HB 107

1
A bill to be entitled
2An act relating to locksmith services; creating part XII
3of ch. 559, F.S.; providing a short title; providing
4findings and purpose; preempting, by a time certain,
5regulation of locksmith services and those performing such
6services to the state; providing scope and application;
7providing exemptions; providing definitions; providing
8rulemaking authority for the Department of Agriculture and
9Consumer Services; requiring licensure of locksmith
10services businesses; delineating requirements for
11licensing; authorizing licensure by endorsement under
12certain circumstances; providing license renewal
13requirements and process; requiring a locksmith services
14business employer to meet certain requirements in order to
15employ persons as locksmiths or automotive-only
16locksmiths; requiring certain information to be in
17specified employee records; requiring a locksmith services
18business to have liability insurance; requiring a
19locksmith services business to issue a photo
20identification card to each employee performing locksmith
21services; requiring display of photo identification;
22requiring a locksmith services business to display its
23license and to display the license number and other
24information in all advertising; requiring maintenance of
25certain records by a locksmith services business;
26specifying acceptable forms of payment for work performed;
27authorizing review of records by law enforcement and the
28department; prohibiting a locksmith services business to
29require a person to waive certain rights as a precondition
30for service; requiring the Department of Law Enforcement
31to provide certain records to the department upon request;
32delineating prohibited acts; providing administrative
33remedies and penalties, civil penalties and remedies, and
34criminal penalties; providing that a violation of this
35part constitutes a deceptive and unfair trade practice;
36providing for deposit of penalty proceeds in the General
37Inspection Trust Fund; creating the Florida Locksmith
38Services Advisory Council within the Department of
39Agriculture and Consumer Services; providing membership
40and terms; providing operating procedures and powers and
41duties; requiring the department to provide administrative
42and staff support; providing an effective date.
43
44Be It Enacted by the Legislature of the State of Florida:
45
46     Section 1.  Part XII of chapter 559, Florida Statutes,
47consisting of sections 559.941, 559.942, 559.943, 559.944,
48559.945, 559.946, 559.947, 559.948, 559.949, 559.95, 559.951,
49559.952, 559.953, 559.954, 559.955, 559.956, 559.957, 559.958,
50559.959, 559.96, 559.961, and 559.962, Florida Statutes, is
51created to read:
52
PART XII
53
LOCKSMITH SERVICES
54     559.941  Short title.--This part may be cited as the
55"Florida Locksmith Services Act."
56     559.942  Findings and purpose.--
57     (1)  The Legislature finds that:
58     (a)  Locksmiths and automotive-only locksmiths operate in
59the public trust to service, secure, and protect persons and
60property.
61     (b)  Locksmiths and automotive-only locksmiths must be
62trained in regulations and laws applicable to their profession,
63such as the Americans with Disabilities Act, building codes, and
64fire and life safety codes, as well as trained in the proper
65installation and maintenance of security devices and in the
66ever-evolving knowledge of motor vehicle locks, keys, and built-
67in security systems.
68     (c)  The current laws and rules of this state do not
69protect its citizens from the unscrupulous use of the tools and
70knowledge of the locksmith profession by untrained persons or by
71persons who have criminal intent or have been convicted of
72certain crimes.
73     (d)  As trained and tested experts in physical, motor
74vehicle, and electronic security, locksmiths and automotive-only
75locksmiths make positive contributions to statewide homeland
76security by protecting and providing services for homes,
77businesses, hospitals, schools, government buildings, and motor
78vehicles of first responders or emergency responders.
79     (e)  The licensing and regulation of persons performing
80locksmith services in this state is necessary to protect the
81safety and security of the public.
82     (2)  The purpose of this part is to protect the public from
83the misuse of locksmithing knowledge, supplies, manuals, or
84equipment which results in the violation of public safety and
85security, through the licensing of locksmith services
86businesses.
87     559.943  Preemption.--Effective July 1, 2010, this part
88preempts any local act, law, ordinance, or regulation of a
89county or municipality which pertains to locksmith services and
90those who perform locksmith services.
91     559.944  Scope and application; exemptions.--This part
92shall apply to all locksmith services businesses and all those
93providing locksmith services in the state but does not apply to
94the following:
95     (1)  A member of a police department, fire department, or
96other government agency, in his or her official line of duty,
97providing emergency opening services.
98     (2)  A sales representative providing a bona fide sales
99demonstration of products to locksmiths.
100     (3)  An in-store employee of a hardware, do-it-yourself
101home products sales store, or other retail store rekeying locks
102just purchased, or about to be purchased, in the store of the
103employee.
104     (4)  A licensed low voltage contractor installing or
105servicing electromechanical, electronic, or electromagnetic
106devices and peripheral hardware.
107     (5)  Any person acquiring or using any key-duplication
108machine or key blanks to duplicate keys.
109     (6)  A property owner or an agent of the property owner
110maintaining a file of key cutting data for a master-key system
111on the property.
112     (7)  An employee of a bank, savings and loan, credit union,
113or trust company providing safe, safe-deposit box, or vault
114opening or servicing services at his or her place of employment.
115     (8)  An automotive service dealer, a lock manufacturer, or
116an agent of a lock manufacturer servicing, installing,
117repairing, or rebuilding automotive locks or originating and
118duplicating automotive keys.
119     (9)  Building trades personnel installing locks or locking
120devices on a project that requires a building permit.
121     (10)  A wrecker operator as defined in s. 1.01(15)
122possessing and using car opening tools necessary to unlock
123vehicles to facilitate towing.
124     (11)  A purchaser of locksmith services or other consumer
125who possesses equipment, manuals, or instructions intended and
126necessary for that person to maintain and operate specific
127locking, opening, or security systems installed into real or
128personal property owned, leased or rented, or occupied by the
129purchaser or consumer.
130     559.945  Definitions.--As used in this part:
131     (1)  "Advertise" means to advise, announce, give notice of,
132publish, or call attention to by use of oral, written, or
133graphic statement made in any media form, including, without
134limitation, a newspaper or other publication, directory listing,
135telephone book listing, or on radio or television, any
136electronic medium, or contained in any notice, handbill, sign,
137including signage on vehicle, flyer, catalog or letter, or
138printed on or contained in any tag or label attached to or
139accompanying any good.
140     (2)  "Automotive-only locksmith" means a natural person, at
141least 18 years of age, who performs locksmith services, as
142defined in paragraphs (20)(e)-(g), for the public for
143compensation while in the employ of a locksmith services
144business.
145     (3)  "Bump key" means any fabricated, specially shaped, or
146modified key intended to be used to unlock a lock by any means
147other than the specific method designed to open the lock.
148     (4)  "Car opening tool" means any metal, cloth, nylon,
149rubber, or plastic tool or device designed to enter, bypass, or
150otherwise overcome the locking systems or locking mechanisms of
151a motor vehicle by any means other than the specific method
152designed to open the lock.
153     (5)  "Change key" means a key planned and cut to operate a
154specific group or series of locks which all have the same
155combination of tumblers, pins, or wafers.
156     (6)  "Codebook" means a compilation, in any form, of key
157codes.
158     (7)  "Code grabbing device" means any device that can
159receive, record, or receive and record the code signal sent by
160the transmitter of a motor vehicle's security, alarm, or
161immobilizer system and playback the signal to disarm, bypass, or
162neutralize the system.
163     (8)  "Compensation" means money, fee, emolument, quid pro
164quo, barter, remuneration, pay, reward, indemnification, or
165satisfaction.
166     (9)  "Consumer" or "customer" means the person who
167purchases or receives locksmith services.
168     (10)  "Department" means the Department of Agriculture and
169Consumer Services.
170     (11)  "Emergency" means a life-threatening situation
171involving a person, livestock, or any animal generally regarded
172as a pet.
173     (12)  "Key-duplication machine" means any device capable of
174copying or reproducing keys.
175     (13)  "License" means a document issued by the department
176and granted to a locksmith services business according to the
177requirements of this part.
178     (14)  "Licensee" means a locksmith services business issued
179a license under this part.
180     (15)  "Licensing" means the granting of a license by the
181department pursuant to the requirements of chapter 120 and this
182part.
183     (16)  "Lock" means any mechanical, electromechanical,
184electronic, or electromagnetic device or similar devices,
185including any peripheral hardware such as, but not limited to,
186closed circuit television systems, wireless or infrared
187transmitters, card readers, keypads, or biometric scanners that
188are designed to control access to and egress from something or
189are designed to control the use of something.
190     (17)  "Lock pick" means any manual, electric, or electronic
191tool or device used to bypass, override, or neutralize a lock by
192any means other than the specific method designed to open the
193lock.
194     (18)  "Locksmith" means a natural person, at least 18 years
195of age, who may perform all locksmith services, as defined in
196subsection (20), for the public for compensation while in the
197employ of a locksmith services business. "Locksmith" does not
198mean a person whose activities are limited to making duplicate
199keys.
200     (19)  "Locksmith services business" means any person, who,
201for compensation, provides or attempts to provide locksmith
202services to persons located in this state or who maintains a
203place of business in this state.
204     (20)  "Locksmithing" or "locksmith services" means:
205     (a)  Selling, installing, servicing, repairing, repinning,
206recombinating, and adjusting locks, safes, vaults, or safe-
207deposit boxes;
208     (b)  Originating, duplicating, and copying keys;
209     (c)  Opening, bypassing, and neutralizing locks, safes,
210vaults, or safe-deposit boxes;
211     (d)  Creating, documenting, selling, installing, managing,
212and servicing master-key systems;
213     (e)  Unlocking, bypassing, or neutralizing locks of motor
214vehicles by means other than intended by the manufacturer;
215     (f)  Originating of keys for motor vehicles that includes,
216if necessary, the programming, reprogramming, or bypassing of
217any security, transponder, or immobilizer systems or subsequent
218technology built in by the manufacturer; and
219     (g)  Keying, rekeying, or recombinating of motor vehicle
220locks.
221     (21)  "Locksmithing tool" means any tool that is designed,
222or intended by the user to be used, to open a mechanical,
223electronic, magnetic, or electrical locking device by any means
224other than that intended by the manufacturer for such a device
225in normal operation.
226     (22)  "Manipulation key" means any key other than a change
227or master key that can be variably positioned or manipulated in
228a keyway to bypass, override, or neutralize a lock by any means
229other than the specific method designed to open the lock. For
230the purposes of this part, the term "manipulation key" shall
231also apply to wiggle and bump keys.
232     (23)  "Master key" means a key planned or cut to operate
233all locks in a series or group of locks, with each lock in the
234series or group having its own unique key. For the purposes of
235this part, sub-master, grand master, great grand master,
236emergency override, and maid's keys shall be considered the same
237as a master key.
238     (24)  "Master-key system" means a system of locks in which
239a lock is keyed so that it can be operated by its own individual
240key and can also be operated by a key that can operate locks in
241the system that are also keyed to their own individual keys.
242     (25)  "Motor vehicle" means a "motor vehicle" as defined in
243s. 559.903(5).
244     (26)  "Organization" means any entity other than a natural
245person.
246     (27)  "Person" means a "person" as defined in s. 1.01(3).
247     (28)  "Photo identification card" means a document supplied
248by the locksmith services business licensee with a photograph of
249the employee authorized to perform locksmith services as a
250locksmith or as an automotive-only locksmith, the format of
251which is approved by the department.
252     (29)  "Place of business" means a physical place where the
253business of locksmith services is conducted, including any
254vehicle constituting a mobile locksmith services business from
255which the business of locksmith services is conducted.
256     (30)  "Safe-opening tool" means any tool designed, or
257intended by the user to be used, to open a safe, safe-deposit
258box, or similar object by means other than that which is
259intended by the manufacturer of the safe, vault, safe-deposit
260box, or similar object for normal opening.
261     (31)  "Tryout key" means a manipulation key that may or may
262not be one of a set of similar keys used for a specific series,
263keyway, or brand of lock to open, bypass, override, or
264neutralize a lock by means other than intended by the
265manufacturer.
266     559.946  Rulemaking authority.--
267     (1)  The department has the authority to adopt rules
268pursuant to ss. 120.536(1) and 120.54 to implement provisions of
269this part.
270     (2)  The department shall adopt rules relating, but not
271limited, to the following:
272     (a)  Requirements for licensing locksmith services
273businesses.
274     (b)  Requirements and process for background checks and
275fingerprint checks for persons governed by this part.
276     (c)  Forms required to implement this part, including
277license applications, license renewals, fingerprint card
278submissions, background checks, and photo identification cards.
279     (d)  Establishment of application, licensing, renewal, and
280other reasonable and necessary fees, based upon the department's
281estimate of the costs to the department in administering this
282part.
283     (e)  Creation and periodic update of a background check fee
284schedule to incorporate fee changes by the Federal Bureau of
285Investigation, the Department of Law Enforcement, and other
286entities involved in such background checks.
287     (f)  Methods to obtain and renew photographs for photo
288identification.
289     (g)  Use and display of licenses and license numbers.
290     559.947  Locksmith services business licensing;
291application.--
292     (1)  Each locksmith services business providing or
293attempting to provide locksmith services must have a valid
294license issued by the department prior to doing business in this
295state. The application for a license must be on a form provided
296by the department and must include at least the following
297information:
298     (a)  The full legal name of the applicant.
299     (b)  The name or names under which the applicant is doing
300business. If the applicant is doing business under one or more
301fictitious names, the date or dates on which the applicant
302registered each fictitious name with the Department of State.
303     (c)  The physical address at which the applicant performs
304locksmith services or, in the case of a mobile locksmith
305services business, the home address of the applicant, if
306different from the mailing address.
307     (d)  The mailing address of the applicant.
308     (e)  The full name, address, and telephone number for each
309of the following:
310     1.  Each locksmith or automotive-only locksmith employed by
311the applicant.
312     2.  If the applicant is not a corporation or partnership,
313each owner of the applicant.
314     3.  If the applicant is a partnership, each general
315partner.
316     4.  If the applicant is a limited liability corporation,
317each managing member.
318     5.  If the applicant is a corporation, each officer and
319director and specifying each official position with and
320corporate office held by that person.
321     6.  The applicant's Florida agent for service of process.
322     (f)  If the applicant is not a natural person, a statement
323providing the following:
324     1.  The type of legal entity, such as a corporation,
325partnership, or other limited liability corporation.
326     2.  The jurisdiction and date of legal creation of the
327entity.
328     3.  The applicant's federal employer identification number.
329     4.  If a foreign business entity, the date it registered
330with the Department of State for authority to do business in the
331state.
332     (g)  The names of all other corporations, business
333entities, and trade names through which each owner of the
334locksmith services business operated, was known, or did business
335as a locksmith services business within the 5 years immediately
336preceding the date of the application.
337     (h)  Proof of insurance as required under s. 559.951.
338     (i)  The number of locksmiths and automotive-only
339locksmiths which the applicant intends to employ or which are
340currently employed.
341     (2)  The application must be accompanied by the following:
342     (a)  For each individual identified in paragraph (1)(e), a
343set of fingerprints on a form and under procedures specified by
344the department, along with a completed affidavit of the
345individual's criminal record, if any, and a nonrefundable
346payment in an amount equal to the actual costs incurred by the
347department for the fingerprint analysis and criminal background
348check of the applicant. The department shall submit the
349fingerprints to the Department of Law Enforcement for state
350processing, and the Department of Law Enforcement shall forward
351the fingerprints to the Federal Bureau of Investigation for a
352national criminal history check.
353     (b)  A nonrefundable payment for the biennial license fee,
354calculated as follows:
355     1.  If the applicant employs one to five locksmiths,
356automotive-only locksmiths, or a combination of the two, at the
357specified location, an amount not to exceed:  $800.
358     2.  If the applicant employs six or more locksmiths,
359automotive-only locksmiths, or a combination of the two, at the
360specified location, an amount not to exceed:  $1,600.
361     (3)  Periodically, including at the time of license
362renewal, the department shall consult with state and federal law
363enforcement officials to determine whether any of the
364individuals disclosed by a licensee have any change in their
365criminal records.
366     (4)  Each licensee must file with the department the
367information and fingerprints required by this section for any
368new locksmith or automotive-only locksmith employee or other
369individual subject to the disclosure requirements of paragraph
370(1)(e) within 10 days after the date the individual assumes such
371duties with the licensee.
372     (5)  An individual may not be a locksmith, an automotive-
373only locksmith, or an independent contractor, owner, partner,
374officer, director, or managing member of a licensee if the
375individual:
376     (a)  Was convicted or found guilty of, or pled guilty or
377nolo contendere to, or was incarcerated as a result of having
378previously been convicted or found guilty of, or pled guilty or
379nolo contendere to, regardless of adjudication, a felony within
380the last 10 years; or
381     (b)  Was convicted or found guilty of, or pled guilty or
382nolo contendere to, or was incarcerated as a result of having
383previously been convicted or found guilty of, or pled guilty or
384nolo contendere to, regardless of adjudication, a crime
385involving trespass, burglary, theft, larceny, dealing in stolen
386property, receiving stolen property, embezzlement, obtaining
387property by false pretenses, possession of altered property, or
388any other fraudulent or dishonest dealing within the last 10
389years.
390     (6)  The department shall issue to each applicant a license
391certificate in the form and size as prescribed by the department
392in accordance with s. 120.60. The certificate must show at least
393the name, address, and license number of the locksmith services
394business. In the case of a mobile locksmith services business,
395the certificate must show the home address of the owner, if
396different from the business address.
397     (7)  Any person applying for or renewing a local business
398tax receipt to engage in business as a locksmith services
399business must exhibit a valid license certificate from the
400department before the local business tax receipt may be issued
401or renewed.
402     (8)  In the case of a mobile locksmith services business,
403the established place of business shall be considered the home
404address of the owner, if different from the business address.
405     (9)  A separate license is required for each locksmith
406services business.
407     (10)  A licensee who seeks to move a locksmith services
408business to another location must give 30 days' prior written
409notice to the department by certified or registered mail, return
410receipt requested, and the department must then amend the
411license to indicate the new location and issue an amended
412license certificate.
413     (11)  The license granted under this part may not be
414transferred or assigned and is valid only for the licensee and
415the location for which it is issued.
416     (12)  The department may deny, revoke, or refuse to renew
417the license of a locksmith services business based upon a
418determination that the locksmith services business or any of its
419directors, officers, owners, general partners, locksmiths, or
420automotive-only locksmiths:
421     (a)  Failed to meet the requirements for licensure as
422provided in this part;
423     (b)  Failed to satisfy a civil fine, administrative fine,
424or other penalty arising out of any administrative or
425enforcement action brought by any governmental agency;
426     (c)  Received any civil, criminal, or administrative
427adjudication in any jurisdiction;
428     (d)  Have pending against them any criminal,
429administrative, or enforcement proceedings in any jurisdiction;
430or
431     (e)  Have had a judgment entered against them in any action
432brought pursuant to part II of chapter 501, the Florida
433Deceptive and Unfair Trade Practices Act.
434     559.948  Licensing by endorsement.--
435     (1)  A nonresident of this state may be licensed as a
436locksmith services business by meeting one of the following
437requirements:
438     (a)  Conforming to the provisions of this part and the
439rules of the department pertaining to this part; or
440     (b)  Holding a valid locksmith services business license,
441or the equivalent thereof, in another state with which
442reciprocity has been established by the department.
443     (2)  The department may establish reciprocity criteria by
444rule pursuant to the following guidelines:
445     (a)  The licensure program of the other state must grant
446Florida-licensed locksmith services businesses reciprocity under
447the same terms and conditions required by this part.
448     (b)  Licensing criteria in the other state must require the
449same information as required under s. 559.947.
450     (c)  The other state must license all locksmith services
451businesses which are resident in that state and seek to perform
452locksmith services in this state.
453     559.949  License renewal.--
454     (1)  Each license must be renewed biennially on or before
455the expiration date of the current license.
456     (2)  To apply for renewal of a license, the licensee shall
457file all of the following with the department:
458     (a)  A renewal application on the form required by the
459department, providing the information and disclosures required
460by s. 559.947.
461     (b)  The annual license fees calculated as required by s.
462559.947.
463     (c)  Proof of insurance as required in s. 559.951.
464     (d)  Verification of no changes in the criminal history of
465each individual disclosed during the previous license period
466pursuant to s. 559.947.
467     (e)  The complete information, fingerprints, and fees
468required by s. 559.947(2) for all individuals disclosed pursuant
469to s. 559.947(1)(e) who were not previously disclosed in the
470prior license period.
471     559.95  Locksmith services business employer
472requirements.--
473     (1)  A locksmith services business may not employ any
474person who performs any locksmith services as defined under this
475part unless:
476     (a)  The locksmith services business issues each locksmith
477and automotive-only locksmith an identification card pursuant to
478s. 559.952; and
479     (b)1.  If employed as an automotive-only locksmith, the
480employee completes a course of training in industry ethics; or
481     2.  If employed as a locksmith, the employee completes
482courses of training in industry ethics, the Americans with
483Disabilities Act, the Florida Fire Prevention Code, and the Life
484Safety Code.
485     (2)  Each locksmith services business shall maintain a
486record of each locksmith and automotive-only locksmith employee
487that contains the following information:
488     (a)  Two photographs of the employee, which shall be taken
489within 10 days after the date the employee begins employment.
490One copy shall be used for the employee's photo identification
491card. The second shall be retained in the employee's personnel
492record. These photographs shall be replaced with a current
493photograph every 3 calendar years.
494     (b)  A background check on each employee, which shall be
495completed a minimum of once every 3 calendar years and a copy of
496which shall be kept in the employee's personnel record for
497inspection and another copy of which shall be submitted to the
498department upon request.
499     (c)  Each certificate showing completion of the training
500required under subparagraph (1)(b)1. for an automotive-only
501locksmith employee or under subparagraph (1)(b)2. for a
502locksmith employee.
503     559.951  Liability insurance.--Each locksmith services
504business must maintain current and valid liability insurance
505coverage of at least $100,000 per incident for loss or damages
506resulting from the negligence of the locksmith services business
507or its locksmith or automotive-only locksmith employees.
508     (1)  The locksmith services business must provide the
509department with evidence of liability insurance coverage before
510the business is licensed by the department.
511     (2)  The failure of a locksmith services business to
512maintain insurance coverage in accordance with this section
513constitutes an immediate threat to the public health, safety,
514and welfare. If a locksmith services business fails to maintain
515insurance coverage, the department may immediately suspend the
516business' license or eligibility for licensure, and the business
517must immediately cease operating as a locksmith services
518business. In addition, and notwithstanding the availability of
519any administrative relief pursuant to chapter 120, the
520department may seek from the appropriate circuit court an
521immediate injunction prohibiting the locksmith services business
522from operating until the business complies with this section and
523imposing a civil penalty not to exceed $10,000 and court costs.
524     (3)  The required insurance coverage must be issued by an
525insurance company or carrier licensed to transact business in
526this state under the Florida Insurance Code as designated in s.
527624.01. The department shall require a locksmith services
528business to present a certificate of insurance of the required
529coverage before issuance or renewal of a license. The department
530shall be named as a certificateholder in the certificate and
531must be notified at least 30 days before any changes in
532insurance coverage.
533     559.952  Identification cards; display of license and
534license number.--
535     (1)  Each locksmith services business shall issue a photo
536identification card to each employee performing locksmith
537services as a locksmith or as an automotive-only locksmith.
538     (a)  Every photo identification card shall contain the name
539of the individual employee, the name of the locksmith services
540business, and the license number of the locksmith services
541business.
542     (b)  An identification card for a person employed as a
543locksmith shall include the word "Locksmith."
544     (c)  An identification card for a person employed as an
545automotive-only locksmith shall include the words "Automotive-
546Only Locksmith."
547     (2)  All locksmith employees and automotive-only locksmith
548employees of a licensed locksmith services business shall
549display a photo identification card on their person at all times
550when performing locksmith services.
551     (3)  A locksmith services business shall display a copy of
552the license issued by the department at the place of business
553and in a manner easily readable by the general public. A
554locksmith services business providing mobile only service shall
555retain a copy of the license issued by the department in the
556service vehicle for presentation to any person of the general
557public, any law enforcement officer, or any state or local
558official immediately upon request.
559     (4)  Any advertisement or advertising, service vehicles,
560and forms must include the license number of the locksmith
561services business and the name of the business listed with the
562department.
563     559.953  Acceptable forms of payment; locksmith services
564business records.--
565     (1)  A locksmith services business shall accept a minimum
566of two of the three following forms of payment:
567     (a)  Cash, cashier's check, money order, or traveler's
568check;
569     (b)  Valid personal check, showing upon its face the name
570and address of the person for whom the locksmith services were
571performed or an authorized representative; or
572     (c)  Valid credit card, which shall include, but not be
573limited to, Visa or MasterCard.
574     (2)  A locksmith services business must clearly and
575conspicuously disclose to the person requesting locksmith
576services in the work order, invoice, or sales receipt the forms
577of payment the locksmith services business will accept,
578including the forms of payment described in subsection (1).
579     (3)  A copy of each work order, invoice, or sales receipt
580shall be retained for 2 years and shall include the name of the
581person performing the service. A copy of each work order,
582invoice, or sales receipt shall be readily available for
583inspection by any law enforcement officer or by the department
584anytime during normal business hours.
585     559.954  Requirement of waiver of rights prohibited.--It
586shall be unlawful for any locksmith services business to require
587that any person waive his or her rights provided in this part as
588a precondition to the performance of locksmith services by the
589business.
590     559.955  Records of the Department of Law Enforcement.--The
591Department of Law Enforcement, on request, must supply to the
592department any arrest and conviction records in its possession
593of an individual applying for or holding a license under this
594part.
595     559.956  Violations.--It is a violation of this part to:
596     (1)  Offer to provide or provide locksmith services without
597first being issued a valid license by the department.
598     (2)  Misrepresent that locksmith services have been
599completed.
600     (3)  Advertise or represent oneself as a locksmith services
601business without first being issued a valid license by the
602department.
603     (4)  Obtain, own, or possess locksmithing tools; bump,
604change, master, manipulation, or tryout keys; car opening tools;
605code grabbing devices; lock picks; safe-opening tools; or
606manuals or codebooks in any format, either in person, through an
607intermediary, through mail order, or by any other remote-
608procurement method, without first being issued a valid license
609by the department.
610     (5)  Obtain, own, or possess car opening tools, either in
611person, through an intermediary, or through mail order or by any
612other remote procurement method, without first being issued a
613valid license by the department.
614     (6)  Possess locksmithing tools, implements, or outfits
615unless the person is a dealer, a locksmith services business
616licensed under this part or a locksmith or automotive-only
617locksmith employed by such a business, an automobile
618repossessor, a motor vehicle recovery or towing service
619employee, or a locking-device manufacturer, or such
620manufacturer's agent, who has a reasonable need to possess
621locksmithing tools, implements, or outfits for demonstration,
622testing, and research purposes. Possession by any other person
623shall be prima facie evidence of an intent to commit burglary,
624robbery, or larceny.
625     (7)  Fraudulently misuse any customer's credit card.
626     (8)  Fail or refuse, after notice, to provide any law
627enforcement officer or the department with any document or
628record or disclose any information required to be produced or
629disclosed.
630     (9)  File with the department the fingerprints of a person
631other than the specific individual for whom fingerprints must be
632submitted pursuant to s. 559.947(2)(a) or s. 559.949(2)(e) or
633fail to submit replacement fingerprints for a locksmith or
634automotive-only locksmith employee whose original fingerprint
635submissions are returned to the department as unclassifiable by
636the screening agency.
637     (10)  Use a local mailing address, registration facility,
638drop box, or answering service in the promotion, advertisement,
639solicitation, or sale of locksmith services unless the licensed
640business address of the locksmith services business is clearly
641disclosed during any telephone solicitation and is prominently
642and conspicuously disclosed in all advertisements and on the
643work orders, invoices, or sales receipts.
644     (11)  Operate as a locksmith services business in a
645location other than that stated on the license certificate.
646     (12)  Make or authorize in any manner or by any means
647whatever any written or oral statement which is untrue,
648deceptive, or misleading, and which is known, or which by the
649exercise of reasonable care should be known, to be untrue,
650deceptive, or misleading.
651     (13)  Make a false statement in response to any request or
652investigation by the department, the Department of Legal
653Affairs, any law enforcement officer, or the state attorney.
654     (14)  Make a material false statement in any application,
655document, or record required to be submitted or retained under
656this part.
657     (15)  Commit any other act of fraud, misrepresentation, or
658failure to disclose a material fact.
659     (16)  Disclose or permit the disclosure of any customer
660information without the customer's written approval except as
661authorized by this part.
662     (17)  Violate any provisions of this part or of the rules
663adopted or orders issued under this part.
664     559.957  Administrative remedies; penalties.--
665     (1)  The department shall process consumer complaints as
666provided in ss. 570.07 and 570.544.
667     (2)  Any locksmith services business shall allow department
668personnel to enter its place or places of business to ascertain
669whether the license certificate is current. If department
670personnel are refused entry or access to the premises, the
671department may seek injunctive relief in circuit court in order
672to obtain compliance with this subsection.
673     (3)  The department may enter an order doing one or more of
674the following if the department finds that a locksmith services
675business has violated or is operating in violation of this part
676or the rules adopted or orders issued under this part:
677     (a)  Issuing a notice of noncompliance under s. 120.695.
678     (b)  Imposing an administrative fine not to exceed $10,000
679for each act or omission.
680     (c)  Directing that the locksmith services business cease
681and desist specified activities.
682     (d)  Refusing to issue a license or revoking or suspending
683a license.
684     (e)  Placing the licensee on probation for a period of
685time, subject to the conditions specified by the department.
686     (4)  The administrative proceedings which could result in
687the entry of an order imposing any of the penalties specified in
688subsection (3) are governed by chapter 120.
689     (5)  In a final order imposing an administrative fine or
690suspending, revoking, or denying initial issuance or renewal of
691a license, the department may assess the sanctioned party the
692cost of conducting such administrative proceedings when the
693department has final authority to grant a license, unless the
694department determines that the offense was inadvertent or done
695in a good faith belief that the act did not violate a state law
696or rule. The cost shall be limited to the reasonable hourly rate
697for the hearing officer and the actual cost of recording or
698transcribing the proceedings.
699     (6)  The department shall post a prominent "Closed by Order
700of the Department" sign on any locksmith services business that
701has had its license suspended or revoked. The department shall
702also post a sign on any locksmith services business that has
703been judicially or administratively determined to be operating
704without a license. It is a misdemeanor of the second degree,
705punishable as provided in s. 775.082 or s. 775.083, for any
706person to deface such sign or remove such sign without written
707authorization by the department or for any locksmith services
708business to open for operation without a license or to open for
709operation as a locksmith services business while its license is
710suspended or revoked. The department may impose administrative
711sanctions provided for in this section for violations of this
712subsection.
713     559.958  Civil penalties; remedies.--
714     (1)  Any customer injured by a violation of this part may
715bring an action in the appropriate court for relief. The
716prevailing party in that action may be entitled to damages plus
717court costs and reasonable attorney's fees. The customer may
718also bring an action for injunctive relief in the circuit court.
719     (2)  The department may institute a civil action in a court
720of competent jurisdiction to recover any penalties or damages
721authorized in this part and for injunctive relief to enforce
722compliance with this part.
723     (3)  The department may seek a civil penalty of up to
724$10,000 for each violation of this part.
725     (4)  The department may seek restitution for and on behalf
726of any consumer injured by a violation of this part.
727     (5)  Any agreement or representation that purports to
728waive, limit, restrict, or avoid any of the duties, obligations,
729or prescriptions of the locksmith services business, as provided
730in this part, is void.
731     (6)  The remedies provided in this part are in addition to
732any other remedies available for the same conduct.
733     559.959  Criminal penalties.--
734     (1)  Any person who violates any provision of s.
735559.956(1)-(4) commits a misdemeanor of the first degree,
736punishable as provided in s. 775.082 or s. 775.083.
737     (2)  Any person, other than a licensed locksmith services
738business or the identified employees of a licensed locksmith
739services business performing locksmith services, who has in his
740or her possession any locksmithing tools, implements, or outfits
741with intent to commit burglary, robbery, or larceny, upon
742conviction thereof, is guilty of a felony of the third degree,
743punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
744     (3)  Unless otherwise specified, any person or organization
745that engages in any unlawful act enumerated in s. 559.956
746commits a misdemeanor of the first degree, punishable as
747provided in s. 775.082 or s. 775.083. The third or any
748subsequent conviction for violating s. 559.956 during a 36-month
749period constitutes a felony of the third degree, punishable as
750provided in s. 775.082, s. 775.083, or s. 775.084.
751     559.96  Deceptive and unfair trade practice.--Any violation
752of this part constitutes a deceptive and unfair trade practice
753under part II of chapter 501, the Florida Deceptive and Unfair
754Trade Practices Act, and administrative rules adopted in
755accordance with that act.
756     559.961  General Inspection Trust Fund; payments.--Any
757moneys recovered by the department as a penalty under this part
758shall be deposited in the General Inspection Trust Fund.
759     559.962  Florida Locksmith Services Advisory Council.--The
760Florida Locksmith Services Advisory Council is created to advise
761and assist the department in carrying out this part.
762     (1)  The membership of the council may not exceed nine
763members appointed by the Commissioner of Agriculture.
764     (a)  Seven industry members of the council must be chosen
765from individuals already engaged in the locksmith services
766business in locksmith services businesses that are licensed
767under this part, as follows:
768     1.  Five members of the council must be individuals
769employed by separate, licensed locksmith services businesses and
770who do not provide automotive-only locksmith services.
771     2.  Two members of the council must be individuals employed
772by separate, licensed locksmith services businesses and who
773provide automotive-only locksmith services.
774     (b)  One member of the council must be an electrical
775contractor certified under chapter 489.
776     (c)  One member of the council must be a consumer who is
777not connected with the locksmith services business.
778
779Each council member, except the consumer member, must have at
780least 3 years' experience in his or her profession and be
781currently engaged in that profession. Each council member must
782be a resident of the state. Council members shall be from
783different geographic regions of the state.
784     (2)  Council members shall be appointed for 4-year terms. A
785member whose term has expired shall continue to serve until such
786time as a replacement is appointed. Any vacancy occurring prior
787to expiration of a term shall be filled by the commissioner for
788the remainder of the term.
789     (3)(a)  The council shall annually elect from its
790membership a chair and a vice chair.
791     (b)  The council shall meet at the call of its chair, at
792the request of a majority of its membership, or at the request
793of the department.
794     (c)  In conducting its meetings, the council shall use
795accepted rules of procedure. The department shall keep a
796complete record of each meeting, which must show the names of
797members present and the actions taken. These records and other
798documents about matters within the jurisdiction of the council
799must be kept on file with the department.
800     (4)  The members of the council shall receive no
801compensation for their services, except that they may receive
802per diem and travel expenses as provided in s. 112.061.
803     (5)  The department shall be responsible for providing
804administrative and staff support services relating to the
805functions of the council.
806     (6)  The council may review the rules relating to this part
807which are adopted by the department and may advise the
808department on matters relating to advancements in industry
809standards and practices and other issues that require technical
810expertise and consultation or that promote better consumer
811protection in the locksmith services industry.
812     Section 2.  This act shall take effect October 1, 2009.


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