Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 772
       
       
       
       
       
       
                                Ì735614&Î735614                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/11/2016           .                                
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       The Committee on Commerce and Tourism (Richter) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1719 - 1979
    4  and insert:
    5         Section 37. Subsections (1), (2), (5), (7), and (13) of
    6  section 713.585, Florida Statutes, are amended to read:
    7         713.585 Enforcement of lien by sale of motor vehicle.—A
    8  person claiming a lien under s. 713.58 for performing labor or
    9  services on a motor vehicle may enforce such lien by sale of the
   10  vehicle in accordance with the following procedures:
   11         (1) The lienor must give notice, by certified mail, return
   12  receipt requested, within 7 15 business days, excluding Saturday
   13  and Sunday, from the beginning date of the assessment of storage
   14  charges on said motor vehicle, to the registered owner of the
   15  vehicle, to the customer as indicated on the order for repair,
   16  and to all other persons claiming an interest in or lien
   17  thereon, as disclosed by the records of the Department of
   18  Highway Safety and Motor Vehicles or as disclosed by the records
   19  of any corresponding agency of any other state in which the
   20  vehicle is identified through a records check of the National
   21  Motor Vehicle Title Information System or an equivalent
   22  commercially available system as being the current state where
   23  the vehicle is titled. Such notice must contain:
   24         (a) A description of the vehicle, including, at minimum,
   25  its (year, make, vehicle identification number,) and the
   26  vehicle’s its location.
   27         (b) The name and address of the owner of the vehicle, the
   28  customer as indicated on the order for repair, and any person
   29  claiming an interest in or lien thereon.
   30         (c) The name, address, and telephone number of the lienor.
   31         (d) Notice that the lienor claims a lien on the vehicle for
   32  labor and services performed and storage charges, if any, and
   33  the cash sum which, if paid to the lienor, would be sufficient
   34  to redeem the vehicle from the lien claimed by the lienor.
   35         (e) Notice that the lien claimed by the lienor is subject
   36  to enforcement pursuant to this section and that the vehicle may
   37  be sold to satisfy the lien.
   38         (f) If known, the date, time, and location of any proposed
   39  or scheduled sale of the vehicle. A No vehicle may not be sold
   40  earlier than 60 days after completion of the repair work.
   41         (g) Notice that the owner of the vehicle or any person
   42  claiming an interest in or lien thereon has a right to a hearing
   43  at any time before prior to the scheduled date of sale by filing
   44  a demand for hearing with the clerk of the circuit court in the
   45  county in which the vehicle is held and mailing copies of the
   46  demand for hearing to all other owners and lienors as reflected
   47  on the notice.
   48         (h) Notice that the owner of the vehicle has a right to
   49  recover possession of the vehicle without instituting judicial
   50  proceedings by posting bond in accordance with the provisions of
   51  s. 559.917.
   52         (i) Notice that any proceeds from the sale of the vehicle
   53  remaining after payment of the amount claimed to be due and
   54  owing to the lienor will be deposited with the clerk of the
   55  circuit court for disposition upon court order pursuant to
   56  subsection (8).
   57         (j)Notice that a lienholder, if any, has the right, as
   58  specified in subsection (5), to demand a hearing or to post a
   59  bond.
   60         (2) If attempts to locate the owner or lienholder are
   61  unsuccessful after a check of the records of the Department of
   62  Highway Safety and Motor Vehicles and any state disclosed by the
   63  check of the National Motor Vehicle Title Information System or
   64  an equivalent commercially available system, the lienor must
   65  notify the local law enforcement agency in writing by certified
   66  mail or acknowledged hand delivery that the lienor has been
   67  unable to locate the owner or lienholder, that a physical search
   68  of the vehicle has disclosed no ownership information, and that
   69  a good faith effort, including records checks of the Department
   70  of Highway Safety and Motor Vehicles database and the National
   71  Motor Vehicle Title Information System or an equivalent
   72  commercially available system, has been made. A description of
   73  the motor vehicle which includes the year, make, and
   74  identification number must be given on the notice. This
   75  notification must take place within 7 15 business days,
   76  excluding Saturday and Sunday, from the beginning date of the
   77  assessment of storage charges on said motor vehicle. For
   78  purposes of this paragraph, the term “good faith effort” means
   79  that the following checks have been performed by the company to
   80  establish the prior state of registration and title:
   81         (a) A check of the Department of Highway Safety and Motor
   82  Vehicles database for the owner and any lienholder;
   83         (b) A check of the federally mandated electronic National
   84  Motor Vehicle Title Information System or an equivalent
   85  commercially available system to determine the state of
   86  registration when there is not a current title or registration
   87  record for the vehicle on file with the Department of Highway
   88  Safety and Motor Vehicles;
   89         (c) A check of vehicle for any type of tag, tag record,
   90  temporary tag, or regular tag;
   91         (d) A check of vehicle for inspection sticker or other
   92  stickers and decals that could indicate the state of possible
   93  registration; and
   94         (e) A check of the interior of the vehicle for any papers
   95  that could be in the glove box, trunk, or other areas for the
   96  state of registration.
   97         (5) At any time before prior to the proposed or scheduled
   98  date of sale of a vehicle, the owner of the vehicle, or any
   99  person claiming an interest in the vehicle or a lien thereon,
  100  may post a bond following the procedures outlined in s. 559.917
  101  or file a demand for hearing with the clerk of the circuit court
  102  in the county in which the vehicle is held to determine whether
  103  the vehicle has been wrongfully taken or withheld from her or
  104  him. Any person who files a demand for hearing shall mail copies
  105  of the demand to all other owners and lienors as reflected on
  106  the notice required in subsection (1).
  107         (a) Upon the filing of a demand for hearing, a hearing
  108  shall be held before prior to the proposed or scheduled date of
  109  sale of the vehicle.
  110         (b)Upon the posting of the bond and payment of the
  111  applicable fee set forth in s. 28.24, the clerk of the court
  112  shall issue a certificate notifying the lienor of the posting of
  113  the bond and directing the lienor to release the vehicle to the
  114  lienholder or the owner, based upon whomever posted the bond.
  115         (c)If a lienholder obtains the vehicle and the owner of
  116  the vehicle is not in default under the installment sales
  117  contract or title loan at the time the lienholder has possession
  118  of the vehicle, the lienholder must return the vehicle to the
  119  owner within 5 days after the owner repays the lienholder for
  120  the amount of the bond, or makes arrangements to repay the
  121  lienholder for the bond under terms agreeable to the lienholder.
  122  A lienholder may retain possession of the vehicle if the owner
  123  is in default until such time as the default is cured and the
  124  amount of the bond is repaid by the owner, or an arrangement
  125  agreeable to the lienholder is made with the owner.
  126         (7) At a the hearing on a complaint relating to the
  127  requirements of this section on the complaint, the court shall
  128  forthwith issue an its order determining:
  129         (a) Whether the vehicle is subject to a valid lien by the
  130  lienor and the amount thereof;
  131         (b) The priority of the lien of the lienor as against any
  132  existing security interest in the vehicle;
  133         (c) The distribution of any proceeds of the sale by the
  134  clerk of the circuit court;
  135         (d)The awarding of damages, if any;
  136         (e)(d) The award of reasonable attorney attorney’s fees and
  137  costs, at the court’s discretion, to the prevailing party; and
  138         (f)(e) The reasonableness of storage charges.
  139  
  140  A final order, by the court, must also provide for immediate
  141  payment of any proceeds or awards, and the immediate release of
  142  the bond to the posting party, if applicable.
  143         (13) A failure to make good faith efforts as defined in
  144  subsection (2) precludes the imposition of any storage charges
  145  against the vehicle. If a lienor fails to provide notice to any
  146  person claiming a lien on a vehicle under subsection (1) within
  147  7 15 business days after the assessment of storage charges has
  148  begun, then the lienor is precluded from charging for more than
  149  7 15 days of storage, but failure to provide timely notice does
  150  not affect charges made for repairs, adjustments, or
  151  modifications to the vehicle or the priority of liens on the
  152  vehicle.
  153         Section 38. Subsections (2), (4), (5), and (10) of section
  154  790.06, Florida Statutes, are amended, and paragraph (f) is
  155  added to subsection (6) of that section, to read:
  156         790.06 License to carry concealed weapon or firearm.—
  157         (2) The Department of Agriculture and Consumer Services
  158  shall issue a license if the applicant:
  159         (a) Is a resident of the United States and a citizen of the
  160  United States or a permanent resident alien of the United
  161  States, as determined by the United States Bureau of Citizenship
  162  and Immigration Services, or is a consular security official of
  163  a foreign government that maintains diplomatic relations and
  164  treaties of commerce, friendship, and navigation with the United
  165  States and is certified as such by the foreign government and by
  166  the appropriate embassy in this country;
  167         (b) Is 21 years of age or older;
  168         (c) Does not suffer from a physical infirmity which
  169  prevents the safe handling of a weapon or firearm;
  170         (d) Is not ineligible to possess a firearm pursuant to s.
  171  790.23 by virtue of having been convicted of a felony;
  172         (e) Has not been committed for the abuse of a controlled
  173  substance or been found guilty of a crime under the provisions
  174  of chapter 893 or similar laws of any other state relating to
  175  controlled substances within a 3-year period immediately
  176  preceding the date on which the application is submitted;
  177         (f) Does not chronically and habitually use alcoholic
  178  beverages or other substances to the extent that his or her
  179  normal faculties are impaired. It shall be presumed that an
  180  applicant chronically and habitually uses alcoholic beverages or
  181  other substances to the extent that his or her normal faculties
  182  are impaired if the applicant has been committed under chapter
  183  397 or under the provisions of former chapter 396 or has been
  184  convicted under s. 790.151 or has been deemed a habitual
  185  offender under s. 856.011(3), or has had two or more convictions
  186  under s. 316.193 or similar laws of any other state, within the
  187  3-year period immediately preceding the date on which the
  188  application is submitted;
  189         (g) Desires a legal means to carry a concealed weapon or
  190  firearm for lawful self-defense;
  191         (h) Demonstrates competence with a firearm by any one of
  192  the following:
  193         1. Completion of any hunter education or hunter safety
  194  course approved by the Fish and Wildlife Conservation Commission
  195  or a similar agency of another state;
  196         2. Completion of any National Rifle Association firearms
  197  safety or training course;
  198         3. Completion of any firearms safety or training course or
  199  class available to the general public offered by a law
  200  enforcement agency, junior college, college, or private or
  201  public institution or organization or firearms training school,
  202  using utilizing instructors certified by the National Rifle
  203  Association, Criminal Justice Standards and Training Commission,
  204  or the Department of Agriculture and Consumer Services;
  205         4. Completion of any law enforcement firearms safety or
  206  training course or class offered for security guards,
  207  investigators, special deputies, or any division or subdivision
  208  of a law enforcement agency or security enforcement;
  209         5. Presents evidence of equivalent experience with a
  210  firearm through participation in organized shooting competition
  211  or military service;
  212         6. Is licensed or has been licensed to carry a firearm in
  213  this state or a county or municipality of this state, unless
  214  such license has been revoked for cause; or
  215         7. Completion of any firearms training or safety course or
  216  class conducted by a state-certified or National Rifle
  217  Association certified firearms instructor;
  218  
  219  A photocopy of a certificate of completion of any of the courses
  220  or classes; or an affidavit from the instructor, school, club,
  221  organization, or group that conducted or taught such said course
  222  or class attesting to the completion of the course or class by
  223  the applicant; or a copy of any document that which shows
  224  completion of the course or class or evidences participation in
  225  firearms competition shall constitute evidence of qualification
  226  under this paragraph. A; any person who conducts a course
  227  pursuant to subparagraph 2., subparagraph 3., or subparagraph
  228  7., or who, as an instructor, attests to the completion of such
  229  courses, must maintain records certifying that he or she
  230  observed the student safely handle and discharge the firearm in
  231  his or her physical presence and that the discharge of the
  232  firearm included live fire using a firearm and ammunition as
  233  defined in s. 790.001;
  234         (i) Has not been adjudicated an incapacitated person under
  235  s. 744.331, or similar laws of any other state, unless 5 years
  236  have elapsed since the applicant’s restoration to capacity by
  237  court order;
  238         (j) Has not been committed to a mental institution under
  239  chapter 394, or similar laws of any other state, unless the
  240  applicant produces a certificate from a licensed psychiatrist
  241  that he or she has not suffered from disability for at least 5
  242  years before prior to the date of submission of the application;
  243         (k) Has not had adjudication of guilt withheld or
  244  imposition of sentence suspended on any felony or misdemeanor
  245  crime of domestic violence unless 3 years have elapsed since
  246  probation or any other conditions set by the court have been
  247  fulfilled, or expunction has occurred the record has been sealed
  248  or expunged;
  249         (l)Has not had adjudication of guilt withheld or
  250  imposition of sentence suspended on any misdemeanor crime of
  251  domestic violence unless 3 years have elapsed since probation or
  252  any other conditions set by the court have been fulfilled, or
  253  the record has been sealed or expunged;
  254         (m)(l) Has not been issued an injunction that is currently
  255  in force and effect and that restrains the applicant from
  256  committing acts of domestic violence or acts of repeat violence;
  257  and
  258         (n)(m) Is not prohibited from purchasing or possessing a
  259  firearm by any other provision of Florida or federal law.
  260         (4) The application shall be completed, under oath, on a
  261  form adopted promulgated by the Department of Agriculture and
  262  Consumer Services and shall include:
  263         (a) The name, address, place of birth, and date of birth,
  264  and race, and occupation of the applicant;
  265         (b) A statement that the applicant is in compliance with
  266  criteria contained within subsections (2) and (3);
  267         (c) A statement that the applicant has been furnished a
  268  copy of this chapter and is knowledgeable of its provisions;
  269         (d) A conspicuous warning that the application is executed
  270  under oath and that a false answer to any question, or the
  271  submission of any false document by the applicant, subjects the
  272  applicant to criminal prosecution under s. 837.06; and
  273         (e) A statement that the applicant desires a concealed
  274  weapon or firearms license as a means of lawful self-defense;
  275  and.
  276         (f) Directions for an applicant who is a servicemember, as
  277  defined in s. 250.01, or a veteran, as defined in s. 1.01, to
  278  request expedited processing of his or her application.
  279         (5) The applicant shall submit to the Department of
  280  Agriculture and Consumer Services or an approved tax collector
  281  pursuant to s. 790.0625:
  282         (a) A completed application as described in subsection (4).
  283         (b) A nonrefundable license fee of up to $60 $70 if he or
  284  she has not previously been issued a statewide license or of up
  285  to $50 $60 for renewal of a statewide license. The cost of
  286  processing fingerprints as required in paragraph (c) shall be
  287  borne by the applicant. However, an individual holding an active
  288  certification from the Criminal Justice Standards and Training
  289  Commission as a law enforcement officer, correctional officer,
  290  or correctional probation officer as defined in s. 943.10(1),
  291  (2), (3), (6), (7), (8), or (9) is exempt from the licensing
  292  requirements of this section. If such individual wishes to
  293  receive a concealed weapon weapons or firearm firearms license,
  294  he or she is exempt from the background investigation and all
  295  background investigation fees, but must pay the current license
  296  fees regularly required to be paid by nonexempt applicants.
  297  Further, a law enforcement officer, a correctional officer, or a
  298  correctional probation officer as defined in s. 943.10(1), (2),
  299  or (3) is exempt from the required fees and background
  300  investigation for a period of 1 year after his or her
  301  retirement.
  302         (c) A full set of fingerprints of the applicant
  303  administered by a law enforcement agency or the Division of
  304  Licensing of the Department of Agriculture and Consumer Services
  305  or an approved tax collector pursuant to s. 790.0625 together
  306  with any personal identifying information required by federal
  307  law to process fingerprints.
  308         (d) A photocopy of a certificate, affidavit, or document as
  309  described in paragraph (2)(h).
  310         (e) A full frontal view color photograph of the applicant
  311  taken within the preceding 30 days, in which the head, including
  312  hair, measures 7/8 of an inch wide and 1 1/8 inches high.
  313         (f) For expedited processing of an application:
  314         1. A servicemember shall submit a copy of the Common Access
  315  Card, United States Uniformed Services Identification Card, or
  316  current deployment orders.
  317         2. A veteran shall submit a copy of the DD Form 214, issued
  318  by the United States Department of Defense, or another
  319  acceptable form of identification as specified by the Department
  320  of Veterans’ Affairs.
  321         (6)
  322         (f) The Department of Agriculture and Consumer Services
  323  shall, upon receipt of a completed application and the
  324  identifying information required under paragraph (5)(f),
  325  expedite the processing of a servicemember’s or a veteran’s
  326  concealed weapon or firearm license application.
  327         (10) A license issued under this section shall be suspended
  328  or revoked pursuant to chapter 120 if the licensee:
  329         (a) Is found to be ineligible under the criteria set forth
  330  in subsection (2);
  331         (b) Develops or sustains a physical infirmity which
  332  prevents the safe handling of a weapon or firearm;
  333         (c) Is convicted of a felony which would make the licensee
  334  ineligible to possess a firearm pursuant to s. 790.23;
  335         (d) Is found guilty of a crime under the provisions of
  336  chapter 893, or similar laws of any other state, relating to
  337  controlled substances;
  338         (e) Is committed as a substance abuser under chapter 397,
  339  or is deemed a habitual offender under s. 856.011(3), or similar
  340  laws of any other state;
  341         (f) Is convicted of a second violation of s. 316.193, or a
  342  similar law of another state, within 3 years after of a first
  343  previous conviction of such section, or similar law of another
  344  state, even though the first violation may have occurred before
  345  prior to the date on which the application was submitted;
  346         (g) Is adjudicated an incapacitated person under s.
  347  744.331, or similar laws of any other state; or
  348         (h) Is committed to a mental institution under chapter 394,
  349  or similar laws of any other state.
  350  
  351  Notwithstanding s. 120.60(5), notice by the Department of
  352  Agriculture and Consumer Services of the suspension or
  353  revocation of a concealed weapon or firearm license of this
  354  state or the suspension of the processing of an application for
  355  such license must be by personal delivery to the licensee or
  356  applicant or by mail in an envelope, first class, postage
  357  prepaid, addressed to the licensee or applicant at his or her
  358  last known mailing address provided to the department. Such
  359  mailing by the department constitutes notice, and any failure by
  360  the person to receive the mailed notice does not stay the
  361  effective date or term of the suspension or revocation. A
  362  request for a hearing must be filed with the department within
  363  21 days if notice was received by personal delivery, or within
  364  26 days after the date the department deposited the notice in
  365  the United States mail (21 days plus 5 days for mailing). Proof
  366  of the giving of notice shall be made by entry in the records of
  367  the department that such notice was given. The entry is
  368  admissible in the courts of this state and constitutes
  369  sufficient proof that notice was given.
  370         Section 39. Effective upon this act becoming a law,
  371  paragraph (a) of subsection (11) of section 790.06, Florida
  372  Statutes, is amended to read:
  373         790.06 License to carry concealed weapon or firearm.—
  374         (11)(a) At least No less than 90 days before the expiration
  375  date of the license, the Department of Agriculture and Consumer
  376  Services shall mail to each licensee a written notice of the
  377  expiration and a renewal form prescribed by the Department of
  378  Agriculture and Consumer Services. The licensee must renew his
  379  or her license on or before the expiration date by filing with
  380  the Department of Agriculture and Consumer Services the renewal
  381  form containing an a notarized affidavit submitted under oath
  382  and under penalty of perjury stating that the licensee remains
  383  qualified pursuant to the criteria specified in subsections (2)
  384  and (3), a color photograph as specified in paragraph (5)(e),
  385  and the required renewal fee. Out-of-state residents must also
  386  submit a complete set of fingerprints and fingerprint processing
  387  fee. The license shall be renewed upon receipt of the completed
  388  renewal form, color photograph, appropriate payment of fees,
  389  and, if applicable, fingerprints. Additionally, a licensee who
  390  fails to file a renewal application on or before its expiration
  391  date must renew his or her license by paying a late fee of $15.
  392  A license may not be renewed 180 days or more after its
  393  expiration date, and such a license is deemed to be permanently
  394  expired. A person whose license has been permanently expired may
  395  reapply for licensure; however, an application for licensure and
  396  fees under subsection (5) must be submitted, and a background
  397  investigation shall be conducted pursuant to this section. A
  398  person who knowingly files false information under this
  399  subsection is subject to criminal prosecution under s. 837.06.
  400         Section 40. Subsection (8) is added to section 790.0625,
  401  Florida Statutes, to read:
  402         790.0625 Appointment of tax collectors to accept
  403  applications for a concealed weapon or firearm license; fees;
  404  penalties.—
  405         (8) Upon receipt of a completed renewal application, a new
  406  color photograph, and appropriate payment of fees, a tax
  407  collector authorized to accept renewal applications for
  408  concealed weapon or firearm licenses under this section may,
  409  upon approval and confirmation of license issuance by the
  410  department, print and deliver a concealed weapon or firearm
  411  license to a licensee renewing his or her license at the tax
  412  collector’s office.
  413         Section 41. Subsections (1) through (4) of section 559.917,
  414  Florida Statutes, are amended to read:
  415         559.917 Bond to release possessory lien claimed by motor
  416  vehicle repair shop.—
  417         (1)As used in this section, the term:
  418         (a)“Lienholder” means a person claiming an interest in or
  419  a lien on a vehicle pursuant to s. 713.585(5).
  420         (b)“Lienor” means a person claiming a lien for motor
  421  vehicle repair shop work under part II of chapter 713.
  422         (2)(1)(a) A lienholder or Any customer may obtain the
  423  release of a her or his motor vehicle for which the lienholder
  424  or customer has a lien or ownership rights, respectively, from
  425  any lien claimed under part II of chapter 713 by a motor vehicle
  426  repair shop for repair work performed under a written repair
  427  estimate by filing with the clerk of the court in the circuit in
  428  which the disputed transaction occurred a cash or surety bond,
  429  payable to the person claiming the lien and conditioned for the
  430  payment of any judgment which may be entered on the lien. The
  431  bond shall be in the amount stated on the invoice required by s.
  432  559.911, plus accrued storage charges, if any, less any amount
  433  paid to the motor vehicle repair shop as indicated on the
  434  invoice. The lienholder or customer shall not be required to
  435  institute judicial proceedings in order to post the bond in the
  436  registry of the court, nor shall the lienholder or customer be
  437  required to use a particular form for posting the bond, unless
  438  the clerk provides shall provide such form to the lienholder or
  439  customer for filing. Upon the posting of such bond, the clerk of
  440  the court shall automatically issue a certificate notifying the
  441  lienor of the posting of the bond and directing the lienor to
  442  release the lienholder’s or customer’s motor vehicle.
  443         (b) The lienor shall have 60 days to file suit to recover
  444  the bond. The prevailing party in that action may be entitled to
  445  damages plus court costs and reasonable attorney attorney’s
  446  fees. If the lienor fails to file suit within 60 days after the
  447  posting of such bond, the bond shall be discharged.
  448         (3)(2) The failure of a lienor to release or return to the
  449  lienholder or customer the motor vehicle upon which any lien is
  450  claimed, upon receiving a copy of a certificate giving notice of
  451  the posting of the bond and directing release of the motor
  452  vehicle, shall subject the lienor to judicial proceedings which
  453  may be brought by the lienholder or customer to compel
  454  compliance with the certificate. If Whenever a lienholder
  455  pursuant to s. 713.585 or customer brings an action to compel
  456  compliance with the certificate, the lienholder or customer need
  457  only establish that:
  458         (a) Bond in the amount of the invoice, plus accrued storage
  459  charges, if any, less any amount paid to the motor vehicle
  460  repair shop as indicated on the invoice, was posted;
  461         (b) A certificate was issued pursuant to this section;
  462         (c) The motor vehicle repair shop, or any employee or agent
  463  thereof who is authorized to release the motor vehicle, received
  464  a copy of a certificate issued pursuant to this section; and
  465         (d) The motor vehicle repair shop or employee authorized to
  466  release the motor vehicle failed to release the motor vehicle.
  467  
  468  The lienholder or customer, upon a judgment in her or his favor
  469  in an action brought under this subsection, may be entitled to
  470  damages plus court costs and reasonable attorney attorney’s fees
  471  sustained by her or him by reason of such wrongful detention or
  472  retention. Upon a judgment in favor of the motor vehicle repair
  473  shop, the shop may be entitled to reasonable attorney attorney’s
  474  fees.
  475         (4)(3) Any motor vehicle repair shop that which, or any
  476  employee or agent thereof who is authorized to release the motor
  477  vehicle who, upon receiving a copy of a certificate giving
  478  notice of the posting of the bond in the required amount and
  479  directing release of the motor vehicle, fails to release or
  480  return the property to the lienholder or customer pursuant to
  481  this section commits is guilty of a misdemeanor of the second
  482  degree, punishable as provided in s. 775.082 or s. 775.083.
  483         (5)(4) Any lienholder or customer who stops payment on a
  484  credit card charge or a check drawn in favor of a motor vehicle
  485  repair shop on account of an invoice, or who fails to post a
  486  cash or surety bond pursuant to this section, shall be
  487  prohibited from any recourse under this section with respect to
  488  the motor vehicle repair shop.
  489  ================= T I T L E  A M E N D M E N T ================
  490  And the title is amended as follows:
  491         Delete lines 2 - 174
  492  and insert:
  493         An act relating to regulated service providers;
  494         amending s. 472.007, F.S.; revising the composition of
  495         the Board of Professional Surveyors and Mappers;
  496         amending s. 472.015, F.S.; requiring the Department of
  497         Agriculture and Consumer Services to waive the initial
  498         land surveying and mapping license fee for certain
  499         veterans, the spouses of such veterans, or certain
  500         business entities that have a majority ownership held
  501         by such veterans or spouses; amending s. 493.6105,
  502         F.S.; waiving the initial application fee for veterans
  503         for certain private investigative, private security,
  504         and repossession service licenses; revising certain
  505         fees for initial license applications; revising the
  506         submission requirements for a Class “K” license;
  507         amending s. 493.6106, F.S.; deleting a provision
  508         requiring that certain applicants submit additional
  509         documentation establishing state residency; amending
  510         s. 493.6107, F.S.; waiving the initial license fees
  511         for veterans for certain private investigative,
  512         private security, and repossession service licenses;
  513         amending s. 493.6108, F.S.; requiring the Department
  514         of Law Enforcement to retain fingerprints submitted
  515         for private investigative, private security, and
  516         repossession service licenses, to enter such
  517         fingerprints into the statewide automated biometric
  518         identification system and the Federal Bureau of
  519         Investigation’s national retained print arrest
  520         notification program, and to report any arrest record
  521         information to the Department of Agriculture and
  522         Consumer Services; requiring the department to provide
  523         information about an arrest of a licensee for certain
  524         crime within the state to the agency that employs the
  525         licensee; amending s. 493.6113, F.S.; clarifying the
  526         renewal requirements for Class “K” licenses; requiring
  527         a person holding a private investigative, private
  528         security, or repossession service license issued
  529         before a certain date to submit, upon first renewal of
  530         the license, a full set of fingerprints and a
  531         fingerprint processing fee; amending ss. 493.6202,
  532         493.6302, and 493.6402, F.S.; waiving initial license
  533         fees for veterans for certain private investigative,
  534         private security, and repossession service licenses;
  535         amending s. 501.0125, F.S.; revising the definition of
  536         the term “health studio”; defining the term “personal
  537         trainer”; amending s. 501.015, F.S.; requiring the
  538         department to waive the initial health studio
  539         registration fee for certain veterans, the spouses of
  540         such veterans, or certain business entities that have
  541         a majority ownership held by such veterans or spouses;
  542         amending s. 501.605, F.S.; prohibiting the use of a
  543         mail drop as a street address for the principal
  544         location of a commercial telephone seller; requiring
  545         the department to waive the initial commercial
  546         telephone seller license fee for certain veterans, the
  547         spouses of such veterans, or certain business entities
  548         that have a majority ownership held by such veterans
  549         or spouses; amending s. 501.607, F.S.; requiring the
  550         department to waive the initial telephone salesperson
  551         license fees for certain veterans, the spouses of such
  552         veterans, or certain business entities that have a
  553         majority ownership held by such veterans or spouses;
  554         amending s. 507.03, F.S.; requiring the department to
  555         waive the initial registration fee for an intrastate
  556         mover for certain veterans, the spouses of such
  557         veterans, or certain business entities that have a
  558         majority ownership held by such veterans or spouses;
  559         amending s. 527.02, F.S.; requiring the department to
  560         waive the original liquefied petroleum gas license fee
  561         for certain veterans, the spouses of such veterans, or
  562         certain business entities that have a majority
  563         ownership held by such veterans or spouses; amending
  564         s. 527.021, F.S.; deleting a provision requiring a fee
  565         for registering transport vehicles; amending s.
  566         531.37, F.S.; revising the definition of the term
  567         “weights and measures”; amending s. 531.415, F.S.;
  568         revising the fees for actual metrology laboratory
  569         calibration and testing services; amending s. 531.60,
  570         F.S.; clarifying the applicability of permits for
  571         commercially operated or tested weights or measures
  572         instruments or devices; requiring a new permit
  573         application if a new owner acquires and moves an
  574         instrument or a device; requiring a business to notify
  575         the department of certain information under certain
  576         circumstances; deleting a provision authorizing the
  577         department to test weights and measures instruments or
  578         devices under certain circumstances; amending s.
  579         531.61, F.S.; clarifying provisions exempting certain
  580         instruments or devices from specified requirements;
  581         amending s. 531.62, F.S.; specifying that the
  582         commercial use permit fee is based upon the number and
  583         types of instruments or devices permitted; revising
  584         the expiration date of the commercial use permit;
  585         requiring annual and biennial commercial use permit
  586         renewals to meet the same requirements; amending s.
  587         531.63, F.S.; revising the commercial use permit fees
  588         and fee structures; amending s. 531.65, F.S.;
  589         clarifying that the department may use one or more of
  590         the prescribed penalties for the unauthorized use of a
  591         weights and measures instrument or device; amending s.
  592         539.001, F.S.; requiring the department to waive the
  593         initial pawnbroker license fee for certain veterans,
  594         the spouses of such veterans, or certain business
  595         entities that have a majority ownership held by such
  596         veterans or spouses; amending s. 559.904, F.S.;
  597         requiring the department to waive the initial motor
  598         vehicle repair shop registration fee for certain
  599         veterans, the spouses of such veterans, or certain
  600         business entities that have a majority ownership held
  601         by such veterans or spouses; amending s. 559.927,
  602         F.S.; revising definitions; amending s. 559.928, F.S.;
  603         revising the registration requirements for sellers of
  604         travel; requiring the department to waive the initial
  605         seller of travel registration fee for certain
  606         veterans, the spouses of such veterans, or certain
  607         business entities that have a majority ownership held
  608         by such veterans or spouses; requiring each
  609         advertisement, each certificate, or any other travel
  610         document to include a specified phrase; deleting a
  611         provision requiring an advertisement to include a
  612         specified phrase; revising the circumstances under
  613         which the department may deny or refuse to renew a
  614         registration; authorizing the department to revoke the
  615         registration of a seller of travel under certain
  616         circumstances; amending s. 559.929, F.S.; revising
  617         certain security requirements; amending s. 559.9295,
  618         F.S.; revising the requirements that certain sellers
  619         of travel submit and disclose to the department;
  620         deleting provisions relating to the duties of the
  621         department; amending s. 559.932, F.S.; requiring a
  622         specified typeface point size for certain disclosures;
  623         requiring the department to review copies of certain
  624         certificates and contracts for compliance with
  625         disclosure requirements; amending s. 559.933, F.S.;
  626         making technical changes; amending s. 559.9335, F.S.;
  627         revising violations relating to the sale of travel;
  628         amending s. 559.935, F.S.; deleting a provision
  629         requiring an affidavit of exemption to obtain a seller
  630         of travel affiliate exemption; adding embezzlement as
  631         a crime for which the department may revoke certain
  632         exemptions; amending s. 559.936, F.S.; conforming
  633         cross-references; amending s. 616.242, F.S.; exempting
  634         water-related amusement rides operated by lodging and
  635         food service establishments and membership
  636         campgrounds, amusement rides at private, membership
  637         only facilities, and nonprofit permanent facilities
  638         from certain safety standards; authorizing owners or
  639         managers of amusement rides to use alternative forms
  640         to record ride inspections and employee training;
  641         amending s. 713.585, F.S.; revising certain notice
  642         requirements; authorizing the owner of a vehicle or a
  643         person claiming an interest in the vehicle or in a
  644         lien thereon to post a bond to recover possession of a
  645         vehicle held by a lienor; requiring the clerk of the
  646         court to issue a certificate notifying the lienor of
  647         the posting of bond; establishing procedures and
  648         requirements for a vehicle owner to reclaim such
  649         vehicles recovered by a lienholder; authorizing courts
  650         to award damages based on claims relating to the
  651         enforcement of certain lien and recovery rights;
  652         requiring courts to provide for the immediate payment
  653         of proceeds and awards and immediate release of bonds;
  654         amending s. 790.06, F.S.; revising the requirements
  655         for issuance of a concealed weapon or firearm license;
  656         requiring directions for expedited processing requests
  657         in the license application form; revising the initial
  658         and renewal fees for a concealed weapon or firearm
  659         license; providing a process for expediting
  660         applications for servicemembers and veterans;
  661         requiring that notice of the suspension or revocation
  662         of a concealed weapon or firearm license or the
  663         suspension of the processing of an application for
  664         such license be given by personal delivery or first
  665         class mail; specifying deadlines for requests for a
  666         hearing for suspensions or revocations; specifying
  667         standards of proof for notice of suspensions or
  668         revocations; requiring concealed weapon or firearm
  669         license renewals to include an affidavit submitted
  670         under oath and under penalty of perjury, rather than a
  671         notarized affidavit; amending s. 790.0625, F.S.;
  672         authorizing certain tax collector offices, upon
  673         approval and confirmation of license issuance by the
  674         department, to print and deliver concealed weapon or
  675         firearm licenses; amending ss. 559.917, 559.9285, and
  676         559.937, F.S.; conforming terminology; providing
  677         effective dates.