CS/HB 107

1	A bill to be entitled
2	An act relating to locksmith services; creating part XII
3	of ch. 559, F.S.; providing a short title; providing
4	findings and purpose; providing definitions; providing
5	exemptions from the application of the part; requiring
6	licensure of locksmith services businesses by the
7	Department of Agriculture and Consumer Services;
8	specifying licensure and application requirements;
9	requiring license fees; providing for expiration of
10	licenses; requiring fingerprinting and background
11	screening for criminal records checks of the owner and
12	certain other persons affiliated with a locksmith services
13	business; specifying background screening requirements;
14	disqualifying certain persons from performing locksmith
15	services based upon background screening; requiring the
16	Department of Law Enforcement to retain the fingerprints
17	and search arrest records against the fingerprints;
18	requiring fees for background screening; requiring the
19	Department of Law Enforcement to provide certain records
20	to the Department of Agriculture and Consumer Services
21	upon request; authorizing licensure by endorsement under
22	certain circumstances; providing license renewal
23	requirements and procedures; providing for the denial,
24	suspension, revocation, or refusal to renew a license
25	under certain circumstances; requiring a locksmith
26	services business to maintain liability insurance;
27	prohibiting the performance of locksmith services except
28	by certain persons; authorizing locksmiths, automotive-
29	only locksmiths, and apprentice locksmiths to perform
30	locksmith services under certain circumstances;
31	establishing qualifications and training requirements for
32	locksmiths, automotive-only locksmiths, and apprentice
33	locksmiths; requiring locksmith services businesses to
34	keep certain records and issue photo identification cards
35	to locksmiths, automotive-only locksmiths, and locksmith
36	apprentices; requiring display of photo identification
37	cards and licenses; requiring a locksmith services
38	business to display its license, license number, and other
39	information in all advertising; requiring a locksmith
40	services business to accept certain methods of payment and
41	keep certain business records; authorizing the review of
42	records by law enforcement and the department; prohibiting
43	certain acts relating to the possession of locksmith
44	tools; specifying certain prohibited acts relating to the
45	operation of a locksmith services business; providing
46	civil penalties and remedies; providing administrative
47	remedies and penalties; providing that a violation of the
48	act is a deceptive and unfair trade practice; providing
49	criminal penalties; requiring the department to adopt
50	rules; providing for the deposit and use of certain funds;
51	preempting to the state the regulation of locksmith
52	services, locksmiths, and locksmith services businesses;
53	prohibiting the issuance or renewal of local business tax
54	receipts to locksmith services businesses except under
55	certain circumstances; creating the Florida Locksmith
56	Services Advisory Council within the department; providing
57	membership and terms; providing operating procedures and
58	duties; requiring the department to provide administrative
59	and staff support; providing an effective date.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  Part XII of chapter 559, Florida Statutes,
64	consisting of sections 559.941, 559.942, 559.943, 559.944,
65	559.945, 559.946, 559.947, 559.948, 559.949, 559.95, 559.951,
66	559.952, 559.953, 559.954, 559.955, 559.956, 559.957, 559.958,
67	559.959, 559.96, 559.961, and 559.962, is created to read:
68	PART XII
69	LOCKSMITH SERVICES
70	559.941  Short title.--This part may be cited as the
71	"Florida Locksmith Services Act."
72	559.942  Findings and purpose.--The Legislature finds that:
73	(1)  Locksmiths operate in the public trust to service,
74	secure, and protect persons and property.
75	(2)  Locksmiths must be trained in regulations and laws
76	applicable to their profession, including, but not limited to,
77	the federal Americans with Disabilities Act, the Florida
78	Building Code, the Florida Fire Prevention Code, and the Life
79	Safety Code, and must be trained in the proper installation and
80	maintenance of security devices, motor vehicle locks, keys, and
81	built-in security systems.
82	(3)  The purpose of this part is to provide for the
83	licensing and regulation of locksmith services businesses in
84	this state that are necessary to protect the public from the
85	misuse of locksmithing knowledge, supplies, manuals, and
86	equipment which threaten public safety and security.
87	559.943  Definitions.--As used in this part, the term:
88	(1)  "Advertise" means to advise, announce, give notice of,
89	publish, or call attention to by use of oral, written, or
90	graphic statement made in a newspaper or other publication or on
91	radio or television; made in any other electronic medium;
92	contained in any notice, handbill, sign, including signage on
93	any vehicle, flyer, catalog, or letter; or printed on or
94	contained in any tag or label attached to or accompanying any
95	good.
96	(2)  "Apprentice locksmith" means a natural person who
97	performs locksmith services on behalf of a locksmith services
98	business under the direct and continuous supervision of a
99	locksmith.
100	(3)  "Automotive-only locksmith" means a locksmith who
101	performs only those locksmith services relating to motor
102	vehicles as described in paragraphs (10)(e)-(g) on behalf of a
103	locksmith services business.
104	(4)  "Business location" means a physical location where a
105	licensee operates a locksmith services business or, if the
106	licensee is a mobile locksmith services business, the physical
107	location where the licensee's records are kept.
108	(5)  "Department" means the Department of Agriculture and
109	Consumer Services.
110	(6)  "Key duplication machine" means a device capable of
111	copying or reproducing keys.
112	(7)  "Licensee" means a locksmith services business
113	licensed under this part.
114	(8)  "Lock" means a mechanical, electromechanical,
115	electronic, or electromagnetic device or similar device,
116	including, but not limited to, any peripheral hardware such as,
117	a closed-circuit television system, wireless or infrared
118	transmitter, card reader, keypad, or biometric scanner, that is
119	designed to control access to and egress from a door, gate,
120	safe, vault, safe-deposit box, motor vehicle, or other enclosure
121	or that is designed to control the use of such an enclosure.
122	(9)  "Locksmith" means a natural person who performs any
123	locksmith services on behalf of a locksmith services business.
124	The term includes an automotive-only locksmith but does not
125	include a person whose activities are limited to making
126	duplicate keys.
127	(10)  "Locksmith services" means:
128	(a)  Selling, installing, servicing, repairing, repinning,
129	recombinating, and adjusting locks, safes, vaults, or safe-
130	deposit boxes.
131	(b)  Originating, duplicating, and copying keys.
132	(c)  Opening, bypassing, and neutralizing locks, safes,
133	vaults, or safe-deposit boxes.
134	(d)  Creating, documenting, selling, installing, managing,
135	and servicing master key systems.
136	(e)  Unlocking, bypassing, or neutralizing motor vehicle
137	locks by means other than intended by the manufacturer.
138	(f)  Originating keys for motor vehicles that includes, if
139	necessary, the programming, reprogramming, or bypassing of any
140	security, transponder, or immobilizer systems or subsequent
141	technology built in by the manufacturer.
142	(g)  Keying, rekeying, or recombinating motor vehicle
143	locks.
144	(11)  "Locksmith services business" means a person who
145	performs or offers to perform locksmith services for
146	compensation or advertises or represents himself or herself as a
147	locksmith services business in this state.
148	(12)  "Locksmith tool" means a tool that is designed, or
149	intended by the user to be used, to open a lock by any means
150	other than the specific method designed for the normal operation
151	of opening the lock. The term includes the locksmith tools
152	described in s. 559.953(2).
153	(13)  "Master key system" means a system of locks in which
154	a lock is keyed so that it can be operated by its own individual
155	key as well as by a key that operates other locks in the system
156	that are also keyed to their own individual keys.
157	(14)  "Mobile locksmith services business" means a
158	locksmith services business that operates exclusively from one
159	or more vehicles and not from a specific physical location.
160	(15)  "Motor vehicle" has the same meaning as in s.
161	559.903(5).
162	559.944  Application of part; exemptions.--This part does
163	not apply to:
164	(1)  A law enforcement officer, firefighter or voluntary
165	firefighter, emergency medical technician or paramedic, or other
166	government employee or agent who, in his or her official line of
167	duty, performs locksmith services in an emergency situation in
168	which the life of a person, livestock, or an animal generally
169	regarded as a pet is endangered.
170	(2)  A sales representative who provides a bona fide sales
171	demonstration of products to locksmiths.
172	(3)  An in-store employee of a hardware store, do-it-
173	yourself home products store, or other retail store who rekeys
174	locks being purchased in the store.
175	(4)  An electrical or alarm system contractor registered or
176	certified under chapter 489 who installs or services
177	electromechanical, electronic, or electromagnetic devices and
178	peripheral hardware.
179	(5)  A person who lawfully acquires and uses a key
180	duplication machine or key blanks to duplicate keys.
181	(6)  A property owner or agent of a property owner who
182	maintains a file of key cutting data for a master key system on
183	the property.
184	(7)  An employee of a financial institution as defined in
185	s. 655.005 who provides safe, safe-deposit box, or vault
186	services at the financial institution.
187	(8)  A motor vehicle dealer as defined in s. 320.27, a
188	motor vehicle repair shop as defined in s. 559.903, or a lock
189	manufacturer or agent of a lock manufacturer who services,
190	installs, repairs, or rebuilds motor vehicle locks or originates
191	and duplicates motor vehicle keys.
192	(9)  Building trades personnel who install locks or locking
193	devices on a construction project that requires a building
194	permit.
195	(10)  A wrecker operator as defined in s. 1.01(15) who
196	possesses or uses car-opening tools as described in s.
197	559.953(2)(b) to unlock vehicles to facilitate towing.
198	559.945  Locksmith services business; licensure.--
199	(1)  A person may not perform or offer to perform locksmith
200	services for compensation or advertise or represent himself or
201	herself as a locksmith services business in this state unless
202	the person is licensed under this part. However, a locksmith or
203	apprentice locksmith performing locksmith services on behalf of
204	a licensee is not required to obtain a separate license. An
205	application for licensure must be submitted to the department in
206	the format prescribed by the department and must include, at a
207	minimum, the following:
208	(a)  The full legal name and mailing address of the
209	applicant.
210	(b)  Each name under which the applicant does business in
211	this state and, if the applicant is doing business under a
212	fictitious name, the date on which the applicant registered the
213	fictitious name with the Department of State.
214	(c)  The mailing address, street address, and telephone
215	number of the applicant's principal business location and, if
216	the applicant performs locksmith services at more than one
217	business location the mailing address, street address, and
218	telephone number of each additional business location.
219	(d)  If the applicant is not a natural person, a statement
220	of:
221	1.  The applicant's type of business entity, such as a
222	corporation, partnership, or other limited liability
223	corporation.
224	2.  The applicant's federal employer identification number.
225	3.  Whether the applicant is a foreign or domestic business
226	entity, the state and date of incorporation, the charter number,
227	and the date that the applicant first registered with the
228	Department of State to do business in the state.
229	(e)  Each corporate, fictitious, or other business or trade
230	name under which any owner of the locksmith services business
231	operated, was known, or did business as a locksmith services
232	business within 5 years before the date of the application.
233	(f)  The full name, address, and telephone number of:
234	1.  Each locksmith, automotive-only locksmith, and
235	apprentice locksmith who performs locksmith services on behalf
236	of the applicant.
237	2.  Each officer and director of the corporation, their
238	official positions, and corporate offices, if the applicant is a
239	corporation.
240	3.  Each general partner, if the applicant is a
241	partnership.
242	4.  Each managing member, if the applicant is a limited
243	liability corporation.
244	5.  The owner of the applicant, if the applicant is a
245	proprietorship.
246	6.  The applicant's registered agent for service of process
247	in this state.
248	(g)  The number of locksmiths that the applicant currently
249	employs or intends to employ.
250	(2)  Each application must be accompanied by:
251	(a)  Payment of a nonrefundable biennial license fee,
252	calculated as follows:
253	1.  If the applicant employs one to five locksmiths, an
254	amount not to exceed $800.
255	2.  If the applicant employs six or more locksmiths, an
256	amount not to exceed $1,600.
257	(b)  Proof of liability insurance coverage as required in
258	s. 559.95.
259	(c)  For each person listed in paragraph (1)(f), a set of
260	fingerprints submitted in the manner prescribed by the
261	department, an affidavit of the person's criminal history, if
262	any, and payment of any fees or costs required under s. 559.946
263	for background screening.
264	(3)(a)  The department shall issue a license to each
265	applicant in the format prescribed by the department in
266	accordance with s. 120.60. The license must show at least the
267	name, the street address of each business location listed in the
268	application pursuant to paragraph (1)(c), and the license number
269	of the locksmith services business. If the applicant is a mobile
270	locksmith services business, the license must show the residence
271	address of the owner, if different than the street address of
272	the business location where the applicant's records are kept.
273	(b)  A license issued under this part may not be
274	transferred or assigned and is valid only for the licensee and
275	the business locations for which it is issued.
276	(c)  A locksmith services business license is valid for 2
277	years from the date of issuance. To provide for the biennial
278	renewal of licenses under s. 559.948, the department may adopt
279	rules to stagger the license expiration dates over a 2-year
280	period.
281	(4)(a)  A licensee must notify the department in writing at
282	least 30 days before changing a locksmith services business
283	location. The department shall issue to the licensee an amended
284	license that shows the new business location.
285	(b)  Within 10 days after a person listed in paragraph
286	(1)(f) begins his or her duties with a licensee, the licensee
287	must submit a set of the person's fingerprints in the manner
288	prescribed by the department, an affidavit of the person's
289	criminal history, if any, and payment of any fees or costs
290	required under s. 559.946 for background screening.
291	559.946  Locksmith services businesses; fingerprinting and
292	background screening; disqualification.--
293	(1)(a)  Each person listed in s. 559.945(1)(f) must be
294	fingerprinted and undergo background screening for criminal
295	justice information as defined in s. 943.045. The department
296	shall submit each set of fingerprints to the Department of Law
297	Enforcement for statewide criminal records checks, and the
298	Department of Law Enforcement shall forward the fingerprints to
299	the Federal Bureau of Investigation for federal criminal records
300	checks. The cost of the fingerprint processing and criminal
301	records checks shall be borne by the locksmith services business
302	or the person required to be fingerprinted and shall be paid to
303	the Department of Law Enforcement. The results of the criminal
304	records checks shall be returned to the department, and the
305	department shall screen the results to determine whether the
306	person is disqualified under subsection (2).
307	(b)  If a legible set of fingerprints, as determined by the
308	Department of Law Enforcement or the Federal Bureau of
309	Investigation, cannot be obtained after two attempts, the
310	department shall determine whether the person is disqualified
311	based upon criminal records checks under the person's name
312	conducted by the Department of Law Enforcement and the Federal
313	Bureau of Investigation.
314	(2)  A person required to undergo background screening
315	pursuant to this section may not:
316	(a)  Have been convicted or found guilty of, or pled guilty
317	or nolo contendere to, or have been incarcerated as a result of
318	having previously been convicted or found guilty of, or pled
319	guilty or nolo contendere to, regardless of adjudication, a
320	felony within the previous 10 years; or
321	(b)  Have been convicted or found guilty of, or pled guilty
322	or nolo contendere to, or have been incarcerated as a result of
323	having previously been convicted or found guilty of, or pled
324	guilty or nolo contendere to, regardless of adjudication, a
325	crime involving trespass, burglary, theft, larceny, dealing in
326	stolen property, receiving stolen property, embezzlement,
327	obtaining property by false pretenses, possession of altered
328	property, or any other fraudulent or dishonest dealing within
329	the previous 10 years.
330	(3)(a)  All fingerprints submitted to the Department of Law
331	Enforcement as required by this section shall be retained by the
332	Department of Law Enforcement in a manner provided by rule and
333	entered in the statewide automated fingerprint identification
334	system authorized by s. 943.05(2)(b). The fingerprints shall
335	thereafter be available for all purposes and uses authorized for
336	arrest fingerprints entered in the statewide automated
337	fingerprint identification system pursuant to s. 943.051.
338	(b)  The Department of Law Enforcement shall search all
339	arrest fingerprints received under s. 943.051 against the
340	fingerprints retained in the statewide automated fingerprint
341	identification system under paragraph (a). Any arrest record
342	that is identified with the retained fingerprints of a person
343	subject to background screening under this section shall be
344	reported to the department and the locksmith services business.
345	Each locksmith services business must participate in the search
346	process by notifying the Department of Law Enforcement of any
347	change in a person's status as a person listed s. 559.945(1)(f)
348	if, as a result of the change, the person's fingerprints are no
349	longer required to be retained under paragraph (a). The
350	Department of Law Enforcement shall adopt a rule setting the
351	amount of the annual fee to be imposed upon each locksmith
352	services business for performing these searches and establishing
353	the procedures for the retention of fingerprints and the
354	dissemination of search results. The fee may be borne by the
355	locksmith services business or the person fingerprinted.
356	(4)  Before expiration of the time limit in s. 120.60 for
357	approving an application, if the department does not receive
358	criminal justice information for any person listed in s.
359	559.945(1)(f), or receives criminal justice information that
360	includes a crime that may disqualify the person but does not
361	include a final disposition of the crime, the time limit in s.
362	120.60 for approving the application is extended until the
363	department receives final disposition of the crime or proof of
364	restoration of civil rights.
365	(5)  The Department of Law Enforcement shall provide the
366	department, upon request, with any criminal justice information
367	in its possession of a person who is:
368	(a)  A licensee or applicant for a license under this part;
369	or
370	(b)  Employed by a licensee or applicant for a license
371	under this part.
372	559.947  Licensure by endorsement.--
373	(1)  A person may be licensed as a locksmith services
374	business in this state upon applying to the department,
375	remitting the nonrefundable biennial license fee calculated as
376	required in s. 559.945(2)(a), and demonstrating to the
377	department that the applicant:
378	(a)  Meets the qualifications for licensure in s. 559.945;
379	or
380	(b)  Holds a valid locksmith services business license, or
381	the equivalent thereof, issued by another state, territory, or
382	possession of the United States, the District of Columbia, or
383	the Commonwealth of Puerto Rico with which the department has
384	established reciprocity.
385	(2)  The department may establish reciprocity with other
386	states, territories, or possessions of the United States, the
387	District of Columbia, or the Commonwealth of Puerto Rico and may
388	adopt criteria for establishing reciprocity, subject to the
389	following:
390	(a)  The licensing requirements of the other state,
391	territory, or possession must substantially meet or exceed the
392	requirements of s. 559.945.
393	(b)  The other state, territory, or possession must issue a
394	license, or the equivalent thereof, to a locksmith services
395	business that is licensed in this state and seeks to do business
396	in the other state, territory, or possession.
397	559.948  License renewal.--Each locksmith services business
398	license must be renewed biennially on or before the license's
399	expiration date. To apply for renewal of a license, the licensee
400	must submit each of the following to the department:
401	(1)  A renewal application in the format prescribed by the
402	department that includes the information required for initial
403	licensure in s. 559.945(1).
404	(2)  Payment of the nonrefundable biennial license fee,
405	calculated as required in s. 559.945(2)(a).
406	(3)  Proof of liability insurance coverage as required in
407	s. 559.95.
408	(4)  For each person listed in s. 559.945(1)(f), an updated
409	affidavit of the person's criminal history, if any.
410	(5)  For each person listed in s. 559.945(1)(f) who has not
411	undergone background screening, a set of fingerprints submitted
412	in the manner prescribed by the department, an affidavit of the
413	person's criminal history, if any, and payment of any fees or
414	costs required under s. 559.946.
415	559.949  Denial, suspension, revocation, or refusal to
416	renew license.--The department may deny, suspend, revoke, or
417	refuse to renew the license of a locksmith services business
418	based upon a determination that the locksmith services business
419	or any person listed in s. 559.945(1)(f):
420	(1)  Failed to meet the requirements for licensure as
421	provided in this part;
422	(2)  Is disqualified based upon background screening
423	pursuant to s. 559.946(2);
424	(3)  Failed to satisfy a civil penalty, administrative
425	fine, or other penalty arising out of an administrative or
426	enforcement action brought by any governmental agency;
427	(4)  Received any civil, criminal, or administrative
428	adjudication in any jurisdiction;
429	(5)  Has pending against the business or person any
430	criminal, administrative, or enforcement proceedings in any
431	jurisdiction; or
432	(6)  Has had a judgment entered against the business or
433	person in any action brought under the Florida Deceptive and
434	Unfair Trade Practices Act in part II of chapter 501.
435	559.95  Liability insurance.--
436	(1)  A locksmith services business must maintain current
437	and valid liability insurance coverage of at least $100,000 per
438	incident for loss or damages resulting from the negligence of
439	the locksmith services business or any of its locksmiths,
440	apprentice locksmiths, employees, or agents.
441	(2)  The insurance coverage must be issued by an insurance
442	company or carrier licensed to transact business in this state
443	under the Florida Insurance Code. The department shall require a
444	locksmith services business to present a policy or certificate
445	of insurance of the required coverage before issuance or renewal
446	of a license. The department shall be named as a
447	certificateholder in the policy or certificate and must be
448	notified at least 30 days before any changes in insurance
449	coverage.
450	(3)  If a locksmith services business does not maintain the
451	required insurance coverage, the department may immediately
452	suspend the business's license or eligibility for licensure and
453	the business shall immediately cease operating as a locksmith
454	services business. In addition, notwithstanding the availability
455	of administrative relief under chapter 120, the department may
456	seek an immediate injunction in the circuit court of the county
457	in which the business is located that prohibits the locksmith
458	services business from operating until the business complies
459	with this section and imposes a civil penalty not to exceed
460	$10,000 and reasonable court costs.
461	559.951  Locksmiths; apprentice locksmiths; photo
462	identification cards; display of license and license number.--
463	(1)  A person may not perform locksmith services on behalf
464	of a locksmith services business unless the person is the
465	licensee or one of the following:
466	(a)  Locksmith.--Except as provided in paragraph (b) for an
467	automotive-only locksmith, a locksmith must be 18 years of age
468	or older and complete 16 hours of training, including training
469	in industry ethics, the federal Americans with Disabilities Act,
470	the Florida Building Code, the Florida Fire Prevention Code, and
471	the Life Safety Code.
472	(b)  Automotive-only locksmith.--An automotive-only
473	locksmith must be 18 years of age or older and complete a
474	training course in industry ethics.
475	(c)  Apprentice locksmith.--An apprentice locksmith must be
476	15 years of age or older and complete a minimum of 16 hours of
477	training, including training in industry ethics, the federal
478	Americans with Disabilities Act, the Florida Building Code, the
479	Florida Fire Prevention Code, and the Life Safety Code. An
480	apprentice locksmith may perform locksmith services only under
481	the direct and continuous supervision of a locksmith or
482	automotive-only locksmith. An apprentice locksmith may not
483	perform or contract to perform locksmith services without the
484	express approval of his or her supervising locksmith. The
485	supervising locksmith is responsible for any violation of this
486	part committed by the apprentice locksmith.
487	(2)  Every 2 years, each locksmith and automotive-only
488	locksmith must complete at least 8 hours of training, including
489	training on the federal Americans with Disabilities Act, the
490	Florida Building Code, the Florida Fire Prevention Code, and the
491	Life Safety Code.
492	(3)  Each locksmith services business must maintain a
493	personnel record of each locksmith, automotive-only locksmith,
494	and apprentice locksmith who performs locksmith services on
495	behalf of the licensee. The personnel record must include:
496	(a)  Two copies of a photograph taken of the locksmith,
497	automotive-only locksmith, or apprentice locksmith within 10
498	days after the date that he or she begins performing locksmith
499	services on behalf of the licensee. One copy shall be used for
500	the locksmith's or apprentice's photo identification card. The
501	second copy shall be retained in his or her personnel record.
502	Both copies of the photograph shall be replaced with a current
503	photograph at least once every 2 calendar years.
504	(b)  An affidavit of the locksmith's, automotive-only
505	locksmith's, or apprentice locksmith's criminal history, if any,
506	and the results of the background screening conducted pursuant
507	to s. 559.946.
508	(c)  Each certificate showing completion of the training
509	required in subsections (1) and (2).
510	(4)  Each locksmith services business shall issue a photo
511	identification card to each locksmith, automotive-only
512	locksmith, and apprentice locksmith performing locksmith
513	services on behalf of the licensee. A photo identification card
514	must contain the name and photograph of the locksmith or
515	apprentice, the name of the locksmith services business, and the
516	license number. The photo identification card must also include:
517	(a)  For a locksmith or automotive-only locksmith, the word
518	"Locksmith."
519	(b)  For an apprentice locksmith, the word "Apprentice."
520
521	Each locksmith, automotive-only locksmith, and apprentice
522	locksmith must display the photo identification card on his or
523	her person at all times while performing locksmith services.
524	(5)  A locksmith services business must display a copy of
525	its locksmith services business license at each business
526	location in a manner easily readable by the general public. A
527	mobile locksmith services business shall keep a copy of the
528	license in each service vehicle for immediate presentation to
529	any law enforcement officer, state or local official, or member
530	of the general public upon request.
531	(6)  Each advertisement or other form of advertising, each
532	service vehicle, and each work order, invoice, sales receipt, or
533	other business form of a licensee must include the license
534	number and name of the locksmith services business as they
535	appear on the license issued by the department.
536	559.952  Acceptable forms of payment; locksmith services
537	business records.--
538	(1)  A locksmith services business shall accept at least
539	two of the following methods of payment:
540	(a)  Cash, cashier's check, money order, or traveler's
541	check;
542	(b)  Valid personal check, showing upon its face the name
543	and address of the person or an authorized representative for
544	whom the locksmith services were performed; or
545	(c)  Valid credit card, which includes, but is not limited
546	to, Visa or MasterCard.
547	(2)  A locksmith services business shall clearly and
548	conspicuously disclose to the person requesting locksmith
549	services in a work order, invoice, or sales receipt the methods
550	of payment that the locksmith services business accepts.
551	(3)(a)  A locksmith services business must retain a copy of
552	each work order, invoice, and sales receipt for at least 2
553	years.
554	(b)  Each work order, invoice, and sales receipt must
555	include the name of the person performing the service.
556	(c)  A copy of each work order, invoice, and sales receipt
557	must be readily available for inspection at any time during
558	normal business hours by any law enforcement officer or by the
559	department.
560	559.953  Locksmith tools; exemptions; prohibited acts.--
561	(1)  This section does not apply to:
562	(a)  A licensee.
563	(b)  A locksmith or apprentice locksmith performing
564	locksmith services on behalf of a licensee.
565	(c)  A motor vehicle dealer as defined in s. 320.27.
566	(d)  A recovery agent licensed under part IV of chapter
567	493.
568	(e)  A wrecker operator as defined in s. 1.01(15).
569	(f)  A lock manufacturer or the lock manufacturer's agent
570	who has a reasonable need to possess locksmith tools,
571	implements, or outfits for demonstration, testing, or research
572	purposes.
573	(2)  Except as otherwise provided in subsection (1), a
574	person may not obtain, own, or possess locksmith tools,
575	implements, or outfits, in any format, either in person, through
576	an intermediary, through mail order, or by any other procurement
577	method. As used in this subsection, the term "locksmith tools"
578	includes, but is not limited to:
579	(a)  A bump key, which is a fabricated, specially shaped or
580	modified key intended to be used to unlock a lock by any means
581	other than the specific method designed for the normal operation
582	of opening the lock.
583	(b)  A car-opening tool, which is a metal, cloth, nylon,
584	rubber, or plastic tool or device designed to enter, bypass, or
585	otherwise overcome the locking systems or locking mechanisms of
586	a motor vehicle by any means other than the specific method
587	designed for the normal operation of opening the lock.
588	(c)  A change key, which is a key planned and cut to
589	operate a specific group or series of locks that all have the
590	same combination of tumblers, pins, or wafers.
591	(d)  A manual or codebook, which is a compilation, in any
592	form, of key codes.
593	(e)  A code-grabbing device, which is a device that can
594	receive, record, or receive and record the code signal sent by
595	the transmitter of a motor vehicle's security, alarm, or
596	immobilizer system and play back the signal to disarm, bypass,
597	or neutralize the system.
598	(f)  A lock pick, which is a manual, electric, or
599	electronic tool or device used to bypass, override, or
600	neutralize a lock by any means other than the specific method
601	designed for the normal operation of opening the lock.
602	(g)  A manipulation key, which is a key other than a change
603	or master key that can be variably positioned or manipulated in
604	a keyway to bypass, override, or neutralize a lock by any means
605	other than the specific method designed for the normal operation
606	of opening the lock. As used in this paragraph, the term
607	"manipulation key" includes wiggle and bump keys.
608	(h)  A master key, which is a key planned or cut to operate
609	all locks in a series or group of locks, with each lock in the
610	series or group having its own unique key. As used in this
611	paragraph, the term "master key" includes sub-master, grand
612	master, great grand master, emergency override, and maid's keys.
613	(i)  A safe-opening tool, which is a tool designed, or
614	intended by the user to be used, to open a safe, safe-deposit
615	box, or similar object by means other than that which is
616	intended by the manufacturer of the safe, vault, safe-deposit
617	box, or similar object for normal opening.
618	(j)  A tryout key, which is a manipulation key that may or
619	may not be one of a set of similar keys used for a specific
620	series, keyway, or brand of lock to open, bypass, override, or
621	neutralize a lock by means other than intended by the
622	manufacturer.
623	559.954  Prohibited acts.--
624	(1)  A person may not:
625	(a)  Perform or offer to perform locksmith services without
626	having or acting under a valid license issued by the department
627	under this part.
628	(b)  Advertise or represent himself or herself as a
629	locksmith services business without having a valid license
630	issued by the department under this part.
631	(2)  A licensee, or a locksmith, apprentice locksmith, or
632	other person acting on behalf of a licensee, may not:
633	(a)  Fraudulently misuse any consumer's credit card.
634	(b)  Require a consumer to waive his or her rights provided
635	in this part as a precondition to the performance of locksmith
636	services.
637	(c)  Fail or refuse, after notice, to provide any law
638	enforcement officer or the department with any document or
639	record or disclose any information required to be produced or
640	disclosed.
641	(d)  Employ or contract with any person disqualified under
642	s. 559.946 to perform locksmith services on behalf of the
643	licensee.
644	(e)  Submit to the department the fingerprints of a person
645	other than the person for whom fingerprints must be submitted
646	pursuant to s. 559.946 or fail to submit replacement
647	fingerprints for a locksmith or apprentice locksmith whose
648	original fingerprint submissions are returned to the department
649	as unclassifiable by the screening agency.
650	(f)  Use a mailing address, registration facility, drop
651	box, or answering service in the promotion, advertisement,
652	solicitation, or sale of locksmith services, unless the street
653	address of the licensed business location is clearly disclosed
654	during any telephone solicitation and is prominently and
655	conspicuously disclosed in all advertisements and on the work
656	orders, invoices, and sales receipts.
657	(g)  Operate as a locksmith services business at a business
658	location other than the location that appears on the license
659	issued by the department.
660	(h)  Make a false statement in response to a request or
661	investigation by the department, the Department of Legal
662	Affairs, a law enforcement officer, or a state attorney.
663	(i)  Make a material false statement in an application,
664	document, or record required to be submitted or kept under this
665	part.
666	(j)  Commit any other act of fraud or misrepresentation or
667	fail to disclose a material fact.
668	(k)  Disclose or permit the disclosure of any consumer
669	information without the consumer's written approval, except as
670	authorized by this part.
671	(l)  Violate this part or any rule adopted or order issued
672	under this part.
673	559.955  Civil penalties; remedies.--
674	(1)  A consumer injured by a violation of this part may
675	bring an action in the appropriate court for relief. The court
676	shall award reasonable costs and attorney's fees to the
677	prevailing party. The consumer may also bring an action for
678	injunctive relief in the circuit court.
679	(2)(a)  The department may bring an action in a court of
680	competent jurisdiction to recover any penalties or damages
681	authorized in this part and for injunctive relief to enforce
682	this part.
683	(b)  The department may seek a civil penalty of up to
684	$10,000 for each violation of this part.
685	(c)  The department may seek restitution for and on behalf
686	of any consumer injured by a violation of this part.
687	(3)  An agreement or representation that waives, limits,
688	restricts, or avoids any duty, obligation, or requirement of a
689	locksmith services business, as provided in this part, is void.
690	(4)  A remedy provided in this part is in addition to any
691	other remedy otherwise available for the same conduct.
692	559.956  Administrative remedies; penalties.--
693	(1)  The department shall process a consumer complaint
694	against a locksmith services business in the manner described in
695	ss. 570.07 and 570.544.
696	(2)  A locksmith services business shall allow department
697	personnel to enter its business locations for purposes of
698	determining whether the license is current. If department
699	personnel are refused entry or access to the premises, the
700	department may seek injunctive relief in circuit court to
701	enforce this subsection.
702	(3)  If the department determines that a locksmith services
703	business has violated, or is operating in violation of, this
704	part or any rules adopted or orders issued under this part, the
705	department may enter an order doing one or more of the
706	following:
707	(a)  Issuing a notice of noncompliance under s. 120.695.
708	(b)  Imposing an administrative fine not to exceed $10,000
709	for each act or omission.
710	(c)  Directing that the locksmith services business cease
711	and desist specified activities.
712	(d)  Refusing to issue or renew, suspending, or revoking a
713	license.
714	(e)  Placing the licensee on probation for a specified
715	period, subject to conditions specified by the department.
716	(4)  Administrative proceedings that may result in an order
717	imposing any of the penalties specified in subsection (3) are
718	governed by chapter 120.
719	(5)  In a final order imposing an administrative fine or
720	refusing to issue or renew, suspending, or revoking a license,
721	the department may assess against the sanctioned party the cost
722	of conducting the administrative proceedings, unless the
723	department determines that the offense was inadvertent or done
724	in a good faith belief that the act or omission did not violate
725	a state law or rule. An assessment is limited to the reasonable
726	hourly rate of the hearing officer and the actual cost of
727	recording or transcribing the proceedings.
728	(6)(a)  The department shall prominently post a "Closed by
729	Order of the Department" sign on a locksmith services business
730	whose license is suspended or revoked. The department shall also
731	post a sign on a locksmith services business that is judicially
732	or administratively determined to be operating without a
733	license.
734	(b)  A person who defaces or removes the sign without
735	written authorization from the department, or a locksmith
736	services business that opens for operation without a license or
737	opens for operation as a locksmith services business while its
738	license is suspended or revoked, commits a misdemeanor of the
739	second degree, punishable as provided in s. 775.082 or s.
740	775.083.
741	(c)  A criminal penalty imposed under this subsection shall
742	be in addition to any administrative sanction imposed by the
743	department under subsection (3).
744	559.957  Deceptive and unfair trade practices.--A person
745	who violates any provision of this part commits an unfair or
746	deceptive trade practice and is subject to the penalties and
747	remedies provided in part II of chapter 501.
748	559.958  Criminal penalties.--
749	(1)  A person who violates s. 559.953 or s. 559.954 commits
750	a misdemeanor of the first degree, punishable as provided in s.
751	775.082 or s. 775.083.
752	(2)  A person who violates s. 559.953 with the intent of
753	committing burglary, robbery, or larceny commits a felony of the
754	third degree, punishable as provided in s. 775.082, s. 775.083,
755	or s. 775.084.
756	559.959  Rulemaking authority.--The department shall adopt
757	rules pursuant to ss. 120.536(1) and 120.54 to administer this
758	part. The rules shall include, but are not limited to, the
759	following:
760	(1)  Requirements and procedures for the licensure of
761	locksmith services businesses.
762	(2)  Requirements and procedures for the fingerprinting and
763	background screening of persons listed in s. 559.945(1)(f) for
764	criminal justice information.
765	(3)  Forms required to implement this part, including
766	license applications, renewal applications, fingerprint
767	submissions, affidavits of criminal history, and photo
768	identification cards.
769	(4)  Establishment of application, license, renewal, and
770	other reasonable and necessary fees based upon the department's
771	estimate of the costs of administering this part.
772	(5)  Establishment and periodic update of a background
773	screening fee schedule to incorporate fee changes by the Federal
774	Bureau of Investigation, the Department of Law Enforcement, and
775	other entities involved in conducting the background screenings.
776	(6)  Methods of obtaining and renewing photographs for
777	photo identification.
778	(7)  Use and display of licenses and license numbers.
779	559.96  Deposit and use of revenues from fees, civil
780	penalties, and fines.--Any fees, civil penalties, administrative
781	fines, or other funds collected by the department pursuant to
782	this part shall be deposited in the General Inspection Trust
783	Fund and used to administer this part.
784	559.961  Preemption; local business tax receipts.--
785	(1)  Effective July 1, 2010, this part preempts any local
786	act, law, ordinance, or regulation of a county or municipality
787	that relates to locksmith services, locksmiths, or locksmith
788	services businesses.
789	(2)  A county or municipality may not issue or renew a
790	local business tax receipt for a locksmith services business
791	unless the person applying for or renewing the local business
792	tax receipt exhibits a valid license issued by the department.
793	559.962  Florida Locksmith Services Advisory Council.--The
794	Florida Locksmith Services Advisory Council is created within
795	the department to advise and assist the department in carrying
796	out this part.
797	(1)  The council shall be composed of nine members
798	appointed by the Commissioner of Agriculture, as follows:
799	(a)  Six industry members must be owners or employees of
800	locksmith services businesses licensed under this part, as
801	follows:
802	1.  Five members must be locksmiths who are owners or
803	employees of separate, licensed locksmith services businesses
804	who do not perform automotive-only locksmith services.
805	2.  One member must be an automotive-only locksmith who is
806	an owner or employee of a licensed locksmith services business.
807	(b)  One member must be an electrical contractor certified
808	under part II of chapter 489.
809	(c)  One member must have private investigative, private
810	security, motor vehicle recovery, or law enforcement experience
811	or expertise.
812	(d)  One member must be a consumer who is not affiliated
813	with any locksmith services business.
814
815	Each member must be a resident of the state. Each member, except
816	the consumer member, must have at least 3 years of experience
817	and be currently engaged in the profession. Initial industry
818	members must be owners or employees of locksmith services
819	businesses but, notwithstanding paragraph (a), the locksmith
820	services businesses of the initial members are not required to
821	be licensed.
822	(2)  Members shall be appointed for 4-year terms and must
823	be geographically representative of the state. A member whose
824	term expires shall continue to serve until his or her successor
825	is appointed. A vacancy occurring before the expiration of a
826	member's term shall be filled by the commissioner for the
827	remainder of the term.
828	(3)(a)  The council shall annually elect a chair and a vice
829	chair from among its appointed members.
830	(b)  The council shall meet at the call of the chair, upon
831	the request of a majority of its membership, or upon the request
832	of the Commissioner of Agriculture.
833	(c)  In conducting its meetings, the council shall use
834	accepted rules of procedure. The department shall keep a
835	complete record of each meeting, which must show the names of
836	the members present and actions taken. The department shall keep
837	the records of the council.
838	(4)  Members of the council shall serve without
839	compensation but are entitled to per diem and travel expenses as
840	provided in s. 112.061.
841	(5)  The department shall provide administrative and staff
842	support for the council.
843	(6)  The council may review any rules adopted by the
844	department pursuant to this part and may advise the department
845	on matters relating to advancements in industry standards,
846	practices, and other issues that require technical expertise and
847	consultation or that promote consumer protection in the
848	locksmith services industry.
849	Section 2.  This act shall take effect July 1, 2009.

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