§ 8A-359. Exemptions.

(a)

This article shall not apply to the following persons as long as these persons do not hold themselves out to the public as locksmiths:

(1)

Any person or his or her agent or employee who is the manufacturer of a product other than locks and keys and who installs, repairs, opens or modifies locks for that product or who makes keys for the locks of that product as a normal incident to that product's marketing.

(2)

Tow truck operators or repossessors who do not originate keys for locks and whose locksmith services are limited to gaining access to motor vehicles in the normal course of their duties, except that tow truck operators shall comply with Section 8A-369(b). Tow truck operators and repossessors may possess tools exclusively designed to open motor vehicles.

(3)

Any person or his or her agent or employee whose activities are limited to making a duplicate key from an existing key with a key duplication machine, except that such person or his or her agent or employee shall comply with the provisions in Section 8A-369(p), (q), and (r).

(4)

Members of law enforcement, fire rescue and other emergency government service agencies who provide life threatening opening services in their official line of duty.

(5)

Sales representatives of key and lock manufacturers who make bona fide sales demonstrations to locksmiths.

(6)

Members of the building trades such as carpenters, construction workers and contractors who install or remove complete locks, locking devices or access control devices during the normal course of residential or commercial new construction.

(7)

Any person or his or her agent or employee whose activities are limited to installing, maintaining, repairing, altering, adding or changing any system electrically energized, in whole or in part, for the detection, prevention or control of burglary, fire, noxious gases, liquid or atomic radiation as set forth in Section 10-2(II)(B)(3) and (4) in the Code of Miami-Dade County.

(8)

An individual who performs locksmith services for himself or herself or for his or her immediate family members without compensation.

(9)

Any person who performs locksmith work or services on nonresidential public facilities, equipment or vehicles arising out of his/her job duties as a public employee for a public employer.

(10)

Any retail establishment for which the only locksmith services provided are re-keying or re-combination services or both provided that:

(i)

The services provided by the retail establishment are limited to re-keying and re-combination of locks.

(ii)

All re-keying, re-combination, and installation of locks take place on the premises of the retail establishment.

(iii)

All re-keying, re-combination, and installation services provided by the retail establishment are limited to locks purchased on the retail establishment premises.

(iv)

All agents and employees of the retail establishment performing these services are trained by the manufacturer of the locks to perform these services, and the manufacturer issues written evidence to the retail establishment demonstrating that said agent or employee has been adequately trained.

(v)

No agent or employee of the retail establishment shall advertise or represent himself or herself to be a locksmith under this article.

(vi)

No agent or employee of the retail establishment shall design or implement a master key system.

(vii)

No agent or employee of the retail establishment shall re-key, change the combination of, alter, or install any automotive locks;

(viii)

The retail establishment carries minimum combined liability insurance of one million dollars ($1,000,000.00).

(ix)

The retail establishment, in the ordinary course of business, performs criminal background investigations of all employees performing services, and does not employ any person who does not meet the requirements set forth in Sections 8A-362(a)(3) and (4) and Sections 8A-366(a)(4) and (5) of this Code.

(x)

The retail establishment does not have on its premises any locksmith tool as defined in Section 8A-350(q) other than key duplication machines, key blanks, and pin kits; and

(xi)

All documentation referenced above regarding evidence of training, and results of criminal background investigations are kept on the premises of the retail establishment and are available for inspection and copying to authorized County employees and agents as well as to all law enforcement personnel during normal business hours.

(b)

This article shall apply to all locksmith and locksmith businesses including locksmiths and locksmith businesses that perform work on motor vehicles. However, this article shall not apply to motor vehicle repair shops, mechanics and technicians who service, install, repair, or rebuild automotive locks, provided that they do not hold themselves out to the public as locksmiths and they comply with the provisions of Article VIIA, Miami-Dade County Motor Vehicle Repair Ordinance.

(c)

Notwithstanding any other provision of this Code, locksmiths who are registered, licensed or authorized pursuant to this article shall be exempt from Article VIIA, Chapter 8A and Article VI, Section 10-2 of the Code of Miami-Dade County, Florida.

(Ord. No. 95-23, § 1, 2-7-95; Ord. No. 97-110, § 1, 7-8-97; Ord. No. 97-159, § 1, 9-23-97; Ord. No. 98-110, § 1, 7-21-98; Ord. No. 01-03, § 1, 1-23-01)