Bill Text: FL H0301 | 2010 | Regular Session | Comm Sub
Bill Title: Locksmith Services
Spectrum: Bipartisan Bill
Status: (Failed) 2010-04-30 - Died in Full Appropriations Council on Education & Economic Development [H0301 Detail]
Download: Florida-2010-H0301-Comm_Sub.html
CS/CS/HB 301 |
1 | |
2 | An act relating to locksmith services; creating part XII |
3 | of ch. 559, F.S.; providing a short title; providing |
4 | findings and purpose; providing definitions; providing |
5 | exemptions from the application of the part; requiring the |
6 | licensure of locksmith services businesses and locksmith |
7 | referral services by the Department of Agriculture and |
8 | Consumer Services; specifying licensure and application |
9 | requirements; requiring license fees; authorizing the |
10 | waiver or reduction of fees under certain circumstances; |
11 | providing for expiration of licenses; requiring |
12 | fingerprinting and background screening for criminal |
13 | records checks of the owner and certain other persons |
14 | affiliated with a locksmith services business; specifying |
15 | background screening requirements; disqualifying certain |
16 | persons from performing locksmith services based upon |
17 | background screening; requiring the Department of Law |
18 | Enforcement to retain the fingerprints and search arrest |
19 | records against the fingerprints; requiring fees for |
20 | background screening; requiring the Department of Law |
21 | Enforcement to provide certain records to the Department |
22 | of Agriculture and Consumer Services upon request; |
23 | authorizing licensure by endorsement under certain |
24 | circumstances; providing license renewal requirements and |
25 | procedures; providing for the denial, suspension, |
26 | revocation, or refusal to renew a license under certain |
27 | circumstances; requiring a locksmith services business to |
28 | maintain liability insurance; prohibiting the performance |
29 | of locksmith services except by certain persons; |
30 | authorizing locksmiths, automotive-only locksmiths, and |
31 | apprentice locksmiths to perform locksmith services under |
32 | certain circumstances; establishing qualifications and |
33 | training requirements for locksmiths, automotive-only |
34 | locksmiths, and apprentice locksmiths; requiring locksmith |
35 | services businesses to keep certain records and issue |
36 | photo identification cards to locksmiths, automotive-only |
37 | locksmiths, and locksmith apprentices; requiring display |
38 | of photo identification cards and licenses; requiring a |
39 | locksmith services business to display its license, |
40 | license number, and other information in all advertising; |
41 | requiring a locksmith services business to accept certain |
42 | methods of payment and keep certain business records; |
43 | authorizing the review of records by the department; |
44 | specifying certain prohibited acts relating to the |
45 | operation of a locksmith services business; providing |
46 | civil penalties and remedies; providing administrative |
47 | remedies and penalties; providing that a violation of the |
48 | act is a deceptive and unfair trade practice; providing |
49 | criminal penalties; requiring the department to adopt |
50 | rules; providing for the deposit and use of certain funds; |
51 | preempting to the state certain regulations of locksmith |
52 | services, locksmiths, and locksmith services businesses; |
53 | prohibiting the issuance or renewal of local business tax |
54 | receipts to locksmith services businesses except under |
55 | certain circumstances; creating the Florida Locksmith |
56 | Services Advisory Council within the department; providing |
57 | membership and terms; providing operating procedures and |
58 | duties; requiring the department to provide administrative |
59 | and staff support; providing an effective date. |
60 | |
61 | Be It Enacted by the Legislature of the State of Florida: |
62 | |
63 | Section 1. Part XII of chapter 559, Florida Statutes, |
64 | consisting of sections 559.941, 559.942, 559.943, 559.944, |
65 | 559.945, 559.946, 559.947, 559.948, 559.949, 559.95, 559.951, |
66 | 559.952, 559.953, 559.954, 559.955, 559.956, 559.957, 559.958, |
67 | 559.959, 559.96, and 559.961, is created to read: |
68 | |
69 | |
70 | 559.941 Short title.-This part may be cited as the |
71 | "Florida Locksmith Services Act." |
72 | 559.942 Findings and purpose.-The Legislature finds that: |
73 | (1) Locksmiths operate in the public trust to service, |
74 | secure, and protect persons and property. |
75 | (2) Locksmiths must be trained in regulations and laws |
76 | applicable to their profession, including, but not limited to, |
77 | the federal Americans with Disabilities Act, the Florida |
78 | Building Code, the Florida Fire Prevention Code, and the Life |
79 | Safety Code, and must be trained in the proper installation and |
80 | maintenance of security devices, motor vehicle locks, keys, and |
81 | built-in security systems. |
82 | (3) The purpose of this part is to provide for the |
83 | licensing and regulation of locksmith services businesses in |
84 | this state which are necessary to protect the public from the |
85 | misuse of locksmithing knowledge, supplies, manuals, and |
86 | equipment that threaten public safety and security. |
87 | 559.943 Definitions.-As used in this part, the term: |
88 | (1) "Advertise" means to advise, announce, give notice of, |
89 | publish, or call attention to by use of oral, written, or |
90 | graphic statement made in a newspaper or other publication or on |
91 | radio or television; made in any other electronic medium; |
92 | contained in any notice, handbill, sign, including signage on |
93 | any vehicle, flyer, catalog, or letter; or printed on or |
94 | contained in any tag or label attached to or accompanying any |
95 | good. |
96 | (2) "Apprentice locksmith" means a natural person who |
97 | performs locksmith services on behalf of a locksmith services |
98 | business under the direct and continuous supervision of a |
99 | locksmith. |
100 | (3) "Automotive-only locksmith" means a locksmith who |
101 | performs only those locksmith services relating to motor |
102 | vehicles as described in paragraphs (11)(e)-(g) on behalf of a |
103 | locksmith services business. |
104 | (4) "Business location" means a physical location where a |
105 | licensee operates a locksmith services business or, if the |
106 | licensee is a mobile locksmith services business, the physical |
107 | location where the licensee's records are kept. |
108 | (5) "Department" means the Department of Agriculture and |
109 | Consumer Services. |
110 | (6) "Key duplication machine" means a device capable of |
111 | copying or reproducing keys. |
112 | (7) "Licensee" means a locksmith services business |
113 | licensed under this part. |
114 | (8) "Lock" means a mechanical, electromechanical, |
115 | electronic, or electromagnetic device or system, including, but |
116 | not limited to, any peripheral hardware such as, a closed- |
117 | circuit television system, wireless or infrared transmitter, |
118 | card reader, keypad, or biometric scanner, that is designed to |
119 | control access to and egress from a door, gate, safe, vault, |
120 | safe-deposit box, motor vehicle, or other enclosure or that is |
121 | designed to control the use of such an enclosure. |
122 | (9) "Locksmith" means a natural person who performs any |
123 | locksmith services on behalf of a locksmith services business. |
124 | The term includes an automotive-only locksmith but does not |
125 | include a person whose activities are limited to making |
126 | duplicate keys. |
127 | (10) "Locksmith referral service" means the advertisement |
128 | of locksmith services in this state by a person who does not |
129 | perform the locksmith services but who subcontracts with, or |
130 | refers the customer to, another locksmith services business for |
131 | the performance of the locksmith services. |
132 | (11) "Locksmith services" means: |
133 | (a) Selling, installing, servicing, repairing, repinning, |
134 | recombinating, and adjusting locks, safes, vaults, or safe- |
135 | deposit boxes. |
136 | (b) Originating, duplicating, and copying keys. |
137 | (c) Opening, bypassing, and neutralizing locks, safes, |
138 | vaults, or safe-deposit boxes. |
139 | (d) Creating, documenting, selling, installing, managing, |
140 | and servicing master key systems. |
141 | (e) Unlocking, bypassing, or neutralizing motor vehicle |
142 | locks by means other than intended by the manufacturer. |
143 | (f) Originating keys for motor vehicles that includes, if |
144 | necessary, the programming, reprogramming, or bypassing of any |
145 | security, transponder, or immobilizer systems or subsequent |
146 | technology built in by the manufacturer. |
147 | (g) Keying, rekeying, or recombinating motor vehicle |
148 | locks. |
149 | |
150 | The term does not include contracting as defined in s. 489.505 |
151 | for which a registration or certification is required under part |
152 | II of chapter 489. |
153 | (12) "Locksmith services business" means a person who |
154 | performs or offers to perform locksmith services for |
155 | compensation, advertises or represents himself or herself as a |
156 | locksmith services business, or operates a locksmith referral |
157 | service in this state. |
158 | (13) "Master key system" means a system of locks in which |
159 | a lock is keyed so that it can be operated by its own individual |
160 | key as well as by a key that operates other locks in the system |
161 | that are also keyed to their own individual keys. |
162 | (14) "Mobile locksmith services business" means a |
163 | locksmith services business that operates exclusively from one |
164 | or more vehicles and not from a specific physical location. |
165 | (15) "Motor vehicle" has the same meaning as in s. |
166 | 559.903(5). |
167 | 559.944 Application of part; exemptions.-This part does |
168 | not apply to: |
169 | (1) A law enforcement officer, firefighter or voluntary |
170 | firefighter, emergency medical technician or paramedic, or other |
171 | government employee or agent who, in his or her official line of |
172 | duty, performs locksmith services. |
173 | (2) A sales representative who provides a bona fide sales |
174 | demonstration of products to locksmiths. |
175 | (3) An in-store employee of a hardware store, do-it- |
176 | yourself home products store, or other retail store who rekeys |
177 | locks being purchased in the store. |
178 | (4) An electrical or alarm system contractor registered or |
179 | certified under chapter 489 who is acting within the scope of |
180 | his or her practice. |
181 | (5) A person who lawfully acquires and uses a key |
182 | duplication machine or key blanks to duplicate keys. |
183 | (6) A property owner or agent of a property owner who |
184 | maintains a file of key cutting data for a master key system on |
185 | the property. |
186 | (7) An employee of a financial institution as defined in |
187 | s. 655.005 who provides safe, safe-deposit box, or vault |
188 | services at the financial institution. |
189 | (8) A motor vehicle dealer as defined in s. 320.27, a |
190 | motor vehicle repair shop as defined in s. 559.903, or a lock |
191 | manufacturer or agent of a lock manufacturer who services, |
192 | installs, repairs, or rebuilds motor vehicle locks or originates |
193 | and duplicates motor vehicle keys. |
194 | (9) Building trades personnel who: |
195 | (a) Install locks or locking devices on a construction |
196 | project that requires a building permit; or |
197 | (b) Install locks or locking devices for home repair or |
198 | improvement, if the locks are designed for installation by the |
199 | customer and such home repair or improvement is part of a larger |
200 | repair or replacement project. |
201 | (10) A wrecker operator as defined in s. 1.01(15) who |
202 | possesses or uses the car-opening tools which are necessary to |
203 | unlock vehicles, if the wrecker operator does not advertise |
204 | himself or herself as a locksmith. |
205 | (11) An automobile club as defined in s. 627.8405(1) when |
206 | towing a motor vehicle for a club member or assisting a club |
207 | member to enter a locked motor vehicle. |
208 | (12) A hardware store, do-it-yourself home product store, |
209 | or other retail store that sells locks and safes which are |
210 | designed for use and installation by the customer without |
211 | professional assistance. |
212 | 559.945 Locksmith services business; licensure.- |
213 | (1) A person may not perform or offer to perform locksmith |
214 | services for compensation, advertise or represent himself or |
215 | herself as a locksmith services business, or operate a locksmith |
216 | referral service in this state unless the person is licensed |
217 | under this part. However, a locksmith or apprentice locksmith |
218 | performing locksmith services on behalf of a licensee is not |
219 | required to obtain a separate license. An application for |
220 | licensure must be submitted to the department in the format |
221 | prescribed by the department and must include, at a minimum, the |
222 | following: |
223 | (a) The full legal name and mailing address of the |
224 | applicant. |
225 | (b) Each name under which the applicant does business in |
226 | this state and, if the applicant is doing business under a |
227 | fictitious name, the date on which the applicant registered the |
228 | fictitious name with the Department of State. |
229 | (c) The mailing address, street address, and telephone |
230 | number of the applicant's principal business location and, if |
231 | the applicant performs locksmith services or operates a |
232 | locksmith referral service at more than one business location, |
233 | the mailing address, street address, and telephone number of |
234 | each additional business location; or, for an applicant |
235 | operating as a mobile locksmith services business, the vehicle |
236 | identification number, license plate number, and a copy of the |
237 | vehicle registration. |
238 | (d) If the applicant is not a natural person, a statement |
239 | of: |
240 | 1. The applicant's type of business entity, such as a |
241 | corporation, partnership, or other limited liability |
242 | corporation. |
243 | 2. The applicant's federal employer identification number. |
244 | 3. Whether the applicant is a foreign or domestic business |
245 | entity, the state and date of incorporation, the charter number, |
246 | and the date that the applicant first registered with the |
247 | Department of State to do business in the state. |
248 | (e) Each corporate, fictitious, or other business or trade |
249 | name under which any owner of the locksmith services business |
250 | operated, was known, or did business as a locksmith services |
251 | business within 5 years before the date of the application. |
252 | (f) The full name, address, and telephone number of: |
253 | 1. Each locksmith, automotive-only locksmith, and |
254 | apprentice locksmith who performs locksmith services on behalf |
255 | of the applicant. |
256 | 2. Each officer and director of the corporation, their |
257 | official positions, and corporate offices, if the applicant is a |
258 | corporation. |
259 | 3. Each general partner, if the applicant is a |
260 | partnership. |
261 | 4. Each managing member, if the applicant is a limited |
262 | liability corporation. |
263 | 5. The owner of the applicant, if the applicant is a |
264 | proprietorship. |
265 | 6. The applicant's registered agent for service of process |
266 | in this state. |
267 | (g) The number of locksmiths that the applicant currently |
268 | employs or intends to employ. |
269 | (2) Each application must be accompanied by: |
270 | (a) Payment of a nonrefundable biennial license fee, |
271 | calculated as follows: |
272 | 1. If the applicant employs one to five locksmiths, an |
273 | amount not to exceed $800. |
274 | 2. If the applicant employs six or more locksmiths, an |
275 | amount not to exceed $1,600. |
276 | 3. If the applicant operates a locksmith referral service |
277 | but does not employ any locksmiths, an amount not to exceed |
278 | $800. |
279 | |
280 | If, upon receipt of documentation demonstrating that an |
281 | applicant's financial hardship results from a tax determination, |
282 | collections enforcement, or other proof that the applicant's |
283 | liabilities exceed the assets of his or her business, the |
284 | department may, to the extent that the fees required by this |
285 | subsection would impose a significant financial hardship, waive |
286 | or reduce such fees for an initial or renewal application. |
287 | (b) Proof of liability insurance coverage as required in |
288 | s. 559.95. |
289 | (c) For each person listed in paragraph (1)(f), a set of |
290 | fingerprints submitted in the manner prescribed by the |
291 | department, an affidavit of the person's criminal history, if |
292 | any, and payment of any fees or costs required under s. 559.946 |
293 | for background screening. |
294 | (3)(a) The department shall issue a license to each |
295 | applicant in the format prescribed by the department in |
296 | accordance with s. 120.60. The license must show at least the |
297 | name, the street address of each business location listed in the |
298 | application pursuant to paragraph (1)(c), and the license number |
299 | of the locksmith services business. If the applicant is a mobile |
300 | locksmith services business, the license must show the residence |
301 | address of the owner, if different than the street address of |
302 | the business location where the applicant's records are kept. |
303 | (b) A license issued under this part may not be |
304 | transferred or assigned and is valid only for the licensee and |
305 | the business locations for which it is issued. |
306 | (c) A locksmith services business license is valid for 2 |
307 | years from the date of issuance. To provide for the biennial |
308 | renewal of licenses under s. 559.948, the department may adopt |
309 | rules to stagger the license expiration dates over a 2-year |
310 | period. |
311 | (4)(a) A licensee must notify the department in writing at |
312 | least 30 days before changing a locksmith services business |
313 | location. The department shall issue to the licensee an amended |
314 | license that shows the new business location. |
315 | (b) Within 10 days after a person listed in paragraph |
316 | (1)(f) begins his or her duties with a licensee, the licensee |
317 | must submit a set of the person's fingerprints in the manner |
318 | prescribed by the department, an affidavit of the person's |
319 | criminal history, if any, and payment of any fees or costs |
320 | required under s. 559.946 for background screening. |
321 | 559.946 Locksmith services businesses; fingerprinting and |
322 | background screening; disqualification.- |
323 | (1)(a) Each person listed in s. 559.945(1)(f) must be |
324 | fingerprinted and undergo background screening for criminal |
325 | justice information as defined in s. 943.045. The department |
326 | shall submit each set of fingerprints to the Department of Law |
327 | Enforcement for statewide criminal records checks, and the |
328 | Department of Law Enforcement shall forward the fingerprints to |
329 | the Federal Bureau of Investigation for federal criminal records |
330 | checks. The cost of the fingerprint processing and criminal |
331 | records checks shall be borne by the locksmith services business |
332 | or the person required to be fingerprinted and shall be paid to |
333 | the department. The Department of Law Enforcement shall submit a |
334 | monthly invoice to the department for the fingerprint processing |
335 | and criminal records checks performed during the month, and the |
336 | department shall pay the invoice from the fees collected. The |
337 | results of the criminal records checks shall be returned to the |
338 | department, and the department shall screen the results to |
339 | determine whether the person is disqualified under subsection |
340 | (2). |
341 | (b) If a legible set of fingerprints, as determined by the |
342 | Department of Law Enforcement or the Federal Bureau of |
343 | Investigation, cannot be obtained after two attempts, the |
344 | department shall determine whether the person is disqualified |
345 | based upon criminal records checks under the person's name |
346 | conducted by the Department of Law Enforcement and the Federal |
347 | Bureau of Investigation. |
348 | (2)(a) A person required to undergo background screening |
349 | pursuant to this section must not have been convicted or |
350 | incarcerated as a result of having been convicted of a crime |
351 | involving sexual battery, attempted sexual battery, trespass, |
352 | burglary, theft, larceny, dealing in stolen property, receiving |
353 | stolen property, embezzlement, obtaining property by false |
354 | pretenses, possession of altered property, or any other |
355 | fraudulent or dishonest dealing within the previous 10 years. |
356 | (b) The department may grant a person disqualified under |
357 | paragraph (a) an exemption from disqualification for conviction |
358 | of: |
359 | 1. Any felony committed more than 3 years before the date |
360 | of disqualification. |
361 | 2. Any misdemeanor. |
362 | (c) In order for the department to grant an exemption, the |
363 | disqualified person must demonstrate clear and convincing |
364 | evidence of rehabilitation, including, but not limited to, the |
365 | circumstances surrounding the criminal incident for which an |
366 | exemption is sought, the time period that has elapsed since the |
367 | incident, the nature of the harm caused to the victim, and the |
368 | history of the disqualified person since the incident, or any |
369 | other evidence or circumstances indicating that the disqualified |
370 | person will not present a danger to the public if an exemption |
371 | is granted. |
372 | (3)(a) All fingerprints submitted to the Department of Law |
373 | Enforcement pursuant to this section must be submitted |
374 | electronically and shall be retained by the Department of Law |
375 | Enforcement in a manner provided by rule and entered in the |
376 | statewide automated fingerprint identification system authorized |
377 | by s. 943.05(2)(b). The fingerprints shall thereafter be |
378 | available for all purposes and uses authorized for arrest |
379 | fingerprints entered in the statewide automated fingerprint |
380 | identification system pursuant to s. 943.051. |
381 | (b) The Department of Law Enforcement shall search all |
382 | arrest fingerprints received under s. 943.051 against the |
383 | fingerprints retained in the statewide automated fingerprint |
384 | identification system under paragraph (a). Any arrest record |
385 | that is identified with the retained fingerprints of a person |
386 | subject to background screening under this section shall be |
387 | reported to the department. Each locksmith services business |
388 | must participate in the search process by notifying the |
389 | department of any change in a person's status as a person listed |
390 | s. 559.945(1)(f) if, as a result of the change, the person's |
391 | fingerprints are no longer required to be retained under |
392 | paragraph (a). |
393 | (c) Each licensee shall pay to the department a fee for |
394 | the cost of retaining the fingerprints and performing the |
395 | ongoing searches of arrest records under paragraph (b). The |
396 | Department of Law Enforcement shall submit an invoice to the |
397 | department for the fingerprints retained and searches performed, |
398 | and the department shall pay the invoice from the fees |
399 | collected. The Department of Law Enforcement shall adopt rules |
400 | establishing the amount of the fee and procedures for retaining |
401 | the fingerprints, performing the searches, and disseminating the |
402 | search results. The department shall notify the Department of |
403 | Law Enforcement of any change in a person's status as a person |
404 | listed s. 559.945(1)(f) if, as a result of the change, the |
405 | person's fingerprints are no longer required to be retained |
406 | under paragraph (a). |
407 | (4) Before expiration of the time limit in s. 120.60 for |
408 | approving an application, if the department does not receive |
409 | criminal justice information for any person listed in s. |
410 | 559.945(1)(f), or receives criminal justice information that |
411 | includes a crime that may disqualify the person but does not |
412 | include a final disposition of the crime, the time limit in s. |
413 | 120.60 for approving the application is extended until the |
414 | department receives the final disposition of the crime or proof |
415 | of restoration of civil rights. However, an applicant may only |
416 | operate as an apprentice locksmith until the final disposition |
417 | of the crime or the proof of restoration of the applicant's |
418 | civil rights is received by the department. |
419 | (5) The Department of Law Enforcement shall provide the |
420 | department, upon request, with any criminal justice information |
421 | in its possession of a person who is: |
422 | (a) A licensee or applicant for a license under this part; |
423 | or |
424 | (b) Employed by a licensee or applicant for a license |
425 | under this part. |
426 | 559.947 Licensure by endorsement.- |
427 | (1) A person may be licensed as a locksmith services |
428 | business in this state upon applying to the department, |
429 | remitting the nonrefundable biennial license fee calculated as |
430 | required in s. 559.945(2)(a), and demonstrating to the |
431 | department that the applicant: |
432 | (a) Meets the qualifications for licensure in s. 559.945; |
433 | or |
434 | (b) Holds a valid locksmith services business license, or |
435 | the equivalent thereof, issued by another state, territory, or |
436 | possession of the United States, the District of Columbia, or |
437 | the Commonwealth of Puerto Rico with which the department has |
438 | established reciprocity. |
439 | (2) The department may establish reciprocity with other |
440 | states, territories, or possessions of the United States, the |
441 | District of Columbia, or the Commonwealth of Puerto Rico and may |
442 | adopt criteria for establishing reciprocity, subject to the |
443 | following: |
444 | (a) The licensing requirements of the other state, |
445 | territory, or possession must substantially meet or exceed the |
446 | requirements of s. 559.945. |
447 | (b) The other state, territory, or possession must issue a |
448 | license, or the equivalent thereof, to a locksmith services |
449 | business that is licensed in this state and seeks to do business |
450 | in the other state, territory, or possession. |
451 | 559.948 License renewal.-Each locksmith services business |
452 | license must be renewed biennially on or before the license's |
453 | expiration date. To apply for renewal of a license, the licensee |
454 | must submit each of the following to the department: |
455 | (1) A renewal application in the format prescribed by the |
456 | department that includes the information required for initial |
457 | licensure in s. 559.945(1). |
458 | (2) Payment of the nonrefundable biennial license fee, |
459 | calculated as required in s. 559.945(2)(a). |
460 | (3) Proof of liability insurance coverage as required in |
461 | s. 559.95. |
462 | (4) For each person listed in s. 559.945(1)(f), an updated |
463 | affidavit of the person's criminal history, if any. |
464 | (5) For each person listed in s. 559.945(1)(f) who has not |
465 | undergone background screening, a set of fingerprints submitted |
466 | in the manner prescribed by the department, an affidavit of the |
467 | person's criminal history, if any, and payment of any fees or |
468 | costs required under s. 559.946. |
469 | 559.949 Denial, suspension, revocation, or refusal to |
470 | renew license.-The department may deny, suspend, revoke, or |
471 | refuse to renew the license of a locksmith services business |
472 | based upon a determination that the locksmith services business |
473 | or any person listed in s. 559.945(1)(f): |
474 | (1) Failed to meet the requirements for licensure as |
475 | provided in this part; |
476 | (2) Is disqualified based upon background screening |
477 | pursuant to s. 559.946(2); |
478 | (3) Received any civil, criminal, or administrative |
479 | adjudication in any jurisdiction; |
480 | (4) Has had a judgment entered against the business or |
481 | person in any action brought under the Florida Deceptive and |
482 | Unfair Trade Practices Act in part II of chapter 501; or |
483 | (5) Failed to maintain liability insurance as required in |
484 | s. 559.95. |
485 | 559.95 Liability insurance.- |
486 | (1) A locksmith services business must maintain current |
487 | and valid liability insurance coverage of at least $100,000 per |
488 | incident for loss or damages resulting from the negligence of |
489 | the locksmith services business or any of its locksmiths, |
490 | apprentice locksmiths, employees, or agents. |
491 | (2) The insurance coverage must be issued by an insurance |
492 | company or carrier licensed to transact business in this state |
493 | under the Florida Insurance Code. The department shall require a |
494 | locksmith services business to present a policy or certificate |
495 | of insurance of the required coverage before issuance or renewal |
496 | of a license. The department shall be named as a |
497 | certificateholder in the policy or certificate and must be |
498 | notified at least 30 days before any changes in insurance |
499 | coverage. |
500 | (3) Notwithstanding the availability of administrative |
501 | relief under chapter 120, the department may seek an immediate |
502 | injunction in the circuit court of the county in which the |
503 | business is located that prohibits the locksmith services |
504 | business from operating until the business complies with this |
505 | section and imposes a civil penalty not to exceed $10,000 and |
506 | reasonable court costs. |
507 | 559.951 Locksmiths; apprentice locksmiths; photo |
508 | identification cards; display of license and license number.- |
509 | (1) A person may not perform locksmith services on behalf |
510 | of a locksmith services business unless the person is the |
511 | licensee or one of the following: |
512 | (a) Locksmith.-Except as provided in paragraph (b) for an |
513 | automotive-only locksmith, a locksmith must be 18 years of age |
514 | or older and complete 16 hours of training, including training |
515 | in industry ethics and the provisions of the federal Americans |
516 | with Disabilities Act, the Florida Building Code, the Florida |
517 | Fire Prevention Code, and the Life Safety Code relating to |
518 | locksmith services or the installation of locks. |
519 | (b) Automotive-only locksmith.-An automotive-only |
520 | locksmith must be 18 years of age or older and complete a |
521 | training course in industry ethics. |
522 | (c) Apprentice locksmith.-An apprentice locksmith must be |
523 | 15 years of age or older and complete a minimum of 16 hours of |
524 | training, including training in industry ethics and the |
525 | provisions of the federal Americans with Disabilities Act, the |
526 | Florida Building Code, the Florida Fire Prevention Code, and the |
527 | Life Safety Code relating to locksmith services or the |
528 | installation of locks. An apprentice locksmith may perform |
529 | locksmith services only under the direct and continuous |
530 | supervision of a locksmith or automotive-only locksmith. An |
531 | apprentice locksmith may not perform or contract to perform |
532 | locksmith services without the express approval of his or her |
533 | supervising locksmith. The supervising locksmith is responsible |
534 | for any violation of this part committed by the apprentice |
535 | locksmith. |
536 | (2)(a) Except as provided in paragraph (b) for an |
537 | automotive-only locksmith, every 2 years, a locksmith must |
538 | complete at least 16 hours of training, including training on |
539 | the provisions of the federal Americans with Disabilities Act, |
540 | the Florida Building Code, the Florida Fire Prevention Code, and |
541 | the Life Safety Code relating to locksmith services and the |
542 | installation of locks. |
543 | (b) Every 2 years, an automotive-only locksmith must |
544 | complete at least 8 hours of industry-related training. The |
545 | training must include, but is not limited to, training in |
546 | industry ethics. |
547 | (3) Each locksmith services business must maintain a |
548 | personnel record of each locksmith, automotive-only locksmith, |
549 | and apprentice locksmith who performs locksmith services on |
550 | behalf of the licensee. The personnel record must include: |
551 | (a) Two copies of a photograph taken of the locksmith, |
552 | automotive-only locksmith, or apprentice locksmith within 10 |
553 | days after the date that he or she begins to perform locksmith |
554 | services on behalf of the licensee. One copy shall be used for |
555 | the locksmith's or apprentice's photo identification card. The |
556 | second copy shall be retained in his or her personnel record. |
557 | Both copies of the photograph shall be replaced with a current |
558 | photograph at least once every 2 calendar years. |
559 | (b) An affidavit of the locksmith's, automotive-only |
560 | locksmith's, or apprentice locksmith's criminal history, if any. |
561 | (c) Documentation provided by the locksmith services |
562 | business that demonstrates completion of the training required |
563 | in subsections (1) and (2). |
564 | (4) Each locksmith services business shall issue a photo |
565 | identification card to each locksmith, automotive-only |
566 | locksmith, and apprentice locksmith performing locksmith |
567 | services on behalf of the licensee. A photo identification card |
568 | must contain the name and photograph of the locksmith or |
569 | apprentice, the name of the locksmith services business, and the |
570 | license number. The photo identification card must also include: |
571 | (a) For a locksmith, the word "Locksmith." |
572 | (b) For an automotive-only locksmith, the phrase |
573 | "Automotive-Only Locksmith." |
574 | (c) For an apprentice locksmith, the word "Apprentice." |
575 | |
576 | Each locksmith, automotive-only locksmith, and apprentice |
577 | locksmith must display the photo identification card on his or |
578 | her person at all times while performing locksmith services. |
579 | (5) A locksmith services business must display a copy of |
580 | its locksmith services business license at each business |
581 | location in a manner easily readable by the general public. A |
582 | mobile locksmith services business shall keep a copy of the |
583 | license in each service vehicle for immediate presentation to |
584 | any law enforcement officer, state or local official, or member |
585 | of the general public upon request. |
586 | (6) Each advertisement or other form of advertising, each |
587 | service vehicle, and each work order, invoice, sales receipt, or |
588 | other business form of a licensee must include the license |
589 | number and name of the locksmith services business as they |
590 | appear on the license issued by the department. |
591 | 559.952 Acceptable forms of payment; locksmith services |
592 | business records.- |
593 | (1) A locksmith services business shall accept at least |
594 | two of the following methods of payment: |
595 | (a) Cash, cashier's check, money order, or traveler's |
596 | check; |
597 | (b) Valid personal check, showing upon its face the name |
598 | and address of the person or an authorized representative for |
599 | whom the locksmith services were performed; or |
600 | (c) Valid credit card, which includes, but is not limited |
601 | to, Visa or MasterCard. |
602 | (2) A locksmith services business shall clearly and |
603 | conspicuously disclose to the person requesting locksmith |
604 | services in a work order, invoice, or sales receipt the methods |
605 | of payment that the locksmith services business accepts. |
606 | (3)(a) A locksmith services business must retain a copy of |
607 | each work order, invoice, and sales receipt for at least 2 |
608 | years. |
609 | (b) Each work order, invoice, and sales receipt must |
610 | include the name of the person performing the service. |
611 | (c) A copy of each work order, invoice, and sales receipt |
612 | must be readily available for inspection at any time during |
613 | normal business hours by the department. |
614 | 559.953 Prohibited acts.- |
615 | (1) A person may not: |
616 | (a) Perform or offer to perform locksmith services without |
617 | having or acting under a valid license issued by the department |
618 | under this part. |
619 | (b) Advertise or represent himself or herself as a |
620 | locksmith services business without having a valid license |
621 | issued by the department under this part. |
622 | (c) Operate a locksmith referral service without having a |
623 | valid license issued by the department under this part. |
624 | (2) A licensee, or a locksmith, apprentice locksmith, or |
625 | other person acting on behalf of a licensee, may not: |
626 | (a) Require a consumer to waive his or her rights provided |
627 | in this part as a precondition to the performance of locksmith |
628 | services. |
629 | (b) Fail or refuse, after notice, to provide any law |
630 | enforcement officer or the department with any document or |
631 | record or disclose any information required to be produced or |
632 | disclosed. |
633 | (c) Employ or contract with any person disqualified under |
634 | s. 559.946 to perform locksmith services on behalf of the |
635 | licensee. |
636 | (d) Submit to the department the fingerprints of a person |
637 | other than the person for whom fingerprints must be submitted |
638 | pursuant to s. 559.946 or fail to submit replacement |
639 | fingerprints for a locksmith or apprentice locksmith whose |
640 | original fingerprint submissions are returned to the department |
641 | as unclassifiable by the screening agency. |
642 | (e) Use a mailing address, registration facility, drop |
643 | box, or answering service in the promotion, advertisement, |
644 | solicitation, or sale of locksmith services, unless the street |
645 | address of the licensed business location is clearly disclosed |
646 | during any telephone solicitation and is prominently and |
647 | conspicuously disclosed in all advertisements and on the work |
648 | orders, invoices, and sales receipts. |
649 | (f) Operate as a locksmith services business at a business |
650 | location other than the location that appears on the license |
651 | issued by the department. |
652 | (g) Make a false statement in response to a request or |
653 | investigation by the department, the Department of Legal |
654 | Affairs, a law enforcement officer, or a state attorney. |
655 | (h) Make a material false statement in an application, |
656 | document, or record required to be submitted or kept under this |
657 | part. |
658 | (i) Commit any other act of fraud or misrepresentation or |
659 | fail to disclose a material fact. |
660 | (j) Disclose or permit the disclosure of any consumer |
661 | information without the consumer's written approval, except as |
662 | authorized by this part. |
663 | (k) Violate this part or any rule adopted or order issued |
664 | under this part. |
665 | 559.954 Civil penalties; remedies.- |
666 | (1) A consumer injured by a violation of this part may |
667 | bring an action in the appropriate court for relief. The court |
668 | may award reasonable costs and attorney's fees to the prevailing |
669 | party. The consumer may also bring an action for injunctive |
670 | relief in the circuit court. |
671 | (2)(a) The department may bring an action in a court of |
672 | competent jurisdiction to recover any penalties or damages |
673 | authorized in this part and for injunctive relief to enforce |
674 | this part. |
675 | (b) The department may seek a civil penalty of up to |
676 | $10,000 for each violation of this part. |
677 | (c) The department may seek restitution for and on behalf |
678 | of any consumer injured by a violation of this part. |
679 | (3) An agreement or representation that waives, limits, |
680 | restricts, or avoids any duty, obligation, or requirement of a |
681 | locksmith services business, as provided in this part, is void. |
682 | (4) A remedy provided in this part is in addition to any |
683 | other remedy otherwise available for the same conduct. |
684 | 559.955 Administrative remedies; penalties.- |
685 | (1) The department shall process a consumer complaint |
686 | against a locksmith services business in the manner described in |
687 | ss. 570.07 and 570.544. |
688 | (2) A locksmith services business shall allow department |
689 | personnel to enter its business locations for purposes of |
690 | determining whether the license is current. If department |
691 | personnel are refused entry or access to the premises, the |
692 | department may seek injunctive relief in circuit court to |
693 | enforce this subsection. |
694 | (3) If the department determines that a locksmith services |
695 | business has violated, or is operating in violation of, this |
696 | part or any rules adopted or orders issued under this part, the |
697 | department may enter an order doing one or more of the |
698 | following: |
699 | (a) Issuing a notice of noncompliance under s. 120.695. |
700 | (b) Imposing an administrative fine not to exceed $10,000 |
701 | for each act or omission. |
702 | (c) Directing that the locksmith services business cease |
703 | and desist specified activities. |
704 | (d) Refusing to issue or renew, suspending, or revoking a |
705 | license. |
706 | (e) Placing the licensee on probation for a specified |
707 | period, subject to conditions specified by the department. |
708 | (4) Administrative proceedings that may result in an order |
709 | imposing any of the penalties specified in subsection (3) are |
710 | governed by chapter 120. |
711 | (5) In a final order imposing an administrative fine or |
712 | refusing to issue or renew, suspending, or revoking a license, |
713 | the department may assess against the sanctioned party the cost |
714 | of conducting the administrative proceedings, unless the |
715 | department determines that the offense was inadvertent or done |
716 | in a good faith belief that the act or omission did not violate |
717 | a state law or rule. An assessment is limited to the reasonable |
718 | hourly rate of the hearing officer and the actual cost of |
719 | recording or transcribing the proceedings. |
720 | (6)(a) The department shall prominently post a "Closed by |
721 | Order of the Department" sign on a locksmith services business |
722 | whose license is suspended or revoked. The department shall also |
723 | post a sign on a locksmith services business that is judicially |
724 | or administratively determined to be operating without a |
725 | license. |
726 | (b) A person who defaces or removes the sign without |
727 | written authorization from the department, or a locksmith |
728 | services business that opens for operation without a license or |
729 | opens for operation as a locksmith services business while its |
730 | license is suspended or revoked, commits a misdemeanor of the |
731 | second degree, punishable as provided in s. 775.082 or s. |
732 | 775.083. |
733 | (c) A criminal penalty imposed under this subsection shall |
734 | be in addition to any administrative sanction imposed by the |
735 | department under subsection (3). |
736 | 559.956 Deceptive and unfair trade practices.-A person who |
737 | violates any provision of this part commits an unfair or |
738 | deceptive trade practice and is subject to the penalties and |
739 | remedies provided in part II of chapter 501. |
740 | 559.957 Criminal penalties.-A person who violates s. |
741 | 559.953 commits a misdemeanor of the first degree, punishable as |
742 | provided in s. 775.082 or s. 775.083. |
743 | 559.958 Rulemaking authority.-The department shall adopt |
744 | rules pursuant to ss. 120.536(1) and 120.54 to administer this |
745 | part. The rules shall include, but are not limited to, the |
746 | following: |
747 | (1) Requirements and procedures for the licensure of |
748 | locksmith services businesses. |
749 | (2) Requirements and procedures for the fingerprinting and |
750 | background screening of persons listed in s. 559.945(1)(f) for |
751 | criminal justice information. |
752 | (3) Forms required to implement this part, including |
753 | license applications, renewal applications, fingerprint |
754 | submissions, affidavits of criminal history, and photo |
755 | identification cards. |
756 | (4) Establishment of application, license, renewal, and |
757 | other reasonable and necessary fees based upon the department's |
758 | estimate of the costs of administering this part. |
759 | (5) Establishment and periodic update of a background |
760 | screening fee schedule to incorporate fee changes by the Federal |
761 | Bureau of Investigation, the Department of Law Enforcement, and |
762 | other entities involved in conducting the background screenings. |
763 | (6) Methods of obtaining and renewing photographs for |
764 | photo identification. |
765 | (7) Use and display of licenses and license numbers. |
766 | 559.959 Deposit and use of revenues from fees, civil |
767 | penalties, and fines.-Any fees, civil penalties, administrative |
768 | fines, or other funds collected by the department pursuant to |
769 | this part shall be deposited in the General Inspection Trust |
770 | Fund and used to administer this part. |
771 | 559.96 Preemption; local business tax receipts.- |
772 | (1) Effective July 1, 2011, this part preempts any local |
773 | act, law, ordinance, or regulation of a county or municipality |
774 | that relates to locksmith services, locksmiths, or locksmith |
775 | services businesses that does not meet or exceed the |
776 | requirements of this part. |
777 | (2) A county or municipality may not issue or renew a |
778 | local business tax receipt for a locksmith services business |
779 | unless the person applying for or renewing the local business |
780 | tax receipt exhibits a valid license issued by the department. |
781 | 559.961 Florida Locksmith Services Advisory Council.-The |
782 | Florida Locksmith Services Advisory Council is created within |
783 | the department to advise and assist the department in carrying |
784 | out this part. |
785 | (1) The council shall be composed of nine members |
786 | appointed by the Commissioner of Agriculture, as follows: |
787 | (a) Six industry members must be owners or employees of |
788 | locksmith services businesses licensed under this part, as |
789 | follows: |
790 | 1. Five members must be locksmiths who are owners or |
791 | employees of separate, licensed locksmith services businesses |
792 | who do not perform automotive-only locksmith services. |
793 | 2. One member must be an automotive-only locksmith who is |
794 | an owner or employee of a licensed locksmith services business. |
795 | (b) One member must be an electrical contractor certified |
796 | under part II of chapter 489. |
797 | (c) One member must have private investigative, private |
798 | security, motor vehicle recovery, or law enforcement experience |
799 | or expertise. |
800 | (d) One member must be a consumer who is not affiliated |
801 | with any locksmith services business. |
802 | |
803 | Each member must be a resident of the state. Each member, except |
804 | the consumer member, must have at least 3 years of experience |
805 | and be currently engaged in the profession. Initial industry |
806 | members must be owners or employees of locksmith services |
807 | businesses. |
808 | (2) Members shall be appointed for 4-year terms, must be |
809 | geographically representative of the state, and, unless there is |
810 | no other applicant seeking appointment to the council, may not |
811 | be appointed for more than two consecutive terms. A member whose |
812 | term expires shall continue to serve until his or her successor |
813 | is appointed. A vacancy occurring before the expiration of a |
814 | member's term shall be filled by the commissioner for the |
815 | remainder of the term. |
816 | (3)(a) The council shall annually elect a chair and a vice |
817 | chair from among its appointed members. |
818 | (b) The council shall meet at the call of the chair, upon |
819 | the request of a majority of its membership, or upon the request |
820 | of the Commissioner of Agriculture. |
821 | (c) In conducting its meetings, the council shall use |
822 | accepted rules of procedure. The department shall keep a |
823 | complete record of each meeting, which must show the names of |
824 | the members present and actions taken. The department shall keep |
825 | the records of the council. |
826 | (4) Members of the council shall serve without |
827 | compensation but are entitled to per diem and travel expenses as |
828 | provided in s. 112.061. |
829 | (5) The department shall provide administrative and staff |
830 | support for the council. |
831 | (6) The council may review any rules adopted by the |
832 | department pursuant to this part and may advise the department |
833 | on matters relating to advancements in industry standards, |
834 | practices, and other issues that require technical expertise and |
835 | consultation or that promote consumer protection in the |
836 | locksmith services industry. |
837 | Section 2. This act shall take effect July 1, 2010. |
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