August 12, 2020
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CS/HB 301

1
A bill to be entitled
2An act relating to locksmith services; creating part XII
3of ch. 559, F.S.; providing a short title; providing
4findings and purpose; providing definitions; providing
5exemptions from the application of the part; requiring the
6licensure of locksmith services businesses and locksmith
7referral services by the Department of Agriculture and
8Consumer Services; specifying licensure and application
9requirements; requiring license fees; authorizing the
10waiver or reduction of fees under certain circumstances;
11providing for expiration of licenses; requiring
12fingerprinting and background screening for criminal
13records checks of the owner and certain other persons
14affiliated with a locksmith services business; specifying
15background screening requirements; disqualifying certain
16persons from performing locksmith services based upon
17background screening; requiring the Department of Law
18Enforcement to retain the fingerprints and search arrest
19records against the fingerprints; requiring fees for
20background screening; requiring the Department of Law
21Enforcement to provide certain records to the Department
22of Agriculture and Consumer Services upon request;
23authorizing licensure by endorsement under certain
24circumstances; providing license renewal requirements and
25procedures; providing for the denial, suspension,
26revocation, or refusal to renew a license under certain
27circumstances; requiring a locksmith services business to
28maintain liability insurance; prohibiting the performance
29of locksmith services except by certain persons;
30authorizing locksmiths, automotive-only locksmiths, and
31apprentice locksmiths to perform locksmith services under
32certain circumstances; establishing qualifications and
33training requirements for locksmiths, automotive-only
34locksmiths, and apprentice locksmiths; requiring locksmith
35services businesses to keep certain records and issue
36photo identification cards to locksmiths, automotive-only
37locksmiths, and locksmith apprentices; requiring display
38of photo identification cards and licenses; requiring a
39locksmith services business to display its license,
40license number, and other information in all advertising;
41requiring a locksmith services business to accept certain
42methods of payment and keep certain business records;
43authorizing the review of records by the department;
44specifying certain prohibited acts relating to the
45operation of a locksmith services business; providing
46civil penalties and remedies; providing administrative
47remedies and penalties; providing that a violation of the
48act is a deceptive and unfair trade practice; providing
49criminal penalties; requiring the department to adopt
50rules; providing for the deposit and use of certain funds;
51preempting to the state the regulation of locksmith
52services, locksmiths, and locksmith services businesses;
53prohibiting the issuance or renewal of local business tax
54receipts to locksmith services businesses except under
55certain circumstances; creating the Florida Locksmith
56Services Advisory Council within the department; providing
57membership and terms; providing operating procedures and
58duties; requiring the department to provide administrative
59and staff support; providing an effective date.
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Part XII of chapter 559, Florida Statutes,
64consisting of sections 559.941, 559.942, 559.943, 559.944,
65559.945, 559.946, 559.947, 559.948, 559.949, 559.95, 559.951,
66559.952, 559.953, 559.954, 559.955, 559.956, 559.957, 559.958,
67559.959, 559.96, and 559.961, is created to read:
68
PART XII
69
LOCKSMITH SERVICES
70     559.941  Short title.-This part may be cited as the
71"Florida Locksmith Services Act."
72     559.942  Findings and purpose.-The Legislature finds that:
73     (1)  Locksmiths operate in the public trust to service,
74secure, and protect persons and property.
75     (2)  Locksmiths must be trained in regulations and laws
76applicable to their profession, including, but not limited to,
77the federal Americans with Disabilities Act, the Florida
78Building Code, the Florida Fire Prevention Code, and the Life
79Safety Code, and must be trained in the proper installation and
80maintenance of security devices, motor vehicle locks, keys, and
81built-in security systems.
82     (3)  The purpose of this part is to provide for the
83licensing and regulation of locksmith services businesses in
84this state which are necessary to protect the public from the
85misuse of locksmithing knowledge, supplies, manuals, and
86equipment that threaten public safety and security.
87     559.943  Definitions.-As used in this part, the term:
88     (1)  "Advertise" means to advise, announce, give notice of,
89publish, or call attention to by use of oral, written, or
90graphic statement made in a newspaper or other publication or on
91radio or television; made in any other electronic medium;
92contained in any notice, handbill, sign, including signage on
93any vehicle, flyer, catalog, or letter; or printed on or
94contained in any tag or label attached to or accompanying any
95good.
96     (2)  "Apprentice locksmith" means a natural person who
97performs locksmith services on behalf of a locksmith services
98business under the direct and continuous supervision of a
99locksmith.
100     (3)  "Automotive-only locksmith" means a locksmith who
101performs only those locksmith services relating to motor
102vehicles as described in paragraphs (11)(e)-(g) on behalf of a
103locksmith services business.
104     (4)  "Business location" means a physical location where a
105licensee operates a locksmith services business or, if the
106licensee is a mobile locksmith services business, the physical
107location where the licensee's records are kept.
108     (5)  "Department" means the Department of Agriculture and
109Consumer Services.
110     (6)  "Key duplication machine" means a device capable of
111copying or reproducing keys.
112     (7)  "Licensee" means a locksmith services business
113licensed under this part.
114     (8)  "Lock" means a mechanical, electromechanical,
115electronic, or electromagnetic device or system, including, but
116not limited to, any peripheral hardware such as, a closed-
117circuit television system, wireless or infrared transmitter,
118card reader, keypad, or biometric scanner, that is designed to
119control access to and egress from a door, gate, safe, vault,
120safe-deposit box, motor vehicle, or other enclosure or that is
121designed to control the use of such an enclosure.
122     (9)  "Locksmith" means a natural person who performs any
123locksmith services on behalf of a locksmith services business.
124The term includes an automotive-only locksmith but does not
125include a person whose activities are limited to making
126duplicate keys.
127     (10)  "Locksmith referral service" means the advertisement
128of locksmith services in this state by a person who does not
129perform the locksmith services but who subcontracts with, or
130refers the customer to, another locksmith services business for
131the performance of the locksmith services.
132     (11)  "Locksmith services" means:
133     (a)  Selling, installing, servicing, repairing, repinning,
134recombinating, and adjusting locks, safes, vaults, or safe-
135deposit boxes.
136     (b)  Originating, duplicating, and copying keys.
137     (c)  Opening, bypassing, and neutralizing locks, safes,
138vaults, or safe-deposit boxes.
139     (d)  Creating, documenting, selling, installing, managing,
140and servicing master key systems.
141     (e)  Unlocking, bypassing, or neutralizing motor vehicle
142locks by means other than intended by the manufacturer.
143     (f)  Originating keys for motor vehicles that includes, if
144necessary, the programming, reprogramming, or bypassing of any
145security, transponder, or immobilizer systems or subsequent
146technology built in by the manufacturer.
147     (g)  Keying, rekeying, or recombinating motor vehicle
148locks.
149
150The term does not include contracting as defined in s. 489.505
151for which a registration or certification is required under part
152II of chapter 489.
153     (12)  "Locksmith services business" means a person who
154performs or offers to perform locksmith services for
155compensation, advertises or represents himself or herself as a
156locksmith services business, or operates a locksmith referral
157service in this state.
158     (13)  "Master key system" means a system of locks in which
159a lock is keyed so that it can be operated by its own individual
160key as well as by a key that operates other locks in the system
161that are also keyed to their own individual keys.
162     (14)  "Mobile locksmith services business" means a
163locksmith services business that operates exclusively from one
164or more vehicles and not from a specific physical location.
165     (15)  "Motor vehicle" has the same meaning as in s.
166559.903(5).
167     559.944  Application of part; exemptions.-This part does
168not apply to:
169     (1)  A law enforcement officer, firefighter or voluntary
170firefighter, emergency medical technician or paramedic, or other
171government employee or agent who, in his or her official line of
172duty, performs locksmith services in an emergency situation in
173which the life of a person, livestock, or an animal generally
174regarded as a pet is endangered.
175     (2)  A sales representative who provides a bona fide sales
176demonstration of products to locksmiths.
177     (3)  An in-store employee of a hardware store, do-it-
178yourself home products store, or other retail store who rekeys
179locks being purchased in the store.
180     (4)  An electrical or alarm system contractor registered or
181certified under chapter 489 who is acting within the scope of
182his or her practice.
183     (5)  A person who lawfully acquires and uses a key
184duplication machine or key blanks to duplicate keys.
185     (6)  A property owner or agent of a property owner who
186maintains a file of key cutting data for a master key system on
187the property.
188     (7)  An employee of a financial institution as defined in
189s. 655.005 who provides safe, safe-deposit box, or vault
190services at the financial institution.
191     (8)  A motor vehicle dealer as defined in s. 320.27, a
192motor vehicle repair shop as defined in s. 559.903, or a lock
193manufacturer or agent of a lock manufacturer who services,
194installs, repairs, or rebuilds motor vehicle locks or originates
195and duplicates motor vehicle keys.
196     (9)  Building trades personnel who:
197     (a)  Install locks or locking devices on a construction
198project that requires a building permit; or
199     (b)  Install locks or locking devices for home repair or
200improvement, if the locks are designed for installation by the
201customer and such home repair or improvement is part of a larger
202repair or replacement project.
203     (10)  A wrecker operator as defined in s. 1.01(15) who
204possesses or uses the car-opening tools which are necessary to
205unlock vehicles, if the wrecker operator does not advertise
206locksmith services or otherwise advertise himself or herself as
207a locksmith.
208     (11)  An automobile club as defined in s. 627.8405(1) when
209towing a motor vehicle for a club member or assisting a club
210member to enter a locked motor vehicle.
211     (12)  A hardware store, do-it-yourself home product store,
212or other retail store that sells locks and safes which are
213designed for use and installation by the customer without
214professional assistance.
215     559.945  Locksmith services business; licensure.-
216     (1)  A person may not perform or offer to perform locksmith
217services for compensation, advertise or represent himself or
218herself as a locksmith services business, or operate a locksmith
219referral service in this state unless the person is licensed
220under this part. However, a locksmith or apprentice locksmith
221performing locksmith services on behalf of a licensee is not
222required to obtain a separate license. An application for
223licensure must be submitted to the department in the format
224prescribed by the department and must include, at a minimum, the
225following:
226     (a)  The full legal name and mailing address of the
227applicant.
228     (b)  Each name under which the applicant does business in
229this state and, if the applicant is doing business under a
230fictitious name, the date on which the applicant registered the
231fictitious name with the Department of State.
232     (c)  The mailing address, street address, and telephone
233number of the applicant's principal business location and, if
234the applicant performs locksmith services or operates a
235locksmith referral service at more than one business location,
236the mailing address, street address, and telephone number of
237each additional business location.
238     (d)  If the applicant is not a natural person, a statement
239of:
240     1.  The applicant's type of business entity, such as a
241corporation, partnership, or other limited liability
242corporation.
243     2.  The applicant's federal employer identification number.
244     3.  Whether the applicant is a foreign or domestic business
245entity, the state and date of incorporation, the charter number,
246and the date that the applicant first registered with the
247Department of State to do business in the state.
248     (e)  Each corporate, fictitious, or other business or trade
249name under which any owner of the locksmith services business
250operated, was known, or did business as a locksmith services
251business within 5 years before the date of the application.
252     (f)  The full name, address, and telephone number of:
253     1.  Each locksmith, automotive-only locksmith, and
254apprentice locksmith who performs locksmith services on behalf
255of the applicant.
256     2.  Each officer and director of the corporation, their
257official positions, and corporate offices, if the applicant is a
258corporation.
259     3.  Each general partner, if the applicant is a
260partnership.
261     4.  Each managing member, if the applicant is a limited
262liability corporation.
263     5.  The owner of the applicant, if the applicant is a
264proprietorship.
265     6.  The applicant's registered agent for service of process
266in this state.
267     (g)  The number of locksmiths that the applicant currently
268employs or intends to employ.
269     (2)  Each application must be accompanied by:
270     (a)  Payment of a nonrefundable biennial license fee,
271calculated as follows:
272     1.  If the applicant employs one to five locksmiths, an
273amount not to exceed $800.
274     2.  If the applicant employs six or more locksmiths, an
275amount not to exceed $1,600.
276     3.  If the applicant operates a locksmith referral service
277but does not employ any locksmiths, an amount not to exceed
278$800.
279
280If the department determines that the biennial license fees
281established under this subsection for an initial or renewal
282application impose a significant financial hardship upon the
283applicant, the department may waive or reduce the fees to the
284amount necessary to alleviate the hardship.
285     (b)  Proof of liability insurance coverage as required in
286s. 559.95.
287     (c)  For each person listed in paragraph (1)(f), a set of
288fingerprints submitted in the manner prescribed by the
289department, an affidavit of the person's criminal history, if
290any, and payment of any fees or costs required under s. 559.946
291for background screening.
292     (3)(a)  The department shall issue a license to each
293applicant in the format prescribed by the department in
294accordance with s. 120.60. The license must show at least the
295name, the street address of each business location listed in the
296application pursuant to paragraph (1)(c), and the license number
297of the locksmith services business. If the applicant is a mobile
298locksmith services business, the license must show the residence
299address of the owner, if different than the street address of
300the business location where the applicant's records are kept.
301     (b)  A license issued under this part may not be
302transferred or assigned and is valid only for the licensee and
303the business locations for which it is issued.
304     (c)  A locksmith services business license is valid for 2
305years from the date of issuance. To provide for the biennial
306renewal of licenses under s. 559.948, the department may adopt
307rules to stagger the license expiration dates over a 2-year
308period.
309     (4)(a)  A licensee must notify the department in writing at
310least 30 days before changing a locksmith services business
311location. The department shall issue to the licensee an amended
312license that shows the new business location.
313     (b)  Within 10 days after a person listed in paragraph
314(1)(f) begins his or her duties with a licensee, the licensee
315must submit a set of the person's fingerprints in the manner
316prescribed by the department, an affidavit of the person's
317criminal history, if any, and payment of any fees or costs
318required under s. 559.946 for background screening.
319     559.946  Locksmith services businesses; fingerprinting and
320background screening; disqualification.-
321     (1)(a)  Each person listed in s. 559.945(1)(f) must be
322fingerprinted and undergo background screening for criminal
323justice information as defined in s. 943.045. The department
324shall submit each set of fingerprints to the Department of Law
325Enforcement for statewide criminal records checks, and the
326Department of Law Enforcement shall forward the fingerprints to
327the Federal Bureau of Investigation for federal criminal records
328checks. The cost of the fingerprint processing and criminal
329records checks shall be borne by the locksmith services business
330or the person required to be fingerprinted and shall be paid to
331the department. The Department of Law Enforcement shall submit a
332monthly invoice to the department for the fingerprint processing
333and criminal records checks performed during the month, and the
334department shall pay the invoice from the fees collected. The
335results of the criminal records checks shall be returned to the
336department, and the department shall screen the results to
337determine whether the person is disqualified under subsection
338(2).
339     (b)  If a legible set of fingerprints, as determined by the
340Department of Law Enforcement or the Federal Bureau of
341Investigation, cannot be obtained after two attempts, the
342department shall determine whether the person is disqualified
343based upon criminal records checks under the person's name
344conducted by the Department of Law Enforcement and the Federal
345Bureau of Investigation.
346     (2)(a)  A person required to undergo background screening
347pursuant to this section must not have been convicted or
348incarcerated as a result of having been convicted of a crime
349involving trespass, burglary, theft, larceny, dealing in stolen
350property, receiving stolen property, embezzlement, obtaining
351property by false pretenses, possession of altered property, or
352any other fraudulent or dishonest dealing within the previous 10
353years.
354     (b)  The department may grant a person disqualified under
355paragraph (a) an exemption from disqualification for:
356     1.  Any felony committed more than 3 years before the date
357of disqualification.
358     2.  Any misdemeanor.
359     3.  Any misdemeanor or noncriminal offense that was a
360felony when it was committed.
361     (c)  In order for the department to grant an exemption, the
362disqualified person must demonstrate by clear and convincing
363evidence that he or she should not be disqualified. A
364disqualified person seeking an exemption has the burden of
365setting forth sufficient evidence of rehabilitation, including,
366but not limited to, the circumstances surrounding the criminal
367incident for which an exemption is sought, the time period that
368has elapsed since the incident, the nature of the harm caused to
369the victim, and the history of the disqualified person since the
370incident, or any other evidence or circumstances indicating that
371the disqualified person will not present a danger to the public
372if an exemption is granted.
373     (3)(a)  All fingerprints submitted to the Department of Law
374Enforcement as required by this section shall be retained by the
375Department of Law Enforcement in a manner provided by rule and
376entered in the statewide automated fingerprint identification
377system authorized by s. 943.05(2)(b). The fingerprints shall
378thereafter be available for all purposes and uses authorized for
379arrest fingerprints entered in the statewide automated
380fingerprint identification system pursuant to s. 943.051.
381     (b)  The Department of Law Enforcement shall search all
382arrest fingerprints received under s. 943.051 against the
383fingerprints retained in the statewide automated fingerprint
384identification system under paragraph (a). Any arrest record
385that is identified with the retained fingerprints of a person
386subject to background screening under this section shall be
387reported to the department. Each locksmith services business
388must participate in the search process by notifying the
389department of any change in a person's status as a person listed
390s. 559.945(1)(f) if, as a result of the change, the person's
391fingerprints are no longer required to be retained under
392paragraph (a).
393     (c)  Each licensee shall pay to the department a fee for
394the cost of retaining the fingerprints and performing the
395ongoing searches of arrest records under paragraph (b). The
396Department of Law Enforcement shall submit an invoice to the
397department for the fingerprints retained and searches performed,
398and the department shall pay the invoice from the fees
399collected. The Department of Law Enforcement shall adopt rules
400establishing the amount of the fee and procedures for retaining
401the fingerprints, performing the searches, and disseminating the
402search results. The department shall notify the Department of
403Law Enforcement of any change in a person's status as a person
404listed s. 559.945(1)(f) if, as a result of the change, the
405person's fingerprints are no longer required to be retained
406under paragraph (a).
407     (4)  Before expiration of the time limit in s. 120.60 for
408approving an application, if the department does not receive
409criminal justice information for any person listed in s.
410559.945(1)(f), or receives criminal justice information that
411includes a crime that may disqualify the person but does not
412include a final disposition of the crime, the time limit in s.
413120.60 for approving the application is extended until the
414department receives final disposition of the crime or proof of
415restoration of civil rights.
416     (5)  The Department of Law Enforcement shall provide the
417department, upon request, with any criminal justice information
418in its possession of a person who is:
419     (a)  A licensee or applicant for a license under this part;
420or
421     (b)  Employed by a licensee or applicant for a license
422under this part.
423     559.947  Licensure by endorsement.-
424     (1)  A person may be licensed as a locksmith services
425business in this state upon applying to the department,
426remitting the nonrefundable biennial license fee calculated as
427required in s. 559.945(2)(a), and demonstrating to the
428department that the applicant:
429     (a)  Meets the qualifications for licensure in s. 559.945;
430or
431     (b)  Holds a valid locksmith services business license, or
432the equivalent thereof, issued by another state, territory, or
433possession of the United States, the District of Columbia, or
434the Commonwealth of Puerto Rico with which the department has
435established reciprocity.
436     (2)  The department may establish reciprocity with other
437states, territories, or possessions of the United States, the
438District of Columbia, or the Commonwealth of Puerto Rico and may
439adopt criteria for establishing reciprocity, subject to the
440following:
441     (a)  The licensing requirements of the other state,
442territory, or possession must substantially meet or exceed the
443requirements of s. 559.945.
444     (b)  The other state, territory, or possession must issue a
445license, or the equivalent thereof, to a locksmith services
446business that is licensed in this state and seeks to do business
447in the other state, territory, or possession.
448     559.948  License renewal.-Each locksmith services business
449license must be renewed biennially on or before the license's
450expiration date. To apply for renewal of a license, the licensee
451must submit each of the following to the department:
452     (1)  A renewal application in the format prescribed by the
453department that includes the information required for initial
454licensure in s. 559.945(1).
455     (2)  Payment of the nonrefundable biennial license fee,
456calculated as required in s. 559.945(2)(a).
457     (3)  Proof of liability insurance coverage as required in
458s. 559.95.
459     (4)  For each person listed in s. 559.945(1)(f), an updated
460affidavit of the person's criminal history, if any.
461     (5)  For each person listed in s. 559.945(1)(f) who has not
462undergone background screening, a set of fingerprints submitted
463in the manner prescribed by the department, an affidavit of the
464person's criminal history, if any, and payment of any fees or
465costs required under s. 559.946.
466     559.949  Denial, suspension, revocation, or refusal to
467renew license.-The department may deny, suspend, revoke, or
468refuse to renew the license of a locksmith services business
469based upon a determination that the locksmith services business
470or any person listed in s. 559.945(1)(f):
471     (1)  Failed to meet the requirements for licensure as
472provided in this part;
473     (2)  Is disqualified based upon background screening
474pursuant to s. 559.946(2);
475     (3)  Failed to satisfy a civil penalty, administrative
476fine, or other penalty arising out of an administrative or
477enforcement action brought by any governmental agency;
478     (4)  Received any civil, criminal, or administrative
479adjudication in any jurisdiction; or
480     (5)  Has had a judgment entered against the business or
481person in any action brought under the Florida Deceptive and
482Unfair Trade Practices Act in part II of chapter 501.
483     559.95  Liability insurance.-
484     (1)  A locksmith services business must maintain current
485and valid liability insurance coverage of at least $100,000 per
486incident for loss or damages resulting from the negligence of
487the locksmith services business or any of its locksmiths,
488apprentice locksmiths, employees, or agents.
489     (2)  The insurance coverage must be issued by an insurance
490company or carrier licensed to transact business in this state
491under the Florida Insurance Code. The department shall require a
492locksmith services business to present a policy or certificate
493of insurance of the required coverage before issuance or renewal
494of a license. The department shall be named as a
495certificateholder in the policy or certificate and must be
496notified at least 30 days before any changes in insurance
497coverage.
498     (3)  If a locksmith services business does not maintain the
499required insurance coverage, the department may immediately
500suspend the business's license or eligibility for licensure and
501the business shall immediately cease operating as a locksmith
502services business. In addition, notwithstanding the availability
503of administrative relief under chapter 120, the department may
504seek an immediate injunction in the circuit court of the county
505in which the business is located that prohibits the locksmith
506services business from operating until the business complies
507with this section and imposes a civil penalty not to exceed
508$10,000 and reasonable court costs.
509     559.951  Locksmiths; apprentice locksmiths; photo
510identification cards; display of license and license number.-
511     (1)  A person may not perform locksmith services on behalf
512of a locksmith services business unless the person is the
513licensee or one of the following:
514     (a)  Locksmith.-Except as provided in paragraph (b) for an
515automotive-only locksmith, a locksmith must be 18 years of age
516or older and complete 16 hours of training, including training
517in industry ethics, the federal Americans with Disabilities Act,
518the Florida Building Code, the Florida Fire Prevention Code, and
519the Life Safety Code.
520     (b)  Automotive-only locksmith.-An automotive-only
521locksmith must be 18 years of age or older and complete a
522training course in industry ethics.
523     (c)  Apprentice locksmith.-An apprentice locksmith must be
52415 years of age or older and complete a minimum of 16 hours of
525training, including training in industry ethics, the federal
526Americans with Disabilities Act, the Florida Building Code, the
527Florida Fire Prevention Code, and the Life Safety Code. An
528apprentice locksmith may perform locksmith services only under
529the direct and continuous supervision of a locksmith or
530automotive-only locksmith. An apprentice locksmith may not
531perform or contract to perform locksmith services without the
532express approval of his or her supervising locksmith. The
533supervising locksmith is responsible for any violation of this
534part committed by the apprentice locksmith.
535     (2)(a)  Except as provided in paragraph (b) for an
536automotive-only locksmith, every 2 years, a locksmith must
537complete at least 16 hours of training, including training on
538the federal Americans with Disabilities Act, the Florida
539Building Code, the Florida Fire Prevention Code, and the Life
540Safety Code.
541     (b)  Every 2 years, an automotive-only locksmith must
542complete at least 8 hours of industry-related training. The
543training must include, but is not limited to, training in
544industry ethics.
545     (3)  Each locksmith services business must maintain a
546personnel record of each locksmith, automotive-only locksmith,
547and apprentice locksmith who performs locksmith services on
548behalf of the licensee. The personnel record must include:
549     (a)  Two copies of a photograph taken of the locksmith,
550automotive-only locksmith, or apprentice locksmith within 10
551days after the date that he or she begins to perform locksmith
552services on behalf of the licensee. One copy shall be used for
553the locksmith's or apprentice's photo identification card. The
554second copy shall be retained in his or her personnel record.
555Both copies of the photograph shall be replaced with a current
556photograph at least once every 2 calendar years.
557     (b)  An affidavit of the locksmith's, automotive-only
558locksmith's, or apprentice locksmith's criminal history, if any,
559and the results of the background screening conducted pursuant
560to s. 559.946.
561     (c)  Documentation provided by the locksmith services
562business that demonstrates completion of the training required
563in subsections (1) and (2).
564     (4)  Each locksmith services business shall issue a photo
565identification card to each locksmith, automotive-only
566locksmith, and apprentice locksmith performing locksmith
567services on behalf of the licensee. A photo identification card
568must contain the name and photograph of the locksmith or
569apprentice, the name of the locksmith services business, and the
570license number. The photo identification card must also include:
571     (a)  For a locksmith, the word "Locksmith."
572     (b)  For an automotive-only locksmith, the phrase
573"Automotive-Only Locksmith."
574     (c)  For an apprentice locksmith, the word "Apprentice."
575
576Each locksmith, automotive-only locksmith, and apprentice
577locksmith must display the photo identification card on his or
578her person at all times while performing locksmith services.
579     (5)  A locksmith services business must display a copy of
580its locksmith services business license at each business
581location in a manner easily readable by the general public. A
582mobile locksmith services business shall keep a copy of the
583license in each service vehicle for immediate presentation to
584any law enforcement officer, state or local official, or member
585of the general public upon request.
586     (6)  Each advertisement or other form of advertising, each
587service vehicle, and each work order, invoice, sales receipt, or
588other business form of a licensee must include the license
589number and name of the locksmith services business as they
590appear on the license issued by the department.
591     559.952  Acceptable forms of payment; locksmith services
592business records.-
593     (1)  A locksmith services business shall accept at least
594two of the following methods of payment:
595     (a)  Cash, cashier's check, money order, or traveler's
596check;
597     (b)  Valid personal check, showing upon its face the name
598and address of the person or an authorized representative for
599whom the locksmith services were performed; or
600     (c)  Valid credit card, which includes, but is not limited
601to, Visa or MasterCard.
602     (2)  A locksmith services business shall clearly and
603conspicuously disclose to the person requesting locksmith
604services in a work order, invoice, or sales receipt the methods
605of payment that the locksmith services business accepts.
606     (3)(a)  A locksmith services business must retain a copy of
607each work order, invoice, and sales receipt for at least 2
608years.
609     (b)  Each work order, invoice, and sales receipt must
610include the name of the person performing the service.
611     (c)  A copy of each work order, invoice, and sales receipt
612must be readily available for inspection at any time during
613normal business hours by the department.
614     559.953  Prohibited acts.-
615     (1)  A person may not:
616     (a)  Perform or offer to perform locksmith services without
617having or acting under a valid license issued by the department
618under this part.
619     (b)  Advertise or represent himself or herself as a
620locksmith services business without having a valid license
621issued by the department under this part.
622     (c)  Operate a locksmith referral service without having a
623valid license issued by the department under this part.
624     (2)  A licensee, or a locksmith, apprentice locksmith, or
625other person acting on behalf of a licensee, may not:
626     (a)  Fraudulently misuse any consumer's credit card.
627     (b)  Require a consumer to waive his or her rights provided
628in this part as a precondition to the performance of locksmith
629services.
630     (c)  Fail or refuse, after notice, to provide any law
631enforcement officer or the department with any document or
632record or disclose any information required to be produced or
633disclosed.
634     (d)  Employ or contract with any person disqualified under
635s. 559.946 to perform locksmith services on behalf of the
636licensee.
637     (e)  Submit to the department the fingerprints of a person
638other than the person for whom fingerprints must be submitted
639pursuant to s. 559.946 or fail to submit replacement
640fingerprints for a locksmith or apprentice locksmith whose
641original fingerprint submissions are returned to the department
642as unclassifiable by the screening agency.
643     (f)  Use a mailing address, registration facility, drop
644box, or answering service in the promotion, advertisement,
645solicitation, or sale of locksmith services, unless the street
646address of the licensed business location is clearly disclosed
647during any telephone solicitation and is prominently and
648conspicuously disclosed in all advertisements and on the work
649orders, invoices, and sales receipts.
650     (g)  Operate as a locksmith services business at a business
651location other than the location that appears on the license
652issued by the department.
653     (h)  Make a false statement in response to a request or
654investigation by the department, the Department of Legal
655Affairs, a law enforcement officer, or a state attorney.
656     (i)  Make a material false statement in an application,
657document, or record required to be submitted or kept under this
658part.
659     (j)  Commit any other act of fraud or misrepresentation or
660fail to disclose a material fact.
661     (k)  Disclose or permit the disclosure of any consumer
662information without the consumer's written approval, except as
663authorized by this part.
664     (l)  Violate this part or any rule adopted or order issued
665under this part.
666     559.954  Civil penalties; remedies.-
667     (1)  A consumer injured by a violation of this part may
668bring an action in the appropriate court for relief. The court
669shall award reasonable costs and attorney's fees to the
670prevailing party. The consumer may also bring an action for
671injunctive relief in the circuit court.
672     (2)(a)  The department may bring an action in a court of
673competent jurisdiction to recover any penalties or damages
674authorized in this part and for injunctive relief to enforce
675this part.
676     (b)  The department may seek a civil penalty of up to
677$10,000 for each violation of this part.
678     (c)  The department may seek restitution for and on behalf
679of any consumer injured by a violation of this part.
680     (3)  An agreement or representation that waives, limits,
681restricts, or avoids any duty, obligation, or requirement of a
682locksmith services business, as provided in this part, is void.
683     (4)  A remedy provided in this part is in addition to any
684other remedy otherwise available for the same conduct.
685     559.955  Administrative remedies; penalties.-
686     (1)  The department shall process a consumer complaint
687against a locksmith services business in the manner described in
688ss. 570.07 and 570.544.
689     (2)  A locksmith services business shall allow department
690personnel to enter its business locations for purposes of
691determining whether the license is current. If department
692personnel are refused entry or access to the premises, the
693department may seek injunctive relief in circuit court to
694enforce this subsection.
695     (3)  If the department determines that a locksmith services
696business has violated, or is operating in violation of, this
697part or any rules adopted or orders issued under this part, the
698department may enter an order doing one or more of the
699following:
700     (a)  Issuing a notice of noncompliance under s. 120.695.
701     (b)  Imposing an administrative fine not to exceed $10,000
702for each act or omission.
703     (c)  Directing that the locksmith services business cease
704and desist specified activities.
705     (d)  Refusing to issue or renew, suspending, or revoking a
706license.
707     (e)  Placing the licensee on probation for a specified
708period, subject to conditions specified by the department.
709     (4)  Administrative proceedings that may result in an order
710imposing any of the penalties specified in subsection (3) are
711governed by chapter 120.
712     (5)  In a final order imposing an administrative fine or
713refusing to issue or renew, suspending, or revoking a license,
714the department may assess against the sanctioned party the cost
715of conducting the administrative proceedings, unless the
716department determines that the offense was inadvertent or done
717in a good faith belief that the act or omission did not violate
718a state law or rule. An assessment is limited to the reasonable
719hourly rate of the hearing officer and the actual cost of
720recording or transcribing the proceedings.
721     (6)(a)  The department shall prominently post a "Closed by
722Order of the Department" sign on a locksmith services business
723whose license is suspended or revoked. The department shall also
724post a sign on a locksmith services business that is judicially
725or administratively determined to be operating without a
726license.
727     (b)  A person who defaces or removes the sign without
728written authorization from the department, or a locksmith
729services business that opens for operation without a license or
730opens for operation as a locksmith services business while its
731license is suspended or revoked, commits a misdemeanor of the
732second degree, punishable as provided in s. 775.082 or s.
733775.083.
734     (c)  A criminal penalty imposed under this subsection shall
735be in addition to any administrative sanction imposed by the
736department under subsection (3).
737     559.956  Deceptive and unfair trade practices.-A person who
738violates any provision of this part commits an unfair or
739deceptive trade practice and is subject to the penalties and
740remedies provided in part II of chapter 501.
741     559.957  Criminal penalties.-A person who violates s.
742559.953 commits a misdemeanor of the first degree, punishable as
743provided in s. 775.082 or s. 775.083.
744     559.958  Rulemaking authority.-The department shall adopt
745rules pursuant to ss. 120.536(1) and 120.54 to administer this
746part. The rules shall include, but are not limited to, the
747following:
748     (1)  Requirements and procedures for the licensure of
749locksmith services businesses.
750     (2)  Requirements and procedures for the fingerprinting and
751background screening of persons listed in s. 559.945(1)(f) for
752criminal justice information.
753     (3)  Forms required to implement this part, including
754license applications, renewal applications, fingerprint
755submissions, affidavits of criminal history, and photo
756identification cards.
757     (4)  Establishment of application, license, renewal, and
758other reasonable and necessary fees based upon the department's
759estimate of the costs of administering this part.
760     (5)  Establishment and periodic update of a background
761screening fee schedule to incorporate fee changes by the Federal
762Bureau of Investigation, the Department of Law Enforcement, and
763other entities involved in conducting the background screenings.
764     (6)  Methods of obtaining and renewing photographs for
765photo identification.
766     (7)  Use and display of licenses and license numbers.
767     559.959  Deposit and use of revenues from fees, civil
768penalties, and fines.-Any fees, civil penalties, administrative
769fines, or other funds collected by the department pursuant to
770this part shall be deposited in the General Inspection Trust
771Fund and used to administer this part.
772     559.96  Preemption; local business tax receipts.-
773     (1)  Effective July 1, 2011, this part preempts any local
774act, law, ordinance, or regulation of a county or municipality
775that relates to locksmith services, locksmiths, or locksmith
776services businesses.
777     (2)  A county or municipality may not issue or renew a
778local business tax receipt for a locksmith services business
779unless the person applying for or renewing the local business
780tax receipt exhibits a valid license issued by the department.
781     559.961  Florida Locksmith Services Advisory Council.-The
782Florida Locksmith Services Advisory Council is created within
783the department to advise and assist the department in carrying
784out this part.
785     (1)  The council shall be composed of nine members
786appointed by the Commissioner of Agriculture, as follows:
787     (a)  Six industry members must be owners or employees of
788locksmith services businesses licensed under this part, as
789follows:
790     1.  Five members must be locksmiths who are owners or
791employees of separate, licensed locksmith services businesses
792who do not perform automotive-only locksmith services.
793     2.  One member must be an automotive-only locksmith who is
794an owner or employee of a licensed locksmith services business.
795     (b)  One member must be an electrical contractor certified
796under part II of chapter 489.
797     (c)  One member must have private investigative, private
798security, motor vehicle recovery, or law enforcement experience
799or expertise.
800     (d)  One member must be a consumer who is not affiliated
801with any locksmith services business.
802
803Each member must be a resident of the state. Each member, except
804the consumer member, must have at least 3 years of experience
805and be currently engaged in the profession. Initial industry
806members must be owners or employees of locksmith services
807businesses but, notwithstanding paragraph (a), the locksmith
808services businesses of the initial members are not required to
809be licensed.
810     (2)  Members shall be appointed for 4-year terms and must
811be geographically representative of the state. A member whose
812term expires shall continue to serve until his or her successor
813is appointed. A vacancy occurring before the expiration of a
814member's term shall be filled by the commissioner for the
815remainder of the term.
816     (3)(a)  The council shall annually elect a chair and a vice
817chair from among its appointed members.
818     (b)  The council shall meet at the call of the chair, upon
819the request of a majority of its membership, or upon the request
820of the Commissioner of Agriculture.
821     (c)  In conducting its meetings, the council shall use
822accepted rules of procedure. The department shall keep a
823complete record of each meeting, which must show the names of
824the members present and actions taken. The department shall keep
825the records of the council.
826     (4)  Members of the council shall serve without
827compensation but are entitled to per diem and travel expenses as
828provided in s. 112.061.
829     (5)  The department shall provide administrative and staff
830support for the council.
831     (6)  The council may review any rules adopted by the
832department pursuant to this part and may advise the department
833on matters relating to advancements in industry standards,
834practices, and other issues that require technical expertise and
835consultation or that promote consumer protection in the
836locksmith services industry.
837     Section 2.  This act shall take effect July 1, 2010.


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