Bill Text: FL S1040 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Agriculture and Consumer Services
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7023 (Ch. 2013-251), HB 5501 (Ch. 2013-55) [S1040 Detail]
Download: Florida-2013-S1040-Introduced.html
Bill Title: Department of Agriculture and Consumer Services
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7023 (Ch. 2013-251), HB 5501 (Ch. 2013-55) [S1040 Detail]
Download: Florida-2013-S1040-Introduced.html
Florida Senate - 2013 SB 1040 By Senator Stargel 15-00464A-13 20131040__ 1 A bill to be entitled 2 An act relating to the Department of Agriculture and 3 Consumer Services; transferring, redesignating, and 4 amending s. 525.09(1), F.S.; transferring the 5 collection of the motor fuel inspection fee from the 6 Department of Agriculture and Consumer Services to the 7 Department of Revenue; amending s. 206.45, F.S.; 8 providing for the collection and distribution of the 9 inspection fee on motor fuel; amending s. 493.6101, 10 F.S.; revising the definition of the term 11 “repossession”; amending s. 493.6113, F.S.; requiring 12 licensees to submit proof of recertification training 13 to the Department of Agriculture and Consumer 14 Services; providing that failure to submit proof of 15 firearm recertification training will result in 16 license suspension and nonrenewal; amending s. 17 493.6116, F.S.; removing a provision that prohibits 18 firearm licensees from sponsoring certain interns; 19 requiring interns to conduct regulated duties within 20 the state; amending s. 493.6118, F.S.; providing 21 additional grounds for disciplinary action against 22 firearm licensees; providing criminal penalties for 23 providing fraudulent training certifications; 24 conforming a cross-reference; amending s. 493.6120, 25 F.S.; providing an exception to a penalty provision; 26 amending s. 493.6121, F.S.; conforming a cross 27 reference; amending s. 496.405, F.S.; revising 28 procedures and requirements with respect to the 29 submission and processing of registration statements 30 and renewal statements by charitable organizations and 31 sponsors; amending s. 496.406, F.S.; providing 32 exemption from registration requirements for certain 33 charitable organizations and sponsors; requiring 34 exempt charitable organizations and sponsors that 35 solicit donations to provide information to the 36 department; providing that the burden of proving an 37 exemption is on the entity claiming the exemption; 38 limiting applicability of the registration exemption; 39 amending s. 496.407, F.S.; providing that a charitable 40 organization or sponsor may submit certain IRS forms 41 and schedules in lieu of a financial report; amending 42 s. 496.409, F.S.; revising procedures and requirements 43 with respect to the submission and processing of 44 registration statements and renewal statements by 45 professional fundraising consultants; amending s. 46 496.410, F.S.; revising procedures and requirements 47 with respect to the submission and processing of 48 registration statements, renewal statements, and 49 reports by professional solicitors; amending s. 50 496.411, F.S.; deleting provisions that require 51 registered charitable entities, sponsors, or 52 solicitors to display the percentage retained from 53 contributions; amending s. 496.415, F.S.; providing 54 that it is unlawful to knowingly provide a misleading 55 or inaccurate document relating to a solicitation or 56 charitable promotion; providing criminal penalties; 57 amending s. 496.419, F.S.; providing that certain 58 violations constitute an immediate public threat and 59 are grounds for suspending solicitation activities; 60 requiring that the department report only 61 substantiated criminal violations to a prosecuting 62 authority; conforming cross-references; amending s. 63 501.016, F.S.; reducing the required security amount 64 for health studios; amending s. 501.059, F.S.; 65 prohibiting a person from making certain outbound 66 telephonic sales calls; amending s. 501.603, F.S.; 67 revising the definitions of the terms “commercial 68 telephone solicitation” and “commercial telephone 69 seller”; amending s. 501.604, F.S.; specifying that 70 exemptions apply to telecommunications businesses and 71 businesses that have operated lawfully; making 72 technical and conforming changes; amending s. 501.607, 73 F.S.; deleting the provision requiring commercial 74 telephone salespersons to provide employment history 75 to the department; amending s. 501.608, F.S.; 76 requiring that commercial telephone sellers provide 77 the department with certain documents to aid in 78 determining eligibility for exemptions; requiring each 79 commercial telephone seller operating under an 80 exemption to display or make certain documents 81 available for inspection; providing that failure to 82 obtain or display certain documents is grounds for 83 action against the commercial telephone seller; 84 amending s. 501.611, F.S.; requiring a commercial 85 telephone seller to maintain an active security bond 86 throughout the period of licensure; amending s. 87 501.615, F.S.; revising the criteria for certain 88 exempt telephonic sales; requiring a commercial 89 telephone seller engaged in activities regulated by 90 ch. 721 to comply with certain disclosure obligations; 91 amending s. 501.617, F.S.; authorizing the department 92 to conduct regulatory inspections of commercial 93 telephone sellers; amending s. 507.03, F.S.; requiring 94 moving brokers to provide the department with contact 95 information for movers with whom they have contracted 96 for services or are affiliated; amending s. 507.04, 97 F.S.; eliminating the requirement that a moving broker 98 obtain a bond; amending s. 507.07, F.S.; prohibiting 99 movers and moving brokers from entering into certain 100 service contracts with certain unregistered persons; 101 amending s. 525.01, F.S.; revising the definition of 102 the term “alternative fuels” for purposes of 103 inspection requirements; repealing s. 525.09(2)-(4), 104 F.S., relating to the payment and applicability of an 105 inspection fee for testing and analyzing petroleum 106 fuels; amending s. 525.10, F.S.; eliminating the 107 requirement that collected fees be paid into the 108 treasury and distributed into a specified trust fund; 109 conforming provisions; amending s. 527.01, F.S.; 110 providing a definition for the term “license year” as 111 it relates to the sale of petroleum gas; amending s. 112 527.0201, F.S.; revising examination requirements for 113 applicants seeking certain licenses; revising 114 continuing education requirements for specified 115 qualifiers; amending s. 527.03, F.S.; revising the 116 renewal procedure for certain licenses; amending s. 117 531.415, F.S.; conforming a cross-reference; amending 118 s. 531.61, F.S.; exempting certain commercial weights 119 and measures devices from permit requirements; 120 conforming a cross-reference; amending chapter 2009 121 66, Laws of Florida; extending the expiration date of 122 certain statutes related to commercial weights and 123 measures; amending s. 539.001, F.S.; revising 124 fingerprinting requirements for a pawnbroker license 125 application; amending s. 559.802, F.S.; requiring 126 franchisors to provide notice of the franchise sale on 127 a department promulgated form; amending s. 559.803, 128 F.S.; deleting provisions allowing and requiring 129 sellers of business opportunities to file federal 130 disclosure statements with the department; repealing 131 s. 559.805, F.S., relating to mandatory filings and 132 disclosure of advertisement identification numbers by 133 sellers of business opportunities; repealing s. 134 559.807(2), F.S., relating to bonds or securities for 135 business opportunity sellers; amending s. 559.813, 136 F.S.; deleting a provision authorizing the department 137 to impose specified penalties for certain violations 138 relating to selling business opportunities; abrogating 139 the enforcement and rulemaking authority of the 140 Department of Agriculture and Consumer Services; 141 amending s. 559.815, F.S.; conforming a cross 142 reference; amending s. 559.9221, F.S.; revising the 143 membership of the Motor Vehicle Repair Advisory 144 Council; amending s. 616.242, F.S.; revising amusement 145 ride insurance coverage requirements; amending s. 146 721.20, F.S.; requiring specified persons who sell 147 timeshare plans to be licensed as commercial telephone 148 sellers or salespersons under ch. 501, F.S.; providing 149 an effective date. 150 151 Be It Enacted by the Legislature of the State of Florida: 152 153 Section 1. Subsection (1) of section 525.09, Florida 154 Statutes, is transferred, redesignated as paragraph (h) of 155 subsection (1) of section 206.41, Florida Statutes, and amended, 156 to read: 157 206.41 State taxes imposed on motor fuel.— 158 (1) The following taxes are imposed on motor fuel under the 159 circumstances described in subsection (6): 160 (h)(1)An additional 0.125 cent per net gallon is levied on 161 all motor fuel for sale or use in this state for the purpose of 162 defraying the expenses incident to inspecting, testing, and 163 analyzing motor fuelpetroleum fuelsin this state, there shall164be paid to the department a charge of one-eighth cent per gallon165on all gasoline, kerosene (except when used as aviation turbine166fuel), and #1 fuel oil for sale or use in this state. This167inspection fee shall be imposed in the same manner as the motor168fuel tax pursuant to s.206.41. Payment shall be made on or169before the 25th day of each month. 170 Section 2. Subsection (4) is added to section 206.45, 171 Florida Statutes, to read: 172 206.45 Payment of tax into State Treasury.— 173 (4) The department shall pay all moneys collected pursuant 174 to s. 206.41(1)(h) into the State Treasury for monthly 175 distribution into the General Inspection Trust Fund. 176 Section 3. Subsection (22) of section 493.6101, Florida 177 Statutes, is amended to read: 178 493.6101 Definitions.— 179 (22) “Repossession” means the recovery of a motor vehicle 180 as defined under s. 320.01(1), a mobile home as defined in s. 181 320.01(2), a motorboat as defined under s. 327.02, an aircraft 182 as defined in s. 330.27(1), a personal watercraft as defined in 183 s. 327.02, an all-terrain vehicle as defined in s. 316.2074, 184 farm equipment as defined under s. 686.402, or industrial 185 equipment, by an individual who is authorized by the legal 186 owner, lienholder, or lessor to recover, or to collect money 187 payment in lieu of recovery of, such property that waswhich has188beensold or leased under a security agreement that contains a 189 repossession clause. As used in this subsection, the term 190 “industrial equipment” includes, but is not limited to, 191 tractors, road rollers, cranes, forklifts, backhoes, and 192 bulldozers. The term “industrial equipment” also includes other 193 vehicles that are propelled by power other than muscular power 194 and that are used in the manufacture of goods or used in the 195 provision of services. A repossession is complete when a 196 licensed recovery agent is in control, custody, and possession 197 of such repossessed property. Property that is being repossessed 198 is considered to be in the control, custody, and possession of a 199 licensed recovery agent if the vehicle or other equipment being 200 repossessed has been secured in preparation for transport from 201 the site of the recovery by means of having been attached to, or 202 placed on, the towing or other transport vehicle, or if the 203 vehicle or equipment being repossessed is being operated or 204 about to be operated by a licensed recovery agent. 205 Section 4. Paragraph (b) of subsection (3) of section 206 493.6113, Florida Statutes, is amended to read: 207 493.6113 Renewal application for licensure.— 208 (3) Each licensee is responsible for renewing his or her 209 license on or before its expiration by filing with the 210 department an application for renewal accompanied by payment of 211 the prescribed license fee. 212 (b) Each Class “G” licensee shall additionally submit proof 213 that he or she has received during each year of the license 214 period a minimum of 4 hours of firearms recertification training 215 taught by a Class “K” licensee and has complied with such other 216 health and training requirements which the department may adopt 217 by rule. Proof of completion of recertification training must be 218 submitted to the department upon completion of that training. If 219 the documentation of completion of recertification training is 220 not submitted by the end of the first year of the license 221 period, the individual’s license shall be automatically 222 suspended until proof of such training is submitted to the 223 department. If the documentation of completion of 224 recertification training is not submitted by the end of the 225 second year of the license period, the license may not be 226 renewed unlessIf proof of a minimum of 4 hours of annual227firearms recertification training cannot be provided,the 228 renewal applicant completesshallcompletethe minimum number of 229 hours of range and classroom training required at the time of 230 initial licensure. The department may waive the foregoing 231 firearms training requirement if: 232 1. The applicant provides proof that he or she is currently 233 certified as a law enforcement officer or correctional officer 234 under the Criminal Justice Standards and Training Commission and 235 has completed law enforcement firearms requalification training 236 annually during the previous 2 years of the licensure period. 237 2. The applicant provides proof that he or she is currently 238 certified as a federal law enforcement officer and has received 239 law enforcement firearms training administered by a federal law 240 enforcement agency annually during the previous 2 years of the 241 licensure period. 242 3. The applicant submits a valid firearm certificate among 243 those specified in s. 493.6105(6)(a) and provides proof of 244 having completed requalification training during the previous 2 245 years of the licensure period. 246 Section 5. Subsections (2) through (4) of section 493.6116, 247 Florida Statutes, are amended to read: 248 493.6116 Sponsorship of interns.— 249 (2) An internship may not commence until a licensee submits 250the sponsor has submittedto the department athenotice of 251 intent to sponsor. Such notice shall be on a form provided by 252 the department. 253 (3) An internship is intended to serve as a period of 254 learningprocess. Licensees who sponsor internsSponsorsshall 255 provideassumea training status by providingdirection to and 256 maintain control of interns as part of this learning process. 257 Sponsors mayshall only sponsor interns whose place of business258is within a 50-mile distance of the sponsor’s place of business259andshallnot allow interns to operate independently ofsuch260 direction and control, or require interns to perform activities 261 thatwhichdo not enhance the intern’s qualification for 262 licensure. Interns shall perform regulated duties within the 263 geographic boundaries of this state during the period of 264 internship. 265 (4) A licenseeNo sponsormay not sponsor more than six 266 interns at the same time. 267 Section 6. Present subsections (1) and (4) of section 268 493.6118, Florida Statutes, are amended, present subsections (2) 269 through (7) of that section are redesignated as subsections (3) 270 through (8), respectively, and a new subsection (2) is added to 271 that section, to read: 272 493.6118 Grounds for disciplinary action.— 273 (1) The following constitute grounds for which disciplinary 274 action specified in subsection (3)(2)may be taken by the 275 department against aanylicensee, agency, or applicant 276 regulated by this chapter, or ananyunlicensed person engaged 277 in activities regulated under this chapter. 278 (a) Fraud or willful misrepresentation in applying for or 279 obtaining a license. 280 (b) Use of aanyfictitious or assumed name by an agency 281 unless the agency has department approval and qualifies under s. 282 865.09. 283 (c) Being found guilty of or entering a plea of guilty or 284 nolo contendere to, regardless of adjudication, or being 285 convicted of a crime that directly relates to the business for 286 which the license is held or sought. A plea of nolo contendere 287 createsshall createa rebuttable presumption of guilt to the 288 underlying criminal charges, and the department shall allow the 289 individual being disciplined or denied an application for a 290 license to present any mitigating circumstances surrounding his 291 or her plea. 292 (d) A false statement by the licensee that anany293 individual is or has been in his or her employ. 294 (e) A finding that the licensee or ananyemployee of the 295 licensee is guilty of willful betrayal of a professional secret 296 or theanyunauthorized release of information acquired as a 297 result of activities regulated under this chapter. 298 (f) Proof that the applicant or licensee is guilty of fraud 299 or deceit, or of negligence, incompetency, or misconduct, in the 300 practice of the activities regulated under this chapter. 301 (g) Conducting activities regulated under this chapter 302 without a license or with a revoked or suspended license. 303 (h) Failure of the licensee to maintain in full force and 304 effect the commercial general liability insurance coverage 305 required by s. 493.6110. 306 (i) Impersonating, or permitting or aiding and abetting an 307 employee to impersonate, a law enforcement officer or an 308 employee of the state, the United States, or aanypolitical 309 subdivision thereof by identifying himself or herself as a 310 federal, state, county, or municipal law enforcement officer or 311 official representative, by wearing a uniform or presenting or 312 displaying a badge or credentials that would cause a reasonable 313 person to believe that he or she is a law enforcement officer or 314 that he or she has official authority, by displayingany315 flashing or warning vehicular lights other than amber colored, 316 or by committing ananyact that is intended to falsely convey 317 official status. 318 (j) Commission of an act of violence or the use of force on 319 aanyperson except in the lawful protection of one’s self or 320 another from physical harm. 321 (k) Knowingly violating, advising, encouraging, or 322 assisting the violation of aanystatute, court order, capias, 323 warrant, injunction, or cease and desist order, in the course of 324 business regulated under this chapter. 325 (l) Soliciting business for an attorney in return for 326 compensation. 327 (m) Transferring or attempting to transfer a license issued 328 pursuant to this chapter. 329 (n) Employing or contracting with ananyunlicensed or 330 improperly licensed person or agency to conduct activities 331 regulated under this chapter, or performing ananyact that 332 assists, aids, or abets a person or business entity in engaging 333 in unlicensed activity, when the licensure status was known or 334 could have been ascertained by reasonable inquiry. 335 (o) Failure or refusal to cooperate with or refusal of 336 access to an authorized representative of the department engaged 337 in an official investigation pursuant to this chapter. 338 (p) Failure of aanypartner, principal corporate officer, 339 or licensee to have his or her identification card in his or her 340 possession while on duty. 341 (q) Failure of aanylicensee to have his or her license in 342 his or her possession while on duty, as specified in s. 343 493.6111(1). 344 (r) Failure or refusal by a sponsor to certify a biannual 345 written report on an intern or to certify completion or 346 termination of an internship to the department within 15 working 347 days. 348 (s) Failure to report to the department aanyperson whom 349 the licensee knows to be in violation of this chapter or the 350 rules of the department. 351 (t) Violating any provision of this chapter. 352 (u) For a Class “G” applicant or licensee, failing to 353 complete recertification training required to carry a firearm 354 while performing regulated duties. 355 (v) For a Class “K” applicant or licensee, failing to 356 maintain active certification as a professional firearms 357 trainer. 358 (w)(u)For a Class “G” or a Class “K” applicant or 359 licensee, being prohibited from purchasing or possessing a 360 firearm by state or federal law. 361 (x)(v)In addition to the grounds for disciplinary action 362 prescribed in paragraphs (a)-(t), Class “R” recovery agencies, 363 Class “E” recovery agents, and Class “EE” recovery agent interns 364 are prohibited from committing the following acts: 365 1. Recovering a motor vehicle, mobile home, motorboat, 366 aircraft, personal watercraft, all-terrain vehicle, farm 367 equipment, or industrial equipment that has been sold under a 368 conditional sales agreement or under the terms of a chattel 369 mortgage before authorization has been received from the legal 370 owner or mortgagee. 371 2. Charging for expenses not actually incurred in 372 connection with the recovery, transportation, storage, or 373 disposal of repossessed property or personal property obtained 374 in a repossession. 375 3. Usinganyrepossessed property or personal property 376 obtained in a repossession for the personal benefit of a 377 licensee or an officer, director, partner, manager, or employee 378 of a licensee. 379 4. Selling property recovered under the provisions of this 380 chapter, except with written authorization from the legal owner 381 or the mortgagee thereof. 382 5. Failing to notify the police or sheriff’s department of 383 the jurisdiction in which the repossessed property is recovered 384 within 2 hours after recovery. 385 6. Failing to remit moneys collected in lieu of recovery of 386 a motor vehicle, mobile home, motorboat, aircraft, personal 387 watercraft, all-terrain vehicle, farm equipment, or industrial 388 equipment to the client within 10 working days. 389 7. Failing to deliver to the client a negotiable instrument 390 that is payable to the client, within 10 working days after 391 receipt of such instrument. 392 8. Falsifying, altering, or failing to maintainany393 required inventory or records regarding disposal of personal 394 property contained in or on repossessed property pursuant to s. 395 493.6404(1). 396 9. Carrying aanyweapon or firearm when he or she is on 397 private property and performing duties under his or her license 398 whether or not he or she is licensed pursuant to s. 790.06. 399 10. Soliciting from the legal owner the recovery of 400 property subject to repossession after such property has been 401 seen or located on public or private property if the amount 402 charged or requested for such recovery is more than the amount 403 normally charged for such a recovery. 404 11. Wearing, presenting, or displaying a badge in the 405 course of performing a repossession regulated by this chapter. 406 (2) It is unlawful for a person to knowingly possess, 407 issue, cause to be issued, sell, submit, or offer a fraudulent 408 training certificate, proficiency form, or other official 409 document that declares an applicant has successfully completed a 410 course of training required for licensure under chapter 493 if 411 that person knows or reasonably should know that the 412 certificate, form, or document is fraudulent. A violation of 413 this section is a felony of the third degree, punishable as 414 provided in s. 775.082, s. 775.083, or s. 775.084. 415 (5)(4)Notwithstanding the provisions of paragraph (1)(c) 416 and subsection (3)(2): 417 (a) If the applicant or licensee has been convicted of a 418 felony, the department shall deny the application or revoke the 419 license unless and until civil rights have been restored by the 420 State of Florida or by a state acceptable to Florida and a 421 period of 10 years has expired since final release from 422 supervision. 423 (b) A Class “G” applicant who has been convicted of a 424 felony mustshallalso have had the specific right to possess, 425 carry, or use a firearm restored by the State of Florida. 426 (c) If the applicant or licensee has been found guilty of, 427 entered a plea of guilty to, or entered a plea of nolo 428 contendere to a felony and adjudication of guilt is withheld, 429 the department shall deny the application or revoke the license 430 until a period of 3 years has expired since final release from 431 supervision. 432 (d) A plea of nolo contendere createsshall createa 433 rebuttable presumption of guilt to the underlying criminal 434 charges, and the department shall allow the person being 435 disciplined or denied an application for a license to present 436 any mitigating circumstances surrounding his or her plea. 437 (e) The grounds for discipline or denial cited in this 438 subsection applyshall be appliedto aanydisqualifying 439 criminal history regardless of the date of commission of the 440 underlying criminal charge. Such provisions areshall beapplied 441 retroactively and prospectively. 442 Section 7. Subsection (1) of section 493.6120, Florida 443 Statutes, is amended to read: 444 493.6120 Violations; penalty.— 445 (1) Any person who violates any provision of this chapter 446 except ss. 493.6118(2) ands.493.6405 commits a misdemeanor of 447 the first degree, punishable as provided in s. 775.082 or s. 448 775.083. 449 Section 8. Subsection (3) of section 493.6121, Florida 450 Statutes, is amended to read: 451 493.6121 Enforcement; investigation.— 452 (3) The department hasshall havethe authority to 453 investigate aanylicensed or unlicensed person, firm, company, 454 partnership, or corporation when such person, firm, company, 455 partnership, or corporation is advertising as providing or is 456 engaged in performing services thatwhichrequire licensure 457 under this chapter or when a licensee is engaged in activities 458 thatwhichdo not comply with or are prohibited by this chapter; 459 and the department hasshall havethe authority to issue an 460 order to cease and desist the further conduct of such 461 activities, or seek an injunction, or take other appropriate 462 action pursuant to s. 493.6118(3)(a)493.6118(2)(a)or (c). 463 Section 9. Paragraph (b) of subsection (1) and subsections 464 (2) and (7) of section 496.405, Florida Statutes, are amended to 465 read: 466 496.405 Registration statements by charitable organizations 467 and sponsors.— 468 (1) 469 (b)AnyChanges in the information submitted on the initial 470 registration statement or the last renewal statement must be 471 updated annually on a renewal statement provided by the 472 department on or before the date that marks one year after the 473 date the department approved the initial registration statement 474 as provided in this section. The department shall annually 475 provide a renewal statement to each registrant by mail or by 476 electronic mail at least 3060days before the renewal date. 477 (2) The initial registration statement must be submitted on 478 a form prescribed by the department, signedunder oathby an 479 authorized officialthe treasurer or chief fiscal officerof the 480 charitable organization or sponsor who shall certify that the 481 registration statement is true and correct, and include the 482 following information or material: 483 (a) A copy of the financial report or Internal Revenue 484 Service Form 990 and all attached schedules,Schedule Aor 485 Internal Revenue Service Form 990-EZ and Schedule O, required 486 under s. 496.407 for the immediately preceding fiscal year. A 487 newly organized charitable organization or sponsor with no 488 financial history must file a budget for the current fiscal 489 year. 490 (b) The name of the charitable organization or sponsor, the 491 purpose for which it is organized, the name under which it 492 intends to solicit contributions, and the purpose or purposes 493 for which the contributions to be solicited will be used. 494 (c) The name of the individuals or officers who are in 495 charge ofanysolicitation activities. 496 (d) A statement of whether: 497 1. The charitable organization or sponsor is authorized by 498 anotherany otherstate to solicit contributions; 499 2. The charitable organization or sponsor or any of its 500 officers, directors, trustees, or principal salaried executive 501 personnel have been enjoined in any jurisdiction from soliciting 502 contributions or have been found to have engaged in unlawful 503 practices in the solicitation of contributions or administration 504 of charitable assets; 505 3. The charitable organization or sponsor has had its 506 registration or authority denied, suspended, or revoked by aany507 governmental agency, together with the reasons for such denial, 508 suspension, or revocation; and 509 4. The charitable organization or sponsor has voluntarily 510 entered into an assurance of voluntary compliance in any 511 jurisdiction or agreement similar to that set forth in s. 512 496.420, together with a copy of thethatagreement. 513 5. The charitable organization or sponsor or any of its 514 officers, directors, trustees, or employees, regardless of 515 adjudication, has been convicted of, or found guilty of, or pled 516 guilty or nolo contendere to, or has been incarcerated within 517 the last 10 years as a result of having previously been 518 convicted of, or found guilty of, or pled guilty or nolo 519 contendere to:,520 a. AAnyfelonyor any crime involving fraud, theft,521larceny, embezzlement, fraudulent conversion, misappropriation522of property, or any crime arising from the conduct of a523solicitation for a charitable organization or sponsorwithin the 524 last 10 years and, if so, the name of such person, the nature of 525 the offense, the date of the offense, the court having 526 jurisdiction in the case, the date of conviction or other 527 disposition, and the disposition of the offense. 528 b. A crime involving fraud, theft, larceny, embezzlement, 529 fraudulent conversion, misappropriation of property, or a crime 530 enumerated in this section or resulting from acts committed 531 while involved in the solicitation of contributions within the 532 last 10 years and, if so, the name of such person, the nature of 533 the offense, the date of the offense, the court having 534 jurisdiction in the case, the date of conviction or other 535 disposition, and the disposition of the offense. 536 6. The charitable organization or sponsor or any of its 537 officers, directors, trustees, or employees has been enjoined 538 from violating aanylaw relating to a charitable solicitation, 539 and, if so, the name of such person, the date of the injunction, 540 and the court issuing the injunction. 541 (e) The names, street addresses, and telephone numbers of a 542anyprofessional solicitor, professional fundraising consultant, 543 and commercial co-venturer who is acting or has agreed to act on 544 behalf of the charitable organization or sponsor, together with 545 a statement setting forth the specific terms of the arrangements 546 for salaries, bonuses, commissions, expenses, or other 547 remunerations to be paid the fundraising consultant and 548 professional solicitor. 549 (f) With initial registration only, a statement showing 550 when and where the organization was established and the tax 551 exempt status of the organization together with a copy of the 552anyfederal tax exemption determination letter. If the 553 charitable organization or sponsor has not received a federal 554 tax exemption determination letter at the time of initial 555 registration, a copy of such determination must be filed with 556 the department within 30 days after receipt of the determination 557 by the charitable organization or sponsor. If the organization 558 is subsequently notified by the Internal Revenue Service of a 559anychallenge to its continued entitlement to federal tax 560 exemption, the charitable organization or sponsor shall notify 561 the department of this fact within 30 days after receipt. 562 (g) The following information must be filed with the 563 initial registration statement and must be updated when aany564 change occurs in the information that was previously filed with 565 the initial registration statement: 566 1. The principal street address and telephone number of the 567 organization and the street address and telephone numbers ofany568 offices in this state or, if the charitable organization or 569 sponsor does not maintain an office in this state, the name, 570 street address, and telephone number of the person whothathas 571 custody of its financial records. The parent organization that 572 files a consolidated registration statement on behalf of its 573 chapters, branches, or affiliates must additionally provide the 574 street addresses and telephone numbers of all such locations in 575 this state. 576 2. The names and street addresses of the officers, 577 directors, trustees, and the principal salaried executive 578 personnel. 579 3. The date when the charitable organization’s or sponsor’s 580 fiscal year ends. 581 4. A list or description of the major program activities. 582 5. The names, street addresses, and telephone numbers of 583 the individuals or officers who have final responsibility for 584 the custody of the contributions and who will be responsible for 585 the final distribution of the contributions. 586 (7) The department must examine each initial registration 587 statement or annual renewal statement and the supporting 588 documents filed by a charitable organization or sponsor and 589 shall determine whether the registration requirements are 590 satisfied. Within 2010working days after its receipt of a 591 statement, the department must examine the statement, notify the 592 applicant ofanyapparent errors or omissions, and requestany593 additional information the department is allowed by law to 594 require. Failure to correct an error or omission or to supply 595 additional information is not grounds for denial of the initial 596 registration or annual renewal statement unless the department 597 has notified the applicant within the 2010-working-day period. 598 The department must approve or deny each statement, or must 599 notify the applicant that the activity for which she or he seeks 600 registration is exempt from the registration requirement, within 601 2010working days after receipt of the initial registration or 602 annual renewal statement or the requested additional information 603 or correction of errors or omissions. AAnystatement that is 604 not approved or denied within 2010working days after receipt 605 of the requested additional information or correction of errors 606 or omissions is approved. Within 7 working days after receipt of 607 a notification that the registration requirements are not 608 satisfied, the charitable organization or sponsor may request a 609 hearing. The hearing must be held within 7 working days after 610 receipt of the request, and theanyrecommended order, if one is 611 issued, must be rendered within 3 working days of the hearing. 612 The final order must then be issued within 2 working days after 613 the recommended order. If a recommended order is not issued, the 614 final order must be issued within 5 working days after the 615 hearing. The proceedings must be conducted in accordance with 616 chapter 120, except that the time limits and provisions set 617 forth in this subsection prevail to the extent of any conflict. 618 Section 10. Section 496.406, Florida Statutes, is amended 619 to read: 620 496.406 Exemption from registration.—The following621charitable organizations and sponsors are exempt from the622requirements of s.496.405:623 (1) The following charitable organizations and sponsors are 624 exempt from the requirements of s. 496.405: 625 (a) A person who is soliciting for a named individual, 626 provided that all the contributions collected withoutany627 deductionswhatsoeverare turned over to the beneficiary for her 628 or his use and provided that the person has complied with the 629 requirements of s. 496.413. 630 (b)(2)A charitable organization or sponsor thatwhich631 limits solicitation of contributions to the membership of the 632 charitable organization or sponsor. For the purposes of this 633 paragraph, the term “membership” does not include those persons 634 who are granted a membership upon making a contribution as a 635 result of a solicitation. 636 (c)(3)AAnydivision, department, post, or chapter of a 637 veterans’ service organization granted a federal charter under 638 Title 36, United States Code. 639 (d) Charitable organizations or sponsors that have less 640 than $25,000 in total revenue during a fiscal year, if the 641 fundraising activities of such organization or sponsor are 642 carried on by volunteers, members, or officers who are not 643 compensated and if no part of the assets or income of such 644 organization or sponsor inures to the benefit of or is paid to 645 an officer or member of such organization, sponsor, professional 646 fundraising consultant, professional solicitor, or commercial 647 co-venturer. If a charitable organization or sponsor that has 648 less than $25,000 in total revenue during a fiscal year acquires 649 total revenue in excess of that amount, the charitable 650 organization or sponsor must register with the department as 651 required by s. 496.405 within 30 days after the date the revenue 652 reaches $25,000. 653 (2) Before soliciting contributions, each charitable 654 organization or sponsor under paragraph (1)(d) claiming to be 655 exempt from the registration requirements specified in s. 656 496.405 shall submit annually to the department, on forms 657 prescribed by the department: 658 (a) The name, address, and phone number of the charitable 659 organization or sponsor, the name under which it intends to 660 solicit contributions, the purpose for which it is organized, 661 and the purpose or purposes for which the solicited 662 contributions will be used. 663 (b) The tax exempt status of the organization. 664 (c) The date the organization’s fiscal year ends. 665 (d) The names, street addresses, and telephone numbers of 666 the individuals or officers who have final responsibility for 667 the custody of the contributions and who will be responsible for 668 the final distribution of the contributions. 669 (e) A financial statement of support, revenue, and expenses 670 and a statement of functional expenses which must include, but 671 need not be limited to, expenses in the following categories: 672 program, management and general, and fundraising. In lieu of the 673 financial statement, a charitable organization or sponsor may 674 submit a copy of its Internal Revenue Service Form 990 with 675 attached schedules or 990-EZ with Schedule O. 676 (3) A charitable organization or sponsor claiming to be 677 exempt from the registration requirements of this chapter shall 678 submit such information that the department may request to 679 substantiate an exemption under this section. A charitable 680 organization or sponsor that fails to submit evidence 681 satisfactory to the department is not exempt from the 682 requirements of this chapter. In any proceeding, the burden of 683 proving an exemption is upon the organization or sponsor 684 claiming the exemption. 685 (4) Exemption from the registration requirements of s. 686 496.405 does not limit the applicability of other provisions of 687 this section to a charitable organization or sponsor. 688 Section 11. Subsection (2) of section 496.407, Florida 689 Statutes, is amended to read: 690 496.407 Financial report.— 691 (2) In lieu of the financial report described in subsection 692 (1), a charitable organization or sponsor may submit a copy of 693 its Internal Revenue Service Form 990 and all attached schedules 694Schedule Afiled for the preceding fiscal year, or a copy of its 695 Form 990-EZ and Schedule O filed for the preceding fiscal year. 696 Section 12. Subsections (2), (3), and (6) of section 697 496.409, Florida Statutes, are amended to read: 698 496.409 Registration and duties of professional fundraising 699 consultant.— 700 (2) Applications for registration or renewal of 701 registration must be submitted on a form prescribed by the 702 department, signed by an authorized official of the professional 703 fundraising consultant who shall certify that the report is true 704 and correctunder oath, and must include the following 705 information: 706 (a) The street address and telephone number of the 707 principal place of business of the applicant and aanyFlorida 708 street addresses if the principal place of business is located 709 outside this state. 710 (b) The form of the applicant’s business. 711 (c) The names and residence addresses of all principals of 712 the applicant, including all officers, directors, and owners. 713 (d) Whether any of the owners, directors, officers, or 714 employees of the applicant are related as parent, child, spouse, 715 or sibling toanyother directors, officers, owners, or 716 employees of the applicant; to ananyofficer, director, 717 trustee, or employee of aanycharitable organization or sponsor 718 under contract to the applicant; or to aanysupplier or vendor 719 providing goods or services to aanycharitable organization or 720 sponsor under contract to the applicant. 721 (e) Whether the applicant or any of its officers, 722 directors, trustees, or employees have, within the last 10 723 years, regardless of adjudication, been convicted, or found 724 guilty of, or pled guilty or nolo contendere to, or have been 725 incarcerated within the last 10 years as a result of having 726 previously been convicted of, or found guilty of, or pled guilty 727 or nolo contendere to, aanyfelony and, if so, the name of such 728 person, the nature of the offense, the date of the offense, the 729 court having jurisdiction in the case, the date of conviction or 730 other disposition, and the disposition of the offense. 731 (f) Whether the applicant or any of its officers, 732 directors, trustees, or employees have, regardless of 733 adjudication, been convicted of, or found guilty of, or pled 734 guilty or nolo contendere to, or have been incarcerated within 735 the last 10 years as a result of having previously been 736 convicted of, or found guilty of, or pled guilty or nolo 737 contendere to, a crime within the last 10 years involving fraud, 738 theft, larceny, embezzlement, fraudulent conversion, or 739 misappropriation of property, or aanycrime arising from the 740 conduct of a solicitation for a charitable organization or 741 sponsor and, if so, the name of such person, the nature of the 742 offense, the date of the offense, the court having jurisdiction 743 in the case, the date of conviction or other disposition, and 744 the disposition of the offense. 745 (g) Whether the applicant or any of its officers, 746 directors, trustees, or employees have been enjoined from 747 violating aanylaw relating to a charitable solicitation and, 748 if so, the name of such person, the date of the injunction, and 749 the court issuing the injunction. 750 (3) The application for registration must be accompanied by 751 a fee of $300. A professional fundraising consultant thatwhich752 is a partnership or corporation may register for and pay a 753 single fee on behalf of all of its partners, members, officers, 754 directors, agents, and employees. In that case, the names and 755 street addresses of all the officers, employees, and agents of 756 the fundraising consultant and all other persons with whom the 757 fundraising consultant has contracted to work under its 758 direction must be listed in the application. Each registration 759 is valid for 1 yearor a part of 1 year and expires on March 31760of each year. The registration may be renewedon or before March76131 of each yearfor additional 1-year periods upon application 762 to the department and payment of the registration fee. 763 (6) The department shall examine each registration 764 statement and supporting documents filed by a professional 765 fundraising consultant and determine whether the registration 766 requirements are satisfied. If the department determines that 767 the registration requirements are not satisfied, the department 768 must notify the professional fundraising consultant within 2010769 working days after its receipt of the registration statement; 770 otherwise the registration statement is approved. Within 7 771 working days after receipt of a notification that the 772 registration requirements are not satisfied, the applicant may 773 request a hearing. The hearing must be held within 7 working 774 days after receipt of the request, and theanyrecommended 775 order, if one is issued, must be rendered within 3 working days 776 after the hearing. The final order must then be issued within 2 777 working days after the recommended order. If there is no 778 recommended order, the final order must be issued within 5 779 working days after the hearing. The proceedings must be 780 conducted in accordance with chapter 120, except that the time 781 limits and provisions set forth in this subsection prevail to 782 the extent of any conflict. 783 Section 13. Subsections (2), (3), (5), and (8) of section 784 496.410, Florida Statutes, are amended to read: 785 496.410 Registration and duties of professional 786 solicitors.— 787 (2) Applications for registration or renewal of 788 registration must be submitted on a form prescribed by rule of 789 the department, signed by an authorized official of the 790 professional solicitor who shall certify that the report is true 791 and correctunder oath, and must include the following 792 information: 793 (a) The street address and telephone number of the 794 principal place of business of the applicant and aanyFlorida 795 street addresses if the principal place of business is located 796 outside this state. 797 (b) The form of the applicant’s business. 798 (c) The place and date when the applicant, if other than an 799 individual, was legally established. 800 (d) The names and residence addresses of all principals of 801 the applicant, including all officers, directors, and owners. 802 (e) A statement as to whether any of the owners, directors, 803 officers, or employees of the applicant are related as parent, 804 spouse, child, or sibling toanyother directors, officers, 805 owners, or employees of the applicant; to ananyofficer, 806 director, trustee, or employee of aanycharitable organization 807 or sponsor under contract to the applicant; or to aanysupplier 808 or vendor providing goods or services to aanycharitable 809 organization or sponsor under contract to the applicant. 810 (f) A statement as to whether the applicant or any of its 811 directors, officers, trustees, persons with a controlling 812 interest in the applicant, or employees or agents involved in 813 solicitation have, within the last 10 years, regardless of 814 adjudication, been convicted of, or found guilty of, or pled 815 guilty or nolo contendere to, or have been incarcerated within 816 the last 10 years as a result of having previously been 817 convicted of, or found guilty of, or pled guilty or nolo 818 contendere to, aanyfelony and, if so, the name of such person, 819 the nature of the offense, the date of the offense, the court 820 having jurisdiction in the case, the date of conviction or other 821 disposition, and the disposition of the offense. 822 (g) A statement as to whether the applicant or any of its 823 directors, officers, trustees, persons with a controlling 824 interest in the applicant, or employees or agents involved in 825 solicitation have, regardless of adjudication, been convicted 826 of, or found guilty of, or pled guilty or nolo contendere to, or 827 have been incarcerated within the last 10 years as a result of 828 having previously been convicted of, or found guilty of, or pled 829 guilty or nolo contendere to, a crime within the last 10 years 830 involving fraud, theft, larceny, embezzlement, fraudulent 831 conversion, or misappropriation of property, or aanycrime 832 arising from the conduct of a solicitation for a charitable 833 organization or sponsor and, if so, the name of such person, the 834 nature of the offense, the date of the offense, the court having 835 jurisdiction in the case, the date of conviction or other 836 disposition, and the disposition of the offense. 837 (h) A statement as to whether the applicant or any of its 838 directors, officers, trustees, persons with a controlling 839 interest in the applicant, or employees or agents involved in 840 solicitation have been enjoined from violating aanylaw 841 relating to a charitable solicitation and, if so, the name of 842 such person, the date of the injunction, and the court issuing 843 the injunction. 844 (i) The names of all persons in charge ofanysolicitation 845 activity. 846 (3) The application for registration must be accompanied by 847 a fee of $300. A professional solicitor that is a partnership or 848 corporation may register for and pay a single fee on behalf of 849 all of its partners, members, officers, directors, agents, and 850 employees. In that case, the names and street addresses of all 851 the officers, employees, and agents of the professional 852 solicitor and all other persons with whom the professional 853 solicitor has contracted to work under its direction, including 854 solicitors, must be listed in the application or furnished to 855 the department within 5 days after the date of employment or 856 contractual arrangement. Each registration is valid for 1 year 857or a part of 1 year and expires on March 31 of each year. The 858 registration may be renewedon or before March 31 of each year859 for an additional 1-year period upon application to the 860 department and payment of the registration fee. 861 (5) The department must examine each registration statement 862 and supporting documents filed by a professional solicitor. If 863 the department determines that the registration requirements are 864 not satisfied, the department must notify the professional 865 solicitor within 2010working days after its receipt of the 866 registration statement; otherwise the registration statement is 867 approved. Within 7 working days after receipt of a notification 868 that the registration requirements are not satisfied, the 869 applicant may request a hearing. The hearing must be held within 870 7 working days after receipt of the request, and theany871 recommended order, if one is issued, must be rendered within 3 872 working days after the hearing. The final order must then be 873 issued within 2 working days after the recommended order. If 874 there is no recommended order, the final order must be issued 875 within 5 working days after the hearing. The proceedings must be 876 conducted in accordance with chapter 120, except that the time 877 limits and provisions set forth in this subsection prevail to 878 the extent of any conflict. 879 (8) Within 4590days after a solicitation campaign has 880 been completed and within 45 days afteronthe anniversary of 881 the commencement of a solicitation campaign lasting more than 1 882 year, the professional solicitor must provide to the charitable 883 organization or sponsor and file with the department a financial 884 report of the campaign, including the gross revenue received and 885 an itemization of all expenses incurred. The report must be 886 completed on a form prescribed by the department and signed by 887 an authorized official of the professional solicitor who shall 888 certifyunder oaththat the report is true and correct. 889 Section 14. Subsections (3) and (6) of section 496.411, 890 Florida Statutes, are amended to read: 891 496.411 Disclosure requirements and duties of charitable 892 organizations and sponsors.— 893 (3) Every charitable organization or sponsor thatwhichis 894 required to register under s. 496.405 must conspicuously display 895in capital letters the following statementon every printed 896 solicitation, written confirmation, receipt, or reminder of a 897 contribution: 898 (a) Its registration number; and 899 (b) The following statement written in capital letters 900 which must include a toll-free telephone number for the division 901 which can be used to obtain the registration information: 902 903 “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL 904 INFORMATION MAY BE OBTAINED FROM THE DIVISION OF 905 CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE 906 STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, 907 APPROVAL, OR RECOMMENDATION BY THE STATE.” 908 909 IfThe statement must include a toll-free number for the910division that can be used to obtain the registration911information. Whenthe solicitation consists of more than a 912 single itemone piece, the registration number and statement 913 must be displayed prominently in the solicitation materials. 914(6) Each charitable organization or sponsor that is915required to register under s.496.405shall conspicuously916display the following information on every printed solicitation,917written confirmation, receipt, or reminder of a contribution:918(a) The organization’s or sponsor’s registration number919issued by the department under this chapter.920(b) The percentage, if any, of each contribution that is921retained by any professional solicitor that has contracted with922the organization or sponsor.923(c) The percentage of each contribution that is received by924the organization or sponsor.925 926If the solicitation consists of more than a single item, the927statement shall be displayed prominently in the solicitation928materials.929 Section 15. Subsection (2) of section 496.415, Florida 930 Statutes, is amended to read: 931 496.415 Prohibited acts.—It is unlawful for any person in 932 connection with the planning, conduct, or execution of any 933 solicitation or charitable or sponsor sales promotion to: 934 (2) Knowingly file false,ormisleading, or inaccurate 935 information in aanydocumentrequired to befiled with the 936 department, provided to the public, or in response to aany937 request or investigation by the department, the Department of 938 Legal Affairs, or the State Attorney. 939 Section 16. Present subsections (4) through (9) of section 940 496.419, Florida Statutes, are redesignated as subsections (5) 941 through (10), respectively, a new subsection (4) is added to 942 that section, and present subsections (4) through (9) are 943 amended, to read: 944 496.419 Powers of the department.— 945 (4) A violation of s. 496.415(3), (5), (6), (10), (12), 946 (13), or (14) constitutes an immediate threat to the public 947 health, safety, and welfare and is sufficient grounds for the 948 department to issue an immediate order to cease and desist all 949 solicitation activities. The order acts as an immediate final 950 order under s. 120.569(2)(n) and shall remain in effect until 951 the violation has been remedied pursuant to this part. 952 (5)(4)The department may enter an order imposing one or 953 more of the penalties set forth in subsection (6)(5)if the 954 department finds that a charitable organization, sponsor, 955 professional fundraising consultant, or professional solicitor, 956 or an agent, servant, or employee thereof has: 957 (a) Violated or is operating in violation ofany of the958provisions ofss. 496.401-496.424 or s. 496.426 or of the rules 959 adopted or orders issued thereunder; 960 (b) Made a material false statement in an application, 961 statement, or report required to be filed under ss. 496.401 962 496.424 or s. 496.426; 963 (c) Refused or failed, or any of its principal officers has 964 refused or failed, after notice, to produce theanyrecords of 965 such organization or to discloseanyinformation required to be 966 disclosed under ss. 496.401-496.424 or s. 496.426 or the rules 967 of the department; or 968 (d) Made a material false statement in response to aany969 request or investigation by the department, the Department of 970 Legal Affairs, or the State Attorney. 971 (6)(5)Upon a finding as set forth in subsection (5)(4), 972 the department may enter an order doing one or more of the 973 following: 974 (a) Issuing a notice of noncompliance pursuant to s. 975 120.695; 976 (b) Issuing a cease and desist order that directs that the 977 person cease and desist specified fundraising activities; 978 (c) Refusing to register or canceling or suspending a 979 registration; 980 (d) Placing the registrant on probation for a period of 981 time, subject to such conditions as the department may specify; 982 (e) Canceling an exemption granted under s. 496.406; and 983 (f) Imposing an administrative fine not to exceed $1,000 984 for each act or omission thatwhichconstitutes a violation of 985 ss. 496.401-496.424 or s. 496.426 or a rule or order. 986 987 With respect to a s. 501(c)(3) organization, the penalty imposed 988 pursuant to this subsection mayshallnot exceed $500 per 989 violation. The penalty isshall bethe entire amount per 990 violation and mayisnottobe interpreted as a daily penalty. 991 (7)(6)Except as otherwise provided in this section, the 992 administrative proceedings that could result in the entry of an 993 order imposingany ofthe penalties specified in subsection (6) 994(5)are governed by chapter 120, except that the applicable 995 provisions and time limits specified in s. 496.405(7), s. 996 496.409(6), or s. 496.410(5) apply if the department determines 997 that a registration should be refused. 998 (8)(7)The department may forward an investigative report 999 and supporting documentation of ananyinvestigation conducted 1000 pursuant to this section to the Department of Legal Affairs. The 1001 report must identify proposedanyadministrative actions or 1002 actions thatare proposed orhave been commenced by the 1003 department in accordance with subsection (5)(4). 1004 (9)(8)The department shall report aanysubstantiated 1005 criminal violation of ss. 496.401-496.424 or s. 496.426 to the 1006 proper prosecuting authority for prompt prosecution. 1007 (10)(9)All fines collected by the department under 1008 subsection (6)(5)must be paid into the General Inspection 1009 Trust Fund. 1010 Section 17. Subsections (1), (2), and (4) of section 1011 501.016, Florida Statutes, are amended to read: 1012 501.016 Health studios; security requirements.—Each health 1013 studio that sells contracts for health studio services shall 1014 meet the following requirements: 1015 (1) Each health studio shall maintain for each separate 1016 business location a bond issued by a surety company admitted to 1017 do business in this state. The principal sum of the bond must be 1018 $25,000shall be$50,000, and the bond, when required, shall be 1019 obtained before a business tax receipt may be issued under 1020 chapter 205. Upon issuance of a business tax receipt, the 1021 licensing authority shall immediately notify the department of 1022 such issuance in a manner established by the department by rule. 1023 The bond shall be in favor of the state for the benefit of any 1024 person injured as a result of a violation of ss. 501.012 1025 501.019. The aggregate liability of the surety to all persons 1026 for all breaches of the conditions of suchthebonds may not 1027provided herein shall in no eventexceed the amount of the bond. 1028 The original surety bond required by this section shall be filed 1029 with the department. 1030 (2) In lieu of maintaining the bond required in subsection 1031 (1), the health studio may furnish to the department: 1032 (a) An irrevocable letter of credit from aanyforeign or 1033 domestic bank in the amount of $25,000$50,000; or 1034 (b) A guaranty agreement thatwhichis secured by a 1035 certificate of deposit in the amount of $25,000$50,000. 1036 1037 The original letter of credit or certificate of deposit 1038 submitted in lieu of the bond shall be filed with the 1039 department. The department shall determinedecidewhether the 1040 security furnished in lieu of bond by the health studio is in 1041 compliance with the requirements of this section. 1042 (4) If the health studio furnishes the department with 1043 evidence satisfactory to the department that the aggregate 1044 dollar amount of all current outstanding contracts of the health 1045 studio is less than $5,000, the department may, at its 1046 discretion, reduce the principal amount of the surety bond or 1047 other sufficient financial responsibility required in 1048 subsections (1) and (2) to a sum of not less than $10,000. 1049 However, the health studio shall notify the departmentatany 1050 time the aggregate dollar amount of such contracts exceeds 1051 $5,000, the health studio shall so notify the departmentand 1052 shall thereupon provide the bond or other documentation as 1053 required in subsections (1) and (2). Health studios whose bonds 1054 have been reduced must provide the department with an annually 1055 updated list of members. The department shall raise the security 1056 requirement to $25,000 for a health studio that failsFailureto 1057 file an annual reportwill result in the department raising the1058security requirement to$50,000. 1059 Section 18. Subsection (4) of section 501.059, Florida 1060 Statutes, is amended to read: 1061 501.059 Telephone solicitation.— 1062 (4)(a) ANotelephone solicitor may notshallmake or cause 1063 to be made any unsolicited telephonic sales call to aany1064 residential, mobile, or telephonic paging device telephone 1065 number if the number for that telephone appears in the then 1066 current quarterly listing published by the department. AAny1067 telephone solicitor or person who offers for saleanyconsumer 1068 information thatwhichincludes residential, mobile, or 1069 telephonic paging device telephone numbers, except directory 1070 assistance and telephone directories sold by telephone companies 1071 and organizations exempt under s. 501(c)(3) or (6) of the 1072 Internal Revenue Code, shall screen and exclude those numbers 1073 thatwhichappear on the division’s then-current “no sales 1074 solicitation calls” list. This subsection does not apply to a 1075anyperson licensed pursuant to chapter 475 who calls an actual 1076 or prospective seller or lessor of real property when such call 1077 is made in response to a yard sign or other form of 1078 advertisement placed by the seller or lessor. 1079 (b) A person is in violation of this subsection if the 1080 person initiates an outbound telephonic sales call to a consumer 1081 who has previously communicated to the telephone solicitor that 1082 he or she does not wish to receive an outbound telephone call: 1083 1. Made by or on behalf of the seller whose goods or 1084 services are being offered; or 1085 2. Made by or on behalf of a charitable organization for 1086 which a charitable contribution is being solicited. 1087 Section 19. Subsections (1) and (2) of section 501.603, 1088 Florida Statutes, are amended to read: 1089 501.603 Definitions.—As used in this part, unless the 1090 context otherwise requires, the term: 1091 (1) “Commercial telephone solicitation” means: 1092 (a) An unsolicited telephone call to a person initiated by 1093 a commercial telephone seller or salesperson, or an automated 1094 dialing machine used in accordance with the provisions of s. 1095 501.059(7) for the purpose of inducing the person to purchase or 1096 invest in consumer goods or services; 1097 (b) Other communication with a person where: 1098 1. A gift, award, or prize is offered; or 1099 2. A telephone call response is invited; and 1100 3. The salesperson intends to complete a sale or enter into 1101 an agreement to purchase or invest in consumer goods or services 1102 during the course of the telephone call; or 1103 (c) Other communication with a person which represents a 1104 price, quality, or availability of consumer goods or services 1105 and which invites a response by telephone or which is followed 1106 by a call to the person by a salesperson. 1107 1108 For purposes of this section, “other communication” means a 1109 written or oral notification or advertisement transmitted 1110 through any means. Also, for purposes of this section, “invites 1111 a response by telephone” does not mean the mere listing or 1112 including of a telephone number in a notification or 1113 advertisement. 1114 (2) “Commercial telephone seller” means aanyperson who 1115 engages in commercial telephone solicitation on his or her own 1116 behalf or through salespersons, except that a commercial 1117 telephone seller does not includeany of thepersons or entities 1118 operating under a properly filed and valid affidavit of 1119 exemption pursuant toexempted from this part bys. 501.604. A 1120 commercial telephone seller does not include a salesperson as 1121 defined in subsection (10). A commercial telephone seller 1122 includes, but is not limited to, owners, operators, officers, 1123 directors, partners, or other individuals engaged in the 1124 management activities of a business entity pursuant to this 1125 part. 1126 Section 20. Subsections (4), (7), (10), (14), and (24) of 1127 section 501.604, Florida Statutes, are amended to read: 1128 501.604 Exemptions.—The provisions of this part, except ss. 1129 501.608 and 501.616(6) and (7), do not apply to: 1130 (4) AAnylicensed securities, commodities, or investment 1131 broker, dealer, or investment adviser, when soliciting within 1132 the scope of his or her license, or aanylicensed associated 1133 person of a securities, commodities, or investment broker, 1134 dealer, or investment adviser, when soliciting within the scope 1135 of his or her license. As used in this section, “licensed 1136 securities, commodities, or investment broker, dealer, or 1137 investment adviser” means a person subject to license or 1138 registration as such by the Securities and Exchange Commission, 1139 by the Financial Industry Regulatory AuthorityNational1140Association of Securities Dealersor other self-regulatory 1141 organization as defined by the Securities Exchange Act of 1934, 1142 15 U.S.C. s. 78l, or by an official or agency of this or another 1143 stateor of any stateof the United States. As used in this 1144 section, “licensed associated person of a securities, 1145 commodities, or investment broker, dealer, or investment 1146 adviser” means ananyassociated person registered or licensed 1147 by the Financial Industry Regulatory AuthorityNational1148Association of Securities Dealersor other self-regulatory 1149 organization as defined by the Securities Exchange Act of 1934, 1150 15 U.S.C. s. 78l, or by an official or agency of this or another 1151 stateor ofanystateof the United States. 1152 (7) AAnysupervised financial institution or parent, 1153 subsidiary, or affiliate thereof operating within the scope of 1154 the supervised activity. As used in this section, “supervised 1155 financial institution” means aanycommercial bank, trust 1156 company, savings and loan association, mutual savings bank, 1157 credit union, industrial loan company, consumer finance lender, 1158 commercial finance lender, or insurer, provided that the 1159 institution is subject to supervision by an official or agency 1160 of this state, of any state, or of the United States. For the 1161 purposes of this exemption, “affiliate” means a person who 1162 directly, or indirectly through one or more intermediaries, 1163 controls or is controlled by, or is under common control with, a 1164 supervised financial institution. 1165 (10) A business-to-business sale where: 1166 (a) The commercial telephone seller has been lawfully 1167 operating continuously for at least 3 years under the same 1168 business name and has at least 50 percent of its dollar volume 1169 consisting of repeat sales to existing businesses; 1170 (b) The purchaser business intends to resell or offer for 1171 purposes of advertisement or as a promotional item the property 1172 or goods purchased; or 1173 (c) The purchaser business intends to use the property or 1174 goods purchased in a recycling, reuse, remanufacturing, or 1175 manufacturing process. 1176 (14) A telephone company subject to the provisions of 1177 chapter 364, or affiliate thereof or its agents, or a 1178 telecommunications business thatwhichis regulated by the 1179 Florida Public Service Commission, or a Federal Communications 1180 Commission licensed cellular telephone company or other bona 1181 fide radio telecommunication services provider. For the purposes 1182 of this exemption, “affiliate” means a person who directly, or 1183 indirectly through one or more intermediaries, controls or is 1184 controlled by, or is under common control with, a telephone 1185 company subject to the provisions of chapter 364. 1186 (24) An entity thatAny person whichhas been lawfully 1187 providing telemarketing sales services continuously for at least 1188 5 years under the same ownership and control and thatwhich1189 derives 75 percent of its gross telemarketing sales revenues 1190 from contracts with persons exempted in this section. 1191 Section 21. Present paragraphs (c) through (h) of 1192 subsection (1) of section 501.607, Florida Statutes, are 1193 redesignated as paragraphs (b) through (g), respectively, and 1194 present paragraph (b) of subsection (1) of that section is 1195 amended, to read: 1196 501.607 Licensure of salespersons.— 1197 (1) An applicant for a license as a salesperson must submit 1198 to the department, in such form as it prescribes, a written 1199 application for a license. The application must set forth the 1200 following information: 1201(b) Each business or occupation engaged in by the applicant1202during the 3 years immediately preceding the date of the1203application, and the location thereof.1204 Section 22. Paragraph (b) of subsection (1) and subsections 1205 (2) and (3) of section 501.608, Florida Statutes, are amended to 1206 read: 1207 501.608 License or affidavit of exemption; occupational 1208 license.— 1209 (1) 1210 (b) AAnycommercial telephone seller that claimsclaiming1211 to be exempt from the act under s. 501.604(2), (3), (5), (6), 1212 (9), (10), (11), (12), (17), (21), (22), (24), or (26) must file 1213 with the department a notarized affidavit of exemption. The 1214 affidavit of exemption must be on forms prescribed by the 1215 department and must require the name of the commercial telephone 1216 seller, the name of the business, and the business address. A 1217Anycommercial telephone seller that maintainsmaintainingmore 1218 than one business may file a single notarized affidavit of 1219 exemption that clearly indicates the location of each place of 1220 business. If a change of ownership occurs, the commercial 1221 telephone seller must notify the department. At the request of 1222 the department, the commercial telephone seller shall provide 1223 sales scripts, contracts, and other documentation in order to 1224 determine if the affidavit of exemption is appropriate before 1225 accepting such affidavit for filing. 1226 (2) Each licensee or person operating under a valid and 1227 appropriately filed exemptionclaiming an exemptionshall 1228 prominently display his or her license or a copy of his or her 1229 receipt of filing of the affidavit of exemption at each location 1230 where he or she does business. Each licensee or person claiming 1231 an exemption shall make the license or the receipt of filing 1232copyof the affidavit of exemption available for inspection upon 1233 request by aby anygovernmental agencyupon request. 1234 (3) Failure to obtain or display a license ora copy ofthe 1235 receipt of filing of an affidavit of exemption is sufficient 1236 grounds for the department to issue an immediate cease and 1237 desist order, which actsshall actas an immediate final order 1238 under s. 120.569(2)(n). The order shallmayremain in effect 1239 until the commercial telephone seller or a person claiming to be 1240 exempt shows the authorities that he or she is properly licensed 1241 or exempt. The department may order the business to cease 1242 operations and shall order the phones to be shut off. Failure of 1243 a salesperson to display a license may result in the salesperson 1244 being summarily ordered by the department to leave the office 1245 until he or she can produce a license for the department. 1246 Section 23. Subsection (3) of section 501.611, Florida 1247 Statutes, is amended to read: 1248 501.611 Security.— 1249 (3) The bond shall be posted with the department and must 1250 remain in force throughout the period of licensure with the 1251 department. 1252 Section 24. Subsection (12) of section 501.615, Florida 1253 Statutes, is amended to read: 1254 501.615 Written contract; cancellation; refund.— 1255 (12) A sale in which the consumer is given a full refund 1256 for the return of undamaged and unused goods or in which a 1257 cancellation of services notice is given to the seller within 7 1258 days after the date of the sale is exempt from the requirements 1259 of subsections (1)-(5). A commercial telephone seller or 1260 salesperson engaged in activity regulated by chapter 721 must 1261 comply with s. 721.205Exempt from the requirements of1262subsections (1)-(5)is any sale in which the consumer is given a1263full refund for the return of undamaged and unused goods or a1264cancellation of services notice is given to the seller,within 71265days afterreceipt of the goods or services by the consumer, and1266the seller shall process the refund within 30 days after receipt1267of the returned merchandise by the consumer. 1268 Section 25. Subsection (1) of section 501.617, Florida 1269 Statutes, is amended to read: 1270 501.617 Investigative powers of enforcing authority.— 1271 (1) If, by her or his own inquiries or as a result of 1272 complaints, the enforcing authority has reason to believe that a 1273 person has engaged in, or is engaging in, an act or practice 1274 that violates the provisions of this part, she or he may 1275 administer oaths and affirmations, subpoena witnesses or matter, 1276 conduct regulatory inspections, and collect evidence. Within 10 1277 days after the service of a subpoena or at any time before the 1278 return date specified therein, whichever is longer, the party 1279 served may file in the circuit court in the county in which she 1280 or he resides or in which she or he transacts business and serve 1281 upon the enforcing authority a petition for an order modifying 1282 or setting aside the subpoena. The petitioner may raise anany1283 objection or privilege thatwhichwould be available under this 1284 part or upon service of such subpoena in a civil action. The 1285 subpoena mustshallinform the party served of her or his rights 1286 under this subsection. 1287 Section 26. Subsection (10) is added to section 507.03, 1288 Florida Statutes, to read: 1289 507.03 Registration.— 1290 (10) Upon the request of the department, each moving broker 1291 shall provide a complete list of the movers it has contracted or 1292 affiliated with, advertises on behalf of, arranges moves for, or 1293 to which it refers shippers. Such list, at a minimum, must 1294 include the mover’s complete name, address, telephone number, 1295 email address, and name of the owner or other principal. 1296 Section 27. Paragraph (b) of subsection (1) of section 1297 507.04, Florida Statutes, is amended to read: 1298 507.04 Required insurance coverages; liability limitations; 1299 valuation coverage.— 1300 (1) LIABILITY INSURANCE.— 1301 (b) A mover that operates two or fewer vehicles, in lieu of 1302 maintaining the liability insurance coverage required under 1303 paragraph (a), may, and each moving broker must,maintain one of 1304 the following alternative coverages: 1305 1. A performance bond in the amount of $25,000, for which 1306 the surety of the bond must be a surety company authorized to 1307 conduct business in this state; or 1308 2. A certificate of deposit in a Florida banking 1309 institution in the amount of $25,000. 1310 1311 The original bond or certificate of deposit must be filed with 1312 the department and must designate the department as the sole 1313 beneficiary. The department must use the bond or certificate of 1314 deposit exclusively for the payment of claims to consumers who 1315 are injured by the fraud, misrepresentation, breach of contract, 1316 misfeasance, malfeasance, or financial failure of the moveror1317moving brokeror by a violation of this chapter by the moveror1318broker. Liability for these injuries may be determined in an 1319 administrative proceeding of the department or through a civil 1320 action in a court of competent jurisdiction. However, claims 1321 against the bond or certificate of deposit mustonlybe paid, in 1322 amounts not to exceed the determined liability for these 1323 injuries, only by order of the department in an administrative 1324 proceeding. The bond or certificate of deposit is subject to 1325 successive claims, but the aggregate amount of these claims may 1326 not exceed the amount of the bond or certificate of deposit. 1327 Section 28. Subsections (7) and (8) are added to section 1328 507.07, Florida Statutes, to read: 1329 507.07 Violations.—It is a violation of this chapter to: 1330 (7) Conduct business as a moving broker, advertise to 1331 engage in the business of a moving broker, or offer to perform a 1332 move through a subcontract or agreement with a mover who is not 1333 registered with the department under this part. 1334 (8) Conduct business as a mover, advertise to engage in the 1335 business of moving, or offer to perform a move through a 1336 subcontract or agreement with a moving broker who is not 1337 registered with the department pursuant to the provisions on 1338 this part. 1339 Section 29. Paragraph (c) of subsection (1) of section 1340 525.01, Florida Statutes, is amended to read: 1341 525.01 Gasoline and oil to be inspected.— 1342 (1) For the purpose of this chapter: 1343 (c) “Alternative fuel” means: 1344 1. Methanol, denatured ethanol, or other alcohols; 1345 2. Mixtures of gasoline or other fuels with methanol, 1346 denatured ethanol, or other alcoholsMixtures containing 851347percent or more by volume of methanol, denatured ethanol, or1348other alcohols with gasoline or other fuels, or such other1349percentage, but not less than 70 percent, as determined by the1350department by rule, to provide for requirements relating to cold1351start, safety, or vehicle functions; 1352 3. Hydrogen; 1353 4. Coal-derived liquid fuels; and 1354 5. Fuels, other than alcohol, derived from biological 1355 materials. 1356 Section 30. Subsections (2) through (4) of section 525.09, 1357 Florida Statutes, are repealed. 1358 Section 31. Section 525.10, Florida Statutes, is amended to 1359 read: 1360 525.10Moneys to be paid into State Treasury;Payment of 1361 expenses.—All moneys payable under this chapter shall be payable1362to the department and shall be paid by it into the State1363Treasury monthly to be deposited into the General Inspection1364Trust Fund.All expenses incurred in the enforcement of this 1365 chapter and other inspection laws of this state for which fees 1366 or taxes are collected, including acquiring equipment and other 1367 property, shall be paid from the General Inspection Trust Fund. 1368 No money mayshallbe paid to ananyinspector or employee 1369 created under this chapter except from the funds collected from 1370 the administration of this chapter. 1371 Section 32. Subsection (20) is added to section 527.01, 1372 Florida Statutes, to read: 1373 527.01 Definitions.—As used in this chapter: 1374 (20) “License year” means the period from either September 1375 1 through the following August 31, or April 1 through the 1376 following March 31, depending upon the type of license. 1377 Section 33. Subsections (1) and (3) and paragraphs (a) and 1378 (c) of subsection (5) of section 527.0201, Florida Statutes, are 1379 amended to read: 1380 527.0201 Qualifiers; master qualifiers; examinations.— 1381 (1) In addition to the requirements of s. 527.02, aany1382 person applying for a license to engage in the activities of a 1383 pipeline system operator, category I liquefied petroleum gas 1384 dealer, category II liquefied petroleum gas dispenser, category 1385 IV liquefied petroleum gas dispenser and recreational vehicle 1386 servicer, category V liquefied petroleum gases dealer for 1387 industrial uses only, LP gas installer, specialty installer, 1388 requalifierrequalificationof cylinders, or fabricator, 1389 repairer, and tester of vehicles and cargo tanks must prove 1390 competency by passing a written examination administered by the 1391 department or its agent with a grade of at least 75 percent in 1392 each area testedorabove. Each applicant for examination shall 1393 submit a $20 nonrefundable fee. The department shall by rule 1394 specify the general areas of competency to be covered by each 1395 examination and the relative weight to be assigned in grading 1396 each area tested. 1397 (3) Qualifier cards issued to category I liquefied 1398 petroleum gas dealers and liquefied petroleum gas installers 1399shallexpire 3 years after the date of issuance. All category I 1400 liquefied petroleum gas dealer qualifiers and liquefied 1401 petroleum gas installer qualifiers holding a valid qualifier 1402 card upon the effective date of this actshallretain their 1403 qualifier status until July 1, 2003, and may sit for the master 1404 qualifier examination at any time during that time period. All 1405 such category I liquefied petroleum gas dealer qualifiers and 1406 liquefied petroleum gas installer qualifiers may renew their 1407 qualification on or before July 1, 2003, upon application to the 1408 department, payment of a $20 renewal fee, and documentation of 1409 the completion of a minimum of 1612hours approved continuing 1410 education courses, as defined by department rule, during the 1411 previous 3-year period. Applications for renewal must be made 30 1412 calendar days beforeprior toexpiration. Persons failing to 1413 renew beforeprior tothe expiration date must reapply and take 1414 a qualifier competency examination in order to reestablish 1415 category I liquefied petroleum gas dealer qualifier and 1416 liquefied petroleum gas installer qualifier status. If a 1417 category I liquefied petroleum gas qualifier or liquefied 1418 petroleum gas installer qualifier becomes a master qualifier at 1419 any time during the effective date of the qualifier card, the 1420 card remainsshall remainin effect until expiration of the 1421 master qualifier certification. 1422 (5) In addition to all other licensing requirements, each 1423 category I liquefied petroleum gas dealer and liquefied 1424 petroleum gas installer must, at the time of application for 1425 licensure, identify to the department one master qualifier who 1426 is a full-time employee at the licensed location. The master 1427 qualifier mustThis person shallbe a manager, owner, or 1428 otherwise primarily responsible for overseeing the operations of 1429 the licensed location and must provide documentation to the 1430 department as provided by rule. The master qualifier requirement 1431 isshall bein addition to the requirements of subsection (1). 1432 (a) In order to apply for certification as a master 1433 qualifier, each applicant must be a category I liquefied 1434 petroleum gas dealer qualifier or liquefied petroleum gas 1435 installer qualifier, must be employed by a licensed category I 1436 liquefied petroleum gas dealer, liquefied petroleum gas 1437 installer, or applicant for such license, must provide 1438 documentation of a minimum of 1 year’s work experience in the 1439 gas industry, and must pass a master qualifier competency 1440 examination. Master qualifier examinations shall be based on 1441 Florida’s laws, rules, and adopted codes governing liquefied 1442 petroleum gas safety, general industry safety standards, and 1443 administrative procedures. The applicant must pass the 1444 examinationmust be successfullycompletedby the applicantwith 1445 a grade of at least 75 percentormore. Each applicant for 1446 master qualifier status shall submit to the department a 1447 nonrefundable $30 examination fee beforeprior tothe 1448 examination. 1449 (c) Master qualifier status expiresshall expire3 years 1450 after the date of issuance of the certificate and may be renewed 1451 by submission to the department of documentation of completion 1452 of at least 1612hours of approved continuing education courses 1453 during the 3-year period; proof of employment with a licensed 1454 category I liquefied petroleum gas dealer, liquefied petroleum 1455 gas installer, or applicant; and a $30 certificate renewal fee. 1456 The department shall define, by rule, approved courses of 1457 continuing education. 1458 Section 34. Section 527.03, Florida Statutes, is amended to 1459 read: 1460 527.03 Annual renewal of license.—All licenses required 1461 under this chapter shall be renewed annually subject to the 1462 license fees prescribed in s. 527.02. With the exception of the 1463 Category III Liquefied Petroleum Gas Cylinder Exchange Operator 1464 license and the Dealer in Appliances and Equipment for Use of 1465 Liquefied Petroleum Gas license, all licenses shall be renewed 1466 for the period beginning September 1 andshallexpire on the 1467 following August 31 unless sooner suspended, revoked, or 1468 otherwise terminated. All Category III Liquefied Petroleum Gas 1469 Cylinder Exchange Operator licenses and Dealer in Appliances and 1470 Equipment for Use of Liquefied Petroleum Gas licenses shall be 1471 renewed for the period beginning April 1 and expire on the 1472 following March 31 unless sooner suspended, revoked, or 1473 otherwise terminated. AAnylicense allowed to expire becomeson1474August 31shall becomeinoperative because of failure to renew. 1475 The fee for restoration of a license is equal to the original 1476 license fee and must be paid before the licensee may resume 1477 operations. 1478 Section 35. Subsection (3) of section 531.415, Florida 1479 Statutes, is amended to read: 1480 531.415 Fees.— 1481 (3)Anypetroleum product taxed under s.525.09and any1482 Petroleum equipment that is used to measure petroleum fuel, as 1483 defined in s. 525.01, and owned by a person licensed pursuant to 1484 chapter 206 is exempt from the fees established in this section. 1485 Section 36. Subsection (3) of section 531.61, Florida 1486 Statutes, is amended to read: 1487 531.61 Exemptions from permit requirement.—Commercial 1488 weights or measures instruments or devices are exempt from the 1489 permit requirements of ss. 531.60-531.66 if: 1490 (3) The device is used exclusively for measuring aviation 1491 fuel or petroleum products inspectedtaxedunder chapter 525s.1492525.09. 1493 Section 37. Section 40 of chapter 2009-66, Laws of Florida, 1494 is amended to read: 1495 Section 40. Sections 531.60, 531.61, 531.62, 531.63, 1496 531.64, 531.65, and 531.66, Florida Statutes, as created by this 1497 act, shall expire July 1, 20202014. 1498 Section 38. Paragraph (c) of subsection (5) of section 1499 539.001, Florida Statutes, is amended to read: 1500 539.001 The Florida Pawnbroking Act.— 1501 (5) APPLICATION FOR LICENSE.— 1502 (c) Each initial application for a license must be 1503 accompanied by a complete set of fingerprints taken by an 1504 authorized law enforcement officer or a fingerprinting service 1505 provider approved by the Department of Law Enforcement, $300 for 1506 the first year’s license fee, and the actual cost to the agency 1507 for fingerprint analysis for each person subject to the 1508 eligibility requirements. The agency shall submit the 1509 fingerprints to the Department of Law Enforcement for state 1510 processing, and the Department of Law Enforcement shall forward 1511 the fingerprints to the Federal Bureau of Investigation for a 1512 national criminal history check. These fees and costs are not 1513 refundable. 1514 Section 39. Subsection (1) of section 559.802, Florida 1515 Statutes, is amended to read: 1516 559.802 Franchises; exemption.— 1517 (1) The sale of a franchise is exempt from this part if: 1518 (a) The franchise meets the definition of that term as 1519 defined by the Federal Trade Commission regulations entitled, 1520 “Disclosure Requirements and Prohibitions Concerning Franchising 1521 and Business Opportunity Ventures,” as set forth in 16 C.F.R. 1522 ss. 436.1 et seq.; and 1523 (b) Before offering for sale or selling a franchise to be 1524 located in this state or to a resident of this state, the 1525 franchisor files a notice with the department stating that the 1526 franchisor is in substantial compliance with the requirements of 1527 the Federal Trade Commission rule, and pays a fee in an amount 1528 set by the department, not exceeding $100. This notice shall be 1529 filed on a form promulgated by the department. 1530 Section 40. Section 559.803, Florida Statutes, is amended 1531 to read: 1532 559.803 Disclosure statement.—At least 3 working days prior 1533 to the time the purchaser signs a business opportunity contract, 1534 or at least 3 working days prior to the receipt of any 1535 consideration by the seller, whichever occurs first, the seller 1536 must provide the prospective purchaser a written document, the 1537 cover sheet of which is entitled in at least 12-point boldfaced 1538 capital letters “DISCLOSURES REQUIRED BY FLORIDA LAW.” Under 1539 this title shall appear the following statement in at least 10 1540 point type: “The State of Florida has not reviewed and does not 1541 approve, recommend, endorse, or sponsor any business 1542 opportunity. The information contained in this disclosure has 1543 not been verified by the state. If you have any questions about 1544 this investment, see an attorney before you sign a contract or 1545 agreement.” Nothing except the title and required statement 1546 shall appear on the cover sheet. Immediately following the cover 1547 sheet, the seller must provide an index page that briefly lists 1548 the contents of the disclosure document as required in this 1549 section and any pages on which the prospective purchaser can 1550 find each required disclosure. At the top of the index page, the 1551 following statement must appear in at least 10-point type: “The 1552 State of Florida requires sellers of business opportunities to 1553 disclose certain information to prospective purchasers. This 1554 index is provided to help you locate this information.” If the 1555 index contains other information not required by this section, 1556 the seller shall place a designation beside each of the 1557 disclosures required by this section and provide an explanation 1558 of the designation at the end of the statement at the top of the 1559 index page. The disclosure document shall contain the following 1560 information: 1561 (1) The name of the seller; whether the seller is doing 1562 business as an individual, partnership, corporation, or other 1563 business entity; the names under which the seller has done 1564 business; and the name of any parent or affiliated company that 1565 will engage in business transactions with the purchasers or who 1566 takes responsibility for statements made by the seller. 1567 (2) The names, addresses, and titles of the seller’s 1568 officers, directors, trustees, general partners, general 1569 managers, and principal executives and of any other persons 1570 charged with the responsibility for the seller’s business 1571 activities relating to the sale of business opportunities. 1572 (3) The length of time the seller has: 1573 (a) Sold business opportunities; or 1574 (b) Sold business opportunities involving the products, 1575 equipment, supplies, or services currently being offered to the 1576 purchaser. 1577 (4) A full and detailed description of the actual services 1578 that the business opportunity seller undertakes to perform for 1579 the purchaser. 1580 (5) A copy of a current (not older than 13 months) 1581 financial statement of the seller, updated to reflect material 1582 changes in the seller’s financial condition. 1583 (6) If training is promised by the seller, a complete 1584 description of the training, the length of the training, and the 1585 cost or incidental expenses of that training, which cost or 1586 expense the purchaser will be required to incur. 1587 (7) If the seller promises services to be performed in 1588 connection with the placement of the equipment, product, or 1589 supplies at a location, the full nature of those services as 1590 well as the nature of the agreements to be made with the owners 1591 or managers of the location where the purchaser’s equipment, 1592 product, or supplies will be placed. 1593 (8) If the business opportunity seller is required to 1594 secure a bond, guaranteed letter of credit, or certificate of 1595 deposit pursuant to s. 559.807, either of the following 1596 statements: 1597 (a) “As required by Florida law, the seller has secured a 1598 bond issued by ...., a surety company authorized to do business 1599 in this state. Before signing a contract to purchase this 1600 business opportunity, you should confirm the bond’s status with 1601 the surety company.”; or 1602 (b) “As required by Florida law, the seller has established 1603 a guaranteed letter of credit or certificate of deposit 1604 ...(number of account)... with ...(name and address of bank or 1605 savings institution).... Before signing a contract to purchase 1606 this business opportunity, you should confirm with the bank or 1607 savings institution the current status of the guaranteed letter 1608 of credit or certificate of deposit.” 1609 (9) The following statement: “If the seller fails to 1610 deliver the product, equipment, or supplies necessary to begin 1611 substantial operation of the business within 45 days of the 1612 delivery date stated in your contract, you may notify the seller 1613 in writing and cancel your contract.” 1614 (10) If the seller makes any statement concerning sales or 1615 earnings or a range of sales or earnings that may be made 1616 through this business opportunity, a statement disclosing: 1617 (a) The total number of purchasers of business 1618 opportunities involving the product, equipment, supplies, or 1619 services being offered who have actually achieved sales of or 1620 received earnings in the amount or range specified within 3 1621 years prior to the date of the disclosure statement. 1622 (b) The total number of purchasers of business 1623 opportunities involving the product, equipment, supplies, or 1624 services being offered within 3 years prior to the date of the 1625 disclosure statement. 1626 (11)(a) The total number of persons who purchased the 1627 business opportunity being offered by the seller within the past 1628 3 years. 1629 (b) The names, addresses, and telephone numbers of the 10 1630 persons who previously purchased the business opportunity from 1631 the seller and who are geographically closest to the potential 1632 purchaser. 1633 (12) A statement disclosing who, if any, of the persons 1634 listed in subsections (1) and (2): 1635 (a) Has, at any time during the previous 10 fiscal years, 1636 regardless of adjudication, been convicted of, or found guilty 1637 of, or pled guilty or nolo contendere to, or has been 1638 incarcerated within the last 10 years as a result of having 1639 previously been convicted of, or found guilty of, or pled guilty 1640 or nolo contendere to, a felony or a crime involving fraud, 1641 theft, larceny, violation of any franchise or business 1642 opportunity law or unfair or deceptive practices law, 1643 embezzlement, fraudulent conversion, misappropriation of 1644 property, or restraint of trade. 1645 (b) Has, at any time during the previous 7 fiscal years, 1646 been held liable in a civil action resulting in a final judgment 1647 or has settled out of court any civil action or is a party to 1648 any civil action involving allegations of fraud (including 1649 violation of any franchise or business opportunity law or unfair 1650 or deceptive practices law), embezzlement, fraudulent 1651 conversion, misappropriation of property, or restraint of trade 1652 or any civil action which was brought by a present or former 1653 franchisee or franchisees and which involves or involved the 1654 franchise relationship. However, only material individual civil 1655 actions need be so listed pursuant to this paragraph, including 1656 any group of civil actions which, irrespective of the 1657 materiality of any single such action, in the aggregate is 1658 material. 1659 (c) Is subject to any currently effective state or federal 1660 agency or court injunctive or restrictive order, or has been 1661 subject to any administrative action in which an order by a 1662 governmental agency was rendered, or is a party to a proceeding 1663 currently pending in which such order is sought, relating to or 1664 affecting business opportunities activities or the business 1665 opportunity seller-purchaser relationship or involving fraud 1666 (including violation of any franchise or business opportunity 1667 law or unfair or deceptive practices law), embezzlement, 1668 fraudulent conversion, misappropriation of property, or 1669 restraint of trade. 1670 1671 Such statement shall set forth the identity and location of the 1672 court or agency; the date of conviction, judgment, or decision; 1673 the penalty imposed; the damages assessed; the terms of 1674 settlement or the terms of the order; and the date, nature, and 1675 issuer of each such order or ruling. A business opportunity 1676 seller may include a summary opinion of counsel as to any 1677 pending litigation, but only if counsel’s consent to the use of 1678 such opinion is included in the disclosure statement. 1679 (13) A statement disclosing who, if any, of the persons 1680 listed in subsections (1) and (2) at any time during the 1681 previous 7 fiscal years has: 1682 (a) Filed in bankruptcy. 1683 (b) Been adjudged bankrupt. 1684 (c) Been reorganized due to insolvency. 1685 (d) Been a principal, director, executive officer, or 1686 partner of any other person that has so filed or was so adjudged 1687 or reorganized during or within 1 year after the period that 1688 such person held such position in relation to such other person. 1689 If so, the name and location of the person having so filed or 1690 having been so adjudged or reorganized, the date thereof, and 1691 any other material facts relating thereto shall be set forth. 1692 (14) A copy of the business opportunity contractwhichthe 1693 seller uses as a matter of course and which is to be presented 1694 to the purchaser at closing. 1695 1696Should any seller of business opportunities prepare a disclosure1697statement pursuant to 16 C.F.R. ss. 436.1 et seq., a Trade1698Regulation Rule of the Federal Trade Commission regarding1699Disclosure Requirements and Prohibitions Concerning Franchising1700and Business Opportunity Ventures, the seller may file that1701disclosure statement in lieu of the document required pursuant1702to this section. Should the seller be required pursuant to 161703C.F.R. to prepare any other documents to be presented to the1704prospective purchaser, those documents shall also be filed with1705the department.1706 Section 41. Section 559.805, Florida Statutes, is repealed. 1707 Section 42. Subsection (2) of section 559.807, Florida 1708 Statutes, is repealed. 1709 Section 43. Present subsections (3) through (7) of section 1710 559.813, Florida Statutes, are redesignated as subsections (2) 1711 through (6), respectively, and present subsections (2), (5), and 1712 (8) of that section are amended, to read: 1713 559.813 Remedies; enforcement.— 1714(2)(a) The department may enter an order imposing one or1715more of the penalties set forth in paragraph (b) if the1716department finds that a seller or any of the seller’s principal1717officers or agents:17181. Violated or is operating in violation of any of the1719provisions of this part or of the rules adopted or orders issued1720thereunder;17212. Made a material false statement in any application,1722document, or record required to be submitted or retained under1723this part;17243. Refused or failed, after notice, to produce any document1725or record or disclose any information required to be produced or1726disclosed under this part or the rules of the department;17274. Made a material false statement in response to any1728request or investigation by the department, the Department of1729Legal Affairs, or the state attorney; or17305. Has intentionally defrauded the public through dishonest1731or deceptive means.1732(b) Upon a finding as set forth in paragraph (a), the1733department may enter an order doing one or more of the1734following:17351. Issuing a notice of noncompliance pursuant to s.1736120.695.17372. Imposing an administrative fine not to exceed $5,000 per1738violation for each act which constitutes a violation of this1739part or a rule or order.17403. Directing that the seller or its principal officers or1741agents cease and desist specified activities.17424. Refusing to issue or revoking or suspending an1743advertisement identification number.17445. Placing the registrant on probation for a period of1745time, subject to such conditions as the department may specify.1746(c) The administrative proceedings which could result in1747the entry of an order imposing any of the penalties specified in1748paragraph (b) shall be conducted in accordance with chapter 120.1749 (4)(5)The Department of Legal Affairs, the Department of1750Agriculture and Consumer Services,or the state attorney, if a 1751 violation of this part occurs in her or his judicial circuit, is 1752arethe enforcing authorityauthoritiesfor purposes of this 1753 part, andtheymay bring civil actions in circuit court for 1754 temporary or permanent injunctive relief and may seek other 1755 appropriate civil relief, including, but not limited to, a civil 1756 penalty not to exceed $5,000 for each violation, restitution and 1757 damages for injured purchasers of business opportunities, and 1758 court costs and reasonable attorneyattorney’sfees. 1759(8) The department has the authority to adopt rules1760pursuant to chapter 120 to implement this part.1761 Section 44. Section 559.815, Florida Statutes, is amended 1762 to read: 1763 559.815 Penalties.—AAnyperson whofails to file with the1764department as required by s.559.805or whocommits an act 1765 described in s. 559.809 is guilty of a felony of the third 1766 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1767 775.084. 1768 Section 45. Subsection (1) of section 559.9221, Florida 1769 Statutes, is amended to read: 1770 559.9221 Motor Vehicle Repair Advisory Council.—The Motor 1771 Vehicle Repair Advisory Council is created to advise and assist 1772 the department in carrying out this part. 1773 (1) The membership of the council may not exceed 9111774 members appointed by the Commissioner of Agriculture. 1775 (a) SixEightindustry members of the council must be 1776 chosen from individuals already engaged in the motor vehicle 1777 repair business who are eligible to be registered under this 1778 part. The professional members of this council must be licensed 1779 under this part. The commissioner shall select one industry 1780 member from each of the following categories: 1781 1. Independent automotive mechanics shops. 1782 2. Franchise or company-owned automotive mechanics shops. 1783 3. AutomotiveIndependent automotivecollision shops. 17844. Franchise or company-owned automotive collision shops.1785 4.5.Tire dealersIndependent tiredealer. 17866. Franchise or company-owned tire dealer.1787 5.7.Independent motor vehicle dealersdealerlicensed 1788 under s. 320.27. 1789 6.8.Franchise motor vehicle dealersdealerlicensed under 1790 s. 320.27. 1791 (b) One member of the council may be chosen from persons 1792 already engaged in motor vehicle repair service. 1793 (c) Two consumer members of the council must be residents 1794 of this state and maymustnot be connected with the motor 1795 vehicle repair business. 1796 (d) As terms of the members expire, the commissioner shall 1797 appoint successors for terms of 4 years. Membersshallserve 1798 from the time of their appointment until their successors are 1799 appointed. 1800 Section 46. Paragraphs (a) and (b) of subsection (9) of 1801 section 616.242, Florida Statutes, are amended to read: 1802 616.242 Safety standards for amusement rides.— 1803 (9) INSURANCE REQUIREMENTS.— 1804 (a) An owner may not operate an amusement ride unless the 1805 owner has in effect, at all times of operation, aninsurance1806meeting the following requirements:18071.Aninsurance policy in an amount of not less than $1 1808 million per occurrence, $1 million in the aggregate, which 1809 insures the owner of the amusement ride against liability for 1810 injury to persons arising out of the use of the amusement ride.;1811or18122. A bond in a like amount; however, the aggregate1813liability of the surety under the bond may not exceed the face1814amount thereof.1815 (b) The policyor bondmust be procured from an insureror1816suretythat is licensed to transact business in this state or 1817 that is approved as a surplus lines insurer. 1818 Section 47. Subsection (9) is added to section 721.20, 1819 Florida Statutes, to read: 1820 721.20 Licensing requirements; suspension or revocation of 1821 license; exceptions to applicability; collection of advance fees 1822 for listings unlawful.— 1823 (9) A person who meets the definition of a commercial 1824 telephone seller or salesperson as defined in s. 501.603 must be 1825 licensed under part IV of chapter 501 before doing business in 1826 this state under this chapter. 1827 Section 48. This act shall take effect July 1, 2013.