Florida Senate - 2016 CS for SB 772
By the Committee on Commerce and Tourism; and Senator Richter
577-02002-16 2016772c1
1 A bill to be entitled
2 An act relating to regulated service providers;
3 amending s. 472.007, F.S.; revising the composition of
4 the Board of Professional Surveyors and Mappers;
5 amending s. 472.015, F.S.; requiring the Department of
6 Agriculture and Consumer Services to waive the initial
7 land surveying and mapping license fee for certain
8 veterans, the spouses of such veterans, or certain
9 business entities that have a majority ownership held
10 by such veterans or spouses; amending s. 493.6105,
11 F.S.; waiving the initial application fee for veterans
12 for certain private investigative, private security,
13 and repossession service licenses; revising certain
14 fees for initial license applications; revising the
15 submission requirements for a Class “K” license;
16 amending s. 493.6106, F.S.; deleting a provision
17 requiring that certain applicants submit additional
18 documentation establishing state residency; amending
19 s. 493.6107, F.S.; waiving the initial license fees
20 for veterans for certain private investigative,
21 private security, and repossession service licenses;
22 amending s. 493.6108, F.S.; requiring the Department
23 of Law Enforcement to retain fingerprints submitted
24 for private investigative, private security, and
25 repossession service licenses, to enter such
26 fingerprints into the statewide automated biometric
27 identification system and the Federal Bureau of
28 Investigation’s national retained print arrest
29 notification program, and to report any arrest record
30 information to the Department of Agriculture and
31 Consumer Services; requiring the department to provide
32 information about an arrest of a licensee for certain
33 crime within the state to the agency that employs the
34 licensee; amending s. 493.6113, F.S.; clarifying the
35 renewal requirements for Class “K” licenses; requiring
36 a person holding a private investigative, private
37 security, or repossession service license issued
38 before a certain date to submit, upon first renewal of
39 the license, a full set of fingerprints and a
40 fingerprint processing fee; amending ss. 493.6202,
41 493.6302, and 493.6402, F.S.; waiving initial license
42 fees for veterans for certain private investigative,
43 private security, and repossession service licenses;
44 amending s. 501.0125, F.S.; revising the definition of
45 the term “health studio”; defining the term “personal
46 trainer”; amending s. 501.015, F.S.; requiring the
47 department to waive the initial health studio
48 registration fee for certain veterans, the spouses of
49 such veterans, or certain business entities that have
50 a majority ownership held by such veterans or spouses;
51 amending s. 501.605, F.S.; prohibiting the use of a
52 mail drop as a street address for the principal
53 location of a commercial telephone seller; requiring
54 the department to waive the initial commercial
55 telephone seller license fee for certain veterans, the
56 spouses of such veterans, or certain business entities
57 that have a majority ownership held by such veterans
58 or spouses; amending s. 501.607, F.S.; requiring the
59 department to waive the initial telephone salesperson
60 license fees for certain veterans, the spouses of such
61 veterans, or certain business entities that have a
62 majority ownership held by such veterans or spouses;
63 amending s. 507.03, F.S.; requiring the department to
64 waive the initial registration fee for an intrastate
65 mover for certain veterans, the spouses of such
66 veterans, or certain business entities that have a
67 majority ownership held by such veterans or spouses;
68 amending s. 527.02, F.S.; requiring the department to
69 waive the original liquefied petroleum gas license fee
70 for certain veterans, the spouses of such veterans, or
71 certain business entities that have a majority
72 ownership held by such veterans or spouses; amending
73 s. 527.021, F.S.; deleting a provision requiring a fee
74 for registering transport vehicles; amending s.
75 531.37, F.S.; revising the definition of the term
76 “weights and measures”; amending s. 531.415, F.S.;
77 revising the fees for actual metrology laboratory
78 calibration and testing services; amending s. 531.60,
79 F.S.; clarifying the applicability of permits for
80 commercially operated or tested weights or measures
81 instruments or devices; requiring a new permit
82 application if a new owner acquires and moves an
83 instrument or a device; requiring a business to notify
84 the department of certain information under certain
85 circumstances; deleting a provision authorizing the
86 department to test weights and measures instruments or
87 devices under certain circumstances; amending s.
88 531.61, F.S.; clarifying provisions exempting certain
89 instruments or devices from specified requirements;
90 amending s. 531.62, F.S.; specifying that the
91 commercial use permit fee is based upon the number and
92 types of instruments or devices permitted; revising
93 the expiration date of the commercial use permit;
94 requiring annual and biennial commercial use permit
95 renewals to meet the same requirements; amending s.
96 531.63, F.S.; revising the commercial use permit fees
97 and fee structures; amending s. 531.65, F.S.;
98 clarifying that the department may use one or more of
99 the prescribed penalties for the unauthorized use of a
100 weights and measures instrument or device; amending s.
101 539.001, F.S.; requiring the department to waive the
102 initial pawnbroker license fee for certain veterans,
103 the spouses of such veterans, or certain business
104 entities that have a majority ownership held by such
105 veterans or spouses; amending s. 559.904, F.S.;
106 requiring the department to waive the initial motor
107 vehicle repair shop registration fee for certain
108 veterans, the spouses of such veterans, or certain
109 business entities that have a majority ownership held
110 by such veterans or spouses; amending s. 559.927,
111 F.S.; revising definitions; amending s. 559.928, F.S.;
112 revising the registration requirements for sellers of
113 travel; requiring the department to waive the initial
114 seller of travel registration fee for certain
115 veterans, the spouses of such veterans, or certain
116 business entities that have a majority ownership held
117 by such veterans or spouses; requiring each
118 advertisement, each certificate, or any other travel
119 document to include a specified phrase; deleting a
120 provision requiring an advertisement to include a
121 specified phrase; revising the circumstances under
122 which the department may deny or refuse to renew a
123 registration; authorizing the department to revoke the
124 registration of a seller of travel under certain
125 circumstances; amending s. 559.929, F.S.; revising
126 certain security requirements; amending s. 559.9295,
127 F.S.; revising the requirements that certain sellers
128 of travel submit and disclose to the department;
129 deleting provisions relating to the duties of the
130 department; amending s. 559.932, F.S.; requiring a
131 specified typeface point size for certain disclosures;
132 requiring the department to review copies of certain
133 certificates and contracts for compliance with
134 disclosure requirements; amending s. 559.933, F.S.;
135 making technical changes; amending s. 559.9335, F.S.;
136 revising violations relating to the sale of travel;
137 amending s. 559.935, F.S.; deleting a provision
138 requiring an affidavit of exemption to obtain a seller
139 of travel affiliate exemption; adding embezzlement as
140 a crime for which the department may revoke certain
141 exemptions; amending s. 559.936, F.S.; conforming
142 cross-references; amending s. 616.242, F.S.; exempting
143 water-related amusement rides operated by lodging and
144 food service establishments and membership
145 campgrounds, amusement rides at private, membership
146 only facilities, and nonprofit permanent facilities
147 from certain safety standards; authorizing owners or
148 managers of amusement rides to use alternative forms
149 to record ride inspections and employee training;
150 amending s. 713.585, F.S.; revising certain notice
151 requirements; authorizing the owner of a vehicle or a
152 person claiming an interest in the vehicle or in a
153 lien thereon to post a bond to recover possession of a
154 vehicle held by a lienor; requiring the clerk of the
155 court to issue a certificate notifying the lienor of
156 the posting of bond; establishing procedures and
157 requirements for a vehicle owner to reclaim such
158 vehicles recovered by a lienholder; authorizing courts
159 to award damages based on claims relating to the
160 enforcement of certain lien and recovery rights;
161 requiring courts to provide for the immediate payment
162 of proceeds and awards and immediate release of bonds;
163 amending s. 790.06, F.S.; revising the requirements
164 for issuance of a concealed weapon or firearm license;
165 requiring directions for expedited processing requests
166 in the license application form; revising the initial
167 and renewal fees for a concealed weapon or firearm
168 license; providing a process for expediting
169 applications for servicemembers and veterans;
170 requiring that notice of the suspension or revocation
171 of a concealed weapon or firearm license or the
172 suspension of the processing of an application for
173 such license be given by personal delivery or first
174 class mail; specifying deadlines for requests for a
175 hearing for suspensions or revocations; specifying
176 standards of proof for notice of suspensions or
177 revocations; requiring concealed weapon or firearm
178 license renewals to include an affidavit submitted
179 under oath and under penalty of perjury, rather than a
180 notarized affidavit; amending s. 790.0625, F.S.;
181 authorizing certain tax collector offices, upon
182 approval and confirmation of license issuance by the
183 department, to print and deliver concealed weapon or
184 firearm licenses; amending ss. 559.917, 559.9285, and
185 559.937, F.S.; conforming terminology; providing
186 effective dates
187
188 Be It Enacted by the Legislature of the State of Florida:
189
190 Section 1. Subsection (1) of section 472.007, Florida
191 Statutes, is amended to read:
192 472.007 Board of Professional Surveyors and Mappers.—There
193 is created in the Department of Agriculture and Consumer
194 Services the Board of Professional Surveyors and Mappers.
195 (1) The board shall consist of nine members, seven six of
196 whom shall be registered surveyors and mappers primarily engaged
197 in the practice of surveying and mapping, one of whom shall be a
198 registered surveyor and mapper with the designation of
199 photogrammetrist, and two of whom shall be laypersons who are
200 not and have never been surveyors and mappers or members of any
201 closely related profession or occupation.
202 Section 2. Subsection (3) of section 472.015, Florida
203 Statutes, is amended to read:
204 472.015 Licensure.—
205 (3)(a) Before the issuance of any license, the department
206 may charge an initial license fee as determined by rule of the
207 board. Upon receipt of the appropriate license fee, except as
208 provided in subsection (6), the department shall issue a license
209 to any person certified by the board, or its designee, as having
210 met the applicable requirements imposed by law or rule. However,
211 an applicant who is not otherwise qualified for licensure is not
212 entitled to licensure solely based on a passing score on a
213 required examination.
214 (b) The department shall waive the initial license fee for
215 an honorably discharged veteran of the United States Armed
216 Forces, the spouse of such a veteran, or a business entity that
217 has a majority ownership held by such a veteran or spouse if the
218 department receives an application, in a format prescribed by
219 the department, within 60 months after the date of the veteran’s
220 discharge from any branch of the United States Armed Forces. To
221 qualify for the waiver, a veteran must provide to the department
222 a copy of his or her DD Form 214, as issued by the United States
223 Department of Defense, or another acceptable form of
224 identification as specified by the Department of Veterans’
225 Affairs; the spouse of a veteran must provide to the department
226 a copy of the veteran’s DD Form 214, as issued by the United
227 States Department of Defense, or another acceptable form of
228 identification as specified by the Department of Veterans’
229 Affairs, and a copy of a valid marriage license or certificate
230 verifying that he or she was lawfully married to the veteran at
231 the time of discharge; or a business entity must provide to the
232 department proof that a veteran or the spouse of a veteran holds
233 a majority ownership in the business, a copy of the veteran’s DD
234 Form 214, as issued by the United States Department of Defense,
235 or another acceptable form of identification as specified by the
236 Department of Veterans’ Affairs, and, if applicable, a copy of a
237 valid marriage license or certificate verifying that the spouse
238 of the veteran was lawfully married to the veteran at the time
239 of discharge.
240 Section 3. Paragraph (c) is added to subsection (1) of
241 section 493.6105, Florida Statutes, and paragraph (j) of
242 subsection (3) and paragraph (a) of subsection (6) of that
243 section are amended, to read:
244 493.6105 Initial application for license.—
245 (1) Each individual, partner, or principal officer in a
246 corporation, shall file with the department a complete
247 application accompanied by an application fee not to exceed $60,
248 except that the applicant for a Class “D” or Class “G” license
249 is not required to submit an application fee. The application
250 fee is not refundable.
251 (c) The initial application fee for a veteran, as defined
252 in s. 1.01, if he or she applies for a Class “C,” Class “CC,”
253 Class “DI,” Class “E,” Class “EE,” Class “K,” Class “M,” Class
254 “MA,” Class “MB,” Class “MR,” or Class “RI” license within 24
255 months after being discharged from a branch of the United States
256 Armed Forces shall be waived. An eligible veteran must include a
257 copy of his or her DD Form 214, as issued by the United States
258 Department of Defense, or another acceptable form of
259 identification as specified by the Department of Veterans’
260 Affairs with his or her application in order to obtain a waiver.
261 (3) The application must contain the following information
262 concerning the individual signing the application:
263 (j) A full set of fingerprints, a fingerprint processing
264 fee, and a fingerprint retention fee. The fingerprint processing
265 and retention fees shall to be established by rule of the
266 department based upon costs determined by state and federal
267 agency charges and department processing costs, which must
268 include the cost of retaining the fingerprints in the statewide
269 automated biometric identification system established in s.
270 943.05(2)(b) and the cost of enrolling the fingerprints in the
271 national retained print arrest notification program as required
272 under s. 493.6108. An applicant who has, within the immediately
273 preceding 6 months, submitted such fingerprints and fees fee for
274 licensing purposes under this chapter and who still holds a
275 valid license is not required to submit another set of
276 fingerprints or another fingerprint processing fee. An applicant
277 who holds multiple licenses issued under this chapter is
278 required to pay only a single fingerprint retention fee.
279 (6) In addition to the requirements under subsection (3),
280 an applicant for a Class “K” license must:
281 (a) Submit one of the following:
282 1. The Florida Criminal Justice Standards and Training
283 Commission Instructor Certificate and written confirmation by
284 the commission that the applicant possesses an active firearms
285 certification.
286 2. The National Rifle Association Private Security Firearm
287 Instructor Certificate.
288 3. A firearms instructor certificate issued by a federal
289 law enforcement agency.
290 4. An International Association of Law Enforcement Firearms
291 Instructors certification.
292 5. A Second Amendment Foundation Training Division Firearms
293 Instructors certification.
294 Section 4. Paragraph (f) of subsection (1) of section
295 493.6106, Florida Statutes, is amended to read:
296 493.6106 License requirements; posting.—
297 (1) Each individual licensed by the department must:
298 (f) Be a citizen or permanent legal resident alien of the
299 United States or have appropriate authorization issued by the
300 United States Citizenship and Immigration Services of the United
301 States Department of Homeland Security.
302 1. An applicant for a Class “C,” Class “CC,” Class “D,”
303 Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
304 “MB,” Class “MR,” or Class “RI” license who is not a United
305 States citizen must submit proof of current employment
306 authorization issued by the United States Citizenship and
307 Immigration Services or proof that she or he is deemed a
308 permanent legal resident alien by the United States Citizenship
309 and Immigration Services.
310 2. An applicant for a Class “G” or Class “K” license who is
311 not a United States citizen must submit proof that she or he is
312 deemed a permanent legal resident alien by the United States
313 Citizenship and Immigration Services, together with additional
314 documentation establishing that she or he has resided in the
315 state of residence shown on the application for at least 90
316 consecutive days before the date that the application is
317 submitted.
318 3. An applicant for an agency or school license who is not
319 a United States citizen or permanent legal resident alien must
320 submit documentation issued by the United States Citizenship and
321 Immigration Services stating that she or he is lawfully in the
322 United States and is authorized to own and operate the type of
323 agency or school for which she or he is applying. An employment
324 authorization card issued by the United States Citizenship and
325 Immigration Services is not sufficient documentation.
326 Section 5. Subsection (6) is added to section 493.6107,
327 Florida Statutes, to read:
328 493.6107 Fees.—
329 (6) The initial license fee for a veteran, as defined in s.
330 1.01, shall be waived if he or she applies for a Class “M” or
331 Class “K” license within 24 months after being discharged from
332 any branch of the United States Armed Forces. An eligible
333 veteran must include a copy of his or her DD Form 214, as issued
334 by the United States Department of Defense, or another
335 acceptable form of identification as specified by the Department
336 of Veterans’ Affairs with his or her application in order to
337 obtain a waiver.
338 Section 6. Subsections (4) and (5) are added to section
339 493.6108, Florida Statutes, to read:
340 493.6108 Investigation of applicants by Department of
341 Agriculture and Consumer Services.—
342 (4) The Department of Law Enforcement shall:
343 (a) Retain and enter into the statewide automated biometric
344 identification system established in s. 943.05(2)(b) all
345 fingerprints submitted to the Department of Agriculture and
346 Consumer Services pursuant to this chapter.
347 (b) When the Department of Law Enforcement begins
348 participation in the Federal Bureau of Investigation’s national
349 retained print arrest notification program, enroll such
350 fingerprints in the program. The fingerprints must thereafter be
351 available for arrest notifications and all purposes and uses
352 authorized for arrest fingerprint submissions entered into the
353 statewide automated biometric identification system established
354 in s. 943.05(2)(b).
355 (c) Search all arrest fingerprints against fingerprints
356 retained.
357 (d) Report to the Department of Agriculture and Consumer
358 Services any arrest record that it identifies or that is
359 identified by the Federal Bureau of Investigation.
360 (5) If the department receives information about an arrest
361 within the state of a person who holds a valid license issued
362 under this chapter for a crime that could potentially disqualify
363 the person from holding such a license, the department must
364 provide the arrest information to the agency that employs the
365 licensee.
366 Section 7. Subsections (1) and (3) of section 493.6113,
367 Florida Statutes, are amended to read:
368 493.6113 Renewal application for licensure.—
369 (1) A license granted under the provisions of this chapter
370 shall be renewed biennially by the department, except for Class
371 “A,” Class “B,” Class “AB,” Class “K,” Class “R,” and branch
372 agency licenses, which shall be renewed every 3 years.
373 (3) Each licensee is responsible for renewing his or her
374 license on or before its expiration by filing with the
375 department an application for renewal accompanied by payment of
376 the renewal fee and the fingerprint retention fee to cover the
377 cost of ongoing retention in the statewide automated biometric
378 identification system established in s. 943.05(2)(b) prescribed
379 license fee. A person holding a valid license issued under this
380 chapter before January 1, 2017, must submit, upon first renewal
381 of the license, a full set of fingerprints and a fingerprint
382 processing fee to cover the cost of entering the fingerprints
383 into the statewide automated biometric identification system
384 under s. 493.6108(4)(a). Subsequent renewals may be completed
385 without submission of a set of fingerprints.
386 (a) Each Class “B” licensee shall additionally submit on a
387 form prescribed by the department a certification of insurance
388 that evidences that the licensee maintains coverage as required
389 under s. 493.6110.
390 (b) Each Class “G” licensee shall additionally submit proof
391 that he or she has received during each year of the license
392 period a minimum of 4 hours of firearms recertification training
393 taught by a Class “K” licensee and has complied with such other
394 health and training requirements that the department shall adopt
395 by rule. Proof of completion of firearms recertification
396 training shall be submitted to the department upon completion of
397 the training. If the licensee fails to complete the required 4
398 hours of annual training during the first year of the 2-year
399 term of the license, the license shall be automatically
400 suspended. The licensee must complete the minimum number of
401 hours of range and classroom training required at the time of
402 initial licensure and submit proof of completion of such
403 training to the department before the license may be reinstated.
404 If the licensee fails to complete the required 4 hours of annual
405 training during the second year of the 2-year term of the
406 license, the licensee must complete the minimum number of hours
407 of range and classroom training required at the time of initial
408 licensure and submit proof of completion of such training to the
409 department before the license may be renewed. The department may
410 waive the firearms training requirement if:
411 1. The applicant provides proof that he or she is currently
412 certified as a law enforcement officer or correctional officer
413 under the Criminal Justice Standards and Training Commission and
414 has completed law enforcement firearms requalification training
415 annually during the previous 2 years of the licensure period;
416 2. The applicant provides proof that he or she is currently
417 certified as a federal law enforcement officer and has received
418 law enforcement firearms training administered by a federal law
419 enforcement agency annually during the previous 2 years of the
420 licensure period; or
421 3. The applicant submits a valid firearm certificate among
422 those specified in s. 493.6105(6)(a) and provides proof of
423 having completed requalification training during the previous 2
424 years of the licensure period.
425 (c) Each Class “DS” or Class “RS” licensee shall
426 additionally submit the current curriculum, examination, and
427 list of instructors.
428 (d) Each Class “K” licensee shall additionally submit one
429 of the certificates specified under s. 493.6105(6) as proof that
430 he or she remains certified to provide firearms instruction.
431 Section 8. Subsection (4) is added to section 493.6202,
432 Florida Statutes, to read:
433 493.6202 Fees.—
434 (4) The initial license fee for a veteran, as defined in s.
435 1.01, shall be waived if he or she applies for a Class “C,”
436 Class “CC,” or Class “MA” license within 24 months after being
437 discharged from any branch of the United States Armed Forces. An
438 eligible veteran must include a copy of his or her DD Form 214,
439 as issued by the United States Department of Defense, or another
440 acceptable form of identification as specified by the Department
441 of Veterans’ Affairs with his or her application in order to
442 obtain a waiver.
443 Section 9. Subsection (4) is added to section 493.6302,
444 Florida Statutes, to read:
445 493.6302 Fees.—
446 (4) The initial license fee for a veteran, as defined in s.
447 1.01, shall be waived if he or she applies for a Class “D,”
448 Class “DI,” or Class “MB” license within 24 months after being
449 discharged from any branch of the United States Armed Forces. An
450 eligible veteran must include a copy of his or her DD Form 214,
451 as issued by the United States Department of Defense, or another
452 acceptable form of identification as specified by the Department
453 of Veterans’ Affairs with his or her application in order to
454 obtain a waiver.
455 Section 10. Subsection (4) is added to section 493.6402,
456 Florida Statutes, to read:
457 493.6402 Fees.—
458 (4) The initial license fee for a veteran, as defined in s.
459 1.01, shall be waived if he or she applies for a Class “E,”
460 Class “EE,” Class “MR,” or Class “RI” license within 24 months
461 after being discharged from any branch of the United States
462 Armed Forces. An eligible veteran must include a copy of his or
463 her DD Form 214, as issued by the United States Department of
464 Defense, or another acceptable form of identification as
465 specified by the Department of Veterans’ Affairs with his or her
466 application in order to obtain a waiver.
467 Section 11. Subsection (1) of section 501.0125, Florida
468 Statutes, is amended, and subsection (6) is added to that
469 section, to read:
470 501.0125 Health studios; definitions.—For purposes of ss.
471 501.012-501.019, the following terms shall have the following
472 meanings:
473 (1) “Health studio” means any person who is engaged in the
474 sale of services for instruction, training, or assistance in a
475 program of physical exercise or in the sale of services for the
476 right or privilege to use equipment or facilities in furtherance
477 of a program of physical exercise. The term does not include an
478 individual acting as a personal trainer.
479 (6) “Personal trainer” means an individual:
480 (a) Who does not have an established place of business for
481 the primary purpose of the conducting of physical exercise;
482 (b) Whose provision of exercise equipment is incidental to
483 the instruction provided; and
484 (c) Who does not accept payment for services that are to be
485 rendered more than 30 days after the date of payment.
486 Section 12. Subsection (2) of section 501.015, Florida
487 Statutes, is amended to read:
488 501.015 Health studios; registration requirements and
489 fees.—Each health studio shall:
490 (2) Remit an annual registration fee of $300 to the
491 department at the time of registration for each of the health
492 studio’s business locations. The department shall waive the
493 initial registration fee for an honorably discharged veteran of
494 the United States Armed Forces, the spouse of such a veteran, or
495 a business entity that has a majority ownership held by such a
496 veteran or spouse if the department receives an application, in
497 a format prescribed by the department, within 60 months after
498 the date of the veteran’s discharge from any branch of the
499 United States Armed Forces. To qualify for the waiver, a veteran
500 must provide to the department a copy of his or her DD Form 214,
501 as issued by the United States Department of Defense, or another
502 acceptable form of identification as specified by the Department
503 of Veterans’ Affairs; the spouse of a veteran must provide to
504 the department a copy of the veteran’s DD Form 214, as issued by
505 the United States Department of Defense, or another acceptable
506 form of identification as specified by the Department of
507 Veterans’ Affairs, and a copy of a valid marriage license or
508 certificate verifying that he or she was lawfully married to the
509 veteran at the time of discharge; or a business entity must
510 provide to the department proof that a veteran or the spouse of
511 a veteran holds a majority ownership in the business, a copy of
512 the veteran’s DD Form 214, as issued by the United States
513 Department of Defense, or another acceptable form of
514 identification as specified by the Department of Veterans’
515 Affairs, and, if applicable, a copy of a valid marriage license
516 or certificate verifying that the spouse of the veteran was
517 lawfully married to the veteran at the time of discharge.
518 Section 13. Paragraph (j) of subsection (2) and paragraph
519 (b) of subsection (5) of section 501.605, Florida Statutes, are
520 amended to read:
521 501.605 Licensure of commercial telephone sellers.—
522 (2) An applicant for a license as a commercial telephone
523 seller must submit to the department, in such form as it
524 prescribes, a written application for the license. The
525 application must set forth the following information:
526 (j) The complete street address of each location,
527 designating the principal location, from which the applicant
528 will be doing business. The street address may not be If any
529 location is a mail drop, this shall be disclosed as such.
530
531 The application shall be accompanied by a copy of any: Script,
532 outline, or presentation the applicant will require or suggest a
533 salesperson to use when soliciting, or, if no such document is
534 used, a statement to that effect; sales information or
535 literature to be provided by the applicant to a salesperson; and
536 sales information or literature to be provided by the applicant
537 to a purchaser in connection with any solicitation.
538 (5) An application filed pursuant to this part must be
539 verified and accompanied by:
540 (b) A fee for licensing in the amount of $1,500. The fee
541 shall be deposited into the General Inspection Trust Fund. The
542 department shall waive the initial license fee for an honorably
543 discharged veteran of the United States Armed Forces, the spouse
544 of such a veteran, or a business entity that has a majority
545 ownership held by such a veteran or spouse if the department
546 receives an application, in a format prescribed by the
547 department, within 60 months after the date of the veteran’s
548 discharge from any branch of the United States Armed Forces. To
549 qualify for the waiver, a veteran must provide to the department
550 a copy of his or her DD Form 214, as issued by the United States
551 Department of Defense, or another acceptable form of
552 identification as specified by the Department of Veterans’
553 Affairs; the spouse of a veteran must provide to the department
554 a copy of the veteran’s DD Form 214, as issued by the United
555 States Department of Defense, or another acceptable form of
556 identification as specified by the Department of Veterans’
557 Affairs, and a copy of a valid marriage license or certificate
558 verifying that he or she was lawfully married to the veteran at
559 the time of discharge; or a business entity must provide to the
560 department proof that a veteran or the spouse of a veteran holds
561 a majority ownership in the business, a copy of the veteran’s DD
562 Form 214, as issued by the United States Department of Defense,
563 or another acceptable form of identification as specified by the
564 Department of Veterans’ Affairs, and, if applicable, a copy of a
565 valid marriage license or certificate verifying that the spouse
566 of the veteran was lawfully married to the veteran at the time
567 of discharge.
568 Section 14. Paragraph (b) of subsection (2) of section
569 501.607, Florida Statutes, is amended to read:
570 501.607 Licensure of salespersons.—
571 (2) An application filed pursuant to this section must be
572 verified and be accompanied by:
573 (b) A fee for licensing in the amount of $50 per
574 salesperson. The fee shall be deposited into the General
575 Inspection Trust Fund. The fee for licensing may be paid after
576 the application is filed, but must be paid within 14 days after
577 the applicant begins work as a salesperson. The department shall
578 waive the initial license fee for an honorably discharged
579 veteran of the United States Armed Forces, the spouse of such a
580 veteran, or a business entity that has a majority ownership held
581 by such a veteran or spouse if the department receives an
582 application, in a format prescribed by the department, within 60
583 months after the date of the veteran’s discharge from any branch
584 of the United States Armed Forces. To qualify for the waiver, a
585 veteran must provide to the department a copy of his or her DD
586 Form 214, as issued by the United States Department of Defense,
587 or another acceptable form of identification as specified by the
588 Department of Veterans’ Affairs; the spouse of a veteran must
589 provide to the department a copy of the veteran’s DD Form 214,
590 as issued by the United States Department of Defense, or another
591 acceptable form of identification as specified by the Department
592 of Veterans’ Affairs, and a copy of a valid marriage license or
593 certificate verifying that he or she was lawfully married to the
594 veteran at the time of discharge; or a business entity must
595 provide to the department proof that a veteran or the spouse of
596 a veteran holds a majority ownership in the business, a copy of
597 the veteran’s DD Form 214, as issued by the United States
598 Department of Defense, or another acceptable form of
599 identification as specified by the Department of Veterans’
600 Affairs, and, if applicable, a copy of a valid marriage license
601 or certificate verifying that the spouse of the veteran was
602 lawfully married to the veteran at the time of discharge.
603 Section 15. Subsection (3) of section 507.03, Florida
604 Statutes, is amended to read:
605 507.03 Registration.—
606 (3)(a) Registration fees shall be calculated at the rate of
607 $300 per year per mover or moving broker. All amounts collected
608 shall be deposited by the Chief Financial Officer to the credit
609 of the General Inspection Trust Fund of the department for the
610 sole purpose of administration of this chapter.
611 (b) The department shall waive the initial registration fee
612 for an honorably discharged veteran of the United States Armed
613 Forces, the spouse of such a veteran, or a business entity that
614 has a majority ownership held by such a veteran or spouse if the
615 department receives an application, in a format prescribed by
616 the department, within 60 months after the date of the veteran’s
617 discharge from any branch of the United States Armed Forces. To
618 qualify for the waiver, a veteran must provide to the department
619 a copy of his or her DD Form 214, as issued by the United States
620 Department of Defense, or another acceptable form of
621 identification as specified by the Department of Veterans’
622 Affairs; the spouse of a veteran must provide to the department
623 a copy of the veteran’s DD Form 214, as issued by the United
624 States Department of Defense, or another acceptable form of
625 identification as specified by the Department of Veterans’
626 Affairs, and a copy of a valid marriage license or certificate
627 verifying that he or she was lawfully married to the veteran at
628 the time of discharge; or a business entity must provide to the
629 department proof that a veteran or the spouse of a veteran holds
630 a majority ownership in the business, a copy of the veteran’s DD
631 Form 214, as issued by the United States Department of Defense,
632 or another acceptable form of identification as specified by the
633 Department of Veterans’ Affairs, and, if applicable, a copy of a
634 valid marriage license or certificate verifying that the spouse
635 of the veteran was lawfully married to the veteran at the time
636 of discharge.
637 Section 16. Subsection (3) of section 527.02, Florida
638 Statutes, is amended to read:
639 527.02 License; penalty; fees.—
640 (3)(a) An Any applicant for an original license who submits
641 an whose application is submitted during the last 6 months of
642 the license year may have the original license fee reduced by
643 one-half for the 6-month period. This provision applies shall
644 apply only to those companies applying for an original license
645 and may shall not be applied to licensees who held a license
646 during the previous license year and failed to renew the
647 license. The department may refuse to issue an initial license
648 to an any applicant who is under investigation in any
649 jurisdiction for an action that would constitute a violation of
650 this chapter until such time as the investigation is complete.
651 (b) The department shall waive the initial license fee for
652 an honorably discharged veteran of the United States Armed
653 Forces, the spouse of such a veteran, or a business entity that
654 has a majority ownership held by such a veteran or spouse if the
655 department receives an application, in a format prescribed by
656 the department, within 60 months after the date of the veteran’s
657 discharge from any branch of the United States Armed Forces. To
658 qualify for the waiver, a veteran must provide to the department
659 a copy of his or her DD Form 214, as issued by the United States
660 Department of Defense or another acceptable form of
661 identification as specified by the Department of Veterans’
662 Affairs; the spouse of a veteran must provide to the department
663 a copy of the veteran’s DD Form 214, as issued by the United
664 States Department of Defense, or another acceptable form of
665 identification as specified by the Department of Veterans’
666 Affairs, and a copy of a valid marriage license or certificate
667 verifying that he or she was lawfully married to the veteran at
668 the time of discharge; or a business entity must provide to the
669 department proof that a veteran or the spouse of a veteran holds
670 a majority ownership in the business, a copy of the veteran’s DD
671 Form 214, as issued by the United States Department of Defense,
672 or another acceptable form of identification as specified by the
673 Department of Veterans’ Affairs, and, if applicable, a copy of a
674 valid marriage license or certificate verifying that the spouse
675 of the veteran was lawfully married to the veteran at the time
676 of discharge.
677 Section 17. Subsection (4) of section 527.021, Florida
678 Statutes, is amended to read:
679 527.021 Registration of transport vehicles.—
680 (4) An inspection fee of $50 shall be assessed for each
681 registered vehicle inspected by the department pursuant to s.
682 527.061. All inspection fees collected in connection with this
683 section shall be deposited in the General Inspection Trust Fund
684 for the purpose of administering the provisions of this chapter.
685 Section 18. Subsection (1) of section 531.37, Florida
686 Statutes, is amended to read:
687 531.37 Definitions.—As used in this chapter:
688 (1) “Weights and measures” means all weights and measures
689 of every kind, instruments, and devices for weighing and
690 measuring, and any appliance and accessories associated with any
691 or all such instruments and devices, excluding those weights and
692 measures used for the purpose of inspecting the accuracy of
693 devices used in conjunction with aviation fuel.
694 Section 19. Subsections (1) and (2) of section 531.415,
695 Florida Statutes, are amended to read:
696 531.415 Fees.—
697 (1) The department shall charge and collect fees of not
698 more than the following fees for actual metrology laboratory
699 calibration and testing services rendered:
700 (a) For each mass standard that is tested or certified to
701 meet tolerances less stringent than American National Standards
702 Institute/American Society for Testing and Materials (ANSI/ASTM)
703 Standard E617 Class 4, the department shall charge a fee of not
704 more than:
705 Weight Fee/Unit
706 0 - 2 lb. $6
707 3 - 10 lb. $8
708 11 - 50 lb. $12
709 51 - 500 lb. $20
710 501 - 1000 lb. $30
711 1001 - 2500 lb. $40
712 2501 - 5000 lb. $50
713 (b) For each mass standard that is tested or certified to
714 meet ANSI/ASTM Standard Class 4 or National Institute of
715 Standards and Technology Class P tolerances, the department
716 shall charge a fee of not more than:
717 Weight Fee/Unit
718 0 - 10 lb. $20
719 11 - 50 lb. $30
720 51 - 500 lb. $40
721 501 - 1000 lb. $50
722 1001 - 2500 lb. $60
723 2501 - 5000 lb. $75
724 (c) For each mass standard that is calibrated to determine
725 actual mass or apparent mass values, the department shall charge
726 a fee of not more than:
727 Weight Fee/Unit
728 0 - 20 lb. $40
729 21 - 50 lb. $50
730 51 - 1000 lb. $70
731 1001 - 2500 lb. $150
732 2501 - 5000 lb. $250
733 (d) For each volumetric flask, graduate, or test measure,
734 the department shall charge a fee of not more than:
735 Vessel Fee/Test Point
736 0 - 5 gal. $35
737 Over 5 gal. Plus $0.75 for each additional gallon
738 (e) For each linear measure that is tested or certified,
739 the department shall charge a fee of not more than $75.
740 (e)(f) For each linear measure test that is calibrated to
741 determine actual values, the department shall charge a fee of
742 $75 not more than $100.
743 (g) For each liquid-in-glass or electronic thermometer that
744 is tested or certified, the department shall charge a fee of not
745 more than $50.
746 (f)(h) For each temperature measuring device, liquid-in
747 glass or electronic thermometer that is calibrated to determine
748 actual values, the department shall charge a fee of $50 not more
749 than $100.
750 (g)(i) For each special test or special preparation, the
751 department shall charge a fee of not more than $50 per hour.
752 (2) Each fee is payable to the department at the time the
753 testing is done, regardless of whether the item tested is
754 certified. The department may refuse to accept for testing any
755 item deemed by the department to be unsuitable for its intended
756 use or not to be in a condition ready for testing. The
757 department shall deposit all fees collected under this section
758 into the General Inspection Trust Fund.
759 Section 20. Section 531.60, Florida Statutes, is amended to
760 read:
761 531.60 Permit for commercially operated or tested weights
762 or measures instrument or devices.—
763 (1) A weights and measures instrument or device may not
764 operate or be used for commercial purposes, as defined by
765 department rule, within this state without first being permitted
766 through a valid commercial use permit issued by the department
767 to the person who owns the weights and measures device, unless
768 exempted as provided in s. 531.61. Such permit applies only to
769 the specific location and instrument types or device types
770 listed on for which the permit was issued. However, the
771 department may allow such permit to be applicable to a
772 replacement for the original instrument or device.
773 (2) If ownership of a business an instrument or device for
774 which a permit has been issued changes and the instruments or
775 devices affected by the permit instrument or device:
776 (a) Remain Remains in the same location, the permit
777 transfers to the new owner and remains in effect until its
778 original expiration date. Within 30 days after the change in
779 ownership, the new owner shall notify the department of the
780 change and provide the pertinent information regarding the
781 change in ownership and an updated replacement permit shall be
782 issued if needed.
783 (b) Move Moves to a new location, the permit automatically
784 expires and a new permit must be applied for by the new owner of
785 the instruments or devices issued which will expire 1 year
786 following the date of issuance.
787 (3) A person who holds a permit that has been issued under
788 this section must notify the department within 30 days after a
789 change in permit status or if a permit will not be renewed due
790 to the termination in use or removal of all weighing and
791 measuring instruments or devices from the permitted location
792 Weights and measures instruments or devices that are not used
793 commercially may be tested by the department under this chapter
794 only if they are permitted and appropriate fees paid as
795 prescribed by this section and adopted rules.
796 Section 21. Section 531.61, Florida Statutes, is amended to
797 read:
798 531.61 Exemptions from permit requirement.—Commercial
799 weights or measures instruments or devices are exempt from the
800 permit requirements of ss. 531.60-531.66 if:
801 (1) The device is a taximeter that is licensed, permitted,
802 or registered by a municipality, county, or other local
803 government and is tested for accuracy and compliance with state
804 standards by the local government in cooperation with the state
805 as authorized in s. 531.421.
806 (2) The device is used exclusively for weighing railroad
807 cars and is tested for accuracy and compliance with state
808 standards by a private testing agency.
809 (3) The device is used exclusively for measuring aviation
810 fuel or petroleum products inspected under chapter 525.
811 Section 22. Subsections (1), (2), and (4) of section
812 531.62, Florida Statutes, are amended to read:
813 531.62 Permit application and renewal.—
814 (1) An application for a weights and measures commercial
815 use permit shall be submitted to the department on a form
816 prescribed and furnished by the department and must contain such
817 information as the department may require by rule.
818 (2) The application must be accompanied by a fee in an
819 amount determined by the number and types of instruments or
820 devices covered by the permit as provided by department rule.
821 However, the fee for each instrument or device listed on the
822 permit may not exceed the maximum limits set forth in s. 531.63.
823 (4) A permit expires 2 years 1 year following its date of
824 issue and must be renewed biennially annually. If a complete an
825 application package for renewal is not received by the
826 department before the permit expires within 30 days after its
827 due date, a late fee of up to $100 must be paid in addition to
828 the annual commercial use permit fee. However, a person may
829 elect to renew a commercial use permit on an annual basis rather
830 than a biennial basis. An annual renewal must meet the same
831 requirements and conditions as a biennial renewal.
832 Section 23. Paragraph (a) of subsection (1) and subsection
833 (2) of section 531.63, Florida Statutes, are amended to read:
834 531.63 Maximum permit fees.—The commercial use permit fees
835 established for weights or measures instruments or devices shall
836 be in an amount necessary to administer this chapter but may not
837 exceed the amounts provided in this section.
838 (1) For weighing devices, the fees must be based on the
839 manufacturer’s rated capacity or the device’s design and use and
840 whether measuring by inch or pounds or the metric equivalent:
841 (a) For weighing devices of up to and including the 100
842 pound capacity which are used during any portion of the period
843 covered by the permit, the maximum annual fees per category of
844 device retail establishment may not exceed the following:
845 Number of devices
846 in a single category retail
847 establishment Maximum Fee
848 1 to 5 $60
849 6 to 10 $150
850 11 to 30 $200
851 More than 30 $300
852 (2) For other measuring devices, the annual permit fees per
853 device may not exceed the following:
854 (a) Mass flow meters having a maximum flow rate of up to
855 150 pounds per minute......................................$100.
856 This includes all mass flow meters used to dispense compressed
857 and liquefied natural gas for retail sale.
858 (b) Mass flow meters having a maximum flow rate greater
859 than 150 pounds per minute.................................$500.
860 (c) Volumetric flow meters having a maximum flow rate of up
861 to 20 gallons per minute....................................$50.
862 This includes all devices used to dispense diesel exhaust fluid
863 for retail sale.
864 (d) Volumetric flow meters having a maximum flow rate
865 greater than 20 gallons per minute.........................$100.
866 (e) Tanks, under 500 gallons capacity, used as measure
867 containers, with or without gage rods or markers...........$100.
868 (f) Tanks, 500 or more gallons capacity, used as measure
869 containers, with or without gage rods or markers...........$200.
870 (g) Taximeters.......................................$50.
871 (h) Grain moisture meters............................$25.
872 (h)(i) Multiple-dimension measuring
873 devices....................................................$100.
874 (i) Liquefied petroleum gas bulk delivery vehicles with a
875 meter owned or leased by a liquefied petroleum gas licensee$150.
876 Section 24. Section 531.65, Florida Statutes, is amended to
877 read:
878 531.65 Unauthorized use; penalties.—If a weights or
879 measures instrument or device is used commercially without a
880 valid commercial use permit, the department may do one or more
881 of the following:
882 (1) Prohibit the further commercial use of the unpermitted
883 instrument or device until the proper permit has been issued.;
884 (2) Employ and attach to the instrument or device such
885 form, notice, tag, or seal to prevent the continued unauthorized
886 use of the instrument or device.;
887 (3) In addition to the permit fees prescribed by rule for
888 the commercial use of a weights and measures instrument or
889 device, assess the late fee authorized under s. 531.62.; or
890 (4) Impose penalties as prescribed in s. 531.50 in addition
891 to the payment of appropriate permit fees for the commercial use
892 of a weights and measures instrument or device.
893 Section 25. Paragraph (c) of subsection (3) of section
894 539.001, Florida Statutes, is amended to read:
895 539.001 The Florida Pawnbroking Act.—
896 (3) LICENSE REQUIRED.—
897 (c) Each license is valid for a period of 1 year unless it
898 is earlier relinquished, suspended, or revoked. Each license
899 shall be renewed annually, and each licensee shall, initially
900 and annually thereafter, pay to the agency a license fee of $300
901 for each license held. The agency shall waive the initial
902 license fee for an honorably discharged veteran of the United
903 States Armed Forces, the spouse of such a veteran, or a business
904 entity that has a majority ownership held by such a veteran or
905 spouse if the agency receives an application, in a format
906 prescribed by the agency, within 60 months after the date of the
907 veteran’s discharge from any branch of the United States Armed
908 Forces. To qualify for the waiver, a veteran must provide to the
909 agency a copy of his or her DD Form 214, as issued by the United
910 States Department of Defense, or another acceptable form of
911 identification as specified by the Department of Veterans’
912 Affairs; the spouse of a veteran must provide to the agency a
913 copy of the veteran’s DD Form 214, as issued by the United
914 States Department of Defense, or another acceptable form of
915 identification as specified by the Department of Veterans’
916 Affairs, and a copy of a valid marriage license or certificate
917 verifying that he or she was lawfully married to the veteran at
918 the time of discharge; or a business entity must provide to the
919 agency proof that a veteran or the spouse of a veteran holds a
920 majority ownership in the business, a copy of the veteran’s DD
921 Form 214, as issued by the United States Department of Defense,
922 or another acceptable form of identification as specified by the
923 Department of Veterans’ Affairs, and, if applicable, a copy of a
924 valid marriage license or certificate verifying that the spouse
925 of the veteran was lawfully married to the veteran at the time
926 of discharge.
927 Section 26. Subsection (3) of section 559.904, Florida
928 Statutes, is amended to read:
929 559.904 Motor vehicle repair shop registration;
930 application; exemption.—
931 (3)(a) Each application for registration must be
932 accompanied by a registration fee calculated on a per-year basis
933 as follows:
934 1.(a) If the place of business has 1 to 5 employees: $50.
935 2.(b) If the place of business has 6 to 10 employees: $150.
936 3.(c) If the place of business has 11 or more employees:
937 $300.
938 (b) The department shall waive the initial registration fee
939 for an honorably discharged veteran of the United States Armed
940 Forces, the spouse of such a veteran, or a business entity that
941 has a majority ownership held by such a veteran or spouse if the
942 department receives an application, in a format prescribed by
943 the department, within 60 months after the date of the veteran’s
944 discharge from any branch of the United States Armed Forces. To
945 qualify for the waiver, a veteran must provide to the department
946 a copy of his or her DD Form 214, as issued by the United States
947 Department of Defense, or another acceptable form of
948 identification as specified by the Department of Veterans’
949 Affairs; the spouse of a veteran must provide to the department
950 a copy of the veteran’s DD Form 214, as issued by the United
951 States Department of Defense, or another acceptable form of
952 identification as specified by the Department of Veterans’
953 Affairs, and a copy of a valid marriage license or certificate
954 verifying that he or she was lawfully married to the veteran at
955 the time of discharge; or a business entity must provide to the
956 department proof that a veteran or the spouse of a veteran holds
957 a majority ownership in the business, a copy of the veteran’s DD
958 Form 214, as issued by the United States Department of Defense
959 or another acceptable form of identification as specified by the
960 Department of Veterans’ Affairs, and, if applicable, a copy of a
961 valid marriage license or certificate verifying that the spouse
962 of the veteran was lawfully married to the veteran at the time
963 of discharge.
964 Section 27. Subsections (1), (7), (8), (10), (11), and (13)
965 of section 559.927, Florida Statutes, are amended to read:
966 559.927 Definitions.—For the purposes of this part, the
967 term:
968 (1) “Accommodations” means any hotel or motel room,
969 condominium or cooperative unit, cabin, lodge, or apartment; any
970 other commercial structure designed for occupancy by one or more
971 individuals; or any lodging establishment as provided by law.
972 The term does not include long-term home rentals covered under a
973 lease pursuant to chapter 83.
974 (7) “Prearranged travel or, tourist-related services, or
975 tour-guide services” includes, but is not limited to, car
976 rentals, lodging, transfers, and sightseeing tours and all other
977 such services that which are reasonably related to air, sea,
978 rail, motor coach, or other medium of transportation, or
979 accommodations for which a purchaser receives a premium or
980 contracts or pays before prior to or after departure. This term
981 These terms also includes include services for which a
982 purchaser, whose legal residence is outside the United States,
983 contracts or pays before prior to departure, and any arrangement
984 by which a purchaser prepays for, receives a reservation or any
985 other commitment to provide services before prior to departure
986 for, or otherwise arranges for travel directly to a terrorist
987 state and which originates in Florida.
988 (8) “Purchaser” means the purchaser of, or person otherwise
989 entitled to receive, prearranged travel or, tourist-related
990 services, or tour-guide services, for a fee or commission, or
991 who has acquired a vacation certificate for personal use.
992 (10) “Satisfactory consumer complaint history” means no
993 unresolved complaints regarding prearranged travel or, tourist
994 related services, or tour-guide services are on file with the
995 department. A complaint is unresolved when a seller of travel
996 does not respond to the department’s efforts to mediate the
997 complaint or a complaint where the department has determined
998 that a violation of this part has occurred and the complainant
999 complaint has not been satisfied by the seller of travel.
1000 (11) “Seller of travel” means any resident or nonresident
1001 person, firm, corporation, or business entity who offers for
1002 sale, directly or indirectly, at wholesale or retail,
1003 prearranged travel or, tourist-related services, or tour-guide
1004 services for individuals or groups, including, but not limited
1005 to, vacation or tour packages, or vacation certificates in
1006 exchange for a fee, commission, or other valuable consideration.
1007 The term includes any business entity offering membership in a
1008 travel club or travel services for an advance fee or payment,
1009 even if no travel contracts or certificates or vacation or tour
1010 packages are sold by the business entity.
1011 (13) “Vacation certificate” means any advance travel
1012 purchase arrangement, plan, program, or vacation package that
1013 promotes, discusses, or discloses a destination or itinerary or
1014 type of travel, whereby a purchaser for consideration paid in
1015 advance is entitled to the use of travel, accommodations, or
1016 facilities for any number of days, whether certain or uncertain,
1017 during the period in which the certificate can be exercised, and
1018 no specific date or dates for its use are designated. A vacation
1019 certificate does not include prearranged travel or, tourist
1020 related services, or tour-guide services when a seller of travel
1021 remits full payment for the cost of such services to the
1022 provider or supplier within 10 business days of the purchaser’s
1023 initial payment to the seller of travel. The term does not
1024 include travel if exact travel dates are selected, guaranteed,
1025 and paid for at the time of the purchase.
1026 Section 28. Section 559.928, Florida Statutes, is amended
1027 to read:
1028 559.928 Registration.—
1029 (1) Each seller of travel shall annually register with the
1030 department, providing: its legal business or trade name, mailing
1031 address, and business locations; the full names, addresses, and
1032 telephone numbers of its owners or corporate officers and
1033 directors and the Florida agent of the corporation; a statement
1034 whether it is a domestic or foreign corporation, its state and
1035 date of incorporation, its charter number, and, if a foreign
1036 corporation, the date it registered with this state, and
1037 business tax receipt where applicable; the date on which a
1038 seller of travel registered its fictitious name if the seller of
1039 travel is operating under a fictitious or trade name; the name
1040 of all other corporations, business entities, and trade names
1041 through which each owner of the seller of travel operated, was
1042 known, or did business as a seller of travel within the
1043 preceding 5 years; a list of all authorized independent agents,
1044 including the agent’s trade name, full name, mailing address,
1045 business address, and telephone numbers; the business location
1046 and address of each branch office and full name and address of
1047 the manager or supervisor; the certification required under s.
1048 559.9285; and proof of purchase of adequate bond as required in
1049 this part. A certificate evidencing proof of registration shall
1050 be issued by the department and must be prominently displayed in
1051 the seller of travel’s primary place of business.
1052 (2)(a) Registration fees shall be as follows:
1053 1. Three hundred dollars per year per registrant certifying
1054 its business activities under s. 559.9285(1)(a).
1055 2. One thousand dollars per year per registrant certifying
1056 its business activities under s. 559.9285(1)(b).
1057 3. Twenty-five hundred dollars per year per registrant
1058 certifying its business activities under s. 559.9285(1)(c).
1059 (b) All amounts collected shall be deposited by the Chief
1060 Financial Officer to the credit of the General Inspection Trust
1061 Fund of the Department of Agriculture and Consumer Services
1062 pursuant to s. 570.20, for the sole purpose of administration of
1063 this part.
1064 (c) The department shall waive the initial registration fee
1065 for an honorably discharged veteran of the United States Armed
1066 Forces, the spouse of such a veteran, or a business entity that
1067 has a majority ownership held by such a veteran or spouse if the
1068 department receives an application, in a format prescribed by
1069 the department, within 60 months after the date of the veteran’s
1070 discharge from any branch of the United States Armed Forces. To
1071 qualify for the waiver, a veteran must provide to the department
1072 a copy of his or her DD Form 214, as issued by the United States
1073 Department of Defense, or another acceptable form of
1074 identification as specified by the Department of Veterans’
1075 Affairs; the spouse of a veteran must provide to the department
1076 a copy of the veteran’s DD Form 214, as issued by the United
1077 States Department of Defense, or another acceptable form of
1078 identification as specified by the Department of Veterans’
1079 Affairs, and a copy of a valid marriage license or certificate
1080 verifying that he or she was lawfully married to the veteran at
1081 the time of discharge; or a business entity must provide to the
1082 department proof that a veteran or the spouse of a veteran holds
1083 a majority ownership in the business, a copy of the veteran’s DD
1084 Form 214, as issued by the United States Department of Defense,
1085 or another acceptable form of identification as specified by the
1086 Department of Veterans’ Affairs, and, if applicable, a copy of a
1087 valid marriage license or certificate verifying that the spouse
1088 of the veteran was lawfully married to the veteran at the time
1089 of discharge.
1090 (3) Each independent agent shall annually file an affidavit
1091 with the department before prior to engaging in business in this
1092 state. This affidavit must include the independent agent’s full
1093 name, legal business or trade name, mailing address, business
1094 address, telephone number, and the name and address of each
1095 seller of travel represented by the independent agent. A letter
1096 evidencing proof of filing must be issued by the department and
1097 must be prominently displayed in the independent agent’s primary
1098 place of business. Each independent agent must also submit an
1099 annual registration fee of $50. All moneys collected pursuant to
1100 the imposition of the fee shall be deposited by the Chief
1101 Financial Officer into the General Inspection Trust Fund of the
1102 Department of Agriculture and Consumer Services for the sole
1103 purpose of administrating this part. As used in this subsection,
1104 the term “independent agent” means a person who represents a
1105 seller of travel by soliciting persons on its behalf; who has a
1106 written contract with a seller of travel which is operating in
1107 compliance with this part and any rules adopted thereunder; who
1108 does not receive a fee, commission, or other valuable
1109 consideration directly from the purchaser for the seller of
1110 travel; who does not at any time have any unissued ticket stock
1111 or travel documents in his or her possession; and who does not
1112 have the ability to issue tickets, vacation certificates, or any
1113 other travel document. The term “independent agent” does not
1114 include an affiliate of the seller of travel, as that term is
1115 used in s. 559.935(3), or the employees of the seller of travel
1116 or of such affiliates.
1117 (4) Any person applying for or renewing a local business
1118 tax receipt to engage in business as a seller of travel must
1119 exhibit a current registration certificate from the department
1120 before the local business tax receipt may be issued or reissued.
1121 (5) Each contract, advertisement, or certificate, or any
1122 other travel document, of a seller of travel must include the
1123 phrase “...(NAME OF FIRM)... is registered with the State of
1124 Florida as a Seller of Travel. Registration No......”
1125 (6) Each advertisement of a seller of travel must include
1126 the phrase “Fla. Seller of Travel Reg. No......”
1127 (6)(7) A No registration is not shall be valid for any
1128 seller of travel transacting business at any place other than
1129 that designated in its application, unless the department is
1130 first notified in writing in advance of any change of location.
1131 A Nor shall the registration is not be valid for an affiliate of
1132 the seller of travel who engages in the prearranged travel and
1133 tourist business. A registration issued under this part may
1134 shall not be assignable, and the seller of travel may shall not
1135 be permitted to conduct business under more than one name except
1136 as registered. A seller of travel desiring to change its
1137 registered name or location or designated agent for service of
1138 process at a time other than upon renewal of registration shall
1139 notify the department of such change.
1140 (7)(8) Applications under this section are shall be subject
1141 to the provisions of s. 120.60.
1142 (8)(9) The department may deny, or refuse to renew, or
1143 revoke the registration of any seller of travel based upon a
1144 determination that the seller of travel, or any of its
1145 directors, officers, owners, or general partners:
1146 (a) Has failed to meet the requirements for registration as
1147 provided in this part;
1148 (b) Has been convicted of a crime involving fraud, theft,
1149 embezzlement, dishonest dealing, or any other act of moral
1150 turpitude or any other act arising out of conduct as a seller of
1151 travel;
1152 (c) Has not satisfied a civil fine or penalty arising out
1153 of any administrative or enforcement action brought by any
1154 governmental agency or private person based upon conduct
1155 involving fraud, theft, embezzlement, dishonest dealing, or any
1156 violation of this part;
1157 (d) Has pending against her or him any criminal,
1158 administrative, or enforcement proceedings in any jurisdiction,
1159 based upon conduct involving fraud, theft, embezzlement,
1160 dishonest dealing, or any other act of moral turpitude or any
1161 other act arising out of conduct as a seller of travel; or
1162 (e) Has had a judgment entered against her or him in any
1163 action brought by the department or the Department of Legal
1164 Affairs pursuant to ss. 501.201-501.213 or this act part.
1165 Section 29. Subsections (2) and (6) of section 559.929,
1166 Florida Statutes, are amended to read:
1167 559.929 Security requirements.—
1168 (2) The bond must be filed with the department on a form
1169 adopted by department rule and must be in favor of the
1170 department for the use and benefit of a traveler who is injured
1171 by the fraud, misrepresentation, breach of contract, or
1172 financial failure, or any other violation of this part by the
1173 seller of travel. Such liability may be enforced by proceeding
1174 in an administrative action as specified in subsection (3) or by
1175 filing a civil action. However, in such civil action the bond
1176 posted with the department may shall not be amenable or subject
1177 to a judgment or other legal process issuing out of or from such
1178 court in connection with such civil action, but such bond shall
1179 be amenable to and enforceable only by and through
1180 administrative proceedings before the department. It is the
1181 intent of the Legislature that such bond be applicable and
1182 liable only for the payment of claims duly adjudicated by order
1183 of the department. The bond must be open to successive claims,
1184 but the aggregate amount awarded may not exceed the amount of
1185 the bond. In addition to the foregoing, a bond provided by a
1186 registrant or applicant for registration which certifies its
1187 business activities under s. 559.9285(1)(b) or (c) must be in
1188 favor of the department, with payment in the following order of
1189 priority:
1190 (a) The expenses for prosecuting the registrant or
1191 applicant in an administrative or civil action under this part,
1192 including attorney fees and fees for other professionals, court
1193 costs or other costs of the proceedings, and all other expenses
1194 incidental to the action.
1195 (b) The costs and expenses of investigation before the
1196 commencement of an administrative or civil action under this
1197 part.
1198 (c) An unpaid administrative fine imposed by final order or
1199 an unpaid civil penalty imposed by final judgment under this
1200 part.
1201 (d) Damages or compensation for a traveler injured as
1202 provided in this subsection.
1203 (6) The department may waive the bond requirement on an
1204 annual basis if the seller of travel has had 5 or more
1205 consecutive years of experience as a seller of travel in this
1206 state in compliance with this part, has not had a civil,
1207 criminal, or administrative action instituted against the seller
1208 of travel in the vacation and travel business by a governmental
1209 agency or an action involving fraud, theft, misappropriation of
1210 property, violation of a statute pertaining to business or
1211 commerce with a terrorist state, or moral turpitude, or other
1212 violation of this part and has a satisfactory consumer complaint
1213 history with the department, and certifies its business
1214 activities under s. 559.9285. Such waiver may be revoked if the
1215 seller of travel violates this part. A seller of travel which
1216 certifies its business activities under s. 559.9285(1)(b) or (c)
1217 is not entitled to the waiver provided in this subsection.
1218 Section 30. Subsections (10), (14), and (17) of section
1219 559.9295, Florida Statutes, are amended to read:
1220 559.9295 Submission of vacation certificate documents.
1221 Sellers of travel who offer vacation certificates must submit
1222 and disclose to the department with the application for
1223 registration, and any time such document is changed, but prior
1224 to the sale of any vacation certificate, the following
1225 materials:
1226 (10) A statement of the number of certificates to be issued
1227 and the date of their expiration.
1228 (13)(14) A listing of the full name, address, and telephone
1229 number of each person through which the distribution and sale of
1230 vacation certificates is to be carried out, including the number
1231 of vacation certificates allocated or sold to each such person
1232 and the name and address of a Florida registered agent for
1233 service of process.
1234 (17) Within 10 working days after receipt of any materials
1235 submitted subsequent to filing an initial registration
1236 application or any annual renewal thereof, the department shall
1237 determine whether such materials are adequate to meet the
1238 requirements of this section. The department shall notify the
1239 seller of travel that materials submitted are in substantial
1240 compliance, or shall notify the seller of travel of any specific
1241 deficiencies. If the department fails to notify the seller of
1242 travel of its determination within the period specified in this
1243 subsection, the materials shall be deemed in compliance;
1244 however, the failure of the department to send notification in
1245 either case will not relieve the seller of travel from the duty
1246 of complying with this section. Neither the submission of these
1247 materials nor the department’s response implies approval,
1248 recommendation, or endorsement by the department or that the
1249 contents of said materials have been verified by the department.
1250 Section 31. Section 559.932, Florida Statutes, is amended
1251 to read:
1252 559.932 Vacation certificate disclosure.—
1253 (1) A It shall be unlawful for any seller of travel must to
1254 fail to provide each person solicited with a contract that
1255 includes which shall include the following in a 10-point font,
1256 unless otherwise specified:
1257 (a) A space for the date, name, address, and signature of
1258 the purchaser.
1259 (b) The expiration date of the vacation certificate and the
1260 terms and conditions of its extension or renewal, if available.
1261 (c) The name and business address of any seller of travel
1262 who may solicit vacation certificate purchasers for further
1263 purchases, and a full and complete statement as to the nature
1264 and method of that solicitation.
1265 (d) The total financial obligation of the purchaser which
1266 shall include the initial purchase price and any additional
1267 charges to which the purchaser may be subject, including, but
1268 not limited to, any per diem, seasonal, reservation, or
1269 recreational charge.
1270 (e) The name and street address of any person who has the
1271 right to alter, amend, or add to the charges to which the
1272 purchaser may be subject and the terms and conditions under
1273 which such charges may be imposed.
1274 (f) If any accommodation or facility which a purchaser
1275 acquires the right to use pursuant to the vacation certificate
1276 is not completed at the time the certificate is offered for
1277 sale, the date of availability of each component of the
1278 accommodation or facility.
1279 (g) By means of a section entitled “terms and conditions”:
1280 1. All eligibility requirements for use of the vacation
1281 certificate, including, but not limited to, age, sex, marital
1282 status, group association, residency, or geographic limitations.
1283 2. All eligibility requirements for use of any discount or
1284 complimentary coupon or ticket.
1285 3. A statement as to whether transportation and meals are
1286 provided pursuant to use of the certificate.
1287 4. Any room deposit requirement, including all conditions
1288 for its return or refund.
1289 5. The manner in which reservation requests are to be made
1290 and the method by which they are to be confirmed.
1291 6. Any identification, credential, or other means by which
1292 a purchaser must establish her or his entitlement to the rights,
1293 benefits, or privileges of the vacation certificate.
1294 7. Any restriction or limitation upon transfer of the
1295 vacation certificate or any right, benefit, or privilege
1296 thereunder.
1297 8. Any other term, limitation, condition, or requirement
1298 material to use of the vacation certificate or any right,
1299 benefit, or privilege thereunder.
1300 (h) In immediate proximity to the space reserved in the
1301 contract for the date and the name, address, and signature of
1302 the purchaser, the following statement in boldfaced type of a
1303 size of 10 points:
1304
1305 “YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR
1306 OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT
1307 OF THE VACATION CERTIFICATE, WHICHEVER OCCURS LATER.”
1308 “YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMMODATIONS OR
1309 FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS
1310 PROVIDED IN THE CONTRACT.”
1311 “IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN
1312 WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATE
1313 AND SENDING NOTICE TO: ...(NAME OF SELLER)... AT ...(SELLER’S
1314 ADDRESS)....”
1315
1316 (i) In immediate proximity to the statement required in
1317 paragraph (h), the following statement in boldfaced type of a
1318 size of 12 10 points:
1319
1320 “NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN
1321 THOSE INCLUDED IN THIS CONTRACT.”
1322
1323 However, inclusion of this statement shall not impair any
1324 purchaser’s right to bring legal action based on verbal
1325 statements.
1326 (j) In immediate proximity to the statement required in
1327 paragraph (i), the following statement:
1328 “This contract is for the purchase of a vacation
1329 certificate and puts all assignees on notice of the consumer’s
1330 right to cancel under section 559.933, Florida Statutes.”
1331 (2) If a sale or agreement to purchase a vacation
1332 certificate is completed over the telephone, the seller shall
1333 inform the purchaser over the telephone that:
1334 (a) The purchaser may cancel the contract without any
1335 penalty or obligation within 30 days from the date of purchase
1336 or receipt of the vacation certificate, whichever occurs later.
1337 (b) The purchaser may also cancel the contract if
1338 accommodations or facilities are not available upon request for
1339 use as provided in the contract.
1340 (3) Upon receipt of a copy of a vacation certificate or
1341 contract required pursuant to s. 559.9295, the department must
1342 review the certificate or contract for compliance with the
1343 disclosures required under this section.
1344 Section 32. Section 559.933, Florida Statutes, is amended
1345 to read:
1346 559.933 Vacation certificate cancellation and refund
1347 provisions.—
1348 (1) A It shall be unlawful for any seller of travel or
1349 assignee must honor a purchaser’s request to cancel a vacation
1350 certificate if such request is made:
1351 (1) To fail or refuse to honor a purchaser’s vacation
1352 certificate request to cancel if such request is made:
1353 (a) Within 30 days after from the date of purchase or
1354 receipt of the vacation certificate, whichever occurs later; or
1355 (b) At any time accommodations or facilities are not
1356 available pursuant to a request for use as provided in the
1357 contract, provided that:
1358 1. The contract may shall not require notice greater than
1359 60 days in advance of the date requested for use;
1360 2. If acceptable to the purchaser, comparable alternate
1361 accommodations or facilities in a city, or reservations for a
1362 date different than that requested, may be provided.
1363 (2) A seller of travel or assignee must To fail to refund
1364 any and all payments made by the vacation certificate purchaser
1365 within 30 days after receipt of the certificate and notice of
1366 cancellation made pursuant to this section, if the purchaser has
1367 not received any benefits pursuant to the vacation certificate.
1368 (3) A seller of travel or assignee must, if the purchaser
1369 has received any benefits pursuant to the vacation certificate,
1370 to fail to refund within 30 days after receipt of the
1371 certificate and notice of cancellation made pursuant to this
1372 section any and all payments made by the purchaser which exceed
1373 a pro rata portion of the total price, representing the portion
1374 of any benefits actually received by the vacation certificate
1375 purchaser during the time preceding cancellation.
1376 (4) If Where any purchaser has received confirmation of
1377 reservations in advance and is refused accommodations upon
1378 arrival, a seller of travel or assignee must to fail to procure
1379 comparable alternate accommodations for the purchaser in the
1380 same city at no expense to the purchaser, or to fail to fully
1381 compensate the purchaser for the room rate incurred in securing
1382 comparable alternate accommodations himself or herself.
1383 (5) A seller of travel or assignee may not To collect more
1384 than the full contract price from the purchaser.
1385 (6) A seller of travel or assignee may not To sell, assign,
1386 or otherwise transfer any interest in a seller of travel
1387 business, or to sell, assign, or otherwise transfer to a third
1388 party any interest in any vacation certificate unless:
1389 (a) The third party agrees in writing to fully honor the
1390 rights of vacation certificate purchasers to cancel and to
1391 receive an appropriate refund or reimbursement as provided in
1392 this section.
1393 (b) The third party agrees in writing to comply with all
1394 other provisions of this part for as long as the third party
1395 continues the sale of vacation certificates or for the duration
1396 of the period of validity of outstanding vacation certificates,
1397 whichever is longer in time.
1398 (c) The seller of travel agrees to be liable for and fully
1399 indemnify a purchaser from any loss occasioned by the failure of
1400 the third party to honor the purchaser’s right to cancel and
1401 failure to make prompt and complete refund to the purchaser of
1402 all sums paid to the third party, or occasioned by the third
1403 party’s failure to comply with the provisions of this part.
1404 (7) A seller of travel or assignee must To fail to fulfill
1405 the terms of a vacation certificate within 18 months after of
1406 the initial payment of any consideration by the purchaser to a
1407 seller of travel or third party.
1408 Section 33. Section 559.9335, Florida Statutes, is amended
1409 to read:
1410 559.9335 Violations.—It is a violation of this part for any
1411 seller of travel, independent agent, or other person:
1412 (1) To conduct business as a seller of travel without
1413 registering annually with the department unless exempt pursuant
1414 to s. 559.935.
1415 (2) To conduct business as a seller of travel without an
1416 annual purchase of a performance bond in the amount set by the
1417 department unless exempt pursuant to s. 559.935.
1418 (3) Knowingly to make any false statement, representation,
1419 or certification in any application, document, or record
1420 required to be submitted or retained under this part or in any
1421 response to an inquiry or investigation conducted by the
1422 department or any other governmental agency.
1423 (4) Knowingly to sell or market any number of vacation
1424 certificates that exceed the accommodations available at the
1425 time of sale the number disclosed to the department pursuant to
1426 this section.
1427 (5) Knowingly to sell or market vacation certificates with
1428 an expiration date of more than 18 months from the date of
1429 issuance.
1430 (6) Knowingly to require, request, encourage, or suggest,
1431 directly or indirectly, that payment for the right to obtain a
1432 travel contract, certificate, or vacation package must be by
1433 credit card authorization or to otherwise announce a preference
1434 for that method of payment over any other when no correct and
1435 true explanation for such preference is likewise stated.
1436 (6)(7) Knowingly to state, represent, indicate, suggest, or
1437 imply, directly or indirectly, that the travel contract,
1438 certificate, or vacation package being offered by the seller of
1439 travel cannot be purchased at some later time or may not
1440 otherwise be available after the initial contact, or that
1441 callbacks by the prospective purchaser are not accepted, when no
1442 such restrictions or limitations in fact exist.
1443 (7)(8) To misrepresent in any manner the purchaser’s right
1444 to cancel and to receive an appropriate refund or reimbursement
1445 as provided by this part.
1446 (8)(9) To sell any vacation certificate the duration of
1447 which exceeds the duration of any agreement between the seller
1448 and any business entity obligated thereby to provide
1449 accommodations or facilities pursuant to the vacation
1450 certificate.
1451 (9)(10) To misrepresent or deceptively represent:
1452 (a) The amount of time or period of time accommodations or
1453 facilities will be available.
1454 (b) The location of accommodations or facilities offered.
1455 (c) The price, size, nature, extent, qualities, or
1456 characteristics of accommodations or facilities offered.
1457 (d) The nature or extent of other goods, services, or
1458 amenities offered.
1459 (e) A purchaser’s rights, privileges, or benefits.
1460 (f) The conditions under which the purchaser may obtain a
1461 reservation for the use of offered accommodations or facilities.
1462 (g) That the recipient of an advertisement or promotional
1463 materials is a winner, or has been selected, or is otherwise
1464 being involved in a select group for receipt, of a gift, award,
1465 or prize, unless this fact is the truth.
1466 (10)(11) To fail to inform a purchaser of a nonrefundable
1467 cancellation policy before prior to the seller of travel
1468 accepting any fee, commission, or other valuable consideration.
1469 (12) To fail to include, when offering to sell a vacation
1470 certificate, in any advertisement or promotional material, the
1471 following statement: “This is an offer to sell travel.”
1472 (11)(13) To fail to honor and comply with all provisions of
1473 the vacation certificate regarding the purchaser’s rights,
1474 benefits, and privileges thereunder.
1475 (12)(14)(a) To include in any vacation certificate or
1476 contract any provision purporting to waive or limit any right or
1477 benefit provided to purchasers under this part; or
1478 (b) To seek or solicit such waiver or acceptance of
1479 limitation from a purchaser concerning rights or benefits
1480 provided under this part.
1481 (13)(15) To offer vacation certificates for any
1482 accommodation or facility for which there is no contract with
1483 the owner of the accommodation or facility securing the
1484 purchaser’s right to occupancy and use, unless the seller is the
1485 owner.
1486 (16) To use a local mailing address, registration facility,
1487 drop box, or answering service in the promotion, advertising,
1488 solicitation, or sale of vacation certificates, unless the
1489 seller’s fixed business address is clearly disclosed during any
1490 telephone solicitation and is prominently and conspicuously
1491 disclosed on all solicitation materials and on the contract.
1492 (14)(17) To use any registered trademark, trade name, or
1493 trade logo in any promotional, advertising, or solicitation
1494 materials without written authorization from the holder of such
1495 trademark, trade name, or trade logo.
1496 (15)(18) To represent, directly or by implication, any
1497 affiliation with, or endorsement by, any governmental,
1498 charitable, educational, medical, religious, fraternal, or civic
1499 organization or body, or any individual, in the promotion,
1500 advertisement, solicitation, or sale of vacation certificates
1501 without express written authorization.
1502 (16)(19) To sell a vacation certificate to any purchaser
1503 who is ineligible for its use.
1504 (20) To sell any number of vacation certificates exceeding
1505 the number disclosed pursuant to this part.
1506 (17)(21) During the period of a vacation certificate’s
1507 validity, in the event, for any reason whatsoever, of lapse or
1508 breach of an agreement for the provision of accommodations or
1509 facilities to purchasers, to fail to procure similar agreement
1510 for the provision of comparable alternate accommodations or
1511 facilities in the same city or surrounding area.
1512 (18)(22) To offer to sell, at wholesale or retail,
1513 prearranged travel or, tourist-related services, or tour-guide
1514 services for individuals or groups directly to any terrorist
1515 state and which originate in Florida, without disclosing such
1516 business activities in a certification filed under s.
1517 559.9285(1)(b) or (c).
1518 (19)(23) To violate any state or federal law restricting or
1519 prohibiting commerce with terrorist states.
1520 (20)(24) To engage in do any other fraudulent action that
1521 act which constitutes fraud, misrepresentation, or failure to
1522 disclose a material fact, or to commit any other violation of,
1523 or fail to comply with, this part.
1524 (21)(25) To refuse or fail, or for any of its principal
1525 officers to refuse or fail, after notice, to produce any
1526 document or record or disclose any information required to be
1527 produced or disclosed.
1528 (22)(26) Knowingly to make a material false statement in
1529 response to any request or investigation by the department, the
1530 Department of Legal Affairs, or the state attorney.
1531 Section 34. Subsections (3) and (4) of section 559.935,
1532 Florida Statutes, are amended to read:
1533 559.935 Exemptions.—
1534 (3) Sections 559.928, 559.929, 559.9295, 559.931, and
1535 559.932 shall also do not apply to a seller of travel that is an
1536 affiliate of an entity exempt pursuant to subsection (2) subject
1537 to the following conditions:
1538 (a) If In the event the department finds the affiliate does
1539 not have a satisfactory consumer complaint history or the
1540 affiliate fails to respond to a consumer complaint within 30
1541 days, the related seller of travel exempt pursuant to subsection
1542 (2) is shall be liable for the actions of the affiliate, subject
1543 to the remedies provided in ss. 559.9355 and 559.936.
1544 (b) If In the event the department is unable to locate an
1545 affiliate, the related seller of travel exempt pursuant to
1546 subsection (2) is shall be fully liable for the actions of the
1547 affiliate, subject to the remedies provided in ss. 559.9355 and
1548 559.936.
1549 (c) In order to obtain an exemption under this subsection,
1550 the affiliate shall file an affidavit of exemption on a form
1551 prescribed by the department and shall certify its business
1552 activities under s. 559.9285(1)(a). The affidavit of exemption
1553 shall be executed by a person who exercises identical control
1554 over the seller of travel exempt pursuant to subsection (2) and
1555 the affiliate. Failure to file an affidavit of exemption or
1556 certification under s. 559.9285(1)(a) prior to engaging in
1557 seller of travel activities shall subject the affiliate to the
1558 remedies provided in ss. 559.9355 and 559.936.
1559 (c)(d) Revocation by the department of an exemption
1560 provided to a seller of travel under subsection (2) shall
1561 constitute automatic revocation by law of an exemption obtained
1562 by an affiliate under the subsection.
1563 (d)(e) This subsection does shall not apply to:
1564 1. An affiliate that independently qualifies for another
1565 exemption under this section.
1566 2. An affiliate that sells, or offers for sale, vacation
1567 certificates.
1568 3. An affiliate that certifies its business activities
1569 under s. 559.9285(1)(b) or (c).
1570 (e)(f) For purposes of this section, the term an
1571 “affiliate” means an entity that meets the following:
1572 1. The entity has the identical ownership as the seller of
1573 travel that is exempt under subsection (2).
1574 2. The ownership controlling the seller of travel that is
1575 exempt under subsection (2) also exercises identical control
1576 over the entity.
1577 3. The owners of the affiliate hold the identical
1578 percentage of voting shares as they hold in the seller of travel
1579 that is exempt under subsection (2).
1580 (4) The department may revoke the exemption provided in
1581 subsection (2) or subsection (3) if the department finds that
1582 the seller of travel does not have a satisfactory consumer
1583 complaint history, has been convicted of a crime involving
1584 fraud, theft, embezzlement, misappropriation of property,
1585 deceptive or unfair trade practices, or moral turpitude, or has
1586 not complied with the terms of any order or settlement agreement
1587 arising out of an administrative or enforcement action brought
1588 by a governmental agency or private person based on conduct
1589 involving fraud, theft, embezzlement, misappropriation of
1590 property, deceptive or unfair trade practices, or moral
1591 turpitude.
1592 Section 35. Subsection (3) of section 559.936, Florida
1593 Statutes, is amended to read:
1594 559.936 Civil penalties; remedies.—
1595 (3) The department may seek a civil penalty in the Class
1596 III category pursuant to s. 570.971 for each act or omission in
1597 violation of s. 559.9335(18) or (19) s. 559.9335(22) or (23).
1598 Section 36. Paragraph (b) of subsection (5), paragraph (a)
1599 of subsection (10), and subsections (15) and (16) of section
1600 616.242, Florida Statutes, are amended to read:
1601 616.242 Safety standards for amusement rides.—
1602 (5) ANNUAL PERMIT.—
1603 (b) To apply for an annual permit, an owner must submit to
1604 the department a written application on a form prescribed by
1605 rule of the department, which must include the following:
1606 1. The legal name, address, and primary place of business
1607 of the owner.
1608 2. A description, manufacturer’s name, serial number, model
1609 number and, if previously assigned, the United States Amusement
1610 Identification Number of the amusement ride.
1611 3. A valid certificate of insurance or bond for each
1612 amusement ride.
1613 4. An affidavit of compliance that the amusement ride was
1614 inspected in person by the affiant and that the amusement ride
1615 is in general conformance with the requirements of this section
1616 and all applicable rules adopted by the department. The
1617 affidavit must be executed by a professional engineer or a
1618 qualified inspector no earlier than 60 days before, but not
1619 later than, the date of the filing of the application with the
1620 department. The owner shall request inspection and permitting of
1621 the amusement ride within 60 days of the date of filing the
1622 application with the department. The department shall inspect
1623 and permit the amusement ride within 60 days after filing the
1624 application with the department.
1625 5. If required by subsection (6), an affidavit of
1626 nondestructive testing dated and executed no earlier than 60
1627 days before prior to, but not later than, the date of the filing
1628 of the application with the department. The owner shall request
1629 inspection and permitting of the amusement ride within 60 days
1630 of the date of filing the application with the department. The
1631 department shall inspect and permit the amusement ride within 60
1632 days after filing the application with the department.
1633 6. A request for inspection.
1634 7. Upon request, the owner shall, at no cost to the
1635 department, provide the department a copy of the manufacturer’s
1636 current recommended operating instructions in the possession of
1637 the owner, the owner’s operating fact sheet, and any written
1638 bulletins in the possession of the owner concerning the safety,
1639 operation, or maintenance of the amusement ride.
1640 (10) EXEMPTIONS.—
1641 (a) This section does not apply to:
1642 1. Permanent facilities that employ at least 1,000 full
1643 time employees and that maintain full-time, in-house safety
1644 inspectors. Furthermore, the permanent facilities must file an
1645 affidavit of the annual inspection with the department, on a
1646 form prescribed by rule of the department. Additionally, the
1647 Department of Agriculture and Consumer Services may consult
1648 annually with the permanent facilities regarding industry safety
1649 programs.
1650 2. Any playground operated by a school, local government,
1651 or business licensed under chapter 509, if the playground is an
1652 incidental amenity and the operating entity is not primarily
1653 engaged in providing amusement, pleasure, thrills, or
1654 excitement.
1655 3. Museums or other institutions principally devoted to the
1656 exhibition of products of agriculture, industry, education,
1657 science, religion, or the arts.
1658 4. Conventions or trade shows for the sale or exhibit of
1659 amusement rides if there are a minimum of 15 amusement rides on
1660 display or exhibition, and if any operation of such amusement
1661 rides is limited to the registered attendees of the convention
1662 or trade show.
1663 5. Skating rinks, arcades, laser lazer or paint ball war
1664 games, bowling alleys, miniature golf courses, mechanical bulls,
1665 inflatable rides, trampolines, ball crawls, exercise equipment,
1666 jet skis, paddle boats, airboats, helicopters, airplanes,
1667 parasails, hot air or helium balloons whether tethered or
1668 untethered, theatres, batting cages, stationary spring-mounted
1669 fixtures, rider-propelled merry-go-rounds, games, side shows,
1670 live animal rides, or live animal shows.
1671 6. Go-karts operated in competitive sporting events if
1672 participation is not open to the public.
1673 7. Nonmotorized playground equipment that is not required
1674 to have a manager.
1675 8. Coin-actuated amusement rides designed to be operated by
1676 depositing coins, tokens, credit cards, debit cards, bills, or
1677 other cash money and which are not required to have a manager,
1678 and which have a capacity of six persons or less.
1679 9. Facilities described in s. 549.09(1)(a) when such
1680 facilities are operating cars, trucks, or motorcycles only.
1681 10. Battery-powered cars or other vehicles that are
1682 designed to be operated by children 7 years of age or under and
1683 that cannot exceed a speed of 4 miles per hour.
1684 11. Mechanically driven vehicles that pull train cars,
1685 carts, wagons, or other similar vehicles, that are not confined
1686 to a metal track or confined to an area but are steered by an
1687 operator and do not exceed a speed of 4 miles per hour.
1688 12. A water-related amusement ride operated by a business
1689 licensed under chapter 509 if the water-related amusement ride
1690 is an incidental amenity and the operating business is not
1691 primarily engaged in providing amusement, pleasure, thrills, or
1692 excitement and does not offer day rates.
1693 13. An amusement ride at a private, membership-only
1694 facility if the amusement ride is an incidental amenity and the
1695 facility is not open to the general public; is not primarily
1696 engaged in providing amusement, pleasure, thrills, or
1697 excitement; and does not offer day rates.
1698 14. A nonprofit permanent facility registered under chapter
1699 496 which is not open to the general public.
1700 (15) INSPECTION BY OWNER OR MANAGER.—Before Prior to
1701 opening on each day of operation and before prior to any
1702 inspection by the department, the owner or manager of an
1703 amusement ride must inspect and test the amusement ride to
1704 ensure compliance with all requirements of this section. Each
1705 inspection must be recorded on a form prescribed by rule of the
1706 department and signed by the person who conducted the
1707 inspection. In lieu of the form prescribed by rule of the
1708 department, the owner or manager may request approval of an
1709 alternative form if the alternative form includes, at a minimum,
1710 the information required on the form prescribed by rule of the
1711 department. Inspection records of the last 14 daily inspections
1712 must be kept on site by the owner or manager and made
1713 immediately available to the department upon request.
1714 (16) TRAINING OF EMPLOYEES.—The owner or manager of an any
1715 amusement ride shall maintain a record of employee training for
1716 each employee authorized to operate, assemble, disassemble,
1717 transport, or conduct maintenance on an amusement ride, on a
1718 form prescribed by rule of the department. In lieu of the form
1719 prescribed by rule of the department, the owner or manager may
1720 request approval of an alternative form if the alternative form
1721 includes, at a minimum, the information required on the form
1722 prescribed by rule of the department. The training record must
1723 be kept on site by the owner or manager and made immediately
1724 available to the department upon request. Training may not be
1725 conducted when an amusement ride is open to the public unless
1726 the training is conducted under the supervision of an employee
1727 who is trained in the operation of that ride. The owner or
1728 manager shall certify that each employee is trained, as required
1729 by this section and any rules adopted thereunder, on the
1730 amusement ride for which the employee is responsible.
1731 Section 37. Subsections (1), (2), (5), (7), and (13) of
1732 section 713.585, Florida Statutes, are amended to read:
1733 713.585 Enforcement of lien by sale of motor vehicle.—A
1734 person claiming a lien under s. 713.58 for performing labor or
1735 services on a motor vehicle may enforce such lien by sale of the
1736 vehicle in accordance with the following procedures:
1737 (1) The lienor must give notice, by certified mail, return
1738 receipt requested, within 7 15 business days, excluding Saturday
1739 and Sunday, from the beginning date of the assessment of storage
1740 charges on said motor vehicle, to the registered owner of the
1741 vehicle, to the customer as indicated on the order for repair,
1742 and to all other persons claiming an interest in or lien
1743 thereon, as disclosed by the records of the Department of
1744 Highway Safety and Motor Vehicles or as disclosed by the records
1745 of any corresponding agency of any other state in which the
1746 vehicle is identified through a records check of the National
1747 Motor Vehicle Title Information System or an equivalent
1748 commercially available system as being the current state where
1749 the vehicle is titled. Such notice must contain:
1750 (a) A description of the vehicle, including, at minimum,
1751 its (year, make, vehicle identification number,) and the
1752 vehicle’s its location.
1753 (b) The name and address of the owner of the vehicle, the
1754 customer as indicated on the order for repair, and any person
1755 claiming an interest in or lien thereon.
1756 (c) The name, address, and telephone number of the lienor.
1757 (d) Notice that the lienor claims a lien on the vehicle for
1758 labor and services performed and storage charges, if any, and
1759 the cash sum which, if paid to the lienor, would be sufficient
1760 to redeem the vehicle from the lien claimed by the lienor.
1761 (e) Notice that the lien claimed by the lienor is subject
1762 to enforcement pursuant to this section and that the vehicle may
1763 be sold to satisfy the lien.
1764 (f) If known, the date, time, and location of any proposed
1765 or scheduled sale of the vehicle. A No vehicle may not be sold
1766 earlier than 60 days after completion of the repair work.
1767 (g) Notice that the owner of the vehicle or any person
1768 claiming an interest in or lien thereon has a right to a hearing
1769 at any time before prior to the scheduled date of sale by filing
1770 a demand for hearing with the clerk of the circuit court in the
1771 county in which the vehicle is held and mailing copies of the
1772 demand for hearing to all other owners and lienors as reflected
1773 on the notice.
1774 (h) Notice that the owner of the vehicle has a right to
1775 recover possession of the vehicle without instituting judicial
1776 proceedings by posting bond in accordance with the provisions of
1777 s. 559.917.
1778 (i) Notice that any proceeds from the sale of the vehicle
1779 remaining after payment of the amount claimed to be due and
1780 owing to the lienor will be deposited with the clerk of the
1781 circuit court for disposition upon court order pursuant to
1782 subsection (8).
1783 (j) Notice that a lienholder, if any, has the right, as
1784 specified in subsection (5), to demand a hearing or to post a
1785 bond.
1786 (2) If attempts to locate the owner or lienholder are
1787 unsuccessful after a check of the records of the Department of
1788 Highway Safety and Motor Vehicles and any state disclosed by the
1789 check of the National Motor Vehicle Title Information System or
1790 an equivalent commercially available system, the lienor must
1791 notify the local law enforcement agency in writing by certified
1792 mail or acknowledged hand delivery that the lienor has been
1793 unable to locate the owner or lienholder, that a physical search
1794 of the vehicle has disclosed no ownership information, and that
1795 a good faith effort, including records checks of the Department
1796 of Highway Safety and Motor Vehicles database and the National
1797 Motor Vehicle Title Information System or an equivalent
1798 commercially available system, has been made. A description of
1799 the motor vehicle which includes the year, make, and
1800 identification number must be given on the notice. This
1801 notification must take place within 7 15 business days,
1802 excluding Saturday and Sunday, from the beginning date of the
1803 assessment of storage charges on said motor vehicle. For
1804 purposes of this paragraph, the term “good faith effort” means
1805 that the following checks have been performed by the company to
1806 establish the prior state of registration and title:
1807 (a) A check of the Department of Highway Safety and Motor
1808 Vehicles database for the owner and any lienholder;
1809 (b) A check of the federally mandated electronic National
1810 Motor Vehicle Title Information System or an equivalent
1811 commercially available system to determine the state of
1812 registration when there is not a current title or registration
1813 record for the vehicle on file with the Department of Highway
1814 Safety and Motor Vehicles;
1815 (c) A check of vehicle for any type of tag, tag record,
1816 temporary tag, or regular tag;
1817 (d) A check of vehicle for inspection sticker or other
1818 stickers and decals that could indicate the state of possible
1819 registration; and
1820 (e) A check of the interior of the vehicle for any papers
1821 that could be in the glove box, trunk, or other areas for the
1822 state of registration.
1823 (5) At any time before prior to the proposed or scheduled
1824 date of sale of a vehicle, the owner of the vehicle, or any
1825 person claiming an interest in the vehicle or a lien thereon,
1826 may post a bond following the procedures outlined in s. 559.917
1827 or file a demand for hearing with the clerk of the circuit court
1828 in the county in which the vehicle is held to determine whether
1829 the vehicle has been wrongfully taken or withheld from her or
1830 him. Any person who files a demand for hearing shall mail copies
1831 of the demand to all other owners and lienors as reflected on
1832 the notice required in subsection (1).
1833 (a) Upon the filing of a demand for hearing, a hearing
1834 shall be held before prior to the proposed or scheduled date of
1835 sale of the vehicle.
1836 (b) Upon the posting of the bond and payment of the
1837 applicable fee set forth in s. 28.24, the clerk of the court
1838 shall issue a certificate notifying the lienor of the posting of
1839 the bond and directing the lienor to release the vehicle to the
1840 lienholder or the owner, based upon whomever posted the bond.
1841 (c) If a lienholder obtains the vehicle and the owner of
1842 the vehicle is not in default under the installment sales
1843 contract or title loan at the time the lienholder has possession
1844 of the vehicle, the lienholder must return the vehicle to the
1845 owner within 5 days after the owner repays the lienholder for
1846 the amount of the bond, or makes arrangements to repay the
1847 lienholder for the bond under terms agreeable to the lienholder.
1848 A lienholder may retain possession of the vehicle if the owner
1849 is in default until such time as the default is cured and the
1850 amount of the bond is repaid by the owner, or an arrangement
1851 agreeable to the lienholder is made with the owner.
1852 (7) At a the hearing on a complaint relating to the
1853 requirements of this section on the complaint, the court shall
1854 forthwith issue an its order determining:
1855 (a) Whether the vehicle is subject to a valid lien by the
1856 lienor and the amount thereof;
1857 (b) The priority of the lien of the lienor as against any
1858 existing security interest in the vehicle;
1859 (c) The distribution of any proceeds of the sale by the
1860 clerk of the circuit court;
1861 (d) The awarding of damages, if any;
1862 (e)(d) The award of reasonable attorney attorney’s fees and
1863 costs, at the court’s discretion, to the prevailing party; and
1864 (f)(e) The reasonableness of storage charges.
1865
1866 A final order, by the court, must also provide for immediate
1867 payment of any proceeds or awards, and the immediate release of
1868 the bond to the posting party, if applicable.
1869 (13) A failure to make good faith efforts as defined in
1870 subsection (2) precludes the imposition of any storage charges
1871 against the vehicle. If a lienor fails to provide notice to any
1872 person claiming a lien on a vehicle under subsection (1) within
1873 7 15 business days after the assessment of storage charges has
1874 begun, then the lienor is precluded from charging for more than
1875 7 15 days of storage, but failure to provide timely notice does
1876 not affect charges made for repairs, adjustments, or
1877 modifications to the vehicle or the priority of liens on the
1878 vehicle.
1879 Section 38. Subsections (2), (4), (5), and (10) of section
1880 790.06, Florida Statutes, are amended, and paragraph (f) is
1881 added to subsection (6) of that section, to read:
1882 790.06 License to carry concealed weapon or firearm.—
1883 (2) The Department of Agriculture and Consumer Services
1884 shall issue a license if the applicant:
1885 (a) Is a resident of the United States and a citizen of the
1886 United States or a permanent resident alien of the United
1887 States, as determined by the United States Bureau of Citizenship
1888 and Immigration Services, or is a consular security official of
1889 a foreign government that maintains diplomatic relations and
1890 treaties of commerce, friendship, and navigation with the United
1891 States and is certified as such by the foreign government and by
1892 the appropriate embassy in this country;
1893 (b) Is 21 years of age or older;
1894 (c) Does not suffer from a physical infirmity which
1895 prevents the safe handling of a weapon or firearm;
1896 (d) Is not ineligible to possess a firearm pursuant to s.
1897 790.23 by virtue of having been convicted of a felony;
1898 (e) Has not been committed for the abuse of a controlled
1899 substance or been found guilty of a crime under the provisions
1900 of chapter 893 or similar laws of any other state relating to
1901 controlled substances within a 3-year period immediately
1902 preceding the date on which the application is submitted;
1903 (f) Does not chronically and habitually use alcoholic
1904 beverages or other substances to the extent that his or her
1905 normal faculties are impaired. It shall be presumed that an
1906 applicant chronically and habitually uses alcoholic beverages or
1907 other substances to the extent that his or her normal faculties
1908 are impaired if the applicant has been committed under chapter
1909 397 or under the provisions of former chapter 396 or has been
1910 convicted under s. 790.151 or has been deemed a habitual
1911 offender under s. 856.011(3), or has had two or more convictions
1912 under s. 316.193 or similar laws of any other state, within the
1913 3-year period immediately preceding the date on which the
1914 application is submitted;
1915 (g) Desires a legal means to carry a concealed weapon or
1916 firearm for lawful self-defense;
1917 (h) Demonstrates competence with a firearm by any one of
1918 the following:
1919 1. Completion of any hunter education or hunter safety
1920 course approved by the Fish and Wildlife Conservation Commission
1921 or a similar agency of another state;
1922 2. Completion of any National Rifle Association firearms
1923 safety or training course;
1924 3. Completion of any firearms safety or training course or
1925 class available to the general public offered by a law
1926 enforcement agency, junior college, college, or private or
1927 public institution or organization or firearms training school,
1928 using utilizing instructors certified by the National Rifle
1929 Association, Criminal Justice Standards and Training Commission,
1930 or the Department of Agriculture and Consumer Services;
1931 4. Completion of any law enforcement firearms safety or
1932 training course or class offered for security guards,
1933 investigators, special deputies, or any division or subdivision
1934 of a law enforcement agency or security enforcement;
1935 5. Presents evidence of equivalent experience with a
1936 firearm through participation in organized shooting competition
1937 or military service;
1938 6. Is licensed or has been licensed to carry a firearm in
1939 this state or a county or municipality of this state, unless
1940 such license has been revoked for cause; or
1941 7. Completion of any firearms training or safety course or
1942 class conducted by a state-certified or National Rifle
1943 Association certified firearms instructor;
1944
1945 A photocopy of a certificate of completion of any of the courses
1946 or classes; or an affidavit from the instructor, school, club,
1947 organization, or group that conducted or taught such said course
1948 or class attesting to the completion of the course or class by
1949 the applicant; or a copy of any document that which shows
1950 completion of the course or class or evidences participation in
1951 firearms competition shall constitute evidence of qualification
1952 under this paragraph. A; any person who conducts a course
1953 pursuant to subparagraph 2., subparagraph 3., or subparagraph
1954 7., or who, as an instructor, attests to the completion of such
1955 courses, must maintain records certifying that he or she
1956 observed the student safely handle and discharge the firearm in
1957 his or her physical presence and that the discharge of the
1958 firearm included live fire using a firearm and ammunition as
1959 defined in s. 790.001;
1960 (i) Has not been adjudicated an incapacitated person under
1961 s. 744.331, or similar laws of any other state, unless 5 years
1962 have elapsed since the applicant’s restoration to capacity by
1963 court order;
1964 (j) Has not been committed to a mental institution under
1965 chapter 394, or similar laws of any other state, unless the
1966 applicant produces a certificate from a licensed psychiatrist
1967 that he or she has not suffered from disability for at least 5
1968 years before prior to the date of submission of the application;
1969 (k) Has not had adjudication of guilt withheld or
1970 imposition of sentence suspended on any felony or misdemeanor
1971 crime of domestic violence unless 3 years have elapsed since
1972 probation or any other conditions set by the court have been
1973 fulfilled, or expunction has occurred the record has been sealed
1974 or expunged;
1975 (l) Has not had adjudication of guilt withheld or
1976 imposition of sentence suspended on any misdemeanor crime of
1977 domestic violence unless 3 years have elapsed since probation or
1978 any other conditions set by the court have been fulfilled, or
1979 the record has been sealed or expunged;
1980 (m)(l) Has not been issued an injunction that is currently
1981 in force and effect and that restrains the applicant from
1982 committing acts of domestic violence or acts of repeat violence;
1983 and
1984 (n)(m) Is not prohibited from purchasing or possessing a
1985 firearm by any other provision of Florida or federal law.
1986 (4) The application shall be completed, under oath, on a
1987 form adopted promulgated by the Department of Agriculture and
1988 Consumer Services and shall include:
1989 (a) The name, address, place of birth, and date of birth,
1990 and race, and occupation of the applicant;
1991 (b) A statement that the applicant is in compliance with
1992 criteria contained within subsections (2) and (3);
1993 (c) A statement that the applicant has been furnished a
1994 copy of this chapter and is knowledgeable of its provisions;
1995 (d) A conspicuous warning that the application is executed
1996 under oath and that a false answer to any question, or the
1997 submission of any false document by the applicant, subjects the
1998 applicant to criminal prosecution under s. 837.06; and
1999 (e) A statement that the applicant desires a concealed
2000 weapon or firearms license as a means of lawful self-defense;
2001 and.
2002 (f) Directions for an applicant who is a servicemember, as
2003 defined in s. 250.01, or a veteran, as defined in s. 1.01, to
2004 request expedited processing of his or her application.
2005 (5) The applicant shall submit to the Department of
2006 Agriculture and Consumer Services or an approved tax collector
2007 pursuant to s. 790.0625:
2008 (a) A completed application as described in subsection (4).
2009 (b) A nonrefundable license fee of up to $60 $70 if he or
2010 she has not previously been issued a statewide license or of up
2011 to $50 $60 for renewal of a statewide license. The cost of
2012 processing fingerprints as required in paragraph (c) shall be
2013 borne by the applicant. However, an individual holding an active
2014 certification from the Criminal Justice Standards and Training
2015 Commission as a law enforcement officer, correctional officer,
2016 or correctional probation officer as defined in s. 943.10(1),
2017 (2), (3), (6), (7), (8), or (9) is exempt from the licensing
2018 requirements of this section. If such individual wishes to
2019 receive a concealed weapon weapons or firearm firearms license,
2020 he or she is exempt from the background investigation and all
2021 background investigation fees, but must pay the current license
2022 fees regularly required to be paid by nonexempt applicants.
2023 Further, a law enforcement officer, a correctional officer, or a
2024 correctional probation officer as defined in s. 943.10(1), (2),
2025 or (3) is exempt from the required fees and background
2026 investigation for a period of 1 year after his or her
2027 retirement.
2028 (c) A full set of fingerprints of the applicant
2029 administered by a law enforcement agency or the Division of
2030 Licensing of the Department of Agriculture and Consumer Services
2031 or an approved tax collector pursuant to s. 790.0625 together
2032 with any personal identifying information required by federal
2033 law to process fingerprints.
2034 (d) A photocopy of a certificate, affidavit, or document as
2035 described in paragraph (2)(h).
2036 (e) A full frontal view color photograph of the applicant
2037 taken within the preceding 30 days, in which the head, including
2038 hair, measures 7/8 of an inch wide and 1 1/8 inches high.
2039 (f) For expedited processing of an application:
2040 1. A servicemember shall submit a copy of the Common Access
2041 Card, United States Uniformed Services Identification Card, or
2042 current deployment orders.
2043 2. A veteran shall submit a copy of the DD Form 214, issued
2044 by the United States Department of Defense, or another
2045 acceptable form of identification as specified by the Department
2046 of Veterans’ Affairs.
2047 (6)
2048 (f) The Department of Agriculture and Consumer Services
2049 shall, upon receipt of a completed application and the
2050 identifying information required under paragraph (5)(f),
2051 expedite the processing of a servicemember’s or a veteran’s
2052 concealed weapon or firearm license application.
2053 (10) A license issued under this section shall be suspended
2054 or revoked pursuant to chapter 120 if the licensee:
2055 (a) Is found to be ineligible under the criteria set forth
2056 in subsection (2);
2057 (b) Develops or sustains a physical infirmity which
2058 prevents the safe handling of a weapon or firearm;
2059 (c) Is convicted of a felony which would make the licensee
2060 ineligible to possess a firearm pursuant to s. 790.23;
2061 (d) Is found guilty of a crime under the provisions of
2062 chapter 893, or similar laws of any other state, relating to
2063 controlled substances;
2064 (e) Is committed as a substance abuser under chapter 397,
2065 or is deemed a habitual offender under s. 856.011(3), or similar
2066 laws of any other state;
2067 (f) Is convicted of a second violation of s. 316.193, or a
2068 similar law of another state, within 3 years after of a first
2069 previous conviction of such section, or similar law of another
2070 state, even though the first violation may have occurred before
2071 prior to the date on which the application was submitted;
2072 (g) Is adjudicated an incapacitated person under s.
2073 744.331, or similar laws of any other state; or
2074 (h) Is committed to a mental institution under chapter 394,
2075 or similar laws of any other state.
2076
2077 Notwithstanding s. 120.60(5), service of a notice of the
2078 suspension or revocation of a concealed weapon or firearm
2079 license must be given by either certified mail, return receipt
2080 requested, to the licensee at his or her last known mailing
2081 address furnished to the Department of Agriculture and Consumer
2082 Services, or by personal service. If a notice given by certified
2083 mail is returned as undeliverable, a second attempt must be made
2084 to provide notice to the licensee at that address, by either
2085 first-class mail in an envelope, postage prepaid, addressed to
2086 the licensee at his or her last known mailing address furnished
2087 to the department, or, if the licensee has provided an e-mail
2088 address to the department, by e-mail. Such mailing by the
2089 department constitutes notice, and any failure by the licensee
2090 to receive such notice does not stay the effective date or term
2091 of the suspension or revocation. A request for hearing must be
2092 filed with the department within 21 days after notice is
2093 received by personal delivery, or within 26 days after the date
2094 the department deposits the notice in the United States mail (21
2095 days plus 5 days for mailing). The department shall document its
2096 attempts to provide notice and such documentation is admissible
2097 in the courts of this state and constitutes sufficient proof
2098 that notice was given.
2099 Section 39. Effective upon this act becoming a law,
2100 paragraph (a) of subsection (11) of section 790.06, Florida
2101 Statutes, is amended to read:
2102 790.06 License to carry concealed weapon or firearm.—
2103 (11)(a) At least No less than 90 days before the expiration
2104 date of the license, the Department of Agriculture and Consumer
2105 Services shall mail to each licensee a written notice of the
2106 expiration and a renewal form prescribed by the Department of
2107 Agriculture and Consumer Services. The licensee must renew his
2108 or her license on or before the expiration date by filing with
2109 the Department of Agriculture and Consumer Services the renewal
2110 form containing an a notarized affidavit submitted under oath
2111 and under penalty of perjury stating that the licensee remains
2112 qualified pursuant to the criteria specified in subsections (2)
2113 and (3), a color photograph as specified in paragraph (5)(e),
2114 and the required renewal fee. Out-of-state residents must also
2115 submit a complete set of fingerprints and fingerprint processing
2116 fee. The license shall be renewed upon receipt of the completed
2117 renewal form, color photograph, appropriate payment of fees,
2118 and, if applicable, fingerprints. Additionally, a licensee who
2119 fails to file a renewal application on or before its expiration
2120 date must renew his or her license by paying a late fee of $15.
2121 A license may not be renewed 180 days or more after its
2122 expiration date, and such a license is deemed to be permanently
2123 expired. A person whose license has been permanently expired may
2124 reapply for licensure; however, an application for licensure and
2125 fees under subsection (5) must be submitted, and a background
2126 investigation shall be conducted pursuant to this section. A
2127 person who knowingly files false information under this
2128 subsection is subject to criminal prosecution under s. 837.06.
2129 Section 40. Subsection (8) is added to section 790.0625,
2130 Florida Statutes, to read:
2131 790.0625 Appointment of tax collectors to accept
2132 applications for a concealed weapon or firearm license; fees;
2133 penalties.—
2134 (8) Upon receipt of a completed renewal application, a new
2135 color photograph, and appropriate payment of fees, a tax
2136 collector authorized to accept renewal applications for
2137 concealed weapon or firearm licenses under this section may,
2138 upon approval and confirmation of license issuance by the
2139 department, print and deliver a concealed weapon or firearm
2140 license to a licensee renewing his or her license at the tax
2141 collector’s office.
2142 Section 41. Subsections (1) through (4) of section 559.917,
2143 Florida Statutes, are amended to read:
2144 559.917 Bond to release possessory lien claimed by motor
2145 vehicle repair shop.—
2146 (1) As used in this section, the term:
2147 (a) “Lienholder” means a person claiming an interest in or
2148 a lien on a vehicle pursuant to s. 713.585(5).
2149 (b) “Lienor” means a person claiming a lien for motor
2150 vehicle repair shop work under part II of chapter 713.
2151 (2)(1)(a) A lienholder or Any customer may obtain the
2152 release of a her or his motor vehicle for which the lienholder
2153 or customer has a lien or ownership rights, respectively, from
2154 any lien claimed under part II of chapter 713 by a motor vehicle
2155 repair shop for repair work performed under a written repair
2156 estimate by filing with the clerk of the court in the circuit in
2157 which the disputed transaction occurred a cash or surety bond,
2158 payable to the person claiming the lien and conditioned for the
2159 payment of any judgment which may be entered on the lien. The
2160 bond shall be in the amount stated on the invoice required by s.
2161 559.911, plus accrued storage charges, if any, less any amount
2162 paid to the motor vehicle repair shop as indicated on the
2163 invoice. The lienholder or customer shall not be required to
2164 institute judicial proceedings in order to post the bond in the
2165 registry of the court, nor shall the lienholder or customer be
2166 required to use a particular form for posting the bond, unless
2167 the clerk provides shall provide such form to the lienholder or
2168 customer for filing. Upon the posting of such bond, the clerk of
2169 the court shall automatically issue a certificate notifying the
2170 lienor of the posting of the bond and directing the lienor to
2171 release the lienholder’s or customer’s motor vehicle.
2172 (b) The lienor shall have 60 days to file suit to recover
2173 the bond. The prevailing party in that action may be entitled to
2174 damages plus court costs and reasonable attorney attorney’s
2175 fees. If the lienor fails to file suit within 60 days after the
2176 posting of such bond, the bond shall be discharged.
2177 (3)(2) The failure of a lienor to release or return to the
2178 lienholder or customer the motor vehicle upon which any lien is
2179 claimed, upon receiving a copy of a certificate giving notice of
2180 the posting of the bond and directing release of the motor
2181 vehicle, shall subject the lienor to judicial proceedings which
2182 may be brought by the lienholder or customer to compel
2183 compliance with the certificate. If Whenever a lienholder
2184 pursuant to s. 713.585 or customer brings an action to compel
2185 compliance with the certificate, the lienholder or customer need
2186 only establish that:
2187 (a) Bond in the amount of the invoice, plus accrued storage
2188 charges, if any, less any amount paid to the motor vehicle
2189 repair shop as indicated on the invoice, was posted;
2190 (b) A certificate was issued pursuant to this section;
2191 (c) The motor vehicle repair shop, or any employee or agent
2192 thereof who is authorized to release the motor vehicle, received
2193 a copy of a certificate issued pursuant to this section; and
2194 (d) The motor vehicle repair shop or employee authorized to
2195 release the motor vehicle failed to release the motor vehicle.
2196
2197 The lienholder or customer, upon a judgment in her or his favor
2198 in an action brought under this subsection, may be entitled to
2199 damages plus court costs and reasonable attorney attorney’s fees
2200 sustained by her or him by reason of such wrongful detention or
2201 retention. Upon a judgment in favor of the motor vehicle repair
2202 shop, the shop may be entitled to reasonable attorney attorney’s
2203 fees.
2204 (4)(3) Any motor vehicle repair shop that which, or any
2205 employee or agent thereof who is authorized to release the motor
2206 vehicle who, upon receiving a copy of a certificate giving
2207 notice of the posting of the bond in the required amount and
2208 directing release of the motor vehicle, fails to release or
2209 return the property to the lienholder or customer pursuant to
2210 this section commits is guilty of a misdemeanor of the second
2211 degree, punishable as provided in s. 775.082 or s. 775.083.
2212 (5)(4) Any lienholder or customer who stops payment on a
2213 credit card charge or a check drawn in favor of a motor vehicle
2214 repair shop on account of an invoice, or who fails to post a
2215 cash or surety bond pursuant to this section, shall be
2216 prohibited from any recourse under this section with respect to
2217 the motor vehicle repair shop.
2218 Section 42. Subsection (1) and paragraph (d) of subsection
2219 (3) of section 559.9285, Florida Statutes, are amended to read:
2220 559.9285 Certification of business activities.—
2221 (1) Each certifying party, as defined in s. 559.927(2):
2222 (a) Which does not offer for sale, at wholesale or retail,
2223 prearranged travel or, tourist-related services, or tour-guide
2224 services for individuals or groups directly to any terrorist
2225 state and which originate in Florida;
2226 (b) Which offers for sale, at wholesale or retail, only
2227 prearranged travel or, tourist-related services, or tour-guide
2228 services for individuals or groups directly to any terrorist
2229 state and which originate in Florida, but engages in no other
2230 business dealings or commerce with any terrorist state; or
2231 (c) Which offers for sale, at wholesale or retail,
2232 prearranged travel or, tourist-related services, or tour-guide
2233 services for individuals or groups directly to any terrorist
2234 state and which originate in Florida, and also engages in any
2235 other business dealings or commerce with any terrorist state,
2236
2237 shall annually certify its business activities by filing a
2238 disclosure statement with the department which accurately
2239 represents the scope of the seller’s business activities
2240 according to the criteria provided in paragraph (a), paragraph
2241 (b), or paragraph (c).
2242 (3) The department shall specify by rule the form of each
2243 certification under this section which shall include the
2244 following information:
2245 (d) The type of all prearranged travel or, tourist-related
2246 services, or tour-guide services that the certifying party
2247 offers for sale to individuals or groups traveling directly to
2248 any terrorist state and that originate in Florida, and the
2249 frequency with which such services are offered.
2250 Section 43. Subsection (2) of section 559.937, Florida
2251 Statutes, is amended to read:
2252 559.937 Criminal penalties.—Any person or business that
2253 violates this part:
2254 (2) Which violation directly or indirectly pertains to an
2255 offer to sell, at wholesale or retail, prearranged travel or,
2256 tourist-related services, or tour-guide services for individuals
2257 or groups directly to any terrorist state and which originate in
2258 Florida, commits a felony of the third degree, punishable as
2259 provided in s. 775.082 or s. 775.083.
2260 Section 44. Except as otherwise expressly provided in this
2261 act, this act shall take effect July 1, 2016.