HB 301

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; providing definitions; providing
5exemptions from the application of the part; requiring the
6licensure of locksmith services businesses and locksmith
7referral services by the Department of Agriculture and
8Consumer Services; specifying licensure and application
9requirements; requiring license fees; authorizing the
10waiver or reduction of fees under certain circumstances;
11providing for expiration of licenses; requiring
12fingerprinting and background screening for criminal
13records checks of the owner and certain other persons
14affiliated with a locksmith services business; specifying
15background screening requirements; disqualifying certain
16persons from performing locksmith services based upon
17background screening; requiring the Department of Law
18Enforcement to retain the fingerprints and search arrest
19records against the fingerprints; requiring fees for
20background screening; requiring the Department of Law
21Enforcement to provide certain records to the Department
22of Agriculture and Consumer Services upon request;
23authorizing licensure by endorsement under certain
24circumstances; providing license renewal requirements and
25procedures; providing for the denial, suspension,
26revocation, or refusal to renew a license under certain
27circumstances; requiring a locksmith services business to
28maintain liability insurance; prohibiting the performance
29of locksmith services except by certain persons;
30authorizing locksmiths, automotive-only locksmiths, and
31apprentice locksmiths to perform locksmith services under
32certain circumstances; establishing qualifications and
33training requirements for locksmiths, automotive-only
34locksmiths, and apprentice locksmiths; requiring locksmith
35services businesses to keep certain records and issue
36photo identification cards to locksmiths, automotive-only
37locksmiths, and locksmith apprentices; requiring display
38of photo identification cards and licenses; requiring a
39locksmith services business to display its license,
40license number, and other information in all advertising;
41requiring a locksmith services business to accept certain
42methods of payment and keep certain business records;
43authorizing the review of records by the department;
44prohibiting certain acts relating to the possession of
45locksmith tools; specifying certain prohibited acts
46relating to the operation of a locksmith services
47business; providing civil penalties and remedies;
48providing administrative remedies and penalties; providing
49that a violation of the act is a deceptive and unfair
50trade practice; providing criminal penalties; requiring
51the department to adopt rules; providing for the deposit
52and use of certain funds; preempting to the state the
53regulation of locksmith services, locksmiths, and
54locksmith services businesses; prohibiting the issuance or
55renewal of local business tax receipts to locksmith
56services businesses except under certain circumstances;
57creating the Florida Locksmith Services Advisory Council
58within the department; providing membership and terms;
59providing operating procedures and duties; requiring the
60department to provide administrative and staff support;
61providing an effective date.
62
63Be It Enacted by the Legislature of the State of Florida:
64
65     Section 1.  Part XII of chapter 559, Florida Statutes,
66consisting of sections 559.941, 559.942, 559.943, 559.944,
67559.945, 559.946, 559.947, 559.948, 559.949, 559.95, 559.951,
68559.952, 559.953, 559.954, 559.955, 559.956, 559.957, 559.958,
69559.959, 559.96, 559.961, and 559.962, is created to read:
70
PART XII
71
LOCKSMITH SERVICES
72     559.941  Short title.--This part may be cited as the
73"Florida Locksmith Services Act."
74     559.942  Findings and purpose.--The Legislature finds that:
75     (1)  Locksmiths operate in the public trust to service,
76secure, and protect persons and property.
77     (2)  Locksmiths must be trained in regulations and laws
78applicable to their profession, including, but not limited to,
79the federal Americans with Disabilities Act, the Florida
80Building Code, the Florida Fire Prevention Code, and the Life
81Safety Code, and must be trained in the proper installation and
82maintenance of security devices, motor vehicle locks, keys, and
83built-in security systems.
84     (3)  The purpose of this part is to provide for the
85licensing and regulation of locksmith services businesses in
86this state which are necessary to protect the public from the
87misuse of locksmithing knowledge, supplies, manuals, and
88equipment that threaten public safety and security.
89     559.943  Definitions.--As used in this part, the term:
90     (1)  "Advertise" means to advise, announce, give notice of,
91publish, or call attention to by use of oral, written, or
92graphic statement made in a newspaper or other publication or on
93radio or television; made in any other electronic medium;
94contained in any notice, handbill, sign, including signage on
95any vehicle, flyer, catalog, or letter; or printed on or
96contained in any tag or label attached to or accompanying any
97good.
98     (2)  "Apprentice locksmith" means a natural person who
99performs locksmith services on behalf of a locksmith services
100business under the direct and continuous supervision of a
101locksmith.
102     (3)  "Automotive-only locksmith" means a locksmith who
103performs only those locksmith services relating to motor
104vehicles as described in paragraphs (11)(e)-(g) on behalf of a
105locksmith services business.
106     (4)  "Business location" means a physical location where a
107licensee operates a locksmith services business or, if the
108licensee is a mobile locksmith services business, the physical
109location where the licensee's records are kept.
110     (5)  "Department" means the Department of Agriculture and
111Consumer Services.
112     (6)  "Key duplication machine" means a device capable of
113copying or reproducing keys.
114     (7)  "Licensee" means a locksmith services business
115licensed under this part.
116     (8)  "Lock" means a mechanical, electromechanical,
117electronic, or electromagnetic device or system, including, but
118not limited to, any peripheral hardware such as, a closed-
119circuit television system, wireless or infrared transmitter,
120card reader, keypad, or biometric scanner, that is designed to
121control access to and egress from a door, gate, safe, vault,
122safe-deposit box, motor vehicle, or other enclosure or that is
123designed to control the use of such an enclosure.
124     (9)  "Locksmith" means a natural person who performs any
125locksmith services on behalf of a locksmith services business.
126The term includes an automotive-only locksmith but does not
127include a person whose activities are limited to making
128duplicate keys.
129     (10)  "Locksmith referral service" means the advertisement
130of locksmith services in this state by a person who does not
131perform the locksmith services but who subcontracts with, or
132refers the customer to, another locksmith services business for
133the performance of the locksmith services.
134     (11)  "Locksmith services" means:
135     (a)  Selling, installing, servicing, repairing, repinning,
136recombinating, and adjusting locks, safes, vaults, or safe-
137deposit boxes.
138     (b)  Originating, duplicating, and copying keys.
139     (c)  Opening, bypassing, and neutralizing locks, safes,
140vaults, or safe-deposit boxes.
141     (d)  Creating, documenting, selling, installing, managing,
142and servicing master key systems.
143     (e)  Unlocking, bypassing, or neutralizing motor vehicle
144locks by means other than intended by the manufacturer.
145     (f)  Originating keys for motor vehicles that includes, if
146necessary, the programming, reprogramming, or bypassing of any
147security, transponder, or immobilizer systems or subsequent
148technology built in by the manufacturer.
149     (g)  Keying, rekeying, or recombinating motor vehicle
150locks.
151
152The term does not include contracting as defined in s. 489.505
153for which a registration or certification is required under part
154II of chapter 489.
155     (12)  "Locksmith services business" means a person who
156performs or offers to perform locksmith services for
157compensation, advertises or represents himself or herself as a
158locksmith services business, or operates a locksmith referral
159service in this state.
160     (13)  "Locksmith tool" means a tool that is designed, or
161intended by the user to be used, to open a lock by any means
162other than the specific method designed for the normal operation
163of opening the lock. The term includes the locksmith tools
164described in s. 559.953(2).
165     (14)  "Master key system" means a system of locks in which
166a lock is keyed so that it can be operated by its own individual
167key as well as by a key that operates other locks in the system
168that are also keyed to their own individual keys.
169     (15)  "Mobile locksmith services business" means a
170locksmith services business that operates exclusively from one
171or more vehicles and not from a specific physical location.
172     (16)  "Motor vehicle" has the same meaning as in s.
173559.903(5).
174     559.944  Application of part; exemptions.--This part does
175not apply to:
176     (1)  A law enforcement officer, firefighter or voluntary
177firefighter, emergency medical technician or paramedic, or other
178government employee or agent who, in his or her official line of
179duty, performs locksmith services in an emergency situation in
180which the life of a person, livestock, or an animal generally
181regarded as a pet is endangered.
182     (2)  A sales representative who provides a bona fide sales
183demonstration of products to locksmiths.
184     (3)  An in-store employee of a hardware store, do-it-
185yourself home products store, or other retail store who rekeys
186locks being purchased in the store.
187     (4)  An electrical or alarm system contractor registered or
188certified under chapter 489 who is acting within the scope of
189his or her practice.
190     (5)  A person who lawfully acquires and uses a key
191duplication machine or key blanks to duplicate keys.
192     (6)  A property owner or agent of a property owner who
193maintains a file of key cutting data for a master key system on
194the property.
195     (7)  An employee of a financial institution as defined in
196s. 655.005 who provides safe, safe-deposit box, or vault
197services at the financial institution.
198     (8)  A motor vehicle dealer as defined in s. 320.27, a
199motor vehicle repair shop as defined in s. 559.903, or a lock
200manufacturer or agent of a lock manufacturer who services,
201installs, repairs, or rebuilds motor vehicle locks or originates
202and duplicates motor vehicle keys.
203     (9)  Building trades personnel who:
204     (a)  Install locks or locking devices on a construction
205project that requires a building permit; or
206     (b)  Install locks or locking devices for home repair or
207improvement, if the locks are designed for installation by the
208customer and such home repair or improvement is part of a larger
209repair or replacement project.
210     (10)  A wrecker operator as defined in s. 1.01(15) who
211possesses or uses car-opening tools as described in s.
212559.953(2)(b) which are necessary to unlock vehicles, if the
213wrecker operator does not advertise locksmith services or
214otherwise advertise himself or herself as a locksmith.
215     (11)  An automobile club as defined in s. 627.8405(1) when
216towing a motor vehicle for a club member or assisting a club
217member to enter a locked motor vehicle.
218     (12)  A hardware store, do-it-yourself home product store,
219or other retail store that sells locks and safes which are
220designed for use and installation by the customer without
221professional assistance.
222     559.945  Locksmith services business; licensure.--
223     (1)  A person may not perform or offer to perform locksmith
224services for compensation, advertise or represent himself or
225herself as a locksmith services business, or operate a locksmith
226referral service in this state unless the person is licensed
227under this part. However, a locksmith or apprentice locksmith
228performing locksmith services on behalf of a licensee is not
229required to obtain a separate license. An application for
230licensure must be submitted to the department in the format
231prescribed by the department and must include, at a minimum, the
232following:
233     (a)  The full legal name and mailing address of the
234applicant.
235     (b)  Each name under which the applicant does business in
236this state and, if the applicant is doing business under a
237fictitious name, the date on which the applicant registered the
238fictitious name with the Department of State.
239     (c)  The mailing address, street address, and telephone
240number of the applicant's principal business location and, if
241the applicant performs locksmith services or operates a
242locksmith referral service at more than one business location,
243the mailing address, street address, and telephone number of
244each additional business location.
245     (d)  If the applicant is not a natural person, a statement
246of:
247     1.  The applicant's type of business entity, such as a
248corporation, partnership, or other limited liability
249corporation.
250     2.  The applicant's federal employer identification number.
251     3.  Whether the applicant is a foreign or domestic business
252entity, the state and date of incorporation, the charter number,
253and the date that the applicant first registered with the
254Department of State to do business in the state.
255     (e)  Each corporate, fictitious, or other business or trade
256name under which any owner of the locksmith services business
257operated, was known, or did business as a locksmith services
258business within 5 years before the date of the application.
259     (f)  The full name, address, and telephone number of:
260     1.  Each locksmith, automotive-only locksmith, and
261apprentice locksmith who performs locksmith services on behalf
262of the applicant.
263     2.  Each officer and director of the corporation, their
264official positions, and corporate offices, if the applicant is a
265corporation.
266     3.  Each general partner, if the applicant is a
267partnership.
268     4.  Each managing member, if the applicant is a limited
269liability corporation.
270     5.  The owner of the applicant, if the applicant is a
271proprietorship.
272     6.  The applicant's registered agent for service of process
273in this state.
274     (g)  The number of locksmiths that the applicant currently
275employs or intends to employ.
276     (2)  Each application must be accompanied by:
277     (a)  Payment of a nonrefundable biennial license fee,
278calculated as follows:
279     1.  If the applicant employs one to five locksmiths, an
280amount not to exceed $800.
281     2.  If the applicant employs six or more locksmiths, an
282amount not to exceed $1,600.
283     3.  If the applicant operates a locksmith referral service
284but does not employ any locksmiths, an amount not to exceed
285$800.
286
287If the department determines that the biennial license fees
288established under this subsection for an initial or renewal
289application impose a significant financial hardship upon the
290applicant, the department may waive or reduce the fees to the
291amount necessary to alleviate the hardship.
292     (b)  Proof of liability insurance coverage as required in
293s. 559.95.
294     (c)  For each person listed in paragraph (1)(f), a set of
295fingerprints submitted in the manner prescribed by the
296department, an affidavit of the person's criminal history, if
297any, and payment of any fees or costs required under s. 559.946
298for background screening.
299     (3)(a)  The department shall issue a license to each
300applicant in the format prescribed by the department in
301accordance with s. 120.60. The license must show at least the
302name, the street address of each business location listed in the
303application pursuant to paragraph (1)(c), and the license number
304of the locksmith services business. If the applicant is a mobile
305locksmith services business, the license must show the residence
306address of the owner, if different than the street address of
307the business location where the applicant's records are kept.
308     (b)  A license issued under this part may not be
309transferred or assigned and is valid only for the licensee and
310the business locations for which it is issued.
311     (c)  A locksmith services business license is valid for 2
312years from the date of issuance. To provide for the biennial
313renewal of licenses under s. 559.948, the department may adopt
314rules to stagger the license expiration dates over a 2-year
315period.
316     (4)(a)  A licensee must notify the department in writing at
317least 30 days before changing a locksmith services business
318location. The department shall issue to the licensee an amended
319license that shows the new business location.
320     (b)  Within 10 days after a person listed in paragraph
321(1)(f) begins his or her duties with a licensee, the licensee
322must submit a set of the person's fingerprints in the manner
323prescribed by the department, an affidavit of the person's
324criminal history, if any, and payment of any fees or costs
325required under s. 559.946 for background screening.
326     559.946  Locksmith services businesses; fingerprinting and
327background screening; disqualification.--
328     (1)(a)  Each person listed in s. 559.945(1)(f) must be
329fingerprinted and undergo background screening for criminal
330justice information as defined in s. 943.045. The department
331shall submit each set of fingerprints to the Department of Law
332Enforcement for statewide criminal records checks, and the
333Department of Law Enforcement shall forward the fingerprints to
334the Federal Bureau of Investigation for federal criminal records
335checks. The cost of the fingerprint processing and criminal
336records checks shall be borne by the locksmith services business
337or the person required to be fingerprinted and shall be paid to
338the department. The Department of Law Enforcement shall submit a
339monthly invoice to the department for the fingerprint processing
340and criminal records checks performed during the month, and the
341department shall pay the invoice from the fees collected. The
342results of the criminal records checks shall be returned to the
343department, and the department shall screen the results to
344determine whether the person is disqualified under subsection
345(2).
346     (b)  If a legible set of fingerprints, as determined by the
347Department of Law Enforcement or the Federal Bureau of
348Investigation, cannot be obtained after two attempts, the
349department shall determine whether the person is disqualified
350based upon criminal records checks under the person's name
351conducted by the Department of Law Enforcement and the Federal
352Bureau of Investigation.
353     (2)(a)  A person required to undergo background screening
354pursuant to this section must not have been convicted or
355incarcerated as a result of having been convicted of a crime
356involving trespass, burglary, theft, larceny, dealing in stolen
357property, receiving stolen property, embezzlement, obtaining
358property by false pretenses, possession of altered property, or
359any other fraudulent or dishonest dealing within the previous 10
360years.
361     (b)  The department may grant a person disqualified under
362paragraph (a) an exemption from disqualification for:
363     1.  Any felony committed more than 3 years before the date
364of disqualification.
365     2.  Any misdemeanor.
366     3.  Any misdemeanor or noncriminal offense that was a
367felony when it was committed.
368     (c)  In order for the department to grant an exemption, the
369disqualified person must demonstrate by clear and convincing
370evidence that he or she should not be disqualified. A
371disqualified person seeking an exemption has the burden of
372setting forth sufficient evidence of rehabilitation, including,
373but not limited to, the circumstances surrounding the criminal
374incident for which an exemption is sought, the time period that
375has elapsed since the incident, the nature of the harm caused to
376the victim, and the history of the disqualified person since the
377incident, or any other evidence or circumstances indicating that
378the disqualified person will not present a danger to the public
379if an exemption is granted.
380     (3)(a)  All fingerprints submitted to the Department of Law
381Enforcement as required by this section shall be retained by the
382Department of Law Enforcement in a manner provided by rule and
383entered in the statewide automated fingerprint identification
384system authorized by s. 943.05(2)(b). The fingerprints shall
385thereafter be available for all purposes and uses authorized for
386arrest fingerprints entered in the statewide automated
387fingerprint identification system pursuant to s. 943.051.
388     (b)  The Department of Law Enforcement shall search all
389arrest fingerprints received under s. 943.051 against the
390fingerprints retained in the statewide automated fingerprint
391identification system under paragraph (a). Any arrest record
392that is identified with the retained fingerprints of a person
393subject to background screening under this section shall be
394reported to the department. Each locksmith services business
395must participate in the search process by notifying the
396department of any change in a person's status as a person listed
397s. 559.945(1)(f) if, as a result of the change, the person's
398fingerprints are no longer required to be retained under
399paragraph (a).
400     (c)  Each licensee shall pay to the department a fee for
401the cost of retaining the fingerprints and performing the
402ongoing searches of arrest records under paragraph (b). The
403Department of Law Enforcement shall submit an invoice to the
404department for the fingerprints retained and searches performed,
405and the department shall pay the invoice from the fees
406collected. The Department of Law Enforcement shall adopt rules
407establishing the amount of the fee and procedures for retaining
408the fingerprints, performing the searches, and disseminating the
409search results. The department shall notify the Department of
410Law Enforcement of any change in a person's status as a person
411listed s. 559.945(1)(f) if, as a result of the change, the
412person's fingerprints are no longer required to be retained
413under paragraph (a).
414     (4)  Before expiration of the time limit in s. 120.60 for
415approving an application, if the department does not receive
416criminal justice information for any person listed in s.
417559.945(1)(f), or receives criminal justice information that
418includes a crime that may disqualify the person but does not
419include a final disposition of the crime, the time limit in s.
420120.60 for approving the application is extended until the
421department receives final disposition of the crime or proof of
422restoration of civil rights.
423     (5)  The Department of Law Enforcement shall provide the
424department, upon request, with any criminal justice information
425in its possession of a person who is:
426     (a)  A licensee or applicant for a license under this part;
427or
428     (b)  Employed by a licensee or applicant for a license
429under this part.
430     559.947  Licensure by endorsement.--
431     (1)  A person may be licensed as a locksmith services
432business in this state upon applying to the department,
433remitting the nonrefundable biennial license fee calculated as
434required in s. 559.945(2)(a), and demonstrating to the
435department that the applicant:
436     (a)  Meets the qualifications for licensure in s. 559.945;
437or
438     (b)  Holds a valid locksmith services business license, or
439the equivalent thereof, issued by another state, territory, or
440possession of the United States, the District of Columbia, or
441the Commonwealth of Puerto Rico with which the department has
442established reciprocity.
443     (2)  The department may establish reciprocity with other
444states, territories, or possessions of the United States, the
445District of Columbia, or the Commonwealth of Puerto Rico and may
446adopt criteria for establishing reciprocity, subject to the
447following:
448     (a)  The licensing requirements of the other state,
449territory, or possession must substantially meet or exceed the
450requirements of s. 559.945.
451     (b)  The other state, territory, or possession must issue a
452license, or the equivalent thereof, to a locksmith services
453business that is licensed in this state and seeks to do business
454in the other state, territory, or possession.
455     559.948  License renewal.--Each locksmith services business
456license must be renewed biennially on or before the license's
457expiration date. To apply for renewal of a license, the licensee
458must submit each of the following to the department:
459     (1)  A renewal application in the format prescribed by the
460department that includes the information required for initial
461licensure in s. 559.945(1).
462     (2)  Payment of the nonrefundable biennial license fee,
463calculated as required in s. 559.945(2)(a).
464     (3)  Proof of liability insurance coverage as required in
465s. 559.95.
466     (4)  For each person listed in s. 559.945(1)(f), an updated
467affidavit of the person's criminal history, if any.
468     (5)  For each person listed in s. 559.945(1)(f) who has not
469undergone background screening, a set of fingerprints submitted
470in the manner prescribed by the department, an affidavit of the
471person's criminal history, if any, and payment of any fees or
472costs required under s. 559.946.
473     559.949  Denial, suspension, revocation, or refusal to
474renew license.--The department may deny, suspend, revoke, or
475refuse to renew the license of a locksmith services business
476based upon a determination that the locksmith services business
477or any person listed in s. 559.945(1)(f):
478     (1)  Failed to meet the requirements for licensure as
479provided in this part;
480     (2)  Is disqualified based upon background screening
481pursuant to s. 559.946(2);
482     (3)  Failed to satisfy a civil penalty, administrative
483fine, or other penalty arising out of an administrative or
484enforcement action brought by any governmental agency;
485     (4)  Received any civil, criminal, or administrative
486adjudication in any jurisdiction; or
487     (5)  Has had a judgment entered against the business or
488person in any action brought under the Florida Deceptive and
489Unfair Trade Practices Act in part II of chapter 501.
490     559.95  Liability insurance.--
491     (1)  A locksmith services business must maintain current
492and valid liability insurance coverage of at least $100,000 per
493incident for loss or damages resulting from the negligence of
494the locksmith services business or any of its locksmiths,
495apprentice locksmiths, employees, or agents.
496     (2)  The insurance coverage must be issued by an insurance
497company or carrier licensed to transact business in this state
498under the Florida Insurance Code. The department shall require a
499locksmith services business to present a policy or certificate
500of insurance of the required coverage before issuance or renewal
501of a license. The department shall be named as a
502certificateholder in the policy or certificate and must be
503notified at least 30 days before any changes in insurance
504coverage.
505     (3)  If a locksmith services business does not maintain the
506required insurance coverage, the department may immediately
507suspend the business's license or eligibility for licensure and
508the business shall immediately cease operating as a locksmith
509services business. In addition, notwithstanding the availability
510of administrative relief under chapter 120, the department may
511seek an immediate injunction in the circuit court of the county
512in which the business is located that prohibits the locksmith
513services business from operating until the business complies
514with this section and imposes a civil penalty not to exceed
515$10,000 and reasonable court costs.
516     559.951  Locksmiths; apprentice locksmiths; photo
517identification cards; display of license and license number.--
518     (1)  A person may not perform locksmith services on behalf
519of a locksmith services business unless the person is the
520licensee or one of the following:
521     (a)  Locksmith.--Except as provided in paragraph (b) for an
522automotive-only locksmith, a locksmith must be 18 years of age
523or older and complete 16 hours of training, including training
524in industry ethics, the federal Americans with Disabilities Act,
525the Florida Building Code, the Florida Fire Prevention Code, and
526the Life Safety Code.
527     (b)  Automotive-only locksmith.--An automotive-only
528locksmith must be 18 years of age or older and complete a
529training course in industry ethics.
530     (c)  Apprentice locksmith.--An apprentice locksmith must be
53115 years of age or older and complete a minimum of 16 hours of
532training, including training in industry ethics, the federal
533Americans with Disabilities Act, the Florida Building Code, the
534Florida Fire Prevention Code, and the Life Safety Code. An
535apprentice locksmith may perform locksmith services only under
536the direct and continuous supervision of a locksmith or
537automotive-only locksmith. An apprentice locksmith may not
538perform or contract to perform locksmith services without the
539express approval of his or her supervising locksmith. The
540supervising locksmith is responsible for any violation of this
541part committed by the apprentice locksmith.
542     (2)(a)  Except as provided in paragraph (b) for an
543automotive-only locksmith, every 2 years, a locksmith must
544complete at least 16 hours of training, including training on
545the federal Americans with Disabilities Act, the Florida
546Building Code, the Florida Fire Prevention Code, and the Life
547Safety Code.
548     (b)  Every 2 years, an automotive-only locksmith must
549complete at least 8 hours of industry-related training. The
550training must include, but is not limited to, training in
551industry ethics.
552     (3)  Each locksmith services business must maintain a
553personnel record of each locksmith, automotive-only locksmith,
554and apprentice locksmith who performs locksmith services on
555behalf of the licensee. The personnel record must include:
556     (a)  Two copies of a photograph taken of the locksmith,
557automotive-only locksmith, or apprentice locksmith within 10
558days after the date that he or she begins to perform locksmith
559services on behalf of the licensee. One copy shall be used for
560the locksmith's or apprentice's photo identification card. The
561second copy shall be retained in his or her personnel record.
562Both copies of the photograph shall be replaced with a current
563photograph at least once every 2 calendar years.
564     (b)  An affidavit of the locksmith's, automotive-only
565locksmith's, or apprentice locksmith's criminal history, if any,
566and the results of the background screening conducted pursuant
567to s. 559.946.
568     (c)  Documentation provided by the locksmith services
569business that demonstrates completion of the training required
570in subsections (1) and (2).
571     (4)  Each locksmith services business shall issue a photo
572identification card to each locksmith, automotive-only
573locksmith, and apprentice locksmith performing locksmith
574services on behalf of the licensee. A photo identification card
575must contain the name and photograph of the locksmith or
576apprentice, the name of the locksmith services business, and the
577license number. The photo identification card must also include:
578     (a)  For a locksmith, the word "Locksmith."
579     (b)  For an automotive-only locksmith, the phrase
580"Automotive-Only Locksmith."
581     (c)  For an apprentice locksmith, the word "Apprentice."
582
583Each locksmith, automotive-only locksmith, and apprentice
584locksmith must display the photo identification card on his or
585her person at all times while performing locksmith services.
586     (5)  A locksmith services business must display a copy of
587its locksmith services business license at each business
588location in a manner easily readable by the general public. A
589mobile locksmith services business shall keep a copy of the
590license in each service vehicle for immediate presentation to
591any law enforcement officer, state or local official, or member
592of the general public upon request.
593     (6)  Each advertisement or other form of advertising, each
594service vehicle, and each work order, invoice, sales receipt, or
595other business form of a licensee must include the license
596number and name of the locksmith services business as they
597appear on the license issued by the department.
598     559.952  Acceptable forms of payment; locksmith services
599business records.--
600     (1)  A locksmith services business shall accept at least
601two of the following methods of payment:
602     (a)  Cash, cashier's check, money order, or traveler's
603check;
604     (b)  Valid personal check, showing upon its face the name
605and address of the person or an authorized representative for
606whom the locksmith services were performed; or
607     (c)  Valid credit card, which includes, but is not limited
608to, Visa or MasterCard.
609     (2)  A locksmith services business shall clearly and
610conspicuously disclose to the person requesting locksmith
611services in a work order, invoice, or sales receipt the methods
612of payment that the locksmith services business accepts.
613     (3)(a)  A locksmith services business must retain a copy of
614each work order, invoice, and sales receipt for at least 2
615years.
616     (b)  Each work order, invoice, and sales receipt must
617include the name of the person performing the service.
618     (c)  A copy of each work order, invoice, and sales receipt
619must be readily available for inspection at any time during
620normal business hours by the department.
621     559.953  Locksmith tools; exemptions; prohibited acts.--
622     (1)  This section does not apply to:
623     (a)  A licensee.
624     (b)  A locksmith or apprentice locksmith performing
625locksmith services on behalf of a licensee.
626     (c)  A recovery agent licensed under part IV of chapter
627493.
628     (d)  A wrecker operator as defined in s. 1.01(15).
629     (e)  A lock manufacturer or the lock manufacturer's agent
630who has a reasonable need to possess locksmith tools,
631implements, or outfits for demonstration, testing, or research
632purposes.
633     (2)  Except as otherwise provided in subsection (1), a
634person may not obtain, own, or possess locksmith tools,
635implements, or outfits, in any format, either in person, through
636an intermediary, through mail order, or by any other procurement
637method. As used in this subsection, the term "locksmith tools"
638includes, but is not limited to:
639     (a)  A bump key, which is a fabricated, specially shaped or
640modified key intended to be used to unlock a lock by any means
641other than the specific method designed for the normal operation
642of opening the lock.
643     (b)  A car-opening tool, which is a metal, cloth, nylon,
644rubber, or plastic tool or device designed to enter, bypass, or
645otherwise overcome the locking systems or locking mechanisms of
646a motor vehicle by any means other than the specific method
647designed for the normal operation of opening the lock.
648     (c)  A manual or codebook, which is a compilation, in any
649form, of key codes.
650     (d)  A code-grabbing device, which is a device that can
651receive, record, or receive and record the code signal sent by
652the transmitter of a motor vehicle's security, alarm, or
653immobilizer system and play back the signal to disarm, bypass,
654or neutralize the system.
655     (e)  A lock pick, which is a manual, electric, or
656electronic tool or device used to bypass, override, or
657neutralize a lock by any means other than the specific method
658designed for the normal operation of opening the lock.
659     (f)  A manipulation key, which is a key other than a change
660or master key that can be variably positioned or manipulated in
661a keyway to bypass, override, or neutralize a lock by any means
662other than the specific method designed for the normal operation
663of opening the lock. As used in this paragraph, the term
664"manipulation key" includes wiggle and bump keys.
665     (g)  A safe-opening tool, which is a tool designed, or
666intended by the user to be used, to open a safe, safe-deposit
667box, or similar object by means other than that which is
668intended by the manufacturer of the safe, vault, safe-deposit
669box, or similar object for normal opening.
670     (h)  A tryout key, which is a manipulation key that may or
671may not be one of a set of similar keys used for a specific
672series, keyway, or brand of lock to open, bypass, override, or
673neutralize a lock by means other than intended by the
674manufacturer.
675     559.954  Prohibited acts.--
676     (1)  A person may not:
677     (a)  Perform or offer to perform locksmith services without
678having or acting under a valid license issued by the department
679under this part.
680     (b)  Advertise or represent himself or herself as a
681locksmith services business without having a valid license
682issued by the department under this part.
683     (c)  Operate a locksmith referral service without having a
684valid license issued by the department under this part.
685     (2)  A licensee, or a locksmith, apprentice locksmith, or
686other person acting on behalf of a licensee, may not:
687     (a)  Fraudulently misuse any consumer's credit card.
688     (b)  Require a consumer to waive his or her rights provided
689in this part as a precondition to the performance of locksmith
690services.
691     (c)  Fail or refuse, after notice, to provide any law
692enforcement officer or the department with any document or
693record or disclose any information required to be produced or
694disclosed.
695     (d)  Employ or contract with any person disqualified under
696s. 559.946 to perform locksmith services on behalf of the
697licensee.
698     (e)  Submit to the department the fingerprints of a person
699other than the person for whom fingerprints must be submitted
700pursuant to s. 559.946 or fail to submit replacement
701fingerprints for a locksmith or apprentice locksmith whose
702original fingerprint submissions are returned to the department
703as unclassifiable by the screening agency.
704     (f)  Use a mailing address, registration facility, drop
705box, or answering service in the promotion, advertisement,
706solicitation, or sale of locksmith services, unless the street
707address of the licensed business location is clearly disclosed
708during any telephone solicitation and is prominently and
709conspicuously disclosed in all advertisements and on the work
710orders, invoices, and sales receipts.
711     (g)  Operate as a locksmith services business at a business
712location other than the location that appears on the license
713issued by the department.
714     (h)  Make a false statement in response to a request or
715investigation by the department, the Department of Legal
716Affairs, a law enforcement officer, or a state attorney.
717     (i)  Make a material false statement in an application,
718document, or record required to be submitted or kept under this
719part.
720     (j)  Commit any other act of fraud or misrepresentation or
721fail to disclose a material fact.
722     (k)  Disclose or permit the disclosure of any consumer
723information without the consumer's written approval, except as
724authorized by this part.
725     (l)  Violate this part or any rule adopted or order issued
726under this part.
727     559.955  Civil penalties; remedies.--
728     (1)  A consumer injured by a violation of this part may
729bring an action in the appropriate court for relief. The court
730shall award reasonable costs and attorney's fees to the
731prevailing party. The consumer may also bring an action for
732injunctive relief in the circuit court.
733     (2)(a)  The department may bring an action in a court of
734competent jurisdiction to recover any penalties or damages
735authorized in this part and for injunctive relief to enforce
736this part.
737     (b)  The department may seek a civil penalty of up to
738$10,000 for each violation of this part.
739     (c)  The department may seek restitution for and on behalf
740of any consumer injured by a violation of this part.
741     (3)  An agreement or representation that waives, limits,
742restricts, or avoids any duty, obligation, or requirement of a
743locksmith services business, as provided in this part, is void.
744     (4)  A remedy provided in this part is in addition to any
745other remedy otherwise available for the same conduct.
746     559.956  Administrative remedies; penalties.--
747     (1)  The department shall process a consumer complaint
748against a locksmith services business in the manner described in
749ss. 570.07 and 570.544.
750     (2)  A locksmith services business shall allow department
751personnel to enter its business locations for purposes of
752determining whether the license is current. If department
753personnel are refused entry or access to the premises, the
754department may seek injunctive relief in circuit court to
755enforce this subsection.
756     (3)  If the department determines that a locksmith services
757business has violated, or is operating in violation of, this
758part or any rules adopted or orders issued under this part, the
759department may enter an order doing one or more of the
760following:
761     (a)  Issuing a notice of noncompliance under s. 120.695.
762     (b)  Imposing an administrative fine not to exceed $10,000
763for each act or omission.
764     (c)  Directing that the locksmith services business cease
765and desist specified activities.
766     (d)  Refusing to issue or renew, suspending, or revoking a
767license.
768     (e)  Placing the licensee on probation for a specified
769period, subject to conditions specified by the department.
770     (4)  Administrative proceedings that may result in an order
771imposing any of the penalties specified in subsection (3) are
772governed by chapter 120.
773     (5)  In a final order imposing an administrative fine or
774refusing to issue or renew, suspending, or revoking a license,
775the department may assess against the sanctioned party the cost
776of conducting the administrative proceedings, unless the
777department determines that the offense was inadvertent or done
778in a good faith belief that the act or omission did not violate
779a state law or rule. An assessment is limited to the reasonable
780hourly rate of the hearing officer and the actual cost of
781recording or transcribing the proceedings.
782     (6)(a)  The department shall prominently post a "Closed by
783Order of the Department" sign on a locksmith services business
784whose license is suspended or revoked. The department shall also
785post a sign on a locksmith services business that is judicially
786or administratively determined to be operating without a
787license.
788     (b)  A person who defaces or removes the sign without
789written authorization from the department, or a locksmith
790services business that opens for operation without a license or
791opens for operation as a locksmith services business while its
792license is suspended or revoked, commits a misdemeanor of the
793second degree, punishable as provided in s. 775.082 or s.
794775.083.
795     (c)  A criminal penalty imposed under this subsection shall
796be in addition to any administrative sanction imposed by the
797department under subsection (3).
798     559.957  Deceptive and unfair trade practices.--A person
799who violates any provision of this part commits an unfair or
800deceptive trade practice and is subject to the penalties and
801remedies provided in part II of chapter 501.
802     559.958  Criminal penalties.--
803     (1)  A person who violates s. 559.953 or s. 559.954 commits
804a misdemeanor of the first degree, punishable as provided in s.
805775.082 or s. 775.083.
806     (2)  A person who violates s. 559.953 with the intent of
807committing burglary, robbery, or larceny commits a felony of the
808third degree, punishable as provided in s. 775.082, s. 775.083,
809or s. 775.084.
810     559.959  Rulemaking authority.--The department shall adopt
811rules pursuant to ss. 120.536(1) and 120.54 to administer this
812part. The rules shall include, but are not limited to, the
813following:
814     (1)  Requirements and procedures for the licensure of
815locksmith services businesses.
816     (2)  Requirements and procedures for the fingerprinting and
817background screening of persons listed in s. 559.945(1)(f) for
818criminal justice information.
819     (3)  Forms required to implement this part, including
820license applications, renewal applications, fingerprint
821submissions, affidavits of criminal history, and photo
822identification cards.
823     (4)  Establishment of application, license, renewal, and
824other reasonable and necessary fees based upon the department's
825estimate of the costs of administering this part.
826     (5)  Establishment and periodic update of a background
827screening fee schedule to incorporate fee changes by the Federal
828Bureau of Investigation, the Department of Law Enforcement, and
829other entities involved in conducting the background screenings.
830     (6)  Methods of obtaining and renewing photographs for
831photo identification.
832     (7)  Use and display of licenses and license numbers.
833     559.96  Deposit and use of revenues from fees, civil
834penalties, and fines.--Any fees, civil penalties, administrative
835fines, or other funds collected by the department pursuant to
836this part shall be deposited in the General Inspection Trust
837Fund and used to administer this part.
838     559.961  Preemption; local business tax receipts.--
839     (1)  Effective July 1, 2011, this part preempts any local
840act, law, ordinance, or regulation of a county or municipality
841that relates to locksmith services, locksmiths, or locksmith
842services businesses.
843     (2)  A county or municipality may not issue or renew a
844local business tax receipt for a locksmith services business
845unless the person applying for or renewing the local business
846tax receipt exhibits a valid license issued by the department.
847     559.962  Florida Locksmith Services Advisory Council.--The
848Florida Locksmith Services Advisory Council is created within
849the department to advise and assist the department in carrying
850out this part.
851     (1)  The council shall be composed of nine members
852appointed by the Commissioner of Agriculture, as follows:
853     (a)  Six industry members must be owners or employees of
854locksmith services businesses licensed under this part, as
855follows:
856     1.  Five members must be locksmiths who are owners or
857employees of separate, licensed locksmith services businesses
858who do not perform automotive-only locksmith services.
859     2.  One member must be an automotive-only locksmith who is
860an owner or employee of a licensed locksmith services business.
861     (b)  One member must be an electrical contractor certified
862under part II of chapter 489.
863     (c)  One member must have private investigative, private
864security, motor vehicle recovery, or law enforcement experience
865or expertise.
866     (d)  One member must be a consumer who is not affiliated
867with any locksmith services business.
868
869Each member must be a resident of the state. Each member, except
870the consumer member, must have at least 3 years of experience
871and be currently engaged in the profession. Initial industry
872members must be owners or employees of locksmith services
873businesses but, notwithstanding paragraph (a), the locksmith
874services businesses of the initial members are not required to
875be licensed.
876     (2)  Members shall be appointed for 4-year terms and must
877be geographically representative of the state. A member whose
878term expires shall continue to serve until his or her successor
879is appointed. A vacancy occurring before the expiration of a
880member's term shall be filled by the commissioner for the
881remainder of the term.
882     (3)(a)  The council shall annually elect a chair and a vice
883chair from among its appointed members.
884     (b)  The council shall meet at the call of the chair, upon
885the request of a majority of its membership, or upon the request
886of the Commissioner of Agriculture.
887     (c)  In conducting its meetings, the council shall use
888accepted rules of procedure. The department shall keep a
889complete record of each meeting, which must show the names of
890the members present and actions taken. The department shall keep
891the records of the council.
892     (4)  Members of the council shall serve without
893compensation but are entitled to per diem and travel expenses as
894provided in s. 112.061.
895     (5)  The department shall provide administrative and staff
896support for the council.
897     (6)  The council may review any rules adopted by the
898department pursuant to this part and may advise the department
899on matters relating to advancements in industry standards,
900practices, and other issues that require technical expertise and
901consultation or that promote consumer protection in the
902locksmith services industry.
903     Section 2.  This act shall take effect July 1, 2010.


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