Bill Text: FL S0658 | 2010 | Regular Session | Comm Sub
Bill Title: Locksmith Services [CPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Governmental Oversight and Accountability [S0658 Detail]
Download: Florida-2010-S0658-Comm_Sub.html
Florida Senate - 2010 CS for SB 658 By the Committee on Commerce; and Senator Crist 577-03109-10 2010658c1 1 A bill to be entitled 2 An act relating to locksmith services; creating part 3 XII of ch. 559, F.S.; providing a short title; 4 providing findings and purpose; providing definitions; 5 providing exemptions from the application of the part; 6 requiring the licensure of locksmith services 7 businesses and locksmith referral services by the 8 Department of Agriculture and Consumer Services; 9 specifying licensure and application requirements; 10 requiring license fees; authorizing the waiver or 11 reduction of fees under certain circumstances; 12 providing for expiration of licenses; requiring 13 fingerprinting and background screening for criminal 14 records checks of the owner and certain other persons 15 affiliated with a locksmith services business; 16 specifying background screening requirements; 17 disqualifying certain persons from performing 18 locksmith services based upon background screening; 19 requiring the Department of Law Enforcement to retain 20 the fingerprints and search arrest records against the 21 fingerprints; requiring fees for background screening; 22 requiring the Department of Law Enforcement to provide 23 certain records to the Department of Agriculture and 24 Consumer Services upon request; authorizing licensure 25 by endorsement under certain circumstances; providing 26 license renewal requirements and procedures; providing 27 for the denial, suspension, revocation, or refusal to 28 renew a license under certain circumstances; requiring 29 a locksmith services business to maintain liability 30 insurance; prohibiting the performance of locksmith 31 services except by certain persons; authorizing 32 locksmiths, automotive-only locksmiths, and apprentice 33 locksmiths to perform locksmith services under certain 34 circumstances; establishing qualifications and 35 training requirements for locksmiths, automotive-only 36 locksmiths, and apprentice locksmiths; requiring 37 locksmith services businesses to keep certain records 38 and issue photo identification cards to locksmiths, 39 automotive-only locksmiths, and locksmith apprentices; 40 requiring display of photo identification cards and 41 licenses; requiring a locksmith services business to 42 display its license, license number, and other 43 information in all advertising; requiring a locksmith 44 services business to accept certain methods of payment 45 and keep certain business records; authorizing the 46 review of records by the department; specifying 47 certain prohibited acts relating to the operation of a 48 locksmith services business; providing civil penalties 49 and remedies; providing administrative remedies and 50 penalties; providing that a violation of the act is a 51 deceptive and unfair trade practice; providing 52 criminal penalties; requiring the department to adopt 53 rules; providing for the deposit and use of certain 54 funds; preempting to the state the regulation of 55 locksmith services, locksmiths, and locksmith services 56 businesses; prohibiting the issuance or renewal of 57 local business tax receipts to locksmith services 58 businesses except under certain circumstances; 59 creating the Florida Locksmith Services Advisory 60 Council within the department; providing membership 61 and terms; providing operating procedures and duties; 62 requiring the department to provide administrative and 63 staff support; providing an effective date. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1. Part XII of chapter 559, Florida Statutes, 68 consisting of sections 559.941, 559.942, 559.943, 559.944, 69 559.945, 559.946, 559.947, 559.948, 559.949, 559.95, 559.951, 70 559.952, 559.953, 559.954, 559.955, 559.956, 559.957, 559.958, 71 559.959, 559.96, and 559.961, is created to read: 72 PART XII 73 LOCKSMITH SERVICES 74 559.941 Short title.—This part may be cited as the “Florida 75 Locksmith Services Act.” 76 559.942 Findings and purpose.—The Legislature finds that: 77 (1) Locksmiths operate in the public trust to service, 78 secure, and protect persons and property. 79 (2) Locksmiths must be trained in regulations and laws 80 applicable to their profession, including, but not limited to, 81 the federal Americans with Disabilities Act, the Florida 82 Building Code, the Florida Fire Prevention Code, and the Life 83 Safety Code, and must be trained in the proper installation and 84 maintenance of security devices, motor vehicle locks, keys, and 85 built-in security systems. 86 (3) The purpose of this part is to provide for the 87 licensing and regulation of locksmith services businesses in 88 this state which are necessary to protect the public from the 89 misuse of locksmithing knowledge, supplies, manuals, and 90 equipment that threaten public safety and security. 91 559.943 Definitions.—As used in this part, the term: 92 (1) “Advertise” means to advise, announce, give notice of, 93 publish, or call attention to by use of oral, written, or 94 graphic statement made in a newspaper or other publication or on 95 radio or television; made in any other electronic medium; 96 contained in any notice, handbill, sign, including signage on 97 any vehicle, flyer, catalog, or letter; or printed on or 98 contained in any tag or label attached to or accompanying any 99 good. 100 (2) “Apprentice locksmith” means a natural person who 101 performs locksmith services on behalf of a locksmith services 102 business under the direct and continuous supervision of a 103 locksmith. 104 (3) “Automotive-only locksmith” means a locksmith who 105 performs only those locksmith services relating to motor 106 vehicles as described in paragraphs (11)(e)-(g) on behalf of a 107 locksmith services business. 108 (4) “Business location” means a physical location where a 109 licensee operates a locksmith services business or, if the 110 licensee is a mobile locksmith services business, the physical 111 location where the licensee’s records are kept. 112 (5) “Department” means the Department of Agriculture and 113 Consumer Services. 114 (6) “Key duplication machine” means a device capable of 115 copying or reproducing keys. 116 (7) “Licensee” means a locksmith services business licensed 117 under this part. 118 (8) “Lock” means a mechanical, electromechanical, 119 electronic, or electromagnetic device or system, including, but 120 not limited to, any peripheral hardware, such as a closed 121 circuit television system, wireless or infrared transmitter, 122 card reader, keypad, or biometric scanner, which is designed to 123 control access to and egress from a door, gate, safe, vault, 124 safe-deposit box, motor vehicle, or other enclosure or which is 125 designed to control the use of such an enclosure. 126 (9) “Locksmith” means a natural person who performs any 127 locksmith services on behalf of a locksmith services business. 128 The term includes an automotive-only locksmith but does not 129 include a person whose activities are limited to making 130 duplicate keys. 131 (10) “Locksmith referral service” means the advertisement 132 of locksmith services in this state by a person who does not 133 perform the locksmith services but who subcontracts with, or 134 refers the customer to, another locksmith services business for 135 the performance of the locksmith services. 136 (11) “Locksmith services” means: 137 (a) Selling, installing, servicing, repairing, repinning, 138 recombinating, and adjusting locks, safes, vaults, or safe 139 deposit boxes. 140 (b) Originating, duplicating, and copying keys. 141 (c) Opening, bypassing, and neutralizing locks, safes, 142 vaults, or safe-deposit boxes. 143 (d) Creating, documenting, selling, installing, managing, 144 and servicing master key systems. 145 (e) Unlocking, bypassing, or neutralizing motor vehicle 146 locks by means other than intended by the manufacturer. 147 (f) Originating keys for motor vehicles, which includes, if 148 necessary, the programming, reprogramming, or bypassing of any 149 security, transponder, or immobilizer systems or subsequent 150 technology built in by the manufacturer. 151 (g) Keying, rekeying, or recombinating motor vehicle locks. 152 153 The term does not include contracting as defined in s. 489.505 154 for which a registration or certification is required under part 155 II of chapter 489. 156 (12) “Locksmith services business” means a person who 157 performs or offers to perform locksmith services for 158 compensation, advertises or represents himself or herself as a 159 locksmith services business, or operates a locksmith referral 160 service in this state. 161 (13) “Master key system” means a system of locks in which a 162 lock is keyed so that it can be operated by its own individual 163 key as well as by a key that operates other locks in the system 164 which are also keyed to their own individual keys. 165 (14) “Mobile locksmith services business” means a locksmith 166 services business that operates exclusively from one or more 167 vehicles and not from a specific physical location. 168 (15) “Motor vehicle” has the same meaning as in s. 169 559.903(5). 170 559.944 Application of part; exemptions.—This part does not 171 apply to: 172 (1) A law enforcement officer, firefighter or voluntary 173 firefighter, emergency medical technician or paramedic, or other 174 government employee or agent who, in his or her official line of 175 duty, performs locksmith services in an emergency situation in 176 which the life of a person, livestock, or an animal generally 177 regarded as a pet is endangered. 178 (2) A sales representative who provides a bona fide sales 179 demonstration of products to locksmiths. 180 (3) An in-store employee of a hardware store, do-it 181 yourself home products store, or other retail store who rekeys 182 locks being purchased in the store. 183 (4) An electrical or alarm system contractor registered or 184 certified under chapter 489 who is acting within the scope of 185 his or her practice. 186 (5) A person who lawfully acquires and uses a key 187 duplication machine or key blanks to duplicate keys. 188 (6) A property owner or agent of a property owner who 189 maintains a file of key cutting data for a master key system on 190 the property. 191 (7) An employee of a financial institution as defined in s. 192 655.005 who provides safe, safe-deposit box, or vault services 193 at the financial institution. 194 (8) A motor vehicle dealer as defined in s. 320.27, a motor 195 vehicle repair shop as defined in s. 559.903, or a lock 196 manufacturer or agent of a lock manufacturer who services, 197 installs, repairs, or rebuilds motor vehicle locks or originates 198 and duplicates motor vehicle keys. 199 (9) Building trades personnel who: 200 (a) Install locks or locking devices on a construction 201 project that requires a building permit; or 202 (b) Install locks or locking devices for home repair or 203 improvement, if the locks are designed for installation by the 204 customer and such home repair or improvement is part of a larger 205 repair or replacement project. 206 (10) A wrecker operator as defined in s. 1.01(15) who 207 possesses or uses car-opening tools as described in s. 208 559.953(2)(b) which are necessary to unlock vehicles, if the 209 wrecker operator does not advertise locksmith services or 210 otherwise advertise himself or herself as a locksmith. 211 (11) An automobile club as defined in s. 627.8405(1) when 212 towing a motor vehicle for a club member or assisting a club 213 member in entering a locked motor vehicle. 214 (12) A hardware store, do-it-yourself home product store, 215 or other retail store that sells locks and safes that are 216 designed for use and installation by the customer without 217 professional assistance. 218 559.945 Locksmith services business; licensure.— 219 (1) A person may not perform or offer to perform locksmith 220 services for compensation, advertise or represent himself or 221 herself as a locksmith services business, or operate a locksmith 222 referral service in this state unless the person is licensed 223 under this part. However, a locksmith or apprentice locksmith 224 performing locksmith services on behalf of a licensee is not 225 required to obtain a separate license. An application for 226 licensure must be submitted to the department in the format 227 prescribed by the department and must include, at a minimum, the 228 following: 229 (a) The full legal name and mailing address of the 230 applicant. 231 (b) Each name under which the applicant does business in 232 this state and, if the applicant is doing business under a 233 fictitious name, the date on which the applicant registered the 234 fictitious name with the Department of State. 235 (c) The mailing address, street address, and telephone 236 number of the applicant’s principal business location and, if 237 the applicant performs locksmith services or operates a 238 locksmith referral service at more than one business location, 239 the mailing address, street address, and telephone number of 240 each additional business location. 241 (d) If the applicant is not a natural person, a statement 242 of: 243 1. The applicant’s type of business entity, such as a 244 corporation, partnership, or other limited liability 245 corporation. 246 2. The applicant’s federal employer identification number. 247 3. Whether the applicant is a foreign or domestic business 248 entity, the state and date of incorporation, the charter number, 249 and the date that the applicant first registered with the 250 Department of State to do business in the state. 251 (e) Each corporate, fictitious, or other business or trade 252 name under which any owner of the locksmith services business 253 operated, was known, or did business as a locksmith services 254 business within 5 years before the date of the application. 255 (f) The full name, address, and telephone number of: 256 1. Each locksmith, automotive-only locksmith, and 257 apprentice locksmith who performs locksmith services on behalf 258 of the applicant. 259 2. Each officer and director of the corporation, their 260 official positions, and corporate offices, if the applicant is a 261 corporation. 262 3. Each general partner, if the applicant is a partnership. 263 4. Each managing member, if the applicant is a limited 264 liability corporation. 265 5. The owner of the applicant, if the applicant is a 266 proprietorship. 267 6. The applicant’s registered agent for service of process 268 in this state. 269 (g) The number of locksmiths that the applicant currently 270 employs or intends to employ. 271 (2) Each application must be accompanied by: 272 (a) Payment of a nonrefundable biennial license fee, 273 calculated as follows: 274 1. If the applicant employs one to five locksmiths, an 275 amount not to exceed $800. 276 2. If the applicant employs six or more locksmiths, an 277 amount not to exceed $1,600. 278 3. If the applicant operates a locksmith referral service 279 but does not employ any locksmiths, an amount not to exceed 280 $800. 281 282 If the department determines that the biennial license fees 283 established under this subsection for an initial or renewal 284 application impose a significant financial hardship upon the 285 applicant, the department may waive or reduce the fees to the 286 amount necessary to alleviate the hardship. 287 (b) Proof of liability insurance coverage as required in s. 288 559.95. 289 (c) For each person listed in paragraph (1)(f), a set of 290 fingerprints submitted in the manner prescribed by the 291 department, an affidavit of the person’s criminal history, if 292 any, and payment of any fees or costs required under s. 559.946 293 for background screening. 294 (3)(a) The department shall issue a license to each 295 applicant in the format prescribed by the department in 296 accordance with s. 120.60. The license must show at least the 297 name, the street address of each business location listed in the 298 application pursuant to paragraph (1)(c), and the license number 299 of the locksmith services business. If the applicant is a mobile 300 locksmith services business, the license must show the residence 301 address of the owner, if different than the street address of 302 the business location where the applicant’s records are kept. 303 (b) A license issued under this part may not be transferred 304 or assigned and is valid only for the licensee and the business 305 locations for which it is issued. 306 (c) A locksmith services business license is valid for 2 307 years from the date of issuance. To provide for the biennial 308 renewal of licenses under s. 559.948, the department may adopt 309 rules to stagger the license expiration dates over a 2-year 310 period. 311 (4)(a) A licensee must notify the department in writing at 312 least 30 days before changing a locksmith services business 313 location. The department shall issue to the licensee an amended 314 license that shows the new business location. 315 (b) Within 10 days after a person listed in paragraph 316 (1)(f) begins his or her duties with a licensee, the licensee 317 must submit a set of the person’s fingerprints in the manner 318 prescribed by the department, an affidavit of the person’s 319 criminal history, if any, and payment of any fees or costs 320 required under s. 559.946 for background screening. 321 559.946 Locksmith services businesses; fingerprinting and 322 background screening; disqualification.— 323 (1)(a) Each person listed in s. 559.945(1)(f) must be 324 fingerprinted and undergo background screening for criminal 325 justice information as defined in s. 943.045. The department 326 shall submit each set of fingerprints to the Department of Law 327 Enforcement for statewide criminal records checks, and the 328 Department of Law Enforcement shall forward the fingerprints to 329 the Federal Bureau of Investigation for federal criminal records 330 checks. The cost of the fingerprint processing and criminal 331 records checks shall be borne by the locksmith services business 332 or the person required to be fingerprinted and shall be paid to 333 the department. The Department of Law Enforcement shall submit a 334 monthly invoice to the department for the fingerprint processing 335 and criminal records checks performed during the month, and the 336 department shall pay the invoice from the fees collected. The 337 results of the criminal records checks shall be returned to the 338 department, and the department shall screen the results to 339 determine whether the person is disqualified under subsection 340 (2). 341 (b) If a legible set of fingerprints, as determined by the 342 Department of Law Enforcement or the Federal Bureau of 343 Investigation, cannot be obtained after two attempts, the 344 department shall determine whether the person is disqualified 345 based upon criminal records checks under the person’s name 346 conducted by the Department of Law Enforcement and the Federal 347 Bureau of Investigation. 348 (2)(a) A person required to undergo background screening 349 pursuant to this section must not have been convicted of a crime 350 involving trespass, burglary, theft, larceny, dealing in stolen 351 property, receiving stolen property, embezzlement, obtaining 352 property by false pretenses, possession of altered property, or 353 any other fraudulent or dishonest dealing within the previous 10 354 years. 355 (b) The department may grant a person disqualified under 356 paragraph (a) an exemption from disqualification for conviction 357 of: 358 1. Any felony committed more than 3 years before the date 359 of disqualification. 360 2. Any misdemeanor. 361 (c) In order for the department to grant an exemption, the 362 disqualified person must demonstrate by clear and convincing 363 evidence of rehabilitation, including, but not limited to, the 364 circumstances surrounding the criminal incident for which an 365 exemption is sought, the time period that has elapsed since the 366 incident, the nature of the harm caused to the victim, and the 367 history of the disqualified person since the incident, or any 368 other evidence or circumstances indicating that the disqualified 369 person will not present a danger to the public if an exemption 370 is granted. 371 (3)(a) All fingerprints shall be submitted electronically 372 to the Department of Law Enforcement, as required by this 373 section, and shall be retained by the Department of Law 374 Enforcement in a manner provided by rule and entered in the 375 statewide automated fingerprint identification system authorized 376 by s. 943.05(2)(b). The fingerprints shall thereafter be 377 available for all purposes and uses authorized for arrest 378 fingerprints entered in the statewide automated fingerprint 379 identification system pursuant to s. 943.051. 380 (b) The Department of Law Enforcement shall search all 381 arrest fingerprints received under s. 943.051 against the 382 fingerprints retained in the statewide automated fingerprint 383 identification system under paragraph (a). Any arrest record 384 that is identified with the retained fingerprints of a person 385 subject to background screening under this section shall be 386 reported to the department. Each locksmith services business 387 must participate in the search process by notifying the 388 department of any change in a person’s status as a person listed 389 s. 559.945(1)(f) if, as a result of the change, the person’s 390 fingerprints are no longer required to be retained under 391 paragraph (a). 392 (c) Each licensee shall pay to the department a fee for the 393 cost of retaining the fingerprints and performing the ongoing 394 searches of arrest records under paragraph (b). The Department 395 of Law Enforcement shall submit an invoice to the department for 396 the fingerprints retained and searches performed, and the 397 department shall pay the invoice from the fees collected. The 398 Department of Law Enforcement shall adopt rules establishing the 399 amount of the fee and procedures for retaining the fingerprints, 400 performing the searches, and disseminating the search results. 401 The department shall notify the Department of Law Enforcement of 402 any change in a person’s status as a person listed in s. 403 559.945(1)(f) if, as a result of the change, the person’s 404 fingerprints are no longer required to be retained under 405 paragraph (a). 406 (4) Before expiration of the time limit in s. 120.60 for 407 approving an application, if the department does not receive 408 criminal justice information for any person listed in s. 409 559.945(1)(f), or receives criminal justice information that 410 includes a crime that may disqualify the person but does not 411 include a final disposition of the crime, the time limit in s. 412 120.60 for approving the application is extended until the 413 department receives final disposition of the crime or proof of 414 restoration of civil rights. However, an applicant may only 415 operate as an apprentice locksmith until the applicant’s case 416 disposition or proof of restoration of the applicant’s civil 417 rights are received by the department. 418 (5) The Department of Law Enforcement shall provide the 419 department, upon request, with any criminal justice information 420 in its possession of a person who is: 421 (a) A licensee or applicant for a license under this part; 422 or 423 (b) Employed by a licensee or applicant for a license under 424 this part. 425 559.947 Licensure by endorsement.— 426 (1) A person may be licensed as a locksmith services 427 business in this state upon applying to the department, 428 remitting the nonrefundable biennial license fee calculated as 429 required in s. 559.945(2)(a), and demonstrating to the 430 department that the applicant: 431 (a) Meets the qualifications for licensure in s. 559.945; 432 or 433 (b) Holds a valid locksmith services business license, or 434 the equivalent thereof, issued by another state, territory, or 435 possession of the United States, the District of Columbia, or 436 the Commonwealth of Puerto Rico with which the department has 437 established reciprocity. 438 (2) The department may establish reciprocity with other 439 states, territories, or possessions of the United States, the 440 District of Columbia, or the Commonwealth of Puerto Rico and may 441 adopt criteria for establishing reciprocity, subject to the 442 following: 443 (a) The licensing requirements of the other state, 444 territory, or possession must substantially meet or exceed the 445 requirements of s. 559.945. 446 (b) The other state, territory, or possession must issue a 447 license, or the equivalent thereof, to a locksmith services 448 business that is licensed in this state and seeks to do business 449 in the other state, territory, or possession. 450 559.948 License renewal.—Each locksmith services business 451 license must be renewed biennially on or before the license’s 452 expiration date. To apply for renewal of a license, the licensee 453 must submit each of the following to the department: 454 (1) A renewal application in the format prescribed by the 455 department which includes the information required for initial 456 licensure in s. 559.945(1). 457 (2) Payment of the nonrefundable biennial license fee, 458 calculated as required in s. 559.945(2)(a). 459 (3) Proof of liability insurance coverage as required in s. 460 559.95. 461 (4) For each person listed in s. 559.945(1)(f), an updated 462 affidavit of the person’s criminal history, if any. 463 (5) For each person listed in s. 559.945(1)(f) who has not 464 undergone background screening, a set of fingerprints submitted 465 in the manner prescribed by the department, an affidavit of the 466 person’s criminal history, if any, and payment of any fees or 467 costs required under s. 559.946. 468 559.949 Denial, suspension, revocation, or refusal to renew 469 license.—The department may deny, suspend, revoke, or refuse to 470 renew the license of a locksmith services business based upon a 471 determination that the locksmith services business or any person 472 listed in s. 559.945(1)(f): 473 (1) Failed to meet the requirements for licensure as 474 provided in this part; 475 (2) Is disqualified based upon background screening 476 pursuant to s. 559.946(2); 477 (3) Received any civil, criminal, or administrative 478 adjudication in any jurisdiction; or 479 (4) Has had a judgment entered against the business or 480 person in any action brought under the Florida Deceptive and 481 Unfair Trade Practices Act in part II of chapter 501. 482 559.95 Liability insurance.— 483 (1) A locksmith services business must maintain current and 484 valid liability insurance coverage of at least $100,000 per 485 incident for loss or damages resulting from the negligence of 486 the locksmith services business or any of its locksmiths, 487 apprentice locksmiths, employees, or agents. 488 (2) The insurance coverage must be issued by an insurance 489 company or carrier licensed to transact business in this state 490 under the Florida Insurance Code. The department shall require a 491 locksmith services business to present a policy or certificate 492 of insurance of the required coverage before issuance or renewal 493 of a license. The department shall be named as a 494 certificateholder in the policy or certificate and must be 495 notified at least 30 days before any changes in insurance 496 coverage. 497 (3) If a locksmith services business does not maintain the 498 required insurance coverage, the department may immediately 499 suspend the business’s license or eligibility for licensure and 500 the business shall immediately cease operating as a locksmith 501 services business. In addition, notwithstanding the availability 502 of administrative relief under chapter 120, the department may 503 seek an immediate injunction in the circuit court of the county 504 in which the business is located which prohibits the locksmith 505 services business from operating until the business complies 506 with this section and imposes a civil penalty not to exceed 507 $10,000 and reasonable court costs. 508 559.951 Locksmiths; apprentice locksmiths; photo 509 identification cards; display of license and license number.— 510 (1) A person may not perform locksmith services on behalf 511 of a locksmith services business unless the person is the 512 licensee or one of the following: 513 (a) Locksmith.—Except as provided in paragraph (b) for an 514 automotive-only locksmith, a locksmith must be 18 years of age 515 or older and complete 16 hours of training, including training 516 in industry ethics, the federal Americans with Disabilities Act, 517 the Florida Building Code, the Florida Fire Prevention Code, and 518 the Life Safety Code, as they apply to locksmith services. 519 (b) Automotive-only locksmith.—An automotive-only locksmith 520 must be 18 years of age or older and complete a training course 521 in industry ethics. 522 (c) Apprentice locksmith.—An apprentice locksmith must be 523 15 years of age or older and complete a minimum of 16 hours of 524 training, including training in industry ethics, the federal 525 Americans with Disabilities Act, the Florida Building Code, the 526 Florida Fire Prevention Code, and the Life Safety Code, as they 527 apply to locksmith services. An apprentice locksmith may perform 528 locksmith services only under the direct and continuous 529 supervision of a locksmith or automotive-only locksmith. An 530 apprentice locksmith may not perform or contract to perform 531 locksmith services without the express approval of his or her 532 supervising locksmith. The supervising locksmith is responsible 533 for any violation of this part committed by the apprentice 534 locksmith. 535 (2)(a) Except as provided in paragraph (b) for an 536 automotive-only locksmith, a locksmith must complete at least 16 537 hours of training every 2 years, including training on the 538 federal Americans with Disabilities Act, the Florida Building 539 Code, the Florida Fire Prevention Code, and the Life Safety 540 Code, as they apply to locksmith services. 541 (b) Every 2 years, an automotive-only locksmith must 542 complete at least 8 hours of industry-related training. The 543 training must include, but is not limited to, training in 544 industry ethics. 545 (3) Each locksmith services business must maintain a 546 personnel record of each locksmith, automotive-only locksmith, 547 and apprentice locksmith who performs locksmith services on 548 behalf of the licensee. The personnel record must include: 549 (a) Two copies of a photograph taken of the locksmith, 550 automotive-only locksmith, or apprentice locksmith within 10 551 days after the date that he or she begins to perform locksmith 552 services on behalf of the licensee. One copy shall be used for 553 the locksmith’s or apprentice’s photo identification card. The 554 second copy shall be retained in his or her personnel record. 555 Both copies of the photograph shall be replaced with a current 556 photograph at least once every 2 calendar years. 557 (b) An affidavit of the locksmith’s, automotive-only 558 locksmith’s, or apprentice locksmith’s criminal history, if any. 559 (c) Documentation provided by the locksmith services 560 business which demonstrates completion of the training required 561 in subsections (1) and (2). 562 (4) Each locksmith services business shall issue a photo 563 identification card to each locksmith, automotive-only 564 locksmith, and apprentice locksmith performing locksmith 565 services on behalf of the licensee. A photo identification card 566 must contain the name and photograph of the locksmith or 567 apprentice, the name of the locksmith services business, and the 568 license number. The photo identification card must also include: 569 (a) For a locksmith, the word “Locksmith.” 570 (b) For an automotive-only locksmith, the phrase 571 “Automotive-Only Locksmith.” 572 (c) For an apprentice locksmith, the word “Apprentice.” 573 574 Each locksmith, automotive-only locksmith, and apprentice 575 locksmith must display the photo identification card on his or 576 her person at all times while performing locksmith services. 577 (5) A locksmith services business must display a copy of 578 its locksmith services business license at each business 579 location in a manner easily readable by the general public. A 580 mobile locksmith services business shall keep a copy of the 581 license in each service vehicle for immediate presentation upon 582 request by a law enforcement officer, state or local official, 583 or member of the general public. 584 (6) Each advertisement or other form of advertising, each 585 service vehicle, and each work order, invoice, sales receipt, or 586 other business form of a licensee must include the license 587 number and name of the locksmith services business as they 588 appear on the license issued by the department. 589 559.952 Acceptable forms of payment; locksmith services 590 business records.— 591 (1) A locksmith services business shall accept at least two 592 of the following methods of payment: 593 (a) Cash, cashier’s check, money order, or traveler’s 594 check; 595 (b) Valid personal check, showing upon its face the name 596 and address of the person or an authorized representative for 597 whom the locksmith services were performed; or 598 (c) Valid credit card, which includes, but is not limited 599 to, Visa or MasterCard. 600 (2) A locksmith services business shall clearly and 601 conspicuously disclose to the person requesting locksmith 602 services in a work order, invoice, or sales receipt the methods 603 of payment that the locksmith services business accepts. 604 (3)(a) A locksmith services business must retain a copy of 605 each work order, invoice, and sales receipt for at least 2 606 years. 607 (b) Each work order, invoice, and sales receipt must 608 include the name of the person performing the service. 609 (c) A copy of each work order, invoice, and sales receipt 610 must be readily available for inspection at any time during 611 normal business hours by the department. 612 559.953 Prohibited acts.— 613 (1) A person may not: 614 (a) Perform or offer to perform locksmith services without 615 having or acting under a valid license issued by the department 616 under this part. 617 (b) Advertise or represent himself or herself as a 618 locksmith services business without having a valid license 619 issued by the department under this part. 620 (c) Operate a locksmith referral service without having a 621 valid license issued by the department under this part. 622 (2) A licensee, or a locksmith, apprentice locksmith, or 623 other person acting on behalf of a licensee, may not: 624 (a) Require a consumer to waive his or her rights provided 625 in this part as a precondition to the performance of locksmith 626 services. 627 (b) Fail or refuse, after notice, to provide any law 628 enforcement officer or the department with any document or 629 record or disclose any information required to be produced or 630 disclosed. 631 (c) Employ or contract with any person disqualified under 632 s. 559.946 to perform locksmith services on behalf of the 633 licensee. 634 (d) Submit to the department the fingerprints of a person 635 other than the person for whom fingerprints must be submitted 636 pursuant to s. 559.946 or fail to submit replacement 637 fingerprints for a locksmith or apprentice locksmith whose 638 original fingerprint submissions are returned to the department 639 as unclassifiable by the screening agency. 640 (e) Use a mailing address, registration facility, drop box, 641 or answering service in the promotion, advertisement, 642 solicitation, or sale of locksmith services, unless the street 643 address of the licensed business location is clearly disclosed 644 during any telephone solicitation and is prominently and 645 conspicuously disclosed in all advertisements and on the work 646 orders, invoices, and sales receipts. 647 (f) Operate as a locksmith services business at a business 648 location other than the location that appears on the license 649 issued by the department. 650 (g) Make a false statement in response to a request or 651 investigation by the department, the Department of Legal 652 Affairs, a law enforcement officer, or a state attorney. 653 (h) Make a material false statement in an application, 654 document, or record required to be submitted or kept under this 655 part. 656 (i) Commit any other act of fraud or misrepresentation or 657 fail to disclose a material fact. 658 (j) Disclose or permit the disclosure of any consumer 659 information without the consumer’s written approval, except as 660 authorized by this part. 661 (k) Violate this part or any rule adopted or order issued 662 under this part. 663 559.954 Civil penalties; remedies.— 664 (1) A consumer injured by a violation of this part may 665 bring an action in the appropriate court for relief. The court 666 may award reasonable costs and attorney’s fees to the prevailing 667 party. The consumer may also bring an action for injunctive 668 relief in the circuit court. 669 (2)(a) The department may bring an action in a court of 670 competent jurisdiction to recover any penalties or damages 671 authorized in this part and for injunctive relief to enforce 672 this part. 673 (b) The department may seek a civil penalty of up to 674 $10,000 for each violation of this part. 675 (c) The department may seek restitution for and on behalf 676 of any consumer injured by a violation of this part. 677 (3) An agreement or representation that waives, limits, 678 restricts, or avoids any duty, obligation, or requirement of a 679 locksmith services business, as provided in this part, is void. 680 (4) A remedy provided in this part is in addition to any 681 other remedy otherwise available for the same conduct. 682 559.955 Administrative remedies; penalties.— 683 (1) The department shall process a consumer complaint 684 against a locksmith services business in the manner described in 685 ss. 570.07 and 570.544. 686 (2) A locksmith services business shall allow department 687 personnel to enter its business locations for purposes of 688 determining whether the license is current. If department 689 personnel are refused entry or access to the premises, the 690 department may seek injunctive relief in circuit court to 691 enforce this subsection. 692 (3) If the department determines that a locksmith services 693 business has violated, or is operating in violation of, this 694 part or any rules adopted or orders issued under this part, the 695 department may enter an order doing one or more of the 696 following: 697 (a) Issuing a notice of noncompliance under s. 120.695. 698 (b) Imposing an administrative fine not to exceed $10,000 699 for each act or omission. 700 (c) Directing that the locksmith services business cease 701 and desist specified activities. 702 (d) Refusing to issue or renew, suspending, or revoking a 703 license. 704 (e) Placing the licensee on probation for a specified 705 period, subject to conditions specified by the department. 706 (4) Administrative proceedings that may result in an order 707 imposing any of the penalties specified in subsection (3) are 708 governed by chapter 120. 709 (5) In a final order imposing an administrative fine or 710 refusing to issue or renew, suspending, or revoking a license, 711 the department may assess against the sanctioned party the cost 712 of conducting the administrative proceedings, unless the 713 department determines that the offense was inadvertent or done 714 in a good faith belief that the act or omission did not violate 715 a state law or rule. An assessment is limited to the reasonable 716 hourly rate of the hearing officer and the actual cost of 717 recording or transcribing the proceedings. 718 (6)(a) The department shall prominently post a “Closed by 719 Order of the Department” sign on a locksmith services business 720 whose license is suspended or revoked. The department shall also 721 post a sign on a locksmith services business that is judicially 722 or administratively determined to be operating without a 723 license. 724 (b) A person who defaces or removes the sign without 725 written authorization from the department, or a locksmith 726 services business that opens for operation without a license or 727 opens for operation as a locksmith services business while its 728 license is suspended or revoked, commits a misdemeanor of the 729 second degree, punishable as provided in s. 775.082 or s. 730 775.083. 731 (c) A criminal penalty imposed under this subsection shall 732 be in addition to any administrative sanction imposed by the 733 department under subsection (3). 734 559.956 Deceptive and unfair trade practices.—A person who 735 violates any provision of this part commits an unfair or 736 deceptive trade practice and is subject to the penalties and 737 remedies provided in part II of chapter 501. 738 559.957 Criminal penalties.—A person who violates s. 739 559.954 commits a misdemeanor of the first degree, punishable as 740 provided in s. 775.082 or s. 775.083. 741 559.958 Rulemaking authority.—The department shall adopt 742 rules pursuant to ss. 120.536(1) and 120.54 to administer this 743 part. The rules shall include, but are not limited to, the 744 following: 745 (1) Requirements and procedures for the licensure of 746 locksmith services businesses. 747 (2) Requirements and procedures for the fingerprinting and 748 background screening of persons listed in s. 559.945(1)(f) for 749 criminal justice information. 750 (3) Forms required to implement this part, including 751 license applications, renewal applications, fingerprint 752 submissions, affidavits of criminal history, and photo 753 identification cards. 754 (4) Establishment of application, license, renewal, and 755 other reasonable and necessary fees based upon the department’s 756 estimate of the costs of administering this part. 757 (5) Establishment and periodic update of a background 758 screening fee schedule to incorporate fee changes by the Federal 759 Bureau of Investigation, the Department of Law Enforcement, and 760 other entities involved in conducting the background screenings. 761 (6) Methods of obtaining and renewing photographs for photo 762 identification. 763 (7) Use and display of licenses and license numbers. 764 559.959 Deposit and use of revenues from fees, civil 765 penalties, and fines.—Any fees, civil penalties, administrative 766 fines, or other funds collected by the department pursuant to 767 this part shall be deposited in the General Inspection Trust 768 Fund and used to administer this part. 769 559.96 Preemption; local business tax receipts.— 770 (1) Effective July 1, 2011, this part preempts any local 771 act, law, ordinance, or regulation of a county or municipality 772 which relates to locksmith services, locksmiths, or locksmith 773 services businesses that do not meet or exceed the requirements 774 in this part. 775 (2) A county or municipality may not issue or renew a local 776 business tax receipt for a locksmith services business unless 777 the person applying for or renewing the local business tax 778 receipt exhibits a valid license issued by the department. 779 559.961 Florida Locksmith Services Advisory Council.—The 780 Florida Locksmith Services Advisory Council is created within 781 the department to advise and assist the department in carrying 782 out this part. 783 (1) The council shall be composed of nine members appointed 784 by the Commissioner of Agriculture, as follows: 785 (a) Six industry members must be owners or employees of 786 locksmith services businesses licensed under this part, as 787 follows: 788 1. Five members must be locksmiths who are owners or 789 employees of separate, licensed locksmith services businesses 790 who do not perform automotive-only locksmith services. 791 2. One member must be an automotive-only locksmith who is 792 an owner or employee of a licensed locksmith services business. 793 (b) One member must be an electrical contractor certified 794 under part II of chapter 489. 795 (c) One member must have private investigative, private 796 security, motor vehicle recovery, or law enforcement experience 797 or expertise. 798 (d) One member must be a consumer who is not affiliated 799 with any locksmith services business. 800 801 Each member must be a resident of the state. Each member, except 802 the consumer member, must have at least 3 years of experience 803 and be currently engaged in the profession. Initial industry 804 members must be owners or employees of locksmith services 805 businesses but, notwithstanding paragraph (a), the locksmith 806 services businesses of the initial members are not required to 807 be licensed. 808 (2) Members shall be appointed for 4-year terms and must be 809 geographically representative of the state. A member whose term 810 expires shall continue to serve until his or her successor is 811 appointed. A vacancy occurring before the expiration of a 812 member’s term shall be filled by the commissioner for the 813 remainder of the term. 814 (3)(a) The council shall annually elect a chair and a vice 815 chair from among its appointed members. 816 (b) The council shall meet at the call of the chair, upon 817 the request of a majority of its membership, or upon the request 818 of the Commissioner of Agriculture. 819 (c) In conducting its meetings, the council shall use 820 accepted rules of procedure. The department shall keep a 821 complete record of each meeting, which must show the names of 822 the members present and actions taken. The department shall keep 823 the records of the council. 824 (4) Members of the council shall serve without compensation 825 but are entitled to per diem and travel expenses as provided in 826 s. 112.061. 827 (5) The department shall provide administrative and staff 828 support for the council. 829 (6) The council may review any rules adopted by the 830 department pursuant to this part and may advise the department 831 on matters relating to advancements in industry standards, 832 practices, and other issues that require technical expertise and 833 consultation or that promote consumer protection in the 834 locksmith services industry. 835 Section 2. This act shall take effect July 1, 2010.
