CS/HB 1197

1
A bill to be entitled
2An act relating to relating to the Department of
3Agriculture and Consumer Services; amending s. 493.6203,
4F.S.; revising requirements for obtaining a Class "MA,"
5Class "M," or Class "C" license as a private investigator;
6revising the requirements for Class "CC" licensure as an
7intern; amending s. 493.6401, F.S.; requiring a person who
8conducts Internet-based training or correspondence
9training for repossessor licensees to have a Class "RS"
10license; amending s. 493.6406, F.S.; providing
11requirements for training conducted by a repossession
12services school or training facility; revising the
13information required on a licensure application relating
14to such a school or facility; amending s. 501.921, F.S.;
15revising the name of the organization that provides
16standards and test procedures used by the department in
17adopting rules governing the formulation of antifreeze;
18amending s. 525.07, F.S.; revising a requirement for
19testing the accuracy of devices used to measure petroleum
20fuel; amending s. 526.51, F.S.; revising requirements for
21registering a brand of brake fluid for sale in the state;
22requiring an applicant that does not own the brand name of
23a brake fluid to submit a notarized affidavit to the
24department in order to register that product; revising the
25amount of the sample of brake fluid required to be
26submitted to the department; amending s. 527.04, F.S.;
27revising provisions requiring proof of liability insurance
28coverage prior to licensure under ch. 527, F.S., relating
29to the sale of liquefied petroleum gas; amending s.
30527.07, F.S.; prohibiting a person other than the owner or
31other authorized person from removing gas from a liquefied
32petroleum gas container or receptacle for any gas or
33compound; providing an appropriation; providing an
34effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Subsection (5) of section 493.6203, Florida
39Statutes, is renumbered as subsection (6) and amended, present
40subsection (6) is renumbered as subsection (7), and a new
41subsection (5) is added to that section, to read:
42     493.6203  License requirements.--In addition to the license
43requirements set forth elsewhere in this chapter, each
44individual or agency shall comply with the following additional
45requirements:
46     (5)  Effective January 1, 2008, an applicant for a Class
47"MA," Class "M," or Class "C" license must pass an examination
48that covers the provisions of this chapter and is administered
49by the department or by a provider approved by the department.
50The applicant must pass the examination before applying for
51licensure and shall submit proof with the license application on
52a form approved by rule of the department that he or she has
53passed the examination. The administrator of the examination
54must verify the identity of each applicant taking the
55examination.
56     (a)  The examination requirement in this subsection does
57not apply to an individual who holds a valid Class "CC," Class
58"C," Class "MA," or Class "M" license.
59     (b)  Notwithstanding the exemption provided in paragraph
60(a), if the license of an applicant for relicensure has been
61invalid for more than 1 year, the applicant must take and pass
62the examination.
63     (c)  The department shall establish by rule the content of
64the examination, the manner and procedure of its administration,
65and an examination fee that may not exceed $100.
66     (6)(a)(5)  A Class "CC" licensee shall serve an internship
67under the direction and control of a designated sponsor, who is
68a Class "C," Class "MA," or Class "M" licensee.
69     (b)  Effective September 1, 2008, an applicant for a Class
70"CC" license must have completed at least 24 hours of a 40-hour
71course pertaining to general investigative techniques and this
72chapter, which course is offered by a state university or by a
73school, community college, college, or university under the
74purview of the Department of Education, and must pass an
75examination. The certificate evidencing satisfactory completion
76of at least 24 hours of a 40-hour course must be submitted with
77the application for a Class "CC" license. The remaining 16 hours
78must be completed and an examination passed within 180 days. If
79documentation of completion of the required training is not
80submitted within the specified timeframe, the individual's
81license is automatically suspended or his or her authority to
82work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
83until such time as proof of certificate of completion is
84provided to the department. The training course specified in
85this paragraph may be provided by face-to-face presentation, on-
86line technology, or a home study course in accordance with rules
87and procedures of the Department of Education. The administrator
88of the examination must verify the identity of each applicant
89taking the examination.
90     1.  Upon an applicant's successful completion of each part
91of the approved course and passage of any required examination,
92the school, community college, college, or university shall
93issue a certificate of completion to the applicant. The
94certificates must be on a form established by rule of the
95department.
96     2.  The department shall establish by rule the general
97content of the training course and the examination criteria.
98     3.  If the license of an applicant for relicensure has been
99invalid for more than 1 year, the applicant must complete the
100required training and pass any required examination.
101     Section 2.  Subsection (7) of section 493.6401, Florida
102Statutes, is amended to read:
103     493.6401  Classes of licenses.--
104     (7)  Any person who operates a repossessor school or
105training facility or who conducts an Internet-based training
106course or a correspondence training course must shall have a
107Class "RS" license.
108     Section 3.  Subsection (1) and paragraph (b) of subsection
109(2) of section 493.6406, Florida Statutes, are amended to read:
110     493.6406  Repossession services school or training
111facility.--
112     (1)  Any school, training facility, or instructor who
113offers the training outlined in s. 493.6403(2) for Class "EE"
114applicants shall, before licensure of such school, training
115facility, or instructor, file with the department an application
116accompanied by an application fee in an amount to be determined
117by rule, not to exceed $60. The fee shall not be refundable.
118This training may be offered as face-to-face training, Internet-
119based training, or correspondence training.
120     (2)  The application shall be signed and notarized and
121shall contain, at a minimum, the following information:
122     (b)  The street address of the place at which the face-to-
123face training is to be conducted or the street address of the
124Class "RS" school offering Internet-based or correspondence
125training.
126     Section 4.  Section 501.921, Florida Statutes, is amended
127to read:
128     501.921  Standards.--The department's rules for standards,
129definitions, and test procedures for antifreeze may encompass
130those specified by ASTM International the American Society for
131Testing and Materials. The department may adopt any other
132specification it considers appropriate to protect consumers from
133questionable formulations of antifreeze.
134     Section 5.  Subsection (9) of section 525.07, Florida
135Statutes, is amended to read:
136     525.07  Powers and duties of department; inspections;
137unlawful acts.--
138     (9)  All persons and service agencies that adjust the
139accuracy of a petroleum fuel measuring device must use test
140measures that have been calibrated with standards traceable to
141the National Institute of Standards and Technology within 1 year
142prior to the date of the adjustment for volumes of less than 500
143gallons and within 3 years prior to the date of the adjustment
144for volumes of 500 gallons or more.
145     Section 6.  Subsection (1) of section 526.51, Florida
146Statutes, is amended to read:
147     526.51  Registration; renewal and fees; departmental
148expenses; cancellation or refusal to issue or renew.--
149     (1)(a)  Application for registration of each brand of brake
150fluid shall be made on forms to be supplied by the department.
151The applicant shall give his or her name and address and, the
152brand name of the brake fluid, state that he or she owns the
153said brand name and has complete control over the product sold
154thereunder in Florida, and provide the name and address of the
155resident agent in Florida. If the applicant does not own the
156brand name but wishes to register the product with the
157department, a notarized affidavit that gives the applicant full
158authorization to register the brand name and that is signed by
159the owner of the brand name must accompany the application for
160registration. The affidavit must include all affected brand
161names, the owner's company or corporate name and address, the
162applicant's company or corporate name and address, and a
163statement from the owner authorizing the applicant to register
164the product with the department. The owner of the brand name
165shall maintain complete control over each product sold under
166that brand name in this state. All new product applications must
167Application shall be accompanied by a certified report from of
168an independent testing laboratory, setting forth the analysis of
169the said brake fluid, which shall show its quality to be not
170less than the specifications established by the department for
171brake fluids. A sample of not less than 24 fluid ounces one-half
172gallon of brake fluid shall be submitted, in a container or
173containers, with labels representing labeled exactly how the as
174containers of brake fluid will be labeled when sold, and such
175sample and container shall be analyzed and inspected by the
176Division of Standards in order that compliance with the
177department's specifications and labeling requirements may be
178verified. Upon approval of such application, the department
179shall register the brand name of such brake fluid and issue to
180the applicant a permit authorizing the registrant to sell such
181brake fluid in this state during the permit year specified in
182the permit.
183     (b)  Each applicant shall pay a fee of $100 with each
184application. A permit may be renewed by application to the
185department, accompanied by a renewal fee of $50 on or before the
186last day of the permit year immediately preceding the permit
187year for which application is made for renewal of registration.
188To any fee not paid when due, there shall accrue a penalty of
189$25 which shall be added to the renewal fee. Renewals will be
190accepted only on brake fluids that which have no change in
191formula, composition, or brand name. Any change in formula,
192composition, or brand name of any brake fluid constitutes shall
193constitute a new product that must which shall be registered in
194accordance with the provisions of this part.
195     Section 7.  Section 527.04, Florida Statutes, is amended to
196read:
197     527.04  Proof of insurance required.--
198     (1)  Before any license is issued, except to a dealer in
199appliances and equipment for use of liquefied petroleum gas or a
200category III liquefied petroleum gas cylinder exchange operator,
201the applicant must deliver to the department satisfactory
202evidence that the applicant is covered by a primary policy of
203bodily injury liability and property damage liability insurance
204that covers the products and operations with respect to such
205business and is issued by an insurer authorized to do business
206in this state for an amount not less than $1 million and that
207the premium on such insurance is paid. An insurance certificate,
208affidavit, or other satisfactory evidence of acceptable
209insurance coverage shall be accepted as proof of insurance. In
210lieu of an insurance policy, the applicant may deliver a good
211and sufficient bond in the amount of $1 million, payable to the
212Governor of Florida, with the applicant as principal and a
213surety company authorized to do business in this state as
214surety. The bond must be conditioned upon the applicant's
215principal's compliance with the provisions of this chapter and
216the rules of the department with respect to the conduct of such
217business and shall indemnify and hold harmless all persons from
218loss or damage by reason of the applicant's principal's failure
219to comply. However, the aggregated liability of the surety may
220not exceed $1 million. If the insurance policy is canceled or
221otherwise terminated or the bond becomes insufficient, the
222department may require new proof of insurance or a new bond to
223be filed, and, if the licenseholder principal fails to comply do
224so, the department shall cancel the license issued and give the
225licenseholder principal written notice that it is unlawful to
226engage in business without a license. If the applicant furnishes
227satisfactory evidence that he or she is covered by a primary
228policy of bodily injury liability and property damage liability
229insurance covering the products and operations with respect to
230such business, issued by an insurer authorized to do business in
231the state, for an amount not less than $1 million and that the
232premiums on such insurance are paid, an insurance affidavit or
233other satisfactory evidence of acceptable insurance coverage
234shall be accepted in lieu of the bond. A new bond is not
235required as long as the original bond remains sufficient and in
236force. If the licenseholder's insurance coverage coverages as
237required by this subsection is are canceled or otherwise
238terminated, the insurer must notify the department within 30
239days after such cancellation or termination.
240     (2)  Before any license is issued to a class III liquefied
241petroleum gas cylinder exchange operator, the applicant must
242deliver to the department satisfactory evidence that the
243applicant is covered by a primary policy of bodily injury
244liability and property damage liability insurance that covers
245the products and operations with respect to such business and is
246issued by an insurer authorized to do business in this state for
247an amount not less than $300,000 and that the premium on such
248insurance is paid. An insurance certificate, affidavit, or other
249satisfactory evidence of acceptable insurance coverage shall be
250accepted as proof of insurance. In lieu of an insurance policy,
251the applicant may deliver a good and sufficient bond in the
252amount of $300,000, payable to the Governor, with the applicant
253as principal and a surety company authorized to do business in
254this state as surety. The bond must be conditioned upon the
255applicant's principal's compliance with this chapter and the
256rules of the department with respect to the conduct of such
257business and must indemnify and hold harmless all persons from
258loss or damage by reason of the applicant's principal's failure
259to comply. However, the aggregated liability of the surety may
260not exceed $300,000. If the insurance policy is canceled or
261otherwise terminated or the bond becomes insufficient, the
262department may require new proof of insurance or a new bond to
263be filed, and, if the licenseholder principal fails to comply do
264so, the department shall cancel the license issued and give the
265licenseholder principal written notice that it is unlawful to
266engage in business without a license. If the applicant furnishes
267satisfactory evidence that he or she is covered by a primary
268policy of bodily injury liability and property damage liability
269insurance covering the products and operations with respect to
270such business, issued by an insurer authorized to do business in
271the state, for an amount not less than $300,000 and that the
272premiums on such insurance are paid, an insurance affidavit or
273other satisfactory evidence of acceptable insurance coverage
274shall be accepted in lieu of the bond. A new bond is not
275required as long as the original bond remains sufficient and in
276force. If the licenseholder's insurance coverage coverages
277required by this subsection is are canceled or otherwise
278terminated, the insurer must notify the department within 30
279days after such cancellation or termination.
280     (3)  Any person having a cause of action on such bond may
281bring suit against the principal and surety, and a copy of such
282bond duly certified by the department shall be received in
283evidence in the courts of this state without further proof. The
284department shall furnish a certified copy of such bond upon
285payment to it of its lawful fee for making and certifying such
286copy.
287     Section 8.  Section 527.07, Florida Statutes, is amended to
288read:
289     527.07  Restriction on use of containers.--No person, other
290than the owner and those authorized by the owner, shall sell,
291fill, refill, remove gas from, deliver, permit to be delivered,
292or use in any manner any liquefied petroleum gas container or
293receptacle for any gas or compound, or for any other purpose.
294     Section 9.  The sum of $58,559 is appropriated for the
2952007-2008 fiscal year from the Licensing Trust Fund to the
296Department of Agriculture and Consumer Services for the purpose
297of developing curriculum and administering examinations to
298applicants for licensure as private investigators.
299     Section 10.  This act shall take effect July 1, 2007.


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