Florida Senate - 2014 CS for SB 1018
By the Committee on Commerce and Tourism; and Senator Detert
577-02387-14 20141018c1
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 493.6108, F.S.;
4 removing the requirement that an applicant for private
5 investigative, private security, and repossession
6 services provide a written statement by a fingerprint
7 technician or licensed physician under certain
8 conditions; amending s. 493.6113, F.S.; revising
9 recertification training requirements for Class “G”
10 licensees; amending s. 493.6115, F.S.; adding specific
11 handguns to the list of firearms a Class “G” licensee
12 may carry while performing his or her duties; amending
13 s. 493.6305, F.S.; authorizing specified Class “D”
14 licensees to carry an authorized concealed firearm
15 under certain circumstances; amending s. 501.016,
16 F.S.; requiring a health studio to maintain a bond in
17 favor of the department, rather than the state;
18 authorizing liability for specified injuries to be
19 determined in an administrative proceeding or through
20 a civil action; providing that certain claims may be
21 paid only upon an order of the department issued in an
22 administrative proceeding; requiring that a claim
23 against the bond be filed on a form affidavit adopted
24 by rule of the department; providing the process by
25 which a consumer may file a claim against a bond or
26 other form of security; requiring a health studio to
27 pay the department indebtedness determined by final
28 order within 30 days; providing the process by which
29 the department may make a demand if the health studio
30 fails to timely make the payment; providing that the
31 department shall be awarded attorney fees and costs in
32 certain circumstances; repealing ss. 501.057,
33 501.0571, 501.0573, 501.0575, 501.0577, 501.0579, and
34 501.0581, F.S., relating to the Commercial Weight-Loss
35 Practices Act; repealing s. 501.0583, F.S., relating
36 to selling, delivering, bartering, furnishing, or
37 giving weight-loss pills to persons younger than 18
38 years of age and related penalties and defense;
39 amending s. 501.059, F.S.; prohibiting a telephone
40 solicitor or a person from initiating an outbound
41 telephone call to a consumer, a donor, or a potential
42 donor under certain circumstances; repealing s.
43 501.143, F.S., relating to the Dance Studio Act;
44 amending s. 501.603, F.S.; defining the term “novelty
45 payment”; conforming a cross-reference; amending s.
46 501.611, F.S.; requiring the bond required of a
47 commercial telephone seller to be in favor of the
48 department for the use and benefit of a purchaser who
49 is injured by specified acts; requiring that a claim
50 against the bond be filed on a form affidavit adopted
51 by rule of the department; providing procedures that a
52 purchaser must follow in filing a claim against the
53 bond or other form of security; providing for payment
54 of indebtedness by the commercial telephone seller to
55 the department; requiring the department to make
56 demand on a surety if a commercial telephone seller
57 fails to pay certain indebtedness within 30 days and
58 providing a process; providing that attorney fees and
59 costs must be awarded to the department in certain
60 circumstances; conforming provisions to changes made
61 by the act; amending s. 501.616, F.S.; prohibiting a
62 commercial telephone seller or salesperson from
63 accepting a novelty payment; deleting a provision that
64 prohibits a commercial telephone seller or salesperson
65 from requiring payment to be made by credit card;
66 amending s. 501.913, F.S.; providing that the
67 registration certificate for each brand of antifreeze
68 distributed in this state expires 1 year from the date
69 of issue; amending s. 525.16, F.S.; requiring all
70 previous fines to be disregarded if a new violation of
71 provisions relating to gasoline and oil inspections
72 has not occurred within 3 years after the date of a
73 previous violation; creating s. 526.015, F.S.,
74 relating to lubricating oil standards and labeling
75 requirements; prohibiting a person from selling,
76 distributing, or offering for sale or distribution
77 lubricating oil that does not meet specified standards
78 or labeling requirements; requiring such noncompliant
79 products to be placed under a stop-sale order and the
80 lot identified and tagged by the department;
81 prohibiting a person from selling, distributing, or
82 offering for sale or distribution a product under
83 stop-sale order; requiring the department to issue a
84 release order under certain circumstances; repealing
85 s. 526.50(6), F.S., relating to definition of terms
86 related to the sale of brake fluid; amending s.
87 526.51, F.S.; providing that a permit authorizing a
88 registrant to sell brake fluid in this state is valid
89 for a specified period from the date of issue;
90 conforming provisions to changes made by the act;
91 amending s. 539.001, F.S.; requiring that a claim
92 against the bond be filed on a form affidavit adopted
93 by rule of the department; providing the procedure
94 that a consumer must follow in filing a claim against
95 a bond or other form of security filed with the
96 department by a pawnbroker; providing for payment of
97 indebtedness by the pawnbroker to the department;
98 providing the procedure that a consumer must follow if
99 the pawnbroker fails to make the payment; providing
100 that the agency shall be awarded attorney fees and
101 costs in certain circumstances; requiring the weight
102 of a precious metal to be obtained from a device that
103 meets specified requirements; amending s. 559.929,
104 F.S.; requiring that a claim against the bond be filed
105 on a form affidavit adopted by rule of the department;
106 providing the procedure that a consumer must follow in
107 filing a claim against a bond or other form of
108 security filed with the department by a seller of
109 travel; providing for payment of indebtedness by the
110 seller of travel to the department; providing
111 procedures that the agency must follow if the seller
112 of travel fails to pay certain indebtedness within 30
113 days and providing a process; providing that the
114 agency shall be awarded attorney fees and costs in
115 certain circumstances; amending s. 943.059, F.S.;
116 providing an exception relating to the acknowledgement
117 of arrests covered by a sealed criminal history record
118 for a person seeking to be licensed to carry a
119 concealed weapon or concealed firearm; providing
120 applicability; amending ss. 205.1969 and 501.015,
121 F.S.; conforming cross-references; providing effective
122 dates.
123
124 Be It Enacted by the Legislature of the State of Florida:
125
126 Section 1. Paragraph (a) of subsection (1) of section
127 493.6108, Florida Statutes, is amended to read:
128 493.6108 Investigation of applicants by Department of
129 Agriculture and Consumer Services.—
130 (1) Except as otherwise provided, the department must
131 investigate an applicant for a license under this chapter before
132 it may issue the license. The investigation must include:
133 (a)1. An examination of fingerprint records and police
134 records. If a criminal history record check of an any applicant
135 under this chapter is performed by means of fingerprint
136 identification, the time limitations prescribed by s. 120.60(1)
137 shall be tolled while during the time the applicant’s
138 fingerprints are under review by the Department of Law
139 Enforcement or the United States Department of Justice, Federal
140 Bureau of Investigation.
141 2. If a legible set of fingerprints, as determined by the
142 Department of Law Enforcement or the Federal Bureau of
143 Investigation, cannot be obtained after two attempts, the
144 Department of Agriculture and Consumer Services may determine
145 the applicant’s eligibility based on upon a criminal history
146 record check under the applicant’s name conducted by the Federal
147 Bureau of Investigation Department of Law Enforcement if the
148 fingerprints are taken by a law enforcement agency or the
149 department and the applicant submits a written statement signed
150 by the fingerprint technician or a licensed physician stating
151 that there is a physical condition that precludes obtaining a
152 legible set of fingerprints or that the fingerprints taken are
153 the best that can be obtained.
154 Section 2. Paragraph (b) of subsection (3) of section
155 493.6113, Florida Statutes, is amended to read:
156 493.6113 Renewal application for licensure.—
157 (3) Each licensee is responsible for renewing his or her
158 license on or before its expiration by filing with the
159 department an application for renewal accompanied by payment of
160 the prescribed license fee.
161 (b) Each Class “G” licensee shall additionally submit proof
162 that he or she has received during each year of the license
163 period a minimum of 4 hours of firearms recertification training
164 taught by a Class “K” licensee and has complied with such other
165 health and training requirements that which the department
166 adopts shall adopt by rule. Proof of completion of firearms
167 recertification training shall be submitted to the department
168 upon completion of the training. If the licensee fails to
169 complete the required 4 hours of annual training during
170 documentation of completion of the required training is not
171 submitted by the end of the first year of the 2-year term of the
172 license, the individual’s license shall be automatically
173 suspended until proof of the required training is submitted to
174 the department. The licensee must complete the minimum number of
175 hours of range and classroom training required at the time of
176 initial licensure and submit proof of having completed such
177 training to the department before the license may be reinstated.
178 If the licensee fails to complete the required 4 hours of annual
179 training during documentation of completion of the required
180 training is not submitted by the end of the second year of the
181 2-year term of the license, the licensee must complete the
182 minimum number of hours of range and classroom training required
183 at the time of initial licensure and submit proof of having
184 completed such training to the department before the license may
185 shall not be renewed unless the renewal applicant completes the
186 minimum number of hours of range and classroom training required
187 at the time of initial licensure. The department may waive the
188 firearms training requirement if:
189 1. The applicant provides proof that he or she is currently
190 certified as a law enforcement officer or correctional officer
191 under the Criminal Justice Standards and Training Commission and
192 has completed law enforcement firearms requalification training
193 annually during the previous 2 years of the licensure period;
194 2. The applicant provides proof that he or she is currently
195 certified as a federal law enforcement officer and has received
196 law enforcement firearms training administered by a federal law
197 enforcement agency annually during the previous 2 years of the
198 licensure period; or
199 3. The applicant submits a valid firearm certificate among
200 those specified in s. 493.6105(6)(a) and provides proof of
201 having completed requalification training during the previous 2
202 years of the licensure period.
203 Section 3. Subsection (6) of section 493.6115, Florida
204 Statutes, is amended to read:
205 493.6115 Weapons and firearms.—
206 (6) In addition to any other firearm approved by the
207 department, a licensee who has been issued a Class “G” license
208 may carry a .38 caliber revolver; or a .380 caliber or 9
209 millimeter semiautomatic pistol; or a .357 caliber revolver with
210 .38 caliber ammunition only; a .40 caliber handgun; or a .45 ACP
211 handgun while performing duties authorized under this chapter. A
212 No licensee may not carry more than two firearms upon her or his
213 person when performing her or his duties. A licensee may only
214 carry a firearm of the specific type and caliber with which she
215 or he is qualified pursuant to the firearms training described
216 referenced in subsection (8) or s. 493.6113(3)(b).
217 Section 4. Subsection (4) is added to section 493.6305,
218 Florida Statutes, to read:
219 493.6305 Uniforms, required wear; exceptions.—
220 (4) Class “D” licensees who are also Class “G” licensees
221 and who are performing bodyguard or executive protection
222 services may carry their authorized firearm concealed while
223 wearing plain clothes as needed to provide contracted services
224 to the client.
225 Section 5. Section 501.016, Florida Statutes, is amended to
226 read:
227 501.016 Health studios; security requirements.—Each health
228 studio that sells contracts for health studio services shall
229 meet the following requirements:
230 (1) Each health studio shall maintain for each separate
231 business location a bond issued by a surety company admitted to
232 do business in this state. The principal sum of the bond must
233 shall be $25,000, and the bond, when required, must shall be
234 obtained before a business tax receipt may be issued under
235 chapter 205. Upon issuance of a business tax receipt, the
236 licensing authority shall immediately notify the department of
237 such issuance in a manner established by the department by rule.
238 The bond must shall be in favor of the department state for the
239 benefit of any person injured as a result of a violation of ss.
240 501.012-501.019. Liability for such injuries may be determined
241 in an administrative proceeding of the department pursuant to
242 chapter 120 or through a civil action. However, claims against
243 the bond or certificate of deposit may be paid, in amounts up to
244 the determined liability for such injuries, only by order of the
245 department in an administrative proceeding pursuant to chapter
246 120. The aggregate liability of the surety to all persons for
247 all breaches of the conditions of the bonds provided by this
248 section may not herein shall in no event exceed the amount of
249 the bond. The original surety bond required by this section
250 shall be filed with the department on a form adopted by
251 department rule.
252 (2) In lieu of maintaining the bond required in subsection
253 (1), the health studio may furnish to the department on a form
254 adopted by department rule:
255 (a) An irrevocable letter of credit from any foreign or
256 domestic bank in the amount of $25,000; or
257 (b) A guaranty agreement that is secured by a certificate
258 of deposit in the amount of $25,000.
259
260 The original letter of credit or certificate of deposit
261 submitted in lieu of the bond shall be filed with the
262 department. The department shall decide whether the security
263 furnished in lieu of bond by the health studio complies is in
264 compliance with the requirements of this section.
265 (3) A consumer may file a claim against the bond or other
266 form of security. Such claim must be submitted to the department
267 in writing on a form affidavit approved by department rule
268 within 120 days after an alleged injury has occurred or is
269 discovered to have occurred or a judgment has been entered. The
270 proceedings shall be conducted in accordance with chapter 120.
271 For proceedings conducted under ss. 120.569 and 120.57, the
272 department may act only as a nominal party.
273 (4) The health studio shall pay to the department for
274 distribution to the consumer any indebtedness determined by
275 final order of the department within 30 days after the order is
276 entered. If the health studio fails to make timely payment, the
277 department shall make demand upon the surety, which may include
278 an institution issuing a letter of credit or depository on a
279 certificate of deposit. If a surety fails to comply with a
280 demand for payment issued pursuant to a final order, the
281 department may file an action in circuit court pursuant to s.
282 120.69 to recover payment up to the amount of the bond or other
283 form of security. If the court affirms the department’s demand
284 for payment from the surety, the department shall be awarded
285 court costs and reasonable attorney fees.
286 (5)(3) A health studio that which sells contracts for
287 future health studio services and which collects direct payment
288 on a monthly basis for those services is shall be exempt from
289 the security requirements of subsections (1) and (2) if provided
290 that any service fee charged is a reasonable and fair service
291 fee. The number of monthly payments in such a contract must
292 shall be equal to the number of months in the contract. The
293 contract must shall conform to all the requirements for future
294 health studio services contracts as specified in ss. 501.012
295 501.019 and must shall specify in the terms of the contract the
296 charges to be assessed for those health studio services.
297 (6)(4) If the health studio furnishes the department with
298 evidence satisfactory to the department that the aggregate
299 dollar amount of all current outstanding contracts of the health
300 studio is less than $5,000, the department may, at its
301 discretion, reduce the principal amount of the surety bond or
302 other sufficient financial responsibility required in
303 subsections (1) and (2) to a sum of at least not less than
304 $10,000. However, at any time the aggregate dollar amount of
305 such contracts exceeds $5,000, the health studio shall so notify
306 the department and shall thereupon provide the bond or other
307 documentation as required in subsections (1) and (2). Health
308 studios whose bonds have been reduced shall must provide the
309 department with an annually updated list of members. Failure to
310 file an annual report will result in The department shall
311 increase raising the security requirement to $25,000 for a
312 health studio that fails to file an annual report.
313 (7)(5) Each health studio shall furnish the department with
314 a copy of the escrow account which would contain all funds
315 received for future consumer services, whether provided under by
316 contract or otherwise, sold before prior to the business
317 location’s full operation and specify a date certain for
318 opening, if such an escrow account is established.
319 (8)(6) Subsections (1) and (2) do shall not apply to a
320 health studio that has been operating in compliance with ss.
321 501.012-501.019 and rules adopted thereunder, continuously under
322 the same ownership and control, continuously for the most recent
323 5-year period; in compliance with ss. 501.012-501.019 and the
324 rules adopted thereunder and that has not had any civil,
325 criminal, or administrative adjudication against it by any state
326 or federal agency; and that has a satisfactory consumer
327 complaint history. As used in this subsection, the term
328 “satisfactory consumer complaint history” means that there are
329 no unresolved consumer complaints regarding the health studio
330 are on file with the department. A consumer complaint is
331 unresolved if a health studio has not responded to the
332 department’s efforts to mediate the complaint or if there has
333 been an adjudication that the health studio has violated ss.
334 501.012-501.019 or the rules adopted thereunder. Such exemption
335 extends to all current and future business locations of an
336 exempt health studio.
337 (9)(7) This section does not apply to a business, otherwise
338 defined as a health studio, which sells a single contract of 30
339 days or less to a any member without any option for renewal or
340 any other condition that which establishes any right in the
341 member beyond the term of such contract is exempt from the
342 provisions of this section. However, this exemption does shall
343 not apply if the business offers any other health studio
344 contract, regardless of whatever duration, at any time before or
345 during or prior to the existence of such single contract of 30
346 days or less.
347 (10)(8) Except in the case of a natural disaster or an act
348 of God, a health studio that is exempt from the requirements of
349 subsections (1) and (2), but does not have any that has no
350 business locations open for 14 consecutive days, waives its
351 exemption and is considered to be a new health studio for the
352 purposes of ss. 501.012-501.019.
353 Section 6. Sections 501.057, 501.0571, 501.0573, 501.0575,
354 501.0577, 501.0579, and 501.0581, Florida Statutes, are
355 repealed.
356 Section 7. Section 501.0583, Florida Statutes, is repealed.
357 Section 8. Subsection (5) of section 501.059, Florida
358 Statutes, is amended to read:
359 501.059 Telephone solicitation.—
360 (5) A telephone solicitor or person may not initiate an
361 outbound telephone call to a consumer, donor, or potential donor
362 who has previously communicated to the telephone solicitor or
363 person that he or she does not wish to receive an outbound
364 telephone call:
365 (a) Made by or on behalf of the seller whose goods or
366 services are being offered; or
367 (b) Made on behalf of a charitable organization for which a
368 charitable contribution is being solicited.
369 Section 9. Section 501.143, Florida Statutes, is repealed.
370 Section 10. Present subsections (8) through (11) of section
371 501.603, Florida Statutes, are redesignated as subsections (9)
372 through (12), respectively, a new subsection (8) is added to
373 that section, and subsection (2) of that section is amended, to
374 read:
375 501.603 Definitions.—As used in this part, unless the
376 context otherwise requires, the term:
377 (2) “Commercial telephone seller” means a person who
378 engages in commercial telephone solicitation on his or her own
379 behalf or through salespersons. The term, except that a
380 commercial telephone seller does not include a salesperson as
381 defined in subsection (11) or a person or entity operating under
382 a valid affidavit of exemption filed with the department
383 according to s. 501.608(1)(b) or exempted from this part by s.
384 501.604. The term A commercial telephone seller does not include
385 a salesperson as defined in subsection (10). A commercial
386 telephone seller includes, but is not limited to, owners,
387 operators, officers, directors, partners, or other individuals
388 engaged in the management activities of a business entity
389 pursuant to this part.
390 (8) “Novelty payment” means a payment method that does not
391 provide a means of systematic monitoring to detect and deter
392 fraud. The term includes, but is not limited to, the following
393 payment devices:
394 (a) A remotely created check, which is a check that is not
395 created by the paying bank and that does not bear the signature
396 of the person on whose account the check is drawn.
397 (b) A remotely created payment order, which is a payment
398 instruction or order drawn on a person’s account which is
399 initiated or created by the payee and which does not bear the
400 signature of the person on whose account the order is drawn and
401 which is cleared through the check clearing system.
402 (c) A cash-to-cash money transfer, which is the electronic
403 transfer of the value of cash received from one person to
404 another person in a different location which is sent by a money
405 transfer provider and received in the form of cash. As used in
406 this paragraph, the term “money transfer provider” means a
407 person or financial institution that provides cash-to-cash money
408 transfers for a person in the normal course of business,
409 regardless of whether the person holds an account with such
410 person or financial institution.
411 (d) A cash reload mechanism, which is a system that makes
412 it possible to convert cash into an electronic form which a
413 person can use to add money to a general-use prepaid card or an
414 online account with a payment intermediary. As used in this
415 paragraph, the term “mechanism” means a system that is purchased
416 by a person on a prepaid basis, that enables access to the funds
417 via an authorization code or other security measure, and that is
418 not directly used as a general-use prepaid card.
419 Section 11. Section 501.611, Florida Statutes, is amended
420 to read:
421 501.611 Security.—
422 (1) An application filed pursuant to s. 501.605 must be
423 accompanied by:
424 (a) A bond executed by a corporate surety approved by the
425 department and licensed to do business in this state;
426 (b) An irrevocable letter of credit issued for the benefit
427 of the applicant by a bank whose deposits are insured by an
428 agency of the Federal Government; or
429 (c) A certificate of deposit in a financial institution
430 insured by an agency of the Federal Government, which may be
431 withdrawn only on the order of the department, except that the
432 interest may accrue to the applicant.
433 (2) The amount of the bond, letter of credit, or
434 certificate of deposit must be a minimum of $50,000, and the
435 bond, letter of credit, or certificate of deposit must be in
436 favor of the department for the use and benefit of any purchaser
437 who is injured by the fraud, misrepresentation, breach of
438 contract, financial failure, or violation of this part by the
439 applicant must be conditioned upon compliance by the applicant
440 with the provisions of this part. The department may, at its
441 discretion, establish a bond of a greater amount to ensure the
442 general welfare of the public and the interests of the
443 telemarketing industry.
444 (3) The bond shall be posted with the department on a form
445 adopted by and shall remain in force throughout the period of
446 licensure with the department rule and shall remain in force
447 throughout the period of licensure.
448 (4) The department or a any governmental agency, on behalf
449 of an any injured purchaser or a any purchaser herself or
450 himself who is injured by the bankruptcy of the applicant or her
451 or his breach of any agreement entered into in her or his
452 capacity as a licensee, may bring and maintain an action to
453 recover against the bond, letter of credit, or certificate of
454 deposit.
455 (5) A purchaser may file a claim against the bond or other
456 form of security. Such claim must be submitted to the department
457 in writing on a form affidavit approved by department rule
458 within 120 days after an alleged injury has occurred or is
459 discovered to have occurred or a judgment has been entered. The
460 proceedings shall be conducted in accordance with chapter 120.
461 For proceedings conducted under ss. 120.569 and 120.57, the
462 department must act only as a nominal party.
463 (6) The commercial telephone seller shall pay to the
464 department for distribution to the consumer any indebtedness
465 determined by final order of the department within 30 days after
466 the order is entered. If the commercial telephone seller fails
467 to make timely payment, the department shall make demand upon
468 the surety, which may include an institution issuing a letter of
469 credit or depository on a certificate of deposit. If a surety
470 fails to comply with a demand for payment issued pursuant to a
471 final order, the department may file an action in circuit court
472 pursuant to s. 120.69 to recover payment up to the amount of the
473 bond or other form of security. If the court affirms the
474 department’s demand for payment from the surety, the department
475 shall be awarded all court costs and reasonable attorney fees.
476 Section 12. Section 501.616, Florida Statutes, is amended
477 to read:
478 501.616 Unlawful acts and practices.—
479 (1) A It shall be unlawful for any commercial telephone
480 seller or salesperson may not directly or indirectly accept a
481 novelty payment as defined by s. 501.603(8) or rule as payment
482 for goods or services offered or sold through telemarketing to
483 require that payment be by credit card authorization or
484 otherwise to announce a preference for that method of payment.
485 (2) A It shall be unlawful for any commercial telephone
486 seller may not to employ, or be affiliated with an, any
487 unlicensed salesperson.
488 (3) A It shall be unlawful for any salesperson may not to
489 be employed by, or affiliated with, an unlicensed commercial
490 telephone seller.
491 (4) A It shall be unlawful for any commercial telephone
492 seller or salesperson must to be licensed unlicensed.
493 (5) A It shall be unlawful for any salesperson or
494 commercial telephone seller may not to otherwise violate the
495 provisions of this part.
496 (6) A It shall be unlawful for any commercial telephone
497 seller or salesperson may not to make a commercial telephone
498 solicitation phone call before 8 8:00 a.m. or after 9 9:00 p.m.
499 local time at the called person’s location.
500 (7) A It shall be unlawful for any commercial telephone
501 seller or salesperson making a commercial telephone solicitation
502 call may not intentionally act telephonic solicitations to take
503 any intentional action to prevent transmission of the telephone
504 solicitor’s name or telephone number to the party called when
505 the equipment or service used by the telephone solicitor is
506 capable of creating and transmitting the telephone solicitor’s
507 name or telephone number.
508 Section 13. Subsection (1) of section 501.913, Florida
509 Statutes, is amended to read:
510 501.913 Registration.—
511 (1) Each brand of antifreeze to be distributed in this
512 state shall be registered with the department before
513 distribution. The person whose name appears on the label, the
514 manufacturer, or the packager shall make application annually to
515 the department on forms provided by the department no later than
516 July 1 of each year. The registration certificate expires 1 year
517 from the date of issue. The registrant assumes, by application
518 to register the brand, full responsibility for the registration
519 and the, quality, and quantity of the product sold, offered, or
520 exposed for sale in this state. If a registered brand is not in
521 production for distribution in this state, and to ensure any
522 remaining product that is still available for sale in this the
523 state is properly registered, the registrant must submit a
524 notarized affidavit on company letterhead to the department
525 certifying that:
526 (a) The stated brand is no longer in production;
527 (b) The stated brand will not be distributed in this state;
528 and
529 (c) All existing product of the stated brand will be
530 removed by the registrant from the state within 30 days after
531 expiration of the registration or the registrant will reregister
532 the brand for two subsequent registration periods.
533
534 If production resumes, the brand must be reregistered before it
535 is distributed in this state.
536 Section 14. Paragraph (b) of subsection (1) of section
537 525.16, Florida Statutes, is amended to read:
538 525.16 Administrative fine; penalties; prosecution of cases
539 by state attorney.—
540 (1)
541 (b) If a, 3 years after the day of issuance of the last
542 stop-sale order for a violation under this chapter, no new
543 violation does not occur has occurred at the same location while
544 the business is under the same during the proprietorship within
545 3 years after the date of issuance of the last previous stop
546 sale order of the same person, all previous fines shall be
547 disregarded when administering a fine for a new the next
548 violation.
549 Section 15. Section 526.015, Florida Statutes, is created
550 to read:
551 526.015 Lubricating oil standards; labeling requirements.—
552 (1) A person may not sell or distribute, or offer for sale
553 or distribution, a lubricating oil that fails to meet a quality
554 standard, such as those established by the Society of Automotive
555 Engineers or other similar standard, or a labeling requirement
556 designed to prevent deceptive or misleading practices as adopted
557 by rule of the department.
558 (2) A product that fails to meet a standard or labeling
559 requirement adopted by rule of the department shall be placed
560 under a stop-sale order by the department, and the lot number of
561 the product shall be identified and tagged by the department to
562 prevent its sale.
563 (3) A person may not sell or distribute, or offer for sale
564 or distribution, a product that has been placed under a stop
565 sale order.
566 (4) If a product is made to conform to standards and
567 labeling requirements or is removed from the premises in a
568 manner approved by the department, the department shall issue a
569 release order.
570 Section 16. Subsection (6) of section 526.50, Florida
571 Statutes, is repealed.
572 Section 17. Subsection (1) of section 526.51, Florida
573 Statutes, is amended to read:
574 526.51 Registration; renewal and fees; departmental
575 expenses; cancellation or refusal to issue or renew.—
576 (1)(a) Application for registration of each brand of brake
577 fluid shall be made on forms supplied by the department. The
578 applicant shall provide give his or her name and address, and
579 the brand name of the brake fluid, the state in which that he or
580 she owns the brand name and has complete control over the
581 product sold thereunder in this state, and provide the name and
582 address of the resident agent in this state. If the applicant
583 does not own the brand name but wishes to register the product
584 with the department, a notarized affidavit that gives the
585 applicant full authorization to register the brand name, which
586 must be and that is signed by the owner of the brand name, must
587 accompany the application for registration. The affidavit must
588 include all affected brand names, the owner’s company or
589 corporate name and address, the applicant’s company or corporate
590 name and address, and a statement from the owner authorizing the
591 applicant to register the product with the department. The owner
592 of the brand name shall maintain complete control over each
593 product sold under that brand name in this state. All first-time
594 applications for a brand and formula combination must be
595 accompanied by a certified report from an independent testing
596 laboratory, setting forth the analysis of the brake fluid which
597 shows its quality meets to be not less than the minimum
598 specifications established by the department for brake fluids. A
599 sample of at least not less than 24 fluid ounces of brake fluid
600 shall be submitted, in a container with a label printed in the
601 same manner that it or containers, with labels representing
602 exactly how the containers of brake fluid will be labeled when
603 sold, and the sample and container shall be analyzed and
604 inspected by the department in order to verify that compliance
605 with the department’s specifications and labeling requirements
606 may be verified. Upon approval of the application, the
607 department shall register the brand name of the brake fluid and
608 issue to the applicant a permit, valid for 1 year from the date
609 of issue, authorizing the registrant to sell the brake fluid in
610 this state during the permit year specified in the permit.
611 (b) An Each applicant shall pay a fee of $100 with each
612 application. A permit may be renewed by application to the
613 department, accompanied by a renewal fee of $50, on or before
614 the expiration of the previously issued last day of the permit
615 year immediately preceding the permit year for which application
616 is made for renewal of registration. To reregister a previously
617 registered brand and formula combination, an applicant must
618 submit a completed application and all materials as required in
619 this section to the department before the expiration of the
620 previously issued first day of the permit year. A brand and
621 formula combination for which a completed application and all
622 materials required in this section are not received before the
623 expiration of the previously issued first day of the permit year
624 may not be registered with the department until a completed
625 application and all materials required in this section have been
626 received and approved. If the brand and formula combination was
627 previously registered with the department and a fee,
628 application, or materials required in this section are received
629 after the expiration of the previously issued first day of the
630 permit year, a penalty of $25 accrues, which shall be added to
631 the fee. Renewals shall be accepted only on brake fluids that do
632 not have a no change in formula, composition, or brand name. A
633 Any change in formula, composition, or brand name of a any brake
634 fluid constitutes a new product that must be registered in
635 accordance with this part.
636 (c) If a registered brand and formula combination is no
637 longer in production for distribution in this state, in order to
638 ensure that any remaining product still available for sale in
639 this state is properly registered, if a registered brand and
640 formula combination is no longer in production for distribution
641 in this state, the registrant must submit a notarized affidavit
642 on company letterhead to the department certifying that:
643 1. The stated brand and formula combination is no longer in
644 production;
645 2. The stated brand and formula combination will not be
646 distributed in this state; and
647 3. Either all existing product of the stated brand and
648 formula combination will be removed by the registrant from the
649 state within 30 days after the expiration of the registration or
650 that the registrant will reregister the brand and formula
651 combination for 2 two subsequent years registration periods.
652
653 If production resumes, the brand and formula combination must be
654 reregistered before it is again distributed in this state.
655 Section 18. Paragraph (a) of subsection (4), paragraphs (b)
656 and (d) of subsection (7), and paragraph (b) of subsection (8)
657 of section 539.001, Florida Statutes, are amended to read:
658 539.001 The Florida Pawnbroking Act.—
659 (4) ELIGIBILITY FOR LICENSE.—
660 (a) To be eligible for a pawnbroker’s license, an applicant
661 must:
662 1. Be of good moral character;
663 2. Have a net worth of at least $50,000 or file with the
664 agency a bond, issued by a surety company qualified to do
665 business in this state, in the amount of $10,000 for each
666 license. In lieu of the bond required in this section, the
667 applicant may establish a certificate of deposit or an
668 irrevocable letter of credit in a Florida banking institution in
669 the amount of the bond. The original bond, certificate of
670 deposit, or letter of credit shall be filed with the agency on a
671 form adopted by agency rule, and the agency shall be the
672 beneficiary to said document. The bond, certificate of deposit,
673 or letter of credit must shall be in favor of the agency for the
674 use and benefit of any consumer who is injured by the fraud,
675 misrepresentation, breach of contract, financial failure, or
676 violation of any provision of this section by the pawnbroker.
677 Such liability may be enforced either by proceeding in an
678 administrative action or by filing a judicial suit at law in a
679 court of competent jurisdiction. However, in such court suit,
680 the bond, certificate of deposit, or letter of credit posted
681 with the agency may shall not be amenable or subject to any
682 judgment or other legal process issuing out of or from such
683 court in connection with such lawsuit, but such bond,
684 certificate of deposit, or letter of credit shall be amenable to
685 and enforceable only by and through administrative proceedings
686 before the agency. It is the intent of the Legislature that such
687 bond, certificate of deposit, or letter of credit shall be
688 applicable and liable only for the payment of claims duly
689 adjudicated by order of the agency. The bond, certificate of
690 deposit, or letter of credit shall be payable on a pro rata
691 basis as determined by the agency, but the aggregate amount may
692 not exceed the amount of the bond, certificate of deposit, or
693 letter of credit. A consumer may file a claim against the bond,
694 certificate of deposit, or letter of credit. Such claim must be
695 submitted in writing to the agency on a form affidavit approved
696 by agency rule within 120 days after an alleged injury has
697 occurred or is discovered to have occurred or a judgment has
698 been entered. The proceedings shall be conducted in accordance
699 with chapter 120. For proceedings conducted under ss. 120.569
700 and 120.57, the agency may act only as a nominal party. The
701 pawnbroker shall pay to the agency for distribution to the
702 consumer any indebtedness determined by final order of the
703 agency within 30 days after the order is entered. If the
704 pawnbroker fails to make timely payment, the agency shall make
705 demand upon the surety, which includes an institution issuing a
706 letter of credit or depository on a certificate of deposit. If a
707 surety fails to comply with a demand for payment pursuant to a
708 final order, the agency may file an action pursuant to s. 120.69
709 in circuit court to recover payment, up to the amount of the
710 bond or other form of security. If the agency is successful and
711 the court affirms the agency’s demand for payment from the
712 surety, the agency shall be awarded all court costs and
713 reasonable attorney fees;
714 3. Not have been convicted of, or found guilty of, or pled
715 guilty or nolo contendere to, or not have been incarcerated
716 within the last 10 years as a result of having previously been
717 convicted of, or found guilty of, or pled guilty or nolo
718 contendere to, regardless of adjudication, a felony within the
719 last 10 years and not be acting as a beneficial owner for
720 someone who has been convicted of, or found guilty of, or pled
721 guilty or nolo contendere to, regardless of adjudication, a
722 felony within the last 10 years; and
723 4. Not have been convicted of, or found guilty of, or pled
724 guilty or nolo contendere to, or not have been incarcerated
725 within the last 10 years as a result of having previously been
726 convicted of, or found guilty of, or pled guilty or nolo
727 contendere to, regardless of adjudication, a crime that involves
728 theft, larceny, dealing in stolen property, receiving stolen
729 property, burglary, embezzlement, obtaining property by false
730 pretenses, possession of altered property, or any other
731 fraudulent or dishonest dealing within the last 10 years, and
732 not be acting as a beneficial owner for someone who has been
733 convicted, of, or found guilty of, or pled guilty or nolo
734 contendere to, or has been incarcerated within the last 10 years
735 as a result of having previously been convicted of, or found
736 guilty of, or pled guilty or nolo contendere to, regardless of
737 adjudication, a crime that involves theft, larceny, dealing in
738 stolen property, receiving stolen property, burglary,
739 embezzlement, obtaining property by false pretenses, possession
740 of altered property, or any other fraudulent or dishonest
741 dealing within the last 10 years.
742 (7) ORDERS IMPOSING PENALTIES.—
743 (b) Upon a finding as set forth in paragraph (a), the
744 agency may enter an order doing one or more of the following:
745 1. Issuing a notice of noncompliance pursuant to s.
746 120.695.
747 2. Imposing an administrative fine of up to not to exceed
748 $5,000 for each act that which constitutes a violation of this
749 section, or a rule, or an order.
750 3. Directing that the pawnbroker cease and desist specified
751 activities.
752 4. Refusing to license or revoking or suspending a license.
753 5. Placing the licensee on probation for a period of time,
754 subject to such conditions as the agency may specify.
755 (d)1. When the agency, If a violation of this section
756 occurs and the agency has reasonable cause to believe that a
757 person is operating in violation of this section, has reasonable
758 cause to believe that a person is operating in violation of this
759 section, the agency may bring a civil action in the appropriate
760 court for temporary or permanent injunctive relief and may seek
761 other appropriate civil relief, including a civil penalty of up
762 to not to exceed $5,000 for each violation, restitution and
763 damages for injured customers, court costs, and reasonable
764 attorney attorney’s fees.
765 2. The agency may terminate an any investigation or action
766 upon agreement by the offender to pay a stipulated civil
767 penalty, to make restitution or pay damages to customers, or to
768 satisfy any other relief authorized in this section herein and
769 requested by the agency.
770 (8) PAWNBROKER TRANSACTION FORM.—
771 (b) The front of the pawnbroker transaction form must
772 include:
773 1. The name and address of the pawnshop.
774 2. A complete and accurate description of the pledged goods
775 or purchased goods, including the following information, if
776 applicable:
777 a. Brand name.
778 b. Model number.
779 c. Manufacturer’s serial number.
780 d. Size.
781 e. Color, as apparent to the untrained eye.
782 f. Precious metal type, weight, and content, if known.
783 Weight shall be obtained from a device properly approved by the
784 agency and in compliance with ss. 531.39 and 531.40.
785 g. Gemstone description, including the number of stones.
786 h. In the case of firearms, the type of action, caliber or
787 gauge, number of barrels, barrel length, and finish.
788 i. Any other unique identifying marks, numbers, names, or
789 letters.
790
791 Notwithstanding sub-subparagraphs a.-i., in the case of multiple
792 items of a similar nature delivered together in one transaction
793 which do not bear serial or model numbers and which do not
794 include precious metal or gemstones, such as musical or video
795 recordings, books, and hand tools, the description of the items
796 is adequate if it contains the quantity of items and a
797 description of the type of items delivered.
798 3. The name, address, home telephone number, place of
799 employment, date of birth, physical description, and right
800 thumbprint of the pledgor or seller.
801 4. The date and time of the transaction.
802 5. The type of identification accepted from the pledgor or
803 seller, including the issuing agency and the identification
804 number.
805 6. In the case of a pawn:
806 a. The amount of money advanced, which must be designated
807 as the amount financed;
808 b. The maturity date of the pawn, which must be 30 days
809 after the date of the pawn;
810 c. The default date of the pawn and the amount due on the
811 default date;
812 d. The total pawn service charge payable on the maturity
813 date, which must be designated as the finance charge;
814 e. The amount financed plus the finance charge that must be
815 paid to redeem the pledged goods on the maturity date, which
816 must be designated as the total of payments;
817 f. The annual percentage rate, computed according to the
818 regulations adopted by the Federal Reserve Board under the
819 federal Truth in Lending Act; and
820 g. The front or back of the pawnbroker transaction form
821 must include a statement that:
822 (I) Any personal property pledged to a pawnbroker within
823 this state which is not redeemed within 30 days after following
824 the maturity date of the pawn, or if the 30th day is not a
825 business day, then the following business day, is automatically
826 forfeited to the pawnbroker, and absolute right, title, and
827 interest in and to the property vests in and is deemed conveyed
828 to the pawnbroker by operation of law, and no further notice is
829 not necessary;
830 (II) The pledgor is not obligated to redeem the pledged
831 goods; and
832 (III) If the pawnbroker transaction form is lost,
833 destroyed, or stolen, the pledgor must immediately advise the
834 issuing pawnbroker in writing by certified or registered mail,
835 return receipt requested, or in person evidenced by a signed
836 receipt.
837 (IV) A pawn may be extended upon mutual agreement of the
838 parties.
839 7. In the case of a purchase, the amount of money paid for
840 the goods or the monetary value assigned to the goods in
841 connection with the transaction.
842 8. A statement that the pledgor or seller of the item
843 represents and warrants that it is not stolen, that it has no
844 liens or encumbrances against it, and that the pledgor or seller
845 is the rightful owner of the goods and has the right to enter
846 into the transaction.
847
848 A Any person who knowingly gives false verification of ownership
849 or gives a false or altered identification and who receives
850 money from a pawnbroker for goods sold or pledged commits:
851 a. If the value of the money received is less than $300, a
852 felony of the third degree, punishable as provided in s.
853 775.082, s. 775.083, or s. 775.084.
854 b. If the value of the money received is $300 or more, a
855 felony of the second degree, punishable as provided in s.
856 775.082, s. 775.083, or s. 775.084.
857 Section 19. Section 559.929, Florida Statutes, is amended
858 to read:
859 559.929 Security requirements.—
860 (1) An application must be accompanied by a performance
861 bond in an amount set by the department under paragraph (a),
862 paragraph (b), or paragraph (c). The surety on such bond must
863 shall be a surety company authorized to do business in the
864 state.
865 (a) Each seller of travel which that certifies its business
866 activities under s. 559.9285(1)(a) shall provide a performance
867 bond in an amount up to not to exceed $25,000, or in the amount
868 of $50,000 if the seller of travel is offering vacation
869 certificates.
870 (b) Each seller of travel which that certifies its business
871 activities under s. 559.9285(1)(b) shall provide a performance
872 bond in an amount up to not to exceed $100,000, or in the amount
873 of $150,000 if the seller of travel is offering vacation
874 certificates.
875 (c) Each seller of travel which that certifies its business
876 activities under s. 559.9285(1)(c) shall provide a performance
877 bond in an amount up to not to exceed $250,000, or in the amount
878 of $300,000 if the seller of travel is offering vacation
879 certificates.
880 (2) The bond must shall be in favor of the department on a
881 form adopted by rule of the department for the use and benefit
882 of a any traveler who is injured by the fraud,
883 misrepresentation, breach of contract, financial failure, or
884 violation of any provision of this part by the seller of travel.
885 Such liability may be enforced either by proceeding in an
886 administrative action as specified in subsection (3) or by
887 filing a judicial suit at law in a court of competent
888 jurisdiction. However, in such court suit the bond posted with
889 the department shall not be amenable or subject to any judgment
890 or other legal process issuing out of or from such court in
891 connection with such lawsuit, but such bond shall be amenable to
892 and enforceable only by and through administrative proceedings
893 before the department. It is the intent of the Legislature that
894 such bond is shall be applicable and liable only for the payment
895 of claims duly adjudicated by order of the department. The bond
896 must shall be open to successive claims, but the aggregate
897 amount awarded may not exceed the amount of the bond. In
898 addition to the foregoing, a bond provided by a registrant or
899 applicant for registration which certifies its business
900 activities under s. 559.9285(1)(b) or (c) must shall be in favor
901 of the department, with payment in the following order of
902 priority:
903 (a) All expenses for prosecuting the registrant or
904 applicant in an any administrative or civil action under this
905 part, including attorney fees for attorneys and fees for other
906 professionals, court costs or other costs of the proceedings,
907 and all other expenses incidental to the action.
908 (b) The All costs and expenses of investigation before
909 prior to the commencement of an administrative or civil action
910 under this part.
911 (c) An Any unpaid administrative fine imposed by final
912 order or an any unpaid civil penalty imposed by final judgment
913 under this part.
914 (d) Damages or compensation for a any traveler injured as
915 provided in this subsection.
916 (3) A Any traveler may file a claim against the bond. Such
917 claim must which shall be submitted to the department made in
918 writing on a form affidavit approved by department rule to the
919 department within 120 days after an alleged injury has occurred
920 or is discovered to have occurred or a judgment has been
921 entered. The proceedings shall be conducted held in accordance
922 with chapter 120. The department may act only as a nominal party
923 in proceedings conducted under ss. 120.569 and 120.57.
924 (4) Any indebtedness determined by final order of the
925 department must be paid by the seller of travel to the
926 department within 30 days after the order is entered, for
927 distribution to the traveler. If the seller of travel fails to
928 make payment within the 30 days, the department shall make
929 demand upon the surety, which includes an institution issuing a
930 letter of credit or depository on a certificate of deposit. Upon
931 failure of a surety to comply with a demand for payment pursuant
932 to a final order, the department may file an action in circuit
933 court to recover payment, up to the amount of the bond or other
934 form of security pursuant to s. 120.69. If the department is
935 successful and the court affirms the department’s demand for
936 payment from the surety, the department shall be allowed all
937 court costs incurred and reasonable attorney fees to be fixed
938 and collected as a part of the costs of the suit.
939 (5)(4) If In any situation in which the seller of travel is
940 currently the subject of an administrative, civil, or criminal
941 action by the department, the Department of Legal Affairs, or
942 the state attorney relating to concerning compliance with this
943 part, the right to proceed against the bond as provided in
944 subsection (3) is shall be suspended until after any enforcement
945 action becomes final.
946 (6)(5) The department may waive the bond requirement on an
947 annual basis if the seller of travel has had 5 or more
948 consecutive years of experience as a seller of travel in this
949 state Florida in compliance with this part, has not had a any
950 civil, criminal, or administrative action instituted against the
951 seller of travel in the vacation and travel business by a any
952 governmental agency or an any action involving fraud, theft,
953 misappropriation of property, violation of a any statute
954 pertaining to business or commerce with a any terrorist state,
955 or moral turpitude, and has a satisfactory consumer complaint
956 history with the department, and certifies its business
957 activities under s. 559.9285. Such waiver may be revoked if the
958 seller of travel violates any provision of this part. A seller
959 of travel which that certifies its business activities under s.
960 559.9285(1)(b) or (c) is not entitled to the waiver provided in
961 this subsection.
962 Section 20. Effective January 1, 2015, paragraph (a) of
963 subsection (4) of section 943.059, Florida Statutes, is amended
964 to read:
965 943.059 Court-ordered sealing of criminal history records.
966 The courts of this state shall continue to have jurisdiction
967 over their own procedures, including the maintenance, sealing,
968 and correction of judicial records containing criminal history
969 information to the extent such procedures are not inconsistent
970 with the conditions, responsibilities, and duties established by
971 this section. Any court of competent jurisdiction may order a
972 criminal justice agency to seal the criminal history record of a
973 minor or an adult who complies with the requirements of this
974 section. The court shall not order a criminal justice agency to
975 seal a criminal history record until the person seeking to seal
976 a criminal history record has applied for and received a
977 certificate of eligibility for sealing pursuant to subsection
978 (2). A criminal history record that relates to a violation of s.
979 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
980 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
981 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
982 916.1075, a violation enumerated in s. 907.041, or any violation
983 specified as a predicate offense for registration as a sexual
984 predator pursuant to s. 775.21, without regard to whether that
985 offense alone is sufficient to require such registration, or for
986 registration as a sexual offender pursuant to s. 943.0435, may
987 not be sealed, without regard to whether adjudication was
988 withheld, if the defendant was found guilty of or pled guilty or
989 nolo contendere to the offense, or if the defendant, as a minor,
990 was found to have committed or pled guilty or nolo contendere to
991 committing the offense as a delinquent act. The court may only
992 order sealing of a criminal history record pertaining to one
993 arrest or one incident of alleged criminal activity, except as
994 provided in this section. The court may, at its sole discretion,
995 order the sealing of a criminal history record pertaining to
996 more than one arrest if the additional arrests directly relate
997 to the original arrest. If the court intends to order the
998 sealing of records pertaining to such additional arrests, such
999 intent must be specified in the order. A criminal justice agency
1000 may not seal any record pertaining to such additional arrests if
1001 the order to seal does not articulate the intention of the court
1002 to seal records pertaining to more than one arrest. This section
1003 does not prevent the court from ordering the sealing of only a
1004 portion of a criminal history record pertaining to one arrest or
1005 one incident of alleged criminal activity. Notwithstanding any
1006 law to the contrary, a criminal justice agency may comply with
1007 laws, court orders, and official requests of other jurisdictions
1008 relating to sealing, correction, or confidential handling of
1009 criminal history records or information derived therefrom. This
1010 section does not confer any right to the sealing of any criminal
1011 history record, and any request for sealing a criminal history
1012 record may be denied at the sole discretion of the court.
1013 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
1014 history record of a minor or an adult which is ordered sealed by
1015 a court of competent jurisdiction pursuant to this section is
1016 confidential and exempt from the provisions of s. 119.07(1) and
1017 s. 24(a), Art. I of the State Constitution and is available only
1018 to the person who is the subject of the record, to the subject’s
1019 attorney, to criminal justice agencies for their respective
1020 criminal justice purposes, which include conducting a criminal
1021 history background check for approval of firearms purchases or
1022 transfers as authorized by state or federal law, to judges in
1023 the state courts system for the purpose of assisting them in
1024 their case-related decisionmaking responsibilities, as set forth
1025 in s. 943.053(5), or to those entities set forth in
1026 subparagraphs (a)1., 4., 5., 6., and 8. for their respective
1027 licensing, access authorization, and employment purposes.
1028 (a) The subject of a criminal history record sealed under
1029 this section or under other provisions of law, including former
1030 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1031 deny or fail to acknowledge the arrests covered by the sealed
1032 record, except when the subject of the record:
1033 1. Is a candidate for employment with a criminal justice
1034 agency;
1035 2. Is a defendant in a criminal prosecution;
1036 3. Concurrently or subsequently petitions for relief under
1037 this section, s. 943.0583, or s. 943.0585;
1038 4. Is a candidate for admission to The Florida Bar;
1039 5. Is seeking to be employed or licensed by or to contract
1040 with the Department of Children and Families, the Division of
1041 Vocational Rehabilitation within the Department of Education,
1042 the Agency for Health Care Administration, the Agency for
1043 Persons with Disabilities, the Department of Health, the
1044 Department of Elderly Affairs, or the Department of Juvenile
1045 Justice or to be employed or used by such contractor or licensee
1046 in a sensitive position having direct contact with children, the
1047 disabled, or the elderly;
1048 6. Is seeking to be employed or licensed by the Department
1049 of Education, any district school board, any university
1050 laboratory school, any charter school, any private or parochial
1051 school, or any local governmental entity that licenses child
1052 care facilities; or
1053 7. Is attempting to purchase a firearm from a licensed
1054 importer, licensed manufacturer, or licensed dealer and is
1055 subject to a criminal history check under state or federal law;
1056 or.
1057 8. Is seeking to be licensed by the Bureau of License
1058 Issuance of the Division of Licensing within the Department of
1059 Agriculture and Consumer Services to carry a concealed weapon or
1060 concealed firearm. This exception applies only to the
1061 determination of an applicant’s eligibility in accordance with
1062 s. 790.06.
1063 Section 21. Section 205.1969, Florida Statutes, is amended
1064 to read:
1065 205.1969 Health studios; consumer protection.—A county or
1066 municipality may not issue or renew a business tax receipt for
1067 the operation of a health studio pursuant to ss. 501.012-501.019
1068 or ballroom dance studio pursuant to s. 501.143, unless such
1069 business exhibits a current license, registration, or letter of
1070 exemption from the Department of Agriculture and Consumer
1071 Services.
1072 Section 22. Subsection (6) of section 501.015, Florida
1073 Statutes, is amended to read:
1074 501.015 Health studios; registration requirements and
1075 fees.—Each health studio shall:
1076 (6) Be considered a new health studio and is shall be
1077 subject to the requirements of s. 501.016 each time the health
1078 studio changes ownership or, in the case of corporate ownership,
1079 each time the stock ownership is changed so as to effectively
1080 put the health studio under new management or control,
1081 notwithstanding s. 501.016(8) the provisions of s. 501.016(6). A
1082 change of ownership does not occur within the meaning of this
1083 subsection if:
1084 (a) Substantially the same stockholders form a new
1085 corporate entity;
1086 (b) In the opinion of the department, the change does not
1087 effectively place the health studio under new management and
1088 control; and
1089 (c) The health studio has a satisfactory complaint history
1090 with the department.
1091 Section 23. Except as otherwise expressly provided in this
1092 act, this act shall take effect July 1, 2014.