CS/CS/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;
44specifying certain prohibited acts relating to the
45operation of a locksmith services business; providing
46civil penalties and remedies; providing administrative
47remedies and penalties; providing that a violation of the
48act is a deceptive and unfair trade practice; providing
49criminal penalties; requiring the department to adopt
50rules; providing for the deposit and use of certain funds;
51preempting to the state certain regulations of locksmith
52services, locksmiths, and locksmith services businesses;
53prohibiting the issuance or renewal of local business tax
54receipts to locksmith services businesses except under
55certain circumstances; creating the Florida Locksmith
56Services Advisory Council within the department; providing
57membership and terms; providing operating procedures and
58duties; requiring the department to provide administrative
59and staff support; providing an effective date.
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Part XII of chapter 559, Florida Statutes,
64consisting of sections 559.941, 559.942, 559.943, 559.944,
65559.945, 559.946, 559.947, 559.948, 559.949, 559.95, 559.951,
66559.952, 559.953, 559.954, 559.955, 559.956, 559.957, 559.958,
67559.959, 559.96, and 559.961, 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,
74secure, and protect persons and property.
75     (2)  Locksmiths must be trained in regulations and laws
76applicable to their profession, including, but not limited to,
77the federal Americans with Disabilities Act, the Florida
78Building Code, the Florida Fire Prevention Code, and the Life
79Safety Code, and must be trained in the proper installation and
80maintenance of security devices, motor vehicle locks, keys, and
81built-in security systems.
82     (3)  The purpose of this part is to provide for the
83licensing and regulation of locksmith services businesses in
84this state which are necessary to protect the public from the
85misuse of locksmithing knowledge, supplies, manuals, and
86equipment that 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,
89publish, or call attention to by use of oral, written, or
90graphic statement made in a newspaper or other publication or on
91radio or television; made in any other electronic medium;
92contained in any notice, handbill, sign, including signage on
93any vehicle, flyer, catalog, or letter; or printed on or
94contained in any tag or label attached to or accompanying any
95good.
96     (2)  "Apprentice locksmith" means a natural person who
97performs locksmith services on behalf of a locksmith services
98business under the direct and continuous supervision of a
99locksmith.
100     (3)  "Automotive-only locksmith" means a locksmith who
101performs only those locksmith services relating to motor
102vehicles as described in paragraphs (11)(e)-(g) on behalf of a
103locksmith services business.
104     (4)  "Business location" means a physical location where a
105licensee operates a locksmith services business or, if the
106licensee is a mobile locksmith services business, the physical
107location where the licensee's records are kept.
108     (5)  "Department" means the Department of Agriculture and
109Consumer Services.
110     (6)  "Key duplication machine" means a device capable of
111copying or reproducing keys.
112     (7)  "Licensee" means a locksmith services business
113licensed under this part.
114     (8)  "Lock" means a mechanical, electromechanical,
115electronic, or electromagnetic device or system, including, but
116not limited to, any peripheral hardware such as, a closed-
117circuit television system, wireless or infrared transmitter,
118card reader, keypad, or biometric scanner, that is designed to
119control access to and egress from a door, gate, safe, vault,
120safe-deposit box, motor vehicle, or other enclosure or that is
121designed to control the use of such an enclosure.
122     (9)  "Locksmith" means a natural person who performs any
123locksmith services on behalf of a locksmith services business.
124The term includes an automotive-only locksmith but does not
125include a person whose activities are limited to making
126duplicate keys.
127     (10)  "Locksmith referral service" means the advertisement
128of locksmith services in this state by a person who does not
129perform the locksmith services but who subcontracts with, or
130refers the customer to, another locksmith services business for
131the performance of the locksmith services.
132     (11)  "Locksmith services" means:
133     (a)  Selling, installing, servicing, repairing, repinning,
134recombinating, and adjusting locks, safes, vaults, or safe-
135deposit boxes.
136     (b)  Originating, duplicating, and copying keys.
137     (c)  Opening, bypassing, and neutralizing locks, safes,
138vaults, or safe-deposit boxes.
139     (d)  Creating, documenting, selling, installing, managing,
140and servicing master key systems.
141     (e)  Unlocking, bypassing, or neutralizing motor vehicle
142locks by means other than intended by the manufacturer.
143     (f)  Originating keys for motor vehicles that includes, if
144necessary, the programming, reprogramming, or bypassing of any
145security, transponder, or immobilizer systems or subsequent
146technology built in by the manufacturer.
147     (g)  Keying, rekeying, or recombinating motor vehicle
148locks.
149
150The term does not include contracting as defined in s. 489.505
151for which a registration or certification is required under part
152II of chapter 489.
153     (12)  "Locksmith services business" means a person who
154performs or offers to perform locksmith services for
155compensation, advertises or represents himself or herself as a
156locksmith services business, or operates a locksmith referral
157service in this state.
158     (13)  "Master key system" means a system of locks in which
159a lock is keyed so that it can be operated by its own individual
160key as well as by a key that operates other locks in the system
161that are also keyed to their own individual keys.
162     (14)  "Mobile locksmith services business" means a
163locksmith services business that operates exclusively from one
164or more vehicles and not from a specific physical location.
165     (15)  "Motor vehicle" has the same meaning as in s.
166559.903(5).
167     559.944  Application of part; exemptions.-This part does
168not apply to:
169     (1)  A law enforcement officer, firefighter or voluntary
170firefighter, emergency medical technician or paramedic, or other
171government employee or agent who, in his or her official line of
172duty, performs locksmith services.
173     (2)  A sales representative who provides a bona fide sales
174demonstration of products to locksmiths.
175     (3)  An in-store employee of a hardware store, do-it-
176yourself home products store, or other retail store who rekeys
177locks being purchased in the store.
178     (4)  An electrical or alarm system contractor registered or
179certified under chapter 489 who is acting within the scope of
180his or her practice.
181     (5)  A person who lawfully acquires and uses a key
182duplication machine or key blanks to duplicate keys.
183     (6)  A property owner or agent of a property owner who
184maintains a file of key cutting data for a master key system on
185the property.
186     (7)  An employee of a financial institution as defined in
187s. 655.005 who provides safe, safe-deposit box, or vault
188services at the financial institution.
189     (8)  A motor vehicle dealer as defined in s. 320.27, a
190motor vehicle repair shop as defined in s. 559.903, or a lock
191manufacturer or agent of a lock manufacturer who services,
192installs, repairs, or rebuilds motor vehicle locks or originates
193and duplicates motor vehicle keys.
194     (9)  Building trades personnel who:
195     (a)  Install locks or locking devices on a construction
196project that requires a building permit; or
197     (b)  Install locks or locking devices for home repair or
198improvement, if the locks are designed for installation by the
199customer and such home repair or improvement is part of a larger
200repair or replacement project.
201     (10)  A wrecker operator as defined in s. 1.01(15) who
202possesses or uses the car-opening tools which are necessary to
203unlock vehicles, if the wrecker operator does not advertise
204himself or herself as a locksmith.
205     (11)  An automobile club as defined in s. 627.8405(1) when
206towing a motor vehicle for a club member or assisting a club
207member to enter a locked motor vehicle.
208     (12)  A hardware store, do-it-yourself home product store,
209or other retail store that sells locks and safes which are
210designed for use and installation by the customer without
211professional assistance.
212     559.945  Locksmith services business; licensure.-
213     (1)  A person may not perform or offer to perform locksmith
214services for compensation, advertise or represent himself or
215herself as a locksmith services business, or operate a locksmith
216referral service in this state unless the person is licensed
217under this part. However, a locksmith or apprentice locksmith
218performing locksmith services on behalf of a licensee is not
219required to obtain a separate license. An application for
220licensure must be submitted to the department in the format
221prescribed by the department and must include, at a minimum, the
222following:
223     (a)  The full legal name and mailing address of the
224applicant.
225     (b)  Each name under which the applicant does business in
226this state and, if the applicant is doing business under a
227fictitious name, the date on which the applicant registered the
228fictitious name with the Department of State.
229     (c)  The mailing address, street address, and telephone
230number of the applicant's principal business location and, if
231the applicant performs locksmith services or operates a
232locksmith referral service at more than one business location,
233the mailing address, street address, and telephone number of
234each additional business location; or, for an applicant
235operating as a mobile locksmith services business, the vehicle
236identification number, license plate number, and a copy of the
237vehicle registration.
238     (d)  If the applicant is not a natural person, a statement
239of:
240     1.  The applicant's type of business entity, such as a
241corporation, partnership, or other limited liability
242corporation.
243     2.  The applicant's federal employer identification number.
244     3.  Whether the applicant is a foreign or domestic business
245entity, the state and date of incorporation, the charter number,
246and the date that the applicant first registered with the
247Department of State to do business in the state.
248     (e)  Each corporate, fictitious, or other business or trade
249name under which any owner of the locksmith services business
250operated, was known, or did business as a locksmith services
251business within 5 years before the date of the application.
252     (f)  The full name, address, and telephone number of:
253     1.  Each locksmith, automotive-only locksmith, and
254apprentice locksmith who performs locksmith services on behalf
255of the applicant.
256     2.  Each officer and director of the corporation, their
257official positions, and corporate offices, if the applicant is a
258corporation.
259     3.  Each general partner, if the applicant is a
260partnership.
261     4.  Each managing member, if the applicant is a limited
262liability corporation.
263     5.  The owner of the applicant, if the applicant is a
264proprietorship.
265     6.  The applicant's registered agent for service of process
266in this state.
267     (g)  The number of locksmiths that the applicant currently
268employs or intends to employ.
269     (2)  Each application must be accompanied by:
270     (a)  Payment of a nonrefundable biennial license fee,
271calculated as follows:
272     1.  If the applicant employs one to five locksmiths, an
273amount not to exceed $800.
274     2.  If the applicant employs six or more locksmiths, an
275amount not to exceed $1,600.
276     3.  If the applicant operates a locksmith referral service
277but does not employ any locksmiths, an amount not to exceed
278$800.
279
280If, upon receipt of documentation demonstrating that an
281applicant's financial hardship results from a tax determination,
282collections enforcement, or other proof that the applicant's
283liabilities exceed the assets of his or her business, the
284department may, to the extent that the fees required by this
285subsection would impose a significant financial hardship, waive
286or reduce such fees for an initial or renewal application.
287     (b)  Proof of liability insurance coverage as required in
288s. 559.95.
289     (c)  For each person listed in paragraph (1)(f), a set of
290fingerprints submitted in the manner prescribed by the
291department, an affidavit of the person's criminal history, if
292any, and payment of any fees or costs required under s. 559.946
293for background screening.
294     (3)(a)  The department shall issue a license to each
295applicant in the format prescribed by the department in
296accordance with s. 120.60. The license must show at least the
297name, the street address of each business location listed in the
298application pursuant to paragraph (1)(c), and the license number
299of the locksmith services business. If the applicant is a mobile
300locksmith services business, the license must show the residence
301address of the owner, if different than the street address of
302the business location where the applicant's records are kept.
303     (b)  A license issued under this part may not be
304transferred or assigned and is valid only for the licensee and
305the business locations for which it is issued.
306     (c)  A locksmith services business license is valid for 2
307years from the date of issuance. To provide for the biennial
308renewal of licenses under s. 559.948, the department may adopt
309rules to stagger the license expiration dates over a 2-year
310period.
311     (4)(a)  A licensee must notify the department in writing at
312least 30 days before changing a locksmith services business
313location. The department shall issue to the licensee an amended
314license that shows the new business location.
315     (b)  Within 10 days after a person listed in paragraph
316(1)(f) begins his or her duties with a licensee, the licensee
317must submit a set of the person's fingerprints in the manner
318prescribed by the department, an affidavit of the person's
319criminal history, if any, and payment of any fees or costs
320required under s. 559.946 for background screening.
321     559.946  Locksmith services businesses; fingerprinting and
322background screening; disqualification.-
323     (1)(a)  Each person listed in s. 559.945(1)(f) must be
324fingerprinted and undergo background screening for criminal
325justice information as defined in s. 943.045. The department
326shall submit each set of fingerprints to the Department of Law
327Enforcement for statewide criminal records checks, and the
328Department of Law Enforcement shall forward the fingerprints to
329the Federal Bureau of Investigation for federal criminal records
330checks. The cost of the fingerprint processing and criminal
331records checks shall be borne by the locksmith services business
332or the person required to be fingerprinted and shall be paid to
333the department. The Department of Law Enforcement shall submit a
334monthly invoice to the department for the fingerprint processing
335and criminal records checks performed during the month, and the
336department shall pay the invoice from the fees collected. The
337results of the criminal records checks shall be returned to the
338department, and the department shall screen the results to
339determine whether the person is disqualified under subsection
340(2).
341     (b)  If a legible set of fingerprints, as determined by the
342Department of Law Enforcement or the Federal Bureau of
343Investigation, cannot be obtained after two attempts, the
344department shall determine whether the person is disqualified
345based upon criminal records checks under the person's name
346conducted by the Department of Law Enforcement and the Federal
347Bureau of Investigation.
348     (2)(a)  A person required to undergo background screening
349pursuant to this section must not have been convicted or
350incarcerated as a result of having been convicted of a crime
351involving sexual battery, attempted sexual battery, trespass,
352burglary, theft, larceny, dealing in stolen property, receiving
353stolen property, embezzlement, obtaining property by false
354pretenses, possession of altered property, or any other
355fraudulent or dishonest dealing within the previous 10 years.
356     (b)  The department may grant a person disqualified under
357paragraph (a) an exemption from disqualification for conviction
358of:
359     1.  Any felony committed more than 3 years before the date
360of disqualification.
361     2.  Any misdemeanor.
362     (c)  In order for the department to grant an exemption, the
363disqualified person must demonstrate clear and convincing
364evidence of rehabilitation, including, but not limited to, the
365circumstances surrounding the criminal incident for which an
366exemption is sought, the time period that has elapsed since the
367incident, the nature of the harm caused to the victim, and the
368history of the disqualified person since the incident, or any
369other evidence or circumstances indicating that the disqualified
370person will not present a danger to the public if an exemption
371is granted.
372     (3)(a)  All fingerprints submitted to the Department of Law
373Enforcement pursuant to this section must be submitted
374electronically and shall be retained by the Department of Law
375Enforcement in a manner provided by rule and entered in the
376statewide automated fingerprint identification system authorized
377by s. 943.05(2)(b). The fingerprints shall thereafter be
378available for all purposes and uses authorized for arrest
379fingerprints entered in the statewide automated fingerprint
380identification system pursuant to s. 943.051.
381     (b)  The Department of Law Enforcement shall search all
382arrest fingerprints received under s. 943.051 against the
383fingerprints retained in the statewide automated fingerprint
384identification system under paragraph (a). Any arrest record
385that is identified with the retained fingerprints of a person
386subject to background screening under this section shall be
387reported to the department. Each locksmith services business
388must participate in the search process by notifying the
389department of any change in a person's status as a person listed
390s. 559.945(1)(f) if, as a result of the change, the person's
391fingerprints are no longer required to be retained under
392paragraph (a).
393     (c)  Each licensee shall pay to the department a fee for
394the cost of retaining the fingerprints and performing the
395ongoing searches of arrest records under paragraph (b). The
396Department of Law Enforcement shall submit an invoice to the
397department for the fingerprints retained and searches performed,
398and the department shall pay the invoice from the fees
399collected. The Department of Law Enforcement shall adopt rules
400establishing the amount of the fee and procedures for retaining
401the fingerprints, performing the searches, and disseminating the
402search results. The department shall notify the Department of
403Law Enforcement of any change in a person's status as a person
404listed s. 559.945(1)(f) if, as a result of the change, the
405person's fingerprints are no longer required to be retained
406under paragraph (a).
407     (4)  Before expiration of the time limit in s. 120.60 for
408approving an application, if the department does not receive
409criminal justice information for any person listed in s.
410559.945(1)(f), or receives criminal justice information that
411includes a crime that may disqualify the person but does not
412include a final disposition of the crime, the time limit in s.
413120.60 for approving the application is extended until the
414department receives the final disposition of the crime or proof
415of restoration of civil rights. However, an applicant may only
416operate as an apprentice locksmith until the final disposition
417of the crime or the proof of restoration of the applicant's
418civil rights is received by the department.
419     (5)  The Department of Law Enforcement shall provide the
420department, upon request, with any criminal justice information
421in its possession of a person who is:
422     (a)  A licensee or applicant for a license under this part;
423or
424     (b)  Employed by a licensee or applicant for a license
425under this part.
426     559.947  Licensure by endorsement.-
427     (1)  A person may be licensed as a locksmith services
428business in this state upon applying to the department,
429remitting the nonrefundable biennial license fee calculated as
430required in s. 559.945(2)(a), and demonstrating to the
431department that the applicant:
432     (a)  Meets the qualifications for licensure in s. 559.945;
433or
434     (b)  Holds a valid locksmith services business license, or
435the equivalent thereof, issued by another state, territory, or
436possession of the United States, the District of Columbia, or
437the Commonwealth of Puerto Rico with which the department has
438established reciprocity.
439     (2)  The department may establish reciprocity with other
440states, territories, or possessions of the United States, the
441District of Columbia, or the Commonwealth of Puerto Rico and may
442adopt criteria for establishing reciprocity, subject to the
443following:
444     (a)  The licensing requirements of the other state,
445territory, or possession must substantially meet or exceed the
446requirements of s. 559.945.
447     (b)  The other state, territory, or possession must issue a
448license, or the equivalent thereof, to a locksmith services
449business that is licensed in this state and seeks to do business
450in the other state, territory, or possession.
451     559.948  License renewal.-Each locksmith services business
452license must be renewed biennially on or before the license's
453expiration date. To apply for renewal of a license, the licensee
454must submit each of the following to the department:
455     (1)  A renewal application in the format prescribed by the
456department that includes the information required for initial
457licensure in s. 559.945(1).
458     (2)  Payment of the nonrefundable biennial license fee,
459calculated as required in s. 559.945(2)(a).
460     (3)  Proof of liability insurance coverage as required in
461s. 559.95.
462     (4)  For each person listed in s. 559.945(1)(f), an updated
463affidavit of the person's criminal history, if any.
464     (5)  For each person listed in s. 559.945(1)(f) who has not
465undergone background screening, a set of fingerprints submitted
466in the manner prescribed by the department, an affidavit of the
467person's criminal history, if any, and payment of any fees or
468costs required under s. 559.946.
469     559.949  Denial, suspension, revocation, or refusal to
470renew license.-The department may deny, suspend, revoke, or
471refuse to renew the license of a locksmith services business
472based upon a determination that the locksmith services business
473or any person listed in s. 559.945(1)(f):
474     (1)  Failed to meet the requirements for licensure as
475provided in this part;
476     (2)  Is disqualified based upon background screening
477pursuant to s. 559.946(2);
478     (3)  Received any civil, criminal, or administrative
479adjudication in any jurisdiction;
480     (4)  Has had a judgment entered against the business or
481person in any action brought under the Florida Deceptive and
482Unfair Trade Practices Act in part II of chapter 501; or
483     (5)  Failed to maintain liability insurance as required in
484s. 559.95.
485     559.95  Liability insurance.-
486     (1)  A locksmith services business must maintain current
487and valid liability insurance coverage of at least $100,000 per
488incident for loss or damages resulting from the negligence of
489the locksmith services business or any of its locksmiths,
490apprentice locksmiths, employees, or agents.
491     (2)  The insurance coverage must be issued by an insurance
492company or carrier licensed to transact business in this state
493under the Florida Insurance Code. The department shall require a
494locksmith services business to present a policy or certificate
495of insurance of the required coverage before issuance or renewal
496of a license. The department shall be named as a
497certificateholder in the policy or certificate and must be
498notified at least 30 days before any changes in insurance
499coverage.
500     (3)  Notwithstanding the availability of administrative
501relief under chapter 120, the department may seek an immediate
502injunction in the circuit court of the county in which the
503business is located that prohibits the locksmith services
504business from operating until the business complies with this
505section and imposes a civil penalty not to exceed $10,000 and
506reasonable court costs.
507     559.951  Locksmiths; apprentice locksmiths; photo
508identification cards; display of license and license number.-
509     (1)  A person may not perform locksmith services on behalf
510of a locksmith services business unless the person is the
511licensee or one of the following:
512     (a)  Locksmith.-Except as provided in paragraph (b) for an
513automotive-only locksmith, a locksmith must be 18 years of age
514or older and complete 16 hours of training, including training
515in industry ethics and the provisions of the federal Americans
516with Disabilities Act, the Florida Building Code, the Florida
517Fire Prevention Code, and the Life Safety Code relating to
518locksmith services or the installation of locks.
519     (b)  Automotive-only locksmith.-An automotive-only
520locksmith must be 18 years of age or older and complete a
521training course in industry ethics.
522     (c)  Apprentice locksmith.-An apprentice locksmith must be
52315 years of age or older and complete a minimum of 16 hours of
524training, including training in industry ethics and the
525provisions of the federal Americans with Disabilities Act, the
526Florida Building Code, the Florida Fire Prevention Code, and the
527Life Safety Code relating to locksmith services or the
528installation of locks. An apprentice locksmith may perform
529locksmith services only under the direct and continuous
530supervision of a locksmith or automotive-only locksmith. An
531apprentice locksmith may not perform or contract to perform
532locksmith services without the express approval of his or her
533supervising locksmith. The supervising locksmith is responsible
534for any violation of this part committed by the apprentice
535locksmith.
536     (2)(a)  Except as provided in paragraph (b) for an
537automotive-only locksmith, every 2 years, a locksmith must
538complete at least 16 hours of training, including training on
539the provisions of the federal Americans with Disabilities Act,
540the Florida Building Code, the Florida Fire Prevention Code, and
541the Life Safety Code relating to locksmith services and the
542installation of locks.
543     (b)  Every 2 years, an automotive-only locksmith must
544complete at least 8 hours of industry-related training. The
545training must include, but is not limited to, training in
546industry ethics.
547     (3)  Each locksmith services business must maintain a
548personnel record of each locksmith, automotive-only locksmith,
549and apprentice locksmith who performs locksmith services on
550behalf of the licensee. The personnel record must include:
551     (a)  Two copies of a photograph taken of the locksmith,
552automotive-only locksmith, or apprentice locksmith within 10
553days after the date that he or she begins to perform locksmith
554services on behalf of the licensee. One copy shall be used for
555the locksmith's or apprentice's photo identification card. The
556second copy shall be retained in his or her personnel record.
557Both copies of the photograph shall be replaced with a current
558photograph at least once every 2 calendar years.
559     (b)  An affidavit of the locksmith's, automotive-only
560locksmith's, or apprentice locksmith's criminal history, if any.
561     (c)  Documentation provided by the locksmith services
562business that demonstrates completion of the training required
563in subsections (1) and (2).
564     (4)  Each locksmith services business shall issue a photo
565identification card to each locksmith, automotive-only
566locksmith, and apprentice locksmith performing locksmith
567services on behalf of the licensee. A photo identification card
568must contain the name and photograph of the locksmith or
569apprentice, the name of the locksmith services business, and the
570license number. The photo identification card must also include:
571     (a)  For a locksmith, the word "Locksmith."
572     (b)  For an automotive-only locksmith, the phrase
573"Automotive-Only Locksmith."
574     (c)  For an apprentice locksmith, the word "Apprentice."
575
576Each locksmith, automotive-only locksmith, and apprentice
577locksmith must display the photo identification card on his or
578her person at all times while performing locksmith services.
579     (5)  A locksmith services business must display a copy of
580its locksmith services business license at each business
581location in a manner easily readable by the general public. A
582mobile locksmith services business shall keep a copy of the
583license in each service vehicle for immediate presentation to
584any law enforcement officer, state or local official, or member
585of the general public upon request.
586     (6)  Each advertisement or other form of advertising, each
587service vehicle, and each work order, invoice, sales receipt, or
588other business form of a licensee must include the license
589number and name of the locksmith services business as they
590appear on the license issued by the department.
591     559.952  Acceptable forms of payment; locksmith services
592business records.-
593     (1)  A locksmith services business shall accept at least
594two of the following methods of payment:
595     (a)  Cash, cashier's check, money order, or traveler's
596check;
597     (b)  Valid personal check, showing upon its face the name
598and address of the person or an authorized representative for
599whom the locksmith services were performed; or
600     (c)  Valid credit card, which includes, but is not limited
601to, Visa or MasterCard.
602     (2)  A locksmith services business shall clearly and
603conspicuously disclose to the person requesting locksmith
604services in a work order, invoice, or sales receipt the methods
605of payment that the locksmith services business accepts.
606     (3)(a)  A locksmith services business must retain a copy of
607each work order, invoice, and sales receipt for at least 2
608years.
609     (b)  Each work order, invoice, and sales receipt must
610include the name of the person performing the service.
611     (c)  A copy of each work order, invoice, and sales receipt
612must be readily available for inspection at any time during
613normal business hours by the department.
614     559.953  Prohibited acts.-
615     (1)  A person may not:
616     (a)  Perform or offer to perform locksmith services without
617having or acting under a valid license issued by the department
618under this part.
619     (b)  Advertise or represent himself or herself as a
620locksmith services business without having a valid license
621issued by the department under this part.
622     (c)  Operate a locksmith referral service without having a
623valid license issued by the department under this part.
624     (2)  A licensee, or a locksmith, apprentice locksmith, or
625other person acting on behalf of a licensee, may not:
626     (a)  Require a consumer to waive his or her rights provided
627in this part as a precondition to the performance of locksmith
628services.
629     (b)  Fail or refuse, after notice, to provide any law
630enforcement officer or the department with any document or
631record or disclose any information required to be produced or
632disclosed.
633     (c)  Employ or contract with any person disqualified under
634s. 559.946 to perform locksmith services on behalf of the
635licensee.
636     (d)  Submit to the department the fingerprints of a person
637other than the person for whom fingerprints must be submitted
638pursuant to s. 559.946 or fail to submit replacement
639fingerprints for a locksmith or apprentice locksmith whose
640original fingerprint submissions are returned to the department
641as unclassifiable by the screening agency.
642     (e)  Use a mailing address, registration facility, drop
643box, or answering service in the promotion, advertisement,
644solicitation, or sale of locksmith services, unless the street
645address of the licensed business location is clearly disclosed
646during any telephone solicitation and is prominently and
647conspicuously disclosed in all advertisements and on the work
648orders, invoices, and sales receipts.
649     (f)  Operate as a locksmith services business at a business
650location other than the location that appears on the license
651issued by the department.
652     (g)  Make a false statement in response to a request or
653investigation by the department, the Department of Legal
654Affairs, a law enforcement officer, or a state attorney.
655     (h)  Make a material false statement in an application,
656document, or record required to be submitted or kept under this
657part.
658     (i)  Commit any other act of fraud or misrepresentation or
659fail to disclose a material fact.
660     (j)  Disclose or permit the disclosure of any consumer
661information without the consumer's written approval, except as
662authorized by this part.
663     (k)  Violate this part or any rule adopted or order issued
664under this part.
665     559.954  Civil penalties; remedies.-
666     (1)  A consumer injured by a violation of this part may
667bring an action in the appropriate court for relief. The court
668may award reasonable costs and attorney's fees to the prevailing
669party. The consumer may also bring an action for injunctive
670relief in the circuit court.
671     (2)(a)  The department may bring an action in a court of
672competent jurisdiction to recover any penalties or damages
673authorized in this part and for injunctive relief to enforce
674this part.
675     (b)  The department may seek a civil penalty of up to
676$10,000 for each violation of this part.
677     (c)  The department may seek restitution for and on behalf
678of any consumer injured by a violation of this part.
679     (3)  An agreement or representation that waives, limits,
680restricts, or avoids any duty, obligation, or requirement of a
681locksmith services business, as provided in this part, is void.
682     (4)  A remedy provided in this part is in addition to any
683other remedy otherwise available for the same conduct.
684     559.955  Administrative remedies; penalties.-
685     (1)  The department shall process a consumer complaint
686against a locksmith services business in the manner described in
687ss. 570.07 and 570.544.
688     (2)  A locksmith services business shall allow department
689personnel to enter its business locations for purposes of
690determining whether the license is current. If department
691personnel are refused entry or access to the premises, the
692department may seek injunctive relief in circuit court to
693enforce this subsection.
694     (3)  If the department determines that a locksmith services
695business has violated, or is operating in violation of, this
696part or any rules adopted or orders issued under this part, the
697department may enter an order doing one or more of the
698following:
699     (a)  Issuing a notice of noncompliance under s. 120.695.
700     (b)  Imposing an administrative fine not to exceed $10,000
701for each act or omission.
702     (c)  Directing that the locksmith services business cease
703and desist specified activities.
704     (d)  Refusing to issue or renew, suspending, or revoking a
705license.
706     (e)  Placing the licensee on probation for a specified
707period, subject to conditions specified by the department.
708     (4)  Administrative proceedings that may result in an order
709imposing any of the penalties specified in subsection (3) are
710governed by chapter 120.
711     (5)  In a final order imposing an administrative fine or
712refusing to issue or renew, suspending, or revoking a license,
713the department may assess against the sanctioned party the cost
714of conducting the administrative proceedings, unless the
715department determines that the offense was inadvertent or done
716in a good faith belief that the act or omission did not violate
717a state law or rule. An assessment is limited to the reasonable
718hourly rate of the hearing officer and the actual cost of
719recording or transcribing the proceedings.
720     (6)(a)  The department shall prominently post a "Closed by
721Order of the Department" sign on a locksmith services business
722whose license is suspended or revoked. The department shall also
723post a sign on a locksmith services business that is judicially
724or administratively determined to be operating without a
725license.
726     (b)  A person who defaces or removes the sign without
727written authorization from the department, or a locksmith
728services business that opens for operation without a license or
729opens for operation as a locksmith services business while its
730license is suspended or revoked, commits a misdemeanor of the
731second degree, punishable as provided in s. 775.082 or s.
732775.083.
733     (c)  A criminal penalty imposed under this subsection shall
734be in addition to any administrative sanction imposed by the
735department under subsection (3).
736     559.956  Deceptive and unfair trade practices.-A person who
737violates any provision of this part commits an unfair or
738deceptive trade practice and is subject to the penalties and
739remedies provided in part II of chapter 501.
740     559.957  Criminal penalties.-A person who violates s.
741559.953 commits a misdemeanor of the first degree, punishable as
742provided in s. 775.082 or s. 775.083.
743     559.958  Rulemaking authority.-The department shall adopt
744rules pursuant to ss. 120.536(1) and 120.54 to administer this
745part. The rules shall include, but are not limited to, the
746following:
747     (1)  Requirements and procedures for the licensure of
748locksmith services businesses.
749     (2)  Requirements and procedures for the fingerprinting and
750background screening of persons listed in s. 559.945(1)(f) for
751criminal justice information.
752     (3)  Forms required to implement this part, including
753license applications, renewal applications, fingerprint
754submissions, affidavits of criminal history, and photo
755identification cards.
756     (4)  Establishment of application, license, renewal, and
757other reasonable and necessary fees based upon the department's
758estimate of the costs of administering this part.
759     (5)  Establishment and periodic update of a background
760screening fee schedule to incorporate fee changes by the Federal
761Bureau of Investigation, the Department of Law Enforcement, and
762other entities involved in conducting the background screenings.
763     (6)  Methods of obtaining and renewing photographs for
764photo identification.
765     (7)  Use and display of licenses and license numbers.
766     559.959  Deposit and use of revenues from fees, civil
767penalties, and fines.-Any fees, civil penalties, administrative
768fines, or other funds collected by the department pursuant to
769this part shall be deposited in the General Inspection Trust
770Fund and used to administer this part.
771     559.96  Preemption; local business tax receipts.-
772     (1)  Effective July 1, 2011, this part preempts any local
773act, law, ordinance, or regulation of a county or municipality
774that relates to locksmith services, locksmiths, or locksmith
775services businesses that does not meet or exceed the
776requirements of this part.
777     (2)  A county or municipality may not issue or renew a
778local business tax receipt for a locksmith services business
779unless the person applying for or renewing the local business
780tax receipt exhibits a valid license issued by the department.
781     559.961  Florida Locksmith Services Advisory Council.-The
782Florida Locksmith Services Advisory Council is created within
783the department to advise and assist the department in carrying
784out this part.
785     (1)  The council shall be composed of nine members
786appointed by the Commissioner of Agriculture, as follows:
787     (a)  Six industry members must be owners or employees of
788locksmith services businesses licensed under this part, as
789follows:
790     1.  Five members must be locksmiths who are owners or
791employees of separate, licensed locksmith services businesses
792who do not perform automotive-only locksmith services.
793     2.  One member must be an automotive-only locksmith who is
794an owner or employee of a licensed locksmith services business.
795     (b)  One member must be an electrical contractor certified
796under part II of chapter 489.
797     (c)  One member must have private investigative, private
798security, motor vehicle recovery, or law enforcement experience
799or expertise.
800     (d)  One member must be a consumer who is not affiliated
801with any locksmith services business.
802
803Each member must be a resident of the state. Each member, except
804the consumer member, must have at least 3 years of experience
805and be currently engaged in the profession. Initial industry
806members must be owners or employees of locksmith services
807businesses.
808     (2)  Members shall be appointed for 4-year terms, must be
809geographically representative of the state, and, unless there is
810no other applicant seeking appointment to the council, may not
811be appointed for more than two consecutive terms. A member whose
812term expires shall continue to serve until his or her successor
813is appointed. A vacancy occurring before the expiration of a
814member's term shall be filled by the commissioner for the
815remainder of the term.
816     (3)(a)  The council shall annually elect a chair and a vice
817chair from among its appointed members.
818     (b)  The council shall meet at the call of the chair, upon
819the request of a majority of its membership, or upon the request
820of the Commissioner of Agriculture.
821     (c)  In conducting its meetings, the council shall use
822accepted rules of procedure. The department shall keep a
823complete record of each meeting, which must show the names of
824the members present and actions taken. The department shall keep
825the records of the council.
826     (4)  Members of the council shall serve without
827compensation but are entitled to per diem and travel expenses as
828provided in s. 112.061.
829     (5)  The department shall provide administrative and staff
830support for the council.
831     (6)  The council may review any rules adopted by the
832department pursuant to this part and may advise the department
833on matters relating to advancements in industry standards,
834practices, and other issues that require technical expertise and
835consultation or that promote consumer protection in the
836locksmith services industry.
837     Section 2.  This act shall take effect July 1, 2010.


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