Florida Senate - 2008 SB 1556

By Senator Crist

12-02404A-08 20081556__

A bill to be entitled

An act relating to locksmith services; creating part XVII

of ch. 468, F.S.; providing a short title; providing

findings and purpose; preempting, by a time certain,

regulation of locksmith services and those performing such

services to the state; requiring, by a time certain,

specified qualifications to provide locksmith services;

providing exemptions; providing definitions; creating the

Florida Board of Locksmiths within the Department of

Business and Professional Regulation; providing

membership; providing board operating procedures and

powers and duties; providing rulemaking authority for the

board and the department; authorizing the board to develop

and administer an examination program or to use a program

developed and administered by others; providing

applicability of ch. 455, F.S.; delineating requirements

for licensing; authorizing licensure by endorsement under

certain circumstances; providing biennial license renewal

requirements and process; requiring continuing education

as a prerequisite for license renewal; establishing hours

of continuing education for locksmith contractors and

automotive-only locksmith contractors; requiring

registering of certain information on locksmiths and

apprentice locksmiths with the department and the board;

requiring a locksmith contractor to employ persons as

locksmiths or apprentice locksmiths who meet specified

requirements; providing continuing education requirements

for locksmiths and apprentice locksmiths; providing that

failure to meet continuing education requirements results

in certain board-imposed sanctions; requiring biennial

renewal of registrations; providing board and department

access to all locksmith and apprentice locksmith records

relating to compliance with this part; providing employer

requirements for locksmith contractors; providing

insurance requirements for locksmith contractors;

requiring photo identification cards for locksmith

contractors, locksmiths, and apprentice locksmiths;

requiring locksmith contractors to display licenses and to

display license numbers and other information in all

advertising; providing fines for noncompliance; requiring

the department to provide in rule certain directions

related to photo identification cards and license and

license number display; requiring customer identification

information when locksmith services are performed;

requiring retention of work order or sales receipts for a

specified time; requiring access to such information by

law enforcement, the board, and the department;

delineating prohibited acts; providing penalties;

delineating disciplinary proceedings; requiring the

department to maintain a list of locksmith contractors,

locksmiths, and apprentice locksmiths; providing an

effective date.

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

Section 1. Part XVII of chapter 468, Florida Statutes,

consisting of sections 468.901, 468.902, 468.9025, 468.903,

468.904, 468.905, 468.906, 468.907, 468.908, 468.909, 468.911,

468.912, 468.913, 468.914, 468.915, 468.916, 468.917, 468.918,

and 468.919, is created to read:

PART XVII

LOCKSMITH SERVICES

468.901 Short title.--This part may be cited as the

"Florida Locksmith Services Act."

468.902 Findings and purpose.--

(1) The Legislature finds that:

(a) Locksmiths operate in the public trust to service,

secure, and protect persons and property;

(b) Locksmiths must be trained in regulations and laws

applicable to their profession such as the Americans with

Disabilities Act, building codes, and fire and life safety codes,

as well as trained in the proper installation and maintenance of

security devices and in the ever-evolving knowledge of motor

vehicle locks, keys, and built-in security systems;

its citizens from the unscrupulous use of the tools and knowledge

of the locksmith profession by untrained persons or by persons

who have criminal intent or have been convicted of certain

crimes;

(d) As trained and tested experts in physical, motor

vehicle, and electronic security, locksmiths make positive

contributions to statewide homeland security by protecting and

providing services for homes, businesses, hospitals, schools,

government buildings, and motor vehicles of first responders or

emergency responders; and

(e) The licensing and regulation of persons performing

locksmith services in this state is necessary to protect the

safety and security of the public.

(2) The purpose of this part is to protect the public from

the misuse of locksmithing knowledge, supplies, manuals, or

equipment which results in the violation of public safety and

security, through the licensing of locksmith contractors.

468.9025 Preemption.--Effective July 1, 2009, this part

preempts any local act, law, ordinance, or regulation of a county

or municipality which pertains to locksmith services and those

who perform locksmith services.

468.903 Qualifications for practice.--Effective July 1,

2009, no person shall do business in the state as a locksmith

contractor without having obtained the proper license from the

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department. No person other than a duly licensed locksmith

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contractor, a registered locksmith working under the supervision

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of a locksmith contractor, or a registered apprentice locksmith

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working under the supervision of a locksmith contractor or a

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locksmith shall provide locksmith services in this state unless

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exempted under s. 468.904.

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468.904 Exemptions.--This part does not apply to:

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(1) A member of a police department, fire department, or

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other government agency, in his or her official line of duty,

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providing emergency opening services.

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(2) A sales representative providing a bona fide sales

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demonstration of products to locksmiths.

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(3) An in-store employee of a hardware or do-it-yourself

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home products sales store rekeying locks just purchased, or about

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to be purchased, in the store of the employee.

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(4) A licensed low voltage contractor installing or

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servicing electromechanical, electronic, or electromagnetic

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devices and peripheral hardware.

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(5) An individual acquiring or using any key-duplication

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machine or key blanks for personal use.

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(6) A property owner or an agent of the property owner

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maintaining a file of key cutting data for a master-key system on

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the property.

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(7) An employee of a bank, savings and loan, credit union,

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or trust company providing safe, safe-deposit box, or vault

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opening or servicing services at his or her place of employment.

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(8) An automotive service dealer, a lock manufacturer, or

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an agent of a lock manufacturer servicing, installing, repairing,

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or rebuilding automotive locks.

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(9) Building trades personnel installing locks or locking

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devices on a project that requires a building permit.

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(10) A tow truck company or a tow truck operator possessing

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and using car opening tools necessary to unlock vehicles to

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facilitate towing.

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468.905 Definitions.--As used in this part:

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(1) "Apprentice locksmith" means any natural person, 16

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years of age or older, who performs locksmith services for the

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public for compensation under the direct and continuous

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supervision of a locksmith contractor or locksmith.

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(2) "Automotive-only locksmith" means a locksmith

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contractor, locksmith, or apprentice locksmith who provides

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locksmith services for motor vehicles only.

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(3) "Board" means the Florida Board of Locksmiths.

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(4) "Bump key" means any fabricated, specially shaped, or

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modified key intended to be used to unlock a lock by means other

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than intended by the manufacturer.

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(5) "Car opening tool" means any metal, cloth, nylon,

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rubber, or plastic tool or device designed to enter, bypass, or

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otherwise overcome the locking systems or locking mechanisms of a

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motor vehicle by means other than intended by the manufacturer.

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(6) "Change key" means a key planned and cut to operate a

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specific group or series of locks which all have the same

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combination of tumblers, pins, or wafers.

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(7) "Codebook" means a compilation, in any form, of key

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codes.

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(8) "Code grabbing device" means any device that can

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receive, record, or receive and record the code signal sent by

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the transmitter of a motor vehicle's security, alarm, or

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immobilizer system and playback the signal to disarm, bypass, or

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neutralize the system.

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(9) "Department" means the Department of Business and

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Professional Regulation.

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(10) "Designee" means a natural person who possesses the

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requisite skill, knowledge, and experience and is responsible for

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supervising, directing, managing, and controlling the locksmith

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services activities of the business organization with which he or

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she is employed; and whose technical and personal qualifications

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have been determined by investigation and examination as provided

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in this part by the department, as attested to by the board; and

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who has been issued a license as a locksmith contractor by the

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department.

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(11) "Emergency" means a life-threatening situation

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involving a person or any animal generally regarded as a pet.

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(12) "Key-duplication machine" means any device capable of

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copying or reproducing keys.

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(13) "License" means a document issued by the department

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and granted to a locksmith contractor according to the

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requirements of this part.

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(14) "Licensee" means a locksmith contractor issued a

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license under this part.

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(15) "Licensing" means a method of regulation whereby the

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state, through the issuance of a license, authorizes persons

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possessing the character, required skills, and insurance to

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engage in the practice of locksmithing as a locksmith contractor.

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(16) "Lock" means any mechanical, electromechanical,

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electronic, or electromagnetic device or similar devices,

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including any peripheral hardware such as, but not limited to,

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closed circuit television systems, wireless or infrared

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transmitters, card readers, keypads, or biometric scanners that

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are designed to control access to and egress from something or

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are designed to control the use of something.

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(17) "Lock pick" means any manual, electric, or electronic

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tool or device used to bypass, override, or neutralize a lock by

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means other than intended by the manufacturer.

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(18) "Locksmith" means a natural person, at least 18 years

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of age, who performs locksmith services for the public for

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compensation while in the employ of a locksmith contractor and

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whose background and experience have been verified by the board

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and forwarded to the department for registration. "Locksmith"

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does not mean a person whose activities are limited to making

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duplicate keys.

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(19) "Locksmith contractor" means a natural person, at

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least 18 years of age, who has been licensed by the department

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under this part, performs locksmith services for the public,

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receives compensation for his or her services, and is the

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designated licensee for a business providing locksmith services.

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(20) "Locksmithing" or "locksmith services" means:

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(a) Selling, installing, servicing, repairing, repinning,

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recombinating, and adjusting locks, safes, vaults, or safe-

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deposit boxes;

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(b) Originating, duplicating, and copying keys;

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vaults, or safe-deposit boxes;

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(d) Creating, documenting, selling, installing, managing,

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and servicing master-key systems;

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(e) Unlocking, bypassing, or neutralizing locks of motor

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vehicles by means other than intended by the manufacturer;

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(f) Originating of keys for motor vehicles that includes,

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if necessary, the programming, reprogramming, or bypassing of any

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security, transponder, or immobilizer systems or subsequent

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technology built in by the manufacturer; and

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(g) Keying, rekeying, or recombinating of motor vehicle

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locks.

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(21) "Locksmithing tool" means any tool that is designed,

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or intended by the user to be used, to open a mechanical,

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electronic, magnetic, or electrical locking device by any means

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other than that intended by the manufacturer for such a device in

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normal operation.

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(22) "Manipulation key" means any key other than a change

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or master key that can be variably positioned or manipulated in a

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keyway to bypass, override, or neutralize a lock by means other

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than intended by the manufacturer to open a lock. For the

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purposes of this part, the term "manipulation key" shall also

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apply to wiggle and bump keys.

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(23) "Master key" means a key planned or cut to operate all

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locks in a series or group of locks, with each lock in the series

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or group having its own unique key. For the purposes of this

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part, sub-master, grand master, great grand master, emergency

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override, and maid's keys shall be considered the same as a

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master key.

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(24) "Master-key system" means a system of locks in which a

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lock is keyed so that it can be operated by its own individual

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key and can also be operated by a key that can operate locks in

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the system that are also keyed to their own individual keys.

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(25) "Organization" means any entity other than a natural

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person, including, but not limited to, an association,

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corporation, partnership, or sole proprietorship.

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(26) "Photo identification card" means a document supplied

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by the locksmith contractor with a photograph of the locksmith

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contractor, locksmith, or apprentice locksmith on its face, the

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format of which is approved by the board.

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(27) "Registration" means the registering of locksmiths,

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automotive-only locksmiths, and apprentice locksmiths with the

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department and board pursuant to this part.

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(28) "Safe-opening tool" means any tool designed, or

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intended by the user to be used, to open a safe, safe-deposit

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box, or similar object by means other than that which is intended

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by the manufacturer of the safe, vault, safe-deposit box, or

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similar object for normal opening.

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(29) "Secretary" means the Secretary of Business and

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Professional Regulation.

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(30) "Tryout key" means a manipulation key that may or may

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not be one of a set of similar keys used for a specific series,

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keyway, or brand of lock to open, bypass, override, or neutralize

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a lock by means other than intended by the manufacturer.

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468.906 Florida Board of Locksmiths; membership;

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organization; powers and duties.--

267

(1) There is created in the Department of Business and

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Professional Regulation the Florida Board of Locksmiths for the

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purpose of administering licensing and registration of persons

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performing locksmith services. The board shall be composed of

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nine members appointed by the Governor and confirmed by the

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Senate. Five board members must be locksmith contractors,

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locksmiths, or a combination of the two. Two board members must

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be automotive-only locksmiths. One board member must be a

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certified electrical contractor. One board member must be a

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consumer who is not by training or experience a locksmith, is not

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the spouse, parent, child, or sibling of a locksmith, and has no

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direct or indirect financial interest, except as a consumer, in

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the locksmith profession. Each board member, except the consumer

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member, must have at least 3 years' experience in his or her

281

profession and be currently engaged in that profession or must be

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honorably retired from his or her profession and must have more

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than 5 years' experience in the profession prior to retirement.

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Each board member must be a resident of the state. Board members

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shall be appointed in such a manner as to equitably represent all

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geographic areas of the state.

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(2) Board members shall be appointed for 4-year terms. No

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member shall serve more than two consecutive 4-year terms, nor

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serve for more than 11 years on the board. To ensure continuity

290

of board policies, the Governor shall initially appoint two

291

members for a 1-year term, two members for a 2-year term, two

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members for a 3-year term, and three members for a 4-year term.

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As the terms of members expire, the Governor shall appoint

294

successors for terms of 4 years. A member whose term has expired

295

shall continue to serve until such time as a replacement is

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appointed and confirmed. Any vacancy occurring prior to

297

expiration of a term shall be filled by the Governor for the

298

remainder of the term.

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(3) The board shall annually elect from its membership a

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chair and a vice chair. The board shall convene at the call of

301

its chair or at the request of a majority of the members of the

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board. Five members of the board shall constitute a quorum. The

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affirmative vote of the majority of the members present is

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required for any action or recommendation by the board.

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(4) The powers and duties of the board shall be as follows:

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(a) To establish the qualifications for licensing and

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registering and to ensure the competency and integrity of

308

applicants to engage in the profession;

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(b) To examine, or cause to be examined, the qualifications

310

of each applicant for licensing, including, when necessary, the

311

preparation, administration, and grading of examinations;

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licensing;

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(d) To recommend to the department the fees for

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application, examination, background checks, registration,

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licensing, and renewal of such that are sufficient to cover all

317

expenses for the administration and operation of the board and a

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proportionate share of the expenses of the department;

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(e) To, either directly or through a designee, periodically

320

consult with state and federal law enforcement officials to

321

determine whether current licensees have criminal convictions;

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(f) To receive and investigate complaints concerning the

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conduct of any person whose activities are regulated by the board

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and to take appropriate disciplinary action, if warranted;

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(g) To ensure inspections are conducted relating to the

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operations of this profession to ensure competency and lawful

327

compliance;

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(h) To recommend to the department revocation, suspension,

329

or nonrenewal of a license for just cause as enumerated in the

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rules of the board; and

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(i) To issue a code of ethics under which the professional

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activities of persons regulated shall be conducted, encouraging

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self-policing of all standards by all locksmiths.

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(5) Provisions of chapter 455 relating to the activities

335

and duties of the board not in conflict with this part shall

336

apply.

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468.907 Rulemaking authority.--

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(1) The board has the authority to adopt rules pursuant to

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ss. 120.536(1) and 120.54 to implement provisions of this part

340

and chapter 455 conferring duties upon it. The board shall adopt

341

rules relating, but not limited, to the following:

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(a) Requirements for training and licensing of locksmith

343

contractors.

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(b) Requirements for registration and training for

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locksmiths, automotive-only locksmiths, and apprentices.

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fingerprint checks for persons governed by this part.

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(d) Establishment of application, examination, licensure,

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registration, certification, renewal, and other reasonable and

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necessary fees, based upon the department's estimate of the costs

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to the board in administering this part.

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(e) Establishment of competency standards, in consultation

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with the department, after public hearings and consultation with

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locksmith contractors, locksmiths, and automotive-only

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locksmiths.

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(f) Establishment of a code of ethics under which the

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professional activities of persons regulated under this part

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shall be conducted, encouraging self-policing of all standards

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established under the code by such persons.

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(g) Disciplinary guidelines applicable to each ground for

361

disciplinary action which may be imposed by the board pursuant to

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s. 455.2273, this part, and any rule of the board or department,

363

including, but not limited to, specifying a meaningful range of

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designated penalties based upon severity and repetition of

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specific offenses and designation of mitigating and aggravating

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circumstances.

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(2) The application form for initial or renewal of a

368

license or registration, including any forms required for

369

fingerprint and criminal background checks, photo identification

370

cards, method to obtain and renew photographs, and other

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requirements of the department for implementing this part shall

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be established by department rule, in accordance with its

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authority to adopt rules under ss. 120.536(1) and 120.54, and

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administered by the board.

375

468.908 Requirements for licensing; examination;

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nontransferability of license.--

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(1)(a) The board shall evaluate the competency of any

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person applying for licensing as a locksmith contractor.

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(b) The board may develop and administer an examination

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program to evaluate competency or, after review of its adequacy,

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scope, and content, rely on an examination program developed and

382

administered by others. The board shall, by rule, establish the

383

examination score needed for qualification for licensing.

384

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of applicants and selection of an examination provider shall

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apply.

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(2) Any person desiring to be licensed as a locksmith

388

contractor shall apply to the department on forms furnished by

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the department. The department shall license each applicant whom

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the board attests:

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(a) Has completed the application form and remitted a

392

nonrefundable application fee as determined by board rule;

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(b) Is at least 18 years of age;

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established by board rule;

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(d) Shows proof of insurance as required in s. 468.914;

397

(e) Has submitted to the department a set of fingerprints

398

on a form and under procedures specified by the board and the

399

department, along with a completed affidavit for his or her

400

criminal record, if any, and payment in an amount equal to the

401

costs incurred by the department for the fingerprint and criminal

402

background check of the applicant. The board, or its designee,

403

shall periodically, including at the time of license renewal,

404

consult with state and federal law enforcement officials to

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determine whether current licensees have new criminal

406

convictions; and

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(f) Does not have an unpardoned felony in his or her

408

criminal record related to any previous employment in the

409

locksmith profession or has had any prior license to do business

410

revoked for fraud or misrepresentation.

411

(3) An applicant shall not be refused a license to practice

412

as a locksmith contractor solely because of a prior criminal

413

conviction, unless the criminal conviction directly relates to

414

the locksmith profession. However, the board shall have the

415

authority to refuse to forward to the department an applicant for

416

a license, if, based on all the information available, including

417

the applicant's record of prior criminal convictions, it finds

418

that the applicant is unfit or unsuited to engage in the

419

locksmith profession.

420

(4) The license granted under this part shall not be

421

transferred or assigned and is valid only with respect to the

422

locksmith contractor to whom it is issued.

423

468.909 Licensure by endorsement.--

424

(1) A nonresident of this state may be licensed as a

425

locksmith contractor by meeting one of the following

426

requirements:

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(a) Conforms to the provisions of this part and the rules

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of the board and department pertaining to this part; or

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(b) Holds a valid locksmith contractor license, or the

430

equivalent thereof, in another state with which reciprocity has

431

been established by the board.

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(2) The board may waive examination requirements for any

433

person who has been issued a locksmith contractor license, or the

434

equivalent thereof, within the previous 3 years, from another

435

state which the board has determined tests for competency

436

standards equivalent to those established pursuant to this part

437

and the license has not expired or been revoked.

438

468.911 License renewal; continuing education.--

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(1) The term of each license shall be no longer than 2

440

years. A license shall expire on its anniversary date unless

441

renewed, suspended, or revoked.

442

(2) The department shall renew a license:

443

(a) Upon receipt of the renewal application and fee;

444

(b) Upon receipt of proof of insurance as required in s.

445

468.914;

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under procedures specified by the board and the department, along

448

with a completed affidavit for his or her criminal record, if

449

any, and payment in an amount equal to the costs incurred by the

450

department for the fingerprint and criminal background check of

451

the applicant;

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(d) Upon receipt of verification of completion of

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continuing education requirements as delineated in subsection

454

(4); and

455

(e) Upon the board attesting that the applicant is

456

qualified for relicensure.

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(3) An applicant shall not be refused a renewal of a

458

license to practice as a locksmith contractor solely because of a

459

prior criminal conviction, unless the criminal conviction

460

directly relates to the profession for which the license is

461

sought. However, the board shall have the authority to refuse to

462

certify to the department an applicant for a license, if, based

463

on all the information available, including the applicant's

464

record of prior convictions, it finds that the applicant is unfit

465

or unsuited to engage in such profession.

466

(4)(a) As a prerequisite for license renewal, every 2 years

467

a locksmith contractor licensed under this part must complete a

468

minimum of 16 hours of continuing education training classes

469

approved by the board and must provide documentation of such

470

completion to the board. A minimum of 4 hours of the continuing

471

education requirement must include a review of the Americans with

472

Disabilities Act and the Life Safety Code.

473

(b) As a prerequisite for license renewal, every 2 years an

474

automotive-only locksmith contractor licensed under this part

475

must complete a minimum of 8 hours of continuing education

476

classes approved by the board and must provide documentation of

477

such completion to the board.

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468.912 Registration requirements; registration renewal;

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continuing education.--

480

(1) Any employee of a locksmith contractor who performs

481

locksmithing services as defined in s. 468.905 shall be

482

registered with the department.

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(2) A licensed locksmith contractor may employ or

484

supervise, in the conduct of the organization's business, a

485

person who meets the following requirements:

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(a) Is a United States citizen or a legal resident alien;

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(b) Has been determined by the department not to have been

488

convicted of a felony or misdemeanor offense in this or any other

489

state, nor convicted of any crime related to the practice of

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locksmithing;

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least 16 years of age if an apprentice locksmith; and

493

(d) Has not had a license or registration refused, denied,

494

suspended, or revoked under this part.

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(3) No person may be employed by a locksmith contractor

496

until he or she has executed and furnished to the employer, on

497

forms approved by the board and the department, a verified

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statement, to be known as the "employee's statement," providing:

499

(a) The person's full name, date of birth, and residence

500

address;

501

(b) The name of the country of which the person is a

502

citizen and, if the person is not a United States citizen, proof

503

that the person is a legal resident alien;

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immediately preceding the date of execution of the employee's

506

statement, the location of the business or occupation, and the

507

names of employers, if any;

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(d) That the person has not had a license or employee

509

registration refused, revoked, or suspended under this part;

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(e) Any conviction of a felony that directly relates to the

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locksmithing profession; and

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(f) Any other information as may be required by the

513

department to show the good character, competency, and integrity

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of the person executing the employee's statement.

515

(4)(a) A person seeking employment as a locksmith, an

516

automotive-only locksmith, or an apprentice locksmith shall

517

submit to the board, with the applicable fees, on fingerprint

518

cards furnished by the board, two complete sets of fingerprints

519

that are verified to be those of the applicant for employment. If

520

an applicant's fingerprint cards are returned to the board as

521

unclassifiable by the screening agency, the applicant has 30

522

calendar days after notification is sent by the board to submit

523

fingerprints taken by a different fingerprint technician.

524

(b) It is unlawful for an applicant for employment as a

525

locksmith, automotive-only locksmith, or an apprentice locksmith

526

to file with the department the fingerprints of a person other

527

than himself or herself, or for an employer to fail to exercise

528

diligence in resubmitting replacement fingerprints for an

529

employee who has had original fingerprint submissions returned as

530

unclassifiable by the screening agency.

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(5) Upon receipt of the verified fingerprint cards, the

532

department shall cause the fingerprints to be compared with

533

fingerprints of criminals now or hereafter filed with the

534

department. The department may also cause the fingerprints to be

535

checked against the fingerprints of criminals now or hereafter

536

filed in the records of other official fingerprint files within

537

or without the state. The department shall notify the submitting

538

locksmith contractor within 10 business days upon the invoking of

539

a procedure to deny registration.

540

(6) Within 5 business days after receipt of the application

541

materials, the department shall begin the criminal record

542

investigation by checking the applicant's name with immediately

543

available criminal history information systems.

544

(7)(a) To maintain his or her standing as a locksmith,

545

every 2 years a locksmith employed by a locksmith contractor must

546

complete 16 hours of continuing education training classes

547

approved by the board and must provide documentation of such

548

completion to the board upon request.

549

(b) While serving as an apprentice, an apprentice locksmith

550

must complete a minimum of 16 hours of board-approved continuing

551

education every year and must provide documentation of such

552

completion to the board upon request.

553

554

education training under this subsection must include a review of

555

the Americans with Disabilities Act and the Life Safety Code and

556

documentation of such completion must be provided to the board

557

upon request.

558

(d) An automotive-only locksmith employed by a locksmith

559

contractor must also complete a minimum of 8 hours of board-

560

approved continuing education every 2 years and must provide

561

documentation of such completion to the board upon request.

562

(e) An automotive-only apprentice locksmith must complete a

563

minimum of 8 hours of board-approved education every year and

564

must provide documentation of such completion to the board upon

565

request.

566

(f) The locksmith, apprentice locksmith, automotive-only

567

locksmith, and automotive-only apprentice locksmith must also

568

provide other information as may be required by the board, by

569

rule, to renew his or her registration biennially.

570

(8)(a) Failure of a locksmith, automotive-only locksmith,

571

apprentice locksmith, or automotive-only apprentice locksmith to

572

meet the requisite continuing education requirement shall result

573

in a board-imposed fine and designated time period for compliance

574

with the requirement. Failure to comply by the designated time

575

shall result in the levy of additional fines and may result in

576

the removal of his or her standing and registration as a

577

locksmith, automotive-only locksmith, apprentice locksmith, or

578

automotive-only apprentice locksmith.

579

(b) The board shall, by rule, provide for the

580

implementation of this subsection, including fines to be levied.

581

(9) A duly authorized representative of the department or

582

board shall have access to all records to be kept under this

583

section upon 3 business days' advance notice provided in writing

584

to the locksmith contractor.

585

468.913 Locksmith contractor employer requirements.--

586

(1) No locksmith contractor may employ any person who

587

performs locksmith services under this part unless the employer:

588

(a) Submits to the department the name, address, date of

589

birth, and such other information sufficient to identify the

590

individual, as the board shall require by rule, including, but

591

not limited to, fingerprint cards and fees.

592

(b) Exercises due diligence to ensure that the person is

593

qualified under the requirements of this part to be a locksmith

594

or an apprentice locksmith.

595

(2) Each employer shall maintain a record of each employee

596

that contains the following information:

597

(a) Two photographs shall be taken within 10 days of the

598

date that the employee begins employment. One copy shall be used

599

for the employee's photo identification card. The second shall be

600

retained in the employee's personnel record by the employer.

601

These photographs shall be replaced with a current photograph

602

every 3 calendar years.

603

(b) A background check on each employee, which shall be

604

completed a minimum of once every 3 calendar years and a copy of

605

which shall be kept in the employee's personal record for

606

inspection and another copy of which shall be submitted to the

607

board or department upon request.

608

609

any certificates issued.

610

(3) The locksmith contractor must supply a photo

611

identification card to any locksmith contractor, locksmith,

612

automotive-only locksmith, apprentice locksmith, and automotive-

613

only apprentice locksmith under his or her supervision.

614

468.914 Insurance.--A locksmith contractor must maintain an

615

insurance policy sufficient for the purpose of paying claims or

616

judgments for damages which may occur as a result of negligence

617

of such contractor or his or her employees. Minimum insurance

618

requirements are general or professional liability, and, if

619

applicable, workers' compensation.

620

468.915 Identification cards; display of license and

621

license numbers.--

622

(1) Requirements for the photo identification card form,

623

the method to obtain and renew photographs, and the use and

624

display of licenses and license numbers shall be included in

625

rules adopted by the department pursuant to s. 468.907.

626

(2) All individuals licensed or registered under this part

627

shall display a photo identification card on their person at all

628

times when performing locksmith services. Every photo

629

identification card shall contain the individual's name, the name

630

of the business, and the locksmith contractor's license number.

631

(3)(a) An identification card for a locksmith contractor

632

and a locksmith shall include the word "Locksmith."

633

(b) An identification card for an automotive-only locksmith

634

shall include the words "Automotive-Only Locksmith."

635

636

shall include the words "Apprentice Locksmith" or "Apprentice

637

Automotive-Only Locksmith."

638

(4) A locksmith contractor shall display a copy of his or

639

her license at his or her normal places of business and in a

640

manner easily readable by the general public. A locksmith

641

contractor providing mobile only service shall retain a copy of

642

his or her license in his or her service vehicle for presentation

643

to any person of the general public, any law enforcement officer,

644

or any state or local official immediately upon request.

645

(5)(a) Any advertisement or advertising, service vehicles,

646

and forms must include the license number of the locksmith

647

contractor and the name of the business listed with the

648

department.

649

(b) For the purposes of this subsection, "advertisement" or

650

"advertising" includes any business card, stationery, brochure,

651

flyer, circular, newsletter, fax, form, printed or published paid

652

advertisement in any media form, directory listing, or telephone

653

book listing.

654

655

first violation of this subsection and a minimum fine of $1,000

656

for each subsequent violation. The penalty may be sued for and

657

recovered.

658

468.916 Customer identification.--

659

(1) Any locksmith contractor or locksmith who knowingly and

660

willfully opens any motor vehicle or residential or commercial

661

establishment, or originates a key for another, by any method,

662

whether or not for compensation, shall make a reasonable attempt

663

to obtain and record the following information on the work order

664

or sales receipt form:

665

(a) The street address or location of the motor vehicle to

666

be opened, the motor vehicle's license or identification (VIN)

667

number, the street address of the resident or commercial

668

establishment to be opened, and the signature of the person for

669

whom the motor vehicle, residence, or commercial establishment

670

was opened.

671

(b) The name, address, telephone number, and driver's

672

license number of the person requesting the entry service, if

673

appropriate.

674

(2) A copy of each work order or sales receipt shall be

675

retained for 2 years and shall include the name of the person

676

performing the service. A copy of each work order or sales

677

receipt shall be readily available for inspection by any law

678

enforcement officer, by the department, or by the board anytime

679

during normal business hours.

680

468.917 Prohibited activities; penalties.--

681

(1) A person may not:

682

(a) Act as or offer to act as a locksmith and provide

683

locksmith services unless he or she is a locksmith contractor

684

with a license that has not expired or been revoked or suspended

685

or is employed by a licensed locksmith contractor.

686

(b) Advertise that he or she is in the locksmith business

687

or hold himself or herself out to the public as a locksmith

688

unless he or she is a licensed locksmith contractor with a

689

license that has not expired or been revoked or suspended or is

690

employed as a locksmith by a licensed locksmith contractor.

691

692

bump, change, master, manipulation, or tryout keys; car opening

693

tools; code grabbing devices; lock picks; safe-opening tools; or

694

manuals or codebooks in any format, either in person, through an

695

intermediary, through mail order, or any other remote-procurement

696

method, unless he or she is a locksmith contractor whose license

697

has not expired or been revoked or suspended, is employed as a

698

locksmith and is registered with the board and department, or is

699

specifically exempted under this part.

700

(d) Obtain ownership or possession of car opening tools,

701

either in person, through an intermediary, or through mail order

702

or any other remote procurement method, unless he or she is

703

legitimately employed in and is actively performing duties in the

704

motor vehicle repossession, recovery, repair, or towing business.

705

(e) Possess locksmithing tools, implements, or outfits

706

unless the person is a bona fide dealer, locksmith contractor,

707

locksmith, automobile repossessor, motor vehicle recovery or

708

towing service employee, or locking device manufacturer, or such

709

manufacturer's agent, who has a reasonable need to possess

710

locksmithing tools, implements, or outfits for demonstration,

711

testing, and research purposes. Possession by any other person

712

shall be prima facie evidence of an intent to commit burglary,

713

robbery, or larceny.

714

(f) Be employed as an apprentice locksmith and act as a

715

supervisor of any locksmith.

716

(2) An organization may not:

717

(a) Provide or offer locksmith services unless such

718

services are or can be provided by a locksmith contractor who

719

possesses a license which has not expired or been revoked or

720

suspended and is employed by the organization or are or can be

721

provided by a locksmith employed by the organization.

722

(b) Obtain ownership or possession of locksmithing tools;

723

safe-opening tools; bump, change, master, manipulation, or

724

tryouts keys; code grabbing devices; lock picks; or car opening

725

tools, manuals, or codebooks by means of an employee, officer, or

726

other person who violates this subsection.

727

(3) It shall be unlawful for any person or organization to

728

engage in any of the following acts:

729

(a) Making use of any designation provided by statute or

730

rule to denote a standard of professional or occupational

731

competence required under this part without being duly registered

732

or licensed under this part;

733

(b) Making use of any title, words, letters, or

734

abbreviations which may reasonably be confused with a designation

735

provided by statute or rule to denote a standard of professional

736

or occupational competence required under this part without being

737

duly registered or licensed under this part;

738

739

application for licensing or registration; or

740

(d) Willfully refusing to furnish the board or department

741

information or records required or requested pursuant to state

742

law or rules.

743

(4)(a) Any person who violates any provision of paragraphs

744

(1)(a)-(d) commits a misdemeanor of the first degree, punishable

745

as provided in s. 775.082 or s. 775.083.

746

(b) Any person, other than such person as permitted in this

747

part, who has in his or her possession any locksmithing tools,

748

implements, or outfits with intent to commit burglary, robbery,

749

or larceny, upon conviction thereof, commits a felony of the

750

third degree, punishable as provided in s. 775.082, s. 775.083,

751

or s. 775.084.

752

753

that willfully engages in any unlawful act enumerated in this

754

section commits a misdemeanor of the first degree, punishable as

755

provided in s. 775.082 or s. 775.083. The third or any subsequent

756

conviction for violating this section during a 36-month period

757

constitutes a felony of the third degree, punishable as provided

758

in s. 775.082, s. 775.083, or s. 775.084.

759

(5) The department may institute proceedings in equity to

760

enjoin any person, partnership, corporation, or other entity from

761

engaging in any unlawful act enumerated in this section. Such

762

proceedings shall be brought in the name of the state by the

763

department or board in the circuit court of the city or county in

764

which the unlawful act occurred or in which the defendant

765

resides.

766

(6) In addition to the above penalties, any person licensed

767

by the department who violates any law, rule, or provision of

768

this part that pertains to the profession of locksmithing and who

769

is not criminally prosecuted for the violation shall be subject

770

to the monetary penalty provided in this subsection.

771

(a) If the board determines that a respondent is guilty of

772

the violation complained of, the board shall recommend to the

773

department the amount of the monetary penalty for the violation,

774

which shall not exceed $10,000 for each violation. The penalty

775

may be sued for and recovered.

776

(b) After a formal fact finding, wherein a sanction is

777

imposed to fine, to suspend, revoke, or deny a license, or to

778

deny renewal of a license, the department may assess the license

779

holder the cost of conducting such a fact finding when the

780

department has final authority to grant a license, unless the

781

department determines that the offense was inadvertent or done in

782

a good faith belief that the act did not violate a state law or

783

rule. The cost shall be limited to the reasonable hourly rate for

784

the hearing officer and the actual cost of recording the

785

proceedings.

786

468.918 Disciplinary proceedings.--

787

(1) The following acts constitute grounds for which the

788

disciplinary actions in subsection (2) may be taken:

789

(a) Violation of any provision of s. 468.917 or any other

790

provision of this part.

791

(b) Violation of chapter 455.

792

793

pursuant to chapter 455 or this part or any order of the

794

department or board previously entered in a disciplinary hearing.

795

(2) When the board finds any person guilty of any of the

796

grounds set forth in subsection (1), it may enter an order

797

imposing one or more of the penalties set forth in s. 455.227(2).

798

468.919 Lists of licensed locksmith contractors and

799

locksmiths.--

800

(1) The department shall maintain a list of the names and

801

addresses of all locksmith contractors licensed under this part

802

as well as all locksmiths and apprentice locksmiths. The lists

803

shall be made available by the department to any person upon

804

request and payment of the required fee.

805

(2) The locksmith contractor must notify the department

806

within 10 business days of a locksmith or an apprentice locksmith

807

no longer working under the license of the locksmith contractor.

808

Section 2. This act shall take effect July 1, 2008.

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