Florida Senate - 2015 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1444
Ì654302pÎ654302
576-03404-15
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on General Government)
1 A bill to be entitled
2 An act relating to consumer licensing; amending s.
3 472.015, F.S.; waiving the initial land surveying and
4 mapping license fee for certain veterans of the United
5 States Armed Forces, the spouses of such veterans, or
6 a business entity that has a majority ownership held
7 by such a veteran or spouse; amending s. 493.6101,
8 F.S.; revising the definition of the term “recovery
9 agency”; amending s. 493.6105, F.S.; requiring that
10 the initial license application for private
11 investigative, private security, and repossession
12 services include payment of fingerprint processing and
13 fingerprint retention fees; amending s. 493.6106,
14 F.S.; deleting a requirement for additional
15 documentation establishing state residency for private
16 investigative, private security, and repossession
17 service licenses; amending s. 493.6108, F.S.;
18 directing the Department of Law Enforcement to retain
19 fingerprints submitted for private investigative,
20 private security, and repossession service licenses,
21 to enter such fingerprints into the statewide
22 automated biometric identification system and the
23 national retained print arrest notification program,
24 and to report any arrest record information to the
25 Department of Agriculture and Consumer Services;
26 directing the Department of Agriculture and Consumer
27 Services to provide information about an arrest within
28 the state to the agency that employs the licensee;
29 amending s. 493.6113, F.S.; requiring a person holding
30 a private investigative, private security, or
31 repossession service license issued before a certain
32 date to submit upon first renewal of the license a
33 full set of fingerprints and a fingerprint processing
34 fee to cover the cost of entering the fingerprints in
35 the statewide automated biometric identification
36 system; amending ss. 493.6115 and 493.6118, F.S.;
37 conforming cross-references; amending s. 501.015,
38 F.S.; waiving the initial health studio registration
39 fee for certain veterans of the United States Armed
40 Forces, the spouses of such veterans, or a business
41 entity that has a majority ownership held by such a
42 veteran or spouse; amending s. 501.0581, F.S.;
43 transferring enforcement authority of the Florida
44 Commercial Weight-Loss Practices Act from the
45 Department of Agriculture and Consumer Services to the
46 Department of Health; amending s. 501.0583, F.S.;
47 transferring enforcement authority of penalties for
48 selling, delivering, bartering, furnishing, or giving
49 weight-loss pills to persons under the age of 18 from
50 the Department of Agriculture and Consumer Services to
51 the Department of Health; amending s. 501.605, F.S.;
52 prohibiting the use of a mail drop as a street address
53 for the principal location of a commercial telephone
54 seller; amending s. 501.607, F.S.; waiving the initial
55 salesperson license fees for certain veterans of the
56 United States Armed Forces, the spouses of such
57 veterans, or a business entity that has a majority
58 ownership held by such a veteran or spouse; amending
59 s. 507.03, F.S.; waiving the initial registration fee
60 for an intrastate movers license for certain veterans
61 of the United States Armed Forces, the spouses of such
62 veterans, or a business entity that has a majority
63 ownership held by such a veteran or spouse; amending
64 s. 527.02, F.S.; waiving the original liquefied
65 petroleum gas dealer license fee for certain veterans
66 of the United States Armed Forces, the spouses of such
67 veterans, or a business entity that has a majority
68 ownership held by such a veteran or spouse; amending
69 s. 539.001, F.S.; waiving the initial pawnbroker
70 license fee for certain veterans of the United States
71 Armed Forces, the spouses of such veterans, or a
72 business entity that has a majority ownership held by
73 such a veteran or spouse; amending s. 559.904, F.S.;
74 waiving the initial motor vehicle repair shop
75 registration fee for certain veterans of the United
76 States Armed Forces, the spouses of such veterans, or
77 a business entity that has a majority ownership held
78 by such a veteran or spouse; amending s. 559.928,
79 F.S.; waiving the initial seller of travel
80 registration fee for certain veterans of the United
81 States Armed Forces, the spouses of such veterans, or
82 a business entity that has a majority ownership held
83 by such a veteran or spouse; amending s. 616.242,
84 F.S.; deleting an obsolete provision allowing fair
85 owners to post a bond rather than carry a certificate
86 of insurance; exempting water-related amusement rides
87 operated by lodging and food service establishments
88 and membership campgrounds, amusement rides at
89 private, membership-only facilities, and nonprofit
90 permanent facilities from certain safety standards;
91 authorizing owners or managers of amusement rides to
92 use alternate forms to record employee training and
93 ride inspections; amending s. 790.06, F.S.; requiring
94 firearm course instructors to maintain records
95 attesting to the use of live fire with specified
96 firearms and ammunition by students in his or her
97 physical presence; revising the initial and renewal
98 fees for a concealed weapon or firearm license;
99 requiring notice of the suspension or revocation of a
100 concealed weapon or firearm license or the suspension
101 of the processing of an application for such license
102 to be given by personal delivery, first-class mail, or
103 e-mail; requiring concealed weapon or firearm license
104 renewals to include an affidavit submitted under oath
105 and under penalty of perjury; amending s. 790.0625,
106 F.S.; authorizing certain tax collector offices, upon
107 approval and confirmation of license issuance by the
108 Department of Agriculture and Consumer Services, to
109 print and deliver concealed weapon or firearm
110 licenses; providing an effective date.
111
112 Be It Enacted by the Legislature of the State of Florida:
113
114 Section 1. Subsection (3) of section 472.015, Florida
115 Statutes, is amended to read:
116 472.015 Licensure.—
117 (3)(a) Before the issuance of any license, the department
118 may charge an initial license fee as determined by rule of the
119 board. Upon receipt of the appropriate license fee, except as
120 provided in subsection (6), the department shall issue a license
121 to any person certified by the board, or its designee, as having
122 met the applicable requirements imposed by law or rule. However,
123 an applicant who is not otherwise qualified for licensure is not
124 entitled to licensure solely based on a passing score on a
125 required examination.
126 (b) The department shall waive the initial license fee for
127 an honorably discharged veteran of the United States Armed
128 Forces, the spouse of such a veteran, or a business entity that
129 has a majority ownership held by such a veteran or spouse if the
130 department receives an application, in a format prescribed by
131 the department, within 60 months after the date of the veteran’s
132 discharge from any branch of the United States Armed Forces. To
133 qualify for the waiver, a veteran must provide to the department
134 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
135 veteran must provide to the department a copy of the veteran’s
136 DD Form 214 or NGB Form 22 and a copy of a valid marriage
137 license or certificate verifying that he or she was lawfully
138 married to the veteran at the time of discharge; or a business
139 entity must provide to the department proof that a veteran or
140 the spouse of a veteran holds a majority ownership in the
141 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
142 and, if applicable, a copy of a valid marriage license or
143 certificate verifying that the spouse of the veteran was
144 lawfully married to the veteran at the time of discharge.
145 Section 2. Subsection (20) of section 493.6101, Florida
146 Statutes, is amended to read:
147 493.6101 Definitions.—
148 (20) “Recovery agency” means any person who, for
149 consideration, advertises as providing or is engaged in the
150 business of performing repossessions. The term does not include
151 a person who does not directly perform repossessions, and who,
152 pursuant to a contract with a bank, bank holding company, credit
153 union, or small loan company operating pursuant to chapters 516
154 and 520, contracts with a licensed recovery agency or a licensed
155 recovery agent for the performance of repossessions by such
156 agency or agent, if such person includes a disclaimer in all
157 advertisements appearing in this state which states that the
158 person does not directly perform any repossessions, but
159 contracts with licensed recovery agents or agencies.
160 Section 3. Paragraph (j) of subsection (3) of section
161 493.6105, Florida Statutes, is amended to read:
162 493.6105 Initial application for license.—
163 (3) The application must contain the following information
164 concerning the individual signing the application:
165 (j) A full set of fingerprints, a fingerprint processing
166 fee, and a fingerprint retention fee to cover the cost of
167 retaining the fingerprints in the statewide automated biometric
168 identification system pursuant to s. 493.6108(2)(a) and the cost
169 of enrolling the fingerprints in the national retained print
170 arrest notification program when the program is operational and
171 the Department of Law Enforcement begins participation. The
172 fingerprint processing and retention fees shall to be
173 established by rule of the department based upon costs
174 determined by state and federal agency charges and department
175 processing costs. An applicant who has, within the immediately
176 preceding 6 months, submitted such fingerprints and fees fee for
177 licensing purposes under this chapter and who still holds a
178 valid license is not required to submit another set of
179 fingerprints or another fingerprint processing fee. An applicant
180 who holds multiple licenses issued under this chapter is
181 required to pay only a single fingerprint retention fee.
182 Section 4. Paragraph (f) of subsection (1) of section
183 493.6106, Florida Statutes, is amended to read:
184 493.6106 License requirements; posting.—
185 (1) Each individual licensed by the department must:
186 (f) Be a citizen or permanent legal resident alien of the
187 United States or have appropriate authorization issued by the
188 United States Citizenship and Immigration Services of the United
189 States Department of Homeland Security.
190 1. An applicant for a Class “C,” Class “CC,” Class “D,”
191 Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
192 “MB,” Class “MR,” or Class “RI” license who is not a United
193 States citizen must submit proof of current employment
194 authorization issued by the United States Citizenship and
195 Immigration Services or proof that she or he is deemed a
196 permanent legal resident alien by the United States Citizenship
197 and Immigration Services.
198 2. An applicant for a Class “G” or Class “K” license who is
199 not a United States citizen must submit proof that she or he is
200 deemed a permanent legal resident alien by the United States
201 Citizenship and Immigration Services, together with additional
202 documentation establishing that she or he has resided in the
203 state of residence shown on the application for at least 90
204 consecutive days before the date that the application is
205 submitted.
206 3. An applicant for an agency or school license who is not
207 a United States citizen or permanent legal resident alien must
208 submit documentation issued by the United States Citizenship and
209 Immigration Services stating that she or he is lawfully in the
210 United States and is authorized to own and operate the type of
211 agency or school for which she or he is applying. An employment
212 authorization card issued by the United States Citizenship and
213 Immigration Services is not sufficient documentation.
214 Section 5. Subsections (2) and (3) of section 493.6108,
215 Florida Statutes, are renumbered as subsections (3) and (4),
216 respectively, and a new subsection (2) is added to that section,
217 to read:
218 493.6108 Investigation of applicants by Department of
219 Agriculture and Consumer Services.—
220 (2)(a) The Department of Law Enforcement shall retain and
221 enter into the statewide automated biometric identification
222 system authorized under s. 943.05 all fingerprints submitted to
223 the department pursuant to this chapter. The Department of Law
224 Enforcement shall enroll such fingerprints in the national
225 retained print arrest notification program when the program is
226 operational and the Department of Law Enforcement begins
227 participation. Thereafter, the fingerprints shall be available
228 for arrest notifications required by paragraph (b) and all
229 purposes and uses authorized for arrest fingerprints entered
230 into the statewide automated biometric identification system.
231 (b) The Department of Law Enforcement shall search all
232 arrest fingerprints against fingerprints retained pursuant to
233 paragraph (a) and report any arrest record identified by the
234 Department of Law Enforcement or the Federal Bureau of
235 Investigation to the department. If the department receives
236 information about an arrest within the state of a person who
237 holds a valid license issued under this chapter for a crime that
238 could potentially disqualify the person from holding such a
239 license, the department shall provide the arrest information to
240 the agency that employs the licensee.
241 Section 6. Subsection (3) of section 493.6113, Florida
242 Statutes, is amended to read:
243 493.6113 Renewal application for licensure.—
244 (3)(a) Each licensee is responsible for renewing his or her
245 license on or before its expiration by filing with the
246 department an application for renewal accompanied by payment of
247 the renewal fee and the fingerprint retention fee to cover the
248 cost of ongoing retention in the statewide automated biometric
249 identification system prescribed license fee.
250 (b) In addition to the fees specified in paragraph (a), a
251 person holding a valid license issued under this chapter before
252 January 1, 2016, must submit upon first renewal of the license a
253 full set of fingerprints and a fingerprint processing fee to
254 cover the cost of entering the fingerprints into the statewide
255 automated biometric identification system pursuant to s.
256 493.6108(2)(a). Subsequent renewals may be completed without
257 submission of a set of fingerprints.
258 (c)(a) Each Class “B” licensee shall additionally submit on
259 a form prescribed by the department a certification of insurance
260 that evidences that the licensee maintains coverage as required
261 under s. 493.6110.
262 (d)(b) Each Class “G” licensee shall additionally submit
263 proof that he or she has received during each year of the
264 license period a minimum of 4 hours of firearms recertification
265 training taught by a Class “K” licensee and has complied with
266 such other health and training requirements that the department
267 shall adopt by rule. Proof of completion of firearms
268 recertification training shall be submitted to the department
269 upon completion of the training. If the licensee fails to
270 complete the required 4 hours of annual training during the
271 first year of the 2-year term of the license, the license shall
272 be automatically suspended. The licensee must complete the
273 minimum number of hours of range and classroom training required
274 at the time of initial licensure and submit proof of completion
275 of such training to the department before the license may be
276 reinstated. If the licensee fails to complete the required 4
277 hours of annual training during the second year of the 2-year
278 term of the license, the licensee must complete the minimum
279 number of hours of range and classroom training required at the
280 time of initial licensure and submit proof of completion of such
281 training to the department before the license may be renewed.
282 The department may waive the firearms training requirement if:
283 1. The applicant provides proof that he or she is currently
284 certified as a law enforcement officer or correctional officer
285 under the Criminal Justice Standards and Training Commission and
286 has completed law enforcement firearms requalification training
287 annually during the previous 2 years of the licensure period;
288 2. The applicant provides proof that he or she is currently
289 certified as a federal law enforcement officer and has received
290 law enforcement firearms training administered by a federal law
291 enforcement agency annually during the previous 2 years of the
292 licensure period; or
293 3. The applicant submits a valid firearm certificate among
294 those specified in s. 493.6105(6)(a) and provides proof of
295 having completed requalification training during the previous 2
296 years of the licensure period.
297 (e)(c) Each Class “DS” or Class “RS” licensee shall
298 additionally submit the current curriculum, examination, and
299 list of instructors.
300 (f)(d) Each Class “K” licensee shall additionally submit
301 one of the certificates specified under s. 493.6105(6) as proof
302 that he or she remains certified to provide firearms
303 instruction.
304 Section 7. Subsection (6) of section 493.6115, Florida
305 Statutes, is amended to read:
306 493.6115 Weapons and firearms.—
307 (6) In addition to any other firearm approved by the
308 department, a licensee who has been issued a Class “G” license
309 may carry a .38 caliber revolver; or a .380 caliber or 9
310 millimeter semiautomatic pistol; or a .357 caliber revolver with
311 .38 caliber ammunition only; or a .40 caliber handgun; or a .45
312 ACP handgun while performing duties authorized under this
313 chapter. A licensee may not carry more than two firearms upon
314 her or his person when performing her or his duties. A licensee
315 may only carry a firearm of the specific type and caliber with
316 which she or he is qualified pursuant to the firearms training
317 referenced in subsection (8) or s. 493.6113(3)(d)
318 493.6113(3)(b).
319 Section 8. Paragraph (u) of subsection (1) of section
320 493.6118, Florida Statutes, is amended to read:
321 493.6118 Grounds for disciplinary action.—
322 (1) The following constitute grounds for which disciplinary
323 action specified in subsection (2) may be taken by the
324 department against any licensee, agency, or applicant regulated
325 by this chapter, or any unlicensed person engaged in activities
326 regulated under this chapter.
327 (u) For a Class “G” licensee, failing to timely complete
328 recertification training as required in s. 493.6113(3)(d)
329 493.6113(3)(b).
330 Section 9. Subsection (2) of section 501.015, Florida
331 Statutes, is amended to read:
332 501.015 Health studios; registration requirements and
333 fees.—Each health studio shall:
334 (2) Remit an annual registration fee of $300 to the
335 department at the time of registration for each of the health
336 studio’s business locations. The department shall waive the
337 initial registration fee for an honorably discharged veteran of
338 the United States Armed Forces, the spouse of such a veteran, or
339 a business entity that has a majority ownership held by such a
340 veteran or spouse if the department receives an application, in
341 a format prescribed by the department, within 60 months after
342 the date of the veteran’s discharge from any branch of the
343 United States Armed Forces. To qualify for the waiver, a veteran
344 must provide to the department a copy of his or her DD Form 214
345 or NGB Form 22; the spouse of a veteran must provide to the
346 department a copy of the veteran’s DD Form 214 or NGB Form 22
347 and a copy of a valid marriage license or certificate verifying
348 that he or she was lawfully married to the veteran at the time
349 of discharge; or a business entity must provide to the
350 department proof that a veteran or the spouse of a veteran holds
351 a majority ownership in the business, a copy of the veteran’s DD
352 Form 214 or NGB Form 22, and, if applicable, a copy of a valid
353 marriage license or certificate verifying that the spouse of the
354 veteran was lawfully married to the veteran at the time of
355 discharge.
356 Section 10. Subsections (1) and (2) of section 501.0581,
357 Florida Statutes, are amended to read:
358 501.0581 Commercial Weight-Loss Practices Act; civil
359 remedies.—
360 (1) The Department of Health Agriculture and Consumer
361 Services may bring a civil action in circuit court for temporary
362 or permanent injunctive relief to enforce the provisions of this
363 act and may seek other appropriate civil relief, including a
364 civil penalty not to exceed $5,000 for each violation, for
365 restitution and damages for injured customers, court costs, and
366 reasonable attorney attorney’s fees.
367 (2) The Department of Health Agriculture and Consumer
368 Services may terminate any investigation or action upon
369 agreement by the offender to pay a stipulated civil penalty,
370 make restitution or pay damages to customers, or satisfy any
371 other relief authorized herein and requested by the department.
372 Section 11. Subsection (3) of section 501.0583, Florida
373 Statutes, is amended to read:
374 501.0583 Selling, delivering, bartering, furnishing, or
375 giving weight-loss pills to persons under age 18; penalties;
376 defense.—
377 (3) A first violation of subsection (2) or this subsection
378 is punishable by a fine of $100. A second violation of
379 subsection (2) or this subsection is punishable by a fine of
380 $250. A third violation of subsection (2) or this subsection is
381 punishable by a fine of $500. A fourth or subsequent violation
382 of subsection (2) or this subsection is punishable by a fine as
383 determined by the Department of Health Agriculture and Consumer
384 Services, not to exceed $1,000.
385 Section 12. Paragraph (j) of subsection (2) and paragraph
386 (b) of subsection (5) of section 501.605, Florida Statutes, are
387 amended to read:
388 501.605 Licensure of commercial telephone sellers.—
389 (2) An applicant for a license as a commercial telephone
390 seller must submit to the department, in such form as it
391 prescribes, a written application for the license. The
392 application must set forth the following information:
393 (j) The complete street address of each location,
394 designating the principal location, from which the applicant
395 will be doing business. The street address may not be If any
396 location is a mail drop, this shall be disclosed as such.
397
398 The application shall be accompanied by a copy of any: Script,
399 outline, or presentation the applicant will require or suggest a
400 salesperson to use when soliciting, or, if no such document is
401 used, a statement to that effect; sales information or
402 literature to be provided by the applicant to a salesperson; and
403 sales information or literature to be provided by the applicant
404 to a purchaser in connection with any solicitation.
405 (5) An application filed pursuant to this part must be
406 verified and accompanied by:
407 (b) A fee for licensing in the amount of $1,500. The fee
408 shall be deposited into the General Inspection Trust Fund. The
409 department shall waive the initial licensing fee for an
410 honorably discharged veteran of the United States Armed Forces,
411 the spouse of such a veteran, or a business entity that has a
412 majority ownership held by such a veteran or spouse if the
413 department receives an application, in a format prescribed by
414 the department, within 60 months after the date of the veteran’s
415 discharge from any branch of the United States Armed Forces. To
416 qualify for the waiver, a veteran must provide to the department
417 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
418 veteran must provide to the department a copy of the veteran’s
419 DD Form 214 or NGB Form 22 and a copy of a valid marriage
420 license or certificate verifying that he or she was lawfully
421 married to the veteran at the time of discharge; or a business
422 entity must provide to the department proof that a veteran or
423 the spouse of a veteran holds a majority ownership in the
424 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
425 and, if applicable, a copy of a valid marriage license or
426 certificate verifying that the spouse of the veteran was
427 lawfully married to the veteran at the time of discharge.
428 Section 13. Paragraph (b) of subsection (2) of section
429 501.607, Florida Statutes, is amended to read:
430 501.607 Licensure of salespersons.—
431 (2) An application filed pursuant to this section must be
432 verified and be accompanied by:
433 (b) A fee for licensing in the amount of $50 per
434 salesperson. The fee shall be deposited into the General
435 Inspection Trust Fund. The fee for licensing may be paid after
436 the application is filed, but must be paid within 14 days after
437 the applicant begins work as a salesperson. The department shall
438 waive the initial licensing fee for an honorably discharged
439 veteran of the United States Armed Forces, the spouse of such a
440 veteran, or a business entity that has a majority ownership held
441 by such a veteran or spouse if the department receives an
442 application, in a format prescribed by the department, within 60
443 months after the date of the veteran’s discharge from any branch
444 of the United States Armed Forces. To qualify for the waiver, a
445 veteran must provide to the department a copy of his or her DD
446 Form 214 or NGB Form 22; the spouse of a veteran must provide to
447 the department a copy of the veteran’s DD Form 214 or NGB Form
448 22 and a copy of a valid marriage license or certificate
449 verifying that he or she was lawfully married to the veteran at
450 the time of discharge; or a business entity must provide to the
451 department proof that a veteran or the spouse of a veteran holds
452 a majority ownership in the business, a copy of the veteran’s DD
453 Form 214 or NGB Form 22, and, if applicable, a copy of a valid
454 marriage license or certificate verifying that the spouse of the
455 veteran was lawfully married to the veteran at the time of
456 discharge.
457 Section 14. Subsection (3) of section 507.03, Florida
458 Statutes, is amended to read:
459 507.03 Registration.—
460 (3)(a) Registration fees shall be calculated at the rate of
461 $300 per year per mover or moving broker. All amounts collected
462 shall be deposited by the Chief Financial Officer to the credit
463 of the General Inspection Trust Fund of the department for the
464 sole purpose of administration of this chapter.
465 (b) The department shall waive the initial registration fee
466 for an honorably discharged veteran of the United States Armed
467 Forces, the spouse of such a veteran, or a business entity that
468 has a majority ownership held by such a veteran or spouse if the
469 department receives an application, in a format prescribed by
470 the department, within 60 months after the date of the veteran’s
471 discharge from any branch of the United States Armed Forces. To
472 qualify for the waiver, a veteran must provide to the department
473 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
474 veteran must provide to the department a copy of the veteran’s
475 DD Form 214 or NGB Form 22 and a copy of a valid marriage
476 license or certificate verifying that he or she was lawfully
477 married to the veteran at the time of discharge; or a business
478 entity must provide to the department proof that a veteran or
479 the spouse of a veteran holds a majority ownership in the
480 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
481 and, if applicable, a copy of a valid marriage license or
482 certificate verifying that the spouse of the veteran was
483 lawfully married to the veteran at the time of discharge.
484 Section 15. Subsection (3) of section 527.02, Florida
485 Statutes, is amended to read:
486 527.02 License; penalty; fees.—
487 (3)(a) An Any applicant for an original license who submits
488 an whose application is submitted during the last 6 months of
489 the license year may have the original license fee reduced by
490 one-half for the 6-month period. This provision applies shall
491 apply only to those companies applying for an original license
492 and may shall not be applied to licensees who held a license
493 during the previous license year and failed to renew the
494 license. The department may refuse to issue an initial license
495 to an any applicant who is under investigation in any
496 jurisdiction for an action that would constitute a violation of
497 this chapter until such time as the investigation is complete.
498 (b) The department shall waive the original license fee for
499 an honorably discharged veteran of the United States Armed
500 Forces, the spouse of such a veteran, or a business entity that
501 has a majority ownership held by such a veteran or spouse if the
502 department receives an application, in a format prescribed by
503 the department, within 60 months after the date of the veteran’s
504 discharge from any branch of the United States Armed Forces. To
505 qualify for the waiver, a veteran must provide to the department
506 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
507 veteran must provide to the department a copy of the veteran’s
508 DD Form 214 or NGB Form 22 and a copy of a valid marriage
509 license or certificate verifying that he or she was lawfully
510 married to the veteran at the time of discharge; or a business
511 entity must provide to the department proof that a veteran or
512 the spouse of a veteran holds a majority ownership in the
513 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
514 and, if applicable, a copy of a valid marriage license or
515 certificate verifying that the spouse of the veteran was
516 lawfully married to the veteran at the time of discharge.
517 Section 16. Paragraph (c) of subsection (3) of section
518 539.001, Florida Statutes, is amended to read:
519 539.001 The Florida Pawnbroking Act.—
520 (3) LICENSE REQUIRED.—
521 (c) Each license is valid for a period of 1 year unless it
522 is earlier relinquished, suspended, or revoked. Each license
523 shall be renewed annually, and each licensee shall, initially
524 and annually thereafter, pay to the agency a license fee of $300
525 for each license held. The agency shall waive the initial
526 license fee for an honorably discharged veteran of the United
527 States Armed Forces, the spouse of such a veteran, or a business
528 entity that has a majority ownership held by such a veteran or
529 spouse if the agency receives an application, in a format
530 prescribed by the agency, within 60 months after the date of the
531 veteran’s discharge from any branch of the United States Armed
532 Forces. To qualify for the waiver, a veteran must provide to the
533 department a copy of his or her DD Form 214 or NGB Form 22; the
534 spouse of a veteran must provide to the agency a copy of the
535 veteran’s DD Form 214 or NGB Form 22 and a copy of a valid
536 marriage license or certificate verifying that he or she was
537 lawfully married to the veteran at the time of discharge; or a
538 business entity must provide to the agency proof that a veteran
539 or the spouse of a veteran holds a majority ownership in the
540 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
541 and, if applicable, a copy of a valid marriage license or
542 certificate verifying that the spouse of the veteran was
543 lawfully married to the veteran at the time of discharge.
544 Section 17. Subsection (3) of section 559.904, Florida
545 Statutes, is amended to read:
546 559.904 Motor vehicle repair shop registration;
547 application; exemption.—
548 (3)(a) Each application for registration must be
549 accompanied by a registration fee calculated on a per-year basis
550 as follows:
551 1.(a) If the place of business has 1 to 5 employees: $50.
552 2.(b) If the place of business has 6 to 10 employees: $150.
553 3.(c) If the place of business has 11 or more employees:
554 $300.
555 (b) The department shall waive the initial registration fee
556 for an honorably discharged veteran of the United States Armed
557 Forces, the spouse of such a veteran, or a business entity that
558 has a majority ownership held by such a veteran or spouse if the
559 department receives an application, in a format prescribed by
560 the department, within 60 months after the date of the veteran’s
561 discharge from any branch of the United States Armed Forces. To
562 qualify for the waiver, a veteran must provide to the department
563 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
564 veteran must provide to the department a copy of the veteran’s
565 DD Form 214 or NGB Form 22 and a copy of a valid marriage
566 license or certificate verifying that he or she was lawfully
567 married to the veteran at the time of discharge; or a business
568 entity must provide to the department proof that a veteran or
569 the spouse of a veteran holds a majority ownership in the
570 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
571 and, if applicable, a copy of a valid marriage license or
572 certificate verifying that the spouse of the veteran was
573 lawfully married to the veteran at the time of discharge.
574 Section 18. Paragraph (c) is added to subsection (2) of
575 section 559.928, Florida Statutes, to read:
576 559.928 Registration.—
577 (2)
578 (c) The department shall waive the initial registration fee
579 for an honorably discharged veteran of the United States Armed
580 Forces, the spouse of such a veteran, or a business entity that
581 has a majority ownership held by such a veteran or spouse if the
582 department receives an application, in a format prescribed by
583 the department, within 60 months after the date of the veteran’s
584 discharge from any branch of the United States Armed Forces. To
585 qualify for the waiver, a veteran must provide to the department
586 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
587 veteran must provide to the department a copy of the veteran’s
588 DD Form 214 or NGB Form 22 and a copy of a valid marriage
589 license or certificate verifying that he or she was lawfully
590 married to the veteran at the time of discharge; or the business
591 entity must provide to the department proof that a veteran or
592 the spouse of a veteran holds a majority ownership in the
593 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
594 and, if applicable, a copy of a valid marriage license or
595 certificate verifying that the spouse of the veteran was
596 lawfully married to the veteran at the time of discharge.
597 Section 19. Paragraph (b) of subsection (5), paragraph (a)
598 of subsection (10), and subsections (15) and (16) of section
599 616.242, Florida Statutes, are amended to read:
600 616.242 Safety standards for amusement rides.—
601 (5) ANNUAL PERMIT.—
602 (b) To apply for an annual permit, an owner must submit to
603 the department a written application on a form prescribed by
604 rule of the department, which must include the following:
605 1. The legal name, address, and primary place of business
606 of the owner.
607 2. A description, manufacturer’s name, serial number, model
608 number and, if previously assigned, the United States Amusement
609 Identification Number of the amusement ride.
610 3. A valid certificate of insurance or bond for each
611 amusement ride.
612 4. An affidavit of compliance that the amusement ride was
613 inspected in person by the affiant and that the amusement ride
614 is in general conformance with the requirements of this section
615 and all applicable rules adopted by the department. The
616 affidavit must be executed by a professional engineer or a
617 qualified inspector at least no earlier than 60 days before, but
618 not later than, the date of the filing of the application is
619 filed with the department. The owner shall request inspection
620 and permitting of the amusement ride within 60 days after of the
621 date of filing the application is filed with the department. The
622 department shall inspect and permit the amusement ride within 60
623 days after the date filing the application is filed with the
624 department.
625 5. If required by subsection (6), an affidavit of
626 nondestructive testing dated and executed at least no earlier
627 than 60 days before prior to, but not later than, the date of
628 the filing of the application is filed with the department. The
629 owner shall request inspection and permitting of the amusement
630 ride within 60 days after of the date of filing the application
631 is filed with the department. The department shall inspect and
632 permit the amusement ride within 60 days after the date filing
633 the application is filed with the department.
634 6. A request for inspection.
635 7. Upon request, the owner shall, at no cost to the
636 department, provide the department a copy of the manufacturer’s
637 current recommended operating instructions in the possession of
638 the owner, the owner’s operating fact sheet, and any written
639 bulletins in the possession of the owner concerning the safety,
640 operation, or maintenance of the amusement ride.
641 (10) EXEMPTIONS.—
642 (a) This section does not apply to:
643 1. Permanent facilities that employ at least 1,000 full
644 time employees and that maintain full-time, in-house safety
645 inspectors. Furthermore, the permanent facilities must file an
646 affidavit of the annual inspection with the department, on a
647 form prescribed by rule of the department. Additionally, the
648 Department of Agriculture and Consumer Services may consult
649 annually with the permanent facilities regarding industry safety
650 programs.
651 2. Any playground operated by a school, local government,
652 or business licensed under chapter 509, if the playground is an
653 incidental amenity and the operating entity is not primarily
654 engaged in providing amusement, pleasure, thrills, or
655 excitement.
656 3. Museums or other institutions principally devoted to the
657 exhibition of products of agriculture, industry, education,
658 science, religion, or the arts.
659 4. Conventions or trade shows for the sale or exhibit of
660 amusement rides if there are a minimum of 15 amusement rides on
661 display or exhibition, and if any operation of such amusement
662 rides is limited to the registered attendees of the convention
663 or trade show.
664 5. Skating rinks, arcades, laser lazer or paint ball war
665 games, bowling alleys, miniature golf courses, mechanical bulls,
666 inflatable rides, trampolines, ball crawls, exercise equipment,
667 jet skis, paddle boats, airboats, helicopters, airplanes,
668 parasails, hot air or helium balloons whether tethered or
669 untethered, theatres, batting cages, stationary spring-mounted
670 fixtures, rider-propelled merry-go-rounds, games, side shows,
671 live animal rides, or live animal shows.
672 6. Go-karts operated in competitive sporting events if
673 participation is not open to the public.
674 7. Nonmotorized playground equipment that is not required
675 to have a manager.
676 8. Coin-actuated amusement rides designed to be operated by
677 depositing coins, tokens, credit cards, debit cards, bills, or
678 other cash money and which are not required to have a manager,
679 and which have a capacity of six persons or less.
680 9. Facilities described in s. 549.09(1)(a) when such
681 facilities are operating cars, trucks, or motorcycles only.
682 10. Battery-powered cars or other vehicles that are
683 designed to be operated by children 7 years of age or under and
684 that cannot exceed a speed of 4 miles per hour.
685 11. Mechanically driven vehicles that pull train cars,
686 carts, wagons, or other similar vehicles, that are not confined
687 to a metal track or confined to an area but are steered by an
688 operator and do not exceed a speed of 4 miles per hour.
689 12. A water-related amusement ride operated by a business
690 licensed under chapter 509 if the water-related amusement ride
691 is an incidental amenity and the operating business is not
692 primarily engaged in providing amusement, pleasure, thrills, or
693 excitement and does not offer day rates.
694 13. An amusement ride at a private, membership-only
695 facility if the amusement ride is an incidental amenity and the
696 facility is not open to the general public, is not primarily
697 engaged in providing amusement, pleasure, thrills, or
698 excitement, and does not offer day rates.
699 14. A nonprofit permanent facility registered under chapter
700 496 which is not open to the general public.
701 (15) INSPECTION BY OWNER OR MANAGER.—Before Prior to
702 opening on each day of operation and before prior to any
703 inspection by the department, the owner or manager of an
704 amusement ride must inspect and test the amusement ride to
705 ensure compliance with all requirements of this section. Each
706 inspection must be recorded on a form prescribed by rule of the
707 department and signed by the person who conducted the
708 inspection. In lieu of the form prescribed by rule of the
709 department, the owner or manager may request approval of an
710 alternate form if the alternate form includes, at a minimum, the
711 information required on the form prescribed by rule of the
712 department. Inspection records of the last 14 daily inspections
713 must be kept on site by the owner or manager and made
714 immediately available to the department upon request.
715 (16) TRAINING OF EMPLOYEES.—The owner or manager of an any
716 amusement ride shall maintain a record of employee training for
717 each employee authorized to operate, assemble, disassemble,
718 transport, or conduct maintenance on an amusement ride, on a
719 form prescribed by rule of the department. In lieu of the form
720 prescribed by rule of the department, the owner or manager may
721 request approval of an alternate form if the alternate form
722 includes, at a minimum, the information required on the form
723 prescribed by rule of the department. The training record must
724 be kept on site by the owner or manager and made immediately
725 available to the department upon request. Training may not be
726 conducted when an amusement ride is open to the public unless
727 the training is conducted under the supervision of an employee
728 who is trained in the operation of that ride. The owner or
729 manager shall certify that each employee is trained, as required
730 by this section and any rules adopted thereunder, on the
731 amusement ride for which the employee is responsible.
732 Section 20. Subsection (2), paragraph (b) of subsection
733 (5), subsection (10), and paragraph (a) of subsection (11) of
734 section 790.06, Florida Statutes, are amended to read:
735 790.06 License to carry concealed weapon or firearm.—
736 (2) The Department of Agriculture and Consumer Services
737 shall issue a license if the applicant:
738 (a) Is a resident of the United States and a citizen of the
739 United States or a permanent resident alien of the United
740 States, as determined by the United States Bureau of Citizenship
741 and Immigration Services, or is a consular security official of
742 a foreign government that maintains diplomatic relations and
743 treaties of commerce, friendship, and navigation with the United
744 States and is certified as such by the foreign government and by
745 the appropriate embassy in this country;
746 (b) Is 21 years of age or older;
747 (c) Does not suffer from a physical infirmity which
748 prevents the safe handling of a weapon or firearm;
749 (d) Is not ineligible to possess a firearm pursuant to s.
750 790.23 by virtue of having been convicted of a felony;
751 (e) Has not been committed for the abuse of a controlled
752 substance or been found guilty of a crime under the provisions
753 of chapter 893 or similar laws of any other state relating to
754 controlled substances within a 3-year period immediately
755 preceding the date on which the application is submitted;
756 (f) Does not chronically and habitually use alcoholic
757 beverages or other substances to the extent that his or her
758 normal faculties are impaired. It shall be presumed that an
759 applicant chronically and habitually uses alcoholic beverages or
760 other substances to the extent that his or her normal faculties
761 are impaired if the applicant has been committed under chapter
762 397 or under the provisions of former chapter 396 or has been
763 convicted under s. 790.151 or has been deemed a habitual
764 offender under s. 856.011(3), or has had two or more convictions
765 under s. 316.193 or similar laws of any other state, within the
766 3-year period immediately preceding the date on which the
767 application is submitted;
768 (g) Desires a legal means to carry a concealed weapon or
769 firearm for lawful self-defense;
770 (h) Demonstrates competence with a firearm by any one of
771 the following:
772 1. Completion of any hunter education or hunter safety
773 course approved by the Fish and Wildlife Conservation Commission
774 or a similar agency of another state;
775 2. Completion of any National Rifle Association firearms
776 safety or training course;
777 3. Completion of any firearms safety or training course or
778 class available to the general public offered by a law
779 enforcement, junior college, college, or private or public
780 institution or organization or firearms training school,
781 utilizing instructors certified by the National Rifle
782 Association, Criminal Justice Standards and Training Commission,
783 or the Department of Agriculture and Consumer Services;
784 4. Completion of any law enforcement firearms safety or
785 training course or class offered for security guards,
786 investigators, special deputies, or any division or subdivision
787 of law enforcement or security enforcement;
788 5. Presents evidence of equivalent experience with a
789 firearm through participation in organized shooting competition
790 or military service;
791 6. Is licensed or has been licensed to carry a firearm in
792 this state or a county or municipality of this state, unless
793 such license has been revoked for cause; or
794 7. Completion of any firearms training or safety course or
795 class conducted by a state-certified or National Rifle
796 Association certified firearms instructor;
797
798 A photocopy of a certificate of completion of any of the courses
799 or classes; or an affidavit from the instructor, school, club,
800 organization, or group that conducted or taught such said course
801 or class attesting to the completion of the course or class by
802 the applicant; or a copy of any document that which shows
803 completion of the course or class or evidences participation in
804 firearms competition shall constitute evidence of qualification
805 under this paragraph. A; any person who conducts a course
806 pursuant to subparagraph 2., subparagraph 3., or subparagraph
807 7., or who, as an instructor, attests to the completion of such
808 courses, must maintain records certifying that he or she
809 observed the student safely handle and discharge the firearm in
810 his or her physical presence and that the discharge of the
811 firearm included live fire using a firearm and ammunition as
812 defined in s. 790.001;
813 (i) Has not been adjudicated an incapacitated person under
814 s. 744.331, or similar laws of any other state, unless 5 years
815 have elapsed since the applicant’s restoration to capacity by
816 court order;
817 (j) Has not been committed to a mental institution under
818 chapter 394, or similar laws of any other state, unless the
819 applicant produces a certificate from a licensed psychiatrist
820 that he or she has not suffered from disability for at least 5
821 years prior to the date of submission of the application;
822 (k) Has not had adjudication of guilt withheld or
823 imposition of sentence suspended on any felony or misdemeanor
824 crime of domestic violence unless 3 years have elapsed since
825 probation or any other conditions set by the court have been
826 fulfilled, or the record has been sealed or expunged;
827 (l) Has not been issued an injunction that is currently in
828 force and effect and that restrains the applicant from
829 committing acts of domestic violence or acts of repeat violence;
830 and
831 (m) Is not prohibited from purchasing or possessing a
832 firearm by any other provision of Florida or federal law.
833 (5) The applicant shall submit to the Department of
834 Agriculture and Consumer Services or an approved tax collector
835 pursuant to s. 790.0625:
836 (b) A nonrefundable license fee of up to $60 $70 if he or
837 she has not previously been issued a statewide license or of up
838 to $50 $60 for renewal of a statewide license. The cost of
839 processing fingerprints as required in paragraph (c) shall be
840 borne by the applicant. However, an individual holding an active
841 certification from the Criminal Justice Standards and Training
842 Commission as a law enforcement officer, correctional officer,
843 or correctional probation officer as defined in s. 943.10(1),
844 (2), (3), (6), (7), (8), or (9) is exempt from the licensing
845 requirements of this section. If such individual wishes to
846 receive a concealed weapon weapons or firearm firearms license,
847 he or she is exempt from the background investigation and all
848 background investigation fees, but must pay the current license
849 fees regularly required to be paid by nonexempt applicants.
850 Further, a law enforcement officer, a correctional officer, or a
851 correctional probation officer as defined in s. 943.10(1), (2),
852 or (3) is exempt from the required fees and background
853 investigation for a period of 1 year after his or her
854 retirement.
855 (10) A license issued under this section shall be suspended
856 or revoked pursuant to chapter 120 if the licensee:
857 (a) Is found to be ineligible under the criteria set forth
858 in subsection (2);
859 (b) Develops or sustains a physical infirmity which
860 prevents the safe handling of a weapon or firearm;
861 (c) Is convicted of a felony which would make the licensee
862 ineligible to possess a firearm pursuant to s. 790.23;
863 (d) Is found guilty of a crime under the provisions of
864 chapter 893, or similar laws of any other state, relating to
865 controlled substances;
866 (e) Is committed as a substance abuser under chapter 397,
867 or is deemed a habitual offender under s. 856.011(3), or similar
868 laws of any other state;
869 (f) Is convicted of a second violation of s. 316.193, or a
870 similar law of another state, within 3 years after of a first
871 previous conviction of such section, or similar law of another
872 state, even though the first violation may have occurred before
873 prior to the date on which the application was submitted;
874 (g) Is adjudicated an incapacitated person under s.
875 744.331, or similar laws of any other state; or
876 (h) Is committed to a mental institution under chapter 394,
877 or similar laws of any other state.
878
879 Notwithstanding s. 120.60(5), notice of the suspension or
880 revocation of a concealed weapon or firearm license or the
881 suspension of the processing of an application for such license
882 shall be given by personal delivery to the licensee, by first
883 class mail in an envelope, postage prepaid, addressed to the
884 licensee at his or her last known mailing address furnished to
885 the department, or by e-mail if the licensee has provided an e
886 mail address to the department. Such mailing or sending of e
887 mail by the department constitutes notification, and any failure
888 by the person to receive the mailed or e-mailed notice does not
889 stay the effective date or term of the suspension or revocation.
890 The giving of notice by mail is complete upon expiration of 20
891 days after deposit in the United States mail. Proof of the
892 giving of notice shall be made by entry in the records of the
893 department that such notice was given. The entry is admissible
894 in the courts of this state and constitutes sufficient proof
895 that such notice was given.
896 (11)(a) At least No less than 90 days before the expiration
897 date of the license, the Department of Agriculture and Consumer
898 Services shall mail to each licensee a written notice of the
899 expiration and a renewal form prescribed by the Department of
900 Agriculture and Consumer Services. The licensee must renew his
901 or her license on or before the expiration date by filing with
902 the Department of Agriculture and Consumer Services the renewal
903 form containing an a notarized affidavit submitted under oath
904 and under penalty of perjury stating that the licensee remains
905 qualified pursuant to the criteria specified in subsections (2)
906 and (3), a color photograph as specified in paragraph (5)(e),
907 and the required renewal fee. Out-of-state residents must also
908 submit a complete set of fingerprints and fingerprint processing
909 fee. The license shall be renewed upon receipt of the completed
910 renewal form, color photograph, appropriate payment of fees,
911 and, if applicable, fingerprints. Additionally, a licensee who
912 fails to file a renewal application on or before its expiration
913 date must renew his or her license by paying a late fee of $15.
914 A license may not be renewed 180 days or more after its
915 expiration date, and such a license is deemed to be permanently
916 expired. A person whose license has been permanently expired may
917 reapply for licensure; however, an application for licensure and
918 fees under subsection (5) must be submitted, and a background
919 investigation shall be conducted pursuant to this section. A
920 person who knowingly files false information under this
921 subsection is subject to criminal prosecution under s. 837.06.
922 Section 21. Subsection (8) is added to section 790.0625,
923 Florida Statutes, to read:
924 790.0625 Appointment of tax collectors to accept
925 applications for a concealed weapon or firearm license; fees;
926 penalties.—
927 (8) Upon receipt of a completed renewal application, a new
928 color photograph, and appropriate payment of fees, a tax
929 collector authorized to accept renewal applications for
930 concealed weapon or firearm licenses under this section may,
931 upon approval and confirmation of license issuance by the
932 department, print and deliver a concealed weapon or firearm
933 license to a licensee renewing his or her license at the tax
934 collector’s office.
935 Section 22. This act shall take effect July 1, 2015.