Florida Senate - 2012                       CS for CS for SB 888
       
       
       
       By the Committees on Regulated Industries; and Commerce and
       Tourism; and Senator Flores
       
       
       
       580-03065-12                                           2012888c2
    1                        A bill to be entitled                      
    2         An act relating to consumer services; amending s.
    3         20.14, F.S.; deleting provisions establishing the
    4         Division of Standards within the Department of
    5         Agriculture and Consumer Services; repealing s.
    6         366.85, F.S., relating to responsibilities of the
    7         department for compliance with certain federal
    8         requirements related to consumer conciliatory
    9         conferences and energy conservation products,
   10         services, and loans; amending s. 472.005, F.S.;
   11         redefining the term “license” and defining the terms
   12         “consumer member” and “licensee” for purposes of
   13         provisions governing surveyors and mappers; amending
   14         s. 472.006, F.S.; directing the Department of
   15         Agriculture and Consumer Services to work
   16         cooperatively with the Department of Revenue to
   17         implement an automated method of disclosing
   18         information related to licensees; authorizing the
   19         Department of Agriculture and Consumer Services to
   20         suspend or deny the license of any licensee found not
   21         to be in compliance with a support order, subpoena,
   22         order to show cause, or written agreement; providing
   23         for reinstatement of a denied or suspended license;
   24         relieving the department of certain liability
   25         associated with the denial or suspension of a license;
   26         amending s. 472.011, F.S.; authorizing the department
   27         to waive license renewal fees for land surveyors and
   28         mappers under certain circumstances; authorizing the
   29         collection of an existing special assessment from
   30         inactive and delinquent licensees; amending s.
   31         472.0131, F.S., relating to examinations; making
   32         technical changes; amending s. 472.015, F.S.;
   33         authorizing the department to require land surveyors
   34         or mappers to submit their social security numbers
   35         when applying for initial licensure or license
   36         renewal; providing conditions under which an
   37         application is deemed received; providing conditions
   38         under which the department may issue a license by
   39         endorsement; requiring an applicant to provide his or
   40         her social security number as required pursuant to
   41         federal law; specifying how a social security number
   42         may be used; amending s. 472.018, F.S., relating to
   43         continuing education; making technical changes;
   44         requiring that continuing education providers
   45         electronically provide certain information to the
   46         department; providing timeframes for reporting;
   47         requiring that the department establish a system to
   48         monitor licensee compliance with continuing education
   49         requirements; defining the term “monitor”; authorizing
   50         the department to refuse to renew a license until the
   51         applicant satisfies continuing education requirements;
   52         authorizing the department or board to impose
   53         additional penalties against applicants who fail to
   54         satisfy additional requirements; amending s. 472.0202,
   55         F.S.; conforming a cross-reference; amending s.
   56         472.0203, F.S.; providing for license renewal
   57         notification by the department to be sent
   58         electronically to the licensee’s last known e-mail
   59         address; amending s. 472.025, F.S.; providing that a
   60         professional surveyor or mapper whose license is
   61         revoked or suspended must return his or her seal to
   62         the executive director of the board, rather than to
   63         the secretary; creating s. 472.0337, F.S.; authorizing
   64         the department to administer oaths, take depositions,
   65         make inspections, issue and serve subpoenas and other
   66         process, and compel the attendance of witnesses and
   67         production of certain documents; providing for
   68         challenges to and enforcement of subpoenas and orders;
   69         amending s. 472.0351, F.S.; revising grounds for
   70         discipline; eliminating certain actions by a licensee
   71         which are grounds for disciplinary action; specifying
   72         what constitutes an action against a license in
   73         another state, territory, or country; specifying that
   74         the board may enter an order against a surveyor or
   75         mapper who committed certain violations before
   76         obtaining a license; authorizing the board to require
   77         corrective action; prohibiting the department from
   78         issuing to or renewing the license of a person or
   79         business entity that has been assessed a fine,
   80         interest, costs, or attorney fees associated with an
   81         investigation or prosecution until the person pays
   82         them in full or complies with or satisfies all terms
   83         and conditions of the final order; creating s.
   84         472.0357, F.S.; providing penalties for knowingly
   85         giving false information in the course of applying for
   86         or obtaining a license; amending s. 493.6105, F.S.;
   87         authorizing the Department of Agriculture and Consumer
   88         Services to waive firearms training requirements for
   89         the initial licensure of private investigative,
   90         private security, or repossession services under
   91         certain circumstances; amending s. 493.6113, F.S.;
   92         authorizing the department to waive firearms training
   93         requirements for license renewal of private
   94         investigative, private security, and repossession
   95         services under certain circumstances; amending s.
   96         493.6118, F.S.; providing for disciplinary action to
   97         be taken against certain additional license classes
   98         and schools or training facilities for private
   99         investigators and private security and repossession
  100         services; amending s. 493.6120, F.S.; providing for
  101         penalty provisions to apply to certain additional
  102         license classes and schools or training facilities for
  103         private investigators and private security and
  104         repossession services; amending s. 501.015, F.S.,
  105         relating to the regulation of health studios;
  106         substituting the term “local business tax receipt” for
  107         the term “local occupational license”; amending s.
  108         501.017, F.S.; making technical changes; clarifying
  109         that certain notice be provided in a health studio
  110         contract in at least 10-point boldface type; amending
  111         s. 501.059, F.S.; deleting requirement that telephone
  112         subscribers pay an initial listing charge for
  113         including their telephone numbers on the state’s no
  114         sales solicitation calls listing; specifying the
  115         period that a subscriber’s listing remains active;
  116         requiring the department to include certain listings
  117         from a national database on the state’s listing;
  118         authorizing the department to impose administrative
  119         fines for violations; specifying that administrative
  120         proceedings are subject to the Administrative
  121         Procedure Act; requiring telecommunications companies
  122         to inform their customers of certain telephone
  123         solicitation requirements; deleting the requirement
  124         that the Florida Public Service Commission adopt
  125         certain rules; amending s. 501.605, F.S.; providing
  126         that an applicant for a commercial telephone seller
  127         license may provide other valid forms of
  128         identification in lieu of a valid driver license
  129         number; removing the requirement that the applicant
  130         provide his or her social security number on the
  131         application; amending s. 501.607, F.S.; providing that
  132         an applicant for a telemarketing salesperson’s license
  133         may provide other valid forms of identification in
  134         lieu of a driver license number; amending s. 501.911,
  135         F.S.; revising provisions for administration of the
  136         Antifreeze Act of 1978, to conform; amending s.
  137         501.913, F.S.; requiring the registrant of a brand of
  138         antifreeze to assume full responsibility for the
  139         registration; requiring that a registrant of a brand
  140         of antifreeze not in production for distribution in
  141         this state must submit a notarized affidavit attesting
  142         to specified information; requiring that a certain
  143         sample size of each brand of antifreeze accompany the
  144         application for registration; amending s. 507.04,
  145         F.S.; requiring that the Department of Agriculture and
  146         Consumer Services be notified at least 10 days before
  147         any changes are made in the insurance coverage of a
  148         household moving service; amending s. 525.07, F.S.;
  149         revising required contents of seal clasps applied by
  150         meter mechanics after repair and adjustment of
  151         petroleum fuel measuring devices; amending s. 526.143,
  152         F.S.; authorizing the department to temporarily waive
  153         certain requirements for generators at retail motor
  154         fuel outlets which are used in preparation or response
  155         to an emergency or major disaster in another state;
  156         amending s. 526.50, F.S., relating to the sale of
  157         brake fluid; defining the terms “brand” and “formula”;
  158         amending s. 526.51, F.S.; conforming terminology;
  159         providing criteria for reregistering a previously
  160         registered brand and formula combination of brake
  161         fluid; providing for a fine for late submission of the
  162         application for reregistration and required materials;
  163         requiring a registrant to submit a notarized affidavit
  164         attesting that specified conditions have been
  165         satisfied if a registered brand and formula
  166         combination is not in production for distribution in
  167         this state; amending s. 526.52, F.S.; providing
  168         alternative criteria under which a brand of brake
  169         fluid may satisfy branding requirements; amending s.
  170         526.53, F.S.; conforming terminology; requiring that
  171         stop-sale orders be served by the department on the
  172         owner of the brand name, the distributor, or other
  173         entity responsible for selling or distributing the
  174         product; providing that the department’s
  175         representative, with the consent of the department,
  176         may dispose of certain unregistered brake fluid;
  177         amending s. 526.55, F.S.; replacing criminal sanctions
  178         with administrative and monetary sanctions for
  179         violations of laws regulating the sale of brake fluid;
  180         amending s. 539.001, F.S.; eliminating the requirement
  181         that a pawnshop provide the Department of Agriculture
  182         and Consumer Services notice of a change in its
  183         location by certified or registered mail; amending s.
  184         559.805, F.S.; eliminating a requirement that sellers
  185         of business opportunities provide the department with
  186         the social security numbers of their independent
  187         agents; amending s. 559.904, F.S., relating to the
  188         regulation of motor vehicle repair shops; substituting
  189         the term “business tax receipt” for the term
  190         “occupational license”; repealing s. 559.922, F.S.,
  191         relating to the use of motor vehicle repair shop
  192         registration fees to provide financial assistance to
  193         motor vehicle repair shop employees who undertake
  194         certain technical training or courses; amending s.
  195         559.928, F.S., relating to the regulation of sellers
  196         of travel; substituting the term “business tax
  197         receipt” for the term “occupational license”;
  198         eliminating a requirement that an independent travel
  199         agent provide his or her social security number to the
  200         department; amending s. 559.9285, F.S.; conforming a
  201         cross-reference; amending s. 559.935, F.S., relating
  202         to an exemption from regulation provided for certain
  203         sellers of travel; substituting the term “business tax
  204         receipt” for the term “occupational license”; amending
  205         s. 570.29, F.S., relating to departmental divisions;
  206         conforming terminology; repealing ss. 570.46 and
  207         570.47, F.S., relating to the powers and duties of the
  208         Division of Standards and the qualifications and
  209         duties of the director of the division; amending s.
  210         570.544, F.S.; revising the powers and duties of the
  211         director of the Division of Consumer Services;
  212         amending s. 616.242, F.S.; removing an obsolete
  213         reference to the Bureau of Fair Rides Inspection;
  214         providing an effective date.
  215  
  216  Be It Enacted by the Legislature of the State of Florida:
  217  
  218         Section 1. Paragraph (l) of subsection (2) of section
  219  20.14, Florida Statutes, is amended to read:
  220         20.14 Department of Agriculture and Consumer Services.
  221  There is created a Department of Agriculture and Consumer
  222  Services.
  223         (2) The following divisions of the Department of
  224  Agriculture and Consumer Services are established:
  225         (l) Standards.
  226         Section 2. Section 366.85, Florida Statutes, is repealed.
  227         Section 3. Subsection (7) of section 472.005, Florida
  228  Statutes, is amended, and subsections (15) and (16) are added to
  229  that section, to read:
  230         472.005 Definitions.—As used in ss. 472.001-472.037:
  231         (7) The term “license” means a registration, certificate,
  232  or license issued by the department pursuant to this chapter the
  233  registration of surveyors and mappers or the certification of
  234  businesses to practice surveying and mapping in this state.
  235         (15) “Consumer member” means a person appointed to serve on
  236  the board who is not, and never has been, a professional
  237  surveyor or mapper in any jurisdiction or a member of any
  238  closely related profession regulated by the board.
  239         (16) “Licensee” means any person or business entity that
  240  has been issued, pursuant to this chapter, a registration,
  241  certificate, or license by the department.
  242         Section 4. Subsection (12) is added to section 472.006,
  243  Florida Statutes, to read:
  244         472.006 Department; powers and duties.—The department
  245  shall:
  246         (12) Work cooperatively with the Department of Revenue to
  247  implement an automated method for periodically disclosing
  248  information relating to current licensees to the Department of
  249  Revenue in order to further the public policy of reducing the
  250  state’s financial burden as a result of family desertion and
  251  nonsupport of dependent children as provided in s. 409.2551. The
  252  department shall, if directed by the court or the Department of
  253  Revenue, pursuant to s. 409.2598, suspend or deny the license of
  254  any licensee who is found to not be in compliance with a support
  255  order, subpoena, order to show cause, or written agreement
  256  entered into by the licensee with the Department of Revenue. The
  257  department shall issue or reinstate the license without
  258  additional charge to the licensee if notified by the court or
  259  the Department of Revenue that the licensee has complied with
  260  the terms of the support order. The department is not liable for
  261  any license denial or suspension resulting from the discharge of
  262  its duties under this subsection.
  263         Section 5. Subsections (1) and (12) of section 472.011,
  264  Florida Statutes, are amended to read:
  265         472.011 Fees.—
  266         (1) The board, by rule, may establish fees to be paid for
  267  applications, examination, reexamination, licensing and renewal,
  268  inactive status application and reactivation of inactive
  269  licenses, recordmaking and recordkeeping, and applications for
  270  providers of continuing education. The board may also establish
  271  by rule a delinquency fee. The board shall establish fees that
  272  are adequate to ensure the continued operation of the board.
  273  Fees shall be based on department estimates of the revenue
  274  required to implement ss. 472.001-472.037 and the provisions of
  275  law with respect to the regulation of surveyors and mappers. If
  276  the department determines, based on estimates of available
  277  revenue collected pursuant to this section, that the General
  278  Inspection Trust Fund contains funds that exceed the amount
  279  required to cover the necessary functions of the board, the
  280  department shall, by rule, waive the license renewal fees for
  281  licensees under this chapter for a period not to exceed 2 years.
  282         (12) The board may, by rule, assess and collect a special
  283  assessment one-time fee from each active, inactive, and
  284  delinquent each voluntary inactive licensee in an amount
  285  necessary to eliminate a cash deficit or, if there is not a cash
  286  deficit, in an amount sufficient to maintain the financial
  287  integrity of this profession as required in this subsection.
  288         Section 6. Subsection (3) of section 472.0131, Florida
  289  Statutes, is amended to read:
  290         472.0131 Examinations; development; administration.—
  291         (3) Except for national examinations approved and
  292  administered pursuant to paragraph (1)(d), the department shall
  293  provide procedures for applicants who have taken and failed an
  294  examination developed by the department or a contracted vendor
  295  to review their examination questions, answers, papers, grades,
  296  and grading key for the questions the candidate answered
  297  incorrectly on his or her last examination or, if not feasible,
  298  the parts of the examination failed. Applicants shall bear the
  299  actual cost for the department to provide examination review
  300  pursuant to this subsection. An applicant may waive in writing
  301  the confidentiality of his or her examination grades.
  302         Section 7. Subsection (1) and paragraph (b) of subsection
  303  (6) of section 472.015, Florida Statutes, are amended, and
  304  subsection (15) is added to that section, to read:
  305         472.015 Licensure.—
  306         (1) Notwithstanding any other law, the department is the
  307  sole authority for determining the contents of any documents to
  308  be submitted for initial licensure and licensure renewal. The
  309  Such documents may contain information including, as
  310  appropriate: demographics, social security number, education,
  311  work history, personal background, criminal history, finances,
  312  business information, complaints, inspections, investigations,
  313  discipline, bonding, signature notarization, photographs,
  314  performance periods, reciprocity, local government approvals,
  315  supporting documentation, periodic reporting requirements,
  316  continuing education requirements, and ongoing education
  317  monitoring. The applicant shall supplement his or her
  318  application may be supplemented as needed to reflect any
  319  material change in any circumstance or condition stated in the
  320  application which takes place between the initial filing of the
  321  application and the final grant or denial of the license and
  322  which might affect the decision of the department. An
  323  application is received for the purposes of s. 120.60 upon
  324  receipt by the department of the application, submitted in the
  325  format prescribed by the department, the application fee set by
  326  the board, and any other documentation or fee required by law or
  327  rule to be submitted with the application in order for the
  328  application to be complete.
  329         (6)
  330         (b) The department may shall not issue a license by
  331  endorsement to any applicant who is under investigation in this
  332  state or any other state or any other jurisdiction another state
  333  for any act that would constitute a violation of this ss.
  334  472.001-472.037 or chapter 455 until such time as the
  335  investigation is complete and disciplinary proceedings have been
  336  terminated.
  337         (15) Pursuant to the federal Personal Responsibility and
  338  Work Opportunity Reconciliation Act of 1996, each person
  339  applying for initial licensure or license renewal shall provide
  340  his or her social security number. Use of social security
  341  numbers obtained through this requirement is limited to the
  342  purpose of administering the Title IV-D program for child
  343  support enforcement, use by the department, and use as otherwise
  344  provided by law.
  345         Section 8. Subsection (1) of section 472.018, Florida
  346  Statutes, is amended, and subsections (13), (14), and (15) are
  347  added to that section, to read:
  348         472.018 Continuing education.—The department may not renew
  349  a license until the licensee submits proof satisfactory to the
  350  board that during the 2 years before prior to her or his
  351  application for renewal the licensee has completed at least 24
  352  hours of continuing education.
  353         (1) The board shall adopt rules to establish the criteria
  354  and course content for continuing education courses. The rules
  355  may provide that up to a maximum of 25 percent of the required
  356  continuing education hours may can be fulfilled by the
  357  performance of pro bono services to the indigent or to
  358  underserved populations or in areas of critical need within the
  359  state where the licensee practices. The board must require that
  360  any pro bono services be approved in advance in order to receive
  361  credit for continuing education under this section. The board
  362  shall use the standard for determining indigency shall be that
  363  recognized by the Federal Poverty Income Guidelines produced by
  364  the United States Department of Health and Human Services in
  365  determining indigency. The board may adopt rules that may
  366  provide for approval by the board that a part of the continuing
  367  education hours may can be fulfilled by performing research in
  368  critical need areas or for training leading to advanced
  369  professional certification. The board, or the department when
  370  there is no board, may adopt make rules to define underserved
  371  and critical need areas. The department shall adopt rules for
  372  the administration of continuing education requirements adopted
  373  by the board or the department when there is no board.
  374         (13) Each continuing education provider shall provide to
  375  the department, in an electronic format determined by the
  376  department, information regarding the continuing education
  377  status of licensees which the department determines is necessary
  378  to carry out its duties under this chapter. After a licensee
  379  completes a course, the information must be submitted
  380  electronically by the continuing education provider to the
  381  department within 30 calendar days after completion. However,
  382  beginning on the 30th day before the renewal deadline or before
  383  the renewal date, whichever occurs sooner, the continuing
  384  education provider shall electronically report such information
  385  to the department within 10 business days after completion.
  386         (14) The department shall establish a system to monitor
  387  licensee compliance with continuing education requirements and
  388  to determine the continuing education status of each licensee.
  389  As used in this subsection, the term “monitor” means the act of
  390  determining, for each licensee, whether the licensee is in full
  391  compliance with applicable continuing education requirements as
  392  of the date of the licensee’s application for license renewal.
  393         (15) The department may refuse to renew a license until the
  394  licensee has satisfied all applicable continuing education
  395  requirements. This subsection does not preclude the department
  396  or board from imposing additional penalties pursuant to this
  397  chapter or rules adopted pursuant this chapter.
  398         Section 9. Subsection (1) of section 472.0202, Florida
  399  Statutes, is amended to read:
  400         472.0202 Inactive and delinquent status.—
  401         (1) A licensee may practice a profession only if the
  402  licensee has an active status license. A licensee who practices
  403  a profession without an active status license is in violation of
  404  this section and s. 472.0351 472.033, and the board may impose
  405  discipline on the licensee.
  406         Section 10. Subsection (3) is added to section 472.0203,
  407  Florida Statutes, to read:
  408         472.0203 Renewal and cancellation notices.—
  409         (3) Notwithstanding any other law, a licensure renewal
  410  notification required to be sent to the last known address of
  411  record may be sent by the department to the licensee by
  412  electronic means if the licensee has provided an e-mail address
  413  to the department and the licensee has elected to receive
  414  notifications by e-mail.
  415         Section 11. Subsection (2) of section 472.025, Florida
  416  Statutes, is amended to read:
  417         472.025 Seals.—
  418         (2) It is unlawful for a any person to stamp, seal, or
  419  digitally sign a any document with a seal or digital signature
  420  after his or her certificate of registration has expired or been
  421  revoked or suspended, unless such certificate of registration
  422  has been reinstated or reissued. When a the certificate of
  423  registration of a registrant has been revoked or suspended by
  424  the board, the registrant shall, within a period of 30 days
  425  after the revocation or suspension has become effective,
  426  surrender his or her seal to the executive director secretary of
  427  the board and confirm to the executive director secretary the
  428  cancellation of the registrant’s digital signature in accordance
  429  with ss. 668.001-668.006. If In the event the registrant’s
  430  certificate has been suspended for a period of time, his or her
  431  seal shall be returned to him or her upon expiration of the
  432  suspension period.
  433         Section 12. Section 472.0337, Florida Statutes, is created
  434  to read:
  435         472.0337 Power to administer oaths, take depositions, and
  436  issue subpoenas.—For the purpose of an investigation or
  437  proceeding conducted by the department, the department shall
  438  administer oaths, take depositions, make inspections, issue
  439  subpoenas which must be supported by affidavit, serve subpoenas
  440  and other process, and compel the attendance of witnesses and
  441  the production of books, papers, documents, and other evidence.
  442  Challenges to, and enforcement of, the subpoenas and orders
  443  shall be conducted as provided in s. 120.569.
  444         Section 13. Section 472.0351, Florida Statutes, is amended
  445  to read:
  446         472.0351 Grounds for discipline; penalties; enforcement.—
  447         (1) The following acts shall constitute grounds for which
  448  the disciplinary actions specified in subsection (2) may be
  449  taken:
  450         (a) Violation of any provision of s. 472.031;
  451         (b) Attempting to procure a license to practice surveying
  452  and mapping by bribery or fraudulent misrepresentations;
  453         (c) Having a license to practice surveying and mapping
  454  revoked, suspended, or otherwise acted against, including the
  455  denial of licensure, by the licensing authority of another
  456  state, territory, or country, for a violation that constitutes a
  457  violation under the laws of this state. The acceptance of a
  458  relinquishment of licensure, stipulation, consent order, or
  459  other settlement offered in response to or in anticipation of
  460  the filing of charges against the license by a licensing
  461  authority is an action against the license;
  462         (d) Being convicted or found guilty of, or entering a plea
  463  of guilty, no contest, or nolo contendere to, regardless of
  464  adjudication, a crime in any jurisdiction which directly relates
  465  to the practice of surveying and mapping or the ability to
  466  practice surveying and mapping;
  467         (e) Making or filing a report or record that the licensee
  468  knows to be false, willfully failing to file a report or record
  469  required by state or federal law, willfully impeding or
  470  obstructing such filing, or inducing another person to impede or
  471  obstruct such filing. Such reports or records shall include only
  472  those that are signed in the capacity of a registered surveyor
  473  and mapper;
  474         (f) Advertising goods or services in a manner that is
  475  fraudulent, false, deceptive, or misleading in form or content;
  476         (g) Upon proof that the licensee is guilty of fraud or
  477  deceit, or of negligence, incompetency, or misconduct, in the
  478  practice of surveying and mapping;
  479         (h) Failing to perform a any statutory or legal obligation
  480  placed upon a licensed surveyor and mapper; violating a any
  481  provision of this chapter, a rule of the board or department, or
  482  a lawful order of the board or department previously entered in
  483  a disciplinary hearing; or failing to comply with a lawfully
  484  issued subpoena of the department;
  485         (i) Practicing on a revoked, suspended, inactive, or
  486  delinquent license;
  487         (j) Making misleading, deceptive, or fraudulent
  488  representations in or related to the practice of the licensee’s
  489  profession;
  490         (k) Intentionally violating any rule adopted by the board
  491  or the department, as appropriate;
  492         (l) Having a license or the authority to practice the
  493  regulated profession revoked, suspended, or otherwise acted
  494  against, including the denial of licensure, by the licensing
  495  authority of any jurisdiction, including its agencies or
  496  subdivisions, for a violation that would constitute a violation
  497  under Florida law;
  498         (j)(m) Having been found liable in a civil proceeding for
  499  knowingly filing a false report or complaint with the department
  500  against another licensee;
  501         (k)(n) Failing to report to the department any person who
  502  the licensee knows is in violation of this chapter or the rules
  503  of the department or the board;
  504         (l)(o) Aiding, assisting, procuring, employing, or advising
  505  any unlicensed person or entity to practice surveying and
  506  mapping contrary to this chapter or the rules of the department
  507  or the board;
  508         (m)(p) Making deceptive, untrue, or fraudulent
  509  representations in or related to the practice of professional
  510  surveying or mapping a profession or employing a trick or scheme
  511  in or related to the practice of professional surveying or
  512  mapping a profession;
  513         (n)(q) Exercising influence on the client for the purpose
  514  of financial gain of the licensee or a third party;
  515         (o)(r) Practicing or offering to practice beyond the scope
  516  permitted by law or accepting and performing professional
  517  responsibilities the licensee knows, or has reason to know, the
  518  licensee is not competent to perform;
  519         (p)(s) Delegating or contracting for the performance of
  520  professional responsibilities by a person when the licensee
  521  delegating or contracting for performance of such
  522  responsibilities knows, or has reason to know, such person is
  523  not qualified by training, experience, and authorization when
  524  required to perform them; or
  525         (t) Violating this chapter, the applicable professional
  526  practice act, a rule of the department or the board, or a lawful
  527  order of the department or the board, or failing to comply with
  528  a lawfully issued subpoena of the department; or
  529         (q)(u) Improperly interfering with an investigation or
  530  inspection authorized by statute, or with any disciplinary
  531  proceeding.
  532         (2) If When the board finds a any surveyor or mapper guilty
  533  of any of the grounds set forth in subsection (1) or a violation
  534  of this chapter which occurred before obtaining a license, the
  535  board it may enter an order imposing one or more of the
  536  following penalties:
  537         (a) Denial of an application for licensure, or approval of
  538  an application for licensure with restrictions.
  539         (b) Revocation or suspension of a license.
  540         (c) Imposition of an administrative fine not to exceed
  541  $1,000 for each count or separate offense.
  542         (d) Issuance of a reprimand.
  543         (e) Placement of the surveyor or mapper on probation for a
  544  period of time and subject to such conditions as the board may
  545  specify. Those conditions may include, but are not limited to,
  546  requiring the licensee to undergo treatment, attend continuing
  547  education courses, submit to be reexamined, work under the
  548  supervision of another licensee, or satisfy any terms which are
  549  reasonably tailored to the violations found.
  550         (f) Restriction of the authorized scope of practice by the
  551  surveyor or mapper.
  552         (g) Corrective action.
  553         (3) The department shall reissue the license of a
  554  disciplined surveyor or mapper upon certification by the board
  555  that he or she has complied with all of the terms and conditions
  556  set forth in the final order.
  557         (4)(a) In addition to any other discipline imposed pursuant
  558  to this section, the board may assess costs and attorney
  559  attorneys fees related to the investigation and prosecution of
  560  the case.
  561         (b) In any case where the board or the department imposes a
  562  fine or assessment and the fine or assessment is not paid within
  563  a reasonable time, which may such reasonable time to be
  564  prescribed in the rules of the board or in the order assessing
  565  such fines or costs, the department or the Department of Legal
  566  Affairs may contract for the collection of, or bring a civil
  567  action to recover, the fine or assessment.
  568         (c) The department may not issue to or renew the license of
  569  any person or business entity against which the board has
  570  assessed a fine, interest, costs, or attorney fees associated
  571  with an investigation and prosecution until the person or
  572  business entity has paid the full amount due or complies with or
  573  satisfies all terms and conditions of the final order.
  574         (5) In addition to, or in lieu of, any other remedy or
  575  criminal prosecution, the department may file a proceeding in
  576  the name of the state seeking issuance of an injunction or a
  577  writ of mandamus against any person who violates any of the
  578  provisions of this chapter, or any provision of law with respect
  579  to professions regulated by the department, or any board
  580  therein, or the rules adopted pursuant thereto.
  581         (5)(6) If the board determines that revocation of a license
  582  is the appropriate penalty, the revocation shall be permanent.
  583  However, the board may establish, by rule, requirements for
  584  reapplication by applicants whose licenses have been permanently
  585  revoked. Such requirements may include, but are shall not be
  586  limited to, satisfying current requirements for an initial
  587  license.
  588         Section 14. Section 472.0357, Florida Statutes, is created
  589  to read:
  590         472.0357 Penalty for giving false information.—In addition
  591  to, or in lieu of, any other disciplinary action imposed
  592  pursuant to s. 472.0351, a person who knowingly gives false
  593  information in the course of applying for or obtaining a license
  594  from the department or the board, or who attempts to obtain or
  595  obtains a license from the department or the board by knowingly
  596  providing misleading statements or misrepresentations commits a
  597  felony of the third degree, punishable as provided in s.
  598  775.082, s. 775.083, or s. 775.084.
  599         Section 15. Subsection (5) of section 493.6105, Florida
  600  Statutes, is amended to read:
  601         493.6105 Initial application for license.—
  602         (5) In addition to the requirements outlined in subsection
  603  (3), an applicant for a Class “G” license must satisfy minimum
  604  training criteria for firearms established by rule of the
  605  department, which training criteria includes, but is not limited
  606  to, 28 hours of range and classroom training taught and
  607  administered by a Class “K” licensee; however, no more than 8
  608  hours of such training shall consist of range training. The
  609  department may waive the foregoing firearms training requirement
  610  if:
  611         (a) The applicant provides proof that he or she is
  612  currently certified as a law enforcement officer or correctional
  613  officer pursuant to the requirements of the Criminal Justice
  614  Standards and Training Commission or has successfully completed
  615  the training required for certification within the last 12
  616  months.
  617         (b) The applicant provides proof that he or she is
  618  currently certified as a federal law enforcement officer and has
  619  received law enforcement firearms training administered by a
  620  federal law enforcement agency.
  621         (c) The applicant submits a valid firearm certificate among
  622  those specified in paragraph (6)(a). If the applicant submits
  623  proof that he or she is an active law enforcement officer
  624  currently certified under the Criminal Justice Standards and
  625  Training Commission or has completed the training required for
  626  that certification within the last 12 months, or if the
  627  applicant submits one of the certificates specified in paragraph
  628  (6)(a), the department may waive the foregoing firearms training
  629  requirement.
  630         Section 16. Paragraph (b) of subsection (3) of section
  631  493.6113, Florida Statutes, is amended to read:
  632         493.6113 Renewal application for licensure.—
  633         (3) Each licensee is responsible for renewing his or her
  634  license on or before its expiration by filing with the
  635  department an application for renewal accompanied by payment of
  636  the prescribed license fee.
  637         (b) Each Class “G” licensee shall additionally submit proof
  638  that he or she has received during each year of the license
  639  period a minimum of 4 hours of firearms recertification training
  640  taught by a Class “K” licensee and has complied with such other
  641  health and training requirements which the department may adopt
  642  by rule. If proof of a minimum of 4 hours of annual firearms
  643  recertification training cannot be provided, the renewal
  644  applicant shall complete the minimum number of hours of range
  645  and classroom training required at the time of initial
  646  licensure. The department may waive the foregoing firearms
  647  training requirement if:
  648         1. The applicant provides proof that he or she is currently
  649  certified as a law enforcement officer or correctional officer
  650  under the Criminal Justice Standards and Training Commission and
  651  has completed law enforcement firearms requalification training
  652  annually during the previous 2 years of the licensure period.
  653         2. The applicant provides proof that he or she is currently
  654  certified as a federal law enforcement officer and has received
  655  law enforcement firearms training administered by a federal law
  656  enforcement agency annually during the previous 2 years of the
  657  licensure period.
  658         3. The applicant submits a valid firearm certificate among
  659  those specified in s. 493.6105(6)(a) and provides proof of
  660  having completed requalification training during the previous 2
  661  years of the licensure period.
  662         Section 17. Subsection (6) of section 493.6118, Florida
  663  Statutes, is amended to read:
  664         493.6118 Grounds for disciplinary action.—
  665         (6) The agency or Class “DS” or “RS” license and the
  666  approval or license of each officer, partner, or owner of the
  667  agency, school, or training facility are automatically suspended
  668  upon entry of a final order imposing an administrative fine
  669  against the agency, school, or training facility, until the fine
  670  is paid, if 30 calendar days have elapsed since the entry of the
  671  final order. All owners and corporate or agency officers or
  672  partners are jointly and severally liable for agency fines
  673  levied against the agency, school, or training facility. Neither
  674  The agency or Class “DS” or “RS” license or the approval or
  675  license of any officer, partner, or owner of the agency, school,
  676  or training facility may not be renewed, and nor may an
  677  application may not be approved, if the owner, licensee, or
  678  applicant is liable for an outstanding administrative fine
  679  imposed under this chapter. An individual’s approval or license
  680  becomes automatically suspended if a fine imposed against the
  681  individual or his or her agency is not paid within 30 days after
  682  the date of the final order, and remains suspended until the
  683  fine is paid. Notwithstanding the provisions of this subsection,
  684  an individual’s approval or license may not be suspended and nor
  685  may an application may not be denied if when the licensee or the
  686  applicant has an appeal from a final order pending in any
  687  appellate court.
  688         Section 18. Subsection (4) of section 493.6120, Florida
  689  Statutes, is amended to read:
  690         493.6120 Violations; penalty.—
  691         (4) A Any person who was an owner, officer, partner, or
  692  manager of a licensed agency or a Class “DS” or “RS” school or
  693  training facility at the time of any activity that is the basis
  694  for revocation of the agency or branch office license or the
  695  school or training facility license and who knew or should have
  696  known of the activity, shall have his or her personal licenses
  697  or approval suspended for 3 years and may not have any financial
  698  interest in or be employed in any capacity by a licensed agency
  699  or a school or training facility during the period of
  700  suspension.
  701         Section 19. Subsection (7) of section 501.015, Florida
  702  Statutes, is amended to read:
  703         501.015 Health studios; registration requirements and
  704  fees.—Each health studio shall:
  705         (7) A Any person applying for or renewing a local business
  706  tax receipt occupational license to engage in business as a
  707  health studio must exhibit an active registration certificate
  708  from the Department of Agriculture and Consumer Services before
  709  the local business tax receipt occupational license may be
  710  issued or reissued.
  711         Section 20. Subsection (1) of section 501.017, Florida
  712  Statutes, is amended to read:
  713         501.017 Health studios; contracts.—
  714         (1) Each Every contract for the sale of future health
  715  studio services which is paid for in advance or which the buyer
  716  agrees to pay for in future installment payments shall be in
  717  writing and shall contain, contractual provisions to the
  718  contrary notwithstanding, in immediate proximity to the space
  719  reserved in the contract for the signature of the buyer, and in
  720  at least 10-point boldfaced type, language substantially
  721  equivalent to the following:
  722         (a) A provision for the penalty-free cancellation of the
  723  contract within 3 days, exclusive of holidays and weekends, of
  724  its making, upon the mailing or delivery of written notice to
  725  the health studio, and refund upon such notice of all moneys
  726  paid under the contract, except that the health studio may
  727  retain an amount computed by dividing the number of complete
  728  days in the contract term or, if appropriate, the number of
  729  occasions health studio services are to be rendered into the
  730  total contract price and multiplying the result by the number of
  731  complete days that have passed since the making of the contract
  732  or, if appropriate, by the number of occasions that health
  733  studio services have been rendered. A refund shall be issued
  734  within 30 days after receipt of the notice of cancellation made
  735  within the 3-day provision.
  736         (b)1. A provision for the cancellation and refund of the
  737  contract if the contracting business location of the health
  738  studio goes out of business, or moves its facilities more than 5
  739  driving miles from the business location designated in the such
  740  contract and fails to provide, within 30 days, a facility of
  741  equal quality located within 5 driving miles of the business
  742  location designated in the such contract at no additional cost
  743  to the buyer.
  744         2. A provision that notice of intent to cancel by the buyer
  745  shall be given in writing to the health studio. The Such a
  746  notice of cancellation from the consumer terminates shall also
  747  terminate automatically the consumer’s obligation to any entity
  748  to whom the health studio has subrogated or assigned the
  749  consumer’s contract. If the health studio wishes to enforce the
  750  such contract after receipt of the notice such showing, it may
  751  request the department to determine the sufficiency of the
  752  notice showing.
  753         3. A provision that if the department determines that a
  754  refund is due the buyer, the refund shall be an amount computed
  755  by dividing the contract price by the number of weeks in the
  756  contract term and multiplying the result by the number of weeks
  757  remaining in the contract term. The business location of a
  758  health studio may shall not be deemed out of business when
  759  temporarily closed for repair and renovation of the premises:
  760         a. Upon sale, for not more than 14 consecutive days; or
  761         b. During ownership, for not more than 7 consecutive days
  762  and not more than two periods of 7 consecutive days in any
  763  calendar year.
  764  
  765  A refund shall be issued within 30 days after receipt of the
  766  notice of cancellation made pursuant to this paragraph.
  767         (c) A provision in the disclosure statement advising the
  768  buyer to contact the department for information within 60 days
  769  should the health studio go out of business.
  770         (d) A provision for the cancellation of the contract if the
  771  buyer dies or becomes physically unable to avail himself or
  772  herself of a substantial portion of those services which he or
  773  she used from the commencement of the contract until the time of
  774  disability, with refund of funds paid or accepted in payment of
  775  the contract in an amount computed by dividing the contract
  776  price by the number of weeks in the contract term and
  777  multiplying the result by the number of weeks remaining in the
  778  contract term. The contract may require a buyer or the buyer’s
  779  estate seeking relief under this paragraph to provide proof of
  780  disability or death. A physical disability sufficient to warrant
  781  cancellation of the contract by the buyer is shall be
  782  established if the buyer furnishes to the health studio a
  783  certification of such disability by a physician licensed under
  784  chapter 458, chapter 459, chapter 460, or chapter 461 to the
  785  extent the diagnosis or treatment of the disability is within
  786  the physician’s scope of practice. A refund shall be issued
  787  within 30 days after receipt of the notice of cancellation made
  788  pursuant to this paragraph.
  789         (e) A provision that the initial contract will not be for a
  790  period in excess of 36 months, and thereafter shall only be
  791  renewable annually. A Such renewal contract contracts may not be
  792  executed and the fee therefor paid until 60 days or less before
  793  the previous preceding contract expires.
  794         (f) A provision that if the health studio requires a buyer
  795  to furnish identification upon entry to the facility and as a
  796  condition of using the services of the health studio, the health
  797  studio shall provide the buyer with the means of such
  798  identification.
  799         Section 21. Paragraphs (e) through (i) of subsection (1) of
  800  section 501.059, Florida Statutes, are redesignated as
  801  paragraphs (d) through (h), respectively, and present paragraph
  802  (d) of subsection (1) and subsections (3), (8), and (10) of that
  803  section are amended to read:
  804         501.059 Telephone solicitation.—
  805         (1) As used in this section:
  806         (d) “Commission” means the Florida Public Service
  807  Commission.
  808         (3)(a) If any residential, mobile, or telephonic paging
  809  device telephone subscriber notifies the department of his or
  810  her desire desiring to be placed on a “no sales solicitation
  811  calls” listing indicating that the subscriber does not wish to
  812  receive unsolicited telephonic sales calls, may notify the
  813  department shall place the subscriber and be placed on that
  814  listing for 5 years upon receipt by the department of a $10
  815  initial listing charge. This listing shall be renewed by the
  816  department annually for each consumer upon receipt of a renewal
  817  notice and a $5 assessment.
  818         (b) The department shall update its “no sales solicitation
  819  calls” listing upon receipt of initial consumer subscriptions or
  820  renewals and provide this listing for a fee to telephone
  821  solicitors upon request.
  822         (c) All fees imposed pursuant to this section shall be
  823  deposited in the General Inspection Trust Fund for the
  824  administration of this section.
  825         (d) If the Federal Trade Commission, pursuant to 15 U.S.C.
  826  s. 6102(a), establishes a national database that lists the
  827  telephone numbers of subscribers who object to receiving
  828  telephone solicitations, the department shall include those
  829  listings from the national database which relate to Florida in
  830  the listing established under this section.
  831         (8)(a) The department shall investigate any complaints
  832  received concerning violations of this section. If, after
  833  investigating any complaint, the department finds that there has
  834  been a violation of this section, the department or the
  835  Department of Legal Affairs may bring an action to impose a
  836  civil penalty and to seek other relief, including injunctive
  837  relief, as the court deems appropriate against the telephone
  838  solicitor. The civil penalty may shall not exceed $10,000 per
  839  violation and shall be deposited in the General Inspection Trust
  840  Fund if the action or proceeding was brought by the department,
  841  or the Legal Affairs Revolving Trust Fund if the action or
  842  proceeding was brought by the Department of Legal Affairs. This
  843  civil penalty may be recovered in any action brought under this
  844  part by the department, or the department may terminate any
  845  investigation or action upon agreement by the person to pay a
  846  stipulated civil penalty. The department or the court may waive
  847  any civil penalty if the person has previously made full
  848  restitution or reimbursement or has paid actual damages to the
  849  consumers who have been injured by the violation.
  850         (b) The department may, as an alternative to the civil
  851  penalties provided in paragraph (a), impose an administrative
  852  fine not to exceed $1,000 for each act or omission that
  853  constitutes a violation of this section. An administrative
  854  proceeding that could result in the entry of an order imposing
  855  an administrative penalty must be conducted in accordance with
  856  chapter 120.
  857         (10) The commission shall by rule ensure that
  858  Telecommunications companies shall inform their customers of the
  859  provisions of this section. The notification may be made by:
  860         (a) Annual inserts in the billing statements mailed to
  861  customers; and
  862         (b) Conspicuous publication of the notice in the consumer
  863  information pages of the local telephone directories.
  864         Section 22. Paragraphs (a) and (l) of subsection (2) of
  865  section 501.605, Florida Statutes, are amended to read:
  866         501.605 Licensure of commercial telephone sellers.—
  867         (2) An applicant for a license as a commercial telephone
  868  seller must submit to the department, in such form as it
  869  prescribes, a written application for the license. The
  870  application must set forth the following information:
  871         (a) The true name, date of birth, driver driver’s license
  872  number or other valid form of identification, social security
  873  number, and home address of the applicant, including each name
  874  under which he or she intends to do business.
  875         (l) The true name, current home address, date of birth,
  876  social security number, and all other names by which known, or
  877  previously known, of each:
  878         1. Principal officer, director, trustee, shareholder,
  879  owner, or partner of the applicant, and of each other person
  880  responsible for the management of the business of the applicant.
  881         2. Office manager or other person principally responsible
  882  for a location from which the applicant will do business.
  883         3. Salesperson or other person to be employed by the
  884  applicant.
  885  
  886  The application shall be accompanied by a copy of any: Script,
  887  outline, or presentation the applicant will require or suggest a
  888  salesperson to use when soliciting, or, if no such document is
  889  used, a statement to that effect; sales information or
  890  literature to be provided by the applicant to a salesperson; and
  891  sales information or literature to be provided by the applicant
  892  to a purchaser in connection with any solicitation.
  893         Section 23. Paragraph (a) of subsection (1) of section
  894  501.607, Florida Statutes, is amended to read:
  895         501.607 Licensure of salespersons.—
  896         (1) An applicant for a license as a salesperson must submit
  897  to the department, in such form as it prescribes, a written
  898  application for a license. The application must set forth the
  899  following information:
  900         (a) The true name, date of birth, driver driver’s license
  901  number or other valid form of identification, social security
  902  number, and home address of the applicant.
  903         Section 24. Section 501.911, Florida Statutes, is amended
  904  to read:
  905         501.911 Administration of act.—Sections 501.91-501.923
  906  shall be administered by the Division of Standards of the
  907  Department of Agriculture and Consumer Services.
  908         Section 25. Subsections (1) and (2) of section 501.913,
  909  Florida Statutes, are amended to read:
  910         501.913 Registration.—
  911         (1) Each brand of antifreeze to be distributed in this
  912  state shall be registered with the department before prior to
  913  distribution. The person whose name appears on the label, the
  914  manufacturer, or the packager shall make application to the
  915  department on forms provided by the department no later than
  916  July 1 of each year. The registrant assumes, by application to
  917  register the brand, full responsibility for the registration,
  918  quality, and quantity of the product sold, offered, or exposed
  919  for sale in this state. If a registered brand is not in
  920  production for distribution in this state and to ensure any
  921  remaining product that is still available for sale in the state
  922  is properly registered, the registrant must submit a notarized
  923  affidavit on company letterhead to the department certifying
  924  that:
  925         (a) The stated brand is no longer in production;
  926         (b) The stated brand will not be distributed in this state;
  927  and
  928         (c) All existing product of the stated brand will be
  929  removed by the registrant from the state within 30 days after
  930  expiration of the registration or the registrant will reregister
  931  the brand for two subsequent registration periods.
  932  
  933  If production resumes, the brand must be reregistered before it
  934  is distributed in this state.
  935         (2) The completed application shall be accompanied by:
  936         (a) Specimens or facsimiles of the label for each brand of
  937  antifreeze;
  938         (b) An application fee of $200 for each brand; and
  939         (c) A properly labeled sample of between 1 and 2 gallons
  940  for each brand of antifreeze.
  941         Section 26. Subsection (3) of section 507.04, Florida
  942  Statutes, is amended to read:
  943         507.04 Required insurance coverages; liability limitations;
  944  valuation coverage.—
  945         (3) INSURANCE COVERAGES.—The insurance coverages required
  946  under paragraph (1)(a) and subsection (2) must be issued by an
  947  insurance company or carrier licensed to transact business in
  948  this state under the Florida Insurance Code as designated in s.
  949  624.01. The department shall require a mover to present a
  950  certificate of insurance of the required coverages before
  951  issuance or renewal of a registration certificate under s.
  952  507.03. The department shall be named as a certificateholder in
  953  the certificate and must be notified at least 10 30 days before
  954  cancellation of any changes in insurance coverage.
  955         Section 27. Subsection (7) of section 525.07, Florida
  956  Statutes, is amended to read:
  957         525.07 Powers and duties of department; inspections;
  958  unlawful acts.—
  959         (7) It is unlawful for any person to break, cut, or remove
  960  any seal applied by the department to a petroleum fuel measuring
  961  device or container. If When it becomes necessary to repair and
  962  adjust a petroleum fuel measuring device during the absence of
  963  an inspector of the department, the seal on the meter adjustment
  964  may be broken by a person who is registered with the department
  965  as a meter mechanic. After repairs and adjustments have been
  966  made, the adjusting mechanism must immediately be resealed by
  967  the registered meter mechanic with a seal clasp bearing at least
  968  the name of the company or the name or initials of the
  969  registered mechanic. The registered mechanic shall immediately
  970  notify the department of this action.
  971         Section 28. Subsection (5) of section 526.143, Florida
  972  Statutes, is amended to read:
  973         526.143 Alternate generated power capacity for motor fuel
  974  dispensing facilities.—
  975         (5)(a) Each corporation or other entity that owns 10 or
  976  more motor fuel retail outlets located within a single county
  977  shall maintain at least one portable generator that is capable
  978  of providing an alternate generated power source as required
  979  under subsection (2) for every 10 outlets. If an entity owns
  980  more than 10 outlets or a multiple of 10 outlets plus an
  981  additional 6 outlets, the entity must provide one additional
  982  generator to accommodate such additional outlets. Each portable
  983  generator must be stored within this state, or may be stored in
  984  another state if located within 250 miles of this state, and
  985  must be available for use in an affected location within 24
  986  hours after a disaster.
  987         (b) Each corporation or other entity that owns 10 or more
  988  motor fuel retail outlets located within a single domestic
  989  security region, as determined pursuant to s. 943.0312(1), and
  990  that does not own additional outlets located outside the
  991  domestic security region shall maintain a written document of
  992  agreement with one or more similarly equipped entities for the
  993  use of portable generators that may be used to meet the
  994  requirements of paragraph (a) and that are located within this
  995  state but outside the affected domestic security region. The
  996  agreement may be reciprocal, may allow for payment for services
  997  rendered by the providing entity, and must guarantee the
  998  availability of the portable generators to an affected location
  999  within 24 hours after a disaster.
 1000         (c) Upon written request, the department may temporarily
 1001  waive the requirements in paragraphs (a) and (b) if the
 1002  generators are used in preparation for or response to an
 1003  emergency or major disaster in another state. The waiver shall
 1004  be in writing and include a beginning and ending date. The
 1005  waiver may provide additional conditions as deemed necessary by
 1006  the department. The waiver may be modified or terminated by the
 1007  department if the Governor declares an emergency.
 1008         (d)(c) For purposes of this section, ownership of a motor
 1009  fuel retail outlet is shall be the owner of record of the fuel
 1010  storage systems operating at the location, as identified in the
 1011  Department of Environmental Protection underground storage
 1012  facilities registry pursuant to s. 376.303(1).
 1013         Section 29. Subsections (8) and (9) are added to section
 1014  526.50, Florida Statutes, to read:
 1015         526.50 Definition of terms.—As used in this part:
 1016         (8) “Brand” means the product name appearing on the label
 1017  of a container of brake fluid.
 1018         (9) “Formula” means the name of the chemical mixture or
 1019  composition of the brake fluid product.
 1020         Section 30. Subsections (1) and (3) of section 526.51,
 1021  Florida Statutes, are amended to read:
 1022         526.51 Registration; renewal and fees; departmental
 1023  expenses; cancellation or refusal to issue or renew.—
 1024         (1)(a) Application for registration of each brand of brake
 1025  fluid shall be made on forms to be supplied by the department.
 1026  The applicant shall give his or her name and address and the
 1027  brand name of the brake fluid, state that he or she owns the
 1028  brand name and has complete control over the product sold
 1029  thereunder in this state Florida, and provide the name and
 1030  address of the resident agent in this state Florida. If the
 1031  applicant does not own the brand name but wishes to register the
 1032  product with the department, a notarized affidavit that gives
 1033  the applicant full authorization to register the brand name and
 1034  that is signed by the owner of the brand name must accompany the
 1035  application for registration. The affidavit must include all
 1036  affected brand names, the owner’s company or corporate name and
 1037  address, the applicant’s company or corporate name and address,
 1038  and a statement from the owner authorizing the applicant to
 1039  register the product with the department. The owner of the brand
 1040  name shall maintain complete control over each product sold
 1041  under that brand name in this state. All first-time new product
 1042  applications for a brand and formula combination must be
 1043  accompanied by a certified report from an independent testing
 1044  laboratory, setting forth the analysis of the brake fluid which
 1045  shows shall show its quality to be not less than the
 1046  specifications established by the department for brake fluids. A
 1047  sample of not less than 24 fluid ounces of brake fluid shall be
 1048  submitted, in a container or containers, with labels
 1049  representing exactly how the containers of brake fluid will be
 1050  labeled when sold, and the sample and container shall be
 1051  analyzed and inspected by the department Division of Standards
 1052  in order that compliance with the department’s specifications
 1053  and labeling requirements may be verified. Upon approval of the
 1054  application, the department shall register the brand name of the
 1055  brake fluid and issue to the applicant a permit authorizing the
 1056  registrant to sell the brake fluid in this state during the
 1057  permit year specified in the permit.
 1058         (b) Each applicant shall pay a fee of $100 with each
 1059  application. A permit may be renewed by application to the
 1060  department, accompanied by a renewal fee of $50 on or before the
 1061  last day of the permit year immediately preceding the permit
 1062  year for which application is made for renewal of registration.
 1063  To reregister a previously registered brand and formula
 1064  combination, an applicant must submit a completed application
 1065  and all materials as required in this section to the department
 1066  before the first day of the permit year. A brand and formula
 1067  combination for which a completed application and all materials
 1068  required in this section are not received before the first day
 1069  of the permit year may not be registered with the department
 1070  until a completed application and all materials required in this
 1071  section have been received and approved. If the brand and
 1072  formula combination was previously registered with the
 1073  department and a fee, application, or materials required in this
 1074  section are received after the first day of the permit year, To
 1075  any fee not paid when due, there shall accrue a penalty of $25
 1076  accrues, which shall be added to the renewal fee. Renewals shall
 1077  will be accepted only on brake fluids that have no change in
 1078  formula, composition, or brand name. Any change in formula,
 1079  composition, or brand name of any brake fluid constitutes a new
 1080  product that must be registered in accordance with this part.
 1081         (c) In order to ensure that any remaining product still
 1082  available for sale in this state is properly registered, if a
 1083  registered brand and formula combination is no longer in
 1084  production for distribution in this state, the registrant must
 1085  submit a notarized affidavit on company letterhead to the
 1086  department certifying that:
 1087         1. The stated brand and formula combination is no longer in
 1088  production;
 1089         2. The stated brand and formula combination will not be
 1090  distributed in this state; and
 1091         3. All existing product of the stated brand and formula
 1092  combination will be removed by the registrant from the state
 1093  within 30 days after the expiration of the registration or that
 1094  the registrant will reregister the brand and formula combination
 1095  for two subsequent registration periods.
 1096  
 1097  If production resumes, the brand and formula combination must be
 1098  reregistered before it is again distributed in this state.
 1099         (3) The department may cancel or, refuse to issue or refuse
 1100  to renew any registration and permit after due notice and
 1101  opportunity to be heard if it finds that the brake fluid is
 1102  adulterated or misbranded or that the registrant has failed to
 1103  comply with the provisions of this part or the rules adopted
 1104  pursuant to this section and regulations promulgated thereunder.
 1105         Section 31. Paragraph (a) of subsection (3) of section
 1106  526.52, Florida Statutes, is amended to read:
 1107         526.52 Specifications; adulteration and misbranding.—
 1108         (3) Brake fluid is deemed to be misbranded:
 1109         (a) If its container does not bear on its side or top a
 1110  label on which is printed the name and place of business of the
 1111  registrant of the product, the words “brake fluid,” and a
 1112  statement that the product therein equals or exceeds the minimum
 1113  specification of the Society of Automotive Engineers for brake
 1114  fluid, heavy-duty-type, the United States Department of
 1115  Transportation Motor Vehicle Safety Standard No. 116, or other
 1116  specified standard identified in department rule. By regulation
 1117  The department may require by rule that the duty-type
 1118  classification appear on the label.
 1119         Section 32. Subsections (1) and (2) of section 526.53,
 1120  Florida Statutes, are amended to read:
 1121         526.53 Enforcement; inspection and analysis, stop-sale and
 1122  disposition, regulations.—
 1123         (1) The department shall enforce the provisions of this
 1124  part through the department Division of Standards, and may
 1125  sample, inspect, analyze, and test any brake fluid manufactured,
 1126  packed, or sold within this state. The department shall have
 1127  free access during business hours to all premises, buildings,
 1128  vehicles, cars, or vessels used in the manufacture, packing,
 1129  storage, sale, or transportation of brake fluid, and may open
 1130  any box, carton, parcel, or container of brake fluid and take
 1131  samples for inspection and analysis or for evidence.
 1132         (2)(a) If When any brake fluid is sold in violation of any
 1133  of the provisions of this part, all such brake fluid of the same
 1134  brand name on the same premises on which the violation occurred
 1135  shall be placed under a stop-sale order by the department by
 1136  serving the owner of the brand name, the distributor, or other
 1137  entity responsible for selling or distributing the product in
 1138  this state with the stop-sale order. The department shall
 1139  withdraw its stop-sale order upon the removal of the violation
 1140  or upon voluntary destruction of the product, or other disposal
 1141  approved by the department, under the supervision of the
 1142  department.
 1143         (b) In addition to being subject to the stop-sale
 1144  procedures above, unregistered brake fluid shall be held by the
 1145  department or its representative, at a place to be designated in
 1146  the stop-sale order, until properly registered and released in
 1147  writing by the department or its representative. If application
 1148  has not been made for registration of such product within 30
 1149  days after issue of the stop-sale order, the department or, with
 1150  the consent of the department, the representative may give the
 1151  product that meets legal specifications such product shall be
 1152  disposed of by the department to any tax-supported institution
 1153  or agency of the state. If application has not been made for
 1154  registration of the product within 30 days after issuance of the
 1155  stop-order sale and the product fails to meet legal
 1156  specifications, the product may be disposed of as if the brake
 1157  fluid meets legal specifications or by other disposal authorized
 1158  by rule of the department if it fails to meet legal
 1159  specifications.
 1160         Section 33. Section 526.55, Florida Statutes, is amended to
 1161  read:
 1162         526.55 Violation and penalties.—
 1163         (1) It is unlawful:
 1164         (a)(1) To sell any brake fluid that is adulterated or
 1165  misbranded, not registered or on which a permit has not been
 1166  issued.
 1167         (b)(2) For anyone to remove any stop-sale order placed on a
 1168  product by the department, or any product upon which a stop-sale
 1169  order has been placed.
 1170         (2) If the department finds that a person has violated or
 1171  is operating in violation of ss. 526.50526.56 or the rules or
 1172  orders adopted thereunder, the department may, by order:
 1173         (a) Issue a notice of noncompliance pursuant to s. 120.695;
 1174         (b) Impose an administrative fine not to exceed $5,000 for
 1175  each violation;
 1176         (c) Direct that the person cease and desist specified
 1177  activities;
 1178         (d) Revoke or suspend a registration, or refuse to register
 1179  a product; or
 1180         (e) Place the registrant on probation for a period of time,
 1181  subject to conditions as the department may specify.
 1182         (3) The administrative proceedings seeking entry of an
 1183  order imposing any of the penalties specified in subsection (2)
 1184  are governed by chapter 120.
 1185         (4) If a registrant is found to be in violation of ss.
 1186  526.50-526.56 and fails to pay a fine within 30 days after
 1187  imposition of the fine, the department may suspend all
 1188  registrations issued to the registrant by the department until
 1189  the fine is paid.
 1190         (5) All fines collected by the department under this
 1191  section shall be deposited into the General Inspection Trust
 1192  Fund.
 1193         (3) Any person who violates any of the provisions of this
 1194  part or any rule or regulation promulgated thereunder shall, for
 1195  the first offense, be guilty of a misdemeanor of the second
 1196  degree, punishable as provided in s. 775.082 or s. 775.083, and,
 1197  for a second or subsequent offense, shall be guilty of a
 1198  misdemeanor of the first degree, punishable as provided in s.
 1199  775.082 or s. 775.083.
 1200         Section 34. Paragraph (b) of subsection (3) of section
 1201  539.001, Florida Statutes, is amended to read:
 1202         539.001 The Florida Pawnbroking Act.—
 1203         (3) LICENSE REQUIRED.—
 1204         (b) A licensee who seeks to move a pawnshop to another
 1205  location must give written notice 30 days’ prior written notice
 1206  to the agency at least 30 days before the move by certified or
 1207  registered mail, return receipt requested, and the agency must
 1208  then amend the license to indicate the new location. The
 1209  licensee must also give such written notice to the appropriate
 1210  law enforcement official.
 1211         Section 35. Subsection (1) of section 559.805, Florida
 1212  Statutes, is amended to read:
 1213         559.805 Filings with the department; disclosure of
 1214  advertisement identification number.—
 1215         (1) Every seller of a business opportunity shall annually
 1216  file with the department a copy of the disclosure statement
 1217  required by s. 559.803 before prior to placing an advertisement
 1218  or making any other representation designed to offer to, sell
 1219  to, or solicit an offer to buy a business opportunity from a
 1220  prospective purchaser in this state and shall update this filing
 1221  by reporting any material change in the required information
 1222  within 30 days after the material change occurs. An
 1223  advertisement is not placed in the state merely because the
 1224  publisher circulates, or there is circulated on his or her
 1225  behalf in the state, any bona fide newspaper or other
 1226  publication of general, regular, and paid circulation which has
 1227  had more than two-thirds of its circulation during the past 12
 1228  months outside the state or because a radio or television
 1229  program originating outside the state is received in the state.
 1230  If the seller is required by s. 559.807 to provide a bond or
 1231  establish a trust account or guaranteed letter of credit, he or
 1232  she shall contemporaneously file with the department a copy of
 1233  the bond, a copy of the formal notification by the depository
 1234  that the trust account is established, or a copy of the
 1235  guaranteed letter of credit. Every seller of a business
 1236  opportunity shall file with the department a list of independent
 1237  agents who will engage in the offer or sale of business
 1238  opportunities on behalf of the seller in this state. This list
 1239  must be kept current and shall include the following
 1240  information: name, home and business address, telephone number,
 1241  present employer, social security number, and birth date. A No
 1242  person may not shall be allowed to offer or sell business
 1243  opportunities unless the required information has been provided
 1244  to the department.
 1245         Section 36. Subsection (7) of section 559.904, Florida
 1246  Statutes, is amended to read:
 1247         559.904 Motor vehicle repair shop registration;
 1248  application; exemption.—
 1249         (7) Any person applying for or renewing a local business
 1250  tax receipt occupational license on or after October 1, 1993, to
 1251  engage in business as a motor vehicle repair shop must exhibit
 1252  an active registration certificate from the department before
 1253  the local business tax receipt occupational license may be
 1254  issued or renewed.
 1255         Section 37. Section 559.922, Florida Statutes, is repealed.
 1256         Section 38. Subsections (1), (3), and (4) of section
 1257  559.928, Florida Statutes, are amended to read:
 1258         559.928 Registration.—
 1259         (1) Each seller of travel shall annually register with the
 1260  department, providing: its legal business or trade name, mailing
 1261  address, and business locations; the full names, addresses, and
 1262  telephone numbers of its owners or corporate officers and
 1263  directors and the Florida agent of the corporation; a statement
 1264  whether it is a domestic or foreign corporation, its state and
 1265  date of incorporation, its charter number, and, if a foreign
 1266  corporation, the date it registered with this state the State of
 1267  Florida, and business tax receipt occupational license where
 1268  applicable; the date on which a seller of travel registered its
 1269  fictitious name if the seller of travel is operating under a
 1270  fictitious or trade name; the name of all other corporations,
 1271  business entities, and trade names through which each owner of
 1272  the seller of travel operated, was known, or did business as a
 1273  seller of travel within the preceding 5 years; a list of all
 1274  authorized independent agents, including the agent’s trade name,
 1275  full name, mailing address, business address, and telephone
 1276  numbers; the business location and address of each branch office
 1277  and full name and address of the manager or supervisor; the
 1278  certification required under s. 559.9285; and proof of purchase
 1279  of adequate bond as required in this part. A certificate
 1280  evidencing proof of registration shall be issued by the
 1281  department and must be prominently displayed in the seller of
 1282  travel’s primary place of business.
 1283         (3) Each independent agent shall annually file an affidavit
 1284  with the department prior to engaging in business in this state.
 1285  This affidavit must include the independent agent’s full name,
 1286  legal business or trade name, mailing address, business address,
 1287  telephone number, social security number, and the name or names
 1288  and address addresses of each seller of travel represented by
 1289  the independent agent. A letter evidencing proof of filing must
 1290  be issued by the department and must be prominently displayed in
 1291  the independent agent’s primary place of business. Each
 1292  independent agent must also submit an annual registration fee of
 1293  $50. All moneys collected pursuant to the imposition of the fee
 1294  shall be deposited by the Chief Financial Officer into the
 1295  General Inspection Trust Fund of the Department of Agriculture
 1296  and Consumer Services for the sole purpose of administrating
 1297  this part. As used in this subsection, the term “independent
 1298  agent” means a person who represents a seller of travel by
 1299  soliciting persons on its behalf; who has a written contract
 1300  with a seller of travel which is operating in compliance with
 1301  this part and any rules adopted thereunder; who does not receive
 1302  a fee, commission, or other valuable consideration directly from
 1303  the purchaser for the seller of travel; who does not at any time
 1304  have any unissued ticket stock or travel documents in his or her
 1305  possession; and who does not have the ability to issue tickets,
 1306  vacation certificates, or any other travel document. The term
 1307  “independent agent” does not include an affiliate of the seller
 1308  of travel, as that term is used in s. 559.935(3), or the
 1309  employees of the seller of travel or of such affiliates.
 1310         (4) Any person applying for or renewing a local business
 1311  tax receipt occupational license to engage in business as a
 1312  seller of travel must exhibit a current registration certificate
 1313  from the department before the local business tax receipt
 1314  occupational license may be issued or reissued.
 1315         Section 39. Paragraph (c) of subsection (3) of section
 1316  559.9285, Florida Statutes, is amended to read:
 1317         559.9285 Certification of business activities.—
 1318         (3) The department shall specify by rule the form of each
 1319  certification under this section which shall include the
 1320  following information:
 1321         (c) The legal name, any trade names or fictitious names,
 1322  mailing address, physical address, telephone number or numbers,
 1323  facsimile number or numbers, and all Internet and electronic
 1324  contact information of every other commercial entity with which
 1325  the certifying party engages in business or commerce that is
 1326  related in any way to the certifying party’s business or
 1327  commerce with any terrorist state. The information disclosed
 1328  pursuant to this paragraph does not constitute customer lists,
 1329  customer names, or trade secrets protected under s. 570.544(8)
 1330  570.544(7).
 1331         Section 40. Subsection (6) of section 559.935, Florida
 1332  Statutes, is amended to read:
 1333         559.935 Exemptions.—
 1334         (6) The department shall request from the Airlines
 1335  Reporting Corporation any information necessary to implement the
 1336  provisions of subsection (2). Persons claiming an exemption
 1337  under subsection (2) or subsection (3) must show a letter of
 1338  exemption from the department before a local business tax
 1339  receipt occupational license to engage in business as a seller
 1340  of travel may be issued or reissued. If the department fails to
 1341  issue a letter of exemption on a timely basis, the seller of
 1342  travel shall submit to the department, through certified mail,
 1343  an affidavit containing her or his name and address and an
 1344  explanation of the exemption sought. Such affidavit may be used
 1345  in lieu of a letter of exemption for the purpose of obtaining a
 1346  business tax receipt an occupational license. In any civil or
 1347  criminal proceeding, the burden of proving an exemption under
 1348  this section is shall be on the person claiming such exemption.
 1349  A letter of exemption issued by the department may shall not be
 1350  used in, and has shall have no bearing on, such proceedings.
 1351         Section 41. Subsection (12) of section 570.29, Florida
 1352  Statutes, is amended to read:
 1353         570.29 Departmental divisions.—The department shall include
 1354  the following divisions:
 1355         (12) Standards.
 1356         Section 42. Sections 570.46 and 570.47, Florida Statutes,
 1357  are repealed.
 1358         Section 43. Section 570.544, Florida Statutes, is amended
 1359  to read:
 1360         570.544 Division of Consumer Services; director; powers;
 1361  processing of complaints; records.—
 1362         (1) The director of the Division of Consumer Services shall
 1363  be appointed by and serve at the pleasure of the commissioner.
 1364         (2) The director shall supervise, direct, and coordinate
 1365  the activities of the division and shall, under the direction of
 1366  the department, enforce the provisions of chapters 472, 496,
 1367  501, 507, 525, 526, 527, 531, 539, 559, 616, and 849.
 1368         (3)(2) The Division of Consumer Services may:
 1369         (a) Conduct studies and make analyses of matters affecting
 1370  the interests of consumers.
 1371         (b) Study the operation of laws for consumer protection.
 1372         (c) Advise and make recommendations to the various state
 1373  agencies concerned with matters affecting consumers.
 1374         (d) Assist, advise, and cooperate with local, state, or
 1375  federal agencies and officials in order to promote the interests
 1376  of consumers.
 1377         (e) Make use of the testing and laboratory facilities of
 1378  the department for the detection of consumer fraud.
 1379         (f) Report to the appropriate law enforcement officers any
 1380  information concerning violation of consumer protection laws.
 1381         (g) Assist, develop, and conduct programs of consumer
 1382  education and consumer information through publications and
 1383  other informational and educational material prepared for
 1384  dissemination to the public, in order to increase the competence
 1385  of consumers.
 1386         (h) Organize and hold conferences on problems affecting
 1387  consumers.
 1388         (i) Recommend programs to encourage business and industry
 1389  to maintain high standards of honesty, fair business practices,
 1390  and public responsibility in the production, promotion, and sale
 1391  of consumer goods and services.
 1392         (4)(3) In addition to the powers, duties, and
 1393  responsibilities authorized by this or any other chapter, the
 1394  Division of Consumer Services shall serve as a clearinghouse for
 1395  matters relating to consumer protection, consumer information,
 1396  and consumer services generally. It shall receive complaints and
 1397  grievances from consumers and promptly transmit them to the that
 1398  agency most directly concerned in order that the complaint or
 1399  grievance may be expeditiously handled in the best interests of
 1400  the complaining consumer. If no agency exists, the Division of
 1401  Consumer Services shall seek a settlement of the complaint using
 1402  formal or informal methods of mediation and conciliation and may
 1403  seek any other resolution of the matter in accordance with its
 1404  jurisdiction.
 1405         (5)(4) If any complaint received by the Division of
 1406  Consumer Services concerns matters that which involve concurrent
 1407  jurisdiction in more than one agency, duplicate copies of the
 1408  complaint shall be referred to those offices deemed to have
 1409  concurrent jurisdiction.
 1410         (6)(5)(a) Any agency, office, bureau, division, or board of
 1411  state government receiving a complaint that which deals with
 1412  consumer fraud or consumer protection and that which is not
 1413  within the jurisdiction of the receiving agency, office, bureau,
 1414  division, or board originally receiving it, shall immediately
 1415  refer the complaint to the Division of Consumer Services.
 1416         (b) Upon receipt of such a complaint, the Division of
 1417  Consumer Services shall make a determination of the proper
 1418  jurisdiction to which the complaint relates and shall
 1419  immediately refer the complaint to the agency, office, bureau,
 1420  division, or board that which does have the proper regulatory or
 1421  enforcement authority to deal with it.
 1422         (7)(6) The office or agency to which a complaint has been
 1423  referred shall within 30 days acknowledge receipt of the
 1424  complaint. If an office or agency receiving a complaint
 1425  determines that the matter presents a prima facie case for
 1426  criminal prosecution or if the complaint cannot be settled at
 1427  the administrative level, the complaint together with all
 1428  supporting evidence shall be transmitted to the Department of
 1429  Legal Affairs or other appropriate enforcement agency with a
 1430  recommendation for civil or criminal action warranted by the
 1431  evidence.
 1432         (8)(7) The records of the Division of Consumer Services are
 1433  public records. However, customer lists, customer names, and
 1434  trade secrets are confidential and exempt from the provisions of
 1435  s. 119.07(1). Disclosure necessary to enforcement procedures
 1436  does shall not violate be construed as violative of this
 1437  prohibition.
 1438         (9)(8)It shall be the duty of The Division of Consumer
 1439  Services shall to maintain records and compile summaries and
 1440  analyses of consumer complaints and their eventual disposition,
 1441  which data may serve as a basis for recommendations to the
 1442  Legislature and to state regulatory agencies.
 1443         Section 44. Paragraph (a) of subsection (8) of section
 1444  616.242, Florida Statutes, is amended to read:
 1445         616.242 Safety standards for amusement rides.—
 1446         (8) FEES.—
 1447         (a) The department shall by rule establish fees to cover
 1448  the costs and expenditures associated with the fair rides
 1449  inspection program Bureau of Fair Rides Inspection, including
 1450  all direct and indirect costs. If there is not sufficient
 1451  general revenue appropriated by the Legislature, the industry
 1452  shall pay for the remaining cost of the program. The fees must
 1453  be deposited in the General Inspection Trust Fund.
 1454         Section 45. This act shall take effect July 1, 2012.