ENROLLED
       2016 Legislature             CS for CS for SB 772, 2nd Engrossed
       
       
       
       
       
       
                                                              2016772er
    1  
    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; amending s.
   15         493.6106, F.S.; deleting a provision requiring that
   16         certain applicants submit additional documentation
   17         establishing state residency; amending s. 493.6107,
   18         F.S.; waiving the initial license fees for veterans
   19         for certain private investigative, private security,
   20         and repossession service licenses; amending s.
   21         493.6108, F.S.; beginning on a specified date,
   22         requiring the Department of Law Enforcement to retain
   23         fingerprints submitted for private investigative,
   24         private security, and repossession service licenses,
   25         to enter such fingerprints into the statewide
   26         automated biometric identification system and the
   27         Federal Bureau of Investigation’s national retained
   28         print arrest notification program, and to report any
   29         arrest record information to the Department of
   30         Agriculture and Consumer Services; requiring the
   31         department to provide information about an arrest of a
   32         licensee for certain crime within the state to the
   33         agency that employs the licensee; amending s.
   34         493.6113, F.S.; clarifying the renewal requirements
   35         for Class “K” licenses; requiring a person holding a
   36         private investigative, private security, or
   37         repossession service license issued before a certain
   38         date to submit, upon first renewal of the license, a
   39         full set of fingerprints and a fingerprint processing
   40         fee; amending ss. 493.6202, 493.6302, and 493.6402,
   41         F.S.; waiving initial license fees for veterans for
   42         certain private investigative, private security, and
   43         repossession service licenses; amending s. 501.0125,
   44         F.S.; revising the definition of the term “health
   45         studio”; defining the term “personal trainer”;
   46         amending s. 501.015, F.S.; requiring the department to
   47         waive the initial health studio registration fee for
   48         certain veterans, the spouses of such veterans, or
   49         certain business entities that have a majority
   50         ownership held by such veterans or spouses; amending
   51         s. 501.605, F.S.; prohibiting the use of a mail drop
   52         as a street address for the principal location of a
   53         commercial telephone seller; requiring the department
   54         to waive the initial commercial telephone seller
   55         license fee for certain veterans, the spouses of such
   56         veterans, or certain business entities that have a
   57         majority ownership held by such veterans or spouses;
   58         amending s. 501.607, F.S.; requiring the department to
   59         waive the initial telephone salesperson license fees
   60         for certain veterans, the spouses of such veterans, or
   61         certain business entities that have a majority
   62         ownership held by such veterans or spouses; amending
   63         s. 507.03, F.S.; requiring the department to waive the
   64         initial registration fee for an intrastate mover for
   65         certain veterans, the spouses of such veterans, or
   66         certain business entities that have a majority
   67         ownership held by such veterans or spouses; amending
   68         s. 527.02, F.S.; requiring the department to waive the
   69         original liquefied petroleum gas license fee for
   70         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 and defining the term
  112         “student tour operator”; amending s. 559.928, F.S.;
  113         requiring the department to waive the initial seller
  114         of travel registration fee for certain veterans, the
  115         spouses of such veterans, or certain business entities
  116         that have a majority ownership held by such veterans
  117         or spouses; requiring independent agents to annually
  118         file an application, rather than an affidavit;
  119         requiring each advertisement, certificate, and other
  120         travel documents to include a specified phrase;
  121         deleting a provision requiring an advertisement to
  122         include a specified phrase; revising the circumstances
  123         under which the department may deny or refuse to renew
  124         a registration; authorizing the department to revoke
  125         the registration of a seller of travel under certain
  126         circumstances; creating s. 559.9281, F.S.; requiring
  127         the Department of Agriculture and Consumer Services to
  128         establish a process for specified persons to apply to
  129         be, and be listed as, approved student tour operators;
  130         requiring the department to adopt rules to establish
  131         an application process and standards for persons
  132         wishing to be approved as student tour operators;
  133         specifying minimum standards for such operators;
  134         requiring the department to maintain a list of
  135         approved operators; requiring the department to update
  136         the list at least annually and to provide a current
  137         version of the list to the Department of Education;
  138         requiring the Department of Education to publish and
  139         maintain such list on its website; amending s.
  140         559.929, F.S.; revising certain security requirements;
  141         amending s. 559.9295, F.S.; revising the documents
  142         that certain sellers of travel are required to submit
  143         and disclose to the department; deleting provisions
  144         relating to the duties of the department; amending s.
  145         559.932, F.S.; requiring that certain disclosures be
  146         made in a specified type size; revising the language
  147         that must be included in certain disclosures;
  148         requiring the department to review copies of certain
  149         certificates and contracts for compliance with
  150         disclosure requirements; specifying that the
  151         submission of certain materials or department response
  152         does not constitute approval, recommendation,
  153         endorsement, or verification; amending s. 559.933,
  154         F.S.; making technical changes; amending s. 559.9335,
  155         F.S.; revising violations relating to the sale of
  156         travel; amending s. 559.935, F.S.; deleting a
  157         provision requiring an affiliate to file an affidavit
  158         of exemption in order to obtain a specified exemption;
  159         adding embezzlement as a crime for which the
  160         department may revoke certain exemptions; amending s.
  161         559.936, F.S.; conforming cross-references; amending
  162         s. 616.242, F.S.; exempting water-related amusement
  163         rides operated by lodging and food service
  164         establishments and membership campgrounds, amusement
  165         rides at private, membership-only facilities, and
  166         nonprofit permanent facilities from certain safety
  167         standards; authorizing owners or managers of amusement
  168         rides to use alternative forms to record ride
  169         inspections and employee training; amending s.
  170         713.585, F.S.; revising certain notice requirements;
  171         authorizing the owner of a vehicle or a person
  172         claiming an interest in the vehicle or in a lien
  173         thereon to post a bond to recover possession of a
  174         vehicle held by a lienor; specifying that lienholders
  175         have standing in certain proceedings to allege
  176         violations of the Florida Motor Vehicle Repair Act;
  177         requiring the clerk of the court to issue a
  178         certificate notifying the lienor of the posting of
  179         bond; establishing procedures and requirements for a
  180         vehicle owner to reclaim such vehicles recovered by a
  181         lienholder; authorizing courts to award damages based
  182         on claims relating to the enforcement of certain lien
  183         and recovery rights; requiring courts to provide for
  184         the immediate payment of proceeds and awards and
  185         immediate release of bonds; amending s. 790.06, F.S.;
  186         revising the requirements for issuance of a concealed
  187         weapon or firearm license; requiring directions for
  188         expedited processing requests in the license
  189         application form; revising the initial and renewal
  190         fees for a concealed weapon or firearm license;
  191         providing a process for expediting applications for
  192         servicemembers and veterans; requiring that notice of
  193         the suspension or revocation of a concealed weapon or
  194         firearm license or the suspension of the processing of
  195         an application for such license be given by personal
  196         delivery or first-class mail; specifying deadlines for
  197         requests for a hearing for suspensions or revocations;
  198         specifying standards of proof for notice of
  199         suspensions or revocations; requiring concealed weapon
  200         or firearm license renewals to include an affidavit
  201         submitted under oath and under penalty of perjury,
  202         rather than a notarized affidavit, as of a specified
  203         date; amending s. 790.0625, F.S.; authorizing certain
  204         tax collector offices, upon approval and confirmation
  205         of license issuance by the department, to print and
  206         deliver concealed weapon or firearm licenses; amending
  207         ss. 559.9285 and 559.937, F.S.; conforming provisions;
  208         providing an appropriation; providing effective dates.
  209          
  210  Be It Enacted by the Legislature of the State of Florida:
  211  
  212         Section 1. Subsection (1) of section 472.007, Florida
  213  Statutes, is amended to read:
  214         472.007 Board of Professional Surveyors and Mappers.—There
  215  is created in the Department of Agriculture and Consumer
  216  Services the Board of Professional Surveyors and Mappers.
  217         (1) The board shall consist of nine members, seven six of
  218  whom shall be registered surveyors and mappers primarily engaged
  219  in the practice of surveying and mapping, one of whom shall be a
  220  registered surveyor and mapper with the designation of
  221  photogrammetrist, and two of whom shall be laypersons who are
  222  not and have never been surveyors and mappers or members of any
  223  closely related profession or occupation.
  224         Section 2. Subsection (3) of section 472.015, Florida
  225  Statutes, is amended to read:
  226         472.015 Licensure.—
  227         (3)(a) Before the issuance of any license, the department
  228  may charge an initial license fee as determined by rule of the
  229  board. Upon receipt of the appropriate license fee, except as
  230  provided in subsection (6), the department shall issue a license
  231  to any person certified by the board, or its designee, as having
  232  met the applicable requirements imposed by law or rule. However,
  233  an applicant who is not otherwise qualified for licensure is not
  234  entitled to licensure solely based on a passing score on a
  235  required examination.
  236         (b) The department shall waive the initial license fee for
  237  an honorably discharged veteran of the United States Armed
  238  Forces, the spouse of such a veteran, or a business entity that
  239  has a majority ownership held by such a veteran or spouse if the
  240  department receives an application, in a format prescribed by
  241  the department, within 60 months after the date of the veteran’s
  242  discharge from any branch of the United States Armed Forces. To
  243  qualify for the waiver, a veteran must provide to the department
  244  a copy of his or her DD Form 214, as issued by the United States
  245  Department of Defense, or another acceptable form of
  246  identification as specified by the Department of Veterans’
  247  Affairs; the spouse of a veteran must provide to the department
  248  a copy of the veteran’s DD Form 214, as issued by the United
  249  States Department of Defense, or another acceptable form of
  250  identification as specified by the Department of Veterans’
  251  Affairs, and a copy of a valid marriage license or certificate
  252  verifying that he or she was lawfully married to the veteran at
  253  the time of discharge; or a business entity must provide to the
  254  department proof that a veteran or the spouse of a veteran holds
  255  a majority ownership in the business, a copy of the veteran’s DD
  256  Form 214, as issued by the United States Department of Defense,
  257  or another acceptable form of identification as specified by the
  258  Department of Veterans’ Affairs, and, if applicable, a copy of a
  259  valid marriage license or certificate verifying that the spouse
  260  of the veteran was lawfully married to the veteran at the time
  261  of discharge.
  262         Section 3. Paragraph (c) is added to subsection (1) of
  263  section 493.6105, Florida Statutes, and paragraph (j) of
  264  subsection (3) of that section is amended, to read:
  265         493.6105 Initial application for license.—
  266         (1) Each individual, partner, or principal officer in a
  267  corporation, shall file with the department a complete
  268  application accompanied by an application fee not to exceed $60,
  269  except that the applicant for a Class “D” or Class “G” license
  270  is not required to submit an application fee. The application
  271  fee is not refundable.
  272         (c) The initial application fee for a veteran, as defined
  273  in s. 1.01, shall be waived if he or she applies for a Class
  274  “C,” Class “CC,” Class “DI,” Class “E,” Class “EE,” Class “K,”
  275  Class “M,” Class “MA,” Class “MB,” Class “MR,” or Class “RI”
  276  license within 24 months after being discharged from a branch of
  277  the United States Armed Forces. An eligible veteran must include
  278  a copy of his or her DD Form 214, as issued by the United States
  279  Department of Defense, or another acceptable form of
  280  identification as specified by the Department of Veterans’
  281  Affairs with his or her application in order to obtain a waiver.
  282         (3) The application must contain the following information
  283  concerning the individual signing the application:
  284         (j) A full set of fingerprints, a fingerprint processing
  285  fee, and a fingerprint retention fee. The fingerprint processing
  286  and retention fees shall to be established by rule of the
  287  department based upon costs determined by state and federal
  288  agency charges and department processing costs, which must
  289  include the cost of retaining the fingerprints in the statewide
  290  automated biometric identification system established in s.
  291  943.05(2)(b) and the cost of enrolling the fingerprints in the
  292  national retained print arrest notification program as required
  293  under s. 493.6108. An applicant who has, within the immediately
  294  preceding 6 months, submitted such fingerprints and fees fee for
  295  licensing purposes under this chapter and who still holds a
  296  valid license is not required to submit another set of
  297  fingerprints or another fingerprint processing fee. An applicant
  298  who holds multiple licenses issued under this chapter is
  299  required to pay only a single fingerprint retention fee.
  300         Section 4. Paragraph (f) of subsection (1) of section
  301  493.6106, Florida Statutes, is amended to read:
  302         493.6106 License requirements; posting.—
  303         (1) Each individual licensed by the department must:
  304         (f) Be a citizen or permanent legal resident alien of the
  305  United States or have appropriate authorization issued by the
  306  United States Citizenship and Immigration Services of the United
  307  States Department of Homeland Security.
  308         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  309  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  310  “MB,” Class “MR,” or Class “RI” license who is not a United
  311  States citizen must submit proof of current employment
  312  authorization issued by the United States Citizenship and
  313  Immigration Services or proof that she or he is deemed a
  314  permanent legal resident alien by the United States Citizenship
  315  and Immigration Services.
  316         2. An applicant for a Class “G” or Class “K” license who is
  317  not a United States citizen must submit proof that she or he is
  318  deemed a permanent legal resident alien by the United States
  319  Citizenship and Immigration Services, together with additional
  320  documentation establishing that she or he has resided in the
  321  state of residence shown on the application for at least 90
  322  consecutive days before the date that the application is
  323  submitted.
  324         3. An applicant for an agency or school license who is not
  325  a United States citizen or permanent legal resident alien must
  326  submit documentation issued by the United States Citizenship and
  327  Immigration Services stating that she or he is lawfully in the
  328  United States and is authorized to own and operate the type of
  329  agency or school for which she or he is applying. An employment
  330  authorization card issued by the United States Citizenship and
  331  Immigration Services is not sufficient documentation.
  332         Section 5. Subsection (6) is added to section 493.6107,
  333  Florida Statutes, to read:
  334         493.6107 Fees.—
  335         (6) The initial license fee for a veteran, as defined in s.
  336  1.01, shall be waived if he or she applies for a Class “M” or
  337  Class “K” license within 24 months after being discharged from
  338  any branch of the United States Armed Forces. An eligible
  339  veteran must include a copy of his or her DD Form 214, as issued
  340  by the United States Department of Defense, or another
  341  acceptable form of identification as specified by the Department
  342  of Veterans’ Affairs with his or her application in order to
  343  obtain a waiver.
  344         Section 6. Subsections (4) and (5) are added to section
  345  493.6108, Florida Statutes, to read:
  346         493.6108 Investigation of applicants by Department of
  347  Agriculture and Consumer Services.—
  348         (4)Beginning January 1, 2017, the Department of Law
  349  Enforcement shall:
  350         (a) Retain and enter into the statewide automated biometric
  351  identification system established in s. 943.05(2)(b) all
  352  fingerprints submitted to the Department of Agriculture and
  353  Consumer Services pursuant to this chapter.
  354         (b) When the Department of Law Enforcement begins
  355  participation in the Federal Bureau of Investigation’s national
  356  retained print arrest notification program, enroll such
  357  fingerprints in the program. The fingerprints must thereafter be
  358  available for arrest notifications and all purposes and uses
  359  authorized for arrest fingerprint submissions entered into the
  360  statewide automated biometric identification system established
  361  in s. 943.05(2)(b).
  362         (c) Search all arrest fingerprints against fingerprints
  363  retained.
  364         (d) Report to the Department of Agriculture and Consumer
  365  Services any arrest record that it identifies or that is
  366  identified by the Federal Bureau of Investigation.
  367         (5) If the department receives information about an arrest
  368  within the state of a person who holds a valid license issued
  369  under this chapter for a crime that could potentially disqualify
  370  the person from holding such a license, the department must
  371  provide the arrest information to the agency that employs the
  372  licensee.
  373         Section 7. Subsections (1) and (3) of section 493.6113,
  374  Florida Statutes, are amended to read:
  375         493.6113 Renewal application for licensure.—
  376         (1) A license granted under the provisions of this chapter
  377  shall be renewed biennially by the department, except for Class
  378  “A,” Class “B,” Class “AB,” Class “K,” Class “R,” and branch
  379  agency licenses, which shall be renewed every 3 years.
  380         (3) Each licensee is responsible for renewing his or her
  381  license on or before its expiration by filing with the
  382  department an application for renewal accompanied by payment of
  383  the renewal fee and the fingerprint retention fee to cover the
  384  cost of ongoing retention in the statewide automated biometric
  385  identification system established in s. 943.05(2)(b) prescribed
  386  license fee. Upon the first renewal of a license issued under
  387  this chapter before January 1, 2017, the licensee shall submit a
  388  full set of fingerprints and fingerprint processing fees to
  389  cover the cost of entering the fingerprints into the statewide
  390  automated biometric identification system pursuant to s.
  391  493.6108(4)(a) and the cost of enrollment in the Federal Bureau
  392  of Investigation’s national retained print arrest notification
  393  program. Subsequent renewals may be completed without submission
  394  of a new set of fingerprints.
  395         (a) Each Class “B” licensee shall additionally submit on a
  396  form prescribed by the department a certification of insurance
  397  that evidences that the licensee maintains coverage as required
  398  under s. 493.6110.
  399         (b) Each Class “G” licensee shall additionally submit proof
  400  that he or she has received during each year of the license
  401  period a minimum of 4 hours of firearms recertification training
  402  taught by a Class “K” licensee and has complied with such other
  403  health and training requirements that the department shall adopt
  404  by rule. Proof of completion of firearms recertification
  405  training shall be submitted to the department upon completion of
  406  the training. If the licensee fails to complete the required 4
  407  hours of annual training during the first year of the 2-year
  408  term of the license, the license shall be automatically
  409  suspended. The licensee must complete the minimum number of
  410  hours of range and classroom training required at the time of
  411  initial licensure and submit proof of completion of such
  412  training to the department before the license may be reinstated.
  413  If the licensee fails to complete the required 4 hours of annual
  414  training during the second year of the 2-year term of the
  415  license, the licensee must complete the minimum number of hours
  416  of range and classroom training required at the time of initial
  417  licensure and submit proof of completion of such training to the
  418  department before the license may be renewed. The department may
  419  waive the firearms training requirement if:
  420         1. The applicant provides proof that he or she is currently
  421  certified as a law enforcement officer or correctional officer
  422  under the Criminal Justice Standards and Training Commission and
  423  has completed law enforcement firearms requalification training
  424  annually during the previous 2 years of the licensure period;
  425         2. The applicant provides proof that he or she is currently
  426  certified as a federal law enforcement officer and has received
  427  law enforcement firearms training administered by a federal law
  428  enforcement agency annually during the previous 2 years of the
  429  licensure period; or
  430         3. The applicant submits a valid firearm certificate among
  431  those specified in s. 493.6105(6)(a) and provides proof of
  432  having completed requalification training during the previous 2
  433  years of the licensure period.
  434         (c) Each Class “DS” or Class “RS” licensee shall
  435  additionally submit the current curriculum, examination, and
  436  list of instructors.
  437         (d) Each Class “K” licensee shall additionally submit one
  438  of the certificates specified under s. 493.6105(6) as proof that
  439  he or she remains certified to provide firearms instruction.
  440         Section 8. Subsection (4) is added to section 493.6202,
  441  Florida Statutes, to read:
  442         493.6202 Fees.—
  443         (4) The initial license fee for a veteran, as defined in s.
  444  1.01, shall be waived if he or she applies for a Class “C,”
  445  Class “CC,” or Class “MA” license within 24 months after being
  446  discharged from any branch of the United States Armed Forces. An
  447  eligible veteran must include a copy of his or her DD Form 214,
  448  as issued by the United States Department of Defense, or another
  449  acceptable form of identification as specified by the Department
  450  of Veterans’ Affairs with his or her application in order to
  451  obtain a waiver.
  452         Section 9. Subsection (4) is added to section 493.6302,
  453  Florida Statutes, to read:
  454         493.6302 Fees.—
  455         (4) The initial license fee for a veteran, as defined in s.
  456  1.01, shall be waived if he or she applies for a Class “D,”
  457  Class “DI,” or Class “MB” license within 24 months after being
  458  discharged from any branch of the United States Armed Forces. An
  459  eligible veteran must include a copy of his or her DD Form 214,
  460  as issued by the United States Department of Defense, or another
  461  acceptable form of identification as specified by the Department
  462  of Veterans’ Affairs with his or her application in order to
  463  obtain a waiver.
  464         Section 10. Subsection (4) is added to section 493.6402,
  465  Florida Statutes, to read:
  466         493.6402 Fees.—
  467         (4) The initial license fee for a veteran, as defined in s.
  468  1.01, shall be waived if he or she applies for a Class “E,”
  469  Class “EE,” Class “MR,” or Class “RI” license within 24 months
  470  after being discharged from any branch of the United States
  471  Armed Forces. An eligible veteran must include a copy of his or
  472  her DD Form 214, as issued by the United States Department of
  473  Defense, or another acceptable form of identification as
  474  specified by the Department of Veterans’ Affairs with his or her
  475  application in order to obtain a waiver.
  476         Section 11. Subsection (1) of section 501.0125, Florida
  477  Statutes, is amended, and subsection (6) is added to that
  478  section, to read:
  479         501.0125 Health studios; definitions.—For purposes of ss.
  480  501.012-501.019, the following terms shall have the following
  481  meanings:
  482         (1) “Health studio” means any person who is engaged in the
  483  sale of services for instruction, training, or assistance in a
  484  program of physical exercise or in the sale of services for the
  485  right or privilege to use equipment or facilities in furtherance
  486  of a program of physical exercise. The term does not include an
  487  individual acting as a personal trainer.
  488         (6) “Personal trainer” means an individual:
  489         (a) Who does not have an established place of business for
  490  the primary purpose of the conducting of physical exercise;
  491         (b) Whose provision of exercise equipment is incidental to
  492  the instruction provided; and
  493         (c) Who does not accept payment for services that are to be
  494  rendered more than 30 days after the date of payment.
  495         Section 12. Subsection (2) of section 501.015, Florida
  496  Statutes, is amended to read:
  497         501.015 Health studios; registration requirements and
  498  fees.—Each health studio shall:
  499         (2) Remit an annual registration fee of $300 to the
  500  department at the time of registration for each of the health
  501  studio’s business locations. The department shall waive the
  502  initial registration fee for an honorably discharged veteran of
  503  the United States Armed Forces, the spouse of such a veteran, or
  504  a business entity that has a majority ownership held by such a
  505  veteran or spouse if the department receives an application, in
  506  a format prescribed by the department, within 60 months after
  507  the date of the veteran’s discharge from any branch of the
  508  United States Armed Forces. To qualify for the waiver, a veteran
  509  must provide to the department a copy of his or her DD Form 214,
  510  as issued by the United States Department of Defense, or another
  511  acceptable form of identification as specified by the Department
  512  of Veterans’ Affairs; the spouse of a veteran must provide to
  513  the department a copy of the veteran’s DD Form 214, as issued by
  514  the United States Department of Defense, or another acceptable
  515  form of identification as specified by the Department of
  516  Veterans’ Affairs, and a copy of a valid marriage license or
  517  certificate verifying that he or she was lawfully married to the
  518  veteran at the time of discharge; or a business entity must
  519  provide to the department proof that a veteran or the spouse of
  520  a veteran holds a majority ownership in the business, a copy of
  521  the veteran’s DD Form 214, as issued by the United States
  522  Department of Defense, or another acceptable form of
  523  identification as specified by the Department of Veterans’
  524  Affairs, and, if applicable, a copy of a valid marriage license
  525  or certificate verifying that the spouse of the veteran was
  526  lawfully married to the veteran at the time of discharge.
  527         Section 13. Paragraph (j) of subsection (2) and paragraph
  528  (b) of subsection (5) of section 501.605, Florida Statutes, are
  529  amended to read:
  530         501.605 Licensure of commercial telephone sellers.—
  531         (2) An applicant for a license as a commercial telephone
  532  seller must submit to the department, in such form as it
  533  prescribes, a written application for the license. The
  534  application must set forth the following information:
  535         (j) The complete street address of each location,
  536  designating the principal location, from which the applicant
  537  will be doing business. The street address may not be If any
  538  location is a mail drop, this shall be disclosed as such.
  539  
  540  The application shall be accompanied by a copy of any: Script,
  541  outline, or presentation the applicant will require or suggest a
  542  salesperson to use when soliciting, or, if no such document is
  543  used, a statement to that effect; sales information or
  544  literature to be provided by the applicant to a salesperson; and
  545  sales information or literature to be provided by the applicant
  546  to a purchaser in connection with any solicitation.
  547         (5) An application filed pursuant to this part must be
  548  verified and accompanied by:
  549         (b) A fee for licensing in the amount of $1,500. The fee
  550  shall be deposited into the General Inspection Trust Fund. The
  551  department shall waive the initial license fee for an honorably
  552  discharged veteran of the United States Armed Forces, the spouse
  553  of such a veteran, or a business entity that has a majority
  554  ownership held by such a veteran or spouse if the department
  555  receives an application, in a format prescribed by the
  556  department, within 60 months after the date of the veteran’s
  557  discharge from any branch of the United States Armed Forces. To
  558  qualify for the waiver, a veteran must provide to the department
  559  a copy of his or her DD Form 214, as issued by the United States
  560  Department of Defense, or another acceptable form of
  561  identification as specified by the Department of Veterans’
  562  Affairs; the spouse of a veteran must provide to the department
  563  a copy of the veteran’s DD Form 214, as issued by the United
  564  States Department of Defense, or another acceptable form of
  565  identification as specified by the Department of Veterans’
  566  Affairs, and a copy of a valid marriage license or certificate
  567  verifying that he or she was lawfully married to the veteran at
  568  the time of discharge; or a business entity must provide to the
  569  department proof that a veteran or the spouse of a veteran holds
  570  a majority ownership in the business, a copy of the veteran’s DD
  571  Form 214, as issued by the United States Department of Defense,
  572  or another acceptable form of identification as specified by the
  573  Department of Veterans’ Affairs, and, if applicable, a copy of a
  574  valid marriage license or certificate verifying that the spouse
  575  of the veteran was lawfully married to the veteran at the time
  576  of discharge.
  577         Section 14. Paragraph (b) of subsection (2) of section
  578  501.607, Florida Statutes, is amended to read:
  579         501.607 Licensure of salespersons.—
  580         (2) An application filed pursuant to this section must be
  581  verified and be accompanied by:
  582         (b) A fee for licensing in the amount of $50 per
  583  salesperson. The fee shall be deposited into the General
  584  Inspection Trust Fund. The fee for licensing may be paid after
  585  the application is filed, but must be paid within 14 days after
  586  the applicant begins work as a salesperson. The department shall
  587  waive the initial license fee for an honorably discharged
  588  veteran of the United States Armed Forces, the spouse of such a
  589  veteran, or a business entity that has a majority ownership held
  590  by such a veteran or spouse if the department receives an
  591  application, in a format prescribed by the department, within 60
  592  months after the date of the veteran’s discharge from any branch
  593  of the United States Armed Forces. To qualify for the waiver, a
  594  veteran must provide to the department a copy of his or her DD
  595  Form 214, as issued by the United States Department of Defense,
  596  or another acceptable form of identification as specified by the
  597  Department of Veterans’ Affairs; the spouse of a veteran must
  598  provide to the department a copy of the veteran’s DD Form 214,
  599  as issued by the United States Department of Defense, or another
  600  acceptable form of identification as specified by the Department
  601  of Veterans’ Affairs, and a copy of a valid marriage license or
  602  certificate verifying that he or she was lawfully married to the
  603  veteran at the time of discharge; or a business entity must
  604  provide to the department proof that a veteran or the spouse of
  605  a veteran holds a majority ownership in the business, a copy of
  606  the veteran’s DD Form 214, as issued by the United States
  607  Department of Defense, or another acceptable form of
  608  identification as specified by the Department of Veterans’
  609  Affairs, and, if applicable, a copy of a valid marriage license
  610  or certificate verifying that the spouse of the veteran was
  611  lawfully married to the veteran at the time of discharge.
  612         Section 15. Subsection (3) of section 507.03, Florida
  613  Statutes, is amended to read:
  614         507.03 Registration.—
  615         (3)(a) Registration fees shall be calculated at the rate of
  616  $300 per year per mover or moving broker. All amounts collected
  617  shall be deposited by the Chief Financial Officer to the credit
  618  of the General Inspection Trust Fund of the department for the
  619  sole purpose of administration of this chapter.
  620         (b) The department shall waive the initial registration fee
  621  for an honorably discharged veteran of the United States Armed
  622  Forces, the spouse of such a veteran, or a business entity that
  623  has a majority ownership held by such a veteran or spouse if the
  624  department receives an application, in a format prescribed by
  625  the department, within 60 months after the date of the veteran’s
  626  discharge from any branch of the United States Armed Forces. To
  627  qualify for the waiver, a veteran must provide to the department
  628  a copy of his or her DD Form 214, as issued by the United States
  629  Department of Defense, or another acceptable form of
  630  identification as specified by the Department of Veterans’
  631  Affairs; the spouse of a veteran must provide to the department
  632  a copy of the veteran’s DD Form 214, as issued by the United
  633  States Department of Defense, or another acceptable form of
  634  identification as specified by the Department of Veterans’
  635  Affairs, and a copy of a valid marriage license or certificate
  636  verifying that he or she was lawfully married to the veteran at
  637  the time of discharge; or a business entity must provide to the
  638  department proof that a veteran or the spouse of a veteran holds
  639  a majority ownership in the business, a copy of the veteran’s DD
  640  Form 214, as issued by the United States Department of Defense,
  641  or another acceptable form of identification as specified by the
  642  Department of Veterans’ Affairs, and, if applicable, a copy of a
  643  valid marriage license or certificate verifying that the spouse
  644  of the veteran was lawfully married to the veteran at the time
  645  of discharge.
  646         Section 16. Subsection (3) of section 527.02, Florida
  647  Statutes, is amended to read:
  648         527.02 License; penalty; fees.—
  649         (3)(a) An Any applicant for an original license who submits
  650  an whose application is submitted during the last 6 months of
  651  the license year may have the original license fee reduced by
  652  one-half for the 6-month period. This provision applies shall
  653  apply only to those companies applying for an original license
  654  and may shall not be applied to licensees who held a license
  655  during the previous license year and failed to renew the
  656  license. The department may refuse to issue an initial license
  657  to an any applicant who is under investigation in any
  658  jurisdiction for an action that would constitute a violation of
  659  this chapter until such time as the investigation is complete.
  660         (b) The department shall waive the initial license fee for
  661  an honorably discharged veteran of the United States Armed
  662  Forces, the spouse of such a veteran, or a business entity that
  663  has a majority ownership held by such a veteran or spouse if the
  664  department receives an application, in a format prescribed by
  665  the department, within 60 months after the date of the veteran’s
  666  discharge from any branch of the United States Armed Forces. To
  667  qualify for the waiver, a veteran must provide to the department
  668  a copy of his or her DD Form 214, as issued by the United States
  669  Department of Defense or another acceptable form of
  670  identification as specified by the Department of Veterans’
  671  Affairs; the spouse of a veteran must provide to the department
  672  a copy of the veteran’s DD Form 214, as issued by the United
  673  States Department of Defense, or another acceptable form of
  674  identification as specified by the Department of Veterans’
  675  Affairs, and a copy of a valid marriage license or certificate
  676  verifying that he or she was lawfully married to the veteran at
  677  the time of discharge; or a business entity must provide to the
  678  department proof that a veteran or the spouse of a veteran holds
  679  a majority ownership in the business, a copy of the veteran’s DD
  680  Form 214, as issued by the United States Department of Defense,
  681  or another acceptable form of identification as specified by the
  682  Department of Veterans’ Affairs, and, if applicable, a copy of a
  683  valid marriage license or certificate verifying that the spouse
  684  of the veteran was lawfully married to the veteran at the time
  685  of discharge.
  686         Section 17. Subsection (4) of section 527.021, Florida
  687  Statutes, is amended to read:
  688         527.021 Registration of transport vehicles.—
  689         (4) An inspection fee of $50 shall be assessed for each
  690  registered vehicle inspected by the department pursuant to s.
  691  527.061. All inspection fees collected in connection with this
  692  section shall be deposited in the General Inspection Trust Fund
  693  for the purpose of administering the provisions of this chapter.
  694         Section 18. Subsection (1) of section 531.37, Florida
  695  Statutes, is amended to read:
  696         531.37 Definitions.—As used in this chapter:
  697         (1) “Weights and measures” means all weights and measures
  698  of every kind, instruments, and devices for weighing and
  699  measuring, and any appliance and accessories associated with any
  700  or all such instruments and devices, excluding those weights and
  701  measures used for the purpose of inspecting the accuracy of
  702  devices used in conjunction with aviation fuel.
  703         Section 19. Subsections (1) and (2) of section 531.415,
  704  Florida Statutes, are amended to read:
  705         531.415 Fees.—
  706         (1) The department shall charge and collect fees of not
  707  more than the following fees for actual metrology laboratory
  708  calibration and testing services rendered:
  709         (a) For each mass standard that is tested or certified to
  710  meet tolerances less stringent than American National Standards
  711  Institute/American Society for Testing and Materials (ANSI/ASTM)
  712  Standard E617 Class 4, the department shall charge a fee of not
  713  more than:
  714         Weight                                           Fee/Unit
  715         0 - 2 lb.                                              $6
  716         3 - 10 lb.                                             $8
  717         11 - 50 lb.                                           $12
  718         51 - 500 lb.                                          $20
  719         501 - 1000 lb.                                        $30
  720         1001 - 2500 lb.                                       $40
  721         2501 - 5000 lb.                                       $50
  722         (b) For each mass standard that is tested or certified to
  723  meet ANSI/ASTM Standard Class 4 or National Institute of
  724  Standards and Technology Class P tolerances, the department
  725  shall charge a fee of not more than:
  726         Weight                                           Fee/Unit
  727         0 - 10 lb.                                            $20
  728         11 - 50 lb.                                           $30
  729         51 - 500 lb.                                          $40
  730         501 - 1000 lb.                                        $50
  731         1001 - 2500 lb.                                       $60
  732         2501 - 5000 lb.                                       $75
  733         (c) For each mass standard that is calibrated to determine
  734  actual mass or apparent mass values, the department shall charge
  735  a fee of not more than:
  736         Weight                                           Fee/Unit
  737         0 - 20 lb.                                            $40
  738         21 - 50 lb.                                           $50
  739         51 - 1000 lb.                                         $70
  740         1001 - 2500 lb.                                      $150
  741         2501 - 5000 lb.                                      $250
  742         (d) For each volumetric flask, graduate, or test measure,
  743  the department shall charge a fee of not more than:
  744         Vessel                                     Fee/Test Point
  745         0 - 5 gal.                                            $35
  746         Over 5 gal.         Plus $0.75 for each additional gallon
  747         (e) For each linear measure that is tested or certified,
  748  the department shall charge a fee of not more than $75.
  749         (e)(f) For each linear measure test that is calibrated to
  750  determine actual values, the department shall charge a fee of
  751  $75 not more than $100.
  752         (g) For each liquid-in-glass or electronic thermometer that
  753  is tested or certified, the department shall charge a fee of not
  754  more than $50.
  755         (f)(h) For each temperature measuring device, liquid-in
  756  glass or electronic thermometer that is calibrated to determine
  757  actual values, the department shall charge a fee of $50 not more
  758  than $100.
  759         (g)(i) For each special test or special preparation, the
  760  department shall charge a fee of not more than $50 per hour.
  761         (2) Each fee is payable to the department at the time the
  762  testing is done, regardless of whether the item tested is
  763  certified. The department may refuse to accept for testing any
  764  item deemed by the department to be unsuitable for its intended
  765  use or not to be in a condition ready for testing. The
  766  department shall deposit all fees collected under this section
  767  into the General Inspection Trust Fund.
  768         Section 20. Section 531.60, Florida Statutes, is amended to
  769  read:
  770         531.60 Permit for commercially operated or tested weights
  771  or measures instrument or devices.—
  772         (1) A weights and measures instrument or device may not
  773  operate or be used for commercial purposes, as defined by
  774  department rule, within this state without first being permitted
  775  through a valid commercial use permit issued by the department
  776  to the person who owns the weights and measures device, unless
  777  exempted as provided in s. 531.61. Such permit applies only to
  778  the specific location and instrument types or device types
  779  listed on for which the permit was issued. However, the
  780  department may allow such permit to be applicable to a
  781  replacement for the original instrument or device.
  782         (2) If ownership of a business an instrument or device for
  783  which a permit has been issued changes and the instruments or
  784  devices affected by the permit instrument or device:
  785         (a) Remain Remains in the same location, the permit
  786  transfers to the new owner and remains in effect until its
  787  original expiration date. Within 30 days after the change in
  788  ownership, the new owner shall notify the department of the
  789  change and provide the pertinent information regarding the
  790  change in ownership and an updated replacement permit shall be
  791  issued if needed.
  792         (b) Move Moves to a new location, the permit automatically
  793  expires and a new permit must be applied for by the new owner of
  794  the instruments or devices issued which will expire 1 year
  795  following the date of issuance.
  796         (3) A person who holds a permit that has been issued under
  797  this section must notify the department within 30 days after a
  798  change in permit status or if a permit will not be renewed due
  799  to the termination in use or removal of all weighing and
  800  measuring instruments or devices from the permitted location
  801  Weights and measures instruments or devices that are not used
  802  commercially may be tested by the department under this chapter
  803  only if they are permitted and appropriate fees paid as
  804  prescribed by this section and adopted rules.
  805         Section 21. Section 531.61, Florida Statutes, is amended to
  806  read:
  807         531.61 Exemptions from permit requirement.—Commercial
  808  weights or measures instruments or devices are exempt from the
  809  permit requirements of ss. 531.60-531.66 if:
  810         (1) The device is a taximeter that is licensed, permitted,
  811  or registered by a municipality, county, or other local
  812  government and is tested for accuracy and compliance with state
  813  standards by the local government in cooperation with the state
  814  as authorized in s. 531.421.
  815         (2) The device is used exclusively for weighing railroad
  816  cars and is tested for accuracy and compliance with state
  817  standards by a private testing agency.
  818         (3) The device is used exclusively for measuring aviation
  819  fuel or petroleum products inspected under chapter 525.
  820         Section 22. Subsections (1), (2), and (4) of section
  821  531.62, Florida Statutes, are amended to read:
  822         531.62 Permit application and renewal.—
  823         (1) An application for a weights and measures commercial
  824  use permit shall be submitted to the department on a form
  825  prescribed and furnished by the department and must contain such
  826  information as the department may require by rule.
  827         (2) The application must be accompanied by a fee in an
  828  amount determined by the number and types of instruments or
  829  devices covered by the permit as provided by department rule.
  830  However, the fee for each instrument or device listed on the
  831  permit may not exceed the maximum limits set forth in s. 531.63.
  832         (4) A permit expires 2 years 1 year following its date of
  833  issue and must be renewed biennially annually. If a complete an
  834  application package for renewal is not received by the
  835  department before the permit expires within 30 days after its
  836  due date, a late fee of up to $100 must be paid in addition to
  837  the annual commercial use permit fee. However, a person may
  838  elect to renew a commercial use permit on an annual basis rather
  839  than a biennial basis. An annual renewal must meet the same
  840  requirements and conditions as a biennial renewal.
  841         Section 23. Paragraph (a) of subsection (1) and subsection
  842  (2) of section 531.63, Florida Statutes, are amended to read:
  843         531.63 Maximum permit fees.—The commercial use permit fees
  844  established for weights or measures instruments or devices shall
  845  be in an amount necessary to administer this chapter but may not
  846  exceed the amounts provided in this section.
  847         (1) For weighing devices, the fees must be based on the
  848  manufacturer’s rated capacity or the device’s design and use and
  849  whether measuring by inch or pounds or the metric equivalent:
  850         (a) For weighing devices of up to and including the 100
  851  pound capacity which are used during any portion of the period
  852  covered by the permit, the maximum annual fees per category of
  853  device retail establishment may not exceed the following:
  854         Number of devices
  855         in a single category retail
  856         establishment                                 Maximum Fee
  857         1 to 5                                                $60
  858         6 to 10                                              $150
  859         11 to 30                                             $200
  860         More than 30                                         $300
  861         (2) For other measuring devices, the annual permit fees per
  862  device may not exceed the following:
  863         (a) Mass flow meters having a maximum flow rate of up to
  864  150 pounds per minute......................................$100.
  865  This includes all mass flow meters used to dispense compressed
  866  and liquefied natural gas for retail sale.
  867         (b) Mass flow meters having a maximum flow rate greater
  868  than 150 pounds per minute.................................$500.
  869         (c) Volumetric flow meters having a maximum flow rate of up
  870  to 20 gallons per minute....................................$50.
  871  This includes all devices used to dispense diesel exhaust fluid
  872  for retail sale.
  873         (d) Volumetric flow meters having a maximum flow rate
  874  greater than 20 gallons per minute.........................$100.
  875         (e) Tanks, under 500 gallons capacity, used as measure
  876  containers, with or without gage rods or markers...........$100.
  877         (f) Tanks, 500 or more gallons capacity, used as measure
  878  containers, with or without gage rods or markers...........$200.
  879         (g) Taximeters.......................................$50.
  880         (h) Grain moisture meters............................$25.
  881         (h)(i) Multiple-dimension measuring
  882  devices....................................................$100.
  883         (i) Liquefied petroleum gas bulk delivery vehicles with a
  884  meter owned or leased by a liquefied petroleum gas licensee$150.
  885         Section 24. Section 531.65, Florida Statutes, is amended to
  886  read:
  887         531.65 Unauthorized use; penalties.—If a weights or
  888  measures instrument or device is used commercially without a
  889  valid commercial use permit, the department may do one or more
  890  of the following:
  891         (1) Prohibit the further commercial use of the unpermitted
  892  instrument or device until the proper permit has been issued.;
  893         (2) Employ and attach to the instrument or device such
  894  form, notice, tag, or seal to prevent the continued unauthorized
  895  use of the instrument or device.;
  896         (3) In addition to the permit fees prescribed by rule for
  897  the commercial use of a weights and measures instrument or
  898  device, assess the late fee authorized under s. 531.62.; or
  899         (4) Impose penalties as prescribed in s. 531.50 in addition
  900  to the payment of appropriate permit fees for the commercial use
  901  of a weights and measures instrument or device.
  902         Section 25. Paragraph (c) of subsection (3) of section
  903  539.001, Florida Statutes, is amended to read:
  904         539.001 The Florida Pawnbroking Act.—
  905         (3) LICENSE REQUIRED.—
  906         (c) Each license is valid for a period of 1 year unless it
  907  is earlier relinquished, suspended, or revoked. Each license
  908  shall be renewed annually, and each licensee shall, initially
  909  and annually thereafter, pay to the agency a license fee of $300
  910  for each license held. The agency shall waive the initial
  911  license fee for an honorably discharged veteran of the United
  912  States Armed Forces, the spouse of such a veteran, or a business
  913  entity that has a majority ownership held by such a veteran or
  914  spouse if the agency receives an application, in a format
  915  prescribed by the agency, within 60 months after the date of the
  916  veteran’s discharge from any branch of the United States Armed
  917  Forces. To qualify for the waiver, a veteran must provide to the
  918  agency a copy of his or her DD Form 214, as issued by the United
  919  States Department of Defense, or another acceptable form of
  920  identification as specified by the Department of Veterans’
  921  Affairs; the spouse of a veteran must provide to the agency a
  922  copy of the veteran’s DD Form 214, as issued by the United
  923  States Department of Defense, or another acceptable form of
  924  identification as specified by the Department of Veterans’
  925  Affairs, and a copy of a valid marriage license or certificate
  926  verifying that he or she was lawfully married to the veteran at
  927  the time of discharge; or a business entity must provide to the
  928  agency proof that a veteran or the spouse of a veteran holds a
  929  majority ownership in the business, a copy of the veteran’s DD
  930  Form 214, as issued by the United States Department of Defense,
  931  or another acceptable form of identification as specified by the
  932  Department of Veterans’ Affairs, and, if applicable, a copy of a
  933  valid marriage license or certificate verifying that the spouse
  934  of the veteran was lawfully married to the veteran at the time
  935  of discharge.
  936         Section 26. Subsection (3) of section 559.904, Florida
  937  Statutes, is amended to read:
  938         559.904 Motor vehicle repair shop registration;
  939  application; exemption.—
  940         (3)(a) Each application for registration must be
  941  accompanied by a registration fee calculated on a per-year basis
  942  as follows:
  943         1.(a) If the place of business has 1 to 5 employees: $50.
  944         2.(b) If the place of business has 6 to 10 employees: $150.
  945         3.(c) If the place of business has 11 or more employees:
  946  $300.
  947         (b) The department shall waive the initial registration fee
  948  for an honorably discharged veteran of the United States Armed
  949  Forces, the spouse of such a veteran, or a business entity that
  950  has a majority ownership held by such a veteran or spouse if the
  951  department receives an application, in a format prescribed by
  952  the department, within 60 months after the date of the veteran’s
  953  discharge from any branch of the United States Armed Forces. To
  954  qualify for the waiver, a veteran must provide to the department
  955  a copy of his or her DD Form 214, as issued by the United States
  956  Department of Defense, or another acceptable form of
  957  identification as specified by the Department of Veterans’
  958  Affairs; the spouse of a veteran must provide to the department
  959  a copy of the veteran’s DD Form 214, as issued by the United
  960  States Department of Defense, or another acceptable form of
  961  identification as specified by the Department of Veterans’
  962  Affairs, and a copy of a valid marriage license or certificate
  963  verifying that he or she was lawfully married to the veteran at
  964  the time of discharge; or a business entity must provide to the
  965  department proof that a veteran or the spouse of a veteran holds
  966  a majority ownership in the business, a copy of the veteran’s DD
  967  Form 214, as issued by the United States Department of Defense
  968  or another acceptable form of identification as specified by the
  969  Department of Veterans’ Affairs, and, if applicable, a copy of a
  970  valid marriage license or certificate verifying that the spouse
  971  of the veteran was lawfully married to the veteran at the time
  972  of discharge.
  973         Section 27. Subsections (1), (7), (8), (10), and (11) and
  974  present subsection (13) of section 559.927, Florida Statutes,
  975  are amended, present subsections (12) and (13) of that section
  976  are redesignated as subsections (13) and (14), respectively, and
  977  a new subsection (12) is added to that section, to read:
  978         559.927 Definitions.—For the purposes of this part, the
  979  term:
  980         (1) “Accommodations” means any hotel or motel room,
  981  condominium or cooperative unit, cabin, lodge, or apartment; any
  982  other commercial structure designed for occupancy by one or more
  983  individuals; or any lodging establishment as provided by law.
  984  The term does not include long-term home rentals covered under a
  985  lease pursuant to chapter 83.
  986         (7) “Prearranged travel or, tourist-related services, or
  987  tour-guide services” includes, but is not limited to, car
  988  rentals, lodging, transfers, and sightseeing tours and all other
  989  such services that which are reasonably related to air, sea,
  990  rail, motor coach, or other medium of transportation, or
  991  accommodations for which a purchaser receives a premium or
  992  contracts or pays before prior to or after departure. This term
  993  These terms also includes include services for which a
  994  purchaser, whose legal residence is outside the United States,
  995  contracts or pays before prior to departure, and any arrangement
  996  by which a purchaser prepays for, receives a reservation or any
  997  other commitment to provide services before prior to departure
  998  for, or otherwise arranges for travel directly to a terrorist
  999  state and which originates in Florida.
 1000         (8) “Purchaser” means the purchaser of, or person otherwise
 1001  entitled to receive, prearranged travel or, tourist-related
 1002  services, or tour-guide services, for a fee or commission, or
 1003  who has acquired a vacation certificate for personal use.
 1004         (10) “Satisfactory consumer complaint history” means no
 1005  unresolved complaints regarding prearranged travel or, tourist
 1006  related services, or tour-guide services are on file with the
 1007  department. A complaint is unresolved when a seller of travel
 1008  does not respond to the department’s efforts to mediate the
 1009  complaint or a complaint where the department has determined
 1010  that a violation of this part has occurred and the complaint has
 1011  not been satisfied by the seller of travel.
 1012         (11) “Seller of travel” means any resident or nonresident
 1013  person, firm, corporation, or business entity that who offers
 1014  for sale, directly or indirectly, at wholesale or retail,
 1015  prearranged travel or, tourist-related services, or tour-guide
 1016  services for individuals or groups, including, but not limited
 1017  to, vacation or tour packages, or vacation certificates in
 1018  exchange for a fee, commission, or other valuable consideration.
 1019  The term includes such person, firm, corporation, or business
 1020  entity who sells a vacation certificate to third-party merchants
 1021  for a fee, or in exchange for a commission, or who offers such
 1022  certificates to consumers in exchange for attendance at sales
 1023  presentations. The term also includes any business entity
 1024  offering membership in a travel club or travel services for an
 1025  advance fee or payment, even if no travel contracts or
 1026  certificates or vacation or tour packages are sold by the
 1027  business entity. The term does not include third parties who may
 1028  offer prearranged travel or tourist-related services, but do not
 1029  participate in travel fulfillment or vacation certificate
 1030  redemption.
 1031         (12) “Student tour operator” means any resident or
 1032  nonresident person, firm, corporation, or business entity that
 1033  offers, directly or indirectly, prearranged travel or tourist
 1034  related services for groups within the educational community,
 1035  school districts, educators, and students and their families, in
 1036  exchange for a fee, a commission, or any other valuable
 1037  consideration.
 1038         (13)(12) “Terrorist state” means any state, country, or
 1039  nation designated by the United States Department of State as a
 1040  state sponsor of terrorism.
 1041         (14)(13) “Vacation certificate” means any arrangement,
 1042  plan, program, or vacation package, or advance travel purchase
 1043  that promotes, discusses, or discloses a destination or
 1044  itinerary or type of travel, whereby a purchaser for
 1045  consideration paid in advance is entitled to the use of travel,
 1046  accommodations, or facilities for any number of days, whether
 1047  certain or uncertain, during the period in which the certificate
 1048  can be exercised, and no specific date or dates for its use are
 1049  designated. A vacation certificate does not include prearranged
 1050  travel or, tourist-related services, or tour-guide services when
 1051  a seller of travel remits full payment for the cost of such
 1052  services to the provider or supplier within 10 business days of
 1053  the purchaser’s initial payment to the seller of travel. The
 1054  term does not include travel if exact travel dates are selected,
 1055  guaranteed, and paid for at the time of the purchase.
 1056         Section 28. Subsections (2) through (8) and present
 1057  subsection (9) of section 559.928, Florida Statutes, are
 1058  amended, and a new subsection (9) is added to that section, to
 1059  read:
 1060         559.928 Registration.—
 1061         (2)(a) Registration fees shall be as follows:
 1062         1. Three hundred dollars per year per registrant certifying
 1063  its business activities under s. 559.9285(1)(a).
 1064         2. One thousand dollars per year per registrant certifying
 1065  its business activities under s. 559.9285(1)(b).
 1066         3. Twenty-five hundred dollars per year per registrant
 1067  certifying its business activities under s. 559.9285(1)(c).
 1068         (b) All amounts collected shall be deposited by the Chief
 1069  Financial Officer to the credit of the General Inspection Trust
 1070  Fund of the Department of Agriculture and Consumer Services
 1071  pursuant to s. 570.20, for the sole purpose of administration of
 1072  this part.
 1073         (c) The department shall waive the initial registration fee
 1074  for an honorably discharged veteran of the United States Armed
 1075  Forces, the spouse of such a veteran, or a business entity that
 1076  has a majority ownership held by such a veteran or spouse if the
 1077  department receives an application, in a format prescribed by
 1078  the department, within 60 months after the date of the veteran’s
 1079  discharge from any branch of the United States Armed Forces. To
 1080  qualify for the waiver, a veteran must provide to the department
 1081  a copy of his or her DD Form 214, as issued by the United States
 1082  Department of Defense, or another acceptable form of
 1083  identification as specified by the Department of Veterans’
 1084  Affairs; the spouse of a veteran must provide to the department
 1085  a copy of the veteran’s DD Form 214, as issued by the United
 1086  States Department of Defense, or another acceptable form of
 1087  identification as specified by the Department of Veterans’
 1088  Affairs, and a copy of a valid marriage license or certificate
 1089  verifying that he or she was lawfully married to the veteran at
 1090  the time of discharge; or a business entity must provide to the
 1091  department proof that a veteran or the spouse of a veteran holds
 1092  a majority ownership in the business, a copy of the veteran’s DD
 1093  Form 214, as issued by the United States Department of Defense,
 1094  or another acceptable form of identification as specified by the
 1095  Department of Veterans’ Affairs, and, if applicable, a copy of a
 1096  valid marriage license or certificate verifying that the spouse
 1097  of the veteran was lawfully married to the veteran at the time
 1098  of discharge.
 1099         (3) Each independent agent shall annually file an
 1100  application affidavit with the department before prior to
 1101  engaging in business in this state. This application affidavit
 1102  must include the independent agent’s full name, legal business
 1103  or trade name, mailing address, business address, telephone
 1104  number, and the name and address of each seller of travel
 1105  represented by the independent agent. A letter evidencing proof
 1106  of filing must be issued by the department and must be
 1107  prominently displayed in the independent agent’s primary place
 1108  of business. Each independent agent must also submit an annual
 1109  registration fee of $50. All moneys collected pursuant to the
 1110  imposition of the fee shall be deposited by the Chief Financial
 1111  Officer into the General Inspection Trust Fund of the Department
 1112  of Agriculture and Consumer Services for the sole purpose of
 1113  administrating this part. As used in this subsection, the term
 1114  “independent agent” means a person who represents a seller of
 1115  travel by soliciting persons on its behalf; who has a written
 1116  contract with a seller of travel which is operating in
 1117  compliance with this part and any rules adopted thereunder; who
 1118  does not receive a fee, commission, or other valuable
 1119  consideration directly from the purchaser for the seller of
 1120  travel; who does not at any time have any unissued ticket stock
 1121  or travel documents in his or her possession; and who does not
 1122  have the ability to issue tickets, vacation certificates, or any
 1123  other travel document. The term “independent agent” does not
 1124  include an affiliate of the seller of travel, as that term is
 1125  used in s. 559.935(3), or the employees of the seller of travel
 1126  or of such affiliates.
 1127         (4) A Any person applying for or renewing a local business
 1128  tax receipt to engage in business as a seller of travel must
 1129  exhibit a current registration certificate from the department
 1130  before the local business tax receipt may be issued or reissued.
 1131         (5) Each contract, advertisement, certificate, or travel
 1132  document of a seller of travel must include the phrase “...(NAME
 1133  OF FIRM)... is registered with the State of Florida as a Seller
 1134  of Travel. Registration No......”
 1135         (6) Each advertisement of a seller of travel must include
 1136  the phrase “Fla. Seller of Travel Reg. No......”
 1137         (6)(7)A No registration is not shall be valid for any
 1138  seller of travel transacting business at any place other than
 1139  that designated in its application, unless the department is
 1140  first notified in writing in advance of any change of location.
 1141  A Nor shall the registration is not be valid for an affiliate of
 1142  the seller of travel who engages in the prearranged travel and
 1143  tourist business. A registration issued under this part may
 1144  shall not be assignable, and the seller of travel may shall not
 1145  be permitted to conduct business under more than one name except
 1146  as registered. A seller of travel desiring to change its
 1147  registered name or location or designated agent for service of
 1148  process at a time other than upon renewal of registration shall
 1149  notify the department of such change.
 1150         (7)(8) Applications under this section are shall be subject
 1151  to the provisions of s. 120.60.
 1152         (8)(9) The department may deny, or refuse to renew, or
 1153  revoke the registration of any seller of travel based upon a
 1154  determination that the seller of travel, or any of its
 1155  directors, officers, owners, or general partners while acting on
 1156  behalf of the seller of travel:
 1157         (a) Has failed to meet the requirements for registration as
 1158  provided in this part;
 1159         (b) Has been convicted of a crime involving fraud, theft,
 1160  embezzlement, dishonest dealing, or any other act of moral
 1161  turpitude or any other act arising out of conduct as a seller of
 1162  travel;
 1163         (c) Has not satisfied a civil fine or penalty arising out
 1164  of any administrative or enforcement action brought by any
 1165  governmental agency or private person based upon conduct
 1166  involving fraud, theft, embezzlement, dishonest dealing, or any
 1167  violation of this part; or
 1168         (d) Has pending against her or him any criminal,
 1169  administrative, or enforcement proceedings in any jurisdiction,
 1170  based upon conduct involving fraud, dishonest dealing, or any
 1171  other act of moral turpitude; or
 1172         (d)(e) Has had a judgment entered against her or him in any
 1173  action brought by the department or the Department of Legal
 1174  Affairs pursuant to ss. 501.201-501.213 or this act part.
 1175         (9) The department may deny or refuse to renew the
 1176  registration of any seller of travel based upon a determination
 1177  by the department that the seller of travel, or any of the
 1178  seller’s directors, officers, owners, or general partners has
 1179  pending against him or her while acting on behalf of the seller
 1180  of travel any criminal, administrative, or enforcement
 1181  proceedings in any jurisdiction, based upon conduct involving
 1182  fraud, theft, embezzlement, or dishonest dealing, or any other
 1183  act of moral turpitude.
 1184         Section 29. Section 559.9281, Florida Statutes, is created
 1185  to read:
 1186         559.9281 Student tour operators.—
 1187         (1) The Department of Agriculture and Consumer Services
 1188  shall establish a process for sellers of travel to apply to be,
 1189  and be listed as, approved student tour operators to serve
 1190  students in all primary and secondary school districts within
 1191  the state.
 1192         (2) The department shall adopt rules to implement this
 1193  section, including the establishment of the application
 1194  procedures and minimum standards for those persons wishing to be
 1195  approved as student tour operators under this section. At a
 1196  minimum, a student tour operator must be registered and approved
 1197  by the department as a seller of travel under s. 559.928,
 1198  maintain security requirements provided under s. 559.929, and be
 1199  current on all state and local business taxes.
 1200         (3) The department shall maintain a list of approved
 1201  student tour operators to serve students in all primary and
 1202  secondary school districts within the state. The department
 1203  shall update this list at least annually and shall provide, as
 1204  created and updated, a current version of the list to the
 1205  Department of Education.
 1206         (4) The Department of Education shall publish and maintain
 1207  a current version of the list in a prominent location on its
 1208  website.
 1209         Section 30. Subsections (2) through (6) of section 559.929,
 1210  Florida Statutes, are amended to read:
 1211         559.929 Security requirements.—
 1212         (2) The bond must be filed with the department on a form
 1213  adopted by department rule and must be in favor of the
 1214  department for the use and benefit of a consumer traveler who is
 1215  injured by the fraud, misrepresentation, breach of contract, or
 1216  financial failure, or any other violation of this part by the
 1217  seller of travel. Such liability may be enforced by proceeding
 1218  in an administrative action as specified in subsection (3) or by
 1219  filing a civil action. However, in such civil action the bond
 1220  posted with the department shall not be amenable or subject to a
 1221  judgment or other legal process issuing out of or from such
 1222  court in connection with such civil action, but such bond shall
 1223  be amenable to and enforceable only by and through
 1224  administrative proceedings before the department. It is the
 1225  intent of the Legislature that such bond be applicable and
 1226  liable only for the payment of claims duly adjudicated by order
 1227  of the department. The bond must be open to successive claims,
 1228  but the aggregate amount awarded may not exceed the amount of
 1229  the bond. In addition to the foregoing, a bond provided by a
 1230  registrant or applicant for registration which certifies its
 1231  business activities under s. 559.9285(1)(b) or (c) must be in
 1232  favor of the department, with payment in the following order of
 1233  priority:
 1234         (a) The expenses for prosecuting the registrant or
 1235  applicant in an administrative or civil action under this part,
 1236  including attorney fees and fees for other professionals, court
 1237  costs or other costs of the proceedings, and all other expenses
 1238  incidental to the action.
 1239         (b) The costs and expenses of investigation before the
 1240  commencement of an administrative or civil action under this
 1241  part.
 1242         (c) An unpaid administrative fine imposed by final order or
 1243  an unpaid civil penalty imposed by final judgment under this
 1244  part.
 1245         (d) Damages or compensation for a consumer traveler injured
 1246  as provided in this subsection.
 1247         (3) A consumer traveler may file a claim against the bond.
 1248  Such claim, which must be submitted in writing on an affidavit
 1249  form adopted by department rule, must be submitted to the
 1250  department within 120 days after an alleged injury has occurred
 1251  or is discovered to have occurred or a judgment has been
 1252  entered. The proceedings shall be conducted pursuant to chapter
 1253  120. For proceedings conducted pursuant to ss. 120.569 and
 1254  120.57, the agency shall act only as a nominal party.
 1255         (4) A consumer who is injured by the seller of travel, or
 1256  the department or another governmental agency acting on behalf
 1257  of the injured consumer, may bring and maintain an action to
 1258  recover against the bond.
 1259         (5) Any indebtedness determined by final order of the
 1260  department shall be paid by the seller of travel to the
 1261  department within 30 days after the order is entered for
 1262  disbursement to the consumer. If the seller of travel fails to
 1263  make payment within 30 days, the agency shall make a demand for
 1264  payment upon the surety which includes an institution issuing a
 1265  letter of credit or depository on a certificate of deposit. Upon
 1266  failure of a surety to comply with a demand for payment pursuant
 1267  to a final order, the department may file an action in circuit
 1268  court to recover payment, up to the amount of the bond or other
 1269  form of security, pursuant to s. 120.69. If the department
 1270  prevails, the department may recover court costs and reasonable
 1271  attorney fees.
 1272         (6)(5) If the seller of travel is currently the subject of
 1273  an administrative, civil, or criminal action by the department,
 1274  the Department of Legal Affairs, or the state attorney relating
 1275  to compliance with this part, the right to proceed against the
 1276  bond as provided in subsection (3) is suspended until any
 1277  enforcement action becomes final.
 1278         (7)(6) The department may waive the bond requirement on an
 1279  annual basis if the seller of travel has had 5 or more
 1280  consecutive years of experience as a seller of travel in this
 1281  state in compliance with this part, has not had a civil,
 1282  criminal, or administrative action instituted against the seller
 1283  of travel in the vacation and travel business by a governmental
 1284  agency or an action involving fraud, theft, misappropriation of
 1285  property, violation of a statute pertaining to business or
 1286  commerce with a terrorist state, or moral turpitude, or other
 1287  violation of this part and has a satisfactory consumer complaint
 1288  history with the department, and certifies its business
 1289  activities under s. 559.9285. Such waiver may be revoked if the
 1290  seller of travel violates this part. A seller of travel which
 1291  certifies its business activities under s. 559.9285(1)(b) or (c)
 1292  is not entitled to the waiver provided in this subsection.
 1293         Section 31. Subsections (2) and (17) of section 559.9295,
 1294  Florida Statutes, are amended to read:
 1295         559.9295 Submission of vacation certificate documents.
 1296  Sellers of travel who offer vacation certificates must submit
 1297  and disclose to the department with the application for
 1298  registration, and any time such document is changed, but prior
 1299  to the sale of any vacation certificate, the following
 1300  materials:
 1301         (2) A copy of each promotional brochure, pamphlet, form
 1302  letter, registration form, or any other written material
 1303  disseminated in connection with the advertising, promotion, or
 1304  sale of any vacation certificate. Any such promotional materials
 1305  that include terms such as “free,” “awarded,” “prize,”
 1306  “absolutely without charge,” and “free of charge,” or similar
 1307  words or groups of words, which might reasonably lead a person
 1308  to believe that he or she may receive, or has been selected to
 1309  receive, something of value without making full or partial
 1310  compensation in any form from the recipient must:
 1311         (a) Clearly and conspicuously display the following
 1312  disclosure in at least 12-point type: “....(NAME OF FIRM).... is
 1313  registered with the State of Florida as a seller of travel,
 1314  Registration No....THIS IS NOT A FREE OFFER. SEE TERMS AND
 1315  CONDITIONS VIA WWW.(OFFER WEBSITE).COM. RESPONSE TO THIS OFFER
 1316  DOES NOT GUARANTEE TRAVEL.” The offer website referred to in the
 1317  disclosure must include, and clearly indicate, the terms and
 1318  conditions for such a vacation certificate offer.
 1319         (b) Disclose the number of individuals who actually
 1320  traveled pursuant to the vacation certificate, as opposed to the
 1321  number of individuals who submitted or otherwise activated the
 1322  vacation certificate, in the 12 months preceding issuance of the
 1323  promotional material.
 1324         (17) Within 10 working days after receipt of any materials
 1325  submitted subsequent to filing an initial registration
 1326  application or any annual renewal thereof, the department shall
 1327  determine whether such materials are adequate to meet the
 1328  requirements of this section. The department shall notify the
 1329  seller of travel that materials submitted are in substantial
 1330  compliance, or shall notify the seller of travel of any specific
 1331  deficiencies. If the department fails to notify the seller of
 1332  travel of its determination within the period specified in this
 1333  subsection, the materials shall be deemed in compliance;
 1334  however, the failure of the department to send notification in
 1335  either case will not relieve the seller of travel from the duty
 1336  of complying with this section.
 1337  
 1338  Neither the submission of these materials nor the department’s
 1339  response implies approval, recommendation, or endorsement by the
 1340  department or that the contents of said materials have been
 1341  verified by the department.
 1342         Section 32. Section 559.932, Florida Statutes, is amended
 1343  to read:
 1344         559.932 Vacation certificate disclosure.—
 1345         (1) A It shall be unlawful for any seller of travel must to
 1346  fail to provide each person solicited with a contract that
 1347  includes which shall include the following information, which
 1348  shall be in 12-point type, unless otherwise specified:
 1349         (a) A space for the date, name, address, and signature of
 1350  the purchaser.
 1351         (b) The expiration date of the vacation certificate and the
 1352  terms and conditions of its extension or renewal, if available.
 1353         (c) The name and business address of any seller of travel
 1354  who may solicit vacation certificate purchasers for further
 1355  purchases, and a full and complete statement as to the nature
 1356  and method of that solicitation.
 1357         (d) The total financial obligation of the purchaser which
 1358  shall include the initial purchase price and any additional
 1359  charges to which the purchaser may be subject, including, but
 1360  not limited to, any per diem, seasonal, reservation, or
 1361  recreational charge.
 1362         (e) The name and street address of any person who has the
 1363  right to alter, amend, or add to the charges to which the
 1364  purchaser may be subject and the terms and conditions under
 1365  which such charges may be imposed.
 1366         (f) If any accommodation or facility which a purchaser
 1367  acquires the right to use pursuant to the vacation certificate
 1368  is not completed at the time the certificate is offered for
 1369  sale, the date of availability of each component of the
 1370  accommodation or facility.
 1371         (g) By means of a section entitled “terms and conditions”:
 1372         1. All eligibility requirements for use of the vacation
 1373  certificate, including, but not limited to, age, sex, marital
 1374  status, group association, residency, or geographic limitations.
 1375         2. All eligibility requirements for use of any discount or
 1376  complimentary coupon or ticket.
 1377         3. A statement as to whether transportation and meals are
 1378  provided pursuant to use of the certificate.
 1379         4. Any room deposit requirement, including all conditions
 1380  for its return or refund.
 1381         5. The manner in which reservation requests are to be made
 1382  and the method by which they are to be confirmed.
 1383         6. Any identification, credential, or other means by which
 1384  a purchaser must establish her or his entitlement to the rights,
 1385  benefits, or privileges of the vacation certificate.
 1386         7. Any restriction or limitation upon transfer of the
 1387  vacation certificate or any right, benefit, or privilege
 1388  thereunder.
 1389         8. Any other term, limitation, condition, or requirement
 1390  material to use of the vacation certificate or any right,
 1391  benefit, or privilege thereunder.
 1392         (h) In immediate proximity to the space reserved in the
 1393  contract for the date and the name, address, and signature of
 1394  the purchaser, the following statement in boldfaced type of a
 1395  size of 10 points:
 1396  
 1397         “YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR
 1398  OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT
 1399  OF THE VACATION CERTIFICATE, WHICHEVER OCCURS LATER.”
 1400         “YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMMODATIONS OR
 1401  FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS
 1402  PROVIDED IN THE CONTRACT.”
 1403         “TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A
 1404  STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED
 1405  AND POSTMARKED, OR DELIVERED TO ...(NAME)... AT ...(ADDRESS)...
 1406  NO LATER THAN MIDNIGHT OF ....(DATE).....”
 1407         “IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN
 1408  WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATE
 1409  AND SENDING NOTICE TO: ...(NAME OF SELLER)... AT ...(SELLER’S
 1410  ADDRESS)....”
 1411         (i) In immediate proximity to the statement required in
 1412  paragraph (h), the following statement in boldfaced type of a
 1413  size of 12 10 points:
 1414  
 1415         “NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN
 1416  THOSE INCLUDED IN THIS CONTRACT.”
 1417  
 1418  However, inclusion of this statement shall not impair any
 1419  purchaser’s right to bring legal action based on verbal
 1420  statements.
 1421         (j) In immediate proximity to the statement required in
 1422  paragraph (i), the following statement:
 1423         “This contract is for the purchase of a vacation
 1424  certificate and puts all assignees on notice of the consumer’s
 1425  right to cancel under section 559.933, Florida Statutes.”
 1426         (2) If a sale or agreement to purchase a vacation
 1427  certificate is completed over the telephone, the seller shall
 1428  inform the purchaser over the telephone that:
 1429         (a) The purchaser may cancel the contract without any
 1430  penalty or obligation within 30 days from the date of purchase
 1431  or receipt of the vacation certificate, whichever occurs later.
 1432         (b) The purchaser may also cancel the contract if
 1433  accommodations or facilities are not available upon request for
 1434  use as provided in the contract.
 1435         (3) Upon receipt of a copy of a vacation certificate or
 1436  contract required pursuant to s. 559.9295, the department shall
 1437  review the vacation certificate or contract for compliance with
 1438  the disclosures required under this section. The submission of
 1439  the vacation certificate or contract and the department’s
 1440  response do not imply approval, recommendation, or endorsement
 1441  by the department or that the contents of the vacation
 1442  certificate or contract have been verified by the department.
 1443         Section 33. Section 559.933, Florida Statutes, is amended
 1444  to read:
 1445         559.933 Vacation certificate cancellation and refund
 1446  provisions.—
 1447         (1) A It shall be unlawful for any seller of travel or an
 1448  assignee must honor a purchaser’s request to cancel a vacation
 1449  certificate if such request is made:
 1450         (1) To fail or refuse to honor a purchaser’s vacation
 1451  certificate request to cancel if such request is made:
 1452         (a) Within 30 days after from the date of purchase or
 1453  receipt of the vacation certificate, whichever occurs later; or
 1454         (b) At any time accommodations or facilities are not
 1455  available pursuant to a request for use as provided in the
 1456  contract, provided that:
 1457         1. The contract may shall not require notice greater than
 1458  60 days in advance of the date requested for use;
 1459         2. If acceptable to the purchaser, comparable alternate
 1460  accommodations or facilities in a city, or reservations for a
 1461  date different than that requested, may be provided.
 1462         (2) A seller of travel or an assignee must To fail to
 1463  refund any and all payments made by the vacation certificate
 1464  purchaser within 30 days after receipt of the certificate and
 1465  notice of cancellation made pursuant to this section, if the
 1466  purchaser has not received any benefits pursuant to the vacation
 1467  certificate.
 1468         (3) A seller of travel or an assignee must, if the
 1469  purchaser has received any benefits pursuant to the vacation
 1470  certificate, to fail to refund within 30 days after receipt of
 1471  the certificate and notice of cancellation made pursuant to this
 1472  section any and all payments made by the purchaser which exceed
 1473  a pro rata portion of the total price, representing the portion
 1474  of any benefits actually received by the vacation certificate
 1475  purchaser during the time preceding cancellation.
 1476         (4) If Where any purchaser has received confirmation of
 1477  reservations in advance and is refused accommodations upon
 1478  arrival, a seller of travel or an assignee must to fail to
 1479  procure comparable alternate accommodations for the purchaser in
 1480  the same city at no expense to the purchaser, or to fail to
 1481  fully compensate the purchaser for the room rate incurred in
 1482  securing comparable alternate accommodations himself or herself.
 1483         (5) A seller of travel or an assignee may not To collect
 1484  more than the full contract price from the purchaser.
 1485         (6) A seller of travel or an assignee may not To sell,
 1486  assign, or otherwise transfer any interest in a seller of travel
 1487  business, or to sell, assign, or otherwise transfer to a third
 1488  party any interest in any vacation certificate unless:
 1489         (a) The third party agrees in writing to fully honor the
 1490  rights of vacation certificate purchasers to cancel and to
 1491  receive an appropriate refund or reimbursement as provided in
 1492  this section.
 1493         (b) The third party agrees in writing to comply with all
 1494  other provisions of this part for as long as the third party
 1495  continues the sale of vacation certificates or for the duration
 1496  of the period of validity of outstanding vacation certificates,
 1497  whichever is longer in time.
 1498         (c) The seller of travel agrees to be liable for and fully
 1499  indemnify a purchaser from any loss occasioned by the failure of
 1500  the third party to honor the purchaser’s right to cancel and
 1501  failure to make prompt and complete refund to the purchaser of
 1502  all sums paid to the third party, or occasioned by the third
 1503  party’s failure to comply with the provisions of this part.
 1504         (7) A seller of travel or an assignee must To fail to
 1505  fulfill the terms of a vacation certificate within 18 months
 1506  after of the initial payment of any consideration by the
 1507  purchaser to a seller of travel or third party.
 1508         Section 34. Section 559.9335, Florida Statutes, is amended
 1509  to read:
 1510         559.9335 Violations.—It is a violation of this part for any
 1511  seller of travel, independent agent, assignee, or other person:
 1512         (1) To conduct business as a seller of travel without
 1513  registering annually with the department unless exempt pursuant
 1514  to s. 559.935.
 1515         (2) To conduct business as a seller of travel without an
 1516  annual purchase of a performance bond in the amount set by the
 1517  department unless exempt pursuant to s. 559.935.
 1518         (3) Knowingly to make any false statement, representation,
 1519  or certification in any application, document, or record
 1520  required to be submitted or retained under this part or in any
 1521  response to an inquiry or investigation conducted by the
 1522  department or any other governmental agency.
 1523         (4) Knowingly to sell or market any number of vacation
 1524  certificates that exceed the number disclosed to the department
 1525  pursuant to this section.
 1526         (5) Knowingly to sell or market vacation certificates with
 1527  an expiration date of more than 18 months from the date of
 1528  issuance.
 1529         (6) Knowingly to require, request, encourage, or suggest,
 1530  directly or indirectly, that payment for the right to obtain a
 1531  travel contract, certificate, or vacation package must be by
 1532  credit card authorization or to otherwise announce a preference
 1533  for that method of payment over any other when no correct and
 1534  true explanation for such preference is likewise stated.
 1535         (6)(7) Knowingly to state, represent, indicate, suggest, or
 1536  imply, directly or indirectly, that the travel contract,
 1537  certificate, or vacation package being offered by the seller of
 1538  travel cannot be purchased at some later time or may not
 1539  otherwise be available after the initial contact, or that
 1540  callbacks by the prospective purchaser are not accepted, when no
 1541  such restrictions or limitations in fact exist.
 1542         (7)(8) To misrepresent in any manner the purchaser’s right
 1543  to cancel and to receive an appropriate refund or reimbursement
 1544  as provided by this part.
 1545         (8)(9) To sell any vacation certificate the duration of
 1546  which exceeds the duration of any agreement between the seller
 1547  and any business entity obligated thereby to provide
 1548  accommodations or facilities pursuant to the vacation
 1549  certificate.
 1550         (9)(10) To misrepresent or deceptively represent:
 1551         (a) The amount of time or period of time accommodations or
 1552  facilities will be available.
 1553         (b) The location of accommodations or facilities offered.
 1554         (c) The price, size, nature, extent, qualities, or
 1555  characteristics of accommodations or facilities offered.
 1556         (d) The nature or extent of other goods, services, or
 1557  amenities offered.
 1558         (e) A purchaser’s rights, privileges, or benefits.
 1559         (f) The conditions under which the purchaser may obtain a
 1560  reservation for the use of offered accommodations or facilities.
 1561         (g) That the recipient of an advertisement or promotional
 1562  materials is a winner, or has been selected, or is otherwise
 1563  being involved in a select group for receipt, of a gift, award,
 1564  or prize, unless this fact is the truth.
 1565         (10)(11) To fail to inform a purchaser of a nonrefundable
 1566  cancellation policy before prior to the seller of travel
 1567  accepting any fee, commission, or other valuable consideration.
 1568         (11)(12) To fail to include, when offering to sell a
 1569  vacation certificate, in any advertisement or promotional
 1570  material, the following statement: “This is an offer to sell
 1571  travel.”
 1572         (12)(13) To fail to honor and comply with all provisions of
 1573  the vacation certificate regarding the purchaser’s rights,
 1574  benefits, and privileges thereunder.
 1575         (13)(14)(a) To include in any vacation certificate or
 1576  contract any provision purporting to waive or limit any right or
 1577  benefit provided to purchasers under this part; or
 1578         (b) To seek or solicit such waiver or acceptance of
 1579  limitation from a purchaser concerning rights or benefits
 1580  provided under this part.
 1581         (14)(15) To offer vacation certificates for any
 1582  accommodation or facility for which there is no contract with
 1583  the owner of the accommodation or facility securing the
 1584  purchaser’s right to occupancy and use, unless the seller is the
 1585  owner.
 1586         (15)(16) To use a local mailing address, registration
 1587  facility, drop box, or answering service in the promotion,
 1588  advertising, solicitation, or sale of vacation certificates,
 1589  unless the seller’s fixed business address is clearly disclosed
 1590  during any telephone solicitation and is prominently and
 1591  conspicuously disclosed on all solicitation materials and on the
 1592  contract.
 1593         (16)(17) To use any registered trademark, trade name, or
 1594  trade logo in any promotional, advertising, or solicitation
 1595  materials without written authorization from the holder of such
 1596  trademark, trade name, or trade logo.
 1597         (17)(18) To represent, directly or by implication, any
 1598  affiliation with, or endorsement by, any governmental,
 1599  charitable, educational, medical, religious, fraternal, or civic
 1600  organization or body, or any individual, in the promotion,
 1601  advertisement, solicitation, or sale of vacation certificates
 1602  without express written authorization.
 1603         (18)(19) To sell a vacation certificate to any purchaser
 1604  who is ineligible for its use.
 1605         (19)(20) To sell any number of vacation certificates in
 1606  excess of exceeding the number of available accommodations
 1607  disclosed pursuant to this part.
 1608         (20)(21) During the period of a vacation certificate’s
 1609  validity, in the event, for any reason whatsoever, of lapse or
 1610  breach of an agreement for the provision of accommodations or
 1611  facilities to purchasers, to fail to procure similar agreement
 1612  for the provision of comparable alternate accommodations or
 1613  facilities in the same city or surrounding area.
 1614         (21)(22) To offer to sell, at wholesale or retail,
 1615  prearranged travel or, tourist-related services, or tour-guide
 1616  services for individuals or groups directly to any terrorist
 1617  state and which originate in Florida, without disclosing such
 1618  business activities in a certification filed under s.
 1619  559.9285(1)(b) or (c).
 1620         (22)(23) To violate any state or federal law restricting or
 1621  prohibiting commerce with terrorist states.
 1622         (23)(24) To engage in do any other act that act which
 1623  constitutes fraud, misrepresentation, or failure to disclose a
 1624  material fact, or to commit any other violation of, or fail to
 1625  comply with, this part.
 1626         (24)(25) To refuse or fail, or for any of its principal
 1627  officers to refuse or fail, after notice, to produce any
 1628  document or record or disclose any information required to be
 1629  produced or disclosed.
 1630         (25)(26) Knowingly to make a material false statement in
 1631  response to any request or investigation by the department, the
 1632  Department of Legal Affairs, or the state attorney.
 1633         Section 35. Subsections (3) and (4) of section 559.935,
 1634  Florida Statutes, are amended to read:
 1635         559.935 Exemptions.—
 1636         (3) Sections 559.928, 559.929, 559.9295, 559.931, and
 1637  559.932 shall also do not apply to a seller of travel that is an
 1638  affiliate of an entity exempt pursuant to subsection (2) subject
 1639  to the following conditions:
 1640         (a) If In the event the department finds the affiliate does
 1641  not have a satisfactory consumer complaint history or the
 1642  affiliate fails to respond to a consumer complaint within 30
 1643  days, the related seller of travel exempt pursuant to subsection
 1644  (2) is shall be liable for the actions of the affiliate, subject
 1645  to the remedies provided in ss. 559.9355 and 559.936.
 1646         (b) If In the event the department is unable to locate an
 1647  affiliate, the related seller of travel exempt pursuant to
 1648  subsection (2) is shall be fully liable for the actions of the
 1649  affiliate, subject to the remedies provided in ss. 559.9355 and
 1650  559.936.
 1651         (c) In order to obtain an exemption under this subsection,
 1652  the affiliate shall file an affidavit of exemption on a form
 1653  prescribed by the department and shall certify its business
 1654  activities under s. 559.9285(1)(a). The affidavit of exemption
 1655  shall be executed by a person who exercises identical control
 1656  over the seller of travel exempt pursuant to subsection (2) and
 1657  the affiliate. Failure to file an affidavit of exemption or
 1658  certification under s. 559.9285(1)(a) prior to engaging in
 1659  seller of travel activities shall subject the affiliate to the
 1660  remedies provided in ss. 559.9355 and 559.936.
 1661         (c)(d) Revocation by the department of an exemption
 1662  provided to a seller of travel under subsection (2) shall
 1663  constitute automatic revocation by law of an exemption obtained
 1664  by an affiliate under the subsection.
 1665         (d)(e) This subsection does shall not apply to:
 1666         1. An affiliate that independently qualifies for another
 1667  exemption under this section.
 1668         2. An affiliate that sells, or offers for sale, vacation
 1669  certificates.
 1670         3. An affiliate that certifies its business activities
 1671  under s. 559.9285(1)(b) or (c).
 1672         (e)(f) For purposes of this section, the term an
 1673  “affiliate” means an entity that meets the following:
 1674         1. The entity has the identical ownership as the seller of
 1675  travel that is exempt under subsection (2).
 1676         2. The ownership controlling the seller of travel that is
 1677  exempt under subsection (2) also exercises identical control
 1678  over the entity.
 1679         3. The owners of the affiliate hold the identical
 1680  percentage of voting shares as they hold in the seller of travel
 1681  that is exempt under subsection (2).
 1682         (4) The department may revoke the exemption provided in
 1683  subsection (2) or subsection (3) if the department finds that
 1684  the seller of travel does not have a satisfactory consumer
 1685  complaint history, has been convicted of a crime involving
 1686  fraud, theft, embezzlement, misappropriation of property,
 1687  deceptive or unfair trade practices, or moral turpitude, or has
 1688  not complied with the terms of any order or settlement agreement
 1689  arising out of an administrative or enforcement action brought
 1690  by a governmental agency or private person based on conduct
 1691  involving fraud, theft, embezzlement, misappropriation of
 1692  property, deceptive or unfair trade practices, or moral
 1693  turpitude.
 1694         Section 36. Subsection (3) of section 559.936, Florida
 1695  Statutes, is amended to read:
 1696         559.936 Civil penalties; remedies.—
 1697         (3) The department may seek a civil penalty in the Class
 1698  III category pursuant to s. 570.971 for each act or omission in
 1699  violation of s. 559.9335(21) or (22) s. 559.9335(22) or (23).
 1700         Section 37. Paragraph (b) of subsection (5), paragraph (a)
 1701  of subsection (10), and subsections (15) and (16) of section
 1702  616.242, Florida Statutes, are amended to read:
 1703         616.242 Safety standards for amusement rides.—
 1704         (5) ANNUAL PERMIT.—
 1705         (b) To apply for an annual permit, an owner must submit to
 1706  the department a written application on a form prescribed by
 1707  rule of the department, which must include the following:
 1708         1. The legal name, address, and primary place of business
 1709  of the owner.
 1710         2. A description, manufacturer’s name, serial number, model
 1711  number and, if previously assigned, the United States Amusement
 1712  Identification Number of the amusement ride.
 1713         3. A valid certificate of insurance or bond for each
 1714  amusement ride.
 1715         4. An affidavit of compliance that the amusement ride was
 1716  inspected in person by the affiant and that the amusement ride
 1717  is in general conformance with the requirements of this section
 1718  and all applicable rules adopted by the department. The
 1719  affidavit must be executed by a professional engineer or a
 1720  qualified inspector no earlier than 60 days before, but not
 1721  later than, the date of the filing of the application with the
 1722  department. The owner shall request inspection and permitting of
 1723  the amusement ride within 60 days of the date of filing the
 1724  application with the department. The department shall inspect
 1725  and permit the amusement ride within 60 days after filing the
 1726  application with the department.
 1727         5. If required by subsection (6), an affidavit of
 1728  nondestructive testing dated and executed no earlier than 60
 1729  days before prior to, but not later than, the date of the filing
 1730  of the application with the department. The owner shall request
 1731  inspection and permitting of the amusement ride within 60 days
 1732  of the date of filing the application with the department. The
 1733  department shall inspect and permit the amusement ride within 60
 1734  days after filing the application with the department.
 1735         6. A request for inspection.
 1736         7. Upon request, the owner shall, at no cost to the
 1737  department, provide the department a copy of the manufacturer’s
 1738  current recommended operating instructions in the possession of
 1739  the owner, the owner’s operating fact sheet, and any written
 1740  bulletins in the possession of the owner concerning the safety,
 1741  operation, or maintenance of the amusement ride.
 1742         (10) EXEMPTIONS.—
 1743         (a) This section does not apply to:
 1744         1. Permanent facilities that employ at least 1,000 full
 1745  time employees and that maintain full-time, in-house safety
 1746  inspectors. Furthermore, the permanent facilities must file an
 1747  affidavit of the annual inspection with the department, on a
 1748  form prescribed by rule of the department. Additionally, the
 1749  Department of Agriculture and Consumer Services may consult
 1750  annually with the permanent facilities regarding industry safety
 1751  programs.
 1752         2. Any playground operated by a school, local government,
 1753  or business licensed under chapter 509, if the playground is an
 1754  incidental amenity and the operating entity is not primarily
 1755  engaged in providing amusement, pleasure, thrills, or
 1756  excitement.
 1757         3. Museums or other institutions principally devoted to the
 1758  exhibition of products of agriculture, industry, education,
 1759  science, religion, or the arts.
 1760         4. Conventions or trade shows for the sale or exhibit of
 1761  amusement rides if there are a minimum of 15 amusement rides on
 1762  display or exhibition, and if any operation of such amusement
 1763  rides is limited to the registered attendees of the convention
 1764  or trade show.
 1765         5. Skating rinks, arcades, laser lazer or paint ball war
 1766  games, bowling alleys, miniature golf courses, mechanical bulls,
 1767  inflatable rides, trampolines, ball crawls, exercise equipment,
 1768  jet skis, paddle boats, airboats, helicopters, airplanes,
 1769  parasails, hot air or helium balloons whether tethered or
 1770  untethered, theatres, batting cages, stationary spring-mounted
 1771  fixtures, rider-propelled merry-go-rounds, games, side shows,
 1772  live animal rides, or live animal shows.
 1773         6. Go-karts operated in competitive sporting events if
 1774  participation is not open to the public.
 1775         7. Nonmotorized playground equipment that is not required
 1776  to have a manager.
 1777         8. Coin-actuated amusement rides designed to be operated by
 1778  depositing coins, tokens, credit cards, debit cards, bills, or
 1779  other cash money and which are not required to have a manager,
 1780  and which have a capacity of six persons or less.
 1781         9. Facilities described in s. 549.09(1)(a) when such
 1782  facilities are operating cars, trucks, or motorcycles only.
 1783         10. Battery-powered cars or other vehicles that are
 1784  designed to be operated by children 7 years of age or under and
 1785  that cannot exceed a speed of 4 miles per hour.
 1786         11. Mechanically driven vehicles that pull train cars,
 1787  carts, wagons, or other similar vehicles, that are not confined
 1788  to a metal track or confined to an area but are steered by an
 1789  operator and do not exceed a speed of 4 miles per hour.
 1790         12. A water-related amusement ride operated by a business
 1791  licensed under chapter 509 if the water-related amusement ride
 1792  is an incidental amenity and the operating business is not
 1793  primarily engaged in providing amusement, pleasure, thrills, or
 1794  excitement and does not offer day rates.
 1795         13. An amusement ride at a private, membership-only
 1796  facility if the amusement ride is an incidental amenity and the
 1797  facility is not open to the general public; is not primarily
 1798  engaged in providing amusement, pleasure, thrills, or
 1799  excitement; and does not offer day rates.
 1800         14. A nonprofit permanent facility registered under chapter
 1801  496 which is not open to the general public.
 1802         (15) INSPECTION BY OWNER OR MANAGER.—Before Prior to
 1803  opening on each day of operation and before prior to any
 1804  inspection by the department, the owner or manager of an
 1805  amusement ride must inspect and test the amusement ride to
 1806  ensure compliance with all requirements of this section. Each
 1807  inspection must be recorded on a form prescribed by rule of the
 1808  department and signed by the person who conducted the
 1809  inspection. In lieu of the form prescribed by rule of the
 1810  department, the owner or manager may request approval of an
 1811  alternative form if the alternative form includes, at a minimum,
 1812  the information required on the form prescribed by rule of the
 1813  department. Inspection records of the last 14 daily inspections
 1814  must be kept on site by the owner or manager and made
 1815  immediately available to the department upon request.
 1816         (16) TRAINING OF EMPLOYEES.—The owner or manager of an any
 1817  amusement ride shall maintain a record of employee training for
 1818  each employee authorized to operate, assemble, disassemble,
 1819  transport, or conduct maintenance on an amusement ride, on a
 1820  form prescribed by rule of the department. In lieu of the form
 1821  prescribed by rule of the department, the owner or manager may
 1822  request approval of an alternative form if the alternative form
 1823  includes, at a minimum, the information required on the form
 1824  prescribed by rule of the department. The training record must
 1825  be kept on site by the owner or manager and made immediately
 1826  available to the department upon request. Training may not be
 1827  conducted when an amusement ride is open to the public unless
 1828  the training is conducted under the supervision of an employee
 1829  who is trained in the operation of that ride. The owner or
 1830  manager shall certify that each employee is trained, as required
 1831  by this section and any rules adopted thereunder, on the
 1832  amusement ride for which the employee is responsible.
 1833         Section 38. Subsections (1), (2), (5), (7), and (13) of
 1834  section 713.585, Florida Statutes, are amended to read:
 1835         713.585 Enforcement of lien by sale of motor vehicle.—A
 1836  person claiming a lien under s. 713.58 for performing labor or
 1837  services on a motor vehicle may enforce such lien by sale of the
 1838  vehicle in accordance with the following procedures:
 1839         (1) The lienor must give notice, by certified mail, return
 1840  receipt requested, within 7 15 business days, excluding Saturday
 1841  and Sunday, from the beginning date of the assessment of storage
 1842  charges on said motor vehicle, to the registered owner of the
 1843  vehicle, to the customer as indicated on the order for repair,
 1844  and to all other persons claiming an interest in or lien
 1845  thereon, as disclosed by the records of the Department of
 1846  Highway Safety and Motor Vehicles or as disclosed by the records
 1847  of any corresponding agency of any other state in which the
 1848  vehicle is identified through a records check of the National
 1849  Motor Vehicle Title Information System or an equivalent
 1850  commercially available system as being the current state where
 1851  the vehicle is titled. Such notice must contain:
 1852         (a) A description of the vehicle, including, at minimum,
 1853  its (year, make, vehicle identification number,) and the
 1854  vehicle’s its location.
 1855         (b) The name and address of the owner of the vehicle, the
 1856  customer as indicated on the order for repair, and any person
 1857  claiming an interest in or lien thereon.
 1858         (c) The name, address, and telephone number of the lienor.
 1859         (d) Notice that the lienor claims a lien on the vehicle for
 1860  labor and services performed and storage charges, if any, and
 1861  the cash sum which, if paid to the lienor, would be sufficient
 1862  to redeem the vehicle from the lien claimed by the lienor.
 1863         (e) Notice that the lien claimed by the lienor is subject
 1864  to enforcement pursuant to this section and that the vehicle may
 1865  be sold to satisfy the lien.
 1866         (f) If known, the date, time, and location of any proposed
 1867  or scheduled sale of the vehicle. A No vehicle may not be sold
 1868  earlier than 60 days after completion of the repair work.
 1869         (g) Notice that the owner of the vehicle or any person
 1870  claiming an interest in or lien thereon has a right to a hearing
 1871  at any time before prior to the scheduled date of sale by filing
 1872  a demand for hearing with the clerk of the circuit court in the
 1873  county in which the vehicle is held and mailing copies of the
 1874  demand for hearing to all other owners and lienors as reflected
 1875  on the notice.
 1876         (h) Notice that the owner of the vehicle has a right to
 1877  recover possession of the vehicle without instituting judicial
 1878  proceedings by posting bond in accordance with the provisions of
 1879  s. 559.917.
 1880         (i) Notice that any proceeds from the sale of the vehicle
 1881  remaining after payment of the amount claimed to be due and
 1882  owing to the lienor will be deposited with the clerk of the
 1883  circuit court for disposition upon court order pursuant to
 1884  subsection (8).
 1885         (j)Notice that a lienholder, if any, has the right, as
 1886  specified in subsection (5), to demand a hearing or to post a
 1887  bond.
 1888         (2) If attempts to locate the owner or lienholder are
 1889  unsuccessful after a check of the records of the Department of
 1890  Highway Safety and Motor Vehicles and any state disclosed by the
 1891  check of the National Motor Vehicle Title Information System or
 1892  an equivalent commercially available system, the lienor must
 1893  notify the local law enforcement agency in writing by certified
 1894  mail or acknowledged hand delivery that the lienor has been
 1895  unable to locate the owner or lienholder, that a physical search
 1896  of the vehicle has disclosed no ownership information, and that
 1897  a good faith effort, including records checks of the Department
 1898  of Highway Safety and Motor Vehicles database and the National
 1899  Motor Vehicle Title Information System or an equivalent
 1900  commercially available system, has been made. A description of
 1901  the motor vehicle which includes the year, make, and
 1902  identification number must be given on the notice. This
 1903  notification must take place within 7 15 business days,
 1904  excluding Saturday and Sunday, from the beginning date of the
 1905  assessment of storage charges on said motor vehicle. For
 1906  purposes of this paragraph, the term “good faith effort” means
 1907  that the following checks have been performed by the company to
 1908  establish the prior state of registration and title:
 1909         (a) A check of the Department of Highway Safety and Motor
 1910  Vehicles database for the owner and any lienholder;
 1911         (b) A check of the federally mandated electronic National
 1912  Motor Vehicle Title Information System or an equivalent
 1913  commercially available system to determine the state of
 1914  registration when there is not a current title or registration
 1915  record for the vehicle on file with the Department of Highway
 1916  Safety and Motor Vehicles;
 1917         (c) A check of vehicle for any type of tag, tag record,
 1918  temporary tag, or regular tag;
 1919         (d) A check of vehicle for inspection sticker or other
 1920  stickers and decals that could indicate the state of possible
 1921  registration; and
 1922         (e) A check of the interior of the vehicle for any papers
 1923  that could be in the glove box, trunk, or other areas for the
 1924  state of registration.
 1925         (5) At any time before prior to the proposed or scheduled
 1926  date of sale of a vehicle, the owner of the vehicle, or any
 1927  person claiming an interest in the vehicle or a lien thereon,
 1928  may post a bond following the procedures outlined in s. 559.917
 1929  or file a demand for hearing with the clerk of the circuit court
 1930  in the county in which the vehicle is held to determine whether
 1931  the vehicle has been wrongfully taken or withheld from her or
 1932  him. A lienholder has standing to allege any violation of part
 1933  IX of chapter 559 in a proceeding instituted pursuant to this
 1934  subsection. Any person who files a demand for hearing shall mail
 1935  copies of the demand to all other owners and lienors as
 1936  reflected on the notice required in subsection (1).
 1937         (a) Upon the filing of a demand for hearing, a hearing
 1938  shall be held before prior to the proposed or scheduled date of
 1939  sale of the vehicle.
 1940         (b) Upon the posting of the bond and payment of the
 1941  applicable fee set forth in s. 28.24, the clerk of the court
 1942  shall issue a certificate notifying the lienor of the posting of
 1943  the bond and directing the lienor to release the vehicle to the
 1944  lienholder or the owner, based upon whomever posted the bond.
 1945         (c) If a lienholder obtains the vehicle and the owner of
 1946  the vehicle is not in default under the installment sales
 1947  contract or title loan at the time the lienholder has possession
 1948  of the vehicle, the lienholder must return the vehicle to the
 1949  owner within 5 days after the owner repays the lienholder for
 1950  the amount of the bond, or makes arrangements to repay the
 1951  lienholder for the bond under terms agreeable to the lienholder.
 1952  A lienholder may retain possession of the vehicle if the owner
 1953  is in default until such time as the default is cured and the
 1954  amount of the bond is repaid by the owner, or an arrangement
 1955  agreeable to the lienholder is made with the owner.
 1956         (7) At a the hearing on a complaint relating to the
 1957  requirements of this section on the complaint, the court shall
 1958  forthwith issue an its order determining:
 1959         (a) Whether the vehicle is subject to a valid lien by the
 1960  lienor and the amount thereof;
 1961         (b) The priority of the lien of the lienor as against any
 1962  existing security interest in the vehicle;
 1963         (c) The distribution of any proceeds of the sale by the
 1964  clerk of the circuit court;
 1965         (d) The awarding of damages, if any;
 1966         (e)(d) The award of reasonable attorney attorney’s fees and
 1967  costs, at the court’s discretion, to the prevailing party; and
 1968         (f)(e) The reasonableness of storage charges.
 1969  
 1970  A final order, by the court, must also provide for immediate
 1971  payment of any proceeds or awards, and the immediate release of
 1972  the bond to the posting party, if applicable.
 1973         (13) A failure to make good faith efforts as defined in
 1974  subsection (2) precludes the imposition of any storage charges
 1975  against the vehicle. If a lienor fails to provide notice to any
 1976  person claiming a lien on a vehicle under subsection (1) within
 1977  7 15 business days after the assessment of storage charges has
 1978  begun, then the lienor is precluded from charging for more than
 1979  7 15 days of storage, but failure to provide timely notice does
 1980  not affect charges made for repairs, adjustments, or
 1981  modifications to the vehicle or the priority of liens on the
 1982  vehicle.
 1983         Section 39. Subsections (2), (4), (5), and (10) of section
 1984  790.06, Florida Statutes, are amended, and paragraph (f) is
 1985  added to subsection (6) of that section, to read:
 1986         790.06 License to carry concealed weapon or firearm.—
 1987         (2) The Department of Agriculture and Consumer Services
 1988  shall issue a license if the applicant:
 1989         (a) Is a resident of the United States and a citizen of the
 1990  United States or a permanent resident alien of the United
 1991  States, as determined by the United States Bureau of Citizenship
 1992  and Immigration Services, or is a consular security official of
 1993  a foreign government that maintains diplomatic relations and
 1994  treaties of commerce, friendship, and navigation with the United
 1995  States and is certified as such by the foreign government and by
 1996  the appropriate embassy in this country;
 1997         (b) Is 21 years of age or older;
 1998         (c) Does not suffer from a physical infirmity which
 1999  prevents the safe handling of a weapon or firearm;
 2000         (d) Is not ineligible to possess a firearm pursuant to s.
 2001  790.23 by virtue of having been convicted of a felony;
 2002         (e) Has not been committed for the abuse of a controlled
 2003  substance or been found guilty of a crime under the provisions
 2004  of chapter 893 or similar laws of any other state relating to
 2005  controlled substances within a 3-year period immediately
 2006  preceding the date on which the application is submitted;
 2007         (f) Does not chronically and habitually use alcoholic
 2008  beverages or other substances to the extent that his or her
 2009  normal faculties are impaired. It shall be presumed that an
 2010  applicant chronically and habitually uses alcoholic beverages or
 2011  other substances to the extent that his or her normal faculties
 2012  are impaired if the applicant has been committed under chapter
 2013  397 or under the provisions of former chapter 396 or has been
 2014  convicted under s. 790.151 or has been deemed a habitual
 2015  offender under s. 856.011(3), or has had two or more convictions
 2016  under s. 316.193 or similar laws of any other state, within the
 2017  3-year period immediately preceding the date on which the
 2018  application is submitted;
 2019         (g) Desires a legal means to carry a concealed weapon or
 2020  firearm for lawful self-defense;
 2021         (h) Demonstrates competence with a firearm by any one of
 2022  the following:
 2023         1. Completion of any hunter education or hunter safety
 2024  course approved by the Fish and Wildlife Conservation Commission
 2025  or a similar agency of another state;
 2026         2. Completion of any National Rifle Association firearms
 2027  safety or training course;
 2028         3. Completion of any firearms safety or training course or
 2029  class available to the general public offered by a law
 2030  enforcement agency, junior college, college, or private or
 2031  public institution or organization or firearms training school,
 2032  using utilizing instructors certified by the National Rifle
 2033  Association, Criminal Justice Standards and Training Commission,
 2034  or the Department of Agriculture and Consumer Services;
 2035         4. Completion of any law enforcement firearms safety or
 2036  training course or class offered for security guards,
 2037  investigators, special deputies, or any division or subdivision
 2038  of a law enforcement agency or security enforcement;
 2039         5. Presents evidence of equivalent experience with a
 2040  firearm through participation in organized shooting competition
 2041  or military service;
 2042         6. Is licensed or has been licensed to carry a firearm in
 2043  this state or a county or municipality of this state, unless
 2044  such license has been revoked for cause; or
 2045         7. Completion of any firearms training or safety course or
 2046  class conducted by a state-certified or National Rifle
 2047  Association certified firearms instructor;
 2048  
 2049  A photocopy of a certificate of completion of any of the courses
 2050  or classes; or an affidavit from the instructor, school, club,
 2051  organization, or group that conducted or taught such said course
 2052  or class attesting to the completion of the course or class by
 2053  the applicant; or a copy of any document that which shows
 2054  completion of the course or class or evidences participation in
 2055  firearms competition shall constitute evidence of qualification
 2056  under this paragraph. A; any person who conducts a course
 2057  pursuant to subparagraph 2., subparagraph 3., or subparagraph
 2058  7., or who, as an instructor, attests to the completion of such
 2059  courses, must maintain records certifying that he or she
 2060  observed the student safely handle and discharge the firearm in
 2061  his or her physical presence and that the discharge of the
 2062  firearm included live fire using a firearm and ammunition as
 2063  defined in s. 790.001;
 2064         (i) Has not been adjudicated an incapacitated person under
 2065  s. 744.331, or similar laws of any other state, unless 5 years
 2066  have elapsed since the applicant’s restoration to capacity by
 2067  court order;
 2068         (j) Has not been committed to a mental institution under
 2069  chapter 394, or similar laws of any other state, unless the
 2070  applicant produces a certificate from a licensed psychiatrist
 2071  that he or she has not suffered from disability for at least 5
 2072  years before prior to the date of submission of the application;
 2073         (k) Has not had adjudication of guilt withheld or
 2074  imposition of sentence suspended on any felony or misdemeanor
 2075  crime of domestic violence unless 3 years have elapsed since
 2076  probation or any other conditions set by the court have been
 2077  fulfilled, or expunction has occurred the record has been sealed
 2078  or expunged;
 2079         (l) Has not had adjudication of guilt withheld or
 2080  imposition of sentence suspended on any misdemeanor crime of
 2081  domestic violence unless 3 years have elapsed since probation or
 2082  any other conditions set by the court have been fulfilled, or
 2083  the record has been expunged;
 2084         (m)(l) Has not been issued an injunction that is currently
 2085  in force and effect and that restrains the applicant from
 2086  committing acts of domestic violence or acts of repeat violence;
 2087  and
 2088         (n)(m) Is not prohibited from purchasing or possessing a
 2089  firearm by any other provision of Florida or federal law.
 2090         (4) The application shall be completed, under oath, on a
 2091  form adopted promulgated by the Department of Agriculture and
 2092  Consumer Services and shall include:
 2093         (a) The name, address, place of birth, and date of birth,
 2094  and race, and occupation of the applicant;
 2095         (b) A statement that the applicant is in compliance with
 2096  criteria contained within subsections (2) and (3);
 2097         (c) A statement that the applicant has been furnished a
 2098  copy of this chapter and is knowledgeable of its provisions;
 2099         (d) A conspicuous warning that the application is executed
 2100  under oath and that a false answer to any question, or the
 2101  submission of any false document by the applicant, subjects the
 2102  applicant to criminal prosecution under s. 837.06; and
 2103         (e) A statement that the applicant desires a concealed
 2104  weapon or firearms license as a means of lawful self-defense;
 2105  and.
 2106         (f) Directions for an applicant who is a servicemember, as
 2107  defined in s. 250.01, or a veteran, as defined in s. 1.01, to
 2108  request expedited processing of his or her application.
 2109         (5) The applicant shall submit to the Department of
 2110  Agriculture and Consumer Services or an approved tax collector
 2111  pursuant to s. 790.0625:
 2112         (a) A completed application as described in subsection (4).
 2113         (b) A nonrefundable license fee of up to $60 $70 if he or
 2114  she has not previously been issued a statewide license or of up
 2115  to $50 $60 for renewal of a statewide license. The cost of
 2116  processing fingerprints as required in paragraph (c) shall be
 2117  borne by the applicant. However, an individual holding an active
 2118  certification from the Criminal Justice Standards and Training
 2119  Commission as a law enforcement officer, correctional officer,
 2120  or correctional probation officer as defined in s. 943.10(1),
 2121  (2), (3), (6), (7), (8), or (9) is exempt from the licensing
 2122  requirements of this section. If such individual wishes to
 2123  receive a concealed weapon weapons or firearm firearms license,
 2124  he or she is exempt from the background investigation and all
 2125  background investigation fees, but must pay the current license
 2126  fees regularly required to be paid by nonexempt applicants.
 2127  Further, a law enforcement officer, a correctional officer, or a
 2128  correctional probation officer as defined in s. 943.10(1), (2),
 2129  or (3) is exempt from the required fees and background
 2130  investigation for a period of 1 year after his or her
 2131  retirement.
 2132         (c) A full set of fingerprints of the applicant
 2133  administered by a law enforcement agency or the Division of
 2134  Licensing of the Department of Agriculture and Consumer Services
 2135  or an approved tax collector pursuant to s. 790.0625 together
 2136  with any personal identifying information required by federal
 2137  law to process fingerprints.
 2138         (d) A photocopy of a certificate, affidavit, or document as
 2139  described in paragraph (2)(h).
 2140         (e) A full frontal view color photograph of the applicant
 2141  taken within the preceding 30 days, in which the head, including
 2142  hair, measures 7/8 of an inch wide and 1 1/8 inches high.
 2143         (f) For expedited processing of an application:
 2144         1. A servicemember shall submit a copy of the Common Access
 2145  Card, United States Uniformed Services Identification Card, or
 2146  current deployment orders.
 2147         2. A veteran shall submit a copy of the DD Form 214, issued
 2148  by the United States Department of Defense, or another
 2149  acceptable form of identification as specified by the Department
 2150  of Veterans’ Affairs.
 2151         (6)
 2152         (f) The Department of Agriculture and Consumer Services
 2153  shall, upon receipt of a completed application and the
 2154  identifying information required under paragraph (5)(f),
 2155  expedite the processing of a servicemember’s or a veteran’s
 2156  concealed weapon or firearm license application.
 2157         (10) A license issued under this section shall be suspended
 2158  or revoked pursuant to chapter 120 if the licensee:
 2159         (a) Is found to be ineligible under the criteria set forth
 2160  in subsection (2);
 2161         (b) Develops or sustains a physical infirmity which
 2162  prevents the safe handling of a weapon or firearm;
 2163         (c) Is convicted of a felony which would make the licensee
 2164  ineligible to possess a firearm pursuant to s. 790.23;
 2165         (d) Is found guilty of a crime under the provisions of
 2166  chapter 893, or similar laws of any other state, relating to
 2167  controlled substances;
 2168         (e) Is committed as a substance abuser under chapter 397,
 2169  or is deemed a habitual offender under s. 856.011(3), or similar
 2170  laws of any other state;
 2171         (f) Is convicted of a second violation of s. 316.193, or a
 2172  similar law of another state, within 3 years after of a first
 2173  previous conviction of such section, or similar law of another
 2174  state, even though the first violation may have occurred before
 2175  prior to the date on which the application was submitted;
 2176         (g) Is adjudicated an incapacitated person under s.
 2177  744.331, or similar laws of any other state; or
 2178         (h) Is committed to a mental institution under chapter 394,
 2179  or similar laws of any other state.
 2180  
 2181  Notwithstanding s. 120.60(5), service of a notice of the
 2182  suspension or revocation of a concealed weapon or firearm
 2183  license must be given by either certified mail, return receipt
 2184  requested, to the licensee at his or her last known mailing
 2185  address furnished to the Department of Agriculture and Consumer
 2186  Services, or by personal service. If a notice given by certified
 2187  mail is returned as undeliverable, a second attempt must be made
 2188  to provide notice to the licensee at that address, by either
 2189  first-class mail in an envelope, postage prepaid, addressed to
 2190  the licensee at his or her last known mailing address furnished
 2191  to the department, or, if the licensee has provided an e-mail
 2192  address to the department, by e-mail. Such mailing by the
 2193  department constitutes notice, and any failure by the licensee
 2194  to receive such notice does not stay the effective date or term
 2195  of the suspension or revocation. A request for hearing must be
 2196  filed with the department within 21 days after notice is
 2197  received by personal delivery, or within 26 days after the date
 2198  the department deposits the notice in the United States mail (21
 2199  days plus 5 days for mailing). The department shall document its
 2200  attempts to provide notice and such documentation is admissible
 2201  in the courts of this state and constitutes sufficient proof
 2202  that notice was given.
 2203         Section 40. Effective upon this act becoming a law,
 2204  paragraph (a) of subsection (11) of section 790.06, Florida
 2205  Statutes, is amended to read:
 2206         790.06 License to carry concealed weapon or firearm.—
 2207         (11)(a) At least No less than 90 days before the expiration
 2208  date of the license, the Department of Agriculture and Consumer
 2209  Services shall mail to each licensee a written notice of the
 2210  expiration and a renewal form prescribed by the Department of
 2211  Agriculture and Consumer Services. The licensee must renew his
 2212  or her license on or before the expiration date by filing with
 2213  the Department of Agriculture and Consumer Services the renewal
 2214  form containing an a notarized affidavit submitted under oath
 2215  and under penalty of perjury stating that the licensee remains
 2216  qualified pursuant to the criteria specified in subsections (2)
 2217  and (3), a color photograph as specified in paragraph (5)(e),
 2218  and the required renewal fee. Out-of-state residents must also
 2219  submit a complete set of fingerprints and fingerprint processing
 2220  fee. The license shall be renewed upon receipt of the completed
 2221  renewal form, color photograph, appropriate payment of fees,
 2222  and, if applicable, fingerprints. Additionally, a licensee who
 2223  fails to file a renewal application on or before its expiration
 2224  date must renew his or her license by paying a late fee of $15.
 2225  A license may not be renewed 180 days or more after its
 2226  expiration date, and such a license is deemed to be permanently
 2227  expired. A person whose license has been permanently expired may
 2228  reapply for licensure; however, an application for licensure and
 2229  fees under subsection (5) must be submitted, and a background
 2230  investigation shall be conducted pursuant to this section. A
 2231  person who knowingly files false information under this
 2232  subsection is subject to criminal prosecution under s. 837.06.
 2233         Section 41. Subsection (8) is added to section 790.0625,
 2234  Florida Statutes, to read:
 2235         790.0625 Appointment of tax collectors to accept
 2236  applications for a concealed weapon or firearm license; fees;
 2237  penalties.—
 2238         (8) Upon receipt of a completed renewal application, a new
 2239  color photograph, and appropriate payment of fees, a tax
 2240  collector authorized to accept renewal applications for
 2241  concealed weapon or firearm licenses under this section may,
 2242  upon approval and confirmation of license issuance by the
 2243  department, print and deliver a concealed weapon or firearm
 2244  license to a licensee renewing his or her license at the tax
 2245  collector’s office.
 2246         Section 42. Subsection (1) and paragraph (d) of subsection
 2247  (3) of section 559.9285, Florida Statutes, are amended to read:
 2248         559.9285 Certification of business activities.—
 2249         (1) Each certifying party, as defined in s. 559.927(2):
 2250         (a) Which does not offer for sale, at wholesale or retail,
 2251  prearranged travel or, tourist-related services, or tour-guide
 2252  services for individuals or groups directly to any terrorist
 2253  state and which originate in Florida;
 2254         (b) Which offers for sale, at wholesale or retail, only
 2255  prearranged travel or, tourist-related services, or tour-guide
 2256  services for individuals or groups directly to any terrorist
 2257  state and which originate in Florida, but engages in no other
 2258  business dealings or commerce with any terrorist state; or
 2259         (c) Which offers for sale, at wholesale or retail,
 2260  prearranged travel or, tourist-related services, or tour-guide
 2261  services for individuals or groups directly to any terrorist
 2262  state and which originate in Florida, and also engages in any
 2263  other business dealings or commerce with any terrorist state,
 2264  
 2265  shall annually certify its business activities by filing a
 2266  disclosure statement with the department which accurately
 2267  represents the scope of the seller’s business activities
 2268  according to the criteria provided in paragraph (a), paragraph
 2269  (b), or paragraph (c).
 2270         (3) The department shall specify by rule the form of each
 2271  certification under this section which shall include the
 2272  following information:
 2273         (d) The type of all prearranged travel or, tourist-related
 2274  services, or tour-guide services that the certifying party
 2275  offers for sale to individuals or groups traveling directly to
 2276  any terrorist state and that originate in Florida, and the
 2277  frequency with which such services are offered.
 2278         Section 43. Subsection (2) of section 559.937, Florida
 2279  Statutes, is amended to read:
 2280         559.937 Criminal penalties.—Any person or business that
 2281  violates this part:
 2282         (2) Which violation directly or indirectly pertains to an
 2283  offer to sell, at wholesale or retail, prearranged travel or,
 2284  tourist-related services, or tour-guide services for individuals
 2285  or groups directly to any terrorist state and which originate in
 2286  Florida, commits a felony of the third degree, punishable as
 2287  provided in s. 775.082 or s. 775.083.
 2288         Section 44. For the 2016-2017 fiscal year, the sum of
 2289  $1,305,097 in nonrecurring funds from the Division of Licensing
 2290  Trust Fund is appropriated to the Department of Agriculture and
 2291  Consumer Services for the purpose of implementing s. 493.6108,
 2292  Florida Statutes, regarding the collection and subsequent
 2293  payment of fingerprint retention and processing fees to the
 2294  Florida Department of Law Enforcement.
 2295         Section 45. Except as otherwise expressly provided in this
 2296  act and except for this section, which shall take effect upon
 2297  becoming law, this act shall take effect July 1, 2016.