Florida Senate - 2013 SB 1040
By Senator Stargel
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.
151 Be It Enacted by the Legislature of the State of Florida:
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):
(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 shal l 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
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.
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
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.
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
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
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.
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
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
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.
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
466 496.405 Registration statements by charitable organizations
467 and sponsors.—
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
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
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
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
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
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
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
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
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:
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.”
909 If The statement must include a toll-free number for the
910 division that can be used to obtain the registration
911 information . W hen 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.
926 If the solicitation consists of more than a single item, the
927 statement shall be displayed prominently in the solicitation
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
974 (a) Issuing a notice of noncompliance pursuant to s.
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
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.
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.
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.
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
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
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
1207 501.608 License or affidavit of exemption; occupational
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
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.
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
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
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
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
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
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.
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
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
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
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
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
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
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.
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.
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
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
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.
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
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. ;
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.