Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 772
       
       
       
       
       
                               Ì442032iÎ442032                          
       
       576-02401-16                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to regulated service providers;
    3         amending s. 472.007, F.S.; revising the composition of
    4         the Board of Professional Surveyors and Mappers;
    5         amending s. 472.015, F.S.; requiring the Department of
    6         Agriculture and Consumer Services to waive the initial
    7         land surveying and mapping license fee for certain
    8         veterans, the spouses of such veterans, or certain
    9         business entities that have a majority ownership held
   10         by such veterans or spouses; amending s. 493.6105,
   11         F.S.; waiving the initial application fee for veterans
   12         for certain private investigative, private security,
   13         and repossession service licenses; revising certain
   14         fees for initial license applications; amending s.
   15         493.6106, F.S.; deleting a provision requiring that
   16         certain applicants submit additional documentation
   17         establishing state residency; amending s. 493.6107,
   18         F.S.; waiving the initial license fees for veterans
   19         for certain private investigative, private security,
   20         and repossession service licenses; amending s.
   21         493.6108, F.S.; beginning on a specified date,
   22         requiring the Department of Law Enforcement to retain
   23         fingerprints submitted for private investigative,
   24         private security, and repossession service licenses,
   25         to enter such fingerprints into the statewide
   26         automated biometric identification system and the
   27         Federal Bureau of Investigation’s national retained
   28         print arrest notification program, and to report any
   29         arrest record information to the Department of
   30         Agriculture and Consumer Services; requiring the
   31         department to provide information about an arrest of a
   32         licensee for certain crime within the state to the
   33         agency that employs the licensee; amending s.
   34         493.6113, F.S.; clarifying the renewal requirements
   35         for Class “K” licenses; requiring a person holding a
   36         private investigative, private security, or
   37         repossession service license issued before a certain
   38         date to submit, upon first renewal of the license, a
   39         full set of fingerprints and a fingerprint processing
   40         fee; amending ss. 493.6202, 493.6302, and 493.6402,
   41         F.S.; waiving initial license fees for veterans for
   42         certain private investigative, private security, and
   43         repossession service licenses; amending s. 501.0125,
   44         F.S.; revising the definition of the term “health
   45         studio”; defining the term “personal trainer”;
   46         amending s. 501.015, F.S.; requiring the department to
   47         waive the initial health studio registration fee for
   48         certain veterans, the spouses of such veterans, or
   49         certain business entities that have a majority
   50         ownership held by such veterans or spouses; amending
   51         s. 501.605, F.S.; prohibiting the use of a mail drop
   52         as a street address for the principal location of a
   53         commercial telephone seller; requiring the department
   54         to waive the initial commercial telephone seller
   55         license fee for certain veterans, the spouses of such
   56         veterans, or certain business entities that have a
   57         majority ownership held by such veterans or spouses;
   58         amending s. 501.607, F.S.; requiring the department to
   59         waive the initial telephone salesperson license fees
   60         for certain veterans, the spouses of such veterans, or
   61         certain business entities that have a majority
   62         ownership held by such veterans or spouses; amending
   63         s. 507.03, F.S.; requiring the department to waive the
   64         initial registration fee for an intrastate mover for
   65         certain veterans, the spouses of such veterans, or
   66         certain business entities that have a majority
   67         ownership held by such veterans or spouses; amending
   68         s. 527.02, F.S.; requiring the department to waive the
   69         original liquefied petroleum gas license fee for
   70         certain veterans, the spouses of such veterans, or
   71         certain business entities that have a majority
   72         ownership held by such veterans or spouses; amending
   73         s. 527.021, F.S.; deleting a provision requiring a fee
   74         for registering transport vehicles; amending s.
   75         531.37, F.S.; revising the definition of the term
   76         “weights and measures”; amending s. 531.415, F.S.;
   77         revising the fees for actual metrology laboratory
   78         calibration and testing services; amending s. 531.60,
   79         F.S.; clarifying the applicability of permits for
   80         commercially operated or tested weights or measures
   81         instruments or devices; requiring a new permit
   82         application if a new owner acquires and moves an
   83         instrument or a device; requiring a business to notify
   84         the department of certain information under certain
   85         circumstances; deleting a provision authorizing the
   86         department to test weights and measures instruments or
   87         devices under certain circumstances; amending s.
   88         531.61, F.S.; clarifying provisions exempting certain
   89         instruments or devices from specified requirements;
   90         amending s. 531.62, F.S.; specifying that the
   91         commercial use permit fee is based upon the number and
   92         types of instruments or devices permitted; revising
   93         the expiration date of the commercial use permit;
   94         requiring annual and biennial commercial use permit
   95         renewals to meet the same requirements; amending s.
   96         531.63, F.S.; revising the commercial use permit fees
   97         and fee structures; amending s. 531.65, F.S.;
   98         clarifying that the department may use one or more of
   99         the prescribed penalties for the unauthorized use of a
  100         weights and measures instrument or device; amending s.
  101         539.001, F.S.; requiring the department to waive the
  102         initial pawnbroker license fee for certain veterans,
  103         the spouses of such veterans, or certain business
  104         entities that have a majority ownership held by such
  105         veterans or spouses; amending s. 559.904, F.S.;
  106         requiring the department to waive the initial motor
  107         vehicle repair shop registration fee for certain
  108         veterans, the spouses of such veterans, or certain
  109         business entities that have a majority ownership held
  110         by such veterans or spouses; creating s. 559.9191,
  111         F.S.; requiring motor vehicle repair shops to obtain
  112         consent before seeking certain funds from insurers;
  113         requiring such shops to meet certain conditions before
  114         filing certain actions against insurers; providing
  115         requirements for certain customer consent; amending s.
  116         559.927, F.S.; revising definitions; amending s.
  117         559.928, F.S.; requiring the department to waive the
  118         initial seller of travel registration fee for certain
  119         veterans, the spouses of such veterans, or certain
  120         business entities that have a majority ownership held
  121         by such veterans or spouses; requiring independent
  122         agents to annually file an application, rather than an
  123         affidavit; requiring each advertisement or certificate
  124         and other travel documents to include a specified
  125         phrase; deleting a provision requiring an
  126         advertisement to include a specified phrase; revising
  127         the circumstances under which the department may deny
  128         or refuse to renew a registration; authorizing the
  129         department to revoke the registration of a seller of
  130         travel under certain circumstances; amending s.
  131         559.929, F.S.; revising certain security requirements;
  132         amending s. 559.9295, F.S.; revising the documents
  133         that certain sellers of travel are required to submit
  134         and disclose to the department; deleting provisions
  135         relating to the duties of the department; amending s.
  136         559.932, F.S.; requiring that certain disclosures be
  137         made in a specified type size; revising the language
  138         that must be included in certain disclosures;
  139         requiring the department to review copies of certain
  140         certificates and contracts for compliance with
  141         disclosure requirements; specifying that the
  142         submission of certain materials or department response
  143         does not constitute approval, recommendation,
  144         endorsement, or verification; amending s. 559.933,
  145         F.S.; making technical changes; amending s. 559.9335,
  146         F.S.; revising violations relating to the sale of
  147         travel; amending s. 559.935, F.S.; deleting a
  148         provision requiring an affiliate to file an affidavit
  149         of exemption in order to obtain a specified exemption;
  150         adding embezzlement as a crime for which the
  151         department may revoke certain exemptions; amending s.
  152         559.936, F.S.; conforming cross-references; amending
  153         s. 616.242, F.S.; exempting water-related amusement
  154         rides operated by lodging and food service
  155         establishments and membership campgrounds, amusement
  156         rides at private, membership-only facilities, and
  157         nonprofit permanent facilities from certain safety
  158         standards; authorizing owners or managers of amusement
  159         rides to use alternative forms to record ride
  160         inspections and employee training; amending s.
  161         713.585, F.S.; revising certain notice requirements;
  162         authorizing the owner of a vehicle or a person
  163         claiming an interest in the vehicle or in a lien
  164         thereon to post a bond to recover possession of a
  165         vehicle held by a lienor; requiring the clerk of the
  166         court to issue a certificate notifying the lienor of
  167         the posting of bond; establishing procedures and
  168         requirements for a vehicle owner to reclaim such
  169         vehicles recovered by a lienholder; authorizing courts
  170         to award damages based on claims relating to the
  171         enforcement of certain lien and recovery rights;
  172         requiring courts to provide for the immediate payment
  173         of proceeds and awards and immediate release of bonds;
  174         amending s. 790.06, F.S.; revising the requirements
  175         for issuance of a concealed weapon or firearm license;
  176         requiring directions for expedited processing requests
  177         in the license application form; revising the initial
  178         and renewal fees for a concealed weapon or firearm
  179         license; providing a process for expediting
  180         applications for servicemembers and veterans;
  181         requiring that notice of the suspension or revocation
  182         of a concealed weapon or firearm license or the
  183         suspension of the processing of an application for
  184         such license be given by personal delivery or first
  185         class mail; specifying deadlines for requests for a
  186         hearing for suspensions or revocations; specifying
  187         standards of proof for notice of suspensions or
  188         revocations; requiring concealed weapon or firearm
  189         license renewals to include an affidavit submitted
  190         under oath and under penalty of perjury, rather than a
  191         notarized affidavit, as of a specified date; amending
  192         s. 790.0625, F.S.; authorizing certain tax collector
  193         offices, upon approval and confirmation of license
  194         issuance by the department, to print and deliver
  195         concealed weapon or firearm licenses; amending ss.
  196         559.917, 559.9285, and 559.937, F.S.; conforming
  197         provisions; providing an appropriation; providing
  198         effective dates.
  199          
  200  Be It Enacted by the Legislature of the State of Florida:
  201  
  202         Section 1. Subsection (1) of section 472.007, Florida
  203  Statutes, is amended to read:
  204         472.007 Board of Professional Surveyors and Mappers.—There
  205  is created in the Department of Agriculture and Consumer
  206  Services the Board of Professional Surveyors and Mappers.
  207         (1) The board shall consist of nine members, seven six of
  208  whom shall be registered surveyors and mappers primarily engaged
  209  in the practice of surveying and mapping, one of whom shall be a
  210  registered surveyor and mapper with the designation of
  211  photogrammetrist, and two of whom shall be laypersons who are
  212  not and have never been surveyors and mappers or members of any
  213  closely related profession or occupation.
  214         Section 2. Subsection (3) of section 472.015, Florida
  215  Statutes, is amended to read:
  216         472.015 Licensure.—
  217         (3)(a) Before the issuance of any license, the department
  218  may charge an initial license fee as determined by rule of the
  219  board. Upon receipt of the appropriate license fee, except as
  220  provided in subsection (6), the department shall issue a license
  221  to any person certified by the board, or its designee, as having
  222  met the applicable requirements imposed by law or rule. However,
  223  an applicant who is not otherwise qualified for licensure is not
  224  entitled to licensure solely based on a passing score on a
  225  required examination.
  226         (b) The department shall waive the initial license fee for
  227  an honorably discharged veteran of the United States Armed
  228  Forces, the spouse of such a veteran, or a business entity that
  229  has a majority ownership held by such a veteran or spouse if the
  230  department receives an application, in a format prescribed by
  231  the department, within 60 months after the date of the veteran’s
  232  discharge from any branch of the United States Armed Forces. To
  233  qualify for the waiver, a veteran must provide to the department
  234  a copy of his or her DD Form 214, as issued by the United States
  235  Department of Defense, or another acceptable form of
  236  identification as specified by the Department of Veterans’
  237  Affairs; the spouse of a veteran must provide to the department
  238  a copy of the veteran’s DD Form 214, as issued by the United
  239  States Department of Defense, or another acceptable form of
  240  identification as specified by the Department of Veterans’
  241  Affairs, and a copy of a valid marriage license or certificate
  242  verifying that he or she was lawfully married to the veteran at
  243  the time of discharge; or a business entity must provide to the
  244  department proof that a veteran or the spouse of a veteran holds
  245  a majority ownership in the business, a copy of the veteran’s DD
  246  Form 214, as issued by the United States Department of Defense,
  247  or another acceptable form of identification as specified by the
  248  Department of Veterans’ Affairs, and, if applicable, a copy of a
  249  valid marriage license or certificate verifying that the spouse
  250  of the veteran was lawfully married to the veteran at the time
  251  of discharge.
  252         Section 3. Paragraph (c) is added to subsection (1) of
  253  section 493.6105, Florida Statutes, and paragraph (j) of
  254  subsection (3) of that section is amended, to read:
  255         493.6105 Initial application for license.—
  256         (1) Each individual, partner, or principal officer in a
  257  corporation, shall file with the department a complete
  258  application accompanied by an application fee not to exceed $60,
  259  except that the applicant for a Class “D” or Class “G” license
  260  is not required to submit an application fee. The application
  261  fee is not refundable.
  262         (c) The initial application fee for a veteran, as defined
  263  in s. 1.01, shall be waived if he or she applies for a Class
  264  “C,” Class “CC,” Class “DI,” Class “E,” Class “EE,” Class “K,”
  265  Class “M,” Class “MA,” Class “MB,” Class “MR,” or Class “RI”
  266  license within 24 months after being discharged from a branch of
  267  the United States Armed Forces. An eligible veteran must include
  268  a copy of his or her DD Form 214, as issued by the United States
  269  Department of Defense, or another acceptable form of
  270  identification as specified by the Department of Veterans’
  271  Affairs with his or her application in order to obtain a waiver.
  272         (3) The application must contain the following information
  273  concerning the individual signing the application:
  274         (j) A full set of fingerprints, a fingerprint processing
  275  fee, and a fingerprint retention fee. The fingerprint processing
  276  and retention fees shall to be established by rule of the
  277  department based upon costs determined by state and federal
  278  agency charges and department processing costs, which must
  279  include the cost of retaining the fingerprints in the statewide
  280  automated biometric identification system established in s.
  281  943.05(2)(b) and the cost of enrolling the fingerprints in the
  282  national retained print arrest notification program as required
  283  under s. 493.6108. An applicant who has, within the immediately
  284  preceding 6 months, submitted such fingerprints and fees fee for
  285  licensing purposes under this chapter and who still holds a
  286  valid license is not required to submit another set of
  287  fingerprints or another fingerprint processing fee. An applicant
  288  who holds multiple licenses issued under this chapter is
  289  required to pay only a single fingerprint retention fee.
  290         Section 4. Paragraph (f) of subsection (1) of section
  291  493.6106, Florida Statutes, is amended to read:
  292         493.6106 License requirements; posting.—
  293         (1) Each individual licensed by the department must:
  294         (f) Be a citizen or permanent legal resident alien of the
  295  United States or have appropriate authorization issued by the
  296  United States Citizenship and Immigration Services of the United
  297  States Department of Homeland Security.
  298         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  299  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  300  “MB,” Class “MR,” or Class “RI” license who is not a United
  301  States citizen must submit proof of current employment
  302  authorization issued by the United States Citizenship and
  303  Immigration Services or proof that she or he is deemed a
  304  permanent legal resident alien by the United States Citizenship
  305  and Immigration Services.
  306         2. An applicant for a Class “G” or Class “K” license who is
  307  not a United States citizen must submit proof that she or he is
  308  deemed a permanent legal resident alien by the United States
  309  Citizenship and Immigration Services, together with additional
  310  documentation establishing that she or he has resided in the
  311  state of residence shown on the application for at least 90
  312  consecutive days before the date that the application is
  313  submitted.
  314         3. An applicant for an agency or school license who is not
  315  a United States citizen or permanent legal resident alien must
  316  submit documentation issued by the United States Citizenship and
  317  Immigration Services stating that she or he is lawfully in the
  318  United States and is authorized to own and operate the type of
  319  agency or school for which she or he is applying. An employment
  320  authorization card issued by the United States Citizenship and
  321  Immigration Services is not sufficient documentation.
  322         Section 5. Subsection (6) is added to section 493.6107,
  323  Florida Statutes, to read:
  324         493.6107 Fees.—
  325         (6) The initial license fee for a veteran, as defined in s.
  326  1.01, shall be waived if he or she applies for a Class “M” or
  327  Class “K” license within 24 months after being discharged from
  328  any branch of the United States Armed Forces. An eligible
  329  veteran must include a copy of his or her DD Form 214, as issued
  330  by the United States Department of Defense, or another
  331  acceptable form of identification as specified by the Department
  332  of Veterans’ Affairs with his or her application in order to
  333  obtain a waiver.
  334         Section 6. Subsections (4) and (5) are added to section
  335  493.6108, Florida Statutes, to read:
  336         493.6108 Investigation of applicants by Department of
  337  Agriculture and Consumer Services.—
  338         (4)Beginning January 1, 2017, the Department of Law
  339  Enforcement shall:
  340         (a) Retain and enter into the statewide automated biometric
  341  identification system established in s. 943.05(2)(b) all
  342  fingerprints submitted to the Department of Agriculture and
  343  Consumer Services pursuant to this chapter.
  344         (b) When the Department of Law Enforcement begins
  345  participation in the Federal Bureau of Investigation’s national
  346  retained print arrest notification program, enroll such
  347  fingerprints in the program. The fingerprints must thereafter be
  348  available for arrest notifications and all purposes and uses
  349  authorized for arrest fingerprint submissions entered into the
  350  statewide automated biometric identification system established
  351  in s. 943.05(2)(b).
  352         (c) Search all arrest fingerprints against fingerprints
  353  retained.
  354         (d) Report to the Department of Agriculture and Consumer
  355  Services any arrest record that it identifies or that is
  356  identified by the Federal Bureau of Investigation.
  357         (5) If the department receives information about an arrest
  358  within the state of a person who holds a valid license issued
  359  under this chapter for a crime that could potentially disqualify
  360  the person from holding such a license, the department must
  361  provide the arrest information to the agency that employs the
  362  licensee.
  363         Section 7. Subsections (1) and (3) of section 493.6113,
  364  Florida Statutes, are amended to read:
  365         493.6113 Renewal application for licensure.—
  366         (1) A license granted under the provisions of this chapter
  367  shall be renewed biennially by the department, except for Class
  368  “A,” Class “B,” Class “AB,” Class “K,” Class “R,” and branch
  369  agency licenses, which shall be renewed every 3 years.
  370         (3) Each licensee is responsible for renewing his or her
  371  license on or before its expiration by filing with the
  372  department an application for renewal accompanied by payment of
  373  the renewal fee and the fingerprint retention fee to cover the
  374  cost of ongoing retention in the statewide automated biometric
  375  identification system established in s. 943.05(2)(b) prescribed
  376  license fee. Upon the first renewal of a license issued under
  377  this chapter before January 1, 2017, the licensee shall submit a
  378  full set of fingerprints and fingerprint processing fees to
  379  cover the cost of entering the fingerprints into the statewide
  380  automated biometric identification system pursuant to s.
  381  493.6108(4)(a) and, if applicable, enrollment in the Federal
  382  Bureau of Investigation’s national retained print arrest
  383  notification program. Subsequent renewals may be completed
  384  without submission of a new set of fingerprints.
  385         (a) Each Class “B” licensee shall additionally submit on a
  386  form prescribed by the department a certification of insurance
  387  that evidences that the licensee maintains coverage as required
  388  under s. 493.6110.
  389         (b) Each Class “G” licensee shall additionally submit proof
  390  that he or she has received during each year of the license
  391  period a minimum of 4 hours of firearms recertification training
  392  taught by a Class “K” licensee and has complied with such other
  393  health and training requirements that the department shall adopt
  394  by rule. Proof of completion of firearms recertification
  395  training shall be submitted to the department upon completion of
  396  the training. If the licensee fails to complete the required 4
  397  hours of annual training during the first year of the 2-year
  398  term of the license, the license shall be automatically
  399  suspended. The licensee must complete the minimum number of
  400  hours of range and classroom training required at the time of
  401  initial licensure and submit proof of completion of such
  402  training to the department before the license may be reinstated.
  403  If the licensee fails to complete the required 4 hours of annual
  404  training during the second year of the 2-year term of the
  405  license, the licensee must complete the minimum number of hours
  406  of range and classroom training required at the time of initial
  407  licensure and submit proof of completion of such training to the
  408  department before the license may be renewed. The department may
  409  waive the firearms training requirement if:
  410         1. The applicant provides proof that he or she is currently
  411  certified as a law enforcement officer or correctional officer
  412  under the Criminal Justice Standards and Training Commission and
  413  has completed law enforcement firearms requalification training
  414  annually during the previous 2 years of the licensure period;
  415         2. The applicant provides proof that he or she is currently
  416  certified as a federal law enforcement officer and has received
  417  law enforcement firearms training administered by a federal law
  418  enforcement agency annually during the previous 2 years of the
  419  licensure period; or
  420         3. The applicant submits a valid firearm certificate among
  421  those specified in s. 493.6105(6)(a) and provides proof of
  422  having completed requalification training during the previous 2
  423  years of the licensure period.
  424         (c) Each Class “DS” or Class “RS” licensee shall
  425  additionally submit the current curriculum, examination, and
  426  list of instructors.
  427         (d) Each Class “K” licensee shall additionally submit one
  428  of the certificates specified under s. 493.6105(6) as proof that
  429  he or she remains certified to provide firearms instruction.
  430         Section 8. Subsection (4) is added to section 493.6202,
  431  Florida Statutes, to read:
  432         493.6202 Fees.—
  433         (4) The initial license fee for a veteran, as defined in s.
  434  1.01, shall be waived if he or she applies for a Class “C,”
  435  Class “CC,” or Class “MA” license within 24 months after being
  436  discharged from any branch of the United States Armed Forces. An
  437  eligible veteran must include a copy of his or her DD Form 214,
  438  as issued by the United States Department of Defense, or another
  439  acceptable form of identification as specified by the Department
  440  of Veterans’ Affairs with his or her application in order to
  441  obtain a waiver.
  442         Section 9. Subsection (4) is added to section 493.6302,
  443  Florida Statutes, to read:
  444         493.6302 Fees.—
  445         (4) The initial license fee for a veteran, as defined in s.
  446  1.01, shall be waived if he or she applies for a Class “D,”
  447  Class “DI,” or Class “MB” license within 24 months after being
  448  discharged from any branch of the United States Armed Forces. An
  449  eligible veteran must include a copy of his or her DD Form 214,
  450  as issued by the United States Department of Defense, or another
  451  acceptable form of identification as specified by the Department
  452  of Veterans’ Affairs with his or her application in order to
  453  obtain a waiver.
  454         Section 10. Subsection (4) is added to section 493.6402,
  455  Florida Statutes, to read:
  456         493.6402 Fees.—
  457         (4) The initial license fee for a veteran, as defined in s.
  458  1.01, shall be waived if he or she applies for a Class “E,”
  459  Class “EE,” Class “MR,” or Class “RI” license within 24 months
  460  after being discharged from any branch of the United States
  461  Armed Forces. An eligible veteran must include a copy of his or
  462  her DD Form 214, as issued by the United States Department of
  463  Defense, or another acceptable form of identification as
  464  specified by the Department of Veterans’ Affairs with his or her
  465  application in order to obtain a waiver.
  466         Section 11. Subsection (1) of section 501.0125, Florida
  467  Statutes, is amended, and subsection (6) is added to that
  468  section, to read:
  469         501.0125 Health studios; definitions.—For purposes of ss.
  470  501.012-501.019, the following terms shall have the following
  471  meanings:
  472         (1) “Health studio” means any person who is engaged in the
  473  sale of services for instruction, training, or assistance in a
  474  program of physical exercise or in the sale of services for the
  475  right or privilege to use equipment or facilities in furtherance
  476  of a program of physical exercise. The term does not include an
  477  individual acting as a personal trainer.
  478         (6) “Personal trainer” means an individual:
  479         (a) Who does not have an established place of business for
  480  the primary purpose of the conducting of physical exercise;
  481         (b) Whose provision of exercise equipment is incidental to
  482  the instruction provided; and
  483         (c) Who does not accept payment for services that are to be
  484  rendered more than 30 days after the date of payment.
  485         Section 12. Subsection (2) of section 501.015, Florida
  486  Statutes, is amended to read:
  487         501.015 Health studios; registration requirements and
  488  fees.—Each health studio shall:
  489         (2) Remit an annual registration fee of $300 to the
  490  department at the time of registration for each of the health
  491  studio’s business locations. The department shall waive the
  492  initial registration fee for an honorably discharged veteran of
  493  the United States Armed Forces, the spouse of such a veteran, or
  494  a business entity that has a majority ownership held by such a
  495  veteran or spouse if the department receives an application, in
  496  a format prescribed by the department, within 60 months after
  497  the date of the veteran’s discharge from any branch of the
  498  United States Armed Forces. To qualify for the waiver, a veteran
  499  must provide to the department a copy of his or her DD Form 214,
  500  as issued by the United States Department of Defense, or another
  501  acceptable form of identification as specified by the Department
  502  of Veterans’ Affairs; the spouse of a veteran must provide to
  503  the department a copy of the veteran’s DD Form 214, as issued by
  504  the United States Department of Defense, or another acceptable
  505  form of identification as specified by the Department of
  506  Veterans’ Affairs, and a copy of a valid marriage license or
  507  certificate verifying that he or she was lawfully married to the
  508  veteran at the time of discharge; or a business entity must
  509  provide to the department proof that a veteran or the spouse of
  510  a veteran holds a majority ownership in the business, a copy of
  511  the veteran’s DD Form 214, as issued by the United States
  512  Department of Defense, or another acceptable form of
  513  identification as specified by the Department of Veterans’
  514  Affairs, and, if applicable, a copy of a valid marriage license
  515  or certificate verifying that the spouse of the veteran was
  516  lawfully married to the veteran at the time of discharge.
  517         Section 13. Paragraph (j) of subsection (2) and paragraph
  518  (b) of subsection (5) of section 501.605, Florida Statutes, are
  519  amended to read:
  520         501.605 Licensure of commercial telephone sellers.—
  521         (2) An applicant for a license as a commercial telephone
  522  seller must submit to the department, in such form as it
  523  prescribes, a written application for the license. The
  524  application must set forth the following information:
  525         (j) The complete street address of each location,
  526  designating the principal location, from which the applicant
  527  will be doing business. The street address may not be If any
  528  location is a mail drop, this shall be disclosed as such.
  529  
  530  The application shall be accompanied by a copy of any: Script,
  531  outline, or presentation the applicant will require or suggest a
  532  salesperson to use when soliciting, or, if no such document is
  533  used, a statement to that effect; sales information or
  534  literature to be provided by the applicant to a salesperson; and
  535  sales information or literature to be provided by the applicant
  536  to a purchaser in connection with any solicitation.
  537         (5) An application filed pursuant to this part must be
  538  verified and accompanied by:
  539         (b) A fee for licensing in the amount of $1,500. The fee
  540  shall be deposited into the General Inspection Trust Fund. The
  541  department shall waive the initial license fee for an honorably
  542  discharged veteran of the United States Armed Forces, the spouse
  543  of such a veteran, or a business entity that has a majority
  544  ownership held by such a veteran or spouse if the department
  545  receives an application, in a format prescribed by the
  546  department, within 60 months after the date of the veteran’s
  547  discharge from any branch of the United States Armed Forces. To
  548  qualify for the waiver, a veteran must provide to the department
  549  a copy of his or her DD Form 214, as issued by the United States
  550  Department of Defense, or another acceptable form of
  551  identification as specified by the Department of Veterans’
  552  Affairs; the spouse of a veteran must provide to the department
  553  a copy of the veteran’s DD Form 214, as issued by the United
  554  States Department of Defense, or another acceptable form of
  555  identification as specified by the Department of Veterans’
  556  Affairs, and a copy of a valid marriage license or certificate
  557  verifying that he or she was lawfully married to the veteran at
  558  the time of discharge; or a business entity must provide to the
  559  department proof that a veteran or the spouse of a veteran holds
  560  a majority ownership in the business, a copy of the veteran’s DD
  561  Form 214, as issued by the United States Department of Defense,
  562  or another acceptable form of identification as specified by the
  563  Department of Veterans’ Affairs, and, if applicable, a copy of a
  564  valid marriage license or certificate verifying that the spouse
  565  of the veteran was lawfully married to the veteran at the time
  566  of discharge.
  567         Section 14. Paragraph (b) of subsection (2) of section
  568  501.607, Florida Statutes, is amended to read:
  569         501.607 Licensure of salespersons.—
  570         (2) An application filed pursuant to this section must be
  571  verified and be accompanied by:
  572         (b) A fee for licensing in the amount of $50 per
  573  salesperson. The fee shall be deposited into the General
  574  Inspection Trust Fund. The fee for licensing may be paid after
  575  the application is filed, but must be paid within 14 days after
  576  the applicant begins work as a salesperson. The department shall
  577  waive the initial license fee for an honorably discharged
  578  veteran of the United States Armed Forces, the spouse of such a
  579  veteran, or a business entity that has a majority ownership held
  580  by such a veteran or spouse if the department receives an
  581  application, in a format prescribed by the department, within 60
  582  months after the date of the veteran’s discharge from any branch
  583  of the United States Armed Forces. To qualify for the waiver, a
  584  veteran must provide to the department a copy of his or her DD
  585  Form 214, as issued by the United States Department of Defense,
  586  or another acceptable form of identification as specified by the
  587  Department of Veterans’ Affairs; the spouse of a veteran must
  588  provide to the department a copy of the veteran’s DD Form 214,
  589  as issued by the United States Department of Defense, or another
  590  acceptable form of identification as specified by the Department
  591  of Veterans’ Affairs, and a copy of a valid marriage license or
  592  certificate verifying that he or she was lawfully married to the
  593  veteran at the time of discharge; or a business entity must
  594  provide to the department proof that a veteran or the spouse of
  595  a veteran holds a majority ownership in the business, a copy of
  596  the veteran’s DD Form 214, as issued by the United States
  597  Department of Defense, or another acceptable form of
  598  identification as specified by the Department of Veterans’
  599  Affairs, and, if applicable, a copy of a valid marriage license
  600  or certificate verifying that the spouse of the veteran was
  601  lawfully married to the veteran at the time of discharge.
  602         Section 15. Subsection (3) of section 507.03, Florida
  603  Statutes, is amended to read:
  604         507.03 Registration.—
  605         (3)(a) Registration fees shall be calculated at the rate of
  606  $300 per year per mover or moving broker. All amounts collected
  607  shall be deposited by the Chief Financial Officer to the credit
  608  of the General Inspection Trust Fund of the department for the
  609  sole purpose of administration of this chapter.
  610         (b) The department shall waive the initial registration fee
  611  for an honorably discharged veteran of the United States Armed
  612  Forces, the spouse of such a veteran, or a business entity that
  613  has a majority ownership held by such a veteran or spouse if the
  614  department receives an application, in a format prescribed by
  615  the department, within 60 months after the date of the veteran’s
  616  discharge from any branch of the United States Armed Forces. To
  617  qualify for the waiver, a veteran must provide to the department
  618  a copy of his or her DD Form 214, as issued by the United States
  619  Department of Defense, or another acceptable form of
  620  identification as specified by the Department of Veterans’
  621  Affairs; the spouse of a veteran must provide to the department
  622  a copy of the veteran’s DD Form 214, as issued by the United
  623  States Department of Defense, or another acceptable form of
  624  identification as specified by the Department of Veterans’
  625  Affairs, and a copy of a valid marriage license or certificate
  626  verifying that he or she was lawfully married to the veteran at
  627  the time of discharge; or a business entity must provide to the
  628  department proof that a veteran or the spouse of a veteran holds
  629  a majority ownership in the business, a copy of the veteran’s DD
  630  Form 214, as issued by the United States Department of Defense,
  631  or another acceptable form of identification as specified by the
  632  Department of Veterans’ Affairs, and, if applicable, a copy of a
  633  valid marriage license or certificate verifying that the spouse
  634  of the veteran was lawfully married to the veteran at the time
  635  of discharge.
  636         Section 16. Subsection (3) of section 527.02, Florida
  637  Statutes, is amended to read:
  638         527.02 License; penalty; fees.—
  639         (3)(a) An Any applicant for an original license who submits
  640  an whose application is submitted during the last 6 months of
  641  the license year may have the original license fee reduced by
  642  one-half for the 6-month period. This provision applies shall
  643  apply only to those companies applying for an original license
  644  and may shall not be applied to licensees who held a license
  645  during the previous license year and failed to renew the
  646  license. The department may refuse to issue an initial license
  647  to an any applicant who is under investigation in any
  648  jurisdiction for an action that would constitute a violation of
  649  this chapter until such time as the investigation is complete.
  650         (b) The department shall waive the initial license fee for
  651  an honorably discharged veteran of the United States Armed
  652  Forces, the spouse of such a veteran, or a business entity that
  653  has a majority ownership held by such a veteran or spouse if the
  654  department receives an application, in a format prescribed by
  655  the department, within 60 months after the date of the veteran’s
  656  discharge from any branch of the United States Armed Forces. To
  657  qualify for the waiver, a veteran must provide to the department
  658  a copy of his or her DD Form 214, as issued by the United States
  659  Department of Defense or another acceptable form of
  660  identification as specified by the Department of Veterans’
  661  Affairs; the spouse of a veteran must provide to the department
  662  a copy of the veteran’s DD Form 214, as issued by the United
  663  States Department of Defense, or another acceptable form of
  664  identification as specified by the Department of Veterans’
  665  Affairs, and a copy of a valid marriage license or certificate
  666  verifying that he or she was lawfully married to the veteran at
  667  the time of discharge; or a business entity must provide to the
  668  department proof that a veteran or the spouse of a veteran holds
  669  a majority ownership in the business, a copy of the veteran’s DD
  670  Form 214, as issued by the United States Department of Defense,
  671  or another acceptable form of identification as specified by the
  672  Department of Veterans’ Affairs, and, if applicable, a copy of a
  673  valid marriage license or certificate verifying that the spouse
  674  of the veteran was lawfully married to the veteran at the time
  675  of discharge.
  676         Section 17. Subsection (4) of section 527.021, Florida
  677  Statutes, is amended to read:
  678         527.021 Registration of transport vehicles.—
  679         (4) An inspection fee of $50 shall be assessed for each
  680  registered vehicle inspected by the department pursuant to s.
  681  527.061. All inspection fees collected in connection with this
  682  section shall be deposited in the General Inspection Trust Fund
  683  for the purpose of administering the provisions of this chapter.
  684         Section 18. Subsection (1) of section 531.37, Florida
  685  Statutes, is amended to read:
  686         531.37 Definitions.—As used in this chapter:
  687         (1) “Weights and measures” means all weights and measures
  688  of every kind, instruments, and devices for weighing and
  689  measuring, and any appliance and accessories associated with any
  690  or all such instruments and devices, excluding those weights and
  691  measures used for the purpose of inspecting the accuracy of
  692  devices used in conjunction with aviation fuel.
  693         Section 19. Subsections (1) and (2) of section 531.415,
  694  Florida Statutes, are amended to read:
  695         531.415 Fees.—
  696         (1) The department shall charge and collect fees of not
  697  more than the following fees for actual metrology laboratory
  698  calibration and testing services rendered:
  699         (a) For each mass standard that is tested or certified to
  700  meet tolerances less stringent than American National Standards
  701  Institute/American Society for Testing and Materials (ANSI/ASTM)
  702  Standard E617 Class 4, the department shall charge a fee of not
  703  more than:
  704         Weight                                           Fee/Unit
  705         0 - 2 lb.                                              $6
  706         3 - 10 lb.                                             $8
  707         11 - 50 lb.                                           $12
  708         51 - 500 lb.                                          $20
  709         501 - 1000 lb.                                        $30
  710         1001 - 2500 lb.                                       $40
  711         2501 - 5000 lb.                                       $50
  712         (b) For each mass standard that is tested or certified to
  713  meet ANSI/ASTM Standard Class 4 or National Institute of
  714  Standards and Technology Class P tolerances, the department
  715  shall charge a fee of not more than:
  716         Weight                                           Fee/Unit
  717         0 - 10 lb.                                            $20
  718         11 - 50 lb.                                           $30
  719         51 - 500 lb.                                          $40
  720         501 - 1000 lb.                                        $50
  721         1001 - 2500 lb.                                       $60
  722         2501 - 5000 lb.                                       $75
  723         (c) For each mass standard that is calibrated to determine
  724  actual mass or apparent mass values, the department shall charge
  725  a fee of not more than:
  726         Weight                                           Fee/Unit
  727         0 - 20 lb.                                            $40
  728         21 - 50 lb.                                           $50
  729         51 - 1000 lb.                                         $70
  730         1001 - 2500 lb.                                      $150
  731         2501 - 5000 lb.                                      $250
  732         (d) For each volumetric flask, graduate, or test measure,
  733  the department shall charge a fee of not more than:
  734         Vessel                                     Fee/Test Point
  735         0 - 5 gal.                                            $35
  736         Over 5 gal.         Plus $0.75 for each additional gallon
  737         (e) For each linear measure that is tested or certified,
  738  the department shall charge a fee of not more than $75.
  739         (e)(f) For each linear measure test that is calibrated to
  740  determine actual values, the department shall charge a fee of
  741  $75 not more than $100.
  742         (g) For each liquid-in-glass or electronic thermometer that
  743  is tested or certified, the department shall charge a fee of not
  744  more than $50.
  745         (f)(h) For each temperature measuring device, liquid-in
  746  glass or electronic thermometer that is calibrated to determine
  747  actual values, the department shall charge a fee of $50 not more
  748  than $100.
  749         (g)(i) For each special test or special preparation, the
  750  department shall charge a fee of not more than $50 per hour.
  751         (2) Each fee is payable to the department at the time the
  752  testing is done, regardless of whether the item tested is
  753  certified. The department may refuse to accept for testing any
  754  item deemed by the department to be unsuitable for its intended
  755  use or not to be in a condition ready for testing. The
  756  department shall deposit all fees collected under this section
  757  into the General Inspection Trust Fund.
  758         Section 20. Section 531.60, Florida Statutes, is amended to
  759  read:
  760         531.60 Permit for commercially operated or tested weights
  761  or measures instrument or devices.—
  762         (1) A weights and measures instrument or device may not
  763  operate or be used for commercial purposes, as defined by
  764  department rule, within this state without first being permitted
  765  through a valid commercial use permit issued by the department
  766  to the person who owns the weights and measures device, unless
  767  exempted as provided in s. 531.61. Such permit applies only to
  768  the specific location and instrument types or device types
  769  listed on for which the permit was issued. However, the
  770  department may allow such permit to be applicable to a
  771  replacement for the original instrument or device.
  772         (2) If ownership of a business an instrument or device for
  773  which a permit has been issued changes and the instruments or
  774  devices affected by the permit instrument or device:
  775         (a) Remain Remains in the same location, the permit
  776  transfers to the new owner and remains in effect until its
  777  original expiration date. Within 30 days after the change in
  778  ownership, the new owner shall notify the department of the
  779  change and provide the pertinent information regarding the
  780  change in ownership and an updated replacement permit shall be
  781  issued if needed.
  782         (b) Move Moves to a new location, the permit automatically
  783  expires and a new permit must be applied for by the new owner of
  784  the instruments or devices issued which will expire 1 year
  785  following the date of issuance.
  786         (3) A person who holds a permit that has been issued under
  787  this section must notify the department within 30 days after a
  788  change in permit status or if a permit will not be renewed due
  789  to the termination in use or removal of all weighing and
  790  measuring instruments or devices from the permitted location
  791  Weights and measures instruments or devices that are not used
  792  commercially may be tested by the department under this chapter
  793  only if they are permitted and appropriate fees paid as
  794  prescribed by this section and adopted rules.
  795         Section 21. Section 531.61, Florida Statutes, is amended to
  796  read:
  797         531.61 Exemptions from permit requirement.—Commercial
  798  weights or measures instruments or devices are exempt from the
  799  permit requirements of ss. 531.60-531.66 if:
  800         (1) The device is a taximeter that is licensed, permitted,
  801  or registered by a municipality, county, or other local
  802  government and is tested for accuracy and compliance with state
  803  standards by the local government in cooperation with the state
  804  as authorized in s. 531.421.
  805         (2) The device is used exclusively for weighing railroad
  806  cars and is tested for accuracy and compliance with state
  807  standards by a private testing agency.
  808         (3) The device is used exclusively for measuring aviation
  809  fuel or petroleum products inspected under chapter 525.
  810         Section 22. Subsections (1), (2), and (4) of section
  811  531.62, Florida Statutes, are amended to read:
  812         531.62 Permit application and renewal.—
  813         (1) An application for a weights and measures commercial
  814  use permit shall be submitted to the department on a form
  815  prescribed and furnished by the department and must contain such
  816  information as the department may require by rule.
  817         (2) The application must be accompanied by a fee in an
  818  amount determined by the number and types of instruments or
  819  devices covered by the permit as provided by department rule.
  820  However, the fee for each instrument or device listed on the
  821  permit may not exceed the maximum limits set forth in s. 531.63.
  822         (4) A permit expires 2 years 1 year following its date of
  823  issue and must be renewed biennially annually. If a complete an
  824  application package for renewal is not received by the
  825  department before the permit expires within 30 days after its
  826  due date, a late fee of up to $100 must be paid in addition to
  827  the annual commercial use permit fee. However, a person may
  828  elect to renew a commercial use permit on an annual basis rather
  829  than a biennial basis. An annual renewal must meet the same
  830  requirements and conditions as a biennial renewal.
  831         Section 23. Paragraph (a) of subsection (1) and subsection
  832  (2) of section 531.63, Florida Statutes, are amended to read:
  833         531.63 Maximum permit fees.—The commercial use permit fees
  834  established for weights or measures instruments or devices shall
  835  be in an amount necessary to administer this chapter but may not
  836  exceed the amounts provided in this section.
  837         (1) For weighing devices, the fees must be based on the
  838  manufacturer’s rated capacity or the device’s design and use and
  839  whether measuring by inch or pounds or the metric equivalent:
  840         (a) For weighing devices of up to and including the 100
  841  pound capacity which are used during any portion of the period
  842  covered by the permit, the maximum annual fees per category of
  843  device retail establishment may not exceed the following:
  844         Number of devices
  845         in a single category retail
  846         establishment                                 Maximum Fee
  847         1 to 5                                                $60
  848         6 to 10                                              $150
  849         11 to 30                                             $200
  850         More than 30                                         $300
  851         (2) For other measuring devices, the annual permit fees per
  852  device may not exceed the following:
  853         (a) Mass flow meters having a maximum flow rate of up to
  854  150 pounds per minute......................................$100.
  855  This includes all mass flow meters used to dispense compressed
  856  and liquefied natural gas for retail sale.
  857         (b) Mass flow meters having a maximum flow rate greater
  858  than 150 pounds per minute.................................$500.
  859         (c) Volumetric flow meters having a maximum flow rate of up
  860  to 20 gallons per minute....................................$50.
  861  This includes all devices used to dispense diesel exhaust fluid
  862  for retail sale.
  863         (d) Volumetric flow meters having a maximum flow rate
  864  greater than 20 gallons per minute.........................$100.
  865         (e) Tanks, under 500 gallons capacity, used as measure
  866  containers, with or without gage rods or markers...........$100.
  867         (f) Tanks, 500 or more gallons capacity, used as measure
  868  containers, with or without gage rods or markers...........$200.
  869         (g) Taximeters.......................................$50.
  870         (h) Grain moisture meters............................$25.
  871         (h)(i) Multiple-dimension measuring
  872  devices....................................................$100.
  873         (i) Liquefied petroleum gas bulk delivery vehicles with a
  874  meter owned or leased by a liquefied petroleum gas licensee$150.
  875         Section 24. Section 531.65, Florida Statutes, is amended to
  876  read:
  877         531.65 Unauthorized use; penalties.—If a weights or
  878  measures instrument or device is used commercially without a
  879  valid commercial use permit, the department may do one or more
  880  of the following:
  881         (1) Prohibit the further commercial use of the unpermitted
  882  instrument or device until the proper permit has been issued.;
  883         (2) Employ and attach to the instrument or device such
  884  form, notice, tag, or seal to prevent the continued unauthorized
  885  use of the instrument or device.;
  886         (3) In addition to the permit fees prescribed by rule for
  887  the commercial use of a weights and measures instrument or
  888  device, assess the late fee authorized under s. 531.62.; or
  889         (4) Impose penalties as prescribed in s. 531.50 in addition
  890  to the payment of appropriate permit fees for the commercial use
  891  of a weights and measures instrument or device.
  892         Section 25. Paragraph (c) of subsection (3) of section
  893  539.001, Florida Statutes, is amended to read:
  894         539.001 The Florida Pawnbroking Act.—
  895         (3) LICENSE REQUIRED.—
  896         (c) Each license is valid for a period of 1 year unless it
  897  is earlier relinquished, suspended, or revoked. Each license
  898  shall be renewed annually, and each licensee shall, initially
  899  and annually thereafter, pay to the agency a license fee of $300
  900  for each license held. The agency shall waive the initial
  901  license fee for an honorably discharged veteran of the United
  902  States Armed Forces, the spouse of such a veteran, or a business
  903  entity that has a majority ownership held by such a veteran or
  904  spouse if the agency receives an application, in a format
  905  prescribed by the agency, within 60 months after the date of the
  906  veteran’s discharge from any branch of the United States Armed
  907  Forces. To qualify for the waiver, a veteran must provide to the
  908  agency a copy of his or her DD Form 214, as issued by the United
  909  States Department of Defense, or another acceptable form of
  910  identification as specified by the Department of Veterans’
  911  Affairs; the spouse of a veteran must provide to the agency a
  912  copy of the veteran’s DD Form 214, as issued by the United
  913  States Department of Defense, or another acceptable form of
  914  identification as specified by the Department of Veterans’
  915  Affairs, and a copy of a valid marriage license or certificate
  916  verifying that he or she was lawfully married to the veteran at
  917  the time of discharge; or a business entity must provide to the
  918  agency proof that a veteran or the spouse of a veteran holds a
  919  majority ownership in the business, a copy of the veteran’s DD
  920  Form 214, as issued by the United States Department of Defense,
  921  or another acceptable form of identification as specified by the
  922  Department of Veterans’ Affairs, and, if applicable, a copy of a
  923  valid marriage license or certificate verifying that the spouse
  924  of the veteran was lawfully married to the veteran at the time
  925  of discharge.
  926         Section 26. Subsection (3) of section 559.904, Florida
  927  Statutes, is amended to read:
  928         559.904 Motor vehicle repair shop registration;
  929  application; exemption.—
  930         (3)(a) Each application for registration must be
  931  accompanied by a registration fee calculated on a per-year basis
  932  as follows:
  933         1.(a) If the place of business has 1 to 5 employees: $50.
  934         2.(b) If the place of business has 6 to 10 employees: $150.
  935         3.(c) If the place of business has 11 or more employees:
  936  $300.
  937         (b) The department shall waive the initial registration fee
  938  for an honorably discharged veteran of the United States Armed
  939  Forces, the spouse of such a veteran, or a business entity that
  940  has a majority ownership held by such a veteran or spouse if the
  941  department receives an application, in a format prescribed by
  942  the department, within 60 months after the date of the veteran’s
  943  discharge from any branch of the United States Armed Forces. To
  944  qualify for the waiver, a veteran must provide to the department
  945  a copy of his or her DD Form 214, as issued by the United States
  946  Department of Defense, or another acceptable form of
  947  identification as specified by the Department of Veterans’
  948  Affairs; the spouse of a veteran must provide to the department
  949  a copy of the veteran’s DD Form 214, as issued by the United
  950  States Department of Defense, or another acceptable form of
  951  identification as specified by the Department of Veterans’
  952  Affairs, and a copy of a valid marriage license or certificate
  953  verifying that he or she was lawfully married to the veteran at
  954  the time of discharge; or a business entity must provide to the
  955  department proof that a veteran or the spouse of a veteran holds
  956  a majority ownership in the business, a copy of the veteran’s DD
  957  Form 214, as issued by the United States Department of Defense
  958  or another acceptable form of identification as specified by the
  959  Department of Veterans’ Affairs, and, if applicable, a copy of a
  960  valid marriage license or certificate verifying that the spouse
  961  of the veteran was lawfully married to the veteran at the time
  962  of discharge.
  963         Section 27. Section 559.9191, Florida Statutes, is created
  964  to read:
  965         559.9191Reimbursement from insurers.—
  966         (1)A motor vehicle repair shop may not directly seek
  967  reimbursement, payment, or benefits from an insurer unless all
  968  of the following conditions are satisfied:
  969         (a)The insurer consents to the repairs.
  970         (b)The customer under whose insurance policy the repairs
  971  will be made signs a document containing the following language
  972  in at least 16-point, boldfaced type: “I UNDERSTAND THAT A MOTOR
  973  VEHICLE REPAIR SHOP MAY SEEK REIMBURSEMENT FOR THEIR SERVICES
  974  FROM ANOTHER PARTY, SUCH AS MY INSURANCE COMPANY. I UNDERSTAND
  975  THAT IF THIS DAMAGE IS NOT COVERED BY MY INSURANCE POLICY, THE
  976  MOTOR VEHICLE REPAIR SHOP MAY SEEK REIMBURSEMENT FROM ME,
  977  PERSONALLY.”
  978         (c)The motor vehicle repair shop seeks reimbursement only
  979  for services detailed in the repair invoice required in s.
  980  559.911.
  981         (2)At least 15 business days prior to the initiation of
  982  civil litigation or arbitration to enforce the payment of
  983  benefits assigned, granted, or otherwise transferred by the
  984  insured customer to the motor vehicle repair shop, the shop
  985  shall obtain written consent from the customer. The consent
  986  form, which must be signed by the customer and provided to the
  987  insurer at least 7 business days before the initiation of
  988  litigation, must contain the following statement in 18-point,
  989  boldfaced type: “THIS CONTRACT ALLOWS ...(NAME OF COMPANY)... TO
  990  FILE A LAWSUIT TO SEEK BENEFITS ASSOCIATED WITH YOUR INSURANCE
  991  POLICY. YOUR WRITTEN CONSENT IS REQUIRED FOR THE FILING OF SUCH
  992  A LAWSUIT TO ENFORCE POST-CLAIM BENEFITS UNDER YOUR INSURANCE
  993  POLICY. BY SIGNING THIS FORM, YOU AGREE THAT ...(NAME OF
  994  COMPANY)... HAS THE RIGHT TO FILE A LAWSUIT FOR THESE INSURANCE
  995  BENEFITS.”
  996         Section 28. Subsections (1), (7), (8), (10), (11), and (13)
  997  of section 559.927, Florida Statutes, are amended to read:
  998         559.927 Definitions.—For the purposes of this part, the
  999  term:
 1000         (1) “Accommodations” means any hotel or motel room,
 1001  condominium or cooperative unit, cabin, lodge, or apartment; any
 1002  other commercial structure designed for occupancy by one or more
 1003  individuals; or any lodging establishment as provided by law.
 1004  The term does not include long-term home rentals covered under a
 1005  lease pursuant to chapter 83.
 1006         (7) “Prearranged travel or, tourist-related services, or
 1007  tour-guide services” includes, but is not limited to, car
 1008  rentals, lodging, transfers, and sightseeing tours and all other
 1009  such services that which are reasonably related to air, sea,
 1010  rail, motor coach, or other medium of transportation, or
 1011  accommodations for which a purchaser receives a premium or
 1012  contracts or pays before prior to or after departure. This term
 1013  These terms also includes include services for which a
 1014  purchaser, whose legal residence is outside the United States,
 1015  contracts or pays before prior to departure, and any arrangement
 1016  by which a purchaser prepays for, receives a reservation or any
 1017  other commitment to provide services before prior to departure
 1018  for, or otherwise arranges for travel directly to a terrorist
 1019  state and which originates in Florida.
 1020         (8) “Purchaser” means the purchaser of, or person otherwise
 1021  entitled to receive, prearranged travel or, tourist-related
 1022  services, or tour-guide services, for a fee or commission, or
 1023  who has acquired a vacation certificate for personal use.
 1024         (10) “Satisfactory consumer complaint history” means no
 1025  unresolved complaints regarding prearranged travel or, tourist
 1026  related services, or tour-guide services are on file with the
 1027  department. A complaint is unresolved when a seller of travel
 1028  does not respond to the department’s efforts to mediate the
 1029  complaint or a complaint where the department has determined
 1030  that a violation of this part has occurred and the complainant
 1031  complaint has not been satisfied by the seller of travel.
 1032         (11) “Seller of travel” means any resident or nonresident
 1033  person, firm, corporation, or business entity that who offers
 1034  for sale, directly or indirectly, at wholesale or retail,
 1035  prearranged travel or, tourist-related services, or tour-guide
 1036  services for individuals or groups, including, but not limited
 1037  to, vacation or tour packages, or vacation certificates in
 1038  exchange for a fee, commission, or other valuable consideration.
 1039  The term includes such person, firm, corporation, or business
 1040  entity who sells a vacation certificate to third-party merchants
 1041  for a fee, or in exchange for a commission, or who offers such
 1042  certificates to consumers in exchange for attendance at sales
 1043  presentations. The term also includes any business entity
 1044  offering membership in a travel club or travel services for an
 1045  advance fee or payment, even if no travel contracts or
 1046  certificates or vacation or tour packages are sold by the
 1047  business entity. The term does not include third parties who may
 1048  offer prearranged travel or tourist-related services, but do not
 1049  participate in travel fulfillment or vacation certificate
 1050  redemption.
 1051         (13) “Vacation certificate” means any arrangement, plan,
 1052  program, or vacation package, or advance travel purchase that
 1053  promotes, discusses, or discloses a destination or itinerary or
 1054  type of travel, whereby a purchaser for consideration paid in
 1055  advance is entitled to the use of travel, accommodations, or
 1056  facilities for any number of days, whether certain or uncertain,
 1057  during the period in which the certificate can be exercised, and
 1058  no specific date or dates for its use are designated. A vacation
 1059  certificate does not include prearranged travel or, tourist
 1060  related services, or tour-guide services when a seller of travel
 1061  remits full payment for the cost of such services to the
 1062  provider or supplier within 10 business days of the purchaser’s
 1063  initial payment to the seller of travel. The term does not
 1064  include travel if exact travel dates are selected, guaranteed,
 1065  and paid for at the time of the purchase.
 1066         Section 29. Subsections (2) through (9) of section 559.928,
 1067  Florida Statutes, are amended to read:
 1068         559.928 Registration.—
 1069         (2)(a) Registration fees shall be as follows:
 1070         1. Three hundred dollars per year per registrant certifying
 1071  its business activities under s. 559.9285(1)(a).
 1072         2. One thousand dollars per year per registrant certifying
 1073  its business activities under s. 559.9285(1)(b).
 1074         3. Twenty-five hundred dollars per year per registrant
 1075  certifying its business activities under s. 559.9285(1)(c).
 1076         (b) All amounts collected shall be deposited by the Chief
 1077  Financial Officer to the credit of the General Inspection Trust
 1078  Fund of the Department of Agriculture and Consumer Services
 1079  pursuant to s. 570.20, for the sole purpose of administration of
 1080  this part.
 1081         (c) The department shall waive the initial registration fee
 1082  for an honorably discharged veteran of the United States Armed
 1083  Forces, the spouse of such a veteran, or a business entity that
 1084  has a majority ownership held by such a veteran or spouse if the
 1085  department receives an application, in a format prescribed by
 1086  the department, within 60 months after the date of the veteran’s
 1087  discharge from any branch of the United States Armed Forces. To
 1088  qualify for the waiver, a veteran must provide to the department
 1089  a copy of his or her DD Form 214, as issued by the United States
 1090  Department of Defense, or another acceptable form of
 1091  identification as specified by the Department of Veterans’
 1092  Affairs; the spouse of a veteran must provide to the department
 1093  a copy of the veteran’s DD Form 214, as issued by the United
 1094  States Department of Defense, or another acceptable form of
 1095  identification as specified by the Department of Veterans’
 1096  Affairs, and a copy of a valid marriage license or certificate
 1097  verifying that he or she was lawfully married to the veteran at
 1098  the time of discharge; or a business entity must provide to the
 1099  department proof that a veteran or the spouse of a veteran holds
 1100  a majority ownership in the business, a copy of the veteran’s DD
 1101  Form 214, as issued by the United States Department of Defense,
 1102  or another acceptable form of identification as specified by the
 1103  Department of Veterans’ Affairs, and, if applicable, a copy of a
 1104  valid marriage license or certificate verifying that the spouse
 1105  of the veteran was lawfully married to the veteran at the time
 1106  of discharge.
 1107         (3) Each independent agent shall annually file an
 1108  application affidavit with the department before prior to
 1109  engaging in business in this state. This application affidavit
 1110  must include the independent agent’s full name, legal business
 1111  or trade name, mailing address, business address, telephone
 1112  number, and the name and address of each seller of travel
 1113  represented by the independent agent. A letter evidencing proof
 1114  of filing must be issued by the department and must be
 1115  prominently displayed in the independent agent’s primary place
 1116  of business. Each independent agent must also submit an annual
 1117  registration fee of $50. All moneys collected pursuant to the
 1118  imposition of the fee shall be deposited by the Chief Financial
 1119  Officer into the General Inspection Trust Fund of the Department
 1120  of Agriculture and Consumer Services for the sole purpose of
 1121  administrating this part. As used in this subsection, the term
 1122  “independent agent” means a person who represents a seller of
 1123  travel by soliciting persons on its behalf; who has a written
 1124  contract with a seller of travel which is operating in
 1125  compliance with this part and any rules adopted thereunder; who
 1126  does not receive a fee, commission, or other valuable
 1127  consideration directly from the purchaser for the seller of
 1128  travel; who does not at any time have any unissued ticket stock
 1129  or travel documents in his or her possession; and who does not
 1130  have the ability to issue tickets, vacation certificates, or any
 1131  other travel document. The term “independent agent” does not
 1132  include an affiliate of the seller of travel, as that term is
 1133  used in s. 559.935(3), or the employees of the seller of travel
 1134  or of such affiliates.
 1135         (4) A Any person applying for or renewing a local business
 1136  tax receipt to engage in business as a seller of travel must
 1137  exhibit a current registration certificate from the department
 1138  before the local business tax receipt may be issued or reissued.
 1139         (5) Each contract, advertisement, certificate, or travel
 1140  document of a seller of travel must include the phrase “...(NAME
 1141  OF FIRM)... is registered with the State of Florida as a Seller
 1142  of Travel. Registration No......”
 1143         (6) Each advertisement of a seller of travel must include
 1144  the phrase “Fla. Seller of Travel Reg. No......”
 1145         (6)(7)A No registration is not shall be valid for any
 1146  seller of travel transacting business at any place other than
 1147  that designated in its application, unless the department is
 1148  first notified in writing in advance of any change of location.
 1149  A Nor shall the registration is not be valid for an affiliate of
 1150  the seller of travel who engages in the prearranged travel and
 1151  tourist business. A registration issued under this part may
 1152  shall not be assignable, and the seller of travel may shall not
 1153  be permitted to conduct business under more than one name except
 1154  as registered. A seller of travel desiring to change its
 1155  registered name or location or designated agent for service of
 1156  process at a time other than upon renewal of registration shall
 1157  notify the department of such change.
 1158         (7)(8) Applications under this section are shall be subject
 1159  to the provisions of s. 120.60.
 1160         (8)(9) The department may deny, or refuse to renew, or
 1161  revoke the registration of any seller of travel based upon a
 1162  determination that the seller of travel, or any of its
 1163  directors, officers, owners, or general partners while acting on
 1164  behalf of the seller of travel:
 1165         (a) Has failed to meet the requirements for registration as
 1166  provided in this part;
 1167         (b) Has been convicted of a crime involving fraud, theft,
 1168  embezzlement, dishonest dealing, or any other act of moral
 1169  turpitude or any other act arising out of conduct as a seller of
 1170  travel;
 1171         (c) Has not satisfied a civil fine or penalty arising out
 1172  of any administrative or enforcement action brought by any
 1173  governmental agency or private person based upon conduct
 1174  involving fraud, theft, embezzlement, dishonest dealing, or any
 1175  violation of this part; or
 1176         (d) Has pending against her or him any criminal,
 1177  administrative, or enforcement proceedings in any jurisdiction,
 1178  based upon conduct involving fraud, dishonest dealing, or any
 1179  other act of moral turpitude; or
 1180         (d)(e) Has had a judgment entered against her or him in any
 1181  action brought by the department or the Department of Legal
 1182  Affairs pursuant to ss. 501.201-501.213 or this act part.
 1183         (9)The department may deny or refuse to renew the
 1184  registration of any seller of travel based upon a determination
 1185  by the department that the seller of travel, or any of the
 1186  seller’s directors, officers, owners, or general partners has
 1187  pending against him or her while acting on behalf of the seller
 1188  of travel any criminal, administrative, or enforcement
 1189  proceedings in any jurisdiction, based upon conduct involving
 1190  fraud, theft, embezzlement, dishonest dealing, or any other act
 1191  of moral turpitude.
 1192         Section 30. Subsections (2) through (6) of section 559.929,
 1193  Florida Statutes, are amended to read:
 1194         559.929 Security requirements.—
 1195         (2) The bond must be filed with the department on a form
 1196  adopted by department rule and must be in favor of the
 1197  department for the use and benefit of a consumer traveler who is
 1198  injured by the fraud, misrepresentation, breach of contract, or
 1199  financial failure, or any other violation of this part by the
 1200  seller of travel. Such liability may be enforced by proceeding
 1201  in an administrative action as specified in subsection (3) or by
 1202  filing a civil action. However, in such civil action the bond
 1203  posted with the department shall not be amenable or subject to a
 1204  judgment or other legal process issuing out of or from such
 1205  court in connection with such civil action, but such bond shall
 1206  be amenable to and enforceable only by and through
 1207  administrative proceedings before the department. It is the
 1208  intent of the Legislature that such bond be applicable and
 1209  liable only for the payment of claims duly adjudicated by order
 1210  of the department. The bond must be open to successive claims,
 1211  but the aggregate amount awarded may not exceed the amount of
 1212  the bond. In addition to the foregoing, a bond provided by a
 1213  registrant or applicant for registration which certifies its
 1214  business activities under s. 559.9285(1)(b) or (c) must be in
 1215  favor of the department, with payment in the following order of
 1216  priority:
 1217         (a) The expenses for prosecuting the registrant or
 1218  applicant in an administrative or civil action under this part,
 1219  including attorney fees and fees for other professionals, court
 1220  costs or other costs of the proceedings, and all other expenses
 1221  incidental to the action.
 1222         (b) The costs and expenses of investigation before the
 1223  commencement of an administrative or civil action under this
 1224  part.
 1225         (c) An unpaid administrative fine imposed by final order or
 1226  an unpaid civil penalty imposed by final judgment under this
 1227  part.
 1228         (d) Damages or compensation for a consumer traveler injured
 1229  as provided in this subsection.
 1230         (3) A consumer traveler may file a claim against the bond.
 1231  Such claim, which must be submitted in writing on an affidavit
 1232  form adopted by department rule, must be submitted to the
 1233  department within 120 days after an alleged injury has occurred
 1234  or is discovered to have occurred or a judgment has been
 1235  entered. The proceedings shall be conducted pursuant to chapter
 1236  120. For proceedings conducted pursuant to ss. 120.569 and
 1237  120.57, the agency shall act only as a nominal party.
 1238         (4) A consumer who is injured by the applicant, or the
 1239  department or another governmental agency acting on behalf of
 1240  the injured consumer, may bring and maintain an action to
 1241  recover against the bond.
 1242         (5) Any indebtedness determined by final order of the
 1243  department shall be paid by the seller of travel to the
 1244  department within 30 days after the order is entered for
 1245  disbursement to the consumer. If the seller of travel fails to
 1246  make payment within 30 days, the agency shall make a demand for
 1247  payment upon the surety which includes an institution issuing a
 1248  letter of credit or depository on a certificate of deposit. Upon
 1249  failure of a surety to comply with a demand for payment pursuant
 1250  to a final order, the department may file an action in circuit
 1251  court to recover payment, up to the amount of the bond or other
 1252  form of security, pursuant to s. 120.69. If the department
 1253  prevails, the department may recover court costs and reasonable
 1254  attorney fees.
 1255         (6)(5) If the seller of travel is currently the subject of
 1256  an administrative, civil, or criminal action by the department,
 1257  the Department of Legal Affairs, or the state attorney relating
 1258  to compliance with this part, the right to proceed against the
 1259  bond as provided in subsection (3) is suspended until any
 1260  enforcement action becomes final.
 1261         (7)(6) The department may waive the bond requirement on an
 1262  annual basis if the seller of travel has had 5 or more
 1263  consecutive years of experience as a seller of travel in this
 1264  state in compliance with this part, has not had a civil,
 1265  criminal, or administrative action instituted against the seller
 1266  of travel in the vacation and travel business by a governmental
 1267  agency or an action involving fraud, theft, misappropriation of
 1268  property, violation of a statute pertaining to business or
 1269  commerce with a terrorist state, or moral turpitude, or other
 1270  violation of this part and has a satisfactory consumer complaint
 1271  history with the department, and certifies its business
 1272  activities under s. 559.9285. Such waiver may be revoked if the
 1273  seller of travel violates this part. A seller of travel which
 1274  certifies its business activities under s. 559.9285(1)(b) or (c)
 1275  is not entitled to the waiver provided in this subsection.
 1276         Section 31. Subsections (2) and (17) of section 559.9295,
 1277  Florida Statutes, are amended to read:
 1278         559.9295 Submission of vacation certificate documents.
 1279  Sellers of travel who offer vacation certificates must submit
 1280  and disclose to the department with the application for
 1281  registration, and any time such document is changed, but prior
 1282  to the sale of any vacation certificate, the following
 1283  materials:
 1284         (2) A copy of each promotional brochure, pamphlet, form
 1285  letter, registration form, or any other written material
 1286  disseminated in connection with the advertising, promotion, or
 1287  sale of any vacation certificate. Any such promotional materials
 1288  that include terms such “free,” “awarded,” “prize,” “absolutely
 1289  without charge,” and “free of charge,” or similar words or
 1290  groups of words, which might reasonably lead a person to believe
 1291  that he or she may receive, or has been selected to receive,
 1292  something of value without making full or partial compensation
 1293  in any form from the recipient must:
 1294         (a) Clearly and conspicuously display the following
 1295  disclosure in at least 12-point type: ....(NAME OF FIRM).... is
 1296  registered with the State of Florida as a seller of travel,
 1297  Registration No....THIS IS NOT A FREE OFFER. SEE TERMS AND
 1298  CONDITIONS VIA WWW.(OFFER WEBSITE).COM. RESPONSE TO THIS OFFER
 1299  DOES NOT GUARANTEE TRAVEL.” The offer website referred to in the
 1300  disclosure must include, and clearly indicate, the terms and
 1301  conditions for such a vacation certificate offer.
 1302         (b)Disclose the number of individuals who actually
 1303  traveled pursuant to the vacation certificate, as opposed to the
 1304  number of individuals who submitted or otherwise activated the
 1305  vacation certificate, in the 12 months preceding issuance of the
 1306  promotional material.
 1307         (17) Within 10 working days after receipt of any materials
 1308  submitted subsequent to filing an initial registration
 1309  application or any annual renewal thereof, the department shall
 1310  determine whether such materials are adequate to meet the
 1311  requirements of this section. The department shall notify the
 1312  seller of travel that materials submitted are in substantial
 1313  compliance, or shall notify the seller of travel of any specific
 1314  deficiencies. If the department fails to notify the seller of
 1315  travel of its determination within the period specified in this
 1316  subsection, the materials shall be deemed in compliance;
 1317  however, the failure of the department to send notification in
 1318  either case will not relieve the seller of travel from the duty
 1319  of complying with this section.
 1320  
 1321  Neither the submission of these materials nor the department’s
 1322  response implies approval, recommendation, or endorsement by the
 1323  department or that the contents of said materials have been
 1324  verified by the department.
 1325         Section 32. Section 559.932, Florida Statutes, is amended
 1326  to read:
 1327         559.932 Vacation certificate disclosure.—
 1328         (1) A It shall be unlawful for any seller of travel must to
 1329  fail to provide each person solicited with a contract that
 1330  includes which shall include the following information, which
 1331  shall be in 12-point type, unless otherwise specified:
 1332         (a) A space for the date, name, address, and signature of
 1333  the purchaser.
 1334         (b) The expiration date of the vacation certificate and the
 1335  terms and conditions of its extension or renewal, if available.
 1336         (c) The name and business address of any seller of travel
 1337  who may solicit vacation certificate purchasers for further
 1338  purchases, and a full and complete statement as to the nature
 1339  and method of that solicitation.
 1340         (d) The total financial obligation of the purchaser which
 1341  shall include the initial purchase price and any additional
 1342  charges to which the purchaser may be subject, including, but
 1343  not limited to, any per diem, seasonal, reservation, or
 1344  recreational charge.
 1345         (e) The name and street address of any person who has the
 1346  right to alter, amend, or add to the charges to which the
 1347  purchaser may be subject and the terms and conditions under
 1348  which such charges may be imposed.
 1349         (f) If any accommodation or facility which a purchaser
 1350  acquires the right to use pursuant to the vacation certificate
 1351  is not completed at the time the certificate is offered for
 1352  sale, the date of availability of each component of the
 1353  accommodation or facility.
 1354         (g) By means of a section entitled “terms and conditions”:
 1355         1. All eligibility requirements for use of the vacation
 1356  certificate, including, but not limited to, age, sex, marital
 1357  status, group association, residency, or geographic limitations.
 1358         2. All eligibility requirements for use of any discount or
 1359  complimentary coupon or ticket.
 1360         3. A statement as to whether transportation and meals are
 1361  provided pursuant to use of the certificate.
 1362         4. Any room deposit requirement, including all conditions
 1363  for its return or refund.
 1364         5. The manner in which reservation requests are to be made
 1365  and the method by which they are to be confirmed.
 1366         6. Any identification, credential, or other means by which
 1367  a purchaser must establish her or his entitlement to the rights,
 1368  benefits, or privileges of the vacation certificate.
 1369         7. Any restriction or limitation upon transfer of the
 1370  vacation certificate or any right, benefit, or privilege
 1371  thereunder.
 1372         8. Any other term, limitation, condition, or requirement
 1373  material to use of the vacation certificate or any right,
 1374  benefit, or privilege thereunder.
 1375         (h) In immediate proximity to the space reserved in the
 1376  contract for the date and the name, address, and signature of
 1377  the purchaser, the following statement in boldfaced type of a
 1378  size of 10 points:
 1379  
 1380         “YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR
 1381  OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT
 1382  OF THE VACATION CERTIFICATE, WHICHEVER OCCURS LATER.”
 1383         “YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMMODATIONS OR
 1384  FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS
 1385  PROVIDED IN THE CONTRACT.”
 1386         “TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A
 1387  STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED
 1388  AND POSTMARKED, OR DELIVERED TO ...(NAME)... AT ...(ADDRESS)...
 1389  NO LATER THAN MIDNIGHT OF ....(DATE).....”
 1390         “IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN
 1391  WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATE
 1392  AND SENDING NOTICE TO: ...(NAME OF SELLER)... AT ...(SELLER’S
 1393  ADDRESS)....”
 1394         (i) In immediate proximity to the statement required in
 1395  paragraph (h), the following statement in boldfaced type of a
 1396  size of 12 10 points:
 1397  
 1398         “NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN
 1399  THOSE INCLUDED IN THIS CONTRACT.”
 1400  
 1401  However, inclusion of this statement shall not impair any
 1402  purchaser’s right to bring legal action based on verbal
 1403  statements.
 1404         (j) In immediate proximity to the statement required in
 1405  paragraph (i), the following statement:
 1406         “This contract is for the purchase of a vacation
 1407  certificate and puts all assignees on notice of the consumer’s
 1408  right to cancel under section 559.933, Florida Statutes.”
 1409         (2) If a sale or agreement to purchase a vacation
 1410  certificate is completed over the telephone, the seller shall
 1411  inform the purchaser over the telephone that:
 1412         (a) The purchaser may cancel the contract without any
 1413  penalty or obligation within 30 days from the date of purchase
 1414  or receipt of the vacation certificate, whichever occurs later.
 1415         (b) The purchaser may also cancel the contract if
 1416  accommodations or facilities are not available upon request for
 1417  use as provided in the contract.
 1418         (3) Upon receipt of a copy of a vacation certificate or
 1419  contract required pursuant to s. 559.9295, the department shall
 1420  review the certificate or contract for compliance with the
 1421  disclosures required under this section. The submission of the
 1422  certificate or contract, and the department’s response, do not
 1423  imply approval, recommendation, or endorsement by the department
 1424  or that the contents of the certificate or contract have been
 1425  verified by the department.
 1426         Section 33. Section 559.933, Florida Statutes, is amended
 1427  to read:
 1428         559.933 Vacation certificate cancellation and refund
 1429  provisions.—
 1430         (1) A It shall be unlawful for any seller of travel or
 1431  assignee must honor a purchaser’s request to cancel a vacation
 1432  certificate if such request is made:
 1433         (1) To fail or refuse to honor a purchaser’s vacation
 1434  certificate request to cancel if such request is made:
 1435         (a) Within 30 days after from the date of purchase or
 1436  receipt of the vacation certificate, whichever occurs later; or
 1437         (b) At any time accommodations or facilities are not
 1438  available pursuant to a request for use as provided in the
 1439  contract, provided that:
 1440         1. The contract may shall not require notice greater than
 1441  60 days in advance of the date requested for use;
 1442         2. If acceptable to the purchaser, comparable alternate
 1443  accommodations or facilities in a city, or reservations for a
 1444  date different than that requested, may be provided.
 1445         (2) A seller of travel or assignee must To fail to refund
 1446  any and all payments made by the vacation certificate purchaser
 1447  within 30 days after receipt of the certificate and notice of
 1448  cancellation made pursuant to this section, if the purchaser has
 1449  not received any benefits pursuant to the vacation certificate.
 1450         (3) A seller of travel or assignee must, if the purchaser
 1451  has received any benefits pursuant to the vacation certificate,
 1452  to fail to refund within 30 days after receipt of the
 1453  certificate and notice of cancellation made pursuant to this
 1454  section any and all payments made by the purchaser which exceed
 1455  a pro rata portion of the total price, representing the portion
 1456  of any benefits actually received by the vacation certificate
 1457  purchaser during the time preceding cancellation.
 1458         (4) If Where any purchaser has received confirmation of
 1459  reservations in advance and is refused accommodations upon
 1460  arrival, a seller of travel or assignee must to fail to procure
 1461  comparable alternate accommodations for the purchaser in the
 1462  same city at no expense to the purchaser, or to fail to fully
 1463  compensate the purchaser for the room rate incurred in securing
 1464  comparable alternate accommodations himself or herself.
 1465         (5) A seller of travel or assignee may not To collect more
 1466  than the full contract price from the purchaser.
 1467         (6) A seller of travel or assignee may not To sell, assign,
 1468  or otherwise transfer any interest in a seller of travel
 1469  business, or to sell, assign, or otherwise transfer to a third
 1470  party any interest in any vacation certificate unless:
 1471         (a) The third party agrees in writing to fully honor the
 1472  rights of vacation certificate purchasers to cancel and to
 1473  receive an appropriate refund or reimbursement as provided in
 1474  this section.
 1475         (b) The third party agrees in writing to comply with all
 1476  other provisions of this part for as long as the third party
 1477  continues the sale of vacation certificates or for the duration
 1478  of the period of validity of outstanding vacation certificates,
 1479  whichever is longer in time.
 1480         (c) The seller of travel agrees to be liable for and fully
 1481  indemnify a purchaser from any loss occasioned by the failure of
 1482  the third party to honor the purchaser’s right to cancel and
 1483  failure to make prompt and complete refund to the purchaser of
 1484  all sums paid to the third party, or occasioned by the third
 1485  party’s failure to comply with the provisions of this part.
 1486         (7) A seller of travel or assignee must To fail to fulfill
 1487  the terms of a vacation certificate within 18 months after of
 1488  the initial payment of any consideration by the purchaser to a
 1489  seller of travel or third party.
 1490         Section 34. Section 559.9335, Florida Statutes, is amended
 1491  to read:
 1492         559.9335 Violations.—It is a violation of this part for any
 1493  seller of travel, independent agent, assignee, or other person:
 1494         (1) To conduct business as a seller of travel without
 1495  registering annually with the department unless exempt pursuant
 1496  to s. 559.935.
 1497         (2) To conduct business as a seller of travel without an
 1498  annual purchase of a performance bond in the amount set by the
 1499  department unless exempt pursuant to s. 559.935.
 1500         (3) Knowingly to make any false statement, representation,
 1501  or certification in any application, document, or record
 1502  required to be submitted or retained under this part or in any
 1503  response to an inquiry or investigation conducted by the
 1504  department or any other governmental agency.
 1505         (4) Knowingly to sell or market any number of vacation
 1506  certificates that exceed the number disclosed to the department
 1507  pursuant to this section.
 1508         (5) Knowingly to sell or market vacation certificates with
 1509  an expiration date of more than 18 months from the date of
 1510  issuance.
 1511         (6) Knowingly to require, request, encourage, or suggest,
 1512  directly or indirectly, that payment for the right to obtain a
 1513  travel contract, certificate, or vacation package must be by
 1514  credit card authorization or to otherwise announce a preference
 1515  for that method of payment over any other when no correct and
 1516  true explanation for such preference is likewise stated.
 1517         (6)(7) Knowingly to state, represent, indicate, suggest, or
 1518  imply, directly or indirectly, that the travel contract,
 1519  certificate, or vacation package being offered by the seller of
 1520  travel cannot be purchased at some later time or may not
 1521  otherwise be available after the initial contact, or that
 1522  callbacks by the prospective purchaser are not accepted, when no
 1523  such restrictions or limitations in fact exist.
 1524         (7)(8) To misrepresent in any manner the purchaser’s right
 1525  to cancel and to receive an appropriate refund or reimbursement
 1526  as provided by this part.
 1527         (8)(9) To sell any vacation certificate the duration of
 1528  which exceeds the duration of any agreement between the seller
 1529  and any business entity obligated thereby to provide
 1530  accommodations or facilities pursuant to the vacation
 1531  certificate.
 1532         (9)(10) To misrepresent or deceptively represent:
 1533         (a) The amount of time or period of time accommodations or
 1534  facilities will be available.
 1535         (b) The location of accommodations or facilities offered.
 1536         (c) The price, size, nature, extent, qualities, or
 1537  characteristics of accommodations or facilities offered.
 1538         (d) The nature or extent of other goods, services, or
 1539  amenities offered.
 1540         (e) A purchaser’s rights, privileges, or benefits.
 1541         (f) The conditions under which the purchaser may obtain a
 1542  reservation for the use of offered accommodations or facilities.
 1543         (g) That the recipient of an advertisement or promotional
 1544  materials is a winner, or has been selected, or is otherwise
 1545  being involved in a select group for receipt, of a gift, award,
 1546  or prize, unless this fact is the truth.
 1547         (10)(11) To fail to inform a purchaser of a nonrefundable
 1548  cancellation policy before prior to the seller of travel
 1549  accepting any fee, commission, or other valuable consideration.
 1550         (11)(12) To fail to include, when offering to sell a
 1551  vacation certificate, in any advertisement or promotional
 1552  material, the following statement: “This is an offer to sell
 1553  travel.”
 1554         (12)(13) To fail to honor and comply with all provisions of
 1555  the vacation certificate regarding the purchaser’s rights,
 1556  benefits, and privileges thereunder.
 1557         (13)(14)(a) To include in any vacation certificate or
 1558  contract any provision purporting to waive or limit any right or
 1559  benefit provided to purchasers under this part; or
 1560         (b) To seek or solicit such waiver or acceptance of
 1561  limitation from a purchaser concerning rights or benefits
 1562  provided under this part.
 1563         (14)(15) To offer vacation certificates for any
 1564  accommodation or facility for which there is no contract with
 1565  the owner of the accommodation or facility securing the
 1566  purchaser’s right to occupancy and use, unless the seller is the
 1567  owner.
 1568         (15)(16) To use a local mailing address, registration
 1569  facility, drop box, or answering service in the promotion,
 1570  advertising, solicitation, or sale of vacation certificates,
 1571  unless the seller’s fixed business address is clearly disclosed
 1572  during any telephone solicitation and is prominently and
 1573  conspicuously disclosed on all solicitation materials and on the
 1574  contract.
 1575         (16)(17) To use any registered trademark, trade name, or
 1576  trade logo in any promotional, advertising, or solicitation
 1577  materials without written authorization from the holder of such
 1578  trademark, trade name, or trade logo.
 1579         (17)(18) To represent, directly or by implication, any
 1580  affiliation with, or endorsement by, any governmental,
 1581  charitable, educational, medical, religious, fraternal, or civic
 1582  organization or body, or any individual, in the promotion,
 1583  advertisement, solicitation, or sale of vacation certificates
 1584  without express written authorization.
 1585         (18)(19) To sell a vacation certificate to any purchaser
 1586  who is ineligible for its use.
 1587         (19)(20) To sell any number of vacation certificates in
 1588  excess of exceeding the number of available accommodations
 1589  disclosed pursuant to this part.
 1590         (20)(21) During the period of a vacation certificate’s
 1591  validity, in the event, for any reason whatsoever, of lapse or
 1592  breach of an agreement for the provision of accommodations or
 1593  facilities to purchasers, to fail to procure similar agreement
 1594  for the provision of comparable alternate accommodations or
 1595  facilities in the same city or surrounding area.
 1596         (21)(22) To offer to sell, at wholesale or retail,
 1597  prearranged travel or, tourist-related services, or tour-guide
 1598  services for individuals or groups directly to any terrorist
 1599  state and which originate in Florida, without disclosing such
 1600  business activities in a certification filed under s.
 1601  559.9285(1)(b) or (c).
 1602         (22)(23) To violate any state or federal law restricting or
 1603  prohibiting commerce with terrorist states.
 1604         (23)(24) To engage in do any other fraudulent action that
 1605  act which constitutes fraud, misrepresentation, or failure to
 1606  disclose a material fact, or to commit any other violation of,
 1607  or fail to comply with, this part.
 1608         (24)(25) To refuse or fail, or for any of its principal
 1609  officers to refuse or fail, after notice, to produce any
 1610  document or record or disclose any information required to be
 1611  produced or disclosed.
 1612         (25)(26) Knowingly to make a material false statement in
 1613  response to any request or investigation by the department, the
 1614  Department of Legal Affairs, or the state attorney.
 1615         Section 35. Subsections (3) and (4) of section 559.935,
 1616  Florida Statutes, are amended to read:
 1617         559.935 Exemptions.—
 1618         (3) Sections 559.928, 559.929, 559.9295, 559.931, and
 1619  559.932 shall also do not apply to a seller of travel that is an
 1620  affiliate of an entity exempt pursuant to subsection (2) subject
 1621  to the following conditions:
 1622         (a) If In the event the department finds the affiliate does
 1623  not have a satisfactory consumer complaint history or the
 1624  affiliate fails to respond to a consumer complaint within 30
 1625  days, the related seller of travel exempt pursuant to subsection
 1626  (2) is shall be liable for the actions of the affiliate, subject
 1627  to the remedies provided in ss. 559.9355 and 559.936.
 1628         (b) If In the event the department is unable to locate an
 1629  affiliate, the related seller of travel exempt pursuant to
 1630  subsection (2) is shall be fully liable for the actions of the
 1631  affiliate, subject to the remedies provided in ss. 559.9355 and
 1632  559.936.
 1633         (c) In order to obtain an exemption under this subsection,
 1634  the affiliate shall file an affidavit of exemption on a form
 1635  prescribed by the department and shall certify its business
 1636  activities under s. 559.9285(1)(a). The affidavit of exemption
 1637  shall be executed by a person who exercises identical control
 1638  over the seller of travel exempt pursuant to subsection (2) and
 1639  the affiliate. Failure to file an affidavit of exemption or
 1640  certification under s. 559.9285(1)(a) prior to engaging in
 1641  seller of travel activities shall subject the affiliate to the
 1642  remedies provided in ss. 559.9355 and 559.936.
 1643         (c)(d) Revocation by the department of an exemption
 1644  provided to a seller of travel under subsection (2) shall
 1645  constitute automatic revocation by law of an exemption obtained
 1646  by an affiliate under the subsection.
 1647         (d)(e) This subsection does shall not apply to:
 1648         1. An affiliate that independently qualifies for another
 1649  exemption under this section.
 1650         2. An affiliate that sells, or offers for sale, vacation
 1651  certificates.
 1652         3. An affiliate that certifies its business activities
 1653  under s. 559.9285(1)(b) or (c).
 1654         (e)(f) For purposes of this section, the term an
 1655  “affiliate” means an entity that meets the following:
 1656         1. The entity has the identical ownership as the seller of
 1657  travel that is exempt under subsection (2).
 1658         2. The ownership controlling the seller of travel that is
 1659  exempt under subsection (2) also exercises identical control
 1660  over the entity.
 1661         3. The owners of the affiliate hold the identical
 1662  percentage of voting shares as they hold in the seller of travel
 1663  that is exempt under subsection (2).
 1664         (4) The department may revoke the exemption provided in
 1665  subsection (2) or subsection (3) if the department finds that
 1666  the seller of travel does not have a satisfactory consumer
 1667  complaint history, has been convicted of a crime involving
 1668  fraud, theft, embezzlement, misappropriation of property,
 1669  deceptive or unfair trade practices, or moral turpitude, or has
 1670  not complied with the terms of any order or settlement agreement
 1671  arising out of an administrative or enforcement action brought
 1672  by a governmental agency or private person based on conduct
 1673  involving fraud, theft, embezzlement, misappropriation of
 1674  property, deceptive or unfair trade practices, or moral
 1675  turpitude.
 1676         Section 36. Subsection (3) of section 559.936, Florida
 1677  Statutes, is amended to read:
 1678         559.936 Civil penalties; remedies.—
 1679         (3) The department may seek a civil penalty in the Class
 1680  III category pursuant to s. 570.971 for each act or omission in
 1681  violation of s. 559.9335(21) or (22) s. 559.9335(22) or (23).
 1682         Section 37. Paragraph (b) of subsection (5), paragraph (a)
 1683  of subsection (10), and subsections (15) and (16) of section
 1684  616.242, Florida Statutes, are amended to read:
 1685         616.242 Safety standards for amusement rides.—
 1686         (5) ANNUAL PERMIT.—
 1687         (b) To apply for an annual permit, an owner must submit to
 1688  the department a written application on a form prescribed by
 1689  rule of the department, which must include the following:
 1690         1. The legal name, address, and primary place of business
 1691  of the owner.
 1692         2. A description, manufacturer’s name, serial number, model
 1693  number and, if previously assigned, the United States Amusement
 1694  Identification Number of the amusement ride.
 1695         3. A valid certificate of insurance or bond for each
 1696  amusement ride.
 1697         4. An affidavit of compliance that the amusement ride was
 1698  inspected in person by the affiant and that the amusement ride
 1699  is in general conformance with the requirements of this section
 1700  and all applicable rules adopted by the department. The
 1701  affidavit must be executed by a professional engineer or a
 1702  qualified inspector no earlier than 60 days before, but not
 1703  later than, the date of the filing of the application with the
 1704  department. The owner shall request inspection and permitting of
 1705  the amusement ride within 60 days of the date of filing the
 1706  application with the department. The department shall inspect
 1707  and permit the amusement ride within 60 days after filing the
 1708  application with the department.
 1709         5. If required by subsection (6), an affidavit of
 1710  nondestructive testing dated and executed no earlier than 60
 1711  days before prior to, but not later than, the date of the filing
 1712  of the application with the department. The owner shall request
 1713  inspection and permitting of the amusement ride within 60 days
 1714  of the date of filing the application with the department. The
 1715  department shall inspect and permit the amusement ride within 60
 1716  days after filing the application with the department.
 1717         6. A request for inspection.
 1718         7. Upon request, the owner shall, at no cost to the
 1719  department, provide the department a copy of the manufacturer’s
 1720  current recommended operating instructions in the possession of
 1721  the owner, the owner’s operating fact sheet, and any written
 1722  bulletins in the possession of the owner concerning the safety,
 1723  operation, or maintenance of the amusement ride.
 1724         (10) EXEMPTIONS.—
 1725         (a) This section does not apply to:
 1726         1. Permanent facilities that employ at least 1,000 full
 1727  time employees and that maintain full-time, in-house safety
 1728  inspectors. Furthermore, the permanent facilities must file an
 1729  affidavit of the annual inspection with the department, on a
 1730  form prescribed by rule of the department. Additionally, the
 1731  Department of Agriculture and Consumer Services may consult
 1732  annually with the permanent facilities regarding industry safety
 1733  programs.
 1734         2. Any playground operated by a school, local government,
 1735  or business licensed under chapter 509, if the playground is an
 1736  incidental amenity and the operating entity is not primarily
 1737  engaged in providing amusement, pleasure, thrills, or
 1738  excitement.
 1739         3. Museums or other institutions principally devoted to the
 1740  exhibition of products of agriculture, industry, education,
 1741  science, religion, or the arts.
 1742         4. Conventions or trade shows for the sale or exhibit of
 1743  amusement rides if there are a minimum of 15 amusement rides on
 1744  display or exhibition, and if any operation of such amusement
 1745  rides is limited to the registered attendees of the convention
 1746  or trade show.
 1747         5. Skating rinks, arcades, laser lazer or paint ball war
 1748  games, bowling alleys, miniature golf courses, mechanical bulls,
 1749  inflatable rides, trampolines, ball crawls, exercise equipment,
 1750  jet skis, paddle boats, airboats, helicopters, airplanes,
 1751  parasails, hot air or helium balloons whether tethered or
 1752  untethered, theatres, batting cages, stationary spring-mounted
 1753  fixtures, rider-propelled merry-go-rounds, games, side shows,
 1754  live animal rides, or live animal shows.
 1755         6. Go-karts operated in competitive sporting events if
 1756  participation is not open to the public.
 1757         7. Nonmotorized playground equipment that is not required
 1758  to have a manager.
 1759         8. Coin-actuated amusement rides designed to be operated by
 1760  depositing coins, tokens, credit cards, debit cards, bills, or
 1761  other cash money and which are not required to have a manager,
 1762  and which have a capacity of six persons or less.
 1763         9. Facilities described in s. 549.09(1)(a) when such
 1764  facilities are operating cars, trucks, or motorcycles only.
 1765         10. Battery-powered cars or other vehicles that are
 1766  designed to be operated by children 7 years of age or under and
 1767  that cannot exceed a speed of 4 miles per hour.
 1768         11. Mechanically driven vehicles that pull train cars,
 1769  carts, wagons, or other similar vehicles, that are not confined
 1770  to a metal track or confined to an area but are steered by an
 1771  operator and do not exceed a speed of 4 miles per hour.
 1772         12. A water-related amusement ride operated by a business
 1773  licensed under chapter 509 if the water-related amusement ride
 1774  is an incidental amenity and the operating business is not
 1775  primarily engaged in providing amusement, pleasure, thrills, or
 1776  excitement and does not offer day rates.
 1777         13. An amusement ride at a private, membership-only
 1778  facility if the amusement ride is an incidental amenity and the
 1779  facility is not open to the general public; is not primarily
 1780  engaged in providing amusement, pleasure, thrills, or
 1781  excitement; and does not offer day rates.
 1782         14. A nonprofit permanent facility registered under chapter
 1783  496 which is not open to the general public.
 1784         (15) INSPECTION BY OWNER OR MANAGER.—Before Prior to
 1785  opening on each day of operation and before prior to any
 1786  inspection by the department, the owner or manager of an
 1787  amusement ride must inspect and test the amusement ride to
 1788  ensure compliance with all requirements of this section. Each
 1789  inspection must be recorded on a form prescribed by rule of the
 1790  department and signed by the person who conducted the
 1791  inspection. In lieu of the form prescribed by rule of the
 1792  department, the owner or manager may request approval of an
 1793  alternative form if the alternative form includes, at a minimum,
 1794  the information required on the form prescribed by rule of the
 1795  department. Inspection records of the last 14 daily inspections
 1796  must be kept on site by the owner or manager and made
 1797  immediately available to the department upon request.
 1798         (16) TRAINING OF EMPLOYEES.—The owner or manager of an any
 1799  amusement ride shall maintain a record of employee training for
 1800  each employee authorized to operate, assemble, disassemble,
 1801  transport, or conduct maintenance on an amusement ride, on a
 1802  form prescribed by rule of the department. In lieu of the form
 1803  prescribed by rule of the department, the owner or manager may
 1804  request approval of an alternative form if the alternative form
 1805  includes, at a minimum, the information required on the form
 1806  prescribed by rule of the department. The training record must
 1807  be kept on site by the owner or manager and made immediately
 1808  available to the department upon request. Training may not be
 1809  conducted when an amusement ride is open to the public unless
 1810  the training is conducted under the supervision of an employee
 1811  who is trained in the operation of that ride. The owner or
 1812  manager shall certify that each employee is trained, as required
 1813  by this section and any rules adopted thereunder, on the
 1814  amusement ride for which the employee is responsible.
 1815         Section 38. Subsections (1), (2), (5), (7), and (13) of
 1816  section 713.585, Florida Statutes, are amended to read:
 1817         713.585 Enforcement of lien by sale of motor vehicle.—A
 1818  person claiming a lien under s. 713.58 for performing labor or
 1819  services on a motor vehicle may enforce such lien by sale of the
 1820  vehicle in accordance with the following procedures:
 1821         (1) The lienor must give notice, by certified mail, return
 1822  receipt requested, within 7 15 business days, excluding Saturday
 1823  and Sunday, from the beginning date of the assessment of storage
 1824  charges on said motor vehicle, to the registered owner of the
 1825  vehicle, to the customer as indicated on the order for repair,
 1826  and to all other persons claiming an interest in or lien
 1827  thereon, as disclosed by the records of the Department of
 1828  Highway Safety and Motor Vehicles or as disclosed by the records
 1829  of any corresponding agency of any other state in which the
 1830  vehicle is identified through a records check of the National
 1831  Motor Vehicle Title Information System or an equivalent
 1832  commercially available system as being the current state where
 1833  the vehicle is titled. Such notice must contain:
 1834         (a) A description of the vehicle, including, at minimum,
 1835  its (year, make, vehicle identification number,) and the
 1836  vehicle’s its location.
 1837         (b) The name and address of the owner of the vehicle, the
 1838  customer as indicated on the order for repair, and any person
 1839  claiming an interest in or lien thereon.
 1840         (c) The name, address, and telephone number of the lienor.
 1841         (d) Notice that the lienor claims a lien on the vehicle for
 1842  labor and services performed and storage charges, if any, and
 1843  the cash sum which, if paid to the lienor, would be sufficient
 1844  to redeem the vehicle from the lien claimed by the lienor.
 1845         (e) Notice that the lien claimed by the lienor is subject
 1846  to enforcement pursuant to this section and that the vehicle may
 1847  be sold to satisfy the lien.
 1848         (f) If known, the date, time, and location of any proposed
 1849  or scheduled sale of the vehicle. A No vehicle may not be sold
 1850  earlier than 60 days after completion of the repair work.
 1851         (g) Notice that the owner of the vehicle or any person
 1852  claiming an interest in or lien thereon has a right to a hearing
 1853  at any time before prior to the scheduled date of sale by filing
 1854  a demand for hearing with the clerk of the circuit court in the
 1855  county in which the vehicle is held and mailing copies of the
 1856  demand for hearing to all other owners and lienors as reflected
 1857  on the notice.
 1858         (h) Notice that the owner of the vehicle has a right to
 1859  recover possession of the vehicle without instituting judicial
 1860  proceedings by posting bond in accordance with the provisions of
 1861  s. 559.917.
 1862         (i) Notice that any proceeds from the sale of the vehicle
 1863  remaining after payment of the amount claimed to be due and
 1864  owing to the lienor will be deposited with the clerk of the
 1865  circuit court for disposition upon court order pursuant to
 1866  subsection (8).
 1867         (j)Notice that a lienholder, if any, has the right, as
 1868  specified in subsection (5), to demand a hearing or to post a
 1869  bond.
 1870         (2) If attempts to locate the owner or lienholder are
 1871  unsuccessful after a check of the records of the Department of
 1872  Highway Safety and Motor Vehicles and any state disclosed by the
 1873  check of the National Motor Vehicle Title Information System or
 1874  an equivalent commercially available system, the lienor must
 1875  notify the local law enforcement agency in writing by certified
 1876  mail or acknowledged hand delivery that the lienor has been
 1877  unable to locate the owner or lienholder, that a physical search
 1878  of the vehicle has disclosed no ownership information, and that
 1879  a good faith effort, including records checks of the Department
 1880  of Highway Safety and Motor Vehicles database and the National
 1881  Motor Vehicle Title Information System or an equivalent
 1882  commercially available system, has been made. A description of
 1883  the motor vehicle which includes the year, make, and
 1884  identification number must be given on the notice. This
 1885  notification must take place within 7 15 business days,
 1886  excluding Saturday and Sunday, from the beginning date of the
 1887  assessment of storage charges on said motor vehicle. For
 1888  purposes of this paragraph, the term “good faith effort” means
 1889  that the following checks have been performed by the company to
 1890  establish the prior state of registration and title:
 1891         (a) A check of the Department of Highway Safety and Motor
 1892  Vehicles database for the owner and any lienholder;
 1893         (b) A check of the federally mandated electronic National
 1894  Motor Vehicle Title Information System or an equivalent
 1895  commercially available system to determine the state of
 1896  registration when there is not a current title or registration
 1897  record for the vehicle on file with the Department of Highway
 1898  Safety and Motor Vehicles;
 1899         (c) A check of vehicle for any type of tag, tag record,
 1900  temporary tag, or regular tag;
 1901         (d) A check of vehicle for inspection sticker or other
 1902  stickers and decals that could indicate the state of possible
 1903  registration; and
 1904         (e) A check of the interior of the vehicle for any papers
 1905  that could be in the glove box, trunk, or other areas for the
 1906  state of registration.
 1907         (5) At any time before prior to the proposed or scheduled
 1908  date of sale of a vehicle, the owner of the vehicle, or any
 1909  person claiming an interest in the vehicle or a lien thereon,
 1910  may post a bond following the procedures outlined in s. 559.917
 1911  or file a demand for hearing with the clerk of the circuit court
 1912  in the county in which the vehicle is held to determine whether
 1913  the vehicle has been wrongfully taken or withheld from her or
 1914  him. Any person who files a demand for hearing shall mail copies
 1915  of the demand to all other owners and lienors as reflected on
 1916  the notice required in subsection (1).
 1917         (a) Upon the filing of a demand for hearing, a hearing
 1918  shall be held before prior to the proposed or scheduled date of
 1919  sale of the vehicle.
 1920         (b)Upon the posting of the bond and payment of the
 1921  applicable fee set forth in s. 28.24, the clerk of the court
 1922  shall issue a certificate notifying the lienor of the posting of
 1923  the bond and directing the lienor to release the vehicle to the
 1924  lienholder or the owner, based upon whomever posted the bond.
 1925         (c)If a lienholder obtains the vehicle and the owner of
 1926  the vehicle is not in default under the installment sales
 1927  contract or title loan at the time the lienholder has possession
 1928  of the vehicle, the lienholder must return the vehicle to the
 1929  owner within 5 days after the owner repays the lienholder for
 1930  the amount of the bond, or makes arrangements to repay the
 1931  lienholder for the bond under terms agreeable to the lienholder.
 1932  A lienholder may retain possession of the vehicle if the owner
 1933  is in default until such time as the default is cured and the
 1934  amount of the bond is repaid by the owner, or an arrangement
 1935  agreeable to the lienholder is made with the owner.
 1936         (7) At a the hearing on a complaint relating to the
 1937  requirements of this section on the complaint, the court shall
 1938  forthwith issue an its order determining:
 1939         (a) Whether the vehicle is subject to a valid lien by the
 1940  lienor and the amount thereof;
 1941         (b) The priority of the lien of the lienor as against any
 1942  existing security interest in the vehicle;
 1943         (c) The distribution of any proceeds of the sale by the
 1944  clerk of the circuit court;
 1945         (d)The awarding of damages, if any;
 1946         (e)(d) The award of reasonable attorney attorney’s fees and
 1947  costs, at the court’s discretion, to the prevailing party; and
 1948         (f)(e) The reasonableness of storage charges.
 1949  
 1950  A final order, by the court, must also provide for immediate
 1951  payment of any proceeds or awards, and the immediate release of
 1952  the bond to the posting party, if applicable.
 1953         (13) A failure to make good faith efforts as defined in
 1954  subsection (2) precludes the imposition of any storage charges
 1955  against the vehicle. If a lienor fails to provide notice to any
 1956  person claiming a lien on a vehicle under subsection (1) within
 1957  7 15 business days after the assessment of storage charges has
 1958  begun, then the lienor is precluded from charging for more than
 1959  7 15 days of storage, but failure to provide timely notice does
 1960  not affect charges made for repairs, adjustments, or
 1961  modifications to the vehicle or the priority of liens on the
 1962  vehicle.
 1963         Section 39. Subsections (2), (4), (5), and (10) of section
 1964  790.06, Florida Statutes, are amended, and paragraph (f) is
 1965  added to subsection (6) of that section, to read:
 1966         790.06 License to carry concealed weapon or firearm.—
 1967         (2) The Department of Agriculture and Consumer Services
 1968  shall issue a license if the applicant:
 1969         (a) Is a resident of the United States and a citizen of the
 1970  United States or a permanent resident alien of the United
 1971  States, as determined by the United States Bureau of Citizenship
 1972  and Immigration Services, or is a consular security official of
 1973  a foreign government that maintains diplomatic relations and
 1974  treaties of commerce, friendship, and navigation with the United
 1975  States and is certified as such by the foreign government and by
 1976  the appropriate embassy in this country;
 1977         (b) Is 21 years of age or older;
 1978         (c) Does not suffer from a physical infirmity which
 1979  prevents the safe handling of a weapon or firearm;
 1980         (d) Is not ineligible to possess a firearm pursuant to s.
 1981  790.23 by virtue of having been convicted of a felony;
 1982         (e) Has not been committed for the abuse of a controlled
 1983  substance or been found guilty of a crime under the provisions
 1984  of chapter 893 or similar laws of any other state relating to
 1985  controlled substances within a 3-year period immediately
 1986  preceding the date on which the application is submitted;
 1987         (f) Does not chronically and habitually use alcoholic
 1988  beverages or other substances to the extent that his or her
 1989  normal faculties are impaired. It shall be presumed that an
 1990  applicant chronically and habitually uses alcoholic beverages or
 1991  other substances to the extent that his or her normal faculties
 1992  are impaired if the applicant has been committed under chapter
 1993  397 or under the provisions of former chapter 396 or has been
 1994  convicted under s. 790.151 or has been deemed a habitual
 1995  offender under s. 856.011(3), or has had two or more convictions
 1996  under s. 316.193 or similar laws of any other state, within the
 1997  3-year period immediately preceding the date on which the
 1998  application is submitted;
 1999         (g) Desires a legal means to carry a concealed weapon or
 2000  firearm for lawful self-defense;
 2001         (h) Demonstrates competence with a firearm by any one of
 2002  the following:
 2003         1. Completion of any hunter education or hunter safety
 2004  course approved by the Fish and Wildlife Conservation Commission
 2005  or a similar agency of another state;
 2006         2. Completion of any National Rifle Association firearms
 2007  safety or training course;
 2008         3. Completion of any firearms safety or training course or
 2009  class available to the general public offered by a law
 2010  enforcement agency, junior college, college, or private or
 2011  public institution or organization or firearms training school,
 2012  using utilizing instructors certified by the National Rifle
 2013  Association, Criminal Justice Standards and Training Commission,
 2014  or the Department of Agriculture and Consumer Services;
 2015         4. Completion of any law enforcement firearms safety or
 2016  training course or class offered for security guards,
 2017  investigators, special deputies, or any division or subdivision
 2018  of a law enforcement agency or security enforcement;
 2019         5. Presents evidence of equivalent experience with a
 2020  firearm through participation in organized shooting competition
 2021  or military service;
 2022         6. Is licensed or has been licensed to carry a firearm in
 2023  this state or a county or municipality of this state, unless
 2024  such license has been revoked for cause; or
 2025         7. Completion of any firearms training or safety course or
 2026  class conducted by a state-certified or National Rifle
 2027  Association certified firearms instructor;
 2028  
 2029  A photocopy of a certificate of completion of any of the courses
 2030  or classes; or an affidavit from the instructor, school, club,
 2031  organization, or group that conducted or taught such said course
 2032  or class attesting to the completion of the course or class by
 2033  the applicant; or a copy of any document that which shows
 2034  completion of the course or class or evidences participation in
 2035  firearms competition shall constitute evidence of qualification
 2036  under this paragraph. A; any person who conducts a course
 2037  pursuant to subparagraph 2., subparagraph 3., or subparagraph
 2038  7., or who, as an instructor, attests to the completion of such
 2039  courses, must maintain records certifying that he or she
 2040  observed the student safely handle and discharge the firearm in
 2041  his or her physical presence and that the discharge of the
 2042  firearm included live fire using a firearm and ammunition as
 2043  defined in s. 790.001;
 2044         (i) Has not been adjudicated an incapacitated person under
 2045  s. 744.331, or similar laws of any other state, unless 5 years
 2046  have elapsed since the applicant’s restoration to capacity by
 2047  court order;
 2048         (j) Has not been committed to a mental institution under
 2049  chapter 394, or similar laws of any other state, unless the
 2050  applicant produces a certificate from a licensed psychiatrist
 2051  that he or she has not suffered from disability for at least 5
 2052  years before prior to the date of submission of the application;
 2053         (k) Has not had adjudication of guilt withheld or
 2054  imposition of sentence suspended on any felony or misdemeanor
 2055  crime of domestic violence unless 3 years have elapsed since
 2056  probation or any other conditions set by the court have been
 2057  fulfilled, or expunction has occurred the record has been sealed
 2058  or expunged;
 2059         (l)Has not had adjudication of guilt withheld or
 2060  imposition of sentence suspended on any misdemeanor crime of
 2061  domestic violence unless 3 years have elapsed since probation or
 2062  any other conditions set by the court have been fulfilled, or
 2063  the record has been sealed or expunged;
 2064         (m)(l) Has not been issued an injunction that is currently
 2065  in force and effect and that restrains the applicant from
 2066  committing acts of domestic violence or acts of repeat violence;
 2067  and
 2068         (n)(m) Is not prohibited from purchasing or possessing a
 2069  firearm by any other provision of Florida or federal law.
 2070         (4) The application shall be completed, under oath, on a
 2071  form adopted promulgated by the Department of Agriculture and
 2072  Consumer Services and shall include:
 2073         (a) The name, address, place of birth, and date of birth,
 2074  and race, and occupation of the applicant;
 2075         (b) A statement that the applicant is in compliance with
 2076  criteria contained within subsections (2) and (3);
 2077         (c) A statement that the applicant has been furnished a
 2078  copy of this chapter and is knowledgeable of its provisions;
 2079         (d) A conspicuous warning that the application is executed
 2080  under oath and that a false answer to any question, or the
 2081  submission of any false document by the applicant, subjects the
 2082  applicant to criminal prosecution under s. 837.06; and
 2083         (e) A statement that the applicant desires a concealed
 2084  weapon or firearms license as a means of lawful self-defense;
 2085  and.
 2086         (f) Directions for an applicant who is a servicemember, as
 2087  defined in s. 250.01, or a veteran, as defined in s. 1.01, to
 2088  request expedited processing of his or her application.
 2089         (5) The applicant shall submit to the Department of
 2090  Agriculture and Consumer Services or an approved tax collector
 2091  pursuant to s. 790.0625:
 2092         (a) A completed application as described in subsection (4).
 2093         (b) A nonrefundable license fee of up to $60 $70 if he or
 2094  she has not previously been issued a statewide license or of up
 2095  to $50 $60 for renewal of a statewide license. The cost of
 2096  processing fingerprints as required in paragraph (c) shall be
 2097  borne by the applicant. However, an individual holding an active
 2098  certification from the Criminal Justice Standards and Training
 2099  Commission as a law enforcement officer, correctional officer,
 2100  or correctional probation officer as defined in s. 943.10(1),
 2101  (2), (3), (6), (7), (8), or (9) is exempt from the licensing
 2102  requirements of this section. If such individual wishes to
 2103  receive a concealed weapon weapons or firearm firearms license,
 2104  he or she is exempt from the background investigation and all
 2105  background investigation fees, but must pay the current license
 2106  fees regularly required to be paid by nonexempt applicants.
 2107  Further, a law enforcement officer, a correctional officer, or a
 2108  correctional probation officer as defined in s. 943.10(1), (2),
 2109  or (3) is exempt from the required fees and background
 2110  investigation for a period of 1 year after his or her
 2111  retirement.
 2112         (c) A full set of fingerprints of the applicant
 2113  administered by a law enforcement agency or the Division of
 2114  Licensing of the Department of Agriculture and Consumer Services
 2115  or an approved tax collector pursuant to s. 790.0625 together
 2116  with any personal identifying information required by federal
 2117  law to process fingerprints.
 2118         (d) A photocopy of a certificate, affidavit, or document as
 2119  described in paragraph (2)(h).
 2120         (e) A full frontal view color photograph of the applicant
 2121  taken within the preceding 30 days, in which the head, including
 2122  hair, measures 7/8 of an inch wide and 1 1/8 inches high.
 2123         (f) For expedited processing of an application:
 2124         1. A servicemember shall submit a copy of the Common Access
 2125  Card, United States Uniformed Services Identification Card, or
 2126  current deployment orders.
 2127         2. A veteran shall submit a copy of the DD Form 214, issued
 2128  by the United States Department of Defense, or another
 2129  acceptable form of identification as specified by the Department
 2130  of Veterans’ Affairs.
 2131         (6)
 2132         (f) The Department of Agriculture and Consumer Services
 2133  shall, upon receipt of a completed application and the
 2134  identifying information required under paragraph (5)(f),
 2135  expedite the processing of a servicemember’s or a veteran’s
 2136  concealed weapon or firearm license application.
 2137         (10) A license issued under this section shall be suspended
 2138  or revoked pursuant to chapter 120 if the licensee:
 2139         (a) Is found to be ineligible under the criteria set forth
 2140  in subsection (2);
 2141         (b) Develops or sustains a physical infirmity which
 2142  prevents the safe handling of a weapon or firearm;
 2143         (c) Is convicted of a felony which would make the licensee
 2144  ineligible to possess a firearm pursuant to s. 790.23;
 2145         (d) Is found guilty of a crime under the provisions of
 2146  chapter 893, or similar laws of any other state, relating to
 2147  controlled substances;
 2148         (e) Is committed as a substance abuser under chapter 397,
 2149  or is deemed a habitual offender under s. 856.011(3), or similar
 2150  laws of any other state;
 2151         (f) Is convicted of a second violation of s. 316.193, or a
 2152  similar law of another state, within 3 years after of a first
 2153  previous conviction of such section, or similar law of another
 2154  state, even though the first violation may have occurred before
 2155  prior to the date on which the application was submitted;
 2156         (g) Is adjudicated an incapacitated person under s.
 2157  744.331, or similar laws of any other state; or
 2158         (h) Is committed to a mental institution under chapter 394,
 2159  or similar laws of any other state.
 2160  
 2161  Notwithstanding s. 120.60(5), service of a notice of the
 2162  suspension or revocation of a concealed weapon or firearm
 2163  license must be given by either certified mail, return receipt
 2164  requested, to the licensee at his or her last known mailing
 2165  address furnished to the Department of Agriculture and Consumer
 2166  Services, or by personal service. If a notice given by certified
 2167  mail is returned as undeliverable, a second attempt must be made
 2168  to provide notice to the licensee at that address, by either
 2169  first-class mail in an envelope, postage prepaid, addressed to
 2170  the licensee at his or her last known mailing address furnished
 2171  to the department, or, if the licensee has provided an e-mail
 2172  address to the department, by e-mail. Such mailing by the
 2173  department constitutes notice, and any failure by the licensee
 2174  to receive such notice does not stay the effective date or term
 2175  of the suspension or revocation. A request for hearing must be
 2176  filed with the department within 21 days after notice is
 2177  received by personal delivery, or within 26 days after the date
 2178  the department deposits the notice in the United States mail (21
 2179  days plus 5 days for mailing). The department shall document its
 2180  attempts to provide notice and such documentation is admissible
 2181  in the courts of this state and constitutes sufficient proof
 2182  that notice was given.
 2183         Section 40. Effective upon this act becoming a law,
 2184  paragraph (a) of subsection (11) of section 790.06, Florida
 2185  Statutes, is amended to read:
 2186         790.06 License to carry concealed weapon or firearm.—
 2187         (11)(a) At least No less than 90 days before the expiration
 2188  date of the license, the Department of Agriculture and Consumer
 2189  Services shall mail to each licensee a written notice of the
 2190  expiration and a renewal form prescribed by the Department of
 2191  Agriculture and Consumer Services. The licensee must renew his
 2192  or her license on or before the expiration date by filing with
 2193  the Department of Agriculture and Consumer Services the renewal
 2194  form containing an a notarized affidavit submitted under oath
 2195  and under penalty of perjury stating that the licensee remains
 2196  qualified pursuant to the criteria specified in subsections (2)
 2197  and (3), a color photograph as specified in paragraph (5)(e),
 2198  and the required renewal fee. Out-of-state residents must also
 2199  submit a complete set of fingerprints and fingerprint processing
 2200  fee. The license shall be renewed upon receipt of the completed
 2201  renewal form, color photograph, appropriate payment of fees,
 2202  and, if applicable, fingerprints. Additionally, a licensee who
 2203  fails to file a renewal application on or before its expiration
 2204  date must renew his or her license by paying a late fee of $15.
 2205  A license may not be renewed 180 days or more after its
 2206  expiration date, and such a license is deemed to be permanently
 2207  expired. A person whose license has been permanently expired may
 2208  reapply for licensure; however, an application for licensure and
 2209  fees under subsection (5) must be submitted, and a background
 2210  investigation shall be conducted pursuant to this section. A
 2211  person who knowingly files false information under this
 2212  subsection is subject to criminal prosecution under s. 837.06.
 2213         Section 41. Subsection (8) is added to section 790.0625,
 2214  Florida Statutes, to read:
 2215         790.0625 Appointment of tax collectors to accept
 2216  applications for a concealed weapon or firearm license; fees;
 2217  penalties.—
 2218         (8) Upon receipt of a completed renewal application, a new
 2219  color photograph, and appropriate payment of fees, a tax
 2220  collector authorized to accept renewal applications for
 2221  concealed weapon or firearm licenses under this section may,
 2222  upon approval and confirmation of license issuance by the
 2223  department, print and deliver a concealed weapon or firearm
 2224  license to a licensee renewing his or her license at the tax
 2225  collector’s office.
 2226         Section 42. Subsections (1) through (4) of section 559.917,
 2227  Florida Statutes, are amended to read:
 2228         559.917 Bond to release possessory lien claimed by motor
 2229  vehicle repair shop.—
 2230         (1)As used in this section, the term:
 2231         (a)“Lienholder” means a person claiming an interest in or
 2232  a lien on a vehicle pursuant to s. 713.585(5).
 2233         (b)“Lienor” means a person claiming a lien for motor
 2234  vehicle repair shop work under part II of chapter 713.
 2235         (2)(1)(a) A lienholder or Any customer may obtain the
 2236  release of a her or his motor vehicle for which the lienholder
 2237  or customer has a lien or ownership rights, respectively, from
 2238  any lien claimed under part II of chapter 713 by a motor vehicle
 2239  repair shop for repair work performed under a written repair
 2240  estimate by filing with the clerk of the court in the circuit in
 2241  which the disputed transaction occurred a cash or surety bond,
 2242  payable to the person claiming the lien and conditioned for the
 2243  payment of any judgment which may be entered on the lien. The
 2244  bond shall be in the amount stated on the invoice required by s.
 2245  559.911, plus accrued storage charges, if any, less any amount
 2246  paid to the motor vehicle repair shop as indicated on the
 2247  invoice. The lienholder or customer shall not be required to
 2248  institute judicial proceedings in order to post the bond in the
 2249  registry of the court, nor shall the lienholder or customer be
 2250  required to use a particular form for posting the bond, unless
 2251  the clerk provides shall provide such form to the lienholder or
 2252  customer for filing. Upon the posting of such bond, the clerk of
 2253  the court shall automatically issue a certificate notifying the
 2254  lienor of the posting of the bond and directing the lienor to
 2255  release the lienholder’s or customer’s motor vehicle.
 2256         (b) The lienor shall have 60 days to file suit to recover
 2257  the bond. The prevailing party in that action may be entitled to
 2258  damages plus court costs and reasonable attorney attorney’s
 2259  fees. If the lienor fails to file suit within 60 days after the
 2260  posting of such bond, the bond shall be discharged.
 2261         (3)(2) The failure of a lienor to release or return to the
 2262  lienholder or customer the motor vehicle upon which any lien is
 2263  claimed, upon receiving a copy of a certificate giving notice of
 2264  the posting of the bond and directing release of the motor
 2265  vehicle, shall subject the lienor to judicial proceedings which
 2266  may be brought by the lienholder or customer to compel
 2267  compliance with the certificate. If Whenever a lienholder
 2268  pursuant to s. 713.585 or customer brings an action to compel
 2269  compliance with the certificate, the lienholder or customer need
 2270  only establish that:
 2271         (a) Bond in the amount of the invoice, plus accrued storage
 2272  charges, if any, less any amount paid to the motor vehicle
 2273  repair shop as indicated on the invoice, was posted;
 2274         (b) A certificate was issued pursuant to this section;
 2275         (c) The motor vehicle repair shop, or any employee or agent
 2276  thereof who is authorized to release the motor vehicle, received
 2277  a copy of a certificate issued pursuant to this section; and
 2278         (d) The motor vehicle repair shop or employee authorized to
 2279  release the motor vehicle failed to release the motor vehicle.
 2280  
 2281  The lienholder or customer, upon a judgment in her or his favor
 2282  in an action brought under this subsection, may be entitled to
 2283  damages plus court costs and reasonable attorney attorney’s fees
 2284  sustained by her or him by reason of such wrongful detention or
 2285  retention. Upon a judgment in favor of the motor vehicle repair
 2286  shop, the shop may be entitled to reasonable attorney attorney’s
 2287  fees.
 2288         (4)(3) Any motor vehicle repair shop that which, or any
 2289  employee or agent thereof who is authorized to release the motor
 2290  vehicle who, upon receiving a copy of a certificate giving
 2291  notice of the posting of the bond in the required amount and
 2292  directing release of the motor vehicle, fails to release or
 2293  return the property to the lienholder or customer pursuant to
 2294  this section commits is guilty of a misdemeanor of the second
 2295  degree, punishable as provided in s. 775.082 or s. 775.083.
 2296         (5)(4) Any lienholder or customer who stops payment on a
 2297  credit card charge or a check drawn in favor of a motor vehicle
 2298  repair shop on account of an invoice, or who fails to post a
 2299  cash or surety bond pursuant to this section, shall be
 2300  prohibited from any recourse under this section with respect to
 2301  the motor vehicle repair shop.
 2302         Section 43. Subsection (1) and paragraph (d) of subsection
 2303  (3) of section 559.9285, Florida Statutes, are amended to read:
 2304         559.9285 Certification of business activities.—
 2305         (1) Each certifying party, as defined in s. 559.927(2):
 2306         (a) Which does not offer for sale, at wholesale or retail,
 2307  prearranged travel or, tourist-related services, or tour-guide
 2308  services for individuals or groups directly to any terrorist
 2309  state and which originate in Florida;
 2310         (b) Which offers for sale, at wholesale or retail, only
 2311  prearranged travel or, tourist-related services, or tour-guide
 2312  services for individuals or groups directly to any terrorist
 2313  state and which originate in Florida, but engages in no other
 2314  business dealings or commerce with any terrorist state; or
 2315         (c) Which offers for sale, at wholesale or retail,
 2316  prearranged travel or, tourist-related services, or tour-guide
 2317  services for individuals or groups directly to any terrorist
 2318  state and which originate in Florida, and also engages in any
 2319  other business dealings or commerce with any terrorist state,
 2320  
 2321  shall annually certify its business activities by filing a
 2322  disclosure statement with the department which accurately
 2323  represents the scope of the seller’s business activities
 2324  according to the criteria provided in paragraph (a), paragraph
 2325  (b), or paragraph (c).
 2326         (3) The department shall specify by rule the form of each
 2327  certification under this section which shall include the
 2328  following information:
 2329         (d) The type of all prearranged travel or, tourist-related
 2330  services, or tour-guide services that the certifying party
 2331  offers for sale to individuals or groups traveling directly to
 2332  any terrorist state and that originate in Florida, and the
 2333  frequency with which such services are offered.
 2334         Section 44. Subsection (2) of section 559.937, Florida
 2335  Statutes, is amended to read:
 2336         559.937 Criminal penalties.—Any person or business that
 2337  violates this part:
 2338         (2) Which violation directly or indirectly pertains to an
 2339  offer to sell, at wholesale or retail, prearranged travel or,
 2340  tourist-related services, or tour-guide services for individuals
 2341  or groups directly to any terrorist state and which originate in
 2342  Florida, commits a felony of the third degree, punishable as
 2343  provided in s. 775.082 or s. 775.083.
 2344         Section 45. For the 2016-2017 fiscal year, the sum of
 2345  $1,305,097 in nonrecurring funds from the Division of Licensing
 2346  Trust Fund is appropriated to the Department of Agriculture and
 2347  Consumer Services for the purpose of implementing s. 493.6108,
 2348  Florida Statutes, regarding the collection and subsequent
 2349  payment of fingerprint retention and processing fees to the
 2350  Florida Department of Law Enforcement.
 2351         Section 46. Except as otherwise expressly provided in this
 2352  act, this act shall take effect July 1, 2016.
 2353