CS/HB 7209

1	A bill to be entitled
2	An act relating to the consumer services functions of the
3	Department of Agriculture and Consumer Services; amending
4	s. 320.90, F.S.; transferring responsibility for
5	distribution of a motor vehicle consumer's rights pamphlet
6	from the department to the Department of Highway Safety
7	and Motor Vehicles; amending s. 493.6105, F.S.; revising
8	the application requirements and procedures for certain
9	private investigator, private security, or repossession
10	service; deleting a requirement that certain applicants
11	submit photographs with their applications; revising the
12	certifications that a person applying for a Class "K"
13	firearms instructor license must possess; amending s.
14	493.6106, F.S.; revising the citizenship or immigration
15	requirements for licenses issued by the department;
16	prohibiting the licensure of applicants for a Class "G"
17	statewide firearm license or Class "K" firearms instructor
18	license who are prohibited by law from purchasing or
19	possessing firearms; requiring that private investigative,
20	private security, and recovery agencies notify the
21	department of changes to their branch office locations;
22	making grammatical and technical changes; amending s.
23	493.6107, F.S.; revising requirements for the method of
24	payment of license fees for certain licensees; amending s.
25	493.6108, F.S.; requiring the department to investigate
26	the mental history and current mental and emotional
27	fitness of applicants for a Class "K" firearms instructor
28	license; amending s. 493.6111, F.S.; revising the validity
29	period for Class "K" firearms instructor licenses;
30	requiring a security officer school or recovery agent
31	school to obtain written authorization from the department
32	before operating under a fictitious name; specifying that
33	a licensee may not operate under more than one fictitious
34	name; amending s. 493.6113, F.S.; deleting a requirement
35	that Class "A" private investigative agency licensees and
36	Class "R" recovery agency licensees provide evidence of
37	certain insurance coverage to renew a license; requiring a
38	Class "K" firearms instructor licensee to submit proof of
39	certification to provide firearms instruction; amending s.
40	493.6115, F.S.; conforming cross-references; amending s.
41	493.6118, F.S.; authorizing the department to take
42	disciplinary action against a Class "G" statewide firearms
43	licensee or applicant or a Class "K" firearms instructor
44	licensee or applicant if the person is prohibited by law
45	from purchasing or possessing a firearm; amending s.
46	493.6121, F.S.; deleting a provision authorizing the
47	department to have access to certain criminal history
48	information of the purchaser of a firearm; amending s.
49	493.6202, F.S.; revising requirements for the method of
50	payment of examination and license fees for certain
51	licensees; amending s. 493.6203, F.S.; providing that
52	experience as a bodyguard does not qualify as experience
53	or training for purposes of a Class "MA" or Class "C"
54	license; requiring an initial applicant for a Class "CC"
55	license to complete specified training courses; conforming
56	a cross-reference; amending s. 493.6302, F.S.; revising
57	requirements for the method of payment of license fees for
58	certain licensees; amending s. 493.6303, F.S.; requiring
59	an applicant for an initial Class "D" security officer
60	license to complete specified training courses; amending
61	s. 493.6304, F.S.; requiring an application for a security
62	officer school or training facility to be verified under
63	oath; amending ss. 493.6401 and 493.6402, F.S.; renaming
64	repossessors as "recovery agents"; revising requirements
65	for the method of payment of the license fees for certain
66	licensees; amending s. 493.6406, F.S.; requiring recovery
67	agent schools or instructors to be licensed by the
68	department to offer training to Class "E" licensees and
69	applicants; revising application requirements for recovery
70	agent school and instructor licenses; amending s. 500.03,
71	F.S.; providing and revising definitions for purposes of
72	the Florida Food Safety Act; amending s. 500.121, F.S.;
73	providing penalties for food safety violations committed
74	by cottage food operations; creating s. 500.80, F.S.;
75	exempting cottage food operations from food permitting
76	requirements; limiting the annual gross sales of cottage
77	food operations and the methods by which cottage food
78	products may be sold or offered for sale; requiring
79	certain packaging and labeling of cottage food products;
80	limiting the sale of cottage food products to certain
81	locations; providing for application; authorizing the
82	Department of Agriculture and Consumer Services to
83	investigate complaints and enter into the premises of a
84	cottage food operation; amending s. 501.145, F.S.;
85	deleting authority for the department to bring actions for
86	injunctive relief under the Bedding Label Act; deleting
87	the definitions of certain terms to conform; amending s.
88	501.160, F.S.; deleting authorization for the department
89	to enforce certain prohibitions against unconscionable
90	practices during a declared state of emergency; amending
91	s. 525.01, F.S.; revising requirements for petroleum fuel
92	affidavits; amending s. 526.06, F.S.; revising prohibited
93	acts related to certain mixing, blending, compounding, or
94	adulterating of liquid fuels; deleting certain provisions
95	authorizing the sale of ethanol-blended fuels for use in
96	motor vehicles; amending s. 539.001, F.S.; correcting a
97	reference to a local business tax receipt; amending ss.
98	681.102, 681.103, 681.108, 681.109, 681.1095, 681.1096,
99	681.112, and 681.117, F.S.; transferring the duties of the
100	Division of Consumer Services of the Department of
101	Agriculture and Consumer Services for enforcement of the
102	Motor Vehicle Warranty Enforcement Act and related to the
103	Florida New Motor Vehicle Arbitration Board to the
104	Department of Legal Affairs; conforming provisions;
105	revising procedures and notice requirements for
106	arbitration disputes; authorizing the Department of Legal
107	Affairs to adopt rules; providing an effective date.
108
109	Be It Enacted by the Legislature of the State of Florida:
110
111	Section 1.  Section 320.90, Florida Statutes, is amended to
112	read:
113	320.90  Notification of consumer's rights.-The department
114	shall develop a motor vehicle consumer's rights pamphlet which
115	shall be distributed free of charge by the Department of
116	Agriculture and Consumer Services to the motor vehicle owner
117	upon request. Such pamphlet must contain information relating to
118	odometer fraud and provide a summary of the rights and remedies
119	available to all purchasers of motor vehicles.
120	Section 2.  Section 493.6105, Florida Statutes, is amended
121	to read:
122	493.6105  Initial application for license.-
123	(1)  Each individual, partner, or principal officer in a
124	corporation, shall file with the department a complete
125	application accompanied by an application fee not to exceed $60,
126	except that the applicant for a Class "D" or Class "G" license
127	is shall not be required to submit an application fee. The
128	application fee is shall not be refundable.
129	(a)  The application submitted by any individual, partner,
130	or corporate officer must shall be approved by the department
131	before the prior to that individual, partner, or corporate
132	officer assumes assuming his or her duties.
133	(b)  Individuals who invest in the ownership of a licensed
134	agency, but do not participate in, direct, or control the
135	operations of the agency are shall not be required to file an
136	application.
137	(2)  Each application must shall be signed and verified by
138	the individual under oath as provided in s. 92.525 and shall be
139	notarized.
140	(3)  The application must shall contain the following
141	information concerning the individual signing the application
142	same:
143	(a)  Name and any aliases.
144	(b)  Age and date of birth.
145	(c)  Place of birth.
146	(d)  Social security number or alien registration number,
147	whichever is applicable.
148	(e)  Current Present residence address and mailing address
149	his or her residence addresses within the 5 years immediately
150	preceding the submission of the application.
151	(f)  Occupations held presently and within the 5 years
152	immediately preceding the submission of the application.
153	(f)(g)  A statement of all criminal convictions, findings
154	of guilt, and pleas of guilty or nolo contendere, regardless of
155	adjudication of guilt. An applicant for a Class "G" or Class "K"
156	license who is younger than 24 years of age shall also include a
157	statement regarding any finding of having committed a delinquent
158	act in any state, territory, or country which would be a felony
159	if committed by an adult and which is punishable by imprisonment
160	for a term exceeding 1 year.
161	(g)  One passport-type color photograph taken within the 6
162	months immediately preceding submission of the application.
163	(h)  A statement whether he or she has ever been
164	adjudicated incompetent under chapter 744.
165	(i)  A statement whether he or she has ever been committed
166	to a mental institution under chapter 394.
167	(j)  A full set of fingerprints on a card provided by the
168	department and a fingerprint fee to be established by rule of
169	the department based upon costs determined by state and federal
170	agency charges and department processing costs. An applicant who
171	has, within the immediately preceding 6 months, submitted a
172	fingerprint card and fee for licensing purposes under this
173	chapter is shall not be required to submit another fingerprint
174	card or fee.
175	(k)  A personal inquiry waiver that which allows the
176	department to conduct necessary investigations to satisfy the
177	requirements of this chapter.
178	(l)  Such further facts as may be required by the
179	department to show that the individual signing the application
180	is of good moral character and qualified by experience and
181	training to satisfy the requirements of this chapter.
182	(4)  In addition to the application requirements outlined
183	in subsection (3), the applicant for a Class "C," Class "CC,"
184	Class "E," Class "EE," or Class "G" license shall submit two
185	color photographs taken within the 6 months immediately
186	preceding the submission of the application, which meet
187	specifications prescribed by rule of the department. All other
188	applicants shall submit one photograph taken within the 6 months
189	immediately preceding the submission of the application.
190	(4)(5)  In addition to the application requirements
191	outlined under subsection (3), the applicant for a Class "C,"
192	Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
193	license must shall include a statement on a form provided by the
194	department of the experience that which he or she believes will
195	qualify him or her for such license.
196	(5)(6)  In addition to the requirements outlined in
197	subsection (3), an applicant for a Class "G" license must shall
198	satisfy minimum training criteria for firearms established by
199	rule of the department, which training criteria includes shall
200	include, but is not limited to, 28 hours of range and classroom
201	training taught and administered by a Class "K" licensee;
202	however, no more than 8 hours of such training shall consist of
203	range training. If the applicant submits can show proof that he
204	or she is an active law enforcement officer currently certified
205	under the Criminal Justice Standards and Training Commission or
206	has completed the training required for that certification
207	within the last 12 months, or if the applicant submits one of
208	the certificates specified in paragraph (6)(a) (7)(a), the
209	department may waive the foregoing firearms training
210	requirement.
211	(6)(7)  In addition to the requirements under subsection
212	(3), an applicant for a Class "K" license must shall:
213	(a)  Submit one of the following certificates:
214	1.  The Florida Criminal Justice Standards and Training
215	Commission Instructor Firearms Instructor's Certificate and
216	written confirmation by the commission that the applicant
217	possesses an active firearms certification.
218	2.  The National Rifle Association Police Firearms
219	Instructor's Certificate.
220	2.3.  The National Rifle Association Private Security
221	Firearm Instructor Firearms Instructor's Certificate.
222	3.4.  A firearms instructor instructor's certificate issued
223	by from a federal law enforcement agency, state, county, or
224	municipal police academy in this state recognized as such by the
225	Criminal Justice Standards and Training Commission or by the
226	Department of Education.
227	(b)  Pay the fee for and pass an examination administered
228	by the department which shall be based upon, but is not
229	necessarily limited to, a firearms instruction manual provided
230	by the department.
231	(7)(8)  In addition to the application requirements for
232	individuals, partners, or officers outlined under subsection
233	(3), the application for an agency license must shall contain
234	the following information:
235	(a)  The proposed name under which the agency intends to
236	operate.
237	(b)  The street address, mailing address, and telephone
238	numbers of the principal location at which business is to be
239	conducted in this state.
240	(c)  The street address, mailing address, and telephone
241	numbers of all branch offices within this state.
242	(d)  The names and titles of all partners or, in the case
243	of a corporation, the names and titles of its principal
244	officers.
245	(8)(9)  Upon submission of a complete application, a Class
246	"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
247	Class "MA," Class "MB," or Class "MR" applicant may commence
248	employment or appropriate duties for a licensed agency or branch
249	office. However, the Class "C" or Class "E" applicant must work
250	under the direction and control of a sponsoring licensee while
251	his or her application is being processed. If the department
252	denies application for licensure, the employment of the
253	applicant must be terminated immediately, unless he or she
254	performs only unregulated duties.
255	Section 3.  Paragraph (f) of subsection (1) and paragraph
256	(a) of subsection (2) of section 493.6106, Florida Statutes, are
257	amended, and paragraph (g) is added to subsection (1) of that
258	section, to read:
259	493.6106  License requirements; posting.-
260	(1)  Each individual licensed by the department must:
261	(f)  Be a citizen or permanent legal resident alien of the
262	United States or have appropriate been granted authorization
263	issued to seek employment in this country by the United States
264	Bureau of Citizenship and Immigration Services of the United
265	States Department of Homeland Security.
266	1.  An applicant for a Class "C," Class "CC," Class "D,"
267	Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
268	"MB," Class "MR," or Class "RI" license who is not a United
269	States citizen must submit proof of current employment
270	authorization issued by the United States Citizenship and
271	Immigration Services or proof that she or he is deemed a
272	permanent legal resident alien by the United States Citizenship
273	and Immigration Services.
274	2.  An applicant for a Class "G" or Class "K" license who
275	is not a United States citizen must submit proof that she or he
276	is deemed a permanent legal resident alien by the United States
277	Citizenship and Immigration Services, together with additional
278	documentation establishing that she or he has resided in the
279	state of residence shown on the application for at least 90
280	consecutive days before the date that the application is
281	submitted.
282	3.  An applicant for an agency or school license who is not
283	a United States citizen or permanent legal resident alien must
284	submit documentation issued by the United States Citizenship and
285	Immigration Services stating that she or he is lawfully in the
286	United States and is authorized to own and operate the type of
287	agency or school for which she or he is applying. An employment
288	authorization card issued by the United States Citizenship and
289	Immigration Services is not sufficient documentation.
290	(g)  Not be prohibited from purchasing or possessing a
291	firearm by state or federal law if the individual is applying
292	for a Class "G" license or a Class "K" license.
293	(2)  Each agency shall have a minimum of one physical
294	location within this state from which the normal business of the
295	agency is conducted, and this location shall be considered the
296	primary office for that agency in this state.
297	(a)  If an agency or branch office desires to change the
298	physical location of the business, as it appears on the agency
299	license, the department must be notified within 10 days after of
300	the change, and, except upon renewal, the fee prescribed in s.
301	493.6107 must be submitted for each license requiring revision.
302	Each license requiring revision must be returned with such
303	notification.
304	Section 4.  Subsection (3) of section 493.6107, Florida
305	Statutes, is amended to read:
306	493.6107  Fees.-
307	(3)  The fees set forth in this section must be paid by
308	certified check or money order or, at the discretion of the
309	department, by electronic funds transfer agency check at the
310	time the application is approved, except that the applicant for
311	a Class "G" or Class "M" license must pay the license fee at the
312	time the application is made. If a license is revoked or denied
313	or if the application is withdrawn, the license fee is
314	nonrefundable shall not be refunded.
315	Section 5.  Subsections (1) and (3) of section 493.6108,
316	Florida Statutes, are amended to read:
317	493.6108  Investigation of applicants by Department of
318	Agriculture and Consumer Services.-
319	(1)  Except as otherwise provided, prior to the issuance of
320	a license under this chapter, the department must investigate an
321	shall make an investigation of the applicant for a license under
322	this chapter before it may issue the license. The investigation
323	must shall include:
324	(a)1.  An examination of fingerprint records and police
325	records. If When a criminal history record check analysis of any
326	applicant under this chapter is performed by means of
327	fingerprint card identification, the time limitations prescribed
328	by s. 120.60(1) shall be tolled during the time the applicant's
329	fingerprint card is under review by the Department of Law
330	Enforcement or the United States Department of Justice, Federal
331	Bureau of Investigation.
332	2.  If a legible set of fingerprints, as determined by the
333	Department of Law Enforcement or the Federal Bureau of
334	Investigation, cannot be obtained after two attempts, the
335	Department of Agriculture and Consumer Services may determine
336	the applicant's eligibility based upon a criminal history record
337	check under the applicant's name conducted by the Department of
338	Law Enforcement if the and the Federal Bureau of Investigation.
339	A set of fingerprints are taken by a law enforcement agency or
340	the department and the applicant submits a written statement
341	signed by the fingerprint technician or a licensed physician
342	stating that there is a physical condition that precludes
343	obtaining a legible set of fingerprints or that the fingerprints
344	taken are the best that can be obtained is sufficient to meet
345	this requirement.
346	(b)  An inquiry to determine if the applicant has been
347	adjudicated incompetent under chapter 744 or has been committed
348	to a mental institution under chapter 394.
349	(c)  Such other investigation of the individual as the
350	department may deem necessary.
351	(3)  The department must shall also investigate the mental
352	history and current mental and emotional fitness of any Class
353	"G" or Class "K" applicant, and may deny a Class "G" or Class
354	"K" license to anyone who has a history of mental illness or
355	drug or alcohol abuse.
356	Section 6.  Subsections (2) and (4) of section 493.6111,
357	Florida Statutes, are amended to read:
358	493.6111  License; contents; identification card.-
359	(2)  Licenses shall be valid for a period of 2 years,
360	except for Class "A," Class "B," Class "AB," Class "K," Class
361	"R," and branch agency licenses, which shall be valid for a
362	period of 3 years.
363	(4)  Notwithstanding the existence of a valid Florida
364	corporate registration, an no agency or school licensee may not
365	conduct activities regulated under this chapter under any
366	fictitious name without prior written authorization from the
367	department to use that name in the conduct of activities
368	regulated under this chapter. The department may not authorize
369	the use of a name that which is so similar to that of a public
370	officer or agency, or of that used by another licensee, that the
371	public may be confused or misled thereby. The authorization for
372	the use of a fictitious name must shall require, as a condition
373	precedent to the use of such name, the filing of a certificate
374	of engaging in business under a fictitious name under s. 865.09.
375	A No licensee may not shall be permitted to conduct business
376	under more than one name except as separately licensed nor shall
377	the license be valid to protect any licensee who is engaged in
378	the business under any name other than that specified in the
379	license. An agency desiring to change its licensed name must
380	shall notify the department and, except upon renewal, pay a fee
381	not to exceed $30 for each license requiring revision including
382	those of all licensed employees except Class "D" or Class "G"
383	licensees. Upon the return of such licenses to the department,
384	revised licenses shall be provided.
385	Section 7.  Subsections (2) and (3) of section 493.6113,
386	Florida Statutes, are amended to read:
387	493.6113  Renewal application for licensure.-
388	(2)  At least No less than 90 days before prior to the
389	expiration date of the license, the department shall mail a
390	written notice to the last known mailing residence address of
391	the licensee for individual licensees and to the last known
392	agency address for agencies.
393	(3)  Each licensee is shall be responsible for renewing his
394	or her license on or before its expiration by filing with the
395	department an application for renewal accompanied by payment of
396	the prescribed license fee.
397	(a)  Each Class "B" Class "A," Class "B," or Class "R"
398	licensee shall additionally submit on a form prescribed by the
399	department a certification of insurance that which evidences
400	that the licensee maintains coverage as required under s.
401	493.6110.
402	(b)  Each Class "G" licensee shall additionally submit
403	proof that he or she has received during each year of the
404	license period a minimum of 4 hours of firearms recertification
405	training taught by a Class "K" licensee and has complied with
406	such other health and training requirements which the department
407	may adopt by rule. If proof of a minimum of 4 hours of annual
408	firearms recertification training cannot be provided, the
409	renewal applicant shall complete the minimum number of hours of
410	range and classroom training required at the time of initial
411	licensure.
412	(c)  Each Class "DS" or Class "RS" licensee shall
413	additionally submit the current curriculum, examination, and
414	list of instructors.
415	(d)  Each Class "K" licensee shall additionally submit one
416	of the certificates specified under s. 493.6105(6) as proof that
417	he or she remains certified to provide firearms instruction.
418	Section 8.  Subsection (8), paragraph (d) of subsection
419	(12), and subsection (16) of section 493.6115, Florida Statutes,
420	are amended to read:
421	493.6115  Weapons and firearms.-
422	(8)  A Class "G" applicant must satisfy the minimum
423	training criteria as set forth in s. 493.6105(5) 493.6105(6) and
424	as established by rule of the department.
425	(12)  The department may issue a temporary Class "G"
426	license, on a case-by-case basis, if:
427	(d)  The applicant has received approval from the
428	department subsequent to its conduct of a criminal history
429	record check as authorized in s. 493.6108(1) 493.6121(6).
430	(16)  If the criminal history record check program
431	referenced in s. 493.6108(1) 493.6121(6) is inoperable, the
432	department may issue a temporary "G" license on a case-by-case
433	basis, provided that the applicant has met all statutory
434	requirements for the issuance of a temporary "G" license as
435	specified in subsection (12), excepting the criminal history
436	record check stipulated there; provided, that the department
437	requires that the licensed employer of the applicant conduct a
438	criminal history record check of the applicant pursuant to
439	standards set forth in rule by the department, and provide to
440	the department an affidavit containing such information and
441	statements as required by the department, including a statement
442	that the criminal history record check did not indicate the
443	existence of any criminal history that would prohibit licensure.
444	Failure to properly conduct such a check, or knowingly providing
445	incorrect or misleading information or statements in the
446	affidavit constitutes shall constitute grounds for disciplinary
447	action against the licensed agency, including revocation of
448	license.
449	Section 9.  Present paragraph (u) of subsection (1) of
450	section 493.6118, Florida Statutes, is redesignated as paragraph
451	(v), and a new paragraph (u) is added to that subsection to
452	read:
453	493.6118  Grounds for disciplinary action.-
454	(1)  The following constitute grounds for which
455	disciplinary action specified in subsection (2) may be taken by
456	the department against any licensee, agency, or applicant
457	regulated by this chapter, or any unlicensed person engaged in
458	activities regulated under this chapter.
459	(u)  For a Class "G" or a Class "K" applicant or licensee,
460	being prohibited from purchasing or possessing a firearm by
461	state or federal law.
462	Section 10.  Present subsections (7) and (8) of section
463	493.6121, Florida Statutes, are renumbered as subsections (6)
464	and (7), respectively, and subsection (6) of that section is
465	amended, to read:
466	493.6121  Enforcement; investigation.-
467	(6)  The department shall be provided access to the program
468	that is operated by the Department of Law Enforcement, pursuant
469	to s. 790.065, for providing criminal history record information
470	to licensed gun dealers, manufacturers, and exporters. The
471	department may make inquiries, and shall receive responses in
472	the same fashion as provided under s. 790.065. The department
473	shall be responsible for payment to the Department of Law
474	Enforcement of the same fees as charged to others afforded
475	access to the program.
476	Section 11.  Subsection (3) of section 493.6202, Florida
477	Statutes, is amended to read:
478	493.6202  Fees.-
479	(3)  The fees set forth in this section must be paid by
480	certified check or money order or, at the discretion of the
481	department, by electronic funds transfer agency check at the
482	time the application is approved, except that the applicant for
483	a Class "G," Class "C," Class "CC," Class "M," or Class "MA"
484	license must pay the license fee at the time the application is
485	made. If a license is revoked or denied or if the application is
486	withdrawn, the license fee is nonrefundable shall not be
487	refunded.
488	Section 12.  Subsections (2), (4), and (6) of section
489	493.6203, Florida Statutes, are amended to read:
490	493.6203  License requirements.-In addition to the license
491	requirements set forth elsewhere in this chapter, each
492	individual or agency shall comply with the following additional
493	requirements:
494	(2)  An applicant for a Class "MA" license must shall have
495	2 years of lawfully gained, verifiable, full-time experience, or
496	training in:
497	(a)  Private investigative work or related fields of work
498	that provided equivalent experience or training;
499	(b)  Work as a Class "CC" licensed intern;
500	(c)  Any combination of paragraphs (a) and (b);
501	(d)  Experience described in paragraph (a) for 1 year and
502	experience described in paragraph (e) for 1 year;
503	(e)  No more than 1 year using:
504	1.  College coursework related to criminal justice,
505	criminology, or law enforcement administration; or
506	2.  Successfully completed law enforcement-related training
507	received from any federal, state, county, or municipal agency;
508	or
509	(f)  Experience described in paragraph (a) for 1 year and
510	work in a managerial or supervisory capacity for 1 year.
511
512	However, experience in performing bodyguard services is not
513	creditable toward the requirements of this subsection.
514	(4)  An applicant for a Class "C" license shall have 2
515	years of lawfully gained, verifiable, full-time experience, or
516	training in one, or a combination of more than one, of the
517	following:
518	(a)  Private investigative work or related fields of work
519	that provided equivalent experience or training.
520	(b)  College coursework related to criminal justice,
521	criminology, or law enforcement administration, or successful
522	completion of any law enforcement-related training received from
523	any federal, state, county, or municipal agency, except that no
524	more than 1 year may be used from this category.
525	(c)  Work as a Class "CC" licensed intern.
526
527	However, experience in performing bodyguard services is not
528	creditable toward the requirements of this subsection.
529	(6)(a)  A Class "CC" licensee must shall serve an
530	internship under the direction and control of a designated
531	sponsor, who is a Class "C," Class "MA," or Class "M" licensee.
532	(b)  Effective January 1, 2012 September 1, 2008, before
533	submission of an application to the department, the an applicant
534	for a Class "CC" license must have completed a minimum of 40 at
535	least 24 hours of professional training a 40-hour course
536	pertaining to general investigative techniques and this chapter,
537	which course is offered by a state university or by a school,
538	community college, college, or university under the purview of
539	the Department of Education, and the applicant must pass an
540	examination. The training must be provided in two parts, one 24-
541	hour course and one 16-hour course. The certificate evidencing
542	satisfactory completion of the 40 at least 24 hours of
543	professional training a 40-hour course must be submitted with
544	the application for a Class "CC" license. The remaining 16 hours
545	must be completed and an examination passed within 180 days. If
546	documentation of completion of the required training is not
547	submitted within the specified timeframe, the individual's
548	license is automatically suspended or his or her authority to
549	work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
550	until such time as proof of certificate of completion is
551	provided to the department. The training course specified in
552	this paragraph may be provided by face-to-face presentation,
553	online technology, or a home study course in accordance with
554	rules and procedures of the Department of Education. The
555	administrator of the examination must verify the identity of
556	each applicant taking the examination.
557	1.  Upon an applicant's successful completion of each part
558	of the approved training course and passage of any required
559	examination, the school, community college, college, or
560	university shall issue a certificate of completion to the
561	applicant. The certificates must be on a form established by
562	rule of the department.
563	2.  The department shall establish by rule the general
564	content of the professional training course and the examination
565	criteria.
566	3.  If the license of an applicant for relicensure is has
567	been invalid for more than 1 year, the applicant must complete
568	the required training and pass any required examination.
569	(c)  An individual who submits an application for a Class
570	"CC" license on or after September 1, 2008, through December 31,
571	2011, who has not completed the 16-hour course must submit proof
572	of successful completion of the course within 180 days after the
573	date the application is submitted. If documentation of
574	completion of the required training is not submitted by that
575	date, the individual's license shall be automatically suspended
576	until proof of the required training is submitted to the
577	department. An individual licensed on or before August 31, 2008,
578	is not required to complete additional training hours in order
579	to renew an active license beyond the total required hours, and
580	the timeframe for completion in effect at the time he or she was
581	licensed applies.
582	Section 13.  Subsection (3) of section 493.6302, Florida
583	Statutes, is amended to read:
584	493.6302  Fees.-
585	(3)  The fees set forth in this section must be paid by
586	certified check or money order or, at the discretion of the
587	department, by electronic funds transfer agency check at the
588	time the application is approved, except that the applicant for
589	a Class "D," Class "G," Class "M," or Class "MB" license must
590	pay the license fee at the time the application is made. If a
591	license is revoked or denied or if the application is withdrawn,
592	the license fee is nonrefundable shall not be refunded.
593	Section 14.  Subsection (4) of section 493.6303, Florida
594	Statutes, is amended to read:
595	493.6303  License requirements.-In addition to the license
596	requirements set forth elsewhere in this chapter, each
597	individual or agency must shall comply with the following
598	additional requirements:
599	(4)(a)  Effective January 1, 2012, an applicant for a Class
600	"D" license must submit proof of successful completion of
601	complete a minimum of 40 hours of professional training at a
602	school or training facility licensed by the department. The
603	training must be provided in two parts, one 24-hour course and
604	one 16-hour course. The department shall by rule establish the
605	general content and number of hours of each subject area to be
606	taught.
607	(b)  An individual who submits an application for a Class
608	"D" license on or after January 1, 2007, through December 31,
609	2011, who has not completed the 16-hour course must submit proof
610	of successful completion of the course within 180 days after the
611	date the application is submitted. If documentation of
612	completion of the required training is not submitted by that
613	date, the individual's license shall be automatically suspended
614	until proof of the required training is submitted to the
615	department. A person licensed before January 1, 2007, is not
616	required to complete additional training hours in order to renew
617	an active license beyond the total required hours, and the
618	timeframe for completion in effect at the time he or she was
619	licensed applies. An applicant may fulfill the training
620	requirement prescribed in paragraph (a) by submitting proof of:
621	1.  Successful completion of the total number of required
622	hours of training before initial application for a Class "D"
623	license; or
624	2.  Successful completion of 24 hours of training before
625	initial application for a Class "D" license and successful
626	completion of the remaining 16 hours of training within 180 days
627	after the date that the application is submitted. If
628	documentation of completion of the required training is not
629	submitted within the specified timeframe, the individual's
630	license is automatically suspended until such time as proof of
631	the required training is provided to the department.
632	(c)  An individual However, any person whose license is
633	suspended or has been revoked, suspended pursuant to paragraph
634	(b) subparagraph 2., or is expired for at least 1 year, or
635	longer is considered, upon reapplication for a license, an
636	initial applicant and must submit proof of successful completion
637	of 40 hours of professional training at a school or training
638	facility licensed by the department as provided prescribed in
639	paragraph (a) before a license is will be issued. Any person
640	whose license was issued before January 1, 2007, and whose
641	license has been expired for less than 1 year must, upon
642	reapplication for a license, submit documentation of completion
643	of the total number of hours of training prescribed by law at
644	the time her or his initial license was issued before another
645	license will be issued. This subsection does not require an
646	individual licensed before January 1, 2007, to complete
647	additional training hours in order to renew an active license,
648	beyond the required total amount of training within the
649	timeframe prescribed by law at the time she or he was licensed.
650	Section 15.  Subsection (2) of section 493.6304, Florida
651	Statutes, is amended to read:
652	493.6304  Security officer school or training facility.-
653	(2)  The application shall be signed and verified by the
654	applicant under oath as provided in s. 92.525 notarized and must
655	shall contain, at a minimum, the following information:
656	(a)  The name and address of the school or training
657	facility and, if the applicant is an individual, her or his
658	name, address, and social security or alien registration number.
659	(b)  The street address of the place at which the training
660	is to be conducted.
661	(c)  A copy of the training curriculum and final
662	examination to be administered.
663	Section 16.  Subsections (7) and (8) of section 493.6401,
664	Florida Statutes, are amended to read:
665	493.6401  Classes of licenses.-
666	(7)  Any person who operates a recovery agent repossessor
667	school or training facility or who conducts an Internet-based
668	training course or a correspondence training course must have a
669	Class "RS" license.
670	(8)  Any individual who teaches or instructs at a Class
671	"RS" recovery agent repossessor school or training facility
672	shall have a Class "RI" license.
673	Section 17.  Subsections (1) and (3) of section 493.6402,
674	Florida Statutes, are amended to read:
675	493.6402  Fees.-
676	(1)  The department shall establish by rule biennial
677	license fees that which shall not exceed the following:
678	(a)  Class "R" license-recovery agency: $450.
679	(b)  Class "RR" license-branch office: $125.
680	(c)  Class "MR" license-recovery agency manager: $75.
681	(d)  Class "E" license-recovery agent: $75.
682	(e)  Class "EE" license-recovery agent intern: $60.
683	(f)  Class "RS" license-recovery agent license-repossessor
684	school or training facility: $60.
685	(g)  Class "RI" license-recovery agent license-repossessor
686	school or training facility instructor: $60.
687	(3)  The fees set forth in this section must be paid by
688	certified check or money order, or, at the discretion of the
689	department, by or electronic funds transfer agency check at the
690	time the application is approved, except that the applicant for
691	a Class "E," Class "EE," or Class "MR" license must pay the
692	license fee at the time the application is made. If a license is
693	revoked or denied, or if an application is withdrawn, the
694	license fee is nonrefundable shall not be refunded.
695	Section 18.  Section 493.6406, Florida Statutes, is amended
696	to read:
697	493.6406  Recovery agent Repossession services school or
698	training facility.-
699	(1)  Any school, training facility, or instructor who
700	offers the training outlined in s. 493.6403(2) for Class "E" or
701	Class "EE" applicants shall, before licensure of such school,
702	training facility, or instructor, file with the department an
703	application accompanied by an application fee in an amount to be
704	determined by rule, not to exceed $60. The fee shall not be
705	refundable. This training may be offered as face-to-face
706	training, Internet-based training, or correspondence training.
707	(2)  The application must shall be signed and verified by
708	the applicant under oath as provided in s. 92.525 notarized and
709	shall contain, at a minimum, the following information:
710	(a)  The name and address of the school or training
711	facility and, if the applicant is an individual, his or her
712	name, address, and social security or alien registration number.
713	(b)  The street address of the place at which the training
714	is to be conducted or the street address of the Class "RS"
715	school offering Internet-based or correspondence training.
716	(c)  A copy of the training curriculum and final
717	examination to be administered.
718	(3)  The department shall adopt rules establishing the
719	criteria for approval of schools, training facilities, and
720	instructors.
721	Section 19.  Paragraphs (j) through (z) of subsection (1)
722	of section 500.03, Florida Statutes, are redesignated as
723	paragraphs (l) through (bb), respectively, present paragraphs
724	(n) and (p) are amended, and new paragraphs (j) and (k) are
725	added to that subsection, to read:
726	500.03  Definitions; construction; applicability.-
727	(1)  For the purpose of this chapter, the term:
728	(j)  "Cottage food operation" means a natural person who
729	produces or packages cottage food products at his or her
730	residence and sells such products in accordance with s. 500.80.
731	(k)  "Cottage food product" means food that is not a
732	potentially hazardous food as defined by department rule which
733	is sold by a cottage food operation in accordance with s.
734	500.80.
735	(p)(n)  "Food establishment" means any factory, food
736	outlet, or any other facility manufacturing, processing,
737	packing, holding, or preparing food or selling food at wholesale
738	or retail. The term does not include any business or activity
739	that is regulated under s. 500.80, chapter 509, or chapter 601.
740	The term includes tomato packinghouses and repackers but does
741	not include any other establishments that pack fruits and
742	vegetables in their raw or natural states, including those
743	fruits or vegetables that are washed, colored, or otherwise
744	treated in their unpeeled, natural form before they are
745	marketed.
746	(r)(p)  "Food service establishment" means any place where
747	food is prepared and intended for individual portion service,
748	and includes the site at which individual portions are provided.
749	The term includes any such place regardless of whether
750	consumption is on or off the premises and regardless of whether
751	there is a charge for the food. The term includes delicatessens
752	that offer prepared food in individual service portions. The
753	term does not include schools, institutions, fraternal
754	organizations, private homes where food is prepared or served
755	for individual family consumption, retail food stores, the
756	location of food vending machines, cottage food operations, and
757	supply vehicles, nor does the term include a research and
758	development test kitchen limited to the use of employees and
759	which is not open to the general public.
760	Section 20.  Subsection (1) of section 500.121, Florida
761	Statutes, is amended to read:
762	500.121  Disciplinary procedures.-
763	(1)  In addition to the suspension procedures provided in
764	s. 500.12, if applicable, the department may impose a fine not
765	to exceed exceeding $5,000 against any retail food store, or
766	food establishment, or cottage food operation that violates has
767	violated this chapter, which fine, when imposed and paid, shall
768	be deposited by the department into the General Inspection Trust
769	Fund. The department may revoke or suspend the permit of any
770	such retail food store or food establishment if it is satisfied
771	that the retail food store or food establishment has:
772	(a)  Violated any of the provisions of this chapter.
773	(b)  Violated or aided or abetted in the violation of any
774	law of this state governing or applicable to retail food stores
775	or food establishments or any lawful rules of the department.
776	(c)  Knowingly committed, or been a party to, any material
777	fraud, misrepresentation, conspiracy, collusion, trick, scheme,
778	or device whereby any other person, lawfully relying upon the
779	word, representation, or conduct of a retail food store or food
780	establishment, acts to her or his injury or damage.
781	(d)  Committed any act or conduct of the same or different
782	character than that enumerated which constitutes fraudulent or
783	dishonest dealing.
784	Section 21.  Section 500.80, Florida Statutes, is created
785	to read:
786	500.80  Cottage food operations.-
787	(1)(a)  A cottage food operation must comply with the
788	applicable requirements of this chapter but is exempt from the
789	permitting requirements of s. 500.12 if the cottage food
790	operation complies with this section and has annual gross sales
791	of cottage food products that do not exceed $15,000.
792	(b)  For purposes of this subsection, a cottage food
793	operation's annual gross sales include all sales of cottage food
794	products at any location, regardless of the types of products
795	sold or the number of persons involved in the operation. A
796	cottage food operation must provide the department, upon
797	request, with written documentation to verify the operation's
798	annual gross sales.
799	(2)  A cottage food operation may not sell or offer for
800	sale cottage food products over the Internet, by mail order, or
801	at wholesale.
802	(3)  A cottage food operation may only sell cottage food
803	products which are prepackaged with a label affixed that
804	contains the following information:
805	(a)  The name and address of the cottage food operation.
806	(b)  The name of the cottage food product.
807	(c)  The ingredients of the cottage food product, in
808	descending order of predominance by weight.
809	(d)  The net weight or net volume of the cottage food
810	product.
811	(e)  Allergen information as specified by federal labeling
812	requirements.
813	(f)  If any nutritional claim is made, appropriate
814	nutritional information as specified by federal labeling
815	requirements.
816	(g)  The following statement printed in at least 10-point
817	type in a color that provides a clear contrast to the background
818	of the label: "Made in a cottage food operation that is not
819	subject to Florida's food safety regulations."
820	(4)  A cottage food operation may only sell cottage food
821	products that it stores on the premises of the cottage food
822	operation.
823	(5)  This section does not exempt a cottage food operation
824	from any state or federal tax law, rule, regulation, or
825	certificate that applies to all cottage food operations.
826	(6)  A cottage food operation must comply with all
827	applicable county and municipal laws and ordinances regulating
828	the preparation, processing, storage, and sale of cottage food
829	products by a cottage food operation or from a person's
830	residence.
831	(7)(a)  The department may investigate any complaint which
832	alleges that a cottage food operation has violated an applicable
833	provision of this chapter or rule adopted under this chapter.
834	(b)  Only upon receipt of a complaint, the department's
835	authorized officer or employee may enter and inspect the
836	premises of a cottage food operation to determine compliance
837	with this chapter and department rules, as applicable. A cottage
838	food operation's refusal to permit the department's authorized
839	officer or employee entry to the premises or to conduct the
840	inspection is grounds for disciplinary action pursuant to s.
841	500.121.
842	(8)  This section does not apply to a person operating
843	under a food permit issued pursuant to s. 500.12.
844	Section 22.  Subsections (2) and (4) of section 501.145,
845	Florida Statutes, are amended to read:
846	501.145  Bedding Label Act.-
847	(2)  DEFINITIONS.-For the purpose of this section, the
848	term:
849	(a)  "Bedding" means any mattress, box spring, pillow, or
850	cushion made of leather or any other material which is or can be
851	stuffed or filled in whole or in part with any substance or
852	material, which can be used by any human being for sleeping or
853	reclining purposes.
854	(b)  "Department" means the Department of Agriculture and
855	Consumer Services.
856	(c)  "Enforcing authority" means the Department of
857	Agriculture and Consumer Services or the Department of Legal
858	Affairs.
859	(4)  PENALTIES.-The department enforcing authority may
860	bring an action for injunctive relief against any person who
861	violates the provisions of this section. Any person who
862	knowingly sells bedding which contains used material that is not
863	labeled in accordance with this section commits a misdemeanor of
864	the second degree, punishable as provided in s. 775.082 or s.
865	775.083.
866	Section 23.  Paragraph (b) of subsection (1) and subsection
867	(8) of section 501.160, Florida Statutes, are amended to read:
868	501.160  Rental or sale of essential commodities during a
869	declared state of emergency; prohibition against unconscionable
870	prices.-
871	(1)  As used in this section:
872	(b)  It is prima facie evidence that a price is
873	unconscionable if:
874	1.  The amount charged represents a gross disparity between
875	the price of the commodity or rental or lease of any dwelling
876	unit or self-storage facility that is the subject of the offer
877	or transaction and the average price at which that commodity or
878	dwelling unit or self-storage facility was rented, leased, sold,
879	or offered for rent or sale in the usual course of business
880	during the 30 days immediately prior to a declaration of a state
881	of emergency, unless and the increase in the amount charged is
882	not attributable to additional costs incurred in connection with
883	the rental or sale of the commodity or rental or lease of any
884	dwelling unit or self-storage facility, or regional, national or
885	international market trends; or
886	2.  The amount charged grossly exceeds the average price at
887	which the same or similar commodity was readily obtainable in
888	the trade area during the 30 days immediately prior to a
889	declaration of a state of emergency, unless and the increase in
890	the amount charged is not attributable to additional costs
891	incurred in connection with the rental or sale of the commodity
892	or rental or lease of any dwelling unit or self-storage
893	facility, or regional, national or international market trends.
894	(8)  Any violation of this section may be enforced by the
895	Department of Agriculture and Consumer Services, the office of
896	the state attorney, or the Department of Legal Affairs.
897	Section 24.  Subsection (2) of section 525.01, Florida
898	Statutes, is amended to read:
899	525.01  Gasoline and oil to be inspected.-
900	(2)  All petroleum fuels are shall be subject to inspection
901	and analysis by the department. Before selling or offering for
902	sale in this state any petroleum fuel, all manufacturers,
903	terminal suppliers, wholesalers, and importers as defined in s.
904	206.01 jobbers shall file with the department:
905	(a)  An affidavit stating that they desire to do business
906	in this state, and the name and address of the manufacturer of
907	the petroleum fuel.
908	(b)  An affidavit stating that the petroleum fuel is in
909	conformity with the standards prescribed by department rule.
910	Section 25.  Section 526.06, Florida Statutes, is amended
911	to read:
912	526.06  Mixing, blending, compounding, or adulteration of
913	liquid fuels of same manufacturer prohibited; sale of gasoline
914	blended with ethanol.-A It is unlawful for any person may not to
915	mix, blend, compound, or adulterate the liquid fuel, lubricating
916	oil, grease, or similar product of a manufacturer or distributor
917	with a liquid fuel, lubricating oil, grease, or similar product
918	of the same manufacturer or distributor of a character or nature
919	different from the character or nature of the liquid fuel,
920	lubricating oil, grease, or similar product so mixed, blended,
921	compounded, or adulterated, and expose for sale, offer for sale,
922	or sell the same as the unadulterated product of such
923	manufacturer or distributor or as the unadulterated product of
924	any other manufacturer or distributor. However, nothing in this
925	chapter does not shall be construed to prevent the lawful owner
926	of such products from applying his, her, or its own trademark,
927	trade name, or symbol to any product or material. Ethanol-
928	blended fuels which contain unleaded gasoline and up to 10
929	percent denatured ethanol by volume may be sold at retail
930	service stations for use in motor vehicles. To provide retail
931	service stations flexibility during the transition period to
932	ethanol-blended fuels, the T50 and TV/L specifications for
933	gasoline containing between 9 and 10 percent ethanol shall be
934	applied to all gasoline containing between 1 and 10 percent
935	ethanol by volume provided the last three or fewer deliveries
936	contained between 9 and 10 percent ethanol by volume. If there
937	is no reasonable availability of ethanol or the price of ethanol
938	exceeds the price of gasoline, the T50 and TV/L specifications
939	for gasoline containing between 9 and 10 percent ethanol shall
940	be applicable for gasoline containing between 1 and 10 percent
941	ethanol for up to three deliveries of fuel.
942	Section 26.  Paragraph (f) of subsection (3) of section
943	539.001, Florida Statutes, is amended to read:
944	539.001  The Florida Pawnbroking Act.-
945	(3)  LICENSE REQUIRED.-
946	(f)  Any person applying for or renewing a local
947	occupational license to engage in business as a pawnbroker must
948	exhibit a current license from the agency before the local
949	business tax receipt occupational license may be issued or
950	reissued.
951	Section 27.  Subsection (7) of section 681.102, Florida
952	Statutes, is amended, and present subsections (8) through (23)
953	of that section are renumbered as subsections (7) through (22),
954	respectively, to read:
955	681.102  Definitions.-As used in this chapter, the term:
956	(7)  "Division" means the Division of Consumer Services of
957	the Department of Agriculture and Consumer Services.
958	Section 28.  Subsection (3) of section 681.103, Florida
959	Statutes, is amended to read:
960	681.103  Duty of manufacturer to conform a motor vehicle to
961	the warranty.-
962	(3)  At the time of acquisition, the manufacturer shall
963	inform the consumer clearly and conspicuously in writing how and
964	where to file a claim with a certified procedure if such
965	procedure has been established by the manufacturer pursuant to
966	s. 681.108. The nameplate manufacturer of a recreational vehicle
967	shall, at the time of vehicle acquisition, inform the consumer
968	clearly and conspicuously in writing how and where to file a
969	claim with a program pursuant to s. 681.1096. The manufacturer
970	shall provide to the dealer and, at the time of acquisition, the
971	dealer shall provide to the consumer a written statement that
972	explains the consumer's rights under this chapter. The written
973	statement shall be prepared by the Department of Legal Affairs
974	and shall contain a toll-free number for the department which
975	division that the consumer can contact to obtain information
976	regarding the consumer's rights and obligations under this
977	chapter or to commence arbitration. If the manufacturer obtains
978	a signed receipt for timely delivery of sufficient quantities of
979	this written statement to meet the dealer's vehicle sales
980	requirements, it shall constitute prima facie evidence of
981	compliance with this subsection by the manufacturer. The
982	consumer's signed acknowledgment of receipt of materials
983	required under this subsection shall constitute prima facie
984	evidence of compliance by the manufacturer and dealer. The form
985	of the acknowledgments shall be approved by the Department of
986	Legal Affairs, and the dealer shall maintain the consumer's
987	signed acknowledgment for 3 years.
988	Section 29.  Section 681.108, Florida Statutes, is amended
989	to read:
990	681.108  Dispute-settlement procedures.-
991	(1)  If a manufacturer has established a procedure that,
992	which the department division has certified as substantially
993	complying with the provisions of 16 C.F.R. part 703, in effect
994	October 1, 1983, and with the provisions of this chapter and the
995	rules adopted under this chapter, and has informed the consumer
996	how and where to file a claim with such procedure pursuant to s.
997	681.103(3), the provisions of s. 681.104(2) apply to the
998	consumer only if the consumer has first resorted to such
999	procedure. The decisionmakers for a certified procedure shall,
1000	in rendering decisions, take into account all legal and
1001	equitable factors germane to a fair and just decision,
1002	including, but not limited to, the warranty; the rights and
1003	remedies conferred under 16 C.F.R. part 703, in effect October
1004	1, 1983; the provisions of this chapter; and any other equitable
1005	considerations appropriate under the circumstances.
1006	Decisionmakers and staff of a procedure shall be trained in the
1007	provisions of this chapter and in 16 C.F.R. part 703, in effect
1008	October 1, 1983. In an action brought by a consumer concerning
1009	an alleged nonconformity, the decision that results from a
1010	certified procedure is admissible in evidence.
1011	(2)  A manufacturer may apply to the department division
1012	for certification of its procedure. After receipt and evaluation
1013	of the application, the department division shall certify the
1014	procedure or notify the manufacturer of any deficiencies in the
1015	application or the procedure.
1016	(3)  A certified procedure or a procedure of an applicant
1017	seeking certification shall submit to the department division a
1018	copy of each settlement approved by the procedure or decision
1019	made by a decisionmaker within 30 days after the settlement is
1020	reached or the decision is rendered. The decision or settlement
1021	must contain at a minimum the:
1022	(a)  Name and address of the consumer;
1023	(b)  Name of the manufacturer and address of the dealership
1024	from which the motor vehicle was purchased;
1025	(c)  Date the claim was received and the location of the
1026	procedure office that handled the claim;
1027	(d)  Relief requested by the consumer;
1028	(e)  Name of each decisionmaker rendering the decision or
1029	person approving the settlement;
1030	(f)  Statement of the terms of the settlement or decision;
1031	(g)  Date of the settlement or decision; and
1032	(h)  Statement of whether the decision was accepted or
1033	rejected by the consumer.
1034	(4)  Any manufacturer establishing or applying to establish
1035	a certified procedure must file with the department division a
1036	copy of the annual audit required under the provisions of 16
1037	C.F.R. part 703, in effect October 1, 1983, together with any
1038	additional information required for purposes of certification,
1039	including the number of refunds and replacements made in this
1040	state pursuant to the provisions of this chapter by the
1041	manufacturer during the period audited.
1042	(5)  The department division shall review each certified
1043	procedure at least annually, prepare an annual report evaluating
1044	the operation of certified procedures established by motor
1045	vehicle manufacturers and procedures of applicants seeking
1046	certification, and, for a period not to exceed 1 year, shall
1047	grant certification to, or renew certification for, those
1048	manufacturers whose procedures substantially comply with the
1049	provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
1050	with the provisions of this chapter and rules adopted under this
1051	chapter. If certification is revoked or denied, the department
1052	division shall state the reasons for such action. The reports
1053	and records of actions taken with respect to certification shall
1054	be public records.
1055	(6)  A manufacturer whose certification is denied or
1056	revoked is entitled to a hearing pursuant to chapter 120.
1057	(7)  If federal preemption of state authority to regulate
1058	procedures occurs, the provisions of subsection (1) concerning
1059	prior resort do not apply.
1060	(8)  The department may division shall adopt rules to
1061	administer implement this section.
1062	Section 30.  Section 681.109, Florida Statutes, is amended
1063	to read:
1064	681.109  Florida New Motor Vehicle Arbitration Board;
1065	dispute eligibility.-
1066	(1)  If a manufacturer has a certified procedure, a
1067	consumer claim arising during the Lemon Law rights period must
1068	be filed with the certified procedure no later than 60 days
1069	after the expiration of the Lemon Law rights period. If a
1070	decision is not rendered by the certified procedure within 40
1071	days after of filing, the consumer may apply to the department
1072	division to have the dispute removed to the board for
1073	arbitration.
1074	(2)  If a manufacturer has a certified procedure, a
1075	consumer claim arising during the Lemon Law rights period must
1076	be filed with the certified procedure no later than 60 days
1077	after the expiration of the Lemon Law rights period. If a
1078	consumer is not satisfied with the decision or the
1079	manufacturer's compliance therewith, the consumer may apply to
1080	the department division to have the dispute submitted to the
1081	board for arbitration. A manufacturer may not seek review of a
1082	decision made under its procedure.
1083	(3)  If a manufacturer does not have a has no certified
1084	procedure or if the a certified procedure does not have
1085	jurisdiction to resolve the dispute, a consumer may apply
1086	directly to the department division to have the dispute
1087	submitted to the board for arbitration.
1088	(4)  A consumer must request arbitration before the board
1089	with respect to a claim arising during the Lemon Law rights
1090	period no later than 60 days after the expiration of the Lemon
1091	Law rights period, or within 30 days after the final action of a
1092	certified procedure, whichever date occurs later.
1093	(5)  The department division shall screen all requests for
1094	arbitration before the board to determine eligibility. The
1095	consumer's request for arbitration before the board shall be
1096	made on a form prescribed by the department. The department
1097	division shall forward to the board all disputes that the
1098	department division determines are potentially entitled to
1099	relief under this chapter.
1100	(6)  The department division may reject a dispute that it
1101	determines to be fraudulent or outside the scope of the board's
1102	authority. Any dispute deemed by the department division to be
1103	ineligible for arbitration by the board due to insufficient
1104	evidence may be reconsidered upon the submission of new
1105	information regarding the dispute. Following a second review,
1106	The department, after a second review, division may reject a
1107	dispute if the evidence is clearly insufficient to qualify for
1108	relief. If the department rejects a dispute, it must provide
1109	notice of the rejection and a brief explanation of the reason
1110	for rejection Any dispute rejected by the division shall be
1111	forwarded to the department and a copy shall be sent by
1112	registered mail to the consumer and to the manufacturer,
1113	containing a brief explanation as to the reason for rejection.
1114	(7)  If the department division rejects a dispute, the
1115	consumer may file a lawsuit to enforce the remedies provided
1116	under this chapter. In any civil action arising under this
1117	chapter and relating to a matter considered by the department
1118	division, any determination made to reject a dispute is
1119	admissible in evidence.
1120	(8)  The department may shall have the authority to adopt
1121	reasonable rules to administer carry out the provisions of this
1122	section.
1123	Section 31.  Subsections (2), (3), (4), (5), (9), (11), and
1124	(12) of section 681.1095, Florida Statutes, are amended, and
1125	subsection (17) is added to that section, to read:
1126	681.1095  Florida New Motor Vehicle Arbitration Board;
1127	creation and function.-
1128	(2)  The board boards shall hear cases in various locations
1129	throughout the state so that any consumer whose dispute is
1130	approved for arbitration by the department division may attend
1131	an arbitration hearing at a reasonably convenient location and
1132	present a dispute orally. Hearings shall be conducted by panels
1133	of three board members assigned by the department. A majority
1134	vote of the three-member board panel shall be required to render
1135	a decision. Arbitration proceedings under this section shall be
1136	open to the public on reasonable and nondiscriminatory terms.
1137	(3)  Each region of the board shall consist of up to eight
1138	members. The members of the board shall construe and apply the
1139	provisions of this chapter, and rules adopted thereunder, in
1140	making their decisions. An administrator and a secretary shall
1141	be assigned to each region of the board by the Department of
1142	Legal Affairs. At least one member of the each board in each
1143	region must have be a person with expertise in motor vehicle
1144	mechanics. A member may must not be employed by a manufacturer
1145	or a franchised motor vehicle dealer or be a staff member, a
1146	decisionmaker, or a consultant for a procedure. Board members
1147	shall be trained in the application of this chapter and any
1148	rules adopted under this chapter. Members of the board, shall be
1149	reimbursed for travel expenses pursuant to s. 112.061, and shall
1150	be compensated at a rate or wage prescribed by the Attorney
1151	General and are entitled to reimbursement for per diem and
1152	travel expenses pursuant to s. 112.061.
1153	(4)  Before filing a civil action on a matter subject to s.
1154	681.104, the consumer must first submit the dispute to the
1155	department division, and to the board if such dispute is deemed
1156	eligible for arbitration.
1157	(5)  Manufacturers shall submit to arbitration conducted by
1158	the board if such arbitration is requested by a consumer and the
1159	dispute is deemed eligible for arbitration by the department
1160	division pursuant to s. 681.109.
1161	(9)  The decision of the board shall be sent by any method
1162	providing a delivery confirmation registered mail to the
1163	consumer and the manufacturer, and shall contain written
1164	findings of fact and rationale for the decision. If the decision
1165	is in favor of the consumer, the manufacturer must, within 40
1166	days after receipt of the decision, comply with the terms of the
1167	decision. Compliance occurs on the date the consumer receives
1168	delivery of an acceptable replacement motor vehicle or the
1169	refund specified in the arbitration award. In any civil action
1170	arising under this chapter and relating to a dispute arbitrated
1171	before the board, any decision by the board is admissible in
1172	evidence.
1173	(11)  All provisions in This section and s. 681.109
1174	pertaining to compulsory arbitration before the board, the
1175	dispute eligibility screening by the department division, the
1176	proceedings and decisions of the board, and any appeals thereof,
1177	are exempt from the provisions of chapter 120.
1178	(12)  An appeal of a decision by the board to the circuit
1179	court by a consumer or a manufacturer shall be by trial de novo.
1180	In a written petition to appeal a decision by the board, the
1181	appealing party must state the action requested and the grounds
1182	relied upon for appeal. Within 15 30 days after of final
1183	disposition of the appeal, the appealing party shall furnish the
1184	department with notice of such disposition and, upon request,
1185	shall furnish the department with a copy of the settlement or
1186	the order or judgment of the court.
1187	(17)  The department may adopt rules to administer this
1188	section.
1189	Section 32.  Subsections (2) and (4) of section 681.1096,
1190	Florida Statutes, are amended to read:
1191	681.1096  RV Mediation and Arbitration Program; creation
1192	and qualifications.-
1193	(2)  Each manufacturer of a recreational vehicle involved
1194	in a dispute that is determined eligible under this chapter,
1195	including chassis and component manufacturers that which
1196	separately warrant the chassis and components and that which
1197	otherwise meet the definition of manufacturer set forth in s.
1198	681.102(13) 681.102(14), shall participate in a mediation and
1199	arbitration program that is deemed qualified by the department.
1200	(4)  The department shall monitor the program for
1201	compliance with this chapter. If the program is determined not
1202	qualified or if qualification is revoked, then disputes shall be
1203	subject to the provisions of ss. 681.109 and 681.1095. If the
1204	program is determined not qualified or if qualification is
1205	revoked as to a manufacturer, all those manufacturers
1206	potentially involved in the eligible consumer dispute shall be
1207	required to submit to arbitration conducted by the board if such
1208	arbitration is requested by a consumer and the dispute is deemed
1209	eligible for arbitration by the department division pursuant to
1210	s. 681.109. A consumer having a dispute involving one or more
1211	manufacturers for which the program has been determined not
1212	qualified, or for which qualification has been revoked, is not
1213	required to submit the dispute to the program irrespective of
1214	whether the program may be qualified as to some of the
1215	manufacturers potentially involved in the dispute.
1216	Section 33.  Subsection (2) of section 681.112, Florida
1217	Statutes, is amended to read:
1218	681.112  Consumer remedies.-
1219	(2)  An action brought under this chapter must be commenced
1220	within 1 year after the expiration of the Lemon Law rights
1221	period, or, if a consumer resorts to an informal dispute-
1222	settlement procedure or submits a dispute to the department
1223	division or board, within 1 year after the final action of the
1224	procedure, department division, or board.
1225	Section 34.  Subsection (1) of section 681.117, Florida
1226	Statutes, is amended to read:
1227	681.117  Fee.-
1228	(1)  A $2 fee shall be collected by a motor vehicle dealer,
1229	or by a person engaged in the business of leasing motor
1230	vehicles, from the consumer at the consummation of the sale of a
1231	motor vehicle or at the time of entry into a lease agreement for
1232	a motor vehicle. Such fees shall be remitted to the county tax
1233	collector or private tag agency acting as agent for the
1234	Department of Revenue. If the purchaser or lessee removes the
1235	motor vehicle from the state for titling and registration
1236	outside this state, the fee shall be remitted to the Department
1237	of Revenue. All fees, less the cost of administration, shall be
1238	transferred monthly to the Department of Legal Affairs for
1239	deposit into the Motor Vehicle Warranty Trust Fund. The
1240	Department of Legal Affairs shall distribute monthly an amount
1241	not exceeding one-fourth of the fees received to the Division of
1242	Consumer Services of the Department of Agriculture and Consumer
1243	Services to carry out the provisions of ss. 681.108 and 681.109.
1244	The Department of Legal Affairs shall contract with the Division
1245	of Consumer Services for payment of services performed by the
1246	division pursuant to ss. 681.108 and 681.109.
1247	Section 35.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.