Florida Senate - 2014 SB 1018
By Senator Detert
28-00754A-14 20141018__
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 493.6108, F.S.;
4 removing the requirement that an applicant for private
5 investigative, private security, and repossession
6 services provide a written statement by a fingerprint
7 technician or licensed physician under certain
8 conditions; amending s. 493.6113, F.S.; revising
9 recertification training requirements for Class “G”
10 licensees; amending s. 493.6115, F.S.; adding specific
11 handguns to the list of firearms a Class “G” licensee
12 may carry while performing his or her duties; amending
13 s. 493.6305, F.S.; authorizing specified Class “D”
14 licensees to carry an authorized concealed firearm
15 under certain circumstances; amending s. 501.016,
16 F.S.; requiring a health studio to maintain a bond in
17 favor of the department, rather than the state;
18 authorizing liability for specified injuries to be
19 determined in an administrative proceeding or through
20 a civil action; providing that certain claims may be
21 paid only upon an order of the department issued in an
22 administrative proceeding; requiring that a claim
23 against the bond be filed on a form affidavit adopted
24 by rule of the department; providing the process by
25 which a consumer may file a claim against a bond or
26 other form of security; requiring a health studio to
27 pay the department indebtedness determined by final
28 order within 30 days; providing the process by which
29 the department may make a demand if the health studio
30 fails to timely make the payment; providing that the
31 department shall be awarded attorney fees and costs in
32 certain circumstances; repealing ss. 501.057,
33 501.0571, 501.0573, 501.0575, 501.0577, 501.0579, and
34 501.0581, F.S., relating to the Commercial Weight-Loss
35 Practices Act; repealing s. 501.0583, F.S., relating
36 to selling, delivering, bartering, furnishing, or
37 giving weight-loss pills to persons younger than 18
38 years of age and related penalties and defense;
39 amending s. 501.059, F.S.; prohibiting a telephone
40 solicitor or a person from initiating an outbound
41 telephone call to a consumer, a donor, or a potential
42 donor under certain circumstances; repealing s.
43 501.143, F.S., relating to the Dance Studio Act;
44 amending s. 501.603, F.S.; defining the term “novelty
45 payment”; conforming a cross-reference; amending s.
46 501.611, F.S.; requiring the bond required of a
47 commercial telephone seller to be in favor of the
48 department for the use and benefit of a purchaser who
49 is injured by specified acts; requiring that a claim
50 against the bond be filed on a form affidavit adopted
51 by rule of the department; providing procedures that a
52 purchaser must follow in filing a claim against the
53 bond or other form of security; providing for payment
54 of indebtedness by the commercial telephone seller to
55 the department; requiring the department to make
56 demand on a surety if a commercial telephone seller
57 fails to pay certain indebtedness within 30 days and
58 providing a process; providing that attorney fees and
59 costs must be awarded to the department in certain
60 circumstances; conforming provisions to changes made
61 by the act; amending s. 501.616, F.S.; prohibiting a
62 commercial telephone seller or salesperson from
63 accepting a novelty payment; deleting a provision that
64 prohibits a commercial telephone seller or salesperson
65 from requiring payment to be made by credit card;
66 amending s. 501.913, F.S.; providing that the
67 registration certificate for each brand of antifreeze
68 distributed in this state expires 1 year from the date
69 of issue; amending s. 525.16, F.S.; requiring all
70 previous fines to be disregarded if a new violation of
71 provisions relating to gasoline and oil inspections
72 has not occurred within 3 years after the date of a
73 previous violation; creating s. 526.015, F.S.,
74 relating to lubricating oil standards and labeling
75 requirements; prohibiting a person from selling,
76 distributing, or offering for sale or distribution
77 lubricating oil that does not meet specified standards
78 or labeling requirements; requiring such noncompliant
79 products to be placed under a stop-sale order and the
80 lot identified and tagged by the department;
81 prohibiting a person from selling, distributing, or
82 offering for sale or distribution a product under
83 stop-sale order; requiring the department to issue a
84 release order under certain circumstances; repealing
85 s. 526.50(6), F.S., relating to definition of terms
86 related to the sale of brake fluid; amending s.
87 526.51, F.S.; providing that a permit authorizing a
88 registrant to sell brake fluid in this state is valid
89 for a specified period from the date of issue;
90 conforming provisions to changes made by the act;
91 amending s. 539.001, F.S.; requiring that a claim
92 against the bond be filed on a form affidavit adopted
93 by rule of the department; providing the procedure
94 that a consumer must follow in filing a claim against
95 a bond or other form of security filed with the
96 department by a pawnbroker; providing for payment of
97 indebtedness by the pawnbroker to the department;
98 providing the procedure that a consumer must follow if
99 the pawnbroker fails to make the payment; providing
100 that the agency shall be awarded attorney fees and
101 costs in certain circumstances; requiring the weight
102 of a precious metal to be obtained from a device that
103 meets specified requirements; amending s. 559.929,
104 F.S.; requiring that a claim against the bond be filed
105 on a form affidavit adopted by rule of the department;
106 providing the procedure that a consumer must follow in
107 filing a claim against a bond or other form of
108 security filed with the department by a seller of
109 travel; providing for payment of indebtedness by the
110 seller of travel to the department; providing
111 procedures that the agency must follow if the seller
112 of travel fails to pay certain indebtedness within 30
113 days and providing a process; providing that the
114 agency shall be awarded attorney fees and costs in
115 certain circumstances; amending s. 570.07, F.S.;
116 revising the duties of the department to include
117 specified notification procedures by the Division of
118 Licensing when an administrative complaint is served
119 on a licensee; amending s. 943.059, F.S.; providing an
120 exception relating to the acknowledgement of arrests
121 covered by a sealed criminal history record for a
122 person seeking to be licensed to carry a concealed
123 weapon or concealed firearm; providing applicability;
124 amending ss. 205.1969 and 501.015, F.S.; conforming
125 cross-references; providing an effective date.
126
127 Be It Enacted by the Legislature of the State of Florida:
128
129 Section 1. Paragraph (a) of subsection (1) of section
130 493.6108, Florida Statutes, is amended to read:
131 493.6108 Investigation of applicants by Department of
132 Agriculture and Consumer Services.—
133 (1) Except as otherwise provided, the department must
134 investigate an applicant for a license under this chapter before
135 it may issue the license. The investigation must include:
136 (a)1. An examination of fingerprint records and police
137 records. If a criminal history record check of an any applicant
138 under this chapter is performed by means of fingerprint
139 identification, the time limitations prescribed by s. 120.60(1)
140 shall be tolled while during the time the applicant’s
141 fingerprints are under review by the Department of Law
142 Enforcement or the United States Department of Justice, Federal
143 Bureau of Investigation.
144 2. If a legible set of fingerprints, as determined by the
145 Department of Law Enforcement or the Federal Bureau of
146 Investigation, cannot be obtained after two attempts, the
147 Department of Agriculture and Consumer Services may determine
148 the applicant’s eligibility based on upon a Department of Law
149 Enforcement criminal history record check under the applicant’s
150 name conducted by the Department of Law Enforcement if the
151 fingerprints are taken by a law enforcement agency or the
152 department and the applicant submits a written statement signed
153 by the fingerprint technician or a licensed physician stating
154 that there is a physical condition that precludes obtaining a
155 legible set of fingerprints or that the fingerprints taken are
156 the best that can be obtained.
157 Section 2. Paragraph (b) of subsection (3) of section
158 493.6113, Florida Statutes, is amended to read:
159 493.6113 Renewal application for licensure.—
160 (3) Each licensee is responsible for renewing his or her
161 license on or before its expiration by filing with the
162 department an application for renewal accompanied by payment of
163 the prescribed license fee.
164 (b) Each Class “G” licensee shall additionally submit proof
165 that he or she has received during each year of the license
166 period a minimum of 4 hours of firearms recertification training
167 taught by a Class “K” licensee and has complied with such other
168 health and training requirements that which the department
169 adopts shall adopt by rule. Proof of completion of firearms
170 recertification training shall be submitted to the department
171 upon completion of the training. If the licensee fails to
172 complete the required 4 hours of annual training during
173 documentation of completion of the required training is not
174 submitted by the end of the first year of the 2-year term of the
175 license, the individual’s license shall be automatically
176 suspended until proof of the required training is submitted to
177 the department. The licensee must complete the minimum number of
178 hours of range and classroom training required at the time of
179 initial licensure and submit proof of having completed such
180 training to the department before the license may be reinstated.
181 If the licensee fails to complete the required 4 hours of annual
182 training during documentation of completion of the required
183 training is not submitted by the end of the second year of the
184 2-year term of the license, the licensee must complete the
185 minimum number of hours of range and classroom training required
186 at the time of initial licensure and submit proof of having
187 completed such training to the department before the license may
188 shall not be renewed unless the renewal applicant completes the
189 minimum number of hours of range and classroom training required
190 at the time of initial licensure. The department may waive the
191 firearms training requirement if:
192 1. The applicant provides proof that he or she is currently
193 certified as a law enforcement officer or correctional officer
194 under the Criminal Justice Standards and Training Commission and
195 has completed law enforcement firearms requalification training
196 annually during the previous 2 years of the licensure period;
197 2. The applicant provides proof that he or she is currently
198 certified as a federal law enforcement officer and has received
199 law enforcement firearms training administered by a federal law
200 enforcement agency annually during the previous 2 years of the
201 licensure period; or
202 3. The applicant submits a valid firearm certificate among
203 those specified in s. 493.6105(6)(a) and provides proof of
204 having completed requalification training during the previous 2
205 years of the licensure period.
206 Section 3. Subsection (6) of section 493.6115, Florida
207 Statutes, is amended to read:
208 493.6115 Weapons and firearms.—
209 (6) In addition to any other firearm approved by the
210 department, a licensee who has been issued a Class “G” license
211 may carry a .38 caliber revolver; or a .380 caliber or 9
212 millimeter semiautomatic pistol; or a .357 caliber revolver with
213 .38 caliber ammunition only; a .40 caliber handgun; or a .45 ACP
214 handgun while performing duties authorized under this chapter. A
215 No licensee may not carry more than two firearms upon her or his
216 person when performing her or his duties. A licensee may only
217 carry a firearm of the specific type and caliber with which she
218 or he is qualified pursuant to the firearms training described
219 referenced in subsection (8) or s. 493.6113(3)(b).
220 Section 4. Subsection (4) is added to section 493.6305,
221 Florida Statutes, to read:
222 493.6305 Uniforms, required wear; exceptions.—
223 (4) Class “D” licensees who are also Class “G” licensees
224 and who are performing bodyguard or executive protection
225 services may carry their authorized firearm concealed while
226 wearing plain clothes as needed to provide contracted services
227 to the client.
228 Section 5. Section 501.016, Florida Statutes, is amended to
229 read:
230 501.016 Health studios; security requirements.—Each health
231 studio that sells contracts for health studio services shall
232 meet the following requirements:
233 (1) Each health studio shall maintain for each separate
234 business location a bond issued by a surety company admitted to
235 do business in this state. The principal sum of the bond must
236 shall be $25,000, and the bond, when required, must shall be
237 obtained before a business tax receipt may be issued under
238 chapter 205. Upon issuance of a business tax receipt, the
239 licensing authority shall immediately notify the department of
240 such issuance in a manner established by the department by rule.
241 The bond must shall be in favor of the department state for the
242 benefit of any person injured as a result of a violation of ss.
243 501.012-501.019. Liability for such injuries may be determined
244 in an administrative proceeding of the department pursuant to
245 chapter 120 or through a civil action. However, claims against
246 the bond or certificate of deposit may be paid, in amounts up to
247 the determined liability for such injuries, only by order of the
248 department in an administrative proceeding pursuant to chapter
249 120. The aggregate liability of the surety to all persons for
250 all breaches of the conditions of the bonds provided by this
251 section may not herein shall in no event exceed the amount of
252 the bond. The original surety bond required by this section
253 shall be filed with the department on a form adopted by
254 department rule.
255 (2) In lieu of maintaining the bond required in subsection
256 (1), the health studio may furnish to the department on a form
257 adopted by department rule:
258 (a) An irrevocable letter of credit from any foreign or
259 domestic bank in the amount of $25,000; or
260 (b) A guaranty agreement that is secured by a certificate
261 of deposit in the amount of $25,000.
262
263 The original letter of credit or certificate of deposit
264 submitted in lieu of the bond shall be filed with the
265 department. The department shall decide whether the security
266 furnished in lieu of bond by the health studio complies is in
267 compliance with the requirements of this section.
268 (3) A consumer may file a claim against the bond or other
269 form of security. Such claim must be submitted to the department
270 in writing on a form affidavit approved by department rule
271 within 120 days after an alleged injury has occurred or is
272 discovered to have occurred or a judgment has been entered. The
273 proceedings shall be conducted in accordance with chapter 120.
274 For proceedings conducted under ss. 120.569 and 120.57, the
275 department may act only as a nominal party.
276 (4) The health studio shall pay to the department for
277 distribution to the consumer any indebtedness determined by
278 final order of the department within 30 days after the order is
279 entered. If the health studio fails to make timely payment, the
280 department shall make demand upon the surety, which may include
281 an institution issuing a letter of credit or depository on a
282 certificate of deposit. If a surety fails to comply with a
283 demand for payment issued pursuant to a final order, the
284 department may file an action in circuit court pursuant to s.
285 120.69 to recover payment up to the amount of the bond or other
286 form of security. If the court affirms the department’s demand
287 for payment from the surety, the department shall be awarded
288 court costs and reasonable attorney fees.
289 (5)(3) A health studio that which sells contracts for
290 future health studio services and which collects direct payment
291 on a monthly basis for those services is shall be exempt from
292 the security requirements of subsections (1) and (2) if provided
293 that any service fee charged is a reasonable and fair service
294 fee. The number of monthly payments in such a contract must
295 shall be equal to the number of months in the contract. The
296 contract must shall conform to all the requirements for future
297 health studio services contracts as specified in ss. 501.012
298 501.019 and must shall specify in the terms of the contract the
299 charges to be assessed for those health studio services.
300 (6)(4) If the health studio furnishes the department with
301 evidence satisfactory to the department that the aggregate
302 dollar amount of all current outstanding contracts of the health
303 studio is less than $5,000, the department may, at its
304 discretion, reduce the principal amount of the surety bond or
305 other sufficient financial responsibility required in
306 subsections (1) and (2) to a sum of at least not less than
307 $10,000. However, at any time the aggregate dollar amount of
308 such contracts exceeds $5,000, the health studio shall so notify
309 the department and shall thereupon provide the bond or other
310 documentation as required in subsections (1) and (2). Health
311 studios whose bonds have been reduced shall must provide the
312 department with an annually updated list of members. Failure to
313 file an annual report will result in The department shall
314 increase raising the security requirement to $25,000 for a
315 health studio that fails to file an annual report.
316 (7)(5) Each health studio shall furnish the department with
317 a copy of the escrow account which would contain all funds
318 received for future consumer services, whether provided under by
319 contract or otherwise, sold before prior to the business
320 location’s full operation and specify a date certain for
321 opening, if such an escrow account is established.
322 (8)(6) Subsections (1) and (2) do shall not apply to a
323 health studio that has been operating in compliance with ss.
324 501.012-501.019 and rules adopted thereunder, continuously under
325 the same ownership and control, continuously for the most recent
326 5-year period; in compliance with ss. 501.012-501.019 and the
327 rules adopted thereunder and that has not had any civil,
328 criminal, or administrative adjudication against it by any state
329 or federal agency; and that has a satisfactory consumer
330 complaint history. As used in this subsection, the term
331 “satisfactory consumer complaint history” means that there are
332 no unresolved consumer complaints regarding the health studio
333 are on file with the department. A consumer complaint is
334 unresolved if a health studio has not responded to the
335 department’s efforts to mediate the complaint or if there has
336 been an adjudication that the health studio has violated ss.
337 501.012-501.019 or the rules adopted thereunder. Such exemption
338 extends to all current and future business locations of an
339 exempt health studio.
340 (9)(7) This section does not apply to a business, otherwise
341 defined as a health studio, which sells a single contract of 30
342 days or less to a any member without any option for renewal or
343 any other condition that which establishes any right in the
344 member beyond the term of such contract is exempt from the
345 provisions of this section. However, this exemption does shall
346 not apply if the business offers any other health studio
347 contract, regardless of whatever duration, at any time before or
348 during or prior to the existence of such single contract of 30
349 days or less.
350 (10)(8) Except in the case of a natural disaster or an act
351 of God, a health studio that is exempt from the requirements of
352 subsections (1) and (2), but does not have any that has no
353 business locations open for 14 consecutive days, waives its
354 exemption and is considered to be a new health studio for the
355 purposes of ss. 501.012-501.019.
356 Section 6. Sections 501.057, 501.0571, 501.0573, 501.0575,
357 501.0577, 501.0579, and 509.0581, Florida Statutes, are
358 repealed.
359 Section 7. Section 501.0583, Florida Statutes, is repealed.
360 Section 8. Subsection (5) of section 501.059, Florida
361 Statutes, is amended to read:
362 501.059 Telephone solicitation.—
363 (5) A telephone solicitor or person may not initiate an
364 outbound telephone call to a consumer, donor, or potential donor
365 who has previously communicated to the telephone solicitor or
366 person that he or she does not wish to receive an outbound
367 telephone call:
368 (a) Made by or on behalf of the seller whose goods or
369 services are being offered; or
370 (b) Made on behalf of a charitable organization for which a
371 charitable contribution is being solicited.
372 Section 9. Section 501.143, Florida Statutes, is repealed.
373 Section 10. Present subsections (8) through (11) of section
374 501.603, Florida Statutes, are redesignated as subsections (9)
375 through (12), respectively, a new subsection (8) is added to
376 that section, and subsection (2) of that section is amended, to
377 read:
378 501.603 Definitions.—As used in this part, unless the
379 context otherwise requires, the term:
380 (2) “Commercial telephone seller” means a person who
381 engages in commercial telephone solicitation on his or her own
382 behalf or through salespersons. The term, except that a
383 commercial telephone seller does not include a salesperson as
384 defined in subsection (11) or a person or entity operating under
385 a valid affidavit of exemption filed with the department
386 according to s. 501.608(1)(b) or exempted from this part by s.
387 501.604. The term A commercial telephone seller does not include
388 a salesperson as defined in subsection (10). A commercial
389 telephone seller includes, but is not limited to, owners,
390 operators, officers, directors, partners, or other individuals
391 engaged in the management activities of a business entity
392 pursuant to this part.
393 (8) “Novelty payment” means a payment method that does not
394 provide a means of systematic monitoring to detect and deter
395 fraud. The term includes, but is not limited to, the following
396 payment devices:
397 (a) A remotely created check, which is a check that is not
398 created by the paying bank and that does not bear the signature
399 of the person on whose account the check is drawn.
400 (b) A remotely created payment order, which is a payment
401 instruction or order drawn on a person’s account which is
402 initiated or created by the payee and which does not bear the
403 signature of the person on whose account the order is drawn and
404 which is cleared through the check clearing system.
405 (c) A cash-to-cash money transfer, which is the electronic
406 transfer of the value of cash received from one person to
407 another person in a different location which is sent by a money
408 transfer provider and received in the form of cash. As used in
409 this paragraph, the term “money transfer provider” means a
410 person or financial institution that provides cash-to-cash money
411 transfers for a person in the normal course of business,
412 regardless of whether the person holds an account with such
413 person or financial institution.
414 (d) A cash reload mechanism, which is a system that makes
415 it possible to convert cash into an electronic form which a
416 person can use to add money to a general-use prepaid card or an
417 online account with a payment intermediary. As used in this
418 paragraph, the term “mechanism” means a system that is purchased
419 by a person on a prepaid basis, that enables access to the funds
420 via an authorization code or other security measure, and that is
421 not directly used as a general-use prepaid card.
422 Section 11. Section 501.611, Florida Statutes, is amended
423 to read:
424 501.611 Security.—
425 (1) An application filed pursuant to s. 501.605 must be
426 accompanied by:
427 (a) A bond executed by a corporate surety approved by the
428 department and licensed to do business in this state;
429 (b) An irrevocable letter of credit issued for the benefit
430 of the applicant by a bank whose deposits are insured by an
431 agency of the Federal Government; or
432 (c) A certificate of deposit in a financial institution
433 insured by an agency of the Federal Government, which may be
434 withdrawn only on the order of the department, except that the
435 interest may accrue to the applicant.
436 (2) The amount of the bond, letter of credit, or
437 certificate of deposit must be a minimum of $50,000, and the
438 bond, letter of credit, or certificate of deposit must be in
439 favor of the department for the use and benefit of any purchaser
440 who is injured by the fraud, misrepresentation, breach of
441 contract, financial failure, or violation of this part by the
442 applicant must be conditioned upon compliance by the applicant
443 with the provisions of this part. The department may, at its
444 discretion, establish a bond of a greater amount to ensure the
445 general welfare of the public and the interests of the
446 telemarketing industry.
447 (3) The bond shall be posted with the department on a form
448 adopted by and shall remain in force throughout the period of
449 licensure with the department rule and shall remain in force
450 throughout the period of licensure.
451 (4) The department or a any governmental agency, on behalf
452 of an any injured purchaser or a any purchaser herself or
453 himself who is injured by the bankruptcy of the applicant or her
454 or his breach of any agreement entered into in her or his
455 capacity as a licensee, may bring and maintain an action to
456 recover against the bond, letter of credit, or certificate of
457 deposit.
458 (5) A purchaser may file a claim against the bond or other
459 form of security. Such claim must be submitted to the department
460 in writing on a form affidavit approved by department rule
461 within 120 days after an alleged injury has occurred or is
462 discovered to have occurred or a judgment has been entered. The
463 proceedings shall be conducted in accordance with chapter 120.
464 For proceedings conducted under ss. 120.569 and 120.57, the
465 department must act only as a nominal party.
466 (6) The commercial telephone seller shall pay to the
467 department for distribution to the consumer any indebtedness
468 determined by final order of the department within 30 days after
469 the order is entered. If the commercial telephone seller fails
470 to make timely payment, the department shall make demand upon
471 the surety, which may include an institution issuing a letter of
472 credit or depository on a certificate of deposit. If a surety
473 fails to comply with a demand for payment issued pursuant to a
474 final order, the department may file an action in circuit court
475 pursuant to s. 120.69 to recover payment up to the amount of the
476 bond or other form of security. If the court affirms the
477 department’s demand for payment from the surety, the department
478 shall be awarded all court costs and reasonable attorney fees.
479 Section 12. Section 501.616, Florida Statutes, is amended
480 to read:
481 501.616 Unlawful acts and practices.—
482 (1) A It shall be unlawful for any commercial telephone
483 seller or salesperson may not accept a novelty payment, directly
484 or indirectly, which includes, but is not limited to, a cash-to
485 cash money transfer, cash reload mechanism, remotely created
486 check, remotely created payment order, or other novelty payment
487 as defined by rule of the department as payment for goods or
488 services offered or sold through telemarketing to require that
489 payment be by credit card authorization or otherwise to announce
490 a preference for that method of payment.
491 (2) A It shall be unlawful for any commercial telephone
492 seller may not to employ, or be affiliated with an, any
493 unlicensed salesperson.
494 (3) A It shall be unlawful for any salesperson may not to
495 be employed by, or affiliated with, an unlicensed commercial
496 telephone seller.
497 (4) A It shall be unlawful for any commercial telephone
498 seller or salesperson must to be licensed unlicensed.
499 (5) A It shall be unlawful for any salesperson or
500 commercial telephone seller may not to otherwise violate the
501 provisions of this part.
502 (6) A It shall be unlawful for any commercial telephone
503 seller or salesperson may not to make a commercial telephone
504 solicitation phone call before 8 8:00 a.m. or after 9 9:00 p.m.
505 local time at the called person’s location.
506 (7) A It shall be unlawful for any commercial telephone
507 seller or salesperson making a commercial telephone solicitation
508 call may not intentionally act telephonic solicitations to take
509 any intentional action to prevent transmission of the telephone
510 solicitor’s name or telephone number to the party called when
511 the equipment or service used by the telephone solicitor is
512 capable of creating and transmitting the telephone solicitor’s
513 name or telephone number.
514 Section 13. Subsection (1) of section 501.913, Florida
515 Statutes, is amended to read:
516 501.913 Registration.—
517 (1) Each brand of antifreeze to be distributed in this
518 state shall be registered with the department before
519 distribution. The person whose name appears on the label, the
520 manufacturer, or the packager shall make application annually to
521 the department on forms provided by the department no later than
522 July 1 of each year. The registration certificate expires 1 year
523 from the date of issue. The registrant assumes, by application
524 to register the brand, full responsibility for the registration
525 and the, quality, and quantity of the product sold, offered, or
526 exposed for sale in this state. If a registered brand is not in
527 production for distribution in this state, and to ensure any
528 remaining product that is still available for sale in this the
529 state is properly registered, the registrant must submit a
530 notarized affidavit on company letterhead to the department
531 certifying that:
532 (a) The stated brand is no longer in production;
533 (b) The stated brand will not be distributed in this state;
534 and
535 (c) All existing product of the stated brand will be
536 removed by the registrant from the state within 30 days after
537 expiration of the registration or the registrant will reregister
538 the brand for two subsequent registration periods.
539
540 If production resumes, the brand must be reregistered before it
541 is distributed in this state.
542 Section 14. Paragraph (b) of subsection (1) of section
543 525.16, Florida Statutes, is amended to read:
544 525.16 Administrative fine; penalties; prosecution of cases
545 by state attorney.—
546 (1)
547 (b) If a, 3 years after the day of issuance of the last
548 stop-sale order for a violation under this chapter, no new
549 violation does not occur has occurred at the same location while
550 the business is under the same during the proprietorship within
551 3 years after the date of issuance of the last previous stop
552 sale order of the same person, all previous fines shall be
553 disregarded when administering a fine for a new the next
554 violation.
555 Section 15. Section 526.015, Florida Statutes, is created
556 to read:
557 526.015 Lubricating oil standards; labeling requirements.—
558 (1) A person may not sell or distribute, or offer for sale
559 or distribution, a lubricating oil that fails to meet a standard
560 or labeling requirement adopted by rule of the department.
561 (2) A product that fails to meet a standard or labeling
562 requirement adopted by rule of the department shall be placed
563 under a stop-sale order by the department, and the lot number of
564 the product shall be identified and tagged by the department to
565 prevent its sale.
566 (3) A person may not sell or distribute, or offer for sale
567 or distribution, a product that has been placed under a stop
568 sale order.
569 (4) If a product is made to conform to standards and
570 labeling requirements or is removed from the premises in a
571 manner approved by the department, the department shall issue a
572 release order.
573 Section 16. Subsection (6) of section 526.50, Florida
574 Statutes, is repealed.
575 Section 17. Subsection (1) of section 526.51, Florida
576 Statutes, is amended to read:
577 526.51 Registration; renewal and fees; departmental
578 expenses; cancellation or refusal to issue or renew.—
579 (1)(a) Application for registration of each brand of brake
580 fluid shall be made on forms supplied by the department. The
581 applicant shall provide give his or her name and address, and
582 the brand name of the brake fluid, the state in which that he or
583 she owns the brand name and has complete control over the
584 product sold thereunder in this state, and provide the name and
585 address of the resident agent in this state. If the applicant
586 does not own the brand name but wishes to register the product
587 with the department, a notarized affidavit that gives the
588 applicant full authorization to register the brand name, which
589 must be and that is signed by the owner of the brand name, must
590 accompany the application for registration. The affidavit must
591 include all affected brand names, the owner’s company or
592 corporate name and address, the applicant’s company or corporate
593 name and address, and a statement from the owner authorizing the
594 applicant to register the product with the department. The owner
595 of the brand name shall maintain complete control over each
596 product sold under that brand name in this state. All first-time
597 applications for a brand and formula combination must be
598 accompanied by a certified report from an independent testing
599 laboratory, setting forth the analysis of the brake fluid which
600 shows its quality meets to be not less than the minimum
601 specifications established by the department for brake fluids. A
602 sample of at least not less than 24 fluid ounces of brake fluid
603 shall be submitted, in a container labeled in the same manner
604 that it or containers, with labels representing exactly how the
605 containers of brake fluid will be labeled when sold, and the
606 sample and container shall be analyzed and inspected by the
607 department in order to verify that compliance with the
608 department’s specifications and labeling requirements may be
609 verified. Upon approval of the application, the department shall
610 register the brand name of the brake fluid and issue to the
611 applicant a permit, valid for 1 year from the date of issue,
612 authorizing the registrant to sell the brake fluid in this state
613 during the permit year specified in the permit.
614 (b) An Each applicant shall pay a fee of $100 with each
615 application. A permit may be renewed by application to the
616 department, accompanied by a renewal fee of $50, on or before
617 the expiration of the previously issued last day of the permit
618 year immediately preceding the permit year for which application
619 is made for renewal of registration. To reregister a previously
620 registered brand and formula combination, an applicant must
621 submit a completed application and all materials as required in
622 this section to the department before the expiration of the
623 previously issued first day of the permit year. A brand and
624 formula combination for which a completed application and all
625 materials required in this section are not received before the
626 expiration of the previously issued first day of the permit year
627 may not be registered with the department until a completed
628 application and all materials required in this section have been
629 received and approved. If the brand and formula combination was
630 previously registered with the department and a fee,
631 application, or materials required in this section are received
632 after the expiration of the previously issued first day of the
633 permit year, a penalty of $25 accrues, which shall be added to
634 the fee. Renewals shall be accepted only on brake fluids that do
635 not have a no change in formula, composition, or brand name. A
636 Any change in formula, composition, or brand name of a any brake
637 fluid constitutes a new product that must be registered in
638 accordance with this part.
639 (c) If a registered brand and formula combination is no
640 longer in production for distribution in this state, in order to
641 ensure that any remaining product still available for sale in
642 this state is properly registered, if a registered brand and
643 formula combination is no longer in production for distribution
644 in this state, the registrant must submit a notarized affidavit
645 on company letterhead to the department certifying that:
646 1. The stated brand and formula combination is no longer in
647 production;
648 2. The stated brand and formula combination will not be
649 distributed in this state; and
650 3. Either all existing product of the stated brand and
651 formula combination will be removed by the registrant from the
652 state within 30 days after the expiration of the registration or
653 that the registrant will reregister the brand and formula
654 combination for 2 two subsequent years registration periods.
655
656 If production resumes, the brand and formula combination must be
657 reregistered before it is again distributed in this state.
658 Section 18. Paragraph (a) of subsection (4), paragraphs (b)
659 and (d) of subsection (7), and paragraph (b) of subsection (8)
660 of section 539.001, Florida Statutes, are amended to read:
661 539.001 The Florida Pawnbroking Act.—
662 (4) ELIGIBILITY FOR LICENSE.—
663 (a) To be eligible for a pawnbroker’s license, an applicant
664 must:
665 1. Be of good moral character;
666 2. Have a net worth of at least $50,000 or file with the
667 agency a bond, issued by a surety company qualified to do
668 business in this state, in the amount of $10,000 for each
669 license. In lieu of the bond required in this section, the
670 applicant may establish a certificate of deposit or an
671 irrevocable letter of credit in a Florida banking institution in
672 the amount of the bond. The original bond, certificate of
673 deposit, or letter of credit shall be filed with the agency on a
674 form adopted by agency rule, and the agency shall be the
675 beneficiary to said document. The bond, certificate of deposit,
676 or letter of credit must shall be in favor of the agency for the
677 use and benefit of any consumer who is injured by the fraud,
678 misrepresentation, breach of contract, financial failure, or
679 violation of any provision of this section by the pawnbroker.
680 Such liability may be enforced either by proceeding in an
681 administrative action or by filing a judicial suit at law in a
682 court of competent jurisdiction. However, in such court suit,
683 the bond, certificate of deposit, or letter of credit posted
684 with the agency may shall not be amenable or subject to any
685 judgment or other legal process issuing out of or from such
686 court in connection with such lawsuit, but such bond,
687 certificate of deposit, or letter of credit shall be amenable to
688 and enforceable only by and through administrative proceedings
689 before the agency. It is the intent of the Legislature that such
690 bond, certificate of deposit, or letter of credit shall be
691 applicable and liable only for the payment of claims duly
692 adjudicated by order of the agency. The bond, certificate of
693 deposit, or letter of credit shall be payable on a pro rata
694 basis as determined by the agency, but the aggregate amount may
695 not exceed the amount of the bond, certificate of deposit, or
696 letter of credit. A consumer may file a claim against the bond,
697 certificate of deposit, or letter of credit. Such claim must be
698 submitted in writing to the agency on a form affidavit approved
699 by agency rule within 120 days after an alleged injury has
700 occurred or is discovered to have occurred or a judgment has
701 been entered. The proceedings shall be conducted in accordance
702 with chapter 120. For proceedings conducted under ss. 120.569
703 and 120.57, the agency may act only as a nominal party. The
704 pawnbroker shall pay to the agency for distribution to the
705 consumer any indebtedness determined by final order of the
706 agency within 30 days after the order is entered. If the
707 pawnbroker fails to make timely payment, the agency shall make
708 demand upon the surety, which includes an institution issuing a
709 letter of credit or depository on a certificate of deposit. If a
710 surety fails to comply with a demand for payment pursuant to a
711 final order, the agency may file an action pursuant to s. 120.69
712 in circuit court to recover payment, up to the amount of the
713 bond or other form of security. If the agency is successful and
714 the court affirms the agency’s demand for payment from the
715 surety, the agency shall be awarded all court costs and
716 reasonable attorney fees;
717 3. Not have been convicted of, or found guilty of, or pled
718 guilty or nolo contendere to, or not have been incarcerated
719 within the last 10 years as a result of having previously been
720 convicted of, or found guilty of, or pled guilty or nolo
721 contendere to, regardless of adjudication, a felony within the
722 last 10 years and not be acting as a beneficial owner for
723 someone who has been convicted of, or found guilty of, or pled
724 guilty or nolo contendere to, regardless of adjudication, a
725 felony within the last 10 years; and
726 4. Not have been convicted of, or found guilty of, or pled
727 guilty or nolo contendere to, or not have been incarcerated
728 within the last 10 years as a result of having previously been
729 convicted of, or found guilty of, or pled guilty or nolo
730 contendere to, regardless of adjudication, a crime that involves
731 theft, larceny, dealing in stolen property, receiving stolen
732 property, burglary, embezzlement, obtaining property by false
733 pretenses, possession of altered property, or any other
734 fraudulent or dishonest dealing within the last 10 years, and
735 not be acting as a beneficial owner for someone who has been
736 convicted, of, or found guilty of, or pled guilty or nolo
737 contendere to, or has been incarcerated within the last 10 years
738 as a result of having previously been convicted of, or found
739 guilty of, or pled guilty or nolo contendere to, regardless of
740 adjudication, a crime that involves theft, larceny, dealing in
741 stolen property, receiving stolen property, burglary,
742 embezzlement, obtaining property by false pretenses, possession
743 of altered property, or any other fraudulent or dishonest
744 dealing within the last 10 years.
745 (7) ORDERS IMPOSING PENALTIES.—
746 (b) Upon a finding as set forth in paragraph (a), the
747 agency may enter an order doing one or more of the following:
748 1. Issuing a notice of noncompliance pursuant to s.
749 120.695.
750 2. Imposing an administrative fine of up to not to exceed
751 $5,000 for each act that which constitutes a violation of this
752 section, or a rule, or an order.
753 3. Directing that the pawnbroker cease and desist specified
754 activities.
755 4. Refusing to license or revoking or suspending a license.
756 5. Placing the licensee on probation for a period of time,
757 subject to such conditions as the agency may specify.
758 (d)1. When the agency, If a violation of this section
759 occurs and the agency has reasonable cause to believe that a
760 person is operating in violation of this section, has reasonable
761 cause to believe that a person is operating in violation of this
762 section, the agency may bring a civil action in the appropriate
763 court for temporary or permanent injunctive relief and may seek
764 other appropriate civil relief, including a civil penalty of up
765 to not to exceed $5,000 for each violation, restitution and
766 damages for injured customers, court costs, and reasonable
767 attorney attorney’s fees.
768 2. The agency may terminate an any investigation or action
769 upon agreement by the offender to pay a stipulated civil
770 penalty, to make restitution or pay damages to customers, or to
771 satisfy any other relief authorized in this section herein and
772 requested by the agency.
773 (8) PAWNBROKER TRANSACTION FORM.—
774 (b) The front of the pawnbroker transaction form must
775 include:
776 1. The name and address of the pawnshop.
777 2. A complete and accurate description of the pledged goods
778 or purchased goods, including the following information, if
779 applicable:
780 a. Brand name.
781 b. Model number.
782 c. Manufacturer’s serial number.
783 d. Size.
784 e. Color, as apparent to the untrained eye.
785 f. Precious metal type, weight, and content, if known.
786 Weight shall be obtained from a device properly approved by the
787 agency and in compliance with ss. 531.39 and 531.40, and any
788 other provision of chapter 531.
789 g. Gemstone description, including the number of stones.
790 h. In the case of firearms, the type of action, caliber or
791 gauge, number of barrels, barrel length, and finish.
792 i. Any other unique identifying marks, numbers, names, or
793 letters.
794
795 Notwithstanding sub-subparagraphs a.-i., in the case of multiple
796 items of a similar nature delivered together in one transaction
797 which do not bear serial or model numbers and which do not
798 include precious metal or gemstones, such as musical or video
799 recordings, books, and hand tools, the description of the items
800 is adequate if it contains the quantity of items and a
801 description of the type of items delivered.
802 3. The name, address, home telephone number, place of
803 employment, date of birth, physical description, and right
804 thumbprint of the pledgor or seller.
805 4. The date and time of the transaction.
806 5. The type of identification accepted from the pledgor or
807 seller, including the issuing agency and the identification
808 number.
809 6. In the case of a pawn:
810 a. The amount of money advanced, which must be designated
811 as the amount financed;
812 b. The maturity date of the pawn, which must be 30 days
813 after the date of the pawn;
814 c. The default date of the pawn and the amount due on the
815 default date;
816 d. The total pawn service charge payable on the maturity
817 date, which must be designated as the finance charge;
818 e. The amount financed plus the finance charge that must be
819 paid to redeem the pledged goods on the maturity date, which
820 must be designated as the total of payments;
821 f. The annual percentage rate, computed according to the
822 regulations adopted by the Federal Reserve Board under the
823 federal Truth in Lending Act; and
824 g. The front or back of the pawnbroker transaction form
825 must include a statement that:
826 (I) Any personal property pledged to a pawnbroker within
827 this state which is not redeemed within 30 days after following
828 the maturity date of the pawn, or if the 30th day is not a
829 business day, then the following business day, is automatically
830 forfeited to the pawnbroker, and absolute right, title, and
831 interest in and to the property vests in and is deemed conveyed
832 to the pawnbroker by operation of law, and no further notice is
833 not necessary;
834 (II) The pledgor is not obligated to redeem the pledged
835 goods; and
836 (III) If the pawnbroker transaction form is lost,
837 destroyed, or stolen, the pledgor must immediately advise the
838 issuing pawnbroker in writing by certified or registered mail,
839 return receipt requested, or in person evidenced by a signed
840 receipt.
841 (IV) A pawn may be extended upon mutual agreement of the
842 parties.
843 7. In the case of a purchase, the amount of money paid for
844 the goods or the monetary value assigned to the goods in
845 connection with the transaction.
846 8. A statement that the pledgor or seller of the item
847 represents and warrants that it is not stolen, that it has no
848 liens or encumbrances against it, and that the pledgor or seller
849 is the rightful owner of the goods and has the right to enter
850 into the transaction.
851
852 A Any person who knowingly gives false verification of ownership
853 or gives a false or altered identification and who receives
854 money from a pawnbroker for goods sold or pledged commits:
855 a. If the value of the money received is less than $300, a
856 felony of the third degree, punishable as provided in s.
857 775.082, s. 775.083, or s. 775.084.
858 b. If the value of the money received is $300 or more, a
859 felony of the second degree, punishable as provided in s.
860 775.082, s. 775.083, or s. 775.084.
861 Section 19. Section 559.929, Florida Statutes, is amended
862 to read:
863 559.929 Security requirements.—
864 (1) An application must be accompanied by a performance
865 bond in an amount set by the department under paragraph (a),
866 paragraph (b), or paragraph (c). The surety on such bond must
867 shall be a surety company authorized to do business in the
868 state.
869 (a) Each seller of travel which that certifies its business
870 activities under s. 559.9285(1)(a) shall provide a performance
871 bond in an amount up to not to exceed $25,000, or in the amount
872 of $50,000 if the seller of travel is offering vacation
873 certificates.
874 (b) Each seller of travel which that certifies its business
875 activities under s. 559.9285(1)(b) shall provide a performance
876 bond in an amount up to not to exceed $100,000, or in the amount
877 of $150,000 if the seller of travel is offering vacation
878 certificates.
879 (c) Each seller of travel which that certifies its business
880 activities under s. 559.9285(1)(c) shall provide a performance
881 bond in an amount up to not to exceed $250,000, or in the amount
882 of $300,000 if the seller of travel is offering vacation
883 certificates.
884 (2) The bond must shall be in favor of the department on a
885 form adopted by rule of the department for the use and benefit
886 of a any traveler who is injured by the fraud,
887 misrepresentation, breach of contract, financial failure, or
888 violation of any provision of this part by the seller of travel.
889 Such liability may be enforced either by proceeding in an
890 administrative action as specified in subsection (3) or by
891 filing a judicial suit at law in a court of competent
892 jurisdiction. However, in such court suit the bond posted with
893 the department shall not be amenable or subject to any judgment
894 or other legal process issuing out of or from such court in
895 connection with such lawsuit, but such bond shall be amenable to
896 and enforceable only by and through administrative proceedings
897 before the department. It is the intent of the Legislature that
898 such bond is shall be applicable and liable only for the payment
899 of claims duly adjudicated by order of the department. The bond
900 must shall be open to successive claims, but the aggregate
901 amount awarded may not exceed the amount of the bond. In
902 addition to the foregoing, a bond provided by a registrant or
903 applicant for registration which certifies its business
904 activities under s. 559.9285(1)(b) or (c) must shall be in favor
905 of the department, with payment in the following order of
906 priority:
907 (a) All expenses for prosecuting the registrant or
908 applicant in an any administrative or civil action under this
909 part, including attorney fees for attorneys and fees for other
910 professionals, court costs or other costs of the proceedings,
911 and all other expenses incidental to the action.
912 (b) The All costs and expenses of investigation before
913 prior to the commencement of an administrative or civil action
914 under this part.
915 (c) An Any unpaid administrative fine imposed by final
916 order or an any unpaid civil penalty imposed by final judgment
917 under this part.
918 (d) Damages or compensation for a any traveler injured as
919 provided in this subsection.
920 (3) A Any traveler may file a claim against the bond. Such
921 claim must which shall be submitted to the department made in
922 writing on a form affidavit approved by department rule to the
923 department within 120 days after an alleged injury has occurred
924 or is discovered to have occurred or a judgment has been
925 entered. The proceedings shall be conducted held in accordance
926 with chapter 120. The department may act only as a nominal party
927 in proceedings conducted under ss. 120.569 and 120.57.
928 (4) Any indebtedness determined by final order of the
929 department must be paid by the seller of travel to the
930 department within 30 days after the order is entered, for
931 distribution to the traveler. If the seller of travel fails to
932 make payment within the 30 days, the department shall make
933 demand upon the surety, which includes an institution issuing a
934 letter of credit or depository on a certificate of deposit. Upon
935 failure of a surety to comply with a demand for payment pursuant
936 to a final order, the department may file an action in circuit
937 court to recover payment, up to the amount of the bond or other
938 form of security pursuant to s. 120.69. If the department is
939 successful and the court affirms the department’s demand for
940 payment from the surety, the department shall be allowed all
941 court costs incurred and reasonable attorney fees to be fixed
942 and collected as a part of the costs of the suit.
943 (5)(4) If In any situation in which the seller of travel is
944 currently the subject of an administrative, civil, or criminal
945 action by the department, the Department of Legal Affairs, or
946 the state attorney relating to concerning compliance with this
947 part, the right to proceed against the bond as provided in
948 subsection (3) is shall be suspended until after any enforcement
949 action becomes final.
950 (6)(5) The department may waive the bond requirement on an
951 annual basis if the seller of travel has had 5 or more
952 consecutive years of experience as a seller of travel in this
953 state Florida in compliance with this part, has not had a any
954 civil, criminal, or administrative action instituted against the
955 seller of travel in the vacation and travel business by a any
956 governmental agency or an any action involving fraud, theft,
957 misappropriation of property, violation of a any statute
958 pertaining to business or commerce with a any terrorist state,
959 or moral turpitude, and has a satisfactory consumer complaint
960 history with the department, and certifies its business
961 activities under s. 559.9285. Such waiver may be revoked if the
962 seller of travel violates any provision of this part. A seller
963 of travel which that certifies its business activities under s.
964 559.9285(1)(b) or (c) is not entitled to the waiver provided in
965 this subsection.
966 Section 20. Subsection (43) is added to section 570.07,
967 Florida Statutes, to read:
968 570.07 Department of Agriculture and Consumer Services;
969 functions, powers, and duties.—The department shall have and
970 exercise the following functions, powers, and duties:
971 (43)(a) Notwithstanding any other law, when an
972 administrative complaint is served on a licensee of the Division
973 of Licensing pursuant to s. 790.06, the division shall provide
974 service by regular mail to the licensee’s last known address of
975 record, by certified mail to the last known address of record,
976 and, if possible, by e-mail.
977 (b) If service as provided in paragraph (a) does not
978 provide the division with proof of service and the individual
979 has an address on file with the division in a state other than
980 this state or in a foreign territory or country, the division
981 shall call, if available, the licensee’s last known telephone
982 number of record, shall publish notice in a newspaper of general
983 circulation in Leon County, and shall cause a short, plain
984 notice to the licensee to be posted on the front page of the
985 department’s website.
986 Section 21. Paragraph (a) of subsection (4) of section
987 943.059, Florida Statutes, is amended to read:
988 943.059 Court-ordered sealing of criminal history records.
989 The courts of this state shall continue to have jurisdiction
990 over their own procedures, including the maintenance, sealing,
991 and correction of judicial records containing criminal history
992 information to the extent such procedures are not inconsistent
993 with the conditions, responsibilities, and duties established by
994 this section. Any court of competent jurisdiction may order a
995 criminal justice agency to seal the criminal history record of a
996 minor or an adult who complies with the requirements of this
997 section. The court shall not order a criminal justice agency to
998 seal a criminal history record until the person seeking to seal
999 a criminal history record has applied for and received a
1000 certificate of eligibility for sealing pursuant to subsection
1001 (2). A criminal history record that relates to a violation of s.
1002 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1003 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
1004 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
1005 916.1075, a violation enumerated in s. 907.041, or any violation
1006 specified as a predicate offense for registration as a sexual
1007 predator pursuant to s. 775.21, without regard to whether that
1008 offense alone is sufficient to require such registration, or for
1009 registration as a sexual offender pursuant to s. 943.0435, may
1010 not be sealed, without regard to whether adjudication was
1011 withheld, if the defendant was found guilty of or pled guilty or
1012 nolo contendere to the offense, or if the defendant, as a minor,
1013 was found to have committed or pled guilty or nolo contendere to
1014 committing the offense as a delinquent act. The court may only
1015 order sealing of a criminal history record pertaining to one
1016 arrest or one incident of alleged criminal activity, except as
1017 provided in this section. The court may, at its sole discretion,
1018 order the sealing of a criminal history record pertaining to
1019 more than one arrest if the additional arrests directly relate
1020 to the original arrest. If the court intends to order the
1021 sealing of records pertaining to such additional arrests, such
1022 intent must be specified in the order. A criminal justice agency
1023 may not seal any record pertaining to such additional arrests if
1024 the order to seal does not articulate the intention of the court
1025 to seal records pertaining to more than one arrest. This section
1026 does not prevent the court from ordering the sealing of only a
1027 portion of a criminal history record pertaining to one arrest or
1028 one incident of alleged criminal activity. Notwithstanding any
1029 law to the contrary, a criminal justice agency may comply with
1030 laws, court orders, and official requests of other jurisdictions
1031 relating to sealing, correction, or confidential handling of
1032 criminal history records or information derived therefrom. This
1033 section does not confer any right to the sealing of any criminal
1034 history record, and any request for sealing a criminal history
1035 record may be denied at the sole discretion of the court.
1036 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
1037 history record of a minor or an adult which is ordered sealed by
1038 a court of competent jurisdiction pursuant to this section is
1039 confidential and exempt from the provisions of s. 119.07(1) and
1040 s. 24(a), Art. I of the State Constitution and is available only
1041 to the person who is the subject of the record, to the subject’s
1042 attorney, to criminal justice agencies for their respective
1043 criminal justice purposes, which include conducting a criminal
1044 history background check for approval of firearms purchases or
1045 transfers as authorized by state or federal law, to judges in
1046 the state courts system for the purpose of assisting them in
1047 their case-related decisionmaking responsibilities, as set forth
1048 in s. 943.053(5), or to those entities set forth in
1049 subparagraphs (a)1., 4., 5., 6., and 8. for their respective
1050 licensing, access authorization, and employment purposes.
1051 (a) The subject of a criminal history record sealed under
1052 this section or under other provisions of law, including former
1053 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1054 deny or fail to acknowledge the arrests covered by the sealed
1055 record, unless except when the subject of the record:
1056 1. Is a candidate for employment with a criminal justice
1057 agency;
1058 2. Is a defendant in a criminal prosecution;
1059 3. Concurrently or subsequently petitions for relief under
1060 this section, s. 943.0583, or s. 943.0585;
1061 4. Is a candidate for admission to The Florida Bar;
1062 5. Is seeking to be employed or licensed by or to contract
1063 with the Department of Children and Families, the Division of
1064 Vocational Rehabilitation within the Department of Education,
1065 the Agency for Health Care Administration, the Agency for
1066 Persons with Disabilities, the Department of Health, the
1067 Department of Elderly Affairs, or the Department of Juvenile
1068 Justice or to be employed or used by such contractor or licensee
1069 in a sensitive position having direct contact with children, the
1070 disabled, or the elderly;
1071 6. Is seeking to be employed or licensed by the Department
1072 of Education, a any district school board, a any university
1073 laboratory school, a any charter school, a any private or
1074 parochial school, or a any local governmental entity that
1075 licenses child care facilities; or
1076 7. Is attempting to purchase a firearm from a licensed
1077 importer, licensed manufacturer, or licensed dealer and is
1078 subject to a criminal history check under state or federal law;
1079 or.
1080 8. Is seeking to be licensed by the Bureau of License
1081 Issuance of the Division of Licensing within the Department of
1082 Agriculture and Consumer Services to carry a concealed weapon or
1083 concealed firearm. This exception applies only to the
1084 determination of an applicant’s eligibility in accordance with
1085 s. 790.06.
1086 Section 22. Section 205.1969, Florida Statutes, is amended
1087 to read:
1088 205.1969 Health studios; consumer protection.—A county or
1089 municipality may not issue or renew a business tax receipt for
1090 the operation of a health studio pursuant to ss. 501.012-501.019
1091 or ballroom dance studio pursuant to s. 501.143, unless such
1092 business exhibits a current license, registration, or letter of
1093 exemption from the Department of Agriculture and Consumer
1094 Services.
1095 Section 23. Subsection (6) of section 501.015, Florida
1096 Statutes, is amended to read:
1097 501.015 Health studios; registration requirements and
1098 fees.—Each health studio shall:
1099 (6) Be considered a new health studio and is shall be
1100 subject to the requirements of s. 501.016 each time the health
1101 studio changes ownership or, in the case of corporate ownership,
1102 each time the stock ownership is changed so as to effectively
1103 put the health studio under new management or control,
1104 notwithstanding s. 501.016(8) the provisions of s. 501.016(6). A
1105 change of ownership does not occur within the meaning of this
1106 subsection if:
1107 (a) Substantially the same stockholders form a new
1108 corporate entity;
1109 (b) In the opinion of the department, the change does not
1110 effectively place the health studio under new management and
1111 control; and
1112 (c) The health studio has a satisfactory complaint history
1113 with the department.
1114 Section 24. This act shall take effect July 1, 2014.