Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1018
       
       
       
       
       
       
                                Ì965906AÎ965906                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) of section
    6  493.6108, Florida Statutes, is amended to read:
    7         493.6108 Investigation of applicants by Department of
    8  Agriculture and Consumer Services.—
    9         (1) Except as otherwise provided, the department must
   10  investigate an applicant for a license under this chapter before
   11  it may issue the license. The investigation must include:
   12         (a)1. An examination of fingerprint records and police
   13  records. If a criminal history record check of an any applicant
   14  under this chapter is performed by means of fingerprint
   15  identification, the time limitations prescribed by s. 120.60(1)
   16  shall be tolled while during the time the applicant’s
   17  fingerprints are under review by the Department of Law
   18  Enforcement or the United States Department of Justice, Federal
   19  Bureau of Investigation.
   20         2. If a legible set of fingerprints, as determined by the
   21  Department of Law Enforcement or the Federal Bureau of
   22  Investigation, cannot be obtained after two attempts, the
   23  Department of Agriculture and Consumer Services may determine
   24  the applicant’s eligibility based on upon a criminal history
   25  record check under the applicant’s name conducted by the Federal
   26  Bureau of Investigation Department of Law Enforcement if the
   27  fingerprints are taken by a law enforcement agency or the
   28  department and the applicant submits a written statement signed
   29  by the fingerprint technician or a licensed physician stating
   30  that there is a physical condition that precludes obtaining a
   31  legible set of fingerprints or that the fingerprints taken are
   32  the best that can be obtained.
   33         Section 2. Paragraph (b) of subsection (3) of section
   34  493.6113, Florida Statutes, is amended to read:
   35         493.6113 Renewal application for licensure.—
   36         (3) Each licensee is responsible for renewing his or her
   37  license on or before its expiration by filing with the
   38  department an application for renewal accompanied by payment of
   39  the prescribed license fee.
   40         (b) Each Class “G” licensee shall additionally submit proof
   41  that he or she has received during each year of the license
   42  period a minimum of 4 hours of firearms recertification training
   43  taught by a Class “K” licensee and has complied with such other
   44  health and training requirements that which the department
   45  adopts shall adopt by rule. Proof of completion of firearms
   46  recertification training shall be submitted to the department
   47  upon completion of the training. If the licensee fails to
   48  complete the required 4 hours of annual training during
   49  documentation of completion of the required training is not
   50  submitted by the end of the first year of the 2-year term of the
   51  license, the individual’s license shall be automatically
   52  suspended until proof of the required training is submitted to
   53  the department. The licensee must complete the minimum number of
   54  hours of range and classroom training required at the time of
   55  initial licensure and submit proof of having completed such
   56  training to the department before the license may be reinstated.
   57  If the licensee fails to complete the required 4 hours of annual
   58  training during documentation of completion of the required
   59  training is not submitted by the end of the second year of the
   60  2-year term of the license, the licensee must complete the
   61  minimum number of hours of range and classroom training required
   62  at the time of initial licensure and submit proof of having
   63  completed such training to the department before the license may
   64  shall not be renewed unless the renewal applicant completes the
   65  minimum number of hours of range and classroom training required
   66  at the time of initial licensure. The department may waive the
   67  firearms training requirement if:
   68         1. The applicant provides proof that he or she is currently
   69  certified as a law enforcement officer or correctional officer
   70  under the Criminal Justice Standards and Training Commission and
   71  has completed law enforcement firearms requalification training
   72  annually during the previous 2 years of the licensure period;
   73         2. The applicant provides proof that he or she is currently
   74  certified as a federal law enforcement officer and has received
   75  law enforcement firearms training administered by a federal law
   76  enforcement agency annually during the previous 2 years of the
   77  licensure period; or
   78         3. The applicant submits a valid firearm certificate among
   79  those specified in s. 493.6105(6)(a) and provides proof of
   80  having completed requalification training during the previous 2
   81  years of the licensure period.
   82         Section 3. Subsection (6) of section 493.6115, Florida
   83  Statutes, is amended to read:
   84         493.6115 Weapons and firearms.—
   85         (6) In addition to any other firearm approved by the
   86  department, a licensee who has been issued a Class “G” license
   87  may carry a .38 caliber revolver; or a .380 caliber or 9
   88  millimeter semiautomatic pistol; or a .357 caliber revolver with
   89  .38 caliber ammunition only; a .40 caliber handgun; or a .45 ACP
   90  handgun while performing duties authorized under this chapter. A
   91  No licensee may not carry more than two firearms upon her or his
   92  person when performing her or his duties. A licensee may only
   93  carry a firearm of the specific type and caliber with which she
   94  or he is qualified pursuant to the firearms training described
   95  referenced in subsection (8) or s. 493.6113(3)(b).
   96         Section 4. Subsection (4) is added to section 493.6305,
   97  Florida Statutes, to read:
   98         493.6305 Uniforms, required wear; exceptions.—
   99         (4) Class “D” licensees who are also Class “G” licensees
  100  and who are performing bodyguard or executive protection
  101  services may carry their authorized firearm concealed while
  102  wearing plain clothes as needed to provide contracted services
  103  to the client.
  104         Section 5. Section 501.016, Florida Statutes, is amended to
  105  read:
  106         501.016 Health studios; security requirements.—Each health
  107  studio that sells contracts for health studio services shall
  108  meet the following requirements:
  109         (1) Each health studio shall maintain for each separate
  110  business location a bond issued by a surety company admitted to
  111  do business in this state. The principal sum of the bond must
  112  shall be $25,000, and the bond, when required, must shall be
  113  obtained before a business tax receipt may be issued under
  114  chapter 205. Upon issuance of a business tax receipt, the
  115  licensing authority shall immediately notify the department of
  116  such issuance in a manner established by the department by rule.
  117  The bond must shall be in favor of the department state for the
  118  benefit of any person injured as a result of a violation of ss.
  119  501.012-501.019. Liability for such injuries may be determined
  120  in an administrative proceeding of the department pursuant to
  121  chapter 120 or through a civil action. However, claims against
  122  the bond or certificate of deposit may be paid, in amounts up to
  123  the determined liability for such injuries, only by order of the
  124  department in an administrative proceeding pursuant to chapter
  125  120. The aggregate liability of the surety to all persons for
  126  all breaches of the conditions of the bonds provided by this
  127  section may not herein shall in no event exceed the amount of
  128  the bond. The original surety bond required by this section
  129  shall be filed with the department on a form adopted by
  130  department rule.
  131         (2) In lieu of maintaining the bond required in subsection
  132  (1), the health studio may furnish to the department on a form
  133  adopted by department rule:
  134         (a) An irrevocable letter of credit from any foreign or
  135  domestic bank in the amount of $25,000; or
  136         (b) A guaranty agreement that is secured by a certificate
  137  of deposit in the amount of $25,000.
  138  
  139  The original letter of credit or certificate of deposit
  140  submitted in lieu of the bond shall be filed with the
  141  department. The department shall decide whether the security
  142  furnished in lieu of bond by the health studio complies is in
  143  compliance with the requirements of this section.
  144         (3) A consumer may file a claim against the bond or other
  145  form of security. Such claim must be submitted to the department
  146  in writing on a form affidavit approved by department rule
  147  within 120 days after an alleged injury has occurred or is
  148  discovered to have occurred or a judgment has been entered. The
  149  proceedings shall be conducted in accordance with chapter 120.
  150  For proceedings conducted under ss. 120.569 and 120.57, the
  151  department may act only as a nominal party.
  152         (4) The health studio shall pay to the department for
  153  distribution to the consumer any indebtedness determined by
  154  final order of the department within 30 days after the order is
  155  entered. If the health studio fails to make timely payment, the
  156  department shall make demand upon the surety, which may include
  157  an institution issuing a letter of credit or depository on a
  158  certificate of deposit. If a surety fails to comply with a
  159  demand for payment issued pursuant to a final order, the
  160  department may file an action in circuit court pursuant to s.
  161  120.69 to recover payment up to the amount of the bond or other
  162  form of security. If the court affirms the department’s demand
  163  for payment from the surety, the department shall be awarded
  164  court costs and reasonable attorney fees.
  165         (5)(3) A health studio that which sells contracts for
  166  future health studio services and which collects direct payment
  167  on a monthly basis for those services is shall be exempt from
  168  the security requirements of subsections (1) and (2) if provided
  169  that any service fee charged is a reasonable and fair service
  170  fee. The number of monthly payments in such a contract must
  171  shall be equal to the number of months in the contract. The
  172  contract must shall conform to all the requirements for future
  173  health studio services contracts as specified in ss. 501.012
  174  501.019 and must shall specify in the terms of the contract the
  175  charges to be assessed for those health studio services.
  176         (6)(4) If the health studio furnishes the department with
  177  evidence satisfactory to the department that the aggregate
  178  dollar amount of all current outstanding contracts of the health
  179  studio is less than $5,000, the department may, at its
  180  discretion, reduce the principal amount of the surety bond or
  181  other sufficient financial responsibility required in
  182  subsections (1) and (2) to a sum of at least not less than
  183  $10,000. However, at any time the aggregate dollar amount of
  184  such contracts exceeds $5,000, the health studio shall so notify
  185  the department and shall thereupon provide the bond or other
  186  documentation as required in subsections (1) and (2). Health
  187  studios whose bonds have been reduced shall must provide the
  188  department with an annually updated list of members. Failure to
  189  file an annual report will result in The department shall
  190  increase raising the security requirement to $25,000 for a
  191  health studio that fails to file an annual report.
  192         (7)(5) Each health studio shall furnish the department with
  193  a copy of the escrow account which would contain all funds
  194  received for future consumer services, whether provided under by
  195  contract or otherwise, sold before prior to the business
  196  location’s full operation and specify a date certain for
  197  opening, if such an escrow account is established.
  198         (8)(6) Subsections (1) and (2) do shall not apply to a
  199  health studio that has been operating in compliance with ss.
  200  501.012-501.019 and rules adopted thereunder, continuously under
  201  the same ownership and control, continuously for the most recent
  202  5-year period; in compliance with ss. 501.012-501.019 and the
  203  rules adopted thereunder and that has not had any civil,
  204  criminal, or administrative adjudication against it by any state
  205  or federal agency; and that has a satisfactory consumer
  206  complaint history. As used in this subsection, the term
  207  “satisfactory consumer complaint history” means that there are
  208  no unresolved consumer complaints regarding the health studio
  209  are on file with the department. A consumer complaint is
  210  unresolved if a health studio has not responded to the
  211  department’s efforts to mediate the complaint or if there has
  212  been an adjudication that the health studio has violated ss.
  213  501.012-501.019 or the rules adopted thereunder. Such exemption
  214  extends to all current and future business locations of an
  215  exempt health studio.
  216         (9)(7)This section does not apply to a business, otherwise
  217  defined as a health studio, which sells a single contract of 30
  218  days or less to a any member without any option for renewal or
  219  any other condition that which establishes any right in the
  220  member beyond the term of such contract is exempt from the
  221  provisions of this section. However, this exemption does shall
  222  not apply if the business offers any other health studio
  223  contract, regardless of whatever duration, at any time before or
  224  during or prior to the existence of such single contract of 30
  225  days or less.
  226         (10)(8) Except in the case of a natural disaster or an act
  227  of God, a health studio that is exempt from the requirements of
  228  subsections (1) and (2), but does not have any that has no
  229  business locations open for 14 consecutive days, waives its
  230  exemption and is considered to be a new health studio for the
  231  purposes of ss. 501.012-501.019.
  232         Section 6. Sections 501.057, 501.0571, 501.0573, 501.0575,
  233  501.0577, 501.0579, and 501.0581, Florida Statutes, are
  234  repealed.
  235         Section 7. Section 501.0583, Florida Statutes, is repealed.
  236         Section 8. Subsection (5) of section 501.059, Florida
  237  Statutes, is amended to read:
  238         501.059 Telephone solicitation.—
  239         (5) A telephone solicitor or person may not initiate an
  240  outbound telephone call to a consumer, donor, or potential donor
  241  who has previously communicated to the telephone solicitor or
  242  person that he or she does not wish to receive an outbound
  243  telephone call:
  244         (a) Made by or on behalf of the seller whose goods or
  245  services are being offered; or
  246         (b) Made on behalf of a charitable organization for which a
  247  charitable contribution is being solicited.
  248         Section 9. Section 501.143, Florida Statutes, is repealed.
  249         Section 10. Present subsections (8) through (11) of section
  250  501.603, Florida Statutes, are redesignated as subsections (9)
  251  through (12), respectively, a new subsection (8) is added to
  252  that section, and subsection (2) of that section is amended, to
  253  read:
  254         501.603 Definitions.—As used in this part, unless the
  255  context otherwise requires, the term:
  256         (2) “Commercial telephone seller” means a person who
  257  engages in commercial telephone solicitation on his or her own
  258  behalf or through salespersons. The term, except that a
  259  commercial telephone seller does not include a salesperson as
  260  defined in subsection (11) or a person or entity operating under
  261  a valid affidavit of exemption filed with the department
  262  according to s. 501.608(1)(b) or exempted from this part by s.
  263  501.604. The term A commercial telephone seller does not include
  264  a salesperson as defined in subsection (10). A commercial
  265  telephone seller includes, but is not limited to, owners,
  266  operators, officers, directors, partners, or other individuals
  267  engaged in the management activities of a business entity
  268  pursuant to this part.
  269         (8)“Novelty payment” means a payment method that does not
  270  provide a means of systematic monitoring to detect and deter
  271  fraud. The term includes, but is not limited to, the following
  272  payment devices:
  273         (a)A remotely created check, which is a check that is not
  274  created by the paying bank and that does not bear the signature
  275  of the person on whose account the check is drawn.
  276         (b) A remotely created payment order, which is a payment
  277  instruction or order drawn on a person’s account which is
  278  initiated or created by the payee and which does not bear the
  279  signature of the person on whose account the order is drawn and
  280  which is cleared through the check clearing system.
  281         (c) A cash-to-cash money transfer, which is the electronic
  282  transfer of the value of cash received from one person to
  283  another person in a different location which is sent by a money
  284  transfer provider and received in the form of cash. As used in
  285  this paragraph, the term “money transfer provider” means a
  286  person or financial institution that provides cash-to-cash money
  287  transfers for a person in the normal course of business,
  288  regardless of whether the person holds an account with such
  289  person or financial institution.
  290         (d) A cash reload mechanism, which is a system that makes
  291  it possible to convert cash into an electronic form which a
  292  person can use to add money to a general-use prepaid card or an
  293  online account with a payment intermediary. As used in this
  294  paragraph, the term “mechanism” means a system that is purchased
  295  by a person on a prepaid basis, that enables access to the funds
  296  via an authorization code or other security measure, and that is
  297  not directly used as a general-use prepaid card.
  298         Section 11. Section 501.611, Florida Statutes, is amended
  299  to read:
  300         501.611 Security.—
  301         (1) An application filed pursuant to s. 501.605 must be
  302  accompanied by:
  303         (a) A bond executed by a corporate surety approved by the
  304  department and licensed to do business in this state;
  305         (b) An irrevocable letter of credit issued for the benefit
  306  of the applicant by a bank whose deposits are insured by an
  307  agency of the Federal Government; or
  308         (c) A certificate of deposit in a financial institution
  309  insured by an agency of the Federal Government, which may be
  310  withdrawn only on the order of the department, except that the
  311  interest may accrue to the applicant.
  312         (2) The amount of the bond, letter of credit, or
  313  certificate of deposit must be a minimum of $50,000, and the
  314  bond, letter of credit, or certificate of deposit must be in
  315  favor of the department for the use and benefit of any purchaser
  316  who is injured by the fraud, misrepresentation, breach of
  317  contract, financial failure, or violation of this part by the
  318  applicant must be conditioned upon compliance by the applicant
  319  with the provisions of this part. The department may, at its
  320  discretion, establish a bond of a greater amount to ensure the
  321  general welfare of the public and the interests of the
  322  telemarketing industry.
  323         (3) The bond shall be posted with the department on a form
  324  adopted by and shall remain in force throughout the period of
  325  licensure with the department rule and shall remain in force
  326  throughout the period of licensure.
  327         (4) The department or a any governmental agency, on behalf
  328  of an any injured purchaser or a any purchaser herself or
  329  himself who is injured by the bankruptcy of the applicant or her
  330  or his breach of any agreement entered into in her or his
  331  capacity as a licensee, may bring and maintain an action to
  332  recover against the bond, letter of credit, or certificate of
  333  deposit.
  334         (5) A purchaser may file a claim against the bond or other
  335  form of security. Such claim must be submitted to the department
  336  in writing on a form affidavit approved by department rule
  337  within 120 days after an alleged injury has occurred or is
  338  discovered to have occurred or a judgment has been entered. The
  339  proceedings shall be conducted in accordance with chapter 120.
  340  For proceedings conducted under ss. 120.569 and 120.57, the
  341  department must act only as a nominal party.
  342         (6) The commercial telephone seller shall pay to the
  343  department for distribution to the consumer any indebtedness
  344  determined by final order of the department within 30 days after
  345  the order is entered. If the commercial telephone seller fails
  346  to make timely payment, the department shall make demand upon
  347  the surety, which may include an institution issuing a letter of
  348  credit or depository on a certificate of deposit. If a surety
  349  fails to comply with a demand for payment issued pursuant to a
  350  final order, the department may file an action in circuit court
  351  pursuant to s. 120.69 to recover payment up to the amount of the
  352  bond or other form of security. If the court affirms the
  353  department’s demand for payment from the surety, the department
  354  shall be awarded all court costs and reasonable attorney fees.
  355         Section 12. Section 501.616, Florida Statutes, is amended
  356  to read:
  357         501.616 Unlawful acts and practices.—
  358         (1) A It shall be unlawful for any commercial telephone
  359  seller or salesperson may not directly or indirectly accept a
  360  novelty payment as defined by s. 501.603(8) or rule as payment
  361  for goods or services offered or sold through telemarketing to
  362  require that payment be by credit card authorization or
  363  otherwise to announce a preference for that method of payment.
  364         (2) A It shall be unlawful for any commercial telephone
  365  seller may not to employ, or be affiliated with an, any
  366  unlicensed salesperson.
  367         (3) A It shall be unlawful for any salesperson may not to
  368  be employed by, or affiliated with, an unlicensed commercial
  369  telephone seller.
  370         (4) A It shall be unlawful for any commercial telephone
  371  seller or salesperson must to be licensed unlicensed.
  372         (5) A It shall be unlawful for any salesperson or
  373  commercial telephone seller may not to otherwise violate the
  374  provisions of this part.
  375         (6) A It shall be unlawful for any commercial telephone
  376  seller or salesperson may not to make a commercial telephone
  377  solicitation phone call before 8 8:00 a.m. or after 9 9:00 p.m.
  378  local time at the called person’s location.
  379         (7) A It shall be unlawful for any commercial telephone
  380  seller or salesperson making a commercial telephone solicitation
  381  call may not intentionally act telephonic solicitations to take
  382  any intentional action to prevent transmission of the telephone
  383  solicitor’s name or telephone number to the party called when
  384  the equipment or service used by the telephone solicitor is
  385  capable of creating and transmitting the telephone solicitor’s
  386  name or telephone number.
  387         Section 13. Subsection (1) of section 501.913, Florida
  388  Statutes, is amended to read:
  389         501.913 Registration.—
  390         (1) Each brand of antifreeze to be distributed in this
  391  state shall be registered with the department before
  392  distribution. The person whose name appears on the label, the
  393  manufacturer, or the packager shall make application annually to
  394  the department on forms provided by the department no later than
  395  July 1 of each year. The registration certificate expires 1 year
  396  from the date of issue. The registrant assumes, by application
  397  to register the brand, full responsibility for the registration
  398  and the, quality, and quantity of the product sold, offered, or
  399  exposed for sale in this state. If a registered brand is not in
  400  production for distribution in this state, and to ensure any
  401  remaining product that is still available for sale in this the
  402  state is properly registered, the registrant must submit a
  403  notarized affidavit on company letterhead to the department
  404  certifying that:
  405         (a) The stated brand is no longer in production;
  406         (b) The stated brand will not be distributed in this state;
  407  and
  408         (c) All existing product of the stated brand will be
  409  removed by the registrant from the state within 30 days after
  410  expiration of the registration or the registrant will reregister
  411  the brand for two subsequent registration periods.
  412  
  413  If production resumes, the brand must be reregistered before it
  414  is distributed in this state.
  415         Section 14. Paragraph (b) of subsection (1) of section
  416  525.16, Florida Statutes, is amended to read:
  417         525.16 Administrative fine; penalties; prosecution of cases
  418  by state attorney.—
  419         (1)
  420         (b) If a, 3 years after the day of issuance of the last
  421  stop-sale order for a violation under this chapter, no new
  422  violation does not occur has occurred at the same location while
  423  the business is under the same during the proprietorship within
  424  3 years after the date of issuance of the last previous stop
  425  sale order of the same person, all previous fines shall be
  426  disregarded when administering a fine for a new the next
  427  violation.
  428         Section 15. Section 526.015, Florida Statutes, is created
  429  to read:
  430         526.015 Lubricating oil standards; labeling requirements.—
  431         (1)A person may not sell or distribute, or offer for sale
  432  or distribution, a lubricating oil that fails to meet a quality
  433  standard, such as those established by the Society of Automotive
  434  Engineers or other similar standard, or a labeling requirement
  435  designed to prevent deceptive or misleading practices as adopted
  436  by rule of the department.
  437         (2) A product that fails to meet a standard or labeling
  438  requirement adopted by rule of the department shall be placed
  439  under a stop-sale order by the department, and the lot number of
  440  the product shall be identified and tagged by the department to
  441  prevent its sale.
  442         (3) A person may not sell or distribute, or offer for sale
  443  or distribution, a product that has been placed under a stop
  444  sale order.
  445         (4)If a product is made to conform to standards and
  446  labeling requirements or is removed from the premises in a
  447  manner approved by the department, the department shall issue a
  448  release order.
  449         Section 16. Subsection (6) of section 526.50, Florida
  450  Statutes, is repealed.
  451         Section 17. Subsection (1) of section 526.51, Florida
  452  Statutes, is amended to read:
  453         526.51 Registration; renewal and fees; departmental
  454  expenses; cancellation or refusal to issue or renew.—
  455         (1)(a) Application for registration of each brand of brake
  456  fluid shall be made on forms supplied by the department. The
  457  applicant shall provide give his or her name and address, and
  458  the brand name of the brake fluid, the state in which that he or
  459  she owns the brand name and has complete control over the
  460  product sold thereunder in this state, and provide the name and
  461  address of the resident agent in this state. If the applicant
  462  does not own the brand name but wishes to register the product
  463  with the department, a notarized affidavit that gives the
  464  applicant full authorization to register the brand name, which
  465  must be and that is signed by the owner of the brand name, must
  466  accompany the application for registration. The affidavit must
  467  include all affected brand names, the owner’s company or
  468  corporate name and address, the applicant’s company or corporate
  469  name and address, and a statement from the owner authorizing the
  470  applicant to register the product with the department. The owner
  471  of the brand name shall maintain complete control over each
  472  product sold under that brand name in this state. All first-time
  473  applications for a brand and formula combination must be
  474  accompanied by a certified report from an independent testing
  475  laboratory, setting forth the analysis of the brake fluid which
  476  shows its quality meets to be not less than the minimum
  477  specifications established by the department for brake fluids. A
  478  sample of at least not less than 24 fluid ounces of brake fluid
  479  shall be submitted, in a container with a label printed in the
  480  same manner that it or containers, with labels representing
  481  exactly how the containers of brake fluid will be labeled when
  482  sold, and the sample and container shall be analyzed and
  483  inspected by the department in order to verify that compliance
  484  with the department’s specifications and labeling requirements
  485  may be verified. Upon approval of the application, the
  486  department shall register the brand name of the brake fluid and
  487  issue to the applicant a permit, valid for 1 year from the date
  488  of issue, authorizing the registrant to sell the brake fluid in
  489  this state during the permit year specified in the permit.
  490         (b) An Each applicant shall pay a fee of $100 with each
  491  application. A permit may be renewed by application to the
  492  department, accompanied by a renewal fee of $50, on or before
  493  the expiration of the previously issued last day of the permit
  494  year immediately preceding the permit year for which application
  495  is made for renewal of registration. To reregister a previously
  496  registered brand and formula combination, an applicant must
  497  submit a completed application and all materials as required in
  498  this section to the department before the expiration of the
  499  previously issued first day of the permit year. A brand and
  500  formula combination for which a completed application and all
  501  materials required in this section are not received before the
  502  expiration of the previously issued first day of the permit year
  503  may not be registered with the department until a completed
  504  application and all materials required in this section have been
  505  received and approved. If the brand and formula combination was
  506  previously registered with the department and a fee,
  507  application, or materials required in this section are received
  508  after the expiration of the previously issued first day of the
  509  permit year, a penalty of $25 accrues, which shall be added to
  510  the fee. Renewals shall be accepted only on brake fluids that do
  511  not have a no change in formula, composition, or brand name. A
  512  Any change in formula, composition, or brand name of a any brake
  513  fluid constitutes a new product that must be registered in
  514  accordance with this part.
  515         (c) If a registered brand and formula combination is no
  516  longer in production for distribution in this state, in order to
  517  ensure that any remaining product still available for sale in
  518  this state is properly registered, if a registered brand and
  519  formula combination is no longer in production for distribution
  520  in this state, the registrant must submit a notarized affidavit
  521  on company letterhead to the department certifying that:
  522         1. The stated brand and formula combination is no longer in
  523  production;
  524         2. The stated brand and formula combination will not be
  525  distributed in this state; and
  526         3. Either all existing product of the stated brand and
  527  formula combination will be removed by the registrant from the
  528  state within 30 days after the expiration of the registration or
  529  that the registrant will reregister the brand and formula
  530  combination for 2 two subsequent years registration periods.
  531  
  532  If production resumes, the brand and formula combination must be
  533  reregistered before it is again distributed in this state.
  534         Section 18. Paragraph (a) of subsection (4), paragraphs (b)
  535  and (d) of subsection (7), and paragraph (b) of subsection (8)
  536  of section 539.001, Florida Statutes, are amended to read:
  537         539.001 The Florida Pawnbroking Act.—
  538         (4) ELIGIBILITY FOR LICENSE.—
  539         (a) To be eligible for a pawnbroker’s license, an applicant
  540  must:
  541         1. Be of good moral character;
  542         2. Have a net worth of at least $50,000 or file with the
  543  agency a bond, issued by a surety company qualified to do
  544  business in this state, in the amount of $10,000 for each
  545  license. In lieu of the bond required in this section, the
  546  applicant may establish a certificate of deposit or an
  547  irrevocable letter of credit in a Florida banking institution in
  548  the amount of the bond. The original bond, certificate of
  549  deposit, or letter of credit shall be filed with the agency on a
  550  form adopted by agency rule, and the agency shall be the
  551  beneficiary to said document. The bond, certificate of deposit,
  552  or letter of credit must shall be in favor of the agency for the
  553  use and benefit of any consumer who is injured by the fraud,
  554  misrepresentation, breach of contract, financial failure, or
  555  violation of any provision of this section by the pawnbroker.
  556  Such liability may be enforced either by proceeding in an
  557  administrative action or by filing a judicial suit at law in a
  558  court of competent jurisdiction. However, in such court suit,
  559  the bond, certificate of deposit, or letter of credit posted
  560  with the agency may shall not be amenable or subject to any
  561  judgment or other legal process issuing out of or from such
  562  court in connection with such lawsuit, but such bond,
  563  certificate of deposit, or letter of credit shall be amenable to
  564  and enforceable only by and through administrative proceedings
  565  before the agency. It is the intent of the Legislature that such
  566  bond, certificate of deposit, or letter of credit shall be
  567  applicable and liable only for the payment of claims duly
  568  adjudicated by order of the agency. The bond, certificate of
  569  deposit, or letter of credit shall be payable on a pro rata
  570  basis as determined by the agency, but the aggregate amount may
  571  not exceed the amount of the bond, certificate of deposit, or
  572  letter of credit. A consumer may file a claim against the bond,
  573  certificate of deposit, or letter of credit. Such claim must be
  574  submitted in writing to the agency on a form affidavit approved
  575  by agency rule within 120 days after an alleged injury has
  576  occurred or is discovered to have occurred or a judgment has
  577  been entered. The proceedings shall be conducted in accordance
  578  with chapter 120. For proceedings conducted under ss. 120.569
  579  and 120.57, the agency may act only as a nominal party. The
  580  pawnbroker shall pay to the agency for distribution to the
  581  consumer any indebtedness determined by final order of the
  582  agency within 30 days after the order is entered. If the
  583  pawnbroker fails to make timely payment, the agency shall make
  584  demand upon the surety, which includes an institution issuing a
  585  letter of credit or depository on a certificate of deposit. If a
  586  surety fails to comply with a demand for payment pursuant to a
  587  final order, the agency may file an action pursuant to s. 120.69
  588  in circuit court to recover payment, up to the amount of the
  589  bond or other form of security. If the agency is successful and
  590  the court affirms the agency’s demand for payment from the
  591  surety, the agency shall be awarded all court costs and
  592  reasonable attorney fees;
  593         3. Not have been convicted of, or found guilty of, or pled
  594  guilty or nolo contendere to, or not have been incarcerated
  595  within the last 10 years as a result of having previously been
  596  convicted of, or found guilty of, or pled guilty or nolo
  597  contendere to, regardless of adjudication, a felony within the
  598  last 10 years and not be acting as a beneficial owner for
  599  someone who has been convicted of, or found guilty of, or pled
  600  guilty or nolo contendere to, regardless of adjudication, a
  601  felony within the last 10 years; and
  602         4. Not have been convicted of, or found guilty of, or pled
  603  guilty or nolo contendere to, or not have been incarcerated
  604  within the last 10 years as a result of having previously been
  605  convicted of, or found guilty of, or pled guilty or nolo
  606  contendere to, regardless of adjudication, a crime that involves
  607  theft, larceny, dealing in stolen property, receiving stolen
  608  property, burglary, embezzlement, obtaining property by false
  609  pretenses, possession of altered property, or any other
  610  fraudulent or dishonest dealing within the last 10 years, and
  611  not be acting as a beneficial owner for someone who has been
  612  convicted, of, or found guilty of, or pled guilty or nolo
  613  contendere to, or has been incarcerated within the last 10 years
  614  as a result of having previously been convicted of, or found
  615  guilty of, or pled guilty or nolo contendere to, regardless of
  616  adjudication, a crime that involves theft, larceny, dealing in
  617  stolen property, receiving stolen property, burglary,
  618  embezzlement, obtaining property by false pretenses, possession
  619  of altered property, or any other fraudulent or dishonest
  620  dealing within the last 10 years.
  621         (7) ORDERS IMPOSING PENALTIES.—
  622         (b) Upon a finding as set forth in paragraph (a), the
  623  agency may enter an order doing one or more of the following:
  624         1. Issuing a notice of noncompliance pursuant to s.
  625  120.695.
  626         2. Imposing an administrative fine of up to not to exceed
  627  $5,000 for each act that which constitutes a violation of this
  628  section, or a rule, or an order.
  629         3. Directing that the pawnbroker cease and desist specified
  630  activities.
  631         4. Refusing to license or revoking or suspending a license.
  632         5. Placing the licensee on probation for a period of time,
  633  subject to such conditions as the agency may specify.
  634         (d)1. When the agency, If a violation of this section
  635  occurs and the agency has reasonable cause to believe that a
  636  person is operating in violation of this section, has reasonable
  637  cause to believe that a person is operating in violation of this
  638  section, the agency may bring a civil action in the appropriate
  639  court for temporary or permanent injunctive relief and may seek
  640  other appropriate civil relief, including a civil penalty of up
  641  to not to exceed $5,000 for each violation, restitution and
  642  damages for injured customers, court costs, and reasonable
  643  attorney attorney’s fees.
  644         2. The agency may terminate an any investigation or action
  645  upon agreement by the offender to pay a stipulated civil
  646  penalty, to make restitution or pay damages to customers, or to
  647  satisfy any other relief authorized in this section herein and
  648  requested by the agency.
  649         (8) PAWNBROKER TRANSACTION FORM.—
  650         (b) The front of the pawnbroker transaction form must
  651  include:
  652         1. The name and address of the pawnshop.
  653         2. A complete and accurate description of the pledged goods
  654  or purchased goods, including the following information, if
  655  applicable:
  656         a. Brand name.
  657         b. Model number.
  658         c. Manufacturer’s serial number.
  659         d. Size.
  660         e. Color, as apparent to the untrained eye.
  661         f. Precious metal type, weight, and content, if known.
  662  Weight shall be obtained from a device properly approved by the
  663  agency and in compliance with ss. 531.39 and 531.40.
  664         g. Gemstone description, including the number of stones.
  665         h. In the case of firearms, the type of action, caliber or
  666  gauge, number of barrels, barrel length, and finish.
  667         i. Any other unique identifying marks, numbers, names, or
  668  letters.
  669  
  670  Notwithstanding sub-subparagraphs a.-i., in the case of multiple
  671  items of a similar nature delivered together in one transaction
  672  which do not bear serial or model numbers and which do not
  673  include precious metal or gemstones, such as musical or video
  674  recordings, books, and hand tools, the description of the items
  675  is adequate if it contains the quantity of items and a
  676  description of the type of items delivered.
  677         3. The name, address, home telephone number, place of
  678  employment, date of birth, physical description, and right
  679  thumbprint of the pledgor or seller.
  680         4. The date and time of the transaction.
  681         5. The type of identification accepted from the pledgor or
  682  seller, including the issuing agency and the identification
  683  number.
  684         6. In the case of a pawn:
  685         a. The amount of money advanced, which must be designated
  686  as the amount financed;
  687         b. The maturity date of the pawn, which must be 30 days
  688  after the date of the pawn;
  689         c. The default date of the pawn and the amount due on the
  690  default date;
  691         d. The total pawn service charge payable on the maturity
  692  date, which must be designated as the finance charge;
  693         e. The amount financed plus the finance charge that must be
  694  paid to redeem the pledged goods on the maturity date, which
  695  must be designated as the total of payments;
  696         f. The annual percentage rate, computed according to the
  697  regulations adopted by the Federal Reserve Board under the
  698  federal Truth in Lending Act; and
  699         g. The front or back of the pawnbroker transaction form
  700  must include a statement that:
  701         (I) Any personal property pledged to a pawnbroker within
  702  this state which is not redeemed within 30 days after following
  703  the maturity date of the pawn, or if the 30th day is not a
  704  business day, then the following business day, is automatically
  705  forfeited to the pawnbroker, and absolute right, title, and
  706  interest in and to the property vests in and is deemed conveyed
  707  to the pawnbroker by operation of law, and no further notice is
  708  not necessary;
  709         (II) The pledgor is not obligated to redeem the pledged
  710  goods; and
  711         (III) If the pawnbroker transaction form is lost,
  712  destroyed, or stolen, the pledgor must immediately advise the
  713  issuing pawnbroker in writing by certified or registered mail,
  714  return receipt requested, or in person evidenced by a signed
  715  receipt.
  716         (IV) A pawn may be extended upon mutual agreement of the
  717  parties.
  718         7. In the case of a purchase, the amount of money paid for
  719  the goods or the monetary value assigned to the goods in
  720  connection with the transaction.
  721         8. A statement that the pledgor or seller of the item
  722  represents and warrants that it is not stolen, that it has no
  723  liens or encumbrances against it, and that the pledgor or seller
  724  is the rightful owner of the goods and has the right to enter
  725  into the transaction.
  726  
  727         A Any person who knowingly gives false verification of
  728  ownership or gives a false or altered identification and who
  729  receives money from a pawnbroker for goods sold or pledged
  730  commits:
  731         a. If the value of the money received is less than $300, a
  732  felony of the third degree, punishable as provided in s.
  733  775.082, s. 775.083, or s. 775.084.
  734         b. If the value of the money received is $300 or more, a
  735  felony of the second degree, punishable as provided in s.
  736  775.082, s. 775.083, or s. 775.084.
  737         Section 19. Section 559.929, Florida Statutes, is amended
  738  to read:
  739         559.929 Security requirements.—
  740         (1) An application must be accompanied by a performance
  741  bond in an amount set by the department under paragraph (a),
  742  paragraph (b), or paragraph (c). The surety on such bond must
  743  shall be a surety company authorized to do business in the
  744  state.
  745         (a) Each seller of travel which that certifies its business
  746  activities under s. 559.9285(1)(a) shall provide a performance
  747  bond in an amount up to not to exceed $25,000, or in the amount
  748  of $50,000 if the seller of travel is offering vacation
  749  certificates.
  750         (b) Each seller of travel which that certifies its business
  751  activities under s. 559.9285(1)(b) shall provide a performance
  752  bond in an amount up to not to exceed $100,000, or in the amount
  753  of $150,000 if the seller of travel is offering vacation
  754  certificates.
  755         (c) Each seller of travel which that certifies its business
  756  activities under s. 559.9285(1)(c) shall provide a performance
  757  bond in an amount up to not to exceed $250,000, or in the amount
  758  of $300,000 if the seller of travel is offering vacation
  759  certificates.
  760         (2) The bond must shall be in favor of the department on a
  761  form adopted by rule of the department for the use and benefit
  762  of a any traveler who is injured by the fraud,
  763  misrepresentation, breach of contract, financial failure, or
  764  violation of any provision of this part by the seller of travel.
  765  Such liability may be enforced either by proceeding in an
  766  administrative action as specified in subsection (3) or by
  767  filing a judicial suit at law in a court of competent
  768  jurisdiction. However, in such court suit the bond posted with
  769  the department shall not be amenable or subject to any judgment
  770  or other legal process issuing out of or from such court in
  771  connection with such lawsuit, but such bond shall be amenable to
  772  and enforceable only by and through administrative proceedings
  773  before the department. It is the intent of the Legislature that
  774  such bond is shall be applicable and liable only for the payment
  775  of claims duly adjudicated by order of the department. The bond
  776  must shall be open to successive claims, but the aggregate
  777  amount awarded may not exceed the amount of the bond. In
  778  addition to the foregoing, a bond provided by a registrant or
  779  applicant for registration which certifies its business
  780  activities under s. 559.9285(1)(b) or (c) must shall be in favor
  781  of the department, with payment in the following order of
  782  priority:
  783         (a) All expenses for prosecuting the registrant or
  784  applicant in an any administrative or civil action under this
  785  part, including attorney fees for attorneys and fees for other
  786  professionals, court costs or other costs of the proceedings,
  787  and all other expenses incidental to the action.
  788         (b) The All costs and expenses of investigation before
  789  prior to the commencement of an administrative or civil action
  790  under this part.
  791         (c) An Any unpaid administrative fine imposed by final
  792  order or an any unpaid civil penalty imposed by final judgment
  793  under this part.
  794         (d) Damages or compensation for a any traveler injured as
  795  provided in this subsection.
  796         (3) A Any traveler may file a claim against the bond. Such
  797  claim must which shall be submitted to the department made in
  798  writing on a form affidavit approved by department rule to the
  799  department within 120 days after an alleged injury has occurred
  800  or is discovered to have occurred or a judgment has been
  801  entered. The proceedings shall be conducted held in accordance
  802  with chapter 120. The department may act only as a nominal party
  803  in proceedings conducted under ss. 120.569 and 120.57.
  804         (4) Any indebtedness determined by final order of the
  805  department must be paid by the seller of travel to the
  806  department within 30 days after the order is entered, for
  807  distribution to the traveler. If the seller of travel fails to
  808  make payment within the 30 days, the department shall make
  809  demand upon the surety, which includes an institution issuing a
  810  letter of credit or depository on a certificate of deposit. Upon
  811  failure of a surety to comply with a demand for payment pursuant
  812  to a final order, the department may file an action in circuit
  813  court to recover payment, up to the amount of the bond or other
  814  form of security pursuant to s. 120.69. If the department is
  815  successful and the court affirms the department’s demand for
  816  payment from the surety, the department shall be allowed all
  817  court costs incurred and reasonable attorney fees to be fixed
  818  and collected as a part of the costs of the suit.
  819         (5)(4)If In any situation in which the seller of travel is
  820  currently the subject of an administrative, civil, or criminal
  821  action by the department, the Department of Legal Affairs, or
  822  the state attorney relating to concerning compliance with this
  823  part, the right to proceed against the bond as provided in
  824  subsection (3) is shall be suspended until after any enforcement
  825  action becomes final.
  826         (6)(5) The department may waive the bond requirement on an
  827  annual basis if the seller of travel has had 5 or more
  828  consecutive years of experience as a seller of travel in this
  829  state Florida in compliance with this part, has not had a any
  830  civil, criminal, or administrative action instituted against the
  831  seller of travel in the vacation and travel business by a any
  832  governmental agency or an any action involving fraud, theft,
  833  misappropriation of property, violation of a any statute
  834  pertaining to business or commerce with a any terrorist state,
  835  or moral turpitude, and has a satisfactory consumer complaint
  836  history with the department, and certifies its business
  837  activities under s. 559.9285. Such waiver may be revoked if the
  838  seller of travel violates any provision of this part. A seller
  839  of travel which that certifies its business activities under s.
  840  559.9285(1)(b) or (c) is not entitled to the waiver provided in
  841  this subsection.
  842         Section 20. Effective January 1, 2015, paragraph (a) of
  843  subsection (4) of section 943.059, Florida Statutes, is amended
  844  to read:
  845         943.059 Court-ordered sealing of criminal history records.
  846  The courts of this state shall continue to have jurisdiction
  847  over their own procedures, including the maintenance, sealing,
  848  and correction of judicial records containing criminal history
  849  information to the extent such procedures are not inconsistent
  850  with the conditions, responsibilities, and duties established by
  851  this section. Any court of competent jurisdiction may order a
  852  criminal justice agency to seal the criminal history record of a
  853  minor or an adult who complies with the requirements of this
  854  section. The court shall not order a criminal justice agency to
  855  seal a criminal history record until the person seeking to seal
  856  a criminal history record has applied for and received a
  857  certificate of eligibility for sealing pursuant to subsection
  858  (2). A criminal history record that relates to a violation of s.
  859  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  860  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  861  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  862  916.1075, a violation enumerated in s. 907.041, or any violation
  863  specified as a predicate offense for registration as a sexual
  864  predator pursuant to s. 775.21, without regard to whether that
  865  offense alone is sufficient to require such registration, or for
  866  registration as a sexual offender pursuant to s. 943.0435, may
  867  not be sealed, without regard to whether adjudication was
  868  withheld, if the defendant was found guilty of or pled guilty or
  869  nolo contendere to the offense, or if the defendant, as a minor,
  870  was found to have committed or pled guilty or nolo contendere to
  871  committing the offense as a delinquent act. The court may only
  872  order sealing of a criminal history record pertaining to one
  873  arrest or one incident of alleged criminal activity, except as
  874  provided in this section. The court may, at its sole discretion,
  875  order the sealing of a criminal history record pertaining to
  876  more than one arrest if the additional arrests directly relate
  877  to the original arrest. If the court intends to order the
  878  sealing of records pertaining to such additional arrests, such
  879  intent must be specified in the order. A criminal justice agency
  880  may not seal any record pertaining to such additional arrests if
  881  the order to seal does not articulate the intention of the court
  882  to seal records pertaining to more than one arrest. This section
  883  does not prevent the court from ordering the sealing of only a
  884  portion of a criminal history record pertaining to one arrest or
  885  one incident of alleged criminal activity. Notwithstanding any
  886  law to the contrary, a criminal justice agency may comply with
  887  laws, court orders, and official requests of other jurisdictions
  888  relating to sealing, correction, or confidential handling of
  889  criminal history records or information derived therefrom. This
  890  section does not confer any right to the sealing of any criminal
  891  history record, and any request for sealing a criminal history
  892  record may be denied at the sole discretion of the court.
  893         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  894  history record of a minor or an adult which is ordered sealed by
  895  a court of competent jurisdiction pursuant to this section is
  896  confidential and exempt from the provisions of s. 119.07(1) and
  897  s. 24(a), Art. I of the State Constitution and is available only
  898  to the person who is the subject of the record, to the subject’s
  899  attorney, to criminal justice agencies for their respective
  900  criminal justice purposes, which include conducting a criminal
  901  history background check for approval of firearms purchases or
  902  transfers as authorized by state or federal law, to judges in
  903  the state courts system for the purpose of assisting them in
  904  their case-related decisionmaking responsibilities, as set forth
  905  in s. 943.053(5), or to those entities set forth in
  906  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  907  licensing, access authorization, and employment purposes.
  908         (a) The subject of a criminal history record sealed under
  909  this section or under other provisions of law, including former
  910  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  911  deny or fail to acknowledge the arrests covered by the sealed
  912  record, except when the subject of the record:
  913         1. Is a candidate for employment with a criminal justice
  914  agency;
  915         2. Is a defendant in a criminal prosecution;
  916         3. Concurrently or subsequently petitions for relief under
  917  this section, s. 943.0583, or s. 943.0585;
  918         4. Is a candidate for admission to The Florida Bar;
  919         5. Is seeking to be employed or licensed by or to contract
  920  with the Department of Children and Families, the Division of
  921  Vocational Rehabilitation within the Department of Education,
  922  the Agency for Health Care Administration, the Agency for
  923  Persons with Disabilities, the Department of Health, the
  924  Department of Elderly Affairs, or the Department of Juvenile
  925  Justice or to be employed or used by such contractor or licensee
  926  in a sensitive position having direct contact with children, the
  927  disabled, or the elderly;
  928         6. Is seeking to be employed or licensed by the Department
  929  of Education, any district school board, any university
  930  laboratory school, any charter school, any private or parochial
  931  school, or any local governmental entity that licenses child
  932  care facilities; or
  933         7. Is attempting to purchase a firearm from a licensed
  934  importer, licensed manufacturer, or licensed dealer and is
  935  subject to a criminal history check under state or federal law;
  936  or.
  937         8. Is seeking to be licensed by the Bureau of License
  938  Issuance of the Division of Licensing within the Department of
  939  Agriculture and Consumer Services to carry a concealed weapon or
  940  concealed firearm. This exception applies only to the
  941  determination of an applicant’s eligibility in accordance with
  942  s. 790.06.
  943         Section 21. Section 205.1969, Florida Statutes, is amended
  944  to read:
  945         205.1969 Health studios; consumer protection.—A county or
  946  municipality may not issue or renew a business tax receipt for
  947  the operation of a health studio pursuant to ss. 501.012-501.019
  948  or ballroom dance studio pursuant to s. 501.143, unless such
  949  business exhibits a current license, registration, or letter of
  950  exemption from the Department of Agriculture and Consumer
  951  Services.
  952         Section 22. Subsection (6) of section 501.015, Florida
  953  Statutes, is amended to read:
  954         501.015 Health studios; registration requirements and
  955  fees.—Each health studio shall:
  956         (6) Be considered a new health studio and is shall be
  957  subject to the requirements of s. 501.016 each time the health
  958  studio changes ownership or, in the case of corporate ownership,
  959  each time the stock ownership is changed so as to effectively
  960  put the health studio under new management or control,
  961  notwithstanding s. 501.016(8) the provisions of s. 501.016(6). A
  962  change of ownership does not occur within the meaning of this
  963  subsection if:
  964         (a) Substantially the same stockholders form a new
  965  corporate entity;
  966         (b) In the opinion of the department, the change does not
  967  effectively place the health studio under new management and
  968  control; and
  969         (c) The health studio has a satisfactory complaint history
  970  with the department.
  971         Section 23. Except as otherwise expressly provided in this
  972  act, this act shall take effect July 1, 2014.
  973  
  974  ================= T I T L E  A M E N D M E N T ================
  975  And the title is amended as follows:
  976         Delete everything before the enacting clause
  977  and insert:
  978                        A bill to be entitled                      
  979         An act relating to the Department of Agriculture and
  980         Consumer Services; amending s. 493.6108, F.S.;
  981         removing the requirement that an applicant for private
  982         investigative, private security, and repossession
  983         services provide a written statement by a fingerprint
  984         technician or licensed physician under certain
  985         conditions; amending s. 493.6113, F.S.; revising
  986         recertification training requirements for Class “G”
  987         licensees; amending s. 493.6115, F.S.; adding specific
  988         handguns to the list of firearms a Class “G” licensee
  989         may carry while performing his or her duties; amending
  990         s. 493.6305, F.S.; authorizing specified Class “D”
  991         licensees to carry an authorized concealed firearm
  992         under certain circumstances; amending s. 501.016,
  993         F.S.; requiring a health studio to maintain a bond in
  994         favor of the department, rather than the state;
  995         authorizing liability for specified injuries to be
  996         determined in an administrative proceeding or through
  997         a civil action; providing that certain claims may be
  998         paid only upon an order of the department issued in an
  999         administrative proceeding; requiring that a claim
 1000         against the bond be filed on a form affidavit adopted
 1001         by rule of the department; providing the process by
 1002         which a consumer may file a claim against a bond or
 1003         other form of security; requiring a health studio to
 1004         pay the department indebtedness determined by final
 1005         order within 30 days; providing the process by which
 1006         the department may make a demand if the health studio
 1007         fails to timely make the payment; providing that the
 1008         department shall be awarded attorney fees and costs in
 1009         certain circumstances; repealing ss. 501.057,
 1010         501.0571, 501.0573, 501.0575, 501.0577, 501.0579, and
 1011         501.0581, F.S., relating to the Commercial Weight-Loss
 1012         Practices Act; repealing s. 501.0583, F.S., relating
 1013         to selling, delivering, bartering, furnishing, or
 1014         giving weight-loss pills to persons younger than 18
 1015         years of age and related penalties and defense;
 1016         amending s. 501.059, F.S.; prohibiting a telephone
 1017         solicitor or a person from initiating an outbound
 1018         telephone call to a consumer, a donor, or a potential
 1019         donor under certain circumstances; repealing s.
 1020         501.143, F.S., relating to the Dance Studio Act;
 1021         amending s. 501.603, F.S.; defining the term “novelty
 1022         payment”; conforming a cross-reference; amending s.
 1023         501.611, F.S.; requiring the bond required of a
 1024         commercial telephone seller to be in favor of the
 1025         department for the use and benefit of a purchaser who
 1026         is injured by specified acts; requiring that a claim
 1027         against the bond be filed on a form affidavit adopted
 1028         by rule of the department; providing procedures that a
 1029         purchaser must follow in filing a claim against the
 1030         bond or other form of security; providing for payment
 1031         of indebtedness by the commercial telephone seller to
 1032         the department; requiring the department to make
 1033         demand on a surety if a commercial telephone seller
 1034         fails to pay certain indebtedness within 30 days and
 1035         providing a process; providing that attorney fees and
 1036         costs must be awarded to the department in certain
 1037         circumstances; conforming provisions to changes made
 1038         by the act; amending s. 501.616, F.S.; prohibiting a
 1039         commercial telephone seller or salesperson from
 1040         accepting a novelty payment; deleting a provision that
 1041         prohibits a commercial telephone seller or salesperson
 1042         from requiring payment to be made by credit card;
 1043         amending s. 501.913, F.S.; providing that the
 1044         registration certificate for each brand of antifreeze
 1045         distributed in this state expires 1 year from the date
 1046         of issue; amending s. 525.16, F.S.; requiring all
 1047         previous fines to be disregarded if a new violation of
 1048         provisions relating to gasoline and oil inspections
 1049         has not occurred within 3 years after the date of a
 1050         previous violation; creating s. 526.015, F.S.,
 1051         relating to lubricating oil standards and labeling
 1052         requirements; prohibiting a person from selling,
 1053         distributing, or offering for sale or distribution
 1054         lubricating oil that does not meet specified standards
 1055         or labeling requirements; requiring such noncompliant
 1056         products to be placed under a stop-sale order and the
 1057         lot identified and tagged by the department;
 1058         prohibiting a person from selling, distributing, or
 1059         offering for sale or distribution a product under
 1060         stop-sale order; requiring the department to issue a
 1061         release order under certain circumstances; repealing
 1062         s. 526.50(6), F.S., relating to definition of terms
 1063         related to the sale of brake fluid; amending s.
 1064         526.51, F.S.; providing that a permit authorizing a
 1065         registrant to sell brake fluid in this state is valid
 1066         for a specified period from the date of issue;
 1067         conforming provisions to changes made by the act;
 1068         amending s. 539.001, F.S.; requiring that a claim
 1069         against the bond be filed on a form affidavit adopted
 1070         by rule of the department; providing the procedure
 1071         that a consumer must follow in filing a claim against
 1072         a bond or other form of security filed with the
 1073         department by a pawnbroker; providing for payment of
 1074         indebtedness by the pawnbroker to the department;
 1075         providing the procedure that a consumer must follow if
 1076         the pawnbroker fails to make the payment; providing
 1077         that the agency shall be awarded attorney fees and
 1078         costs in certain circumstances; requiring the weight
 1079         of a precious metal to be obtained from a device that
 1080         meets specified requirements; amending s. 559.929,
 1081         F.S.; requiring that a claim against the bond be filed
 1082         on a form affidavit adopted by rule of the department;
 1083         providing the procedure that a consumer must follow in
 1084         filing a claim against a bond or other form of
 1085         security filed with the department by a seller of
 1086         travel; providing for payment of indebtedness by the
 1087         seller of travel to the department; providing
 1088         procedures that the agency must follow if the seller
 1089         of travel fails to pay certain indebtedness within 30
 1090         days and providing a process; providing that the
 1091         agency shall be awarded attorney fees and costs in
 1092         certain circumstances; amending s. 943.059, F.S.;
 1093         providing an exception relating to the acknowledgement
 1094         of arrests covered by a sealed criminal history record
 1095         for a person seeking to be licensed to carry a
 1096         concealed weapon or concealed firearm; providing
 1097         applicability; amending ss. 205.1969 and 501.015,
 1098         F.S.; conforming cross-references; providing effective
 1099         dates.