Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1916
       
       
       
       
       
       
                                Barcode 749088                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/29/2011           .                                
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       The Committee on Commerce and Tourism (Detert) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 14.26, Florida
    6  Statutes, is amended to read:
    7         14.26 Citizen’s Assistance Office.—
    8         (4) The Citizen’s Assistance Office shall refer consumer
    9  oriented complaints to the Division of Consumer Protection
   10  Services of the Department of Agriculture and Consumer Services.
   11         Section 2. Paragraph (e) of subsection (2) of section
   12  20.14, Florida Statutes, is amended to read:
   13         20.14 Department of Agriculture and Consumer Services.
   14  There is created a Department of Agriculture and Consumer
   15  Services.
   16         (2) The following divisions of the Department of
   17  Agriculture and Consumer Services are established:
   18         (e) Consumer Protection Services.
   19         Section 3. Paragraph (q) of subsection (8) of section
   20  213.053, Florida Statutes, as amended by chapter 2010-280, Laws
   21  of Florida, is amended to read:
   22         213.053 Confidentiality and information sharing.—
   23         (8) Notwithstanding any other provision of this section,
   24  the department may provide:
   25         (q) Names, addresses, and sales tax registration
   26  information to the Division of Consumer Protection Services of
   27  the Department of Agriculture and Consumer Services in the
   28  conduct of its official duties.
   29  
   30  Disclosure of information under this subsection shall be
   31  pursuant to a written agreement between the executive director
   32  and the agency. Such agencies, governmental or nongovernmental,
   33  shall be bound by the same requirements of confidentiality as
   34  the Department of Revenue. Breach of confidentiality is a
   35  misdemeanor of the first degree, punishable as provided by s.
   36  775.082 or s. 775.083.
   37         Section 4. Paragraphs (a) and (b) of subsection (2) of
   38  section 320.275, Florida Statutes, are amended to read:
   39         320.275 Automobile Dealers Industry Advisory Board.—
   40         (2) MEMBERSHIP, TERMS, MEETINGS.—
   41         (a) The board shall be composed of 12 members. The
   42  executive director of the Department of Highway Safety and Motor
   43  Vehicles shall appoint the members from names submitted by the
   44  entities for the designated categories the member will
   45  represent. The executive director shall appoint one
   46  representative of the Department of Highway Safety and Motor
   47  Vehicles, who must represent the Division of Motor Vehicles; two
   48  representatives of the independent motor vehicle industry as
   49  recommended by the Florida Independent Automobile Dealers
   50  Association; two representatives of the franchise motor vehicle
   51  industry as recommended by the Florida Automobile Dealers
   52  Association; one representative of the auction motor vehicle
   53  industry who is from an auction chain and is recommended by a
   54  group affiliated with the National Auto Auction Association; one
   55  representative of the auction motor vehicle industry who is from
   56  an independent auction and is recommended by a group affiliated
   57  with the National Auto Auction Association; one representative
   58  from the Department of Revenue; a Florida tax collector
   59  representative recommended by the Florida Tax Collectors
   60  Association; one representative from the Better Business Bureau;
   61  one representative from the Department of Agriculture and
   62  Consumer Services, who must represent the Division of Consumer
   63  Protection Services; and one representative of the insurance
   64  industry who writes motor vehicle dealer surety bonds.
   65         (b)1. The executive director shall appoint the following
   66  initial members to 1-year terms: one representative from the
   67  motor vehicle auction industry who represents an auction chain,
   68  one representative from the independent motor vehicle industry,
   69  one representative from the franchise motor vehicle industry,
   70  one representative from the Department of Revenue, one Florida
   71  tax collector, and one representative from the Better Business
   72  Bureau.
   73         2. The executive director shall appoint the following
   74  initial members to 2-year terms: one representative from the
   75  motor vehicle auction industry who represents an independent
   76  auction, one representative from the independent motor vehicle
   77  industry, one representative from the franchise motor vehicle
   78  industry, one representative from the Division of Consumer
   79  Protection Services, one representative from the insurance
   80  industry, and one representative from the Division of Motor
   81  Vehicles.
   82         3. As the initial terms expire, the executive director
   83  shall appoint successors from the same designated category for
   84  terms of 2 years. If renominated, a member may succeed himself
   85  or herself.
   86         4. The board shall appoint a chair and vice chair at its
   87  initial meeting and every 2 years thereafter.
   88         Section 5. Section 320.90, Florida Statutes, is amended to
   89  read:
   90         320.90 Notification of consumer’s rights.—The department
   91  shall develop a motor vehicle consumer’s rights pamphlet which
   92  shall be distributed free of charge by the Department of
   93  Agriculture and Consumer Services to the motor vehicle owner
   94  upon request. Such pamphlet must contain information relating to
   95  odometer fraud and provide a summary of the rights and remedies
   96  available to all purchasers of motor vehicles.
   97         Section 6. Section 366.85, Florida Statutes, is amended to
   98  read:
   99         366.85 Responsibilities of Division of Consumer Protection
  100  Services.—The Division of Consumer Protection Services of the
  101  Department of Agriculture and Consumer Services is shall be the
  102  agency responsible for consumer conciliatory conferences, if
  103  such conferences are required pursuant to federal law. The
  104  division shall also be the agency responsible for preparing
  105  lists of sources for energy conservation products or services
  106  and of financial institutions offering energy conservation
  107  loans, if such lists are required pursuant to federal law.
  108  Notwithstanding any provision of federal law to the contrary,
  109  the division shall not require any manufacturer’s warranty
  110  exceeding 1 year in order for a source of conservation products
  111  or services to be included on the appropriate list. The lists
  112  shall be prepared for the service area of each utility and shall
  113  be furnished to each utility for distribution to its customers.
  114  The division shall update the lists on a systematic basis and
  115  shall remove from any list any person who has been disciplined
  116  by any state agency or who has otherwise exhibited a pattern of
  117  unsatisfactory work and any person who requests removal from
  118  such lists. The division may is authorized to adopt rules to
  119  implement the provisions of this section.
  120         Section 7. Section 493.6105, Florida Statutes, is amended
  121  to read:
  122         493.6105 Initial application for license.—
  123         (1) Each individual, partner, or principal officer in a
  124  corporation, shall file with the department a complete
  125  application accompanied by an application fee not to exceed $60,
  126  except that the applicant for a Class “D” or Class “G” license
  127  is shall not be required to submit an application fee. The
  128  application fee is shall not be refundable.
  129         (a) The application submitted by any individual, partner,
  130  or corporate officer must shall be approved by the department
  131  before the prior to that individual, partner, or corporate
  132  officer assumes assuming his or her duties.
  133         (b) Individuals who invest in the ownership of a licensed
  134  agency, but do not participate in, direct, or control the
  135  operations of the agency are shall not be required to file an
  136  application.
  137         (2) Each application must shall be signed and verified by
  138  the individual under oath as provided in s. 92.525 and shall be
  139  notarized.
  140         (3) The application must shall contain the following
  141  information concerning the individual signing the application
  142  same:
  143         (a) Name and any aliases.
  144         (b) Age and date of birth.
  145         (c) Place of birth.
  146         (d) Social security number or alien registration number,
  147  whichever is applicable.
  148         (e) Current Present residence address and mailing address
  149  his or her residence addresses within the 5 years immediately
  150  preceding the submission of the application.
  151         (f) Occupations held presently and within the 5 years
  152  immediately preceding the submission of the application.
  153         (f)(g) A statement of all criminal convictions, findings of
  154  guilt, and pleas of guilty or nolo contendere, regardless of
  155  adjudication of guilt. An applicant for a Class “G” or Class “K”
  156  license who is younger than 24 years of age shall also include a
  157  statement regarding any finding of having committed a delinquent
  158  act in any state, territory, or country which would be a felony
  159  if committed by an adult and which is punishable by imprisonment
  160  for a term exceeding 1 year.
  161         (g) One passport-type color photograph taken within the 6
  162  months immediately preceding submission of the application.
  163         (h) A statement whether he or she has ever been adjudicated
  164  incompetent under chapter 744.
  165         (i) A statement whether he or she has ever been committed
  166  to a mental institution under chapter 394.
  167         (j) A full set of fingerprints on a card provided by the
  168  department and a fingerprint fee to be established by rule of
  169  the department based upon costs determined by state and federal
  170  agency charges and department processing costs. An applicant who
  171  has, within the immediately preceding 6 months, submitted a
  172  fingerprint card and fee for licensing purposes under this
  173  chapter is shall not be required to submit another fingerprint
  174  card or fee.
  175         (k) A personal inquiry waiver that which allows the
  176  department to conduct necessary investigations to satisfy the
  177  requirements of this chapter.
  178         (l) Such further facts as may be required by the department
  179  to show that the individual signing the application is of good
  180  moral character and qualified by experience and training to
  181  satisfy the requirements of this chapter.
  182         (4) In addition to the application requirements outlined in
  183  subsection (3), the applicant for a Class “C,” Class “CC,” Class
  184  “E,” Class “EE,” or Class “G” license shall submit two color
  185  photographs taken within the 6 months immediately preceding the
  186  submission of the application, which meet specifications
  187  prescribed by rule of the department. All other applicants shall
  188  submit one photograph taken within the 6 months immediately
  189  preceding the submission of the application.
  190         (4)(5) In addition to the application requirements outlined
  191  under subsection (3), the applicant for a Class “C,” Class “E,”
  192  Class “M,” Class “MA,” Class “MB,” or Class “MR” license must
  193  shall include a statement on a form provided by the department
  194  of the experience that which he or she believes will qualify him
  195  or her for such license.
  196         (5)(6) In addition to the requirements outlined in
  197  subsection (3), an applicant for a Class “G” license must shall
  198  satisfy minimum training criteria for firearms established by
  199  rule of the department, which training criteria includes shall
  200  include, but is not limited to, 28 hours of range and classroom
  201  training taught and administered by a Class “K” licensee;
  202  however, no more than 8 hours of such training shall consist of
  203  range training. If the applicant submits can show proof that he
  204  or she is an active law enforcement officer currently certified
  205  under the Criminal Justice Standards and Training Commission or
  206  has completed the training required for that certification
  207  within the last 12 months, or if the applicant submits one of
  208  the certificates specified in paragraph (6)(a) (7)(a), the
  209  department may waive the foregoing firearms training
  210  requirement.
  211         (6)(7) In addition to the requirements under subsection
  212  (3), an applicant for a Class “K” license must shall:
  213         (a) Submit one of the following certificates:
  214         1. The Florida Criminal Justice Standards and Training
  215  Commission Instructor Firearms Instructor’s Certificate and
  216  written confirmation by the commission that the applicant
  217  possesses an active firearms certification.
  218         2. The National Rifle Association Police Firearms
  219  Instructor’s Certificate.
  220         2.3. The National Rifle Association Private Security
  221  Firearm Instructor Firearms Instructor’s Certificate.
  222         3.4. A firearms instructor instructor’s certificate issued
  223  by from a federal law enforcement agency, state, county, or
  224  municipal police academy in this state recognized as such by the
  225  Criminal Justice Standards and Training Commission or by the
  226  Department of Education.
  227         (b) Pay the fee for and pass an examination administered by
  228  the department which shall be based upon, but is not necessarily
  229  limited to, a firearms instruction manual provided by the
  230  department.
  231         (7)(8) In addition to the application requirements for
  232  individuals, partners, or officers outlined under subsection
  233  (3), the application for an agency license must shall contain
  234  the following information:
  235         (a) The proposed name under which the agency intends to
  236  operate.
  237         (b) The street address, mailing address, and telephone
  238  numbers of the principal location at which business is to be
  239  conducted in this state.
  240         (c) The street address, mailing address, and telephone
  241  numbers of all branch offices within this state.
  242         (d) The names and titles of all partners or, in the case of
  243  a corporation, the names and titles of its principal officers.
  244         (8)(9) Upon submission of a complete application, a Class
  245  “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
  246  Class “MA,” Class “MB,” or Class “MR” applicant may commence
  247  employment or appropriate duties for a licensed agency or branch
  248  office. However, the Class “C” or Class “E” applicant must work
  249  under the direction and control of a sponsoring licensee while
  250  his or her application is being processed. If the department
  251  denies application for licensure, the employment of the
  252  applicant must be terminated immediately, unless he or she
  253  performs only unregulated duties.
  254         Section 8. Paragraph (f) of subsection (1) and paragraph
  255  (a) of subsection (2) of section 493.6106, Florida Statutes, are
  256  amended, and paragraph (g) is added to subsection (1) of that
  257  section, to read:
  258         493.6106 License requirements; posting.—
  259         (1) Each individual licensed by the department must:
  260         (f) Be a citizen or permanent legal resident alien of the
  261  United States or have appropriate been granted authorization
  262  issued to seek employment in this country by the United States
  263  Bureau of Citizenship and Immigration Services of the United
  264  States Department of Homeland Security.
  265         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  266  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  267  “MB,” Class “MR,” or Class “RI” license who is not a United
  268  States citizen must submit proof of current employment
  269  authorization issued by the United States Citizenship and
  270  Immigration Services or proof that she or he is deemed a
  271  permanent legal resident alien by the United States Citizenship
  272  and Immigration Services.
  273         2. An applicant for a Class “G” or Class “K” license who is
  274  not a United States citizen must submit proof that she or he is
  275  deemed a permanent legal resident alien by the United States
  276  Citizenship and Immigration Services, together with additional
  277  documentation establishing that she or he has resided in the
  278  state of residence shown on the application for at least 90
  279  consecutive days before the date that the application is
  280  submitted.
  281         3. An applicant for an agency or school license who is not
  282  a United States citizen or permanent legal resident alien must
  283  submit documentation issued by the United States Citizenship and
  284  Immigration Services stating that she or he is lawfully in the
  285  United States and is authorized to own and operate the type of
  286  agency or school for which she or he is applying. An employment
  287  authorization card issued by the United States Citizenship and
  288  Immigration Services is not sufficient documentation.
  289         (g) Not be prohibited from purchasing or possessing a
  290  firearm by state or federal law if the individual is applying
  291  for a Class “G” license or a Class “K” license.
  292         (2) Each agency shall have a minimum of one physical
  293  location within this state from which the normal business of the
  294  agency is conducted, and this location shall be considered the
  295  primary office for that agency in this state.
  296         (a) If an agency or branch office desires to change the
  297  physical location of the business, as it appears on the agency
  298  license, the department must be notified within 10 days of the
  299  change, and, except upon renewal, the fee prescribed in s.
  300  493.6107 must be submitted for each license requiring revision.
  301  Each license requiring revision must be returned with such
  302  notification.
  303         Section 9. Subsection (3) of section 493.6107, Florida
  304  Statutes, is amended to read:
  305         493.6107 Fees.—
  306         (3) The fees set forth in this section must be paid by
  307  certified check or money order or, at the discretion of the
  308  department, by electronic funds transfer agency check at the
  309  time the application is approved, except that the applicant for
  310  a Class “G” or Class “M” license must pay the license fee at the
  311  time the application is made. If a license is revoked or denied
  312  or if the application is withdrawn, the license fee is
  313  nonrefundable shall not be refunded.
  314         Section 10. Subsections (1) and (3) of section 493.6108,
  315  Florida Statutes, are amended to read:
  316         493.6108 Investigation of applicants by Department of
  317  Agriculture and Consumer Services.—
  318         (1) Except as otherwise provided, prior to the issuance of
  319  a license under this chapter, the department must investigate an
  320  shall make an investigation of the applicant for a license under
  321  this chapter before it may issue the license. The investigation
  322  must shall include:
  323         (a)1. An examination of fingerprint records and police
  324  records. If When a criminal history record check analysis of any
  325  applicant under this chapter is performed by means of
  326  fingerprint card identification, the time limitations prescribed
  327  by s. 120.60(1) shall be tolled during the time the applicant’s
  328  fingerprint card is under review by the Department of Law
  329  Enforcement or the United States Department of Justice, Federal
  330  Bureau of Investigation.
  331         2. If a legible set of fingerprints, as determined by the
  332  Department of Law Enforcement or the Federal Bureau of
  333  Investigation, cannot be obtained after two attempts, the
  334  Department of Agriculture and Consumer Services may determine
  335  the applicant’s eligibility based upon a criminal history record
  336  check under the applicant’s name conducted by the Department of
  337  Law Enforcement if the and the Federal Bureau of Investigation.
  338  A set of fingerprints are taken by a law enforcement agency or
  339  the department and the applicant submits a written statement
  340  signed by the fingerprint technician or a licensed physician
  341  stating that there is a physical condition that precludes
  342  obtaining a legible set of fingerprints or that the fingerprints
  343  taken are the best that can be obtained is sufficient to meet
  344  this requirement.
  345         (b) An inquiry to determine if the applicant has been
  346  adjudicated incompetent under chapter 744 or has been committed
  347  to a mental institution under chapter 394.
  348         (c) Such other investigation of the individual as the
  349  department may deem necessary.
  350         (3) The department must shall also investigate the mental
  351  history and current mental and emotional fitness of any Class
  352  “G” or Class “K” applicant, and may deny a Class “G” or Class
  353  “K” license to anyone who has a history of mental illness or
  354  drug or alcohol abuse.
  355         Section 11. Subsections (2) and (4) of section 493.6111,
  356  Florida Statutes, are amended to read:
  357         493.6111 License; contents; identification card.—
  358         (2) Licenses shall be valid for a period of 2 years, except
  359  for Class “K” firearms instructor licenses and Class “A,” Class
  360  “B,” Class “AB,” Class “R,” and branch agency licenses, which
  361  shall be valid for a period of 3 years.
  362         (4) Notwithstanding the existence of a valid Florida
  363  corporate registration, an no agency or school licensee may not
  364  conduct activities regulated under this chapter under any
  365  fictitious name without prior written authorization from the
  366  department to use that name in the conduct of activities
  367  regulated under this chapter. The department may not authorize
  368  the use of a name that which is so similar to that of a public
  369  officer or agency, or of that used by another licensee, that the
  370  public may be confused or misled thereby. The authorization for
  371  the use of a fictitious name must shall require, as a condition
  372  precedent to the use of such name, the filing of a certificate
  373  of engaging in business under a fictitious name under s. 865.09.
  374  A No licensee may not shall be permitted to conduct business
  375  under more than one name except as separately licensed nor shall
  376  the license be valid to protect any licensee who is engaged in
  377  the business under any name other than that specified in the
  378  license. An agency desiring to change its licensed name must
  379  shall notify the department and, except upon renewal, pay a fee
  380  not to exceed $30 for each license requiring revision including
  381  those of all licensed employees except Class “D” or Class “G”
  382  licensees. Upon the return of such licenses to the department,
  383  revised licenses shall be provided.
  384         Section 12. Subsections (2) and (3) of section 493.6113,
  385  Florida Statutes, are amended to read:
  386         493.6113 Renewal application for licensure.—
  387         (2) At least No less than 90 days before prior to the
  388  expiration date of the license, the department shall mail a
  389  written notice to the last known mailing residence address of
  390  the licensee for individual licensees and to the last known
  391  agency address for agencies.
  392         (3) Each licensee is shall be responsible for renewing his
  393  or her license on or before its expiration by filing with the
  394  department an application for renewal accompanied by payment of
  395  the prescribed license fee.
  396         (a) Each Class “B” Class “A,” Class “B,” or Class “R”
  397  licensee shall additionally submit on a form prescribed by the
  398  department a certification of insurance that which evidences
  399  that the licensee maintains coverage as required under s.
  400  493.6110.
  401         (b) Each Class “G” licensee shall additionally submit proof
  402  that he or she has received during each year of the license
  403  period a minimum of 4 hours of firearms recertification training
  404  taught by a Class “K” licensee and has complied with such other
  405  health and training requirements which the department may adopt
  406  by rule. If proof of a minimum of 4 hours of annual firearms
  407  recertification training cannot be provided, the renewal
  408  applicant shall complete the minimum number of hours of range
  409  and classroom training required at the time of initial
  410  licensure.
  411         (c) Each Class “DS” or Class “RS” licensee shall
  412  additionally submit the current curriculum, examination, and
  413  list of instructors.
  414         (d) Each Class “K” firearms instructor licensee shall
  415  additionally submit one of the certificates specified under s.
  416  493.6105(6) as proof that he or she remains certified to provide
  417  firearms instruction.
  418         Section 13. Subsection (8), paragraph (d) of subsection
  419  (12), and subsection (16) of section 493.6115, Florida Statutes,
  420  are amended to read:
  421         493.6115 Weapons and firearms.—
  422         (8) A Class “G” applicant must satisfy the minimum training
  423  criteria as set forth in s. 493.6105(5) 493.6105(6) and as
  424  established by rule of the department.
  425         (12) The department may issue a temporary Class “G”
  426  license, on a case-by-case basis, if:
  427         (d) The applicant has received approval from the department
  428  subsequent to its conduct of a criminal history record check as
  429  authorized in s. 493.6108(1) 493.6121(6).
  430         (16) If the criminal history record check program
  431  referenced in s. 493.6108(1) 493.6121(6) is inoperable, the
  432  department may issue a temporary “G” license on a case-by-case
  433  basis, provided that the applicant has met all statutory
  434  requirements for the issuance of a temporary “G” license as
  435  specified in subsection (12), excepting the criminal history
  436  record check stipulated there; provided, that the department
  437  requires that the licensed employer of the applicant conduct a
  438  criminal history record check of the applicant pursuant to
  439  standards set forth in rule by the department, and provide to
  440  the department an affidavit containing such information and
  441  statements as required by the department, including a statement
  442  that the criminal history record check did not indicate the
  443  existence of any criminal history that would prohibit licensure.
  444  Failure to properly conduct such a check, or knowingly providing
  445  incorrect or misleading information or statements in the
  446  affidavit constitutes shall constitute grounds for disciplinary
  447  action against the licensed agency, including revocation of
  448  license.
  449         Section 14. Present paragraph (u) of subsection (1) of
  450  section 493.6118, Florida Statutes, is redesignated as paragraph
  451  (v), and a new paragraph (u) is added to that subsection to
  452  read:
  453         493.6118 Grounds for disciplinary action.—
  454         (1) The following constitute grounds for which disciplinary
  455  action specified in subsection (2) may be taken by the
  456  department against any licensee, agency, or applicant regulated
  457  by this chapter, or any unlicensed person engaged in activities
  458  regulated under this chapter.
  459         (u) For a Class “G” or a Class “K” applicant or licensee,
  460  being prohibited from purchasing or possessing a firearm by
  461  state or federal law.
  462         Section 15. Present subsections (7) and (8) of section
  463  493.6121, Florida Statutes, are renumbered as subsections (6)
  464  and (7), respectively, and subsection (6) of that section is
  465  amended, to read:
  466         493.6121 Enforcement; investigation.—
  467         (6) The department shall be provided access to the program
  468  that is operated by the Department of Law Enforcement, pursuant
  469  to s. 790.065, for providing criminal history record information
  470  to licensed gun dealers, manufacturers, and exporters. The
  471  department may make inquiries, and shall receive responses in
  472  the same fashion as provided under s. 790.065. The department
  473  shall be responsible for payment to the Department of Law
  474  Enforcement of the same fees as charged to others afforded
  475  access to the program.
  476         Section 16. Subsection (3) of section 493.6202, Florida
  477  Statutes, is amended to read:
  478         493.6202 Fees.—
  479         (3) The fees set forth in this section must be paid by
  480  certified check or money order or, at the discretion of the
  481  department, by electronic funds transfer agency check at the
  482  time the application is approved, except that the applicant for
  483  a Class “G,” Class “C,” Class “CC,” Class “M,” or Class “MA”
  484  license must pay the license fee at the time the application is
  485  made. If a license is revoked or denied or if the application is
  486  withdrawn, the license fee is nonrefundable shall not be
  487  refunded.
  488         Section 17. Subsections (2), (4), and (6) of section
  489  493.6203, Florida Statutes, are amended to read:
  490         493.6203 License requirements.—In addition to the license
  491  requirements set forth elsewhere in this chapter, each
  492  individual or agency shall comply with the following additional
  493  requirements:
  494         (2) An applicant for a Class “MA” license must shall have 2
  495  years of lawfully gained, verifiable, full-time experience, or
  496  training in:
  497         (a) Private investigative work or related fields of work
  498  that provided equivalent experience or training;
  499         (b) Work as a Class “CC” licensed intern;
  500         (c) Any combination of paragraphs (a) and (b);
  501         (d) Experience described in paragraph (a) for 1 year and
  502  experience described in paragraph (e) for 1 year;
  503         (e) No more than 1 year using:
  504         1. College coursework related to criminal justice,
  505  criminology, or law enforcement administration; or
  506         2. Successfully completed law enforcement-related training
  507  received from any federal, state, county, or municipal agency;
  508  or
  509         (f) Experience described in paragraph (a) for 1 year and
  510  work in a managerial or supervisory capacity for 1 year.
  511  
  512  However, experience in performing bodyguard services is not
  513  creditable toward the requirements of this subsection.
  514         (4) An applicant for a Class “C” license shall have 2 years
  515  of lawfully gained, verifiable, full-time experience, or
  516  training in one, or a combination of more than one, of the
  517  following:
  518         (a) Private investigative work or related fields of work
  519  that provided equivalent experience or training.
  520         (b) College coursework related to criminal justice,
  521  criminology, or law enforcement administration, or successful
  522  completion of any law enforcement-related training received from
  523  any federal, state, county, or municipal agency, except that no
  524  more than 1 year may be used from this category.
  525         (c) Work as a Class “CC” licensed intern.
  526  
  527  However, experience in performing bodyguard services is not
  528  creditable toward the requirements of this subsection.
  529         (6)(a) A Class “CC” licensee must shall serve an internship
  530  under the direction and control of a designated sponsor, who is
  531  a Class “C,” Class “MA,” or Class “M” licensee.
  532         (b) Effective January 1, 2012 September 1, 2008, before
  533  submission of an application to the department, the an applicant
  534  for a Class “CC” license must have completed a minimum of 40 at
  535  least 24 hours of professional training a 40-hour course
  536  pertaining to general investigative techniques and this chapter,
  537  which course is offered by a state university or by a school,
  538  community college, college, or university under the purview of
  539  the Department of Education, and the applicant must pass an
  540  examination. The training must be provided in two parts, one 24
  541  hour course and one 16-hour course. The certificate evidencing
  542  satisfactory completion of the 40 at least 24 hours of
  543  professional training a 40-hour course must be submitted with
  544  the application for a Class “CC” license. The remaining 16 hours
  545  must be completed and an examination passed within 180 days. If
  546  documentation of completion of the required training is not
  547  submitted within the specified timeframe, the individual’s
  548  license is automatically suspended or his or her authority to
  549  work as a Class “CC” pursuant to s. 493.6105(9) is rescinded
  550  until such time as proof of certificate of completion is
  551  provided to the department. The training course specified in
  552  this paragraph may be provided by face-to-face presentation,
  553  online technology, or a home study course in accordance with
  554  rules and procedures of the Department of Education. The
  555  administrator of the examination must verify the identity of
  556  each applicant taking the examination.
  557         1. Upon an applicant’s successful completion of each part
  558  of the approved training course and passage of any required
  559  examination, the school, community college, college, or
  560  university shall issue a certificate of completion to the
  561  applicant. The certificates must be on a form established by
  562  rule of the department.
  563         2. The department shall establish by rule the general
  564  content of the professional training course and the examination
  565  criteria.
  566         3. If the license of an applicant for relicensure is has
  567  been invalid for more than 1 year, the applicant must complete
  568  the required training and pass any required examination.
  569         (c) An individual who submits an application for a Class
  570  “CC” license on or after September 1, 2008, through December 31,
  571  2011, who has not completed the 16-hour course must submit proof
  572  of successful completion of the course within 180 days after the
  573  date the application is submitted. If documentation of
  574  completion of the required training is not submitted by that
  575  date, the individual’s license shall be automatically suspended
  576  until proof of the required training is submitted to the
  577  department. An individual licensed on or before August 31, 2008,
  578  is not required to complete additional training hours in order
  579  to renew an active license beyond the total required hours, and
  580  the timeframe for completion in effect at the time he or she was
  581  licensed applies.
  582         Section 18. Subsection (3) of section 493.6302, Florida
  583  Statutes, is amended to read:
  584         493.6302 Fees.—
  585         (3) The fees set forth in this section must be paid by
  586  certified check or money order or, at the discretion of the
  587  department, by electronic funds transfer agency check at the
  588  time the application is approved, except that the applicant for
  589  a Class “D,” Class “G,” Class “M,” or Class “MB” license must
  590  pay the license fee at the time the application is made. If a
  591  license is revoked or denied or if the application is withdrawn,
  592  the license fee is nonrefundable shall not be refunded.
  593         Section 19. Subsection (4) of section 493.6303, Florida
  594  Statutes, is amended to read:
  595         493.6303 License requirements.—In addition to the license
  596  requirements set forth elsewhere in this chapter, each
  597  individual or agency must shall comply with the following
  598  additional requirements:
  599         (4)(a) Effective January 1, 2012, an applicant for a Class
  600  “D” license must submit proof of successful completion of
  601  complete a minimum of 40 hours of professional training at a
  602  school or training facility licensed by the department. The
  603  training must be provided in two parts, one 24-hour course and
  604  one 16-hour course. The department shall by rule establish the
  605  general content and number of hours of each subject area to be
  606  taught.
  607         (b) An individual who submits an application for a Class
  608  “D” license on or after January 1, 2007, through December 31,
  609  2011, who has not completed the 16-hour course must submit proof
  610  of successful completion of the course within 180 days after the
  611  date the application is submitted. If documentation of
  612  completion of the required training is not submitted by that
  613  date, the individual’s license shall be automatically suspended
  614  until proof of the required training is submitted to the
  615  department. A person licensed before January 1, 2007, is not
  616  required to complete additional training hours in order to renew
  617  an active license beyond the total required hours, and the
  618  timeframe for completion in effect at the time he or she was
  619  licensed applies. An applicant may fulfill the training
  620  requirement prescribed in paragraph (a) by submitting proof of:
  621         1. Successful completion of the total number of required
  622  hours of training before initial application for a Class “D”
  623  license; or
  624         2. Successful completion of 24 hours of training before
  625  initial application for a Class “D” license and successful
  626  completion of the remaining 16 hours of training within 180 days
  627  after the date that the application is submitted. If
  628  documentation of completion of the required training is not
  629  submitted within the specified timeframe, the individual’s
  630  license is automatically suspended until such time as proof of
  631  the required training is provided to the department.
  632         (c) An individual However, any person whose license is
  633  suspended or has been revoked, suspended pursuant to paragraph
  634  (b) subparagraph 2., or is expired for at least 1 year, or
  635  longer is considered, upon reapplication for a license, an
  636  initial applicant and must submit proof of successful completion
  637  of 40 hours of professional training at a school or training
  638  facility licensed by the department as provided prescribed in
  639  paragraph (a) before a license is will be issued. Any person
  640  whose license was issued before January 1, 2007, and whose
  641  license has been expired for less than 1 year must, upon
  642  reapplication for a license, submit documentation of completion
  643  of the total number of hours of training prescribed by law at
  644  the time her or his initial license was issued before another
  645  license will be issued. This subsection does not require an
  646  individual licensed before January 1, 2007, to complete
  647  additional training hours in order to renew an active license,
  648  beyond the required total amount of training within the
  649  timeframe prescribed by law at the time she or he was licensed.
  650         Section 20. Subsection (2) of section 493.6304, Florida
  651  Statutes, is amended to read:
  652         493.6304 Security officer school or training facility.—
  653         (2) The application shall be signed and verified by the
  654  applicant under oath as provided in s. 92.525 notarized and must
  655  shall contain, at a minimum, the following information:
  656         (a) The name and address of the school or training facility
  657  and, if the applicant is an individual, her or his name,
  658  address, and social security or alien registration number.
  659         (b) The street address of the place at which the training
  660  is to be conducted.
  661         (c) A copy of the training curriculum and final examination
  662  to be administered.
  663         Section 21. Subsections (7) and (8) of section 493.6401,
  664  Florida Statutes, are amended to read:
  665         493.6401 Classes of licenses.—
  666         (7) Any person who operates a recovery agent repossessor
  667  school or training facility or who conducts an Internet-based
  668  training course or a correspondence training course must have a
  669  Class “RS” license.
  670         (8) Any individual who teaches or instructs at a Class “RS”
  671  recovery agent repossessor school or training facility shall
  672  have a Class “RI” license.
  673         Section 22. Subsections (1) and (3) of section 493.6402,
  674  Florida Statutes, are amended to read:
  675         493.6402 Fees.—
  676         (1) The department shall establish by rule biennial license
  677  fees that which shall not exceed the following:
  678         (a) Class “R” license—recovery agency: $450.
  679         (b) Class “RR” license—branch office: $125.
  680         (c) Class “MR” license—recovery agency manager: $75.
  681         (d) Class “E” license—recovery agent: $75.
  682         (e) Class “EE” license—recovery agent intern: $60.
  683         (f) Class “RS” license-recovery agent license—repossessor
  684  school or training facility: $60.
  685         (g) Class “RI” license-recovery agent license—repossessor
  686  school or training facility instructor: $60.
  687         (3) The fees set forth in this section must be paid by
  688  certified check or money order, or, at the discretion of the
  689  department, by or electronic funds transfer agency check at the
  690  time the application is approved, except that the applicant for
  691  a Class “E,” Class “EE,” or Class “MR” license must pay the
  692  license fee at the time the application is made. If a license is
  693  revoked or denied, or if an application is withdrawn, the
  694  license fee is nonrefundable shall not be refunded.
  695         Section 23. Section 493.6406, Florida Statutes, is amended
  696  to read:
  697         493.6406 Recovery agent Repossession services school or
  698  training facility.—
  699         (1) Any school, training facility, or instructor who offers
  700  the training outlined in s. 493.6403(2) for Class “E” or Class
  701  “EE” applicants shall, before licensure of such school, training
  702  facility, or instructor, file with the department an application
  703  accompanied by an application fee in an amount to be determined
  704  by rule, not to exceed $60. The fee shall not be refundable.
  705  This training may be offered as face-to-face training, Internet
  706  based training, or correspondence training.
  707         (2) The application must shall be signed and verified by
  708  the applicant under oath as provided in s. 92.525 notarized and
  709  shall contain, at a minimum, the following information:
  710         (a) The name and address of the school or training facility
  711  and, if the applicant is an individual, his or her name,
  712  address, and social security or alien registration number.
  713         (b) The street address of the place at which the training
  714  is to be conducted or the street address of the Class “RS”
  715  school offering Internet-based or correspondence training.
  716         (c) A copy of the training curriculum and final examination
  717  to be administered.
  718         (3) The department shall adopt rules establishing the
  719  criteria for approval of schools, training facilities, and
  720  instructors.
  721         Section 24. Subsection (7) of section 496.404, Florida
  722  Statutes, is amended to read:
  723         496.404 Definitions.—As used in ss. 496.401-496.424:
  724         (7) “Division” means the Division of Consumer Protection
  725  services of the Department of Agriculture and Consumer Services.
  726         Section 25. Subsection (3) of section 496.411, Florida
  727  Statutes, is amended to read:
  728         496.411 Disclosure requirements and duties of charitable
  729  organizations and sponsors.—
  730         (3) Every charitable organization or sponsor that which is
  731  required to register under s. 496.405 must conspicuously display
  732  in capital letters the following statement on every printed
  733  solicitation, written confirmation, receipt, or reminder of a
  734  contribution:
  735  
  736         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
  737         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
  738         CONSUMER PROTECTION SERVICES BY CALLING TOLL-FREE
  739         WITHIN THE STATE. REGISTRATION DOES NOT IMPLY
  740         ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE
  741         STATE.”
  742  
  743  The statement must include a toll-free number for the division
  744  which that can be used to obtain the registration information.
  745  When the solicitation consists of more than one piece, the
  746  statement must be displayed prominently in the solicitation
  747  materials.
  748         Section 26. Paragraph (c) of subsection (1) of section
  749  496.412, Florida Statutes, is amended to read:
  750         496.412 Disclosure requirements and duties of professional
  751  solicitors.—
  752         (1) A professional solicitor must comply with and be
  753  responsible for complying or causing compliance with the
  754  following disclosures:
  755         (c) In addition to the information required by paragraph
  756  (a), any written confirmation, receipt, or reminder of
  757  contribution made pursuant to an oral solicitation and any
  758  written solicitation shall conspicuously state in capital
  759  letters:
  760  
  761         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
  762         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
  763         CONSUMER PROTECTION SERVICES BY CALLING TOLL-FREE
  764         WITHIN THE STATE. REGISTRATION DOES NOT IMPLY
  765         ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE
  766         STATE.”
  767  
  768  The statement must include a toll-free number for the division
  769  which that can be used to obtain the registration information.
  770  When the solicitation consists of more than one piece, the
  771  statement must be displayed prominently in the solicitation
  772  materials.
  773         Section 27. Subsection (5) of section 496.419, Florida
  774  Statutes, is amended to read:
  775         496.419 Powers of the department.—
  776         (5) Upon a finding as set forth in subsection (4), the
  777  department may enter an order doing one or more of the
  778  following:
  779         (a) Issue Issuing a notice of noncompliance pursuant to s.
  780  120.695;
  781         (b) Issue Issuing a cease and desist order that directs
  782  that the person cease and desist specified fundraising
  783  activities;
  784         (c) Refuse Refusing to register or revoke canceling or
  785  suspend suspending a registration;
  786         (d) Place Placing the registrant on probation for a period
  787  of time, subject to such conditions as the department may
  788  specify;
  789         (e) Revoke Canceling an exemption granted under s. 496.406;
  790  or and
  791         (f) Impose Imposing an administrative fine not to exceed
  792  $1,000 for each act or omission that which constitutes a
  793  violation of ss. 496.401-496.424 or s. 496.426 or a rule or
  794  order.
  795  
  796  With respect to a s. 501(c)(3) organization, the penalty imposed
  797  pursuant to this subsection may shall not exceed $500 per
  798  violation. The penalty shall be the entire amount per violation
  799  and is not to be interpreted as a daily penalty.
  800         Section 28. Subsection (7) of section 501.015, Florida
  801  Statutes, is amended to read:
  802         501.015 Health studios; registration requirements and
  803  fees.—Each health studio shall:
  804         (7) Any person applying for or renewing a local
  805  occupational license to engage in business as a health studio
  806  must Exhibit an active registration certificate from the
  807  Department of Agriculture and Consumer Services before the local
  808  business tax receipt occupational license may be issued or
  809  reissued.
  810         Section 29. Subsection (1) of section 501.017, Florida
  811  Statutes, is amended to read:
  812         501.017 Health studios; contracts.—
  813         (1) Every contract for the sale of future health studio
  814  services which is paid for in advance or which the buyer agrees
  815  to pay for in future installment payments must shall be in
  816  writing and must shall contain, contractual provisions to the
  817  contrary notwithstanding, in immediate proximity to the space
  818  reserved in the contract for the signature of the buyer, and in
  819  at least 10-point boldfaced type, language substantially
  820  equivalent to the following:
  821         (a) A provision for the penalty-free cancellation of the
  822  contract within 3 days, exclusive of holidays and weekends, of
  823  its making, upon the mailing or delivery of written notice to
  824  the health studio, and refund upon such notice of all moneys
  825  paid under the contract, except that the health studio may
  826  retain an amount computed by dividing the number of complete
  827  days in the contract term or, if appropriate, the number of
  828  occasions health studio services are to be rendered into the
  829  total contract price and multiplying the result by the number of
  830  complete days that have passed since the making of the contract
  831  or, if appropriate, by the number of occasions that health
  832  studio services have been rendered. A refund shall be issued
  833  within 30 days after receipt of the notice of cancellation made
  834  within the 3-day provision.
  835         (b)1. A provision for the cancellation and refund of the
  836  contract if the contracting business location of the health
  837  studio goes out of business, or moves its facilities more than 5
  838  driving miles from the business location designated in such
  839  contract and fails to provide, within 30 days, a facility of
  840  equal quality located within 5 driving miles of the business
  841  location designated in such contract at no additional cost to
  842  the buyer.
  843         2. A provision that notice of intent to cancel by the buyer
  844  shall be given in writing to the health studio. Such a notice of
  845  cancellation from the consumer shall also terminate
  846  automatically the consumer’s obligation to any entity to whom
  847  the health studio has subrogated or assigned the consumer’s
  848  contract. If the health studio wishes to enforce such contract
  849  after receipt of such showing, it may request the department to
  850  determine the sufficiency of the showing.
  851         3. A provision that if the department determines that a
  852  refund is due the buyer, the refund shall be an amount computed
  853  by dividing the contract price by the number of weeks in the
  854  contract term and multiplying the result by the number of weeks
  855  remaining in the contract term. The business location of a
  856  health studio is shall not be deemed out of business when
  857  temporarily closed for repair and renovation of the premises:
  858         a. Upon sale, for not more than 14 consecutive days; or
  859         b. During ownership, for not more than 7 consecutive days
  860  and not more than two periods of 7 consecutive days in any
  861  calendar year.
  862  
  863  A refund shall be issued within 30 days after receipt of the
  864  notice of cancellation made pursuant to this paragraph.
  865         (c) A provision in the disclosure statement advising the
  866  buyer to contact the department for information within 60 days
  867  should the health studio go out of business.
  868         (d) A provision for the cancellation of the contract if the
  869  buyer dies or becomes physically unable to avail himself or
  870  herself of a substantial portion of those services which he or
  871  she used from the commencement of the contract until the time of
  872  disability, with refund of funds paid or accepted in payment of
  873  the contract in an amount computed by dividing the contract
  874  price by the number of weeks in the contract term and
  875  multiplying the result by the number of weeks remaining in the
  876  contract term. The contract may require a buyer or the buyer’s
  877  estate seeking relief under this paragraph to provide proof of
  878  disability or death. A physical disability sufficient to warrant
  879  cancellation of the contract by the buyer shall be established
  880  if the buyer furnishes to the health studio a certification of
  881  such disability by a physician licensed under chapter 458,
  882  chapter 459, chapter 460, or chapter 461 to the extent the
  883  diagnosis or treatment of the disability is within the
  884  physician’s scope of practice. A refund shall be issued within
  885  30 days after receipt of the notice of cancellation made
  886  pursuant to this paragraph.
  887         (e) A provision that the initial contract will not be for a
  888  period in excess of 36 months, and thereafter shall only be
  889  renewable annually. Such renewal contracts may not be executed
  890  and the fee therefor paid until 60 days or less before the
  891  preceding contract expires.
  892         (f) A provision that if the health studio requires a buyer
  893  to furnish identification upon entry to the facility and as a
  894  condition of using the services of the health studio, the health
  895  studio must shall provide the buyer with the means of such
  896  identification.
  897         Section 30. Subsection (2) of section 501.145, Florida
  898  Statutes, is amended to read
  899         501.145 Bedding Label Act.—
  900         (2) DEFINITIONS.—For the purpose of this section, the term:
  901         (a) “Bedding” means any mattress, box spring, pillow, or
  902  cushion made of leather or any other material which is or can be
  903  stuffed or filled in whole or in part with any substance or
  904  material, which can be used by any human being for sleeping or
  905  reclining purposes.
  906         (b) “Department” means the Department of Agriculture and
  907  Consumer Services.
  908         (b)(c) “Enforcing authority” means the Department of
  909  Agriculture and Consumer Services or the Department of Legal
  910  Affairs.
  911         Section 31. Subsection (8) of section 501.160, Florida
  912  Statutes, is amended to read:
  913         501.160 Rental or sale of essential commodities during a
  914  declared state of emergency; prohibition against unconscionable
  915  prices.—
  916         (8) Any violation of this section may be enforced by the
  917  Department of Agriculture and Consumer Services, the office of
  918  the state attorney, or the Department of Legal Affairs.
  919         Section 32. Paragraph (a)and paragraph (l) of subsection
  920  (2) of section 501.605, Florida Statutes, is amended to read:
  921         501.605 Licensure of commercial telephone sellers.—
  922         (2) An applicant for a license as a commercial telephone
  923  seller must submit to the department, in such form as it
  924  prescribes, a written application for the license. The
  925  application must set forth the following information:
  926         (a) The true name, date of birth, driver’s license number,
  927  or other valid form of identification, social security number,
  928  and home address of the applicant, including each name under
  929  which he or she intends to do business.
  930  
  931         The application shall be accompanied by a copy of any:
  932  Script, outline, or presentation the applicant will require or
  933  suggest a salesperson to use when soliciting, or, if no such
  934  document is used, a statement to that effect; sales information
  935  or literature to be provided by the applicant to a salesperson;
  936  and sales information or literature to be provided by the
  937  applicant to a purchaser in connection with any solicitation.
  938         (l) The true name, current home address, date of birth,
  939  social security number, and all other names by which known, or
  940  previously known, of each:
  941         1. Principal officer, director, trustee, shareholder,
  942  owner, or partner of the applicant, and of each other person
  943  responsible for the management of the business of the applicant.
  944         2. Office manager or other person principally responsible
  945  for a location from which the applicant will do business.
  946         3. Salesperson or other person to be employed by the
  947  applicant.
  948  
  949  The application shall be accompanied by a copy of any: Script,
  950  outline, or presentation the applicant will require or suggest a
  951  salesperson to use when soliciting, or, if no such document is
  952  used, a statement to that effect; sales information or
  953  literature to be provided by the applicant to a salesperson; and
  954  sales information or literature to be provided by the applicant
  955  to a purchaser in connection with any solicitation.
  956         Section 33. Paragraph (a) of subsection (1) of section
  957  501.607, Florida Statutes, is amended to read:
  958         501.607 Licensure of salespersons.—
  959         (1) An applicant for a license as a salesperson must submit
  960  to the department, in such form as it prescribes, a written
  961  application for a license. The application must set forth the
  962  following information:
  963         (a) The true name, date of birth, driver’s license number
  964  or other valid form of identification, social security number,
  965  and home address of the applicant.
  966         Section 34. Paragraph (f) of subsection (3) of section
  967  539.001, Florida Statutes, is amended to read
  968         539.001 The Florida Pawnbroking Act.—
  969         (3) LICENSE REQUIRED.—
  970         (f) Any person applying for or renewing a local
  971  occupational license to engage in business as a pawnbroker must
  972  exhibit a current license from the agency before the local
  973  occupational license may be issued or reissued.
  974         Section 35. Subsection (1) of section 559.805, Florida
  975  Statutes, is amended to read:
  976         559.805 Filings with the department; disclosure of
  977  advertisement identification number.—
  978         (1) Every seller of a business opportunity shall annually
  979  file with the department a copy of the disclosure statement
  980  required by s. 559.803 before prior to placing an advertisement
  981  or making any other representation designed to offer to, sell
  982  to, or solicit an offer to buy a business opportunity from a
  983  prospective purchaser in this state and must shall update this
  984  filing by reporting any material change in the required
  985  information within 30 days after the material change occurs. An
  986  advertisement is not considered to be placed in the state merely
  987  because the advertisement is published in a publisher
  988  circulates, or there is circulated on his or her behalf in the
  989  state, any bona fide newspaper or other publication having a of
  990  general, regular, and paid circulation in this state which has
  991  had more than two-thirds of its circulation during the past 12
  992  months outside the state or because the advertisement is
  993  received in this state from a radio or television program
  994  originating outside the state is received in the state. If the
  995  seller is required by s. 559.807 to provide a bond or establish
  996  a trust account or guaranteed letter of credit, the seller he or
  997  she shall contemporaneously file with the department a copy of
  998  the bond, a copy of the formal notification by the depository
  999  that the trust account is established, or a copy of the
 1000  guaranteed letter of credit. Every seller of a business
 1001  opportunity must shall file with the department a list of
 1002  independent agents who will engage in the offer or sale of
 1003  business opportunities on behalf of the seller in this state.
 1004  This list must be kept current and must shall include the
 1005  following information: name, home and business address,
 1006  telephone number, present employer, social security number, and
 1007  birth date. A No person may not shall be allowed to offer or
 1008  sell business opportunities unless the required information has
 1009  been provided to the department.
 1010         Section 36. Subsection (7) of section 559.904, Florida
 1011  Statutes, is amended to read:
 1012         559.904 Motor vehicle repair shop registration;
 1013  application; exemption.—
 1014         (7) Any person applying for or renewing a local business
 1015  tax receipt occupational license on or after October 1, 1993, to
 1016  engage in business as a motor vehicle repair shop must exhibit
 1017  an active registration certificate from the department before
 1018  the local business tax receipt occupational license may be
 1019  issued or renewed.
 1020         Section 37. Subsections (1), (3), and (4) of section
 1021  559.928, Florida Statutes, are amended to read
 1022         559.928 Registration.—
 1023         (1) Each seller of travel shall annually register with the
 1024  department, providing: its legal business or trade name, mailing
 1025  address, and business locations; the full names, addresses, and
 1026  telephone numbers of its owners or corporate officers and
 1027  directors and the Florida agent of the corporation; a statement
 1028  whether it is a domestic or foreign corporation, its state and
 1029  date of incorporation, its charter number, and, if a foreign
 1030  corporation, the date it registered with the State of Florida,
 1031  and local business tax receipt occupational license where
 1032  applicable; the date on which a seller of travel registered its
 1033  fictitious name if the seller of travel is operating under a
 1034  fictitious or trade name; the name of all other corporations,
 1035  business entities, and trade names through which each owner of
 1036  the seller of travel operated, was known, or did business as a
 1037  seller of travel within the preceding 5 years; a list of all
 1038  authorized independent agents, including the agent’s trade name,
 1039  full name, mailing address, business address, and telephone
 1040  numbers; the business location and address of each branch office
 1041  and full name and address of the manager or supervisor; the
 1042  certification required under s. 559.9285; and proof of purchase
 1043  of adequate bond as required in this part. A certificate
 1044  evidencing proof of registration shall be issued by the
 1045  department and must be prominently displayed in the seller of
 1046  travel’s primary place of business.
 1047         (3) Each independent agent shall annually file an affidavit
 1048  with the department prior to engaging in business in this state.
 1049  This affidavit must include the independent agent’s full name,
 1050  legal business or trade name, mailing address, business address,
 1051  telephone number, social security number, and the name or names
 1052  and addresses of each seller of travel represented by the
 1053  independent agent. A letter evidencing proof of filing must be
 1054  issued by the department and must be prominently displayed in
 1055  the independent agent’s primary place of business. Each
 1056  independent agent must also submit an annual registration fee of
 1057  $50. All moneys collected pursuant to the imposition of the fee
 1058  shall be deposited by the Chief Financial Officer into the
 1059  General Inspection Trust Fund of the Department of Agriculture
 1060  and Consumer Services for the sole purpose of administrating
 1061  this part. As used in this subsection, the term “independent
 1062  agent” means a person who represents a seller of travel by
 1063  soliciting persons on its behalf; who has a written contract
 1064  with a seller of travel which is operating in compliance with
 1065  this part and any rules adopted thereunder; who does not receive
 1066  a fee, commission, or other valuable consideration directly from
 1067  the purchaser for the seller of travel; who does not at any time
 1068  have any unissued ticket stock or travel documents in his or her
 1069  possession; and who does not have the ability to issue tickets,
 1070  vacation certificates, or any other travel document. The term
 1071  “independent agent” does not include an affiliate of the seller
 1072  of travel, as that term is used in s. 559.935(3), or the
 1073  employees of the seller of travel or of such affiliates.
 1074         (4) Any person applying for or renewing a local business
 1075  tax receipt occupational license to engage in business as a
 1076  seller of travel must exhibit a current registration certificate
 1077  from the department before the local business tax receipt
 1078  occupational license may be issued or reissued.
 1079         Section 38. Subsection (6) of section 559.935, Florida
 1080  Statutes, is amended to read
 1081         559.935 Exemptions.—
 1082         (6) The department shall request from the Airlines
 1083  Reporting Corporation any information necessary to implement the
 1084  provisions of subsection (2). Persons claiming an exemption
 1085  under subsection (2) or subsection (3) must show a letter of
 1086  exemption from the department before a local business tax
 1087  receipt occupational license to engage in business as a seller
 1088  of travel may be issued or reissued. If the department fails to
 1089  issue a letter of exemption on a timely basis, the seller of
 1090  travel shall submit to the department, through certified mail,
 1091  an affidavit containing her or his name and address and an
 1092  explanation of the exemption sought. Such affidavit may be used
 1093  in lieu of a letter of exemption for the purpose of obtaining a
 1094  business tax receipt an occupational license. In any civil or
 1095  criminal proceeding, the burden of proving an exemption under
 1096  this section shall be on the person claiming such exemption. A
 1097  letter of exemption issued by the department shall not be used
 1098  in, and shall have no bearing on, such proceedings.
 1099         Section 39. Subsection (5) of section 570.29, Florida
 1100  Statutes, is amended to read
 1101         570.29 Departmental divisions.—The department shall include
 1102  the following divisions:
 1103         (5) Consumer Protection Services.
 1104         Section 40. Section 570.544, Florida Statutes, is amended
 1105  to read:
 1106         570.544 Division of Consumer Protection Services; director;
 1107  powers; processing of complaints; records.—
 1108         (1) The director of the Division of Consumer Protection
 1109  Services shall be appointed by and serve at the pleasure of the
 1110  commissioner.
 1111         (2) The Division of Consumer Protection Services may:
 1112         (a) Conduct studies and make analyses of matters affecting
 1113  the interests of consumers.
 1114         (b) Study the operation of laws for consumer protection.
 1115         (c) Advise and make recommendations to the various state
 1116  agencies concerned with matters affecting consumers.
 1117         (d) Assist, advise, and cooperate with local, state, or
 1118  federal agencies and officials in order to promote the interests
 1119  of consumers.
 1120         (e) Make use of the testing and laboratory facilities of
 1121  the department for the detection of consumer fraud.
 1122         (f) Report to the appropriate law enforcement officers any
 1123  information concerning violation of consumer protection laws.
 1124         (g) Assist, develop, and conduct programs of consumer
 1125  education and consumer information through publications and
 1126  other informational and educational material prepared for
 1127  dissemination to the public, in order to increase the competence
 1128  of consumers.
 1129         (h) Organize and hold conferences on problems affecting
 1130  consumers.
 1131         (i) Recommend programs to encourage business and industry
 1132  to maintain high standards of honesty, fair business practices,
 1133  and public responsibility in the production, promotion, and sale
 1134  of consumer goods and services.
 1135         (3) In addition to the powers, duties, and responsibilities
 1136  authorized by this or any other chapter, the Division of
 1137  Consumer Protection Services shall serve as a clearinghouse for
 1138  matters relating to consumer protection, consumer information,
 1139  and consumer services generally. It shall receive complaints and
 1140  grievances from consumers and promptly transmit them to that
 1141  agency most directly concerned in order that the complaint or
 1142  grievance may be expeditiously handled in the best interests of
 1143  the complaining consumer. If no agency exists, the Division of
 1144  Consumer Protection Services shall seek a settlement of the
 1145  complaint using formal or informal methods of mediation and
 1146  conciliation and may seek any other resolution of the matter in
 1147  accordance with its jurisdiction.
 1148         (4) If any complaint received by the Division of Consumer
 1149  Protection Services concerns matters that which involve
 1150  concurrent jurisdiction in more than one agency, duplicate
 1151  copies of the complaint shall be referred to those offices
 1152  deemed to have concurrent jurisdiction.
 1153         (5)(a) Any agency, office, bureau, division, or board of
 1154  state government receiving a complaint that which deals with
 1155  consumer fraud or consumer protection and which is not within
 1156  the jurisdiction of the receiving agency, office, bureau,
 1157  division, or board originally receiving it, shall immediately
 1158  refer the complaint to the Division of Consumer Protection
 1159  Services.
 1160         (b) Upon receipt of such a complaint, the Division of
 1161  Consumer Protection Services shall make a determination of the
 1162  proper jurisdiction to which the complaint relates and shall
 1163  immediately refer the complaint to the agency, office, bureau,
 1164  division, or board that has which does have the proper
 1165  regulatory or enforcement authority to deal with it.
 1166         (6) The office or agency to which a complaint has been
 1167  referred shall within 30 days acknowledge receipt of the
 1168  complaint. If an office or agency receiving a complaint
 1169  determines that the matter presents a prima facie case for
 1170  criminal prosecution or if the complaint cannot be settled at
 1171  the administrative level, the complaint together with all
 1172  supporting evidence shall be transmitted to the Department of
 1173  Legal Affairs or other appropriate enforcement agency with a
 1174  recommendation for civil or criminal action warranted by the
 1175  evidence.
 1176         (7) The records of the Division of Consumer Protection
 1177  Services are public records. However, customer lists, customer
 1178  names, and trade secrets are confidential and exempt from the
 1179  provisions of s. 119.07(1). Disclosure necessary to enforcement
 1180  procedures does shall not violate be construed as violative of
 1181  this prohibition on the disclosure of confidential information.
 1182         (8) It shall be the duty of The Division of Consumer
 1183  Protection shall Services to maintain records and compile
 1184  summaries and analyses of consumer complaints and their eventual
 1185  disposition, which data may serve as a basis for recommendations
 1186  to the Legislature and to state regulatory agencies.
 1187         Section 41. Subsection (7) of section 681.102, Florida
 1188  Statutes, is amended, and present subsections (8) through (23)
 1189  of that subsection are renumbered as subsections (7) through
 1190  (22), respectively, to read:
 1191         681.102 Definitions.—As used in this chapter, the term:
 1192         (7) “Division” means the Division of Consumer Services of
 1193  the Department of Agriculture and Consumer Services.
 1194         Section 42. Subsection (3) of section 681.103, Florida
 1195  Statutes, is amended to read:
 1196         681.103 Duty of manufacturer to conform a motor vehicle to
 1197  the warranty.—
 1198         (3) At the time of acquisition, the manufacturer shall
 1199  inform the consumer clearly and conspicuously in writing how and
 1200  where to file a claim with a certified procedure if such
 1201  procedure has been established by the manufacturer pursuant to
 1202  s. 681.108. The nameplate manufacturer of a recreational vehicle
 1203  shall, at the time of vehicle acquisition, inform the consumer
 1204  clearly and conspicuously in writing how and where to file a
 1205  claim with a program pursuant to s. 681.1096. The manufacturer
 1206  shall provide to the dealer and, at the time of acquisition, the
 1207  dealer shall provide to the consumer a written statement that
 1208  explains the consumer’s rights under this chapter. The written
 1209  statement shall be prepared by the Department of Legal Affairs
 1210  and shall contain a toll-free number for the department which
 1211  division that the consumer can contact to obtain information
 1212  regarding the consumer’s rights and obligations under this
 1213  chapter or to commence arbitration. If the manufacturer obtains
 1214  a signed receipt for timely delivery of sufficient quantities of
 1215  this written statement to meet the dealer’s vehicle sales
 1216  requirements, it shall constitute prima facie evidence of
 1217  compliance with this subsection by the manufacturer. The
 1218  consumer’s signed acknowledgment of receipt of materials
 1219  required under this subsection shall constitute prima facie
 1220  evidence of compliance by the manufacturer and dealer. The form
 1221  of the acknowledgments shall be approved by the Department of
 1222  Legal Affairs, and the dealer shall maintain the consumer’s
 1223  signed acknowledgment for 3 years.
 1224         Section 43. Section 681.108, Florida Statutes, is amended
 1225  to read:
 1226         681.108 Dispute-settlement procedures.—
 1227         (1) If a manufacturer has established a procedure that,
 1228  which the department division has certified as substantially
 1229  complying with the provisions of 16 C.F.R. part 703, in effect
 1230  October 1, 1983, and with the provisions of this chapter and the
 1231  rules adopted under this chapter, and has informed the consumer
 1232  how and where to file a claim with such procedure pursuant to s.
 1233  681.103(3), the provisions of s. 681.104(2) apply to the
 1234  consumer only if the consumer has first resorted to such
 1235  procedure. The decisionmakers for a certified procedure shall,
 1236  in rendering decisions, take into account all legal and
 1237  equitable factors germane to a fair and just decision,
 1238  including, but not limited to, the warranty; the rights and
 1239  remedies conferred under 16 C.F.R. part 703, in effect October
 1240  1, 1983; the provisions of this chapter; and any other equitable
 1241  considerations appropriate under the circumstances.
 1242  Decisionmakers and staff of a procedure shall be trained in the
 1243  provisions of this chapter and in 16 C.F.R. part 703, in effect
 1244  October 1, 1983. In an action brought by a consumer concerning
 1245  an alleged nonconformity, the decision that results from a
 1246  certified procedure is admissible in evidence.
 1247         (2) A manufacturer may apply to the department division for
 1248  certification of its procedure. After receipt and evaluation of
 1249  the application, the department division shall certify the
 1250  procedure or notify the manufacturer of any deficiencies in the
 1251  application or the procedure.
 1252         (3) A certified procedure or a procedure of an applicant
 1253  seeking certification shall submit to the department division a
 1254  copy of each settlement approved by the procedure or decision
 1255  made by a decisionmaker within 30 days after the settlement is
 1256  reached or the decision is rendered. The decision or settlement
 1257  must contain at a minimum the:
 1258         (a) Name and address of the consumer;
 1259         (b) Name of the manufacturer and address of the dealership
 1260  from which the motor vehicle was purchased;
 1261         (c) Date the claim was received and the location of the
 1262  procedure office that handled the claim;
 1263         (d) Relief requested by the consumer;
 1264         (e) Name of each decisionmaker rendering the decision or
 1265  person approving the settlement;
 1266         (f) Statement of the terms of the settlement or decision;
 1267         (g) Date of the settlement or decision; and
 1268         (h) Statement of whether the decision was accepted or
 1269  rejected by the consumer.
 1270         (4) Any manufacturer establishing or applying to establish
 1271  a certified procedure must file with the department division a
 1272  copy of the annual audit required under the provisions of 16
 1273  C.F.R. part 703, in effect October 1, 1983, together with any
 1274  additional information required for purposes of certification,
 1275  including the number of refunds and replacements made in this
 1276  state pursuant to the provisions of this chapter by the
 1277  manufacturer during the period audited.
 1278         (5) The department division shall review each certified
 1279  procedure at least annually, prepare an annual report evaluating
 1280  the operation of certified procedures established by motor
 1281  vehicle manufacturers and procedures of applicants seeking
 1282  certification, and, for a period not to exceed 1 year, shall
 1283  grant certification to, or renew certification for, those
 1284  manufacturers whose procedures substantially comply with the
 1285  provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
 1286  with the provisions of this chapter and rules adopted under this
 1287  chapter. If certification is revoked or denied, the department
 1288  division shall state the reasons for such action. The reports
 1289  and records of actions taken with respect to certification shall
 1290  be public records.
 1291         (6) A manufacturer whose certification is denied or revoked
 1292  is entitled to a hearing pursuant to chapter 120.
 1293         (7) If federal preemption of state authority to regulate
 1294  procedures occurs, the provisions of subsection (1) concerning
 1295  prior resort do not apply.
 1296         (8) The department may division shall adopt rules to
 1297  administer implement this section.
 1298         Section 44. Section 681.109, Florida Statutes, is amended
 1299  to read:
 1300         681.109 Florida New Motor Vehicle Arbitration Board;
 1301  dispute eligibility.—
 1302         (1) If a manufacturer has a certified procedure, a consumer
 1303  claim arising during the Lemon Law rights period must be filed
 1304  with the certified procedure no later than 60 days after the
 1305  expiration of the Lemon Law rights period. If a decision is not
 1306  rendered by the certified procedure within 40 days of filing,
 1307  the consumer may apply to the department division to have the
 1308  dispute removed to the board for arbitration.
 1309         (2) If a manufacturer has a certified procedure, a consumer
 1310  claim arising during the Lemon Law rights period must be filed
 1311  with the certified procedure within no later than 60 days after
 1312  the expiration of the Lemon Law rights period. If a consumer is
 1313  not satisfied with the decision or the manufacturer’s compliance
 1314  therewith, the consumer may apply to the department division to
 1315  have the dispute submitted to the board for arbitration. A
 1316  manufacturer may not seek review of a decision made under its
 1317  procedure.
 1318         (3) If a manufacturer does not have a has no certified
 1319  procedure or if the a certified procedure does not have
 1320  jurisdiction to resolve the dispute, a consumer may apply
 1321  directly to the department division to have the dispute
 1322  submitted to the board for arbitration.
 1323         (4) A consumer must request arbitration before the board
 1324  with respect to a claim arising during the Lemon Law rights
 1325  period no later than 60 days after the expiration of the Lemon
 1326  Law rights period, or within 30 days after the final action of a
 1327  certified procedure, whichever date occurs later.
 1328         (5) The department division shall screen all requests for
 1329  arbitration before the board to determine eligibility. The
 1330  consumer’s request for arbitration before the board shall be
 1331  made on a form prescribed by the department. The department
 1332  division shall forward to the board all disputes that the
 1333  department division determines are potentially entitled to
 1334  relief under this chapter.
 1335         (6) The department division may reject a dispute that it
 1336  determines to be fraudulent or outside the scope of the board’s
 1337  authority. Any dispute deemed by the department division to be
 1338  ineligible for arbitration by the board due to insufficient
 1339  evidence may be reconsidered upon the submission of new
 1340  information regarding the dispute. Following a second review,
 1341  the department division may reject a dispute if the evidence is
 1342  clearly insufficient to qualify for relief. If the department
 1343  rejects a dispute, it must provide notice of the rejection and a
 1344  brief explanation of the reason for rejection Any dispute
 1345  rejected by the division shall be forwarded to the department
 1346  and a copy shall be sent by registered mail to the consumer and
 1347  to the manufacturer, containing a brief explanation as to the
 1348  reason for rejection.
 1349         (7) If the department division rejects a dispute, the
 1350  consumer may file a lawsuit to enforce the remedies provided
 1351  under this chapter. In any civil action arising under this
 1352  chapter and relating to a matter considered by the department
 1353  division, any determination made to reject a dispute is
 1354  admissible in evidence.
 1355         (8) The department may shall have the authority to adopt
 1356  reasonable rules to administer carry out the provisions of this
 1357  section.
 1358         Section 45. Subsections (2), (3), (4), (5), (9), (11), and
 1359  (12) of section 681.1095, Florida Statutes, are amended, and
 1360  subsection (17) is added to that section, to read:
 1361         681.1095 Florida New Motor Vehicle Arbitration Board;
 1362  creation and function.—
 1363         (2) The board boards shall hear cases in various locations
 1364  throughout the state so that any consumer whose dispute is
 1365  approved for arbitration by the department division may attend
 1366  an arbitration hearing at a reasonably convenient location and
 1367  present a dispute orally. Hearings shall be conducted by panels
 1368  of three board members assigned by the department. A majority
 1369  vote of the three-member board panel shall be required to render
 1370  a decision. Arbitration proceedings under this section shall be
 1371  open to the public on reasonable and nondiscriminatory terms.
 1372         (3) Each region of the board shall consist of up to eight
 1373  members. The members of the board shall construe and apply the
 1374  provisions of this chapter, and rules adopted thereunder, in
 1375  making their decisions. An administrator and a secretary shall
 1376  be assigned to the each board by the Department of Legal
 1377  Affairs. At least one member of the each board in each region
 1378  must have be a person with expertise in motor vehicle mechanics.
 1379  A member may must not be employed by a manufacturer or a
 1380  franchised motor vehicle dealer or be a staff member, a
 1381  decisionmaker, or a consultant for a procedure. Board members
 1382  shall be trained in the application of this chapter and any
 1383  rules adopted under this chapter. Members of the board, shall be
 1384  reimbursed for travel expenses pursuant to s. 112.061, and shall
 1385  be compensated at a rate or wage prescribed by the Attorney
 1386  General and are entitled to reimbursement for per diem and
 1387  travel expenses pursuant to s. 112.061.
 1388         (4) Before filing a civil action on a matter subject to s.
 1389  681.104, the consumer must first submit the dispute to the
 1390  department division, and to the board if such dispute is deemed
 1391  eligible for arbitration.
 1392         (5) Manufacturers shall submit to arbitration conducted by
 1393  the board if such arbitration is requested by a consumer and the
 1394  dispute is deemed eligible for arbitration by the department
 1395  division pursuant to s. 681.109.
 1396         (9) The decision of the board shall be sent by any method
 1397  providing a delivery confirmation registered mail to the
 1398  consumer and the manufacturer, and shall contain written
 1399  findings of fact and rationale for the decision. If the decision
 1400  is in favor of the consumer, the manufacturer must, within 40
 1401  days after receipt of the decision, comply with the terms of the
 1402  decision. Compliance occurs on the date the consumer receives
 1403  delivery of an acceptable replacement motor vehicle or the
 1404  refund specified in the arbitration award. In any civil action
 1405  arising under this chapter and relating to a dispute arbitrated
 1406  before the board, any decision by the board is admissible in
 1407  evidence.
 1408         (11) All provisions in This section and s. 681.109
 1409  pertaining to compulsory arbitration before the board, the
 1410  dispute eligibility screening by the department division, the
 1411  proceedings and decisions of the board, and any appeals thereof,
 1412  are exempt from the provisions of chapter 120.
 1413         (12) An appeal of a decision by the board to the circuit
 1414  court by a consumer or a manufacturer shall be by trial de novo.
 1415  In a written petition to appeal a decision by the board, the
 1416  appealing party must state the action requested and the grounds
 1417  relied upon for appeal. Within 15 30 days after of final
 1418  disposition of the appeal, the appealing party shall furnish the
 1419  department with notice of such disposition and, upon request,
 1420  shall furnish the department with a copy of the settlement or
 1421  the order or judgment of the court.
 1422         (17) The department may adopt rules to administer this
 1423  section.
 1424         Section 46. Subsection (2) of section 681.1096, Florida
 1425  Statutes, is amended to read:
 1426         681.1096 RV Mediation and Arbitration Program; creation and
 1427  qualifications.—
 1428         (2) Each manufacturer of a recreational vehicle involved in
 1429  a dispute that is determined eligible under this chapter,
 1430  including chassis and component manufacturers that which
 1431  separately warrant the chassis and components and that which
 1432  otherwise meet the definition of manufacturer set forth in s.
 1433  681.102(13) 681.102(14), shall participate in a mediation and
 1434  arbitration program that is deemed qualified by the department.
 1435         Section 47. Subsection (2) of section 681.112, Florida
 1436  Statutes, is amended to read:
 1437         681.112 Consumer remedies.—
 1438         (2) An action brought under this chapter must be commenced
 1439  within 1 year after the expiration of the Lemon Law rights
 1440  period, or, if a consumer resorts to an informal dispute
 1441  settlement procedure or submits a dispute to the department
 1442  division or board, within 1 year after the final action of the
 1443  procedure, department division, or board.
 1444         Section 48. Subsection (1) of section 681.117, Florida
 1445  Statutes, is amended to read:
 1446         681.117 Fee.—
 1447         (1) A $2 fee shall be collected by a motor vehicle dealer,
 1448  or by a person engaged in the business of leasing motor
 1449  vehicles, from the consumer at the consummation of the sale of a
 1450  motor vehicle or at the time of entry into a lease agreement for
 1451  a motor vehicle. Such fees shall be remitted to the county tax
 1452  collector or private tag agency acting as agent for the
 1453  Department of Revenue. If the purchaser or lessee removes the
 1454  motor vehicle from the state for titling and registration
 1455  outside this state, the fee shall be remitted to the Department
 1456  of Revenue. All fees, less the cost of administration, shall be
 1457  transferred monthly to the Department of Legal Affairs for
 1458  deposit into the Motor Vehicle Warranty Trust Fund. The
 1459  Department of Legal Affairs shall distribute monthly an amount
 1460  not exceeding one-fourth of the fees received to the Division of
 1461  Consumer Services of the Department of Agriculture and Consumer
 1462  Services to carry out the provisions of ss. 681.108 and 681.109.
 1463  The Department of Legal Affairs shall contract with the Division
 1464  of Consumer Services for payment of services performed by the
 1465  division pursuant to ss. 681.108 and 681.109.
 1466         Section 49. Subsection (3) of section 849.0915, Florida
 1467  Statutes, is amended to read:
 1468         849.0915 Referral selling.—
 1469         (3) In addition to the penalty provided herein, the
 1470  Attorney General and her or his assistants, the state attorneys
 1471  and their assistants, and the Division of Consumer Protection
 1472  Services of the Department of Agriculture and Consumer Services
 1473  are authorized to apply to the circuit court within their
 1474  respective jurisdictions, and the such court has shall have
 1475  jurisdiction, upon hearing and for cause shown, to grant a
 1476  temporary or permanent injunction restraining any person from
 1477  violating the provisions of this section, whether or not there
 1478  exists an adequate remedy at law, and such injunction shall
 1479  issue without bond.
 1480         Section 50. This act shall take effect July 1, 2011.
 1481  
 1482  
 1483  ================= T I T L E  A M E N D M E N T ================
 1484         And the title is amended as follows:
 1485         Delete everything before the enacting clause
 1486  and insert:
 1487                        A bill to be entitled                      
 1488         An act relating to the Department of Agriculture and
 1489         Consumer Services; amending ss. 14.26, 20.14, 213.053,
 1490         320.275, and 366.85, F.S.; renaming the Division of
 1491         Consumer Services within the department as the
 1492         “Division of Consumer Protection”; amending s. 320.90,
 1493         F.S.; deleting a reference to the Department of
 1494         Agriculture and Consumer Services; amending s.
 1495         493.6105, F.S.; revising the information that a person
 1496         must supply in an application for licensure as a
 1497         private investigator, private security service, or
 1498         repossession service; deleting a requirement that
 1499         certain applicants supply photographs along with an
 1500         application; revising the certificates that a person
 1501         applying for a class “K” firearms instructor’s license
 1502         must supply along with an application for the license;
 1503         making technical and grammatical changes; amending s.
 1504         493.6106, F.S.; providing that applicants for certain
 1505         licenses as a private investigator, private security
 1506         service or repossession service must meet certain
 1507         citizenship or immigration requirements and not be
 1508         prohibited by law from purchasing a firearm; making
 1509         grammatical and technical changes; amending s.
 1510         493.6107, F.S.; authorizing a Class “M,” Class “G,”
 1511         and Class “K” licensee or applicant to pay examination
 1512         fees and license fees by personal check or, if
 1513         authorized by the department, by electronic funds
 1514         transfer; amending s. 493.6108, F.S.; requiring the
 1515         department to investigate the mental fitness of an
 1516         applicant of a Class “K” firearms instructor license;
 1517         amending s. 493.6111, F.S.; providing that Class “K”
 1518         firearms instructor licenses are valid for 3 years;
 1519         requiring an applicant for a recovery school or
 1520         security officer school to receive approval from the
 1521         department before operating under a fictitious name;
 1522         making technical and grammatical changes; amending s.
 1523         493.6113, F.S.; deleting a requirement that Class “A”
 1524         private investigative agency licensees and Class “R”
 1525         recovery agency licensees provide evidence of certain
 1526         insurance coverage with an application to renew a
 1527         license; requiring a Class “K” firearms instructor
 1528         licensee to submit proof of certification to provide
 1529         firearms instruction; amending s. 493.6115, F.S.;
 1530         conforming cross-references to changes made by the
 1531         act; making technical and grammatical changes;
 1532         amending s. 493.6118, F.S.; authorizing the department
 1533         to take disciplinary action against a Class “G”
 1534         statewide firearms licensee or applicant or a Class
 1535         “K” firearms instructor licensee or applicant if the
 1536         person is prohibited from purchasing a firearm by law;
 1537         amending s. 493.6121, F.S.; deleting a provision
 1538         authorizing the department to have access to certain
 1539         criminal history information of a purchaser of a
 1540         firearm; amending s. 493.6202, F.S.; authorizing a
 1541         Class “A,” Class “AA,” Class “MA,” Class “C,” or Class
 1542         “CC” licensee or applicant to pay examination fees and
 1543         license fees by personal check or, if authorized by
 1544         the department, by electronic funds transfer; amending
 1545         s. 493.6203, F.S.; providing that experience as a
 1546         bodyguard does not qualify as experience or training
 1547         for purposes of a Class “MA” or Class “C” license;
 1548         requiring an initial applicant for a Class “CC”
 1549         license to complete specified training courses; making
 1550         technical and grammatical changes and conforming a
 1551         cross-reference; amending s. 493.6302, F.S.;
 1552         authorizing a Class “B,” Class “BB,” Class “MB,” Class
 1553         “D,” Class “DS,” or Class “DI” licensee or applicant
 1554         to pay examination fees and license fees by personal
 1555         check or, if authorized by the department, by
 1556         electronic funds transfer; amending s. 493.6303, F.S.;
 1557         requiring an applicant for an initial Class “D”
 1558         license to complete specified training courses; making
 1559         technical and grammatical changes; amending s.
 1560         493.6304, F.S.; requiring an application for a
 1561         security officer school or training facility to be
 1562         verified under oath; amending ss. 493.6401 and
 1563         493.6402, F.S.; renaming reposessors as “recovery
 1564         agents”; authorizing a Class “R,” Class “RR,” Class
 1565         “MR,” Class “E,” Class “EE,” Class “RS,” or Class “RI”
 1566         licensee or applicant to pay examination fees and
 1567         license fees by personal check or, if authorized by
 1568         the department, by electronic funds transfer; amending
 1569         s. 493.6406, F.S.; requiring recovery agent schools or
 1570         instructors to be licensed by the department to offer
 1571         training to Class “E” licensees and applicants;
 1572         amending ss. 496.404, 496.411, and 496.412, F.S.;
 1573         renaming the Division of Consumer Services as the
 1574         “Division of Consumer Protection”; amending s.
 1575         496.419, F.S.; clarifying the powers of the department
 1576         to enter an order; amending s. 501.015, F.S.;
 1577         correcting a reference to a local business tax
 1578         receipt; amending s. 501.017, F.S.; specifying the
 1579         minimum type size for requiring certain disclosures in
 1580         contracts between a consumer and a health studio;
 1581         amending s. 501.145, F.S.; deleting a reference to the
 1582         department as an enforcing authority in the Bedding
 1583         Label Act; amending s. 501.160, F.S.; deleting
 1584         authorization for the department to enforce certain
 1585         prohibitions against unconscionable practices during a
 1586         declared state of emergency; amending s. 501.605,
 1587         F.S.; deleting a requirement that a person supply his
 1588         or her social security number on an application as a
 1589         commercial telephone seller and adding requirement for
 1590         other valid form of identification; amending s.
 1591         501.607, F.S.; deleting a requirement that a person
 1592         supply his or her social security number on an
 1593         application as a salesperson; amending s. 526.06,
 1594         F.S.; to delete reference to sale of gasoline blended
 1595         with ethanol; amending s. 526.203, F.S.; altering the
 1596         mixture of blended gasoline; amending s. 539.001,
 1597         F.S.; correcting a reference to a local business tax
 1598         receipt; amending s. 559.805, F.S.; deleting a
 1599         requirement that a seller of a business opportunity
 1600         provide the social security numbers of the seller’s
 1601         agents to the department; amending s. 559.904, F.S.;
 1602         correcting a reference to a local business tax
 1603         receipt; amending s. 559.928, F.S.; correcting a
 1604         reference to a local business tax receipt; amending s.
 1605         559.935, F.S.; correcting a reference to local
 1606         business tax receipts; amending s. 570.29, F.S.;
 1607         renaming the Division of Consumer Services as the
 1608         Division of Consumer Protection; amending s. 570.544,
 1609         F.S.; renaming the Division of Consumer Services as
 1610         the “Division of Consumer Protection”; amending s.
 1611         681.102, F.S.; deleting a reference to the division in
 1612         the Motor Vehicle Warranty Enforcement Act; amending
 1613         ss. 681.103, 681.108, and 681.109, F.S.; transferring
 1614         certain responsibilities under the Lemon Law to the
 1615         department from the Division of Consumer Services;
 1616         amending s. 681.1095, F.S.; transferring certain
 1617         responsibilities relating to the New Motor Vehicle
 1618         Arbitration Board to the department from the Division
 1619         of Consumer Services; authorizing the board to send
 1620         its decisions by any method providing a delivery
 1621         confirmation; authorizing the department to adopt
 1622         rules; amending s. 681.1096, F.S.; conforming a cross
 1623         reference to changes made by the act; amending s.
 1624         681.112, F.S.; transferring certain responsibilities
 1625         relating to the Lemon Law to the department from the
 1626         Division of Consumer Services; amending s. 681.117,
 1627         F.S.; deleting a provision requiring the Department of
 1628         Legal Affairs to contract with the Division of
 1629         Consumer Services for services relating to dispute
 1630         settlement procedures and the New Motor Vehicle
 1631         Arbitration Board; amending s. 849.0915, F.S.;
 1632         renaming the Division of Consumer Services as the
 1633         “Division of Consumer Protection”; providing an
 1634         effective date.