Senate Bill sb1952

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    Florida Senate - 2007                                  SB 1952

    By the Committee on Commerce





    577-601D-07

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         493.6203, F.S.; revising requirements for

  5         obtaining a Class "MA," Class "M," or Class "C"

  6         license as a private investigator; revising the

  7         requirements for Class "CC" licensure as an

  8         intern; amending s. 493.6401, F.S.; requiring a

  9         person who conducts Internet-based training or

10         correspondence training for repossessor

11         licensees to have a Class "RS" license;

12         amending s. 493.6406, F.S.; providing

13         requirements for training conducted by a

14         repossession services school or training

15         facility; revising the information required on

16         a licensure application relating to such a

17         school or facility; amending s. 501.921, F.S.;

18         revising the name of the organization that

19         provides standards and test procedures used by

20         the department in adopting rules governing the

21         formulation of antifreeze; amending s. 525.07,

22         F.S.; revising a requirement for testing the

23         accuracy of devices used to measure petroleum

24         fuel; amending s. 526.51, F.S.; revising

25         requirements for registering a brand of brake

26         fluid for sale in the state; requiring an

27         applicant that does not own the brand name of a

28         brake fluid to submit a notarized affidavit to

29         the department in order to register that

30         product; revising the amount of the sample of

31         brake fluid required to be submitted to the

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    Florida Senate - 2007                                  SB 1952
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 1         department; amending s. 527.04, F.S.; revising

 2         provisions requiring proof of liability

 3         insurance coverage prior to licensure under ch.

 4         527, F.S., relating to the sale of liquefied

 5         petroleum gas; amending s. 527.07, F.S.;

 6         prohibiting a person other than the owner or

 7         other authorized person from removing gas from

 8         a liquefied petroleum gas container or

 9         receptacle for any gas or compound; providing

10         an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Present subsection (5) of section 493.6203,

15  Florida Statutes, is renumbered as subsection (6) and amended,

16  present subsection (6) is renumbered as subsection (7), and a

17  new subsection (5) is added to that section, to read:

18         493.6203  License requirements.--In addition to the

19  license requirements set forth elsewhere in this chapter, each

20  individual or agency shall comply with the following

21  additional requirements:

22         (5)  Effective January 1, 2008, an applicant for a

23  Class "MA," Class "M," or Class "C" license must pass an

24  examination that covers the provisions of this chapter and is

25  administered by the department or by a provider approved by

26  the department. The applicant must pass the examination before

27  applying for licensure and must submit proof with the license

28  application on a form approved by rule of the department that

29  he or she has passed the examination. The administrator of the

30  examination shall verify the identity of each applicant taking

31  the examination.

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    Florida Senate - 2007                                  SB 1952
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 1         (a)  The examination requirement in this subsection

 2  does not apply to an individual who holds a valid Class "CC,"

 3  Class "C," Class "MA," or Class "M" license.

 4         (b)  Notwithstanding the exemption provided in

 5  paragraph (a), if the license of an applicant for relicensure

 6  has been invalid for more than 1 year, the applicant must take

 7  and pass the examination.

 8         (c)  The department shall establish by rule the content

 9  of the examination, the manner and procedure of its

10  administration, and an examination fee that may not exceed

11  $100.

12         (6)(a)(5)  A Class "CC" licensee shall serve an

13  internship under the direction and control of a designated

14  sponsor, who is a Class "C," Class "MA," or Class "M"

15  licensee.

16         (b)  Effective September 1, 2008, an applicant for a

17  Class "CC" license must have completed at least 24 hours of a

18  40-hour course pertaining to general investigative techniques

19  and this chapter, which course is offered by a school,

20  community college, college, or university that falls within

21  the purview of the Department of Education, and the applicant

22  must pass an examination. The certificate evidencing

23  satisfactory completion of at least 24 hours of a 40 hour

24  course must be submitted with the application for a Class "CC"

25  license. The remaining 16 hours must be completed and an

26  examination passed within 180 days. If documentation of

27  completion of the required training is not submitted within

28  the specified timeframe, the individual's license is

29  automatically suspended or his or her authority to work as a

30  Class "CC" pursuant to s. 493.6105(9) is rescinded until such

31  time as proof of certificate of completion is provided to the

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 1  department. The training course specified in this paragraph

 2  may be provided by face-to-face presentation, on-line

 3  technology, or a home study course in accordance with rules

 4  and procedures of the Department of Education. The

 5  administrator of the examination must verify the identity of

 6  each applicant taking the examination.

 7         1.  Upon an applicant's successful completion of each

 8  part of the approved course and passage of any required

 9  examination, the school, community college, college, or

10  university shall issue a certificate of completion to the

11  applicant. The certificates must be on a form established by

12  rule of the department.

13         2.  The department shall establish by rule the general

14  content of the training course and the examination criteria.

15         3.  If the license of an applicant for relicensure has

16  been invalid for more than 1 year, the applicant must complete

17  the required training and pass any required examination.

18         Section 2.  Subsection (7) of section 493.6401, Florida

19  Statutes, is amended to read:

20         493.6401  Classes of licenses.--

21         (7)  Any person who operates a repossessor school or

22  training facility or who conducts an Internet-based training

23  course or a correspondence training course must shall have a

24  Class "RS" license.

25         Section 3.  Subsection (1) and paragraph (b) of

26  subsection (2) of section 493.6406, Florida Statutes, are

27  amended to read:

28         493.6406  Repossession services school or training

29  facility.--

30         (1)  Any school, training facility, or instructor who

31  offers the training outlined in s. 493.6403(2) for Class "EE"

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 1  applicants shall, before licensure of such school, training

 2  facility, or instructor, file with the department an

 3  application accompanied by an application fee in an amount to

 4  be determined by rule, not to exceed $60.  The fee shall not

 5  be refundable. This training may be offered as face-to-face

 6  training, Internet-based training, or correspondence training.

 7         (2)  The application shall be signed and notarized and

 8  shall contain, at a minimum, the following information:

 9         (b)  The street address of the place at which the

10  training is to be conducted or the street address of the Class

11  "RS" school offering Internet-based or correspondence

12  training.

13         Section 4.  Section 501.921, Florida Statutes, is

14  amended to read:

15         501.921  Standards.--The department's rules for

16  standards, definitions, and test procedures for antifreeze may

17  encompass those specified by ASTM International the American

18  Society for Testing and Materials. The department may adopt

19  any other specification it considers appropriate to protect

20  consumers from questionable formulations of antifreeze.

21         Section 5.  Subsection (9) of section 525.07, Florida

22  Statutes, is amended to read:

23         525.07  Powers and duties of department; inspections;

24  unlawful acts.--

25         (9)  All persons and service agencies that adjust the

26  accuracy of a petroleum fuel measuring device must use test

27  measures that have been calibrated with standards traceable to

28  the National Institute of Standards and Technology within 1

29  year prior to the date of the adjustment for volumes of less

30  than 500 gallons and within 3 years before the date of the

31  adjustment for volumes of 500 gallons or more.

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    Florida Senate - 2007                                  SB 1952
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 1         Section 6.  Subsection (1) of section 526.51, Florida

 2  Statutes, is amended to read:

 3         526.51  Registration; renewal and fees; departmental

 4  expenses; cancellation or refusal to issue or renew.--

 5         (1)(a)  Application for registration of each brand of

 6  brake fluid shall be made on forms to be supplied by the

 7  department.  The applicant shall give his or her name and

 8  address and, the brand name of the brake fluid, state that he

 9  or she owns the said brand name and has complete control over

10  the product sold thereunder in Florida, and provide the name

11  and address of resident agent in Florida. If the applicant

12  does not own the brand name but wishes to register the product

13  with the department, a notarized affidavit that gives the

14  applicant full authorization to register the brand name and

15  that is signed by the owner of the brand name must accompany

16  the application for registration. The affidavit must include

17  all affected brand names, the owner's company or corporate

18  name and address, the applicant's company or corporate name

19  and address, and a statement from the owner authorizing the

20  applicant to register the product with the department. The

21  owner of the brand name shall maintain complete control over

22  each product sold under that brand name in this state. All new

23  product applications must Application shall be accompanied by

24  a certified report from of an independent testing laboratory,

25  setting forth the analysis of the said brake fluid which shall

26  show its quality to be not less than the specifications

27  established by the department for brake fluids.  A sample of

28  not less than 24 fluid ounces one-half gallon of brake fluid

29  shall be submitted, in a container or containers, with labels

30  representing labeled exactly how the as containers of brake

31  fluid will be labeled when sold, and the such sample and

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    Florida Senate - 2007                                  SB 1952
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 1  container shall be analyzed and inspected by the Division of

 2  Standards in order that compliance with the department's

 3  specifications and labeling requirements may be verified.

 4  Upon approval of the such application, the department shall

 5  register the brand name of the such brake fluid and issue to

 6  the applicant a permit authorizing the registrant to sell the

 7  such brake fluid in this state during the permit year

 8  specified in the permit.

 9         (b)  Each applicant shall pay a fee of $100 with each

10  application.  A permit may be renewed by application to the

11  department, accompanied by a renewal fee of $50 on or before

12  the last day of the permit year immediately preceding the

13  permit year for which application is made for renewal of

14  registration.  To any fee not paid when due, there shall

15  accrue a penalty of $25 which shall be added to the renewal

16  fee.  Renewals will be accepted only on brake fluids that

17  which have no change in formula, composition or brand name.

18  Any change in formula, composition or brand name of any brake

19  fluid constitutes shall constitute a new product that must

20  which shall be registered in accordance with the provisions of

21  this part.

22         Section 7.  Section 527.04, Florida Statutes, is

23  amended to read:

24         527.04  Proof of insurance required.--

25         (1)  Before any license is issued, except to a dealer

26  in appliances and equipment for use of liquefied petroleum gas

27  or a category III liquefied petroleum gas cylinder exchange

28  operator, the applicant must deliver to the department

29  satisfactory evidence that the applicant is covered by a

30  primary policy of bodily injury liability and property damage

31  liability insurance that covers the products and operations

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 1  with respect to such business and is issued by an insurer

 2  authorized to do business in this state for an amount not less

 3  than $1 million and that the premium on such insurance is

 4  paid. An insurance certificate, affidavit, or other

 5  satisfactory evidence of acceptable insurance coverage shall

 6  be accepted as proof of insurance. In lieu of an insurance

 7  policy, the applicant may deliver a good and sufficient bond

 8  in the amount of $1 million, payable to the Governor of

 9  Florida, with the applicant as principal and a surety company

10  authorized to do business in this state as surety.  The bond

11  must be conditioned upon the applicant's principal's

12  compliance with the provisions of this chapter and the rules

13  of the department with respect to the conduct of such business

14  and shall indemnify and hold harmless all persons from loss or

15  damage by reason of the applicant's principal's failure to

16  comply.  However, the aggregated liability of the surety may

17  not exceed $1 million.  If the insurance policy is canceled or

18  otherwise terminated or the bond becomes insufficient, the

19  department may require new proof of insurance or a new bond to

20  be filed, and if the licenseholder principal fails to comply

21  do so, the department shall cancel the license issued and give

22  the licenseholder principal written notice that it is unlawful

23  to engage in business without a license. If the applicant

24  furnishes satisfactory evidence that he or she is covered by a

25  primary policy of bodily injury liability and property damage

26  liability insurance covering the products and operations with

27  respect to such business, issued by an insurer authorized to

28  do business in the state, for an amount not less than $1

29  million and that the premiums on such insurance are paid, an

30  insurance affidavit or other satisfactory evidence of

31  acceptable insurance coverage shall be accepted in lieu of the

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 1  bond. A new bond is not required as long as the original bond

 2  remains sufficient and in force.  If the licenseholder's

 3  insurance coverage coverages as required by this subsection is

 4  are canceled or otherwise terminated, the insurer must notify

 5  the department within 30 days after the such cancellation or

 6  termination.

 7         (2)  Before any license is issued to a class III

 8  liquefied petroleum gas cylinder exchange operator, the

 9  applicant must deliver to the department satisfactory evidence

10  that the applicant is covered by a primary policy of bodily

11  injury liability and property damage liability insurance that

12  covers the products and operations with respect to the

13  business and is issued by an insurer authorized to do business

14  in this state for an amount not less than $300,000 and that

15  the premium on the insurance is paid. An insurance

16  certificate, affidavit, or other satisfactory evidence of

17  acceptable insurance coverage shall be accepted as proof of

18  insurance. In lieu of an insurance policy, the applicant may

19  deliver a good and sufficient bond in the amount of $300,000,

20  payable to the Governor, with the applicant as principal and a

21  surety company authorized to do business in this state as

22  surety.  The bond must be conditioned upon the applicant's

23  principal's compliance with this chapter and the rules of the

24  department with respect to the conduct of such business and

25  must indemnify and hold harmless all persons from loss or

26  damage by reason of the applicant's principal's failure to

27  comply.  However, the aggregated liability of the surety may

28  not exceed $300,000.  If the insurance policy is canceled or

29  otherwise terminated or the bond becomes insufficient, the

30  department may require new proof of insurance or a new bond to

31  be filed, and if the licenseholder principal fails to comply

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 1  do so, the department shall cancel the license issued and give

 2  the licenseholder principal written notice that it is unlawful

 3  to engage in business without a license. If the applicant

 4  furnishes satisfactory evidence that he or she is covered by a

 5  primary policy of bodily injury liability and property damage

 6  liability insurance covering the products and operations with

 7  respect to such business, issued by an insurer authorized to

 8  do business in the state, for an amount not less than $300,000

 9  and that the premiums on such insurance are paid, an insurance

10  affidavit or other satisfactory evidence of acceptable

11  insurance coverage shall be accepted in lieu of the bond. A

12  new bond is not required as long as the original bond remains

13  sufficient and in force.  If the licenseholder's insurance

14  coverage coverages required by this subsection is are canceled

15  or otherwise terminated, the insurer must notify the

16  department within 30 days after the such cancellation or

17  termination.

18         (3)  Any person having a cause of action on the such

19  bond may bring suit against the principal and surety, and a

20  copy of such bond duly certified by the department shall be

21  received in evidence in the courts of this state without

22  further proof.  The department shall furnish a certified copy

23  of such bond upon payment to it of its lawful fee for making

24  and certifying such copy.

25         Section 8.  Section 527.07, Florida Statutes, is

26  amended to read:

27         527.07  Restriction on use of containers.--A No person,

28  other than the owner and those authorized by the owner, may

29  not shall sell, fill, refill, remove gas from, deliver, permit

30  to be delivered, or use in any manner any liquefied petroleum

31  

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 1  gas container or receptacle for any gas or compound, or for

 2  any other purpose.

 3         Section 9.  This act shall take effect July 1, 2007.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Revises the requirements for obtaining a Class "C"
      license as a private investigator and for obtaining Class
 8    "CC" licensure as an intern. Requires that a person
      conducting Internet-based or correspondence training for
 9    repossessor licensees hold a Class "RS" license. Provides
      requirements for schools and training facilities that
10    conduct training in repossession services. Revises
      requirements for testing the accuracy of devices used to
11    measure petroleum fuel. Revises requirements for
      registering a brand of brake fluid with the department
12    for sale in the state. Revises requirements that a person
      licensed under ch. 527, F.S., governing the sale of
13    liquefied petroleum gas, maintain liability insurance
      coverage of a specified amount. Prohibits a person other
14    than the owner or other authorized person from removing
      gas from a liquefied petroleum gas container or
15    receptacle.

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