HB 7239

1
A bill to be entitled
2An act relating to the Department of Agriculture and
3Consumer Services; amending s. 493.6106, F.S.; clarifying
4that private investigative, private security, and
5repossession services are licensed by the department;
6amending s. 493.6121, F.S.; authorizing the department to
7institute judicial proceedings to enforce ch. 493, F.S.,
8or any rule or order of the department; amending s.
9493.6303, F.S.; revising the requirements for a Class "D"
10private security license; requiring the department to
11establish the number of hours of each subject area to be
12taught in training; providing for automatic suspension of
13a license upon failure to submit documentation of
14completing the required training; prescribing requirements
15and conditions for persons licensed before a certain date;
16providing exemptions; amending s. 501.059, F.S.;
17prohibiting a telephone solicitor from blocking certain
18information from a recipient's caller identification
19service; providing an exception; authorizing a telephone
20solicitor to substitute certain information provided to
21the recipient's caller identification service; providing a
22definition; prohibiting alteration of a caller's voice
23during a telephonic sales call under certain circumstances
24and for certain purposes; amending s. 501.142, F.S.;
25providing that the regulation of refunds in retail sales
26establishments is preempted to the department; authorizing
27the department to adopt rules; authorizing the department
28to enter orders for certain violations; requiring that any
29moneys recovered by the department as a penalty be
30deposited in the General Inspection Trust Fund;
31authorizing a local government to impose penalties;
32requiring that any moneys recovered by a local government
33as a penalty be deposited in the appropriate local
34account; amending s. 506.5131, F.S.; revising provisions
35relating to assessment of fees, fines, and costs against
36the owner of a shopping cart; providing an exemption;
37amending s. 525.01, F.S.; defining the term "alternative
38fuel" for purposes of ch. 525, F.S., relating to the
39inspection of gasoline and oil; amending s. 527.11, F.S.;
40exempting the delivery of certain amounts of propane gas
41for use with outdoor equipment or appliances from
42provisions governing the delivery of liquefied petroleum
43gas; requiring that a person delivering liquefied
44petroleum gas in bulk comply with certain storage
45requirements; amending ss. 570.46 and 570.47, F.S.;
46authorizing the Division of Standards within the
47department to enforce ch. 527, F.S., relating to the sale
48of liquefied petroleum gas; amending s. 570.544, F.S.;
49deleting provisions requiring that an office or agency
50receiving a complaint file progress reports with the
51Division of Consumer Services within the department;
52repealing s. 526.3135, F.S., relating to reports by the
53Division of Standards, to conform to changes made by the
54act; amending s. 616.242, F.S.; exempting certain
55governmental entities from requirements that operators of
56amusement rides maintain specified amounts of insurance
57coverage; providing effective dates.
58
59Be It Enacted by the Legislature of the State of Florida:
60
61     Section 1.  Paragraph (c) of subsection (2) of section
62493.6106, Florida Statutes, is amended to read:
63     493.6106  License requirements; posting.--
64     (2)  Each agency shall have a minimum of one physical
65location within this state from which the normal business of the
66agency is conducted, and this location shall be considered the
67primary office for that agency in this state.
68     (c)  Each Class "A," Class "B," Class "R," branch office,
69or school licensee shall display, in a place that is in clear
70and unobstructed public view, a notice on a form prescribed by
71the department stating that the business operating at this
72location is licensed and regulated by the Department of
73Agriculture and Consumer Services State and that any questions
74or complaints should be directed to the department.
75     Section 2.  Subsections (5) and (7) of section 493.6121,
76Florida Statutes, are amended to read:
77     493.6121  Enforcement; investigation.--
78     (5)  In order to carry out the duties of the department
79prescribed in this chapter, designated employees of the Division
80of Licensing of the Department of Agriculture and Consumer
81Services State may obtain access to the information in criminal
82justice information systems and to criminal justice information
83as defined in s. 943.045, on such terms and conditions as are
84reasonably calculated to provide necessary information and
85protect the confidentiality of the information. Such criminal
86justice information submitted to the division is confidential
87and exempt from the provisions of s. 119.07(1).
88     (7)  The department may institute of Legal Affairs shall
89represent the Department of Agriculture and Consumer Services in
90judicial proceedings in the appropriate circuit court seeking
91enforcement of this chapter, or any rule or order of the
92department upon an action by any party seeking redress against
93the department, and shall coordinate with the department in the
94conduct of any investigations incident to its legal
95responsibility.
96     Section 3.  Effective January 1, 2007, subsection (4) of
97section 493.6303, Florida Statutes, is amended to read:
98     493.6303  License requirements.--In addition to the license
99requirements set forth elsewhere in this chapter, each
100individual or agency shall comply with the following additional
101requirements:
102     (4)(a)  Effective October 1, 1994, An applicant for a Class
103"D" license must complete have completed a minimum of 40 hours
104of professional training at a school or training facility
105licensed by the department. The department shall by rule
106establish the general content and number of hours of each
107subject area to be taught the training.
108     (b)  An applicant may fulfill the training requirement
109prescribed in paragraph (a) by submitting proof of:
110     1.  Successful completion of the total number of required
11140 hours of training before initial application for a Class "D"
112license; or
113     2.  Successful completion of 24 hours of training before
114initial application for a Class "D" license, and successful
115completion of the remaining 16 hours of training within 180 days
116after the date that upon the first application is submitted for
117renewal of, a Class "D" license. If documentation of completion
118of the required training is not submitted within the specified
119timeframe, the individual's license is automatically suspended
120until such time as proof of the required training is provided to
121the department However, individuals licensed before October 1,
1221994, need not complete additional training hours in order to
123renew their licenses.
124
125However, any person whose license has been revoked, suspended
126pursuant to subparagraph 2., or whose license has been expired
127for 1 year or longer is considered, upon reapplication for a
128license, an initial applicant and must submit proof of
129successful completion of 40 hours of professional training at a
130school or training facility licensed by the department as
131prescribed in paragraph (a) before a license will be issued. Any
132person whose license was issued before January 1, 2007, and
133whose license has been expired for less than 1 year must, upon
134reapplication for a license, submit documentation of completion
135of the total number of hours of training prescribed by law at
136the time her or his initial license was issued before another
137license will be issued. This subsection does not require an
138individual licensed before January 1, 2007, to complete
139additional training hours in order to renew an active license,
140beyond the required total amount of training within the
141timeframe prescribed by law at the time she or he was licensed.
142     Section 4.  Paragraphs (c) and (d) are added to subsection
143(7) of section 501.059, Florida Statutes, to read:
144     501.059  Telephone solicitation.--
145     (7)
146     (c)  It shall be unlawful for any person who makes a
147telephonic sales call or causes a telephonic sales call to be
148made to fail to transmit or cause not to be transmitted the
149telephone number and, when made available by the telephone
150solicitor's carrier, the name of the telephone solicitor to any
151caller identification service in use by a recipient of a
152telephonic sales call. However, it shall not be a violation to
153substitute, for the name and telephone number used in or billed
154for making the call, the name of the seller on behalf of which a
155telephonic sales call is placed and the seller's customer
156service telephone number, which is answered during regular
157business hours. For purposes of this section, the term "caller
158identification service" means a service that allows a telephone
159subscriber to have the telephone number and, where available,
160the name of the calling party transmitted contemporaneously with
161the telephone call and displayed on a device in or connected to
162the subscriber's telephone.
163     (d)  It shall be unlawful for any person who makes a
164telephonic sales call or causes a telephonic sales call to be
165made to intentionally alter the voice of the caller in an
166attempt to disguise or conceal the identity of the caller in
167order to defraud, confuse, or financially or otherwise injure
168the recipient of a telephonic sales call or in order to obtain
169personal information from the recipient of a telephonic sales
170call which may be used in a fraudulent or unlawful manner.
171     Section 5.  Section 501.142, Florida Statutes, is amended
172to read:
173     501.142  Retail sales establishments; preemption; notice of
174refund policy; exceptions; penalty.--
175     (1)  The regulation of refunds is preempted to the
176Department of Agriculture and Consumer Services notwithstanding
177any other law or local ordinance to the contrary. Every retail
178sales establishment offering goods for sale to the general
179public that offers no cash refund, credit refund, or exchange of
180merchandise must post a sign so stating at the point of sale.
181Failure of a retail sales establishment to exhibit a "no refund"
182sign under such circumstances at the point of sale shall mean
183that a refund or exchange policy exists, and the policy shall be
184presented in writing to the consumer upon request. Any retail
185establishment failing to comply with the provisions of this
186section shall grant to the consumer, upon request and proof of
187purchase, a refund on the merchandise, within 7 days of the date
188of purchase, provided the merchandise is unused and in the
189original carton, if one was furnished. Nothing herein shall
190prohibit a retail sales establishment from having a refund
191policy which exceeds the number of days specified herein. The
192department may adopt rules pursuant to ss. 120.536(1) and 120.54
193to enforce the provisions of this section. However, this
194subsection does not prohibit a local government from enforcing
195the provisions established by this section or department rule.
196     (2)  The provisions of this section shall not apply to the
197sale of food, perishable goods, goods which are custom made,
198goods which are custom altered at the request of the customer,
199or goods which cannot be resold by the merchant because of any
200law, rule, or regulation adopted by a governmental body.
201     (3)  The department may enter an order doing one or more of
202the following if the department finds that a person has violated
203or is operating in violation of any of the provisions of this
204section or the rules or orders issued under this section:
205     (a)  Issue a notice of noncompliance pursuant to s.
206120.695.
207     (b)  Impose an administrative fine not to exceed $100 for
208each violation.
209     (c)  Direct the person to cease and desist specified
210activities.
211     (4)  The administrative proceedings that could result in
212the entry of an order imposing any of the penalties specified in
213subsection (3) are governed by chapter 120.
214     (5)  Any moneys recovered by the Department of Agriculture
215and Consumer Services as a penalty under this section shall be
216deposited in the General Inspection Trust Fund.
217     (6)  Upon the first violation of this section, a local
218government may issue a written warning. Upon a second and any
219subsequent violation, a local government may impose a fine of up
220to $50 per violation. Any moneys recovered by the local
221government as a penalty under this section shall be deposited in
222the appropriate local account.
223     Section 6.  Section 506.5131, Florida Statutes, is amended
224to read:
225     506.5131  Return of shopping carts; assessment of fees,
226fines, and costs.--
227     (1)  The rightful owner of any shopping cart with a
228registered name or mark found on public property shall be
229immediately notified of its recovery.
230     (2)  Notwithstanding any other provision of law or local
231ordinance, no fee, fine, or costs may be assessed against the
232owner of a shopping cart unless the shopping cart was found on
233public property and, unless the shopping cart was removed from
234the premises or parking area of a retail establishment by the
235owner of the shopping cart, or an employee acting on the owner's
236behalf, and the such fee, fine, or cost has been approved by the
237Department of Agriculture and Consumer Services. This subsection
238shall not apply to any ordinance adopted after January 31, 2002,
239and prior to June 30, 2002, that requires a business
240establishment to install an electronic retention system to
241retain shopping carts within the real property boundaries of a
242business location.
243     Section 7.  Subsection (1) of section 525.01, Florida
244Statutes, is amended to read:
245     525.01  Gasoline and oil to be inspected.--
246     (1)  For the purpose of this chapter:
247     (a)  "Department" means the Department of Agriculture and
248Consumer Services.
249     (b)  "Petroleum fuel" means all gasoline, kerosene (except
250when used as aviation turbine fuel), diesel fuel, benzine, or
251other like products of petroleum under whatever name designated,
252or an alternative fuel used for illuminating, heating, cooking,
253or power purposes, sold, offered, or exposed for sale in this
254state.
255     (c)  "Alternative fuel" means:
256     1.  Methanol, denatured ethanol, or other alcohols;
257     2.  Mixtures containing 85 percent or more by volume of
258methanol, denatured ethanol, or other alcohols with gasoline or
259other fuels, or such other percentage, but not less than 70
260percent, as determined by the department by rule, to provide for
261requirements relating to cold start, safety, or vehicle
262functions;
263     3.  Hydrogen;
264     4.  Coal-derived liquid fuels; and
265     5.  Fuels, other than alcohol, derived from biological
266materials.
267     Section 8.  Section 527.11, Florida Statutes, is amended to
268read:
269     527.11  Minimum storage.--
270     (1)  Every person who engages in the distribution of
271liquefied petroleum gas for resale to domestic, commercial, or
272industrial consumers as a prerequisite to obtaining a liquefied
273petroleum gas license shall install, own, or lease a bulk
274storage filling plant of not less than 18,000 gallons (water
275capacity) within the state and shall be located within a 75-mile
276radius of the licensed company's business location. This bulk
277storage filling plant must have loading and unloading provisions
278solely for the licenseholder and be operated and maintained in
279compliance with this chapter for the duration of the license.
280     (2)  A dealer in liquefied petroleum gas licensed as of
281August 31, 2000, who has entered or who enters into a written
282agreement with a wholesaler that the wholesaler will provide
283liquefied petroleum gas to the dealer for a period of 12
284continuous months is exempt from the requirements of subsection
285(1), if the wholesaler has at least 18,000 gallons (water
286capacity) of bulk storage within this state permanently
287connected for storage, which is used as such for each dealer to
288whom gas is sold, and if the wholesaler has loading and
289unloading provisions. Such dealer must provide certification of
290this agreement on a form provided by the department to the
291department before her or his license may be issued. The form
292must be signed by both the wholesaler or his or her agent and
293the dealer or his or her agent and must be submitted annually
294with the license renewal application. A dealer who does not
295provide written proof of minimum storage may have her or his
296license denied, suspended, or revoked. A No wholesaler may not
297enter into written agreements that allocate an amount of storage
298that exceeds the wholesaler's total storage capacity minus
29918,000 gallons (water capacity).
300     (3)  A dealer in liquefied petroleum gas operating a single
301dispensing unit for the sole purpose of direct product sale to
302customers, including delivery of cylinders of 40 pounds or less
303of propane gas capacity for use with outdoor equipment or
304appliances that are not connected to or part of the permanent
305interior piping of a structure, (no deliveries) or an operator
306of a cylinder exchange unit is exempt from the requirements of
307this section. A person may not deliver liquefied petroleum gas
308by cargo vehicle unless the person complies with requirements
309for minimum storage.
310     Section 9.  Subsection (5) is added to section 570.46,
311Florida Statutes, to read:
312     570.46  Division of Standards; powers and duties.--The
313duties of the Division of Standards include, but are not limited
314to:
315     (5)  Enforcing the provisions of chapter 527.
316     Section 10.  Subsection (2) of section 570.47, Florida
317Statutes, is amended to read:
318     570.47  Director; qualifications; duties.--
319     (2)  The director shall supervise, direct, and coordinate
320the activities of the division and to that end shall, under the
321direction of the department, enforce the provisions of chapters
322501, 525, 526, 527, 531, and 616.
323     Section 11.  Subsections (6) through (9) of section
324570.544, Florida Statutes, are amended to read:
325     570.544  Division of Consumer Services; director; powers;
326processing of complaints; records.--
327     (6)(a)  The office or agency to which a complaint has been
328referred shall within 30 days acknowledge receipt of the
329complaint and report on the disposition made of the complaint.
330In the event a complaint has not been disposed of within 30
331days, the receiving office or agency shall file progress reports
332with the Division of Consumer Services no less frequently than
33330 days until final disposition.
334     (b)  The report shall contain at least the following
335information:
336     1.  A finding of whether the receiving agency has
337jurisdiction of the subject matter involved in the complaint.
338     2.  Whether the complaint is deemed to be frivolous, sham,
339or without basis in fact or law.
340     3.  What action has been taken and a report on whether the
341original complainant was satisfied with the final disposition.
342     4.  Any recommendation regarding needed changes in law or
343procedure which in the opinion of the reporting agency or office
344will improve consumer protection in the area involved.
345     (7)(a)  If the office or agency receiving a complaint fails
346to file a report as contemplated in this section, that failure
347shall be construed as a denial by the receiving office or agency
348that it has jurisdiction of the subject matter contained in the
349complaint.
350     (b)  If an office or agency receiving a complaint
351determines that the matter presents a prima facie case for
352criminal prosecution or if the complaint cannot be settled at
353the administrative level, the complaint together with all
354supporting evidence shall be transmitted to the Department of
355Legal Affairs or other appropriate enforcement agency with a
356recommendation for civil or criminal action warranted by the
357evidence.
358     (7)(8)  The records of the Division of Consumer Services
359are public records. However, customer lists, customer names, and
360trade secrets are confidential and exempt from the provisions of
361s. 119.07(1). Disclosure necessary to enforcement procedures
362shall not be construed as violative of this prohibition.
363     (8)(9)  It shall be the duty of the Division of Consumer
364Services to maintain records and compile summaries and analyses
365of consumer complaints and their eventual disposition, which
366data may serve as a basis for recommendations to the Legislature
367and to state regulatory agencies.
368     Section 12.  Section 526.3135, Florida Statutes, is
369repealed.
370     Section 13.  Subsection (9) of section 616.242, Florida
371Statutes, is amended to read:
372     616.242  Safety standards for amusement rides.--
373     (9)  INSURANCE REQUIREMENTS.--
374     (a)  An owner may not operate an amusement ride unless the
375owner has in effect at all times of operation insurance meeting
376the following requirements:
377     1.  An insurance policy in an amount of not less than $1
378million per occurrence, $1 million in the aggregate, which
379insures the owner of the amusement ride against liability for
380injury to persons arising out of the use of the amusement ride;
381or
382     2.  A bond in a like amount; however, the aggregate
383liability of the surety under the bond may not exceed the face
384amount thereof.
385     (b)  The policy or bond must be procured from an insurer or
386surety that is licensed to transact business in this state or
387that is approved as a surplus lines insurer.
388     (c)  The insurance requirements imposed under this
389subsection do not apply to a governmental entity that is covered
390by the provisions of s. 768.28(16).
391     Section 14.  Except as otherwise expressly provided in this
392act, this act shall take effect July 1, 2006.


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