The Florida Senate

427.8041  Assistive technology device dealers registration; application; penalties; adoption of fees and fines; purchase fees.--

(1)  Each assistive technology device dealer must register with the department prior to doing business in this state. The application for registration must be on a form adopted by the department and must include at least the following information:

(a)  The name of the applicant.

(b)  The name under which the applicant is doing business.

(c)  The business address at which the applicant sells assistive technology devices or, in the case of a mobile assistive technology device business, the home address of the owner, if different from the business address.

(d)  Copies of all licenses, permits, and certifications obtained by the applicant or employees of the applicant.

(2)  Any assistive technology device dealer maintaining more than one place of business must register each separate location. In such case, fees shall be paid for each place of business.

(3)  Each initial application and renewal application for registration must be accompanied by a registration fee of $300.

(4)  The department shall issue to each applicant a registration certificate. In the case of an applicant with more than one place of business, the department shall issue a registration certificate for each place of business. The certificate must show at least the name and address of the assistive technology device dealer and the registration number for that place of business. In the case of a mobile assistive technology device dealer, the certificate must show the home address of the owner, if different from the business address. The registration certificate must be posted in a conspicuous manner in the assistive technology device dealer's place of business.

(5)  Any person applying for or renewing a local occupational license on or after July 1, 1999, to engage in selling assistive technology devices must exhibit an active registration certificate from the department before the local occupational license may be issued or renewed.

(6)  Each registration must be renewed annually on or before the expiration date of the current registration. A late fee of $25 shall be paid, in addition to the registration fee or any other penalty, for any registration renewal application that is received by the department after the expiration date of the current registration. The department may not issue the registration until all fees are paid.

(7)  The department may deny or refuse to renew the registration of the assistive technology device dealer based upon a determination that the dealer, or any of its directors, officers, owners, or general partners:

(a)  Have failed to meet the requirements for registration as provided in this part;

(b)  Have not satisfied a civil fine, administrative fine, or other penalty arising out of any administrative or enforcement action brought by any governmental agency based upon conduct involving fraud, dishonest dealing, or any violation of this part;

(c)  Have had against them any civil, criminal, or administrative adjudication in any jurisdiction, based upon conduct involving fraud, dishonest dealing, or any violation of this part; or

(d)  Have had a judgment entered against them in any action brought by the department or the state attorney.

(8)  All assistive technology device dealers shall allow department personnel to enter their places of business to ascertain whether the registration certificate is current. If department personnel are refused entry or access to the premises, the department may seek injunctive relief in circuit court in order to obtain compliance with this subsection.

(9)  The department may enter an order imposing one or more of the penalties set forth in subsection (13) if the department finds that an assistive technology device dealer:

(a)  Violated or is operating in violation of any of the provisions of this part or of the rules adopted or orders issued thereunder;

(b)  Made a material false statement in any application, document, or record required to be submitted or retained under this part;

(c)  Refused or failed, or any of its principal officers have refused or failed, after notice, to produce any document or record or disclose any information required to be produced or disclosed under this part or the rules of the department;

(d)  Made a material false statement in response to any request or investigation by the department, the Department of Legal Affairs, or the state attorney; or

(e)  Has intentionally defrauded the public through dishonest or deceptive means.

(10)  Upon a finding as set forth in subsection (12), the department may enter an order doing one or more of the following:

(a)  Issuing a notice of noncompliance pursuant to s. 120.695.

(b)  Imposing an administrative fine not to exceed $5,000 per violation for each act which constitutes a violation of this part or a rule or order.

(c)  Directing that the assistive technology device dealer cease and desist specified activities.

(d)  Refusing to register or revoking or suspending a registration.

(e)  Placing the registrant on probation for a period of time, subject to such conditions as the department may specify.

(11)  The administrative proceedings which could result in the entry of an order imposing any of the penalties specified in subsection (10) shall be conducted in accordance with chapter 120.

(12)  The department or the state attorney, if a violation of this part occurs in his or her judicial circuit, shall be the enforcing authority for purposes of this part and may bring a civil action in circuit court for temporary or permanent injunctive relief and may seek other appropriate civil relief, including a civil penalty not to exceed $5,000 for each violation, restitution and damages for injured customers, court costs, and reasonable attorney's fees.

(13)  The enforcing authority may terminate any investigation or action upon agreement by the offender to pay a stipulated civil penalty, to make restitution or pay damages to customers, or to satisfy any other relief authorized herein and requested by the department.

(14)  The remedies provided for in this section shall be in addition to any other remedy provided by law.

(15)  Fees and fines collected under this part by the Department of Agriculture and Consumer Services shall be deposited in the General Inspection Trust Fund.

(16)  A $2 fee shall be collected by the assistive technology device dealer or assistive technology device lessor from the consumer at the consummation of the sale or lease of an assistive technology device. Such fees must be remitted monthly to the Department of Revenue. All fees, less the cost of administration, must be transferred monthly to the Department of Agriculture and Consumer Services for deposit into the General Inspection Trust Fund to carry out the provisions of this section. The Department of Agriculture and Consumer Services may use an amount it determines necessary to purchase expert consultation services to assist in carrying out the provisions of this act.

(17)  In fiscal year 1999-2000, the Department of Agriculture and Consumer Services may use 5 percent of the fees collected and remitted in that fiscal year by the assistive technology device dealers or lessors under subsection (16) and, during each fiscal year thereafter, may use between 5 percent and 10 percent of such fees collected in that fiscal year, towards the development of an Assistive Technology Device Warranty Act Education Program or to purchase expert consultation services from an entity having the mission of promoting access to, awareness of, and advocacy for assistive technology devices and services to:

(a)  Assist investigators to effectively carry out s. 427.806.

(b)  Conduct sensitivity training for the department's staff as it relates to assistive technology to ensure effective recording of complaints relating to assistive technology.

(c)  Assist in the design and strategy of a consumer education program to educate consumers of assistive technology devices and assistive technology device dealers on this act as amended.

(18)  In addition to pursuing any other remedy, a consumer may bring an action to recover damages for any injury caused by a violation of this part. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements, and reasonable attorney's fees, and any equitable relief that the court determines is appropriate.

(19)  An assistive technology device dealer that is required to be registered under this act must keep and maintain records relating to each sale or lease of assistive technology devices for a period of 2 years.

(20)  The department may, at any time during business hours, enter any business location of an assistive technology device dealer that is required to be registered under this act and examine the books and records of the assistive technology device dealer.

(21)  The department may adopt rules in accordance with chapter 120 to implement this part.

History.--s. 20, ch. 99-307.