HB 5007

1	A bill to be entitled
2	An act relating to reducing and streamlining regulations;
3	amending s. 320.90, F.S.; transferring the responsibility
4	for distribution of a motor vehicle consumer's rights
5	pamphlet to a motor vehicle owner from the Department of
6	Agriculture and Consumer Services to the Department of
7	Legal Affairs; amending s. 322.142, F.S.; providing for
8	the release of certain driver license information by the
9	Department of Highway Safety and Motor Vehicles to the
10	Department of Business and Professional Regulation under
11	certain circumstances; amending s. 469.006, F.S.;
12	authorizing an asbestos consultant or contractor doing
13	business as a sole proprietorship to be licensed under his
14	or her fictitious name; amending ss. 475.42, 475.626, and
15	477.0265, F.S.; deleting criminal penalties for persons
16	who violate orders or rules of the Florida Real Estate
17	Commission, persons who violate orders or rules of the
18	Florida Real Estate Appraisal Board or related grounds for
19	disciplinary action, and persons who commit certain
20	violations of the Florida Cosmetology Act or rules of the
21	Board of Cosmetology; amending ss. 455.271, 477.0212,
22	481.217, 489.116, and 489.519, F.S.; revising the
23	continuing education requirements for reactivating a
24	license, certificate, or registration to practice certain
25	regulated professions and occupations; amending s.
26	473.308, F.S.; revising licensure requirements for
27	certified public accountants and firms; deleting obsolete
28	provisions; revising licensure requirements for certain
29	persons licensed to practice public accounting in another
30	state or territory; amending s. 475.17, F.S.; revising the
31	education requirements for licensed real estate brokers
32	and sales associates; amending s. 481.219, F.S.; providing
33	that a certificate of authorization is not required for an
34	architect doing business as a sole proprietorship under
35	his or her fictitious name; amending ss. 493.6107 and
36	493.6202, F.S.; revising requirements for the method of
37	payment of certain fees; amending s. 493.6401, F.S.;
38	revising terminology for repossessor schools and training
39	facilities; amending s. 493.6402, F.S.; conforming
40	terminology; revising requirements for the method of
41	payment of certain fees; amending s. 493.6406, F.S.;
42	conforming terminology; amending s. 500.03, F.S.;
43	providing and revising definitions for purposes of the
44	Florida Food Safety Act; amending s. 500.121, F.S.;
45	providing penalties for food safety violations committed
46	by cottage food operations; creating s. 500.80, F.S.;
47	exempting cottage food operations from food permitting
48	requirements; limiting the annual gross sales of cottage
49	food operations and the methods by which cottage food
50	products may be sold or offered for sale; requiring
51	certain packaging and labeling of cottage food products;
52	limiting the sale of cottage food products to certain
53	locations; providing for application; authorizing the
54	Department of Agriculture and Consumer Services to
55	investigate complaints and enter into the premises of a
56	cottage food operation; amending s. 501.160, F.S.;
57	deleting authority for the department to enforce certain
58	prohibitions against unconscionable practices during a
59	declared state of emergency; amending s. 509.032, F.S.;
60	revising which matters relating to the regulation of
61	public lodging establishments and food service
62	establishments are preempted to the state; amending s.
63	509.261, F.S.; authorizing the Division of Hotels and
64	Restaurants of the Department of Business and Professional
65	Regulation to require certain public lodging
66	establishments and public food service establishments to
67	complete certain remedial educational programs; amending
68	s. 633.537, F.S.; revising the validity period for
69	inactive status certificates of fire protection system
70	contractors; amending ss. 681.102, 681.103, 681.108,
71	681.109, 681.1095, 681.1096, and 681.112, F.S.; deleting a
72	definition; transferring certain responsibilities of the
73	Division of Consumer Services for the Motor Vehicle
74	Warranty Enforcement Act to the Department of Legal
75	Affairs; conforming provisions; amending s. 681.117, F.S.;
76	deleting provisions providing for the transfer of certain
77	fees and interagency contracting between the Department of
78	Legal Affairs and the Division of Consumer Services, to
79	conform; amending s. 10, ch. 2010-84, Laws of Florida;
80	revising the effective date of provisions relating to the
81	regulation of real estate appraisers and appraisal
82	management companies; providing for retroactive operation
83	under certain circumstances; providing effective dates.
84
85	Be It Enacted by the Legislature of the State of Florida:
86
87	Section 1.  Section 320.90, Florida Statutes, is amended to
88	read:
89	320.90  Notification of consumer's rights.-The department
90	shall develop a motor vehicle consumer's rights pamphlet which
91	shall be distributed free of charge by the Department of Legal
92	Affairs Agriculture and Consumer Services to the motor vehicle
93	owner upon request. Such pamphlet must contain information
94	relating to odometer fraud and provide a summary of the rights
95	and remedies available to all purchasers of motor vehicles.
96	Section 2.  Subsection (4) of section 322.142, Florida
97	Statutes, is amended to read:
98	322.142  Color photographic or digital imaged licenses.-
99	(4)  The department may maintain a film negative or print
100	file. The department shall maintain a record of the digital
101	image and signature of the licensees, together with other data
102	required by the department for identification and retrieval.
103	Reproductions from the file or digital record are exempt from
104	the provisions of s. 119.07(1) and shall be made and issued only
105	for departmental administrative purposes; for the issuance of
106	duplicate licenses; in response to law enforcement agency
107	requests; to the Department of Business and Professional
108	Regulation pursuant to an interagency agreement for the purpose
109	of accessing digital images for reproduction of licenses issued
110	by the Department of Business and Professional Regulation and
111	for the purpose of identifying subjects under criminal
112	investigation for unlicensed activity pursuant to s. 455.228; to
113	the Department of State pursuant to an interagency agreement to
114	facilitate determinations of eligibility of voter registration
115	applicants and registered voters in accordance with ss. 98.045
116	and 98.075; to the Department of Revenue pursuant to an
117	interagency agreement for use in establishing paternity and
118	establishing, modifying, or enforcing support obligations in
119	Title IV-D cases; to the Department of Children and Family
120	Services pursuant to an interagency agreement to conduct
121	protective investigations under part III of chapter 39 and
122	chapter 415; to the Department of Children and Family Services
123	pursuant to an interagency agreement specifying the number of
124	employees in each of that department's regions to be granted
125	access to the records for use as verification of identity to
126	expedite the determination of eligibility for public assistance
127	and for use in public assistance fraud investigations; or to the
128	Department of Financial Services pursuant to an interagency
129	agreement to facilitate the location of owners of unclaimed
130	property, the validation of unclaimed property claims, and the
131	identification of fraudulent or false claims.
132	Section 3.  Subsection (1) and paragraph (a) of subsection
133	(2) of section 469.006, Florida Statutes, are amended to read:
134	469.006  Licensure of business organizations; qualifying
135	agents.-
136	(1)  If an individual proposes to engage in consulting or
137	contracting in that individual's own name, or a fictitious name
138	under which the individual is doing business as a sole
139	proprietorship, the license may be issued only to that
140	individual.
141	(2)(a)  If the applicant proposes to engage in consulting
142	or contracting as a partnership, corporation, business trust, or
143	other legal entity, or in any name, or a fictitious name under
144	which the individual is doing business as a sole proprietorship,
145	other than the applicant's legal name, the legal entity must
146	apply for licensure through a qualifying agent or the individual
147	applicant must apply for licensure under the fictitious name.
148	Section 4.  Paragraphs (f) through (o) of subsection (1) of
149	section 475.42, Florida Statutes, are redesignated as paragraphs
150	(e) through (n), respectively, and present paragraph (e) of that
151	subsection is amended to read:
152	475.42  Violations and penalties.-
153	(1)  VIOLATIONS.-
154	(e)  A person may not violate any lawful order or rule of
155	the commission which is binding upon her or him.
156	Section 5.  Paragraphs (d) through (g) of subsection (1) of
157	section 475.626, Florida Statutes, are redesignated as
158	paragraphs (b) through (e), respectively, and present paragraphs
159	(b) and (c) of that subsection are amended to read:
160	475.626  Violations and penalties.-
161	(1)  VIOLATIONS.-
162	(b)  No person shall violate any lawful order or rule of
163	the board which is binding upon her or him.
164	(c)  No person shall commit any conduct or practice set
165	forth in s. 475.624.
166	Section 6.  Effective July 1, 2014, paragraphs (d) through
167	(h) of subsection (1) of section 475.626, Florida Statutes, as
168	amended by chapter 2010-84, Laws of Florida, and this act, are
169	redesignated as paragraphs (b) through (f), respectively, and
170	paragraphs (b) and (c) of that subsection are amended to read:
171	475.626   Violations and penalties.-
172	(1)   A person may not:
173	(b)   Violate any lawful order or rule of the board which
174	is binding upon her or him.
175	(c)  If a registered trainee appraiser or a licensed or
176	certified appraiser, commit any conduct or practice set forth in
177	s. 475.624.
178	Section 7.  Paragraphs (d) through (h) of subsection (1) of
179	section 477.0265, Florida Statutes, are redesignated as
180	paragraphs (c) through (g), respectively, and present paragraph
181	(c) of that subsection is amended to read:
182	477.0265  Prohibited acts.-
183	(1)  It is unlawful for any person to:
184	(c)  Engage in willful or repeated violations of this
185	chapter or of any rule adopted by the board.
186	Section 8.  Subsection (10) of section 455.271, Florida
187	Statutes, is amended to read:
188	455.271  Inactive and delinquent status.-
189	(10)  The board, or the department when there is no board,
190	shall require Before reactivation, an inactive or delinquent
191	licensee, except for a licensee under chapter 473 or chapter
192	475, to complete one renewal cycle of shall meet the same
193	continuing education to reactivate a license requirements, if
194	any, imposed on an active status licensee for all biennial
195	licensure periods in which the licensee was inactive or
196	delinquent. This subsection does not apply to persons regulated
197	under chapter 473.
198	Section 9.  Subsection (2) of section 477.0212, Florida
199	Statutes, is amended to read:
200	477.0212  Inactive status.-
201	(2)  The board shall adopt promulgate rules relating to
202	licenses that which have become inactive and for the renewal of
203	inactive licenses. The rules must require one renewal cycle of
204	continuing education to reactivate a license. The board shall
205	prescribe by rule a fee not to exceed $50 for the reactivation
206	of an inactive license and a fee not to exceed $50 for the
207	renewal of an inactive license.
208	Section 10.  Subsection (1) of section 481.217, Florida
209	Statutes, is amended to read:
210	481.217  Inactive status.-
211	(1)  The board may prescribe by rule continuing education
212	requirements as a condition of reactivating a license. The rules
213	must require one renewal cycle of continuing education to
214	reactivate requirements for reactivating a license for a
215	registered architect may not exceed 12 contact hours for each
216	year the license was inactive. The minimum continuing education
217	requirement for reactivating a license for a registered interior
218	designer shall be those of the most recent biennium plus one-
219	half of the requirements in s. 481.215 for each year or part
220	thereof during which the license was inactive. The board shall
221	only approve continuing education that builds upon the basic
222	knowledge of interior design.
223	Section 11.  Subsections (3) and (6) of section 489.116,
224	Florida Statutes, are amended to read:
225	489.116  Inactive and delinquent status; renewal and
226	cancellation notices.-
227	(3)  An inactive status certificateholder or registrant may
228	change to active status at any time if, provided the
229	certificateholder or registrant meets all requirements for
230	active status, pays any additional licensure fees necessary to
231	equal those imposed on an active status certificateholder or
232	registrant, and pays any applicable late fees, and meets all
233	continuing education requirements prescribed by the board.
234	(6)  The board may not require an inactive
235	certificateholder or registrant to complete more than one
236	renewal cycle of shall comply with the same continuing education
237	for reactivating a certificate or registration requirements, if
238	any, that are imposed on an active status certificateholder or
239	registrant.
240	Section 12.  Subsection (1) of section 489.519, Florida
241	Statutes, is amended to read:
242	489.519  Inactive status.-
243	(1)  A certificate or registration that becomes has become
244	inactive may be reactivated under s. 489.517 upon application to
245	the department. The licensee must complete one renewal cycle of
246	board may prescribe, by rule, continuing education to reactivate
247	requirements as a condition of reactivating a certificate or
248	registration. The continuing education requirements for
249	reactivating a certificate or registration may not exceed 12
250	classroom hours for each year the certificate or registration
251	was inactive.
252	Section 13.  Subsections (3) and (4) and paragraph (b) of
253	subsection (7) of section 473.308, Florida Statutes, are amended
254	to read:
255	473.308  Licensure.-
256	(3)  An applicant for licensure must:
257	(a)  Complete have at least 150 semester hours of college
258	education, including a baccalaureate or higher degree conferred
259	by an accredited college or university, with a concentration in
260	accounting and business in the total educational program to the
261	extent specified by the board; or
262	(b)  Graduate from an accredited university in the state
263	with a master's degree in accounting.
264	(4)(a)  An applicant for licensure after December 31, 2008,
265	must show that he or she has had 1 year of relevant work
266	experience. This experience must shall include providing any
267	type of service or advice involving the use of accounting,
268	attest, compilation, management advisory, financial advisory,
269	tax, or consulting skills, all of which must be verified by a
270	certified public accountant who is licensed by a state or
271	territory of the United States and who has supervised the
272	applicant. This experience is acceptable if it was gained
273	through employment in government, industry, academia, or public
274	practice; constituted a substantial part of the applicant's
275	duties; and was under the supervision of a certified public
276	accountant licensed by a state or territory of the United
277	States. The board shall adopt rules specifying standards and
278	providing for the review and approval of the work experience
279	required by this section.
280	(b)  However, an applicant who completed the requirements
281	of subsection (3) on or before December 31, 2008, and who passes
282	the licensure examination on or before June 30, 2010, is exempt
283	from the requirements of this subsection.
284	(7)  The board shall certify as qualified for a license by
285	endorsement an applicant who:
286	(b)1.a.  Holds a valid license to practice public
287	accounting issued by another state or territory of the United
288	States, if the criteria for issuance of such license were
289	substantially equivalent to the licensure criteria that existed
290	in this state at the time the license was issued; or
291	b.  Holds a valid license to practice public accounting
292	issued by another state or territory of the United States but
293	the criteria for issuance of such license did not meet the
294	requirements of sub-subparagraph a.; has met the requirements of
295	this section for education, work experience, and good moral
296	character; has at least 5 years of work experience that meets
297	the requirements of subsection (4) or at least 5 years of
298	experience in the practice of public accountancy or its
299	equivalent that meets the requirements of subsection (8); and
300	has passed a national, regional, state, or territorial licensing
301	examination that is substantially equivalent to the examination
302	required by s. 473.306; and
303	2.  Has completed continuing education courses that are
304	equivalent to the continuing education requirements for a
305	Florida certified public accountant licensed in this state
306	during the 2 years immediately preceding her or his application
307	for licensure by endorsement.
308	Section 14.  Subsection (6) of section 475.17, Florida
309	Statutes, is amended to read:
310	475.17  Qualifications for practice.-
311	(6)  The postlicensure education requirements of this
312	section, and the education course requirements for one to become
313	initially licensed, do not apply to any applicant or licensee
314	who has received a bachelor's degree in real estate, a
315	bachelor's degree in business with a concentration or emphasis
316	in real estate, or a higher degree with a concentration or
317	emphasis 4-year degree in real estate from an accredited
318	institution of higher education.
319	Section 15.  Subsection (2) of section 481.219, Florida
320	Statutes, is amended to read:
321	481.219  Certification of partnerships, limited liability
322	companies, and corporations.-
323	(2)  For the purposes of this section, a certificate of
324	authorization is shall be required for a corporation, limited
325	liability company, partnership, or person practicing under a
326	fictitious name, offering architectural services to the public
327	jointly or separately. However, when an individual is practicing
328	architecture in her or his own name, or in a fictitious name
329	under which the individual is doing business as a sole
330	proprietorship, she or he is shall not be required to be
331	certified under this section. Certification under this
332	subsection to offer architectural services shall include all the
333	rights and privileges of certification under subsection (3) to
334	offer interior design services.
335	Section 16.  Subsection (3) of section 493.6107, Florida
336	Statutes, is amended to read:
337	493.6107  Fees.-
338	(3)  The fees set forth in this section must be paid by
339	certified check or money order or, at the discretion of the
340	department, by electronic funds transfer agency check at the
341	time the application is approved, except that the applicant for
342	a Class "G" or Class "M" license must pay the license fee at the
343	time the application is made. If a license is revoked or denied
344	or if the application is withdrawn, the license fee shall not be
345	refunded.
346	Section 17.  Subsection (3) of section 493.6202, Florida
347	Statutes, is amended to read:
348	493.6202  Fees.-
349	(3)  The fees set forth in this section must be paid by
350	certified check or money order or, at the discretion of the
351	department, by electronic funds transfer agency check at the
352	time the application is approved, except that the applicant for
353	a Class "G," Class "C," Class "CC," Class "M," or Class "MA"
354	license must pay the license fee at the time the application is
355	made. If a license is revoked or denied or if the application is
356	withdrawn, the license fee shall not be refunded.
357	Section 18.  Subsections (7) and (8) of section 493.6401,
358	Florida Statutes, are amended to read:
359	493.6401  Classes of licenses.-
360	(7)  Any person who operates a recovery agent repossessor
361	school or training facility or who conducts an Internet-based
362	training course or a correspondence training course must have a
363	Class "RS" license.
364	(8)  Any individual who teaches or instructs at a Class
365	"RS" recovery agent repossessor school or training facility
366	shall have a Class "RI" license.
367	Section 19.  Paragraphs (f) and (g) of subsection (1) and
368	subsection (3) of section 493.6402, Florida Statutes, are
369	amended to read:
370	493.6402  Fees.-
371	(1)  The department shall establish by rule biennial
372	license fees which shall not exceed the following:
373	(f)  Class "RS" license-recovery agent repossessor school
374	or training facility: $60.
375	(g)  Class "RI" license-recovery agent repossessor school
376	or training facility instructor: $60.
377	(3)  The fees set forth in this section must be paid by
378	certified check or money order, or, at the discretion of the
379	department, by electronic funds transfer agency check at the
380	time the application is approved, except that the applicant for
381	a Class "E," Class "EE," or Class "MR" license must pay the
382	license fee at the time the application is made. If a license is
383	revoked or denied, or if an application is withdrawn, the
384	license fee shall not be refunded.
385	Section 20.  Section 493.6406, Florida Statutes, is amended
386	to read:
387	493.6406  Recovery agent Repossession services school or
388	training facility.-
389	(1)  Any school, training facility, or instructor who
390	offers the training outlined in s. 493.6403(2) for Class "EE"
391	applicants shall, before licensure of such school, training
392	facility, or instructor, file with the department an application
393	accompanied by an application fee in an amount to be determined
394	by rule, not to exceed $60. The fee shall not be refundable.
395	This training may be offered as face-to-face training, Internet-
396	based training, or correspondence training.
397	(2)  The application shall be signed and notarized and
398	shall contain, at a minimum, the following information:
399	(a)  The name and address of the school or training
400	facility and, if the applicant is an individual, his or her
401	name, address, and social security or alien registration number.
402	(b)  The street address of the place at which the training
403	is to be conducted or the street address of the Class "RS"
404	school offering Internet-based or correspondence training.
405	(c)  A copy of the training curriculum and final
406	examination to be administered.
407	(3)  The department shall adopt rules establishing the
408	criteria for approval of schools, training facilities, and
409	instructors.
410	Section 21.  Paragraphs (j) through (z) of subsection (1)
411	of section 500.03, Florida Statutes, are redesignated as
412	paragraphs (l) through (bb), respectively, present paragraphs
413	(n) and (p) are amended, and new paragraphs (j) and (k) are
414	added to that subsection, to read:
415	500.03  Definitions; construction; applicability.-
416	(1)  For the purpose of this chapter, the term:
417	(j)  "Cottage food operation" means a natural person who
418	produces or packages cottage food products at his or her
419	residence and sells such products in accordance with s. 500.80.
420	(k)  "Cottage food product" means food that is not a
421	potentially hazardous food as defined by department rule which
422	is sold by a cottage food operation in accordance with s.
423	500.80.
424	(p)(n)  "Food establishment" means any factory, food
425	outlet, or any other facility manufacturing, processing,
426	packing, holding, or preparing food or selling food at wholesale
427	or retail. The term does not include any business or activity
428	that is regulated under s. 500.80, chapter 509, or chapter 601.
429	The term includes tomato packinghouses and repackers but does
430	not include any other establishments that pack fruits and
431	vegetables in their raw or natural states, including those
432	fruits or vegetables that are washed, colored, or otherwise
433	treated in their unpeeled, natural form before they are
434	marketed.
435	(r)(p)  "Food service establishment" means any place where
436	food is prepared and intended for individual portion service,
437	and includes the site at which individual portions are provided.
438	The term includes any such place regardless of whether
439	consumption is on or off the premises and regardless of whether
440	there is a charge for the food. The term includes delicatessens
441	that offer prepared food in individual service portions. The
442	term does not include schools, institutions, fraternal
443	organizations, private homes where food is prepared or served
444	for individual family consumption, retail food stores, the
445	location of food vending machines, cottage food operations, and
446	supply vehicles, nor does the term include a research and
447	development test kitchen limited to the use of employees and
448	which is not open to the general public.
449	Section 22.  Subsection (1) of section 500.121, Florida
450	Statutes, is amended to read:
451	500.121  Disciplinary procedures.-
452	(1)  In addition to the suspension procedures provided in
453	s. 500.12, if applicable, the department may impose a fine not
454	to exceed exceeding $5,000 against any retail food store, or
455	food establishment, or cottage food operation that violates has
456	violated this chapter, which fine, when imposed and paid, shall
457	be deposited by the department into the General Inspection Trust
458	Fund. The department may revoke or suspend the permit of any
459	such retail food store or food establishment if it is satisfied
460	that the retail food store or food establishment has:
461	(a)  Violated any of the provisions of this chapter.
462	(b)  Violated or aided or abetted in the violation of any
463	law of this state governing or applicable to retail food stores
464	or food establishments or any lawful rules of the department.
465	(c)  Knowingly committed, or been a party to, any material
466	fraud, misrepresentation, conspiracy, collusion, trick, scheme,
467	or device whereby any other person, lawfully relying upon the
468	word, representation, or conduct of a retail food store or food
469	establishment, acts to her or his injury or damage.
470	(d)  Committed any act or conduct of the same or different
471	character than that enumerated which constitutes fraudulent or
472	dishonest dealing.
473	Section 23.  Section 500.80, Florida Statutes, is created
474	to read:
475	500.80  Cottage food operations.-
476	(1)(a)  A cottage food operation must comply with the
477	applicable requirements of this chapter but is exempt from the
478	permitting requirements of s. 500.12 if the cottage food
479	operation complies with this section and has annual gross sales
480	of cottage food products that do not exceed $15,000.
481	(b)  For purposes of this subsection, a cottage food
482	operation's annual gross sales include all sales of cottage food
483	products at any location, regardless of the types of products
484	sold or the number of persons involved in the operation. A
485	cottage food operation must provide the department, upon
486	request, with written documentation to verify the operation's
487	annual gross sales.
488	(2)  A cottage food operation may not sell or offer for
489	sale cottage food products over the Internet, by mail order, or
490	at wholesale.
491	(3)  A cottage food operation may only sell cottage food
492	products which are prepackaged with a label affixed that
493	contains the following information:
494	(a)  The name and address of the cottage food operation.
495	(b)  The name of the cottage food product.
496	(c)  The ingredients of the cottage food product, in
497	descending order of predominance by weight.
498	(d)  The net weight or net volume of the cottage food
499	product.
500	(e)  Allergen information as specified by federal labeling
501	requirements.
502	(f)  If any nutritional claim is made, appropriate
503	nutritional information as specified by federal labeling
504	requirements.
505	(g)  The following statement printed in at least 10-point
506	type in a color that provides a clear contrast to the background
507	of the label: "Made in a cottage food operation that is not
508	subject to Florida's food safety regulations."
509	(4)  A cottage food operation may only sell cottage food
510	products that it stores on the premises of the cottage food
511	operation.
512	(5)  This section does not exempt a cottage food operation
513	from any state or federal tax law, rule, regulation, or
514	certificate that applies to all cottage food operations.
515	(6)  A cottage food operation must comply with all
516	applicable county and municipal laws and ordinances regulating
517	the preparation, processing, storage, and sale of cottage food
518	products by a cottage food operation or from a person's
519	residence.
520	(7)(a)  The department may investigate any complaint which
521	alleges that a cottage food operation has violated an applicable
522	provision of this chapter or rule adopted under this chapter.
523	(b)  Only upon receipt of a complaint, the department's
524	authorized officer or employee may enter and inspect the
525	premises of a cottage food operation to determine compliance
526	with this chapter and department rules, as applicable. A cottage
527	food operation's refusal to permit the department's authorized
528	officer or employee entry to the premises or to conduct the
529	inspection is grounds for disciplinary action pursuant to s.
530	500.121.
531	(8)  This section does not apply to a person operating
532	under a food permit issued pursuant to s. 500.12.
533	Section 24.  Subsection (8) of section 501.160, Florida
534	Statutes, is amended to read:
535	501.160  Rental or sale of essential commodities during a
536	declared state of emergency; prohibition against unconscionable
537	prices.-
538	(8)  Any violation of this section may be enforced by the
539	Department of Agriculture and Consumer Services, the office of
540	the state attorney, or the Department of Legal Affairs.
541	Section 25.  Subsection (7) of section 509.032, Florida
542	Statutes, is amended to read:
543	509.032  Duties.-
544	(7)  PREEMPTION AUTHORITY.-The regulation of public lodging
545	establishments and public food service establishments,
546	including, but not limited to, the inspection of public lodging
547	establishments and public food service establishments for
548	compliance with the sanitation standards, inspections adopted
549	under this section, and the regulation of food safety protection
550	standards for required training and testing of food service
551	establishment personnel, and matters related to the nutritional
552	content and marketing of foods offered in such establishments,
553	are preempted to the state. This subsection does not preempt the
554	authority of a local government or local enforcement district to
555	conduct inspections of public lodging and public food service
556	establishments for compliance with the Florida Building Code and
557	the Florida Fire Prevention Code, pursuant to ss. 553.80 and
558	633.022.
559	Section 26.  Subsection (1) of section 509.261, Florida
560	Statutes, is amended to read:
561	509.261  Revocation or suspension of licenses; fines;
562	procedure.-
563	(1)  Any public lodging establishment or public food
564	service establishment that has operated or is operating in
565	violation of this chapter or the rules of the division,
566	operating without a license, or operating with a suspended or
567	revoked license may be subject by the division to:
568	(a)  Fines not to exceed $1,000 per offense;
569	(b)  Mandatory completion attendance, at personal expense,
570	of a remedial at an educational program administered sponsored
571	by a food safety training program provider whose program is
572	approved by the division as provided in s. 509.049 the
573	Hospitality Education Program; and
574	(c)  The suspension, revocation, or refusal of a license
575	issued pursuant to this chapter.
576	Section 27.  Subsection (2) of section 633.537, Florida
577	Statutes, is amended to read:
578	633.537  Certificate; expiration; renewal; inactive
579	certificate; continuing education.-
580	(2)  A person who holds a valid certificate may maintain
581	such certificate in an inactive status during which time she or
582	he may not engage in contracting. An inactive status certificate
583	shall be void after four a 2-year periods period. The biennial
584	renewal fee for an inactive status certificate shall be $75. An
585	inactive status certificate may be reactivated upon application
586	to the State Fire Marshal and payment of the initial application
587	fee.
588	Section 28.  Subsections (8) through (23) of section
589	681.102, Florida Statutes, are renumbered as subsections (7)
590	through (22), respectively, and present subsection (7) of that
591	section is amended to read:
592	681.102  Definitions.-As used in this chapter, the term:
593	(7)  "Division" means the Division of Consumer Services of
594	the Department of Agriculture and Consumer Services.
595	Section 29.  Subsection (3) of section 681.103, Florida
596	Statutes, is amended to read:
597	681.103  Duty of manufacturer to conform a motor vehicle to
598	the warranty.-
599	(3)  At the time of acquisition, the manufacturer shall
600	inform the consumer clearly and conspicuously in writing how and
601	where to file a claim with a certified procedure if such
602	procedure has been established by the manufacturer pursuant to
603	s. 681.108. The nameplate manufacturer of a recreational vehicle
604	shall, at the time of vehicle acquisition, inform the consumer
605	clearly and conspicuously in writing how and where to file a
606	claim with a program pursuant to s. 681.1096. The manufacturer
607	shall provide to the dealer and, at the time of acquisition, the
608	dealer shall provide to the consumer a written statement that
609	explains the consumer's rights under this chapter. The written
610	statement shall be prepared by the Department of Legal Affairs
611	and shall contain a toll-free number for the department division
612	that the consumer can contact to obtain information regarding
613	the consumer's rights and obligations under this chapter or to
614	commence arbitration. If the manufacturer obtains a signed
615	receipt for timely delivery of sufficient quantities of this
616	written statement to meet the dealer's vehicle sales
617	requirements, it shall constitute prima facie evidence of
618	compliance with this subsection by the manufacturer. The
619	consumer's signed acknowledgment of receipt of materials
620	required under this subsection shall constitute prima facie
621	evidence of compliance by the manufacturer and dealer. The form
622	of the acknowledgments shall be approved by the Department of
623	Legal Affairs, and the dealer shall maintain the consumer's
624	signed acknowledgment for 3 years.
625	Section 30.  Section 681.108, Florida Statutes, is amended
626	to read:
627	681.108  Dispute-settlement procedures.-
628	(1)  If a manufacturer has established a procedure, which
629	the department division has certified as substantially complying
630	with the provisions of 16 C.F.R. part 703, in effect October 1,
631	1983, and with the provisions of this chapter and the rules
632	adopted under this chapter, and has informed the consumer how
633	and where to file a claim with such procedure pursuant to s.
634	681.103(3), the provisions of s. 681.104(2) apply to the
635	consumer only if the consumer has first resorted to such
636	procedure. The decisionmakers for a certified procedure shall,
637	in rendering decisions, take into account all legal and
638	equitable factors germane to a fair and just decision,
639	including, but not limited to, the warranty; the rights and
640	remedies conferred under 16 C.F.R. part 703, in effect October
641	1, 1983; the provisions of this chapter; and any other equitable
642	considerations appropriate under the circumstances.
643	Decisionmakers and staff of a procedure shall be trained in the
644	provisions of this chapter and in 16 C.F.R. part 703, in effect
645	October 1, 1983. In an action brought by a consumer concerning
646	an alleged nonconformity, the decision that results from a
647	certified procedure is admissible in evidence.
648	(2)  A manufacturer may apply to the department division
649	for certification of its procedure. After receipt and evaluation
650	of the application, the department division shall certify the
651	procedure or notify the manufacturer of any deficiencies in the
652	application or the procedure.
653	(3)  A certified procedure or a procedure of an applicant
654	seeking certification shall submit to the department division a
655	copy of each settlement approved by the procedure or decision
656	made by a decisionmaker within 30 days after the settlement is
657	reached or the decision is rendered. The decision or settlement
658	must contain at a minimum the:
659	(a)  Name and address of the consumer;
660	(b)  Name of the manufacturer and address of the dealership
661	from which the motor vehicle was purchased;
662	(c)  Date the claim was received and the location of the
663	procedure office that handled the claim;
664	(d)  Relief requested by the consumer;
665	(e)  Name of each decisionmaker rendering the decision or
666	person approving the settlement;
667	(f)  Statement of the terms of the settlement or decision;
668	(g)  Date of the settlement or decision; and
669	(h)  Statement of whether the decision was accepted or
670	rejected by the consumer.
671	(4)  Any manufacturer establishing or applying to establish
672	a certified procedure must file with the department division a
673	copy of the annual audit required under the provisions of 16
674	C.F.R. part 703, in effect October 1, 1983, together with any
675	additional information required for purposes of certification,
676	including the number of refunds and replacements made in this
677	state pursuant to the provisions of this chapter by the
678	manufacturer during the period audited.
679	(5)  The department division shall review each certified
680	procedure at least annually, prepare an annual report evaluating
681	the operation of certified procedures established by motor
682	vehicle manufacturers and procedures of applicants seeking
683	certification, and, for a period not to exceed 1 year, shall
684	grant certification to, or renew certification for, those
685	manufacturers whose procedures substantially comply with the
686	provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
687	with the provisions of this chapter and rules adopted under this
688	chapter. If certification is revoked or denied, the department
689	division shall state the reasons for such action. The reports
690	and records of actions taken with respect to certification shall
691	be public records.
692	(6)  A manufacturer whose certification is denied or
693	revoked is entitled to a hearing pursuant to chapter 120.
694	(7)  If federal preemption of state authority to regulate
695	procedures occurs, the provisions of subsection (1) concerning
696	prior resort do not apply.
697	(8)  The department division shall adopt rules to
698	administer implement this section.
699	Section 31.  Section 681.109, Florida Statutes, is amended
700	to read:
701	681.109  Florida New Motor Vehicle Arbitration Board;
702	dispute eligibility.-
703	(1)  If a manufacturer has a certified procedure, a
704	consumer claim arising during the Lemon Law rights period must
705	be filed with the certified procedure no later than 60 days
706	after the expiration of the Lemon Law rights period. If a
707	decision is not rendered by the certified procedure within 40
708	days of filing, the consumer may apply to the department
709	division to have the dispute removed to the board for
710	arbitration.
711	(2)  If a manufacturer has a certified procedure, a
712	consumer claim arising during the Lemon Law rights period must
713	be filed with the certified procedure no later than 60 days
714	after the expiration of the Lemon Law rights period. If a
715	consumer is not satisfied with the decision or the
716	manufacturer's compliance therewith, the consumer may apply to
717	the department division to have the dispute submitted to the
718	board for arbitration. A manufacturer may not seek review of a
719	decision made under its procedure.
720	(3)  If a manufacturer has no certified procedure or if a
721	certified procedure does not have jurisdiction to resolve the
722	dispute, a consumer may apply directly to the department
723	division to have the dispute submitted to the board for
724	arbitration.
725	(4)   A consumer must request arbitration before the board
726	with respect to a claim arising during the Lemon Law rights
727	period no later than 60 days after the expiration of the Lemon
728	Law rights period, or within 30 days after the final action of a
729	certified procedure, whichever date occurs later.
730	(5)  The department division shall screen all requests for
731	arbitration before the board to determine eligibility. The
732	consumer's request for arbitration before the board shall be
733	made on a form prescribed by the department. The department
734	division shall assign forward to the board all disputes that the
735	department division determines are potentially entitled to
736	relief under this chapter.
737	(6)  The department division may reject a dispute that it
738	determines to be fraudulent or outside the scope of the board's
739	authority. Any dispute deemed by the department division to be
740	ineligible for arbitration by the board due to insufficient
741	evidence may be reconsidered upon the submission of new
742	information regarding the dispute. Following a second review,
743	the department division may reject a dispute if the evidence is
744	clearly insufficient to qualify for relief. If the department
745	rejects a dispute, notice of such rejection Any dispute rejected
746	by the division shall be forwarded to the department and a copy
747	shall be sent by registered mail to the consumer and the
748	manufacturer, containing a brief explanation as to the reason
749	for rejection.
750	(7)  If the department division rejects a dispute, the
751	consumer may file a lawsuit to enforce the remedies provided
752	under this chapter. In any civil action arising under this
753	chapter and relating to a matter considered by the department
754	division, any determination made to reject a dispute is
755	admissible in evidence.
756	(8)   The department may shall have the authority to adopt
757	reasonable rules to administer carry out the provisions of this
758	section.
759	Section 32.  Subsections (2), (4), (5), (11), and (12) of
760	section 681.1095, Florida Statutes, are amended to read:
761	681.1095  Florida New Motor Vehicle Arbitration Board;
762	creation and function.-
763	(2)  The boards shall hear cases in various locations
764	throughout the state so any consumer whose dispute is approved
765	for arbitration by the department division may attend an
766	arbitration hearing at a reasonably convenient location and
767	present a dispute orally. Hearings shall be conducted by panels
768	of three board members assigned by the department. A majority
769	vote of the three-member board panel shall be required to render
770	a decision. Arbitration proceedings under this section shall be
771	open to the public on reasonable and nondiscriminatory terms.
772	(4)  Before filing a civil action on a matter subject to s.
773	681.104, the consumer must first submit the dispute to the
774	department division, and to the board if such dispute is deemed
775	eligible for arbitration.
776	(5)  Manufacturers shall submit to arbitration conducted by
777	the board if such arbitration is requested by a consumer and the
778	dispute is deemed eligible for arbitration by the department
779	division pursuant to s. 681.109.
780	(11)  All provisions in this section and s. 681.109
781	pertaining to compulsory arbitration before the board, the
782	dispute eligibility screening by the department division, the
783	proceedings and decisions of the board, and any appeals thereof,
784	are exempt from the provisions of chapter 120.
785	(12)  An appeal of a decision by the board to the circuit
786	court by a consumer or a manufacturer shall be by trial de novo.
787	In a written petition to appeal a decision by the board, the
788	appealing party must state the action requested and the grounds
789	relied upon for appeal. Within 30 days after of final
790	disposition of the appeal, the appealing party shall furnish the
791	department with notice of such disposition and, upon request,
792	shall furnish the department with a copy of the order or
793	judgment of the court.
794	Section 33.  Subsections (2) and (4) of section 681.1096,
795	Florida Statutes, are amended to read:
796	681.1096  RV Mediation and Arbitration Program; creation
797	and qualifications.-
798	(2)  Each manufacturer of a recreational vehicle involved
799	in a dispute that is determined eligible under this chapter,
800	including chassis and component manufacturers which separately
801	warrant the chassis and components and which otherwise meet the
802	definition of manufacturer set forth in s. 681.102(13)(14),
803	shall participate in a mediation and arbitration program that is
804	deemed qualified by the department.
805	(4)  The department shall monitor the program for
806	compliance with this chapter. If the program is determined not
807	qualified or if qualification is revoked, then disputes shall be
808	subject to the provisions of ss. 681.109 and 681.1095. If the
809	program is determined not qualified or if qualification is
810	revoked as to a manufacturer, all those manufacturers
811	potentially involved in the eligible consumer dispute shall be
812	required to submit to arbitration conducted by the board if such
813	arbitration is requested by a consumer and the dispute is deemed
814	eligible for arbitration by the department division pursuant to
815	s. 681.109. A consumer having a dispute involving one or more
816	manufacturers for which the program has been determined not
817	qualified, or for which qualification has been revoked, is not
818	required to submit the dispute to the program irrespective of
819	whether the program may be qualified as to some of the
820	manufacturers potentially involved in the dispute.
821	Section 34.  Subsection (2) of section 681.112, Florida
822	Statutes, is amended to read:
823	681.112  Consumer remedies.-
824	(2)  An action brought under this chapter must be commenced
825	within 1 year after the expiration of the Lemon Law rights
826	period, or, if a consumer resorts to an informal dispute-
827	settlement procedure or submits a dispute to the department
828	division or board, within 1 year after the final action of the
829	procedure, department division, or board.
830	Section 35.  Subsection (1) of section 681.117, Florida
831	Statutes, is amended to read:
832	681.117  Fee.-
833	(1)  A $2 fee shall be collected by a motor vehicle dealer,
834	or by a person engaged in the business of leasing motor
835	vehicles, from the consumer at the consummation of the sale of a
836	motor vehicle or at the time of entry into a lease agreement for
837	a motor vehicle. Such fees shall be remitted to the county tax
838	collector or private tag agency acting as agent for the
839	Department of Revenue. If the purchaser or lessee removes the
840	motor vehicle from the state for titling and registration
841	outside this state, the fee shall be remitted to the Department
842	of Revenue. All fees, less the cost of administration, shall be
843	transferred monthly to the Department of Legal Affairs for
844	deposit into the Motor Vehicle Warranty Trust Fund. The
845	Department of Legal Affairs shall distribute monthly an amount
846	not exceeding one-fourth of the fees received to the Division of
847	Consumer Services of the Department of Agriculture and Consumer
848	Services to carry out the provisions of ss. 681.108 and 681.109.
849	The Department of Legal Affairs shall contract with the Division
850	of Consumer Services for payment of services performed by the
851	division pursuant to ss. 681.108 and 681.109.
852	Section 36.  (1)  Effective upon this act becoming a law,
853	section 10 of chapter 2010-84, Laws of Florida, is amended to
854	read:
855	Section 10.  This act shall take effect July 1, 2014 2011.
856	(2)  If this act becomes a law after June 30, 2011, this
857	section shall operate retroactively to June 30, 2011.
858	Section 37.  Except as otherwise expressly provided in this
859	act and except for this section, which shall take effect upon
860	this act becoming a law, this act shall take effect July 1,
861	2011.

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