Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1040
       
       
       
       
       
                                Barcode 368768                          
       
       576-02770A-13                                                   
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; transferring, redesignating, and
    4         amending s. 525.09(1), F.S.; transferring the
    5         collection of the motor fuel inspection fee from the
    6         Department of Agriculture and Consumer Services to the
    7         Department of Revenue; amending s. 206.45, F.S.;
    8         providing for the collection and distribution of the
    9         inspection fee on motor fuel; amending s. 493.6101,
   10         F.S.; revising the definition of the term
   11         “repossession”; amending s. 493.6113, F.S.; requiring
   12         licensees to submit proof of recertification training
   13         to the Department of Agriculture and Consumer
   14         Services; providing that failure to submit proof of
   15         firearm recertification training will result in
   16         license suspension and nonrenewal; amending s.
   17         493.6116, F.S.; removing a provision that prohibits
   18         firearm licensees from sponsoring certain interns;
   19         requiring interns to conduct regulated duties within
   20         the state; amending s. 493.6118, F.S.; providing
   21         additional grounds for disciplinary action against
   22         firearm licensees; providing criminal penalties for
   23         providing fraudulent training certifications;
   24         conforming a cross-reference; amending s. 493.6120,
   25         F.S.; providing an exception to a penalty provision;
   26         amending s. 493.6121, F.S.; conforming a cross
   27         reference; amending s. 496.405, F.S.; revising
   28         procedures and requirements with respect to the
   29         submission and processing of registration statements
   30         and renewal statements by charitable organizations and
   31         sponsors; amending s. 496.406, F.S.; providing
   32         exemption from registration requirements for certain
   33         charitable organizations and sponsors; requiring
   34         exempt charitable organizations and sponsors that
   35         solicit donations to provide information to the
   36         department; providing that the burden of proving an
   37         exemption is on the entity claiming the exemption;
   38         limiting applicability of the registration exemption;
   39         amending s. 496.407, F.S.; providing that a charitable
   40         organization or sponsor may submit certain IRS forms
   41         and schedules in lieu of a financial report; amending
   42         s. 496.409, F.S.; revising procedures and requirements
   43         with respect to the submission and processing of
   44         registration statements and renewal statements by
   45         professional fundraising consultants; amending s.
   46         496.410, F.S.; revising procedures and requirements
   47         with respect to the submission and processing of
   48         registration statements, renewal statements, and
   49         reports by professional solicitors; amending s.
   50         496.411, F.S.; deleting provisions that require
   51         registered charitable entities, sponsors, or
   52         solicitors to display the percentage retained from
   53         contributions; amending s. 496.415, F.S.; providing
   54         that it is unlawful to knowingly provide a misleading
   55         or inaccurate document relating to a solicitation or
   56         charitable promotion; providing criminal penalties;
   57         amending s. 496.419, F.S.; providing that certain
   58         violations constitute an immediate public threat and
   59         are grounds for suspending solicitation activities;
   60         requiring that the department report only
   61         substantiated criminal violations to a prosecuting
   62         authority; conforming cross-references; amending s.
   63         501.016, F.S.; reducing the required security amount
   64         for health studios; amending s. 501.059, F.S.;
   65         prohibiting a person from making certain outbound
   66         telephonic sales calls; amending s. 501.603, F.S.;
   67         revising the definitions of the terms “commercial
   68         telephone solicitation” and “commercial telephone
   69         seller”; amending s. 501.604, F.S.; specifying that
   70         exemptions apply to telecommunications businesses and
   71         businesses that have operated lawfully; making
   72         technical and conforming changes; amending s. 501.607,
   73         F.S.; deleting the provision requiring commercial
   74         telephone salespersons to provide employment history
   75         to the department; amending s. 501.608, F.S.;
   76         requiring that commercial telephone sellers provide
   77         the department with certain documents to aid in
   78         determining eligibility for exemptions; requiring each
   79         commercial telephone seller operating under an
   80         exemption to display or make certain documents
   81         available for inspection; providing that failure to
   82         obtain or display certain documents is grounds for
   83         action against the commercial telephone seller;
   84         amending s. 501.611, F.S.; requiring a commercial
   85         telephone seller to maintain an active security bond
   86         throughout the period of licensure; amending s.
   87         501.615, F.S.; revising the criteria for certain
   88         exempt telephonic sales; requiring a commercial
   89         telephone seller engaged in activities regulated by
   90         ch. 721 to comply with certain disclosure obligations;
   91         amending s. 501.617, F.S.; authorizing the department
   92         to conduct regulatory inspections of commercial
   93         telephone sellers; amending s. 507.03, F.S.; requiring
   94         moving brokers to provide the department with contact
   95         information for movers with whom they have contracted
   96         for services or are affiliated; amending s. 507.04,
   97         F.S.; eliminating the requirement that a moving broker
   98         obtain a bond; amending s. 507.07, F.S.; prohibiting
   99         movers and moving brokers from entering into certain
  100         service contracts with certain unregistered persons;
  101         amending s. 525.01, F.S.; revising the definition of
  102         the term “alternative fuels” for purposes of
  103         inspection requirements; repealing s. 525.09(2)-(4),
  104         F.S., relating to the payment and applicability of an
  105         inspection fee for testing and analyzing petroleum
  106         fuels; amending s. 525.10, F.S.; eliminating the
  107         requirement that collected fees be paid into the
  108         treasury and distributed into a specified trust fund;
  109         conforming provisions; amending s. 525.16, F.S.;
  110         requiring entities that sell or distribute certain
  111         fuels to meet fuel standards adopted by the
  112         department; providing a release of liability for
  113         certain entities who supply and blend fuels that meet
  114         department standards; amending s. 526.141, F.S.;
  115         providing that certain entities are not liable for
  116         damages resulting from the incompatible use of motor
  117         fuels under certain circumstances; amending s. 527.01,
  118         F.S.; providing a definition for the term “license
  119         year” as it relates to the sale of petroleum gas;
  120         amending s. 527.0201, F.S.; revising examination
  121         requirements for applicants seeking certain licenses;
  122         revising continuing education requirements for
  123         specified qualifiers; amending s. 527.03, F.S.;
  124         revising the renewal procedure for certain licenses;
  125         amending s. 531.415, F.S.; conforming a cross
  126         reference; amending s. 531.61, F.S.; exempting certain
  127         commercial weights and measures devices from permit
  128         requirements; conforming a cross-reference; amending
  129         chapter 2009-66, Laws of Florida; extending the
  130         expiration date of certain statutes related to
  131         commercial weights and measures; amending s. 539.001,
  132         F.S.; revising fingerprinting requirements for a
  133         pawnbroker license application; amending s. 559.802,
  134         F.S.; requiring franchisors to provide notice of the
  135         franchise sale on a department promulgated form;
  136         amending s. 559.803, F.S.; deleting provisions
  137         allowing and requiring sellers of business
  138         opportunities to file federal disclosure statements
  139         with the department; repealing s. 559.805, F.S.,
  140         relating to mandatory filings and disclosure of
  141         advertisement identification numbers by sellers of
  142         business opportunities; repealing s. 559.807(2), F.S.,
  143         relating to bonds or securities for business
  144         opportunity sellers; amending s. 559.813, F.S.;
  145         deleting a provision authorizing the department to
  146         impose specified penalties for certain violations
  147         relating to selling business opportunities; abrogating
  148         the enforcement and rulemaking authority of the
  149         Department of Agriculture and Consumer Services;
  150         amending s. 559.815, F.S.; conforming a cross
  151         reference; amending s. 559.9221, F.S.; revising the
  152         membership of the Motor Vehicle Repair Advisory
  153         Council; amending s. 616.242, F.S.; revising amusement
  154         ride insurance coverage requirements; amending s.
  155         721.20, F.S.; requiring specified persons who sell
  156         timeshare plans to be licensed as commercial telephone
  157         sellers or salespersons under ch. 501, F.S.; providing
  158         an effective date.
  159  
  160  Be It Enacted by the Legislature of the State of Florida:
  161  
  162         Section 1. Subsection (1) of section 525.09, Florida
  163  Statutes, is transferred, redesignated as paragraph (h) of
  164  subsection (1) of section 206.41, Florida Statutes, and amended,
  165  to read:
  166         206.41 State taxes imposed on motor fuel.—
  167         (1) The following taxes are imposed on motor fuel under the
  168  circumstances described in subsection (6):
  169         (h)(1)An additional 0.125 cent per net gallon is levied on
  170  all motor fuel for sale or use in this state for the purpose of
  171  defraying the expenses incident to inspecting, testing, and
  172  analyzing motor fuel petroleum fuels in this state, there shall
  173  be paid to the department a charge of one-eighth cent per gallon
  174  on all gasoline, kerosene (except when used as aviation turbine
  175  fuel), and #1 fuel oil for sale or use in this state. This
  176  inspection fee shall be imposed in the same manner as the motor
  177  fuel tax pursuant to s. 206.41. Payment shall be made on or
  178  before the 25th day of each month.
  179         Section 2. Subsection (4) is added to section 206.45,
  180  Florida Statutes, to read:
  181         206.45 Payment of tax into State Treasury.—
  182         (4) The department shall pay all moneys collected pursuant
  183  to s. 206.41(1)(h) into the State Treasury for monthly
  184  distribution into the General Inspection Trust Fund.
  185         Section 3. Subsection (22) of section 493.6101, Florida
  186  Statutes, is amended to read:
  187         493.6101 Definitions.—
  188         (22) “Repossession” means the recovery of a motor vehicle
  189  as defined under s. 320.01(1), a mobile home as defined in s.
  190  320.01(2), a motorboat as defined under s. 327.02, an aircraft
  191  as defined in s. 330.27(1), a personal watercraft as defined in
  192  s. 327.02, an all-terrain vehicle as defined in s. 316.2074,
  193  farm equipment as defined under s. 686.402, or industrial
  194  equipment, by an individual who is authorized by the legal
  195  owner, lienholder, or lessor to recover, or to collect money
  196  payment in lieu of recovery of, such property that was which has
  197  been sold or leased under a security agreement that contains a
  198  repossession clause. As used in this subsection, the term
  199  “industrial equipment” includes, but is not limited to,
  200  tractors, road rollers, cranes, forklifts, backhoes, and
  201  bulldozers. The term “industrial equipment” also includes other
  202  vehicles that are propelled by power other than muscular power
  203  and that are used in the manufacture of goods or used in the
  204  provision of services. A repossession is complete when a
  205  licensed recovery agent is in control, custody, and possession
  206  of such repossessed property. Property that is being repossessed
  207  is considered to be in the control, custody, and possession of a
  208  licensed recovery agent if the vehicle or other equipment being
  209  repossessed has been secured in preparation for transport from
  210  the site of the recovery by means of having been attached to, or
  211  placed on, the towing or other transport vehicle, or if the
  212  vehicle or equipment being repossessed is being operated or
  213  about to be operated by a licensed recovery agent.
  214         Section 4. Paragraph (b) of subsection (3) of section
  215  493.6113, Florida Statutes, is amended to read:
  216         493.6113 Renewal application for licensure.—
  217         (3) Each licensee is responsible for renewing his or her
  218  license on or before its expiration by filing with the
  219  department an application for renewal accompanied by payment of
  220  the prescribed license fee.
  221         (b) Each Class “G” licensee shall additionally submit proof
  222  that he or she has received during each year of the license
  223  period a minimum of 4 hours of firearms recertification training
  224  taught by a Class “K” licensee and has complied with such other
  225  health and training requirements which the department may adopt
  226  by rule. Proof of completion of recertification training must be
  227  submitted to the department upon completion of that training. If
  228  the documentation of completion of recertification training is
  229  not submitted by the end of the first year of the license
  230  period, the individual’s license shall be automatically
  231  suspended until proof of such training is submitted to the
  232  department. If the documentation of completion of
  233  recertification training is not submitted by the end of the
  234  second year of the license period, the license may not be
  235  renewed unless If proof of a minimum of 4 hours of annual
  236  firearms recertification training cannot be provided, the
  237  renewal applicant completes shall complete the minimum number of
  238  hours of range and classroom training required at the time of
  239  initial licensure. The department may waive the foregoing
  240  firearms training requirement if:
  241         1. The applicant provides proof that he or she is currently
  242  certified as a law enforcement officer or correctional officer
  243  under the Criminal Justice Standards and Training Commission and
  244  has completed law enforcement firearms requalification training
  245  annually during the previous 2 years of the licensure period.
  246         2. The applicant provides proof that he or she is currently
  247  certified as a federal law enforcement officer and has received
  248  law enforcement firearms training administered by a federal law
  249  enforcement agency annually during the previous 2 years of the
  250  licensure period.
  251         3. The applicant submits a valid firearm certificate among
  252  those specified in s. 493.6105(6)(a) and provides proof of
  253  having completed requalification training during the previous 2
  254  years of the licensure period.
  255         Section 5. Subsections (2) through (4) of section 493.6116,
  256  Florida Statutes, are amended to read:
  257         493.6116 Sponsorship of interns.—
  258         (2) An internship may not commence until a licensee submits
  259  the sponsor has submitted to the department a the notice of
  260  intent to sponsor. Such notice shall be on a form provided by
  261  the department.
  262         (3) An internship is intended to serve as a period of
  263  learning process. Licensees who sponsor interns Sponsors shall
  264  provide assume a training status by providing direction to and
  265  maintain control of interns as part of this learning process.
  266  Sponsors may shall only sponsor interns whose place of business
  267  is within a 50-mile distance of the sponsor’s place of business
  268  and shall not allow interns to operate independently of such
  269  direction and control, or require interns to perform activities
  270  that which do not enhance the intern’s qualification for
  271  licensure. Interns shall perform regulated duties within the
  272  geographic boundaries of this state during the period of
  273  internship.
  274         (4) A licensee No sponsor may not sponsor more than six
  275  interns at the same time.
  276         Section 6. Present subsections (1) and (4) of section
  277  493.6118, Florida Statutes, are amended, present subsections (2)
  278  through (7) of that section are redesignated as subsections (3)
  279  through (8), respectively, and a new subsection (2) is added to
  280  that section, to read:
  281         493.6118 Grounds for disciplinary action.—
  282         (1) The following constitute grounds for which disciplinary
  283  action specified in subsection (3) (2) may be taken by the
  284  department against a any licensee, agency, or applicant
  285  regulated by this chapter, or an any unlicensed person engaged
  286  in activities regulated under this chapter.
  287         (a) Fraud or willful misrepresentation in applying for or
  288  obtaining a license.
  289         (b) Use of a any fictitious or assumed name by an agency
  290  unless the agency has department approval and qualifies under s.
  291  865.09.
  292         (c) Being found guilty of or entering a plea of guilty or
  293  nolo contendere to, regardless of adjudication, or being
  294  convicted of a crime that directly relates to the business for
  295  which the license is held or sought. A plea of nolo contendere
  296  creates shall create a rebuttable presumption of guilt to the
  297  underlying criminal charges, and the department shall allow the
  298  individual being disciplined or denied an application for a
  299  license to present any mitigating circumstances surrounding his
  300  or her plea.
  301         (d) A false statement by the licensee that an any
  302  individual is or has been in his or her employ.
  303         (e) A finding that the licensee or an any employee of the
  304  licensee is guilty of willful betrayal of a professional secret
  305  or the any unauthorized release of information acquired as a
  306  result of activities regulated under this chapter.
  307         (f) Proof that the applicant or licensee is guilty of fraud
  308  or deceit, or of negligence, incompetency, or misconduct, in the
  309  practice of the activities regulated under this chapter.
  310         (g) Conducting activities regulated under this chapter
  311  without a license or with a revoked or suspended license.
  312         (h) Failure of the licensee to maintain in full force and
  313  effect the commercial general liability insurance coverage
  314  required by s. 493.6110.
  315         (i) Impersonating, or permitting or aiding and abetting an
  316  employee to impersonate, a law enforcement officer or an
  317  employee of the state, the United States, or a any political
  318  subdivision thereof by identifying himself or herself as a
  319  federal, state, county, or municipal law enforcement officer or
  320  official representative, by wearing a uniform or presenting or
  321  displaying a badge or credentials that would cause a reasonable
  322  person to believe that he or she is a law enforcement officer or
  323  that he or she has official authority, by displaying any
  324  flashing or warning vehicular lights other than amber colored,
  325  or by committing an any act that is intended to falsely convey
  326  official status.
  327         (j) Commission of an act of violence or the use of force on
  328  a any person except in the lawful protection of one’s self or
  329  another from physical harm.
  330         (k) Knowingly violating, advising, encouraging, or
  331  assisting the violation of a any statute, court order, capias,
  332  warrant, injunction, or cease and desist order, in the course of
  333  business regulated under this chapter.
  334         (l) Soliciting business for an attorney in return for
  335  compensation.
  336         (m) Transferring or attempting to transfer a license issued
  337  pursuant to this chapter.
  338         (n) Employing or contracting with an any unlicensed or
  339  improperly licensed person or agency to conduct activities
  340  regulated under this chapter, or performing an any act that
  341  assists, aids, or abets a person or business entity in engaging
  342  in unlicensed activity, when the licensure status was known or
  343  could have been ascertained by reasonable inquiry.
  344         (o) Failure or refusal to cooperate with or refusal of
  345  access to an authorized representative of the department engaged
  346  in an official investigation pursuant to this chapter.
  347         (p) Failure of a any partner, principal corporate officer,
  348  or licensee to have his or her identification card in his or her
  349  possession while on duty.
  350         (q) Failure of a any licensee to have his or her license in
  351  his or her possession while on duty, as specified in s.
  352  493.6111(1).
  353         (r) Failure or refusal by a sponsor to certify a biannual
  354  written report on an intern or to certify completion or
  355  termination of an internship to the department within 15 working
  356  days.
  357         (s) Failure to report to the department a any person whom
  358  the licensee knows to be in violation of this chapter or the
  359  rules of the department.
  360         (t) Violating any provision of this chapter.
  361         (u) For a Class “G” licensee, failing to complete
  362  recertification training required to carry a firearm while
  363  performing regulated duties.
  364         (v) For a Class “K” licensee, failing to maintain active
  365  certification as a professional firearms trainer.
  366         (w)(u) For a Class “G” or a Class “K” applicant or
  367  licensee, being prohibited from purchasing or possessing a
  368  firearm by state or federal law.
  369         (x)(v) In addition to the grounds for disciplinary action
  370  prescribed in paragraphs (a)-(t), Class “R” recovery agencies,
  371  Class “E” recovery agents, and Class “EE” recovery agent interns
  372  are prohibited from committing the following acts:
  373         1. Recovering a motor vehicle, mobile home, motorboat,
  374  aircraft, personal watercraft, all-terrain vehicle, farm
  375  equipment, or industrial equipment that has been sold under a
  376  conditional sales agreement or under the terms of a chattel
  377  mortgage before authorization has been received from the legal
  378  owner or mortgagee.
  379         2. Charging for expenses not actually incurred in
  380  connection with the recovery, transportation, storage, or
  381  disposal of repossessed property or personal property obtained
  382  in a repossession.
  383         3. Using any repossessed property or personal property
  384  obtained in a repossession for the personal benefit of a
  385  licensee or an officer, director, partner, manager, or employee
  386  of a licensee.
  387         4. Selling property recovered under the provisions of this
  388  chapter, except with written authorization from the legal owner
  389  or the mortgagee thereof.
  390         5. Failing to notify the police or sheriff’s department of
  391  the jurisdiction in which the repossessed property is recovered
  392  within 2 hours after recovery.
  393         6. Failing to remit moneys collected in lieu of recovery of
  394  a motor vehicle, mobile home, motorboat, aircraft, personal
  395  watercraft, all-terrain vehicle, farm equipment, or industrial
  396  equipment to the client within 10 working days.
  397         7. Failing to deliver to the client a negotiable instrument
  398  that is payable to the client, within 10 working days after
  399  receipt of such instrument.
  400         8. Falsifying, altering, or failing to maintain any
  401  required inventory or records regarding disposal of personal
  402  property contained in or on repossessed property pursuant to s.
  403  493.6404(1).
  404         9. Carrying a any weapon or firearm when he or she is on
  405  private property and performing duties under his or her license
  406  whether or not he or she is licensed pursuant to s. 790.06.
  407         10. Soliciting from the legal owner the recovery of
  408  property subject to repossession after such property has been
  409  seen or located on public or private property if the amount
  410  charged or requested for such recovery is more than the amount
  411  normally charged for such a recovery.
  412         11. Wearing, presenting, or displaying a badge in the
  413  course of performing a repossession regulated by this chapter.
  414         (2)It is unlawful for a person to knowingly possess,
  415  issue, cause to be issued, sell, submit, or offer a fraudulent
  416  training certificate, proficiency form, or other official
  417  document that declares an applicant has successfully completed a
  418  course of training required for licensure under chapter 493 if
  419  that person knows or reasonably should know that the
  420  certificate, form, or document is fraudulent. A violation of
  421  this section is a felony of the third degree, punishable as
  422  provided in s. 775.082, s. 775.083, or s. 775.084.
  423         (5)(4) Notwithstanding the provisions of paragraph (1)(c)
  424  and subsection (3) (2):
  425         (a) If the applicant or licensee has been convicted of a
  426  felony, the department shall deny the application or revoke the
  427  license unless and until civil rights have been restored by the
  428  State of Florida or by a state acceptable to Florida and a
  429  period of 10 years has expired since final release from
  430  supervision.
  431         (b) A Class “G” applicant who has been convicted of a
  432  felony must shall also have had the specific right to possess,
  433  carry, or use a firearm restored by the State of Florida.
  434         (c) If the applicant or licensee has been found guilty of,
  435  entered a plea of guilty to, or entered a plea of nolo
  436  contendere to a felony and adjudication of guilt is withheld,
  437  the department shall deny the application or revoke the license
  438  until a period of 3 years has expired since final release from
  439  supervision.
  440         (d) A plea of nolo contendere creates shall create a
  441  rebuttable presumption of guilt to the underlying criminal
  442  charges, and the department shall allow the person being
  443  disciplined or denied an application for a license to present
  444  any mitigating circumstances surrounding his or her plea.
  445         (e) The grounds for discipline or denial cited in this
  446  subsection apply shall be applied to a any disqualifying
  447  criminal history regardless of the date of commission of the
  448  underlying criminal charge. Such provisions are shall be applied
  449  retroactively and prospectively.
  450         Section 7. Subsection (1) of section 493.6120, Florida
  451  Statutes, is amended to read:
  452         493.6120 Violations; penalty.—
  453         (1) Any person who violates any provision of this chapter
  454  except ss. 493.6118(2) and s. 493.6405 commits a misdemeanor of
  455  the first degree, punishable as provided in s. 775.082 or s.
  456  775.083.
  457         Section 8. Subsection (3) of section 493.6121, Florida
  458  Statutes, is amended to read:
  459         493.6121 Enforcement; investigation.—
  460         (3) The department has shall have the authority to
  461  investigate a any licensed or unlicensed person, firm, company,
  462  partnership, or corporation when such person, firm, company,
  463  partnership, or corporation is advertising as providing or is
  464  engaged in performing services that which require licensure
  465  under this chapter or when a licensee is engaged in activities
  466  that which do not comply with or are prohibited by this chapter;
  467  and the department has shall have the authority to issue an
  468  order to cease and desist the further conduct of such
  469  activities, or seek an injunction, or take other appropriate
  470  action pursuant to s. 493.6118(3)(a) 493.6118(2)(a) or (c).
  471         Section 9. Paragraph (b) of subsection (1) and subsections
  472  (2) and (7) of section 496.405, Florida Statutes, are amended to
  473  read:
  474         496.405 Registration statements by charitable organizations
  475  and sponsors.—
  476         (1)
  477         (b) Any Changes in the information submitted on the initial
  478  registration statement or the last renewal statement must be
  479  updated annually on a renewal statement provided by the
  480  department on or before the date that marks one year after the
  481  date the department approved the initial registration statement
  482  as provided in this section. The department shall annually
  483  provide a renewal statement to each registrant by mail or by
  484  electronic mail at least 30 60 days before the renewal date.
  485         (2) The initial registration statement must be submitted on
  486  a form prescribed by the department, signed under oath by an
  487  authorized official the treasurer or chief fiscal officer of the
  488  charitable organization or sponsor who shall certify that the
  489  registration statement is true and correct, and include the
  490  following information or material:
  491         (a) A copy of the financial report or Internal Revenue
  492  Service Form 990 and all attached schedules, Schedule A or
  493  Internal Revenue Service Form 990-EZ and Schedule O, required
  494  under s. 496.407 for the immediately preceding fiscal year. A
  495  newly organized charitable organization or sponsor with no
  496  financial history must file a budget for the current fiscal
  497  year.
  498         (b) The name of the charitable organization or sponsor, the
  499  purpose for which it is organized, the name under which it
  500  intends to solicit contributions, and the purpose or purposes
  501  for which the contributions to be solicited will be used.
  502         (c) The name of the individuals or officers who are in
  503  charge of any solicitation activities.
  504         (d) A statement of whether:
  505         1. The charitable organization or sponsor is authorized by
  506  another any other state to solicit contributions;
  507         2. The charitable organization or sponsor or any of its
  508  officers, directors, trustees, or principal salaried executive
  509  personnel have been enjoined in any jurisdiction from soliciting
  510  contributions or have been found to have engaged in unlawful
  511  practices in the solicitation of contributions or administration
  512  of charitable assets;
  513         3. The charitable organization or sponsor has had its
  514  registration or authority denied, suspended, or revoked by a any
  515  governmental agency, together with the reasons for such denial,
  516  suspension, or revocation; and
  517         4. The charitable organization or sponsor has voluntarily
  518  entered into an assurance of voluntary compliance in any
  519  jurisdiction or agreement similar to that set forth in s.
  520  496.420, together with a copy of the that agreement.
  521         5. The charitable organization or sponsor or any of its
  522  officers, directors, trustees, or employees, regardless of
  523  adjudication, has been convicted of, or found guilty of, or pled
  524  guilty or nolo contendere to, or has been incarcerated within
  525  the last 10 years as a result of having previously been
  526  convicted of, or found guilty of, or pled guilty or nolo
  527  contendere to:,
  528         a.A Any felony or any crime involving fraud, theft,
  529  larceny, embezzlement, fraudulent conversion, misappropriation
  530  of property, or any crime arising from the conduct of a
  531  solicitation for a charitable organization or sponsor within the
  532  last 10 years and, if so, the name of such person, the nature of
  533  the offense, the date of the offense, the court having
  534  jurisdiction in the case, the date of conviction or other
  535  disposition, and the disposition of the offense.
  536         b.A crime involving fraud, theft, larceny, embezzlement,
  537  fraudulent conversion, misappropriation of property, or a crime
  538  enumerated in this section or resulting from acts committed
  539  while involved in the solicitation of contributions within the
  540  last 10 years and, if so, the name of such person, the nature of
  541  the offense, the date of the offense, the court having
  542  jurisdiction in the case, the date of conviction or other
  543  disposition, and the disposition of the offense.
  544         6. The charitable organization or sponsor or any of its
  545  officers, directors, trustees, or employees has been enjoined
  546  from violating a any law relating to a charitable solicitation,
  547  and, if so, the name of such person, the date of the injunction,
  548  and the court issuing the injunction.
  549         (e) The names, street addresses, and telephone numbers of a
  550  any professional solicitor, professional fundraising consultant,
  551  and commercial co-venturer who is acting or has agreed to act on
  552  behalf of the charitable organization or sponsor, together with
  553  a statement setting forth the specific terms of the arrangements
  554  for salaries, bonuses, commissions, expenses, or other
  555  remunerations to be paid the fundraising consultant and
  556  professional solicitor.
  557         (f) With initial registration only, a statement showing
  558  when and where the organization was established and the tax
  559  exempt status of the organization together with a copy of the
  560  any federal tax exemption determination letter. If the
  561  charitable organization or sponsor has not received a federal
  562  tax exemption determination letter at the time of initial
  563  registration, a copy of such determination must be filed with
  564  the department within 30 days after receipt of the determination
  565  by the charitable organization or sponsor. If the organization
  566  is subsequently notified by the Internal Revenue Service of a
  567  any challenge to its continued entitlement to federal tax
  568  exemption, the charitable organization or sponsor shall notify
  569  the department of this fact within 30 days after receipt.
  570         (g) The following information must be filed with the
  571  initial registration statement and must be updated when a any
  572  change occurs in the information that was previously filed with
  573  the initial registration statement:
  574         1. The principal street address and telephone number of the
  575  organization and the street address and telephone numbers of any
  576  offices in this state or, if the charitable organization or
  577  sponsor does not maintain an office in this state, the name,
  578  street address, and telephone number of the person who that has
  579  custody of its financial records. The parent organization that
  580  files a consolidated registration statement on behalf of its
  581  chapters, branches, or affiliates must additionally provide the
  582  street addresses and telephone numbers of all such locations in
  583  this state.
  584         2. The names and street addresses of the officers,
  585  directors, trustees, and the principal salaried executive
  586  personnel.
  587         3. The date when the charitable organization’s or sponsor’s
  588  fiscal year ends.
  589         4. A list or description of the major program activities.
  590         5. The names, street addresses, and telephone numbers of
  591  the individuals or officers who have final responsibility for
  592  the custody of the contributions and who will be responsible for
  593  the final distribution of the contributions.
  594         (7) The department must examine each initial registration
  595  statement or annual renewal statement and the supporting
  596  documents filed by a charitable organization or sponsor and
  597  shall determine whether the registration requirements are
  598  satisfied. Within 15 10 working days after its receipt of a
  599  statement, the department must examine the statement, notify the
  600  applicant of any apparent errors or omissions, and request any
  601  additional information the department is allowed by law to
  602  require. Failure to correct an error or omission or to supply
  603  additional information is not grounds for denial of the initial
  604  registration or annual renewal statement unless the department
  605  has notified the applicant within the 15 10-working-day period.
  606  The department must approve or deny each statement, or must
  607  notify the applicant that the activity for which she or he seeks
  608  registration is exempt from the registration requirement, within
  609  15 10 working days after receipt of the initial registration or
  610  annual renewal statement or the requested additional information
  611  or correction of errors or omissions. A Any statement that is
  612  not approved or denied within 15 10 working days after receipt
  613  of the requested additional information or correction of errors
  614  or omissions is approved. Within 7 working days after receipt of
  615  a notification that the registration requirements are not
  616  satisfied, the charitable organization or sponsor may request a
  617  hearing. The hearing must be held within 7 working days after
  618  receipt of the request, and the any recommended order, if one is
  619  issued, must be rendered within 3 working days of the hearing.
  620  The final order must then be issued within 2 working days after
  621  the recommended order. If a recommended order is not issued, the
  622  final order must be issued within 5 working days after the
  623  hearing. The proceedings must be conducted in accordance with
  624  chapter 120, except that the time limits and provisions set
  625  forth in this subsection prevail to the extent of any conflict.
  626         Section 10. Section 496.406, Florida Statutes, is amended
  627  to read:
  628         496.406 Exemption from registration.—The following
  629  charitable organizations and sponsors are exempt from the
  630  requirements of s. 496.405:
  631         (1) The following charitable organizations and sponsors are
  632  exempt from the requirements of s. 496.405:
  633         (a) A person who is soliciting for a named individual,
  634  provided that all the contributions collected without any
  635  deductions whatsoever are turned over to the beneficiary for her
  636  or his use and provided that the person has complied with the
  637  requirements of s. 496.413.
  638         (b)(2) A charitable organization or sponsor that which
  639  limits solicitation of contributions to the membership of the
  640  charitable organization or sponsor. For the purposes of this
  641  paragraph, the term “membership” does not include those persons
  642  who are granted a membership upon making a contribution as a
  643  result of a solicitation.
  644         (c)(3)A Any division, department, post, or chapter of a
  645  veterans’ service organization granted a federal charter under
  646  Title 36, United States Code.
  647         (d) Charitable organizations or sponsors that have less
  648  than $25,000 in total revenue during a fiscal year, if the
  649  fundraising activities of such organization or sponsor are
  650  carried on by volunteers, members, or officers who are not
  651  compensated and if no part of the assets or income of such
  652  organization or sponsor inures to the benefit of or is paid to
  653  an officer or member of such organization, sponsor, professional
  654  fundraising consultant, professional solicitor, or commercial
  655  co-venturer. If a charitable organization or sponsor that has
  656  less than $25,000 in total revenue during a fiscal year acquires
  657  total revenue in excess of that amount, the charitable
  658  organization or sponsor must register with the department as
  659  required by s. 496.405 within 30 days after the date the revenue
  660  reaches $25,000.
  661         (2) Before soliciting contributions, each charitable
  662  organization or sponsor under paragraph (1)(d) claiming to be
  663  exempt from the registration requirements specified in s.
  664  496.405 shall submit annually to the department, on forms
  665  prescribed by the department:
  666         (a) The name, address, and phone number of the charitable
  667  organization or sponsor, the name under which it intends to
  668  solicit contributions, the purpose for which it is organized,
  669  and the purpose or purposes for which the solicited
  670  contributions will be used.
  671         (b) The tax exempt status of the organization.
  672         (c) The date the organization’s fiscal year ends.
  673         (d) The names, street addresses, and telephone numbers of
  674  the individuals or officers who have final responsibility for
  675  the custody of the contributions and who will be responsible for
  676  the final distribution of the contributions.
  677         (e) A financial statement of support, revenue, and expenses
  678  and a statement of functional expenses which must include, but
  679  need not be limited to, expenses in the following categories:
  680  program, management and general, and fundraising. In lieu of the
  681  financial statement, a charitable organization or sponsor may
  682  submit a copy of its Internal Revenue Service Form 990 with
  683  attached schedules or 990-EZ with Schedule O.
  684         (3) A charitable organization or sponsor claiming to be
  685  exempt from the registration requirements of this chapter shall
  686  submit such information that the department may request to
  687  substantiate an exemption under this section. A charitable
  688  organization or sponsor that fails to submit evidence
  689  satisfactory to the department is not exempt from the
  690  requirements of this chapter. In any proceeding, the burden of
  691  proving an exemption is upon the organization or sponsor
  692  claiming the exemption.
  693         (4) Exemption from the registration requirements of s.
  694  496.405 does not limit the applicability of other provisions of
  695  this section to a charitable organization or sponsor.
  696         Section 11. Subsection (2) of section 496.407, Florida
  697  Statutes, is amended to read:
  698         496.407 Financial report.—
  699         (2) In lieu of the financial report described in subsection
  700  (1), a charitable organization or sponsor may submit a copy of
  701  its Internal Revenue Service Form 990 and all attached schedules
  702  Schedule A filed for the preceding fiscal year, or a copy of its
  703  Form 990-EZ and Schedule O filed for the preceding fiscal year.
  704         Section 12. Subsections (2), (3), and (6) of section
  705  496.409, Florida Statutes, are amended to read:
  706         496.409 Registration and duties of professional fundraising
  707  consultant.—
  708         (2) Applications for registration or renewal of
  709  registration must be submitted on a form prescribed by the
  710  department, signed by an authorized official of the professional
  711  fundraising consultant who shall certify that the report is true
  712  and correct under oath, and must include the following
  713  information:
  714         (a) The street address and telephone number of the
  715  principal place of business of the applicant and a any Florida
  716  street addresses if the principal place of business is located
  717  outside this state.
  718         (b) The form of the applicant’s business.
  719         (c) The names and residence addresses of all principals of
  720  the applicant, including all officers, directors, and owners.
  721         (d) Whether any of the owners, directors, officers, or
  722  employees of the applicant are related as parent, child, spouse,
  723  or sibling to any other directors, officers, owners, or
  724  employees of the applicant; to an any officer, director,
  725  trustee, or employee of a any charitable organization or sponsor
  726  under contract to the applicant; or to a any supplier or vendor
  727  providing goods or services to a any charitable organization or
  728  sponsor under contract to the applicant.
  729         (e) Whether the applicant or any of its officers,
  730  directors, trustees, or employees have, within the last 10
  731  years, regardless of adjudication, been convicted, or found
  732  guilty of, or pled guilty or nolo contendere to, or have been
  733  incarcerated within the last 10 years as a result of having
  734  previously been convicted of, or found guilty of, or pled guilty
  735  or nolo contendere to, a any felony and, if so, the name of such
  736  person, the nature of the offense, the date of the offense, the
  737  court having jurisdiction in the case, the date of conviction or
  738  other disposition, and the disposition of the offense.
  739         (f) Whether the applicant or any of its officers,
  740  directors, trustees, or employees have, regardless of
  741  adjudication, been convicted of, or found guilty of, or pled
  742  guilty or nolo contendere to, or have been incarcerated within
  743  the last 10 years as a result of having previously been
  744  convicted of, or found guilty of, or pled guilty or nolo
  745  contendere to, a crime within the last 10 years involving fraud,
  746  theft, larceny, embezzlement, fraudulent conversion, or
  747  misappropriation of property, or a any crime arising from the
  748  conduct of a solicitation for a charitable organization or
  749  sponsor and, if so, the name of such person, the nature of the
  750  offense, the date of the offense, the court having jurisdiction
  751  in the case, the date of conviction or other disposition, and
  752  the disposition of the offense.
  753         (g) Whether the applicant or any of its officers,
  754  directors, trustees, or employees have been enjoined from
  755  violating a any law relating to a charitable solicitation and,
  756  if so, the name of such person, the date of the injunction, and
  757  the court issuing the injunction.
  758         (3) The application for registration must be accompanied by
  759  a fee of $300. A professional fundraising consultant that which
  760  is a partnership or corporation may register for and pay a
  761  single fee on behalf of all of its partners, members, officers,
  762  directors, agents, and employees. In that case, the names and
  763  street addresses of all the officers, employees, and agents of
  764  the fundraising consultant and all other persons with whom the
  765  fundraising consultant has contracted to work under its
  766  direction must be listed in the application. Each registration
  767  is valid for 1 year or a part of 1 year and expires on March 31
  768  of each year. The registration may be renewed on or before March
  769  31 of each year for additional 1-year periods upon application
  770  to the department and payment of the registration fee.
  771         (6) The department shall examine each registration
  772  statement and supporting documents filed by a professional
  773  fundraising consultant and determine whether the registration
  774  requirements are satisfied. If the department determines that
  775  the registration requirements are not satisfied, the department
  776  must notify the professional fundraising consultant within 15 10
  777  working days after its receipt of the registration statement;
  778  otherwise the registration statement is approved. Within 7
  779  working days after receipt of a notification that the
  780  registration requirements are not satisfied, the applicant may
  781  request a hearing. The hearing must be held within 7 working
  782  days after receipt of the request, and the any recommended
  783  order, if one is issued, must be rendered within 3 working days
  784  after the hearing. The final order must then be issued within 2
  785  working days after the recommended order. If there is no
  786  recommended order, the final order must be issued within 5
  787  working days after the hearing. The proceedings must be
  788  conducted in accordance with chapter 120, except that the time
  789  limits and provisions set forth in this subsection prevail to
  790  the extent of any conflict.
  791         Section 13. Subsections (2), (3), (5), and (8) of section
  792  496.410, Florida Statutes, are amended to read:
  793         496.410 Registration and duties of professional
  794  solicitors.—
  795         (2) Applications for registration or renewal of
  796  registration must be submitted on a form prescribed by rule of
  797  the department, signed by an authorized official of the
  798  professional solicitor who shall certify that the report is true
  799  and correct under oath, and must include the following
  800  information:
  801         (a) The street address and telephone number of the
  802  principal place of business of the applicant and a any Florida
  803  street addresses if the principal place of business is located
  804  outside this state.
  805         (b) The form of the applicant’s business.
  806         (c) The place and date when the applicant, if other than an
  807  individual, was legally established.
  808         (d) The names and residence addresses of all principals of
  809  the applicant, including all officers, directors, and owners.
  810         (e) A statement as to whether any of the owners, directors,
  811  officers, or employees of the applicant are related as parent,
  812  spouse, child, or sibling to any other directors, officers,
  813  owners, or employees of the applicant; to an any officer,
  814  director, trustee, or employee of a any charitable organization
  815  or sponsor under contract to the applicant; or to a any supplier
  816  or vendor providing goods or services to a any charitable
  817  organization or sponsor under contract to the applicant.
  818         (f) A statement as to whether the applicant or any of its
  819  directors, officers, trustees, persons with a controlling
  820  interest in the applicant, or employees or agents involved in
  821  solicitation have, within the last 10 years, regardless of
  822  adjudication, been convicted of, or found guilty of, or pled
  823  guilty or nolo contendere to, or have been incarcerated within
  824  the last 10 years as a result of having previously been
  825  convicted of, or found guilty of, or pled guilty or nolo
  826  contendere to, a any felony and, if so, the name of such person,
  827  the nature of the offense, the date of the offense, the court
  828  having jurisdiction in the case, the date of conviction or other
  829  disposition, and the disposition of the offense.
  830         (g) A statement as to whether the applicant or any of its
  831  directors, officers, trustees, persons with a controlling
  832  interest in the applicant, or employees or agents involved in
  833  solicitation have, regardless of adjudication, been convicted
  834  of, or found guilty of, or pled guilty or nolo contendere to, or
  835  have been incarcerated within the last 10 years as a result of
  836  having previously been convicted of, or found guilty of, or pled
  837  guilty or nolo contendere to, a crime within the last 10 years
  838  involving fraud, theft, larceny, embezzlement, fraudulent
  839  conversion, or misappropriation of property, or a any crime
  840  arising from the conduct of a solicitation for a charitable
  841  organization or sponsor and, if so, the name of such person, the
  842  nature of the offense, the date of the offense, the court having
  843  jurisdiction in the case, the date of conviction or other
  844  disposition, and the disposition of the offense.
  845         (h) A statement as to whether the applicant or any of its
  846  directors, officers, trustees, persons with a controlling
  847  interest in the applicant, or employees or agents involved in
  848  solicitation have been enjoined from violating a any law
  849  relating to a charitable solicitation and, if so, the name of
  850  such person, the date of the injunction, and the court issuing
  851  the injunction.
  852         (i) The names of all persons in charge of any solicitation
  853  activity.
  854         (3) The application for registration must be accompanied by
  855  a fee of $300. A professional solicitor that is a partnership or
  856  corporation may register for and pay a single fee on behalf of
  857  all of its partners, members, officers, directors, agents, and
  858  employees. In that case, the names and street addresses of all
  859  the officers, employees, and agents of the professional
  860  solicitor and all other persons with whom the professional
  861  solicitor has contracted to work under its direction, including
  862  solicitors, must be listed in the application or furnished to
  863  the department within 5 days after the date of employment or
  864  contractual arrangement. Each registration is valid for 1 year
  865  or a part of 1 year and expires on March 31 of each year. The
  866  registration may be renewed on or before March 31 of each year
  867  for an additional 1-year period upon application to the
  868  department and payment of the registration fee.
  869         (5) The department must examine each registration statement
  870  and supporting documents filed by a professional solicitor. If
  871  the department determines that the registration requirements are
  872  not satisfied, the department must notify the professional
  873  solicitor within 15 10 working days after its receipt of the
  874  registration statement; otherwise the registration statement is
  875  approved. Within 7 working days after receipt of a notification
  876  that the registration requirements are not satisfied, the
  877  applicant may request a hearing. The hearing must be held within
  878  7 working days after receipt of the request, and the any
  879  recommended order, if one is issued, must be rendered within 3
  880  working days after the hearing. The final order must then be
  881  issued within 2 working days after the recommended order. If
  882  there is no recommended order, the final order must be issued
  883  within 5 working days after the hearing. The proceedings must be
  884  conducted in accordance with chapter 120, except that the time
  885  limits and provisions set forth in this subsection prevail to
  886  the extent of any conflict.
  887         (8) Within 45 90 days after a solicitation campaign has
  888  been completed and within 45 days after on the anniversary of
  889  the commencement of a solicitation campaign lasting more than 1
  890  year, the professional solicitor must provide to the charitable
  891  organization or sponsor and file with the department a financial
  892  report of the campaign, including the gross revenue received and
  893  an itemization of all expenses incurred. The report must be
  894  completed on a form prescribed by the department and signed by
  895  an authorized official of the professional solicitor who shall
  896  certify under oath that the report is true and correct.
  897         Section 14. Subsections (3) and (6) of section 496.411,
  898  Florida Statutes, are amended to read:
  899         496.411 Disclosure requirements and duties of charitable
  900  organizations and sponsors.—
  901         (3) Every charitable organization or sponsor that which is
  902  required to register under s. 496.405 must conspicuously display
  903  in capital letters the following statement on every printed
  904  solicitation, written confirmation, receipt, or reminder of a
  905  contribution:
  906         (a) Its registration number; and
  907         (b) The following statement written in capital letters
  908  which must include a toll-free telephone number for the division
  909  which can be used to obtain the registration information:
  910  
  911         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
  912         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
  913         CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE
  914         STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT,
  915         APPROVAL, OR RECOMMENDATION BY THE STATE.”
  916  
  917  If The statement must include a toll-free number for the
  918  division that can be used to obtain the registration
  919  information. When the solicitation consists of more than a
  920  single item one piece, the registration number and statement
  921  must be displayed prominently in the solicitation materials.
  922         (6) Each charitable organization or sponsor that is
  923  required to register under s. 496.405 shall conspicuously
  924  display the following information on every printed solicitation,
  925  written confirmation, receipt, or reminder of a contribution:
  926         (a) The organization’s or sponsor’s registration number
  927  issued by the department under this chapter.
  928         (b) The percentage, if any, of each contribution that is
  929  retained by any professional solicitor that has contracted with
  930  the organization or sponsor.
  931         (c) The percentage of each contribution that is received by
  932  the organization or sponsor.
  933  
  934  If the solicitation consists of more than a single item, the
  935  statement shall be displayed prominently in the solicitation
  936  materials.
  937         Section 15. Subsection (2) of section 496.415, Florida
  938  Statutes, is amended to read:
  939         496.415 Prohibited acts.—It is unlawful for any person in
  940  connection with the planning, conduct, or execution of any
  941  solicitation or charitable or sponsor sales promotion to:
  942         (2) Knowingly file false, or misleading, or inaccurate
  943  information in a any document required to be filed with the
  944  department, provided to the public, or in response to a any
  945  request or investigation by the department, the Department of
  946  Legal Affairs, or the State Attorney.
  947         Section 16. Present subsections (4) through (9) of section
  948  496.419, Florida Statutes, are redesignated as subsections (5)
  949  through (10), respectively, a new subsection (4) is added to
  950  that section, and present subsections (4) through (9) are
  951  amended, to read:
  952         496.419 Powers of the department.—
  953         (4) A violation of s. 496.415(3), (5), (6), (10), (12),
  954  (13), or (14) constitutes an immediate threat to the public
  955  health, safety, and welfare and is sufficient grounds for the
  956  department to issue an immediate order to cease and desist all
  957  solicitation activities. The order acts as an immediate final
  958  order under s. 120.569(2)(n) and shall remain in effect until
  959  the violation has been remedied pursuant to this part.
  960         (5)(4) The department may enter an order imposing one or
  961  more of the penalties set forth in subsection (6) (5) if the
  962  department finds that a charitable organization, sponsor,
  963  professional fundraising consultant, or professional solicitor,
  964  or an agent, servant, or employee thereof has:
  965         (a) Violated or is operating in violation of any of the
  966  provisions of ss. 496.401-496.424 or s. 496.426 or of the rules
  967  adopted or orders issued thereunder;
  968         (b) Made a material false statement in an application,
  969  statement, or report required to be filed under ss. 496.401
  970  496.424 or s. 496.426;
  971         (c) Refused or failed, or any of its principal officers has
  972  refused or failed, after notice, to produce the any records of
  973  such organization or to disclose any information required to be
  974  disclosed under ss. 496.401-496.424 or s. 496.426 or the rules
  975  of the department; or
  976         (d) Made a material false statement in response to a any
  977  request or investigation by the department, the Department of
  978  Legal Affairs, or the State Attorney.
  979         (6)(5) Upon a finding as set forth in subsection (5) (4),
  980  the department may enter an order doing one or more of the
  981  following:
  982         (a) Issuing a notice of noncompliance pursuant to s.
  983  120.695;
  984         (b) Issuing a cease and desist order that directs that the
  985  person cease and desist specified fundraising activities;
  986         (c) Refusing to register or canceling or suspending a
  987  registration;
  988         (d) Placing the registrant on probation for a period of
  989  time, subject to such conditions as the department may specify;
  990         (e) Canceling an exemption granted under s. 496.406; and
  991         (f) Imposing an administrative fine not to exceed $1,000
  992  for each act or omission that which constitutes a violation of
  993  ss. 496.401-496.424 or s. 496.426 or a rule or order.
  994  
  995  With respect to a s. 501(c)(3) organization, the penalty imposed
  996  pursuant to this subsection may shall not exceed $500 per
  997  violation. The penalty is shall be the entire amount per
  998  violation and may is not to be interpreted as a daily penalty.
  999         (7)(6) Except as otherwise provided in this section, the
 1000  administrative proceedings that could result in the entry of an
 1001  order imposing any of the penalties specified in subsection (6)
 1002  (5) are governed by chapter 120, except that the applicable
 1003  provisions and time limits specified in s. 496.405(7), s.
 1004  496.409(6), or s. 496.410(5) apply if the department determines
 1005  that a registration should be refused.
 1006         (8)(7) The department may forward an investigative report
 1007  and supporting documentation of an any investigation conducted
 1008  pursuant to this section to the Department of Legal Affairs. The
 1009  report must identify proposed any administrative actions or
 1010  actions that are proposed or have been commenced by the
 1011  department in accordance with subsection (5) (4).
 1012         (9)(8) The department shall report a any substantiated
 1013  criminal violation of ss. 496.401-496.424 or s. 496.426 to the
 1014  proper prosecuting authority for prompt prosecution.
 1015         (10)(9) All fines collected by the department under
 1016  subsection (6) (5) must be paid into the General Inspection
 1017  Trust Fund.
 1018         Section 17. Subsections (1), (2), and (4) of section
 1019  501.016, Florida Statutes, are amended to read:
 1020         501.016 Health studios; security requirements.—Each health
 1021  studio that sells contracts for health studio services shall
 1022  meet the following requirements:
 1023         (1) Each health studio shall maintain for each separate
 1024  business location a bond issued by a surety company admitted to
 1025  do business in this state. The principal sum of the bond must be
 1026  $25,000 shall be $50,000, and the bond, when required, shall be
 1027  obtained before a business tax receipt may be issued under
 1028  chapter 205. Upon issuance of a business tax receipt, the
 1029  licensing authority shall immediately notify the department of
 1030  such issuance in a manner established by the department by rule.
 1031  The bond shall be in favor of the state for the benefit of any
 1032  person injured as a result of a violation of ss. 501.012
 1033  501.019. The aggregate liability of the surety to all persons
 1034  for all breaches of the conditions of such the bonds may not
 1035  provided herein shall in no event exceed the amount of the bond.
 1036  The original surety bond required by this section shall be filed
 1037  with the department.
 1038         (2) In lieu of maintaining the bond required in subsection
 1039  (1), the health studio may furnish to the department:
 1040         (a) An irrevocable letter of credit from a any foreign or
 1041  domestic bank in the amount of $25,000 $50,000; or
 1042         (b) A guaranty agreement that which is secured by a
 1043  certificate of deposit in the amount of $25,000 $50,000.
 1044  
 1045  The original letter of credit or certificate of deposit
 1046  submitted in lieu of the bond shall be filed with the
 1047  department. The department shall determine decide whether the
 1048  security furnished in lieu of bond by the health studio is in
 1049  compliance with the requirements of this section.
 1050         (4) If the health studio furnishes the department with
 1051  evidence satisfactory to the department that the aggregate
 1052  dollar amount of all current outstanding contracts of the health
 1053  studio is less than $5,000, the department may, at its
 1054  discretion, reduce the principal amount of the surety bond or
 1055  other sufficient financial responsibility required in
 1056  subsections (1) and (2) to a sum of not less than $10,000.
 1057  However, the health studio shall notify the department at any
 1058  time the aggregate dollar amount of such contracts exceeds
 1059  $5,000, the health studio shall so notify the department and
 1060  shall thereupon provide the bond or other documentation as
 1061  required in subsections (1) and (2). Health studios whose bonds
 1062  have been reduced must provide the department with an annually
 1063  updated list of members. The department shall raise the security
 1064  requirement to $25,000 for a health studio that fails Failure to
 1065  file an annual report will result in the department raising the
 1066  security requirement to $50,000.
 1067         Section 18. Subsection (4) of section 501.059, Florida
 1068  Statutes, is amended to read:
 1069         501.059 Telephone solicitation.—
 1070         (4)(a)A No telephone solicitor may not shall make or cause
 1071  to be made any unsolicited telephonic sales call to a any
 1072  residential, mobile, or telephonic paging device telephone
 1073  number if the number for that telephone appears in the then
 1074  current quarterly listing published by the department. A Any
 1075  telephone solicitor or person who offers for sale any consumer
 1076  information that which includes residential, mobile, or
 1077  telephonic paging device telephone numbers, except directory
 1078  assistance and telephone directories sold by telephone companies
 1079  and organizations exempt under s. 501(c)(3) or (6) of the
 1080  Internal Revenue Code, shall screen and exclude those numbers
 1081  that which appear on the division’s then-current “no sales
 1082  solicitation calls” list. This subsection does not apply to a
 1083  any person licensed pursuant to chapter 475 who calls an actual
 1084  or prospective seller or lessor of real property when such call
 1085  is made in response to a yard sign or other form of
 1086  advertisement placed by the seller or lessor.
 1087         (b) A person is in violation of this subsection if the
 1088  person initiates an outbound telephonic sales call to a consumer
 1089  who has previously communicated to the telephone solicitor that
 1090  he or she does not wish to receive an outbound telephone call:
 1091         1. Made by or on behalf of the seller whose goods or
 1092  services are being offered; or
 1093         2. Made by or on behalf of a charitable organization for
 1094  which a charitable contribution is being solicited.
 1095         Section 19. Subsections (1) and (2) of section 501.603,
 1096  Florida Statutes, are amended to read:
 1097         501.603 Definitions.—As used in this part, unless the
 1098  context otherwise requires, the term:
 1099         (1) “Commercial telephone solicitation” means:
 1100         (a) An unsolicited telephone call to a person initiated by
 1101  a commercial telephone seller or salesperson, or an automated
 1102  dialing machine used in accordance with the provisions of s.
 1103  501.059(7) for the purpose of inducing the person to purchase or
 1104  invest in consumer goods or services;
 1105         (b) Other communication with a person where:
 1106         1. A gift, award, or prize is offered; or
 1107         2. A telephone call response is invited; and
 1108         3. The salesperson intends to complete a sale or enter into
 1109  an agreement to purchase or invest in consumer goods or services
 1110  during the course of the telephone call; or
 1111         (c) Other communication with a person which represents a
 1112  price, quality, or availability of consumer goods or services
 1113  and which invites a response by telephone or which is followed
 1114  by a call to the person by a salesperson.
 1115  
 1116  For purposes of this section, “other communication” means a
 1117  written or oral notification or advertisement transmitted
 1118  through any means. Also, for purposes of this section, “invites
 1119  a response by telephone” does not mean the mere listing or
 1120  including of a telephone number in a notification or
 1121  advertisement.
 1122         (2) “Commercial telephone seller” means a any person who
 1123  engages in commercial telephone solicitation on his or her own
 1124  behalf or through salespersons, except that a commercial
 1125  telephone seller does not include any of the persons or entities
 1126  operating under a properly filed and valid affidavit of
 1127  exemption pursuant to exempted from this part by s. 501.604. A
 1128  commercial telephone seller does not include a salesperson as
 1129  defined in subsection (10). A commercial telephone seller
 1130  includes, but is not limited to, owners, operators, officers,
 1131  directors, partners, or other individuals engaged in the
 1132  management activities of a business entity pursuant to this
 1133  part.
 1134         Section 20. Subsections (4), (7), (10), (14), and (24) of
 1135  section 501.604, Florida Statutes, are amended to read:
 1136         501.604 Exemptions.—The provisions of this part, except ss.
 1137  501.608 and 501.616(6) and (7), do not apply to:
 1138         (4) A Any licensed securities, commodities, or investment
 1139  broker, dealer, or investment adviser, when soliciting within
 1140  the scope of his or her license, or a any licensed associated
 1141  person of a securities, commodities, or investment broker,
 1142  dealer, or investment adviser, when soliciting within the scope
 1143  of his or her license. As used in this section, “licensed
 1144  securities, commodities, or investment broker, dealer, or
 1145  investment adviser” means a person subject to license or
 1146  registration as such by the Securities and Exchange Commission,
 1147  by the Financial Industry Regulatory Authority National
 1148  Association of Securities Dealers or other self-regulatory
 1149  organization as defined by the Securities Exchange Act of 1934,
 1150  15 U.S.C. s. 78l, or by an official or agency of this or another
 1151  state or of any state of the United States. As used in this
 1152  section, “licensed associated person of a securities,
 1153  commodities, or investment broker, dealer, or investment
 1154  adviser” means an any associated person registered or licensed
 1155  by the Financial Industry Regulatory Authority National
 1156  Association of Securities Dealers or other self-regulatory
 1157  organization as defined by the Securities Exchange Act of 1934,
 1158  15 U.S.C. s. 78l, or by an official or agency of this or another
 1159  state or of any state of the United States.
 1160         (7) A Any supervised financial institution or parent,
 1161  subsidiary, or affiliate thereof operating within the scope of
 1162  the supervised activity. As used in this section, “supervised
 1163  financial institution” means a any commercial bank, trust
 1164  company, savings and loan association, mutual savings bank,
 1165  credit union, industrial loan company, consumer finance lender,
 1166  commercial finance lender, or insurer, provided that the
 1167  institution is subject to supervision by an official or agency
 1168  of this state, of any state, or of the United States. For the
 1169  purposes of this exemption, “affiliate” means a person who
 1170  directly, or indirectly through one or more intermediaries,
 1171  controls or is controlled by, or is under common control with, a
 1172  supervised financial institution.
 1173         (10) A business-to-business sale where:
 1174         (a) The commercial telephone seller has been lawfully
 1175  operating continuously for at least 3 years under the same
 1176  business name and has at least 50 percent of its dollar volume
 1177  consisting of repeat sales to existing businesses;
 1178         (b) The purchaser business intends to resell or offer for
 1179  purposes of advertisement or as a promotional item the property
 1180  or goods purchased; or
 1181         (c) The purchaser business intends to use the property or
 1182  goods purchased in a recycling, reuse, remanufacturing, or
 1183  manufacturing process.
 1184         (14) A telephone company subject to the provisions of
 1185  chapter 364, or affiliate thereof or its agents, or a
 1186  telecommunications business that which is regulated by the
 1187  Florida Public Service Commission, or a Federal Communications
 1188  Commission licensed cellular telephone company or other bona
 1189  fide radio telecommunication services provider. For the purposes
 1190  of this exemption, “affiliate” means a person who directly, or
 1191  indirectly through one or more intermediaries, controls or is
 1192  controlled by, or is under common control with, a telephone
 1193  company subject to the provisions of chapter 364.
 1194         (24) An entity that Any person which has been lawfully
 1195  providing telemarketing sales services continuously for at least
 1196  5 years under the same ownership and control and that which
 1197  derives 75 percent of its gross telemarketing sales revenues
 1198  from contracts with persons exempted in this section.
 1199         Section 21. Present paragraphs (c) through (h) of
 1200  subsection (1) of section 501.607, Florida Statutes, are
 1201  redesignated as paragraphs (b) through (g), respectively, and
 1202  present paragraph (b) of subsection (1) of that section is
 1203  amended, to read:
 1204         501.607 Licensure of salespersons.—
 1205         (1) An applicant for a license as a salesperson must submit
 1206  to the department, in such form as it prescribes, a written
 1207  application for a license. The application must set forth the
 1208  following information:
 1209         (b) Each business or occupation engaged in by the applicant
 1210  during the 3 years immediately preceding the date of the
 1211  application, and the location thereof.
 1212         Section 22. Paragraph (b) of subsection (1) and subsections
 1213  (2) and (3) of section 501.608, Florida Statutes, are amended to
 1214  read:
 1215         501.608 License or affidavit of exemption; occupational
 1216  license.—
 1217         (1)
 1218         (b) A Any commercial telephone seller that claims claiming
 1219  to be exempt from the act under s. 501.604(2), (3), (5), (6),
 1220  (9), (10), (11), (12), (17), (21), (22), (24), or (26) must file
 1221  with the department a notarized affidavit of exemption. The
 1222  affidavit of exemption must be on forms prescribed by the
 1223  department and must require the name of the commercial telephone
 1224  seller, the name of the business, and the business address. A
 1225  Any commercial telephone seller that maintains maintaining more
 1226  than one business may file a single notarized affidavit of
 1227  exemption that clearly indicates the location of each place of
 1228  business. If a change of ownership occurs, the commercial
 1229  telephone seller must notify the department. At the request of
 1230  the department, the commercial telephone seller shall provide
 1231  sales scripts, contracts, and other documentation in order to
 1232  determine if the affidavit of exemption is appropriate before
 1233  accepting such affidavit for filing.
 1234         (2) Each licensee or person operating under a valid and
 1235  appropriately filed exemption claiming an exemption shall
 1236  prominently display his or her license or a copy of his or her
 1237  receipt of filing of the affidavit of exemption at each location
 1238  where he or she does business. Each licensee or person claiming
 1239  an exemption shall make the license or the receipt of filing
 1240  copy of the affidavit of exemption available for inspection upon
 1241  request by a by any governmental agency upon request.
 1242         (3) Failure to obtain or display a license or a copy of the
 1243  receipt of filing of an affidavit of exemption is sufficient
 1244  grounds for the department to issue an immediate cease and
 1245  desist order, which acts shall act as an immediate final order
 1246  under s. 120.569(2)(n). The order shall may remain in effect
 1247  until the commercial telephone seller or a person claiming to be
 1248  exempt shows the authorities that he or she is properly licensed
 1249  or exempt. The department may order the business to cease
 1250  operations and shall order the phones to be shut off. Failure of
 1251  a salesperson to display a license or the receipt of filing of
 1252  an affidavit of exemption may result in the salesperson being
 1253  summarily ordered by the department to leave the office until he
 1254  or she can produce a license or a receipt of filing of an
 1255  affidavit of exemption for the department.
 1256         Section 23. Subsection (3) of section 501.611, Florida
 1257  Statutes, is amended to read:
 1258         501.611 Security.—
 1259         (3) The bond shall be posted with the department and must
 1260  remain in force throughout the period of licensure with the
 1261  department.
 1262         Section 24. Subsection (12) of section 501.615, Florida
 1263  Statutes, is amended to read:
 1264         501.615 Written contract; cancellation; refund.—
 1265         (12) A sale in which the consumer is given a full refund
 1266  for the return of undamaged and unused goods or in which a
 1267  cancellation of services notice is given to the seller within 7
 1268  days after the date of the sale is exempt from the requirements
 1269  of subsections (1)-(5). A commercial telephone seller or
 1270  salesperson engaged in activity regulated by chapter 721 must
 1271  comply with s. 721.205 Exempt from the requirements of
 1272  subsections (1)-(5) is any sale in which the consumer is given a
 1273  full refund for the return of undamaged and unused goods or a
 1274  cancellation of services notice is given to the seller, within 7
 1275  days after receipt of the goods or services by the consumer, and
 1276  the seller shall process the refund within 30 days after receipt
 1277  of the returned merchandise by the consumer.
 1278         Section 25. Subsection (1) of section 501.617, Florida
 1279  Statutes, is amended to read:
 1280         501.617 Investigative powers of enforcing authority.—
 1281         (1) If, by her or his own inquiries or as a result of
 1282  complaints, the enforcing authority has reason to believe that a
 1283  person has engaged in, or is engaging in, an act or practice
 1284  that violates the provisions of this part, she or he may
 1285  administer oaths and affirmations, subpoena witnesses or matter,
 1286  conduct regulatory inspections, and collect evidence. Within 10
 1287  days after the service of a subpoena or at any time before the
 1288  return date specified therein, whichever is longer, the party
 1289  served may file in the circuit court in the county in which she
 1290  or he resides or in which she or he transacts business and serve
 1291  upon the enforcing authority a petition for an order modifying
 1292  or setting aside the subpoena. The petitioner may raise an any
 1293  objection or privilege that which would be available under this
 1294  part or upon service of such subpoena in a civil action. The
 1295  subpoena must shall inform the party served of her or his rights
 1296  under this subsection.
 1297         Section 26. Subsection (10) is added to section 507.03,
 1298  Florida Statutes, to read:
 1299         507.03 Registration.—
 1300         (10) Upon the request of the department, each moving broker
 1301  shall provide a complete list of the movers it has contracted or
 1302  affiliated with, advertises on behalf of, arranges moves for, or
 1303  to which it refers shippers. Such list, at a minimum, must
 1304  include the mover’s complete name, address, telephone number,
 1305  email address, and name of the owner or other principal.
 1306         Section 27. Paragraph (b) of subsection (1) of section
 1307  507.04, Florida Statutes, is amended to read:
 1308         507.04 Required insurance coverages; liability limitations;
 1309  valuation coverage.—
 1310         (1) LIABILITY INSURANCE.—
 1311         (b) A mover that operates two or fewer vehicles, in lieu of
 1312  maintaining the liability insurance coverage required under
 1313  paragraph (a), may, and each moving broker must, maintain one of
 1314  the following alternative coverages:
 1315         1. A performance bond in the amount of $25,000, for which
 1316  the surety of the bond must be a surety company authorized to
 1317  conduct business in this state; or
 1318         2. A certificate of deposit in a Florida banking
 1319  institution in the amount of $25,000.
 1320  
 1321  The original bond or certificate of deposit must be filed with
 1322  the department and must designate the department as the sole
 1323  beneficiary. The department must use the bond or certificate of
 1324  deposit exclusively for the payment of claims to consumers who
 1325  are injured by the fraud, misrepresentation, breach of contract,
 1326  misfeasance, malfeasance, or financial failure of the mover or
 1327  moving broker or by a violation of this chapter by the mover or
 1328  broker. Liability for these injuries may be determined in an
 1329  administrative proceeding of the department or through a civil
 1330  action in a court of competent jurisdiction. However, claims
 1331  against the bond or certificate of deposit must only be paid, in
 1332  amounts not to exceed the determined liability for these
 1333  injuries, only by order of the department in an administrative
 1334  proceeding. The bond or certificate of deposit is subject to
 1335  successive claims, but the aggregate amount of these claims may
 1336  not exceed the amount of the bond or certificate of deposit.
 1337         Section 28. Subsections (7) and (8) are added to section
 1338  507.07, Florida Statutes, to read:
 1339         507.07 Violations.—It is a violation of this chapter to:
 1340         (7) Conduct business as a moving broker, advertise to
 1341  engage in the business of a moving broker, or offer to perform a
 1342  move through a subcontract or agreement with a mover who is not
 1343  registered with the department under this part.
 1344         (8) Conduct business as a mover, advertise to engage in the
 1345  business of moving, or offer to perform a move through a
 1346  subcontract or agreement with a moving broker who is not
 1347  registered with the department pursuant to the provisions on
 1348  this part.
 1349         Section 29. Paragraph (c) of subsection (1) of section
 1350  525.01, Florida Statutes, is amended to read:
 1351         525.01 Gasoline and oil to be inspected.—
 1352         (1) For the purpose of this chapter:
 1353         (c) “Alternative fuel” means:
 1354         1. Methanol, denatured ethanol, or other alcohols;
 1355         2. Mixtures of gasoline or other fuels with methanol,
 1356  denatured ethanol, or other alcohols Mixtures containing 85
 1357  percent or more by volume of methanol, denatured ethanol, or
 1358  other alcohols with gasoline or other fuels, or such other
 1359  percentage, but not less than 70 percent, as determined by the
 1360  department by rule, to provide for requirements relating to cold
 1361  start, safety, or vehicle functions;
 1362         3. Hydrogen;
 1363         4. Coal-derived liquid fuels; and
 1364         5. Fuels, other than alcohol, derived from biological
 1365  materials.
 1366         Section 30. Subsections (2) through (4) of section 525.09,
 1367  Florida Statutes, are repealed.
 1368         Section 31. Section 525.10, Florida Statutes, is amended to
 1369  read:
 1370         525.10 Moneys to be paid into State Treasury; Payment of
 1371  expenses.—All moneys payable under this chapter shall be payable
 1372  to the department and shall be paid by it into the State
 1373  Treasury monthly to be deposited into the General Inspection
 1374  Trust Fund. All expenses incurred in the enforcement of this
 1375  chapter and other inspection laws of this state for which fees
 1376  or taxes are collected, including acquiring equipment and other
 1377  property, shall be paid from the General Inspection Trust Fund.
 1378  No money may shall be paid to an any inspector or employee
 1379  created under this chapter except from the funds collected from
 1380  the administration of this chapter.
 1381         Section 32. Present subsections (3) and (4) of section
 1382  525.16, Florida Statutes, are renumbered as subsections (4) and
 1383  (5), respectively, and a new subsection (3) is added to that
 1384  section, to read:
 1385         525.16 Administrative fine; penalties; prosecution of cases
 1386  by state attorney.—
 1387         (3) Entities that sell, offer for sale, distribute, or
 1388  offer for distribution petroleum or alternative fuels shall
 1389  ensure that their activities result in petroleum fuels that meet
 1390  all requirements and standards adopted under s 525.14. A
 1391  terminal supplier, wholesaler, or blender licensed under chapter
 1392  206 is not liable for injuries or damages resulting from the
 1393  subsequent blending of petroleum or alternative fuels occurring
 1394  after the transfer of ownership of such fuels from the terminal
 1395  supplier, wholesaler, or blender if the petroleum or alternative
 1396  fuels used to make the petroleum fuel at issue met the standards
 1397  and requirements adopted by rule of the department under s.
 1398  525.14 while under ownership of the terminal supplier,
 1399  wholesaler, or blender.
 1400         Section 33. Present subsection (7) of section 526.141,
 1401  Florida Statutes, is renumbered as subsection (8), and a new
 1402  subsection (7) is added to that section, to read:
 1403         526.141 Self-service gasoline stations; attendants;
 1404  regulations.—
 1405         (7) A refiner, terminal supplier, wholesaler, or retailer
 1406  is not liable for damages caused by the use of incompatible
 1407  motor fuel dispensed at a retail site if:
 1408         (a) The incompatible fuel meets the standards adopted under
 1409  s. 525.14;
 1410         (b) The incompatible fuel is selected by the purchaser; and
 1411         (c) The retail dispenser from which the incompatible fuel
 1412  is dispensed was properly labeled with regard to the
 1413  incompatible fuel pursuant to labeling requirements adopted
 1414  under s. 525.14.
 1415         Section 34. Subsection (20) is added to section 527.01,
 1416  Florida Statutes, to read:
 1417         527.01 Definitions.—As used in this chapter:
 1418         (20) “License year” means the period from either September
 1419  1 through the following August 31, or April 1 through the
 1420  following March 31, depending upon the type of license.
 1421         Section 35. Subsections (1) and (3) and paragraphs (a) and
 1422  (c) of subsection (5) of section 527.0201, Florida Statutes, are
 1423  amended to read:
 1424         527.0201 Qualifiers; master qualifiers; examinations.—
 1425         (1) In addition to the requirements of s. 527.02, a any
 1426  person applying for a license to engage in the activities of a
 1427  pipeline system operator, category I liquefied petroleum gas
 1428  dealer, category II liquefied petroleum gas dispenser, category
 1429  IV liquefied petroleum gas dispenser and recreational vehicle
 1430  servicer, category V liquefied petroleum gases dealer for
 1431  industrial uses only, LP gas installer, specialty installer,
 1432  requalifier requalification of cylinders, or fabricator,
 1433  repairer, and tester of vehicles and cargo tanks must prove
 1434  competency by passing a written examination administered by the
 1435  department or its agent with a grade of at least 75 percent in
 1436  each area tested or above. Each applicant for examination shall
 1437  submit a $20 nonrefundable fee. The department shall by rule
 1438  specify the general areas of competency to be covered by each
 1439  examination and the relative weight to be assigned in grading
 1440  each area tested.
 1441         (3) Qualifier cards issued to category I liquefied
 1442  petroleum gas dealers and liquefied petroleum gas installers
 1443  shall expire 3 years after the date of issuance. All category I
 1444  liquefied petroleum gas dealer qualifiers and liquefied
 1445  petroleum gas installer qualifiers holding a valid qualifier
 1446  card upon the effective date of this act shall retain their
 1447  qualifier status until July 1, 2003, and may sit for the master
 1448  qualifier examination at any time during that time period. All
 1449  such category I liquefied petroleum gas dealer qualifiers and
 1450  liquefied petroleum gas installer qualifiers may renew their
 1451  qualification on or before July 1, 2003, upon application to the
 1452  department, payment of a $20 renewal fee, and documentation of
 1453  the completion of a minimum of 16 12 hours approved continuing
 1454  education courses, as defined by department rule, during the
 1455  previous 3-year period. Applications for renewal must be made 30
 1456  calendar days before prior to expiration. Persons failing to
 1457  renew before prior to the expiration date must reapply and take
 1458  a qualifier competency examination in order to reestablish
 1459  category I liquefied petroleum gas dealer qualifier and
 1460  liquefied petroleum gas installer qualifier status. If a
 1461  category I liquefied petroleum gas qualifier or liquefied
 1462  petroleum gas installer qualifier becomes a master qualifier at
 1463  any time during the effective date of the qualifier card, the
 1464  card remains shall remain in effect until expiration of the
 1465  master qualifier certification.
 1466         (5) In addition to all other licensing requirements, each
 1467  category I liquefied petroleum gas dealer and liquefied
 1468  petroleum gas installer must, at the time of application for
 1469  licensure, identify to the department one master qualifier who
 1470  is a full-time employee at the licensed location. The master
 1471  qualifier must This person shall be a manager, owner, or
 1472  otherwise primarily responsible for overseeing the operations of
 1473  the licensed location and must provide documentation to the
 1474  department as provided by rule. The master qualifier requirement
 1475  is shall be in addition to the requirements of subsection (1).
 1476         (a) In order to apply for certification as a master
 1477  qualifier, each applicant must be a category I liquefied
 1478  petroleum gas dealer qualifier or liquefied petroleum gas
 1479  installer qualifier, must be employed by a licensed category I
 1480  liquefied petroleum gas dealer, liquefied petroleum gas
 1481  installer, or applicant for such license, must provide
 1482  documentation of a minimum of 1 year’s work experience in the
 1483  gas industry, and must pass a master qualifier competency
 1484  examination. Master qualifier examinations shall be based on
 1485  Florida’s laws, rules, and adopted codes governing liquefied
 1486  petroleum gas safety, general industry safety standards, and
 1487  administrative procedures. The applicant must pass the
 1488  examination must be successfully completed by the applicant with
 1489  a grade of at least 75 percent or more. Each applicant for
 1490  master qualifier status shall submit to the department a
 1491  nonrefundable $30 examination fee before prior to the
 1492  examination.
 1493         (c) Master qualifier status expires shall expire 3 years
 1494  after the date of issuance of the certificate and may be renewed
 1495  by submission to the department of documentation of completion
 1496  of at least 16 12 hours of approved continuing education courses
 1497  during the 3-year period; proof of employment with a licensed
 1498  category I liquefied petroleum gas dealer, liquefied petroleum
 1499  gas installer, or applicant; and a $30 certificate renewal fee.
 1500  The department shall define, by rule, approved courses of
 1501  continuing education.
 1502         Section 36. Section 527.03, Florida Statutes, is amended to
 1503  read:
 1504         527.03 Annual renewal of license.—All licenses required
 1505  under this chapter shall be renewed annually subject to the
 1506  license fees prescribed in s. 527.02. With the exception of the
 1507  Category III Liquefied Petroleum Gas Cylinder Exchange Operator
 1508  license and the Dealer in Appliances and Equipment for Use of
 1509  Liquefied Petroleum Gas license, all licenses shall be renewed
 1510  for the period beginning September 1 and shall expire on the
 1511  following August 31 unless sooner suspended, revoked, or
 1512  otherwise terminated. All Category III Liquefied Petroleum Gas
 1513  Cylinder Exchange Operator licenses and Dealer in Appliances and
 1514  Equipment for Use of Liquefied Petroleum Gas licenses shall be
 1515  renewed for the period beginning April 1 and expire on the
 1516  following March 31 unless sooner suspended, revoked, or
 1517  otherwise terminated. A Any license allowed to expire becomes on
 1518  August 31 shall become inoperative because of failure to renew.
 1519  The fee for restoration of a license is equal to the original
 1520  license fee and must be paid before the licensee may resume
 1521  operations.
 1522         Section 37. Subsection (3) of section 531.415, Florida
 1523  Statutes, is amended to read:
 1524         531.415 Fees.—
 1525         (3) Any petroleum product taxed under s. 525.09 and any
 1526  Petroleum equipment that is used to measure petroleum fuel, as
 1527  defined in s. 525.01, and owned by a person licensed pursuant to
 1528  chapter 206 is exempt from the fees established in this section.
 1529         Section 38. Subsection (3) of section 531.61, Florida
 1530  Statutes, is amended to read:
 1531         531.61 Exemptions from permit requirement.—Commercial
 1532  weights or measures instruments or devices are exempt from the
 1533  permit requirements of ss. 531.60-531.66 if:
 1534         (3) The device is used exclusively for measuring aviation
 1535  fuel or petroleum products inspected taxed under chapter 525 s.
 1536  525.09.
 1537         Section 39. Section 40 of chapter 2009-66, Laws of Florida,
 1538  is amended to read:
 1539         Section 40. Sections 531.60, 531.61, 531.62, 531.63,
 1540  531.64, 531.65, and 531.66, Florida Statutes, as created by this
 1541  act, shall expire July 1, 2020 2014.
 1542         Section 40. Paragraph (c) of subsection (5) of section
 1543  539.001, Florida Statutes, is amended to read:
 1544         539.001 The Florida Pawnbroking Act.—
 1545         (5) APPLICATION FOR LICENSE.—
 1546         (c) Each initial application for a license must be
 1547  accompanied by a complete set of fingerprints taken by an
 1548  authorized law enforcement officer or a fingerprinting service
 1549  provider approved by the Department of Law Enforcement, $300 for
 1550  the first year’s license fee, and the actual cost to the agency
 1551  for fingerprint analysis for each person subject to the
 1552  eligibility requirements. The agency shall submit the
 1553  fingerprints to the Department of Law Enforcement for state
 1554  processing, and the Department of Law Enforcement shall forward
 1555  the fingerprints to the Federal Bureau of Investigation for a
 1556  national criminal history check. These fees and costs are not
 1557  refundable.
 1558         Section 41. Subsection (1) of section 559.802, Florida
 1559  Statutes, is amended to read:
 1560         559.802 Franchises; exemption.—
 1561         (1) The sale of a franchise is exempt from this part if:
 1562         (a) The franchise meets the definition of that term as
 1563  defined by the Federal Trade Commission regulations entitled,
 1564  “Disclosure Requirements and Prohibitions Concerning Franchising
 1565  and Business Opportunity Ventures,” as set forth in 16 C.F.R.
 1566  ss. 436.1 et seq.; and
 1567         (b) Before offering for sale or selling a franchise to be
 1568  located in this state or to a resident of this state, the
 1569  franchisor files a notice with the department stating that the
 1570  franchisor is in substantial compliance with the requirements of
 1571  the Federal Trade Commission rule, and pays a fee in an amount
 1572  set by the department, not exceeding $100. This notice shall be
 1573  filed on a form promulgated by the department.
 1574         Section 42. Section 559.803, Florida Statutes, is amended
 1575  to read:
 1576         559.803 Disclosure statement.—At least 3 working days prior
 1577  to the time the purchaser signs a business opportunity contract,
 1578  or at least 3 working days prior to the receipt of any
 1579  consideration by the seller, whichever occurs first, the seller
 1580  must provide the prospective purchaser a written document, the
 1581  cover sheet of which is entitled in at least 12-point boldfaced
 1582  capital letters “DISCLOSURES REQUIRED BY FLORIDA LAW.” Under
 1583  this title shall appear the following statement in at least 10
 1584  point type: “The State of Florida has not reviewed and does not
 1585  approve, recommend, endorse, or sponsor any business
 1586  opportunity. The information contained in this disclosure has
 1587  not been verified by the state. If you have any questions about
 1588  this investment, see an attorney before you sign a contract or
 1589  agreement.” Nothing except the title and required statement
 1590  shall appear on the cover sheet. Immediately following the cover
 1591  sheet, the seller must provide an index page that briefly lists
 1592  the contents of the disclosure document as required in this
 1593  section and any pages on which the prospective purchaser can
 1594  find each required disclosure. At the top of the index page, the
 1595  following statement must appear in at least 10-point type: “The
 1596  State of Florida requires sellers of business opportunities to
 1597  disclose certain information to prospective purchasers. This
 1598  index is provided to help you locate this information.” If the
 1599  index contains other information not required by this section,
 1600  the seller shall place a designation beside each of the
 1601  disclosures required by this section and provide an explanation
 1602  of the designation at the end of the statement at the top of the
 1603  index page. The disclosure document shall contain the following
 1604  information:
 1605         (1) The name of the seller; whether the seller is doing
 1606  business as an individual, partnership, corporation, or other
 1607  business entity; the names under which the seller has done
 1608  business; and the name of any parent or affiliated company that
 1609  will engage in business transactions with the purchasers or who
 1610  takes responsibility for statements made by the seller.
 1611         (2) The names, addresses, and titles of the seller’s
 1612  officers, directors, trustees, general partners, general
 1613  managers, and principal executives and of any other persons
 1614  charged with the responsibility for the seller’s business
 1615  activities relating to the sale of business opportunities.
 1616         (3) The length of time the seller has:
 1617         (a) Sold business opportunities; or
 1618         (b) Sold business opportunities involving the products,
 1619  equipment, supplies, or services currently being offered to the
 1620  purchaser.
 1621         (4) A full and detailed description of the actual services
 1622  that the business opportunity seller undertakes to perform for
 1623  the purchaser.
 1624         (5) A copy of a current (not older than 13 months)
 1625  financial statement of the seller, updated to reflect material
 1626  changes in the seller’s financial condition.
 1627         (6) If training is promised by the seller, a complete
 1628  description of the training, the length of the training, and the
 1629  cost or incidental expenses of that training, which cost or
 1630  expense the purchaser will be required to incur.
 1631         (7) If the seller promises services to be performed in
 1632  connection with the placement of the equipment, product, or
 1633  supplies at a location, the full nature of those services as
 1634  well as the nature of the agreements to be made with the owners
 1635  or managers of the location where the purchaser’s equipment,
 1636  product, or supplies will be placed.
 1637         (8) If the business opportunity seller is required to
 1638  secure a bond, guaranteed letter of credit, or certificate of
 1639  deposit pursuant to s. 559.807, either of the following
 1640  statements:
 1641         (a) “As required by Florida law, the seller has secured a
 1642  bond issued by ...., a surety company authorized to do business
 1643  in this state. Before signing a contract to purchase this
 1644  business opportunity, you should confirm the bond’s status with
 1645  the surety company.”; or
 1646         (b) “As required by Florida law, the seller has established
 1647  a guaranteed letter of credit or certificate of deposit
 1648  ...(number of account)... with ...(name and address of bank or
 1649  savings institution).... Before signing a contract to purchase
 1650  this business opportunity, you should confirm with the bank or
 1651  savings institution the current status of the guaranteed letter
 1652  of credit or certificate of deposit.”
 1653         (9) The following statement: “If the seller fails to
 1654  deliver the product, equipment, or supplies necessary to begin
 1655  substantial operation of the business within 45 days of the
 1656  delivery date stated in your contract, you may notify the seller
 1657  in writing and cancel your contract.”
 1658         (10) If the seller makes any statement concerning sales or
 1659  earnings or a range of sales or earnings that may be made
 1660  through this business opportunity, a statement disclosing:
 1661         (a) The total number of purchasers of business
 1662  opportunities involving the product, equipment, supplies, or
 1663  services being offered who have actually achieved sales of or
 1664  received earnings in the amount or range specified within 3
 1665  years prior to the date of the disclosure statement.
 1666         (b) The total number of purchasers of business
 1667  opportunities involving the product, equipment, supplies, or
 1668  services being offered within 3 years prior to the date of the
 1669  disclosure statement.
 1670         (11)(a) The total number of persons who purchased the
 1671  business opportunity being offered by the seller within the past
 1672  3 years.
 1673         (b) The names, addresses, and telephone numbers of the 10
 1674  persons who previously purchased the business opportunity from
 1675  the seller and who are geographically closest to the potential
 1676  purchaser.
 1677         (12) A statement disclosing who, if any, of the persons
 1678  listed in subsections (1) and (2):
 1679         (a) Has, at any time during the previous 10 fiscal years,
 1680  regardless of adjudication, been convicted of, or found guilty
 1681  of, or pled guilty or nolo contendere to, or has been
 1682  incarcerated within the last 10 years as a result of having
 1683  previously been convicted of, or found guilty of, or pled guilty
 1684  or nolo contendere to, a felony or a crime involving fraud,
 1685  theft, larceny, violation of any franchise or business
 1686  opportunity law or unfair or deceptive practices law,
 1687  embezzlement, fraudulent conversion, misappropriation of
 1688  property, or restraint of trade.
 1689         (b) Has, at any time during the previous 7 fiscal years,
 1690  been held liable in a civil action resulting in a final judgment
 1691  or has settled out of court any civil action or is a party to
 1692  any civil action involving allegations of fraud (including
 1693  violation of any franchise or business opportunity law or unfair
 1694  or deceptive practices law), embezzlement, fraudulent
 1695  conversion, misappropriation of property, or restraint of trade
 1696  or any civil action which was brought by a present or former
 1697  franchisee or franchisees and which involves or involved the
 1698  franchise relationship. However, only material individual civil
 1699  actions need be so listed pursuant to this paragraph, including
 1700  any group of civil actions which, irrespective of the
 1701  materiality of any single such action, in the aggregate is
 1702  material.
 1703         (c) Is subject to any currently effective state or federal
 1704  agency or court injunctive or restrictive order, or has been
 1705  subject to any administrative action in which an order by a
 1706  governmental agency was rendered, or is a party to a proceeding
 1707  currently pending in which such order is sought, relating to or
 1708  affecting business opportunities activities or the business
 1709  opportunity seller-purchaser relationship or involving fraud
 1710  (including violation of any franchise or business opportunity
 1711  law or unfair or deceptive practices law), embezzlement,
 1712  fraudulent conversion, misappropriation of property, or
 1713  restraint of trade.
 1714  
 1715  Such statement shall set forth the identity and location of the
 1716  court or agency; the date of conviction, judgment, or decision;
 1717  the penalty imposed; the damages assessed; the terms of
 1718  settlement or the terms of the order; and the date, nature, and
 1719  issuer of each such order or ruling. A business opportunity
 1720  seller may include a summary opinion of counsel as to any
 1721  pending litigation, but only if counsel’s consent to the use of
 1722  such opinion is included in the disclosure statement.
 1723         (13) A statement disclosing who, if any, of the persons
 1724  listed in subsections (1) and (2) at any time during the
 1725  previous 7 fiscal years has:
 1726         (a) Filed in bankruptcy.
 1727         (b) Been adjudged bankrupt.
 1728         (c) Been reorganized due to insolvency.
 1729         (d) Been a principal, director, executive officer, or
 1730  partner of any other person that has so filed or was so adjudged
 1731  or reorganized during or within 1 year after the period that
 1732  such person held such position in relation to such other person.
 1733  If so, the name and location of the person having so filed or
 1734  having been so adjudged or reorganized, the date thereof, and
 1735  any other material facts relating thereto shall be set forth.
 1736         (14) A copy of the business opportunity contract which the
 1737  seller uses as a matter of course and which is to be presented
 1738  to the purchaser at closing.
 1739  
 1740  Should any seller of business opportunities prepare a disclosure
 1741  statement pursuant to 16 C.F.R. ss. 436.1 et seq., a Trade
 1742  Regulation Rule of the Federal Trade Commission regarding
 1743  Disclosure Requirements and Prohibitions Concerning Franchising
 1744  and Business Opportunity Ventures, the seller may file that
 1745  disclosure statement in lieu of the document required pursuant
 1746  to this section. Should the seller be required pursuant to 16
 1747  C.F.R. to prepare any other documents to be presented to the
 1748  prospective purchaser, those documents shall also be filed with
 1749  the department.
 1750         Section 43. Section 559.805, Florida Statutes, is repealed.
 1751         Section 44. Subsection (2) of section 559.807, Florida
 1752  Statutes, is repealed.
 1753         Section 45. Present subsections (3) through (7) of section
 1754  559.813, Florida Statutes, are redesignated as subsections (2)
 1755  through (6), respectively, and present subsections (2), (5), and
 1756  (8) of that section are amended, to read:
 1757         559.813 Remedies; enforcement.—
 1758         (2)(a) The department may enter an order imposing one or
 1759  more of the penalties set forth in paragraph (b) if the
 1760  department finds that a seller or any of the seller’s principal
 1761  officers or agents:
 1762         1. Violated or is operating in violation of any of the
 1763  provisions of this part or of the rules adopted or orders issued
 1764  thereunder;
 1765         2. Made a material false statement in any application,
 1766  document, or record required to be submitted or retained under
 1767  this part;
 1768         3. Refused or failed, after notice, to produce any document
 1769  or record or disclose any information required to be produced or
 1770  disclosed under this part or the rules of the department;
 1771         4. Made a material false statement in response to any
 1772  request or investigation by the department, the Department of
 1773  Legal Affairs, or the state attorney; or
 1774         5. Has intentionally defrauded the public through dishonest
 1775  or deceptive means.
 1776         (b) Upon a finding as set forth in paragraph (a), the
 1777  department may enter an order doing one or more of the
 1778  following:
 1779         1. Issuing a notice of noncompliance pursuant to s.
 1780  120.695.
 1781         2. Imposing an administrative fine not to exceed $5,000 per
 1782  violation for each act which constitutes a violation of this
 1783  part or a rule or order.
 1784         3. Directing that the seller or its principal officers or
 1785  agents cease and desist specified activities.
 1786         4. Refusing to issue or revoking or suspending an
 1787  advertisement identification number.
 1788         5. Placing the registrant on probation for a period of
 1789  time, subject to such conditions as the department may specify.
 1790         (c) The administrative proceedings which could result in
 1791  the entry of an order imposing any of the penalties specified in
 1792  paragraph (b) shall be conducted in accordance with chapter 120.
 1793         (4)(5) The Department of Legal Affairs, the Department of
 1794  Agriculture and Consumer Services, or the state attorney, if a
 1795  violation of this part occurs in her or his judicial circuit, is
 1796  are the enforcing authority authorities for purposes of this
 1797  part, and they may bring civil actions in circuit court for
 1798  temporary or permanent injunctive relief and may seek other
 1799  appropriate civil relief, including, but not limited to, a civil
 1800  penalty not to exceed $5,000 for each violation, restitution and
 1801  damages for injured purchasers of business opportunities, and
 1802  court costs and reasonable attorney attorney’s fees.
 1803         (8) The department has the authority to adopt rules
 1804  pursuant to chapter 120 to implement this part.
 1805         Section 46. Section 559.815, Florida Statutes, is amended
 1806  to read:
 1807         559.815 Penalties.—A Any person who fails to file with the
 1808  department as required by s. 559.805 or who commits an act
 1809  described in s. 559.809 is guilty of a felony of the third
 1810  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1811  775.084.
 1812         Section 47. Subsection (1) of section 559.9221, Florida
 1813  Statutes, is amended to read:
 1814         559.9221 Motor Vehicle Repair Advisory Council.—The Motor
 1815  Vehicle Repair Advisory Council is created to advise and assist
 1816  the department in carrying out this part.
 1817         (1) The membership of the council may not exceed 9 11
 1818  members appointed by the Commissioner of Agriculture.
 1819         (a) Six Eight industry members of the council must be
 1820  chosen from individuals already engaged in the motor vehicle
 1821  repair business who are eligible to be registered under this
 1822  part. The professional members of this council must be licensed
 1823  under this part. The commissioner shall select one industry
 1824  member from each of the following categories:
 1825         1. Independent automotive mechanics shops.
 1826         2. Franchise or company-owned automotive mechanics shops.
 1827         3. Automotive Independent automotive collision shops.
 1828         4. Franchise or company-owned automotive collision shops.
 1829         4.5.Tire dealers Independent tire dealer.
 1830         6. Franchise or company-owned tire dealer.
 1831         5.7. Independent motor vehicle dealers dealer licensed
 1832  under s. 320.27.
 1833         6.8. Franchise motor vehicle dealers dealer licensed under
 1834  s. 320.27.
 1835         (b) One member of the council may be chosen from persons
 1836  already engaged in motor vehicle repair service.
 1837         (c) Two consumer members of the council must be residents
 1838  of this state and may must not be connected with the motor
 1839  vehicle repair business.
 1840         (d) As terms of the members expire, the commissioner shall
 1841  appoint successors for terms of 4 years. Members shall serve
 1842  from the time of their appointment until their successors are
 1843  appointed.
 1844         Section 48. Paragraphs (a) and (b) of subsection (9) of
 1845  section 616.242, Florida Statutes, are amended to read:
 1846         616.242 Safety standards for amusement rides.—
 1847         (9) INSURANCE REQUIREMENTS.—
 1848         (a) An owner may not operate an amusement ride unless the
 1849  owner has in effect, at all times of operation, an insurance
 1850  meeting the following requirements:
 1851         1. An insurance policy in an amount of not less than $1
 1852  million per occurrence, $1 million in the aggregate, which
 1853  insures the owner of the amusement ride against liability for
 1854  injury to persons arising out of the use of the amusement ride.;
 1855  or
 1856         2. A bond in a like amount; however, the aggregate
 1857  liability of the surety under the bond may not exceed the face
 1858  amount thereof.
 1859         (b) The policy or bond must be procured from an insurer or
 1860  surety that is licensed to transact business in this state or
 1861  that is approved as a surplus lines insurer.
 1862         Section 49. Subsection (9) is added to section 721.20,
 1863  Florida Statutes, to read:
 1864         721.20 Licensing requirements; suspension or revocation of
 1865  license; exceptions to applicability; collection of advance fees
 1866  for listings unlawful.—
 1867         (9) A person who meets the definition of a commercial
 1868  telephone seller or salesperson as defined in s. 501.603 must be
 1869  licensed under part IV of chapter 501 before doing business in
 1870  this state under this chapter.
 1871         Section 50. This act shall take effect July 1, 2013.