September 23, 2020
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CS/HB 1445

1
A bill to be entitled
2An act relating to the Department of Agriculture and
3Consumer Services; amending s. 403.9336, F.S.; revising a
4reference to the Model Ordinance for Florida-Friendly
5Fertilizer Use on Urban Landscapes; amending s. 403.9337,
6F.S.; specifying a certain edition of the model ordinance
7for adoption by certain counties and municipalities;
8authorizing the Department of Environmental Protection to
9adopt rules updating the model ordinance; revising the
10criteria for a local government's adoption of additional
11or more stringent standards; exempting lands used for
12certain research from provisions regulating fertilizer use
13on urban landscapes; amending s. 493.6102, F.S.;
14specifying that provisions regulating security officers do
15not apply to certain law enforcement, correctional, and
16probation officers performing off-duty activities;
17amending s. 493.6105, F.S.; revising the application
18requirements and procedures for certain private
19investigative, private security, recovery agent, and
20firearm licenses; specifying application requirements for
21firearms instructor licenses; amending s. 493.6106, F.S.;
22revising citizenship requirements and documentation for
23certain private investigative, private security, and
24recovery agent licenses; prohibiting the licensure of
25applicants for a statewide firearm license or firearms
26instructor license who are prohibited from purchasing or
27possessing firearms; requiring that private investigative,
28security, and recovery agencies notify the Department of
29Agriculture and Consumer Services of changes to their
30branch office locations; amending s. 493.6107, F.S.;
31requiring the department to accept certain methods of
32payment for certain fees; amending s. 493.6108, F.S.;
33revising requirements for criminal history checks of
34license applicants whose fingerprints are not legible;
35requiring the investigation of the mental and emotional
36fitness of applicants for firearms instructor licenses;
37amending s. 493.6111, F.S.; requiring a security officer
38school or recovery agent school to obtain the department's
39approval for use of a fictitious name; specifying that a
40licensee may not conduct business under more than one
41fictitious name; amending s. 493.6113, F.S.; revising
42application renewal procedures and requirements; amending
43s. 493.6115, F.S.; conforming cross-references; amending
44s. 493.6118, F.S.; authorizing disciplinary action against
45statewide firearm licensees and firearms instructor
46licensees who are prohibited from purchasing or possessing
47firearms; amending s. 493.6121, F.S.; deleting provisions
48for the department's access to certain criminal history
49records provided to licensed gun dealers, manufacturers,
50and exporters; amending s. 493.6202, F.S.; requiring the
51department to accept certain methods of payment for
52certain fees; amending s. 493.6203, F.S.; prohibiting
53bodyguard services from being credited toward certain
54license requirements; revising the training requirements
55for private investigator intern license applicants;
56requiring the automatic suspension of an intern's license
57under certain circumstances; providing an exception;
58amending s. 493.6302, F.S.; requiring the department to
59accept certain methods of payment for certain fees;
60amending s. 493.6303, F.S.; revising the training
61requirements for security officer license applicants;
62amending s. 493.6304, F.S.; revising application
63requirements and procedures for security officer school
64licenses; amending s. 493.6401, F.S.; revising terminology
65for recovery agent schools and training facilities;
66amending s. 493.6402, F.S.; revising terminology for
67recovery agent schools and training facilities; requiring
68the department to accept certain methods of payment for
69certain fees; amending s. 493.6406, F.S.; revising
70terminology; requiring recovery agent school and
71instructor licenses; providing license application
72requirements and procedures; amending ss. 501.605 and
73501.607, F.S.; revising application requirements for
74commercial telephone seller and salesperson licenses;
75amending s. 501.913, F.S.; specifying the sample size
76required for antifreeze registration application; amending
77s. 525.01, F.S.; revising requirements for petroleum fuel
78affidavits; amending s. 525.09, F.S.; imposing an
79inspection fee on certain alternative fuels containing
80alcohol; amending s. 526.50, F.S.; defining terms
81applicable to regulation of the sale of brake fluid;
82amending s. 526.51, F.S.; revising brake fluid permit
83application requirements; deleting permit renewal
84requirements; providing for reregistration of brake fluid;
85establishing fees; amending s. 526.52, F.S.; revising
86requirements for printed statements on brake fluid
87containers; amending s. 526.53, F.S.; revising
88requirements and procedures for brake fluid stop-sale
89orders; authorizing businesses to dispose of unregistered
90brake fluid under certain circumstances; amending s.
91527.0201, F.S.; revising requirements for liquefied
92petroleum gas qualifying examinations; increasing
93continuing education requirements for certain liquefied
94petroleum gas qualifiers; amending s. 527.12, F.S.;
95providing for the issuance of certain stop orders;
96amending ss. 559.805 and 559.928, F.S.; deleting social
97security numbers as a listing requirement on registration
98affidavits for independent agents of sellers of business
99opportunities; amending s. 570.0725, F.S.; revising
100provisions for public information about food banks and
101similar food recovery programs; authorizing the department
102to adopt rules; amending ss. 570.53 and 570.54, F.S.;
103conforming cross-references; amending s. 570.55, F.S.;
104revising requirements for identifying sellers or handlers
105of tropical or subtropical fruit or vegetables; amending
106s. 570.902, F.S.; conforming terminology to the repeal by
107the act of provisions establishing the Florida
108Agricultural Museum; amending s. 570.903, F.S.; revising
109provisions for direct-support organizations for certain
110agricultural programs to conform to the repeal by the act
111of provisions establishing the Florida Agricultural
112Museum; deleting provisions for a direct-support
113organization for the Florida State Collection of
114Arthropods; amending s. 573.118, F.S.; requiring the
115department to maintain records of marketing orders;
116requiring an audit at the request of an advisory council;
117requiring that the advisory council receive a copy of the
118audit within a specified time; amending s. 581.011, F.S.;
119deleting terminology relating to the Florida State
120Collection of Arthropods; revising the term "nursery" for
121purposes of plant industry regulations; amending s.
122581.211, F.S.; increasing the maximum fine for violations
123of plant industry regulations; amending s. 583.13, F.S.;
124deleting a prohibition on the sale of poultry without
125displaying the poultry grade; amending s. 590.125, F.S.;
126revising terminology for open burning authorizations;
127specifying purposes of certified prescribed burning;
128requiring the authorization of the Division of Forestry
129for certified pile burning; providing pile burning
130requirements; limiting the liability of property owners or
131agents engaged in pile burning; providing for the
132certification of pile burners; providing penalties for
133violations by certified pile burners; requiring rules;
134authorizing the division to adopt rules regulating
135certified pile burning; revising notice requirements for
136wildfire hazard reduction treatments; providing for
137approval of local government open burning authorization
138programs; providing program requirements; authorizing the
139division to close local government programs under certain
140circumstances; providing penalties for violations of local
141government open burning requirements; amending s. 590.14,
142F.S.; authorizing fines for violations of any division
143rule; providing penalties for certain violations;
144providing legislative intent; amending s. 599.004, F.S.;
145revising standards that a winery must meet to qualify as a
146certified Florida Farm Winery; amending s. 604.15, F.S.;
147revising the term "agricultural products" to make tropical
148foliage exempt from regulation under provisions relating
149to dealers in agricultural products; defining the term
150"responsible position"; amending s. 604.19, F.S.; revising
151requirements for late fees on agricultural products dealer
152applications; amending s. 604.25, F.S.; revising
153conditions under which the department may deny, refuse to
154renew, suspend, or revoke agricultural products dealer
155licenses; deleting a provision prohibiting certain persons
156from holding a responsible position with a licensee;
157amending s. 616.242, F.S.; authorizing the issuance of
158stop-operation orders for amusement rides under certain
159circumstances; amending s. 686.201, F.S.; exempting
160contracts involving a seller of travel from requirements
161for certain sales representative contracts; amending s.
162790.06, F.S.; authorizing a concealed firearm license
163applicant to submit fingerprints administered by the
164Division of Licensing; repealing ss. 570.071 and 570.901,
165F.S., relating to the Florida Agricultural Exposition and
166the Florida Agricultural Museum; providing an effective
167date.
168
169Be It Enacted by the Legislature of the State of Florida:
170
171     Section 1.  Section 403.9336, Florida Statutes, is amended
172to read:
173     403.9336  Legislative findings.-The Legislature finds that
174the implementation of the Model Ordinance for Florida-Friendly
175Fertilizer Use on Urban Landscapes (2008), which was developed
176by the department in conjunction with the Florida Consumer
177Fertilizer Task Force, the Department of Agriculture and
178Consumer Services, and the University of Florida Institute of
179Food and Agricultural Sciences, will assist in protecting the
180quality of Florida's surface water and groundwater resources.
181The Legislature further finds that local conditions, including
182variations in the types and quality of water bodies, site-
183specific soils and geology, and urban or rural densities and
184characteristics, may necessitate the implementation of
185additional or more stringent fertilizer management practices at
186the local government level.
187     Section 2.  Section 403.9337, Florida Statutes, is amended
188to read:
189     403.9337  Model Ordinance for Florida-Friendly Fertilizer
190Use on Urban Landscapes.-
191     (1)  All county and municipal governments are encouraged to
192adopt and enforce the Model Ordinance for Florida-Friendly
193Fertilizer Use on Urban Landscapes (2009) as developed by the
194department in conjunction with the Florida Consumer Fertilizer
195Task Force, the Department of Agriculture and Consumer Services,
196and the University of Florida's Institute of Food and
197Agricultural Sciences, which the department may periodically
198update and adopt by rule, or an equivalent requirement as a
199mechanism for protecting local surface and groundwater quality.
200     (2)  Each county and municipal government located within
201the watershed of a water body or water segment that is listed as
202impaired by nutrients pursuant to s. 403.067, must shall, at a
203minimum, adopt the most recent version of the department's Model
204Ordinance for Florida-Friendly Fertilizer Use on Urban
205Landscapes. A local government may adopt additional or more
206stringent standards than the model ordinance if, before
207adoption, the following criteria are met:
208     (a)  The local government has implemented demonstrated, as
209part of a comprehensive program to address nonpoint sources of
210nutrient pollution but which is science-based, and economically
211and technically feasible, that additional or more stringent
212standards than the model ordinance are necessary in order to
213adequately address urban fertilizer contributions to nonpoint
214source nutrient loading to a water body. A comprehensive program
215may include:
216     1.  Nonpoint source activities adopted as part of a basin
217management plan developed pursuant to s. 403.067(7);
218     2.  Adoption of Florida-friendly landscaping requirements,
219as provided in s. 373.185, into the local government's
220development code; or
221     3.  The requirement for and enforcement of the
222implementation of low-impact development practices.
223     (b)  The local government has convened a workgroup composed
224of: a representative of the local government appointed by its
225governing body; a representative of the fertilizer applicator
226industry appointed by the Florida Nursery, Growers, and
227Landscape Association, Inc.; a representative of a retail
228business that sells fertilizer appointed by the Florida Retail
229Federation, Inc.; a representative of the Department of
230Environmental Protection; and a representative of the Department
231of Agriculture and Consumer Services, and the committee has
232conducted a review and provided a report that addresses the
233economical and technical feasibility of enforcing the proposed
234additional or more stringent standards.
235     (c)(b)  The local government documents in the public record
236the need for more stringent standards, including the
237scientifically documented vulnerability of waters within the
238local government's jurisdiction to nutrient enrichment due to
239landforms, soils, hydrology, climate, or geology, and the local
240government documents that it has requested and considered all
241relevant scientific information, including input from the
242department, the institute, the Department of Agriculture and
243Consumer Services, and the University of Florida's Florida
244Institute of Food and Agricultural Sciences, if provided, on the
245need for additional or more stringent provisions to address
246fertilizer use as a contributor to water quality degradation. If
247two or more entities providing such input question the
248scientific basis of the proposed standards, the local government
249shall, before adoption of the standards, address their specific
250concerns to the maximum extent practicable. All documentation
251must become part of the public record before adoption of the
252additional or more stringent criteria.
253     (3)  Any county or municipal government that adopted its
254own fertilizer use ordinance before January 1, 2009, is exempt
255from this section. Ordinances adopted or amended on or after
256January 1, 2009, must substantively conform to the most recent
257version of the model fertilizer ordinance and are subject to
258subsections (1) and (2), as applicable.
259     (4)  This section does not apply to the use of fertilizer:
260     (a)  On farm operations as defined in s. 823.14; or
261     (b)  On lands classified as agricultural lands pursuant to
262s. 193.461; or
263     (c)  On lands currently used or identified for use as part
264of urban stormwater, water quality, agronomic, or horticultural
265research.
266     Section 3.  Subsection (1) of section 493.6102, Florida
267Statutes, is amended to read:
268     493.6102  Inapplicability of this chapter.-This chapter
269shall not apply to:
270     (1)  Any individual who is an "officer" as defined in s.
271943.10(14), or is a law enforcement officer of the United States
272Government, while the such local, state, or federal officer is
273engaged in her or his official duties or, if approved by the
274officer's supervisors, when performing off-duty activities as a
275security officer activities approved by her or his superiors.
276     Section 4.  Section 493.6105, Florida Statutes, is amended
277to read:
278     493.6105  Initial application for license.-
279     (1)  Each individual, partner, or principal officer in a
280corporation, shall file with the department a complete
281application accompanied by an application fee not to exceed $60,
282except that the applicant for a Class "D" or Class "G" license
283is shall not be required to submit an application fee. The
284application fee is shall not be refundable.
285     (a)  The application submitted by any individual, partner,
286or corporate officer must shall be approved by the department
287before the prior to that individual, partner, or corporate
288officer assumes assuming his or her duties.
289     (b)  Individuals who invest in the ownership of a licensed
290agency, but do not participate in, direct, or control the
291operations of the agency are shall not be required to file an
292application.
293     (2)  Each application must shall be signed and verified by
294the individual under oath as provided in s. 92.525 and shall be
295notarized.
296     (3)  The application must shall contain the following
297information concerning the individual signing the application
298same:
299     (a)  Name and any aliases.
300     (b)  Age and date of birth.
301     (c)  Place of birth.
302     (d)  Social security number or alien registration number,
303whichever is applicable.
304     (e)  Current Present residence address and his or her
305residence addresses within the 5 years immediately preceding the
306submission of the application.
307     (f)  Occupations held presently and within the 5 years
308immediately preceding the submission of the application.
309     (f)(g)  A statement of all criminal convictions, findings
310of guilt, and pleas of guilty or nolo contendere, regardless of
311adjudication of guilt.
312     (g)  One passport-type color photograph taken within the 6
313months immediately preceding submission of the application.
314     (h)  A statement whether he or she has ever been
315adjudicated incompetent under chapter 744.
316     (i)  A statement whether he or she has ever been committed
317to a mental institution under chapter 394.
318     (j)  A full set of fingerprints on a card provided by the
319department and a fingerprint fee to be established by rule of
320the department based upon costs determined by state and federal
321agency charges and department processing costs. An applicant who
322has, within the immediately preceding 6 months, submitted a
323fingerprint card and fee for licensing purposes under this
324chapter shall not be required to submit another fingerprint card
325or fee.
326     (k)  A personal inquiry waiver which allows the department
327to conduct necessary investigations to satisfy the requirements
328of this chapter.
329     (l)  Such further facts as may be required by the
330department to show that the individual signing the application
331is of good moral character and qualified by experience and
332training to satisfy the requirements of this chapter.
333     (4)  In addition to the application requirements outlined
334in subsection (3), the applicant for a Class "C," Class "CC,"
335Class "E," Class "EE," or Class "G" license shall submit two
336color photographs taken within the 6 months immediately
337preceding the submission of the application, which meet
338specifications prescribed by rule of the department. All other
339applicants shall submit one photograph taken within the 6 months
340immediately preceding the submission of the application.
341     (4)(5)  In addition to the application requirements
342outlined under subsection (3), the applicant for a Class "C,"
343Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
344license shall include a statement on a form provided by the
345department of the experience which he or she believes will
346qualify him or her for such license.
347     (5)(6)  In addition to the requirements outlined in
348subsection (3), an applicant for a Class "G" license shall
349satisfy minimum training criteria for firearms established by
350rule of the department, which training criteria shall include,
351but is not limited to, 28 hours of range and classroom training
352taught and administered by a Class "K" licensee; however, no
353more than 8 hours of such training shall consist of range
354training. If the applicant can show proof that he or she is an
355active law enforcement officer currently certified under the
356Criminal Justice Standards and Training Commission or has
357completed the training required for that certification within
358the last 12 months, or if the applicant submits one of the
359certificates specified in paragraph (6)(a) (7)(a), the
360department may waive the foregoing firearms training
361requirement.
362     (6)(7)  In addition to the requirements under subsection
363(3), an applicant for a Class "K" license shall:
364     (a)  Submit one of the following certificates:
365     1.  The Florida Criminal Justice Standards and Training
366Commission Firearms Instructor's Certificate and confirmation by
367the commission that the applicant is authorized to provide
368firearms instruction.
369     2.  The National Rifle Association Law Enforcement Police
370Firearms Instructor's Certificate.
371     3.  The National Rifle Association Security Firearms
372Instructor's Certificate.
373     3.4.  A firearms instructor's training certificate issued
374by any branch of the United States Armed Forces, from a federal
375law enforcement academy or agency, state, county, or a law
376enforcement municipal police academy or agency in this state
377recognized as such by the Criminal Justice Standards and
378Training Commission or by the Department of Education.
379     (b)  Pay the fee for and pass an examination administered
380by the department which shall be based upon, but is not
381necessarily limited to, a firearms instruction manual provided
382by the department.
383     (7)(8)  In addition to the application requirements for
384individuals, partners, or officers outlined under subsection
385(3), the application for an agency license shall contain the
386following information:
387     (a)  The proposed name under which the agency intends to
388operate.
389     (b)  The street address, mailing address, and telephone
390numbers of the principal location at which business is to be
391conducted in this state.
392     (c)  The street address, mailing address, and telephone
393numbers of all branch offices within this state.
394     (d)  The names and titles of all partners or, in the case
395of a corporation, the names and titles of its principal
396officers.
397     (8)(9)  Upon submission of a complete application, a Class
398"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
399Class "MA," Class "MB," or Class "MR" applicant may commence
400employment or appropriate duties for a licensed agency or branch
401office. However, the Class "C" or Class "E" applicant must work
402under the direction and control of a sponsoring licensee while
403his or her application is being processed. If the department
404denies application for licensure, the employment of the
405applicant must be terminated immediately, unless he or she
406performs only unregulated duties.
407     Section 5.  Paragraph (f) of subsection (1) and paragraph
408(a) of subsection (2) of section 493.6106, Florida Statutes, are
409amended, and paragraph (g) is added to subsection (1) of that
410section, to read:
411     493.6106  License requirements; posting.-
412     (1)  Each individual licensed by the department must:
413     (f)  Be a citizen or permanent legal resident alien of the
414United States or have appropriate been granted authorization
415issued to seek employment in this country by the United States
416Bureau of Citizenship and Immigration Services of the United
417States Department of Homeland Security.
418     1.  An applicant for a Class "C," Class "CC," Class "D,"
419Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
420"MB," Class "MR," or Class "RI" license who is not a United
421States citizen must submit proof of current employment
422authorization issued by the United States Bureau of Citizenship
423and Immigration Services or proof that she or he is deemed a
424permanent legal resident alien by the United States Bureau of
425Citizenship and Immigration Services.
426     2.  An applicant for a Class "G" or Class "K" license who
427is not a United States citizen must submit proof that she or he
428is deemed a permanent legal resident alien by the United States
429Bureau of Citizenship and Immigration Services, together with
430additional documentation establishing that she or he has resided
431in the state of residence shown on the application for at least
43290 consecutive days before the date that the application is
433submitted.
434     3.  An applicant for an agency or school license who is not
435a United States citizen or permanent legal resident alien must
436submit documentation issued by the United States Bureau of
437Citizenship and Immigration Services stating that she or he is
438lawfully in the United States and is authorized to own and
439operate the type of agency or school for which she or he is
440applying. An employment authorization card issued by the United
441States Bureau of Citizenship and Immigration Services is not
442sufficient documentation.
443     (g)  Not be prohibited from purchasing or possessing a
444firearm by state or federal law if the individual is applying
445for a Class "G" license or a Class "K" license.
446     (2)  Each agency shall have a minimum of one physical
447location within this state from which the normal business of the
448agency is conducted, and this location shall be considered the
449primary office for that agency in this state.
450     (a)  If an agency or branch office desires to change the
451physical location of the business, as it appears on the agency
452license, the department must be notified within 10 days of the
453change, and, except upon renewal, the fee prescribed in s.
454493.6107 must be submitted for each license requiring revision.
455Each license requiring revision must be returned with such
456notification.
457     Section 6.  Subsection (3) of section 493.6107, Florida
458Statutes, is amended to read:
459     493.6107  Fees.-
460     (3)  The fees set forth in this section must be paid by
461certified check or money order or, at the discretion of the
462department, by agency check at the time the application is
463approved, except that the applicant for a Class "G" or Class "M"
464license must pay the license fee at the time the application is
465made. If a license is revoked or denied or if the application is
466withdrawn, the license fee shall not be refunded.
467     Section 7.  Paragraph (a) of subsection (1) and subsection
468(3) of section 493.6108, Florida Statutes, are amended to read:
469     493.6108  Investigation of applicants by Department of
470Agriculture and Consumer Services.-
471     (1)  Except as otherwise provided, prior to the issuance of
472a license under this chapter, the department shall make an
473investigation of the applicant for a license. The investigation
474shall include:
475     (a)1.  An examination of fingerprint records and police
476records. When a criminal history analysis of any applicant under
477this chapter is performed by means of fingerprint card
478identification, the time limitations prescribed by s. 120.60(1)
479shall be tolled during the time the applicant's fingerprint card
480is under review by the Department of Law Enforcement or the
481United States Department of Justice, Federal Bureau of
482Investigation.
483     2.  If a legible set of fingerprints, as determined by the
484Department of Law Enforcement or the Federal Bureau of
485Investigation, cannot be obtained after two attempts, the
486Department of Agriculture and Consumer Services may determine
487the applicant's eligibility based upon a criminal history record
488check under the applicant's name conducted by the Department of
489Law Enforcement if the and the Federal Bureau of Investigation.
490A set of fingerprints are taken by a law enforcement agency or
491the department and the applicant submits a written statement
492signed by the fingerprint technician or a licensed physician
493stating that there is a physical condition that precludes
494obtaining a legible set of fingerprints or that the fingerprints
495taken are the best that can be obtained is sufficient to meet
496this requirement.
497     (3)  The department shall also investigate the mental
498history and current mental and emotional fitness of any Class
499"G" or Class "K" applicant, and may deny a Class "G" or Class
500"K" license to anyone who has a history of mental illness or
501drug or alcohol abuse.
502     Section 8.  Subsection (4) of section 493.6111, Florida
503Statutes, is amended to read:
504     493.6111  License; contents; identification card.-
505     (4)  Notwithstanding the existence of a valid Florida
506corporate registration, an no agency or school licensee may not
507conduct activities regulated under this chapter under any
508fictitious name without prior written authorization from the
509department to use that name in the conduct of activities
510regulated under this chapter. The department may not authorize
511the use of a name which is so similar to that of a public
512officer or agency, or of that used by another licensee, that the
513public may be confused or misled thereby. The authorization for
514the use of a fictitious name shall require, as a condition
515precedent to the use of such name, the filing of a certificate
516of engaging in business under a fictitious name under s. 865.09.
517A No licensee may not shall be permitted to conduct business
518under more than one fictitious name except as separately
519licensed nor shall the license be valid to protect any licensee
520who is engaged in the business under any name other than that
521specified in the license. An agency desiring to change its
522licensed name shall notify the department and, except upon
523renewal, pay a fee not to exceed $30 for each license requiring
524revision including those of all licensed employees except Class
525"D" or Class "G" licensees. Upon the return of such licenses to
526the department, revised licenses shall be provided.
527     Section 9.  Subsection (2) and paragraph (a) of subsection
528(3) of section 493.6113, Florida Statutes, are amended to read:
529     493.6113  Renewal application for licensure.-
530     (2)  At least No less than 90 days before prior to the
531expiration date of the license, the department shall mail a
532written notice to the last known mailing residence address of
533the licensee for individual licensees and to the last known
534agency address for agencies.
535     (3)  Each licensee shall be responsible for renewing his or
536her license on or before its expiration by filing with the
537department an application for renewal accompanied by payment of
538the prescribed license fee.
539     (a)  Each Class "B" Class "A," Class "B," or Class "R"
540licensee shall additionally submit on a form prescribed by the
541department a certification of insurance which evidences that the
542licensee maintains coverage as required under s. 493.6110.
543     Section 10.  Subsection (8), paragraph (d) of subsection
544(12), and subsection (16) of section 493.6115, Florida Statutes,
545are amended to read:
546     493.6115  Weapons and firearms.-
547     (8)  A Class "G" applicant must satisfy the minimum
548training criteria as set forth in s. 493.6105(5)(6) and as
549established by rule of the department.
550     (12)  The department may issue a temporary Class "G"
551license, on a case-by-case basis, if:
552     (d)  The applicant has received approval from the
553department subsequent to its conduct of a criminal history
554record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
555     (16)  If the criminal history record check program
556referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
557department may issue a temporary "G" license on a case-by-case
558basis, provided that the applicant has met all statutory
559requirements for the issuance of a temporary "G" license as
560specified in subsection (12), excepting the criminal history
561record check stipulated there; provided, that the department
562requires that the licensed employer of the applicant conduct a
563criminal history record check of the applicant pursuant to
564standards set forth in rule by the department, and provide to
565the department an affidavit containing such information and
566statements as required by the department, including a statement
567that the criminal history record check did not indicate the
568existence of any criminal history that would prohibit licensure.
569Failure to properly conduct such a check, or knowingly providing
570incorrect or misleading information or statements in the
571affidavit shall constitute grounds for disciplinary action
572against the licensed agency, including revocation of license.
573     Section 11.  Paragraph (u) of subsection (1) of section
574493.6118, Florida Statutes, is redesignated as paragraph (v),
575and a new paragraph (u) is added to that subsection to read:
576     493.6118  Grounds for disciplinary action.-
577     (1)  The following constitute grounds for which
578disciplinary action specified in subsection (2) may be taken by
579the department against any licensee, agency, or applicant
580regulated by this chapter, or any unlicensed person engaged in
581activities regulated under this chapter.
582     (u)  For a Class "G" or a Class "K" applicant or licensee,
583being prohibited from purchasing or possessing a firearm by
584state or federal law.
585     Section 12.  Subsections (7) and (8) of section 493.6121,
586Florida Statutes, are renumbered as subsections (6) and (7),
587respectively, and present subsection (6) of that section is
588amended, to read:
589     493.6121  Enforcement; investigation.-
590     (6)  The department shall be provided access to the program
591that is operated by the Department of Law Enforcement, pursuant
592to s. 790.065, for providing criminal history record information
593to licensed gun dealers, manufacturers, and exporters. The
594department may make inquiries, and shall receive responses in
595the same fashion as provided under s. 790.065. The department
596shall be responsible for payment to the Department of Law
597Enforcement of the same fees as charged to others afforded
598access to the program.
599     Section 13.  Subsection (3) of section 493.6202, Florida
600Statutes, is amended to read:
601     493.6202  Fees.-
602     (3)  The fees set forth in this section must be paid by
603certified check or money order or, at the discretion of the
604department, by agency check at the time the application is
605approved, except that the applicant for a Class "G," Class "C,"
606Class "CC," Class "M," or Class "MA" license must pay the
607license fee at the time the application is made. If a license is
608revoked or denied or if the application is withdrawn, the
609license fee shall not be refunded.
610     Section 14.  Subsections (2), (4), and (6) of section
611493.6203, Florida Statutes, are amended to read:
612     493.6203  License requirements.-In addition to the license
613requirements set forth elsewhere in this chapter, each
614individual or agency shall comply with the following additional
615requirements:
616     (2)  An applicant for a Class "MA" license shall have 2
617years of lawfully gained, verifiable, full-time experience, or
618training in:
619     (a)  Private investigative work or related fields of work
620that provided equivalent experience or training;
621     (b)  Work as a Class "CC" licensed intern;
622     (c)  Any combination of paragraphs (a) and (b);
623     (d)  Experience described in paragraph (a) for 1 year and
624experience described in paragraph (e) for 1 year;
625     (e)  No more than 1 year using:
626     1.  College coursework related to criminal justice,
627criminology, or law enforcement administration; or
628     2.  Successfully completed law enforcement-related training
629received from any federal, state, county, or municipal agency;
630or
631     (f)  Experience described in paragraph (a) for 1 year and
632work in a managerial or supervisory capacity for 1 year.
633
634However, experience in performing bodyguard services is not
635creditable toward the requirements of this subsection.
636     (4)  An applicant for a Class "C" license shall have 2
637years of lawfully gained, verifiable, full-time experience, or
638training in one, or a combination of more than one, of the
639following:
640     (a)  Private investigative work or related fields of work
641that provided equivalent experience or training.
642     (b)  College coursework related to criminal justice,
643criminology, or law enforcement administration, or successful
644completion of any law enforcement-related training received from
645any federal, state, county, or municipal agency, except that no
646more than 1 year may be used from this category.
647     (c)  Work as a Class "CC" licensed intern.
648
649However, experience in performing bodyguard services is not
650creditable toward the requirements of this subsection.
651     (6)(a)  A Class "CC" licensee shall serve an internship
652under the direction and control of a designated sponsor, who is
653a Class "C," Class "MA," or Class "M" licensee.
654     (b)  Effective July 1, 2010 September 1, 2008, before
655submission of an application to the department, the an applicant
656for a Class "CC" license must have completed a minimum of 40 at
657least 24 hours of professional training a 40-hour course
658pertaining to general investigative techniques and this chapter,
659which course is offered by a state university or by a school,
660community college, college, or university under the purview of
661the Department of Education, and the applicant must pass an
662examination. The training must be provided in two parts, one 24-
663hour course and one 16-hour course. The certificate evidencing
664satisfactory completion of the 40 at least 24 hours of
665professional training a 40-hour course must be submitted with
666the application for a Class "CC" license. The remaining 16 hours
667must be completed and an examination passed within 180 days. If
668documentation of completion of the required training is not
669submitted within the specified timeframe, the individual's
670license is automatically suspended or his or her authority to
671work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
672until such time as proof of certificate of completion is
673provided to the department. The training course specified in
674this paragraph may be provided by face-to-face presentation,
675online technology, or a home study course in accordance with
676rules and procedures of the Department of Education. The
677administrator of the examination must verify the identity of
678each applicant taking the examination.
679     1.  Upon an applicant's successful completion of each part
680of the approved training course and passage of any required
681examination, the school, community college, college, or
682university shall issue a certificate of completion to the
683applicant. The certificates must be on a form established by
684rule of the department.
685     2.  The department shall establish by rule the general
686content of the professional training course and the examination
687criteria.
688     3.  If the license of an applicant for relicensure is has
689been invalid for more than 1 year, the applicant must complete
690the required training and pass any required examination.
691     (c)  An individual who submits an application for a Class
692"CC" license on or after September 1, 2008, through June 30,
6932010, who has not completed the 16-hour course must submit proof
694of successful completion of the course within 180 days after the
695date the application is submitted. If documentation of
696completion of the required training is not submitted by that
697date, the individual's license is automatically suspended until
698proof of the required training is submitted to the department.
699An individual licensed on or before August 31, 2008, is not
700required to complete additional training hours in order to renew
701an active license beyond the required total amount of training,
702and within the timeframe, in effect at the time he or she was
703licensed.
704     Section 15.  Subsection (3) of section 493.6302, Florida
705Statutes, is amended to read:
706     493.6302  Fees.-
707     (3)  The fees set forth in this section must be paid by
708certified check or money order or, at the discretion of the
709department, by agency check at the time the application is
710approved, except that the applicant for a Class "D," Class "G,"
711Class "M," or Class "MB" license must pay the license fee at the
712time the application is made. If a license is revoked or denied
713or if the application is withdrawn, the license fee shall not be
714refunded.
715     Section 16.  Subsection (4) of section 493.6303, Florida
716Statutes, is amended to read:
717     493.6303  License requirements.-In addition to the license
718requirements set forth elsewhere in this chapter, each
719individual or agency shall comply with the following additional
720requirements:
721     (4)(a)  Effective July 1, 2010, an applicant for a Class
722"D" license must submit proof of successful completion of
723complete a minimum of 40 hours of professional training at a
724school or training facility licensed by the department. The
725training must be provided in two parts, one 24-hour course and
726one 16-hour course. The department shall by rule establish the
727general content and number of hours of each subject area to be
728taught.
729     (b)  An individual who submits an application for a Class
730"D" license on or after January 1, 2007, through June 30, 2010,
731who has not completed the 16-hour course must submit proof of
732successful completion of the course within 180 days after the
733date the application is submitted. If documentation of
734completion of the required training is not submitted by that
735date, the individual's license is automatically suspended until
736proof of the required training is submitted to the department.
737This section does not require a person licensed before January
7381, 2007, to complete additional training hours in order to renew
739an active license beyond the required total amount of training
740within the timeframe prescribed by law at the time he or she was
741licensed. An applicant may fulfill the training requirement
742prescribed in paragraph (a) by submitting proof of:
743     1.  Successful completion of the total number of required
744hours of training before initial application for a Class "D"
745license; or
746     2.  Successful completion of 24 hours of training before
747initial application for a Class "D" license and successful
748completion of the remaining 16 hours of training within 180 days
749after the date that the application is submitted. If
750documentation of completion of the required training is not
751submitted within the specified timeframe, the individual's
752license is automatically suspended until such time as proof of
753the required training is provided to the department.
754     (c)  An individual However, any person whose license is
755suspended or has been revoked, suspended pursuant to paragraph
756(b) subparagraph 2., or is expired for at least 1 year, or
757longer is considered, upon reapplication for a license, an
758initial applicant and must submit proof of successful completion
759of 40 hours of professional training at a school or training
760facility licensed by the department as provided prescribed in
761paragraph (a) before a license is will be issued. Any person
762whose license was issued before January 1, 2007, and whose
763license has been expired for less than 1 year must, upon
764reapplication for a license, submit documentation of completion
765of the total number of hours of training prescribed by law at
766the time her or his initial license was issued before another
767license will be issued. This subsection does not require an
768individual licensed before January 1, 2007, to complete
769additional training hours in order to renew an active license,
770beyond the required total amount of training within the
771timeframe prescribed by law at the time she or he was licensed.
772     Section 17.  Subsection (2) of section 493.6304, Florida
773Statutes, is amended to read:
774     493.6304  Security officer school or training facility.-
775     (2)  The application shall be signed and verified by the
776applicant under oath as provided in s. 92.525 notarized and
777shall contain, at a minimum, the following information:
778     (a)  The name and address of the school or training
779facility and, if the applicant is an individual, her or his
780name, address, and social security or alien registration number.
781     (b)  The street address of the place at which the training
782is to be conducted.
783     (c)  A copy of the training curriculum and final
784examination to be administered.
785     Section 18.  Subsections (7) and (8) of section 493.6401,
786Florida Statutes, are amended to read:
787     493.6401  Classes of licenses.-
788     (7)  Any person who operates a recovery agent repossessor
789school or training facility or who conducts an Internet-based
790training course or a correspondence training course must have a
791Class "RS" license.
792     (8)  Any individual who teaches or instructs at a Class
793"RS" recovery agent repossessor school or training facility
794shall have a Class "RI" license.
795     Section 19.  Paragraphs (f) and (g) of subsection (1) and
796subsection (3) of section 493.6402, Florida Statutes, are
797amended to read:
798     493.6402  Fees.-
799     (1)  The department shall establish by rule biennial
800license fees which shall not exceed the following:
801     (f)  Class "RS" license-recovery agent repossessor school
802or training facility: $60.
803     (g)  Class "RI" license-recovery agent repossessor school
804or training facility instructor: $60.
805     (3)  The fees set forth in this section must be paid by
806certified check or money order, or, at the discretion of the
807department, by agency check at the time the application is
808approved, except that the applicant for a Class "E," Class "EE,"
809or Class "MR" license must pay the license fee at the time the
810application is made. If a license is revoked or denied, or if an
811application is withdrawn, the license fee shall not be refunded.
812     Section 20.  Subsections (1) and (2) of section 493.6406,
813Florida Statutes, are amended to read:
814     493.6406  Recovery agent Repossession services school or
815training facility.-
816     (1)  Any school, training facility, or instructor who
817offers the training outlined in s. 493.6403(2) for Class "E" or
818Class "EE" applicants shall, before licensure of such school,
819training facility, or instructor, file with the department an
820application accompanied by an application fee in an amount to be
821determined by rule, not to exceed $60. The fee shall not be
822refundable. This training may be offered as face-to-face
823training, Internet-based training, or correspondence training.
824     (2)  The application shall be signed and verified by the
825applicant under oath as provided in s. 92.525 notarized and
826shall contain, at a minimum, the following information:
827     (a)  The name and address of the school or training
828facility and, if the applicant is an individual, his or her
829name, address, and social security or alien registration number.
830     (b)  The street address of the place at which the training
831is to be conducted or the street address of the Class "RS"
832school offering Internet-based or correspondence training.
833     (c)  A copy of the training curriculum and final
834examination to be administered.
835     Section 21.  Paragraph (a) of subsection (2) of section
836501.605, Florida Statutes, is amended to read:
837     501.605  Licensure of commercial telephone sellers.-
838     (2)  An applicant for a license as a commercial telephone
839seller must submit to the department, in such form as it
840prescribes, a written application for the license. The
841application must set forth the following information:
842     (a)  The true name, date of birth, driver's license number,
843social security number, and home address of the applicant,
844including each name under which he or she intends to do
845business.
846
847The application shall be accompanied by a copy of any: Script,
848outline, or presentation the applicant will require or suggest a
849salesperson to use when soliciting, or, if no such document is
850used, a statement to that effect; sales information or
851literature to be provided by the applicant to a salesperson; and
852sales information or literature to be provided by the applicant
853to a purchaser in connection with any solicitation.
854     Section 22.  Paragraph (a) of subsection (1) of section
855501.607, Florida Statutes, is amended to read:
856     501.607  Licensure of salespersons.-
857     (1)  An applicant for a license as a salesperson must
858submit to the department, in such form as it prescribes, a
859written application for a license. The application must set
860forth the following information:
861     (a)  The true name, date of birth, driver's license number,
862social security number, and home address of the applicant.
863     Section 23.  Subsection (2) of section 501.913, Florida
864Statutes, is amended to read:
865     501.913  Registration.-
866     (2)  The completed application shall be accompanied by:
867     (a)  Specimens or facsimiles of the label for each brand of
868antifreeze;
869     (b)  An application fee of $200 for each brand; and
870     (c)  A properly labeled sample of at least 1 gallon, but
871not more than 2 gallons, of each brand of antifreeze.
872     Section 24.  Subsection (2) of section 525.01, Florida
873Statutes, is amended to read:
874     525.01  Gasoline and oil to be inspected.-
875     (2)  All petroleum fuels are shall be subject to inspection
876and analysis by the department. Before selling or offering for
877sale in this state any petroleum fuel, all manufacturers,
878terminal suppliers, wholesalers, and importers as defined in s.
879206.01 jobbers shall file with the department:
880     (a)  An affidavit that they desire to do business in this
881state, and the name and address of the manufacturer of the
882petroleum fuel.
883     (b)  An affidavit stating that the petroleum fuel is in
884conformity with the standards prescribed by department rule.
885     Section 25.  Subsections (1) and (3) of section 525.09,
886Florida Statutes, are amended to read:
887     525.09  Inspection fee.-
888     (1)  For the purpose of defraying the expenses incident to
889inspecting, testing, and analyzing petroleum fuels in this
890state, there shall be paid to the department a charge of one-
891eighth cent per gallon on all gasoline, alternative fuel
892containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
893kerosene (except when used as aviation turbine fuel), and #1
894fuel oil for sale or use in this state. This inspection fee
895shall be imposed in the same manner as the motor fuel tax
896pursuant to s. 206.41. Payment shall be made on or before the
89725th day of each month.
898     (3)  All remittances to the department for the inspection
899tax herein provided shall be accompanied by a detailed report
900under oath showing the number of gallons of gasoline,
901alternative fuel containing alcohol as defined in s.
902525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
903in each county.
904     Section 26.  Section 526.50, Florida Statutes, is amended
905to read:
906     526.50  Definition of terms.-As used in this part:
907     (1)  "Brake fluid" means the fluid intended for use as the
908liquid medium through which force is transmitted in the
909hydraulic brake system of a vehicle operated upon the highways.
910     (2)  "Brand" means the product name appearing on the label
911of a container of brake fluid.
912     (3)(5)  "Container" means any receptacle in which brake
913fluid is immediately contained when sold, but does not mean a
914carton or wrapping in which a number of such receptacles are
915shipped or stored or a tank car or truck.
916     (4)(2)  "Department" means the Department of Agriculture
917and Consumer Services.
918     (5)  "Formula" means the name of the chemical mixture or
919composition of the brake fluid product.
920     (6)(4)  "Labeling" includes all written, printed or graphic
921representations, in any form whatsoever, imprinted upon or
922affixed to any container of brake fluid.
923     (7)(6)  "Permit year" means a period of 12 months
924commencing July 1 and ending on the next succeeding June 30.
925     (8)(7)  "Registrant" means any manufacturer, packer,
926distributor, seller, or other person who has registered a brake
927fluid with the department.
928     (9)(3)  "Sell" includes give, distribute, barter, exchange,
929trade, keep for sale, offer for sale or expose for sale, in any
930of their variant forms.
931     Section 27.  Section 526.51, Florida Statutes, is amended
932to read:
933     526.51  Registration; renewal and fees; departmental
934expenses; cancellation or refusal to issue or renew.-
935     (1)(a)  Application for registration of each brand of brake
936fluid shall be made on forms to be supplied by the department.
937The applicant shall give his or her name and address and the
938brand name of the brake fluid, state that he or she owns the
939brand name and has complete control over the product sold
940thereunder in Florida, and provide the name and address of the
941resident agent in Florida. If the applicant does not own the
942brand name but wishes to register the product with the
943department, a notarized affidavit that gives the applicant full
944authorization to register the brand name and that is signed by
945the owner of the brand name must accompany the application for
946registration. The affidavit must include all affected brand
947names, the owner's company or corporate name and address, the
948applicant's company or corporate name and address, and a
949statement from the owner authorizing the applicant to register
950the product with the department. The owner of the brand name
951shall maintain complete control over each product sold under
952that brand name in this state. All first-time brand-formula
953combination new product applications must be accompanied by a
954certified report from an independent testing laboratory, setting
955forth the analysis of the brake fluid which shall show its
956quality to be not less than the specifications established by
957the department for brake fluids. A sample of not less than 24
958fluid ounces of brake fluid shall be submitted, in a container
959or containers, with labels representing exactly how the
960containers of brake fluid will be labeled when sold, and the
961sample and container shall be analyzed and inspected by the
962Division of Standards in order that compliance with the
963department's specifications and labeling requirements may be
964verified. Upon approval of the application, the department shall
965register the brand name of the brake fluid and issue to the
966applicant a permit authorizing the registrant to sell the brake
967fluid in this state during the permit year specified in the
968permit.
969     (b)  Each applicant shall pay a fee of $100 with each
970application. An applicant seeking reregistration of a previously
971registered brand-formula combination must submit a completed
972application and all materials required under this subsection to
973the department before the first day of the permit year. A brand-
974formula combination for which a completed application and all
975materials required under this subsection are not received before
976the first day of the permit year ceases to be registered with
977the department until a completed application and all materials
978required under this subsection are received and approved. Any
979fee, application, or materials received after the first day of
980the permit year, if the brand-formula combination was previously
981registered with the department, A permit may be renewed by
982application to the department, accompanied by a renewal fee of
983$50 on or before the last day of the permit year immediately
984preceding the permit year for which application is made for
985renewal of registration. To any fee not paid when due, there
986shall accrue a penalty of $25, which shall be added to the
987renewal fee. Renewals will be accepted only on brake fluids that
988have no change in formula, composition, or brand name. Any
989change in formula, composition, or brand name of any brake fluid
990constitutes a new product that must be registered in accordance
991with this part.
992     (2)  All fees collected under the provisions of this
993section shall be credited to the General Inspection Trust Fund
994of the department and all expenses incurred in the enforcement
995of this part shall be paid from said fund.
996     (3)  The department may cancel or, refuse to issue or
997refuse to renew any registration and permit after due notice and
998opportunity to be heard if it finds that the brake fluid is
999adulterated or misbranded or that the registrant has failed to
1000comply with the provisions of this part or the rules and
1001regulations promulgated thereunder.
1002     Section 28.  Paragraph (a) of subsection (3) of section
1003526.52, Florida Statutes, is amended to read:
1004     526.52  Specifications; adulteration and misbranding.-
1005     (3)  Brake fluid is deemed to be misbranded:
1006     (a)  If its container does not bear on its side or top a
1007label on which is printed the name and place of business of the
1008registrant of the product, the words "brake fluid," and a
1009statement that the product therein equals or exceeds the minimum
1010specification of the Society of Automotive Engineers for heavy-
1011duty-type brake fluid or equals or exceeds Federal Motor Vehicle
1012Safety Standard No. 116 adopted by the United States Department
1013of Transportation, heavy-duty-type. By regulation the department
1014may require that the duty-type classification appear on the
1015label.
1016     Section 29.  Subsection (2) of section 526.53, Florida
1017Statutes, is amended to read:
1018     526.53  Enforcement; inspection and analysis, stop-sale and
1019disposition, regulations.-
1020     (2)(a)  When any brake fluid is sold in violation of any of
1021the provisions of this part, all such affected brake fluid of
1022the same brand name on the same premises on which the violation
1023occurred shall be placed under a stop-sale order by the
1024department by serving the owner of the brand name, distributor,
1025or other entity responsible for selling or distributing the
1026product in the state with the stop-sale order. The department
1027shall withdraw its stop-sale order upon the removal of the
1028violation or upon voluntary destruction of the product, or other
1029disposal approved by the department, under the supervision of
1030the department.
1031     (b)  In addition to being subject to the stop-sale
1032procedures above, unregistered brake fluid shall be held by the
1033department or its representative, at a place to be designated in
1034the stop-sale order, until properly registered and released in
1035writing by the department or its representative. If application
1036is has not been made for registration of the such product within
103730 days after issue of the stop-sale order, such product shall
1038be disposed of by the department, or, with the department's
1039consent, by the business, to any tax-supported institution or
1040agency of the state if the brake fluid meets legal
1041specifications or by other disposal authorized by rule of the
1042department if it fails to meet legal specifications.
1043     Section 30.  Subsections (1) and (3) and paragraphs (a) and
1044(c) of subsection (5) of section 527.0201, Florida Statutes, are
1045amended to read:
1046     527.0201  Qualifiers; master qualifiers; examinations.-
1047     (1)  In addition to the requirements of s. 527.02, any
1048person applying for a license to engage in the activities of a
1049pipeline system operator, category I liquefied petroleum gas
1050dealer, category II liquefied petroleum gas dispenser, category
1051IV liquefied petroleum gas dispenser and recreational vehicle
1052servicer, category V liquefied petroleum gases dealer for
1053industrial uses only, LP gas installer, specialty installer,
1054requalifier requalification of cylinders, or fabricator,
1055repairer, and tester of vehicles and cargo tanks must prove
1056competency by passing a written examination administered by the
1057department or its agent with a grade of at least 75 percent in
1058each area tested or above. Each applicant for examination shall
1059submit a $20 nonrefundable fee. The department shall by rule
1060specify the general areas of competency to be covered by each
1061examination and the relative weight to be assigned in grading
1062each area tested.
1063     (3)  Qualifier cards issued to category I liquefied
1064petroleum gas dealers and liquefied petroleum gas installers
1065shall expire 3 years after the date of issuance. All category I
1066liquefied petroleum gas dealer qualifiers and liquefied
1067petroleum gas installer qualifiers holding a valid qualifier
1068card upon the effective date of this act shall retain their
1069qualifier status until July 1, 2003, and may sit for the master
1070qualifier examination at any time during that time period. All
1071such category I liquefied petroleum gas dealer qualifiers and
1072liquefied petroleum gas installer qualifiers may renew their
1073qualification on or before July 1, 2003, upon application to the
1074department, payment of a $20 renewal fee, and documentation of
1075the completion of a minimum of 16 12 hours of approved
1076continuing education courses, as defined by department rule,
1077during the previous 3-year period. Applications for renewal must
1078be made 30 calendar days prior to expiration. Persons failing to
1079renew prior to the expiration date must reapply and take a
1080qualifier competency examination in order to reestablish
1081category I liquefied petroleum gas dealer qualifier and
1082liquefied petroleum gas installer qualifier status. If a
1083category I liquefied petroleum gas qualifier or liquefied
1084petroleum gas installer qualifier becomes a master qualifier at
1085any time during the effective date of the qualifier card, the
1086card shall remain in effect until expiration of the master
1087qualifier certification.
1088     (5)  In addition to all other licensing requirements, each
1089category I liquefied petroleum gas dealer and liquefied
1090petroleum gas installer must, at the time of application for
1091licensure, identify to the department one master qualifier who
1092is a full-time employee at the licensed location. This person
1093shall be a manager, owner, or otherwise primarily responsible
1094for overseeing the operations of the licensed location and must
1095provide documentation to the department as provided by rule. The
1096master qualifier requirement shall be in addition to the
1097requirements of subsection (1).
1098     (a)  In order to apply for certification as a master
1099qualifier, each applicant must be a category I liquefied
1100petroleum gas dealer qualifier or liquefied petroleum gas
1101installer qualifier, must be employed by a licensed category I
1102liquefied petroleum gas dealer, liquefied petroleum gas
1103installer, or applicant for such license, must provide
1104documentation of a minimum of 1 year's work experience in the
1105gas industry, and must pass a master qualifier competency
1106examination. Master qualifier examinations shall be based on
1107Florida's laws, rules, and adopted codes governing liquefied
1108petroleum gas safety, general industry safety standards, and
1109administrative procedures. The examination must be successfully
1110passed completed by the applicant with a grade of at least 75
1111percent or more. Each applicant for master qualifier status
1112shall submit to the department a nonrefundable $30 examination
1113fee prior to the examination.
1114     (c)  Master qualifier status shall expire 3 years after the
1115date of issuance of the certificate and may be renewed by
1116submission to the department of documentation of completion of
1117at least 16 12 hours of approved continuing education courses
1118during the 3-year period; proof of employment with a licensed
1119category I liquefied petroleum gas dealer, liquefied petroleum
1120gas installer, or applicant; and a $30 certificate renewal fee.
1121The department shall define, by rule, approved courses of
1122continuing education.
1123     Section 31.  Section 527.12, Florida Statutes, is amended
1124to read:
1125     527.12  Cease and desist orders; stop-use orders; stop-
1126operation orders; stop-sale orders; administrative fines.-
1127     (1)  Whenever the department has shall have reason to
1128believe that any person is violating or has violated been
1129violating provisions of this chapter or any rules adopted under
1130this chapter pursuant thereto, the department it may issue a
1131cease and desist order, or impose a civil penalty, or do both
1132may issue such cease and desist order and impose a civil
1133penalty.
1134     (2)  Whenever a person or liquefied petroleum gas system or
1135storage facility, or any part or component thereof, fails to
1136comply with this chapter or any rules adopted under this
1137chapter, the department may issue a stop-use order, stop-
1138operation order, or stop-sale order.
1139     Section 32.  Subsection (1) of section 559.805, Florida
1140Statutes, is amended to read:
1141     559.805  Filings with the department; disclosure of
1142advertisement identification number.-
1143     (1)  Every seller of a business opportunity shall annually
1144file with the department a copy of the disclosure statement
1145required by s. 559.803 before prior to placing an advertisement
1146or making any other representation designed to offer to, sell
1147to, or solicit an offer to buy a business opportunity from a
1148prospective purchaser in this state and shall update this filing
1149by reporting any material change in the required information
1150within 30 days after the material change occurs. An
1151advertisement is not placed in the state merely because the
1152publisher circulates, or there is circulated on his or her
1153behalf in the state, any bona fide newspaper or other
1154publication of general, regular, and paid circulation which has
1155had more than two-thirds of its circulation during the past 12
1156months outside the state or because a radio or television
1157program originating outside the state is received in the state.
1158If the seller is required by s. 559.807 to provide a bond or
1159establish a trust account or guaranteed letter of credit, he or
1160she shall contemporaneously file with the department a copy of
1161the bond, a copy of the formal notification by the depository
1162that the trust account is established, or a copy of the
1163guaranteed letter of credit. Every seller of a business
1164opportunity shall file with the department a list of independent
1165agents who will engage in the offer or sale of business
1166opportunities on behalf of the seller in this state. This list
1167must be kept current and shall include the following
1168information: name, home and business address, telephone number,
1169present employer, social security number, and birth date. A No
1170person may not shall be allowed to offer or sell business
1171opportunities unless the required information is has been
1172provided to the department.
1173     Section 33.  Subsection (3) of section 559.928, Florida
1174Statutes, is amended to read:
1175     559.928  Registration.-
1176     (3)  Each independent agent shall annually file an
1177affidavit with the department before prior to engaging in
1178business in this state. This affidavit must include the
1179independent agent's full name, legal business or trade name,
1180mailing address, business address, telephone number, social
1181security number, and the name or names and addresses of each
1182seller of travel represented by the independent agent. A letter
1183evidencing proof of filing must be issued by the department and
1184must be prominently displayed in the independent agent's primary
1185place of business. Each independent agent must also submit an
1186annual registration fee of $50. All moneys collected pursuant to
1187the imposition of the fee shall be deposited by the Chief
1188Financial Officer into the General Inspection Trust Fund of the
1189Department of Agriculture and Consumer Services for the sole
1190purpose of administrating this part. As used in this subsection,
1191the term "independent agent" means a person who represents a
1192seller of travel by soliciting persons on its behalf; who has a
1193written contract with a seller of travel which is operating in
1194compliance with this part and any rules adopted thereunder; who
1195does not receive a fee, commission, or other valuable
1196consideration directly from the purchaser for the seller of
1197travel; who does not at any time have any unissued ticket stock
1198or travel documents in his or her possession; and who does not
1199have the ability to issue tickets, vacation certificates, or any
1200other travel document. The term "independent agent" does not
1201include an affiliate of the seller of travel, as that term is
1202used in s. 559.935(3), or the employees of the seller of travel
1203or of such affiliates.
1204     Section 34.  Subsection (7) of section 570.0725, Florida
1205Statutes, is amended to read:
1206     570.0725  Food recovery; legislative intent; department
1207functions.-
1208     (7)  For public information purposes, the department may
1209shall develop and provide a public information brochure
1210detailing the need for food banks and similar of food recovery
1211programs, the benefit of such food recovery programs, the manner
1212in which such organizations may become involved in such food
1213recovery programs, and the protection afforded to such programs
1214under s. 768.136, and the food recovery entities or food banks
1215that exist in the state. This brochure must be updated annually.
1216A food bank or similar food recovery organization seeking to be
1217included on a list of such organizations must notify the
1218department and provide the information required by rule of the
1219department. Such organizations are responsible for updating the
1220information and providing the updated information to the
1221department. The department may adopt rules to implement this
1222section.
1223     Section 35.  Paragraph (e) of subsection (6) of section
1224570.53, Florida Statutes, is amended to read:
1225     570.53  Division of Marketing and Development; powers and
1226duties.-The powers and duties of the Division of Marketing and
1227Development include, but are not limited to:
1228     (6)
1229     (e)  Extending in every practicable way the distribution
1230and sale of Florida agricultural products throughout the markets
1231of the world as required of the department by s. ss. 570.07(7),
1232(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1233     Section 36.  Subsection (2) of section 570.54, Florida
1234Statutes, is amended to read:
1235     570.54  Director; duties.-
1236     (2)  It shall be the duty of the director of this division
1237to supervise, direct, and coordinate the activities authorized
1238by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1239(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1240chapters 504, 571, 573, and 574 and to exercise other powers and
1241authority as authorized by the department.
1242     Section 37.  Subsection (4) of section 570.55, Florida
1243Statutes, is amended to read:
1244     570.55  Identification of sellers or handlers of tropical
1245or subtropical fruit and vegetables; containers specified;
1246penalties.-
1247     (4)  IDENTIFICATION OF HANDLER.-At the time of each
1248transaction involving the handling or sale of 55 pounds or more
1249of tropical or subtropical fruit or vegetables in the primary
1250channel of trade, the buyer or receiver of the tropical or
1251subtropical fruit or vegetables shall demand a bill of sale,
1252invoice, sales memorandum, or other document listing the date of
1253the transaction, the quantity of the tropical or subtropical
1254fruit or vegetables involved in the transaction, and the
1255identification of the seller or handler as it appears on the
1256driver's license of the seller or handler, including the
1257driver's license number. If the seller or handler does not
1258possess a driver's license, the buyer or receiver shall use any
1259other acceptable means of identification, which may include, but
1260is not limited to, i.e., voter's registration card and number,
1261draft card, social security card, or other identification.
1262However, no less than two identification documents shall be
1263used. The identification of the seller or handler shall be
1264recorded on the bill of sale, sales memorandum, invoice, or
1265voucher, which shall be retained by the buyer or receiver for a
1266period of not less than 1 year from the date of the transaction.
1267     Section 38.  Subsection (3) of section 570.902, Florida
1268Statutes, is amended to read:
1269     570.902  Definitions; ss. 570.902 and 570.903.-For the
1270purpose of ss. 570.902 and 570.903:
1271     (3)  "Museum" means the Florida Agricultural Museum which
1272is designated as the museum for agriculture and rural history of
1273the State of Florida.
1274     Section 39.  Section 570.903, Florida Statutes, is amended
1275to read:
1276     570.903  Direct-support organization.-
1277     (1)  When the Legislature authorizes the establishment of a
1278direct-support organization to provide assistance for the
1279museums, the Florida Agriculture in the Classroom Program, the
1280Florida State Collection of Arthropods, the Friends of the
1281Florida State Forests Program of the Division of Forestry, and
1282the Forestry Arson Alert Program, and other programs of the
1283department, the following provisions shall govern the creation,
1284use, powers, and duties of the direct-support organization.
1285     (a)  The department shall enter into a memorandum or letter
1286of agreement with the direct-support organization, which shall
1287specify the approval of the department, the powers and duties of
1288the direct-support organization, and rules with which the
1289direct-support organization shall comply.
1290     (b)  The department may permit, without charge, appropriate
1291use of property, facilities, and personnel of the department by
1292a direct-support organization, subject to the provisions of ss.
1293570.902 and 570.903. The use shall be directly in keeping with
1294the approved purposes of the direct-support organization and
1295shall not be made at times or places that would unreasonably
1296interfere with opportunities for the general public to use
1297department facilities for established purposes.
1298     (c)  The department shall prescribe by contract or by rule
1299conditions with which a direct-support organization shall comply
1300in order to use property, facilities, or personnel of the
1301department or museum. Such rules shall provide for budget and
1302audit review and oversight by the department.
1303     (d)  The department shall not permit the use of property,
1304facilities, or personnel of the museum, department, or
1305designated program by a direct-support organization which does
1306not provide equal employment opportunities to all persons
1307regardless of race, color, religion, sex, age, or national
1308origin.
1309     (2)(a)  The direct-support organization shall be empowered
1310to conduct programs and activities; raise funds; request and
1311receive grants, gifts, and bequests of money; acquire, receive,
1312hold, invest, and administer, in its own name, securities,
1313funds, objects of value, or other property, real or personal;
1314and make expenditures to or for the direct or indirect benefit
1315of the museum or designated program.
1316     (b)  Notwithstanding the provisions of s. 287.057, the
1317direct-support organization may enter into contracts or
1318agreements with or without competitive bidding for the
1319restoration of objects, historical buildings, and other
1320historical materials or for the purchase of objects, historical
1321buildings, and other historical materials which are to be added
1322to the collections of the museum, or benefit of the designated
1323program. However, before the direct-support organization may
1324enter into a contract or agreement without competitive bidding,
1325the direct-support organization shall file a certification of
1326conditions and circumstances with the internal auditor of the
1327department justifying each contract or agreement.
1328     (c)  Notwithstanding the provisions of s. 287.025(1)(e),
1329the direct-support organization may enter into contracts to
1330insure property of the museum or designated programs and may
1331insure objects or collections on loan from others in satisfying
1332security terms of the lender.
1333     (3)  The direct-support organization shall provide for an
1334annual financial audit in accordance with s. 215.981.
1335     (4)  Neither a designated program or a museum, nor a
1336nonprofit corporation trustee or employee may:
1337     (a)  Receive a commission, fee, or financial benefit in
1338connection with the sale or exchange of property historical
1339objects or properties to the direct-support organization, the
1340museum, or the designated program; or
1341     (b)  Be a business associate of any individual, firm, or
1342organization involved in the sale or exchange of property to the
1343direct-support organization, the museum, or the designated
1344program.
1345     (5)  All moneys received by the direct-support organization
1346shall be deposited into an account of the direct-support
1347organization and shall be used by the organization in a manner
1348consistent with the goals of the museum or designated program.
1349     (6)  The identity of a donor or prospective donor who
1350desires to remain anonymous and all information identifying such
1351donor or prospective donor are confidential and exempt from the
1352provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1353Constitution.
1354     (7)  The Commissioner of Agriculture, or the commissioner's
1355designee, may serve on the board of trustees and the executive
1356committee of any direct-support organization established to
1357benefit the museum or any designated program.
1358     (8)  The department shall establish by rule archival
1359procedures relating to museum artifacts and records. The rules
1360shall provide procedures which protect the museum's artifacts
1361and records equivalent to those procedures which have been
1362established by the Department of State under chapters 257 and
1363267.
1364     Section 40.  Subsection (4) of section 573.118, Florida
1365Statutes, is amended to read:
1366     573.118  Assessment; funds; audit; loans.-
1367     (4)  In the event of levying and collecting of assessments,
1368for each fiscal year in which assessment funds are received by
1369the department, the department shall maintain records of
1370collections and expenditures for each marketing order separately
1371within the state's accounting system. If requested by an
1372advisory council, department staff shall cause to be made a
1373thorough annual audit of the books and accounts by a certified
1374public accountant, such audit to be completed within 60 days
1375after the request is received end of the fiscal year. The
1376advisory council department and all producers and handlers
1377covered by the marketing order shall be provided a copy of the
1378properly advised of the details of the annual official audit of
1379the accounts as shown by the certified public accountant within
138030 days after completion of the audit.
1381     Section 41.  Subsections (18) through (30) of section
1382581.011, Florida Statutes, are renumbered as subsections (17)
1383through (29), respectively, and present subsections (17) and
1384(20) of that section are amended to read:
1385     581.011  Definitions.-As used in this chapter:
1386     (17)  "Museum" means the Florida State Collection of
1387Arthropods.
1388     (19)(20)  "Nursery" means any grounds or premises on or in
1389which nursery stock is grown, propagated, or held for sale or
1390distribution, including except where aquatic plant species are
1391tended for harvest in the natural environment.
1392     Section 42.  Paragraph (a) of subsection (3) of section
1393581.211, Florida Statutes, is amended to read:
1394     581.211  Penalties for violations.-
1395     (3)(a)1.  In addition to any other provision of law, the
1396department may, after notice and hearing, impose an
1397administrative fine not exceeding $10,000 $5,000 for each
1398violation of this chapter, upon any person, nurseryman, stock
1399dealer, agent or plant broker. The fine, when paid, shall be
1400deposited in the Plant Industry Trust Fund. In addition, the
1401department may place the violator on probation for up to 1 year,
1402with conditions.
1403     2.  The imposition of a fine or probation pursuant to this
1404subsection may be in addition to or in lieu of the suspension or
1405revocation of a certificate of registration or certificate of
1406inspection.
1407     Section 43.  Section 583.13, Florida Statutes, is amended
1408to read:
1409     583.13  Labeling and advertising requirements for dressed
1410poultry; unlawful acts.-
1411     (1)  It is unlawful for any dealer or broker to sell, offer
1412for sale, or hold for the purpose of sale in the state any
1413dressed or ready-to-cook poultry in bulk unless the such poultry
1414is packed in a container clearly bearing a label, not less than
14153 inches by 5 inches, on which shall be plainly and legibly
1416printed, in letters of not less than 1/4 inch high in height,
1417the grade and the part name or whole-bird statement of such
1418poultry. The grade may be expressed in the term "premium,"
1419"good," or "standard," or as the grade of another state or
1420federal agency the standards of quality of which, by law, are
1421equal to the standards of quality provided by this law and rules
1422promulgated hereunder.
1423     (2)  It is unlawful to sell unpackaged dressed or ready-to-
1424cook poultry at retail unless such poultry is labeled by a
1425placard immediately adjacent to the poultry or unless each bird
1426is individually labeled to show the grade and the part name or
1427whole-bird statement. The placard shall be no smaller than 7
1428inches by 7 inches in size, and the required labeling
1429information shall be legibly and plainly printed on the placard
1430in letters not smaller than 1 inch in height.
1431     (3)  It is unlawful to sell packaged dressed or ready-to-
1432cook poultry at retail unless such poultry is labeled to show
1433the grade, the part name or whole-bird statement, the net weight
1434of the poultry, and the name and address of the dealer. The size
1435of the type on the label must be one-eighth inch or larger. A
1436placard immediately adjacent to such poultry may be used to
1437indicate the grade and the part name or whole-bird statement,
1438but not the net weight of the poultry or the name and address of
1439the dealer.
1440     (4)  It is unlawful to use dressed or ready-to-cook poultry
1441in bulk in the preparation of food served to the public, or to
1442hold such poultry for the purpose of such use, unless the
1443poultry when received was packed in a container clearly bearing
1444a label, not less than 3 inches by 5 inches, on which was
1445plainly and legibly printed, in letters not less than 1/4 one-
1446fourth inch high in height, the grade and the part name or
1447whole-bird statement of such poultry. The grade may be expressed
1448in the term "premium," "good," or "standard," or as the grade of
1449another state or federal agency the standards of quality of
1450which, by law, are equal to the standards of quality provided by
1451this law and rules promulgated hereunder.
1452     (5)  It is unlawful to offer dressed or ready-to-cook
1453poultry for sale in any advertisement in a newspaper or
1454circular, on radio or television, or in any other form of
1455advertising without plainly designating in such advertisement
1456the grade and the part name or whole-bird statement of such
1457poultry.
1458     Section 44.  Subsections (4) and (5) of section 590.125,
1459Florida Statutes, are renumbered as subsections (5) and (6),
1460respectively, subsection (1), paragraph (b) of subsection (3),
1461and paragraph (c) of present subsection (4) are amended, and new
1462subsections (4) and (7) are added to that section, to read:
1463     590.125  Open burning authorized by the division.-
1464     (1)  DEFINITIONS.-As used in this section, the term:
1465     (a)  "Certified pile burner" means an individual who
1466successfully completes the division's pile burning certification
1467program and possesses a valid pile burner certification number.
1468     (b)  "Certified prescribed burn manager" means an
1469individual who successfully completes the certified prescribed
1470burning certification program of the division and possesses a
1471valid certification number.
1472     (c)(d)  "Extinguished" means:
1473     1.  that no spreading flame For wild land burning or
1474certified prescribed burning, that no spreading flames exist.
1475     2.  and no visible flame, smoke, or emissions For
1476vegetative land-clearing debris burning or pile burning, that no
1477visible flames exist.
1478     3.  For vegetative land-clearing debris burning or pile
1479burning in an area designated as smoke sensitive by the
1480division, that no visible flames, smoke, or emissions exist.
1481     (d)  "Land-clearing operation" means the uprooting or
1482clearing of vegetation in connection with the construction of
1483buildings and rights-of-way, land development, and mineral
1484operations. The term does not include the clearing of yard
1485trash.
1486     (e)  "Pile burning" means the burning of silvicultural,
1487agricultural, or land-clearing and tree-cutting debris
1488originating onsite, which is stacked together in a round or
1489linear fashion, including, but not limited to, a windrow.
1490     (f)(a)  "Prescribed burning" means the controlled
1491application of fire in accordance with a written prescription
1492for vegetative fuels under specified environmental conditions
1493while following appropriate precautionary measures that ensure
1494that the fire is confined to a predetermined area to accomplish
1495the planned fire or land-management objectives.
1496     (g)(c)  "Prescription" means a written plan establishing
1497the criteria necessary for starting, controlling, and
1498extinguishing a prescribed burn.
1499     (h)  "Yard trash" means vegetative matter resulting from
1500landscaping and yard maintenance operations and other such
1501routine property cleanup activities. The term includes materials
1502such as leaves, shrub trimmings, grass clippings, brush, and
1503palm fronds.
1504     (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1505PURPOSE.-
1506     (b)  Certified prescribed burning pertains only to
1507broadcast burning for purposes of silviculture, wildlife
1508management, ecological maintenance and restoration, and range
1509and pasture management. It must be conducted in accordance with
1510this subsection and:
1511     1.  May be accomplished only when a certified prescribed
1512burn manager is present on site with a copy of the prescription
1513from ignition of the burn to its completion.
1514     2.  Requires that a written prescription be prepared before
1515receiving authorization to burn from the division.
1516     3.  Requires that the specific consent of the landowner or
1517his or her designee be obtained before requesting an
1518authorization.
1519     4.  Requires that an authorization to burn be obtained from
1520the division before igniting the burn.
1521     5.  Requires that there be adequate firebreaks at the burn
1522site and sufficient personnel and firefighting equipment for the
1523control of the fire.
1524     6.  Is considered to be in the public interest and does not
1525constitute a public or private nuisance when conducted under
1526applicable state air pollution statutes and rules.
1527     7.  Is considered to be a property right of the property
1528owner if vegetative fuels are burned as required in this
1529subsection.
1530     (4)  CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1531PURPOSE.-
1532     (a)  Pile burning is a tool that benefits current and
1533future generations in Florida by disposing of naturally
1534occurring vegetative debris through burning rather than
1535disposing of the debris in landfills.
1536     (b)  Certified pile burning pertains to the disposal of
1537piled, naturally occurring debris from an agricultural,
1538silvicultural, or temporary land-clearing operation. A land-
1539clearing operation is temporary if it operates for 6 months or
1540less. Certified pile burning must be conducted in accordance
1541with this subsection, and:
1542     1.  A certified pile burner must ensure, before ignition,
1543that the piles are properly placed and that the content of the
1544piles is conducive to efficient burning.
1545     2.  A certified pile burner must ensure that the piles are
1546properly extinguished no later than 1 hour after sunset. If the
1547burn is conducted in an area designated by the division as smoke
1548sensitive, a certified pile burner must ensure that the piles
1549are properly extinguished at least 1 hour before sunset.
1550     3.  A written pile burn plan must be prepared before
1551receiving authorization from the division to burn.
1552     4.  The specific consent of the landowner or his or her
1553agent must be obtained before requesting authorization to burn.
1554     5.  An authorization to burn must be obtained from the
1555division or its designated agent before igniting the burn.
1556     6.  There must be adequate firebreaks and sufficient
1557personnel and firefighting equipment at the burn site to control
1558the fire.
1559     (c)  If a burn is conducted in accordance with this
1560subsection, the property owner and his or her agent are not
1561liable under s. 590.13 for damage or injury caused by the fire
1562or resulting smoke, and are not in violation of subsection (2),
1563unless gross negligence is proven.
1564     (d)  A certified pile burner who violates this section
1565commits a misdemeanor of the second degree, punishable as
1566provided in s. 775.082 or s. 775.083.
1567     (e)  The division shall adopt rules regulating certified
1568pile burning. The rules shall include procedures and criteria
1569for certifying and decertifying certified pile burn managers
1570based on past experience, training, and record of compliance
1571with this section.
1572     (5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1573DIVISION.-The division may conduct fuel reduction initiatives,
1574including, but not limited to, burning and mechanical and
1575chemical treatment, on any area of wild land within the state
1576which is reasonably determined to be in danger of wildfire in
1577accordance with the following procedures:
1578     (c)  Prepare, and send the county tax collector shall
1579include with the annual tax statement, a notice to be sent to
1580all landowners in each area township designated by the division
1581as a wildfire hazard area. The notice must describe particularly
1582the area to be treated and the tentative date or dates of the
1583treatment and must list the reasons for and the expected
1584benefits from the wildfire hazard reduction.
1585     (7)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1586AUTHORIZATION PROGRAMS.-
1587     (a)  A county or municipality may exercise the division's
1588authority, if delegated by the division under this subsection,
1589to issue authorizations for the burning of yard trash or debris
1590from land-clearing operations. A county's or municipality's
1591existing or proposed open burning authorization program must:
1592     1.  Be approved by the division. The division shall not
1593approve a program if it fails to meet the requirements of
1594subsections (2) and (4) and any rules adopted under those
1595subsections.
1596     2.  Provide by ordinance or local law the requirements for
1597obtaining and performing a burn authorization that comply with
1598subsections (2) and (4) and any rules adopted under those
1599subsections.
1600     3.  Provide for the enforcement of the program's
1601requirements.
1602     4.  Provide financial, personnel, and other resources
1603needed to carry out the program.
1604     (b)  If the division determines that a county's or
1605municipality's open burning authorization program does not
1606comply with subsections (2) and (4) and any rules adopted under
1607those subsections, the division shall require the county or
1608municipality to take necessary corrective actions within a
1609reasonable period, not to exceed 90 days.
1610     1.  If the county or municipality fails to take the
1611necessary corrective actions within the required period, the
1612division shall resume administration of the open burning
1613authorization program in the county or municipality and the
1614county or municipality shall cease administration of its
1615program.
1616     2.  Each county and municipality administering an open
1617burning authorization program must cooperate with and assist the
1618division in carrying out the division's powers, duties, and
1619functions.
1620     3.  A person who violates the requirements of a county's or
1621municipality's open burning authorization program, as provided
1622by ordinance or local law enacted pursuant to this section,
1623commits a violation of this chapter, punishable as provided in
1624s. 590.14.
1625     Section 45.  Section 590.14, Florida Statutes, is amended
1626to read:
1627     590.14  Notice of violation; penalties.-
1628     (1)  If a division employee determines that a person has
1629violated chapter 589, or this chapter, or any rule adopted by
1630the division to administer provisions of law conferring duties
1631upon the division, the division employee he or she may issue a
1632notice of violation indicating the statute violated. This notice
1633will be filed with the division and a copy forwarded to the
1634appropriate law enforcement entity for further action if
1635necessary.
1636     (2)  In addition to any penalties provided by law, any
1637person who causes a wildfire or permits any authorized fire to
1638escape the boundaries of the authorization or to burn past the
1639time of the authorization is liable for the payment of all
1640reasonable costs and expenses incurred in suppressing the fire
1641or $150, whichever is greater. All costs and expenses incurred
1642by the division shall be payable to the division. When such
1643costs and expenses are not paid within 30 days after demand, the
1644division may take proper legal proceedings for the collection of
1645the costs and expenses. Those costs incurred by an agency acting
1646at the division's direction are recoverable by that agency.
1647     (3)  The department may also impose an administrative fine,
1648not to exceed $1,000 per violation of any section of chapter 589
1649or this chapter or violation of any rule adopted by the division
1650to administer provisions of law conferring duties upon the
1651division. The fine shall be based upon the degree of damage, the
1652prior violation record of the person, and whether the person
1653knowingly provided false information to obtain an authorization.
1654The fines shall be deposited in the Incidental Trust Fund of the
1655division.
1656     (4)  A person may not:
1657     (a)  Fail to comply with any rule or order adopted by the
1658division to administer provisions of law conferring duties upon
1659the division; or
1660     (b)  Knowingly make any false statement or representation
1661in any application, record, plan, or other document required by
1662this chapter or any rules adopted under this chapter.
1663     (5)  A person who violates paragraph (4)(a) or paragraph
1664(4)(b) commits a misdemeanor of the second degree, punishable as
1665provided in s. 775.082 or s. 775.083.
1666     (6)  It is the intent of the Legislature that a penalty
1667imposed by a court under subsection (5) be of a severity that
1668ensures immediate and continued compliance with this section.
1669     (7)(4)  The penalties provided in this section shall extend
1670to both the actual violator and the person or persons, firm, or
1671corporation causing, directing, or permitting the violation.
1672     Section 46.  Paragraph (a) of subsection (1) of section
1673599.004, Florida Statutes, is amended to read:
1674     599.004  Florida Farm Winery Program; registration; logo;
1675fees.-
1676     (1)  The Florida Farm Winery Program is established within
1677the Department of Agriculture and Consumer Services. Under this
1678program, a winery may qualify as a tourist attraction only if it
1679is registered with and certified by the department as a Florida
1680Farm Winery. A winery may not claim to be certified unless it
1681has received written approval from the department.
1682     (a)  To qualify as a certified Florida Farm Winery, a
1683winery shall meet the following standards:
1684     1.  Produce or sell less than 250,000 gallons of wine
1685annually.
1686     2.  Maintain a minimum of 10 acres of owned or managed land
1687vineyards in Florida which produces commodities used in the
1688production of wine.
1689     3.  Be open to the public for tours, tastings, and sales at
1690least 30 hours each week.
1691     4.  Make annual application to the department for
1692recognition as a Florida Farm Winery, on forms provided by the
1693department.
1694     5.  Pay an annual application and registration fee of $100.
1695     Section 47.  Subsection (1) of section 604.15, Florida
1696Statutes, is amended, and subsection (11) is added to that
1697section, to read:
1698     604.15  Dealers in agricultural products; definitions.-For
1699the purpose of ss. 604.15-604.34, the following words and terms,
1700when used, shall be construed to mean:
1701     (1)  "Agricultural products" means the natural products of
1702the farm, nursery, grove, orchard, vineyard, garden, and apiary
1703(raw or manufactured); sod; tropical foliage; horticulture; hay;
1704livestock; milk and milk products; poultry and poultry products;
1705the fruit of the saw palmetto (meaning the fruit of the Serenoa
1706repens); limes (meaning the fruit Citrus aurantifolia, variety
1707Persian, Tahiti, Bearss, or Florida Key limes); and any other
1708nonexempt agricultural products produced in the state, except
1709tobacco, sugarcane, tropical foliage, timber and timber
1710byproducts, forest products as defined in s. 591.17, and citrus
1711other than limes.
1712     (11)  "Responsible position" means a position within the
1713business of a dealer in agricultural products that has the
1714authority to negotiate or make the purchase of agricultural
1715products on behalf of the dealer's business or has principal
1716active management authority over the business decisions,
1717actions, and activities of the dealer's business in this state.
1718     Section 48.  Section 604.19, Florida Statutes, is amended
1719to read:
1720     604.19  License; fee; bond; certificate of deposit;
1721penalty.-Unless the department refuses the application on one or
1722more of the grounds provided in this section, it shall issue to
1723an applicant, upon the payment of required fees and the
1724execution and delivery of a bond or certificate of deposit as
1725provided in this section, a state license entitling the
1726applicant to conduct business as a dealer in agricultural
1727products for a 1-year period to coincide with the effective
1728period of the bond or certificate of deposit furnished by the
1729applicant. During the 1-year period covered by a license, if the
1730supporting surety bond or certificate of deposit is canceled for
1731any reason, the license shall automatically expire on the date
1732the surety bond or certificate of deposit terminates, unless an
1733acceptable replacement is in effect before the date of
1734termination so that continual coverage occurs for the remaining
1735period of the license. A surety company shall give the
1736department a 30-day written notice of cancellation by certified
1737mail in order to cancel a bond. Cancellation of a bond or
1738certificate of deposit does shall not relieve a surety company
1739or financial institution of liability for purchases or sales
1740occurring while the bond or certificate of deposit was in
1741effect. The license fee, which must be paid for the principal
1742place of business for a dealer in agricultural products, shall
1743be based upon the amount of the dealer's surety bond or
1744certificate of deposit furnished by each dealer under the
1745provisions of s. 604.20 and may not exceed $500. For each
1746additional place in which the applicant desires to conduct
1747business and which the applicant names in the application, the
1748additional license fee must be paid but may not exceed $100
1749annually. If a Should any dealer in agricultural products fails,
1750refuses, or neglects fail, refuse, or neglect to apply and
1751qualify for the renewal of a license on or before its the date
1752of expiration date thereof, a penalty not to exceed $100 shall
1753apply to and be added to the original license fee for the
1754principal place of business and to the license fee for each
1755additional place of business named in the application and shall
1756be paid by the applicant before the renewal license may be
1757issued. The department by rule shall prescribe fee amounts
1758sufficient to fund ss. 604.15-604.34.
1759     Section 49.  Section 604.25, Florida Statutes, is amended
1760to read:
1761     604.25  Denial of, refusal to renew grant, or suspension or
1762revocation of, license.-
1763     (1)  The department may deny, refuse to renew, decline to
1764grant a license or may suspend or revoke a license already
1765granted if the applicant or licensee has:
1766     (1)(a)  Suffered a monetary judgment entered against the
1767applicant or licensee upon which is execution has been returned
1768unsatisfied;
1769     (2)(b)  Made false charges for handling or services
1770rendered;
1771     (3)(c)  Failed to account promptly and properly or to make
1772settlements with any producer;
1773     (4)(d)  Made any false statement or statements as to
1774condition, quality, or quantity of goods received or held for
1775sale when the true condition, quality, or quantity could have
1776been ascertained by reasonable inspection;
1777     (5)(e)  Made any false or misleading statement or
1778statements as to market conditions or service rendered;
1779     (6)(f)  Been guilty of a fraud in the attempt to procure,
1780or the procurement of, a license;
1781     (7)(g)  Directly or indirectly sold agricultural products
1782received on consignment or on a net return basis for her or his
1783own account, without prior authority from the producer
1784consigning the same, or without notifying such producer;
1785     (8)(h)  Failed to prevent a person from holding a position
1786as the applicant's or licensee's owner, officer, director,
1787general or managing partner, or employee Employed in a
1788responsible position a person, or holding any other similarly
1789situated position, if the person holds or has held a similar
1790position with any entity that an officer of a corporation, who
1791has failed to fully comply with an order of the department, has
1792not satisfied a civil judgment held by the department, has
1793pending any administrative or civil enforcement action by the
1794department, or has pending any criminal charges pursuant to s.
1795604.30 at any time within 1 year after issuance;
1796     (9)(i)  Violated any statute or rule relating to the
1797purchase or sale of any agricultural product, whether or not
1798such transaction is subject to the provisions of this chapter;
1799or
1800     (10)(j)  Failed to submit to the department an application,
1801appropriate license fees, and an acceptable surety bond or
1802certificate of deposit; or.
1803     (11)(2)  Failed If a licensee fails or refused refuses to
1804comply in full with an order of the department or failed to
1805satisfy a civil judgment owed to the department, her or his
1806license may be suspended or revoked, in which case she or he
1807shall not be eligible for license for a period of 1 year or
1808until she or he has fully complied with the order of the
1809department.
1810     (3)  No person, or officer of a corporation, whose license
1811has been suspended or revoked for failure to comply with an
1812order of the department may hold a responsible position with a
1813licensee for a period of 1 year or until the order of the
1814department has been fully complied with.
1815     Section 50.  Subsections (18) and (19) of section 616.242,
1816Florida Statutes, are renumbered as subsections (19) and (20),
1817respectively, and a new subsection (18) is added to that section
1818to read:
1819     616.242  Safety standards for amusement rides.-
1820     (18)  STOP-OPERATION ORDERS.-If an owner or amusement ride
1821fails to comply with this chapter or any rule adopted under this
1822chapter, the department may issue a stop-operation order.
1823     Section 51.  Subsection (4) of section 686.201, Florida
1824Statutes, is amended to read:
1825     686.201  Sales representative contracts involving
1826commissions; requirements; termination of agreement; civil
1827remedies.-
1828     (4)  This section does not apply to:
1829     (a)  Persons licensed pursuant to chapter 475 who are
1830performing services within the scope of their license.
1831     (b)  Contracts to which a seller of travel as defined in s.
1832559.927 is a party.
1833     Section 52.  Paragraph (c) of subsection (5) of section
1834790.06, Florida Statutes, is amended to read:
1835     790.06  License to carry concealed weapon or firearm.-
1836     (5)  The applicant shall submit to the Department of
1837Agriculture and Consumer Services:
1838     (c)  A full set of fingerprints of the applicant
1839administered by a law enforcement agency or the Division of
1840Licensing of the Department of Agriculture and Consumer
1841Services.
1842     Section 53.  Sections 570.071 and 570.901, Florida
1843Statutes, are repealed.
1844     Section 54.  This act shall take effect July 1, 2010.


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