Florida Senate - 2019                                    SB 1788
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01620A-19                                           20191788__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 501.059, F.S.;
    4         authorizing consumers to bring civil actions against
    5         telephone solicitors; providing for the award of
    6         damages; amending s. 501.603, F.S.; providing a
    7         definition; amending s. 501.604, F.S.; providing that
    8         substance abuse marketing service providers are
    9         subject to the Florida Telemarketing Act; amending s.
   10         501.605, F.S.; conforming provisions to changes made
   11         by the act; creating s. 501.6055, F.S.; providing
   12         licensing requirements for substance abuse marketing
   13         service providers; amending s. 501.606, F.S.;
   14         requiring such providers to disclose specified
   15         information; amending s. 501.608, F.S.; revising
   16         provisions for claims of exemption from the Florida
   17         Telemarketing Act; amending s. 501.609, F.S.;
   18         requiring substance abuse marketing service providers
   19         to submit new or revised material to the department
   20         within a specified time; amending s. 501.612, F.S.;
   21         providing grounds for departmental action against such
   22         providers; amending s. 501.616, F.S.; providing
   23         unlawful acts and practices for such providers;
   24         amending s. 501.618, F.S.; providing general civil
   25         remedies in actions against such providers; amending
   26         s. 507.01, F.S.; revising definitions; amending s.
   27         507.03, F.S.; requiring separate registrations for
   28         each business, trade, or fictitious name used by a
   29         mover or moving broker; authorizing movers to act as
   30         moving brokers without a separate registration under
   31         certain conditions; revising the conditions for
   32         denying, refusing to renew, or revoking the
   33         registrations of movers and moving brokers; requiring
   34         movers and moving brokers to provide evidence of
   35         insurance or alternative coverages at specified times;
   36         requiring movers and moving brokers to maintain
   37         estimates and contracts for a specified time and to
   38         make such records available for inspection by the
   39         department; amending s. 507.04, F.S.; revising
   40         requirements for alternative insurance coverage and
   41         liability insurance claims; amending s. 507.06, F.S.;
   42         revising provisions authorizing movers to store
   43         household goods until payment is made; amending s.
   44         507.07, F.S.; providing violations; amending s.
   45         507.11, F.S.; revising criminal penalties; creating s.
   46         507.15, F.S.; directing the department to prepare and
   47         post on its website a publication regarding shippers’
   48         rights and remedies; specifying information to be
   49         included in such publication; requiring movers to
   50         provide a copy of such publication to shippers before
   51         executing a contract; amending s. 527.0201, F.S.;
   52         revising master qualifier licensing requirements;
   53         amending s. 616.242, F.S.; providing and revising
   54         definitions; revising standards for rules adopted by
   55         the department relating to amusement rides; revising
   56         provisions for permanent amusement ride annual
   57         permits; providing for temporary amusement ride
   58         permits; revising provisions for nondestructive
   59         testing and department testing of amusement rides;
   60         removing the exemption from safety standards for
   61         certain museums and institutions; removing the
   62         limitation on the authority of the department to
   63         establish exemptions from safety standards; revising
   64         inspection standards for amusement rides; directing
   65         the department to prescribe by rule specified signage
   66         to be posted at amusement ride facilities and
   67         temporary amusement ride events; requiring owners of
   68         amusement rides to employ registered safety
   69         technicians; providing requirements for such
   70         technicians; revising requirements for compliance
   71         certifications after major modifications to amusement
   72         rides; revising requirements for amusement ride
   73         inspections by owners, managers, and registered safety
   74         technicians; revising requirements for employee
   75         training; providing maintenance requirements for
   76         amusement rides; providing for witnesses and evidence
   77         in examinations and investigations conducted by the
   78         department; revising penalties; providing an effective
   79         date.
   80          
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Subsections (10) through (12) of section
   84  501.059, Florida Statutes, are renumbered as subsections (11)
   85  through (13), respectively, and a new subsection (10) is added
   86  to that section to read:
   87         501.059 Telephone solicitation.—
   88         (10)A consumer may bring a civil action in a court of
   89  competent jurisdiction against a person who has made or caused
   90  to be made more than one telephonic sales call to the consumer
   91  within any 12-month period in violation of this section. A
   92  person who fails to comply with this section is liable for
   93  actual damages and for additional statutory damages as the court
   94  may allow in an amount not to exceed $500 per violation. If the
   95  court finds that any violation of this section was committed
   96  willfully or knowingly, it may, in its discretion, increase the
   97  amount of the additional statutory damages by an amount not to
   98  exceed $1,500 per violation. The court may also enjoin the
   99  defendant from further violations of this section.
  100         Section 2. Subsection (13) is added to section 501.603,
  101  Florida Statutes, to read:
  102         501.603 Definitions.—As used in this part, unless the
  103  context otherwise requires, the term:
  104         (13)“Substance abuse marketing service provider” means any
  105  entity providing substance abuse advertising or marketing
  106  services to any service provider or operator of a recovery
  107  residence as described in s. 397.55. The term includes, but is
  108  not limited to, owners, operators, officers, directors,
  109  partners, or other individuals engaged in the management
  110  activities of a business entity pursuant to this part.
  111         Section 3. Section 501.604, Florida Statutes, is amended to
  112  read:
  113         501.604 Exemptions.—The provisions of This part, except ss.
  114  501.608 and 501.616(6) and (7), does do not apply to:
  115         (1) A person engaging in commercial telephone solicitation
  116  when where the solicitation is an isolated transaction and not
  117  done in the course of a pattern of repeated similar transactions
  118  of like nature.
  119         (2) A person soliciting for religious, charitable,
  120  political, or educational purposes. A person soliciting for
  121  other noncommercial purposes is exempt only if that person is
  122  soliciting for a nonprofit corporation and if that corporation
  123  is properly registered as such with the Secretary of State and
  124  is included within the exemption of s. 501(c)(3) or (6) of the
  125  Internal Revenue Code.
  126         (3)A person who does not make the major sales presentation
  127  during the telephone solicitation and who does not intend to,
  128  and does not actually, complete or obtain provisional acceptance
  129  of a sale during the telephone solicitation, but who makes the
  130  major sales presentation and completes the sale at a later face
  131  to-face meeting between the seller and the prospective purchaser
  132  in accordance with the home solicitation provisions in this
  133  chapter. However, if a seller, directly following a telephone
  134  solicitation, causes an individual whose primary purpose it is
  135  to go to the prospective purchaser to collect the payment or
  136  deliver any item purchased, this exemption does not apply.
  137         (3)(4) A licensed securities, commodities, or investment
  138  broker, dealer, or investment adviser, when soliciting within
  139  the scope of his or her license, or a licensed associated person
  140  of a securities, commodities, or investment broker, dealer, or
  141  investment adviser, when soliciting within the scope of his or
  142  her license. As used in this section, the term “licensed
  143  securities, commodities, or investment broker, dealer, or
  144  investment adviser” means a person subject to license or
  145  registration as such by the Securities and Exchange Commission,
  146  by the Financial Industry Regulatory Authority or other self
  147  regulatory organization as defined by the Securities Exchange
  148  Act of 1934, 15 U.S.C. s. 78l, or by an official or agency of
  149  this state or of any state of the United States. As used in this
  150  section, the term “licensed associated person of a securities,
  151  commodities, or investment broker, dealer, or investment
  152  adviser” means an associated person registered or licensed by
  153  the Financial Industry Regulatory Authority or other self
  154  regulatory organization as defined by the Securities Exchange
  155  Act of 1934, 15 U.S.C. s. 78l, or by an official or agency of
  156  this state or of any state of the United States.
  157         (4)(5) A person primarily soliciting the sale of a
  158  newspaper of general circulation.
  159         (6)A book, video, or record club or contractual plan or
  160  arrangement:
  161         (a)Under which the seller provides the consumer with a
  162  form which the consumer may use to instruct the seller not to
  163  ship the offered merchandise.
  164         (b)Which is regulated by the Federal Trade Commission
  165  trade regulation concerning “use of negative option plans by
  166  sellers in commerce.”
  167         (c)Which provides for the sale of books, records, or
  168  videos which are not covered under paragraph (a) or paragraph
  169  (b), including continuity plans, subscription arrangements,
  170  standing order arrangements, supplements, and series
  171  arrangements under which the seller periodically ships
  172  merchandise to a consumer who has consented in advance to
  173  receive such merchandise on a periodic basis.
  174         (5)(7) A supervised financial institution or parent,
  175  subsidiary, or affiliate thereof operating within the scope of
  176  supervised activity. As used in this section, the term
  177  “supervised financial institution” means a commercial bank,
  178  trust company, savings and loan association, mutual savings
  179  bank, credit union, industrial loan company, consumer finance
  180  lender, commercial finance lender, or insurer, provided that the
  181  institution is subject to supervision by an official or agency
  182  of this state, of any state, or of the United States. For the
  183  purposes of this exemption, the term “affiliate” means a person
  184  who directly, or indirectly through one or more intermediaries,
  185  controls or is controlled by, or is under common control with, a
  186  supervised financial institution.
  187         (6)(8) Any licensed insurance broker, agent, customer
  188  representative, or solicitor when soliciting within the scope of
  189  his or her license. As used in this section, the term “licensed
  190  insurance broker, agent, customer representative, or solicitor”
  191  means any insurance broker, agent, customer representative, or
  192  solicitor licensed by an official or agency of this state or of
  193  any state of the United States.
  194         (7)(9) A person soliciting the sale of services provided by
  195  a cable television system operating under authority of a
  196  franchise or permit.
  197         (8)(10) A business-to-business sale when where:
  198         (a) The commercial telephone seller has been lawfully
  199  operating continuously for at least 3 years under the same
  200  business name and has at least 50 percent of its dollar volume
  201  consisting of repeat sales to existing businesses;
  202         (b) The purchaser business intends to resell or offer for
  203  purposes of advertisement or as a promotional item the property
  204  or goods purchased; or
  205         (c) The purchaser business intends to use the property or
  206  goods purchased in a recycling, reuse, remanufacturing, or
  207  manufacturing process.
  208         (11)A person who solicits sales by periodically publishing
  209  and delivering a catalog of the seller’s merchandise to
  210  prospective purchasers, if the catalog:
  211         (a)Contains a written description or illustration of each
  212  item offered for sale.
  213         (b)Includes the business address or home office address of
  214  the seller.
  215         (c)Includes at least 20 pages of written material and
  216  illustrations and is distributed in more than one state.
  217         (d)Has an annual circulation by mailing of not less than
  218  150,000.
  219         (9)(12) A person who solicits contracts for the maintenance
  220  or repair of goods previously purchased from the person making
  221  the solicitation or on whose behalf the solicitation is made.
  222         (10)(13) A commercial telephone seller licensed pursuant to
  223  chapter 516 or part III of chapter 520. For purposes of this
  224  exemption, the seller must solicit to sell a consumer good or
  225  service within the scope of his or her license and the completed
  226  transaction must be subject to the provisions of chapter 516 or
  227  part III of chapter 520.
  228         (11)(14) A telephone company subject to chapter 364, or
  229  affiliate thereof or its agents, or a telecommunications
  230  business that is regulated by the Florida Public Service
  231  Commission, or a Federal Communications Commission licensed
  232  cellular telephone company or other bona fide radio
  233  telecommunication services provider. For the purposes of this
  234  exemption, the term “affiliate” means a person who directly, or
  235  indirectly through one or more intermediaries, controls or is
  236  controlled by, or is under common control with, a telephone
  237  company subject to chapter 364.
  238         (12)(15) A person who is licensed pursuant to chapter 497
  239  and who is soliciting within the scope of the license.
  240         (13)(16) An issuer or a subsidiary of an issuer that has a
  241  class of securities which is subject to s. 12 of the Securities
  242  Exchange Act of 1934, 15 U.S.C. s. 78l, and which is either
  243  registered or exempt from registration under paragraph (A),
  244  paragraph (B), paragraph (C), paragraph (E), paragraph (F),
  245  paragraph (G), or paragraph (H) of subsection (g)(2) of that
  246  section.
  247         (17)A business soliciting exclusively the sale of
  248  telephone answering services provided that the telephone
  249  answering services will be supplied by the solicitor.
  250         (14)(18) A person soliciting a transaction regulated by the
  251  Commodity Futures Trading Commission if the person is registered
  252  or temporarily licensed for this activity with the Commodity
  253  Futures Trading Commission under the Commodity Exchange Act, 7
  254  U.S.C. ss. 1 et seq., and the registration or license has not
  255  expired or been suspended or revoked.
  256         (15)(19) A person soliciting the sale of food or produce as
  257  defined in chapter 500 or chapter 504 if the solicitation
  258  neither intends to result in, or actually results in, a sale
  259  which costs the purchaser in excess of $500.
  260         (16)(20) A person who is registered pursuant to part XI of
  261  chapter 559 and who is soliciting within the scope of the
  262  registration.
  263         (17)(21) A person soliciting business from prospective
  264  consumers who have an existing business relationship with or who
  265  have previously purchased from the business enterprise for which
  266  the solicitor is calling, if the solicitor is operating under
  267  the same exact business name.
  268         (22)A person who has been operating, for at least 1 year,
  269  a retail business establishment under the same name as that used
  270  in connection with telemarketing, and both of the following
  271  occur on a continuing basis:
  272         (a)Either products are displayed and offered for sale or
  273  services are offered for sale and provided at the business
  274  establishment.
  275         (b)A majority of the seller’s business involves the buyer
  276  obtaining such products or services at the seller’s location.
  277         (18)(23) A person who is a registered developer or exchange
  278  company pursuant to chapter 721 and who is soliciting within the
  279  scope of the chapter.
  280         (24)Any person who has been lawfully providing
  281  telemarketing sales services continuously for at least 5 years
  282  under the same ownership and control and who derives 75 percent
  283  of its gross telemarketing sales revenues from contracts with
  284  persons exempted in this section.
  285         (19)(25) A person licensed pursuant to chapter 475 and who
  286  is soliciting within the scope of the chapter.
  287         (26)A publisher, or an agent of a publisher by written
  288  agreement, who solicits the sale of his or her periodical or
  289  magazine of general, paid circulation. The term “paid
  290  circulation” shall not include magazines that are only
  291  circulated as part of a membership package or that are given as
  292  a free gift or prize from the publisher or agent of the
  293  publisher by written agreement.
  294         (20)(27) A person who is a licensed operator or an
  295  identification cardholder as defined in chapter 482, and who is
  296  soliciting within the scope of the chapter.
  297         (21)(28) A licensee, or an affiliate of a licensee,
  298  regulated under chapter 560, the Money Transmitters’ Code, for
  299  foreign currency exchange services.
  300  
  301  This section does not apply to substance abuse marketing service
  302  providers.
  303         Section 4. Section 501.605, Florida Statutes, is amended to
  304  read:
  305         501.605 Licensure of commercial telephone sellers and
  306  entities providing substance abuse marketing services.—
  307         (1) Before doing business in this state, a commercial
  308  telephone seller or an entity providing substance abuse
  309  marketing services in accordance with s. 397.55 shall obtain a
  310  license from the department. Doing business in this state
  311  includes either telephone solicitation from a location in
  312  Florida or solicitation from other states or nations of
  313  purchasers located in Florida.
  314         (2) An applicant for a license as a commercial telephone
  315  seller or as an entity providing substance abuse marketing
  316  services must submit to the department, in such form as it
  317  prescribes, a written application for the license. The
  318  application must state set forth the following information:
  319         (a) The true name, date of birth, driver license number or
  320  other valid form of identification, and home address of the
  321  applicant, including each name under which he or she intends to
  322  do business.
  323         (b) Each business or occupation engaged in by the applicant
  324  during the 3 years immediately preceding the date of the
  325  application, and the location thereof.
  326         (c) The previous experience of the applicant as a
  327  commercial telephone seller or salesperson or as an entity
  328  providing substance abuse marketing services.
  329         (d) Whether the applicant has previously been arrested for
  330  or, convicted of, or is under indictment or information for, a
  331  felony and, if so, the nature of the felony. Conviction includes
  332  a finding of guilt where adjudication has been withheld.
  333         (e) Whether the applicant has previously been convicted of,
  334  or is under indictment or information for, racketeering or any
  335  offense involving fraud, theft, embezzlement, fraudulent
  336  conversion, or misappropriation of property. Conviction includes
  337  a finding of guilt where adjudication has been withheld.
  338         (f) Whether there has ever been a judicial or
  339  administrative finding that the applicant has previously been
  340  convicted of acting as a salesperson without a license, or
  341  whether such a license has previously been refused, revoked, or
  342  suspended in any jurisdiction.
  343         (g) Whether the applicant has worked for, or been
  344  affiliated with, a company that has had entered against it an
  345  injunction, a temporary restraining order, or a final judgment
  346  or order, including a stipulated judgment or order, an assurance
  347  of voluntary compliance, or any similar document, in any civil
  348  or administrative action involving racketeering, fraud, theft,
  349  embezzlement, fraudulent conversion, or misappropriation of
  350  property or the use of any untrue, deceptive, or misleading
  351  representation or the use of any unfair, unlawful, or deceptive
  352  trade practice.
  353         (h) Whether the applicant has had entered against him or
  354  her an injunction, a temporary restraining order, or a final
  355  judgment or order, including a stipulated judgment or order, an
  356  assurance of voluntary compliance, or any similar document, in
  357  any civil or administrative action involving racketeering,
  358  fraud, theft, embezzlement, fraudulent conversion, or
  359  misappropriation of property or the use of any untrue,
  360  deceptive, or misleading representation or the use of any
  361  unfair, unlawful, or deceptive trade practice; and whether or
  362  not there is any litigation pending against the applicant.
  363         (i) The name of any parent or affiliated entity that:
  364         1. Will engage in a business transaction with the purchaser
  365  relating to any sale solicited by the applicant; or
  366         2. Accepts responsibility or is otherwise held out by the
  367  applicant as being responsible for any statement or act of the
  368  applicant relating to any sale solicited by the applicant.
  369         (j) The complete street address of each location,
  370  designating the principal location, from which the applicant
  371  will be doing business. The street address may not be a mail
  372  drop.
  373         (k) A list of all telephone numbers to be used by the
  374  applicant, with the address where each telephone using these
  375  numbers will be located.
  376         (l) The true name, current home address, date of birth, and
  377  all other names by which known, or previously known, of each:
  378         1. Principal officer, director, trustee, shareholder,
  379  owner, or partner of the applicant, and of each other person
  380  responsible for the management of the business of the applicant.
  381         2. Office manager or other person principally responsible
  382  for a location from which the applicant will do business.
  383         3. Salesperson or other person to be employed by the
  384  applicant.
  385  
  386  The application shall be accompanied by a copy of any: script,
  387  outline, or presentation the applicant will require or suggest a
  388  salesperson to use when soliciting, or, if no such document is
  389  used, a statement to that effect; sales information or
  390  literature to be provided by the applicant to a salesperson; and
  391  sales information or literature to be provided by the applicant
  392  to a purchaser in connection with any solicitation.
  393         (3) When an application states sets forth information
  394  regarding an applicant as described in paragraphs (2)(d)-(h),
  395  the applicant must:
  396         (a) Identify the court or administrative agency rendering
  397  the conviction, judgment, or order against the applicant person
  398  or pending litigation.
  399         (b) Provide the docket number of the matter; the date of
  400  the conviction, judgment, or order; and the name of the
  401  governmental agency, if any, that brought the action resulting
  402  in the conviction, judgment, or order. The applicant must also
  403  include litigation.
  404         (4) If the applicant is other than a natural person, or if
  405  any parent or affiliated entity is identified pursuant to
  406  paragraph (2)(i), the applicant must, for itself and for any
  407  such entity, identify its place of organization and:
  408         (a) In the case of a partnership, provide a copy of any
  409  written partnership agreement; or
  410         (b) In the case of a corporation, provide a copy of its
  411  articles of incorporation and bylaws.
  412         (5) An application filed pursuant to this part must be
  413  verified and accompanied by:
  414         (a) A bond, letter of credit, or certificate of deposit
  415  satisfying the requirements of s. 501.611. An entity providing
  416  substance abuse marketing services in accordance with s. 397.55
  417  is exempt from this requirement.
  418         (b) A fee for licensing in the amount of $1,500. The fee
  419  shall be deposited into the General Inspection Trust Fund. The
  420  department shall waive the initial license fee for an honorably
  421  discharged veteran of the United States Armed Forces, the spouse
  422  or surviving spouse of such a veteran, a current member of the
  423  United States Armed Forces who has served on active duty, the
  424  spouse of such a member, the surviving spouse of a member of the
  425  United States Armed Forces if such member died while serving on
  426  active duty, or a business entity that has a majority ownership
  427  held by such a veteran or spouse or surviving spouse if the
  428  department receives an application, in a format prescribed by
  429  the department. The application format must include the
  430  applicant’s signature, under penalty of perjury, and supporting
  431  documentation. To qualify for the waiver:
  432         1. A veteran must provide to the department a copy of his
  433  or her DD Form 214, as issued by the United States Department of
  434  Defense, or another acceptable form of identification as
  435  specified by the Department of Veterans’ Affairs;
  436         2. The spouse or surviving spouse of a veteran must provide
  437  to the department a copy of the veteran’s DD Form 214, as issued
  438  by the United States Department of Defense, or another
  439  acceptable form of identification as specified by the Department
  440  of Veterans’ Affairs, and a copy of a valid marriage license or
  441  certificate verifying that he or she was lawfully married to the
  442  veteran at the time of discharge; or
  443         3. A business entity must provide to the department proof
  444  that a veteran or the spouse or surviving spouse of a veteran
  445  holds a majority ownership in the business, a copy of the
  446  veteran’s DD Form 214, as issued by the United States Department
  447  of Defense, or another acceptable form of identification as
  448  specified by the Department of Veterans’ Affairs, and, if
  449  applicable, a copy of a valid marriage license or certificate
  450  verifying that the spouse or surviving spouse of the veteran was
  451  lawfully married to the veteran at the time of discharge.
  452         (6) The department shall issue a license number to all
  453  commercial telephone sellers.
  454         (7) It is a violation of this part for a commercial
  455  telephone seller or an entity providing substance abuse
  456  marketing services to:
  457         (a) Fail to maintain a valid license.
  458         (b) Advertise that one is licensed as a commercial seller
  459  or as an entity providing substance abuse marketing services or
  460  represent that such licensing constitutes approval or
  461  endorsement by any government or governmental office or agency.
  462         (c) Provide inaccurate or incomplete information to the
  463  department when making a license application.
  464         (d) Misrepresent that one a person is registered or that
  465  one such a person has a valid license number.
  466         Section 5. Section 501.6055, Florida Statutes, is created
  467  to read:
  468         501.6055Licensure of substance abuse marketing service
  469  providers.—
  470         (1)Before doing business in this state, a substance abuse
  471  marketing service provider shall obtain a license from the
  472  department. Doing business in this state includes providing
  473  substance abuse marketing services to entities located in
  474  Florida or, with the intent to interact with a consumer
  475  interested in substance abuse services, making or receiving
  476  telephone calls at a location in Florida, or making telephone
  477  calls to a consumer located in Florida.
  478         (2)An applicant for a license as a substance abuse
  479  marketing service provider must submit to the department, in
  480  such form as it prescribes, a written application for the
  481  license. The application must state the following information:
  482         (a)The true name, date of birth, driver license number or
  483  other valid form of identification, and home address of the
  484  applicant, including each name under which he or she intends to
  485  do business.
  486         (b)Each business or occupation engaged in by the applicant
  487  during the 3 years immediately preceding the date of the
  488  application, and the location thereof.
  489         (c)The previous experience of the applicant as a substance
  490  abuse marketing service provider.
  491         (d)Whether the applicant has previously been arrested for
  492  or convicted of, or is under indictment or information for, a
  493  felony and, if so, the nature of the felony. Conviction includes
  494  a finding of guilt where adjudication has been withheld.
  495         (e)Whether the applicant has previously been convicted of,
  496  or is under indictment or information for, racketeering or any
  497  offense involving fraud, theft, embezzlement, fraudulent
  498  conversion, or misappropriation of property. Conviction includes
  499  a finding of guilt where adjudication has been withheld.
  500         (f)Whether there has ever been a judicial or
  501  administrative finding that the applicant has previously been
  502  convicted of acting as a salesperson without a license, or
  503  whether such a license has previously been refused, revoked, or
  504  suspended in any jurisdiction.
  505         (g)Whether the applicant has worked for, or been
  506  affiliated with, a company that has had entered against it an
  507  injunction, a temporary restraining order, or a final judgment
  508  or order, including a stipulated judgment or order, an assurance
  509  of voluntary compliance, or any similar document, in any civil
  510  or administrative action involving racketeering, fraud, theft,
  511  embezzlement, fraudulent conversion, or misappropriation of
  512  property or the use of any untrue, deceptive, or misleading
  513  representation or the use of any unfair, unlawful, or deceptive
  514  trade practice.
  515         (h)Whether the applicant has had entered against him or
  516  her an injunction, a temporary restraining order, or a final
  517  judgment or order, including a stipulated judgment or order, an
  518  assurance of voluntary compliance, or any similar document, in
  519  any civil or administrative action involving racketeering,
  520  fraud, theft, embezzlement, fraudulent conversion, or
  521  misappropriation of property or the use of any untrue,
  522  deceptive, or misleading representation or the use of any
  523  unfair, unlawful, or deceptive trade practice; and whether there
  524  is any litigation pending against the applicant.
  525         (i)The name of any parent or affiliated entity that:
  526         1.Will engage in a business transaction with the purchaser
  527  relating to any sale solicited by the applicant; or
  528         2.Accepts responsibility or is otherwise held out by the
  529  applicant as being responsible for any statement or act of the
  530  applicant relating to any sale solicited by the applicant.
  531         (j)The complete street address of each location,
  532  designating the principal location, from which the applicant
  533  will be doing business. The street address may not be a mail
  534  drop.
  535         (k)A list of all telephone numbers to be used by the
  536  applicant, with the address where each telephone using these
  537  numbers will be located.
  538         (l)The true name, current home address, date of birth, and
  539  all other names by which known, or previously known, of each:
  540         1.Principal officer, director, trustee, shareholder,
  541  owner, or partner of the applicant, and of each other person
  542  responsible for the management of the business of the applicant.
  543         2.Office manager or other person principally responsible
  544  for a location from which the applicant will do business.
  545         3.Persons to be employed by the applicant to make or
  546  answer telephone calls.
  547  
  548  The application shall be accompanied by a copy of any script,
  549  outline, or presentation the applicant will require or suggest a
  550  person to use when making or answering telephone calls in the
  551  conduct of business as a substance abuse marketing service
  552  provider, or, if no such document is used, a statement to that
  553  effect; literature to be provided by the applicant to a person
  554  employed to make or answer calls on behalf of the substance
  555  abuse marketing service provider; and literature to be provided
  556  by the applicant to a consumer who requests assistance with
  557  substance abuse services.
  558         (3)When an application states information regarding an
  559  applicant as described in paragraphs (2)(d)-(h), the applicant
  560  must:
  561         (a)Identify the court or administrative agency rendering
  562  the conviction, judgment, or order against the applicant or
  563  pending litigation.
  564         (b)Provide the docket number of the matter; the date of
  565  the conviction, judgment, or order; and the name of the
  566  governmental agency, if any, that brought the action resulting
  567  in the conviction, judgment, or order.
  568         (4)If the applicant is other than a natural person, or if
  569  any parent or affiliated entity is identified pursuant to
  570  paragraph (2)(i), the applicant must, for itself and for any
  571  such entity, identify its place of organization and:
  572         (a)In the case of a partnership, provide a copy of any
  573  written partnership agreement; or
  574         (b)In the case of a corporation, provide a copy of its
  575  articles of incorporation and bylaws.
  576         (5)An application filed pursuant to this part must be
  577  verified and accompanied by a fee for licensing in the amount of
  578  $1,500. The fee shall be deposited into the General Inspection
  579  Trust Fund. The department shall waive the initial license fee
  580  for an honorably discharged veteran of the United States Armed
  581  Forces, the spouse or surviving spouse of such a veteran, a
  582  current member of the United States Armed Forces who has served
  583  on active duty, the spouse of such a member, the surviving
  584  spouse of a member of the United States Armed Forces if such
  585  member died while serving on active duty, or a business entity
  586  that has a majority ownership held by such a veteran or spouse
  587  or surviving spouse if the department receives an application,
  588  in a format prescribed by the department. The application format
  589  must include the applicant’s signature, under penalty of
  590  perjury, and supporting documentation. To qualify for the
  591  waiver:
  592         (a)A veteran must provide to the department a copy of his
  593  or her DD Form 214, as issued by the United States Department of
  594  Defense, or another acceptable form of identification as
  595  specified by the Department of Veterans’ Affairs;
  596         (b)The spouse or surviving spouse of a veteran must
  597  provide to the department a copy of the veteran’s DD Form 214,
  598  as issued by the United States Department of Defense, or another
  599  acceptable form of identification as specified by the Department
  600  of Veterans’ Affairs, and a copy of a valid marriage license or
  601  certificate verifying that he or she was lawfully married to the
  602  veteran at the time of discharge; or
  603         (c)A business entity must provide to the department proof
  604  that a veteran or the spouse or surviving spouse of a veteran
  605  holds a majority ownership in the business, a copy of the
  606  veteran’s DD Form 214, as issued by the United States Department
  607  of Defense, or another acceptable form of identification as
  608  specified by the Department of Veterans’ Affairs, and, if
  609  applicable, a copy of a valid marriage license or certificate
  610  verifying that the spouse or surviving spouse of the veteran was
  611  lawfully married to the veteran at the time of discharge.
  612         (6)The department shall issue a license number to all
  613  substance abuse marketing service providers.
  614         (7)It is a violation of this part for a substance abuse
  615  marketing service provider to:
  616         (a)Fail to maintain a valid license.
  617         (b)Advertise that one is licensed as an entity providing
  618  substance abuse marketing services or represent that such
  619  licensing constitutes approval or endorsement by any government
  620  or governmental office or agency.
  621         (c)Provide inaccurate or incomplete information to the
  622  department when making a license application.
  623         (d)Misrepresent that one is registered or that one has a
  624  valid license number.
  625         Section 6. Subsections (1) and (3) of section 501.606,
  626  Florida Statutes, are amended to read:
  627         501.606 Disclosures required of commercial telephone
  628  sellers and entities providing substance abuse marketing service
  629  providers services.—
  630         (1) With respect to any person identified pursuant to s.
  631  501.605(2)(a), s. 501.605(2)(i), s. 501.605(2)(l), s.
  632  501.6055(2)(a), s. 501.6055(2)(i), or s. 501.6055(2)(l) s.
  633  501.605, an applicant for a license as a commercial telephone
  634  seller or as an entity providing substance abuse marketing
  635  service provider services must state in his or her application
  636  the identity of any affiliated commercial seller, or
  637  salesperson, or marketing service provider who:
  638         (a) Has been convicted of, or is under indictment or
  639  information for, racketeering or any offense involving fraud,
  640  theft, embezzlement, fraudulent conversion, or misappropriation
  641  of property. Conviction includes a finding of guilt where
  642  adjudication has been withheld;
  643         (b) Is involved in pending litigation or has had entered
  644  against him or her an injunction, a temporary restraining order,
  645  or a final judgment or order, including a stipulated judgment or
  646  order, an assurance of voluntary compliance, or any similar
  647  document, in any civil or administrative action involving
  648  racketeering, fraud, theft, embezzlement, fraudulent conversion,
  649  or misappropriation of property or the use of any untrue,
  650  deceptive, or misleading representation or the use of any
  651  unfair, unlawful, or deceptive trade practice;
  652         (c) Is, or ever has been, subject to any litigation,
  653  injunction, temporary restraining order, or final judgment or
  654  order, including a stipulated judgment or order, an assurance of
  655  voluntary compliance, or any similar document or any restrictive
  656  court order relating to a business activity as the result of any
  657  action brought by a governmental agency, including any action
  658  affecting any license to do business or practice an occupation
  659  or trade;
  660         (d) Has at any time during the previous 7 years filed for
  661  bankruptcy, been adjudged bankrupt, or been reorganized because
  662  of insolvency; or
  663         (e) Has been a principal, director, officer, or trustee of,
  664  or a general or limited partner in, or had responsibilities as a
  665  manager in, any corporation, partnership, joint venture, or
  666  other entity that filed for bankruptcy, was adjudged bankrupt,
  667  or was reorganized because of insolvency within 1 year after the
  668  person held that position. The disclosures required in paragraph
  669  (d) shall be applicable insofar as they relate to the commercial
  670  telephone seller or substance abuse marketing service provider
  671  applicant, as well as any affiliated commercial seller,
  672  affiliate or salesperson, or marketing service provider.
  673         (3) Each commercial telephone seller and substance abuse
  674  marketing service provider shall disclose to the department the
  675  name, address, and account number of each institution where
  676  banking or similar monetary transactions are done by the
  677  commercial telephone seller or substance abuse marketing service
  678  provider.
  679         Section 7. Section 501.608, Florida Statutes, is amended to
  680  read:
  681         501.608 License or claim affidavit of exemption;
  682  occupational license.—
  683         (1)(a) The department shall issue to each approved
  684  applicant a license in such form and size as is prescribed by
  685  the department and, in the case of a commercial telephone seller
  686  who is not exempt under the provisions of s. 501.604, shall
  687  issue a license for each location at which the commercial
  688  telephone seller proposes to do business.
  689         (b) Except for a person claiming an exemption under s.
  690  501.604(1), any commercial telephone seller claiming to be
  691  exempt from the act under s. 501.604 s. 501.604(2), (3), (5),
  692  (6), (9), (10), (11), (12), (17), (21), (22), (24), or (26) must
  693  file with the department a claim notarized affidavit of
  694  exemption. The claim affidavit of exemption must be on forms
  695  prescribed by the department and must require the name of the
  696  commercial telephone seller, the name of the business, and the
  697  business address, and all telephone numbers used by the
  698  commercial telephone seller or its authorized agents to make
  699  outgoing commercial telephone solicitations. At the request of
  700  the department, the commercial telephone seller shall provide
  701  sales scripts, contracts, and other documentation as needed to
  702  verify the validity of the exemption before the claim affidavit
  703  of exemption is accepted for filing. A commercial telephone
  704  seller maintaining more than one business may file a single
  705  claim notarized affidavit of exemption that clearly indicates
  706  the location of each place of business. If a change of ownership
  707  occurs, the commercial telephone seller must notify the
  708  department.
  709         (c) The claim affidavit of exemption may be used for the
  710  purpose of obtaining an occupational license.
  711         (d) Each license issued under this part must show the name
  712  and address of the person to whom it is issued, as well as the
  713  license number, if any, and date of issuance.
  714         (2) Each licensee or person operating under a valid and
  715  properly filed exemption shall prominently display his or her
  716  license or a copy of his or her receipt of filing of the claim
  717  affidavit of exemption at each location where he or she does
  718  business and shall make the license or the receipt of filing of
  719  the claim affidavit of exemption available for inspection by any
  720  governmental agency upon request.
  721         (3) Failure to obtain or display a license or a receipt of
  722  filing of a claim an affidavit of exemption is sufficient
  723  grounds for the department to issue an immediate cease and
  724  desist order, which shall act as an immediate final order under
  725  s. 120.569(2)(n). The order shall remain in effect until the
  726  commercial telephone seller, the entity providing substance
  727  abuse marketing service provider services, or a person claiming
  728  to be exempt shows the authorities that he or she is properly
  729  licensed or exempt. The department may order the business to
  730  cease operations and shall order the phones to be shut off.
  731  Failure of a commercial telephone seller or substance abuse
  732  marketing service provider salesperson to display a license or a
  733  receipt of filing of a claim an affidavit of exemption may
  734  result in the seller or marketing service provider salesperson
  735  being summarily ordered by the department to leave the office
  736  until he or she can produce a license or a receipt of filing of
  737  a claim an affidavit of exemption for the department.
  738         (4) Any person applying for or renewing a local
  739  occupational license to engage in business as a commercial
  740  telephone seller or as an entity providing substance abuse
  741  marketing service provider services must exhibit an active
  742  license or a copy of the claim affidavit of exemption before the
  743  local occupational license may be issued or reissued.
  744         (5) A claim An affidavit of exemption has no bearing on a
  745  person’s burden of proof in any civil or criminal proceeding as
  746  provided in s. 501.624.
  747         Section 8. Subsection (3) of section 501.609, Florida
  748  Statutes, is amended to read:
  749         501.609 License renewal.—
  750         (3) If any change is made to any script, outline,
  751  presentation, sales information, or literature used by a
  752  licensee in connection with any solicitation or any services
  753  provided by a substance abuse marketing service provider, the
  754  new or revised material must be submitted by the licensee to the
  755  department within 10 days after of the change.
  756         Section 9. Subsection (1) of section 501.612, Florida
  757  Statutes, is amended to read:
  758         501.612 Grounds for departmental action against licensure
  759  applicants or licensees.—
  760         (1) The department may enter an order directing that one or
  761  more of the actions set forth in subsection (2) be taken if the
  762  department finds that a commercial telephone seller or
  763  salesperson or an entity providing substance abuse marketing
  764  service provider services, or any person applying for licensure
  765  as a commercial telephone seller or salesperson or an entity
  766  providing substance abuse marketing service provider services,
  767  including, but not limited to, owners, operators, officers,
  768  directors, partners, or other individuals engaged in the
  769  management activities of a business entity:
  770         (a) Has, regardless of adjudication, been convicted or
  771  found guilty of, or has entered a plea of guilty or a plea of
  772  nolo contendere to, racketeering or any offense involving fraud,
  773  theft, embezzlement, fraudulent conversion, or misappropriation
  774  of property, or any other crime involving moral turpitude;
  775         (b) Has, regardless of adjudication, been convicted or
  776  found guilty of, or has entered a plea of guilty or a plea of
  777  nolo contendere to, any felony;
  778         (c) Has had entered against him or her or any business for
  779  which he or she has worked or been affiliated, an injunction, a
  780  temporary restraining order, or a final judgment or order,
  781  including a stipulated judgment or order, an assurance of
  782  voluntary compliance, or any similar document, in any civil or
  783  administrative action involving racketeering, fraud, theft,
  784  embezzlement, fraudulent conversion, or misappropriation of
  785  property or the use of any untrue or misleading representation
  786  in an attempt to sell or dispose of real or personal property or
  787  the use of any unfair, unlawful, or deceptive trade practice;
  788         (d) Is subject to or has worked or been affiliated with any
  789  company which is, or ever has been, subject to any injunction,
  790  temporary restraining order, or final judgment or order,
  791  including a stipulated judgment or order, an assurance of
  792  voluntary compliance, or any similar document, or any
  793  restrictive court order relating to a business activity as the
  794  result of any action brought by a governmental agency, including
  795  any action affecting any license to do business or practice an
  796  occupation or trade;
  797         (e) Has at any time during the previous 7 years filed for
  798  bankruptcy, been adjudged bankrupt, or been reorganized because
  799  of insolvency;
  800         (f) Has been a principal, director, officer, or trustee of,
  801  or a general or limited partner in, or had responsibilities as a
  802  manager in, any corporation, partnership, joint venture, or
  803  other entity that filed the bankruptcy, was adjudged bankrupt,
  804  or was reorganized because of insolvency within 1 year after the
  805  person held that position;
  806         (g) Has been previously convicted of or found to have been
  807  acting as a salesperson or commercial telephone seller or an
  808  entity providing substance abuse marketing service provider
  809  services without a license or whose licensure has previously
  810  been refused, revoked, or suspended in any jurisdiction;
  811         (h) Falsifies or willfully omits any material information
  812  asked for in any application, document, or record required to be
  813  submitted or retained under this part;
  814         (i) Makes a material false statement in response to any
  815  request or investigation by the department or the state
  816  attorney;
  817         (j) Refuses or fails, after notice, to produce any document
  818  or record or disclose any information required to be produced or
  819  disclosed under this part or the rules of the department;
  820         (k) Is not of good moral character; or
  821         (l) Otherwise violates or is operating in violation of any
  822  of the provisions of this part or of the rules adopted or orders
  823  issued thereunder.
  824         Section 10. Subsections (4) and (5) of section 501.616,
  825  Florida Statutes, are amended to read:
  826         501.616 Unlawful acts and practices.—
  827         (4) A commercial telephone seller or salesperson or
  828  substance abuse marketing service provider must be licensed.
  829         (5) A salesperson or commercial telephone seller or
  830  substance abuse marketing service provider may not otherwise
  831  violate this part.
  832         Section 11. Section 501.618, Florida Statutes, is amended
  833  to read:
  834         501.618 General civil remedies.—The department may bring:
  835         (1) An action to obtain a declaratory judgment that an act
  836  or practice violates the provisions of this part.
  837         (2) An action to enjoin a person who has violated, is
  838  violating, or is otherwise likely to violate the provisions of
  839  this part.
  840         (3) An action on behalf of one or more purchasers for the
  841  actual damages caused by an act or practice performed in
  842  violation of the provisions of this part. Such an action may
  843  include, but is not limited to, an action to recover against a
  844  bond, letter of credit, or certificate of deposit as otherwise
  845  provided in this part.
  846  
  847  Upon motion of the enforcing authority in any action brought
  848  under this section, the court may make appropriate orders,
  849  including appointment of a general or special magistrate or
  850  receiver or sequestration of assets, to reimburse consumers
  851  found to have been damaged, to carry out a consumer transaction
  852  in accordance with the consumer’s reasonable expectations, or to
  853  grant other appropriate relief. The court may assess the
  854  expenses of a general or special magistrate or receiver against
  855  a commercial telephone seller or an entity providing substance
  856  abuse marketing service provider services. Any injunctive order,
  857  whether temporary or permanent, issued by the court shall be
  858  effective throughout the state unless otherwise provided in the
  859  order.
  860         Section 12. Subsections (9) and (10) of section 507.01,
  861  Florida Statutes, are amended to read:
  862         507.01 Definitions.—As used in this chapter, the term:
  863         (9) “Mover” means a person who, for compensation, contracts
  864  for or engages in the loading, transportation or shipment, or
  865  unloading of household goods as part of a household move. The
  866  term includes, but is not limited to, owners, operators,
  867  officers, directors, partners, or other individuals engaged in
  868  the management activities of a business entity subject to
  869  regulation under this chapter. The term does not include a
  870  postal, courier, envelope, or package service that does not
  871  advertise itself as a mover or moving service or a person who is
  872  hired as a laborer to assist a shipper only in the loading and
  873  unloading of the shipper’s own household goods.
  874         (10) “Moving broker” or “broker” means a person who, for
  875  compensation, arranges for another person to load, transport or
  876  ship, or unload household goods as part of a household move or
  877  who, for compensation, refers a shipper to a mover by telephone,
  878  postal or electronic mail, Internet website, or other means. The
  879  term includes, but is not limited to, owners, operators,
  880  officers, directors, partners, or other individuals engaged in
  881  the management activities of a business entity subject to
  882  regulation under this chapter.
  883         Section 13. Present subsections (10) and (11) of section
  884  507.03, Florida Statutes, are redesignated as subsection (11)
  885  and (12), respectively, a new subsection (10) is added to that
  886  section, and subsection (1), paragraph (a) of subsection (3),
  887  subsections (7) and (8), and present subsection (10) are
  888  amended, and subsection (13) is added to that section, to read:
  889         507.03 Registration.—
  890         (1) Each mover and moving broker must register with the
  891  department, providing its legal business and trade name, mailing
  892  address, and business locations; the full names, addresses, and
  893  telephone numbers of its owners or corporate officers and
  894  directors and the Florida agent of the corporation; a statement
  895  whether it is a domestic or foreign corporation, its state and
  896  date of incorporation, its charter number, and, if a foreign
  897  corporation, the date it registered with the Department of
  898  State; the date on which the mover or broker registered its
  899  fictitious name if the mover or broker is operating under a
  900  fictitious or trade name; the name of all other corporations,
  901  business entities, and trade names through which each owner of
  902  the mover or broker operated, was known, or did business as a
  903  mover or moving broker within the preceding 5 years; and proof
  904  of the insurance or alternative coverages required under s.
  905  507.04. A mover or broker must file a separate registration for
  906  each business, trade, or fictitious name under which it is
  907  advertising or providing services.
  908         (3)(a) Registration fees shall be calculated at the rate of
  909  $300 per year per mover or moving broker. All amounts collected
  910  shall be deposited by the Chief Financial Officer to the credit
  911  of the General Inspection Trust Fund of the department for the
  912  sole purpose of administration of this chapter. A mover may act
  913  as a broker without registering as a broker if the mover is
  914  advertising and providing services under a single business,
  915  trade, or fictitious name.
  916         (7) A registration is not valid for any mover or moving
  917  broker transacting business at any place other than that
  918  designated in the mover’s or broker’s application, unless the
  919  department is first notified in writing before any change of
  920  location. A registration issued under this chapter is not
  921  assignable, and the mover or broker may not provide services
  922  conduct business under more than one name except as registered.
  923  A mover or broker desiring to change its registered name or
  924  location or designated agent for service of process at a time
  925  other than upon renewal of registration must notify the
  926  department of the change.
  927         (8) The department may deny, refuse to renew, or revoke the
  928  registration of any mover or moving broker based upon a
  929  determination that the mover or moving broker, or any of the
  930  mover’s or moving broker’s directors, officers, owners, or
  931  general partners:
  932         (a) Has failed to meet the requirements for registration as
  933  provided in this chapter;
  934         (b) Has been convicted of a crime involving fraud, theft,
  935  larceny, fraudulent conversion, misappropriation of property,
  936  dishonest dealing, or any other act of moral turpitude, or any
  937  crime arising from conduct during a movement of household goods
  938  dishonest dealing, or any other act of moral turpitude;
  939         (c) Has not satisfied a civil fine or penalty arising out
  940  of any administrative or enforcement action brought by any
  941  governmental agency or private person based upon conduct
  942  involving fraud, dishonest dealing, or any violation of this
  943  chapter;
  944         (d) Has pending against him or her any criminal,
  945  administrative, or enforcement proceedings in any jurisdiction,
  946  based upon conduct involving fraud, theft, larceny, fraudulent
  947  conversion, misappropriation of property, dishonest dealing, or
  948  any other act of moral turpitude, or any crime arising from
  949  conduct during a movement of household goods dishonest dealing,
  950  or any other act of moral turpitude; or
  951         (e) Has had a judgment entered against him or her in any
  952  action brought by the department or the Department of Legal
  953  Affairs under this chapter or ss. 501.201-501.213, the Florida
  954  Deceptive and Unfair Trade Practices Act; or
  955         (f)Has been a director, officer, owner, or general
  956  partner, or has had responsibilities as a manager, of any
  957  corporation, partnership, joint venture, or other entity that
  958  has had a judgment or final order entered against it in any
  959  action brought by the department or the Department of Legal
  960  Affairs under this chapter or ss. 501.201-501.213, the Florida
  961  Deceptive and Unfair Trade Practices Act, or in any action based
  962  upon conduct involving fraud, theft, larceny, fraudulent
  963  conversion, misappropriation of property, dishonest dealing, or
  964  any other act of moral turpitude, or any crime arising from
  965  conduct during a move of household goods.
  966         (10)The department shall, upon notification and subsequent
  967  written verification by a law enforcement agency, a court, a
  968  state attorney, or the Department of Law Enforcement,
  969  immediately suspend a registration or the processing of an
  970  application for a registration if the registrant, applicant, or
  971  director, officer, owner, or general partner of the registrant
  972  or applicant is formally charged with a crime involving fraud,
  973  theft, larceny, fraudulent conversion, misappropriation of
  974  property, dishonest dealing, or any other act of moral
  975  turpitude, or any crime arising from conduct during a move of
  976  household goods, until final disposition of the case or removal
  977  or resignation of the director, officer, owner, or general
  978  partner.
  979         (11)(10) Each mover and moving broker shall provide
  980  evidence to the department of the current and valid insurance or
  981  alternative coverages required under s. 507.04 at the time of
  982  registration and within 10 days after renewing or making any
  983  change to the coverage.
  984         (12)(11) At the request of the department, each moving
  985  broker shall provide a complete list of the movers that the
  986  moving broker has contracted or is affiliated with, advertises
  987  on behalf of, arranges moves for, or refers shippers to,
  988  including each mover’s complete name, address, telephone number,
  989  and e-mail address and the name of each mover’s owner or other
  990  principal.
  991         (13)Each mover and moving broker must maintain true and
  992  accurate signed estimates and contracts for moving services for
  993  at least 3 years. The records must be made available to the
  994  department for inspection and must be furnished no later than 10
  995  business days after request by the department.
  996         Section 14. Subsection (1) of section 507.04, Florida
  997  Statutes, is amended to read:
  998         507.04 Required insurance coverages; liability limitations;
  999  valuation coverage.—
 1000         (1) LIABILITY INSURANCE.—
 1001         (a)1. Except as provided in paragraph (b), each mover
 1002  operating in this state must maintain current and valid
 1003  liability insurance coverage of at least $10,000 per shipment
 1004  for the loss or damage of household goods resulting from the
 1005  negligence of the mover or its employees or agents.
 1006         2. The mover must provide the department with evidence of
 1007  liability insurance coverage before the mover is registered with
 1008  the department under s. 507.03. All insurance coverage
 1009  maintained by a mover must remain in effect throughout the
 1010  mover’s registration period. A mover’s failure to maintain
 1011  insurance coverage in accordance with this paragraph constitutes
 1012  an immediate threat to the public health, safety, and welfare.
 1013         (b) A mover that operates two or fewer vehicles, in lieu of
 1014  maintaining the liability insurance coverage required under
 1015  paragraph (a), may, and each moving broker that is not also
 1016  registered as a mover must, maintain one of the following
 1017  alternative coverages:
 1018         1. A performance bond in the amount of $25,000, for which
 1019  the surety of the bond must be a surety company authorized to
 1020  conduct business in this state; or
 1021         2. A certificate of deposit in a Florida banking
 1022  institution in the amount of $25,000.
 1023  
 1024  The original bond or certificate of deposit must be filed with
 1025  the department and must designate the department as the sole
 1026  beneficiary. The department must use the bond or certificate of
 1027  deposit exclusively for the payment of claims to shippers
 1028  consumers who are injured by the fraud, misrepresentation,
 1029  breach of contract, misfeasance, malfeasance, or financial
 1030  failure of the mover or moving broker or by a violation of this
 1031  chapter by the mover or broker. Liability for these injuries may
 1032  be determined in an administrative proceeding of the department
 1033  or through a civil action in a court of competent jurisdiction.
 1034  However, claims against the bond or certificate of deposit must
 1035  only be paid, in amounts not to exceed the determined liability
 1036  for these injuries, by order of the department in an
 1037  administrative proceeding. The bond or certificate of deposit is
 1038  subject to successive claims, but the aggregate amount of these
 1039  claims may not exceed the amount of the bond or certificate of
 1040  deposit. Claims must be submitted in writing on an affidavit
 1041  form adopted by department rule and must be received by the
 1042  department within 120 days after an alleged injury has occurred
 1043  or is discovered to have occurred or a judgment has been
 1044  entered. The proceedings shall be conducted pursuant to chapter
 1045  120. For proceedings conducted pursuant to ss. 120.569 and
 1046  120.57, the agency shall act only as a nominal party.
 1047         Section 15. Subsections (1) and (3) of section 507.06,
 1048  Florida Statutes, are amended to read:
 1049         507.06 Delivery and storage of household goods.—
 1050         (1) A mover must relinquish household goods to a shipper
 1051  and must place the goods inside a shipper’s dwelling or, if
 1052  directed by the shipper, inside a storehouse or warehouse that
 1053  is owned or rented by the shipper or the shipper’s agent, unless
 1054  the shipper has not tendered payment in the amount specified in
 1055  a written contract or estimate signed and dated by the shipper
 1056  that complies with the requirements of this chapter. A mover may
 1057  not refuse to relinquish prescription medicines and goods for
 1058  use by children, including children’s furniture, clothing, or
 1059  toys, under any circumstances.
 1060         (3) A mover that lawfully fails to relinquish a shipper’s
 1061  household goods may place the goods in storage until payment is
 1062  tendered; however, the mover must notify the shipper of the
 1063  location where the goods are stored and the amount due within 2
 1064  5 days after receipt of a written request for that information
 1065  from the shipper, which request must include the address where
 1066  the shipper may receive the notice. A mover may not require a
 1067  prospective shipper to waive any rights or requirements under
 1068  this section.
 1069         Section 16. Subsections (10) through (13) are added to
 1070  section 507.07, Florida Statutes, to read:
 1071         507.07 Violations.—It is a violation of this chapter:
 1072         (10)To place a shipper’s goods in a self-service storage
 1073  unit or self-contained storage unit owned by anyone other than
 1074  the mover unless those goods are stored in the name of the
 1075  shipper and the shipper contracts directly with the owner of the
 1076  self-service storage unit or self-contained storage unit.
 1077         (11)To operate in violation of or fail to comply with any
 1078  requirement of this chapter.
 1079         (12)To increase the cost of the move above the cost listed
 1080  on the written estimate unless the shipper has requested that
 1081  the mover perform additional services not listed on the original
 1082  estimate. The mover may not increase the cost of the move if the
 1083  mover failed to perform an onsite inspection before signing the
 1084  estimate.
 1085         (13)To require a cash payment.
 1086         Section 17. Subsection (1) of section 507.11, Florida
 1087  Statutes, is amended to read:
 1088         507.11 Criminal penalties.—
 1089         (1) The refusal of a mover or a mover’s employee, agent, or
 1090  contractor to comply with an order from a law enforcement
 1091  officer to relinquish a shipper’s household goods after the
 1092  officer determines that the shipper has tendered payment of the
 1093  amount of a written estimate or contract, or after the officer
 1094  determines that the mover did not produce a signed estimate or
 1095  contract that complies with the requirements of this chapter
 1096  upon which demand is being made for payment or failed to comply
 1097  with s. 507.06 or s. 507.07(12) or (13), is a felony of the
 1098  third degree, punishable as provided in s. 775.082, s. 775.083,
 1099  or s. 775.084. A mover’s compliance with an order from a law
 1100  enforcement officer to relinquish goods to a shipper is not a
 1101  waiver or finding of fact regarding any right to seek further
 1102  payment from the shipper.
 1103         Section 18. Section 507.15, Florida Statutes, is created to
 1104  read:
 1105         507.15Shippers’ bill of rights.—
 1106         (1)The department shall prepare a publication that
 1107  includes a summary of the rights and remedies available to
 1108  shippers and the responsibilities of movers under this chapter.
 1109  The publication must include a notice stating:
 1110         (a)1.That a mover’s failure to relinquish household goods
 1111  as required by this chapter or failure to comply with s. 507.06
 1112  or s. 507.07(12) or (13) constitutes a felony of the third
 1113  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1114  775.084.
 1115         2.That any other violation of this chapter constitutes a
 1116  misdemeanor of the first degree, punishable as provided in s.
 1117  775.082 or s. 775.083.
 1118         3.That any violation of this chapter constitutes a
 1119  violation of the Florida Deceptive and Unfair Trade Practices
 1120  Act.
 1121         (b)The potential risks of shipping sentimental items or
 1122  family heirlooms.
 1123         (c)The requirement that a mover must provide valuation
 1124  coverage.
 1125         (d)The methods of contacting the department for more
 1126  information or to file a complaint.
 1127  
 1128  The department shall make its publication available to the
 1129  public on its website.
 1130         (2)A mover may customize the color, design, and dimensions
 1131  of the front and back covers of the standard department
 1132  publication. If the mover customizes the publication, the
 1133  customized publication must include the content specified in
 1134  subsection (1) and the font size used must be at least 10
 1135  points, with the exception that the following must appear
 1136  prominently on the front cover in at least 12-point boldfaced
 1137  type:
 1138         Your Rights and Responsibilities When You Move.
 1139         Furnished by Your Mover, as Required by Florida Law.
 1140         (3)Before executing a contract for a household move, a
 1141  mover must provide an electronic or hard copy of the
 1142  department’s publication to a prospective shipper and obtain the
 1143  shipper’s acknowledged receipt of such publication by written or
 1144  electronic signature in the contract.
 1145         Section 19. Paragraph (a) of subsection (5) of section
 1146  527.0201, Florida Statutes, is amended to read:
 1147         527.0201 Qualifiers; master qualifiers; examinations.—
 1148         (5) In addition to all other licensing requirements, each
 1149  category I and category V licensee must, at the time of
 1150  application for licensure, identify to the department one master
 1151  qualifier who is a full-time employee at the licensed location.
 1152  This person shall be a manager, owner, or otherwise primarily
 1153  responsible for overseeing the operations of the licensed
 1154  location and must provide documentation to the department as
 1155  provided by rule. The master qualifier requirement shall be in
 1156  addition to the requirements of subsection (1).
 1157         (a) In order to apply for certification as a master
 1158  qualifier, each applicant must have at least been a registered
 1159  qualifier for a minimum of 3 years of verifiable LP gas
 1160  experience as a registered qualifier or hold a professional
 1161  certification by an LP gas equipment manufacturer as adopted by
 1162  department rule immediately preceding submission of the
 1163  application, must be employed by a licensed category I or
 1164  category V licensee, or an applicant for such license, and must
 1165  pass a master qualifier competency examination. Master qualifier
 1166  examinations shall be based on Florida’s laws, rules, and
 1167  adopted codes governing liquefied petroleum gas safety, general
 1168  industry safety standards, and administrative procedures. The
 1169  applicant must successfully pass the examination with a grade of
 1170  70 percent or above. Each applicant for master qualifier
 1171  registration must submit to the department a nonrefundable $30
 1172  examination fee before the examination.
 1173         Section 20. Section 616.242, Florida Statutes, is amended
 1174  to read:
 1175         616.242 Safety standards for amusement rides.—
 1176         (1) OWNER RESPONSIBILITY.—The owner of an amusement ride,
 1177  and each amusement ride, must meet at all times the requirements
 1178  of this section and any rules adopted hereunder thereunder.
 1179         (2) SCOPE.—This section applies to all amusement rides
 1180  within this state unless exempt under subsection (11) (10).
 1181         (3) DEFINITIONS.—As used in this section, the term:
 1182         (a) “Amusement ride” means any building, structure, or
 1183  mechanical device or combination thereof through which a patron
 1184  moves, walks, or is carried or conveyed on, along, around, over,
 1185  or through a fixed or restricted course or within a defined area
 1186  for the purpose of giving its patrons amusement, pleasure,
 1187  thrills, or excitement.
 1188         (b)“Amusement ride event” means an amusement ride or rides
 1189  operated by an owner at a specific location and date as listed
 1190  on an annual permit application or a temporary amusement ride
 1191  permit application.
 1192         (c)(b) “Annual permit” means the United States Amusement
 1193  Identification Number and the numbered and dated decal issued by
 1194  the department, which signify that the permanent amusement ride
 1195  has been permitted by the department.
 1196         (d)(c) “Bungy operation” means an amusement ride which uses
 1197  utilizes as a component a bungy cord which is an elastic rope
 1198  made of rubber, latex, or other elastic type materials whether
 1199  natural or synthetic.
 1200         (e)“Inspection certificate” means the document issued by
 1201  the department, which indicates that the amusement ride has
 1202  undergone a recurring inspection by the department as required
 1203  by this section.
 1204         (e)(d) “Go-kart” means an amusement ride vehicle controlled
 1205  or driven by patrons specifically designed for and run on a
 1206  fixed course.
 1207         (f) “Kiddie ride” means an amusement ride designed
 1208  primarily for use by patrons up to 12 years of age.
 1209         (g) “Kiddie train” means a train designed as a kiddie ride
 1210  which is operated on a flat surface or flat track, carries no
 1211  more than 14 patrons, and does not exceed a speed of 3 miles per
 1212  hour.
 1213         (h) “Major modification” means any change in either the
 1214  structural or operational characteristics of an the amusement
 1215  ride which will alter its performance from that specified in the
 1216  manufacturer’s design criteria.
 1217         (i) “Manager” means a person having possession, custody, or
 1218  managerial control of an amusement ride, whether as owner,
 1219  lessee, agent, operator, attendant, or otherwise.
 1220         (j) “Nondestructive testing” is the development and
 1221  application of technical methods, including, but not limited to,
 1222  radiographic, magnetic particle, ultrasonic, liquid penetrant,
 1223  electromagnetic, neutron radiographic, acoustic emission,
 1224  visual, and leak testing to examine materials or components in
 1225  ways that do not impair their future usefulness and
 1226  serviceability in order to detect, locate, measure, and evaluate
 1227  discontinuities, defects, and other imperfections; to assess
 1228  integrity, properties, and composition; and to measure
 1229  geometrical characters.
 1230         (k) “Owner” means the person exercising ultimate dominion
 1231  and control over an amusement ride.
 1232         (l) “Patron” means any person who is in the immediate
 1233  vicinity of an amusement ride, getting on or off, or entering or
 1234  exiting an amusement ride, or using an amusement ride. The term
 1235  does not include employees, agents, or servants of the owner
 1236  while they are engaged in the duties of their employment.
 1237         (m) “Permanent amusement ride” means an amusement ride that
 1238  is not regularly relocated.
 1239         (n) “Permanent facility” means a location or place from
 1240  which amusement rides are not regularly relocated and at which
 1241  such rides operate as a lasting part of the premises.
 1242         (o) “Private event” means an event that is not open to the
 1243  general public and for which where no admission is not charged.
 1244         (p) “Professional engineer” means a person who holds a
 1245  valid license as a professional engineer issued by the
 1246  Department of Business and Professional Regulation or by an
 1247  equivalent licensing body in another state.
 1248         (q) “Qualified inspector” means an employee or agent of an
 1249  insurance underwriter of an amusement ride who documents to the
 1250  department in a manner established by rule of the department the
 1251  following qualifications:
 1252         1. A minimum of 5 years’ years experience in the amusement
 1253  ride field, at least 2 years of which were involved in actual
 1254  amusement ride inspection with a manufacturer, government
 1255  agency, park, carnival, or insurance underwriter;
 1256         2. The completion of 32 hours per year of continuing
 1257  education at a school approved by rule of the department, which
 1258  includes inservice industry or manufacturer updates and
 1259  seminars; and
 1260         3. At least 80 hours of formal education during the past 5
 1261  years from a school approved by rule of the department for
 1262  amusement ride safety. Nondestructive-testing training, as
 1263  determined by rule of the department, may be substituted for up
 1264  to one-half of the 80 hours of education.
 1265         (r) “Simulator” means any amusement ride that is a self
 1266  contained unit requiring little or no assembly and that uses a
 1267  motion picture simulation, along with a mechanical movement, to
 1268  simulate activities that provide amusement or excitement for the
 1269  patron.
 1270         (s) “Temporary amusement ride” means an amusement ride that
 1271  is regularly relocated, with or without disassembly.
 1272         (t)“Temporary amusement ride permit” means the United
 1273  States Amusement Identification Number and the decal issued by
 1274  the department, which signify that the temporary amusement ride
 1275  has been permitted by the department.
 1276         (u)(t) “Water park” means a permanent facility with one or
 1277  more amusement rides that totally or partially immerse a patron
 1278  in water.
 1279         (4) ADOPTION OF STANDARDS; RULES.—
 1280         (a) The department shall adopt by rule standards for
 1281  amusement rides which are the same as or similar to the
 1282  following national standards:
 1283         1. ASTM International American Society for Testing and
 1284  Materials Committee F-24 Standards on Amusement Rides and
 1285  Devices.
 1286         2. National Electric Code Handbook, Article 525.
 1287         3. National Fire Protection Association standards Code 101
 1288  (chapters 8-4.6 and 9-4.6).
 1289         4.ASTM Standards: E543 Practice for Determining the
 1290  Qualification of Nondestructive Testing Agencies.
 1291         5.ASNT Document Recommended Practice SNT-TC-1A Personnel
 1292  Qualification and Certification in Nondestructive Testing.
 1293         (b) The department may adopt rules necessary to effectuate
 1294  the statutory duties of the department in the interest of public
 1295  health, safety, and welfare and to promote patron safety in the
 1296  design, construction, assembly, disassembly, maintenance, and
 1297  operation of amusement rides in this state.
 1298         (c) The Legislature finds that go-karts, amusement rides at
 1299  water parks, and bungy operations are amusement rides that,
 1300  because of their unique nature, pose safety risks to patrons
 1301  distinct from other amusement rides. Therefore, the department
 1302  shall adopt rules regulating their safe use and operation and
 1303  establish safety standards and inspection requirements in
 1304  addition to those required by this section or other rule of the
 1305  department.
 1306         (d) The Legislature finds that, as a result of accidents or
 1307  other unforeseen events, circumstances may arise requiring
 1308  additional safety standards for the protection of patrons of
 1309  amusement rides., and Therefore the department may adopt rules
 1310  to address the circumstances that may arise following an
 1311  accident or unforeseen event.
 1312         (5) PERMANENT AMUSEMENT RIDE ANNUAL PERMIT.—
 1313         (a) A permanent An amusement ride may not be operated
 1314  without a current annual permit.
 1315         (b) To apply for an annual permit, an owner must submit to
 1316  the department a written application on a form prescribed by
 1317  rule of the department, which must include the following:
 1318         1. The legal name, address, and primary place of business
 1319  of the owner.
 1320         2. A description, manufacturer’s name, serial number, model
 1321  number and, if previously assigned, the United States Amusement
 1322  Identification Number of the amusement ride.
 1323         3. A valid certificate of insurance for each amusement
 1324  ride.
 1325         4. If required under subsection (7), an annual affidavit of
 1326  compliance and nondestructive testing certifying that the
 1327  amusement ride was inspected in person by the affiant and that
 1328  the amusement ride is in general conformance with the
 1329  requirements of this section and all applicable rules adopted by
 1330  the department. The affidavit must be executed by a professional
 1331  engineer or a qualified inspector no earlier than 60 days
 1332  before, but not later than, the date of the filing of the
 1333  application with the department. The owner shall request
 1334  inspection and permitting of the amusement ride within 60 days
 1335  of the date of filing the application with the department. The
 1336  department shall inspect and permit the amusement ride within 60
 1337  days after filing the application with the department.
 1338         5.If required by subsection (6), an affidavit of
 1339  nondestructive testing dated and executed no earlier than 60
 1340  days before, but not later than, the date of the filing of the
 1341  application with the department. The owner shall request
 1342  inspection and permitting of the amusement ride within 60 days
 1343  of the date of filing the application with the department. The
 1344  department shall inspect and permit the amusement ride within 60
 1345  days after filing the application with the department.
 1346         6.A request for inspection.
 1347         5.7.Upon request, The owner shall, at no cost to the
 1348  department, provide the department an electronic a copy of the
 1349  manufacturer’s current recommended operating instructions in the
 1350  possession of the owner, the owner’s operating fact sheet, and
 1351  any written bulletins in the possession of the owner concerning
 1352  the safety, operation, or maintenance of the amusement ride.
 1353         (c)An annual permit application must be received by the
 1354  department at least 15 days before the owner’s planned opening
 1355  date. If an application is received less than 15 days before the
 1356  owner’s planned opening date or less than 15 days before the
 1357  expiration of the previous permit, the department may inspect
 1358  the amusement ride and charge a late fee as set by rule of the
 1359  department.
 1360         (d)(c) An annual permit must be issued by the department to
 1361  the owner of an amusement ride when a completed application has
 1362  been received, the amusement ride has passed the department’s
 1363  inspection, and all applicable fees, as set by rule of the
 1364  department, have been paid.
 1365         (e)(d) The annual permit is valid for 1 year after from the
 1366  date of issue and is not transferable.
 1367         (f)(e) The annual permit must be displayed in an accessible
 1368  location on the amusement ride in a place visible to patrons of
 1369  the amusement ride.
 1370         (g)(f) Each go-kart track at the same permanent facility is
 1371  considered a separate amusement ride.
 1372         (h)(g) Amusement rides at water parks which operate from
 1373  the same deck or level are considered one amusement ride.
 1374         (6)TEMPORARY AMUSEMENT RIDE PERMIT.-
 1375         (a)A temporary amusement ride may not be operated without
 1376  a current permit.
 1377         (b)To apply for a permit, an owner must submit to the
 1378  department a written application on a form prescribed by rule of
 1379  the department, which must include the following:
 1380         1.The legal name, address, and primary place of business
 1381  of the owner.
 1382         2.A description, manufacturer’s name, serial number, model
 1383  number and, if previously assigned, the United States Amusement
 1384  Identification Number of the amusement ride.
 1385         3.A valid certificate of insurance for each amusement
 1386  ride.
 1387         4.If required under subsection (7), an affidavit of
 1388  compliance and nondestructive testing certifying that the
 1389  amusement ride was inspected in person by the affiant and that
 1390  the amusement ride is in general conformance with the
 1391  requirements of this section and all applicable rules adopted by
 1392  the department. The affidavit must be executed by a professional
 1393  engineer or a qualified inspector.
 1394         5.The owner shall, at no cost to the department, provide
 1395  the department an electronic copy of the manufacturer’s current
 1396  recommended operating instructions, the owner’s operating fact
 1397  sheet, and any written bulletins concerning the safety,
 1398  operation, or maintenance of the amusement ride.
 1399         (c)A temporary amusement ride permit application must be
 1400  received by the department each time the amusement ride is
 1401  relocated with or without assembly at least 14 days before the
 1402  date of the ride’s first intended use at the new location. If
 1403  the permit application is received less than 14 days before the
 1404  date of the ride’s first intended use at the new location, the
 1405  department may inspect the amusement ride and charge a late fee,
 1406  as set by rule of the department.
 1407         (d)A permit must be issued by the department to the owner
 1408  of an amusement ride when a completed application has been
 1409  received, the amusement ride has passed the department’s
 1410  inspection, and all applicable fees, as set by rule of the
 1411  department, have been paid.
 1412         (e)The permit is valid for 6 months after the date of
 1413  issue or until the ride is relocated with or without disassembly
 1414  and is not transferable.
 1415         (f)The permit must be displayed in an accessible location
 1416  on the amusement ride.
 1417         (7)(6) NONDESTRUCTIVE TESTING; ANNUAL AFFIDAVIT;
 1418  EXEMPTIONS.—
 1419         (a) Except as provided in paragraph (d), an owner may not
 1420  operate an amusement ride unless the owner has at all times a
 1421  current affidavit of nondestructive testing from a professional
 1422  engineer or qualified inspector that the amusement ride has
 1423  undergone nondestructive testing for metal fatigue at least
 1424  annually. The nondestructive testing for metal fatigue must be
 1425  conducted more often than annually, if required by any rule
 1426  adopted under this section, by the manufacturer of the amusement
 1427  ride, or by the professional engineer or qualified inspector
 1428  executing the affidavit of nondestructive testing. The
 1429  nondestructive testing for metal fatigue must consist at least
 1430  of visual nondestructive testing as well as; in addition,
 1431  nonvisual nondestructive testing for metal fatigue which must be
 1432  conducted on the components of the amusement ride as required by
 1433  any rule adopted under this section, by the manufacturer of the
 1434  amusement ride, or by the professional engineer or qualified
 1435  inspector executing the affidavit of nondestructive testing.
 1436         (b) Nondestructive testings must be performed by a
 1437  technician who meets the requirements prescribed by rule of the
 1438  department of subparagraphs (4)(a)4. and 5.
 1439         (c) An affidavit of nondestructive testing must state:
 1440         1. That the amusement ride was inspected in person by the
 1441  affiant.
 1442         2. That all nondestructive testing requirements are
 1443  current.
 1444         3. That the nondestructive testing was performed by a
 1445  qualified nondestructive testing technician.
 1446         4. The components of the amusement ride for which the
 1447  manufacturer has recommended or required nondestructive testing.
 1448         5. The type of nondestructive testing required or
 1449  recommended by the manufacturer.
 1450         6. The frequency of the nondestructive testing required or
 1451  recommended by the manufacturer.
 1452         7. The components of the amusement ride for which the
 1453  affiant has recommended or required nondestructive testing.
 1454         8. The type of nondestructive testing required or
 1455  recommended by the affiant.
 1456         9. The frequency of the nondestructive testing as required
 1457  or recommended by the affiant.
 1458         10. That visual nondestructive testing is adequate for the
 1459  amusement ride to be in general conformance with the
 1460  requirements of this section, and all applicable rules only, if
 1461  only visual nondestructive testing is required or recommended by
 1462  either the manufacturer or the affiant.
 1463         (d) Nondestructive testing is not required for fun houses,
 1464  houses of mirrors, haunted houses, mazes, wave pools, wave
 1465  making devices, kiddie pools, slides that are fully supported by
 1466  an earthen mound, nonmotorized playground equipment that
 1467  requires a manager, or lazy-river-type nonmotorized floating
 1468  carriers propelled by water.
 1469         (8)(7) DEPARTMENT INSPECTIONS.—
 1470         (a) In order to obtain an annual or a temporary amusement
 1471  ride permit, an amusement ride must be inspected by the
 1472  department in accordance with subsection (11) and receive an
 1473  inspection certificate. In addition, each permanent amusement
 1474  ride must be inspected semiannually by the department in
 1475  accordance with subsection (11) and receive an inspection
 1476  certificate, and each temporary amusement ride must be inspected
 1477  by the department in accordance with subsection (11), and must
 1478  receive an inspection certificate each time the ride is set up
 1479  or moved to a new location in this state unless the temporary
 1480  amusement ride is:
 1481         1. Is used at a private event;
 1482         2. Is a simulator, the capacity of which does not exceed 16
 1483  persons; or
 1484         3. Is a kiddie ride used at a public event, provided that
 1485  not there are no more than three amusement rides are at the
 1486  event, none of the kiddie rides at the event do not exceed
 1487  exceeds a capacity of 12 persons, and the kiddie ride was
 1488  inspected by the department has an inspection certificate that
 1489  was issued within the preceding 6 months. The capacity of a
 1490  kiddie ride shall be determined by rule of the department,
 1491  unless the capacity of the ride has been determined and
 1492  specified by the manufacturer. Any owner of a kiddie ride
 1493  operating under this exemption is responsible for ensuring that
 1494  not no more than three amusement rides are operated at the
 1495  event; or
 1496         4.Was inspected and certified by an accredited trade
 1497  organization as defined by department rule.
 1498         (b)To obtain a department inspection for an amusement
 1499  ride, the owner must submit to the department on a form
 1500  prescribed by rule of the department a written Request for
 1501  Inspection. The owner must provide the following information to
 1502  the department:
 1503         1.The legal name, address, and primary place of business
 1504  of the owner.
 1505         2.A description, manufacturer’s name, serial number, model
 1506  number, and the United States Amusement Identification Number,
 1507  if previously assigned, of the amusement ride.
 1508         3.For a temporary amusement ride, for each time the
 1509  amusement ride is set up or moved to a new location, the date of
 1510  first intended use at the new location and the address or a
 1511  description of the new location.
 1512         (c)For permanent amusement rides, the request for
 1513  inspection must be received by the department at least 15 days
 1514  before the owner’s planned opening date or at least 15 days
 1515  before the expiration of the prior inspection certificate. If
 1516  the request for inspection is received less than 15 days before
 1517  the owner’s planned opening date or less than 15 days before the
 1518  expiration of the prior inspection certificate, the department
 1519  may nevertheless inspect the amusement ride and charge a late
 1520  fee, as set by rule of the department.
 1521         (d)For temporary amusement rides, the request for
 1522  inspection must be received by the department for each time the
 1523  amusement ride is set up or moved to a new location at least 14
 1524  days before the date of first intended use at the new location.
 1525  If the request for inspection is received less than 14 days
 1526  before the date of first intended use at the new location, the
 1527  department may nevertheless inspect the amusement ride and
 1528  charge a late fee, as set by rule of the department.
 1529         (b)(e) Inspections will be assigned on a first come, first
 1530  served basis, and overflow requests will be scheduled on the
 1531  closest date to the date for which the inspection was requested.
 1532         (c)(f) Upon failure of an amusement ride to pass any
 1533  department inspection, the owner may request reinspection which
 1534  shall be submitted in writing to the department on a form
 1535  prescribed by rule of the department. The department shall
 1536  reinspect the amusement ride as soon as practical after
 1537  following receipt of the written request for reinspection and
 1538  any applicable reinspection fees set by rule of the department.
 1539  Inspections will be assigned on a first come, first served
 1540  basis, and the overflow requests will be scheduled on the
 1541  closest date to the date for which the inspection was requested.
 1542         (g)If the amusement ride passes inspection and the owner
 1543  pays the applicable fee set by rule of the department, the
 1544  department shall issue an inspection certificate on a form
 1545  prescribed by rule of the department.
 1546         (h)The inspection certificate must contain the date of
 1547  inspection, the site of the inspection, and the name of the
 1548  inspector.
 1549         (i)The inspection certificate is valid only for the site
 1550  stated on the inspection certificate. The inspection certificate
 1551  is valid for a period of not more than 6 months from the date of
 1552  issuance, and is not transferable.
 1553         (j)The inspection certificate must be displayed on the
 1554  amusement ride at a place readily visible to patrons of the
 1555  amusement ride.
 1556         (d)(k) If the owner fails to timely cancel a scheduled
 1557  Request for inspection, requests holiday or weekend inspections,
 1558  or is required to have a replacement USAID plate issued by the
 1559  department, the owner may be charged an appropriate fee to be
 1560  set by rule of the department.
 1561         (9)(8) FEES.—
 1562         (a) The department shall by rule establish fees to cover
 1563  the costs and expenditures associated with the fair rides
 1564  inspection program, including all direct and indirect costs. If
 1565  there is not sufficient general revenue appropriated by the
 1566  Legislature, the industry shall pay for the remaining cost of
 1567  the program. The fees must be deposited in the General
 1568  Inspection Trust Fund.
 1569         (b) Any owner of an amusement ride who has not paid all the
 1570  fees required under this section or who has any unpaid fine
 1571  outstanding under this section may not operate any amusement
 1572  ride in this state until the fees and fines have been paid to
 1573  the department.
 1574         (10)(9) INSURANCE REQUIREMENTS.—
 1575         (a) An owner may not operate an amusement ride unless the
 1576  owner has in effect at all times of operation an insurance
 1577  policy in an amount of at least $1 million per occurrence, $1
 1578  million in the aggregate, which insures the owner of the
 1579  amusement ride against liability for injury to persons arising
 1580  out of the use of the amusement ride.
 1581         (b) The policy must be procured from an insurer that is
 1582  licensed to transact business in this state or that is approved
 1583  as a surplus lines insurer.
 1584         (c) The insurance requirements imposed under This
 1585  subsection does do not apply to a governmental entity that is
 1586  covered under by the provisions of s. 768.28(16).
 1587         (11)(10) EXEMPTIONS.—
 1588         (a) This section does not apply to:
 1589         1. Permanent facilities that employ at least 1,000 full
 1590  time employees and that maintain full-time, in-house safety
 1591  inspectors. Furthermore, The permanent facilities must file an
 1592  affidavit of the annual inspection with the department, on a
 1593  form prescribed by rule of the department. Additionally, The
 1594  Department of Agriculture and Consumer Services may consult
 1595  annually with the permanent facilities regarding industry safety
 1596  programs.
 1597         2. Any playground operated by a school, local government,
 1598  or business licensed under chapter 509, if the playground is an
 1599  incidental amenity and the operating entity is not primarily
 1600  engaged in providing amusement, pleasure, thrills, or
 1601  excitement.
 1602         3.Museums or other institutions principally devoted to the
 1603  exhibition of products of agriculture, industry, education,
 1604  science, religion, or the arts.
 1605         3.4. Conventions or trade shows for the sale or exhibit of
 1606  amusement rides if there are a minimum of 15 amusement rides on
 1607  display or exhibition, and if any operation of such amusement
 1608  rides is limited to the registered attendees of the convention
 1609  or trade show.
 1610         4.5. Skating rinks, arcades, laser or paint ball war games,
 1611  bowling alleys, miniature golf courses, mechanical bulls,
 1612  inflatable rides, trampolines, ball crawls, exercise equipment,
 1613  jet skis, paddle boats, airboats, helicopters, airplanes,
 1614  parasails, hot air or helium balloons whether tethered or
 1615  untethered, theatres, batting cages, stationary spring-mounted
 1616  fixtures, rider-propelled merry-go-rounds, games, side shows,
 1617  live animal rides, or live animal shows.
 1618         5.6. Go-karts operated in competitive sporting events if
 1619  participation is not open to the public.
 1620         6.7. Nonmotorized playground equipment that is not required
 1621  to have a manager.
 1622         7.8. Coin-actuated amusement rides designed to be operated
 1623  by depositing coins, tokens, credit cards, debit cards, bills,
 1624  or other cash money and which are not required to have a
 1625  manager, and which have a capacity of six persons or less.
 1626         8.9. Facilities described in s. 549.09(1)(a) when such
 1627  facilities are operating cars, trucks, or motorcycles only.
 1628         9.10. Battery-powered cars or other vehicles that are
 1629  designed to be operated by children 7 years of age or under and
 1630  that cannot exceed a speed of 4 miles per hour.
 1631         10.11. Mechanically driven vehicles that pull train cars,
 1632  carts, wagons, or other similar vehicles, that are not confined
 1633  to a metal track or confined to an area but are steered by an
 1634  operator and cannot do not exceed a speed of 4 miles per hour.
 1635         11.12. A water-related amusement ride operated by a
 1636  business licensed under chapter 509 if the water-related
 1637  amusement ride is an incidental amenity and the operating
 1638  business is not primarily engaged in providing amusement,
 1639  pleasure, thrills, or excitement and does not offer day rates.
 1640         12.13. An amusement ride at a private, membership-only
 1641  facility if the amusement ride is an incidental amenity and the
 1642  facility is not open to the general public; is not primarily
 1643  engaged in providing amusement, pleasure, thrills, or
 1644  excitement; and does not offer day rates.
 1645         13.14. A nonprofit permanent facility registered under
 1646  chapter 496 which is not open to the general public.
 1647         (b) The department may, by rule, establish exemptions from
 1648  this section for nonmotorized or human-powered amusement rides
 1649  or coin-actuated amusement rides.
 1650         (12)(11) INSPECTION STANDARDS.—An amusement ride must
 1651  conform to and must be inspected by the department in accordance
 1652  with the following standards:
 1653         (a) All mechanical, structural, and electrical components
 1654  that affect patron safety must be in good working order.
 1655         (b) All control devices, speed-limiting devices, brakes,
 1656  and safety equipment designated by the manufacturer must be in
 1657  good working order.
 1658         (c) Parts must be properly aligned, and they may not be
 1659  bent, distorted, cut, or otherwise injured to force a fit. Parts
 1660  requiring lubrication must be lubricated in the course of
 1661  assembly. Fastening and locking devices must be installed when
 1662  where required for safe operation.
 1663         (d) Before being used by the public, An amusement ride must
 1664  be placed or secured with blocking, cribbing, outriggers, guys,
 1665  or other means so as to be stable under all operating
 1666  conditions.
 1667         (e) Areas in which patrons may be endangered by the
 1668  operation of an amusement ride must be fenced, barricaded, or
 1669  otherwise effectively guarded against inadvertent contact.
 1670         (f) Machinery used in or with an amusement ride must be
 1671  enclosed, barricaded, or otherwise effectively guarded against
 1672  inadvertent contact.
 1673         (g) An amusement ride powered so as to be capable of
 1674  exceeding its maximum safe operating speed must be provided with
 1675  a maximum-speed-limiting device.
 1676         (h) The interior and exterior parts of all patron-carrying
 1677  amusement rides with which a patron may come in contact must be
 1678  smooth and rounded and free from sharp, rough, or splintered
 1679  edges and corners, without with no projecting studs, bolts,
 1680  screws, or other projections which might cause injury.
 1681         (i) Signs that advise or warn patrons of age restrictions,
 1682  size restrictions, health restrictions, weight limitations, or
 1683  any other special consideration or use restrictions required or
 1684  recommended for the amusement ride by the manufacturer shall be
 1685  prominently displayed at the patron entrance of each amusement
 1686  ride.
 1687         (j) All amusement rides presented for inspection as ready
 1688  for operation or in operation must comply with this section and
 1689  the rules adopted hereunder.
 1690         (k)Signs containing the toll-free number of the department
 1691  and informing patrons that they may contact the department with
 1692  complaints or concerns regarding the operation of amusement
 1693  rides must be posted in a manner conspicuous to the public at
 1694  each entrance of a permanent amusement ride facility and
 1695  temporary amusement ride event, unless such facility or event is
 1696  exempt under subsection (11). Specifications for such signs
 1697  shall be prescribed by rule of the department.
 1698         (13)REGISTERED SAFETY TECHNICIAN.-
 1699         (a)In addition to the requirements of subsections (5) and
 1700  (6), an owner applying for a permit to operate an amusement ride
 1701  must employ a registered safety technician.
 1702         (b)An owner must employ one registered safety technician
 1703  for each amusement ride event.
 1704         (c)A registered safety technician must certify that
 1705  amusement rides meet the requirements of subsection (12) and are
 1706  ready for operation before inspection.
 1707         (d)A registered safety technician must be present during
 1708  inspection by the department and the hours of operation at each
 1709  amusement ride event.
 1710         (e)A registered safety technician must demonstrate
 1711  competency by:
 1712         1.Holding a valid National Association of Amusement Ride
 1713  Safety Officials (NAARSO) Level II or Level III certification,
 1714  or a valid Amusement Industry Manufacturers and Suppliers (AIMS)
 1715  International certification, or certification from another
 1716  professional organization that meets or exceeds the
 1717  certification requirements set forth in this subparagraph.
 1718         2.Passing a written examination administered by the
 1719  department or its agent with a grade of at least 70 percent. The
 1720  department shall by rule specify the general areas of competency
 1721  to be covered by each examination.
 1722         (f)Registration shall expire 2 years after the date of
 1723  issuance.
 1724         (g)The department shall establish by rule timeframes
 1725  during which an owner may operate an amusement ride event if the
 1726  registered safety technician employed by the owner leaves
 1727  employment.
 1728         (h)Application for registration shall be on a form
 1729  provided by the department. Application may be made by an
 1730  individual or by an owner, a partner, or any person employed by
 1731  the permit applicant. Upon successful completion of the
 1732  requirements in paragraph (e), the department shall issue a
 1733  registration.
 1734         (i)The department may deny, refuse to renew, suspend, or
 1735  revoke a registration for:
 1736         1.Violation of any provision of this chapter or any rule
 1737  or order of the department; or
 1738         2.Falsification of records.
 1739         (j)All examinations are confidential and exempt from s.
 1740  119.07(1).
 1741         (14)(12) MAJOR MODIFICATION.—After an amusement ride has
 1742  undergone a major modification, and before prior to the time it
 1743  is placed in operation, a professional engineer licensed by the
 1744  state in which the certification is performed must certify that
 1745  the amusement ride is in compliance with this section and all
 1746  rules adopted pursuant thereto. The owner of the amusement ride
 1747  must provide a copy of the required certification and all
 1748  evidence used by the professional engineer to prepare the
 1749  certification to the department upon request.
 1750         (15)(13) ENTRY FOR INSPECTION OR INVESTIGATION.—Upon
 1751  presentation of identification, an authorized employee of the
 1752  department may enter unannounced and inspect amusement rides at
 1753  any time and in a reasonable manner and has the right to
 1754  question any owner or manager; to inspect, investigate,
 1755  photograph, and sample all pertinent places, areas, and devices;
 1756  and to conduct or have conducted all appropriate tests including
 1757  nondestructive testing. The department may impose fees for
 1758  unannounced inspections and recover the cost of tests authorized
 1759  by this subsection.
 1760         (16)(14) REPORTING AND INVESTIGATION OF ACCIDENTS AND
 1761  DEFECTS; IMPOUNDMENTS.—
 1762         (a) Any accident of which the owner or manager has
 1763  knowledge or, through the exercise of reasonable diligence
 1764  should have knowledge, and for which a patron is transported to
 1765  a hospital, as defined in chapter 395, must be reported by the
 1766  owner or manager to the department by telephone within 4 hours
 1767  after the occurrence of the accident and must be followed up by
 1768  a written report to the department within 24 hours after the
 1769  occurrence of the accident.
 1770         (b) Any mechanical, structural, or electrical defects
 1771  affecting patron safety for which an amusement ride is closed to
 1772  patron use for more than 4 hours must be reported by the owner
 1773  or manager to the department by telephone or facsimile within 8
 1774  hours after the closing of the ride. A written report of the
 1775  closing of the ride, on a form prescribed by rule of the
 1776  department, must be filed by the owner or manager with the
 1777  department within 24 hours after the closing of the amusement
 1778  ride.
 1779         (c) The department may impound an amusement ride involved
 1780  in an accident for which a patron is transported to a hospital
 1781  as defined in chapter 395 or which has a mechanical, structural,
 1782  or electrical defect affecting patron safety, and may impound
 1783  any other amusement ride of a similar make and model, and may
 1784  perform all necessary tests to determine the cause of the
 1785  accident or the mechanical, structural, or electrical defect, or
 1786  to determine the safety of the amusement ride and any other
 1787  amusement ride of a similar make and model. The cost of
 1788  impounding the amusement ride and performing the necessary tests
 1789  must be borne by the owner of the amusement ride.
 1790         (17)(15) INSPECTION BY OWNER, OR MANAGER, OR REGISTERED
 1791  SAFETY TECHNICIAN.— Before opening on each day of operation and
 1792  before any inspection by the department, The owner, or manager,
 1793  or registered safety technician of an amusement ride must:
 1794         (a)Implement and document procedures for performing
 1795  documented and signed preopening inspections. The preopening
 1796  inspection shall include, but is not limited to, ASTM
 1797  International standards, as adopted by department rule.
 1798         (b)Before opening on each day of operation and before any
 1799  scheduled inspection by the department, inspect each and test
 1800  the amusement ride to ensure compliance with all requirements of
 1801  this section. Each inspection must be recorded on a form
 1802  prescribed by rule of the department and signed by the person
 1803  who conducted the inspection and be reviewed by a registered
 1804  safety technician if the registered safety technician did not
 1805  conduct the inspection. In lieu of the form prescribed by rule
 1806  of the department, the owner or manager may request approval of
 1807  an alternative form if the alternative form includes, at a
 1808  minimum, the information required on the form prescribed by rule
 1809  of the department. Inspection records of the last 14 daily
 1810  inspections must be kept on site by the owner or manager and
 1811  made immediately available to the department upon request.
 1812         (c)Implement and document procedures to be followed in the
 1813  event of any unscheduled cessation of operation of the ride. The
 1814  procedures shall require that when an unscheduled cessation of
 1815  operation of the ride that is potentially due to mechanical
 1816  failure occurs, the ride may not be operated again with patrons
 1817  on board until an inspection or test operation of the ride has
 1818  demonstrated that the ride is functioning properly.
 1819         (18)(16) TRAINING OF EMPLOYEES.—The owner or manager of an
 1820  amusement ride shall:
 1821         (a)Implement and document a program of training to be
 1822  provided to all employees performing operations or maintenance.
 1823  The training program shall conform to the specifications of ASTM
 1824  International standards as adopted by department rule, include a
 1825  manual containing the training subject matter, and specify the
 1826  length of initial and refresher training as well as the
 1827  frequency of refresher training.
 1828         (b) Maintain a record of employee training for each
 1829  employee authorized to operate, assemble, disassemble,
 1830  transport, or conduct maintenance on an amusement ride on a form
 1831  prescribed by rule of the department. In lieu of the form
 1832  prescribed by rule of the department, the owner or manager may
 1833  request approval of an alternative form if the alternative form
 1834  includes, at a minimum, the information required on the form
 1835  prescribed by rule of the department. The training record must
 1836  be kept on site by the owner or manager and made immediately
 1837  available to the department upon request. Training may not be
 1838  conducted when an amusement ride is open to the public unless
 1839  the training is conducted under the supervision of an employee
 1840  who is trained in the operation of that ride. The owner or
 1841  manager shall certify that each employee is trained, as required
 1842  by this section and any rules adopted thereunder, on the
 1843  amusement ride for which the employee is responsible.
 1844         (19)MAINTENANCE.-
 1845         (a)The owner of an amusement ride shall implement a
 1846  comprehensive program of maintenance, testing, and inspection
 1847  based on the amusement ride manufacturer’s recommendations which
 1848  provides for the duties and responsibilities necessary to care
 1849  for the ride. Maintenance procedures shall conform with
 1850  specifications in ASTM F770 and ASTM F2291 as adopted by
 1851  department rule.
 1852         (b)Maintenance must be conducted in the presence of or
 1853  approved by a registered safety technician.
 1854         (c)If documentation meeting the requirements of paragraph
 1855  (a) does not exist or is not available, maintenance procedures
 1856  shall conform to manufacturer-originated maintenance
 1857  instructions and shall include, but not be limited to, the
 1858  following:
 1859         1.A description of the ride operation, including the
 1860  function and operation of its major components.
 1861         2.A description of the motions the ride is designed to
 1862  undergo while in operation.
 1863         3.Lubrication procedures, including types of lubricants
 1864  and frequency of lubrication, and a lubrication drawing, chart,
 1865  or other effective means of demonstrating lubrication point
 1866  locations.
 1867         4.A description, including a schedule, of all maintenance,
 1868  testing, and inspections to be performed on the ride.
 1869         5.Maintenance procedures for electrical components, as
 1870  well as schematics of electrical power, lighting, and controls.
 1871         6.Maintenance procedures and schematics for hydraulic and
 1872  pneumatic systems on or used to control the ride, including
 1873  component locations; location charts; fluid, pressure, line, and
 1874  fitting specifications; and troubleshooting guidelines.
 1875         7.Specifications for the use of replacement fasteners and,
 1876  when applicable, torque requirements for fasteners.
 1877         8.A checklist to be made available to each person
 1878  performing the regularly scheduled maintenance on each ride.
 1879         9.Additional requirements as prescribed by rule of the
 1880  department.
 1881         (d)Upon request, the owner shall, at no cost to the
 1882  department, provide the department a copy of the manufacturer’s
 1883  current maintenance manual and documentation confirming a
 1884  comprehensive maintenance program is being followed.
 1885         (e)The owner shall keep a record of the assembly and
 1886  disassembly of, and all maintenance and repair performed on,
 1887  each amusement ride. When such work is performed by a party
 1888  other than the owner, the owner shall obtain a summary of work
 1889  performed from the party as a record. Such records shall be
 1890  retained and available for review by the department for at least
 1891  3 years or until the maintenance action is repeated or suspended
 1892  according to the manufacturer.
 1893         (20)(17) PROHIBITIONS RELATED TO BUNGY OPERATIONS.—The
 1894  following bungy operations are prohibited:
 1895         (a) A bungy operation conducted with balloons, blimps,
 1896  helicopters, or other aircraft.
 1897         (b) Sand bagging, which is the practice of holding onto any
 1898  object, including another person, while bungy jumping, for the
 1899  purpose of exerting more force on the bungy cord to stretch it
 1900  further, and then releasing the object during the jump causing
 1901  the jumper to rebound with more force than could be created by
 1902  the jumper’s weight alone.
 1903         (c) Tandem or multiple bungy jumping.
 1904         (d) Bungy jumping from any bridge, overpass, or any other
 1905  structure not specifically designed as an amusement ride.
 1906         (e) The practice of bungy catapulting or reverse bungy
 1907  jumping.
 1908         (21)(18) IMMEDIATE FINAL ORDERS.—
 1909         (a) An amusement ride that fails to meet the requirements
 1910  of this section or pass the inspections required by this
 1911  section, or an amusement ride that is involved in an accident
 1912  for which a patron is transported to a hospital as defined in
 1913  chapter 395, or an amusement ride that has a mechanical,
 1914  structural, or electrical defect that affects patron safety may
 1915  be considered an immediate serious danger to public health,
 1916  safety, and welfare and, upon issuance of an immediate final
 1917  order prohibiting patron use of the ride, may not be operated
 1918  for patron use until it has passed a subsequent inspection by or
 1919  at the direction of the department.
 1920         (b) An amusement ride of a similar make and model to an
 1921  amusement ride described in paragraph (a) may be considered an
 1922  immediate serious danger to the public health, safety, and
 1923  welfare and, upon issuance of an immediate final order
 1924  prohibiting patron use of the ride, may not be operated for
 1925  patron use until it has passed a subsequent inspection by or at
 1926  the direction of the department.
 1927         (22)WITNESSES AND EVIDENCE.-
 1928         (a)In any examination or investigation conducted by the
 1929  department or by an examiner appointed by the department, the
 1930  department may administer oaths, examine and cross-examine
 1931  witnesses, receive oral and documentary evidence, subpoena
 1932  witnesses, compel witness attendance and testimony, and require
 1933  by subpoena the production of documents or other evidence which
 1934  it deems relevant to the inquiry.
 1935         (b)If any person refuses to comply with such subpoena or
 1936  to testify as to any relevant matter, the Circuit Court of Leon
 1937  County, or the circuit court of the county in which such
 1938  examination or investigation is being conducted or the county in
 1939  which such person resides pursuant to an application filed with
 1940  the department, may issue an order requiring such person to
 1941  comply with the subpoena and to testify. Any failure to obey
 1942  such an order of the court may be punished by the court as a
 1943  contempt thereof.
 1944         (c)Subpoenas shall be served and proof of such service
 1945  made in the same manner as if issued by a circuit court. Witness
 1946  fees and mileage, if claimed, shall be allowed the same as for
 1947  testimony in a circuit court.
 1948         (d)Any person willfully testifying falsely under oath as
 1949  to any matter material to any such examination, investigation,
 1950  or hearing shall, upon conviction thereof, be guilty of perjury
 1951  and shall be punished accordingly.
 1952         (e)If any person asks to be excused from attending or
 1953  testifying or from producing any documents or other evidence in
 1954  connection with any examination, hearing, or investigation being
 1955  conducted on the ground that the testimony or evidence required
 1956  may tend to incriminate him or her or subject him or her to a
 1957  penalty or forfeiture and shall notwithstanding be directed to
 1958  give such testimony or produce such evidence, he or she shall,
 1959  if so directed by the department and the Department of Legal
 1960  Affairs, nonetheless comply with such direction. The person
 1961  shall not thereafter be prosecuted or subjected to any penalty
 1962  or forfeiture for or on account of any transaction, matter, or
 1963  thing concerning which he or she may have testified or produced
 1964  evidence, and no testimony given or evidence produced shall be
 1965  received against him or her in any criminal action,
 1966  investigation, or proceeding. However, a person so testifying
 1967  shall not be exempt from prosecution or punishment for any
 1968  perjury committed by him or her in such testimony, and the
 1969  testimony or evidence given or produced shall be admissible
 1970  against him or her in any criminal action, investigation, or
 1971  proceeding concerning such perjury; and the person shall not be
 1972  exempt from the refusal, suspension, or revocation of any
 1973  license, permission, or authority conferred or to be conferred
 1974  pursuant to this chapter.
 1975         (f)Any such individual may execute, acknowledge, and file
 1976  in the office of the department a statement expressly waiving
 1977  such immunity or privilege in respect to any transaction,
 1978  matter, or thing specified in such statement; and thereupon the
 1979  testimony of such individual or such evidence in relation to
 1980  such transaction, matter, or thing may be received or produced
 1981  before any judge or justice, court, tribunal, grand jury, or
 1982  otherwise; and, if so received or produced, such individual
 1983  shall not be entitled to any immunity or privileges on account
 1984  of any testimony he or she may so give or evidence so produced.
 1985         (g)Any person who refuses or fails without lawful cause to
 1986  testify relative to the affairs of any person, when subpoenaed
 1987  and requested by the department to so testify, is guilty of a
 1988  misdemeanor of the second degree, punishable as provided in s.
 1989  775.083.
 1990         (23)(19) ENFORCEMENT AND PENALTIES.—
 1991         (a) The department may deny, suspend for a period not to
 1992  exceed 1 year, or revoke any permit or inspection certificate.
 1993  In addition to denial, suspension, or revocation, the department
 1994  may impose an administrative fine in the Class III Class II
 1995  category pursuant to s. 570.971 not to exceed $10,000 $2,500 for
 1996  each violation, for each day the violation exists, against the
 1997  owner of the amusement ride if it finds that:
 1998         1. An amusement ride has operated or is operating:
 1999         a. With a mechanical, structural, or electrical defect that
 2000  affects patron safety, of which the owner, or manager, or
 2001  registered safety technician has knowledge, or, through the
 2002  exercise of reasonable diligence, should have knowledge;
 2003         b. In a manner or circumstance that presents a risk of
 2004  serious injury to patrons;
 2005         c. At a speed in excess of its maximum safe operating
 2006  speed;
 2007         d. In violation of this section or any rule adopted under
 2008  this section; or
 2009         e. In violation of an order of the department or order of
 2010  any court; or
 2011         2. An owner, a manager, or registered safety technician in
 2012  the course of his or her duties is under the influence of drugs
 2013  or alcohol; or
 2014         3.An amusement ride was presented for inspection as ready
 2015  for operation with a mechanical, structural, or electrical
 2016  defect that affects patron safety, of which the owner, manager,
 2017  or registered safety technician has knowledge or, through the
 2018  exercise of reasonable diligence, should have knowledge.
 2019         (b)In addition to the penalty provided in paragraph (a),
 2020  the department may impose an administrative fine in the Class IV
 2021  category pursuant to s. 570.971 of $10,000 or more if a
 2022  violation resulted in serious injury or death to a patron.
 2023         (c)(b) The department shall, in its order suspending a
 2024  permit or inspection certificate, specify the period during
 2025  which the suspension is effective; but such period may not
 2026  exceed 1 year. The permit or inspection certificate shall remain
 2027  suspended during the period so specified, subject, however, to
 2028  any rescission or modification of the order by the department,
 2029  or modification or reversal thereof by the court, before prior
 2030  to expiration of the suspension period.
 2031         (d)(c) The owner or manager of an amusement ride, if the
 2032  permit or inspection certificate for the amusement ride has been
 2033  revoked by the department, may not apply for another permit or
 2034  inspection certificate for the amusement ride within 2 years
 2035  after the date of such revocation. If judicial review is sought
 2036  and a stay of the revocation is obtained, the owner may not
 2037  apply for another permit or inspection certificate within 2
 2038  years after the final order of the court sustaining the
 2039  revocation.
 2040         (e)(d) During the period of suspension or revocation of a
 2041  permit or inspection certificate, the owner may not engage in or
 2042  attempt to engage in any operation of the amusement ride for
 2043  which a permit or inspection certificate is required under this
 2044  section.
 2045         (f)(e) When a suspension period imposed by the department
 2046  has expired, an owner whose annual permit or inspection
 2047  certificate has expired may reapply for a new permit or
 2048  inspection certificate by submitting a complete application to
 2049  the department.
 2050         (g)(f) In addition to the remedies provided in this
 2051  section, and notwithstanding the existence of any adequate
 2052  remedy at law, the department may bring an action to enjoin the
 2053  violation of any provision of this section, or rules adopted
 2054  under this section, in the circuit court of the county in which
 2055  the violation occurs or is about to occur. Upon competent and
 2056  substantial evidence presented by the department to the court of
 2057  the violation or threatened violation, the court must
 2058  immediately issue the temporary or permanent injunction sought
 2059  by the department. The injunction must be issued without bond.
 2060         (h)(g) In addition to the penalties authorized to be
 2061  imposed for any violation of this section or any rule adopted
 2062  under this section, the department may issue a letter of warning
 2063  to the owner of the amusement ride specifying the violation and
 2064  directing the owner to immediately correct the violation.
 2065         (i)(h) Any person who knowingly violates any provision of
 2066  this section commits a misdemeanor of the second degree,
 2067  punishable as provided in s. 775.082 or s. 775.083.
 2068         Section 21. This act shall take effect July 1, 2019.
 2069