Bill Text: FL S1040 | 2013 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2013 CS for SB 1040 By the Committee on Commerce and Tourism; and Senator Stargel 577-02208-13 20131040c1 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” licensee, failing to complete 353 recertification training required to carry a firearm while 354 performing regulated duties. 355 (v) For a Class “K” licensee, failing to maintain active 356 certification as a professional firearms trainer. 357 (w)(u)For a Class “G” or a Class “K” applicant or 358 licensee, being prohibited from purchasing or possessing a 359 firearm by state or federal law. 360 (x)(v)In addition to the grounds for disciplinary action 361 prescribed in paragraphs (a)-(t), Class “R” recovery agencies, 362 Class “E” recovery agents, and Class “EE” recovery agent interns 363 are prohibited from committing the following acts: 364 1. Recovering a motor vehicle, mobile home, motorboat, 365 aircraft, personal watercraft, all-terrain vehicle, farm 366 equipment, or industrial equipment that has been sold under a 367 conditional sales agreement or under the terms of a chattel 368 mortgage before authorization has been received from the legal 369 owner or mortgagee. 370 2. Charging for expenses not actually incurred in 371 connection with the recovery, transportation, storage, or 372 disposal of repossessed property or personal property obtained 373 in a repossession. 374 3. Usinganyrepossessed property or personal property 375 obtained in a repossession for the personal benefit of a 376 licensee or an officer, director, partner, manager, or employee 377 of a licensee. 378 4. Selling property recovered under the provisions of this 379 chapter, except with written authorization from the legal owner 380 or the mortgagee thereof. 381 5. Failing to notify the police or sheriff’s department of 382 the jurisdiction in which the repossessed property is recovered 383 within 2 hours after recovery. 384 6. Failing to remit moneys collected in lieu of recovery of 385 a motor vehicle, mobile home, motorboat, aircraft, personal 386 watercraft, all-terrain vehicle, farm equipment, or industrial 387 equipment to the client within 10 working days. 388 7. Failing to deliver to the client a negotiable instrument 389 that is payable to the client, within 10 working days after 390 receipt of such instrument. 391 8. Falsifying, altering, or failing to maintainany392 required inventory or records regarding disposal of personal 393 property contained in or on repossessed property pursuant to s. 394 493.6404(1). 395 9. Carrying aanyweapon or firearm when he or she is on 396 private property and performing duties under his or her license 397 whether or not he or she is licensed pursuant to s. 790.06. 398 10. Soliciting from the legal owner the recovery of 399 property subject to repossession after such property has been 400 seen or located on public or private property if the amount 401 charged or requested for such recovery is more than the amount 402 normally charged for such a recovery. 403 11. Wearing, presenting, or displaying a badge in the 404 course of performing a repossession regulated by this chapter. 405 (2) It is unlawful for a person to knowingly possess, 406 issue, cause to be issued, sell, submit, or offer a fraudulent 407 training certificate, proficiency form, or other official 408 document that declares an applicant has successfully completed a 409 course of training required for licensure under chapter 493 if 410 that person knows or reasonably should know that the 411 certificate, form, or document is fraudulent. A violation of 412 this section is a felony of the third degree, punishable as 413 provided in s. 775.082, s. 775.083, or s. 775.084. 414 (5)(4)Notwithstanding the provisions of paragraph (1)(c) 415 and subsection (3)(2): 416 (a) If the applicant or licensee has been convicted of a 417 felony, the department shall deny the application or revoke the 418 license unless and until civil rights have been restored by the 419 State of Florida or by a state acceptable to Florida and a 420 period of 10 years has expired since final release from 421 supervision. 422 (b) A Class “G” applicant who has been convicted of a 423 felony mustshallalso have had the specific right to possess, 424 carry, or use a firearm restored by the State of Florida. 425 (c) If the applicant or licensee has been found guilty of, 426 entered a plea of guilty to, or entered a plea of nolo 427 contendere to a felony and adjudication of guilt is withheld, 428 the department shall deny the application or revoke the license 429 until a period of 3 years has expired since final release from 430 supervision. 431 (d) A plea of nolo contendere createsshall createa 432 rebuttable presumption of guilt to the underlying criminal 433 charges, and the department shall allow the person being 434 disciplined or denied an application for a license to present 435 any mitigating circumstances surrounding his or her plea. 436 (e) The grounds for discipline or denial cited in this 437 subsection applyshall be appliedto aanydisqualifying 438 criminal history regardless of the date of commission of the 439 underlying criminal charge. Such provisions areshall beapplied 440 retroactively and prospectively. 441 Section 7. Subsection (1) of section 493.6120, Florida 442 Statutes, is amended to read: 443 493.6120 Violations; penalty.— 444 (1) Any person who violates any provision of this chapter 445 except ss. 493.6118(2) ands.493.6405 commits a misdemeanor of 446 the first degree, punishable as provided in s. 775.082 or s. 447 775.083. 448 Section 8. Subsection (3) of section 493.6121, Florida 449 Statutes, is amended to read: 450 493.6121 Enforcement; investigation.— 451 (3) The department hasshall havethe authority to 452 investigate aanylicensed or unlicensed person, firm, company, 453 partnership, or corporation when such person, firm, company, 454 partnership, or corporation is advertising as providing or is 455 engaged in performing services thatwhichrequire licensure 456 under this chapter or when a licensee is engaged in activities 457 thatwhichdo not comply with or are prohibited by this chapter; 458 and the department hasshall havethe authority to issue an 459 order to cease and desist the further conduct of such 460 activities, or seek an injunction, or take other appropriate 461 action pursuant to s. 493.6118(3)(a)493.6118(2)(a)or (c). 462 Section 9. Paragraph (b) of subsection (1) and subsections 463 (2) and (7) of section 496.405, Florida Statutes, are amended to 464 read: 465 496.405 Registration statements by charitable organizations 466 and sponsors.— 467 (1) 468 (b)AnyChanges in the information submitted on the initial 469 registration statement or the last renewal statement must be 470 updated annually on a renewal statement provided by the 471 department on or before the date that marks one year after the 472 date the department approved the initial registration statement 473 as provided in this section. The department shall annually 474 provide a renewal statement to each registrant by mail or by 475 electronic mail at least 3060days before the renewal date. 476 (2) The initial registration statement must be submitted on 477 a form prescribed by the department, signedunder oathby an 478 authorized officialthe treasurer or chief fiscal officerof the 479 charitable organization or sponsor who shall certify that the 480 registration statement is true and correct, and include the 481 following information or material: 482 (a) A copy of the financial report or Internal Revenue 483 Service Form 990 and all attached schedules,Schedule Aor 484 Internal Revenue Service Form 990-EZ and Schedule O, required 485 under s. 496.407 for the immediately preceding fiscal year. A 486 newly organized charitable organization or sponsor with no 487 financial history must file a budget for the current fiscal 488 year. 489 (b) The name of the charitable organization or sponsor, the 490 purpose for which it is organized, the name under which it 491 intends to solicit contributions, and the purpose or purposes 492 for which the contributions to be solicited will be used. 493 (c) The name of the individuals or officers who are in 494 charge ofanysolicitation activities. 495 (d) A statement of whether: 496 1. The charitable organization or sponsor is authorized by 497 anotherany otherstate to solicit contributions; 498 2. The charitable organization or sponsor or any of its 499 officers, directors, trustees, or principal salaried executive 500 personnel have been enjoined in any jurisdiction from soliciting 501 contributions or have been found to have engaged in unlawful 502 practices in the solicitation of contributions or administration 503 of charitable assets; 504 3. The charitable organization or sponsor has had its 505 registration or authority denied, suspended, or revoked by aany506 governmental agency, together with the reasons for such denial, 507 suspension, or revocation; and 508 4. The charitable organization or sponsor has voluntarily 509 entered into an assurance of voluntary compliance in any 510 jurisdiction or agreement similar to that set forth in s. 511 496.420, together with a copy of thethatagreement. 512 5. The charitable organization or sponsor or any of its 513 officers, directors, trustees, or employees, regardless of 514 adjudication, has been convicted of, or found guilty of, or pled 515 guilty or nolo contendere to, or has been incarcerated within 516 the last 10 years as a result of having previously been 517 convicted of, or found guilty of, or pled guilty or nolo 518 contendere to:,519 a. AAnyfelonyor any crime involving fraud, theft,520larceny, embezzlement, fraudulent conversion, misappropriation521of property, or any crime arising from the conduct of a522solicitation for a charitable organization or sponsorwithin the 523 last 10 years and, if so, the name of such person, the nature of 524 the offense, the date of the offense, the court having 525 jurisdiction in the case, the date of conviction or other 526 disposition, and the disposition of the offense. 527 b. A crime involving fraud, theft, larceny, embezzlement, 528 fraudulent conversion, misappropriation of property, or a crime 529 enumerated in this section or resulting from acts committed 530 while involved in the solicitation of contributions within the 531 last 10 years and, if so, the name of such person, the nature of 532 the offense, the date of the offense, the court having 533 jurisdiction in the case, the date of conviction or other 534 disposition, and the disposition of the offense. 535 6. The charitable organization or sponsor or any of its 536 officers, directors, trustees, or employees has been enjoined 537 from violating aanylaw relating to a charitable solicitation, 538 and, if so, the name of such person, the date of the injunction, 539 and the court issuing the injunction. 540 (e) The names, street addresses, and telephone numbers of a 541anyprofessional solicitor, professional fundraising consultant, 542 and commercial co-venturer who is acting or has agreed to act on 543 behalf of the charitable organization or sponsor, together with 544 a statement setting forth the specific terms of the arrangements 545 for salaries, bonuses, commissions, expenses, or other 546 remunerations to be paid the fundraising consultant and 547 professional solicitor. 548 (f) With initial registration only, a statement showing 549 when and where the organization was established and the tax 550 exempt status of the organization together with a copy of the 551anyfederal tax exemption determination letter. If the 552 charitable organization or sponsor has not received a federal 553 tax exemption determination letter at the time of initial 554 registration, a copy of such determination must be filed with 555 the department within 30 days after receipt of the determination 556 by the charitable organization or sponsor. If the organization 557 is subsequently notified by the Internal Revenue Service of a 558anychallenge to its continued entitlement to federal tax 559 exemption, the charitable organization or sponsor shall notify 560 the department of this fact within 30 days after receipt. 561 (g) The following information must be filed with the 562 initial registration statement and must be updated when aany563 change occurs in the information that was previously filed with 564 the initial registration statement: 565 1. The principal street address and telephone number of the 566 organization and the street address and telephone numbers ofany567 offices in this state or, if the charitable organization or 568 sponsor does not maintain an office in this state, the name, 569 street address, and telephone number of the person whothathas 570 custody of its financial records. The parent organization that 571 files a consolidated registration statement on behalf of its 572 chapters, branches, or affiliates must additionally provide the 573 street addresses and telephone numbers of all such locations in 574 this state. 575 2. The names and street addresses of the officers, 576 directors, trustees, and the principal salaried executive 577 personnel. 578 3. The date when the charitable organization’s or sponsor’s 579 fiscal year ends. 580 4. A list or description of the major program activities. 581 5. The names, street addresses, and telephone numbers of 582 the individuals or officers who have final responsibility for 583 the custody of the contributions and who will be responsible for 584 the final distribution of the contributions. 585 (7) The department must examine each initial registration 586 statement or annual renewal statement and the supporting 587 documents filed by a charitable organization or sponsor and 588 shall determine whether the registration requirements are 589 satisfied. Within 1510working days after its receipt of a 590 statement, the department must examine the statement, notify the 591 applicant ofanyapparent errors or omissions, and requestany592 additional information the department is allowed by law to 593 require. Failure to correct an error or omission or to supply 594 additional information is not grounds for denial of the initial 595 registration or annual renewal statement unless the department 596 has notified the applicant within the 1510-working-day period. 597 The department must approve or deny each statement, or must 598 notify the applicant that the activity for which she or he seeks 599 registration is exempt from the registration requirement, within 600 1510working days after receipt of the initial registration or 601 annual renewal statement or the requested additional information 602 or correction of errors or omissions. AAnystatement that is 603 not approved or denied within 1510working days after receipt 604 of the requested additional information or correction of errors 605 or omissions is approved. Within 7 working days after receipt of 606 a notification that the registration requirements are not 607 satisfied, the charitable organization or sponsor may request a 608 hearing. The hearing must be held within 7 working days after 609 receipt of the request, and theanyrecommended order, if one is 610 issued, must be rendered within 3 working days of the hearing. 611 The final order must then be issued within 2 working days after 612 the recommended order. If a recommended order is not issued, the 613 final order must be issued within 5 working days after the 614 hearing. The proceedings must be conducted in accordance with 615 chapter 120, except that the time limits and provisions set 616 forth in this subsection prevail to the extent of any conflict. 617 Section 10. Section 496.406, Florida Statutes, is amended 618 to read: 619 496.406 Exemption from registration.—The following620charitable organizations and sponsors are exempt from the621requirements of s.496.405:622 (1) The following charitable organizations and sponsors are 623 exempt from the requirements of s. 496.405: 624 (a) A person who is soliciting for a named individual, 625 provided that all the contributions collected withoutany626 deductionswhatsoeverare turned over to the beneficiary for her 627 or his use and provided that the person has complied with the 628 requirements of s. 496.413. 629 (b)(2)A charitable organization or sponsor thatwhich630 limits solicitation of contributions to the membership of the 631 charitable organization or sponsor. For the purposes of this 632 paragraph, the term “membership” does not include those persons 633 who are granted a membership upon making a contribution as a 634 result of a solicitation. 635 (c)(3)AAnydivision, department, post, or chapter of a 636 veterans’ service organization granted a federal charter under 637 Title 36, United States Code. 638 (d) Charitable organizations or sponsors that have less 639 than $25,000 in total revenue during a fiscal year, if the 640 fundraising activities of such organization or sponsor are 641 carried on by volunteers, members, or officers who are not 642 compensated and if no part of the assets or income of such 643 organization or sponsor inures to the benefit of or is paid to 644 an officer or member of such organization, sponsor, professional 645 fundraising consultant, professional solicitor, or commercial 646 co-venturer. If a charitable organization or sponsor that has 647 less than $25,000 in total revenue during a fiscal year acquires 648 total revenue in excess of that amount, the charitable 649 organization or sponsor must register with the department as 650 required by s. 496.405 within 30 days after the date the revenue 651 reaches $25,000. 652 (2) Before soliciting contributions, each charitable 653 organization or sponsor under paragraph (1)(d) claiming to be 654 exempt from the registration requirements specified in s. 655 496.405 shall submit annually to the department, on forms 656 prescribed by the department: 657 (a) The name, address, and phone number of the charitable 658 organization or sponsor, the name under which it intends to 659 solicit contributions, the purpose for which it is organized, 660 and the purpose or purposes for which the solicited 661 contributions will be used. 662 (b) The tax exempt status of the organization. 663 (c) The date the organization’s fiscal year ends. 664 (d) The names, street addresses, and telephone numbers of 665 the individuals or officers who have final responsibility for 666 the custody of the contributions and who will be responsible for 667 the final distribution of the contributions. 668 (e) A financial statement of support, revenue, and expenses 669 and a statement of functional expenses which must include, but 670 need not be limited to, expenses in the following categories: 671 program, management and general, and fundraising. In lieu of the 672 financial statement, a charitable organization or sponsor may 673 submit a copy of its Internal Revenue Service Form 990 with 674 attached schedules or 990-EZ with Schedule O. 675 (3) A charitable organization or sponsor claiming to be 676 exempt from the registration requirements of this chapter shall 677 submit such information that the department may request to 678 substantiate an exemption under this section. A charitable 679 organization or sponsor that fails to submit evidence 680 satisfactory to the department is not exempt from the 681 requirements of this chapter. In any proceeding, the burden of 682 proving an exemption is upon the organization or sponsor 683 claiming the exemption. 684 (4) Exemption from the registration requirements of s. 685 496.405 does not limit the applicability of other provisions of 686 this section to a charitable organization or sponsor. 687 Section 11. Subsection (2) of section 496.407, Florida 688 Statutes, is amended to read: 689 496.407 Financial report.— 690 (2) In lieu of the financial report described in subsection 691 (1), a charitable organization or sponsor may submit a copy of 692 its Internal Revenue Service Form 990 and all attached schedules 693Schedule Afiled for the preceding fiscal year, or a copy of its 694 Form 990-EZ and Schedule O filed for the preceding fiscal year. 695 Section 12. Subsections (2), (3), and (6) of section 696 496.409, Florida Statutes, are amended to read: 697 496.409 Registration and duties of professional fundraising 698 consultant.— 699 (2) Applications for registration or renewal of 700 registration must be submitted on a form prescribed by the 701 department, signed by an authorized official of the professional 702 fundraising consultant who shall certify that the report is true 703 and correctunder oath, and must include the following 704 information: 705 (a) The street address and telephone number of the 706 principal place of business of the applicant and aanyFlorida 707 street addresses if the principal place of business is located 708 outside this state. 709 (b) The form of the applicant’s business. 710 (c) The names and residence addresses of all principals of 711 the applicant, including all officers, directors, and owners. 712 (d) Whether any of the owners, directors, officers, or 713 employees of the applicant are related as parent, child, spouse, 714 or sibling toanyother directors, officers, owners, or 715 employees of the applicant; to ananyofficer, director, 716 trustee, or employee of aanycharitable organization or sponsor 717 under contract to the applicant; or to aanysupplier or vendor 718 providing goods or services to aanycharitable organization or 719 sponsor under contract to the applicant. 720 (e) Whether the applicant or any of its officers, 721 directors, trustees, or employees have, within the last 10 722 years, regardless of adjudication, been convicted, or found 723 guilty of, or pled guilty or nolo contendere to, or have been 724 incarcerated within the last 10 years as a result of having 725 previously been convicted of, or found guilty of, or pled guilty 726 or nolo contendere to, aanyfelony and, if so, the name of such 727 person, the nature of the offense, the date of the offense, the 728 court having jurisdiction in the case, the date of conviction or 729 other disposition, and the disposition of the offense. 730 (f) Whether the applicant or any of its officers, 731 directors, trustees, or employees have, regardless of 732 adjudication, been convicted of, or found guilty of, or pled 733 guilty or nolo contendere to, or have been incarcerated within 734 the last 10 years as a result of having previously been 735 convicted of, or found guilty of, or pled guilty or nolo 736 contendere to, a crime within the last 10 years involving fraud, 737 theft, larceny, embezzlement, fraudulent conversion, or 738 misappropriation of property, or aanycrime arising from the 739 conduct of a solicitation for a charitable organization or 740 sponsor and, if so, the name of such person, the nature of the 741 offense, the date of the offense, the court having jurisdiction 742 in the case, the date of conviction or other disposition, and 743 the disposition of the offense. 744 (g) Whether the applicant or any of its officers, 745 directors, trustees, or employees have been enjoined from 746 violating aanylaw relating to a charitable solicitation and, 747 if so, the name of such person, the date of the injunction, and 748 the court issuing the injunction. 749 (3) The application for registration must be accompanied by 750 a fee of $300. A professional fundraising consultant thatwhich751 is a partnership or corporation may register for and pay a 752 single fee on behalf of all of its partners, members, officers, 753 directors, agents, and employees. In that case, the names and 754 street addresses of all the officers, employees, and agents of 755 the fundraising consultant and all other persons with whom the 756 fundraising consultant has contracted to work under its 757 direction must be listed in the application. Each registration 758 is valid for 1 yearor a part of 1 year and expires on March 31759of each year. The registration may be renewedon or before March76031 of each yearfor additional 1-year periods upon application 761 to the department and payment of the registration fee. 762 (6) The department shall examine each registration 763 statement and supporting documents filed by a professional 764 fundraising consultant and determine whether the registration 765 requirements are satisfied. If the department determines that 766 the registration requirements are not satisfied, the department 767 must notify the professional fundraising consultant within 1510768 working days after its receipt of the registration statement; 769 otherwise the registration statement is approved. Within 7 770 working days after receipt of a notification that the 771 registration requirements are not satisfied, the applicant may 772 request a hearing. The hearing must be held within 7 working 773 days after receipt of the request, and theanyrecommended 774 order, if one is issued, must be rendered within 3 working days 775 after the hearing. The final order must then be issued within 2 776 working days after the recommended order. If there is no 777 recommended order, the final order must be issued within 5 778 working days after the hearing. The proceedings must be 779 conducted in accordance with chapter 120, except that the time 780 limits and provisions set forth in this subsection prevail to 781 the extent of any conflict. 782 Section 13. Subsections (2), (3), (5), and (8) of section 783 496.410, Florida Statutes, are amended to read: 784 496.410 Registration and duties of professional 785 solicitors.— 786 (2) Applications for registration or renewal of 787 registration must be submitted on a form prescribed by rule of 788 the department, signed by an authorized official of the 789 professional solicitor who shall certify that the report is true 790 and correctunder oath, and must include the following 791 information: 792 (a) The street address and telephone number of the 793 principal place of business of the applicant and aanyFlorida 794 street addresses if the principal place of business is located 795 outside this state. 796 (b) The form of the applicant’s business. 797 (c) The place and date when the applicant, if other than an 798 individual, was legally established. 799 (d) The names and residence addresses of all principals of 800 the applicant, including all officers, directors, and owners. 801 (e) A statement as to whether any of the owners, directors, 802 officers, or employees of the applicant are related as parent, 803 spouse, child, or sibling toanyother directors, officers, 804 owners, or employees of the applicant; to ananyofficer, 805 director, trustee, or employee of aanycharitable organization 806 or sponsor under contract to the applicant; or to aanysupplier 807 or vendor providing goods or services to aanycharitable 808 organization or sponsor under contract to the applicant. 809 (f) A statement as to whether the applicant or any of its 810 directors, officers, trustees, persons with a controlling 811 interest in the applicant, or employees or agents involved in 812 solicitation have, within the last 10 years, regardless of 813 adjudication, been convicted of, or found guilty of, or pled 814 guilty or nolo contendere to, or have been incarcerated within 815 the last 10 years as a result of having previously been 816 convicted of, or found guilty of, or pled guilty or nolo 817 contendere to, aanyfelony and, if so, the name of such person, 818 the nature of the offense, the date of the offense, the court 819 having jurisdiction in the case, the date of conviction or other 820 disposition, and the disposition of the offense. 821 (g) A statement as to whether the applicant or any of its 822 directors, officers, trustees, persons with a controlling 823 interest in the applicant, or employees or agents involved in 824 solicitation have, regardless of adjudication, been convicted 825 of, or found guilty of, or pled guilty or nolo contendere to, or 826 have been incarcerated within the last 10 years as a result of 827 having previously been convicted of, or found guilty of, or pled 828 guilty or nolo contendere to, a crime within the last 10 years 829 involving fraud, theft, larceny, embezzlement, fraudulent 830 conversion, or misappropriation of property, or aanycrime 831 arising from the conduct of a solicitation for a charitable 832 organization or sponsor and, if so, the name of such person, the 833 nature of the offense, the date of the offense, the court having 834 jurisdiction in the case, the date of conviction or other 835 disposition, and the disposition of the offense. 836 (h) A statement as to whether the applicant or any of its 837 directors, officers, trustees, persons with a controlling 838 interest in the applicant, or employees or agents involved in 839 solicitation have been enjoined from violating aanylaw 840 relating to a charitable solicitation and, if so, the name of 841 such person, the date of the injunction, and the court issuing 842 the injunction. 843 (i) The names of all persons in charge ofanysolicitation 844 activity. 845 (3) The application for registration must be accompanied by 846 a fee of $300. A professional solicitor that is a partnership or 847 corporation may register for and pay a single fee on behalf of 848 all of its partners, members, officers, directors, agents, and 849 employees. In that case, the names and street addresses of all 850 the officers, employees, and agents of the professional 851 solicitor and all other persons with whom the professional 852 solicitor has contracted to work under its direction, including 853 solicitors, must be listed in the application or furnished to 854 the department within 5 days after the date of employment or 855 contractual arrangement. Each registration is valid for 1 year 856or a part of 1 year and expires on March 31 of each year. The 857 registration may be renewedon or before March 31 of each year858 for an additional 1-year period upon application to the 859 department and payment of the registration fee. 860 (5) The department must examine each registration statement 861 and supporting documents filed by a professional solicitor. If 862 the department determines that the registration requirements are 863 not satisfied, the department must notify the professional 864 solicitor within 1510working days after its receipt of the 865 registration statement; otherwise the registration statement is 866 approved. Within 7 working days after receipt of a notification 867 that the registration requirements are not satisfied, the 868 applicant may request a hearing. The hearing must be held within 869 7 working days after receipt of the request, and theany870 recommended order, if one is issued, must be rendered within 3 871 working days after the hearing. The final order must then be 872 issued within 2 working days after the recommended order. If 873 there is no recommended order, the final order must be issued 874 within 5 working days after the hearing. The proceedings must be 875 conducted in accordance with chapter 120, except that the time 876 limits and provisions set forth in this subsection prevail to 877 the extent of any conflict. 878 (8) Within 4590days after a solicitation campaign has 879 been completed and within 45 days afteronthe anniversary of 880 the commencement of a solicitation campaign lasting more than 1 881 year, the professional solicitor must provide to the charitable 882 organization or sponsor and file with the department a financial 883 report of the campaign, including the gross revenue received and 884 an itemization of all expenses incurred. The report must be 885 completed on a form prescribed by the department and signed by 886 an authorized official of the professional solicitor who shall 887 certifyunder oaththat the report is true and correct. 888 Section 14. Subsections (3) and (6) of section 496.411, 889 Florida Statutes, are amended to read: 890 496.411 Disclosure requirements and duties of charitable 891 organizations and sponsors.— 892 (3) Every charitable organization or sponsor thatwhichis 893 required to register under s. 496.405 must conspicuously display 894in capital letters the following statementon every printed 895 solicitation, written confirmation, receipt, or reminder of a 896 contribution: 897 (a) Its registration number; and 898 (b) The following statement written in capital letters 899 which must include a toll-free telephone number for the division 900 which can be used to obtain the registration information: 901 902 “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL 903 INFORMATION MAY BE OBTAINED FROM THE DIVISION OF 904 CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE 905 STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, 906 APPROVAL, OR RECOMMENDATION BY THE STATE.” 907 908 IfThe statement must include a toll-free number for the909division that can be used to obtain the registration910information. Whenthe solicitation consists of more than a 911 single itemone piece, the registration number and statement 912 must be displayed prominently in the solicitation materials. 913(6) Each charitable organization or sponsor that is914required to register under s.496.405shall conspicuously915display the following information on every printed solicitation,916written confirmation, receipt, or reminder of a contribution:917(a) The organization’s or sponsor’s registration number918issued by the department under this chapter.919(b) The percentage, if any, of each contribution that is920retained by any professional solicitor that has contracted with921the organization or sponsor.922(c) The percentage of each contribution that is received by923the organization or sponsor.924 925If the solicitation consists of more than a single item, the926statement shall be displayed prominently in the solicitation927materials.928 Section 15. Subsection (2) of section 496.415, Florida 929 Statutes, is amended to read: 930 496.415 Prohibited acts.—It is unlawful for any person in 931 connection with the planning, conduct, or execution of any 932 solicitation or charitable or sponsor sales promotion to: 933 (2) Knowingly file false,ormisleading, or inaccurate 934 information in aanydocumentrequired to befiled with the 935 department, provided to the public, or in response to aany936 request or investigation by the department, the Department of 937 Legal Affairs, or the State Attorney. 938 Section 16. Present subsections (4) through (9) of section 939 496.419, Florida Statutes, are redesignated as subsections (5) 940 through (10), respectively, a new subsection (4) is added to 941 that section, and present subsections (4) through (9) are 942 amended, to read: 943 496.419 Powers of the department.— 944 (4) A violation of s. 496.415(3), (5), (6), (10), (12), 945 (13), or (14) constitutes an immediate threat to the public 946 health, safety, and welfare and is sufficient grounds for the 947 department to issue an immediate order to cease and desist all 948 solicitation activities. The order acts as an immediate final 949 order under s. 120.569(2)(n) and shall remain in effect until 950 the violation has been remedied pursuant to this part. 951 (5)(4)The department may enter an order imposing one or 952 more of the penalties set forth in subsection (6)(5)if the 953 department finds that a charitable organization, sponsor, 954 professional fundraising consultant, or professional solicitor, 955 or an agent, servant, or employee thereof has: 956 (a) Violated or is operating in violation ofany of the957provisions ofss. 496.401-496.424 or s. 496.426 or of the rules 958 adopted or orders issued thereunder; 959 (b) Made a material false statement in an application, 960 statement, or report required to be filed under ss. 496.401 961 496.424 or s. 496.426; 962 (c) Refused or failed, or any of its principal officers has 963 refused or failed, after notice, to produce theanyrecords of 964 such organization or to discloseanyinformation required to be 965 disclosed under ss. 496.401-496.424 or s. 496.426 or the rules 966 of the department; or 967 (d) Made a material false statement in response to aany968 request or investigation by the department, the Department of 969 Legal Affairs, or the State Attorney. 970 (6)(5)Upon a finding as set forth in subsection (5)(4), 971 the department may enter an order doing one or more of the 972 following: 973 (a) Issuing a notice of noncompliance pursuant to s. 974 120.695; 975 (b) Issuing a cease and desist order that directs that the 976 person cease and desist specified fundraising activities; 977 (c) Refusing to register or canceling or suspending a 978 registration; 979 (d) Placing the registrant on probation for a period of 980 time, subject to such conditions as the department may specify; 981 (e) Canceling an exemption granted under s. 496.406; and 982 (f) Imposing an administrative fine not to exceed $1,000 983 for each act or omission thatwhichconstitutes a violation of 984 ss. 496.401-496.424 or s. 496.426 or a rule or order. 985 986 With respect to a s. 501(c)(3) organization, the penalty imposed 987 pursuant to this subsection mayshallnot exceed $500 per 988 violation. The penalty isshall bethe entire amount per 989 violation and mayisnottobe interpreted as a daily penalty. 990 (7)(6)Except as otherwise provided in this section, the 991 administrative proceedings that could result in the entry of an 992 order imposingany ofthe penalties specified in subsection (6) 993(5)are governed by chapter 120, except that the applicable 994 provisions and time limits specified in s. 496.405(7), s. 995 496.409(6), or s. 496.410(5) apply if the department determines 996 that a registration should be refused. 997 (8)(7)The department may forward an investigative report 998 and supporting documentation of ananyinvestigation conducted 999 pursuant to this section to the Department of Legal Affairs. The 1000 report must identify proposedanyadministrative actions or 1001 actions thatare proposed orhave been commenced by the 1002 department in accordance with subsection (5)(4). 1003 (9)(8)The department shall report aanysubstantiated 1004 criminal violation of ss. 496.401-496.424 or s. 496.426 to the 1005 proper prosecuting authority for prompt prosecution. 1006 (10)(9)All fines collected by the department under 1007 subsection (6)(5)must be paid into the General Inspection 1008 Trust Fund. 1009 Section 17. Subsections (1), (2), and (4) of section 1010 501.016, Florida Statutes, are amended to read: 1011 501.016 Health studios; security requirements.—Each health 1012 studio that sells contracts for health studio services shall 1013 meet the following requirements: 1014 (1) Each health studio shall maintain for each separate 1015 business location a bond issued by a surety company admitted to 1016 do business in this state. The principal sum of the bond must be 1017 $25,000shall be$50,000, and the bond, when required, shall be 1018 obtained before a business tax receipt may be issued under 1019 chapter 205. Upon issuance of a business tax receipt, the 1020 licensing authority shall immediately notify the department of 1021 such issuance in a manner established by the department by rule. 1022 The bond shall be in favor of the state for the benefit of any 1023 person injured as a result of a violation of ss. 501.012 1024 501.019. The aggregate liability of the surety to all persons 1025 for all breaches of the conditions of suchthebonds may not 1026provided herein shall in no eventexceed the amount of the bond. 1027 The original surety bond required by this section shall be filed 1028 with the department. 1029 (2) In lieu of maintaining the bond required in subsection 1030 (1), the health studio may furnish to the department: 1031 (a) An irrevocable letter of credit from aanyforeign or 1032 domestic bank in the amount of $25,000$50,000; or 1033 (b) A guaranty agreement thatwhichis secured by a 1034 certificate of deposit in the amount of $25,000$50,000. 1035 1036 The original letter of credit or certificate of deposit 1037 submitted in lieu of the bond shall be filed with the 1038 department. The department shall determinedecidewhether the 1039 security furnished in lieu of bond by the health studio is in 1040 compliance with the requirements of this section. 1041 (4) If the health studio furnishes the department with 1042 evidence satisfactory to the department that the aggregate 1043 dollar amount of all current outstanding contracts of the health 1044 studio is less than $5,000, the department may, at its 1045 discretion, reduce the principal amount of the surety bond or 1046 other sufficient financial responsibility required in 1047 subsections (1) and (2) to a sum of not less than $10,000. 1048 However, the health studio shall notify the departmentatany 1049 time the aggregate dollar amount of such contracts exceeds 1050 $5,000, the health studio shall so notify the departmentand 1051 shall thereupon provide the bond or other documentation as 1052 required in subsections (1) and (2). Health studios whose bonds 1053 have been reduced must provide the department with an annually 1054 updated list of members. The department shall raise the security 1055 requirement to $25,000 for a health studio that failsFailureto 1056 file an annual reportwill result in the department raising the1057security requirement to$50,000. 1058 Section 18. Subsection (4) of section 501.059, Florida 1059 Statutes, is amended to read: 1060 501.059 Telephone solicitation.— 1061 (4)(a) ANotelephone solicitor may notshallmake or cause 1062 to be made any unsolicited telephonic sales call to aany1063 residential, mobile, or telephonic paging device telephone 1064 number if the number for that telephone appears in the then 1065 current quarterly listing published by the department. AAny1066 telephone solicitor or person who offers for saleanyconsumer 1067 information thatwhichincludes residential, mobile, or 1068 telephonic paging device telephone numbers, except directory 1069 assistance and telephone directories sold by telephone companies 1070 and organizations exempt under s. 501(c)(3) or (6) of the 1071 Internal Revenue Code, shall screen and exclude those numbers 1072 thatwhichappear on the division’s then-current “no sales 1073 solicitation calls” list. This subsection does not apply to a 1074anyperson licensed pursuant to chapter 475 who calls an actual 1075 or prospective seller or lessor of real property when such call 1076 is made in response to a yard sign or other form of 1077 advertisement placed by the seller or lessor. 1078 (b) A person is in violation of this subsection if the 1079 person initiates an outbound telephonic sales call to a consumer 1080 who has previously communicated to the telephone solicitor that 1081 he or she does not wish to receive an outbound telephone call: 1082 1. Made by or on behalf of the seller whose goods or 1083 services are being offered; or 1084 2. Made by or on behalf of a charitable organization for 1085 which a charitable contribution is being solicited. 1086 Section 19. Subsections (1) and (2) of section 501.603, 1087 Florida Statutes, are amended to read: 1088 501.603 Definitions.—As used in this part, unless the 1089 context otherwise requires, the term: 1090 (1) “Commercial telephone solicitation” means: 1091 (a) An unsolicited telephone call to a person initiated by 1092 a commercial telephone seller or salesperson, or an automated 1093 dialing machine used in accordance with the provisions of s. 1094 501.059(7) for the purpose of inducing the person to purchase or 1095 invest in consumer goods or services; 1096 (b) Other communication with a person where: 1097 1. A gift, award, or prize is offered; or 1098 2. A telephone call response is invited; and 1099 3. The salesperson intends to complete a sale or enter into 1100 an agreement to purchase or invest in consumer goods or services 1101 during the course of the telephone call; or 1102 (c) Other communication with a person which represents a 1103 price, quality, or availability of consumer goods or services 1104 and which invites a response by telephone or which is followed 1105 by a call to the person by a salesperson. 1106 1107 For purposes of this section, “other communication” means a 1108 written or oral notification or advertisement transmitted 1109 through any means. Also, for purposes of this section, “invites 1110 a response by telephone” does not mean the mere listing or 1111 including of a telephone number in a notification or 1112 advertisement. 1113 (2) “Commercial telephone seller” means aanyperson who 1114 engages in commercial telephone solicitation on his or her own 1115 behalf or through salespersons, except that a commercial 1116 telephone seller does not includeany of thepersons or entities 1117 operating under a properly filed and valid affidavit of 1118 exemption pursuant toexempted from this part bys. 501.604. A 1119 commercial telephone seller does not include a salesperson as 1120 defined in subsection (10). A commercial telephone seller 1121 includes, but is not limited to, owners, operators, officers, 1122 directors, partners, or other individuals engaged in the 1123 management activities of a business entity pursuant to this 1124 part. 1125 Section 20. Subsections (4), (7), (10), (14), and (24) of 1126 section 501.604, Florida Statutes, are amended to read: 1127 501.604 Exemptions.—The provisions of this part, except ss. 1128 501.608 and 501.616(6) and (7), do not apply to: 1129 (4) AAnylicensed securities, commodities, or investment 1130 broker, dealer, or investment adviser, when soliciting within 1131 the scope of his or her license, or aanylicensed associated 1132 person of a securities, commodities, or investment broker, 1133 dealer, or investment adviser, when soliciting within the scope 1134 of his or her license. As used in this section, “licensed 1135 securities, commodities, or investment broker, dealer, or 1136 investment adviser” means a person subject to license or 1137 registration as such by the Securities and Exchange Commission, 1138 by the Financial Industry Regulatory AuthorityNational1139Association of Securities Dealersor other self-regulatory 1140 organization as defined by the Securities Exchange Act of 1934, 1141 15 U.S.C. s. 78l, or by an official or agency of this or another 1142 stateor of any stateof the United States. As used in this 1143 section, “licensed associated person of a securities, 1144 commodities, or investment broker, dealer, or investment 1145 adviser” means ananyassociated person registered or licensed 1146 by the Financial Industry Regulatory AuthorityNational1147Association of Securities Dealersor other self-regulatory 1148 organization as defined by the Securities Exchange Act of 1934, 1149 15 U.S.C. s. 78l, or by an official or agency of this or another 1150 stateor ofanystateof the United States. 1151 (7) AAnysupervised financial institution or parent, 1152 subsidiary, or affiliate thereof operating within the scope of 1153 the supervised activity. As used in this section, “supervised 1154 financial institution” means aanycommercial bank, trust 1155 company, savings and loan association, mutual savings bank, 1156 credit union, industrial loan company, consumer finance lender, 1157 commercial finance lender, or insurer, provided that the 1158 institution is subject to supervision by an official or agency 1159 of this state, of any state, or of the United States. For the 1160 purposes of this exemption, “affiliate” means a person who 1161 directly, or indirectly through one or more intermediaries, 1162 controls or is controlled by, or is under common control with, a 1163 supervised financial institution. 1164 (10) A business-to-business sale where: 1165 (a) The commercial telephone seller has been lawfully 1166 operating continuously for at least 3 years under the same 1167 business name and has at least 50 percent of its dollar volume 1168 consisting of repeat sales to existing businesses; 1169 (b) The purchaser business intends to resell or offer for 1170 purposes of advertisement or as a promotional item the property 1171 or goods purchased; or 1172 (c) The purchaser business intends to use the property or 1173 goods purchased in a recycling, reuse, remanufacturing, or 1174 manufacturing process. 1175 (14) A telephone company subject to the provisions of 1176 chapter 364, or affiliate thereof or its agents, or a 1177 telecommunications business thatwhichis regulated by the 1178 Florida Public Service Commission, or a Federal Communications 1179 Commission licensed cellular telephone company or other bona 1180 fide radio telecommunication services provider. For the purposes 1181 of this exemption, “affiliate” means a person who directly, or 1182 indirectly through one or more intermediaries, controls or is 1183 controlled by, or is under common control with, a telephone 1184 company subject to the provisions of chapter 364. 1185 (24) An entity thatAny person whichhas been lawfully 1186 providing telemarketing sales services continuously for at least 1187 5 years under the same ownership and control and thatwhich1188 derives 75 percent of its gross telemarketing sales revenues 1189 from contracts with persons exempted in this section. 1190 Section 21. Present paragraphs (c) through (h) of 1191 subsection (1) of section 501.607, Florida Statutes, are 1192 redesignated as paragraphs (b) through (g), respectively, and 1193 present paragraph (b) of subsection (1) of that section is 1194 amended, to read: 1195 501.607 Licensure of salespersons.— 1196 (1) An applicant for a license as a salesperson must submit 1197 to the department, in such form as it prescribes, a written 1198 application for a license. The application must set forth the 1199 following information: 1200(b) Each business or occupation engaged in by the applicant1201during the 3 years immediately preceding the date of the1202application, and the location thereof.1203 Section 22. Paragraph (b) of subsection (1) and subsections 1204 (2) and (3) of section 501.608, Florida Statutes, are amended to 1205 read: 1206 501.608 License or affidavit of exemption; occupational 1207 license.— 1208 (1) 1209 (b) AAnycommercial telephone seller that claimsclaiming1210 to be exempt from the act under s. 501.604(2), (3), (5), (6), 1211 (9), (10), (11), (12), (17), (21), (22), (24), or (26) must file 1212 with the department a notarized affidavit of exemption. The 1213 affidavit of exemption must be on forms prescribed by the 1214 department and must require the name of the commercial telephone 1215 seller, the name of the business, and the business address. A 1216Anycommercial telephone seller that maintainsmaintainingmore 1217 than one business may file a single notarized affidavit of 1218 exemption that clearly indicates the location of each place of 1219 business. If a change of ownership occurs, the commercial 1220 telephone seller must notify the department. At the request of 1221 the department, the commercial telephone seller shall provide 1222 sales scripts, contracts, and other documentation in order to 1223 determine if the affidavit of exemption is appropriate before 1224 accepting such affidavit for filing. 1225 (2) Each licensee or person operating under a valid and 1226 appropriately filed exemptionclaiming an exemptionshall 1227 prominently display his or her license or a copy of his or her 1228 receipt of filing of the affidavit of exemption at each location 1229 where he or she does business. Each licensee or person claiming 1230 an exemption shall make the license or the receipt of filing 1231copyof the affidavit of exemption available for inspection upon 1232 request by aby anygovernmental agencyupon request. 1233 (3) Failure to obtain or display a license ora copy ofthe 1234 receipt of filing of an affidavit of exemption is sufficient 1235 grounds for the department to issue an immediate cease and 1236 desist order, which actsshall actas an immediate final order 1237 under s. 120.569(2)(n). The order shallmayremain in effect 1238 until the commercial telephone seller or a person claiming to be 1239 exempt shows the authorities that he or she is properly licensed 1240 or exempt. The department may order the business to cease 1241 operations and shall order the phones to be shut off. Failure of 1242 a salesperson to display a license or the receipt of filing of 1243 an affidavit of exemption may result in the salesperson being 1244 summarily ordered by the department to leave the office until he 1245 or she can produce a license or a receipt of filing of an 1246 affidavit of exemption for the department. 1247 Section 23. Subsection (3) of section 501.611, Florida 1248 Statutes, is amended to read: 1249 501.611 Security.— 1250 (3) The bond shall be posted with the department and must 1251 remain in force throughout the period of licensure with the 1252 department. 1253 Section 24. Subsection (12) of section 501.615, Florida 1254 Statutes, is amended to read: 1255 501.615 Written contract; cancellation; refund.— 1256 (12) A sale in which the consumer is given a full refund 1257 for the return of undamaged and unused goods or in which a 1258 cancellation of services notice is given to the seller within 7 1259 days after the date of the sale is exempt from the requirements 1260 of subsections (1)-(5). A commercial telephone seller or 1261 salesperson engaged in activity regulated by chapter 721 must 1262 comply with s. 721.205Exempt from the requirements of1263subsections (1)-(5)is any sale in which the consumer is given a1264full refund for the return of undamaged and unused goods or a1265cancellation of services notice is given to the seller,within 71266days afterreceipt of the goods or services by the consumer, and1267the seller shall process the refund within 30 days after receipt1268of the returned merchandise by the consumer. 1269 Section 25. Subsection (1) of section 501.617, Florida 1270 Statutes, is amended to read: 1271 501.617 Investigative powers of enforcing authority.— 1272 (1) If, by her or his own inquiries or as a result of 1273 complaints, the enforcing authority has reason to believe that a 1274 person has engaged in, or is engaging in, an act or practice 1275 that violates the provisions of this part, she or he may 1276 administer oaths and affirmations, subpoena witnesses or matter, 1277 conduct regulatory inspections, and collect evidence. Within 10 1278 days after the service of a subpoena or at any time before the 1279 return date specified therein, whichever is longer, the party 1280 served may file in the circuit court in the county in which she 1281 or he resides or in which she or he transacts business and serve 1282 upon the enforcing authority a petition for an order modifying 1283 or setting aside the subpoena. The petitioner may raise anany1284 objection or privilege thatwhichwould be available under this 1285 part or upon service of such subpoena in a civil action. The 1286 subpoena mustshallinform the party served of her or his rights 1287 under this subsection. 1288 Section 26. Subsection (10) is added to section 507.03, 1289 Florida Statutes, to read: 1290 507.03 Registration.— 1291 (10) Upon the request of the department, each moving broker 1292 shall provide a complete list of the movers it has contracted or 1293 affiliated with, advertises on behalf of, arranges moves for, or 1294 to which it refers shippers. Such list, at a minimum, must 1295 include the mover’s complete name, address, telephone number, 1296 email address, and name of the owner or other principal. 1297 Section 27. Paragraph (b) of subsection (1) of section 1298 507.04, Florida Statutes, is amended to read: 1299 507.04 Required insurance coverages; liability limitations; 1300 valuation coverage.— 1301 (1) LIABILITY INSURANCE.— 1302 (b) A mover that operates two or fewer vehicles, in lieu of 1303 maintaining the liability insurance coverage required under 1304 paragraph (a), may, and each moving broker must,maintain one of 1305 the following alternative coverages: 1306 1. A performance bond in the amount of $25,000, for which 1307 the surety of the bond must be a surety company authorized to 1308 conduct business in this state; or 1309 2. A certificate of deposit in a Florida banking 1310 institution in the amount of $25,000. 1311 1312 The original bond or certificate of deposit must be filed with 1313 the department and must designate the department as the sole 1314 beneficiary. The department must use the bond or certificate of 1315 deposit exclusively for the payment of claims to consumers who 1316 are injured by the fraud, misrepresentation, breach of contract, 1317 misfeasance, malfeasance, or financial failure of the moveror1318moving brokeror by a violation of this chapter by the moveror1319broker. Liability for these injuries may be determined in an 1320 administrative proceeding of the department or through a civil 1321 action in a court of competent jurisdiction. However, claims 1322 against the bond or certificate of deposit mustonlybe paid, in 1323 amounts not to exceed the determined liability for these 1324 injuries, only by order of the department in an administrative 1325 proceeding. The bond or certificate of deposit is subject to 1326 successive claims, but the aggregate amount of these claims may 1327 not exceed the amount of the bond or certificate of deposit. 1328 Section 28. Subsections (7) and (8) are added to section 1329 507.07, Florida Statutes, to read: 1330 507.07 Violations.—It is a violation of this chapter to: 1331 (7) Conduct business as a moving broker, advertise to 1332 engage in the business of a moving broker, or offer to perform a 1333 move through a subcontract or agreement with a mover who is not 1334 registered with the department under this part. 1335 (8) Conduct business as a mover, advertise to engage in the 1336 business of moving, or offer to perform a move through a 1337 subcontract or agreement with a moving broker who is not 1338 registered with the department pursuant to the provisions on 1339 this part. 1340 Section 29. Paragraph (c) of subsection (1) of section 1341 525.01, Florida Statutes, is amended to read: 1342 525.01 Gasoline and oil to be inspected.— 1343 (1) For the purpose of this chapter: 1344 (c) “Alternative fuel” means: 1345 1. Methanol, denatured ethanol, or other alcohols; 1346 2. Mixtures of gasoline or other fuels with methanol, 1347 denatured ethanol, or other alcoholsMixtures containing 851348percent or more by volume of methanol, denatured ethanol, or1349other alcohols with gasoline or other fuels, or such other1350percentage, but not less than 70 percent, as determined by the1351department by rule, to provide for requirements relating to cold1352start, safety, or vehicle functions; 1353 3. Hydrogen; 1354 4. Coal-derived liquid fuels; and 1355 5. Fuels, other than alcohol, derived from biological 1356 materials. 1357 Section 30. Subsections (2) through (4) of section 525.09, 1358 Florida Statutes, are repealed. 1359 Section 31. Section 525.10, Florida Statutes, is amended to 1360 read: 1361 525.10Moneys to be paid into State Treasury;Payment of 1362 expenses.—All moneys payable under this chapter shall be payable1363to the department and shall be paid by it into the State1364Treasury monthly to be deposited into the General Inspection1365Trust Fund.All expenses incurred in the enforcement of this 1366 chapter and other inspection laws of this state for which fees 1367 or taxes are collected, including acquiring equipment and other 1368 property, shall be paid from the General Inspection Trust Fund. 1369 No money mayshallbe paid to ananyinspector or employee 1370 created under this chapter except from the funds collected from 1371 the administration of this chapter. 1372 Section 32. Subsection (20) is added to section 527.01, 1373 Florida Statutes, to read: 1374 527.01 Definitions.—As used in this chapter: 1375 (20) “License year” means the period from either September 1376 1 through the following August 31, or April 1 through the 1377 following March 31, depending upon the type of license. 1378 Section 33. Subsections (1) and (3) and paragraphs (a) and 1379 (c) of subsection (5) of section 527.0201, Florida Statutes, are 1380 amended to read: 1381 527.0201 Qualifiers; master qualifiers; examinations.— 1382 (1) In addition to the requirements of s. 527.02, aany1383 person applying for a license to engage in the activities of a 1384 pipeline system operator, category I liquefied petroleum gas 1385 dealer, category II liquefied petroleum gas dispenser, category 1386 IV liquefied petroleum gas dispenser and recreational vehicle 1387 servicer, category V liquefied petroleum gases dealer for 1388 industrial uses only, LP gas installer, specialty installer, 1389 requalifierrequalificationof cylinders, or fabricator, 1390 repairer, and tester of vehicles and cargo tanks must prove 1391 competency by passing a written examination administered by the 1392 department or its agent with a grade of at least 75 percent in 1393 each area testedorabove. Each applicant for examination shall 1394 submit a $20 nonrefundable fee. The department shall by rule 1395 specify the general areas of competency to be covered by each 1396 examination and the relative weight to be assigned in grading 1397 each area tested. 1398 (3) Qualifier cards issued to category I liquefied 1399 petroleum gas dealers and liquefied petroleum gas installers 1400shallexpire 3 years after the date of issuance. All category I 1401 liquefied petroleum gas dealer qualifiers and liquefied 1402 petroleum gas installer qualifiers holding a valid qualifier 1403 card upon the effective date of this actshallretain their 1404 qualifier status until July 1, 2003, and may sit for the master 1405 qualifier examination at any time during that time period. All 1406 such category I liquefied petroleum gas dealer qualifiers and 1407 liquefied petroleum gas installer qualifiers may renew their 1408 qualification on or before July 1, 2003, upon application to the 1409 department, payment of a $20 renewal fee, and documentation of 1410 the completion of a minimum of 1612hours approved continuing 1411 education courses, as defined by department rule, during the 1412 previous 3-year period. Applications for renewal must be made 30 1413 calendar days beforeprior toexpiration. Persons failing to 1414 renew beforeprior tothe expiration date must reapply and take 1415 a qualifier competency examination in order to reestablish 1416 category I liquefied petroleum gas dealer qualifier and 1417 liquefied petroleum gas installer qualifier status. If a 1418 category I liquefied petroleum gas qualifier or liquefied 1419 petroleum gas installer qualifier becomes a master qualifier at 1420 any time during the effective date of the qualifier card, the 1421 card remainsshall remainin effect until expiration of the 1422 master qualifier certification. 1423 (5) In addition to all other licensing requirements, each 1424 category I liquefied petroleum gas dealer and liquefied 1425 petroleum gas installer must, at the time of application for 1426 licensure, identify to the department one master qualifier who 1427 is a full-time employee at the licensed location. The master 1428 qualifier mustThis person shallbe a manager, owner, or 1429 otherwise primarily responsible for overseeing the operations of 1430 the licensed location and must provide documentation to the 1431 department as provided by rule. The master qualifier requirement 1432 isshall bein addition to the requirements of subsection (1). 1433 (a) In order to apply for certification as a master 1434 qualifier, each applicant must be a category I liquefied 1435 petroleum gas dealer qualifier or liquefied petroleum gas 1436 installer qualifier, must be employed by a licensed category I 1437 liquefied petroleum gas dealer, liquefied petroleum gas 1438 installer, or applicant for such license, must provide 1439 documentation of a minimum of 1 year’s work experience in the 1440 gas industry, and must pass a master qualifier competency 1441 examination. Master qualifier examinations shall be based on 1442 Florida’s laws, rules, and adopted codes governing liquefied 1443 petroleum gas safety, general industry safety standards, and 1444 administrative procedures. The applicant must pass the 1445 examinationmust be successfullycompletedby the applicantwith 1446 a grade of at least 75 percentormore. Each applicant for 1447 master qualifier status shall submit to the department a 1448 nonrefundable $30 examination fee beforeprior tothe 1449 examination. 1450 (c) Master qualifier status expiresshall expire3 years 1451 after the date of issuance of the certificate and may be renewed 1452 by submission to the department of documentation of completion 1453 of at least 1612hours of approved continuing education courses 1454 during the 3-year period; proof of employment with a licensed 1455 category I liquefied petroleum gas dealer, liquefied petroleum 1456 gas installer, or applicant; and a $30 certificate renewal fee. 1457 The department shall define, by rule, approved courses of 1458 continuing education. 1459 Section 34. Section 527.03, Florida Statutes, is amended to 1460 read: 1461 527.03 Annual renewal of license.—All licenses required 1462 under this chapter shall be renewed annually subject to the 1463 license fees prescribed in s. 527.02. With the exception of the 1464 Category III Liquefied Petroleum Gas Cylinder Exchange Operator 1465 license and the Dealer in Appliances and Equipment for Use of 1466 Liquefied Petroleum Gas license, all licenses shall be renewed 1467 for the period beginning September 1 andshallexpire on the 1468 following August 31 unless sooner suspended, revoked, or 1469 otherwise terminated. All Category III Liquefied Petroleum Gas 1470 Cylinder Exchange Operator licenses and Dealer in Appliances and 1471 Equipment for Use of Liquefied Petroleum Gas licenses shall be 1472 renewed for the period beginning April 1 and expire on the 1473 following March 31 unless sooner suspended, revoked, or 1474 otherwise terminated. AAnylicense allowed to expire becomeson1475August 31shall becomeinoperative because of failure to renew. 1476 The fee for restoration of a license is equal to the original 1477 license fee and must be paid before the licensee may resume 1478 operations. 1479 Section 35. Subsection (3) of section 531.415, Florida 1480 Statutes, is amended to read: 1481 531.415 Fees.— 1482 (3)Anypetroleum product taxed under s.525.09and any1483 Petroleum equipment that is used to measure petroleum fuel, as 1484 defined in s. 525.01, and owned by a person licensed pursuant to 1485 chapter 206 is exempt from the fees established in this section. 1486 Section 36. Subsection (3) of section 531.61, Florida 1487 Statutes, is amended to read: 1488 531.61 Exemptions from permit requirement.—Commercial 1489 weights or measures instruments or devices are exempt from the 1490 permit requirements of ss. 531.60-531.66 if: 1491 (3) The device is used exclusively for measuring aviation 1492 fuel or petroleum products inspectedtaxedunder chapter 525s.1493525.09. 1494 Section 37. Section 40 of chapter 2009-66, Laws of Florida, 1495 is amended to read: 1496 Section 40. Sections 531.60, 531.61, 531.62, 531.63, 1497 531.64, 531.65, and 531.66, Florida Statutes, as created by this 1498 act, shall expire July 1, 20202014. 1499 Section 38. Paragraph (c) of subsection (5) of section 1500 539.001, Florida Statutes, is amended to read: 1501 539.001 The Florida Pawnbroking Act.— 1502 (5) APPLICATION FOR LICENSE.— 1503 (c) Each initial application for a license must be 1504 accompanied by a complete set of fingerprints taken by an 1505 authorized law enforcement officer or a fingerprinting service 1506 provider approved by the Department of Law Enforcement, $300 for 1507 the first year’s license fee, and the actual cost to the agency 1508 for fingerprint analysis for each person subject to the 1509 eligibility requirements. The agency shall submit the 1510 fingerprints to the Department of Law Enforcement for state 1511 processing, and the Department of Law Enforcement shall forward 1512 the fingerprints to the Federal Bureau of Investigation for a 1513 national criminal history check. These fees and costs are not 1514 refundable. 1515 Section 39. Subsection (1) of section 559.802, Florida 1516 Statutes, is amended to read: 1517 559.802 Franchises; exemption.— 1518 (1) The sale of a franchise is exempt from this part if: 1519 (a) The franchise meets the definition of that term as 1520 defined by the Federal Trade Commission regulations entitled, 1521 “Disclosure Requirements and Prohibitions Concerning Franchising 1522 and Business Opportunity Ventures,” as set forth in 16 C.F.R. 1523 ss. 436.1 et seq.; and 1524 (b) Before offering for sale or selling a franchise to be 1525 located in this state or to a resident of this state, the 1526 franchisor files a notice with the department stating that the 1527 franchisor is in substantial compliance with the requirements of 1528 the Federal Trade Commission rule, and pays a fee in an amount 1529 set by the department, not exceeding $100. This notice shall be 1530 filed on a form promulgated by the department. 1531 Section 40. Section 559.803, Florida Statutes, is amended 1532 to read: 1533 559.803 Disclosure statement.—At least 3 working days prior 1534 to the time the purchaser signs a business opportunity contract, 1535 or at least 3 working days prior to the receipt of any 1536 consideration by the seller, whichever occurs first, the seller 1537 must provide the prospective purchaser a written document, the 1538 cover sheet of which is entitled in at least 12-point boldfaced 1539 capital letters “DISCLOSURES REQUIRED BY FLORIDA LAW.” Under 1540 this title shall appear the following statement in at least 10 1541 point type: “The State of Florida has not reviewed and does not 1542 approve, recommend, endorse, or sponsor any business 1543 opportunity. The information contained in this disclosure has 1544 not been verified by the state. If you have any questions about 1545 this investment, see an attorney before you sign a contract or 1546 agreement.” Nothing except the title and required statement 1547 shall appear on the cover sheet. Immediately following the cover 1548 sheet, the seller must provide an index page that briefly lists 1549 the contents of the disclosure document as required in this 1550 section and any pages on which the prospective purchaser can 1551 find each required disclosure. At the top of the index page, the 1552 following statement must appear in at least 10-point type: “The 1553 State of Florida requires sellers of business opportunities to 1554 disclose certain information to prospective purchasers. This 1555 index is provided to help you locate this information.” If the 1556 index contains other information not required by this section, 1557 the seller shall place a designation beside each of the 1558 disclosures required by this section and provide an explanation 1559 of the designation at the end of the statement at the top of the 1560 index page. The disclosure document shall contain the following 1561 information: 1562 (1) The name of the seller; whether the seller is doing 1563 business as an individual, partnership, corporation, or other 1564 business entity; the names under which the seller has done 1565 business; and the name of any parent or affiliated company that 1566 will engage in business transactions with the purchasers or who 1567 takes responsibility for statements made by the seller. 1568 (2) The names, addresses, and titles of the seller’s 1569 officers, directors, trustees, general partners, general 1570 managers, and principal executives and of any other persons 1571 charged with the responsibility for the seller’s business 1572 activities relating to the sale of business opportunities. 1573 (3) The length of time the seller has: 1574 (a) Sold business opportunities; or 1575 (b) Sold business opportunities involving the products, 1576 equipment, supplies, or services currently being offered to the 1577 purchaser. 1578 (4) A full and detailed description of the actual services 1579 that the business opportunity seller undertakes to perform for 1580 the purchaser. 1581 (5) A copy of a current (not older than 13 months) 1582 financial statement of the seller, updated to reflect material 1583 changes in the seller’s financial condition. 1584 (6) If training is promised by the seller, a complete 1585 description of the training, the length of the training, and the 1586 cost or incidental expenses of that training, which cost or 1587 expense the purchaser will be required to incur. 1588 (7) If the seller promises services to be performed in 1589 connection with the placement of the equipment, product, or 1590 supplies at a location, the full nature of those services as 1591 well as the nature of the agreements to be made with the owners 1592 or managers of the location where the purchaser’s equipment, 1593 product, or supplies will be placed. 1594 (8) If the business opportunity seller is required to 1595 secure a bond, guaranteed letter of credit, or certificate of 1596 deposit pursuant to s. 559.807, either of the following 1597 statements: 1598 (a) “As required by Florida law, the seller has secured a 1599 bond issued by ...., a surety company authorized to do business 1600 in this state. Before signing a contract to purchase this 1601 business opportunity, you should confirm the bond’s status with 1602 the surety company.”; or 1603 (b) “As required by Florida law, the seller has established 1604 a guaranteed letter of credit or certificate of deposit 1605 ...(number of account)... with ...(name and address of bank or 1606 savings institution).... Before signing a contract to purchase 1607 this business opportunity, you should confirm with the bank or 1608 savings institution the current status of the guaranteed letter 1609 of credit or certificate of deposit.” 1610 (9) The following statement: “If the seller fails to 1611 deliver the product, equipment, or supplies necessary to begin 1612 substantial operation of the business within 45 days of the 1613 delivery date stated in your contract, you may notify the seller 1614 in writing and cancel your contract.” 1615 (10) If the seller makes any statement concerning sales or 1616 earnings or a range of sales or earnings that may be made 1617 through this business opportunity, a statement disclosing: 1618 (a) The total number of purchasers of business 1619 opportunities involving the product, equipment, supplies, or 1620 services being offered who have actually achieved sales of or 1621 received earnings in the amount or range specified within 3 1622 years prior to the date of the disclosure statement. 1623 (b) The total number of purchasers of business 1624 opportunities involving the product, equipment, supplies, or 1625 services being offered within 3 years prior to the date of the 1626 disclosure statement. 1627 (11)(a) The total number of persons who purchased the 1628 business opportunity being offered by the seller within the past 1629 3 years. 1630 (b) The names, addresses, and telephone numbers of the 10 1631 persons who previously purchased the business opportunity from 1632 the seller and who are geographically closest to the potential 1633 purchaser. 1634 (12) A statement disclosing who, if any, of the persons 1635 listed in subsections (1) and (2): 1636 (a) Has, at any time during the previous 10 fiscal years, 1637 regardless of adjudication, been convicted of, or found guilty 1638 of, or pled guilty or nolo contendere to, or has been 1639 incarcerated within the last 10 years as a result of having 1640 previously been convicted of, or found guilty of, or pled guilty 1641 or nolo contendere to, a felony or a crime involving fraud, 1642 theft, larceny, violation of any franchise or business 1643 opportunity law or unfair or deceptive practices law, 1644 embezzlement, fraudulent conversion, misappropriation of 1645 property, or restraint of trade. 1646 (b) Has, at any time during the previous 7 fiscal years, 1647 been held liable in a civil action resulting in a final judgment 1648 or has settled out of court any civil action or is a party to 1649 any civil action involving allegations of fraud (including 1650 violation of any franchise or business opportunity law or unfair 1651 or deceptive practices law), embezzlement, fraudulent 1652 conversion, misappropriation of property, or restraint of trade 1653 or any civil action which was brought by a present or former 1654 franchisee or franchisees and which involves or involved the 1655 franchise relationship. However, only material individual civil 1656 actions need be so listed pursuant to this paragraph, including 1657 any group of civil actions which, irrespective of the 1658 materiality of any single such action, in the aggregate is 1659 material. 1660 (c) Is subject to any currently effective state or federal 1661 agency or court injunctive or restrictive order, or has been 1662 subject to any administrative action in which an order by a 1663 governmental agency was rendered, or is a party to a proceeding 1664 currently pending in which such order is sought, relating to or 1665 affecting business opportunities activities or the business 1666 opportunity seller-purchaser relationship or involving fraud 1667 (including violation of any franchise or business opportunity 1668 law or unfair or deceptive practices law), embezzlement, 1669 fraudulent conversion, misappropriation of property, or 1670 restraint of trade. 1671 1672 Such statement shall set forth the identity and location of the 1673 court or agency; the date of conviction, judgment, or decision; 1674 the penalty imposed; the damages assessed; the terms of 1675 settlement or the terms of the order; and the date, nature, and 1676 issuer of each such order or ruling. A business opportunity 1677 seller may include a summary opinion of counsel as to any 1678 pending litigation, but only if counsel’s consent to the use of 1679 such opinion is included in the disclosure statement. 1680 (13) A statement disclosing who, if any, of the persons 1681 listed in subsections (1) and (2) at any time during the 1682 previous 7 fiscal years has: 1683 (a) Filed in bankruptcy. 1684 (b) Been adjudged bankrupt. 1685 (c) Been reorganized due to insolvency. 1686 (d) Been a principal, director, executive officer, or 1687 partner of any other person that has so filed or was so adjudged 1688 or reorganized during or within 1 year after the period that 1689 such person held such position in relation to such other person. 1690 If so, the name and location of the person having so filed or 1691 having been so adjudged or reorganized, the date thereof, and 1692 any other material facts relating thereto shall be set forth. 1693 (14) A copy of the business opportunity contractwhichthe 1694 seller uses as a matter of course and which is to be presented 1695 to the purchaser at closing. 1696 1697Should any seller of business opportunities prepare a disclosure1698statement pursuant to 16 C.F.R. ss. 436.1 et seq., a Trade1699Regulation Rule of the Federal Trade Commission regarding1700Disclosure Requirements and Prohibitions Concerning Franchising1701and Business Opportunity Ventures, the seller may file that1702disclosure statement in lieu of the document required pursuant1703to this section. Should the seller be required pursuant to 161704C.F.R. to prepare any other documents to be presented to the1705prospective purchaser, those documents shall also be filed with1706the department.1707 Section 41. Section 559.805, Florida Statutes, is repealed. 1708 Section 42. Subsection (2) of section 559.807, Florida 1709 Statutes, is repealed. 1710 Section 43. Present subsections (3) through (7) of section 1711 559.813, Florida Statutes, are redesignated as subsections (2) 1712 through (6), respectively, and present subsections (2), (5), and 1713 (8) of that section are amended, to read: 1714 559.813 Remedies; enforcement.— 1715(2)(a) The department may enter an order imposing one or1716more of the penalties set forth in paragraph (b) if the1717department finds that a seller or any of the seller’s principal1718officers or agents:17191. Violated or is operating in violation of any of the1720provisions of this part or of the rules adopted or orders issued1721thereunder;17222. Made a material false statement in any application,1723document, or record required to be submitted or retained under1724this part;17253. Refused or failed, after notice, to produce any document1726or record or disclose any information required to be produced or1727disclosed under this part or the rules of the department;17284. Made a material false statement in response to any1729request or investigation by the department, the Department of1730Legal Affairs, or the state attorney; or17315. Has intentionally defrauded the public through dishonest1732or deceptive means.1733(b) Upon a finding as set forth in paragraph (a), the1734department may enter an order doing one or more of the1735following:17361. Issuing a notice of noncompliance pursuant to s.1737120.695.17382. Imposing an administrative fine not to exceed $5,000 per1739violation for each act which constitutes a violation of this1740part or a rule or order.17413. Directing that the seller or its principal officers or1742agents cease and desist specified activities.17434. Refusing to issue or revoking or suspending an1744advertisement identification number.17455. Placing the registrant on probation for a period of1746time, subject to such conditions as the department may specify.1747(c) The administrative proceedings which could result in1748the entry of an order imposing any of the penalties specified in1749paragraph (b) shall be conducted in accordance with chapter 120.1750 (4)(5)The Department of Legal Affairs, the Department of1751Agriculture and Consumer Services,or the state attorney, if a 1752 violation of this part occurs in her or his judicial circuit, is 1753arethe enforcing authorityauthoritiesfor purposes of this 1754 part, andtheymay bring civil actions in circuit court for 1755 temporary or permanent injunctive relief and may seek other 1756 appropriate civil relief, including, but not limited to, a civil 1757 penalty not to exceed $5,000 for each violation, restitution and 1758 damages for injured purchasers of business opportunities, and 1759 court costs and reasonable attorneyattorney’sfees. 1760(8) The department has the authority to adopt rules1761pursuant to chapter 120 to implement this part.1762 Section 44. Section 559.815, Florida Statutes, is amended 1763 to read: 1764 559.815 Penalties.—AAnyperson whofails to file with the1765department as required by s.559.805or whocommits an act 1766 described in s. 559.809 is guilty of a felony of the third 1767 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1768 775.084. 1769 Section 45. Subsection (1) of section 559.9221, Florida 1770 Statutes, is amended to read: 1771 559.9221 Motor Vehicle Repair Advisory Council.—The Motor 1772 Vehicle Repair Advisory Council is created to advise and assist 1773 the department in carrying out this part. 1774 (1) The membership of the council may not exceed 9111775 members appointed by the Commissioner of Agriculture. 1776 (a) SixEightindustry members of the council must be 1777 chosen from individuals already engaged in the motor vehicle 1778 repair business who are eligible to be registered under this 1779 part. The professional members of this council must be licensed 1780 under this part. The commissioner shall select one industry 1781 member from each of the following categories: 1782 1. Independent automotive mechanics shops. 1783 2. Franchise or company-owned automotive mechanics shops. 1784 3. AutomotiveIndependent automotivecollision shops. 17854. Franchise or company-owned automotive collision shops.1786 4.5.Tire dealersIndependent tiredealer. 17876. Franchise or company-owned tire dealer.1788 5.7.Independent motor vehicle dealersdealerlicensed 1789 under s. 320.27. 1790 6.8.Franchise motor vehicle dealersdealerlicensed under 1791 s. 320.27. 1792 (b) One member of the council may be chosen from persons 1793 already engaged in motor vehicle repair service. 1794 (c) Two consumer members of the council must be residents 1795 of this state and maymustnot be connected with the motor 1796 vehicle repair business. 1797 (d) As terms of the members expire, the commissioner shall 1798 appoint successors for terms of 4 years. Membersshallserve 1799 from the time of their appointment until their successors are 1800 appointed. 1801 Section 46. Paragraphs (a) and (b) of subsection (9) of 1802 section 616.242, Florida Statutes, are amended to read: 1803 616.242 Safety standards for amusement rides.— 1804 (9) INSURANCE REQUIREMENTS.— 1805 (a) An owner may not operate an amusement ride unless the 1806 owner has in effect, at all times of operation, aninsurance1807meeting the following requirements:18081.Aninsurance policy in an amount of not less than $1 1809 million per occurrence, $1 million in the aggregate, which 1810 insures the owner of the amusement ride against liability for 1811 injury to persons arising out of the use of the amusement ride.;1812or18132. A bond in a like amount; however, the aggregate1814liability of the surety under the bond may not exceed the face1815amount thereof.1816 (b) The policyor bondmust be procured from an insureror1817suretythat is licensed to transact business in this state or 1818 that is approved as a surplus lines insurer. 1819 Section 47. Subsection (9) is added to section 721.20, 1820 Florida Statutes, to read: 1821 721.20 Licensing requirements; suspension or revocation of 1822 license; exceptions to applicability; collection of advance fees 1823 for listings unlawful.— 1824 (9) A person who meets the definition of a commercial 1825 telephone seller or salesperson as defined in s. 501.603 must be 1826 licensed under part IV of chapter 501 before doing business in 1827 this state under this chapter. 1828 Section 48. This act shall take effect July 1, 2013.