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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to licensing and regulating locksmith 2
services businesses; creating part XIV of ch. 559, 3
F.S., entitled the "Florida Locksmith Services Act"; 4
creating s. 559.971, F.S.; providing legislative 5
findings and purpose; creating s. 559.9711, F.S.; 6
providing definitions; creating s. 559.9712, F.S.; 7
providing applicability; creating s. 559.9713, F.S.; 8
requiring licensure of locksmith services businesses 9
by the Department of Agriculture and Consumer 10
Services; specifying licensure and application 11
requirements; providing for expiration of licenses; 12
creating s. 559.9714, F.S.; requiring fingerprinting 13
and background screening for criminal history record 14
checks of license applicants and certain persons 15
affiliated with a locksmith services business; 16
specifying background screening requirements; 17
disqualifying certain persons from licensure or from 18
performing locksmith services based upon background 19
screening; requiring the Department of Law Enforcement 20
to retain the fingerprints and search arrest records 21
against the fingerprints; requiring the Department of 22
Law Enforcement to provide certain records to the 23
Department of Agriculture and Consumer Services upon 24
request; creating s. 559.9715, F.S.; authorizing 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
licensure through endorsement; authorizing reciprocity 26
agreements; creating s. 559.9716, F.S.; providing for 27
the renewals of licenses; creating s. 559.9717, F.S.; 28
providing for the denial, suspension, revocation, or 29
refusal to renew licenses under certain circumstances; 30
creating s. 559.9718, F.S.; requiring a locksmith 31
services business to maintain liability insurance; 32
providing penalties; creating s. 559.9719, F.S.; 33
establishing qualifications and training requirements 34
for locksmiths, automotive -only locksmiths, and 35
apprentice locksmiths; requiring locksmith services 36
businesses to keep certain records and issue photo 37
identification cards to locksmiths, automotive -only 38
locksmiths, and locksmith apprentices; requiring 39
display of photo identification cards and licenses; 40
requiring locksmith services businesses to display 41
license numbers and business names in all advertising; 42
creating s. 559.97191, F.S.; requiring locksmith 43
services businesses to accept certain methods of 44
payment and keep certain business records; authorizing 45
the review of records by law enforcement and the 46
department; creating s. 559.97192, F.S.; providing 47
applicability; prohibiting persons from obtaining, 48
owning, and possessing locksmith tools; defining the 49
term "locksmith tools"; creating s. 559.97193, F.S.; 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
specifying certain prohibited acts rela ting to the 51
operation of a locksmith services business; creating 52
s. 559.97194, F.S.; providing civil penalties and 53
remedies; creating s. 559.97195, F.S.; providing 54
administrative sanctions and criminal penalties; 55
creating s. 559.97196, F.S.; providing that a 56
violation of the act is an unfair and deceptive trade 57
practice; creating s. 559.97197, F.S.; providing 58
criminal penalties; creating s. 559.97198, F.S.; 59
requiring the department to adopt rules; creating s. 60
559.97199, F.S.; providing for the deposit and u se of 61
certain funds; creating s. 559.981, F.S.; preempting 62
to the state the regulation of locksmith services, 63
locksmiths, and locksmith services businesses; 64
prohibiting the issuance or renewal of local business 65
tax receipts to locksmith services businesses ; 66
providing an exception; creating s. 559.9811, F.S.; 67
creating the Florida Locksmith Services Advisory 68
Council within the department; providing membership 69
and terms; providing operating procedures and duties; 70
requiring the department to provide administrat ive and 71
staff support; providing an effective date. 72
73
Be It Enacted by the Legislature of the State of Florida: 74
75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 1. Part XIV of chapter 559, Florida Statutes, 76
consisting of ss. 559.971 -559.9811, Florida Statutes, is created 77
and entitled the "Florida Locksmith Services Act." 78
Section 2. Section 559.971, Florida Statutes, is created 79
to read: 80
559.971 Legislative findings; purpose. —The Legislature 81
finds that: 82
(1) Locksmiths operate in the public trust to service, 83
secure, and protect person s and property. 84
(2) Locksmiths must be trained in regulations and laws 85
applicable to the locksmith profession, including, but not 86
limited to, the Americans with Disabilities Act, the Florida 87
Building Code, the Florida Fire Prevention Code, and the Life 88
Safety Code, and must be trained in the proper installation and 89
maintenance of security devices, motor vehicle locks, keys, and 90
built-in security systems. 91
(3) The purpose of this part is to provide for the 92
licensing and regulation of locksmith services bu sinesses in 93
this state which are necessary to protect the public from the 94
misuse of locksmithing knowledge, supplies, manuals, and 95
equipment, which may cause a threat to public safety and 96
security. 97
Section 3. Section 559.9711, Florida Statutes, is crea ted 98
to read: 99
559.9711 Definitions. —As used in this part, the term: 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) "Advertise" means to advise, announce, give notice of, 101
publish, or call attention to, by use of an oral, written, or 102
graphic statement that is: 103
(a) Made in a newspaper or other pu blication; 104
(b) Made on radio or television or in any other electronic 105
medium; 106
(c) Contained in a notice, handbill, or sign, including 107
signage on a vehicle, flyer, catalog, or letter; or 108
(d) Printed on or contained in a tag or label attached to 109
or accompanying any good. 110
(2) "Apprentice locksmith" means a natural person who 111
performs locksmith services on behalf of a locksmith services 112
business under the direct and continuous supervision of a 113
locksmith. 114
(3) "Automotive-only locksmith" means a locksmith who 115
performs only those locksmith services relating to motor 116
vehicles on behalf of a locksmith services business. 117
(4) "Business location" means a physical location at which 118
a licensee operates a locksmith services business or, if the 119
licensee is a mobile locksmith services business, the physical 120
location at which the licensee's records are kept. 121
(5) "Department" means the Department of Agriculture and 122
Consumer Services. 123
(6) "Key duplication machine" means a device capable of 124
copying or reproducing keys. 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(7) "Licensee" means a locksmith services business 126
licensed under this part. 127
(8) "Lock" means a mechanical, an electromechanical, an 128
electronic, or an electromagnetic device or similar device, 129
including, but not limited to, any peripheral hardware such as a 130
closed-circuit television system, a wireless or infrared 131
transmitter, a card reader, a keypad, or a biometric scanner, 132
which is designed to control: 133
(a) Access to, or the use of, a safe or safe -deposit box; 134
or 135
(b) Access to and egres s from, or the use of, a door, 136
gate, vault, motor vehicle, or other enclosure. 137
(9) "Locksmith" means a natural person who performs any 138
locksmith services on behalf of a locksmith services business. 139
The term includes an automotive -only locksmith but does not 140
include a person whose activities are limited to making 141
duplicate keys. 142
(10) "Locksmith services" means: 143
(a) Selling, installing, servicing, repairing, repinning, 144
changing the combinations of, and adjusting locks, safes, 145
vaults, or safe-deposit boxes. 146
(b) Originating, duplicating, and copying keys. 147
(c) Opening, bypassing, and neutralizing locks, safes, 148
vaults, or safe-deposit boxes. 149
(d) Creating, documenting, selling, installing, managing, 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and servicing master key systems. 151
(e) Unlocking, bypassing, or neutralizing motor vehicle 152
locks by means other than intended by the manufacturer. 153
(f) Originating keys for motor vehicles which includes, if 154
necessary, the programming, reprogramming, or bypassing of any 155
security, transponder, or immobilizer systems or subsequent 156
technology built in by the manufacturer. 157
(g) Keying, rekeying, or changing the combinations of 158
motor vehicle locks. 159
(11) "Locksmith services business" means a person who 160
performs or offers to perform locksmith services for 161
compensation or advertises or represents himself or herself as a 162
locksmith services business in this state. 163
(12) "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 desig ned for the normal operation 166
of opening the lock. The term includes the tools described in s. 167
559.97192(2). 168
(13) "Master key system" means a system of locks in which 169
a lock is keyed so that the lock can be operated by its own 170
individual key as well as by a key that operates other locks in 171
the system which are also keyed to their own individual keys. 172
(14) "Mobile locksmith services business" means a 173
locksmith services business that operates exclusively from one 174
or more vehicles and not from a specific ph ysical location. 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(15) "Motor vehicle" has the same meaning as in s. 176
559.903. 177
Section 4. Section 559.9712, Florida Statutes, is created 178
to read: 179
559.9712 Applicability exemptions. —This part does not 180
apply to: 181
(1) A law enforcement officer, a firefighter or voluntary 182
firefighter, an emergency medical technician or paramedic, or 183
other government employee or agent who, in his or her official 184
line of duty, performs locksmith services in an emergency 185
situation in which the life of a person, livesto ck, or an animal 186
generally regarded as a pet is endangered. 187
(2) A sales representative who provides a bona fide sales 188
demonstration of products to locksmiths. 189
(3) An in-store employee of a hardware store, do -it-190
yourself home products store, or other re tail store who rekeys 191
locks being purchased in the store. 192
(4) An electrical or alarm system contractor registered or 193
certified under chapter 489 who installs or services 194
electromechanical, electronic, or electromagnetic devices and 195
peripheral hardware. 196
(5) A person who lawfully acquires and uses a key 197
duplication machine or key blanks to duplicate keys. 198
(6) A property owner or an agent of a property owner who 199
maintains a file of key cutting data for a master key system on 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the property. 201
(7) An employee of a financial institution as defined in 202
s. 655.005(1)(i) who provides safe, safe -deposit box, or vault 203
services at the financial institution. 204
(8) A motor vehicle dealer as defined in s. 320.27(1)(c), 205
a motor vehicle repair shop as defined in s. 559.9 03, or a lock 206
manufacturer or an agent of a lock manufacturer who services, 207
installs, repairs, or rebuilds motor vehicle locks or originates 208
or duplicates motor vehicle keys. 209
(9) Building trades personnel who install locks or locking 210
devices on a constru ction project that requires a building 211
permit. 212
(10) A wrecker operator as defined in s. 1.01(15) who 213
possesses or uses car -opening tools as described in s. 214
559.97192(2)(b) to unlock vehicles to facilitate towing. 215
Section 5. Section 559.9713, Florida Statutes, is created 216
to read: 217
559.9713 Initial license applications; license issuance. — 218
(1) A person may not perform or offer to perform locksmith 219
services for compensation or advertise or represent himself or 220
herself as a locksmith services business i n this state unless 221
the person is licensed under this part. However, a locksmith or 222
apprentice locksmith performing locksmith services on behalf of 223
a licensee is not required to obtain a separate license. An 224
application for a license must be submitted to t he department in 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the format prescribed by the department and must include, at a 226
minimum, the following: 227
(a) The full legal name and mailing address of the 228
applicant. 229
(b) Each name under which the applicant does business in 230
this state and, if the applic ant is doing business under a 231
fictitious name, the date on which the applicant registered the 232
fictitious name with the Department of State. 233
(c) The mailing address, street address, and telephone 234
number of the applicant's principal business location and, if 235
the applicant performs locksmith services at more than one 236
business location, the mailing address, street address, and 237
telephone number of each additional business location. 238
(d) If the applicant is not a natural person, a statement 239
of: 240
1. The applicant's type of business entity, such as a 241
corporation, partnership, or other limited liability 242
corporation. 243
2. The applicant's federal employer identification number. 244
3. Whether the applicant is a foreign or domestic business 245
entity, the state and date of incorporation, the charter number, 246
and the date that the applicant first registered with the 247
Department of State to do business in this state. 248
(e) Each corporate, fictitious, or other business or trade 249
name under which any owner of the locksmith servi ces business 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
operated, was known, or did business as a locksmith services 251
business within 5 years before the date of the application. 252
(f) The full name, address, and telephone number of: 253
1. Each locksmith and apprentice locksmith who performs 254
locksmith services on behalf of the applicant. 255
2. Each officer and director of the corporation, their 256
official positions, and corporate offices, if the applicant is a 257
corporation. 258
3. Each general partner, if the applicant is a 259
partnership. 260
4. Each managing me mber, if the applicant is a limited 261
liability corporation. 262
5. The owner of the applicant, if the applicant is a 263
proprietorship. 264
6. The applicant's registered agent for service of process 265
in this state. 266
(g) The number of locksmiths that the applicant currently 267
employs or intends to employ. 268
(2) Each application must be accompanied by: 269
(a) Proof of liability insurance coverage as required in 270
s. 559.9718. 271
(b) For the applicant and each person listed in paragraph 272
(1)(f), a set of fingerprints submitt ed under s. 559.9714 in the 273
manner prescribed by the department and an affidavit of the 274
person's criminal history, if any. 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3)(a) The department shall issue a license to each 276
applicant in the format prescribed by the department in 277
accordance with s. 120. 60. The license must show at least the 278
name and street address of each business location listed in the 279
application pursuant to paragraph (1)(c) and the license number 280
of the locksmith services business. If the applicant is a mobile 281
locksmith services busin ess, the license must show the residence 282
address of the owner, if different from the street address of 283
the business location at which the applicant's records are kept. 284
(b) A license issued under this part may not be 285
transferred or assigned and is valid only for the licensee and 286
the business locations for which it is issued. 287
(c) A locksmith services business license is valid for 2 288
years after the date of issuance. To provide for the biennial 289
renewal of licenses under s. 559.9716, the department may adop t 290
rules to stagger the license expiration dates over a 2 -year 291
period. 292
(4)(a) A licensee must notify the department in writing at 293
least 30 days before changing a business location. The 294
department shall issue to the licensee an amended license that 295
shows the new business location. 296
(b) Within 10 days after a person listed in paragraph 297
(1)(f) begins his or her duties with a licensee, the licensee 298
must submit a set of the person's fingerprints in the manner 299
prescribed by the department and an affidavit of th e person's 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
criminal history, if any. 301
Section 6. Section 559.9714, Florida Statutes, is created 302
to read: 303
559.9714 Fingerprinting and criminal background checks for 304
license applications. — 305
(1)(a) A license applicant and each person listed in s. 306
559.9713(1)(f) must be fingerprinted and undergo background 307
screening for criminal history records as defined in s. 943.045. 308
The department shall submit each set of fingerprints to the 309
Department of Law Enforcement for state criminal history record 310
checks, and the Department of Law Enforcement shall forward the 311
fingerprints to the Federal Bureau of Investigation for national 312
criminal history record checks. The cost of the fingerprint 313
processing and criminal history record checks shall be borne by 314
the locksmith services business or the person required to be 315
fingerprinted and shall be paid to the Department of Law 316
Enforcement. The results of the criminal history record checks 317
shall be returned to the Department of Agriculture and Consumer 318
Services, and the Departmen t of Agriculture and Consumer 319
Services shall screen the results to determine whether the 320
person is disqualified from licensure or from performing 321
locksmith services under subsection (2). 322
(b) If a legible set of fingerprints, as determined by the 323
Department of Law Enforcement or the Federal Bureau of 324
Investigation, cannot be obtained after two attempts, the 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
department shall determine whether the person is disqualified 326
based upon criminal history record checks under the person's 327
name conducted by the Depart ment of Law Enforcement and the 328
Federal Bureau of Investigation. 329
(2) A person required to undergo background screening 330
pursuant to this section to qualify for licensure or for 331
performing locksmith services must not have, within the previous 332
10 years: 333
(a) Been convicted or found guilty of, or pled guilty or 334
nolo contendere to; or 335
(b) Been incarcerated as a result of having previously 336
been convicted or found guilty of, or pled guilty or nolo 337
contendere to, regardless of adjudication, 338
339
a felony or a crime involving trespass, burglary, theft, 340
larceny, dealing in stolen property, receiving stolen property, 341
embezzlement, obtaining property by false pretenses, possession 342
of altered property, or any other fraudulent or dishonest 343
dealing. 344
(3)(a) All fingerprints submitted to the Department of Law 345
Enforcement as required by this section shall be retained by the 346
Department of Law Enforcement in a manner provided by rule and 347
entered in the statewide automated biometric identification 348
system authorized under s. 943.05(2)(b). The fingerprints must 349
thereafter be available for all purposes and uses authorized for 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
arrest fingerprints entered in the statewide automated biometric 351
identification system pursuant to s. 943.051. 352
(b) The Department of Law Enforcement shal l search all 353
fingerprints received under this section against the 354
fingerprints retained in the statewide automated biometric 355
identification system. Any arrest record that is identified with 356
the retained fingerprints of a person subject to background 357
screening under this section shall be reported to the Department 358
of Agriculture and Consumer Services and the locksmith services 359
business. Each locksmith services business must participate in 360
the screening process by notifying the Department of Law 361
Enforcement of any change in the status of the license applicant 362
or a person listed s. 559.9713(1)(f) if, as a result of the 363
change, the fingerprints of the applicant or the person are no 364
longer required to be retained under paragraph (a). 365
(4) Before expiration of th e time limit in s. 120.60 for 366
approving an application, if the Department of Agriculture and 367
Consumer Services does not receive any criminal history record 368
for the license applicant or a person listed in s. 369
559.9713(1)(f), or receives a criminal history re cord that 370
includes a crime that may disqualify the applicant or the person 371
but does not include a final disposition of the criminal case, 372
the time limit in s. 120.60 for approving the application is 373
extended until the department's receipt of the criminal h istory 374
record of the applicant or the person or until the final 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
disposition of the criminal case or proof of restoration of the 376
civil rights of the applicant or the person, as applicable. 377
(5) The Department of Law Enforcement shall provide the 378
department, upon request, with any criminal history information 379
in its possession of a person who is: 380
(a) A licensee or applicant for a license under this part; 381
or 382
(b) Employed by a licensee or applicant for a license 383
under this part. 384
Section 7. Section 559. 9715, Florida Statutes, is created 385
to read: 386
559.9715 Licensure through endorsement and reciprocity 387
agreements.— 388
(1) A person may be licensed as a locksmith services 389
business in this state upon applying to the department and 390
demonstrating to the departm ent that the applicant: 391
(a) Meets the qualifications for licensure in s. 559.9713; 392
or 393
(b) Holds a valid locksmith services business license, or 394
the equivalent thereof, issued by another state, a territory or 395
possession of the United States, the Distric t of Columbia, or 396
the Commonwealth of Puerto Rico if the department has 397
established reciprocity with such entity. 398
(2) The department may establish reciprocity with another 399
state, a territory or possession of the United States, the 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
District of Columbia, o r the Commonwealth of Puerto Rico and may 401
adopt criteria for establishing reciprocity, subject to the 402
following: 403
(a) The licensing requirements of the other state, the 404
territory or possession of the United States, the District of 405
Columbia, or the Commonw ealth of Puerto Rico must substantially 406
meet or exceed the requirements of s. 559.9713. 407
(b) The other state, the territory or possession of the 408
United States, the District of Columbia, or the Commonwealth of 409
Puerto Rico must issue a license, or the equiv alent thereof, to 410
a locksmith services business that is licensed in this state and 411
seeks to do business in the other state, the territory or 412
possession of the United States, the District of Columbia, or 413
the Commonwealth of Puerto Rico. 414
Section 8. Section 559.9716, Florida Statutes, is created 415
to read: 416
559.9716 License renewals. —Each locksmith services 417
business license must be renewed biennially on or before the 418
license's expiration date. To apply for renewal of a license, 419
the licensee must submit all of the following to the department: 420
(1) A renewal application in the format prescribed by the 421
department which includes the information required for initial 422
licensure in s. 559.9713(1). 423
(2) Proof of liability insurance coverage as required in 424
s. 559.9718. 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) For each person listed in s. 559.9713(1)(f), an 426
updated affidavit of the person's criminal history, if any. 427
(4) For each person listed in s. 559.9713(1)(f) who has 428
not undergone background screening, a set of fingerprints 429
submitted in the manner prescribed by the department and an 430
affidavit of the person's criminal history, if any. 431
Section 9. Section 559.9717, Florida Statutes, is created 432
to read: 433
559.9717 Denial, suspension, revocation, or refusal to 434
renew license.—The department may deny, suspend, revoke, or 435
refuse to renew the license of a locksmith services business 436
based upon a determination that the locksmith services business 437
or any person listed in s. 559.9713(1)(f): 438
(1) Failed to meet the requirements for licensure as 439
provided in this part; 440
(2) Is disqualified from licensure or from performing 441
locksmith services based upon background screening pursuant to 442
s. 559.9714(2); 443
(3) Failed to satisfy a civil penalty, administrative 444
fine, or other penalty arising out of an admini strative or 445
enforcement action brought by any governmental agency; 446
(4) Received any civil, criminal, or administrative 447
adjudication in any jurisdiction; 448
(5) Has pending against the business or person any 449
criminal, administrative, or enforcement proceed ings in any 450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
jurisdiction; or 451
(6) Has had a judgment entered against the business or 452
person in any action brought under the Florida Deceptive and 453
Unfair Trade Practices Act in part II of chapter 501. 454
Section 10. Section 559.9718, Florida Statutes, is created 455
to read: 456
559.9718 Liability insurance. — 457
(1) A locksmith services business must maintain current 458
and valid liability insurance coverage of at least $100,000 per 459
incident for loss or damages resulting from the negligence of 460
the locksmith services business or any of its locksmiths, 461
apprentice locksmiths, employees, or agents. 462
(2) The insurance coverage required under subsection (1) 463
must be issued by an insurance company or carrier authorized to 464
do business in this state under the Florida Insuranc e Code. The 465
department shall require a locksmith services business to 466
present a policy or certificate of insurance of the required 467
coverage before issuance or renewal of a license. The department 468
shall be named as a certificateholder in the policy or 469
certificate and must be notified at least 30 days before any 470
changes in insurance coverage. 471
(3) If a locksmith services business does not maintain the 472
required insurance coverage, the department may immediately 473
suspend the business's license or eligibility fo r licensure and 474
the business shall immediately cease operating as a locksmith 475
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
services business. In addition, notwithstanding the availability 476
of administrative relief under chapter 120, the department may s 477
eek an immediate injunction in the circuit court of the county 478
in which the business is located which prohibits the locksmith 479
services business from operating until the business complies 480
with this section 481
and imposes a civil penalty not to exceed $10,000 and 482
reasonable court costs. 483
Section 11. Section 559.9719, Florida Statutes, is created 484
to read: 485
559.9719 Locksmith, automotive -only locksmith, and 486
apprentice locksmith training; personnel records and 487
identification cards; license displays. — 488
(1) A person may not perform locksmith services on behalf 489
of a locksmith services business unless the person is the 490
licensee or one of the following: 491
(a) A locksmith. Except as provided in paragraph (b), a 492
locksmith must be 18 years of age or older and complete 16 hours 493
of training, including training in industry ethics, the 494
Americans with Disabilities Act, the Florida Building Code, the 495
Florida Fire Prevention Code, and the Life Safety Code. 496
(b) An automotive-only locksmith. An automotive -only 497
locksmith must be 18 years of age or older and complete a 498
training course in industry ethics. 499
(c) An apprentice locksmith. An apprentice locksmith must 500
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be 15 years of age or older and complete a minimum of 16 hours 501
of training, including training in industry ethics, the 502
Americans with Disabilities Act, the Flori da Building Code, the 503
Florida Fire Prevention Code, and the Life Safety Code. An 504
apprentice locksmith may perform locksmith services only under 505
the direct and continuous supervision of a locksmith or 506
automotive-only locksmith. An apprentice locksmith may n ot 507
perform or contract to perform locksmith services without the 508
express approval of his or her supervising locksmith. The 509
supervising locksmith is responsible for any violation of this 510
part committed by the apprentice locksmith. 511
(2) Every 2 years, a loc ksmith or automotive -only 512
locksmith must complete at least 8 hours of training, including 513
training on the Americans with Disabilities Act, the Florida 514
Building Code, the Florida Fire Prevention Code, and the Life 515
Safety Code. 516
(3) A locksmith services bus iness must maintain a 517
personnel record of each locksmith, automotive -only locksmith, 518
and apprentice locksmith who performs locksmith services on 519
behalf of the licensee. The personnel record must include: 520
(a) A copy of a photograph taken of the locksmith, 521
automotive-only locksmith, and apprentice locksmith within 10 522
days after the date that he or she begins performing locksmith 523
services on behalf of the licensee. The photograph shall be 524
replaced with a current photograph at least once every 2 525
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calendar years. 526
(b) An affidavit of the criminal history, if any, of the 527
locksmith, automotive -only locksmith, and apprentice locksmith 528
and the results of the background screening conducted pursuant 529
to s. 559.9714. 530
(c) Each certificate showing completion of the training 531
required in subsections (1) and (2). 532
(4)(a) A locksmith services business shall issue a photo 533
identification card to each locksmith, automotive -only 534
locksmith, and apprentice locksmith performing locksmith 535
services on behalf of the licensee. A p hoto identification card 536
must contain the name and photograph of the locksmith or 537
apprentice, the name of the locksmith services business, and the 538
license number. The photograph on the photo identification card 539
shall be replaced with a current photograph a t least once every 540
2 calendar years. The photo identification card must also 541
include: 542
1. For a locksmith or automotive -only locksmith, the word 543
"Locksmith." 544
2. For an apprentice locksmith, the word "Apprentice." 545
(b) A locksmith, automotive -only locksmith, and apprentice 546
locksmith must display the photo identification card on his or 547
her person at all times while performing locksmith services. 548
(5) A locksmith services business must display a copy of 549
its license at each business location in a manner ea sily 550
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readable by the general public. A mobile locksmith services 551
business shall keep a copy of its license in each service 552
vehicle for immediate presentation to any law enforcement 553
officer, state or local official, or member of the general 554
public upon request. 555
(6) Each advertisement or other form of advertising, each 556
service vehicle, and each work order, invoice, sales receipt, or 557
other business form of a licensee must include the license 558
number and name of the locksmith services business as the 559
license number and name appear on the license issued by the 560
department. 561
Section 12. Section 559.97191, Florida Statutes, is 562
created to read: 563
559.97191 Methods of payment for locksmith services; 564
recordkeeping.— 565
(1) A locksmith services business shall accept at least 566
two of the following methods of payment: 567
(a) Cash, cashier's check, money order, or traveler's 568
check. 569
(b) Valid personal check, showing upon its face the name 570
and address of the person or an authorized representative for 571
whom the locksmith ser vices were performed. 572
(c) Valid credit card, which includes, but is not limited 573
to, Visa or MasterCard. 574
(2) A locksmith services business shall clearly and 575
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conspicuously disclose to the person requesting locksmith 576
services in a work order, invoice, or sales receipt the methods 577
of payment that the locksmith services business accepts. 578
(3)(a) A locksmith services business must retain a copy of 579
each work order, invoice, and sales receipt for at least 2 580
years. 581
(b) Each work order, invoice, and sales rece ipt must 582
include the name of the person performing the service. 583
(c) A copy of each work order, invoice, and sales receipt 584
must be readily available for inspection at any time during 585
normal business hours by a law enforcement officer or by the 586
department. 587
Section 13. Section 559.97192, Florida Statutes, is 588
created to read: 589
559.97192 Locksmith tools. — 590
(1) This section does not apply to: 591
(a) A licensee. 592
(b) A locksmith or an apprentice locksmith performing 593
locksmith services on behalf of a licens ee. 594
(c) A motor vehicle dealer as defined in s. 320.27(1)(c). 595
(d) A recovery agent licensed under part IV of chapter 596
493. 597
(e) A wrecker operator as defined in s. 1.01(15). 598
(f) A lock manufacturer or the lock manufacturer's agent 599
who has a reasonable need to possess locksmith tools, 600
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implements, or outfits for demonstration, testing, or research 601
purposes. 602
(2) Except as otherwise provided in subsection (1), a 603
person may not obtain, own, or possess locksmith tools, 604
implements, or outfits, in any forma t, either in person, through 605
an intermediary, through mail order, or by any other procurement 606
method. As used in this subsection, the term "locksmith tools" 607
includes, but is not limited to: 608
(a) A bump key, which is a fabricated, specially shaped or 609
modified key intended to be used to unlock a lock by any means 610
other than the specific method designed for the normal operation 611
of opening the lock. 612
(b) A car-opening tool, which is a metal, cloth, nylon, 613
rubber, or plastic tool or device designed to enter, b ypass, or 614
otherwise overcome the locking systems or locking mechanisms of 615
a motor vehicle by any means other than the specific method 616
designed for the normal operation of opening the lock. 617
(c) A change key, which is a key planned and cut to 618
operate a specific group or series of locks that all have the 619
same combination of tumblers, pins, or wafers. 620
(d) A manual or codebook, which is a compilation, in any 621
form, of key codes. 622
(e) A code-grabbing device, which is a device that can 623
receive, record, or r eceive and record the code signal sent by 624
the transmitter of a motor vehicle's security, alarm, or 625
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immobilizer system and play back the signal to disarm, bypass, 626
or neutralize the system. 627
(f) A lock pick, which is a manual, electric, or 628
electronic tool or device used to bypass, override, or 629
neutralize a lock by any means other than the specific method 630
designed for the normal operation of opening the lock. 631
(g) A manipulation key, which is a key other than a change 632
or master key which can be variably posi tioned or manipulated in 633
a keyway to bypass, override, or neutralize a lock by any means 634
other than the specific method designed for the normal operation 635
of opening the lock. As used in this paragraph, the term 636
"manipulation key" includes wiggle and bump k eys. 637
(h) A master key, which is a key planned or cut to operate 638
all locks in a series or group of locks, with each lock in the 639
series or group having its own unique key. As used in this 640
paragraph, the term "master key" includes sub -master, grand 641
master, great grand master, emergency override, and maid's keys. 642
(i) A safe-opening tool, which is a tool designed, or 643
intended by the user to be used, to open a safe, vault, safe -644
deposit box, or similar object by means other than that which is 645
intended by the manufacturer of the safe, vault, safe -deposit 646
box, or similar object for normal opening. 647
(j) A tryout key, which is a manipulation key that may or 648
may not be one of a set of similar keys used for a specific 649
series, keyway, or brand of lock to open, bypass , override, or 650
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neutralize a lock by means other than intended by the 651
manufacturer. 652
Section 14. Section 559.97193, Florida Statutes, is 653
created to read: 654
559.97193 Prohibited acts. — 655
(1) A person may not: 656
(a) Perform or offer to perform locksmith se rvices without 657
having or acting under a valid license issued by the department 658
under this part. 659
(b) Advertise or represent himself or herself as a 660
locksmith services business without having a valid license 661
issued by the department under this part. 662
(2) A licensee, or a locksmith, apprentice locksmith, or 663
other person acting on behalf of a licensee, may not: 664
(a) Fraudulently misuse a consumer's credit card. 665
(b) Require a consumer to waive his or her rights provided 666
in this part as a precondition to th e performance of locksmith 667
services. 668
(c) Fail or refuse, after notice, to provide a law 669
enforcement officer or the department with any document or 670
record or disclose any information required to be produced or 671
disclosed. 672
(d) Employ or contract with any person disqualified under 673
s. 559.9714 to perform locksmith services on behalf of the 674
licensee. 675
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(e) Submit to the department the fingerprints of a person 676
other than the person for whom fingerprints must be submitted 677
pursuant to s. 559.9714 or fail to subm it replacement 678
fingerprints for a locksmith or apprentice locksmith whose 679
original fingerprint submissions are returned to the department 680
as unclassifiable by the screening agency. 681
(f) Use a mailing address, registration facility, drop 682
box, or answering service in the promotion, advertisement, 683
solicitation, or sale of locksmith services, unless the street 684
address of the licensed business location is clearly disclosed 685
during any telephone solicitation and is prominently and 686
conspicuously disclosed in all a dvertisements and on the work 687
orders, invoices, and sales receipts. 688
(g) Operate as a locksmith services business at a business 689
location other than the location that appears on the license 690
issued by the department. 691
(h) Make a false statement in response to a request or 692
investigation by the department, the Department of Legal 693
Affairs, a law enforcement officer, or a state attorney. 694
(i) Make a material false statement in an application, 695
document, or record required to be submitted or kept under this 696
part. 697
(j) Commit any other act of fraud or misrepresentation or 698
fail to disclose a material fact. 699
(k) Disclose or permit the disclosure of any consumer 700
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information without the consumer's written approval, except as 701
authorized by this part. 702
(l) Violate this part or any rule adopted or order issued 703
under this part. 704
Section 15. Section 559.97194, Florida Statutes, is 705
created to read: 706
559.97194 Civil penalties; remedies. — 707
(1) A consumer injured by a violation of this part may 708
bring an action in the ap propriate court for relief. The court 709
shall award reasonable costs and attorney fees to the prevailing 710
party. The consumer may also bring an action for injunctive 711
relief in the circuit court. 712
(2)(a) The department may bring an action in a court of 713
competent jurisdiction to recover any penalties or damages 714
authorized in this part and for injunctive relief to enforce 715
this part. 716
(b) The department may seek a civil penalty of up to 717
$10,000 for each violation of this part. 718
(c) The department may seek restitution for and on behalf 719
of any consumer injured by a violation of this part. 720
(3) An agreement or representation that waives, limits, 721
restricts, or avoids any duty, obligation, or requirement of a 722
locksmith services business, as provided in this pa rt, is void. 723
(4) A remedy provided in this part is in addition to any 724
other remedy otherwise available for the same conduct. 725
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Section 16. Section 559.97195, Florida Statutes, is 726
created to read: 727
559.97195 Administrative sanctions; criminal penalties .— 728
(1) The department shall process a consumer complaint 729
against a locksmith services business in the manner described in 730
ss. 570.07 and 570.544. 731
(2) A locksmith services business shall allow department 732
personnel to enter its business locations for pur poses of 733
determining whether the license is current. If department 734
personnel are refused entry or access to the premises, the 735
department may seek injunctive relief in circuit court to 736
enforce this subsection. 737
(3) If the department determines that a locks mith services 738
business has violated, or is operating in violation of, this 739
part or any rules adopted or orders issued under this part, the 740
department may enter an order doing one or more of the 741
following: 742
(a) Issuing a notice of noncompliance under s. 12 0.695. 743
(b) Imposing an administrative fine not to exceed $10,000 744
for each act or omission. 745
(c) Directing that the locksmith services business cease 746
and desist specified activities. 747
(d) Refusing to issue or renew, suspending, or revoking a 748
license. 749
(e) Placing the licensee on probation for a specified 750
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period, subject to conditions specified by the department. 751
(4) Administrative proceedings that may result in an order 752
imposing any of the penalties specified in subsection (3) are 753
governed by chapter 120. 754
(5) In a final order imposing an administrative fine or 755
refusing to issue or renew, suspending, or revoking a license, 756
the department may assess against the sanctioned party the cost 757
of conducting the administrative proceedings, unless the 758
department determines that the offense was inadvertent or done 759
in a good faith belief that the act or omission did not violate 760
a state law or rule. An assessment is limited to the reasonable 761
hourly rate of the hearing officer and the actual cost of 762
recording or transcribing the proceedings. 763
(6)(a) The department shall prominently post a "Closed by 764
Order of the Department" sign at a business location of a 765
locksmith services business whose license is suspended or 766
revoked. The department shall also post the sign at a business 767
location of a locksmith services business that is judicially or 768
administratively determined to be operating without a license. 769
(b) A person who defaces or removes the sign described in 770
paragraph (a) without written authorization from the depart ment, 771
or a locksmith services business that opens for operation 772
without a license or opens for operation as a locksmith services 773
business while its license is suspended or revoked, commits a 774
misdemeanor of the second degree, punishable as provided in s. 775
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775.082 or s. 775.083. 776
(c) A criminal penalty imposed under this subsection shall 777
be in addition to any administrative sanction imposed by the 778
department under subsection (3). 779
Section 17. Section 559.97196, Florida Statutes, is 780
created to read: 781
559.97196 Unfair and deceptive trade practices. —A person 782
who violates any provision of this part commits an unfair and 783
deceptive trade practice and is subject to the penalties and 784
remedies provided in part II of chapter 501. 785
Section 18. Section 559.97 197, Florida Statutes, is 786
created to read: 787
559.97197 Criminal penalties. —A person who violates: 788
(1) Section 559.97192 or s. 559.97193 commits a 789
misdemeanor of the first degree, punishable as provided in s. 790
775.082 or s. 775.083. 791
(2) Section 559.97192 with the intent of committing 792
burglary, robbery, or larceny commits a felony of the third 793
degree, punishable as provided in s. 775.082, s. 775.083, or s. 794
775.084. 795
Section 19. Section 559.97198, Florida Statutes, is 796
created to read: 797
559.97198 Rulemaking authority.—The department shall adopt 798
rules to administer this part. The rules must include, but need 799
not be limited to, the following: 800
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(1) Requirements and procedures for the licensure of 801
locksmith services businesses. 802
(2) Requirements and procedures for the fingerprinting and 803
background screening of license applicants and persons listed in 804
s. 559.9713(1)(f) for criminal history records. 805
(3) Forms required to implement this part, including 806
license applications, renewal applications, finger print 807
submissions, affidavits of criminal history, and photo 808
identification cards. 809
(4) Establishment and periodic update of a background 810
screening fee schedule to incorporate fee changes by the Federal 811
Bureau of Investigation, the Department of Law Enfor cement, and 812
other entities involved in conducting the background screenings. 813
(5) Methods of obtaining and renewing photographs for 814
photo identification cards. 815
(6) Use and display of licenses and license numbers. 816
Section 20. Section 559.97199, Flori da Statutes, is 817
created to read: 818
559.97199 Deposit and use of revenues from fees, civil 819
penalties, and fines. —Any fees, civil penalties, administrative 820
fines, or other funds collected by the department pursuant to 821
this part shall be deposited into the Ge neral Inspection Trust 822
Fund and used to administer this part. 823
Section 21. Section 559.981, Florida Statutes, is created 824
to read: 825
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559.981 Preemption; local business tax receipts. — 826
(1) This part preempts any local act, law, ordinance, or 827
regulation of a county or municipality that relates to locksmith 828
services, locksmiths, or locksmith services businesses. 829
(2) A county or municipality may not issue or renew a 830
local business tax receipt for a locksmith services business 831
unless the person applying for or renewing the local business 832
tax receipt exhibits a valid license issued by the department. 833
Section 22. Section 559.9811, Florida Statutes, is created 834
to read: 835
559.9811 Florida Locksmith Services Advisory Council. —The 836
Florida Locksmith Services Ad visory Council, a council as 837
defined in s. 20.03, is created within the department to advise 838
and assist the department in carrying out this part. The council 839
shall comply with s. 20.052, except as otherwise provided in 840
this section. 841
(1) The council shall be composed of the following 842
members, appointed by the Commissioner of Agriculture: 843
(a) Six industry members who are owners or employees of 844
locksmith services businesses licensed under this part, as 845
follows: 846
1. Five industry members who are locksmiths and owners or 847
employees of separate, licensed locksmith services businesses 848
who do not perform automotive -only locksmith services. 849
2. One member who is an automotive -only locksmith and an 850
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owner or employee of a licensed locksmith services business. 851
(b) One member who is an electrical contractor certified 852
under part II of chapter 489. 853
(c) One member who has private investigative, private 854
security, motor vehicle recovery, or law enforcement experience 855
or expertise. 856
(d) One member who is a consumer an d is not affiliated 857
with any locksmith services business. 858
859
Each member must be a resident of this state. Each member, 860
except the consumer member, must have at least 3 years of 861
experience and be currently engaged in the profession. Initial 862
industry members must be owners or employees of locksmith 863
services businesses, but, notwithstanding paragraph (a), the 864
locksmith services businesses of the initial members are not 865
required to be licensed. 866
(2) Members shall be appointed for 4 -year terms and must 867
be geographically representative of this state. However, for the 868
purpose of providing staggered terms, of the initial 869
appointments, the members who are not industry members and who 870
are appointed under paragraph (1)(b), paragraph (1)(c), or 871
paragraph (1)(d) shall be appointed to 2-year terms. A member 872
whose term expires shall continue to serve until his or her 873
successor is appointed. A vacancy occurring before the 874
expiration of a member's term shall be filled by the 875
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commissioner for the remainder of the term. 876
(3)(a) The council shall annually elect a chair and a vice 877
chair from among its members. 878
(b) The council shall meet at the call of the chair, upon 879
the request of a majority of its membership, or upon the request 880
of the Commissioner of Agriculture. 881
(c) In conducting its meetings, the council shall use 882
accepted rules of procedure. The department shall keep a 883
complete record of each meeting, which must show the names of 884
the members present and actions taken. The department shall keep 885
the records of the council. 886
(4) Members of the council shall serve without 887
compensation but are entitled to per diem and travel expenses as 888
provided in s. 112.061. 889
(5) The department shall provide administrative and staff 890
support for the council. 891
(6) The council may review any rules adopted by the 892
department pursuant to this part and may advise the department 893
on matters relating to advancements in industry standards, 894
practices, and other issues that require technical expertise and 895
consultation or that promote consumer protectio n in the 896
locksmith services industry. 897
(7) In accordance with s. 20.052(8), this section is 898
repealed October 2, 2028, unless reviewed and saved from repeal 899
through reenactment by the Legislature. 900
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Section 23. This act shall take effect July 1, 2025. 901