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Senate Bill 1314

Senate Bill sb1314c2

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    Florida Senate - 2004                    CS for CS for SB 1314

    By the Committees on Agriculture; Commerce, Economic
    Opportunities, and Consumer Services; and Senator Garcia




    303-2565-04

  1                      A bill to be entitled

  2         An act relating to consumer services; creating

  3         a consumer education pilot program within the

  4         Department of Agriculture and Consumer Services

  5         to educate secondary and postsecondary students

  6         about issues concerning consumer protection;

  7         providing for the administration, purpose, and

  8         methods of implementing the pilot program;

  9         requiring a report to the Legislature and

10         recommendations with respect to continuing the

11         pilot program; requiring the Department of

12         Agriculture and Consumer Services to prepare a

13         report and submit recommendations to the

14         Governor and Legislature concerning the state's

15         "no sales solicitation calls" listing;

16         prescribing items to be included as part of the

17         report; amending s. 501.059, F.S.; redefining

18         the term "telephonic sales call" to provide

19         that the term applies to sales of goods or

20         services; redefining the term "consumer goods

21         or services" to remove the term "consumer" and

22         include property used for business purposes;

23         redefining the term "unsolicited telephonic

24         sales call" to replace the word person with

25         consumer; redefining the term "consumer" to

26         reflect the statutory definition of person;

27         redefining the term "merchant" to include the

28         offering of goods and services; requiring a

29         telephone solicitor to identify himself or

30         herself when calling a business; adding a

31         business to those who may subscribe to the "no

                                  1

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 1         sales solicitation calls" listing of the

 2         Department of Agriculture and Consumer

 3         Services; adding "business" to those who may

 4         not be called if listed in the department's

 5         published quarterly listing; adding "business"

 6         to those whose numbers must be screened out if

 7         the number is on the department's "no sales

 8         solicitation calls" listing and a telephone

 9         solicitor or person intends to sell consumer

10         information containing that number; amending s.

11         501.143, F.S.; authorizing increased

12         administrative fines and civil penalties for

13         certain violations under the Dance Studio Act

14         against a senior citizen or handicapped person;

15         amending s. 525.09, F.S.; revising reporting

16         requirements related to remittance of petroleum

17         fuel inspection taxes; amending s. 539.001,

18         F.S.; authorizing increased administrative

19         fines and civil penalties for violations under

20         the Florida Pawnbroking Act against a senior

21         citizen or handicapped person; amending s.

22         559.801, F.S.; redefining the term "business

23         opportunity" for the purposes of regulating the

24         sale or lease of business opportunities;

25         amending s. 559.920, F.S.; redefining actions

26         by motor vehicle repair shops or employees

27         which are unlawful; amending s. 559.921, F.S.;

28         authorizing increased administrative fines and

29         civil penalties for certain violations by a

30         motor vehicle repair shop against a senior

31         citizen or handicapped person; amending s.

                                  2

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 1         559.928, F.S.; revising information to be

 2         submitted for registration as a seller of

 3         travel and information submitted by independent

 4         agents; amending s. 559.934, F.S.; specifying

 5         that violations of the Florida Sellers of

 6         Travel Act are violations of the Florida

 7         Deceptive and Unfair Trade Practices Act;

 8         amending s. 570.544, F.S.; requiring the

 9         Division of Consumer Services of the Department

10         of Agriculture and Consumer Services to report

11         and offer recommendations to the Commissioner

12         of Agriculture for submission to the

13         Legislature relating to consumer complaints

14         against businesses not regulated by certain

15         state agencies; amending s. 616.242, F.S.;

16         revising conditions under which an amusement

17         ride must be inspected by the Department of

18         Agriculture and Consumer Services; revising

19         schedules for such inspections; amending s.

20         817.568, F.S.; including a deceased individual

21         within the definition of the term "individual"

22         for purposes of provisions prohibiting the

23         unlawful use of personal identification

24         information; prescribing criminal offenses and

25         providing penalties for using personal

26         information of a deceased individual without

27         permission; including the estate of an

28         individual within the definition of the term

29         "victim" for purposes of court-ordered

30         restitution; conforming changes relating to the

31         location where consent to use personal

                                  3

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 1         information is given; conforming changes

 2         relating to venue for prosecutions and trials

 3         governing criminal use of personal

 4         identification information; amending s.

 5         849.094, F.S.; redefining the term "operator"

 6         for purposes of the regulation of game

 7         promotions; increasing certain filing fees for

 8         operators of game promotions; revising notice

 9         requirements and filing deadlines for game

10         promotions; revising a requirement that game

11         rules and regulations be published in

12         advertising copy to require publication of the

13         material terms of such rules and regulations;

14         reenacting s. 921.0022(3)(d), (e), (h), and

15         (i), F.S., relating to the offense severity

16         ranking chart of the Criminal Punishment Code,

17         to incorporate the amendment to s. 817.568,

18         F.S., in references thereto; prohibiting the

19         marketing and distribution of health-related

20         discount cards under certain conditions;

21         requiring a person who markets or distributes

22         such cards to register with the Department of

23         Financial Services; providing an annual

24         registration fee; requiring designation of an

25         agent for service of process; providing for

26         service of process with the Secretary of State;

27         providing criminal penalties and other

28         remedies; authorizing the Department of

29         Financial Services to adopt rules; providing

30         appropriations; authorizing

31         full-time-equivalent positions within the

                                  4

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 1         Department of Agriculture and Consumer

 2         Services; providing effective dates.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Consumer education pilot program.--

 7         (1)  The Department of Agriculture and Consumer

 8  Services shall develop and implement during the 2004-2005

 9  fiscal year a pilot program to educate secondary and

10  postsecondary students about consumer protection issues.

11         (a)  The purpose of the pilot program shall be to

12  assist students in developing skills to make informed choices

13  as consumers, as well as in developing an understanding of

14  their rights and responsibilities as consumers.

15         (b)  The pilot program may address topics including,

16  but not limited to:

17         1.  Purchasing an automobile.

18         2.  Credit cards and other consumer debt.

19         3.  Landlord and tenant relations.

20         4.  Health studios.

21         5.  Home employment opportunities.

22         6.  Identity theft.

23         7.  Credit reporting and scoring.

24         (c)  The pilot program shall be implemented in at least

25  four different regions of the state.

26         (d)  Methods to implement the pilot program may

27  include, but are not limited to:

28         1.  School site visits.

29         2.  Public service announcements.

30         3.  Contests in which students participate.

31         4.  Seminars or similar training sessions.

                                  5

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 1         5.  Provision of information using Internet-based

 2  applications.

 3  

 4  The department is encouraged to use Internet-based

 5  applications to maximize the number of students who may

 6  participate in the pilot program.

 7         (e)  The department may collaborate with other state

 8  agencies; local government agencies; educational institutions;

 9  or private, not-for-profit consumer organizations to implement

10  the pilot program.

11         (2)  By December 1, 2005, the Department of Agriculture

12  and Consumer Services shall report to the President of the

13  Senate and the Speaker of the House of Representatives on the

14  activities conducted under the pilot program. The report shall

15  include a recommendation on whether to continue the pilot

16  program.

17         Section 2.  The Department of Agriculture and Consumer

18  Services shall prepare a report that evaluates the operation

19  of the state's "no sales solicitation calls" listing,

20  established under section 501.059, Florida Statutes, during

21  the period from November 1, 2003, to November 1, 2004, and

22  assesses the continued viability of the state listing as it

23  has been affected by, among other factors, the federal

24  Do-Not-Call program established through rules of the Federal

25  Trade Commission and the Federal Communications Commission

26  published at 68 Federal Register 4580 and 68 Federal Register

27  44144. The department shall submit the report to the Governor,

28  the President of the Senate, and the Speaker of the House of

29  Representatives by December 1, 2004.

30  

31  

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 1         (1)  The report must include, at a minimum, the

 2  following information, with comparable data for the same

 3  period during the prior year:

 4         (a)  The number of initial consumer subscriptions and

 5  renewal subscriptions to the state listing, and the associated

 6  fees collected, per month, with an explanation of any factors

 7  that affected consumer subscriptions during the evaluation

 8  period.

 9         (b)  The number of purchases of the state listing by

10  solicitors and the amount of fees generated from the

11  purchases.

12         (c)  The number of complaints received by the

13  department related to the state listing per month.

14         (d)  The number of enforcement actions taken by the

15  department per month, the amount of fines imposed per month,

16  and a description of any settlements reached.

17         (2)  The report must also include:

18         (a)  The number of listings of Florida consumers

19  registered with the federal Do-Not-Call program which have

20  been downloaded by the department and subscribed to the state

21  listing, as well as the number of listings uploaded to the

22  federal program, and a description of any impediments the

23  department experienced in this process.

24         (b)  A description of any activities by the department

25  related to enforcement of the federal Do-Not-Call program.

26         (c)  If telephone numbers of Florida consumers

27  registered with the federal Do-Not-Call program have been

28  downloaded to the state listing, an evaluation of whether

29  those consumers have filed complaints with the department,

30  and, if so, the nature of those complaints and what action, if

31  any, was taken by the department to address those complaints.

                                  7

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 1         (d)  The status of litigation involving the federal

 2  program and an evaluation of the litigation's effect on the

 3  department's management of the state listing.

 4         (e)  A recommendation of whether it is feasible to

 5  continue operation of the state listing based upon, among

 6  other factors, the effects of the federal program; the

 7  associated litigation; and the amount of revenue collected

 8  from subscriptions, renewals, solicitor fees, and enforcement

 9  actions. If the report recommends the continued operation of

10  the state listing, the report must also include a

11  recommendation of, and rationale for, the resources necessary

12  for the department to continue to manage the listing at its

13  current level of consumer protection.

14         (f)  A description of how the federal program's

15  preemption of less restrictive state exemptions affects any

16  exemptions allowed under the state's "no sales solicitation

17  calls" listing and a recommendation of legislative action, if

18  any, which may be necessary to address this issue.

19         (g)  Any additional information that the department

20  believes will be useful to the Legislature in evaluating the

21  state listing and any potential changes to the state listing.

22         Section 3.  Section 501.059, Florida Statutes, is

23  amended to read:

24         501.059  Telephone solicitation.--

25         (1)  As used in this section:

26         (a)  "Telephonic sales call" means a call made by a

27  telephone solicitor to a consumer, for the purpose of

28  soliciting a sale of any consumer goods or services, or for

29  the purpose of soliciting an extension of credit for consumer

30  goods or services, or for the purpose of obtaining information

31  that will or may be used for the direct solicitation of a sale

                                  8

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 1  of consumer goods or services or an extension of credit for

 2  such purposes.

 3         (b)  "Consumer Goods or services" means any real

 4  property or any tangible or intangible personal property which

 5  is normally used for personal, family, or household, or

 6  business purposes, including, without limitation, any such

 7  property intended to be attached to or installed in any real

 8  property without regard to whether it is so attached or

 9  installed, as well as cemetery lots and timeshare estates, and

10  any services related to such property.

11         (c)  "Unsolicited telephonic sales call" means a

12  telephonic sales call other than a call made:

13         1.  In response to an express request of the consumer

14  person called;

15         2.  Primarily in connection with an existing debt or

16  contract, payment or performance of which has not been

17  completed at the time of such call;

18         3.  To any consumer person with whom the telephone

19  solicitor has a prior or existing business relationship; or

20         4.  By a newspaper publisher or his or her agent or

21  employee in connection with his or her business.

22         (d)  "Commission" means the Florida Public Service

23  Commission.

24         (e)  "Telephone solicitor" means any natural person,

25  firm, organization, partnership, association, or corporation,

26  or a subsidiary or affiliate thereof, doing business in this

27  state, who makes or causes to be made a telephonic sales call,

28  including, but not limited to, calls made by use of automated

29  dialing or recorded message devices.

30  

31  

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 1         (f)  "Consumer" means a person as defined in s. 1.01

 2  who is an actual or prospective purchaser, lessee, or

 3  recipient of consumer goods or services.

 4         (g)  "Merchant" means a person who, directly or

 5  indirectly, offers or makes available to consumers any

 6  consumer goods or services.

 7         (h)  "Doing business in this state" refers to

 8  businesses who conduct telephonic sales calls from a location

 9  in Florida or from other states or nations to consumers

10  located in this state Florida.

11         (i)  "Department" means the Department of Agriculture

12  and Consumer Services.

13         (2)  Any telephone solicitor who makes an unsolicited

14  telephonic sales call to a residential, business, mobile, or

15  telephonic paging device telephone number must shall identify

16  himself or herself by his or her true first and last names and

17  the business on whose behalf he or she is soliciting

18  immediately upon making contact by telephone with the consumer

19  person who is the object of the telephone solicitation.

20         (3)(a)  Any residential, business, mobile, or

21  telephonic paging device telephone subscriber desiring to be

22  placed on a "no sales solicitation calls" listing indicating

23  that the subscriber does not wish to receive unsolicited

24  telephonic sales calls may notify the department and be placed

25  on that listing upon receipt by the department of a $10

26  initial listing charge.  This listing shall be renewed by the

27  department annually for each subscriber consumer upon receipt

28  of a renewal notice and a $5 assessment.

29         (b)  The department shall update its "no sales

30  solicitation calls" listing upon receipt of initial consumer

31  

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 1  subscriptions or renewals and provide this listing for a fee

 2  to telephone solicitors upon request.

 3         (c)  All fees imposed under pursuant to this section

 4  shall be deposited in the General Inspection Trust Fund for

 5  the administration of this section.

 6         (4)  A No telephone solicitor may not shall make or

 7  cause to be made any unsolicited telephonic sales call to any

 8  residential, business, mobile, or telephonic paging device

 9  telephone number if the number for that telephone appears in

10  the then-current quarterly listing published by the

11  department.  Any telephone solicitor or person who offers for

12  sale any consumer information which includes residential,

13  business, mobile, or telephonic paging device telephone

14  numbers, except directory assistance and telephone directories

15  sold by telephone companies and organizations exempt under s.

16  501(c)(3) or (6) of the Internal Revenue Code, must shall

17  screen and exclude those numbers which appear on the

18  division's then-current "no sales solicitation calls" list.

19  This subsection does not apply to any person licensed under

20  pursuant to chapter 475 who calls an actual or prospective

21  seller or lessor of real property when the such call is made

22  in response to a yard sign or other form of advertisement

23  placed by the seller or lessor.

24         (5)(a)  A contract made through pursuant to a

25  telephonic sales call is not valid or and enforceable against

26  a consumer unless the made in compliance with this subsection.

27         (b)  A contract made pursuant to a telephonic sales

28  call:

29         (a)1.  Is Shall be reduced to writing and signed by the

30  consumer.

31  

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 1         (b)2.  Complies Shall comply with all other applicable

 2  laws and rules.

 3         (c)3.  Matches Shall match the description of goods or

 4  services as principally used in the telephone solicitations.

 5         (d)4.  Contains Shall contain the name, address, and

 6  telephone number of the seller, the total price of the

 7  contract, and a detailed description of the goods or services

 8  being sold.

 9         (e)5.  Contains Shall contain, in bold, conspicuous

10  type, immediately preceding the signature, the following

11  statement:

12         "You are not obligated to pay any money unless you sign

13  this contract and return it to the seller."

14         (f)6.  Does May not exclude from its terms any oral or

15  written representations made by the telephone solicitor to the

16  consumer in connection with the transaction.

17         (c)  The provisions of

18  

19  This subsection does do not apply to contractual sales

20  regulated under other sections of the Florida Statutes, or to

21  the sale of financial services, security sales, or sales

22  transacted by companies or their wholly owned subsidiaries or

23  agents, which companies are regulated by chapter 364, or to

24  the sale of cable television services to the duly franchised

25  cable television operator's existing subscribers within that

26  cable television operator's franchise area, or to any sales

27  where no prior payment is made to the merchant and an invoice

28  accompanies the goods or services allowing the consumer 7 days

29  to cancel or return without obligation for any payment.

30         (6)(a)  A merchant who engages a telephone solicitor to

31  make or cause to be made a telephonic sales call may shall not

                                  12

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 1  make or submit any charge to the consumer's credit card

 2  account or make or cause to be made any electronic transfer of

 3  funds until after the merchant receives from the consumer a

 4  copy of the contract, signed by the purchaser, which complies

 5  with this section.

 6         (b)  A merchant who conducts a credit card account

 7  transaction under pursuant to this section is shall be subject

 8  to the provisions of s. 817.62.

 9         (c)  The provisions of This subsection does do not

10  apply to a transaction:

11         1.  Made in accordance with prior negotiations in the

12  course of a visit by the consumer to a merchant operating a

13  retail business establishment which has a fixed permanent

14  location and where consumer goods are displayed or offered for

15  sale on a continuing basis;

16         2.  In which the consumer may obtain a full refund for

17  the return of undamaged and unused goods or a cancellation of

18  services notice to the seller within 7 days after receipt by

19  the consumer, and the seller will process the refund within 30

20  days after receipt of the returned merchandise by the

21  consumer;

22         3.  In which the consumer purchases goods or services

23  as part of pursuant to an examination of a television, radio,

24  or print advertisement or a sample, brochure, or catalog of

25  the merchant that contains:

26         a.  The name, address, and telephone number of the

27  merchant;

28         b.  A description of the goods or services being sold;

29  and

30         c.  Any limitations or restrictions that apply to the

31  offer; or

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 1         4.  In which the merchant is a bona fide charitable

 2  organization or a newspaper as defined in chapter 50.

 3         (7)(a)  A No person may not shall make or knowingly

 4  allow a telephonic sales call to be made if the such call

 5  involves an automated system for the selection or dialing of

 6  telephone numbers or the playing of a recorded message when a

 7  connection is completed to a number called.

 8         (b)  This section does not prohibit Nothing herein

 9  prohibits the use of an automated telephone dialing system

10  with live messages if the calls are made or messages given

11  solely in response to calls initiated by the persons to whom

12  the automatic calls or live messages are directed or if the

13  telephone numbers selected for automatic dialing have been

14  screened to exclude any telephone subscriber who is included

15  on the department's then-current "no sales solicitation calls"

16  listing or any unlisted telephone number, or if the calls made

17  concern goods or services that have been previously ordered or

18  purchased.

19         (8)  The department shall investigate any complaints

20  received concerning violations of this section.  If, after

21  investigating any complaint, the department finds that there

22  has been a violation of this section, the department or the

23  Department of Legal Affairs may bring an action to impose a

24  civil penalty and to seek other relief, including injunctive

25  relief, as the court deems appropriate against the telephone

26  solicitor.  The civil penalty shall not exceed $10,000 per

27  violation and shall be deposited in the General Inspection

28  Trust Fund if the action or proceeding was brought by the

29  department, or the Legal Affairs Revolving Trust Fund if the

30  action or proceeding was brought by the Department of Legal

31  Affairs. This civil penalty may be recovered in any action

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 1  brought under this part by the department, or the department

 2  may terminate any investigation or action upon agreement by

 3  the person to pay a stipulated civil penalty.  The department

 4  or the court may waive any civil penalty if the person has

 5  previously made full restitution or reimbursement or has paid

 6  actual damages to the consumers who have been injured by the

 7  violation.

 8         (9)(a)  In any civil litigation resulting from a

 9  transaction involving a violation of this section, the

10  prevailing party, after judgment in the trial court and

11  exhaustion of all appeals, if any, shall receive his or her

12  reasonable attorney's fees and costs from the nonprevailing

13  party.

14         (b)  The attorney for the prevailing party shall submit

15  a sworn affidavit of his or her time spent on the case and his

16  or her costs incurred for all the motions, hearings, and

17  appeals to the trial judge who presided over the civil case.

18         (c)  The trial judge shall award the prevailing party

19  the sum of reasonable costs incurred in the action plus a

20  reasonable legal fee for the hours actually spent on the case

21  as sworn to in an affidavit.

22         (d)  Any award of attorney's fees or costs shall become

23  a part of the judgment and subject to execution as the law

24  allows.

25         (e)  In any civil litigation initiated by the

26  department or the Department of Legal Affairs, the court may

27  award to the prevailing party reasonable attorney's fees and

28  costs if the court finds that there was a complete absence of

29  a justiciable issue of either law or fact raised by the losing

30  party or if the court finds bad faith on the part of the

31  losing party.

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 1         (10)  The commission shall by rule ensure that

 2  telecommunications companies inform their customers of the

 3  provisions of this section.  The notification may be made by:

 4         (a)  Annual inserts in the billing statements mailed to

 5  customers; and

 6         (b)  Conspicuous publication of the notice in the

 7  consumer information pages of the local telephone directories.

 8         Section 4.  Effective October 1, 2004, subsection (7)

 9  of section 501.143, Florida Statutes, is amended, and

10  subsections (4) and (6) of that section are reenacted, to

11  read:

12         501.143  Dance Studio Act.--

13         (4)  CONTRACT REQUIREMENTS.--Every contract for

14  ballroom dance studio services or lessons shall be in writing

15  and shall be subject to this section.  All provisions,

16  requirements, and prohibitions which are mandated by this

17  section shall be contained in the written contract before it

18  is signed by the customer.  A copy of the signed contract

19  shall be given to the customer at the time the customer signs

20  the contract.

21         (a)  Every contract for ballroom dance studio services

22  or lessons shall set forth the customer's total payment

23  obligation for services or lessons to be received pursuant to

24  the contract and shall contain a written statement of the

25  hourly or lesson rate charged for each type of lesson for

26  which the customer has contracted.

27         (b)  If the contract includes ballroom dance studio

28  lessons which are sold at different hourly or lesson rates,

29  the contract shall contain separate hourly or lesson rates for

30  each different type of lesson sold.

31  

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 1         (c)  If the contract for dance studio services or

 2  lessons calls for payment in installments, the studio shall

 3  comply with all the provisions of the Retail Installment Sales

 4  Act, part II of chapter 520.

 5         (d)  All charges for dance studio services or lessons

 6  for which the customer has contracted which are not capable of

 7  an hourly rate shall be set forth in writing in specific

 8  terms.

 9         (e)  Every ballroom dance studio to which this section

10  applies shall keep a copy of each contract for dance studio

11  services or lessons on file for as long as the contract is in

12  effect and for a period of 2 years thereafter.

13         (f)  Every contract for the sale of future dance studio

14  services or lessons which are paid for in advance or which the

15  buyer agrees to pay for in future installment payments shall

16  be in writing and shall contain in boldfaced type, under

17  conspicuous caption, contractual provisions to the contrary

18  notwithstanding, the following:

19         1.  A provision for the penalty-free cancellation of

20  the contract within 3 days, exclusive of holidays and

21  weekends, of its making, upon the mailing or delivery of

22  written notice to the ballroom dance studio.  Written notice

23  may be construed as any written expression of the customer to

24  not be bound by the contract. The ballroom dance studio shall

25  refund upon such notice all moneys paid under the contract

26  except the amount for ballroom dance studio services or

27  lessons actually rendered or to have been rendered, by

28  contract, during the number of days prior to the cancellation

29  notice.  A refund shall be issued within 20 days after receipt

30  of the notice of cancellation made within the 3-day notice.

31  

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 1         2.  A provision for the cancellation of the contract,

 2  if the buyer dies or becomes physically or mentally unable to

 3  avail himself or herself of the dance studio lessons or

 4  services or if the lessons or services cease to be offered as

 5  stated in the contract, after 3 business days of its making

 6  and release from further payments upon notice of cancellation.

 7  After 3 business days the studio shall charge only for the

 8  dance instruction and dance instruction services actually

 9  furnished under the agreement plus a reasonable and fair

10  service fee.  The studio shall refund the balance in three

11  equal monthly installments, to be completed within not more

12  than 90 days after receiving notice of cancellation.

13         3.  Any provision in a dance contract, certificate,

14  dance package, or brochure or other material from a dance

15  studio that purports to waive, limit, restrict, or avoid any

16  of the duties, obligations, or prescriptions of the dance

17  studio, as provided in this section, is void and unenforceable

18  and against public policy, unless it is necessitated by

19  contractual arrangements with suppliers and fully disclosed.

20         (g)  A contract for ballroom dance studio services or

21  lessons may not be for a period in excess of 36 months and,

22  thereafter, is only renewable annually. Such renewal contracts

23  may not be executed nor may the fee therefor be paid until 60

24  days or less before the preceding contract expires.

25         (h)  A ballroom dance studio may not, directly or

26  indirectly, make an oral or written representation that a

27  ballroom dance studio contract for future services is for a

28  lifetime, constitutes a perpetual membership, or is otherwise

29  for an indefinite term.

30         (6)  PROHIBITED PRACTICES.--It is a violation of this

31  section for any person:

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 1         (a)  To conduct business as a ballroom dance studio

 2  without registering annually with the department.

 3         (b)  Knowingly to make any false statement,

 4  representation, or certification in any application or

 5  registration form required by department rule.

 6         (c)  Knowingly to violate or fail to comply with any

 7  rule or order adopted or issued by the department pursuant to

 8  its lawful authority in carrying out the intent of this

 9  section.

10         (d)  To represent, directly or by implication, that a

11  specified number of dance studio lessons or a dance studio

12  service will be furnished, unless the bona fide lessons or

13  service is in fact furnished as represented.

14         (e)  To refuse to honor the terms and provisions of any

15  offer or promise.

16         (f)  To use any of the following or similar techniques

17  or practices to mislead, coerce, or induce the purchase of

18  dance studio lessons or dance studio services:

19         1.  Requesting any customer to sign an uncompleted

20  contract or agreement;

21         2.  Misrepresenting to any customer what is or will be

22  due or payable;

23         3.  Using any single day "relay salesmanship" or

24  consecutive sales talks with more than one representative,

25  with or without the use of hidden listening devices;

26         4.  Falsely assuring or representing to any customer

27  that a given course of dance studio lessons will enable him or

28  her to achieve a given standard of dancing proficiency;

29         5.  Representing in any manner that a dancing

30  instructor or job is obtainable at a studio or misrepresenting

31  what such an instructor will be paid; or

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 1         6.  Using any analyses, tests, studio competitions, or

 2  other artifices purportedly designed to evaluate dancing

 3  ability, progress, or proficiency when the artifices are not

 4  so designed or so used.

 5  

 6  The department may employ investigators and conduct

 7  investigations of violations of this section.

 8         (7)  PENALTIES; REMEDIES.--The following penalties and

 9  remedies are available for enforcement of the provisions of

10  this section:

11         (a)  The department shall have administrative authority

12  to issue a notice of noncompliance pursuant to s. 120.695 and

13  to suspend or revoke the registration of any ballroom dance

14  studio that violates any of the provisions of this section or

15  the rules adopted or orders issued pursuant to such rules.

16  Such ballroom dance studio may not engage in business while

17  the registration is revoked or suspended.

18         (b)  The department may impose an administrative fine

19  not to exceed $5,000 per violation against any ballroom dance

20  studio that violates any of the provisions of this section or

21  the rules adopted or orders issued pursuant to this section.

22  If the violation relates to a practice prohibited under

23  subsection (6) or a contract requirement under subsection (4)

24  and the individual affected by the violation is a senior

25  citizen or handicapped person as defined in s. 501.2077, the

26  department may impose an administrative fine not to exceed

27  $15,000 per violation.

28         (c)  Notwithstanding the provisions of subsection (5),

29  the department may require any ballroom dance studio that has

30  operated or is operating in violation of any of the provisions

31  of this section or the rules adopted or orders issued pursuant

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 1  to such rules to post security with the department in an

 2  amount not to exceed $25,000.

 3         (d)  The department may proceed by injunction to

 4  prevent any ballroom dance studio from doing business subject

 5  to the provisions of this section until a performance bond,

 6  letter of credit, or certificate of deposit is posted with the

 7  department.

 8         (e)  The enforcing authority may seek a civil penalty

 9  not to exceed $5,000 for each violation of this section or the

10  rules adopted or orders issued pursuant to such rules and may

11  institute a civil action in circuit court to recover any

12  penalties or damages allowed in this section and for

13  injunctive relief to enforce compliance with this section or

14  any rule or order of the department. If the violation relates

15  to a practice prohibited under subsection (6) or a contract

16  requirement under subsection (4) and the individual affected

17  by the violation is a senior citizen or handicapped person as

18  defined in s. 501.2077, the enforcing authority may seek a

19  civil penalty not to exceed $15,000 for each violation.

20         (f)  The remedies provided in this section are in

21  addition to any other remedies available for the same conduct.

22         Section 5.  Effective October 1, 2004, section 525.09,

23  Florida Statutes, is amended to read:

24         525.09  Inspection fee.--

25         (1)  For the purpose of defraying the expenses incident

26  to inspecting, testing, and analyzing petroleum fuels in this

27  state, there shall be paid to the department a charge of

28  one-eighth cent per gallon on all gasoline, kerosene (except

29  when used as aviation turbine fuel), and #1 fuel oil for sale

30  or use in this state.  This inspection fee shall be imposed in

31  

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 1  the same manner as the motor fuel tax pursuant to s. 206.41.

 2  Payment shall be made on or before the 25th day of each month.

 3         (2)  If any company fails to make the payment herein

 4  provided on or before the 25th day of each month, the

 5  department may add 10 percent to the amount of such taxes

 6  already due as a penalty for failure of the company to make

 7  the report and payment by the 25th day of each month.  The

 8  department shall proceed to collect the tax, together with all

 9  costs incident to collection by the same methods as other

10  delinquent taxes are collected by law.

11         (3)  All remittances to the department for the

12  inspection tax herein provided shall be accompanied by a

13  detailed report under oath showing the number of gallons of

14  gasoline, kerosene, or fuel oil sold and delivered in each

15  county.

16         (4)  No inspection fee shall be charged on petroleum

17  fuels unloaded in any of the Florida ports for shipment into

18  other states.

19         Section 6.  Effective October 1, 2004, subsection (7)

20  of section 539.001, Florida Statutes, is amended to read:

21         539.001  The Florida Pawnbroking Act.--

22         (7)  ORDERS IMPOSING PENALTIES.--

23         (a)  The agency may enter an order imposing one or more

24  of the penalties set forth in paragraph (b) if the agency

25  finds that a pawnbroker:

26         1.  Violated or is operating in violation of any of the

27  provisions of this section or of the rules adopted or orders

28  issued thereunder;

29         2.  Made a material false statement in any application,

30  document, or record required to be submitted or retained under

31  this section;

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 1         3.  Refused or failed, or any of its principal officers

 2  has refused or failed, after notice, to produce any document

 3  or records or disclose any information required to be produced

 4  or disclosed under this section or the rules of the agency;

 5         4.  Made a material false statement in response to any

 6  request or investigation by the agency, the Department of

 7  Legal Affairs, or the state attorney; or

 8         5.  Has intentionally defrauded the public through

 9  dishonest or deceptive means.

10         (b)  Upon a finding as set forth in paragraph (a), the

11  agency may enter an order doing one or more of the following:

12         1.  Issuing a notice of noncompliance pursuant to s.

13  120.695.

14         2.  Imposing an administrative fine not to exceed

15  $5,000, or not to exceed $15,000 in the case of a violation

16  against a senior citizen or handicapped person as defined in

17  s. 501.2077, for each act that which constitutes a violation

18  of this section or a rule or an order.

19         3.  Directing that the pawnbroker cease and desist

20  specified activities.

21         4.  Refusing to license or revoking or suspending a

22  license.

23         5.  Placing the licensee on probation for a period of

24  time, subject to such conditions as the agency may specify.

25         (c)  The administrative proceedings which could result

26  in the entry of an order imposing any of the penalties

27  specified in paragraph (b) are governed by chapter 120.

28         (d)1.  When the agency, if a violation of this section

29  occurs, has reasonable cause to believe that a person is

30  operating in violation of this section, the agency may bring a

31  civil action in the appropriate court for temporary or

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 1  permanent injunctive relief and may seek other appropriate

 2  civil relief, including a civil penalty not to exceed $5,000,

 3  or not to exceed $15,000 in the case of a violation against a

 4  senior citizen or handicapped person as defined in s.

 5  501.2077, for each violation, restitution and damages for

 6  injured customers, court costs, and reasonable attorney's

 7  fees.

 8         2.  The agency may terminate any investigation or

 9  action upon agreement by the offender to pay a stipulated

10  civil penalty, to make restitution or pay damages to

11  customers, or to satisfy any other relief authorized herein

12  and requested by the agency.

13         (e)  The remedies provided for in this subsection shall

14  be in addition to any other remedy provided by law.

15         Section 7.  Effective October 1, 2004, subsection (1)

16  of section 559.801, Florida Statutes, is amended to read:

17         559.801  Definitions.--For the purpose of ss.

18  559.80-559.815, the term:

19         (1)(a)  "Business opportunity" means the sale or lease

20  of any products, equipment, supplies, or services which are

21  sold or leased to a purchaser to enable the purchaser to start

22  a business for which the purchaser is required to pay an

23  initial fee or sum of money which exceeds $500 to the seller,

24  and in which the seller represents:

25         1.  That the seller or person or entity affiliated with

26  or referred by the seller will provide locations, either

27  contemporaneously at the time of the sale or lease or at a

28  future time, or assist the purchaser in finding locations for

29  the use or operation of vending machines, racks, display

30  cases, currency or card operated equipment, or other similar

31  

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 1  devices or currency-operated amusement machines or devices on

 2  premises neither owned nor leased by the purchaser or seller;

 3         2.  That the seller will purchase, either

 4  contemporaneously at the time of the sale or lease or at a

 5  future time, any or all products made, produced, fabricated,

 6  grown, bred, or modified by the purchaser using in whole or in

 7  part the supplies, services, or chattels sold to the

 8  purchaser;

 9         3.  That the seller guarantees that the purchaser will

10  derive income from the business opportunity which exceeds the

11  price paid or rent charged for the business opportunity or

12  that the seller will refund all or part of the price paid or

13  rent charged for the business opportunity, or will repurchase

14  any of the products, equipment, supplies, or chattels supplied

15  by the seller, if the purchaser is unsatisfied with the

16  business opportunity; or

17         4.  That the seller will provide, either

18  contemporaneously at the time of the sale or lease or at a

19  future time, a sales program or marketing program that will

20  enable the purchaser to derive income from the business

21  opportunity, except that this paragraph does not apply to the

22  sale of a sales program or marketing program made in

23  conjunction with the licensing of a trademark or service mark

24  that is registered under the laws of any state or of the

25  United States if the seller requires use of the trademark or

26  service mark in the sales agreement.

27  

28  For the purpose of subparagraph 1., the term "assist the

29  purchaser in finding locations" means, but is not limited to,

30  supplying the purchaser with names of locator companies,

31  contracting with the purchaser to provide assistance or supply

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 1  names, or collecting a fee on behalf of or for a locator

 2  company.

 3         (b)  "Business opportunity" does not include:

 4         1.  The sale of ongoing businesses when the owner of

 5  those businesses sells and intends to sell only those business

 6  opportunities so long as those business opportunities to be

 7  sold are no more than five in number;

 8         2.  The not-for-profit sale of sales demonstration

 9  equipment, materials, or samples for a price that does not

10  exceed $500 or any sales training course offered by the seller

11  the cost of which does not exceed $500; or

12         3.  The sale or lease of laundry and drycleaning

13  equipment.

14         Section 8.  Effective October 1, 2004, section 559.920,

15  Florida Statutes, is amended to read:

16         559.920  Unlawful acts and practices.--It shall be a

17  violation of this act for any motor vehicle repair shop or

18  employee thereof to:

19         (1)  Engage or attempt to engage in repair work for

20  compensation of any type without first being registered with

21  or having submitted an affidavit of exemption to the

22  department;

23         (2)  Make or charge for repairs which have not been

24  expressly or impliedly authorized by the customer;

25         (3)  Misrepresent that repairs have been made to a

26  motor vehicle;

27         (4)  Misrepresent that certain parts and repairs are

28  necessary to repair a vehicle;

29         (5)  Misrepresent that the vehicle being inspected or

30  diagnosed is in a dangerous condition or that the customer's

31  

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 1  continued use of the vehicle may be harmful or cause great

 2  damage to the vehicle;

 3         (6)  Fraudulently alter any customer contract,

 4  estimate, invoice, or other document;

 5         (7)  Fraudulently misuse any customer's credit card;

 6         (8)  Make or authorize in any manner or by any means

 7  whatever any written or oral statement which is untrue,

 8  deceptive or misleading, and which is known, or which by the

 9  exercise of reasonable care should be known, to be untrue,

10  deceptive or misleading;

11         (9)  Make false promises of a character likely to

12  influence, persuade, or induce a customer to authorize the

13  repair, service, or maintenance of a motor vehicle;

14         (10)  Substitute used, rebuilt, salvaged, or

15  straightened parts for new replacement parts without notice to

16  the motor vehicle owner and to her or his insurer if the cost

17  of repair is to be paid pursuant to an insurance policy and

18  the identity of the insurer or its claims adjuster is

19  disclosed to the motor vehicle repair shop;

20         (11)  Cause or allow a customer to sign any work order

21  that does not state the repairs requested by the customer or

22  the automobile's odometer reading at the time of repair;

23         (12)  Fail or refuse to give to a customer a copy of

24  any document requiring the customer's signature upon

25  completion or cancellation of the repair work;

26         (13)  Willfully depart from or disregard accepted

27  practices and professional standards;

28         (14)  Have repair work subcontracted without the

29  knowledge or consent of the customer unless the motor vehicle

30  repair shop or employee thereof demonstrates that the customer

31  could not reasonably have been notified;

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 1         (15)  Conduct the business of motor vehicle repair in a

 2  location other than that stated on the registration

 3  certificate;

 4         (16)  Rebuild or restore a rebuilt vehicle without the

 5  knowledge of the owner in such a manner that it does not

 6  conform to the original vehicle manufacturer's established

 7  repair procedures or specifications and allowable tolerances

 8  for the particular model and year; or

 9         (17)  Perform any other act that is a violation of this

10  part or that constitutes fraud or misrepresentation.

11         Section 9.  Effective October 1, 2004, subsections (4)

12  and (5) of section 559.921, Florida Statutes, are amended to

13  read:

14         559.921  Remedies.--

15         (4)(a)  The department may enter an order imposing one

16  or more of the penalties set forth in paragraph (b) if the

17  department finds that a motor vehicle repair shop:

18         1.  Violated or is operating in violation of any of the

19  provisions of this part or of the rules adopted or orders

20  issued thereunder;

21         2.  Made a material false statement in any application,

22  document, or record required to be submitted or retained under

23  this part;

24         3.  Refused or failed, or any of its principal officers

25  have refused or failed, after notice, to produce any document

26  or record or disclose any information required to be produced

27  or disclosed under this part or the rules of the department;

28         4.  Made a material false statement in response to any

29  request or investigation by the department, the Department of

30  Legal Affairs, or the state attorney; or

31  

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 1         5.  Has intentionally defrauded the public through

 2  dishonest or deceptive means.

 3         (b)  Upon a finding as set forth in paragraph (a), the

 4  department may enter an order doing one or more of the

 5  following:

 6         1.  Issuing a notice of noncompliance pursuant to s.

 7  120.695.

 8         2.  Imposing an administrative fine not to exceed

 9  $1,000 per violation for each act that which constitutes a

10  violation of this part or a rule or order, or not to exceed

11  $15,000 for each such violation against a senior citizen or

12  handicapped person as defined in s. 501.2077 which results in

13  a finding under subparagraph (a)5.

14         3.  Directing that the motor vehicle repair shop cease

15  and desist specified activities.

16         4.  Refusing to register or revoking or suspending a

17  registration.

18         5.  Placing the registrant on probation for a period of

19  time, subject to such conditions as the department may

20  specify.

21         (c)  The administrative proceedings which could result

22  in the entry of an order imposing any of the penalties

23  specified in paragraph (b) shall be conducted in accordance

24  with chapter 120.

25         (5)(a)  The department or the state attorney, if a

26  violation of this part occurs in his or her judicial circuit,

27  shall be the enforcing authority for purposes of this part and

28  may bring a civil action in circuit court for temporary or

29  permanent injunctive relief and may seek other appropriate

30  civil relief, including a civil penalty not to exceed $1,000

31  for each violation, or not to exceed $15,000 for each

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 1  violation against a senior citizen or handicapped person as

 2  defined in s. 501.2077 which results in a finding under

 3  subparagraph (4)(a)5.; restitution and damages for injured

 4  customers;, court costs;, and reasonable attorney's fees.

 5         (b)  The enforcing authority may terminate any

 6  investigation or action upon agreement by the offender to pay

 7  a stipulated civil penalty, to make restitution or pay damages

 8  to customers, or to satisfy any other relief authorized herein

 9  and requested by the department.

10         Section 10.  Effective October 1, 2004, subsections (1)

11  and (3) of section 559.928, Florida Statutes, are amended to

12  read:

13         559.928  Registration.--

14         (1)  Each seller of travel shall annually register with

15  the department, providing: its legal business or trade name,

16  mailing address, and business locations; the full names,

17  addresses, and telephone numbers, and social security numbers

18  of its owners or corporate officers and directors and the

19  Florida agent of the corporation; a statement whether it is a

20  domestic or foreign corporation, its state and date of

21  incorporation, its charter number, and, if a foreign

22  corporation, the date it registered with the State of Florida,

23  and occupational license where applicable; the date on which a

24  seller of travel registered its fictitious name if the seller

25  of travel is operating under a fictitious or trade name; the

26  name of all other corporations, business entities, and trade

27  names through which each owner of the seller of travel

28  operated, was known, or did business as a seller of travel

29  within the preceding 5 years; a list of all authorized

30  independent agents, including the agent's trade name, full

31  name, mailing address, business address, telephone numbers,

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 1  and social security number; the business location and address

 2  of each branch office and full name and address of the manager

 3  or supervisor; and proof of purchase of adequate bond or

 4  establishment of a letter of credit or certificate of deposit

 5  as required in this part.  A certificate evidencing proof of

 6  registration shall be issued by the department and must be

 7  prominently displayed in the seller of travel's primary place

 8  of business.

 9         (3)  Each independent agent shall annually file an

10  affidavit with the department prior to engaging in business in

11  this state. This affidavit must include the independent

12  agent's full name, legal business or trade name, mailing

13  address, business address, and telephone number, social

14  security number, and the name or names and addresses of each

15  seller of travel represented by the independent agent and must

16  be accompanied by a copy of the independent agent's current

17  contract with each seller of travel. A letter evidencing proof

18  of filing must be issued by the department and must be

19  prominently displayed in the independent agent's primary place

20  of business.  As used in this subsection, the term

21  "independent agent" means a person who represents a seller of

22  travel by soliciting persons on its behalf; who has a written

23  contract with a seller of travel which is operating in

24  compliance with this part and any rules adopted thereunder;

25  who does not receive a fee, commission, or other valuable

26  consideration directly from the purchaser for the seller of

27  travel; who does not at any time have any unissued ticket

28  stock or travel documents in his or her possession; and who

29  does not have the ability to issue tickets, vacation

30  certificates, or any other travel document.  The term

31  "independent agent" does not include an affiliate of the

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 1  seller of travel, as that term is used in s. 559.935(3), or

 2  the employees of the seller of travel or of such affiliates.

 3         Section 11.  Section 559.934, Florida Statutes, is

 4  amended to read:

 5         559.934  Deceptive and unfair trade practice.--Acts,

 6  conduct, practices, omissions, failings, misrepresentations,

 7  or nondisclosures that which constitute a violation of this

 8  part also constitute a deceptive and unfair trade practice for

 9  the purpose of ss. 501.201-501.213, the Florida Deceptive and

10  Unfair Trade Practices Act, s. 501.201 and administrative

11  rules adopted promulgated thereunder.

12         Section 12.  Section 570.544, Florida Statutes, as

13  amended by section 61 of chapter 2003-399, Laws of Florida, is

14  amended to read:

15         570.544  Division of Consumer Services; director;

16  powers; processing of complaints; records.--

17         (1)  The director of the Division of Consumer Services

18  shall be appointed by and serve at the pleasure of the

19  commissioner.

20         (2)  The Division of Consumer Services may:

21         (a)  Conduct studies and make analyses of matters

22  affecting the interests of consumers.

23         (b)  Study the operation of laws for consumer

24  protection.

25         (c)  Advise and make recommendations to the various

26  state agencies concerned with matters affecting consumers.

27         (d)  Assist, advise, and cooperate with local, state,

28  or federal agencies and officials in order to promote the

29  interests of consumers.

30         (e)  Make use of the testing and laboratory facilities

31  of the department for the detection of consumer fraud.

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 1         (f)  Report to the appropriate law enforcement officers

 2  any information concerning violation of consumer protection

 3  laws.

 4         (g)  Assist, develop, and conduct programs of consumer

 5  education and consumer information through publications and

 6  other informational and educational material prepared for

 7  dissemination to the public, in order to increase the

 8  competence of consumers.

 9         (h)  Organize and hold conferences on problems

10  affecting consumers.

11         (i)  Recommend programs to encourage business and

12  industry to maintain high standards of honesty, fair business

13  practices, and public responsibility in the production,

14  promotion, and sale of consumer goods and services.

15         (3)  In addition to the powers, duties, and

16  responsibilities authorized by this or any other chapter, the

17  Division of Consumer Services shall serve as a clearinghouse

18  for matters relating to consumer protection, consumer

19  information, and consumer services generally.

20         (a)  The division It shall receive complaints and

21  grievances from consumers and promptly transmit them to that

22  agency most directly concerned in order that the complaint or

23  grievance may be expeditiously handled in the best interests

24  of the complaining consumer.

25         (b)  If no agency exists to which the division may

26  transmit a complaint or grievance under paragraph (a), the

27  division of Consumer Services shall seek a settlement of the

28  complaint using formal or informal methods of mediation and

29  conciliation and may seek any other resolution of the matter

30  in accordance with its jurisdiction.

31  

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 1         (4)  If any complaint received by the Division of

 2  Consumer Services concerns matters which involve concurrent

 3  jurisdiction in more than one agency, duplicate copies of the

 4  complaint shall be referred to those offices deemed to have

 5  concurrent jurisdiction.

 6         (5)(a)  Any agency, office, bureau, division, or board

 7  of state government receiving a complaint which deals with

 8  consumer fraud or consumer protection and which is not within

 9  the jurisdiction of the receiving agency, office, bureau,

10  division, or board originally receiving it, shall immediately

11  refer the complaint to the Division of Consumer Services.

12         (b)  Upon receipt of such a complaint, the Division of

13  Consumer Services shall make a determination of the proper

14  jurisdiction to which the complaint relates and shall

15  immediately refer the complaint to the agency, office, bureau,

16  division, or board which does have the proper regulatory or

17  enforcement authority to deal with it.

18         (6)(a)  The office or agency to which a complaint has

19  been referred shall within 30 days acknowledge receipt of the

20  complaint and report on the disposition made of the complaint.

21  In the event a complaint has not been disposed of within 30

22  days, the receiving office or agency shall file progress

23  reports with the Division of Consumer Services no less

24  frequently than 30 days until final disposition.

25         (b)  The report shall contain at least the following

26  information:

27         1.  A finding of whether the receiving agency has

28  jurisdiction of the subject matter involved in the complaint.

29         2.  Whether the complaint is deemed to be frivolous,

30  sham, or without basis in fact or law.

31  

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 1         3.  What action has been taken and a report on whether

 2  the original complainant was satisfied with the final

 3  disposition.

 4         4.  Any recommendation regarding needed changes in law

 5  or procedure which in the opinion of the reporting agency or

 6  office will improve consumer protection in the area involved.

 7         (7)(a)  If the office or agency receiving a complaint

 8  fails to file a report as contemplated in this section, that

 9  failure shall be construed as a denial by the receiving office

10  or agency that it has jurisdiction of the subject matter

11  contained in the complaint.

12         (b)  If an office or agency receiving a complaint

13  determines that the matter presents a prima facie case for

14  criminal prosecution or if the complaint cannot be settled at

15  the administrative level, the complaint together with all

16  supporting evidence shall be transmitted to the Department of

17  Legal Affairs or other appropriate enforcement agency with a

18  recommendation for civil or criminal action warranted by the

19  evidence.

20         (8)  The records of the Division of Consumer Services

21  are public records.  However, customer lists, customer names,

22  and trade secrets are confidential and exempt from the

23  provisions of s. 119.07(1). Disclosure necessary to

24  enforcement procedures shall not be construed as violative of

25  this prohibition.

26         (9)  It shall be the duty of the Division of Consumer

27  Services to maintain records and compile summaries and

28  analyses of consumer complaints and their eventual

29  disposition, which data may serve as a basis for

30  recommendations to the Legislature and to state regulatory

31  agencies. This duty includes, but is not limited to, a duty to

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 1  make reports and offer recommendations to the Commissioner of

 2  Agriculture for submission to the Legislature and to state

 3  regulatory agencies concerning changes in laws or

 4  administrative rules which the division determines may be

 5  necessary or warranted based upon an analysis of complaints

 6  reviewed under paragraph (3)(b).

 7         Section 13.  Effective October 1, 2004, subsection (7)

 8  of section 616.242, Florida Statutes, is amended to read:

 9         616.242  Safety standards for amusement rides.--

10         (7)  DEPARTMENT INSPECTIONS.--

11         (a)  In order to obtain an annual permit, an amusement

12  ride must be inspected by the department in accordance with

13  subsection (11) and receive an inspection certificate. In

14  addition, each permanent amusement ride must be inspected

15  semiannually by the department in accordance with subsection

16  (11) and receive an inspection certificate and must receive an

17  inspection certificate when it is relocated;, and each

18  temporary amusement ride must be inspected by the department

19  in accordance with subsection (11), and must receive an

20  inspection certificate each time the ride is set up or moved

21  to a new location in this state unless the temporary amusement

22  ride is:

23         1.  Used at a private event;

24         2.  A simulator, the capacity of which does not exceed

25  16 persons; or

26         3.  A kiddie ride used at a public event, provided that

27  there are no more than three amusement rides at the event,

28  none of the kiddie rides at the event exceeds a capacity of 12

29  persons, and the ride has an inspection certificate that was

30  issued within the preceding 6 months. The capacity of a kiddie

31  ride shall be determined by rule of the department, unless the

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 1  capacity of the ride has been determined and specified by the

 2  manufacturer. Any owner of a kiddie ride operating under this

 3  exemption is responsible for ensuring that no more than three

 4  amusement rides are operated at the event.

 5         (b)  To obtain a department inspection for an amusement

 6  ride, the owner must submit to the department on a form

 7  prescribed by rule of the department a written Request for

 8  Inspection. The owner must provide the following information

 9  to the department:

10         1.  The legal name, address, and primary place of

11  business of the owner, the requested inspection date, the date

12  of first intended use or planned opening date, and the date of

13  arrival on site.

14         2.  A description, manufacturer's name, serial number,

15  model number, and the United States Amusement Identification

16  Number, if previously assigned, of the amusement ride.

17         3.  For a temporary amusement ride, for each time the

18  amusement ride is set up or moved to a new location, the

19  requested inspection date of first intended use at the new

20  location and the address or a description of the new location.

21         (c)  For permanent amusement rides, the request for

22  inspection must be received by the department at least 15 days

23  before the requested inspection owner's planned opening date

24  or at least 15 days before the expiration of the prior

25  inspection certificate.  If the request for inspection is

26  received less than 15 days before the requested inspection

27  owner's planned opening date or less than 15 days before the

28  expiration of the prior inspection certificate, the department

29  may nevertheless inspect the amusement ride and charge a late

30  fee, as set by rule of the department.

31  

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 1         (d)  For temporary amusement rides, the request for

 2  inspection must be received by the department for each time

 3  the amusement ride is set up or moved to a new location at

 4  least 14 days before the requested inspection date of first

 5  intended use at the new location.  If the request for

 6  inspection is received less than 14 days before the requested

 7  inspection date of first intended use at the new location, the

 8  department may nevertheless inspect the amusement ride and

 9  charge a late fee, as set by rule of the department.

10         (e)  Inspections will be assigned on a first come,

11  first served basis, and overflow requests will be scheduled on

12  the closest date to the date for which the inspection was

13  requested.

14         (f)  Upon failure of an amusement ride to pass any

15  department inspection, the owner may request reinspection

16  which shall be submitted in writing to the department on a

17  form prescribed by rule of the department. The department

18  shall reinspect the amusement ride as soon as practical

19  following receipt of the written request for reinspection and

20  any applicable reinspection fees set by rule of the

21  department. Inspections will be assigned on a first come,

22  first served basis, and the overflow requests will be

23  scheduled on the closest date to the date for which the

24  inspection was requested.

25         (g)  If the amusement ride passes inspection and the

26  owner pays the applicable fee set by rule of the department,

27  the department shall issue an inspection certificate on a form

28  prescribed by rule of the department.

29         (h)  The inspection certificate must contain the date

30  of inspection, the site of the inspection, and the name of the

31  inspector.

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 1         (i)  The inspection certificate is valid only for the

 2  site stated on the inspection certificate. The inspection

 3  certificate is valid for a period of not more than 6 months

 4  from the date of issuance, and is not transferable.

 5         (j)  The inspection certificate must be displayed on

 6  the amusement ride at a place readily visible to patrons of

 7  the amusement ride.

 8         (k)  If the owner fails to timely cancel a Request for

 9  Inspection, requests holiday or weekend inspections, or is

10  required to have a replacement USAID plate issued by the

11  department, the owner may be charged an appropriate fee to be

12  set by rule of the department.

13         Section 14.  Effective October 1, 2004, section

14  817.568, Florida Statutes, is amended to read:

15         817.568  Criminal use of personal identification

16  information.--

17         (1)  As used in this section, the term:

18         (a)  "Access device" means any card, plate, code,

19  account number, electronic serial number, mobile

20  identification number, personal identification number, or

21  other telecommunications service, equipment, or instrument

22  identifier, or other means of account access that can be used,

23  alone or in conjunction with another access device, to obtain

24  money, goods, services, or any other thing of value, or that

25  can be used to initiate a transfer of funds, other than a

26  transfer originated solely by paper instrument.

27         (b)  "Authorization" means empowerment, permission, or

28  competence to act.

29         (c)  "Harass" means to engage in conduct directed at a

30  specific person that is intended to cause substantial

31  emotional distress to such person and serves no legitimate

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 1  purpose. "Harass" does not mean to use personal identification

 2  information for accepted commercial purposes. The term does

 3  not include constitutionally protected conduct such as

 4  organized protests or the use of personal identification

 5  information for accepted commercial purposes.

 6         (d)  "Individual" means a single human being, including

 7  a deceased individual, and does not mean a firm, association

 8  of individuals, corporation, partnership, joint venture, sole

 9  proprietorship, or any other entity.

10         (e)  "Person" means a "person" as defined in s.

11  1.01(3).

12         (f)  "Personal identification information" means any

13  name or number that may be used, alone or in conjunction with

14  any other information, to identify a specific individual,

15  including any:

16         1.  Name, social security number, date of birth,

17  official state-issued or United States-issued driver's license

18  or identification number, alien registration number,

19  government passport number, employer or taxpayer

20  identification number, Medicaid or food stamp account number,

21  or bank account or credit card number;

22         2.  Unique biometric data, such as fingerprint, voice

23  print, retina or iris image, or other unique physical

24  representation;

25         3.  Unique electronic identification number, address,

26  or routing code; or

27         4.  Telecommunication identifying information or access

28  device.

29         (2)(a)  Any person who willfully and without

30  authorization fraudulently uses, or possesses with intent to

31  fraudulently use, personal identification information

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 1  concerning an individual without first obtaining the that

 2  individual's consent of the individual or, if the individual

 3  is deceased, the individual's estate, commits the offense of

 4  fraudulent use of personal identification information, which

 5  is a felony of the third degree, punishable as provided in s.

 6  775.082, s. 775.083, or s. 775.084.

 7         (b)  Any person who willfully and without authorization

 8  fraudulently uses personal identification information

 9  concerning an individual without first obtaining the that

10  individual's consent of the individual or, if the individual

11  is deceased, the individual's estate commits a felony of the

12  second degree, punishable as provided in s. 775.082, s.

13  775.083, or s. 775.084, if the pecuniary benefit, the value of

14  the services received, the payment sought to be avoided, or

15  the amount of the injury or fraud perpetrated is $5,000 or

16  more or if the person fraudulently uses the personal

17  identification information of 10 or more individuals without

18  their consent or, if deceased, the consent of their estates.

19  Notwithstanding any other provision of law, the court shall

20  sentence any person convicted of committing the offense

21  described in this paragraph to a mandatory minimum sentence of

22  3 years' imprisonment.

23         (c)  Any person who willfully and without authorization

24  fraudulently uses personal identification information

25  concerning an individual without first obtaining the that

26  individual's consent of the individual or, if deceased, the

27  individual's estate commits a felony of the first degree,

28  punishable as provided in s. 775.082, s. 775.083, or s.

29  775.084, if the  pecuniary benefit, the value of the services

30  received, the payment sought to be avoided, or the amount of

31  the injury or fraud perpetrated is $50,000 or more or if the

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 1  person fraudulently uses the personal identification

 2  information of 20 or more individuals without their consent

 3  or, if deceased, the consent of their estates. Notwithstanding

 4  any other provision of law, the court shall sentence any

 5  person convicted of committing the offense described in this

 6  paragraph:

 7         1.  To a mandatory minimum sentence of 5 years'

 8  imprisonment.

 9         2.  To a mandatory minimum sentence of 10 years'

10  imprisonment, if the pecuniary benefit, the value of the

11  services received, the payment sought to be avoided, or the

12  amount of the injury or fraud perpetrated is $100,000 or more

13  or if the person fraudulently uses the personal identification

14  information of 30 or more individuals without their consent

15  or, if deceased, the consent of their estates.

16         (3)  Neither paragraph (2)(b) nor paragraph (2)(c)

17  prevents a court from imposing a greater sentence of

18  incarceration as authorized by law. If the minimum mandatory

19  terms of imprisonment imposed under paragraph (2)(b) or

20  paragraph (2)(c) exceed the maximum sentences authorized under

21  s. 775.082, s. 775.084, or the Criminal Punishment Code under

22  chapter 921, the mandatory minimum sentence must be imposed.

23  If the mandatory minimum terms of imprisonment under paragraph

24  (2)(b) or paragraph (2)(c) are less than the sentence that

25  could be imposed under s. 775.082, s. 775.084, or the Criminal

26  Punishment Code under chapter 921, the sentence imposed by the

27  court must include the mandatory minimum term of imprisonment

28  as required by paragraph (2)(b) or paragraph (2)(c).

29         (4)  Any person who willfully and without authorization

30  possesses, uses, or attempts to use personal identification

31  information concerning an individual without first obtaining

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 1  that individual's consent, and who does so for the purpose of

 2  harassing that individual, commits the offense of harassment

 3  by use of personal identification information, which is a

 4  misdemeanor of the first degree, punishable as provided in s.

 5  775.082 or s. 775.083.

 6         (5)  If an offense prohibited under this section was

 7  facilitated or furthered by the use of a public record, as

 8  defined in s. 119.011, the offense is reclassified to the next

 9  higher degree as follows:

10         (a)  A misdemeanor of the first degree is reclassified

11  as a felony of the third degree.

12         (b)  A felony of the third degree is reclassified as a

13  felony of the second degree.

14         (c)  A felony of the second degree is reclassified as a

15  felony of the first degree.

16  

17  For purposes of sentencing under chapter 921 and incentive

18  gain-time eligibility under chapter 944, a felony offense that

19  is reclassified under this subsection is ranked one level

20  above the ranking under s. 921.0022 of the felony offense

21  committed, and a misdemeanor offense that is reclassified

22  under this subsection is ranked in level 2 of the offense

23  severity ranking chart in s. 921.0022.

24         (6)  Any person who willfully and without authorization

25  fraudulently uses personal identification information

26  concerning an individual who is less than 18 years of age

27  without first obtaining the consent of that individual or of

28  his or her legal guardian commits a felony of the second

29  degree, punishable as provided in s. 775.082, s. 775.083, or

30  s. 775.084.

31  

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 1         (7)  Any person who is in the relationship of parent or

 2  legal guardian, or who otherwise exercises custodial authority

 3  over an individual who is less than 18 years of age, who

 4  willfully and fraudulently uses personal identification

 5  information of that individual commits a felony of the second

 6  degree, punishable as provided in s. 775.082, s. 775.083, or

 7  s. 775.084.

 8         (8)  This section does not prohibit any lawfully

 9  authorized investigative, protective, or intelligence activity

10  of a law enforcement agency of this state or any of its

11  political subdivisions, of any other state or its political

12  subdivisions, or of the Federal Government or its political

13  subdivisions.

14         (9)(a)  In sentencing a defendant convicted of an

15  offense under this section, the court may order that the

16  defendant make restitution pursuant to s. 775.089 to any

17  victim of the offense.  In addition to the victim's

18  out-of-pocket costs, such restitution may include payment of

19  any other costs, including attorney's fees incurred by the

20  victim in clearing the victim's credit history or credit

21  rating, or any costs incurred in connection with any civil or

22  administrative proceeding to satisfy any debt, lien, or other

23  obligation of the victim arising as the result of the actions

24  of the defendant. For the purposes of this paragraph, the term

25  "victim" may include the estate of an individual.

26         (b)  The sentencing court may issue such orders as are

27  necessary to correct any public record that contains false

28  information given in violation of this section.

29         (10)  Prosecutions for violations of this section may

30  be brought on behalf of the state by any state attorney or by

31  the statewide prosecutor.

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 1         (11)  The Legislature finds that, in the absence of

 2  evidence to the contrary, the location where a victim gives or

 3  fails to give consent to the use of personal identification

 4  information is the county where the victim generally resides

 5  or, in a case in which the victim is the estate of a deceased

 6  individual, where the deceased individual generally resided.

 7         (12)  Notwithstanding any other provision of law, venue

 8  for the prosecution and trial of violations of this section

 9  may be commenced and maintained in any county in which an

10  element of the offense occurred, including the county where

11  the victim generally resides or, in a case in which the victim

12  is the estate of a deceased individual, where the deceased

13  individual generally resided.

14         (13)  A prosecution of an offense prohibited under

15  subsection (2), subsection (6), or subsection (7) must be

16  commenced within 3 years after the offense occurred. However,

17  a prosecution may be commenced within 1 year after discovery

18  of the offense by an aggrieved party, or by a person who has a

19  legal duty to represent the aggrieved party and who is not a

20  party to the offense, if such prosecution is commenced within

21  5 years after the violation occurred.

22         Section 15.  Effective October 1, 2004, subsections

23  (1), (3), (4), and (5) of section 849.094, Florida Statutes,

24  are amended to read:

25         849.094  Game promotion in connection with sale of

26  consumer products or services.--

27         (1)  As used in this section, the term:

28         (a)  "Game promotion" means, but is not limited to, a

29  contest, game of chance, or gift enterprise, conducted within

30  or throughout the state and other states in connection with

31  the sale of consumer products or services, and in which the

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 1  elements of chance and prize are present. However, "game

 2  promotion" shall not be construed to apply to bingo games

 3  conducted pursuant to s. 849.0931.

 4         (b)  "Operator" means any person, firm, corporation, or

 5  association on whose behalf a game promotion is conducted or

 6  agent or employee thereof who promotes, operates, or conducts

 7  a game promotion, except any charitable nonprofit

 8  organization.

 9         (3)  The operator of a game promotion in which the

10  total announced value of the prizes offered is greater than

11  $5,000 shall file with the Department of Agriculture and

12  Consumer Services a copy of the rules and regulations of the

13  game promotion and a list of all prizes and prize categories

14  offered at least 7 calendar days, excluding weekends and legal

15  holidays, before the commencement of the game promotion.  Such

16  rules and regulations may not thereafter be changed, modified,

17  or altered.  The operator of a game promotion shall

18  conspicuously post the rules and regulations of such game

19  promotion in each and every retail outlet or place where such

20  game promotion may be played or participated in by the public

21  and shall also publish the material terms of the rules and

22  regulations in all advertising copy used in connection

23  therewith.  Radio and television announcements may indicate

24  that the rules and regulations are available at retail outlets

25  or from the operator of the promotion. A nonrefundable filing

26  fee of $150 $100 shall accompany each filing and shall be used

27  to pay the costs incurred in administering and enforcing the

28  provisions of this section.

29         (4)(a)  Every operator of such a game promotion in

30  which the total announced value of the prizes offered is

31  greater than $5,000 shall establish a trust account, in a

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 1  national or state-chartered financial institution, with a

 2  balance sufficient to pay or purchase the total value of all

 3  prizes offered. On a form supplied by the Department of

 4  Agriculture and Consumer Services, an official of the

 5  financial institution holding the trust account shall set

 6  forth the dollar amount of the trust account, the identity of

 7  the entity or individual establishing the trust account, and

 8  the name of the game promotion for which the trust account has

 9  been established.  Such form shall be filed with the

10  Department of Agriculture and Consumer Services at least 7

11  calendar days, excluding weekends and legal holidays, in

12  advance of the commencement of the game promotion.  In lieu of

13  establishing such trust account, the operator may obtain a

14  surety bond in an amount equivalent to the total value of all

15  prizes offered; and such bond shall be filed with the

16  Department of Agriculture and Consumer Services at least 7

17  calendar days, excluding weekends and legal holidays, in

18  advance of the commencement of the game promotion.

19         1.  The moneys held in the trust account may be

20  withdrawn in order to pay the prizes offered only upon

21  certification to the Department of Agriculture and Consumer

22  Services of the name of the winner or winners and the amount

23  of the prize or prizes and the value thereof.

24         2.  If the operator of a game promotion has obtained a

25  surety bond in lieu of establishing a trust account, the

26  amount of the surety bond shall equal at all times the total

27  amount of the prizes offered.

28         (b)  The Department of Agriculture and Consumer

29  Services may waive the provisions of this subsection for any

30  operator who has conducted game promotions in the state for

31  not less than 5 consecutive years and who has not had any

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 1  civil, criminal, or administrative action instituted against

 2  him or her by the state or an agency of the state for

 3  violation of this section within that 5-year period. Such

 4  waiver may be revoked upon the commission of a violation of

 5  this section by such operator, as determined by the Department

 6  of Agriculture and Consumer Services.

 7         (5)  Every operator of a game promotion in which the

 8  total announced value of the prizes offered is greater than

 9  $5,000 shall provide the Department of Agriculture and

10  Consumer Services with a certified list of the names and

11  addresses of all persons, whether from this state or from

12  another state, who have won prizes which have a value of more

13  than $100 $25, the value of such prizes, and the dates when

14  the prizes were won within 60 calendar days after such winners

15  have been finally determined. If there is not a winner, the

16  operator shall provide written notice to the department within

17  60 calendar days after such determination has been made. The

18  operator shall provide a copy of the list of winners, without

19  charge, to any person who requests it.  In lieu of the

20  foregoing, the operator of a game promotion may, at his or her

21  option, publish the same information about the winners in a

22  Florida newspaper of general circulation within 60 calendar

23  days after such winners have been determined and shall provide

24  to the Department of Agriculture and Consumer Services a

25  certified copy of the publication containing the information

26  about the winners.  The operator of a game promotion is not

27  required to notify a winner by mail or by telephone when the

28  winner is already in possession of a game card from which the

29  winner can determine that he or she has won a designated

30  prize.  All winning entries shall be held by the operator for

31  

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 1  a period of 90 calendar days after the close or completion of

 2  the game.

 3         Section 16.  Effective October 1, 2004, for the purpose

 4  of incorporating the amendment made by this act to section

 5  817.568, Florida Statutes, in references thereto, paragraphs

 6  (d), (e), (h), and (i) of subsection (3) of section 921.0022,

 7  Florida Statutes, are reenacted to read:

 8         921.0022  Criminal Punishment Code; offense severity

 9  ranking chart.--

10         (3)  OFFENSE SEVERITY RANKING CHART

11  

12  Florida           Felony

13  Statute           Degree             Description

14  

15    

16                              (d)  LEVEL 4

17  316.1935(3)        2nd      Driving at high speed or with

18                              wanton disregard for safety while

19                              fleeing or attempting to elude

20                              law enforcement officer who is in

21                              a marked patrol vehicle with

22                              siren and lights activated.

23  499.0051(1)        3rd      Failure to maintain or deliver

24                              pedigree papers.

25  499.0051(2)        3rd      Failure to authenticate pedigree

26                              papers.

27  499.0051(6)        2nd      Sale or delivery, or possession

28                              with intent to sell, contraband

29                              legend drugs.

30  

31  

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 1  784.07(2)(b)       3rd      Battery of law enforcement

 2                              officer, firefighter, intake

 3                              officer, etc.

 4  784.074(1)(c)      3rd      Battery of sexually violent

 5                              predators facility staff.

 6  784.075            3rd      Battery on detention or

 7                              commitment facility staff.

 8  784.078            3rd      Battery of facility employee by

 9                              throwing, tossing, or expelling

10                              certain fluids or materials.

11  784.08(2)(c)       3rd      Battery on a person 65 years of

12                              age or older.

13  784.081(3)         3rd      Battery on specified official or

14                              employee.

15  784.082(3)         3rd      Battery by detained person on

16                              visitor or other detainee.

17  784.083(3)         3rd      Battery on code inspector.

18  784.085            3rd      Battery of child by throwing,

19                              tossing, projecting, or expelling

20                              certain fluids or materials.

21  787.03(1)          3rd      Interference with custody;

22                              wrongly takes child from

23                              appointed guardian.

24  787.04(2)          3rd      Take, entice, or remove child

25                              beyond state limits with criminal

26                              intent pending custody

27                              proceedings.

28  

29  

30  

31  

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 1  787.04(3)          3rd      Carrying child beyond state lines

 2                              with criminal intent to avoid

 3                              producing child at custody

 4                              hearing or delivering to

 5                              designated person.

 6  790.115(1)         3rd      Exhibiting firearm or weapon

 7                              within 1,000 feet of a school.

 8  790.115(2)(b)      3rd      Possessing electric weapon or

 9                              device, destructive device, or

10                              other weapon on school property.

11  790.115(2)(c)      3rd      Possessing firearm on school

12                              property.

13  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

14                              offender less than 18 years.

15  810.02(4)(a)       3rd      Burglary, or attempted burglary,

16                              of an unoccupied structure;

17                              unarmed; no assault or battery.

18  810.02(4)(b)       3rd      Burglary, or attempted burglary,

19                              of an unoccupied conveyance;

20                              unarmed; no assault or battery.

21  810.06             3rd      Burglary; possession of tools.

22  810.08(2)(c)       3rd      Trespass on property, armed with

23                              firearm or dangerous weapon.

24  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

25                              or more but less than $20,000.

26  812.014

27   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

28                              firearm, motor vehicle,

29                              livestock, etc.

30  

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 1  812.0195(2)        3rd      Dealing in stolen property by use

 2                              of the Internet; property stolen

 3                              $300 or more.

 4  817.563(1)         3rd      Sell or deliver substance other

 5                              than controlled substance agreed

 6                              upon, excluding s. 893.03(5)

 7                              drugs.

 8  817.568(2)(a)      3rd      Fraudulent use of personal

 9                              identification information.

10  817.625(2)(a)      3rd      Fraudulent use of scanning device

11                              or reencoder.

12  828.125(1)         2nd      Kill, maim, or cause great bodily

13                              harm or permanent breeding

14                              disability to any registered

15                              horse or cattle.

16  837.02(1)          3rd      Perjury in official proceedings.

17  837.021(1)         3rd      Make contradictory statements in

18                              official proceedings.

19  838.022            3rd      Official misconduct.

20  839.13(2)(a)       3rd      Falsifying records of an

21                              individual in the care and

22                              custody of a state agency.

23  839.13(2)(c)       3rd      Falsifying records of the

24                              Department of Children and Family

25                              Services.

26  843.021            3rd      Possession of a concealed

27                              handcuff key by a person in

28                              custody.

29  

30  

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 1  843.025            3rd      Deprive law enforcement,

 2                              correctional, or correctional

 3                              probation officer of means of

 4                              protection or communication.

 5  843.15(1)(a)       3rd      Failure to appear while on bail

 6                              for felony (bond estreature or

 7                              bond jumping).

 8  874.05(1)          3rd      Encouraging or recruiting another

 9                              to join a criminal street gang.

10  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

11                              893.03(1)(a), (b), or (d),

12                              (2)(a), (2)(b), or (2)(c)4.

13                              drugs).

14  914.14(2)          3rd      Witnesses accepting bribes.

15  914.22(1)          3rd      Force, threaten, etc., witness,

16                              victim, or informant.

17  914.23(2)          3rd      Retaliation against a witness,

18                              victim, or informant, no bodily

19                              injury.

20  918.12             3rd      Tampering with jurors.

21  934.215            3rd      Use of two-way communications

22                              device to facilitate commission

23                              of a crime.

24                              (e)  LEVEL 5

25  316.027(1)(a)      3rd      Accidents involving personal

26                              injuries, failure to stop;

27                              leaving scene.

28  316.1935(4)        2nd      Aggravated fleeing or eluding.

29  

30  

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 1  322.34(6)          3rd      Careless operation of motor

 2                              vehicle with suspended license,

 3                              resulting in death or serious

 4                              bodily injury.

 5  327.30(5)          3rd      Vessel accidents involving

 6                              personal injury; leaving scene.

 7  381.0041

 8   (11)(b)           3rd      Donate blood, plasma, or organs

 9                              knowing HIV positive.

10  440.10(1)(g)       2nd      Failure to obtain workers'

11                              compensation coverage.

12  440.105(5)         2nd      Unlawful solicitation for the

13                              purpose of making workers'

14                              compensation claims.

15  440.381(2)         2nd      Submission of false, misleading,

16                              or incomplete information with

17                              the purpose of avoiding or

18                              reducing workers' compensation

19                              premiums.

20  624.401(4)(b)2.    2nd      Transacting insurance without a

21                              certificate or authority; premium

22                              collected $20,000 or more but

23                              less than $100,000.

24  626.902(1)(c)      2nd      Representing an unauthorized

25                              insurer; repeat offender.

26  790.01(2)          3rd      Carrying a concealed firearm.

27  790.162            2nd      Threat to throw or discharge

28                              destructive device.

29  790.163(1)         2nd      False report of deadly explosive

30                              or weapon of mass destruction.

31  

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 1  790.221(1)         2nd      Possession of short-barreled

 2                              shotgun or machine gun.

 3  790.23             2nd      Felons in possession of firearms

 4                              or electronic weapons or devices.

 5  800.04(6)(c)       3rd      Lewd or lascivious conduct;

 6                              offender less than 18 years.

 7  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

 8                              offender 18 years or older.

 9  806.111(1)         3rd      Possess, manufacture, or dispense

10                              fire bomb with intent to damage

11                              any structure or property.

12  812.0145(2)(b)     2nd      Theft from person 65 years of age

13                              or older; $10,000 or more but

14                              less than $50,000.

15  812.015(8)         3rd      Retail theft; property stolen is

16                              valued at $300 or more and one or

17                              more specified acts.

18  812.019(1)         2nd      Stolen property; dealing in or

19                              trafficking in.

20  812.131(2)(b)      3rd      Robbery by sudden snatching.

21  812.16(2)          3rd      Owning, operating, or conducting

22                              a chop shop.

23  817.034(4)(a)2.    2nd      Communications fraud, value

24                              $20,000 to $50,000.

25  817.234(11)(b)     2nd      Insurance fraud; property value

26                              $20,000 or more but less than

27                              $100,000.

28  

29  

30  

31  

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 1  817.2341(1),

 2   (2)(a)&(3)(a)     3rd      Filing false financial

 3                              statements, making false entries

 4                              of material fact or false

 5                              statements regarding property

 6                              values relating to the solvency

 7                              of an insuring entity.

 8  817.568(2)(b)      2nd      Fraudulent use of personal

 9                              identification information; value

10                              of benefit, services received,

11                              payment avoided, or amount of

12                              injury or fraud, $5,000 or more

13                              or use of personal identification

14                              information of 10 or more

15                              individuals.

16  817.625(2)(b)      2nd      Second or subsequent fraudulent

17                              use of scanning device or

18                              reencoder.

19  825.1025(4)        3rd      Lewd or lascivious exhibition in

20                              the presence of an elderly person

21                              or disabled adult.

22  827.071(4)         2nd      Possess with intent to promote

23                              any photographic material, motion

24                              picture, etc., which includes

25                              sexual conduct by a child.

26  839.13(2)(b)       2nd      Falsifying records of an

27                              individual in the care and

28                              custody of a state agency

29                              involving great bodily harm or

30                              death.

31  

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 1  843.01             3rd      Resist officer with violence to

 2                              person; resist arrest with

 3                              violence.

 4  874.05(2)          2nd      Encouraging or recruiting another

 5                              to join a criminal street gang;

 6                              second or subsequent offense.

 7  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

 8                              cocaine (or other s.

 9                              893.03(1)(a), (1)(b), (1)(d),

10                              (2)(a), (2)(b), or (2)(c)4.

11                              drugs).

12  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

13                              cannabis (or other s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs) within 1,000

18                              feet of a child care facility,

19                              school, or state, county, or

20                              municipal park or publicly owned

21                              recreational facility or

22                              community center.

23  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

24                              cocaine (or other s.

25                              893.03(1)(a), (1)(b), (1)(d),

26                              (2)(a), (2)(b), or (2)(c)4.

27                              drugs) within 1,000 feet of

28                              university.

29  

30  

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 1  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

 2                              cannabis or other drug prohibited

 3                              under s. 893.03(1)(c), (2)(c)1.,

 4                              (2)(c)2., (2)(c)3., (2)(c)5.,

 5                              (2)(c)6., (2)(c)7., (2)(c)8.,

 6                              (2)(c)9., (3), or (4) within

 7                              1,000 feet of property used for

 8                              religious services or a specified

 9                              business site.

10  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

11                              cocaine (or other s.

12                              893.03(1)(a), (1)(b), (1)(d), or

13                              (2)(a), (2)(b), or (2)(c)4.

14                              drugs) within 1,000 feet of

15                              public housing facility.

16  893.13(4)(b)       2nd      Deliver to minor cannabis (or

17                              other s. 893.03(1)(c), (2)(c)1.,

18                              (2)(c)2., (2)(c)3., (2)(c)5.,

19                              (2)(c)6., (2)(c)7., (2)(c)8.,

20                              (2)(c)9., (3), or (4) drugs).

21                              (h)  LEVEL 8

22  316.193

23   (3)(c)3.a.        2nd      DUI manslaughter.

24  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

25  499.0051(7)        1st      Forgery of prescription or legend

26                              drug labels.

27  499.0052           1st      Trafficking in contraband legend

28                              drugs.

29  

30  

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 1  560.123(8)(b)2.    2nd      Failure to report currency or

 2                              payment instruments totaling or

 3                              exceeding $20,000, but less than

 4                              $100,000 by money transmitter.

 5  560.125(5)(b)      2nd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments totaling or

 8                              exceeding $20,000, but less than

 9                              $100,000.

10  655.50(10)(b)2.    2nd      Failure to report financial

11                              transactions totaling or

12                              exceeding $20,000, but less than

13                              $100,000 by financial

14                              institutions.

15  777.03(2)(a)       1st      Accessory after the fact, capital

16                              felony.

17  782.04(4)          2nd      Killing of human without design

18                              when engaged in act or attempt of

19                              any felony other than arson,

20                              sexual battery, robbery,

21                              burglary, kidnapping, aircraft

22                              piracy, or unlawfully discharging

23                              bomb.

24  782.051(2)         1st      Attempted felony murder while

25                              perpetrating or attempting to

26                              perpetrate a felony not

27                              enumerated in s. 782.04(3).

28  782.071(1)(b)      1st      Committing vehicular homicide and

29                              failing to render aid or give

30                              information.

31  

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 1  782.072(2)         1st      Committing vessel homicide and

 2                              failing to render aid or give

 3                              information.

 4  790.161(3)         1st      Discharging a destructive device

 5                              which results in bodily harm or

 6                              property damage.

 7  794.011(5)         2nd      Sexual battery, victim 12 years

 8                              or over, offender does not use

 9                              physical force likely to cause

10                              serious injury.

11  800.04(4)          2nd      Lewd or lascivious battery.

12  806.01(1)          1st      Maliciously damage dwelling or

13                              structure by fire or explosive,

14                              believing person in structure.

15  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

16  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

17                              or dangerous weapon.

18  810.02(2)(c)       1st      Burglary of a dwelling or

19                              structure causing structural

20                              damage or $1,000 or more property

21                              damage.

22  812.13(2)(b)       1st      Robbery with a weapon.

23  812.135(2)         1st      Home-invasion robbery.

24  817.568(6)         2nd      Fraudulent use of personal

25                              identification information of an

26                              individual under the age of 18.

27  825.102(2)         2nd      Aggravated abuse of an elderly

28                              person or disabled adult.

29  825.1025(2)        2nd      Lewd or lascivious battery upon

30                              an elderly person or disabled

31                              adult.

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 1  825.103(2)(a)      1st      Exploiting an elderly person or

 2                              disabled adult and property is

 3                              valued at $100,000 or more.

 4  837.02(2)          2nd      Perjury in official proceedings

 5                              relating to prosecution of a

 6                              capital felony.

 7  837.021(2)         2nd      Making contradictory statements

 8                              in official proceedings relating

 9                              to prosecution of a capital

10                              felony.

11  860.121(2)(c)      1st      Shooting at or throwing any

12                              object in path of railroad

13                              vehicle resulting in great bodily

14                              harm.

15  860.16             1st      Aircraft piracy.

16  893.13(1)(b)       1st      Sell or deliver in excess of 10

17                              grams of any substance specified

18                              in s. 893.03(1)(a) or (b).

19  893.13(2)(b)       1st      Purchase in excess of 10 grams of

20                              any substance specified in s.

21                              893.03(1)(a) or (b).

22  893.13(6)(c)       1st      Possess in excess of 10 grams of

23                              any substance specified in s.

24                              893.03(1)(a) or (b).

25  893.135(1)(a)2.    1st      Trafficking in cannabis, more

26                              than 2,000 lbs., less than 10,000

27                              lbs.

28  893.135

29   (1)(b)1.b.        1st      Trafficking in cocaine, more than

30                              200 grams, less than 400 grams.

31  

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 1  893.135

 2   (1)(c)1.b.        1st      Trafficking in illegal drugs,

 3                              more than 14 grams, less than 28

 4                              grams.

 5  893.135

 6   (1)(d)1.b.        1st      Trafficking in phencyclidine,

 7                              more than 200 grams, less than

 8                              400 grams.

 9  893.135

10   (1)(e)1.b.        1st      Trafficking in methaqualone, more

11                              than 5 kilograms, less than 25

12                              kilograms.

13  893.135

14   (1)(f)1.b.        1st      Trafficking in amphetamine, more

15                              than 28 grams, less than 200

16                              grams.

17  893.135

18   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

19                              grams or more, less than 28

20                              grams.

21  893.135

22   (1)(h)1.b.        1st      Trafficking in

23                              gamma-hydroxybutyric acid (GHB),

24                              5 kilograms or more, less than 10

25                              kilograms.

26  893.135

27   (1)(j)1.b.        1st      Trafficking in 1,4-Butanediol, 5

28                              kilograms or more, less than 10

29                              kilograms.

30  

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 1  893.135

 2   (1)(k)2.b.        1st      Trafficking in Phenethylamines,

 3                              200 grams or more, less than 400

 4                              grams.

 5  895.03(1)          1st      Use or invest proceeds derived

 6                              from pattern of racketeering

 7                              activity.

 8  895.03(2)          1st      Acquire or maintain through

 9                              racketeering activity any

10                              interest in or control of any

11                              enterprise or real property.

12  895.03(3)          1st      Conduct or participate in any

13                              enterprise through pattern of

14                              racketeering activity.

15  896.101(5)(b)      2nd      Money laundering, financial

16                              transactions totaling or

17                              exceeding $20,000, but less than

18                              $100,000.

19  896.104(4)(a)2.    2nd      Structuring transactions to evade

20                              reporting or registration

21                              requirements, financial

22                              transactions totaling or

23                              exceeding $20,000 but less than

24                              $100,000.

25                              (i)  LEVEL 9

26  316.193

27   (3)(c)3.b.        1st      DUI manslaughter; failing to

28                              render aid or give information.

29  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

30                              render aid or give information.

31  

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 1  499.0053           1st      Sale or purchase of contraband

 2                              legend drugs resulting in great

 3                              bodily harm.

 4  560.123(8)(b)3.    1st      Failure to report currency or

 5                              payment instruments totaling or

 6                              exceeding $100,000 by money

 7                              transmitter.

 8  560.125(5)(c)      1st      Money transmitter business by

 9                              unauthorized person, currency, or

10                              payment instruments totaling or

11                              exceeding $100,000.

12  655.50(10)(b)3.    1st      Failure to report financial

13                              transactions totaling or

14                              exceeding $100,000 by financial

15                              institution.

16  775.0844           1st      Aggravated white collar crime.

17  782.04(1)          1st      Attempt, conspire, or solicit to

18                              commit premeditated murder.

19  782.04(3)          1st,PBL   Accomplice to murder in

20                              connection with arson, sexual

21                              battery, robbery, burglary, and

22                              other specified felonies.

23  782.051(1)         1st      Attempted felony murder while

24                              perpetrating or attempting to

25                              perpetrate a felony enumerated in

26                              s. 782.04(3).

27  782.07(2)          1st      Aggravated manslaughter of an

28                              elderly person or disabled adult.

29  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

30                              reward or as a shield or hostage.

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 1  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

 2                              or facilitate commission of any

 3                              felony.

 4  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

 5                              interfere with performance of any

 6                              governmental or political

 7                              function.

 8  787.02(3)(a)       1st      False imprisonment; child under

 9                              age 13; perpetrator also commits

10                              aggravated child abuse, sexual

11                              battery, or lewd or lascivious

12                              battery, molestation, conduct, or

13                              exhibition.

14  790.161            1st      Attempted capital destructive

15                              device offense.

16  790.166(2)         1st,PBL  Possessing, selling, using, or

17                              attempting to use a weapon of

18                              mass destruction.

19  794.011(2)         1st      Attempted sexual battery; victim

20                              less than 12 years of age.

21  794.011(2)         Life     Sexual battery; offender younger

22                              than 18 years and commits sexual

23                              battery on a person less than 12

24                              years.

25  794.011(4)         1st      Sexual battery; victim 12 years

26                              or older, certain circumstances.

27  794.011(8)(b)      1st      Sexual battery; engage in sexual

28                              conduct with minor 12 to 18 years

29                              by person in familial or

30                              custodial authority.

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 1  800.04(5)(b)       1st      Lewd or lascivious molestation;

 2                              victim less than 12 years;

 3                              offender 18 years or older.

 4  812.13(2)(a)       1st,PBL  Robbery with firearm or other

 5                              deadly weapon.

 6  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

 7                              deadly weapon.

 8  817.568(7)         2nd,PBL  Fraudulent use of personal

 9                              identification information of an

10                              individual under the age of 18 by

11                              his or her parent, legal

12                              guardian, or person exercising

13                              custodial authority.

14  827.03(2)          1st      Aggravated child abuse.

15  847.0145(1)        1st      Selling, or otherwise

16                              transferring custody or control,

17                              of a minor.

18  847.0145(2)        1st      Purchasing, or otherwise

19                              obtaining custody or control, of

20                              a minor.

21  859.01             1st      Poisoning or introducing

22                              bacteria, radioactive materials,

23                              viruses, or chemical compounds

24                              into food, drink, medicine, or

25                              water with intent to kill or

26                              injure another person.

27  893.135            1st      Attempted capital trafficking

28                              offense.

29  893.135(1)(a)3.    1st      Trafficking in cannabis, more

30                              than 10,000 lbs.

31  

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 1  893.135

 2   (1)(b)1.c.        1st      Trafficking in cocaine, more than

 3                              400 grams, less than 150

 4                              kilograms.

 5  893.135

 6   (1)(c)1.c.        1st      Trafficking in illegal drugs,

 7                              more than 28 grams, less than 30

 8                              kilograms.

 9  893.135

10   (1)(d)1.c.        1st      Trafficking in phencyclidine,

11                              more than 400 grams.

12  893.135

13   (1)(e)1.c.        1st      Trafficking in methaqualone, more

14                              than 25 kilograms.

15  893.135

16   (1)(f)1.c.        1st      Trafficking in amphetamine, more

17                              than 200 grams.

18  893.135

19   (1)(h)1.c.        1st      Trafficking in

20                              gamma-hydroxybutyric acid (GHB),

21                              10 kilograms or more.

22  893.135

23   (1)(j)1.c.        1st      Trafficking in 1,4-Butanediol, 10

24                              kilograms or more.

25  893.135

26   (1)(k)2.c.        1st      Trafficking in Phenethylamines,

27                              400 grams or more.

28  896.101(5)(c)      1st      Money laundering, financial

29                              instruments totaling or exceeding

30                              $100,000.

31  

                                  67

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    Florida Senate - 2004                    CS for CS for SB 1314
    303-2565-04




 1  896.104(4)(a)3.    1st      Structuring transactions to evade

 2                              reporting or registration

 3                              requirements, financial

 4                              transactions totaling or

 5                              exceeding $100,000.

 6         Section 17.  Health-related discount cards; regulation

 7  of sellers; penalty.--

 8         (1)  A person may not sell, market, promote, advertise,

 9  or distribute a card or other purchasing mechanism or device

10  that is not insurance and that purports to offer discounts or

11  access to discounts from a health care provider for

12  health-related purchases or from a pharmacy for purchases of

13  prescription drugs, unless:

14         (a)  The person registers annually with the Department

15  of Financial Services for this express purpose;

16         (b)  The card or other purchasing mechanism or device

17  expressly states in bold and prominent type, prominently

18  placed, that the discounts are not insurance;

19         (c)  The person provides documentation to the

20  Department of Financial Services that the discounts are

21  specifically authorized and the person has a separate contract

22  with each health care provider, health provider network,

23  pharmacy, or pharmacy chain listed in conjunction with the

24  card or other purchasing mechanism or device; and

25         (d)  The discounts or access to discounts offered, or

26  the range of discounts or access to the range of discounts

27  offered, are not misleading, deceptive, or fraudulent.

28  

29  The registration fee under paragraph (a) is $50 per year per

30  registrant. All amounts collected shall be deposited in the

31  General Revenue Fund.

                                  68

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    Florida Senate - 2004                    CS for CS for SB 1314
    303-2565-04




 1         (2)(a)  A person who sells, markets, promotes,

 2  advertises, or distributes a card or other purchasing

 3  mechanism or device that is not insurance and that purports to

 4  offer discounts or access to discounts from a health care

 5  provider for health-related purchases or from a pharmacy for

 6  purchases of prescription drugs in this state must designate a

 7  resident of this state as an agent for service of process and

 8  register the agent with the Secretary of State.

 9         (b)  In the absence of proper registration under

10  paragraph (a), the Secretary of State is designated as an

11  agent upon whom process may be served. Service of process on

12  the Secretary of State may be made by delivering to and

13  leaving with the Secretary of State, or with any person

14  designated by him or her to receive such service, duplicate

15  copies of the process, notice, or demand. The Secretary of

16  State shall forward one of the copies by registered or

17  certified mail, return receipt requested, to the person

18  required to register under paragraph (a) at the last physical

19  address known to the party serving process. Refusal to sign

20  the return receipt does not affect the validity of the

21  service. Service is effective under this subsection as of the

22  date shown on the return receipt or 5 days after its deposit

23  in the mail, whichever is earlier. The Secretary of State may

24  charge a fee of $10 for the service. This subsection does not

25  affect the right to serve process in any manner otherwise

26  provided by law.

27         (3)  Except as provided in subsection (4), a person who

28  violates this section commits a misdemeanor of the first

29  degree, punishable as provided in section 775.082 or section

30  775.083, Florida Statutes.

31  

                                  69

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    Florida Senate - 2004                    CS for CS for SB 1314
    303-2565-04




 1         (4)  A person who violates this section and who has

 2  been previously convicted of or adjudicated delinquent for any

 3  violation of this section two or more times commits a felony

 4  of the third degree, punishable as provided in section

 5  775.082, section 775.083, or section 775.084, Florida

 6  Statutes.

 7         (5)  Notwithstanding subsection (3) or subsection (4),

 8  a person who violates this section is subject to all remedies

 9  available by law.

10         (6)  The Department of Financial Services may adopt

11  rules to administer this section, including rules governing

12  the procedures and forms to register with the department and

13  provide the documentation required under subsection (1).

14         (7)  This section is effective October 1, 2004.

15         Section 18.  For the 2004-2005 fiscal year, the sum of

16  $100,000 is appropriated from the General Inspection Trust

17  Fund to the Department of Agriculture and Consumer Services

18  for the purpose of providing financial assistance for

19  individuals to undertake technical training or courses of

20  study in motor vehicle repair as provided in section 559.922,

21  Florida Statutes.

22         Section 19.  For the 2004-2005 fiscal year, the sum of

23  $100,000 is appropriated from the General Revenue Fund to the

24  Department of Agriculture and Consumer Services to implement

25  the consumer education pilot program, as created by this act.

26         Section 20.  (1)  For fiscal year 2004-2005, the sum of

27  $255,391 from the General Revenue Fund and seven

28  full-time-equivalent positions are appropriated to the

29  Department of Agriculture and Consumer Services for the

30  purpose of mediating complaints in nonregulated areas under

31  section 570.544, Florida Statutes.

                                  70

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    Florida Senate - 2004                    CS for CS for SB 1314
    303-2565-04




 1         (2)  For the 2004-2005 fiscal year, the sum of $100,000

 2  is appropriated from the General Revenue Fund to the

 3  Department of Agriculture and Consumer Services to market to

 4  the public the services provided by the department's Division

 5  of Consumer Services under section 570.544, Florida Statutes,

 6  including, but not limited to, the division's mediation of

 7  complaints in nonregulated areas.

 8         Section 21.  Except as otherwise expressly provided in

 9  this act, this act shall take effect July 1, 2004.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                       CS/Senate Bill 1314

13                                 

14  CS for CS for SB 1314 is different from CS for SB 1314 in that
    it revises a requirement that game rules and regulations be
15  published in all advertising copy associated with a game
    promotion to instead require publication of the material terms
16  of such rules and regulations in all advertising copy.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  71

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