Bill Text: FL H0301 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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CS/HB 301

1	A bill to be entitled
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 the regulation 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	PART XII
69	LOCKSMITH SERVICES
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 in an emergency situation in
173	which the life of a person, livestock, or an animal generally
174	regarded as a pet is endangered.
175	(2) A sales representative who provides a bona fide sales
176	demonstration of products to locksmiths.
177	(3) An in-store employee of a hardware store, do-it-
178	yourself home products store, or other retail store who rekeys
179	locks being purchased in the store.
180	(4) An electrical or alarm system contractor registered or
181	certified under chapter 489 who is acting within the scope of
182	his or her practice.
183	(5) A person who lawfully acquires and uses a key
184	duplication machine or key blanks to duplicate keys.
185	(6) A property owner or agent of a property owner who
186	maintains a file of key cutting data for a master key system on
187	the property.
188	(7) An employee of a financial institution as defined in
189	s. 655.005 who provides safe, safe-deposit box, or vault
190	services at the financial institution.
191	(8) A motor vehicle dealer as defined in s. 320.27, a
192	motor vehicle repair shop as defined in s. 559.903, or a lock
193	manufacturer or agent of a lock manufacturer who services,
194	installs, repairs, or rebuilds motor vehicle locks or originates
195	and duplicates motor vehicle keys.
196	(9) Building trades personnel who:
197	(a) Install locks or locking devices on a construction
198	project that requires a building permit; or
199	(b) Install locks or locking devices for home repair or
200	improvement, if the locks are designed for installation by the
201	customer and such home repair or improvement is part of a larger
202	repair or replacement project.
203	(10) A wrecker operator as defined in s. 1.01(15) who
204	possesses or uses the car-opening tools which are necessary to
205	unlock vehicles, if the wrecker operator does not advertise
206	locksmith services or otherwise advertise himself or herself as
207	a locksmith.
208	(11) An automobile club as defined in s. 627.8405(1) when
209	towing a motor vehicle for a club member or assisting a club
210	member to enter a locked motor vehicle.
211	(12) A hardware store, do-it-yourself home product store,
212	or other retail store that sells locks and safes which are
213	designed for use and installation by the customer without
214	professional assistance.
215	559.945 Locksmith services business; licensure.-
216	(1) A person may not perform or offer to perform locksmith
217	services for compensation, advertise or represent himself or
218	herself as a locksmith services business, or operate a locksmith
219	referral service in this state unless the person is licensed
220	under this part. However, a locksmith or apprentice locksmith
221	performing locksmith services on behalf of a licensee is not
222	required to obtain a separate license. An application for
223	licensure must be submitted to the department in the format
224	prescribed by the department and must include, at a minimum, the
225	following:
226	(a) The full legal name and mailing address of the
227	applicant.
228	(b) Each name under which the applicant does business in
229	this state and, if the applicant is doing business under a
230	fictitious name, the date on which the applicant registered the
231	fictitious name with the Department of State.
232	(c) The mailing address, street address, and telephone
233	number of the applicant's principal business location and, if
234	the applicant performs locksmith services or operates a
235	locksmith referral service at more than one business location,
236	the mailing address, street address, and telephone number of
237	each additional business location.
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 the department determines that the biennial license fees
281	established under this subsection for an initial or renewal
282	application impose a significant financial hardship upon the
283	applicant, the department may waive or reduce the fees to the
284	amount necessary to alleviate the hardship.
285	(b) Proof of liability insurance coverage as required in
286	s. 559.95.
287	(c) For each person listed in paragraph (1)(f), a set of
288	fingerprints submitted in the manner prescribed by the
289	department, an affidavit of the person's criminal history, if
290	any, and payment of any fees or costs required under s. 559.946
291	for background screening.
292	(3)(a) The department shall issue a license to each
293	applicant in the format prescribed by the department in
294	accordance with s. 120.60. The license must show at least the
295	name, the street address of each business location listed in the
296	application pursuant to paragraph (1)(c), and the license number
297	of the locksmith services business. If the applicant is a mobile
298	locksmith services business, the license must show the residence
299	address of the owner, if different than the street address of
300	the business location where the applicant's records are kept.
301	(b) A license issued under this part may not be
302	transferred or assigned and is valid only for the licensee and
303	the business locations for which it is issued.
304	(c) A locksmith services business license is valid for 2
305	years from the date of issuance. To provide for the biennial
306	renewal of licenses under s. 559.948, the department may adopt
307	rules to stagger the license expiration dates over a 2-year
308	period.
309	(4)(a) A licensee must notify the department in writing at
310	least 30 days before changing a locksmith services business
311	location. The department shall issue to the licensee an amended
312	license that shows the new business location.
313	(b) Within 10 days after a person listed in paragraph
314	(1)(f) begins his or her duties with a licensee, the licensee
315	must submit a set of the person's fingerprints in the manner
316	prescribed by the department, an affidavit of the person's
317	criminal history, if any, and payment of any fees or costs
318	required under s. 559.946 for background screening.
319	559.946 Locksmith services businesses; fingerprinting and
320	background screening; disqualification.-
321	(1)(a) Each person listed in s. 559.945(1)(f) must be
322	fingerprinted and undergo background screening for criminal
323	justice information as defined in s. 943.045. The department
324	shall submit each set of fingerprints to the Department of Law
325	Enforcement for statewide criminal records checks, and the
326	Department of Law Enforcement shall forward the fingerprints to
327	the Federal Bureau of Investigation for federal criminal records
328	checks. The cost of the fingerprint processing and criminal
329	records checks shall be borne by the locksmith services business
330	or the person required to be fingerprinted and shall be paid to
331	the department. The Department of Law Enforcement shall submit a
332	monthly invoice to the department for the fingerprint processing
333	and criminal records checks performed during the month, and the
334	department shall pay the invoice from the fees collected. The
335	results of the criminal records checks shall be returned to the
336	department, and the department shall screen the results to
337	determine whether the person is disqualified under subsection
338	(2).
339	(b) If a legible set of fingerprints, as determined by the
340	Department of Law Enforcement or the Federal Bureau of
341	Investigation, cannot be obtained after two attempts, the
342	department shall determine whether the person is disqualified
343	based upon criminal records checks under the person's name
344	conducted by the Department of Law Enforcement and the Federal
345	Bureau of Investigation.
346	(2)(a) A person required to undergo background screening
347	pursuant to this section must not have been convicted or
348	incarcerated as a result of having been convicted of a crime
349	involving trespass, burglary, theft, larceny, dealing in stolen
350	property, receiving stolen property, embezzlement, obtaining
351	property by false pretenses, possession of altered property, or
352	any other fraudulent or dishonest dealing within the previous 10
353	years.
354	(b) The department may grant a person disqualified under
355	paragraph (a) an exemption from disqualification for:
356	1. Any felony committed more than 3 years before the date
357	of disqualification.
358	2. Any misdemeanor.
359	3. Any misdemeanor or noncriminal offense that was a
360	felony when it was committed.
361	(c) In order for the department to grant an exemption, the
362	disqualified person must demonstrate by clear and convincing
363	evidence that he or she should not be disqualified. A
364	disqualified person seeking an exemption has the burden of
365	setting forth sufficient evidence of rehabilitation, including,
366	but not limited to, the circumstances surrounding the criminal
367	incident for which an exemption is sought, the time period that
368	has elapsed since the incident, the nature of the harm caused to
369	the victim, and the history of the disqualified person since the
370	incident, or any other evidence or circumstances indicating that
371	the disqualified person will not present a danger to the public
372	if an exemption is granted.
373	(3)(a) All fingerprints submitted to the Department of Law
374	Enforcement as required by this section shall be retained by the
375	Department of Law Enforcement in a manner provided by rule and
376	entered in the statewide automated fingerprint identification
377	system authorized by s. 943.05(2)(b). The fingerprints shall
378	thereafter be available for all purposes and uses authorized for
379	arrest fingerprints entered in the statewide automated
380	fingerprint 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 final disposition of the crime or proof of
415	restoration of civil rights.
416	(5) The Department of Law Enforcement shall provide the
417	department, upon request, with any criminal justice information
418	in its possession of a person who is:
419	(a) A licensee or applicant for a license under this part;
420	or
421	(b) Employed by a licensee or applicant for a license
422	under this part.
423	559.947 Licensure by endorsement.-
424	(1) A person may be licensed as a locksmith services
425	business in this state upon applying to the department,
426	remitting the nonrefundable biennial license fee calculated as
427	required in s. 559.945(2)(a), and demonstrating to the
428	department that the applicant:
429	(a) Meets the qualifications for licensure in s. 559.945;
430	or
431	(b) Holds a valid locksmith services business license, or
432	the equivalent thereof, issued by another state, territory, or
433	possession of the United States, the District of Columbia, or
434	the Commonwealth of Puerto Rico with which the department has
435	established reciprocity.
436	(2) The department may establish reciprocity with other
437	states, territories, or possessions of the United States, the
438	District of Columbia, or the Commonwealth of Puerto Rico and may
439	adopt criteria for establishing reciprocity, subject to the
440	following:
441	(a) The licensing requirements of the other state,
442	territory, or possession must substantially meet or exceed the
443	requirements of s. 559.945.
444	(b) The other state, territory, or possession must issue a
445	license, or the equivalent thereof, to a locksmith services
446	business that is licensed in this state and seeks to do business
447	in the other state, territory, or possession.
448	559.948 License renewal.-Each locksmith services business
449	license must be renewed biennially on or before the license's
450	expiration date. To apply for renewal of a license, the licensee
451	must submit each of the following to the department:
452	(1) A renewal application in the format prescribed by the
453	department that includes the information required for initial
454	licensure in s. 559.945(1).
455	(2) Payment of the nonrefundable biennial license fee,
456	calculated as required in s. 559.945(2)(a).
457	(3) Proof of liability insurance coverage as required in
458	s. 559.95.
459	(4) For each person listed in s. 559.945(1)(f), an updated
460	affidavit of the person's criminal history, if any.
461	(5) For each person listed in s. 559.945(1)(f) who has not
462	undergone background screening, a set of fingerprints submitted
463	in the manner prescribed by the department, an affidavit of the
464	person's criminal history, if any, and payment of any fees or
465	costs required under s. 559.946.
466	559.949 Denial, suspension, revocation, or refusal to
467	renew license.-The department may deny, suspend, revoke, or
468	refuse to renew the license of a locksmith services business
469	based upon a determination that the locksmith services business
470	or any person listed in s. 559.945(1)(f):
471	(1) Failed to meet the requirements for licensure as
472	provided in this part;
473	(2) Is disqualified based upon background screening
474	pursuant to s. 559.946(2);
475	(3) Failed to satisfy a civil penalty, administrative
476	fine, or other penalty arising out of an administrative or
477	enforcement action brought by any governmental agency;
478	(4) Received any civil, criminal, or administrative
479	adjudication in any jurisdiction; or
480	(5) 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.
483	559.95 Liability insurance.-
484	(1) A locksmith services business must maintain current
485	and valid liability insurance coverage of at least $100,000 per
486	incident for loss or damages resulting from the negligence of
487	the locksmith services business or any of its locksmiths,
488	apprentice locksmiths, employees, or agents.
489	(2) The insurance coverage must be issued by an insurance
490	company or carrier licensed to transact business in this state
491	under the Florida Insurance Code. The department shall require a
492	locksmith services business to present a policy or certificate
493	of insurance of the required coverage before issuance or renewal
494	of a license. The department shall be named as a
495	certificateholder in the policy or certificate and must be
496	notified at least 30 days before any changes in insurance
497	coverage.
498	(3) If a locksmith services business does not maintain the
499	required insurance coverage, the department may immediately
500	suspend the business's license or eligibility for licensure and
501	the business shall immediately cease operating as a locksmith
502	services business. In addition, notwithstanding the availability
503	of administrative relief under chapter 120, the department may
504	seek an immediate injunction in the circuit court of the county
505	in which the business is located that prohibits the locksmith
506	services business from operating until the business complies
507	with this section and imposes a civil penalty not to exceed
508	$10,000 and reasonable court costs.
509	559.951 Locksmiths; apprentice locksmiths; photo
510	identification cards; display of license and license number.-
511	(1) A person may not perform locksmith services on behalf
512	of a locksmith services business unless the person is the
513	licensee or one of the following:
514	(a) Locksmith.-Except as provided in paragraph (b) for an
515	automotive-only locksmith, a locksmith must be 18 years of age
516	or older and complete 16 hours of training, including training
517	in industry ethics, the federal Americans with Disabilities Act,
518	the Florida Building Code, the Florida Fire Prevention Code, and
519	the Life Safety Code.
520	(b) Automotive-only locksmith.-An automotive-only
521	locksmith must be 18 years of age or older and complete a
522	training course in industry ethics.
523	(c) Apprentice locksmith.-An apprentice locksmith must be
524	15 years of age or older and complete a minimum of 16 hours of
525	training, including training in industry ethics, the federal
526	Americans with Disabilities Act, the Florida Building Code, the
527	Florida Fire Prevention Code, and the Life Safety Code. An
528	apprentice locksmith may perform locksmith services only under
529	the direct and continuous supervision of a locksmith or
530	automotive-only locksmith. An apprentice locksmith may not
531	perform or contract to perform locksmith services without the
532	express approval of his or her supervising locksmith. The
533	supervising locksmith is responsible for any violation of this
534	part committed by the apprentice locksmith.
535	(2)(a) Except as provided in paragraph (b) for an
536	automotive-only locksmith, every 2 years, a locksmith must
537	complete at least 16 hours of training, including training on
538	the federal Americans with Disabilities Act, the Florida
539	Building Code, the Florida Fire Prevention Code, and the Life
540	Safety Code.
541	(b) Every 2 years, an automotive-only locksmith must
542	complete at least 8 hours of industry-related training. The
543	training must include, but is not limited to, training in
544	industry ethics.
545	(3) Each locksmith services business must maintain a
546	personnel record of each locksmith, automotive-only locksmith,
547	and apprentice locksmith who performs locksmith services on
548	behalf of the licensee. The personnel record must include:
549	(a) Two copies of a photograph taken of the locksmith,
550	automotive-only locksmith, or apprentice locksmith within 10
551	days after the date that he or she begins to perform locksmith
552	services on behalf of the licensee. One copy shall be used for
553	the locksmith's or apprentice's photo identification card. The
554	second copy shall be retained in his or her personnel record.
555	Both copies of the photograph shall be replaced with a current
556	photograph at least once every 2 calendar years.
557	(b) An affidavit of the locksmith's, automotive-only
558	locksmith's, or apprentice locksmith's criminal history, if any,
559	and the results of the background screening conducted pursuant
560	to s. 559.946.
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) Fraudulently misuse any consumer's credit card.
627	(b) Require a consumer to waive his or her rights provided
628	in this part as a precondition to the performance of locksmith
629	services.
630	(c) Fail or refuse, after notice, to provide any law
631	enforcement officer or the department with any document or
632	record or disclose any information required to be produced or
633	disclosed.
634	(d) Employ or contract with any person disqualified under
635	s. 559.946 to perform locksmith services on behalf of the
636	licensee.
637	(e) Submit to the department the fingerprints of a person
638	other than the person for whom fingerprints must be submitted
639	pursuant to s. 559.946 or fail to submit replacement
640	fingerprints for a locksmith or apprentice locksmith whose
641	original fingerprint submissions are returned to the department
642	as unclassifiable by the screening agency.
643	(f) Use a mailing address, registration facility, drop
644	box, or answering service in the promotion, advertisement,
645	solicitation, or sale of locksmith services, unless the street
646	address of the licensed business location is clearly disclosed
647	during any telephone solicitation and is prominently and
648	conspicuously disclosed in all advertisements and on the work
649	orders, invoices, and sales receipts.
650	(g) Operate as a locksmith services business at a business
651	location other than the location that appears on the license
652	issued by the department.
653	(h) Make a false statement in response to a request or
654	investigation by the department, the Department of Legal
655	Affairs, a law enforcement officer, or a state attorney.
656	(i) Make a material false statement in an application,
657	document, or record required to be submitted or kept under this
658	part.
659	(j) Commit any other act of fraud or misrepresentation or
660	fail to disclose a material fact.
661	(k) Disclose or permit the disclosure of any consumer
662	information without the consumer's written approval, except as
663	authorized by this part.
664	(l) Violate this part or any rule adopted or order issued
665	under this part.
666	559.954 Civil penalties; remedies.-
667	(1) A consumer injured by a violation of this part may
668	bring an action in the appropriate court for relief. The court
669	shall award reasonable costs and attorney's fees to the
670	prevailing party. The consumer may also bring an action for
671	injunctive relief in the circuit court.
672	(2)(a) The department may bring an action in a court of
673	competent jurisdiction to recover any penalties or damages
674	authorized in this part and for injunctive relief to enforce
675	this part.
676	(b) The department may seek a civil penalty of up to
677	$10,000 for each violation of this part.
678	(c) The department may seek restitution for and on behalf
679	of any consumer injured by a violation of this part.
680	(3) An agreement or representation that waives, limits,
681	restricts, or avoids any duty, obligation, or requirement of a
682	locksmith services business, as provided in this part, is void.
683	(4) A remedy provided in this part is in addition to any
684	other remedy otherwise available for the same conduct.
685	559.955 Administrative remedies; penalties.-
686	(1) The department shall process a consumer complaint
687	against a locksmith services business in the manner described in
688	ss. 570.07 and 570.544.
689	(2) A locksmith services business shall allow department
690	personnel to enter its business locations for purposes of
691	determining whether the license is current. If department
692	personnel are refused entry or access to the premises, the
693	department may seek injunctive relief in circuit court to
694	enforce this subsection.
695	(3) If the department determines that a locksmith services
696	business has violated, or is operating in violation of, this
697	part or any rules adopted or orders issued under this part, the
698	department may enter an order doing one or more of the
699	following:
700	(a) Issuing a notice of noncompliance under s. 120.695.
701	(b) Imposing an administrative fine not to exceed $10,000
702	for each act or omission.
703	(c) Directing that the locksmith services business cease
704	and desist specified activities.
705	(d) Refusing to issue or renew, suspending, or revoking a
706	license.
707	(e) Placing the licensee on probation for a specified
708	period, subject to conditions specified by the department.
709	(4) Administrative proceedings that may result in an order
710	imposing any of the penalties specified in subsection (3) are
711	governed by chapter 120.
712	(5) In a final order imposing an administrative fine or
713	refusing to issue or renew, suspending, or revoking a license,
714	the department may assess against the sanctioned party the cost
715	of conducting the administrative proceedings, unless the
716	department determines that the offense was inadvertent or done
717	in a good faith belief that the act or omission did not violate
718	a state law or rule. An assessment is limited to the reasonable
719	hourly rate of the hearing officer and the actual cost of
720	recording or transcribing the proceedings.
721	(6)(a) The department shall prominently post a "Closed by
722	Order of the Department" sign on a locksmith services business
723	whose license is suspended or revoked. The department shall also
724	post a sign on a locksmith services business that is judicially
725	or administratively determined to be operating without a
726	license.
727	(b) A person who defaces or removes the sign without
728	written authorization from the department, or a locksmith
729	services business that opens for operation without a license or
730	opens for operation as a locksmith services business while its
731	license is suspended or revoked, commits a misdemeanor of the
732	second degree, punishable as provided in s. 775.082 or s.
733	775.083.
734	(c) A criminal penalty imposed under this subsection shall
735	be in addition to any administrative sanction imposed by the
736	department under subsection (3).
737	559.956 Deceptive and unfair trade practices.-A person who
738	violates any provision of this part commits an unfair or
739	deceptive trade practice and is subject to the penalties and
740	remedies provided in part II of chapter 501.
741	559.957 Criminal penalties.-A person who violates s.
742	559.953 commits a misdemeanor of the first degree, punishable as
743	provided in s. 775.082 or s. 775.083.
744	559.958 Rulemaking authority.-The department shall adopt
745	rules pursuant to ss. 120.536(1) and 120.54 to administer this
746	part. The rules shall include, but are not limited to, the
747	following:
748	(1) Requirements and procedures for the licensure of
749	locksmith services businesses.
750	(2) Requirements and procedures for the fingerprinting and
751	background screening of persons listed in s. 559.945(1)(f) for
752	criminal justice information.
753	(3) Forms required to implement this part, including
754	license applications, renewal applications, fingerprint
755	submissions, affidavits of criminal history, and photo
756	identification cards.
757	(4) Establishment of application, license, renewal, and
758	other reasonable and necessary fees based upon the department's
759	estimate of the costs of administering this part.
760	(5) Establishment and periodic update of a background
761	screening fee schedule to incorporate fee changes by the Federal
762	Bureau of Investigation, the Department of Law Enforcement, and
763	other entities involved in conducting the background screenings.
764	(6) Methods of obtaining and renewing photographs for
765	photo identification.
766	(7) Use and display of licenses and license numbers.
767	559.959 Deposit and use of revenues from fees, civil
768	penalties, and fines.-Any fees, civil penalties, administrative
769	fines, or other funds collected by the department pursuant to
770	this part shall be deposited in the General Inspection Trust
771	Fund and used to administer this part.
772	559.96 Preemption; local business tax receipts.-
773	(1) Effective July 1, 2011, this part preempts any local
774	act, law, ordinance, or regulation of a county or municipality
775	that relates to locksmith services, locksmiths, or locksmith
776	services businesses.
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 but, notwithstanding paragraph (a), the locksmith
808	services businesses of the initial members are not required to
809	be licensed.
810	(2) Members shall be appointed for 4-year terms and must
811	be geographically representative of the state. 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.

CODING: Words stricken are deletions; words underlined are additions.