Bill Text: FL S1018 | 2014 | Regular Session | Comm Sub


Bill Title: Department of Agriculture and Consumer Services

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7051 (Ch. 2014-147) [S1018 Detail]

Download: Florida-2014-S1018-Comm_Sub.html
       Florida Senate - 2014                      CS for CS for SB 1018
       
       
        
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senator Detert
       
       
       
       
       576-04521-14                                          20141018c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 493.6108, F.S.;
    4         removing the requirement that an applicant for private
    5         investigative, private security, and repossession
    6         services provide a written statement by a fingerprint
    7         technician or licensed physician under certain
    8         conditions; amending s. 493.6113, F.S.; revising
    9         recertification training requirements for Class “G”
   10         licensees; amending s. 493.6115, F.S.; adding specific
   11         handguns to the list of firearms a Class “G” licensee
   12         may carry while performing his or her duties; amending
   13         s. 493.6305, F.S.; authorizing specified Class “D”
   14         licensees to carry an authorized concealed firearm
   15         under certain circumstances; amending s. 501.016,
   16         F.S.; requiring a health studio to maintain a bond in
   17         favor of the department, rather than the state;
   18         authorizing liability for specified injuries to be
   19         determined in an administrative proceeding or through
   20         a civil action; providing that certain claims may be
   21         paid only upon an order of the department issued in an
   22         administrative proceeding; requiring that a claim
   23         against the bond be filed on a form affidavit adopted
   24         by rule of the department; providing the process by
   25         which a consumer may file a claim against a bond or
   26         other form of security; requiring a health studio to
   27         pay the department indebtedness determined by final
   28         order within 30 days; providing the process by which
   29         the department may make a demand if the health studio
   30         fails to timely make the payment; providing that the
   31         department shall be awarded attorney fees and costs in
   32         certain circumstances; amending s. 501.059, F.S.;
   33         prohibiting a telephone solicitor or a person from
   34         initiating an outbound telephone call to a consumer, a
   35         donor, or a potential donor under certain
   36         circumstances; repealing s. 501.143, F.S., relating to
   37         the Dance Studio Act; amending s. 501.603, F.S.;
   38         defining the term “novelty payment”; conforming a
   39         cross-reference; amending s. 501.611, F.S.; requiring
   40         the bond required of a commercial telephone seller to
   41         be in favor of the department for the use and benefit
   42         of a purchaser who is injured by specified acts;
   43         requiring that a claim against the bond be filed on a
   44         form affidavit adopted by rule of the department;
   45         providing procedures that a purchaser must follow in
   46         filing a claim against the bond or other form of
   47         security; providing for payment of indebtedness by the
   48         commercial telephone seller to the department;
   49         requiring the department to make demand on a surety if
   50         a commercial telephone seller fails to pay certain
   51         indebtedness within 30 days and providing a process;
   52         providing that attorney fees and costs must be awarded
   53         to the department in certain circumstances; conforming
   54         provisions to changes made by the act; amending s.
   55         501.616, F.S.; prohibiting a commercial telephone
   56         seller or salesperson from accepting a novelty
   57         payment; deleting a provision that prohibits a
   58         commercial telephone seller or salesperson from
   59         requiring payment to be made by credit card; amending
   60         s. 501.913, F.S.; providing that the registration
   61         certificate for each brand of antifreeze distributed
   62         in this state expires 1 year from the date of issue;
   63         amending s. 525.16, F.S.; requiring all previous fines
   64         to be disregarded if a new violation of provisions
   65         relating to gasoline and oil inspections has not
   66         occurred within 3 years after the date of a previous
   67         violation; creating s. 526.015, F.S., relating to
   68         lubricating oil standards and labeling requirements;
   69         prohibiting a person from selling, distributing, or
   70         offering for sale or distribution lubricating oil that
   71         does not meet specified standards or labeling
   72         requirements; requiring such noncompliant products to
   73         be placed under a stop-sale order and the lot
   74         identified and tagged by the department; prohibiting a
   75         person from selling, distributing, or offering for
   76         sale or distribution a product under stop-sale order;
   77         requiring the department to issue a release order
   78         under certain circumstances; repealing s. 526.50(6),
   79         F.S., relating to the definition of terms related to
   80         the sale of brake fluid; amending s. 526.51, F.S.;
   81         providing that a permit authorizing a registrant to
   82         sell brake fluid in this state is valid for a
   83         specified period from the date of issue; conforming
   84         provisions to changes made by the act; amending s.
   85         539.001, F.S.; requiring that a claim against the bond
   86         be filed on a form affidavit adopted by rule of the
   87         department; providing the procedure that a consumer
   88         must follow in filing a claim against a bond or other
   89         form of security filed with the department by a
   90         pawnbroker; providing for payment of indebtedness by
   91         the pawnbroker to the department; providing the
   92         procedure that a consumer must follow if the
   93         pawnbroker fails to make the payment; providing that
   94         the agency shall be awarded attorney fees and costs in
   95         certain circumstances; amending s. 559.929, F.S.;
   96         requiring that a claim against the bond be filed on a
   97         form affidavit adopted by rule of the department;
   98         providing the procedure that a consumer must follow in
   99         filing a claim against a bond or other form of
  100         security filed with the department by a seller of
  101         travel; providing for payment of indebtedness by the
  102         seller of travel to the department; providing
  103         procedures that the agency must follow if the seller
  104         of travel fails to pay certain indebtedness within 30
  105         days and providing a process; providing that the
  106         agency shall be awarded attorney fees and costs in
  107         certain circumstances; amending s. 943.059, F.S.;
  108         providing an exception relating to the acknowledgement
  109         of arrests covered by a sealed criminal history record
  110         for a person seeking to be licensed to carry a
  111         concealed weapon or concealed firearm; providing
  112         applicability; amending ss. 205.1969 and 501.015,
  113         F.S.; conforming cross-references; providing an
  114         appropriation; providing effective dates.
  115          
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Paragraph (a) of subsection (1) of section
  119  493.6108, Florida Statutes, is amended to read:
  120         493.6108 Investigation of applicants by Department of
  121  Agriculture and Consumer Services.—
  122         (1) Except as otherwise provided, the department must
  123  investigate an applicant for a license under this chapter before
  124  it may issue the license. The investigation must include:
  125         (a)1. An examination of fingerprint records and police
  126  records. If a criminal history record check of an any applicant
  127  under this chapter is performed by means of fingerprint
  128  identification, the time limitations prescribed by s. 120.60(1)
  129  shall be tolled while during the time the applicant’s
  130  fingerprints are under review by the Department of Law
  131  Enforcement or the United States Department of Justice, Federal
  132  Bureau of Investigation.
  133         2. If a legible set of fingerprints, as determined by the
  134  Department of Law Enforcement or the Federal Bureau of
  135  Investigation, cannot be obtained after two attempts, the
  136  Department of Agriculture and Consumer Services may determine
  137  the applicant’s eligibility based on upon a criminal history
  138  record check under the applicant’s name conducted by the Federal
  139  Bureau of Investigation Department of Law Enforcement if the
  140  fingerprints are taken by a law enforcement agency or the
  141  department and the applicant submits a written statement signed
  142  by the fingerprint technician or a licensed physician stating
  143  that there is a physical condition that precludes obtaining a
  144  legible set of fingerprints or that the fingerprints taken are
  145  the best that can be obtained.
  146         Section 2. Paragraph (b) of subsection (3) of section
  147  493.6113, Florida Statutes, is amended to read:
  148         493.6113 Renewal application for licensure.—
  149         (3) Each licensee is responsible for renewing his or her
  150  license on or before its expiration by filing with the
  151  department an application for renewal accompanied by payment of
  152  the prescribed license fee.
  153         (b) Each Class “G” licensee shall additionally submit proof
  154  that he or she has received during each year of the license
  155  period a minimum of 4 hours of firearms recertification training
  156  taught by a Class “K” licensee and has complied with such other
  157  health and training requirements that which the department
  158  adopts shall adopt by rule. Proof of completion of firearms
  159  recertification training shall be submitted to the department
  160  upon completion of the training. If the licensee fails to
  161  complete the required 4 hours of annual training during
  162  documentation of completion of the required training is not
  163  submitted by the end of the first year of the 2-year term of the
  164  license, the individual’s license shall be automatically
  165  suspended until proof of the required training is submitted to
  166  the department. The licensee must complete the minimum number of
  167  hours of range and classroom training required at the time of
  168  initial licensure and submit proof of having completed such
  169  training to the department before the license may be reinstated.
  170  If the licensee fails to complete the required 4 hours of annual
  171  training during documentation of completion of the required
  172  training is not submitted by the end of the second year of the
  173  2-year term of the license, the licensee must complete the
  174  minimum number of hours of range and classroom training required
  175  at the time of initial licensure and submit proof of having
  176  completed such training to the department before the license may
  177  shall not be renewed unless the renewal applicant completes the
  178  minimum number of hours of range and classroom training required
  179  at the time of initial licensure. The department may waive the
  180  firearms training requirement if:
  181         1. The applicant provides proof that he or she is currently
  182  certified as a law enforcement officer or correctional officer
  183  under the Criminal Justice Standards and Training Commission and
  184  has completed law enforcement firearms requalification training
  185  annually during the previous 2 years of the licensure period;
  186         2. The applicant provides proof that he or she is currently
  187  certified as a federal law enforcement officer and has received
  188  law enforcement firearms training administered by a federal law
  189  enforcement agency annually during the previous 2 years of the
  190  licensure period; or
  191         3. The applicant submits a valid firearm certificate among
  192  those specified in s. 493.6105(6)(a) and provides proof of
  193  having completed requalification training during the previous 2
  194  years of the licensure period.
  195         Section 3. Subsection (6) of section 493.6115, Florida
  196  Statutes, is amended to read:
  197         493.6115 Weapons and firearms.—
  198         (6) In addition to any other firearm approved by the
  199  department, a licensee who has been issued a Class “G” license
  200  may carry a .38 caliber revolver; or a .380 caliber or 9
  201  millimeter semiautomatic pistol; or a .357 caliber revolver with
  202  .38 caliber ammunition only; a .40 caliber handgun; or a .45 ACP
  203  handgun while performing duties authorized under this chapter. A
  204  No licensee may not carry more than two firearms upon her or his
  205  person when performing her or his duties. A licensee may only
  206  carry a firearm of the specific type and caliber with which she
  207  or he is qualified pursuant to the firearms training described
  208  referenced in subsection (8) or s. 493.6113(3)(b).
  209         Section 4. Subsection (4) is added to section 493.6305,
  210  Florida Statutes, to read:
  211         493.6305 Uniforms, required wear; exceptions.—
  212         (4) Class “D” licensees who are also Class “G” licensees
  213  and who are performing bodyguard or executive protection
  214  services may carry their authorized firearm concealed while
  215  wearing plain clothes as needed to provide contracted services
  216  to the client.
  217         Section 5. Section 501.016, Florida Statutes, is amended to
  218  read:
  219         501.016 Health studios; security requirements.—Each health
  220  studio that sells contracts for health studio services shall
  221  meet the following requirements:
  222         (1) Each health studio shall maintain for each separate
  223  business location a bond issued by a surety company admitted to
  224  do business in this state. The principal sum of the bond must
  225  shall be $25,000, and the bond, when required, must shall be
  226  obtained before a business tax receipt may be issued under
  227  chapter 205. Upon issuance of a business tax receipt, the
  228  licensing authority shall immediately notify the department of
  229  such issuance in a manner established by the department by rule.
  230  The bond must shall be in favor of the department state for the
  231  benefit of any person injured as a result of a violation of ss.
  232  501.012-501.019. Liability for such injuries may be determined
  233  in an administrative proceeding of the department pursuant to
  234  chapter 120 or through a civil action. However, claims against
  235  the bond or certificate of deposit may be paid, in amounts up to
  236  the determined liability for such injuries, only by order of the
  237  department in an administrative proceeding pursuant to chapter
  238  120. The aggregate liability of the surety to all persons for
  239  all breaches of the conditions of the bonds provided by this
  240  section may not herein shall in no event exceed the amount of
  241  the bond. The original surety bond required by this section
  242  shall be filed with the department on a form adopted by
  243  department rule.
  244         (2) In lieu of maintaining the bond required in subsection
  245  (1), the health studio may furnish to the department on a form
  246  adopted by department rule:
  247         (a) An irrevocable letter of credit from any foreign or
  248  domestic bank in the amount of $25,000; or
  249         (b) A guaranty agreement that is secured by a certificate
  250  of deposit in the amount of $25,000.
  251  
  252  The original letter of credit or certificate of deposit
  253  submitted in lieu of the bond shall be filed with the
  254  department. The department shall decide whether the security
  255  furnished in lieu of bond by the health studio complies is in
  256  compliance with the requirements of this section.
  257         (3) A consumer may file a claim against the bond or other
  258  form of security. Such claim must be submitted to the department
  259  in writing on a form affidavit approved by department rule
  260  within 120 days after an alleged injury has occurred or is
  261  discovered to have occurred or a judgment has been entered. The
  262  proceedings shall be conducted in accordance with chapter 120.
  263  For proceedings conducted under ss. 120.569 and 120.57, the
  264  department may act only as a nominal party.
  265         (4) The health studio shall pay to the department for
  266  distribution to the consumer any indebtedness determined by
  267  final order of the department within 30 days after the order is
  268  entered. If the health studio fails to make timely payment, the
  269  department shall make demand upon the surety, which may include
  270  an institution issuing a letter of credit or depository on a
  271  certificate of deposit. If a surety fails to comply with a
  272  demand for payment issued pursuant to a final order, the
  273  department may file an action in circuit court pursuant to s.
  274  120.69 to recover payment up to the amount of the bond or other
  275  form of security. If the court affirms the department’s demand
  276  for payment from the surety, the department shall be awarded
  277  court costs and reasonable attorney fees.
  278         (5)(3) A health studio that which sells contracts for
  279  future health studio services and which collects direct payment
  280  on a monthly basis for those services is shall be exempt from
  281  the security requirements of subsections (1) and (2) if provided
  282  that any service fee charged is a reasonable and fair service
  283  fee. The number of monthly payments in such a contract must
  284  shall be equal to the number of months in the contract. The
  285  contract must shall conform to all the requirements for future
  286  health studio services contracts as specified in ss. 501.012
  287  501.019 and must shall specify in the terms of the contract the
  288  charges to be assessed for those health studio services.
  289         (6)(4) If the health studio furnishes the department with
  290  evidence satisfactory to the department that the aggregate
  291  dollar amount of all current outstanding contracts of the health
  292  studio is less than $5,000, the department may, at its
  293  discretion, reduce the principal amount of the surety bond or
  294  other sufficient financial responsibility required in
  295  subsections (1) and (2) to a sum of at least not less than
  296  $10,000. However, at any time the aggregate dollar amount of
  297  such contracts exceeds $5,000, the health studio shall so notify
  298  the department and shall thereupon provide the bond or other
  299  documentation as required in subsections (1) and (2). Health
  300  studios whose bonds have been reduced shall must provide the
  301  department with an annually updated list of members. Failure to
  302  file an annual report will result in The department shall
  303  increase raising the security requirement to $25,000 for a
  304  health studio that fails to file an annual report.
  305         (7)(5) Each health studio shall furnish the department with
  306  a copy of the escrow account which would contain all funds
  307  received for future consumer services, whether provided under by
  308  contract or otherwise, sold before prior to the business
  309  location’s full operation and specify a date certain for
  310  opening, if such an escrow account is established.
  311         (8)(6) Subsections (1) and (2) do shall not apply to a
  312  health studio that has been operating in compliance with ss.
  313  501.012-501.019 and rules adopted thereunder, continuously under
  314  the same ownership and control, continuously for the most recent
  315  5-year period; in compliance with ss. 501.012-501.019 and the
  316  rules adopted thereunder and that has not had any civil,
  317  criminal, or administrative adjudication against it by any state
  318  or federal agency; and that has a satisfactory consumer
  319  complaint history. As used in this subsection, the term
  320  “satisfactory consumer complaint history” means that there are
  321  no unresolved consumer complaints regarding the health studio
  322  are on file with the department. A consumer complaint is
  323  unresolved if a health studio has not responded to the
  324  department’s efforts to mediate the complaint or if there has
  325  been an adjudication that the health studio has violated ss.
  326  501.012-501.019 or the rules adopted thereunder. Such exemption
  327  extends to all current and future business locations of an
  328  exempt health studio.
  329         (9)(7)This section does not apply to a business, otherwise
  330  defined as a health studio, which sells a single contract of 30
  331  days or less to a any member without any option for renewal or
  332  any other condition that which establishes any right in the
  333  member beyond the term of such contract is exempt from the
  334  provisions of this section. However, this exemption does shall
  335  not apply if the business offers any other health studio
  336  contract, regardless of whatever duration, at any time before or
  337  during or prior to the existence of such single contract of 30
  338  days or less.
  339         (10)(8) Except in the case of a natural disaster or an act
  340  of God, a health studio that is exempt from the requirements of
  341  subsections (1) and (2), but does not have any that has no
  342  business locations open for 14 consecutive days, waives its
  343  exemption and is considered to be a new health studio for the
  344  purposes of ss. 501.012-501.019.
  345         Section 6. Subsection (5) of section 501.059, Florida
  346  Statutes, is amended to read:
  347         501.059 Telephone solicitation.—
  348         (5) A telephone solicitor or person may not initiate an
  349  outbound telephone call to a consumer, donor, or potential donor
  350  who has previously communicated to the telephone solicitor or
  351  person that he or she does not wish to receive an outbound
  352  telephone call:
  353         (a) Made by or on behalf of the seller whose goods or
  354  services are being offered; or
  355         (b) Made on behalf of a charitable organization for which a
  356  charitable contribution is being solicited.
  357         Section 7. Section 501.143, Florida Statutes, is repealed.
  358         Section 8. Present subsections (8) through (11) of section
  359  501.603, Florida Statutes, are redesignated as subsections (9)
  360  through (12), respectively, a new subsection (8) is added to
  361  that section, and subsection (2) of that section is amended, to
  362  read:
  363         501.603 Definitions.—As used in this part, unless the
  364  context otherwise requires, the term:
  365         (2) “Commercial telephone seller” means a person who
  366  engages in commercial telephone solicitation on his or her own
  367  behalf or through salespersons. The term, except that a
  368  commercial telephone seller does not include a salesperson as
  369  defined in subsection (11) or a person or entity operating under
  370  a valid affidavit of exemption filed with the department
  371  according to s. 501.608(1)(b) or exempted from this part by s.
  372  501.604. The term A commercial telephone seller does not include
  373  a salesperson as defined in subsection (10). A commercial
  374  telephone seller includes, but is not limited to, owners,
  375  operators, officers, directors, partners, or other individuals
  376  engaged in the management activities of a business entity
  377  pursuant to this part.
  378         (8)“Novelty payment” means a payment method that does not
  379  provide a means of systematic monitoring to detect and deter
  380  fraud. The term includes, but is not limited to, the following
  381  payment devices:
  382         (a)A remotely created check, which is a check that is not
  383  created by the paying bank and that does not bear the signature
  384  of the person on whose account the check is drawn.
  385         (b) A remotely created payment order, which is a payment
  386  instruction or order drawn on a person’s account which is
  387  initiated or created by the payee and which does not bear the
  388  signature of the person on whose account the order is drawn and
  389  which is cleared through the check clearing system.
  390         (c) A cash-to-cash money transfer, which is the electronic
  391  transfer of the value of cash received from one person to
  392  another person in a different location which is sent by a money
  393  transfer provider and received in the form of cash. As used in
  394  this paragraph, the term “money transfer provider” means a
  395  person or financial institution that provides cash-to-cash money
  396  transfers for a person in the normal course of business,
  397  regardless of whether the person holds an account with such
  398  person or financial institution.
  399         (d) A cash reload mechanism, which is a system that makes
  400  it possible to convert cash into an electronic form which a
  401  person can use to add money to a general-use prepaid card or an
  402  online account with a payment intermediary. As used in this
  403  paragraph, the term “mechanism” means a system that is purchased
  404  by a person on a prepaid basis, that enables access to the funds
  405  via an authorization code or other security measure, and that is
  406  not directly used as a general-use prepaid card.
  407         Section 9. Section 501.611, Florida Statutes, is amended to
  408  read:
  409         501.611 Security.—
  410         (1) An application filed pursuant to s. 501.605 must be
  411  accompanied by:
  412         (a) A bond executed by a corporate surety approved by the
  413  department and licensed to do business in this state;
  414         (b) An irrevocable letter of credit issued for the benefit
  415  of the applicant by a bank whose deposits are insured by an
  416  agency of the Federal Government; or
  417         (c) A certificate of deposit in a financial institution
  418  insured by an agency of the Federal Government, which may be
  419  withdrawn only on the order of the department, except that the
  420  interest may accrue to the applicant.
  421         (2) The amount of the bond, letter of credit, or
  422  certificate of deposit must be a minimum of $50,000, and the
  423  bond, letter of credit, or certificate of deposit must be in
  424  favor of the department for the use and benefit of any purchaser
  425  who is injured by the fraud, misrepresentation, breach of
  426  contract, financial failure, or violation of this part by the
  427  applicant must be conditioned upon compliance by the applicant
  428  with the provisions of this part. The department may, at its
  429  discretion, establish a bond of a greater amount to ensure the
  430  general welfare of the public and the interests of the
  431  telemarketing industry.
  432         (3) The bond shall be posted with the department on a form
  433  adopted by and shall remain in force throughout the period of
  434  licensure with the department rule and shall remain in force
  435  throughout the period of licensure.
  436         (4) The department or a any governmental agency, on behalf
  437  of an any injured purchaser or a any purchaser herself or
  438  himself who is injured by the bankruptcy of the applicant or her
  439  or his breach of any agreement entered into in her or his
  440  capacity as a licensee, may bring and maintain an action to
  441  recover against the bond, letter of credit, or certificate of
  442  deposit.
  443         (5) A purchaser may file a claim against the bond or other
  444  form of security. Such claim must be submitted to the department
  445  in writing on a form affidavit approved by department rule
  446  within 120 days after an alleged injury has occurred or is
  447  discovered to have occurred or a judgment has been entered. The
  448  proceedings shall be conducted in accordance with chapter 120.
  449  For proceedings conducted under ss. 120.569 and 120.57, the
  450  department must act only as a nominal party.
  451         (6) The commercial telephone seller shall pay to the
  452  department for distribution to the consumer any indebtedness
  453  determined by final order of the department within 30 days after
  454  the order is entered. If the commercial telephone seller fails
  455  to make timely payment, the department shall make demand upon
  456  the surety, which may include an institution issuing a letter of
  457  credit or depository on a certificate of deposit. If a surety
  458  fails to comply with a demand for payment issued pursuant to a
  459  final order, the department may file an action in circuit court
  460  pursuant to s. 120.69 to recover payment up to the amount of the
  461  bond or other form of security. If the court affirms the
  462  department’s demand for payment from the surety, the department
  463  shall be awarded all court costs and reasonable attorney fees.
  464         Section 10. Section 501.616, Florida Statutes, is amended
  465  to read:
  466         501.616 Unlawful acts and practices.—
  467         (1) A It shall be unlawful for any commercial telephone
  468  seller or salesperson may not directly or indirectly accept a
  469  novelty payment as defined by s. 501.603(8) or rule as payment
  470  for goods or services offered or sold through telemarketing to
  471  require that payment be by credit card authorization or
  472  otherwise to announce a preference for that method of payment.
  473         (2) A It shall be unlawful for any commercial telephone
  474  seller may not to employ, or be affiliated with an, any
  475  unlicensed salesperson.
  476         (3) A It shall be unlawful for any salesperson may not to
  477  be employed by, or affiliated with, an unlicensed commercial
  478  telephone seller.
  479         (4) A It shall be unlawful for any commercial telephone
  480  seller or salesperson must to be licensed unlicensed.
  481         (5) A It shall be unlawful for any salesperson or
  482  commercial telephone seller may not to otherwise violate the
  483  provisions of this part.
  484         (6) A It shall be unlawful for any commercial telephone
  485  seller or salesperson may not to make a commercial telephone
  486  solicitation phone call before 8 8:00 a.m. or after 9 9:00 p.m.
  487  local time at the called person’s location.
  488         (7) A It shall be unlawful for any commercial telephone
  489  seller or salesperson making a commercial telephone solicitation
  490  call may not intentionally act telephonic solicitations to take
  491  any intentional action to prevent transmission of the telephone
  492  solicitor’s name or telephone number to the party called when
  493  the equipment or service used by the telephone solicitor is
  494  capable of creating and transmitting the telephone solicitor’s
  495  name or telephone number.
  496         Section 11. Subsection (1) of section 501.913, Florida
  497  Statutes, is amended to read:
  498         501.913 Registration.—
  499         (1) Each brand of antifreeze to be distributed in this
  500  state shall be registered with the department before
  501  distribution. The person whose name appears on the label, the
  502  manufacturer, or the packager shall make application annually to
  503  the department on forms provided by the department no later than
  504  July 1 of each year. The registration certificate expires 1 year
  505  from the date of issue. The registrant assumes, by application
  506  to register the brand, full responsibility for the registration
  507  and the, quality, and quantity of the product sold, offered, or
  508  exposed for sale in this state. If a registered brand is not in
  509  production for distribution in this state, and to ensure any
  510  remaining product that is still available for sale in this the
  511  state is properly registered, the registrant must submit a
  512  notarized affidavit on company letterhead to the department
  513  certifying that:
  514         (a) The stated brand is no longer in production;
  515         (b) The stated brand will not be distributed in this state;
  516  and
  517         (c) All existing product of the stated brand will be
  518  removed by the registrant from the state within 30 days after
  519  expiration of the registration or the registrant will reregister
  520  the brand for two subsequent registration periods.
  521  
  522  If production resumes, the brand must be reregistered before it
  523  is distributed in this state.
  524         Section 12. Paragraph (b) of subsection (1) of section
  525  525.16, Florida Statutes, is amended to read:
  526         525.16 Administrative fine; penalties; prosecution of cases
  527  by state attorney.—
  528         (1)
  529         (b) If a, 3 years after the day of issuance of the last
  530  stop-sale order for a violation under this chapter, no new
  531  violation does not occur has occurred at the same location while
  532  the business is under the same during the proprietorship within
  533  3 years after the date of issuance of the last previous stop
  534  sale order of the same person, all previous fines shall be
  535  disregarded when administering a fine for a new the next
  536  violation.
  537         Section 13. Section 526.015, Florida Statutes, is created
  538  to read:
  539         526.015 Lubricating oil standards; labeling requirements.—
  540         (1)A person may not sell or distribute, or offer for sale
  541  or distribution, a lubricating oil that fails to meet a quality
  542  standard, such as those established by the Society of Automotive
  543  Engineers or other similar standard, or a labeling requirement
  544  designed to prevent deceptive or misleading practices as adopted
  545  by rule of the department.
  546         (2) A product that fails to meet a standard or labeling
  547  requirement adopted by rule of the department shall be placed
  548  under a stop-sale order by the department, and the lot number of
  549  the product shall be identified and tagged by the department to
  550  prevent its sale.
  551         (3) A person may not sell or distribute, or offer for sale
  552  or distribution, a product that has been placed under a stop
  553  sale order.
  554         (4)If a product is made to conform to standards and
  555  labeling requirements or is removed from the premises in a
  556  manner approved by the department, the department shall issue a
  557  release order.
  558         Section 14. Subsection (6) of section 526.50, Florida
  559  Statutes, is repealed.
  560         Section 15. Subsection (1) of section 526.51, Florida
  561  Statutes, is amended to read:
  562         526.51 Registration; renewal and fees; departmental
  563  expenses; cancellation or refusal to issue or renew.—
  564         (1)(a) Application for registration of each brand of brake
  565  fluid shall be made on forms supplied by the department. The
  566  applicant shall provide give his or her name and address, and
  567  the brand name of the brake fluid, the state in which that he or
  568  she owns the brand name and has complete control over the
  569  product sold thereunder in this state, and provide the name and
  570  address of the resident agent in this state. If the applicant
  571  does not own the brand name but wishes to register the product
  572  with the department, a notarized affidavit that gives the
  573  applicant full authorization to register the brand name, which
  574  must be and that is signed by the owner of the brand name, must
  575  accompany the application for registration. The affidavit must
  576  include all affected brand names, the owner’s company or
  577  corporate name and address, the applicant’s company or corporate
  578  name and address, and a statement from the owner authorizing the
  579  applicant to register the product with the department. The owner
  580  of the brand name shall maintain complete control over each
  581  product sold under that brand name in this state. All first-time
  582  applications for a brand and formula combination must be
  583  accompanied by a certified report from an independent testing
  584  laboratory, setting forth the analysis of the brake fluid which
  585  shows its quality meets to be not less than the minimum
  586  specifications established by the department for brake fluids. A
  587  sample of at least not less than 24 fluid ounces of brake fluid
  588  shall be submitted, in a container with a label printed in the
  589  same manner that it or containers, with labels representing
  590  exactly how the containers of brake fluid will be labeled when
  591  sold, and the sample and container shall be analyzed and
  592  inspected by the department in order to verify that compliance
  593  with the department’s specifications and labeling requirements
  594  may be verified. Upon approval of the application, the
  595  department shall register the brand name of the brake fluid and
  596  issue to the applicant a permit, valid for 1 year from the date
  597  of issue, authorizing the registrant to sell the brake fluid in
  598  this state during the permit year specified in the permit.
  599         (b) An Each applicant shall pay a fee of $100 with each
  600  application. A permit may be renewed by application to the
  601  department, accompanied by a renewal fee of $50, on or before
  602  the expiration of the previously issued last day of the permit
  603  year immediately preceding the permit year for which application
  604  is made for renewal of registration. To reregister a previously
  605  registered brand and formula combination, an applicant must
  606  submit a completed application and all materials as required in
  607  this section to the department before the expiration of the
  608  previously issued first day of the permit year. A brand and
  609  formula combination for which a completed application and all
  610  materials required in this section are not received before the
  611  expiration of the previously issued first day of the permit year
  612  may not be registered with the department until a completed
  613  application and all materials required in this section have been
  614  received and approved. If the brand and formula combination was
  615  previously registered with the department and a fee,
  616  application, or materials required in this section are received
  617  after the expiration of the previously issued first day of the
  618  permit year, a penalty of $25 accrues, which shall be added to
  619  the fee. Renewals shall be accepted only on brake fluids that do
  620  not have a no change in formula, composition, or brand name. A
  621  Any change in formula, composition, or brand name of a any brake
  622  fluid constitutes a new product that must be registered in
  623  accordance with this part.
  624         (c) If a registered brand and formula combination is no
  625  longer in production for distribution in this state, in order to
  626  ensure that any remaining product still available for sale in
  627  this state is properly registered, if a registered brand and
  628  formula combination is no longer in production for distribution
  629  in this state, the registrant must submit a notarized affidavit
  630  on company letterhead to the department certifying that:
  631         1. The stated brand and formula combination is no longer in
  632  production;
  633         2. The stated brand and formula combination will not be
  634  distributed in this state; and
  635         3. Either all existing product of the stated brand and
  636  formula combination will be removed by the registrant from the
  637  state within 30 days after the expiration of the registration or
  638  that the registrant will reregister the brand and formula
  639  combination for 2 two subsequent years registration periods.
  640  
  641  If production resumes, the brand and formula combination must be
  642  reregistered before it is again distributed in this state.
  643         Section 16. Paragraph (a) of subsection (4) and paragraphs
  644  (b) and (d) of subsection (7) of section 539.001, Florida
  645  Statutes, are amended to read:
  646         539.001 The Florida Pawnbroking Act.—
  647         (4) ELIGIBILITY FOR LICENSE.—
  648         (a) To be eligible for a pawnbroker’s license, an applicant
  649  must:
  650         1. Be of good moral character;
  651         2. Have a net worth of at least $50,000 or file with the
  652  agency a bond, issued by a surety company qualified to do
  653  business in this state, in the amount of $10,000 for each
  654  license. In lieu of the bond required in this section, the
  655  applicant may establish a certificate of deposit or an
  656  irrevocable letter of credit in a Florida banking institution in
  657  the amount of the bond. The original bond, certificate of
  658  deposit, or letter of credit shall be filed with the agency on a
  659  form adopted by agency rule, and the agency shall be the
  660  beneficiary to said document. The bond, certificate of deposit,
  661  or letter of credit must shall be in favor of the agency for the
  662  use and benefit of any consumer who is injured by the fraud,
  663  misrepresentation, breach of contract, financial failure, or
  664  violation of any provision of this section by the pawnbroker.
  665  Such liability may be enforced either by proceeding in an
  666  administrative action or by filing a judicial suit at law in a
  667  court of competent jurisdiction. However, in such court suit,
  668  the bond, certificate of deposit, or letter of credit posted
  669  with the agency may shall not be amenable or subject to any
  670  judgment or other legal process issuing out of or from such
  671  court in connection with such lawsuit, but such bond,
  672  certificate of deposit, or letter of credit shall be amenable to
  673  and enforceable only by and through administrative proceedings
  674  before the agency. It is the intent of the Legislature that such
  675  bond, certificate of deposit, or letter of credit shall be
  676  applicable and liable only for the payment of claims duly
  677  adjudicated by order of the agency. The bond, certificate of
  678  deposit, or letter of credit shall be payable on a pro rata
  679  basis as determined by the agency, but the aggregate amount may
  680  not exceed the amount of the bond, certificate of deposit, or
  681  letter of credit. A consumer may file a claim against the bond,
  682  certificate of deposit, or letter of credit. Such claim must be
  683  submitted in writing to the agency on a form affidavit approved
  684  by agency rule within 120 days after an alleged injury has
  685  occurred or is discovered to have occurred or a judgment has
  686  been entered. The proceedings shall be conducted in accordance
  687  with chapter 120. For proceedings conducted under ss. 120.569
  688  and 120.57, the agency may act only as a nominal party. The
  689  pawnbroker shall pay to the agency for distribution to the
  690  consumer any indebtedness determined by final order of the
  691  agency within 30 days after the order is entered. If the
  692  pawnbroker fails to make timely payment, the agency shall make
  693  demand upon the surety, which includes an institution issuing a
  694  letter of credit or depository on a certificate of deposit. If a
  695  surety fails to comply with a demand for payment pursuant to a
  696  final order, the agency may file an action pursuant to s. 120.69
  697  in circuit court to recover payment, up to the amount of the
  698  bond or other form of security. If the agency is successful and
  699  the court affirms the agency’s demand for payment from the
  700  surety, the agency shall be awarded all court costs and
  701  reasonable attorney fees;
  702         3. Not have been convicted of, or found guilty of, or pled
  703  guilty or nolo contendere to, or not have been incarcerated
  704  within the last 10 years as a result of having previously been
  705  convicted of, or found guilty of, or pled guilty or nolo
  706  contendere to, regardless of adjudication, a felony within the
  707  last 10 years and not be acting as a beneficial owner for
  708  someone who has been convicted of, or found guilty of, or pled
  709  guilty or nolo contendere to, regardless of adjudication, a
  710  felony within the last 10 years; and
  711         4. Not have been convicted of, or found guilty of, or pled
  712  guilty or nolo contendere to, or not have been incarcerated
  713  within the last 10 years as a result of having previously been
  714  convicted of, or found guilty of, or pled guilty or nolo
  715  contendere to, regardless of adjudication, a crime that involves
  716  theft, larceny, dealing in stolen property, receiving stolen
  717  property, burglary, embezzlement, obtaining property by false
  718  pretenses, possession of altered property, or any other
  719  fraudulent or dishonest dealing within the last 10 years, and
  720  not be acting as a beneficial owner for someone who has been
  721  convicted, of, or found guilty of, or pled guilty or nolo
  722  contendere to, or has been incarcerated within the last 10 years
  723  as a result of having previously been convicted of, or found
  724  guilty of, or pled guilty or nolo contendere to, regardless of
  725  adjudication, a crime that involves theft, larceny, dealing in
  726  stolen property, receiving stolen property, burglary,
  727  embezzlement, obtaining property by false pretenses, possession
  728  of altered property, or any other fraudulent or dishonest
  729  dealing within the last 10 years.
  730         (7) ORDERS IMPOSING PENALTIES.—
  731         (b) Upon a finding as set forth in paragraph (a), the
  732  agency may enter an order doing one or more of the following:
  733         1. Issuing a notice of noncompliance pursuant to s.
  734  120.695.
  735         2. Imposing an administrative fine of up to not to exceed
  736  $5,000 for each act that which constitutes a violation of this
  737  section, or a rule, or an order.
  738         3. Directing that the pawnbroker cease and desist specified
  739  activities.
  740         4. Refusing to license or revoking or suspending a license.
  741         5. Placing the licensee on probation for a period of time,
  742  subject to such conditions as the agency may specify.
  743         (d)1. When the agency, If a violation of this section
  744  occurs and the agency has reasonable cause to believe that a
  745  person is operating in violation of this section, has reasonable
  746  cause to believe that a person is operating in violation of this
  747  section, the agency may bring a civil action in the appropriate
  748  court for temporary or permanent injunctive relief and may seek
  749  other appropriate civil relief, including a civil penalty of up
  750  to not to exceed $5,000 for each violation, restitution and
  751  damages for injured customers, court costs, and reasonable
  752  attorney attorney’s fees.
  753         2. The agency may terminate an any investigation or action
  754  upon agreement by the offender to pay a stipulated civil
  755  penalty, to make restitution or pay damages to customers, or to
  756  satisfy any other relief authorized in this section herein and
  757  requested by the agency.
  758         Section 17. Section 559.929, Florida Statutes, is amended
  759  to read:
  760         559.929 Security requirements.—
  761         (1) An application must be accompanied by a performance
  762  bond in an amount set by the department under paragraph (a),
  763  paragraph (b), or paragraph (c). The surety on such bond must
  764  shall be a surety company authorized to do business in the
  765  state.
  766         (a) Each seller of travel which that certifies its business
  767  activities under s. 559.9285(1)(a) shall provide a performance
  768  bond in an amount up to not to exceed $25,000, or in the amount
  769  of $50,000 if the seller of travel is offering vacation
  770  certificates.
  771         (b) Each seller of travel which that certifies its business
  772  activities under s. 559.9285(1)(b) shall provide a performance
  773  bond in an amount up to not to exceed $100,000, or in the amount
  774  of $150,000 if the seller of travel is offering vacation
  775  certificates.
  776         (c) Each seller of travel which that certifies its business
  777  activities under s. 559.9285(1)(c) shall provide a performance
  778  bond in an amount up to not to exceed $250,000, or in the amount
  779  of $300,000 if the seller of travel is offering vacation
  780  certificates.
  781         (2) The bond must shall be in favor of the department on a
  782  form adopted by rule of the department for the use and benefit
  783  of a any traveler who is injured by the fraud,
  784  misrepresentation, breach of contract, financial failure, or
  785  violation of any provision of this part by the seller of travel.
  786  Such liability may be enforced either by proceeding in an
  787  administrative action as specified in subsection (3) or by
  788  filing a judicial suit at law in a court of competent
  789  jurisdiction. However, in such court suit the bond posted with
  790  the department shall not be amenable or subject to any judgment
  791  or other legal process issuing out of or from such court in
  792  connection with such lawsuit, but such bond shall be amenable to
  793  and enforceable only by and through administrative proceedings
  794  before the department. It is the intent of the Legislature that
  795  such bond is shall be applicable and liable only for the payment
  796  of claims duly adjudicated by order of the department. The bond
  797  must shall be open to successive claims, but the aggregate
  798  amount awarded may not exceed the amount of the bond. In
  799  addition to the foregoing, a bond provided by a registrant or
  800  applicant for registration which certifies its business
  801  activities under s. 559.9285(1)(b) or (c) must shall be in favor
  802  of the department, with payment in the following order of
  803  priority:
  804         (a) All expenses for prosecuting the registrant or
  805  applicant in an any administrative or civil action under this
  806  part, including attorney fees for attorneys and fees for other
  807  professionals, court costs or other costs of the proceedings,
  808  and all other expenses incidental to the action.
  809         (b) The All costs and expenses of investigation before
  810  prior to the commencement of an administrative or civil action
  811  under this part.
  812         (c) An Any unpaid administrative fine imposed by final
  813  order or an any unpaid civil penalty imposed by final judgment
  814  under this part.
  815         (d) Damages or compensation for a any traveler injured as
  816  provided in this subsection.
  817         (3) A Any traveler may file a claim against the bond. Such
  818  claim must which shall be submitted to the department made in
  819  writing on a form affidavit approved by department rule to the
  820  department within 120 days after an alleged injury has occurred
  821  or is discovered to have occurred or a judgment has been
  822  entered. The proceedings shall be conducted held in accordance
  823  with chapter 120. The department may act only as a nominal party
  824  in proceedings conducted under ss. 120.569 and 120.57.
  825         (4) Any indebtedness determined by final order of the
  826  department must be paid by the seller of travel to the
  827  department within 30 days after the order is entered, for
  828  distribution to the traveler. If the seller of travel fails to
  829  make payment within the 30 days, the department shall make
  830  demand upon the surety, which includes an institution issuing a
  831  letter of credit or depository on a certificate of deposit. Upon
  832  failure of a surety to comply with a demand for payment pursuant
  833  to a final order, the department may file an action in circuit
  834  court to recover payment, up to the amount of the bond or other
  835  form of security pursuant to s. 120.69. If the department is
  836  successful and the court affirms the department’s demand for
  837  payment from the surety, the department shall be allowed all
  838  court costs incurred and reasonable attorney fees to be fixed
  839  and collected as a part of the costs of the suit.
  840         (5)(4)If In any situation in which the seller of travel is
  841  currently the subject of an administrative, civil, or criminal
  842  action by the department, the Department of Legal Affairs, or
  843  the state attorney relating to concerning compliance with this
  844  part, the right to proceed against the bond as provided in
  845  subsection (3) is shall be suspended until after any enforcement
  846  action becomes final.
  847         (6)(5) The department may waive the bond requirement on an
  848  annual basis if the seller of travel has had 5 or more
  849  consecutive years of experience as a seller of travel in this
  850  state Florida in compliance with this part, has not had a any
  851  civil, criminal, or administrative action instituted against the
  852  seller of travel in the vacation and travel business by a any
  853  governmental agency or an any action involving fraud, theft,
  854  misappropriation of property, violation of a any statute
  855  pertaining to business or commerce with a any terrorist state,
  856  or moral turpitude, and has a satisfactory consumer complaint
  857  history with the department, and certifies its business
  858  activities under s. 559.9285. Such waiver may be revoked if the
  859  seller of travel violates any provision of this part. A seller
  860  of travel which that certifies its business activities under s.
  861  559.9285(1)(b) or (c) is not entitled to the waiver provided in
  862  this subsection.
  863         Section 18. Effective January 1, 2015, paragraph (a) of
  864  subsection (4) of section 943.059, Florida Statutes, is amended
  865  to read:
  866         943.059 Court-ordered sealing of criminal history records.
  867  The courts of this state shall continue to have jurisdiction
  868  over their own procedures, including the maintenance, sealing,
  869  and correction of judicial records containing criminal history
  870  information to the extent such procedures are not inconsistent
  871  with the conditions, responsibilities, and duties established by
  872  this section. Any court of competent jurisdiction may order a
  873  criminal justice agency to seal the criminal history record of a
  874  minor or an adult who complies with the requirements of this
  875  section. The court shall not order a criminal justice agency to
  876  seal a criminal history record until the person seeking to seal
  877  a criminal history record has applied for and received a
  878  certificate of eligibility for sealing pursuant to subsection
  879  (2). A criminal history record that relates to a violation of s.
  880  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  881  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  882  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  883  916.1075, a violation enumerated in s. 907.041, or any violation
  884  specified as a predicate offense for registration as a sexual
  885  predator pursuant to s. 775.21, without regard to whether that
  886  offense alone is sufficient to require such registration, or for
  887  registration as a sexual offender pursuant to s. 943.0435, may
  888  not be sealed, without regard to whether adjudication was
  889  withheld, if the defendant was found guilty of or pled guilty or
  890  nolo contendere to the offense, or if the defendant, as a minor,
  891  was found to have committed or pled guilty or nolo contendere to
  892  committing the offense as a delinquent act. The court may only
  893  order sealing of a criminal history record pertaining to one
  894  arrest or one incident of alleged criminal activity, except as
  895  provided in this section. The court may, at its sole discretion,
  896  order the sealing of a criminal history record pertaining to
  897  more than one arrest if the additional arrests directly relate
  898  to the original arrest. If the court intends to order the
  899  sealing of records pertaining to such additional arrests, such
  900  intent must be specified in the order. A criminal justice agency
  901  may not seal any record pertaining to such additional arrests if
  902  the order to seal does not articulate the intention of the court
  903  to seal records pertaining to more than one arrest. This section
  904  does not prevent the court from ordering the sealing of only a
  905  portion of a criminal history record pertaining to one arrest or
  906  one incident of alleged criminal activity. Notwithstanding any
  907  law to the contrary, a criminal justice agency may comply with
  908  laws, court orders, and official requests of other jurisdictions
  909  relating to sealing, correction, or confidential handling of
  910  criminal history records or information derived therefrom. This
  911  section does not confer any right to the sealing of any criminal
  912  history record, and any request for sealing a criminal history
  913  record may be denied at the sole discretion of the court.
  914         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  915  history record of a minor or an adult which is ordered sealed by
  916  a court of competent jurisdiction pursuant to this section is
  917  confidential and exempt from the provisions of s. 119.07(1) and
  918  s. 24(a), Art. I of the State Constitution and is available only
  919  to the person who is the subject of the record, to the subject’s
  920  attorney, to criminal justice agencies for their respective
  921  criminal justice purposes, which include conducting a criminal
  922  history background check for approval of firearms purchases or
  923  transfers as authorized by state or federal law, to judges in
  924  the state courts system for the purpose of assisting them in
  925  their case-related decisionmaking responsibilities, as set forth
  926  in s. 943.053(5), or to those entities set forth in
  927  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  928  licensing, access authorization, and employment purposes.
  929         (a) The subject of a criminal history record sealed under
  930  this section or under other provisions of law, including former
  931  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  932  deny or fail to acknowledge the arrests covered by the sealed
  933  record, except when the subject of the record:
  934         1. Is a candidate for employment with a criminal justice
  935  agency;
  936         2. Is a defendant in a criminal prosecution;
  937         3. Concurrently or subsequently petitions for relief under
  938  this section, s. 943.0583, or s. 943.0585;
  939         4. Is a candidate for admission to The Florida Bar;
  940         5. Is seeking to be employed or licensed by or to contract
  941  with the Department of Children and Families, the Division of
  942  Vocational Rehabilitation within the Department of Education,
  943  the Agency for Health Care Administration, the Agency for
  944  Persons with Disabilities, the Department of Health, the
  945  Department of Elderly Affairs, or the Department of Juvenile
  946  Justice or to be employed or used by such contractor or licensee
  947  in a sensitive position having direct contact with children, the
  948  disabled, or the elderly;
  949         6. Is seeking to be employed or licensed by the Department
  950  of Education, any district school board, any university
  951  laboratory school, any charter school, any private or parochial
  952  school, or any local governmental entity that licenses child
  953  care facilities; or
  954         7. Is attempting to purchase a firearm from a licensed
  955  importer, licensed manufacturer, or licensed dealer and is
  956  subject to a criminal history check under state or federal law;
  957  or.
  958         8. Is seeking to be licensed by the Bureau of License
  959  Issuance of the Division of Licensing within the Department of
  960  Agriculture and Consumer Services to carry a concealed weapon or
  961  concealed firearm. This exception applies only to the
  962  determination of an applicant’s eligibility in accordance with
  963  s. 790.06.
  964         Section 19. Section 205.1969, Florida Statutes, is amended
  965  to read:
  966         205.1969 Health studios; consumer protection.—A county or
  967  municipality may not issue or renew a business tax receipt for
  968  the operation of a health studio pursuant to ss. 501.012-501.019
  969  or ballroom dance studio pursuant to s. 501.143, unless such
  970  business exhibits a current license, registration, or letter of
  971  exemption from the Department of Agriculture and Consumer
  972  Services.
  973         Section 20. Subsection (6) of section 501.015, Florida
  974  Statutes, is amended to read:
  975         501.015 Health studios; registration requirements and
  976  fees.—Each health studio shall:
  977         (6) Be considered a new health studio and is shall be
  978  subject to the requirements of s. 501.016 each time the health
  979  studio changes ownership or, in the case of corporate ownership,
  980  each time the stock ownership is changed so as to effectively
  981  put the health studio under new management or control,
  982  notwithstanding s. 501.016(8) the provisions of s. 501.016(6). A
  983  change of ownership does not occur within the meaning of this
  984  subsection if:
  985         (a) Substantially the same stockholders form a new
  986  corporate entity;
  987         (b) In the opinion of the department, the change does not
  988  effectively place the health studio under new management and
  989  control; and
  990         (c) The health studio has a satisfactory complaint history
  991  with the department.
  992         Section 21. For the 2014-2015 fiscal year, the sum of
  993  $35,745 in nonrecurring funds is appropriated to the Department
  994  of Law Enforcement from the Operating Trust Fund for contracted
  995  services and operating capital outlay related to sealed criminal
  996  history records. To support this appropriation, funds in this
  997  amount shall be transferred from the Division of Licensing Trust
  998  Fund of the Department of Agriculture and Consumer Services to
  999  the Operating Trust Fund of the Department of Law Enforcement.
 1000         Section 22. Except as otherwise expressly provided in this
 1001  act, this act shall take effect July 1, 2014.

feedback