Florida Senate - 2015 SB 1444
By Senator Richter
23-00836-15 20151444__
1 A bill to be entitled
2 An act relating to consumer licensing; amending s.
3 472.015, F.S.; waiving the initial land surveying and
4 mapping license fee for certain veterans of the United
5 States Armed Forces, the spouses of such veterans, or
6 a business entity that has a majority ownership held
7 by such a veteran or spouse; amending s. 493.6105,
8 F.S.; requiring that the initial license application
9 for private investigative, private security, and
10 repossession services include payment of fingerprint
11 processing and fingerprint retention fees; amending s.
12 493.6106, F.S.; deleting a requirement for additional
13 documentation establishing state residency for private
14 investigative, private security, and repossession
15 service licenses; amending s. 493.6108, F.S.;
16 directing the Department of Law Enforcement to retain
17 fingerprints submitted for private investigative,
18 private security, and repossession service licenses,
19 to enter such fingerprints into the statewide
20 automated biometric identification system and the
21 national retained print arrest notification program,
22 and to report any arrest record information to the
23 Department of Agriculture and Consumer Services;
24 directing the Department of Agriculture and Consumer
25 Services to provide information about an arrest within
26 the state to the agency that employs the licensee;
27 amending s. 493.6113, F.S.; requiring a person holding
28 a private investigative, private security, or
29 repossession service license issued before a certain
30 date to submit upon first renewal of the license a
31 full set of fingerprints and a fingerprint processing
32 fee to cover the cost of entering the fingerprints in
33 the statewide automated biometric identification
34 system; amending ss. 493.6115 and 493.6118, F.S.;
35 conforming cross-references; amending s. 501.015,
36 F.S.; waiving the initial health studio registration
37 fee for certain veterans of the United States Armed
38 Forces, the spouses of such veterans, or a business
39 entity that has a majority ownership held by such a
40 veteran or spouse; amending s. 501.0581, F.S.;
41 transferring enforcement authority of the Florida
42 Commercial Weight-Loss Practices Act from the
43 Department of Agriculture and Consumer Services to the
44 Department of Health; amending s. 501.0583, F.S.;
45 transferring enforcement authority of penalties for
46 selling, delivering, bartering, furnishing, or giving
47 weight-loss pills to persons under the age of 18 from
48 the Department of Agriculture and Consumer Services to
49 the Department of Health; amending s. 501.605, F.S.;
50 prohibiting the use of a mail drop as a street address
51 for the principal location of a commercial telephone
52 seller; amending s. 501.607, F.S.; waiving the initial
53 salesperson license fees for certain veterans of the
54 United States Armed Forces, the spouses of such
55 veterans, or a business entity that has a majority
56 ownership held by such a veteran or spouse; amending
57 s. 507.03, F.S.; waiving the initial registration fee
58 for an intrastate movers license for certain veterans
59 of the United States Armed Forces, the spouses of such
60 veterans, or a business entity that has a majority
61 ownership held by such a veteran or spouse; amending
62 s. 527.02, F.S.; waiving the original liquefied
63 petroleum gas dealer license fee for certain veterans
64 of the United States Armed Forces, the spouses of such
65 veterans, or a business entity that has a majority
66 ownership held by such a veteran or spouse; amending
67 s. 539.001, F.S.; waiving the initial pawnbroker
68 license fee for certain veterans of the United States
69 Armed Forces, the spouses of such veterans, or a
70 business entity that has a majority ownership held by
71 such a veteran or spouse; amending s. 559.904, F.S.;
72 waiving the initial motor vehicle repair shop
73 registration fee for certain veterans of the United
74 States Armed Forces, the spouses of such veterans, or
75 a business entity that has a majority ownership held
76 by such a veteran or spouse; amending s. 559.928,
77 F.S.; waiving the initial seller of travel
78 registration fee for certain veterans of the United
79 States Armed Forces, the spouses of such veterans, or
80 a business entity that has a majority ownership held
81 by such a veteran or spouse; amending s. 616.242,
82 F.S.; deleting an obsolete provision allowing fair
83 owners to post a bond rather than carry a certificate
84 of insurance; exempting water-related amusement rides
85 operated by lodging and food service establishments
86 and membership campgrounds, amusement rides at
87 private, membership-only facilities, and nonprofit
88 permanent facilities from certain safety standards;
89 authorizing owners or managers of amusement rides to
90 use alternate forms to record employee training and
91 ride inspections; amending s. 790.06, F.S.; requiring
92 firearm course instructors to maintain records
93 attesting to the use of live fire with specified
94 firearms and ammunition by students in his or her
95 physical presence; requiring notice of the suspension
96 or revocation of a concealed weapon or firearm license
97 or the suspension of the processing of an application
98 for such license to be given by personal delivery,
99 first-class mail, or e-mail; requiring concealed
100 weapon or firearm license renewals to include an
101 affidavit submitted under oath and under penalty of
102 perjury; amending s. 790.0625, F.S.; authorizing
103 certain tax collector offices, upon approval and
104 confirmation of license issuance by the Department of
105 Agriculture and Consumer Services, to print and
106 deliver concealed weapon or firearm licenses;
107 providing an effective date.
108
109 Be It Enacted by the Legislature of the State of Florida:
110
111 Section 1. Subsection (3) of section 472.015, Florida
112 Statutes, is amended to read:
113 472.015 Licensure.—
114 (3)(a) Before the issuance of any license, the department
115 may charge an initial license fee as determined by rule of the
116 board. Upon receipt of the appropriate license fee, except as
117 provided in subsection (6), the department shall issue a license
118 to any person certified by the board, or its designee, as having
119 met the applicable requirements imposed by law or rule. However,
120 an applicant who is not otherwise qualified for licensure is not
121 entitled to licensure solely based on a passing score on a
122 required examination.
123 (b) The department shall waive the initial license fee for
124 an honorably discharged veteran of the United States Armed
125 Forces, the spouse of such a veteran, or a business entity that
126 has a majority ownership held by such a veteran or spouse if the
127 department receives an application, in a format prescribed by
128 the department, within 60 months after the date of the veteran’s
129 discharge from any branch of the United States Armed Forces. To
130 qualify for the waiver, a veteran must provide to the department
131 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
132 veteran must provide to the department a copy of the veteran’s
133 DD Form 214 or NGB Form 22 and a copy of a valid marriage
134 license or certificate verifying that he or she was lawfully
135 married to the veteran at the time of discharge; or a business
136 entity must provide to the department proof that a veteran or
137 the spouse of a veteran holds a majority ownership in the
138 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
139 and, if applicable, a copy of a valid marriage license or
140 certificate verifying that the spouse of the veteran was
141 lawfully married to the veteran at the time of discharge.
142 Section 2. Paragraph (j) of subsection (3) of section
143 493.6105, Florida Statutes, is amended to read:
144 493.6105 Initial application for license.—
145 (3) The application must contain the following information
146 concerning the individual signing the application:
147 (j) A full set of fingerprints, a fingerprint processing
148 fee, and a fingerprint retention fee to cover the cost of
149 retaining the fingerprints in the statewide automated biometric
150 identification system pursuant to s. 493.6108(2)(a) and the cost
151 of enrolling the fingerprints in the national retained print
152 arrest notification program when the program is operational and
153 the Department of Law Enforcement begins participation. The
154 fingerprint processing and retention fees shall to be
155 established by rule of the department based upon costs
156 determined by state and federal agency charges and department
157 processing costs. An applicant who has, within the immediately
158 preceding 6 months, submitted such fingerprints and fees fee for
159 licensing purposes under this chapter and who still holds a
160 valid license is not required to submit another set of
161 fingerprints or another fingerprint processing fee. An applicant
162 who holds multiple licenses issued under this chapter is
163 required to pay only a single fingerprint retention fee.
164 Section 3. Paragraph (f) of subsection (1) of section
165 493.6106, Florida Statutes, is amended to read:
166 493.6106 License requirements; posting.—
167 (1) Each individual licensed by the department must:
168 (f) Be a citizen or permanent legal resident alien of the
169 United States or have appropriate authorization issued by the
170 United States Citizenship and Immigration Services of the United
171 States Department of Homeland Security.
172 1. An applicant for a Class “C,” Class “CC,” Class “D,”
173 Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
174 “MB,” Class “MR,” or Class “RI” license who is not a United
175 States citizen must submit proof of current employment
176 authorization issued by the United States Citizenship and
177 Immigration Services or proof that she or he is deemed a
178 permanent legal resident alien by the United States Citizenship
179 and Immigration Services.
180 2. An applicant for a Class “G” or Class “K” license who is
181 not a United States citizen must submit proof that she or he is
182 deemed a permanent legal resident alien by the United States
183 Citizenship and Immigration Services, together with additional
184 documentation establishing that she or he has resided in the
185 state of residence shown on the application for at least 90
186 consecutive days before the date that the application is
187 submitted.
188 3. An applicant for an agency or school license who is not
189 a United States citizen or permanent legal resident alien must
190 submit documentation issued by the United States Citizenship and
191 Immigration Services stating that she or he is lawfully in the
192 United States and is authorized to own and operate the type of
193 agency or school for which she or he is applying. An employment
194 authorization card issued by the United States Citizenship and
195 Immigration Services is not sufficient documentation.
196 Section 4. Subsections (2) and (3) of section 493.6108,
197 Florida Statutes, are renumbered as subsections (3) and (4),
198 respectively, and a new subsection (2) is added to that section,
199 to read:
200 493.6108 Investigation of applicants by Department of
201 Agriculture and Consumer Services.—
202 (2)(a) The Department of Law Enforcement shall retain and
203 enter into the statewide automated biometric identification
204 system authorized under s. 943.05 all fingerprints submitted to
205 the department pursuant to this chapter. The Department of Law
206 Enforcement shall enroll such fingerprints in the national
207 retained print arrest notification program when the program is
208 operational and the Department of Law Enforcement begins
209 participation. Thereafter, the fingerprints shall be available
210 for arrest notifications required by paragraph (b) and all
211 purposes and uses authorized for arrest fingerprints entered
212 into the statewide automated biometric identification system.
213 (b) The Department of Law Enforcement shall search all
214 arrest fingerprints against fingerprints retained pursuant to
215 paragraph (a) and report any arrest record identified by the
216 Department of Law Enforcement or the Federal Bureau of
217 Investigation to the department. If the department receives
218 information about an arrest within the state of a person who
219 holds a valid license issued under this chapter for a crime that
220 could potentially disqualify the person from holding such a
221 license, the department shall provide the arrest information to
222 the agency that employs the licensee.
223 Section 5. Subsection (3) of section 493.6113, Florida
224 Statutes, is amended to read:
225 493.6113 Renewal application for licensure.—
226 (3)(a) Each licensee is responsible for renewing his or her
227 license on or before its expiration by filing with the
228 department an application for renewal accompanied by payment of
229 the renewal fee and the fingerprint retention fee to cover the
230 cost of ongoing retention in the statewide automated biometric
231 identification system prescribed license fee.
232 (b) In addition to the fees specified in paragraph (a), a
233 person holding a valid license issued under this chapter before
234 January 1, 2016, must submit upon first renewal of the license a
235 full set of fingerprints and a fingerprint processing fee to
236 cover the cost of entering the fingerprints into the statewide
237 automated biometric identification system pursuant to s.
238 493.6108(2)(a). Subsequent renewals may be completed without
239 submission of a set of fingerprints.
240 (c)(a) Each Class “B” licensee shall additionally submit on
241 a form prescribed by the department a certification of insurance
242 that evidences that the licensee maintains coverage as required
243 under s. 493.6110.
244 (d)(b) Each Class “G” licensee shall additionally submit
245 proof that he or she has received during each year of the
246 license period a minimum of 4 hours of firearms recertification
247 training taught by a Class “K” licensee and has complied with
248 such other health and training requirements that the department
249 shall adopt by rule. Proof of completion of firearms
250 recertification training shall be submitted to the department
251 upon completion of the training. If the licensee fails to
252 complete the required 4 hours of annual training during the
253 first year of the 2-year term of the license, the license shall
254 be automatically suspended. The licensee must complete the
255 minimum number of hours of range and classroom training required
256 at the time of initial licensure and submit proof of completion
257 of such training to the department before the license may be
258 reinstated. If the licensee fails to complete the required 4
259 hours of annual training during the second year of the 2-year
260 term of the license, the licensee must complete the minimum
261 number of hours of range and classroom training required at the
262 time of initial licensure and submit proof of completion of such
263 training to the department before the license may be renewed.
264 The department may waive the firearms training requirement if:
265 1. The applicant provides proof that he or she is currently
266 certified as a law enforcement officer or correctional officer
267 under the Criminal Justice Standards and Training Commission and
268 has completed law enforcement firearms requalification training
269 annually during the previous 2 years of the licensure period;
270 2. The applicant provides proof that he or she is currently
271 certified as a federal law enforcement officer and has received
272 law enforcement firearms training administered by a federal law
273 enforcement agency annually during the previous 2 years of the
274 licensure period; or
275 3. The applicant submits a valid firearm certificate among
276 those specified in s. 493.6105(6)(a) and provides proof of
277 having completed requalification training during the previous 2
278 years of the licensure period.
279 (e)(c) Each Class “DS” or Class “RS” licensee shall
280 additionally submit the current curriculum, examination, and
281 list of instructors.
282 (f)(d) Each Class “K” licensee shall additionally submit
283 one of the certificates specified under s. 493.6105(6) as proof
284 that he or she remains certified to provide firearms
285 instruction.
286 Section 6. Subsection (6) of section 493.6115, Florida
287 Statutes, is amended to read:
288 493.6115 Weapons and firearms.—
289 (6) In addition to any other firearm approved by the
290 department, a licensee who has been issued a Class “G” license
291 may carry a .38 caliber revolver; or a .380 caliber or 9
292 millimeter semiautomatic pistol; or a .357 caliber revolver with
293 .38 caliber ammunition only; or a .40 caliber handgun; or a .45
294 ACP handgun while performing duties authorized under this
295 chapter. A licensee may not carry more than two firearms upon
296 her or his person when performing her or his duties. A licensee
297 may only carry a firearm of the specific type and caliber with
298 which she or he is qualified pursuant to the firearms training
299 referenced in subsection (8) or s. 493.6113(3)(d)
300 493.6113(3)(b).
301 Section 7. Paragraph (u) of subsection (1) of section
302 493.6118, Florida Statutes, is amended to read:
303 493.6118 Grounds for disciplinary action.—
304 (1) The following constitute grounds for which disciplinary
305 action specified in subsection (2) may be taken by the
306 department against any licensee, agency, or applicant regulated
307 by this chapter, or any unlicensed person engaged in activities
308 regulated under this chapter.
309 (u) For a Class “G” licensee, failing to timely complete
310 recertification training as required in s. 493.6113(3)(d)
311 493.6113(3)(b).
312 Section 8. Subsection (2) of section 501.015, Florida
313 Statutes, is amended to read:
314 501.015 Health studios; registration requirements and
315 fees.—Each health studio shall:
316 (2) Remit an annual registration fee of $300 to the
317 department at the time of registration for each of the health
318 studio’s business locations. The department shall waive the
319 initial registration fee for an honorably discharged veteran of
320 the United States Armed Forces, the spouse of such a veteran, or
321 a business entity that has a majority ownership held by such a
322 veteran or spouse if the department receives an application, in
323 a format prescribed by the department, within 60 months after
324 the date of the veteran’s discharge from any branch of the
325 United States Armed Forces. To qualify for the waiver, a veteran
326 must provide to the department a copy of his or her DD Form 214
327 or NGB Form 22; the spouse of a veteran must provide to the
328 department a copy of the veteran’s DD Form 214 or NGB Form 22
329 and a copy of a valid marriage license or certificate verifying
330 that he or she was lawfully married to the veteran at the time
331 of discharge; or a business entity must provide to the
332 department proof that a veteran or the spouse of a veteran holds
333 a majority ownership in the business, a copy of the veteran’s DD
334 Form 214 or NGB Form 22, and, if applicable, a copy of a valid
335 marriage license or certificate verifying that the spouse of the
336 veteran was lawfully married to the veteran at the time of
337 discharge.
338 Section 9. Subsections (1) and (2) of section 501.0581,
339 Florida Statutes, are amended to read:
340 501.0581 Commercial Weight-Loss Practices Act; civil
341 remedies.—
342 (1) The Department of Health Agriculture and Consumer
343 Services may bring a civil action in circuit court for temporary
344 or permanent injunctive relief to enforce the provisions of this
345 act and may seek other appropriate civil relief, including a
346 civil penalty not to exceed $5,000 for each violation, for
347 restitution and damages for injured customers, court costs, and
348 reasonable attorney attorney’s fees.
349 (2) The Department of Health Agriculture and Consumer
350 Services may terminate any investigation or action upon
351 agreement by the offender to pay a stipulated civil penalty,
352 make restitution or pay damages to customers, or satisfy any
353 other relief authorized herein and requested by the department.
354 Section 10. Subsection (3) of section 501.0583, Florida
355 Statutes, is amended to read:
356 501.0583 Selling, delivering, bartering, furnishing, or
357 giving weight-loss pills to persons under age 18; penalties;
358 defense.—
359 (3) A first violation of subsection (2) or this subsection
360 is punishable by a fine of $100. A second violation of
361 subsection (2) or this subsection is punishable by a fine of
362 $250. A third violation of subsection (2) or this subsection is
363 punishable by a fine of $500. A fourth or subsequent violation
364 of subsection (2) or this subsection is punishable by a fine as
365 determined by the Department of Health Agriculture and Consumer
366 Services, not to exceed $1,000.
367 Section 11. Paragraph (j) of subsection (2) and paragraph
368 (b) of subsection (5) of section 501.605, Florida Statutes, are
369 amended to read:
370 501.605 Licensure of commercial telephone sellers.—
371 (2) An applicant for a license as a commercial telephone
372 seller must submit to the department, in such form as it
373 prescribes, a written application for the license. The
374 application must set forth the following information:
375 (j) The complete street address of each location,
376 designating the principal location, from which the applicant
377 will be doing business. The street address may not be If any
378 location is a mail drop, this shall be disclosed as such.
379
380 The application shall be accompanied by a copy of any: Script,
381 outline, or presentation the applicant will require or suggest a
382 salesperson to use when soliciting, or, if no such document is
383 used, a statement to that effect; sales information or
384 literature to be provided by the applicant to a salesperson; and
385 sales information or literature to be provided by the applicant
386 to a purchaser in connection with any solicitation.
387 (5) An application filed pursuant to this part must be
388 verified and accompanied by:
389 (b) A fee for licensing in the amount of $1,500. The fee
390 shall be deposited into the General Inspection Trust Fund. The
391 department shall waive the initial licensing fee for an
392 honorably discharged veteran of the United States Armed Forces,
393 the spouse of such a veteran, or a business entity that has a
394 majority ownership held by such a veteran or spouse if the
395 department receives an application, in a format prescribed by
396 the department, within 60 months after the date of the veteran’s
397 discharge from any branch of the United States Armed Forces. To
398 qualify for the waiver, a veteran must provide to the department
399 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
400 veteran must provide to the department a copy of the veteran’s
401 DD Form 214 or NGB Form 22 and a copy of a valid marriage
402 license or certificate verifying that he or she was lawfully
403 married to the veteran at the time of discharge; or a business
404 entity must provide to the department proof that a veteran or
405 the spouse of a veteran holds a majority ownership in the
406 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
407 and, if applicable, a copy of a valid marriage license or
408 certificate verifying that the spouse of the veteran was
409 lawfully married to the veteran at the time of discharge.
410 Section 12. Paragraph (b) of subsection (2) of section
411 501.607, Florida Statutes, is amended to read:
412 501.607 Licensure of salespersons.—
413 (2) An application filed pursuant to this section must be
414 verified and be accompanied by:
415 (b) A fee for licensing in the amount of $50 per
416 salesperson. The fee shall be deposited into the General
417 Inspection Trust Fund. The fee for licensing may be paid after
418 the application is filed, but must be paid within 14 days after
419 the applicant begins work as a salesperson. The department shall
420 waive the initial licensing fee for an honorably discharged
421 veteran of the United States Armed Forces, the spouse of such a
422 veteran, or a business entity that has a majority ownership held
423 by such a veteran or spouse if the department receives an
424 application, in a format prescribed by the department, within 60
425 months after the date of the veteran’s discharge from any branch
426 of the United States Armed Forces. To qualify for the waiver, a
427 veteran must provide to the department a copy of his or her DD
428 Form 214 or NGB Form 22; the spouse of a veteran must provide to
429 the department a copy of the veteran’s DD Form 214 or NGB Form
430 22 and a copy of a valid marriage license or certificate
431 verifying that he or she was lawfully married to the veteran at
432 the time of discharge; or a business entity must provide to the
433 department proof that a veteran or the spouse of a veteran holds
434 a majority ownership in the business, a copy of the veteran’s DD
435 Form 214 or NGB Form 22, and, if applicable, a copy of a valid
436 marriage license or certificate verifying that the spouse of the
437 veteran was lawfully married to the veteran at the time of
438 discharge.
439 Section 13. Subsection (3) of section 507.03, Florida
440 Statutes, is amended to read:
441 507.03 Registration.—
442 (3)(a) Registration fees shall be calculated at the rate of
443 $300 per year per mover or moving broker. All amounts collected
444 shall be deposited by the Chief Financial Officer to the credit
445 of the General Inspection Trust Fund of the department for the
446 sole purpose of administration of this chapter.
447 (b) The department shall waive the initial registration fee
448 for an honorably discharged veteran of the United States Armed
449 Forces, the spouse of such a veteran, or a business entity that
450 has a majority ownership held by such a veteran or spouse if the
451 department receives an application, in a format prescribed by
452 the department, within 60 months after the date of the veteran’s
453 discharge from any branch of the United States Armed Forces. To
454 qualify for the waiver, a veteran must provide to the department
455 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
456 veteran must provide to the department a copy of the veteran’s
457 DD Form 214 or NGB Form 22 and a copy of a valid marriage
458 license or certificate verifying that he or she was lawfully
459 married to the veteran at the time of discharge; or a business
460 entity must provide to the department proof that a veteran or
461 the spouse of a veteran holds a majority ownership in the
462 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
463 and, if applicable, a copy of a valid marriage license or
464 certificate verifying that the spouse of the veteran was
465 lawfully married to the veteran at the time of discharge.
466 Section 14. Subsection (3) of section 527.02, Florida
467 Statutes, is amended to read:
468 527.02 License; penalty; fees.—
469 (3)(a) An Any applicant for an original license who submits
470 an whose application is submitted during the last 6 months of
471 the license year may have the original license fee reduced by
472 one-half for the 6-month period. This provision applies shall
473 apply only to those companies applying for an original license
474 and may shall not be applied to licensees who held a license
475 during the previous license year and failed to renew the
476 license. The department may refuse to issue an initial license
477 to an any applicant who is under investigation in any
478 jurisdiction for an action that would constitute a violation of
479 this chapter until such time as the investigation is complete.
480 (b) The department shall waive the original license fee for
481 an honorably discharged veteran of the United States Armed
482 Forces, the spouse of such a veteran, or a business entity that
483 has a majority ownership held by such a veteran or spouse if the
484 department receives an application, in a format prescribed by
485 the department, within 60 months after the date of the veteran’s
486 discharge from any branch of the United States Armed Forces. To
487 qualify for the waiver, a veteran must provide to the department
488 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
489 veteran must provide to the department a copy of the veteran’s
490 DD Form 214 or NGB Form 22 and a copy of a valid marriage
491 license or certificate verifying that he or she was lawfully
492 married to the veteran at the time of discharge; or a business
493 entity must provide to the department proof that a veteran or
494 the spouse of a veteran holds a majority ownership in the
495 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
496 and, if applicable, a copy of a valid marriage license or
497 certificate verifying that the spouse of the veteran was
498 lawfully married to the veteran at the time of discharge.
499 Section 15. Paragraph (c) of subsection (3) of section
500 539.001, Florida Statutes, is amended to read:
501 539.001 The Florida Pawnbroking Act.—
502 (3) LICENSE REQUIRED.—
503 (c) Each license is valid for a period of 1 year unless it
504 is earlier relinquished, suspended, or revoked. Each license
505 shall be renewed annually, and each licensee shall, initially
506 and annually thereafter, pay to the agency a license fee of $300
507 for each license held. The agency shall waive the initial
508 license fee for an honorably discharged veteran of the United
509 States Armed Forces, the spouse of such a veteran, or a business
510 entity that has a majority ownership held by such a veteran or
511 spouse if the agency receives an application, in a format
512 prescribed by the agency, within 60 months after the date of the
513 veteran’s discharge from any branch of the United States Armed
514 Forces. To qualify for the waiver, a veteran must provide to the
515 department a copy of his or her DD Form 214 or NGB Form 22; the
516 spouse of a veteran must provide to the agency a copy of the
517 veteran’s DD Form 214 or NGB Form 22 and a copy of a valid
518 marriage license or certificate verifying that he or she was
519 lawfully married to the veteran at the time of discharge; or a
520 business entity must provide to the agency proof that a veteran
521 or the spouse of a veteran holds a majority ownership in the
522 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
523 and, if applicable, a copy of a valid marriage license or
524 certificate verifying that the spouse of the veteran was
525 lawfully married to the veteran at the time of discharge.
526 Section 16. Subsection (3) of section 559.904, Florida
527 Statutes, is amended to read:
528 559.904 Motor vehicle repair shop registration;
529 application; exemption.—
530 (3)(a) Each application for registration must be
531 accompanied by a registration fee calculated on a per-year basis
532 as follows:
533 1.(a) If the place of business has 1 to 5 employees: $50.
534 2.(b) If the place of business has 6 to 10 employees: $150.
535 3.(c) If the place of business has 11 or more employees:
536 $300.
537 (b) The department shall waive the initial registration fee
538 for an honorably discharged veteran of the United States Armed
539 Forces, the spouse of such a veteran, or a business entity that
540 has a majority ownership held by such a veteran or spouse if the
541 department receives an application, in a format prescribed by
542 the department, within 60 months after the date of the veteran’s
543 discharge from any branch of the United States Armed Forces. To
544 qualify for the waiver, a veteran must provide to the department
545 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
546 veteran must provide to the department a copy of the veteran’s
547 DD Form 214 or NGB Form 22 and a copy of a valid marriage
548 license or certificate verifying that he or she was lawfully
549 married to the veteran at the time of discharge; or a business
550 entity must provide to the department proof that a veteran or
551 the spouse of a veteran holds a majority ownership in the
552 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
553 and, if applicable, a copy of a valid marriage license or
554 certificate verifying that the spouse of the veteran was
555 lawfully married to the veteran at the time of discharge.
556 Section 17. Paragraph (c) is added to subsection (2) of
557 section 559.928, Florida Statutes, to read:
558 559.928 Registration.—
559 (2)
560 (c) The department shall waive the initial registration fee
561 for an honorably discharged veteran of the United States Armed
562 Forces, the spouse of such a veteran, or a business entity that
563 has a majority ownership held by such a veteran or spouse if the
564 department receives an application, in a format prescribed by
565 the department, within 60 months after the date of the veteran’s
566 discharge from any branch of the United States Armed Forces. To
567 qualify for the waiver, a veteran must provide to the department
568 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
569 veteran must provide to the department a copy of the veteran’s
570 DD Form 214 or NGB Form 22 and a copy of a valid marriage
571 license or certificate verifying that he or she was lawfully
572 married to the veteran at the time of discharge; or the business
573 entity must provide to the department proof that a veteran or
574 the spouse of a veteran holds a majority ownership in the
575 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
576 and, if applicable, a copy of a valid marriage license or
577 certificate verifying that the spouse of the veteran was
578 lawfully married to the veteran at the time of discharge.
579 Section 18. Paragraph (b) of subsection (5), paragraph (a)
580 of subsection (10), and subsections (15) and (16) of section
581 616.242, Florida Statutes, are amended to read:
582 616.242 Safety standards for amusement rides.—
583 (5) ANNUAL PERMIT.—
584 (b) To apply for an annual permit, an owner must submit to
585 the department a written application on a form prescribed by
586 rule of the department, which must include the following:
587 1. The legal name, address, and primary place of business
588 of the owner.
589 2. A description, manufacturer’s name, serial number, model
590 number and, if previously assigned, the United States Amusement
591 Identification Number of the amusement ride.
592 3. A valid certificate of insurance or bond for each
593 amusement ride.
594 4. An affidavit of compliance that the amusement ride was
595 inspected in person by the affiant and that the amusement ride
596 is in general conformance with the requirements of this section
597 and all applicable rules adopted by the department. The
598 affidavit must be executed by a professional engineer or a
599 qualified inspector at least no earlier than 60 days before, but
600 not later than, the date of the filing of the application is
601 filed with the department. The owner shall request inspection
602 and permitting of the amusement ride within 60 days after of the
603 date of filing the application is filed with the department. The
604 department shall inspect and permit the amusement ride within 60
605 days after the date filing the application is filed with the
606 department.
607 5. If required by subsection (6), an affidavit of
608 nondestructive testing dated and executed at least no earlier
609 than 60 days before prior to, but not later than, the date of
610 the filing of the application is filed with the department. The
611 owner shall request inspection and permitting of the amusement
612 ride within 60 days after of the date of filing the application
613 is filed with the department. The department shall inspect and
614 permit the amusement ride within 60 days after the date filing
615 the application is filed with the department.
616 6. A request for inspection.
617 7. Upon request, the owner shall, at no cost to the
618 department, provide the department a copy of the manufacturer’s
619 current recommended operating instructions in the possession of
620 the owner, the owner’s operating fact sheet, and any written
621 bulletins in the possession of the owner concerning the safety,
622 operation, or maintenance of the amusement ride.
623 (10) EXEMPTIONS.—
624 (a) This section does not apply to:
625 1. Permanent facilities that employ at least 1,000 full
626 time employees and that maintain full-time, in-house safety
627 inspectors. Furthermore, the permanent facilities must file an
628 affidavit of the annual inspection with the department, on a
629 form prescribed by rule of the department. Additionally, the
630 Department of Agriculture and Consumer Services may consult
631 annually with the permanent facilities regarding industry safety
632 programs.
633 2. Any playground operated by a school, local government,
634 or business licensed under chapter 509, if the playground is an
635 incidental amenity and the operating entity is not primarily
636 engaged in providing amusement, pleasure, thrills, or
637 excitement.
638 3. Museums or other institutions principally devoted to the
639 exhibition of products of agriculture, industry, education,
640 science, religion, or the arts.
641 4. Conventions or trade shows for the sale or exhibit of
642 amusement rides if there are a minimum of 15 amusement rides on
643 display or exhibition, and if any operation of such amusement
644 rides is limited to the registered attendees of the convention
645 or trade show.
646 5. Skating rinks, arcades, laser lazer or paint ball war
647 games, bowling alleys, miniature golf courses, mechanical bulls,
648 inflatable rides, trampolines, ball crawls, exercise equipment,
649 jet skis, paddle boats, airboats, helicopters, airplanes,
650 parasails, hot air or helium balloons whether tethered or
651 untethered, theatres, batting cages, stationary spring-mounted
652 fixtures, rider-propelled merry-go-rounds, games, side shows,
653 live animal rides, or live animal shows.
654 6. Go-karts operated in competitive sporting events if
655 participation is not open to the public.
656 7. Nonmotorized playground equipment that is not required
657 to have a manager.
658 8. Coin-actuated amusement rides designed to be operated by
659 depositing coins, tokens, credit cards, debit cards, bills, or
660 other cash money and which are not required to have a manager,
661 and which have a capacity of six persons or less.
662 9. Facilities described in s. 549.09(1)(a) when such
663 facilities are operating cars, trucks, or motorcycles only.
664 10. Battery-powered cars or other vehicles that are
665 designed to be operated by children 7 years of age or under and
666 that cannot exceed a speed of 4 miles per hour.
667 11. Mechanically driven vehicles that pull train cars,
668 carts, wagons, or other similar vehicles, that are not confined
669 to a metal track or confined to an area but are steered by an
670 operator and do not exceed a speed of 4 miles per hour.
671 12. A water-related amusement ride operated by a business
672 licensed under chapter 509 if the water-related amusement ride
673 is an incidental amenity and the operating business is not
674 primarily engaged in providing amusement, pleasure, thrills, or
675 excitement and does not offer day rates.
676 13. An amusement ride at a private, membership-only
677 facility if the amusement ride is an incidental amenity and the
678 facility is not open to the general public, is not primarily
679 engaged in providing amusement, pleasure, thrills, or
680 excitement, and does not offer day rates.
681 14. A nonprofit permanent facility registered under chapter
682 496 which is not open to the general public.
683 (15) INSPECTION BY OWNER OR MANAGER.—Before Prior to
684 opening on each day of operation and before prior to any
685 inspection by the department, the owner or manager of an
686 amusement ride must inspect and test the amusement ride to
687 ensure compliance with all requirements of this section. Each
688 inspection must be recorded on a form prescribed by rule of the
689 department and signed by the person who conducted the
690 inspection. In lieu of the form prescribed by rule of the
691 department, the owner or manager may request approval of an
692 alternate form if the alternate form includes, at a minimum, the
693 information required on the form prescribed by rule of the
694 department. Inspection records of the last 14 daily inspections
695 must be kept on site by the owner or manager and made
696 immediately available to the department upon request.
697 (16) TRAINING OF EMPLOYEES.—The owner or manager of an any
698 amusement ride shall maintain a record of employee training for
699 each employee authorized to operate, assemble, disassemble,
700 transport, or conduct maintenance on an amusement ride, on a
701 form prescribed by rule of the department. In lieu of the form
702 prescribed by rule of the department, the owner or manager may
703 request approval of an alternate form if the alternate form
704 includes, at a minimum, the information required on the form
705 prescribed by rule of the department. The training record must
706 be kept on site by the owner or manager and made immediately
707 available to the department upon request. Training may not be
708 conducted when an amusement ride is open to the public unless
709 the training is conducted under the supervision of an employee
710 who is trained in the operation of that ride. The owner or
711 manager shall certify that each employee is trained, as required
712 by this section and any rules adopted thereunder, on the
713 amusement ride for which the employee is responsible.
714 Section 19. Paragraph (h) of subsection (2), subsection
715 (10), and paragraph (a) of subsection (11) of section 790.06,
716 Florida Statutes, are amended to read:
717 790.06 License to carry concealed weapon or firearm.—
718 (2) The Department of Agriculture and Consumer Services
719 shall issue a license if the applicant:
720 (h) Demonstrates competence with a firearm by any one of
721 the following:
722 1. Completion of any hunter education or hunter safety
723 course approved by the Fish and Wildlife Conservation Commission
724 or a similar agency of another state;
725 2. Completion of any National Rifle Association firearms
726 safety or training course;
727 3. Completion of any firearms safety or training course or
728 class available to the general public offered by a law
729 enforcement, junior college, college, or private or public
730 institution or organization or firearms training school,
731 utilizing instructors certified by the National Rifle
732 Association, Criminal Justice Standards and Training Commission,
733 or the Department of Agriculture and Consumer Services;
734 4. Completion of any law enforcement firearms safety or
735 training course or class offered for security guards,
736 investigators, special deputies, or any division or subdivision
737 of law enforcement or security enforcement;
738 5. Presents evidence of equivalent experience with a
739 firearm through participation in organized shooting competition
740 or military service;
741 6. Is licensed or has been licensed to carry a firearm in
742 this state or a county or municipality of this state, unless
743 such license has been revoked for cause; or
744 7. Completion of any firearms training or safety course or
745 class conducted by a state-certified or National Rifle
746 Association certified firearms instructor;
747
748 A photocopy of a certificate of completion of any of the courses
749 or classes; or an affidavit from the instructor, school, club,
750 organization, or group that conducted or taught such said course
751 or class attesting to the completion of the course or class by
752 the applicant; or a copy of any document that which shows
753 completion of the course or class or evidences participation in
754 firearms competition shall constitute evidence of qualification
755 under this paragraph. A; any person who conducts a course
756 pursuant to subparagraph 2., subparagraph 3., or subparagraph
757 7., or who, as an instructor, attests to the completion of such
758 courses, must maintain records certifying that he or she
759 observed the student safely handle and discharge the firearm in
760 his or her physical presence and that the discharge of the
761 firearm included live fire using a firearm and ammunition as
762 defined in s. 790.001;
763 (10) A license issued under this section shall be suspended
764 or revoked pursuant to chapter 120 if the licensee:
765 (a) Is found to be ineligible under the criteria set forth
766 in subsection (2);
767 (b) Develops or sustains a physical infirmity which
768 prevents the safe handling of a weapon or firearm;
769 (c) Is convicted of a felony which would make the licensee
770 ineligible to possess a firearm pursuant to s. 790.23;
771 (d) Is found guilty of a crime under the provisions of
772 chapter 893, or similar laws of any other state, relating to
773 controlled substances;
774 (e) Is committed as a substance abuser under chapter 397,
775 or is deemed a habitual offender under s. 856.011(3), or similar
776 laws of any other state;
777 (f) Is convicted of a second violation of s. 316.193, or a
778 similar law of another state, within 3 years after of a first
779 previous conviction of such section, or similar law of another
780 state, even though the first violation may have occurred before
781 prior to the date on which the application was submitted;
782 (g) Is adjudicated an incapacitated person under s.
783 744.331, or similar laws of any other state; or
784 (h) Is committed to a mental institution under chapter 394,
785 or similar laws of any other state.
786
787 Notwithstanding s. 120.60(5), notice of the suspension or
788 revocation of a concealed weapon or firearm license or the
789 suspension of the processing of an application for such license
790 shall be given by personal delivery to the licensee, by first
791 class mail in an envelope, postage prepaid, addressed to the
792 licensee at his or her last known mailing address furnished to
793 the department, or by e-mail if the licensee has provided an e
794 mail address to the department. Such mailing or sending of e
795 mail by the department constitutes notification, and any failure
796 by the person to receive the mailed or e-mailed notice does not
797 stay the effective date or term of the suspension or revocation.
798 The giving of notice by mail is complete upon expiration of 20
799 days after deposit in the United States mail. Proof of the
800 giving of notice shall be made by entry in the records of the
801 department that such notice was given. The entry is admissible
802 in the courts of this state and constitutes sufficient proof
803 that such notice was given.
804 (11)(a) At least No less than 90 days before the expiration
805 date of the license, the Department of Agriculture and Consumer
806 Services shall mail to each licensee a written notice of the
807 expiration and a renewal form prescribed by the Department of
808 Agriculture and Consumer Services. The licensee must renew his
809 or her license on or before the expiration date by filing with
810 the Department of Agriculture and Consumer Services the renewal
811 form containing an a notarized affidavit submitted under oath
812 and under penalty of perjury stating that the licensee remains
813 qualified pursuant to the criteria specified in subsections (2)
814 and (3), a color photograph as specified in paragraph (5)(e),
815 and the required renewal fee. Out-of-state residents must also
816 submit a complete set of fingerprints and fingerprint processing
817 fee. The license shall be renewed upon receipt of the completed
818 renewal form, color photograph, appropriate payment of fees,
819 and, if applicable, fingerprints. Additionally, a licensee who
820 fails to file a renewal application on or before its expiration
821 date must renew his or her license by paying a late fee of $15.
822 A license may not be renewed 180 days or more after its
823 expiration date, and such a license is deemed to be permanently
824 expired. A person whose license has been permanently expired may
825 reapply for licensure; however, an application for licensure and
826 fees under subsection (5) must be submitted, and a background
827 investigation shall be conducted pursuant to this section. A
828 person who knowingly files false information under this
829 subsection is subject to criminal prosecution under s. 837.06.
830 Section 20. Subsection (8) is added to section 790.0625,
831 Florida Statutes, to read:
832 790.0625 Appointment of tax collectors to accept
833 applications for a concealed weapon or firearm license; fees;
834 penalties.—
835 (8) Upon receipt of a completed renewal application, a new
836 color photograph, and appropriate payment of fees, a tax
837 collector authorized to accept renewal applications for
838 concealed weapon or firearm licenses under this section may,
839 upon approval and confirmation of license issuance by the
840 department, print and deliver a concealed weapon or firearm
841 license to a licensee renewing his or her license at the tax
842 collector’s office.
843 Section 21. This act shall take effect July 1, 2015.