Bill Text: FL S0658 | 2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2010 (Introducer Changed) SB 658 By Senator Crist 13-00683-10 2010658__ 1 A bill to be entitled 2 An act relating to locksmith services; creating part 3 XII of ch. 559, F.S.; providing a short title; 4 providing findings and purpose; providing definitions; 5 providing exemptions from the application of the part; 6 requiring the licensure of locksmith services 7 businesses and locksmith referral services by the 8 Department of Agriculture and Consumer Services; 9 specifying licensure and application requirements; 10 requiring license fees; authorizing the waiver or 11 reduction of fees under certain circumstances; 12 providing for expiration of licenses; requiring 13 fingerprinting and background screening for criminal 14 records checks of the owner and certain other persons 15 affiliated with a locksmith services business; 16 specifying background screening requirements; 17 disqualifying certain persons from performing 18 locksmith services based upon background screening; 19 requiring the Department of Law Enforcement to retain 20 the fingerprints and search arrest records against the 21 fingerprints; requiring fees for background screening; 22 requiring the Department of Law Enforcement to provide 23 certain records to the Department of Agriculture and 24 Consumer Services upon request; authorizing licensure 25 by endorsement under certain circumstances; providing 26 license renewal requirements and procedures; providing 27 for the denial, suspension, revocation, or refusal to 28 renew a license under certain circumstances; requiring 29 a locksmith services business to maintain liability 30 insurance; prohibiting the performance of locksmith 31 services except by certain persons; authorizing 32 locksmiths, automotive-only locksmiths, and apprentice 33 locksmiths to perform locksmith services under certain 34 circumstances; establishing qualifications and 35 training requirements for locksmiths, automotive-only 36 locksmiths, and apprentice locksmiths; requiring 37 locksmith services businesses to keep certain records 38 and issue photo identification cards to locksmiths, 39 automotive-only locksmiths, and locksmith apprentices; 40 requiring display of photo identification cards and 41 licenses; requiring a locksmith services business to 42 display its license, license number, and other 43 information in all advertising; requiring a locksmith 44 services business to accept certain methods of payment 45 and keep certain business records; authorizing the 46 review of records by the department; prohibiting 47 certain acts relating to the possession of locksmith 48 tools; specifying certain prohibited acts relating to 49 the operation of a locksmith services business; 50 providing civil penalties and remedies; providing 51 administrative remedies and penalties; providing that 52 a violation of the act is a deceptive and unfair trade 53 practice; providing criminal penalties; requiring the 54 department to adopt rules; providing for the deposit 55 and use of certain funds; preempting to the state the 56 regulation of locksmith services, locksmiths, and 57 locksmith services businesses; prohibiting the 58 issuance or renewal of local business tax receipts to 59 locksmith services businesses except under certain 60 circumstances; creating the Florida Locksmith Services 61 Advisory Council within the department; providing 62 membership and terms; providing operating procedures 63 and duties; requiring the department to provide 64 administrative and staff support; providing an 65 effective date. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1. Part XII of chapter 559, Florida Statutes, 70 consisting of sections 559.941, 559.942, 559.943, 559.944, 71 559.945, 559.946, 559.947, 559.948, 559.949, 559.95, 559.951, 72 559.952, 559.953, 559.954, 559.955, 559.956, 559.957, 559.958, 73 559.959, 559.96, 559.961, and 559.962, is created to read: 74 PART XII 75 LOCKSMITH SERVICES 76 559.941 Short title.—This part may be cited as the “Florida 77 Locksmith Services Act.” 78 559.942 Findings and purpose.—The Legislature finds that: 79 (1) Locksmiths operate in the public trust to service, 80 secure, and protect persons and property. 81 (2) Locksmiths must be trained in regulations and laws 82 applicable to their profession, including, but not limited to, 83 the federal Americans with Disabilities Act, the Florida 84 Building Code, the Florida Fire Prevention Code, and the Life 85 Safety Code, and must be trained in the proper installation and 86 maintenance of security devices, motor vehicle locks, keys, and 87 built-in security systems. 88 (3) The purpose of this part is to provide for the 89 licensing and regulation of locksmith services businesses in 90 this state which are necessary to protect the public from the 91 misuse of locksmithing knowledge, supplies, manuals, and 92 equipment that threaten public safety and security. 93 559.943 Definitions.—As used in this part, the term: 94 (1) “Advertise” means to advise, announce, give notice of, 95 publish, or call attention to by use of oral, written, or 96 graphic statement made in a newspaper or other publication or on 97 radio or television; made in any other electronic medium; 98 contained in any notice, handbill, sign, including signage on 99 any vehicle, flyer, catalog, or letter; or printed on or 100 contained in any tag or label attached to or accompanying any 101 good. 102 (2) “Apprentice locksmith” means a natural person who 103 performs locksmith services on behalf of a locksmith services 104 business under the direct and continuous supervision of a 105 locksmith. 106 (3) “Automotive-only locksmith” means a locksmith who 107 performs only those locksmith services relating to motor 108 vehicles as described in paragraphs (11)(e)-(g) on behalf of a 109 locksmith services business. 110 (4) “Business location” means a physical location where a 111 licensee operates a locksmith services business or, if the 112 licensee is a mobile locksmith services business, the physical 113 location where the licensee’s records are kept. 114 (5) “Department” means the Department of Agriculture and 115 Consumer Services. 116 (6) “Key duplication machine” means a device capable of 117 copying or reproducing keys. 118 (7) “Licensee” means a locksmith services business licensed 119 under this part. 120 (8) “Lock” means a mechanical, electromechanical, 121 electronic, or electromagnetic device or system, including, but 122 not limited to, any peripheral hardware such as, a closed 123 circuit television system, wireless or infrared transmitter, 124 card reader, keypad, or biometric scanner, that is designed to 125 control access to and egress from a door, gate, safe, vault, 126 safe-deposit box, motor vehicle, or other enclosure or that is 127 designed to control the use of such an enclosure. 128 (9) “Locksmith” means a natural person who performs any 129 locksmith services on behalf of a locksmith services business. 130 The term includes an automotive-only locksmith but does not 131 include a person whose activities are limited to making 132 duplicate keys. 133 (10) “Locksmith referral service” means the advertisement 134 of locksmith services in this state by a person who does not 135 perform the locksmith services but who subcontracts with, or 136 refers the customer to, another locksmith services business for 137 the performance of the locksmith services. 138 (11) “Locksmith services” means: 139 (a) Selling, installing, servicing, repairing, repinning, 140 recombinating, and adjusting locks, safes, vaults, or safe 141 deposit boxes. 142 (b) Originating, duplicating, and copying keys. 143 (c) Opening, bypassing, and neutralizing locks, safes, 144 vaults, or safe-deposit boxes. 145 (d) Creating, documenting, selling, installing, managing, 146 and servicing master key systems. 147 (e) Unlocking, bypassing, or neutralizing motor vehicle 148 locks by means other than intended by the manufacturer. 149 (f) Originating keys for motor vehicles that includes, if 150 necessary, the programming, reprogramming, or bypassing of any 151 security, transponder, or immobilizer systems or subsequent 152 technology built in by the manufacturer. 153 (g) Keying, rekeying, or recombinating motor vehicle locks. 154 155 The term does not include contracting as defined in s. 489.505 156 for which a registration or certification is required under part 157 II of chapter 489. 158 (12) “Locksmith services business” means a person who 159 performs or offers to perform locksmith services for 160 compensation, advertises or represents himself or herself as a 161 locksmith services business, or operates a locksmith referral 162 service in this state. 163 (13) “Locksmith tool” means a tool that is designed, or 164 intended by the user to be used, to open a lock by any means 165 other than the specific method designed for the normal operation 166 of opening the lock. The term includes the locksmith tools 167 described in s. 559.953(2). 168 (14) “Master key system” means a system of locks in which a 169 lock is keyed so that it can be operated by its own individual 170 key as well as by a key that operates other locks in the system 171 that are also keyed to their own individual keys. 172 (15) “Mobile locksmith services business” means a locksmith 173 services business that operates exclusively from one or more 174 vehicles and not from a specific physical location. 175 (16) “Motor vehicle” has the same meaning as in s. 176 559.903(5). 177 559.944 Application of part; exemptions.—This part does not 178 apply to: 179 (1) A law enforcement officer, firefighter or voluntary 180 firefighter, emergency medical technician or paramedic, or other 181 government employee or agent who, in his or her official line of 182 duty, performs locksmith services in an emergency situation in 183 which the life of a person, livestock, or an animal generally 184 regarded as a pet is endangered. 185 (2) A sales representative who provides a bona fide sales 186 demonstration of products to locksmiths. 187 (3) An in-store employee of a hardware store, do-it 188 yourself home products store, or other retail store who rekeys 189 locks being purchased in the store. 190 (4) An electrical or alarm system contractor registered or 191 certified under chapter 489 who is acting within the scope of 192 his or her practice. 193 (5) A person who lawfully acquires and uses a key 194 duplication machine or key blanks to duplicate keys. 195 (6) A property owner or agent of a property owner who 196 maintains a file of key cutting data for a master key system on 197 the property. 198 (7) An employee of a financial institution as defined in s. 199 655.005 who provides safe, safe-deposit box, or vault services 200 at the financial institution. 201 (8) A motor vehicle dealer as defined in s. 320.27, a motor 202 vehicle repair shop as defined in s. 559.903, or a lock 203 manufacturer or agent of a lock manufacturer who services, 204 installs, repairs, or rebuilds motor vehicle locks or originates 205 and duplicates motor vehicle keys. 206 (9) Building trades personnel who: 207 (a) Install locks or locking devices on a construction 208 project that requires a building permit; or 209 (b) Install locks or locking devices for home repair or 210 improvement, if the locks are designed for installation by the 211 customer and such home repair or improvement is part of a larger 212 repair or replacement project. 213 (10) A wrecker operator as defined in s. 1.01(15) who 214 possesses or uses car-opening tools as described in s. 215 559.953(2)(b) which are necessary to unlock vehicles, if the 216 wrecker operator does not advertise locksmith services or 217 otherwise advertise himself or herself as a locksmith. 218 (11) An automobile club as defined in s. 627.8405(1) when 219 towing a motor vehicle for a club member or assisting a club 220 member to enter a locked motor vehicle. 221 (12) A hardware store, do-it-yourself home product store, 222 or other retail store that sells locks and safes which are 223 designed for use and installation by the customer without 224 professional assistance. 225 559.945 Locksmith services business; licensure.— 226 (1) A person may not perform or offer to perform locksmith 227 services for compensation, advertise or represent himself or 228 herself as a locksmith services business, or operate a locksmith 229 referral service in this state unless the person is licensed 230 under this part. However, a locksmith or apprentice locksmith 231 performing locksmith services on behalf of a licensee is not 232 required to obtain a separate license. An application for 233 licensure must be submitted to the department in the format 234 prescribed by the department and must include, at a minimum, the 235 following: 236 (a) The full legal name and mailing address of the 237 applicant. 238 (b) Each name under which the applicant does business in 239 this state and, if the applicant is doing business under a 240 fictitious name, the date on which the applicant registered the 241 fictitious name with the Department of State. 242 (c) The mailing address, street address, and telephone 243 number of the applicant’s principal business location and, if 244 the applicant performs locksmith services or operates a 245 locksmith referral service at more than one business location, 246 the mailing address, street address, and telephone number of 247 each additional business location. 248 (d) If the applicant is not a natural person, a statement 249 of: 250 1. The applicant’s type of business entity, such as a 251 corporation, partnership, or other limited liability 252 corporation. 253 2. The applicant’s federal employer identification number. 254 3. Whether the applicant is a foreign or domestic business 255 entity, the state and date of incorporation, the charter number, 256 and the date that the applicant first registered with the 257 Department of State to do business in the state. 258 (e) Each corporate, fictitious, or other business or trade 259 name under which any owner of the locksmith services business 260 operated, was known, or did business as a locksmith services 261 business within 5 years before the date of the application. 262 (f) The full name, address, and telephone number of: 263 1. Each locksmith, automotive-only locksmith, and 264 apprentice locksmith who performs locksmith services on behalf 265 of the applicant. 266 2. Each officer and director of the corporation, their 267 official positions, and corporate offices, if the applicant is a 268 corporation. 269 3. Each general partner, if the applicant is a partnership. 270 4. Each managing member, if the applicant is a limited 271 liability corporation. 272 5. The owner of the applicant, if the applicant is a 273 proprietorship. 274 6. The applicant’s registered agent for service of process 275 in this state. 276 (g) The number of locksmiths that the applicant currently 277 employs or intends to employ. 278 (2) Each application must be accompanied by: 279 (a) Payment of a nonrefundable biennial license fee, 280 calculated as follows: 281 1. If the applicant employs one to five locksmiths, an 282 amount not to exceed $800. 283 2. If the applicant employs six or more locksmiths, an 284 amount not to exceed $1,600. 285 3. If the applicant operates a locksmith referral service 286 but does not employ any locksmiths, an amount not to exceed 287 $800. 288 289 If the department determines that the biennial license fees 290 established under this subsection for an initial or renewal 291 application impose a significant financial hardship upon the 292 applicant, the department may waive or reduce the fees to the 293 amount necessary to alleviate the hardship. 294 (b) Proof of liability insurance coverage as required in s. 295 559.95. 296 (c) For each person listed in paragraph (1)(f), a set of 297 fingerprints submitted in the manner prescribed by the 298 department, an affidavit of the person’s criminal history, if 299 any, and payment of any fees or costs required under s. 559.946 300 for background screening. 301 (3)(a) The department shall issue a license to each 302 applicant in the format prescribed by the department in 303 accordance with s. 120.60. The license must show at least the 304 name, the street address of each business location listed in the 305 application pursuant to paragraph (1)(c), and the license number 306 of the locksmith services business. If the applicant is a mobile 307 locksmith services business, the license must show the residence 308 address of the owner, if different than the street address of 309 the business location where the applicant’s records are kept. 310 (b) A license issued under this part may not be transferred 311 or assigned and is valid only for the licensee and the business 312 locations for which it is issued. 313 (c) A locksmith services business license is valid for 2 314 years from the date of issuance. To provide for the biennial 315 renewal of licenses under s. 559.948, the department may adopt 316 rules to stagger the license expiration dates over a 2-year 317 period. 318 (4)(a) A licensee must notify the department in writing at 319 least 30 days before changing a locksmith services business 320 location. The department shall issue to the licensee an amended 321 license that shows the new business location. 322 (b) Within 10 days after a person listed in paragraph 323 (1)(f) begins his or her duties with a licensee, the licensee 324 must submit a set of the person’s fingerprints in the manner 325 prescribed by the department, an affidavit of the person’s 326 criminal history, if any, and payment of any fees or costs 327 required under s. 559.946 for background screening. 328 559.946 Locksmith services businesses; fingerprinting and 329 background screening; disqualification.— 330 (1)(a) Each person listed in s. 559.945(1)(f) must be 331 fingerprinted and undergo background screening for criminal 332 justice information as defined in s. 943.045. The department 333 shall submit each set of fingerprints to the Department of Law 334 Enforcement for statewide criminal records checks, and the 335 Department of Law Enforcement shall forward the fingerprints to 336 the Federal Bureau of Investigation for federal criminal records 337 checks. The cost of the fingerprint processing and criminal 338 records checks shall be borne by the locksmith services business 339 or the person required to be fingerprinted and shall be paid to 340 the department. The Department of Law Enforcement shall submit a 341 monthly invoice to the department for the fingerprint processing 342 and criminal records checks performed during the month, and the 343 department shall pay the invoice from the fees collected. The 344 results of the criminal records checks shall be returned to the 345 department, and the department shall screen the results to 346 determine whether the person is disqualified under subsection 347 (2). 348 (b) If a legible set of fingerprints, as determined by the 349 Department of Law Enforcement or the Federal Bureau of 350 Investigation, cannot be obtained after two attempts, the 351 department shall determine whether the person is disqualified 352 based upon criminal records checks under the person’s name 353 conducted by the Department of Law Enforcement and the Federal 354 Bureau of Investigation. 355 (2)(a) A person required to undergo background screening 356 pursuant to this section must not have been convicted or 357 incarcerated as a result of having been convicted of a crime 358 involving trespass, burglary, theft, larceny, dealing in stolen 359 property, receiving stolen property, embezzlement, obtaining 360 property by false pretenses, possession of altered property, or 361 any other fraudulent or dishonest dealing within the previous 10 362 years. 363 (b) The department may grant a person disqualified under 364 paragraph (a) an exemption from disqualification for: 365 1. Any felony committed more than 3 years before the date 366 of disqualification. 367 2. Any misdemeanor. 368 3. Any misdemeanor or noncriminal offense that was a felony 369 when it was committed. 370 (c) In order for the department to grant an exemption, the 371 disqualified person must demonstrate by clear and convincing 372 evidence that he or she should not be disqualified. A 373 disqualified person seeking an exemption has the burden of 374 setting forth sufficient evidence of rehabilitation, including, 375 but not limited to, the circumstances surrounding the criminal 376 incident for which an exemption is sought, the time period that 377 has elapsed since the incident, the nature of the harm caused to 378 the victim, and the history of the disqualified person since the 379 incident, or any other evidence or circumstances indicating that 380 the disqualified person will not present a danger to the public 381 if an exemption is granted. 382 (3)(a) All fingerprints submitted to the Department of Law 383 Enforcement as required by this section shall be retained by the 384 Department of Law Enforcement in a manner provided by rule and 385 entered in the statewide automated fingerprint identification 386 system authorized by s. 943.05(2)(b). The fingerprints shall 387 thereafter be available for all purposes and uses authorized for 388 arrest fingerprints entered in the statewide automated 389 fingerprint identification system pursuant to s. 943.051. 390 (b) The Department of Law Enforcement shall search all 391 arrest fingerprints received under s. 943.051 against the 392 fingerprints retained in the statewide automated fingerprint 393 identification system under paragraph (a). Any arrest record 394 that is identified with the retained fingerprints of a person 395 subject to background screening under this section shall be 396 reported to the department. Each locksmith services business 397 must participate in the search process by notifying the 398 department of any change in a person’s status as a person listed 399 s. 559.945(1)(f) if, as a result of the change, the person’s 400 fingerprints are no longer required to be retained under 401 paragraph (a). 402 (c) Each licensee shall pay to the department a fee for the 403 cost of retaining the fingerprints and performing the ongoing 404 searches of arrest records under paragraph (b). The Department 405 of Law Enforcement shall submit an invoice to the department for 406 the fingerprints retained and searches performed, and the 407 department shall pay the invoice from the fees collected. The 408 Department of Law Enforcement shall adopt rules establishing the 409 amount of the fee and procedures for retaining the fingerprints, 410 performing the searches, and disseminating the search results. 411 The department shall notify the Department of Law Enforcement of 412 any change in a person’s status as a person listed s. 413 559.945(1)(f) if, as a result of the change, the person’s 414 fingerprints are no longer required to be retained under 415 paragraph (a). 416 (4) Before expiration of the time limit in s. 120.60 for 417 approving an application, if the department does not receive 418 criminal justice information for any person listed in s. 419 559.945(1)(f), or receives criminal justice information that 420 includes a crime that may disqualify the person but does not 421 include a final disposition of the crime, the time limit in s. 422 120.60 for approving the application is extended until the 423 department receives final disposition of the crime or proof of 424 restoration of civil rights. 425 (5) The Department of Law Enforcement shall provide the 426 department, upon request, with any criminal justice information 427 in its possession of a person who is: 428 (a) A licensee or applicant for a license under this part; 429 or 430 (b) Employed by a licensee or applicant for a license under 431 this part. 432 559.947 Licensure by endorsement.— 433 (1) A person may be licensed as a locksmith services 434 business in this state upon applying to the department, 435 remitting the nonrefundable biennial license fee calculated as 436 required in s. 559.945(2)(a), and demonstrating to the 437 department that the applicant: 438 (a) Meets the qualifications for licensure in s. 559.945; 439 or 440 (b) Holds a valid locksmith services business license, or 441 the equivalent thereof, issued by another state, territory, or 442 possession of the United States, the District of Columbia, or 443 the Commonwealth of Puerto Rico with which the department has 444 established reciprocity. 445 (2) The department may establish reciprocity with other 446 states, territories, or possessions of the United States, the 447 District of Columbia, or the Commonwealth of Puerto Rico and may 448 adopt criteria for establishing reciprocity, subject to the 449 following: 450 (a) The licensing requirements of the other state, 451 territory, or possession must substantially meet or exceed the 452 requirements of s. 559.945. 453 (b) The other state, territory, or possession must issue a 454 license, or the equivalent thereof, to a locksmith services 455 business that is licensed in this state and seeks to do business 456 in the other state, territory, or possession. 457 559.948 License renewal.—Each locksmith services business 458 license must be renewed biennially on or before the license’s 459 expiration date. To apply for renewal of a license, the licensee 460 must submit each of the following to the department: 461 (1) A renewal application in the format prescribed by the 462 department that includes the information required for initial 463 licensure in s. 559.945(1). 464 (2) Payment of the nonrefundable biennial license fee, 465 calculated as required in s. 559.945(2)(a). 466 (3) Proof of liability insurance coverage as required in s. 467 559.95. 468 (4) For each person listed in s. 559.945(1)(f), an updated 469 affidavit of the person’s criminal history, if any. 470 (5) For each person listed in s. 559.945(1)(f) who has not 471 undergone background screening, a set of fingerprints submitted 472 in the manner prescribed by the department, an affidavit of the 473 person’s criminal history, if any, and payment of any fees or 474 costs required under s. 559.946. 475 559.949 Denial, suspension, revocation, or refusal to renew 476 license.—The department may deny, suspend, revoke, or refuse to 477 renew the license of a locksmith services business based upon a 478 determination that the locksmith services business or any person 479 listed in s. 559.945(1)(f): 480 (1) Failed to meet the requirements for licensure as 481 provided in this part; 482 (2) Is disqualified based upon background screening 483 pursuant to s. 559.946(2); 484 (3) Failed to satisfy a civil penalty, administrative fine, 485 or other penalty arising out of an administrative or enforcement 486 action brought by any governmental agency; 487 (4) Received any civil, criminal, or administrative 488 adjudication in any jurisdiction; or 489 (5) Has had a judgment entered against the business or 490 person in any action brought under the Florida Deceptive and 491 Unfair Trade Practices Act in part II of chapter 501. 492 559.95 Liability insurance.— 493 (1) A locksmith services business must maintain current and 494 valid liability insurance coverage of at least $100,000 per 495 incident for loss or damages resulting from the negligence of 496 the locksmith services business or any of its locksmiths, 497 apprentice locksmiths, employees, or agents. 498 (2) The insurance coverage must be issued by an insurance 499 company or carrier licensed to transact business in this state 500 under the Florida Insurance Code. The department shall require a 501 locksmith services business to present a policy or certificate 502 of insurance of the required coverage before issuance or renewal 503 of a license. The department shall be named as a 504 certificateholder in the policy or certificate and must be 505 notified at least 30 days before any changes in insurance 506 coverage. 507 (3) If a locksmith services business does not maintain the 508 required insurance coverage, the department may immediately 509 suspend the business’s license or eligibility for licensure and 510 the business shall immediately cease operating as a locksmith 511 services business. In addition, notwithstanding the availability 512 of administrative relief under chapter 120, the department may 513 seek an immediate injunction in the circuit court of the county 514 in which the business is located that prohibits the locksmith 515 services business from operating until the business complies 516 with this section and imposes a civil penalty not to exceed 517 $10,000 and reasonable court costs. 518 559.951 Locksmiths; apprentice locksmiths; photo 519 identification cards; display of license and license number.— 520 (1) A person may not perform locksmith services on behalf 521 of a locksmith services business unless the person is the 522 licensee or one of the following: 523 (a) Locksmith.—Except as provided in paragraph (b) for an 524 automotive-only locksmith, a locksmith must be 18 years of age 525 or older and complete 16 hours of training, including training 526 in industry ethics, the federal Americans with Disabilities Act, 527 the Florida Building Code, the Florida Fire Prevention Code, and 528 the Life Safety Code. 529 (b) Automotive-only locksmith.—An automotive-only locksmith 530 must be 18 years of age or older and complete a training course 531 in industry ethics. 532 (c) Apprentice locksmith.—An apprentice locksmith must be 533 15 years of age or older and complete a minimum of 16 hours of 534 training, including training in industry ethics, the federal 535 Americans with Disabilities Act, the Florida Building Code, the 536 Florida Fire Prevention Code, and the Life Safety Code. An 537 apprentice locksmith may perform locksmith services only under 538 the direct and continuous supervision of a locksmith or 539 automotive-only locksmith. An apprentice locksmith may not 540 perform or contract to perform locksmith services without the 541 express approval of his or her supervising locksmith. The 542 supervising locksmith is responsible for any violation of this 543 part committed by the apprentice locksmith. 544 (2)(a) Except as provided in paragraph (b) for an 545 automotive-only locksmith, every 2 years, a locksmith must 546 complete at least 16 hours of training, including training on 547 the federal Americans with Disabilities Act, the Florida 548 Building Code, the Florida Fire Prevention Code, and the Life 549 Safety Code. 550 (b) Every 2 years, an automotive-only locksmith must 551 complete at least 8 hours of industry-related training. The 552 training must include, but is not limited to, training in 553 industry ethics. 554 (3) Each locksmith services business must maintain a 555 personnel record of each locksmith, automotive-only locksmith, 556 and apprentice locksmith who performs locksmith services on 557 behalf of the licensee. The personnel record must include: 558 (a) Two copies of a photograph taken of the locksmith, 559 automotive-only locksmith, or apprentice locksmith within 10 560 days after the date that he or she begins to perform locksmith 561 services on behalf of the licensee. One copy shall be used for 562 the locksmith’s or apprentice’s photo identification card. The 563 second copy shall be retained in his or her personnel record. 564 Both copies of the photograph shall be replaced with a current 565 photograph at least once every 2 calendar years. 566 (b) An affidavit of the locksmith’s, automotive-only 567 locksmith’s, or apprentice locksmith’s criminal history, if any, 568 and the results of the background screening conducted pursuant 569 to s. 559.946. 570 (c) Documentation provided by the locksmith services 571 business that demonstrates completion of the training required 572 in subsections (1) and (2). 573 (4) Each locksmith services business shall issue a photo 574 identification card to each locksmith, automotive-only 575 locksmith, and apprentice locksmith performing locksmith 576 services on behalf of the licensee. A photo identification card 577 must contain the name and photograph of the locksmith or 578 apprentice, the name of the locksmith services business, and the 579 license number. The photo identification card must also include: 580 (a) For a locksmith, the word “Locksmith.” 581 (b) For an automotive-only locksmith, the phrase 582 “Automotive-Only Locksmith.” 583 (c) For an apprentice locksmith, the word “Apprentice.” 584 585 Each locksmith, automotive-only locksmith, and apprentice 586 locksmith must display the photo identification card on his or 587 her person at all times while performing locksmith services. 588 (5) A locksmith services business must display a copy of 589 its locksmith services business license at each business 590 location in a manner easily readable by the general public. A 591 mobile locksmith services business shall keep a copy of the 592 license in each service vehicle for immediate presentation to 593 any law enforcement officer, state or local official, or member 594 of the general public upon request. 595 (6) Each advertisement or other form of advertising, each 596 service vehicle, and each work order, invoice, sales receipt, or 597 other business form of a licensee must include the license 598 number and name of the locksmith services business as they 599 appear on the license issued by the department. 600 559.952 Acceptable forms of payment; locksmith services 601 business records.— 602 (1) A locksmith services business shall accept at least two 603 of the following methods of payment: 604 (a) Cash, cashier’s check, money order, or traveler’s 605 check; 606 (b) Valid personal check, showing upon its face the name 607 and address of the person or an authorized representative for 608 whom the locksmith services were performed; or 609 (c) Valid credit card, which includes, but is not limited 610 to, Visa or MasterCard. 611 (2) A locksmith services business shall clearly and 612 conspicuously disclose to the person requesting locksmith 613 services in a work order, invoice, or sales receipt the methods 614 of payment that the locksmith services business accepts. 615 (3)(a) A locksmith services business must retain a copy of 616 each work order, invoice, and sales receipt for at least 2 617 years. 618 (b) Each work order, invoice, and sales receipt must 619 include the name of the person performing the service. 620 (c) A copy of each work order, invoice, and sales receipt 621 must be readily available for inspection at any time during 622 normal business hours by the department. 623 559.953 Locksmith tools; exemptions; prohibited acts.— 624 (1) This section does not apply to: 625 (a) A licensee. 626 (b) A locksmith or apprentice locksmith performing 627 locksmith services on behalf of a licensee. 628 (c) A recovery agent licensed under part IV of chapter 493. 629 (d) A wrecker operator as defined in s. 1.01(15). 630 (e) A lock manufacturer or the lock manufacturer’s agent 631 who has a reasonable need to possess locksmith tools, 632 implements, or outfits for demonstration, testing, or research 633 purposes. 634 (2) Except as otherwise provided in subsection (1), a 635 person may not obtain, own, or possess locksmith tools, 636 implements, or outfits, in any format, either in person, through 637 an intermediary, through mail order, or by any other procurement 638 method. As used in this subsection, the term “locksmith tools” 639 includes, but is not limited to: 640 (a) A bump key, which is a fabricated, specially shaped or 641 modified key intended to be used to unlock a lock by any means 642 other than the specific method designed for the normal operation 643 of opening the lock. 644 (b) A car-opening tool, which is a metal, cloth, nylon, 645 rubber, or plastic tool or device designed to enter, bypass, or 646 otherwise overcome the locking systems or locking mechanisms of 647 a motor vehicle by any means other than the specific method 648 designed for the normal operation of opening the lock. 649 (c) A manual or codebook, which is a compilation, in any 650 form, of key codes. 651 (d) A code-grabbing device, which is a device that can 652 receive, record, or receive and record the code signal sent by 653 the transmitter of a motor vehicle’s security, alarm, or 654 immobilizer system and play back the signal to disarm, bypass, 655 or neutralize the system. 656 (e) A lock pick, which is a manual, electric, or electronic 657 tool or device used to bypass, override, or neutralize a lock by 658 any means other than the specific method designed for the normal 659 operation of opening the lock. 660 (f) A manipulation key, which is a key other than a change 661 or master key that can be variably positioned or manipulated in 662 a keyway to bypass, override, or neutralize a lock by any means 663 other than the specific method designed for the normal operation 664 of opening the lock. As used in this paragraph, the term 665 “manipulation key” includes wiggle and bump keys. 666 (g) A safe-opening tool, which is a tool designed, or 667 intended by the user to be used, to open a safe, safe-deposit 668 box, or similar object by means other than that which is 669 intended by the manufacturer of the safe, vault, safe-deposit 670 box, or similar object for normal opening. 671 (h) A tryout key, which is a manipulation key that may or 672 may not be one of a set of similar keys used for a specific 673 series, keyway, or brand of lock to open, bypass, override, or 674 neutralize a lock by means other than intended by the 675 manufacturer. 676 559.954 Prohibited acts.— 677 (1) A person may not: 678 (a) Perform or offer to perform locksmith services without 679 having or acting under a valid license issued by the department 680 under this part. 681 (b) Advertise or represent himself or herself as a 682 locksmith services business without having a valid license 683 issued by the department under this part. 684 (c) Operate a locksmith referral service without having a 685 valid license issued by the department under this part. 686 (2) A licensee, or a locksmith, apprentice locksmith, or 687 other person acting on behalf of a licensee, may not: 688 (a) Fraudulently misuse any consumer’s credit card. 689 (b) Require a consumer to waive his or her rights provided 690 in this part as a precondition to the performance of locksmith 691 services. 692 (c) Fail or refuse, after notice, to provide any law 693 enforcement officer or the department with any document or 694 record or disclose any information required to be produced or 695 disclosed. 696 (d) Employ or contract with any person disqualified under 697 s. 559.946 to perform locksmith services on behalf of the 698 licensee. 699 (e) Submit to the department the fingerprints of a person 700 other than the person for whom fingerprints must be submitted 701 pursuant to s. 559.946 or fail to submit replacement 702 fingerprints for a locksmith or apprentice locksmith whose 703 original fingerprint submissions are returned to the department 704 as unclassifiable by the screening agency. 705 (f) Use a mailing address, registration facility, drop box, 706 or answering service in the promotion, advertisement, 707 solicitation, or sale of locksmith services, unless the street 708 address of the licensed business location is clearly disclosed 709 during any telephone solicitation and is prominently and 710 conspicuously disclosed in all advertisements and on the work 711 orders, invoices, and sales receipts. 712 (g) Operate as a locksmith services business at a business 713 location other than the location that appears on the license 714 issued by the department. 715 (h) Make a false statement in response to a request or 716 investigation by the department, the Department of Legal 717 Affairs, a law enforcement officer, or a state attorney. 718 (i) Make a material false statement in an application, 719 document, or record required to be submitted or kept under this 720 part. 721 (j) Commit any other act of fraud or misrepresentation or 722 fail to disclose a material fact. 723 (k) Disclose or permit the disclosure of any consumer 724 information without the consumer’s written approval, except as 725 authorized by this part. 726 (l) Violate this part or any rule adopted or order issued 727 under this part. 728 559.955 Civil penalties; remedies.— 729 (1) A consumer injured by a violation of this part may 730 bring an action in the appropriate court for relief. The court 731 shall award reasonable costs and attorney’s fees to the 732 prevailing party. The consumer may also bring an action for 733 injunctive relief in the circuit court. 734 (2)(a) The department may bring an action in a court of 735 competent jurisdiction to recover any penalties or damages 736 authorized in this part and for injunctive relief to enforce 737 this part. 738 (b) The department may seek a civil penalty of up to 739 $10,000 for each violation of this part. 740 (c) The department may seek restitution for and on behalf 741 of any consumer injured by a violation of this part. 742 (3) An agreement or representation that waives, limits, 743 restricts, or avoids any duty, obligation, or requirement of a 744 locksmith services business, as provided in this part, is void. 745 (4) A remedy provided in this part is in addition to any 746 other remedy otherwise available for the same conduct. 747 559.956 Administrative remedies; penalties.— 748 (1) The department shall process a consumer complaint 749 against a locksmith services business in the manner described in 750 ss. 570.07 and 570.544. 751 (2) A locksmith services business shall allow department 752 personnel to enter its business locations for purposes of 753 determining whether the license is current. If department 754 personnel are refused entry or access to the premises, the 755 department may seek injunctive relief in circuit court to 756 enforce this subsection. 757 (3) If the department determines that a locksmith services 758 business has violated, or is operating in violation of, this 759 part or any rules adopted or orders issued under this part, the 760 department may enter an order doing one or more of the 761 following: 762 (a) Issuing a notice of noncompliance under s. 120.695. 763 (b) Imposing an administrative fine not to exceed $10,000 764 for each act or omission. 765 (c) Directing that the locksmith services business cease 766 and desist specified activities. 767 (d) Refusing to issue or renew, suspending, or revoking a 768 license. 769 (e) Placing the licensee on probation for a specified 770 period, subject to conditions specified by the department. 771 (4) Administrative proceedings that may result in an order 772 imposing any of the penalties specified in subsection (3) are 773 governed by chapter 120. 774 (5) In a final order imposing an administrative fine or 775 refusing to issue or renew, suspending, or revoking a license, 776 the department may assess against the sanctioned party the cost 777 of conducting the administrative proceedings, unless the 778 department determines that the offense was inadvertent or done 779 in a good faith belief that the act or omission did not violate 780 a state law or rule. An assessment is limited to the reasonable 781 hourly rate of the hearing officer and the actual cost of 782 recording or transcribing the proceedings. 783 (6)(a) The department shall prominently post a “Closed by 784 Order of the Department” sign on a locksmith services business 785 whose license is suspended or revoked. The department shall also 786 post a sign on a locksmith services business that is judicially 787 or administratively determined to be operating without a 788 license. 789 (b) A person who defaces or removes the sign without 790 written authorization from the department, or a locksmith 791 services business that opens for operation without a license or 792 opens for operation as a locksmith services business while its 793 license is suspended or revoked, commits a misdemeanor of the 794 second degree, punishable as provided in s. 775.082 or s. 795 775.083. 796 (c) A criminal penalty imposed under this subsection shall 797 be in addition to any administrative sanction imposed by the 798 department under subsection (3). 799 559.957 Deceptive and unfair trade practices.—A person who 800 violates any provision of this part commits an unfair or 801 deceptive trade practice and is subject to the penalties and 802 remedies provided in part II of chapter 501. 803 559.958 Criminal penalties.— 804 (1) A person who violates s. 559.953 or s. 559.954 commits 805 a misdemeanor of the first degree, punishable as provided in s. 806 775.082 or s. 775.083. 807 (2) A person who violates s. 559.953 with the intent of 808 committing burglary, robbery, or larceny commits a felony of the 809 third degree, punishable as provided in s. 775.082, s. 775.083, 810 or s. 775.084. 811 559.959 Rulemaking authority.—The department shall adopt 812 rules pursuant to ss. 120.536(1) and 120.54 to administer this 813 part. The rules shall include, but are not limited to, the 814 following: 815 (1) Requirements and procedures for the licensure of 816 locksmith services businesses. 817 (2) Requirements and procedures for the fingerprinting and 818 background screening of persons listed in s. 559.945(1)(f) for 819 criminal justice information. 820 (3) Forms required to implement this part, including 821 license applications, renewal applications, fingerprint 822 submissions, affidavits of criminal history, and photo 823 identification cards. 824 (4) Establishment of application, license, renewal, and 825 other reasonable and necessary fees based upon the department’s 826 estimate of the costs of administering this part. 827 (5) Establishment and periodic update of a background 828 screening fee schedule to incorporate fee changes by the Federal 829 Bureau of Investigation, the Department of Law Enforcement, and 830 other entities involved in conducting the background screenings. 831 (6) Methods of obtaining and renewing photographs for photo 832 identification. 833 (7) Use and display of licenses and license numbers. 834 559.96 Deposit and use of revenues from fees, civil 835 penalties, and fines.—Any fees, civil penalties, administrative 836 fines, or other funds collected by the department pursuant to 837 this part shall be deposited in the General Inspection Trust 838 Fund and used to administer this part. 839 559.961 Preemption; local business tax receipts.— 840 (1) Effective July 1, 2011, this part preempts any local 841 act, law, ordinance, or regulation of a county or municipality 842 that relates to locksmith services, locksmiths, or locksmith 843 services businesses. 844 (2) A county or municipality may not issue or renew a local 845 business tax receipt for a locksmith services business unless 846 the person applying for or renewing the local business tax 847 receipt exhibits a valid license issued by the department. 848 559.962 Florida Locksmith Services Advisory Council.—The 849 Florida Locksmith Services Advisory Council is created within 850 the department to advise and assist the department in carrying 851 out this part. 852 (1) The council shall be composed of nine members appointed 853 by the Commissioner of Agriculture, as follows: 854 (a) Six industry members must be owners or employees of 855 locksmith services businesses licensed under this part, as 856 follows: 857 1. Five members must be locksmiths who are owners or 858 employees of separate, licensed locksmith services businesses 859 who do not perform automotive-only locksmith services. 860 2. One member must be an automotive-only locksmith who is 861 an owner or employee of a licensed locksmith services business. 862 (b) One member must be an electrical contractor certified 863 under part II of chapter 489. 864 (c) One member must have private investigative, private 865 security, motor vehicle recovery, or law enforcement experience 866 or expertise. 867 (d) One member must be a consumer who is not affiliated 868 with any locksmith services business. 869 870 Each member must be a resident of the state. Each member, except 871 the consumer member, must have at least 3 years of experience 872 and be currently engaged in the profession. Initial industry 873 members must be owners or employees of locksmith services 874 businesses but, notwithstanding paragraph (a), the locksmith 875 services businesses of the initial members are not required to 876 be licensed. 877 (2) Members shall be appointed for 4-year terms and must be 878 geographically representative of the state. A member whose term 879 expires shall continue to serve until his or her successor is 880 appointed. A vacancy occurring before the expiration of a 881 member’s term shall be filled by the commissioner for the 882 remainder of the term. 883 (3)(a) The council shall annually elect a chair and a vice 884 chair from among its appointed members. 885 (b) The council shall meet at the call of the chair, upon 886 the request of a majority of its membership, or upon the request 887 of the Commissioner of Agriculture. 888 (c) In conducting its meetings, the council shall use 889 accepted rules of procedure. The department shall keep a 890 complete record of each meeting, which must show the names of 891 the members present and actions taken. The department shall keep 892 the records of the council. 893 (4) Members of the council shall serve without compensation 894 but are entitled to per diem and travel expenses as provided in 895 s. 112.061. 896 (5) The department shall provide administrative and staff 897 support for the council. 898 (6) The council may review any rules adopted by the 899 department pursuant to this part and may advise the department 900 on matters relating to advancements in industry standards, 901 practices, and other issues that require technical expertise and 902 consultation or that promote consumer protection in the 903 locksmith services industry. 904 Section 2. This act shall take effect July 1, 2010.
