Bill Text: FL S1018 | 2014 | Regular Session | Comm Sub
Bill Title: Department of Agriculture and Consumer Services
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7051 (Ch. 2014-147) [S1018 Detail]
Download: Florida-2014-S1018-Comm_Sub.html
Florida Senate - 2014 CS for CS for SB 1018
By the Committees on Appropriations; and Commerce and Tourism;
and Senator Detert
576-04521-14 20141018c2
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 493.6108, F.S.;
4 removing the requirement that an applicant for private
5 investigative, private security, and repossession
6 services provide a written statement by a fingerprint
7 technician or licensed physician under certain
8 conditions; amending s. 493.6113, F.S.; revising
9 recertification training requirements for Class “G”
10 licensees; amending s. 493.6115, F.S.; adding specific
11 handguns to the list of firearms a Class “G” licensee
12 may carry while performing his or her duties; amending
13 s. 493.6305, F.S.; authorizing specified Class “D”
14 licensees to carry an authorized concealed firearm
15 under certain circumstances; amending s. 501.016,
16 F.S.; requiring a health studio to maintain a bond in
17 favor of the department, rather than the state;
18 authorizing liability for specified injuries to be
19 determined in an administrative proceeding or through
20 a civil action; providing that certain claims may be
21 paid only upon an order of the department issued in an
22 administrative proceeding; requiring that a claim
23 against the bond be filed on a form affidavit adopted
24 by rule of the department; providing the process by
25 which a consumer may file a claim against a bond or
26 other form of security; requiring a health studio to
27 pay the department indebtedness determined by final
28 order within 30 days; providing the process by which
29 the department may make a demand if the health studio
30 fails to timely make the payment; providing that the
31 department shall be awarded attorney fees and costs in
32 certain circumstances; amending s. 501.059, F.S.;
33 prohibiting a telephone solicitor or a person from
34 initiating an outbound telephone call to a consumer, a
35 donor, or a potential donor under certain
36 circumstances; repealing s. 501.143, F.S., relating to
37 the Dance Studio Act; amending s. 501.603, F.S.;
38 defining the term “novelty payment”; conforming a
39 cross-reference; amending s. 501.611, F.S.; requiring
40 the bond required of a commercial telephone seller to
41 be in favor of the department for the use and benefit
42 of a purchaser who is injured by specified acts;
43 requiring that a claim against the bond be filed on a
44 form affidavit adopted by rule of the department;
45 providing procedures that a purchaser must follow in
46 filing a claim against the bond or other form of
47 security; providing for payment of indebtedness by the
48 commercial telephone seller to the department;
49 requiring the department to make demand on a surety if
50 a commercial telephone seller fails to pay certain
51 indebtedness within 30 days and providing a process;
52 providing that attorney fees and costs must be awarded
53 to the department in certain circumstances; conforming
54 provisions to changes made by the act; amending s.
55 501.616, F.S.; prohibiting a commercial telephone
56 seller or salesperson from accepting a novelty
57 payment; deleting a provision that prohibits a
58 commercial telephone seller or salesperson from
59 requiring payment to be made by credit card; amending
60 s. 501.913, F.S.; providing that the registration
61 certificate for each brand of antifreeze distributed
62 in this state expires 1 year from the date of issue;
63 amending s. 525.16, F.S.; requiring all previous fines
64 to be disregarded if a new violation of provisions
65 relating to gasoline and oil inspections has not
66 occurred within 3 years after the date of a previous
67 violation; creating s. 526.015, F.S., relating to
68 lubricating oil standards and labeling requirements;
69 prohibiting a person from selling, distributing, or
70 offering for sale or distribution lubricating oil that
71 does not meet specified standards or labeling
72 requirements; requiring such noncompliant products to
73 be placed under a stop-sale order and the lot
74 identified and tagged by the department; prohibiting a
75 person from selling, distributing, or offering for
76 sale or distribution a product under stop-sale order;
77 requiring the department to issue a release order
78 under certain circumstances; repealing s. 526.50(6),
79 F.S., relating to the definition of terms related to
80 the sale of brake fluid; amending s. 526.51, F.S.;
81 providing that a permit authorizing a registrant to
82 sell brake fluid in this state is valid for a
83 specified period from the date of issue; conforming
84 provisions to changes made by the act; amending s.
85 539.001, F.S.; requiring that a claim against the bond
86 be filed on a form affidavit adopted by rule of the
87 department; providing the procedure that a consumer
88 must follow in filing a claim against a bond or other
89 form of security filed with the department by a
90 pawnbroker; providing for payment of indebtedness by
91 the pawnbroker to the department; providing the
92 procedure that a consumer must follow if the
93 pawnbroker fails to make the payment; providing that
94 the agency shall be awarded attorney fees and costs in
95 certain circumstances; amending s. 559.929, F.S.;
96 requiring that a claim against the bond be filed on a
97 form affidavit adopted by rule of the department;
98 providing the procedure that a consumer must follow in
99 filing a claim against a bond or other form of
100 security filed with the department by a seller of
101 travel; providing for payment of indebtedness by the
102 seller of travel to the department; providing
103 procedures that the agency must follow if the seller
104 of travel fails to pay certain indebtedness within 30
105 days and providing a process; providing that the
106 agency shall be awarded attorney fees and costs in
107 certain circumstances; amending s. 943.059, F.S.;
108 providing an exception relating to the acknowledgement
109 of arrests covered by a sealed criminal history record
110 for a person seeking to be licensed to carry a
111 concealed weapon or concealed firearm; providing
112 applicability; amending ss. 205.1969 and 501.015,
113 F.S.; conforming cross-references; providing an
114 appropriation; providing effective dates.
115
116 Be It Enacted by the Legislature of the State of Florida:
117
118 Section 1. Paragraph (a) of subsection (1) of section
119 493.6108, Florida Statutes, is amended to read:
120 493.6108 Investigation of applicants by Department of
121 Agriculture and Consumer Services.—
122 (1) Except as otherwise provided, the department must
123 investigate an applicant for a license under this chapter before
124 it may issue the license. The investigation must include:
125 (a)1. An examination of fingerprint records and police
126 records. If a criminal history record check of an any applicant
127 under this chapter is performed by means of fingerprint
128 identification, the time limitations prescribed by s. 120.60(1)
129 shall be tolled while during the time the applicant’s
130 fingerprints are under review by the Department of Law
131 Enforcement or the United States Department of Justice, Federal
132 Bureau of Investigation.
133 2. If a legible set of fingerprints, as determined by the
134 Department of Law Enforcement or the Federal Bureau of
135 Investigation, cannot be obtained after two attempts, the
136 Department of Agriculture and Consumer Services may determine
137 the applicant’s eligibility based on upon a criminal history
138 record check under the applicant’s name conducted by the Federal
139 Bureau of Investigation Department of Law Enforcement if the
140 fingerprints are taken by a law enforcement agency or the
141 department and the applicant submits a written statement signed
142 by the fingerprint technician or a licensed physician stating
143 that there is a physical condition that precludes obtaining a
144 legible set of fingerprints or that the fingerprints taken are
145 the best that can be obtained.
146 Section 2. Paragraph (b) of subsection (3) of section
147 493.6113, Florida Statutes, is amended to read:
148 493.6113 Renewal application for licensure.—
149 (3) Each licensee is responsible for renewing his or her
150 license on or before its expiration by filing with the
151 department an application for renewal accompanied by payment of
152 the prescribed license fee.
153 (b) Each Class “G” licensee shall additionally submit proof
154 that he or she has received during each year of the license
155 period a minimum of 4 hours of firearms recertification training
156 taught by a Class “K” licensee and has complied with such other
157 health and training requirements that which the department
158 adopts shall adopt by rule. Proof of completion of firearms
159 recertification training shall be submitted to the department
160 upon completion of the training. If the licensee fails to
161 complete the required 4 hours of annual training during
162 documentation of completion of the required training is not
163 submitted by the end of the first year of the 2-year term of the
164 license, the individual’s license shall be automatically
165 suspended until proof of the required training is submitted to
166 the department. The licensee must complete the minimum number of
167 hours of range and classroom training required at the time of
168 initial licensure and submit proof of having completed such
169 training to the department before the license may be reinstated.
170 If the licensee fails to complete the required 4 hours of annual
171 training during documentation of completion of the required
172 training is not submitted by the end of the second year of the
173 2-year term of the license, the licensee must complete the
174 minimum number of hours of range and classroom training required
175 at the time of initial licensure and submit proof of having
176 completed such training to the department before the license may
177 shall not be renewed unless the renewal applicant completes the
178 minimum number of hours of range and classroom training required
179 at the time of initial licensure. The department may waive the
180 firearms training requirement if:
181 1. The applicant provides proof that he or she is currently
182 certified as a law enforcement officer or correctional officer
183 under the Criminal Justice Standards and Training Commission and
184 has completed law enforcement firearms requalification training
185 annually during the previous 2 years of the licensure period;
186 2. The applicant provides proof that he or she is currently
187 certified as a federal law enforcement officer and has received
188 law enforcement firearms training administered by a federal law
189 enforcement agency annually during the previous 2 years of the
190 licensure period; or
191 3. The applicant submits a valid firearm certificate among
192 those specified in s. 493.6105(6)(a) and provides proof of
193 having completed requalification training during the previous 2
194 years of the licensure period.
195 Section 3. Subsection (6) of section 493.6115, Florida
196 Statutes, is amended to read:
197 493.6115 Weapons and firearms.—
198 (6) In addition to any other firearm approved by the
199 department, a licensee who has been issued a Class “G” license
200 may carry a .38 caliber revolver; or a .380 caliber or 9
201 millimeter semiautomatic pistol; or a .357 caliber revolver with
202 .38 caliber ammunition only; a .40 caliber handgun; or a .45 ACP
203 handgun while performing duties authorized under this chapter. A
204 No licensee may not carry more than two firearms upon her or his
205 person when performing her or his duties. A licensee may only
206 carry a firearm of the specific type and caliber with which she
207 or he is qualified pursuant to the firearms training described
208 referenced in subsection (8) or s. 493.6113(3)(b).
209 Section 4. Subsection (4) is added to section 493.6305,
210 Florida Statutes, to read:
211 493.6305 Uniforms, required wear; exceptions.—
212 (4) Class “D” licensees who are also Class “G” licensees
213 and who are performing bodyguard or executive protection
214 services may carry their authorized firearm concealed while
215 wearing plain clothes as needed to provide contracted services
216 to the client.
217 Section 5. Section 501.016, Florida Statutes, is amended to
218 read:
219 501.016 Health studios; security requirements.—Each health
220 studio that sells contracts for health studio services shall
221 meet the following requirements:
222 (1) Each health studio shall maintain for each separate
223 business location a bond issued by a surety company admitted to
224 do business in this state. The principal sum of the bond must
225 shall be $25,000, and the bond, when required, must shall be
226 obtained before a business tax receipt may be issued under
227 chapter 205. Upon issuance of a business tax receipt, the
228 licensing authority shall immediately notify the department of
229 such issuance in a manner established by the department by rule.
230 The bond must shall be in favor of the department state for the
231 benefit of any person injured as a result of a violation of ss.
232 501.012-501.019. Liability for such injuries may be determined
233 in an administrative proceeding of the department pursuant to
234 chapter 120 or through a civil action. However, claims against
235 the bond or certificate of deposit may be paid, in amounts up to
236 the determined liability for such injuries, only by order of the
237 department in an administrative proceeding pursuant to chapter
238 120. The aggregate liability of the surety to all persons for
239 all breaches of the conditions of the bonds provided by this
240 section may not herein shall in no event exceed the amount of
241 the bond. The original surety bond required by this section
242 shall be filed with the department on a form adopted by
243 department rule.
244 (2) In lieu of maintaining the bond required in subsection
245 (1), the health studio may furnish to the department on a form
246 adopted by department rule:
247 (a) An irrevocable letter of credit from any foreign or
248 domestic bank in the amount of $25,000; or
249 (b) A guaranty agreement that is secured by a certificate
250 of deposit in the amount of $25,000.
251
252 The original letter of credit or certificate of deposit
253 submitted in lieu of the bond shall be filed with the
254 department. The department shall decide whether the security
255 furnished in lieu of bond by the health studio complies is in
256 compliance with the requirements of this section.
257 (3) A consumer may file a claim against the bond or other
258 form of security. Such claim must be submitted to the department
259 in writing on a form affidavit approved by department rule
260 within 120 days after an alleged injury has occurred or is
261 discovered to have occurred or a judgment has been entered. The
262 proceedings shall be conducted in accordance with chapter 120.
263 For proceedings conducted under ss. 120.569 and 120.57, the
264 department may act only as a nominal party.
265 (4) The health studio shall pay to the department for
266 distribution to the consumer any indebtedness determined by
267 final order of the department within 30 days after the order is
268 entered. If the health studio fails to make timely payment, the
269 department shall make demand upon the surety, which may include
270 an institution issuing a letter of credit or depository on a
271 certificate of deposit. If a surety fails to comply with a
272 demand for payment issued pursuant to a final order, the
273 department may file an action in circuit court pursuant to s.
274 120.69 to recover payment up to the amount of the bond or other
275 form of security. If the court affirms the department’s demand
276 for payment from the surety, the department shall be awarded
277 court costs and reasonable attorney fees.
278 (5)(3) A health studio that which sells contracts for
279 future health studio services and which collects direct payment
280 on a monthly basis for those services is shall be exempt from
281 the security requirements of subsections (1) and (2) if provided
282 that any service fee charged is a reasonable and fair service
283 fee. The number of monthly payments in such a contract must
284 shall be equal to the number of months in the contract. The
285 contract must shall conform to all the requirements for future
286 health studio services contracts as specified in ss. 501.012
287 501.019 and must shall specify in the terms of the contract the
288 charges to be assessed for those health studio services.
289 (6)(4) If the health studio furnishes the department with
290 evidence satisfactory to the department that the aggregate
291 dollar amount of all current outstanding contracts of the health
292 studio is less than $5,000, the department may, at its
293 discretion, reduce the principal amount of the surety bond or
294 other sufficient financial responsibility required in
295 subsections (1) and (2) to a sum of at least not less than
296 $10,000. However, at any time the aggregate dollar amount of
297 such contracts exceeds $5,000, the health studio shall so notify
298 the department and shall thereupon provide the bond or other
299 documentation as required in subsections (1) and (2). Health
300 studios whose bonds have been reduced shall must provide the
301 department with an annually updated list of members. Failure to
302 file an annual report will result in The department shall
303 increase raising the security requirement to $25,000 for a
304 health studio that fails to file an annual report.
305 (7)(5) Each health studio shall furnish the department with
306 a copy of the escrow account which would contain all funds
307 received for future consumer services, whether provided under by
308 contract or otherwise, sold before prior to the business
309 location’s full operation and specify a date certain for
310 opening, if such an escrow account is established.
311 (8)(6) Subsections (1) and (2) do shall not apply to a
312 health studio that has been operating in compliance with ss.
313 501.012-501.019 and rules adopted thereunder, continuously under
314 the same ownership and control, continuously for the most recent
315 5-year period; in compliance with ss. 501.012-501.019 and the
316 rules adopted thereunder and that has not had any civil,
317 criminal, or administrative adjudication against it by any state
318 or federal agency; and that has a satisfactory consumer
319 complaint history. As used in this subsection, the term
320 “satisfactory consumer complaint history” means that there are
321 no unresolved consumer complaints regarding the health studio
322 are on file with the department. A consumer complaint is
323 unresolved if a health studio has not responded to the
324 department’s efforts to mediate the complaint or if there has
325 been an adjudication that the health studio has violated ss.
326 501.012-501.019 or the rules adopted thereunder. Such exemption
327 extends to all current and future business locations of an
328 exempt health studio.
329 (9)(7) This section does not apply to a business, otherwise
330 defined as a health studio, which sells a single contract of 30
331 days or less to a any member without any option for renewal or
332 any other condition that which establishes any right in the
333 member beyond the term of such contract is exempt from the
334 provisions of this section. However, this exemption does shall
335 not apply if the business offers any other health studio
336 contract, regardless of whatever duration, at any time before or
337 during or prior to the existence of such single contract of 30
338 days or less.
339 (10)(8) Except in the case of a natural disaster or an act
340 of God, a health studio that is exempt from the requirements of
341 subsections (1) and (2), but does not have any that has no
342 business locations open for 14 consecutive days, waives its
343 exemption and is considered to be a new health studio for the
344 purposes of ss. 501.012-501.019.
345 Section 6. Subsection (5) of section 501.059, Florida
346 Statutes, is amended to read:
347 501.059 Telephone solicitation.—
348 (5) A telephone solicitor or person may not initiate an
349 outbound telephone call to a consumer, donor, or potential donor
350 who has previously communicated to the telephone solicitor or
351 person that he or she does not wish to receive an outbound
352 telephone call:
353 (a) Made by or on behalf of the seller whose goods or
354 services are being offered; or
355 (b) Made on behalf of a charitable organization for which a
356 charitable contribution is being solicited.
357 Section 7. Section 501.143, Florida Statutes, is repealed.
358 Section 8. Present subsections (8) through (11) of section
359 501.603, Florida Statutes, are redesignated as subsections (9)
360 through (12), respectively, a new subsection (8) is added to
361 that section, and subsection (2) of that section is amended, to
362 read:
363 501.603 Definitions.—As used in this part, unless the
364 context otherwise requires, the term:
365 (2) “Commercial telephone seller” means a person who
366 engages in commercial telephone solicitation on his or her own
367 behalf or through salespersons. The term, except that a
368 commercial telephone seller does not include a salesperson as
369 defined in subsection (11) or a person or entity operating under
370 a valid affidavit of exemption filed with the department
371 according to s. 501.608(1)(b) or exempted from this part by s.
372 501.604. The term A commercial telephone seller does not include
373 a salesperson as defined in subsection (10). A commercial
374 telephone seller includes, but is not limited to, owners,
375 operators, officers, directors, partners, or other individuals
376 engaged in the management activities of a business entity
377 pursuant to this part.
378 (8) “Novelty payment” means a payment method that does not
379 provide a means of systematic monitoring to detect and deter
380 fraud. The term includes, but is not limited to, the following
381 payment devices:
382 (a) A remotely created check, which is a check that is not
383 created by the paying bank and that does not bear the signature
384 of the person on whose account the check is drawn.
385 (b) A remotely created payment order, which is a payment
386 instruction or order drawn on a person’s account which is
387 initiated or created by the payee and which does not bear the
388 signature of the person on whose account the order is drawn and
389 which is cleared through the check clearing system.
390 (c) A cash-to-cash money transfer, which is the electronic
391 transfer of the value of cash received from one person to
392 another person in a different location which is sent by a money
393 transfer provider and received in the form of cash. As used in
394 this paragraph, the term “money transfer provider” means a
395 person or financial institution that provides cash-to-cash money
396 transfers for a person in the normal course of business,
397 regardless of whether the person holds an account with such
398 person or financial institution.
399 (d) A cash reload mechanism, which is a system that makes
400 it possible to convert cash into an electronic form which a
401 person can use to add money to a general-use prepaid card or an
402 online account with a payment intermediary. As used in this
403 paragraph, the term “mechanism” means a system that is purchased
404 by a person on a prepaid basis, that enables access to the funds
405 via an authorization code or other security measure, and that is
406 not directly used as a general-use prepaid card.
407 Section 9. Section 501.611, Florida Statutes, is amended to
408 read:
409 501.611 Security.—
410 (1) An application filed pursuant to s. 501.605 must be
411 accompanied by:
412 (a) A bond executed by a corporate surety approved by the
413 department and licensed to do business in this state;
414 (b) An irrevocable letter of credit issued for the benefit
415 of the applicant by a bank whose deposits are insured by an
416 agency of the Federal Government; or
417 (c) A certificate of deposit in a financial institution
418 insured by an agency of the Federal Government, which may be
419 withdrawn only on the order of the department, except that the
420 interest may accrue to the applicant.
421 (2) The amount of the bond, letter of credit, or
422 certificate of deposit must be a minimum of $50,000, and the
423 bond, letter of credit, or certificate of deposit must be in
424 favor of the department for the use and benefit of any purchaser
425 who is injured by the fraud, misrepresentation, breach of
426 contract, financial failure, or violation of this part by the
427 applicant must be conditioned upon compliance by the applicant
428 with the provisions of this part. The department may, at its
429 discretion, establish a bond of a greater amount to ensure the
430 general welfare of the public and the interests of the
431 telemarketing industry.
432 (3) The bond shall be posted with the department on a form
433 adopted by and shall remain in force throughout the period of
434 licensure with the department rule and shall remain in force
435 throughout the period of licensure.
436 (4) The department or a any governmental agency, on behalf
437 of an any injured purchaser or a any purchaser herself or
438 himself who is injured by the bankruptcy of the applicant or her
439 or his breach of any agreement entered into in her or his
440 capacity as a licensee, may bring and maintain an action to
441 recover against the bond, letter of credit, or certificate of
442 deposit.
443 (5) A purchaser may file a claim against the bond or other
444 form of security. Such claim must be submitted to the department
445 in writing on a form affidavit approved by department rule
446 within 120 days after an alleged injury has occurred or is
447 discovered to have occurred or a judgment has been entered. The
448 proceedings shall be conducted in accordance with chapter 120.
449 For proceedings conducted under ss. 120.569 and 120.57, the
450 department must act only as a nominal party.
451 (6) The commercial telephone seller shall pay to the
452 department for distribution to the consumer any indebtedness
453 determined by final order of the department within 30 days after
454 the order is entered. If the commercial telephone seller fails
455 to make timely payment, the department shall make demand upon
456 the surety, which may include an institution issuing a letter of
457 credit or depository on a certificate of deposit. If a surety
458 fails to comply with a demand for payment issued pursuant to a
459 final order, the department may file an action in circuit court
460 pursuant to s. 120.69 to recover payment up to the amount of the
461 bond or other form of security. If the court affirms the
462 department’s demand for payment from the surety, the department
463 shall be awarded all court costs and reasonable attorney fees.
464 Section 10. Section 501.616, Florida Statutes, is amended
465 to read:
466 501.616 Unlawful acts and practices.—
467 (1) A It shall be unlawful for any commercial telephone
468 seller or salesperson may not directly or indirectly accept a
469 novelty payment as defined by s. 501.603(8) or rule as payment
470 for goods or services offered or sold through telemarketing to
471 require that payment be by credit card authorization or
472 otherwise to announce a preference for that method of payment.
473 (2) A It shall be unlawful for any commercial telephone
474 seller may not to employ, or be affiliated with an, any
475 unlicensed salesperson.
476 (3) A It shall be unlawful for any salesperson may not to
477 be employed by, or affiliated with, an unlicensed commercial
478 telephone seller.
479 (4) A It shall be unlawful for any commercial telephone
480 seller or salesperson must to be licensed unlicensed.
481 (5) A It shall be unlawful for any salesperson or
482 commercial telephone seller may not to otherwise violate the
483 provisions of this part.
484 (6) A It shall be unlawful for any commercial telephone
485 seller or salesperson may not to make a commercial telephone
486 solicitation phone call before 8 8:00 a.m. or after 9 9:00 p.m.
487 local time at the called person’s location.
488 (7) A It shall be unlawful for any commercial telephone
489 seller or salesperson making a commercial telephone solicitation
490 call may not intentionally act telephonic solicitations to take
491 any intentional action to prevent transmission of the telephone
492 solicitor’s name or telephone number to the party called when
493 the equipment or service used by the telephone solicitor is
494 capable of creating and transmitting the telephone solicitor’s
495 name or telephone number.
496 Section 11. Subsection (1) of section 501.913, Florida
497 Statutes, is amended to read:
498 501.913 Registration.—
499 (1) Each brand of antifreeze to be distributed in this
500 state shall be registered with the department before
501 distribution. The person whose name appears on the label, the
502 manufacturer, or the packager shall make application annually to
503 the department on forms provided by the department no later than
504 July 1 of each year. The registration certificate expires 1 year
505 from the date of issue. The registrant assumes, by application
506 to register the brand, full responsibility for the registration
507 and the, quality, and quantity of the product sold, offered, or
508 exposed for sale in this state. If a registered brand is not in
509 production for distribution in this state, and to ensure any
510 remaining product that is still available for sale in this the
511 state is properly registered, the registrant must submit a
512 notarized affidavit on company letterhead to the department
513 certifying that:
514 (a) The stated brand is no longer in production;
515 (b) The stated brand will not be distributed in this state;
516 and
517 (c) All existing product of the stated brand will be
518 removed by the registrant from the state within 30 days after
519 expiration of the registration or the registrant will reregister
520 the brand for two subsequent registration periods.
521
522 If production resumes, the brand must be reregistered before it
523 is distributed in this state.
524 Section 12. Paragraph (b) of subsection (1) of section
525 525.16, Florida Statutes, is amended to read:
526 525.16 Administrative fine; penalties; prosecution of cases
527 by state attorney.—
528 (1)
529 (b) If a, 3 years after the day of issuance of the last
530 stop-sale order for a violation under this chapter, no new
531 violation does not occur has occurred at the same location while
532 the business is under the same during the proprietorship within
533 3 years after the date of issuance of the last previous stop
534 sale order of the same person, all previous fines shall be
535 disregarded when administering a fine for a new the next
536 violation.
537 Section 13. Section 526.015, Florida Statutes, is created
538 to read:
539 526.015 Lubricating oil standards; labeling requirements.—
540 (1) A person may not sell or distribute, or offer for sale
541 or distribution, a lubricating oil that fails to meet a quality
542 standard, such as those established by the Society of Automotive
543 Engineers or other similar standard, or a labeling requirement
544 designed to prevent deceptive or misleading practices as adopted
545 by rule of the department.
546 (2) A product that fails to meet a standard or labeling
547 requirement adopted by rule of the department shall be placed
548 under a stop-sale order by the department, and the lot number of
549 the product shall be identified and tagged by the department to
550 prevent its sale.
551 (3) A person may not sell or distribute, or offer for sale
552 or distribution, a product that has been placed under a stop
553 sale order.
554 (4) If a product is made to conform to standards and
555 labeling requirements or is removed from the premises in a
556 manner approved by the department, the department shall issue a
557 release order.
558 Section 14. Subsection (6) of section 526.50, Florida
559 Statutes, is repealed.
560 Section 15. Subsection (1) of section 526.51, Florida
561 Statutes, is amended to read:
562 526.51 Registration; renewal and fees; departmental
563 expenses; cancellation or refusal to issue or renew.—
564 (1)(a) Application for registration of each brand of brake
565 fluid shall be made on forms supplied by the department. The
566 applicant shall provide give his or her name and address, and
567 the brand name of the brake fluid, the state in which that he or
568 she owns the brand name and has complete control over the
569 product sold thereunder in this state, and provide the name and
570 address of the resident agent in this state. If the applicant
571 does not own the brand name but wishes to register the product
572 with the department, a notarized affidavit that gives the
573 applicant full authorization to register the brand name, which
574 must be and that is signed by the owner of the brand name, must
575 accompany the application for registration. The affidavit must
576 include all affected brand names, the owner’s company or
577 corporate name and address, the applicant’s company or corporate
578 name and address, and a statement from the owner authorizing the
579 applicant to register the product with the department. The owner
580 of the brand name shall maintain complete control over each
581 product sold under that brand name in this state. All first-time
582 applications for a brand and formula combination must be
583 accompanied by a certified report from an independent testing
584 laboratory, setting forth the analysis of the brake fluid which
585 shows its quality meets to be not less than the minimum
586 specifications established by the department for brake fluids. A
587 sample of at least not less than 24 fluid ounces of brake fluid
588 shall be submitted, in a container with a label printed in the
589 same manner that it or containers, with labels representing
590 exactly how the containers of brake fluid will be labeled when
591 sold, and the sample and container shall be analyzed and
592 inspected by the department in order to verify that compliance
593 with the department’s specifications and labeling requirements
594 may be verified. Upon approval of the application, the
595 department shall register the brand name of the brake fluid and
596 issue to the applicant a permit, valid for 1 year from the date
597 of issue, authorizing the registrant to sell the brake fluid in
598 this state during the permit year specified in the permit.
599 (b) An Each applicant shall pay a fee of $100 with each
600 application. A permit may be renewed by application to the
601 department, accompanied by a renewal fee of $50, on or before
602 the expiration of the previously issued last day of the permit
603 year immediately preceding the permit year for which application
604 is made for renewal of registration. To reregister a previously
605 registered brand and formula combination, an applicant must
606 submit a completed application and all materials as required in
607 this section to the department before the expiration of the
608 previously issued first day of the permit year. A brand and
609 formula combination for which a completed application and all
610 materials required in this section are not received before the
611 expiration of the previously issued first day of the permit year
612 may not be registered with the department until a completed
613 application and all materials required in this section have been
614 received and approved. If the brand and formula combination was
615 previously registered with the department and a fee,
616 application, or materials required in this section are received
617 after the expiration of the previously issued first day of the
618 permit year, a penalty of $25 accrues, which shall be added to
619 the fee. Renewals shall be accepted only on brake fluids that do
620 not have a no change in formula, composition, or brand name. A
621 Any change in formula, composition, or brand name of a any brake
622 fluid constitutes a new product that must be registered in
623 accordance with this part.
624 (c) If a registered brand and formula combination is no
625 longer in production for distribution in this state, in order to
626 ensure that any remaining product still available for sale in
627 this state is properly registered, if a registered brand and
628 formula combination is no longer in production for distribution
629 in this state, the registrant must submit a notarized affidavit
630 on company letterhead to the department certifying that:
631 1. The stated brand and formula combination is no longer in
632 production;
633 2. The stated brand and formula combination will not be
634 distributed in this state; and
635 3. Either all existing product of the stated brand and
636 formula combination will be removed by the registrant from the
637 state within 30 days after the expiration of the registration or
638 that the registrant will reregister the brand and formula
639 combination for 2 two subsequent years registration periods.
640
641 If production resumes, the brand and formula combination must be
642 reregistered before it is again distributed in this state.
643 Section 16. Paragraph (a) of subsection (4) and paragraphs
644 (b) and (d) of subsection (7) of section 539.001, Florida
645 Statutes, are amended to read:
646 539.001 The Florida Pawnbroking Act.—
647 (4) ELIGIBILITY FOR LICENSE.—
648 (a) To be eligible for a pawnbroker’s license, an applicant
649 must:
650 1. Be of good moral character;
651 2. Have a net worth of at least $50,000 or file with the
652 agency a bond, issued by a surety company qualified to do
653 business in this state, in the amount of $10,000 for each
654 license. In lieu of the bond required in this section, the
655 applicant may establish a certificate of deposit or an
656 irrevocable letter of credit in a Florida banking institution in
657 the amount of the bond. The original bond, certificate of
658 deposit, or letter of credit shall be filed with the agency on a
659 form adopted by agency rule, and the agency shall be the
660 beneficiary to said document. The bond, certificate of deposit,
661 or letter of credit must shall be in favor of the agency for the
662 use and benefit of any consumer who is injured by the fraud,
663 misrepresentation, breach of contract, financial failure, or
664 violation of any provision of this section by the pawnbroker.
665 Such liability may be enforced either by proceeding in an
666 administrative action or by filing a judicial suit at law in a
667 court of competent jurisdiction. However, in such court suit,
668 the bond, certificate of deposit, or letter of credit posted
669 with the agency may shall not be amenable or subject to any
670 judgment or other legal process issuing out of or from such
671 court in connection with such lawsuit, but such bond,
672 certificate of deposit, or letter of credit shall be amenable to
673 and enforceable only by and through administrative proceedings
674 before the agency. It is the intent of the Legislature that such
675 bond, certificate of deposit, or letter of credit shall be
676 applicable and liable only for the payment of claims duly
677 adjudicated by order of the agency. The bond, certificate of
678 deposit, or letter of credit shall be payable on a pro rata
679 basis as determined by the agency, but the aggregate amount may
680 not exceed the amount of the bond, certificate of deposit, or
681 letter of credit. A consumer may file a claim against the bond,
682 certificate of deposit, or letter of credit. Such claim must be
683 submitted in writing to the agency on a form affidavit approved
684 by agency rule within 120 days after an alleged injury has
685 occurred or is discovered to have occurred or a judgment has
686 been entered. The proceedings shall be conducted in accordance
687 with chapter 120. For proceedings conducted under ss. 120.569
688 and 120.57, the agency may act only as a nominal party. The
689 pawnbroker shall pay to the agency for distribution to the
690 consumer any indebtedness determined by final order of the
691 agency within 30 days after the order is entered. If the
692 pawnbroker fails to make timely payment, the agency shall make
693 demand upon the surety, which includes an institution issuing a
694 letter of credit or depository on a certificate of deposit. If a
695 surety fails to comply with a demand for payment pursuant to a
696 final order, the agency may file an action pursuant to s. 120.69
697 in circuit court to recover payment, up to the amount of the
698 bond or other form of security. If the agency is successful and
699 the court affirms the agency’s demand for payment from the
700 surety, the agency shall be awarded all court costs and
701 reasonable attorney fees;
702 3. Not have been convicted of, or found guilty of, or pled
703 guilty or nolo contendere to, or not have been incarcerated
704 within the last 10 years as a result of having previously been
705 convicted of, or found guilty of, or pled guilty or nolo
706 contendere to, regardless of adjudication, a felony within the
707 last 10 years and not be acting as a beneficial owner for
708 someone who has been convicted of, or found guilty of, or pled
709 guilty or nolo contendere to, regardless of adjudication, a
710 felony within the last 10 years; and
711 4. Not have been convicted of, or found guilty of, or pled
712 guilty or nolo contendere to, or not have been incarcerated
713 within the last 10 years as a result of having previously been
714 convicted of, or found guilty of, or pled guilty or nolo
715 contendere to, regardless of adjudication, a crime that involves
716 theft, larceny, dealing in stolen property, receiving stolen
717 property, burglary, embezzlement, obtaining property by false
718 pretenses, possession of altered property, or any other
719 fraudulent or dishonest dealing within the last 10 years, and
720 not be acting as a beneficial owner for someone who has been
721 convicted, of, or found guilty of, or pled guilty or nolo
722 contendere to, or has been incarcerated within the last 10 years
723 as a result of having previously been convicted of, or found
724 guilty of, or pled guilty or nolo contendere to, regardless of
725 adjudication, a crime that involves theft, larceny, dealing in
726 stolen property, receiving stolen property, burglary,
727 embezzlement, obtaining property by false pretenses, possession
728 of altered property, or any other fraudulent or dishonest
729 dealing within the last 10 years.
730 (7) ORDERS IMPOSING PENALTIES.—
731 (b) Upon a finding as set forth in paragraph (a), the
732 agency may enter an order doing one or more of the following:
733 1. Issuing a notice of noncompliance pursuant to s.
734 120.695.
735 2. Imposing an administrative fine of up to not to exceed
736 $5,000 for each act that which constitutes a violation of this
737 section, or a rule, or an order.
738 3. Directing that the pawnbroker cease and desist specified
739 activities.
740 4. Refusing to license or revoking or suspending a license.
741 5. Placing the licensee on probation for a period of time,
742 subject to such conditions as the agency may specify.
743 (d)1. When the agency, If a violation of this section
744 occurs and the agency has reasonable cause to believe that a
745 person is operating in violation of this section, has reasonable
746 cause to believe that a person is operating in violation of this
747 section, the agency may bring a civil action in the appropriate
748 court for temporary or permanent injunctive relief and may seek
749 other appropriate civil relief, including a civil penalty of up
750 to not to exceed $5,000 for each violation, restitution and
751 damages for injured customers, court costs, and reasonable
752 attorney attorney’s fees.
753 2. The agency may terminate an any investigation or action
754 upon agreement by the offender to pay a stipulated civil
755 penalty, to make restitution or pay damages to customers, or to
756 satisfy any other relief authorized in this section herein and
757 requested by the agency.
758 Section 17. Section 559.929, Florida Statutes, is amended
759 to read:
760 559.929 Security requirements.—
761 (1) An application must be accompanied by a performance
762 bond in an amount set by the department under paragraph (a),
763 paragraph (b), or paragraph (c). The surety on such bond must
764 shall be a surety company authorized to do business in the
765 state.
766 (a) Each seller of travel which that certifies its business
767 activities under s. 559.9285(1)(a) shall provide a performance
768 bond in an amount up to not to exceed $25,000, or in the amount
769 of $50,000 if the seller of travel is offering vacation
770 certificates.
771 (b) Each seller of travel which that certifies its business
772 activities under s. 559.9285(1)(b) shall provide a performance
773 bond in an amount up to not to exceed $100,000, or in the amount
774 of $150,000 if the seller of travel is offering vacation
775 certificates.
776 (c) Each seller of travel which that certifies its business
777 activities under s. 559.9285(1)(c) shall provide a performance
778 bond in an amount up to not to exceed $250,000, or in the amount
779 of $300,000 if the seller of travel is offering vacation
780 certificates.
781 (2) The bond must shall be in favor of the department on a
782 form adopted by rule of the department for the use and benefit
783 of a any traveler who is injured by the fraud,
784 misrepresentation, breach of contract, financial failure, or
785 violation of any provision of this part by the seller of travel.
786 Such liability may be enforced either by proceeding in an
787 administrative action as specified in subsection (3) or by
788 filing a judicial suit at law in a court of competent
789 jurisdiction. However, in such court suit the bond posted with
790 the department shall not be amenable or subject to any judgment
791 or other legal process issuing out of or from such court in
792 connection with such lawsuit, but such bond shall be amenable to
793 and enforceable only by and through administrative proceedings
794 before the department. It is the intent of the Legislature that
795 such bond is shall be applicable and liable only for the payment
796 of claims duly adjudicated by order of the department. The bond
797 must shall be open to successive claims, but the aggregate
798 amount awarded may not exceed the amount of the bond. In
799 addition to the foregoing, a bond provided by a registrant or
800 applicant for registration which certifies its business
801 activities under s. 559.9285(1)(b) or (c) must shall be in favor
802 of the department, with payment in the following order of
803 priority:
804 (a) All expenses for prosecuting the registrant or
805 applicant in an any administrative or civil action under this
806 part, including attorney fees for attorneys and fees for other
807 professionals, court costs or other costs of the proceedings,
808 and all other expenses incidental to the action.
809 (b) The All costs and expenses of investigation before
810 prior to the commencement of an administrative or civil action
811 under this part.
812 (c) An Any unpaid administrative fine imposed by final
813 order or an any unpaid civil penalty imposed by final judgment
814 under this part.
815 (d) Damages or compensation for a any traveler injured as
816 provided in this subsection.
817 (3) A Any traveler may file a claim against the bond. Such
818 claim must which shall be submitted to the department made in
819 writing on a form affidavit approved by department rule to the
820 department within 120 days after an alleged injury has occurred
821 or is discovered to have occurred or a judgment has been
822 entered. The proceedings shall be conducted held in accordance
823 with chapter 120. The department may act only as a nominal party
824 in proceedings conducted under ss. 120.569 and 120.57.
825 (4) Any indebtedness determined by final order of the
826 department must be paid by the seller of travel to the
827 department within 30 days after the order is entered, for
828 distribution to the traveler. If the seller of travel fails to
829 make payment within the 30 days, the department shall make
830 demand upon the surety, which includes an institution issuing a
831 letter of credit or depository on a certificate of deposit. Upon
832 failure of a surety to comply with a demand for payment pursuant
833 to a final order, the department may file an action in circuit
834 court to recover payment, up to the amount of the bond or other
835 form of security pursuant to s. 120.69. If the department is
836 successful and the court affirms the department’s demand for
837 payment from the surety, the department shall be allowed all
838 court costs incurred and reasonable attorney fees to be fixed
839 and collected as a part of the costs of the suit.
840 (5)(4) If In any situation in which the seller of travel is
841 currently the subject of an administrative, civil, or criminal
842 action by the department, the Department of Legal Affairs, or
843 the state attorney relating to concerning compliance with this
844 part, the right to proceed against the bond as provided in
845 subsection (3) is shall be suspended until after any enforcement
846 action becomes final.
847 (6)(5) The department may waive the bond requirement on an
848 annual basis if the seller of travel has had 5 or more
849 consecutive years of experience as a seller of travel in this
850 state Florida in compliance with this part, has not had a any
851 civil, criminal, or administrative action instituted against the
852 seller of travel in the vacation and travel business by a any
853 governmental agency or an any action involving fraud, theft,
854 misappropriation of property, violation of a any statute
855 pertaining to business or commerce with a any terrorist state,
856 or moral turpitude, and has a satisfactory consumer complaint
857 history with the department, and certifies its business
858 activities under s. 559.9285. Such waiver may be revoked if the
859 seller of travel violates any provision of this part. A seller
860 of travel which that certifies its business activities under s.
861 559.9285(1)(b) or (c) is not entitled to the waiver provided in
862 this subsection.
863 Section 18. Effective January 1, 2015, paragraph (a) of
864 subsection (4) of section 943.059, Florida Statutes, is amended
865 to read:
866 943.059 Court-ordered sealing of criminal history records.
867 The courts of this state shall continue to have jurisdiction
868 over their own procedures, including the maintenance, sealing,
869 and correction of judicial records containing criminal history
870 information to the extent such procedures are not inconsistent
871 with the conditions, responsibilities, and duties established by
872 this section. Any court of competent jurisdiction may order a
873 criminal justice agency to seal the criminal history record of a
874 minor or an adult who complies with the requirements of this
875 section. The court shall not order a criminal justice agency to
876 seal a criminal history record until the person seeking to seal
877 a criminal history record has applied for and received a
878 certificate of eligibility for sealing pursuant to subsection
879 (2). A criminal history record that relates to a violation of s.
880 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
881 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
882 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
883 916.1075, a violation enumerated in s. 907.041, or any violation
884 specified as a predicate offense for registration as a sexual
885 predator pursuant to s. 775.21, without regard to whether that
886 offense alone is sufficient to require such registration, or for
887 registration as a sexual offender pursuant to s. 943.0435, may
888 not be sealed, without regard to whether adjudication was
889 withheld, if the defendant was found guilty of or pled guilty or
890 nolo contendere to the offense, or if the defendant, as a minor,
891 was found to have committed or pled guilty or nolo contendere to
892 committing the offense as a delinquent act. The court may only
893 order sealing of a criminal history record pertaining to one
894 arrest or one incident of alleged criminal activity, except as
895 provided in this section. The court may, at its sole discretion,
896 order the sealing of a criminal history record pertaining to
897 more than one arrest if the additional arrests directly relate
898 to the original arrest. If the court intends to order the
899 sealing of records pertaining to such additional arrests, such
900 intent must be specified in the order. A criminal justice agency
901 may not seal any record pertaining to such additional arrests if
902 the order to seal does not articulate the intention of the court
903 to seal records pertaining to more than one arrest. This section
904 does not prevent the court from ordering the sealing of only a
905 portion of a criminal history record pertaining to one arrest or
906 one incident of alleged criminal activity. Notwithstanding any
907 law to the contrary, a criminal justice agency may comply with
908 laws, court orders, and official requests of other jurisdictions
909 relating to sealing, correction, or confidential handling of
910 criminal history records or information derived therefrom. This
911 section does not confer any right to the sealing of any criminal
912 history record, and any request for sealing a criminal history
913 record may be denied at the sole discretion of the court.
914 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
915 history record of a minor or an adult which is ordered sealed by
916 a court of competent jurisdiction pursuant to this section is
917 confidential and exempt from the provisions of s. 119.07(1) and
918 s. 24(a), Art. I of the State Constitution and is available only
919 to the person who is the subject of the record, to the subject’s
920 attorney, to criminal justice agencies for their respective
921 criminal justice purposes, which include conducting a criminal
922 history background check for approval of firearms purchases or
923 transfers as authorized by state or federal law, to judges in
924 the state courts system for the purpose of assisting them in
925 their case-related decisionmaking responsibilities, as set forth
926 in s. 943.053(5), or to those entities set forth in
927 subparagraphs (a)1., 4., 5., 6., and 8. for their respective
928 licensing, access authorization, and employment purposes.
929 (a) The subject of a criminal history record sealed under
930 this section or under other provisions of law, including former
931 s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
932 deny or fail to acknowledge the arrests covered by the sealed
933 record, except when the subject of the record:
934 1. Is a candidate for employment with a criminal justice
935 agency;
936 2. Is a defendant in a criminal prosecution;
937 3. Concurrently or subsequently petitions for relief under
938 this section, s. 943.0583, or s. 943.0585;
939 4. Is a candidate for admission to The Florida Bar;
940 5. Is seeking to be employed or licensed by or to contract
941 with the Department of Children and Families, the Division of
942 Vocational Rehabilitation within the Department of Education,
943 the Agency for Health Care Administration, the Agency for
944 Persons with Disabilities, the Department of Health, the
945 Department of Elderly Affairs, or the Department of Juvenile
946 Justice or to be employed or used by such contractor or licensee
947 in a sensitive position having direct contact with children, the
948 disabled, or the elderly;
949 6. Is seeking to be employed or licensed by the Department
950 of Education, any district school board, any university
951 laboratory school, any charter school, any private or parochial
952 school, or any local governmental entity that licenses child
953 care facilities; or
954 7. Is attempting to purchase a firearm from a licensed
955 importer, licensed manufacturer, or licensed dealer and is
956 subject to a criminal history check under state or federal law;
957 or.
958 8. Is seeking to be licensed by the Bureau of License
959 Issuance of the Division of Licensing within the Department of
960 Agriculture and Consumer Services to carry a concealed weapon or
961 concealed firearm. This exception applies only to the
962 determination of an applicant’s eligibility in accordance with
963 s. 790.06.
964 Section 19. Section 205.1969, Florida Statutes, is amended
965 to read:
966 205.1969 Health studios; consumer protection.—A county or
967 municipality may not issue or renew a business tax receipt for
968 the operation of a health studio pursuant to ss. 501.012-501.019
969 or ballroom dance studio pursuant to s. 501.143, unless such
970 business exhibits a current license, registration, or letter of
971 exemption from the Department of Agriculture and Consumer
972 Services.
973 Section 20. Subsection (6) of section 501.015, Florida
974 Statutes, is amended to read:
975 501.015 Health studios; registration requirements and
976 fees.—Each health studio shall:
977 (6) Be considered a new health studio and is shall be
978 subject to the requirements of s. 501.016 each time the health
979 studio changes ownership or, in the case of corporate ownership,
980 each time the stock ownership is changed so as to effectively
981 put the health studio under new management or control,
982 notwithstanding s. 501.016(8) the provisions of s. 501.016(6). A
983 change of ownership does not occur within the meaning of this
984 subsection if:
985 (a) Substantially the same stockholders form a new
986 corporate entity;
987 (b) In the opinion of the department, the change does not
988 effectively place the health studio under new management and
989 control; and
990 (c) The health studio has a satisfactory complaint history
991 with the department.
992 Section 21. For the 2014-2015 fiscal year, the sum of
993 $35,745 in nonrecurring funds is appropriated to the Department
994 of Law Enforcement from the Operating Trust Fund for contracted
995 services and operating capital outlay related to sealed criminal
996 history records. To support this appropriation, funds in this
997 amount shall be transferred from the Division of Licensing Trust
998 Fund of the Department of Agriculture and Consumer Services to
999 the Operating Trust Fund of the Department of Law Enforcement.
1000 Section 22. Except as otherwise expressly provided in this
1001 act, this act shall take effect July 1, 2014.
