Florida Senate - 2011                (Corrected Copy)    SB 1916
       
       
       
       By Senator Detert
       
       
       
       
       23-01533C-11                                          20111916__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending ss. 14.26, 20.14, 213.053,
    4         320.275, and 366.85, F.S.; renaming the Division of
    5         Consumer Services within the department as the
    6         “Division of Consumer Protection”; amending s.
    7         493.6105, F.S.; revising the information that a person
    8         must supply in an application for licensure as a
    9         private investigator, private security service, or
   10         repossession service; deleting a requirement that
   11         certain applicants supply photographs along with an
   12         application; revising the certificates that a person
   13         applying for a class “K” firearms instructor’s license
   14         must supply along with an application for the license;
   15         making technical and grammatical changes; amending s.
   16         493.6106, F.S.; providing that applicants for certain
   17         licenses as a private investigator, private security
   18         service or repossession service must meet certain
   19         citizenship or immigration requirements and not be
   20         prohibited by law from purchasing a firearm; making
   21         grammatical and technical changes; amending s.
   22         493.6107, F.S.; authorizing a Class “M,” Class “G,”
   23         and Class “K” licensee or applicant to pay examination
   24         fees and license fees by personal check or, if
   25         authorized by the department, by electronic funds
   26         transfer; amending s. 493.6108, F.S.; requiring the
   27         department to investigate the mental fitness of an
   28         applicant of a Class “K” firearms instructor license;
   29         amending s. 493.6111, F.S.; providing that Class “K”
   30         firearms instructor licenses are valid for 3 years;
   31         requiring an applicant for a recovery school or
   32         security officer school to receive approval from the
   33         department before operating under a fictitious name;
   34         making technical and grammatical changes; amending s.
   35         493.6113, F.S.; deleting a requirement that Class “A”
   36         private investigative agency licensees and Class “R”
   37         recovery agency licensees provide evidence of certain
   38         insurance coverage with an application to renew a
   39         license; requiring a Class “K” firearms instructor
   40         licensee to submit proof of certification to provide
   41         firearms instruction; amending s. 493.6115, F.S.;
   42         conforming cross-references to changes made by the
   43         act; making technical and grammatical changes;
   44         amending s. 493.6118, F.S.; authorizing the department
   45         to take disciplinary action against a Class “G”
   46         statewide firearms licensee or applicant or a Class
   47         “K” firearms instructor licensee or applicant if the
   48         person is prohibited from purchasing a firearm by law;
   49         amending s. 493.6121, F.S.; deleting a provision
   50         authorizing the department to have access to certain
   51         criminal history information of a purchaser of a
   52         firearm; amending s. 493.6202, F.S.; authorizing a
   53         Class “A,” Class “AA,” Class “MA,” Class “C,” or Class
   54         “CC” licensee or applicant to pay examination fees and
   55         license fees by personal check or, if authorized by
   56         the department, by electronic funds transfer; amending
   57         s. 493.6203, F.S.; providing that experience as a
   58         bodyguard does not qualify as experience or training
   59         for purposes of a Class “MA” or Class “C” license;
   60         requiring an initial applicant for a Class “CC”
   61         license to complete specified training courses; making
   62         technical and grammatical changes and conforming a
   63         cross-reference; amending s. 493.6302, F.S.;
   64         authorizing a Class “B,” Class “BB,” Class “MB,” Class
   65         “D,” Class “DS,” or Class “DI” licensee or applicant
   66         to pay examination fees and license fees by personal
   67         check or, if authorized by the department, by
   68         electronic funds transfer; amending s. 493.6303, F.S.;
   69         requiring an applicant for an initial Class “D”
   70         license to complete specified training courses; making
   71         technical and grammatical changes; amending s.
   72         493.6304, F.S.; requiring an application for a
   73         security officer school or training facility to be
   74         verified under oath; amending ss. 493.6401 and
   75         493.6402, F.S.; renaming reposessors as “recovery
   76         agents”; authorizing a Class “R,” Class “RR,” Class
   77         “MR,” Class “E,” Class “EE,” Class “RS,” or Class “RI”
   78         licensee or applicant to pay examination fees and
   79         license fees by personal check or, if authorized by
   80         the department, by electronic funds transfer; amending
   81         s. 493.6406, F.S.; requiring recovery agent schools or
   82         instructors to be licensed by the department to offer
   83         training to Class “E” licensees and applicants;
   84         amending ss. 496.404, 496.411, and 496.412, F.S.;
   85         renaming the Division of Consumer Services as the
   86         “Division of Consumer Protection”; amending s.
   87         496.419, F.S.; deleting authorization for the
   88         department to enter an order; amending s. 501.015,
   89         F.S.; correcting a reference to a local business tax
   90         receipt; amending s. 501.017, F.S.; specifying the
   91         minimum type size for requiring certain disclosures in
   92         contracts between a consumer and a health studio;
   93         amending s. 501.145, F.S.; deleting a reference to the
   94         department in the Bedding Label Act; amending s.
   95         501.160, F.S.; deleting authorization for the
   96         department to enforce certain prohibitions against
   97         unconscionable practices during a declared state of
   98         emergency; amending s. 501.605, F.S.; deleting a
   99         requirement that a person supply his or her social
  100         security number on an application as a commercial
  101         telephone seller; amending s. 501.607, F.S.; deleting
  102         a requirement that a person supply his or her social
  103         security number on an application as a salesperson;
  104         amending s. 539.001, F.S.; correcting a reference to a
  105         local business tax receipt; amending s. 559.805, F.S.;
  106         deleting a requirement that a seller of a business
  107         opportunity provide the social security numbers of the
  108         seller’s agents to the department; amending s.
  109         559.904, F.S.; correcting a reference to a local
  110         business tax receipt; amending s. 570.544, F.S.;
  111         renaming the Division of Consumer Services as the
  112         “Division of Consumer Protection”; amending s.
  113         681.102, F.S.; deleting a reference to the division in
  114         the Motor Vehicle Warranty Enforcement Act; amending
  115         ss. 681.103, 681.108, and 681.109, F.S.; transferring
  116         certain responsibilities under the Lemon Law to the
  117         department from the Division of Consumer Services;
  118         amending s. 681.1095, F.S.; transferring certain
  119         responsibilities relating to the New Motor Vehicle
  120         Arbitration Board to the department from the Division
  121         of Consumer Services; authorizing the board to send
  122         its decisions by any method providing a delivery
  123         confirmation; authorizing the department to adopt
  124         rules; amending s. 681.1096, F.S.; conforming a cross
  125         reference to changes made by the act; amending s.
  126         681.112, F.S.; transferring certain responsibilities
  127         relating to the Lemon Law to the department from the
  128         Division of Consumer Services; amending s. 681.117,
  129         F.S.; deleting a provision requiring the Department of
  130         Legal Affairs to contract with the Division of
  131         Consumer Services for services relating to dispute
  132         settlement procedures and the New Motor Vehicle
  133         Arbitration Board; amending s. 849.0915, F.S.;
  134         renaming the Division of Consumer Services as the
  135         “Division of Consumer Protection”; providing an
  136         effective date.
  137  
  138  Be It Enacted by the Legislature of the State of Florida:
  139  
  140         Section 1. Subsection (4) of section 14.26, Florida
  141  Statutes, is amended to read:
  142         14.26 Citizen’s Assistance Office.—
  143         (4) The Citizen’s Assistance Office shall refer consumer
  144  oriented complaints to the Division of Consumer Protection
  145  Services of the Department of Agriculture and Consumer Services.
  146         Section 2. Paragraph (e) of subsection (2) of section
  147  20.14, Florida Statutes, is amended to read:
  148         20.14 Department of Agriculture and Consumer Services.
  149  There is created a Department of Agriculture and Consumer
  150  Services.
  151         (2) The following divisions of the Department of
  152  Agriculture and Consumer Services are established:
  153         (e) Consumer Protection Services.
  154         Section 3. Paragraph (q) of subsection (8) of section
  155  213.053, Florida Statutes, as amended by chapter 2010-280, Laws
  156  of Florida, is amended to read:
  157         213.053 Confidentiality and information sharing.—
  158         (8) Notwithstanding any other provision of this section,
  159  the department may provide:
  160         (q) Names, addresses, and sales tax registration
  161  information to the Division of Consumer Protection Services of
  162  the Department of Agriculture and Consumer Services in the
  163  conduct of its official duties.
  164  
  165  Disclosure of information under this subsection shall be
  166  pursuant to a written agreement between the executive director
  167  and the agency. Such agencies, governmental or nongovernmental,
  168  shall be bound by the same requirements of confidentiality as
  169  the Department of Revenue. Breach of confidentiality is a
  170  misdemeanor of the first degree, punishable as provided by s.
  171  775.082 or s. 775.083.
  172         Section 4. Paragraphs (a) and (b) of subsection (2) of
  173  section 320.275, Florida Statutes, are amended to read:
  174         320.275 Automobile Dealers Industry Advisory Board.—
  175         (2) MEMBERSHIP, TERMS, MEETINGS.—
  176         (a) The board shall be composed of 12 members. The
  177  executive director of the Department of Highway Safety and Motor
  178  Vehicles shall appoint the members from names submitted by the
  179  entities for the designated categories the member will
  180  represent. The executive director shall appoint one
  181  representative of the Department of Highway Safety and Motor
  182  Vehicles, who must represent the Division of Motor Vehicles; two
  183  representatives of the independent motor vehicle industry as
  184  recommended by the Florida Independent Automobile Dealers
  185  Association; two representatives of the franchise motor vehicle
  186  industry as recommended by the Florida Automobile Dealers
  187  Association; one representative of the auction motor vehicle
  188  industry who is from an auction chain and is recommended by a
  189  group affiliated with the National Auto Auction Association; one
  190  representative of the auction motor vehicle industry who is from
  191  an independent auction and is recommended by a group affiliated
  192  with the National Auto Auction Association; one representative
  193  from the Department of Revenue; a Florida tax collector
  194  representative recommended by the Florida Tax Collectors
  195  Association; one representative from the Better Business Bureau;
  196  one representative from the Department of Agriculture and
  197  Consumer Services, who must represent the Division of Consumer
  198  Protection Services; and one representative of the insurance
  199  industry who writes motor vehicle dealer surety bonds.
  200         (b)1. The executive director shall appoint the following
  201  initial members to 1-year terms: one representative from the
  202  motor vehicle auction industry who represents an auction chain,
  203  one representative from the independent motor vehicle industry,
  204  one representative from the franchise motor vehicle industry,
  205  one representative from the Department of Revenue, one Florida
  206  tax collector, and one representative from the Better Business
  207  Bureau.
  208         2. The executive director shall appoint the following
  209  initial members to 2-year terms: one representative from the
  210  motor vehicle auction industry who represents an independent
  211  auction, one representative from the independent motor vehicle
  212  industry, one representative from the franchise motor vehicle
  213  industry, one representative from the Division of Consumer
  214  Protection Services, one representative from the insurance
  215  industry, and one representative from the Division of Motor
  216  Vehicles.
  217         3. As the initial terms expire, the executive director
  218  shall appoint successors from the same designated category for
  219  terms of 2 years. If renominated, a member may succeed himself
  220  or herself.
  221         4. The board shall appoint a chair and vice chair at its
  222  initial meeting and every 2 years thereafter.
  223         Section 5. Section 366.85, Florida Statutes, is amended to
  224  read:
  225         366.85 Responsibilities of Division of Consumer Protection
  226  Services.—The Division of Consumer Protection Services of the
  227  Department of Agriculture and Consumer Services is shall be the
  228  agency responsible for consumer conciliatory conferences, if
  229  such conferences are required pursuant to federal law. The
  230  division shall also be the agency responsible for preparing
  231  lists of sources for energy conservation products or services
  232  and of financial institutions offering energy conservation
  233  loans, if such lists are required pursuant to federal law.
  234  Notwithstanding any provision of federal law to the contrary,
  235  the division shall not require any manufacturer’s warranty
  236  exceeding 1 year in order for a source of conservation products
  237  or services to be included on the appropriate list. The lists
  238  shall be prepared for the service area of each utility and shall
  239  be furnished to each utility for distribution to its customers.
  240  The division shall update the lists on a systematic basis and
  241  shall remove from any list any person who has been disciplined
  242  by any state agency or who has otherwise exhibited a pattern of
  243  unsatisfactory work and any person who requests removal from
  244  such lists. The division may is authorized to adopt rules to
  245  implement the provisions of this section.
  246         Section 6. Section 493.6105, Florida Statutes, is amended
  247  to read:
  248         493.6105 Initial application for license.—
  249         (1) Each individual, partner, or principal officer in a
  250  corporation, shall file with the department a complete
  251  application accompanied by an application fee not to exceed $60,
  252  except that the applicant for a Class “D” or Class “G” license
  253  is shall not be required to submit an application fee. The
  254  application fee is shall not be refundable.
  255         (a) The application submitted by any individual, partner,
  256  or corporate officer must shall be approved by the department
  257  before the prior to that individual, partner, or corporate
  258  officer assumes assuming his or her duties.
  259         (b) Individuals who invest in the ownership of a licensed
  260  agency, but do not participate in, direct, or control the
  261  operations of the agency are shall not be required to file an
  262  application.
  263         (2) Each application must shall be signed and verified by
  264  the individual under oath as provided in s. 92.525 and shall be
  265  notarized.
  266         (3) The application must shall contain the following
  267  information concerning the individual signing the application
  268  same:
  269         (a) Name and any aliases.
  270         (b) Age and date of birth.
  271         (c) Place of birth.
  272         (d) Social security number or alien registration number,
  273  whichever is applicable.
  274         (e) Current Present residence address and mailing address
  275  his or her residence addresses within the 5 years immediately
  276  preceding the submission of the application.
  277         (f) Occupations held presently and within the 5 years
  278  immediately preceding the submission of the application.
  279         (f)(g) A statement of all criminal convictions, findings of
  280  guilt, and pleas of guilty or nolo contendere, regardless of
  281  adjudication of guilt. An applicant for a Class “G” or Class “K”
  282  license who is younger than 24 years of age shall also include a
  283  statement regarding any finding of having committed a delinquent
  284  act in any state, territory, or country which would be a felony
  285  if committed by an adult and which is punishable by imprisonment
  286  for a term exceeding 1 year.
  287         (g) One passport-type color photograph taken within the 6
  288  months immediately preceding submission of the application.
  289         (h) A statement whether he or she has ever been adjudicated
  290  incompetent under chapter 744.
  291         (i) A statement whether he or she has ever been committed
  292  to a mental institution under chapter 394.
  293         (j) A full set of fingerprints on a card provided by the
  294  department and a fingerprint fee to be established by rule of
  295  the department based upon costs determined by state and federal
  296  agency charges and department processing costs. An applicant who
  297  has, within the immediately preceding 6 months, submitted a
  298  fingerprint card and fee for licensing purposes under this
  299  chapter is shall not be required to submit another fingerprint
  300  card or fee.
  301         (k) A personal inquiry waiver that which allows the
  302  department to conduct necessary investigations to satisfy the
  303  requirements of this chapter.
  304         (l) Such further facts as may be required by the department
  305  to show that the individual signing the application is of good
  306  moral character and qualified by experience and training to
  307  satisfy the requirements of this chapter.
  308         (4) In addition to the application requirements outlined in
  309  subsection (3), the applicant for a Class “C,” Class “CC,” Class
  310  “E,” Class “EE,” or Class “G” license shall submit two color
  311  photographs taken within the 6 months immediately preceding the
  312  submission of the application, which meet specifications
  313  prescribed by rule of the department. All other applicants shall
  314  submit one photograph taken within the 6 months immediately
  315  preceding the submission of the application.
  316         (4)(5) In addition to the application requirements outlined
  317  under subsection (3), the applicant for a Class “C,” Class “E,”
  318  Class “M,” Class “MA,” Class “MB,” or Class “MR” license must
  319  shall include a statement on a form provided by the department
  320  of the experience that which he or she believes will qualify him
  321  or her for such license.
  322         (5)(6) In addition to the requirements outlined in
  323  subsection (3), an applicant for a Class “G” license must shall
  324  satisfy minimum training criteria for firearms established by
  325  rule of the department, which training criteria includes shall
  326  include, but is not limited to, 28 hours of range and classroom
  327  training taught and administered by a Class “K” licensee;
  328  however, no more than 8 hours of such training shall consist of
  329  range training. If the applicant submits can show proof that he
  330  or she is an active law enforcement officer currently certified
  331  under the Criminal Justice Standards and Training Commission or
  332  has completed the training required for that certification
  333  within the last 12 months, or if the applicant submits one of
  334  the certificates specified in paragraph (6)(a) (7)(a), the
  335  department may waive the foregoing firearms training
  336  requirement.
  337         (6)(7) In addition to the requirements under subsection
  338  (3), an applicant for a Class “K” license must shall:
  339         (a) Submit one of the following certificates:
  340         1. The Florida Criminal Justice Standards and Training
  341  Commission Instructor Firearms Instructor’s Certificate and
  342  written confirmation by the commission that the applicant
  343  possesses an active firearms certification.
  344         2. The National Rifle Association Police Firearms
  345  Instructor’s Certificate.
  346         2.3. The National Rifle Association Private Security
  347  Firearm Instructor Firearms Instructor’s Certificate.
  348         3.4. A firearms instructor instructor’s certificate issued
  349  by from a federal law enforcement agency, state, county, or
  350  municipal police academy in this state recognized as such by the
  351  Criminal Justice Standards and Training Commission or by the
  352  Department of Education.
  353         (b) Pay the fee for and pass an examination administered by
  354  the department which shall be based upon, but is not necessarily
  355  limited to, a firearms instruction manual provided by the
  356  department.
  357         (7)(8) In addition to the application requirements for
  358  individuals, partners, or officers outlined under subsection
  359  (3), the application for an agency license must shall contain
  360  the following information:
  361         (a) The proposed name under which the agency intends to
  362  operate.
  363         (b) The street address, mailing address, and telephone
  364  numbers of the principal location at which business is to be
  365  conducted in this state.
  366         (c) The street address, mailing address, and telephone
  367  numbers of all branch offices within this state.
  368         (d) The names and titles of all partners or, in the case of
  369  a corporation, the names and titles of its principal officers.
  370         (8)(9) Upon submission of a complete application, a Class
  371  “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
  372  Class “MA,” Class “MB,” or Class “MR” applicant may commence
  373  employment or appropriate duties for a licensed agency or branch
  374  office. However, the Class “C” or Class “E” applicant must work
  375  under the direction and control of a sponsoring licensee while
  376  his or her application is being processed. If the department
  377  denies application for licensure, the employment of the
  378  applicant must be terminated immediately, unless he or she
  379  performs only unregulated duties.
  380         Section 7. Paragraph (f) of subsection (1) and paragraph
  381  (a) of subsection (2) of section 493.6106, Florida Statutes, are
  382  amended, and paragraph (g) is added to subsection (1) of that
  383  section, to read:
  384         493.6106 License requirements; posting.—
  385         (1) Each individual licensed by the department must:
  386         (f) Be a citizen or permanent legal resident alien of the
  387  United States or have appropriate been granted authorization
  388  issued to seek employment in this country by the United States
  389  Bureau of Citizenship and Immigration Services of the United
  390  States Department of Homeland Security.
  391         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  392  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  393  “MB,” Class “MR,” or Class “RI” license who is not a United
  394  States citizen must submit proof of current employment
  395  authorization issued by the United States Citizenship and
  396  Immigration Services or proof that she or he is deemed a
  397  permanent legal resident alien by the United States Citizenship
  398  and Immigration Services.
  399         2. An applicant for a Class “G” or Class “K” license who is
  400  not a United States citizen must submit proof that she or he is
  401  deemed a permanent legal resident alien by the United States
  402  Citizenship and Immigration Services, together with additional
  403  documentation establishing that she or he has resided in the
  404  state of residence shown on the application for at least 90
  405  consecutive days before the date that the application is
  406  submitted.
  407         3. An applicant for an agency or school license who is not
  408  a United States citizen or permanent legal resident alien must
  409  submit documentation issued by the United States Citizenship and
  410  Immigration Services stating that she or he is lawfully in the
  411  United States and is authorized to own and operate the type of
  412  agency or school for which she or he is applying. An employment
  413  authorization card issued by the United States Citizenship and
  414  Immigration Services is not sufficient documentation.
  415         (g) Not be prohibited from purchasing or possessing a
  416  firearm by state or federal law if the individual is applying
  417  for a Class “G” license or a Class “K” license.
  418         (2) Each agency shall have a minimum of one physical
  419  location within this state from which the normal business of the
  420  agency is conducted, and this location shall be considered the
  421  primary office for that agency in this state.
  422         (a) If an agency or branch office desires to change the
  423  physical location of the business, as it appears on the agency
  424  license, the department must be notified within 10 days of the
  425  change, and, except upon renewal, the fee prescribed in s.
  426  493.6107 must be submitted for each license requiring revision.
  427  Each license requiring revision must be returned with such
  428  notification.
  429         Section 8. Subsection (3) of section 493.6107, Florida
  430  Statutes, is amended to read:
  431         493.6107 Fees.—
  432         (3) The fees set forth in this section must be paid by
  433  certified check or money order or, at the discretion of the
  434  department, by electronic funds transfer agency check at the
  435  time the application is approved, except that the applicant for
  436  a Class “G” or Class “M” license must pay the license fee at the
  437  time the application is made. If a license is revoked or denied
  438  or if the application is withdrawn, the license fee is
  439  nonrefundable shall not be refunded.
  440         Section 9. Subsections (1) and (3) of section 493.6108,
  441  Florida Statutes, are amended to read:
  442         493.6108 Investigation of applicants by Department of
  443  Agriculture and Consumer Services.—
  444         (1) Except as otherwise provided, prior to the issuance of
  445  a license under this chapter, the department must investigate an
  446  shall make an investigation of the applicant for a license under
  447  this chapter before it may issue the license. The investigation
  448  must shall include:
  449         (a)1. An examination of fingerprint records and police
  450  records. If When a criminal history record check analysis of any
  451  applicant under this chapter is performed by means of
  452  fingerprint card identification, the time limitations prescribed
  453  by s. 120.60(1) shall be tolled during the time the applicant’s
  454  fingerprint card is under review by the Department of Law
  455  Enforcement or the United States Department of Justice, Federal
  456  Bureau of Investigation.
  457         2. If a legible set of fingerprints, as determined by the
  458  Department of Law Enforcement or the Federal Bureau of
  459  Investigation, cannot be obtained after two attempts, the
  460  Department of Agriculture and Consumer Services may determine
  461  the applicant’s eligibility based upon a criminal history record
  462  check under the applicant’s name conducted by the Department of
  463  Law Enforcement if the and the Federal Bureau of Investigation.
  464  A set of fingerprints are taken by a law enforcement agency or
  465  the department and the applicant submits a written statement
  466  signed by the fingerprint technician or a licensed physician
  467  stating that there is a physical condition that precludes
  468  obtaining a legible set of fingerprints or that the fingerprints
  469  taken are the best that can be obtained is sufficient to meet
  470  this requirement.
  471         (b) An inquiry to determine if the applicant has been
  472  adjudicated incompetent under chapter 744 or has been committed
  473  to a mental institution under chapter 394.
  474         (c) Such other investigation of the individual as the
  475  department may deem necessary.
  476         (3) The department must shall also investigate the mental
  477  history and current mental and emotional fitness of any Class
  478  “G” or Class “K” applicant, and may deny a Class “G” or Class
  479  “K” license to anyone who has a history of mental illness or
  480  drug or alcohol abuse.
  481         Section 10. Subsections (2) and (4) of section 493.6111,
  482  Florida Statutes, are amended to read:
  483         493.6111 License; contents; identification card.—
  484         (2) Licenses shall be valid for a period of 2 years, except
  485  for Class “K” firearms instructor licenses and Class “A,” Class
  486  “B,” Class “AB,” Class “R,” and branch agency licenses, which
  487  shall be valid for a period of 3 years.
  488         (4) Notwithstanding the existence of a valid Florida
  489  corporate registration, an no agency or school licensee may not
  490  conduct activities regulated under this chapter under any
  491  fictitious name without prior written authorization from the
  492  department to use that name in the conduct of activities
  493  regulated under this chapter. The department may not authorize
  494  the use of a name that which is so similar to that of a public
  495  officer or agency, or of that used by another licensee, that the
  496  public may be confused or misled thereby. The authorization for
  497  the use of a fictitious name must shall require, as a condition
  498  precedent to the use of such name, the filing of a certificate
  499  of engaging in business under a fictitious name under s. 865.09.
  500  A No licensee may not shall be permitted to conduct business
  501  under more than one name except as separately licensed nor shall
  502  the license be valid to protect any licensee who is engaged in
  503  the business under any name other than that specified in the
  504  license. An agency desiring to change its licensed name must
  505  shall notify the department and, except upon renewal, pay a fee
  506  not to exceed $30 for each license requiring revision including
  507  those of all licensed employees except Class “D” or Class “G”
  508  licensees. Upon the return of such licenses to the department,
  509  revised licenses shall be provided.
  510         Section 11. Subsections (2) and (3) of section 493.6113,
  511  Florida Statutes, are amended to read:
  512         493.6113 Renewal application for licensure.—
  513         (2) At least No less than 90 days before prior to the
  514  expiration date of the license, the department shall mail a
  515  written notice to the last known mailing residence address of
  516  the licensee for individual licensees and to the last known
  517  agency address for agencies.
  518         (3) Each licensee is shall be responsible for renewing his
  519  or her license on or before its expiration by filing with the
  520  department an application for renewal accompanied by payment of
  521  the prescribed license fee.
  522         (a) Each Class “B” Class “A,” Class “B,” or Class “R”
  523  licensee shall additionally submit on a form prescribed by the
  524  department a certification of insurance that which evidences
  525  that the licensee maintains coverage as required under s.
  526  493.6110.
  527         (b) Each Class “G” licensee shall additionally submit proof
  528  that he or she has received during each year of the license
  529  period a minimum of 4 hours of firearms recertification training
  530  taught by a Class “K” licensee and has complied with such other
  531  health and training requirements which the department may adopt
  532  by rule. If proof of a minimum of 4 hours of annual firearms
  533  recertification training cannot be provided, the renewal
  534  applicant shall complete the minimum number of hours of range
  535  and classroom training required at the time of initial
  536  licensure.
  537         (c) Each Class “DS” or Class “RS” licensee shall
  538  additionally submit the current curriculum, examination, and
  539  list of instructors.
  540         (d) Each Class “K” firearms instructor licensee shall
  541  additionally submit one of the certificates specified under s.
  542  493.6105(6) as proof that he or she remains certified to provide
  543  firearms instruction.
  544         Section 12. Subsection (8), paragraph (d) of subsection
  545  (12), and subsection (16) of section 493.6115, Florida Statutes,
  546  are amended to read:
  547         493.6115 Weapons and firearms.—
  548         (8) A Class “G” applicant must satisfy the minimum training
  549  criteria as set forth in s. 493.6105(5) 493.6105(6) and as
  550  established by rule of the department.
  551         (12) The department may issue a temporary Class “G”
  552  license, on a case-by-case basis, if:
  553         (d) The applicant has received approval from the department
  554  subsequent to its conduct of a criminal history record check as
  555  authorized in s. 493.6108(1) 493.6121(6).
  556         (16) If the criminal history record check program
  557  referenced in s. 493.6108(1) 493.6121(6) is inoperable, the
  558  department may issue a temporary “G” license on a case-by-case
  559  basis, provided that the applicant has met all statutory
  560  requirements for the issuance of a temporary “G” license as
  561  specified in subsection (12), excepting the criminal history
  562  record check stipulated there; provided, that the department
  563  requires that the licensed employer of the applicant conduct a
  564  criminal history record check of the applicant pursuant to
  565  standards set forth in rule by the department, and provide to
  566  the department an affidavit containing such information and
  567  statements as required by the department, including a statement
  568  that the criminal history record check did not indicate the
  569  existence of any criminal history that would prohibit licensure.
  570  Failure to properly conduct such a check, or knowingly providing
  571  incorrect or misleading information or statements in the
  572  affidavit constitutes shall constitute grounds for disciplinary
  573  action against the licensed agency, including revocation of
  574  license.
  575         Section 13. Present paragraph (u) of subsection (1) of
  576  section 493.6118, Florida Statutes, is redesignated as paragraph
  577  (v), and a new paragraph (u) is added to that subsection to
  578  read:
  579         493.6118 Grounds for disciplinary action.—
  580         (1) The following constitute grounds for which disciplinary
  581  action specified in subsection (2) may be taken by the
  582  department against any licensee, agency, or applicant regulated
  583  by this chapter, or any unlicensed person engaged in activities
  584  regulated under this chapter.
  585         (u) For a Class “G” or a Class “K” applicant or licensee,
  586  being prohibited from purchasing or possessing a firearm by
  587  state or federal law.
  588         Section 14. Present subsections (7) and (8) of section
  589  493.6121, Florida Statutes, are renumbered as subsections (6)
  590  and (7), respectively, and subsection (6) of that section is
  591  amended, to read:
  592         493.6121 Enforcement; investigation.—
  593         (6) The department shall be provided access to the program
  594  that is operated by the Department of Law Enforcement, pursuant
  595  to s. 790.065, for providing criminal history record information
  596  to licensed gun dealers, manufacturers, and exporters. The
  597  department may make inquiries, and shall receive responses in
  598  the same fashion as provided under s. 790.065. The department
  599  shall be responsible for payment to the Department of Law
  600  Enforcement of the same fees as charged to others afforded
  601  access to the program.
  602         Section 15. Subsection (3) of section 493.6202, Florida
  603  Statutes, is amended to read:
  604         493.6202 Fees.—
  605         (3) The fees set forth in this section must be paid by
  606  certified check or money order or, at the discretion of the
  607  department, by electronic funds transfer agency check at the
  608  time the application is approved, except that the applicant for
  609  a Class “G,” Class “C,” Class “CC,” Class “M,” or Class “MA”
  610  license must pay the license fee at the time the application is
  611  made. If a license is revoked or denied or if the application is
  612  withdrawn, the license fee is nonrefundable shall not be
  613  refunded.
  614         Section 16. Subsections (2), (4), and (6) of section
  615  493.6203, Florida Statutes, are amended to read:
  616         493.6203 License requirements.—In addition to the license
  617  requirements set forth elsewhere in this chapter, each
  618  individual or agency shall comply with the following additional
  619  requirements:
  620         (2) An applicant for a Class “MA” license must shall have 2
  621  years of lawfully gained, verifiable, full-time experience, or
  622  training in:
  623         (a) Private investigative work or related fields of work
  624  that provided equivalent experience or training;
  625         (b) Work as a Class “CC” licensed intern;
  626         (c) Any combination of paragraphs (a) and (b);
  627         (d) Experience described in paragraph (a) for 1 year and
  628  experience described in paragraph (e) for 1 year;
  629         (e) No more than 1 year using:
  630         1. College coursework related to criminal justice,
  631  criminology, or law enforcement administration; or
  632         2. Successfully completed law enforcement-related training
  633  received from any federal, state, county, or municipal agency;
  634  or
  635         (f) Experience described in paragraph (a) for 1 year and
  636  work in a managerial or supervisory capacity for 1 year.
  637  
  638  However, experience in performing bodyguard services is not
  639  creditable toward the requirements of this subsection.
  640         (4) An applicant for a Class “C” license shall have 2 years
  641  of lawfully gained, verifiable, full-time experience, or
  642  training in one, or a combination of more than one, of the
  643  following:
  644         (a) Private investigative work or related fields of work
  645  that provided equivalent experience or training.
  646         (b) College coursework related to criminal justice,
  647  criminology, or law enforcement administration, or successful
  648  completion of any law enforcement-related training received from
  649  any federal, state, county, or municipal agency, except that no
  650  more than 1 year may be used from this category.
  651         (c) Work as a Class “CC” licensed intern.
  652  
  653  However, experience in performing bodyguard services is not
  654  creditable toward the requirements of this subsection.
  655         (6)(a) A Class “CC” licensee must shall serve an internship
  656  under the direction and control of a designated sponsor, who is
  657  a Class “C,” Class “MA,” or Class “M” licensee.
  658         (b) Effective January 1, 2012 September 1, 2008, before
  659  submission of an application to the department, the an applicant
  660  for a Class “CC” license must have completed a minimum of 40 at
  661  least 24 hours of professional training a 40-hour course
  662  pertaining to general investigative techniques and this chapter,
  663  which course is offered by a state university or by a school,
  664  community college, college, or university under the purview of
  665  the Department of Education, and the applicant must pass an
  666  examination. The training must be provided in two parts, one 24
  667  hour course and one 16-hour course. The certificate evidencing
  668  satisfactory completion of the 40 at least 24 hours of
  669  professional training a 40-hour course must be submitted with
  670  the application for a Class “CC” license. The remaining 16 hours
  671  must be completed and an examination passed within 180 days. If
  672  documentation of completion of the required training is not
  673  submitted within the specified timeframe, the individual’s
  674  license is automatically suspended or his or her authority to
  675  work as a Class “CC” pursuant to s. 493.6105(9) is rescinded
  676  until such time as proof of certificate of completion is
  677  provided to the department. The training course specified in
  678  this paragraph may be provided by face-to-face presentation,
  679  online technology, or a home study course in accordance with
  680  rules and procedures of the Department of Education. The
  681  administrator of the examination must verify the identity of
  682  each applicant taking the examination.
  683         1. Upon an applicant’s successful completion of each part
  684  of the approved training course and passage of any required
  685  examination, the school, community college, college, or
  686  university shall issue a certificate of completion to the
  687  applicant. The certificates must be on a form established by
  688  rule of the department.
  689         2. The department shall establish by rule the general
  690  content of the professional training course and the examination
  691  criteria.
  692         3. If the license of an applicant for relicensure is has
  693  been invalid for more than 1 year, the applicant must complete
  694  the required training and pass any required examination.
  695         (c) An individual who submits an application for a Class
  696  “CC” license on or after September 1, 2008, through December 31,
  697  2011, who has not completed the 16-hour course must submit proof
  698  of successful completion of the course within 180 days after the
  699  date the application is submitted. If documentation of
  700  completion of the required training is not submitted by that
  701  date, the individual’s license shall be automatically suspended
  702  until proof of the required training is submitted to the
  703  department. An individual licensed on or before August 31, 2008,
  704  is not required to complete additional training hours in order
  705  to renew an active license beyond the total required hours, and
  706  the timeframe for completion in effect at the time he or she was
  707  licensed applies.
  708         Section 17. Subsection (3) of section 493.6302, Florida
  709  Statutes, is amended to read:
  710         493.6302 Fees.—
  711         (3) The fees set forth in this section must be paid by
  712  certified check or money order or, at the discretion of the
  713  department, by electronic funds transfer agency check at the
  714  time the application is approved, except that the applicant for
  715  a Class “D,” Class “G,” Class “M,” or Class “MB” license must
  716  pay the license fee at the time the application is made. If a
  717  license is revoked or denied or if the application is withdrawn,
  718  the license fee is nonrefundable shall not be refunded.
  719         Section 18. Subsection (4) of section 493.6303, Florida
  720  Statutes, is amended to read:
  721         493.6303 License requirements.—In addition to the license
  722  requirements set forth elsewhere in this chapter, each
  723  individual or agency must shall comply with the following
  724  additional requirements:
  725         (4)(a) Effective January 1, 2012, an applicant for a Class
  726  “D” license must submit proof of successful completion of
  727  complete a minimum of 40 hours of professional training at a
  728  school or training facility licensed by the department. The
  729  training must be provided in two parts, one 24-hour course and
  730  one 16-hour course. The department shall by rule establish the
  731  general content and number of hours of each subject area to be
  732  taught.
  733         (b) An individual who submits an application for a Class
  734  “D” license on or after January 1, 2007, through December 31,
  735  2011, who has not completed the 16-hour course must submit proof
  736  of successful completion of the course within 180 days after the
  737  date the application is submitted. If documentation of
  738  completion of the required training is not submitted by that
  739  date, the individual’s license shall be automatically suspended
  740  until proof of the required training is submitted to the
  741  department. A person licensed before January 1, 2007, is not
  742  required to complete additional training hours in order to renew
  743  an active license beyond the total required hours, and the
  744  timeframe for completion in effect at the time he or she was
  745  licensed applies. An applicant may fulfill the training
  746  requirement prescribed in paragraph (a) by submitting proof of:
  747         1. Successful completion of the total number of required
  748  hours of training before initial application for a Class “D”
  749  license; or
  750         2. Successful completion of 24 hours of training before
  751  initial application for a Class “D” license and successful
  752  completion of the remaining 16 hours of training within 180 days
  753  after the date that the application is submitted. If
  754  documentation of completion of the required training is not
  755  submitted within the specified timeframe, the individual’s
  756  license is automatically suspended until such time as proof of
  757  the required training is provided to the department.
  758         (c) An individual However, any person whose license is
  759  suspended or has been revoked, suspended pursuant to paragraph
  760  (b) subparagraph 2., or is expired for at least 1 year, or
  761  longer is considered, upon reapplication for a license, an
  762  initial applicant and must submit proof of successful completion
  763  of 40 hours of professional training at a school or training
  764  facility licensed by the department as provided prescribed in
  765  paragraph (a) before a license is will be issued. Any person
  766  whose license was issued before January 1, 2007, and whose
  767  license has been expired for less than 1 year must, upon
  768  reapplication for a license, submit documentation of completion
  769  of the total number of hours of training prescribed by law at
  770  the time her or his initial license was issued before another
  771  license will be issued. This subsection does not require an
  772  individual licensed before January 1, 2007, to complete
  773  additional training hours in order to renew an active license,
  774  beyond the required total amount of training within the
  775  timeframe prescribed by law at the time she or he was licensed.
  776         Section 19. Subsection (2) of section 493.6304, Florida
  777  Statutes, is amended to read:
  778         493.6304 Security officer school or training facility.—
  779         (2) The application shall be signed and verified by the
  780  applicant under oath as provided in s. 92.525 notarized and must
  781  shall contain, at a minimum, the following information:
  782         (a) The name and address of the school or training facility
  783  and, if the applicant is an individual, her or his name,
  784  address, and social security or alien registration number.
  785         (b) The street address of the place at which the training
  786  is to be conducted.
  787         (c) A copy of the training curriculum and final examination
  788  to be administered.
  789         Section 20. Subsections (7) and (8) of section 493.6401,
  790  Florida Statutes, are amended to read:
  791         493.6401 Classes of licenses.—
  792         (7) Any person who operates a recovery agent repossessor
  793  school or training facility or who conducts an Internet-based
  794  training course or a correspondence training course must have a
  795  Class “RS” license.
  796         (8) Any individual who teaches or instructs at a Class “RS”
  797  recovery agent repossessor school or training facility shall
  798  have a Class “RI” license.
  799         Section 21. Subsections (1) and (3) of section 493.6402,
  800  Florida Statutes, are amended to read:
  801         493.6402 Fees.—
  802         (1) The department shall establish by rule biennial license
  803  fees that which shall not exceed the following:
  804         (a) Class “R” license—recovery agency: $450.
  805         (b) Class “RR” license—branch office: $125.
  806         (c) Class “MR” license—recovery agency manager: $75.
  807         (d) Class “E” license—recovery agent: $75.
  808         (e) Class “EE” license—recovery agent intern: $60.
  809         (f) Class “RS” license-recovery agent license—repossessor
  810  school or training facility: $60.
  811         (g) Class “RI” license-recovery agent license—repossessor
  812  school or training facility instructor: $60.
  813         (3) The fees set forth in this section must be paid by
  814  certified check or money order, or, at the discretion of the
  815  department, by or electronic funds transfer agency check at the
  816  time the application is approved, except that the applicant for
  817  a Class “E,” Class “EE,” or Class “MR” license must pay the
  818  license fee at the time the application is made. If a license is
  819  revoked or denied, or if an application is withdrawn, the
  820  license fee is nonrefundable shall not be refunded.
  821         Section 22. Section 493.6406, Florida Statutes, is amended
  822  to read:
  823         493.6406 Recovery agent Repossession services school or
  824  training facility.—
  825         (1) Any school, training facility, or instructor who offers
  826  the training outlined in s. 493.6403(2) for Class “E” or Class
  827  “EE” applicants shall, before licensure of such school, training
  828  facility, or instructor, file with the department an application
  829  accompanied by an application fee in an amount to be determined
  830  by rule, not to exceed $60. The fee shall not be refundable.
  831  This training may be offered as face-to-face training, Internet
  832  based training, or correspondence training.
  833         (2) The application must shall be signed and verified by
  834  the applicant under oath as provided in s. 92.525 notarized and
  835  shall contain, at a minimum, the following information:
  836         (a) The name and address of the school or training facility
  837  and, if the applicant is an individual, his or her name,
  838  address, and social security or alien registration number.
  839         (b) The street address of the place at which the training
  840  is to be conducted or the street address of the Class “RS”
  841  school offering Internet-based or correspondence training.
  842         (c) A copy of the training curriculum and final examination
  843  to be administered.
  844         (3) The department shall adopt rules establishing the
  845  criteria for approval of schools, training facilities, and
  846  instructors.
  847         Section 23. Subsection (7) of section 496.404, Florida
  848  Statutes, is amended to read:
  849         496.404 Definitions.—As used in ss. 496.401-496.424:
  850         (7) “Division” means the Division of Consumer Protection
  851  services of the Department of Agriculture and Consumer Services.
  852         Section 24. Subsection (3) of section 496.411, Florida
  853  Statutes, is amended to read:
  854         496.411 Disclosure requirements and duties of charitable
  855  organizations and sponsors.—
  856         (3) Every charitable organization or sponsor that which is
  857  required to register under s. 496.405 must conspicuously display
  858  in capital letters the following statement on every printed
  859  solicitation, written confirmation, receipt, or reminder of a
  860  contribution:
  861  
  862         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
  863         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
  864         CONSUMER PROTECTION SERVICES BY CALLING TOLL-FREE
  865         WITHIN THE STATE. REGISTRATION DOES NOT IMPLY
  866         ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE
  867         STATE.”
  868  
  869  The statement must include a toll-free number for the division
  870  which that can be used to obtain the registration information.
  871  When the solicitation consists of more than one piece, the
  872  statement must be displayed prominently in the solicitation
  873  materials.
  874         Section 25. Paragraph (c) of subsection (1) of section
  875  496.412, Florida Statutes, is amended to read:
  876         496.412 Disclosure requirements and duties of professional
  877  solicitors.—
  878         (1) A professional solicitor must comply with and be
  879  responsible for complying or causing compliance with the
  880  following disclosures:
  881         (c) In addition to the information required by paragraph
  882  (a), any written confirmation, receipt, or reminder of
  883  contribution made pursuant to an oral solicitation and any
  884  written solicitation shall conspicuously state in capital
  885  letters:
  886  
  887         “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
  888         INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
  889         CONSUMER PROTECTION SERVICES BY CALLING TOLL-FREE
  890         WITHIN THE STATE. REGISTRATION DOES NOT IMPLY
  891         ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE
  892         STATE.”
  893  
  894  The statement must include a toll-free number for the division
  895  which that can be used to obtain the registration information.
  896  When the solicitation consists of more than one piece, the
  897  statement must be displayed prominently in the solicitation
  898  materials.
  899         Section 26. Subsection (5) of section 496.419, Florida
  900  Statutes, is amended to read:
  901         496.419 Powers of the department.—
  902         (5) Upon a finding as set forth in subsection (4), the
  903  department may enter an order doing one or more of the
  904  following:
  905         (a) Issue Issuing a notice of noncompliance pursuant to s.
  906  120.695;
  907         (b) Issue Issuing a cease and desist order that directs
  908  that the person cease and desist specified fundraising
  909  activities;
  910         (c) Refuse Refusing to register or revoke canceling or
  911  suspend suspending a registration;
  912         (d) Place Placing the registrant on probation for a period
  913  of time, subject to such conditions as the department may
  914  specify;
  915         (e) Revoke Canceling an exemption granted under s. 496.406;
  916  or and
  917         (f) Impose Imposing an administrative fine not to exceed
  918  $1,000 for each act or omission that which constitutes a
  919  violation of ss. 496.401-496.424 or s. 496.426 or a rule or
  920  order.
  921  
  922  With respect to a s. 501(c)(3) organization, the penalty imposed
  923  pursuant to this subsection may shall not exceed $500 per
  924  violation. The penalty shall be the entire amount per violation
  925  and is not to be interpreted as a daily penalty.
  926         Section 27. Subsection (7) of section 501.015, Florida
  927  Statutes, is amended to read:
  928         501.015 Health studios; registration requirements and
  929  fees.—Each health studio shall:
  930         (7) Any person applying for or renewing a local
  931  occupational license to engage in business as a health studio
  932  must Exhibit an active registration certificate from the
  933  Department of Agriculture and Consumer Services before the local
  934  business tax receipt occupational license may be issued or
  935  reissued.
  936         Section 28. Subsection (1) of section 501.017, Florida
  937  Statutes, is amended to read:
  938         501.017 Health studios; contracts.—
  939         (1) Every contract for the sale of future health studio
  940  services which is paid for in advance or which the buyer agrees
  941  to pay for in future installment payments must shall be in
  942  writing and must shall contain, contractual provisions to the
  943  contrary notwithstanding, in immediate proximity to the space
  944  reserved in the contract for the signature of the buyer, and in
  945  at least 10-point boldfaced type, language substantially
  946  equivalent to the following:
  947         (a) A provision for the penalty-free cancellation of the
  948  contract within 3 days, exclusive of holidays and weekends, of
  949  its making, upon the mailing or delivery of written notice to
  950  the health studio, and refund upon such notice of all moneys
  951  paid under the contract, except that the health studio may
  952  retain an amount computed by dividing the number of complete
  953  days in the contract term or, if appropriate, the number of
  954  occasions health studio services are to be rendered into the
  955  total contract price and multiplying the result by the number of
  956  complete days that have passed since the making of the contract
  957  or, if appropriate, by the number of occasions that health
  958  studio services have been rendered. A refund shall be issued
  959  within 30 days after receipt of the notice of cancellation made
  960  within the 3-day provision.
  961         (b)1. A provision for the cancellation and refund of the
  962  contract if the contracting business location of the health
  963  studio goes out of business, or moves its facilities more than 5
  964  driving miles from the business location designated in such
  965  contract and fails to provide, within 30 days, a facility of
  966  equal quality located within 5 driving miles of the business
  967  location designated in such contract at no additional cost to
  968  the buyer.
  969         2. A provision that notice of intent to cancel by the buyer
  970  shall be given in writing to the health studio. Such a notice of
  971  cancellation from the consumer shall also terminate
  972  automatically the consumer’s obligation to any entity to whom
  973  the health studio has subrogated or assigned the consumer’s
  974  contract. If the health studio wishes to enforce such contract
  975  after receipt of such showing, it may request the department to
  976  determine the sufficiency of the showing.
  977         3. A provision that if the department determines that a
  978  refund is due the buyer, the refund shall be an amount computed
  979  by dividing the contract price by the number of weeks in the
  980  contract term and multiplying the result by the number of weeks
  981  remaining in the contract term. The business location of a
  982  health studio is shall not be deemed out of business when
  983  temporarily closed for repair and renovation of the premises:
  984         a. Upon sale, for not more than 14 consecutive days; or
  985         b. During ownership, for not more than 7 consecutive days
  986  and not more than two periods of 7 consecutive days in any
  987  calendar year.
  988  
  989  A refund shall be issued within 30 days after receipt of the
  990  notice of cancellation made pursuant to this paragraph.
  991         (c) A provision in the disclosure statement advising the
  992  buyer to contact the department for information within 60 days
  993  should the health studio go out of business.
  994         (d) A provision for the cancellation of the contract if the
  995  buyer dies or becomes physically unable to avail himself or
  996  herself of a substantial portion of those services which he or
  997  she used from the commencement of the contract until the time of
  998  disability, with refund of funds paid or accepted in payment of
  999  the contract in an amount computed by dividing the contract
 1000  price by the number of weeks in the contract term and
 1001  multiplying the result by the number of weeks remaining in the
 1002  contract term. The contract may require a buyer or the buyer’s
 1003  estate seeking relief under this paragraph to provide proof of
 1004  disability or death. A physical disability sufficient to warrant
 1005  cancellation of the contract by the buyer shall be established
 1006  if the buyer furnishes to the health studio a certification of
 1007  such disability by a physician licensed under chapter 458,
 1008  chapter 459, chapter 460, or chapter 461 to the extent the
 1009  diagnosis or treatment of the disability is within the
 1010  physician’s scope of practice. A refund shall be issued within
 1011  30 days after receipt of the notice of cancellation made
 1012  pursuant to this paragraph.
 1013         (e) A provision that the initial contract will not be for a
 1014  period in excess of 36 months, and thereafter shall only be
 1015  renewable annually. Such renewal contracts may not be executed
 1016  and the fee therefor paid until 60 days or less before the
 1017  preceding contract expires.
 1018         (f) A provision that if the health studio requires a buyer
 1019  to furnish identification upon entry to the facility and as a
 1020  condition of using the services of the health studio, the health
 1021  studio must shall provide the buyer with the means of such
 1022  identification.
 1023         Section 29. Subsection (2) of section 501.145, Florida
 1024  Statutes, is amended to read:
 1025         501.145 Bedding Label Act.—
 1026         (2) DEFINITIONS.—For the purpose of this section, the term:
 1027         (a) “Bedding” means any mattress, box spring, pillow, or
 1028  cushion made of leather or any other material which is or can be
 1029  stuffed or filled in whole or in part with any substance or
 1030  material, which can be used by any human being for sleeping or
 1031  reclining purposes.
 1032         (b) “Department” means the Department of Agriculture and
 1033  Consumer Services.
 1034         (b)(c) “Enforcing authority” means the Department of
 1035  Agriculture and Consumer Services or the Department of Legal
 1036  Affairs.
 1037         Section 30. Subsection (8) of section 501.160, Florida
 1038  Statutes, is amended to read:
 1039         501.160 Rental or sale of essential commodities during a
 1040  declared state of emergency; prohibition against unconscionable
 1041  prices.—
 1042         (8) Any violation of this section may be enforced by the
 1043  Department of Agriculture and Consumer Services, the office of
 1044  the state attorney, or the Department of Legal Affairs.
 1045         Section 31. Paragraph (a) of subsection (2) of section
 1046  501.605, Florida Statutes, is amended to read:
 1047         501.605 Licensure of commercial telephone sellers.—
 1048         (2) An applicant for a license as a commercial telephone
 1049  seller must submit to the department, in such form as it
 1050  prescribes, a written application for the license. The
 1051  application must set forth the following information:
 1052         (a) The true name, date of birth, driver’s license number,
 1053  social security number, and home address of the applicant,
 1054  including each name under which he or she intends to do
 1055  business.
 1056  
 1057  The application shall be accompanied by a copy of any: Script,
 1058  outline, or presentation the applicant will require or suggest a
 1059  salesperson to use when soliciting, or, if no such document is
 1060  used, a statement to that effect; sales information or
 1061  literature to be provided by the applicant to a salesperson; and
 1062  sales information or literature to be provided by the applicant
 1063  to a purchaser in connection with any solicitation.
 1064         Section 32. Paragraph (a) of subsection (1) of section
 1065  501.607, Florida Statutes, is amended to read:
 1066         501.607 Licensure of salespersons.—
 1067         (1) An applicant for a license as a salesperson must submit
 1068  to the department, in such form as it prescribes, a written
 1069  application for a license. The application must set forth the
 1070  following information:
 1071         (a) The true name, date of birth, driver’s license number
 1072  or other valid form of identification, social security number,
 1073  and home address of the applicant.
 1074         Section 33. Paragraph (f) of subsection (3) of section
 1075  539.001, Florida Statutes, is amended to read:
 1076         539.001 The Florida Pawnbroking Act.—
 1077         (3) LICENSE REQUIRED.—
 1078         (f) Any person applying for or renewing a local business
 1079  tax receipt occupational license to engage in business as a
 1080  pawnbroker must exhibit a current license from the agency before
 1081  the local business tax receipt occupational license may be
 1082  issued or reissued.
 1083         Section 34. Subsection (1) of section 559.805, Florida
 1084  Statutes, is amended to read:
 1085         559.805 Filings with the department; disclosure of
 1086  advertisement identification number.—
 1087         (1) Every seller of a business opportunity shall annually
 1088  file with the department a copy of the disclosure statement
 1089  required by s. 559.803 before prior to placing an advertisement
 1090  or making any other representation designed to offer to, sell
 1091  to, or solicit an offer to buy a business opportunity from a
 1092  prospective purchaser in this state and must shall update this
 1093  filing by reporting any material change in the required
 1094  information within 30 days after the material change occurs. An
 1095  advertisement is not considered to be placed in the state merely
 1096  because the advertisement is published in a publisher
 1097  circulates, or there is circulated on his or her behalf in the
 1098  state, any bona fide newspaper or other publication having a of
 1099  general, regular, and paid circulation in this state which has
 1100  had more than two-thirds of its circulation during the past 12
 1101  months outside the state or because the advertisement is
 1102  received in this state from a radio or television program
 1103  originating outside the state is received in the state. If the
 1104  seller is required by s. 559.807 to provide a bond or establish
 1105  a trust account or guaranteed letter of credit, the seller he or
 1106  she shall contemporaneously file with the department a copy of
 1107  the bond, a copy of the formal notification by the depository
 1108  that the trust account is established, or a copy of the
 1109  guaranteed letter of credit. Every seller of a business
 1110  opportunity must shall file with the department a list of
 1111  independent agents who will engage in the offer or sale of
 1112  business opportunities on behalf of the seller in this state.
 1113  This list must be kept current and must shall include the
 1114  following information: name, home and business address,
 1115  telephone number, present employer, social security number, and
 1116  birth date. A No person may not shall be allowed to offer or
 1117  sell business opportunities unless the required information has
 1118  been provided to the department.
 1119         Section 35. Subsection (7) of section 559.904, Florida
 1120  Statutes, is amended to read:
 1121         559.904 Motor vehicle repair shop registration;
 1122  application; exemption.—
 1123         (7) Any person applying for or renewing a local business
 1124  tax receipt occupational license on or after October 1, 1993, to
 1125  engage in business as a motor vehicle repair shop must exhibit
 1126  an active registration certificate from the department before
 1127  the local business tax receipt occupational license may be
 1128  issued or renewed.
 1129         Section 36. Section 570.544, Florida Statutes, is amended
 1130  to read:
 1131         570.544 Division of Consumer Protection Services; director;
 1132  powers; processing of complaints; records.—
 1133         (1) The director of the Division of Consumer Protection
 1134  Services shall be appointed by and serve at the pleasure of the
 1135  commissioner.
 1136         (2) The Division of Consumer Protection Services may:
 1137         (a) Conduct studies and make analyses of matters affecting
 1138  the interests of consumers.
 1139         (b) Study the operation of laws for consumer protection.
 1140         (c) Advise and make recommendations to the various state
 1141  agencies concerned with matters affecting consumers.
 1142         (d) Assist, advise, and cooperate with local, state, or
 1143  federal agencies and officials in order to promote the interests
 1144  of consumers.
 1145         (e) Make use of the testing and laboratory facilities of
 1146  the department for the detection of consumer fraud.
 1147         (f) Report to the appropriate law enforcement officers any
 1148  information concerning violation of consumer protection laws.
 1149         (g) Assist, develop, and conduct programs of consumer
 1150  education and consumer information through publications and
 1151  other informational and educational material prepared for
 1152  dissemination to the public, in order to increase the competence
 1153  of consumers.
 1154         (h) Organize and hold conferences on problems affecting
 1155  consumers.
 1156         (i) Recommend programs to encourage business and industry
 1157  to maintain high standards of honesty, fair business practices,
 1158  and public responsibility in the production, promotion, and sale
 1159  of consumer goods and services.
 1160         (3) In addition to the powers, duties, and responsibilities
 1161  authorized by this or any other chapter, the Division of
 1162  Consumer Protection Services shall serve as a clearinghouse for
 1163  matters relating to consumer protection, consumer information,
 1164  and consumer services generally. It shall receive complaints and
 1165  grievances from consumers and promptly transmit them to that
 1166  agency most directly concerned in order that the complaint or
 1167  grievance may be expeditiously handled in the best interests of
 1168  the complaining consumer. If no agency exists, the Division of
 1169  Consumer Protection Services shall seek a settlement of the
 1170  complaint using formal or informal methods of mediation and
 1171  conciliation and may seek any other resolution of the matter in
 1172  accordance with its jurisdiction.
 1173         (4) If any complaint received by the Division of Consumer
 1174  Protection Services concerns matters that which involve
 1175  concurrent jurisdiction in more than one agency, duplicate
 1176  copies of the complaint shall be referred to those offices
 1177  deemed to have concurrent jurisdiction.
 1178         (5)(a) Any agency, office, bureau, division, or board of
 1179  state government receiving a complaint that which deals with
 1180  consumer fraud or consumer protection and which is not within
 1181  the jurisdiction of the receiving agency, office, bureau,
 1182  division, or board originally receiving it, shall immediately
 1183  refer the complaint to the Division of Consumer Protection
 1184  Services.
 1185         (b) Upon receipt of such a complaint, the Division of
 1186  Consumer Protection Services shall make a determination of the
 1187  proper jurisdiction to which the complaint relates and shall
 1188  immediately refer the complaint to the agency, office, bureau,
 1189  division, or board that has which does have the proper
 1190  regulatory or enforcement authority to deal with it.
 1191         (6) The office or agency to which a complaint has been
 1192  referred shall within 30 days acknowledge receipt of the
 1193  complaint. If an office or agency receiving a complaint
 1194  determines that the matter presents a prima facie case for
 1195  criminal prosecution or if the complaint cannot be settled at
 1196  the administrative level, the complaint together with all
 1197  supporting evidence shall be transmitted to the Department of
 1198  Legal Affairs or other appropriate enforcement agency with a
 1199  recommendation for civil or criminal action warranted by the
 1200  evidence.
 1201         (7) The records of the Division of Consumer Protection
 1202  Services are public records. However, customer lists, customer
 1203  names, and trade secrets are confidential and exempt from the
 1204  provisions of s. 119.07(1). Disclosure necessary to enforcement
 1205  procedures does shall not violate be construed as violative of
 1206  this prohibition on the disclosure of confidential information.
 1207         (8) It shall be the duty of The Division of Consumer
 1208  Protection shall Services to maintain records and compile
 1209  summaries and analyses of consumer complaints and their eventual
 1210  disposition, which data may serve as a basis for recommendations
 1211  to the Legislature and to state regulatory agencies.
 1212         Section 37. Subsection (7) of section 681.102, Florida
 1213  Statutes, is amended, and present subsections (8) through (23)
 1214  of that subsection are renumbered as subsections (7) through
 1215  (22), respectively, to read:
 1216         681.102 Definitions.—As used in this chapter, the term:
 1217         (7) “Division” means the Division of Consumer Services of
 1218  the Department of Agriculture and Consumer Services.
 1219         Section 38. Subsection (3) of section 681.103, Florida
 1220  Statutes, is amended to read:
 1221         681.103 Duty of manufacturer to conform a motor vehicle to
 1222  the warranty.—
 1223         (3) At the time of acquisition, the manufacturer shall
 1224  inform the consumer clearly and conspicuously in writing how and
 1225  where to file a claim with a certified procedure if such
 1226  procedure has been established by the manufacturer pursuant to
 1227  s. 681.108. The nameplate manufacturer of a recreational vehicle
 1228  shall, at the time of vehicle acquisition, inform the consumer
 1229  clearly and conspicuously in writing how and where to file a
 1230  claim with a program pursuant to s. 681.1096. The manufacturer
 1231  shall provide to the dealer and, at the time of acquisition, the
 1232  dealer shall provide to the consumer a written statement that
 1233  explains the consumer’s rights under this chapter. The written
 1234  statement shall be prepared by the Department of Legal Affairs
 1235  and shall contain a toll-free number for the department which
 1236  division that the consumer can contact to obtain information
 1237  regarding the consumer’s rights and obligations under this
 1238  chapter or to commence arbitration. If the manufacturer obtains
 1239  a signed receipt for timely delivery of sufficient quantities of
 1240  this written statement to meet the dealer’s vehicle sales
 1241  requirements, it shall constitute prima facie evidence of
 1242  compliance with this subsection by the manufacturer. The
 1243  consumer’s signed acknowledgment of receipt of materials
 1244  required under this subsection shall constitute prima facie
 1245  evidence of compliance by the manufacturer and dealer. The form
 1246  of the acknowledgments shall be approved by the Department of
 1247  Legal Affairs, and the dealer shall maintain the consumer’s
 1248  signed acknowledgment for 3 years.
 1249         Section 39. Section 681.108, Florida Statutes, is amended
 1250  to read:
 1251         681.108 Dispute-settlement procedures.—
 1252         (1) If a manufacturer has established a procedure that,
 1253  which the department division has certified as substantially
 1254  complying with the provisions of 16 C.F.R. part 703, in effect
 1255  October 1, 1983, and with the provisions of this chapter and the
 1256  rules adopted under this chapter, and has informed the consumer
 1257  how and where to file a claim with such procedure pursuant to s.
 1258  681.103(3), the provisions of s. 681.104(2) apply to the
 1259  consumer only if the consumer has first resorted to such
 1260  procedure. The decisionmakers for a certified procedure shall,
 1261  in rendering decisions, take into account all legal and
 1262  equitable factors germane to a fair and just decision,
 1263  including, but not limited to, the warranty; the rights and
 1264  remedies conferred under 16 C.F.R. part 703, in effect October
 1265  1, 1983; the provisions of this chapter; and any other equitable
 1266  considerations appropriate under the circumstances.
 1267  Decisionmakers and staff of a procedure shall be trained in the
 1268  provisions of this chapter and in 16 C.F.R. part 703, in effect
 1269  October 1, 1983. In an action brought by a consumer concerning
 1270  an alleged nonconformity, the decision that results from a
 1271  certified procedure is admissible in evidence.
 1272         (2) A manufacturer may apply to the department division for
 1273  certification of its procedure. After receipt and evaluation of
 1274  the application, the department division shall certify the
 1275  procedure or notify the manufacturer of any deficiencies in the
 1276  application or the procedure.
 1277         (3) A certified procedure or a procedure of an applicant
 1278  seeking certification shall submit to the department division a
 1279  copy of each settlement approved by the procedure or decision
 1280  made by a decisionmaker within 30 days after the settlement is
 1281  reached or the decision is rendered. The decision or settlement
 1282  must contain at a minimum the:
 1283         (a) Name and address of the consumer;
 1284         (b) Name of the manufacturer and address of the dealership
 1285  from which the motor vehicle was purchased;
 1286         (c) Date the claim was received and the location of the
 1287  procedure office that handled the claim;
 1288         (d) Relief requested by the consumer;
 1289         (e) Name of each decisionmaker rendering the decision or
 1290  person approving the settlement;
 1291         (f) Statement of the terms of the settlement or decision;
 1292         (g) Date of the settlement or decision; and
 1293         (h) Statement of whether the decision was accepted or
 1294  rejected by the consumer.
 1295         (4) Any manufacturer establishing or applying to establish
 1296  a certified procedure must file with the department division a
 1297  copy of the annual audit required under the provisions of 16
 1298  C.F.R. part 703, in effect October 1, 1983, together with any
 1299  additional information required for purposes of certification,
 1300  including the number of refunds and replacements made in this
 1301  state pursuant to the provisions of this chapter by the
 1302  manufacturer during the period audited.
 1303         (5) The department division shall review each certified
 1304  procedure at least annually, prepare an annual report evaluating
 1305  the operation of certified procedures established by motor
 1306  vehicle manufacturers and procedures of applicants seeking
 1307  certification, and, for a period not to exceed 1 year, shall
 1308  grant certification to, or renew certification for, those
 1309  manufacturers whose procedures substantially comply with the
 1310  provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
 1311  with the provisions of this chapter and rules adopted under this
 1312  chapter. If certification is revoked or denied, the department
 1313  division shall state the reasons for such action. The reports
 1314  and records of actions taken with respect to certification shall
 1315  be public records.
 1316         (6) A manufacturer whose certification is denied or revoked
 1317  is entitled to a hearing pursuant to chapter 120.
 1318         (7) If federal preemption of state authority to regulate
 1319  procedures occurs, the provisions of subsection (1) concerning
 1320  prior resort do not apply.
 1321         (8) The department may division shall adopt rules to
 1322  administer implement this section.
 1323         Section 40. Section 681.109, Florida Statutes, is amended
 1324  to read:
 1325         681.109 Florida New Motor Vehicle Arbitration Board;
 1326  dispute eligibility.—
 1327         (1) If a manufacturer has a certified procedure, a consumer
 1328  claim arising during the Lemon Law rights period must be filed
 1329  with the certified procedure no later than 60 days after the
 1330  expiration of the Lemon Law rights period. If a decision is not
 1331  rendered by the certified procedure within 40 days of filing,
 1332  the consumer may apply to the department division to have the
 1333  dispute removed to the board for arbitration.
 1334         (2) If a manufacturer has a certified procedure, a consumer
 1335  claim arising during the Lemon Law rights period must be filed
 1336  with the certified procedure within no later than 60 days after
 1337  the expiration of the Lemon Law rights period. If a consumer is
 1338  not satisfied with the decision or the manufacturer’s compliance
 1339  therewith, the consumer may apply to the department division to
 1340  have the dispute submitted to the board for arbitration. A
 1341  manufacturer may not seek review of a decision made under its
 1342  procedure.
 1343         (3) If a manufacturer does not have a has no certified
 1344  procedure or if the a certified procedure does not have
 1345  jurisdiction to resolve the dispute, a consumer may apply
 1346  directly to the department division to have the dispute
 1347  submitted to the board for arbitration.
 1348         (4) A consumer must request arbitration before the board
 1349  with respect to a claim arising during the Lemon Law rights
 1350  period no later than 60 days after the expiration of the Lemon
 1351  Law rights period, or within 30 days after the final action of a
 1352  certified procedure, whichever date occurs later.
 1353         (5) The department division shall screen all requests for
 1354  arbitration before the board to determine eligibility. The
 1355  consumer’s request for arbitration before the board shall be
 1356  made on a form prescribed by the department. The department
 1357  division shall forward to the board all disputes that the
 1358  department division determines are potentially entitled to
 1359  relief under this chapter.
 1360         (6) The department division may reject a dispute that it
 1361  determines to be fraudulent or outside the scope of the board’s
 1362  authority. Any dispute deemed by the department division to be
 1363  ineligible for arbitration by the board due to insufficient
 1364  evidence may be reconsidered upon the submission of new
 1365  information regarding the dispute. Following a second review,
 1366  the department division may reject a dispute if the evidence is
 1367  clearly insufficient to qualify for relief. If the department
 1368  rejects a dispute, it must provide notice of the rejection and a
 1369  brief explanation of the reason for rejection Any dispute
 1370  rejected by the division shall be forwarded to the department
 1371  and a copy shall be sent by registered mail to the consumer and
 1372  to the manufacturer, containing a brief explanation as to the
 1373  reason for rejection.
 1374         (7) If the department division rejects a dispute, the
 1375  consumer may file a lawsuit to enforce the remedies provided
 1376  under this chapter. In any civil action arising under this
 1377  chapter and relating to a matter considered by the department
 1378  division, any determination made to reject a dispute is
 1379  admissible in evidence.
 1380         (8) The department may shall have the authority to adopt
 1381  reasonable rules to administer carry out the provisions of this
 1382  section.
 1383         Section 41. Subsections (2), (3), (4), (5), (9), (11), and
 1384  (12) of section 681.1095, Florida Statutes, are amended, and
 1385  subsection (17) is added to that section, to read:
 1386         681.1095 Florida New Motor Vehicle Arbitration Board;
 1387  creation and function.—
 1388         (2) The board boards shall hear cases in various locations
 1389  throughout the state so that any consumer whose dispute is
 1390  approved for arbitration by the department division may attend
 1391  an arbitration hearing at a reasonably convenient location and
 1392  present a dispute orally. Hearings shall be conducted by panels
 1393  of three board members assigned by the department. A majority
 1394  vote of the three-member board panel shall be required to render
 1395  a decision. Arbitration proceedings under this section shall be
 1396  open to the public on reasonable and nondiscriminatory terms.
 1397         (3) Each region of the board shall consist of up to eight
 1398  members. The members of the board shall construe and apply the
 1399  provisions of this chapter, and rules adopted thereunder, in
 1400  making their decisions. An administrator and a secretary shall
 1401  be assigned to the each board by the Department of Legal
 1402  Affairs. At least one member of the each board in each region
 1403  must have be a person with expertise in motor vehicle mechanics.
 1404  A member may must not be employed by a manufacturer or a
 1405  franchised motor vehicle dealer or be a staff member, a
 1406  decisionmaker, or a consultant for a procedure. Board members
 1407  shall be trained in the application of this chapter and any
 1408  rules adopted under this chapter. Members of the board, shall be
 1409  reimbursed for travel expenses pursuant to s. 112.061, and shall
 1410  be compensated at a rate or wage prescribed by the Attorney
 1411  General and are entitled to reimbursement for per diem and
 1412  travel expenses pursuant to s. 112.061.
 1413         (4) Before filing a civil action on a matter subject to s.
 1414  681.104, the consumer must first submit the dispute to the
 1415  department division, and to the board if such dispute is deemed
 1416  eligible for arbitration.
 1417         (5) Manufacturers shall submit to arbitration conducted by
 1418  the board if such arbitration is requested by a consumer and the
 1419  dispute is deemed eligible for arbitration by the department
 1420  division pursuant to s. 681.109.
 1421         (9) The decision of the board shall be sent by any method
 1422  providing a delivery confirmation registered mail to the
 1423  consumer and the manufacturer, and shall contain written
 1424  findings of fact and rationale for the decision. If the decision
 1425  is in favor of the consumer, the manufacturer must, within 40
 1426  days after receipt of the decision, comply with the terms of the
 1427  decision. Compliance occurs on the date the consumer receives
 1428  delivery of an acceptable replacement motor vehicle or the
 1429  refund specified in the arbitration award. In any civil action
 1430  arising under this chapter and relating to a dispute arbitrated
 1431  before the board, any decision by the board is admissible in
 1432  evidence.
 1433         (11) All provisions in This section and s. 681.109
 1434  pertaining to compulsory arbitration before the board, the
 1435  dispute eligibility screening by the department division, the
 1436  proceedings and decisions of the board, and any appeals thereof,
 1437  are exempt from the provisions of chapter 120.
 1438         (12) An appeal of a decision by the board to the circuit
 1439  court by a consumer or a manufacturer shall be by trial de novo.
 1440  In a written petition to appeal a decision by the board, the
 1441  appealing party must state the action requested and the grounds
 1442  relied upon for appeal. Within 15 30 days after of final
 1443  disposition of the appeal, the appealing party shall furnish the
 1444  department with notice of such disposition and, upon request,
 1445  shall furnish the department with a copy of the settlement or
 1446  the order or judgment of the court.
 1447         (17) The department may adopt rules to administer this
 1448  section.
 1449         Section 42. Subsection (2) of section 681.1096, Florida
 1450  Statutes, is amended to read:
 1451         681.1096 RV Mediation and Arbitration Program; creation and
 1452  qualifications.—
 1453         (2) Each manufacturer of a recreational vehicle involved in
 1454  a dispute that is determined eligible under this chapter,
 1455  including chassis and component manufacturers that which
 1456  separately warrant the chassis and components and that which
 1457  otherwise meet the definition of manufacturer set forth in s.
 1458  681.102(13) 681.102(14), shall participate in a mediation and
 1459  arbitration program that is deemed qualified by the department.
 1460         Section 43. Subsection (2) of section 681.112, Florida
 1461  Statutes, is amended to read:
 1462         681.112 Consumer remedies.—
 1463         (2) An action brought under this chapter must be commenced
 1464  within 1 year after the expiration of the Lemon Law rights
 1465  period, or, if a consumer resorts to an informal dispute
 1466  settlement procedure or submits a dispute to the department
 1467  division or board, within 1 year after the final action of the
 1468  procedure, department division, or board.
 1469         Section 44. Subsection (1) of section 681.117, Florida
 1470  Statutes, is amended to read:
 1471         681.117 Fee.—
 1472         (1) A $2 fee shall be collected by a motor vehicle dealer,
 1473  or by a person engaged in the business of leasing motor
 1474  vehicles, from the consumer at the consummation of the sale of a
 1475  motor vehicle or at the time of entry into a lease agreement for
 1476  a motor vehicle. Such fees shall be remitted to the county tax
 1477  collector or private tag agency acting as agent for the
 1478  Department of Revenue. If the purchaser or lessee removes the
 1479  motor vehicle from the state for titling and registration
 1480  outside this state, the fee shall be remitted to the Department
 1481  of Revenue. All fees, less the cost of administration, shall be
 1482  transferred monthly to the Department of Legal Affairs for
 1483  deposit into the Motor Vehicle Warranty Trust Fund. The
 1484  Department of Legal Affairs shall distribute monthly an amount
 1485  not exceeding one-fourth of the fees received to the Division of
 1486  Consumer Protection Services of the Department of Agriculture
 1487  and Consumer Services to carry out the provisions of ss. 681.108
 1488  and 681.109. The Department of Legal Affairs shall contract with
 1489  the Division of Consumer Services for payment of services
 1490  performed by the division pursuant to ss. 681.108 and 681.109.
 1491         Section 45. Subsection (3) of section 849.0915, Florida
 1492  Statutes, is amended to read:
 1493         849.0915 Referral selling.—
 1494         (3) In addition to the penalty provided herein, the
 1495  Attorney General and her or his assistants, the state attorneys
 1496  and their assistants, and the Division of Consumer Protection
 1497  Services of the Department of Agriculture and Consumer Services
 1498  are authorized to apply to the circuit court within their
 1499  respective jurisdictions, and the such court has shall have
 1500  jurisdiction, upon hearing and for cause shown, to grant a
 1501  temporary or permanent injunction restraining any person from
 1502  violating the provisions of this section, whether or not there
 1503  exists an adequate remedy at law, and such injunction shall
 1504  issue without bond.
 1505         Section 46. This act shall take effect July 1, 2011.