HB 0833

CS

CHAMBER ACTION

1	The State Resources Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to consumer protection; amending s.
8	493.6303, F.S.; revising training requirements for
9	obtaining a Class "D" license; requiring a minimum number
10	of hours of training in terrorism awareness or other
11	training prescribed by the Department of Agriculture and
12	Consumer Services; providing a timeframe for submitting
13	proof of having completed the training; revising the
14	number of training hours required; amending s. 501.059,
15	F.S.; prohibiting the transmission of facsimile documents
16	under certain circumstances; providing for attorney's fees
17	and for the recovery of certain litigation expenses by the
18	department and the Department of Legal Affairs; amending
19	s. 501.142, F.S.; providing for preemption of the
20	regulation of refunds in retail sales establishments to
21	the Department of Agriculture and Consumer Services;
22	amending s. 506.5131, F.S.; clarifying provisions with
23	respect to the assessment of fees, fines, and costs
24	relating to shopping carts found on public property;
25	repealing s. 526.3135, F.S.; relating to an annual report
26	compiled by the Division of Standards of the Department of
27	Agriculture and Consumer Services; repealing ss. 546.001,
28	546.002, 546.003, 546.004, 546.006, and 546.008, F.S.,
29	relating to the "Amusement Ride and Attraction Insurance
30	Act"; amending s. 559.801, F.S.; redefining the term
31	"business opportunity" for purposes of the "Sale of
32	Business Opportunities Act"; amending s. 559.920, F.S.;
33	revising actions by motor vehicle repair shops or
34	employees which are unlawful; amending s. 559.927, F.S.;
35	providing a definition of "travel club"; amending s.
36	559.928, F.S.; revising information to be submitted for
37	registration as a seller of travel and information
38	submitted by independent agents; requiring the payment of
39	an annual fee by independent agents; amending s. 616.242,
40	F.S.; exempting certain governmental entities from a
41	requirement to maintain liability protection covering
42	amusement rides; amending s. 849.094, F.S.; redefining the
43	term "operator" for purposes of the regulation of game
44	promotions in connection with the sale of consumer
45	products or services; providing that the operator of
46	certain game promotions need only include the material
47	terms of the rules and regulations of the game in
48	advertising copy used in connection therewith under
49	specified conditions; reenacting s. 501.603(1)(a), F.S.,
50	which defines "commercial telephone solicitation";
51	reenacting s. 559.809(12), F.S., which specifies
52	prohibited acts under the "Sale of Business Opportunities
53	Act"; directing the State Technology Office to integrate
54	additional features into the state's official Internet
55	website; directing the State Technology Office to
56	integrate information concerning the Florida 211 Network
57	into the state's official Internet website; amending s.
58	570.544, F.S.; designating the Division of Consumer
59	Services within the Department of Agriculture and Consumer
60	Services as the state clearinghouse for matters relating
61	to consumer protection, consumer information, and consumer
62	services; deleting certain reporting requirements;
63	providing an effective date.
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1.  Section 493.6303, Florida Statutes, is amended
68	to read:
69	493.6303  License requirements.--In addition to the license
70	requirements set forth elsewhere in this chapter, each
71	individual or agency shall comply with the following additional
72	requirements:
73	(1)  Each agency or branch office shall designate a minimum
74	of one appropriately licensed individual to act as manager,
75	directing the activities of the Class "D" employees.
76	(2)  An applicant for a Class "MB" license shall have 2
77	years of lawfully gained, verifiable, full-time experience, or
78	training in:
79	(a)  Security work or related fields of work that provided
80	equivalent experience or training;
81	(b)  Experience described in paragraph (a) for 1 year and
82	experience described in paragraph (c) for 1 year;
83	(c)  No more than 1 year using:
84	1.  Either college coursework related to criminal justice,
85	criminology, or law enforcement administration; or
86	2.  Successfully completed law enforcement-related training
87	received from any federal, state, county, or municipal agency;
88	or
89	(d)  Experience described in paragraph (a) for 1 year and
90	work in a managerial or supervisory capacity for 1 year.
91	(3)  An applicant for a Class "M" license shall qualify for
92	licensure as a Class "MA" manager as outlined under s.
93	493.6203(2) and as a Class "MB" manager as outlined under
94	subsection (2).
95	(4)(a)  Effective January 1, 2006 October 1, 1994, an
96	applicant for a Class "D" license must complete have completed a
97	minimum of 44 40 hours of professional training administered by
98	at a school or training facility licensed by the department. The
99	department shall by rule establish the general content and
100	number of hours of all the training. Such training must include
101	at least 8 hours of instruction in terrorism awareness or other
102	special training prescribed by the department.
103	(b)  An applicant may fulfill the training requirement
104	prescribed in paragraph (a) by submitting proof of:
105	1.  Successful completion of the total number of required
106	40 hours of training before initial application for a Class "D"
107	license; or
108	2.  Successful completion of 24 hours of training before
109	initial application for, and the remaining 16 hours of training
110	within 180 days after the date upon the first application is
111	submitted for renewal of, a Class "D" license. If documentation
112	of completion of the required training is not submitted within
113	the specified timeframe, the individual's license is
114	automatically suspended until such time as proof of the required
115	training is provided to the department. However, Individuals
116	licensed before October 1, 1994, or individuals who have
117	successfully completed 40 hours of professional training before
118	January 1, 2006, at a school or training facility licensed by
119	the department are exempt from the training requirements of
120	paragraph (a) need not complete additional training hours in
121	order to renew their licenses.
122
123	However, any person whose license has been revoked or whose
124	license has been expired for 1 year or longer is considered,
125	upon reapplication for a license, an initial applicant and must
126	submit proof of successful completion of the total number of
127	required 40 hours of professional training at a school or
128	training facility licensed by the department.
129	(5)  An applicant for a Class "G" license shall satisfy the
130	firearms training outlined in s. 493.6115.
131	Section 2.  Subsections (7), (8), and (9) of section
132	501.059, Florida Statutes, are amended to read:
133	501.059  Telephone solicitation.--
134	(7)(a)  A No person may not shall make or knowingly allow a
135	telephonic sales call to be made if the such call involves an
136	automated system for the selection or dialing of telephone
137	numbers or the playing of a recorded message when a connection
138	is completed to a number called.
139	(b)  Nothing herein prohibits the use of an automated
140	telephone dialing system with live messages if the calls are
141	made or messages given solely in response to calls initiated by
142	the persons to whom the automatic calls or live messages are
143	directed or if the telephone numbers selected for automatic
144	dialing have been screened to exclude any telephone subscriber
145	who is included on the department's then-current "no sales
146	solicitation calls" listing or any unlisted telephone number, or
147	if the calls made concern goods or services that have been
148	previously ordered or purchased.
149	(c)  A person may not transmit or knowingly allow the
150	transmission of a facsimile of documents through connection with
151	a telephone network if the facsimile transmission involves
152	unsolicited advertising material for the sale of any real
153	property, goods, or services.
154	(8)  The department shall investigate any complaints
155	received concerning violations of this section. If, after
156	investigating any complaint, the department finds that there has
157	been a violation of this section, the department or the
158	Department of Legal Affairs may bring an action to impose a
159	civil penalty and to seek other relief, including injunctive
160	relief, as the court deems appropriate against the telephone
161	solicitor. The civil penalty shall not exceed $10,000 per
162	violation and shall be deposited in the General Inspection Trust
163	Fund if the action or proceeding was brought by the department,
164	or the Legal Affairs Revolving Trust Fund if the action or
165	proceeding was brought by the Department of Legal Affairs. This
166	civil penalty may be recovered in any action brought under this
167	part by the department, or the department may terminate any
168	investigation or action upon agreement by the person to pay an
169	agreed-upon a stipulated civil penalty. The department or the
170	court may waive any civil penalty if the person has previously
171	made full restitution or reimbursement or has paid actual
172	damages to the consumers who have been injured by the violation.
173	(9)(a)  In any civil litigation resulting from a
174	transaction involving a violation of this section, the
175	prevailing party, after judgment in the trial court and
176	exhaustion of all appeals, if any, shall receive his or her
177	reasonable attorney's fees and costs from the nonprevailing
178	party.
179	(b)  The attorney for the prevailing party shall submit a
180	sworn affidavit of his or her time spent on the case and his or
181	her costs incurred for all the motions, hearings, and appeals to
182	the trial judge who presided over the civil case.
183	(c)  The trial judge shall award the prevailing party the
184	sum of reasonable costs incurred in the action plus a reasonable
185	legal fee for the hours actually spent on the case as sworn to
186	in an affidavit.
187	(d)  Any award of attorney's fees or costs shall become a
188	part of the judgment and subject to execution as the law allows.
189	(e)  In any civil litigation initiated by the department or
190	the Department of Legal Affairs, the court may award to the
191	prevailing party is entitled to recover reasonable attorney's
192	fees and costs if the court finds that there was a complete
193	absence of a justiciable issue of either law or fact raised by
194	the losing party or if the court finds bad faith on the part of
195	the losing party. Travel and per diem expenses incurred by the
196	department or the Department of Legal Affairs for its attorneys
197	and witnesses shall be recoverable costs by either the
198	department or the Department of Legal Affairs should either
199	agency prevail in civil litigation.
200	Section 3.  Subsection (3) is added to section 501.142,
201	Florida Statutes, to read:
202	501.142  Retail sales establishments; notice of refund
203	policy; exceptions.--
204	(3)  Notwithstanding any other provision of law or local
205	ordinance, the regulation of refunds in retail sales
206	establishments is expressly preempted to the Department of
207	Agriculture and Consumer Services.
208	Section 4.  Section 506.5131, Florida Statutes, is amended
209	to read:
210	506.5131  Return of shopping carts; assessment of fees,
211	fines, and costs.--
212	(1)  The rightful owner of any shopping cart with a
213	registered name or mark found on public property shall be
214	immediately notified of its recovery.
215	(2)  Notwithstanding any other provision of law or local
216	ordinance, no fee, fine, or costs may be assessed against the
217	owner of a shopping cart unless the shopping cart was found on
218	public property, unless the shopping cart and was removed from
219	the premises or parking area of a retail establishment by the
220	owner of the shopping cart, or an employee acting on the owner's
221	behalf, and such fee, fine, or cost has been approved by the
222	Department of Agriculture and Consumer Services.
223	Section 5.  Section 526.3135, Florida Statutes, is
224	repealed.
225	Section 6.  Sections 546.001, 546.002, 546.003, 546.004,
226	546.006, and 546.008, Florida Statutes, are repealed.
227	Section 7.  Paragraph (a) of subsection (1) of section
228	559.801, Florida Statutes, is amended to read:
229	559.801  Definitions.--For the purpose of ss. 559.80-
230	559.80-559.815, the term:
231	(1)(a)  "Business opportunity" means the sale or lease of
232	any products, equipment, supplies, or services which are sold or
233	leased to a purchaser to enable the purchaser to start a
234	business for which the purchaser is required to pay an initial
235	fee or sum of money which exceeds $500 to the seller, and in
236	which the seller represents:
237	1.  That the seller or person or entity affiliated with or
238	referred by the seller will provide locations, either
239	contemporaneously at the time of the sale or lease or at a
240	future time, or assist the purchaser in finding locations for
241	the use or operation of vending machines, racks, display cases,
242	currency or card operated equipment, or other similar devices or
243	currency-operated amusement machines or devices on premises
244	neither owned nor leased by the purchaser or seller;
245	2.  That the seller will purchase, either contemporaneously
246	at the time of the sale or lease or at a future time, any or all
247	products made, produced, fabricated, grown, bred, or modified by
248	the purchaser using in whole or in part the supplies, services,
249	or chattels sold to the purchaser;
250	3.  That the seller guarantees that the purchaser will
251	derive income from the business opportunity which exceeds the
252	price paid or rent charged for the business opportunity or that
253	the seller will refund all or part of the price paid or rent
254	charged for the business opportunity, or will repurchase any of
255	the products, equipment, supplies, or chattels supplied by the
256	seller, if the purchaser is unsatisfied with the business
257	opportunity; or
258	4.  That the seller will provide, either contemporaneously
259	at the time of the sale or lease or at a future time, a sales
260	program or marketing program that will enable the purchaser to
261	derive income from the business opportunity, except that this
262	paragraph does not apply to the sale of a sales program or
263	marketing program made in conjunction with the licensing of a
264	trademark or service mark that is registered under the laws of
265	any state or of the United States if the seller requires use of
266	the trademark or service mark in the sales agreement.
267
268	For the purpose of subparagraph 1., the term "assist the
269	purchaser in finding locations" means, but is not limited to,
270	supplying the purchaser with names of locator companies,
271	contracting with the purchaser to provide assistance or supply
272	names, or collecting a fee on behalf of or for a locator
273	company.
274	Section 8.  Section 559.920, Florida Statutes, is amended
275	to read:
276	559.920  Unlawful acts and practices.--It shall be a
277	violation of this act for any motor vehicle repair shop or
278	employee thereof to:
279	(1)  Engage or attempt to engage in repair work for
280	compensation of any type without first being registered with or
281	having submitted an affidavit of exemption to the department;
282	(2)  Make or charge for repairs which have not been
283	expressly or impliedly authorized by the customer;
284	(3)  Misrepresent that repairs have been made to a motor
285	vehicle;
286	(4)  Misrepresent that certain parts and repairs are
287	necessary to repair a vehicle;
288	(5)  Misrepresent that the vehicle being inspected or
289	diagnosed is in a dangerous condition or that the customer's
290	continued use of the vehicle may be harmful or cause great
291	damage to the vehicle;
292	(6)  Fraudulently alter any customer contract, estimate,
293	invoice, or other document;
294	(7)  Fraudulently misuse any customer's credit card;
295	(8)  Make or authorize in any manner or by any means
296	whatever any written or oral statement which is untrue,
297	deceptive or misleading, and which is known, or which by the
298	exercise of reasonable care should be known, to be untrue,
299	deceptive or misleading;
300	(9)  Make false promises of a character likely to
301	influence, persuade, or induce a customer to authorize the
302	repair, service, or maintenance of a motor vehicle;
303	(10)  Substitute used, rebuilt, salvaged, or straightened
304	parts for new replacement parts without notice to the motor
305	vehicle owner and to her or his insurer if the cost of repair is
306	to be paid pursuant to an insurance policy and the identity of
307	the insurer or its claims adjuster is disclosed to the motor
308	vehicle repair shop;
309	(11)  Cause or allow a customer to sign any work order that
310	does not state the repairs requested by the customer or the
311	automobile's odometer reading at the time of repair;
312	(12)  Fail or refuse to give to a customer a copy of any
313	document requiring the customer's signature upon completion or
314	cancellation of the repair work;
315	(13)  Willfully depart from or disregard accepted practices
316	and professional standards;
317	(14)  Have repair work subcontracted without the knowledge
318	or consent of the customer unless the motor vehicle repair shop
319	or employee thereof demonstrates that the customer could not
320	reasonably have been notified;
321	(15)  Conduct the business of motor vehicle repair in a
322	location other than that stated on the registration certificate;
323	(16)  Rebuild or restore a rebuilt vehicle without the
324	knowledge of the owner in such a manner that it does not conform
325	to the original vehicle manufacturer's established repair
326	procedures or specifications and allowable tolerances for the
327	particular model and year; or
328	(17)  Perform any other act that is a violation of this
329	part or that constitutes fraud or misrepresentation.
330	Section 9.  Subsection (12) is added to section 559.927,
331	Florida Statutes, to read:
332	559.927  Definitions.--For the purposes of this part, the
333	term:
334	(12)  "Travel club" means a membership in an organization
335	in which a member has the right to receive or purchase
336	prearranged travel, tourist-related services, or tour-guide
337	services, as such travel or services are from time to time
338	offered, for an advance fee or payment, which may be available
339	on a first-come, first-served, space-available reservation basis
340	and in which a member is not granted a legal or equitable
341	interest in any real property or specific right of use, without
342	a reservation, of any specific property. A travel club
343	registered under this part shall not be deemed to be nor
344	constitute a timeshare interest or timeshare plan.
345	Section 10.  Subsections (1) and (3) of section 559.928,
346	Florida Statutes, are amended to read:
347	559.928  Registration.--
348	(1)  Each seller of travel shall annually register with the
349	department, providing: its legal business or trade name, mailing
350	address, and business locations; the full names, addresses, and
351	telephone numbers, and social security numbers of its owners or
352	corporate officers and directors and the Florida agent of the
353	corporation; a statement whether it is a domestic or foreign
354	corporation, its state and date of incorporation, its charter
355	number, and, if a foreign corporation, the date it registered
356	with the State of Florida, and occupational license where
357	applicable; the date on which a seller of travel registered its
358	fictitious name if the seller of travel is operating under a
359	fictitious or trade name; the name of all other corporations,
360	business entities, and trade names through which each owner of
361	the seller of travel operated, was known, or did business as a
362	seller of travel within the preceding 5 years; a list of all
363	authorized independent agents, including the agent's trade name,
364	full name, mailing address, business address, telephone numbers,
365	and social security number; the business location and address of
366	each branch office and full name and address of the manager or
367	supervisor; and proof of purchase of adequate bond or
368	establishment of a letter of credit or certificate of deposit as
369	required in this part. A certificate evidencing proof of
370	registration shall be issued by the department and must be
371	prominently displayed in the seller of travel's primary place of
372	business.
373	(3)  Each independent agent shall annually file an
374	affidavit with the department and pay a fee of $100 for deposit
375	in the General Inspection Trust Fund of the department prior to
376	engaging in business in this state. This affidavit must include
377	the independent agent's full name, legal business or trade name,
378	mailing address, business address, and telephone number, social
379	security number, and the name or names and addresses of each
380	seller of travel represented by the independent agent and must
381	be accompanied by a copy of the independent agent's current
382	contract with each seller of travel. A letter evidencing proof
383	of filing must be issued by the department and must be
384	prominently displayed in the independent agent's primary place
385	of business. As used in this subsection, the term "independent
386	agent" means a person who represents a seller of travel by
387	soliciting persons on its behalf; who has a written contract
388	with a seller of travel which is operating in compliance with
389	this part and any rules adopted thereunder; who does not receive
390	a fee, commission, or other valuable consideration directly from
391	the purchaser for the seller of travel; who does not at any time
392	have any unissued ticket stock or travel documents in his or her
393	possession; and who does not have the ability to issue tickets,
394	vacation certificates, or any other travel document. The term
395	"independent agent" does not include an affiliate of the seller
396	of travel, as that term is used in s. 559.935(3), or the
397	employees of the seller of travel or of such affiliates.
398	Section 11.  Paragraph (c) is added to subsection (9) of
399	section 616.242, Florida Statutes, to read:
400	616.242  Safety standards for amusement rides.--
401	(9)  INSURANCE REQUIREMENTS.--
402	(c)  The insurance requirements imposed under this
403	subsection do not apply to a governmental entity that is covered
404	by the provisions of s. 768.28(16).
405	Section 12.  Subsections (1) and (3) of section 849.094,
406	Florida Statutes, are amended to read:
407	849.094  Game promotion in connection with sale of consumer
408	products or services.--
409	(1)  As used in this section, the term:
410	(a)  "Game promotion" means, but is not limited to, a
411	contest, game of chance, or gift enterprise, conducted within or
412	throughout the state and other states in connection with the
413	sale of consumer products or services, and in which the elements
414	of chance and prize are present. However, "game promotion" shall
415	not be construed to apply to bingo games conducted pursuant to
416	s. 849.0931.
417	(b)  "Operator" means any person, firm, corporation, or
418	association on whose behalf a game promotion is conducted or
419	agent or employee thereof who promotes, operates, or conducts a
420	game promotion, except any charitable nonprofit organization.
421	(3)  The operator of a game promotion in which the total
422	announced value of the prizes offered is greater than $5,000
423	shall file with the Department of Agriculture and Consumer
424	Services a copy of the rules and regulations of the game
425	promotion and a list of all prizes and prize categories offered
426	at least 7 days before the commencement of the game promotion.
427	Such rules and regulations may not thereafter be changed,
428	modified, or altered. The operator of a game promotion shall
429	conspicuously post the rules and regulations of such game
430	promotion in each and every retail outlet or place where such
431	game promotion may be played or participated in by the public
432	and shall also publish the rules and regulations in all
433	advertising copy used in connection therewith. However, such
434	advertising copy need only include the material terms of the
435	rules and regulations if the advertising copy includes a website
436	address, a toll-free telephone number, or a mailing address
437	where the full rules and regulations may be viewed, heard, or
438	obtained for the full duration of the game promotion. Such
439	disclosures must be legible. Radio and television announcements
440	may indicate that the rules and regulations are available at
441	retail outlets or from the operator of the promotion. A
442	nonrefundable filing fee of $100 shall accompany each filing and
443	shall be used to pay the costs incurred in administering and
444	enforcing the provisions of this section.
445	Section 13.  For the purpose of incorporating the amendment
446	to section 501.059, Florida Statutes, in a reference thereto,
447	paragraph (a) of subsection (1) of section 501.603, Florida
448	Statutes, is reenacted to read:
449	501.603  Definitions.--As used in this part, unless the
450	context otherwise requires, the term:
451	(1)  "Commercial telephone solicitation" means:
452	(a)  An unsolicited telephone call to a person initiated by
453	a commercial telephone seller or salesperson, or an automated
454	dialing machine used in accordance with the provisions of s.
455	501.059(7) for the purpose of inducing the person to purchase or
456	invest in consumer goods or services;
457
458	For purposes of this section, "other communication" means a
459	written or oral notification or advertisement transmitted
460	through any means. Also, for purposes of this section, "invites
461	a response by telephone" does not mean the mere listing or
462	including of a telephone number in a notification or
463	advertisement.
464	Section 14.  For the purpose of incorporating the amendment
465	to section 559.801, Florida Statutes, in a reference thereto,
466	subsection (12) of section 559.809, Florida Statutes, is
467	reenacted to read:
468	559.809  Prohibited acts.--Business opportunity sellers
469	shall not:
470	(12)  Misrepresent their ability or the ability of a person
471	or entity providing services as defined in s. 559.801(1)(a) to
472	provide locations or assist the purchaser in finding locations
473	expected to have a positive impact on the success of the
474	business opportunity.
475	Section 15.  The State Technology Office shall provide a
476	banner on the official Internet website of the state which is
477	hyperlinked to a website of the Department of Agriculture and
478	Consumer Services which:
479	(1)  Aggregates a wide variety of consumer protection
480	information and resources available from state agencies.
481	(2)  Features useful tools to help consumers identify which
482	agencies have jurisdiction over specific subjects.
483	(3)  Includes alerts for consumers on known fraudulent
484	practices.
485	Section 16.  The State Technology Office shall provide a
486	banner on the official Internet website of the state which is
487	hyperlinked to a website of the Florida 211 Network which:
488	(1)  Profiles the information and referral system known as
489	the Florida 211 Network.
490	(2)  Lists areas within the state where the network is
491	available and the respective telephone numbers to access members
492	of the Florida 211 network.
493	Section 17.  Subsections (3), (6), and (7) of section
494	570.544, Florida Statutes, are amended to read:
495	570.544  Division of Consumer Services; director; powers;
496	processing of complaints; records.--
497	(3)  In addition to the powers, duties, and
498	responsibilities authorized by this or any other chapter, the
499	Division of Consumer Services shall serve as the state a
500	clearinghouse for matters relating to consumer protection,
501	consumer information, and consumer services generally. It shall
502	receive complaints and grievances from consumers and promptly
503	transmit them to that agency most directly concerned in order
504	that the complaint or grievance may be expeditiously handled in
505	the best interests of the complaining consumer. If no agency
506	exists, the Division of Consumer Services shall seek a
507	settlement of the complaint using formal or informal methods of
508	mediation and conciliation and may seek any other resolution of
509	the matter in accordance with its jurisdiction.
510	(6)(a)  The office or agency to which a complaint has been
511	referred shall within 30 days acknowledge receipt of the
512	complaint and report on the disposition made of the complaint.
513	In the event a complaint has not been disposed of within 30
514	days, the receiving office or agency shall file progress reports
515	with the Division of Consumer Services no less frequently than
516	30 days until final disposition.
517	(b)  The report shall contain at least the following
518	information:
519	1.  A finding of whether the receiving agency has
520	jurisdiction of the subject matter involved in the complaint.
521	2.  Whether the complaint is deemed to be frivolous, sham,
522	or without basis in fact or law.
523	3.  What action has been taken and a report on whether the
524	original complainant was satisfied with the final disposition.
525	4.  Any recommendation regarding needed changes in law or
526	procedure which in the opinion of the reporting agency or office
527	will improve consumer protection in the area involved.
528	(7)(a)  If the office or agency receiving a complaint fails
529	to file a report as contemplated in this section, that failure
530	shall be construed as a denial by the receiving office or agency
531	that it has jurisdiction of the subject matter contained in the
532	complaint.
533	(b)  If an office or agency receiving a complaint
534	determines that the matter presents a prima facie case for
535	criminal prosecution or if the complaint cannot be settled at
536	the administrative level, the complaint together with all
537	supporting evidence shall be transmitted to the Department of
538	Legal Affairs or other appropriate enforcement agency with a
539	recommendation for civil or criminal action warranted by the
540	evidence.
541	Section 18.  This act shall take effect October 1, 2005.

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