Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. CS for SB 772
Ì5888301Î588830
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/21/2016 .
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Appropriations Subcommittee on General Government (Simpson)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 472.007, Florida
6 Statutes, is amended to read:
7 472.007 Board of Professional Surveyors and Mappers.—There
8 is created in the Department of Agriculture and Consumer
9 Services the Board of Professional Surveyors and Mappers.
10 (1) The board shall consist of nine members, seven six of
11 whom shall be registered surveyors and mappers primarily engaged
12 in the practice of surveying and mapping, one of whom shall be a
13 registered surveyor and mapper with the designation of
14 photogrammetrist, and two of whom shall be laypersons who are
15 not and have never been surveyors and mappers or members of any
16 closely related profession or occupation.
17 Section 2. Subsection (3) of section 472.015, Florida
18 Statutes, is amended to read:
19 472.015 Licensure.—
20 (3)(a) Before the issuance of any license, the department
21 may charge an initial license fee as determined by rule of the
22 board. Upon receipt of the appropriate license fee, except as
23 provided in subsection (6), the department shall issue a license
24 to any person certified by the board, or its designee, as having
25 met the applicable requirements imposed by law or rule. However,
26 an applicant who is not otherwise qualified for licensure is not
27 entitled to licensure solely based on a passing score on a
28 required examination.
29 (b) The department shall waive the initial license fee for
30 an honorably discharged veteran of the United States Armed
31 Forces, the spouse of such a veteran, or a business entity that
32 has a majority ownership held by such a veteran or spouse if the
33 department receives an application, in a format prescribed by
34 the department, within 60 months after the date of the veteran’s
35 discharge from any branch of the United States Armed Forces. To
36 qualify for the waiver, a veteran must provide to the department
37 a copy of his or her DD Form 214, as issued by the United States
38 Department of Defense, or another acceptable form of
39 identification as specified by the Department of Veterans’
40 Affairs; the spouse of a veteran must provide to the department
41 a copy of the veteran’s DD Form 214, as issued by the United
42 States Department of Defense, or another acceptable form of
43 identification as specified by the Department of Veterans’
44 Affairs, and a copy of a valid marriage license or certificate
45 verifying that he or she was lawfully married to the veteran at
46 the time of discharge; or a business entity must provide to the
47 department proof that a veteran or the spouse of a veteran holds
48 a majority ownership in the business, a copy of the veteran’s DD
49 Form 214, as issued by the United States Department of Defense,
50 or another acceptable form of identification as specified by the
51 Department of Veterans’ Affairs, and, if applicable, a copy of a
52 valid marriage license or certificate verifying that the spouse
53 of the veteran was lawfully married to the veteran at the time
54 of discharge.
55 Section 3. Paragraph (c) is added to subsection (1) of
56 section 493.6105, Florida Statutes, and paragraph (j) of
57 subsection (3) of that section is amended, to read:
58 493.6105 Initial application for license.—
59 (1) Each individual, partner, or principal officer in a
60 corporation, shall file with the department a complete
61 application accompanied by an application fee not to exceed $60,
62 except that the applicant for a Class “D” or Class “G” license
63 is not required to submit an application fee. The application
64 fee is not refundable.
65 (c) The initial application fee for a veteran, as defined
66 in s. 1.01, shall be waived if he or she applies for a Class
67 “C,” Class “CC,” Class “DI,” Class “E,” Class “EE,” Class “K,”
68 Class “M,” Class “MA,” Class “MB,” Class “MR,” or Class “RI”
69 license within 24 months after being discharged from a branch of
70 the United States Armed Forces. An eligible veteran must include
71 a copy of his or her DD Form 214, as issued by the United States
72 Department of Defense, or another acceptable form of
73 identification as specified by the Department of Veterans’
74 Affairs with his or her application in order to obtain a waiver.
75 (3) The application must contain the following information
76 concerning the individual signing the application:
77 (j) A full set of fingerprints, a fingerprint processing
78 fee, and a fingerprint retention fee. The fingerprint processing
79 and retention fees shall to be established by rule of the
80 department based upon costs determined by state and federal
81 agency charges and department processing costs, which must
82 include the cost of retaining the fingerprints in the statewide
83 automated biometric identification system established in s.
84 943.05(2)(b) and the cost of enrolling the fingerprints in the
85 national retained print arrest notification program as required
86 under s. 493.6108. An applicant who has, within the immediately
87 preceding 6 months, submitted such fingerprints and fees fee for
88 licensing purposes under this chapter and who still holds a
89 valid license is not required to submit another set of
90 fingerprints or another fingerprint processing fee. An applicant
91 who holds multiple licenses issued under this chapter is
92 required to pay only a single fingerprint retention fee.
93 Section 4. Paragraph (f) of subsection (1) of section
94 493.6106, Florida Statutes, is amended to read:
95 493.6106 License requirements; posting.—
96 (1) Each individual licensed by the department must:
97 (f) Be a citizen or permanent legal resident alien of the
98 United States or have appropriate authorization issued by the
99 United States Citizenship and Immigration Services of the United
100 States Department of Homeland Security.
101 1. An applicant for a Class “C,” Class “CC,” Class “D,”
102 Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
103 “MB,” Class “MR,” or Class “RI” license who is not a United
104 States citizen must submit proof of current employment
105 authorization issued by the United States Citizenship and
106 Immigration Services or proof that she or he is deemed a
107 permanent legal resident alien by the United States Citizenship
108 and Immigration Services.
109 2. An applicant for a Class “G” or Class “K” license who is
110 not a United States citizen must submit proof that she or he is
111 deemed a permanent legal resident alien by the United States
112 Citizenship and Immigration Services, together with additional
113 documentation establishing that she or he has resided in the
114 state of residence shown on the application for at least 90
115 consecutive days before the date that the application is
116 submitted.
117 3. An applicant for an agency or school license who is not
118 a United States citizen or permanent legal resident alien must
119 submit documentation issued by the United States Citizenship and
120 Immigration Services stating that she or he is lawfully in the
121 United States and is authorized to own and operate the type of
122 agency or school for which she or he is applying. An employment
123 authorization card issued by the United States Citizenship and
124 Immigration Services is not sufficient documentation.
125 Section 5. Subsection (6) is added to section 493.6107,
126 Florida Statutes, to read:
127 493.6107 Fees.—
128 (6) The initial license fee for a veteran, as defined in s.
129 1.01, shall be waived if he or she applies for a Class “M” or
130 Class “K” license within 24 months after being discharged from
131 any branch of the United States Armed Forces. An eligible
132 veteran must include a copy of his or her DD Form 214, as issued
133 by the United States Department of Defense, or another
134 acceptable form of identification as specified by the Department
135 of Veterans’ Affairs with his or her application in order to
136 obtain a waiver.
137 Section 6. Subsections (4) and (5) are added to section
138 493.6108, Florida Statutes, to read:
139 493.6108 Investigation of applicants by Department of
140 Agriculture and Consumer Services.—
141 (4) Beginning January 1, 2017, the Department of Law
142 Enforcement shall:
143 (a) Retain and enter into the statewide automated biometric
144 identification system established in s. 943.05(2)(b) all
145 fingerprints submitted to the Department of Agriculture and
146 Consumer Services pursuant to this chapter.
147 (b) When the Department of Law Enforcement begins
148 participation in the Federal Bureau of Investigation’s national
149 retained print arrest notification program, enroll such
150 fingerprints in the program. The fingerprints must thereafter be
151 available for arrest notifications and all purposes and uses
152 authorized for arrest fingerprint submissions entered into the
153 statewide automated biometric identification system established
154 in s. 943.05(2)(b).
155 (c) Search all arrest fingerprints against fingerprints
156 retained.
157 (d) Report to the Department of Agriculture and Consumer
158 Services any arrest record that it identifies or that is
159 identified by the Federal Bureau of Investigation.
160 (5) If the department receives information about an arrest
161 within the state of a person who holds a valid license issued
162 under this chapter for a crime that could potentially disqualify
163 the person from holding such a license, the department must
164 provide the arrest information to the agency that employs the
165 licensee.
166 Section 7. Subsections (1) and (3) of section 493.6113,
167 Florida Statutes, are amended to read:
168 493.6113 Renewal application for licensure.—
169 (1) A license granted under the provisions of this chapter
170 shall be renewed biennially by the department, except for Class
171 “A,” Class “B,” Class “AB,” Class “K,” Class “R,” and branch
172 agency licenses, which shall be renewed every 3 years.
173 (3) Each licensee is responsible for renewing his or her
174 license on or before its expiration by filing with the
175 department an application for renewal accompanied by payment of
176 the renewal fee and the fingerprint retention fee to cover the
177 cost of ongoing retention in the statewide automated biometric
178 identification system established in s. 943.05(2)(b) prescribed
179 license fee. Upon the first renewal of a license issued under
180 this chapter before January 1, 2017, the licensee shall submit a
181 full set of fingerprints and fingerprint processing fees to
182 cover the cost of entering the fingerprints into the statewide
183 automated biometric identification system pursuant to s.
184 493.6108(4)(a) and, if applicable, enrollment in the Federal
185 Bureau of Investigation’s national retained print arrest
186 notification program. Subsequent renewals may be completed
187 without submission of a new set of fingerprints.
188 (a) Each Class “B” licensee shall additionally submit on a
189 form prescribed by the department a certification of insurance
190 that evidences that the licensee maintains coverage as required
191 under s. 493.6110.
192 (b) Each Class “G” licensee shall additionally submit proof
193 that he or she has received during each year of the license
194 period a minimum of 4 hours of firearms recertification training
195 taught by a Class “K” licensee and has complied with such other
196 health and training requirements that the department shall adopt
197 by rule. Proof of completion of firearms recertification
198 training shall be submitted to the department upon completion of
199 the training. If the licensee fails to complete the required 4
200 hours of annual training during the first year of the 2-year
201 term of the license, the license shall be automatically
202 suspended. The licensee must complete the minimum number of
203 hours of range and classroom training required at the time of
204 initial licensure and submit proof of completion of such
205 training to the department before the license may be reinstated.
206 If the licensee fails to complete the required 4 hours of annual
207 training during the second year of the 2-year term of the
208 license, the licensee must complete the minimum number of hours
209 of range and classroom training required at the time of initial
210 licensure and submit proof of completion of such training to the
211 department before the license may be renewed. The department may
212 waive the firearms training requirement if:
213 1. The applicant provides proof that he or she is currently
214 certified as a law enforcement officer or correctional officer
215 under the Criminal Justice Standards and Training Commission and
216 has completed law enforcement firearms requalification training
217 annually during the previous 2 years of the licensure period;
218 2. The applicant provides proof that he or she is currently
219 certified as a federal law enforcement officer and has received
220 law enforcement firearms training administered by a federal law
221 enforcement agency annually during the previous 2 years of the
222 licensure period; or
223 3. The applicant submits a valid firearm certificate among
224 those specified in s. 493.6105(6)(a) and provides proof of
225 having completed requalification training during the previous 2
226 years of the licensure period.
227 (c) Each Class “DS” or Class “RS” licensee shall
228 additionally submit the current curriculum, examination, and
229 list of instructors.
230 (d) Each Class “K” licensee shall additionally submit one
231 of the certificates specified under s. 493.6105(6) as proof that
232 he or she remains certified to provide firearms instruction.
233 Section 8. Subsection (4) is added to section 493.6202,
234 Florida Statutes, to read:
235 493.6202 Fees.—
236 (4) The initial license fee for a veteran, as defined in s.
237 1.01, shall be waived if he or she applies for a Class “C,”
238 Class “CC,” or Class “MA” license within 24 months after being
239 discharged from any branch of the United States Armed Forces. An
240 eligible veteran must include a copy of his or her DD Form 214,
241 as issued by the United States Department of Defense, or another
242 acceptable form of identification as specified by the Department
243 of Veterans’ Affairs with his or her application in order to
244 obtain a waiver.
245 Section 9. Subsection (4) is added to section 493.6302,
246 Florida Statutes, to read:
247 493.6302 Fees.—
248 (4) The initial license fee for a veteran, as defined in s.
249 1.01, shall be waived if he or she applies for a Class “D,”
250 Class “DI,” or Class “MB” license within 24 months after being
251 discharged from any branch of the United States Armed Forces. An
252 eligible veteran must include a copy of his or her DD Form 214,
253 as issued by the United States Department of Defense, or another
254 acceptable form of identification as specified by the Department
255 of Veterans’ Affairs with his or her application in order to
256 obtain a waiver.
257 Section 10. Subsection (4) is added to section 493.6402,
258 Florida Statutes, to read:
259 493.6402 Fees.—
260 (4) The initial license fee for a veteran, as defined in s.
261 1.01, shall be waived if he or she applies for a Class “E,”
262 Class “EE,” Class “MR,” or Class “RI” license within 24 months
263 after being discharged from any branch of the United States
264 Armed Forces. An eligible veteran must include a copy of his or
265 her DD Form 214, as issued by the United States Department of
266 Defense, or another acceptable form of identification as
267 specified by the Department of Veterans’ Affairs with his or her
268 application in order to obtain a waiver.
269 Section 11. Subsection (1) of section 501.0125, Florida
270 Statutes, is amended, and subsection (6) is added to that
271 section, to read:
272 501.0125 Health studios; definitions.—For purposes of ss.
273 501.012-501.019, the following terms shall have the following
274 meanings:
275 (1) “Health studio” means any person who is engaged in the
276 sale of services for instruction, training, or assistance in a
277 program of physical exercise or in the sale of services for the
278 right or privilege to use equipment or facilities in furtherance
279 of a program of physical exercise. The term does not include an
280 individual acting as a personal trainer.
281 (6) “Personal trainer” means an individual:
282 (a) Who does not have an established place of business for
283 the primary purpose of the conducting of physical exercise;
284 (b) Whose provision of exercise equipment is incidental to
285 the instruction provided; and
286 (c) Who does not accept payment for services that are to be
287 rendered more than 30 days after the date of payment.
288 Section 12. Subsection (2) of section 501.015, Florida
289 Statutes, is amended to read:
290 501.015 Health studios; registration requirements and
291 fees.—Each health studio shall:
292 (2) Remit an annual registration fee of $300 to the
293 department at the time of registration for each of the health
294 studio’s business locations. The department shall waive the
295 initial registration fee for an honorably discharged veteran of
296 the United States Armed Forces, the spouse of such a veteran, or
297 a business entity that has a majority ownership held by such a
298 veteran or spouse if the department receives an application, in
299 a format prescribed by the department, within 60 months after
300 the date of the veteran’s discharge from any branch of the
301 United States Armed Forces. To qualify for the waiver, a veteran
302 must provide to the department a copy of his or her DD Form 214,
303 as issued by the United States Department of Defense, or another
304 acceptable form of identification as specified by the Department
305 of Veterans’ Affairs; the spouse of a veteran must provide to
306 the department a copy of the veteran’s DD Form 214, as issued by
307 the United States Department of Defense, or another acceptable
308 form of identification as specified by the Department of
309 Veterans’ Affairs, and a copy of a valid marriage license or
310 certificate verifying that he or she was lawfully married to the
311 veteran at the time of discharge; or a business entity must
312 provide to the department proof that a veteran or the spouse of
313 a veteran holds a majority ownership in the business, a copy of
314 the veteran’s DD Form 214, as issued by the United States
315 Department of Defense, or another acceptable form of
316 identification as specified by the Department of Veterans’
317 Affairs, and, if applicable, a copy of a valid marriage license
318 or certificate verifying that the spouse of the veteran was
319 lawfully married to the veteran at the time of discharge.
320 Section 13. Paragraph (j) of subsection (2) and paragraph
321 (b) of subsection (5) of section 501.605, Florida Statutes, are
322 amended to read:
323 501.605 Licensure of commercial telephone sellers.—
324 (2) An applicant for a license as a commercial telephone
325 seller must submit to the department, in such form as it
326 prescribes, a written application for the license. The
327 application must set forth the following information:
328 (j) The complete street address of each location,
329 designating the principal location, from which the applicant
330 will be doing business. The street address may not be If any
331 location is a mail drop, this shall be disclosed as such.
332
333 The application shall be accompanied by a copy of any: Script,
334 outline, or presentation the applicant will require or suggest a
335 salesperson to use when soliciting, or, if no such document is
336 used, a statement to that effect; sales information or
337 literature to be provided by the applicant to a salesperson; and
338 sales information or literature to be provided by the applicant
339 to a purchaser in connection with any solicitation.
340 (5) An application filed pursuant to this part must be
341 verified and accompanied by:
342 (b) A fee for licensing in the amount of $1,500. The fee
343 shall be deposited into the General Inspection Trust Fund. The
344 department shall waive the initial license fee for an honorably
345 discharged veteran of the United States Armed Forces, the spouse
346 of such a veteran, or a business entity that has a majority
347 ownership held by such a veteran or spouse if the department
348 receives an application, in a format prescribed by the
349 department, within 60 months after the date of the veteran’s
350 discharge from any branch of the United States Armed Forces. To
351 qualify for the waiver, a veteran must provide to the department
352 a copy of his or her DD Form 214, as issued by the United States
353 Department of Defense, or another acceptable form of
354 identification as specified by the Department of Veterans’
355 Affairs; the spouse of a veteran must provide to the department
356 a copy of the veteran’s DD Form 214, as issued by the United
357 States Department of Defense, or another acceptable form of
358 identification as specified by the Department of Veterans’
359 Affairs, and a copy of a valid marriage license or certificate
360 verifying that he or she was lawfully married to the veteran at
361 the time of discharge; or a business entity must provide to the
362 department proof that a veteran or the spouse of a veteran holds
363 a majority ownership in the business, a copy of the veteran’s DD
364 Form 214, as issued by the United States Department of Defense,
365 or another acceptable form of identification as specified by the
366 Department of Veterans’ Affairs, and, if applicable, a copy of a
367 valid marriage license or certificate verifying that the spouse
368 of the veteran was lawfully married to the veteran at the time
369 of discharge.
370 Section 14. Paragraph (b) of subsection (2) of section
371 501.607, Florida Statutes, is amended to read:
372 501.607 Licensure of salespersons.—
373 (2) An application filed pursuant to this section must be
374 verified and be accompanied by:
375 (b) A fee for licensing in the amount of $50 per
376 salesperson. The fee shall be deposited into the General
377 Inspection Trust Fund. The fee for licensing may be paid after
378 the application is filed, but must be paid within 14 days after
379 the applicant begins work as a salesperson. The department shall
380 waive the initial license fee for an honorably discharged
381 veteran of the United States Armed Forces, the spouse of such a
382 veteran, or a business entity that has a majority ownership held
383 by such a veteran or spouse if the department receives an
384 application, in a format prescribed by the department, within 60
385 months after the date of the veteran’s discharge from any branch
386 of the United States Armed Forces. To qualify for the waiver, a
387 veteran must provide to the department a copy of his or her DD
388 Form 214, as issued by the United States Department of Defense,
389 or another acceptable form of identification as specified by the
390 Department of Veterans’ Affairs; the spouse of a veteran must
391 provide to the department a copy of the veteran’s DD Form 214,
392 as issued by the United States Department of Defense, or another
393 acceptable form of identification as specified by the Department
394 of Veterans’ Affairs, and a copy of a valid marriage license or
395 certificate verifying that he or she was lawfully married to the
396 veteran at the time of discharge; or a business entity must
397 provide to the department proof that a veteran or the spouse of
398 a veteran holds a majority ownership in the business, a copy of
399 the veteran’s DD Form 214, as issued by the United States
400 Department of Defense, or another acceptable form of
401 identification as specified by the Department of Veterans’
402 Affairs, and, if applicable, a copy of a valid marriage license
403 or certificate verifying that the spouse of the veteran was
404 lawfully married to the veteran at the time of discharge.
405 Section 15. Subsection (3) of section 507.03, Florida
406 Statutes, is amended to read:
407 507.03 Registration.—
408 (3)(a) Registration fees shall be calculated at the rate of
409 $300 per year per mover or moving broker. All amounts collected
410 shall be deposited by the Chief Financial Officer to the credit
411 of the General Inspection Trust Fund of the department for the
412 sole purpose of administration of this chapter.
413 (b) The department shall waive the initial registration fee
414 for an honorably discharged veteran of the United States Armed
415 Forces, the spouse of such a veteran, or a business entity that
416 has a majority ownership held by such a veteran or spouse if the
417 department receives an application, in a format prescribed by
418 the department, within 60 months after the date of the veteran’s
419 discharge from any branch of the United States Armed Forces. To
420 qualify for the waiver, a veteran must provide to the department
421 a copy of his or her DD Form 214, as issued by the United States
422 Department of Defense, or another acceptable form of
423 identification as specified by the Department of Veterans’
424 Affairs; the spouse of a veteran must provide to the department
425 a copy of the veteran’s DD Form 214, as issued by the United
426 States Department of Defense, or another acceptable form of
427 identification as specified by the Department of Veterans’
428 Affairs, and a copy of a valid marriage license or certificate
429 verifying that he or she was lawfully married to the veteran at
430 the time of discharge; or a business entity must provide to the
431 department proof that a veteran or the spouse of a veteran holds
432 a majority ownership in the business, a copy of the veteran’s DD
433 Form 214, as issued by the United States Department of Defense,
434 or another acceptable form of identification as specified by the
435 Department of Veterans’ Affairs, and, if applicable, a copy of a
436 valid marriage license or certificate verifying that the spouse
437 of the veteran was lawfully married to the veteran at the time
438 of discharge.
439 Section 16. Subsection (3) of section 527.02, Florida
440 Statutes, is amended to read:
441 527.02 License; penalty; fees.—
442 (3)(a) An Any applicant for an original license who submits
443 an whose application is submitted during the last 6 months of
444 the license year may have the original license fee reduced by
445 one-half for the 6-month period. This provision applies shall
446 apply only to those companies applying for an original license
447 and may shall not be applied to licensees who held a license
448 during the previous license year and failed to renew the
449 license. The department may refuse to issue an initial license
450 to an any applicant who is under investigation in any
451 jurisdiction for an action that would constitute a violation of
452 this chapter until such time as the investigation is complete.
453 (b) The department shall waive the initial license fee for
454 an honorably discharged veteran of the United States Armed
455 Forces, the spouse of such a veteran, or a business entity that
456 has a majority ownership held by such a veteran or spouse if the
457 department receives an application, in a format prescribed by
458 the department, within 60 months after the date of the veteran’s
459 discharge from any branch of the United States Armed Forces. To
460 qualify for the waiver, a veteran must provide to the department
461 a copy of his or her DD Form 214, as issued by the United States
462 Department of Defense or another acceptable form of
463 identification as specified by the Department of Veterans’
464 Affairs; the spouse of a veteran must provide to the department
465 a copy of the veteran’s DD Form 214, as issued by the United
466 States Department of Defense, or another acceptable form of
467 identification as specified by the Department of Veterans’
468 Affairs, and a copy of a valid marriage license or certificate
469 verifying that he or she was lawfully married to the veteran at
470 the time of discharge; or a business entity must provide to the
471 department proof that a veteran or the spouse of a veteran holds
472 a majority ownership in the business, a copy of the veteran’s DD
473 Form 214, as issued by the United States Department of Defense,
474 or another acceptable form of identification as specified by the
475 Department of Veterans’ Affairs, and, if applicable, a copy of a
476 valid marriage license or certificate verifying that the spouse
477 of the veteran was lawfully married to the veteran at the time
478 of discharge.
479 Section 17. Subsection (4) of section 527.021, Florida
480 Statutes, is amended to read:
481 527.021 Registration of transport vehicles.—
482 (4) An inspection fee of $50 shall be assessed for each
483 registered vehicle inspected by the department pursuant to s.
484 527.061. All inspection fees collected in connection with this
485 section shall be deposited in the General Inspection Trust Fund
486 for the purpose of administering the provisions of this chapter.
487 Section 18. Subsection (1) of section 531.37, Florida
488 Statutes, is amended to read:
489 531.37 Definitions.—As used in this chapter:
490 (1) “Weights and measures” means all weights and measures
491 of every kind, instruments, and devices for weighing and
492 measuring, and any appliance and accessories associated with any
493 or all such instruments and devices, excluding those weights and
494 measures used for the purpose of inspecting the accuracy of
495 devices used in conjunction with aviation fuel.
496 Section 19. Subsections (1) and (2) of section 531.415,
497 Florida Statutes, are amended to read:
498 531.415 Fees.—
499 (1) The department shall charge and collect fees of not
500 more than the following fees for actual metrology laboratory
501 calibration and testing services rendered:
502 (a) For each mass standard that is tested or certified to
503 meet tolerances less stringent than American National Standards
504 Institute/American Society for Testing and Materials (ANSI/ASTM)
505 Standard E617 Class 4, the department shall charge a fee of not
506 more than:
507 Weight Fee/Unit
508 0 - 2 lb. $6
509 3 - 10 lb. $8
510 11 - 50 lb. $12
511 51 - 500 lb. $20
512 501 - 1000 lb. $30
513 1001 - 2500 lb. $40
514 2501 - 5000 lb. $50
515 (b) For each mass standard that is tested or certified to
516 meet ANSI/ASTM Standard Class 4 or National Institute of
517 Standards and Technology Class P tolerances, the department
518 shall charge a fee of not more than:
519 Weight Fee/Unit
520 0 - 10 lb. $20
521 11 - 50 lb. $30
522 51 - 500 lb. $40
523 501 - 1000 lb. $50
524 1001 - 2500 lb. $60
525 2501 - 5000 lb. $75
526 (c) For each mass standard that is calibrated to determine
527 actual mass or apparent mass values, the department shall charge
528 a fee of not more than:
529 Weight Fee/Unit
530 0 - 20 lb. $40
531 21 - 50 lb. $50
532 51 - 1000 lb. $70
533 1001 - 2500 lb. $150
534 2501 - 5000 lb. $250
535 (d) For each volumetric flask, graduate, or test measure,
536 the department shall charge a fee of not more than:
537 Vessel Fee/Test Point
538 0 - 5 gal. $35
539 Over 5 gal. Plus $0.75 for each additional gallon
540 (e) For each linear measure that is tested or certified,
541 the department shall charge a fee of not more than $75.
542 (e)(f) For each linear measure test that is calibrated to
543 determine actual values, the department shall charge a fee of
544 $75 not more than $100.
545 (g) For each liquid-in-glass or electronic thermometer that
546 is tested or certified, the department shall charge a fee of not
547 more than $50.
548 (f)(h) For each temperature measuring device, liquid-in
549 glass or electronic thermometer that is calibrated to determine
550 actual values, the department shall charge a fee of $50 not more
551 than $100.
552 (g)(i) For each special test or special preparation, the
553 department shall charge a fee of not more than $50 per hour.
554 (2) Each fee is payable to the department at the time the
555 testing is done, regardless of whether the item tested is
556 certified. The department may refuse to accept for testing any
557 item deemed by the department to be unsuitable for its intended
558 use or not to be in a condition ready for testing. The
559 department shall deposit all fees collected under this section
560 into the General Inspection Trust Fund.
561 Section 20. Section 531.60, Florida Statutes, is amended to
562 read:
563 531.60 Permit for commercially operated or tested weights
564 or measures instrument or devices.—
565 (1) A weights and measures instrument or device may not
566 operate or be used for commercial purposes, as defined by
567 department rule, within this state without first being permitted
568 through a valid commercial use permit issued by the department
569 to the person who owns the weights and measures device, unless
570 exempted as provided in s. 531.61. Such permit applies only to
571 the specific location and instrument types or device types
572 listed on for which the permit was issued. However, the
573 department may allow such permit to be applicable to a
574 replacement for the original instrument or device.
575 (2) If ownership of a business an instrument or device for
576 which a permit has been issued changes and the instruments or
577 devices affected by the permit instrument or device:
578 (a) Remain Remains in the same location, the permit
579 transfers to the new owner and remains in effect until its
580 original expiration date. Within 30 days after the change in
581 ownership, the new owner shall notify the department of the
582 change and provide the pertinent information regarding the
583 change in ownership and an updated replacement permit shall be
584 issued if needed.
585 (b) Move Moves to a new location, the permit automatically
586 expires and a new permit must be applied for by the new owner of
587 the instruments or devices issued which will expire 1 year
588 following the date of issuance.
589 (3) A person who holds a permit that has been issued under
590 this section must notify the department within 30 days after a
591 change in permit status or if a permit will not be renewed due
592 to the termination in use or removal of all weighing and
593 measuring instruments or devices from the permitted location
594 Weights and measures instruments or devices that are not used
595 commercially may be tested by the department under this chapter
596 only if they are permitted and appropriate fees paid as
597 prescribed by this section and adopted rules.
598 Section 21. Section 531.61, Florida Statutes, is amended to
599 read:
600 531.61 Exemptions from permit requirement.—Commercial
601 weights or measures instruments or devices are exempt from the
602 permit requirements of ss. 531.60-531.66 if:
603 (1) The device is a taximeter that is licensed, permitted,
604 or registered by a municipality, county, or other local
605 government and is tested for accuracy and compliance with state
606 standards by the local government in cooperation with the state
607 as authorized in s. 531.421.
608 (2) The device is used exclusively for weighing railroad
609 cars and is tested for accuracy and compliance with state
610 standards by a private testing agency.
611 (3) The device is used exclusively for measuring aviation
612 fuel or petroleum products inspected under chapter 525.
613 Section 22. Subsections (1), (2), and (4) of section
614 531.62, Florida Statutes, are amended to read:
615 531.62 Permit application and renewal.—
616 (1) An application for a weights and measures commercial
617 use permit shall be submitted to the department on a form
618 prescribed and furnished by the department and must contain such
619 information as the department may require by rule.
620 (2) The application must be accompanied by a fee in an
621 amount determined by the number and types of instruments or
622 devices covered by the permit as provided by department rule.
623 However, the fee for each instrument or device listed on the
624 permit may not exceed the maximum limits set forth in s. 531.63.
625 (4) A permit expires 2 years 1 year following its date of
626 issue and must be renewed biennially annually. If a complete an
627 application package for renewal is not received by the
628 department before the permit expires within 30 days after its
629 due date, a late fee of up to $100 must be paid in addition to
630 the annual commercial use permit fee. However, a person may
631 elect to renew a commercial use permit on an annual basis rather
632 than a biennial basis. An annual renewal must meet the same
633 requirements and conditions as a biennial renewal.
634 Section 23. Paragraph (a) of subsection (1) and subsection
635 (2) of section 531.63, Florida Statutes, are amended to read:
636 531.63 Maximum permit fees.—The commercial use permit fees
637 established for weights or measures instruments or devices shall
638 be in an amount necessary to administer this chapter but may not
639 exceed the amounts provided in this section.
640 (1) For weighing devices, the fees must be based on the
641 manufacturer’s rated capacity or the device’s design and use and
642 whether measuring by inch or pounds or the metric equivalent:
643 (a) For weighing devices of up to and including the 100
644 pound capacity which are used during any portion of the period
645 covered by the permit, the maximum annual fees per category of
646 device retail establishment may not exceed the following:
647 Number of devices
648 in a single category retail
649 establishment Maximum Fee
650 1 to 5 $60
651 6 to 10 $150
652 11 to 30 $200
653 More than 30 $300
654 (2) For other measuring devices, the annual permit fees per
655 device may not exceed the following:
656 (a) Mass flow meters having a maximum flow rate of up to
657 150 pounds per minute......................................$100.
658 This includes all mass flow meters used to dispense compressed
659 and liquefied natural gas for retail sale.
660 (b) Mass flow meters having a maximum flow rate greater
661 than 150 pounds per minute.................................$500.
662 (c) Volumetric flow meters having a maximum flow rate of up
663 to 20 gallons per minute....................................$50.
664 This includes all devices used to dispense diesel exhaust fluid
665 for retail sale.
666 (d) Volumetric flow meters having a maximum flow rate
667 greater than 20 gallons per minute.........................$100.
668 (e) Tanks, under 500 gallons capacity, used as measure
669 containers, with or without gage rods or markers...........$100.
670 (f) Tanks, 500 or more gallons capacity, used as measure
671 containers, with or without gage rods or markers...........$200.
672 (g) Taximeters.......................................$50.
673 (h) Grain moisture meters............................$25.
674 (h)(i) Multiple-dimension measuring
675 devices....................................................$100.
676 (i) Liquefied petroleum gas bulk delivery vehicles with a
677 meter owned or leased by a liquefied petroleum gas licensee$150.
678 Section 24. Section 531.65, Florida Statutes, is amended to
679 read:
680 531.65 Unauthorized use; penalties.—If a weights or
681 measures instrument or device is used commercially without a
682 valid commercial use permit, the department may do one or more
683 of the following:
684 (1) Prohibit the further commercial use of the unpermitted
685 instrument or device until the proper permit has been issued.;
686 (2) Employ and attach to the instrument or device such
687 form, notice, tag, or seal to prevent the continued unauthorized
688 use of the instrument or device.;
689 (3) In addition to the permit fees prescribed by rule for
690 the commercial use of a weights and measures instrument or
691 device, assess the late fee authorized under s. 531.62.; or
692 (4) Impose penalties as prescribed in s. 531.50 in addition
693 to the payment of appropriate permit fees for the commercial use
694 of a weights and measures instrument or device.
695 Section 25. Paragraph (c) of subsection (3) of section
696 539.001, Florida Statutes, is amended to read:
697 539.001 The Florida Pawnbroking Act.—
698 (3) LICENSE REQUIRED.—
699 (c) Each license is valid for a period of 1 year unless it
700 is earlier relinquished, suspended, or revoked. Each license
701 shall be renewed annually, and each licensee shall, initially
702 and annually thereafter, pay to the agency a license fee of $300
703 for each license held. The agency shall waive the initial
704 license fee for an honorably discharged veteran of the United
705 States Armed Forces, the spouse of such a veteran, or a business
706 entity that has a majority ownership held by such a veteran or
707 spouse if the agency receives an application, in a format
708 prescribed by the agency, within 60 months after the date of the
709 veteran’s discharge from any branch of the United States Armed
710 Forces. To qualify for the waiver, a veteran must provide to the
711 agency a copy of his or her DD Form 214, as issued by the United
712 States Department of Defense, or another acceptable form of
713 identification as specified by the Department of Veterans’
714 Affairs; the spouse of a veteran must provide to the agency a
715 copy of the veteran’s DD Form 214, as issued by the United
716 States Department of Defense, or another acceptable form of
717 identification as specified by the Department of Veterans’
718 Affairs, and a copy of a valid marriage license or certificate
719 verifying that he or she was lawfully married to the veteran at
720 the time of discharge; or a business entity must provide to the
721 agency proof that a veteran or the spouse of a veteran holds a
722 majority ownership in the business, a copy of the veteran’s DD
723 Form 214, as issued by the United States Department of Defense,
724 or another acceptable form of identification as specified by the
725 Department of Veterans’ Affairs, and, if applicable, a copy of a
726 valid marriage license or certificate verifying that the spouse
727 of the veteran was lawfully married to the veteran at the time
728 of discharge.
729 Section 26. Subsection (3) of section 559.904, Florida
730 Statutes, is amended to read:
731 559.904 Motor vehicle repair shop registration;
732 application; exemption.—
733 (3)(a) Each application for registration must be
734 accompanied by a registration fee calculated on a per-year basis
735 as follows:
736 1.(a) If the place of business has 1 to 5 employees: $50.
737 2.(b) If the place of business has 6 to 10 employees: $150.
738 3.(c) If the place of business has 11 or more employees:
739 $300.
740 (b) The department shall waive the initial registration fee
741 for an honorably discharged veteran of the United States Armed
742 Forces, the spouse of such a veteran, or a business entity that
743 has a majority ownership held by such a veteran or spouse if the
744 department receives an application, in a format prescribed by
745 the department, within 60 months after the date of the veteran’s
746 discharge from any branch of the United States Armed Forces. To
747 qualify for the waiver, a veteran must provide to the department
748 a copy of his or her DD Form 214, as issued by the United States
749 Department of Defense, or another acceptable form of
750 identification as specified by the Department of Veterans’
751 Affairs; the spouse of a veteran must provide to the department
752 a copy of the veteran’s DD Form 214, as issued by the United
753 States Department of Defense, or another acceptable form of
754 identification as specified by the Department of Veterans’
755 Affairs, and a copy of a valid marriage license or certificate
756 verifying that he or she was lawfully married to the veteran at
757 the time of discharge; or a business entity must provide to the
758 department proof that a veteran or the spouse of a veteran holds
759 a majority ownership in the business, a copy of the veteran’s DD
760 Form 214, as issued by the United States Department of Defense
761 or another acceptable form of identification as specified by the
762 Department of Veterans’ Affairs, and, if applicable, a copy of a
763 valid marriage license or certificate verifying that the spouse
764 of the veteran was lawfully married to the veteran at the time
765 of discharge.
766 Section 27. Section 559.9191, Florida Statutes, is created
767 to read:
768 559.9191 Reimbursement from insurers.—
769 (1) A motor vehicle repair shop may not directly seek
770 reimbursement, payment, or benefits from an insurer unless all
771 of the following conditions are satisfied:
772 (a) The insurer consents to the repairs.
773 (b) The customer under whose insurance policy the repairs
774 will be made signs a document containing the following language
775 in at least 16-point, boldfaced type: “I UNDERSTAND THAT A MOTOR
776 VEHICLE REPAIR SHOP MAY SEEK REIMBURSEMENT FOR THEIR SERVICES
777 FROM ANOTHER PARTY, SUCH AS MY INSURANCE COMPANY. I UNDERSTAND
778 THAT IF THIS DAMAGE IS NOT COVERED BY MY INSURANCE POLICY, THE
779 MOTOR VEHICLE REPAIR SHOP MAY SEEK REIMBURSEMENT FROM ME,
780 PERSONALLY.”
781 (c) The motor vehicle repair shop seeks reimbursement only
782 for services detailed in the repair invoice required in s.
783 559.911.
784 (2) At least 15 business days prior to the initiation of
785 civil litigation or arbitration to enforce the payment of
786 benefits assigned, granted, or otherwise transferred by the
787 insured customer to the motor vehicle repair shop, the shop
788 shall obtain written consent from the customer. The consent
789 form, which must be signed by the customer and provided to the
790 insurer at least 7 business days before the initiation of
791 litigation, must contain the following statement in 18-point,
792 boldfaced type: “THIS CONTRACT ALLOWS ...(NAME OF COMPANY)... TO
793 FILE A LAWSUIT TO SEEK BENEFITS ASSOCIATED WITH YOUR INSURANCE
794 POLICY. YOUR WRITTEN CONSENT IS REQUIRED FOR THE FILING OF SUCH
795 A LAWSUIT TO ENFORCE POST-CLAIM BENEFITS UNDER YOUR INSURANCE
796 POLICY. BY SIGNING THIS FORM, YOU AGREE THAT ...(NAME OF
797 COMPANY)... HAS THE RIGHT TO FILE A LAWSUIT FOR THESE INSURANCE
798 BENEFITS.”
799 Section 28. Subsections (1), (7), (8), (10), (11), and (13)
800 of section 559.927, Florida Statutes, are amended to read:
801 559.927 Definitions.—For the purposes of this part, the
802 term:
803 (1) “Accommodations” means any hotel or motel room,
804 condominium or cooperative unit, cabin, lodge, or apartment; any
805 other commercial structure designed for occupancy by one or more
806 individuals; or any lodging establishment as provided by law.
807 The term does not include long-term home rentals covered under a
808 lease pursuant to chapter 83.
809 (7) “Prearranged travel or, tourist-related services, or
810 tour-guide services” includes, but is not limited to, car
811 rentals, lodging, transfers, and sightseeing tours and all other
812 such services that which are reasonably related to air, sea,
813 rail, motor coach, or other medium of transportation, or
814 accommodations for which a purchaser receives a premium or
815 contracts or pays before prior to or after departure. This term
816 These terms also includes include services for which a
817 purchaser, whose legal residence is outside the United States,
818 contracts or pays before prior to departure, and any arrangement
819 by which a purchaser prepays for, receives a reservation or any
820 other commitment to provide services before prior to departure
821 for, or otherwise arranges for travel directly to a terrorist
822 state and which originates in Florida.
823 (8) “Purchaser” means the purchaser of, or person otherwise
824 entitled to receive, prearranged travel or, tourist-related
825 services, or tour-guide services, for a fee or commission, or
826 who has acquired a vacation certificate for personal use.
827 (10) “Satisfactory consumer complaint history” means no
828 unresolved complaints regarding prearranged travel or, tourist
829 related services, or tour-guide services are on file with the
830 department. A complaint is unresolved when a seller of travel
831 does not respond to the department’s efforts to mediate the
832 complaint or a complaint where the department has determined
833 that a violation of this part has occurred and the complainant
834 complaint has not been satisfied by the seller of travel.
835 (11) “Seller of travel” means any resident or nonresident
836 person, firm, corporation, or business entity that who offers
837 for sale, directly or indirectly, at wholesale or retail,
838 prearranged travel or, tourist-related services, or tour-guide
839 services for individuals or groups, including, but not limited
840 to, vacation or tour packages, or vacation certificates in
841 exchange for a fee, commission, or other valuable consideration.
842 The term includes such person, firm, corporation, or business
843 entity who sells a vacation certificate to third-party merchants
844 for a fee, or in exchange for a commission, or who offers such
845 certificates to consumers in exchange for attendance at sales
846 presentations. The term also includes any business entity
847 offering membership in a travel club or travel services for an
848 advance fee or payment, even if no travel contracts or
849 certificates or vacation or tour packages are sold by the
850 business entity. The term does not include third parties who may
851 offer prearranged travel or tourist-related services, but do not
852 participate in travel fulfillment or vacation certificate
853 redemption.
854 (13) “Vacation certificate” means any arrangement, plan,
855 program, or vacation package, or advance travel purchase that
856 promotes, discusses, or discloses a destination or itinerary or
857 type of travel, whereby a purchaser for consideration paid in
858 advance is entitled to the use of travel, accommodations, or
859 facilities for any number of days, whether certain or uncertain,
860 during the period in which the certificate can be exercised, and
861 no specific date or dates for its use are designated. A vacation
862 certificate does not include prearranged travel or, tourist
863 related services, or tour-guide services when a seller of travel
864 remits full payment for the cost of such services to the
865 provider or supplier within 10 business days of the purchaser’s
866 initial payment to the seller of travel. The term does not
867 include travel if exact travel dates are selected, guaranteed,
868 and paid for at the time of the purchase.
869 Section 29. Subsections (2) through (9) of section 559.928,
870 Florida Statutes, are amended to read:
871 559.928 Registration.—
872 (2)(a) Registration fees shall be as follows:
873 1. Three hundred dollars per year per registrant certifying
874 its business activities under s. 559.9285(1)(a).
875 2. One thousand dollars per year per registrant certifying
876 its business activities under s. 559.9285(1)(b).
877 3. Twenty-five hundred dollars per year per registrant
878 certifying its business activities under s. 559.9285(1)(c).
879 (b) All amounts collected shall be deposited by the Chief
880 Financial Officer to the credit of the General Inspection Trust
881 Fund of the Department of Agriculture and Consumer Services
882 pursuant to s. 570.20, for the sole purpose of administration of
883 this part.
884 (c) The department shall waive the initial registration fee
885 for an honorably discharged veteran of the United States Armed
886 Forces, the spouse of such a veteran, or a business entity that
887 has a majority ownership held by such a veteran or spouse if the
888 department receives an application, in a format prescribed by
889 the department, within 60 months after the date of the veteran’s
890 discharge from any branch of the United States Armed Forces. To
891 qualify for the waiver, a veteran must provide to the department
892 a copy of his or her DD Form 214, as issued by the United States
893 Department of Defense, or another acceptable form of
894 identification as specified by the Department of Veterans’
895 Affairs; the spouse of a veteran must provide to the department
896 a copy of the veteran’s DD Form 214, as issued by the United
897 States Department of Defense, or another acceptable form of
898 identification as specified by the Department of Veterans’
899 Affairs, and a copy of a valid marriage license or certificate
900 verifying that he or she was lawfully married to the veteran at
901 the time of discharge; or a business entity must provide to the
902 department proof that a veteran or the spouse of a veteran holds
903 a majority ownership in the business, a copy of the veteran’s DD
904 Form 214, as issued by the United States Department of Defense,
905 or another acceptable form of identification as specified by the
906 Department of Veterans’ Affairs, and, if applicable, a copy of a
907 valid marriage license or certificate verifying that the spouse
908 of the veteran was lawfully married to the veteran at the time
909 of discharge.
910 (3) Each independent agent shall annually file an
911 application affidavit with the department before prior to
912 engaging in business in this state. This application affidavit
913 must include the independent agent’s full name, legal business
914 or trade name, mailing address, business address, telephone
915 number, and the name and address of each seller of travel
916 represented by the independent agent. A letter evidencing proof
917 of filing must be issued by the department and must be
918 prominently displayed in the independent agent’s primary place
919 of business. Each independent agent must also submit an annual
920 registration fee of $50. All moneys collected pursuant to the
921 imposition of the fee shall be deposited by the Chief Financial
922 Officer into the General Inspection Trust Fund of the Department
923 of Agriculture and Consumer Services for the sole purpose of
924 administrating this part. As used in this subsection, the term
925 “independent agent” means a person who represents a seller of
926 travel by soliciting persons on its behalf; who has a written
927 contract with a seller of travel which is operating in
928 compliance with this part and any rules adopted thereunder; who
929 does not receive a fee, commission, or other valuable
930 consideration directly from the purchaser for the seller of
931 travel; who does not at any time have any unissued ticket stock
932 or travel documents in his or her possession; and who does not
933 have the ability to issue tickets, vacation certificates, or any
934 other travel document. The term “independent agent” does not
935 include an affiliate of the seller of travel, as that term is
936 used in s. 559.935(3), or the employees of the seller of travel
937 or of such affiliates.
938 (4) A Any person applying for or renewing a local business
939 tax receipt to engage in business as a seller of travel must
940 exhibit a current registration certificate from the department
941 before the local business tax receipt may be issued or reissued.
942 (5) Each contract, advertisement, certificate, or travel
943 document of a seller of travel must include the phrase “...(NAME
944 OF FIRM)... is registered with the State of Florida as a Seller
945 of Travel. Registration No......”
946 (6) Each advertisement of a seller of travel must include
947 the phrase “Fla. Seller of Travel Reg. No......”
948 (6)(7) A No registration is not shall be valid for any
949 seller of travel transacting business at any place other than
950 that designated in its application, unless the department is
951 first notified in writing in advance of any change of location.
952 A Nor shall the registration is not be valid for an affiliate of
953 the seller of travel who engages in the prearranged travel and
954 tourist business. A registration issued under this part may
955 shall not be assignable, and the seller of travel may shall not
956 be permitted to conduct business under more than one name except
957 as registered. A seller of travel desiring to change its
958 registered name or location or designated agent for service of
959 process at a time other than upon renewal of registration shall
960 notify the department of such change.
961 (7)(8) Applications under this section are shall be subject
962 to the provisions of s. 120.60.
963 (8)(9) The department may deny, or refuse to renew, or
964 revoke the registration of any seller of travel based upon a
965 determination that the seller of travel, or any of its
966 directors, officers, owners, or general partners while acting on
967 behalf of the seller of travel:
968 (a) Has failed to meet the requirements for registration as
969 provided in this part;
970 (b) Has been convicted of a crime involving fraud, theft,
971 embezzlement, dishonest dealing, or any other act of moral
972 turpitude or any other act arising out of conduct as a seller of
973 travel;
974 (c) Has not satisfied a civil fine or penalty arising out
975 of any administrative or enforcement action brought by any
976 governmental agency or private person based upon conduct
977 involving fraud, theft, embezzlement, dishonest dealing, or any
978 violation of this part; or
979 (d) Has pending against her or him any criminal,
980 administrative, or enforcement proceedings in any jurisdiction,
981 based upon conduct involving fraud, dishonest dealing, or any
982 other act of moral turpitude; or
983 (d)(e) Has had a judgment entered against her or him in any
984 action brought by the department or the Department of Legal
985 Affairs pursuant to ss. 501.201-501.213 or this act part.
986 (9) The department may deny or refuse to renew the
987 registration of any seller of travel based upon a determination
988 by the department that the seller of travel, or any of the
989 seller’s directors, officers, owners, or general partners has
990 pending against him or her while acting on behalf of the seller
991 of travel any criminal, administrative, or enforcement
992 proceedings in any jurisdiction, based upon conduct involving
993 fraud, theft, embezzlement, dishonest dealing, or any other act
994 of moral turpitude.
995 Section 30. Subsections (2) through (6) of section 559.929,
996 Florida Statutes, are amended to read:
997 559.929 Security requirements.—
998 (2) The bond must be filed with the department on a form
999 adopted by department rule and must be in favor of the
1000 department for the use and benefit of a consumer traveler who is
1001 injured by the fraud, misrepresentation, breach of contract, or
1002 financial failure, or any other violation of this part by the
1003 seller of travel. Such liability may be enforced by proceeding
1004 in an administrative action as specified in subsection (3) or by
1005 filing a civil action. However, in such civil action the bond
1006 posted with the department shall not be amenable or subject to a
1007 judgment or other legal process issuing out of or from such
1008 court in connection with such civil action, but such bond shall
1009 be amenable to and enforceable only by and through
1010 administrative proceedings before the department. It is the
1011 intent of the Legislature that such bond be applicable and
1012 liable only for the payment of claims duly adjudicated by order
1013 of the department. The bond must be open to successive claims,
1014 but the aggregate amount awarded may not exceed the amount of
1015 the bond. In addition to the foregoing, a bond provided by a
1016 registrant or applicant for registration which certifies its
1017 business activities under s. 559.9285(1)(b) or (c) must be in
1018 favor of the department, with payment in the following order of
1019 priority:
1020 (a) The expenses for prosecuting the registrant or
1021 applicant in an administrative or civil action under this part,
1022 including attorney fees and fees for other professionals, court
1023 costs or other costs of the proceedings, and all other expenses
1024 incidental to the action.
1025 (b) The costs and expenses of investigation before the
1026 commencement of an administrative or civil action under this
1027 part.
1028 (c) An unpaid administrative fine imposed by final order or
1029 an unpaid civil penalty imposed by final judgment under this
1030 part.
1031 (d) Damages or compensation for a consumer traveler injured
1032 as provided in this subsection.
1033 (3) A consumer traveler may file a claim against the bond.
1034 Such claim, which must be submitted in writing on an affidavit
1035 form adopted by department rule, must be submitted to the
1036 department within 120 days after an alleged injury has occurred
1037 or is discovered to have occurred or a judgment has been
1038 entered. The proceedings shall be conducted pursuant to chapter
1039 120. For proceedings conducted pursuant to ss. 120.569 and
1040 120.57, the agency shall act only as a nominal party.
1041 (4) A consumer who is injured by the applicant, or the
1042 department or another governmental agency acting on behalf of
1043 the injured consumer, may bring and maintain an action to
1044 recover against the bond.
1045 (5) Any indebtedness determined by final order of the
1046 department shall be paid by the seller of travel to the
1047 department within 30 days after the order is entered for
1048 disbursement to the consumer. If the seller of travel fails to
1049 make payment within 30 days, the agency shall make a demand for
1050 payment upon the surety which includes an institution issuing a
1051 letter of credit or depository on a certificate of deposit. Upon
1052 failure of a surety to comply with a demand for payment pursuant
1053 to a final order, the department may file an action in circuit
1054 court to recover payment, up to the amount of the bond or other
1055 form of security, pursuant to s. 120.69. If the department
1056 prevails, the department may recover court costs and reasonable
1057 attorney fees.
1058 (6)(5) If the seller of travel is currently the subject of
1059 an administrative, civil, or criminal action by the department,
1060 the Department of Legal Affairs, or the state attorney relating
1061 to compliance with this part, the right to proceed against the
1062 bond as provided in subsection (3) is suspended until any
1063 enforcement action becomes final.
1064 (7)(6) The department may waive the bond requirement on an
1065 annual basis if the seller of travel has had 5 or more
1066 consecutive years of experience as a seller of travel in this
1067 state in compliance with this part, has not had a civil,
1068 criminal, or administrative action instituted against the seller
1069 of travel in the vacation and travel business by a governmental
1070 agency or an action involving fraud, theft, misappropriation of
1071 property, violation of a statute pertaining to business or
1072 commerce with a terrorist state, or moral turpitude, or other
1073 violation of this part and has a satisfactory consumer complaint
1074 history with the department, and certifies its business
1075 activities under s. 559.9285. Such waiver may be revoked if the
1076 seller of travel violates this part. A seller of travel which
1077 certifies its business activities under s. 559.9285(1)(b) or (c)
1078 is not entitled to the waiver provided in this subsection.
1079 Section 31. Subsections (2) and (17) of section 559.9295,
1080 Florida Statutes, are amended to read:
1081 559.9295 Submission of vacation certificate documents.
1082 Sellers of travel who offer vacation certificates must submit
1083 and disclose to the department with the application for
1084 registration, and any time such document is changed, but prior
1085 to the sale of any vacation certificate, the following
1086 materials:
1087 (2) A copy of each promotional brochure, pamphlet, form
1088 letter, registration form, or any other written material
1089 disseminated in connection with the advertising, promotion, or
1090 sale of any vacation certificate. Any such promotional materials
1091 that include terms such “free,” “awarded,” “prize,” “absolutely
1092 without charge,” and “free of charge,” or similar words or
1093 groups of words, which might reasonably lead a person to believe
1094 that he or she may receive, or has been selected to receive,
1095 something of value without making full or partial compensation
1096 in any form from the recipient must:
1097 (a) Clearly and conspicuously display the following
1098 disclosure in at least 12-point type: “....(NAME OF FIRM).... is
1099 registered with the State of Florida as a seller of travel,
1100 Registration No....THIS IS NOT A FREE OFFER. SEE TERMS AND
1101 CONDITIONS VIA WWW.(OFFER WEBSITE).COM. RESPONSE TO THIS OFFER
1102 DOES NOT GUARANTEE TRAVEL.” The offer website referred to in the
1103 disclosure must include, and clearly indicate, the terms and
1104 conditions for such a vacation certificate offer.
1105 (b) Disclose the number of individuals who actually
1106 traveled pursuant to the vacation certificate, as opposed to the
1107 number of individuals who submitted or otherwise activated the
1108 vacation certificate, in the 12 months preceding issuance of the
1109 promotional material.
1110 (17) Within 10 working days after receipt of any materials
1111 submitted subsequent to filing an initial registration
1112 application or any annual renewal thereof, the department shall
1113 determine whether such materials are adequate to meet the
1114 requirements of this section. The department shall notify the
1115 seller of travel that materials submitted are in substantial
1116 compliance, or shall notify the seller of travel of any specific
1117 deficiencies. If the department fails to notify the seller of
1118 travel of its determination within the period specified in this
1119 subsection, the materials shall be deemed in compliance;
1120 however, the failure of the department to send notification in
1121 either case will not relieve the seller of travel from the duty
1122 of complying with this section.
1123
1124 Neither the submission of these materials nor the department’s
1125 response implies approval, recommendation, or endorsement by the
1126 department or that the contents of said materials have been
1127 verified by the department.
1128 Section 32. Section 559.932, Florida Statutes, is amended
1129 to read:
1130 559.932 Vacation certificate disclosure.—
1131 (1) A It shall be unlawful for any seller of travel must to
1132 fail to provide each person solicited with a contract that
1133 includes which shall include the following information, which
1134 shall be in 12-point type, unless otherwise specified:
1135 (a) A space for the date, name, address, and signature of
1136 the purchaser.
1137 (b) The expiration date of the vacation certificate and the
1138 terms and conditions of its extension or renewal, if available.
1139 (c) The name and business address of any seller of travel
1140 who may solicit vacation certificate purchasers for further
1141 purchases, and a full and complete statement as to the nature
1142 and method of that solicitation.
1143 (d) The total financial obligation of the purchaser which
1144 shall include the initial purchase price and any additional
1145 charges to which the purchaser may be subject, including, but
1146 not limited to, any per diem, seasonal, reservation, or
1147 recreational charge.
1148 (e) The name and street address of any person who has the
1149 right to alter, amend, or add to the charges to which the
1150 purchaser may be subject and the terms and conditions under
1151 which such charges may be imposed.
1152 (f) If any accommodation or facility which a purchaser
1153 acquires the right to use pursuant to the vacation certificate
1154 is not completed at the time the certificate is offered for
1155 sale, the date of availability of each component of the
1156 accommodation or facility.
1157 (g) By means of a section entitled “terms and conditions”:
1158 1. All eligibility requirements for use of the vacation
1159 certificate, including, but not limited to, age, sex, marital
1160 status, group association, residency, or geographic limitations.
1161 2. All eligibility requirements for use of any discount or
1162 complimentary coupon or ticket.
1163 3. A statement as to whether transportation and meals are
1164 provided pursuant to use of the certificate.
1165 4. Any room deposit requirement, including all conditions
1166 for its return or refund.
1167 5. The manner in which reservation requests are to be made
1168 and the method by which they are to be confirmed.
1169 6. Any identification, credential, or other means by which
1170 a purchaser must establish her or his entitlement to the rights,
1171 benefits, or privileges of the vacation certificate.
1172 7. Any restriction or limitation upon transfer of the
1173 vacation certificate or any right, benefit, or privilege
1174 thereunder.
1175 8. Any other term, limitation, condition, or requirement
1176 material to use of the vacation certificate or any right,
1177 benefit, or privilege thereunder.
1178 (h) In immediate proximity to the space reserved in the
1179 contract for the date and the name, address, and signature of
1180 the purchaser, the following statement in boldfaced type of a
1181 size of 10 points:
1182
1183 “YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR
1184 OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT
1185 OF THE VACATION CERTIFICATE, WHICHEVER OCCURS LATER.”
1186 “YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMMODATIONS OR
1187 FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS
1188 PROVIDED IN THE CONTRACT.”
1189 “TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A
1190 STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED
1191 AND POSTMARKED, OR DELIVERED TO ...(NAME)... AT ...(ADDRESS)...
1192 NO LATER THAN MIDNIGHT OF ....(DATE).....”
1193 “IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN
1194 WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATE
1195 AND SENDING NOTICE TO: ...(NAME OF SELLER)... AT ...(SELLER’S
1196 ADDRESS)....”
1197 (i) In immediate proximity to the statement required in
1198 paragraph (h), the following statement in boldfaced type of a
1199 size of 12 10 points:
1200
1201 “NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN
1202 THOSE INCLUDED IN THIS CONTRACT.”
1203
1204 However, inclusion of this statement shall not impair any
1205 purchaser’s right to bring legal action based on verbal
1206 statements.
1207 (j) In immediate proximity to the statement required in
1208 paragraph (i), the following statement:
1209 “This contract is for the purchase of a vacation
1210 certificate and puts all assignees on notice of the consumer’s
1211 right to cancel under section 559.933, Florida Statutes.”
1212 (2) If a sale or agreement to purchase a vacation
1213 certificate is completed over the telephone, the seller shall
1214 inform the purchaser over the telephone that:
1215 (a) The purchaser may cancel the contract without any
1216 penalty or obligation within 30 days from the date of purchase
1217 or receipt of the vacation certificate, whichever occurs later.
1218 (b) The purchaser may also cancel the contract if
1219 accommodations or facilities are not available upon request for
1220 use as provided in the contract.
1221 (3) Upon receipt of a copy of a vacation certificate or
1222 contract required pursuant to s. 559.9295, the department shall
1223 review the certificate or contract for compliance with the
1224 disclosures required under this section. The submission of the
1225 certificate or contract, and the department’s response, do not
1226 imply approval, recommendation, or endorsement by the department
1227 or that the contents of the certificate or contract have been
1228 verified by the department.
1229 Section 33. Section 559.933, Florida Statutes, is amended
1230 to read:
1231 559.933 Vacation certificate cancellation and refund
1232 provisions.—
1233 (1) A It shall be unlawful for any seller of travel or
1234 assignee must honor a purchaser’s request to cancel a vacation
1235 certificate if such request is made:
1236 (1) To fail or refuse to honor a purchaser’s vacation
1237 certificate request to cancel if such request is made:
1238 (a) Within 30 days after from the date of purchase or
1239 receipt of the vacation certificate, whichever occurs later; or
1240 (b) At any time accommodations or facilities are not
1241 available pursuant to a request for use as provided in the
1242 contract, provided that:
1243 1. The contract may shall not require notice greater than
1244 60 days in advance of the date requested for use;
1245 2. If acceptable to the purchaser, comparable alternate
1246 accommodations or facilities in a city, or reservations for a
1247 date different than that requested, may be provided.
1248 (2) A seller of travel or assignee must To fail to refund
1249 any and all payments made by the vacation certificate purchaser
1250 within 30 days after receipt of the certificate and notice of
1251 cancellation made pursuant to this section, if the purchaser has
1252 not received any benefits pursuant to the vacation certificate.
1253 (3) A seller of travel or assignee must, if the purchaser
1254 has received any benefits pursuant to the vacation certificate,
1255 to fail to refund within 30 days after receipt of the
1256 certificate and notice of cancellation made pursuant to this
1257 section any and all payments made by the purchaser which exceed
1258 a pro rata portion of the total price, representing the portion
1259 of any benefits actually received by the vacation certificate
1260 purchaser during the time preceding cancellation.
1261 (4) If Where any purchaser has received confirmation of
1262 reservations in advance and is refused accommodations upon
1263 arrival, a seller of travel or assignee must to fail to procure
1264 comparable alternate accommodations for the purchaser in the
1265 same city at no expense to the purchaser, or to fail to fully
1266 compensate the purchaser for the room rate incurred in securing
1267 comparable alternate accommodations himself or herself.
1268 (5) A seller of travel or assignee may not To collect more
1269 than the full contract price from the purchaser.
1270 (6) A seller of travel or assignee may not To sell, assign,
1271 or otherwise transfer any interest in a seller of travel
1272 business, or to sell, assign, or otherwise transfer to a third
1273 party any interest in any vacation certificate unless:
1274 (a) The third party agrees in writing to fully honor the
1275 rights of vacation certificate purchasers to cancel and to
1276 receive an appropriate refund or reimbursement as provided in
1277 this section.
1278 (b) The third party agrees in writing to comply with all
1279 other provisions of this part for as long as the third party
1280 continues the sale of vacation certificates or for the duration
1281 of the period of validity of outstanding vacation certificates,
1282 whichever is longer in time.
1283 (c) The seller of travel agrees to be liable for and fully
1284 indemnify a purchaser from any loss occasioned by the failure of
1285 the third party to honor the purchaser’s right to cancel and
1286 failure to make prompt and complete refund to the purchaser of
1287 all sums paid to the third party, or occasioned by the third
1288 party’s failure to comply with the provisions of this part.
1289 (7) A seller of travel or assignee must To fail to fulfill
1290 the terms of a vacation certificate within 18 months after of
1291 the initial payment of any consideration by the purchaser to a
1292 seller of travel or third party.
1293 Section 34. Section 559.9335, Florida Statutes, is amended
1294 to read:
1295 559.9335 Violations.—It is a violation of this part for any
1296 seller of travel, independent agent, assignee, or other person:
1297 (1) To conduct business as a seller of travel without
1298 registering annually with the department unless exempt pursuant
1299 to s. 559.935.
1300 (2) To conduct business as a seller of travel without an
1301 annual purchase of a performance bond in the amount set by the
1302 department unless exempt pursuant to s. 559.935.
1303 (3) Knowingly to make any false statement, representation,
1304 or certification in any application, document, or record
1305 required to be submitted or retained under this part or in any
1306 response to an inquiry or investigation conducted by the
1307 department or any other governmental agency.
1308 (4) Knowingly to sell or market any number of vacation
1309 certificates that exceed the number disclosed to the department
1310 pursuant to this section.
1311 (5) Knowingly to sell or market vacation certificates with
1312 an expiration date of more than 18 months from the date of
1313 issuance.
1314 (6) Knowingly to require, request, encourage, or suggest,
1315 directly or indirectly, that payment for the right to obtain a
1316 travel contract, certificate, or vacation package must be by
1317 credit card authorization or to otherwise announce a preference
1318 for that method of payment over any other when no correct and
1319 true explanation for such preference is likewise stated.
1320 (6)(7) Knowingly to state, represent, indicate, suggest, or
1321 imply, directly or indirectly, that the travel contract,
1322 certificate, or vacation package being offered by the seller of
1323 travel cannot be purchased at some later time or may not
1324 otherwise be available after the initial contact, or that
1325 callbacks by the prospective purchaser are not accepted, when no
1326 such restrictions or limitations in fact exist.
1327 (7)(8) To misrepresent in any manner the purchaser’s right
1328 to cancel and to receive an appropriate refund or reimbursement
1329 as provided by this part.
1330 (8)(9) To sell any vacation certificate the duration of
1331 which exceeds the duration of any agreement between the seller
1332 and any business entity obligated thereby to provide
1333 accommodations or facilities pursuant to the vacation
1334 certificate.
1335 (9)(10) To misrepresent or deceptively represent:
1336 (a) The amount of time or period of time accommodations or
1337 facilities will be available.
1338 (b) The location of accommodations or facilities offered.
1339 (c) The price, size, nature, extent, qualities, or
1340 characteristics of accommodations or facilities offered.
1341 (d) The nature or extent of other goods, services, or
1342 amenities offered.
1343 (e) A purchaser’s rights, privileges, or benefits.
1344 (f) The conditions under which the purchaser may obtain a
1345 reservation for the use of offered accommodations or facilities.
1346 (g) That the recipient of an advertisement or promotional
1347 materials is a winner, or has been selected, or is otherwise
1348 being involved in a select group for receipt, of a gift, award,
1349 or prize, unless this fact is the truth.
1350 (10)(11) To fail to inform a purchaser of a nonrefundable
1351 cancellation policy before prior to the seller of travel
1352 accepting any fee, commission, or other valuable consideration.
1353 (11)(12) To fail to include, when offering to sell a
1354 vacation certificate, in any advertisement or promotional
1355 material, the following statement: “This is an offer to sell
1356 travel.”
1357 (12)(13) To fail to honor and comply with all provisions of
1358 the vacation certificate regarding the purchaser’s rights,
1359 benefits, and privileges thereunder.
1360 (13)(14)(a) To include in any vacation certificate or
1361 contract any provision purporting to waive or limit any right or
1362 benefit provided to purchasers under this part; or
1363 (b) To seek or solicit such waiver or acceptance of
1364 limitation from a purchaser concerning rights or benefits
1365 provided under this part.
1366 (14)(15) To offer vacation certificates for any
1367 accommodation or facility for which there is no contract with
1368 the owner of the accommodation or facility securing the
1369 purchaser’s right to occupancy and use, unless the seller is the
1370 owner.
1371 (15)(16) To use a local mailing address, registration
1372 facility, drop box, or answering service in the promotion,
1373 advertising, solicitation, or sale of vacation certificates,
1374 unless the seller’s fixed business address is clearly disclosed
1375 during any telephone solicitation and is prominently and
1376 conspicuously disclosed on all solicitation materials and on the
1377 contract.
1378 (16)(17) To use any registered trademark, trade name, or
1379 trade logo in any promotional, advertising, or solicitation
1380 materials without written authorization from the holder of such
1381 trademark, trade name, or trade logo.
1382 (17)(18) To represent, directly or by implication, any
1383 affiliation with, or endorsement by, any governmental,
1384 charitable, educational, medical, religious, fraternal, or civic
1385 organization or body, or any individual, in the promotion,
1386 advertisement, solicitation, or sale of vacation certificates
1387 without express written authorization.
1388 (18)(19) To sell a vacation certificate to any purchaser
1389 who is ineligible for its use.
1390 (19)(20) To sell any number of vacation certificates in
1391 excess of exceeding the number of available accommodations
1392 disclosed pursuant to this part.
1393 (20)(21) During the period of a vacation certificate’s
1394 validity, in the event, for any reason whatsoever, of lapse or
1395 breach of an agreement for the provision of accommodations or
1396 facilities to purchasers, to fail to procure similar agreement
1397 for the provision of comparable alternate accommodations or
1398 facilities in the same city or surrounding area.
1399 (21)(22) To offer to sell, at wholesale or retail,
1400 prearranged travel or, tourist-related services, or tour-guide
1401 services for individuals or groups directly to any terrorist
1402 state and which originate in Florida, without disclosing such
1403 business activities in a certification filed under s.
1404 559.9285(1)(b) or (c).
1405 (22)(23) To violate any state or federal law restricting or
1406 prohibiting commerce with terrorist states.
1407 (23)(24) To engage in do any other fraudulent action that
1408 act which constitutes fraud, misrepresentation, or failure to
1409 disclose a material fact, or to commit any other violation of,
1410 or fail to comply with, this part.
1411 (24)(25) To refuse or fail, or for any of its principal
1412 officers to refuse or fail, after notice, to produce any
1413 document or record or disclose any information required to be
1414 produced or disclosed.
1415 (25)(26) Knowingly to make a material false statement in
1416 response to any request or investigation by the department, the
1417 Department of Legal Affairs, or the state attorney.
1418 Section 35. Subsections (3) and (4) of section 559.935,
1419 Florida Statutes, are amended to read:
1420 559.935 Exemptions.—
1421 (3) Sections 559.928, 559.929, 559.9295, 559.931, and
1422 559.932 shall also do not apply to a seller of travel that is an
1423 affiliate of an entity exempt pursuant to subsection (2) subject
1424 to the following conditions:
1425 (a) If In the event the department finds the affiliate does
1426 not have a satisfactory consumer complaint history or the
1427 affiliate fails to respond to a consumer complaint within 30
1428 days, the related seller of travel exempt pursuant to subsection
1429 (2) is shall be liable for the actions of the affiliate, subject
1430 to the remedies provided in ss. 559.9355 and 559.936.
1431 (b) If In the event the department is unable to locate an
1432 affiliate, the related seller of travel exempt pursuant to
1433 subsection (2) is shall be fully liable for the actions of the
1434 affiliate, subject to the remedies provided in ss. 559.9355 and
1435 559.936.
1436 (c) In order to obtain an exemption under this subsection,
1437 the affiliate shall file an affidavit of exemption on a form
1438 prescribed by the department and shall certify its business
1439 activities under s. 559.9285(1)(a). The affidavit of exemption
1440 shall be executed by a person who exercises identical control
1441 over the seller of travel exempt pursuant to subsection (2) and
1442 the affiliate. Failure to file an affidavit of exemption or
1443 certification under s. 559.9285(1)(a) prior to engaging in
1444 seller of travel activities shall subject the affiliate to the
1445 remedies provided in ss. 559.9355 and 559.936.
1446 (c)(d) Revocation by the department of an exemption
1447 provided to a seller of travel under subsection (2) shall
1448 constitute automatic revocation by law of an exemption obtained
1449 by an affiliate under the subsection.
1450 (d)(e) This subsection does shall not apply to:
1451 1. An affiliate that independently qualifies for another
1452 exemption under this section.
1453 2. An affiliate that sells, or offers for sale, vacation
1454 certificates.
1455 3. An affiliate that certifies its business activities
1456 under s. 559.9285(1)(b) or (c).
1457 (e)(f) For purposes of this section, the term an
1458 “affiliate” means an entity that meets the following:
1459 1. The entity has the identical ownership as the seller of
1460 travel that is exempt under subsection (2).
1461 2. The ownership controlling the seller of travel that is
1462 exempt under subsection (2) also exercises identical control
1463 over the entity.
1464 3. The owners of the affiliate hold the identical
1465 percentage of voting shares as they hold in the seller of travel
1466 that is exempt under subsection (2).
1467 (4) The department may revoke the exemption provided in
1468 subsection (2) or subsection (3) if the department finds that
1469 the seller of travel does not have a satisfactory consumer
1470 complaint history, has been convicted of a crime involving
1471 fraud, theft, embezzlement, misappropriation of property,
1472 deceptive or unfair trade practices, or moral turpitude, or has
1473 not complied with the terms of any order or settlement agreement
1474 arising out of an administrative or enforcement action brought
1475 by a governmental agency or private person based on conduct
1476 involving fraud, theft, embezzlement, misappropriation of
1477 property, deceptive or unfair trade practices, or moral
1478 turpitude.
1479 Section 36. Subsection (3) of section 559.936, Florida
1480 Statutes, is amended to read:
1481 559.936 Civil penalties; remedies.—
1482 (3) The department may seek a civil penalty in the Class
1483 III category pursuant to s. 570.971 for each act or omission in
1484 violation of s. 559.9335(21) or (22) s. 559.9335(22) or (23).
1485 Section 37. Paragraph (b) of subsection (5), paragraph (a)
1486 of subsection (10), and subsections (15) and (16) of section
1487 616.242, Florida Statutes, are amended to read:
1488 616.242 Safety standards for amusement rides.—
1489 (5) ANNUAL PERMIT.—
1490 (b) To apply for an annual permit, an owner must submit to
1491 the department a written application on a form prescribed by
1492 rule of the department, which must include the following:
1493 1. The legal name, address, and primary place of business
1494 of the owner.
1495 2. A description, manufacturer’s name, serial number, model
1496 number and, if previously assigned, the United States Amusement
1497 Identification Number of the amusement ride.
1498 3. A valid certificate of insurance or bond for each
1499 amusement ride.
1500 4. An affidavit of compliance that the amusement ride was
1501 inspected in person by the affiant and that the amusement ride
1502 is in general conformance with the requirements of this section
1503 and all applicable rules adopted by the department. The
1504 affidavit must be executed by a professional engineer or a
1505 qualified inspector no earlier than 60 days before, but not
1506 later than, the date of the filing of the application with the
1507 department. The owner shall request inspection and permitting of
1508 the amusement ride within 60 days of the date of filing the
1509 application with the department. The department shall inspect
1510 and permit the amusement ride within 60 days after filing the
1511 application with the department.
1512 5. If required by subsection (6), an affidavit of
1513 nondestructive testing dated and executed no earlier than 60
1514 days before prior to, but not later than, the date of the filing
1515 of the application with the department. The owner shall request
1516 inspection and permitting of the amusement ride within 60 days
1517 of the date of filing the application with the department. The
1518 department shall inspect and permit the amusement ride within 60
1519 days after filing the application with the department.
1520 6. A request for inspection.
1521 7. Upon request, the owner shall, at no cost to the
1522 department, provide the department a copy of the manufacturer’s
1523 current recommended operating instructions in the possession of
1524 the owner, the owner’s operating fact sheet, and any written
1525 bulletins in the possession of the owner concerning the safety,
1526 operation, or maintenance of the amusement ride.
1527 (10) EXEMPTIONS.—
1528 (a) This section does not apply to:
1529 1. Permanent facilities that employ at least 1,000 full
1530 time employees and that maintain full-time, in-house safety
1531 inspectors. Furthermore, the permanent facilities must file an
1532 affidavit of the annual inspection with the department, on a
1533 form prescribed by rule of the department. Additionally, the
1534 Department of Agriculture and Consumer Services may consult
1535 annually with the permanent facilities regarding industry safety
1536 programs.
1537 2. Any playground operated by a school, local government,
1538 or business licensed under chapter 509, if the playground is an
1539 incidental amenity and the operating entity is not primarily
1540 engaged in providing amusement, pleasure, thrills, or
1541 excitement.
1542 3. Museums or other institutions principally devoted to the
1543 exhibition of products of agriculture, industry, education,
1544 science, religion, or the arts.
1545 4. Conventions or trade shows for the sale or exhibit of
1546 amusement rides if there are a minimum of 15 amusement rides on
1547 display or exhibition, and if any operation of such amusement
1548 rides is limited to the registered attendees of the convention
1549 or trade show.
1550 5. Skating rinks, arcades, laser lazer or paint ball war
1551 games, bowling alleys, miniature golf courses, mechanical bulls,
1552 inflatable rides, trampolines, ball crawls, exercise equipment,
1553 jet skis, paddle boats, airboats, helicopters, airplanes,
1554 parasails, hot air or helium balloons whether tethered or
1555 untethered, theatres, batting cages, stationary spring-mounted
1556 fixtures, rider-propelled merry-go-rounds, games, side shows,
1557 live animal rides, or live animal shows.
1558 6. Go-karts operated in competitive sporting events if
1559 participation is not open to the public.
1560 7. Nonmotorized playground equipment that is not required
1561 to have a manager.
1562 8. Coin-actuated amusement rides designed to be operated by
1563 depositing coins, tokens, credit cards, debit cards, bills, or
1564 other cash money and which are not required to have a manager,
1565 and which have a capacity of six persons or less.
1566 9. Facilities described in s. 549.09(1)(a) when such
1567 facilities are operating cars, trucks, or motorcycles only.
1568 10. Battery-powered cars or other vehicles that are
1569 designed to be operated by children 7 years of age or under and
1570 that cannot exceed a speed of 4 miles per hour.
1571 11. Mechanically driven vehicles that pull train cars,
1572 carts, wagons, or other similar vehicles, that are not confined
1573 to a metal track or confined to an area but are steered by an
1574 operator and do not exceed a speed of 4 miles per hour.
1575 12. A water-related amusement ride operated by a business
1576 licensed under chapter 509 if the water-related amusement ride
1577 is an incidental amenity and the operating business is not
1578 primarily engaged in providing amusement, pleasure, thrills, or
1579 excitement and does not offer day rates.
1580 13. An amusement ride at a private, membership-only
1581 facility if the amusement ride is an incidental amenity and the
1582 facility is not open to the general public; is not primarily
1583 engaged in providing amusement, pleasure, thrills, or
1584 excitement; and does not offer day rates.
1585 14. A nonprofit permanent facility registered under chapter
1586 496 which is not open to the general public.
1587 (15) INSPECTION BY OWNER OR MANAGER.—Before Prior to
1588 opening on each day of operation and before prior to any
1589 inspection by the department, the owner or manager of an
1590 amusement ride must inspect and test the amusement ride to
1591 ensure compliance with all requirements of this section. Each
1592 inspection must be recorded on a form prescribed by rule of the
1593 department and signed by the person who conducted the
1594 inspection. In lieu of the form prescribed by rule of the
1595 department, the owner or manager may request approval of an
1596 alternative form if the alternative form includes, at a minimum,
1597 the information required on the form prescribed by rule of the
1598 department. Inspection records of the last 14 daily inspections
1599 must be kept on site by the owner or manager and made
1600 immediately available to the department upon request.
1601 (16) TRAINING OF EMPLOYEES.—The owner or manager of an any
1602 amusement ride shall maintain a record of employee training for
1603 each employee authorized to operate, assemble, disassemble,
1604 transport, or conduct maintenance on an amusement ride, on a
1605 form prescribed by rule of the department. In lieu of the form
1606 prescribed by rule of the department, the owner or manager may
1607 request approval of an alternative form if the alternative form
1608 includes, at a minimum, the information required on the form
1609 prescribed by rule of the department. The training record must
1610 be kept on site by the owner or manager and made immediately
1611 available to the department upon request. Training may not be
1612 conducted when an amusement ride is open to the public unless
1613 the training is conducted under the supervision of an employee
1614 who is trained in the operation of that ride. The owner or
1615 manager shall certify that each employee is trained, as required
1616 by this section and any rules adopted thereunder, on the
1617 amusement ride for which the employee is responsible.
1618 Section 38. Subsections (1), (2), (5), (7), and (13) of
1619 section 713.585, Florida Statutes, are amended to read:
1620 713.585 Enforcement of lien by sale of motor vehicle.—A
1621 person claiming a lien under s. 713.58 for performing labor or
1622 services on a motor vehicle may enforce such lien by sale of the
1623 vehicle in accordance with the following procedures:
1624 (1) The lienor must give notice, by certified mail, return
1625 receipt requested, within 7 15 business days, excluding Saturday
1626 and Sunday, from the beginning date of the assessment of storage
1627 charges on said motor vehicle, to the registered owner of the
1628 vehicle, to the customer as indicated on the order for repair,
1629 and to all other persons claiming an interest in or lien
1630 thereon, as disclosed by the records of the Department of
1631 Highway Safety and Motor Vehicles or as disclosed by the records
1632 of any corresponding agency of any other state in which the
1633 vehicle is identified through a records check of the National
1634 Motor Vehicle Title Information System or an equivalent
1635 commercially available system as being the current state where
1636 the vehicle is titled. Such notice must contain:
1637 (a) A description of the vehicle, including, at minimum,
1638 its (year, make, vehicle identification number,) and the
1639 vehicle’s its location.
1640 (b) The name and address of the owner of the vehicle, the
1641 customer as indicated on the order for repair, and any person
1642 claiming an interest in or lien thereon.
1643 (c) The name, address, and telephone number of the lienor.
1644 (d) Notice that the lienor claims a lien on the vehicle for
1645 labor and services performed and storage charges, if any, and
1646 the cash sum which, if paid to the lienor, would be sufficient
1647 to redeem the vehicle from the lien claimed by the lienor.
1648 (e) Notice that the lien claimed by the lienor is subject
1649 to enforcement pursuant to this section and that the vehicle may
1650 be sold to satisfy the lien.
1651 (f) If known, the date, time, and location of any proposed
1652 or scheduled sale of the vehicle. A No vehicle may not be sold
1653 earlier than 60 days after completion of the repair work.
1654 (g) Notice that the owner of the vehicle or any person
1655 claiming an interest in or lien thereon has a right to a hearing
1656 at any time before prior to the scheduled date of sale by filing
1657 a demand for hearing with the clerk of the circuit court in the
1658 county in which the vehicle is held and mailing copies of the
1659 demand for hearing to all other owners and lienors as reflected
1660 on the notice.
1661 (h) Notice that the owner of the vehicle has a right to
1662 recover possession of the vehicle without instituting judicial
1663 proceedings by posting bond in accordance with the provisions of
1664 s. 559.917.
1665 (i) Notice that any proceeds from the sale of the vehicle
1666 remaining after payment of the amount claimed to be due and
1667 owing to the lienor will be deposited with the clerk of the
1668 circuit court for disposition upon court order pursuant to
1669 subsection (8).
1670 (j) Notice that a lienholder, if any, has the right, as
1671 specified in subsection (5), to demand a hearing or to post a
1672 bond.
1673 (2) If attempts to locate the owner or lienholder are
1674 unsuccessful after a check of the records of the Department of
1675 Highway Safety and Motor Vehicles and any state disclosed by the
1676 check of the National Motor Vehicle Title Information System or
1677 an equivalent commercially available system, the lienor must
1678 notify the local law enforcement agency in writing by certified
1679 mail or acknowledged hand delivery that the lienor has been
1680 unable to locate the owner or lienholder, that a physical search
1681 of the vehicle has disclosed no ownership information, and that
1682 a good faith effort, including records checks of the Department
1683 of Highway Safety and Motor Vehicles database and the National
1684 Motor Vehicle Title Information System or an equivalent
1685 commercially available system, has been made. A description of
1686 the motor vehicle which includes the year, make, and
1687 identification number must be given on the notice. This
1688 notification must take place within 7 15 business days,
1689 excluding Saturday and Sunday, from the beginning date of the
1690 assessment of storage charges on said motor vehicle. For
1691 purposes of this paragraph, the term “good faith effort” means
1692 that the following checks have been performed by the company to
1693 establish the prior state of registration and title:
1694 (a) A check of the Department of Highway Safety and Motor
1695 Vehicles database for the owner and any lienholder;
1696 (b) A check of the federally mandated electronic National
1697 Motor Vehicle Title Information System or an equivalent
1698 commercially available system to determine the state of
1699 registration when there is not a current title or registration
1700 record for the vehicle on file with the Department of Highway
1701 Safety and Motor Vehicles;
1702 (c) A check of vehicle for any type of tag, tag record,
1703 temporary tag, or regular tag;
1704 (d) A check of vehicle for inspection sticker or other
1705 stickers and decals that could indicate the state of possible
1706 registration; and
1707 (e) A check of the interior of the vehicle for any papers
1708 that could be in the glove box, trunk, or other areas for the
1709 state of registration.
1710 (5) At any time before prior to the proposed or scheduled
1711 date of sale of a vehicle, the owner of the vehicle, or any
1712 person claiming an interest in the vehicle or a lien thereon,
1713 may post a bond following the procedures outlined in s. 559.917
1714 or file a demand for hearing with the clerk of the circuit court
1715 in the county in which the vehicle is held to determine whether
1716 the vehicle has been wrongfully taken or withheld from her or
1717 him. Any person who files a demand for hearing shall mail copies
1718 of the demand to all other owners and lienors as reflected on
1719 the notice required in subsection (1).
1720 (a) Upon the filing of a demand for hearing, a hearing
1721 shall be held before prior to the proposed or scheduled date of
1722 sale of the vehicle.
1723 (b) Upon the posting of the bond and payment of the
1724 applicable fee set forth in s. 28.24, the clerk of the court
1725 shall issue a certificate notifying the lienor of the posting of
1726 the bond and directing the lienor to release the vehicle to the
1727 lienholder or the owner, based upon whomever posted the bond.
1728 (c) If a lienholder obtains the vehicle and the owner of
1729 the vehicle is not in default under the installment sales
1730 contract or title loan at the time the lienholder has possession
1731 of the vehicle, the lienholder must return the vehicle to the
1732 owner within 5 days after the owner repays the lienholder for
1733 the amount of the bond, or makes arrangements to repay the
1734 lienholder for the bond under terms agreeable to the lienholder.
1735 A lienholder may retain possession of the vehicle if the owner
1736 is in default until such time as the default is cured and the
1737 amount of the bond is repaid by the owner, or an arrangement
1738 agreeable to the lienholder is made with the owner.
1739 (7) At a the hearing on a complaint relating to the
1740 requirements of this section on the complaint, the court shall
1741 forthwith issue an its order determining:
1742 (a) Whether the vehicle is subject to a valid lien by the
1743 lienor and the amount thereof;
1744 (b) The priority of the lien of the lienor as against any
1745 existing security interest in the vehicle;
1746 (c) The distribution of any proceeds of the sale by the
1747 clerk of the circuit court;
1748 (d) The awarding of damages, if any;
1749 (e)(d) The award of reasonable attorney attorney’s fees and
1750 costs, at the court’s discretion, to the prevailing party; and
1751 (f)(e) The reasonableness of storage charges.
1752
1753 A final order, by the court, must also provide for immediate
1754 payment of any proceeds or awards, and the immediate release of
1755 the bond to the posting party, if applicable.
1756 (13) A failure to make good faith efforts as defined in
1757 subsection (2) precludes the imposition of any storage charges
1758 against the vehicle. If a lienor fails to provide notice to any
1759 person claiming a lien on a vehicle under subsection (1) within
1760 7 15 business days after the assessment of storage charges has
1761 begun, then the lienor is precluded from charging for more than
1762 7 15 days of storage, but failure to provide timely notice does
1763 not affect charges made for repairs, adjustments, or
1764 modifications to the vehicle or the priority of liens on the
1765 vehicle.
1766 Section 39. Subsections (2), (4), (5), and (10) of section
1767 790.06, Florida Statutes, are amended, and paragraph (f) is
1768 added to subsection (6) of that section, to read:
1769 790.06 License to carry concealed weapon or firearm.—
1770 (2) The Department of Agriculture and Consumer Services
1771 shall issue a license if the applicant:
1772 (a) Is a resident of the United States and a citizen of the
1773 United States or a permanent resident alien of the United
1774 States, as determined by the United States Bureau of Citizenship
1775 and Immigration Services, or is a consular security official of
1776 a foreign government that maintains diplomatic relations and
1777 treaties of commerce, friendship, and navigation with the United
1778 States and is certified as such by the foreign government and by
1779 the appropriate embassy in this country;
1780 (b) Is 21 years of age or older;
1781 (c) Does not suffer from a physical infirmity which
1782 prevents the safe handling of a weapon or firearm;
1783 (d) Is not ineligible to possess a firearm pursuant to s.
1784 790.23 by virtue of having been convicted of a felony;
1785 (e) Has not been committed for the abuse of a controlled
1786 substance or been found guilty of a crime under the provisions
1787 of chapter 893 or similar laws of any other state relating to
1788 controlled substances within a 3-year period immediately
1789 preceding the date on which the application is submitted;
1790 (f) Does not chronically and habitually use alcoholic
1791 beverages or other substances to the extent that his or her
1792 normal faculties are impaired. It shall be presumed that an
1793 applicant chronically and habitually uses alcoholic beverages or
1794 other substances to the extent that his or her normal faculties
1795 are impaired if the applicant has been committed under chapter
1796 397 or under the provisions of former chapter 396 or has been
1797 convicted under s. 790.151 or has been deemed a habitual
1798 offender under s. 856.011(3), or has had two or more convictions
1799 under s. 316.193 or similar laws of any other state, within the
1800 3-year period immediately preceding the date on which the
1801 application is submitted;
1802 (g) Desires a legal means to carry a concealed weapon or
1803 firearm for lawful self-defense;
1804 (h) Demonstrates competence with a firearm by any one of
1805 the following:
1806 1. Completion of any hunter education or hunter safety
1807 course approved by the Fish and Wildlife Conservation Commission
1808 or a similar agency of another state;
1809 2. Completion of any National Rifle Association firearms
1810 safety or training course;
1811 3. Completion of any firearms safety or training course or
1812 class available to the general public offered by a law
1813 enforcement agency, junior college, college, or private or
1814 public institution or organization or firearms training school,
1815 using utilizing instructors certified by the National Rifle
1816 Association, Criminal Justice Standards and Training Commission,
1817 or the Department of Agriculture and Consumer Services;
1818 4. Completion of any law enforcement firearms safety or
1819 training course or class offered for security guards,
1820 investigators, special deputies, or any division or subdivision
1821 of a law enforcement agency or security enforcement;
1822 5. Presents evidence of equivalent experience with a
1823 firearm through participation in organized shooting competition
1824 or military service;
1825 6. Is licensed or has been licensed to carry a firearm in
1826 this state or a county or municipality of this state, unless
1827 such license has been revoked for cause; or
1828 7. Completion of any firearms training or safety course or
1829 class conducted by a state-certified or National Rifle
1830 Association certified firearms instructor;
1831
1832 A photocopy of a certificate of completion of any of the courses
1833 or classes; or an affidavit from the instructor, school, club,
1834 organization, or group that conducted or taught such said course
1835 or class attesting to the completion of the course or class by
1836 the applicant; or a copy of any document that which shows
1837 completion of the course or class or evidences participation in
1838 firearms competition shall constitute evidence of qualification
1839 under this paragraph. A; any person who conducts a course
1840 pursuant to subparagraph 2., subparagraph 3., or subparagraph
1841 7., or who, as an instructor, attests to the completion of such
1842 courses, must maintain records certifying that he or she
1843 observed the student safely handle and discharge the firearm in
1844 his or her physical presence and that the discharge of the
1845 firearm included live fire using a firearm and ammunition as
1846 defined in s. 790.001;
1847 (i) Has not been adjudicated an incapacitated person under
1848 s. 744.331, or similar laws of any other state, unless 5 years
1849 have elapsed since the applicant’s restoration to capacity by
1850 court order;
1851 (j) Has not been committed to a mental institution under
1852 chapter 394, or similar laws of any other state, unless the
1853 applicant produces a certificate from a licensed psychiatrist
1854 that he or she has not suffered from disability for at least 5
1855 years before prior to the date of submission of the application;
1856 (k) Has not had adjudication of guilt withheld or
1857 imposition of sentence suspended on any felony or misdemeanor
1858 crime of domestic violence unless 3 years have elapsed since
1859 probation or any other conditions set by the court have been
1860 fulfilled, or expunction has occurred the record has been sealed
1861 or expunged;
1862 (l) Has not had adjudication of guilt withheld or
1863 imposition of sentence suspended on any misdemeanor crime of
1864 domestic violence unless 3 years have elapsed since probation or
1865 any other conditions set by the court have been fulfilled, or
1866 the record has been sealed or expunged;
1867 (m)(l) Has not been issued an injunction that is currently
1868 in force and effect and that restrains the applicant from
1869 committing acts of domestic violence or acts of repeat violence;
1870 and
1871 (n)(m) Is not prohibited from purchasing or possessing a
1872 firearm by any other provision of Florida or federal law.
1873 (4) The application shall be completed, under oath, on a
1874 form adopted promulgated by the Department of Agriculture and
1875 Consumer Services and shall include:
1876 (a) The name, address, place of birth, and date of birth,
1877 and race, and occupation of the applicant;
1878 (b) A statement that the applicant is in compliance with
1879 criteria contained within subsections (2) and (3);
1880 (c) A statement that the applicant has been furnished a
1881 copy of this chapter and is knowledgeable of its provisions;
1882 (d) A conspicuous warning that the application is executed
1883 under oath and that a false answer to any question, or the
1884 submission of any false document by the applicant, subjects the
1885 applicant to criminal prosecution under s. 837.06; and
1886 (e) A statement that the applicant desires a concealed
1887 weapon or firearms license as a means of lawful self-defense;
1888 and.
1889 (f) Directions for an applicant who is a servicemember, as
1890 defined in s. 250.01, or a veteran, as defined in s. 1.01, to
1891 request expedited processing of his or her application.
1892 (5) The applicant shall submit to the Department of
1893 Agriculture and Consumer Services or an approved tax collector
1894 pursuant to s. 790.0625:
1895 (a) A completed application as described in subsection (4).
1896 (b) A nonrefundable license fee of up to $60 $70 if he or
1897 she has not previously been issued a statewide license or of up
1898 to $50 $60 for renewal of a statewide license. The cost of
1899 processing fingerprints as required in paragraph (c) shall be
1900 borne by the applicant. However, an individual holding an active
1901 certification from the Criminal Justice Standards and Training
1902 Commission as a law enforcement officer, correctional officer,
1903 or correctional probation officer as defined in s. 943.10(1),
1904 (2), (3), (6), (7), (8), or (9) is exempt from the licensing
1905 requirements of this section. If such individual wishes to
1906 receive a concealed weapon weapons or firearm firearms license,
1907 he or she is exempt from the background investigation and all
1908 background investigation fees, but must pay the current license
1909 fees regularly required to be paid by nonexempt applicants.
1910 Further, a law enforcement officer, a correctional officer, or a
1911 correctional probation officer as defined in s. 943.10(1), (2),
1912 or (3) is exempt from the required fees and background
1913 investigation for a period of 1 year after his or her
1914 retirement.
1915 (c) A full set of fingerprints of the applicant
1916 administered by a law enforcement agency or the Division of
1917 Licensing of the Department of Agriculture and Consumer Services
1918 or an approved tax collector pursuant to s. 790.0625 together
1919 with any personal identifying information required by federal
1920 law to process fingerprints.
1921 (d) A photocopy of a certificate, affidavit, or document as
1922 described in paragraph (2)(h).
1923 (e) A full frontal view color photograph of the applicant
1924 taken within the preceding 30 days, in which the head, including
1925 hair, measures 7/8 of an inch wide and 1 1/8 inches high.
1926 (f) For expedited processing of an application:
1927 1. A servicemember shall submit a copy of the Common Access
1928 Card, United States Uniformed Services Identification Card, or
1929 current deployment orders.
1930 2. A veteran shall submit a copy of the DD Form 214, issued
1931 by the United States Department of Defense, or another
1932 acceptable form of identification as specified by the Department
1933 of Veterans’ Affairs.
1934 (6)
1935 (f) The Department of Agriculture and Consumer Services
1936 shall, upon receipt of a completed application and the
1937 identifying information required under paragraph (5)(f),
1938 expedite the processing of a servicemember’s or a veteran’s
1939 concealed weapon or firearm license application.
1940 (10) A license issued under this section shall be suspended
1941 or revoked pursuant to chapter 120 if the licensee:
1942 (a) Is found to be ineligible under the criteria set forth
1943 in subsection (2);
1944 (b) Develops or sustains a physical infirmity which
1945 prevents the safe handling of a weapon or firearm;
1946 (c) Is convicted of a felony which would make the licensee
1947 ineligible to possess a firearm pursuant to s. 790.23;
1948 (d) Is found guilty of a crime under the provisions of
1949 chapter 893, or similar laws of any other state, relating to
1950 controlled substances;
1951 (e) Is committed as a substance abuser under chapter 397,
1952 or is deemed a habitual offender under s. 856.011(3), or similar
1953 laws of any other state;
1954 (f) Is convicted of a second violation of s. 316.193, or a
1955 similar law of another state, within 3 years after of a first
1956 previous conviction of such section, or similar law of another
1957 state, even though the first violation may have occurred before
1958 prior to the date on which the application was submitted;
1959 (g) Is adjudicated an incapacitated person under s.
1960 744.331, or similar laws of any other state; or
1961 (h) Is committed to a mental institution under chapter 394,
1962 or similar laws of any other state.
1963
1964 Notwithstanding s. 120.60(5), service of a notice of the
1965 suspension or revocation of a concealed weapon or firearm
1966 license must be given by either certified mail, return receipt
1967 requested, to the licensee at his or her last known mailing
1968 address furnished to the Department of Agriculture and Consumer
1969 Services, or by personal service. If a notice given by certified
1970 mail is returned as undeliverable, a second attempt must be made
1971 to provide notice to the licensee at that address, by either
1972 first-class mail in an envelope, postage prepaid, addressed to
1973 the licensee at his or her last known mailing address furnished
1974 to the department, or, if the licensee has provided an e-mail
1975 address to the department, by e-mail. Such mailing by the
1976 department constitutes notice, and any failure by the licensee
1977 to receive such notice does not stay the effective date or term
1978 of the suspension or revocation. A request for hearing must be
1979 filed with the department within 21 days after notice is
1980 received by personal delivery, or within 26 days after the date
1981 the department deposits the notice in the United States mail (21
1982 days plus 5 days for mailing). The department shall document its
1983 attempts to provide notice and such documentation is admissible
1984 in the courts of this state and constitutes sufficient proof
1985 that notice was given.
1986 Section 40. Effective upon this act becoming a law,
1987 paragraph (a) of subsection (11) of section 790.06, Florida
1988 Statutes, is amended to read:
1989 790.06 License to carry concealed weapon or firearm.—
1990 (11)(a) At least No less than 90 days before the expiration
1991 date of the license, the Department of Agriculture and Consumer
1992 Services shall mail to each licensee a written notice of the
1993 expiration and a renewal form prescribed by the Department of
1994 Agriculture and Consumer Services. The licensee must renew his
1995 or her license on or before the expiration date by filing with
1996 the Department of Agriculture and Consumer Services the renewal
1997 form containing an a notarized affidavit submitted under oath
1998 and under penalty of perjury stating that the licensee remains
1999 qualified pursuant to the criteria specified in subsections (2)
2000 and (3), a color photograph as specified in paragraph (5)(e),
2001 and the required renewal fee. Out-of-state residents must also
2002 submit a complete set of fingerprints and fingerprint processing
2003 fee. The license shall be renewed upon receipt of the completed
2004 renewal form, color photograph, appropriate payment of fees,
2005 and, if applicable, fingerprints. Additionally, a licensee who
2006 fails to file a renewal application on or before its expiration
2007 date must renew his or her license by paying a late fee of $15.
2008 A license may not be renewed 180 days or more after its
2009 expiration date, and such a license is deemed to be permanently
2010 expired. A person whose license has been permanently expired may
2011 reapply for licensure; however, an application for licensure and
2012 fees under subsection (5) must be submitted, and a background
2013 investigation shall be conducted pursuant to this section. A
2014 person who knowingly files false information under this
2015 subsection is subject to criminal prosecution under s. 837.06.
2016 Section 41. Subsection (8) is added to section 790.0625,
2017 Florida Statutes, to read:
2018 790.0625 Appointment of tax collectors to accept
2019 applications for a concealed weapon or firearm license; fees;
2020 penalties.—
2021 (8) Upon receipt of a completed renewal application, a new
2022 color photograph, and appropriate payment of fees, a tax
2023 collector authorized to accept renewal applications for
2024 concealed weapon or firearm licenses under this section may,
2025 upon approval and confirmation of license issuance by the
2026 department, print and deliver a concealed weapon or firearm
2027 license to a licensee renewing his or her license at the tax
2028 collector’s office.
2029 Section 42. Subsections (1) through (4) of section 559.917,
2030 Florida Statutes, are amended to read:
2031 559.917 Bond to release possessory lien claimed by motor
2032 vehicle repair shop.—
2033 (1) As used in this section, the term:
2034 (a) “Lienholder” means a person claiming an interest in or
2035 a lien on a vehicle pursuant to s. 713.585(5).
2036 (b) “Lienor” means a person claiming a lien for motor
2037 vehicle repair shop work under part II of chapter 713.
2038 (2)(1)(a) A lienholder or Any customer may obtain the
2039 release of a her or his motor vehicle for which the lienholder
2040 or customer has a lien or ownership rights, respectively, from
2041 any lien claimed under part II of chapter 713 by a motor vehicle
2042 repair shop for repair work performed under a written repair
2043 estimate by filing with the clerk of the court in the circuit in
2044 which the disputed transaction occurred a cash or surety bond,
2045 payable to the person claiming the lien and conditioned for the
2046 payment of any judgment which may be entered on the lien. The
2047 bond shall be in the amount stated on the invoice required by s.
2048 559.911, plus accrued storage charges, if any, less any amount
2049 paid to the motor vehicle repair shop as indicated on the
2050 invoice. The lienholder or customer shall not be required to
2051 institute judicial proceedings in order to post the bond in the
2052 registry of the court, nor shall the lienholder or customer be
2053 required to use a particular form for posting the bond, unless
2054 the clerk provides shall provide such form to the lienholder or
2055 customer for filing. Upon the posting of such bond, the clerk of
2056 the court shall automatically issue a certificate notifying the
2057 lienor of the posting of the bond and directing the lienor to
2058 release the lienholder’s or customer’s motor vehicle.
2059 (b) The lienor shall have 60 days to file suit to recover
2060 the bond. The prevailing party in that action may be entitled to
2061 damages plus court costs and reasonable attorney attorney’s
2062 fees. If the lienor fails to file suit within 60 days after the
2063 posting of such bond, the bond shall be discharged.
2064 (3)(2) The failure of a lienor to release or return to the
2065 lienholder or customer the motor vehicle upon which any lien is
2066 claimed, upon receiving a copy of a certificate giving notice of
2067 the posting of the bond and directing release of the motor
2068 vehicle, shall subject the lienor to judicial proceedings which
2069 may be brought by the lienholder or customer to compel
2070 compliance with the certificate. If Whenever a lienholder
2071 pursuant to s. 713.585 or customer brings an action to compel
2072 compliance with the certificate, the lienholder or customer need
2073 only establish that:
2074 (a) Bond in the amount of the invoice, plus accrued storage
2075 charges, if any, less any amount paid to the motor vehicle
2076 repair shop as indicated on the invoice, was posted;
2077 (b) A certificate was issued pursuant to this section;
2078 (c) The motor vehicle repair shop, or any employee or agent
2079 thereof who is authorized to release the motor vehicle, received
2080 a copy of a certificate issued pursuant to this section; and
2081 (d) The motor vehicle repair shop or employee authorized to
2082 release the motor vehicle failed to release the motor vehicle.
2083
2084 The lienholder or customer, upon a judgment in her or his favor
2085 in an action brought under this subsection, may be entitled to
2086 damages plus court costs and reasonable attorney attorney’s fees
2087 sustained by her or him by reason of such wrongful detention or
2088 retention. Upon a judgment in favor of the motor vehicle repair
2089 shop, the shop may be entitled to reasonable attorney attorney’s
2090 fees.
2091 (4)(3) Any motor vehicle repair shop that which, or any
2092 employee or agent thereof who is authorized to release the motor
2093 vehicle who, upon receiving a copy of a certificate giving
2094 notice of the posting of the bond in the required amount and
2095 directing release of the motor vehicle, fails to release or
2096 return the property to the lienholder or customer pursuant to
2097 this section commits is guilty of a misdemeanor of the second
2098 degree, punishable as provided in s. 775.082 or s. 775.083.
2099 (5)(4) Any lienholder or customer who stops payment on a
2100 credit card charge or a check drawn in favor of a motor vehicle
2101 repair shop on account of an invoice, or who fails to post a
2102 cash or surety bond pursuant to this section, shall be
2103 prohibited from any recourse under this section with respect to
2104 the motor vehicle repair shop.
2105 Section 43. Subsection (1) and paragraph (d) of subsection
2106 (3) of section 559.9285, Florida Statutes, are amended to read:
2107 559.9285 Certification of business activities.—
2108 (1) Each certifying party, as defined in s. 559.927(2):
2109 (a) Which does not offer for sale, at wholesale or retail,
2110 prearranged travel or, tourist-related services, or tour-guide
2111 services for individuals or groups directly to any terrorist
2112 state and which originate in Florida;
2113 (b) Which offers for sale, at wholesale or retail, only
2114 prearranged travel or, tourist-related services, or tour-guide
2115 services for individuals or groups directly to any terrorist
2116 state and which originate in Florida, but engages in no other
2117 business dealings or commerce with any terrorist state; or
2118 (c) Which offers for sale, at wholesale or retail,
2119 prearranged travel or, tourist-related services, or tour-guide
2120 services for individuals or groups directly to any terrorist
2121 state and which originate in Florida, and also engages in any
2122 other business dealings or commerce with any terrorist state,
2123
2124 shall annually certify its business activities by filing a
2125 disclosure statement with the department which accurately
2126 represents the scope of the seller’s business activities
2127 according to the criteria provided in paragraph (a), paragraph
2128 (b), or paragraph (c).
2129 (3) The department shall specify by rule the form of each
2130 certification under this section which shall include the
2131 following information:
2132 (d) The type of all prearranged travel or, tourist-related
2133 services, or tour-guide services that the certifying party
2134 offers for sale to individuals or groups traveling directly to
2135 any terrorist state and that originate in Florida, and the
2136 frequency with which such services are offered.
2137 Section 44. Subsection (2) of section 559.937, Florida
2138 Statutes, is amended to read:
2139 559.937 Criminal penalties.—Any person or business that
2140 violates this part:
2141 (2) Which violation directly or indirectly pertains to an
2142 offer to sell, at wholesale or retail, prearranged travel or,
2143 tourist-related services, or tour-guide services for individuals
2144 or groups directly to any terrorist state and which originate in
2145 Florida, commits a felony of the third degree, punishable as
2146 provided in s. 775.082 or s. 775.083.
2147 Section 45. For the 2016-2017 fiscal year, the sum of
2148 $2,610,195 in nonrecurring funds from the Division of Licensing
2149 Trust Fund is appropriated to the Department of Agriculture and
2150 Consumer Services for the purpose of implementing s. 493.6108,
2151 Florida Statutes, regarding the collection and subsequent
2152 payment of fingerprint retention and processing fees to the
2153 Florida Department of Law Enforcement.
2154 Section 46. Except as otherwise expressly provided in this
2155 act, this act shall take effect July 1, 2016.
2156
2157 ================= T I T L E A M E N D M E N T ================
2158 And the title is amended as follows:
2159 Delete everything before the enacting clause
2160 and insert:
2161 A bill to be entitled
2162 An act relating to regulated service providers;
2163 amending s. 472.007, F.S.; revising the composition of
2164 the Board of Professional Surveyors and Mappers;
2165 amending s. 472.015, F.S.; requiring the Department of
2166 Agriculture and Consumer Services to waive the initial
2167 land surveying and mapping license fee for certain
2168 veterans, the spouses of such veterans, or certain
2169 business entities that have a majority ownership held
2170 by such veterans or spouses; amending s. 493.6105,
2171 F.S.; waiving the initial application fee for veterans
2172 for certain private investigative, private security,
2173 and repossession service licenses; revising certain
2174 fees for initial license applications; amending s.
2175 493.6106, F.S.; deleting a provision requiring that
2176 certain applicants submit additional documentation
2177 establishing state residency; amending s. 493.6107,
2178 F.S.; waiving the initial license fees for veterans
2179 for certain private investigative, private security,
2180 and repossession service licenses; amending s.
2181 493.6108, F.S.; beginning on a specified date,
2182 requiring the Department of Law Enforcement to retain
2183 fingerprints submitted for private investigative,
2184 private security, and repossession service licenses,
2185 to enter such fingerprints into the statewide
2186 automated biometric identification system and the
2187 Federal Bureau of Investigation’s national retained
2188 print arrest notification program, and to report any
2189 arrest record information to the Department of
2190 Agriculture and Consumer Services; requiring the
2191 department to provide information about an arrest of a
2192 licensee for certain crime within the state to the
2193 agency that employs the licensee; amending s.
2194 493.6113, F.S.; clarifying the renewal requirements
2195 for Class “K” licenses; requiring a person holding a
2196 private investigative, private security, or
2197 repossession service license issued before a certain
2198 date to submit, upon first renewal of the license, a
2199 full set of fingerprints and a fingerprint processing
2200 fee; amending ss. 493.6202, 493.6302, and 493.6402,
2201 F.S.; waiving initial license fees for veterans for
2202 certain private investigative, private security, and
2203 repossession service licenses; amending s. 501.0125,
2204 F.S.; revising the definition of the term “health
2205 studio”; defining the term “personal trainer”;
2206 amending s. 501.015, F.S.; requiring the department to
2207 waive the initial health studio registration fee for
2208 certain veterans, the spouses of such veterans, or
2209 certain business entities that have a majority
2210 ownership held by such veterans or spouses; amending
2211 s. 501.605, F.S.; prohibiting the use of a mail drop
2212 as a street address for the principal location of a
2213 commercial telephone seller; requiring the department
2214 to waive the initial commercial telephone seller
2215 license fee for certain veterans, the spouses of such
2216 veterans, or certain business entities that have a
2217 majority ownership held by such veterans or spouses;
2218 amending s. 501.607, F.S.; requiring the department to
2219 waive the initial telephone salesperson license fees
2220 for certain veterans, the spouses of such veterans, or
2221 certain business entities that have a majority
2222 ownership held by such veterans or spouses; amending
2223 s. 507.03, F.S.; requiring the department to waive the
2224 initial registration fee for an intrastate mover for
2225 certain veterans, the spouses of such veterans, or
2226 certain business entities that have a majority
2227 ownership held by such veterans or spouses; amending
2228 s. 527.02, F.S.; requiring the department to waive the
2229 original liquefied petroleum gas license fee for
2230 certain veterans, the spouses of such veterans, or
2231 certain business entities that have a majority
2232 ownership held by such veterans or spouses; amending
2233 s. 527.021, F.S.; deleting a provision requiring a fee
2234 for registering transport vehicles; amending s.
2235 531.37, F.S.; revising the definition of the term
2236 “weights and measures”; amending s. 531.415, F.S.;
2237 revising the fees for actual metrology laboratory
2238 calibration and testing services; amending s. 531.60,
2239 F.S.; clarifying the applicability of permits for
2240 commercially operated or tested weights or measures
2241 instruments or devices; requiring a new permit
2242 application if a new owner acquires and moves an
2243 instrument or a device; requiring a business to notify
2244 the department of certain information under certain
2245 circumstances; deleting a provision authorizing the
2246 department to test weights and measures instruments or
2247 devices under certain circumstances; amending s.
2248 531.61, F.S.; clarifying provisions exempting certain
2249 instruments or devices from specified requirements;
2250 amending s. 531.62, F.S.; specifying that the
2251 commercial use permit fee is based upon the number and
2252 types of instruments or devices permitted; revising
2253 the expiration date of the commercial use permit;
2254 requiring annual and biennial commercial use permit
2255 renewals to meet the same requirements; amending s.
2256 531.63, F.S.; revising the commercial use permit fees
2257 and fee structures; amending s. 531.65, F.S.;
2258 clarifying that the department may use one or more of
2259 the prescribed penalties for the unauthorized use of a
2260 weights and measures instrument or device; amending s.
2261 539.001, F.S.; requiring the department to waive the
2262 initial pawnbroker license fee for certain veterans,
2263 the spouses of such veterans, or certain business
2264 entities that have a majority ownership held by such
2265 veterans or spouses; amending s. 559.904, F.S.;
2266 requiring the department to waive the initial motor
2267 vehicle repair shop registration fee for certain
2268 veterans, the spouses of such veterans, or certain
2269 business entities that have a majority ownership held
2270 by such veterans or spouses; creating s. 559.9191,
2271 F.S.; requiring motor vehicle repair shops to obtain
2272 consent before seeking certain funds from insurers;
2273 requiring such shops to meet certain conditions before
2274 filing certain actions against insurers; providing
2275 requirements for certain customer consent; amending s.
2276 559.927, F.S.; revising definitions; amending s.
2277 559.928, F.S.; requiring the department to waive the
2278 initial seller of travel registration fee for certain
2279 veterans, the spouses of such veterans, or certain
2280 business entities that have a majority ownership held
2281 by such veterans or spouses; requiring independent
2282 agents to annually file an application, rather than an
2283 affidavit; requiring each advertisement or certificate
2284 and other travel documents to include a specified
2285 phrase; deleting a provision requiring an
2286 advertisement to include a specified phrase; revising
2287 the circumstances under which the department may deny
2288 or refuse to renew a registration; authorizing the
2289 department to revoke the registration of a seller of
2290 travel under certain circumstances; amending s.
2291 559.929, F.S.; revising certain security requirements;
2292 amending s. 559.9295, F.S.; revising the documents
2293 that certain sellers of travel are required to submit
2294 and disclose to the department; deleting provisions
2295 relating to the duties of the department; amending s.
2296 559.932, F.S.; requiring that certain disclosures be
2297 made in a specified type size; revising the language
2298 that must be included in certain disclosures;
2299 requiring the department to review copies of certain
2300 certificates and contracts for compliance with
2301 disclosure requirements; specifying that the
2302 submission of certain materials or department response
2303 does not constitute approval, recommendation,
2304 endorsement, or verification; amending s. 559.933,
2305 F.S.; making technical changes; amending s. 559.9335,
2306 F.S.; revising violations relating to the sale of
2307 travel; amending s. 559.935, F.S.; deleting a
2308 provision requiring an affiliate to file an affidavit
2309 of exemption in order to obtain a specified exemption;
2310 adding embezzlement as a crime for which the
2311 department may revoke certain exemptions; amending s.
2312 559.936, F.S.; conforming cross-references; amending
2313 s. 616.242, F.S.; exempting water-related amusement
2314 rides operated by lodging and food service
2315 establishments and membership campgrounds, amusement
2316 rides at private, membership-only facilities, and
2317 nonprofit permanent facilities from certain safety
2318 standards; authorizing owners or managers of amusement
2319 rides to use alternative forms to record ride
2320 inspections and employee training; amending s.
2321 713.585, F.S.; revising certain notice requirements;
2322 authorizing the owner of a vehicle or a person
2323 claiming an interest in the vehicle or in a lien
2324 thereon to post a bond to recover possession of a
2325 vehicle held by a lienor; requiring the clerk of the
2326 court to issue a certificate notifying the lienor of
2327 the posting of bond; establishing procedures and
2328 requirements for a vehicle owner to reclaim such
2329 vehicles recovered by a lienholder; authorizing courts
2330 to award damages based on claims relating to the
2331 enforcement of certain lien and recovery rights;
2332 requiring courts to provide for the immediate payment
2333 of proceeds and awards and immediate release of bonds;
2334 amending s. 790.06, F.S.; revising the requirements
2335 for issuance of a concealed weapon or firearm license;
2336 requiring directions for expedited processing requests
2337 in the license application form; revising the initial
2338 and renewal fees for a concealed weapon or firearm
2339 license; providing a process for expediting
2340 applications for servicemembers and veterans;
2341 requiring that notice of the suspension or revocation
2342 of a concealed weapon or firearm license or the
2343 suspension of the processing of an application for
2344 such license be given by personal delivery or first
2345 class mail; specifying deadlines for requests for a
2346 hearing for suspensions or revocations; specifying
2347 standards of proof for notice of suspensions or
2348 revocations; requiring concealed weapon or firearm
2349 license renewals to include an affidavit submitted
2350 under oath and under penalty of perjury, rather than a
2351 notarized affidavit, as of a specified date; amending
2352 s. 790.0625, F.S.; authorizing certain tax collector
2353 offices, upon approval and confirmation of license
2354 issuance by the department, to print and deliver
2355 concealed weapon or firearm licenses; amending ss.
2356 559.917, 559.9285, and 559.937, F.S.; conforming
2357 provisions; providing an appropriation; providing
2358 effective dates.