Bill Text: FL S1040 | 2013 | Regular Session | Comm Sub
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 CS for SB 1040 By the Committees on Appropriations; and Commerce and Tourism; and Senator Stargel 576-04644-13 20131040c2 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. 507.07, 97 F.S.; prohibiting movers and moving brokers from 98 entering into certain service contracts with certain 99 unregistered persons; amending s. 525.01, F.S.; 100 revising the definition of the term “alternative 101 fuels” for purposes of inspection requirements; 102 repealing s. 525.09(2)-(4), F.S., relating to the 103 payment and applicability of an inspection fee for 104 testing and analyzing petroleum fuels; amending s. 105 525.10, F.S.; eliminating the requirement that 106 collected fees be paid into the treasury and 107 distributed into a specified trust fund; conforming 108 provisions; amending s. 525.16, F.S.; requiring 109 entities that sell or distribute certain fuels to meet 110 fuel standards adopted by the department; providing a 111 release of liability for certain entities who supply 112 and blend fuels that meet department standards; 113 amending s. 526.141, F.S.; providing that certain 114 entities are not liable for damages resulting from the 115 incompatible use of motor fuels under certain 116 circumstances; amending s. 527.01, F.S.; providing a 117 definition for the term “license year” as it relates 118 to the sale of petroleum gas; amending s. 527.0201, 119 F.S.; revising examination requirements for applicants 120 seeking certain licenses; revising continuing 121 education requirements for specified qualifiers; 122 amending s. 527.03, F.S.; revising the renewal 123 procedure for certain licenses; amending s. 531.415, 124 F.S.; conforming a cross-reference; amending s. 125 531.61, F.S.; exempting certain commercial weights and 126 measures devices from permit requirements; conforming 127 a cross-reference; amending chapter 2009-66, Laws of 128 Florida; extending the expiration date of certain 129 statutes related to commercial weights and measures; 130 amending s. 539.001, F.S.; revising fingerprinting 131 requirements for a pawnbroker license application; 132 amending s. 559.802, F.S.; requiring franchisors to 133 provide notice of the franchise sale on a department 134 promulgated form; amending s. 559.803, F.S.; deleting 135 provisions allowing and requiring sellers of business 136 opportunities to file federal disclosure statements 137 with the department; repealing s. 559.805, F.S., 138 relating to mandatory filings and disclosure of 139 advertisement identification numbers by sellers of 140 business opportunities; repealing s. 559.807(2), F.S., 141 relating to bonds or securities for business 142 opportunity sellers; amending s. 559.813, F.S.; 143 deleting a provision authorizing the department to 144 impose specified penalties for certain violations 145 relating to selling business opportunities; abrogating 146 the enforcement and rulemaking authority of the 147 Department of Agriculture and Consumer Services; 148 amending s. 559.815, F.S.; conforming a cross 149 reference; amending s. 559.9221, F.S.; revising the 150 membership of the Motor Vehicle Repair Advisory 151 Council; amending s. 616.242, F.S.; revising amusement 152 ride insurance coverage requirements; amending s. 153 721.20, F.S.; requiring specified persons who sell 154 timeshare plans to be licensed as commercial telephone 155 sellers or salespersons under ch. 501, F.S.; providing 156 for severability; providing an effective date. 157 158 Be It Enacted by the Legislature of the State of Florida: 159 160 Section 1. Subsection (1) of section 525.09, Florida 161 Statutes, is transferred, redesignated as paragraph (h) of 162 subsection (1) of section 206.41, Florida Statutes, and amended, 163 to read: 164 206.41 State taxes imposed on motor fuel.— 165 (1) The following taxes are imposed on motor fuel under the 166 circumstances described in subsection (6): 167 (h)(1)An additional 0.125 cent per net gallon is levied on 168 all motor fuel for sale or use in this state for the purpose of 169 defraying the expenses incident to inspecting, testing, and 170 analyzing motor fuelpetroleum fuelsin this state, there shall171be paid to the department a charge of one-eighth cent per gallon172on all gasoline, kerosene (except when used as aviation turbine173fuel), and #1 fuel oil for sale or use in this state. This174inspection fee shall be imposed in the same manner as the motor175fuel tax pursuant to s.206.41. Payment shall be made on or176before the 25th day of each month. 177 Section 2. Subsection (4) is added to section 206.45, 178 Florida Statutes, to read: 179 206.45 Payment of tax into State Treasury.— 180 (4) The department shall pay all moneys collected pursuant 181 to s. 206.41(1)(h) into the State Treasury for monthly 182 distribution into the General Inspection Trust Fund. 183 Section 3. Subsection (22) of section 493.6101, Florida 184 Statutes, is amended to read: 185 493.6101 Definitions.— 186 (22) “Repossession” means the recovery of a motor vehicle 187 as defined under s. 320.01(1), a mobile home as defined in s. 188 320.01(2), a motorboat as defined under s. 327.02, an aircraft 189 as defined in s. 330.27(1), a personal watercraft as defined in 190 s. 327.02, an all-terrain vehicle as defined in s. 316.2074, 191 farm equipment as defined under s. 686.402, or industrial 192 equipment, by an individual who is authorized by the legal 193 owner, lienholder, or lessor to recover, or to collect money 194 payment in lieu of recovery of, such property that waswhich has195beensold or leased under a security agreement that contains a 196 repossession clause. As used in this subsection, the term 197 “industrial equipment” includes, but is not limited to, 198 tractors, road rollers, cranes, forklifts, backhoes, and 199 bulldozers. The term “industrial equipment” also includes other 200 vehicles that are propelled by power other than muscular power 201 and that are used in the manufacture of goods or used in the 202 provision of services. A repossession is complete when a 203 licensed recovery agent is in control, custody, and possession 204 of such repossessed property. Property that is being repossessed 205 is considered to be in the control, custody, and possession of a 206 licensed recovery agent if the vehicle or other equipment being 207 repossessed has been secured in preparation for transport from 208 the site of the recovery by means of having been attached to, or 209 placed on, the towing or other transport vehicle, or if the 210 vehicle or equipment being repossessed is being operated or 211 about to be operated by a licensed recovery agent. 212 Section 4. Paragraph (b) of subsection (3) of section 213 493.6113, Florida Statutes, is amended to read: 214 493.6113 Renewal application for licensure.— 215 (3) Each licensee is responsible for renewing his or her 216 license on or before its expiration by filing with the 217 department an application for renewal accompanied by payment of 218 the prescribed license fee. 219 (b) Each Class “G” licensee shall additionally submit proof 220 that he or she has received during each year of the license 221 period a minimum of 4 hours of firearms recertification training 222 taught by a Class “K” licensee and has complied with such other 223 health and training requirements which the department may adopt 224 by rule. Proof of completion of recertification training must be 225 submitted to the department upon completion of that training. If 226 the documentation of completion of recertification training is 227 not submitted by the end of the first year of the license 228 period, the individual’s license shall be automatically 229 suspended until proof of such training is submitted to the 230 department. If the documentation of completion of 231 recertification training is not submitted by the end of the 232 second year of the license period, the license may not be 233 renewed unlessIf proof of a minimum of 4 hours of annual234firearms recertification training cannot be provided,the 235 renewal applicant completesshallcompletethe minimum number of 236 hours of range and classroom training required at the time of 237 initial licensure. The department may waive the foregoing 238 firearms training requirement if: 239 1. The applicant provides proof that he or she is currently 240 certified as a law enforcement officer or correctional officer 241 under the Criminal Justice Standards and Training Commission and 242 has completed law enforcement firearms requalification training 243 annually during the previous 2 years of the licensure period. 244 2. The applicant provides proof that he or she is currently 245 certified as a federal law enforcement officer and has received 246 law enforcement firearms training administered by a federal law 247 enforcement agency annually during the previous 2 years of the 248 licensure period. 249 3. The applicant submits a valid firearm certificate among 250 those specified in s. 493.6105(6)(a) and provides proof of 251 having completed requalification training during the previous 2 252 years of the licensure period. 253 Section 5. Subsections (2) through (4) of section 493.6116, 254 Florida Statutes, are amended to read: 255 493.6116 Sponsorship of interns.— 256 (2) An internship may not commence until a licensee submits 257the sponsor has submittedto the department athenotice of 258 intent to sponsor. Such notice shall be on a form provided by 259 the department. 260 (3) An internship is intended to serve as a period of 261 learningprocess. Licensees who sponsor internsSponsorsshall 262 provideassumea training status by providingdirection to and 263 maintain control of interns as part of this learning process. 264 Sponsors mayshall only sponsor interns whose place of business265is within a 50-mile distance of the sponsor’s place of business266andshallnot allow interns to operate independently ofsuch267 direction and control, or require interns to perform activities 268 thatwhichdo not enhance the intern’s qualification for 269 licensure. Interns shall perform regulated duties within the 270 geographic boundaries of this state during the period of 271 internship. 272 (4) A licenseeNo sponsormay not sponsor more than six 273 interns at the same time. 274 Section 6. Present subsections (1) and (4) of section 275 493.6118, Florida Statutes, are amended, present subsections (2) 276 through (7) of that section are redesignated as subsections (3) 277 through (8), respectively, and a new subsection (2) is added to 278 that section, to read: 279 493.6118 Grounds for disciplinary action.— 280 (1) The following constitute grounds for which disciplinary 281 action specified in subsection (3)(2)may be taken by the 282 department against aanylicensee, agency, or applicant 283 regulated by this chapter, or ananyunlicensed person engaged 284 in activities regulated under this chapter. 285 (a) Fraud or willful misrepresentation in applying for or 286 obtaining a license. 287 (b) Use of aanyfictitious or assumed name by an agency 288 unless the agency has department approval and qualifies under s. 289 865.09. 290 (c) Being found guilty of or entering a plea of guilty or 291 nolo contendere to, regardless of adjudication, or being 292 convicted of a crime that directly relates to the business for 293 which the license is held or sought. A plea of nolo contendere 294 createsshall createa rebuttable presumption of guilt to the 295 underlying criminal charges, and the department shall allow the 296 individual being disciplined or denied an application for a 297 license to present any mitigating circumstances surrounding his 298 or her plea. 299 (d) A false statement by the licensee that anany300 individual is or has been in his or her employ. 301 (e) A finding that the licensee or ananyemployee of the 302 licensee is guilty of willful betrayal of a professional secret 303 or theanyunauthorized release of information acquired as a 304 result of activities regulated under this chapter. 305 (f) Proof that the applicant or licensee is guilty of fraud 306 or deceit, or of negligence, incompetency, or misconduct, in the 307 practice of the activities regulated under this chapter. 308 (g) Conducting activities regulated under this chapter 309 without a license or with a revoked or suspended license. 310 (h) Failure of the licensee to maintain in full force and 311 effect the commercial general liability insurance coverage 312 required by s. 493.6110. 313 (i) Impersonating, or permitting or aiding and abetting an 314 employee to impersonate, a law enforcement officer or an 315 employee of the state, the United States, or aanypolitical 316 subdivision thereof by identifying himself or herself as a 317 federal, state, county, or municipal law enforcement officer or 318 official representative, by wearing a uniform or presenting or 319 displaying a badge or credentials that would cause a reasonable 320 person to believe that he or she is a law enforcement officer or 321 that he or she has official authority, by displayingany322 flashing or warning vehicular lights other than amber colored, 323 or by committing ananyact that is intended to falsely convey 324 official status. 325 (j) Commission of an act of violence or the use of force on 326 aanyperson except in the lawful protection of one’s self or 327 another from physical harm. 328 (k) Knowingly violating, advising, encouraging, or 329 assisting the violation of aanystatute, court order, capias, 330 warrant, injunction, or cease and desist order, in the course of 331 business regulated under this chapter. 332 (l) Soliciting business for an attorney in return for 333 compensation. 334 (m) Transferring or attempting to transfer a license issued 335 pursuant to this chapter. 336 (n) Employing or contracting with ananyunlicensed or 337 improperly licensed person or agency to conduct activities 338 regulated under this chapter, or performing ananyact that 339 assists, aids, or abets a person or business entity in engaging 340 in unlicensed activity, when the licensure status was known or 341 could have been ascertained by reasonable inquiry. 342 (o) Failure or refusal to cooperate with or refusal of 343 access to an authorized representative of the department engaged 344 in an official investigation pursuant to this chapter. 345 (p) Failure of aanypartner, principal corporate officer, 346 or licensee to have his or her identification card in his or her 347 possession while on duty. 348 (q) Failure of aanylicensee to have his or her license in 349 his or her possession while on duty, as specified in s. 350 493.6111(1). 351 (r) Failure or refusal by a sponsor to certify a biannual 352 written report on an intern or to certify completion or 353 termination of an internship to the department within 15 working 354 days. 355 (s) Failure to report to the department aanyperson whom 356 the licensee knows to be in violation of this chapter or the 357 rules of the department. 358 (t) Violating any provision of this chapter. 359 (u) For a Class “G” licensee, failing to complete 360 recertification training required to carry a firearm while 361 performing regulated duties. 362 (v) For a Class “K” licensee, failing to maintain active 363 certification as a professional firearms trainer. 364 (w)(u)For a Class “G” or a Class “K” applicant or 365 licensee, being prohibited from purchasing or possessing a 366 firearm by state or federal law. 367 (x)(v)In addition to the grounds for disciplinary action 368 prescribed in paragraphs (a)-(t), Class “R” recovery agencies, 369 Class “E” recovery agents, and Class “EE” recovery agent interns 370 are prohibited from committing the following acts: 371 1. Recovering a motor vehicle, mobile home, motorboat, 372 aircraft, personal watercraft, all-terrain vehicle, farm 373 equipment, or industrial equipment that has been sold under a 374 conditional sales agreement or under the terms of a chattel 375 mortgage before authorization has been received from the legal 376 owner or mortgagee. 377 2. Charging for expenses not actually incurred in 378 connection with the recovery, transportation, storage, or 379 disposal of repossessed property or personal property obtained 380 in a repossession. 381 3. Usinganyrepossessed property or personal property 382 obtained in a repossession for the personal benefit of a 383 licensee or an officer, director, partner, manager, or employee 384 of a licensee. 385 4. Selling property recovered under the provisions of this 386 chapter, except with written authorization from the legal owner 387 or the mortgagee thereof. 388 5. Failing to notify the police or sheriff’s department of 389 the jurisdiction in which the repossessed property is recovered 390 within 2 hours after recovery. 391 6. Failing to remit moneys collected in lieu of recovery of 392 a motor vehicle, mobile home, motorboat, aircraft, personal 393 watercraft, all-terrain vehicle, farm equipment, or industrial 394 equipment to the client within 10 working days. 395 7. Failing to deliver to the client a negotiable instrument 396 that is payable to the client, within 10 working days after 397 receipt of such instrument. 398 8. Falsifying, altering, or failing to maintainany399 required inventory or records regarding disposal of personal 400 property contained in or on repossessed property pursuant to s. 401 493.6404(1). 402 9. Carrying aanyweapon or firearm when he or she is on 403 private property and performing duties under his or her license 404 whether or not he or she is licensed pursuant to s. 790.06. 405 10. Soliciting from the legal owner the recovery of 406 property subject to repossession after such property has been 407 seen or located on public or private property if the amount 408 charged or requested for such recovery is more than the amount 409 normally charged for such a recovery. 410 11. Wearing, presenting, or displaying a badge in the 411 course of performing a repossession regulated by this chapter. 412 (2) It is unlawful for a person to knowingly possess, 413 issue, cause to be issued, sell, submit, or offer a fraudulent 414 training certificate, proficiency form, or other official 415 document that declares an applicant has successfully completed a 416 course of training required for licensure under chapter 493 if 417 that person knows or reasonably should know that the 418 certificate, form, or document is fraudulent. A violation of 419 this section is a felony of the third degree, punishable as 420 provided in s. 775.082, s. 775.083, or s. 775.084. 421 (5)(4)Notwithstanding the provisions of paragraph (1)(c) 422 and subsection (3)(2): 423 (a) If the applicant or licensee has been convicted of a 424 felony, the department shall deny the application or revoke the 425 license unless and until civil rights have been restored by the 426 State of Florida or by a state acceptable to Florida and a 427 period of 10 years has expired since final release from 428 supervision. 429 (b) A Class “G” applicant who has been convicted of a 430 felony mustshallalso have had the specific right to possess, 431 carry, or use a firearm restored by the State of Florida. 432 (c) If the applicant or licensee has been found guilty of, 433 entered a plea of guilty to, or entered a plea of nolo 434 contendere to a felony and adjudication of guilt is withheld, 435 the department shall deny the application or revoke the license 436 until a period of 3 years has expired since final release from 437 supervision. 438 (d) A plea of nolo contendere createsshall createa 439 rebuttable presumption of guilt to the underlying criminal 440 charges, and the department shall allow the person being 441 disciplined or denied an application for a license to present 442 any mitigating circumstances surrounding his or her plea. 443 (e) The grounds for discipline or denial cited in this 444 subsection applyshall be appliedto aanydisqualifying 445 criminal history regardless of the date of commission of the 446 underlying criminal charge. Such provisions areshall beapplied 447 retroactively and prospectively. 448 Section 7. Subsection (1) of section 493.6120, Florida 449 Statutes, is amended to read: 450 493.6120 Violations; penalty.— 451 (1) Any person who violates any provision of this chapter 452 except ss. 493.6118(2) ands.493.6405 commits a misdemeanor of 453 the first degree, punishable as provided in s. 775.082 or s. 454 775.083. 455 Section 8. Subsection (3) of section 493.6121, Florida 456 Statutes, is amended to read: 457 493.6121 Enforcement; investigation.— 458 (3) The department hasshall havethe authority to 459 investigate aanylicensed or unlicensed person, firm, company, 460 partnership, or corporation when such person, firm, company, 461 partnership, or corporation is advertising as providing or is 462 engaged in performing services thatwhichrequire licensure 463 under this chapter or when a licensee is engaged in activities 464 thatwhichdo not comply with or are prohibited by this chapter; 465 and the department hasshall havethe authority to issue an 466 order to cease and desist the further conduct of such 467 activities, or seek an injunction, or take other appropriate 468 action pursuant to s. 493.6118(3)(a)493.6118(2)(a)or (c). 469 Section 9. Paragraph (b) of subsection (1) and subsections 470 (2) and (7) of section 496.405, Florida Statutes, are amended to 471 read: 472 496.405 Registration statements by charitable organizations 473 and sponsors.— 474 (1) 475 (b)AnyChanges in the information submitted on the initial 476 registration statement or the last renewal statement must be 477 updated annually on a renewal statement provided by the 478 department on or before the date that marks one year after the 479 date the department approved the initial registration statement 480 as provided in this section. The department shall annually 481 provide a renewal statement to each registrant by mail or by 482 electronic mail at least 3060days before the renewal date. 483 (2) The initial registration statement must be submitted on 484 a form prescribed by the department, signedunder oathby an 485 authorized officialthe treasurer or chief fiscal officerof the 486 charitable organization or sponsor who shall certify that the 487 registration statement is true and correct, and include the 488 following information or material: 489 (a) A copy of the financial report or Internal Revenue 490 Service Form 990 and all attached schedules,Schedule Aor 491 Internal Revenue Service Form 990-EZ and Schedule O, required 492 under s. 496.407 for the immediately preceding fiscal year. A 493 newly organized charitable organization or sponsor with no 494 financial history must file a budget for the current fiscal 495 year. 496 (b) The name of the charitable organization or sponsor, the 497 purpose for which it is organized, the name under which it 498 intends to solicit contributions, and the purpose or purposes 499 for which the contributions to be solicited will be used. 500 (c) The name of the individuals or officers who are in 501 charge ofanysolicitation activities. 502 (d) A statement of whether: 503 1. The charitable organization or sponsor is authorized by 504 anotherany otherstate to solicit contributions; 505 2. The charitable organization or sponsor or any of its 506 officers, directors, trustees, or principal salaried executive 507 personnel have been enjoined in any jurisdiction from soliciting 508 contributions or have been found to have engaged in unlawful 509 practices in the solicitation of contributions or administration 510 of charitable assets; 511 3. The charitable organization or sponsor has had its 512 registration or authority denied, suspended, or revoked by aany513 governmental agency, together with the reasons for such denial, 514 suspension, or revocation; and 515 4. The charitable organization or sponsor has voluntarily 516 entered into an assurance of voluntary compliance in any 517 jurisdiction or agreement similar to that set forth in s. 518 496.420, together with a copy of thethatagreement. 519 5. The charitable organization or sponsor or any of its 520 officers, directors, trustees, or employees, regardless of 521 adjudication, has been convicted of, or found guilty of, or pled 522 guilty or nolo contendere to, or has been incarcerated within 523 the last 10 years as a result of having previously been 524 convicted of, or found guilty of, or pled guilty or nolo 525 contendere to:,526 a. AAnyfelonyor any crime involving fraud, theft,527larceny, embezzlement, fraudulent conversion, misappropriation528of property, or any crime arising from the conduct of a529solicitation for a charitable organization or sponsorwithin the 530 last 10 years and, if so, the name of such person, the nature of 531 the offense, the date of the offense, the court having 532 jurisdiction in the case, the date of conviction or other 533 disposition, and the disposition of the offense. 534 b. A crime involving fraud, theft, larceny, embezzlement, 535 fraudulent conversion, misappropriation of property, or a crime 536 enumerated in this section or resulting from acts committed 537 while involved in the solicitation of contributions within the 538 last 10 years and, if so, the name of such person, the nature of 539 the offense, the date of the offense, the court having 540 jurisdiction in the case, the date of conviction or other 541 disposition, and the disposition of the offense. 542 6. The charitable organization or sponsor or any of its 543 officers, directors, trustees, or employees has been enjoined 544 from violating aanylaw relating to a charitable solicitation, 545 and, if so, the name of such person, the date of the injunction, 546 and the court issuing the injunction. 547 (e) The names, street addresses, and telephone numbers of a 548anyprofessional solicitor, professional fundraising consultant, 549 and commercial co-venturer who is acting or has agreed to act on 550 behalf of the charitable organization or sponsor, together with 551 a statement setting forth the specific terms of the arrangements 552 for salaries, bonuses, commissions, expenses, or other 553 remunerations to be paid the fundraising consultant and 554 professional solicitor. 555 (f) With initial registration only, a statement showing 556 when and where the organization was established and the tax 557 exempt status of the organization together with a copy of the 558anyfederal tax exemption determination letter. If the 559 charitable organization or sponsor has not received a federal 560 tax exemption determination letter at the time of initial 561 registration, a copy of such determination must be filed with 562 the department within 30 days after receipt of the determination 563 by the charitable organization or sponsor. If the organization 564 is subsequently notified by the Internal Revenue Service of a 565anychallenge to its continued entitlement to federal tax 566 exemption, the charitable organization or sponsor shall notify 567 the department of this fact within 30 days after receipt. 568 (g) The following information must be filed with the 569 initial registration statement and must be updated when aany570 change occurs in the information that was previously filed with 571 the initial registration statement: 572 1. The principal street address and telephone number of the 573 organization and the street address and telephone numbers ofany574 offices in this state or, if the charitable organization or 575 sponsor does not maintain an office in this state, the name, 576 street address, and telephone number of the person whothathas 577 custody of its financial records. The parent organization that 578 files a consolidated registration statement on behalf of its 579 chapters, branches, or affiliates must additionally provide the 580 street addresses and telephone numbers of all such locations in 581 this state. 582 2. The names and street addresses of the officers, 583 directors, trustees, and the principal salaried executive 584 personnel. 585 3. The date when the charitable organization’s or sponsor’s 586 fiscal year ends. 587 4. A list or description of the major program activities. 588 5. The names, street addresses, and telephone numbers of 589 the individuals or officers who have final responsibility for 590 the custody of the contributions and who will be responsible for 591 the final distribution of the contributions. 592 (7) The department must examine each initial registration 593 statement or annual renewal statement and the supporting 594 documents filed by a charitable organization or sponsor and 595 shall determine whether the registration requirements are 596 satisfied. Within 1510working days after its receipt of a 597 statement, the department must examine the statement, notify the 598 applicant ofanyapparent errors or omissions, and requestany599 additional information the department is allowed by law to 600 require. Failure to correct an error or omission or to supply 601 additional information is not grounds for denial of the initial 602 registration or annual renewal statement unless the department 603 has notified the applicant within the 1510-working-day period. 604 The department must approve or deny each statement, or must 605 notify the applicant that the activity for which she or he seeks 606 registration is exempt from the registration requirement, within 607 1510working days after receipt of the initial registration or 608 annual renewal statement or the requested additional information 609 or correction of errors or omissions. AAnystatement that is 610 not approved or denied within 1510working days after receipt 611 of the requested additional information or correction of errors 612 or omissions is approved. Within 7 working days after receipt of 613 a notification that the registration requirements are not 614 satisfied, the charitable organization or sponsor may request a 615 hearing. The hearing must be held within 7 working days after 616 receipt of the request, and theanyrecommended order, if one is 617 issued, must be rendered within 3 working days of the hearing. 618 The final order must then be issued within 2 working days after 619 the recommended order. If a recommended order is not issued, the 620 final order must be issued within 5 working days after the 621 hearing. The proceedings must be conducted in accordance with 622 chapter 120, except that the time limits and provisions set 623 forth in this subsection prevail to the extent of any conflict. 624 Section 10. Section 496.406, Florida Statutes, is amended 625 to read: 626 496.406 Exemption from registration.—The following627charitable organizations and sponsors are exempt from the628requirements of s.496.405:629 (1) The following charitable organizations and sponsors are 630 exempt from the requirements of s. 496.405: 631 (a) A person who is soliciting for a named individual, 632 provided that all the contributions collected withoutany633 deductionswhatsoeverare turned over to the beneficiary for her 634 or his use and provided that the person has complied with the 635 requirements of s. 496.413. 636 (b)(2)A charitable organization or sponsor thatwhich637 limits solicitation of contributions to the membership of the 638 charitable organization or sponsor. For the purposes of this 639 paragraph, the term “membership” does not include those persons 640 who are granted a membership upon making a contribution as a 641 result of a solicitation. 642 (c)(3)AAnydivision, department, post, or chapter of a 643 veterans’ service organization granted a federal charter under 644 Title 36, United States Code. 645 (d) Charitable organizations or sponsors that have less 646 than $25,000 in total revenue during a fiscal year, if the 647 fundraising activities of such organization or sponsor are 648 carried on by volunteers, members, or officers who are not 649 compensated and if no part of the assets or income of such 650 organization or sponsor inures to the benefit of or is paid to 651 an officer or member of such organization, sponsor, professional 652 fundraising consultant, professional solicitor, or commercial 653 co-venturer. If a charitable organization or sponsor that has 654 less than $25,000 in total revenue during a fiscal year acquires 655 total revenue in excess of that amount, the charitable 656 organization or sponsor must register with the department as 657 required by s. 496.405 within 30 days after the date the revenue 658 reaches $25,000. 659 (2) Before soliciting contributions, each charitable 660 organization or sponsor under paragraph (1)(d) claiming to be 661 exempt from the registration requirements specified in s. 662 496.405 shall submit annually to the department, on forms 663 prescribed by the department: 664 (a) The name, address, and phone number of the charitable 665 organization or sponsor, the name under which it intends to 666 solicit contributions, the purpose for which it is organized, 667 and the purpose or purposes for which the solicited 668 contributions will be used. 669 (b) The tax exempt status of the organization. 670 (c) The date the organization’s fiscal year ends. 671 (d) The names, street addresses, and telephone numbers of 672 the individuals or officers who have final responsibility for 673 the custody of the contributions and who will be responsible for 674 the final distribution of the contributions. 675 (e) A financial statement of support, revenue, and expenses 676 and a statement of functional expenses which must include, but 677 need not be limited to, expenses in the following categories: 678 program, management and general, and fundraising. In lieu of the 679 financial statement, a charitable organization or sponsor may 680 submit a copy of its Internal Revenue Service Form 990 with 681 attached schedules or 990-EZ with Schedule O. 682 (3) A charitable organization or sponsor claiming to be 683 exempt from the registration requirements of this chapter shall 684 submit such information that the department may request to 685 substantiate an exemption under this section. A charitable 686 organization or sponsor that fails to submit evidence 687 satisfactory to the department is not exempt from the 688 requirements of this chapter. In any proceeding, the burden of 689 proving an exemption is upon the organization or sponsor 690 claiming the exemption. 691 (4) Exemption from the registration requirements of s. 692 496.405 does not limit the applicability of other provisions of 693 this section to a charitable organization or sponsor. 694 Section 11. Subsection (2) of section 496.407, Florida 695 Statutes, is amended to read: 696 496.407 Financial report.— 697 (2) In lieu of the financial report described in subsection 698 (1), a charitable organization or sponsor may submit a copy of 699 its Internal Revenue Service Form 990 and all attached schedules 700Schedule Afiled for the preceding fiscal year, or a copy of its 701 Form 990-EZ and Schedule O filed for the preceding fiscal year. 702 Section 12. Subsections (2), (3), and (6) of section 703 496.409, Florida Statutes, are amended to read: 704 496.409 Registration and duties of professional fundraising 705 consultant.— 706 (2) Applications for registration or renewal of 707 registration must be submitted on a form prescribed by the 708 department, signed by an authorized official of the professional 709 fundraising consultant who shall certify that the report is true 710 and correctunder oath, and must include the following 711 information: 712 (a) The street address and telephone number of the 713 principal place of business of the applicant and aanyFlorida 714 street addresses if the principal place of business is located 715 outside this state. 716 (b) The form of the applicant’s business. 717 (c) The names and residence addresses of all principals of 718 the applicant, including all officers, directors, and owners. 719 (d) Whether any of the owners, directors, officers, or 720 employees of the applicant are related as parent, child, spouse, 721 or sibling toanyother directors, officers, owners, or 722 employees of the applicant; to ananyofficer, director, 723 trustee, or employee of aanycharitable organization or sponsor 724 under contract to the applicant; or to aanysupplier or vendor 725 providing goods or services to aanycharitable organization or 726 sponsor under contract to the applicant. 727 (e) Whether the applicant or any of its officers, 728 directors, trustees, or employees have, within the last 10 729 years, regardless of adjudication, been convicted, or found 730 guilty of, or pled guilty or nolo contendere to, or have been 731 incarcerated within the last 10 years as a result of having 732 previously been convicted of, or found guilty of, or pled guilty 733 or nolo contendere to, aanyfelony and, if so, the name of such 734 person, the nature of the offense, the date of the offense, the 735 court having jurisdiction in the case, the date of conviction or 736 other disposition, and the disposition of the offense. 737 (f) Whether the applicant or any of its officers, 738 directors, trustees, or employees have, regardless of 739 adjudication, been convicted of, or found guilty of, or pled 740 guilty or nolo contendere to, or have been incarcerated within 741 the last 10 years as a result of having previously been 742 convicted of, or found guilty of, or pled guilty or nolo 743 contendere to, a crime within the last 10 years involving fraud, 744 theft, larceny, embezzlement, fraudulent conversion, or 745 misappropriation of property, or aanycrime arising from the 746 conduct of a solicitation for a charitable organization or 747 sponsor and, if so, the name of such person, the nature of the 748 offense, the date of the offense, the court having jurisdiction 749 in the case, the date of conviction or other disposition, and 750 the disposition of the offense. 751 (g) Whether the applicant or any of its officers, 752 directors, trustees, or employees have been enjoined from 753 violating aanylaw relating to a charitable solicitation and, 754 if so, the name of such person, the date of the injunction, and 755 the court issuing the injunction. 756 (3) The application for registration must be accompanied by 757 a fee of $300. A professional fundraising consultant thatwhich758 is a partnership or corporation may register for and pay a 759 single fee on behalf of all of its partners, members, officers, 760 directors, agents, and employees. In that case, the names and 761 street addresses of all the officers, employees, and agents of 762 the fundraising consultant and all other persons with whom the 763 fundraising consultant has contracted to work under its 764 direction must be listed in the application. Each registration 765 is valid for 1 yearor a part of 1 year and expires on March 31766of each year. The registration may be renewedon or before March76731 of each yearfor additional 1-year periods upon application 768 to the department and payment of the registration fee. 769 (6) The department shall examine each registration 770 statement and supporting documents filed by a professional 771 fundraising consultant and determine whether the registration 772 requirements are satisfied. If the department determines that 773 the registration requirements are not satisfied, the department 774 must notify the professional fundraising consultant within 1510775 working days after its receipt of the registration statement; 776 otherwise the registration statement is approved. Within 7 777 working days after receipt of a notification that the 778 registration requirements are not satisfied, the applicant may 779 request a hearing. The hearing must be held within 7 working 780 days after receipt of the request, and theanyrecommended 781 order, if one is issued, must be rendered within 3 working days 782 after the hearing. The final order must then be issued within 2 783 working days after the recommended order. If there is no 784 recommended order, the final order must be issued within 5 785 working days after the hearing. The proceedings must be 786 conducted in accordance with chapter 120, except that the time 787 limits and provisions set forth in this subsection prevail to 788 the extent of any conflict. 789 Section 13. Subsections (2), (3), (5), and (8) of section 790 496.410, Florida Statutes, are amended to read: 791 496.410 Registration and duties of professional 792 solicitors.— 793 (2) Applications for registration or renewal of 794 registration must be submitted on a form prescribed by rule of 795 the department, signed by an authorized official of the 796 professional solicitor who shall certify that the report is true 797 and correctunder oath, and must include the following 798 information: 799 (a) The street address and telephone number of the 800 principal place of business of the applicant and aanyFlorida 801 street addresses if the principal place of business is located 802 outside this state. 803 (b) The form of the applicant’s business. 804 (c) The place and date when the applicant, if other than an 805 individual, was legally established. 806 (d) The names and residence addresses of all principals of 807 the applicant, including all officers, directors, and owners. 808 (e) A statement as to whether any of the owners, directors, 809 officers, or employees of the applicant are related as parent, 810 spouse, child, or sibling toanyother directors, officers, 811 owners, or employees of the applicant; to ananyofficer, 812 director, trustee, or employee of aanycharitable organization 813 or sponsor under contract to the applicant; or to aanysupplier 814 or vendor providing goods or services to aanycharitable 815 organization or sponsor under contract to the applicant. 816 (f) A statement as to whether the applicant or any of its 817 directors, officers, trustees, persons with a controlling 818 interest in the applicant, or employees or agents involved in 819 solicitation have, within the last 10 years, regardless of 820 adjudication, been convicted of, or found guilty of, or pled 821 guilty or nolo contendere to, or have been incarcerated within 822 the last 10 years as a result of having previously been 823 convicted of, or found guilty of, or pled guilty or nolo 824 contendere to, aanyfelony and, if so, the name of such person, 825 the nature of the offense, the date of the offense, the court 826 having jurisdiction in the case, the date of conviction or other 827 disposition, and the disposition of the offense. 828 (g) A statement as to whether the applicant or any of its 829 directors, officers, trustees, persons with a controlling 830 interest in the applicant, or employees or agents involved in 831 solicitation have, regardless of adjudication, been convicted 832 of, or found guilty of, or pled guilty or nolo contendere to, or 833 have been incarcerated within the last 10 years as a result of 834 having previously been convicted of, or found guilty of, or pled 835 guilty or nolo contendere to, a crime within the last 10 years 836 involving fraud, theft, larceny, embezzlement, fraudulent 837 conversion, or misappropriation of property, or aanycrime 838 arising from the conduct of a solicitation for a charitable 839 organization or sponsor and, if so, the name of such person, the 840 nature of the offense, the date of the offense, the court having 841 jurisdiction in the case, the date of conviction or other 842 disposition, and the disposition of the offense. 843 (h) A statement as to whether the applicant or any of its 844 directors, officers, trustees, persons with a controlling 845 interest in the applicant, or employees or agents involved in 846 solicitation have been enjoined from violating aanylaw 847 relating to a charitable solicitation and, if so, the name of 848 such person, the date of the injunction, and the court issuing 849 the injunction. 850 (i) The names of all persons in charge ofanysolicitation 851 activity. 852 (3) The application for registration must be accompanied by 853 a fee of $300. A professional solicitor that is a partnership or 854 corporation may register for and pay a single fee on behalf of 855 all of its partners, members, officers, directors, agents, and 856 employees. In that case, the names and street addresses of all 857 the officers, employees, and agents of the professional 858 solicitor and all other persons with whom the professional 859 solicitor has contracted to work under its direction, including 860 solicitors, must be listed in the application or furnished to 861 the department within 5 days after the date of employment or 862 contractual arrangement. Each registration is valid for 1 year 863or a part of 1 year and expires on March 31 of each year. The 864 registration may be renewedon or before March 31 of each year865 for an additional 1-year period upon application to the 866 department and payment of the registration fee. 867 (5) The department must examine each registration statement 868 and supporting documents filed by a professional solicitor. If 869 the department determines that the registration requirements are 870 not satisfied, the department must notify the professional 871 solicitor within 1510working days after its receipt of the 872 registration statement; otherwise the registration statement is 873 approved. Within 7 working days after receipt of a notification 874 that the registration requirements are not satisfied, the 875 applicant may request a hearing. The hearing must be held within 876 7 working days after receipt of the request, and theany877 recommended order, if one is issued, must be rendered within 3 878 working days after the hearing. The final order must then be 879 issued within 2 working days after the recommended order. If 880 there is no recommended order, the final order must be issued 881 within 5 working days after the hearing. The proceedings must be 882 conducted in accordance with chapter 120, except that the time 883 limits and provisions set forth in this subsection prevail to 884 the extent of any conflict. 885 (8) Within 4590days after a solicitation campaign has 886 been completed and within 45 days afteronthe anniversary of 887 the commencement of a solicitation campaign lasting more than 1 888 year, the professional solicitor must provide to the charitable 889 organization or sponsor and file with the department a financial 890 report of the campaign, including the gross revenue received and 891 an itemization of all expenses incurred. The report must be 892 completed on a form prescribed by the department and signed by 893 an authorized official of the professional solicitor who shall 894 certifyunder oaththat the report is true and correct. 895 Section 14. Subsections (3) and (6) of section 496.411, 896 Florida Statutes, are amended to read: 897 496.411 Disclosure requirements and duties of charitable 898 organizations and sponsors.— 899 (3) Every charitable organization or sponsor thatwhichis 900 required to register under s. 496.405 must conspicuously display 901in capital letters the following statementon every printed 902 solicitation, written confirmation, receipt, or reminder of a 903 contribution: 904 (a) Its registration number; and 905 (b) The following statement written in capital letters 906 which must include a toll-free telephone number for the division 907 which can be used to obtain the registration information: 908 909 “A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL 910 INFORMATION MAY BE OBTAINED FROM THE DIVISION OF 911 CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE 912 STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, 913 APPROVAL, OR RECOMMENDATION BY THE STATE.” 914 915 IfThe statement must include a toll-free number for the916division that can be used to obtain the registration917information. Whenthe solicitation consists of more than a 918 single itemone piece, the registration number and statement 919 must be displayed prominently in the solicitation materials. 920(6) Each charitable organization or sponsor that is921required to register under s.496.405shall conspicuously922display the following information on every printed solicitation,923written confirmation, receipt, or reminder of a contribution:924(a) The organization’s or sponsor’s registration number925issued by the department under this chapter.926(b) The percentage, if any, of each contribution that is927retained by any professional solicitor that has contracted with928the organization or sponsor.929(c) The percentage of each contribution that is received by930the organization or sponsor.931 932If the solicitation consists of more than a single item, the933statement shall be displayed prominently in the solicitation934materials.935 Section 15. Subsection (2) of section 496.415, Florida 936 Statutes, is amended to read: 937 496.415 Prohibited acts.—It is unlawful for any person in 938 connection with the planning, conduct, or execution of any 939 solicitation or charitable or sponsor sales promotion to: 940 (2) Knowingly file false,ormisleading, or inaccurate 941 information in aanydocumentrequired to befiled with the 942 department, provided to the public, or in response to aany943 request or investigation by the department, the Department of 944 Legal Affairs, or the State Attorney. 945 Section 16. Present subsections (4) through (9) of section 946 496.419, Florida Statutes, are redesignated as subsections (5) 947 through (10), respectively, a new subsection (4) is added to 948 that section, and present subsections (4) through (9) are 949 amended, to read: 950 496.419 Powers of the department.— 951 (4) A violation of s. 496.415(3), (5), (6), (10), (12), 952 (13), or (14) constitutes an immediate threat to the public 953 health, safety, and welfare and is sufficient grounds for the 954 department to issue an immediate order to cease and desist all 955 solicitation activities. The order acts as an immediate final 956 order under s. 120.569(2)(n) and shall remain in effect until 957 the violation has been remedied pursuant to this part. 958 (5)(4)The department may enter an order imposing one or 959 more of the penalties set forth in subsection (6)(5)if the 960 department finds that a charitable organization, sponsor, 961 professional fundraising consultant, or professional solicitor, 962 or an agent, servant, or employee thereof has: 963 (a) Violated or is operating in violation ofany of the964provisions ofss. 496.401-496.424 or s. 496.426 or of the rules 965 adopted or orders issued thereunder; 966 (b) Made a material false statement in an application, 967 statement, or report required to be filed under ss. 496.401 968 496.424 or s. 496.426; 969 (c) Refused or failed, or any of its principal officers has 970 refused or failed, after notice, to produce theanyrecords of 971 such organization or to discloseanyinformation required to be 972 disclosed under ss. 496.401-496.424 or s. 496.426 or the rules 973 of the department; or 974 (d) Made a material false statement in response to aany975 request or investigation by the department, the Department of 976 Legal Affairs, or the State Attorney. 977 (6)(5)Upon a finding as set forth in subsection (5)(4), 978 the department may enter an order doing one or more of the 979 following: 980 (a) Issuing a notice of noncompliance pursuant to s. 981 120.695; 982 (b) Issuing a cease and desist order that directs that the 983 person cease and desist specified fundraising activities; 984 (c) Refusing to register or canceling or suspending a 985 registration; 986 (d) Placing the registrant on probation for a period of 987 time, subject to such conditions as the department may specify; 988 (e) Canceling an exemption granted under s. 496.406; and 989 (f) Imposing an administrative fine not to exceed $1,000 990 for each act or omission thatwhichconstitutes a violation of 991 ss. 496.401-496.424 or s. 496.426 or a rule or order. 992 993 With respect to a s. 501(c)(3) organization, the penalty imposed 994 pursuant to this subsection mayshallnot exceed $500 per 995 violation. The penalty isshall bethe entire amount per 996 violation and mayisnottobe interpreted as a daily penalty. 997 (7)(6)Except as otherwise provided in this section, the 998 administrative proceedings that could result in the entry of an 999 order imposingany ofthe penalties specified in subsection (6) 1000(5)are governed by chapter 120, except that the applicable 1001 provisions and time limits specified in s. 496.405(7), s. 1002 496.409(6), or s. 496.410(5) apply if the department determines 1003 that a registration should be refused. 1004 (8)(7)The department may forward an investigative report 1005 and supporting documentation of ananyinvestigation conducted 1006 pursuant to this section to the Department of Legal Affairs. The 1007 report must identify proposedanyadministrative actions or 1008 actions thatare proposed orhave been commenced by the 1009 department in accordance with subsection (5)(4). 1010 (9)(8)The department shall report aanysubstantiated 1011 criminal violation of ss. 496.401-496.424 or s. 496.426 to the 1012 proper prosecuting authority for prompt prosecution. 1013 (10)(9)All fines collected by the department under 1014 subsection (6)(5)must be paid into the General Inspection 1015 Trust Fund. 1016 Section 17. Subsections (1), (2), and (4) of section 1017 501.016, Florida Statutes, are amended to read: 1018 501.016 Health studios; security requirements.—Each health 1019 studio that sells contracts for health studio services shall 1020 meet the following requirements: 1021 (1) Each health studio shall maintain for each separate 1022 business location a bond issued by a surety company admitted to 1023 do business in this state. The principal sum of the bond must be 1024 $25,000shall be$50,000, and the bond, when required, shall be 1025 obtained before a business tax receipt may be issued under 1026 chapter 205. Upon issuance of a business tax receipt, the 1027 licensing authority shall immediately notify the department of 1028 such issuance in a manner established by the department by rule. 1029 The bond shall be in favor of the state for the benefit of any 1030 person injured as a result of a violation of ss. 501.012 1031 501.019. The aggregate liability of the surety to all persons 1032 for all breaches of the conditions of suchthebonds may not 1033provided herein shall in no eventexceed the amount of the bond. 1034 The original surety bond required by this section shall be filed 1035 with the department. 1036 (2) In lieu of maintaining the bond required in subsection 1037 (1), the health studio may furnish to the department: 1038 (a) An irrevocable letter of credit from aanyforeign or 1039 domestic bank in the amount of $25,000$50,000; or 1040 (b) A guaranty agreement thatwhichis secured by a 1041 certificate of deposit in the amount of $25,000$50,000. 1042 1043 The original letter of credit or certificate of deposit 1044 submitted in lieu of the bond shall be filed with the 1045 department. The department shall determinedecidewhether the 1046 security furnished in lieu of bond by the health studio is in 1047 compliance with the requirements of this section. 1048 (4) If the health studio furnishes the department with 1049 evidence satisfactory to the department that the aggregate 1050 dollar amount of all current outstanding contracts of the health 1051 studio is less than $5,000, the department may, at its 1052 discretion, reduce the principal amount of the surety bond or 1053 other sufficient financial responsibility required in 1054 subsections (1) and (2) to a sum of not less than $10,000. 1055 However, the health studio shall notify the departmentatany 1056 time the aggregate dollar amount of such contracts exceeds 1057 $5,000, the health studio shall so notify the departmentand 1058 shall thereupon provide the bond or other documentation as 1059 required in subsections (1) and (2). Health studios whose bonds 1060 have been reduced must provide the department with an annually 1061 updated list of members. The department shall raise the security 1062 requirement to $25,000 for a health studio that failsFailureto 1063 file an annual reportwill result in the department raising the1064security requirement to$50,000. 1065 Section 18. Subsection (4) of section 501.059, Florida 1066 Statutes, is amended to read: 1067 501.059 Telephone solicitation.— 1068 (4)(a) ANotelephone solicitor may notshallmake or cause 1069 to be made any unsolicited telephonic sales call to aany1070 residential, mobile, or telephonic paging device telephone 1071 number if the number for that telephone appears in the then 1072 current quarterly listing published by the department. AAny1073 telephone solicitor or person who offers for saleanyconsumer 1074 information thatwhichincludes residential, mobile, or 1075 telephonic paging device telephone numbers, except directory 1076 assistance and telephone directories sold by telephone companies 1077 and organizations exempt under s. 501(c)(3) or (6) of the 1078 Internal Revenue Code, shall screen and exclude those numbers 1079 thatwhichappear on the division’s then-current “no sales 1080 solicitation calls” list. This subsection does not apply to a 1081anyperson licensed pursuant to chapter 475 who calls an actual 1082 or prospective seller or lessor of real property when such call 1083 is made in response to a yard sign or other form of 1084 advertisement placed by the seller or lessor. 1085 (b) A person is in violation of this subsection if the 1086 person initiates an outbound telephonic sales call to a consumer 1087 who has previously communicated to the telephone solicitor that 1088 he or she does not wish to receive an outbound telephone call: 1089 1. Made by or on behalf of the seller whose goods or 1090 services are being offered; or 1091 2. Made by or on behalf of a charitable organization for 1092 which a charitable contribution is being solicited. 1093 Section 19. Subsections (1) and (2) of section 501.603, 1094 Florida Statutes, are amended to read: 1095 501.603 Definitions.—As used in this part, unless the 1096 context otherwise requires, the term: 1097 (1) “Commercial telephone solicitation” means: 1098 (a) An unsolicited telephone call to a person initiated by 1099 a commercial telephone seller or salesperson, or an automated 1100 dialing machine used in accordance with the provisions of s. 1101 501.059(7) for the purpose of inducing the person to purchase or 1102 invest in consumer goods or services; 1103 (b) Other communication with a person where: 1104 1. A gift, award, or prize is offered; or 1105 2. A telephone call response is invited; and 1106 3. The salesperson intends to complete a sale or enter into 1107 an agreement to purchase or invest in consumer goods or services 1108 during the course of the telephone call; or 1109 (c) Other communication with a person which represents a 1110 price, quality, or availability of consumer goods or services 1111 and which invites a response by telephone or which is followed 1112 by a call to the person by a salesperson. 1113 1114 For purposes of this section, “other communication” means a 1115 written or oral notification or advertisement transmitted 1116 through any means. Also, for purposes of this section, “invites 1117 a response by telephone” does not mean the mere listing or 1118 including of a telephone number in a notification or 1119 advertisement. 1120 (2) “Commercial telephone seller” means aanyperson who 1121 engages in commercial telephone solicitation on his or her own 1122 behalf or through salespersons, except that a commercial 1123 telephone seller does not includeany of thepersons or entities 1124 operating under a properly filed and valid affidavit of 1125 exemption pursuant toexempted from this part bys. 501.604. A 1126 commercial telephone seller does not include a salesperson as 1127 defined in subsection (10). A commercial telephone seller 1128 includes, but is not limited to, owners, operators, officers, 1129 directors, partners, or other individuals engaged in the 1130 management activities of a business entity pursuant to this 1131 part. 1132 Section 20. Subsections (4), (7), (10), (14), and (24) of 1133 section 501.604, Florida Statutes, are amended to read: 1134 501.604 Exemptions.—The provisions of this part, except ss. 1135 501.608 and 501.616(6) and (7), do not apply to: 1136 (4) AAnylicensed securities, commodities, or investment 1137 broker, dealer, or investment adviser, when soliciting within 1138 the scope of his or her license, or aanylicensed associated 1139 person of a securities, commodities, or investment broker, 1140 dealer, or investment adviser, when soliciting within the scope 1141 of his or her license. As used in this section, “licensed 1142 securities, commodities, or investment broker, dealer, or 1143 investment adviser” means a person subject to license or 1144 registration as such by the Securities and Exchange Commission, 1145 by the Financial Industry Regulatory AuthorityNational1146Association of Securities Dealersor other self-regulatory 1147 organization as defined by the Securities Exchange Act of 1934, 1148 15 U.S.C. s. 78l, or by an official or agency of this or another 1149 stateor of any stateof the United States. As used in this 1150 section, “licensed associated person of a securities, 1151 commodities, or investment broker, dealer, or investment 1152 adviser” means ananyassociated person registered or licensed 1153 by the Financial Industry Regulatory AuthorityNational1154Association of Securities Dealersor other self-regulatory 1155 organization as defined by the Securities Exchange Act of 1934, 1156 15 U.S.C. s. 78l, or by an official or agency of this or another 1157 stateor ofanystateof the United States. 1158 (7) AAnysupervised financial institution or parent, 1159 subsidiary, or affiliate thereof operating within the scope of 1160 the supervised activity. As used in this section, “supervised 1161 financial institution” means aanycommercial bank, trust 1162 company, savings and loan association, mutual savings bank, 1163 credit union, industrial loan company, consumer finance lender, 1164 commercial finance lender, or insurer, provided that the 1165 institution is subject to supervision by an official or agency 1166 of this state, of any state, or of the United States. For the 1167 purposes of this exemption, “affiliate” means a person who 1168 directly, or indirectly through one or more intermediaries, 1169 controls or is controlled by, or is under common control with, a 1170 supervised financial institution. 1171 (10) A business-to-business sale where: 1172 (a) The commercial telephone seller has been lawfully 1173 operating continuously for at least 3 years under the same 1174 business name and has at least 50 percent of its dollar volume 1175 consisting of repeat sales to existing businesses; 1176 (b) The purchaser business intends to resell or offer for 1177 purposes of advertisement or as a promotional item the property 1178 or goods purchased; or 1179 (c) The purchaser business intends to use the property or 1180 goods purchased in a recycling, reuse, remanufacturing, or 1181 manufacturing process. 1182 (14) A telephone company subject to the provisions of 1183 chapter 364, or affiliate thereof or its agents, or a 1184 telecommunications business thatwhichis regulated by the 1185 Florida Public Service Commission, or a Federal Communications 1186 Commission licensed cellular telephone company or other bona 1187 fide radio telecommunication services provider. For the purposes 1188 of this exemption, “affiliate” means a person who directly, or 1189 indirectly through one or more intermediaries, controls or is 1190 controlled by, or is under common control with, a telephone 1191 company subject to the provisions of chapter 364. 1192 (24) An entity thatAny person whichhas been lawfully 1193 providing telemarketing sales services continuously for at least 1194 5 years under the same ownership and control and thatwhich1195 derives 75 percent of its gross telemarketing sales revenues 1196 from contracts with persons exempted in this section. 1197 Section 21. Present paragraphs (c) through (h) of 1198 subsection (1) of section 501.607, Florida Statutes, are 1199 redesignated as paragraphs (b) through (g), respectively, and 1200 present paragraph (b) of subsection (1) of that section is 1201 amended, to read: 1202 501.607 Licensure of salespersons.— 1203 (1) An applicant for a license as a salesperson must submit 1204 to the department, in such form as it prescribes, a written 1205 application for a license. The application must set forth the 1206 following information: 1207(b) Each business or occupation engaged in by the applicant1208during the 3 years immediately preceding the date of the1209application, and the location thereof.1210 Section 22. Paragraph (b) of subsection (1) and subsections 1211 (2) and (3) of section 501.608, Florida Statutes, are amended to 1212 read: 1213 501.608 License or affidavit of exemption; occupational 1214 license.— 1215 (1) 1216 (b) AAnycommercial telephone seller that claimsclaiming1217 to be exempt from the act under s. 501.604(2), (3), (5), (6), 1218 (9), (10), (11), (12), (17), (21), (22), (24), or (26) must file 1219 with the department a notarized affidavit of exemption. The 1220 affidavit of exemption must be on forms prescribed by the 1221 department and must require the name of the commercial telephone 1222 seller, the name of the business, and the business address. A 1223Anycommercial telephone seller that maintainsmaintainingmore 1224 than one business may file a single notarized affidavit of 1225 exemption that clearly indicates the location of each place of 1226 business. If a change of ownership occurs, the commercial 1227 telephone seller must notify the department. At the request of 1228 the department, the commercial telephone seller shall provide 1229 sales scripts, contracts, and other documentation in order to 1230 determine if the affidavit of exemption is appropriate before 1231 accepting such affidavit for filing. 1232 (2) Each licensee or person operating under a valid and 1233 appropriately filed exemptionclaiming an exemptionshall 1234 prominently display his or her license or a copy of his or her 1235 receipt of filing of the affidavit of exemption at each location 1236 where he or she does business. Each licensee or person claiming 1237 an exemption shall make the license or the receipt of filing 1238copyof the affidavit of exemption available for inspection upon 1239 request by aby anygovernmental agencyupon request. 1240 (3) Failure to obtain or display a license ora copy ofthe 1241 receipt of filing of an affidavit of exemption is sufficient 1242 grounds for the department to issue an immediate cease and 1243 desist order, which actsshall actas an immediate final order 1244 under s. 120.569(2)(n). The order shallmayremain in effect 1245 until the commercial telephone seller or a person claiming to be 1246 exempt shows the authorities that he or she is properly licensed 1247 or exempt. The department may order the business to cease 1248 operations and shall order the phones to be shut off. Failure of 1249 a salesperson to display a license or the receipt of filing of 1250 an affidavit of exemption may result in the salesperson being 1251 summarily ordered by the department to leave the office until he 1252 or she can produce a license or a receipt of filing of an 1253 affidavit of exemption for the department. 1254 Section 23. Subsection (3) of section 501.611, Florida 1255 Statutes, is amended to read: 1256 501.611 Security.— 1257 (3) The bond shall be posted with the department and must 1258 remain in force throughout the period of licensure with the 1259 department. 1260 Section 24. Subsection (12) of section 501.615, Florida 1261 Statutes, is amended to read: 1262 501.615 Written contract; cancellation; refund.— 1263 (12) A sale in which the consumer is given a full refund 1264 for the return of undamaged and unused goods or in which a 1265 cancellation of services notice is given to the seller within 7 1266 days after the date of the sale is exempt from the requirements 1267 of subsections (1)-(5). A commercial telephone seller or 1268 salesperson engaged in activity regulated by chapter 721 must 1269 comply with s. 721.205Exempt from the requirements of1270subsections (1)-(5)is any sale in which the consumer is given a1271full refund for the return of undamaged and unused goods or a1272cancellation of services notice is given to the seller,within 71273days afterreceipt of the goods or services by the consumer, and1274the seller shall process the refund within 30 days after receipt1275of the returned merchandise by the consumer. 1276 Section 25. Subsection (1) of section 501.617, Florida 1277 Statutes, is amended to read: 1278 501.617 Investigative powers of enforcing authority.— 1279 (1) If, by her or his own inquiries or as a result of 1280 complaints, the enforcing authority has reason to believe that a 1281 person has engaged in, or is engaging in, an act or practice 1282 that violates the provisions of this part, she or he may 1283 administer oaths and affirmations, subpoena witnesses or matter, 1284 conduct regulatory inspections, and collect evidence. Within 10 1285 days after the service of a subpoena or at any time before the 1286 return date specified therein, whichever is longer, the party 1287 served may file in the circuit court in the county in which she 1288 or he resides or in which she or he transacts business and serve 1289 upon the enforcing authority a petition for an order modifying 1290 or setting aside the subpoena. The petitioner may raise anany1291 objection or privilege thatwhichwould be available under this 1292 part or upon service of such subpoena in a civil action. The 1293 subpoena mustshallinform the party served of her or his rights 1294 under this subsection. 1295 Section 26. Subsection (10) is added to section 507.03, 1296 Florida Statutes, to read: 1297 507.03 Registration.— 1298 (10) Upon the request of the department, each moving broker 1299 shall provide a complete list of the movers it has contracted or 1300 affiliated with, advertises on behalf of, arranges moves for, or 1301 to which it refers shippers. Such list, at a minimum, must 1302 include the mover’s complete name, address, telephone number, 1303 email address, and name of the owner or other principal. 1304 Section 27. Subsections (7) and (8) are added to section 1305 507.07, Florida Statutes, to read: 1306 507.07 Violations.—It is a violation of this chapter to: 1307 (7) Conduct business as a moving broker, advertise to 1308 engage in the business of a moving broker, or offer to perform a 1309 move through a subcontract or agreement with a mover who is not 1310 registered with the department under this part. 1311 (8) Conduct business as a mover, advertise to engage in the 1312 business of moving, or offer to perform a move through a 1313 subcontract or agreement with a moving broker who is not 1314 registered with the department pursuant to the provisions on 1315 this part. 1316 Section 28. Paragraph (c) of subsection (1) of section 1317 525.01, Florida Statutes, is amended to read: 1318 525.01 Gasoline and oil to be inspected.— 1319 (1) For the purpose of this chapter: 1320 (c) “Alternative fuel” means: 1321 1. Methanol, denatured ethanol, or other alcohols; 1322 2. Mixtures of gasoline or other fuels with methanol, 1323 denatured ethanol, or other alcoholsMixtures containing 851324percent or more by volume of methanol, denatured ethanol, or1325other alcohols with gasoline or other fuels, or such other1326percentage, but not less than 70 percent, as determined by the1327department by rule, to provide for requirements relating to cold1328start, safety, or vehicle functions; 1329 3. Hydrogen; 1330 4. Coal-derived liquid fuels; and 1331 5. Fuels, other than alcohol, derived from biological 1332 materials. 1333 Section 29. Subsections (2) through (4) of section 525.09, 1334 Florida Statutes, are repealed. 1335 Section 30. Section 525.10, Florida Statutes, is amended to 1336 read: 1337 525.10Moneys to be paid into State Treasury;Payment of 1338 expenses.—All moneys payable under this chapter shall be payable1339to the department and shall be paid by it into the State1340Treasury monthly to be deposited into the General Inspection1341Trust Fund.All expenses incurred in the enforcement of this 1342 chapter and other inspection laws of this state for which fees 1343 or taxes are collected, including acquiring equipment and other 1344 property, shall be paid from the General Inspection Trust Fund. 1345 No money mayshallbe paid to ananyinspector or employee 1346 created under this chapter except from the funds collected from 1347 the administration of this chapter. 1348 Section 31. Present subsections (3) and (4) of section 1349 525.16, Florida Statutes, are renumbered as subsections (4) and 1350 (5), respectively, and a new subsection (3) is added to that 1351 section, to read: 1352 525.16 Administrative fine; penalties; prosecution of cases 1353 by state attorney.— 1354 (3) Entities that sell, offer for sale, distribute, or 1355 offer for distribution petroleum or alternative fuels shall 1356 ensure that their activities result in petroleum fuels that meet 1357 all requirements and standards adopted under s 525.14. A 1358 terminal supplier, wholesaler, or blender licensed under chapter 1359 206 is not liable for injuries or damages resulting from the 1360 subsequent blending of petroleum or alternative fuels occurring 1361 after the transfer of ownership of such fuels from the terminal 1362 supplier, wholesaler, or blender if the petroleum or alternative 1363 fuels used to make the petroleum fuel at issue met the standards 1364 and requirements adopted by rule of the department under s. 1365 525.14 while under ownership of the terminal supplier, 1366 wholesaler, or blender. 1367 Section 32. Present subsection (7) of section 526.141, 1368 Florida Statutes, is renumbered as subsection (8), and a new 1369 subsection (7) is added to that section, to read: 1370 526.141 Self-service gasoline stations; attendants; 1371 regulations.— 1372 (7) A refiner, terminal supplier, wholesaler, or retailer 1373 is not liable for damages caused by the use of incompatible 1374 motor fuel dispensed at a retail site if: 1375 (a) The incompatible fuel meets the standards adopted under 1376 s. 525.14; 1377 (b) The incompatible fuel is selected by the purchaser; and 1378 (c) The retail dispenser from which the incompatible fuel 1379 is dispensed was properly labeled with regard to the 1380 incompatible fuel pursuant to labeling requirements adopted 1381 under s. 525.14. 1382 Section 33. Subsection (20) is added to section 527.01, 1383 Florida Statutes, to read: 1384 527.01 Definitions.—As used in this chapter: 1385 (20) “License year” means the period from either September 1386 1 through the following August 31, or April 1 through the 1387 following March 31, depending upon the type of license. 1388 Section 34. Subsections (1) and (3) and paragraphs (a) and 1389 (c) of subsection (5) of section 527.0201, Florida Statutes, are 1390 amended to read: 1391 527.0201 Qualifiers; master qualifiers; examinations.— 1392 (1) In addition to the requirements of s. 527.02, aany1393 person applying for a license to engage in the activities of a 1394 pipeline system operator, category I liquefied petroleum gas 1395 dealer, category II liquefied petroleum gas dispenser, category 1396 IV liquefied petroleum gas dispenser and recreational vehicle 1397 servicer, category V liquefied petroleum gases dealer for 1398 industrial uses only, LP gas installer, specialty installer, 1399 requalifierrequalificationof cylinders, or fabricator, 1400 repairer, and tester of vehicles and cargo tanks must prove 1401 competency by passing a written examination administered by the 1402 department or its agent with a grade of at least 75 percent in 1403 each area testedorabove. Each applicant for examination shall 1404 submit a $20 nonrefundable fee. The department shall by rule 1405 specify the general areas of competency to be covered by each 1406 examination and the relative weight to be assigned in grading 1407 each area tested. 1408 (3) Qualifier cards issued to category I liquefied 1409 petroleum gas dealers and liquefied petroleum gas installers 1410shallexpire 3 years after the date of issuance. All category I 1411 liquefied petroleum gas dealer qualifiers and liquefied 1412 petroleum gas installer qualifiers holding a valid qualifier 1413 card upon the effective date of this actshallretain their 1414 qualifier status until July 1, 2003, and may sit for the master 1415 qualifier examination at any time during that time period. All 1416 such category I liquefied petroleum gas dealer qualifiers and 1417 liquefied petroleum gas installer qualifiers may renew their 1418 qualification on or before July 1, 2003, upon application to the 1419 department, payment of a $20 renewal fee, and documentation of 1420 the completion of a minimum of 1612hours approved continuing 1421 education courses, as defined by department rule, during the 1422 previous 3-year period. Applications for renewal must be made 30 1423 calendar days beforeprior toexpiration. Persons failing to 1424 renew beforeprior tothe expiration date must reapply and take 1425 a qualifier competency examination in order to reestablish 1426 category I liquefied petroleum gas dealer qualifier and 1427 liquefied petroleum gas installer qualifier status. If a 1428 category I liquefied petroleum gas qualifier or liquefied 1429 petroleum gas installer qualifier becomes a master qualifier at 1430 any time during the effective date of the qualifier card, the 1431 card remainsshall remainin effect until expiration of the 1432 master qualifier certification. 1433 (5) In addition to all other licensing requirements, each 1434 category I liquefied petroleum gas dealer and liquefied 1435 petroleum gas installer must, at the time of application for 1436 licensure, identify to the department one master qualifier who 1437 is a full-time employee at the licensed location. The master 1438 qualifier mustThis person shallbe a manager, owner, or 1439 otherwise primarily responsible for overseeing the operations of 1440 the licensed location and must provide documentation to the 1441 department as provided by rule. The master qualifier requirement 1442 isshall bein addition to the requirements of subsection (1). 1443 (a) In order to apply for certification as a master 1444 qualifier, each applicant must be a category I liquefied 1445 petroleum gas dealer qualifier or liquefied petroleum gas 1446 installer qualifier, must be employed by a licensed category I 1447 liquefied petroleum gas dealer, liquefied petroleum gas 1448 installer, or applicant for such license, must provide 1449 documentation of a minimum of 1 year’s work experience in the 1450 gas industry, and must pass a master qualifier competency 1451 examination. Master qualifier examinations shall be based on 1452 Florida’s laws, rules, and adopted codes governing liquefied 1453 petroleum gas safety, general industry safety standards, and 1454 administrative procedures. The applicant must pass the 1455 examinationmust be successfullycompletedby the applicantwith 1456 a grade of at least 75 percentormore. Each applicant for 1457 master qualifier status shall submit to the department a 1458 nonrefundable $30 examination fee beforeprior tothe 1459 examination. 1460 (c) Master qualifier status expiresshall expire3 years 1461 after the date of issuance of the certificate and may be renewed 1462 by submission to the department of documentation of completion 1463 of at least 1612hours of approved continuing education courses 1464 during the 3-year period; proof of employment with a licensed 1465 category I liquefied petroleum gas dealer, liquefied petroleum 1466 gas installer, or applicant; and a $30 certificate renewal fee. 1467 The department shall define, by rule, approved courses of 1468 continuing education. 1469 Section 35. Section 527.03, Florida Statutes, is amended to 1470 read: 1471 527.03 Annual renewal of license.—All licenses required 1472 under this chapter shall be renewed annually subject to the 1473 license fees prescribed in s. 527.02. With the exception of the 1474 Category III Liquefied Petroleum Gas Cylinder Exchange Operator 1475 license and the Dealer in Appliances and Equipment for Use of 1476 Liquefied Petroleum Gas license, all licenses shall be renewed 1477 for the period beginning September 1 andshallexpire on the 1478 following August 31 unless sooner suspended, revoked, or 1479 otherwise terminated. All Category III Liquefied Petroleum Gas 1480 Cylinder Exchange Operator licenses and Dealer in Appliances and 1481 Equipment for Use of Liquefied Petroleum Gas licenses shall be 1482 renewed for the period beginning April 1 and expire on the 1483 following March 31 unless sooner suspended, revoked, or 1484 otherwise terminated. AAnylicense allowed to expire becomeson1485August 31shall becomeinoperative because of failure to renew. 1486 The fee for restoration of a license is equal to the original 1487 license fee and must be paid before the licensee may resume 1488 operations. 1489 Section 36. Subsection (3) of section 531.415, Florida 1490 Statutes, is amended to read: 1491 531.415 Fees.— 1492 (3)Anypetroleum product taxed under s.525.09and any1493 Petroleum equipment that is used to measure petroleum fuel, as 1494 defined in s. 525.01, and owned by a person licensed pursuant to 1495 chapter 206 is exempt from the fees established in this section. 1496 Section 37. Subsection (3) of section 531.61, Florida 1497 Statutes, is amended to read: 1498 531.61 Exemptions from permit requirement.—Commercial 1499 weights or measures instruments or devices are exempt from the 1500 permit requirements of ss. 531.60-531.66 if: 1501 (3) The device is used exclusively for measuring aviation 1502 fuel or petroleum products inspectedtaxedunder chapter 525s.1503525.09. 1504 Section 38. Section 40 of chapter 2009-66, Laws of Florida, 1505 is amended to read: 1506 Section 40. Sections 531.60, 531.61, 531.62, 531.63, 1507 531.64, 531.65, and 531.66, Florida Statutes, as created by this 1508 act, shall expire July 1, 20202014. 1509 Section 39. Paragraph (c) of subsection (5) of section 1510 539.001, Florida Statutes, is amended to read: 1511 539.001 The Florida Pawnbroking Act.— 1512 (5) APPLICATION FOR LICENSE.— 1513 (c) Each initial application for a license must be 1514 accompanied by a complete set of fingerprints taken by an 1515 authorized law enforcement officer or a fingerprinting service 1516 provider approved by the Department of Law Enforcement, $300 for 1517 the first year’s license fee, and the actual cost to the agency 1518 for fingerprint analysis for each person subject to the 1519 eligibility requirements. The agency shall submit the 1520 fingerprints to the Department of Law Enforcement for state 1521 processing, and the Department of Law Enforcement shall forward 1522 the fingerprints to the Federal Bureau of Investigation for a 1523 national criminal history check. These fees and costs are not 1524 refundable. 1525 Section 40. Subsection (1) of section 559.802, Florida 1526 Statutes, is amended to read: 1527 559.802 Franchises; exemption.— 1528 (1) The sale of a franchise is exempt from this part if: 1529 (a) The franchise meets the definition of that term as 1530 defined by the Federal Trade Commission regulations entitled, 1531 “Disclosure Requirements and Prohibitions Concerning Franchising 1532 and Business Opportunity Ventures,” as set forth in 16 C.F.R. 1533 ss. 436.1 et seq.; and 1534 (b) Before offering for sale or selling a franchise to be 1535 located in this state or to a resident of this state, the 1536 franchisor files a notice with the department stating that the 1537 franchisor is in substantial compliance with the requirements of 1538 the Federal Trade Commission rule, and pays a fee in an amount 1539 set by the department, not exceeding $100. This notice shall be 1540 filed on a form promulgated by the department. 1541 Section 41. Section 559.803, Florida Statutes, is amended 1542 to read: 1543 559.803 Disclosure statement.—At least 3 working days prior 1544 to the time the purchaser signs a business opportunity contract, 1545 or at least 3 working days prior to the receipt of any 1546 consideration by the seller, whichever occurs first, the seller 1547 must provide the prospective purchaser a written document, the 1548 cover sheet of which is entitled in at least 12-point boldfaced 1549 capital letters “DISCLOSURES REQUIRED BY FLORIDA LAW.” Under 1550 this title shall appear the following statement in at least 10 1551 point type: “The State of Florida has not reviewed and does not 1552 approve, recommend, endorse, or sponsor any business 1553 opportunity. The information contained in this disclosure has 1554 not been verified by the state. If you have any questions about 1555 this investment, see an attorney before you sign a contract or 1556 agreement.” Nothing except the title and required statement 1557 shall appear on the cover sheet. Immediately following the cover 1558 sheet, the seller must provide an index page that briefly lists 1559 the contents of the disclosure document as required in this 1560 section and any pages on which the prospective purchaser can 1561 find each required disclosure. At the top of the index page, the 1562 following statement must appear in at least 10-point type: “The 1563 State of Florida requires sellers of business opportunities to 1564 disclose certain information to prospective purchasers. This 1565 index is provided to help you locate this information.” If the 1566 index contains other information not required by this section, 1567 the seller shall place a designation beside each of the 1568 disclosures required by this section and provide an explanation 1569 of the designation at the end of the statement at the top of the 1570 index page. The disclosure document shall contain the following 1571 information: 1572 (1) The name of the seller; whether the seller is doing 1573 business as an individual, partnership, corporation, or other 1574 business entity; the names under which the seller has done 1575 business; and the name of any parent or affiliated company that 1576 will engage in business transactions with the purchasers or who 1577 takes responsibility for statements made by the seller. 1578 (2) The names, addresses, and titles of the seller’s 1579 officers, directors, trustees, general partners, general 1580 managers, and principal executives and of any other persons 1581 charged with the responsibility for the seller’s business 1582 activities relating to the sale of business opportunities. 1583 (3) The length of time the seller has: 1584 (a) Sold business opportunities; or 1585 (b) Sold business opportunities involving the products, 1586 equipment, supplies, or services currently being offered to the 1587 purchaser. 1588 (4) A full and detailed description of the actual services 1589 that the business opportunity seller undertakes to perform for 1590 the purchaser. 1591 (5) A copy of a current (not older than 13 months) 1592 financial statement of the seller, updated to reflect material 1593 changes in the seller’s financial condition. 1594 (6) If training is promised by the seller, a complete 1595 description of the training, the length of the training, and the 1596 cost or incidental expenses of that training, which cost or 1597 expense the purchaser will be required to incur. 1598 (7) If the seller promises services to be performed in 1599 connection with the placement of the equipment, product, or 1600 supplies at a location, the full nature of those services as 1601 well as the nature of the agreements to be made with the owners 1602 or managers of the location where the purchaser’s equipment, 1603 product, or supplies will be placed. 1604 (8) If the business opportunity seller is required to 1605 secure a bond, guaranteed letter of credit, or certificate of 1606 deposit pursuant to s. 559.807, either of the following 1607 statements: 1608 (a) “As required by Florida law, the seller has secured a 1609 bond issued by ...., a surety company authorized to do business 1610 in this state. Before signing a contract to purchase this 1611 business opportunity, you should confirm the bond’s status with 1612 the surety company.”; or 1613 (b) “As required by Florida law, the seller has established 1614 a guaranteed letter of credit or certificate of deposit 1615 ...(number of account)... with ...(name and address of bank or 1616 savings institution).... Before signing a contract to purchase 1617 this business opportunity, you should confirm with the bank or 1618 savings institution the current status of the guaranteed letter 1619 of credit or certificate of deposit.” 1620 (9) The following statement: “If the seller fails to 1621 deliver the product, equipment, or supplies necessary to begin 1622 substantial operation of the business within 45 days of the 1623 delivery date stated in your contract, you may notify the seller 1624 in writing and cancel your contract.” 1625 (10) If the seller makes any statement concerning sales or 1626 earnings or a range of sales or earnings that may be made 1627 through this business opportunity, a statement disclosing: 1628 (a) The total number of purchasers of business 1629 opportunities involving the product, equipment, supplies, or 1630 services being offered who have actually achieved sales of or 1631 received earnings in the amount or range specified within 3 1632 years prior to the date of the disclosure statement. 1633 (b) The total number of purchasers of business 1634 opportunities involving the product, equipment, supplies, or 1635 services being offered within 3 years prior to the date of the 1636 disclosure statement. 1637 (11)(a) The total number of persons who purchased the 1638 business opportunity being offered by the seller within the past 1639 3 years. 1640 (b) The names, addresses, and telephone numbers of the 10 1641 persons who previously purchased the business opportunity from 1642 the seller and who are geographically closest to the potential 1643 purchaser. 1644 (12) A statement disclosing who, if any, of the persons 1645 listed in subsections (1) and (2): 1646 (a) Has, at any time during the previous 10 fiscal years, 1647 regardless of adjudication, been convicted of, or found guilty 1648 of, or pled guilty or nolo contendere to, or has been 1649 incarcerated within the last 10 years as a result of having 1650 previously been convicted of, or found guilty of, or pled guilty 1651 or nolo contendere to, a felony or a crime involving fraud, 1652 theft, larceny, violation of any franchise or business 1653 opportunity law or unfair or deceptive practices law, 1654 embezzlement, fraudulent conversion, misappropriation of 1655 property, or restraint of trade. 1656 (b) Has, at any time during the previous 7 fiscal years, 1657 been held liable in a civil action resulting in a final judgment 1658 or has settled out of court any civil action or is a party to 1659 any civil action involving allegations of fraud (including 1660 violation of any franchise or business opportunity law or unfair 1661 or deceptive practices law), embezzlement, fraudulent 1662 conversion, misappropriation of property, or restraint of trade 1663 or any civil action which was brought by a present or former 1664 franchisee or franchisees and which involves or involved the 1665 franchise relationship. However, only material individual civil 1666 actions need be so listed pursuant to this paragraph, including 1667 any group of civil actions which, irrespective of the 1668 materiality of any single such action, in the aggregate is 1669 material. 1670 (c) Is subject to any currently effective state or federal 1671 agency or court injunctive or restrictive order, or has been 1672 subject to any administrative action in which an order by a 1673 governmental agency was rendered, or is a party to a proceeding 1674 currently pending in which such order is sought, relating to or 1675 affecting business opportunities activities or the business 1676 opportunity seller-purchaser relationship or involving fraud 1677 (including violation of any franchise or business opportunity 1678 law or unfair or deceptive practices law), embezzlement, 1679 fraudulent conversion, misappropriation of property, or 1680 restraint of trade. 1681 1682 Such statement shall set forth the identity and location of the 1683 court or agency; the date of conviction, judgment, or decision; 1684 the penalty imposed; the damages assessed; the terms of 1685 settlement or the terms of the order; and the date, nature, and 1686 issuer of each such order or ruling. A business opportunity 1687 seller may include a summary opinion of counsel as to any 1688 pending litigation, but only if counsel’s consent to the use of 1689 such opinion is included in the disclosure statement. 1690 (13) A statement disclosing who, if any, of the persons 1691 listed in subsections (1) and (2) at any time during the 1692 previous 7 fiscal years has: 1693 (a) Filed in bankruptcy. 1694 (b) Been adjudged bankrupt. 1695 (c) Been reorganized due to insolvency. 1696 (d) Been a principal, director, executive officer, or 1697 partner of any other person that has so filed or was so adjudged 1698 or reorganized during or within 1 year after the period that 1699 such person held such position in relation to such other person. 1700 If so, the name and location of the person having so filed or 1701 having been so adjudged or reorganized, the date thereof, and 1702 any other material facts relating thereto shall be set forth. 1703 (14) A copy of the business opportunity contractwhichthe 1704 seller uses as a matter of course and which is to be presented 1705 to the purchaser at closing. 1706 1707Should any seller of business opportunities prepare adisclosure1708statement pursuant to 16 C.F.R. ss. 436.1 et seq., a Trade1709Regulation Rule of the Federal Trade Commission regarding1710Disclosure Requirements and Prohibitions Concerning Franchising1711and Business Opportunity Ventures, the seller may file that1712disclosurestatement in lieu of the document required pursuant1713to this section. Should the seller be required pursuant to 161714C.F.R. to prepare any other documents to be presented to the1715prospective purchaser, those documents shall also be filed with1716the department.1717 Section 42. Section 559.805, Florida Statutes, is repealed. 1718 Section 43. Subsection (2) of section 559.807, Florida 1719 Statutes, is repealed. 1720 Section 44. Present subsections (3) through (7) of section 1721 559.813, Florida Statutes, are redesignated as subsections (2) 1722 through (6), respectively, and present subsections (2), (5), and 1723 (8) of that section are amended, to read: 1724 559.813 Remedies; enforcement.— 1725(2)(a) The department may enter an order imposing one or1726more of the penalties set forth in paragraph (b) if the1727department finds that a seller or any of the seller’s principal1728officers or agents:17291. Violated or is operating in violation of any of the1730provisions of this part or of the rules adopted or orders issued1731thereunder;17322. Made a material false statement in any application,1733document, or record required to be submitted or retained under1734this part;17353. Refused or failed, after notice, to produce any document1736or record or disclose any information required to be produced or1737disclosed under this part or the rules of the department;17384. Made a material false statement in response to any1739request or investigation by the department, the Department of1740Legal Affairs, or the state attorney; or17415. Has intentionally defrauded the public through dishonest1742or deceptive means.1743(b) Upon a finding as set forth in paragraph (a), the1744department may enter an order doing one or more of the1745following:17461. Issuing a notice of noncompliance pursuant to s.1747120.695.17482. Imposing an administrative fine not to exceed $5,000 per1749violation for each act which constitutes a violation of this1750part or a rule or order.17513. Directing that the seller or its principal officers or1752agents cease and desist specified activities.17534. Refusing to issue or revoking or suspending an1754advertisement identification number.17555. Placing the registrant on probation for a period of1756time, subject to such conditions as the department may specify.1757(c) The administrative proceedings which could result in1758the entry of an order imposing any of the penalties specified in1759paragraph (b) shall be conducted in accordance with chapter 120.1760 (4)(5)The Department of Legal Affairs, the Department of1761Agriculture and Consumer Services,or the state attorney, if a 1762 violation of this part occurs in her or his judicial circuit, is 1763arethe enforcing authorityauthoritiesfor purposes of this 1764 part, andtheymay bring civil actions in circuit court for 1765 temporary or permanent injunctive relief and may seek other 1766 appropriate civil relief, including, but not limited to, a civil 1767 penalty not to exceed $5,000 for each violation, restitution and 1768 damages for injured purchasers of business opportunities, and 1769 court costs and reasonable attorneyattorney’sfees. 1770(8) The department has the authority to adopt rules1771pursuant to chapter 120 to implement this part.1772 Section 45. Section 559.815, Florida Statutes, is amended 1773 to read: 1774 559.815 Penalties.—AAnyperson whofails to file with the1775department as required by s.559.805or whocommits an act 1776 described in s. 559.809 is guilty of a felony of the third 1777 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1778 775.084. 1779 Section 46. Subsection (1) of section 559.9221, Florida 1780 Statutes, is amended to read: 1781 559.9221 Motor Vehicle Repair Advisory Council.—The Motor 1782 Vehicle Repair Advisory Council is created to advise and assist 1783 the department in carrying out this part. 1784 (1) The membership of the council may not exceed 9111785 members appointed by the Commissioner of Agriculture. 1786 (a) SixEightindustry members of the council must be 1787 chosen from individuals already engaged in the motor vehicle 1788 repair business who are eligible to be registered under this 1789 part. The professional members of this council must be licensed 1790 under this part. The commissioner shall select one industry 1791 member from each of the following categories: 1792 1. Independent automotive mechanics shops. 1793 2. Franchise or company-owned automotive mechanics shops. 1794 3. AutomotiveIndependent automotivecollision shops. 17954. Franchise or company-owned automotive collision shops.1796 4.5.Tire dealersIndependent tiredealer. 17976. Franchise or company-owned tire dealer.1798 5.7.Independent motor vehicle dealersdealerlicensed 1799 under s. 320.27. 1800 6.8.Franchise motor vehicle dealersdealerlicensed under 1801 s. 320.27. 1802 (b) One member of the council may be chosen from persons 1803 already engaged in motor vehicle repair service. 1804 (c) Two consumer members of the council must be residents 1805 of this state and maymustnot be connected with the motor 1806 vehicle repair business. 1807 (d) As terms of the members expire, the commissioner shall 1808 appoint successors for terms of 4 years. Membersshallserve 1809 from the time of their appointment until their successors are 1810 appointed. 1811 Section 47. Paragraphs (a) and (b) of subsection (9) of 1812 section 616.242, Florida Statutes, are amended to read: 1813 616.242 Safety standards for amusement rides.— 1814 (9) INSURANCE REQUIREMENTS.— 1815 (a) An owner may not operate an amusement ride unless the 1816 owner has in effect, at all times of operation, aninsurance1817meeting the following requirements:18181.Aninsurance policy in an amount of not less than $1 1819 million per occurrence, $1 million in the aggregate, which 1820 insures the owner of the amusement ride against liability for 1821 injury to persons arising out of the use of the amusement ride.;1822or18232. A bond in a like amount; however, the aggregate1824liability of the surety under the bond may not exceed the face1825amount thereof.1826 (b) The policyor bondmust be procured from an insureror1827suretythat is licensed to transact business in this state or 1828 that is approved as a surplus lines insurer. 1829 Section 48. Subsection (9) is added to section 721.20, 1830 Florida Statutes, to read: 1831 721.20 Licensing requirements; suspension or revocation of 1832 license; exceptions to applicability; collection of advance fees 1833 for listings unlawful.— 1834 (9) A person who meets the definition of a commercial 1835 telephone seller or salesperson as defined in s. 501.603 must be 1836 licensed under part IV of chapter 501 before doing business in 1837 this state under this chapter. 1838 Section 49. If any provision of this act or its application 1839 to any person or circumstance is held invalid, the invalidity 1840 does not affect other provisions or applications of the act 1841 which can be given effect without the invalid provision or 1842 application, and to this end the provisions of this act are 1843 severable. 1844 Section 50. This act shall take effect July 1, 2013.