| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Agriculture and |
| 3 | Consumer Services; amending s. 493.6106, F.S.; clarifying |
| 4 | that private investigative, private security, and |
| 5 | repossession services are licensed by the department; |
| 6 | amending s. 493.6121, F.S.; authorizing the department to |
| 7 | institute judicial proceedings to enforce ch. 493, F.S., |
| 8 | or any rule or order of the department; amending s. |
| 9 | 493.6303, F.S.; revising the requirements for a Class "D" |
| 10 | private security license; requiring the department to |
| 11 | establish the number of hours of each subject area to be |
| 12 | taught in training; providing for automatic suspension of |
| 13 | a license upon failure to submit documentation of |
| 14 | completing the required training; prescribing requirements |
| 15 | and conditions for persons licensed before a certain date; |
| 16 | providing exemptions; amending s. 501.059, F.S.; |
| 17 | prohibiting a telephone solicitor from blocking certain |
| 18 | information from a recipient's caller identification |
| 19 | service; providing an exception; authorizing a telephone |
| 20 | solicitor to substitute certain information provided to |
| 21 | the recipient's caller identification service; providing a |
| 22 | definition; prohibiting alteration of a caller's voice |
| 23 | during a telephonic sales call under certain circumstances |
| 24 | and for certain purposes; amending s. 501.142, F.S.; |
| 25 | providing that the regulation of refunds in retail sales |
| 26 | establishments is preempted to the department; authorizing |
| 27 | the department to adopt rules; authorizing the department |
| 28 | to enter orders for certain violations; requiring that any |
| 29 | moneys recovered by the department as a penalty be |
| 30 | deposited in the General Inspection Trust Fund; |
| 31 | authorizing a local government to impose penalties; |
| 32 | requiring that any moneys recovered by a local government |
| 33 | as a penalty be deposited in the appropriate local |
| 34 | account; amending s. 506.5131, F.S.; revising provisions |
| 35 | relating to assessment of fees, fines, and costs against |
| 36 | the owner of a shopping cart; providing an exemption; |
| 37 | amending s. 525.01, F.S.; defining the term "alternative |
| 38 | fuel" for purposes of ch. 525, F.S., relating to the |
| 39 | inspection of gasoline and oil; amending s. 527.11, F.S.; |
| 40 | exempting the delivery of certain amounts of propane gas |
| 41 | for use with outdoor equipment or appliances from |
| 42 | provisions governing the delivery of liquefied petroleum |
| 43 | gas; requiring that a person delivering liquefied |
| 44 | petroleum gas in bulk comply with certain storage |
| 45 | requirements; amending ss. 570.46 and 570.47, F.S.; |
| 46 | authorizing the Division of Standards within the |
| 47 | department to enforce ch. 527, F.S., relating to the sale |
| 48 | of liquefied petroleum gas; amending s. 570.544, F.S.; |
| 49 | deleting provisions requiring that an office or agency |
| 50 | receiving a complaint file progress reports with the |
| 51 | Division of Consumer Services within the department; |
| 52 | repealing s. 526.3135, F.S., relating to reports by the |
| 53 | Division of Standards, to conform to changes made by the |
| 54 | act; amending s. 616.242, F.S.; exempting certain |
| 55 | governmental entities from requirements that operators of |
| 56 | amusement rides maintain specified amounts of insurance |
| 57 | coverage; providing effective dates. |
| 58 |
|
| 59 | Be It Enacted by the Legislature of the State of Florida: |
| 60 |
|
| 61 | Section 1. Paragraph (c) of subsection (2) of section |
| 62 | 493.6106, Florida Statutes, is amended to read: |
| 63 | 493.6106 License requirements; posting.-- |
| 64 | (2) Each agency shall have a minimum of one physical |
| 65 | location within this state from which the normal business of the |
| 66 | agency is conducted, and this location shall be considered the |
| 67 | primary office for that agency in this state. |
| 68 | (c) Each Class "A," Class "B," Class "R," branch office, |
| 69 | or school licensee shall display, in a place that is in clear |
| 70 | and unobstructed public view, a notice on a form prescribed by |
| 71 | the department stating that the business operating at this |
| 72 | location is licensed and regulated by the Department of |
| 73 | Agriculture and Consumer Services State and that any questions |
| 74 | or complaints should be directed to the department. |
| 75 | Section 2. Subsections (5) and (7) of section 493.6121, |
| 76 | Florida Statutes, are amended to read: |
| 77 | 493.6121 Enforcement; investigation.-- |
| 78 | (5) In order to carry out the duties of the department |
| 79 | prescribed in this chapter, designated employees of the Division |
| 80 | of Licensing of the Department of Agriculture and Consumer |
| 81 | Services State may obtain access to the information in criminal |
| 82 | justice information systems and to criminal justice information |
| 83 | as defined in s. 943.045, on such terms and conditions as are |
| 84 | reasonably calculated to provide necessary information and |
| 85 | protect the confidentiality of the information. Such criminal |
| 86 | justice information submitted to the division is confidential |
| 87 | and exempt from the provisions of s. 119.07(1). |
| 88 | (7) The department may institute of Legal Affairs shall |
| 89 | represent the Department of Agriculture and Consumer Services in |
| 90 | judicial proceedings in the appropriate circuit court seeking |
| 91 | enforcement of this chapter, or any rule or order of the |
| 92 | department upon an action by any party seeking redress against |
| 93 | the department, and shall coordinate with the department in the |
| 94 | conduct of any investigations incident to its legal |
| 95 | responsibility. |
| 96 | Section 3. Effective January 1, 2007, subsection (4) of |
| 97 | section 493.6303, Florida Statutes, is amended to read: |
| 98 | 493.6303 License requirements.--In addition to the license |
| 99 | requirements set forth elsewhere in this chapter, each |
| 100 | individual or agency shall comply with the following additional |
| 101 | requirements: |
| 102 | (4)(a) Effective October 1, 1994, An applicant for a Class |
| 103 | "D" license must complete have completed a minimum of 40 hours |
| 104 | of professional training at a school or training facility |
| 105 | licensed by the department. The department shall by rule |
| 106 | establish the general content and number of hours of each |
| 107 | subject area to be taught the training. |
| 108 | (b) An applicant may fulfill the training requirement |
| 109 | prescribed in paragraph (a) by submitting proof of: |
| 110 | 1. Successful completion of the total number of required |
| 111 | 40 hours of training before initial application for a Class "D" |
| 112 | license; or |
| 113 | 2. Successful completion of 24 hours of training before |
| 114 | initial application for a Class "D" license, and successful |
| 115 | completion of the remaining 16 hours of training within 180 days |
| 116 | after the date that upon the first application is submitted for |
| 117 | renewal of, a Class "D" license. If documentation of completion |
| 118 | of the required training is not submitted within the specified |
| 119 | timeframe, the individual's license is automatically suspended |
| 120 | until such time as proof of the required training is provided to |
| 121 | the department However, individuals licensed before October 1, |
| 122 | 1994, need not complete additional training hours in order to |
| 123 | renew their licenses. |
| 124 |
|
| 125 | However, any person whose license has been revoked, suspended |
| 126 | pursuant to subparagraph 2., or whose license has been expired |
| 127 | for 1 year or longer is considered, upon reapplication for a |
| 128 | license, an initial applicant and must submit proof of |
| 129 | successful completion of 40 hours of professional training at a |
| 130 | school or training facility licensed by the department as |
| 131 | prescribed in paragraph (a) before a license will be issued. Any |
| 132 | person whose license was issued before January 1, 2007, and |
| 133 | whose license has been expired for less than 1 year must, upon |
| 134 | reapplication for a license, submit documentation of completion |
| 135 | of the total number of hours of training prescribed by law at |
| 136 | the time her or his initial license was issued before another |
| 137 | license will be issued. This subsection does not require an |
| 138 | individual licensed before January 1, 2007, to complete |
| 139 | additional training hours in order to renew an active license, |
| 140 | beyond the required total amount of training within the |
| 141 | timeframe prescribed by law at the time she or he was licensed. |
| 142 | Section 4. Paragraphs (c) and (d) are added to subsection |
| 143 | (7) of section 501.059, Florida Statutes, to read: |
| 144 | 501.059 Telephone solicitation.-- |
| 145 | (7) |
| 146 | (c) It shall be unlawful for any person who makes a |
| 147 | telephonic sales call or causes a telephonic sales call to be |
| 148 | made to fail to transmit or cause not to be transmitted the |
| 149 | telephone number and, when made available by the telephone |
| 150 | solicitor's carrier, the name of the telephone solicitor to any |
| 151 | caller identification service in use by a recipient of a |
| 152 | telephonic sales call. However, it shall not be a violation to |
| 153 | substitute, for the name and telephone number used in or billed |
| 154 | for making the call, the name of the seller on behalf of which a |
| 155 | telephonic sales call is placed and the seller's customer |
| 156 | service telephone number, which is answered during regular |
| 157 | business hours. For purposes of this section, the term "caller |
| 158 | identification service" means a service that allows a telephone |
| 159 | subscriber to have the telephone number and, where available, |
| 160 | the name of the calling party transmitted contemporaneously with |
| 161 | the telephone call and displayed on a device in or connected to |
| 162 | the subscriber's telephone. |
| 163 | (d) It shall be unlawful for any person who makes a |
| 164 | telephonic sales call or causes a telephonic sales call to be |
| 165 | made to intentionally alter the voice of the caller in an |
| 166 | attempt to disguise or conceal the identity of the caller in |
| 167 | order to defraud, confuse, or financially or otherwise injure |
| 168 | the recipient of a telephonic sales call or in order to obtain |
| 169 | personal information from the recipient of a telephonic sales |
| 170 | call which may be used in a fraudulent or unlawful manner. |
| 171 | Section 5. Section 501.142, Florida Statutes, is amended |
| 172 | to read: |
| 173 | 501.142 Retail sales establishments; preemption; notice of |
| 174 | refund policy; exceptions; penalty.-- |
| 175 | (1) The regulation of refunds is preempted to the |
| 176 | Department of Agriculture and Consumer Services notwithstanding |
| 177 | any other law or local ordinance to the contrary. Every retail |
| 178 | sales establishment offering goods for sale to the general |
| 179 | public that offers no cash refund, credit refund, or exchange of |
| 180 | merchandise must post a sign so stating at the point of sale. |
| 181 | Failure of a retail sales establishment to exhibit a "no refund" |
| 182 | sign under such circumstances at the point of sale shall mean |
| 183 | that a refund or exchange policy exists, and the policy shall be |
| 184 | presented in writing to the consumer upon request. Any retail |
| 185 | establishment failing to comply with the provisions of this |
| 186 | section shall grant to the consumer, upon request and proof of |
| 187 | purchase, a refund on the merchandise, within 7 days of the date |
| 188 | of purchase, provided the merchandise is unused and in the |
| 189 | original carton, if one was furnished. Nothing herein shall |
| 190 | prohibit a retail sales establishment from having a refund |
| 191 | policy which exceeds the number of days specified herein. The |
| 192 | department may adopt rules pursuant to ss. 120.536(1) and 120.54 |
| 193 | to enforce the provisions of this section. However, this |
| 194 | subsection does not prohibit a local government from enforcing |
| 195 | the provisions established by this section or department rule. |
| 196 | (2) The provisions of this section shall not apply to the |
| 197 | sale of food, perishable goods, goods which are custom made, |
| 198 | goods which are custom altered at the request of the customer, |
| 199 | or goods which cannot be resold by the merchant because of any |
| 200 | law, rule, or regulation adopted by a governmental body. |
| 201 | (3) The department may enter an order doing one or more of |
| 202 | the following if the department finds that a person has violated |
| 203 | or is operating in violation of any of the provisions of this |
| 204 | section or the rules or orders issued under this section: |
| 205 | (a) Issue a notice of noncompliance pursuant to s. |
| 206 | 120.695. |
| 207 | (b) Impose an administrative fine not to exceed $100 for |
| 208 | each violation. |
| 209 | (c) Direct the person to cease and desist specified |
| 210 | activities. |
| 211 | (4) The administrative proceedings that could result in |
| 212 | the entry of an order imposing any of the penalties specified in |
| 213 | subsection (3) are governed by chapter 120. |
| 214 | (5) Any moneys recovered by the Department of Agriculture |
| 215 | and Consumer Services as a penalty under this section shall be |
| 216 | deposited in the General Inspection Trust Fund. |
| 217 | (6) Upon the first violation of this section, a local |
| 218 | government may issue a written warning. Upon a second and any |
| 219 | subsequent violation, a local government may impose a fine of up |
| 220 | to $50 per violation. Any moneys recovered by the local |
| 221 | government as a penalty under this section shall be deposited in |
| 222 | the appropriate local account. |
| 223 | Section 6. Section 506.5131, Florida Statutes, is amended |
| 224 | to read: |
| 225 | 506.5131 Return of shopping carts; assessment of fees, |
| 226 | fines, and costs.-- |
| 227 | (1) The rightful owner of any shopping cart with a |
| 228 | registered name or mark found on public property shall be |
| 229 | immediately notified of its recovery. |
| 230 | (2) Notwithstanding any other provision of law or local |
| 231 | ordinance, no fee, fine, or costs may be assessed against the |
| 232 | owner of a shopping cart unless the shopping cart was found on |
| 233 | public property and, unless the shopping cart was removed from |
| 234 | the premises or parking area of a retail establishment by the |
| 235 | owner of the shopping cart, or an employee acting on the owner's |
| 236 | behalf, and the such fee, fine, or cost has been approved by the |
| 237 | Department of Agriculture and Consumer Services. This subsection |
| 238 | shall not apply to any ordinance adopted after January 31, 2002, |
| 239 | and prior to June 30, 2002, that requires a business |
| 240 | establishment to install an electronic retention system to |
| 241 | retain shopping carts within the real property boundaries of a |
| 242 | business location. |
| 243 | Section 7. Subsection (1) of section 525.01, Florida |
| 244 | Statutes, is amended to read: |
| 245 | 525.01 Gasoline and oil to be inspected.-- |
| 246 | (1) For the purpose of this chapter: |
| 247 | (a) "Department" means the Department of Agriculture and |
| 248 | Consumer Services. |
| 249 | (b) "Petroleum fuel" means all gasoline, kerosene (except |
| 250 | when used as aviation turbine fuel), diesel fuel, benzine, or |
| 251 | other like products of petroleum under whatever name designated, |
| 252 | or an alternative fuel used for illuminating, heating, cooking, |
| 253 | or power purposes, sold, offered, or exposed for sale in this |
| 254 | state. |
| 255 | (c) "Alternative fuel" means: |
| 256 | 1. Methanol, denatured ethanol, or other alcohols; |
| 257 | 2. Mixtures containing 85 percent or more by volume of |
| 258 | methanol, denatured ethanol, or other alcohols with gasoline or |
| 259 | other fuels, or such other percentage, but not less than 70 |
| 260 | percent, as determined by the department by rule, to provide for |
| 261 | requirements relating to cold start, safety, or vehicle |
| 262 | functions; |
| 263 | 3. Hydrogen; |
| 264 | 4. Coal-derived liquid fuels; and |
| 265 | 5. Fuels, other than alcohol, derived from biological |
| 266 | materials. |
| 267 | Section 8. Section 527.11, Florida Statutes, is amended to |
| 268 | read: |
| 269 | 527.11 Minimum storage.-- |
| 270 | (1) Every person who engages in the distribution of |
| 271 | liquefied petroleum gas for resale to domestic, commercial, or |
| 272 | industrial consumers as a prerequisite to obtaining a liquefied |
| 273 | petroleum gas license shall install, own, or lease a bulk |
| 274 | storage filling plant of not less than 18,000 gallons (water |
| 275 | capacity) within the state and shall be located within a 75-mile |
| 276 | radius of the licensed company's business location. This bulk |
| 277 | storage filling plant must have loading and unloading provisions |
| 278 | solely for the licenseholder and be operated and maintained in |
| 279 | compliance with this chapter for the duration of the license. |
| 280 | (2) A dealer in liquefied petroleum gas licensed as of |
| 281 | August 31, 2000, who has entered or who enters into a written |
| 282 | agreement with a wholesaler that the wholesaler will provide |
| 283 | liquefied petroleum gas to the dealer for a period of 12 |
| 284 | continuous months is exempt from the requirements of subsection |
| 285 | (1), if the wholesaler has at least 18,000 gallons (water |
| 286 | capacity) of bulk storage within this state permanently |
| 287 | connected for storage, which is used as such for each dealer to |
| 288 | whom gas is sold, and if the wholesaler has loading and |
| 289 | unloading provisions. Such dealer must provide certification of |
| 290 | this agreement on a form provided by the department to the |
| 291 | department before her or his license may be issued. The form |
| 292 | must be signed by both the wholesaler or his or her agent and |
| 293 | the dealer or his or her agent and must be submitted annually |
| 294 | with the license renewal application. A dealer who does not |
| 295 | provide written proof of minimum storage may have her or his |
| 296 | license denied, suspended, or revoked. A No wholesaler may not |
| 297 | enter into written agreements that allocate an amount of storage |
| 298 | that exceeds the wholesaler's total storage capacity minus |
| 299 | 18,000 gallons (water capacity). |
| 300 | (3) A dealer in liquefied petroleum gas operating a single |
| 301 | dispensing unit for the sole purpose of direct product sale to |
| 302 | customers, including delivery of cylinders of 40 pounds or less |
| 303 | of propane gas capacity for use with outdoor equipment or |
| 304 | appliances that are not connected to or part of the permanent |
| 305 | interior piping of a structure, (no deliveries) or an operator |
| 306 | of a cylinder exchange unit is exempt from the requirements of |
| 307 | this section. A person may not deliver liquefied petroleum gas |
| 308 | by cargo vehicle unless the person complies with requirements |
| 309 | for minimum storage. |
| 310 | Section 9. Subsection (5) is added to section 570.46, |
| 311 | Florida Statutes, to read: |
| 312 | 570.46 Division of Standards; powers and duties.--The |
| 313 | duties of the Division of Standards include, but are not limited |
| 314 | to: |
| 315 | (5) Enforcing the provisions of chapter 527. |
| 316 | Section 10. Subsection (2) of section 570.47, Florida |
| 317 | Statutes, is amended to read: |
| 318 | 570.47 Director; qualifications; duties.-- |
| 319 | (2) The director shall supervise, direct, and coordinate |
| 320 | the activities of the division and to that end shall, under the |
| 321 | direction of the department, enforce the provisions of chapters |
| 322 | 501, 525, 526, 527, 531, and 616. |
| 323 | Section 11. Subsections (6) through (9) of section |
| 324 | 570.544, Florida Statutes, are amended to read: |
| 325 | 570.544 Division of Consumer Services; director; powers; |
| 326 | processing of complaints; records.-- |
| 327 | (6)(a) The office or agency to which a complaint has been |
| 328 | referred shall within 30 days acknowledge receipt of the |
| 329 | complaint and report on the disposition made of the complaint. |
| 330 | In the event a complaint has not been disposed of within 30 |
| 331 | days, the receiving office or agency shall file progress reports |
| 332 | with the Division of Consumer Services no less frequently than |
| 333 | 30 days until final disposition. |
| 334 | (b) The report shall contain at least the following |
| 335 | information: |
| 336 | 1. A finding of whether the receiving agency has |
| 337 | jurisdiction of the subject matter involved in the complaint. |
| 338 | 2. Whether the complaint is deemed to be frivolous, sham, |
| 339 | or without basis in fact or law. |
| 340 | 3. What action has been taken and a report on whether the |
| 341 | original complainant was satisfied with the final disposition. |
| 342 | 4. Any recommendation regarding needed changes in law or |
| 343 | procedure which in the opinion of the reporting agency or office |
| 344 | will improve consumer protection in the area involved. |
| 345 | (7)(a) If the office or agency receiving a complaint fails |
| 346 | to file a report as contemplated in this section, that failure |
| 347 | shall be construed as a denial by the receiving office or agency |
| 348 | that it has jurisdiction of the subject matter contained in the |
| 349 | complaint. |
| 350 | (b) If an office or agency receiving a complaint |
| 351 | determines that the matter presents a prima facie case for |
| 352 | criminal prosecution or if the complaint cannot be settled at |
| 353 | the administrative level, the complaint together with all |
| 354 | supporting evidence shall be transmitted to the Department of |
| 355 | Legal Affairs or other appropriate enforcement agency with a |
| 356 | recommendation for civil or criminal action warranted by the |
| 357 | evidence. |
| 358 | (7)(8) The records of the Division of Consumer Services |
| 359 | are public records. However, customer lists, customer names, and |
| 360 | trade secrets are confidential and exempt from the provisions of |
| 361 | s. 119.07(1). Disclosure necessary to enforcement procedures |
| 362 | shall not be construed as violative of this prohibition. |
| 363 | (8)(9) It shall be the duty of the Division of Consumer |
| 364 | Services to maintain records and compile summaries and analyses |
| 365 | of consumer complaints and their eventual disposition, which |
| 366 | data may serve as a basis for recommendations to the Legislature |
| 367 | and to state regulatory agencies. |
| 368 | Section 12. Section 526.3135, Florida Statutes, is |
| 369 | repealed. |
| 370 | Section 13. Subsection (9) of section 616.242, Florida |
| 371 | Statutes, is amended to read: |
| 372 | 616.242 Safety standards for amusement rides.-- |
| 373 | (9) INSURANCE REQUIREMENTS.-- |
| 374 | (a) An owner may not operate an amusement ride unless the |
| 375 | owner has in effect at all times of operation insurance meeting |
| 376 | the following requirements: |
| 377 | 1. An insurance policy in an amount of not less than $1 |
| 378 | million per occurrence, $1 million in the aggregate, which |
| 379 | insures the owner of the amusement ride against liability for |
| 380 | injury to persons arising out of the use of the amusement ride; |
| 381 | or |
| 382 | 2. A bond in a like amount; however, the aggregate |
| 383 | liability of the surety under the bond may not exceed the face |
| 384 | amount thereof. |
| 385 | (b) The policy or bond must be procured from an insurer or |
| 386 | surety that is licensed to transact business in this state or |
| 387 | that is approved as a surplus lines insurer. |
| 388 | (c) The insurance requirements imposed under this |
| 389 | subsection do not apply to a governmental entity that is covered |
| 390 | by the provisions of s. 768.28(16). |
| 391 | Section 14. Except as otherwise expressly provided in this |
| 392 | act, this act shall take effect July 1, 2006. |