Florida Senate - 2011                      CS for CS for SB 1916
       
       
       
       By the Committees on Budget Subcommittee on General Government
       Appropriations; and Commerce and Tourism; and Senator Detert
       
       
       
       601-04503-11                                          20111916c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending ss. 14.26, 20.14, 213.053,
    4         320.275, and 366.85, F.S.; renaming the Division of
    5         Consumer Services within the department as the
    6         “Division of Consumer Protection”; amending s. 320.90,
    7         F.S.; deleting a reference to the Department of
    8         Agriculture and Consumer Services; amending s.
    9         493.6105, F.S.; revising the information that a person
   10         must supply in an application for licensure as a
   11         private investigator, private security service, or
   12         repossession service; deleting a requirement that
   13         certain applicants supply photographs along with an
   14         application; revising the certificates that a person
   15         applying for a class “K” firearms instructor’s license
   16         must supply along with an application for the license;
   17         making technical and grammatical changes; amending s.
   18         493.6106, F.S.; providing that applicants for certain
   19         licenses as a private investigator, private security
   20         service or repossession service must meet certain
   21         citizenship or immigration requirements and not be
   22         prohibited by law from purchasing a firearm; making
   23         grammatical and technical changes; amending s.
   24         493.6107, F.S.; authorizing a Class “M,” Class “G,”
   25         and Class “K” licensee or applicant to pay examination
   26         fees and license fees by personal check or, if
   27         authorized by the department, by electronic funds
   28         transfer; amending s. 493.6108, F.S.; requiring the
   29         department to investigate the mental fitness of an
   30         applicant of a Class “K” firearms instructor license;
   31         amending s. 493.6111, F.S.; providing that Class “K”
   32         firearms instructor licenses are valid for 3 years;
   33         requiring an applicant for a recovery school or
   34         security officer school to receive approval from the
   35         department before operating under a fictitious name;
   36         making technical and grammatical changes; amending s.
   37         493.6113, F.S.; deleting a requirement that Class “A”
   38         private investigative agency licensees and Class “R”
   39         recovery agency licensees provide evidence of certain
   40         insurance coverage with an application to renew a
   41         license; requiring a Class “K” firearms instructor
   42         licensee to submit proof of certification to provide
   43         firearms instruction; amending s. 493.6115, F.S.;
   44         conforming cross-references to changes made by the
   45         act; making technical and grammatical changes;
   46         amending s. 493.6118, F.S.; authorizing the department
   47         to take disciplinary action against a Class “G”
   48         statewide firearms licensee or applicant or a Class
   49         “K” firearms instructor licensee or applicant if the
   50         person is prohibited from purchasing a firearm by law;
   51         amending s. 493.6121, F.S.; deleting a provision
   52         authorizing the department to have access to certain
   53         criminal history information of a purchaser of a
   54         firearm; amending s. 493.6202, F.S.; authorizing a
   55         Class “A,” Class “AA,” Class “MA,” Class “C,” or Class
   56         “CC” licensee or applicant to pay examination fees and
   57         license fees by personal check or, if authorized by
   58         the department, by electronic funds transfer; amending
   59         s. 493.6203, F.S.; providing that experience as a
   60         bodyguard does not qualify as experience or training
   61         for purposes of a Class “MA” or Class “C” license;
   62         requiring an initial applicant for a Class “CC”
   63         license to complete specified training courses; making
   64         technical and grammatical changes and conforming a
   65         cross-reference; amending s. 493.6302, F.S.;
   66         authorizing a Class “B,” Class “BB,” Class “MB,” Class
   67         “D,” Class “DS,” or Class “DI” licensee or applicant
   68         to pay examination fees and license fees by personal
   69         check or, if authorized by the department, by
   70         electronic funds transfer; amending s. 493.6303, F.S.;
   71         requiring an applicant for an initial Class “D”
   72         license to complete specified training courses; making
   73         technical and grammatical changes; amending s.
   74         493.6304, F.S.; requiring an application for a
   75         security officer school or training facility to be
   76         verified under oath; amending ss. 493.6401 and
   77         493.6402, F.S.; renaming reposessors as “recovery
   78         agents”; authorizing a Class “R,” Class “RR,” Class
   79         “MR,” Class “E,” Class “EE,” Class “RS,” or Class “RI”
   80         licensee or applicant to pay examination fees and
   81         license fees by personal check or, if authorized by
   82         the department, by electronic funds transfer; amending
   83         s. 493.6406, F.S.; requiring recovery agent schools or
   84         instructors to be licensed by the department to offer
   85         training to Class “E” licensees and applicants;
   86         amending ss. 496.404, 496.411, and 496.412, F.S.;
   87         renaming the Division of Consumer Services as the
   88         “Division of Consumer Protection”; amending s.
   89         496.419, F.S.; clarifying the powers of the department
   90         to enter an order; amending s. 501.015, F.S.;
   91         correcting a reference to a local business tax
   92         receipt; amending s. 501.017, F.S.; specifying the
   93         minimum type size for requiring certain disclosures in
   94         contracts between a consumer and a health studio;
   95         amending s. 501.145, F.S.; deleting a reference to the
   96         department as an enforcing authority in the Bedding
   97         Label Act; amending s. 501.160, F.S.; deleting
   98         authorization for the department to enforce certain
   99         prohibitions against unconscionable practices during a
  100         declared state of emergency; authorizing regional
  101         comparison with respect to market trends; amending s.
  102         501.605, F.S.; deleting a requirement that a person
  103         supply his or her social security number on an
  104         application as a commercial telephone seller and
  105         adding a requirement for another valid form of
  106         identification; amending s. 501.607, F.S.; deleting a
  107         requirement that a person supply his or her social
  108         security number on an application as a salesperson;
  109         amending s. 525.01, F.S.; revising requirements for
  110         petroleum fuel affidavits; amending s. 526.06, F.S.;
  111         revising prohibited acts related to certain mixing,
  112         blending, compounding, or adulterating of liquid
  113         fuels; deleting certain provisions authorizing the
  114         sale of ethanol­blended fuels for use in motor
  115         vehicles; amending s. 539.001, F.S.; correcting a
  116         reference to a local business tax receipt; amending s.
  117         559.805, F.S.; deleting a requirement that a seller of
  118         a business opportunity provide the social security
  119         numbers of the seller’s agents to the department;
  120         amending s. 559.904, F.S.; correcting a reference to a
  121         local business tax receipt; amending s. 559.928, F.S.;
  122         correcting a reference to a local business tax
  123         receipt; amending s. 559.935, F.S.; correcting a
  124         reference to local business tax receipts; amending s.
  125         570.29, F.S.; renaming the Division of Consumer
  126         Services as the “Division of Consumer Protection”;
  127         amending s. 570.544, F.S.; renaming the Division of
  128         Consumer Services as the “Division of Consumer
  129         Protection”; amending s. 681.102, F.S.; deleting a
  130         reference to the division in the Motor Vehicle
  131         Warranty Enforcement Act; amending ss. 681.103,
  132         681.108, and 681.109, F.S.; transferring certain
  133         responsibilities under the Lemon Law to the department
  134         from the Division of Consumer Services; amending s.
  135         681.1095, F.S.; transferring certain responsibilities
  136         relating to the New Motor Vehicle Arbitration Board to
  137         the department from the Division of Consumer Services;
  138         authorizing the board to send its decisions by any
  139         method providing a delivery confirmation; authorizing
  140         the department to adopt rules; amending s. 681.1096,
  141         F.S.; conforming a cross-reference; amending s.
  142         681.112, F.S.; transferring certain responsibilities
  143         relating to the Lemon Law to the department from the
  144         Division of Consumer Services; amending s. 681.117,
  145         F.S.; deleting a provision requiring the Department of
  146         Legal Affairs to contract with the Division of
  147         Consumer Services for services relating to dispute
  148         settlement procedures and the New Motor Vehicle
  149         Arbitration Board; amending s. 849.0915, F.S.;
  150         renaming the Division of Consumer Services as the
  151         “Division of Consumer Protection”; providing an
  152         effective date.
  153  
  154  Be It Enacted by the Legislature of the State of Florida:
  155  
  156         Section 1. Subsection (4) of section 14.26, Florida
  157  Statutes, is amended to read:
  158         14.26 Citizen’s Assistance Office.—
  159         (4) The Citizen’s Assistance Office shall refer consumer
  160  oriented complaints to the Division of Consumer Protection
  161  Services of the Department of Agriculture and Consumer Services.
  162         Section 2. Paragraph (e) of subsection (2) of section
  163  20.14, Florida Statutes, is amended to read:
  164         20.14 Department of Agriculture and Consumer Services.
  165  There is created a Department of Agriculture and Consumer
  166  Services.
  167         (2) The following divisions of the Department of
  168  Agriculture and Consumer Services are established:
  169         (e) Consumer Protection Services.
  170         Section 3. Paragraph (q) of subsection (8) of section
  171  213.053, Florida Statutes, as amended by chapter 2010-280, Laws
  172  of Florida, is amended to read:
  173         213.053 Confidentiality and information sharing.—
  174         (8) Notwithstanding any other provision of this section,
  175  the department may provide:
  176         (q) Names, addresses, and sales tax registration
  177  information to the Division of Consumer Protection Services of
  178  the Department of Agriculture and Consumer Services in the
  179  conduct of its official duties.
  180  
  181  Disclosure of information under this subsection shall be
  182  pursuant to a written agreement between the executive director
  183  and the agency. Such agencies, governmental or nongovernmental,
  184  shall be bound by the same requirements of confidentiality as
  185  the Department of Revenue. Breach of confidentiality is a
  186  misdemeanor of the first degree, punishable as provided by s.
  187  775.082 or s. 775.083.
  188         Section 4. Paragraphs (a) and (b) of subsection (2) of
  189  section 320.275, Florida Statutes, are amended to read:
  190         320.275 Automobile Dealers Industry Advisory Board.—
  191         (2) MEMBERSHIP, TERMS, MEETINGS.—
  192         (a) The board shall be composed of 12 members. The
  193  executive director of the Department of Highway Safety and Motor
  194  Vehicles shall appoint the members from names submitted by the
  195  entities for the designated categories the member will
  196  represent. The executive director shall appoint one
  197  representative of the Department of Highway Safety and Motor
  198  Vehicles, who must represent the Division of Motor Vehicles; two
  199  representatives of the independent motor vehicle industry as
  200  recommended by the Florida Independent Automobile Dealers
  201  Association; two representatives of the franchise motor vehicle
  202  industry as recommended by the Florida Automobile Dealers
  203  Association; one representative of the auction motor vehicle
  204  industry who is from an auction chain and is recommended by a
  205  group affiliated with the National Auto Auction Association; one
  206  representative of the auction motor vehicle industry who is from
  207  an independent auction and is recommended by a group affiliated
  208  with the National Auto Auction Association; one representative
  209  from the Department of Revenue; a Florida tax collector
  210  representative recommended by the Florida Tax Collectors
  211  Association; one representative from the Better Business Bureau;
  212  one representative from the Department of Agriculture and
  213  Consumer Services, who must represent the Division of Consumer
  214  Protection Services; and one representative of the insurance
  215  industry who writes motor vehicle dealer surety bonds.
  216         (b)1. The executive director shall appoint the following
  217  initial members to 1-year terms: one representative from the
  218  motor vehicle auction industry who represents an auction chain,
  219  one representative from the independent motor vehicle industry,
  220  one representative from the franchise motor vehicle industry,
  221  one representative from the Department of Revenue, one Florida
  222  tax collector, and one representative from the Better Business
  223  Bureau.
  224         2. The executive director shall appoint the following
  225  initial members to 2-year terms: one representative from the
  226  motor vehicle auction industry who represents an independent
  227  auction, one representative from the independent motor vehicle
  228  industry, one representative from the franchise motor vehicle
  229  industry, one representative from the Division of Consumer
  230  Protection Services, one representative from the insurance
  231  industry, and one representative from the Division of Motor
  232  Vehicles.
  233         3. As the initial terms expire, the executive director
  234  shall appoint successors from the same designated category for
  235  terms of 2 years. If renominated, a member may succeed himself
  236  or herself.
  237         4. The board shall appoint a chair and vice chair at its
  238  initial meeting and every 2 years thereafter.
  239         Section 5. Section 320.90, Florida Statutes, is amended to
  240  read:
  241         320.90 Notification of consumer’s rights.—The department
  242  shall develop a motor vehicle consumer’s rights pamphlet which
  243  shall be distributed free of charge by the Department of
  244  Agriculture and Consumer Services to the motor vehicle owner
  245  upon request. Such pamphlet must contain information relating to
  246  odometer fraud and provide a summary of the rights and remedies
  247  available to all purchasers of motor vehicles.
  248         Section 6. Section 366.85, Florida Statutes, is amended to
  249  read:
  250         366.85 Responsibilities of Division of Consumer Protection
  251  Services.—The Division of Consumer Protection Services of the
  252  Department of Agriculture and Consumer Services is shall be the
  253  agency responsible for consumer conciliatory conferences, if
  254  such conferences are required pursuant to federal law. The
  255  division shall also be the agency responsible for preparing
  256  lists of sources for energy conservation products or services
  257  and of financial institutions offering energy conservation
  258  loans, if such lists are required pursuant to federal law.
  259  Notwithstanding any provision of federal law to the contrary,
  260  the division shall not require any manufacturer’s warranty
  261  exceeding 1 year in order for a source of conservation products
  262  or services to be included on the appropriate list. The lists
  263  shall be prepared for the service area of each utility and shall
  264  be furnished to each utility for distribution to its customers.
  265  The division shall update the lists on a systematic basis and
  266  shall remove from any list any person who has been disciplined
  267  by any state agency or who has otherwise exhibited a pattern of
  268  unsatisfactory work and any person who requests removal from
  269  such lists. The division may is authorized to adopt rules to
  270  implement the provisions of this section.
  271         Section 7. Section 493.6105, Florida Statutes, is amended
  272  to read:
  273         493.6105 Initial application for license.—
  274         (1) Each individual, partner, or principal officer in a
  275  corporation, shall file with the department a complete
  276  application accompanied by an application fee not to exceed $60,
  277  except that the applicant for a Class “D” or Class “G” license
  278  is shall not be required to submit an application fee. The
  279  application fee is shall not be refundable.
  280         (a) The application submitted by any individual, partner,
  281  or corporate officer must shall be approved by the department
  282  before the prior to that individual, partner, or corporate
  283  officer assumes assuming his or her duties.
  284         (b) Individuals who invest in the ownership of a licensed
  285  agency, but do not participate in, direct, or control the
  286  operations of the agency are shall not be required to file an
  287  application.
  288         (2) Each application must shall be signed and verified by
  289  the individual under oath as provided in s. 92.525 and shall be
  290  notarized.
  291         (3) The application must shall contain the following
  292  information concerning the individual signing the application
  293  same:
  294         (a) Name and any aliases.
  295         (b) Age and date of birth.
  296         (c) Place of birth.
  297         (d) Social security number or alien registration number,
  298  whichever is applicable.
  299         (e) Current Present residence address and mailing address
  300  his or her residence addresses within the 5 years immediately
  301  preceding the submission of the application.
  302         (f) Occupations held presently and within the 5 years
  303  immediately preceding the submission of the application.
  304         (f)(g) A statement of all criminal convictions, findings of
  305  guilt, and pleas of guilty or nolo contendere, regardless of
  306  adjudication of guilt. An applicant for a Class “G” or Class “K”
  307  license who is younger than 24 years of age shall also include a
  308  statement regarding any finding of having committed a delinquent
  309  act in any state, territory, or country which would be a felony
  310  if committed by an adult and which is punishable by imprisonment
  311  for a term exceeding 1 year.
  312         (g) One passport-type color photograph taken within the 6
  313  months immediately preceding submission of the application.
  314         (h) A statement whether he or she has ever been adjudicated
  315  incompetent under chapter 744.
  316         (i) A statement whether he or she has ever been committed
  317  to a mental institution under chapter 394.
  318         (j) A full set of fingerprints on a card provided by the
  319  department and a fingerprint fee to be established by rule of
  320  the department based upon costs determined by state and federal
  321  agency charges and department processing costs. An applicant who
  322  has, within the immediately preceding 6 months, submitted a
  323  fingerprint card and fee for licensing purposes under this
  324  chapter is shall not be required to submit another fingerprint
  325  card or fee.
  326         (k) A personal inquiry waiver that which allows the
  327  department to conduct necessary investigations to satisfy the
  328  requirements of this chapter.
  329         (l) Such further facts as may be required by the department
  330  to show that the individual signing the application is of good
  331  moral character and qualified by experience and training to
  332  satisfy the requirements of this chapter.
  333         (4) In addition to the application requirements outlined in
  334  subsection (3), the applicant for a Class “C,” Class “CC,” Class
  335  “E,” Class “EE,” or Class “G” license shall submit two color
  336  photographs taken within the 6 months immediately preceding the
  337  submission of the application, which meet specifications
  338  prescribed by rule of the department. All other applicants shall
  339  submit one photograph taken within the 6 months immediately
  340  preceding the submission of the application.
  341         (4)(5) In addition to the application requirements outlined
  342  under subsection (3), the applicant for a Class “C,” Class “E,”
  343  Class “M,” Class “MA,” Class “MB,” or Class “MR” license must
  344  shall include a statement on a form provided by the department
  345  of the experience that which he or she believes will qualify him
  346  or her for such license.
  347         (5)(6) In addition to the requirements outlined in
  348  subsection (3), an applicant for a Class “G” license must shall
  349  satisfy minimum training criteria for firearms established by
  350  rule of the department, which training criteria includes shall
  351  include, but is not limited to, 28 hours of range and classroom
  352  training taught and administered by a Class “K” licensee;
  353  however, no more than 8 hours of such training shall consist of
  354  range training. If the applicant submits can show proof that he
  355  or she is an active law enforcement officer currently certified
  356  under the Criminal Justice Standards and Training Commission or
  357  has completed the training required for that certification
  358  within the last 12 months, or if the applicant submits one of
  359  the certificates specified in paragraph (6)(a) (7)(a), the
  360  department may waive the foregoing firearms training
  361  requirement.
  362         (6)(7) In addition to the requirements under subsection
  363  (3), an applicant for a Class “K” license must shall:
  364         (a) Submit one of the following certificates:
  365         1. The Florida Criminal Justice Standards and Training
  366  Commission Instructor Firearms Instructor’s Certificate and
  367  written confirmation by the commission that the applicant
  368  possesses an active firearms certification.
  369         2. The National Rifle Association Police Firearms
  370  Instructor’s Certificate.
  371         2.3. The National Rifle Association Private Security
  372  Firearm Instructor Firearms Instructor’s Certificate.
  373         3.4. A firearms instructor instructor’s certificate issued
  374  by from a federal law enforcement agency, state, county, or
  375  municipal police academy in this state recognized as such by the
  376  Criminal Justice Standards and Training Commission or by the
  377  Department of Education.
  378         (b) Pay the fee for and pass an examination administered by
  379  the department which shall be based upon, but is not necessarily
  380  limited to, a firearms instruction manual provided by the
  381  department.
  382         (7)(8) In addition to the application requirements for
  383  individuals, partners, or officers outlined under subsection
  384  (3), the application for an agency license must shall contain
  385  the following information:
  386         (a) The proposed name under which the agency intends to
  387  operate.
  388         (b) The street address, mailing address, and telephone
  389  numbers of the principal location at which business is to be
  390  conducted in this state.
  391         (c) The street address, mailing address, and telephone
  392  numbers of all branch offices within this state.
  393         (d) The names and titles of all partners or, in the case of
  394  a corporation, the names and titles of its principal officers.
  395         (8)(9) Upon submission of a complete application, a Class
  396  “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
  397  Class “MA,” Class “MB,” or Class “MR” applicant may commence
  398  employment or appropriate duties for a licensed agency or branch
  399  office. However, the Class “C” or Class “E” applicant must work
  400  under the direction and control of a sponsoring licensee while
  401  his or her application is being processed. If the department
  402  denies application for licensure, the employment of the
  403  applicant must be terminated immediately, unless he or she
  404  performs only unregulated duties.
  405         Section 8. Paragraph (f) of subsection (1) and paragraph
  406  (a) of subsection (2) of section 493.6106, Florida Statutes, are
  407  amended, and paragraph (g) is added to subsection (1) of that
  408  section, to read:
  409         493.6106 License requirements; posting.—
  410         (1) Each individual licensed by the department must:
  411         (f) Be a citizen or permanent legal resident alien of the
  412  United States or have appropriate been granted authorization
  413  issued to seek employment in this country by the United States
  414  Bureau of Citizenship and Immigration Services of the United
  415  States Department of Homeland Security.
  416         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  417  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  418  “MB,” Class “MR,” or Class “RI” license who is not a United
  419  States citizen must submit proof of current employment
  420  authorization issued by the United States Citizenship and
  421  Immigration Services or proof that she or he is deemed a
  422  permanent legal resident alien by the United States Citizenship
  423  and Immigration Services.
  424         2. An applicant for a Class “G” or Class “K” license who is
  425  not a United States citizen must submit proof that she or he is
  426  deemed a permanent legal resident alien by the United States
  427  Citizenship and Immigration Services, together with additional
  428  documentation establishing that she or he has resided in the
  429  state of residence shown on the application for at least 90
  430  consecutive days before the date that the application is
  431  submitted.
  432         3. An applicant for an agency or school license who is not
  433  a United States citizen or permanent legal resident alien must
  434  submit documentation issued by the United States Citizenship and
  435  Immigration Services stating that she or he is lawfully in the
  436  United States and is authorized to own and operate the type of
  437  agency or school for which she or he is applying. An employment
  438  authorization card issued by the United States Citizenship and
  439  Immigration Services is not sufficient documentation.
  440         (g) Not be prohibited from purchasing or possessing a
  441  firearm by state or federal law if the individual is applying
  442  for a Class “G” license or a Class “K” license.
  443         (2) Each agency shall have a minimum of one physical
  444  location within this state from which the normal business of the
  445  agency is conducted, and this location shall be considered the
  446  primary office for that agency in this state.
  447         (a) If an agency or branch office desires to change the
  448  physical location of the business, as it appears on the agency
  449  license, the department must be notified within 10 days of the
  450  change, and, except upon renewal, the fee prescribed in s.
  451  493.6107 must be submitted for each license requiring revision.
  452  Each license requiring revision must be returned with such
  453  notification.
  454         Section 9. Subsection (3) of section 493.6107, Florida
  455  Statutes, is amended to read:
  456         493.6107 Fees.—
  457         (3) The fees set forth in this section must be paid by
  458  certified check or money order or, at the discretion of the
  459  department, by electronic funds transfer agency check at the
  460  time the application is approved, except that the applicant for
  461  a Class “G” or Class “M” license must pay the license fee at the
  462  time the application is made. If a license is revoked or denied
  463  or if the application is withdrawn, the license fee is
  464  nonrefundable shall not be refunded.
  465         Section 10. Subsections (1) and (3) of section 493.6108,
  466  Florida Statutes, are amended to read:
  467         493.6108 Investigation of applicants by Department of
  468  Agriculture and Consumer Services.—
  469         (1) Except as otherwise provided, prior to the issuance of
  470  a license under this chapter, the department must investigate an
  471  shall make an investigation of the applicant for a license under
  472  this chapter before it may issue the license. The investigation
  473  must shall include:
  474         (a)1. An examination of fingerprint records and police
  475  records. If When a criminal history record check analysis of any
  476  applicant under this chapter is performed by means of
  477  fingerprint card identification, the time limitations prescribed
  478  by s. 120.60(1) shall be tolled during the time the applicant’s
  479  fingerprint card is under review by the Department of Law
  480  Enforcement or the United States Department of Justice, Federal
  481  Bureau of Investigation.
  482         2. If a legible set of fingerprints, as determined by the
  483  Department of Law Enforcement or the Federal Bureau of
  484  Investigation, cannot be obtained after two attempts, the
  485  Department of Agriculture and Consumer Services may determine
  486  the applicant’s eligibility based upon a criminal history record
  487  check under the applicant’s name conducted by the Department of
  488  Law Enforcement if the and the Federal Bureau of Investigation.
  489  A set of fingerprints are taken by a law enforcement agency or
  490  the department and the applicant submits a written statement
  491  signed by the fingerprint technician or a licensed physician
  492  stating that there is a physical condition that precludes
  493  obtaining a legible set of fingerprints or that the fingerprints
  494  taken are the best that can be obtained is sufficient to meet
  495  this requirement.
  496         (b) An inquiry to determine if the applicant has been
  497  adjudicated incompetent under chapter 744 or has been committed
  498  to a mental institution under chapter 394.
  499         (c) Such other investigation of the individual as the
  500  department may deem necessary.
  501         (3) The department must shall also investigate the mental
  502  history and current mental and emotional fitness of any Class
  503  “G” or Class “K” applicant, and may deny a Class “G” or Class
  504  “K” license to anyone who has a history of mental illness or
  505  drug or alcohol abuse.
  506         Section 11. Subsections (2) and (4) of section 493.6111,
  507  Florida Statutes, are amended to read:
  508         493.6111 License; contents; identification card.—
  509         (2) Licenses shall be valid for a period of 2 years, except
  510  for Class “K” firearms instructor licenses and Class “A,” Class
  511  “B,” Class “AB,” Class “R,” and branch agency licenses, which
  512  shall be valid for a period of 3 years.
  513         (4) Notwithstanding the existence of a valid Florida
  514  corporate registration, an no agency or school licensee may not
  515  conduct activities regulated under this chapter under any
  516  fictitious name without prior written authorization from the
  517  department to use that name in the conduct of activities
  518  regulated under this chapter. The department may not authorize
  519  the use of a name that which is so similar to that of a public
  520  officer or agency, or of that used by another licensee, that the
  521  public may be confused or misled thereby. The authorization for
  522  the use of a fictitious name must shall require, as a condition
  523  precedent to the use of such name, the filing of a certificate
  524  of engaging in business under a fictitious name under s. 865.09.
  525  A No licensee may not shall be permitted to conduct business
  526  under more than one name except as separately licensed nor shall
  527  the license be valid to protect any licensee who is engaged in
  528  the business under any name other than that specified in the
  529  license. An agency desiring to change its licensed name must
  530  shall notify the department and, except upon renewal, pay a fee
  531  not to exceed $30 for each license requiring revision including
  532  those of all licensed employees except Class “D” or Class “G”
  533  licensees. Upon the return of such licenses to the department,
  534  revised licenses shall be provided.
  535         Section 12. Subsections (2) and (3) of section 493.6113,
  536  Florida Statutes, are amended to read:
  537         493.6113 Renewal application for licensure.—
  538         (2) At least No less than 90 days before prior to the
  539  expiration date of the license, the department shall mail a
  540  written notice to the last known mailing residence address of
  541  the licensee for individual licensees and to the last known
  542  agency address for agencies.
  543         (3) Each licensee is shall be responsible for renewing his
  544  or her license on or before its expiration by filing with the
  545  department an application for renewal accompanied by payment of
  546  the prescribed license fee.
  547         (a) Each Class “B” Class “A,” Class “B,” or Class “R”
  548  licensee shall additionally submit on a form prescribed by the
  549  department a certification of insurance that which evidences
  550  that the licensee maintains coverage as required under s.
  551  493.6110.
  552         (b) Each Class “G” licensee shall additionally submit proof
  553  that he or she has received during each year of the license
  554  period a minimum of 4 hours of firearms recertification training
  555  taught by a Class “K” licensee and has complied with such other
  556  health and training requirements which the department may adopt
  557  by rule. If proof of a minimum of 4 hours of annual firearms
  558  recertification training cannot be provided, the renewal
  559  applicant shall complete the minimum number of hours of range
  560  and classroom training required at the time of initial
  561  licensure.
  562         (c) Each Class “DS” or Class “RS” licensee shall
  563  additionally submit the current curriculum, examination, and
  564  list of instructors.
  565         (d) Each Class “K” firearms instructor licensee shall
  566  additionally submit one of the certificates specified under s.
  567  493.6105(6) as proof that he or she remains certified to provide
  568  firearms instruction.
  569         Section 13. Subsection (8), paragraph (d) of subsection
  570  (12), and subsection (16) of section 493.6115, Florida Statutes,
  571  are amended to read:
  572         493.6115 Weapons and firearms.—
  573         (8) A Class “G” applicant must satisfy the minimum training
  574  criteria as set forth in s. 493.6105(5) 493.6105(6) and as
  575  established by rule of the department.
  576         (12) The department may issue a temporary Class “G”
  577  license, on a case-by-case basis, if:
  578         (d) The applicant has received approval from the department
  579  subsequent to its conduct of a criminal history record check as
  580  authorized in s. 493.6108(1) 493.6121(6).
  581         (16) If the criminal history record check program
  582  referenced in s. 493.6108(1) 493.6121(6) is inoperable, the
  583  department may issue a temporary “G” license on a case-by-case
  584  basis, provided that the applicant has met all statutory
  585  requirements for the issuance of a temporary “G” license as
  586  specified in subsection (12), excepting the criminal history
  587  record check stipulated there; provided, that the department
  588  requires that the licensed employer of the applicant conduct a
  589  criminal history record check of the applicant pursuant to
  590  standards set forth in rule by the department, and provide to
  591  the department an affidavit containing such information and
  592  statements as required by the department, including a statement
  593  that the criminal history record check did not indicate the
  594  existence of any criminal history that would prohibit licensure.
  595  Failure to properly conduct such a check, or knowingly providing
  596  incorrect or misleading information or statements in the
  597  affidavit constitutes shall constitute grounds for disciplinary
  598  action against the licensed agency, including revocation of
  599  license.
  600         Section 14. Present paragraph (u) of subsection (1) of
  601  section 493.6118, Florida Statutes, is redesignated as paragraph
  602  (v), and a new paragraph (u) is added to that subsection to
  603  read:
  604         493.6118 Grounds for disciplinary action.—
  605         (1) The following constitute grounds for which disciplinary
  606  action specified in subsection (2) may be taken by the
  607  department against any licensee, agency, or applicant regulated
  608  by this chapter, or any unlicensed person engaged in activities
  609  regulated under this chapter.
  610         (u) For a Class “G” or a Class “K” applicant or licensee,
  611  being prohibited from purchasing or possessing a firearm by
  612  state or federal law.
  613         Section 15. Present subsections (7) and (8) of section
  614  493.6121, Florida Statutes, are renumbered as subsections (6)
  615  and (7), respectively, and subsection (6) of that section is
  616  amended, to read:
  617         493.6121 Enforcement; investigation.—
  618         (6) The department shall be provided access to the program
  619  that is operated by the Department of Law Enforcement, pursuant
  620  to s. 790.065, for providing criminal history record information
  621  to licensed gun dealers, manufacturers, and exporters. The
  622  department may make inquiries, and shall receive responses in
  623  the same fashion as provided under s. 790.065. The department
  624  shall be responsible for payment to the Department of Law
  625  Enforcement of the same fees as charged to others afforded
  626  access to the program.
  627         Section 16. Subsection (3) of section 493.6202, Florida
  628  Statutes, is amended to read:
  629         493.6202 Fees.—
  630         (3) The fees set forth in this section must be paid by
  631  certified check or money order or, at the discretion of the
  632  department, by electronic funds transfer agency check at the
  633  time the application is approved, except that the applicant for
  634  a Class “G,” Class “C,” Class “CC,” Class “M,” or Class “MA”
  635  license must pay the license fee at the time the application is
  636  made. If a license is revoked or denied or if the application is
  637  withdrawn, the license fee is nonrefundable shall not be
  638  refunded.
  639         Section 17. Subsections (2), (4), and (6) of section
  640  493.6203, Florida Statutes, are amended to read:
  641         493.6203 License requirements.—In addition to the license
  642  requirements set forth elsewhere in this chapter, each
  643  individual or agency shall comply with the following additional
  644  requirements:
  645         (2) An applicant for a Class “MA” license must shall have 2
  646  years of lawfully gained, verifiable, full-time experience, or
  647  training in:
  648         (a) Private investigative work or related fields of work
  649  that provided equivalent experience or training;
  650         (b) Work as a Class “CC” licensed intern;
  651         (c) Any combination of paragraphs (a) and (b);
  652         (d) Experience described in paragraph (a) for 1 year and
  653  experience described in paragraph (e) for 1 year;
  654         (e) No more than 1 year using:
  655         1. College coursework related to criminal justice,
  656  criminology, or law enforcement administration; or
  657         2. Successfully completed law enforcement-related training
  658  received from any federal, state, county, or municipal agency;
  659  or
  660         (f) Experience described in paragraph (a) for 1 year and
  661  work in a managerial or supervisory capacity for 1 year.
  662  
  663  However, experience in performing bodyguard services is not
  664  creditable toward the requirements of this subsection.
  665         (4) An applicant for a Class “C” license shall have 2 years
  666  of lawfully gained, verifiable, full-time experience, or
  667  training in one, or a combination of more than one, of the
  668  following:
  669         (a) Private investigative work or related fields of work
  670  that provided equivalent experience or training.
  671         (b) College coursework related to criminal justice,
  672  criminology, or law enforcement administration, or successful
  673  completion of any law enforcement-related training received from
  674  any federal, state, county, or municipal agency, except that no
  675  more than 1 year may be used from this category.
  676         (c) Work as a Class “CC” licensed intern.
  677  
  678  However, experience in performing bodyguard services is not
  679  creditable toward the requirements of this subsection.
  680         (6)(a) A Class “CC” licensee must shall serve an internship
  681  under the direction and control of a designated sponsor, who is
  682  a Class “C,” Class “MA,” or Class “M” licensee.
  683         (b) Effective January 1, 2012 September 1, 2008, before
  684  submission of an application to the department, the an applicant
  685  for a Class “CC” license must have completed a minimum of 40 at
  686  least 24 hours of professional training a 40-hour course
  687  pertaining to general investigative techniques and this chapter,
  688  which course is offered by a state university or by a school,
  689  community college, college, or university under the purview of
  690  the Department of Education, and the applicant must pass an
  691  examination. The training must be provided in two parts, one 24
  692  hour course and one 16-hour course. The certificate evidencing
  693  satisfactory completion of the 40 at least 24 hours of
  694  professional training a 40-hour course must be submitted with
  695  the application for a Class “CC” license. The remaining 16 hours
  696  must be completed and an examination passed within 180 days. If
  697  documentation of completion of the required training is not
  698  submitted within the specified timeframe, the individual’s
  699  license is automatically suspended or his or her authority to
  700  work as a Class “CC” pursuant to s. 493.6105(9) is rescinded
  701  until such time as proof of certificate of completion is
  702  provided to the department. The training course specified in
  703  this paragraph may be provided by face-to-face presentation,
  704  online technology, or a home study course in accordance with
  705  rules and procedures of the Department of Education. The
  706  administrator of the examination must verify the identity of
  707  each applicant taking the examination.
  708         1. Upon an applicant’s successful completion of each part
  709  of the approved training course and passage of any required
  710  examination, the school, community college, college, or
  711  university shall issue a certificate of completion to the
  712  applicant. The certificates must be on a form established by
  713  rule of the department.
  714         2. The department shall establish by rule the general
  715  content of the professional training course and the examination
  716  criteria.
  717         3. If the license of an applicant for relicensure is has
  718  been invalid for more than 1 year, the applicant must complete
  719  the required training and pass any required examination.
  720         (c) An individual who submits an application for a Class
  721  “CC” license on or after September 1, 2008, through December 31,
  722  2011, who has not completed the 16-hour course must submit proof
  723  of successful completion of the course within 180 days after the
  724  date the application is submitted. If documentation of
  725  completion of the required training is not submitted by that
  726  date, the individual’s license shall be automatically suspended
  727  until proof of the required training is submitted to the
  728  department. An individual licensed on or before August 31, 2008,
  729  is not required to complete additional training hours in order
  730  to renew an active license beyond the total required hours, and
  731  the timeframe for completion in effect at the time he or she was
  732  licensed applies.
  733         Section 18. Subsection (3) of section 493.6302, Florida
  734  Statutes, is amended to read:
  735         493.6302 Fees.—
  736         (3) The fees set forth in this section must be paid by
  737  certified check or money order or, at the discretion of the
  738  department, by electronic funds transfer agency check at the
  739  time the application is approved, except that the applicant for
  740  a Class “D,” Class “G,” Class “M,” or Class “MB” license must
  741  pay the license fee at the time the application is made. If a
  742  license is revoked or denied or if the application is withdrawn,
  743  the license fee is nonrefundable shall not be refunded.
  744         Section 19. Subsection (4) of section 493.6303, Florida
  745  Statutes, is amended to read:
  746         493.6303 License requirements.—In addition to the license
  747  requirements set forth elsewhere in this chapter, each
  748  individual or agency must shall comply with the following
  749  additional requirements:
  750         (4)(a) Effective January 1, 2012, an applicant for a Class
  751  “D” license must submit proof of successful completion of
  752  complete a minimum of 40 hours of professional training at a
  753  school or training facility licensed by the department. The
  754  training must be provided in two parts, one 24-hour course and
  755  one 16-hour course. The department shall by rule establish the
  756  general content and number of hours of each subject area to be
  757  taught.
  758         (b) An individual who submits an application for a Class
  759  “D” license on or after January 1, 2007, through December 31,
  760  2011, who has not completed the 16-hour course must submit proof
  761  of successful completion of the course within 180 days after the
  762  date the application is submitted. If documentation of
  763  completion of the required training is not submitted by that
  764  date, the individual’s license shall be automatically suspended
  765  until proof of the required training is submitted to the
  766  department. A person licensed before January 1, 2007, is not
  767  required to complete additional training hours in order to renew
  768  an active license beyond the total required hours, and the
  769  timeframe for completion in effect at the time he or she was
  770  licensed applies. An applicant may fulfill the training
  771  requirement prescribed in paragraph (a) by submitting proof of:
  772         1. Successful completion of the total number of required
  773  hours of training before initial application for a Class “D”
  774  license; or
  775         2. Successful completion of 24 hours of training before
  776  initial application for a Class “D” license and successful
  777  completion of the remaining 16 hours of training within 180 days
  778  after the date that the application is submitted. If
  779  documentation of completion of the required training is not
  780  submitted within the specified timeframe, the individual’s
  781  license is automatically suspended until such time as proof of
  782  the required training is provided to the department.
  783         (c) An individual However, any person whose license is
  784  suspended or has been revoked, suspended pursuant to paragraph
  785  (b) subparagraph 2., or is expired for at least 1 year, or
  786  longer is considered, upon reapplication for a license, an
  787  initial applicant and must submit proof of successful completion
  788  of 40 hours of professional training at a school or training
  789  facility licensed by the department as provided prescribed in
  790  paragraph (a) before a license is will be issued. Any person
  791  whose license was issued before January 1, 2007, and whose
  792  license has been expired for less than 1 year must, upon
  793  reapplication for a license, submit documentation of completion
  794  of the total number of hours of training prescribed by law at
  795  the time her or his initial license was issued before another
  796  license will be issued. This subsection does not require an
  797  individual licensed before January 1, 2007, to complete
  798  additional training hours in order to renew an active license,
  799  beyond the required total amount of training within the
  800  timeframe prescribed by law at the time she or he was licensed.
  801         Section 20. Subsection (2) of section 493.6304, Florida
  802  Statutes, is amended to read:
  803         493.6304 Security officer school or training facility.—
  804         (2) The application shall be signed and verified by the
  805  applicant under oath as provided in s. 92.525 notarized and must
  806  shall contain, at a minimum, the following information:
  807         (a) The name and address of the school or training facility
  808  and, if the applicant is an individual, her or his name,
  809  address, and social security or alien registration number.
  810         (b) The street address of the place at which the training
  811  is to be conducted.
  812         (c) A copy of the training curriculum and final examination
  813  to be administered.
  814         Section 21. Subsections (7) and (8) of section 493.6401,
  815  Florida Statutes, are amended to read:
  816         493.6401 Classes of licenses.—
  817         (7) Any person who operates a recovery agent repossessor
  818  school or training facility or who conducts an Internet-based
  819  training course or a correspondence training course must have a
  820  Class “RS” license.
  821         (8) Any individual who teaches or instructs at a Class “RS”
  822  recovery agent repossessor school or training facility shall
  823  have a Class “RI” license.
  824         Section 22. Subsections (1) and (3) of section 493.6402,
  825  Florida Statutes, are amended to read:
  826         493.6402 Fees.—
  827         (1) The department shall establish by rule biennial license
  828  fees that which shall not exceed the following:
  829         (a) Class “R” license—recovery agency: $450.
  830         (b) Class “RR” license—branch office: $125.
  831         (c) Class “MR” license—recovery agency manager: $75.
  832         (d) Class “E” license—recovery agent: $75.
  833         (e) Class “EE” license—recovery agent intern: $60.
  834         (f) Class “RS” license-recovery agent license—repossessor
  835  school or training facility: $60.
  836         (g) Class “RI” license-recovery agent license—repossessor
  837  school or training facility instructor: $60.
  838         (3) The fees set forth in this section must be paid by
  839  certified check or money order, or, at the discretion of the
  840  department, by or electronic funds transfer agency check at the
  841  time the application is approved, except that the applicant for
  842  a Class “E,” Class “EE,” or Class “MR” license must pay the
  843  license fee at the time the application is made. If a license is
  844  revoked or denied, or if an application is withdrawn, the
  845  license fee is nonrefundable shall not be refunded.
  846         Section 23. Section 493.6406, Florida Statutes, is amended
  847  to read:
  848         493.6406 Recovery agent Repossession services school or
  849  training facility.—
  850         (1) Any school, training facility, or instructor who offers
  851  the training outlined in s. 493.6403(2) for Class “E” or Class
  852  “EE” applicants shall, before licensure of such school, training
  853  facility, or instructor, file with the department an application
  854  accompanied by an application fee in an amount to be determined
  855  by rule, not to exceed $60. The fee shall not be refundable.
  856  This training may be offered as face-to-face training, Internet
  857  based training, or correspondence training.
  858         (2) The application must shall be signed and verified by
  859  the applicant under oath as provided in s. 92.525 notarized and
  860  shall contain, at a minimum, the following information:
  861         (a) The name and address of the school or training facility
  862  and, if the applicant is an individual, his or her name,
  863  address, and social security or alien registration number.
  864         (b) The street address of the place at which the training
  865  is to be conducted or the street address of the Class “RS”
  866  school offering Internet-based or correspondence training.
  867         (c) A copy of the training curriculum and final examination
  868  to be administered.
  869         (3) The department shall adopt rules establishing the
  870  criteria for approval of schools, training facilities, and
  871  instructors.
  872         Section 24. Subsection (7) of section 496.404, Florida
  873  Statutes, is amended to read:
  874         496.404 Definitions.—As used in ss. 496.401-496.424:
  875         (7) “Division” means the Division of Consumer Protection
  876  services of the Department of Agriculture and Consumer Services.
  877         Section 25. Subsection (3) of section 496.411, Florida
  878  Statutes, is amended to read:
  879         496.411 Disclosure requirements and duties of charitable
  880  organizations and sponsors.—
  881         (3) Every charitable organization or sponsor that which is
  882  required to register under s. 496.405 must conspicuously display
  883  in capital letters the following statement on every printed
  884  solicitation, written confirmation, receipt, or reminder of a
  885  contribution:
  886  
  887         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
  888         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
  889         CONSUMER PROTECTION SERVICES BY CALLING TOLL-FREE
  890         WITHIN THE STATE. REGISTRATION DOES NOT IMPLY
  891         ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE
  892         STATE.”
  893  
  894  The statement must include a toll-free number for the division
  895  which that can be used to obtain the registration information.
  896  When the solicitation consists of more than one piece, the
  897  statement must be displayed prominently in the solicitation
  898  materials.
  899         Section 26. Paragraph (c) of subsection (1) of section
  900  496.412, Florida Statutes, is amended to read:
  901         496.412 Disclosure requirements and duties of professional
  902  solicitors.—
  903         (1) A professional solicitor must comply with and be
  904  responsible for complying or causing compliance with the
  905  following disclosures:
  906         (c) In addition to the information required by paragraph
  907  (a), any written confirmation, receipt, or reminder of
  908  contribution made pursuant to an oral solicitation and any
  909  written solicitation shall conspicuously state in capital
  910  letters:
  911  
  912         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
  913         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
  914         CONSUMER PROTECTION SERVICES BY CALLING TOLL-FREE
  915         WITHIN THE STATE. REGISTRATION DOES NOT IMPLY
  916         ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE
  917         STATE.”
  918  
  919  The statement must include a toll-free number for the division
  920  which that can be used to obtain the registration information.
  921  When the solicitation consists of more than one piece, the
  922  statement must be displayed prominently in the solicitation
  923  materials.
  924         Section 27. Subsection (5) of section 496.419, Florida
  925  Statutes, is amended to read:
  926         496.419 Powers of the department.—
  927         (5) Upon a finding as set forth in subsection (4), the
  928  department may enter an order doing one or more of the
  929  following:
  930         (a) Issue Issuing a notice of noncompliance pursuant to s.
  931  120.695;
  932         (b) Issue Issuing a cease and desist order that directs
  933  that the person cease and desist specified fundraising
  934  activities;
  935         (c) Refuse Refusing to register or revoke canceling or
  936  suspend suspending a registration;
  937         (d) Place Placing the registrant on probation for a period
  938  of time, subject to such conditions as the department may
  939  specify;
  940         (e) Revoke Canceling an exemption granted under s. 496.406;
  941  or and
  942         (f) Impose Imposing an administrative fine not to exceed
  943  $1,000 for each act or omission that which constitutes a
  944  violation of ss. 496.401-496.424 or s. 496.426 or a rule or
  945  order.
  946  
  947  With respect to a s. 501(c)(3) organization, the penalty imposed
  948  pursuant to this subsection may shall not exceed $500 per
  949  violation. The penalty shall be the entire amount per violation
  950  and is not to be interpreted as a daily penalty.
  951         Section 28. Subsection (7) of section 501.015, Florida
  952  Statutes, is amended to read:
  953         501.015 Health studios; registration requirements and
  954  fees.—Each health studio shall:
  955         (7) Any person applying for or renewing a local
  956  occupational license to engage in business as a health studio
  957  must Exhibit an active registration certificate from the
  958  Department of Agriculture and Consumer Services before the local
  959  business tax receipt occupational license may be issued or
  960  reissued.
  961         Section 29. Subsection (1) of section 501.017, Florida
  962  Statutes, is amended to read:
  963         501.017 Health studios; contracts.—
  964         (1) Every contract for the sale of future health studio
  965  services which is paid for in advance or which the buyer agrees
  966  to pay for in future installment payments must shall be in
  967  writing and must shall contain, contractual provisions to the
  968  contrary notwithstanding, in immediate proximity to the space
  969  reserved in the contract for the signature of the buyer, and in
  970  at least 10-point boldfaced type, language substantially
  971  equivalent to the following:
  972         (a) A provision for the penalty-free cancellation of the
  973  contract within 3 days, exclusive of holidays and weekends, of
  974  its making, upon the mailing or delivery of written notice to
  975  the health studio, and refund upon such notice of all moneys
  976  paid under the contract, except that the health studio may
  977  retain an amount computed by dividing the number of complete
  978  days in the contract term or, if appropriate, the number of
  979  occasions health studio services are to be rendered into the
  980  total contract price and multiplying the result by the number of
  981  complete days that have passed since the making of the contract
  982  or, if appropriate, by the number of occasions that health
  983  studio services have been rendered. A refund shall be issued
  984  within 30 days after receipt of the notice of cancellation made
  985  within the 3-day provision.
  986         (b)1. A provision for the cancellation and refund of the
  987  contract if the contracting business location of the health
  988  studio goes out of business, or moves its facilities more than 5
  989  driving miles from the business location designated in such
  990  contract and fails to provide, within 30 days, a facility of
  991  equal quality located within 5 driving miles of the business
  992  location designated in such contract at no additional cost to
  993  the buyer.
  994         2. A provision that notice of intent to cancel by the buyer
  995  shall be given in writing to the health studio. Such a notice of
  996  cancellation from the consumer shall also terminate
  997  automatically the consumer’s obligation to any entity to whom
  998  the health studio has subrogated or assigned the consumer’s
  999  contract. If the health studio wishes to enforce such contract
 1000  after receipt of such showing, it may request the department to
 1001  determine the sufficiency of the showing.
 1002         3. A provision that if the department determines that a
 1003  refund is due the buyer, the refund shall be an amount computed
 1004  by dividing the contract price by the number of weeks in the
 1005  contract term and multiplying the result by the number of weeks
 1006  remaining in the contract term. The business location of a
 1007  health studio is shall not be deemed out of business when
 1008  temporarily closed for repair and renovation of the premises:
 1009         a. Upon sale, for not more than 14 consecutive days; or
 1010         b. During ownership, for not more than 7 consecutive days
 1011  and not more than two periods of 7 consecutive days in any
 1012  calendar year.
 1013  
 1014  A refund shall be issued within 30 days after receipt of the
 1015  notice of cancellation made pursuant to this paragraph.
 1016         (c) A provision in the disclosure statement advising the
 1017  buyer to contact the department for information within 60 days
 1018  should the health studio go out of business.
 1019         (d) A provision for the cancellation of the contract if the
 1020  buyer dies or becomes physically unable to avail himself or
 1021  herself of a substantial portion of those services which he or
 1022  she used from the commencement of the contract until the time of
 1023  disability, with refund of funds paid or accepted in payment of
 1024  the contract in an amount computed by dividing the contract
 1025  price by the number of weeks in the contract term and
 1026  multiplying the result by the number of weeks remaining in the
 1027  contract term. The contract may require a buyer or the buyer’s
 1028  estate seeking relief under this paragraph to provide proof of
 1029  disability or death. A physical disability sufficient to warrant
 1030  cancellation of the contract by the buyer shall be established
 1031  if the buyer furnishes to the health studio a certification of
 1032  such disability by a physician licensed under chapter 458,
 1033  chapter 459, chapter 460, or chapter 461 to the extent the
 1034  diagnosis or treatment of the disability is within the
 1035  physician’s scope of practice. A refund shall be issued within
 1036  30 days after receipt of the notice of cancellation made
 1037  pursuant to this paragraph.
 1038         (e) A provision that the initial contract will not be for a
 1039  period in excess of 36 months, and thereafter shall only be
 1040  renewable annually. Such renewal contracts may not be executed
 1041  and the fee therefor paid until 60 days or less before the
 1042  preceding contract expires.
 1043         (f) A provision that if the health studio requires a buyer
 1044  to furnish identification upon entry to the facility and as a
 1045  condition of using the services of the health studio, the health
 1046  studio must shall provide the buyer with the means of such
 1047  identification.
 1048         Section 30. Subsection (2) of section 501.145, Florida
 1049  Statutes, is amended to read:
 1050         501.145 Bedding Label Act.—
 1051         (2) DEFINITIONS.—For the purpose of this section, the term:
 1052         (a) “Bedding” means any mattress, box spring, pillow, or
 1053  cushion made of leather or any other material which is or can be
 1054  stuffed or filled in whole or in part with any substance or
 1055  material, which can be used by any human being for sleeping or
 1056  reclining purposes.
 1057         (b) “Department” means the Department of Agriculture and
 1058  Consumer Services.
 1059         (b)(c) “Enforcing authority” means the Department of
 1060  Agriculture and Consumer Services or the Department of Legal
 1061  Affairs.
 1062         Section 31. Paragraph (b) of subsection (1) and subsection
 1063  (8) of section 501.160, Florida Statutes, are amended to read:
 1064         501.160 Rental or sale of essential commodities during a
 1065  declared state of emergency; prohibition against unconscionable
 1066  prices.—
 1067         (1) As used in this section:
 1068         (b) It is prima facie evidence that a price is
 1069  unconscionable if:
 1070         1. The amount charged represents a gross disparity between
 1071  the price of the commodity or rental or lease of any dwelling
 1072  unit or self-storage facility that is the subject of the offer
 1073  or transaction and the average price at which that commodity or
 1074  dwelling unit or self-storage facility was rented, leased, sold,
 1075  or offered for rent or sale in the usual course of business
 1076  during the 30 days immediately prior to a declaration of a state
 1077  of emergency, unless and the increase in the amount charged is
 1078  not attributable to additional costs incurred in connection with
 1079  the rental or sale of the commodity or rental or lease of any
 1080  dwelling unit or self-storage facility, or regional, national,
 1081  or international market trends; or
 1082         2. The amount charged grossly exceeds the average price at
 1083  which the same or similar commodity was readily obtainable in
 1084  the trade area during the 30 days immediately prior to a
 1085  declaration of a state of emergency, unless and the increase in
 1086  the amount charged is not attributable to additional costs
 1087  incurred in connection with the rental or sale of the commodity
 1088  or rental or lease of any dwelling unit or self-storage
 1089  facility, or regional, national, or international market trends.
 1090         (8) Any violation of this section may be enforced by the
 1091  Department of Agriculture and Consumer Services, the office of
 1092  the state attorney, or the Department of Legal Affairs.
 1093         Section 32. Paragraphs (a) and (l) of subsection (2) of
 1094  section 501.605, Florida Statutes, are amended to read:
 1095         501.605 Licensure of commercial telephone sellers.—
 1096         (2) An applicant for a license as a commercial telephone
 1097  seller must submit to the department, in such form as it
 1098  prescribes, a written application for the license. The
 1099  application must set forth the following information:
 1100         (a) The true name, date of birth, driver’s license number,
 1101  or other valid form of identification social security number,
 1102  and home address of the applicant, including each name under
 1103  which he or she intends to do business.
 1104         (l) The true name, current home address, date of birth,
 1105  social security number, and all other names by which known, or
 1106  previously known, of each:
 1107         1. Principal officer, director, trustee, shareholder,
 1108  owner, or partner of the applicant, and of each other person
 1109  responsible for the management of the business of the applicant.
 1110         2. Office manager or other person principally responsible
 1111  for a location from which the applicant will do business.
 1112         3. Salesperson or other person to be employed by the
 1113  applicant.
 1114  
 1115  The application shall be accompanied by a copy of any: Script,
 1116  outline, or presentation the applicant will require or suggest a
 1117  salesperson to use when soliciting, or, if no such document is
 1118  used, a statement to that effect; sales information or
 1119  literature to be provided by the applicant to a salesperson; and
 1120  sales information or literature to be provided by the applicant
 1121  to a purchaser in connection with any solicitation.
 1122         Section 33. Paragraph (a) of subsection (1) of section
 1123  501.607, Florida Statutes, is amended to read:
 1124         501.607 Licensure of salespersons.—
 1125         (1) An applicant for a license as a salesperson must submit
 1126  to the department, in such form as it prescribes, a written
 1127  application for a license. The application must set forth the
 1128  following information:
 1129         (a) The true name, date of birth, driver’s license number,
 1130  or other valid form of identification social security number,
 1131  and home address of the applicant.
 1132         Section 34. Subsection (2) of section 525.01, Florida
 1133  Statutes, is amended to read:
 1134         525.01 Gasoline and oil to be inspected.—
 1135         (2) All petroleum fuels are shall be subject to inspection
 1136  and analysis by the department. Before selling or offering for
 1137  sale in this state any petroleum fuel, all manufacturers,
 1138  terminal suppliers, wholesalers, and importers as defined in s.
 1139  206.01 jobbers shall file with the department:
 1140         (a) An affidavit stating that they desire to do business in
 1141  this state, and the name and address of the manufacturer of the
 1142  petroleum fuel.
 1143         (b) An affidavit stating that the petroleum fuel is in
 1144  conformity with the standards prescribed by department rule.
 1145         Section 35. Section 526.06, Florida Statutes, is amended to
 1146  read
 1147         526.06 Mixing, blending, compounding, or adulteration of
 1148  liquid fuels of same manufacturer prohibited; sale of gasoline
 1149  blended with ethanol.A It is unlawful for any person may not to
 1150  mix, blend, compound, or adulterate the liquid fuel, lubricating
 1151  oil, grease, or similar product of a manufacturer or distributor
 1152  with a liquid fuel, lubricating oil, grease, or similar product
 1153  of the same manufacturer or distributor of a character or nature
 1154  different from the character or nature of the liquid fuel,
 1155  lubricating oil, grease, or similar product so mixed, blended,
 1156  compounded, or adulterated, and expose for sale, offer for sale,
 1157  or sell the same as the unadulterated product of such
 1158  manufacturer or distributor or as the unadulterated product of
 1159  any other manufacturer or distributor. However, nothing in this
 1160  chapter does not shall be construed to prevent the lawful owner
 1161  of such products from applying his, her, or its own trademark,
 1162  trade name, or symbol to any product or material. Ethanol
 1163  blended fuels which contain unleaded gasoline and up to 10
 1164  percent denatured ethanol by volume may be sold at retail
 1165  service stations for use in motor vehicles. To provide retail
 1166  service stations flexibility during the transition period to
 1167  ethanol-blended fuels, the T50 and TV/L specifications for
 1168  gasoline containing between 9 and 10 percent ethanol shall be
 1169  applied to all gasoline containing between 1 and 10 percent
 1170  ethanol by volume provided the last three or fewer deliveries
 1171  contained between 9 and 10 percent ethanol by volume. If there
 1172  is no reasonable availability of ethanol or the price of ethanol
 1173  exceeds the price of gasoline, the T50 and TV/L specifications
 1174  for gasoline containing between 9 and 10 percent ethanol shall
 1175  be applicable for gasoline containing between 1 and 10 percent
 1176  ethanol for up to three deliveries of fuel.
 1177         Section 36. Paragraph (f) of subsection (3) of section
 1178  539.001, Florida Statutes, is amended to read:
 1179         539.001 The Florida Pawnbroking Act.—
 1180         (3) LICENSE REQUIRED.—
 1181         (f) Any person applying for or renewing a local
 1182  occupational license to engage in business as a pawnbroker must
 1183  exhibit a current license from the agency before the local
 1184  business tax receipt occupational license may be issued or
 1185  reissued.
 1186         Section 37. Subsection (1) of section 559.805, Florida
 1187  Statutes, is amended to read:
 1188         559.805 Filings with the department; disclosure of
 1189  advertisement identification number.—
 1190         (1) Every seller of a business opportunity shall annually
 1191  file with the department a copy of the disclosure statement
 1192  required by s. 559.803 before prior to placing an advertisement
 1193  or making any other representation designed to offer to, sell
 1194  to, or solicit an offer to buy a business opportunity from a
 1195  prospective purchaser in this state and must shall update this
 1196  filing by reporting any material change in the required
 1197  information within 30 days after the material change occurs. An
 1198  advertisement is not considered to be placed in the state merely
 1199  because the advertisement is published in a publisher
 1200  circulates, or there is circulated on his or her behalf in the
 1201  state, any bona fide newspaper or other publication having a of
 1202  general, regular, and paid circulation in this state which has
 1203  had more than two-thirds of its circulation during the past 12
 1204  months outside the state or because the advertisement is
 1205  received in this state from a radio or television program
 1206  originating outside the state is received in the state. If the
 1207  seller is required by s. 559.807 to provide a bond or establish
 1208  a trust account or guaranteed letter of credit, the seller he or
 1209  she shall contemporaneously file with the department a copy of
 1210  the bond, a copy of the formal notification by the depository
 1211  that the trust account is established, or a copy of the
 1212  guaranteed letter of credit. Every seller of a business
 1213  opportunity must shall file with the department a list of
 1214  independent agents who will engage in the offer or sale of
 1215  business opportunities on behalf of the seller in this state.
 1216  This list must be kept current and must shall include the
 1217  following information: name, home and business address,
 1218  telephone number, present employer, social security number, and
 1219  birth date. A No person may not shall be allowed to offer or
 1220  sell business opportunities unless the required information has
 1221  been provided to the department.
 1222         Section 38. Subsection (7) of section 559.904, Florida
 1223  Statutes, is amended to read:
 1224         559.904 Motor vehicle repair shop registration;
 1225  application; exemption.—
 1226         (7) Any person applying for or renewing a local business
 1227  tax receipt occupational license on or after October 1, 1993, to
 1228  engage in business as a motor vehicle repair shop must exhibit
 1229  an active registration certificate from the department before
 1230  the local business tax receipt occupational license may be
 1231  issued or renewed.
 1232         Section 39. Subsections (1), (3), and (4) of section
 1233  559.928, Florida Statutes, are amended to read:
 1234         559.928 Registration.—
 1235         (1) Each seller of travel shall annually register with the
 1236  department, providing: its legal business or trade name, mailing
 1237  address, and business locations; the full names, addresses, and
 1238  telephone numbers of its owners or corporate officers and
 1239  directors and the Florida agent of the corporation; a statement
 1240  whether it is a domestic or foreign corporation, its state and
 1241  date of incorporation, its charter number, and, if a foreign
 1242  corporation, the date it registered with the State of Florida,
 1243  and local business tax receipt occupational license where
 1244  applicable; the date on which a seller of travel registered its
 1245  fictitious name if the seller of travel is operating under a
 1246  fictitious or trade name; the name of all other corporations,
 1247  business entities, and trade names through which each owner of
 1248  the seller of travel operated, was known, or did business as a
 1249  seller of travel within the preceding 5 years; a list of all
 1250  authorized independent agents, including the agent’s trade name,
 1251  full name, mailing address, business address, and telephone
 1252  numbers; the business location and address of each branch office
 1253  and full name and address of the manager or supervisor; the
 1254  certification required under s. 559.9285; and proof of purchase
 1255  of adequate bond as required in this part. A certificate
 1256  evidencing proof of registration shall be issued by the
 1257  department and must be prominently displayed in the seller of
 1258  travel’s primary place of business.
 1259         (3) Each independent agent shall annually file an affidavit
 1260  with the department prior to engaging in business in this state.
 1261  This affidavit must include the independent agent’s full name,
 1262  legal business or trade name, mailing address, business address,
 1263  telephone number, social security number, and the name or names
 1264  and addresses of each seller of travel represented by the
 1265  independent agent. A letter evidencing proof of filing must be
 1266  issued by the department and must be prominently displayed in
 1267  the independent agent’s primary place of business. Each
 1268  independent agent must also submit an annual registration fee of
 1269  $50. All moneys collected pursuant to the imposition of the fee
 1270  shall be deposited by the Chief Financial Officer into the
 1271  General Inspection Trust Fund of the Department of Agriculture
 1272  and Consumer Services for the sole purpose of administrating
 1273  this part. As used in this subsection, the term “independent
 1274  agent” means a person who represents a seller of travel by
 1275  soliciting persons on its behalf; who has a written contract
 1276  with a seller of travel which is operating in compliance with
 1277  this part and any rules adopted thereunder; who does not receive
 1278  a fee, commission, or other valuable consideration directly from
 1279  the purchaser for the seller of travel; who does not at any time
 1280  have any unissued ticket stock or travel documents in his or her
 1281  possession; and who does not have the ability to issue tickets,
 1282  vacation certificates, or any other travel document. The term
 1283  “independent agent” does not include an affiliate of the seller
 1284  of travel, as that term is used in s. 559.935(3), or the
 1285  employees of the seller of travel or of such affiliates.
 1286         (4) Any person applying for or renewing a local business
 1287  tax receipt occupational license to engage in business as a
 1288  seller of travel must exhibit a current registration certificate
 1289  from the department before the local business tax receipt
 1290  occupational license may be issued or reissued.
 1291         Section 40. Subsection (6) of section 559.935, Florida
 1292  Statutes, is amended to read:
 1293         559.935 Exemptions.—
 1294         (6) The department shall request from the Airlines
 1295  Reporting Corporation any information necessary to implement the
 1296  provisions of subsection (2). Persons claiming an exemption
 1297  under subsection (2) or subsection (3) must show a letter of
 1298  exemption from the department before a local business tax
 1299  receipt occupational license to engage in business as a seller
 1300  of travel may be issued or reissued. If the department fails to
 1301  issue a letter of exemption on a timely basis, the seller of
 1302  travel shall submit to the department, through certified mail,
 1303  an affidavit containing her or his name and address and an
 1304  explanation of the exemption sought. Such affidavit may be used
 1305  in lieu of a letter of exemption for the purpose of obtaining a
 1306  business tax receipt an occupational license. In any civil or
 1307  criminal proceeding, the burden of proving an exemption under
 1308  this section shall be on the person claiming such exemption. A
 1309  letter of exemption issued by the department shall not be used
 1310  in, and shall have no bearing on, such proceedings.
 1311         Section 41. Subsection (5) of section 570.29, Florida
 1312  Statutes, is amended to read:
 1313         570.29 Departmental divisions.—The department shall include
 1314  the following divisions:
 1315         (5) Consumer Protection Services.
 1316         Section 42. Section 570.544, Florida Statutes, is amended
 1317  to read:
 1318         570.544 Division of Consumer Protection Services; director;
 1319  powers; processing of complaints; records.—
 1320         (1) The director of the Division of Consumer Protection
 1321  Services shall be appointed by and serve at the pleasure of the
 1322  commissioner.
 1323         (2) The Division of Consumer Protection Services may:
 1324         (a) Conduct studies and make analyses of matters affecting
 1325  the interests of consumers.
 1326         (b) Study the operation of laws for consumer protection.
 1327         (c) Advise and make recommendations to the various state
 1328  agencies concerned with matters affecting consumers.
 1329         (d) Assist, advise, and cooperate with local, state, or
 1330  federal agencies and officials in order to promote the interests
 1331  of consumers.
 1332         (e) Make use of the testing and laboratory facilities of
 1333  the department for the detection of consumer fraud.
 1334         (f) Report to the appropriate law enforcement officers any
 1335  information concerning violation of consumer protection laws.
 1336         (g) Assist, develop, and conduct programs of consumer
 1337  education and consumer information through publications and
 1338  other informational and educational material prepared for
 1339  dissemination to the public, in order to increase the competence
 1340  of consumers.
 1341         (h) Organize and hold conferences on problems affecting
 1342  consumers.
 1343         (i) Recommend programs to encourage business and industry
 1344  to maintain high standards of honesty, fair business practices,
 1345  and public responsibility in the production, promotion, and sale
 1346  of consumer goods and services.
 1347         (3) In addition to the powers, duties, and responsibilities
 1348  authorized by this or any other chapter, the Division of
 1349  Consumer Protection Services shall serve as a clearinghouse for
 1350  matters relating to consumer protection, consumer information,
 1351  and consumer services generally. It shall receive complaints and
 1352  grievances from consumers and promptly transmit them to that
 1353  agency most directly concerned in order that the complaint or
 1354  grievance may be expeditiously handled in the best interests of
 1355  the complaining consumer. If no agency exists, the Division of
 1356  Consumer Protection Services shall seek a settlement of the
 1357  complaint using formal or informal methods of mediation and
 1358  conciliation and may seek any other resolution of the matter in
 1359  accordance with its jurisdiction.
 1360         (4) If any complaint received by the Division of Consumer
 1361  Protection Services concerns matters that which involve
 1362  concurrent jurisdiction in more than one agency, duplicate
 1363  copies of the complaint shall be referred to those offices
 1364  deemed to have concurrent jurisdiction.
 1365         (5)(a) Any agency, office, bureau, division, or board of
 1366  state government receiving a complaint that which deals with
 1367  consumer fraud or consumer protection and which is not within
 1368  the jurisdiction of the receiving agency, office, bureau,
 1369  division, or board originally receiving it, shall immediately
 1370  refer the complaint to the Division of Consumer Protection
 1371  Services.
 1372         (b) Upon receipt of such a complaint, the Division of
 1373  Consumer Protection Services shall make a determination of the
 1374  proper jurisdiction to which the complaint relates and shall
 1375  immediately refer the complaint to the agency, office, bureau,
 1376  division, or board that has which does have the proper
 1377  regulatory or enforcement authority to deal with it.
 1378         (6) The office or agency to which a complaint has been
 1379  referred shall within 30 days acknowledge receipt of the
 1380  complaint. If an office or agency receiving a complaint
 1381  determines that the matter presents a prima facie case for
 1382  criminal prosecution or if the complaint cannot be settled at
 1383  the administrative level, the complaint together with all
 1384  supporting evidence shall be transmitted to the Department of
 1385  Legal Affairs or other appropriate enforcement agency with a
 1386  recommendation for civil or criminal action warranted by the
 1387  evidence.
 1388         (7) The records of the Division of Consumer Protection
 1389  Services are public records. However, customer lists, customer
 1390  names, and trade secrets are confidential and exempt from the
 1391  provisions of s. 119.07(1). Disclosure necessary to enforcement
 1392  procedures does shall not violate be construed as violative of
 1393  this prohibition on the disclosure of confidential information.
 1394         (8) It shall be the duty of The Division of Consumer
 1395  Protection shall Services to maintain records and compile
 1396  summaries and analyses of consumer complaints and their eventual
 1397  disposition, which data may serve as a basis for recommendations
 1398  to the Legislature and to state regulatory agencies.
 1399         Section 43. Subsection (7) of section 681.102, Florida
 1400  Statutes, is amended, and present subsections (8) through (23)
 1401  of that subsection are renumbered as subsections (7) through
 1402  (22), respectively, to read:
 1403         681.102 Definitions.—As used in this chapter, the term:
 1404         (7) “Division” means the Division of Consumer Services of
 1405  the Department of Agriculture and Consumer Services.
 1406         Section 44. Subsection (3) of section 681.103, Florida
 1407  Statutes, is amended to read:
 1408         681.103 Duty of manufacturer to conform a motor vehicle to
 1409  the warranty.—
 1410         (3) At the time of acquisition, the manufacturer shall
 1411  inform the consumer clearly and conspicuously in writing how and
 1412  where to file a claim with a certified procedure if such
 1413  procedure has been established by the manufacturer pursuant to
 1414  s. 681.108. The nameplate manufacturer of a recreational vehicle
 1415  shall, at the time of vehicle acquisition, inform the consumer
 1416  clearly and conspicuously in writing how and where to file a
 1417  claim with a program pursuant to s. 681.1096. The manufacturer
 1418  shall provide to the dealer and, at the time of acquisition, the
 1419  dealer shall provide to the consumer a written statement that
 1420  explains the consumer’s rights under this chapter. The written
 1421  statement shall be prepared by the Department of Legal Affairs
 1422  and shall contain a toll-free number for the department which
 1423  division that the consumer can contact to obtain information
 1424  regarding the consumer’s rights and obligations under this
 1425  chapter or to commence arbitration. If the manufacturer obtains
 1426  a signed receipt for timely delivery of sufficient quantities of
 1427  this written statement to meet the dealer’s vehicle sales
 1428  requirements, it shall constitute prima facie evidence of
 1429  compliance with this subsection by the manufacturer. The
 1430  consumer’s signed acknowledgment of receipt of materials
 1431  required under this subsection shall constitute prima facie
 1432  evidence of compliance by the manufacturer and dealer. The form
 1433  of the acknowledgments shall be approved by the Department of
 1434  Legal Affairs, and the dealer shall maintain the consumer’s
 1435  signed acknowledgment for 3 years.
 1436         Section 45. Section 681.108, Florida Statutes, is amended
 1437  to read:
 1438         681.108 Dispute-settlement procedures.—
 1439         (1) If a manufacturer has established a procedure that,
 1440  which the department division has certified as substantially
 1441  complying with the provisions of 16 C.F.R. part 703, in effect
 1442  October 1, 1983, and with the provisions of this chapter and the
 1443  rules adopted under this chapter, and has informed the consumer
 1444  how and where to file a claim with such procedure pursuant to s.
 1445  681.103(3), the provisions of s. 681.104(2) apply to the
 1446  consumer only if the consumer has first resorted to such
 1447  procedure. The decisionmakers for a certified procedure shall,
 1448  in rendering decisions, take into account all legal and
 1449  equitable factors germane to a fair and just decision,
 1450  including, but not limited to, the warranty; the rights and
 1451  remedies conferred under 16 C.F.R. part 703, in effect October
 1452  1, 1983; the provisions of this chapter; and any other equitable
 1453  considerations appropriate under the circumstances.
 1454  Decisionmakers and staff of a procedure shall be trained in the
 1455  provisions of this chapter and in 16 C.F.R. part 703, in effect
 1456  October 1, 1983. In an action brought by a consumer concerning
 1457  an alleged nonconformity, the decision that results from a
 1458  certified procedure is admissible in evidence.
 1459         (2) A manufacturer may apply to the department division for
 1460  certification of its procedure. After receipt and evaluation of
 1461  the application, the department division shall certify the
 1462  procedure or notify the manufacturer of any deficiencies in the
 1463  application or the procedure.
 1464         (3) A certified procedure or a procedure of an applicant
 1465  seeking certification shall submit to the department division a
 1466  copy of each settlement approved by the procedure or decision
 1467  made by a decisionmaker within 30 days after the settlement is
 1468  reached or the decision is rendered. The decision or settlement
 1469  must contain at a minimum the:
 1470         (a) Name and address of the consumer;
 1471         (b) Name of the manufacturer and address of the dealership
 1472  from which the motor vehicle was purchased;
 1473         (c) Date the claim was received and the location of the
 1474  procedure office that handled the claim;
 1475         (d) Relief requested by the consumer;
 1476         (e) Name of each decisionmaker rendering the decision or
 1477  person approving the settlement;
 1478         (f) Statement of the terms of the settlement or decision;
 1479         (g) Date of the settlement or decision; and
 1480         (h) Statement of whether the decision was accepted or
 1481  rejected by the consumer.
 1482         (4) Any manufacturer establishing or applying to establish
 1483  a certified procedure must file with the department division a
 1484  copy of the annual audit required under the provisions of 16
 1485  C.F.R. part 703, in effect October 1, 1983, together with any
 1486  additional information required for purposes of certification,
 1487  including the number of refunds and replacements made in this
 1488  state pursuant to the provisions of this chapter by the
 1489  manufacturer during the period audited.
 1490         (5) The department division shall review each certified
 1491  procedure at least annually, prepare an annual report evaluating
 1492  the operation of certified procedures established by motor
 1493  vehicle manufacturers and procedures of applicants seeking
 1494  certification, and, for a period not to exceed 1 year, shall
 1495  grant certification to, or renew certification for, those
 1496  manufacturers whose procedures substantially comply with the
 1497  provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
 1498  with the provisions of this chapter and rules adopted under this
 1499  chapter. If certification is revoked or denied, the department
 1500  division shall state the reasons for such action. The reports
 1501  and records of actions taken with respect to certification shall
 1502  be public records.
 1503         (6) A manufacturer whose certification is denied or revoked
 1504  is entitled to a hearing pursuant to chapter 120.
 1505         (7) If federal preemption of state authority to regulate
 1506  procedures occurs, the provisions of subsection (1) concerning
 1507  prior resort do not apply.
 1508         (8) The department may division shall adopt rules to
 1509  administer implement this section.
 1510         Section 46. Section 681.109, Florida Statutes, is amended
 1511  to read:
 1512         681.109 Florida New Motor Vehicle Arbitration Board;
 1513  dispute eligibility.—
 1514         (1) If a manufacturer has a certified procedure, a consumer
 1515  claim arising during the Lemon Law rights period must be filed
 1516  with the certified procedure no later than 60 days after the
 1517  expiration of the Lemon Law rights period. If a decision is not
 1518  rendered by the certified procedure within 40 days of filing,
 1519  the consumer may apply to the department division to have the
 1520  dispute removed to the board for arbitration.
 1521         (2) If a manufacturer has a certified procedure, a consumer
 1522  claim arising during the Lemon Law rights period must be filed
 1523  with the certified procedure no later than 60 days after the
 1524  expiration of the Lemon Law rights period. If a consumer is not
 1525  satisfied with the decision or the manufacturer’s compliance
 1526  therewith, the consumer may apply to the department division to
 1527  have the dispute submitted to the board for arbitration. A
 1528  manufacturer may not seek review of a decision made under its
 1529  procedure.
 1530         (3) If a manufacturer does not have a has no certified
 1531  procedure or if the a certified procedure does not have
 1532  jurisdiction to resolve the dispute, a consumer may apply
 1533  directly to the department division to have the dispute
 1534  submitted to the board for arbitration.
 1535         (4) A consumer must request arbitration before the board
 1536  with respect to a claim arising during the Lemon Law rights
 1537  period no later than 60 days after the expiration of the Lemon
 1538  Law rights period, or within 30 days after the final action of a
 1539  certified procedure, whichever date occurs later.
 1540         (5) The department division shall screen all requests for
 1541  arbitration before the board to determine eligibility. The
 1542  consumer’s request for arbitration before the board shall be
 1543  made on a form prescribed by the department. The department
 1544  division shall forward to the board all disputes that the
 1545  department division determines are potentially entitled to
 1546  relief under this chapter.
 1547         (6) The department division may reject a dispute that it
 1548  determines to be fraudulent or outside the scope of the board’s
 1549  authority. Any dispute deemed by the department division to be
 1550  ineligible for arbitration by the board due to insufficient
 1551  evidence may be reconsidered upon the submission of new
 1552  information regarding the dispute. Following a second review,
 1553  the department division may reject a dispute if the evidence is
 1554  clearly insufficient to qualify for relief. If the department
 1555  rejects a dispute, it must provide notice of the rejection and a
 1556  brief explanation of the reason for rejection Any dispute
 1557  rejected by the division shall be forwarded to the department
 1558  and a copy shall be sent by registered mail to the consumer and
 1559  to the manufacturer, containing a brief explanation as to the
 1560  reason for rejection.
 1561         (7) If the department division rejects a dispute, the
 1562  consumer may file a lawsuit to enforce the remedies provided
 1563  under this chapter. In any civil action arising under this
 1564  chapter and relating to a matter considered by the department
 1565  division, any determination made to reject a dispute is
 1566  admissible in evidence.
 1567         (8) The department may shall have the authority to adopt
 1568  reasonable rules to administer carry out the provisions of this
 1569  section.
 1570         Section 47. Subsections (2), (3), (4), (5), (9), (11), and
 1571  (12) of section 681.1095, Florida Statutes, are amended, and
 1572  subsection (17) is added to that section, to read:
 1573         681.1095 Florida New Motor Vehicle Arbitration Board;
 1574  creation and function.—
 1575         (2) The board boards shall hear cases in various locations
 1576  throughout the state so that any consumer whose dispute is
 1577  approved for arbitration by the department division may attend
 1578  an arbitration hearing at a reasonably convenient location and
 1579  present a dispute orally. Hearings shall be conducted by panels
 1580  of three board members assigned by the department. A majority
 1581  vote of the three-member board panel shall be required to render
 1582  a decision. Arbitration proceedings under this section shall be
 1583  open to the public on reasonable and nondiscriminatory terms.
 1584         (3) Each region of the board shall consist of up to eight
 1585  members. The members of the board shall construe and apply the
 1586  provisions of this chapter, and rules adopted thereunder, in
 1587  making their decisions. An administrator and a secretary shall
 1588  be assigned to each region of the board by the Department of
 1589  Legal Affairs. At least one member of the each board in each
 1590  region must have be a person with expertise in motor vehicle
 1591  mechanics. A member may must not be employed by a manufacturer
 1592  or a franchised motor vehicle dealer or be a staff member, a
 1593  decisionmaker, or a consultant for a procedure. Board members
 1594  shall be trained in the application of this chapter and any
 1595  rules adopted under this chapter. Members of the board, shall be
 1596  reimbursed for travel expenses pursuant to s. 112.061, and shall
 1597  be compensated at a rate or wage prescribed by the Attorney
 1598  General and are entitled to reimbursement for per diem and
 1599  travel expenses pursuant to s. 112.061.
 1600         (4) Before filing a civil action on a matter subject to s.
 1601  681.104, the consumer must first submit the dispute to the
 1602  department division, and to the board if such dispute is deemed
 1603  eligible for arbitration.
 1604         (5) Manufacturers shall submit to arbitration conducted by
 1605  the board if such arbitration is requested by a consumer and the
 1606  dispute is deemed eligible for arbitration by the department
 1607  division pursuant to s. 681.109.
 1608         (9) The decision of the board shall be sent by any method
 1609  providing a delivery confirmation registered mail to the
 1610  consumer and the manufacturer, and shall contain written
 1611  findings of fact and rationale for the decision. If the decision
 1612  is in favor of the consumer, the manufacturer must, within 40
 1613  days after receipt of the decision, comply with the terms of the
 1614  decision. Compliance occurs on the date the consumer receives
 1615  delivery of an acceptable replacement motor vehicle or the
 1616  refund specified in the arbitration award. In any civil action
 1617  arising under this chapter and relating to a dispute arbitrated
 1618  before the board, any decision by the board is admissible in
 1619  evidence.
 1620         (11) All provisions in This section and s. 681.109
 1621  pertaining to compulsory arbitration before the board, the
 1622  dispute eligibility screening by the department division, the
 1623  proceedings and decisions of the board, and any appeals thereof,
 1624  are exempt from the provisions of chapter 120.
 1625         (12) An appeal of a decision by the board to the circuit
 1626  court by a consumer or a manufacturer shall be by trial de novo.
 1627  In a written petition to appeal a decision by the board, the
 1628  appealing party must state the action requested and the grounds
 1629  relied upon for appeal. Within 15 30 days after of final
 1630  disposition of the appeal, the appealing party shall furnish the
 1631  department with notice of such disposition and, upon request,
 1632  shall furnish the department with a copy of the settlement or
 1633  the order or judgment of the court.
 1634         (17) The department may adopt rules to administer this
 1635  section.
 1636         Section 48. Subsections (2) and (4) of section 681.1096,
 1637  Florida Statutes, are amended to read:
 1638         681.1096 RV Mediation and Arbitration Program; creation and
 1639  qualifications.—
 1640         (2) Each manufacturer of a recreational vehicle involved in
 1641  a dispute that is determined eligible under this chapter,
 1642  including chassis and component manufacturers that which
 1643  separately warrant the chassis and components and that which
 1644  otherwise meet the definition of manufacturer set forth in s.
 1645  681.102(13) 681.102(14), shall participate in a mediation and
 1646  arbitration program that is deemed qualified by the department.
 1647         (4) The department shall monitor the program for compliance
 1648  with this chapter. If the program is determined not qualified or
 1649  if qualification is revoked, then disputes shall be subject to
 1650  the provisions of ss. 681.109 and 681.1095. If the program is
 1651  determined not qualified or if qualification is revoked as to a
 1652  manufacturer, all those manufacturers potentially involved in
 1653  the eligible consumer dispute shall be required to submit to
 1654  arbitration conducted by the board if such arbitration is
 1655  requested by a consumer and the dispute is deemed eligible for
 1656  arbitration by the department division pursuant to s. 681.109. A
 1657  consumer having a dispute involving one or more manufacturers
 1658  for which the program has been determined not qualified, or for
 1659  which qualification has been revoked, is not required to submit
 1660  the dispute to the program irrespective of whether the program
 1661  may be qualified as to some of the manufacturers potentially
 1662  involved in the dispute.
 1663         Section 49. Subsection (2) of section 681.112, Florida
 1664  Statutes, is amended to read:
 1665         681.112 Consumer remedies.—
 1666         (2) An action brought under this chapter must be commenced
 1667  within 1 year after the expiration of the Lemon Law rights
 1668  period, or, if a consumer resorts to an informal dispute
 1669  settlement procedure or submits a dispute to the department
 1670  division or board, within 1 year after the final action of the
 1671  procedure, department division, or board.
 1672         Section 50. Subsection (1) of section 681.117, Florida
 1673  Statutes, is amended to read:
 1674         681.117 Fee.—
 1675         (1) A $2 fee shall be collected by a motor vehicle dealer,
 1676  or by a person engaged in the business of leasing motor
 1677  vehicles, from the consumer at the consummation of the sale of a
 1678  motor vehicle or at the time of entry into a lease agreement for
 1679  a motor vehicle. Such fees shall be remitted to the county tax
 1680  collector or private tag agency acting as agent for the
 1681  Department of Revenue. If the purchaser or lessee removes the
 1682  motor vehicle from the state for titling and registration
 1683  outside this state, the fee shall be remitted to the Department
 1684  of Revenue. All fees, less the cost of administration, shall be
 1685  transferred monthly to the Department of Legal Affairs for
 1686  deposit into the Motor Vehicle Warranty Trust Fund. The
 1687  Department of Legal Affairs shall distribute monthly an amount
 1688  not exceeding one-fourth of the fees received to the Division of
 1689  Consumer Services of the Department of Agriculture and Consumer
 1690  Services to carry out the provisions of ss. 681.108 and 681.109.
 1691  The Department of Legal Affairs shall contract with the Division
 1692  of Consumer Services for payment of services performed by the
 1693  division pursuant to ss. 681.108 and 681.109.
 1694         Section 51. Subsection (3) of section 849.0915, Florida
 1695  Statutes, is amended to read:
 1696         849.0915 Referral selling.—
 1697         (3) In addition to the penalty provided herein, the
 1698  Attorney General and her or his assistants, the state attorneys
 1699  and their assistants, and the Division of Consumer Protection
 1700  Services of the Department of Agriculture and Consumer Services
 1701  are authorized to apply to the circuit court within their
 1702  respective jurisdictions, and the such court has shall have
 1703  jurisdiction, upon hearing and for cause shown, to grant a
 1704  temporary or permanent injunction restraining any person from
 1705  violating the provisions of this section, whether or not there
 1706  exists an adequate remedy at law, and such injunction shall
 1707  issue without bond.
 1708         Section 52. This act shall take effect July 1, 2011.