HB 749

1	A bill to be entitled
2	An act relating to consumer protection; amending s.
3	20.14, F.S.; changing the name of the Division of
4	Consumer Services within the Department of Agriculture
5	and Consumer Services to the "Division of Consumer
6	Protection"; amending ss. 14.26, 213.053, 320.275, and
7	366.85, F.S.; conforming terminology; amending s.
8	472.005, F.S.; redefining the term "license" and
9	defining the terms "consumer member" and "licensee"
10	for purposes of provisions governing surveyors and
11	mappers; amending s. 472.006, F.S.; directing the
12	Department of Agriculture and Consumer Services to
13	work cooperatively with the Department of Revenue to
14	implement an automated method of disclosing
15	information related to licensees; authorizing the
16	Department of Agriculture and Consumer Services to
17	suspend or deny the license of any licensee found not
18	to be in compliance with a support order, subpoena,
19	order to show cause, or written agreement; providing
20	for reinstatement of a denied or suspended license;
21	relieving the department of certain liability
22	associated with the denial or suspension of a license;
23	amending s. 472.011, F.S.; authorizing the department
24	to waive license renewal fees for land surveyors and
25	mappers under certain circumstances; authorizing the
26	collection of an existing special assessment from
27	inactive and delinquent licensees; amending s.
28	472.0131, F.S., relating to examinations; making
29	technical changes; amending s. 472.015, F.S.;
30	authorizing the department to require land surveyors
31	or mappers to submit their social security numbers
32	when applying for initial licensure or license
33	renewal; providing conditions under which an
34	application is deemed received; providing conditions
35	under which the department may issue a license by
36	endorsement; requiring an applicant to provide his or
37	her social security number as required pursuant to
38	federal law; specifying how a social security number
39	may be used; amending s. 472.018, F.S., relating to
40	continuing education; making technical changes;
41	requiring that continuing education providers
42	electronically provide certain information to the
43	department; providing timeframes for reporting;
44	requiring that the department establish a system to
45	monitor licensee compliance with continuing education
46	requirements; defining the term "monitor"; authorizing
47	the department to refuse to renew a license until the
48	applicant satisfies continuing education requirements;
49	authorizing the department or board to impose
50	additional penalties against applicants who fail to
51	satisfy additional requirements; amending s. 472.0202,
52	F.S.; conforming a cross-reference; amending s.
53	472.0203, F.S.; providing for license renewal
54	notification by the department to be sent
55	electronically to the licensee's last known e-mail
56	address; amending s. 472.025, F.S.; providing that a
57	professional surveyor or mapper whose license is
58	revoked or suspended must return his or her seal to
59	the executive director of the board, rather than to
60	the secretary; creating s. 472.0337, F.S.; authorizing
61	the department to administer oaths, take depositions,
62	make inspections, issue and serve subpoenas and other
63	process, and compel the attendance of witnesses and
64	production of certain documents; providing for
65	challenges to and enforcement of subpoenas and orders;
66	amending s. 472.0351, F.S.; revising grounds for
67	discipline; eliminating certain actions by a licensee
68	which are grounds for disciplinary action; specifying
69	what constitutes an action against a license in
70	another state, territory, or country; specifying that
71	the board may enter an order against a surveyor or
72	mapper who committed certain violations before
73	obtaining a license; authorizing the board to require
74	corrective action; prohibiting the department from
75	issuing to or renewing the license of a person or
76	business entity that has been assessed a fine,
77	interest, costs, or attorney fees associated with an
78	investigation or prosecution until the person pays
79	them in full or complies with or satisfies all terms
80	and conditions of the final order; creating s.
81	472.0357, F.S.; providing penalties for knowingly
82	giving false information in the course of applying for
83	or obtaining a license; amending s. 493.6105, F.S.;
84	authorizing the Department of Agriculture and Consumer
85	Services to waive firearms training requirements for
86	the initial licensure of private investigative,
87	private security, or repossession services under
88	certain circumstances; amending s. 493.6113, F.S.;
89	authorizing the department to waive firearms training
90	requirements for license renewal of private
91	investigative, private security, and repossession
92	services under certain circumstances; amending s.
93	493.6118, F.S.; providing for disciplinary action to
94	be taken against certain additional license classes
95	and schools or training facilities for private
96	investigators and private security and repossession
97	services; amending s. 493.6120, F.S.; providing for
98	penalty provisions to apply to certain additional
99	license classes and schools or training facilities for
100	private investigators and private security and
101	repossession services; amending ss. 496.404, 496.411,
102	and 496.412, F.S.; conforming terminology; amending s.
103	501.015, F.S., relating to the regulation of health
104	studios; substituting the term "local business tax
105	receipt" for the term "local occupational license";
106	amending s. 501.017, F.S.; making technical changes;
107	clarifying that certain notice be provided in a health
108	studio contract in at least 10-point boldface type;
109	amending s. 501.605, F.S.; providing that an applicant
110	for a commercial telephone seller license may provide
111	other valid forms of identification in lieu of a valid
112	driver license number; removing the requirement that
113	the applicant provide his or her social security
114	number on the application; amending s. 501.607, F.S.;
115	providing that an applicant for a telemarketing
116	salesperson's license may provide other valid forms of
117	identification in lieu of a driver license number;
118	amending s. 501.911, F.S.; conforming terminology;
119	amending s. 501.913, F.S.; requiring the registrant of
120	a brand of antifreeze to assume full responsibility
121	for the registration; requiring that a registrant of a
122	brand of antifreeze not in production for distribution
123	in this state must submit a notarized affidavit
124	attesting to specified information; requiring that a
125	certain sample size of each brand of antifreeze
126	accompany the application for registration; amending
127	s. 507.04, F.S.; requiring that the Department of
128	Agriculture and Consumer Services be notified at least
129	10 days before any changes are made in the insurance
130	coverage of a household moving service; amending s.
131	525.07, F.S.; prohibiting a person from removing,
132	using, selling, offering for sale, distributing,
133	offering for distribution, or disposing of petroleum
134	fuel that has been placed under a stop-sale order
135	without first receiving permission from the Department
136	of Agriculture and Consumer Services; amending s.
137	526.143, F.S.; authorizing the department to
138	temporarily waive certain requirements for generators
139	at retail motor fuel outlets which are used in
140	preparation or response to an emergency or major
141	disaster in another state; amending s. 526.50, F.S.,
142	relating to the sale of brake fluid; defining the
143	terms "brand" and "formula"; amending s. 526.51, F.S.;
144	conforming terminology; providing criteria for
145	reregistering a previously registered brand and
146	formula combination of brake fluid; providing for a
147	fine for late submission of the application for
148	reregistration and required materials; requiring a
149	registrant to submit a notarized affidavit attesting
150	that specified conditions have been satisfied if a
151	registered brand and formula combination is not in
152	production for distribution in this state; amending s.
153	526.52, F.S.; providing alternative criteria under
154	which a brand of brake fluid may satisfy branding
155	requirements; amending s. 526.53, F.S.; conforming
156	terminology; requiring that stop-sale orders be served
157	by the department on the owner of the brand name, the
158	distributor, or other entity responsible for selling
159	or distributing the product; providing that the
160	department's representative, with the consent of the
161	department, may dispose of certain unregistered brake
162	fluid; amending s. 526.55, F.S.; replacing criminal
163	sanctions with administrative and monetary sanctions
164	for violations of laws regulating the sale of brake
165	fluid; amending s. 539.001, F.S.; eliminating the
166	requirement that a pawnshop provide the Department of
167	Agriculture and Consumer Services notice of a change
168	in its location by certified or registered mail;
169	amending s. 559.805, F.S.; eliminating a requirement
170	that sellers of business opportunities provide the
171	department with the social security numbers of their
172	independent agents; amending s. 559.904, F.S.,
173	relating to the regulation of motor vehicle repair
174	shops; substituting the term "business tax receipt"
175	for the term "occupational license"; amending s.
176	559.928, F.S., relating to the regulation of sellers
177	of travel; substituting the term "business tax
178	receipt" for the term "occupational license";
179	eliminating a requirement that an independent travel
180	agent provide his or her social security number to the
181	department; amending s. 559.9285, F.S.; conforming a
182	cross-reference; amending s. 559.935, F.S., relating
183	to an exemption from regulation provided for certain
184	sellers of travel; substituting the term "business tax
185	receipt" for the term "occupational license"; amending
186	s. 570.29, F.S.; conforming terminology; repealing s.
187	570.46, F.S., relating to the powers and duties of the
188	Division of Standards; repealing s. 570.47, F.S.,
189	relating to the qualifications and duties of the
190	director of the Division of Standards; amending s.
191	570.544, F.S.; conforming terminology; specifying the
192	powers and duties of the director of the Division of
193	Consumer Protection; amending s. 616.242, F.S.;
194	removing an obsolete reference to the Bureau of Fair
195	Rides Inspection; amending s. 849.0915, F.S., relating
196	to the regulation of gambling; conforming terminology;
197	providing an effective date.
198
199	Be It Enacted by the Legislature of the State of Florida:
200
201	Section 1.  Subsection (4) of section 14.26, Florida
202	Statutes, is amended to read:
203	14.26  Citizen's Assistance Office.-
204	(4)  The Citizen's Assistance Office shall refer consumer-
205	oriented complaints to the Division of Consumer Protection
206	Services of the Department of Agriculture and Consumer Services.
207	Section 2.  Paragraph (e) of subsection (2) of section
208	20.14, Florida Statutes, is amended to read:
209	20.14  Department of Agriculture and Consumer Services.-
210	There is created a Department of Agriculture and Consumer
211	Services.
212	(2)  The following divisions of the Department of
213	Agriculture and Consumer Services are established:
214	(e)  Consumer Protection Services.
215	Section 3.  Paragraph (q) of subsection (8) of section
216	213.053, Florida Statutes, is amended to read:
217	213.053  Confidentiality and information sharing.-
218	(8)  Notwithstanding any other provision of this section,
219	the department may provide:
220	(q)  Names, addresses, and sales tax registration
221	information to the Division of Consumer Protection Services of
222	the Department of Agriculture and Consumer Services in the
223	conduct of its official duties.
224
225	Disclosure of information under this subsection shall be
226	pursuant to a written agreement between the executive director
227	and the agency. Such agencies, governmental or nongovernmental,
228	shall be bound by the same requirements of confidentiality as
229	the Department of Revenue. Breach of confidentiality is a
230	misdemeanor of the first degree, punishable as provided by s.
231	775.082 or s. 775.083.
232	Section 4.  Paragraphs (a) and (b) of subsection (2) of
233	section 320.275, Florida Statutes, are amended to read:
234	320.275  Automobile Dealers Industry Advisory Board.-
235	(2)  MEMBERSHIP, TERMS, MEETINGS.-
236	(a)  The board shall be composed of 12 members. The
237	executive director of the Department of Highway Safety and Motor
238	Vehicles shall appoint the members from names submitted by the
239	entities for the designated categories the member will
240	represent. The executive director shall appoint one
241	representative of the Department of Highway Safety and Motor
242	Vehicles; two representatives of the independent motor vehicle
243	industry as recommended by the Florida Independent Automobile
244	Dealers Association; two representatives of the franchise motor
245	vehicle industry as recommended by the Florida Automobile
246	Dealers Association; one representative of the auction motor
247	vehicle industry who is from an auction chain and is recommended
248	by a group affiliated with the National Auto Auction
249	Association; one representative of the auction motor vehicle
250	industry who is from an independent auction and is recommended
251	by a group affiliated with the National Auto Auction
252	Association; one representative from the Department of Revenue;
253	a Florida tax collector representative recommended by the
254	Florida Tax Collectors Association; one representative from the
255	Better Business Bureau; one representative from the Department
256	of Agriculture and Consumer Services, who must represent the
257	Division of Consumer Protection Services; and one representative
258	of the insurance industry who writes motor vehicle dealer surety
259	bonds.
260	(b)1.  The executive director shall appoint the following
261	initial members to 1-year terms: one representative from the
262	motor vehicle auction industry who represents an auction chain,
263	one representative from the independent motor vehicle industry,
264	one representative from the franchise motor vehicle industry,
265	one representative from the Department of Revenue, one Florida
266	tax collector, and one representative from the Better Business
267	Bureau.
268	2.  The executive director shall appoint the following
269	initial members to 2-year terms: one representative from the
270	motor vehicle auction industry who represents an independent
271	auction, one representative from the independent motor vehicle
272	industry, one representative from the franchise motor vehicle
273	industry, one representative from the Division of Consumer
274	Protection Services, one representative from the insurance
275	industry, and one representative from the department.
276	3.  As the initial terms expire, the executive director
277	shall appoint successors from the same designated category for
278	terms of 2 years. If renominated, a member may succeed himself
279	or herself.
280	4.  The board shall appoint a chair and vice chair at its
281	initial meeting and every 2 years thereafter.
282	Section 5.  Section 366.85, Florida Statutes, is amended to
283	read:
284	366.85  Responsibilities of Division of Consumer Protection
285	Services.-The Division of Consumer Protection Services of the
286	Department of Agriculture and Consumer Services is shall be the
287	agency responsible for consumer conciliatory conferences, if
288	such conferences are required pursuant to federal law. The
289	division is shall also be the agency responsible for preparing
290	lists of sources for energy conservation products or services
291	and of financial institutions offering energy conservation
292	loans, if the such lists are required pursuant to federal law.
293	Notwithstanding any provision of federal law to the contrary,
294	the division may shall not require any manufacturer's warranty
295	exceeding 1 year in order for a source of conservation products
296	or services to be included on the appropriate list. The lists
297	shall be prepared for the service area of each utility and shall
298	be furnished to each utility for distribution to its customers.
299	The division shall update the lists on a systematic basis and
300	shall remove from any list any person who has been disciplined
301	by a any state agency or who has otherwise exhibited a pattern
302	of unsatisfactory work and any person who requests removal from
303	such lists. The division may is authorized to adopt rules to
304	administer implement the provisions of this section.
305	Section 6.  Subsection (7) of section 472.005, Florida
306	Statutes, is amended, and subsections (15) and (16) are added to
307	that section, to read:
308	472.005  Definitions.-As used in ss. 472.001-472.037:
309	(7)  The term "license" means a registration, certificate,
310	or license issued by the department pursuant to this chapter the
311	registration of surveyors and mappers or the certification of
312	businesses to practice surveying and mapping in this state.
313	(15)  "Consumer member" means a person appointed to serve
314	on the board who is not, and never has been, a professional
315	surveyor or mapper in any jurisdiction or a member of any
316	closely related profession regulated by the board.
317	(16)  "Licensee" means any person or business entity that
318	has been issued, pursuant to this chapter, a registration,
319	certificate, or license by the department.
320	Section 7.  Subsection (12) is added to section 472.006,
321	Florida Statutes, to read:
322	472.006  Department; powers and duties.-The department
323	shall:
324	(12)  Work cooperatively with the Department of Revenue to
325	implement an automated method for periodically disclosing
326	information relating to current licensees to the Department of
327	Revenue in order to further the public policy of reducing the
328	state's financial burden as a result of family desertion and
329	nonsupport of dependent children as provided in s. 409.2551. The
330	department shall, if directed by the court or the Department of
331	Revenue, pursuant to s. 409.2598, suspend or deny the license of
332	any licensee who is found to not be in compliance with a support
333	order, subpoena, order to show cause, or written agreement
334	entered into by the licensee with the Department of Revenue. The
335	department shall issue or reinstate the license without
336	additional charge to the licensee if notified by the court or
337	the Department of Revenue that the licensee has complied with
338	the terms of the support order. The department is not liable for
339	any license denial or suspension resulting from the discharge of
340	its duties under this subsection.
341	Section 8.  Subsections (1) and (12) of section 472.011,
342	Florida Statutes, are amended to read:
343	472.011  Fees.-
344	(1)  The board, by rule, may establish fees to be paid for
345	applications, examination, reexamination, licensing and renewal,
346	inactive status application and reactivation of inactive
347	licenses, recordmaking and recordkeeping, and applications for
348	providers of continuing education. The board may also establish
349	by rule a delinquency fee. The board shall establish fees that
350	are adequate to ensure the continued operation of the board.
351	Fees shall be based on department estimates of the revenue
352	required to implement ss. 472.001-472.037 and the provisions of
353	law with respect to the regulation of surveyors and mappers. If
354	the department determines, based on estimates of available
355	revenue collected pursuant to this section, that the General
356	Inspection Trust Fund contains funds that exceed the amount
357	required to cover the necessary functions of the board, the
358	department shall, by rule, waive the license renewal fees for
359	licensees under this chapter for a period not to exceed 2 years.
360	(12)  The board may, by rule, assess and collect a special
361	assessment one-time fee from each active, inactive, and
362	delinquent each voluntary inactive licensee in an amount
363	necessary to eliminate a cash deficit or, if there is not a cash
364	deficit, in an amount sufficient to maintain the financial
365	integrity of this profession as required in this subsection.
366	Section 9.  Subsection (3) of section 472.0131, Florida
367	Statutes, is amended to read:
368	472.0131  Examinations; development; administration.-
369	(3)  Except for national examinations approved and
370	administered pursuant to paragraph (1)(d), the department shall
371	provide procedures for applicants who have taken and failed an
372	examination developed by the department or a contracted vendor
373	to review their examination questions, answers, papers, grades,
374	and grading key for the questions the candidate answered
375	incorrectly on his or her last examination or, if not feasible,
376	the parts of the examination failed. Applicants shall bear the
377	actual cost for the department to provide examination review
378	pursuant to this subsection. An applicant may waive in writing
379	the confidentiality of his or her examination grades.
380	Section 10.  Subsection (1) and paragraph (b) of subsection
381	(6) of section 472.015, Florida Statutes, are amended, and
382	subsection (15) is added to that section, to read:
383	472.015  Licensure.-
384	(1)  Notwithstanding any other law, the department is the
385	sole authority for determining the contents of any documents to
386	be submitted for initial licensure and licensure renewal. The
387	Such documents may contain information including, as
388	appropriate: demographics, social security number, education,
389	work history, personal background, criminal history, finances,
390	business information, complaints, inspections, investigations,
391	discipline, bonding, signature notarization, photographs,
392	performance periods, reciprocity, local government approvals,
393	supporting documentation, periodic reporting requirements,
394	continuing education requirements, and ongoing education
395	monitoring. The applicant shall supplement his or her
396	application may be supplemented as needed to reflect any
397	material change in any circumstance or condition stated in the
398	application which takes place between the initial filing of the
399	application and the final grant or denial of the license and
400	which might affect the decision of the department. An
401	application is received for the purposes of s. 120.60 upon
402	receipt by the department of the application, submitted in the
403	format prescribed by the department, the application fee set by
404	the board, and any other documentation or fee required by law or
405	rule to be submitted with the application in order for the
406	application to be complete.
407	(6)
408	(b)  The department may shall not issue a license by
409	endorsement to any applicant who is under investigation in this
410	state or any other state or any other jurisdiction another state
411	for any act that would constitute a violation of this ss.
412	472.001-472.037 or chapter 455 until such time as the
413	investigation is complete and disciplinary proceedings have been
414	terminated.
415	(15)  Pursuant to the federal Personal Responsibility and
416	Work Opportunity Reconciliation Act of 1996, each person
417	applying for initial licensure or license renewal shall provide
418	his or her social security number. Use of social security
419	numbers obtained through this requirement is limited to the
420	purpose of administering the Title IV-D program for child
421	support enforcement, use by the department, and use as otherwise
422	provided by law.
423	Section 11.  Subsection (1) of section 472.018, Florida
424	Statutes, is amended, and subsections (13), (14), and (15) are
425	added to that section, to read:
426	472.018  Continuing education.-The department may not renew
427	a license until the licensee submits proof satisfactory to the
428	board that during the 2 years prior to her or his application
429	for renewal the licensee has completed at least 24 hours of
430	continuing education.
431	(1)  The board shall adopt rules to establish the criteria
432	and course content for continuing education courses. The rules
433	may provide that up to a maximum of 25 percent of the required
434	continuing education hours may can be fulfilled by the
435	performance of pro bono services to the indigent or to
436	underserved populations or in areas of critical need within the
437	state where the licensee practices. The board must require that
438	any pro bono services be approved in advance in order to receive
439	credit for continuing education under this section. The board
440	shall use the standard for determining indigency shall be that
441	recognized by the Federal Poverty Income Guidelines produced by
442	the United States Department of Health and Human Services in
443	determining indigency. The board may adopt rules that may
444	provide for approval by the board that a part of the continuing
445	education hours may can be fulfilled by performing research in
446	critical need areas or for training leading to advanced
447	professional certification. The board, or the department when
448	there is no board, may adopt make rules to define underserved
449	and critical need areas. The department shall adopt rules for
450	the administration of continuing education requirements adopted
451	by the board or the department when there is no board.
452	(13)  Each continuing education provider shall provide to
453	the department, in an electronic format determined by the
454	department, information regarding the continuing education
455	status of licensees which the department determines is necessary
456	to carry out its duties under this chapter. After a licensee
457	completes a course, the information must be submitted
458	electronically by the continuing education provider to the
459	department within 30 calendar days after completion. However,
460	beginning on the 30th day before the renewal deadline or before
461	the renewal date, whichever occurs sooner, the continuing
462	education provider shall electronically report such information
463	to the department within 10 business days after completion.
464	(14)  The department shall establish a system to monitor
465	licensee compliance with continuing education requirements and
466	to determine the continuing education status of each licensee.
467	As used in this subsection, the term "monitor" means the act of
468	determining, for each licensee, whether the licensee is in full
469	compliance with applicable continuing education requirements as
470	of the date of the licensee's application for license renewal.
471	(15)  The department may refuse to renew a license until
472	the licensee has satisfied all applicable continuing education
473	requirements. This subsection does not preclude the department
474	or board from imposing additional penalties pursuant to this
475	chapter or rules adopted pursuant this chapter.
476	Section 12.  Subsection (1) of section 472.0202, Florida
477	Statutes, is amended to read:
478	472.0202  Inactive and delinquent status.-
479	(1)  A licensee may practice a profession only if the
480	licensee has an active status license. A licensee who practices
481	a profession without an active status license is in violation of
482	this section and s. 472.0351 472.033, and the board may impose
483	discipline on the licensee.
484	Section 13.  Subsection (3) is added to section 472.0203,
485	Florida Statutes, to read:
486	472.0203  Renewal and cancellation notices.-
487	(3)  Notwithstanding any other law, a licensure renewal
488	notification required to be sent to the last known address of
489	record may be sent by the department to the licensee by
490	electronic means if the licensee has provided an e-mail address
491	to the department.
492	Section 14.  Subsection (2) of section 472.025, Florida
493	Statutes, is amended to read:
494	472.025  Seals.-
495	(2)  It is unlawful for a any person to stamp, seal, or
496	digitally sign a any document with a seal or digital signature
497	after his or her certificate of registration has expired or been
498	revoked or suspended, unless such certificate of registration
499	has been reinstated or reissued. When a the certificate of
500	registration of a registrant has been revoked or suspended by
501	the board, the registrant shall, within a period of 30 days
502	after the revocation or suspension has become effective,
503	surrender his or her seal to the executive director secretary of
504	the board and confirm to the executive director secretary the
505	cancellation of the registrant's digital signature in accordance
506	with ss. 668.001-668.006. If In the event the registrant's
507	certificate has been suspended for a period of time, his or her
508	seal shall be returned to him or her upon expiration of the
509	suspension period.
510	Section 15.  Section 472.0337, Florida Statutes, is created
511	to read:
512	472.0337  Power to administer oaths, take depositions, and
513	issue subpoenas.-For the purpose of an investigation or
514	proceeding conducted by the department, the department shall
515	administer oaths, take depositions, make inspections, issue
516	subpoenas which must be supported by affidavit, serve subpoenas
517	and other process, and compel the attendance of witnesses and
518	the production of books, papers, documents, and other evidence.
519	Challenges to, and enforcement of, the subpoenas and orders
520	shall be conducted as provided in s. 120.569.
521	Section 16.  Section 472.0351, Florida Statutes, is amended
522	to read:
523	472.0351  Grounds for discipline; penalties; enforcement.-
524	(1)  The following acts shall constitute grounds for which
525	the disciplinary actions specified in subsection (2) may be
526	taken:
527	(a)  Violation of any provision of s. 472.031;
528	(b)  Attempting to procure a license to practice surveying
529	and mapping by bribery or fraudulent misrepresentations;
530	(c)  Having a license to practice surveying and mapping
531	revoked, suspended, or otherwise acted against, including the
532	denial of licensure, by the licensing authority of another
533	state, territory, or country, for a violation that constitutes a
534	violation under the laws of this state. The acceptance of a
535	relinquishment of licensure, stipulation, consent order, or
536	other settlement offered in response to or in anticipation of
537	the filing of charges against the license by a licensing
538	authority is an action against the license;
539	(d)  Being convicted or found guilty of, or entering a plea
540	of guilty, no contest, or nolo contendere to, regardless of
541	adjudication, a crime in any jurisdiction which directly relates
542	to the practice of surveying and mapping or the ability to
543	practice surveying and mapping;
544	(e)  Making or filing a report or record that the licensee
545	knows to be false, willfully failing to file a report or record
546	required by state or federal law, willfully impeding or
547	obstructing such filing, or inducing another person to impede or
548	obstruct such filing. Such reports or records shall include only
549	those that are signed in the capacity of a registered surveyor
550	and mapper;
551	(f)  Advertising goods or services in a manner that is
552	fraudulent, false, deceptive, or misleading in form or content;
553	(g)  Upon proof that the licensee is guilty of fraud or
554	deceit, or of negligence, incompetency, or misconduct, in the
555	practice of surveying and mapping;
556	(h)  Failing to perform a any statutory or legal obligation
557	placed upon a licensed surveyor and mapper; violating a any
558	provision of this chapter, a rule of the board or department, or
559	a lawful order of the board or department previously entered in
560	a disciplinary hearing; or failing to comply with a lawfully
561	issued subpoena of the department;
562	(i)  Practicing on a revoked, suspended, inactive, or
563	delinquent license;
564	(j)  Making misleading, deceptive, or fraudulent
565	representations in or related to the practice of the licensee's
566	profession;
567	(k)  Intentionally violating any rule adopted by the board
568	or the department, as appropriate;
569	(l)  Having a license or the authority to practice the
570	regulated profession revoked, suspended, or otherwise acted
571	against, including the denial of licensure, by the licensing
572	authority of any jurisdiction, including its agencies or
573	subdivisions, for a violation that would constitute a violation
574	under Florida law;
575	(j)(m)  Having been found liable in a civil proceeding for
576	knowingly filing a false report or complaint with the department
577	against another licensee;
578	(k)(n)  Failing to report to the department any person who
579	the licensee knows is in violation of this chapter or the rules
580	of the department or the board;
581	(l)(o)  Aiding, assisting, procuring, employing, or
582	advising any unlicensed person or entity to practice surveying
583	and mapping contrary to this chapter or the rules of the
584	department or the board;
585	(m)(p)  Making deceptive, untrue, or fraudulent
586	representations in or related to the practice of professional
587	surveying or mapping a profession or employing a trick or scheme
588	in or related to the practice of professional surveying or
589	mapping a profession;
590	(n)(q)  Exercising influence on the client for the purpose
591	of financial gain of the licensee or a third party;
592	(o)(r)  Practicing or offering to practice beyond the scope
593	permitted by law or accepting and performing professional
594	responsibilities the licensee knows, or has reason to know, the
595	licensee is not competent to perform;
596	(p)(s)  Delegating or contracting for the performance of
597	professional responsibilities by a person when the licensee
598	delegating or contracting for performance of such
599	responsibilities knows, or has reason to know, such person is
600	not qualified by training, experience, and authorization when
601	required to perform them; or
602	(t)  Violating this chapter, the applicable professional
603	practice act, a rule of the department or the board, or a lawful
604	order of the department or the board, or failing to comply with
605	a lawfully issued subpoena of the department; or
606	(q)(u)  Improperly interfering with an investigation or
607	inspection authorized by statute, or with any disciplinary
608	proceeding.
609	(2)  If When the board finds a any surveyor or mapper
610	guilty of any of the grounds set forth in subsection (1) or a
611	violation of this chapter which occurred before obtaining a
612	license, the board it may enter an order imposing one or more of
613	the following penalties:
614	(a)  Denial of an application for licensure, or approval of
615	an application for licensure with restrictions.
616	(b)  Revocation or suspension of a license.
617	(c)  Imposition of an administrative fine not to exceed
618	$1,000 for each count or separate offense.
619	(d)  Issuance of a reprimand.
620	(e)  Placement of the surveyor or mapper on probation for a
621	period of time and subject to such conditions as the board may
622	specify. Those conditions may include, but are not limited to,
623	requiring the licensee to undergo treatment, attend continuing
624	education courses, submit to be reexamined, work under the
625	supervision of another licensee, or satisfy any terms which are
626	reasonably tailored to the violations found.
627	(f)  Restriction of the authorized scope of practice by the
628	surveyor or mapper.
629	(g)  Corrective action.
630	(3)  The department shall reissue the license of a
631	disciplined surveyor or mapper upon certification by the board
632	that he or she has complied with all of the terms and conditions
633	set forth in the final order.
634	(4)(a)  In addition to any other discipline imposed
635	pursuant to this section, the board may assess costs and
636	attorney attorneys fees related to the investigation and
637	prosecution of the case.
638	(b)  In any case where the board or the department imposes
639	a fine or assessment and the fine or assessment is not paid
640	within a reasonable time, which may such reasonable time to be
641	prescribed in the rules of the board or in the order assessing
642	such fines or costs, the department or the Department of Legal
643	Affairs may contract for the collection of, or bring a civil
644	action to recover, the fine or assessment.
645	(c)  The department may not issue to or renew the license
646	of any person or business entity against which the board has
647	assessed a fine, interest, costs, or attorney fees associated
648	with an investigation and prosecution until the person or
649	business entity has paid the full amount due or complies with or
650	satisfies all terms and conditions of the final order.
651	(5)  In addition to, or in lieu of, any other remedy or
652	criminal prosecution, the department may file a proceeding in
653	the name of the state seeking issuance of an injunction or a
654	writ of mandamus against any person who violates any of the
655	provisions of this chapter, or any provision of law with respect
656	to professions regulated by the department, or any board
657	therein, or the rules adopted pursuant thereto.
658	(5)(6)  If the board determines that revocation of a
659	license is the appropriate penalty, the revocation shall be
660	permanent. However, the board may establish, by rule,
661	requirements for reapplication by applicants whose licenses have
662	been permanently revoked. Such requirements may include, but are
663	shall not be limited to, satisfying current requirements for an
664	initial license.
665	Section 17.  Section 472.0357, Florida Statutes, is created
666	to read:
667	472.0357  Penalty for giving false information.-In addition
668	to, or in lieu of, any other disciplinary action imposed
669	pursuant to s. 472.0351, a person who knowingly gives false
670	information in the course of applying for or obtaining a license
671	from the department or the board, or who attempts to obtain or
672	obtains a license from the department or the board by knowingly
673	providing misleading statements or misrepresentations commits a
674	felony of the third degree, punishable as provided in s.
675	775.082, s. 775.083, or s. 775.084.
676	Section 18.  Subsection (5) of section 493.6105, Florida
677	Statutes, is amended to read:
678	493.6105  Initial application for license.-
679	(5)  In addition to the requirements outlined in subsection
680	(3), an applicant for a Class "G" license must satisfy minimum
681	training criteria for firearms established by rule of the
682	department, which training criteria includes, but is not limited
683	to, 28 hours of range and classroom training taught and
684	administered by a Class "K" licensee; however, no more than 8
685	hours of such training shall consist of range training. The
686	department may waive the foregoing firearms training requirement
687	if:
688	(a)  The applicant provides proof that he or she is
689	currently certified as a law enforcement officer or correctional
690	officer pursuant to the requirements of the Criminal Justice
691	Standards and Training Commission or has successfully completed
692	the training required for certification within the last 12
693	months.
694	(b)  The applicant provides proof that he or she is
695	currently certified as a federal law enforcement officer and has
696	received law enforcement firearms training administered by a
697	federal law enforcement agency.
698	(c)  The applicant submits a valid firearm certificate
699	among those specified in paragraph (6)(a). If the applicant
700	submits proof that he or she is an active law enforcement
701	officer currently certified under the Criminal Justice Standards
702	and Training Commission or has completed the training required
703	for that certification within the last 12 months, or if the
704	applicant submits one of the certificates specified in paragraph
705	(6)(a), the department may waive the foregoing firearms training
706	requirement.
707	Section 19.  Paragraph (b) of subsection (3) of section
708	493.6113, Florida Statutes, is amended to read:
709	493.6113  Renewal application for licensure.-
710	(3)  Each licensee is responsible for renewing his or her
711	license on or before its expiration by filing with the
712	department an application for renewal accompanied by payment of
713	the prescribed license fee.
714	(b)  Each Class "G" licensee shall additionally submit
715	proof that he or she has received during each year of the
716	license period a minimum of 4 hours of firearms recertification
717	training taught by a Class "K" licensee and has complied with
718	such other health and training requirements which the department
719	may adopt by rule. If proof of a minimum of 4 hours of annual
720	firearms recertification training cannot be provided, the
721	renewal applicant shall complete the minimum number of hours of
722	range and classroom training required at the time of initial
723	licensure. The department may waive the foregoing firearms
724	training requirement if:
725	1.  The applicant provides proof that he or she is
726	currently certified as a law enforcement officer or correctional
727	officer under the Criminal Justice Standards and Training
728	Commission and has completed law enforcement firearms
729	requalification training annually during the preceding 2 years
730	of the licensure period.
731	2.  The applicant provides proof that he or she is
732	currently certified as a federal law enforcement officer and has
733	received law enforcement firearms training administered by a
734	federal law enforcement agency annually during the preceding 2
735	years of the licensure period.
736	3.  The applicant submits a valid firearm certificate among
737	those specified in s. 493.6105(6)(a) and provides proof of
738	having completed requalification training during the preceding 2
739	years of the licensure period.
740	Section 20.  Subsection (6) of section 493.6118, Florida
741	Statutes, is amended to read:
742	493.6118  Grounds for disciplinary action.-
743	(6)  The agency or Class "DS" or "RS" license and the
744	approval or license of each officer, partner, or owner of the
745	agency, school, or training facility are automatically suspended
746	upon entry of a final order imposing an administrative fine
747	against the agency, school, or training facility, until the fine
748	is paid, if 30 calendar days have elapsed since the entry of the
749	final order. All owners and corporate or agency officers or
750	partners are jointly and severally liable for agency fines
751	levied against the agency, school, or training facility. Neither
752	The agency or Class "DS" or "RS" license or the approval or
753	license of any officer, partner, or owner of the agency, school,
754	or training facility may not be renewed, and nor may an
755	application may not be approved, if the owner, licensee, or
756	applicant is liable for an outstanding administrative fine
757	imposed under this chapter. An individual's approval or license
758	becomes automatically suspended if a fine imposed against the
759	individual or his or her agency is not paid within 30 days after
760	the date of the final order, and remains suspended until the
761	fine is paid. Notwithstanding the provisions of this subsection,
762	an individual's approval or license may not be suspended and nor
763	may an application may not be denied if when the licensee or the
764	applicant has an appeal from a final order pending in any
765	appellate court.
766	Section 21.  Subsection (4) of section 493.6120, Florida
767	Statutes, is amended to read:
768	493.6120  Violations; penalty.-
769	(4)  A Any person who was an owner, officer, partner, or
770	manager of a licensed agency or a Class "DS" or "RS" school or
771	training facility at the time of any activity that is the basis
772	for revocation of the agency or branch office license or the
773	school or training facility license and who knew or should have
774	known of the activity, shall have his or her personal licenses
775	or approval suspended for 3 years and may not have any financial
776	interest in or be employed in any capacity by a licensed agency
777	or a school or training facility during the period of
778	suspension.
779	Section 22.  Subsection (7) of section 496.404, Florida
780	Statutes, is amended to read:
781	496.404  Definitions.-As used in ss. 496.401-496.424:
782	(7)  "Division" means the Division of Consumer Protection
783	Services of the Department of Agriculture and Consumer Services.
784	Section 23.  Subsection (3) of section 496.411, Florida
785	Statutes, is amended to read:
786	496.411  Disclosure requirements and duties of charitable
787	organizations and sponsors.-
788	(3)  Every charitable organization or sponsor that which is
789	required to register under s. 496.405 must conspicuously display
790	in capital letters the following statement on every printed
791	solicitation, written confirmation, receipt, or reminder of a
792	contribution:
793
794	"A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
795	INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
796	CONSUMER PROTECTION SERVICES BY CALLING TOLL-FREE
797	WITHIN THE STATE. REGISTRATION DOES NOT IMPLY
798	ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE
799	STATE."
800
801	The statement must include a toll-free number for the division
802	which that can be used to obtain the registration information.
803	When the solicitation consists of more than one piece, the
804	statement must be displayed prominently in the solicitation
805	materials.
806	Section 24.  Paragraph (c) of subsection (1) of section
807	496.412, Florida Statutes, is amended to read:
808	496.412  Disclosure requirements and duties of professional
809	solicitors.-
810	(1)  A professional solicitor must comply with and be
811	responsible for complying or causing compliance with the
812	following disclosures:
813	(c)  In addition to the information required by paragraph
814	(a), any written confirmation, receipt, or reminder of
815	contribution made pursuant to an oral solicitation and any
816	written solicitation shall conspicuously state in capital
817	letters:
818
819	"A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL
820	INFORMATION MAY BE OBTAINED FROM THE DIVISION OF
821	CONSUMER PROTECTION SERVICES BY CALLING TOLL-FREE
822	WITHIN THE STATE. REGISTRATION DOES NOT IMPLY
823	ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE
824	STATE."
825
826	The statement must include a toll-free number for the division
827	which that can be used to obtain the registration information.
828	When the solicitation consists of more than one piece, the
829	statement must be displayed prominently in the solicitation
830	materials.
831	Section 25.  Subsection (7) of section 501.015, Florida
832	Statutes, is amended to read:
833	501.015  Health studios; registration requirements and
834	fees.-Each health studio shall:
835	(7)  A Any person applying for or renewing a local business
836	tax receipt occupational license to engage in business as a
837	health studio must exhibit an active registration certificate
838	from the Department of Agriculture and Consumer Services before
839	the local business tax receipt occupational license may be
840	issued or reissued.
841	Section 26.  Subsection (1) of section 501.017, Florida
842	Statutes, is amended to read:
843	501.017  Health studios; contracts.-
844	(1)  Each Every contract for the sale of future health
845	studio services which is paid for in advance or which the buyer
846	agrees to pay for in future installment payments shall be in
847	writing and shall contain, contractual provisions to the
848	contrary notwithstanding, in immediate proximity to the space
849	reserved in the contract for the signature of the buyer, and in
850	at least 10-point boldfaced type, language substantially
851	equivalent to the following:
852	(a)  A provision for the penalty-free cancellation of the
853	contract within 3 days, exclusive of holidays and weekends, of
854	its making, upon the mailing or delivery of written notice to
855	the health studio, and refund upon such notice of all moneys
856	paid under the contract, except that the health studio may
857	retain an amount computed by dividing the number of complete
858	days in the contract term or, if appropriate, the number of
859	occasions health studio services are to be rendered into the
860	total contract price and multiplying the result by the number of
861	complete days that have passed since the making of the contract
862	or, if appropriate, by the number of occasions that health
863	studio services have been rendered. A refund shall be issued
864	within 30 days after receipt of the notice of cancellation made
865	within the 3-day provision.
866	(b)1.  A provision for the cancellation and refund of the
867	contract if the contracting business location of the health
868	studio goes out of business, or moves its facilities more than 5
869	driving miles from the business location designated in the such
870	contract and fails to provide, within 30 days, a facility of
871	equal quality located within 5 driving miles of the business
872	location designated in the such contract at no additional cost
873	to the buyer.
874	2.  A provision that notice of intent to cancel by the
875	buyer shall be given in writing to the health studio. The Such a
876	notice of cancellation from the consumer terminates shall also
877	terminate automatically the consumer's obligation to any entity
878	to whom the health studio has subrogated or assigned the
879	consumer's contract. If the health studio wishes to enforce the
880	such contract after receipt of the notice such showing, it may
881	request the department to determine the sufficiency of the
882	notice showing.
883	3.  A provision that if the department determines that a
884	refund is due the buyer, the refund shall be an amount computed
885	by dividing the contract price by the number of weeks in the
886	contract term and multiplying the result by the number of weeks
887	remaining in the contract term. The business location of a
888	health studio may shall not be deemed out of business when
889	temporarily closed for repair and renovation of the premises:
890	a.  Upon sale, for not more than 14 consecutive days; or
891	b.  During ownership, for not more than 7 consecutive days
892	and not more than two periods of 7 consecutive days in any
893	calendar year.
894
895	A refund shall be issued within 30 days after receipt of the
896	notice of cancellation made pursuant to this paragraph.
897	(c)  A provision in the disclosure statement advising the
898	buyer to contact the department for information within 60 days
899	should the health studio go out of business.
900	(d)  A provision for the cancellation of the contract if
901	the buyer dies or becomes physically unable to avail himself or
902	herself of a substantial portion of those services which he or
903	she used from the commencement of the contract until the time of
904	disability, with refund of funds paid or accepted in payment of
905	the contract in an amount computed by dividing the contract
906	price by the number of weeks in the contract term and
907	multiplying the result by the number of weeks remaining in the
908	contract term. The contract may require a buyer or the buyer's
909	estate seeking relief under this paragraph to provide proof of
910	disability or death. A physical disability sufficient to warrant
911	cancellation of the contract by the buyer is shall be
912	established if the buyer furnishes to the health studio a
913	certification of such disability by a physician licensed under
914	chapter 458, chapter 459, chapter 460, or chapter 461 to the
915	extent the diagnosis or treatment of the disability is within
916	the physician's scope of practice. A refund shall be issued
917	within 30 days after receipt of the notice of cancellation made
918	pursuant to this paragraph.
919	(e)  A provision that the initial contract will not be for
920	a period in excess of 36 months, and thereafter shall only be
921	renewable annually. A Such renewal contract contracts may not be
922	executed and the fee therefor paid until 60 days or less before
923	the preceding contract expires.
924	(f)  A provision that if the health studio requires a buyer
925	to furnish identification upon entry to the facility and as a
926	condition of using the services of the health studio, the health
927	studio shall provide the buyer with the means of such
928	identification.
929	Section 27.  Paragraphs (a) and (l) of subsection (2) of
930	section 501.605, Florida Statutes, are amended to read:
931	501.605  Licensure of commercial telephone sellers.-
932	(2)  An applicant for a license as a commercial telephone
933	seller must submit to the department, in such form as it
934	prescribes, a written application for the license. The
935	application must set forth the following information:
936	(a)  The true name, date of birth, driver driver's license
937	number or other valid form of identification, social security
938	number, and home address of the applicant, including each name
939	under which he or she intends to do business.
940	(l)  The true name, current home address, date of birth,
941	social security number, and all other names by which known, or
942	previously known, of each:
943	1.  Principal officer, director, trustee, shareholder,
944	owner, or partner of the applicant, and of each other person
945	responsible for the management of the business of the applicant.
946	2.  Office manager or other person principally responsible
947	for a location from which the applicant will do business.
948	3.  Salesperson or other person to be employed by the
949	applicant.
950
951	The application shall be accompanied by a copy of any: Script,
952	outline, or presentation the applicant will require or suggest a
953	salesperson to use when soliciting, or, if no such document is
954	used, a statement to that effect; sales information or
955	literature to be provided by the applicant to a salesperson; and
956	sales information or literature to be provided by the applicant
957	to a purchaser in connection with any solicitation.
958	Section 28.  Paragraph (a) of subsection (1) of section
959	501.607, Florida Statutes, is amended to read:
960	501.607  Licensure of salespersons.-
961	(1)  An applicant for a license as a salesperson must
962	submit to the department, in such form as it prescribes, a
963	written application for a license. The application must set
964	forth the following information:
965	(a)  The true name, date of birth, driver driver's license
966	number or other valid form of identification, social security
967	number, and home address of the applicant.
968	Section 29.  Section 501.911, Florida Statutes, is amended
969	to read:
970	501.911  Administration of act.-Sections 501.91-501.923
971	shall be administered by the Division of Consumer Protection
972	Standards of the Department of Agriculture and Consumer
973	Services.
974	Section 30.  Subsections (1) and (2) of section 501.913,
975	Florida Statutes, are amended to read:
976	501.913  Registration.-
977	(1)  Each brand of antifreeze to be distributed in this
978	state shall be registered with the department before prior to
979	distribution. The person whose name appears on the label, the
980	manufacturer, or the packager shall make application to the
981	department on forms provided by the department no later than
982	July 1 of each year. The registrant assumes, by application to
983	register the brand, full responsibility for the registration,
984	quality, and quantity of the product sold, offered, or exposed
985	for sale in this state. If a registered brand is not in
986	production for distribution in this state and to ensure any
987	remaining product that is still available for sale in the state
988	is properly registered, the registrant must submit a notarized
989	affidavit on company letterhead to the department certifying
990	that:
991	(a)  The stated brand is no longer in production;
992	(b)  The stated brand will not be distributed in this
993	state; and
994	(c)  All existing product of the stated brand will be
995	removed by the registrant from the state within 30 days after
996	expiration of the registration or the registrant will reregister
997	the brand for two subsequent registration periods.
998
999	If production resumes, the brand must be reregistered before it
1000	is distributed in this state.
1001	(2)  The completed application shall be accompanied by:
1002	(a)  Specimens or facsimiles of the label for each brand of
1003	antifreeze;
1004	(b)  An application fee of $200 for each brand; and
1005	(c)  A properly labeled sample of between 1 and 2 gallons
1006	for each brand of antifreeze.
1007	Section 31.  Subsection (3) of section 507.04, Florida
1008	Statutes, is amended to read:
1009	507.04  Required insurance coverages; liability
1010	limitations; valuation coverage.-
1011	(3)  INSURANCE COVERAGES.-The insurance coverages required
1012	under paragraph (1)(a) and subsection (2) must be issued by an
1013	insurance company or carrier licensed to transact business in
1014	this state under the Florida Insurance Code as designated in s.
1015	624.01. The department shall require a mover to present a
1016	certificate of insurance of the required coverages before
1017	issuance or renewal of a registration certificate under s.
1018	507.03. The department shall be named as a certificateholder in
1019	the certificate and must be notified at least 10 30 days before
1020	cancellation of any changes in insurance coverage.
1021	Section 32.  Subsection (7) of section 525.07, Florida
1022	Statutes, is amended, and subsection (10) is added to that
1023	section, to read:
1024	525.07  Powers and duties of department; inspections;
1025	unlawful acts.-
1026	(7)  It is unlawful for any person to break, cut, or remove
1027	any seal applied by the department to a petroleum fuel measuring
1028	device or container. If When it becomes necessary to repair and
1029	adjust a petroleum fuel measuring device during the absence of
1030	an inspector of the department, the seal on the meter adjustment
1031	may be broken by a person who is registered with the department
1032	as a meter mechanic. After repairs and adjustments have been
1033	made, the adjusting mechanism must immediately be resealed by
1034	the registered meter mechanic with a seal clasp bearing at least
1035	the name of the company or the name or initials of the
1036	registered mechanic. The registered mechanic shall immediately
1037	notify the department of this action.
1038	(10)  It is unlawful for any person to remove, use, sell,
1039	offer for sale, distribute, offer for distribution, or dispose
1040	of in any way petroleum fuel that has been placed under a stop-
1041	sale order without first receiving permission in writing from
1042	the department.
1043	Section 33.  Subsection (5) of section 526.143, Florida
1044	Statutes, is amended to read:
1045	526.143  Alternate generated power capacity for motor fuel
1046	dispensing facilities.-
1047	(5)(a)  Each corporation or other entity that owns 10 or
1048	more motor fuel retail outlets located within a single county
1049	shall maintain at least one portable generator that is capable
1050	of providing an alternate generated power source as required
1051	under subsection (2) for every 10 outlets. If an entity owns
1052	more than 10 outlets or a multiple of 10 outlets plus an
1053	additional 6 outlets, the entity must provide one additional
1054	generator to accommodate such additional outlets. Each portable
1055	generator must be stored within this state, or may be stored in
1056	another state if located within 250 miles of this state, and
1057	must be available for use in an affected location within 24
1058	hours after a disaster.
1059	(b)  Each corporation or other entity that owns 10 or more
1060	motor fuel retail outlets located within a single domestic
1061	security region, as determined pursuant to s. 943.0312(1), and
1062	that does not own additional outlets located outside the
1063	domestic security region shall maintain a written document of
1064	agreement with one or more similarly equipped entities for the
1065	use of portable generators that may be used to meet the
1066	requirements of paragraph (a) and that are located within this
1067	state but outside the affected domestic security region. The
1068	agreement may be reciprocal, may allow for payment for services
1069	rendered by the providing entity, and must guarantee the
1070	availability of the portable generators to an affected location
1071	within 24 hours after a disaster.
1072	(c)  Upon written request, the department may temporarily
1073	waive the requirements in paragraphs (a) and (b) if the
1074	generators are used in preparation for or response to an
1075	emergency or major disaster in another state. The waiver shall
1076	be in writing and include a beginning and ending date. The
1077	waiver may provide additional conditions as deemed necessary by
1078	the department. The waiver may be modified or terminated by the
1079	department if the Governor of this state declares an emergency.
1080	(d)(c)  For purposes of this section, ownership of a motor
1081	fuel retail outlet is shall be the owner of record of the fuel
1082	storage systems operating at the location, as identified in the
1083	Department of Environmental Protection underground storage
1084	facilities registry pursuant to s. 376.303(1).
1085	Section 34.  Subsections (8) and (9) are added to section
1086	526.50, Florida Statutes, to read:
1087	526.50  Definition of terms.-As used in this part:
1088	(8)  "Brand" means the product name appearing on the label
1089	of a container of brake fluid.
1090	(9)  "Formula" means the name of the chemical mixture or
1091	composition of the brake fluid product.
1092	Section 35.  Subsections (1) and (3) of section 526.51,
1093	Florida Statutes, are amended to read:
1094	526.51  Registration; renewal and fees; departmental
1095	expenses; cancellation or refusal to issue or renew.-
1096	(1)(a)  Application for registration of each brand of brake
1097	fluid shall be made on forms to be supplied by the department.
1098	The applicant shall give his or her name and address and the
1099	brand name of the brake fluid, state that he or she owns the
1100	brand name and has complete control over the product sold
1101	thereunder in this state Florida, and provide the name and
1102	address of the resident agent in this state Florida. If the
1103	applicant does not own the brand name but wishes to register the
1104	product with the department, a notarized affidavit that gives
1105	the applicant full authorization to register the brand name and
1106	that is signed by the owner of the brand name must accompany the
1107	application for registration. The affidavit must include all
1108	affected brand names, the owner's company or corporate name and
1109	address, the applicant's company or corporate name and address,
1110	and a statement from the owner authorizing the applicant to
1111	register the product with the department. The owner of the brand
1112	name shall maintain complete control over each product sold
1113	under that brand name in this state. All first-time new product
1114	applications for a brand and formula combination must be
1115	accompanied by a certified report from an independent testing
1116	laboratory, setting forth the analysis of the brake fluid which
1117	shows shall show its quality to be not less than the
1118	specifications established by the department for brake fluids. A
1119	sample of not less than 24 fluid ounces of brake fluid shall be
1120	submitted, in a container or containers, with labels
1121	representing exactly how the containers of brake fluid will be
1122	labeled when sold, and the sample and container shall be
1123	analyzed and inspected by the Division of Consumer Protection
1124	Standards in order that compliance with the department's
1125	specifications and labeling requirements may be verified. Upon
1126	approval of the application, the department shall register the
1127	brand name of the brake fluid and issue to the applicant a
1128	permit authorizing the registrant to sell the brake fluid in
1129	this state during the permit year specified in the permit.
1130	(b)  Each applicant shall pay a fee of $100 with each
1131	application. A permit may be renewed by application to the
1132	department, accompanied by a renewal fee of $50 on or before the
1133	last day of the permit year immediately preceding the permit
1134	year for which application is made for renewal of registration.
1135	To reregister a previously registered brand and formula
1136	combination, an applicant must submit a completed application
1137	and all materials as required in this section to the department
1138	before the first day of the permit year. A brand and formula
1139	combination for which a completed application and all materials
1140	required in this section are not received before the first day
1141	of the permit year may not be registered with the department
1142	until a completed application and all materials required in this
1143	section have been received and approved. If the brand and
1144	formula combination was previously registered with the
1145	department and a fee, application, or materials required in this
1146	section are received after the first day of the permit year, To
1147	any fee not paid when due, there shall accrue a penalty of $25
1148	accrues, which shall be added to the renewal fee. Renewals shall
1149	will be accepted only on brake fluids that have no change in
1150	formula, composition, or brand name. Any change in formula,
1151	composition, or brand name of any brake fluid constitutes a new
1152	product that must be registered in accordance with this part.
1153	(c)  In order to ensure that any remaining product still
1154	available for sale in this state is properly registered, if a
1155	registered brand and formula combination is no longer in
1156	production for distribution in this state, the registrant must
1157	submit a notarized affidavit on company letterhead to the
1158	department certifying that:
1159	1.  The stated brand and formula combination is no longer
1160	in production;
1161	2.  The stated brand and formula combination will not be
1162	distributed in this state; and
1163	3.  All existing product of the stated brand and formula
1164	combination will be removed by the registrant from the state
1165	within 30 days after the expiration of the registration or that
1166	the registrant will reregister the brand and formula combination
1167	for two subsequent registration periods.
1168
1169	If production resumes, the brand and formula combination must be
1170	reregistered before it is again distributed in this state.
1171	(3)  The department may cancel or, refuse to issue or
1172	refuse to renew any registration and permit after due notice and
1173	opportunity to be heard if it finds that the brake fluid is
1174	adulterated or misbranded or that the registrant has failed to
1175	comply with the provisions of this part or the rules adopted
1176	pursuant to this section and regulations promulgated thereunder.
1177	Section 36.  Paragraph (a) of subsection (3) of section
1178	526.52, Florida Statutes, is amended to read:
1179	526.52  Specifications; adulteration and misbranding.-
1180	(3)  Brake fluid is deemed to be misbranded:
1181	(a)  If its container does not bear on its side or top a
1182	label on which is printed the name and place of business of the
1183	registrant of the product, the words "brake fluid," and a
1184	statement that the product therein equals or exceeds the minimum
1185	specification of the Society of Automotive Engineers for brake
1186	fluid, heavy-duty-type, the United States Department of
1187	Transportation Motor Vehicle Safety Standard No. 116, or other
1188	specified standard identified in department rule. By regulation
1189	The department may require by rule that the duty-type
1190	classification appear on the label.
1191	Section 37.  Subsections (1) and (2) of section 526.53,
1192	Florida Statutes, are amended to read:
1193	526.53  Enforcement; inspection and analysis, stop-sale and
1194	disposition, regulations.-
1195	(1)  The department shall enforce the provisions of this
1196	part through the Division of Consumer Protection Standards, and
1197	may sample, inspect, analyze, and test any brake fluid
1198	manufactured, packed, or sold within this state. The department
1199	shall have free access during business hours to all premises,
1200	buildings, vehicles, cars, or vessels used in the manufacture,
1201	packing, storage, sale, or transportation of brake fluid, and
1202	may open any box, carton, parcel, or container of brake fluid
1203	and take samples for inspection and analysis or for evidence.
1204	(2)(a)  If When any brake fluid is sold in violation of any
1205	of the provisions of this part, all such brake fluid of the same
1206	brand name on the same premises on which the violation occurred
1207	shall be placed under a stop-sale order by the department by
1208	serving the owner of the brand name, the distributor, or other
1209	entity responsible for selling or distributing the product in
1210	this state with the stop-sale order. The department shall
1211	withdraw its stop-sale order upon the removal of the violation
1212	or upon voluntary destruction of the product, or other disposal
1213	approved by the department, under the supervision of the
1214	department.
1215	(b)  In addition to being subject to the stop-sale
1216	procedures above, unregistered brake fluid shall be held by the
1217	department or its representative, at a place to be designated in
1218	the stop-sale order, until properly registered and released in
1219	writing by the department or its representative. If application
1220	has not been made for registration of such product within 30
1221	days after issue of the stop-sale order, the department or, with
1222	the consent of the department, the representative may give the
1223	product that meets legal specifications such product shall be
1224	disposed of by the department to any tax-supported institution
1225	or agency of the state. If application has not been made for
1226	registration of the product within 30 days after issuance of the
1227	stop-order sale and the product fails to meet legal
1228	specifications, the product may be disposed of as if the brake
1229	fluid meets legal specifications or by other disposal authorized
1230	by rule of the department if it fails to meet legal
1231	specifications.
1232	Section 38.  Section 526.55, Florida Statutes, is amended
1233	to read:
1234	526.55  Violation and penalties.-
1235	(1)  It is unlawful:
1236	(a)(1)  To sell any brake fluid that is adulterated or
1237	misbranded, not registered or on which a permit has not been
1238	issued.
1239	(b)(2)  For anyone to remove any stop-sale order placed on
1240	a product by the department, or any product upon which a stop-
1241	sale order has been placed.
1242	(2)  If the department finds that a person has violated or
1243	is operating in violation of ss. 526.50-526.56 or the rules or
1244	orders adopted thereunder, the department may, by order:
1245	(a)  Issue a notice of noncompliance pursuant to s.
1246	120.695;
1247	(b)  Impose an administrative fine not to exceed $5,000 for
1248	each violation;
1249	(c)  Direct that the person cease and desist specified
1250	activities;
1251	(d)  Revoke or suspend a registration, or refuse to
1252	register a product; or
1253	(e)  Place the registrant on probation for a period of
1254	time, subject to conditions as the department may specify.
1255	(3)  The administrative proceedings seeking entry of an
1256	order imposing any of the penalties specified in subsection (2)
1257	are governed by chapter 120.
1258	(4)  If a registrant is found to be in violation of ss.
1259	526.50-526.56 and fails to pay a fine within 30 days after
1260	imposition of the fine, the department may suspend all
1261	registrations issued to the registrant by the department until
1262	the fine is paid.
1263	(5)  All fines collected by the department under this
1264	section shall be deposited into the General Inspection Trust
1265	Fund.
1266	(3)  Any person who violates any of the provisions of this
1267	part or any rule or regulation promulgated thereunder shall, for
1268	the first offense, be guilty of a misdemeanor of the second
1269	degree, punishable as provided in s. 775.082 or s. 775.083, and,
1270	for a second or subsequent offense, shall be guilty of a
1271	misdemeanor of the first degree, punishable as provided in s.
1272	775.082 or s. 775.083.
1273	Section 39.  Paragraph (b) of subsection (3) of section
1274	539.001, Florida Statutes, is amended to read:
1275	539.001  The Florida Pawnbroking Act.-
1276	(3)  LICENSE REQUIRED.-
1277	(b)  A licensee who seeks to move a pawnshop to another
1278	location must give written notice 30 days' prior written notice
1279	to the agency at least 30 days before the move by certified or
1280	registered mail, return receipt requested, and the agency must
1281	then amend the license to indicate the new location. The
1282	licensee must also give such written notice to the appropriate
1283	law enforcement official.
1284	Section 40.  Subsection (1) of section 559.805, Florida
1285	Statutes, is amended to read:
1286	559.805  Filings with the department; disclosure of
1287	advertisement identification number.-
1288	(1)  Every seller of a business opportunity shall annually
1289	file with the department a copy of the disclosure statement
1290	required by s. 559.803 before prior to placing an advertisement
1291	or making any other representation designed to offer to, sell
1292	to, or solicit an offer to buy a business opportunity from a
1293	prospective purchaser in this state and shall update this filing
1294	by reporting any material change in the required information
1295	within 30 days after the material change occurs. An
1296	advertisement is not placed in the state merely because the
1297	publisher circulates, or there is circulated on his or her
1298	behalf in the state, any bona fide newspaper or other
1299	publication of general, regular, and paid circulation which has
1300	had more than two-thirds of its circulation during the past 12
1301	months outside the state or because a radio or television
1302	program originating outside the state is received in the state.
1303	If the seller is required by s. 559.807 to provide a bond or
1304	establish a trust account or guaranteed letter of credit, he or
1305	she shall contemporaneously file with the department a copy of
1306	the bond, a copy of the formal notification by the depository
1307	that the trust account is established, or a copy of the
1308	guaranteed letter of credit. Every seller of a business
1309	opportunity shall file with the department a list of independent
1310	agents who will engage in the offer or sale of business
1311	opportunities on behalf of the seller in this state. This list
1312	must be kept current and shall include the following
1313	information: name, home and business address, telephone number,
1314	present employer, social security number, and birth date. A No
1315	person may not shall be allowed to offer or sell business
1316	opportunities unless the required information has been provided
1317	to the department.
1318	Section 41.  Subsection (7) of section 559.904, Florida
1319	Statutes, is amended to read:
1320	559.904  Motor vehicle repair shop registration;
1321	application; exemption.-
1322	(7)  Any person applying for or renewing a local business
1323	tax receipt occupational license on or after October 1, 1993, to
1324	engage in business as a motor vehicle repair shop must exhibit
1325	an active registration certificate from the department before
1326	the local business tax receipt occupational license may be
1327	issued or renewed.
1328	Section 42.  Subsections (1), (3), and (4) of section
1329	559.928, Florida Statutes, are amended to read:
1330	559.928  Registration.-
1331	(1)  Each seller of travel shall annually register with the
1332	department, providing: its legal business or trade name, mailing
1333	address, and business locations; the full names, addresses, and
1334	telephone numbers of its owners or corporate officers and
1335	directors and the Florida agent of the corporation; a statement
1336	whether it is a domestic or foreign corporation, its state and
1337	date of incorporation, its charter number, and, if a foreign
1338	corporation, the date it registered with this state the State of
1339	Florida, and business tax receipt occupational license where
1340	applicable; the date on which a seller of travel registered its
1341	fictitious name if the seller of travel is operating under a
1342	fictitious or trade name; the name of all other corporations,
1343	business entities, and trade names through which each owner of
1344	the seller of travel operated, was known, or did business as a
1345	seller of travel within the preceding 5 years; a list of all
1346	authorized independent agents, including the agent's trade name,
1347	full name, mailing address, business address, and telephone
1348	numbers; the business location and address of each branch office
1349	and full name and address of the manager or supervisor; the
1350	certification required under s. 559.9285; and proof of purchase
1351	of adequate bond as required in this part. A certificate
1352	evidencing proof of registration shall be issued by the
1353	department and must be prominently displayed in the seller of
1354	travel's primary place of business.
1355	(3)  Each independent agent shall annually file an
1356	affidavit with the department prior to engaging in business in
1357	this state. This affidavit must include the independent agent's
1358	full name, legal business or trade name, mailing address,
1359	business address, telephone number, social security number, and
1360	the name or names and address addresses of each seller of travel
1361	represented by the independent agent. A letter evidencing proof
1362	of filing must be issued by the department and must be
1363	prominently displayed in the independent agent's primary place
1364	of business. Each independent agent must also submit an annual
1365	registration fee of $50. All moneys collected pursuant to the
1366	imposition of the fee shall be deposited by the Chief Financial
1367	Officer into the General Inspection Trust Fund of the Department
1368	of Agriculture and Consumer Services for the sole purpose of
1369	administrating this part. As used in this subsection, the term
1370	"independent agent" means a person who represents a seller of
1371	travel by soliciting persons on its behalf; who has a written
1372	contract with a seller of travel which is operating in
1373	compliance with this part and any rules adopted thereunder; who
1374	does not receive a fee, commission, or other valuable
1375	consideration directly from the purchaser for the seller of
1376	travel; who does not at any time have any unissued ticket stock
1377	or travel documents in his or her possession; and who does not
1378	have the ability to issue tickets, vacation certificates, or any
1379	other travel document. The term "independent agent" does not
1380	include an affiliate of the seller of travel, as that term is
1381	used in s. 559.935(3), or the employees of the seller of travel
1382	or of such affiliates.
1383	(4)  Any person applying for or renewing a local business
1384	tax receipt occupational license to engage in business as a
1385	seller of travel must exhibit a current registration certificate
1386	from the department before the local business tax receipt
1387	occupational license may be issued or reissued.
1388	Section 43.  Paragraph (c) of subsection (3) of section
1389	559.9285, Florida Statutes, is amended to read:
1390	559.9285  Certification of business activities.-
1391	(3)  The department shall specify by rule the form of each
1392	certification under this section which shall include the
1393	following information:
1394	(c)  The legal name, any trade names or fictitious names,
1395	mailing address, physical address, telephone number or numbers,
1396	facsimile number or numbers, and all Internet and electronic
1397	contact information of every other commercial entity with which
1398	the certifying party engages in business or commerce that is
1399	related in any way to the certifying party's business or
1400	commerce with any terrorist state. The information disclosed
1401	pursuant to this paragraph does not constitute customer lists,
1402	customer names, or trade secrets protected under s. 570.544(8)
1403	570.544(7).
1404	Section 44.  Subsection (6) of section 559.935, Florida
1405	Statutes, is amended to read:
1406	559.935  Exemptions.-
1407	(6)  The department shall request from the Airlines
1408	Reporting Corporation any information necessary to implement the
1409	provisions of subsection (2). Persons claiming an exemption
1410	under subsection (2) or subsection (3) must show a letter of
1411	exemption from the department before a local business tax
1412	receipt occupational license to engage in business as a seller
1413	of travel may be issued or reissued. If the department fails to
1414	issue a letter of exemption on a timely basis, the seller of
1415	travel shall submit to the department, through certified mail,
1416	an affidavit containing her or his name and address and an
1417	explanation of the exemption sought. Such affidavit may be used
1418	in lieu of a letter of exemption for the purpose of obtaining an
1419	business tax receipt occupational license. In any civil or
1420	criminal proceeding, the burden of proving an exemption under
1421	this section is shall be on the person claiming such exemption.
1422	A letter of exemption issued by the department may shall not be
1423	used in, and has shall have no bearing on, such proceedings.
1424	Section 45.  Subsection (5) of section 570.29, Florida
1425	Statutes, is amended to read:
1426	570.29  Departmental divisions.-The department shall
1427	include the following divisions:
1428	(5)  Consumer Protection Services.
1429	Section 46.  Section 570.46, Florida Statutes, is repealed.
1430	Section 47.  Section 570.47, Florida Statutes, is repealed.
1431	Section 48.  Section 570.544, Florida Statutes, is amended
1432	to read:
1433	570.544  Division of Consumer Protection Services;
1434	director; powers; processing of complaints; records.-
1435	(1)  The director of the Division of Consumer Protection
1436	Services shall be appointed by and serve at the pleasure of the
1437	commissioner.
1438	(2)  The director shall supervise, direct, and coordinate
1439	the activities of the division and shall, under the direction of
1440	the department, enforce the provisions of chapters 472, 496,
1441	501, 507, 525, 526, 527, 531, 539, 559, 616, and 849.
1442	(3)(2)  The Division of Consumer Protection Services may:
1443	(a)  Conduct studies and make analyses of matters affecting
1444	the interests of consumers.
1445	(b)  Study the operation of laws for consumer protection.
1446	(c)  Advise and make recommendations to the various state
1447	agencies concerned with matters affecting consumers.
1448	(d)  Assist, advise, and cooperate with local, state, or
1449	federal agencies and officials in order to promote the interests
1450	of consumers.
1451	(e)  Make use of the testing and laboratory facilities of
1452	the department for the detection of consumer fraud.
1453	(f)  Report to the appropriate law enforcement officers any
1454	information concerning violation of consumer protection laws.
1455	(g)  Assist, develop, and conduct programs of consumer
1456	education and consumer information through publications and
1457	other informational and educational material prepared for
1458	dissemination to the public, in order to increase the competence
1459	of consumers.
1460	(h)  Organize and hold conferences on problems affecting
1461	consumers.
1462	(i)  Recommend programs to encourage business and industry
1463	to maintain high standards of honesty, fair business practices,
1464	and public responsibility in the production, promotion, and sale
1465	of consumer goods and services.
1466	(4)(3)  In addition to the powers, duties, and
1467	responsibilities authorized by this or any other chapter, the
1468	Division of Consumer Protection Services shall serve as a
1469	clearinghouse for matters relating to consumer protection,
1470	consumer information, and consumer services generally. It shall
1471	receive complaints and grievances from consumers and promptly
1472	transmit them to the that agency most directly concerned in
1473	order that the complaint or grievance may be expeditiously
1474	handled in the best interests of the complaining consumer. If no
1475	agency exists, the Division of Consumer Protection Services
1476	shall seek a settlement of the complaint using formal or
1477	informal methods of mediation and conciliation and may seek any
1478	other resolution of the matter in accordance with its
1479	jurisdiction.
1480	(5)(4)  If any complaint received by the Division of
1481	Consumer Protection Services concerns matters that which involve
1482	concurrent jurisdiction in more than one agency, duplicate
1483	copies of the complaint shall be referred to those offices
1484	deemed to have concurrent jurisdiction.
1485	(6)(5)(a)  Any agency, office, bureau, division, or board
1486	of state government receiving a complaint that which deals with
1487	consumer fraud or consumer protection and that which is not
1488	within the jurisdiction of the receiving agency, office, bureau,
1489	division, or board originally receiving it, shall immediately
1490	refer the complaint to the Division of Consumer Protection
1491	Services.
1492	(b)  Upon receipt of such a complaint, the Division of
1493	Consumer Protection Services shall make a determination of the
1494	proper jurisdiction to which the complaint relates and shall
1495	immediately refer the complaint to the agency, office, bureau,
1496	division, or board that which does have the proper regulatory or
1497	enforcement authority to deal with it.
1498	(7)(6)  The office or agency to which a complaint has been
1499	referred shall within 30 days acknowledge receipt of the
1500	complaint. If an office or agency receiving a complaint
1501	determines that the matter presents a prima facie case for
1502	criminal prosecution or if the complaint cannot be settled at
1503	the administrative level, the complaint together with all
1504	supporting evidence shall be transmitted to the Department of
1505	Legal Affairs or other appropriate enforcement agency with a
1506	recommendation for civil or criminal action warranted by the
1507	evidence.
1508	(8)(7)  The records of the Division of Consumer Protection
1509	Services are public records. However, customer lists, customer
1510	names, and trade secrets are confidential and exempt from the
1511	provisions of s. 119.07(1). Disclosure necessary to enforcement
1512	procedures does shall not violate be construed as violative of
1513	this prohibition.
1514	(9)(8)  It shall be the duty of The Division of Consumer
1515	Protection shall Services to maintain records and compile
1516	summaries and analyses of consumer complaints and their eventual
1517	disposition, which data may serve as a basis for recommendations
1518	to the Legislature and to state regulatory agencies.
1519	Section 49.  Paragraph (a) of subsection (8) of section
1520	616.242, Florida Statutes, is amended to read:
1521	616.242  Safety standards for amusement rides.-
1522	(8)  FEES.-
1523	(a)  The department shall by rule establish fees to cover
1524	the costs and expenditures associated with the fair rides
1525	inspection program Bureau of Fair Rides Inspection, including
1526	all direct and indirect costs. If there is not sufficient
1527	general revenue appropriated by the Legislature, the industry
1528	shall pay for the remaining cost of the program. The fees must
1529	be deposited in the General Inspection Trust Fund.
1530	Section 50.  Subsection (3) of section 849.0915, Florida
1531	Statutes, is amended to read:
1532	849.0915  Referral selling.-
1533	(3)  In addition to the penalty provided in this section
1534	herein, the Attorney General and her or his assistants, the
1535	state attorneys and their assistants, and the Division of
1536	Consumer Protection Services of the Department of Agriculture
1537	and Consumer Services may are authorized to apply to the circuit
1538	court within their respective jurisdictions, and the such court
1539	has shall have jurisdiction, upon hearing and for cause shown,
1540	to grant a temporary or permanent injunction restraining any
1541	person from violating the provisions of this section, whether or
1542	not there exists an adequate remedy at law, and such injunction
1543	shall issue without bond.
1544	Section 51.  This act shall take effect July 1, 2012.

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