Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 772
Ì735614&Î735614
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/11/2016 .
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The Committee on Commerce and Tourism (Richter) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1719 - 1979
4 and insert:
5 Section 37. Subsections (1), (2), (5), (7), and (13) of
6 section 713.585, Florida Statutes, are amended to read:
7 713.585 Enforcement of lien by sale of motor vehicle.—A
8 person claiming a lien under s. 713.58 for performing labor or
9 services on a motor vehicle may enforce such lien by sale of the
10 vehicle in accordance with the following procedures:
11 (1) The lienor must give notice, by certified mail, return
12 receipt requested, within 7 15 business days, excluding Saturday
13 and Sunday, from the beginning date of the assessment of storage
14 charges on said motor vehicle, to the registered owner of the
15 vehicle, to the customer as indicated on the order for repair,
16 and to all other persons claiming an interest in or lien
17 thereon, as disclosed by the records of the Department of
18 Highway Safety and Motor Vehicles or as disclosed by the records
19 of any corresponding agency of any other state in which the
20 vehicle is identified through a records check of the National
21 Motor Vehicle Title Information System or an equivalent
22 commercially available system as being the current state where
23 the vehicle is titled. Such notice must contain:
24 (a) A description of the vehicle, including, at minimum,
25 its (year, make, vehicle identification number,) and the
26 vehicle’s its location.
27 (b) The name and address of the owner of the vehicle, the
28 customer as indicated on the order for repair, and any person
29 claiming an interest in or lien thereon.
30 (c) The name, address, and telephone number of the lienor.
31 (d) Notice that the lienor claims a lien on the vehicle for
32 labor and services performed and storage charges, if any, and
33 the cash sum which, if paid to the lienor, would be sufficient
34 to redeem the vehicle from the lien claimed by the lienor.
35 (e) Notice that the lien claimed by the lienor is subject
36 to enforcement pursuant to this section and that the vehicle may
37 be sold to satisfy the lien.
38 (f) If known, the date, time, and location of any proposed
39 or scheduled sale of the vehicle. A No vehicle may not be sold
40 earlier than 60 days after completion of the repair work.
41 (g) Notice that the owner of the vehicle or any person
42 claiming an interest in or lien thereon has a right to a hearing
43 at any time before prior to the scheduled date of sale by filing
44 a demand for hearing with the clerk of the circuit court in the
45 county in which the vehicle is held and mailing copies of the
46 demand for hearing to all other owners and lienors as reflected
47 on the notice.
48 (h) Notice that the owner of the vehicle has a right to
49 recover possession of the vehicle without instituting judicial
50 proceedings by posting bond in accordance with the provisions of
51 s. 559.917.
52 (i) Notice that any proceeds from the sale of the vehicle
53 remaining after payment of the amount claimed to be due and
54 owing to the lienor will be deposited with the clerk of the
55 circuit court for disposition upon court order pursuant to
56 subsection (8).
57 (j) Notice that a lienholder, if any, has the right, as
58 specified in subsection (5), to demand a hearing or to post a
59 bond.
60 (2) If attempts to locate the owner or lienholder are
61 unsuccessful after a check of the records of the Department of
62 Highway Safety and Motor Vehicles and any state disclosed by the
63 check of the National Motor Vehicle Title Information System or
64 an equivalent commercially available system, the lienor must
65 notify the local law enforcement agency in writing by certified
66 mail or acknowledged hand delivery that the lienor has been
67 unable to locate the owner or lienholder, that a physical search
68 of the vehicle has disclosed no ownership information, and that
69 a good faith effort, including records checks of the Department
70 of Highway Safety and Motor Vehicles database and the National
71 Motor Vehicle Title Information System or an equivalent
72 commercially available system, has been made. A description of
73 the motor vehicle which includes the year, make, and
74 identification number must be given on the notice. This
75 notification must take place within 7 15 business days,
76 excluding Saturday and Sunday, from the beginning date of the
77 assessment of storage charges on said motor vehicle. For
78 purposes of this paragraph, the term “good faith effort” means
79 that the following checks have been performed by the company to
80 establish the prior state of registration and title:
81 (a) A check of the Department of Highway Safety and Motor
82 Vehicles database for the owner and any lienholder;
83 (b) A check of the federally mandated electronic National
84 Motor Vehicle Title Information System or an equivalent
85 commercially available system to determine the state of
86 registration when there is not a current title or registration
87 record for the vehicle on file with the Department of Highway
88 Safety and Motor Vehicles;
89 (c) A check of vehicle for any type of tag, tag record,
90 temporary tag, or regular tag;
91 (d) A check of vehicle for inspection sticker or other
92 stickers and decals that could indicate the state of possible
93 registration; and
94 (e) A check of the interior of the vehicle for any papers
95 that could be in the glove box, trunk, or other areas for the
96 state of registration.
97 (5) At any time before prior to the proposed or scheduled
98 date of sale of a vehicle, the owner of the vehicle, or any
99 person claiming an interest in the vehicle or a lien thereon,
100 may post a bond following the procedures outlined in s. 559.917
101 or file a demand for hearing with the clerk of the circuit court
102 in the county in which the vehicle is held to determine whether
103 the vehicle has been wrongfully taken or withheld from her or
104 him. Any person who files a demand for hearing shall mail copies
105 of the demand to all other owners and lienors as reflected on
106 the notice required in subsection (1).
107 (a) Upon the filing of a demand for hearing, a hearing
108 shall be held before prior to the proposed or scheduled date of
109 sale of the vehicle.
110 (b) Upon the posting of the bond and payment of the
111 applicable fee set forth in s. 28.24, the clerk of the court
112 shall issue a certificate notifying the lienor of the posting of
113 the bond and directing the lienor to release the vehicle to the
114 lienholder or the owner, based upon whomever posted the bond.
115 (c) If a lienholder obtains the vehicle and the owner of
116 the vehicle is not in default under the installment sales
117 contract or title loan at the time the lienholder has possession
118 of the vehicle, the lienholder must return the vehicle to the
119 owner within 5 days after the owner repays the lienholder for
120 the amount of the bond, or makes arrangements to repay the
121 lienholder for the bond under terms agreeable to the lienholder.
122 A lienholder may retain possession of the vehicle if the owner
123 is in default until such time as the default is cured and the
124 amount of the bond is repaid by the owner, or an arrangement
125 agreeable to the lienholder is made with the owner.
126 (7) At a the hearing on a complaint relating to the
127 requirements of this section on the complaint, the court shall
128 forthwith issue an its order determining:
129 (a) Whether the vehicle is subject to a valid lien by the
130 lienor and the amount thereof;
131 (b) The priority of the lien of the lienor as against any
132 existing security interest in the vehicle;
133 (c) The distribution of any proceeds of the sale by the
134 clerk of the circuit court;
135 (d) The awarding of damages, if any;
136 (e)(d) The award of reasonable attorney attorney’s fees and
137 costs, at the court’s discretion, to the prevailing party; and
138 (f)(e) The reasonableness of storage charges.
139
140 A final order, by the court, must also provide for immediate
141 payment of any proceeds or awards, and the immediate release of
142 the bond to the posting party, if applicable.
143 (13) A failure to make good faith efforts as defined in
144 subsection (2) precludes the imposition of any storage charges
145 against the vehicle. If a lienor fails to provide notice to any
146 person claiming a lien on a vehicle under subsection (1) within
147 7 15 business days after the assessment of storage charges has
148 begun, then the lienor is precluded from charging for more than
149 7 15 days of storage, but failure to provide timely notice does
150 not affect charges made for repairs, adjustments, or
151 modifications to the vehicle or the priority of liens on the
152 vehicle.
153 Section 38. Subsections (2), (4), (5), and (10) of section
154 790.06, Florida Statutes, are amended, and paragraph (f) is
155 added to subsection (6) of that section, to read:
156 790.06 License to carry concealed weapon or firearm.—
157 (2) The Department of Agriculture and Consumer Services
158 shall issue a license if the applicant:
159 (a) Is a resident of the United States and a citizen of the
160 United States or a permanent resident alien of the United
161 States, as determined by the United States Bureau of Citizenship
162 and Immigration Services, or is a consular security official of
163 a foreign government that maintains diplomatic relations and
164 treaties of commerce, friendship, and navigation with the United
165 States and is certified as such by the foreign government and by
166 the appropriate embassy in this country;
167 (b) Is 21 years of age or older;
168 (c) Does not suffer from a physical infirmity which
169 prevents the safe handling of a weapon or firearm;
170 (d) Is not ineligible to possess a firearm pursuant to s.
171 790.23 by virtue of having been convicted of a felony;
172 (e) Has not been committed for the abuse of a controlled
173 substance or been found guilty of a crime under the provisions
174 of chapter 893 or similar laws of any other state relating to
175 controlled substances within a 3-year period immediately
176 preceding the date on which the application is submitted;
177 (f) Does not chronically and habitually use alcoholic
178 beverages or other substances to the extent that his or her
179 normal faculties are impaired. It shall be presumed that an
180 applicant chronically and habitually uses alcoholic beverages or
181 other substances to the extent that his or her normal faculties
182 are impaired if the applicant has been committed under chapter
183 397 or under the provisions of former chapter 396 or has been
184 convicted under s. 790.151 or has been deemed a habitual
185 offender under s. 856.011(3), or has had two or more convictions
186 under s. 316.193 or similar laws of any other state, within the
187 3-year period immediately preceding the date on which the
188 application is submitted;
189 (g) Desires a legal means to carry a concealed weapon or
190 firearm for lawful self-defense;
191 (h) Demonstrates competence with a firearm by any one of
192 the following:
193 1. Completion of any hunter education or hunter safety
194 course approved by the Fish and Wildlife Conservation Commission
195 or a similar agency of another state;
196 2. Completion of any National Rifle Association firearms
197 safety or training course;
198 3. Completion of any firearms safety or training course or
199 class available to the general public offered by a law
200 enforcement agency, junior college, college, or private or
201 public institution or organization or firearms training school,
202 using utilizing instructors certified by the National Rifle
203 Association, Criminal Justice Standards and Training Commission,
204 or the Department of Agriculture and Consumer Services;
205 4. Completion of any law enforcement firearms safety or
206 training course or class offered for security guards,
207 investigators, special deputies, or any division or subdivision
208 of a law enforcement agency or security enforcement;
209 5. Presents evidence of equivalent experience with a
210 firearm through participation in organized shooting competition
211 or military service;
212 6. Is licensed or has been licensed to carry a firearm in
213 this state or a county or municipality of this state, unless
214 such license has been revoked for cause; or
215 7. Completion of any firearms training or safety course or
216 class conducted by a state-certified or National Rifle
217 Association certified firearms instructor;
218
219 A photocopy of a certificate of completion of any of the courses
220 or classes; or an affidavit from the instructor, school, club,
221 organization, or group that conducted or taught such said course
222 or class attesting to the completion of the course or class by
223 the applicant; or a copy of any document that which shows
224 completion of the course or class or evidences participation in
225 firearms competition shall constitute evidence of qualification
226 under this paragraph. A; any person who conducts a course
227 pursuant to subparagraph 2., subparagraph 3., or subparagraph
228 7., or who, as an instructor, attests to the completion of such
229 courses, must maintain records certifying that he or she
230 observed the student safely handle and discharge the firearm in
231 his or her physical presence and that the discharge of the
232 firearm included live fire using a firearm and ammunition as
233 defined in s. 790.001;
234 (i) Has not been adjudicated an incapacitated person under
235 s. 744.331, or similar laws of any other state, unless 5 years
236 have elapsed since the applicant’s restoration to capacity by
237 court order;
238 (j) Has not been committed to a mental institution under
239 chapter 394, or similar laws of any other state, unless the
240 applicant produces a certificate from a licensed psychiatrist
241 that he or she has not suffered from disability for at least 5
242 years before prior to the date of submission of the application;
243 (k) Has not had adjudication of guilt withheld or
244 imposition of sentence suspended on any felony or misdemeanor
245 crime of domestic violence unless 3 years have elapsed since
246 probation or any other conditions set by the court have been
247 fulfilled, or expunction has occurred the record has been sealed
248 or expunged;
249 (l) Has not had adjudication of guilt withheld or
250 imposition of sentence suspended on any misdemeanor crime of
251 domestic violence unless 3 years have elapsed since probation or
252 any other conditions set by the court have been fulfilled, or
253 the record has been sealed or expunged;
254 (m)(l) Has not been issued an injunction that is currently
255 in force and effect and that restrains the applicant from
256 committing acts of domestic violence or acts of repeat violence;
257 and
258 (n)(m) Is not prohibited from purchasing or possessing a
259 firearm by any other provision of Florida or federal law.
260 (4) The application shall be completed, under oath, on a
261 form adopted promulgated by the Department of Agriculture and
262 Consumer Services and shall include:
263 (a) The name, address, place of birth, and date of birth,
264 and race, and occupation of the applicant;
265 (b) A statement that the applicant is in compliance with
266 criteria contained within subsections (2) and (3);
267 (c) A statement that the applicant has been furnished a
268 copy of this chapter and is knowledgeable of its provisions;
269 (d) A conspicuous warning that the application is executed
270 under oath and that a false answer to any question, or the
271 submission of any false document by the applicant, subjects the
272 applicant to criminal prosecution under s. 837.06; and
273 (e) A statement that the applicant desires a concealed
274 weapon or firearms license as a means of lawful self-defense;
275 and.
276 (f) Directions for an applicant who is a servicemember, as
277 defined in s. 250.01, or a veteran, as defined in s. 1.01, to
278 request expedited processing of his or her application.
279 (5) The applicant shall submit to the Department of
280 Agriculture and Consumer Services or an approved tax collector
281 pursuant to s. 790.0625:
282 (a) A completed application as described in subsection (4).
283 (b) A nonrefundable license fee of up to $60 $70 if he or
284 she has not previously been issued a statewide license or of up
285 to $50 $60 for renewal of a statewide license. The cost of
286 processing fingerprints as required in paragraph (c) shall be
287 borne by the applicant. However, an individual holding an active
288 certification from the Criminal Justice Standards and Training
289 Commission as a law enforcement officer, correctional officer,
290 or correctional probation officer as defined in s. 943.10(1),
291 (2), (3), (6), (7), (8), or (9) is exempt from the licensing
292 requirements of this section. If such individual wishes to
293 receive a concealed weapon weapons or firearm firearms license,
294 he or she is exempt from the background investigation and all
295 background investigation fees, but must pay the current license
296 fees regularly required to be paid by nonexempt applicants.
297 Further, a law enforcement officer, a correctional officer, or a
298 correctional probation officer as defined in s. 943.10(1), (2),
299 or (3) is exempt from the required fees and background
300 investigation for a period of 1 year after his or her
301 retirement.
302 (c) A full set of fingerprints of the applicant
303 administered by a law enforcement agency or the Division of
304 Licensing of the Department of Agriculture and Consumer Services
305 or an approved tax collector pursuant to s. 790.0625 together
306 with any personal identifying information required by federal
307 law to process fingerprints.
308 (d) A photocopy of a certificate, affidavit, or document as
309 described in paragraph (2)(h).
310 (e) A full frontal view color photograph of the applicant
311 taken within the preceding 30 days, in which the head, including
312 hair, measures 7/8 of an inch wide and 1 1/8 inches high.
313 (f) For expedited processing of an application:
314 1. A servicemember shall submit a copy of the Common Access
315 Card, United States Uniformed Services Identification Card, or
316 current deployment orders.
317 2. A veteran shall submit a copy of the DD Form 214, issued
318 by the United States Department of Defense, or another
319 acceptable form of identification as specified by the Department
320 of Veterans’ Affairs.
321 (6)
322 (f) The Department of Agriculture and Consumer Services
323 shall, upon receipt of a completed application and the
324 identifying information required under paragraph (5)(f),
325 expedite the processing of a servicemember’s or a veteran’s
326 concealed weapon or firearm license application.
327 (10) A license issued under this section shall be suspended
328 or revoked pursuant to chapter 120 if the licensee:
329 (a) Is found to be ineligible under the criteria set forth
330 in subsection (2);
331 (b) Develops or sustains a physical infirmity which
332 prevents the safe handling of a weapon or firearm;
333 (c) Is convicted of a felony which would make the licensee
334 ineligible to possess a firearm pursuant to s. 790.23;
335 (d) Is found guilty of a crime under the provisions of
336 chapter 893, or similar laws of any other state, relating to
337 controlled substances;
338 (e) Is committed as a substance abuser under chapter 397,
339 or is deemed a habitual offender under s. 856.011(3), or similar
340 laws of any other state;
341 (f) Is convicted of a second violation of s. 316.193, or a
342 similar law of another state, within 3 years after of a first
343 previous conviction of such section, or similar law of another
344 state, even though the first violation may have occurred before
345 prior to the date on which the application was submitted;
346 (g) Is adjudicated an incapacitated person under s.
347 744.331, or similar laws of any other state; or
348 (h) Is committed to a mental institution under chapter 394,
349 or similar laws of any other state.
350
351 Notwithstanding s. 120.60(5), notice by the Department of
352 Agriculture and Consumer Services of the suspension or
353 revocation of a concealed weapon or firearm license of this
354 state or the suspension of the processing of an application for
355 such license must be by personal delivery to the licensee or
356 applicant or by mail in an envelope, first class, postage
357 prepaid, addressed to the licensee or applicant at his or her
358 last known mailing address provided to the department. Such
359 mailing by the department constitutes notice, and any failure by
360 the person to receive the mailed notice does not stay the
361 effective date or term of the suspension or revocation. A
362 request for a hearing must be filed with the department within
363 21 days if notice was received by personal delivery, or within
364 26 days after the date the department deposited the notice in
365 the United States mail (21 days plus 5 days for mailing). Proof
366 of the giving of notice shall be made by entry in the records of
367 the department that such notice was given. The entry is
368 admissible in the courts of this state and constitutes
369 sufficient proof that notice was given.
370 Section 39. Effective upon this act becoming a law,
371 paragraph (a) of subsection (11) of section 790.06, Florida
372 Statutes, is amended to read:
373 790.06 License to carry concealed weapon or firearm.—
374 (11)(a) At least No less than 90 days before the expiration
375 date of the license, the Department of Agriculture and Consumer
376 Services shall mail to each licensee a written notice of the
377 expiration and a renewal form prescribed by the Department of
378 Agriculture and Consumer Services. The licensee must renew his
379 or her license on or before the expiration date by filing with
380 the Department of Agriculture and Consumer Services the renewal
381 form containing an a notarized affidavit submitted under oath
382 and under penalty of perjury stating that the licensee remains
383 qualified pursuant to the criteria specified in subsections (2)
384 and (3), a color photograph as specified in paragraph (5)(e),
385 and the required renewal fee. Out-of-state residents must also
386 submit a complete set of fingerprints and fingerprint processing
387 fee. The license shall be renewed upon receipt of the completed
388 renewal form, color photograph, appropriate payment of fees,
389 and, if applicable, fingerprints. Additionally, a licensee who
390 fails to file a renewal application on or before its expiration
391 date must renew his or her license by paying a late fee of $15.
392 A license may not be renewed 180 days or more after its
393 expiration date, and such a license is deemed to be permanently
394 expired. A person whose license has been permanently expired may
395 reapply for licensure; however, an application for licensure and
396 fees under subsection (5) must be submitted, and a background
397 investigation shall be conducted pursuant to this section. A
398 person who knowingly files false information under this
399 subsection is subject to criminal prosecution under s. 837.06.
400 Section 40. Subsection (8) is added to section 790.0625,
401 Florida Statutes, to read:
402 790.0625 Appointment of tax collectors to accept
403 applications for a concealed weapon or firearm license; fees;
404 penalties.—
405 (8) Upon receipt of a completed renewal application, a new
406 color photograph, and appropriate payment of fees, a tax
407 collector authorized to accept renewal applications for
408 concealed weapon or firearm licenses under this section may,
409 upon approval and confirmation of license issuance by the
410 department, print and deliver a concealed weapon or firearm
411 license to a licensee renewing his or her license at the tax
412 collector’s office.
413 Section 41. Subsections (1) through (4) of section 559.917,
414 Florida Statutes, are amended to read:
415 559.917 Bond to release possessory lien claimed by motor
416 vehicle repair shop.—
417 (1) As used in this section, the term:
418 (a) “Lienholder” means a person claiming an interest in or
419 a lien on a vehicle pursuant to s. 713.585(5).
420 (b) “Lienor” means a person claiming a lien for motor
421 vehicle repair shop work under part II of chapter 713.
422 (2)(1)(a) A lienholder or Any customer may obtain the
423 release of a her or his motor vehicle for which the lienholder
424 or customer has a lien or ownership rights, respectively, from
425 any lien claimed under part II of chapter 713 by a motor vehicle
426 repair shop for repair work performed under a written repair
427 estimate by filing with the clerk of the court in the circuit in
428 which the disputed transaction occurred a cash or surety bond,
429 payable to the person claiming the lien and conditioned for the
430 payment of any judgment which may be entered on the lien. The
431 bond shall be in the amount stated on the invoice required by s.
432 559.911, plus accrued storage charges, if any, less any amount
433 paid to the motor vehicle repair shop as indicated on the
434 invoice. The lienholder or customer shall not be required to
435 institute judicial proceedings in order to post the bond in the
436 registry of the court, nor shall the lienholder or customer be
437 required to use a particular form for posting the bond, unless
438 the clerk provides shall provide such form to the lienholder or
439 customer for filing. Upon the posting of such bond, the clerk of
440 the court shall automatically issue a certificate notifying the
441 lienor of the posting of the bond and directing the lienor to
442 release the lienholder’s or customer’s motor vehicle.
443 (b) The lienor shall have 60 days to file suit to recover
444 the bond. The prevailing party in that action may be entitled to
445 damages plus court costs and reasonable attorney attorney’s
446 fees. If the lienor fails to file suit within 60 days after the
447 posting of such bond, the bond shall be discharged.
448 (3)(2) The failure of a lienor to release or return to the
449 lienholder or customer the motor vehicle upon which any lien is
450 claimed, upon receiving a copy of a certificate giving notice of
451 the posting of the bond and directing release of the motor
452 vehicle, shall subject the lienor to judicial proceedings which
453 may be brought by the lienholder or customer to compel
454 compliance with the certificate. If Whenever a lienholder
455 pursuant to s. 713.585 or customer brings an action to compel
456 compliance with the certificate, the lienholder or customer need
457 only establish that:
458 (a) Bond in the amount of the invoice, plus accrued storage
459 charges, if any, less any amount paid to the motor vehicle
460 repair shop as indicated on the invoice, was posted;
461 (b) A certificate was issued pursuant to this section;
462 (c) The motor vehicle repair shop, or any employee or agent
463 thereof who is authorized to release the motor vehicle, received
464 a copy of a certificate issued pursuant to this section; and
465 (d) The motor vehicle repair shop or employee authorized to
466 release the motor vehicle failed to release the motor vehicle.
467
468 The lienholder or customer, upon a judgment in her or his favor
469 in an action brought under this subsection, may be entitled to
470 damages plus court costs and reasonable attorney attorney’s fees
471 sustained by her or him by reason of such wrongful detention or
472 retention. Upon a judgment in favor of the motor vehicle repair
473 shop, the shop may be entitled to reasonable attorney attorney’s
474 fees.
475 (4)(3) Any motor vehicle repair shop that which, or any
476 employee or agent thereof who is authorized to release the motor
477 vehicle who, upon receiving a copy of a certificate giving
478 notice of the posting of the bond in the required amount and
479 directing release of the motor vehicle, fails to release or
480 return the property to the lienholder or customer pursuant to
481 this section commits is guilty of a misdemeanor of the second
482 degree, punishable as provided in s. 775.082 or s. 775.083.
483 (5)(4) Any lienholder or customer who stops payment on a
484 credit card charge or a check drawn in favor of a motor vehicle
485 repair shop on account of an invoice, or who fails to post a
486 cash or surety bond pursuant to this section, shall be
487 prohibited from any recourse under this section with respect to
488 the motor vehicle repair shop.
489 ================= T I T L E A M E N D M E N T ================
490 And the title is amended as follows:
491 Delete lines 2 - 174
492 and insert:
493 An act relating to regulated service providers;
494 amending s. 472.007, F.S.; revising the composition of
495 the Board of Professional Surveyors and Mappers;
496 amending s. 472.015, F.S.; requiring the Department of
497 Agriculture and Consumer Services to waive the initial
498 land surveying and mapping license fee for certain
499 veterans, the spouses of such veterans, or certain
500 business entities that have a majority ownership held
501 by such veterans or spouses; amending s. 493.6105,
502 F.S.; waiving the initial application fee for veterans
503 for certain private investigative, private security,
504 and repossession service licenses; revising certain
505 fees for initial license applications; revising the
506 submission requirements for a Class “K” license;
507 amending s. 493.6106, F.S.; deleting a provision
508 requiring that certain applicants submit additional
509 documentation establishing state residency; amending
510 s. 493.6107, F.S.; waiving the initial license fees
511 for veterans for certain private investigative,
512 private security, and repossession service licenses;
513 amending s. 493.6108, F.S.; requiring the Department
514 of Law Enforcement to retain fingerprints submitted
515 for private investigative, private security, and
516 repossession service licenses, to enter such
517 fingerprints into the statewide automated biometric
518 identification system and the Federal Bureau of
519 Investigation’s national retained print arrest
520 notification program, and to report any arrest record
521 information to the Department of Agriculture and
522 Consumer Services; requiring the department to provide
523 information about an arrest of a licensee for certain
524 crime within the state to the agency that employs the
525 licensee; amending s. 493.6113, F.S.; clarifying the
526 renewal requirements for Class “K” licenses; requiring
527 a person holding a private investigative, private
528 security, or repossession service license issued
529 before a certain date to submit, upon first renewal of
530 the license, a full set of fingerprints and a
531 fingerprint processing fee; amending ss. 493.6202,
532 493.6302, and 493.6402, F.S.; waiving initial license
533 fees for veterans for certain private investigative,
534 private security, and repossession service licenses;
535 amending s. 501.0125, F.S.; revising the definition of
536 the term “health studio”; defining the term “personal
537 trainer”; amending s. 501.015, F.S.; requiring the
538 department to waive the initial health studio
539 registration fee for certain veterans, the spouses of
540 such veterans, or certain business entities that have
541 a majority ownership held by such veterans or spouses;
542 amending s. 501.605, F.S.; prohibiting the use of a
543 mail drop as a street address for the principal
544 location of a commercial telephone seller; requiring
545 the department to waive the initial commercial
546 telephone seller license fee for certain veterans, the
547 spouses of such veterans, or certain business entities
548 that have a majority ownership held by such veterans
549 or spouses; amending s. 501.607, F.S.; requiring the
550 department to waive the initial telephone salesperson
551 license fees for certain veterans, the spouses of such
552 veterans, or certain business entities that have a
553 majority ownership held by such veterans or spouses;
554 amending s. 507.03, F.S.; requiring the department to
555 waive the initial registration fee for an intrastate
556 mover for certain veterans, the spouses of such
557 veterans, or certain business entities that have a
558 majority ownership held by such veterans or spouses;
559 amending s. 527.02, F.S.; requiring the department to
560 waive the original liquefied petroleum gas license fee
561 for certain veterans, the spouses of such veterans, or
562 certain business entities that have a majority
563 ownership held by such veterans or spouses; amending
564 s. 527.021, F.S.; deleting a provision requiring a fee
565 for registering transport vehicles; amending s.
566 531.37, F.S.; revising the definition of the term
567 “weights and measures”; amending s. 531.415, F.S.;
568 revising the fees for actual metrology laboratory
569 calibration and testing services; amending s. 531.60,
570 F.S.; clarifying the applicability of permits for
571 commercially operated or tested weights or measures
572 instruments or devices; requiring a new permit
573 application if a new owner acquires and moves an
574 instrument or a device; requiring a business to notify
575 the department of certain information under certain
576 circumstances; deleting a provision authorizing the
577 department to test weights and measures instruments or
578 devices under certain circumstances; amending s.
579 531.61, F.S.; clarifying provisions exempting certain
580 instruments or devices from specified requirements;
581 amending s. 531.62, F.S.; specifying that the
582 commercial use permit fee is based upon the number and
583 types of instruments or devices permitted; revising
584 the expiration date of the commercial use permit;
585 requiring annual and biennial commercial use permit
586 renewals to meet the same requirements; amending s.
587 531.63, F.S.; revising the commercial use permit fees
588 and fee structures; amending s. 531.65, F.S.;
589 clarifying that the department may use one or more of
590 the prescribed penalties for the unauthorized use of a
591 weights and measures instrument or device; amending s.
592 539.001, F.S.; requiring the department to waive the
593 initial pawnbroker license fee for certain veterans,
594 the spouses of such veterans, or certain business
595 entities that have a majority ownership held by such
596 veterans or spouses; amending s. 559.904, F.S.;
597 requiring the department to waive the initial motor
598 vehicle repair shop registration fee for certain
599 veterans, the spouses of such veterans, or certain
600 business entities that have a majority ownership held
601 by such veterans or spouses; amending s. 559.927,
602 F.S.; revising definitions; amending s. 559.928, F.S.;
603 revising the registration requirements for sellers of
604 travel; requiring the department to waive the initial
605 seller of travel registration fee for certain
606 veterans, the spouses of such veterans, or certain
607 business entities that have a majority ownership held
608 by such veterans or spouses; requiring each
609 advertisement, each certificate, or any other travel
610 document to include a specified phrase; deleting a
611 provision requiring an advertisement to include a
612 specified phrase; revising the circumstances under
613 which the department may deny or refuse to renew a
614 registration; authorizing the department to revoke the
615 registration of a seller of travel under certain
616 circumstances; amending s. 559.929, F.S.; revising
617 certain security requirements; amending s. 559.9295,
618 F.S.; revising the requirements that certain sellers
619 of travel submit and disclose to the department;
620 deleting provisions relating to the duties of the
621 department; amending s. 559.932, F.S.; requiring a
622 specified typeface point size for certain disclosures;
623 requiring the department to review copies of certain
624 certificates and contracts for compliance with
625 disclosure requirements; amending s. 559.933, F.S.;
626 making technical changes; amending s. 559.9335, F.S.;
627 revising violations relating to the sale of travel;
628 amending s. 559.935, F.S.; deleting a provision
629 requiring an affidavit of exemption to obtain a seller
630 of travel affiliate exemption; adding embezzlement as
631 a crime for which the department may revoke certain
632 exemptions; amending s. 559.936, F.S.; conforming
633 cross-references; amending s. 616.242, F.S.; exempting
634 water-related amusement rides operated by lodging and
635 food service establishments and membership
636 campgrounds, amusement rides at private, membership
637 only facilities, and nonprofit permanent facilities
638 from certain safety standards; authorizing owners or
639 managers of amusement rides to use alternative forms
640 to record ride inspections and employee training;
641 amending s. 713.585, F.S.; revising certain notice
642 requirements; authorizing the owner of a vehicle or a
643 person claiming an interest in the vehicle or in a
644 lien thereon to post a bond to recover possession of a
645 vehicle held by a lienor; requiring the clerk of the
646 court to issue a certificate notifying the lienor of
647 the posting of bond; establishing procedures and
648 requirements for a vehicle owner to reclaim such
649 vehicles recovered by a lienholder; authorizing courts
650 to award damages based on claims relating to the
651 enforcement of certain lien and recovery rights;
652 requiring courts to provide for the immediate payment
653 of proceeds and awards and immediate release of bonds;
654 amending s. 790.06, F.S.; revising the requirements
655 for issuance of a concealed weapon or firearm license;
656 requiring directions for expedited processing requests
657 in the license application form; revising the initial
658 and renewal fees for a concealed weapon or firearm
659 license; providing a process for expediting
660 applications for servicemembers and veterans;
661 requiring that notice of the suspension or revocation
662 of a concealed weapon or firearm license or the
663 suspension of the processing of an application for
664 such license be given by personal delivery or first
665 class mail; specifying deadlines for requests for a
666 hearing for suspensions or revocations; specifying
667 standards of proof for notice of suspensions or
668 revocations; requiring concealed weapon or firearm
669 license renewals to include an affidavit submitted
670 under oath and under penalty of perjury, rather than a
671 notarized affidavit; amending s. 790.0625, F.S.;
672 authorizing certain tax collector offices, upon
673 approval and confirmation of license issuance by the
674 department, to print and deliver concealed weapon or
675 firearm licenses; amending ss. 559.917, 559.9285, and
676 559.937, F.S.; conforming terminology; providing
677 effective dates.