HB 549

1	A bill to be entitled
2	An act relating to locksmith services; creating part XVII
3	of ch. 468, F.S.; providing a short title; providing
4	findings and purpose; preempting, by a time certain,
5	regulation of locksmith services and those performing such
6	services to the state; requiring, by a time certain,
7	specified qualifications to provide locksmith services;
8	providing exemptions; providing definitions; creating the
9	Florida Board of Locksmiths within the Department of
10	Business and Professional Regulation; providing
11	membership; providing board operating procedures and
12	powers and duties; providing rulemaking authority for the
13	board and the department; authorizing the board to develop
14	and administer an examination program or to use a program
15	developed and administered by others; providing
16	applicability of ch. 455, F.S.; delineating requirements
17	for licensing; authorizing licensure by endorsement under
18	certain circumstances; providing biennial license renewal
19	requirements and process; requiring continuing education
20	as a prerequisite for license renewal; establishing hours
21	of continuing education for locksmith contractors and
22	automotive-only locksmith contractors; requiring
23	registering of certain information on locksmiths and
24	apprentice locksmiths with the department and the board;
25	requiring a locksmith contractor to employ persons as
26	locksmiths or apprentice locksmiths who meet specified
27	requirements; providing continuing education requirements
28	for locksmiths and apprentice locksmiths; providing that
29	failure to meet continuing education requirements results
30	in certain board-imposed sanctions; requiring biennial
31	renewal of registrations; providing board and department
32	access to all locksmith and apprentice locksmith records
33	relating to compliance with this part; providing employer
34	requirements for locksmith contractors; providing
35	insurance requirements for locksmith contractors;
36	requiring photo identification cards for locksmith
37	contractors, locksmiths, and apprentice locksmiths;
38	requiring locksmith contractors to display licenses and to
39	display license numbers and other information in all
40	advertising; providing fines for noncompliance; requiring
41	the department to provide in rule certain directions
42	related to photo identification cards and license and
43	license number display; requiring customer identification
44	information when locksmith services are performed;
45	requiring retention of work order or sales receipts for a
46	specified time; requiring access to such information by
47	law enforcement, the board, and the department;
48	delineating prohibited acts; providing penalties;
49	delineating disciplinary proceedings; requiring the
50	department to maintain a list of locksmith contractors,
51	locksmiths, and apprentice locksmiths; providing an
52	effective date.
53
54	Be It Enacted by the Legislature of the State of Florida:
55
56	Section 1.  Part XVII of chapter 468, Florida Statutes,
57	consisting of sections 468.901, 468.902, 468.9025, 468.903,
58	468.904, 468.905, 468.906, 468.907, 468.908, 468.909, 468.911,
59	468.912, 468.913, 468.914, 468.915, 468.916, 468.917, 468.918,
60	and 468.919, is created to read:
61	PART XVII
62	LOCKSMITH SERVICES
63	468.901  Short title.--This part may be cited as the
64	"Florida Locksmith Services Act."
65	468.902  Findings and purpose.--
66	(1)  The Legislature finds that:
67	(a)  Locksmiths operate in the public trust to service,
68	secure, and protect persons and property;
69	(b)  Locksmiths must be trained in regulations and laws
70	applicable to their profession such as the Americans with
71	Disabilities Act, building codes, and fire and life safety
72	codes, as well as trained in the proper installation and
73	maintenance of security devices and in the ever-evolving
74	knowledge of motor vehicle locks, keys, and built-in security
75	systems;
76	(c)  The current laws and rules of this state do not
77	protect its citizens from the unscrupulous use of the tools and
78	knowledge of the locksmith profession by untrained persons or by
79	persons who have criminal intent or have been convicted of
80	certain crimes;
81	(d)  As trained and tested experts in physical, motor
82	vehicle, and electronic security, locksmiths make positive
83	contributions to statewide homeland security by protecting and
84	providing services for homes, businesses, hospitals, schools,
85	government buildings, and motor vehicles of first responders or
86	emergency responders; and
87	(e)  The licensing and regulation of persons performing
88	locksmith services in this state is necessary to protect the
89	safety and security of the public.
90	(2)  The purpose of this part is to protect the public from
91	the misuse of locksmithing knowledge, supplies, manuals, or
92	equipment which results in the violation of public safety and
93	security, through the licensing of locksmith contractors.
94	468.9025  Preemption.--Effective July 1, 2009, this part
95	preempts any local act, law, ordinance, or regulation of a
96	county or municipality which pertains to locksmith services and
97	those who perform locksmith services.
98	468.903  Qualifications for practice.--Effective July 1,
99	2009, no person shall do business in the state as a locksmith
100	contractor without having obtained the proper license from the
101	department. No person other than a duly licensed locksmith
102	contractor, a registered locksmith working under the supervision
103	of a locksmith contractor, or a registered apprentice locksmith
104	working under the supervision of a locksmith contractor or a
105	locksmith shall provide locksmith services in this state unless
106	exempted under s. 468.904.
107	468.904  Exemptions.--This part does not apply to:
108	(1)  A member of a police department, fire department, or
109	other government agency, in his or her official line of duty,
110	providing emergency opening services.
111	(2)  A sales representative providing a bona fide sales
112	demonstration of products to locksmiths.
113	(3)  An in-store employee of a hardware or do-it-yourself
114	home products sales store rekeying locks just purchased, or
115	about to be purchased, in the store of the employee.
116	(4)  A licensed low voltage contractor installing or
117	servicing electromechanical, electronic, or electromagnetic
118	devices and peripheral hardware.
119	(5)  An individual acquiring or using any key-duplication
120	machine or key blanks for personal use.
121	(6)  A property owner or an agent of the property owner
122	maintaining a file of key cutting data for a master-key system
123	on the property.
124	(7)  An employee of a bank, savings and loan, credit union,
125	or trust company providing safe, safe-deposit box, or vault
126	opening or servicing services at his or her place of employment.
127	(8)  An automotive service dealer, a lock manufacturer, or
128	an agent of a lock manufacturer servicing, installing,
129	repairing, or rebuilding automotive locks.
130	(9)  Building trades personnel installing locks or locking
131	devices on a project that requires a building permit.
132	(10)  A tow truck company or a tow truck operator
133	possessing and using car opening tools necessary to unlock
134	vehicles to facilitate towing.
135	468.905  Definitions.--As used in this part:
136	(1)  "Apprentice locksmith" means any natural person, 16
137	years of age or older, who performs locksmith services for the
138	public for compensation under the direct and continuous
139	supervision of a locksmith contractor or locksmith.
140	(2)  "Automotive-only locksmith" means a locksmith
141	contractor, locksmith, or apprentice locksmith who provides
142	locksmith services for motor vehicles only.
143	(3)  "Board" means the Florida Board of Locksmiths.
144	(4)  "Bump key" means any fabricated, specially shaped, or
145	modified key intended to be used to unlock a lock by means other
146	than intended by the manufacturer.
147	(5)  "Car opening tool" means any metal, cloth, nylon,
148	rubber, or plastic tool or device designed to enter, bypass, or
149	otherwise overcome the locking systems or locking mechanisms of
150	a motor vehicle by means other than intended by the
151	manufacturer.
152	(6)  "Change key" means a key planned and cut to operate a
153	specific group or series of locks which all have the same
154	combination of tumblers, pins, or wafers.
155	(7)  "Codebook" means a compilation, in any form, of key
156	codes.
157	(8)  "Code grabbing device" means any device that can
158	receive, record, or receive and record the code signal sent by
159	the transmitter of a motor vehicle's security, alarm, or
160	immobilizer system and playback the signal to disarm, bypass, or
161	neutralize the system.
162	(9)  "Department" means the Department of Business and
163	Professional Regulation.
164	(10)  "Designee" means a natural person who possesses the
165	requisite skill, knowledge, and experience and is responsible
166	for supervising, directing, managing, and controlling the
167	locksmith services activities of the business organization with
168	which he or she is employed; and whose technical and personal
169	qualifications have been determined by investigation and
170	examination as provided in this part by the department, as
171	attested to by the board; and who has been issued a license as a
172	locksmith contractor by the department.
173	(11)  "Emergency" means a life-threatening situation
174	involving a person or any animal generally regarded as a pet.
175	(12)  "Key-duplication machine" means any device capable of
176	copying or reproducing keys.
177	(13)  "License" means a document issued by the department
178	and granted to a locksmith contractor according to the
179	requirements of this part.
180	(14)  "Licensee" means a locksmith contractor issued a
181	license under this part.
182	(15)  "Licensing" means a method of regulation whereby the
183	state, through the issuance of a license, authorizes persons
184	possessing the character, required skills, and insurance to
185	engage in the practice of locksmithing as a locksmith
186	contractor.
187	(16)  "Lock" means any mechanical, electromechanical,
188	electronic, or electromagnetic device or similar devices,
189	including any peripheral hardware such as, but not limited to,
190	closed circuit television systems, wireless or infrared
191	transmitters, card readers, keypads, or biometric scanners that
192	are designed to control access to and egress from something or
193	are designed to control the use of something.
194	(17)  "Lock pick" means any manual, electric, or electronic
195	tool or device used to bypass, override, or neutralize a lock by
196	means other than intended by the manufacturer.
197	(18)  "Locksmith" means a natural person, at least 18 years
198	of age, who performs locksmith services for the public for
199	compensation while in the employ of a locksmith contractor and
200	whose background and experience have been verified by the board
201	and forwarded to the department for registration. "Locksmith"
202	does not mean a person whose activities are limited to making
203	duplicate keys.
204	(19)  "Locksmith contractor" means a natural person, at
205	least 18 years of age, who has been licensed by the department
206	under this part, performs locksmith services for the public,
207	receives compensation for his or her services, and is the
208	designated licensee for a business providing locksmith services.
209	(20)  "Locksmithing" or "locksmith services" means:
210	(a)  Selling, installing, servicing, repairing, repinning,
211	recombinating, and adjusting locks, safes, vaults, or safe-
212	deposit boxes;
213	(b)  Originating, duplicating, and copying keys;
214	(c)  Opening, bypassing, and neutralizing locks, safes,
215	vaults, or safe-deposit boxes;
216	(d)  Creating, documenting, selling, installing, managing,
217	and servicing master-key systems;
218	(e)  Unlocking, bypassing, or neutralizing locks of motor
219	vehicles by means other than intended by the manufacturer;
220	(f)  Originating of keys for motor vehicles that includes,
221	if necessary, the programming, reprogramming, or bypassing of
222	any security, transponder, or immobilizer systems or subsequent
223	technology built in by the manufacturer; and
224	(g)  Keying, rekeying, or recombinating of motor vehicle
225	locks.
226	(21)  "Locksmithing tool" means any tool that is designed,
227	or intended by the user to be used, to open a mechanical,
228	electronic, magnetic, or electrical locking device by any means
229	other than that intended by the manufacturer for such a device
230	in normal operation.
231	(22)  "Manipulation key" means any key other than a change
232	or master key that can be variably positioned or manipulated in
233	a keyway to bypass, override, or neutralize a lock by means
234	other than intended by the manufacturer to open a lock. For the
235	purposes of this part, the term "manipulation key" shall also
236	apply to wiggle and bump keys.
237	(23)  "Master key" means a key planned or cut to operate
238	all locks in a series or group of locks, with each lock in the
239	series or group having its own unique key. For the purposes of
240	this part, sub-master, grand master, great grand master,
241	emergency override, and maid's keys shall be considered the same
242	as a master key.
243	(24)  "Master-key system" means a system of locks in which
244	a lock is keyed so that it can be operated by its own individual
245	key and can also be operated by a key that can operate locks in
246	the system that are also keyed to their own individual keys.
247	(25)  "Organization" means any entity other than a natural
248	person, including, but not limited to, an association,
249	corporation, partnership, or sole proprietorship.
250	(26)  "Photo identification card" means a document supplied
251	by the locksmith contractor with a photograph of the locksmith
252	contractor, locksmith, or apprentice locksmith on its face, the
253	format of which is approved by the board.
254	(27)  "Registration" means the registering of locksmiths,
255	automotive-only locksmiths, and apprentice locksmiths with the
256	department and board pursuant to this part.
257	(28)  "Safe-opening tool" means any tool designed, or
258	intended by the user to be used, to open a safe, safe-deposit
259	box, or similar object by means other than that which is
260	intended by the manufacturer of the safe, vault, safe-deposit
261	box, or similar object for normal opening.
262	(29)  "Secretary" means the Secretary of Business and
263	Professional Regulation.
264	(30)  "Tryout key" means a manipulation key that may or may
265	not be one of a set of similar keys used for a specific series,
266	keyway, or brand of lock to open, bypass, override, or
267	neutralize a lock by means other than intended by the
268	manufacturer.
269	468.906  Florida Board of Locksmiths; membership;
270	organization; powers and duties.--
271	(1)  There is created in the Department of Business and
272	Professional Regulation the Florida Board of Locksmiths for the
273	purpose of administering licensing and registration of persons
274	performing locksmith services. The board shall be composed of
275	nine members appointed by the Governor and confirmed by the
276	Senate. Five board members must be locksmith contractors,
277	locksmiths, or a combination of the two. Two board members must
278	be automotive-only locksmiths. One board member must be a
279	certified electrical contractor. One board member must be a
280	consumer who is not by training or experience a locksmith, is
281	not the spouse, parent, child, or sibling of a locksmith, and
282	has no direct or indirect financial interest, except as a
283	consumer, in the locksmith profession. Each board member, except
284	the consumer member, must have at least 3 years' experience in
285	his or her profession and be currently engaged in that
286	profession or must be honorably retired from his or her
287	profession and must have more than 5 years' experience in the
288	profession prior to retirement. Each board member must be a
289	resident of the state. Board members shall be appointed in such
290	a manner as to equitably represent all geographic areas of the
291	state.
292	(2)  Board members shall be appointed for 4-year terms. No
293	member shall serve more than two consecutive 4-year terms, nor
294	serve for more than 11 years on the board. To ensure continuity
295	of board policies, the Governor shall initially appoint two
296	members for a 1-year term, two members for a 2-year term, two
297	members for a 3-year term, and three members for a 4-year term.
298	As the terms of members expire, the Governor shall appoint
299	successors for terms of 4 years. A member whose term has expired
300	shall continue to serve until such time as a replacement is
301	appointed and confirmed. Any vacancy occurring prior to
302	expiration of a term shall be filled by the Governor for the
303	remainder of the term.
304	(3)  The board shall annually elect from its membership a
305	chair and a vice chair. The board shall convene at the call of
306	its chair or at the request of a majority of the members of the
307	board. Five members of the board shall constitute a quorum. The
308	affirmative vote of the majority of the members present is
309	required for any action or recommendation by the board.
310	(4)  The powers and duties of the board shall be as
311	follows:
312	(a)  To establish the qualifications for licensing and
313	registering and to ensure the competency and integrity of
314	applicants to engage in the profession;
315	(b)  To examine, or cause to be examined, the
316	qualifications of each applicant for licensing, including, when
317	necessary, the preparation, administration, and grading of
318	examinations;
319	(c)  To recommend to the department qualified applicants
320	for licensing;
321	(d)  To recommend to the department the fees for
322	application, examination, background checks, registration,
323	licensing, and renewal of such that are sufficient to cover all
324	expenses for the administration and operation of the board and a
325	proportionate share of the expenses of the department;
326	(e)  To, either directly or through a designee,
327	periodically consult with state and federal law enforcement
328	officials to determine whether current licensees have criminal
329	convictions;
330	(f)  To receive and investigate complaints concerning the
331	conduct of any person whose activities are regulated by the
332	board and to take appropriate disciplinary action, if warranted;
333	(g)  To ensure inspections are conducted relating to the
334	operations of this profession to ensure competency and lawful
335	compliance;
336	(h)  To recommend to the department revocation, suspension,
337	or nonrenewal of a license for just cause as enumerated in the
338	rules of the board; and
339	(i)  To issue a code of ethics under which the professional
340	activities of persons regulated shall be conducted, encouraging
341	self-policing of all standards by all locksmiths.
342	(5)  Provisions of chapter 455 relating to the activities
343	and duties of the board not in conflict with this part shall
344	apply.
345	468.907  Rulemaking authority.--
346	(1)  The board has the authority to adopt rules pursuant to
347	ss. 120.536(1) and 120.54 to implement provisions of this part
348	and chapter 455 conferring duties upon it. The board shall adopt
349	rules relating, but not limited, to the following:
350	(a)  Requirements for training and licensing of locksmith
351	contractors.
352	(b)  Requirements for registration and training for
353	locksmiths, automotive-only locksmiths, and apprentices.
354	(c)  Requirements and process for background checks and
355	fingerprint checks for persons governed by this part.
356	(d)  Establishment of application, examination, licensure,
357	registration, certification, renewal, and other reasonable and
358	necessary fees, based upon the department's estimate of the
359	costs to the board in administering this part.
360	(e)  Establishment of competency standards, in consultation
361	with the department, after public hearings and consultation with
362	locksmith contractors, locksmiths, and automotive-only
363	locksmiths.
364	(f)  Establishment of a code of ethics under which the
365	professional activities of persons regulated under this part
366	shall be conducted, encouraging self-policing of all standards
367	established under the code by such persons.
368	(g)  Disciplinary guidelines applicable to each ground for
369	disciplinary action which may be imposed by the board pursuant
370	to s. 455.2273, this part, and any rule of the board or
371	department, including, but not limited to, specifying a
372	meaningful range of designated penalties based upon severity and
373	repetition of specific offenses and designation of mitigating
374	and aggravating circumstances.
375	(2)  The application form for initial or renewal of a
376	license or registration, including any forms required for
377	fingerprint and criminal background checks, photo identification
378	cards, method to obtain and renew photographs, and other
379	requirements of the department for implementing this part shall
380	be established by department rule, in accordance with its
381	authority to adopt rules under ss. 120.536(1) and 120.54, and
382	administered by the board.
383	468.908  Requirements for licensing; examination;
384	nontransferability of license.--
385	(1)(a)  The board shall evaluate the competency of any
386	person applying for licensing as a locksmith contractor.
387	(b)  The board may develop and administer an examination
388	program to evaluate competency or, after review of its adequacy,
389	scope, and content, rely on an examination program developed and
390	administered by others. The board shall, by rule, establish the
391	examination score needed for qualification for licensing.
392	(c)  The provisions of chapter 455 relating to examination
393	of applicants and selection of an examination provider shall
394	apply.
395	(2)  Any person desiring to be licensed as a locksmith
396	contractor shall apply to the department on forms furnished by
397	the department. The department shall license each applicant who
398	the board attests:
399	(a)  Has completed the application form and remitted a
400	nonrefundable application fee as determined by board rule;
401	(b)  Is at least 18 years of age;
402	(c)  Complies with the competency requirements as
403	established by board rule;
404	(d)  Shows proof of insurance as required in s. 468.914;
405	(e)  Has submitted to the department a set of fingerprints
406	on a form and under procedures specified by the board and the
407	department, along with a completed affidavit for his or her
408	criminal record, if any, and payment in an amount equal to the
409	costs incurred by the department for the fingerprint and
410	criminal background check of the applicant. The board, or its
411	designee, shall periodically, including at the time of license
412	renewal, consult with state and federal law enforcement
413	officials to determine whether current licensees have new
414	criminal convictions; and
415	(f)  Does not have an unpardoned felony in his or her
416	criminal record related to any previous employment in the
417	locksmith profession or has had any prior license to do business
418	revoked for fraud or misrepresentation.
419	(3)  An applicant shall not be refused a license to
420	practice as a locksmith contractor solely because of a prior
421	criminal conviction, unless the criminal conviction directly
422	relates to the locksmith profession. However, the board shall
423	have the authority to refuse to forward to the department an
424	applicant for a license, if, based on all the information
425	available, including the applicant's record of prior criminal
426	convictions, it finds that the applicant is unfit or unsuited to
427	engage in the locksmith profession.
428	(4)  The license granted under this part shall not be
429	transferred or assigned and is valid only with respect to the
430	locksmith contractor to whom it is issued.
431	468.909  Licensure by endorsement.--
432	(1)  A nonresident of this state may be licensed as a
433	locksmith contractor by meeting one of the following
434	requirements:
435	(a)  Conforms to the provisions of this part and the rules
436	of the board and department pertaining to this part; or
437	(b)  Holds a valid locksmith contractor license, or the
438	equivalent thereof, in another state with which reciprocity has
439	been established by the board.
440	(2)  The board may waive examination requirements for any
441	person who has been issued a locksmith contractor license, or
442	the equivalent thereof, within the previous 3 years, from
443	another state which the board has determined tests for
444	competency standards equivalent to those established pursuant to
445	this part and the license has not expired or been revoked.
446	468.911  License renewal; continuing education.--
447	(1)  The term of each license shall be no longer than 2
448	years. A license shall expire on its anniversary date unless
449	renewed, suspended, or revoked.
450	(2)  The department shall renew a license:
451	(a)  Upon receipt of the renewal application and fee;
452	(b)  Upon receipt of proof of insurance as required in s.
453	468.914;
454	(c)  Upon receipt of a set of fingerprints on a form and
455	under procedures specified by the board and the department,
456	along with a completed affidavit for his or her criminal record,
457	if any, and payment in an amount equal to the costs incurred by
458	the department for the fingerprint and criminal background check
459	of the applicant;
460	(d)  Upon receipt of verification of completion of
461	continuing education requirements as delineated in subsection
462	(4); and
463	(e)  Upon the board attesting that the applicant is
464	qualified for relicensure.
465	(3)  An applicant shall not be refused a renewal of a
466	license to practice as a locksmith contractor solely because of
467	a prior criminal conviction, unless the criminal conviction
468	directly relates to the profession for which the license is
469	sought. However, the board shall have the authority to refuse to
470	certify to the department an applicant for a license, if, based
471	on all the information available, including the applicant's
472	record of prior convictions, it finds that the applicant is
473	unfit or unsuited to engage in such profession.
474	(4)(a)  As a prerequisite for license renewal, every 2
475	years a locksmith contractor licensed under this part must
476	complete a minimum of 16 hours of continuing education training
477	classes approved by the board and must provide documentation of
478	such completion to the board. A minimum of 4 hours of the
479	continuing education requirement must include a review of the
480	Americans with Disabilities Act and the Life Safety Code.
481	(b)  As a prerequisite for license renewal, every 2 years
482	an automotive-only locksmith contractor licensed under this part
483	must complete a minimum of 8 hours of continuing education
484	classes approved by the board and must provide documentation of
485	such completion to the board.
486	468.912  Registration requirements; registration renewal;
487	continuing education.--
488	(1)  Any employee of a locksmith contractor who performs
489	locksmithing services as defined in s. 468.905 shall be
490	registered with the department.
491	(2)  A licensed locksmith contractor may employ or
492	supervise, in the conduct of the organization's business, a
493	person who meets the following requirements:
494	(a)  Is a United States citizen or a legal resident alien;
495	(b)  Has been determined by the department not to have been
496	convicted of a felony or misdemeanor offense in this or any
497	other state, nor convicted of any crime related to the practice
498	of locksmithing;
499	(c)  Is at least 18 years of age if a locksmith or is at
500	least 16 years of age if an apprentice locksmith; and
501	(d)  Has not had a license or registration refused, denied,
502	suspended, or revoked under this part.
503	(3)  No person may be employed by a locksmith contractor
504	until he or she has executed and furnished to the employer, on
505	forms approved by the board and the department, a verified
506	statement, to be known as the "employee's statement," providing:
507	(a)  The person's full name, date of birth, and residence
508	address;
509	(b)  The name of the country of which the person is a
510	citizen and, if the person is not a United States citizen, proof
511	that the person is a legal resident alien;
512	(c)  The business or occupation engaged in for the 5 years
513	immediately preceding the date of execution of the employee's
514	statement, the location of the business or occupation, and the
515	names of employers, if any;
516	(d)  That the person has not had a license or employee
517	registration refused, revoked, or suspended under this part;
518	(e)  Any conviction of a felony that directly relates to
519	the locksmithing profession; and
520	(f)  Any other information as may be required by the
521	department to show the good character, competency, and integrity
522	of the person executing the employee's statement.
523	(4)(a)  A person seeking employment as a locksmith, an
524	automotive-only locksmith, or an apprentice locksmith shall
525	submit to the board, with the applicable fees, on fingerprint
526	cards furnished by the board, two complete sets of fingerprints
527	that are verified to be those of the applicant for employment.
528	If an applicant's fingerprint cards are returned to the board as
529	unclassifiable by the screening agency, the applicant has 30
530	calendar days after notification is sent by the board to submit
531	fingerprints taken by a different fingerprint technician.
532	(b)  It is unlawful for an applicant for employment as a
533	locksmith, automotive-only locksmith, or an apprentice locksmith
534	to file with the department the fingerprints of a person other
535	than himself or herself, or for an employer to fail to exercise
536	diligence in resubmitting replacement fingerprints for an
537	employee who has had original fingerprint submissions returned
538	as unclassifiable by the screening agency.
539	(5)  Upon receipt of the verified fingerprint cards, the
540	department shall cause the fingerprints to be compared with
541	fingerprints of criminals now or hereafter filed with the
542	department. The department may also cause the fingerprints to be
543	checked against the fingerprints of criminals now or hereafter
544	filed in the records of other official fingerprint files within
545	or without the state. The department shall notify the submitting
546	locksmith contractor within 10 business days upon the invoking
547	of a procedure to deny registration.
548	(6)  Within 5 business days after receipt of the
549	application materials, the department shall begin the criminal
550	record investigation by checking the applicant's name with
551	immediately available criminal history information systems.
552	(7)(a)  To maintain his or her standing as a locksmith,
553	every 2 years a locksmith employed by a locksmith contractor
554	must complete 16 hours of continuing education training classes
555	approved by the board and must provide documentation of such
556	completion to the board upon request.
557	(b)  While serving as an apprentice, an apprentice
558	locksmith must complete a minimum of 16 hours of board-approved
559	continuing education every year and must provide documentation
560	of such completion to the board upon request.
561	(c)  A minimum of 4 hours per block of required continuing
562	education training under this subsection must include a review
563	of the Americans with Disabilities Act and the Life Safety Code
564	and documentation of such completion must be provided to the
565	board upon request.
566	(d)  An automotive-only locksmith employed by a locksmith
567	contractor must also complete a minimum of 8 hours of board-
568	approved continuing education every 2 years and must provide
569	documentation of such completion to the board upon request.
570	(e)  An automotive-only apprentice locksmith must complete
571	a minimum of 8 hours of board-approved education every year and
572	must provide documentation of such completion to the board upon
573	request.
574	(f)  The locksmith, apprentice locksmith, automotive-only
575	locksmith, and automotive-only apprentice locksmith must also
576	provide other information as may be required by the board, by
577	rule, to renew his or her registration biennially.
578	(8)(a)  Failure of a locksmith, automotive-only locksmith,
579	apprentice locksmith, or automotive-only apprentice locksmith to
580	meet the requisite continuing education requirement shall result
581	in a board-imposed fine and designated time period for
582	compliance with the requirement. Failure to comply by the
583	designated time shall result in the levy of additional fines and
584	may result in the removal of his or her standing and
585	registration as a locksmith, automotive-only locksmith,
586	apprentice locksmith, or automotive-only apprentice locksmith.
587	(b)  The board shall, by rule, provide for the
588	implementation of this subsection, including fines to be levied.
589	(9)  A duly authorized representative of the department or
590	board shall have access to all records to be kept under this
591	section upon 3 business days' advance notice provided in writing
592	to the locksmith contractor.
593	468.913  Locksmith contractor employer requirements.--
594	(1)  No locksmith contractor may employ any person who
595	performs locksmith services under this part unless the employer:
596	(a)  Submits to the department the name, address, date of
597	birth, and such other information sufficient to identify the
598	individual, as the board shall require by rule, including, but
599	not limited to, fingerprint cards and fees.
600	(b)  Exercises due diligence to ensure that the person is
601	qualified under the requirements of this part to be a locksmith
602	or an apprentice locksmith.
603	(2)  Each employer shall maintain a record of each employee
604	that contains the following information:
605	(a)  Two photographs shall be taken within 10 days of the
606	date that the employee begins employment. One copy shall be used
607	for the employee's photo identification card. The second shall
608	be retained in the employee's personnel record by the employer.
609	These photographs shall be replaced with a current photograph
610	every 3 calendar years.
611	(b)  A background check on each employee, which shall be
612	completed a minimum of once every 3 calendar years and a copy of
613	which shall be kept in the employee's personal record for
614	inspection and another copy of which shall be submitted to the
615	board or department upon request.
616	(c)  A record of continuing education accomplishments and
617	any certificates issued.
618	(3)  The locksmith contractor must supply a photo
619	identification card to any locksmith contractor, locksmith,
620	automotive-only locksmith, apprentice locksmith, and automotive-
621	only apprentice locksmith under his or her supervision.
622	468.914  Insurance.--A locksmith contractor must maintain
623	an insurance policy sufficient for the purpose of paying claims
624	or judgments for damages which may occur as a result of
625	negligence of such contractor or his or her employees. Minimum
626	insurance requirements are general or professional liability,
627	and, if applicable, workers' compensation.
628	468.915  Identification cards; display of license and
629	license numbers.--
630	(1)  Requirements for the photo identification card form,
631	the method to obtain and renew photographs, and the use and
632	display of licenses and license numbers shall be included in
633	rules adopted by the department pursuant to s. 468.907.
634	(2)  All individuals licensed or registered under this part
635	shall display a photo identification card on their person at all
636	times when performing locksmith services. Every photo
637	identification card shall contain the individual's name, the
638	name of the business, and the locksmith contractor's license
639	number.
640	(3)(a)  An identification card for a locksmith contractor
641	and a locksmith shall include the word "Locksmith."
642	(b)  An identification card for an automotive-only
643	locksmith shall include the words "Automotive-Only Locksmith."
644	(c)  An identification card for an apprentice locksmith
645	shall include the words "Apprentice Locksmith" or "Apprentice
646	Automotive-Only Locksmith."
647	(4)  A locksmith contractor shall display a copy of his or
648	her license at his or her normal places of business and in a
649	manner easily readable by the general public. A locksmith
650	contractor providing mobile only service shall retain a copy of
651	his or her license in his or her service vehicle for
652	presentation to any person of the general public, any law
653	enforcement officer, or any state or local official immediately
654	upon request.
655	(5)(a)  Any advertisement or advertising, service vehicles,
656	and forms must include the license number of the locksmith
657	contractor and the name of the business listed with the
658	department.
659	(b)  For the purposes of this subsection, "advertisement"
660	or "advertising" includes any business card, stationery,
661	brochure, flyer, circular, newsletter, fax, form, printed or
662	published paid advertisement in any media form, directory
663	listing, or telephone book listing.
664	(c)  The board may assess a minimum fine of $500 for the
665	first violation of this subsection and a minimum fine of $1,000
666	for each  subsequent violation. The penalty may be sued for and
667	recovered.
668	468.916  Customer identification.--
669	(1)  Any locksmith contractor or locksmith who knowingly
670	and willfully opens any motor vehicle or residential or
671	commercial establishment, or originates a key for another, by
672	any method, whether or not for compensation, shall make a
673	reasonable attempt to obtain and record the following
674	information on the work order or sales receipt form:
675	(a)  The street address or location of the motor vehicle to
676	be opened, the motor vehicle's license or identification (VIN)
677	number, the street address of the resident or commercial
678	establishment to be opened, and the signature of the person for
679	whom the motor vehicle, residence, or commercial establishment
680	was opened.
681	(b)  The name, address, telephone number, and driver's
682	license number of the person requesting the entry service, if
683	appropriate.
684	(2)  A copy of each work order or sales receipt shall be
685	retained for 2 years and shall include the name of the person
686	performing the service. A copy of each work order or sales
687	receipt shall be readily available for inspection by any law
688	enforcement officer, by the department, or by the board anytime
689	during normal business hours.
690	468.917  Prohibited activities; penalties.--
691	(1)  A person may not:
692	(a)  Act as or offer to act as a locksmith and provide
693	locksmith services unless he or she is a locksmith contractor
694	with a license that has not expired or been revoked or suspended
695	or is employed by a licensed locksmith contractor.
696	(b)  Advertise that he or she is in the locksmith business
697	or hold himself or herself out to the public as a locksmith
698	unless he or she is a licensed locksmith contractor with a
699	license that has not expired or been revoked or suspended or is
700	employed as a locksmith by a licensed locksmith contractor.
701	(c)  Obtain ownership or possession of locksmithing tools;
702	bump, change, master, manipulation, or tryout keys; car opening
703	tools; code grabbing devices; lock picks; safe-opening tools; or
704	manuals or codebooks in any format, either in person, through an
705	intermediary, through mail order, or any other remote-
706	procurement method, unless he or she is a locksmith contractor
707	whose license has not expired or been revoked or suspended, is
708	employed as a locksmith and is registered with the board and
709	department, or is specifically exempted under this part.
710	(d)  Obtain ownership or possession of car opening tools,
711	either in person, through an intermediary, or through mail order
712	or any other remote procurement method, unless he or she is
713	legitimately employed in and is actively performing duties in
714	the motor vehicle repossession, recovery, repair, or towing
715	business.
716	(e)  Possess locksmithing tools, implements, or outfits
717	unless the person is a bona fide dealer, locksmith contractor,
718	locksmith, automobile repossessor, motor vehicle recovery or
719	towing service employee, or locking device manufacturer, or such
720	manufacturer's agent, who has a reasonable need to possess
721	locksmithing tools, implements, or outfits for demonstration,
722	testing, and research purposes. Possession by any other person
723	shall be prima facie evidence of an intent to commit burglary,
724	robbery, or larceny.
725	(f)  Be employed as an apprentice locksmith and act as a
726	supervisor of any locksmith.
727	(2)  An organization may not:
728	(a)  Provide or offer locksmith services unless such
729	services are or can be provided by a locksmith contractor who
730	possesses a license which has not expired or been revoked or
731	suspended and is employed by the organization or are or can be
732	provided by a locksmith employed by the organization.
733	(b)  Obtain ownership or possession of locksmithing tools;
734	safe-opening tools; bump, change, master, manipulation, or
735	tryouts keys; code grabbing devices; lock picks; or car opening
736	tools, manuals, or codebooks by means of an employee, officer,
737	or other person who violates this subsection.
738	(3)  It shall be unlawful for any person or organization to
739	engage in any of the following acts:
740	(a)  Making use of any designation provided by statute or
741	rule to denote a standard of professional or occupational
742	competence required under this part without being duly
743	registered or licensed under this part;
744	(b)  Making use of any title, words, letters, or
745	abbreviations which may reasonably be confused with a
746	designation provided by statute or rule to denote a standard of
747	professional or occupational competence required under this part
748	without being duly registered or licensed under this part;
749	(c)  Providing material misrepresenting facts in an
750	application for licensing or registration; or
751	(d)  Willfully refusing to furnish the board or department
752	information or records required or requested pursuant to state
753	law or rules.
754	(4)(a)  Any person who violates any provision of paragraphs
755	(1)(a)-(d) commits a misdemeanor of the first degree, punishable
756	as provided in s. 775.082 or s. 775.083.
757	(b)  Any person, other than such person as permitted in
758	this part, who has in his or her possession any locksmithing
759	tools, implements, or outfits with intent to commit burglary,
760	robbery, or larceny, upon conviction thereof, commits a felony
761	of the third degree, punishable as provided in s. 775.082, s.
762	775.083, or s. 775.084.
763	(c)  Unless otherwise specified, any person or organization
764	that willfully engages in any unlawful act enumerated in this
765	section commits a misdemeanor of the first degree, punishable as
766	provided in s. 775.082 or s. 775.083. The third or any
767	subsequent conviction for violating this section during a 36-
768	month period constitutes a felony of the third degree,
769	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
770	(5)  The department may institute proceedings in equity to
771	enjoin any person, partnership, corporation, or other entity
772	from engaging in any unlawful act enumerated in this section.
773	Such proceedings shall be brought in the name of the state by
774	the department or board in the circuit court of the city or
775	county in which the unlawful act occurred or in which the
776	defendant resides.
777	(6)  In addition to the above penalties, any person
778	licensed by the department who violates any law, rule, or
779	provision of this part that pertains to the profession of
780	locksmithing and who is not criminally prosecuted for the
781	violation shall be subject to the monetary penalty provided in
782	this subsection.
783	(a)  If the board determines that a respondent is guilty of
784	the violation complained of, the board shall recommend to the
785	department the amount of the monetary penalty for the violation,
786	which shall not exceed $10,000 for each violation. The penalty
787	may be sued for and recovered.
788	(b)  After a formal fact finding, wherein a sanction is
789	imposed to fine, to suspend, revoke, or deny a license, or to
790	deny renewal of a license, the department may assess the license
791	holder the cost of conducting such a fact finding when the
792	department has final authority to grant a license, unless the
793	department determines that the offense was inadvertent or done
794	in a good faith belief that the act did not violate a state law
795	or rule. The cost shall be limited to the reasonable hourly rate
796	for the hearing officer and the actual cost of recording the
797	proceedings.
798	468.918  Disciplinary proceedings.--
799	(1)  The following acts constitute grounds for which the
800	disciplinary actions in subsection (2) may be taken:
801	(a)  Violation of any provision of s. 468.917 or any other
802	provision of this part.
803	(b)  Violation of chapter 455.
804	(c)  Violating a rule of the department or board adopted
805	pursuant to chapter 455 or this part or any order of the
806	department or board previously entered in a disciplinary
807	hearing.
808	(2)  When the board finds any person guilty of any of the
809	grounds set forth in subsection (1), it may enter an order
810	imposing one or more of the penalties set forth in s.
811	455.227(2).
812	468.919  Lists of licensed locksmith contractors and
813	locksmiths.--
814	(1)  The department shall maintain a list of the names and
815	addresses of all locksmith contractors licensed under this part
816	as well as all locksmiths and apprentice locksmiths. The lists
817	shall be made available by the department to any person upon
818	request and payment of the required fee.
819	(2)  The locksmith contractor must notify the department
820	within 10 business days of a locksmith or an apprentice
821	locksmith no longer working under the license of the locksmith
822	contractor.
823	Section 2.  This act shall take effect July 1, 2008.

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