Florida Senate - 2010                              CS for SB 658
       By the Committee on Commerce; and Senator Crist
       577-03109-10                                           2010658c1
    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; specifying
   47         certain prohibited acts relating to the operation of a
   48         locksmith services business; providing civil penalties
   49         and remedies; providing administrative remedies and
   50         penalties; providing that a violation of the act is a
   51         deceptive and unfair trade practice; providing
   52         criminal penalties; requiring the department to adopt
   53         rules; providing for the deposit and use of certain
   54         funds; preempting to the state the regulation of
   55         locksmith services, locksmiths, and locksmith services
   56         businesses; prohibiting the issuance or renewal of
   57         local business tax receipts to locksmith services
   58         businesses except under certain circumstances;
   59         creating the Florida Locksmith Services Advisory
   60         Council within the department; providing membership
   61         and terms; providing operating procedures and duties;
   62         requiring the department to provide administrative and
   63         staff support; providing an effective date.
   65  Be It Enacted by the Legislature of the State of Florida:
   67         Section 1. Part XII of chapter 559, Florida Statutes,
   68  consisting of sections 559.941, 559.942, 559.943, 559.944,
   69  559.945, 559.946, 559.947, 559.948, 559.949, 559.95, 559.951,
   70  559.952, 559.953, 559.954, 559.955, 559.956, 559.957, 559.958,
   71  559.959, 559.96, and 559.961, is created to read:
   72                              PART XII                             
   73                         LOCKSMITH SERVICES                        
   74         559.941 Short title.—This part may be cited as the “Florida
   75  Locksmith Services Act.”
   76         559.942 Findings and purpose.—The Legislature finds that:
   77         (1) Locksmiths operate in the public trust to service,
   78  secure, and protect persons and property.
   79         (2) Locksmiths must be trained in regulations and laws
   80  applicable to their profession, including, but not limited to,
   81  the federal Americans with Disabilities Act, the Florida
   82  Building Code, the Florida Fire Prevention Code, and the Life
   83  Safety Code, and must be trained in the proper installation and
   84  maintenance of security devices, motor vehicle locks, keys, and
   85  built-in security systems.
   86         (3) The purpose of this part is to provide for the
   87  licensing and regulation of locksmith services businesses in
   88  this state which are necessary to protect the public from the
   89  misuse of locksmithing knowledge, supplies, manuals, and
   90  equipment that threaten public safety and security.
   91         559.943 Definitions.—As used in this part, the term:
   92         (1) “Advertise” means to advise, announce, give notice of,
   93  publish, or call attention to by use of oral, written, or
   94  graphic statement made in a newspaper or other publication or on
   95  radio or television; made in any other electronic medium;
   96  contained in any notice, handbill, sign, including signage on
   97  any vehicle, flyer, catalog, or letter; or printed on or
   98  contained in any tag or label attached to or accompanying any
   99  good.
  100         (2) “Apprentice locksmith” means a natural person who
  101  performs locksmith services on behalf of a locksmith services
  102  business under the direct and continuous supervision of a
  103  locksmith.
  104         (3) “Automotive-only locksmith” means a locksmith who
  105  performs only those locksmith services relating to motor
  106  vehicles as described in paragraphs (11)(e)-(g) on behalf of a
  107  locksmith services business.
  108         (4) “Business location” means a physical location where a
  109  licensee operates a locksmith services business or, if the
  110  licensee is a mobile locksmith services business, the physical
  111  location where the licensee’s records are kept.
  112         (5) “Department” means the Department of Agriculture and
  113  Consumer Services.
  114         (6) “Key duplication machine” means a device capable of
  115  copying or reproducing keys.
  116         (7) “Licensee” means a locksmith services business licensed
  117  under this part.
  118         (8) “Lock” means a mechanical, electromechanical,
  119  electronic, or electromagnetic device or system, including, but
  120  not limited to, any peripheral hardware, such as a closed
  121  circuit television system, wireless or infrared transmitter,
  122  card reader, keypad, or biometric scanner, which is designed to
  123  control access to and egress from a door, gate, safe, vault,
  124  safe-deposit box, motor vehicle, or other enclosure or which is
  125  designed to control the use of such an enclosure.
  126         (9) “Locksmith” means a natural person who performs any
  127  locksmith services on behalf of a locksmith services business.
  128  The term includes an automotive-only locksmith but does not
  129  include a person whose activities are limited to making
  130  duplicate keys.
  131         (10) “Locksmith referral service” means the advertisement
  132  of locksmith services in this state by a person who does not
  133  perform the locksmith services but who subcontracts with, or
  134  refers the customer to, another locksmith services business for
  135  the performance of the locksmith services.
  136         (11) “Locksmith services” means:
  137         (a) Selling, installing, servicing, repairing, repinning,
  138  recombinating, and adjusting locks, safes, vaults, or safe
  139  deposit boxes.
  140         (b) Originating, duplicating, and copying keys.
  141         (c) Opening, bypassing, and neutralizing locks, safes,
  142  vaults, or safe-deposit boxes.
  143         (d) Creating, documenting, selling, installing, managing,
  144  and servicing master key systems.
  145         (e) Unlocking, bypassing, or neutralizing motor vehicle
  146  locks by means other than intended by the manufacturer.
  147         (f) Originating keys for motor vehicles, which includes, if
  148  necessary, the programming, reprogramming, or bypassing of any
  149  security, transponder, or immobilizer systems or subsequent
  150  technology built in by the manufacturer.
  151         (g) Keying, rekeying, or recombinating motor vehicle locks.
  153  The term does not include contracting as defined in s. 489.505
  154  for which a registration or certification is required under part
  155  II of chapter 489.
  156         (12) “Locksmith services business” means a person who
  157  performs or offers to perform locksmith services for
  158  compensation, advertises or represents himself or herself as a
  159  locksmith services business, or operates a locksmith referral
  160  service in this state.
  161         (13) “Master key system” means a system of locks in which a
  162  lock is keyed so that it can be operated by its own individual
  163  key as well as by a key that operates other locks in the system
  164  which are also keyed to their own individual keys.
  165         (14) “Mobile locksmith services business” means a locksmith
  166  services business that operates exclusively from one or more
  167  vehicles and not from a specific physical location.
  168         (15) “Motor vehicle” has the same meaning as in s.
  169  559.903(5).
  170         559.944 Application of part; exemptions.—This part does not
  171  apply to:
  172         (1) A law enforcement officer, firefighter or voluntary
  173  firefighter, emergency medical technician or paramedic, or other
  174  government employee or agent who, in his or her official line of
  175  duty, performs locksmith services in an emergency situation in
  176  which the life of a person, livestock, or an animal generally
  177  regarded as a pet is endangered.
  178         (2) A sales representative who provides a bona fide sales
  179  demonstration of products to locksmiths.
  180         (3) An in-store employee of a hardware store, do-it
  181  yourself home products store, or other retail store who rekeys
  182  locks being purchased in the store.
  183         (4) An electrical or alarm system contractor registered or
  184  certified under chapter 489 who is acting within the scope of
  185  his or her practice.
  186         (5) A person who lawfully acquires and uses a key
  187  duplication machine or key blanks to duplicate keys.
  188         (6) A property owner or agent of a property owner who
  189  maintains a file of key cutting data for a master key system on
  190  the property.
  191         (7) An employee of a financial institution as defined in s.
  192  655.005 who provides safe, safe-deposit box, or vault services
  193  at the financial institution.
  194         (8) A motor vehicle dealer as defined in s. 320.27, a motor
  195  vehicle repair shop as defined in s. 559.903, or a lock
  196  manufacturer or agent of a lock manufacturer who services,
  197  installs, repairs, or rebuilds motor vehicle locks or originates
  198  and duplicates motor vehicle keys.
  199         (9) Building trades personnel who:
  200         (a) Install locks or locking devices on a construction
  201  project that requires a building permit; or
  202         (b) Install locks or locking devices for home repair or
  203  improvement, if the locks are designed for installation by the
  204  customer and such home repair or improvement is part of a larger
  205  repair or replacement project.
  206         (10) A wrecker operator as defined in s. 1.01(15) who
  207  possesses or uses car-opening tools as described in s.
  208  559.953(2)(b) which are necessary to unlock vehicles, if the
  209  wrecker operator does not advertise locksmith services or
  210  otherwise advertise himself or herself as a locksmith.
  211         (11) An automobile club as defined in s. 627.8405(1) when
  212  towing a motor vehicle for a club member or assisting a club
  213  member in entering a locked motor vehicle.
  214         (12) A hardware store, do-it-yourself home product store,
  215  or other retail store that sells locks and safes that are
  216  designed for use and installation by the customer without
  217  professional assistance.
  218         559.945 Locksmith services business; licensure.—
  219         (1) A person may not perform or offer to perform locksmith
  220  services for compensation, advertise or represent himself or
  221  herself as a locksmith services business, or operate a locksmith
  222  referral service in this state unless the person is licensed
  223  under this part. However, a locksmith or apprentice locksmith
  224  performing locksmith services on behalf of a licensee is not
  225  required to obtain a separate license. An application for
  226  licensure must be submitted to the department in the format
  227  prescribed by the department and must include, at a minimum, the
  228  following:
  229         (a) The full legal name and mailing address of the
  230  applicant.
  231         (b) Each name under which the applicant does business in
  232  this state and, if the applicant is doing business under a
  233  fictitious name, the date on which the applicant registered the
  234  fictitious name with the Department of State.
  235         (c) The mailing address, street address, and telephone
  236  number of the applicant’s principal business location and, if
  237  the applicant performs locksmith services or operates a
  238  locksmith referral service at more than one business location,
  239  the mailing address, street address, and telephone number of
  240  each additional business location.
  241         (d) If the applicant is not a natural person, a statement
  242  of:
  243         1. The applicant’s type of business entity, such as a
  244  corporation, partnership, or other limited liability
  245  corporation.
  246         2. The applicant’s federal employer identification number.
  247         3. Whether the applicant is a foreign or domestic business
  248  entity, the state and date of incorporation, the charter number,
  249  and the date that the applicant first registered with the
  250  Department of State to do business in the state.
  251         (e) Each corporate, fictitious, or other business or trade
  252  name under which any owner of the locksmith services business
  253  operated, was known, or did business as a locksmith services
  254  business within 5 years before the date of the application.
  255         (f) The full name, address, and telephone number of:
  256         1. Each locksmith, automotive-only locksmith, and
  257  apprentice locksmith who performs locksmith services on behalf
  258  of the applicant.
  259         2. Each officer and director of the corporation, their
  260  official positions, and corporate offices, if the applicant is a
  261  corporation.
  262         3. Each general partner, if the applicant is a partnership.
  263         4. Each managing member, if the applicant is a limited
  264  liability corporation.
  265         5. The owner of the applicant, if the applicant is a
  266  proprietorship.
  267         6. The applicant’s registered agent for service of process
  268  in this state.
  269         (g) The number of locksmiths that the applicant currently
  270  employs or intends to employ.
  271         (2) Each application must be accompanied by:
  272         (a) Payment of a nonrefundable biennial license fee,
  273  calculated as follows:
  274         1. If the applicant employs one to five locksmiths, an
  275  amount not to exceed $800.
  276         2. If the applicant employs six or more locksmiths, an
  277  amount not to exceed $1,600.
  278         3. If the applicant operates a locksmith referral service
  279  but does not employ any locksmiths, an amount not to exceed
  280  $800.
  282  If the department determines that the biennial license fees
  283  established under this subsection for an initial or renewal
  284  application impose a significant financial hardship upon the
  285  applicant, the department may waive or reduce the fees to the
  286  amount necessary to alleviate the hardship.
  287         (b) Proof of liability insurance coverage as required in s.
  288  559.95.
  289         (c) For each person listed in paragraph (1)(f), a set of
  290  fingerprints submitted in the manner prescribed by the
  291  department, an affidavit of the person’s criminal history, if
  292  any, and payment of any fees or costs required under s. 559.946
  293  for background screening.
  294         (3)(a) The department shall issue a license to each
  295  applicant in the format prescribed by the department in
  296  accordance with s. 120.60. The license must show at least the
  297  name, the street address of each business location listed in the
  298  application pursuant to paragraph (1)(c), and the license number
  299  of the locksmith services business. If the applicant is a mobile
  300  locksmith services business, the license must show the residence
  301  address of the owner, if different than the street address of
  302  the business location where the applicant’s records are kept.
  303         (b) A license issued under this part may not be transferred
  304  or assigned and is valid only for the licensee and the business
  305  locations for which it is issued.
  306         (c) A locksmith services business license is valid for 2
  307  years from the date of issuance. To provide for the biennial
  308  renewal of licenses under s. 559.948, the department may adopt
  309  rules to stagger the license expiration dates over a 2-year
  310  period.
  311         (4)(a) A licensee must notify the department in writing at
  312  least 30 days before changing a locksmith services business
  313  location. The department shall issue to the licensee an amended
  314  license that shows the new business location.
  315         (b) Within 10 days after a person listed in paragraph
  316  (1)(f) begins his or her duties with a licensee, the licensee
  317  must submit a set of the person’s fingerprints in the manner
  318  prescribed by the department, an affidavit of the person’s
  319  criminal history, if any, and payment of any fees or costs
  320  required under s. 559.946 for background screening.
  321         559.946 Locksmith services businesses; fingerprinting and
  322  background screening; disqualification.—
  323         (1)(a) Each person listed in s. 559.945(1)(f) must be
  324  fingerprinted and undergo background screening for criminal
  325  justice information as defined in s. 943.045. The department
  326  shall submit each set of fingerprints to the Department of Law
  327  Enforcement for statewide criminal records checks, and the
  328  Department of Law Enforcement shall forward the fingerprints to
  329  the Federal Bureau of Investigation for federal criminal records
  330  checks. The cost of the fingerprint processing and criminal
  331  records checks shall be borne by the locksmith services business
  332  or the person required to be fingerprinted and shall be paid to
  333  the department. The Department of Law Enforcement shall submit a
  334  monthly invoice to the department for the fingerprint processing
  335  and criminal records checks performed during the month, and the
  336  department shall pay the invoice from the fees collected. The
  337  results of the criminal records checks shall be returned to the
  338  department, and the department shall screen the results to
  339  determine whether the person is disqualified under subsection
  340  (2).
  341         (b) If a legible set of fingerprints, as determined by the
  342  Department of Law Enforcement or the Federal Bureau of
  343  Investigation, cannot be obtained after two attempts, the
  344  department shall determine whether the person is disqualified
  345  based upon criminal records checks under the person’s name
  346  conducted by the Department of Law Enforcement and the Federal
  347  Bureau of Investigation.
  348         (2)(a) A person required to undergo background screening
  349  pursuant to this section must not have been convicted of a crime
  350  involving trespass, burglary, theft, larceny, dealing in stolen
  351  property, receiving stolen property, embezzlement, obtaining
  352  property by false pretenses, possession of altered property, or
  353  any other fraudulent or dishonest dealing within the previous 10
  354  years.
  355         (b) The department may grant a person disqualified under
  356  paragraph (a) an exemption from disqualification for conviction
  357  of:
  358         1. Any felony committed more than 3 years before the date
  359  of disqualification.
  360         2. Any misdemeanor.
  361         (c) In order for the department to grant an exemption, the
  362  disqualified person must demonstrate by clear and convincing
  363  evidence of rehabilitation, including, but not limited to, the
  364  circumstances surrounding the criminal incident for which an
  365  exemption is sought, the time period that has elapsed since the
  366  incident, the nature of the harm caused to the victim, and the
  367  history of the disqualified person since the incident, or any
  368  other evidence or circumstances indicating that the disqualified
  369  person will not present a danger to the public if an exemption
  370  is granted.
  371         (3)(a) All fingerprints shall be submitted electronically
  372  to the Department of Law Enforcement, as required by this
  373  section, and shall be retained by the Department of Law
  374  Enforcement in a manner provided by rule and entered in the
  375  statewide automated fingerprint identification system authorized
  376  by s. 943.05(2)(b). The fingerprints shall thereafter be
  377  available for all purposes and uses authorized for arrest
  378  fingerprints entered in the statewide automated fingerprint
  379  identification system pursuant to s. 943.051.
  380         (b) The Department of Law Enforcement shall search all
  381  arrest fingerprints received under s. 943.051 against the
  382  fingerprints retained in the statewide automated fingerprint
  383  identification system under paragraph (a). Any arrest record
  384  that is identified with the retained fingerprints of a person
  385  subject to background screening under this section shall be
  386  reported to the department. Each locksmith services business
  387  must participate in the search process by notifying the
  388  department of any change in a person’s status as a person listed
  389  s. 559.945(1)(f) if, as a result of the change, the person’s
  390  fingerprints are no longer required to be retained under
  391  paragraph (a).
  392         (c) Each licensee shall pay to the department a fee for the
  393  cost of retaining the fingerprints and performing the ongoing
  394  searches of arrest records under paragraph (b). The Department
  395  of Law Enforcement shall submit an invoice to the department for
  396  the fingerprints retained and searches performed, and the
  397  department shall pay the invoice from the fees collected. The
  398  Department of Law Enforcement shall adopt rules establishing the
  399  amount of the fee and procedures for retaining the fingerprints,
  400  performing the searches, and disseminating the search results.
  401  The department shall notify the Department of Law Enforcement of
  402  any change in a person’s status as a person listed in s.
  403  559.945(1)(f) if, as a result of the change, the person’s
  404  fingerprints are no longer required to be retained under
  405  paragraph (a).
  406         (4) Before expiration of the time limit in s. 120.60 for
  407  approving an application, if the department does not receive
  408  criminal justice information for any person listed in s.
  409  559.945(1)(f), or receives criminal justice information that
  410  includes a crime that may disqualify the person but does not
  411  include a final disposition of the crime, the time limit in s.
  412  120.60 for approving the application is extended until the
  413  department receives final disposition of the crime or proof of
  414  restoration of civil rights. However, an applicant may only
  415  operate as an apprentice locksmith until the applicant’s case
  416  disposition or proof of restoration of the applicant’s civil
  417  rights are received by the department.
  418         (5) The Department of Law Enforcement shall provide the
  419  department, upon request, with any criminal justice information
  420  in its possession of a person who is:
  421         (a) A licensee or applicant for a license under this part;
  422  or
  423         (b) Employed by a licensee or applicant for a license under
  424  this part.
  425         559.947 Licensure by endorsement.—
  426         (1) A person may be licensed as a locksmith services
  427  business in this state upon applying to the department,
  428  remitting the nonrefundable biennial license fee calculated as
  429  required in s. 559.945(2)(a), and demonstrating to the
  430  department that the applicant:
  431         (a) Meets the qualifications for licensure in s. 559.945;
  432  or
  433         (b) Holds a valid locksmith services business license, or
  434  the equivalent thereof, issued by another state, territory, or
  435  possession of the United States, the District of Columbia, or
  436  the Commonwealth of Puerto Rico with which the department has
  437  established reciprocity.
  438         (2) The department may establish reciprocity with other
  439  states, territories, or possessions of the United States, the
  440  District of Columbia, or the Commonwealth of Puerto Rico and may
  441  adopt criteria for establishing reciprocity, subject to the
  442  following:
  443         (a) The licensing requirements of the other state,
  444  territory, or possession must substantially meet or exceed the
  445  requirements of s. 559.945.
  446         (b) The other state, territory, or possession must issue a
  447  license, or the equivalent thereof, to a locksmith services
  448  business that is licensed in this state and seeks to do business
  449  in the other state, territory, or possession.
  450         559.948 License renewal.—Each locksmith services business
  451  license must be renewed biennially on or before the license’s
  452  expiration date. To apply for renewal of a license, the licensee
  453  must submit each of the following to the department:
  454         (1) A renewal application in the format prescribed by the
  455  department which includes the information required for initial
  456  licensure in s. 559.945(1).
  457         (2) Payment of the nonrefundable biennial license fee,
  458  calculated as required in s. 559.945(2)(a).
  459         (3) Proof of liability insurance coverage as required in s.
  460  559.95.
  461         (4) For each person listed in s. 559.945(1)(f), an updated
  462  affidavit of the person’s criminal history, if any.
  463         (5) For each person listed in s. 559.945(1)(f) who has not
  464  undergone background screening, a set of fingerprints submitted
  465  in the manner prescribed by the department, an affidavit of the
  466  person’s criminal history, if any, and payment of any fees or
  467  costs required under s. 559.946.
  468         559.949 Denial, suspension, revocation, or refusal to renew
  469  license.—The department may deny, suspend, revoke, or refuse to
  470  renew the license of a locksmith services business based upon a
  471  determination that the locksmith services business or any person
  472  listed in s. 559.945(1)(f):
  473         (1) Failed to meet the requirements for licensure as
  474  provided in this part;
  475         (2) Is disqualified based upon background screening
  476  pursuant to s. 559.946(2);
  477         (3) Received any civil, criminal, or administrative
  478  adjudication in any jurisdiction; or
  479         (4) Has had a judgment entered against the business or
  480  person in any action brought under the Florida Deceptive and
  481  Unfair Trade Practices Act in part II of chapter 501.
  482         559.95 Liability insurance.—
  483         (1) A locksmith services business must maintain current and
  484  valid liability insurance coverage of at least $100,000 per
  485  incident for loss or damages resulting from the negligence of
  486  the locksmith services business or any of its locksmiths,
  487  apprentice locksmiths, employees, or agents.
  488         (2) The insurance coverage must be issued by an insurance
  489  company or carrier licensed to transact business in this state
  490  under the Florida Insurance Code. The department shall require a
  491  locksmith services business to present a policy or certificate
  492  of insurance of the required coverage before issuance or renewal
  493  of a license. The department shall be named as a
  494  certificateholder in the policy or certificate and must be
  495  notified at least 30 days before any changes in insurance
  496  coverage.
  497         (3) If a locksmith services business does not maintain the
  498  required insurance coverage, the department may immediately
  499  suspend the business’s license or eligibility for licensure and
  500  the business shall immediately cease operating as a locksmith
  501  services business. In addition, notwithstanding the availability
  502  of administrative relief under chapter 120, the department may
  503  seek an immediate injunction in the circuit court of the county
  504  in which the business is located which prohibits the locksmith
  505  services business from operating until the business complies
  506  with this section and imposes a civil penalty not to exceed
  507  $10,000 and reasonable court costs.
  508         559.951 Locksmiths; apprentice locksmiths; photo
  509  identification cards; display of license and license number.—
  510         (1) A person may not perform locksmith services on behalf
  511  of a locksmith services business unless the person is the
  512  licensee or one of the following:
  513         (a) Locksmith.—Except as provided in paragraph (b) for an
  514  automotive-only locksmith, a locksmith must be 18 years of age
  515  or older and complete 16 hours of training, including training
  516  in industry ethics, the federal Americans with Disabilities Act,
  517  the Florida Building Code, the Florida Fire Prevention Code, and
  518  the Life Safety Code, as they apply to locksmith services.
  519         (b) Automotive-only locksmith.—An automotive-only locksmith
  520  must be 18 years of age or older and complete a training course
  521  in industry ethics.
  522         (c) Apprentice locksmith.—An apprentice locksmith must be
  523  15 years of age or older and complete a minimum of 16 hours of
  524  training, including training in industry ethics, the federal
  525  Americans with Disabilities Act, the Florida Building Code, the
  526  Florida Fire Prevention Code, and the Life Safety Code, as they
  527  apply to locksmith services. An apprentice locksmith may perform
  528  locksmith services only under the direct and continuous
  529  supervision of a locksmith or automotive-only locksmith. An
  530  apprentice locksmith may not perform or contract to perform
  531  locksmith services without the express approval of his or her
  532  supervising locksmith. The supervising locksmith is responsible
  533  for any violation of this part committed by the apprentice
  534  locksmith.
  535         (2)(a) Except as provided in paragraph (b) for an
  536  automotive-only locksmith, a locksmith must complete at least 16
  537  hours of training every 2 years, including training on the
  538  federal Americans with Disabilities Act, the Florida Building
  539  Code, the Florida Fire Prevention Code, and the Life Safety
  540  Code, as they apply to locksmith services.
  541         (b) Every 2 years, an automotive-only locksmith must
  542  complete at least 8 hours of industry-related training. The
  543  training must include, but is not limited to, training in
  544  industry ethics.
  545         (3) Each locksmith services business must maintain a
  546  personnel record of each locksmith, automotive-only locksmith,
  547  and apprentice locksmith who performs locksmith services on
  548  behalf of the licensee. The personnel record must include:
  549         (a) Two copies of a photograph taken of the locksmith,
  550  automotive-only locksmith, or apprentice locksmith within 10
  551  days after the date that he or she begins to perform locksmith
  552  services on behalf of the licensee. One copy shall be used for
  553  the locksmith’s or apprentice’s photo identification card. The
  554  second copy shall be retained in his or her personnel record.
  555  Both copies of the photograph shall be replaced with a current
  556  photograph at least once every 2 calendar years.
  557         (b) An affidavit of the locksmith’s, automotive-only
  558  locksmith’s, or apprentice locksmith’s criminal history, if any.
  559         (c) Documentation provided by the locksmith services
  560  business which demonstrates completion of the training required
  561  in subsections (1) and (2).
  562         (4) Each locksmith services business shall issue a photo
  563  identification card to each locksmith, automotive-only
  564  locksmith, and apprentice locksmith performing locksmith
  565  services on behalf of the licensee. A photo identification card
  566  must contain the name and photograph of the locksmith or
  567  apprentice, the name of the locksmith services business, and the
  568  license number. The photo identification card must also include:
  569         (a) For a locksmith, the word “Locksmith.”
  570         (b) For an automotive-only locksmith, the phrase
  571  “Automotive-Only Locksmith.”
  572         (c) For an apprentice locksmith, the word “Apprentice.”
  574  Each locksmith, automotive-only locksmith, and apprentice
  575  locksmith must display the photo identification card on his or
  576  her person at all times while performing locksmith services.
  577         (5) A locksmith services business must display a copy of
  578  its locksmith services business license at each business
  579  location in a manner easily readable by the general public. A
  580  mobile locksmith services business shall keep a copy of the
  581  license in each service vehicle for immediate presentation upon
  582  request by a law enforcement officer, state or local official,
  583  or member of the general public.
  584         (6) Each advertisement or other form of advertising, each
  585  service vehicle, and each work order, invoice, sales receipt, or
  586  other business form of a licensee must include the license
  587  number and name of the locksmith services business as they
  588  appear on the license issued by the department.
  589         559.952 Acceptable forms of payment; locksmith services
  590  business records.—
  591         (1) A locksmith services business shall accept at least two
  592  of the following methods of payment:
  593         (a) Cash, cashier’s check, money order, or traveler’s
  594  check;
  595         (b) Valid personal check, showing upon its face the name
  596  and address of the person or an authorized representative for
  597  whom the locksmith services were performed; or
  598         (c) Valid credit card, which includes, but is not limited
  599  to, Visa or MasterCard.
  600         (2) A locksmith services business shall clearly and
  601  conspicuously disclose to the person requesting locksmith
  602  services in a work order, invoice, or sales receipt the methods
  603  of payment that the locksmith services business accepts.
  604         (3)(a) A locksmith services business must retain a copy of
  605  each work order, invoice, and sales receipt for at least 2
  606  years.
  607         (b) Each work order, invoice, and sales receipt must
  608  include the name of the person performing the service.
  609         (c) A copy of each work order, invoice, and sales receipt
  610  must be readily available for inspection at any time during
  611  normal business hours by the department.
  612         559.953 Prohibited acts.—
  613         (1) A person may not:
  614         (a) Perform or offer to perform locksmith services without
  615  having or acting under a valid license issued by the department
  616  under this part.
  617         (b) Advertise or represent himself or herself as a
  618  locksmith services business without having a valid license
  619  issued by the department under this part.
  620         (c) Operate a locksmith referral service without having a
  621  valid license issued by the department under this part.
  622         (2) A licensee, or a locksmith, apprentice locksmith, or
  623  other person acting on behalf of a licensee, may not:
  624         (a) Require a consumer to waive his or her rights provided
  625  in this part as a precondition to the performance of locksmith
  626  services.
  627         (b) Fail or refuse, after notice, to provide any law
  628  enforcement officer or the department with any document or
  629  record or disclose any information required to be produced or
  630  disclosed.
  631         (c) Employ or contract with any person disqualified under
  632  s. 559.946 to perform locksmith services on behalf of the
  633  licensee.
  634         (d) Submit to the department the fingerprints of a person
  635  other than the person for whom fingerprints must be submitted
  636  pursuant to s. 559.946 or fail to submit replacement
  637  fingerprints for a locksmith or apprentice locksmith whose
  638  original fingerprint submissions are returned to the department
  639  as unclassifiable by the screening agency.
  640         (e) Use a mailing address, registration facility, drop box,
  641  or answering service in the promotion, advertisement,
  642  solicitation, or sale of locksmith services, unless the street
  643  address of the licensed business location is clearly disclosed
  644  during any telephone solicitation and is prominently and
  645  conspicuously disclosed in all advertisements and on the work
  646  orders, invoices, and sales receipts.
  647         (f) Operate as a locksmith services business at a business
  648  location other than the location that appears on the license
  649  issued by the department.
  650         (g) Make a false statement in response to a request or
  651  investigation by the department, the Department of Legal
  652  Affairs, a law enforcement officer, or a state attorney.
  653         (h) Make a material false statement in an application,
  654  document, or record required to be submitted or kept under this
  655  part.
  656         (i) Commit any other act of fraud or misrepresentation or
  657  fail to disclose a material fact.
  658         (j) Disclose or permit the disclosure of any consumer
  659  information without the consumer’s written approval, except as
  660  authorized by this part.
  661         (k) Violate this part or any rule adopted or order issued
  662  under this part.
  663         559.954 Civil penalties; remedies.—
  664         (1) A consumer injured by a violation of this part may
  665  bring an action in the appropriate court for relief. The court
  666  may award reasonable costs and attorney’s fees to the prevailing
  667  party. The consumer may also bring an action for injunctive
  668  relief in the circuit court.
  669         (2)(a) The department may bring an action in a court of
  670  competent jurisdiction to recover any penalties or damages
  671  authorized in this part and for injunctive relief to enforce
  672  this part.
  673         (b) The department may seek a civil penalty of up to
  674  $10,000 for each violation of this part.
  675         (c) The department may seek restitution for and on behalf
  676  of any consumer injured by a violation of this part.
  677         (3) An agreement or representation that waives, limits,
  678  restricts, or avoids any duty, obligation, or requirement of a
  679  locksmith services business, as provided in this part, is void.
  680         (4) A remedy provided in this part is in addition to any
  681  other remedy otherwise available for the same conduct.
  682         559.955 Administrative remedies; penalties.—
  683         (1) The department shall process a consumer complaint
  684  against a locksmith services business in the manner described in
  685  ss. 570.07 and 570.544.
  686         (2) A locksmith services business shall allow department
  687  personnel to enter its business locations for purposes of
  688  determining whether the license is current. If department
  689  personnel are refused entry or access to the premises, the
  690  department may seek injunctive relief in circuit court to
  691  enforce this subsection.
  692         (3) If the department determines that a locksmith services
  693  business has violated, or is operating in violation of, this
  694  part or any rules adopted or orders issued under this part, the
  695  department may enter an order doing one or more of the
  696  following:
  697         (a) Issuing a notice of noncompliance under s. 120.695.
  698         (b) Imposing an administrative fine not to exceed $10,000
  699  for each act or omission.
  700         (c) Directing that the locksmith services business cease
  701  and desist specified activities.
  702         (d) Refusing to issue or renew, suspending, or revoking a
  703  license.
  704         (e) Placing the licensee on probation for a specified
  705  period, subject to conditions specified by the department.
  706         (4) Administrative proceedings that may result in an order
  707  imposing any of the penalties specified in subsection (3) are
  708  governed by chapter 120.
  709         (5) In a final order imposing an administrative fine or
  710  refusing to issue or renew, suspending, or revoking a license,
  711  the department may assess against the sanctioned party the cost
  712  of conducting the administrative proceedings, unless the
  713  department determines that the offense was inadvertent or done
  714  in a good faith belief that the act or omission did not violate
  715  a state law or rule. An assessment is limited to the reasonable
  716  hourly rate of the hearing officer and the actual cost of
  717  recording or transcribing the proceedings.
  718         (6)(a) The department shall prominently post a “Closed by
  719  Order of the Department” sign on a locksmith services business
  720  whose license is suspended or revoked. The department shall also
  721  post a sign on a locksmith services business that is judicially
  722  or administratively determined to be operating without a
  723  license.
  724         (b) A person who defaces or removes the sign without
  725  written authorization from the department, or a locksmith
  726  services business that opens for operation without a license or
  727  opens for operation as a locksmith services business while its
  728  license is suspended or revoked, commits a misdemeanor of the
  729  second degree, punishable as provided in s. 775.082 or s.
  730  775.083.
  731         (c) A criminal penalty imposed under this subsection shall
  732  be in addition to any administrative sanction imposed by the
  733  department under subsection (3).
  734         559.956 Deceptive and unfair trade practices.—A person who
  735  violates any provision of this part commits an unfair or
  736  deceptive trade practice and is subject to the penalties and
  737  remedies provided in part II of chapter 501.
  738         559.957 Criminal penalties.—A person who violates s.
  739  559.954 commits a misdemeanor of the first degree, punishable as
  740  provided in s. 775.082 or s. 775.083.
  741         559.958 Rulemaking authority.—The department shall adopt
  742  rules pursuant to ss. 120.536(1) and 120.54 to administer this
  743  part. The rules shall include, but are not limited to, the
  744  following:
  745         (1) Requirements and procedures for the licensure of
  746  locksmith services businesses.
  747         (2) Requirements and procedures for the fingerprinting and
  748  background screening of persons listed in s. 559.945(1)(f) for
  749  criminal justice information.
  750         (3) Forms required to implement this part, including
  751  license applications, renewal applications, fingerprint
  752  submissions, affidavits of criminal history, and photo
  753  identification cards.
  754         (4) Establishment of application, license, renewal, and
  755  other reasonable and necessary fees based upon the department’s
  756  estimate of the costs of administering this part.
  757         (5) Establishment and periodic update of a background
  758  screening fee schedule to incorporate fee changes by the Federal
  759  Bureau of Investigation, the Department of Law Enforcement, and
  760  other entities involved in conducting the background screenings.
  761         (6) Methods of obtaining and renewing photographs for photo
  762  identification.
  763         (7) Use and display of licenses and license numbers.
  764         559.959 Deposit and use of revenues from fees, civil
  765  penalties, and fines.—Any fees, civil penalties, administrative
  766  fines, or other funds collected by the department pursuant to
  767  this part shall be deposited in the General Inspection Trust
  768  Fund and used to administer this part.
  769         559.96 Preemption; local business tax receipts.—
  770         (1) Effective July 1, 2011, this part preempts any local
  771  act, law, ordinance, or regulation of a county or municipality
  772  which relates to locksmith services, locksmiths, or locksmith
  773  services businesses that do not meet or exceed the requirements
  774  in this part.
  775         (2) A county or municipality may not issue or renew a local
  776  business tax receipt for a locksmith services business unless
  777  the person applying for or renewing the local business tax
  778  receipt exhibits a valid license issued by the department.
  779         559.961 Florida Locksmith Services Advisory Council.—The
  780  Florida Locksmith Services Advisory Council is created within
  781  the department to advise and assist the department in carrying
  782  out this part.
  783         (1) The council shall be composed of nine members appointed
  784  by the Commissioner of Agriculture, as follows:
  785         (a) Six industry members must be owners or employees of
  786  locksmith services businesses licensed under this part, as
  787  follows:
  788         1. Five members must be locksmiths who are owners or
  789  employees of separate, licensed locksmith services businesses
  790  who do not perform automotive-only locksmith services.
  791         2. One member must be an automotive-only locksmith who is
  792  an owner or employee of a licensed locksmith services business.
  793         (b) One member must be an electrical contractor certified
  794  under part II of chapter 489.
  795         (c) One member must have private investigative, private
  796  security, motor vehicle recovery, or law enforcement experience
  797  or expertise.
  798         (d) One member must be a consumer who is not affiliated
  799  with any locksmith services business.
  801  Each member must be a resident of the state. Each member, except
  802  the consumer member, must have at least 3 years of experience
  803  and be currently engaged in the profession. Initial industry
  804  members must be owners or employees of locksmith services
  805  businesses but, notwithstanding paragraph (a), the locksmith
  806  services businesses of the initial members are not required to
  807  be licensed.
  808         (2) Members shall be appointed for 4-year terms and must be
  809  geographically representative of the state. A member whose term
  810  expires shall continue to serve until his or her successor is
  811  appointed. A vacancy occurring before the expiration of a
  812  member’s term shall be filled by the commissioner for the
  813  remainder of the term.
  814         (3)(a) The council shall annually elect a chair and a vice
  815  chair from among its appointed members.
  816         (b) The council shall meet at the call of the chair, upon
  817  the request of a majority of its membership, or upon the request
  818  of the Commissioner of Agriculture.
  819         (c) In conducting its meetings, the council shall use
  820  accepted rules of procedure. The department shall keep a
  821  complete record of each meeting, which must show the names of
  822  the members present and actions taken. The department shall keep
  823  the records of the council.
  824         (4) Members of the council shall serve without compensation
  825  but are entitled to per diem and travel expenses as provided in
  826  s. 112.061.
  827         (5) The department shall provide administrative and staff
  828  support for the council.
  829         (6) The council may review any rules adopted by the
  830  department pursuant to this part and may advise the department
  831  on matters relating to advancements in industry standards,
  832  practices, and other issues that require technical expertise and
  833  consultation or that promote consumer protection in the
  834  locksmith services industry.
  835         Section 2. This act shall take effect July 1, 2010.

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