Florida Senate - 2013                                    SB 1040
       
       
       
       By Senator Stargel
       
       
       
       
       15-00464A-13                                          20131040__
    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. 527.01, F.S.;
  110         providing a definition for the term “license year” as
  111         it relates to the sale of petroleum gas; amending s.
  112         527.0201, F.S.; revising examination requirements for
  113         applicants seeking certain licenses; revising
  114         continuing education requirements for specified
  115         qualifiers; amending s. 527.03, F.S.; revising the
  116         renewal procedure for certain licenses; amending s.
  117         531.415, F.S.; conforming a cross-reference; amending
  118         s. 531.61, F.S.; exempting certain commercial weights
  119         and measures devices from permit requirements;
  120         conforming a cross-reference; amending chapter 2009
  121         66, Laws of Florida; extending the expiration date of
  122         certain statutes related to commercial weights and
  123         measures; amending s. 539.001, F.S.; revising
  124         fingerprinting requirements for a pawnbroker license
  125         application; amending s. 559.802, F.S.; requiring
  126         franchisors to provide notice of the franchise sale on
  127         a department promulgated form; amending s. 559.803,
  128         F.S.; deleting provisions allowing and requiring
  129         sellers of business opportunities to file federal
  130         disclosure statements with the department; repealing
  131         s. 559.805, F.S., relating to mandatory filings and
  132         disclosure of advertisement identification numbers by
  133         sellers of business opportunities; repealing s.
  134         559.807(2), F.S., relating to bonds or securities for
  135         business opportunity sellers; amending s. 559.813,
  136         F.S.; deleting a provision authorizing the department
  137         to impose specified penalties for certain violations
  138         relating to selling business opportunities; abrogating
  139         the enforcement and rulemaking authority of the
  140         Department of Agriculture and Consumer Services;
  141         amending s. 559.815, F.S.; conforming a cross
  142         reference; amending s. 559.9221, F.S.; revising the
  143         membership of the Motor Vehicle Repair Advisory
  144         Council; amending s. 616.242, F.S.; revising amusement
  145         ride insurance coverage requirements; amending s.
  146         721.20, F.S.; requiring specified persons who sell
  147         timeshare plans to be licensed as commercial telephone
  148         sellers or salespersons under ch. 501, F.S.; providing
  149         an effective date.
  150  
  151  Be It Enacted by the Legislature of the State of Florida:
  152  
  153         Section 1. Subsection (1) of section 525.09, Florida
  154  Statutes, is transferred, redesignated as paragraph (h) of
  155  subsection (1) of section 206.41, Florida Statutes, and amended,
  156  to read:
  157         206.41 State taxes imposed on motor fuel.—
  158         (1) The following taxes are imposed on motor fuel under the
  159  circumstances described in subsection (6):
  160         (h)(1)An additional 0.125 cent per net gallon is levied on
  161  all motor fuel for sale or use in this state for the purpose of
  162  defraying the expenses incident to inspecting, testing, and
  163  analyzing motor fuel petroleum fuels in this state, there shall
  164  be paid to the department a charge of one-eighth cent per gallon
  165  on all gasoline, kerosene (except when used as aviation turbine
  166  fuel), and #1 fuel oil for sale or use in this state. This
  167  inspection fee shall be imposed in the same manner as the motor
  168  fuel tax pursuant to s. 206.41. Payment shall be made on or
  169  before the 25th day of each month.
  170         Section 2. Subsection (4) is added to section 206.45,
  171  Florida Statutes, to read:
  172         206.45 Payment of tax into State Treasury.—
  173         (4) The department shall pay all moneys collected pursuant
  174  to s. 206.41(1)(h) into the State Treasury for monthly
  175  distribution into the General Inspection Trust Fund.
  176         Section 3. Subsection (22) of section 493.6101, Florida
  177  Statutes, is amended to read:
  178         493.6101 Definitions.—
  179         (22) “Repossession” means the recovery of a motor vehicle
  180  as defined under s. 320.01(1), a mobile home as defined in s.
  181  320.01(2), a motorboat as defined under s. 327.02, an aircraft
  182  as defined in s. 330.27(1), a personal watercraft as defined in
  183  s. 327.02, an all-terrain vehicle as defined in s. 316.2074,
  184  farm equipment as defined under s. 686.402, or industrial
  185  equipment, by an individual who is authorized by the legal
  186  owner, lienholder, or lessor to recover, or to collect money
  187  payment in lieu of recovery of, such property that was which has
  188  been sold or leased under a security agreement that contains a
  189  repossession clause. As used in this subsection, the term
  190  “industrial equipment” includes, but is not limited to,
  191  tractors, road rollers, cranes, forklifts, backhoes, and
  192  bulldozers. The term “industrial equipment” also includes other
  193  vehicles that are propelled by power other than muscular power
  194  and that are used in the manufacture of goods or used in the
  195  provision of services. A repossession is complete when a
  196  licensed recovery agent is in control, custody, and possession
  197  of such repossessed property. Property that is being repossessed
  198  is considered to be in the control, custody, and possession of a
  199  licensed recovery agent if the vehicle or other equipment being
  200  repossessed has been secured in preparation for transport from
  201  the site of the recovery by means of having been attached to, or
  202  placed on, the towing or other transport vehicle, or if the
  203  vehicle or equipment being repossessed is being operated or
  204  about to be operated by a licensed recovery agent.
  205         Section 4. Paragraph (b) of subsection (3) of section
  206  493.6113, Florida Statutes, is amended to read:
  207         493.6113 Renewal application for licensure.—
  208         (3) Each licensee is responsible for renewing his or her
  209  license on or before its expiration by filing with the
  210  department an application for renewal accompanied by payment of
  211  the prescribed license fee.
  212         (b) Each Class “G” licensee shall additionally submit proof
  213  that he or she has received during each year of the license
  214  period a minimum of 4 hours of firearms recertification training
  215  taught by a Class “K” licensee and has complied with such other
  216  health and training requirements which the department may adopt
  217  by rule. Proof of completion of recertification training must be
  218  submitted to the department upon completion of that training. If
  219  the documentation of completion of recertification training is
  220  not submitted by the end of the first year of the license
  221  period, the individual’s license shall be automatically
  222  suspended until proof of such training is submitted to the
  223  department. If the documentation of completion of
  224  recertification training is not submitted by the end of the
  225  second year of the license period, the license may not be
  226  renewed unless If proof of a minimum of 4 hours of annual
  227  firearms recertification training cannot be provided, the
  228  renewal applicant completes shall complete the minimum number of
  229  hours of range and classroom training required at the time of
  230  initial licensure. The department may waive the foregoing
  231  firearms training requirement if:
  232         1. The applicant provides proof that he or she is currently
  233  certified as a law enforcement officer or correctional officer
  234  under the Criminal Justice Standards and Training Commission and
  235  has completed law enforcement firearms requalification training
  236  annually during the previous 2 years of the licensure period.
  237         2. The applicant provides proof that he or she is currently
  238  certified as a federal law enforcement officer and has received
  239  law enforcement firearms training administered by a federal law
  240  enforcement agency annually during the previous 2 years of the
  241  licensure period.
  242         3. The applicant submits a valid firearm certificate among
  243  those specified in s. 493.6105(6)(a) and provides proof of
  244  having completed requalification training during the previous 2
  245  years of the licensure period.
  246         Section 5. Subsections (2) through (4) of section 493.6116,
  247  Florida Statutes, are amended to read:
  248         493.6116 Sponsorship of interns.—
  249         (2) An internship may not commence until a licensee submits
  250  the sponsor has submitted to the department a the notice of
  251  intent to sponsor. Such notice shall be on a form provided by
  252  the department.
  253         (3) An internship is intended to serve as a period of
  254  learning process. Licensees who sponsor interns Sponsors shall
  255  provide assume a training status by providing direction to and
  256  maintain control of interns as part of this learning process.
  257  Sponsors may shall only sponsor interns whose place of business
  258  is within a 50-mile distance of the sponsor’s place of business
  259  and shall not allow interns to operate independently of such
  260  direction and control, or require interns to perform activities
  261  that which do not enhance the intern’s qualification for
  262  licensure. Interns shall perform regulated duties within the
  263  geographic boundaries of this state during the period of
  264  internship.
  265         (4) A licensee No sponsor may not sponsor more than six
  266  interns at the same time.
  267         Section 6. Present subsections (1) and (4) of section
  268  493.6118, Florida Statutes, are amended, present subsections (2)
  269  through (7) of that section are redesignated as subsections (3)
  270  through (8), respectively, and a new subsection (2) is added to
  271  that section, to read:
  272         493.6118 Grounds for disciplinary action.—
  273         (1) The following constitute grounds for which disciplinary
  274  action specified in subsection (3) (2) may be taken by the
  275  department against a any licensee, agency, or applicant
  276  regulated by this chapter, or an any unlicensed person engaged
  277  in activities regulated under this chapter.
  278         (a) Fraud or willful misrepresentation in applying for or
  279  obtaining a license.
  280         (b) Use of a any fictitious or assumed name by an agency
  281  unless the agency has department approval and qualifies under s.
  282  865.09.
  283         (c) Being found guilty of or entering a plea of guilty or
  284  nolo contendere to, regardless of adjudication, or being
  285  convicted of a crime that directly relates to the business for
  286  which the license is held or sought. A plea of nolo contendere
  287  creates shall create a rebuttable presumption of guilt to the
  288  underlying criminal charges, and the department shall allow the
  289  individual being disciplined or denied an application for a
  290  license to present any mitigating circumstances surrounding his
  291  or her plea.
  292         (d) A false statement by the licensee that an any
  293  individual is or has been in his or her employ.
  294         (e) A finding that the licensee or an any employee of the
  295  licensee is guilty of willful betrayal of a professional secret
  296  or the any unauthorized release of information acquired as a
  297  result of activities regulated under this chapter.
  298         (f) Proof that the applicant or licensee is guilty of fraud
  299  or deceit, or of negligence, incompetency, or misconduct, in the
  300  practice of the activities regulated under this chapter.
  301         (g) Conducting activities regulated under this chapter
  302  without a license or with a revoked or suspended license.
  303         (h) Failure of the licensee to maintain in full force and
  304  effect the commercial general liability insurance coverage
  305  required by s. 493.6110.
  306         (i) Impersonating, or permitting or aiding and abetting an
  307  employee to impersonate, a law enforcement officer or an
  308  employee of the state, the United States, or a any political
  309  subdivision thereof by identifying himself or herself as a
  310  federal, state, county, or municipal law enforcement officer or
  311  official representative, by wearing a uniform or presenting or
  312  displaying a badge or credentials that would cause a reasonable
  313  person to believe that he or she is a law enforcement officer or
  314  that he or she has official authority, by displaying any
  315  flashing or warning vehicular lights other than amber colored,
  316  or by committing an any act that is intended to falsely convey
  317  official status.
  318         (j) Commission of an act of violence or the use of force on
  319  a any person except in the lawful protection of one’s self or
  320  another from physical harm.
  321         (k) Knowingly violating, advising, encouraging, or
  322  assisting the violation of a any statute, court order, capias,
  323  warrant, injunction, or cease and desist order, in the course of
  324  business regulated under this chapter.
  325         (l) Soliciting business for an attorney in return for
  326  compensation.
  327         (m) Transferring or attempting to transfer a license issued
  328  pursuant to this chapter.
  329         (n) Employing or contracting with an any unlicensed or
  330  improperly licensed person or agency to conduct activities
  331  regulated under this chapter, or performing an any act that
  332  assists, aids, or abets a person or business entity in engaging
  333  in unlicensed activity, when the licensure status was known or
  334  could have been ascertained by reasonable inquiry.
  335         (o) Failure or refusal to cooperate with or refusal of
  336  access to an authorized representative of the department engaged
  337  in an official investigation pursuant to this chapter.
  338         (p) Failure of a any partner, principal corporate officer,
  339  or licensee to have his or her identification card in his or her
  340  possession while on duty.
  341         (q) Failure of a any licensee to have his or her license in
  342  his or her possession while on duty, as specified in s.
  343  493.6111(1).
  344         (r) Failure or refusal by a sponsor to certify a biannual
  345  written report on an intern or to certify completion or
  346  termination of an internship to the department within 15 working
  347  days.
  348         (s) Failure to report to the department a any person whom
  349  the licensee knows to be in violation of this chapter or the
  350  rules of the department.
  351         (t) Violating any provision of this chapter.
  352         (u) For a Class “G” applicant or licensee, failing to
  353  complete recertification training required to carry a firearm
  354  while performing regulated duties.
  355         (v) For a Class “K” applicant or licensee, failing to
  356  maintain active certification as a professional firearms
  357  trainer.
  358         (w)(u) For a Class “G” or a Class “K” applicant or
  359  licensee, being prohibited from purchasing or possessing a
  360  firearm by state or federal law.
  361         (x)(v) In addition to the grounds for disciplinary action
  362  prescribed in paragraphs (a)-(t), Class “R” recovery agencies,
  363  Class “E” recovery agents, and Class “EE” recovery agent interns
  364  are prohibited from committing the following acts:
  365         1. Recovering a motor vehicle, mobile home, motorboat,
  366  aircraft, personal watercraft, all-terrain vehicle, farm
  367  equipment, or industrial equipment that has been sold under a
  368  conditional sales agreement or under the terms of a chattel
  369  mortgage before authorization has been received from the legal
  370  owner or mortgagee.
  371         2. Charging for expenses not actually incurred in
  372  connection with the recovery, transportation, storage, or
  373  disposal of repossessed property or personal property obtained
  374  in a repossession.
  375         3. Using any repossessed property or personal property
  376  obtained in a repossession for the personal benefit of a
  377  licensee or an officer, director, partner, manager, or employee
  378  of a licensee.
  379         4. Selling property recovered under the provisions of this
  380  chapter, except with written authorization from the legal owner
  381  or the mortgagee thereof.
  382         5. Failing to notify the police or sheriff’s department of
  383  the jurisdiction in which the repossessed property is recovered
  384  within 2 hours after recovery.
  385         6. Failing to remit moneys collected in lieu of recovery of
  386  a motor vehicle, mobile home, motorboat, aircraft, personal
  387  watercraft, all-terrain vehicle, farm equipment, or industrial
  388  equipment to the client within 10 working days.
  389         7. Failing to deliver to the client a negotiable instrument
  390  that is payable to the client, within 10 working days after
  391  receipt of such instrument.
  392         8. Falsifying, altering, or failing to maintain any
  393  required inventory or records regarding disposal of personal
  394  property contained in or on repossessed property pursuant to s.
  395  493.6404(1).
  396         9. Carrying a any weapon or firearm when he or she is on
  397  private property and performing duties under his or her license
  398  whether or not he or she is licensed pursuant to s. 790.06.
  399         10. Soliciting from the legal owner the recovery of
  400  property subject to repossession after such property has been
  401  seen or located on public or private property if the amount
  402  charged or requested for such recovery is more than the amount
  403  normally charged for such a recovery.
  404         11. Wearing, presenting, or displaying a badge in the
  405  course of performing a repossession regulated by this chapter.
  406         (2)It is unlawful for a person to knowingly possess,
  407  issue, cause to be issued, sell, submit, or offer a fraudulent
  408  training certificate, proficiency form, or other official
  409  document that declares an applicant has successfully completed a
  410  course of training required for licensure under chapter 493 if
  411  that person knows or reasonably should know that the
  412  certificate, form, or document is fraudulent. A violation of
  413  this section is a felony of the third degree, punishable as
  414  provided in s. 775.082, s. 775.083, or s. 775.084.
  415         (5)(4) Notwithstanding the provisions of paragraph (1)(c)
  416  and subsection (3) (2):
  417         (a) If the applicant or licensee has been convicted of a
  418  felony, the department shall deny the application or revoke the
  419  license unless and until civil rights have been restored by the
  420  State of Florida or by a state acceptable to Florida and a
  421  period of 10 years has expired since final release from
  422  supervision.
  423         (b) A Class “G” applicant who has been convicted of a
  424  felony must shall also have had the specific right to possess,
  425  carry, or use a firearm restored by the State of Florida.
  426         (c) If the applicant or licensee has been found guilty of,
  427  entered a plea of guilty to, or entered a plea of nolo
  428  contendere to a felony and adjudication of guilt is withheld,
  429  the department shall deny the application or revoke the license
  430  until a period of 3 years has expired since final release from
  431  supervision.
  432         (d) A plea of nolo contendere creates shall create a
  433  rebuttable presumption of guilt to the underlying criminal
  434  charges, and the department shall allow the person being
  435  disciplined or denied an application for a license to present
  436  any mitigating circumstances surrounding his or her plea.
  437         (e) The grounds for discipline or denial cited in this
  438  subsection apply shall be applied to a any disqualifying
  439  criminal history regardless of the date of commission of the
  440  underlying criminal charge. Such provisions are shall be applied
  441  retroactively and prospectively.
  442         Section 7. Subsection (1) of section 493.6120, Florida
  443  Statutes, is amended to read:
  444         493.6120 Violations; penalty.—
  445         (1) Any person who violates any provision of this chapter
  446  except ss. 493.6118(2) and s. 493.6405 commits a misdemeanor of
  447  the first degree, punishable as provided in s. 775.082 or s.
  448  775.083.
  449         Section 8. Subsection (3) of section 493.6121, Florida
  450  Statutes, is amended to read:
  451         493.6121 Enforcement; investigation.—
  452         (3) The department has shall have the authority to
  453  investigate a any licensed or unlicensed person, firm, company,
  454  partnership, or corporation when such person, firm, company,
  455  partnership, or corporation is advertising as providing or is
  456  engaged in performing services that which require licensure
  457  under this chapter or when a licensee is engaged in activities
  458  that which do not comply with or are prohibited by this chapter;
  459  and the department has shall have the authority to issue an
  460  order to cease and desist the further conduct of such
  461  activities, or seek an injunction, or take other appropriate
  462  action pursuant to s. 493.6118(3)(a) 493.6118(2)(a) or (c).
  463         Section 9. Paragraph (b) of subsection (1) and subsections
  464  (2) and (7) of section 496.405, Florida Statutes, are amended to
  465  read:
  466         496.405 Registration statements by charitable organizations
  467  and sponsors.—
  468         (1)
  469         (b) Any Changes in the information submitted on the initial
  470  registration statement or the last renewal statement must be
  471  updated annually on a renewal statement provided by the
  472  department on or before the date that marks one year after the
  473  date the department approved the initial registration statement
  474  as provided in this section. The department shall annually
  475  provide a renewal statement to each registrant by mail or by
  476  electronic mail at least 30 60 days before the renewal date.
  477         (2) The initial registration statement must be submitted on
  478  a form prescribed by the department, signed under oath by an
  479  authorized official the treasurer or chief fiscal officer of the
  480  charitable organization or sponsor who shall certify that the
  481  registration statement is true and correct, and include the
  482  following information or material:
  483         (a) A copy of the financial report or Internal Revenue
  484  Service Form 990 and all attached schedules, Schedule A or
  485  Internal Revenue Service Form 990-EZ and Schedule O, required
  486  under s. 496.407 for the immediately preceding fiscal year. A
  487  newly organized charitable organization or sponsor with no
  488  financial history must file a budget for the current fiscal
  489  year.
  490         (b) The name of the charitable organization or sponsor, the
  491  purpose for which it is organized, the name under which it
  492  intends to solicit contributions, and the purpose or purposes
  493  for which the contributions to be solicited will be used.
  494         (c) The name of the individuals or officers who are in
  495  charge of any solicitation activities.
  496         (d) A statement of whether:
  497         1. The charitable organization or sponsor is authorized by
  498  another any other state to solicit contributions;
  499         2. The charitable organization or sponsor or any of its
  500  officers, directors, trustees, or principal salaried executive
  501  personnel have been enjoined in any jurisdiction from soliciting
  502  contributions or have been found to have engaged in unlawful
  503  practices in the solicitation of contributions or administration
  504  of charitable assets;
  505         3. The charitable organization or sponsor has had its
  506  registration or authority denied, suspended, or revoked by a any
  507  governmental agency, together with the reasons for such denial,
  508  suspension, or revocation; and
  509         4. The charitable organization or sponsor has voluntarily
  510  entered into an assurance of voluntary compliance in any
  511  jurisdiction or agreement similar to that set forth in s.
  512  496.420, together with a copy of the that agreement.
  513         5. The charitable organization or sponsor or any of its
  514  officers, directors, trustees, or employees, regardless of
  515  adjudication, has been convicted of, or found guilty of, or pled
  516  guilty or nolo contendere to, or has been incarcerated within
  517  the last 10 years as a result of having previously been
  518  convicted of, or found guilty of, or pled guilty or nolo
  519  contendere to:,
  520         a.A Any felony or any crime involving fraud, theft,
  521  larceny, embezzlement, fraudulent conversion, misappropriation
  522  of property, or any crime arising from the conduct of a
  523  solicitation for a charitable organization or sponsor within the
  524  last 10 years and, if so, the name of such person, the nature of
  525  the offense, the date of the offense, the court having
  526  jurisdiction in the case, the date of conviction or other
  527  disposition, and the disposition of the offense.
  528         b.A crime involving fraud, theft, larceny, embezzlement,
  529  fraudulent conversion, misappropriation of property, or a crime
  530  enumerated in this section or resulting from acts committed
  531  while involved in the solicitation of contributions 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         6. The charitable organization or sponsor or any of its
  537  officers, directors, trustees, or employees has been enjoined
  538  from violating a any law relating to a charitable solicitation,
  539  and, if so, the name of such person, the date of the injunction,
  540  and the court issuing the injunction.
  541         (e) The names, street addresses, and telephone numbers of a
  542  any professional solicitor, professional fundraising consultant,
  543  and commercial co-venturer who is acting or has agreed to act on
  544  behalf of the charitable organization or sponsor, together with
  545  a statement setting forth the specific terms of the arrangements
  546  for salaries, bonuses, commissions, expenses, or other
  547  remunerations to be paid the fundraising consultant and
  548  professional solicitor.
  549         (f) With initial registration only, a statement showing
  550  when and where the organization was established and the tax
  551  exempt status of the organization together with a copy of the
  552  any federal tax exemption determination letter. If the
  553  charitable organization or sponsor has not received a federal
  554  tax exemption determination letter at the time of initial
  555  registration, a copy of such determination must be filed with
  556  the department within 30 days after receipt of the determination
  557  by the charitable organization or sponsor. If the organization
  558  is subsequently notified by the Internal Revenue Service of a
  559  any challenge to its continued entitlement to federal tax
  560  exemption, the charitable organization or sponsor shall notify
  561  the department of this fact within 30 days after receipt.
  562         (g) The following information must be filed with the
  563  initial registration statement and must be updated when a any
  564  change occurs in the information that was previously filed with
  565  the initial registration statement:
  566         1. The principal street address and telephone number of the
  567  organization and the street address and telephone numbers of any
  568  offices in this state or, if the charitable organization or
  569  sponsor does not maintain an office in this state, the name,
  570  street address, and telephone number of the person who that has
  571  custody of its financial records. The parent organization that
  572  files a consolidated registration statement on behalf of its
  573  chapters, branches, or affiliates must additionally provide the
  574  street addresses and telephone numbers of all such locations in
  575  this state.
  576         2. The names and street addresses of the officers,
  577  directors, trustees, and the principal salaried executive
  578  personnel.
  579         3. The date when the charitable organization’s or sponsor’s
  580  fiscal year ends.
  581         4. A list or description of the major program activities.
  582         5. The names, street addresses, and telephone numbers of
  583  the individuals or officers who have final responsibility for
  584  the custody of the contributions and who will be responsible for
  585  the final distribution of the contributions.
  586         (7) The department must examine each initial registration
  587  statement or annual renewal statement and the supporting
  588  documents filed by a charitable organization or sponsor and
  589  shall determine whether the registration requirements are
  590  satisfied. Within 20 10 working days after its receipt of a
  591  statement, the department must examine the statement, notify the
  592  applicant of any apparent errors or omissions, and request any
  593  additional information the department is allowed by law to
  594  require. Failure to correct an error or omission or to supply
  595  additional information is not grounds for denial of the initial
  596  registration or annual renewal statement unless the department
  597  has notified the applicant within the 20 10-working-day period.
  598  The department must approve or deny each statement, or must
  599  notify the applicant that the activity for which she or he seeks
  600  registration is exempt from the registration requirement, within
  601  20 10 working days after receipt of the initial registration or
  602  annual renewal statement or the requested additional information
  603  or correction of errors or omissions. A Any statement that is
  604  not approved or denied within 20 10 working days after receipt
  605  of the requested additional information or correction of errors
  606  or omissions is approved. Within 7 working days after receipt of
  607  a notification that the registration requirements are not
  608  satisfied, the charitable organization or sponsor may request a
  609  hearing. The hearing must be held within 7 working days after
  610  receipt of the request, and the any recommended order, if one is
  611  issued, must be rendered within 3 working days of the hearing.
  612  The final order must then be issued within 2 working days after
  613  the recommended order. If a recommended order is not issued, the
  614  final order must be issued within 5 working days after the
  615  hearing. The proceedings must be conducted in accordance with
  616  chapter 120, except that the time limits and provisions set
  617  forth in this subsection prevail to the extent of any conflict.
  618         Section 10. Section 496.406, Florida Statutes, is amended
  619  to read:
  620         496.406 Exemption from registration.—The following
  621  charitable organizations and sponsors are exempt from the
  622  requirements of s. 496.405:
  623         (1) The following charitable organizations and sponsors are
  624  exempt from the requirements of s. 496.405:
  625         (a) A person who is soliciting for a named individual,
  626  provided that all the contributions collected without any
  627  deductions whatsoever are turned over to the beneficiary for her
  628  or his use and provided that the person has complied with the
  629  requirements of s. 496.413.
  630         (b)(2) A charitable organization or sponsor that which
  631  limits solicitation of contributions to the membership of the
  632  charitable organization or sponsor. For the purposes of this
  633  paragraph, the term “membership” does not include those persons
  634  who are granted a membership upon making a contribution as a
  635  result of a solicitation.
  636         (c)(3)A Any division, department, post, or chapter of a
  637  veterans’ service organization granted a federal charter under
  638  Title 36, United States Code.
  639         (d) Charitable organizations or sponsors that have less
  640  than $25,000 in total revenue during a fiscal year, if the
  641  fundraising activities of such organization or sponsor are
  642  carried on by volunteers, members, or officers who are not
  643  compensated and if no part of the assets or income of such
  644  organization or sponsor inures to the benefit of or is paid to
  645  an officer or member of such organization, sponsor, professional
  646  fundraising consultant, professional solicitor, or commercial
  647  co-venturer. If a charitable organization or sponsor that has
  648  less than $25,000 in total revenue during a fiscal year acquires
  649  total revenue in excess of that amount, the charitable
  650  organization or sponsor must register with the department as
  651  required by s. 496.405 within 30 days after the date the revenue
  652  reaches $25,000.
  653         (2) Before soliciting contributions, each charitable
  654  organization or sponsor under paragraph (1)(d) claiming to be
  655  exempt from the registration requirements specified in s.
  656  496.405 shall submit annually to the department, on forms
  657  prescribed by the department:
  658         (a) The name, address, and phone number of the charitable
  659  organization or sponsor, the name under which it intends to
  660  solicit contributions, the purpose for which it is organized,
  661  and the purpose or purposes for which the solicited
  662  contributions will be used.
  663         (b) The tax exempt status of the organization.
  664         (c) The date the organization’s fiscal year ends.
  665         (d) The names, street addresses, and telephone numbers of
  666  the individuals or officers who have final responsibility for
  667  the custody of the contributions and who will be responsible for
  668  the final distribution of the contributions.
  669         (e) A financial statement of support, revenue, and expenses
  670  and a statement of functional expenses which must include, but
  671  need not be limited to, expenses in the following categories:
  672  program, management and general, and fundraising. In lieu of the
  673  financial statement, a charitable organization or sponsor may
  674  submit a copy of its Internal Revenue Service Form 990 with
  675  attached schedules or 990-EZ with Schedule O.
  676         (3) A charitable organization or sponsor claiming to be
  677  exempt from the registration requirements of this chapter shall
  678  submit such information that the department may request to
  679  substantiate an exemption under this section. A charitable
  680  organization or sponsor that fails to submit evidence
  681  satisfactory to the department is not exempt from the
  682  requirements of this chapter. In any proceeding, the burden of
  683  proving an exemption is upon the organization or sponsor
  684  claiming the exemption.
  685         (4) Exemption from the registration requirements of s.
  686  496.405 does not limit the applicability of other provisions of
  687  this section to a charitable organization or sponsor.
  688         Section 11. Subsection (2) of section 496.407, Florida
  689  Statutes, is amended to read:
  690         496.407 Financial report.—
  691         (2) In lieu of the financial report described in subsection
  692  (1), a charitable organization or sponsor may submit a copy of
  693  its Internal Revenue Service Form 990 and all attached schedules
  694  Schedule A filed for the preceding fiscal year, or a copy of its
  695  Form 990-EZ and Schedule O filed for the preceding fiscal year.
  696         Section 12. Subsections (2), (3), and (6) of section
  697  496.409, Florida Statutes, are amended to read:
  698         496.409 Registration and duties of professional fundraising
  699  consultant.—
  700         (2) Applications for registration or renewal of
  701  registration must be submitted on a form prescribed by the
  702  department, signed by an authorized official of the professional
  703  fundraising consultant who shall certify that the report is true
  704  and correct under oath, and must include the following
  705  information:
  706         (a) The street address and telephone number of the
  707  principal place of business of the applicant and a any Florida
  708  street addresses if the principal place of business is located
  709  outside this state.
  710         (b) The form of the applicant’s business.
  711         (c) The names and residence addresses of all principals of
  712  the applicant, including all officers, directors, and owners.
  713         (d) Whether any of the owners, directors, officers, or
  714  employees of the applicant are related as parent, child, spouse,
  715  or sibling to any other directors, officers, owners, or
  716  employees of the applicant; to an any officer, director,
  717  trustee, or employee of a any charitable organization or sponsor
  718  under contract to the applicant; or to a any supplier or vendor
  719  providing goods or services to a any charitable organization or
  720  sponsor under contract to the applicant.
  721         (e) Whether the applicant or any of its officers,
  722  directors, trustees, or employees have, within the last 10
  723  years, regardless of adjudication, been convicted, or found
  724  guilty of, or pled guilty or nolo contendere to, or have been
  725  incarcerated within the last 10 years as a result of having
  726  previously been convicted of, or found guilty of, or pled guilty
  727  or nolo contendere to, a any felony and, if so, the name of such
  728  person, the nature of the offense, the date of the offense, the
  729  court having jurisdiction in the case, the date of conviction or
  730  other disposition, and the disposition of the offense.
  731         (f) Whether the applicant or any of its officers,
  732  directors, trustees, or employees have, regardless of
  733  adjudication, been convicted of, or found guilty of, or pled
  734  guilty or nolo contendere to, or have been incarcerated within
  735  the last 10 years as a result of having previously been
  736  convicted of, or found guilty of, or pled guilty or nolo
  737  contendere to, a crime within the last 10 years involving fraud,
  738  theft, larceny, embezzlement, fraudulent conversion, or
  739  misappropriation of property, or a any crime arising from the
  740  conduct of a solicitation for a charitable organization or
  741  sponsor and, if so, the name of such person, the nature of the
  742  offense, the date of the offense, the court having jurisdiction
  743  in the case, the date of conviction or other disposition, and
  744  the disposition of the offense.
  745         (g) Whether the applicant or any of its officers,
  746  directors, trustees, or employees have been enjoined from
  747  violating a any law relating to a charitable solicitation and,
  748  if so, the name of such person, the date of the injunction, and
  749  the court issuing the injunction.
  750         (3) The application for registration must be accompanied by
  751  a fee of $300. A professional fundraising consultant that which
  752  is a partnership or corporation may register for and pay a
  753  single fee on behalf of all of its partners, members, officers,
  754  directors, agents, and employees. In that case, the names and
  755  street addresses of all the officers, employees, and agents of
  756  the fundraising consultant and all other persons with whom the
  757  fundraising consultant has contracted to work under its
  758  direction must be listed in the application. Each registration
  759  is valid for 1 year or a part of 1 year and expires on March 31
  760  of each year. The registration may be renewed on or before March
  761  31 of each year for additional 1-year periods upon application
  762  to the department and payment of the registration fee.
  763         (6) The department shall examine each registration
  764  statement and supporting documents filed by a professional
  765  fundraising consultant and determine whether the registration
  766  requirements are satisfied. If the department determines that
  767  the registration requirements are not satisfied, the department
  768  must notify the professional fundraising consultant within 20 10
  769  working days after its receipt of the registration statement;
  770  otherwise the registration statement is approved. Within 7
  771  working days after receipt of a notification that the
  772  registration requirements are not satisfied, the applicant may
  773  request a hearing. The hearing must be held within 7 working
  774  days after receipt of the request, and the any recommended
  775  order, if one is issued, must be rendered within 3 working days
  776  after the hearing. The final order must then be issued within 2
  777  working days after the recommended order. If there is no
  778  recommended order, the final order must be issued within 5
  779  working days after the hearing. The proceedings must be
  780  conducted in accordance with chapter 120, except that the time
  781  limits and provisions set forth in this subsection prevail to
  782  the extent of any conflict.
  783         Section 13. Subsections (2), (3), (5), and (8) of section
  784  496.410, Florida Statutes, are amended to read:
  785         496.410 Registration and duties of professional
  786  solicitors.—
  787         (2) Applications for registration or renewal of
  788  registration must be submitted on a form prescribed by rule of
  789  the department, signed by an authorized official of the
  790  professional solicitor who shall certify that the report is true
  791  and correct under oath, and must include the following
  792  information:
  793         (a) The street address and telephone number of the
  794  principal place of business of the applicant and a any Florida
  795  street addresses if the principal place of business is located
  796  outside this state.
  797         (b) The form of the applicant’s business.
  798         (c) The place and date when the applicant, if other than an
  799  individual, was legally established.
  800         (d) The names and residence addresses of all principals of
  801  the applicant, including all officers, directors, and owners.
  802         (e) A statement as to whether any of the owners, directors,
  803  officers, or employees of the applicant are related as parent,
  804  spouse, child, or sibling to any other directors, officers,
  805  owners, or employees of the applicant; to an any officer,
  806  director, trustee, or employee of a any charitable organization
  807  or sponsor under contract to the applicant; or to a any supplier
  808  or vendor providing goods or services to a any charitable
  809  organization or sponsor under contract to the applicant.
  810         (f) A statement as to whether the applicant or any of its
  811  directors, officers, trustees, persons with a controlling
  812  interest in the applicant, or employees or agents involved in
  813  solicitation have, within the last 10 years, regardless of
  814  adjudication, been convicted of, or found guilty of, or pled
  815  guilty or nolo contendere to, or have been incarcerated within
  816  the last 10 years as a result of having previously been
  817  convicted of, or found guilty of, or pled guilty or nolo
  818  contendere to, a any felony and, if so, the name of such person,
  819  the nature of the offense, the date of the offense, the court
  820  having jurisdiction in the case, the date of conviction or other
  821  disposition, and the disposition of the offense.
  822         (g) A statement as to whether the applicant or any of its
  823  directors, officers, trustees, persons with a controlling
  824  interest in the applicant, or employees or agents involved in
  825  solicitation have, regardless of adjudication, been convicted
  826  of, or found guilty of, or pled guilty or nolo contendere to, or
  827  have been incarcerated within the last 10 years as a result of
  828  having previously been convicted of, or found guilty of, or pled
  829  guilty or nolo contendere to, a crime within the last 10 years
  830  involving fraud, theft, larceny, embezzlement, fraudulent
  831  conversion, or misappropriation of property, or a any crime
  832  arising from the conduct of a solicitation for a charitable
  833  organization or sponsor and, if so, the name of such person, the
  834  nature of the offense, the date of the offense, the court having
  835  jurisdiction in the case, the date of conviction or other
  836  disposition, and the disposition of the offense.
  837         (h) A statement as to whether the applicant or any of its
  838  directors, officers, trustees, persons with a controlling
  839  interest in the applicant, or employees or agents involved in
  840  solicitation have been enjoined from violating a any law
  841  relating to a charitable solicitation and, if so, the name of
  842  such person, the date of the injunction, and the court issuing
  843  the injunction.
  844         (i) The names of all persons in charge of any solicitation
  845  activity.
  846         (3) The application for registration must be accompanied by
  847  a fee of $300. A professional solicitor that is a partnership or
  848  corporation may register for and pay a single fee on behalf of
  849  all of its partners, members, officers, directors, agents, and
  850  employees. In that case, the names and street addresses of all
  851  the officers, employees, and agents of the professional
  852  solicitor and all other persons with whom the professional
  853  solicitor has contracted to work under its direction, including
  854  solicitors, must be listed in the application or furnished to
  855  the department within 5 days after the date of employment or
  856  contractual arrangement. Each registration is valid for 1 year
  857  or a part of 1 year and expires on March 31 of each year. The
  858  registration may be renewed on or before March 31 of each year
  859  for an additional 1-year period upon application to the
  860  department and payment of the registration fee.
  861         (5) The department must examine each registration statement
  862  and supporting documents filed by a professional solicitor. If
  863  the department determines that the registration requirements are
  864  not satisfied, the department must notify the professional
  865  solicitor within 20 10 working days after its receipt of the
  866  registration statement; otherwise the registration statement is
  867  approved. Within 7 working days after receipt of a notification
  868  that the registration requirements are not satisfied, the
  869  applicant may request a hearing. The hearing must be held within
  870  7 working days after receipt of the request, and the any
  871  recommended order, if one is issued, must be rendered within 3
  872  working days after the hearing. The final order must then be
  873  issued within 2 working days after the recommended order. If
  874  there is no recommended order, the final order must be issued
  875  within 5 working days after the hearing. The proceedings must be
  876  conducted in accordance with chapter 120, except that the time
  877  limits and provisions set forth in this subsection prevail to
  878  the extent of any conflict.
  879         (8) Within 45 90 days after a solicitation campaign has
  880  been completed and within 45 days after on the anniversary of
  881  the commencement of a solicitation campaign lasting more than 1
  882  year, the professional solicitor must provide to the charitable
  883  organization or sponsor and file with the department a financial
  884  report of the campaign, including the gross revenue received and
  885  an itemization of all expenses incurred. The report must be
  886  completed on a form prescribed by the department and signed by
  887  an authorized official of the professional solicitor who shall
  888  certify under oath that the report is true and correct.
  889         Section 14. Subsections (3) and (6) of section 496.411,
  890  Florida Statutes, are amended to read:
  891         496.411 Disclosure requirements and duties of charitable
  892  organizations and sponsors.—
  893         (3) Every charitable organization or sponsor that which is
  894  required to register under s. 496.405 must conspicuously display
  895  in capital letters the following statement on every printed
  896  solicitation, written confirmation, receipt, or reminder of a
  897  contribution:
  898         (a) Its registration number; and
  899         (b) The following statement written in capital letters
  900  which must include a toll-free telephone number for the division
  901  which can be used to obtain the registration information:
  902  
  903         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
  904         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
  905         CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE
  906         STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT,
  907         APPROVAL, OR RECOMMENDATION BY THE STATE.”
  908  
  909  If The statement must include a toll-free number for the
  910  division that can be used to obtain the registration
  911  information. When the solicitation consists of more than a
  912  single item one piece, the registration number and statement
  913  must be displayed prominently in the solicitation materials.
  914         (6) Each charitable organization or sponsor that is
  915  required to register under s. 496.405 shall conspicuously
  916  display the following information on every printed solicitation,
  917  written confirmation, receipt, or reminder of a contribution:
  918         (a) The organization’s or sponsor’s registration number
  919  issued by the department under this chapter.
  920         (b) The percentage, if any, of each contribution that is
  921  retained by any professional solicitor that has contracted with
  922  the organization or sponsor.
  923         (c) The percentage of each contribution that is received by
  924  the organization or sponsor.
  925  
  926  If the solicitation consists of more than a single item, the
  927  statement shall be displayed prominently in the solicitation
  928  materials.
  929         Section 15. Subsection (2) of section 496.415, Florida
  930  Statutes, is amended to read:
  931         496.415 Prohibited acts.—It is unlawful for any person in
  932  connection with the planning, conduct, or execution of any
  933  solicitation or charitable or sponsor sales promotion to:
  934         (2) Knowingly file false, or misleading, or inaccurate
  935  information in a any document required to be filed with the
  936  department, provided to the public, or in response to a any
  937  request or investigation by the department, the Department of
  938  Legal Affairs, or the State Attorney.
  939         Section 16. Present subsections (4) through (9) of section
  940  496.419, Florida Statutes, are redesignated as subsections (5)
  941  through (10), respectively, a new subsection (4) is added to
  942  that section, and present subsections (4) through (9) are
  943  amended, to read:
  944         496.419 Powers of the department.—
  945         (4) A violation of s. 496.415(3), (5), (6), (10), (12),
  946  (13), or (14) constitutes an immediate threat to the public
  947  health, safety, and welfare and is sufficient grounds for the
  948  department to issue an immediate order to cease and desist all
  949  solicitation activities. The order acts as an immediate final
  950  order under s. 120.569(2)(n) and shall remain in effect until
  951  the violation has been remedied pursuant to this part.
  952         (5)(4) The department may enter an order imposing one or
  953  more of the penalties set forth in subsection (6) (5) if the
  954  department finds that a charitable organization, sponsor,
  955  professional fundraising consultant, or professional solicitor,
  956  or an agent, servant, or employee thereof has:
  957         (a) Violated or is operating in violation of any of the
  958  provisions of ss. 496.401-496.424 or s. 496.426 or of the rules
  959  adopted or orders issued thereunder;
  960         (b) Made a material false statement in an application,
  961  statement, or report required to be filed under ss. 496.401
  962  496.424 or s. 496.426;
  963         (c) Refused or failed, or any of its principal officers has
  964  refused or failed, after notice, to produce the any records of
  965  such organization or to disclose any information required to be
  966  disclosed under ss. 496.401-496.424 or s. 496.426 or the rules
  967  of the department; or
  968         (d) Made a material false statement in response to a any
  969  request or investigation by the department, the Department of
  970  Legal Affairs, or the State Attorney.
  971         (6)(5) Upon a finding as set forth in subsection (5) (4),
  972  the department may enter an order doing one or more of the
  973  following:
  974         (a) Issuing a notice of noncompliance pursuant to s.
  975  120.695;
  976         (b) Issuing a cease and desist order that directs that the
  977  person cease and desist specified fundraising activities;
  978         (c) Refusing to register or canceling or suspending a
  979  registration;
  980         (d) Placing the registrant on probation for a period of
  981  time, subject to such conditions as the department may specify;
  982         (e) Canceling an exemption granted under s. 496.406; and
  983         (f) Imposing an administrative fine not to exceed $1,000
  984  for each act or omission that which constitutes a violation of
  985  ss. 496.401-496.424 or s. 496.426 or a rule or order.
  986  
  987  With respect to a s. 501(c)(3) organization, the penalty imposed
  988  pursuant to this subsection may shall not exceed $500 per
  989  violation. The penalty is shall be the entire amount per
  990  violation and may is not to be interpreted as a daily penalty.
  991         (7)(6) Except as otherwise provided in this section, the
  992  administrative proceedings that could result in the entry of an
  993  order imposing any of the penalties specified in subsection (6)
  994  (5) are governed by chapter 120, except that the applicable
  995  provisions and time limits specified in s. 496.405(7), s.
  996  496.409(6), or s. 496.410(5) apply if the department determines
  997  that a registration should be refused.
  998         (8)(7) The department may forward an investigative report
  999  and supporting documentation of an any investigation conducted
 1000  pursuant to this section to the Department of Legal Affairs. The
 1001  report must identify proposed any administrative actions or
 1002  actions that are proposed or have been commenced by the
 1003  department in accordance with subsection (5) (4).
 1004         (9)(8) The department shall report a any substantiated
 1005  criminal violation of ss. 496.401-496.424 or s. 496.426 to the
 1006  proper prosecuting authority for prompt prosecution.
 1007         (10)(9) All fines collected by the department under
 1008  subsection (6) (5) must be paid into the General Inspection
 1009  Trust Fund.
 1010         Section 17. Subsections (1), (2), and (4) of section
 1011  501.016, Florida Statutes, are amended to read:
 1012         501.016 Health studios; security requirements.—Each health
 1013  studio that sells contracts for health studio services shall
 1014  meet the following requirements:
 1015         (1) Each health studio shall maintain for each separate
 1016  business location a bond issued by a surety company admitted to
 1017  do business in this state. The principal sum of the bond must be
 1018  $25,000 shall be $50,000, and the bond, when required, shall be
 1019  obtained before a business tax receipt may be issued under
 1020  chapter 205. Upon issuance of a business tax receipt, the
 1021  licensing authority shall immediately notify the department of
 1022  such issuance in a manner established by the department by rule.
 1023  The bond shall be in favor of the state for the benefit of any
 1024  person injured as a result of a violation of ss. 501.012
 1025  501.019. The aggregate liability of the surety to all persons
 1026  for all breaches of the conditions of such the bonds may not
 1027  provided herein shall in no event exceed the amount of the bond.
 1028  The original surety bond required by this section shall be filed
 1029  with the department.
 1030         (2) In lieu of maintaining the bond required in subsection
 1031  (1), the health studio may furnish to the department:
 1032         (a) An irrevocable letter of credit from a any foreign or
 1033  domestic bank in the amount of $25,000 $50,000; or
 1034         (b) A guaranty agreement that which is secured by a
 1035  certificate of deposit in the amount of $25,000 $50,000.
 1036  
 1037  The original letter of credit or certificate of deposit
 1038  submitted in lieu of the bond shall be filed with the
 1039  department. The department shall determine decide whether the
 1040  security furnished in lieu of bond by the health studio is in
 1041  compliance with the requirements of this section.
 1042         (4) If the health studio furnishes the department with
 1043  evidence satisfactory to the department that the aggregate
 1044  dollar amount of all current outstanding contracts of the health
 1045  studio is less than $5,000, the department may, at its
 1046  discretion, reduce the principal amount of the surety bond or
 1047  other sufficient financial responsibility required in
 1048  subsections (1) and (2) to a sum of not less than $10,000.
 1049  However, the health studio shall notify the department at any
 1050  time the aggregate dollar amount of such contracts exceeds
 1051  $5,000, the health studio shall so notify the department and
 1052  shall thereupon provide the bond or other documentation as
 1053  required in subsections (1) and (2). Health studios whose bonds
 1054  have been reduced must provide the department with an annually
 1055  updated list of members. The department shall raise the security
 1056  requirement to $25,000 for a health studio that fails Failure to
 1057  file an annual report will result in the department raising the
 1058  security requirement to $50,000.
 1059         Section 18. Subsection (4) of section 501.059, Florida
 1060  Statutes, is amended to read:
 1061         501.059 Telephone solicitation.—
 1062         (4)(a)A No telephone solicitor may not shall make or cause
 1063  to be made any unsolicited telephonic sales call to a any
 1064  residential, mobile, or telephonic paging device telephone
 1065  number if the number for that telephone appears in the then
 1066  current quarterly listing published by the department. A Any
 1067  telephone solicitor or person who offers for sale any consumer
 1068  information that which includes residential, mobile, or
 1069  telephonic paging device telephone numbers, except directory
 1070  assistance and telephone directories sold by telephone companies
 1071  and organizations exempt under s. 501(c)(3) or (6) of the
 1072  Internal Revenue Code, shall screen and exclude those numbers
 1073  that which appear on the division’s then-current “no sales
 1074  solicitation calls” list. This subsection does not apply to a
 1075  any person licensed pursuant to chapter 475 who calls an actual
 1076  or prospective seller or lessor of real property when such call
 1077  is made in response to a yard sign or other form of
 1078  advertisement placed by the seller or lessor.
 1079         (b) A person is in violation of this subsection if the
 1080  person initiates an outbound telephonic sales call to a consumer
 1081  who has previously communicated to the telephone solicitor that
 1082  he or she does not wish to receive an outbound telephone call:
 1083         1. Made by or on behalf of the seller whose goods or
 1084  services are being offered; or
 1085         2. Made by or on behalf of a charitable organization for
 1086  which a charitable contribution is being solicited.
 1087         Section 19. Subsections (1) and (2) of section 501.603,
 1088  Florida Statutes, are amended to read:
 1089         501.603 Definitions.—As used in this part, unless the
 1090  context otherwise requires, the term:
 1091         (1) “Commercial telephone solicitation” means:
 1092         (a) An unsolicited telephone call to a person initiated by
 1093  a commercial telephone seller or salesperson, or an automated
 1094  dialing machine used in accordance with the provisions of s.
 1095  501.059(7) for the purpose of inducing the person to purchase or
 1096  invest in consumer goods or services;
 1097         (b) Other communication with a person where:
 1098         1. A gift, award, or prize is offered; or
 1099         2. A telephone call response is invited; and
 1100         3. The salesperson intends to complete a sale or enter into
 1101  an agreement to purchase or invest in consumer goods or services
 1102  during the course of the telephone call; or
 1103         (c) Other communication with a person which represents a
 1104  price, quality, or availability of consumer goods or services
 1105  and which invites a response by telephone or which is followed
 1106  by a call to the person by a salesperson.
 1107  
 1108  For purposes of this section, “other communication” means a
 1109  written or oral notification or advertisement transmitted
 1110  through any means. Also, for purposes of this section, “invites
 1111  a response by telephone” does not mean the mere listing or
 1112  including of a telephone number in a notification or
 1113  advertisement.
 1114         (2) “Commercial telephone seller” means a any person who
 1115  engages in commercial telephone solicitation on his or her own
 1116  behalf or through salespersons, except that a commercial
 1117  telephone seller does not include any of the persons or entities
 1118  operating under a properly filed and valid affidavit of
 1119  exemption pursuant to exempted from this part by s. 501.604. A
 1120  commercial telephone seller does not include a salesperson as
 1121  defined in subsection (10). A commercial telephone seller
 1122  includes, but is not limited to, owners, operators, officers,
 1123  directors, partners, or other individuals engaged in the
 1124  management activities of a business entity pursuant to this
 1125  part.
 1126         Section 20. Subsections (4), (7), (10), (14), and (24) of
 1127  section 501.604, Florida Statutes, are amended to read:
 1128         501.604 Exemptions.—The provisions of this part, except ss.
 1129  501.608 and 501.616(6) and (7), do not apply to:
 1130         (4) A Any licensed securities, commodities, or investment
 1131  broker, dealer, or investment adviser, when soliciting within
 1132  the scope of his or her license, or a any licensed associated
 1133  person of a securities, commodities, or investment broker,
 1134  dealer, or investment adviser, when soliciting within the scope
 1135  of his or her license. As used in this section, “licensed
 1136  securities, commodities, or investment broker, dealer, or
 1137  investment adviser” means a person subject to license or
 1138  registration as such by the Securities and Exchange Commission,
 1139  by the Financial Industry Regulatory Authority National
 1140  Association of Securities Dealers or other self-regulatory
 1141  organization as defined by the Securities Exchange Act of 1934,
 1142  15 U.S.C. s. 78l, or by an official or agency of this or another
 1143  state or of any state of the United States. As used in this
 1144  section, “licensed associated person of a securities,
 1145  commodities, or investment broker, dealer, or investment
 1146  adviser” means an any associated person registered or licensed
 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.
 1152         (7) A Any supervised financial institution or parent,
 1153  subsidiary, or affiliate thereof operating within the scope of
 1154  the supervised activity. As used in this section, “supervised
 1155  financial institution” means a any commercial bank, trust
 1156  company, savings and loan association, mutual savings bank,
 1157  credit union, industrial loan company, consumer finance lender,
 1158  commercial finance lender, or insurer, provided that the
 1159  institution is subject to supervision by an official or agency
 1160  of this state, of any state, or of the United States. For the
 1161  purposes of this exemption, “affiliate” means a person who
 1162  directly, or indirectly through one or more intermediaries,
 1163  controls or is controlled by, or is under common control with, a
 1164  supervised financial institution.
 1165         (10) A business-to-business sale where:
 1166         (a) The commercial telephone seller has been lawfully
 1167  operating continuously for at least 3 years under the same
 1168  business name and has at least 50 percent of its dollar volume
 1169  consisting of repeat sales to existing businesses;
 1170         (b) The purchaser business intends to resell or offer for
 1171  purposes of advertisement or as a promotional item the property
 1172  or goods purchased; or
 1173         (c) The purchaser business intends to use the property or
 1174  goods purchased in a recycling, reuse, remanufacturing, or
 1175  manufacturing process.
 1176         (14) A telephone company subject to the provisions of
 1177  chapter 364, or affiliate thereof or its agents, or a
 1178  telecommunications business that which is regulated by the
 1179  Florida Public Service Commission, or a Federal Communications
 1180  Commission licensed cellular telephone company or other bona
 1181  fide radio telecommunication services provider. For the purposes
 1182  of this exemption, “affiliate” means a person who directly, or
 1183  indirectly through one or more intermediaries, controls or is
 1184  controlled by, or is under common control with, a telephone
 1185  company subject to the provisions of chapter 364.
 1186         (24) An entity that Any person which has been lawfully
 1187  providing telemarketing sales services continuously for at least
 1188  5 years under the same ownership and control and that which
 1189  derives 75 percent of its gross telemarketing sales revenues
 1190  from contracts with persons exempted in this section.
 1191         Section 21. Present paragraphs (c) through (h) of
 1192  subsection (1) of section 501.607, Florida Statutes, are
 1193  redesignated as paragraphs (b) through (g), respectively, and
 1194  present paragraph (b) of subsection (1) of that section is
 1195  amended, to read:
 1196         501.607 Licensure of salespersons.—
 1197         (1) An applicant for a license as a salesperson must submit
 1198  to the department, in such form as it prescribes, a written
 1199  application for a license. The application must set forth the
 1200  following information:
 1201         (b) Each business or occupation engaged in by the applicant
 1202  during the 3 years immediately preceding the date of the
 1203  application, and the location thereof.
 1204         Section 22. Paragraph (b) of subsection (1) and subsections
 1205  (2) and (3) of section 501.608, Florida Statutes, are amended to
 1206  read:
 1207         501.608 License or affidavit of exemption; occupational
 1208  license.—
 1209         (1)
 1210         (b) A Any commercial telephone seller that claims claiming
 1211  to be exempt from the act under s. 501.604(2), (3), (5), (6),
 1212  (9), (10), (11), (12), (17), (21), (22), (24), or (26) must file
 1213  with the department a notarized affidavit of exemption. The
 1214  affidavit of exemption must be on forms prescribed by the
 1215  department and must require the name of the commercial telephone
 1216  seller, the name of the business, and the business address. A
 1217  Any commercial telephone seller that maintains maintaining more
 1218  than one business may file a single notarized affidavit of
 1219  exemption that clearly indicates the location of each place of
 1220  business. If a change of ownership occurs, the commercial
 1221  telephone seller must notify the department. At the request of
 1222  the department, the commercial telephone seller shall provide
 1223  sales scripts, contracts, and other documentation in order to
 1224  determine if the affidavit of exemption is appropriate before
 1225  accepting such affidavit for filing.
 1226         (2) Each licensee or person operating under a valid and
 1227  appropriately filed exemption claiming an exemption shall
 1228  prominently display his or her license or a copy of his or her
 1229  receipt of filing of the affidavit of exemption at each location
 1230  where he or she does business. Each licensee or person claiming
 1231  an exemption shall make the license or the receipt of filing
 1232  copy of the affidavit of exemption available for inspection upon
 1233  request by a by any governmental agency upon request.
 1234         (3) Failure to obtain or display a license or a copy of the
 1235  receipt of filing of an affidavit of exemption is sufficient
 1236  grounds for the department to issue an immediate cease and
 1237  desist order, which acts shall act as an immediate final order
 1238  under s. 120.569(2)(n). The order shall may remain in effect
 1239  until the commercial telephone seller or a person claiming to be
 1240  exempt shows the authorities that he or she is properly licensed
 1241  or exempt. The department may order the business to cease
 1242  operations and shall order the phones to be shut off. Failure of
 1243  a salesperson to display a license may result in the salesperson
 1244  being summarily ordered by the department to leave the office
 1245  until he or she can produce a license for the department.
 1246         Section 23. Subsection (3) of section 501.611, Florida
 1247  Statutes, is amended to read:
 1248         501.611 Security.—
 1249         (3) The bond shall be posted with the department and must
 1250  remain in force throughout the period of licensure with the
 1251  department.
 1252         Section 24. Subsection (12) of section 501.615, Florida
 1253  Statutes, is amended to read:
 1254         501.615 Written contract; cancellation; refund.—
 1255         (12) A sale in which the consumer is given a full refund
 1256  for the return of undamaged and unused goods or in which a
 1257  cancellation of services notice is given to the seller within 7
 1258  days after the date of the sale is exempt from the requirements
 1259  of subsections (1)-(5). A commercial telephone seller or
 1260  salesperson engaged in activity regulated by chapter 721 must
 1261  comply with s. 721.205 Exempt from the requirements of
 1262  subsections (1)-(5) is any sale in which the consumer is given a
 1263  full refund for the return of undamaged and unused goods or a
 1264  cancellation of services notice is given to the seller, within 7
 1265  days after receipt of the goods or services by the consumer, and
 1266  the seller shall process the refund within 30 days after receipt
 1267  of the returned merchandise by the consumer.
 1268         Section 25. Subsection (1) of section 501.617, Florida
 1269  Statutes, is amended to read:
 1270         501.617 Investigative powers of enforcing authority.—
 1271         (1) If, by her or his own inquiries or as a result of
 1272  complaints, the enforcing authority has reason to believe that a
 1273  person has engaged in, or is engaging in, an act or practice
 1274  that violates the provisions of this part, she or he may
 1275  administer oaths and affirmations, subpoena witnesses or matter,
 1276  conduct regulatory inspections, and collect evidence. Within 10
 1277  days after the service of a subpoena or at any time before the
 1278  return date specified therein, whichever is longer, the party
 1279  served may file in the circuit court in the county in which she
 1280  or he resides or in which she or he transacts business and serve
 1281  upon the enforcing authority a petition for an order modifying
 1282  or setting aside the subpoena. The petitioner may raise an any
 1283  objection or privilege that which would be available under this
 1284  part or upon service of such subpoena in a civil action. The
 1285  subpoena must shall inform the party served of her or his rights
 1286  under this subsection.
 1287         Section 26. Subsection (10) is added to section 507.03,
 1288  Florida Statutes, to read:
 1289         507.03 Registration.—
 1290         (10) Upon the request of the department, each moving broker
 1291  shall provide a complete list of the movers it has contracted or
 1292  affiliated with, advertises on behalf of, arranges moves for, or
 1293  to which it refers shippers. Such list, at a minimum, must
 1294  include the mover’s complete name, address, telephone number,
 1295  email address, and name of the owner or other principal.
 1296         Section 27. Paragraph (b) of subsection (1) of section
 1297  507.04, Florida Statutes, is amended to read:
 1298         507.04 Required insurance coverages; liability limitations;
 1299  valuation coverage.—
 1300         (1) LIABILITY INSURANCE.—
 1301         (b) A mover that operates two or fewer vehicles, in lieu of
 1302  maintaining the liability insurance coverage required under
 1303  paragraph (a), may, and each moving broker must, maintain one of
 1304  the following alternative coverages:
 1305         1. A performance bond in the amount of $25,000, for which
 1306  the surety of the bond must be a surety company authorized to
 1307  conduct business in this state; or
 1308         2. A certificate of deposit in a Florida banking
 1309  institution in the amount of $25,000.
 1310  
 1311  The original bond or certificate of deposit must be filed with
 1312  the department and must designate the department as the sole
 1313  beneficiary. The department must use the bond or certificate of
 1314  deposit exclusively for the payment of claims to consumers who
 1315  are injured by the fraud, misrepresentation, breach of contract,
 1316  misfeasance, malfeasance, or financial failure of the mover or
 1317  moving broker or by a violation of this chapter by the mover or
 1318  broker. Liability for these injuries may be determined in an
 1319  administrative proceeding of the department or through a civil
 1320  action in a court of competent jurisdiction. However, claims
 1321  against the bond or certificate of deposit must only be paid, in
 1322  amounts not to exceed the determined liability for these
 1323  injuries, only by order of the department in an administrative
 1324  proceeding. The bond or certificate of deposit is subject to
 1325  successive claims, but the aggregate amount of these claims may
 1326  not exceed the amount of the bond or certificate of deposit.
 1327         Section 28. Subsections (7) and (8) are added to section
 1328  507.07, Florida Statutes, to read:
 1329         507.07 Violations.—It is a violation of this chapter to:
 1330         (7) Conduct business as a moving broker, advertise to
 1331  engage in the business of a moving broker, or offer to perform a
 1332  move through a subcontract or agreement with a mover who is not
 1333  registered with the department under this part.
 1334         (8) Conduct business as a mover, advertise to engage in the
 1335  business of moving, or offer to perform a move through a
 1336  subcontract or agreement with a moving broker who is not
 1337  registered with the department pursuant to the provisions on
 1338  this part.
 1339         Section 29. Paragraph (c) of subsection (1) of section
 1340  525.01, Florida Statutes, is amended to read:
 1341         525.01 Gasoline and oil to be inspected.—
 1342         (1) For the purpose of this chapter:
 1343         (c) “Alternative fuel” means:
 1344         1. Methanol, denatured ethanol, or other alcohols;
 1345         2. Mixtures of gasoline or other fuels with methanol,
 1346  denatured ethanol, or other alcohols Mixtures containing 85
 1347  percent or more by volume of methanol, denatured ethanol, or
 1348  other alcohols with gasoline or other fuels, or such other
 1349  percentage, but not less than 70 percent, as determined by the
 1350  department by rule, to provide for requirements relating to cold
 1351  start, safety, or vehicle functions;
 1352         3. Hydrogen;
 1353         4. Coal-derived liquid fuels; and
 1354         5. Fuels, other than alcohol, derived from biological
 1355  materials.
 1356         Section 30. Subsections (2) through (4) of section 525.09,
 1357  Florida Statutes, are repealed.
 1358         Section 31. Section 525.10, Florida Statutes, is amended to
 1359  read:
 1360         525.10 Moneys to be paid into State Treasury; Payment of
 1361  expenses.—All moneys payable under this chapter shall be payable
 1362  to the department and shall be paid by it into the State
 1363  Treasury monthly to be deposited into the General Inspection
 1364  Trust Fund. All expenses incurred in the enforcement of this
 1365  chapter and other inspection laws of this state for which fees
 1366  or taxes are collected, including acquiring equipment and other
 1367  property, shall be paid from the General Inspection Trust Fund.
 1368  No money may shall be paid to an any inspector or employee
 1369  created under this chapter except from the funds collected from
 1370  the administration of this chapter.
 1371         Section 32. Subsection (20) is added to section 527.01,
 1372  Florida Statutes, to read:
 1373         527.01 Definitions.—As used in this chapter:
 1374         (20) “License year” means the period from either September
 1375  1 through the following August 31, or April 1 through the
 1376  following March 31, depending upon the type of license.
 1377         Section 33. Subsections (1) and (3) and paragraphs (a) and
 1378  (c) of subsection (5) of section 527.0201, Florida Statutes, are
 1379  amended to read:
 1380         527.0201 Qualifiers; master qualifiers; examinations.—
 1381         (1) In addition to the requirements of s. 527.02, a any
 1382  person applying for a license to engage in the activities of a
 1383  pipeline system operator, category I liquefied petroleum gas
 1384  dealer, category II liquefied petroleum gas dispenser, category
 1385  IV liquefied petroleum gas dispenser and recreational vehicle
 1386  servicer, category V liquefied petroleum gases dealer for
 1387  industrial uses only, LP gas installer, specialty installer,
 1388  requalifier requalification of cylinders, or fabricator,
 1389  repairer, and tester of vehicles and cargo tanks must prove
 1390  competency by passing a written examination administered by the
 1391  department or its agent with a grade of at least 75 percent in
 1392  each area tested or above. Each applicant for examination shall
 1393  submit a $20 nonrefundable fee. The department shall by rule
 1394  specify the general areas of competency to be covered by each
 1395  examination and the relative weight to be assigned in grading
 1396  each area tested.
 1397         (3) Qualifier cards issued to category I liquefied
 1398  petroleum gas dealers and liquefied petroleum gas installers
 1399  shall expire 3 years after the date of issuance. All category I
 1400  liquefied petroleum gas dealer qualifiers and liquefied
 1401  petroleum gas installer qualifiers holding a valid qualifier
 1402  card upon the effective date of this act shall retain their
 1403  qualifier status until July 1, 2003, and may sit for the master
 1404  qualifier examination at any time during that time period. All
 1405  such category I liquefied petroleum gas dealer qualifiers and
 1406  liquefied petroleum gas installer qualifiers may renew their
 1407  qualification on or before July 1, 2003, upon application to the
 1408  department, payment of a $20 renewal fee, and documentation of
 1409  the completion of a minimum of 16 12 hours approved continuing
 1410  education courses, as defined by department rule, during the
 1411  previous 3-year period. Applications for renewal must be made 30
 1412  calendar days before prior to expiration. Persons failing to
 1413  renew before prior to the expiration date must reapply and take
 1414  a qualifier competency examination in order to reestablish
 1415  category I liquefied petroleum gas dealer qualifier and
 1416  liquefied petroleum gas installer qualifier status. If a
 1417  category I liquefied petroleum gas qualifier or liquefied
 1418  petroleum gas installer qualifier becomes a master qualifier at
 1419  any time during the effective date of the qualifier card, the
 1420  card remains shall remain in effect until expiration of the
 1421  master qualifier certification.
 1422         (5) In addition to all other licensing requirements, each
 1423  category I liquefied petroleum gas dealer and liquefied
 1424  petroleum gas installer must, at the time of application for
 1425  licensure, identify to the department one master qualifier who
 1426  is a full-time employee at the licensed location. The master
 1427  qualifier must This person shall be a manager, owner, or
 1428  otherwise primarily responsible for overseeing the operations of
 1429  the licensed location and must provide documentation to the
 1430  department as provided by rule. The master qualifier requirement
 1431  is shall be in addition to the requirements of subsection (1).
 1432         (a) In order to apply for certification as a master
 1433  qualifier, each applicant must be a category I liquefied
 1434  petroleum gas dealer qualifier or liquefied petroleum gas
 1435  installer qualifier, must be employed by a licensed category I
 1436  liquefied petroleum gas dealer, liquefied petroleum gas
 1437  installer, or applicant for such license, must provide
 1438  documentation of a minimum of 1 year’s work experience in the
 1439  gas industry, and must pass a master qualifier competency
 1440  examination. Master qualifier examinations shall be based on
 1441  Florida’s laws, rules, and adopted codes governing liquefied
 1442  petroleum gas safety, general industry safety standards, and
 1443  administrative procedures. The applicant must pass the
 1444  examination must be successfully completed by the applicant with
 1445  a grade of at least 75 percent or more. Each applicant for
 1446  master qualifier status shall submit to the department a
 1447  nonrefundable $30 examination fee before prior to the
 1448  examination.
 1449         (c) Master qualifier status expires shall expire 3 years
 1450  after the date of issuance of the certificate and may be renewed
 1451  by submission to the department of documentation of completion
 1452  of at least 16 12 hours of approved continuing education courses
 1453  during the 3-year period; proof of employment with a licensed
 1454  category I liquefied petroleum gas dealer, liquefied petroleum
 1455  gas installer, or applicant; and a $30 certificate renewal fee.
 1456  The department shall define, by rule, approved courses of
 1457  continuing education.
 1458         Section 34. Section 527.03, Florida Statutes, is amended to
 1459  read:
 1460         527.03 Annual renewal of license.—All licenses required
 1461  under this chapter shall be renewed annually subject to the
 1462  license fees prescribed in s. 527.02. With the exception of the
 1463  Category III Liquefied Petroleum Gas Cylinder Exchange Operator
 1464  license and the Dealer in Appliances and Equipment for Use of
 1465  Liquefied Petroleum Gas license, all licenses shall be renewed
 1466  for the period beginning September 1 and shall expire on the
 1467  following August 31 unless sooner suspended, revoked, or
 1468  otherwise terminated. All Category III Liquefied Petroleum Gas
 1469  Cylinder Exchange Operator licenses and Dealer in Appliances and
 1470  Equipment for Use of Liquefied Petroleum Gas licenses shall be
 1471  renewed for the period beginning April 1 and expire on the
 1472  following March 31 unless sooner suspended, revoked, or
 1473  otherwise terminated. A Any license allowed to expire becomes on
 1474  August 31 shall become inoperative because of failure to renew.
 1475  The fee for restoration of a license is equal to the original
 1476  license fee and must be paid before the licensee may resume
 1477  operations.
 1478         Section 35. Subsection (3) of section 531.415, Florida
 1479  Statutes, is amended to read:
 1480         531.415 Fees.—
 1481         (3) Any petroleum product taxed under s. 525.09 and any
 1482  Petroleum equipment that is used to measure petroleum fuel, as
 1483  defined in s. 525.01, and owned by a person licensed pursuant to
 1484  chapter 206 is exempt from the fees established in this section.
 1485         Section 36. Subsection (3) of section 531.61, Florida
 1486  Statutes, is amended to read:
 1487         531.61 Exemptions from permit requirement.—Commercial
 1488  weights or measures instruments or devices are exempt from the
 1489  permit requirements of ss. 531.60-531.66 if:
 1490         (3) The device is used exclusively for measuring aviation
 1491  fuel or petroleum products inspected taxed under chapter 525 s.
 1492  525.09.
 1493         Section 37. Section 40 of chapter 2009-66, Laws of Florida,
 1494  is amended to read:
 1495         Section 40. Sections 531.60, 531.61, 531.62, 531.63,
 1496  531.64, 531.65, and 531.66, Florida Statutes, as created by this
 1497  act, shall expire July 1, 2020 2014.
 1498         Section 38. Paragraph (c) of subsection (5) of section
 1499  539.001, Florida Statutes, is amended to read:
 1500         539.001 The Florida Pawnbroking Act.—
 1501         (5) APPLICATION FOR LICENSE.—
 1502         (c) Each initial application for a license must be
 1503  accompanied by a complete set of fingerprints taken by an
 1504  authorized law enforcement officer or a fingerprinting service
 1505  provider approved by the Department of Law Enforcement, $300 for
 1506  the first year’s license fee, and the actual cost to the agency
 1507  for fingerprint analysis for each person subject to the
 1508  eligibility requirements. The agency shall submit the
 1509  fingerprints to the Department of Law Enforcement for state
 1510  processing, and the Department of Law Enforcement shall forward
 1511  the fingerprints to the Federal Bureau of Investigation for a
 1512  national criminal history check. These fees and costs are not
 1513  refundable.
 1514         Section 39. Subsection (1) of section 559.802, Florida
 1515  Statutes, is amended to read:
 1516         559.802 Franchises; exemption.—
 1517         (1) The sale of a franchise is exempt from this part if:
 1518         (a) The franchise meets the definition of that term as
 1519  defined by the Federal Trade Commission regulations entitled,
 1520  “Disclosure Requirements and Prohibitions Concerning Franchising
 1521  and Business Opportunity Ventures,” as set forth in 16 C.F.R.
 1522  ss. 436.1 et seq.; and
 1523         (b) Before offering for sale or selling a franchise to be
 1524  located in this state or to a resident of this state, the
 1525  franchisor files a notice with the department stating that the
 1526  franchisor is in substantial compliance with the requirements of
 1527  the Federal Trade Commission rule, and pays a fee in an amount
 1528  set by the department, not exceeding $100. This notice shall be
 1529  filed on a form promulgated by the department.
 1530         Section 40. Section 559.803, Florida Statutes, is amended
 1531  to read:
 1532         559.803 Disclosure statement.—At least 3 working days prior
 1533  to the time the purchaser signs a business opportunity contract,
 1534  or at least 3 working days prior to the receipt of any
 1535  consideration by the seller, whichever occurs first, the seller
 1536  must provide the prospective purchaser a written document, the
 1537  cover sheet of which is entitled in at least 12-point boldfaced
 1538  capital letters “DISCLOSURES REQUIRED BY FLORIDA LAW.” Under
 1539  this title shall appear the following statement in at least 10
 1540  point type: “The State of Florida has not reviewed and does not
 1541  approve, recommend, endorse, or sponsor any business
 1542  opportunity. The information contained in this disclosure has
 1543  not been verified by the state. If you have any questions about
 1544  this investment, see an attorney before you sign a contract or
 1545  agreement.” Nothing except the title and required statement
 1546  shall appear on the cover sheet. Immediately following the cover
 1547  sheet, the seller must provide an index page that briefly lists
 1548  the contents of the disclosure document as required in this
 1549  section and any pages on which the prospective purchaser can
 1550  find each required disclosure. At the top of the index page, the
 1551  following statement must appear in at least 10-point type: “The
 1552  State of Florida requires sellers of business opportunities to
 1553  disclose certain information to prospective purchasers. This
 1554  index is provided to help you locate this information.” If the
 1555  index contains other information not required by this section,
 1556  the seller shall place a designation beside each of the
 1557  disclosures required by this section and provide an explanation
 1558  of the designation at the end of the statement at the top of the
 1559  index page. The disclosure document shall contain the following
 1560  information:
 1561         (1) The name of the seller; whether the seller is doing
 1562  business as an individual, partnership, corporation, or other
 1563  business entity; the names under which the seller has done
 1564  business; and the name of any parent or affiliated company that
 1565  will engage in business transactions with the purchasers or who
 1566  takes responsibility for statements made by the seller.
 1567         (2) The names, addresses, and titles of the seller’s
 1568  officers, directors, trustees, general partners, general
 1569  managers, and principal executives and of any other persons
 1570  charged with the responsibility for the seller’s business
 1571  activities relating to the sale of business opportunities.
 1572         (3) The length of time the seller has:
 1573         (a) Sold business opportunities; or
 1574         (b) Sold business opportunities involving the products,
 1575  equipment, supplies, or services currently being offered to the
 1576  purchaser.
 1577         (4) A full and detailed description of the actual services
 1578  that the business opportunity seller undertakes to perform for
 1579  the purchaser.
 1580         (5) A copy of a current (not older than 13 months)
 1581  financial statement of the seller, updated to reflect material
 1582  changes in the seller’s financial condition.
 1583         (6) If training is promised by the seller, a complete
 1584  description of the training, the length of the training, and the
 1585  cost or incidental expenses of that training, which cost or
 1586  expense the purchaser will be required to incur.
 1587         (7) If the seller promises services to be performed in
 1588  connection with the placement of the equipment, product, or
 1589  supplies at a location, the full nature of those services as
 1590  well as the nature of the agreements to be made with the owners
 1591  or managers of the location where the purchaser’s equipment,
 1592  product, or supplies will be placed.
 1593         (8) If the business opportunity seller is required to
 1594  secure a bond, guaranteed letter of credit, or certificate of
 1595  deposit pursuant to s. 559.807, either of the following
 1596  statements:
 1597         (a) “As required by Florida law, the seller has secured a
 1598  bond issued by ...., a surety company authorized to do business
 1599  in this state. Before signing a contract to purchase this
 1600  business opportunity, you should confirm the bond’s status with
 1601  the surety company.”; or
 1602         (b) “As required by Florida law, the seller has established
 1603  a guaranteed letter of credit or certificate of deposit
 1604  ...(number of account)... with ...(name and address of bank or
 1605  savings institution).... Before signing a contract to purchase
 1606  this business opportunity, you should confirm with the bank or
 1607  savings institution the current status of the guaranteed letter
 1608  of credit or certificate of deposit.”
 1609         (9) The following statement: “If the seller fails to
 1610  deliver the product, equipment, or supplies necessary to begin
 1611  substantial operation of the business within 45 days of the
 1612  delivery date stated in your contract, you may notify the seller
 1613  in writing and cancel your contract.”
 1614         (10) If the seller makes any statement concerning sales or
 1615  earnings or a range of sales or earnings that may be made
 1616  through this business opportunity, a statement disclosing:
 1617         (a) The total number of purchasers of business
 1618  opportunities involving the product, equipment, supplies, or
 1619  services being offered who have actually achieved sales of or
 1620  received earnings in the amount or range specified within 3
 1621  years prior to the date of the disclosure statement.
 1622         (b) The total number of purchasers of business
 1623  opportunities involving the product, equipment, supplies, or
 1624  services being offered within 3 years prior to the date of the
 1625  disclosure statement.
 1626         (11)(a) The total number of persons who purchased the
 1627  business opportunity being offered by the seller within the past
 1628  3 years.
 1629         (b) The names, addresses, and telephone numbers of the 10
 1630  persons who previously purchased the business opportunity from
 1631  the seller and who are geographically closest to the potential
 1632  purchaser.
 1633         (12) A statement disclosing who, if any, of the persons
 1634  listed in subsections (1) and (2):
 1635         (a) Has, at any time during the previous 10 fiscal years,
 1636  regardless of adjudication, been convicted of, or found guilty
 1637  of, or pled guilty or nolo contendere to, or has been
 1638  incarcerated within the last 10 years as a result of having
 1639  previously been convicted of, or found guilty of, or pled guilty
 1640  or nolo contendere to, a felony or a crime involving fraud,
 1641  theft, larceny, violation of any franchise or business
 1642  opportunity law or unfair or deceptive practices law,
 1643  embezzlement, fraudulent conversion, misappropriation of
 1644  property, or restraint of trade.
 1645         (b) Has, at any time during the previous 7 fiscal years,
 1646  been held liable in a civil action resulting in a final judgment
 1647  or has settled out of court any civil action or is a party to
 1648  any civil action involving allegations of fraud (including
 1649  violation of any franchise or business opportunity law or unfair
 1650  or deceptive practices law), embezzlement, fraudulent
 1651  conversion, misappropriation of property, or restraint of trade
 1652  or any civil action which was brought by a present or former
 1653  franchisee or franchisees and which involves or involved the
 1654  franchise relationship. However, only material individual civil
 1655  actions need be so listed pursuant to this paragraph, including
 1656  any group of civil actions which, irrespective of the
 1657  materiality of any single such action, in the aggregate is
 1658  material.
 1659         (c) Is subject to any currently effective state or federal
 1660  agency or court injunctive or restrictive order, or has been
 1661  subject to any administrative action in which an order by a
 1662  governmental agency was rendered, or is a party to a proceeding
 1663  currently pending in which such order is sought, relating to or
 1664  affecting business opportunities activities or the business
 1665  opportunity seller-purchaser relationship or involving fraud
 1666  (including violation of any franchise or business opportunity
 1667  law or unfair or deceptive practices law), embezzlement,
 1668  fraudulent conversion, misappropriation of property, or
 1669  restraint of trade.
 1670  
 1671  Such statement shall set forth the identity and location of the
 1672  court or agency; the date of conviction, judgment, or decision;
 1673  the penalty imposed; the damages assessed; the terms of
 1674  settlement or the terms of the order; and the date, nature, and
 1675  issuer of each such order or ruling. A business opportunity
 1676  seller may include a summary opinion of counsel as to any
 1677  pending litigation, but only if counsel’s consent to the use of
 1678  such opinion is included in the disclosure statement.
 1679         (13) A statement disclosing who, if any, of the persons
 1680  listed in subsections (1) and (2) at any time during the
 1681  previous 7 fiscal years has:
 1682         (a) Filed in bankruptcy.
 1683         (b) Been adjudged bankrupt.
 1684         (c) Been reorganized due to insolvency.
 1685         (d) Been a principal, director, executive officer, or
 1686  partner of any other person that has so filed or was so adjudged
 1687  or reorganized during or within 1 year after the period that
 1688  such person held such position in relation to such other person.
 1689  If so, the name and location of the person having so filed or
 1690  having been so adjudged or reorganized, the date thereof, and
 1691  any other material facts relating thereto shall be set forth.
 1692         (14) A copy of the business opportunity contract which the
 1693  seller uses as a matter of course and which is to be presented
 1694  to the purchaser at closing.
 1695  
 1696  Should any seller of business opportunities prepare a disclosure
 1697  statement pursuant to 16 C.F.R. ss. 436.1 et seq., a Trade
 1698  Regulation Rule of the Federal Trade Commission regarding
 1699  Disclosure Requirements and Prohibitions Concerning Franchising
 1700  and Business Opportunity Ventures, the seller may file that
 1701  disclosure statement in lieu of the document required pursuant
 1702  to this section. Should the seller be required pursuant to 16
 1703  C.F.R. to prepare any other documents to be presented to the
 1704  prospective purchaser, those documents shall also be filed with
 1705  the department.
 1706         Section 41. Section 559.805, Florida Statutes, is repealed.
 1707         Section 42. Subsection (2) of section 559.807, Florida
 1708  Statutes, is repealed.
 1709         Section 43. Present subsections (3) through (7) of section
 1710  559.813, Florida Statutes, are redesignated as subsections (2)
 1711  through (6), respectively, and present subsections (2), (5), and
 1712  (8) of that section are amended, to read:
 1713         559.813 Remedies; enforcement.—
 1714         (2)(a) The department may enter an order imposing one or
 1715  more of the penalties set forth in paragraph (b) if the
 1716  department finds that a seller or any of the seller’s principal
 1717  officers or agents:
 1718         1. Violated or is operating in violation of any of the
 1719  provisions of this part or of the rules adopted or orders issued
 1720  thereunder;
 1721         2. Made a material false statement in any application,
 1722  document, or record required to be submitted or retained under
 1723  this part;
 1724         3. Refused or failed, after notice, to produce any document
 1725  or record or disclose any information required to be produced or
 1726  disclosed under this part or the rules of the department;
 1727         4. Made a material false statement in response to any
 1728  request or investigation by the department, the Department of
 1729  Legal Affairs, or the state attorney; or
 1730         5. Has intentionally defrauded the public through dishonest
 1731  or deceptive means.
 1732         (b) Upon a finding as set forth in paragraph (a), the
 1733  department may enter an order doing one or more of the
 1734  following:
 1735         1. Issuing a notice of noncompliance pursuant to s.
 1736  120.695.
 1737         2. Imposing an administrative fine not to exceed $5,000 per
 1738  violation for each act which constitutes a violation of this
 1739  part or a rule or order.
 1740         3. Directing that the seller or its principal officers or
 1741  agents cease and desist specified activities.
 1742         4. Refusing to issue or revoking or suspending an
 1743  advertisement identification number.
 1744         5. Placing the registrant on probation for a period of
 1745  time, subject to such conditions as the department may specify.
 1746         (c) The administrative proceedings which could result in
 1747  the entry of an order imposing any of the penalties specified in
 1748  paragraph (b) shall be conducted in accordance with chapter 120.
 1749         (4)(5) The Department of Legal Affairs, the Department of
 1750  Agriculture and Consumer Services, or the state attorney, if a
 1751  violation of this part occurs in her or his judicial circuit, is
 1752  are the enforcing authority authorities for purposes of this
 1753  part, and they may bring civil actions in circuit court for
 1754  temporary or permanent injunctive relief and may seek other
 1755  appropriate civil relief, including, but not limited to, a civil
 1756  penalty not to exceed $5,000 for each violation, restitution and
 1757  damages for injured purchasers of business opportunities, and
 1758  court costs and reasonable attorney attorney’s fees.
 1759         (8) The department has the authority to adopt rules
 1760  pursuant to chapter 120 to implement this part.
 1761         Section 44. Section 559.815, Florida Statutes, is amended
 1762  to read:
 1763         559.815 Penalties.—A Any person who fails to file with the
 1764  department as required by s. 559.805 or who commits an act
 1765  described in s. 559.809 is guilty of a felony of the third
 1766  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1767  775.084.
 1768         Section 45. Subsection (1) of section 559.9221, Florida
 1769  Statutes, is amended to read:
 1770         559.9221 Motor Vehicle Repair Advisory Council.—The Motor
 1771  Vehicle Repair Advisory Council is created to advise and assist
 1772  the department in carrying out this part.
 1773         (1) The membership of the council may not exceed 9 11
 1774  members appointed by the Commissioner of Agriculture.
 1775         (a) Six Eight industry members of the council must be
 1776  chosen from individuals already engaged in the motor vehicle
 1777  repair business who are eligible to be registered under this
 1778  part. The professional members of this council must be licensed
 1779  under this part. The commissioner shall select one industry
 1780  member from each of the following categories:
 1781         1. Independent automotive mechanics shops.
 1782         2. Franchise or company-owned automotive mechanics shops.
 1783         3. Automotive Independent automotive collision shops.
 1784         4. Franchise or company-owned automotive collision shops.
 1785         4.5.Tire dealers Independent tire dealer.
 1786         6. Franchise or company-owned tire dealer.
 1787         5.7. Independent motor vehicle dealers dealer licensed
 1788  under s. 320.27.
 1789         6.8. Franchise motor vehicle dealers dealer licensed under
 1790  s. 320.27.
 1791         (b) One member of the council may be chosen from persons
 1792  already engaged in motor vehicle repair service.
 1793         (c) Two consumer members of the council must be residents
 1794  of this state and may must not be connected with the motor
 1795  vehicle repair business.
 1796         (d) As terms of the members expire, the commissioner shall
 1797  appoint successors for terms of 4 years. Members shall serve
 1798  from the time of their appointment until their successors are
 1799  appointed.
 1800         Section 46. Paragraphs (a) and (b) of subsection (9) of
 1801  section 616.242, Florida Statutes, are amended to read:
 1802         616.242 Safety standards for amusement rides.—
 1803         (9) INSURANCE REQUIREMENTS.—
 1804         (a) An owner may not operate an amusement ride unless the
 1805  owner has in effect, at all times of operation, an insurance
 1806  meeting the following requirements:
 1807         1. An insurance policy in an amount of not less than $1
 1808  million per occurrence, $1 million in the aggregate, which
 1809  insures the owner of the amusement ride against liability for
 1810  injury to persons arising out of the use of the amusement ride.;
 1811  or
 1812         2. A bond in a like amount; however, the aggregate
 1813  liability of the surety under the bond may not exceed the face
 1814  amount thereof.
 1815         (b) The policy or bond must be procured from an insurer or
 1816  surety that is licensed to transact business in this state or
 1817  that is approved as a surplus lines insurer.
 1818         Section 47. Subsection (9) is added to section 721.20,
 1819  Florida Statutes, to read:
 1820         721.20 Licensing requirements; suspension or revocation of
 1821  license; exceptions to applicability; collection of advance fees
 1822  for listings unlawful.—
 1823         (9) A person who meets the definition of a commercial
 1824  telephone seller or salesperson as defined in s. 501.603 must be
 1825  licensed under part IV of chapter 501 before doing business in
 1826  this state under this chapter.
 1827         Section 48. This act shall take effect July 1, 2013.