Florida Senate - 2016                              CS for SB 772
       
       
        
       By the Committee on Commerce and Tourism; and Senator Richter
       
       577-02002-16                                           2016772c1
    1                        A bill to be entitled                      
    2         An act relating to regulated service providers;
    3         amending s. 472.007, F.S.; revising the composition of
    4         the Board of Professional Surveyors and Mappers;
    5         amending s. 472.015, F.S.; requiring the Department of
    6         Agriculture and Consumer Services to waive the initial
    7         land surveying and mapping license fee for certain
    8         veterans, the spouses of such veterans, or certain
    9         business entities that have a majority ownership held
   10         by such veterans or spouses; amending s. 493.6105,
   11         F.S.; waiving the initial application fee for veterans
   12         for certain private investigative, private security,
   13         and repossession service licenses; revising certain
   14         fees for initial license applications; revising the
   15         submission requirements for a Class “K” license;
   16         amending s. 493.6106, F.S.; deleting a provision
   17         requiring that certain applicants submit additional
   18         documentation establishing state residency; amending
   19         s. 493.6107, F.S.; waiving the initial license fees
   20         for veterans for certain private investigative,
   21         private security, and repossession service licenses;
   22         amending s. 493.6108, F.S.; requiring the Department
   23         of Law Enforcement to retain fingerprints submitted
   24         for private investigative, private security, and
   25         repossession service licenses, to enter such
   26         fingerprints into the statewide automated biometric
   27         identification system and the Federal Bureau of
   28         Investigation’s national retained print arrest
   29         notification program, and to report any arrest record
   30         information to the Department of Agriculture and
   31         Consumer Services; requiring the department to provide
   32         information about an arrest of a licensee for certain
   33         crime within the state to the agency that employs the
   34         licensee; amending s. 493.6113, F.S.; clarifying the
   35         renewal requirements for Class “K” licenses; requiring
   36         a person holding a private investigative, private
   37         security, or repossession service license issued
   38         before a certain date to submit, upon first renewal of
   39         the license, a full set of fingerprints and a
   40         fingerprint processing fee; amending ss. 493.6202,
   41         493.6302, and 493.6402, F.S.; waiving initial license
   42         fees for veterans for certain private investigative,
   43         private security, and repossession service licenses;
   44         amending s. 501.0125, F.S.; revising the definition of
   45         the term “health studio”; defining the term “personal
   46         trainer”; amending s. 501.015, F.S.; requiring the
   47         department to waive the initial health studio
   48         registration fee for certain veterans, the spouses of
   49         such veterans, or certain business entities that have
   50         a majority ownership held by such veterans or spouses;
   51         amending s. 501.605, F.S.; prohibiting the use of a
   52         mail drop as a street address for the principal
   53         location of a commercial telephone seller; requiring
   54         the department to waive the initial commercial
   55         telephone seller license fee for certain veterans, the
   56         spouses of such veterans, or certain business entities
   57         that have a majority ownership held by such veterans
   58         or spouses; amending s. 501.607, F.S.; requiring the
   59         department to waive the initial telephone salesperson
   60         license fees for certain veterans, the spouses of such
   61         veterans, or certain business entities that have a
   62         majority ownership held by such veterans or spouses;
   63         amending s. 507.03, F.S.; requiring the department to
   64         waive the initial registration fee for an intrastate
   65         mover for certain veterans, the spouses of such
   66         veterans, or certain business entities that have a
   67         majority ownership held by such veterans or spouses;
   68         amending s. 527.02, F.S.; requiring the department to
   69         waive the original liquefied petroleum gas license fee
   70         for certain veterans, the spouses of such veterans, or
   71         certain business entities that have a majority
   72         ownership held by such veterans or spouses; amending
   73         s. 527.021, F.S.; deleting a provision requiring a fee
   74         for registering transport vehicles; amending s.
   75         531.37, F.S.; revising the definition of the term
   76         “weights and measures”; amending s. 531.415, F.S.;
   77         revising the fees for actual metrology laboratory
   78         calibration and testing services; amending s. 531.60,
   79         F.S.; clarifying the applicability of permits for
   80         commercially operated or tested weights or measures
   81         instruments or devices; requiring a new permit
   82         application if a new owner acquires and moves an
   83         instrument or a device; requiring a business to notify
   84         the department of certain information under certain
   85         circumstances; deleting a provision authorizing the
   86         department to test weights and measures instruments or
   87         devices under certain circumstances; amending s.
   88         531.61, F.S.; clarifying provisions exempting certain
   89         instruments or devices from specified requirements;
   90         amending s. 531.62, F.S.; specifying that the
   91         commercial use permit fee is based upon the number and
   92         types of instruments or devices permitted; revising
   93         the expiration date of the commercial use permit;
   94         requiring annual and biennial commercial use permit
   95         renewals to meet the same requirements; amending s.
   96         531.63, F.S.; revising the commercial use permit fees
   97         and fee structures; amending s. 531.65, F.S.;
   98         clarifying that the department may use one or more of
   99         the prescribed penalties for the unauthorized use of a
  100         weights and measures instrument or device; amending s.
  101         539.001, F.S.; requiring the department to waive the
  102         initial pawnbroker license fee for certain veterans,
  103         the spouses of such veterans, or certain business
  104         entities that have a majority ownership held by such
  105         veterans or spouses; amending s. 559.904, F.S.;
  106         requiring the department to waive the initial motor
  107         vehicle repair shop registration fee for certain
  108         veterans, the spouses of such veterans, or certain
  109         business entities that have a majority ownership held
  110         by such veterans or spouses; amending s. 559.927,
  111         F.S.; revising definitions; amending s. 559.928, F.S.;
  112         revising the registration requirements for sellers of
  113         travel; requiring the department to waive the initial
  114         seller of travel registration fee for certain
  115         veterans, the spouses of such veterans, or certain
  116         business entities that have a majority ownership held
  117         by such veterans or spouses; requiring each
  118         advertisement, each certificate, or any other travel
  119         document to include a specified phrase; deleting a
  120         provision requiring an advertisement to include a
  121         specified phrase; revising the circumstances under
  122         which the department may deny or refuse to renew a
  123         registration; authorizing the department to revoke the
  124         registration of a seller of travel under certain
  125         circumstances; amending s. 559.929, F.S.; revising
  126         certain security requirements; amending s. 559.9295,
  127         F.S.; revising the requirements that certain sellers
  128         of travel submit and disclose to the department;
  129         deleting provisions relating to the duties of the
  130         department; amending s. 559.932, F.S.; requiring a
  131         specified typeface point size for certain disclosures;
  132         requiring the department to review copies of certain
  133         certificates and contracts for compliance with
  134         disclosure requirements; amending s. 559.933, F.S.;
  135         making technical changes; amending s. 559.9335, F.S.;
  136         revising violations relating to the sale of travel;
  137         amending s. 559.935, F.S.; deleting a provision
  138         requiring an affidavit of exemption to obtain a seller
  139         of travel affiliate exemption; adding embezzlement as
  140         a crime for which the department may revoke certain
  141         exemptions; amending s. 559.936, F.S.; conforming
  142         cross-references; amending s. 616.242, F.S.; exempting
  143         water-related amusement rides operated by lodging and
  144         food service establishments and membership
  145         campgrounds, amusement rides at private, membership
  146         only facilities, and nonprofit permanent facilities
  147         from certain safety standards; authorizing owners or
  148         managers of amusement rides to use alternative forms
  149         to record ride inspections and employee training;
  150         amending s. 713.585, F.S.; revising certain notice
  151         requirements; authorizing the owner of a vehicle or a
  152         person claiming an interest in the vehicle or in a
  153         lien thereon to post a bond to recover possession of a
  154         vehicle held by a lienor; requiring the clerk of the
  155         court to issue a certificate notifying the lienor of
  156         the posting of bond; establishing procedures and
  157         requirements for a vehicle owner to reclaim such
  158         vehicles recovered by a lienholder; authorizing courts
  159         to award damages based on claims relating to the
  160         enforcement of certain lien and recovery rights;
  161         requiring courts to provide for the immediate payment
  162         of proceeds and awards and immediate release of bonds;
  163         amending s. 790.06, F.S.; revising the requirements
  164         for issuance of a concealed weapon or firearm license;
  165         requiring directions for expedited processing requests
  166         in the license application form; revising the initial
  167         and renewal fees for a concealed weapon or firearm
  168         license; providing a process for expediting
  169         applications for servicemembers and veterans;
  170         requiring that notice of the suspension or revocation
  171         of a concealed weapon or firearm license or the
  172         suspension of the processing of an application for
  173         such license be given by personal delivery or first
  174         class mail; specifying deadlines for requests for a
  175         hearing for suspensions or revocations; specifying
  176         standards of proof for notice of suspensions or
  177         revocations; requiring concealed weapon or firearm
  178         license renewals to include an affidavit submitted
  179         under oath and under penalty of perjury, rather than a
  180         notarized affidavit; amending s. 790.0625, F.S.;
  181         authorizing certain tax collector offices, upon
  182         approval and confirmation of license issuance by the
  183         department, to print and deliver concealed weapon or
  184         firearm licenses; amending ss. 559.917, 559.9285, and
  185         559.937, F.S.; conforming terminology; providing
  186         effective dates
  187          
  188  Be It Enacted by the Legislature of the State of Florida:
  189  
  190         Section 1. Subsection (1) of section 472.007, Florida
  191  Statutes, is amended to read:
  192         472.007 Board of Professional Surveyors and Mappers.—There
  193  is created in the Department of Agriculture and Consumer
  194  Services the Board of Professional Surveyors and Mappers.
  195         (1) The board shall consist of nine members, seven six of
  196  whom shall be registered surveyors and mappers primarily engaged
  197  in the practice of surveying and mapping, one of whom shall be a
  198  registered surveyor and mapper with the designation of
  199  photogrammetrist, and two of whom shall be laypersons who are
  200  not and have never been surveyors and mappers or members of any
  201  closely related profession or occupation.
  202         Section 2. Subsection (3) of section 472.015, Florida
  203  Statutes, is amended to read:
  204         472.015 Licensure.—
  205         (3)(a) Before the issuance of any license, the department
  206  may charge an initial license fee as determined by rule of the
  207  board. Upon receipt of the appropriate license fee, except as
  208  provided in subsection (6), the department shall issue a license
  209  to any person certified by the board, or its designee, as having
  210  met the applicable requirements imposed by law or rule. However,
  211  an applicant who is not otherwise qualified for licensure is not
  212  entitled to licensure solely based on a passing score on a
  213  required examination.
  214         (b) The department shall waive the initial license fee for
  215  an honorably discharged veteran of the United States Armed
  216  Forces, the spouse of such a veteran, or a business entity that
  217  has a majority ownership held by such a veteran or spouse if the
  218  department receives an application, in a format prescribed by
  219  the department, within 60 months after the date of the veteran’s
  220  discharge from any branch of the United States Armed Forces. To
  221  qualify for the waiver, a veteran must provide to the department
  222  a copy of his or her DD Form 214, as issued by the United States
  223  Department of Defense, or another acceptable form of
  224  identification as specified by the Department of Veterans’
  225  Affairs; the spouse of a veteran must provide to the department
  226  a copy of the veteran’s DD Form 214, as issued by the United
  227  States Department of Defense, or another acceptable form of
  228  identification as specified by the Department of Veterans’
  229  Affairs, and a copy of a valid marriage license or certificate
  230  verifying that he or she was lawfully married to the veteran at
  231  the time of discharge; or a business entity must provide to the
  232  department proof that a veteran or the spouse of a veteran holds
  233  a majority ownership in the business, a copy of the veteran’s DD
  234  Form 214, as issued by the United States Department of Defense,
  235  or another acceptable form of identification as specified by the
  236  Department of Veterans’ Affairs, and, if applicable, a copy of a
  237  valid marriage license or certificate verifying that the spouse
  238  of the veteran was lawfully married to the veteran at the time
  239  of discharge.
  240         Section 3. Paragraph (c) is added to subsection (1) of
  241  section 493.6105, Florida Statutes, and paragraph (j) of
  242  subsection (3) and paragraph (a) of subsection (6) of that
  243  section are amended, to read:
  244         493.6105 Initial application for license.—
  245         (1) Each individual, partner, or principal officer in a
  246  corporation, shall file with the department a complete
  247  application accompanied by an application fee not to exceed $60,
  248  except that the applicant for a Class “D” or Class “G” license
  249  is not required to submit an application fee. The application
  250  fee is not refundable.
  251         (c) The initial application fee for a veteran, as defined
  252  in s. 1.01, if he or she applies for a Class “C,” Class “CC,”
  253  Class “DI,” Class “E,” Class “EE,” Class “K,” Class “M,” Class
  254  “MA,” Class “MB,” Class “MR,” or Class “RI” license within 24
  255  months after being discharged from a branch of the United States
  256  Armed Forces shall be waived. An eligible veteran must include a
  257  copy of his or her DD Form 214, as issued by the United States
  258  Department of Defense, or another acceptable form of
  259  identification as specified by the Department of Veterans’
  260  Affairs with his or her application in order to obtain a waiver.
  261         (3) The application must contain the following information
  262  concerning the individual signing the application:
  263         (j) A full set of fingerprints, a fingerprint processing
  264  fee, and a fingerprint retention fee. The fingerprint processing
  265  and retention fees shall to be established by rule of the
  266  department based upon costs determined by state and federal
  267  agency charges and department processing costs, which must
  268  include the cost of retaining the fingerprints in the statewide
  269  automated biometric identification system established in s.
  270  943.05(2)(b) and the cost of enrolling the fingerprints in the
  271  national retained print arrest notification program as required
  272  under s. 493.6108. An applicant who has, within the immediately
  273  preceding 6 months, submitted such fingerprints and fees fee for
  274  licensing purposes under this chapter and who still holds a
  275  valid license is not required to submit another set of
  276  fingerprints or another fingerprint processing fee. An applicant
  277  who holds multiple licenses issued under this chapter is
  278  required to pay only a single fingerprint retention fee.
  279         (6) In addition to the requirements under subsection (3),
  280  an applicant for a Class “K” license must:
  281         (a) Submit one of the following:
  282         1. The Florida Criminal Justice Standards and Training
  283  Commission Instructor Certificate and written confirmation by
  284  the commission that the applicant possesses an active firearms
  285  certification.
  286         2. The National Rifle Association Private Security Firearm
  287  Instructor Certificate.
  288         3. A firearms instructor certificate issued by a federal
  289  law enforcement agency.
  290         4. An International Association of Law Enforcement Firearms
  291  Instructors certification.
  292         5. A Second Amendment Foundation Training Division Firearms
  293  Instructors certification.
  294         Section 4. Paragraph (f) of subsection (1) of section
  295  493.6106, Florida Statutes, is amended to read:
  296         493.6106 License requirements; posting.—
  297         (1) Each individual licensed by the department must:
  298         (f) Be a citizen or permanent legal resident alien of the
  299  United States or have appropriate authorization issued by the
  300  United States Citizenship and Immigration Services of the United
  301  States Department of Homeland Security.
  302         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  303  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  304  “MB,” Class “MR,” or Class “RI” license who is not a United
  305  States citizen must submit proof of current employment
  306  authorization issued by the United States Citizenship and
  307  Immigration Services or proof that she or he is deemed a
  308  permanent legal resident alien by the United States Citizenship
  309  and Immigration Services.
  310         2. An applicant for a Class “G” or Class “K” license who is
  311  not a United States citizen must submit proof that she or he is
  312  deemed a permanent legal resident alien by the United States
  313  Citizenship and Immigration Services, together with additional
  314  documentation establishing that she or he has resided in the
  315  state of residence shown on the application for at least 90
  316  consecutive days before the date that the application is
  317  submitted.
  318         3. An applicant for an agency or school license who is not
  319  a United States citizen or permanent legal resident alien must
  320  submit documentation issued by the United States Citizenship and
  321  Immigration Services stating that she or he is lawfully in the
  322  United States and is authorized to own and operate the type of
  323  agency or school for which she or he is applying. An employment
  324  authorization card issued by the United States Citizenship and
  325  Immigration Services is not sufficient documentation.
  326         Section 5. Subsection (6) is added to section 493.6107,
  327  Florida Statutes, to read:
  328         493.6107 Fees.—
  329         (6) The initial license fee for a veteran, as defined in s.
  330  1.01, shall be waived if he or she applies for a Class “M” or
  331  Class “K” license within 24 months after being discharged from
  332  any branch of the United States Armed Forces. An eligible
  333  veteran must include a copy of his or her DD Form 214, as issued
  334  by the United States Department of Defense, or another
  335  acceptable form of identification as specified by the Department
  336  of Veterans’ Affairs with his or her application in order to
  337  obtain a waiver.
  338         Section 6. Subsections (4) and (5) are added to section
  339  493.6108, Florida Statutes, to read:
  340         493.6108 Investigation of applicants by Department of
  341  Agriculture and Consumer Services.—
  342         (4)The Department of Law Enforcement shall:
  343         (a) Retain and enter into the statewide automated biometric
  344  identification system established in s. 943.05(2)(b) all
  345  fingerprints submitted to the Department of Agriculture and
  346  Consumer Services pursuant to this chapter.
  347         (b) When the Department of Law Enforcement begins
  348  participation in the Federal Bureau of Investigation’s national
  349  retained print arrest notification program, enroll such
  350  fingerprints in the program. The fingerprints must thereafter be
  351  available for arrest notifications and all purposes and uses
  352  authorized for arrest fingerprint submissions entered into the
  353  statewide automated biometric identification system established
  354  in s. 943.05(2)(b).
  355         (c) Search all arrest fingerprints against fingerprints
  356  retained.
  357         (d) Report to the Department of Agriculture and Consumer
  358  Services any arrest record that it identifies or that is
  359  identified by the Federal Bureau of Investigation.
  360         (5) If the department receives information about an arrest
  361  within the state of a person who holds a valid license issued
  362  under this chapter for a crime that could potentially disqualify
  363  the person from holding such a license, the department must
  364  provide the arrest information to the agency that employs the
  365  licensee.
  366         Section 7. Subsections (1) and (3) of section 493.6113,
  367  Florida Statutes, are amended to read:
  368         493.6113 Renewal application for licensure.—
  369         (1) A license granted under the provisions of this chapter
  370  shall be renewed biennially by the department, except for Class
  371  “A,” Class “B,” Class “AB,” Class “K,” Class “R,” and branch
  372  agency licenses, which shall be renewed every 3 years.
  373         (3) Each licensee is responsible for renewing his or her
  374  license on or before its expiration by filing with the
  375  department an application for renewal accompanied by payment of
  376  the renewal fee and the fingerprint retention fee to cover the
  377  cost of ongoing retention in the statewide automated biometric
  378  identification system established in s. 943.05(2)(b) prescribed
  379  license fee. A person holding a valid license issued under this
  380  chapter before January 1, 2017, must submit, upon first renewal
  381  of the license, a full set of fingerprints and a fingerprint
  382  processing fee to cover the cost of entering the fingerprints
  383  into the statewide automated biometric identification system
  384  under s. 493.6108(4)(a). Subsequent renewals may be completed
  385  without submission of a set of fingerprints.
  386         (a) Each Class “B” licensee shall additionally submit on a
  387  form prescribed by the department a certification of insurance
  388  that evidences that the licensee maintains coverage as required
  389  under s. 493.6110.
  390         (b) Each Class “G” licensee shall additionally submit proof
  391  that he or she has received during each year of the license
  392  period a minimum of 4 hours of firearms recertification training
  393  taught by a Class “K” licensee and has complied with such other
  394  health and training requirements that the department shall adopt
  395  by rule. Proof of completion of firearms recertification
  396  training shall be submitted to the department upon completion of
  397  the training. If the licensee fails to complete the required 4
  398  hours of annual training during the first year of the 2-year
  399  term of the license, the license shall be automatically
  400  suspended. The licensee must complete the minimum number of
  401  hours of range and classroom training required at the time of
  402  initial licensure and submit proof of completion of such
  403  training to the department before the license may be reinstated.
  404  If the licensee fails to complete the required 4 hours of annual
  405  training during the second year of the 2-year term of the
  406  license, the licensee must complete the minimum number of hours
  407  of range and classroom training required at the time of initial
  408  licensure and submit proof of completion of such training to the
  409  department before the license may be renewed. The department may
  410  waive the firearms training requirement if:
  411         1. The applicant provides proof that he or she is currently
  412  certified as a law enforcement officer or correctional officer
  413  under the Criminal Justice Standards and Training Commission and
  414  has completed law enforcement firearms requalification training
  415  annually during the previous 2 years of the licensure period;
  416         2. The applicant provides proof that he or she is currently
  417  certified as a federal law enforcement officer and has received
  418  law enforcement firearms training administered by a federal law
  419  enforcement agency annually during the previous 2 years of the
  420  licensure period; or
  421         3. The applicant submits a valid firearm certificate among
  422  those specified in s. 493.6105(6)(a) and provides proof of
  423  having completed requalification training during the previous 2
  424  years of the licensure period.
  425         (c) Each Class “DS” or Class “RS” licensee shall
  426  additionally submit the current curriculum, examination, and
  427  list of instructors.
  428         (d) Each Class “K” licensee shall additionally submit one
  429  of the certificates specified under s. 493.6105(6) as proof that
  430  he or she remains certified to provide firearms instruction.
  431         Section 8. Subsection (4) is added to section 493.6202,
  432  Florida Statutes, to read:
  433         493.6202 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 “C,”
  436  Class “CC,” or Class “MA” 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 9. Subsection (4) is added to section 493.6302,
  444  Florida Statutes, to read:
  445         493.6302 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 “D,”
  448  Class “DI,” or Class “MB” license within 24 months after being
  449  discharged from any branch of the United States Armed Forces. An
  450  eligible veteran must include a copy of his or her DD Form 214,
  451  as issued by the United States Department of Defense, or another
  452  acceptable form of identification as specified by the Department
  453  of Veterans’ Affairs with his or her application in order to
  454  obtain a waiver.
  455         Section 10. Subsection (4) is added to section 493.6402,
  456  Florida Statutes, to read:
  457         493.6402 Fees.—
  458         (4) The initial license fee for a veteran, as defined in s.
  459  1.01, shall be waived if he or she applies for a Class “E,”
  460  Class “EE,” Class “MR,” or Class “RI” license within 24 months
  461  after being discharged from any branch of the United States
  462  Armed Forces. An eligible veteran must include a copy of his or
  463  her DD Form 214, as issued by the United States Department of
  464  Defense, or another acceptable form of identification as
  465  specified by the Department of Veterans’ Affairs with his or her
  466  application in order to obtain a waiver.
  467         Section 11. Subsection (1) of section 501.0125, Florida
  468  Statutes, is amended, and subsection (6) is added to that
  469  section, to read:
  470         501.0125 Health studios; definitions.—For purposes of ss.
  471  501.012-501.019, the following terms shall have the following
  472  meanings:
  473         (1) “Health studio” means any person who is engaged in the
  474  sale of services for instruction, training, or assistance in a
  475  program of physical exercise or in the sale of services for the
  476  right or privilege to use equipment or facilities in furtherance
  477  of a program of physical exercise. The term does not include an
  478  individual acting as a personal trainer.
  479         (6) “Personal trainer” means an individual:
  480         (a) Who does not have an established place of business for
  481  the primary purpose of the conducting of physical exercise;
  482         (b) Whose provision of exercise equipment is incidental to
  483  the instruction provided; and
  484         (c) Who does not accept payment for services that are to be
  485  rendered more than 30 days after the date of payment.
  486         Section 12. Subsection (2) of section 501.015, Florida
  487  Statutes, is amended to read:
  488         501.015 Health studios; registration requirements and
  489  fees.—Each health studio shall:
  490         (2) Remit an annual registration fee of $300 to the
  491  department at the time of registration for each of the health
  492  studio’s business locations. The department shall waive the
  493  initial registration fee for an honorably discharged veteran of
  494  the United States Armed Forces, the spouse of such a veteran, or
  495  a business entity that has a majority ownership held by such a
  496  veteran or spouse if the department receives an application, in
  497  a format prescribed by the department, within 60 months after
  498  the date of the veteran’s discharge from any branch of the
  499  United States Armed Forces. To qualify for the waiver, a veteran
  500  must provide to the department a copy of his or her DD Form 214,
  501  as issued by the United States Department of Defense, or another
  502  acceptable form of identification as specified by the Department
  503  of Veterans’ Affairs; the spouse of a veteran must provide to
  504  the department a copy of the veteran’s DD Form 214, as issued by
  505  the United States Department of Defense, or another acceptable
  506  form of identification as specified by the Department of
  507  Veterans’ Affairs, and a copy of a valid marriage license or
  508  certificate verifying that he or she was lawfully married to the
  509  veteran at the time of discharge; or a business entity must
  510  provide to the department proof that a veteran or the spouse of
  511  a veteran holds a majority ownership in the business, a copy of
  512  the veteran’s DD Form 214, as issued by the United States
  513  Department of Defense, or another acceptable form of
  514  identification as specified by the Department of Veterans’
  515  Affairs, and, if applicable, a copy of a valid marriage license
  516  or certificate verifying that the spouse of the veteran was
  517  lawfully married to the veteran at the time of discharge.
  518         Section 13. Paragraph (j) of subsection (2) and paragraph
  519  (b) of subsection (5) of section 501.605, Florida Statutes, are
  520  amended to read:
  521         501.605 Licensure of commercial telephone sellers.—
  522         (2) An applicant for a license as a commercial telephone
  523  seller must submit to the department, in such form as it
  524  prescribes, a written application for the license. The
  525  application must set forth the following information:
  526         (j) The complete street address of each location,
  527  designating the principal location, from which the applicant
  528  will be doing business. The street address may not be If any
  529  location is a mail drop, this shall be disclosed as such.
  530  
  531  The application shall be accompanied by a copy of any: Script,
  532  outline, or presentation the applicant will require or suggest a
  533  salesperson to use when soliciting, or, if no such document is
  534  used, a statement to that effect; sales information or
  535  literature to be provided by the applicant to a salesperson; and
  536  sales information or literature to be provided by the applicant
  537  to a purchaser in connection with any solicitation.
  538         (5) An application filed pursuant to this part must be
  539  verified and accompanied by:
  540         (b) A fee for licensing in the amount of $1,500. The fee
  541  shall be deposited into the General Inspection Trust Fund. The
  542  department shall waive the initial license fee for an honorably
  543  discharged veteran of the United States Armed Forces, the spouse
  544  of such a veteran, or a business entity that has a majority
  545  ownership held by such a veteran or spouse if the department
  546  receives an application, in a format prescribed by the
  547  department, within 60 months after the date of the veteran’s
  548  discharge from any branch of the United States Armed Forces. To
  549  qualify for the waiver, a veteran must provide to the department
  550  a copy of his or her DD Form 214, as issued by the United States
  551  Department of Defense, or another acceptable form of
  552  identification as specified by the Department of Veterans’
  553  Affairs; the spouse of a veteran must provide to the department
  554  a copy of the veteran’s DD Form 214, as issued by the United
  555  States Department of Defense, or another acceptable form of
  556  identification as specified by the Department of Veterans’
  557  Affairs, and a copy of a valid marriage license or certificate
  558  verifying that he or she was lawfully married to the veteran at
  559  the time of discharge; or a business entity must provide to the
  560  department proof that a veteran or the spouse of a veteran holds
  561  a majority ownership in the business, a copy of the veteran’s DD
  562  Form 214, as issued by the United States Department of Defense,
  563  or another acceptable form of identification as specified by the
  564  Department of Veterans’ Affairs, and, if applicable, a copy of a
  565  valid marriage license or certificate verifying that the spouse
  566  of the veteran was lawfully married to the veteran at the time
  567  of discharge.
  568         Section 14. Paragraph (b) of subsection (2) of section
  569  501.607, Florida Statutes, is amended to read:
  570         501.607 Licensure of salespersons.—
  571         (2) An application filed pursuant to this section must be
  572  verified and be accompanied by:
  573         (b) A fee for licensing in the amount of $50 per
  574  salesperson. The fee shall be deposited into the General
  575  Inspection Trust Fund. The fee for licensing may be paid after
  576  the application is filed, but must be paid within 14 days after
  577  the applicant begins work as a salesperson. The department shall
  578  waive the initial license fee for an honorably discharged
  579  veteran of the United States Armed Forces, the spouse of such a
  580  veteran, or a business entity that has a majority ownership held
  581  by such a veteran or spouse if the department receives an
  582  application, in a format prescribed by the department, within 60
  583  months after the date of the veteran’s discharge from any branch
  584  of the United States Armed Forces. To qualify for the waiver, a
  585  veteran must provide to the department a copy of his or her DD
  586  Form 214, as issued by the United States Department of Defense,
  587  or another acceptable form of identification as specified by the
  588  Department of Veterans’ Affairs; the spouse of a veteran must
  589  provide to the department a copy of the veteran’s DD Form 214,
  590  as issued by the United States Department of Defense, or another
  591  acceptable form of identification as specified by the Department
  592  of Veterans’ Affairs, and a copy of a valid marriage license or
  593  certificate verifying that he or she was lawfully married to the
  594  veteran at the time of discharge; or a business entity must
  595  provide to the department proof that a veteran or the spouse of
  596  a veteran holds a majority ownership in the business, a copy of
  597  the veteran’s DD Form 214, as issued by the United States
  598  Department of Defense, or another acceptable form of
  599  identification as specified by the Department of Veterans’
  600  Affairs, and, if applicable, a copy of a valid marriage license
  601  or certificate verifying that the spouse of the veteran was
  602  lawfully married to the veteran at the time of discharge.
  603         Section 15. Subsection (3) of section 507.03, Florida
  604  Statutes, is amended to read:
  605         507.03 Registration.—
  606         (3)(a) Registration fees shall be calculated at the rate of
  607  $300 per year per mover or moving broker. All amounts collected
  608  shall be deposited by the Chief Financial Officer to the credit
  609  of the General Inspection Trust Fund of the department for the
  610  sole purpose of administration of this chapter.
  611         (b) The department shall waive the initial registration fee
  612  for an honorably discharged veteran of the United States Armed
  613  Forces, the spouse of such a veteran, or a business entity that
  614  has a majority ownership held by such a veteran or spouse if the
  615  department receives an application, in a format prescribed by
  616  the department, within 60 months after the date of the veteran’s
  617  discharge from any branch of the United States Armed Forces. To
  618  qualify for the waiver, a veteran must provide to the department
  619  a copy of his or her DD Form 214, as issued by the United States
  620  Department of Defense, or another acceptable form of
  621  identification as specified by the Department of Veterans’
  622  Affairs; the spouse of a veteran must provide to the department
  623  a copy of the veteran’s DD Form 214, as issued by the United
  624  States Department of Defense, or another acceptable form of
  625  identification as specified by the Department of Veterans’
  626  Affairs, and a copy of a valid marriage license or certificate
  627  verifying that he or she was lawfully married to the veteran at
  628  the time of discharge; or a business entity must provide to the
  629  department proof that a veteran or the spouse of a veteran holds
  630  a majority ownership in the business, a copy of the veteran’s DD
  631  Form 214, as issued by the United States Department of Defense,
  632  or another acceptable form of identification as specified by the
  633  Department of Veterans’ Affairs, and, if applicable, a copy of a
  634  valid marriage license or certificate verifying that the spouse
  635  of the veteran was lawfully married to the veteran at the time
  636  of discharge.
  637         Section 16. Subsection (3) of section 527.02, Florida
  638  Statutes, is amended to read:
  639         527.02 License; penalty; fees.—
  640         (3)(a) An Any applicant for an original license who submits
  641  an whose application is submitted during the last 6 months of
  642  the license year may have the original license fee reduced by
  643  one-half for the 6-month period. This provision applies shall
  644  apply only to those companies applying for an original license
  645  and may shall not be applied to licensees who held a license
  646  during the previous license year and failed to renew the
  647  license. The department may refuse to issue an initial license
  648  to an any applicant who is under investigation in any
  649  jurisdiction for an action that would constitute a violation of
  650  this chapter until such time as the investigation is complete.
  651         (b) The department shall waive the initial license fee for
  652  an honorably discharged veteran of the United States Armed
  653  Forces, the spouse of such a veteran, or a business entity that
  654  has a majority ownership held by such a veteran or spouse if the
  655  department receives an application, in a format prescribed by
  656  the department, within 60 months after the date of the veteran’s
  657  discharge from any branch of the United States Armed Forces. To
  658  qualify for the waiver, a veteran must provide to the department
  659  a copy of his or her DD Form 214, as issued by the United States
  660  Department of Defense or another acceptable form of
  661  identification as specified by the Department of Veterans’
  662  Affairs; the spouse of a veteran must provide to the department
  663  a copy of the veteran’s DD Form 214, as issued by the United
  664  States Department of Defense, or another acceptable form of
  665  identification as specified by the Department of Veterans’
  666  Affairs, and a copy of a valid marriage license or certificate
  667  verifying that he or she was lawfully married to the veteran at
  668  the time of discharge; or a business entity must provide to the
  669  department proof that a veteran or the spouse of a veteran holds
  670  a majority ownership in the business, a copy of the veteran’s DD
  671  Form 214, as issued by the United States Department of Defense,
  672  or another acceptable form of identification as specified by the
  673  Department of Veterans’ Affairs, and, if applicable, a copy of a
  674  valid marriage license or certificate verifying that the spouse
  675  of the veteran was lawfully married to the veteran at the time
  676  of discharge.
  677         Section 17. Subsection (4) of section 527.021, Florida
  678  Statutes, is amended to read:
  679         527.021 Registration of transport vehicles.—
  680         (4) An inspection fee of $50 shall be assessed for each
  681  registered vehicle inspected by the department pursuant to s.
  682  527.061. All inspection fees collected in connection with this
  683  section shall be deposited in the General Inspection Trust Fund
  684  for the purpose of administering the provisions of this chapter.
  685         Section 18. Subsection (1) of section 531.37, Florida
  686  Statutes, is amended to read:
  687         531.37 Definitions.—As used in this chapter:
  688         (1) “Weights and measures” means all weights and measures
  689  of every kind, instruments, and devices for weighing and
  690  measuring, and any appliance and accessories associated with any
  691  or all such instruments and devices, excluding those weights and
  692  measures used for the purpose of inspecting the accuracy of
  693  devices used in conjunction with aviation fuel.
  694         Section 19. Subsections (1) and (2) of section 531.415,
  695  Florida Statutes, are amended to read:
  696         531.415 Fees.—
  697         (1)  The department shall charge and collect fees of not
  698  more than the following fees for actual metrology laboratory
  699  calibration and testing services rendered:
  700         (a) For each mass standard that is tested or certified to
  701  meet tolerances less stringent than American National Standards
  702  Institute/American Society for Testing and Materials (ANSI/ASTM)
  703  Standard E617 Class 4, the department shall charge a fee of not
  704  more than:
  705         Weight                                           Fee/Unit
  706         0 - 2 lb.                                              $6
  707         3 - 10 lb.                                             $8
  708         11 - 50 lb.                                           $12
  709         51 - 500 lb.                                          $20
  710         501 - 1000 lb.                                        $30
  711         1001 - 2500 lb.                                       $40
  712         2501 - 5000 lb.                                       $50
  713         (b) For each mass standard that is tested or certified to
  714  meet ANSI/ASTM Standard Class 4 or National Institute of
  715  Standards and Technology Class P tolerances, the department
  716  shall charge a fee of not more than:
  717         Weight                                           Fee/Unit
  718         0 - 10 lb.                                            $20
  719         11 - 50 lb.                                           $30
  720         51 - 500 lb.                                          $40
  721         501 - 1000 lb.                                        $50
  722         1001 - 2500 lb.                                       $60
  723         2501 - 5000 lb.                                       $75
  724         (c) For each mass standard that is calibrated to determine
  725  actual mass or apparent mass values, the department shall charge
  726  a fee of not more than:
  727         Weight                                           Fee/Unit
  728         0 - 20 lb.                                            $40
  729         21 - 50 lb.                                           $50
  730         51 - 1000 lb.                                         $70
  731         1001 - 2500 lb.                                      $150
  732         2501 - 5000 lb.                                      $250
  733         (d) For each volumetric flask, graduate, or test measure,
  734  the department shall charge a fee of not more than:
  735         Vessel                                     Fee/Test Point
  736         0 - 5 gal.                                            $35
  737         Over 5 gal.         Plus $0.75 for each additional gallon
  738         (e) For each linear measure that is tested or certified,
  739  the department shall charge a fee of not more than $75.
  740         (e)(f) For each linear measure test that is calibrated to
  741  determine actual values, the department shall charge a fee of
  742  $75 not more than $100.
  743         (g) For each liquid-in-glass or electronic thermometer that
  744  is tested or certified, the department shall charge a fee of not
  745  more than $50.
  746         (f)(h) For each temperature measuring device, liquid-in
  747  glass or electronic thermometer that is calibrated to determine
  748  actual values, the department shall charge a fee of $50 not more
  749  than $100.
  750         (g)(i) For each special test or special preparation, the
  751  department shall charge a fee of not more than $50 per hour.
  752         (2) Each fee is payable to the department at the time the
  753  testing is done, regardless of whether the item tested is
  754  certified. The department may refuse to accept for testing any
  755  item deemed by the department to be unsuitable for its intended
  756  use or not to be in a condition ready for testing. The
  757  department shall deposit all fees collected under this section
  758  into the General Inspection Trust Fund.
  759         Section 20. Section 531.60, Florida Statutes, is amended to
  760  read:
  761         531.60 Permit for commercially operated or tested weights
  762  or measures instrument or devices.—
  763         (1) A weights and measures instrument or device may not
  764  operate or be used for commercial purposes, as defined by
  765  department rule, within this state without first being permitted
  766  through a valid commercial use permit issued by the department
  767  to the person who owns the weights and measures device, unless
  768  exempted as provided in s. 531.61. Such permit applies only to
  769  the specific location and instrument types or device types
  770  listed on for which the permit was issued. However, the
  771  department may allow such permit to be applicable to a
  772  replacement for the original instrument or device.
  773         (2) If ownership of a business an instrument or device for
  774  which a permit has been issued changes and the instruments or
  775  devices affected by the permit instrument or device:
  776         (a) Remain Remains in the same location, the permit
  777  transfers to the new owner and remains in effect until its
  778  original expiration date. Within 30 days after the change in
  779  ownership, the new owner shall notify the department of the
  780  change and provide the pertinent information regarding the
  781  change in ownership and an updated replacement permit shall be
  782  issued if needed.
  783         (b) Move Moves to a new location, the permit automatically
  784  expires and a new permit must be applied for by the new owner of
  785  the instruments or devices issued which will expire 1 year
  786  following the date of issuance.
  787         (3) A person who holds a permit that has been issued under
  788  this section must notify the department within 30 days after a
  789  change in permit status or if a permit will not be renewed due
  790  to the termination in use or removal of all weighing and
  791  measuring instruments or devices from the permitted location
  792  Weights and measures instruments or devices that are not used
  793  commercially may be tested by the department under this chapter
  794  only if they are permitted and appropriate fees paid as
  795  prescribed by this section and adopted rules.
  796         Section 21. Section 531.61, Florida Statutes, is amended to
  797  read:
  798         531.61 Exemptions from permit requirement.—Commercial
  799  weights or measures instruments or devices are exempt from the
  800  permit requirements of ss. 531.60-531.66 if:
  801         (1) The device is a taximeter that is licensed, permitted,
  802  or registered by a municipality, county, or other local
  803  government and is tested for accuracy and compliance with state
  804  standards by the local government in cooperation with the state
  805  as authorized in s. 531.421.
  806         (2) The device is used exclusively for weighing railroad
  807  cars and is tested for accuracy and compliance with state
  808  standards by a private testing agency.
  809         (3) The device is used exclusively for measuring aviation
  810  fuel or petroleum products inspected under chapter 525.
  811         Section 22. Subsections (1), (2), and (4) of section
  812  531.62, Florida Statutes, are amended to read:
  813         531.62 Permit application and renewal.—
  814         (1) An application for a weights and measures commercial
  815  use permit shall be submitted to the department on a form
  816  prescribed and furnished by the department and must contain such
  817  information as the department may require by rule.
  818         (2) The application must be accompanied by a fee in an
  819  amount determined by the number and types of instruments or
  820  devices covered by the permit as provided by department rule.
  821  However, the fee for each instrument or device listed on the
  822  permit may not exceed the maximum limits set forth in s. 531.63.
  823         (4) A permit expires 2 years 1 year following its date of
  824  issue and must be renewed biennially annually. If a complete an
  825  application package for renewal is not received by the
  826  department before the permit expires within 30 days after its
  827  due date, a late fee of up to $100 must be paid in addition to
  828  the annual commercial use permit fee. However, a person may
  829  elect to renew a commercial use permit on an annual basis rather
  830  than a biennial basis. An annual renewal must meet the same
  831  requirements and conditions as a biennial renewal.
  832         Section 23. Paragraph (a) of subsection (1) and subsection
  833  (2) of section 531.63, Florida Statutes, are amended to read:
  834         531.63 Maximum permit fees.—The commercial use permit fees
  835  established for weights or measures instruments or devices shall
  836  be in an amount necessary to administer this chapter but may not
  837  exceed the amounts provided in this section.
  838         (1) For weighing devices, the fees must be based on the
  839  manufacturer’s rated capacity or the device’s design and use and
  840  whether measuring by inch or pounds or the metric equivalent:
  841         (a) For weighing devices of up to and including the 100
  842  pound capacity which are used during any portion of the period
  843  covered by the permit, the maximum annual fees per category of
  844  device retail establishment may not exceed the following:
  845         Number of devices
  846         in a single category retail
  847         establishment                                 Maximum Fee
  848         1 to 5                                                $60
  849         6 to 10                                              $150
  850         11 to 30                                             $200
  851         More than 30                                         $300
  852         (2) For other measuring devices, the annual permit fees per
  853  device may not exceed the following:
  854         (a) Mass flow meters having a maximum flow rate of up to
  855  150 pounds per minute......................................$100.
  856  This includes all mass flow meters used to dispense compressed
  857  and liquefied natural gas for retail sale.
  858         (b) Mass flow meters having a maximum flow rate greater
  859  than 150 pounds per minute.................................$500.
  860         (c) Volumetric flow meters having a maximum flow rate of up
  861  to 20 gallons per minute....................................$50.
  862  This includes all devices used to dispense diesel exhaust fluid
  863  for retail sale.
  864         (d) Volumetric flow meters having a maximum flow rate
  865  greater than 20 gallons per minute.........................$100.
  866         (e) Tanks, under 500 gallons capacity, used as measure
  867  containers, with or without gage rods or markers...........$100.
  868         (f) Tanks, 500 or more gallons capacity, used as measure
  869  containers, with or without gage rods or markers...........$200.
  870         (g) Taximeters.......................................$50.
  871         (h) Grain moisture meters............................$25.
  872         (h)(i) Multiple-dimension measuring
  873  devices....................................................$100.
  874         (i) Liquefied petroleum gas bulk delivery vehicles with a
  875  meter owned or leased by a liquefied petroleum gas licensee$150.
  876         Section 24. Section 531.65, Florida Statutes, is amended to
  877  read:
  878         531.65 Unauthorized use; penalties.—If a weights or
  879  measures instrument or device is used commercially without a
  880  valid commercial use permit, the department may do one or more
  881  of the following:
  882         (1) Prohibit the further commercial use of the unpermitted
  883  instrument or device until the proper permit has been issued.;
  884         (2) Employ and attach to the instrument or device such
  885  form, notice, tag, or seal to prevent the continued unauthorized
  886  use of the instrument or device.;
  887         (3) In addition to the permit fees prescribed by rule for
  888  the commercial use of a weights and measures instrument or
  889  device, assess the late fee authorized under s. 531.62.; or
  890         (4) Impose penalties as prescribed in s. 531.50 in addition
  891  to the payment of appropriate permit fees for the commercial use
  892  of a weights and measures instrument or device.
  893         Section 25. Paragraph (c) of subsection (3) of section
  894  539.001, Florida Statutes, is amended to read:
  895         539.001 The Florida Pawnbroking Act.—
  896         (3) LICENSE REQUIRED.—
  897         (c) Each license is valid for a period of 1 year unless it
  898  is earlier relinquished, suspended, or revoked. Each license
  899  shall be renewed annually, and each licensee shall, initially
  900  and annually thereafter, pay to the agency a license fee of $300
  901  for each license held. The agency shall waive the initial
  902  license fee for an honorably discharged veteran of the United
  903  States Armed Forces, the spouse of such a veteran, or a business
  904  entity that has a majority ownership held by such a veteran or
  905  spouse if the agency receives an application, in a format
  906  prescribed by the agency, within 60 months after the date of the
  907  veteran’s discharge from any branch of the United States Armed
  908  Forces. To qualify for the waiver, a veteran must provide to the
  909  agency a copy of his or her DD Form 214, as issued by the United
  910  States Department of Defense, or another acceptable form of
  911  identification as specified by the Department of Veterans’
  912  Affairs; the spouse of a veteran must provide to the agency a
  913  copy of the veteran’s DD Form 214, as issued by the United
  914  States Department of Defense, or another acceptable form of
  915  identification as specified by the Department of Veterans’
  916  Affairs, and a copy of a valid marriage license or certificate
  917  verifying that he or she was lawfully married to the veteran at
  918  the time of discharge; or a business entity must provide to the
  919  agency proof that a veteran or the spouse of a veteran holds a
  920  majority ownership in the business, a copy of the veteran’s DD
  921  Form 214, as issued by the United States Department of Defense,
  922  or another acceptable form of identification as specified by the
  923  Department of Veterans’ Affairs, and, if applicable, a copy of a
  924  valid marriage license or certificate verifying that the spouse
  925  of the veteran was lawfully married to the veteran at the time
  926  of discharge.
  927         Section 26. Subsection (3) of section 559.904, Florida
  928  Statutes, is amended to read:
  929         559.904 Motor vehicle repair shop registration;
  930  application; exemption.—
  931         (3)(a) Each application for registration must be
  932  accompanied by a registration fee calculated on a per-year basis
  933  as follows:
  934         1.(a) If the place of business has 1 to 5 employees: $50.
  935         2.(b) If the place of business has 6 to 10 employees: $150.
  936         3.(c) If the place of business has 11 or more employees:
  937  $300.
  938         (b) The department shall waive the initial registration fee
  939  for an honorably discharged veteran of the United States Armed
  940  Forces, the spouse of such a veteran, or a business entity that
  941  has a majority ownership held by such a veteran or spouse if the
  942  department receives an application, in a format prescribed by
  943  the department, within 60 months after the date of the veteran’s
  944  discharge from any branch of the United States Armed Forces. To
  945  qualify for the waiver, a veteran must provide to the department
  946  a copy of his or her DD Form 214, as issued by the United States
  947  Department of Defense, or another acceptable form of
  948  identification as specified by the Department of Veterans’
  949  Affairs; the spouse of a veteran must provide to the department
  950  a copy of the veteran’s DD Form 214, as issued by the United
  951  States Department of Defense, or another acceptable form of
  952  identification as specified by the Department of Veterans’
  953  Affairs, and a copy of a valid marriage license or certificate
  954  verifying that he or she was lawfully married to the veteran at
  955  the time of discharge; or a business entity must provide to the
  956  department proof that a veteran or the spouse of a veteran holds
  957  a majority ownership in the business, a copy of the veteran’s DD
  958  Form 214, as issued by the United States Department of Defense
  959  or another acceptable form of identification as specified by the
  960  Department of Veterans’ Affairs, and, if applicable, a copy of a
  961  valid marriage license or certificate verifying that the spouse
  962  of the veteran was lawfully married to the veteran at the time
  963  of discharge.
  964         Section 27. Subsections (1), (7), (8), (10), (11), and (13)
  965  of section 559.927, Florida Statutes, are amended to read:
  966         559.927 Definitions.—For the purposes of this part, the
  967  term:
  968         (1) “Accommodations” means any hotel or motel room,
  969  condominium or cooperative unit, cabin, lodge, or apartment; any
  970  other commercial structure designed for occupancy by one or more
  971  individuals; or any lodging establishment as provided by law.
  972  The term does not include long-term home rentals covered under a
  973  lease pursuant to chapter 83.
  974         (7) “Prearranged travel or, tourist-related services, or
  975  tour-guide services” includes, but is not limited to, car
  976  rentals, lodging, transfers, and sightseeing tours and all other
  977  such services that which are reasonably related to air, sea,
  978  rail, motor coach, or other medium of transportation, or
  979  accommodations for which a purchaser receives a premium or
  980  contracts or pays before prior to or after departure. This term
  981  These terms also includes include services for which a
  982  purchaser, whose legal residence is outside the United States,
  983  contracts or pays before prior to departure, and any arrangement
  984  by which a purchaser prepays for, receives a reservation or any
  985  other commitment to provide services before prior to departure
  986  for, or otherwise arranges for travel directly to a terrorist
  987  state and which originates in Florida.
  988         (8) “Purchaser” means the purchaser of, or person otherwise
  989  entitled to receive, prearranged travel or, tourist-related
  990  services, or tour-guide services, for a fee or commission, or
  991  who has acquired a vacation certificate for personal use.
  992         (10) “Satisfactory consumer complaint history” means no
  993  unresolved complaints regarding prearranged travel or, tourist
  994  related services, or tour-guide services are on file with the
  995  department. A complaint is unresolved when a seller of travel
  996  does not respond to the department’s efforts to mediate the
  997  complaint or a complaint where the department has determined
  998  that a violation of this part has occurred and the complainant
  999  complaint has not been satisfied by the seller of travel.
 1000         (11) “Seller of travel” means any resident or nonresident
 1001  person, firm, corporation, or business entity who offers for
 1002  sale, directly or indirectly, at wholesale or retail,
 1003  prearranged travel or, tourist-related services, or tour-guide
 1004  services for individuals or groups, including, but not limited
 1005  to, vacation or tour packages, or vacation certificates in
 1006  exchange for a fee, commission, or other valuable consideration.
 1007  The term includes any business entity offering membership in a
 1008  travel club or travel services for an advance fee or payment,
 1009  even if no travel contracts or certificates or vacation or tour
 1010  packages are sold by the business entity.
 1011         (13) “Vacation certificate” means any advance travel
 1012  purchase arrangement, plan, program, or vacation package that
 1013  promotes, discusses, or discloses a destination or itinerary or
 1014  type of travel, whereby a purchaser for consideration paid in
 1015  advance is entitled to the use of travel, accommodations, or
 1016  facilities for any number of days, whether certain or uncertain,
 1017  during the period in which the certificate can be exercised, and
 1018  no specific date or dates for its use are designated. A vacation
 1019  certificate does not include prearranged travel or, tourist
 1020  related services, or tour-guide services when a seller of travel
 1021  remits full payment for the cost of such services to the
 1022  provider or supplier within 10 business days of the purchaser’s
 1023  initial payment to the seller of travel. The term does not
 1024  include travel if exact travel dates are selected, guaranteed,
 1025  and paid for at the time of the purchase.
 1026         Section 28. Section 559.928, Florida Statutes, is amended
 1027  to read:
 1028         559.928 Registration.—
 1029         (1) Each seller of travel shall annually register with the
 1030  department, providing: its legal business or trade name, mailing
 1031  address, and business locations; the full names, addresses, and
 1032  telephone numbers of its owners or corporate officers and
 1033  directors and the Florida agent of the corporation; a statement
 1034  whether it is a domestic or foreign corporation, its state and
 1035  date of incorporation, its charter number, and, if a foreign
 1036  corporation, the date it registered with this state, and
 1037  business tax receipt where applicable; the date on which a
 1038  seller of travel registered its fictitious name if the seller of
 1039  travel is operating under a fictitious or trade name; the name
 1040  of all other corporations, business entities, and trade names
 1041  through which each owner of the seller of travel operated, was
 1042  known, or did business as a seller of travel within the
 1043  preceding 5 years; a list of all authorized independent agents,
 1044  including the agent’s trade name, full name, mailing address,
 1045  business address, and telephone numbers; the business location
 1046  and address of each branch office and full name and address of
 1047  the manager or supervisor; the certification required under s.
 1048  559.9285; and proof of purchase of adequate bond as required in
 1049  this part. A certificate evidencing proof of registration shall
 1050  be issued by the department and must be prominently displayed in
 1051  the seller of travel’s primary place of business.
 1052         (2)(a) Registration fees shall be as follows:
 1053         1. Three hundred dollars per year per registrant certifying
 1054  its business activities under s. 559.9285(1)(a).
 1055         2. One thousand dollars per year per registrant certifying
 1056  its business activities under s. 559.9285(1)(b).
 1057         3. Twenty-five hundred dollars per year per registrant
 1058  certifying its business activities under s. 559.9285(1)(c).
 1059         (b) All amounts collected shall be deposited by the Chief
 1060  Financial Officer to the credit of the General Inspection Trust
 1061  Fund of the Department of Agriculture and Consumer Services
 1062  pursuant to s. 570.20, for the sole purpose of administration of
 1063  this part.
 1064         (c) The department shall waive the initial registration fee
 1065  for an honorably discharged veteran of the United States Armed
 1066  Forces, the spouse of such a veteran, or a business entity that
 1067  has a majority ownership held by such a veteran or spouse if the
 1068  department receives an application, in a format prescribed by
 1069  the department, within 60 months after the date of the veteran’s
 1070  discharge from any branch of the United States Armed Forces. To
 1071  qualify for the waiver, a veteran must provide to the department
 1072  a copy of his or her DD Form 214, as issued by the United States
 1073  Department of Defense, or another acceptable form of
 1074  identification as specified by the Department of Veterans’
 1075  Affairs; the spouse of a veteran must provide to the department
 1076  a copy of the veteran’s DD Form 214, as issued by the United
 1077  States Department of Defense, or another acceptable form of
 1078  identification as specified by the Department of Veterans’
 1079  Affairs, and a copy of a valid marriage license or certificate
 1080  verifying that he or she was lawfully married to the veteran at
 1081  the time of discharge; or a business entity must provide to the
 1082  department proof that a veteran or the spouse of a veteran holds
 1083  a majority ownership in the business, a copy of the veteran’s DD
 1084  Form 214, as issued by the United States Department of Defense,
 1085  or another acceptable form of identification as specified by the
 1086  Department of Veterans’ Affairs, and, if applicable, a copy of a
 1087  valid marriage license or certificate verifying that the spouse
 1088  of the veteran was lawfully married to the veteran at the time
 1089  of discharge.
 1090         (3) Each independent agent shall annually file an affidavit
 1091  with the department before prior to engaging in business in this
 1092  state. This affidavit must include the independent agent’s full
 1093  name, legal business or trade name, mailing address, business
 1094  address, telephone number, and the name and address of each
 1095  seller of travel represented by the independent agent. A letter
 1096  evidencing proof of filing must be issued by the department and
 1097  must be prominently displayed in the independent agent’s primary
 1098  place of business. Each independent agent must also submit an
 1099  annual registration fee of $50. All moneys collected pursuant to
 1100  the imposition of the fee shall be deposited by the Chief
 1101  Financial Officer into the General Inspection Trust Fund of the
 1102  Department of Agriculture and Consumer Services for the sole
 1103  purpose of administrating this part. As used in this subsection,
 1104  the term “independent agent” means a person who represents a
 1105  seller of travel by soliciting persons on its behalf; who has a
 1106  written contract with a seller of travel which is operating in
 1107  compliance with this part and any rules adopted thereunder; who
 1108  does not receive a fee, commission, or other valuable
 1109  consideration directly from the purchaser for the seller of
 1110  travel; who does not at any time have any unissued ticket stock
 1111  or travel documents in his or her possession; and who does not
 1112  have the ability to issue tickets, vacation certificates, or any
 1113  other travel document. The term “independent agent” does not
 1114  include an affiliate of the seller of travel, as that term is
 1115  used in s. 559.935(3), or the employees of the seller of travel
 1116  or of such affiliates.
 1117         (4) Any person applying for or renewing a local business
 1118  tax receipt to engage in business as a seller of travel must
 1119  exhibit a current registration certificate from the department
 1120  before the local business tax receipt may be issued or reissued.
 1121         (5) Each contract, advertisement, or certificate, or any
 1122  other travel document, of a seller of travel must include the
 1123  phrase “...(NAME OF FIRM)... is registered with the State of
 1124  Florida as a Seller of Travel. Registration No......”
 1125         (6) Each advertisement of a seller of travel must include
 1126  the phrase “Fla. Seller of Travel Reg. No......”
 1127         (6)(7)A No registration is not shall be valid for any
 1128  seller of travel transacting business at any place other than
 1129  that designated in its application, unless the department is
 1130  first notified in writing in advance of any change of location.
 1131  A Nor shall the registration is not be valid for an affiliate of
 1132  the seller of travel who engages in the prearranged travel and
 1133  tourist business. A registration issued under this part may
 1134  shall not be assignable, and the seller of travel may shall not
 1135  be permitted to conduct business under more than one name except
 1136  as registered. A seller of travel desiring to change its
 1137  registered name or location or designated agent for service of
 1138  process at a time other than upon renewal of registration shall
 1139  notify the department of such change.
 1140         (7)(8) Applications under this section are shall be subject
 1141  to the provisions of s. 120.60.
 1142         (8)(9) The department may deny, or refuse to renew, or
 1143  revoke the registration of any seller of travel based upon a
 1144  determination that the seller of travel, or any of its
 1145  directors, officers, owners, or general partners:
 1146         (a) Has failed to meet the requirements for registration as
 1147  provided in this part;
 1148         (b) Has been convicted of a crime involving fraud, theft,
 1149  embezzlement, dishonest dealing, or any other act of moral
 1150  turpitude or any other act arising out of conduct as a seller of
 1151  travel;
 1152         (c) Has not satisfied a civil fine or penalty arising out
 1153  of any administrative or enforcement action brought by any
 1154  governmental agency or private person based upon conduct
 1155  involving fraud, theft, embezzlement, dishonest dealing, or any
 1156  violation of this part;
 1157         (d) Has pending against her or him any criminal,
 1158  administrative, or enforcement proceedings in any jurisdiction,
 1159  based upon conduct involving fraud, theft, embezzlement,
 1160  dishonest dealing, or any other act of moral turpitude or any
 1161  other act arising out of conduct as a seller of travel; or
 1162         (e) Has had a judgment entered against her or him in any
 1163  action brought by the department or the Department of Legal
 1164  Affairs pursuant to ss. 501.201-501.213 or this act part.
 1165         Section 29. Subsections (2) and (6) of section 559.929,
 1166  Florida Statutes, are amended to read:
 1167         559.929 Security requirements.—
 1168         (2) The bond must be filed with the department on a form
 1169  adopted by department rule and must be in favor of the
 1170  department for the use and benefit of a traveler who is injured
 1171  by the fraud, misrepresentation, breach of contract, or
 1172  financial failure, or any other violation of this part by the
 1173  seller of travel. Such liability may be enforced by proceeding
 1174  in an administrative action as specified in subsection (3) or by
 1175  filing a civil action. However, in such civil action the bond
 1176  posted with the department may shall not be amenable or subject
 1177  to a judgment or other legal process issuing out of or from such
 1178  court in connection with such civil action, but such bond shall
 1179  be amenable to and enforceable only by and through
 1180  administrative proceedings before the department. It is the
 1181  intent of the Legislature that such bond be applicable and
 1182  liable only for the payment of claims duly adjudicated by order
 1183  of the department. The bond must be open to successive claims,
 1184  but the aggregate amount awarded may not exceed the amount of
 1185  the bond. In addition to the foregoing, a bond provided by a
 1186  registrant or applicant for registration which certifies its
 1187  business activities under s. 559.9285(1)(b) or (c) must be in
 1188  favor of the department, with payment in the following order of
 1189  priority:
 1190         (a) The expenses for prosecuting the registrant or
 1191  applicant in an administrative or civil action under this part,
 1192  including attorney fees and fees for other professionals, court
 1193  costs or other costs of the proceedings, and all other expenses
 1194  incidental to the action.
 1195         (b) The costs and expenses of investigation before the
 1196  commencement of an administrative or civil action under this
 1197  part.
 1198         (c) An unpaid administrative fine imposed by final order or
 1199  an unpaid civil penalty imposed by final judgment under this
 1200  part.
 1201         (d) Damages or compensation for a traveler injured as
 1202  provided in this subsection.
 1203         (6) The department may waive the bond requirement on an
 1204  annual basis if the seller of travel has had 5 or more
 1205  consecutive years of experience as a seller of travel in this
 1206  state in compliance with this part, has not had a civil,
 1207  criminal, or administrative action instituted against the seller
 1208  of travel in the vacation and travel business by a governmental
 1209  agency or an action involving fraud, theft, misappropriation of
 1210  property, violation of a statute pertaining to business or
 1211  commerce with a terrorist state, or moral turpitude, or other
 1212  violation of this part and has a satisfactory consumer complaint
 1213  history with the department, and certifies its business
 1214  activities under s. 559.9285. Such waiver may be revoked if the
 1215  seller of travel violates this part. A seller of travel which
 1216  certifies its business activities under s. 559.9285(1)(b) or (c)
 1217  is not entitled to the waiver provided in this subsection.
 1218         Section 30. Subsections (10), (14), and (17) of section
 1219  559.9295, Florida Statutes, are amended to read:
 1220         559.9295 Submission of vacation certificate documents.
 1221  Sellers of travel who offer vacation certificates must submit
 1222  and disclose to the department with the application for
 1223  registration, and any time such document is changed, but prior
 1224  to the sale of any vacation certificate, the following
 1225  materials:
 1226         (10) A statement of the number of certificates to be issued
 1227  and the date of their expiration.
 1228         (13)(14) A listing of the full name, address, and telephone
 1229  number of each person through which the distribution and sale of
 1230  vacation certificates is to be carried out, including the number
 1231  of vacation certificates allocated or sold to each such person
 1232  and the name and address of a Florida registered agent for
 1233  service of process.
 1234         (17) Within 10 working days after receipt of any materials
 1235  submitted subsequent to filing an initial registration
 1236  application or any annual renewal thereof, the department shall
 1237  determine whether such materials are adequate to meet the
 1238  requirements of this section. The department shall notify the
 1239  seller of travel that materials submitted are in substantial
 1240  compliance, or shall notify the seller of travel of any specific
 1241  deficiencies. If the department fails to notify the seller of
 1242  travel of its determination within the period specified in this
 1243  subsection, the materials shall be deemed in compliance;
 1244  however, the failure of the department to send notification in
 1245  either case will not relieve the seller of travel from the duty
 1246  of complying with this section. Neither the submission of these
 1247  materials nor the department’s response implies approval,
 1248  recommendation, or endorsement by the department or that the
 1249  contents of said materials have been verified by the department.
 1250         Section 31. Section 559.932, Florida Statutes, is amended
 1251  to read:
 1252         559.932 Vacation certificate disclosure.—
 1253         (1) A It shall be unlawful for any seller of travel must to
 1254  fail to provide each person solicited with a contract that
 1255  includes which shall include the following in a 10-point font,
 1256  unless otherwise specified:
 1257         (a) A space for the date, name, address, and signature of
 1258  the purchaser.
 1259         (b) The expiration date of the vacation certificate and the
 1260  terms and conditions of its extension or renewal, if available.
 1261         (c) The name and business address of any seller of travel
 1262  who may solicit vacation certificate purchasers for further
 1263  purchases, and a full and complete statement as to the nature
 1264  and method of that solicitation.
 1265         (d) The total financial obligation of the purchaser which
 1266  shall include the initial purchase price and any additional
 1267  charges to which the purchaser may be subject, including, but
 1268  not limited to, any per diem, seasonal, reservation, or
 1269  recreational charge.
 1270         (e) The name and street address of any person who has the
 1271  right to alter, amend, or add to the charges to which the
 1272  purchaser may be subject and the terms and conditions under
 1273  which such charges may be imposed.
 1274         (f) If any accommodation or facility which a purchaser
 1275  acquires the right to use pursuant to the vacation certificate
 1276  is not completed at the time the certificate is offered for
 1277  sale, the date of availability of each component of the
 1278  accommodation or facility.
 1279         (g) By means of a section entitled “terms and conditions”:
 1280         1. All eligibility requirements for use of the vacation
 1281  certificate, including, but not limited to, age, sex, marital
 1282  status, group association, residency, or geographic limitations.
 1283         2. All eligibility requirements for use of any discount or
 1284  complimentary coupon or ticket.
 1285         3. A statement as to whether transportation and meals are
 1286  provided pursuant to use of the certificate.
 1287         4. Any room deposit requirement, including all conditions
 1288  for its return or refund.
 1289         5. The manner in which reservation requests are to be made
 1290  and the method by which they are to be confirmed.
 1291         6. Any identification, credential, or other means by which
 1292  a purchaser must establish her or his entitlement to the rights,
 1293  benefits, or privileges of the vacation certificate.
 1294         7. Any restriction or limitation upon transfer of the
 1295  vacation certificate or any right, benefit, or privilege
 1296  thereunder.
 1297         8. Any other term, limitation, condition, or requirement
 1298  material to use of the vacation certificate or any right,
 1299  benefit, or privilege thereunder.
 1300         (h) In immediate proximity to the space reserved in the
 1301  contract for the date and the name, address, and signature of
 1302  the purchaser, the following statement in boldfaced type of a
 1303  size of 10 points:
 1304  
 1305         “YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR
 1306  OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT
 1307  OF THE VACATION CERTIFICATE, WHICHEVER OCCURS LATER.”
 1308         “YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMMODATIONS OR
 1309  FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS
 1310  PROVIDED IN THE CONTRACT.”
 1311         “IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN
 1312  WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATE
 1313  AND SENDING NOTICE TO: ...(NAME OF SELLER)... AT ...(SELLER’S
 1314  ADDRESS)....”
 1315  
 1316         (i) In immediate proximity to the statement required in
 1317  paragraph (h), the following statement in boldfaced type of a
 1318  size of 12 10 points:
 1319  
 1320         “NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN
 1321  THOSE INCLUDED IN THIS CONTRACT.”
 1322  
 1323  However, inclusion of this statement shall not impair any
 1324  purchaser’s right to bring legal action based on verbal
 1325  statements.
 1326         (j) In immediate proximity to the statement required in
 1327  paragraph (i), the following statement:
 1328         “This contract is for the purchase of a vacation
 1329  certificate and puts all assignees on notice of the consumer’s
 1330  right to cancel under section 559.933, Florida Statutes.”
 1331         (2) If a sale or agreement to purchase a vacation
 1332  certificate is completed over the telephone, the seller shall
 1333  inform the purchaser over the telephone that:
 1334         (a) The purchaser may cancel the contract without any
 1335  penalty or obligation within 30 days from the date of purchase
 1336  or receipt of the vacation certificate, whichever occurs later.
 1337         (b) The purchaser may also cancel the contract if
 1338  accommodations or facilities are not available upon request for
 1339  use as provided in the contract.
 1340         (3) Upon receipt of a copy of a vacation certificate or
 1341  contract required pursuant to s. 559.9295, the department must
 1342  review the certificate or contract for compliance with the
 1343  disclosures required under this section.
 1344         Section 32. Section 559.933, Florida Statutes, is amended
 1345  to read:
 1346         559.933 Vacation certificate cancellation and refund
 1347  provisions.—
 1348         (1) A It shall be unlawful for any seller of travel or
 1349  assignee must honor a purchaser’s request to cancel a vacation
 1350  certificate if such request is made:
 1351         (1) To fail or refuse to honor a purchaser’s vacation
 1352  certificate request to cancel if such request is made:
 1353         (a) Within 30 days after from the date of purchase or
 1354  receipt of the vacation certificate, whichever occurs later; or
 1355         (b) At any time accommodations or facilities are not
 1356  available pursuant to a request for use as provided in the
 1357  contract, provided that:
 1358         1. The contract may shall not require notice greater than
 1359  60 days in advance of the date requested for use;
 1360         2. If acceptable to the purchaser, comparable alternate
 1361  accommodations or facilities in a city, or reservations for a
 1362  date different than that requested, may be provided.
 1363         (2) A seller of travel or assignee must To fail to refund
 1364  any and all payments made by the vacation certificate purchaser
 1365  within 30 days after receipt of the certificate and notice of
 1366  cancellation made pursuant to this section, if the purchaser has
 1367  not received any benefits pursuant to the vacation certificate.
 1368         (3) A seller of travel or assignee must, if the purchaser
 1369  has received any benefits pursuant to the vacation certificate,
 1370  to fail to refund within 30 days after receipt of the
 1371  certificate and notice of cancellation made pursuant to this
 1372  section any and all payments made by the purchaser which exceed
 1373  a pro rata portion of the total price, representing the portion
 1374  of any benefits actually received by the vacation certificate
 1375  purchaser during the time preceding cancellation.
 1376         (4) If Where any purchaser has received confirmation of
 1377  reservations in advance and is refused accommodations upon
 1378  arrival, a seller of travel or assignee must to fail to procure
 1379  comparable alternate accommodations for the purchaser in the
 1380  same city at no expense to the purchaser, or to fail to fully
 1381  compensate the purchaser for the room rate incurred in securing
 1382  comparable alternate accommodations himself or herself.
 1383         (5) A seller of travel or assignee may not To collect more
 1384  than the full contract price from the purchaser.
 1385         (6) A seller of travel or assignee may not To sell, assign,
 1386  or otherwise transfer any interest in a seller of travel
 1387  business, or to sell, assign, or otherwise transfer to a third
 1388  party any interest in any vacation certificate unless:
 1389         (a) The third party agrees in writing to fully honor the
 1390  rights of vacation certificate purchasers to cancel and to
 1391  receive an appropriate refund or reimbursement as provided in
 1392  this section.
 1393         (b) The third party agrees in writing to comply with all
 1394  other provisions of this part for as long as the third party
 1395  continues the sale of vacation certificates or for the duration
 1396  of the period of validity of outstanding vacation certificates,
 1397  whichever is longer in time.
 1398         (c) The seller of travel agrees to be liable for and fully
 1399  indemnify a purchaser from any loss occasioned by the failure of
 1400  the third party to honor the purchaser’s right to cancel and
 1401  failure to make prompt and complete refund to the purchaser of
 1402  all sums paid to the third party, or occasioned by the third
 1403  party’s failure to comply with the provisions of this part.
 1404         (7) A seller of travel or assignee must To fail to fulfill
 1405  the terms of a vacation certificate within 18 months after of
 1406  the initial payment of any consideration by the purchaser to a
 1407  seller of travel or third party.
 1408         Section 33. Section 559.9335, Florida Statutes, is amended
 1409  to read:
 1410         559.9335 Violations.—It is a violation of this part for any
 1411  seller of travel, independent agent, or other person:
 1412         (1) To conduct business as a seller of travel without
 1413  registering annually with the department unless exempt pursuant
 1414  to s. 559.935.
 1415         (2) To conduct business as a seller of travel without an
 1416  annual purchase of a performance bond in the amount set by the
 1417  department unless exempt pursuant to s. 559.935.
 1418         (3) Knowingly to make any false statement, representation,
 1419  or certification in any application, document, or record
 1420  required to be submitted or retained under this part or in any
 1421  response to an inquiry or investigation conducted by the
 1422  department or any other governmental agency.
 1423         (4) Knowingly to sell or market any number of vacation
 1424  certificates that exceed the accommodations available at the
 1425  time of sale the number disclosed to the department pursuant to
 1426  this section.
 1427         (5) Knowingly to sell or market vacation certificates with
 1428  an expiration date of more than 18 months from the date of
 1429  issuance.
 1430         (6) Knowingly to require, request, encourage, or suggest,
 1431  directly or indirectly, that payment for the right to obtain a
 1432  travel contract, certificate, or vacation package must be by
 1433  credit card authorization or to otherwise announce a preference
 1434  for that method of payment over any other when no correct and
 1435  true explanation for such preference is likewise stated.
 1436         (6)(7) Knowingly to state, represent, indicate, suggest, or
 1437  imply, directly or indirectly, that the travel contract,
 1438  certificate, or vacation package being offered by the seller of
 1439  travel cannot be purchased at some later time or may not
 1440  otherwise be available after the initial contact, or that
 1441  callbacks by the prospective purchaser are not accepted, when no
 1442  such restrictions or limitations in fact exist.
 1443         (7)(8) To misrepresent in any manner the purchaser’s right
 1444  to cancel and to receive an appropriate refund or reimbursement
 1445  as provided by this part.
 1446         (8)(9) To sell any vacation certificate the duration of
 1447  which exceeds the duration of any agreement between the seller
 1448  and any business entity obligated thereby to provide
 1449  accommodations or facilities pursuant to the vacation
 1450  certificate.
 1451         (9)(10) To misrepresent or deceptively represent:
 1452         (a) The amount of time or period of time accommodations or
 1453  facilities will be available.
 1454         (b) The location of accommodations or facilities offered.
 1455         (c) The price, size, nature, extent, qualities, or
 1456  characteristics of accommodations or facilities offered.
 1457         (d) The nature or extent of other goods, services, or
 1458  amenities offered.
 1459         (e) A purchaser’s rights, privileges, or benefits.
 1460         (f) The conditions under which the purchaser may obtain a
 1461  reservation for the use of offered accommodations or facilities.
 1462         (g) That the recipient of an advertisement or promotional
 1463  materials is a winner, or has been selected, or is otherwise
 1464  being involved in a select group for receipt, of a gift, award,
 1465  or prize, unless this fact is the truth.
 1466         (10)(11) To fail to inform a purchaser of a nonrefundable
 1467  cancellation policy before prior to the seller of travel
 1468  accepting any fee, commission, or other valuable consideration.
 1469         (12) To fail to include, when offering to sell a vacation
 1470  certificate, in any advertisement or promotional material, the
 1471  following statement: “This is an offer to sell travel.”
 1472         (11)(13) To fail to honor and comply with all provisions of
 1473  the vacation certificate regarding the purchaser’s rights,
 1474  benefits, and privileges thereunder.
 1475         (12)(14)(a) To include in any vacation certificate or
 1476  contract any provision purporting to waive or limit any right or
 1477  benefit provided to purchasers under this part; or
 1478         (b) To seek or solicit such waiver or acceptance of
 1479  limitation from a purchaser concerning rights or benefits
 1480  provided under this part.
 1481         (13)(15) To offer vacation certificates for any
 1482  accommodation or facility for which there is no contract with
 1483  the owner of the accommodation or facility securing the
 1484  purchaser’s right to occupancy and use, unless the seller is the
 1485  owner.
 1486         (16) To use a local mailing address, registration facility,
 1487  drop box, or answering service in the promotion, advertising,
 1488  solicitation, or sale of vacation certificates, unless the
 1489  seller’s fixed business address is clearly disclosed during any
 1490  telephone solicitation and is prominently and conspicuously
 1491  disclosed on all solicitation materials and on the contract.
 1492         (14)(17) To use any registered trademark, trade name, or
 1493  trade logo in any promotional, advertising, or solicitation
 1494  materials without written authorization from the holder of such
 1495  trademark, trade name, or trade logo.
 1496         (15)(18) To represent, directly or by implication, any
 1497  affiliation with, or endorsement by, any governmental,
 1498  charitable, educational, medical, religious, fraternal, or civic
 1499  organization or body, or any individual, in the promotion,
 1500  advertisement, solicitation, or sale of vacation certificates
 1501  without express written authorization.
 1502         (16)(19) To sell a vacation certificate to any purchaser
 1503  who is ineligible for its use.
 1504         (20) To sell any number of vacation certificates exceeding
 1505  the number disclosed pursuant to this part.
 1506         (17)(21) During the period of a vacation certificate’s
 1507  validity, in the event, for any reason whatsoever, of lapse or
 1508  breach of an agreement for the provision of accommodations or
 1509  facilities to purchasers, to fail to procure similar agreement
 1510  for the provision of comparable alternate accommodations or
 1511  facilities in the same city or surrounding area.
 1512         (18)(22) To offer to sell, at wholesale or retail,
 1513  prearranged travel or, tourist-related services, or tour-guide
 1514  services for individuals or groups directly to any terrorist
 1515  state and which originate in Florida, without disclosing such
 1516  business activities in a certification filed under s.
 1517  559.9285(1)(b) or (c).
 1518         (19)(23) To violate any state or federal law restricting or
 1519  prohibiting commerce with terrorist states.
 1520         (20)(24) To engage in do any other fraudulent action that
 1521  act which constitutes fraud, misrepresentation, or failure to
 1522  disclose a material fact, or to commit any other violation of,
 1523  or fail to comply with, this part.
 1524         (21)(25) To refuse or fail, or for any of its principal
 1525  officers to refuse or fail, after notice, to produce any
 1526  document or record or disclose any information required to be
 1527  produced or disclosed.
 1528         (22)(26) Knowingly to make a material false statement in
 1529  response to any request or investigation by the department, the
 1530  Department of Legal Affairs, or the state attorney.
 1531         Section 34. Subsections (3) and (4) of section 559.935,
 1532  Florida Statutes, are amended to read:
 1533         559.935 Exemptions.—
 1534         (3) Sections 559.928, 559.929, 559.9295, 559.931, and
 1535  559.932 shall also do not apply to a seller of travel that is an
 1536  affiliate of an entity exempt pursuant to subsection (2) subject
 1537  to the following conditions:
 1538         (a) If In the event the department finds the affiliate does
 1539  not have a satisfactory consumer complaint history or the
 1540  affiliate fails to respond to a consumer complaint within 30
 1541  days, the related seller of travel exempt pursuant to subsection
 1542  (2) is shall be liable for the actions of the affiliate, subject
 1543  to the remedies provided in ss. 559.9355 and 559.936.
 1544         (b) If In the event the department is unable to locate an
 1545  affiliate, the related seller of travel exempt pursuant to
 1546  subsection (2) is shall be fully liable for the actions of the
 1547  affiliate, subject to the remedies provided in ss. 559.9355 and
 1548  559.936.
 1549         (c) In order to obtain an exemption under this subsection,
 1550  the affiliate shall file an affidavit of exemption on a form
 1551  prescribed by the department and shall certify its business
 1552  activities under s. 559.9285(1)(a). The affidavit of exemption
 1553  shall be executed by a person who exercises identical control
 1554  over the seller of travel exempt pursuant to subsection (2) and
 1555  the affiliate. Failure to file an affidavit of exemption or
 1556  certification under s. 559.9285(1)(a) prior to engaging in
 1557  seller of travel activities shall subject the affiliate to the
 1558  remedies provided in ss. 559.9355 and 559.936.
 1559         (c)(d) Revocation by the department of an exemption
 1560  provided to a seller of travel under subsection (2) shall
 1561  constitute automatic revocation by law of an exemption obtained
 1562  by an affiliate under the subsection.
 1563         (d)(e) This subsection does shall not apply to:
 1564         1. An affiliate that independently qualifies for another
 1565  exemption under this section.
 1566         2. An affiliate that sells, or offers for sale, vacation
 1567  certificates.
 1568         3. An affiliate that certifies its business activities
 1569  under s. 559.9285(1)(b) or (c).
 1570         (e)(f) For purposes of this section, the term an
 1571  “affiliate” means an entity that meets the following:
 1572         1. The entity has the identical ownership as the seller of
 1573  travel that is exempt under subsection (2).
 1574         2. The ownership controlling the seller of travel that is
 1575  exempt under subsection (2) also exercises identical control
 1576  over the entity.
 1577         3. The owners of the affiliate hold the identical
 1578  percentage of voting shares as they hold in the seller of travel
 1579  that is exempt under subsection (2).
 1580         (4) The department may revoke the exemption provided in
 1581  subsection (2) or subsection (3) if the department finds that
 1582  the seller of travel does not have a satisfactory consumer
 1583  complaint history, has been convicted of a crime involving
 1584  fraud, theft, embezzlement, misappropriation of property,
 1585  deceptive or unfair trade practices, or moral turpitude, or has
 1586  not complied with the terms of any order or settlement agreement
 1587  arising out of an administrative or enforcement action brought
 1588  by a governmental agency or private person based on conduct
 1589  involving fraud, theft, embezzlement, misappropriation of
 1590  property, deceptive or unfair trade practices, or moral
 1591  turpitude.
 1592         Section 35. Subsection (3) of section 559.936, Florida
 1593  Statutes, is amended to read:
 1594         559.936 Civil penalties; remedies.—
 1595         (3) The department may seek a civil penalty in the Class
 1596  III category pursuant to s. 570.971 for each act or omission in
 1597  violation of s. 559.9335(18) or (19) s. 559.9335(22) or (23).
 1598         Section 36. Paragraph (b) of subsection (5), paragraph (a)
 1599  of subsection (10), and subsections (15) and (16) of section
 1600  616.242, Florida Statutes, are amended to read:
 1601         616.242 Safety standards for amusement rides.—
 1602         (5) ANNUAL PERMIT.—
 1603         (b) To apply for an annual permit, an owner must submit to
 1604  the department a written application on a form prescribed by
 1605  rule of the department, which must include the following:
 1606         1. The legal name, address, and primary place of business
 1607  of the owner.
 1608         2. A description, manufacturer’s name, serial number, model
 1609  number and, if previously assigned, the United States Amusement
 1610  Identification Number of the amusement ride.
 1611         3. A valid certificate of insurance or bond for each
 1612  amusement ride.
 1613         4. An affidavit of compliance that the amusement ride was
 1614  inspected in person by the affiant and that the amusement ride
 1615  is in general conformance with the requirements of this section
 1616  and all applicable rules adopted by the department. The
 1617  affidavit must be executed by a professional engineer or a
 1618  qualified inspector no earlier than 60 days before, but not
 1619  later than, the date of the filing of the application with the
 1620  department. The owner shall request inspection and permitting of
 1621  the amusement ride within 60 days of the date of filing the
 1622  application with the department. The department shall inspect
 1623  and permit the amusement ride within 60 days after filing the
 1624  application with the department.
 1625         5. If required by subsection (6), an affidavit of
 1626  nondestructive testing dated and executed no earlier than 60
 1627  days before prior to, but not later than, the date of the filing
 1628  of the application with the department. The owner shall request
 1629  inspection and permitting of the amusement ride within 60 days
 1630  of the date of filing the application with the department. The
 1631  department shall inspect and permit the amusement ride within 60
 1632  days after filing the application with the department.
 1633         6. A request for inspection.
 1634         7. Upon request, the owner shall, at no cost to the
 1635  department, provide the department a copy of the manufacturer’s
 1636  current recommended operating instructions in the possession of
 1637  the owner, the owner’s operating fact sheet, and any written
 1638  bulletins in the possession of the owner concerning the safety,
 1639  operation, or maintenance of the amusement ride.
 1640         (10) EXEMPTIONS.—
 1641         (a) This section does not apply to:
 1642         1. Permanent facilities that employ at least 1,000 full
 1643  time employees and that maintain full-time, in-house safety
 1644  inspectors. Furthermore, the permanent facilities must file an
 1645  affidavit of the annual inspection with the department, on a
 1646  form prescribed by rule of the department. Additionally, the
 1647  Department of Agriculture and Consumer Services may consult
 1648  annually with the permanent facilities regarding industry safety
 1649  programs.
 1650         2. Any playground operated by a school, local government,
 1651  or business licensed under chapter 509, if the playground is an
 1652  incidental amenity and the operating entity is not primarily
 1653  engaged in providing amusement, pleasure, thrills, or
 1654  excitement.
 1655         3. Museums or other institutions principally devoted to the
 1656  exhibition of products of agriculture, industry, education,
 1657  science, religion, or the arts.
 1658         4. Conventions or trade shows for the sale or exhibit of
 1659  amusement rides if there are a minimum of 15 amusement rides on
 1660  display or exhibition, and if any operation of such amusement
 1661  rides is limited to the registered attendees of the convention
 1662  or trade show.
 1663         5. Skating rinks, arcades, laser lazer or paint ball war
 1664  games, bowling alleys, miniature golf courses, mechanical bulls,
 1665  inflatable rides, trampolines, ball crawls, exercise equipment,
 1666  jet skis, paddle boats, airboats, helicopters, airplanes,
 1667  parasails, hot air or helium balloons whether tethered or
 1668  untethered, theatres, batting cages, stationary spring-mounted
 1669  fixtures, rider-propelled merry-go-rounds, games, side shows,
 1670  live animal rides, or live animal shows.
 1671         6. Go-karts operated in competitive sporting events if
 1672  participation is not open to the public.
 1673         7. Nonmotorized playground equipment that is not required
 1674  to have a manager.
 1675         8. Coin-actuated amusement rides designed to be operated by
 1676  depositing coins, tokens, credit cards, debit cards, bills, or
 1677  other cash money and which are not required to have a manager,
 1678  and which have a capacity of six persons or less.
 1679         9. Facilities described in s. 549.09(1)(a) when such
 1680  facilities are operating cars, trucks, or motorcycles only.
 1681         10. Battery-powered cars or other vehicles that are
 1682  designed to be operated by children 7 years of age or under and
 1683  that cannot exceed a speed of 4 miles per hour.
 1684         11. Mechanically driven vehicles that pull train cars,
 1685  carts, wagons, or other similar vehicles, that are not confined
 1686  to a metal track or confined to an area but are steered by an
 1687  operator and do not exceed a speed of 4 miles per hour.
 1688         12. A water-related amusement ride operated by a business
 1689  licensed under chapter 509 if the water-related amusement ride
 1690  is an incidental amenity and the operating business is not
 1691  primarily engaged in providing amusement, pleasure, thrills, or
 1692  excitement and does not offer day rates.
 1693         13. An amusement ride at a private, membership-only
 1694  facility if the amusement ride is an incidental amenity and the
 1695  facility is not open to the general public; is not primarily
 1696  engaged in providing amusement, pleasure, thrills, or
 1697  excitement; and does not offer day rates.
 1698         14. A nonprofit permanent facility registered under chapter
 1699  496 which is not open to the general public.
 1700         (15) INSPECTION BY OWNER OR MANAGER.—Before Prior to
 1701  opening on each day of operation and before prior to any
 1702  inspection by the department, the owner or manager of an
 1703  amusement ride must inspect and test the amusement ride to
 1704  ensure compliance with all requirements of this section. Each
 1705  inspection must be recorded on a form prescribed by rule of the
 1706  department and signed by the person who conducted the
 1707  inspection. In lieu of the form prescribed by rule of the
 1708  department, the owner or manager may request approval of an
 1709  alternative form if the alternative form includes, at a minimum,
 1710  the information required on the form prescribed by rule of the
 1711  department. Inspection records of the last 14 daily inspections
 1712  must be kept on site by the owner or manager and made
 1713  immediately available to the department upon request.
 1714         (16) TRAINING OF EMPLOYEES.—The owner or manager of an any
 1715  amusement ride shall maintain a record of employee training for
 1716  each employee authorized to operate, assemble, disassemble,
 1717  transport, or conduct maintenance on an amusement ride, on a
 1718  form prescribed by rule of the department. In lieu of the form
 1719  prescribed by rule of the department, the owner or manager may
 1720  request approval of an alternative form if the alternative form
 1721  includes, at a minimum, the information required on the form
 1722  prescribed by rule of the department. The training record must
 1723  be kept on site by the owner or manager and made immediately
 1724  available to the department upon request. Training may not be
 1725  conducted when an amusement ride is open to the public unless
 1726  the training is conducted under the supervision of an employee
 1727  who is trained in the operation of that ride. The owner or
 1728  manager shall certify that each employee is trained, as required
 1729  by this section and any rules adopted thereunder, on the
 1730  amusement ride for which the employee is responsible.
 1731         Section 37. Subsections (1), (2), (5), (7), and (13) of
 1732  section 713.585, Florida Statutes, are amended to read:
 1733         713.585 Enforcement of lien by sale of motor vehicle.—A
 1734  person claiming a lien under s. 713.58 for performing labor or
 1735  services on a motor vehicle may enforce such lien by sale of the
 1736  vehicle in accordance with the following procedures:
 1737         (1) The lienor must give notice, by certified mail, return
 1738  receipt requested, within 7 15 business days, excluding Saturday
 1739  and Sunday, from the beginning date of the assessment of storage
 1740  charges on said motor vehicle, to the registered owner of the
 1741  vehicle, to the customer as indicated on the order for repair,
 1742  and to all other persons claiming an interest in or lien
 1743  thereon, as disclosed by the records of the Department of
 1744  Highway Safety and Motor Vehicles or as disclosed by the records
 1745  of any corresponding agency of any other state in which the
 1746  vehicle is identified through a records check of the National
 1747  Motor Vehicle Title Information System or an equivalent
 1748  commercially available system as being the current state where
 1749  the vehicle is titled. Such notice must contain:
 1750         (a) A description of the vehicle, including, at minimum,
 1751  its (year, make, vehicle identification number,) and the
 1752  vehicle’s its location.
 1753         (b) The name and address of the owner of the vehicle, the
 1754  customer as indicated on the order for repair, and any person
 1755  claiming an interest in or lien thereon.
 1756         (c) The name, address, and telephone number of the lienor.
 1757         (d) Notice that the lienor claims a lien on the vehicle for
 1758  labor and services performed and storage charges, if any, and
 1759  the cash sum which, if paid to the lienor, would be sufficient
 1760  to redeem the vehicle from the lien claimed by the lienor.
 1761         (e) Notice that the lien claimed by the lienor is subject
 1762  to enforcement pursuant to this section and that the vehicle may
 1763  be sold to satisfy the lien.
 1764         (f) If known, the date, time, and location of any proposed
 1765  or scheduled sale of the vehicle. A No vehicle may not be sold
 1766  earlier than 60 days after completion of the repair work.
 1767         (g) Notice that the owner of the vehicle or any person
 1768  claiming an interest in or lien thereon has a right to a hearing
 1769  at any time before prior to the scheduled date of sale by filing
 1770  a demand for hearing with the clerk of the circuit court in the
 1771  county in which the vehicle is held and mailing copies of the
 1772  demand for hearing to all other owners and lienors as reflected
 1773  on the notice.
 1774         (h) Notice that the owner of the vehicle has a right to
 1775  recover possession of the vehicle without instituting judicial
 1776  proceedings by posting bond in accordance with the provisions of
 1777  s. 559.917.
 1778         (i) Notice that any proceeds from the sale of the vehicle
 1779  remaining after payment of the amount claimed to be due and
 1780  owing to the lienor will be deposited with the clerk of the
 1781  circuit court for disposition upon court order pursuant to
 1782  subsection (8).
 1783         (j)Notice that a lienholder, if any, has the right, as
 1784  specified in subsection (5), to demand a hearing or to post a
 1785  bond.
 1786         (2) If attempts to locate the owner or lienholder are
 1787  unsuccessful after a check of the records of the Department of
 1788  Highway Safety and Motor Vehicles and any state disclosed by the
 1789  check of the National Motor Vehicle Title Information System or
 1790  an equivalent commercially available system, the lienor must
 1791  notify the local law enforcement agency in writing by certified
 1792  mail or acknowledged hand delivery that the lienor has been
 1793  unable to locate the owner or lienholder, that a physical search
 1794  of the vehicle has disclosed no ownership information, and that
 1795  a good faith effort, including records checks of the Department
 1796  of Highway Safety and Motor Vehicles database and the National
 1797  Motor Vehicle Title Information System or an equivalent
 1798  commercially available system, has been made. A description of
 1799  the motor vehicle which includes the year, make, and
 1800  identification number must be given on the notice. This
 1801  notification must take place within 7 15 business days,
 1802  excluding Saturday and Sunday, from the beginning date of the
 1803  assessment of storage charges on said motor vehicle. For
 1804  purposes of this paragraph, the term “good faith effort” means
 1805  that the following checks have been performed by the company to
 1806  establish the prior state of registration and title:
 1807         (a) A check of the Department of Highway Safety and Motor
 1808  Vehicles database for the owner and any lienholder;
 1809         (b) A check of the federally mandated electronic National
 1810  Motor Vehicle Title Information System or an equivalent
 1811  commercially available system to determine the state of
 1812  registration when there is not a current title or registration
 1813  record for the vehicle on file with the Department of Highway
 1814  Safety and Motor Vehicles;
 1815         (c) A check of vehicle for any type of tag, tag record,
 1816  temporary tag, or regular tag;
 1817         (d) A check of vehicle for inspection sticker or other
 1818  stickers and decals that could indicate the state of possible
 1819  registration; and
 1820         (e) A check of the interior of the vehicle for any papers
 1821  that could be in the glove box, trunk, or other areas for the
 1822  state of registration.
 1823         (5) At any time before prior to the proposed or scheduled
 1824  date of sale of a vehicle, the owner of the vehicle, or any
 1825  person claiming an interest in the vehicle or a lien thereon,
 1826  may post a bond following the procedures outlined in s. 559.917
 1827  or file a demand for hearing with the clerk of the circuit court
 1828  in the county in which the vehicle is held to determine whether
 1829  the vehicle has been wrongfully taken or withheld from her or
 1830  him. Any person who files a demand for hearing shall mail copies
 1831  of the demand to all other owners and lienors as reflected on
 1832  the notice required in subsection (1).
 1833         (a) Upon the filing of a demand for hearing, a hearing
 1834  shall be held before prior to the proposed or scheduled date of
 1835  sale of the vehicle.
 1836         (b)Upon the posting of the bond and payment of the
 1837  applicable fee set forth in s. 28.24, the clerk of the court
 1838  shall issue a certificate notifying the lienor of the posting of
 1839  the bond and directing the lienor to release the vehicle to the
 1840  lienholder or the owner, based upon whomever posted the bond.
 1841         (c)If a lienholder obtains the vehicle and the owner of
 1842  the vehicle is not in default under the installment sales
 1843  contract or title loan at the time the lienholder has possession
 1844  of the vehicle, the lienholder must return the vehicle to the
 1845  owner within 5 days after the owner repays the lienholder for
 1846  the amount of the bond, or makes arrangements to repay the
 1847  lienholder for the bond under terms agreeable to the lienholder.
 1848  A lienholder may retain possession of the vehicle if the owner
 1849  is in default until such time as the default is cured and the
 1850  amount of the bond is repaid by the owner, or an arrangement
 1851  agreeable to the lienholder is made with the owner.
 1852         (7) At a the hearing on a complaint relating to the
 1853  requirements of this section on the complaint, the court shall
 1854  forthwith issue an its order determining:
 1855         (a) Whether the vehicle is subject to a valid lien by the
 1856  lienor and the amount thereof;
 1857         (b) The priority of the lien of the lienor as against any
 1858  existing security interest in the vehicle;
 1859         (c) The distribution of any proceeds of the sale by the
 1860  clerk of the circuit court;
 1861         (d)The awarding of damages, if any;
 1862         (e)(d) The award of reasonable attorney attorney’s fees and
 1863  costs, at the court’s discretion, to the prevailing party; and
 1864         (f)(e) The reasonableness of storage charges.
 1865  
 1866  A final order, by the court, must also provide for immediate
 1867  payment of any proceeds or awards, and the immediate release of
 1868  the bond to the posting party, if applicable.
 1869         (13) A failure to make good faith efforts as defined in
 1870  subsection (2) precludes the imposition of any storage charges
 1871  against the vehicle. If a lienor fails to provide notice to any
 1872  person claiming a lien on a vehicle under subsection (1) within
 1873  7 15 business days after the assessment of storage charges has
 1874  begun, then the lienor is precluded from charging for more than
 1875  7 15 days of storage, but failure to provide timely notice does
 1876  not affect charges made for repairs, adjustments, or
 1877  modifications to the vehicle or the priority of liens on the
 1878  vehicle.
 1879         Section 38. Subsections (2), (4), (5), and (10) of section
 1880  790.06, Florida Statutes, are amended, and paragraph (f) is
 1881  added to subsection (6) of that section, to read:
 1882         790.06 License to carry concealed weapon or firearm.—
 1883         (2) The Department of Agriculture and Consumer Services
 1884  shall issue a license if the applicant:
 1885         (a) Is a resident of the United States and a citizen of the
 1886  United States or a permanent resident alien of the United
 1887  States, as determined by the United States Bureau of Citizenship
 1888  and Immigration Services, or is a consular security official of
 1889  a foreign government that maintains diplomatic relations and
 1890  treaties of commerce, friendship, and navigation with the United
 1891  States and is certified as such by the foreign government and by
 1892  the appropriate embassy in this country;
 1893         (b) Is 21 years of age or older;
 1894         (c) Does not suffer from a physical infirmity which
 1895  prevents the safe handling of a weapon or firearm;
 1896         (d) Is not ineligible to possess a firearm pursuant to s.
 1897  790.23 by virtue of having been convicted of a felony;
 1898         (e) Has not been committed for the abuse of a controlled
 1899  substance or been found guilty of a crime under the provisions
 1900  of chapter 893 or similar laws of any other state relating to
 1901  controlled substances within a 3-year period immediately
 1902  preceding the date on which the application is submitted;
 1903         (f) Does not chronically and habitually use alcoholic
 1904  beverages or other substances to the extent that his or her
 1905  normal faculties are impaired. It shall be presumed that an
 1906  applicant chronically and habitually uses alcoholic beverages or
 1907  other substances to the extent that his or her normal faculties
 1908  are impaired if the applicant has been committed under chapter
 1909  397 or under the provisions of former chapter 396 or has been
 1910  convicted under s. 790.151 or has been deemed a habitual
 1911  offender under s. 856.011(3), or has had two or more convictions
 1912  under s. 316.193 or similar laws of any other state, within the
 1913  3-year period immediately preceding the date on which the
 1914  application is submitted;
 1915         (g) Desires a legal means to carry a concealed weapon or
 1916  firearm for lawful self-defense;
 1917         (h) Demonstrates competence with a firearm by any one of
 1918  the following:
 1919         1. Completion of any hunter education or hunter safety
 1920  course approved by the Fish and Wildlife Conservation Commission
 1921  or a similar agency of another state;
 1922         2. Completion of any National Rifle Association firearms
 1923  safety or training course;
 1924         3. Completion of any firearms safety or training course or
 1925  class available to the general public offered by a law
 1926  enforcement agency, junior college, college, or private or
 1927  public institution or organization or firearms training school,
 1928  using utilizing instructors certified by the National Rifle
 1929  Association, Criminal Justice Standards and Training Commission,
 1930  or the Department of Agriculture and Consumer Services;
 1931         4. Completion of any law enforcement firearms safety or
 1932  training course or class offered for security guards,
 1933  investigators, special deputies, or any division or subdivision
 1934  of a law enforcement agency or security enforcement;
 1935         5. Presents evidence of equivalent experience with a
 1936  firearm through participation in organized shooting competition
 1937  or military service;
 1938         6. Is licensed or has been licensed to carry a firearm in
 1939  this state or a county or municipality of this state, unless
 1940  such license has been revoked for cause; or
 1941         7. Completion of any firearms training or safety course or
 1942  class conducted by a state-certified or National Rifle
 1943  Association certified firearms instructor;
 1944  
 1945  A photocopy of a certificate of completion of any of the courses
 1946  or classes; or an affidavit from the instructor, school, club,
 1947  organization, or group that conducted or taught such said course
 1948  or class attesting to the completion of the course or class by
 1949  the applicant; or a copy of any document that which shows
 1950  completion of the course or class or evidences participation in
 1951  firearms competition shall constitute evidence of qualification
 1952  under this paragraph. A; any person who conducts a course
 1953  pursuant to subparagraph 2., subparagraph 3., or subparagraph
 1954  7., or who, as an instructor, attests to the completion of such
 1955  courses, must maintain records certifying that he or she
 1956  observed the student safely handle and discharge the firearm in
 1957  his or her physical presence and that the discharge of the
 1958  firearm included live fire using a firearm and ammunition as
 1959  defined in s. 790.001;
 1960         (i) Has not been adjudicated an incapacitated person under
 1961  s. 744.331, or similar laws of any other state, unless 5 years
 1962  have elapsed since the applicant’s restoration to capacity by
 1963  court order;
 1964         (j) Has not been committed to a mental institution under
 1965  chapter 394, or similar laws of any other state, unless the
 1966  applicant produces a certificate from a licensed psychiatrist
 1967  that he or she has not suffered from disability for at least 5
 1968  years before prior to the date of submission of the application;
 1969         (k) Has not had adjudication of guilt withheld or
 1970  imposition of sentence suspended on any felony or misdemeanor
 1971  crime of domestic violence unless 3 years have elapsed since
 1972  probation or any other conditions set by the court have been
 1973  fulfilled, or expunction has occurred the record has been sealed
 1974  or expunged;
 1975         (l)Has not had adjudication of guilt withheld or
 1976  imposition of sentence suspended on any misdemeanor crime of
 1977  domestic violence unless 3 years have elapsed since probation or
 1978  any other conditions set by the court have been fulfilled, or
 1979  the record has been sealed or expunged;
 1980         (m)(l) Has not been issued an injunction that is currently
 1981  in force and effect and that restrains the applicant from
 1982  committing acts of domestic violence or acts of repeat violence;
 1983  and
 1984         (n)(m) Is not prohibited from purchasing or possessing a
 1985  firearm by any other provision of Florida or federal law.
 1986         (4) The application shall be completed, under oath, on a
 1987  form adopted promulgated by the Department of Agriculture and
 1988  Consumer Services and shall include:
 1989         (a) The name, address, place of birth, and date of birth,
 1990  and race, and occupation of the applicant;
 1991         (b) A statement that the applicant is in compliance with
 1992  criteria contained within subsections (2) and (3);
 1993         (c) A statement that the applicant has been furnished a
 1994  copy of this chapter and is knowledgeable of its provisions;
 1995         (d) A conspicuous warning that the application is executed
 1996  under oath and that a false answer to any question, or the
 1997  submission of any false document by the applicant, subjects the
 1998  applicant to criminal prosecution under s. 837.06; and
 1999         (e) A statement that the applicant desires a concealed
 2000  weapon or firearms license as a means of lawful self-defense;
 2001  and.
 2002         (f) Directions for an applicant who is a servicemember, as
 2003  defined in s. 250.01, or a veteran, as defined in s. 1.01, to
 2004  request expedited processing of his or her application.
 2005         (5) The applicant shall submit to the Department of
 2006  Agriculture and Consumer Services or an approved tax collector
 2007  pursuant to s. 790.0625:
 2008         (a) A completed application as described in subsection (4).
 2009         (b) A nonrefundable license fee of up to $60 $70 if he or
 2010  she has not previously been issued a statewide license or of up
 2011  to $50 $60 for renewal of a statewide license. The cost of
 2012  processing fingerprints as required in paragraph (c) shall be
 2013  borne by the applicant. However, an individual holding an active
 2014  certification from the Criminal Justice Standards and Training
 2015  Commission as a law enforcement officer, correctional officer,
 2016  or correctional probation officer as defined in s. 943.10(1),
 2017  (2), (3), (6), (7), (8), or (9) is exempt from the licensing
 2018  requirements of this section. If such individual wishes to
 2019  receive a concealed weapon weapons or firearm firearms license,
 2020  he or she is exempt from the background investigation and all
 2021  background investigation fees, but must pay the current license
 2022  fees regularly required to be paid by nonexempt applicants.
 2023  Further, a law enforcement officer, a correctional officer, or a
 2024  correctional probation officer as defined in s. 943.10(1), (2),
 2025  or (3) is exempt from the required fees and background
 2026  investigation for a period of 1 year after his or her
 2027  retirement.
 2028         (c) A full set of fingerprints of the applicant
 2029  administered by a law enforcement agency or the Division of
 2030  Licensing of the Department of Agriculture and Consumer Services
 2031  or an approved tax collector pursuant to s. 790.0625 together
 2032  with any personal identifying information required by federal
 2033  law to process fingerprints.
 2034         (d) A photocopy of a certificate, affidavit, or document as
 2035  described in paragraph (2)(h).
 2036         (e) A full frontal view color photograph of the applicant
 2037  taken within the preceding 30 days, in which the head, including
 2038  hair, measures 7/8 of an inch wide and 1 1/8 inches high.
 2039         (f) For expedited processing of an application:
 2040         1. A servicemember shall submit a copy of the Common Access
 2041  Card, United States Uniformed Services Identification Card, or
 2042  current deployment orders.
 2043         2. A veteran shall submit a copy of the DD Form 214, issued
 2044  by the United States Department of Defense, or another
 2045  acceptable form of identification as specified by the Department
 2046  of Veterans’ Affairs.
 2047         (6)
 2048         (f) The Department of Agriculture and Consumer Services
 2049  shall, upon receipt of a completed application and the
 2050  identifying information required under paragraph (5)(f),
 2051  expedite the processing of a servicemember’s or a veteran’s
 2052  concealed weapon or firearm license application.
 2053         (10) A license issued under this section shall be suspended
 2054  or revoked pursuant to chapter 120 if the licensee:
 2055         (a) Is found to be ineligible under the criteria set forth
 2056  in subsection (2);
 2057         (b) Develops or sustains a physical infirmity which
 2058  prevents the safe handling of a weapon or firearm;
 2059         (c) Is convicted of a felony which would make the licensee
 2060  ineligible to possess a firearm pursuant to s. 790.23;
 2061         (d) Is found guilty of a crime under the provisions of
 2062  chapter 893, or similar laws of any other state, relating to
 2063  controlled substances;
 2064         (e) Is committed as a substance abuser under chapter 397,
 2065  or is deemed a habitual offender under s. 856.011(3), or similar
 2066  laws of any other state;
 2067         (f) Is convicted of a second violation of s. 316.193, or a
 2068  similar law of another state, within 3 years after of a first
 2069  previous conviction of such section, or similar law of another
 2070  state, even though the first violation may have occurred before
 2071  prior to the date on which the application was submitted;
 2072         (g) Is adjudicated an incapacitated person under s.
 2073  744.331, or similar laws of any other state; or
 2074         (h) Is committed to a mental institution under chapter 394,
 2075  or similar laws of any other state.
 2076  
 2077  Notwithstanding s. 120.60(5), service of a notice of the
 2078  suspension or revocation of a concealed weapon or firearm
 2079  license must be given by either certified mail, return receipt
 2080  requested, to the licensee at his or her last known mailing
 2081  address furnished to the Department of Agriculture and Consumer
 2082  Services, or by personal service. If a notice given by certified
 2083  mail is returned as undeliverable, a second attempt must be made
 2084  to provide notice to the licensee at that address, by either
 2085  first-class mail in an envelope, postage prepaid, addressed to
 2086  the licensee at his or her last known mailing address furnished
 2087  to the department, or, if the licensee has provided an e-mail
 2088  address to the department, by e-mail. Such mailing by the
 2089  department constitutes notice, and any failure by the licensee
 2090  to receive such notice does not stay the effective date or term
 2091  of the suspension or revocation. A request for hearing must be
 2092  filed with the department within 21 days after notice is
 2093  received by personal delivery, or within 26 days after the date
 2094  the department deposits the notice in the United States mail (21
 2095  days plus 5 days for mailing). The department shall document its
 2096  attempts to provide notice and such documentation is admissible
 2097  in the courts of this state and constitutes sufficient proof
 2098  that notice was given.
 2099         Section 39. Effective upon this act becoming a law,
 2100  paragraph (a) of subsection (11) of section 790.06, Florida
 2101  Statutes, is amended to read:
 2102         790.06 License to carry concealed weapon or firearm.—
 2103         (11)(a) At least No less than 90 days before the expiration
 2104  date of the license, the Department of Agriculture and Consumer
 2105  Services shall mail to each licensee a written notice of the
 2106  expiration and a renewal form prescribed by the Department of
 2107  Agriculture and Consumer Services. The licensee must renew his
 2108  or her license on or before the expiration date by filing with
 2109  the Department of Agriculture and Consumer Services the renewal
 2110  form containing an a notarized affidavit submitted under oath
 2111  and under penalty of perjury stating that the licensee remains
 2112  qualified pursuant to the criteria specified in subsections (2)
 2113  and (3), a color photograph as specified in paragraph (5)(e),
 2114  and the required renewal fee. Out-of-state residents must also
 2115  submit a complete set of fingerprints and fingerprint processing
 2116  fee. The license shall be renewed upon receipt of the completed
 2117  renewal form, color photograph, appropriate payment of fees,
 2118  and, if applicable, fingerprints. Additionally, a licensee who
 2119  fails to file a renewal application on or before its expiration
 2120  date must renew his or her license by paying a late fee of $15.
 2121  A license may not be renewed 180 days or more after its
 2122  expiration date, and such a license is deemed to be permanently
 2123  expired. A person whose license has been permanently expired may
 2124  reapply for licensure; however, an application for licensure and
 2125  fees under subsection (5) must be submitted, and a background
 2126  investigation shall be conducted pursuant to this section. A
 2127  person who knowingly files false information under this
 2128  subsection is subject to criminal prosecution under s. 837.06.
 2129         Section 40. Subsection (8) is added to section 790.0625,
 2130  Florida Statutes, to read:
 2131         790.0625 Appointment of tax collectors to accept
 2132  applications for a concealed weapon or firearm license; fees;
 2133  penalties.—
 2134         (8) Upon receipt of a completed renewal application, a new
 2135  color photograph, and appropriate payment of fees, a tax
 2136  collector authorized to accept renewal applications for
 2137  concealed weapon or firearm licenses under this section may,
 2138  upon approval and confirmation of license issuance by the
 2139  department, print and deliver a concealed weapon or firearm
 2140  license to a licensee renewing his or her license at the tax
 2141  collector’s office.
 2142         Section 41. Subsections (1) through (4) of section 559.917,
 2143  Florida Statutes, are amended to read:
 2144         559.917 Bond to release possessory lien claimed by motor
 2145  vehicle repair shop.—
 2146         (1)As used in this section, the term:
 2147         (a)“Lienholder” means a person claiming an interest in or
 2148  a lien on a vehicle pursuant to s. 713.585(5).
 2149         (b)“Lienor” means a person claiming a lien for motor
 2150  vehicle repair shop work under part II of chapter 713.
 2151         (2)(1)(a) A lienholder or Any customer may obtain the
 2152  release of a her or his motor vehicle for which the lienholder
 2153  or customer has a lien or ownership rights, respectively, from
 2154  any lien claimed under part II of chapter 713 by a motor vehicle
 2155  repair shop for repair work performed under a written repair
 2156  estimate by filing with the clerk of the court in the circuit in
 2157  which the disputed transaction occurred a cash or surety bond,
 2158  payable to the person claiming the lien and conditioned for the
 2159  payment of any judgment which may be entered on the lien. The
 2160  bond shall be in the amount stated on the invoice required by s.
 2161  559.911, plus accrued storage charges, if any, less any amount
 2162  paid to the motor vehicle repair shop as indicated on the
 2163  invoice. The lienholder or customer shall not be required to
 2164  institute judicial proceedings in order to post the bond in the
 2165  registry of the court, nor shall the lienholder or customer be
 2166  required to use a particular form for posting the bond, unless
 2167  the clerk provides shall provide such form to the lienholder or
 2168  customer for filing. Upon the posting of such bond, the clerk of
 2169  the court shall automatically issue a certificate notifying the
 2170  lienor of the posting of the bond and directing the lienor to
 2171  release the lienholder’s or customer’s motor vehicle.
 2172         (b) The lienor shall have 60 days to file suit to recover
 2173  the bond. The prevailing party in that action may be entitled to
 2174  damages plus court costs and reasonable attorney attorney’s
 2175  fees. If the lienor fails to file suit within 60 days after the
 2176  posting of such bond, the bond shall be discharged.
 2177         (3)(2) The failure of a lienor to release or return to the
 2178  lienholder or customer the motor vehicle upon which any lien is
 2179  claimed, upon receiving a copy of a certificate giving notice of
 2180  the posting of the bond and directing release of the motor
 2181  vehicle, shall subject the lienor to judicial proceedings which
 2182  may be brought by the lienholder or customer to compel
 2183  compliance with the certificate. If Whenever a lienholder
 2184  pursuant to s. 713.585 or customer brings an action to compel
 2185  compliance with the certificate, the lienholder or customer need
 2186  only establish that:
 2187         (a) Bond in the amount of the invoice, plus accrued storage
 2188  charges, if any, less any amount paid to the motor vehicle
 2189  repair shop as indicated on the invoice, was posted;
 2190         (b) A certificate was issued pursuant to this section;
 2191         (c) The motor vehicle repair shop, or any employee or agent
 2192  thereof who is authorized to release the motor vehicle, received
 2193  a copy of a certificate issued pursuant to this section; and
 2194         (d) The motor vehicle repair shop or employee authorized to
 2195  release the motor vehicle failed to release the motor vehicle.
 2196  
 2197  The lienholder or customer, upon a judgment in her or his favor
 2198  in an action brought under this subsection, may be entitled to
 2199  damages plus court costs and reasonable attorney attorney’s fees
 2200  sustained by her or him by reason of such wrongful detention or
 2201  retention. Upon a judgment in favor of the motor vehicle repair
 2202  shop, the shop may be entitled to reasonable attorney attorney’s
 2203  fees.
 2204         (4)(3) Any motor vehicle repair shop that which, or any
 2205  employee or agent thereof who is authorized to release the motor
 2206  vehicle who, upon receiving a copy of a certificate giving
 2207  notice of the posting of the bond in the required amount and
 2208  directing release of the motor vehicle, fails to release or
 2209  return the property to the lienholder or customer pursuant to
 2210  this section commits is guilty of a misdemeanor of the second
 2211  degree, punishable as provided in s. 775.082 or s. 775.083.
 2212         (5)(4) Any lienholder or customer who stops payment on a
 2213  credit card charge or a check drawn in favor of a motor vehicle
 2214  repair shop on account of an invoice, or who fails to post a
 2215  cash or surety bond pursuant to this section, shall be
 2216  prohibited from any recourse under this section with respect to
 2217  the motor vehicle repair shop.
 2218         Section 42. Subsection (1) and paragraph (d) of subsection
 2219  (3) of section 559.9285, Florida Statutes, are amended to read:
 2220         559.9285 Certification of business activities.—
 2221         (1) Each certifying party, as defined in s. 559.927(2):
 2222         (a) Which does not offer for sale, at wholesale or retail,
 2223  prearranged travel or, tourist-related services, or tour-guide
 2224  services for individuals or groups directly to any terrorist
 2225  state and which originate in Florida;
 2226         (b) Which offers for sale, at wholesale or retail, only
 2227  prearranged travel or, tourist-related services, or tour-guide
 2228  services for individuals or groups directly to any terrorist
 2229  state and which originate in Florida, but engages in no other
 2230  business dealings or commerce with any terrorist state; or
 2231         (c) Which offers for sale, at wholesale or retail,
 2232  prearranged travel or, tourist-related services, or tour-guide
 2233  services for individuals or groups directly to any terrorist
 2234  state and which originate in Florida, and also engages in any
 2235  other business dealings or commerce with any terrorist state,
 2236  
 2237  shall annually certify its business activities by filing a
 2238  disclosure statement with the department which accurately
 2239  represents the scope of the seller’s business activities
 2240  according to the criteria provided in paragraph (a), paragraph
 2241  (b), or paragraph (c).
 2242         (3) The department shall specify by rule the form of each
 2243  certification under this section which shall include the
 2244  following information:
 2245         (d) The type of all prearranged travel or, tourist-related
 2246  services, or tour-guide services that the certifying party
 2247  offers for sale to individuals or groups traveling directly to
 2248  any terrorist state and that originate in Florida, and the
 2249  frequency with which such services are offered.
 2250         Section 43. Subsection (2) of section 559.937, Florida
 2251  Statutes, is amended to read:
 2252         559.937 Criminal penalties.—Any person or business that
 2253  violates this part:
 2254         (2) Which violation directly or indirectly pertains to an
 2255  offer to sell, at wholesale or retail, prearranged travel or,
 2256  tourist-related services, or tour-guide services for individuals
 2257  or groups directly to any terrorist state and which originate in
 2258  Florida, commits a felony of the third degree, punishable as
 2259  provided in s. 775.082 or s. 775.083.
 2260         Section 44. Except as otherwise expressly provided in this
 2261  act, this act shall take effect July 1, 2016.