Senate Bill sb7038pb

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7038

    FOR CONSIDERATION By the Committee on Commerce





    577-601C-07

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         493.6203, F.S.; revising the requirements for

  5         obtaining a Class "C" license as a private

  6         investigator; revising the requirements for

  7         Class "CC" licensure as an intern; amending s.

  8         493.6401, F.S.; requiring a person who conducts

  9         Internet-based training or correspondence

10         training for repossessor licensees to have a

11         Class "RS" license; amending s. 493.6406, F.S.;

12         providing requirements for training conducted

13         by a repossession services school or training

14         facility; requiring that certain records be

15         maintained within the state; revising the

16         requirements for a license application by such

17         a school or facility; amending s. 501.921,

18         F.S.; revising the name of the organization

19         that provides standards and test procedures

20         used by the department in adopting rules

21         governing the formulation of antifreeze;

22         amending s. 525.07, F.S.; revising a

23         requirement for testing the accuracy of devices

24         used to measure petroleum fuel; amending s.

25         526.51, F.S.; revising certain requirements for

26         registering a brand of brake fluid for sale in

27         the state; requiring an applicant that does not

28         own the brand name of a brake fluid to submit a

29         notarized affidavit to the department in order

30         to register that product; amending s. 527.04,

31         F.S.; revising provisions requiring proof of

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7038
    577-601C-07




 1         liability insurance coverage prior to licensure

 2         under ch. 527, F.S., relating to the sale of

 3         liquefied petroleum gas; amending s. 527.07,

 4         F.S.; prohibiting a person other than the owner

 5         or other authorized person from removing gas

 6         from a liquefied petroleum gas container or

 7         receptacle; providing an effective date.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Section 493.6203, Florida Statutes, is

12  amended to read:

13         493.6203  License requirements.--In addition to the

14  license requirements set forth elsewhere in this chapter, each

15  individual or agency shall comply with the following

16  additional requirements:

17         (1)  Each agency or branch office shall designate a

18  minimum of one appropriately licensed individual to act as

19  manager, directing the activities of the Class "C" or Class

20  "CC" employees.

21         (2)  An applicant for a Class "MA" license shall have 2

22  years of lawfully gained, verifiable, full-time experience, or

23  training in:

24         (a)  Private investigative work or related fields of

25  work that provided equivalent experience or training;

26         (b)  Work as a Class "CC" licensed intern;

27         (c)  Any combination of paragraphs (a) and (b);

28         (d)  Experience described in paragraph (a) for 1 year

29  and experience described in paragraph (e) for 1 year;

30         (e)  No more than 1 year using:

31  

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7038
    577-601C-07




 1         1.  College coursework related to criminal justice,

 2  criminology, or law enforcement administration; or

 3         2.  Successfully completed law enforcement-related

 4  training received from any federal, state, county, or

 5  municipal agency; or

 6         (f)  Experience described in paragraph (a) for 1 year

 7  and work in a managerial or supervisory capacity for 1 year.

 8         (3)  An applicant for a Class "M" license shall qualify

 9  for licensure as a Class "MA" manager as outlined under

10  subsection (2) and as a Class "MB" manager as outlined under

11  s. 493.6303(2).

12         (4)(a)  An applicant for a Class "C" license shall have

13  2 years of lawfully gained, verifiable, full-time experience,

14  or training in one, or a combination of more than one, of the

15  following:

16         1.(a)  Private investigative work or related fields of

17  work that provided equivalent experience or training.

18         2.(b)  College coursework related to criminal justice,

19  criminology, or law enforcement administration, or successful

20  completion of any law enforcement-related training received

21  from any federal, state, county, or municipal agency, except

22  that no more than 1 year may be used from this category.

23         3.(c)  Work as a Class "CC" licensed intern.

24         (b)  Effective January 1, 2008, an applicant for a

25  Class "C" license who meets the experience criteria in this

26  section must pass an examination that covers the provisions of

27  this chapter and that is administered by the department or by

28  a provider approved by the department. The applicant must pass

29  the examination before applying for licensure and shall submit

30  proof with the license application on a form approved by rule

31  of the department that he or she has passed the examination.

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7038
    577-601C-07




 1  The administrator of the examination must verify the identity

 2  of each applicant taking the examination.

 3         1.  The examination requirements in this paragraph do

 4  not apply to an individual who holds a valid Class "CC," Class

 5  "C," Class "MA," or Class "M" license.

 6         2.  Notwithstanding the exemption provided in

 7  subparagraph 1., if the license of an applicant for

 8  relicensure has been invalid for more than 1 year for any

 9  reason, the applicant must successfully pass the examination

10  regardless of whether he or she previously passed the

11  examination.

12         3.  The department shall establish by rule the content

13  of the examination, the manner and procedure of its

14  administration, and an examination fee that may not exceed

15  $100.

16         (5)(a)  A Class "CC" licensee shall serve an internship

17  under the direction and control of a designated sponsor, who

18  is a Class "C," Class "MA," or Class "M" licensee.

19         (b)  Effective September 1, 2008, an applicant for a

20  Class "CC" license must have completed at least 24 hours of a

21  40-hour course pertaining to general investigative techniques

22  and this chapter, which is offered by a school, college, or

23  university that falls within the purview of the Department of

24  Education, and must pass an examination. The remaining 16

25  hours and an examination must be completed within 180 days.

26  The training course specified in this paragraph may be

27  provided by a live presentation, on-line technology, or a home

28  study course in accordance with rules and procedures of the

29  Department of Education. The administrator of the examination

30  must verify the identity of each applicant taking the

31  examination.

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7038
    577-601C-07




 1         1.  Upon an applicant's successful completion of each

 2  part of the approved course and an examination, the school,

 3  college, or university shall issue a certificate of completion

 4  to the applicant. The certificate must be on a form

 5  established by rule of the department and must be submitted

 6  with the application for a Class "CC" license.

 7         2.  The department shall establish by rule the general

 8  content of the training course and the examination criteria.

 9         3.  If the license of an applicant for relicensure has

10  been invalid for more than 1 year for any reason, the

11  applicant must complete the training regardless of whether he

12  or she previously completed the training.

13         (6)  In addition to any other requirement, an applicant

14  for a Class "G" license shall satisfy the firearms training

15  set forth in s. 493.6115.

16         Section 2.  Subsection (7) of section 493.6401, Florida

17  Statutes, is amended to read:

18         493.6401  Classes of licenses.--

19         (7)  Any person who operates a repossessor school or

20  training facility or who conducts an Internet-based training

21  course or a correspondence training course must shall have a

22  Class "RS" license.

23         Section 3.  Subsections (1) and (2) of section

24  493.6406, Florida Statutes, are amended to read:

25         493.6406  Repossession services school or training

26  facility.--

27         (1)  Any school, training facility, or instructor who

28  offers the training outlined in s. 493.6403(2) for Class "EE"

29  applicants shall, before licensure of such school, training

30  facility, or instructor, file with the department an

31  application accompanied by an application fee in an amount to

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7038
    577-601C-07




 1  be determined by rule, not to exceed $60.  The fee shall not

 2  be refundable. This training may be offered as live

 3  face-to-face training, Internet-based training, or

 4  correspondence training. Records of all final examinations

 5  must be maintained within the state.

 6         (2)  The application shall be signed and notarized and

 7  shall contain, at a minimum, the following information:

 8         (a)  The name and address of the school or training

 9  facility and, if the applicant is an individual, his or her

10  name, address, and social security or alien registration

11  number.

12         (b)  The street address of the place at which the

13  face-to-face training is to be conducted or the street address

14  of the Class "RS" school offering Internet-based or

15  correspondence training.

16         (c)  A copy of the training curriculum and final

17  examination to be administered.

18         Section 4.  Section 501.921, Florida Statutes, is

19  amended to read:

20         501.921  Standards.--The department's rules for

21  standards, definitions, and test procedures for antifreeze may

22  encompass those specified by ASTM International the American

23  Society for Testing and Materials.  The department may adopt

24  any other specification it considers appropriate to protect

25  consumers from questionable formulations of antifreeze.

26         Section 5.  Subsection (9) of section 525.07, Florida

27  Statutes, is amended to read:

28         525.07  Powers and duties of department; inspections;

29  unlawful acts.--

30         (9)  All persons and service agencies that adjust the

31  accuracy of a petroleum fuel measuring device must use test

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7038
    577-601C-07




 1  measures that have been calibrated with standards traceable to

 2  the National Institute of Standards and Technology within 1

 3  year prior to the date of the adjustment for volumes of less

 4  than 500 gallons and within 3 years prior to the date of the

 5  adjustment for volumes of 500 gallons or more.

 6         Section 6.  Subsection (1) of section 526.51, Florida

 7  Statutes, is amended to read:

 8         526.51  Registration; renewal and fees; departmental

 9  expenses; cancellation or refusal to issue or renew.--

10         (1)(a)  Application for registration of each brand of

11  brake fluid shall be made on forms to be supplied by the

12  department.  The applicant shall give his or her name and

13  address and, the brand name of the brake fluid, state that he

14  or she owns the said brand name and has complete control over

15  the product sold thereunder in Florida, and provide the name

16  and address of the resident agent in Florida. If the applicant

17  does not own the brand name but wishes to register the product

18  with the department, a notarized affidavit that gives the

19  registrant full authorization to register the brand name and

20  that is signed by the owner of the brand name must accompany

21  the application for registration. The affidavit must include

22  all affected brand names, the owner's company or corporate

23  name and address, the registrant's company or corporate name

24  and address, and a statement from the owner authorizing the

25  registrant to register the product with the department. The

26  owner of the brand name shall maintain complete control over

27  each product sold under that brand name in this state. All new

28  product applications must Application shall be accompanied by

29  a certified report from of an independent testing laboratory,

30  setting forth the analysis of the said brake fluid, which

31  shall show its quality to be not less than the specifications

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7038
    577-601C-07




 1  established by the department for brake fluids.  A sample of

 2  not less than 24 fluid ounces one-half gallon of brake fluid

 3  shall be submitted, in a container or containers, with labels

 4  representing labeled exactly how the as containers of brake

 5  fluid will be labeled when sold, and such sample and container

 6  shall be analyzed and inspected by the Division of Standards

 7  in order that compliance with the department's specifications

 8  and labeling requirements may be verified.  Upon approval of

 9  such application, the department shall register the brand name

10  of such brake fluid and issue to the applicant a permit

11  authorizing the registrant to sell such brake fluid in this

12  state during the permit year specified in the permit.

13         (b)  Each applicant shall pay a fee of $100 with each

14  application.  A permit may be renewed by application to the

15  department, accompanied by a renewal fee of $50 on or before

16  the last day of the permit year immediately preceding the

17  permit year for which application is made for renewal of

18  registration.  To any fee not paid when due, there shall

19  accrue a penalty of $25 which shall be added to the renewal

20  fee.  Renewals will be accepted only on brake fluids that

21  which have no change in formula, composition, or brand name.

22  Any change in formula, composition, or brand name of any brake

23  fluid constitutes shall constitute a new product that must

24  which shall be registered in accordance with the provisions of

25  this part.

26         Section 7.  Section 527.04, Florida Statutes, is

27  amended to read:

28         527.04  Proof of insurance required.--

29         (1)  Before any license is issued, except to a dealer

30  in appliances and equipment for use of liquefied petroleum gas

31  or a category III liquefied petroleum gas cylinder exchange

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7038
    577-601C-07




 1  operator, the applicant must deliver to the department

 2  satisfactory evidence that the applicant is covered by a

 3  primary policy of bodily injury liability and property damage

 4  liability insurance which covers the products and operations

 5  with respect to such business and is issued by an insurer

 6  authorized to do business in this state for an amount not less

 7  than $1 million, and that the premiums on such insurance are

 8  paid. An insurance certificate, affidavit, or other

 9  satisfactory evidence of acceptable insurance coverage shall

10  be accepted as proof of insurance. In lieu of an insurance

11  policy, the applicant may deliver a good and sufficient bond

12  in the amount of $1 million, payable to the Governor of

13  Florida, with the applicant as principal and a surety company

14  authorized to do business in this state as surety.  The bond

15  must be conditioned upon the applicant's principal's

16  compliance with the provisions of this chapter and the rules

17  of the department with respect to the conduct of such business

18  and shall indemnify and hold harmless all persons from loss or

19  damage by reason of the applicant's principal's failure to

20  comply.  However, the aggregated liability of the surety may

21  not exceed $1 million.  If the insurance policy is cancelled

22  or otherwise terminated or the bond becomes insufficient, the

23  department may require new proof of insurance or a new bond to

24  be filed, and, if the licenseholder principal fails to do so,

25  the department shall cancel the license issued and give the

26  licenseholder principal written notice that it is unlawful to

27  engage in business without a license.  If the applicant

28  furnishes satisfactory evidence that he or she is covered by a

29  primary policy of bodily injury liability and property damage

30  liability insurance covering the products and operations with

31  respect to such business, issued by an insurer authorized to

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7038
    577-601C-07




 1  do business in the state, for an amount not less than $1

 2  million and that the premiums on such insurance are paid, an

 3  insurance affidavit or other satisfactory evidence of

 4  acceptable insurance coverage shall be accepted in lieu of the

 5  bond. A new bond is not required as long as the original bond

 6  remains sufficient and in force.  If the licenseholder's

 7  insurance coverages as required by this subsection are

 8  canceled or otherwise terminated, the insurer must notify the

 9  department within 30 days after such cancellation or

10  termination.

11         (2)  Before any license is issued to a class III

12  liquefied petroleum gas cylinder exchange operator, the

13  applicant must deliver to the department satisfactory evidence

14  that the applicant is covered by a primary policy of bodily

15  injury liability and property damage liability insurance which

16  covers the products and operations with respect to such

17  business and is issued by an insurer authorized to do business

18  in this state for an amount not less than $300,000, and that

19  the premiums on such insurance are paid. An insurance

20  certificate, affidavit, or other satisfactory evidence of

21  acceptable insurance coverage shall be accepted as proof of

22  insurance. In lieu of an insurance policy, the applicant may

23  deliver a good and sufficient bond in the amount of $300,000,

24  payable to the Governor, with the applicant as principal and a

25  surety company authorized to do business in this state as

26  surety.  The bond must be conditioned upon the principal's

27  compliance with this chapter and the rules of the department

28  with respect to the conduct of such business and must

29  indemnify and hold harmless all persons from loss or damage by

30  reason of the principal's failure to comply.  However, the

31  aggregated liability of the surety may not exceed $300,000.

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7038
    577-601C-07




 1  If the insurance policy is cancelled or otherwise terminated

 2  or the bond becomes insufficient, the department may require

 3  new proof of insurance or a new bond to be filed, and, if the

 4  licenseholder principal fails to do so, the department shall

 5  cancel the license issued and give the licenseholder principal

 6  written notice that it is unlawful to engage in business

 7  without a license. If the applicant furnishes satisfactory

 8  evidence that he or she is covered by a primary policy of

 9  bodily injury liability and property damage liability

10  insurance covering the products and operations with respect to

11  such business, issued by an insurer authorized to do business

12  in the state, for an amount not less than $300,000 and that

13  the premiums on such insurance are paid, an insurance

14  affidavit or other satisfactory evidence of acceptable

15  insurance coverage shall be accepted in lieu of the bond. A

16  new bond is not required as long as the original bond remains

17  sufficient and in force.  If the licenseholder's insurance

18  coverages required by this subsection are canceled or

19  otherwise terminated, the insurer must notify the department

20  within 30 days after such cancellation or termination.

21         (3)  Any person having a cause of action on such bond

22  may bring suit against the principal and surety, and a copy of

23  such bond duly certified by the department shall be received

24  in evidence in the courts of this state without further proof.

25  The department shall furnish a certified copy of such bond

26  upon payment to it of its lawful fee for making and certifying

27  such copy.

28         Section 8.  Section 527.07, Florida Statutes, is

29  amended to read:

30         527.07  Restriction on use of containers.--No person,

31  other than the owner and those authorized by the owner, shall

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7038
    577-601C-07




 1  sell, fill, refill, remove gas from, deliver, permit to be

 2  delivered, or use in any manner any liquefied petroleum gas

 3  container or receptacle for any gas or compound, or for any

 4  other purpose.

 5         Section 9.  This act shall take effect July 1, 2007.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Revises the requirements for obtaining a Class "C"
      license as a private investigator and for obtaining Class
10    "CC" licensure as an intern. Requires that a person
      conducting Internet-based or correspondence training for
11    repossessor licensees hold a Class "RS" license. Provides
      requirements for schools and training facilities that
12    conduct training in repossession services. Revises
      requirements for testing the accuracy of devices used to
13    measure petroleum fuel. Revises requirements for
      registering a brand of brake fluid with the department
14    for sale in the state. Revises requirements that a person
      licensed under ch. 527, F.S., governing the sale of
15    liquefied petroleum gas, maintain liability insurance
      coverage of a specified amount. Prohibits a person other
16    than the owner or other authorized person from removing
      gas from a liquefied petroleum gas container or
17    receptacle.

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