Florida Senate - 2010                              CS for SB 382
       
       
       
       By the Committee on Agriculture; and Senator Dean
       
       
       
       
       575-04329-10                                           2010382c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 373.1391, F.S.;
    4         requiring that the agricultural use of land present at
    5         the time of fee simple acquisition be given priority
    6         regarding the management of the land; amending s.
    7         403.9336, F.S.; revising a reference to the Model
    8         Ordinance for Florida-Friendly Fertilizer Use on Urban
    9         Landscapes; amending s. 403.9337, F.S.; providing
   10         criteria for the amendment of the model ordinance;
   11         authorizing the Department of Environmental Protection
   12         to adopt rules updating the model ordinance; revising
   13         the criteria for a local government’s adoption of
   14         additional or more stringent standards; exempting
   15         lands used for certain research from provisions
   16         regulating fertilizer use on urban landscapes;
   17         amending s. 493.6102, F.S.; specifying that provisions
   18         regulating security officers do not apply to certain
   19         law enforcement, correctional, and probation officers
   20         performing off-duty activities; amending s. 493.6105,
   21         F.S.; revising the application requirements and
   22         procedures for certain private investigative, private
   23         security, recovery agent, and firearm licenses;
   24         specifying application requirements for firearms
   25         instructor licenses; amending s. 493.6106, F.S.;
   26         revising citizenship requirements and documentation
   27         for certain private investigative, private security,
   28         and recovery agent licenses; prohibiting the licensure
   29         of applicants for a statewide firearm license or
   30         firearms instructor license who are prohibited from
   31         purchasing or possessing firearms; requiring that
   32         private investigative, security, and recovery agencies
   33         notify the Department of Agriculture and Consumer
   34         Services of changes to their branch office locations;
   35         amending s. 493.6107, F.S.; requiring the department
   36         to accept certain methods of payment for certain fees;
   37         amending s. 493.6108, F.S.; revising requirements for
   38         criminal history checks of license applicants whose
   39         fingerprints are not legible; requiring the
   40         investigation of the mental and emotional fitness of
   41         applicants for firearms instructor licenses; amending
   42         s. 493.6111, F.S.; requiring a security officer school
   43         or recovery agent school to obtain the department’s
   44         approval for use of a fictitious name; specifying that
   45         a licensee may not conduct business under more than
   46         one fictitious name; amending s. 493.6113, F.S.;
   47         revising application renewal procedures and
   48         requirements; amending s. 493.6115, F.S.; conforming
   49         cross-references; amending s. 493.6118, F.S.;
   50         authorizing disciplinary action against statewide
   51         firearm licensees and firearms instructor licensees
   52         who are prohibited from purchasing or possessing
   53         firearms; amending s. 493.6121, F.S.; deleting
   54         provisions for the department’s access to certain
   55         criminal history records provided to licensed gun
   56         dealers, manufacturers, and exporters; amending s.
   57         493.6202, F.S.; requiring the department to accept
   58         certain methods of payment for certain fees; amending
   59         s. 493.6203, F.S.; prohibiting bodyguard services from
   60         being credited toward certain license requirements;
   61         revising the training requirements for private
   62         investigator intern license applicants; requiring the
   63         automatic suspension of an intern’s license under
   64         certain circumstances; providing an exception;
   65         amending s. 493.6302, F.S.; requiring the department
   66         to accept certain methods of payment for certain fees;
   67         amending s. 493.6303, F.S.; revising the training
   68         requirements for security officer license applicants;
   69         amending s. 493.6304, F.S.; revising application
   70         requirements and procedures for security officer
   71         school licenses; amending s. 493.6401, F.S.; revising
   72         terminology for recovery agent schools and training
   73         facilities; amending s. 493.6402, F.S.; revising
   74         terminology for recovery agent schools and training
   75         facilities; requiring the department to accept certain
   76         methods of payment for certain fees; amending s.
   77         493.6406, F.S.; revising terminology; requiring
   78         recovery agent school and instructor licenses;
   79         providing license application requirements and
   80         procedures; amending s. 500.033, F.S.; revising the
   81         membership of the Florida Food Safety and Food Defense
   82         Advisory Council; amending ss. 501.605 and 501.607,
   83         F.S.; revising application requirements for commercial
   84         telephone seller and salesperson licenses; amending s.
   85         501.913, F.S.; specifying the sample size required for
   86         antifreeze registration application; amending s.
   87         525.01, F.S.; revising requirements for petroleum fuel
   88         affidavits; amending s. 525.09, F.S.; imposing an
   89         inspection fee on certain alternative fuels containing
   90         alcohol; amending s. 526.50, F.S.; defining terms
   91         applicable to regulation of the sale of brake fluid;
   92         amending s. 526.51, F.S.; revising application
   93         requirements for brake fluid permits; amending s.
   94         526.52, F.S.; revising requirements for printed
   95         statements on brake fluid containers; amending s.
   96         526.53, F.S.; revising requirements and procedures for
   97         brake fluid stop-sale orders; authorizing businesses
   98         to dispose of unregistered brake fluid under certain
   99         circumstances; amending s. 527.0201, F.S.; revising
  100         requirements for liquefied petroleum gas qualifying
  101         examinations; increasing continuing education
  102         requirements for certain liquefied petroleum gas
  103         qualifiers; amending s. 527.12, F.S.; providing for
  104         the issuance of certain stop orders; amending ss.
  105         559.805 and 559.928, F.S.; deleting social security
  106         numbers as a listing requirement on registration
  107         affidavits for independent agents of sellers of
  108         business opportunities; amending s. 570.0725, F.S.;
  109         revising provisions for public information about food
  110         banks and similar food recovery programs; authorizing
  111         the department to adopt rules; amending ss. 570.53 and
  112         570.54, F.S.; conforming cross-references; amending s.
  113         570.55, F.S.; revising requirements for identifying
  114         sellers or handlers of tropical or subtropical fruit
  115         or vegetables; amending s. 570.902, F.S.; conforming
  116         terminology to the repeal by the act of provisions
  117         establishing the Florida Agricultural Museum; amending
  118         s. 570.903, F.S.; revising provisions for direct
  119         support organizations for certain agricultural
  120         programs to conform to the repeal by the act of
  121         provisions establishing the Florida Agricultural
  122         Museum; deleting provisions for a direct-support
  123         organization for the Florida State Collection of
  124         Arthropods; amending s. 573.118, F.S.; requiring the
  125         department to maintain records of marketing orders;
  126         requiring an audit at the request of an advisory
  127         council; requiring that the advisory council receive a
  128         copy of the audit within a specified time; amending s.
  129         581.011, F.S.; deleting terminology relating to the
  130         Florida State Collection of Arthropods; revising the
  131         term “nursery” for purposes of plant industry
  132         regulations; amending s. 581.211, F.S.; increasing the
  133         maximum fine for violations of plant industry
  134         regulations; amending s. 583.13, F.S.; deleting a
  135         prohibition on the sale of poultry without displaying
  136         the poultry grade; amending s. 585.61, F.S.;
  137         designating the animal disease diagnostic laboratory
  138         complex in Osceola County; amending s. 590.125, F.S.;
  139         revising terminology for open burning authorizations;
  140         specifying purposes of certified prescribed burning;
  141         requiring the authorization of the Division of
  142         Forestry for certified pile burning; providing pile
  143         burning requirements; limiting the liability of
  144         property owners or agents engaged in pile burning;
  145         providing for the certification of pile burners;
  146         providing penalties for violations by certified pile
  147         burners; requiring rules; authorizing the division to
  148         adopt rules regulating certified pile burning;
  149         revising notice requirements for wildfire hazard
  150         reduction treatments; providing for approval of local
  151         government open burning authorization programs;
  152         providing program requirements; authorizing the
  153         division to close local government programs under
  154         certain circumstances; providing penalties for
  155         violations of local government open burning
  156         requirements; amending s. 590.14, F.S.; authorizing
  157         fines for violations of any division rule; providing
  158         penalties for certain violations; providing
  159         legislative intent; amending s. 599.004, F.S.;
  160         revising standards that a winery must meet to qualify
  161         as a certified Florida Farm Winery; amending s.
  162         604.15, F.S.; revising the term “agricultural
  163         products” to make tropical foliage exempt from
  164         regulation under provisions relating to dealers in
  165         agricultural products; defining the term “responsible
  166         position”; amending s. 604.19, F.S.; revising
  167         requirements for late fees on agricultural products
  168         dealer applications; amending s. 604.25, F.S.;
  169         revising conditions under which the department may
  170         deny, refuse to renew, suspend, or revoke agricultural
  171         products dealer licenses; deleting a provision
  172         prohibiting certain persons from holding a responsible
  173         position with a licensee; amending s. 616.242, F.S.;
  174         authorizing the issuance of stop-operation orders for
  175         amusement rides under certain circumstances; amending
  176         s. 686.201, F.S.; exempting contracts to which a
  177         seller of travel is a party from provisions governing
  178         certain contracts involving commissions; amending s.
  179         790.06, F.S.; authorizing a concealed firearm license
  180         applicant to submit fingerprints administered by the
  181         Division of Licensing; repealing ss. 570.071 and
  182         570.901, F.S., relating to the Florida Agricultural
  183         Exposition and the Florida Agricultural Museum;
  184         requiring that the department and representatives of
  185         the state pest control industry prepare a report for
  186         the President of the Senate, the Speaker of the House
  187         of Representatives, and the chairpersons of specified
  188         legislative committees by a certain date; requiring
  189         that the report include recommendations for changes in
  190         the law to provide for disciplinary action against
  191         licensees of the pest control industry under certain
  192         circumstances; providing that the report may also
  193         address additional issues of concern to members of the
  194         industry; providing an effective date.
  195  
  196  Be It Enacted by the Legislature of the State of Florida:
  197  
  198         Section 1. Paragraph (d) of subsection (1) of section
  199  373.1391, Florida Statutes, is amended to read:
  200         373.1391 Management of real property.—
  201         (1)
  202         (d) For any fee simple acquisition of a parcel which is or
  203  will be leased back for agricultural purposes, or for any
  204  acquisition of a less-than-fee interest in lands that is or will
  205  be used for agricultural purposes, the district governing board
  206  shall first consider having a soil and water conservation
  207  district created pursuant to chapter 582 manage and monitor such
  208  interest. Priority shall be given to the agricultural use
  209  present at the time of fee simple acquisition of the parcel.
  210         Section 2. Section 403.9336, Florida Statutes, is amended
  211  to read:
  212         403.9336 Legislative findings.—The Legislature finds that
  213  the implementation of the Model Ordinance for Florida-Friendly
  214  Fertilizer Use on Urban Landscapes (2008), which was developed
  215  by the department in conjunction with the Florida Consumer
  216  Fertilizer Task Force, the Department of Agriculture and
  217  Consumer Services, and the University of Florida Institute of
  218  Food and Agricultural Sciences, will assist in protecting the
  219  quality of Florida’s surface water and groundwater resources.
  220  The Legislature further finds that local conditions, including
  221  variations in the types and quality of water bodies, site
  222  specific soils and geology, and urban or rural densities and
  223  characteristics, may necessitate the implementation of
  224  additional or more stringent fertilizer management practices at
  225  the local government level.
  226         Section 3. Section 403.9337, Florida Statutes, is amended
  227  to read:
  228         403.9337 Model Ordinance for Florida-Friendly Fertilizer
  229  Use on Urban Landscapes.—
  230         (1) The Model Ordinance for Florida-Friendly Fertilizer Use
  231  on Urban Landscapes (2009) may be amended. All amendments made
  232  on or after July 1, 2010, shall be adopted by an order of the
  233  department. Before adoption, the department shall hold at least
  234  one public workshop to discuss and receive comments on the
  235  amended Model Ordinance for Florida-Friendly Fertilizer Use on
  236  Urban Landscapes. At a minimum, the department shall notify
  237  interested stakeholders, including representatives from the
  238  nursery and landscape industry, pest control industry, the
  239  Department of Agriculture and Consumer Services, the University
  240  of Florida’s Institute of Food and Agricultural Sciences,
  241  environmental groups, and county and local governments,
  242  regarding the public workshop. The order is subject to challenge
  243  under chapter 120.
  244         (2)(1) All county and municipal governments are encouraged
  245  to adopt and enforce the Model Ordinance for Florida-Friendly
  246  Fertilizer Use on Urban Landscapes or an equivalent requirement
  247  as a mechanism for protecting local surface and groundwater
  248  quality.
  249         (3)(2) Each county and municipal government located within
  250  the watershed of a water body or water segment that is listed as
  251  impaired by nutrients pursuant to s. 403.067, must shall, at a
  252  minimum, adopt the most recent version of the department’s Model
  253  Ordinance for Florida-Friendly Fertilizer Use on Urban
  254  Landscapes. A local government may adopt additional or more
  255  stringent standards than the model ordinance if, before
  256  adoption, the following criteria are met:
  257         (a) The local government has implemented demonstrated, as
  258  part of a comprehensive program to address nonpoint sources of
  259  nutrient pollution but which is science-based, and economically
  260  and technically feasible, that additional or more stringent
  261  standards than the model ordinance are necessary in order to
  262  adequately address urban fertilizer contributions to nonpoint
  263  source nutrient loading to a water body. In all instances, the
  264  comprehensive program must be science-based and economically and
  265  technically feasible. A comprehensive program may include, but
  266  is not limited to:
  267         1. Nonpoint source activities adopted as part of a basin
  268  management plan developed pursuant to s. 403.067(7);
  269         2. Adoption of Florida-friendly landscaping requirements,
  270  as provided in s. 373.185, into the local government’s
  271  development code; or
  272         3. The requirement for and enforcement of the
  273  implementation of low-impact development practices.
  274         (b) The local government documents in the public record the
  275  need for more stringent standards, including the scientifically
  276  documented impairment of waters within the local government’s
  277  jurisdiction due to nutrient enrichment attributable to
  278  landforms, soils, hydrology, climate, or geology, and the local
  279  government documents that it has requested and considered all
  280  relevant scientific information, including input from the
  281  department, the institute, the Department of Agriculture and
  282  Consumer Services, and the University of Florida’s Florida
  283  Institute of Food and Agricultural Sciences, if provided, on the
  284  need for additional or more stringent provisions to address
  285  fertilizer use as a contributor to water quality degradation.
  286  All documentation must become part of the public record before
  287  adoption of the additional or more stringent criteria.
  288         (4)(3) Any county or municipal government that adopted its
  289  own fertilizer use ordinance before January 1, 2009, is exempt
  290  from this section. Ordinances adopted or amended on or after
  291  January 1, 2009, must substantively conform to the most recent
  292  version of the model fertilizer ordinance and are subject to
  293  subsections (1) and (2), as applicable.
  294         (5) A fertilizer ordinance adopted by a county or municipal
  295  government does not prohibit an individual licensed under s.
  296  482.1562 from conducting his or her occupation, which may
  297  include, based on site-specific assessment such as soil testing
  298  or leaf tissue analysis, the application of macronutrients or
  299  micronutrients throughout the calendar year.
  300         (6)(4) This section does not apply to the use of
  301  fertilizer:
  302         (a) On farm operations as defined in s. 823.14; or
  303         (b) On lands classified as agricultural lands pursuant to
  304  s. 193.461; or.
  305         (c) On any lands utilized for scientific research, such as
  306  urban stormwater, water quality, agronomic, or horticultural.
  307         Section 4. Subsection (1) of section 493.6102, Florida
  308  Statutes, is amended to read:
  309         493.6102 Inapplicability of this chapter.—This chapter
  310  shall not apply to:
  311         (1) Any individual who is an “officer” as defined in s.
  312  943.10(14), or is a law enforcement officer of the United States
  313  Government, while the such local, state, or federal officer is
  314  engaged in her or his official duties or, if approved by the
  315  officer’s supervisors, when performing off-duty activities as a
  316  security officer activities approved by her or his superiors.
  317         Section 5. Section 493.6105, Florida Statutes, is amended
  318  to read:
  319         493.6105 Initial application for license.—
  320         (1) Each individual, partner, or principal officer in a
  321  corporation, shall file with the department a complete
  322  application accompanied by an application fee not to exceed $60,
  323  except that the applicant for a Class “D” or Class “G” license
  324  is shall not be required to submit an application fee. The
  325  application fee is shall not be refundable.
  326         (a) The application submitted by any individual, partner,
  327  or corporate officer must shall be approved by the department
  328  before the prior to that individual, partner, or corporate
  329  officer assumes assuming his or her duties.
  330         (b) Individuals who invest in the ownership of a licensed
  331  agency, but do not participate in, direct, or control the
  332  operations of the agency are shall not be required to file an
  333  application.
  334         (2) Each application must shall be signed and verified by
  335  the individual under oath as provided in s. 92.525 and shall be
  336  notarized.
  337         (3) The application must shall contain the following
  338  information concerning the individual signing the application
  339  same:
  340         (a) Name and any aliases.
  341         (b) Age and date of birth.
  342         (c) Place of birth.
  343         (d) Social security number or alien registration number,
  344  whichever is applicable.
  345         (e) Current Present residence address and his or her
  346  residence addresses within the 5 years immediately preceding the
  347  submission of the application.
  348         (f) Occupations held presently and within the 5 years
  349  immediately preceding the submission of the application.
  350         (f)(g) A statement of all criminal convictions, findings of
  351  guilt, and pleas of guilty or nolo contendere, regardless of
  352  adjudication of guilt.
  353         (g) One passport-type color photograph taken within the 6
  354  months immediately preceding submission of the application.
  355         (h) A statement whether he or she has ever been adjudicated
  356  incompetent under chapter 744.
  357         (i) A statement whether he or she has ever been committed
  358  to a mental institution under chapter 394.
  359         (j) A full set of fingerprints on a card provided by the
  360  department and a fingerprint fee to be established by rule of
  361  the department based upon costs determined by state and federal
  362  agency charges and department processing costs. An applicant who
  363  has, within the immediately preceding 6 months, submitted a
  364  fingerprint card and fee for licensing purposes under this
  365  chapter shall not be required to submit another fingerprint card
  366  or fee.
  367         (k) A personal inquiry waiver which allows the department
  368  to conduct necessary investigations to satisfy the requirements
  369  of this chapter.
  370         (l) Such further facts as may be required by the department
  371  to show that the individual signing the application is of good
  372  moral character and qualified by experience and training to
  373  satisfy the requirements of this chapter.
  374         (4) In addition to the application requirements outlined in
  375  subsection (3), the applicant for a Class “C,” Class “CC,” Class
  376  “E,” Class “EE,” or Class “G” license shall submit two color
  377  photographs taken within the 6 months immediately preceding the
  378  submission of the application, which meet specifications
  379  prescribed by rule of the department. All other applicants shall
  380  submit one photograph taken within the 6 months immediately
  381  preceding the submission of the application.
  382         (4)(5) In addition to the application requirements outlined
  383  under subsection (3), the applicant for a Class “C,” Class “E,”
  384  Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall
  385  include a statement on a form provided by the department of the
  386  experience which he or she believes will qualify him or her for
  387  such license.
  388         (5)(6) In addition to the requirements outlined in
  389  subsection (3), an applicant for a Class “G” license shall
  390  satisfy minimum training criteria for firearms established by
  391  rule of the department, which training criteria shall include,
  392  but is not limited to, 28 hours of range and classroom training
  393  taught and administered by a Class “K” licensee; however, no
  394  more than 8 hours of such training shall consist of range
  395  training. If the applicant can show proof that he or she is an
  396  active law enforcement officer currently certified under the
  397  Criminal Justice Standards and Training Commission or has
  398  completed the training required for that certification within
  399  the last 12 months, or if the applicant submits one of the
  400  certificates specified in paragraph (6)(a) (7)(a), the
  401  department may waive the foregoing firearms training
  402  requirement.
  403         (6)(7) In addition to the requirements under subsection
  404  (3), an applicant for a Class “K” license shall:
  405         (a) Submit one of the following certificates:
  406         1. The Florida Criminal Justice Standards and Training
  407  Commission Firearms Instructor’s Certificate and confirmation by
  408  the commission that the applicant is authorized to provide
  409  firearms instruction.
  410         2. The National Rifle Association Law Enforcement Police
  411  Firearms Instructor’s Certificate.
  412         3. The National Rifle Association Security Firearms
  413  Instructor’s Certificate.
  414         3.4. A firearms instructor’s training certificate issued by
  415  any branch of the United States Armed Forces, from a federal law
  416  enforcement academy or agency, state, county, or a law
  417  enforcement municipal police academy or agency in this state
  418  recognized as such by the Criminal Justice Standards and
  419  Training Commission or by the Department of Education.
  420         (b) Pay the fee for and pass an examination administered by
  421  the department which shall be based upon, but is not necessarily
  422  limited to, a firearms instruction manual provided by the
  423  department.
  424         (7)(8) In addition to the application requirements for
  425  individuals, partners, or officers outlined under subsection
  426  (3), the application for an agency license shall contain the
  427  following information:
  428         (a) The proposed name under which the agency intends to
  429  operate.
  430         (b) The street address, mailing address, and telephone
  431  numbers of the principal location at which business is to be
  432  conducted in this state.
  433         (c) The street address, mailing address, and telephone
  434  numbers of all branch offices within this state.
  435         (d) The names and titles of all partners or, in the case of
  436  a corporation, the names and titles of its principal officers.
  437         (8)(9) Upon submission of a complete application, a Class
  438  “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
  439  Class “MA,” Class “MB,” or Class “MR” applicant may commence
  440  employment or appropriate duties for a licensed agency or branch
  441  office. However, the Class “C” or Class “E” applicant must work
  442  under the direction and control of a sponsoring licensee while
  443  his or her application is being processed. If the department
  444  denies application for licensure, the employment of the
  445  applicant must be terminated immediately, unless he or she
  446  performs only unregulated duties.
  447         Section 6. Paragraph (f) of subsection (1) and paragraph
  448  (a) of subsection (2) of section 493.6106, Florida Statutes, are
  449  amended, and paragraph (g) is added to subsection (1) of that
  450  section, to read:
  451         493.6106 License requirements; posting.—
  452         (1) Each individual licensed by the department must:
  453         (f) Be a citizen or permanent legal resident alien of the
  454  United States or have appropriate been granted authorization
  455  issued to seek employment in this country by the United States
  456  Bureau of Citizenship and Immigration Services of the United
  457  States Department of Homeland Security.
  458         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  459  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  460  “MB,” Class “MR,” or Class “RI” license who is not a United
  461  States citizen must submit proof of current employment
  462  authorization issued by the United States Bureau of Citizenship
  463  and Immigration Services or proof that she or he is deemed a
  464  permanent legal resident alien by the United States Bureau of
  465  Citizenship and Immigration Services.
  466         2. An applicant for a Class “G” or Class “K” license who is
  467  not a United States citizen must submit proof that she or he is
  468  deemed a permanent legal resident alien by the United States
  469  Bureau of Citizenship and Immigration Services, together with
  470  additional documentation establishing that she or he has resided
  471  in the state of residence shown on the application for at least
  472  90 consecutive days before the date that the application is
  473  submitted.
  474         3. An applicant for an agency or school license who is not
  475  a United States citizen or permanent legal resident alien must
  476  submit documentation issued by the United States Bureau of
  477  Citizenship and Immigration Services stating that she or he is
  478  lawfully in the United States and is authorized to own and
  479  operate the type of agency or school for which she or he is
  480  applying. An employment authorization card issued by the United
  481  States Bureau of Citizenship and Immigration Services is not
  482  sufficient documentation.
  483         (g) Not be prohibited from purchasing or possessing a
  484  firearm by state or federal law if the individual is applying
  485  for a Class “G” license or a Class “K” license.
  486         (2) Each agency shall have a minimum of one physical
  487  location within this state from which the normal business of the
  488  agency is conducted, and this location shall be considered the
  489  primary office for that agency in this state.
  490         (a) If an agency or branch office desires to change the
  491  physical location of the business, as it appears on the agency
  492  license, the department must be notified within 10 days of the
  493  change, and, except upon renewal, the fee prescribed in s.
  494  493.6107 must be submitted for each license requiring revision.
  495  Each license requiring revision must be returned with such
  496  notification.
  497         Section 7. Subsection (3) of section 493.6107, Florida
  498  Statutes, is amended to read:
  499         493.6107 Fees.—
  500         (3) The fees set forth in this section must be paid by
  501  certified check or money order or, at the discretion of the
  502  department, by agency check at the time the application is
  503  approved, except that the applicant for a Class “G” or Class “M”
  504  license must pay the license fee at the time the application is
  505  made. If a license is revoked or denied or if the application is
  506  withdrawn, the license fee shall not be refunded.
  507         Section 8. Paragraph (a) of subsection (1) and subsection
  508  (3) of section 493.6108, Florida Statutes, are amended to read:
  509         493.6108 Investigation of applicants by Department of
  510  Agriculture and Consumer Services.—
  511         (1) Except as otherwise provided, prior to the issuance of
  512  a license under this chapter, the department shall make an
  513  investigation of the applicant for a license. The investigation
  514  shall include:
  515         (a)1. An examination of fingerprint records and police
  516  records. When a criminal history analysis of any applicant under
  517  this chapter is performed by means of fingerprint card
  518  identification, the time limitations prescribed by s. 120.60(1)
  519  shall be tolled during the time the applicant’s fingerprint card
  520  is under review by the Department of Law Enforcement or the
  521  United States Department of Justice, Federal Bureau of
  522  Investigation.
  523         2. If a legible set of fingerprints, as determined by the
  524  Department of Law Enforcement or the Federal Bureau of
  525  Investigation, cannot be obtained after two attempts, the
  526  Department of Agriculture and Consumer Services may determine
  527  the applicant’s eligibility based upon a criminal history record
  528  check under the applicant’s name conducted by the Department of
  529  Law Enforcement if the and the Federal Bureau of Investigation.
  530  A set of fingerprints are taken by a law enforcement agency or
  531  the department and the applicant submits a written statement
  532  signed by the fingerprint technician or a licensed physician
  533  stating that there is a physical condition that precludes
  534  obtaining a legible set of fingerprints or that the fingerprints
  535  taken are the best that can be obtained is sufficient to meet
  536  this requirement.
  537         (3) The department shall also investigate the mental
  538  history and current mental and emotional fitness of any Class
  539  “G” or Class “K” applicant, and may deny a Class “G” or Class
  540  “K” license to anyone who has a history of mental illness or
  541  drug or alcohol abuse.
  542         Section 9. Subsection (4) of section 493.6111, Florida
  543  Statutes, is amended to read:
  544         493.6111 License; contents; identification card.—
  545         (4) Notwithstanding the existence of a valid Florida
  546  corporate registration, an no agency or school licensee may not
  547  conduct activities regulated under this chapter under any
  548  fictitious name without prior written authorization from the
  549  department to use that name in the conduct of activities
  550  regulated under this chapter. The department may not authorize
  551  the use of a name which is so similar to that of a public
  552  officer or agency, or of that used by another licensee, that the
  553  public may be confused or misled thereby. The authorization for
  554  the use of a fictitious name shall require, as a condition
  555  precedent to the use of such name, the filing of a certificate
  556  of engaging in business under a fictitious name under s. 865.09.
  557  A No licensee may not shall be permitted to conduct business
  558  under more than one fictitious name except as separately
  559  licensed nor shall the license be valid to protect any licensee
  560  who is engaged in the business under any name other than that
  561  specified in the license. An agency desiring to change its
  562  licensed name shall notify the department and, except upon
  563  renewal, pay a fee not to exceed $30 for each license requiring
  564  revision including those of all licensed employees except Class
  565  “D” or Class “G” licensees. Upon the return of such licenses to
  566  the department, revised licenses shall be provided.
  567         Section 10. Subsection (2) and paragraph (a) of subsection
  568  (3) of section 493.6113, Florida Statutes, are amended to read:
  569         493.6113 Renewal application for licensure.—
  570         (2) At least No less than 90 days before prior to the
  571  expiration date of the license, the department shall mail a
  572  written notice to the last known mailing residence address of
  573  the licensee for individual licensees and to the last known
  574  agency address for agencies.
  575         (3) Each licensee shall be responsible for renewing his or
  576  her license on or before its expiration by filing with the
  577  department an application for renewal accompanied by payment of
  578  the prescribed license fee.
  579         (a) Each Class “B” Class “A,” Class “B,” or Class “R”
  580  licensee shall additionally submit on a form prescribed by the
  581  department a certification of insurance which evidences that the
  582  licensee maintains coverage as required under s. 493.6110.
  583         Section 11. Subsection (8), paragraph (d) of subsection
  584  (12), and subsection (16) of section 493.6115, Florida Statutes,
  585  are amended to read:
  586         493.6115 Weapons and firearms.—
  587         (8) A Class “G” applicant must satisfy the minimum training
  588  criteria as set forth in s. 493.6105(5)(6) and as established by
  589  rule of the department.
  590         (12) The department may issue a temporary Class “G”
  591  license, on a case-by-case basis, if:
  592         (d) The applicant has received approval from the department
  593  subsequent to its conduct of a criminal history record check as
  594  authorized in s. 493.6108(1)(a)1. 493.6121(6).
  595         (16) If the criminal history record check program
  596  referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
  597  department may issue a temporary “G” license on a case-by-case
  598  basis, provided that the applicant has met all statutory
  599  requirements for the issuance of a temporary “G” license as
  600  specified in subsection (12), excepting the criminal history
  601  record check stipulated there; provided, that the department
  602  requires that the licensed employer of the applicant conduct a
  603  criminal history record check of the applicant pursuant to
  604  standards set forth in rule by the department, and provide to
  605  the department an affidavit containing such information and
  606  statements as required by the department, including a statement
  607  that the criminal history record check did not indicate the
  608  existence of any criminal history that would prohibit licensure.
  609  Failure to properly conduct such a check, or knowingly providing
  610  incorrect or misleading information or statements in the
  611  affidavit shall constitute grounds for disciplinary action
  612  against the licensed agency, including revocation of license.
  613         Section 12. Paragraph (u) of subsection (1) of section
  614  493.6118, Florida Statutes, is redesignated as paragraph (v),
  615  and a new paragraph (u) is added to that subsection to read:
  616         493.6118 Grounds for disciplinary action.—
  617         (1) The following constitute grounds for which disciplinary
  618  action specified in subsection (2) may be taken by the
  619  department against any licensee, agency, or applicant regulated
  620  by this chapter, or any unlicensed person engaged in activities
  621  regulated under this chapter.
  622         (u) For a Class “G” or a Class “K” applicant or licensee,
  623  being prohibited from purchasing or possessing a firearm by
  624  state or federal law.
  625         Section 13. Subsections (7) and (8) of section 493.6121,
  626  Florida Statutes, are renumbered as subsections (6) and (7),
  627  respectively, and present subsection (6) of that section is
  628  amended, to read:
  629         493.6121 Enforcement; investigation.—
  630         (6) The department shall be provided access to the program
  631  that is operated by the Department of Law Enforcement, pursuant
  632  to s. 790.065, for providing criminal history record information
  633  to licensed gun dealers, manufacturers, and exporters. The
  634  department may make inquiries, and shall receive responses in
  635  the same fashion as provided under s. 790.065. The department
  636  shall be responsible for payment to the Department of Law
  637  Enforcement of the same fees as charged to others afforded
  638  access to the program.
  639         Section 14. Subsection (3) of section 493.6202, Florida
  640  Statutes, is amended to read:
  641         493.6202 Fees.—
  642         (3) The fees set forth in this section must be paid by
  643  certified check or money order or, at the discretion of the
  644  department, by agency check at the time the application is
  645  approved, except that the applicant for a Class “G,” Class “C,”
  646  Class “CC,” Class “M,” or Class “MA” license must pay the
  647  license fee at the time the application is made. If a license is
  648  revoked or denied or if the application is withdrawn, the
  649  license fee shall not be refunded.
  650         Section 15. Subsections (2), (4), and (6) of section
  651  493.6203, Florida Statutes, are amended to read:
  652         493.6203 License requirements.—In addition to the license
  653  requirements set forth elsewhere in this chapter, each
  654  individual or agency shall comply with the following additional
  655  requirements:
  656         (2) An applicant for a Class “MA” license shall have 2
  657  years of lawfully gained, verifiable, full-time experience, or
  658  training in:
  659         (a) Private investigative work or related fields of work
  660  that provided equivalent experience or training;
  661         (b) Work as a Class “CC” licensed intern;
  662         (c) Any combination of paragraphs (a) and (b);
  663         (d) Experience described in paragraph (a) for 1 year and
  664  experience described in paragraph (e) for 1 year;
  665         (e) No more than 1 year using:
  666         1. College coursework related to criminal justice,
  667  criminology, or law enforcement administration; or
  668         2. Successfully completed law enforcement-related training
  669  received from any federal, state, county, or municipal agency;
  670  or
  671         (f) Experience described in paragraph (a) for 1 year and
  672  work in a managerial or supervisory capacity for 1 year.
  673  
  674  However, experience in performing bodyguard services is not
  675  creditable toward the requirements of this subsection.
  676         (4) An applicant for a Class “C” license shall have 2 years
  677  of lawfully gained, verifiable, full-time experience, or
  678  training in one, or a combination of more than one, of the
  679  following:
  680         (a) Private investigative work or related fields of work
  681  that provided equivalent experience or training.
  682         (b) College coursework related to criminal justice,
  683  criminology, or law enforcement administration, or successful
  684  completion of any law enforcement-related training received from
  685  any federal, state, county, or municipal agency, except that no
  686  more than 1 year may be used from this category.
  687         (c) Work as a Class “CC” licensed intern.
  688  
  689  However, experience in performing bodyguard services is not
  690  creditable toward the requirements of this subsection.
  691         (6)(a) A Class “CC” licensee shall serve an internship
  692  under the direction and control of a designated sponsor, who is
  693  a Class “C,” Class “MA,” or Class “M” licensee.
  694         (b) Effective July 1, 2010 September 1, 2008, before
  695  submission of an application to the department, the an applicant
  696  for a Class “CC” license must have completed a minimum of 40 at
  697  least 24 hours of professional training a 40-hour course
  698  pertaining to general investigative techniques and this chapter,
  699  which course is offered by a state university or by a school,
  700  community college, college, or university under the purview of
  701  the Department of Education, and the applicant must pass an
  702  examination. The training must be provided in two parts, one 24
  703  hour course and one 16-hour course. The certificate evidencing
  704  satisfactory completion of the 40 at least 24 hours of
  705  professional training a 40-hour course must be submitted with
  706  the application for a Class “CC” license. The remaining 16 hours
  707  must be completed and an examination passed within 180 days. If
  708  documentation of completion of the required training is not
  709  submitted within the specified timeframe, the individual’s
  710  license is automatically suspended or his or her authority to
  711  work as a Class “CC” pursuant to s. 493.6105(9) is rescinded
  712  until such time as proof of certificate of completion is
  713  provided to the department. The training course specified in
  714  this paragraph may be provided by face-to-face presentation,
  715  online technology, or a home study course in accordance with
  716  rules and procedures of the Department of Education. The
  717  administrator of the examination must verify the identity of
  718  each applicant taking the examination.
  719         1. Upon an applicant’s successful completion of each part
  720  of the approved training course and passage of any required
  721  examination, the school, community college, college, or
  722  university shall issue a certificate of completion to the
  723  applicant. The certificates must be on a form established by
  724  rule of the department.
  725         2. The department shall establish by rule the general
  726  content of the professional training course and the examination
  727  criteria.
  728         3. If the license of an applicant for relicensure is has
  729  been invalid for more than 1 year, the applicant must complete
  730  the required training and pass any required examination.
  731         (c) An individual who submits an application for a Class
  732  “CC” license on or after September 1, 2008, through June 30,
  733  2010, who has not completed the 16-hour course must submit proof
  734  of successful completion of the course within 180 days after the
  735  date the application is submitted. If documentation of
  736  completion of the required training is not submitted by that
  737  date, the individual’s license is automatically suspended until
  738  proof of the required training is submitted to the department.
  739  An individual licensed on or before August 31, 2008, is not
  740  required to complete additional training hours in order to renew
  741  an active license beyond the required total amount of training,
  742  and within the timeframe, in effect at the time he or she was
  743  licensed.
  744         Section 16. Subsection (3) of section 493.6302, Florida
  745  Statutes, is amended to read:
  746         493.6302 Fees.—
  747         (3) The fees set forth in this section must be paid by
  748  certified check or money order or, at the discretion of the
  749  department, by agency check at the time the application is
  750  approved, except that the applicant for a Class “D,” Class “G,”
  751  Class “M,” or Class “MB” license must pay the license fee at the
  752  time the application is made. If a license is revoked or denied
  753  or if the application is withdrawn, the license fee shall not be
  754  refunded.
  755         Section 17. Subsection (4) of section 493.6303, Florida
  756  Statutes, is amended to read:
  757         493.6303 License requirements.—In addition to the license
  758  requirements set forth elsewhere in this chapter, each
  759  individual or agency shall comply with the following additional
  760  requirements:
  761         (4)(a) Effective July 1, 2010, an applicant for a Class “D”
  762  license must submit proof of successful completion of complete a
  763  minimum of 40 hours of professional training at a school or
  764  training facility licensed by the department. The training must
  765  be provided in two parts, one 24-hour course and one 16-hour
  766  course. The department shall by rule establish the general
  767  content and number of hours of each subject area to be taught.
  768         (b) An individual who submits an application for a Class
  769  “D” license on or after January 1, 2007, through June 30, 2010,
  770  who has not completed the 16-hour course must submit proof of
  771  successful completion of the course within 180 days after the
  772  date the application is submitted. If documentation of
  773  completion of the required training is not submitted by that
  774  date, the individual’s license is automatically suspended until
  775  proof of the required training is submitted to the department.
  776  This section does not require a person licensed before January
  777  1, 2007, to complete additional training hours in order to renew
  778  an active license beyond the required total amount of training
  779  within the timeframe prescribed by law at the time he or she was
  780  licensed. An applicant may fulfill the training requirement
  781  prescribed in paragraph (a) by submitting proof of:
  782         1. Successful completion of the total number of required
  783  hours of training before initial application for a Class “D”
  784  license; or
  785         2. Successful completion of 24 hours of training before
  786  initial application for a Class “D” license and successful
  787  completion of the remaining 16 hours of training within 180 days
  788  after the date that the application is submitted. If
  789  documentation of completion of the required training is not
  790  submitted within the specified timeframe, the individual’s
  791  license is automatically suspended until such time as proof of
  792  the required training is provided to the department.
  793         (c) An individual However, any person whose license is
  794  suspended or has been revoked, suspended pursuant to paragraph
  795  (b) subparagraph 2., or is expired for at least 1 year, or
  796  longer is considered, upon reapplication for a license, an
  797  initial applicant and must submit proof of successful completion
  798  of 40 hours of professional training at a school or training
  799  facility licensed by the department as provided prescribed in
  800  paragraph (a) before a license is will be issued. Any person
  801  whose license was issued before January 1, 2007, and whose
  802  license has been expired for less than 1 year must, upon
  803  reapplication for a license, submit documentation of completion
  804  of the total number of hours of training prescribed by law at
  805  the time her or his initial license was issued before another
  806  license will be issued. This subsection does not require an
  807  individual licensed before January 1, 2007, to complete
  808  additional training hours in order to renew an active license,
  809  beyond the required total amount of training within the
  810  timeframe prescribed by law at the time she or he was licensed.
  811         Section 18. Subsection (2) of section 493.6304, Florida
  812  Statutes, is amended to read:
  813         493.6304 Security officer school or training facility.—
  814         (2) The application shall be signed and verified by the
  815  applicant under oath as provided in s. 92.525 notarized and
  816  shall contain, at a minimum, the following information:
  817         (a) The name and address of the school or training facility
  818  and, if the applicant is an individual, her or his name,
  819  address, and social security or alien registration number.
  820         (b) The street address of the place at which the training
  821  is to be conducted.
  822         (c) A copy of the training curriculum and final examination
  823  to be administered.
  824         Section 19. Subsections (7) and (8) of section 493.6401,
  825  Florida Statutes, are amended to read:
  826         493.6401 Classes of licenses.—
  827         (7) Any person who operates a recovery agent repossessor
  828  school or training facility or who conducts an Internet-based
  829  training course or a correspondence training course must have a
  830  Class “RS” license.
  831         (8) Any individual who teaches or instructs at a Class “RS”
  832  recovery agent repossessor school or training facility shall
  833  have a Class “RI” license.
  834         Section 20. Paragraphs (f) and (g) of subsection (1) and
  835  subsection (3) of section 493.6402, Florida Statutes, are
  836  amended to read:
  837         493.6402 Fees.—
  838         (1) The department shall establish by rule biennial license
  839  fees which shall not exceed the following:
  840         (f) Class “RS” license—recovery agent repossessor school or
  841  training facility: $60.
  842         (g) Class “RI” license—recovery agent repossessor school or
  843  training facility instructor: $60.
  844         (3) The fees set forth in this section must be paid by
  845  certified check or money order, or, at the discretion of the
  846  department, by agency check at the time the application is
  847  approved, except that the applicant for a Class “E,” Class “EE,”
  848  or Class “MR” license must pay the license fee at the time the
  849  application is made. If a license is revoked or denied, or if an
  850  application is withdrawn, the license fee shall not be refunded.
  851         Section 21. Section 493.6406, Florida Statutes, is amended
  852  to read:
  853         493.6406 Recovery agent Repossession services school or
  854  training facility.—
  855         (1) Any school, training facility, or instructor who offers
  856  the training outlined in s. 493.6403(2) for Class “E” or Class
  857  “EE” applicants shall, before licensure of such school, training
  858  facility, or instructor, file with the department an application
  859  accompanied by an application fee in an amount to be determined
  860  by rule, not to exceed $60. The fee shall not be refundable.
  861  This training may be offered as face-to-face training, Internet
  862  based training, or correspondence training.
  863         (2) The application shall be signed and verified by the
  864  applicant under oath as provided in s. 92.525 notarized and
  865  shall contain, at a minimum, the following information:
  866         (a) The name and address of the school or training facility
  867  and, if the applicant is an individual, his or her name,
  868  address, and social security or alien registration number.
  869         (b) The street address of the place at which the training
  870  is to be conducted or the street address of the Class “RS”
  871  school offering Internet-based or correspondence training.
  872         (c) A copy of the training curriculum and final examination
  873  to be administered.
  874         (3) The department shall adopt rules establishing the
  875  criteria for approval of schools, training facilities, and
  876  instructors.
  877         Section 22. Section 500.033, Florida Statutes, is amended
  878  to read:
  879         500.033 Florida Food Safety and Food Defense Advisory
  880  Council.—
  881         (1) There is created the Florida Food Safety and Food
  882  Defense Advisory Council for the purpose of serving as a forum
  883  for presenting, investigating, and evaluating issues of current
  884  importance to the assurance of a safe and secure food supply to
  885  the citizens of Florida. The Florida Food Safety and Food
  886  Defense Advisory Council shall consist of, but not be limited
  887  to: the Commissioner of Agriculture or his or her designee; the
  888  State Surgeon General or his or her designee; the Secretary of
  889  Business and Professional Regulation or his or her designee; the
  890  person responsible for domestic security with the Department of
  891  Law Enforcement; members representing the production,
  892  processing, distribution, and sale of foods; members
  893  representing small farmers; consumers or members of citizens
  894  groups; representatives of food industry groups; scientists or
  895  other experts in aspects of food safety from state universities;
  896  representatives from local, state, and federal agencies that are
  897  charged with responsibilities for food safety or food defense;
  898  the chairs of the Agriculture Committees of the Senate and the
  899  House of Representatives or their designees; and the chairs of
  900  the committees of the Senate and the House of Representatives
  901  with jurisdictional oversight of home defense issues or their
  902  designees. The Commissioner of Agriculture shall appoint the
  903  remaining members. The council shall make periodic reports to
  904  the Department of Agriculture and Consumer Services concerning
  905  findings and recommendations in the area of food safety and food
  906  defense.
  907         (2) The council shall consider the development of
  908  appropriate advice or recommendations on food safety or food
  909  defense issues. In the discharge of their duties, the council
  910  members may receive for review confidential data exempt from the
  911  provisions of s. 119.07(1); however, it is unlawful for any
  912  member of the council to use the data for his or her advantage
  913  or reveal the data to the general public.
  914         Section 23. Paragraph (a) of subsection (2) of section
  915  501.605, Florida Statutes, is amended to read:
  916         501.605 Licensure of commercial telephone sellers.—
  917         (2) An applicant for a license as a commercial telephone
  918  seller must submit to the department, in such form as it
  919  prescribes, a written application for the license. The
  920  application must set forth the following information:
  921         (a) The true name, date of birth, driver’s license number,
  922  social security number, and home address of the applicant,
  923  including each name under which he or she intends to do
  924  business.
  925  
  926  The application shall be accompanied by a copy of any: Script,
  927  outline, or presentation the applicant will require or suggest a
  928  salesperson to use when soliciting, or, if no such document is
  929  used, a statement to that effect; sales information or
  930  literature to be provided by the applicant to a salesperson; and
  931  sales information or literature to be provided by the applicant
  932  to a purchaser in connection with any solicitation.
  933         Section 24. Paragraph (a) of subsection (1) of section
  934  501.607, Florida Statutes, is amended to read:
  935         501.607 Licensure of salespersons.—
  936         (1) An applicant for a license as a salesperson must submit
  937  to the department, in such form as it prescribes, a written
  938  application for a license. The application must set forth the
  939  following information:
  940         (a) The true name, date of birth, driver’s license number,
  941  social security number, and home address of the applicant.
  942         Section 25. Subsection (2) of section 501.913, Florida
  943  Statutes, is amended to read:
  944         501.913 Registration.—
  945         (2) The completed application shall be accompanied by:
  946         (a) Specimens or facsimiles of the label for each brand of
  947  antifreeze;
  948         (b) An application fee of $200 for each brand; and
  949         (c) A properly labeled sample of at least 1 gallon, but not
  950  more than 2 gallons, of each brand of antifreeze.
  951         Section 26. Subsection (2) of section 525.01, Florida
  952  Statutes, is amended to read:
  953         525.01 Gasoline and oil to be inspected.—
  954         (2) All petroleum fuels are shall be subject to inspection
  955  and analysis by the department. Before selling or offering for
  956  sale in this state any petroleum fuel, all manufacturers,
  957  terminal suppliers, wholesalers, and importers as defined in s.
  958  206.01 jobbers shall file with the department:
  959         (a) An affidavit stating that they desire to do business in
  960  this state, and the name and address of the manufacturer of the
  961  petroleum fuel.
  962         (b) An affidavit stating that the petroleum fuel is in
  963  conformity with the standards prescribed by department rule.
  964         Section 27. Subsections (1) and (3) of section 525.09,
  965  Florida Statutes, are amended to read:
  966         525.09 Inspection fee.—
  967         (1) For the purpose of defraying the expenses incident to
  968  inspecting, testing, and analyzing petroleum fuels in this
  969  state, there shall be paid to the department a charge of one
  970  eighth cent per gallon on all gasoline, alternative fuel
  971  containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
  972  kerosene (except when used as aviation turbine fuel), and #1
  973  fuel oil for sale or use in this state. This inspection fee
  974  shall be imposed in the same manner as the motor fuel tax
  975  pursuant to s. 206.41. Payment shall be made on or before the
  976  25th day of each month.
  977         (3) All remittances to the department for the inspection
  978  tax herein provided shall be accompanied by a detailed report
  979  under oath showing the number of gallons of gasoline,
  980  alternative fuel containing alcohol as defined in s.
  981  525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
  982  in each county.
  983         Section 28. Section 526.50, Florida Statutes, is amended to
  984  read:
  985         526.50 Definition of terms.—As used in this part:
  986         (1) “Brake fluid” means the fluid intended for use as the
  987  liquid medium through which force is transmitted in the
  988  hydraulic brake system of a vehicle operated upon the highways.
  989         (2) “Brand” means the product name appearing on the label
  990  of a container of brake fluid.
  991         (3) “Container” means any receptacle in which brake fluid
  992  is immediately contained when sold, but does not mean a carton
  993  or wrapping in which a number of such receptacles are shipped or
  994  stored or a tank car or truck.
  995         (4)(2) “Department” means the Department of Agriculture and
  996  Consumer Services.
  997         (5) “Formula” means the name of the chemical mixture or
  998  composition of the brake fluid product.
  999         (6) “Labeling” includes all written, printed or graphic
 1000  representations, in any form whatsoever, imprinted upon or
 1001  affixed to any container of brake fluid.
 1002         (7) “Permit year” means a period of 12 months commencing
 1003  July 1 and ending on the next succeeding June 30.
 1004         (8) “Registrant” means any manufacturer, packer,
 1005  distributor, seller, or other person who has registered a brake
 1006  fluid with the department.
 1007         (9)(3) “Sell” includes give, distribute, barter, exchange,
 1008  trade, keep for sale, offer for sale or expose for sale, in any
 1009  of their variant forms.
 1010         (4)“Labeling” includes all written, printed or graphic
 1011  representations, in any form whatsoever, imprinted upon or
 1012  affixed to any container of brake fluid.
 1013         (5)“Container” means any receptacle in which brake fluid
 1014  is immediately contained when sold, but does not mean a carton
 1015  or wrapping in which a number of such receptacles are shipped or
 1016  stored or a tank car or truck.
 1017         (6)“Permit year” means a period of 12 months commencing
 1018  July 1 and ending on the next succeeding June 30.
 1019         (7)“Registrant” means any manufacturer, packer,
 1020  distributor, seller, or other person who has registered a brake
 1021  fluid with the department.
 1022         Section 29. Section 526.51, Florida Statutes, is amended to
 1023  read:
 1024         526.51 Registration; renewal and fees; departmental
 1025  expenses; cancellation or refusal to issue or renew.—
 1026         (1)(a) Application for registration of each brand of brake
 1027  fluid shall be made on forms to be supplied by the department.
 1028  The applicant shall give his or her name and address and the
 1029  brand name of the brake fluid, state that he or she owns the
 1030  brand name and has complete control over the product sold
 1031  thereunder in Florida, and provide the name and address of the
 1032  resident agent in Florida. If the applicant does not own the
 1033  brand name but wishes to register the product with the
 1034  department, a notarized affidavit that gives the applicant full
 1035  authorization to register the brand name and that is signed by
 1036  the owner of the brand name must accompany the application for
 1037  registration. The affidavit must include all affected brand
 1038  names, the owner’s company or corporate name and address, the
 1039  applicant’s company or corporate name and address, and a
 1040  statement from the owner authorizing the applicant to register
 1041  the product with the department. The owner of the brand name
 1042  shall maintain complete control over each product sold under
 1043  that brand name in this state. All first-time brand-formula
 1044  combination new product applications must be accompanied by a
 1045  certified report from an independent testing laboratory, setting
 1046  forth the analysis of the brake fluid which shall show its
 1047  quality to be not less than the specifications established by
 1048  the department for brake fluids. A sample of not less than 24
 1049  fluid ounces of brake fluid shall be submitted, in a container
 1050  or containers, with labels representing exactly how the
 1051  containers of brake fluid will be labeled when sold, and the
 1052  sample and container shall be analyzed and inspected by the
 1053  Division of Standards in order that compliance with the
 1054  department’s specifications and labeling requirements may be
 1055  verified. Upon approval of the application, the department shall
 1056  register the brand name of the brake fluid and issue to the
 1057  applicant a permit authorizing the registrant to sell the brake
 1058  fluid in this state during the permit year specified in the
 1059  permit.
 1060         (b) Each applicant shall pay a fee of $100 with each
 1061  application. A permit may be renewed by application to the
 1062  department, accompanied by a renewal fee of $50 on or before the
 1063  last day of the permit year immediately preceding the permit
 1064  year for which application is made for renewal of registration.
 1065  To any fee not paid when due, there shall accrue a penalty of
 1066  $25, which shall be added to the renewal fee. Renewals will be
 1067  accepted only on brake fluids that have no change in formula,
 1068  composition, or brand name. Any change in formula, composition,
 1069  or brand name of any brake fluid constitutes a new product that
 1070  must be registered in accordance with this part.
 1071         (2) All fees collected under the provisions of this section
 1072  shall be credited to the General Inspection Trust Fund of the
 1073  department and all expenses incurred in the enforcement of this
 1074  part shall be paid from said fund.
 1075         (3) The department may cancel, refuse to issue or refuse to
 1076  renew any registration and permit after due notice and
 1077  opportunity to be heard if it finds that the brake fluid is
 1078  adulterated or misbranded or that the registrant has failed to
 1079  comply with the provisions of this part or the rules and
 1080  regulations promulgated thereunder.
 1081         Section 30. Paragraph (a) of subsection (3) of section
 1082  526.52, Florida Statutes, is amended to read:
 1083         526.52 Specifications; adulteration and misbranding.—
 1084         (3) Brake fluid is deemed to be misbranded:
 1085         (a) If its container does not bear on its side or top a
 1086  label on which is printed the name and place of business of the
 1087  registrant of the product, the words “brake fluid,” and a
 1088  statement that the product therein equals or exceeds the minimum
 1089  specification of the Society of Automotive Engineers for heavy
 1090  duty-type brake fluid or equals or exceeds Federal Motor Vehicle
 1091  Safety Standard No. 116 adopted by the United States Department
 1092  of Transportation, heavy-duty-type. By regulation the department
 1093  may require that the duty-type classification appear on the
 1094  label.
 1095         Section 31. Subsection (2) of section 526.53, Florida
 1096  Statutes, is amended to read:
 1097         526.53 Enforcement; inspection and analysis, stop-sale and
 1098  disposition, regulations.—
 1099         (2)(a) When any brake fluid is sold in violation of any of
 1100  the provisions of this part, all such affected brake fluid of
 1101  the same brand name on the same premises on which the violation
 1102  occurred shall be placed under a stop-sale order by the
 1103  department by serving the owner of the brand name, distributor,
 1104  or other entity responsible for selling or distributing the
 1105  product in the state with the stop-sale order. The department
 1106  shall withdraw its stop-sale order upon the removal of the
 1107  violation or upon voluntary destruction of the product, or other
 1108  disposal approved by the department, under the supervision of
 1109  the department.
 1110         (b) In addition to being subject to the stop-sale
 1111  procedures above, unregistered brake fluid shall be held by the
 1112  department or its representative, at a place to be designated in
 1113  the stop-sale order, until properly registered and released in
 1114  writing by the department or its representative. If application
 1115  is has not been made for registration of the such product within
 1116  30 days after issue of the stop-sale order, such product shall
 1117  be disposed of by the department, or, with the department’s
 1118  consent, by the business, to any tax-supported institution or
 1119  agency of the state if the brake fluid meets legal
 1120  specifications or by other disposal authorized by rule of the
 1121  department if it fails to meet legal specifications.
 1122         Section 32. Subsections (1) and (3) and paragraphs (a) and
 1123  (c) of subsection (5) of section 527.0201, Florida Statutes, are
 1124  amended to read:
 1125         527.0201 Qualifiers; master qualifiers; examinations.—
 1126         (1) In addition to the requirements of s. 527.02, any
 1127  person applying for a license to engage in the activities of a
 1128  pipeline system operator, category I liquefied petroleum gas
 1129  dealer, category II liquefied petroleum gas dispenser, category
 1130  IV liquefied petroleum gas dispenser and recreational vehicle
 1131  servicer, category V liquefied petroleum gases dealer for
 1132  industrial uses only, LP gas installer, specialty installer,
 1133  requalifier requalification of cylinders, or fabricator,
 1134  repairer, and tester of vehicles and cargo tanks must prove
 1135  competency by passing a written examination administered by the
 1136  department or its agent with a grade of at least 75 percent in
 1137  each area tested or above. Each applicant for examination shall
 1138  submit a $20 nonrefundable fee. The department shall by rule
 1139  specify the general areas of competency to be covered by each
 1140  examination and the relative weight to be assigned in grading
 1141  each area tested.
 1142         (3) Qualifier cards issued to category I liquefied
 1143  petroleum gas dealers and liquefied petroleum gas installers
 1144  shall expire 3 years after the date of issuance. All category I
 1145  liquefied petroleum gas dealer qualifiers and liquefied
 1146  petroleum gas installer qualifiers holding a valid qualifier
 1147  card upon the effective date of this act shall retain their
 1148  qualifier status until July 1, 2003, and may sit for the master
 1149  qualifier examination at any time during that time period. All
 1150  such category I liquefied petroleum gas dealer qualifiers and
 1151  liquefied petroleum gas installer qualifiers may renew their
 1152  qualification on or before July 1, 2003, upon application to the
 1153  department, payment of a $20 renewal fee, and documentation of
 1154  the completion of a minimum of 16 12 hours of approved
 1155  continuing education courses, as defined by department rule,
 1156  during the previous 3-year period. Applications for renewal must
 1157  be made 30 calendar days prior to expiration. Persons failing to
 1158  renew prior to the expiration date must reapply and take a
 1159  qualifier competency examination in order to reestablish
 1160  category I liquefied petroleum gas dealer qualifier and
 1161  liquefied petroleum gas installer qualifier status. If a
 1162  category I liquefied petroleum gas qualifier or liquefied
 1163  petroleum gas installer qualifier becomes a master qualifier at
 1164  any time during the effective date of the qualifier card, the
 1165  card shall remain in effect until expiration of the master
 1166  qualifier certification.
 1167         (5) In addition to all other licensing requirements, each
 1168  category I liquefied petroleum gas dealer and liquefied
 1169  petroleum gas installer must, at the time of application for
 1170  licensure, identify to the department one master qualifier who
 1171  is a full-time employee at the licensed location. This person
 1172  shall be a manager, owner, or otherwise primarily responsible
 1173  for overseeing the operations of the licensed location and must
 1174  provide documentation to the department as provided by rule. The
 1175  master qualifier requirement shall be in addition to the
 1176  requirements of subsection (1).
 1177         (a) In order to apply for certification as a master
 1178  qualifier, each applicant must be a category I liquefied
 1179  petroleum gas dealer qualifier or liquefied petroleum gas
 1180  installer qualifier, must be employed by a licensed category I
 1181  liquefied petroleum gas dealer, liquefied petroleum gas
 1182  installer, or applicant for such license, must provide
 1183  documentation of a minimum of 1 year’s work experience in the
 1184  gas industry, and must pass a master qualifier competency
 1185  examination. Master qualifier examinations shall be based on
 1186  Florida’s laws, rules, and adopted codes governing liquefied
 1187  petroleum gas safety, general industry safety standards, and
 1188  administrative procedures. The examination must be successfully
 1189  passed completed by the applicant with a grade of at least 75
 1190  percent or more. Each applicant for master qualifier status
 1191  shall submit to the department a nonrefundable $30 examination
 1192  fee prior to the examination.
 1193         (c) Master qualifier status shall expire 3 years after the
 1194  date of issuance of the certificate and may be renewed by
 1195  submission to the department of documentation of completion of
 1196  at least 16 12 hours of approved continuing education courses
 1197  during the 3-year period; proof of employment with a licensed
 1198  category I liquefied petroleum gas dealer, liquefied petroleum
 1199  gas installer, or applicant; and a $30 certificate renewal fee.
 1200  The department shall define, by rule, approved courses of
 1201  continuing education.
 1202         Section 33. Section 527.12, Florida Statutes, is amended to
 1203  read:
 1204         527.12 Cease and desist orders; stop-use orders; stop
 1205  operation orders; stop-sale orders; administrative fines.—
 1206         (1) Whenever the department has shall have reason to
 1207  believe that any person is violating or has violated been
 1208  violating provisions of this chapter or any rules adopted under
 1209  this chapter pursuant thereto, the department it may issue a
 1210  cease and desist order, or impose a civil penalty, or do both
 1211  may issue such cease and desist order and impose a civil
 1212  penalty.
 1213         (2) Whenever a person or liquefied petroleum gas system or
 1214  storage facility, or any part or component thereof, fails to
 1215  comply with this chapter or any rules adopted under this
 1216  chapter, the department may issue a stop-use order, stop
 1217  operation order, or stop-sale order.
 1218         Section 34. Subsection (1) of section 559.805, Florida
 1219  Statutes, is amended to read:
 1220         559.805 Filings with the department; disclosure of
 1221  advertisement identification number.—
 1222         (1) Every seller of a business opportunity shall annually
 1223  file with the department a copy of the disclosure statement
 1224  required by s. 559.803 before prior to placing an advertisement
 1225  or making any other representation designed to offer to, sell
 1226  to, or solicit an offer to buy a business opportunity from a
 1227  prospective purchaser in this state and shall update this filing
 1228  by reporting any material change in the required information
 1229  within 30 days after the material change occurs. An
 1230  advertisement is not placed in the state merely because the
 1231  publisher circulates, or there is circulated on his or her
 1232  behalf in the state, any bona fide newspaper or other
 1233  publication of general, regular, and paid circulation which has
 1234  had more than two-thirds of its circulation during the past 12
 1235  months outside the state or because a radio or television
 1236  program originating outside the state is received in the state.
 1237  If the seller is required by s. 559.807 to provide a bond or
 1238  establish a trust account or guaranteed letter of credit, he or
 1239  she shall contemporaneously file with the department a copy of
 1240  the bond, a copy of the formal notification by the depository
 1241  that the trust account is established, or a copy of the
 1242  guaranteed letter of credit. Every seller of a business
 1243  opportunity shall file with the department a list of independent
 1244  agents who will engage in the offer or sale of business
 1245  opportunities on behalf of the seller in this state. This list
 1246  must be kept current and shall include the following
 1247  information: name, home and business address, telephone number,
 1248  present employer, social security number, and birth date. A No
 1249  person may not shall be allowed to offer or sell business
 1250  opportunities unless the required information is has been
 1251  provided to the department.
 1252         Section 35. Subsection (3) of section 559.928, Florida
 1253  Statutes, is amended to read:
 1254         559.928 Registration.—
 1255         (3) Each independent agent shall annually file an affidavit
 1256  with the department before prior to engaging in business in this
 1257  state. This affidavit must include the independent agent’s full
 1258  name, legal business or trade name, mailing address, business
 1259  address, telephone number, social security number, and the name
 1260  or names and addresses of each seller of travel represented by
 1261  the independent agent. A letter evidencing proof of filing must
 1262  be issued by the department and must be prominently displayed in
 1263  the independent agent’s primary place of business. Each
 1264  independent agent must also submit an annual registration fee of
 1265  $50. All moneys collected pursuant to the imposition of the fee
 1266  shall be deposited by the Chief Financial Officer into the
 1267  General Inspection Trust Fund of the Department of Agriculture
 1268  and Consumer Services for the sole purpose of administrating
 1269  this part. As used in this subsection, the term “independent
 1270  agent” means a person who represents a seller of travel by
 1271  soliciting persons on its behalf; who has a written contract
 1272  with a seller of travel which is operating in compliance with
 1273  this part and any rules adopted thereunder; who does not receive
 1274  a fee, commission, or other valuable consideration directly from
 1275  the purchaser for the seller of travel; who does not at any time
 1276  have any unissued ticket stock or travel documents in his or her
 1277  possession; and who does not have the ability to issue tickets,
 1278  vacation certificates, or any other travel document. The term
 1279  “independent agent” does not include an affiliate of the seller
 1280  of travel, as that term is used in s. 559.935(3), or the
 1281  employees of the seller of travel or of such affiliates.
 1282         Section 36. Subsection (7) of section 570.0725, Florida
 1283  Statutes, is amended to read:
 1284         570.0725 Food recovery; legislative intent; department
 1285  functions.—
 1286         (7) For public information purposes, the department may
 1287  shall develop and provide a public information brochure
 1288  detailing the need for food banks and similar of food recovery
 1289  programs, the benefit of such food recovery programs, the manner
 1290  in which such organizations may become involved in such food
 1291  recovery programs, and the protection afforded to such programs
 1292  under s. 768.136, and the food recovery entities or food banks
 1293  that exist in the state. This brochure must be updated annually.
 1294  A food bank or similar food recovery organization seeking to be
 1295  included on a list of such organizations must notify the
 1296  department and provide the information required by rule of the
 1297  department. Such organizations are responsible for updating the
 1298  information and providing the updated information to the
 1299  department. The department may adopt rules to implement this
 1300  section.
 1301         Section 37. Paragraph (e) of subsection (6) of section
 1302  570.53, Florida Statutes, is amended to read:
 1303         570.53 Division of Marketing and Development; powers and
 1304  duties.—The powers and duties of the Division of Marketing and
 1305  Development include, but are not limited to:
 1306         (6)
 1307         (e) Extending in every practicable way the distribution and
 1308  sale of Florida agricultural products throughout the markets of
 1309  the world as required of the department by s. ss. 570.07(7),
 1310  (8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
 1311         Section 38. Subsection (2) of section 570.54, Florida
 1312  Statutes, is amended to read:
 1313         570.54 Director; duties.—
 1314         (2) It shall be the duty of the director of this division
 1315  to supervise, direct, and coordinate the activities authorized
 1316  by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
 1317  (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
 1318  chapters 504, 571, 573, and 574 and to exercise other powers and
 1319  authority as authorized by the department.
 1320         Section 39. Subsection (4) of section 570.55, Florida
 1321  Statutes, is amended to read:
 1322         570.55 Identification of sellers or handlers of tropical or
 1323  subtropical fruit and vegetables; containers specified;
 1324  penalties.—
 1325         (4) IDENTIFICATION OF HANDLER.—At the time of each
 1326  transaction involving the handling or sale of 55 pounds or more
 1327  of tropical or subtropical fruit or vegetables in the primary
 1328  channel of trade, the buyer or receiver of the tropical or
 1329  subtropical fruit or vegetables shall demand a bill of sale,
 1330  invoice, sales memorandum, or other document listing the date of
 1331  the transaction, the quantity of the tropical or subtropical
 1332  fruit or vegetables involved in the transaction, and the
 1333  identification of the seller or handler as it appears on the
 1334  driver’s license of the seller or handler, including the
 1335  driver’s license number. If the seller or handler does not
 1336  possess a driver’s license, the buyer or receiver shall use any
 1337  other acceptable means of identification, which may include, but
 1338  is not limited to, i.e., voter’s registration card and number,
 1339  draft card, social security card, or other identification.
 1340  However, no less than two identification documents shall be
 1341  used. The identification of the seller or handler shall be
 1342  recorded on the bill of sale, sales memorandum, invoice, or
 1343  voucher, which shall be retained by the buyer or receiver for a
 1344  period of not less than 1 year from the date of the transaction.
 1345         Section 40. Subsection (3) of section 570.902, Florida
 1346  Statutes, is amended to read:
 1347         570.902 Definitions; ss. 570.902 and 570.903.—For the
 1348  purpose of ss. 570.902 and 570.903:
 1349         (3) “Museum” means the Florida Agricultural Museum which is
 1350  designated as the museum for agriculture and rural history of
 1351  the State of Florida.
 1352         Section 41. Section 570.903, Florida Statutes, is amended
 1353  to read:
 1354         570.903 Direct-support organization.—
 1355         (1) When the Legislature authorizes the establishment of a
 1356  direct-support organization to provide assistance for the
 1357  museums, the Florida Agriculture in the Classroom Program, the
 1358  Florida State Collection of Arthropods, the Friends of the
 1359  Florida State Forests Program of the Division of Forestry, and
 1360  the Forestry Arson Alert Program, and other programs of the
 1361  department, the following provisions shall govern the creation,
 1362  use, powers, and duties of the direct-support organization.
 1363         (a) The department shall enter into a memorandum or letter
 1364  of agreement with the direct-support organization, which shall
 1365  specify the approval of the department, the powers and duties of
 1366  the direct-support organization, and rules with which the
 1367  direct-support organization shall comply.
 1368         (b) The department may permit, without charge, appropriate
 1369  use of property, facilities, and personnel of the department by
 1370  a direct-support organization, subject to the provisions of ss.
 1371  570.902 and 570.903. The use shall be directly in keeping with
 1372  the approved purposes of the direct-support organization and
 1373  shall not be made at times or places that would unreasonably
 1374  interfere with opportunities for the general public to use
 1375  department facilities for established purposes.
 1376         (c) The department shall prescribe by contract or by rule
 1377  conditions with which a direct-support organization shall comply
 1378  in order to use property, facilities, or personnel of the
 1379  department or museum. Such rules shall provide for budget and
 1380  audit review and oversight by the department.
 1381         (d) The department shall not permit the use of property,
 1382  facilities, or personnel of the museum, department, or
 1383  designated program by a direct-support organization which does
 1384  not provide equal employment opportunities to all persons
 1385  regardless of race, color, religion, sex, age, or national
 1386  origin.
 1387         (2)(a) The direct-support organization shall be empowered
 1388  to conduct programs and activities; raise funds; request and
 1389  receive grants, gifts, and bequests of money; acquire, receive,
 1390  hold, invest, and administer, in its own name, securities,
 1391  funds, objects of value, or other property, real or personal;
 1392  and make expenditures to or for the direct or indirect benefit
 1393  of the museum or designated program.
 1394         (b) Notwithstanding the provisions of s. 287.057, the
 1395  direct-support organization may enter into contracts or
 1396  agreements with or without competitive bidding for the
 1397  restoration of objects, historical buildings, and other
 1398  historical materials or for the purchase of objects, historical
 1399  buildings, and other historical materials which are to be added
 1400  to the collections of the museum, or benefit of the designated
 1401  program. However, before the direct-support organization may
 1402  enter into a contract or agreement without competitive bidding,
 1403  the direct-support organization shall file a certification of
 1404  conditions and circumstances with the internal auditor of the
 1405  department justifying each contract or agreement.
 1406         (c) Notwithstanding the provisions of s. 287.025(1)(e), the
 1407  direct-support organization may enter into contracts to insure
 1408  property of the museum or designated programs and may insure
 1409  objects or collections on loan from others in satisfying
 1410  security terms of the lender.
 1411         (3) The direct-support organization shall provide for an
 1412  annual financial audit in accordance with s. 215.981.
 1413         (4) Neither a designated program or a museum, nor a
 1414  nonprofit corporation trustee or employee may:
 1415         (a) Receive a commission, fee, or financial benefit in
 1416  connection with the sale or exchange of property historical
 1417  objects or properties to the direct-support organization, the
 1418  museum, or the designated program; or
 1419         (b) Be a business associate of any individual, firm, or
 1420  organization involved in the sale or exchange of property to the
 1421  direct-support organization, the museum, or the designated
 1422  program.
 1423         (5) All moneys received by the direct-support organization
 1424  shall be deposited into an account of the direct-support
 1425  organization and shall be used by the organization in a manner
 1426  consistent with the goals of the museum or designated program.
 1427         (6) The identity of a donor or prospective donor who
 1428  desires to remain anonymous and all information identifying such
 1429  donor or prospective donor are confidential and exempt from the
 1430  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1431  Constitution.
 1432         (7) The Commissioner of Agriculture, or the commissioner’s
 1433  designee, may serve on the board of trustees and the executive
 1434  committee of any direct-support organization established to
 1435  benefit the museum or any designated program.
 1436         (8) The department shall establish by rule archival
 1437  procedures relating to museum artifacts and records. The rules
 1438  shall provide procedures which protect the museum’s artifacts
 1439  and records equivalent to those procedures which have been
 1440  established by the Department of State under chapters 257 and
 1441  267.
 1442         Section 42. Subsection (4) of section 573.118, Florida
 1443  Statutes, is amended to read:
 1444         573.118 Assessment; funds; audit; loans.—
 1445         (4) In the event of levying and collecting of assessments,
 1446  for each fiscal year in which assessment funds are received by
 1447  the department, the department shall maintain records of
 1448  collections and expenditures for each marketing order separately
 1449  within the state’s accounting system. If requested by an
 1450  advisory council, department staff shall cause to be made a
 1451  thorough annual audit of the books and accounts by a certified
 1452  public accountant, such audit to be completed within 60 days
 1453  after the request is received end of the fiscal year. The
 1454  advisory council department and all producers and handlers
 1455  covered by the marketing order shall be provided a copy of the
 1456  properly advised of the details of the annual official audit of
 1457  the accounts as shown by the certified public accountant within
 1458  30 days after completion of the audit.
 1459         Section 43. Subsections (18) through (30) of section
 1460  581.011, Florida Statutes, are renumbered as subsections (17)
 1461  through (29), respectively, and present subsections (17) and
 1462  (20) of that section are amended to read:
 1463         581.011 Definitions.—As used in this chapter:
 1464         (17) “Museum” means the Florida State Collection of
 1465  Arthropods.
 1466         (19)(20) “Nursery” means any grounds or premises on or in
 1467  which nursery stock is grown, propagated, or held for sale or
 1468  distribution, including except where aquatic plant species are
 1469  tended for harvest in the natural environment.
 1470         Section 44. Paragraph (a) of subsection (3) of section
 1471  581.211, Florida Statutes, is amended to read:
 1472         581.211 Penalties for violations.—
 1473         (3)(a)1. In addition to any other provision of law, the
 1474  department may, after notice and hearing, impose an
 1475  administrative fine not exceeding $10,000 $5,000 for each
 1476  violation of this chapter, upon any person, nurseryman, stock
 1477  dealer, agent or plant broker. The fine, when paid, shall be
 1478  deposited in the Plant Industry Trust Fund. In addition, the
 1479  department may place the violator on probation for up to 1 year,
 1480  with conditions.
 1481         2. The imposition of a fine or probation pursuant to this
 1482  subsection may be in addition to or in lieu of the suspension or
 1483  revocation of a certificate of registration or certificate of
 1484  inspection.
 1485         Section 45. Section 583.13, Florida Statutes, is amended to
 1486  read:
 1487         583.13 Labeling and advertising requirements for dressed
 1488  poultry; unlawful acts.—
 1489         (1) It is unlawful for any dealer or broker to sell, offer
 1490  for sale, or hold for the purpose of sale in the state any
 1491  dressed or ready-to-cook poultry in bulk unless the such poultry
 1492  is packed in a container clearly bearing a label, not less than
 1493  3 inches by 5 inches, on which shall be plainly and legibly
 1494  printed, in letters of not less than 1/4 inch high in height,
 1495  the grade and the part name or whole-bird statement of such
 1496  poultry. The grade may be expressed in the term “premium,”
 1497  “good,” or “standard,” or as the grade of another state or
 1498  federal agency the standards of quality of which, by law, are
 1499  equal to the standards of quality provided by this law and rules
 1500  promulgated hereunder.
 1501         (2) It is unlawful to sell unpackaged dressed or ready-to
 1502  cook poultry at retail unless such poultry is labeled by a
 1503  placard immediately adjacent to the poultry or unless each bird
 1504  is individually labeled to show the grade and the part name or
 1505  whole-bird statement. The placard shall be no smaller than 7
 1506  inches by 7 inches in size, and the required labeling
 1507  information shall be legibly and plainly printed on the placard
 1508  in letters not smaller than 1 inch in height.
 1509         (3) It is unlawful to sell packaged dressed or ready-to
 1510  cook poultry at retail unless such poultry is labeled to show
 1511  the grade, the part name or whole-bird statement, the net weight
 1512  of the poultry, and the name and address of the dealer. The size
 1513  of the type on the label must be one-eighth inch or larger. A
 1514  placard immediately adjacent to such poultry may be used to
 1515  indicate the grade and the part name or whole-bird statement,
 1516  but not the net weight of the poultry or the name and address of
 1517  the dealer.
 1518         (4) It is unlawful to use dressed or ready-to-cook poultry
 1519  in bulk in the preparation of food served to the public, or to
 1520  hold such poultry for the purpose of such use, unless the
 1521  poultry when received was packed in a container clearly bearing
 1522  a label, not less than 3 inches by 5 inches, on which was
 1523  plainly and legibly printed, in letters not less than 1/4 one
 1524  fourth inch high in height, the grade and the part name or
 1525  whole-bird statement of such poultry. The grade may be expressed
 1526  in the term “premium,” “good,” or “standard,” or as the grade of
 1527  another state or federal agency the standards of quality of
 1528  which, by law, are equal to the standards of quality provided by
 1529  this law and rules promulgated hereunder.
 1530         (5) It is unlawful to offer dressed or ready-to-cook
 1531  poultry for sale in any advertisement in a newspaper or
 1532  circular, on radio or television, or in any other form of
 1533  advertising without plainly designating in such advertisement
 1534  the grade and the part name or whole-bird statement of such
 1535  poultry.
 1536         Section 46. Subsection (1) of section 585.61, Florida
 1537  Statutes, is amended to read:
 1538         585.61 Animal disease diagnostic laboratories.—
 1539         (1) There is hereby created and established an animal
 1540  disease diagnostic laboratory in Osceola County and Suwannee
 1541  County. The laboratory complex in Osceola County is designated
 1542  as “The Bronson Animal Disease Diagnostic Laboratory.”
 1543         Section 47. Section 590.125, Florida Statutes, is amended
 1544  to read:
 1545         590.125 Open burning authorized by the division.—
 1546         (1) DEFINITIONS.—As used in this section, the term:
 1547         (a) “Certified pile burner” means an individual who
 1548  successfully completes the division’s pile burning certification
 1549  program and possesses a valid pile burner certification number.
 1550         (a)“Prescribed burning” means the controlled application
 1551  of fire in accordance with a written prescription for vegetative
 1552  fuels under specified environmental conditions while following
 1553  appropriate precautionary measures that ensure that the fire is
 1554  confined to a predetermined area to accomplish the planned fire
 1555  or land-management objectives.
 1556         (b) “Certified prescribed burn manager” means an individual
 1557  who successfully completes the certified prescribed burning
 1558  certification program of the division and possesses a valid
 1559  certification number.
 1560         (c)“Prescription” means a written plan establishing the
 1561  criteria necessary for starting, controlling, and extinguishing
 1562  a prescribed burn.
 1563         (c)(d) “Extinguished” means: that no spreading flame
 1564         1. For wild land burning or certified prescribed burning,
 1565  that no spreading flames exist. and no visible flame, smoke, or
 1566  emissions
 1567         2. For vegetative land-clearing debris burning or pile
 1568  burning, that no visible flames exist.
 1569         3. For vegetative land-clearing debris burning or pile
 1570  burning in an area designated as smoke sensitive by the
 1571  division, that no visible flames, smoke, or emissions exist.
 1572         (d) “Land-clearing operation” means the uprooting or
 1573  clearing of vegetation in connection with the construction of
 1574  buildings and rights-of-way, land development, and mineral
 1575  operations. The term does not include the clearing of yard
 1576  trash.
 1577         (e) “Pile burning” means the burning of silvicultural,
 1578  agricultural, or land-clearing and tree-cutting debris
 1579  originating onsite, which is stacked together in a round or
 1580  linear fashion, including, but not limited to, a windrow.
 1581         (f) “Prescribed burning” means the controlled application
 1582  of fire in accordance with a written prescription for vegetative
 1583  fuels under specified environmental conditions while following
 1584  appropriate precautionary measures that ensure that the fire is
 1585  confined to a predetermined area to accomplish the planned fire
 1586  or land-management objectives.
 1587         (g) “Prescription” means a written plan establishing the
 1588  criteria necessary for starting, controlling, and extinguishing
 1589  a prescribed burn.
 1590         (h) “Yard trash” means vegetative matter resulting from
 1591  landscaping and yard maintenance operations and other such
 1592  routine property cleanup activities. The term includes materials
 1593  such as leaves, shrub trimmings, grass clippings, brush, and
 1594  palm fronds.
 1595         (2) NONCERTIFIED BURNING.—
 1596         (a) Persons may be authorized to burn wild land or
 1597  vegetative land-clearing debris in accordance with this
 1598  subsection if:
 1599         1. There is specific consent of the landowner or his or her
 1600  designee;
 1601         2. Authorization has been obtained from the division or its
 1602  designated agent before starting the burn;
 1603         3. There are adequate firebreaks at the burn site and
 1604  sufficient personnel and firefighting equipment for the control
 1605  of the fire;
 1606         4. The fire remains within the boundary of the authorized
 1607  area;
 1608         5. Someone is present at the burn site until the fire is
 1609  extinguished;
 1610         6. The division does not cancel the authorization; and
 1611         7. The division determines that air quality and fire danger
 1612  are favorable for safe burning.
 1613         (b) A person who burns wild land or vegetative land
 1614  clearing debris in a manner that violates any requirement of
 1615  this subsection commits a misdemeanor of the second degree,
 1616  punishable as provided in s. 775.082 or s. 775.083.
 1617         (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
 1618  PURPOSE.—
 1619         (a) The application of prescribed burning is a land
 1620  management tool that benefits the safety of the public, the
 1621  environment, and the economy of the state. The Legislature finds
 1622  that:
 1623         1. Prescribed burning reduces vegetative fuels within wild
 1624  land areas. Reduction of the fuel load reduces the risk and
 1625  severity of wildfire, thereby reducing the threat of loss of
 1626  life and property, particularly in urban areas.
 1627         2. Most of Florida’s natural communities require periodic
 1628  fire for maintenance of their ecological integrity. Prescribed
 1629  burning is essential to the perpetuation, restoration, and
 1630  management of many plant and animal communities. Significant
 1631  loss of the state’s biological diversity will occur if fire is
 1632  excluded from fire-dependent systems.
 1633         3. Forestland and rangeland constitute significant
 1634  economic, biological, and aesthetic resources of statewide
 1635  importance. Prescribed burning on forestland prepares sites for
 1636  reforestation, removes undesirable competing vegetation,
 1637  expedites nutrient cycling, and controls or eliminates certain
 1638  forest pathogens. On rangeland, prescribed burning improves the
 1639  quality and quantity of herbaceous vegetation necessary for
 1640  livestock production.
 1641         4. The state purchased hundreds of thousands of acres of
 1642  land for parks, preserves, wildlife management areas, forests,
 1643  and other public purposes. The use of prescribed burning for
 1644  management of public lands is essential to maintain the specific
 1645  resource values for which these lands were acquired.
 1646         5. A public education program is necessary to make citizens
 1647  and visitors aware of the public safety, resource, and economic
 1648  benefits of prescribed burning.
 1649         6. Proper training in the use of prescribed burning is
 1650  necessary to ensure maximum benefits and protection for the
 1651  public.
 1652         7. As Florida’s population continues to grow, pressures
 1653  from liability issues and nuisance complaints inhibit the use of
 1654  prescribed burning. Therefore, the division is urged to maximize
 1655  the opportunities for prescribed burning conducted during its
 1656  daytime and nighttime authorization process.
 1657         (b) Certified prescribed burning pertains only to broadcast
 1658  burning for purposes of silviculture, wildlife management,
 1659  ecological maintenance and restoration, and range and pasture
 1660  management. It must be conducted in accordance with this
 1661  subsection and:
 1662         1. May be accomplished only when a certified prescribed
 1663  burn manager is present on site with a copy of the prescription
 1664  from ignition of the burn to its completion.
 1665         2. Requires that a written prescription be prepared before
 1666  receiving authorization to burn from the division.
 1667         3. Requires that the specific consent of the landowner or
 1668  his or her designee be obtained before requesting an
 1669  authorization.
 1670         4. Requires that an authorization to burn be obtained from
 1671  the division before igniting the burn.
 1672         5. Requires that there be adequate firebreaks at the burn
 1673  site and sufficient personnel and firefighting equipment for the
 1674  control of the fire.
 1675         6. Is considered to be in the public interest and does not
 1676  constitute a public or private nuisance when conducted under
 1677  applicable state air pollution statutes and rules.
 1678         7. Is considered to be a property right of the property
 1679  owner if vegetative fuels are burned as required in this
 1680  subsection.
 1681         (c) Neither a property owner nor his or her agent is liable
 1682  pursuant to s. 590.13 for damage or injury caused by the fire or
 1683  resulting smoke or considered to be in violation of subsection
 1684  (2) for burns conducted in accordance with this subsection
 1685  unless gross negligence is proven.
 1686         (d) Any certified burner who violates this section commits
 1687  a misdemeanor of the second degree, punishable as provided in s.
 1688  775.082 or s. 775.083.
 1689         (e) The division shall adopt rules for the use of
 1690  prescribed burning and for certifying and decertifying certified
 1691  prescribed burn managers based on their past experience,
 1692  training, and record of compliance with this section.
 1693         (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
 1694  PURPOSE.—
 1695         (a) Pile burning is a tool that benefits current and future
 1696  generations in Florida by disposing of naturally occurring
 1697  vegetative debris through burning rather than disposing of the
 1698  debris in landfills.
 1699         (b) Certified pile burning pertains to the disposal of
 1700  piled, naturally occurring debris from an agricultural,
 1701  silvicultural, or temporary land-clearing operation. A land
 1702  clearing operation is temporary if it operates for 6 months or
 1703  less. Certified pile burning must be conducted in accordance
 1704  with this subsection, and:
 1705         1. A certified pile burner must ensure, before ignition,
 1706  that the piles are properly placed and that the content of the
 1707  piles is conducive to efficient burning.
 1708         2. A certified pile burner must ensure that the piles are
 1709  properly extinguished no later than 1 hour after sunset. If the
 1710  burn is conducted in an area designated by the division as smoke
 1711  sensitive, a certified pile burner must ensure that the piles
 1712  are properly extinguished at least 1 hour before sunset.
 1713         3. A written pile burn plan must be prepared before
 1714  receiving authorization from the division to burn.
 1715         4. The specific consent of the landowner or his or her
 1716  agent must be obtained before requesting authorization to burn.
 1717         5. An authorization to burn must be obtained from the
 1718  division or its designated agent before igniting the burn.
 1719         6. There must be adequate firebreaks and sufficient
 1720  personnel and firefighting equipment at the burn site to control
 1721  the fire.
 1722         (c) If a burn is conducted in accordance with this
 1723  subsection, the property owner and his or her agent are not
 1724  liable under s. 590.13 for damage or injury caused by the fire
 1725  or resulting smoke, and are not in violation of subsection (2),
 1726  unless gross negligence is proven.
 1727         (d) A certified pile burner who violates this section
 1728  commits a misdemeanor of the second degree, punishable as
 1729  provided in s. 775.082 or s. 775.083.
 1730         (e) The division shall adopt rules regulating certified
 1731  pile burning. The rules shall include procedures and criteria
 1732  for certifying and decertifying certified pile burn managers
 1733  based on past experience, training, and record of compliance
 1734  with this section.
 1735         (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE
 1736  DIVISION.—The division may conduct fuel reduction initiatives,
 1737  including, but not limited to, burning and mechanical and
 1738  chemical treatment, on any area of wild land within the state
 1739  which is reasonably determined to be in danger of wildfire in
 1740  accordance with the following procedures:
 1741         (a) Describe the areas that will receive fuels treatment to
 1742  the affected local governmental entity.
 1743         (b) Publish a treatment notice, including a description of
 1744  the area to be treated, in a conspicuous manner in at least one
 1745  newspaper of general circulation in the area of the treatment
 1746  not less than 10 days before the treatment.
 1747         (c) Prepare, and send the county tax collector shall
 1748  include with the annual tax statement, a notice to be sent to
 1749  all landowners in each area township designated by the division
 1750  as a wildfire hazard area. The notice must describe particularly
 1751  the area to be treated and the tentative date or dates of the
 1752  treatment and must list the reasons for and the expected
 1753  benefits from the wildfire hazard reduction.
 1754         (d) Consider any landowner objections to the fuels
 1755  treatment of his or her property. The landowner may apply to the
 1756  director of the division for a review of alternative methods of
 1757  fuel reduction on the property. If the director or his or her
 1758  designee does not resolve the landowner objection, the director
 1759  shall convene a panel made up of the local forestry unit
 1760  manager, the fire chief of the jurisdiction, and the affected
 1761  county or city manager, or any of their designees. If the
 1762  panel’s recommendation is not acceptable to the landowner, the
 1763  landowner may request further consideration by the Commissioner
 1764  of Agriculture or his or her designee and shall thereafter be
 1765  entitled to an administrative hearing pursuant to the provisions
 1766  of chapter 120.
 1767         (6) DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
 1768  AUTHORIZATION PROGRAMS.—
 1769         (a) A county or municipality may exercise the division’s
 1770  authority, if delegated by the division under this subsection,
 1771  to issue authorizations for the burning of yard trash or debris
 1772  from land-clearing operations. A county’s or municipality’s
 1773  existing or proposed open burning authorization program must:
 1774         1. Be approved by the division. The division shall not
 1775  approve a program if it fails to meet the requirements of
 1776  subsections (2) and (4) and any rules adopted under those
 1777  subsections.
 1778         2. Provide by ordinance or local law the requirements for
 1779  obtaining and performing a burn authorization that comply with
 1780  subsections (2) and (4) and any rules adopted under those
 1781  subsections.
 1782         3. Provide for the enforcement of the program’s
 1783  requirements.
 1784         4. Provide financial, personnel, and other resources needed
 1785  to carry out the program.
 1786         (b) If the division determines that a county’s or
 1787  municipality’s open burning authorization program does not
 1788  comply with subsections (2) and (4) and any rules adopted under
 1789  those subsections, the division shall require the county or
 1790  municipality to take necessary corrective actions within a
 1791  reasonable period, not to exceed 90 days.
 1792         1. If the county or municipality fails to take the
 1793  necessary corrective actions within the required period, the
 1794  division shall resume administration of the open burning
 1795  authorization program in the county or municipality and the
 1796  county or municipality shall cease administration of its
 1797  program.
 1798         2. Each county and municipality administering an open
 1799  burning authorization program must cooperate with and assist the
 1800  division in carrying out the division’s powers, duties, and
 1801  functions.
 1802         3. A person who violates the requirements of a county’s or
 1803  municipality’s open burning authorization program, as provided
 1804  by ordinance or local law enacted pursuant to this section,
 1805  commits a violation of this chapter, punishable as provided in
 1806  s. 590.14.
 1807         (7)(5) DUTIES OF AGENCIES.—The Department of Education
 1808  shall incorporate, where feasible and appropriate, the issues of
 1809  fuels treatment, including prescribed burning, into its
 1810  educational materials.
 1811         Section 48. Section 590.14, Florida Statutes, is amended to
 1812  read:
 1813         590.14 Notice of violation; penalties.—
 1814         (1) If a division employee determines that a person has
 1815  violated chapter 589, or this chapter, or any rule adopted by
 1816  the division to administer provisions of law conferring duties
 1817  upon the division, the division employee he or she may issue a
 1818  notice of violation indicating the statute violated. This notice
 1819  will be filed with the division and a copy forwarded to the
 1820  appropriate law enforcement entity for further action if
 1821  necessary.
 1822         (2) In addition to any penalties provided by law, any
 1823  person who causes a wildfire or permits any authorized fire to
 1824  escape the boundaries of the authorization or to burn past the
 1825  time of the authorization is liable for the payment of all
 1826  reasonable costs and expenses incurred in suppressing the fire
 1827  or $150, whichever is greater. All costs and expenses incurred
 1828  by the division shall be payable to the division. When such
 1829  costs and expenses are not paid within 30 days after demand, the
 1830  division may take proper legal proceedings for the collection of
 1831  the costs and expenses. Those costs incurred by an agency acting
 1832  at the division’s direction are recoverable by that agency.
 1833         (3) The department may also impose an administrative fine,
 1834  not to exceed $1,000 per violation of any section of chapter 589
 1835  or this chapter or violation of any rule adopted by the division
 1836  to administer provisions of law conferring duties upon the
 1837  division. The fine shall be based upon the degree of damage, the
 1838  prior violation record of the person, and whether the person
 1839  knowingly provided false information to obtain an authorization.
 1840  The fines shall be deposited in the Incidental Trust Fund of the
 1841  division.
 1842         (4) A person may not:
 1843         (a) Fail to comply with any rule or order adopted by the
 1844  division to administer provisions of law conferring duties upon
 1845  the division; or
 1846         (b) Knowingly make any false statement or representation in
 1847  any application, record, plan, or other document required by
 1848  this chapter or any rules adopted under this chapter.
 1849         (5) A person who violates paragraph (4)(a) or paragraph
 1850  (4)(b) commits a misdemeanor of the second degree, punishable as
 1851  provided in s. 775.082 or s. 775.083.
 1852         (6) It is the intent of the Legislature that a penalty
 1853  imposed by a court under subsection (5) be of a severity that
 1854  ensures immediate and continued compliance with this section.
 1855         (7)(4) The penalties provided in this section shall extend
 1856  to both the actual violator and the person or persons, firm, or
 1857  corporation causing, directing, or permitting the violation.
 1858         Section 49. Paragraph (a) of subsection (1) of section
 1859  599.004, Florida Statutes, is amended to read:
 1860         599.004 Florida Farm Winery Program; registration; logo;
 1861  fees.—
 1862         (1) The Florida Farm Winery Program is established within
 1863  the Department of Agriculture and Consumer Services. Under this
 1864  program, a winery may qualify as a tourist attraction only if it
 1865  is registered with and certified by the department as a Florida
 1866  Farm Winery. A winery may not claim to be certified unless it
 1867  has received written approval from the department.
 1868         (a) To qualify as a certified Florida Farm Winery, a winery
 1869  shall meet the following standards:
 1870         1. Produce or sell less than 250,000 gallons of wine
 1871  annually.
 1872         2. Maintain a minimum of 10 acres of owned or managed land
 1873  vineyards in Florida which produces commodities used in the
 1874  production of wine.
 1875         3. Be open to the public for tours, tastings, and sales at
 1876  least 30 hours each week.
 1877         4. Make annual application to the department for
 1878  recognition as a Florida Farm Winery, on forms provided by the
 1879  department.
 1880         5. Pay an annual application and registration fee of $100.
 1881         Section 50. Subsection (1) of section 604.15, Florida
 1882  Statutes, is amended, and subsection (11) is added to that
 1883  section, to read:
 1884         604.15 Dealers in agricultural products; definitions.—For
 1885  the purpose of ss. 604.15-604.34, the following words and terms,
 1886  when used, shall be construed to mean:
 1887         (1) “Agricultural products” means the natural products of
 1888  the farm, nursery, grove, orchard, vineyard, garden, and apiary
 1889  (raw or manufactured); sod; tropical foliage; horticulture; hay;
 1890  livestock; milk and milk products; poultry and poultry products;
 1891  the fruit of the saw palmetto (meaning the fruit of the Serenoa
 1892  repens); limes (meaning the fruit Citrus aurantifolia, variety
 1893  Persian, Tahiti, Bearss, or Florida Key limes); and any other
 1894  nonexempt agricultural products produced in the state, except
 1895  tobacco, sugarcane, tropical foliage, timber and timber
 1896  byproducts, forest products as defined in s. 591.17, and citrus
 1897  other than limes.
 1898         (11) “Responsible position” means a position within the
 1899  business of a dealer in agricultural products that has the
 1900  authority to negotiate or make the purchase of agricultural
 1901  products on behalf of the dealer’s business or has principal
 1902  active management authority over the business decisions,
 1903  actions, and activities of the dealer’s business in this state.
 1904         Section 51. Section 604.19, Florida Statutes, is amended to
 1905  read:
 1906         604.19 License; fee; bond; certificate of deposit;
 1907  penalty.—Unless the department refuses the application on one or
 1908  more of the grounds provided in this section, it shall issue to
 1909  an applicant, upon the payment of required fees and the
 1910  execution and delivery of a bond or certificate of deposit as
 1911  provided in this section, a state license entitling the
 1912  applicant to conduct business as a dealer in agricultural
 1913  products for a 1-year period to coincide with the effective
 1914  period of the bond or certificate of deposit furnished by the
 1915  applicant. During the 1-year period covered by a license, if the
 1916  supporting surety bond or certificate of deposit is canceled for
 1917  any reason, the license shall automatically expire on the date
 1918  the surety bond or certificate of deposit terminates, unless an
 1919  acceptable replacement is in effect before the date of
 1920  termination so that continual coverage occurs for the remaining
 1921  period of the license. A surety company shall give the
 1922  department a 30-day written notice of cancellation by certified
 1923  mail in order to cancel a bond. Cancellation of a bond or
 1924  certificate of deposit does shall not relieve a surety company
 1925  or financial institution of liability for purchases or sales
 1926  occurring while the bond or certificate of deposit was in
 1927  effect. The license fee, which must be paid for the principal
 1928  place of business for a dealer in agricultural products, shall
 1929  be based upon the amount of the dealer’s surety bond or
 1930  certificate of deposit furnished by each dealer under the
 1931  provisions of s. 604.20 and may not exceed $500. For each
 1932  additional place in which the applicant desires to conduct
 1933  business and which the applicant names in the application, the
 1934  additional license fee must be paid but may not exceed $100
 1935  annually. If a Should any dealer in agricultural products fails,
 1936  refuses, or neglects fail, refuse, or neglect to apply and
 1937  qualify for the renewal of a license on or before its the date
 1938  of expiration date thereof, a penalty not to exceed $100 shall
 1939  apply to and be added to the original license fee for the
 1940  principal place of business and to the license fee for each
 1941  additional place of business named in the application and shall
 1942  be paid by the applicant before the renewal license may be
 1943  issued. The department by rule shall prescribe fee amounts
 1944  sufficient to fund ss. 604.15-604.34.
 1945         Section 52. Section 604.25, Florida Statutes, is amended to
 1946  read:
 1947         604.25 Denial of, refusal to renew grant, or suspension or
 1948  revocation of, license.—
 1949         (1) The department may deny, refuse to renew, decline to
 1950  grant a license or may suspend or revoke a license already
 1951  granted if the applicant or licensee has:
 1952         (1)(a) Suffered a monetary judgment entered against the
 1953  applicant or licensee upon which is execution has been returned
 1954  unsatisfied;
 1955         (2)(b) Made false charges for handling or services
 1956  rendered;
 1957         (3)(c) Failed to account promptly and properly or to make
 1958  settlements with any producer;
 1959         (4)(d) Made any false statement or statements as to
 1960  condition, quality, or quantity of goods received or held for
 1961  sale when the true condition, quality, or quantity could have
 1962  been ascertained by reasonable inspection;
 1963         (5)(e) Made any false or misleading statement or statements
 1964  as to market conditions or service rendered;
 1965         (6)(f) Been guilty of a fraud in the attempt to procure, or
 1966  the procurement of, a license;
 1967         (7)(g) Directly or indirectly sold agricultural products
 1968  received on consignment or on a net return basis for her or his
 1969  own account, without prior authority from the producer
 1970  consigning the same, or without notifying such producer;
 1971         (8)(h)Failed to prevent a person from holding a position
 1972  as the applicant’s or licensee’s owner, officer, director,
 1973  general or managing partner, or employee Employed in a
 1974  responsible position a person, or holding any other similarly
 1975  situated position, if the person holds or has held a similar
 1976  position with any entity that an officer of a corporation, who
 1977  has failed to fully comply with an order of the department, has
 1978  not satisfied a civil judgment held by the department, has
 1979  pending any administrative or civil enforcement action by the
 1980  department, or has pending any criminal charges pursuant to s.
 1981  604.30 at any time within 1 year after issuance;
 1982         (9)(i) Violated any statute or rule relating to the
 1983  purchase or sale of any agricultural product, whether or not
 1984  such transaction is subject to the provisions of this chapter;
 1985  or
 1986         (10)(j) Failed to submit to the department an application,
 1987  appropriate license fees, and an acceptable surety bond or
 1988  certificate of deposit; or.
 1989         (11)(2)Failed If a licensee fails or refused refuses to
 1990  comply in full with an order of the department or failed to
 1991  satisfy a civil judgment owed to the department, her or his
 1992  license may be suspended or revoked, in which case she or he
 1993  shall not be eligible for license for a period of 1 year or
 1994  until she or he has fully complied with the order of the
 1995  department.
 1996         (3) No person, or officer of a corporation, whose license
 1997  has been suspended or revoked for failure to comply with an
 1998  order of the department may hold a responsible position with a
 1999  licensee for a period of 1 year or until the order of the
 2000  department has been fully complied with.
 2001         Section 53. Subsections (18) and (19) of section 616.242,
 2002  Florida Statutes, are renumbered as subsections (19) and (20),
 2003  respectively, and a new subsection (18) is added to that section
 2004  to read:
 2005         616.242 Safety standards for amusement rides.—
 2006         (18) STOP-OPERATION ORDERS.—If an owner or amusement ride
 2007  fails to comply with this chapter or any rule adopted under this
 2008  chapter, the department may issue a stop-operation order.
 2009         Section 54. Subsection (4) of section 686.201, Florida
 2010  Statutes, is amended to read:
 2011         686.201 Sales representative contracts involving
 2012  commissions; requirements; termination of agreement; civil
 2013  remedies.—
 2014         (4) This section does not apply to persons licensed
 2015  pursuant to chapter 475 who are performing services within the
 2016  scope of their license or to contracts to which a seller of
 2017  travel, as defined in s. 559.927, is a party.
 2018         Section 55. Paragraph (c) of subsection (5) of section
 2019  790.06, Florida Statutes, is amended to read:
 2020         790.06 License to carry concealed weapon or firearm.—
 2021         (5) The applicant shall submit to the Department of
 2022  Agriculture and Consumer Services:
 2023         (c) A full set of fingerprints of the applicant
 2024  administered by a law enforcement agency or the Division of
 2025  Licensing of the Department of Agriculture and Consumer
 2026  Services.
 2027         Section 56. Sections 570.071 and 570.901, Florida Statutes,
 2028  are repealed.
 2029         Section 57. The Department of Agriculture and Consumer
 2030  Services shall meet with duly authorized representatives of
 2031  established organizations representing the Florida pest control
 2032  industry and prepare a report that shall be submitted to the
 2033  President of the Senate, the Speaker of the House of
 2034  Representatives, the chairperson of the Senate Committee on
 2035  Agriculture, and the chairperson of the House Committee on
 2036  Agribusiness by January 1, 2011. The report shall include
 2037  recommended amendments to chapter 482, Florida Statutes, which
 2038  provide for disciplinary action to be taken against licensees
 2039  who violate laws or rules pertaining to the pretreatment of soil
 2040  to protect newly constructed homes, pest control at sensitive
 2041  facilities such as schools and nursing homes, and also the
 2042  fumigation of existing homes for protection against termite
 2043  damage, thereby providing additional safeguards for consumers.
 2044  The report may also address other issues of concern to the
 2045  department and to members of the industry, such as changes to
 2046  requirements for professional liability insurance coverage or
 2047  the amount of bond required, duties and responsibilities of a
 2048  certified operator, issuance of a centralized pest control
 2049  service center license, and limited certification for commercial
 2050  wildlife management personnel.
 2051         Section 58. This act shall take effect July 1, 2010.


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