Florida Senate - 2016 SB 772
By Senator Richter
23-00064C-16 2016772__
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 472.007, F.S.; revising
4 the composition of the Board of Professional Surveyors
5 and Mappers; amending s. 472.015, F.S.; requiring the
6 Department of Agriculture and Consumer Services to
7 waive the initial land surveying and mapping license
8 fee for certain veterans, the spouses of such
9 veterans, or certain business entities that have a
10 majority ownership held by such veterans or spouses;
11 amending s. 493.6105, F.S.; waiving the initial
12 application fee for veterans for certain private
13 investigative, private security, and repossession
14 service licenses; revising certain fees for initial
15 license applications; revising the submission
16 requirements for a Class “K” license; amending s.
17 493.6106, F.S.; deleting a provision requiring that
18 certain applicants submit additional documentation
19 establishing state residency; amending s. 493.6107,
20 F.S.; waiving the initial license fees for veterans
21 for certain private investigative, private security,
22 and repossession service licenses; amending s.
23 493.6108, F.S.; requiring the Department of Law
24 Enforcement to retain fingerprints submitted for
25 private investigative, private security, and
26 repossession service licenses, to enter such
27 fingerprints into the statewide automated biometric
28 identification system and the Federal Bureau of
29 Investigation’s national retained print arrest
30 notification program, and to report any arrest record
31 information to the Department of Agriculture and
32 Consumer Services; requiring the department to provide
33 information about an arrest of a licensee for certain
34 crime within the state to the agency that employs the
35 licensee; amending s. 493.6113, F.S.; clarifying the
36 renewal requirements for Class “K” licenses; requiring
37 a person holding a private investigative, private
38 security, or repossession service license issued
39 before a certain date to submit, upon first renewal of
40 the license, a full set of fingerprints and a
41 fingerprint processing fee; amending ss. 493.6202,
42 493.6302, and 493.6402, F.S.; waiving initial license
43 fees for veterans for certain private investigative,
44 private security, and repossession service licenses;
45 amending s. 501.0125, F.S.; revising the definition of
46 the term “health studio”; defining the term “personal
47 trainer”; amending s. 501.015, F.S.; requiring the
48 department to waive the initial health studio
49 registration fee for certain veterans, the spouses of
50 such veterans, or certain business entities that have
51 a majority ownership held by such veterans or spouses;
52 amending s. 501.605, F.S.; prohibiting the use of a
53 mail drop as a street address for the principal
54 location of a commercial telephone seller; requiring
55 the department to waive the initial commercial
56 telephone seller license fee for certain veterans, the
57 spouses of such veterans, or certain business entities
58 that have a majority ownership held by such veterans
59 or spouses; amending s. 501.607, F.S.; requiring the
60 department to waive the initial telephone salesperson
61 license fees for certain veterans, the spouses of such
62 veterans, or certain business entities that have a
63 majority ownership held by such veterans or spouses;
64 amending s. 507.03, F.S.; requiring the department to
65 waive the initial registration fee for an intrastate
66 mover for certain veterans, the spouses of such
67 veterans, or certain business entities that have a
68 majority ownership held by such veterans or spouses;
69 amending s. 527.02, F.S.; requiring the department to
70 waive the original liquefied petroleum gas license fee
71 for certain veterans, the spouses of such veterans, or
72 certain business entities that have a majority
73 ownership held by such veterans or spouses; amending
74 s. 527.021, F.S.; deleting a provision requiring a fee
75 for registering transport vehicles; amending s.
76 531.37, F.S.; revising the definition of the term
77 “weights and measures”; amending s. 531.415, F.S.;
78 revising the fees for actual metrology laboratory
79 calibration and testing services; amending s. 531.60,
80 F.S.; clarifying the applicability of permits for
81 commercially operated or tested weights or measures
82 instruments or devices; requiring a new permit
83 application if a new owner acquires and moves an
84 instrument or a device; requiring a business to notify
85 the department of certain information under certain
86 circumstances; deleting a provision authorizing the
87 department to test weights and measures instruments or
88 devices under certain circumstances; amending s.
89 531.61, F.S.; clarifying provisions exempting certain
90 instruments or devices from specified requirements;
91 amending s. 531.62, F.S.; specifying that the
92 commercial use permit fee is based upon the number and
93 types of instruments or devices permitted; revising
94 the expiration date of the commercial use permit;
95 requiring annual and biennial commercial use permit
96 renewals to meet the same requirements; amending s.
97 531.63, F.S.; revising the commercial use permit fees
98 and fee structures; amending s. 531.65, F.S.;
99 clarifying that the department may use one or more of
100 the prescribed penalties for the unauthorized use of a
101 weights and measures instrument or device; amending s.
102 539.001, F.S.; requiring the department to waive the
103 initial pawnbroker license fee for certain veterans,
104 the spouses of such veterans, or certain business
105 entities that have a majority ownership held by such
106 veterans or spouses; amending s. 559.904, F.S.;
107 requiring the department to waive the initial motor
108 vehicle repair shop registration fee for certain
109 veterans, the spouses of such veterans, or certain
110 business entities that have a majority ownership held
111 by such veterans or spouses; amending s. 559.927,
112 F.S.; revising definitions; amending s. 559.928, F.S.;
113 revising the registration requirements for sellers of
114 travel; requiring the department to waive the initial
115 seller of travel registration fee for certain
116 veterans, the spouses of such veterans, or certain
117 business entities that have a majority ownership held
118 by such veterans or spouses; requiring each
119 advertisement, each certificate, or any other travel
120 document to include a specified phrase; deleting a
121 provision requiring an advertisement to include a
122 specified phrase; revising the circumstances under
123 which the department may deny or refuse to renew a
124 registration; authorizing the department to revoke the
125 registration of a seller of travel under certain
126 circumstances; amending s. 559.929, F.S.; revising
127 certain security requirements; amending s. 559.9295,
128 F.S.; revising the requirements that certain sellers
129 of travel submit and disclose to the department;
130 deleting provisions relating to the duties of the
131 department; amending s. 559.932, F.S.; requiring a
132 specified typeface point size for certain disclosures;
133 requiring the department to review copies of certain
134 certificates and contracts for compliance with
135 disclosure requirements; amending s. 559.933, F.S.;
136 making technical changes; amending s. 559.9335, F.S.;
137 revising violations relating to the sale of travel;
138 amending s. 559.935, F.S.; deleting a provision
139 requiring an affidavit of exemption to obtain a seller
140 of travel affiliate exemption; adding embezzlement as
141 a crime for which the department may revoke certain
142 exemptions; amending s. 559.936, F.S.; conforming
143 cross-references; amending s. 616.242, F.S.; exempting
144 water-related amusement rides operated by lodging and
145 food service establishments and membership
146 campgrounds, amusement rides at private, membership
147 only facilities, and nonprofit permanent facilities
148 from certain safety standards; authorizing owners or
149 managers of amusement rides to use alternative forms
150 to record ride inspections and employee training;
151 amending s. 790.06, F.S.; revising the requirements
152 for issuance of a concealed weapon or firearm license;
153 requiring directions for expedited processing requests
154 in the license application form; revising the initial
155 and renewal fees for a concealed weapon or firearm
156 license; providing a process for expediting
157 applications for servicemembers and veterans;
158 requiring that notice of the suspension or revocation
159 of a concealed weapon or firearm license or the
160 suspension of the processing of an application for
161 such license be given by personal delivery or first
162 class mail; specifying deadlines for requests for a
163 hearing for suspensions or revocations; specifying
164 standards of proof for notice of suspensions or
165 revocations; requiring concealed weapon or firearm
166 license renewals to include an affidavit submitted
167 under oath and under penalty of perjury, rather than a
168 notarized affidavit; amending s. 790.0625, F.S.;
169 authorizing certain tax collector offices, upon
170 approval and confirmation of license issuance by the
171 department, to print and deliver concealed weapon or
172 firearm licenses; amending ss. 559.9285 and 559.937,
173 F.S.; conforming terminology; providing effective
174 dates.
175
176 Be It Enacted by the Legislature of the State of Florida:
177
178 Section 1. Subsection (1) of section 472.007, Florida
179 Statutes, is amended to read:
180 472.007 Board of Professional Surveyors and Mappers.—There
181 is created in the Department of Agriculture and Consumer
182 Services the Board of Professional Surveyors and Mappers.
183 (1) The board shall consist of nine members, seven six of
184 whom shall be registered surveyors and mappers primarily engaged
185 in the practice of surveying and mapping, one of whom shall be a
186 registered surveyor and mapper with the designation of
187 photogrammetrist, and two of whom shall be laypersons who are
188 not and have never been surveyors and mappers or members of any
189 closely related profession or occupation.
190 Section 2. Subsection (3) of section 472.015, Florida
191 Statutes, is amended to read:
192 472.015 Licensure.—
193 (3)(a) Before the issuance of any license, the department
194 may charge an initial license fee as determined by rule of the
195 board. Upon receipt of the appropriate license fee, except as
196 provided in subsection (6), the department shall issue a license
197 to any person certified by the board, or its designee, as having
198 met the applicable requirements imposed by law or rule. However,
199 an applicant who is not otherwise qualified for licensure is not
200 entitled to licensure solely based on a passing score on a
201 required examination.
202 (b) The department shall waive the initial license fee for
203 an honorably discharged veteran of the United States Armed
204 Forces, the spouse of such a veteran, or a business entity that
205 has a majority ownership held by such a veteran or spouse if the
206 department receives an application, in a format prescribed by
207 the department, within 60 months after the date of the veteran’s
208 discharge from any branch of the United States Armed Forces. To
209 qualify for the waiver, a veteran must provide to the department
210 a copy of his or her DD Form 214, as issued by the United States
211 Department of Defense, or another acceptable form of
212 identification as specified by the Department of Veterans’
213 Affairs; the spouse of a veteran must provide to the department
214 a copy of the veteran’s DD Form 214, as issued by the United
215 States Department of Defense, or another acceptable form of
216 identification as specified by the Department of Veterans’
217 Affairs, and a copy of a valid marriage license or certificate
218 verifying that he or she was lawfully married to the veteran at
219 the time of discharge; or a business entity must provide to the
220 department proof that a veteran or the spouse of a veteran holds
221 a majority ownership in the business, a copy of the veteran’s DD
222 Form 214, as issued by the United States Department of Defense,
223 or another acceptable form of identification as specified by the
224 Department of Veterans’ Affairs, and, if applicable, a copy of a
225 valid marriage license or certificate verifying that the spouse
226 of the veteran was lawfully married to the veteran at the time
227 of discharge.
228 Section 3. Paragraph (c) is added to subsection (1) of
229 section 493.6105, Florida Statutes, and paragraph (j) of
230 subsection (3) and paragraph (a) of subsection (6) of that
231 section are amended, to read:
232 493.6105 Initial application for license.—
233 (1) Each individual, partner, or principal officer in a
234 corporation, shall file with the department a complete
235 application accompanied by an application fee not to exceed $60,
236 except that the applicant for a Class “D” or Class “G” license
237 is not required to submit an application fee. The application
238 fee is not refundable.
239 (c) The initial application fee for a veteran, as defined
240 in s. 1.01, if he or she applies for a Class “C,” Class “CC,”
241 Class “DI,” Class “E,” Class “EE,” Class “K,” Class “M,” Class
242 “MA,” Class “MB,” Class “MR,” or Class “RI” license within 24
243 months after being discharged from a branch of the United States
244 Armed Forces shall be waived. An eligible veteran must include a
245 copy of his or her DD Form 214, as issued by the United States
246 Department of Defense, or another acceptable form of
247 identification as specified by the Department of Veterans’
248 Affairs with his or her application in order to obtain a waiver.
249 (3) The application must contain the following information
250 concerning the individual signing the application:
251 (j) A full set of fingerprints, a fingerprint processing
252 fee, and a fingerprint retention fee. The fingerprint processing
253 and retention fees shall to be established by rule of the
254 department based upon costs determined by state and federal
255 agency charges and department processing costs, which must
256 include the cost of retaining the fingerprints in the statewide
257 automated biometric identification system established in s.
258 943.05(2)(b) and the cost of enrolling the fingerprints in the
259 national retained print arrest notification program as required
260 under s. 493.6108. An applicant who has, within the immediately
261 preceding 6 months, submitted such fingerprints and fees fee for
262 licensing purposes under this chapter and who still holds a
263 valid license is not required to submit another set of
264 fingerprints or another fingerprint processing fee. An applicant
265 who holds multiple licenses issued under this chapter is
266 required to pay only a single fingerprint retention fee.
267 (6) In addition to the requirements under subsection (3),
268 an applicant for a Class “K” license must:
269 (a) Submit one of the following:
270 1. The Florida Criminal Justice Standards and Training
271 Commission Instructor Certificate and written confirmation by
272 the commission that the applicant possesses an active firearms
273 certification.
274 2. The National Rifle Association Private Security Firearm
275 Instructor Certificate.
276 3. A firearms instructor certificate issued by a federal
277 law enforcement agency.
278 4. An International Association of Law Enforcement Firearms
279 Instructors certification.
280 5. A Second Amendment Foundation Training Division Firearms
281 Instructors certification.
282 Section 4. Paragraph (f) of subsection (1) of section
283 493.6106, Florida Statutes, is amended to read:
284 493.6106 License requirements; posting.—
285 (1) Each individual licensed by the department must:
286 (f) Be a citizen or permanent legal resident alien of the
287 United States or have appropriate authorization issued by the
288 United States Citizenship and Immigration Services of the United
289 States Department of Homeland Security.
290 1. An applicant for a Class “C,” Class “CC,” Class “D,”
291 Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
292 “MB,” Class “MR,” or Class “RI” license who is not a United
293 States citizen must submit proof of current employment
294 authorization issued by the United States Citizenship and
295 Immigration Services or proof that she or he is deemed a
296 permanent legal resident alien by the United States Citizenship
297 and Immigration Services.
298 2. An applicant for a Class “G” or Class “K” license who is
299 not a United States citizen must submit proof that she or he is
300 deemed a permanent legal resident alien by the United States
301 Citizenship and Immigration Services, together with additional
302 documentation establishing that she or he has resided in the
303 state of residence shown on the application for at least 90
304 consecutive days before the date that the application is
305 submitted.
306 3. An applicant for an agency or school license who is not
307 a United States citizen or permanent legal resident alien must
308 submit documentation issued by the United States Citizenship and
309 Immigration Services stating that she or he is lawfully in the
310 United States and is authorized to own and operate the type of
311 agency or school for which she or he is applying. An employment
312 authorization card issued by the United States Citizenship and
313 Immigration Services is not sufficient documentation.
314 Section 5. Subsection (6) is added to section 493.6107,
315 Florida Statutes, to read:
316 493.6107 Fees.—
317 (6) The initial license fee for a veteran, as defined in s.
318 1.01, shall be waived if he or she applies for a Class “M” or
319 Class “K” license within 24 months after being discharged from
320 any branch of the United States Armed Forces. An eligible
321 veteran must include a copy of his or her DD Form 214, as issued
322 by the United States Department of Defense, or another
323 acceptable form of identification as specified by the Department
324 of Veterans’ Affairs with his or her application in order to
325 obtain a waiver.
326 Section 6. Subsections (4) and (5) are added to section
327 493.6108, Florida Statutes, to read:
328 493.6108 Investigation of applicants by Department of
329 Agriculture and Consumer Services.—
330 (4) The Department of Law Enforcement shall:
331 (a) Retain and enter into the statewide automated biometric
332 identification system established in s. 943.05(2)(b) all
333 fingerprints submitted to the Department of Agriculture and
334 Consumer Services pursuant to this chapter.
335 (b) When the Department of Law Enforcement begins
336 participation in the Federal Bureau of Investigation’s national
337 retained print arrest notification program, enroll such
338 fingerprints in the program. The fingerprints must thereafter be
339 available for arrest notifications and all purposes and uses
340 authorized for arrest fingerprint submissions entered into the
341 statewide automated biometric identification system established
342 in s. 943.05(2)(b).
343 (c) Search all arrest fingerprints against fingerprints
344 retained.
345 (d) Report to the Department of Agriculture and Consumer
346 Services any arrest record that it identifies or that is
347 identified by the Federal Bureau of Investigation.
348 (5) If the department receives information about an arrest
349 within the state of a person who holds a valid license issued
350 under this chapter for a crime that could potentially disqualify
351 the person from holding such a license, the department must
352 provide the arrest information to the agency that employs the
353 licensee.
354 Section 7. Subsections (1) and (3) of section 493.6113,
355 Florida Statutes, are amended to read:
356 493.6113 Renewal application for licensure.—
357 (1) A license granted under the provisions of this chapter
358 shall be renewed biennially by the department, except for Class
359 “A,” Class “B,” Class “AB,” Class “K,” Class “R,” and branch
360 agency licenses, which shall be renewed every 3 years.
361 (3) Each licensee is responsible for renewing his or her
362 license on or before its expiration by filing with the
363 department an application for renewal accompanied by payment of
364 the renewal fee and the fingerprint retention fee to cover the
365 cost of ongoing retention in the statewide automated biometric
366 identification system established in s. 943.05(2)(b) prescribed
367 license fee. A person holding a valid license issued under this
368 chapter before January 1, 2017, must submit, upon first renewal
369 of the license, a full set of fingerprints and a fingerprint
370 processing fee to cover the cost of entering the fingerprints
371 into the statewide automated biometric identification system
372 under s. 493.6108(4)(a). Subsequent renewals may be completed
373 without submission of a set of fingerprints.
374 (a) Each Class “B” licensee shall additionally submit on a
375 form prescribed by the department a certification of insurance
376 that evidences that the licensee maintains coverage as required
377 under s. 493.6110.
378 (b) Each Class “G” licensee shall additionally submit proof
379 that he or she has received during each year of the license
380 period a minimum of 4 hours of firearms recertification training
381 taught by a Class “K” licensee and has complied with such other
382 health and training requirements that the department shall adopt
383 by rule. Proof of completion of firearms recertification
384 training shall be submitted to the department upon completion of
385 the training. If the licensee fails to complete the required 4
386 hours of annual training during the first year of the 2-year
387 term of the license, the license shall be automatically
388 suspended. The licensee must complete the minimum number of
389 hours of range and classroom training required at the time of
390 initial licensure and submit proof of completion of such
391 training to the department before the license may be reinstated.
392 If the licensee fails to complete the required 4 hours of annual
393 training during the second year of the 2-year term of the
394 license, the licensee must complete the minimum number of hours
395 of range and classroom training required at the time of initial
396 licensure and submit proof of completion of such training to the
397 department before the license may be renewed. The department may
398 waive the firearms training requirement if:
399 1. The applicant provides proof that he or she is currently
400 certified as a law enforcement officer or correctional officer
401 under the Criminal Justice Standards and Training Commission and
402 has completed law enforcement firearms requalification training
403 annually during the previous 2 years of the licensure period;
404 2. The applicant provides proof that he or she is currently
405 certified as a federal law enforcement officer and has received
406 law enforcement firearms training administered by a federal law
407 enforcement agency annually during the previous 2 years of the
408 licensure period; or
409 3. The applicant submits a valid firearm certificate among
410 those specified in s. 493.6105(6)(a) and provides proof of
411 having completed requalification training during the previous 2
412 years of the licensure period.
413 (c) Each Class “DS” or Class “RS” licensee shall
414 additionally submit the current curriculum, examination, and
415 list of instructors.
416 (d) Each Class “K” licensee shall additionally submit one
417 of the certificates specified under s. 493.6105(6) as proof that
418 he or she remains certified to provide firearms instruction.
419 Section 8. Subsection (4) is added to section 493.6202,
420 Florida Statutes, to read:
421 493.6202 Fees.—
422 (4) The initial license fee for a veteran, as defined in s.
423 1.01, shall be waived if he or she applies for a Class “C,”
424 Class “CC,” or Class “MA” license within 24 months after being
425 discharged from any branch of the United States Armed Forces. An
426 eligible veteran must include a copy of his or her DD Form 214,
427 as issued by the United States Department of Defense, or another
428 acceptable form of identification as specified by the Department
429 of Veterans’ Affairs with his or her application in order to
430 obtain a waiver.
431 Section 9. Subsection (4) is added to section 493.6302,
432 Florida Statutes, to read:
433 493.6302 Fees.—
434 (4) The initial license fee for a veteran, as defined in s.
435 1.01, shall be waived if he or she applies for a Class “D,”
436 Class “DI,” or Class “MB” license within 24 months after being
437 discharged from any branch of the United States Armed Forces. An
438 eligible veteran must include a copy of his or her DD Form 214,
439 as issued by the United States Department of Defense, or another
440 acceptable form of identification as specified by the Department
441 of Veterans’ Affairs with his or her application in order to
442 obtain a waiver.
443 Section 10. Subsection (4) is added to section 493.6402,
444 Florida Statutes, to read:
445 493.6402 Fees.—
446 (4) The initial license fee for a veteran, as defined in s.
447 1.01, shall be waived if he or she applies for a Class “E,”
448 Class “EE,” Class “MR,” or Class “RI” license within 24 months
449 after being discharged from any branch of the United States
450 Armed Forces. An eligible veteran must include a copy of his or
451 her DD Form 214, as issued by the United States Department of
452 Defense, or another acceptable form of identification as
453 specified by the Department of Veterans’ Affairs with his or her
454 application in order to obtain a waiver.
455 Section 11. Subsection (1) of section 501.0125, Florida
456 Statutes, is amended, and subsection (6) is added to that
457 section, to read:
458 501.0125 Health studios; definitions.—For purposes of ss.
459 501.012-501.019, the following terms shall have the following
460 meanings:
461 (1) “Health studio” means any person who is engaged in the
462 sale of services for instruction, training, or assistance in a
463 program of physical exercise or in the sale of services for the
464 right or privilege to use equipment or facilities in furtherance
465 of a program of physical exercise. The term does not include an
466 individual acting as a personal trainer.
467 (6) “Personal trainer” means an individual:
468 (a) Who does not have an established place of business for
469 the primary purpose of the conducting of physical exercise;
470 (b) Whose provision of exercise equipment is incidental to
471 the instruction provided; and
472 (c) Who does not accept payment for services that are to be
473 rendered more than 30 days after the date of payment.
474 Section 12. Subsection (2) of section 501.015, Florida
475 Statutes, is amended to read:
476 501.015 Health studios; registration requirements and
477 fees.—Each health studio shall:
478 (2) Remit an annual registration fee of $300 to the
479 department at the time of registration for each of the health
480 studio’s business locations. The department shall waive the
481 initial license fee for an honorably discharged veteran of the
482 United States Armed Forces, the spouse of such a veteran, or a
483 business entity that has a majority ownership held by such a
484 veteran or spouse if the department receives an application, in
485 a format prescribed by the department, within 60 months after
486 the date of the veteran’s discharge from any branch of the
487 United States Armed Forces. To qualify for the waiver, a veteran
488 must provide to the department a copy of his or her DD Form 214,
489 as issued by the United States Department of Defense, or another
490 acceptable form of identification as specified by the Department
491 of Veterans’ Affairs; the spouse of a veteran must provide to
492 the department a copy of the veteran’s DD Form 214, as issued by
493 the United States Department of Defense, or another acceptable
494 form of identification as specified by the Department of
495 Veterans’ Affairs, and a copy of a valid marriage license or
496 certificate verifying that he or she was lawfully married to the
497 veteran at the time of discharge; or a business entity must
498 provide to the department proof that a veteran or the spouse of
499 a veteran holds a majority ownership in the business, a copy of
500 the veteran’s DD Form 214, as issued by the United States
501 Department of Defense, or another acceptable form of
502 identification as specified by the Department of Veterans’
503 Affairs, and, if applicable, a copy of a valid marriage license
504 or certificate verifying that the spouse of the veteran was
505 lawfully married to the veteran at the time of discharge.
506 Section 13. Paragraph (j) of subsection (2) and paragraph
507 (b) of subsection (5) of section 501.605, Florida Statutes, are
508 amended to read:
509 501.605 Licensure of commercial telephone sellers.—
510 (2) An applicant for a license as a commercial telephone
511 seller must submit to the department, in such form as it
512 prescribes, a written application for the license. The
513 application must set forth the following information:
514 (j) The complete street address of each location,
515 designating the principal location, from which the applicant
516 will be doing business. The street address may not be If any
517 location is a mail drop, this shall be disclosed as such.
518
519 The application shall be accompanied by a copy of any: Script,
520 outline, or presentation the applicant will require or suggest a
521 salesperson to use when soliciting, or, if no such document is
522 used, a statement to that effect; sales information or
523 literature to be provided by the applicant to a salesperson; and
524 sales information or literature to be provided by the applicant
525 to a purchaser in connection with any solicitation.
526 (5) An application filed pursuant to this part must be
527 verified and accompanied by:
528 (b) A fee for licensing in the amount of $1,500. The fee
529 shall be deposited into the General Inspection Trust Fund. The
530 department shall waive the initial license fee for an honorably
531 discharged veteran of the United States Armed Forces, the spouse
532 of such a veteran, or a business entity that has a majority
533 ownership held by such a veteran or spouse if the department
534 receives an application, in a format prescribed by the
535 department, within 60 months after the date of the veteran’s
536 discharge from any branch of the United States Armed Forces. To
537 qualify for the waiver, a veteran must provide to the department
538 a copy of his or her DD Form 214, as issued by the United States
539 Department of Defense, or another acceptable form of
540 identification as specified by the Department of Veterans’
541 Affairs; the spouse of a veteran must provide to the department
542 a copy of the veteran’s DD Form 214, as issued by the United
543 States Department of Defense, or another acceptable form of
544 identification as specified by the Department of Veterans’
545 Affairs, and a copy of a valid marriage license or certificate
546 verifying that he or she was lawfully married to the veteran at
547 the time of discharge; or a business entity must provide to the
548 department proof that a veteran or the spouse of a veteran holds
549 a majority ownership in the business, a copy of the veteran’s DD
550 Form 214, as issued by the United States Department of Defense,
551 or another acceptable form of identification as specified by the
552 Department of Veterans’ Affairs, and, if applicable, a copy of a
553 valid marriage license or certificate verifying that the spouse
554 of the veteran was lawfully married to the veteran at the time
555 of discharge.
556 Section 14. Paragraph (b) of subsection (2) of section
557 501.607, Florida Statutes, is amended to read:
558 501.607 Licensure of salespersons.—
559 (2) An application filed pursuant to this section must be
560 verified and be accompanied by:
561 (b) A fee for licensing in the amount of $50 per
562 salesperson. The fee shall be deposited into the General
563 Inspection Trust Fund. The fee for licensing may be paid after
564 the application is filed, but must be paid within 14 days after
565 the applicant begins work as a salesperson. The department shall
566 waive the initial license fee for an honorably discharged
567 veteran of the United States Armed Forces, the spouse of such a
568 veteran, or a business entity that has a majority ownership held
569 by such a veteran or spouse if the department receives an
570 application, in a format prescribed by the department, within 60
571 months after the date of the veteran’s discharge from any branch
572 of the United States Armed Forces. To qualify for the waiver, a
573 veteran must provide to the department a copy of his or her DD
574 Form 214, as issued by the United States Department of Defense,
575 or another acceptable form of identification as specified by the
576 Department of Veterans’ Affairs; the spouse of a veteran must
577 provide to the department a copy of the veteran’s DD Form 214,
578 as issued by the United States Department of Defense, or another
579 acceptable form of identification as specified by the Department
580 of Veterans’ Affairs, and a copy of a valid marriage license or
581 certificate verifying that he or she was lawfully married to the
582 veteran at the time of discharge; or a business entity must
583 provide to the department proof that a veteran or the spouse of
584 a veteran holds a majority ownership in the business, a copy of
585 the veteran’s DD Form 214, as issued by the United States
586 Department of Defense, or another acceptable form of
587 identification as specified by the Department of Veterans’
588 Affairs, and, if applicable, a copy of a valid marriage license
589 or certificate verifying that the spouse of the veteran was
590 lawfully married to the veteran at the time of discharge.
591 Section 15. Subsection (3) of section 507.03, Florida
592 Statutes, is amended to read:
593 507.03 Registration.—
594 (3)(a) Registration fees shall be calculated at the rate of
595 $300 per year per mover or moving broker. All amounts collected
596 shall be deposited by the Chief Financial Officer to the credit
597 of the General Inspection Trust Fund of the department for the
598 sole purpose of administration of this chapter.
599 (b) The department shall waive the initial license fee for
600 an honorably discharged veteran of the United States Armed
601 Forces, the spouse of such a veteran, or a business entity that
602 has a majority ownership held by such a veteran or spouse if the
603 department receives an application, in a format prescribed by
604 the department, within 60 months after the date of the veteran’s
605 discharge from any branch of the United States Armed Forces. To
606 qualify for the waiver, a veteran must provide to the department
607 a copy of his or her DD Form 214, as issued by the United States
608 Department of Defense, or another acceptable form of
609 identification as specified by the Department of Veterans’
610 Affairs; the spouse of a veteran must provide to the department
611 a copy of the veteran’s DD Form 214, as issued by the United
612 States Department of Defense, or another acceptable form of
613 identification as specified by the Department of Veterans’
614 Affairs, and a copy of a valid marriage license or certificate
615 verifying that he or she was lawfully married to the veteran at
616 the time of discharge; or a business entity must provide to the
617 department proof that a veteran or the spouse of a veteran holds
618 a majority ownership in the business, a copy of the veteran’s DD
619 Form 214, as issued by the United States Department of Defense,
620 or another acceptable form of identification as specified by the
621 Department of Veterans’ Affairs, and, if applicable, a copy of a
622 valid marriage license or certificate verifying that the spouse
623 of the veteran was lawfully married to the veteran at the time
624 of discharge.
625 Section 16. Subsection (3) of section 527.02, Florida
626 Statutes, is amended to read:
627 527.02 License; penalty; fees.—
628 (3)(a) An Any applicant for an original license who submits
629 an whose application is submitted during the last 6 months of
630 the license year may have the original license fee reduced by
631 one-half for the 6-month period. This provision applies shall
632 apply only to those companies applying for an original license
633 and may shall not be applied to licensees who held a license
634 during the previous license year and failed to renew the
635 license. The department may refuse to issue an initial license
636 to an any applicant who is under investigation in any
637 jurisdiction for an action that would constitute a violation of
638 this chapter until such time as the investigation is complete.
639 (b) The department shall waive the initial license fee for
640 an honorably discharged veteran of the United States Armed
641 Forces, the spouse of such a veteran, or a business entity that
642 has a majority ownership held by such a veteran or spouse if the
643 department receives an application, in a format prescribed by
644 the department, within 60 months after the date of the veteran’s
645 discharge from any branch of the United States Armed Forces. To
646 qualify for the waiver, a veteran must provide to the department
647 a copy of his or her DD Form 214, as issued by the United States
648 Department of Defense or another acceptable form of
649 identification as specified by the Department of Veterans’
650 Affairs; the spouse of a veteran must provide to the department
651 a copy of the veteran’s DD Form 214, as issued by the United
652 States Department of Defense, or another acceptable form of
653 identification as specified by the Department of Veterans’
654 Affairs, and a copy of a valid marriage license or certificate
655 verifying that he or she was lawfully married to the veteran at
656 the time of discharge; or a business entity must provide to the
657 department proof that a veteran or the spouse of a veteran holds
658 a majority ownership in the business, a copy of the veteran’s DD
659 Form 214, as issued by the United States Department of Defense,
660 or another acceptable form of identification as specified by the
661 Department of Veterans’ Affairs, and, if applicable, a copy of a
662 valid marriage license or certificate verifying that the spouse
663 of the veteran was lawfully married to the veteran at the time
664 of discharge.
665 Section 17. Subsection (4) of section 527.021, Florida
666 Statutes, is amended to read:
667 527.021 Registration of transport vehicles.—
668 (4) An inspection fee of $50 shall be assessed for each
669 registered vehicle inspected by the department pursuant to s.
670 527.061. All inspection fees collected in connection with this
671 section shall be deposited in the General Inspection Trust Fund
672 for the purpose of administering the provisions of this chapter.
673 Section 18. Subsection (1) of section 531.37, Florida
674 Statutes, is amended to read:
675 531.37 Definitions.—As used in this chapter:
676 (1) “Weights and measures” means all weights and measures
677 of every kind, instruments, and devices for weighing and
678 measuring, and any appliance and accessories associated with any
679 or all such instruments and devices, excluding those weights and
680 measures used for the purpose of inspecting the accuracy of
681 devices used in conjunction with aviation fuel.
682 Section 19. Subsections (1) and (2) of section 531.415,
683 Florida Statutes, are amended to read:
684 531.415 Fees.—
685 (1) The department shall charge and collect fees of not
686 more than the following fees for actual metrology laboratory
687 calibration and testing services rendered:
688 (a) For each mass standard that is tested or certified to
689 meet tolerances less stringent than American National Standards
690 Institute/American Society for Testing and Materials (ANSI/ASTM)
691 Standard E617 Class 4, the department shall charge a fee of not
692 more than:
693 Weight Fee/Unit
694 0 - 2 lb. $6
695 3 - 10 lb. $8
696 11 - 50 lb. $12
697 51 - 500 lb. $20
698 501 - 1000 lb. $30
699 1001 - 2500 lb. $40
700 2501 - 5000 lb. $50
701 (b) For each mass standard that is tested or certified to
702 meet ANSI/ASTM Standard Class 4 or National Institute of
703 Standards and Technology Class P tolerances, the department
704 shall charge a fee of not more than:
705 Weight Fee/Unit
706 0 - 10 lb. $20
707 11 - 50 lb. $30
708 51 - 500 lb. $40
709 501 - 1000 lb. $50
710 1001 - 2500 lb. $60
711 2501 - 5000 lb. $75
712 (c) For each mass standard that is calibrated to determine
713 actual mass or apparent mass values, the department shall charge
714 a fee of not more than:
715 Weight Fee/Unit
716 0 - 20 lb. $40
717 21 - 50 lb. $50
718 51 - 1000 lb. $70
719 1001 - 2500 lb. $150
720 2501 - 5000 lb. $250
721 (d) For each volumetric flask, graduate, or test measure,
722 the department shall charge a fee of not more than:
723 Vessel Fee/Test Point
724 0 - 5 gal. $35
725 Over 5 gal. Plus $0.75 for each additional gallon
726 (e) For each linear measure that is tested or certified,
727 the department shall charge a fee of not more than $75.
728 (e)(f) For each linear measure test that is calibrated to
729 determine actual values, the department shall charge a fee of
730 $75 not more than $100.
731 (g) For each liquid-in-glass or electronic thermometer that
732 is tested or certified, the department shall charge a fee of not
733 more than $50.
734 (f)(h) For each temperature measuring device, liquid-in
735 glass or electronic thermometer that is calibrated to determine
736 actual values, the department shall charge a fee of $50 not more
737 than $100.
738 (g)(i) For each special test or special preparation, the
739 department shall charge a fee of not more than $50 per hour.
740 (2) Each fee is payable to the department at the time the
741 testing is done, regardless of whether the item tested is
742 certified. The department may refuse to accept for testing any
743 item deemed by the department to be unsuitable for its intended
744 use or not to be in a condition ready for testing. The
745 department shall deposit all fees collected under this section
746 into the General Inspection Trust Fund.
747 Section 20. Section 531.60, Florida Statutes, is amended to
748 read:
749 531.60 Permit for commercially operated or tested weights
750 or measures instrument or devices.—
751 (1) A weights and measures instrument or device may not
752 operate or be used for commercial purposes, as defined by
753 department rule, within this state without first being permitted
754 through a valid commercial use permit issued by the department
755 to the person who owns the weights and measures device, unless
756 exempted as provided in s. 531.61. Such permit applies only to
757 the specific location and instrument types or device types
758 listed on for which the permit was issued. However, the
759 department may allow such permit to be applicable to a
760 replacement for the original instrument or device.
761 (2) If ownership of a business an instrument or device for
762 which a permit has been issued changes and the instruments or
763 devices affected by the permit instrument or device:
764 (a) Remain Remains in the same location, the permit
765 transfers to the new owner and remains in effect until its
766 original expiration date. Within 30 days after the change in
767 ownership, the new owner shall notify the department of the
768 change and provide the pertinent information regarding the
769 change in ownership and an updated replacement permit shall be
770 issued if needed.
771 (b) Move Moves to a new location, the permit automatically
772 expires and a new permit must be applied for by the new owner of
773 the instruments or devices issued which will expire 1 year
774 following the date of issuance.
775 (3) A person who holds a permit that has been issued under
776 this section must notify the department within 30 days after a
777 change in permit status or if a permit will not be renewed due
778 to the termination in use or removal of all weighing and
779 measuring instruments or devices from the permitted location
780 Weights and measures instruments or devices that are not used
781 commercially may be tested by the department under this chapter
782 only if they are permitted and appropriate fees paid as
783 prescribed by this section and adopted rules.
784 Section 21. Section 531.61, Florida Statutes, is amended to
785 read:
786 531.61 Exemptions from permit requirement.—Commercial
787 weights or measures instruments or devices are exempt from the
788 permit requirements of ss. 531.60-531.66 if:
789 (1) The device is a taximeter that is licensed, permitted,
790 or registered by a municipality, county, or other local
791 government and is tested for accuracy and compliance with state
792 standards by the local government in cooperation with the state
793 as authorized in s. 531.421.
794 (2) The device is used exclusively for weighing railroad
795 cars and is tested for accuracy and compliance with state
796 standards by a private testing agency.
797 (3) The device is used exclusively for measuring aviation
798 fuel or petroleum products inspected under chapter 525.
799 Section 22. Subsections (1), (2), and (4) of section
800 531.62, Florida Statutes, are amended to read:
801 531.62 Permit application and renewal.—
802 (1) An application for a weights and measures commercial
803 use permit shall be submitted to the department on a form
804 prescribed and furnished by the department and must contain such
805 information as the department may require by rule.
806 (2) The application must be accompanied by a fee in an
807 amount determined by the number and types of instruments or
808 devices covered by the permit as provided by department rule.
809 However, the fee for each instrument or device listed on the
810 permit may not exceed the maximum limits set forth in s. 531.63.
811 (4) A permit expires 2 years 1 year following its date of
812 issue and must be renewed biennially annually. If a complete an
813 application package for renewal is not received by the
814 department before the permit expires within 30 days after its
815 due date, a late fee of up to $100 must be paid in addition to
816 the annual commercial use permit fee. However, a person may
817 elect to renew a commercial use permit on an annual basis rather
818 than a biennial basis. An annual renewal must meet the same
819 requirements and conditions as a biennial renewal.
820 Section 23. Paragraph (a) of subsection (1) and subsection
821 (2) of section 531.63, Florida Statutes, are amended to read:
822 531.63 Maximum permit fees.—The commercial use permit fees
823 established for weights or measures instruments or devices shall
824 be in an amount necessary to administer this chapter but may not
825 exceed the amounts provided in this section.
826 (1) For weighing devices, the fees must be based on the
827 manufacturer’s rated capacity or the device’s design and use and
828 whether measuring by inch or pounds or the metric equivalent:
829 (a) For weighing devices of up to and including the 100
830 pound capacity which are used during any portion of the period
831 covered by the permit, the maximum annual fees per category of
832 device retail establishment may not exceed the following:
833 Number of devices
834 in a single category retail
835 establishment Maximum Fee
836 1 to 5 $60
837 6 to 10 $150
838 11 to 30 $200
839 More than 30 $300
840 (2) For other measuring devices, the annual permit fees per
841 device may not exceed the following:
842 (a) Mass flow meters having a maximum flow rate of up to
843 150 pounds per minute......................................$100.
844 This includes all mass flow meters used to dispense compressed
845 and liquefied natural gas for retail sale.
846 (b) Mass flow meters having a maximum flow rate greater
847 than 150 pounds per minute.................................$500.
848 (c) Volumetric flow meters having a maximum flow rate of up
849 to 20 gallons per minute....................................$50.
850 This includes all devices used to dispense diesel exhaust fluid
851 for retail sale.
852 (d) Volumetric flow meters having a maximum flow rate
853 greater than 20 gallons per minute.........................$100.
854 (e) Tanks, under 500 gallons capacity, used as measure
855 containers, with or without gage rods or markers...........$100.
856 (f) Tanks, 500 or more gallons capacity, used as measure
857 containers, with or without gage rods or markers...........$200.
858 (g) Taximeters.......................................$50.
859 (h) Grain moisture meters............................$25.
860 (h)(i) Multiple-dimension measuring
861 devices....................................................$100.
862 (i) Liquefied petroleum gas bulk delivery vehicles with a
863 meter owned or leased by a liquefied petroleum gas licensee$150.
864 Section 24. Section 531.65, Florida Statutes, is amended to
865 read:
866 531.65 Unauthorized use; penalties.—If a weights or
867 measures instrument or device is used commercially without a
868 valid commercial use permit, the department may do one or more
869 of the following:
870 (1) Prohibit the further commercial use of the unpermitted
871 instrument or device until the proper permit has been issued.;
872 (2) Employ and attach to the instrument or device such
873 form, notice, tag, or seal to prevent the continued unauthorized
874 use of the instrument or device.;
875 (3) In addition to the permit fees prescribed by rule for
876 the commercial use of a weights and measures instrument or
877 device, assess the late fee authorized under s. 531.62.; or
878 (4) Impose penalties as prescribed in s. 531.50 in addition
879 to the payment of appropriate permit fees for the commercial use
880 of a weights and measures instrument or device.
881 Section 25. Paragraph (c) of subsection (3) of section
882 539.001, Florida Statutes, is amended to read:
883 539.001 The Florida Pawnbroking Act.—
884 (3) LICENSE REQUIRED.—
885 (c) Each license is valid for a period of 1 year unless it
886 is earlier relinquished, suspended, or revoked. Each license
887 shall be renewed annually, and each licensee shall, initially
888 and annually thereafter, pay to the agency a license fee of $300
889 for each license held. The agency shall waive the initial
890 license fee for an honorably discharged veteran of the United
891 States Armed Forces, the spouse of such a veteran, or a business
892 entity that has a majority ownership held by such a veteran or
893 spouse if the agency receives an application, in a format
894 prescribed by the agency, within 60 months after the date of the
895 veteran’s discharge from any branch of the United States Armed
896 Forces. To qualify for the waiver, a veteran must provide to the
897 agency a copy of his or her DD Form 214, as issued by the United
898 States Department of Defense, or another acceptable form of
899 identification as specified by the Department of Veterans’
900 Affairs; the spouse of a veteran must provide to the agency a
901 copy of the veteran’s DD Form 214, as issued by the United
902 States Department of Defense, or another acceptable form of
903 identification as specified by the Department of Veterans’
904 Affairs, and a copy of a valid marriage license or certificate
905 verifying that he or she was lawfully married to the veteran at
906 the time of discharge; or a business entity must provide to the
907 agency proof that a veteran or the spouse of a veteran holds a
908 majority ownership in the business, a copy of the veteran’s DD
909 Form 214, as issued by the United States Department of Defense,
910 or another acceptable form of identification as specified by the
911 Department of Veterans’ Affairs, and, if applicable, a copy of a
912 valid marriage license or certificate verifying that the spouse
913 of the veteran was lawfully married to the veteran at the time
914 of discharge.
915 Section 26. Subsection (3) of section 559.904, Florida
916 Statutes, is amended to read:
917 559.904 Motor vehicle repair shop registration;
918 application; exemption.—
919 (3)(a) Each application for registration must be
920 accompanied by a registration fee calculated on a per-year basis
921 as follows:
922 1.(a) If the place of business has 1 to 5 employees: $50.
923 2.(b) If the place of business has 6 to 10 employees: $150.
924 3.(c) If the place of business has 11 or more employees:
925 $300.
926 (b) The department shall waive the initial registration fee
927 for an honorably discharged veteran of the United States Armed
928 Forces, the spouse of such a veteran, or a business entity that
929 has a majority ownership held by such a veteran or spouse if the
930 department receives an application, in a format prescribed by
931 the department, within 60 months after the date of the veteran’s
932 discharge from any branch of the United States Armed Forces. To
933 qualify for the waiver, a veteran must provide to the department
934 a copy of his or her DD Form 214, as issued by the United States
935 Department of Defense, or another acceptable form of
936 identification as specified by the Department of Veterans’
937 Affairs; the spouse of a veteran must provide to the department
938 a copy of the veteran’s DD Form 214, as issued by the United
939 States Department of Defense, or another acceptable form of
940 identification as specified by the Department of Veterans’
941 Affairs, and a copy of a valid marriage license or certificate
942 verifying that he or she was lawfully married to the veteran at
943 the time of discharge; or a business entity must provide to the
944 department proof that a veteran or the spouse of a veteran holds
945 a majority ownership in the business, a copy of the veteran’s DD
946 Form 214, as issued by the United States Department of Defense
947 or another acceptable form of identification as specified by the
948 Department of Veterans’ Affairs, and, if applicable, a copy of a
949 valid marriage license or certificate verifying that the spouse
950 of the veteran was lawfully married to the veteran at the time
951 of discharge.
952 Section 27. Subsections (1), (7), (8), (10), (11), and (13)
953 of section 559.927, Florida Statutes, are amended to read:
954 559.927 Definitions.—For the purposes of this part, the
955 term:
956 (1) “Accommodations” means any hotel or motel room,
957 condominium or cooperative unit, cabin, lodge, or apartment; any
958 other commercial structure designed for occupancy by one or more
959 individuals; or any lodging establishment as provided by law.
960 The term does not include long-term home rentals covered under a
961 lease pursuant to chapter 83.
962 (7) “Prearranged travel or, tourist-related services, or
963 tour-guide services” includes, but is not limited to, car
964 rentals, lodging, transfers, and sightseeing tours and all other
965 such services that which are reasonably related to air, sea,
966 rail, motor coach, or other medium of transportation, or
967 accommodations for which a purchaser receives a premium or
968 contracts or pays before prior to or after departure. This term
969 These terms also includes include services for which a
970 purchaser, whose legal residence is outside the United States,
971 contracts or pays before prior to departure, and any arrangement
972 by which a purchaser prepays for, receives a reservation or any
973 other commitment to provide services before prior to departure
974 for, or otherwise arranges for travel directly to a terrorist
975 state and which originates in Florida.
976 (8) “Purchaser” means the purchaser of, or person otherwise
977 entitled to receive, prearranged travel or, tourist-related
978 services, or tour-guide services, for a fee or commission, or
979 who has acquired a vacation certificate for personal use.
980 (10) “Satisfactory consumer complaint history” means no
981 unresolved complaints regarding prearranged travel or, tourist
982 related services, or tour-guide services are on file with the
983 department. A complaint is unresolved when a seller of travel
984 does not respond to the department’s efforts to mediate the
985 complaint or a complaint where the department has determined
986 that a violation of this part has occurred and the complainant
987 complaint has not been satisfied by the seller of travel.
988 (11) “Seller of travel” means any resident or nonresident
989 person, firm, corporation, or business entity who offers for
990 sale, directly or indirectly, at wholesale or retail,
991 prearranged travel or, tourist-related services, or tour-guide
992 services for individuals or groups, including, but not limited
993 to, vacation or tour packages, or vacation certificates in
994 exchange for a fee, commission, or other valuable consideration.
995 The term includes any business entity offering membership in a
996 travel club or travel services for an advance fee or payment,
997 even if no travel contracts or certificates or vacation or tour
998 packages are sold by the business entity.
999 (13) “Vacation certificate” means any advance travel
1000 purchase arrangement, plan, program, or vacation package that
1001 promotes, discusses, or discloses a destination or itinerary or
1002 type of travel, whereby a purchaser for consideration paid in
1003 advance is entitled to the use of travel, accommodations, or
1004 facilities for any number of days, whether certain or uncertain,
1005 during the period in which the certificate can be exercised, and
1006 no specific date or dates for its use are designated. A vacation
1007 certificate does not include prearranged travel or, tourist
1008 related services, or tour-guide services when a seller of travel
1009 remits full payment for the cost of such services to the
1010 provider or supplier within 10 business days of the purchaser’s
1011 initial payment to the seller of travel. The term does not
1012 include travel if exact travel dates are selected, guaranteed,
1013 and paid for at the time of the purchase.
1014 Section 28. Section 559.928, Florida Statutes, is amended
1015 to read:
1016 559.928 Registration.—
1017 (1) Each seller of travel shall annually register with the
1018 department, providing: its legal business or trade name, mailing
1019 address, and business locations; the full names, addresses, and
1020 telephone numbers of its owners or corporate officers and
1021 directors and the Florida agent of the corporation; a statement
1022 whether it is a domestic or foreign corporation, its state and
1023 date of incorporation, its charter number, and, if a foreign
1024 corporation, the date it registered with this state, and
1025 business tax receipt where applicable; the date on which a
1026 seller of travel registered its fictitious name if the seller of
1027 travel is operating under a fictitious or trade name; the name
1028 of all other corporations, business entities, and trade names
1029 through which each owner of the seller of travel operated, was
1030 known, or did business as a seller of travel within the
1031 preceding 5 years; a list of all authorized independent agents,
1032 including the agent’s trade name, full name, mailing address,
1033 business address, and telephone numbers; the business location
1034 and address of each branch office and full name and address of
1035 the manager or supervisor; the certification required under s.
1036 559.9285; and proof of purchase of adequate bond as required in
1037 this part. A certificate evidencing proof of registration shall
1038 be issued by the department and must be prominently displayed in
1039 the seller of travel’s primary place of business.
1040 (2)(a) Registration fees shall be as follows:
1041 1. Three hundred dollars per year per registrant certifying
1042 its business activities under s. 559.9285(1)(a).
1043 2. One thousand dollars per year per registrant certifying
1044 its business activities under s. 559.9285(1)(b).
1045 3. Twenty-five hundred dollars per year per registrant
1046 certifying its business activities under s. 559.9285(1)(c).
1047 (b) All amounts collected shall be deposited by the Chief
1048 Financial Officer to the credit of the General Inspection Trust
1049 Fund of the Department of Agriculture and Consumer Services
1050 pursuant to s. 570.20, for the sole purpose of administration of
1051 this part.
1052 (c) The department shall waive the initial registration fee
1053 for an honorably discharged veteran of the United States Armed
1054 Forces, the spouse of such a veteran, or a business entity that
1055 has a majority ownership held by such a veteran or spouse if the
1056 department receives an application, in a format prescribed by
1057 the department, within 60 months after the date of the veteran’s
1058 discharge from any branch of the United States Armed Forces. To
1059 qualify for the waiver, a veteran must provide to the department
1060 a copy of his or her DD Form 214, as issued by the United States
1061 Department of Defense, or another acceptable form of
1062 identification as specified by the Department of Veterans’
1063 Affairs; the spouse of a veteran must provide to the department
1064 a copy of the veteran’s DD Form 214, as issued by the United
1065 States Department of Defense, or another acceptable form of
1066 identification as specified by the Department of Veterans’
1067 Affairs, and a copy of a valid marriage license or certificate
1068 verifying that he or she was lawfully married to the veteran at
1069 the time of discharge; or a business entity must provide to the
1070 department proof that a veteran or the spouse of a veteran holds
1071 a majority ownership in the business, a copy of the veteran’s DD
1072 Form 214, as issued by the United States Department of Defense,
1073 or another acceptable form of identification as specified by the
1074 Department of Veterans’ Affairs, and, if applicable, a copy of a
1075 valid marriage license or certificate verifying that the spouse
1076 of the veteran was lawfully married to the veteran at the time
1077 of discharge.
1078 (3) Each independent agent shall annually file an affidavit
1079 with the department before prior to engaging in business in this
1080 state. This affidavit must include the independent agent’s full
1081 name, legal business or trade name, mailing address, business
1082 address, telephone number, and the name and address of each
1083 seller of travel represented by the independent agent. A letter
1084 evidencing proof of filing must be issued by the department and
1085 must be prominently displayed in the independent agent’s primary
1086 place of business. Each independent agent must also submit an
1087 annual registration fee of $50. All moneys collected pursuant to
1088 the imposition of the fee shall be deposited by the Chief
1089 Financial Officer into the General Inspection Trust Fund of the
1090 Department of Agriculture and Consumer Services for the sole
1091 purpose of administrating this part. As used in this subsection,
1092 the term “independent agent” means a person who represents a
1093 seller of travel by soliciting persons on its behalf; who has a
1094 written contract with a seller of travel which is operating in
1095 compliance with this part and any rules adopted thereunder; who
1096 does not receive a fee, commission, or other valuable
1097 consideration directly from the purchaser for the seller of
1098 travel; who does not at any time have any unissued ticket stock
1099 or travel documents in his or her possession; and who does not
1100 have the ability to issue tickets, vacation certificates, or any
1101 other travel document. The term “independent agent” does not
1102 include an affiliate of the seller of travel, as that term is
1103 used in s. 559.935(3), or the employees of the seller of travel
1104 or of such affiliates.
1105 (4) Any person applying for or renewing a local business
1106 tax receipt to engage in business as a seller of travel must
1107 exhibit a current registration certificate from the department
1108 before the local business tax receipt may be issued or reissued.
1109 (5) Each contract, advertisement, or certificate, or any
1110 other travel document, of a seller of travel must include the
1111 phrase “...(NAME OF FIRM)... is registered with the State of
1112 Florida as a Seller of Travel. Registration No......”
1113 (6) Each advertisement of a seller of travel must include
1114 the phrase “Fla. Seller of Travel Reg. No......”
1115 (6)(7) A No registration is not shall be valid for any
1116 seller of travel transacting business at any place other than
1117 that designated in its application, unless the department is
1118 first notified in writing in advance of any change of location.
1119 A Nor shall the registration is not be valid for an affiliate of
1120 the seller of travel who engages in the prearranged travel and
1121 tourist business. A registration issued under this part may
1122 shall not be assignable, and the seller of travel may shall not
1123 be permitted to conduct business under more than one name except
1124 as registered. A seller of travel desiring to change its
1125 registered name or location or designated agent for service of
1126 process at a time other than upon renewal of registration shall
1127 notify the department of such change.
1128 (7)(8) Applications under this section are shall be subject
1129 to the provisions of s. 120.60.
1130 (8)(9) The department may deny, or refuse to renew, or
1131 revoke the registration of any seller of travel based upon a
1132 determination that the seller of travel, or any of its
1133 directors, officers, owners, or general partners:
1134 (a) Has failed to meet the requirements for registration as
1135 provided in this part;
1136 (b) Has been convicted of a crime involving fraud, theft,
1137 embezzlement, dishonest dealing, or any other act of moral
1138 turpitude or any other act arising out of conduct as a seller of
1139 travel;
1140 (c) Has not satisfied a civil fine or penalty arising out
1141 of any administrative or enforcement action brought by any
1142 governmental agency or private person based upon conduct
1143 involving fraud, theft, embezzlement, dishonest dealing, or any
1144 violation of this part;
1145 (d) Has pending against her or him any criminal,
1146 administrative, or enforcement proceedings in any jurisdiction,
1147 based upon conduct involving fraud, theft, embezzlement,
1148 dishonest dealing, or any other act of moral turpitude or any
1149 other act arising out of conduct as a seller of travel; or
1150 (e) Has had a judgment entered against her or him in any
1151 action brought by the department or the Department of Legal
1152 Affairs pursuant to ss. 501.201-501.213 or this act part.
1153 Section 29. Subsections (2) and (6) of section 559.929,
1154 Florida Statutes, are amended to read:
1155 559.929 Security requirements.—
1156 (2) The bond must be filed with the department on a form
1157 adopted by department rule and must be in favor of the
1158 department for the use and benefit of a traveler who is injured
1159 by the fraud, misrepresentation, breach of contract, or
1160 financial failure, or any other violation of this part by the
1161 seller of travel. Such liability may be enforced by proceeding
1162 in an administrative action as specified in subsection (3) or by
1163 filing a civil action. However, in such civil action the bond
1164 posted with the department may shall not be amenable or subject
1165 to a judgment or other legal process issuing out of or from such
1166 court in connection with such civil action, but such bond shall
1167 be amenable to and enforceable only by and through
1168 administrative proceedings before the department. It is the
1169 intent of the Legislature that such bond be applicable and
1170 liable only for the payment of claims duly adjudicated by order
1171 of the department. The bond must be open to successive claims,
1172 but the aggregate amount awarded may not exceed the amount of
1173 the bond. In addition to the foregoing, a bond provided by a
1174 registrant or applicant for registration which certifies its
1175 business activities under s. 559.9285(1)(b) or (c) must be in
1176 favor of the department, with payment in the following order of
1177 priority:
1178 (a) The expenses for prosecuting the registrant or
1179 applicant in an administrative or civil action under this part,
1180 including attorney fees and fees for other professionals, court
1181 costs or other costs of the proceedings, and all other expenses
1182 incidental to the action.
1183 (b) The costs and expenses of investigation before the
1184 commencement of an administrative or civil action under this
1185 part.
1186 (c) An unpaid administrative fine imposed by final order or
1187 an unpaid civil penalty imposed by final judgment under this
1188 part.
1189 (d) Damages or compensation for a traveler injured as
1190 provided in this subsection.
1191 (6) The department may waive the bond requirement on an
1192 annual basis if the seller of travel has had 5 or more
1193 consecutive years of experience as a seller of travel in this
1194 state in compliance with this part, has not had a civil,
1195 criminal, or administrative action instituted against the seller
1196 of travel in the vacation and travel business by a governmental
1197 agency or an action involving fraud, theft, misappropriation of
1198 property, violation of a statute pertaining to business or
1199 commerce with a terrorist state, or moral turpitude, or other
1200 violation of this part and has a satisfactory consumer complaint
1201 history with the department, and certifies its business
1202 activities under s. 559.9285. Such waiver may be revoked if the
1203 seller of travel violates this part. A seller of travel which
1204 certifies its business activities under s. 559.9285(1)(b) or (c)
1205 is not entitled to the waiver provided in this subsection.
1206 Section 30. Subsections (10), (14), and (17) of section
1207 559.9295, Florida Statutes, are amended to read:
1208 559.9295 Submission of vacation certificate documents.
1209 Sellers of travel who offer vacation certificates must submit
1210 and disclose to the department with the application for
1211 registration, and any time such document is changed, but prior
1212 to the sale of any vacation certificate, the following
1213 materials:
1214 (10) A statement of the number of certificates to be issued
1215 and the date of their expiration.
1216 (13)(14) A listing of the full name, address, and telephone
1217 number of each person through which the distribution and sale of
1218 vacation certificates is to be carried out, including the number
1219 of vacation certificates allocated or sold to each such person
1220 and the name and address of a Florida registered agent for
1221 service of process.
1222 (17) Within 10 working days after receipt of any materials
1223 submitted subsequent to filing an initial registration
1224 application or any annual renewal thereof, the department shall
1225 determine whether such materials are adequate to meet the
1226 requirements of this section. The department shall notify the
1227 seller of travel that materials submitted are in substantial
1228 compliance, or shall notify the seller of travel of any specific
1229 deficiencies. If the department fails to notify the seller of
1230 travel of its determination within the period specified in this
1231 subsection, the materials shall be deemed in compliance;
1232 however, the failure of the department to send notification in
1233 either case will not relieve the seller of travel from the duty
1234 of complying with this section. Neither the submission of these
1235 materials nor the department’s response implies approval,
1236 recommendation, or endorsement by the department or that the
1237 contents of said materials have been verified by the department.
1238 Section 31. Section 559.932, Florida Statutes, is amended
1239 to read:
1240 559.932 Vacation certificate disclosure.—
1241 (1) A It shall be unlawful for any seller of travel must to
1242 fail to provide each person solicited with a contract that
1243 includes which shall include the following in a 10-point font,
1244 unless otherwise specified:
1245 (a) A space for the date, name, address, and signature of
1246 the purchaser.
1247 (b) The expiration date of the vacation certificate and the
1248 terms and conditions of its extension or renewal, if available.
1249 (c) The name and business address of any seller of travel
1250 who may solicit vacation certificate purchasers for further
1251 purchases, and a full and complete statement as to the nature
1252 and method of that solicitation.
1253 (d) The total financial obligation of the purchaser which
1254 shall include the initial purchase price and any additional
1255 charges to which the purchaser may be subject, including, but
1256 not limited to, any per diem, seasonal, reservation, or
1257 recreational charge.
1258 (e) The name and street address of any person who has the
1259 right to alter, amend, or add to the charges to which the
1260 purchaser may be subject and the terms and conditions under
1261 which such charges may be imposed.
1262 (f) If any accommodation or facility which a purchaser
1263 acquires the right to use pursuant to the vacation certificate
1264 is not completed at the time the certificate is offered for
1265 sale, the date of availability of each component of the
1266 accommodation or facility.
1267 (g) By means of a section entitled “terms and conditions”:
1268 1. All eligibility requirements for use of the vacation
1269 certificate, including, but not limited to, age, sex, marital
1270 status, group association, residency, or geographic limitations.
1271 2. All eligibility requirements for use of any discount or
1272 complimentary coupon or ticket.
1273 3. A statement as to whether transportation and meals are
1274 provided pursuant to use of the certificate.
1275 4. Any room deposit requirement, including all conditions
1276 for its return or refund.
1277 5. The manner in which reservation requests are to be made
1278 and the method by which they are to be confirmed.
1279 6. Any identification, credential, or other means by which
1280 a purchaser must establish her or his entitlement to the rights,
1281 benefits, or privileges of the vacation certificate.
1282 7. Any restriction or limitation upon transfer of the
1283 vacation certificate or any right, benefit, or privilege
1284 thereunder.
1285 8. Any other term, limitation, condition, or requirement
1286 material to use of the vacation certificate or any right,
1287 benefit, or privilege thereunder.
1288 (h) In immediate proximity to the space reserved in the
1289 contract for the date and the name, address, and signature of
1290 the purchaser, the following statement in boldfaced type of a
1291 size of 10 points:
1292
1293 “YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR
1294 OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT
1295 OF THE VACATION CERTIFICATE, WHICHEVER OCCURS LATER.”
1296 “YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMMODATIONS OR
1297 FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS
1298 PROVIDED IN THE CONTRACT.”
1299 “IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN
1300 WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATE
1301 AND SENDING NOTICE TO: ...(NAME OF SELLER)... AT ...(SELLER’S
1302 ADDRESS)....”
1303
1304 (i) In immediate proximity to the statement required in
1305 paragraph (h), the following statement in boldfaced type of a
1306 size of 12 10 points:
1307
1308 “NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN
1309 THOSE INCLUDED IN THIS CONTRACT.”
1310
1311 However, inclusion of this statement shall not impair any
1312 purchaser’s right to bring legal action based on verbal
1313 statements.
1314 (j) In immediate proximity to the statement required in
1315 paragraph (i), the following statement:
1316 “This contract is for the purchase of a vacation
1317 certificate and puts all assignees on notice of the consumer’s
1318 right to cancel under section 559.933, Florida Statutes.”
1319 (2) If a sale or agreement to purchase a vacation
1320 certificate is completed over the telephone, the seller shall
1321 inform the purchaser over the telephone that:
1322 (a) The purchaser may cancel the contract without any
1323 penalty or obligation within 30 days from the date of purchase
1324 or receipt of the vacation certificate, whichever occurs later.
1325 (b) The purchaser may also cancel the contract if
1326 accommodations or facilities are not available upon request for
1327 use as provided in the contract.
1328 (3) Upon receipt of a copy of a vacation certificate or
1329 contract required pursuant to s. 559.9295, the department must
1330 review the certificate or contract for compliance with the
1331 disclosures required under this section.
1332 Section 32. Section 559.933, Florida Statutes, is amended
1333 to read:
1334 559.933 Vacation certificate cancellation and refund
1335 provisions.—
1336 (1) A It shall be unlawful for any seller of travel or
1337 assignee must honor a purchaser’s request to cancel a vacation
1338 certificate if such request is made:
1339 (1) To fail or refuse to honor a purchaser’s vacation
1340 certificate request to cancel if such request is made:
1341 (a) Within 30 days after from the date of purchase or
1342 receipt of the vacation certificate, whichever occurs later; or
1343 (b) At any time accommodations or facilities are not
1344 available pursuant to a request for use as provided in the
1345 contract, provided that:
1346 1. The contract may shall not require notice greater than
1347 60 days in advance of the date requested for use;
1348 2. If acceptable to the purchaser, comparable alternate
1349 accommodations or facilities in a city, or reservations for a
1350 date different than that requested, may be provided.
1351 (2) A seller of travel or assignee must To fail to refund
1352 any and all payments made by the vacation certificate purchaser
1353 within 30 days after receipt of the certificate and notice of
1354 cancellation made pursuant to this section, if the purchaser has
1355 not received any benefits pursuant to the vacation certificate.
1356 (3) A seller of travel or assignee must, if the purchaser
1357 has received any benefits pursuant to the vacation certificate,
1358 to fail to refund within 30 days after receipt of the
1359 certificate and notice of cancellation made pursuant to this
1360 section any and all payments made by the purchaser which exceed
1361 a pro rata portion of the total price, representing the portion
1362 of any benefits actually received by the vacation certificate
1363 purchaser during the time preceding cancellation.
1364 (4) If Where any purchaser has received confirmation of
1365 reservations in advance and is refused accommodations upon
1366 arrival, a seller of travel or assignee must to fail to procure
1367 comparable alternate accommodations for the purchaser in the
1368 same city at no expense to the purchaser, or to fail to fully
1369 compensate the purchaser for the room rate incurred in securing
1370 comparable alternate accommodations himself or herself.
1371 (5) A seller of travel or assignee may not To collect more
1372 than the full contract price from the purchaser.
1373 (6) A seller of travel or assignee may not To sell, assign,
1374 or otherwise transfer any interest in a seller of travel
1375 business, or to sell, assign, or otherwise transfer to a third
1376 party any interest in any vacation certificate unless:
1377 (a) The third party agrees in writing to fully honor the
1378 rights of vacation certificate purchasers to cancel and to
1379 receive an appropriate refund or reimbursement as provided in
1380 this section.
1381 (b) The third party agrees in writing to comply with all
1382 other provisions of this part for as long as the third party
1383 continues the sale of vacation certificates or for the duration
1384 of the period of validity of outstanding vacation certificates,
1385 whichever is longer in time.
1386 (c) The seller of travel agrees to be liable for and fully
1387 indemnify a purchaser from any loss occasioned by the failure of
1388 the third party to honor the purchaser’s right to cancel and
1389 failure to make prompt and complete refund to the purchaser of
1390 all sums paid to the third party, or occasioned by the third
1391 party’s failure to comply with the provisions of this part.
1392 (7) A seller of travel or assignee must To fail to fulfill
1393 the terms of a vacation certificate within 18 months after of
1394 the initial payment of any consideration by the purchaser to a
1395 seller of travel or third party.
1396 Section 33. Section 559.9335, Florida Statutes, is amended
1397 to read:
1398 559.9335 Violations.—It is a violation of this part for any
1399 seller of travel, independent agent, or other person:
1400 (1) To conduct business as a seller of travel without
1401 registering annually with the department unless exempt pursuant
1402 to s. 559.935.
1403 (2) To conduct business as a seller of travel without an
1404 annual purchase of a performance bond in the amount set by the
1405 department unless exempt pursuant to s. 559.935.
1406 (3) Knowingly to make any false statement, representation,
1407 or certification in any application, document, or record
1408 required to be submitted or retained under this part or in any
1409 response to an inquiry or investigation conducted by the
1410 department or any other governmental agency.
1411 (4) Knowingly to sell or market any number of vacation
1412 certificates that exceed the accommodations available at the
1413 time of sale the number disclosed to the department pursuant to
1414 this section.
1415 (5) Knowingly to sell or market vacation certificates with
1416 an expiration date of more than 18 months from the date of
1417 issuance.
1418 (6) Knowingly to require, request, encourage, or suggest,
1419 directly or indirectly, that payment for the right to obtain a
1420 travel contract, certificate, or vacation package must be by
1421 credit card authorization or to otherwise announce a preference
1422 for that method of payment over any other when no correct and
1423 true explanation for such preference is likewise stated.
1424 (6)(7) Knowingly to state, represent, indicate, suggest, or
1425 imply, directly or indirectly, that the travel contract,
1426 certificate, or vacation package being offered by the seller of
1427 travel cannot be purchased at some later time or may not
1428 otherwise be available after the initial contact, or that
1429 callbacks by the prospective purchaser are not accepted, when no
1430 such restrictions or limitations in fact exist.
1431 (7)(8) To misrepresent in any manner the purchaser’s right
1432 to cancel and to receive an appropriate refund or reimbursement
1433 as provided by this part.
1434 (8)(9) To sell any vacation certificate the duration of
1435 which exceeds the duration of any agreement between the seller
1436 and any business entity obligated thereby to provide
1437 accommodations or facilities pursuant to the vacation
1438 certificate.
1439 (9)(10) To misrepresent or deceptively represent:
1440 (a) The amount of time or period of time accommodations or
1441 facilities will be available.
1442 (b) The location of accommodations or facilities offered.
1443 (c) The price, size, nature, extent, qualities, or
1444 characteristics of accommodations or facilities offered.
1445 (d) The nature or extent of other goods, services, or
1446 amenities offered.
1447 (e) A purchaser’s rights, privileges, or benefits.
1448 (f) The conditions under which the purchaser may obtain a
1449 reservation for the use of offered accommodations or facilities.
1450 (g) That the recipient of an advertisement or promotional
1451 materials is a winner, or has been selected, or is otherwise
1452 being involved in a select group for receipt, of a gift, award,
1453 or prize, unless this fact is the truth.
1454 (10)(11) To fail to inform a purchaser of a nonrefundable
1455 cancellation policy before prior to the seller of travel
1456 accepting any fee, commission, or other valuable consideration.
1457 (12) To fail to include, when offering to sell a vacation
1458 certificate, in any advertisement or promotional material, the
1459 following statement: “This is an offer to sell travel.”
1460 (11)(13) To fail to honor and comply with all provisions of
1461 the vacation certificate regarding the purchaser’s rights,
1462 benefits, and privileges thereunder.
1463 (12)(14)(a) To include in any vacation certificate or
1464 contract any provision purporting to waive or limit any right or
1465 benefit provided to purchasers under this part; or
1466 (b) To seek or solicit such waiver or acceptance of
1467 limitation from a purchaser concerning rights or benefits
1468 provided under this part.
1469 (13)(15) To offer vacation certificates for any
1470 accommodation or facility for which there is no contract with
1471 the owner of the accommodation or facility securing the
1472 purchaser’s right to occupancy and use, unless the seller is the
1473 owner.
1474 (16) To use a local mailing address, registration facility,
1475 drop box, or answering service in the promotion, advertising,
1476 solicitation, or sale of vacation certificates, unless the
1477 seller’s fixed business address is clearly disclosed during any
1478 telephone solicitation and is prominently and conspicuously
1479 disclosed on all solicitation materials and on the contract.
1480 (14)(17) To use any registered trademark, trade name, or
1481 trade logo in any promotional, advertising, or solicitation
1482 materials without written authorization from the holder of such
1483 trademark, trade name, or trade logo.
1484 (15)(18) To represent, directly or by implication, any
1485 affiliation with, or endorsement by, any governmental,
1486 charitable, educational, medical, religious, fraternal, or civic
1487 organization or body, or any individual, in the promotion,
1488 advertisement, solicitation, or sale of vacation certificates
1489 without express written authorization.
1490 (16)(19) To sell a vacation certificate to any purchaser
1491 who is ineligible for its use.
1492 (20) To sell any number of vacation certificates exceeding
1493 the number disclosed pursuant to this part.
1494 (17)(21) During the period of a vacation certificate’s
1495 validity, in the event, for any reason whatsoever, of lapse or
1496 breach of an agreement for the provision of accommodations or
1497 facilities to purchasers, to fail to procure similar agreement
1498 for the provision of comparable alternate accommodations or
1499 facilities in the same city or surrounding area.
1500 (18)(22) To offer to sell, at wholesale or retail,
1501 prearranged travel or, tourist-related services, or tour-guide
1502 services for individuals or groups directly to any terrorist
1503 state and which originate in Florida, without disclosing such
1504 business activities in a certification filed under s.
1505 559.9285(1)(b) or (c).
1506 (19)(23) To violate any state or federal law restricting or
1507 prohibiting commerce with terrorist states.
1508 (20)(24) To engage in do any other fraudulent action that
1509 act which constitutes fraud, misrepresentation, or failure to
1510 disclose a material fact, or to commit any other violation of,
1511 or fail to comply with, this part.
1512 (21)(25) To refuse or fail, or for any of its principal
1513 officers to refuse or fail, after notice, to produce any
1514 document or record or disclose any information required to be
1515 produced or disclosed.
1516 (22)(26) Knowingly to make a material false statement in
1517 response to any request or investigation by the department, the
1518 Department of Legal Affairs, or the state attorney.
1519 Section 34. Subsections (3) and (4) of section 559.935,
1520 Florida Statutes, are amended to read:
1521 559.935 Exemptions.—
1522 (3) Sections 559.928, 559.929, 559.9295, 559.931, and
1523 559.932 shall also do not apply to a seller of travel that is an
1524 affiliate of an entity exempt pursuant to subsection (2) subject
1525 to the following conditions:
1526 (a) If In the event the department finds the affiliate does
1527 not have a satisfactory consumer complaint history or the
1528 affiliate fails to respond to a consumer complaint within 30
1529 days, the related seller of travel exempt pursuant to subsection
1530 (2) is shall be liable for the actions of the affiliate, subject
1531 to the remedies provided in ss. 559.9355 and 559.936.
1532 (b) If In the event the department is unable to locate an
1533 affiliate, the related seller of travel exempt pursuant to
1534 subsection (2) is shall be fully liable for the actions of the
1535 affiliate, subject to the remedies provided in ss. 559.9355 and
1536 559.936.
1537 (c) In order to obtain an exemption under this subsection,
1538 the affiliate shall file an affidavit of exemption on a form
1539 prescribed by the department and shall certify its business
1540 activities under s. 559.9285(1)(a). The affidavit of exemption
1541 shall be executed by a person who exercises identical control
1542 over the seller of travel exempt pursuant to subsection (2) and
1543 the affiliate. Failure to file an affidavit of exemption or
1544 certification under s. 559.9285(1)(a) prior to engaging in
1545 seller of travel activities shall subject the affiliate to the
1546 remedies provided in ss. 559.9355 and 559.936.
1547 (c)(d) Revocation by the department of an exemption
1548 provided to a seller of travel under subsection (2) shall
1549 constitute automatic revocation by law of an exemption obtained
1550 by an affiliate under the subsection.
1551 (d)(e) This subsection does shall not apply to:
1552 1. An affiliate that independently qualifies for another
1553 exemption under this section.
1554 2. An affiliate that sells, or offers for sale, vacation
1555 certificates.
1556 3. An affiliate that certifies its business activities
1557 under s. 559.9285(1)(b) or (c).
1558 (e)(f) For purposes of this section, the term an
1559 “affiliate” means an entity that meets the following:
1560 1. The entity has the identical ownership as the seller of
1561 travel that is exempt under subsection (2).
1562 2. The ownership controlling the seller of travel that is
1563 exempt under subsection (2) also exercises identical control
1564 over the entity.
1565 3. The owners of the affiliate hold the identical
1566 percentage of voting shares as they hold in the seller of travel
1567 that is exempt under subsection (2).
1568 (4) The department may revoke the exemption provided in
1569 subsection (2) or subsection (3) if the department finds that
1570 the seller of travel does not have a satisfactory consumer
1571 complaint history, has been convicted of a crime involving
1572 fraud, theft, embezzlement, misappropriation of property,
1573 deceptive or unfair trade practices, or moral turpitude, or has
1574 not complied with the terms of any order or settlement agreement
1575 arising out of an administrative or enforcement action brought
1576 by a governmental agency or private person based on conduct
1577 involving fraud, theft, embezzlement, misappropriation of
1578 property, deceptive or unfair trade practices, or moral
1579 turpitude.
1580 Section 35. Subsection (3) of section 559.936, Florida
1581 Statutes, is amended to read:
1582 559.936 Civil penalties; remedies.—
1583 (3) The department may seek a civil penalty in the Class
1584 III category pursuant to s. 570.971 for each act or omission in
1585 violation of s. 559.9335(18) or (19) s. 559.9335(22) or (23).
1586 Section 36. Paragraph (b) of subsection (5), paragraph (a)
1587 of subsection (10), and subsections (15) and (16) of section
1588 616.242, Florida Statutes, are amended to read:
1589 616.242 Safety standards for amusement rides.—
1590 (5) ANNUAL PERMIT.—
1591 (b) To apply for an annual permit, an owner must submit to
1592 the department a written application on a form prescribed by
1593 rule of the department, which must include the following:
1594 1. The legal name, address, and primary place of business
1595 of the owner.
1596 2. A description, manufacturer’s name, serial number, model
1597 number and, if previously assigned, the United States Amusement
1598 Identification Number of the amusement ride.
1599 3. A valid certificate of insurance or bond for each
1600 amusement ride.
1601 4. An affidavit of compliance that the amusement ride was
1602 inspected in person by the affiant and that the amusement ride
1603 is in general conformance with the requirements of this section
1604 and all applicable rules adopted by the department. The
1605 affidavit must be executed by a professional engineer or a
1606 qualified inspector no earlier than 60 days before, but not
1607 later than, the date of the filing of the application with the
1608 department. The owner shall request inspection and permitting of
1609 the amusement ride within 60 days of the date of filing the
1610 application with the department. The department shall inspect
1611 and permit the amusement ride within 60 days after filing the
1612 application with the department.
1613 5. If required by subsection (6), an affidavit of
1614 nondestructive testing dated and executed no earlier than 60
1615 days before prior to, but not later than, the date of the filing
1616 of the application with the department. The owner shall request
1617 inspection and permitting of the amusement ride within 60 days
1618 of the date of filing the application with the department. The
1619 department shall inspect and permit the amusement ride within 60
1620 days after filing the application with the department.
1621 6. A request for inspection.
1622 7. Upon request, the owner shall, at no cost to the
1623 department, provide the department a copy of the manufacturer’s
1624 current recommended operating instructions in the possession of
1625 the owner, the owner’s operating fact sheet, and any written
1626 bulletins in the possession of the owner concerning the safety,
1627 operation, or maintenance of the amusement ride.
1628 (10) EXEMPTIONS.—
1629 (a) This section does not apply to:
1630 1. Permanent facilities that employ at least 1,000 full
1631 time employees and that maintain full-time, in-house safety
1632 inspectors. Furthermore, the permanent facilities must file an
1633 affidavit of the annual inspection with the department, on a
1634 form prescribed by rule of the department. Additionally, the
1635 Department of Agriculture and Consumer Services may consult
1636 annually with the permanent facilities regarding industry safety
1637 programs.
1638 2. Any playground operated by a school, local government,
1639 or business licensed under chapter 509, if the playground is an
1640 incidental amenity and the operating entity is not primarily
1641 engaged in providing amusement, pleasure, thrills, or
1642 excitement.
1643 3. Museums or other institutions principally devoted to the
1644 exhibition of products of agriculture, industry, education,
1645 science, religion, or the arts.
1646 4. Conventions or trade shows for the sale or exhibit of
1647 amusement rides if there are a minimum of 15 amusement rides on
1648 display or exhibition, and if any operation of such amusement
1649 rides is limited to the registered attendees of the convention
1650 or trade show.
1651 5. Skating rinks, arcades, laser lazer or paint ball war
1652 games, bowling alleys, miniature golf courses, mechanical bulls,
1653 inflatable rides, trampolines, ball crawls, exercise equipment,
1654 jet skis, paddle boats, airboats, helicopters, airplanes,
1655 parasails, hot air or helium balloons whether tethered or
1656 untethered, theatres, batting cages, stationary spring-mounted
1657 fixtures, rider-propelled merry-go-rounds, games, side shows,
1658 live animal rides, or live animal shows.
1659 6. Go-karts operated in competitive sporting events if
1660 participation is not open to the public.
1661 7. Nonmotorized playground equipment that is not required
1662 to have a manager.
1663 8. Coin-actuated amusement rides designed to be operated by
1664 depositing coins, tokens, credit cards, debit cards, bills, or
1665 other cash money and which are not required to have a manager,
1666 and which have a capacity of six persons or less.
1667 9. Facilities described in s. 549.09(1)(a) when such
1668 facilities are operating cars, trucks, or motorcycles only.
1669 10. Battery-powered cars or other vehicles that are
1670 designed to be operated by children 7 years of age or under and
1671 that cannot exceed a speed of 4 miles per hour.
1672 11. Mechanically driven vehicles that pull train cars,
1673 carts, wagons, or other similar vehicles, that are not confined
1674 to a metal track or confined to an area but are steered by an
1675 operator and do not exceed a speed of 4 miles per hour.
1676 12. A water-related amusement ride operated by a business
1677 licensed under chapter 509 if the water-related amusement ride
1678 is an incidental amenity and the operating business is not
1679 primarily engaged in providing amusement, pleasure, thrills, or
1680 excitement and does not offer day rates.
1681 13. An amusement ride at a private, membership-only
1682 facility if the amusement ride is an incidental amenity and the
1683 facility is not open to the general public; is not primarily
1684 engaged in providing amusement, pleasure, thrills, or
1685 excitement; and does not offer day rates.
1686 14. A nonprofit permanent facility registered under chapter
1687 496 which is not open to the general public.
1688 (15) INSPECTION BY OWNER OR MANAGER.—Before Prior to
1689 opening on each day of operation and before prior to any
1690 inspection by the department, the owner or manager of an
1691 amusement ride must inspect and test the amusement ride to
1692 ensure compliance with all requirements of this section. Each
1693 inspection must be recorded on a form prescribed by rule of the
1694 department and signed by the person who conducted the
1695 inspection. In lieu of the form prescribed by rule of the
1696 department, the owner or manager may request approval of an
1697 alternative form if the alternative form includes, at a minimum,
1698 the information required on the form prescribed by rule of the
1699 department. Inspection records of the last 14 daily inspections
1700 must be kept on site by the owner or manager and made
1701 immediately available to the department upon request.
1702 (16) TRAINING OF EMPLOYEES.—The owner or manager of an any
1703 amusement ride shall maintain a record of employee training for
1704 each employee authorized to operate, assemble, disassemble,
1705 transport, or conduct maintenance on an amusement ride, on a
1706 form prescribed by rule of the department. In lieu of the form
1707 prescribed by rule of the department, the owner or manager may
1708 request approval of an alternative form if the alternative form
1709 includes, at a minimum, the information required on the form
1710 prescribed by rule of the department. The training record must
1711 be kept on site by the owner or manager and made immediately
1712 available to the department upon request. Training may not be
1713 conducted when an amusement ride is open to the public unless
1714 the training is conducted under the supervision of an employee
1715 who is trained in the operation of that ride. The owner or
1716 manager shall certify that each employee is trained, as required
1717 by this section and any rules adopted thereunder, on the
1718 amusement ride for which the employee is responsible.
1719 Section 37. Subsections (2), (4), and (5) of section
1720 790.06, Florida Statutes, are amended, paragraph (f) is added to
1721 subsection (6) of that section, and subsection (10) of that
1722 section is amended, to read:
1723 790.06 License to carry concealed weapon or firearm.—
1724 (2) The Department of Agriculture and Consumer Services
1725 shall issue a license if the applicant:
1726 (a) Is a resident of the United States and a citizen of the
1727 United States or a permanent resident alien of the United
1728 States, as determined by the United States Bureau of Citizenship
1729 and Immigration Services, or is a consular security official of
1730 a foreign government that maintains diplomatic relations and
1731 treaties of commerce, friendship, and navigation with the United
1732 States and is certified as such by the foreign government and by
1733 the appropriate embassy in this country;
1734 (b) Is 21 years of age or older;
1735 (c) Does not suffer from a physical infirmity which
1736 prevents the safe handling of a weapon or firearm;
1737 (d) Is not ineligible to possess a firearm pursuant to s.
1738 790.23 by virtue of having been convicted of a felony;
1739 (e) Has not been committed for the abuse of a controlled
1740 substance or been found guilty of a crime under the provisions
1741 of chapter 893 or similar laws of any other state relating to
1742 controlled substances within a 3-year period immediately
1743 preceding the date on which the application is submitted;
1744 (f) Does not chronically and habitually use alcoholic
1745 beverages or other substances to the extent that his or her
1746 normal faculties are impaired. It shall be presumed that an
1747 applicant chronically and habitually uses alcoholic beverages or
1748 other substances to the extent that his or her normal faculties
1749 are impaired if the applicant has been committed under chapter
1750 397 or under the provisions of former chapter 396 or has been
1751 convicted under s. 790.151 or has been deemed a habitual
1752 offender under s. 856.011(3), or has had two or more convictions
1753 under s. 316.193 or similar laws of any other state, within the
1754 3-year period immediately preceding the date on which the
1755 application is submitted;
1756 (g) Desires a legal means to carry a concealed weapon or
1757 firearm for lawful self-defense;
1758 (h) Demonstrates competence with a firearm by any one of
1759 the following:
1760 1. Completion of any hunter education or hunter safety
1761 course approved by the Fish and Wildlife Conservation Commission
1762 or a similar agency of another state;
1763 2. Completion of any National Rifle Association firearms
1764 safety or training course;
1765 3. Completion of any firearms safety or training course or
1766 class available to the general public offered by a law
1767 enforcement agency, junior college, college, or private or
1768 public institution or organization or firearms training school,
1769 using utilizing instructors certified by the National Rifle
1770 Association, Criminal Justice Standards and Training Commission,
1771 or the Department of Agriculture and Consumer Services;
1772 4. Completion of any law enforcement firearms safety or
1773 training course or class offered for security guards,
1774 investigators, special deputies, or any division or subdivision
1775 of a law enforcement agency or security enforcement;
1776 5. Presents evidence of equivalent experience with a
1777 firearm through participation in organized shooting competition
1778 or military service;
1779 6. Is licensed or has been licensed to carry a firearm in
1780 this state or a county or municipality of this state, unless
1781 such license has been revoked for cause; or
1782 7. Completion of any firearms training or safety course or
1783 class conducted by a state-certified or National Rifle
1784 Association certified firearms instructor;
1785
1786 A photocopy of a certificate of completion of any of the courses
1787 or classes; or an affidavit from the instructor, school, club,
1788 organization, or group that conducted or taught such said course
1789 or class attesting to the completion of the course or class by
1790 the applicant; or a copy of any document that which shows
1791 completion of the course or class or evidences participation in
1792 firearms competition shall constitute evidence of qualification
1793 under this paragraph. A; any person who conducts a course
1794 pursuant to subparagraph 2., subparagraph 3., or subparagraph
1795 7., or who, as an instructor, attests to the completion of such
1796 courses, must maintain records certifying that he or she
1797 observed the student safely handle and discharge the firearm in
1798 his or her physical presence and that the discharge of the
1799 firearm included live fire using a firearm and ammunition as
1800 defined in s. 790.001;
1801 (i) Has not been adjudicated an incapacitated person under
1802 s. 744.331, or similar laws of any other state, unless 5 years
1803 have elapsed since the applicant’s restoration to capacity by
1804 court order;
1805 (j) Has not been committed to a mental institution under
1806 chapter 394, or similar laws of any other state, unless the
1807 applicant produces a certificate from a licensed psychiatrist
1808 that he or she has not suffered from disability for at least 5
1809 years before prior to the date of submission of the application;
1810 (k) Has not had adjudication of guilt withheld or
1811 imposition of sentence suspended on any felony or misdemeanor
1812 crime of domestic violence unless 3 years have elapsed since
1813 probation or any other conditions set by the court have been
1814 fulfilled, or expunction has occurred the record has been sealed
1815 or expunged;
1816 (l) Has not had adjudication of guilt withheld or
1817 imposition of sentence suspended on any misdemeanor crime of
1818 domestic violence unless 3 years have elapsed since probation or
1819 any other conditions set by the court have been fulfilled, or
1820 the record has been sealed or expunged;
1821 (m)(l) Has not been issued an injunction that is currently
1822 in force and effect and that restrains the applicant from
1823 committing acts of domestic violence or acts of repeat violence;
1824 and
1825 (n)(m) Is not prohibited from purchasing or possessing a
1826 firearm by any other provision of Florida or federal law.
1827 (4) The application shall be completed, under oath, on a
1828 form adopted promulgated by the Department of Agriculture and
1829 Consumer Services and shall include:
1830 (a) The name, address, place of birth, and date of birth,
1831 and race, and occupation of the applicant;
1832 (b) A statement that the applicant is in compliance with
1833 criteria contained within subsections (2) and (3);
1834 (c) A statement that the applicant has been furnished a
1835 copy of this chapter and is knowledgeable of its provisions;
1836 (d) A conspicuous warning that the application is executed
1837 under oath and that a false answer to any question, or the
1838 submission of any false document by the applicant, subjects the
1839 applicant to criminal prosecution under s. 837.06; and
1840 (e) A statement that the applicant desires a concealed
1841 weapon or firearms license as a means of lawful self-defense;
1842 and.
1843 (f) Directions for an applicant who is a servicemember, as
1844 defined in s. 250.01, or a veteran, as defined in s. 1.01, to
1845 request expedited processing of his or her application.
1846 (5) The applicant shall submit to the Department of
1847 Agriculture and Consumer Services or an approved tax collector
1848 pursuant to s. 790.0625:
1849 (a) A completed application as described in subsection (4).
1850 (b) A nonrefundable license fee of up to $60 $70 if he or
1851 she has not previously been issued a statewide license or of up
1852 to $50 $60 for renewal of a statewide license. The cost of
1853 processing fingerprints as required in paragraph (c) shall be
1854 borne by the applicant. However, an individual holding an active
1855 certification from the Criminal Justice Standards and Training
1856 Commission as a law enforcement officer, correctional officer,
1857 or correctional probation officer as defined in s. 943.10(1),
1858 (2), (3), (6), (7), (8), or (9) is exempt from the licensing
1859 requirements of this section. If such individual wishes to
1860 receive a concealed weapon weapons or firearm firearms license,
1861 he or she is exempt from the background investigation and all
1862 background investigation fees, but must pay the current license
1863 fees regularly required to be paid by nonexempt applicants.
1864 Further, a law enforcement officer, a correctional officer, or a
1865 correctional probation officer as defined in s. 943.10(1), (2),
1866 or (3) is exempt from the required fees and background
1867 investigation for a period of 1 year after his or her
1868 retirement.
1869 (c) A full set of fingerprints of the applicant
1870 administered by a law enforcement agency or the Division of
1871 Licensing of the Department of Agriculture and Consumer Services
1872 or an approved tax collector pursuant to s. 790.0625 together
1873 with any personal identifying information required by federal
1874 law to process fingerprints.
1875 (d) A photocopy of a certificate, affidavit, or document as
1876 described in paragraph (2)(h).
1877 (e) A full frontal view color photograph of the applicant
1878 taken within the preceding 30 days, in which the head, including
1879 hair, measures 7/8 of an inch wide and 1 1/8 inches high.
1880 (f) For expedited processing of an application:
1881 1. A servicemember shall submit a copy of the Common Access
1882 Card, United States Uniformed Services Identification Card, or
1883 current deployment orders.
1884 2. A veteran shall submit a copy of the DD Form 214, issued
1885 by the United States Department of Defense, or another
1886 acceptable form of identification as specified by the Department
1887 of Veterans’ Affairs.
1888 (6)
1889 (f) The Department of Agriculture and Consumer Services
1890 shall, upon receipt of a completed application and the
1891 identifying information required under paragraph (5)(f),
1892 expedite the processing of a servicemember’s or a veteran’s
1893 concealed weapon or firearm license application.
1894 (10) A license issued under this section shall be suspended
1895 or revoked pursuant to chapter 120 if the licensee:
1896 (a) Is found to be ineligible under the criteria set forth
1897 in subsection (2);
1898 (b) Develops or sustains a physical infirmity which
1899 prevents the safe handling of a weapon or firearm;
1900 (c) Is convicted of a felony which would make the licensee
1901 ineligible to possess a firearm pursuant to s. 790.23;
1902 (d) Is found guilty of a crime under the provisions of
1903 chapter 893, or similar laws of any other state, relating to
1904 controlled substances;
1905 (e) Is committed as a substance abuser under chapter 397,
1906 or is deemed a habitual offender under s. 856.011(3), or similar
1907 laws of any other state;
1908 (f) Is convicted of a second violation of s. 316.193, or a
1909 similar law of another state, within 3 years after of a first
1910 previous conviction of such section, or similar law of another
1911 state, even though the first violation may have occurred before
1912 prior to the date on which the application was submitted;
1913 (g) Is adjudicated an incapacitated person under s.
1914 744.331, or similar laws of any other state; or
1915 (h) Is committed to a mental institution under chapter 394,
1916 or similar laws of any other state.
1917
1918 Notwithstanding s. 120.60(5), notice by the Department of
1919 Agriculture and Consumer Services of the suspension or
1920 revocation of a concealed weapon or firearm license of this
1921 state or the suspension of the processing of an application for
1922 such license must be by personal delivery to the licensee or
1923 applicant or by mail in an envelope, first class, postage
1924 prepaid, addressed to the licensee or applicant at his or her
1925 last known mailing address provided to the department. Such
1926 mailing by the department constitutes notice, and any failure by
1927 the person to receive the mailed notice does not stay the
1928 effective date or term of the suspension or revocation. A
1929 request for a hearing must be filed with the department within
1930 21 days if notice was received by personal delivery, or within
1931 26 days after the date the department deposited the notice in
1932 the United States mail (21 days plus 5 days for mailing). Proof
1933 of the giving of notice shall be made by entry in the records of
1934 the department that such notice was given. The entry is
1935 admissible in the courts of this state and constitutes
1936 sufficient proof that notice was given.
1937 Section 38. Effective upon this act becoming a law,
1938 paragraph (a) of subsection (11) of section 790.06, Florida
1939 Statutes, is amended to read:
1940 790.06 License to carry concealed weapon or firearm.—
1941 (11)(a) At least No less than 90 days before the expiration
1942 date of the license, the Department of Agriculture and Consumer
1943 Services shall mail to each licensee a written notice of the
1944 expiration and a renewal form prescribed by the Department of
1945 Agriculture and Consumer Services. The licensee must renew his
1946 or her license on or before the expiration date by filing with
1947 the Department of Agriculture and Consumer Services the renewal
1948 form containing an a notarized affidavit submitted under oath
1949 and under penalty of perjury stating that the licensee remains
1950 qualified pursuant to the criteria specified in subsections (2)
1951 and (3), a color photograph as specified in paragraph (5)(e),
1952 and the required renewal fee. Out-of-state residents must also
1953 submit a complete set of fingerprints and fingerprint processing
1954 fee. The license shall be renewed upon receipt of the completed
1955 renewal form, color photograph, appropriate payment of fees,
1956 and, if applicable, fingerprints. Additionally, a licensee who
1957 fails to file a renewal application on or before its expiration
1958 date must renew his or her license by paying a late fee of $15.
1959 A license may not be renewed 180 days or more after its
1960 expiration date, and such a license is deemed to be permanently
1961 expired. A person whose license has been permanently expired may
1962 reapply for licensure; however, an application for licensure and
1963 fees under subsection (5) must be submitted, and a background
1964 investigation shall be conducted pursuant to this section. A
1965 person who knowingly files false information under this
1966 subsection is subject to criminal prosecution under s. 837.06.
1967 Section 39. Subsection (8) is added to section 790.0625,
1968 Florida Statutes, to read:
1969 790.0625 Appointment of tax collectors to accept
1970 applications for a concealed weapon or firearm license; fees;
1971 penalties.—
1972 (8) Upon receipt of a completed renewal application, a new
1973 color photograph, and appropriate payment of fees, a tax
1974 collector authorized to accept renewal applications for
1975 concealed weapon or firearm licenses under this section may,
1976 upon approval and confirmation of license issuance by the
1977 department, print and deliver a concealed weapon or firearm
1978 license to a licensee renewing his or her license at the tax
1979 collector’s office.
1980 Section 40. Subsection (1) and paragraph (d) of subsection
1981 (3) of section 559.9285, Florida Statutes, are amended to read:
1982 559.9285 Certification of business activities.—
1983 (1) Each certifying party, as defined in s. 559.927(2):
1984 (a) Which does not offer for sale, at wholesale or retail,
1985 prearranged travel or, tourist-related services, or tour-guide
1986 services for individuals or groups directly to any terrorist
1987 state and which originate in Florida;
1988 (b) Which offers for sale, at wholesale or retail, only
1989 prearranged travel or, tourist-related services, or tour-guide
1990 services for individuals or groups directly to any terrorist
1991 state and which originate in Florida, but engages in no other
1992 business dealings or commerce with any terrorist state; or
1993 (c) Which offers for sale, at wholesale or retail,
1994 prearranged travel or, tourist-related services, or tour-guide
1995 services for individuals or groups directly to any terrorist
1996 state and which originate in Florida, and also engages in any
1997 other business dealings or commerce with any terrorist state,
1998
1999 shall annually certify its business activities by filing a
2000 disclosure statement with the department which accurately
2001 represents the scope of the seller’s business activities
2002 according to the criteria provided in paragraph (a), paragraph
2003 (b), or paragraph (c).
2004 (3) The department shall specify by rule the form of each
2005 certification under this section which shall include the
2006 following information:
2007 (d) The type of all prearranged travel or, tourist-related
2008 services, or tour-guide services that the certifying party
2009 offers for sale to individuals or groups traveling directly to
2010 any terrorist state and that originate in Florida, and the
2011 frequency with which such services are offered.
2012 Section 41. Subsection (2) of section 559.937, Florida
2013 Statutes, is amended to read:
2014 559.937 Criminal penalties.—Any person or business that
2015 violates this part:
2016 (2) Which violation directly or indirectly pertains to an
2017 offer to sell, at wholesale or retail, prearranged travel or,
2018 tourist-related services, or tour-guide services for individuals
2019 or groups directly to any terrorist state and which originate in
2020 Florida, commits a felony of the third degree, punishable as
2021 provided in s. 775.082 or s. 775.083.
2022 Section 42. Except as otherwise expressly provided in this
2023 act, this act shall take effect July 1, 2016.