Florida Senate - 2010             (Introducer Changed)    SB 658
       By Senator Crist
       13-00683-10                                            2010658__
    1                        A bill to be entitled                      
    2         An act relating to locksmith services; creating part
    3         XII of ch. 559, F.S.; providing a short title;
    4         providing findings and purpose; providing definitions;
    5         providing exemptions from the application of the part;
    6         requiring the licensure of locksmith services
    7         businesses and locksmith referral services by the
    8         Department of Agriculture and Consumer Services;
    9         specifying licensure and application requirements;
   10         requiring license fees; authorizing the waiver or
   11         reduction of fees under certain circumstances;
   12         providing for expiration of licenses; requiring
   13         fingerprinting and background screening for criminal
   14         records checks of the owner and certain other persons
   15         affiliated with a locksmith services business;
   16         specifying background screening requirements;
   17         disqualifying certain persons from performing
   18         locksmith services based upon background screening;
   19         requiring the Department of Law Enforcement to retain
   20         the fingerprints and search arrest records against the
   21         fingerprints; requiring fees for background screening;
   22         requiring the Department of Law Enforcement to provide
   23         certain records to the Department of Agriculture and
   24         Consumer Services upon request; authorizing licensure
   25         by endorsement under certain circumstances; providing
   26         license renewal requirements and procedures; providing
   27         for the denial, suspension, revocation, or refusal to
   28         renew a license under certain circumstances; requiring
   29         a locksmith services business to maintain liability
   30         insurance; prohibiting the performance of locksmith
   31         services except by certain persons; authorizing
   32         locksmiths, automotive-only locksmiths, and apprentice
   33         locksmiths to perform locksmith services under certain
   34         circumstances; establishing qualifications and
   35         training requirements for locksmiths, automotive-only
   36         locksmiths, and apprentice locksmiths; requiring
   37         locksmith services businesses to keep certain records
   38         and issue photo identification cards to locksmiths,
   39         automotive-only locksmiths, and locksmith apprentices;
   40         requiring display of photo identification cards and
   41         licenses; requiring a locksmith services business to
   42         display its license, license number, and other
   43         information in all advertising; requiring a locksmith
   44         services business to accept certain methods of payment
   45         and keep certain business records; authorizing the
   46         review of records by the department; prohibiting
   47         certain acts relating to the possession of locksmith
   48         tools; specifying certain prohibited acts relating to
   49         the operation of a locksmith services business;
   50         providing civil penalties and remedies; providing
   51         administrative remedies and penalties; providing that
   52         a violation of the act is a deceptive and unfair trade
   53         practice; providing criminal penalties; requiring the
   54         department to adopt rules; providing for the deposit
   55         and use of certain funds; preempting to the state the
   56         regulation of locksmith services, locksmiths, and
   57         locksmith services businesses; prohibiting the
   58         issuance or renewal of local business tax receipts to
   59         locksmith services businesses except under certain
   60         circumstances; creating the Florida Locksmith Services
   61         Advisory Council within the department; providing
   62         membership and terms; providing operating procedures
   63         and duties; requiring the department to provide
   64         administrative and staff support; providing an
   65         effective date.
   67  Be It Enacted by the Legislature of the State of Florida:
   69         Section 1. Part XII of chapter 559, Florida Statutes,
   70  consisting of sections 559.941, 559.942, 559.943, 559.944,
   71  559.945, 559.946, 559.947, 559.948, 559.949, 559.95, 559.951,
   72  559.952, 559.953, 559.954, 559.955, 559.956, 559.957, 559.958,
   73  559.959, 559.96, 559.961, and 559.962, is created to read:
   74                              PART XII                             
   75                         LOCKSMITH SERVICES                        
   76         559.941 Short title.—This part may be cited as the “Florida
   77  Locksmith Services Act.”
   78         559.942 Findings and purpose.—The Legislature finds that:
   79         (1) Locksmiths operate in the public trust to service,
   80  secure, and protect persons and property.
   81         (2) Locksmiths must be trained in regulations and laws
   82  applicable to their profession, including, but not limited to,
   83  the federal Americans with Disabilities Act, the Florida
   84  Building Code, the Florida Fire Prevention Code, and the Life
   85  Safety Code, and must be trained in the proper installation and
   86  maintenance of security devices, motor vehicle locks, keys, and
   87  built-in security systems.
   88         (3) The purpose of this part is to provide for the
   89  licensing and regulation of locksmith services businesses in
   90  this state which are necessary to protect the public from the
   91  misuse of locksmithing knowledge, supplies, manuals, and
   92  equipment that threaten public safety and security.
   93         559.943 Definitions.—As used in this part, the term:
   94         (1) “Advertise” means to advise, announce, give notice of,
   95  publish, or call attention to by use of oral, written, or
   96  graphic statement made in a newspaper or other publication or on
   97  radio or television; made in any other electronic medium;
   98  contained in any notice, handbill, sign, including signage on
   99  any vehicle, flyer, catalog, or letter; or printed on or
  100  contained in any tag or label attached to or accompanying any
  101  good.
  102         (2) “Apprentice locksmith” means a natural person who
  103  performs locksmith services on behalf of a locksmith services
  104  business under the direct and continuous supervision of a
  105  locksmith.
  106         (3) “Automotive-only locksmith” means a locksmith who
  107  performs only those locksmith services relating to motor
  108  vehicles as described in paragraphs (11)(e)-(g) on behalf of a
  109  locksmith services business.
  110         (4) “Business location” means a physical location where a
  111  licensee operates a locksmith services business or, if the
  112  licensee is a mobile locksmith services business, the physical
  113  location where the licensee’s records are kept.
  114         (5) “Department” means the Department of Agriculture and
  115  Consumer Services.
  116         (6) “Key duplication machine” means a device capable of
  117  copying or reproducing keys.
  118         (7) “Licensee” means a locksmith services business licensed
  119  under this part.
  120         (8) “Lock” means a mechanical, electromechanical,
  121  electronic, or electromagnetic device or system, including, but
  122  not limited to, any peripheral hardware such as, a closed
  123  circuit television system, wireless or infrared transmitter,
  124  card reader, keypad, or biometric scanner, that is designed to
  125  control access to and egress from a door, gate, safe, vault,
  126  safe-deposit box, motor vehicle, or other enclosure or that is
  127  designed to control the use of such an enclosure.
  128         (9) “Locksmith” means a natural person who performs any
  129  locksmith services on behalf of a locksmith services business.
  130  The term includes an automotive-only locksmith but does not
  131  include a person whose activities are limited to making
  132  duplicate keys.
  133         (10) “Locksmith referral service” means the advertisement
  134  of locksmith services in this state by a person who does not
  135  perform the locksmith services but who subcontracts with, or
  136  refers the customer to, another locksmith services business for
  137  the performance of the locksmith services.
  138         (11) “Locksmith services” means:
  139         (a) Selling, installing, servicing, repairing, repinning,
  140  recombinating, and adjusting locks, safes, vaults, or safe
  141  deposit boxes.
  142         (b) Originating, duplicating, and copying keys.
  143         (c) Opening, bypassing, and neutralizing locks, safes,
  144  vaults, or safe-deposit boxes.
  145         (d) Creating, documenting, selling, installing, managing,
  146  and servicing master key systems.
  147         (e) Unlocking, bypassing, or neutralizing motor vehicle
  148  locks by means other than intended by the manufacturer.
  149         (f) Originating keys for motor vehicles that includes, if
  150  necessary, the programming, reprogramming, or bypassing of any
  151  security, transponder, or immobilizer systems or subsequent
  152  technology built in by the manufacturer.
  153         (g) Keying, rekeying, or recombinating motor vehicle locks.
  155  The term does not include contracting as defined in s. 489.505
  156  for which a registration or certification is required under part
  157  II of chapter 489.
  158         (12) “Locksmith services business” means a person who
  159  performs or offers to perform locksmith services for
  160  compensation, advertises or represents himself or herself as a
  161  locksmith services business, or operates a locksmith referral
  162  service in this state.
  163         (13) “Locksmith tool” means a tool that is designed, or
  164  intended by the user to be used, to open a lock by any means
  165  other than the specific method designed for the normal operation
  166  of opening the lock. The term includes the locksmith tools
  167  described in s. 559.953(2).
  168         (14) “Master key system” means a system of locks in which a
  169  lock is keyed so that it can be operated by its own individual
  170  key as well as by a key that operates other locks in the system
  171  that are also keyed to their own individual keys.
  172         (15) “Mobile locksmith services business” means a locksmith
  173  services business that operates exclusively from one or more
  174  vehicles and not from a specific physical location.
  175         (16) “Motor vehicle” has the same meaning as in s.
  176  559.903(5).
  177         559.944 Application of part; exemptions.—This part does not
  178  apply to:
  179         (1) A law enforcement officer, firefighter or voluntary
  180  firefighter, emergency medical technician or paramedic, or other
  181  government employee or agent who, in his or her official line of
  182  duty, performs locksmith services in an emergency situation in
  183  which the life of a person, livestock, or an animal generally
  184  regarded as a pet is endangered.
  185         (2) A sales representative who provides a bona fide sales
  186  demonstration of products to locksmiths.
  187         (3) An in-store employee of a hardware store, do-it
  188  yourself home products store, or other retail store who rekeys
  189  locks being purchased in the store.
  190         (4) An electrical or alarm system contractor registered or
  191  certified under chapter 489 who is acting within the scope of
  192  his or her practice.
  193         (5) A person who lawfully acquires and uses a key
  194  duplication machine or key blanks to duplicate keys.
  195         (6) A property owner or agent of a property owner who
  196  maintains a file of key cutting data for a master key system on
  197  the property.
  198         (7) An employee of a financial institution as defined in s.
  199  655.005 who provides safe, safe-deposit box, or vault services
  200  at the financial institution.
  201         (8) A motor vehicle dealer as defined in s. 320.27, a motor
  202  vehicle repair shop as defined in s. 559.903, or a lock
  203  manufacturer or agent of a lock manufacturer who services,
  204  installs, repairs, or rebuilds motor vehicle locks or originates
  205  and duplicates motor vehicle keys.
  206         (9) Building trades personnel who:
  207         (a) Install locks or locking devices on a construction
  208  project that requires a building permit; or
  209         (b) Install locks or locking devices for home repair or
  210  improvement, if the locks are designed for installation by the
  211  customer and such home repair or improvement is part of a larger
  212  repair or replacement project.
  213         (10) A wrecker operator as defined in s. 1.01(15) who
  214  possesses or uses car-opening tools as described in s.
  215  559.953(2)(b) which are necessary to unlock vehicles, if the
  216  wrecker operator does not advertise locksmith services or
  217  otherwise advertise himself or herself as a locksmith.
  218         (11) An automobile club as defined in s. 627.8405(1) when
  219  towing a motor vehicle for a club member or assisting a club
  220  member to enter a locked motor vehicle.
  221         (12) A hardware store, do-it-yourself home product store,
  222  or other retail store that sells locks and safes which are
  223  designed for use and installation by the customer without
  224  professional assistance.
  225         559.945 Locksmith services business; licensure.—
  226         (1) A person may not perform or offer to perform locksmith
  227  services for compensation, advertise or represent himself or
  228  herself as a locksmith services business, or operate a locksmith
  229  referral service in this state unless the person is licensed
  230  under this part. However, a locksmith or apprentice locksmith
  231  performing locksmith services on behalf of a licensee is not
  232  required to obtain a separate license. An application for
  233  licensure must be submitted to the department in the format
  234  prescribed by the department and must include, at a minimum, the
  235  following:
  236         (a) The full legal name and mailing address of the
  237  applicant.
  238         (b) Each name under which the applicant does business in
  239  this state and, if the applicant is doing business under a
  240  fictitious name, the date on which the applicant registered the
  241  fictitious name with the Department of State.
  242         (c) The mailing address, street address, and telephone
  243  number of the applicant’s principal business location and, if
  244  the applicant performs locksmith services or operates a
  245  locksmith referral service at more than one business location,
  246  the mailing address, street address, and telephone number of
  247  each additional business location.
  248         (d) If the applicant is not a natural person, a statement
  249  of:
  250         1. The applicant’s type of business entity, such as a
  251  corporation, partnership, or other limited liability
  252  corporation.
  253         2. The applicant’s federal employer identification number.
  254         3. Whether the applicant is a foreign or domestic business
  255  entity, the state and date of incorporation, the charter number,
  256  and the date that the applicant first registered with the
  257  Department of State to do business in the state.
  258         (e) Each corporate, fictitious, or other business or trade
  259  name under which any owner of the locksmith services business
  260  operated, was known, or did business as a locksmith services
  261  business within 5 years before the date of the application.
  262         (f) The full name, address, and telephone number of:
  263         1. Each locksmith, automotive-only locksmith, and
  264  apprentice locksmith who performs locksmith services on behalf
  265  of the applicant.
  266         2. Each officer and director of the corporation, their
  267  official positions, and corporate offices, if the applicant is a
  268  corporation.
  269         3. Each general partner, if the applicant is a partnership.
  270         4. Each managing member, if the applicant is a limited
  271  liability corporation.
  272         5. The owner of the applicant, if the applicant is a
  273  proprietorship.
  274         6. The applicant’s registered agent for service of process
  275  in this state.
  276         (g) The number of locksmiths that the applicant currently
  277  employs or intends to employ.
  278         (2) Each application must be accompanied by:
  279         (a) Payment of a nonrefundable biennial license fee,
  280  calculated as follows:
  281         1. If the applicant employs one to five locksmiths, an
  282  amount not to exceed $800.
  283         2. If the applicant employs six or more locksmiths, an
  284  amount not to exceed $1,600.
  285         3. If the applicant operates a locksmith referral service
  286  but does not employ any locksmiths, an amount not to exceed
  287  $800.
  289  If the department determines that the biennial license fees
  290  established under this subsection for an initial or renewal
  291  application impose a significant financial hardship upon the
  292  applicant, the department may waive or reduce the fees to the
  293  amount necessary to alleviate the hardship.
  294         (b) Proof of liability insurance coverage as required in s.
  295  559.95.
  296         (c) For each person listed in paragraph (1)(f), a set of
  297  fingerprints submitted in the manner prescribed by the
  298  department, an affidavit of the person’s criminal history, if
  299  any, and payment of any fees or costs required under s. 559.946
  300  for background screening.
  301         (3)(a) The department shall issue a license to each
  302  applicant in the format prescribed by the department in
  303  accordance with s. 120.60. The license must show at least the
  304  name, the street address of each business location listed in the
  305  application pursuant to paragraph (1)(c), and the license number
  306  of the locksmith services business. If the applicant is a mobile
  307  locksmith services business, the license must show the residence
  308  address of the owner, if different than the street address of
  309  the business location where the applicant’s records are kept.
  310         (b) A license issued under this part may not be transferred
  311  or assigned and is valid only for the licensee and the business
  312  locations for which it is issued.
  313         (c) A locksmith services business license is valid for 2
  314  years from the date of issuance. To provide for the biennial
  315  renewal of licenses under s. 559.948, the department may adopt
  316  rules to stagger the license expiration dates over a 2-year
  317  period.
  318         (4)(a) A licensee must notify the department in writing at
  319  least 30 days before changing a locksmith services business
  320  location. The department shall issue to the licensee an amended
  321  license that shows the new business location.
  322         (b) Within 10 days after a person listed in paragraph
  323  (1)(f) begins his or her duties with a licensee, the licensee
  324  must submit a set of the person’s fingerprints in the manner
  325  prescribed by the department, an affidavit of the person’s
  326  criminal history, if any, and payment of any fees or costs
  327  required under s. 559.946 for background screening.
  328         559.946 Locksmith services businesses; fingerprinting and
  329  background screening; disqualification.—
  330         (1)(a) Each person listed in s. 559.945(1)(f) must be
  331  fingerprinted and undergo background screening for criminal
  332  justice information as defined in s. 943.045. The department
  333  shall submit each set of fingerprints to the Department of Law
  334  Enforcement for statewide criminal records checks, and the
  335  Department of Law Enforcement shall forward the fingerprints to
  336  the Federal Bureau of Investigation for federal criminal records
  337  checks. The cost of the fingerprint processing and criminal
  338  records checks shall be borne by the locksmith services business
  339  or the person required to be fingerprinted and shall be paid to
  340  the department. The Department of Law Enforcement shall submit a
  341  monthly invoice to the department for the fingerprint processing
  342  and criminal records checks performed during the month, and the
  343  department shall pay the invoice from the fees collected. The
  344  results of the criminal records checks shall be returned to the
  345  department, and the department shall screen the results to
  346  determine whether the person is disqualified under subsection
  347  (2).
  348         (b) If a legible set of fingerprints, as determined by the
  349  Department of Law Enforcement or the Federal Bureau of
  350  Investigation, cannot be obtained after two attempts, the
  351  department shall determine whether the person is disqualified
  352  based upon criminal records checks under the person’s name
  353  conducted by the Department of Law Enforcement and the Federal
  354  Bureau of Investigation.
  355         (2)(a) A person required to undergo background screening
  356  pursuant to this section must not have been convicted or
  357  incarcerated as a result of having been convicted of a crime
  358  involving trespass, burglary, theft, larceny, dealing in stolen
  359  property, receiving stolen property, embezzlement, obtaining
  360  property by false pretenses, possession of altered property, or
  361  any other fraudulent or dishonest dealing within the previous 10
  362  years.
  363         (b) The department may grant a person disqualified under
  364  paragraph (a) an exemption from disqualification for:
  365         1. Any felony committed more than 3 years before the date
  366  of disqualification.
  367         2. Any misdemeanor.
  368         3. Any misdemeanor or noncriminal offense that was a felony
  369  when it was committed.
  370         (c) In order for the department to grant an exemption, the
  371  disqualified person must demonstrate by clear and convincing
  372  evidence that he or she should not be disqualified. A
  373  disqualified person seeking an exemption has the burden of
  374  setting forth sufficient evidence of rehabilitation, including,
  375  but not limited to, the circumstances surrounding the criminal
  376  incident for which an exemption is sought, the time period that
  377  has elapsed since the incident, the nature of the harm caused to
  378  the victim, and the history of the disqualified person since the
  379  incident, or any other evidence or circumstances indicating that
  380  the disqualified person will not present a danger to the public
  381  if an exemption is granted.
  382         (3)(a) All fingerprints submitted to the Department of Law
  383  Enforcement as required by this section shall be retained by the
  384  Department of Law Enforcement in a manner provided by rule and
  385  entered in the statewide automated fingerprint identification
  386  system authorized by s. 943.05(2)(b). The fingerprints shall
  387  thereafter be available for all purposes and uses authorized for
  388  arrest fingerprints entered in the statewide automated
  389  fingerprint identification system pursuant to s. 943.051.
  390         (b) The Department of Law Enforcement shall search all
  391  arrest fingerprints received under s. 943.051 against the
  392  fingerprints retained in the statewide automated fingerprint
  393  identification system under paragraph (a). Any arrest record
  394  that is identified with the retained fingerprints of a person
  395  subject to background screening under this section shall be
  396  reported to the department. Each locksmith services business
  397  must participate in the search process by notifying the
  398  department of any change in a person’s status as a person listed
  399  s. 559.945(1)(f) if, as a result of the change, the person’s
  400  fingerprints are no longer required to be retained under
  401  paragraph (a).
  402         (c) Each licensee shall pay to the department a fee for the
  403  cost of retaining the fingerprints and performing the ongoing
  404  searches of arrest records under paragraph (b). The Department
  405  of Law Enforcement shall submit an invoice to the department for
  406  the fingerprints retained and searches performed, and the
  407  department shall pay the invoice from the fees collected. The
  408  Department of Law Enforcement shall adopt rules establishing the
  409  amount of the fee and procedures for retaining the fingerprints,
  410  performing the searches, and disseminating the search results.
  411  The department shall notify the Department of Law Enforcement of
  412  any change in a person’s status as a person listed s.
  413  559.945(1)(f) if, as a result of the change, the person’s
  414  fingerprints are no longer required to be retained under
  415  paragraph (a).
  416         (4) Before expiration of the time limit in s. 120.60 for
  417  approving an application, if the department does not receive
  418  criminal justice information for any person listed in s.
  419  559.945(1)(f), or receives criminal justice information that
  420  includes a crime that may disqualify the person but does not
  421  include a final disposition of the crime, the time limit in s.
  422  120.60 for approving the application is extended until the
  423  department receives final disposition of the crime or proof of
  424  restoration of civil rights.
  425         (5) The Department of Law Enforcement shall provide the
  426  department, upon request, with any criminal justice information
  427  in its possession of a person who is:
  428         (a) A licensee or applicant for a license under this part;
  429  or
  430         (b) Employed by a licensee or applicant for a license under
  431  this part.
  432         559.947 Licensure by endorsement.—
  433         (1) A person may be licensed as a locksmith services
  434  business in this state upon applying to the department,
  435  remitting the nonrefundable biennial license fee calculated as
  436  required in s. 559.945(2)(a), and demonstrating to the
  437  department that the applicant:
  438         (a) Meets the qualifications for licensure in s. 559.945;
  439  or
  440         (b) Holds a valid locksmith services business license, or
  441  the equivalent thereof, issued by another state, territory, or
  442  possession of the United States, the District of Columbia, or
  443  the Commonwealth of Puerto Rico with which the department has
  444  established reciprocity.
  445         (2) The department may establish reciprocity with other
  446  states, territories, or possessions of the United States, the
  447  District of Columbia, or the Commonwealth of Puerto Rico and may
  448  adopt criteria for establishing reciprocity, subject to the
  449  following:
  450         (a) The licensing requirements of the other state,
  451  territory, or possession must substantially meet or exceed the
  452  requirements of s. 559.945.
  453         (b) The other state, territory, or possession must issue a
  454  license, or the equivalent thereof, to a locksmith services
  455  business that is licensed in this state and seeks to do business
  456  in the other state, territory, or possession.
  457         559.948 License renewal.—Each locksmith services business
  458  license must be renewed biennially on or before the license’s
  459  expiration date. To apply for renewal of a license, the licensee
  460  must submit each of the following to the department:
  461         (1) A renewal application in the format prescribed by the
  462  department that includes the information required for initial
  463  licensure in s. 559.945(1).
  464         (2) Payment of the nonrefundable biennial license fee,
  465  calculated as required in s. 559.945(2)(a).
  466         (3) Proof of liability insurance coverage as required in s.
  467  559.95.
  468         (4) For each person listed in s. 559.945(1)(f), an updated
  469  affidavit of the person’s criminal history, if any.
  470         (5) For each person listed in s. 559.945(1)(f) who has not
  471  undergone background screening, a set of fingerprints submitted
  472  in the manner prescribed by the department, an affidavit of the
  473  person’s criminal history, if any, and payment of any fees or
  474  costs required under s. 559.946.
  475         559.949 Denial, suspension, revocation, or refusal to renew
  476  license.—The department may deny, suspend, revoke, or refuse to
  477  renew the license of a locksmith services business based upon a
  478  determination that the locksmith services business or any person
  479  listed in s. 559.945(1)(f):
  480         (1) Failed to meet the requirements for licensure as
  481  provided in this part;
  482         (2) Is disqualified based upon background screening
  483  pursuant to s. 559.946(2);
  484         (3) Failed to satisfy a civil penalty, administrative fine,
  485  or other penalty arising out of an administrative or enforcement
  486  action brought by any governmental agency;
  487         (4) Received any civil, criminal, or administrative
  488  adjudication in any jurisdiction; or
  489         (5) Has had a judgment entered against the business or
  490  person in any action brought under the Florida Deceptive and
  491  Unfair Trade Practices Act in part II of chapter 501.
  492         559.95 Liability insurance.—
  493         (1) A locksmith services business must maintain current and
  494  valid liability insurance coverage of at least $100,000 per
  495  incident for loss or damages resulting from the negligence of
  496  the locksmith services business or any of its locksmiths,
  497  apprentice locksmiths, employees, or agents.
  498         (2) The insurance coverage must be issued by an insurance
  499  company or carrier licensed to transact business in this state
  500  under the Florida Insurance Code. The department shall require a
  501  locksmith services business to present a policy or certificate
  502  of insurance of the required coverage before issuance or renewal
  503  of a license. The department shall be named as a
  504  certificateholder in the policy or certificate and must be
  505  notified at least 30 days before any changes in insurance
  506  coverage.
  507         (3) If a locksmith services business does not maintain the
  508  required insurance coverage, the department may immediately
  509  suspend the business’s license or eligibility for licensure and
  510  the business shall immediately cease operating as a locksmith
  511  services business. In addition, notwithstanding the availability
  512  of administrative relief under chapter 120, the department may
  513  seek an immediate injunction in the circuit court of the county
  514  in which the business is located that prohibits the locksmith
  515  services business from operating until the business complies
  516  with this section and imposes a civil penalty not to exceed
  517  $10,000 and reasonable court costs.
  518         559.951 Locksmiths; apprentice locksmiths; photo
  519  identification cards; display of license and license number.—
  520         (1) A person may not perform locksmith services on behalf
  521  of a locksmith services business unless the person is the
  522  licensee or one of the following:
  523         (a) Locksmith.—Except as provided in paragraph (b) for an
  524  automotive-only locksmith, a locksmith must be 18 years of age
  525  or older and complete 16 hours of training, including training
  526  in industry ethics, the federal Americans with Disabilities Act,
  527  the Florida Building Code, the Florida Fire Prevention Code, and
  528  the Life Safety Code.
  529         (b) Automotive-only locksmith.—An automotive-only locksmith
  530  must be 18 years of age or older and complete a training course
  531  in industry ethics.
  532         (c) Apprentice locksmith.—An apprentice locksmith must be
  533  15 years of age or older and complete a minimum of 16 hours of
  534  training, including training in industry ethics, the federal
  535  Americans with Disabilities Act, the Florida Building Code, the
  536  Florida Fire Prevention Code, and the Life Safety Code. An
  537  apprentice locksmith may perform locksmith services only under
  538  the direct and continuous supervision of a locksmith or
  539  automotive-only locksmith. An apprentice locksmith may not
  540  perform or contract to perform locksmith services without the
  541  express approval of his or her supervising locksmith. The
  542  supervising locksmith is responsible for any violation of this
  543  part committed by the apprentice locksmith.
  544         (2)(a) Except as provided in paragraph (b) for an
  545  automotive-only locksmith, every 2 years, a locksmith must
  546  complete at least 16 hours of training, including training on
  547  the federal Americans with Disabilities Act, the Florida
  548  Building Code, the Florida Fire Prevention Code, and the Life
  549  Safety Code.
  550         (b) Every 2 years, an automotive-only locksmith must
  551  complete at least 8 hours of industry-related training. The
  552  training must include, but is not limited to, training in
  553  industry ethics.
  554         (3) Each locksmith services business must maintain a
  555  personnel record of each locksmith, automotive-only locksmith,
  556  and apprentice locksmith who performs locksmith services on
  557  behalf of the licensee. The personnel record must include:
  558         (a) Two copies of a photograph taken of the locksmith,
  559  automotive-only locksmith, or apprentice locksmith within 10
  560  days after the date that he or she begins to perform locksmith
  561  services on behalf of the licensee. One copy shall be used for
  562  the locksmith’s or apprentice’s photo identification card. The
  563  second copy shall be retained in his or her personnel record.
  564  Both copies of the photograph shall be replaced with a current
  565  photograph at least once every 2 calendar years.
  566         (b) An affidavit of the locksmith’s, automotive-only
  567  locksmith’s, or apprentice locksmith’s criminal history, if any,
  568  and the results of the background screening conducted pursuant
  569  to s. 559.946.
  570         (c) Documentation provided by the locksmith services
  571  business that demonstrates completion of the training required
  572  in subsections (1) and (2).
  573         (4) Each locksmith services business shall issue a photo
  574  identification card to each locksmith, automotive-only
  575  locksmith, and apprentice locksmith performing locksmith
  576  services on behalf of the licensee. A photo identification card
  577  must contain the name and photograph of the locksmith or
  578  apprentice, the name of the locksmith services business, and the
  579  license number. The photo identification card must also include:
  580         (a) For a locksmith, the word “Locksmith.”
  581         (b) For an automotive-only locksmith, the phrase
  582  “Automotive-Only Locksmith.”
  583         (c) For an apprentice locksmith, the word “Apprentice.”
  585  Each locksmith, automotive-only locksmith, and apprentice
  586  locksmith must display the photo identification card on his or
  587  her person at all times while performing locksmith services.
  588         (5) A locksmith services business must display a copy of
  589  its locksmith services business license at each business
  590  location in a manner easily readable by the general public. A
  591  mobile locksmith services business shall keep a copy of the
  592  license in each service vehicle for immediate presentation to
  593  any law enforcement officer, state or local official, or member
  594  of the general public upon request.
  595         (6) Each advertisement or other form of advertising, each
  596  service vehicle, and each work order, invoice, sales receipt, or
  597  other business form of a licensee must include the license
  598  number and name of the locksmith services business as they
  599  appear on the license issued by the department.
  600         559.952 Acceptable forms of payment; locksmith services
  601  business records.—
  602         (1) A locksmith services business shall accept at least two
  603  of the following methods of payment:
  604         (a) Cash, cashier’s check, money order, or traveler’s
  605  check;
  606         (b) Valid personal check, showing upon its face the name
  607  and address of the person or an authorized representative for
  608  whom the locksmith services were performed; or
  609         (c) Valid credit card, which includes, but is not limited
  610  to, Visa or MasterCard.
  611         (2) A locksmith services business shall clearly and
  612  conspicuously disclose to the person requesting locksmith
  613  services in a work order, invoice, or sales receipt the methods
  614  of payment that the locksmith services business accepts.
  615         (3)(a) A locksmith services business must retain a copy of
  616  each work order, invoice, and sales receipt for at least 2
  617  years.
  618         (b) Each work order, invoice, and sales receipt must
  619  include the name of the person performing the service.
  620         (c) A copy of each work order, invoice, and sales receipt
  621  must be readily available for inspection at any time during
  622  normal business hours by the department.
  623         559.953 Locksmith tools; exemptions; prohibited acts.—
  624         (1) This section does not apply to:
  625         (a) A licensee.
  626         (b) A locksmith or apprentice locksmith performing
  627  locksmith services on behalf of a licensee.
  628         (c) A recovery agent licensed under part IV of chapter 493.
  629         (d) A wrecker operator as defined in s. 1.01(15).
  630         (e) A lock manufacturer or the lock manufacturer’s agent
  631  who has a reasonable need to possess locksmith tools,
  632  implements, or outfits for demonstration, testing, or research
  633  purposes.
  634         (2) Except as otherwise provided in subsection (1), a
  635  person may not obtain, own, or possess locksmith tools,
  636  implements, or outfits, in any format, either in person, through
  637  an intermediary, through mail order, or by any other procurement
  638  method. As used in this subsection, the term “locksmith tools”
  639  includes, but is not limited to:
  640         (a) A bump key, which is a fabricated, specially shaped or
  641  modified key intended to be used to unlock a lock by any means
  642  other than the specific method designed for the normal operation
  643  of opening the lock.
  644         (b) A car-opening tool, which is a metal, cloth, nylon,
  645  rubber, or plastic tool or device designed to enter, bypass, or
  646  otherwise overcome the locking systems or locking mechanisms of
  647  a motor vehicle by any means other than the specific method
  648  designed for the normal operation of opening the lock.
  649         (c) A manual or codebook, which is a compilation, in any
  650  form, of key codes.
  651         (d) A code-grabbing device, which is a device that can
  652  receive, record, or receive and record the code signal sent by
  653  the transmitter of a motor vehicle’s security, alarm, or
  654  immobilizer system and play back the signal to disarm, bypass,
  655  or neutralize the system.
  656         (e) A lock pick, which is a manual, electric, or electronic
  657  tool or device used to bypass, override, or neutralize a lock by
  658  any means other than the specific method designed for the normal
  659  operation of opening the lock.
  660         (f) A manipulation key, which is a key other than a change
  661  or master key that can be variably positioned or manipulated in
  662  a keyway to bypass, override, or neutralize a lock by any means
  663  other than the specific method designed for the normal operation
  664  of opening the lock. As used in this paragraph, the term
  665  “manipulation key” includes wiggle and bump keys.
  666         (g) A safe-opening tool, which is a tool designed, or
  667  intended by the user to be used, to open a safe, safe-deposit
  668  box, or similar object by means other than that which is
  669  intended by the manufacturer of the safe, vault, safe-deposit
  670  box, or similar object for normal opening.
  671         (h) A tryout key, which is a manipulation key that may or
  672  may not be one of a set of similar keys used for a specific
  673  series, keyway, or brand of lock to open, bypass, override, or
  674  neutralize a lock by means other than intended by the
  675  manufacturer.
  676         559.954 Prohibited acts.—
  677         (1) A person may not:
  678         (a) Perform or offer to perform locksmith services without
  679  having or acting under a valid license issued by the department
  680  under this part.
  681         (b) Advertise or represent himself or herself as a
  682  locksmith services business without having a valid license
  683  issued by the department under this part.
  684         (c) Operate a locksmith referral service without having a
  685  valid license issued by the department under this part.
  686         (2) A licensee, or a locksmith, apprentice locksmith, or
  687  other person acting on behalf of a licensee, may not:
  688         (a) Fraudulently misuse any consumer’s credit card.
  689         (b) Require a consumer to waive his or her rights provided
  690  in this part as a precondition to the performance of locksmith
  691  services.
  692         (c) Fail or refuse, after notice, to provide any law
  693  enforcement officer or the department with any document or
  694  record or disclose any information required to be produced or
  695  disclosed.
  696         (d) Employ or contract with any person disqualified under
  697  s. 559.946 to perform locksmith services on behalf of the
  698  licensee.
  699         (e) Submit to the department the fingerprints of a person
  700  other than the person for whom fingerprints must be submitted
  701  pursuant to s. 559.946 or fail to submit replacement
  702  fingerprints for a locksmith or apprentice locksmith whose
  703  original fingerprint submissions are returned to the department
  704  as unclassifiable by the screening agency.
  705         (f) Use a mailing address, registration facility, drop box,
  706  or answering service in the promotion, advertisement,
  707  solicitation, or sale of locksmith services, unless the street
  708  address of the licensed business location is clearly disclosed
  709  during any telephone solicitation and is prominently and
  710  conspicuously disclosed in all advertisements and on the work
  711  orders, invoices, and sales receipts.
  712         (g) Operate as a locksmith services business at a business
  713  location other than the location that appears on the license
  714  issued by the department.
  715         (h) Make a false statement in response to a request or
  716  investigation by the department, the Department of Legal
  717  Affairs, a law enforcement officer, or a state attorney.
  718         (i) Make a material false statement in an application,
  719  document, or record required to be submitted or kept under this
  720  part.
  721         (j) Commit any other act of fraud or misrepresentation or
  722  fail to disclose a material fact.
  723         (k) Disclose or permit the disclosure of any consumer
  724  information without the consumer’s written approval, except as
  725  authorized by this part.
  726         (l) Violate this part or any rule adopted or order issued
  727  under this part.
  728         559.955 Civil penalties; remedies.—
  729         (1) A consumer injured by a violation of this part may
  730  bring an action in the appropriate court for relief. The court
  731  shall award reasonable costs and attorney’s fees to the
  732  prevailing party. The consumer may also bring an action for
  733  injunctive relief in the circuit court.
  734         (2)(a) The department may bring an action in a court of
  735  competent jurisdiction to recover any penalties or damages
  736  authorized in this part and for injunctive relief to enforce
  737  this part.
  738         (b) The department may seek a civil penalty of up to
  739  $10,000 for each violation of this part.
  740         (c) The department may seek restitution for and on behalf
  741  of any consumer injured by a violation of this part.
  742         (3) An agreement or representation that waives, limits,
  743  restricts, or avoids any duty, obligation, or requirement of a
  744  locksmith services business, as provided in this part, is void.
  745         (4) A remedy provided in this part is in addition to any
  746  other remedy otherwise available for the same conduct.
  747         559.956 Administrative remedies; penalties.—
  748         (1) The department shall process a consumer complaint
  749  against a locksmith services business in the manner described in
  750  ss. 570.07 and 570.544.
  751         (2) A locksmith services business shall allow department
  752  personnel to enter its business locations for purposes of
  753  determining whether the license is current. If department
  754  personnel are refused entry or access to the premises, the
  755  department may seek injunctive relief in circuit court to
  756  enforce this subsection.
  757         (3) If the department determines that a locksmith services
  758  business has violated, or is operating in violation of, this
  759  part or any rules adopted or orders issued under this part, the
  760  department may enter an order doing one or more of the
  761  following:
  762         (a) Issuing a notice of noncompliance under s. 120.695.
  763         (b) Imposing an administrative fine not to exceed $10,000
  764  for each act or omission.
  765         (c) Directing that the locksmith services business cease
  766  and desist specified activities.
  767         (d) Refusing to issue or renew, suspending, or revoking a
  768  license.
  769         (e) Placing the licensee on probation for a specified
  770  period, subject to conditions specified by the department.
  771         (4) Administrative proceedings that may result in an order
  772  imposing any of the penalties specified in subsection (3) are
  773  governed by chapter 120.
  774         (5) In a final order imposing an administrative fine or
  775  refusing to issue or renew, suspending, or revoking a license,
  776  the department may assess against the sanctioned party the cost
  777  of conducting the administrative proceedings, unless the
  778  department determines that the offense was inadvertent or done
  779  in a good faith belief that the act or omission did not violate
  780  a state law or rule. An assessment is limited to the reasonable
  781  hourly rate of the hearing officer and the actual cost of
  782  recording or transcribing the proceedings.
  783         (6)(a) The department shall prominently post a “Closed by
  784  Order of the Department” sign on a locksmith services business
  785  whose license is suspended or revoked. The department shall also
  786  post a sign on a locksmith services business that is judicially
  787  or administratively determined to be operating without a
  788  license.
  789         (b) A person who defaces or removes the sign without
  790  written authorization from the department, or a locksmith
  791  services business that opens for operation without a license or
  792  opens for operation as a locksmith services business while its
  793  license is suspended or revoked, commits a misdemeanor of the
  794  second degree, punishable as provided in s. 775.082 or s.
  795  775.083.
  796         (c) A criminal penalty imposed under this subsection shall
  797  be in addition to any administrative sanction imposed by the
  798  department under subsection (3).
  799         559.957 Deceptive and unfair trade practices.—A person who
  800  violates any provision of this part commits an unfair or
  801  deceptive trade practice and is subject to the penalties and
  802  remedies provided in part II of chapter 501.
  803         559.958 Criminal penalties.—
  804         (1) A person who violates s. 559.953 or s. 559.954 commits
  805  a misdemeanor of the first degree, punishable as provided in s.
  806  775.082 or s. 775.083.
  807         (2) A person who violates s. 559.953 with the intent of
  808  committing burglary, robbery, or larceny commits a felony of the
  809  third degree, punishable as provided in s. 775.082, s. 775.083,
  810  or s. 775.084.
  811         559.959 Rulemaking authority.—The department shall adopt
  812  rules pursuant to ss. 120.536(1) and 120.54 to administer this
  813  part. The rules shall include, but are not limited to, the
  814  following:
  815         (1) Requirements and procedures for the licensure of
  816  locksmith services businesses.
  817         (2) Requirements and procedures for the fingerprinting and
  818  background screening of persons listed in s. 559.945(1)(f) for
  819  criminal justice information.
  820         (3) Forms required to implement this part, including
  821  license applications, renewal applications, fingerprint
  822  submissions, affidavits of criminal history, and photo
  823  identification cards.
  824         (4) Establishment of application, license, renewal, and
  825  other reasonable and necessary fees based upon the department’s
  826  estimate of the costs of administering this part.
  827         (5) Establishment and periodic update of a background
  828  screening fee schedule to incorporate fee changes by the Federal
  829  Bureau of Investigation, the Department of Law Enforcement, and
  830  other entities involved in conducting the background screenings.
  831         (6) Methods of obtaining and renewing photographs for photo
  832  identification.
  833         (7) Use and display of licenses and license numbers.
  834         559.96 Deposit and use of revenues from fees, civil
  835  penalties, and fines.—Any fees, civil penalties, administrative
  836  fines, or other funds collected by the department pursuant to
  837  this part shall be deposited in the General Inspection Trust
  838  Fund and used to administer this part.
  839         559.961 Preemption; local business tax receipts.—
  840         (1) Effective July 1, 2011, this part preempts any local
  841  act, law, ordinance, or regulation of a county or municipality
  842  that relates to locksmith services, locksmiths, or locksmith
  843  services businesses.
  844         (2) A county or municipality may not issue or renew a local
  845  business tax receipt for a locksmith services business unless
  846  the person applying for or renewing the local business tax
  847  receipt exhibits a valid license issued by the department.
  848         559.962 Florida Locksmith Services Advisory Council.—The
  849  Florida Locksmith Services Advisory Council is created within
  850  the department to advise and assist the department in carrying
  851  out this part.
  852         (1) The council shall be composed of nine members appointed
  853  by the Commissioner of Agriculture, as follows:
  854         (a) Six industry members must be owners or employees of
  855  locksmith services businesses licensed under this part, as
  856  follows:
  857         1. Five members must be locksmiths who are owners or
  858  employees of separate, licensed locksmith services businesses
  859  who do not perform automotive-only locksmith services.
  860         2. One member must be an automotive-only locksmith who is
  861  an owner or employee of a licensed locksmith services business.
  862         (b) One member must be an electrical contractor certified
  863  under part II of chapter 489.
  864         (c) One member must have private investigative, private
  865  security, motor vehicle recovery, or law enforcement experience
  866  or expertise.
  867         (d) One member must be a consumer who is not affiliated
  868  with any locksmith services business.
  870  Each member must be a resident of the state. Each member, except
  871  the consumer member, must have at least 3 years of experience
  872  and be currently engaged in the profession. Initial industry
  873  members must be owners or employees of locksmith services
  874  businesses but, notwithstanding paragraph (a), the locksmith
  875  services businesses of the initial members are not required to
  876  be licensed.
  877         (2) Members shall be appointed for 4-year terms and must be
  878  geographically representative of the state. A member whose term
  879  expires shall continue to serve until his or her successor is
  880  appointed. A vacancy occurring before the expiration of a
  881  member’s term shall be filled by the commissioner for the
  882  remainder of the term.
  883         (3)(a) The council shall annually elect a chair and a vice
  884  chair from among its appointed members.
  885         (b) The council shall meet at the call of the chair, upon
  886  the request of a majority of its membership, or upon the request
  887  of the Commissioner of Agriculture.
  888         (c) In conducting its meetings, the council shall use
  889  accepted rules of procedure. The department shall keep a
  890  complete record of each meeting, which must show the names of
  891  the members present and actions taken. The department shall keep
  892  the records of the council.
  893         (4) Members of the council shall serve without compensation
  894  but are entitled to per diem and travel expenses as provided in
  895  s. 112.061.
  896         (5) The department shall provide administrative and staff
  897  support for the council.
  898         (6) The council may review any rules adopted by the
  899  department pursuant to this part and may advise the department
  900  on matters relating to advancements in industry standards,
  901  practices, and other issues that require technical expertise and
  902  consultation or that promote consumer protection in the
  903  locksmith services industry.
  904         Section 2. This act shall take effect July 1, 2010.

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