Senate Bill sb1314c1
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    Florida Senate - 2004                           CS for SB 1314
    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senator Garcia
    310-2281-04
  1                      A bill to be entitled
  2         An act relating to consumer services; creating
  3         a consumer education pilot program within the
  4         Department of Agriculture and Consumer Services
  5         to educate secondary and postsecondary students
  6         about issues concerning consumer protection;
  7         providing for the administration, purpose, and
  8         methods of implementing the pilot program;
  9         requiring a report to the Legislature and
10         recommendations with respect to continuing the
11         pilot program; requiring the Department of
12         Agriculture and Consumer Services to prepare a
13         report and submit recommendations to the
14         Governor and Legislature concerning the state's
15         "no sales solicitation calls" listing;
16         prescribing items to be included as part of the
17         report; amending s. 501.059, F.S.; redefining
18         the term "telephonic sales call" to provide
19         that the term applies to sales of goods or
20         services; redefining the term "consumer goods
21         or services" to remove the term "consumer" and
22         include property used for business purposes;
23         redefining the term "unsolicited telephonic
24         sales call" to replace the word person with
25         consumer; redefining the term "consumer" to
26         reflect the statutory definition of person;
27         redefining the term "merchant" to include the
28         offering of goods and services; requiring a
29         telephone solicitor to identify himself or
30         herself when calling a business; adding a
31         business to those who may subscribe to the "no
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    Florida Senate - 2004                           CS for SB 1314
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 1         sales solicitation calls" listing of the
 2         Department of Agriculture and Consumer
 3         Services; adding "business" to those who may
 4         not be called if listed in the department's
 5         published quarterly listing; adding "business"
 6         to those whose numbers must be screened out if
 7         the number is on the department's "no sales
 8         solicitation calls" listing and a telephone
 9         solicitor or person intends to sell consumer
10         information containing that number; amending s.
11         501.143, F.S.; authorizing increased
12         administrative fines and civil penalties for
13         certain violations under the Dance Studio Act
14         against a senior citizen or handicapped person;
15         amending s. 525.09, F.S.; revising reporting
16         requirements related to remittance of petroleum
17         fuel inspection taxes; amending s. 539.001,
18         F.S.; authorizing increased administrative
19         fines and civil penalties for violations under
20         the Florida Pawnbroking Act against a senior
21         citizen or handicapped person; amending s.
22         559.801, F.S.; redefining the term "business
23         opportunity" for the purposes of regulating the
24         sale or lease of business opportunities;
25         amending s. 559.920, F.S.; redefining actions
26         by motor vehicle repair shops or employees
27         which are unlawful; amending s. 559.921, F.S.;
28         authorizing increased administrative fines and
29         civil penalties for certain violations by a
30         motor vehicle repair shop against a senior
31         citizen or handicapped person; amending s.
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    Florida Senate - 2004                           CS for SB 1314
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 1         559.928, F.S.; revising information to be
 2         submitted for registration as a seller of
 3         travel and information submitted by independent
 4         agents; amending s. 559.934, F.S.; specifying
 5         that violations of the Florida Sellers of
 6         Travel Act are violations of the Florida
 7         Deceptive and Unfair Trade Practices Act;
 8         amending s. 570.544, F.S.; requiring the
 9         Division of Consumer Services of the Department
10         of Agriculture and Consumer Services to report
11         and offer recommendations to the Commissioner
12         of Agriculture for submission to the
13         Legislature relating to consumer complaints
14         against businesses not regulated by certain
15         state agencies; amending s. 616.242, F.S.;
16         revising conditions under which an amusement
17         ride must be inspected by the Department of
18         Agriculture and Consumer Services; revising
19         schedules for such inspections; amending s.
20         817.568, F.S.; including a deceased individual
21         within the definition of the term "individual"
22         for purposes of provisions prohibiting the
23         unlawful use of personal identification
24         information; prescribing criminal offenses and
25         providing penalties for using personal
26         information of a deceased individual without
27         permission; including the estate of an
28         individual within the definition of the term
29         "victim" for purposes of court-ordered
30         restitution; conforming changes relating to the
31         location where consent to use personal
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    Florida Senate - 2004                           CS for SB 1314
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 1         information is given; conforming changes
 2         relating to venue for prosecutions and trials
 3         governing criminal use of personal
 4         identification information; amending s.
 5         849.094, F.S.; redefining the term "operator"
 6         for purposes of the regulation of game
 7         promotions; increasing certain filing fees for
 8         operators of game promotions; revising notice
 9         requirements and filing deadlines for game
10         promotions; reenacting s. 921.0022(3)(d), (e),
11         (h), and (i), F.S., relating to the offense
12         severity ranking chart of the Criminal
13         Punishment Code, to incorporate the amendment
14         to s. 817.568, F.S., in references thereto;
15         prohibiting the marketing and distribution of
16         health-related discount cards under certain
17         conditions; requiring a person who markets or
18         distributes such cards to register with the
19         Department of Financial Services; providing an
20         annual registration fee; requiring designation
21         of an agent for service of process; providing
22         for service of process with the Secretary of
23         State; providing criminal penalties and other
24         remedies; authorizing the Department of
25         Financial Services to adopt rules; providing
26         appropriations; authorizing
27         full-time-equivalent positions within the
28         Department of Agriculture and Consumer
29         Services; providing effective dates.
30  
31  Be It Enacted by the Legislature of the State of Florida:
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    Florida Senate - 2004                           CS for SB 1314
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 1         Section 1.  Consumer education pilot program.--
 2         (1)  The Department of Agriculture and Consumer
 3  Services shall develop and implement during the 2004-2005
 4  fiscal year a pilot program to educate secondary and
 5  postsecondary students about consumer protection issues.
 6         (a)  The purpose of the pilot program shall be to
 7  assist students in developing skills to make informed choices
 8  as consumers, as well as in developing an understanding of
 9  their rights and responsibilities as consumers.
10         (b)  The pilot program may address topics including,
11  but not limited to:
12         1.  Purchasing an automobile.
13         2.  Credit cards and other consumer debt.
14         3.  Landlord and tenant relations.
15         4.  Health studios.
16         5.  Home employment opportunities.
17         6.  Identity theft.
18         7.  Credit reporting and scoring.
19         (c)  The pilot program shall be implemented in at least
20  four different regions of the state.
21         (d)  Methods to implement the pilot program may
22  include, but are not limited to:
23         1.  School site visits.
24         2.  Public service announcements.
25         3.  Contests in which students participate.
26         4.  Seminars or similar training sessions.
27         5.  Provision of information using Internet-based
28  applications.
29  
30  
31  
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 1  The department is encouraged to use Internet-based
 2  applications to maximize the number of students who may
 3  participate in the pilot program.
 4         (e)  The department may collaborate with other state
 5  agencies; local government agencies; educational institutions;
 6  or private, not-for-profit consumer organizations to implement
 7  the pilot program.
 8         (2)  By December 1, 2005, the Department of Agriculture
 9  and Consumer Services shall report to the President of the
10  Senate and the Speaker of the House of Representatives on the
11  activities conducted under the pilot program. The report shall
12  include a recommendation on whether to continue the pilot
13  program.
14         Section 2.  The Department of Agriculture and Consumer
15  Services shall prepare a report that evaluates the operation
16  of the state's "no sales solicitation calls" listing,
17  established under section 501.059, Florida Statutes, during
18  the period from November 1, 2003, to November 1, 2004, and
19  assesses the continued viability of the state listing as it
20  has been affected by, among other factors, the federal
21  Do-Not-Call program established through rules of the Federal
22  Trade Commission and the Federal Communications Commission
23  published at 68 Federal Register 4580 and 68 Federal Register
24  44144. The department shall submit the report to the Governor,
25  the President of the Senate, and the Speaker of the House of
26  Representatives by December 1, 2004.
27         (1)  The report must include, at a minimum, the
28  following information, with comparable data for the same
29  period during the prior year:
30         (a)  The number of initial consumer subscriptions and
31  renewal subscriptions to the state listing, and the associated
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 1  fees collected, per month, with an explanation of any factors
 2  that affected consumer subscriptions during the evaluation
 3  period.
 4         (b)  The number of purchases of the state listing by
 5  solicitors and the amount of fees generated from the
 6  purchases.
 7         (c)  The number of complaints received by the
 8  department related to the state listing per month.
 9         (d)  The number of enforcement actions taken by the
10  department per month, the amount of fines imposed per month,
11  and a description of any settlements reached.
12         (2)  The report must also include:
13         (a)  The number of listings of Florida consumers
14  registered with the federal Do-Not-Call program which have
15  been downloaded by the department and subscribed to the state
16  listing, as well as the number of listings uploaded to the
17  federal program, and a description of any impediments the
18  department experienced in this process.
19         (b)  A description of any activities by the department
20  related to enforcement of the federal Do-Not-Call program.
21         (c)  If telephone numbers of Florida consumers
22  registered with the federal Do-Not-Call program have been
23  downloaded to the state listing, an evaluation of whether
24  those consumers have filed complaints with the department,
25  and, if so, the nature of those complaints and what action, if
26  any, was taken by the department to address those complaints.
27         (d)  The status of litigation involving the federal
28  program and an evaluation of the litigation's effect on the
29  department's management of the state listing.
30         (e)  A recommendation of whether it is feasible to
31  continue operation of the state listing based upon, among
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 1  other factors, the effects of the federal program; the
 2  associated litigation; and the amount of revenue collected
 3  from subscriptions, renewals, solicitor fees, and enforcement
 4  actions. If the report recommends the continued operation of
 5  the state listing, the report must also include a
 6  recommendation of, and rationale for, the resources necessary
 7  for the department to continue to manage the listing at its
 8  current level of consumer protection.
 9         (f)  A description of how the federal program's
10  preemption of less restrictive state exemptions affects any
11  exemptions allowed under the state's "no sales solicitation
12  calls" listing and a recommendation of legislative action, if
13  any, which may be necessary to address this issue.
14         (g)  Any additional information that the department
15  believes will be useful to the Legislature in evaluating the
16  state listing and any potential changes to the state listing.
17         Section 3.  Section 501.059, Florida Statutes, is
18  amended to read:
19         501.059  Telephone solicitation.--
20         (1)  As used in this section:
21         (a)  "Telephonic sales call" means a call made by a
22  telephone solicitor to a consumer, for the purpose of
23  soliciting a sale of any consumer goods or services, or for
24  the purpose of soliciting an extension of credit for consumer
25  goods or services, or for the purpose of obtaining information
26  that will or may be used for the direct solicitation of a sale
27  of consumer goods or services or an extension of credit for
28  such purposes.
29         (b)  "Consumer Goods or services" means any real
30  property or any tangible or intangible personal property which
31  is normally used for personal, family, or household, or
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 1  business purposes, including, without limitation, any such
 2  property intended to be attached to or installed in any real
 3  property without regard to whether it is so attached or
 4  installed, as well as cemetery lots and timeshare estates, and
 5  any services related to such property.
 6         (c)  "Unsolicited telephonic sales call" means a
 7  telephonic sales call other than a call made:
 8         1.  In response to an express request of the consumer
 9  person called;
10         2.  Primarily in connection with an existing debt or
11  contract, payment or performance of which has not been
12  completed at the time of such call;
13         3.  To any consumer person with whom the telephone
14  solicitor has a prior or existing business relationship; or
15         4.  By a newspaper publisher or his or her agent or
16  employee in connection with his or her business.
17         (d)  "Commission" means the Florida Public Service
18  Commission.
19         (e)  "Telephone solicitor" means any natural person,
20  firm, organization, partnership, association, or corporation,
21  or a subsidiary or affiliate thereof, doing business in this
22  state, who makes or causes to be made a telephonic sales call,
23  including, but not limited to, calls made by use of automated
24  dialing or recorded message devices.
25         (f)  "Consumer" means a person as defined in s. 1.01
26  who is an actual or prospective purchaser, lessee, or
27  recipient of consumer goods or services.
28         (g)  "Merchant" means a person who, directly or
29  indirectly, offers or makes available to consumers any
30  consumer goods or services.
31  
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 1         (h)  "Doing business in this state" refers to
 2  businesses who conduct telephonic sales calls from a location
 3  in Florida or from other states or nations to consumers
 4  located in this state Florida.
 5         (i)  "Department" means the Department of Agriculture
 6  and Consumer Services.
 7         (2)  Any telephone solicitor who makes an unsolicited
 8  telephonic sales call to a residential, business, mobile, or
 9  telephonic paging device telephone number must shall identify
10  himself or herself by his or her true first and last names and
11  the business on whose behalf he or she is soliciting
12  immediately upon making contact by telephone with the consumer
13  person who is the object of the telephone solicitation.
14         (3)(a)  Any residential, business, mobile, or
15  telephonic paging device telephone subscriber desiring to be
16  placed on a "no sales solicitation calls" listing indicating
17  that the subscriber does not wish to receive unsolicited
18  telephonic sales calls may notify the department and be placed
19  on that listing upon receipt by the department of a $10
20  initial listing charge.  This listing shall be renewed by the
21  department annually for each subscriber consumer upon receipt
22  of a renewal notice and a $5 assessment.
23         (b)  The department shall update its "no sales
24  solicitation calls" listing upon receipt of initial consumer
25  subscriptions or renewals and provide this listing for a fee
26  to telephone solicitors upon request.
27         (c)  All fees imposed under pursuant to this section
28  shall be deposited in the General Inspection Trust Fund for
29  the administration of this section.
30         (4)  A No telephone solicitor may not shall make or
31  cause to be made any unsolicited telephonic sales call to any
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 1  residential, business, mobile, or telephonic paging device
 2  telephone number if the number for that telephone appears in
 3  the then-current quarterly listing published by the
 4  department.  Any telephone solicitor or person who offers for
 5  sale any consumer information which includes residential,
 6  business, mobile, or telephonic paging device telephone
 7  numbers, except directory assistance and telephone directories
 8  sold by telephone companies and organizations exempt under s.
 9  501(c)(3) or (6) of the Internal Revenue Code, must shall
10  screen and exclude those numbers which appear on the
11  division's then-current "no sales solicitation calls" list.
12  This subsection does not apply to any person licensed under
13  pursuant to chapter 475 who calls an actual or prospective
14  seller or lessor of real property when the such call is made
15  in response to a yard sign or other form of advertisement
16  placed by the seller or lessor.
17         (5)(a)  A contract made through pursuant to a
18  telephonic sales call is not valid or and enforceable against
19  a consumer unless the made in compliance with this subsection.
20         (b)  A contract made pursuant to a telephonic sales
21  call:
22         (a)1.  Is Shall be reduced to writing and signed by the
23  consumer.
24         (b)2.  Complies Shall comply with all other applicable
25  laws and rules.
26         (c)3.  Matches Shall match the description of goods or
27  services as principally used in the telephone solicitations.
28         (d)4.  Contains Shall contain the name, address, and
29  telephone number of the seller, the total price of the
30  contract, and a detailed description of the goods or services
31  being sold.
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 1         (e)5.  Contains Shall contain, in bold, conspicuous
 2  type, immediately preceding the signature, the following
 3  statement:
 4         "You are not obligated to pay any money unless you sign
 5  this contract and return it to the seller."
 6         (f)6.  Does May not exclude from its terms any oral or
 7  written representations made by the telephone solicitor to the
 8  consumer in connection with the transaction.
 9         (c)  The provisions of
10  
11  This subsection does do not apply to contractual sales
12  regulated under other sections of the Florida Statutes, or to
13  the sale of financial services, security sales, or sales
14  transacted by companies or their wholly owned subsidiaries or
15  agents, which companies are regulated by chapter 364, or to
16  the sale of cable television services to the duly franchised
17  cable television operator's existing subscribers within that
18  cable television operator's franchise area, or to any sales
19  where no prior payment is made to the merchant and an invoice
20  accompanies the goods or services allowing the consumer 7 days
21  to cancel or return without obligation for any payment.
22         (6)(a)  A merchant who engages a telephone solicitor to
23  make or cause to be made a telephonic sales call may shall not
24  make or submit any charge to the consumer's credit card
25  account or make or cause to be made any electronic transfer of
26  funds until after the merchant receives from the consumer a
27  copy of the contract, signed by the purchaser, which complies
28  with this section.
29         (b)  A merchant who conducts a credit card account
30  transaction under pursuant to this section is shall be subject
31  to the provisions of s. 817.62.
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 1         (c)  The provisions of This subsection does do not
 2  apply to a transaction:
 3         1.  Made in accordance with prior negotiations in the
 4  course of a visit by the consumer to a merchant operating a
 5  retail business establishment which has a fixed permanent
 6  location and where consumer goods are displayed or offered for
 7  sale on a continuing basis;
 8         2.  In which the consumer may obtain a full refund for
 9  the return of undamaged and unused goods or a cancellation of
10  services notice to the seller within 7 days after receipt by
11  the consumer, and the seller will process the refund within 30
12  days after receipt of the returned merchandise by the
13  consumer;
14         3.  In which the consumer purchases goods or services
15  as part of pursuant to an examination of a television, radio,
16  or print advertisement or a sample, brochure, or catalog of
17  the merchant that contains:
18         a.  The name, address, and telephone number of the
19  merchant;
20         b.  A description of the goods or services being sold;
21  and
22         c.  Any limitations or restrictions that apply to the
23  offer; or
24         4.  In which the merchant is a bona fide charitable
25  organization or a newspaper as defined in chapter 50.
26         (7)(a)  A No person may not shall make or knowingly
27  allow a telephonic sales call to be made if the such call
28  involves an automated system for the selection or dialing of
29  telephone numbers or the playing of a recorded message when a
30  connection is completed to a number called.
31  
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 1         (b)  This section does not prohibit Nothing herein
 2  prohibits the use of an automated telephone dialing system
 3  with live messages if the calls are made or messages given
 4  solely in response to calls initiated by the persons to whom
 5  the automatic calls or live messages are directed or if the
 6  telephone numbers selected for automatic dialing have been
 7  screened to exclude any telephone subscriber who is included
 8  on the department's then-current "no sales solicitation calls"
 9  listing or any unlisted telephone number, or if the calls made
10  concern goods or services that have been previously ordered or
11  purchased.
12         (8)  The department shall investigate any complaints
13  received concerning violations of this section.  If, after
14  investigating any complaint, the department finds that there
15  has been a violation of this section, the department or the
16  Department of Legal Affairs may bring an action to impose a
17  civil penalty and to seek other relief, including injunctive
18  relief, as the court deems appropriate against the telephone
19  solicitor.  The civil penalty shall not exceed $10,000 per
20  violation and shall be deposited in the General Inspection
21  Trust Fund if the action or proceeding was brought by the
22  department, or the Legal Affairs Revolving Trust Fund if the
23  action or proceeding was brought by the Department of Legal
24  Affairs. This civil penalty may be recovered in any action
25  brought under this part by the department, or the department
26  may terminate any investigation or action upon agreement by
27  the person to pay a stipulated civil penalty.  The department
28  or the court may waive any civil penalty if the person has
29  previously made full restitution or reimbursement or has paid
30  actual damages to the consumers who have been injured by the
31  violation.
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 1         (9)(a)  In any civil litigation resulting from a
 2  transaction involving a violation of this section, the
 3  prevailing party, after judgment in the trial court and
 4  exhaustion of all appeals, if any, shall receive his or her
 5  reasonable attorney's fees and costs from the nonprevailing
 6  party.
 7         (b)  The attorney for the prevailing party shall submit
 8  a sworn affidavit of his or her time spent on the case and his
 9  or her costs incurred for all the motions, hearings, and
10  appeals to the trial judge who presided over the civil case.
11         (c)  The trial judge shall award the prevailing party
12  the sum of reasonable costs incurred in the action plus a
13  reasonable legal fee for the hours actually spent on the case
14  as sworn to in an affidavit.
15         (d)  Any award of attorney's fees or costs shall become
16  a part of the judgment and subject to execution as the law
17  allows.
18         (e)  In any civil litigation initiated by the
19  department or the Department of Legal Affairs, the court may
20  award to the prevailing party reasonable attorney's fees and
21  costs if the court finds that there was a complete absence of
22  a justiciable issue of either law or fact raised by the losing
23  party or if the court finds bad faith on the part of the
24  losing party.
25         (10)  The commission shall by rule ensure that
26  telecommunications companies inform their customers of the
27  provisions of this section.  The notification may be made by:
28         (a)  Annual inserts in the billing statements mailed to
29  customers; and
30         (b)  Conspicuous publication of the notice in the
31  consumer information pages of the local telephone directories.
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 1         Section 4.  Effective October 1, 2004, subsection (7)
 2  of section 501.143, Florida Statutes, is amended, and
 3  subsections (4) and (6) of that section are reenacted, to
 4  read:
 5         501.143  Dance Studio Act.--
 6         (4)  CONTRACT REQUIREMENTS.--Every contract for
 7  ballroom dance studio services or lessons shall be in writing
 8  and shall be subject to this section.  All provisions,
 9  requirements, and prohibitions which are mandated by this
10  section shall be contained in the written contract before it
11  is signed by the customer.  A copy of the signed contract
12  shall be given to the customer at the time the customer signs
13  the contract.
14         (a)  Every contract for ballroom dance studio services
15  or lessons shall set forth the customer's total payment
16  obligation for services or lessons to be received pursuant to
17  the contract and shall contain a written statement of the
18  hourly or lesson rate charged for each type of lesson for
19  which the customer has contracted.
20         (b)  If the contract includes ballroom dance studio
21  lessons which are sold at different hourly or lesson rates,
22  the contract shall contain separate hourly or lesson rates for
23  each different type of lesson sold.
24         (c)  If the contract for dance studio services or
25  lessons calls for payment in installments, the studio shall
26  comply with all the provisions of the Retail Installment Sales
27  Act, part II of chapter 520.
28         (d)  All charges for dance studio services or lessons
29  for which the customer has contracted which are not capable of
30  an hourly rate shall be set forth in writing in specific
31  terms.
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 1         (e)  Every ballroom dance studio to which this section
 2  applies shall keep a copy of each contract for dance studio
 3  services or lessons on file for as long as the contract is in
 4  effect and for a period of 2 years thereafter.
 5         (f)  Every contract for the sale of future dance studio
 6  services or lessons which are paid for in advance or which the
 7  buyer agrees to pay for in future installment payments shall
 8  be in writing and shall contain in boldfaced type, under
 9  conspicuous caption, contractual provisions to the contrary
10  notwithstanding, the following:
11         1.  A provision for the penalty-free cancellation of
12  the contract within 3 days, exclusive of holidays and
13  weekends, of its making, upon the mailing or delivery of
14  written notice to the ballroom dance studio.  Written notice
15  may be construed as any written expression of the customer to
16  not be bound by the contract. The ballroom dance studio shall
17  refund upon such notice all moneys paid under the contract
18  except the amount for ballroom dance studio services or
19  lessons actually rendered or to have been rendered, by
20  contract, during the number of days prior to the cancellation
21  notice.  A refund shall be issued within 20 days after receipt
22  of the notice of cancellation made within the 3-day notice.
23         2.  A provision for the cancellation of the contract,
24  if the buyer dies or becomes physically or mentally unable to
25  avail himself or herself of the dance studio lessons or
26  services or if the lessons or services cease to be offered as
27  stated in the contract, after 3 business days of its making
28  and release from further payments upon notice of cancellation.
29  After 3 business days the studio shall charge only for the
30  dance instruction and dance instruction services actually
31  furnished under the agreement plus a reasonable and fair
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 1  service fee.  The studio shall refund the balance in three
 2  equal monthly installments, to be completed within not more
 3  than 90 days after receiving notice of cancellation.
 4         3.  Any provision in a dance contract, certificate,
 5  dance package, or brochure or other material from a dance
 6  studio that purports to waive, limit, restrict, or avoid any
 7  of the duties, obligations, or prescriptions of the dance
 8  studio, as provided in this section, is void and unenforceable
 9  and against public policy, unless it is necessitated by
10  contractual arrangements with suppliers and fully disclosed.
11         (g)  A contract for ballroom dance studio services or
12  lessons may not be for a period in excess of 36 months and,
13  thereafter, is only renewable annually. Such renewal contracts
14  may not be executed nor may the fee therefor be paid until 60
15  days or less before the preceding contract expires.
16         (h)  A ballroom dance studio may not, directly or
17  indirectly, make an oral or written representation that a
18  ballroom dance studio contract for future services is for a
19  lifetime, constitutes a perpetual membership, or is otherwise
20  for an indefinite term.
21         (6)  PROHIBITED PRACTICES.--It is a violation of this
22  section for any person:
23         (a)  To conduct business as a ballroom dance studio
24  without registering annually with the department.
25         (b)  Knowingly to make any false statement,
26  representation, or certification in any application or
27  registration form required by department rule.
28         (c)  Knowingly to violate or fail to comply with any
29  rule or order adopted or issued by the department pursuant to
30  its lawful authority in carrying out the intent of this
31  section.
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 1         (d)  To represent, directly or by implication, that a
 2  specified number of dance studio lessons or a dance studio
 3  service will be furnished, unless the bona fide lessons or
 4  service is in fact furnished as represented.
 5         (e)  To refuse to honor the terms and provisions of any
 6  offer or promise.
 7         (f)  To use any of the following or similar techniques
 8  or practices to mislead, coerce, or induce the purchase of
 9  dance studio lessons or dance studio services:
10         1.  Requesting any customer to sign an uncompleted
11  contract or agreement;
12         2.  Misrepresenting to any customer what is or will be
13  due or payable;
14         3.  Using any single day "relay salesmanship" or
15  consecutive sales talks with more than one representative,
16  with or without the use of hidden listening devices;
17         4.  Falsely assuring or representing to any customer
18  that a given course of dance studio lessons will enable him or
19  her to achieve a given standard of dancing proficiency;
20         5.  Representing in any manner that a dancing
21  instructor or job is obtainable at a studio or misrepresenting
22  what such an instructor will be paid; or
23         6.  Using any analyses, tests, studio competitions, or
24  other artifices purportedly designed to evaluate dancing
25  ability, progress, or proficiency when the artifices are not
26  so designed or so used.
27  
28  The department may employ investigators and conduct
29  investigations of violations of this section.
30  
31  
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 1         (7)  PENALTIES; REMEDIES.--The following penalties and
 2  remedies are available for enforcement of the provisions of
 3  this section:
 4         (a)  The department shall have administrative authority
 5  to issue a notice of noncompliance pursuant to s. 120.695 and
 6  to suspend or revoke the registration of any ballroom dance
 7  studio that violates any of the provisions of this section or
 8  the rules adopted or orders issued pursuant to such rules.
 9  Such ballroom dance studio may not engage in business while
10  the registration is revoked or suspended.
11         (b)  The department may impose an administrative fine
12  not to exceed $5,000 per violation against any ballroom dance
13  studio that violates any of the provisions of this section or
14  the rules adopted or orders issued pursuant to this section.
15  If the violation relates to a practice prohibited under
16  subsection (6) or a contract requirement under subsection (4)
17  and the individual affected by the violation is a senior
18  citizen or handicapped person as defined in s. 501.2077, the
19  department may impose an administrative fine not to exceed
20  $15,000 per violation.
21         (c)  Notwithstanding the provisions of subsection (5),
22  the department may require any ballroom dance studio that has
23  operated or is operating in violation of any of the provisions
24  of this section or the rules adopted or orders issued pursuant
25  to such rules to post security with the department in an
26  amount not to exceed $25,000.
27         (d)  The department may proceed by injunction to
28  prevent any ballroom dance studio from doing business subject
29  to the provisions of this section until a performance bond,
30  letter of credit, or certificate of deposit is posted with the
31  department.
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 1         (e)  The enforcing authority may seek a civil penalty
 2  not to exceed $5,000 for each violation of this section or the
 3  rules adopted or orders issued pursuant to such rules and may
 4  institute a civil action in circuit court to recover any
 5  penalties or damages allowed in this section and for
 6  injunctive relief to enforce compliance with this section or
 7  any rule or order of the department. If the violation relates
 8  to a practice prohibited under subsection (6) or a contract
 9  requirement under subsection (4) and the individual affected
10  by the violation is a senior citizen or handicapped person as
11  defined in s. 501.2077, the enforcing authority may seek a
12  civil penalty not to exceed $15,000 for each violation.
13         (f)  The remedies provided in this section are in
14  addition to any other remedies available for the same conduct.
15         Section 5.  Effective October 1, 2004, section 525.09,
16  Florida Statutes, is amended to read:
17         525.09  Inspection fee.--
18         (1)  For the purpose of defraying the expenses incident
19  to inspecting, testing, and analyzing petroleum fuels in this
20  state, there shall be paid to the department a charge of
21  one-eighth cent per gallon on all gasoline, kerosene (except
22  when used as aviation turbine fuel), and #1 fuel oil for sale
23  or use in this state.  This inspection fee shall be imposed in
24  the same manner as the motor fuel tax pursuant to s. 206.41.
25  Payment shall be made on or before the 25th day of each month.
26         (2)  If any company fails to make the payment herein
27  provided on or before the 25th day of each month, the
28  department may add 10 percent to the amount of such taxes
29  already due as a penalty for failure of the company to make
30  the report and payment by the 25th day of each month.  The
31  department shall proceed to collect the tax, together with all
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 1  costs incident to collection by the same methods as other
 2  delinquent taxes are collected by law.
 3         (3)  All remittances to the department for the
 4  inspection tax herein provided shall be accompanied by a
 5  detailed report under oath showing the number of gallons of
 6  gasoline, kerosene, or fuel oil sold and delivered in each
 7  county.
 8         (4)  No inspection fee shall be charged on petroleum
 9  fuels unloaded in any of the Florida ports for shipment into
10  other states.
11         Section 6.  Effective October 1, 2004, subsection (7)
12  of section 539.001, Florida Statutes, is amended to read:
13         539.001  The Florida Pawnbroking Act.--
14         (7)  ORDERS IMPOSING PENALTIES.--
15         (a)  The agency may enter an order imposing one or more
16  of the penalties set forth in paragraph (b) if the agency
17  finds that a pawnbroker:
18         1.  Violated or is operating in violation of any of the
19  provisions of this section or of the rules adopted or orders
20  issued thereunder;
21         2.  Made a material false statement in any application,
22  document, or record required to be submitted or retained under
23  this section;
24         3.  Refused or failed, or any of its principal officers
25  has refused or failed, after notice, to produce any document
26  or records or disclose any information required to be produced
27  or disclosed under this section or the rules of the agency;
28         4.  Made a material false statement in response to any
29  request or investigation by the agency, the Department of
30  Legal Affairs, or the state attorney; or
31  
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 1         5.  Has intentionally defrauded the public through
 2  dishonest or deceptive means.
 3         (b)  Upon a finding as set forth in paragraph (a), the
 4  agency may enter an order doing one or more of the following:
 5         1.  Issuing a notice of noncompliance pursuant to s.
 6  120.695.
 7         2.  Imposing an administrative fine not to exceed
 8  $5,000, or not to exceed $15,000 in the case of a violation
 9  against a senior citizen or handicapped person as defined in
10  s. 501.2077, for each act that which constitutes a violation
11  of this section or a rule or an order.
12         3.  Directing that the pawnbroker cease and desist
13  specified activities.
14         4.  Refusing to license or revoking or suspending a
15  license.
16         5.  Placing the licensee on probation for a period of
17  time, subject to such conditions as the agency may specify.
18         (c)  The administrative proceedings which could result
19  in the entry of an order imposing any of the penalties
20  specified in paragraph (b) are governed by chapter 120.
21         (d)1.  When the agency, if a violation of this section
22  occurs, has reasonable cause to believe that a person is
23  operating in violation of this section, the agency may bring a
24  civil action in the appropriate court for temporary or
25  permanent injunctive relief and may seek other appropriate
26  civil relief, including a civil penalty not to exceed $5,000,
27  or not to exceed $15,000 in the case of a violation against a
28  senior citizen or handicapped person as defined in s.
29  501.2077, for each violation, restitution and damages for
30  injured customers, court costs, and reasonable attorney's
31  fees.
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 1         2.  The agency may terminate any investigation or
 2  action upon agreement by the offender to pay a stipulated
 3  civil penalty, to make restitution or pay damages to
 4  customers, or to satisfy any other relief authorized herein
 5  and requested by the agency.
 6         (e)  The remedies provided for in this subsection shall
 7  be in addition to any other remedy provided by law.
 8         Section 7.  Effective October 1, 2004, subsection (1)
 9  of section 559.801, Florida Statutes, is amended to read:
10         559.801  Definitions.--For the purpose of ss.
11  559.80-559.815, the term:
12         (1)(a)  "Business opportunity" means the sale or lease
13  of any products, equipment, supplies, or services which are
14  sold or leased to a purchaser to enable the purchaser to start
15  a business for which the purchaser is required to pay an
16  initial fee or sum of money which exceeds $500 to the seller,
17  and in which the seller represents:
18         1.  That the seller or person or entity affiliated with
19  or referred by the seller will provide locations, either
20  contemporaneously at the time of the sale or lease or at a
21  future time, or assist the purchaser in finding locations for
22  the use or operation of vending machines, racks, display
23  cases, currency or card operated equipment, or other similar
24  devices or currency-operated amusement machines or devices on
25  premises neither owned nor leased by the purchaser or seller;
26         2.  That the seller will purchase, either
27  contemporaneously at the time of the sale or lease or at a
28  future time, any or all products made, produced, fabricated,
29  grown, bred, or modified by the purchaser using in whole or in
30  part the supplies, services, or chattels sold to the
31  purchaser;
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 1         3.  That the seller guarantees that the purchaser will
 2  derive income from the business opportunity which exceeds the
 3  price paid or rent charged for the business opportunity or
 4  that the seller will refund all or part of the price paid or
 5  rent charged for the business opportunity, or will repurchase
 6  any of the products, equipment, supplies, or chattels supplied
 7  by the seller, if the purchaser is unsatisfied with the
 8  business opportunity; or
 9         4.  That the seller will provide, either
10  contemporaneously at the time of the sale or lease or at a
11  future time, a sales program or marketing program that will
12  enable the purchaser to derive income from the business
13  opportunity, except that this paragraph does not apply to the
14  sale of a sales program or marketing program made in
15  conjunction with the licensing of a trademark or service mark
16  that is registered under the laws of any state or of the
17  United States if the seller requires use of the trademark or
18  service mark in the sales agreement.
19  
20  For the purpose of subparagraph 1., the term "assist the
21  purchaser in finding locations" means, but is not limited to,
22  supplying the purchaser with names of locator companies,
23  contracting with the purchaser to provide assistance or supply
24  names, or collecting a fee on behalf of or for a locator
25  company.
26         (b)  "Business opportunity" does not include:
27         1.  The sale of ongoing businesses when the owner of
28  those businesses sells and intends to sell only those business
29  opportunities so long as those business opportunities to be
30  sold are no more than five in number;
31  
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 1         2.  The not-for-profit sale of sales demonstration
 2  equipment, materials, or samples for a price that does not
 3  exceed $500 or any sales training course offered by the seller
 4  the cost of which does not exceed $500; or
 5         3.  The sale or lease of laundry and drycleaning
 6  equipment.
 7         Section 8.  Effective October 1, 2004, section 559.920,
 8  Florida Statutes, is amended to read:
 9         559.920  Unlawful acts and practices.--It shall be a
10  violation of this act for any motor vehicle repair shop or
11  employee thereof to:
12         (1)  Engage or attempt to engage in repair work for
13  compensation of any type without first being registered with
14  or having submitted an affidavit of exemption to the
15  department;
16         (2)  Make or charge for repairs which have not been
17  expressly or impliedly authorized by the customer;
18         (3)  Misrepresent that repairs have been made to a
19  motor vehicle;
20         (4)  Misrepresent that certain parts and repairs are
21  necessary to repair a vehicle;
22         (5)  Misrepresent that the vehicle being inspected or
23  diagnosed is in a dangerous condition or that the customer's
24  continued use of the vehicle may be harmful or cause great
25  damage to the vehicle;
26         (6)  Fraudulently alter any customer contract,
27  estimate, invoice, or other document;
28         (7)  Fraudulently misuse any customer's credit card;
29         (8)  Make or authorize in any manner or by any means
30  whatever any written or oral statement which is untrue,
31  deceptive or misleading, and which is known, or which by the
                                  26
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 1  exercise of reasonable care should be known, to be untrue,
 2  deceptive or misleading;
 3         (9)  Make false promises of a character likely to
 4  influence, persuade, or induce a customer to authorize the
 5  repair, service, or maintenance of a motor vehicle;
 6         (10)  Substitute used, rebuilt, salvaged, or
 7  straightened parts for new replacement parts without notice to
 8  the motor vehicle owner and to her or his insurer if the cost
 9  of repair is to be paid pursuant to an insurance policy and
10  the identity of the insurer or its claims adjuster is
11  disclosed to the motor vehicle repair shop;
12         (11)  Cause or allow a customer to sign any work order
13  that does not state the repairs requested by the customer or
14  the automobile's odometer reading at the time of repair;
15         (12)  Fail or refuse to give to a customer a copy of
16  any document requiring the customer's signature upon
17  completion or cancellation of the repair work;
18         (13)  Willfully depart from or disregard accepted
19  practices and professional standards;
20         (14)  Have repair work subcontracted without the
21  knowledge or consent of the customer unless the motor vehicle
22  repair shop or employee thereof demonstrates that the customer
23  could not reasonably have been notified;
24         (15)  Conduct the business of motor vehicle repair in a
25  location other than that stated on the registration
26  certificate;
27         (16)  Rebuild or restore a rebuilt vehicle without the
28  knowledge of the owner in such a manner that it does not
29  conform to the original vehicle manufacturer's established
30  repair procedures or specifications and allowable tolerances
31  for the particular model and year; or
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 1         (17)  Perform any other act that is a violation of this
 2  part or that constitutes fraud or misrepresentation.
 3         Section 9.  Effective October 1, 2004, subsections (4)
 4  and (5) of section 559.921, Florida Statutes, are amended to
 5  read:
 6         559.921  Remedies.--
 7         (4)(a)  The department may enter an order imposing one
 8  or more of the penalties set forth in paragraph (b) if the
 9  department finds that a motor vehicle repair shop:
10         1.  Violated or is operating in violation of any of the
11  provisions of this part or of the rules adopted or orders
12  issued thereunder;
13         2.  Made a material false statement in any application,
14  document, or record required to be submitted or retained under
15  this part;
16         3.  Refused or failed, or any of its principal officers
17  have refused or failed, after notice, to produce any document
18  or record or disclose any information required to be produced
19  or disclosed under this part or the rules of the department;
20         4.  Made a material false statement in response to any
21  request or investigation by the department, the Department of
22  Legal Affairs, or the state attorney; or
23         5.  Has intentionally defrauded the public through
24  dishonest or deceptive means.
25         (b)  Upon a finding as set forth in paragraph (a), the
26  department may enter an order doing one or more of the
27  following:
28         1.  Issuing a notice of noncompliance pursuant to s.
29  120.695.
30         2.  Imposing an administrative fine not to exceed
31  $1,000 per violation for each act that which constitutes a
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 1  violation of this part or a rule or order, or not to exceed
 2  $15,000 for each such violation against a senior citizen or
 3  handicapped person as defined in s. 501.2077 which results in
 4  a finding under subparagraph (a)5.
 5         3.  Directing that the motor vehicle repair shop cease
 6  and desist specified activities.
 7         4.  Refusing to register or revoking or suspending a
 8  registration.
 9         5.  Placing the registrant on probation for a period of
10  time, subject to such conditions as the department may
11  specify.
12         (c)  The administrative proceedings which could result
13  in the entry of an order imposing any of the penalties
14  specified in paragraph (b) shall be conducted in accordance
15  with chapter 120.
16         (5)(a)  The department or the state attorney, if a
17  violation of this part occurs in his or her judicial circuit,
18  shall be the enforcing authority for purposes of this part and
19  may bring a civil action in circuit court for temporary or
20  permanent injunctive relief and may seek other appropriate
21  civil relief, including a civil penalty not to exceed $1,000
22  for each violation, or not to exceed $15,000 for each
23  violation against a senior citizen or handicapped person as
24  defined in s. 501.2077 which results in a finding under
25  subparagraph (4)(a)5.; restitution and damages for injured
26  customers;, court costs;, and reasonable attorney's fees.
27         (b)  The enforcing authority may terminate any
28  investigation or action upon agreement by the offender to pay
29  a stipulated civil penalty, to make restitution or pay damages
30  to customers, or to satisfy any other relief authorized herein
31  and requested by the department.
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 1         Section 10.  Effective October 1, 2004, subsections (1)
 2  and (3) of section 559.928, Florida Statutes, are amended to
 3  read:
 4         559.928  Registration.--
 5         (1)  Each seller of travel shall annually register with
 6  the department, providing: its legal business or trade name,
 7  mailing address, and business locations; the full names,
 8  addresses, and telephone numbers, and social security numbers
 9  of its owners or corporate officers and directors and the
10  Florida agent of the corporation; a statement whether it is a
11  domestic or foreign corporation, its state and date of
12  incorporation, its charter number, and, if a foreign
13  corporation, the date it registered with the State of Florida,
14  and occupational license where applicable; the date on which a
15  seller of travel registered its fictitious name if the seller
16  of travel is operating under a fictitious or trade name; the
17  name of all other corporations, business entities, and trade
18  names through which each owner of the seller of travel
19  operated, was known, or did business as a seller of travel
20  within the preceding 5 years; a list of all authorized
21  independent agents, including the agent's trade name, full
22  name, mailing address, business address, telephone numbers,
23  and social security number; the business location and address
24  of each branch office and full name and address of the manager
25  or supervisor; and proof of purchase of adequate bond or
26  establishment of a letter of credit or certificate of deposit
27  as required in this part.  A certificate evidencing proof of
28  registration shall be issued by the department and must be
29  prominently displayed in the seller of travel's primary place
30  of business.
31  
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 1         (3)  Each independent agent shall annually file an
 2  affidavit with the department prior to engaging in business in
 3  this state. This affidavit must include the independent
 4  agent's full name, legal business or trade name, mailing
 5  address, business address, and telephone number, social
 6  security number, and the name or names and addresses of each
 7  seller of travel represented by the independent agent and must
 8  be accompanied by a copy of the independent agent's current
 9  contract with each seller of travel. A letter evidencing proof
10  of filing must be issued by the department and must be
11  prominently displayed in the independent agent's primary place
12  of business.  As used in this subsection, the term
13  "independent agent" means a person who represents a seller of
14  travel by soliciting persons on its behalf; who has a written
15  contract with a seller of travel which is operating in
16  compliance with this part and any rules adopted thereunder;
17  who does not receive a fee, commission, or other valuable
18  consideration directly from the purchaser for the seller of
19  travel; who does not at any time have any unissued ticket
20  stock or travel documents in his or her possession; and who
21  does not have the ability to issue tickets, vacation
22  certificates, or any other travel document.  The term
23  "independent agent" does not include an affiliate of the
24  seller of travel, as that term is used in s. 559.935(3), or
25  the employees of the seller of travel or of such affiliates.
26         Section 11.  Section 559.934, Florida Statutes, is
27  amended to read:
28         559.934  Deceptive and unfair trade practice.--Acts,
29  conduct, practices, omissions, failings, misrepresentations,
30  or nondisclosures that which constitute a violation of this
31  part also constitute a deceptive and unfair trade practice for
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 1  the purpose of ss. 501.201-501.213, the Florida Deceptive and
 2  Unfair Trade Practices Act, s. 501.201 and administrative
 3  rules adopted promulgated thereunder.
 4         Section 12.  Section 570.544, Florida Statutes, as
 5  amended by section 61 of chapter 2003-399, Laws of Florida, is
 6  amended to read:
 7         570.544  Division of Consumer Services; director;
 8  powers; processing of complaints; records.--
 9         (1)  The director of the Division of Consumer Services
10  shall be appointed by and serve at the pleasure of the
11  commissioner.
12         (2)  The Division of Consumer Services may:
13         (a)  Conduct studies and make analyses of matters
14  affecting the interests of consumers.
15         (b)  Study the operation of laws for consumer
16  protection.
17         (c)  Advise and make recommendations to the various
18  state agencies concerned with matters affecting consumers.
19         (d)  Assist, advise, and cooperate with local, state,
20  or federal agencies and officials in order to promote the
21  interests of consumers.
22         (e)  Make use of the testing and laboratory facilities
23  of the department for the detection of consumer fraud.
24         (f)  Report to the appropriate law enforcement officers
25  any information concerning violation of consumer protection
26  laws.
27         (g)  Assist, develop, and conduct programs of consumer
28  education and consumer information through publications and
29  other informational and educational material prepared for
30  dissemination to the public, in order to increase the
31  competence of consumers.
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 1         (h)  Organize and hold conferences on problems
 2  affecting consumers.
 3         (i)  Recommend programs to encourage business and
 4  industry to maintain high standards of honesty, fair business
 5  practices, and public responsibility in the production,
 6  promotion, and sale of consumer goods and services.
 7         (3)  In addition to the powers, duties, and
 8  responsibilities authorized by this or any other chapter, the
 9  Division of Consumer Services shall serve as a clearinghouse
10  for matters relating to consumer protection, consumer
11  information, and consumer services generally.
12         (a)  The division It shall receive complaints and
13  grievances from consumers and promptly transmit them to that
14  agency most directly concerned in order that the complaint or
15  grievance may be expeditiously handled in the best interests
16  of the complaining consumer.
17         (b)  If no agency exists to which the division may
18  transmit a complaint or grievance under paragraph (a), the
19  division of Consumer Services shall seek a settlement of the
20  complaint using formal or informal methods of mediation and
21  conciliation and may seek any other resolution of the matter
22  in accordance with its jurisdiction.
23         (4)  If any complaint received by the Division of
24  Consumer Services concerns matters which involve concurrent
25  jurisdiction in more than one agency, duplicate copies of the
26  complaint shall be referred to those offices deemed to have
27  concurrent jurisdiction.
28         (5)(a)  Any agency, office, bureau, division, or board
29  of state government receiving a complaint which deals with
30  consumer fraud or consumer protection and which is not within
31  the jurisdiction of the receiving agency, office, bureau,
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 1  division, or board originally receiving it, shall immediately
 2  refer the complaint to the Division of Consumer Services.
 3         (b)  Upon receipt of such a complaint, the Division of
 4  Consumer Services shall make a determination of the proper
 5  jurisdiction to which the complaint relates and shall
 6  immediately refer the complaint to the agency, office, bureau,
 7  division, or board which does have the proper regulatory or
 8  enforcement authority to deal with it.
 9         (6)(a)  The office or agency to which a complaint has
10  been referred shall within 30 days acknowledge receipt of the
11  complaint and report on the disposition made of the complaint.
12  In the event a complaint has not been disposed of within 30
13  days, the receiving office or agency shall file progress
14  reports with the Division of Consumer Services no less
15  frequently than 30 days until final disposition.
16         (b)  The report shall contain at least the following
17  information:
18         1.  A finding of whether the receiving agency has
19  jurisdiction of the subject matter involved in the complaint.
20         2.  Whether the complaint is deemed to be frivolous,
21  sham, or without basis in fact or law.
22         3.  What action has been taken and a report on whether
23  the original complainant was satisfied with the final
24  disposition.
25         4.  Any recommendation regarding needed changes in law
26  or procedure which in the opinion of the reporting agency or
27  office will improve consumer protection in the area involved.
28         (7)(a)  If the office or agency receiving a complaint
29  fails to file a report as contemplated in this section, that
30  failure shall be construed as a denial by the receiving office
31  
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 1  or agency that it has jurisdiction of the subject matter
 2  contained in the complaint.
 3         (b)  If an office or agency receiving a complaint
 4  determines that the matter presents a prima facie case for
 5  criminal prosecution or if the complaint cannot be settled at
 6  the administrative level, the complaint together with all
 7  supporting evidence shall be transmitted to the Department of
 8  Legal Affairs or other appropriate enforcement agency with a
 9  recommendation for civil or criminal action warranted by the
10  evidence.
11         (8)  The records of the Division of Consumer Services
12  are public records.  However, customer lists, customer names,
13  and trade secrets are confidential and exempt from the
14  provisions of s. 119.07(1). Disclosure necessary to
15  enforcement procedures shall not be construed as violative of
16  this prohibition.
17         (9)  It shall be the duty of the Division of Consumer
18  Services to maintain records and compile summaries and
19  analyses of consumer complaints and their eventual
20  disposition, which data may serve as a basis for
21  recommendations to the Legislature and to state regulatory
22  agencies. This duty includes, but is not limited to, a duty to
23  make reports and offer recommendations to the Commissioner of
24  Agriculture for submission to the Legislature and to state
25  regulatory agencies concerning changes in laws or
26  administrative rules which the division determines may be
27  necessary or warranted based upon an analysis of complaints
28  reviewed under paragraph (3)(b).
29         Section 13.  Effective October 1, 2004, subsection (7)
30  of section 616.242, Florida Statutes, is amended to read:
31         616.242  Safety standards for amusement rides.--
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 1         (7)  DEPARTMENT INSPECTIONS.--
 2         (a)  In order to obtain an annual permit, an amusement
 3  ride must be inspected by the department in accordance with
 4  subsection (11) and receive an inspection certificate. In
 5  addition, each permanent amusement ride must be inspected
 6  semiannually by the department in accordance with subsection
 7  (11) and receive an inspection certificate and must receive an
 8  inspection certificate when it is relocated;, and each
 9  temporary amusement ride must be inspected by the department
10  in accordance with subsection (11), and must receive an
11  inspection certificate each time the ride is set up or moved
12  to a new location in this state unless the temporary amusement
13  ride is:
14         1.  Used at a private event;
15         2.  A simulator, the capacity of which does not exceed
16  16 persons; or
17         3.  A kiddie ride used at a public event, provided that
18  there are no more than three amusement rides at the event,
19  none of the kiddie rides at the event exceeds a capacity of 12
20  persons, and the ride has an inspection certificate that was
21  issued within the preceding 6 months. The capacity of a kiddie
22  ride shall be determined by rule of the department, unless the
23  capacity of the ride has been determined and specified by the
24  manufacturer. Any owner of a kiddie ride operating under this
25  exemption is responsible for ensuring that no more than three
26  amusement rides are operated at the event.
27         (b)  To obtain a department inspection for an amusement
28  ride, the owner must submit to the department on a form
29  prescribed by rule of the department a written Request for
30  Inspection. The owner must provide the following information
31  to the department:
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 1         1.  The legal name, address, and primary place of
 2  business of the owner, the requested inspection date, the date
 3  of first intended use or planned opening date, and the date of
 4  arrival on site.
 5         2.  A description, manufacturer's name, serial number,
 6  model number, and the United States Amusement Identification
 7  Number, if previously assigned, of the amusement ride.
 8         3.  For a temporary amusement ride, for each time the
 9  amusement ride is set up or moved to a new location, the
10  requested inspection date of first intended use at the new
11  location and the address or a description of the new location.
12         (c)  For permanent amusement rides, the request for
13  inspection must be received by the department at least 15 days
14  before the requested inspection owner's planned opening date
15  or at least 15 days before the expiration of the prior
16  inspection certificate.  If the request for inspection is
17  received less than 15 days before the requested inspection
18  owner's planned opening date or less than 15 days before the
19  expiration of the prior inspection certificate, the department
20  may nevertheless inspect the amusement ride and charge a late
21  fee, as set by rule of the department.
22         (d)  For temporary amusement rides, the request for
23  inspection must be received by the department for each time
24  the amusement ride is set up or moved to a new location at
25  least 14 days before the requested inspection date of first
26  intended use at the new location.  If the request for
27  inspection is received less than 14 days before the requested
28  inspection date of first intended use at the new location, the
29  department may nevertheless inspect the amusement ride and
30  charge a late fee, as set by rule of the department.
31  
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 1         (e)  Inspections will be assigned on a first come,
 2  first served basis, and overflow requests will be scheduled on
 3  the closest date to the date for which the inspection was
 4  requested.
 5         (f)  Upon failure of an amusement ride to pass any
 6  department inspection, the owner may request reinspection
 7  which shall be submitted in writing to the department on a
 8  form prescribed by rule of the department. The department
 9  shall reinspect the amusement ride as soon as practical
10  following receipt of the written request for reinspection and
11  any applicable reinspection fees set by rule of the
12  department. Inspections will be assigned on a first come,
13  first served basis, and the overflow requests will be
14  scheduled on the closest date to the date for which the
15  inspection was requested.
16         (g)  If the amusement ride passes inspection and the
17  owner pays the applicable fee set by rule of the department,
18  the department shall issue an inspection certificate on a form
19  prescribed by rule of the department.
20         (h)  The inspection certificate must contain the date
21  of inspection, the site of the inspection, and the name of the
22  inspector.
23         (i)  The inspection certificate is valid only for the
24  site stated on the inspection certificate. The inspection
25  certificate is valid for a period of not more than 6 months
26  from the date of issuance, and is not transferable.
27         (j)  The inspection certificate must be displayed on
28  the amusement ride at a place readily visible to patrons of
29  the amusement ride.
30         (k)  If the owner fails to timely cancel a Request for
31  Inspection, requests holiday or weekend inspections, or is
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 1  required to have a replacement USAID plate issued by the
 2  department, the owner may be charged an appropriate fee to be
 3  set by rule of the department.
 4         Section 14.  Effective October 1, 2004, section
 5  817.568, Florida Statutes, is amended to read:
 6         817.568  Criminal use of personal identification
 7  information.--
 8         (1)  As used in this section, the term:
 9         (a)  "Access device" means any card, plate, code,
10  account number, electronic serial number, mobile
11  identification number, personal identification number, or
12  other telecommunications service, equipment, or instrument
13  identifier, or other means of account access that can be used,
14  alone or in conjunction with another access device, to obtain
15  money, goods, services, or any other thing of value, or that
16  can be used to initiate a transfer of funds, other than a
17  transfer originated solely by paper instrument.
18         (b)  "Authorization" means empowerment, permission, or
19  competence to act.
20         (c)  "Harass" means to engage in conduct directed at a
21  specific person that is intended to cause substantial
22  emotional distress to such person and serves no legitimate
23  purpose. "Harass" does not mean to use personal identification
24  information for accepted commercial purposes. The term does
25  not include constitutionally protected conduct such as
26  organized protests or the use of personal identification
27  information for accepted commercial purposes.
28         (d)  "Individual" means a single human being, including
29  a deceased individual, and does not mean a firm, association
30  of individuals, corporation, partnership, joint venture, sole
31  proprietorship, or any other entity.
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 1         (e)  "Person" means a "person" as defined in s.
 2  1.01(3).
 3         (f)  "Personal identification information" means any
 4  name or number that may be used, alone or in conjunction with
 5  any other information, to identify a specific individual,
 6  including any:
 7         1.  Name, social security number, date of birth,
 8  official state-issued or United States-issued driver's license
 9  or identification number, alien registration number,
10  government passport number, employer or taxpayer
11  identification number, Medicaid or food stamp account number,
12  or bank account or credit card number;
13         2.  Unique biometric data, such as fingerprint, voice
14  print, retina or iris image, or other unique physical
15  representation;
16         3.  Unique electronic identification number, address,
17  or routing code; or
18         4.  Telecommunication identifying information or access
19  device.
20         (2)(a)  Any person who willfully and without
21  authorization fraudulently uses, or possesses with intent to
22  fraudulently use, personal identification information
23  concerning an individual without first obtaining the that
24  individual's consent of the individual or, if the individual
25  is deceased, the individual's estate, commits the offense of
26  fraudulent use of personal identification information, which
27  is a felony of the third degree, punishable as provided in s.
28  775.082, s. 775.083, or s. 775.084.
29         (b)  Any person who willfully and without authorization
30  fraudulently uses personal identification information
31  concerning an individual without first obtaining the that
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 1  individual's consent of the individual or, if the individual
 2  is deceased, the individual's estate commits a felony of the
 3  second degree, punishable as provided in s. 775.082, s.
 4  775.083, or s. 775.084, if the pecuniary benefit, the value of
 5  the services received, the payment sought to be avoided, or
 6  the amount of the injury or fraud perpetrated is $5,000 or
 7  more or if the person fraudulently uses the personal
 8  identification information of 10 or more individuals without
 9  their consent or, if deceased, the consent of their estates.
10  Notwithstanding any other provision of law, the court shall
11  sentence any person convicted of committing the offense
12  described in this paragraph to a mandatory minimum sentence of
13  3 years' imprisonment.
14         (c)  Any person who willfully and without authorization
15  fraudulently uses personal identification information
16  concerning an individual without first obtaining the that
17  individual's consent of the individual or, if deceased, the
18  individual's estate commits a felony of the first degree,
19  punishable as provided in s. 775.082, s. 775.083, or s.
20  775.084, if the  pecuniary benefit, the value of the services
21  received, the payment sought to be avoided, or the amount of
22  the injury or fraud perpetrated is $50,000 or more or if the
23  person fraudulently uses the personal identification
24  information of 20 or more individuals without their consent
25  or, if deceased, the consent of their estates. Notwithstanding
26  any other provision of law, the court shall sentence any
27  person convicted of committing the offense described in this
28  paragraph:
29         1.  To a mandatory minimum sentence of 5 years'
30  imprisonment.
31  
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 1         2.  To a mandatory minimum sentence of 10 years'
 2  imprisonment, if the pecuniary benefit, the value of the
 3  services received, the payment sought to be avoided, or the
 4  amount of the injury or fraud perpetrated is $100,000 or more
 5  or if the person fraudulently uses the personal identification
 6  information of 30 or more individuals without their consent
 7  or, if deceased, the consent of their estates.
 8         (3)  Neither paragraph (2)(b) nor paragraph (2)(c)
 9  prevents a court from imposing a greater sentence of
10  incarceration as authorized by law. If the minimum mandatory
11  terms of imprisonment imposed under paragraph (2)(b) or
12  paragraph (2)(c) exceed the maximum sentences authorized under
13  s. 775.082, s. 775.084, or the Criminal Punishment Code under
14  chapter 921, the mandatory minimum sentence must be imposed.
15  If the mandatory minimum terms of imprisonment under paragraph
16  (2)(b) or paragraph (2)(c) are less than the sentence that
17  could be imposed under s. 775.082, s. 775.084, or the Criminal
18  Punishment Code under chapter 921, the sentence imposed by the
19  court must include the mandatory minimum term of imprisonment
20  as required by paragraph (2)(b) or paragraph (2)(c).
21         (4)  Any person who willfully and without authorization
22  possesses, uses, or attempts to use personal identification
23  information concerning an individual without first obtaining
24  that individual's consent, and who does so for the purpose of
25  harassing that individual, commits the offense of harassment
26  by use of personal identification information, which is a
27  misdemeanor of the first degree, punishable as provided in s.
28  775.082 or s. 775.083.
29         (5)  If an offense prohibited under this section was
30  facilitated or furthered by the use of a public record, as
31  
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 1  defined in s. 119.011, the offense is reclassified to the next
 2  higher degree as follows:
 3         (a)  A misdemeanor of the first degree is reclassified
 4  as a felony of the third degree.
 5         (b)  A felony of the third degree is reclassified as a
 6  felony of the second degree.
 7         (c)  A felony of the second degree is reclassified as a
 8  felony of the first degree.
 9  
10  For purposes of sentencing under chapter 921 and incentive
11  gain-time eligibility under chapter 944, a felony offense that
12  is reclassified under this subsection is ranked one level
13  above the ranking under s. 921.0022 of the felony offense
14  committed, and a misdemeanor offense that is reclassified
15  under this subsection is ranked in level 2 of the offense
16  severity ranking chart in s. 921.0022.
17         (6)  Any person who willfully and without authorization
18  fraudulently uses personal identification information
19  concerning an individual who is less than 18 years of age
20  without first obtaining the consent of that individual or of
21  his or her legal guardian commits a felony of the second
22  degree, punishable as provided in s. 775.082, s. 775.083, or
23  s. 775.084.
24         (7)  Any person who is in the relationship of parent or
25  legal guardian, or who otherwise exercises custodial authority
26  over an individual who is less than 18 years of age, who
27  willfully and fraudulently uses personal identification
28  information of that individual commits a felony of the second
29  degree, punishable as provided in s. 775.082, s. 775.083, or
30  s. 775.084.
31  
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 1         (8)  This section does not prohibit any lawfully
 2  authorized investigative, protective, or intelligence activity
 3  of a law enforcement agency of this state or any of its
 4  political subdivisions, of any other state or its political
 5  subdivisions, or of the Federal Government or its political
 6  subdivisions.
 7         (9)(a)  In sentencing a defendant convicted of an
 8  offense under this section, the court may order that the
 9  defendant make restitution pursuant to s. 775.089 to any
10  victim of the offense.  In addition to the victim's
11  out-of-pocket costs, such restitution may include payment of
12  any other costs, including attorney's fees incurred by the
13  victim in clearing the victim's credit history or credit
14  rating, or any costs incurred in connection with any civil or
15  administrative proceeding to satisfy any debt, lien, or other
16  obligation of the victim arising as the result of the actions
17  of the defendant. For the purposes of this paragraph, the term
18  "victim" may include the estate of an individual.
19         (b)  The sentencing court may issue such orders as are
20  necessary to correct any public record that contains false
21  information given in violation of this section.
22         (10)  Prosecutions for violations of this section may
23  be brought on behalf of the state by any state attorney or by
24  the statewide prosecutor.
25         (11)  The Legislature finds that, in the absence of
26  evidence to the contrary, the location where a victim gives or
27  fails to give consent to the use of personal identification
28  information is the county where the victim generally resides
29  or, in a case in which the victim is the estate of a deceased
30  individual, where the deceased individual generally resided.
31  
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 1         (12)  Notwithstanding any other provision of law, venue
 2  for the prosecution and trial of violations of this section
 3  may be commenced and maintained in any county in which an
 4  element of the offense occurred, including the county where
 5  the victim generally resides or, in a case in which the victim
 6  is the estate of a deceased individual, where the deceased
 7  individual generally resided.
 8         (13)  A prosecution of an offense prohibited under
 9  subsection (2), subsection (6), or subsection (7) must be
10  commenced within 3 years after the offense occurred. However,
11  a prosecution may be commenced within 1 year after discovery
12  of the offense by an aggrieved party, or by a person who has a
13  legal duty to represent the aggrieved party and who is not a
14  party to the offense, if such prosecution is commenced within
15  5 years after the violation occurred.
16         Section 15.  Effective October 1, 2004, subsections
17  (1), (3), (4), and (5) of section 849.094, Florida Statutes,
18  are amended to read:
19         849.094  Game promotion in connection with sale of
20  consumer products or services.--
21         (1)  As used in this section, the term:
22         (a)  "Game promotion" means, but is not limited to, a
23  contest, game of chance, or gift enterprise, conducted within
24  or throughout the state and other states in connection with
25  the sale of consumer products or services, and in which the
26  elements of chance and prize are present. However, "game
27  promotion" shall not be construed to apply to bingo games
28  conducted pursuant to s. 849.0931.
29         (b)  "Operator" means any person, firm, corporation, or
30  association on whose behalf a game promotion is conducted or
31  agent or employee thereof who promotes, operates, or conducts
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 1  a game promotion, except any charitable nonprofit
 2  organization.
 3         (3)  The operator of a game promotion in which the
 4  total announced value of the prizes offered is greater than
 5  $5,000 shall file with the Department of Agriculture and
 6  Consumer Services a copy of the rules and regulations of the
 7  game promotion and a list of all prizes and prize categories
 8  offered at least 7 calendar days, excluding weekends and legal
 9  holidays, before the commencement of the game promotion.  Such
10  rules and regulations may not thereafter be changed, modified,
11  or altered.  The operator of a game promotion shall
12  conspicuously post the rules and regulations of such game
13  promotion in each and every retail outlet or place where such
14  game promotion may be played or participated in by the public
15  and shall also publish the rules and regulations in all
16  advertising copy used in connection therewith.  Radio and
17  television announcements may indicate that the rules and
18  regulations are available at retail outlets or from the
19  operator of the promotion. A nonrefundable filing fee of $150
20  $100 shall accompany each filing and shall be used to pay the
21  costs incurred in administering and enforcing the provisions
22  of this section.
23         (4)(a)  Every operator of such a game promotion in
24  which the total announced value of the prizes offered is
25  greater than $5,000 shall establish a trust account, in a
26  national or state-chartered financial institution, with a
27  balance sufficient to pay or purchase the total value of all
28  prizes offered. On a form supplied by the Department of
29  Agriculture and Consumer Services, an official of the
30  financial institution holding the trust account shall set
31  forth the dollar amount of the trust account, the identity of
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 1  the entity or individual establishing the trust account, and
 2  the name of the game promotion for which the trust account has
 3  been established.  Such form shall be filed with the
 4  Department of Agriculture and Consumer Services at least 7
 5  calendar days, excluding weekends and legal holidays, in
 6  advance of the commencement of the game promotion.  In lieu of
 7  establishing such trust account, the operator may obtain a
 8  surety bond in an amount equivalent to the total value of all
 9  prizes offered; and such bond shall be filed with the
10  Department of Agriculture and Consumer Services at least 7
11  calendar days, excluding weekends and legal holidays, in
12  advance of the commencement of the game promotion.
13         1.  The moneys held in the trust account may be
14  withdrawn in order to pay the prizes offered only upon
15  certification to the Department of Agriculture and Consumer
16  Services of the name of the winner or winners and the amount
17  of the prize or prizes and the value thereof.
18         2.  If the operator of a game promotion has obtained a
19  surety bond in lieu of establishing a trust account, the
20  amount of the surety bond shall equal at all times the total
21  amount of the prizes offered.
22         (b)  The Department of Agriculture and Consumer
23  Services may waive the provisions of this subsection for any
24  operator who has conducted game promotions in the state for
25  not less than 5 consecutive years and who has not had any
26  civil, criminal, or administrative action instituted against
27  him or her by the state or an agency of the state for
28  violation of this section within that 5-year period. Such
29  waiver may be revoked upon the commission of a violation of
30  this section by such operator, as determined by the Department
31  of Agriculture and Consumer Services.
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 1         (5)  Every operator of a game promotion in which the
 2  total announced value of the prizes offered is greater than
 3  $5,000 shall provide the Department of Agriculture and
 4  Consumer Services with a certified list of the names and
 5  addresses of all persons, whether from this state or from
 6  another state, who have won prizes which have a value of more
 7  than $100 $25, the value of such prizes, and the dates when
 8  the prizes were won within 60 calendar days after such winners
 9  have been finally determined. If there is not a winner, the
10  operator shall provide written notice to the department within
11  60 calendar days after such determination has been made. The
12  operator shall provide a copy of the list of winners, without
13  charge, to any person who requests it.  In lieu of the
14  foregoing, the operator of a game promotion may, at his or her
15  option, publish the same information about the winners in a
16  Florida newspaper of general circulation within 60 calendar
17  days after such winners have been determined and shall provide
18  to the Department of Agriculture and Consumer Services a
19  certified copy of the publication containing the information
20  about the winners.  The operator of a game promotion is not
21  required to notify a winner by mail or by telephone when the
22  winner is already in possession of a game card from which the
23  winner can determine that he or she has won a designated
24  prize.  All winning entries shall be held by the operator for
25  a period of 90 calendar days after the close or completion of
26  the game.
27         Section 16.  Effective October 1, 2004, for the purpose
28  of incorporating the amendment made by this act to section
29  817.568, Florida Statutes, in references thereto, paragraphs
30  (d), (e), (h), and (i) of subsection (3) of section 921.0022,
31  Florida Statutes, are reenacted to read:
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 1         921.0022  Criminal Punishment Code; offense severity
 2  ranking chart.--
 3         (3)  OFFENSE SEVERITY RANKING CHART
 4  
 5  Florida           Felony
 6  Statute           Degree             Description
 7  
 8    
 9                              (d)  LEVEL 4
10  316.1935(3)        2nd      Driving at high speed or with
11                              wanton disregard for safety while
12                              fleeing or attempting to elude
13                              law enforcement officer who is in
14                              a marked patrol vehicle with
15                              siren and lights activated.
16  499.0051(1)        3rd      Failure to maintain or deliver
17                              pedigree papers.
18  499.0051(2)        3rd      Failure to authenticate pedigree
19                              papers.
20  499.0051(6)        2nd      Sale or delivery, or possession
21                              with intent to sell, contraband
22                              legend drugs.
23  784.07(2)(b)       3rd      Battery of law enforcement
24                              officer, firefighter, intake
25                              officer, etc.
26  784.074(1)(c)      3rd      Battery of sexually violent
27                              predators facility staff.
28  784.075            3rd      Battery on detention or
29                              commitment facility staff.
30  
31  
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 1  784.078            3rd      Battery of facility employee by
 2                              throwing, tossing, or expelling
 3                              certain fluids or materials.
 4  784.08(2)(c)       3rd      Battery on a person 65 years of
 5                              age or older.
 6  784.081(3)         3rd      Battery on specified official or
 7                              employee.
 8  784.082(3)         3rd      Battery by detained person on
 9                              visitor or other detainee.
10  784.083(3)         3rd      Battery on code inspector.
11  784.085            3rd      Battery of child by throwing,
12                              tossing, projecting, or expelling
13                              certain fluids or materials.
14  787.03(1)          3rd      Interference with custody;
15                              wrongly takes child from
16                              appointed guardian.
17  787.04(2)          3rd      Take, entice, or remove child
18                              beyond state limits with criminal
19                              intent pending custody
20                              proceedings.
21  787.04(3)          3rd      Carrying child beyond state lines
22                              with criminal intent to avoid
23                              producing child at custody
24                              hearing or delivering to
25                              designated person.
26  790.115(1)         3rd      Exhibiting firearm or weapon
27                              within 1,000 feet of a school.
28  790.115(2)(b)      3rd      Possessing electric weapon or
29                              device, destructive device, or
30                              other weapon on school property.
31  
                                  50
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  790.115(2)(c)      3rd      Possessing firearm on school
 2                              property.
 3  800.04(7)(d)       3rd      Lewd or lascivious exhibition;
 4                              offender less than 18 years.
 5  810.02(4)(a)       3rd      Burglary, or attempted burglary,
 6                              of an unoccupied structure;
 7                              unarmed; no assault or battery.
 8  810.02(4)(b)       3rd      Burglary, or attempted burglary,
 9                              of an unoccupied conveyance;
10                              unarmed; no assault or battery.
11  810.06             3rd      Burglary; possession of tools.
12  810.08(2)(c)       3rd      Trespass on property, armed with
13                              firearm or dangerous weapon.
14  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000
15                              or more but less than $20,000.
16  812.014
17   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,
18                              firearm, motor vehicle,
19                              livestock, etc.
20  812.0195(2)        3rd      Dealing in stolen property by use
21                              of the Internet; property stolen
22                              $300 or more.
23  817.563(1)         3rd      Sell or deliver substance other
24                              than controlled substance agreed
25                              upon, excluding s. 893.03(5)
26                              drugs.
27  817.568(2)(a)      3rd      Fraudulent use of personal
28                              identification information.
29  817.625(2)(a)      3rd      Fraudulent use of scanning device
30                              or reencoder.
31  
                                  51
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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  828.125(1)         2nd      Kill, maim, or cause great bodily
 2                              harm or permanent breeding
 3                              disability to any registered
 4                              horse or cattle.
 5  837.02(1)          3rd      Perjury in official proceedings.
 6  837.021(1)         3rd      Make contradictory statements in
 7                              official proceedings.
 8  838.022            3rd      Official misconduct.
 9  839.13(2)(a)       3rd      Falsifying records of an
10                              individual in the care and
11                              custody of a state agency.
12  839.13(2)(c)       3rd      Falsifying records of the
13                              Department of Children and Family
14                              Services.
15  843.021            3rd      Possession of a concealed
16                              handcuff key by a person in
17                              custody.
18  843.025            3rd      Deprive law enforcement,
19                              correctional, or correctional
20                              probation officer of means of
21                              protection or communication.
22  843.15(1)(a)       3rd      Failure to appear while on bail
23                              for felony (bond estreature or
24                              bond jumping).
25  874.05(1)          3rd      Encouraging or recruiting another
26                              to join a criminal street gang.
27  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.
28                              893.03(1)(a), (b), or (d),
29                              (2)(a), (2)(b), or (2)(c)4.
30                              drugs).
31  914.14(2)          3rd      Witnesses accepting bribes.
                                  52
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  914.22(1)          3rd      Force, threaten, etc., witness,
 2                              victim, or informant.
 3  914.23(2)          3rd      Retaliation against a witness,
 4                              victim, or informant, no bodily
 5                              injury.
 6  918.12             3rd      Tampering with jurors.
 7  934.215            3rd      Use of two-way communications
 8                              device to facilitate commission
 9                              of a crime.
10                              (e)  LEVEL 5
11  316.027(1)(a)      3rd      Accidents involving personal
12                              injuries, failure to stop;
13                              leaving scene.
14  316.1935(4)        2nd      Aggravated fleeing or eluding.
15  322.34(6)          3rd      Careless operation of motor
16                              vehicle with suspended license,
17                              resulting in death or serious
18                              bodily injury.
19  327.30(5)          3rd      Vessel accidents involving
20                              personal injury; leaving scene.
21  381.0041
22   (11)(b)           3rd      Donate blood, plasma, or organs
23                              knowing HIV positive.
24  440.10(1)(g)       2nd      Failure to obtain workers'
25                              compensation coverage.
26  440.105(5)         2nd      Unlawful solicitation for the
27                              purpose of making workers'
28                              compensation claims.
29  
30  
31  
                                  53
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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  440.381(2)         2nd      Submission of false, misleading,
 2                              or incomplete information with
 3                              the purpose of avoiding or
 4                              reducing workers' compensation
 5                              premiums.
 6  624.401(4)(b)2.    2nd      Transacting insurance without a
 7                              certificate or authority; premium
 8                              collected $20,000 or more but
 9                              less than $100,000.
10  626.902(1)(c)      2nd      Representing an unauthorized
11                              insurer; repeat offender.
12  790.01(2)          3rd      Carrying a concealed firearm.
13  790.162            2nd      Threat to throw or discharge
14                              destructive device.
15  790.163(1)         2nd      False report of deadly explosive
16                              or weapon of mass destruction.
17  790.221(1)         2nd      Possession of short-barreled
18                              shotgun or machine gun.
19  790.23             2nd      Felons in possession of firearms
20                              or electronic weapons or devices.
21  800.04(6)(c)       3rd      Lewd or lascivious conduct;
22                              offender less than 18 years.
23  800.04(7)(c)       2nd      Lewd or lascivious exhibition;
24                              offender 18 years or older.
25  806.111(1)         3rd      Possess, manufacture, or dispense
26                              fire bomb with intent to damage
27                              any structure or property.
28  812.0145(2)(b)     2nd      Theft from person 65 years of age
29                              or older; $10,000 or more but
30                              less than $50,000.
31  
                                  54
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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  812.015(8)         3rd      Retail theft; property stolen is
 2                              valued at $300 or more and one or
 3                              more specified acts.
 4  812.019(1)         2nd      Stolen property; dealing in or
 5                              trafficking in.
 6  812.131(2)(b)      3rd      Robbery by sudden snatching.
 7  812.16(2)          3rd      Owning, operating, or conducting
 8                              a chop shop.
 9  817.034(4)(a)2.    2nd      Communications fraud, value
10                              $20,000 to $50,000.
11  817.234(11)(b)     2nd      Insurance fraud; property value
12                              $20,000 or more but less than
13                              $100,000.
14  817.2341(1),
15   (2)(a)&(3)(a)     3rd      Filing false financial
16                              statements, making false entries
17                              of material fact or false
18                              statements regarding property
19                              values relating to the solvency
20                              of an insuring entity.
21  817.568(2)(b)      2nd      Fraudulent use of personal
22                              identification information; value
23                              of benefit, services received,
24                              payment avoided, or amount of
25                              injury or fraud, $5,000 or more
26                              or use of personal identification
27                              information of 10 or more
28                              individuals.
29  817.625(2)(b)      2nd      Second or subsequent fraudulent
30                              use of scanning device or
31                              reencoder.
                                  55
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  825.1025(4)        3rd      Lewd or lascivious exhibition in
 2                              the presence of an elderly person
 3                              or disabled adult.
 4  827.071(4)         2nd      Possess with intent to promote
 5                              any photographic material, motion
 6                              picture, etc., which includes
 7                              sexual conduct by a child.
 8  839.13(2)(b)       2nd      Falsifying records of an
 9                              individual in the care and
10                              custody of a state agency
11                              involving great bodily harm or
12                              death.
13  843.01             3rd      Resist officer with violence to
14                              person; resist arrest with
15                              violence.
16  874.05(2)          2nd      Encouraging or recruiting another
17                              to join a criminal street gang;
18                              second or subsequent offense.
19  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver
20                              cocaine (or other s.
21                              893.03(1)(a), (1)(b), (1)(d),
22                              (2)(a), (2)(b), or (2)(c)4.
23                              drugs).
24  
25  
26  
27  
28  
29  
30  
31  
                                  56
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver
 2                              cannabis (or other s.
 3                              893.03(1)(c), (2)(c)1., (2)(c)2.,
 4                              (2)(c)3., (2)(c)5., (2)(c)6.,
 5                              (2)(c)7., (2)(c)8., (2)(c)9.,
 6                              (3), or (4) drugs) within 1,000
 7                              feet of a child care facility,
 8                              school, or state, county, or
 9                              municipal park or publicly owned
10                              recreational facility or
11                              community center.
12  893.13(1)(d)1.     1st      Sell, manufacture, or deliver
13                              cocaine (or other s.
14                              893.03(1)(a), (1)(b), (1)(d),
15                              (2)(a), (2)(b), or (2)(c)4.
16                              drugs) within 1,000 feet of
17                              university.
18  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver
19                              cannabis or other drug prohibited
20                              under s. 893.03(1)(c), (2)(c)1.,
21                              (2)(c)2., (2)(c)3., (2)(c)5.,
22                              (2)(c)6., (2)(c)7., (2)(c)8.,
23                              (2)(c)9., (3), or (4) within
24                              1,000 feet of property used for
25                              religious services or a specified
26                              business site.
27  
28  
29  
30  
31  
                                  57
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  893.13(1)(f)1.     1st      Sell, manufacture, or deliver
 2                              cocaine (or other s.
 3                              893.03(1)(a), (1)(b), (1)(d), or
 4                              (2)(a), (2)(b), or (2)(c)4.
 5                              drugs) within 1,000 feet of
 6                              public housing facility.
 7  893.13(4)(b)       2nd      Deliver to minor cannabis (or
 8                              other s. 893.03(1)(c), (2)(c)1.,
 9                              (2)(c)2., (2)(c)3., (2)(c)5.,
10                              (2)(c)6., (2)(c)7., (2)(c)8.,
11                              (2)(c)9., (3), or (4) drugs).
12                              (h)  LEVEL 8
13  316.193
14   (3)(c)3.a.        2nd      DUI manslaughter.
15  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.
16  499.0051(7)        1st      Forgery of prescription or legend
17                              drug labels.
18  499.0052           1st      Trafficking in contraband legend
19                              drugs.
20  560.123(8)(b)2.    2nd      Failure to report currency or
21                              payment instruments totaling or
22                              exceeding $20,000, but less than
23                              $100,000 by money transmitter.
24  560.125(5)(b)      2nd      Money transmitter business by
25                              unauthorized person, currency or
26                              payment instruments totaling or
27                              exceeding $20,000, but less than
28                              $100,000.
29  
30  
31  
                                  58
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  655.50(10)(b)2.    2nd      Failure to report financial
 2                              transactions totaling or
 3                              exceeding $20,000, but less than
 4                              $100,000 by financial
 5                              institutions.
 6  777.03(2)(a)       1st      Accessory after the fact, capital
 7                              felony.
 8  782.04(4)          2nd      Killing of human without design
 9                              when engaged in act or attempt of
10                              any felony other than arson,
11                              sexual battery, robbery,
12                              burglary, kidnapping, aircraft
13                              piracy, or unlawfully discharging
14                              bomb.
15  782.051(2)         1st      Attempted felony murder while
16                              perpetrating or attempting to
17                              perpetrate a felony not
18                              enumerated in s. 782.04(3).
19  782.071(1)(b)      1st      Committing vehicular homicide and
20                              failing to render aid or give
21                              information.
22  782.072(2)         1st      Committing vessel homicide and
23                              failing to render aid or give
24                              information.
25  790.161(3)         1st      Discharging a destructive device
26                              which results in bodily harm or
27                              property damage.
28  794.011(5)         2nd      Sexual battery, victim 12 years
29                              or over, offender does not use
30                              physical force likely to cause
31                              serious injury.
                                  59
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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  800.04(4)          2nd      Lewd or lascivious battery.
 2  806.01(1)          1st      Maliciously damage dwelling or
 3                              structure by fire or explosive,
 4                              believing person in structure.
 5  810.02(2)(a)       1st,PBL  Burglary with assault or battery.
 6  810.02(2)(b)       1st,PBL  Burglary; armed with explosives
 7                              or dangerous weapon.
 8  810.02(2)(c)       1st      Burglary of a dwelling or
 9                              structure causing structural
10                              damage or $1,000 or more property
11                              damage.
12  812.13(2)(b)       1st      Robbery with a weapon.
13  812.135(2)         1st      Home-invasion robbery.
14  817.568(6)         2nd      Fraudulent use of personal
15                              identification information of an
16                              individual under the age of 18.
17  825.102(2)         2nd      Aggravated abuse of an elderly
18                              person or disabled adult.
19  825.1025(2)        2nd      Lewd or lascivious battery upon
20                              an elderly person or disabled
21                              adult.
22  825.103(2)(a)      1st      Exploiting an elderly person or
23                              disabled adult and property is
24                              valued at $100,000 or more.
25  837.02(2)          2nd      Perjury in official proceedings
26                              relating to prosecution of a
27                              capital felony.
28  837.021(2)         2nd      Making contradictory statements
29                              in official proceedings relating
30                              to prosecution of a capital
31                              felony.
                                  60
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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  860.121(2)(c)      1st      Shooting at or throwing any
 2                              object in path of railroad
 3                              vehicle resulting in great bodily
 4                              harm.
 5  860.16             1st      Aircraft piracy.
 6  893.13(1)(b)       1st      Sell or deliver in excess of 10
 7                              grams of any substance specified
 8                              in s. 893.03(1)(a) or (b).
 9  893.13(2)(b)       1st      Purchase in excess of 10 grams of
10                              any substance specified in s.
11                              893.03(1)(a) or (b).
12  893.13(6)(c)       1st      Possess in excess of 10 grams of
13                              any substance specified in s.
14                              893.03(1)(a) or (b).
15  893.135(1)(a)2.    1st      Trafficking in cannabis, more
16                              than 2,000 lbs., less than 10,000
17                              lbs.
18  893.135
19   (1)(b)1.b.        1st      Trafficking in cocaine, more than
20                              200 grams, less than 400 grams.
21  893.135
22   (1)(c)1.b.        1st      Trafficking in illegal drugs,
23                              more than 14 grams, less than 28
24                              grams.
25  893.135
26   (1)(d)1.b.        1st      Trafficking in phencyclidine,
27                              more than 200 grams, less than
28                              400 grams.
29  
30  
31  
                                  61
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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  893.135
 2   (1)(e)1.b.        1st      Trafficking in methaqualone, more
 3                              than 5 kilograms, less than 25
 4                              kilograms.
 5  893.135
 6   (1)(f)1.b.        1st      Trafficking in amphetamine, more
 7                              than 28 grams, less than 200
 8                              grams.
 9  893.135
10   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14
11                              grams or more, less than 28
12                              grams.
13  893.135
14   (1)(h)1.b.        1st      Trafficking in
15                              gamma-hydroxybutyric acid (GHB),
16                              5 kilograms or more, less than 10
17                              kilograms.
18  893.135
19   (1)(j)1.b.        1st      Trafficking in 1,4-Butanediol, 5
20                              kilograms or more, less than 10
21                              kilograms.
22  893.135
23   (1)(k)2.b.        1st      Trafficking in Phenethylamines,
24                              200 grams or more, less than 400
25                              grams.
26  895.03(1)          1st      Use or invest proceeds derived
27                              from pattern of racketeering
28                              activity.
29  
30  
31  
                                  62
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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  895.03(2)          1st      Acquire or maintain through
 2                              racketeering activity any
 3                              interest in or control of any
 4                              enterprise or real property.
 5  895.03(3)          1st      Conduct or participate in any
 6                              enterprise through pattern of
 7                              racketeering activity.
 8  896.101(5)(b)      2nd      Money laundering, financial
 9                              transactions totaling or
10                              exceeding $20,000, but less than
11                              $100,000.
12  896.104(4)(a)2.    2nd      Structuring transactions to evade
13                              reporting or registration
14                              requirements, financial
15                              transactions totaling or
16                              exceeding $20,000 but less than
17                              $100,000.
18                              (i)  LEVEL 9
19  316.193
20   (3)(c)3.b.        1st      DUI manslaughter; failing to
21                              render aid or give information.
22  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to
23                              render aid or give information.
24  499.0053           1st      Sale or purchase of contraband
25                              legend drugs resulting in great
26                              bodily harm.
27  560.123(8)(b)3.    1st      Failure to report currency or
28                              payment instruments totaling or
29                              exceeding $100,000 by money
30                              transmitter.
31  
                                  63
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  560.125(5)(c)      1st      Money transmitter business by
 2                              unauthorized person, currency, or
 3                              payment instruments totaling or
 4                              exceeding $100,000.
 5  655.50(10)(b)3.    1st      Failure to report financial
 6                              transactions totaling or
 7                              exceeding $100,000 by financial
 8                              institution.
 9  775.0844           1st      Aggravated white collar crime.
10  782.04(1)          1st      Attempt, conspire, or solicit to
11                              commit premeditated murder.
12  782.04(3)          1st,PBL   Accomplice to murder in
13                              connection with arson, sexual
14                              battery, robbery, burglary, and
15                              other specified felonies.
16  782.051(1)         1st      Attempted felony murder while
17                              perpetrating or attempting to
18                              perpetrate a felony enumerated in
19                              s. 782.04(3).
20  782.07(2)          1st      Aggravated manslaughter of an
21                              elderly person or disabled adult.
22  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or
23                              reward or as a shield or hostage.
24  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit
25                              or facilitate commission of any
26                              felony.
27  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to
28                              interfere with performance of any
29                              governmental or political
30                              function.
31  
                                  64
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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  787.02(3)(a)       1st      False imprisonment; child under
 2                              age 13; perpetrator also commits
 3                              aggravated child abuse, sexual
 4                              battery, or lewd or lascivious
 5                              battery, molestation, conduct, or
 6                              exhibition.
 7  790.161            1st      Attempted capital destructive
 8                              device offense.
 9  790.166(2)         1st,PBL  Possessing, selling, using, or
10                              attempting to use a weapon of
11                              mass destruction.
12  794.011(2)         1st      Attempted sexual battery; victim
13                              less than 12 years of age.
14  794.011(2)         Life     Sexual battery; offender younger
15                              than 18 years and commits sexual
16                              battery on a person less than 12
17                              years.
18  794.011(4)         1st      Sexual battery; victim 12 years
19                              or older, certain circumstances.
20  794.011(8)(b)      1st      Sexual battery; engage in sexual
21                              conduct with minor 12 to 18 years
22                              by person in familial or
23                              custodial authority.
24  800.04(5)(b)       1st      Lewd or lascivious molestation;
25                              victim less than 12 years;
26                              offender 18 years or older.
27  812.13(2)(a)       1st,PBL  Robbery with firearm or other
28                              deadly weapon.
29  812.133(2)(a)      1st,PBL  Carjacking; firearm or other
30                              deadly weapon.
31  
                                  65
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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  817.568(7)         2nd,PBL  Fraudulent use of personal
 2                              identification information of an
 3                              individual under the age of 18 by
 4                              his or her parent, legal
 5                              guardian, or person exercising
 6                              custodial authority.
 7  827.03(2)          1st      Aggravated child abuse.
 8  847.0145(1)        1st      Selling, or otherwise
 9                              transferring custody or control,
10                              of a minor.
11  847.0145(2)        1st      Purchasing, or otherwise
12                              obtaining custody or control, of
13                              a minor.
14  859.01             1st      Poisoning or introducing
15                              bacteria, radioactive materials,
16                              viruses, or chemical compounds
17                              into food, drink, medicine, or
18                              water with intent to kill or
19                              injure another person.
20  893.135            1st      Attempted capital trafficking
21                              offense.
22  893.135(1)(a)3.    1st      Trafficking in cannabis, more
23                              than 10,000 lbs.
24  893.135
25   (1)(b)1.c.        1st      Trafficking in cocaine, more than
26                              400 grams, less than 150
27                              kilograms.
28  893.135
29   (1)(c)1.c.        1st      Trafficking in illegal drugs,
30                              more than 28 grams, less than 30
31                              kilograms.
                                  66
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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04
 1  893.135
 2   (1)(d)1.c.        1st      Trafficking in phencyclidine,
 3                              more than 400 grams.
 4  893.135
 5   (1)(e)1.c.        1st      Trafficking in methaqualone, more
 6                              than 25 kilograms.
 7  893.135
 8   (1)(f)1.c.        1st      Trafficking in amphetamine, more
 9                              than 200 grams.
10  893.135
11   (1)(h)1.c.        1st      Trafficking in
12                              gamma-hydroxybutyric acid (GHB),
13                              10 kilograms or more.
14  893.135
15   (1)(j)1.c.        1st      Trafficking in 1,4-Butanediol, 10
16                              kilograms or more.
17  893.135
18   (1)(k)2.c.        1st      Trafficking in Phenethylamines,
19                              400 grams or more.
20  896.101(5)(c)      1st      Money laundering, financial
21                              instruments totaling or exceeding
22                              $100,000.
23  896.104(4)(a)3.    1st      Structuring transactions to evade
24                              reporting or registration
25                              requirements, financial
26                              transactions totaling or
27                              exceeding $100,000.
28         Section 17.  Health-related discount cards; regulation
29  of sellers; penalty.--
30         (1)  A person may not sell, market, promote, advertise,
31  or distribute a card or other purchasing mechanism or device
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 1  that is not insurance and that purports to offer discounts or
 2  access to discounts from a health care provider for
 3  health-related purchases or from a pharmacy for purchases of
 4  prescription drugs, unless:
 5         (a)  The person registers annually with the Department
 6  of Financial Services for this express purpose;
 7         (b)  The card or other purchasing mechanism or device
 8  expressly states in bold and prominent type, prominently
 9  placed, that the discounts are not insurance;
10         (c)  The person provides documentation to the
11  Department of Financial Services that the discounts are
12  specifically authorized and the person has a separate contract
13  with each health care provider, health provider network,
14  pharmacy, or pharmacy chain listed in conjunction with the
15  card or other purchasing mechanism or device; and
16         (d)  The discounts or access to discounts offered, or
17  the range of discounts or access to the range of discounts
18  offered, are not misleading, deceptive, or fraudulent.
19  
20  The registration fee under paragraph (a) is $50 per year per
21  registrant. All amounts collected shall be deposited in the
22  General Revenue Fund.
23         (2)(a)  A person who sells, markets, promotes,
24  advertises, or distributes a card or other purchasing
25  mechanism or device that is not insurance and that purports to
26  offer discounts or access to discounts from a health care
27  provider for health-related purchases or from a pharmacy for
28  purchases of prescription drugs in this state must designate a
29  resident of this state as an agent for service of process and
30  register the agent with the Secretary of State.
31  
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 1         (b)  In the absence of proper registration under
 2  paragraph (a), the Secretary of State is designated as an
 3  agent upon whom process may be served. Service of process on
 4  the Secretary of State may be made by delivering to and
 5  leaving with the Secretary of State, or with any person
 6  designated by him or her to receive such service, duplicate
 7  copies of the process, notice, or demand. The Secretary of
 8  State shall forward one of the copies by registered or
 9  certified mail, return receipt requested, to the person
10  required to register under paragraph (a) at the last physical
11  address known to the party serving process. Refusal to sign
12  the return receipt does not affect the validity of the
13  service. Service is effective under this subsection as of the
14  date shown on the return receipt or 5 days after its deposit
15  in the mail, whichever is earlier. The Secretary of State may
16  charge a fee of $10 for the service. This subsection does not
17  affect the right to serve process in any manner otherwise
18  provided by law.
19         (3)  Except as provided in subsection (4), a person who
20  violates this section commits a misdemeanor of the first
21  degree, punishable as provided in section 775.082 or section
22  775.083, Florida Statutes.
23         (4)  A person who violates this section and who has
24  been previously convicted of or adjudicated delinquent for any
25  violation of this section two or more times commits a felony
26  of the third degree, punishable as provided in section
27  775.082, section 775.083, or section 775.084, Florida
28  Statutes.
29         (5)  Notwithstanding subsection (3) or subsection (4),
30  a person who violates this section is subject to all remedies
31  available by law.
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 1         (6)  The Department of Financial Services may adopt
 2  rules to administer this section, including rules governing
 3  the procedures and forms to register with the department and
 4  provide the documentation required under subsection (1).
 5         (7)  This section is effective October 1, 2004.
 6         Section 18.  For the 2004-2005 fiscal year, the sum of
 7  $100,000 is appropriated from the General Inspection Trust
 8  Fund to the Department of Agriculture and Consumer Services
 9  for the purpose of providing financial assistance for
10  individuals to undertake technical training or courses of
11  study in motor vehicle repair as provided in section 559.922,
12  Florida Statutes.
13         Section 19.  For the 2004-2005 fiscal year, the sum of
14  $100,000 is appropriated from the General Revenue Fund to the
15  Department of Agriculture and Consumer Services to implement
16  the consumer education pilot program, as created by this act.
17         Section 20.  (1)  For fiscal year 2004-2005, the sum of
18  $255,391 from the General Revenue Fund and seven
19  full-time-equivalent positions are appropriated to the
20  Department of Agriculture and Consumer Services for the
21  purpose of mediating complaints in nonregulated areas under
22  section 570.544, Florida Statutes.
23         (2)  For the 2004-2005 fiscal year, the sum of $100,000
24  is appropriated from the General Revenue Fund to the
25  Department of Agriculture and Consumer Services to market to
26  the public the services provided by the department's Division
27  of Consumer Services under section 570.544, Florida Statutes,
28  including, but not limited to, the division's mediation of
29  complaints in nonregulated areas.
30         Section 21.  Except as otherwise expressly provided in
31  this act, this act shall take effect July 1, 2004.
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1314
 3                                 
 4  The committee substitute differs from the original bill by:
    (1) adding a consumer education pilot program and a
 5  corresponding appropriation to be administered by the
    Department of Agriculture and Consumer Services to better
 6  educate secondary and postsecondary students on consumer
    issues; (2) requiring the department to issue a report to the
 7  Governor and the Legislature regarding the continued viability
    of the state's "no sales solicitation calls" listing; (3)
 8  providing a business the option to subscribe a business
    telephone number to the state's "no sales solicitation calls"
 9  listing; (4) authorizing increased administrative fines and
    civil penalties for violations against senior citizens and
10  handicapped persons of the ballroom dance studio law, the
    pawnbroking law, and the motor vehicle repair law; (5)
11  providing an appropriation to an authorized department program
    to provide assistance to motor vehicle repair shop employees
12  wishing to take courses in motor vehicle repair; (6)
    clarifying when the department may assist consumers with
13  complaints against unregulated entities and providing an
    appropriation to fund seven full-time-equivalent positions in
14  the department for assisting consumers who have complaints
    against unregulated entities; (7) providing an appropriation
15  for the department to market its consumer-assistance services
    to the public; (8) creating the crime of identity theft
16  against a deceased person by revising the definition of
    "individual" under the identify theft law to include a
17  deceased person and establishing penalties; and (9) requiring
    the registration of health-related discount card providers
18  with the Department of Financial Services before a provider
    may conduct business and providing penalties for failure to
19  register or for defrauding consumers.
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
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