Florida Senate - 2010 (Introducer Changed) SB 658
By Senator Crist
13-00683-10 2010658__
1 A bill to be entitled
2 An act relating to locksmith services; creating part
3 XII of ch. 559, F.S.; providing a short title;
4 providing findings and purpose; providing definitions;
5 providing exemptions from the application of the part;
6 requiring the licensure of locksmith services
7 businesses and locksmith referral services by the
8 Department of Agriculture and Consumer Services;
9 specifying licensure and application requirements;
10 requiring license fees; authorizing the waiver or
11 reduction of fees under certain circumstances;
12 providing for expiration of licenses; requiring
13 fingerprinting and background screening for criminal
14 records checks of the owner and certain other persons
15 affiliated with a locksmith services business;
16 specifying background screening requirements;
17 disqualifying certain persons from performing
18 locksmith services based upon background screening;
19 requiring the Department of Law Enforcement to retain
20 the fingerprints and search arrest records against the
21 fingerprints; requiring fees for background screening;
22 requiring the Department of Law Enforcement to provide
23 certain records to the Department of Agriculture and
24 Consumer Services upon request; authorizing licensure
25 by endorsement under certain circumstances; providing
26 license renewal requirements and procedures; providing
27 for the denial, suspension, revocation, or refusal to
28 renew a license under certain circumstances; requiring
29 a locksmith services business to maintain liability
30 insurance; prohibiting the performance of locksmith
31 services except by certain persons; authorizing
32 locksmiths, automotive-only locksmiths, and apprentice
33 locksmiths to perform locksmith services under certain
34 circumstances; establishing qualifications and
35 training requirements for locksmiths, automotive-only
36 locksmiths, and apprentice locksmiths; requiring
37 locksmith services businesses to keep certain records
38 and issue photo identification cards to locksmiths,
39 automotive-only locksmiths, and locksmith apprentices;
40 requiring display of photo identification cards and
41 licenses; requiring a locksmith services business to
42 display its license, license number, and other
43 information in all advertising; requiring a locksmith
44 services business to accept certain methods of payment
45 and keep certain business records; authorizing the
46 review of records by the department; prohibiting
47 certain acts relating to the possession of locksmith
48 tools; specifying certain prohibited acts relating to
49 the operation of a locksmith services business;
50 providing civil penalties and remedies; providing
51 administrative remedies and penalties; providing that
52 a violation of the act is a deceptive and unfair trade
53 practice; providing criminal penalties; requiring the
54 department to adopt rules; providing for the deposit
55 and use of certain funds; preempting to the state the
56 regulation of locksmith services, locksmiths, and
57 locksmith services businesses; prohibiting the
58 issuance or renewal of local business tax receipts to
59 locksmith services businesses except under certain
60 circumstances; creating the Florida Locksmith Services
61 Advisory Council within the department; providing
62 membership and terms; providing operating procedures
63 and duties; requiring the department to provide
64 administrative and staff support; providing an
65 effective date.
66
67 Be It Enacted by the Legislature of the State of Florida:
68
69 Section 1. Part XII of chapter 559, Florida Statutes,
70 consisting of sections 559.941, 559.942, 559.943, 559.944,
71 559.945, 559.946, 559.947, 559.948, 559.949, 559.95, 559.951,
72 559.952, 559.953, 559.954, 559.955, 559.956, 559.957, 559.958,
73 559.959, 559.96, 559.961, and 559.962, is created to read:
74 PART XII
75 LOCKSMITH SERVICES
76 559.941 Short title.—This part may be cited as the “Florida
77 Locksmith Services Act.”
78 559.942 Findings and purpose.—The Legislature finds that:
79 (1) Locksmiths operate in the public trust to service,
80 secure, and protect persons and property.
81 (2) Locksmiths must be trained in regulations and laws
82 applicable to their profession, including, but not limited to,
83 the federal Americans with Disabilities Act, the Florida
84 Building Code, the Florida Fire Prevention Code, and the Life
85 Safety Code, and must be trained in the proper installation and
86 maintenance of security devices, motor vehicle locks, keys, and
87 built-in security systems.
88 (3) The purpose of this part is to provide for the
89 licensing and regulation of locksmith services businesses in
90 this state which are necessary to protect the public from the
91 misuse of locksmithing knowledge, supplies, manuals, and
92 equipment that threaten public safety and security.
93 559.943 Definitions.—As used in this part, the term:
94 (1) “Advertise” means to advise, announce, give notice of,
95 publish, or call attention to by use of oral, written, or
96 graphic statement made in a newspaper or other publication or on
97 radio or television; made in any other electronic medium;
98 contained in any notice, handbill, sign, including signage on
99 any vehicle, flyer, catalog, or letter; or printed on or
100 contained in any tag or label attached to or accompanying any
101 good.
102 (2) “Apprentice locksmith” means a natural person who
103 performs locksmith services on behalf of a locksmith services
104 business under the direct and continuous supervision of a
105 locksmith.
106 (3) “Automotive-only locksmith” means a locksmith who
107 performs only those locksmith services relating to motor
108 vehicles as described in paragraphs (11)(e)-(g) on behalf of a
109 locksmith services business.
110 (4) “Business location” means a physical location where a
111 licensee operates a locksmith services business or, if the
112 licensee is a mobile locksmith services business, the physical
113 location where the licensee’s records are kept.
114 (5) “Department” means the Department of Agriculture and
115 Consumer Services.
116 (6) “Key duplication machine” means a device capable of
117 copying or reproducing keys.
118 (7) “Licensee” means a locksmith services business licensed
119 under this part.
120 (8) “Lock” means a mechanical, electromechanical,
121 electronic, or electromagnetic device or system, including, but
122 not limited to, any peripheral hardware such as, a closed
123 circuit television system, wireless or infrared transmitter,
124 card reader, keypad, or biometric scanner, that is designed to
125 control access to and egress from a door, gate, safe, vault,
126 safe-deposit box, motor vehicle, or other enclosure or that is
127 designed to control the use of such an enclosure.
128 (9) “Locksmith” means a natural person who performs any
129 locksmith services on behalf of a locksmith services business.
130 The term includes an automotive-only locksmith but does not
131 include a person whose activities are limited to making
132 duplicate keys.
133 (10) “Locksmith referral service” means the advertisement
134 of locksmith services in this state by a person who does not
135 perform the locksmith services but who subcontracts with, or
136 refers the customer to, another locksmith services business for
137 the performance of the locksmith services.
138 (11) “Locksmith services” means:
139 (a) Selling, installing, servicing, repairing, repinning,
140 recombinating, and adjusting locks, safes, vaults, or safe
141 deposit boxes.
142 (b) Originating, duplicating, and copying keys.
143 (c) Opening, bypassing, and neutralizing locks, safes,
144 vaults, or safe-deposit boxes.
145 (d) Creating, documenting, selling, installing, managing,
146 and servicing master key systems.
147 (e) Unlocking, bypassing, or neutralizing motor vehicle
148 locks by means other than intended by the manufacturer.
149 (f) Originating keys for motor vehicles that includes, if
150 necessary, the programming, reprogramming, or bypassing of any
151 security, transponder, or immobilizer systems or subsequent
152 technology built in by the manufacturer.
153 (g) Keying, rekeying, or recombinating motor vehicle locks.
154
155 The term does not include contracting as defined in s. 489.505
156 for which a registration or certification is required under part
157 II of chapter 489.
158 (12) “Locksmith services business” means a person who
159 performs or offers to perform locksmith services for
160 compensation, advertises or represents himself or herself as a
161 locksmith services business, or operates a locksmith referral
162 service in this state.
163 (13) “Locksmith tool” means a tool that is designed, or
164 intended by the user to be used, to open a lock by any means
165 other than the specific method designed for the normal operation
166 of opening the lock. The term includes the locksmith tools
167 described in s. 559.953(2).
168 (14) “Master key system” means a system of locks in which a
169 lock is keyed so that it can be operated by its own individual
170 key as well as by a key that operates other locks in the system
171 that are also keyed to their own individual keys.
172 (15) “Mobile locksmith services business” means a locksmith
173 services business that operates exclusively from one or more
174 vehicles and not from a specific physical location.
175 (16) “Motor vehicle” has the same meaning as in s.
176 559.903(5).
177 559.944 Application of part; exemptions.—This part does not
178 apply to:
179 (1) A law enforcement officer, firefighter or voluntary
180 firefighter, emergency medical technician or paramedic, or other
181 government employee or agent who, in his or her official line of
182 duty, performs locksmith services in an emergency situation in
183 which the life of a person, livestock, or an animal generally
184 regarded as a pet is endangered.
185 (2) A sales representative who provides a bona fide sales
186 demonstration of products to locksmiths.
187 (3) An in-store employee of a hardware store, do-it
188 yourself home products store, or other retail store who rekeys
189 locks being purchased in the store.
190 (4) An electrical or alarm system contractor registered or
191 certified under chapter 489 who is acting within the scope of
192 his or her practice.
193 (5) A person who lawfully acquires and uses a key
194 duplication machine or key blanks to duplicate keys.
195 (6) A property owner or agent of a property owner who
196 maintains a file of key cutting data for a master key system on
197 the property.
198 (7) An employee of a financial institution as defined in s.
199 655.005 who provides safe, safe-deposit box, or vault services
200 at the financial institution.
201 (8) A motor vehicle dealer as defined in s. 320.27, a motor
202 vehicle repair shop as defined in s. 559.903, or a lock
203 manufacturer or agent of a lock manufacturer who services,
204 installs, repairs, or rebuilds motor vehicle locks or originates
205 and duplicates motor vehicle keys.
206 (9) Building trades personnel who:
207 (a) Install locks or locking devices on a construction
208 project that requires a building permit; or
209 (b) Install locks or locking devices for home repair or
210 improvement, if the locks are designed for installation by the
211 customer and such home repair or improvement is part of a larger
212 repair or replacement project.
213 (10) A wrecker operator as defined in s. 1.01(15) who
214 possesses or uses car-opening tools as described in s.
215 559.953(2)(b) which are necessary to unlock vehicles, if the
216 wrecker operator does not advertise locksmith services or
217 otherwise advertise himself or herself as a locksmith.
218 (11) An automobile club as defined in s. 627.8405(1) when
219 towing a motor vehicle for a club member or assisting a club
220 member to enter a locked motor vehicle.
221 (12) A hardware store, do-it-yourself home product store,
222 or other retail store that sells locks and safes which are
223 designed for use and installation by the customer without
224 professional assistance.
225 559.945 Locksmith services business; licensure.—
226 (1) A person may not perform or offer to perform locksmith
227 services for compensation, advertise or represent himself or
228 herself as a locksmith services business, or operate a locksmith
229 referral service in this state unless the person is licensed
230 under this part. However, a locksmith or apprentice locksmith
231 performing locksmith services on behalf of a licensee is not
232 required to obtain a separate license. An application for
233 licensure must be submitted to the department in the format
234 prescribed by the department and must include, at a minimum, the
235 following:
236 (a) The full legal name and mailing address of the
237 applicant.
238 (b) Each name under which the applicant does business in
239 this state and, if the applicant is doing business under a
240 fictitious name, the date on which the applicant registered the
241 fictitious name with the Department of State.
242 (c) The mailing address, street address, and telephone
243 number of the applicant’s principal business location and, if
244 the applicant performs locksmith services or operates a
245 locksmith referral service at more than one business location,
246 the mailing address, street address, and telephone number of
247 each additional business location.
248 (d) If the applicant is not a natural person, a statement
249 of:
250 1. The applicant’s type of business entity, such as a
251 corporation, partnership, or other limited liability
252 corporation.
253 2. The applicant’s federal employer identification number.
254 3. Whether the applicant is a foreign or domestic business
255 entity, the state and date of incorporation, the charter number,
256 and the date that the applicant first registered with the
257 Department of State to do business in the state.
258 (e) Each corporate, fictitious, or other business or trade
259 name under which any owner of the locksmith services business
260 operated, was known, or did business as a locksmith services
261 business within 5 years before the date of the application.
262 (f) The full name, address, and telephone number of:
263 1. Each locksmith, automotive-only locksmith, and
264 apprentice locksmith who performs locksmith services on behalf
265 of the applicant.
266 2. Each officer and director of the corporation, their
267 official positions, and corporate offices, if the applicant is a
268 corporation.
269 3. Each general partner, if the applicant is a partnership.
270 4. Each managing member, if the applicant is a limited
271 liability corporation.
272 5. The owner of the applicant, if the applicant is a
273 proprietorship.
274 6. The applicant’s registered agent for service of process
275 in this state.
276 (g) The number of locksmiths that the applicant currently
277 employs or intends to employ.
278 (2) Each application must be accompanied by:
279 (a) Payment of a nonrefundable biennial license fee,
280 calculated as follows:
281 1. If the applicant employs one to five locksmiths, an
282 amount not to exceed $800.
283 2. If the applicant employs six or more locksmiths, an
284 amount not to exceed $1,600.
285 3. If the applicant operates a locksmith referral service
286 but does not employ any locksmiths, an amount not to exceed
287 $800.
288
289 If the department determines that the biennial license fees
290 established under this subsection for an initial or renewal
291 application impose a significant financial hardship upon the
292 applicant, the department may waive or reduce the fees to the
293 amount necessary to alleviate the hardship.
294 (b) Proof of liability insurance coverage as required in s.
295 559.95.
296 (c) For each person listed in paragraph (1)(f), a set of
297 fingerprints submitted in the manner prescribed by the
298 department, an affidavit of the person’s criminal history, if
299 any, and payment of any fees or costs required under s. 559.946
300 for background screening.
301 (3)(a) The department shall issue a license to each
302 applicant in the format prescribed by the department in
303 accordance with s. 120.60. The license must show at least the
304 name, the street address of each business location listed in the
305 application pursuant to paragraph (1)(c), and the license number
306 of the locksmith services business. If the applicant is a mobile
307 locksmith services business, the license must show the residence
308 address of the owner, if different than the street address of
309 the business location where the applicant’s records are kept.
310 (b) A license issued under this part may not be transferred
311 or assigned and is valid only for the licensee and the business
312 locations for which it is issued.
313 (c) A locksmith services business license is valid for 2
314 years from the date of issuance. To provide for the biennial
315 renewal of licenses under s. 559.948, the department may adopt
316 rules to stagger the license expiration dates over a 2-year
317 period.
318 (4)(a) A licensee must notify the department in writing at
319 least 30 days before changing a locksmith services business
320 location. The department shall issue to the licensee an amended
321 license that shows the new business location.
322 (b) Within 10 days after a person listed in paragraph
323 (1)(f) begins his or her duties with a licensee, the licensee
324 must submit a set of the person’s fingerprints in the manner
325 prescribed by the department, an affidavit of the person’s
326 criminal history, if any, and payment of any fees or costs
327 required under s. 559.946 for background screening.
328 559.946 Locksmith services businesses; fingerprinting and
329 background screening; disqualification.—
330 (1)(a) Each person listed in s. 559.945(1)(f) must be
331 fingerprinted and undergo background screening for criminal
332 justice information as defined in s. 943.045. The department
333 shall submit each set of fingerprints to the Department of Law
334 Enforcement for statewide criminal records checks, and the
335 Department of Law Enforcement shall forward the fingerprints to
336 the Federal Bureau of Investigation for federal criminal records
337 checks. The cost of the fingerprint processing and criminal
338 records checks shall be borne by the locksmith services business
339 or the person required to be fingerprinted and shall be paid to
340 the department. The Department of Law Enforcement shall submit a
341 monthly invoice to the department for the fingerprint processing
342 and criminal records checks performed during the month, and the
343 department shall pay the invoice from the fees collected. The
344 results of the criminal records checks shall be returned to the
345 department, and the department shall screen the results to
346 determine whether the person is disqualified under subsection
347 (2).
348 (b) If a legible set of fingerprints, as determined by the
349 Department of Law Enforcement or the Federal Bureau of
350 Investigation, cannot be obtained after two attempts, the
351 department shall determine whether the person is disqualified
352 based upon criminal records checks under the person’s name
353 conducted by the Department of Law Enforcement and the Federal
354 Bureau of Investigation.
355 (2)(a) A person required to undergo background screening
356 pursuant to this section must not have been convicted or
357 incarcerated as a result of having been convicted of a crime
358 involving trespass, burglary, theft, larceny, dealing in stolen
359 property, receiving stolen property, embezzlement, obtaining
360 property by false pretenses, possession of altered property, or
361 any other fraudulent or dishonest dealing within the previous 10
362 years.
363 (b) The department may grant a person disqualified under
364 paragraph (a) an exemption from disqualification for:
365 1. Any felony committed more than 3 years before the date
366 of disqualification.
367 2. Any misdemeanor.
368 3. Any misdemeanor or noncriminal offense that was a felony
369 when it was committed.
370 (c) In order for the department to grant an exemption, the
371 disqualified person must demonstrate by clear and convincing
372 evidence that he or she should not be disqualified. A
373 disqualified person seeking an exemption has the burden of
374 setting forth sufficient evidence of rehabilitation, including,
375 but not limited to, the circumstances surrounding the criminal
376 incident for which an exemption is sought, the time period that
377 has elapsed since the incident, the nature of the harm caused to
378 the victim, and the history of the disqualified person since the
379 incident, or any other evidence or circumstances indicating that
380 the disqualified person will not present a danger to the public
381 if an exemption is granted.
382 (3)(a) All fingerprints submitted to the Department of Law
383 Enforcement as required by this section shall be retained by the
384 Department of Law Enforcement in a manner provided by rule and
385 entered in the statewide automated fingerprint identification
386 system authorized by s. 943.05(2)(b). The fingerprints shall
387 thereafter be available for all purposes and uses authorized for
388 arrest fingerprints entered in the statewide automated
389 fingerprint identification system pursuant to s. 943.051.
390 (b) The Department of Law Enforcement shall search all
391 arrest fingerprints received under s. 943.051 against the
392 fingerprints retained in the statewide automated fingerprint
393 identification system under paragraph (a). Any arrest record
394 that is identified with the retained fingerprints of a person
395 subject to background screening under this section shall be
396 reported to the department. Each locksmith services business
397 must participate in the search process by notifying the
398 department of any change in a person’s status as a person listed
399 s. 559.945(1)(f) if, as a result of the change, the person’s
400 fingerprints are no longer required to be retained under
401 paragraph (a).
402 (c) Each licensee shall pay to the department a fee for the
403 cost of retaining the fingerprints and performing the ongoing
404 searches of arrest records under paragraph (b). The Department
405 of Law Enforcement shall submit an invoice to the department for
406 the fingerprints retained and searches performed, and the
407 department shall pay the invoice from the fees collected. The
408 Department of Law Enforcement shall adopt rules establishing the
409 amount of the fee and procedures for retaining the fingerprints,
410 performing the searches, and disseminating the search results.
411 The department shall notify the Department of Law Enforcement of
412 any change in a person’s status as a person listed s.
413 559.945(1)(f) if, as a result of the change, the person’s
414 fingerprints are no longer required to be retained under
415 paragraph (a).
416 (4) Before expiration of the time limit in s. 120.60 for
417 approving an application, if the department does not receive
418 criminal justice information for any person listed in s.
419 559.945(1)(f), or receives criminal justice information that
420 includes a crime that may disqualify the person but does not
421 include a final disposition of the crime, the time limit in s.
422 120.60 for approving the application is extended until the
423 department receives final disposition of the crime or proof of
424 restoration of civil rights.
425 (5) The Department of Law Enforcement shall provide the
426 department, upon request, with any criminal justice information
427 in its possession of a person who is:
428 (a) A licensee or applicant for a license under this part;
429 or
430 (b) Employed by a licensee or applicant for a license under
431 this part.
432 559.947 Licensure by endorsement.—
433 (1) A person may be licensed as a locksmith services
434 business in this state upon applying to the department,
435 remitting the nonrefundable biennial license fee calculated as
436 required in s. 559.945(2)(a), and demonstrating to the
437 department that the applicant:
438 (a) Meets the qualifications for licensure in s. 559.945;
439 or
440 (b) Holds a valid locksmith services business license, or
441 the equivalent thereof, issued by another state, territory, or
442 possession of the United States, the District of Columbia, or
443 the Commonwealth of Puerto Rico with which the department has
444 established reciprocity.
445 (2) The department may establish reciprocity with other
446 states, territories, or possessions of the United States, the
447 District of Columbia, or the Commonwealth of Puerto Rico and may
448 adopt criteria for establishing reciprocity, subject to the
449 following:
450 (a) The licensing requirements of the other state,
451 territory, or possession must substantially meet or exceed the
452 requirements of s. 559.945.
453 (b) The other state, territory, or possession must issue a
454 license, or the equivalent thereof, to a locksmith services
455 business that is licensed in this state and seeks to do business
456 in the other state, territory, or possession.
457 559.948 License renewal.—Each locksmith services business
458 license must be renewed biennially on or before the license’s
459 expiration date. To apply for renewal of a license, the licensee
460 must submit each of the following to the department:
461 (1) A renewal application in the format prescribed by the
462 department that includes the information required for initial
463 licensure in s. 559.945(1).
464 (2) Payment of the nonrefundable biennial license fee,
465 calculated as required in s. 559.945(2)(a).
466 (3) Proof of liability insurance coverage as required in s.
467 559.95.
468 (4) For each person listed in s. 559.945(1)(f), an updated
469 affidavit of the person’s criminal history, if any.
470 (5) For each person listed in s. 559.945(1)(f) who has not
471 undergone background screening, a set of fingerprints submitted
472 in the manner prescribed by the department, an affidavit of the
473 person’s criminal history, if any, and payment of any fees or
474 costs required under s. 559.946.
475 559.949 Denial, suspension, revocation, or refusal to renew
476 license.—The department may deny, suspend, revoke, or refuse to
477 renew the license of a locksmith services business based upon a
478 determination that the locksmith services business or any person
479 listed in s. 559.945(1)(f):
480 (1) Failed to meet the requirements for licensure as
481 provided in this part;
482 (2) Is disqualified based upon background screening
483 pursuant to s. 559.946(2);
484 (3) Failed to satisfy a civil penalty, administrative fine,
485 or other penalty arising out of an administrative or enforcement
486 action brought by any governmental agency;
487 (4) Received any civil, criminal, or administrative
488 adjudication in any jurisdiction; or
489 (5) Has had a judgment entered against the business or
490 person in any action brought under the Florida Deceptive and
491 Unfair Trade Practices Act in part II of chapter 501.
492 559.95 Liability insurance.—
493 (1) A locksmith services business must maintain current and
494 valid liability insurance coverage of at least $100,000 per
495 incident for loss or damages resulting from the negligence of
496 the locksmith services business or any of its locksmiths,
497 apprentice locksmiths, employees, or agents.
498 (2) The insurance coverage must be issued by an insurance
499 company or carrier licensed to transact business in this state
500 under the Florida Insurance Code. The department shall require a
501 locksmith services business to present a policy or certificate
502 of insurance of the required coverage before issuance or renewal
503 of a license. The department shall be named as a
504 certificateholder in the policy or certificate and must be
505 notified at least 30 days before any changes in insurance
506 coverage.
507 (3) If a locksmith services business does not maintain the
508 required insurance coverage, the department may immediately
509 suspend the business’s license or eligibility for licensure and
510 the business shall immediately cease operating as a locksmith
511 services business. In addition, notwithstanding the availability
512 of administrative relief under chapter 120, the department may
513 seek an immediate injunction in the circuit court of the county
514 in which the business is located that prohibits the locksmith
515 services business from operating until the business complies
516 with this section and imposes a civil penalty not to exceed
517 $10,000 and reasonable court costs.
518 559.951 Locksmiths; apprentice locksmiths; photo
519 identification cards; display of license and license number.—
520 (1) A person may not perform locksmith services on behalf
521 of a locksmith services business unless the person is the
522 licensee or one of the following:
523 (a) Locksmith.—Except as provided in paragraph (b) for an
524 automotive-only locksmith, a locksmith must be 18 years of age
525 or older and complete 16 hours of training, including training
526 in industry ethics, the federal Americans with Disabilities Act,
527 the Florida Building Code, the Florida Fire Prevention Code, and
528 the Life Safety Code.
529 (b) Automotive-only locksmith.—An automotive-only locksmith
530 must be 18 years of age or older and complete a training course
531 in industry ethics.
532 (c) Apprentice locksmith.—An apprentice locksmith must be
533 15 years of age or older and complete a minimum of 16 hours of
534 training, including training in industry ethics, the federal
535 Americans with Disabilities Act, the Florida Building Code, the
536 Florida Fire Prevention Code, and the Life Safety Code. An
537 apprentice locksmith may perform locksmith services only under
538 the direct and continuous supervision of a locksmith or
539 automotive-only locksmith. An apprentice locksmith may not
540 perform or contract to perform locksmith services without the
541 express approval of his or her supervising locksmith. The
542 supervising locksmith is responsible for any violation of this
543 part committed by the apprentice locksmith.
544 (2)(a) Except as provided in paragraph (b) for an
545 automotive-only locksmith, every 2 years, a locksmith must
546 complete at least 16 hours of training, including training on
547 the federal Americans with Disabilities Act, the Florida
548 Building Code, the Florida Fire Prevention Code, and the Life
549 Safety Code.
550 (b) Every 2 years, an automotive-only locksmith must
551 complete at least 8 hours of industry-related training. The
552 training must include, but is not limited to, training in
553 industry ethics.
554 (3) Each locksmith services business must maintain a
555 personnel record of each locksmith, automotive-only locksmith,
556 and apprentice locksmith who performs locksmith services on
557 behalf of the licensee. The personnel record must include:
558 (a) Two copies of a photograph taken of the locksmith,
559 automotive-only locksmith, or apprentice locksmith within 10
560 days after the date that he or she begins to perform locksmith
561 services on behalf of the licensee. One copy shall be used for
562 the locksmith’s or apprentice’s photo identification card. The
563 second copy shall be retained in his or her personnel record.
564 Both copies of the photograph shall be replaced with a current
565 photograph at least once every 2 calendar years.
566 (b) An affidavit of the locksmith’s, automotive-only
567 locksmith’s, or apprentice locksmith’s criminal history, if any,
568 and the results of the background screening conducted pursuant
569 to s. 559.946.
570 (c) Documentation provided by the locksmith services
571 business that demonstrates completion of the training required
572 in subsections (1) and (2).
573 (4) Each locksmith services business shall issue a photo
574 identification card to each locksmith, automotive-only
575 locksmith, and apprentice locksmith performing locksmith
576 services on behalf of the licensee. A photo identification card
577 must contain the name and photograph of the locksmith or
578 apprentice, the name of the locksmith services business, and the
579 license number. The photo identification card must also include:
580 (a) For a locksmith, the word “Locksmith.”
581 (b) For an automotive-only locksmith, the phrase
582 “Automotive-Only Locksmith.”
583 (c) For an apprentice locksmith, the word “Apprentice.”
584
585 Each locksmith, automotive-only locksmith, and apprentice
586 locksmith must display the photo identification card on his or
587 her person at all times while performing locksmith services.
588 (5) A locksmith services business must display a copy of
589 its locksmith services business license at each business
590 location in a manner easily readable by the general public. A
591 mobile locksmith services business shall keep a copy of the
592 license in each service vehicle for immediate presentation to
593 any law enforcement officer, state or local official, or member
594 of the general public upon request.
595 (6) Each advertisement or other form of advertising, each
596 service vehicle, and each work order, invoice, sales receipt, or
597 other business form of a licensee must include the license
598 number and name of the locksmith services business as they
599 appear on the license issued by the department.
600 559.952 Acceptable forms of payment; locksmith services
601 business records.—
602 (1) A locksmith services business shall accept at least two
603 of the following methods of payment:
604 (a) Cash, cashier’s check, money order, or traveler’s
605 check;
606 (b) Valid personal check, showing upon its face the name
607 and address of the person or an authorized representative for
608 whom the locksmith services were performed; or
609 (c) Valid credit card, which includes, but is not limited
610 to, Visa or MasterCard.
611 (2) A locksmith services business shall clearly and
612 conspicuously disclose to the person requesting locksmith
613 services in a work order, invoice, or sales receipt the methods
614 of payment that the locksmith services business accepts.
615 (3)(a) A locksmith services business must retain a copy of
616 each work order, invoice, and sales receipt for at least 2
617 years.
618 (b) Each work order, invoice, and sales receipt must
619 include the name of the person performing the service.
620 (c) A copy of each work order, invoice, and sales receipt
621 must be readily available for inspection at any time during
622 normal business hours by the department.
623 559.953 Locksmith tools; exemptions; prohibited acts.—
624 (1) This section does not apply to:
625 (a) A licensee.
626 (b) A locksmith or apprentice locksmith performing
627 locksmith services on behalf of a licensee.
628 (c) A recovery agent licensed under part IV of chapter 493.
629 (d) A wrecker operator as defined in s. 1.01(15).
630 (e) A lock manufacturer or the lock manufacturer’s agent
631 who has a reasonable need to possess locksmith tools,
632 implements, or outfits for demonstration, testing, or research
633 purposes.
634 (2) Except as otherwise provided in subsection (1), a
635 person may not obtain, own, or possess locksmith tools,
636 implements, or outfits, in any format, either in person, through
637 an intermediary, through mail order, or by any other procurement
638 method. As used in this subsection, the term “locksmith tools”
639 includes, but is not limited to:
640 (a) A bump key, which is a fabricated, specially shaped or
641 modified key intended to be used to unlock a lock by any means
642 other than the specific method designed for the normal operation
643 of opening the lock.
644 (b) A car-opening tool, which is a metal, cloth, nylon,
645 rubber, or plastic tool or device designed to enter, bypass, or
646 otherwise overcome the locking systems or locking mechanisms of
647 a motor vehicle by any means other than the specific method
648 designed for the normal operation of opening the lock.
649 (c) A manual or codebook, which is a compilation, in any
650 form, of key codes.
651 (d) A code-grabbing device, which is a device that can
652 receive, record, or receive and record the code signal sent by
653 the transmitter of a motor vehicle’s security, alarm, or
654 immobilizer system and play back the signal to disarm, bypass,
655 or neutralize the system.
656 (e) A lock pick, which is a manual, electric, or electronic
657 tool or device used to bypass, override, or neutralize a lock by
658 any means other than the specific method designed for the normal
659 operation of opening the lock.
660 (f) A manipulation key, which is a key other than a change
661 or master key that can be variably positioned or manipulated in
662 a keyway to bypass, override, or neutralize a lock by any means
663 other than the specific method designed for the normal operation
664 of opening the lock. As used in this paragraph, the term
665 “manipulation key” includes wiggle and bump keys.
666 (g) A safe-opening tool, which is a tool designed, or
667 intended by the user to be used, to open a safe, safe-deposit
668 box, or similar object by means other than that which is
669 intended by the manufacturer of the safe, vault, safe-deposit
670 box, or similar object for normal opening.
671 (h) A tryout key, which is a manipulation key that may or
672 may not be one of a set of similar keys used for a specific
673 series, keyway, or brand of lock to open, bypass, override, or
674 neutralize a lock by means other than intended by the
675 manufacturer.
676 559.954 Prohibited acts.—
677 (1) A person may not:
678 (a) Perform or offer to perform locksmith services without
679 having or acting under a valid license issued by the department
680 under this part.
681 (b) Advertise or represent himself or herself as a
682 locksmith services business without having a valid license
683 issued by the department under this part.
684 (c) Operate a locksmith referral service without having a
685 valid license issued by the department under this part.
686 (2) A licensee, or a locksmith, apprentice locksmith, or
687 other person acting on behalf of a licensee, may not:
688 (a) Fraudulently misuse any consumer’s credit card.
689 (b) Require a consumer to waive his or her rights provided
690 in this part as a precondition to the performance of locksmith
691 services.
692 (c) Fail or refuse, after notice, to provide any law
693 enforcement officer or the department with any document or
694 record or disclose any information required to be produced or
695 disclosed.
696 (d) Employ or contract with any person disqualified under
697 s. 559.946 to perform locksmith services on behalf of the
698 licensee.
699 (e) Submit to the department the fingerprints of a person
700 other than the person for whom fingerprints must be submitted
701 pursuant to s. 559.946 or fail to submit replacement
702 fingerprints for a locksmith or apprentice locksmith whose
703 original fingerprint submissions are returned to the department
704 as unclassifiable by the screening agency.
705 (f) Use a mailing address, registration facility, drop box,
706 or answering service in the promotion, advertisement,
707 solicitation, or sale of locksmith services, unless the street
708 address of the licensed business location is clearly disclosed
709 during any telephone solicitation and is prominently and
710 conspicuously disclosed in all advertisements and on the work
711 orders, invoices, and sales receipts.
712 (g) Operate as a locksmith services business at a business
713 location other than the location that appears on the license
714 issued by the department.
715 (h) Make a false statement in response to a request or
716 investigation by the department, the Department of Legal
717 Affairs, a law enforcement officer, or a state attorney.
718 (i) Make a material false statement in an application,
719 document, or record required to be submitted or kept under this
720 part.
721 (j) Commit any other act of fraud or misrepresentation or
722 fail to disclose a material fact.
723 (k) Disclose or permit the disclosure of any consumer
724 information without the consumer’s written approval, except as
725 authorized by this part.
726 (l) Violate this part or any rule adopted or order issued
727 under this part.
728 559.955 Civil penalties; remedies.—
729 (1) A consumer injured by a violation of this part may
730 bring an action in the appropriate court for relief. The court
731 shall award reasonable costs and attorney’s fees to the
732 prevailing party. The consumer may also bring an action for
733 injunctive relief in the circuit court.
734 (2)(a) The department may bring an action in a court of
735 competent jurisdiction to recover any penalties or damages
736 authorized in this part and for injunctive relief to enforce
737 this part.
738 (b) The department may seek a civil penalty of up to
739 $10,000 for each violation of this part.
740 (c) The department may seek restitution for and on behalf
741 of any consumer injured by a violation of this part.
742 (3) An agreement or representation that waives, limits,
743 restricts, or avoids any duty, obligation, or requirement of a
744 locksmith services business, as provided in this part, is void.
745 (4) A remedy provided in this part is in addition to any
746 other remedy otherwise available for the same conduct.
747 559.956 Administrative remedies; penalties.—
748 (1) The department shall process a consumer complaint
749 against a locksmith services business in the manner described in
750 ss. 570.07 and 570.544.
751 (2) A locksmith services business shall allow department
752 personnel to enter its business locations for purposes of
753 determining whether the license is current. If department
754 personnel are refused entry or access to the premises, the
755 department may seek injunctive relief in circuit court to
756 enforce this subsection.
757 (3) If the department determines that a locksmith services
758 business has violated, or is operating in violation of, this
759 part or any rules adopted or orders issued under this part, the
760 department may enter an order doing one or more of the
761 following:
762 (a) Issuing a notice of noncompliance under s. 120.695.
763 (b) Imposing an administrative fine not to exceed $10,000
764 for each act or omission.
765 (c) Directing that the locksmith services business cease
766 and desist specified activities.
767 (d) Refusing to issue or renew, suspending, or revoking a
768 license.
769 (e) Placing the licensee on probation for a specified
770 period, subject to conditions specified by the department.
771 (4) Administrative proceedings that may result in an order
772 imposing any of the penalties specified in subsection (3) are
773 governed by chapter 120.
774 (5) In a final order imposing an administrative fine or
775 refusing to issue or renew, suspending, or revoking a license,
776 the department may assess against the sanctioned party the cost
777 of conducting the administrative proceedings, unless the
778 department determines that the offense was inadvertent or done
779 in a good faith belief that the act or omission did not violate
780 a state law or rule. An assessment is limited to the reasonable
781 hourly rate of the hearing officer and the actual cost of
782 recording or transcribing the proceedings.
783 (6)(a) The department shall prominently post a “Closed by
784 Order of the Department” sign on a locksmith services business
785 whose license is suspended or revoked. The department shall also
786 post a sign on a locksmith services business that is judicially
787 or administratively determined to be operating without a
788 license.
789 (b) A person who defaces or removes the sign without
790 written authorization from the department, or a locksmith
791 services business that opens for operation without a license or
792 opens for operation as a locksmith services business while its
793 license is suspended or revoked, commits a misdemeanor of the
794 second degree, punishable as provided in s. 775.082 or s.
795 775.083.
796 (c) A criminal penalty imposed under this subsection shall
797 be in addition to any administrative sanction imposed by the
798 department under subsection (3).
799 559.957 Deceptive and unfair trade practices.—A person who
800 violates any provision of this part commits an unfair or
801 deceptive trade practice and is subject to the penalties and
802 remedies provided in part II of chapter 501.
803 559.958 Criminal penalties.—
804 (1) A person who violates s. 559.953 or s. 559.954 commits
805 a misdemeanor of the first degree, punishable as provided in s.
806 775.082 or s. 775.083.
807 (2) A person who violates s. 559.953 with the intent of
808 committing burglary, robbery, or larceny commits a felony of the
809 third degree, punishable as provided in s. 775.082, s. 775.083,
810 or s. 775.084.
811 559.959 Rulemaking authority.—The department shall adopt
812 rules pursuant to ss. 120.536(1) and 120.54 to administer this
813 part. The rules shall include, but are not limited to, the
814 following:
815 (1) Requirements and procedures for the licensure of
816 locksmith services businesses.
817 (2) Requirements and procedures for the fingerprinting and
818 background screening of persons listed in s. 559.945(1)(f) for
819 criminal justice information.
820 (3) Forms required to implement this part, including
821 license applications, renewal applications, fingerprint
822 submissions, affidavits of criminal history, and photo
823 identification cards.
824 (4) Establishment of application, license, renewal, and
825 other reasonable and necessary fees based upon the department’s
826 estimate of the costs of administering this part.
827 (5) Establishment and periodic update of a background
828 screening fee schedule to incorporate fee changes by the Federal
829 Bureau of Investigation, the Department of Law Enforcement, and
830 other entities involved in conducting the background screenings.
831 (6) Methods of obtaining and renewing photographs for photo
832 identification.
833 (7) Use and display of licenses and license numbers.
834 559.96 Deposit and use of revenues from fees, civil
835 penalties, and fines.—Any fees, civil penalties, administrative
836 fines, or other funds collected by the department pursuant to
837 this part shall be deposited in the General Inspection Trust
838 Fund and used to administer this part.
839 559.961 Preemption; local business tax receipts.—
840 (1) Effective July 1, 2011, this part preempts any local
841 act, law, ordinance, or regulation of a county or municipality
842 that relates to locksmith services, locksmiths, or locksmith
843 services businesses.
844 (2) A county or municipality may not issue or renew a local
845 business tax receipt for a locksmith services business unless
846 the person applying for or renewing the local business tax
847 receipt exhibits a valid license issued by the department.
848 559.962 Florida Locksmith Services Advisory Council.—The
849 Florida Locksmith Services Advisory Council is created within
850 the department to advise and assist the department in carrying
851 out this part.
852 (1) The council shall be composed of nine members appointed
853 by the Commissioner of Agriculture, as follows:
854 (a) Six industry members must be owners or employees of
855 locksmith services businesses licensed under this part, as
856 follows:
857 1. Five members must be locksmiths who are owners or
858 employees of separate, licensed locksmith services businesses
859 who do not perform automotive-only locksmith services.
860 2. One member must be an automotive-only locksmith who is
861 an owner or employee of a licensed locksmith services business.
862 (b) One member must be an electrical contractor certified
863 under part II of chapter 489.
864 (c) One member must have private investigative, private
865 security, motor vehicle recovery, or law enforcement experience
866 or expertise.
867 (d) One member must be a consumer who is not affiliated
868 with any locksmith services business.
869
870 Each member must be a resident of the state. Each member, except
871 the consumer member, must have at least 3 years of experience
872 and be currently engaged in the profession. Initial industry
873 members must be owners or employees of locksmith services
874 businesses but, notwithstanding paragraph (a), the locksmith
875 services businesses of the initial members are not required to
876 be licensed.
877 (2) Members shall be appointed for 4-year terms and must be
878 geographically representative of the state. A member whose term
879 expires shall continue to serve until his or her successor is
880 appointed. A vacancy occurring before the expiration of a
881 member’s term shall be filled by the commissioner for the
882 remainder of the term.
883 (3)(a) The council shall annually elect a chair and a vice
884 chair from among its appointed members.
885 (b) The council shall meet at the call of the chair, upon
886 the request of a majority of its membership, or upon the request
887 of the Commissioner of Agriculture.
888 (c) In conducting its meetings, the council shall use
889 accepted rules of procedure. The department shall keep a
890 complete record of each meeting, which must show the names of
891 the members present and actions taken. The department shall keep
892 the records of the council.
893 (4) Members of the council shall serve without compensation
894 but are entitled to per diem and travel expenses as provided in
895 s. 112.061.
896 (5) The department shall provide administrative and staff
897 support for the council.
898 (6) The council may review any rules adopted by the
899 department pursuant to this part and may advise the department
900 on matters relating to advancements in industry standards,
901 practices, and other issues that require technical expertise and
902 consultation or that promote consumer protection in the
903 locksmith services industry.
904 Section 2. This act shall take effect July 1, 2010.