include
41	the material terms of the rules and regulations of the
42	game in advertising copy used in connection therewith
43	under specified conditions; reenacting s. 501.603(1)(a),
44	F.S., which defines "commercial telephone solicitation";
45	reenacting s. 559.809(12), F.S., which specifies
46	prohibited acts under the "Sale of Business Opportunities
47	Act"; directing the State Technology Office to integrate
48	additional features into the state's official Internet
49	website; directing the State Technology Office to
50	integrate information concerning the Florida 211 Network
51	into the state's official Internet website; amending s.
52	570.544, F.S.; designating the Division of Consumer
53	Services within the Department of Agriculture and Consumer
54	Services as the state clearinghouse for matters relating
55	to consumer protection, consumer information, and consumer
56	services; deleting certain reporting requirements;
57	amending s. 526.3135, F.S.; correcting a cross reference,
58	to conform; providing an effective date.
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 for deposit
344	in the General Inspection Trust Fund of the department prior to
345	engaging in business in this state. This affidavit must include
346	the independent agent's full name, legal business or trade name,
347	mailing address, business address, and telephone number, social
348	security number, and the name or names and addresses of each
349	seller of travel represented by the independent agent and must
350	be accompanied by a copy of the independent agent's current
351	contract with each seller of travel. A letter evidencing proof
352	of filing must be issued by the department and must be
353	prominently displayed in the independent agent's primary place
354	of business.  As used in this subsection, the term "independent
355	agent" means a person who represents a seller of travel by
356	soliciting persons on its behalf; who has a written contract
357	with a seller of travel which is operating in compliance with
358	this part and any rules adopted thereunder; who does not receive
359	a fee, commission, or other valuable consideration directly from
360	the purchaser for the seller of travel; who does not at any time
361	have any unissued ticket stock or travel documents in his or her
362	possession; and who does not have the ability to issue tickets,
363	vacation certificates, or any other travel document. The term
364	"independent agent" does not include an affiliate of the seller
365	of travel, as that term is used in s. 559.935(3), or the
366	employees of the seller of travel or of such affiliates.
367	Section 8.  Paragraph (b) of subsection (5) and subsection
368	(9) of section 616.242, Florida Statutes, are amended to read:
369	616.242  Safety standards for amusement rides.--
370	(5)  ANNUAL PERMIT.--
371	(b)  To apply for an annual permit an owner must submit to
372	the department a written application on a form prescribed by
373	rule of the department, which must include the following:
374	1.  The legal name, address, and primary place of business
375	of the owner.
376	2.  A description, manufacturer's name, serial number,
377	model number and, if previously assigned, the United States
378	Amusement Identification Number of the amusement ride.
379	3.  A valid certificate of insurance or bond for each
380	amusement ride.
381	4.  An affidavit of compliance that the amusement ride was
382	inspected in person by the affiant and that the amusement ride
383	is in general conformance with the requirements of this section
384	and all applicable rules adopted by the department. The
385	affidavit must be executed by a professional engineer or a
386	qualified inspector no earlier than 60 days before, but not
387	later than, the date of the filing of the application with the
388	department. The owner shall request inspection and permitting of
389	the amusement ride within 60 days of the date of filing the
390	application with the department. The department shall inspect
391	and permit the amusement ride within 60 days after filing the
392	application with the department.
393	5.  If required by subsection (6), an affidavit of
394	nondestructive testing dated and executed no earlier than 60
395	days prior to, but not later than, the date of the filing of the
396	application with the department. The owner shall request
397	inspection and permitting of the amusement ride within 60 days
398	of the date of filing the application with the department. The
399	department shall inspect and permit the amusement ride within 60
400	days after filing the application with the department.
401	6.  A request for inspection.
402	7.  Upon request, the owner shall, at no cost to the
403	department, provide the department a copy of the manufacturer's
404	current recommended operating instructions in the possession of
405	the owner, the owner's operating fact sheet, and any written
406	bulletins in the possession of the owner concerning the safety,
407	operation, or maintenance of the amusement ride.
408	(9)  INSURANCE REQUIREMENTS.--
409	(a)  An owner may not operate an amusement ride unless the
410	owner has in effect at all times of operation insurance meeting
411	the following requirements:
412	1.  an insurance policy in an amount of not less than $1
413	million per occurrence, $1 million in the aggregate, which
414	insures the owner of the amusement ride against liability for
415	injury to persons arising out of the use of the amusement ride;
416	or
417	2.  A bond in a like amount; however, the aggregate
418	liability of the surety under the bond may not exceed the face
419	amount thereof.
420	(b)  The policy or bond must be procured from an insurer or
421	surety that is licensed to transact business in this state or
422	that is approved as a surplus lines insurer.
423	(c)  The insurance requirements imposed under this
424	subsection do not apply to a governmental entity that is covered
425	by the provisions of s. 768.28(16).
426	Section 9.  Subsections (1) and (3) of section 849.094,
427	Florida Statutes, are amended to read:
428	849.094  Game promotion in connection with sale of consumer
429	products or services.--
430	(1)  As used in this section, the term:
431	(a)  "Game promotion" means, but is not limited to, a
432	contest, game of chance, or gift enterprise, conducted within or
433	throughout the state and other states in connection with the
434	sale of consumer products or services, and in which the elements
435	of chance and prize are present. However, "game promotion" shall
436	not be construed to apply to bingo games conducted pursuant to
437	s. 849.0931.
438	(b)  "Operator" means any person, firm, corporation, or
439	association on whose behalf a game promotion is conducted or
440	agent or employee thereof who promotes, operates, or conducts a
441	game promotion, except any charitable nonprofit organization.
442	(3)  The operator of a game promotion in which the total
443	announced value of the prizes offered is greater than $5,000
444	shall file with the Department of Agriculture and Consumer
445	Services a copy of the rules and regulations of the game
446	promotion and a list of all prizes and prize categories offered
447	at least 7 days before the commencement of the game promotion.
448	Such rules and regulations may not thereafter be changed,
449	modified, or altered. The operator of a game promotion shall
450	conspicuously post the rules and regulations of such game
451	promotion in each and every retail outlet or place where such
452	game promotion may be played or participated in by the public
453	and shall also publish the rules and regulations in all
454	advertising copy used in connection therewith. However, such
455	advertising copy need only include the material terms of the
456	rules and regulations if the advertising copy includes a website
457	address, a toll-free telephone number, or a mailing address
458	where the full rules and regulations may be viewed, heard, or
459	obtained for the full duration of the game promotion. Such
460	disclosures must be legible. Radio and television announcements
461	may indicate that the rules and regulations are available at
462	retail outlets or from the operator of the promotion. A
463	nonrefundable filing fee of $100 shall accompany each filing and
464	shall be used to pay the costs incurred in administering and
465	enforcing the provisions of this section.
466	Section 10.  For the purpose of incorporating the amendment
467	to section 501.059, Florida Statutes, in a reference thereto,
468	paragraph (a) of subsection (1) of section 501.603, Florida
469	Statutes, is reenacted to read:
470	501.603  Definitions.--As used in this part, unless the
471	context otherwise requires, the term:
472	(1)  "Commercial telephone solicitation" means:
473	(a)  An unsolicited telephone call to a person initiated by
474	a commercial telephone seller or salesperson, or an automated
475	dialing machine used in accordance with the provisions of s.
476	501.059(7) for the purpose of inducing the person to purchase or
477	invest in consumer goods or services;
478
479	For purposes of this section, "other communication" means a
480	written or oral notification or advertisement transmitted
481	through any means. Also, for purposes of this section, "invites
482	a response by telephone" does not mean the mere listing or
483	including of a telephone number in a notification or
484	advertisement.
485	Section 11.  For the purpose of incorporating the amendment
486	to section 559.801, Florida Statutes, in a reference thereto,
487	subsection (12) of section 559.809, Florida Statutes, is
488	reenacted to read:
489	559.809  Prohibited acts.--Business opportunity sellers
490	shall not:
491	(12)  Misrepresent their ability or the ability of a person
492	or entity providing services as defined in s. 559.801(1)(a) to
493	provide locations or assist the purchaser in finding locations
494	expected to have a positive impact on the success of the
495	business opportunity.
496	Section 12.  The State Technology Office shall provide a
497	banner on the official Internet website of the state which is
498	hyperlinked to a website of the Department of Agriculture and
499	Consumer Services which:
500	(1)  Aggregates a wide variety of consumer protection
501	information and resources available from state agencies.
502	(2)  Features useful tools to help consumers identify which
503	agencies have jurisdiction over specific subjects.
504	(3)  Includes alerts for consumers on known fraudulent
505	practices.
506	Section 13.  The State Technology Office shall provide a
507	banner on the official Internet website of the state which is
508	hyperlinked to a website of the Florida 211 Network which:
509	(1)  Profiles the information and referral system known as
510	the Florida 211 Network.
511	(2)  Lists areas within the state where the network is
512	available and the respective telephone numbers to access members
513	of the Florida 211 network.
514	Section 14.  Subsections (3), (6), and (7) of section
515	570.544, Florida Statutes, are amended to read:
516	570.544  Division of Consumer Services; director; powers;
517	processing of complaints; records.--
518	(3)  In addition to the powers, duties, and
519	responsibilities authorized by this or any other chapter, the
520	Division of Consumer Services shall serve as the state a
521	clearinghouse for matters relating to consumer protection,
522	consumer information, and consumer services generally. It shall
523	receive complaints and grievances from consumers and promptly
524	transmit them to that agency most directly concerned in order
525	that the complaint or grievance may be expeditiously handled in
526	the best interests of the complaining consumer. If no agency
527	exists, the Division of Consumer Services shall seek a
528	settlement of the complaint using formal or informal methods of
529	mediation and conciliation and may seek any other resolution of
530	the matter in accordance with its jurisdiction.
531	(6)(a)  The office or agency to which a complaint has been
532	referred shall within 30 days acknowledge receipt of the
533	complaint and report on the disposition made of the complaint.
534	In the event a complaint has not been disposed of within 30
535	days, the receiving office or agency shall file progress reports
536	with the Division of Consumer Services no less frequently than
537	30 days until final disposition.
538	(b)  The report shall contain at least the following
539	information:
540	1.  A finding of whether the receiving agency has
541	jurisdiction of the subject matter involved in the complaint.
542	2.  Whether the complaint is deemed to be frivolous, sham,
543	or without basis in fact or law.
544	3.  What action has been taken and a report on whether the
545	original complainant was satisfied with the final disposition.
546	4.  Any recommendation regarding needed changes in law or
547	procedure which in the opinion of the reporting agency or office
548	will improve consumer protection in the area involved.
549	(7)(a)  If the office or agency receiving a complaint fails
550	to file a report as contemplated in this section, that failure
551	shall be construed as a denial by the receiving office or agency
552	that it has jurisdiction of the subject matter contained in the
553	complaint.
554	(b)  If an office or agency receiving a complaint
555	determines that the matter presents a prima facie case for
556	criminal prosecution or if the complaint cannot be settled at
557	the administrative level, the complaint together with all
558	supporting evidence shall be transmitted to the Department of
559	Legal Affairs or other appropriate enforcement agency with a
560	recommendation for civil or criminal action warranted by the
561	evidence.
562	Section 15.  Section 526.3135, Florida Statutes, is amended
563	to read:
564	526.3135  Reports by the Division of Standards.--The
565	Division of Standards is directed to compile a report pursuant
566	to s. 570.544 of all complaints received by the Department of
567	Agriculture and Consumer Services pursuant to this act. Such
568	report shall contain at least the information required by s.
569	570.544(6)(b)2.-4. and shall be presented to the Speaker of the
570	House of Representatives and the President of the Senate no
571	later than January 1 of each year.
572	Section 16.  This act shall take effect October 1, 2005.

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