Florida Senate - 2015 CS for SB 1444
By the Committee on Commerce and Tourism; and Senator Richter
577-02332-15 20151444c1
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; revising the initial and renewal
96 fees for a concealed weapon or firearm license;
97 requiring notice of the suspension or revocation of a
98 concealed weapon or firearm license or the suspension
99 of the processing of an application for such license
100 to be given by personal delivery, first-class mail, or
101 e-mail; requiring concealed weapon or firearm license
102 renewals to include an affidavit submitted under oath
103 and under penalty of perjury; amending s. 790.0625,
104 F.S.; authorizing certain tax collector offices, upon
105 approval and confirmation of license issuance by the
106 Department of Agriculture and Consumer Services, to
107 print and deliver concealed weapon or firearm
108 licenses; providing an effective date.
109
110 Be It Enacted by the Legislature of the State of Florida:
111
112 Section 1. Subsection (3) of section 472.015, Florida
113 Statutes, is amended to read:
114 472.015 Licensure.—
115 (3)(a) Before the issuance of any license, the department
116 may charge an initial license fee as determined by rule of the
117 board. Upon receipt of the appropriate license fee, except as
118 provided in subsection (6), the department shall issue a license
119 to any person certified by the board, or its designee, as having
120 met the applicable requirements imposed by law or rule. However,
121 an applicant who is not otherwise qualified for licensure is not
122 entitled to licensure solely based on a passing score on a
123 required examination.
124 (b) The department shall waive the initial license fee for
125 an honorably discharged veteran of the United States Armed
126 Forces, the spouse of such a veteran, or a business entity that
127 has a majority ownership held by such a veteran or spouse if the
128 department receives an application, in a format prescribed by
129 the department, within 60 months after the date of the veteran’s
130 discharge from any branch of the United States Armed Forces. To
131 qualify for the waiver, a veteran must provide to the department
132 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
133 veteran must provide to the department a copy of the veteran’s
134 DD Form 214 or NGB Form 22 and a copy of a valid marriage
135 license or certificate verifying that he or she was lawfully
136 married to the veteran at the time of discharge; or a business
137 entity must provide to the department proof that a veteran or
138 the spouse of a veteran holds a majority ownership in the
139 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
140 and, if applicable, a copy of a valid marriage license or
141 certificate verifying that the spouse of the veteran was
142 lawfully married to the veteran at the time of discharge.
143 Section 2. Paragraph (j) of subsection (3) of section
144 493.6105, Florida Statutes, is amended to read:
145 493.6105 Initial application for license.—
146 (3) The application must contain the following information
147 concerning the individual signing the application:
148 (j) A full set of fingerprints, a fingerprint processing
149 fee, and a fingerprint retention fee to cover the cost of
150 retaining the fingerprints in the statewide automated biometric
151 identification system pursuant to s. 493.6108(2)(a) and the cost
152 of enrolling the fingerprints in the national retained print
153 arrest notification program when the program is operational and
154 the Department of Law Enforcement begins participation. The
155 fingerprint processing and retention fees shall to be
156 established by rule of the department based upon costs
157 determined by state and federal agency charges and department
158 processing costs. An applicant who has, within the immediately
159 preceding 6 months, submitted such fingerprints and fees fee for
160 licensing purposes under this chapter and who still holds a
161 valid license is not required to submit another set of
162 fingerprints or another fingerprint processing fee. An applicant
163 who holds multiple licenses issued under this chapter is
164 required to pay only a single fingerprint retention fee.
165 Section 3. Paragraph (f) of subsection (1) of section
166 493.6106, Florida Statutes, is amended to read:
167 493.6106 License requirements; posting.—
168 (1) Each individual licensed by the department must:
169 (f) Be a citizen or permanent legal resident alien of the
170 United States or have appropriate authorization issued by the
171 United States Citizenship and Immigration Services of the United
172 States Department of Homeland Security.
173 1. An applicant for a Class “C,” Class “CC,” Class “D,”
174 Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
175 “MB,” Class “MR,” or Class “RI” license who is not a United
176 States citizen must submit proof of current employment
177 authorization issued by the United States Citizenship and
178 Immigration Services or proof that she or he is deemed a
179 permanent legal resident alien by the United States Citizenship
180 and Immigration Services.
181 2. An applicant for a Class “G” or Class “K” license who is
182 not a United States citizen must submit proof that she or he is
183 deemed a permanent legal resident alien by the United States
184 Citizenship and Immigration Services, together with additional
185 documentation establishing that she or he has resided in the
186 state of residence shown on the application for at least 90
187 consecutive days before the date that the application is
188 submitted.
189 3. An applicant for an agency or school license who is not
190 a United States citizen or permanent legal resident alien must
191 submit documentation issued by the United States Citizenship and
192 Immigration Services stating that she or he is lawfully in the
193 United States and is authorized to own and operate the type of
194 agency or school for which she or he is applying. An employment
195 authorization card issued by the United States Citizenship and
196 Immigration Services is not sufficient documentation.
197 Section 4. Subsections (2) and (3) of section 493.6108,
198 Florida Statutes, are renumbered as subsections (3) and (4),
199 respectively, and a new subsection (2) is added to that section,
200 to read:
201 493.6108 Investigation of applicants by Department of
202 Agriculture and Consumer Services.—
203 (2)(a) The Department of Law Enforcement shall retain and
204 enter into the statewide automated biometric identification
205 system authorized under s. 943.05 all fingerprints submitted to
206 the department pursuant to this chapter. The Department of Law
207 Enforcement shall enroll such fingerprints in the national
208 retained print arrest notification program when the program is
209 operational and the Department of Law Enforcement begins
210 participation. Thereafter, the fingerprints shall be available
211 for arrest notifications required by paragraph (b) and all
212 purposes and uses authorized for arrest fingerprints entered
213 into the statewide automated biometric identification system.
214 (b) The Department of Law Enforcement shall search all
215 arrest fingerprints against fingerprints retained pursuant to
216 paragraph (a) and report any arrest record identified by the
217 Department of Law Enforcement or the Federal Bureau of
218 Investigation to the department. If the department receives
219 information about an arrest within the state of a person who
220 holds a valid license issued under this chapter for a crime that
221 could potentially disqualify the person from holding such a
222 license, the department shall provide the arrest information to
223 the agency that employs the licensee.
224 Section 5. Subsection (3) of section 493.6113, Florida
225 Statutes, is amended to read:
226 493.6113 Renewal application for licensure.—
227 (3)(a) Each licensee is responsible for renewing his or her
228 license on or before its expiration by filing with the
229 department an application for renewal accompanied by payment of
230 the renewal fee and the fingerprint retention fee to cover the
231 cost of ongoing retention in the statewide automated biometric
232 identification system prescribed license fee.
233 (b) In addition to the fees specified in paragraph (a), a
234 person holding a valid license issued under this chapter before
235 January 1, 2016, must submit upon first renewal of the license a
236 full set of fingerprints and a fingerprint processing fee to
237 cover the cost of entering the fingerprints into the statewide
238 automated biometric identification system pursuant to s.
239 493.6108(2)(a). Subsequent renewals may be completed without
240 submission of a set of fingerprints.
241 (c)(a) Each Class “B” licensee shall additionally submit on
242 a form prescribed by the department a certification of insurance
243 that evidences that the licensee maintains coverage as required
244 under s. 493.6110.
245 (d)(b) Each Class “G” licensee shall additionally submit
246 proof that he or she has received during each year of the
247 license period a minimum of 4 hours of firearms recertification
248 training taught by a Class “K” licensee and has complied with
249 such other health and training requirements that the department
250 shall adopt by rule. Proof of completion of firearms
251 recertification training shall be submitted to the department
252 upon completion of the training. If the licensee fails to
253 complete the required 4 hours of annual training during the
254 first year of the 2-year term of the license, the license shall
255 be automatically suspended. The licensee must complete the
256 minimum number of hours of range and classroom training required
257 at the time of initial licensure and submit proof of completion
258 of such training to the department before the license may be
259 reinstated. If the licensee fails to complete the required 4
260 hours of annual training during the second year of the 2-year
261 term of the license, the licensee must complete the minimum
262 number of hours of range and classroom training required at the
263 time of initial licensure and submit proof of completion of such
264 training to the department before the license may be renewed.
265 The department may waive the firearms training requirement if:
266 1. The applicant provides proof that he or she is currently
267 certified as a law enforcement officer or correctional officer
268 under the Criminal Justice Standards and Training Commission and
269 has completed law enforcement firearms requalification training
270 annually during the previous 2 years of the licensure period;
271 2. The applicant provides proof that he or she is currently
272 certified as a federal law enforcement officer and has received
273 law enforcement firearms training administered by a federal law
274 enforcement agency annually during the previous 2 years of the
275 licensure period; or
276 3. The applicant submits a valid firearm certificate among
277 those specified in s. 493.6105(6)(a) and provides proof of
278 having completed requalification training during the previous 2
279 years of the licensure period.
280 (e)(c) Each Class “DS” or Class “RS” licensee shall
281 additionally submit the current curriculum, examination, and
282 list of instructors.
283 (f)(d) Each Class “K” licensee shall additionally submit
284 one of the certificates specified under s. 493.6105(6) as proof
285 that he or she remains certified to provide firearms
286 instruction.
287 Section 6. Subsection (6) of section 493.6115, Florida
288 Statutes, is amended to read:
289 493.6115 Weapons and firearms.—
290 (6) In addition to any other firearm approved by the
291 department, a licensee who has been issued a Class “G” license
292 may carry a .38 caliber revolver; or a .380 caliber or 9
293 millimeter semiautomatic pistol; or a .357 caliber revolver with
294 .38 caliber ammunition only; or a .40 caliber handgun; or a .45
295 ACP handgun while performing duties authorized under this
296 chapter. A licensee may not carry more than two firearms upon
297 her or his person when performing her or his duties. A licensee
298 may only carry a firearm of the specific type and caliber with
299 which she or he is qualified pursuant to the firearms training
300 referenced in subsection (8) or s. 493.6113(3)(d)
301 493.6113(3)(b).
302 Section 7. Paragraph (u) of subsection (1) of section
303 493.6118, Florida Statutes, is amended to read:
304 493.6118 Grounds for disciplinary action.—
305 (1) The following constitute grounds for which disciplinary
306 action specified in subsection (2) may be taken by the
307 department against any licensee, agency, or applicant regulated
308 by this chapter, or any unlicensed person engaged in activities
309 regulated under this chapter.
310 (u) For a Class “G” licensee, failing to timely complete
311 recertification training as required in s. 493.6113(3)(d)
312 493.6113(3)(b).
313 Section 8. Subsection (2) of section 501.015, Florida
314 Statutes, is amended to read:
315 501.015 Health studios; registration requirements and
316 fees.—Each health studio shall:
317 (2) Remit an annual registration fee of $300 to the
318 department at the time of registration for each of the health
319 studio’s business locations. The department shall waive the
320 initial registration fee for an honorably discharged veteran of
321 the United States Armed Forces, the spouse of such a veteran, or
322 a business entity that has a majority ownership held by such a
323 veteran or spouse if the department receives an application, in
324 a format prescribed by the department, within 60 months after
325 the date of the veteran’s discharge from any branch of the
326 United States Armed Forces. To qualify for the waiver, a veteran
327 must provide to the department a copy of his or her DD Form 214
328 or NGB Form 22; the spouse of a veteran must provide to the
329 department a copy of the veteran’s DD Form 214 or NGB Form 22
330 and a copy of a valid marriage license or certificate verifying
331 that he or she was lawfully married to the veteran at the time
332 of discharge; or a business entity must provide to the
333 department proof that a veteran or the spouse of a veteran holds
334 a majority ownership in the business, a copy of the veteran’s DD
335 Form 214 or NGB Form 22, and, if applicable, a copy of a valid
336 marriage license or certificate verifying that the spouse of the
337 veteran was lawfully married to the veteran at the time of
338 discharge.
339 Section 9. Subsections (1) and (2) of section 501.0581,
340 Florida Statutes, are amended to read:
341 501.0581 Commercial Weight-Loss Practices Act; civil
342 remedies.—
343 (1) The Department of Health Agriculture and Consumer
344 Services may bring a civil action in circuit court for temporary
345 or permanent injunctive relief to enforce the provisions of this
346 act and may seek other appropriate civil relief, including a
347 civil penalty not to exceed $5,000 for each violation, for
348 restitution and damages for injured customers, court costs, and
349 reasonable attorney attorney’s fees.
350 (2) The Department of Health Agriculture and Consumer
351 Services may terminate any investigation or action upon
352 agreement by the offender to pay a stipulated civil penalty,
353 make restitution or pay damages to customers, or satisfy any
354 other relief authorized herein and requested by the department.
355 Section 10. Subsection (3) of section 501.0583, Florida
356 Statutes, is amended to read:
357 501.0583 Selling, delivering, bartering, furnishing, or
358 giving weight-loss pills to persons under age 18; penalties;
359 defense.—
360 (3) A first violation of subsection (2) or this subsection
361 is punishable by a fine of $100. A second violation of
362 subsection (2) or this subsection is punishable by a fine of
363 $250. A third violation of subsection (2) or this subsection is
364 punishable by a fine of $500. A fourth or subsequent violation
365 of subsection (2) or this subsection is punishable by a fine as
366 determined by the Department of Health Agriculture and Consumer
367 Services, not to exceed $1,000.
368 Section 11. Paragraph (j) of subsection (2) and paragraph
369 (b) of subsection (5) of section 501.605, Florida Statutes, are
370 amended to read:
371 501.605 Licensure of commercial telephone sellers.—
372 (2) An applicant for a license as a commercial telephone
373 seller must submit to the department, in such form as it
374 prescribes, a written application for the license. The
375 application must set forth the following information:
376 (j) The complete street address of each location,
377 designating the principal location, from which the applicant
378 will be doing business. The street address may not be If any
379 location is a mail drop, this shall be disclosed as such.
380
381 The application shall be accompanied by a copy of any: Script,
382 outline, or presentation the applicant will require or suggest a
383 salesperson to use when soliciting, or, if no such document is
384 used, a statement to that effect; sales information or
385 literature to be provided by the applicant to a salesperson; and
386 sales information or literature to be provided by the applicant
387 to a purchaser in connection with any solicitation.
388 (5) An application filed pursuant to this part must be
389 verified and accompanied by:
390 (b) A fee for licensing in the amount of $1,500. The fee
391 shall be deposited into the General Inspection Trust Fund. The
392 department shall waive the initial licensing fee for an
393 honorably discharged veteran of the United States Armed Forces,
394 the spouse of such a veteran, or a business entity that has a
395 majority ownership held by such a veteran or spouse if the
396 department receives an application, in a format prescribed by
397 the department, within 60 months after the date of the veteran’s
398 discharge from any branch of the United States Armed Forces. To
399 qualify for the waiver, a veteran must provide to the department
400 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
401 veteran must provide to the department a copy of the veteran’s
402 DD Form 214 or NGB Form 22 and a copy of a valid marriage
403 license or certificate verifying that he or she was lawfully
404 married to the veteran at the time of discharge; or a business
405 entity must provide to the department proof that a veteran or
406 the spouse of a veteran holds a majority ownership in the
407 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
408 and, if applicable, a copy of a valid marriage license or
409 certificate verifying that the spouse of the veteran was
410 lawfully married to the veteran at the time of discharge.
411 Section 12. Paragraph (b) of subsection (2) of section
412 501.607, Florida Statutes, is amended to read:
413 501.607 Licensure of salespersons.—
414 (2) An application filed pursuant to this section must be
415 verified and be accompanied by:
416 (b) A fee for licensing in the amount of $50 per
417 salesperson. The fee shall be deposited into the General
418 Inspection Trust Fund. The fee for licensing may be paid after
419 the application is filed, but must be paid within 14 days after
420 the applicant begins work as a salesperson. The department shall
421 waive the initial licensing fee for an honorably discharged
422 veteran of the United States Armed Forces, the spouse of such a
423 veteran, or a business entity that has a majority ownership held
424 by such a veteran or spouse if the department receives an
425 application, in a format prescribed by the department, within 60
426 months after the date of the veteran’s discharge from any branch
427 of the United States Armed Forces. To qualify for the waiver, a
428 veteran must provide to the department a copy of his or her DD
429 Form 214 or NGB Form 22; the spouse of a veteran must provide to
430 the department a copy of the veteran’s DD Form 214 or NGB Form
431 22 and a copy of a valid marriage license or certificate
432 verifying that he or she was lawfully married to the veteran at
433 the time of discharge; or a business entity must provide to the
434 department proof that a veteran or the spouse of a veteran holds
435 a majority ownership in the business, a copy of the veteran’s DD
436 Form 214 or NGB Form 22, and, if applicable, a copy of a valid
437 marriage license or certificate verifying that the spouse of the
438 veteran was lawfully married to the veteran at the time of
439 discharge.
440 Section 13. Subsection (3) of section 507.03, Florida
441 Statutes, is amended to read:
442 507.03 Registration.—
443 (3)(a) Registration fees shall be calculated at the rate of
444 $300 per year per mover or moving broker. All amounts collected
445 shall be deposited by the Chief Financial Officer to the credit
446 of the General Inspection Trust Fund of the department for the
447 sole purpose of administration of this chapter.
448 (b) The department shall waive the initial registration fee
449 for an honorably discharged veteran of the United States Armed
450 Forces, the spouse of such a veteran, or a business entity that
451 has a majority ownership held by such a veteran or spouse if the
452 department receives an application, in a format prescribed by
453 the department, within 60 months after the date of the veteran’s
454 discharge from any branch of the United States Armed Forces. To
455 qualify for the waiver, a veteran must provide to the department
456 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
457 veteran must provide to the department a copy of the veteran’s
458 DD Form 214 or NGB Form 22 and a copy of a valid marriage
459 license or certificate verifying that he or she was lawfully
460 married to the veteran at the time of discharge; or a business
461 entity must provide to the department proof that a veteran or
462 the spouse of a veteran holds a majority ownership in the
463 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
464 and, if applicable, a copy of a valid marriage license or
465 certificate verifying that the spouse of the veteran was
466 lawfully married to the veteran at the time of discharge.
467 Section 14. Subsection (3) of section 527.02, Florida
468 Statutes, is amended to read:
469 527.02 License; penalty; fees.—
470 (3)(a) An Any applicant for an original license who submits
471 an whose application is submitted during the last 6 months of
472 the license year may have the original license fee reduced by
473 one-half for the 6-month period. This provision applies shall
474 apply only to those companies applying for an original license
475 and may shall not be applied to licensees who held a license
476 during the previous license year and failed to renew the
477 license. The department may refuse to issue an initial license
478 to an any applicant who is under investigation in any
479 jurisdiction for an action that would constitute a violation of
480 this chapter until such time as the investigation is complete.
481 (b) The department shall waive the original license fee for
482 an honorably discharged veteran of the United States Armed
483 Forces, the spouse of such a veteran, or a business entity that
484 has a majority ownership held by such a veteran or spouse if the
485 department receives an application, in a format prescribed by
486 the department, within 60 months after the date of the veteran’s
487 discharge from any branch of the United States Armed Forces. To
488 qualify for the waiver, a veteran must provide to the department
489 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
490 veteran must provide to the department a copy of the veteran’s
491 DD Form 214 or NGB Form 22 and a copy of a valid marriage
492 license or certificate verifying that he or she was lawfully
493 married to the veteran at the time of discharge; or a business
494 entity must provide to the department proof that a veteran or
495 the spouse of a veteran holds a majority ownership in the
496 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
497 and, if applicable, a copy of a valid marriage license or
498 certificate verifying that the spouse of the veteran was
499 lawfully married to the veteran at the time of discharge.
500 Section 15. Paragraph (c) of subsection (3) of section
501 539.001, Florida Statutes, is amended to read:
502 539.001 The Florida Pawnbroking Act.—
503 (3) LICENSE REQUIRED.—
504 (c) Each license is valid for a period of 1 year unless it
505 is earlier relinquished, suspended, or revoked. Each license
506 shall be renewed annually, and each licensee shall, initially
507 and annually thereafter, pay to the agency a license fee of $300
508 for each license held. The agency shall waive the initial
509 license fee for an honorably discharged veteran of the United
510 States Armed Forces, the spouse of such a veteran, or a business
511 entity that has a majority ownership held by such a veteran or
512 spouse if the agency receives an application, in a format
513 prescribed by the agency, within 60 months after the date of the
514 veteran’s discharge from any branch of the United States Armed
515 Forces. To qualify for the waiver, a veteran must provide to the
516 department a copy of his or her DD Form 214 or NGB Form 22; the
517 spouse of a veteran must provide to the agency a copy of the
518 veteran’s DD Form 214 or NGB Form 22 and a copy of a valid
519 marriage license or certificate verifying that he or she was
520 lawfully married to the veteran at the time of discharge; or a
521 business entity must provide to the agency proof that a veteran
522 or the spouse of a veteran holds a majority ownership in the
523 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
524 and, if applicable, a copy of a valid marriage license or
525 certificate verifying that the spouse of the veteran was
526 lawfully married to the veteran at the time of discharge.
527 Section 16. Subsection (3) of section 559.904, Florida
528 Statutes, is amended to read:
529 559.904 Motor vehicle repair shop registration;
530 application; exemption.—
531 (3)(a) Each application for registration must be
532 accompanied by a registration fee calculated on a per-year basis
533 as follows:
534 1.(a) If the place of business has 1 to 5 employees: $50.
535 2.(b) If the place of business has 6 to 10 employees: $150.
536 3.(c) If the place of business has 11 or more employees:
537 $300.
538 (b) The department shall waive the initial registration fee
539 for an honorably discharged veteran of the United States Armed
540 Forces, the spouse of such a veteran, or a business entity that
541 has a majority ownership held by such a veteran or spouse if the
542 department receives an application, in a format prescribed by
543 the department, within 60 months after the date of the veteran’s
544 discharge from any branch of the United States Armed Forces. To
545 qualify for the waiver, a veteran must provide to the department
546 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
547 veteran must provide to the department a copy of the veteran’s
548 DD Form 214 or NGB Form 22 and a copy of a valid marriage
549 license or certificate verifying that he or she was lawfully
550 married to the veteran at the time of discharge; or a business
551 entity must provide to the department proof that a veteran or
552 the spouse of a veteran holds a majority ownership in the
553 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
554 and, if applicable, a copy of a valid marriage license or
555 certificate verifying that the spouse of the veteran was
556 lawfully married to the veteran at the time of discharge.
557 Section 17. Paragraph (c) is added to subsection (2) of
558 section 559.928, Florida Statutes, to read:
559 559.928 Registration.—
560 (2)
561 (c) The department shall waive the initial registration fee
562 for an honorably discharged veteran of the United States Armed
563 Forces, the spouse of such a veteran, or a business entity that
564 has a majority ownership held by such a veteran or spouse if the
565 department receives an application, in a format prescribed by
566 the department, within 60 months after the date of the veteran’s
567 discharge from any branch of the United States Armed Forces. To
568 qualify for the waiver, a veteran must provide to the department
569 a copy of his or her DD Form 214 or NGB Form 22; the spouse of a
570 veteran must provide to the department a copy of the veteran’s
571 DD Form 214 or NGB Form 22 and a copy of a valid marriage
572 license or certificate verifying that he or she was lawfully
573 married to the veteran at the time of discharge; or the business
574 entity must provide to the department proof that a veteran or
575 the spouse of a veteran holds a majority ownership in the
576 business, a copy of the veteran’s DD Form 214 or NGB Form 22,
577 and, if applicable, a copy of a valid marriage license or
578 certificate verifying that the spouse of the veteran was
579 lawfully married to the veteran at the time of discharge.
580 Section 18. Paragraph (b) of subsection (5), paragraph (a)
581 of subsection (10), and subsections (15) and (16) of section
582 616.242, Florida Statutes, are amended to read:
583 616.242 Safety standards for amusement rides.—
584 (5) ANNUAL PERMIT.—
585 (b) To apply for an annual permit, an owner must submit to
586 the department a written application on a form prescribed by
587 rule of the department, which must include the following:
588 1. The legal name, address, and primary place of business
589 of the owner.
590 2. A description, manufacturer’s name, serial number, model
591 number and, if previously assigned, the United States Amusement
592 Identification Number of the amusement ride.
593 3. A valid certificate of insurance or bond for each
594 amusement ride.
595 4. An affidavit of compliance that the amusement ride was
596 inspected in person by the affiant and that the amusement ride
597 is in general conformance with the requirements of this section
598 and all applicable rules adopted by the department. The
599 affidavit must be executed by a professional engineer or a
600 qualified inspector at least no earlier than 60 days before, but
601 not later than, the date of the filing of the application is
602 filed with the department. The owner shall request inspection
603 and permitting of the amusement ride within 60 days after of the
604 date of filing the application is filed with the department. The
605 department shall inspect and permit the amusement ride within 60
606 days after the date filing the application is filed with the
607 department.
608 5. If required by subsection (6), an affidavit of
609 nondestructive testing dated and executed at least no earlier
610 than 60 days before prior to, but not later than, the date of
611 the filing of the application is filed with the department. The
612 owner shall request inspection and permitting of the amusement
613 ride within 60 days after of the date of filing the application
614 is filed with the department. The department shall inspect and
615 permit the amusement ride within 60 days after the date filing
616 the application is filed with the department.
617 6. A request for inspection.
618 7. Upon request, the owner shall, at no cost to the
619 department, provide the department a copy of the manufacturer’s
620 current recommended operating instructions in the possession of
621 the owner, the owner’s operating fact sheet, and any written
622 bulletins in the possession of the owner concerning the safety,
623 operation, or maintenance of the amusement ride.
624 (10) EXEMPTIONS.—
625 (a) This section does not apply to:
626 1. Permanent facilities that employ at least 1,000 full
627 time employees and that maintain full-time, in-house safety
628 inspectors. Furthermore, the permanent facilities must file an
629 affidavit of the annual inspection with the department, on a
630 form prescribed by rule of the department. Additionally, the
631 Department of Agriculture and Consumer Services may consult
632 annually with the permanent facilities regarding industry safety
633 programs.
634 2. Any playground operated by a school, local government,
635 or business licensed under chapter 509, if the playground is an
636 incidental amenity and the operating entity is not primarily
637 engaged in providing amusement, pleasure, thrills, or
638 excitement.
639 3. Museums or other institutions principally devoted to the
640 exhibition of products of agriculture, industry, education,
641 science, religion, or the arts.
642 4. Conventions or trade shows for the sale or exhibit of
643 amusement rides if there are a minimum of 15 amusement rides on
644 display or exhibition, and if any operation of such amusement
645 rides is limited to the registered attendees of the convention
646 or trade show.
647 5. Skating rinks, arcades, laser lazer or paint ball war
648 games, bowling alleys, miniature golf courses, mechanical bulls,
649 inflatable rides, trampolines, ball crawls, exercise equipment,
650 jet skis, paddle boats, airboats, helicopters, airplanes,
651 parasails, hot air or helium balloons whether tethered or
652 untethered, theatres, batting cages, stationary spring-mounted
653 fixtures, rider-propelled merry-go-rounds, games, side shows,
654 live animal rides, or live animal shows.
655 6. Go-karts operated in competitive sporting events if
656 participation is not open to the public.
657 7. Nonmotorized playground equipment that is not required
658 to have a manager.
659 8. Coin-actuated amusement rides designed to be operated by
660 depositing coins, tokens, credit cards, debit cards, bills, or
661 other cash money and which are not required to have a manager,
662 and which have a capacity of six persons or less.
663 9. Facilities described in s. 549.09(1)(a) when such
664 facilities are operating cars, trucks, or motorcycles only.
665 10. Battery-powered cars or other vehicles that are
666 designed to be operated by children 7 years of age or under and
667 that cannot exceed a speed of 4 miles per hour.
668 11. Mechanically driven vehicles that pull train cars,
669 carts, wagons, or other similar vehicles, that are not confined
670 to a metal track or confined to an area but are steered by an
671 operator and do not exceed a speed of 4 miles per hour.
672 12. A water-related amusement ride operated by a business
673 licensed under chapter 509 if the water-related amusement ride
674 is an incidental amenity and the operating business is not
675 primarily engaged in providing amusement, pleasure, thrills, or
676 excitement and does not offer day rates.
677 13. An amusement ride at a private, membership-only
678 facility if the amusement ride is an incidental amenity and the
679 facility is not open to the general public, is not primarily
680 engaged in providing amusement, pleasure, thrills, or
681 excitement, and does not offer day rates.
682 14. A nonprofit permanent facility registered under chapter
683 496 which is not open to the general public.
684 (15) INSPECTION BY OWNER OR MANAGER.—Before Prior to
685 opening on each day of operation and before prior to any
686 inspection by the department, the owner or manager of an
687 amusement ride must inspect and test the amusement ride to
688 ensure compliance with all requirements of this section. Each
689 inspection must be recorded on a form prescribed by rule of the
690 department and signed by the person who conducted the
691 inspection. In lieu of the form prescribed by rule of the
692 department, the owner or manager may request approval of an
693 alternate form if the alternate form includes, at a minimum, the
694 information required on the form prescribed by rule of the
695 department. Inspection records of the last 14 daily inspections
696 must be kept on site by the owner or manager and made
697 immediately available to the department upon request.
698 (16) TRAINING OF EMPLOYEES.—The owner or manager of an any
699 amusement ride shall maintain a record of employee training for
700 each employee authorized to operate, assemble, disassemble,
701 transport, or conduct maintenance on an amusement ride, on a
702 form prescribed by rule of the department. In lieu of the form
703 prescribed by rule of the department, the owner or manager may
704 request approval of an alternate form if the alternate form
705 includes, at a minimum, the information required on the form
706 prescribed by rule of the department. The training record must
707 be kept on site by the owner or manager and made immediately
708 available to the department upon request. Training may not be
709 conducted when an amusement ride is open to the public unless
710 the training is conducted under the supervision of an employee
711 who is trained in the operation of that ride. The owner or
712 manager shall certify that each employee is trained, as required
713 by this section and any rules adopted thereunder, on the
714 amusement ride for which the employee is responsible.
715 Section 19. Subsection (2), paragraph (b) of subsection
716 (5), subsection (10), and paragraph (a) of subsection (11) of
717 section 790.06, Florida Statutes, are amended to read:
718 790.06 License to carry concealed weapon or firearm.—
719 (2) The Department of Agriculture and Consumer Services
720 shall issue a license if the applicant:
721 (a) Is a resident of the United States and a citizen of the
722 United States or a permanent resident alien of the United
723 States, as determined by the United States Bureau of Citizenship
724 and Immigration Services, or is a consular security official of
725 a foreign government that maintains diplomatic relations and
726 treaties of commerce, friendship, and navigation with the United
727 States and is certified as such by the foreign government and by
728 the appropriate embassy in this country;
729 (b) Is 21 years of age or older;
730 (c) Does not suffer from a physical infirmity which
731 prevents the safe handling of a weapon or firearm;
732 (d) Is not ineligible to possess a firearm pursuant to s.
733 790.23 by virtue of having been convicted of a felony;
734 (e) Has not been committed for the abuse of a controlled
735 substance or been found guilty of a crime under the provisions
736 of chapter 893 or similar laws of any other state relating to
737 controlled substances within a 3-year period immediately
738 preceding the date on which the application is submitted;
739 (f) Does not chronically and habitually use alcoholic
740 beverages or other substances to the extent that his or her
741 normal faculties are impaired. It shall be presumed that an
742 applicant chronically and habitually uses alcoholic beverages or
743 other substances to the extent that his or her normal faculties
744 are impaired if the applicant has been committed under chapter
745 397 or under the provisions of former chapter 396 or has been
746 convicted under s. 790.151 or has been deemed a habitual
747 offender under s. 856.011(3), or has had two or more convictions
748 under s. 316.193 or similar laws of any other state, within the
749 3-year period immediately preceding the date on which the
750 application is submitted;
751 (g) Desires a legal means to carry a concealed weapon or
752 firearm for lawful self-defense;
753 (h) Demonstrates competence with a firearm by any one of
754 the following:
755 1. Completion of any hunter education or hunter safety
756 course approved by the Fish and Wildlife Conservation Commission
757 or a similar agency of another state;
758 2. Completion of any National Rifle Association firearms
759 safety or training course;
760 3. Completion of any firearms safety or training course or
761 class available to the general public offered by a law
762 enforcement, junior college, college, or private or public
763 institution or organization or firearms training school,
764 utilizing instructors certified by the National Rifle
765 Association, Criminal Justice Standards and Training Commission,
766 or the Department of Agriculture and Consumer Services;
767 4. Completion of any law enforcement firearms safety or
768 training course or class offered for security guards,
769 investigators, special deputies, or any division or subdivision
770 of law enforcement or security enforcement;
771 5. Presents evidence of equivalent experience with a
772 firearm through participation in organized shooting competition
773 or military service;
774 6. Is licensed or has been licensed to carry a firearm in
775 this state or a county or municipality of this state, unless
776 such license has been revoked for cause; or
777 7. Completion of any firearms training or safety course or
778 class conducted by a state-certified or National Rifle
779 Association certified firearms instructor;
780
781 A photocopy of a certificate of completion of any of the courses
782 or classes; or an affidavit from the instructor, school, club,
783 organization, or group that conducted or taught such said course
784 or class attesting to the completion of the course or class by
785 the applicant; or a copy of any document that which shows
786 completion of the course or class or evidences participation in
787 firearms competition shall constitute evidence of qualification
788 under this paragraph. A; any person who conducts a course
789 pursuant to subparagraph 2., subparagraph 3., or subparagraph
790 7., or who, as an instructor, attests to the completion of such
791 courses, must maintain records certifying that he or she
792 observed the student safely handle and discharge the firearm in
793 his or her physical presence and that the discharge of the
794 firearm included live fire using a firearm and ammunition as
795 defined in s. 790.001;
796 (i) Has not been adjudicated an incapacitated person under
797 s. 744.331, or similar laws of any other state, unless 5 years
798 have elapsed since the applicant’s restoration to capacity by
799 court order;
800 (j) Has not been committed to a mental institution under
801 chapter 394, or similar laws of any other state, unless the
802 applicant produces a certificate from a licensed psychiatrist
803 that he or she has not suffered from disability for at least 5
804 years prior to the date of submission of the application;
805 (k) Has not had adjudication of guilt withheld or
806 imposition of sentence suspended on any felony or misdemeanor
807 crime of domestic violence unless 3 years have elapsed since
808 probation or any other conditions set by the court have been
809 fulfilled, or the record has been sealed or expunged;
810 (l) Has not been issued an injunction that is currently in
811 force and effect and that restrains the applicant from
812 committing acts of domestic violence or acts of repeat violence;
813 and
814 (m) Is not prohibited from purchasing or possessing a
815 firearm by any other provision of Florida or federal law.
816 (5) The applicant shall submit to the Department of
817 Agriculture and Consumer Services or an approved tax collector
818 pursuant to s. 790.0625:
819 (b) A nonrefundable license fee of up to $60 $70 if he or
820 she has not previously been issued a statewide license or of up
821 to $50 $60 for renewal of a statewide license. The cost of
822 processing fingerprints as required in paragraph (c) shall be
823 borne by the applicant. However, an individual holding an active
824 certification from the Criminal Justice Standards and Training
825 Commission as a law enforcement officer, correctional officer,
826 or correctional probation officer as defined in s. 943.10(1),
827 (2), (3), (6), (7), (8), or (9) is exempt from the licensing
828 requirements of this section. If such individual wishes to
829 receive a concealed weapon weapons or firearm firearms license,
830 he or she is exempt from the background investigation and all
831 background investigation fees, but must pay the current license
832 fees regularly required to be paid by nonexempt applicants.
833 Further, a law enforcement officer, a correctional officer, or a
834 correctional probation officer as defined in s. 943.10(1), (2),
835 or (3) is exempt from the required fees and background
836 investigation for a period of 1 year after his or her
837 retirement.
838 (10) A license issued under this section shall be suspended
839 or revoked pursuant to chapter 120 if the licensee:
840 (a) Is found to be ineligible under the criteria set forth
841 in subsection (2);
842 (b) Develops or sustains a physical infirmity which
843 prevents the safe handling of a weapon or firearm;
844 (c) Is convicted of a felony which would make the licensee
845 ineligible to possess a firearm pursuant to s. 790.23;
846 (d) Is found guilty of a crime under the provisions of
847 chapter 893, or similar laws of any other state, relating to
848 controlled substances;
849 (e) Is committed as a substance abuser under chapter 397,
850 or is deemed a habitual offender under s. 856.011(3), or similar
851 laws of any other state;
852 (f) Is convicted of a second violation of s. 316.193, or a
853 similar law of another state, within 3 years after of a first
854 previous conviction of such section, or similar law of another
855 state, even though the first violation may have occurred before
856 prior to the date on which the application was submitted;
857 (g) Is adjudicated an incapacitated person under s.
858 744.331, or similar laws of any other state; or
859 (h) Is committed to a mental institution under chapter 394,
860 or similar laws of any other state.
861
862 Notwithstanding s. 120.60(5), notice of the suspension or
863 revocation of a concealed weapon or firearm license or the
864 suspension of the processing of an application for such license
865 shall be given by personal delivery to the licensee, by first
866 class mail in an envelope, postage prepaid, addressed to the
867 licensee at his or her last known mailing address furnished to
868 the department, or by e-mail if the licensee has provided an e
869 mail address to the department. Such mailing or sending of e
870 mail by the department constitutes notification, and any failure
871 by the person to receive the mailed or e-mailed notice does not
872 stay the effective date or term of the suspension or revocation.
873 The giving of notice by mail is complete upon expiration of 20
874 days after deposit in the United States mail. Proof of the
875 giving of notice shall be made by entry in the records of the
876 department that such notice was given. The entry is admissible
877 in the courts of this state and constitutes sufficient proof
878 that such notice was given.
879 (11)(a) At least No less than 90 days before the expiration
880 date of the license, the Department of Agriculture and Consumer
881 Services shall mail to each licensee a written notice of the
882 expiration and a renewal form prescribed by the Department of
883 Agriculture and Consumer Services. The licensee must renew his
884 or her license on or before the expiration date by filing with
885 the Department of Agriculture and Consumer Services the renewal
886 form containing an a notarized affidavit submitted under oath
887 and under penalty of perjury stating that the licensee remains
888 qualified pursuant to the criteria specified in subsections (2)
889 and (3), a color photograph as specified in paragraph (5)(e),
890 and the required renewal fee. Out-of-state residents must also
891 submit a complete set of fingerprints and fingerprint processing
892 fee. The license shall be renewed upon receipt of the completed
893 renewal form, color photograph, appropriate payment of fees,
894 and, if applicable, fingerprints. Additionally, a licensee who
895 fails to file a renewal application on or before its expiration
896 date must renew his or her license by paying a late fee of $15.
897 A license may not be renewed 180 days or more after its
898 expiration date, and such a license is deemed to be permanently
899 expired. A person whose license has been permanently expired may
900 reapply for licensure; however, an application for licensure and
901 fees under subsection (5) must be submitted, and a background
902 investigation shall be conducted pursuant to this section. A
903 person who knowingly files false information under this
904 subsection is subject to criminal prosecution under s. 837.06.
905 Section 20. Subsection (8) is added to section 790.0625,
906 Florida Statutes, to read:
907 790.0625 Appointment of tax collectors to accept
908 applications for a concealed weapon or firearm license; fees;
909 penalties.—
910 (8) Upon receipt of a completed renewal application, a new
911 color photograph, and appropriate payment of fees, a tax
912 collector authorized to accept renewal applications for
913 concealed weapon or firearm licenses under this section may,
914 upon approval and confirmation of license issuance by the
915 department, print and deliver a concealed weapon or firearm
916 license to a licensee renewing his or her license at the tax
917 collector’s office.
918 Section 21. This act shall take effect July 1, 2015.