October 21, 2020
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       Florida Senate - 2010                       CS for CS for SB 382
       
       
       
       By the Committees on Community Affairs; and Agriculture; and
       Senator Dean
       
       
       
       578-04908B-10                                          2010382c2
    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         creating s. 828.126, F.S.; providing a definition for
  185         the term “sexual activities” as it involves animals;
  186         prohibiting persons from engaging in sexual activities
  187         with animals; providing penalties; providing that such
  188         prohibition does not apply to normal and ordinary
  189         animal husbandry practices, conformation judging
  190         practices, or accepted veterinary medical practices;
  191         requiring that the department and representatives of
  192         the state pest control industry prepare a report for
  193         the President of the Senate, the Speaker of the House
  194         of Representatives, and the chairpersons of specified
  195         legislative committees by a certain date; requiring
  196         that the report include recommendations for changes in
  197         the law to provide for disciplinary action against
  198         licensees of the pest control industry under certain
  199         circumstances; providing that the report may also
  200         address additional issues of concern to members of the
  201         industry; providing an effective date.
  202  
  203  Be It Enacted by the Legislature of the State of Florida:
  204  
  205         Section 1. Paragraph (d) of subsection (1) of section
  206  373.1391, Florida Statutes, is amended to read:
  207         373.1391 Management of real property.—
  208         (1)
  209         (d) For any fee simple acquisition of a parcel which is or
  210  will be leased back for agricultural purposes, or for any
  211  acquisition of a less-than-fee interest in lands that is or will
  212  be used for agricultural purposes, the district governing board
  213  shall first consider having a soil and water conservation
  214  district created pursuant to chapter 582 manage and monitor such
  215  interest. Priority shall be given to the agricultural use
  216  present at the time of fee simple acquisition of the parcel.
  217         Section 2. Section 403.9336, Florida Statutes, is amended
  218  to read:
  219         403.9336 Legislative findings.—The Legislature finds that
  220  the implementation of the Model Ordinance for Florida-Friendly
  221  Fertilizer Use on Urban Landscapes (2008), which was developed
  222  by the department in conjunction with the Florida Consumer
  223  Fertilizer Task Force, the Department of Agriculture and
  224  Consumer Services, and the University of Florida Institute of
  225  Food and Agricultural Sciences, will assist in protecting the
  226  quality of Florida’s surface water and groundwater resources.
  227  The Legislature further finds that local conditions, including
  228  variations in the types and quality of water bodies, site
  229  specific soils and geology, and urban or rural densities and
  230  characteristics, may necessitate the implementation of
  231  additional or more stringent fertilizer management practices at
  232  the local government level.
  233         Section 3. Section 403.9337, Florida Statutes, is amended
  234  to read:
  235         403.9337 Model Ordinance for Florida-Friendly Fertilizer
  236  Use on Urban Landscapes.—
  237         (1) The Model Ordinance for Florida-Friendly Fertilizer Use
  238  on Urban Landscapes (2009) may be amended. All amendments made
  239  on or after July 1, 2010, shall be adopted by an order of the
  240  department. Before adoption, the department shall hold at least
  241  one public workshop to discuss and receive comments on the
  242  amended Model Ordinance for Florida-Friendly Fertilizer Use on
  243  Urban Landscapes. At a minimum, the department shall notify
  244  interested stakeholders, including representatives from the
  245  nursery and landscape industry, pest control industry, the
  246  Department of Agriculture and Consumer Services, the University
  247  of Florida’s Institute of Food and Agricultural Sciences,
  248  environmental groups, and county and local governments,
  249  regarding the public workshop. The order is subject to challenge
  250  under chapter 120.
  251         (2)(1) All county and municipal governments are encouraged
  252  to adopt and enforce the Model Ordinance for Florida-Friendly
  253  Fertilizer Use on Urban Landscapes or an equivalent requirement
  254  as a mechanism for protecting local surface and groundwater
  255  quality.
  256         (3)(2) Each county and municipal government located within
  257  the watershed of a water body or water segment that is listed as
  258  impaired by nutrients pursuant to s. 403.067, must shall, at a
  259  minimum, adopt the most recent version of the department’s Model
  260  Ordinance for Florida-Friendly Fertilizer Use on Urban
  261  Landscapes. A local government may adopt additional or more
  262  stringent standards than the model ordinance if, before
  263  adoption, the following criteria are met:
  264         (a) The local government has implemented demonstrated, as
  265  part of a comprehensive program to address nonpoint sources of
  266  nutrient pollution but which is science-based, and economically
  267  and technically feasible, that additional or more stringent
  268  standards than the model ordinance are necessary in order to
  269  adequately address urban fertilizer contributions to nonpoint
  270  source nutrient loading to a water body. In all instances, the
  271  comprehensive program must be science-based and economically and
  272  technically feasible. A comprehensive program may include, but
  273  is not limited to:
  274         1. Nonpoint source activities adopted as part of a basin
  275  management plan developed pursuant to s. 403.067(7);
  276         2. Adoption of Florida-friendly landscaping requirements,
  277  as provided in s. 373.185, into the local government’s
  278  development code; or
  279         3. The requirement for and enforcement of the
  280  implementation of low-impact development practices.
  281         (b) The local government documents in the public record the
  282  need for more stringent standards, including the scientifically
  283  documented impairment of waters within the local government’s
  284  jurisdiction due to nutrient enrichment attributable to
  285  landforms, soils, hydrology, climate, or geology, and the local
  286  government documents that it has requested and considered all
  287  relevant scientific information, including input from the
  288  department, the institute, the Department of Agriculture and
  289  Consumer Services, and the University of Florida’s Florida
  290  Institute of Food and Agricultural Sciences, if provided, on the
  291  need for additional or more stringent provisions to address
  292  fertilizer use as a contributor to water quality degradation.
  293  All documentation must become part of the public record before
  294  adoption of the additional or more stringent criteria.
  295         (4)(3) Any county or municipal government that adopted its
  296  own fertilizer use ordinance before January 1, 2009, is exempt
  297  from this section. Ordinances adopted or amended on or after
  298  January 1, 2009, must substantively conform to the most recent
  299  version of the model fertilizer ordinance and are subject to
  300  subsections (1) and (2), as applicable.
  301         (5) A fertilizer ordinance adopted by a county or municipal
  302  government does not prohibit an individual licensed under s.
  303  482.1562 from conducting his or her occupation, which may
  304  include, based on site-specific assessment such as soil testing
  305  or leaf tissue analysis, the application of macronutrients or
  306  micronutrients throughout the calendar year.
  307         (6)(4) This section does not apply to the use of
  308  fertilizer:
  309         (a) On farm operations as defined in s. 823.14; or
  310         (b) On lands classified as agricultural lands pursuant to
  311  s. 193.461; or.
  312         (c) On any lands utilized for scientific research, such as
  313  urban stormwater, water quality, agronomic, or horticultural.
  314         Section 4. Subsection (1) of section 493.6102, Florida
  315  Statutes, is amended to read:
  316         493.6102 Inapplicability of this chapter.—This chapter
  317  shall not apply to:
  318         (1) Any individual who is an “officer” as defined in s.
  319  943.10(14), or is a law enforcement officer of the United States
  320  Government, while the such local, state, or federal officer is
  321  engaged in her or his official duties or, if approved by the
  322  officer’s supervisors, when performing off-duty activities as a
  323  security officer activities approved by her or his superiors.
  324         Section 5. Section 493.6105, Florida Statutes, is amended
  325  to read:
  326         493.6105 Initial application for license.—
  327         (1) Each individual, partner, or principal officer in a
  328  corporation, shall file with the department a complete
  329  application accompanied by an application fee not to exceed $60,
  330  except that the applicant for a Class “D” or Class “G” license
  331  is shall not be required to submit an application fee. The
  332  application fee is shall not be refundable.
  333         (a) The application submitted by any individual, partner,
  334  or corporate officer must shall be approved by the department
  335  before the prior to that individual, partner, or corporate
  336  officer assumes assuming his or her duties.
  337         (b) Individuals who invest in the ownership of a licensed
  338  agency, but do not participate in, direct, or control the
  339  operations of the agency are shall not be required to file an
  340  application.
  341         (2) Each application must shall be signed and verified by
  342  the individual under oath as provided in s. 92.525 and shall be
  343  notarized.
  344         (3) The application must shall contain the following
  345  information concerning the individual signing the application
  346  same:
  347         (a) Name and any aliases.
  348         (b) Age and date of birth.
  349         (c) Place of birth.
  350         (d) Social security number or alien registration number,
  351  whichever is applicable.
  352         (e) Current Present residence address and his or her
  353  residence addresses within the 5 years immediately preceding the
  354  submission of the application.
  355         (f) Occupations held presently and within the 5 years
  356  immediately preceding the submission of the application.
  357         (f)(g) A statement of all criminal convictions, findings of
  358  guilt, and pleas of guilty or nolo contendere, regardless of
  359  adjudication of guilt.
  360         (g) One passport-type color photograph taken within the 6
  361  months immediately preceding submission of the application.
  362         (h) A statement whether he or she has ever been adjudicated
  363  incompetent under chapter 744.
  364         (i) A statement whether he or she has ever been committed
  365  to a mental institution under chapter 394.
  366         (j) A full set of fingerprints on a card provided by the
  367  department and a fingerprint fee to be established by rule of
  368  the department based upon costs determined by state and federal
  369  agency charges and department processing costs. An applicant who
  370  has, within the immediately preceding 6 months, submitted a
  371  fingerprint card and fee for licensing purposes under this
  372  chapter shall not be required to submit another fingerprint card
  373  or fee.
  374         (k) A personal inquiry waiver which allows the department
  375  to conduct necessary investigations to satisfy the requirements
  376  of this chapter.
  377         (l) Such further facts as may be required by the department
  378  to show that the individual signing the application is of good
  379  moral character and qualified by experience and training to
  380  satisfy the requirements of this chapter.
  381         (4) In addition to the application requirements outlined in
  382  subsection (3), the applicant for a Class “C,” Class “CC,” Class
  383  “E,” Class “EE,” or Class “G” license shall submit two color
  384  photographs taken within the 6 months immediately preceding the
  385  submission of the application, which meet specifications
  386  prescribed by rule of the department. All other applicants shall
  387  submit one photograph taken within the 6 months immediately
  388  preceding the submission of the application.
  389         (4)(5) In addition to the application requirements outlined
  390  under subsection (3), the applicant for a Class “C,” Class “E,”
  391  Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall
  392  include a statement on a form provided by the department of the
  393  experience which he or she believes will qualify him or her for
  394  such license.
  395         (5)(6) In addition to the requirements outlined in
  396  subsection (3), an applicant for a Class “G” license shall
  397  satisfy minimum training criteria for firearms established by
  398  rule of the department, which training criteria shall include,
  399  but is not limited to, 28 hours of range and classroom training
  400  taught and administered by a Class “K” licensee; however, no
  401  more than 8 hours of such training shall consist of range
  402  training. If the applicant can show proof that he or she is an
  403  active law enforcement officer currently certified under the
  404  Criminal Justice Standards and Training Commission or has
  405  completed the training required for that certification within
  406  the last 12 months, or if the applicant submits one of the
  407  certificates specified in paragraph (6)(a) (7)(a), the
  408  department may waive the foregoing firearms training
  409  requirement.
  410         (6)(7) In addition to the requirements under subsection
  411  (3), an applicant for a Class “K” license shall:
  412         (a) Submit one of the following certificates:
  413         1. The Florida Criminal Justice Standards and Training
  414  Commission Firearms Instructor’s Certificate and confirmation by
  415  the commission that the applicant is authorized to provide
  416  firearms instruction.
  417         2. The National Rifle Association Law Enforcement Police
  418  Firearms Instructor’s Certificate.
  419         3. The National Rifle Association Security Firearms
  420  Instructor’s Certificate.
  421         3.4. A firearms instructor’s training certificate issued by
  422  any branch of the United States Armed Forces, from a federal law
  423  enforcement academy or agency, state, county, or municipal
  424  police academy in this state recognized as such by the Criminal
  425  Justice Standards and Training Commission or by the Department
  426  of Education.
  427         (b) Pay the fee for and pass an examination administered by
  428  the department which shall be based upon, but is not necessarily
  429  limited to, a firearms instruction manual provided by the
  430  department.
  431         (7)(8) In addition to the application requirements for
  432  individuals, partners, or officers outlined under subsection
  433  (3), the application for an agency license shall contain the
  434  following information:
  435         (a) The proposed name under which the agency intends to
  436  operate.
  437         (b) The street address, mailing address, and telephone
  438  numbers of the principal location at which business is to be
  439  conducted in this state.
  440         (c) The street address, mailing address, and telephone
  441  numbers of all branch offices within this state.
  442         (d) The names and titles of all partners or, in the case of
  443  a corporation, the names and titles of its principal officers.
  444         (8)(9) Upon submission of a complete application, a Class
  445  “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
  446  Class “MA,” Class “MB,” or Class “MR” applicant may commence
  447  employment or appropriate duties for a licensed agency or branch
  448  office. However, the Class “C” or Class “E” applicant must work
  449  under the direction and control of a sponsoring licensee while
  450  his or her application is being processed. If the department
  451  denies application for licensure, the employment of the
  452  applicant must be terminated immediately, unless he or she
  453  performs only unregulated duties.
  454         Section 6. Paragraph (f) of subsection (1) and paragraph
  455  (a) of subsection (2) of section 493.6106, Florida Statutes, are
  456  amended, and paragraph (g) is added to subsection (1) of that
  457  section, to read:
  458         493.6106 License requirements; posting.—
  459         (1) Each individual licensed by the department must:
  460         (f) Be a citizen or permanent legal resident alien of the
  461  United States or have appropriate been granted authorization
  462  issued to seek employment in this country by the United States
  463  Bureau of Citizenship and Immigration Services of the United
  464  States Department of Homeland Security.
  465         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  466  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  467  “MB,” Class “MR,” or Class “RI” license who is not a United
  468  States citizen must submit proof of current employment
  469  authorization issued by the United States Bureau of Citizenship
  470  and Immigration Services or proof that she or he is deemed a
  471  permanent legal resident alien by the United States Bureau of
  472  Citizenship and Immigration Services.
  473         2. An applicant for a Class “G” or Class “K” license who is
  474  not a United States citizen must submit proof that she or he is
  475  deemed a permanent legal resident alien by the United States
  476  Bureau of Citizenship and Immigration Services, together with
  477  additional documentation establishing that she or he has resided
  478  in the state of residence shown on the application for at least
  479  90 consecutive days before the date that the application is
  480  submitted.
  481         3. An applicant for an agency or school license who is not
  482  a United States citizen or permanent legal resident alien must
  483  submit documentation issued by the United States Bureau of
  484  Citizenship and Immigration Services stating that she or he is
  485  lawfully in the United States and is authorized to own and
  486  operate the type of agency or school for which she or he is
  487  applying. An employment authorization card issued by the United
  488  States Bureau of Citizenship and Immigration Services is not
  489  sufficient documentation.
  490         (g) Not be prohibited from purchasing or possessing a
  491  firearm by state or federal law if the individual is applying
  492  for a Class “G” license or a Class “K” license.
  493         (2) Each agency shall have a minimum of one physical
  494  location within this state from which the normal business of the
  495  agency is conducted, and this location shall be considered the
  496  primary office for that agency in this state.
  497         (a) If an agency or branch office desires to change the
  498  physical location of the business, as it appears on the agency
  499  license, the department must be notified within 10 days of the
  500  change, and, except upon renewal, the fee prescribed in s.
  501  493.6107 must be submitted for each license requiring revision.
  502  Each license requiring revision must be returned with such
  503  notification.
  504         Section 7. Subsection (3) of section 493.6107, Florida
  505  Statutes, is amended to read:
  506         493.6107 Fees.—
  507         (3) The fees set forth in this section must be paid by
  508  certified check or money order or, at the discretion of the
  509  department, by agency check at the time the application is
  510  approved, except that the applicant for a Class “G” or Class “M”
  511  license must pay the license fee at the time the application is
  512  made. If a license is revoked or denied or if the application is
  513  withdrawn, the license fee shall not be refunded.
  514         Section 8. Paragraph (a) of subsection (1) and subsection
  515  (3) of section 493.6108, Florida Statutes, are amended to read:
  516         493.6108 Investigation of applicants by Department of
  517  Agriculture and Consumer Services.—
  518         (1) Except as otherwise provided, prior to the issuance of
  519  a license under this chapter, the department shall make an
  520  investigation of the applicant for a license. The investigation
  521  shall include:
  522         (a)1. An examination of fingerprint records and police
  523  records. When a criminal history analysis of any applicant under
  524  this chapter is performed by means of fingerprint card
  525  identification, the time limitations prescribed by s. 120.60(1)
  526  shall be tolled during the time the applicant’s fingerprint card
  527  is under review by the Department of Law Enforcement or the
  528  United States Department of Justice, Federal Bureau of
  529  Investigation.
  530         2. If a legible set of fingerprints, as determined by the
  531  Department of Law Enforcement or the Federal Bureau of
  532  Investigation, cannot be obtained after two attempts, the
  533  Department of Agriculture and Consumer Services may determine
  534  the applicant’s eligibility based upon a criminal history record
  535  check under the applicant’s name conducted by the Department of
  536  Law Enforcement if the and the Federal Bureau of Investigation.
  537  A set of fingerprints are taken by a law enforcement agency or
  538  the department and the applicant submits a written statement
  539  signed by the fingerprint technician or a licensed physician
  540  stating that there is a physical condition that precludes
  541  obtaining a legible set of fingerprints or that the fingerprints
  542  taken are the best that can be obtained is sufficient to meet
  543  this requirement.
  544         (3) The department shall also investigate the mental
  545  history and current mental and emotional fitness of any Class
  546  “G” or Class “K” applicant, and may deny a Class “G” or Class
  547  “K” license to anyone who has a history of mental illness or
  548  drug or alcohol abuse.
  549         Section 9. Subsection (4) of section 493.6111, Florida
  550  Statutes, is amended to read:
  551         493.6111 License; contents; identification card.—
  552         (4) Notwithstanding the existence of a valid Florida
  553  corporate registration, an no agency or school licensee may not
  554  conduct activities regulated under this chapter under any
  555  fictitious name without prior written authorization from the
  556  department to use that name in the conduct of activities
  557  regulated under this chapter. The department may not authorize
  558  the use of a name which is so similar to that of a public
  559  officer or agency, or of that used by another licensee, that the
  560  public may be confused or misled thereby. The authorization for
  561  the use of a fictitious name shall require, as a condition
  562  precedent to the use of such name, the filing of a certificate
  563  of engaging in business under a fictitious name under s. 865.09.
  564  A No licensee may not shall be permitted to conduct business
  565  under more than one fictitious name except as separately
  566  licensed nor shall the license be valid to protect any licensee
  567  who is engaged in the business under any name other than that
  568  specified in the license. An agency desiring to change its
  569  licensed name shall notify the department and, except upon
  570  renewal, pay a fee not to exceed $30 for each license requiring
  571  revision including those of all licensed employees except Class
  572  “D” or Class “G” licensees. Upon the return of such licenses to
  573  the department, revised licenses shall be provided.
  574         Section 10. Subsection (2) and paragraph (a) of subsection
  575  (3) of section 493.6113, Florida Statutes, are amended to read:
  576         493.6113 Renewal application for licensure.—
  577         (2) At least No less than 90 days before prior to the
  578  expiration date of the license, the department shall mail a
  579  written notice to the last known mailing residence address of
  580  the licensee for individual licensees and to the last known
  581  agency address for agencies.
  582         (3) Each licensee shall be responsible for renewing his or
  583  her license on or before its expiration by filing with the
  584  department an application for renewal accompanied by payment of
  585  the prescribed license fee.
  586         (a) Each Class “B” Class “A,” Class “B,” or Class “R”
  587  licensee shall additionally submit on a form prescribed by the
  588  department a certification of insurance which evidences that the
  589  licensee maintains coverage as required under s. 493.6110.
  590         Section 11. Subsection (8), paragraph (d) of subsection
  591  (12), and subsection (16) of section 493.6115, Florida Statutes,
  592  are amended to read:
  593         493.6115 Weapons and firearms.—
  594         (8) A Class “G” applicant must satisfy the minimum training
  595  criteria as set forth in s. 493.6105(5)(6) and as established by
  596  rule of the department.
  597         (12) The department may issue a temporary Class “G”
  598  license, on a case-by-case basis, if:
  599         (d) The applicant has received approval from the department
  600  subsequent to its conduct of a criminal history record check as
  601  authorized in s. 493.6108(1)(a)1. 493.6121(6).
  602         (16) If the criminal history record check program
  603  referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
  604  department may issue a temporary “G” license on a case-by-case
  605  basis, provided that the applicant has met all statutory
  606  requirements for the issuance of a temporary “G” license as
  607  specified in subsection (12), excepting the criminal history
  608  record check stipulated there; provided, that the department
  609  requires that the licensed employer of the applicant conduct a
  610  criminal history record check of the applicant pursuant to
  611  standards set forth in rule by the department, and provide to
  612  the department an affidavit containing such information and
  613  statements as required by the department, including a statement
  614  that the criminal history record check did not indicate the
  615  existence of any criminal history that would prohibit licensure.
  616  Failure to properly conduct such a check, or knowingly providing
  617  incorrect or misleading information or statements in the
  618  affidavit shall constitute grounds for disciplinary action
  619  against the licensed agency, including revocation of license.
  620         Section 12. Paragraph (u) of subsection (1) of section
  621  493.6118, Florida Statutes, is redesignated as paragraph (v),
  622  and a new paragraph (u) is added to that subsection to read:
  623         493.6118 Grounds for disciplinary action.—
  624         (1) The following constitute grounds for which disciplinary
  625  action specified in subsection (2) may be taken by the
  626  department against any licensee, agency, or applicant regulated
  627  by this chapter, or any unlicensed person engaged in activities
  628  regulated under this chapter.
  629         (u) For a Class “G” or a Class “K” applicant or licensee,
  630  being prohibited from purchasing or possessing a firearm by
  631  state or federal law.
  632         Section 13. Subsections (7) and (8) of section 493.6121,
  633  Florida Statutes, are renumbered as subsections (6) and (7),
  634  respectively, and present subsection (6) of that section is
  635  amended, to read:
  636         493.6121 Enforcement; investigation.—
  637         (6) The department shall be provided access to the program
  638  that is operated by the Department of Law Enforcement, pursuant
  639  to s. 790.065, for providing criminal history record information
  640  to licensed gun dealers, manufacturers, and exporters. The
  641  department may make inquiries, and shall receive responses in
  642  the same fashion as provided under s. 790.065. The department
  643  shall be responsible for payment to the Department of Law
  644  Enforcement of the same fees as charged to others afforded
  645  access to the program.
  646         Section 14. Subsection (3) of section 493.6202, Florida
  647  Statutes, is amended to read:
  648         493.6202 Fees.—
  649         (3) The fees set forth in this section must be paid by
  650  certified check or money order or, at the discretion of the
  651  department, by agency check at the time the application is
  652  approved, except that the applicant for a Class “G,” Class “C,”
  653  Class “CC,” Class “M,” or Class “MA” license must pay the
  654  license fee at the time the application is made. If a license is
  655  revoked or denied or if the application is withdrawn, the
  656  license fee shall not be refunded.
  657         Section 15. Subsections (2), (4), and (6) of section
  658  493.6203, Florida Statutes, are amended to read:
  659         493.6203 License requirements.—In addition to the license
  660  requirements set forth elsewhere in this chapter, each
  661  individual or agency shall comply with the following additional
  662  requirements:
  663         (2) An applicant for a Class “MA” license shall have 2
  664  years of lawfully gained, verifiable, full-time experience, or
  665  training in:
  666         (a) Private investigative work or related fields of work
  667  that provided equivalent experience or training;
  668         (b) Work as a Class “CC” licensed intern;
  669         (c) Any combination of paragraphs (a) and (b);
  670         (d) Experience described in paragraph (a) for 1 year and
  671  experience described in paragraph (e) for 1 year;
  672         (e) No more than 1 year using:
  673         1. College coursework related to criminal justice,
  674  criminology, or law enforcement administration; or
  675         2. Successfully completed law enforcement-related training
  676  received from any federal, state, county, or municipal agency;
  677  or
  678         (f) Experience described in paragraph (a) for 1 year and
  679  work in a managerial or supervisory capacity for 1 year.
  680  
  681  However, experience in performing bodyguard services is not
  682  creditable toward the requirements of this subsection.
  683         (4) An applicant for a Class “C” license shall have 2 years
  684  of lawfully gained, verifiable, full-time experience, or
  685  training in one, or a combination of more than one, of the
  686  following:
  687         (a) Private investigative work or related fields of work
  688  that provided equivalent experience or training.
  689         (b) College coursework related to criminal justice,
  690  criminology, or law enforcement administration, or successful
  691  completion of any law enforcement-related training received from
  692  any federal, state, county, or municipal agency, except that no
  693  more than 1 year may be used from this category.
  694         (c) Work as a Class “CC” licensed intern.
  695  
  696  However, experience in performing bodyguard services is not
  697  creditable toward the requirements of this subsection.
  698         (6)(a) A Class “CC” licensee shall serve an internship
  699  under the direction and control of a designated sponsor, who is
  700  a Class “C,” Class “MA,” or Class “M” licensee.
  701         (b) Effective January 1, 2011 September 1, 2008, before
  702  submission of an application to the department, the an applicant
  703  for a Class “CC” license must have completed a minimum of 40 at
  704  least 24 hours of professional training a 40-hour course
  705  pertaining to general investigative techniques and this chapter,
  706  which course is offered by a state university or by a school,
  707  community college, college, or university under the purview of
  708  the Department of Education, and the applicant must pass an
  709  examination. The training must be provided in two parts, one 24
  710  hour course and one 16-hour course. The certificate evidencing
  711  satisfactory completion of the 40 at least 24 hours of
  712  professional training a 40-hour course must be submitted with
  713  the application for a Class “CC” license. The remaining 16 hours
  714  must be completed and an examination passed within 180 days. If
  715  documentation of completion of the required training is not
  716  submitted within the specified timeframe, the individual’s
  717  license is automatically suspended or his or her authority to
  718  work as a Class “CC” pursuant to s. 493.6105(9) is rescinded
  719  until such time as proof of certificate of completion is
  720  provided to the department. The training course specified in
  721  this paragraph may be provided by face-to-face presentation,
  722  online technology, or a home study course in accordance with
  723  rules and procedures of the Department of Education. The
  724  administrator of the examination must verify the identity of
  725  each applicant taking the examination.
  726         1. Upon an applicant’s successful completion of each part
  727  of the approved training course and passage of any required
  728  examination, the school, community college, college, or
  729  university shall issue a certificate of completion to the
  730  applicant. The certificates must be on a form established by
  731  rule of the department.
  732         2. The department shall establish by rule the general
  733  content of the professional training course and the examination
  734  criteria.
  735         3. If the license of an applicant for relicensure is has
  736  been invalid for more than 1 year, the applicant must complete
  737  the required training and pass any required examination.
  738         (c) An individual who submits an application for a Class
  739  “CC” license on or after September 1, 2008, through December 31,
  740  2010, who has not completed the 16-hour course must submit proof
  741  of successful completion of the course within 180 days after the
  742  date the application is submitted. If documentation of
  743  completion of the required training is not submitted by that
  744  date, the individual’s license is automatically suspended until
  745  proof of the required training is submitted to the department.
  746  An individual licensed on or before August 31, 2008, is not
  747  required to complete additional training hours in order to renew
  748  an active license beyond the required total amount of training,
  749  and within the timeframe, in effect at the time he or she was
  750  licensed.
  751         Section 16. Subsection (3) of section 493.6302, Florida
  752  Statutes, is amended to read:
  753         493.6302 Fees.—
  754         (3) The fees set forth in this section must be paid by
  755  certified check or money order or, at the discretion of the
  756  department, by agency check at the time the application is
  757  approved, except that the applicant for a Class “D,” Class “G,”
  758  Class “M,” or Class “MB” license must pay the license fee at the
  759  time the application is made. If a license is revoked or denied
  760  or if the application is withdrawn, the license fee shall not be
  761  refunded.
  762         Section 17. Subsection (4) of section 493.6303, Florida
  763  Statutes, is amended to read:
  764         493.6303 License requirements.—In addition to the license
  765  requirements set forth elsewhere in this chapter, each
  766  individual or agency shall comply with the following additional
  767  requirements:
  768         (4)(a) Effective January 1, 2011, an applicant for a Class
  769  “D” license must submit proof of successful completion of
  770  complete a minimum of 40 hours of professional training at a
  771  school or training facility licensed by the department. The
  772  training must be provided in two parts, one 24-hour course and
  773  one 16-hour course. The department shall by rule establish the
  774  general content and number of hours of each subject area to be
  775  taught.
  776         (b) An individual who submits an application for a Class
  777  “D” license on or after January 1, 2007, through December 31,
  778  2010, who has not completed the 16-hour course must submit proof
  779  of successful completion of the course within 180 days after the
  780  date the application is submitted. If documentation of
  781  completion of the required training is not submitted by that
  782  date, the individual’s license is automatically suspended until
  783  proof of the required training is submitted to the department.
  784  This section does not require a person licensed before January
  785  1, 2007, to complete additional training hours in order to renew
  786  an active license beyond the required total amount of training
  787  within the timeframe prescribed by law at the time he or she was
  788  licensed. An applicant may fulfill the training requirement
  789  prescribed in paragraph (a) by submitting proof of:
  790         1. Successful completion of the total number of required
  791  hours of training before initial application for a Class “D”
  792  license; or
  793         2. Successful completion of 24 hours of training before
  794  initial application for a Class “D” license and successful
  795  completion of the remaining 16 hours of training within 180 days
  796  after the date that the application is submitted. If
  797  documentation of completion of the required training is not
  798  submitted within the specified timeframe, the individual’s
  799  license is automatically suspended until such time as proof of
  800  the required training is provided to the department.
  801         (c) An individual However, any person whose license is
  802  suspended or has been revoked, suspended pursuant to paragraph
  803  (b) subparagraph 2., or is expired for at least 1 year, or
  804  longer is considered, upon reapplication for a license, an
  805  initial applicant and must submit proof of successful completion
  806  of 40 hours of professional training at a school or training
  807  facility licensed by the department as provided prescribed in
  808  paragraph (a) before a license is will be issued. Any person
  809  whose license was issued before January 1, 2007, and whose
  810  license has been expired for less than 1 year must, upon
  811  reapplication for a license, submit documentation of completion
  812  of the total number of hours of training prescribed by law at
  813  the time her or his initial license was issued before another
  814  license will be issued. This subsection does not require an
  815  individual licensed before January 1, 2007, to complete
  816  additional training hours in order to renew an active license,
  817  beyond the required total amount of training within the
  818  timeframe prescribed by law at the time she or he was licensed.
  819         Section 18. Subsection (2) of section 493.6304, Florida
  820  Statutes, is amended to read:
  821         493.6304 Security officer school or training facility.—
  822         (2) The application shall be signed and verified by the
  823  applicant under oath as provided in s. 92.525 notarized and
  824  shall contain, at a minimum, the following information:
  825         (a) The name and address of the school or training facility
  826  and, if the applicant is an individual, her or his name,
  827  address, and social security or alien registration number.
  828         (b) The street address of the place at which the training
  829  is to be conducted.
  830         (c) A copy of the training curriculum and final examination
  831  to be administered.
  832         Section 19. Subsections (7) and (8) of section 493.6401,
  833  Florida Statutes, are amended to read:
  834         493.6401 Classes of licenses.—
  835         (7) Any person who operates a recovery agent repossessor
  836  school or training facility or who conducts an Internet-based
  837  training course or a correspondence training course must have a
  838  Class “RS” license.
  839         (8) Any individual who teaches or instructs at a Class “RS”
  840  recovery agent repossessor school or training facility shall
  841  have a Class “RI” license.
  842         Section 20. Paragraphs (f) and (g) of subsection (1) and
  843  subsection (3) of section 493.6402, Florida Statutes, are
  844  amended to read:
  845         493.6402 Fees.—
  846         (1) The department shall establish by rule biennial license
  847  fees which shall not exceed the following:
  848         (f) Class “RS” license—recovery agent repossessor school or
  849  training facility: $60.
  850         (g) Class “RI” license—recovery agent repossessor school or
  851  training facility instructor: $60.
  852         (3) The fees set forth in this section must be paid by
  853  certified check or money order, or, at the discretion of the
  854  department, by agency check at the time the application is
  855  approved, except that the applicant for a Class “E,” Class “EE,”
  856  or Class “MR” license must pay the license fee at the time the
  857  application is made. If a license is revoked or denied, or if an
  858  application is withdrawn, the license fee shall not be refunded.
  859         Section 21. Section 493.6406, Florida Statutes, is amended
  860  to read:
  861         493.6406 Recovery agent Repossession services school or
  862  training facility.—
  863         (1) Any school, training facility, or instructor who offers
  864  the training outlined in s. 493.6403(2) for Class “E” or Class
  865  “EE” applicants shall, before licensure of such school, training
  866  facility, or instructor, file with the department an application
  867  accompanied by an application fee in an amount to be determined
  868  by rule, not to exceed $60. The fee shall not be refundable.
  869  This training may be offered as face-to-face training, Internet
  870  based training, or correspondence training.
  871         (2) The application shall be signed and verified by the
  872  applicant under oath as provided in s. 92.525 notarized and
  873  shall contain, at a minimum, the following information:
  874         (a) The name and address of the school or training facility
  875  and, if the applicant is an individual, his or her name,
  876  address, and social security or alien registration number.
  877         (b) The street address of the place at which the training
  878  is to be conducted or the street address of the Class “RS”
  879  school offering Internet-based or correspondence training.
  880         (c) A copy of the training curriculum and final examination
  881  to be administered.
  882         (3) The department shall adopt rules establishing the
  883  criteria for approval of schools, training facilities, and
  884  instructors.
  885         Section 22. Section 500.033, Florida Statutes, is amended
  886  to read:
  887         500.033 Florida Food Safety and Food Defense Advisory
  888  Council.—
  889         (1) There is created the Florida Food Safety and Food
  890  Defense Advisory Council for the purpose of serving as a forum
  891  for presenting, investigating, and evaluating issues of current
  892  importance to the assurance of a safe and secure food supply to
  893  the citizens of Florida. The Florida Food Safety and Food
  894  Defense Advisory Council shall consist of, but not be limited
  895  to: the Commissioner of Agriculture or his or her designee; the
  896  State Surgeon General or his or her designee; the Secretary of
  897  Business and Professional Regulation or his or her designee; the
  898  person responsible for domestic security with the Department of
  899  Law Enforcement; members representing the production,
  900  processing, distribution, and sale of foods; members
  901  representing small farmers; consumers or members of citizens
  902  groups; representatives of food industry groups; scientists or
  903  other experts in aspects of food safety from state universities;
  904  representatives from local, state, and federal agencies that are
  905  charged with responsibilities for food safety or food defense;
  906  the chairs of the Agriculture Committees of the Senate and the
  907  House of Representatives or their designees; and the chairs of
  908  the committees of the Senate and the House of Representatives
  909  with jurisdictional oversight of home defense issues or their
  910  designees. The Commissioner of Agriculture shall appoint the
  911  remaining members. The council shall make periodic reports to
  912  the Department of Agriculture and Consumer Services concerning
  913  findings and recommendations in the area of food safety and food
  914  defense.
  915         (2) The council shall consider the development of
  916  appropriate advice or recommendations on food safety or food
  917  defense issues. In the discharge of their duties, the council
  918  members may receive for review confidential data exempt from the
  919  provisions of s. 119.07(1); however, it is unlawful for any
  920  member of the council to use the data for his or her advantage
  921  or reveal the data to the general public.
  922         Section 23. Paragraph (a) of subsection (2) of section
  923  501.605, Florida Statutes, is amended to read:
  924         501.605 Licensure of commercial telephone sellers.—
  925         (2) An applicant for a license as a commercial telephone
  926  seller must submit to the department, in such form as it
  927  prescribes, a written application for the license. The
  928  application must set forth the following information:
  929         (a) The true name, date of birth, driver’s license number,
  930  social security number, and home address of the applicant,
  931  including each name under which he or she intends to do
  932  business.
  933  
  934  The application shall be accompanied by a copy of any: Script,
  935  outline, or presentation the applicant will require or suggest a
  936  salesperson to use when soliciting, or, if no such document is
  937  used, a statement to that effect; sales information or
  938  literature to be provided by the applicant to a salesperson; and
  939  sales information or literature to be provided by the applicant
  940  to a purchaser in connection with any solicitation.
  941         Section 24. Paragraph (a) of subsection (1) of section
  942  501.607, Florida Statutes, is amended to read:
  943         501.607 Licensure of salespersons.—
  944         (1) An applicant for a license as a salesperson must submit
  945  to the department, in such form as it prescribes, a written
  946  application for a license. The application must set forth the
  947  following information:
  948         (a) The true name, date of birth, driver’s license number,
  949  social security number, and home address of the applicant.
  950         Section 25. Subsection (2) of section 501.913, Florida
  951  Statutes, is amended to read:
  952         501.913 Registration.—
  953         (2) The completed application shall be accompanied by:
  954         (a) Specimens or facsimiles of the label for each brand of
  955  antifreeze;
  956         (b) An application fee of $200 for each brand; and
  957         (c) A properly labeled sample of at least 1 gallon, but not
  958  more than 2 gallons, of each brand of antifreeze.
  959         Section 26. Subsection (2) of section 525.01, Florida
  960  Statutes, is amended to read:
  961         525.01 Gasoline and oil to be inspected.—
  962         (2) All petroleum fuels are shall be subject to inspection
  963  and analysis by the department. Before selling or offering for
  964  sale in this state any petroleum fuel, all manufacturers,
  965  terminal suppliers, wholesalers, and importers as defined in s.
  966  206.01 jobbers shall file with the department:
  967         (a) An affidavit stating that they desire to do business in
  968  this state, and the name and address of the manufacturer of the
  969  petroleum fuel.
  970         (b) An affidavit stating that the petroleum fuel is in
  971  conformity with the standards prescribed by department rule.
  972         Section 27. Subsections (1) and (3) of section 525.09,
  973  Florida Statutes, are amended to read:
  974         525.09 Inspection fee.—
  975         (1) For the purpose of defraying the expenses incident to
  976  inspecting, testing, and analyzing petroleum fuels in this
  977  state, there shall be paid to the department a charge of one
  978  eighth cent per gallon on all gasoline, alternative fuel
  979  containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
  980  kerosene (except when used as aviation turbine fuel), and #1
  981  fuel oil for sale or use in this state. This inspection fee
  982  shall be imposed in the same manner as the motor fuel tax
  983  pursuant to s. 206.41. Payment shall be made on or before the
  984  25th day of each month.
  985         (3) All remittances to the department for the inspection
  986  tax herein provided shall be accompanied by a detailed report
  987  under oath showing the number of gallons of gasoline,
  988  alternative fuel containing alcohol as defined in s.
  989  525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
  990  in each county.
  991         Section 28. Section 526.50, Florida Statutes, is amended to
  992  read:
  993         526.50 Definition of terms.—As used in this part:
  994         (1) “Brake fluid” means the fluid intended for use as the
  995  liquid medium through which force is transmitted in the
  996  hydraulic brake system of a vehicle operated upon the highways.
  997         (2) “Brand” means the product name appearing on the label
  998  of a container of brake fluid.
  999         (3) “Container” means any receptacle in which brake fluid
 1000  is immediately contained when sold, but does not mean a carton
 1001  or wrapping in which a number of such receptacles are shipped or
 1002  stored or a tank car or truck.
 1003         (4)(2) “Department” means the Department of Agriculture and
 1004  Consumer Services.
 1005         (5) “Formula” means the name of the chemical mixture or
 1006  composition of the brake fluid product.
 1007         (6) “Labeling” includes all written, printed or graphic
 1008  representations, in any form whatsoever, imprinted upon or
 1009  affixed to any container of brake fluid.
 1010         (7) “Permit year” means a period of 12 months commencing
 1011  July 1 and ending on the next succeeding June 30.
 1012         (8) “Registrant” means any manufacturer, packer,
 1013  distributor, seller, or other person who has registered a brake
 1014  fluid with the department.
 1015         (9)(3) “Sell” includes give, distribute, barter, exchange,
 1016  trade, keep for sale, offer for sale or expose for sale, in any
 1017  of their variant forms.
 1018         (4)“Labeling” includes all written, printed or graphic
 1019  representations, in any form whatsoever, imprinted upon or
 1020  affixed to any container of brake fluid.
 1021         (5)“Container” means any receptacle in which brake fluid
 1022  is immediately contained when sold, but does not mean a carton
 1023  or wrapping in which a number of such receptacles are shipped or
 1024  stored or a tank car or truck.
 1025         (6)“Permit year” means a period of 12 months commencing
 1026  July 1 and ending on the next succeeding June 30.
 1027         (7)“Registrant” means any manufacturer, packer,
 1028  distributor, seller, or other person who has registered a brake
 1029  fluid with the department.
 1030         Section 29. Section 526.51, Florida Statutes, is amended to
 1031  read:
 1032         526.51 Registration; renewal and fees; departmental
 1033  expenses; cancellation or refusal to issue or renew.—
 1034         (1)(a) Application for registration of each brand of brake
 1035  fluid shall be made on forms to be supplied by the department.
 1036  The applicant shall give his or her name and address and the
 1037  brand name of the brake fluid, state that he or she owns the
 1038  brand name and has complete control over the product sold
 1039  thereunder in Florida, and provide the name and address of the
 1040  resident agent in Florida. If the applicant does not own the
 1041  brand name but wishes to register the product with the
 1042  department, a notarized affidavit that gives the applicant full
 1043  authorization to register the brand name and that is signed by
 1044  the owner of the brand name must accompany the application for
 1045  registration. The affidavit must include all affected brand
 1046  names, the owner’s company or corporate name and address, the
 1047  applicant’s company or corporate name and address, and a
 1048  statement from the owner authorizing the applicant to register
 1049  the product with the department. The owner of the brand name
 1050  shall maintain complete control over each product sold under
 1051  that brand name in this state. All first-time brand-formula
 1052  combination new product applications must be accompanied by a
 1053  certified report from an independent testing laboratory, setting
 1054  forth the analysis of the brake fluid which shall show its
 1055  quality to be not less than the specifications established by
 1056  the department for brake fluids. A sample of not less than 24
 1057  fluid ounces of brake fluid shall be submitted, in a container
 1058  or containers, with labels representing exactly how the
 1059  containers of brake fluid will be labeled when sold, and the
 1060  sample and container shall be analyzed and inspected by the
 1061  Division of Standards in order that compliance with the
 1062  department’s specifications and labeling requirements may be
 1063  verified. Upon approval of the application, the department shall
 1064  register the brand name of the brake fluid and issue to the
 1065  applicant a permit authorizing the registrant to sell the brake
 1066  fluid in this state during the permit year specified in the
 1067  permit.
 1068         (b) Each applicant shall pay a fee of $100 with each
 1069  application. A permit may be renewed by application to the
 1070  department, accompanied by a renewal fee of $50 on or before the
 1071  last day of the permit year immediately preceding the permit
 1072  year for which application is made for renewal of registration.
 1073  To any fee not paid when due, there shall accrue a penalty of
 1074  $25, which shall be added to the renewal fee. Renewals will be
 1075  accepted only on brake fluids that have no change in formula,
 1076  composition, or brand name. Any change in formula, composition,
 1077  or brand name of any brake fluid constitutes a new product that
 1078  must be registered in accordance with this part.
 1079         (2) All fees collected under the provisions of this section
 1080  shall be credited to the General Inspection Trust Fund of the
 1081  department and all expenses incurred in the enforcement of this
 1082  part shall be paid from said fund.
 1083         (3) The department may cancel, refuse to issue or refuse to
 1084  renew any registration and permit after due notice and
 1085  opportunity to be heard if it finds that the brake fluid is
 1086  adulterated or misbranded or that the registrant has failed to
 1087  comply with the provisions of this part or the rules and
 1088  regulations promulgated thereunder.
 1089         Section 30. Paragraph (a) of subsection (3) of section
 1090  526.52, Florida Statutes, is amended to read:
 1091         526.52 Specifications; adulteration and misbranding.—
 1092         (3) Brake fluid is deemed to be misbranded:
 1093         (a) If its container does not bear on its side or top a
 1094  label on which is printed the name and place of business of the
 1095  registrant of the product, the words “brake fluid,” and a
 1096  statement that the product therein equals or exceeds the minimum
 1097  specification of the Society of Automotive Engineers for heavy
 1098  duty-type brake fluid or equals or exceeds Federal Motor Vehicle
 1099  Safety Standard No. 116 adopted by the United States Department
 1100  of Transportation, heavy-duty-type. By regulation the department
 1101  may require that the duty-type classification appear on the
 1102  label.
 1103         Section 31. Subsection (2) of section 526.53, Florida
 1104  Statutes, is amended to read:
 1105         526.53 Enforcement; inspection and analysis, stop-sale and
 1106  disposition, regulations.—
 1107         (2)(a) When any brake fluid is sold in violation of any of
 1108  the provisions of this part, all such affected brake fluid of
 1109  the same brand name on the same premises on which the violation
 1110  occurred shall be placed under a stop-sale order by the
 1111  department by serving the owner of the brand name, distributor,
 1112  or other entity responsible for selling or distributing the
 1113  product in the state with the stop-sale order. The department
 1114  shall withdraw its stop-sale order upon the removal of the
 1115  violation or upon voluntary destruction of the product, or other
 1116  disposal approved by the department, under the supervision of
 1117  the department.
 1118         (b) In addition to being subject to the stop-sale
 1119  procedures above, unregistered brake fluid shall be held by the
 1120  department or its representative, at a place to be designated in
 1121  the stop-sale order, until properly registered and released in
 1122  writing by the department or its representative. If application
 1123  is has not been made for registration of the such product within
 1124  30 days after issue of the stop-sale order, such product shall
 1125  be disposed of by the department, or, with the department’s
 1126  consent, by the business, to any tax-supported institution or
 1127  agency of the state if the brake fluid meets legal
 1128  specifications or by other disposal authorized by rule of the
 1129  department if it fails to meet legal specifications.
 1130         Section 32. Subsections (1) and (3) and paragraphs (a) and
 1131  (c) of subsection (5) of section 527.0201, Florida Statutes, are
 1132  amended to read:
 1133         527.0201 Qualifiers; master qualifiers; examinations.—
 1134         (1) In addition to the requirements of s. 527.02, any
 1135  person applying for a license to engage in the activities of a
 1136  pipeline system operator, category I liquefied petroleum gas
 1137  dealer, category II liquefied petroleum gas dispenser, category
 1138  IV liquefied petroleum gas dispenser and recreational vehicle
 1139  servicer, category V liquefied petroleum gases dealer for
 1140  industrial uses only, LP gas installer, specialty installer,
 1141  requalifier requalification of cylinders, or fabricator,
 1142  repairer, and tester of vehicles and cargo tanks must prove
 1143  competency by passing a written examination administered by the
 1144  department or its agent with a grade of at least 75 percent in
 1145  each area tested or above. Each applicant for examination shall
 1146  submit a $20 nonrefundable fee. The department shall by rule
 1147  specify the general areas of competency to be covered by each
 1148  examination and the relative weight to be assigned in grading
 1149  each area tested.
 1150         (3) Qualifier cards issued to category I liquefied
 1151  petroleum gas dealers and liquefied petroleum gas installers
 1152  shall expire 3 years after the date of issuance. All category I
 1153  liquefied petroleum gas dealer qualifiers and liquefied
 1154  petroleum gas installer qualifiers holding a valid qualifier
 1155  card upon the effective date of this act shall retain their
 1156  qualifier status until July 1, 2003, and may sit for the master
 1157  qualifier examination at any time during that time period. All
 1158  such category I liquefied petroleum gas dealer qualifiers and
 1159  liquefied petroleum gas installer qualifiers may renew their
 1160  qualification on or before July 1, 2003, upon application to the
 1161  department, payment of a $20 renewal fee, and documentation of
 1162  the completion of a minimum of 16 12 hours of approved
 1163  continuing education courses, as defined by department rule,
 1164  during the previous 3-year period. Applications for renewal must
 1165  be made 30 calendar days prior to expiration. Persons failing to
 1166  renew prior to the expiration date must reapply and take a
 1167  qualifier competency examination in order to reestablish
 1168  category I liquefied petroleum gas dealer qualifier and
 1169  liquefied petroleum gas installer qualifier status. If a
 1170  category I liquefied petroleum gas qualifier or liquefied
 1171  petroleum gas installer qualifier becomes a master qualifier at
 1172  any time during the effective date of the qualifier card, the
 1173  card shall remain in effect until expiration of the master
 1174  qualifier certification.
 1175         (5) In addition to all other licensing requirements, each
 1176  category I liquefied petroleum gas dealer and liquefied
 1177  petroleum gas installer must, at the time of application for
 1178  licensure, identify to the department one master qualifier who
 1179  is a full-time employee at the licensed location. This person
 1180  shall be a manager, owner, or otherwise primarily responsible
 1181  for overseeing the operations of the licensed location and must
 1182  provide documentation to the department as provided by rule. The
 1183  master qualifier requirement shall be in addition to the
 1184  requirements of subsection (1).
 1185         (a) In order to apply for certification as a master
 1186  qualifier, each applicant must be a category I liquefied
 1187  petroleum gas dealer qualifier or liquefied petroleum gas
 1188  installer qualifier, must be employed by a licensed category I
 1189  liquefied petroleum gas dealer, liquefied petroleum gas
 1190  installer, or applicant for such license, must provide
 1191  documentation of a minimum of 1 year’s work experience in the
 1192  gas industry, and must pass a master qualifier competency
 1193  examination. Master qualifier examinations shall be based on
 1194  Florida’s laws, rules, and adopted codes governing liquefied
 1195  petroleum gas safety, general industry safety standards, and
 1196  administrative procedures. The examination must be successfully
 1197  passed completed by the applicant with a grade of at least 75
 1198  percent or more. Each applicant for master qualifier status
 1199  shall submit to the department a nonrefundable $30 examination
 1200  fee prior to the examination.
 1201         (c) Master qualifier status shall expire 3 years after the
 1202  date of issuance of the certificate and may be renewed by
 1203  submission to the department of documentation of completion of
 1204  at least 16 12 hours of approved continuing education courses
 1205  during the 3-year period; proof of employment with a licensed
 1206  category I liquefied petroleum gas dealer, liquefied petroleum
 1207  gas installer, or applicant; and a $30 certificate renewal fee.
 1208  The department shall define, by rule, approved courses of
 1209  continuing education.
 1210         Section 33. Section 527.12, Florida Statutes, is amended to
 1211  read:
 1212         527.12 Cease and desist orders; stop-use orders; stop
 1213  operation orders; stop-sale orders; administrative fines.—
 1214         (1) Whenever the department has shall have reason to
 1215  believe that any person is violating or has violated been
 1216  violating provisions of this chapter or any rules adopted under
 1217  this chapter pursuant thereto, the department it may issue a
 1218  cease and desist order, or impose a civil penalty, or do both
 1219  may issue such cease and desist order and impose a civil
 1220  penalty.
 1221         (2) Whenever a person or liquefied petroleum gas system or
 1222  storage facility, or any part or component thereof, fails to
 1223  comply with this chapter or any rules adopted under this
 1224  chapter, the department may issue a stop-use order, stop
 1225  operation order, or stop-sale order.
 1226         Section 34. Subsection (1) of section 559.805, Florida
 1227  Statutes, is amended to read:
 1228         559.805 Filings with the department; disclosure of
 1229  advertisement identification number.—
 1230         (1) Every seller of a business opportunity shall annually
 1231  file with the department a copy of the disclosure statement
 1232  required by s. 559.803 before prior to placing an advertisement
 1233  or making any other representation designed to offer to, sell
 1234  to, or solicit an offer to buy a business opportunity from a
 1235  prospective purchaser in this state and shall update this filing
 1236  by reporting any material change in the required information
 1237  within 30 days after the material change occurs. An
 1238  advertisement is not placed in the state merely because the
 1239  publisher circulates, or there is circulated on his or her
 1240  behalf in the state, any bona fide newspaper or other
 1241  publication of general, regular, and paid circulation which has
 1242  had more than two-thirds of its circulation during the past 12
 1243  months outside the state or because a radio or television
 1244  program originating outside the state is received in the state.
 1245  If the seller is required by s. 559.807 to provide a bond or
 1246  establish a trust account or guaranteed letter of credit, he or
 1247  she shall contemporaneously file with the department a copy of
 1248  the bond, a copy of the formal notification by the depository
 1249  that the trust account is established, or a copy of the
 1250  guaranteed letter of credit. Every seller of a business
 1251  opportunity shall file with the department a list of independent
 1252  agents who will engage in the offer or sale of business
 1253  opportunities on behalf of the seller in this state. This list
 1254  must be kept current and shall include the following
 1255  information: name, home and business address, telephone number,
 1256  present employer, social security number, and birth date. A No
 1257  person may not shall be allowed to offer or sell business
 1258  opportunities unless the required information is has been
 1259  provided to the department.
 1260         Section 35. Subsection (3) of section 559.928, Florida
 1261  Statutes, is amended to read:
 1262         559.928 Registration.—
 1263         (3) Each independent agent shall annually file an affidavit
 1264  with the department before prior to engaging in business in this
 1265  state. This affidavit must include the independent agent’s full
 1266  name, legal business or trade name, mailing address, business
 1267  address, telephone number, social security number, and the name
 1268  or names and addresses of each seller of travel represented by
 1269  the independent agent. A letter evidencing proof of filing must
 1270  be issued by the department and must be prominently displayed in
 1271  the independent agent’s primary place of business. Each
 1272  independent agent must also submit an annual registration fee of
 1273  $50. All moneys collected pursuant to the imposition of the fee
 1274  shall be deposited by the Chief Financial Officer into the
 1275  General Inspection Trust Fund of the Department of Agriculture
 1276  and Consumer Services for the sole purpose of administrating
 1277  this part. As used in this subsection, the term “independent
 1278  agent” means a person who represents a seller of travel by
 1279  soliciting persons on its behalf; who has a written contract
 1280  with a seller of travel which is operating in compliance with
 1281  this part and any rules adopted thereunder; who does not receive
 1282  a fee, commission, or other valuable consideration directly from
 1283  the purchaser for the seller of travel; who does not at any time
 1284  have any unissued ticket stock or travel documents in his or her
 1285  possession; and who does not have the ability to issue tickets,
 1286  vacation certificates, or any other travel document. The term
 1287  “independent agent” does not include an affiliate of the seller
 1288  of travel, as that term is used in s. 559.935(3), or the
 1289  employees of the seller of travel or of such affiliates.
 1290         Section 36. Subsection (7) of section 570.0725, Florida
 1291  Statutes, is amended to read:
 1292         570.0725 Food recovery; legislative intent; department
 1293  functions.—
 1294         (7) For public information purposes, the department may
 1295  shall develop and provide a public information brochure
 1296  detailing the need for food banks and similar of food recovery
 1297  programs, the benefit of such food recovery programs, the manner
 1298  in which such organizations may become involved in such food
 1299  recovery programs, and the protection afforded to such programs
 1300  under s. 768.136, and the food recovery entities or food banks
 1301  that exist in the state. This brochure must be updated annually.
 1302  A food bank or similar food recovery organization seeking to be
 1303  included on a list of such organizations must notify the
 1304  department and provide the information required by rule of the
 1305  department. Such organizations are responsible for updating the
 1306  information and providing the updated information to the
 1307  department. The department may adopt rules to implement this
 1308  section.
 1309         Section 37. Paragraph (e) of subsection (6) of section
 1310  570.53, Florida Statutes, is amended to read:
 1311         570.53 Division of Marketing and Development; powers and
 1312  duties.—The powers and duties of the Division of Marketing and
 1313  Development include, but are not limited to:
 1314         (6)
 1315         (e) Extending in every practicable way the distribution and
 1316  sale of Florida agricultural products throughout the markets of
 1317  the world as required of the department by s. ss. 570.07(7),
 1318  (8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
 1319         Section 38. Subsection (2) of section 570.54, Florida
 1320  Statutes, is amended to read:
 1321         570.54 Director; duties.—
 1322         (2) It shall be the duty of the director of this division
 1323  to supervise, direct, and coordinate the activities authorized
 1324  by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
 1325  (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
 1326  chapters 504, 571, 573, and 574 and to exercise other powers and
 1327  authority as authorized by the department.
 1328         Section 39. Subsection (4) of section 570.55, Florida
 1329  Statutes, is amended to read:
 1330         570.55 Identification of sellers or handlers of tropical or
 1331  subtropical fruit and vegetables; containers specified;
 1332  penalties.—
 1333         (4) IDENTIFICATION OF HANDLER.—At the time of each
 1334  transaction involving the handling or sale of 55 pounds or more
 1335  of tropical or subtropical fruit or vegetables in the primary
 1336  channel of trade, the buyer or receiver of the tropical or
 1337  subtropical fruit or vegetables shall demand a bill of sale,
 1338  invoice, sales memorandum, or other document listing the date of
 1339  the transaction, the quantity of the tropical or subtropical
 1340  fruit or vegetables involved in the transaction, and the
 1341  identification of the seller or handler as it appears on the
 1342  driver’s license of the seller or handler, including the
 1343  driver’s license number. If the seller or handler does not
 1344  possess a driver’s license, the buyer or receiver shall use any
 1345  other acceptable means of identification, which may include, but
 1346  is not limited to, i.e., voter’s registration card and number,
 1347  draft card, social security card, or other identification.
 1348  However, no less than two identification documents shall be
 1349  used. The identification of the seller or handler shall be
 1350  recorded on the bill of sale, sales memorandum, invoice, or
 1351  voucher, which shall be retained by the buyer or receiver for a
 1352  period of not less than 1 year from the date of the transaction.
 1353         Section 40. Subsection (3) of section 570.902, Florida
 1354  Statutes, is amended to read:
 1355         570.902 Definitions; ss. 570.902 and 570.903.—For the
 1356  purpose of ss. 570.902 and 570.903:
 1357         (3) “Museum” means the Florida Agricultural Museum which is
 1358  designated as the museum for agriculture and rural history of
 1359  the State of Florida.
 1360         Section 41. Section 570.903, Florida Statutes, is amended
 1361  to read:
 1362         570.903 Direct-support organization.—
 1363         (1) When the Legislature authorizes the establishment of a
 1364  direct-support organization to provide assistance for the
 1365  museums, the Florida Agriculture in the Classroom Program, the
 1366  Florida State Collection of Arthropods, the Friends of the
 1367  Florida State Forests Program of the Division of Forestry, and
 1368  the Forestry Arson Alert Program, and other programs of the
 1369  department, the following provisions shall govern the creation,
 1370  use, powers, and duties of the direct-support organization.
 1371         (a) The department shall enter into a memorandum or letter
 1372  of agreement with the direct-support organization, which shall
 1373  specify the approval of the department, the powers and duties of
 1374  the direct-support organization, and rules with which the
 1375  direct-support organization shall comply.
 1376         (b) The department may permit, without charge, appropriate
 1377  use of property, facilities, and personnel of the department by
 1378  a direct-support organization, subject to the provisions of ss.
 1379  570.902 and 570.903. The use shall be directly in keeping with
 1380  the approved purposes of the direct-support organization and
 1381  shall not be made at times or places that would unreasonably
 1382  interfere with opportunities for the general public to use
 1383  department facilities for established purposes.
 1384         (c) The department shall prescribe by contract or by rule
 1385  conditions with which a direct-support organization shall comply
 1386  in order to use property, facilities, or personnel of the
 1387  department or museum. Such rules shall provide for budget and
 1388  audit review and oversight by the department.
 1389         (d) The department shall not permit the use of property,
 1390  facilities, or personnel of the museum, department, or
 1391  designated program by a direct-support organization which does
 1392  not provide equal employment opportunities to all persons
 1393  regardless of race, color, religion, sex, age, or national
 1394  origin.
 1395         (2)(a) The direct-support organization shall be empowered
 1396  to conduct programs and activities; raise funds; request and
 1397  receive grants, gifts, and bequests of money; acquire, receive,
 1398  hold, invest, and administer, in its own name, securities,
 1399  funds, objects of value, or other property, real or personal;
 1400  and make expenditures to or for the direct or indirect benefit
 1401  of the museum or designated program.
 1402         (b) Notwithstanding the provisions of s. 287.057, the
 1403  direct-support organization may enter into contracts or
 1404  agreements with or without competitive bidding for the
 1405  restoration of objects, historical buildings, and other
 1406  historical materials or for the purchase of objects, historical
 1407  buildings, and other historical materials which are to be added
 1408  to the collections of the museum, or benefit of the designated
 1409  program. However, before the direct-support organization may
 1410  enter into a contract or agreement without competitive bidding,
 1411  the direct-support organization shall file a certification of
 1412  conditions and circumstances with the internal auditor of the
 1413  department justifying each contract or agreement.
 1414         (c) Notwithstanding the provisions of s. 287.025(1)(e), the
 1415  direct-support organization may enter into contracts to insure
 1416  property of the museum or designated programs and may insure
 1417  objects or collections on loan from others in satisfying
 1418  security terms of the lender.
 1419         (3) The direct-support organization shall provide for an
 1420  annual financial audit in accordance with s. 215.981.
 1421         (4) Neither a designated program or a museum, nor a
 1422  nonprofit corporation trustee or employee may:
 1423         (a) Receive a commission, fee, or financial benefit in
 1424  connection with the sale or exchange of property historical
 1425  objects or properties to the direct-support organization, the
 1426  museum, or the designated program; or
 1427         (b) Be a business associate of any individual, firm, or
 1428  organization involved in the sale or exchange of property to the
 1429  direct-support organization, the museum, or the designated
 1430  program.
 1431         (5) All moneys received by the direct-support organization
 1432  shall be deposited into an account of the direct-support
 1433  organization and shall be used by the organization in a manner
 1434  consistent with the goals of the museum or designated program.
 1435         (6) The identity of a donor or prospective donor who
 1436  desires to remain anonymous and all information identifying such
 1437  donor or prospective donor are confidential and exempt from the
 1438  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1439  Constitution.
 1440         (7) The Commissioner of Agriculture, or the commissioner’s
 1441  designee, may serve on the board of trustees and the executive
 1442  committee of any direct-support organization established to
 1443  benefit the museum or any designated program.
 1444         (8) The department shall establish by rule archival
 1445  procedures relating to museum artifacts and records. The rules
 1446  shall provide procedures which protect the museum’s artifacts
 1447  and records equivalent to those procedures which have been
 1448  established by the Department of State under chapters 257 and
 1449  267.
 1450         Section 42. Subsection (4) of section 573.118, Florida
 1451  Statutes, is amended to read:
 1452         573.118 Assessment; funds; audit; loans.—
 1453         (4) In the event of levying and collecting of assessments,
 1454  for each fiscal year in which assessment funds are received by
 1455  the department, the department shall maintain records of
 1456  collections and expenditures for each marketing order separately
 1457  within the state’s accounting system. If requested by an
 1458  advisory council, department staff shall cause to be made a
 1459  thorough annual audit of the books and accounts by a certified
 1460  public accountant, such audit to be completed within 60 days
 1461  after the request is received end of the fiscal year. The
 1462  advisory council department and all producers and handlers
 1463  covered by the marketing order shall be provided a copy of the
 1464  properly advised of the details of the annual official audit of
 1465  the accounts as shown by the certified public accountant within
 1466  30 days after completion of the audit.
 1467         Section 43. Subsections (18) through (30) of section
 1468  581.011, Florida Statutes, are renumbered as subsections (17)
 1469  through (29), respectively, and present subsections (17) and
 1470  (20) of that section are amended to read:
 1471         581.011 Definitions.—As used in this chapter:
 1472         (17) “Museum” means the Florida State Collection of
 1473  Arthropods.
 1474         (19)(20) “Nursery” means any grounds or premises on or in
 1475  which nursery stock is grown, propagated, or held for sale or
 1476  distribution, including except where aquatic plant species are
 1477  tended for harvest in the natural environment.
 1478         Section 44. Paragraph (a) of subsection (3) of section
 1479  581.211, Florida Statutes, is amended to read:
 1480         581.211 Penalties for violations.—
 1481         (3)(a)1. In addition to any other provision of law, the
 1482  department may, after notice and hearing, impose an
 1483  administrative fine not exceeding $10,000 $5,000 for each
 1484  violation of this chapter, upon any person, nurseryman, stock
 1485  dealer, agent or plant broker. The fine, when paid, shall be
 1486  deposited in the Plant Industry Trust Fund. In addition, the
 1487  department may place the violator on probation for up to 1 year,
 1488  with conditions.
 1489         2. The imposition of a fine or probation pursuant to this
 1490  subsection may be in addition to or in lieu of the suspension or
 1491  revocation of a certificate of registration or certificate of
 1492  inspection.
 1493         Section 45. Section 583.13, Florida Statutes, is amended to
 1494  read:
 1495         583.13 Labeling and advertising requirements for dressed
 1496  poultry; unlawful acts.—
 1497         (1) It is unlawful for any dealer or broker to sell, offer
 1498  for sale, or hold for the purpose of sale in the state any
 1499  dressed or ready-to-cook poultry in bulk unless the such poultry
 1500  is packed in a container clearly bearing a label, not less than
 1501  3 inches by 5 inches, on which shall be plainly and legibly
 1502  printed, in letters of not less than 1/4 inch high in height,
 1503  the grade and the part name or whole-bird statement of such
 1504  poultry. The grade may be expressed in the term “premium,”
 1505  “good,” or “standard,” or as the grade of another state or
 1506  federal agency the standards of quality of which, by law, are
 1507  equal to the standards of quality provided by this law and rules
 1508  promulgated hereunder.
 1509         (2) It is unlawful to sell unpackaged dressed or ready-to
 1510  cook poultry at retail unless such poultry is labeled by a
 1511  placard immediately adjacent to the poultry or unless each bird
 1512  is individually labeled to show the grade and the part name or
 1513  whole-bird statement. The placard shall be no smaller than 7
 1514  inches by 7 inches in size, and the required labeling
 1515  information shall be legibly and plainly printed on the placard
 1516  in letters not smaller than 1 inch in height.
 1517         (3) It is unlawful to sell packaged dressed or ready-to
 1518  cook poultry at retail unless such poultry is labeled to show
 1519  the grade, the part name or whole-bird statement, the net weight
 1520  of the poultry, and the name and address of the dealer. The size
 1521  of the type on the label must be one-eighth inch or larger. A
 1522  placard immediately adjacent to such poultry may be used to
 1523  indicate the grade and the part name or whole-bird statement,
 1524  but not the net weight of the poultry or the name and address of
 1525  the dealer.
 1526         (4) It is unlawful to use dressed or ready-to-cook poultry
 1527  in bulk in the preparation of food served to the public, or to
 1528  hold such poultry for the purpose of such use, unless the
 1529  poultry when received was packed in a container clearly bearing
 1530  a label, not less than 3 inches by 5 inches, on which was
 1531  plainly and legibly printed, in letters not less than 1/4 one
 1532  fourth inch high in height, the grade and the part name or
 1533  whole-bird statement of such poultry. The grade may be expressed
 1534  in the term “premium,” “good,” or “standard,” or as the grade of
 1535  another state or federal agency the standards of quality of
 1536  which, by law, are equal to the standards of quality provided by
 1537  this law and rules promulgated hereunder.
 1538         (5) It is unlawful to offer dressed or ready-to-cook
 1539  poultry for sale in any advertisement in a newspaper or
 1540  circular, on radio or television, or in any other form of
 1541  advertising without plainly designating in such advertisement
 1542  the grade and the part name or whole-bird statement of such
 1543  poultry.
 1544         Section 46. Subsection (1) of section 585.61, Florida
 1545  Statutes, is amended to read:
 1546         585.61 Animal disease diagnostic laboratories.—
 1547         (1) There is hereby created and established an animal
 1548  disease diagnostic laboratory in Osceola County and Suwannee
 1549  County. The laboratory complex in Osceola County is designated
 1550  as “The Bronson Animal Disease Diagnostic Laboratory.”
 1551         Section 47. Section 590.125, Florida Statutes, is amended
 1552  to read:
 1553         590.125 Open burning authorized by the division.—
 1554         (1) DEFINITIONS.—As used in this section, the term:
 1555         (a) “Certified pile burner” means an individual who
 1556  successfully completes the division’s pile burning certification
 1557  program and possesses a valid pile burner certification number.
 1558         (a)“Prescribed burning” means the controlled application
 1559  of fire in accordance with a written prescription for vegetative
 1560  fuels under specified environmental conditions while following
 1561  appropriate precautionary measures that ensure that the fire is
 1562  confined to a predetermined area to accomplish the planned fire
 1563  or land-management objectives.
 1564         (b) “Certified prescribed burn manager” means an individual
 1565  who successfully completes the certified prescribed burning
 1566  certification program of the division and possesses a valid
 1567  certification number.
 1568         (c)“Prescription” means a written plan establishing the
 1569  criteria necessary for starting, controlling, and extinguishing
 1570  a prescribed burn.
 1571         (c)(d) “Extinguished” means: that no spreading flame
 1572         1. For wild land burning or certified prescribed burning,
 1573  that no spreading flames exist. and no visible flame, smoke, or
 1574  emissions
 1575         2. For vegetative land-clearing debris burning or pile
 1576  burning, that no visible flames exist.
 1577         3. For vegetative land-clearing debris burning or pile
 1578  burning in an area designated as smoke sensitive by the
 1579  division, that no visible flames, smoke, or emissions exist.
 1580         (d) “Land-clearing operation” means the uprooting or
 1581  clearing of vegetation in connection with the construction of
 1582  buildings and rights-of-way, land development, and mineral
 1583  operations. The term does not include the clearing of yard
 1584  trash.
 1585         (e) “Pile burning” means the burning of silvicultural,
 1586  agricultural, or land-clearing and tree-cutting debris
 1587  originating onsite, which is stacked together in a round or
 1588  linear fashion, including, but not limited to, a windrow.
 1589         (f) “Prescribed burning” means the controlled application
 1590  of fire in accordance with a written prescription for vegetative
 1591  fuels under specified environmental conditions while following
 1592  appropriate precautionary measures that ensure that the fire is
 1593  confined to a predetermined area to accomplish the planned fire
 1594  or land-management objectives.
 1595         (g) “Prescription” means a written plan establishing the
 1596  criteria necessary for starting, controlling, and extinguishing
 1597  a prescribed burn.
 1598         (h) “Yard trash” means vegetative matter resulting from
 1599  landscaping and yard maintenance operations and other such
 1600  routine property cleanup activities. The term includes materials
 1601  such as leaves, shrub trimmings, grass clippings, brush, and
 1602  palm fronds.
 1603         (2) NONCERTIFIED BURNING.—
 1604         (a) Persons may be authorized to burn wild land or
 1605  vegetative land-clearing debris in accordance with this
 1606  subsection if:
 1607         1. There is specific consent of the landowner or his or her
 1608  designee;
 1609         2. Authorization has been obtained from the division or its
 1610  designated agent before starting the burn;
 1611         3. There are adequate firebreaks at the burn site and
 1612  sufficient personnel and firefighting equipment for the control
 1613  of the fire;
 1614         4. The fire remains within the boundary of the authorized
 1615  area;
 1616         5. Someone is present at the burn site until the fire is
 1617  extinguished;
 1618         6. The division does not cancel the authorization; and
 1619         7. The division determines that air quality and fire danger
 1620  are favorable for safe burning.
 1621         (b) A person who burns wild land or vegetative land
 1622  clearing debris in a manner that violates any requirement of
 1623  this subsection commits a misdemeanor of the second degree,
 1624  punishable as provided in s. 775.082 or s. 775.083.
 1625         (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
 1626  PURPOSE.—
 1627         (a) The application of prescribed burning is a land
 1628  management tool that benefits the safety of the public, the
 1629  environment, and the economy of the state. The Legislature finds
 1630  that:
 1631         1. Prescribed burning reduces vegetative fuels within wild
 1632  land areas. Reduction of the fuel load reduces the risk and
 1633  severity of wildfire, thereby reducing the threat of loss of
 1634  life and property, particularly in urban areas.
 1635         2. Most of Florida’s natural communities require periodic
 1636  fire for maintenance of their ecological integrity. Prescribed
 1637  burning is essential to the perpetuation, restoration, and
 1638  management of many plant and animal communities. Significant
 1639  loss of the state’s biological diversity will occur if fire is
 1640  excluded from fire-dependent systems.
 1641         3. Forestland and rangeland constitute significant
 1642  economic, biological, and aesthetic resources of statewide
 1643  importance. Prescribed burning on forestland prepares sites for
 1644  reforestation, removes undesirable competing vegetation,
 1645  expedites nutrient cycling, and controls or eliminates certain
 1646  forest pathogens. On rangeland, prescribed burning improves the
 1647  quality and quantity of herbaceous vegetation necessary for
 1648  livestock production.
 1649         4. The state purchased hundreds of thousands of acres of
 1650  land for parks, preserves, wildlife management areas, forests,
 1651  and other public purposes. The use of prescribed burning for
 1652  management of public lands is essential to maintain the specific
 1653  resource values for which these lands were acquired.
 1654         5. A public education program is necessary to make citizens
 1655  and visitors aware of the public safety, resource, and economic
 1656  benefits of prescribed burning.
 1657         6. Proper training in the use of prescribed burning is
 1658  necessary to ensure maximum benefits and protection for the
 1659  public.
 1660         7. As Florida’s population continues to grow, pressures
 1661  from liability issues and nuisance complaints inhibit the use of
 1662  prescribed burning. Therefore, the division is urged to maximize
 1663  the opportunities for prescribed burning conducted during its
 1664  daytime and nighttime authorization process.
 1665         (b) Certified prescribed burning pertains only to broadcast
 1666  burning for purposes of silviculture, wildlife management,
 1667  ecological maintenance and restoration, hazardous fuels
 1668  reduction, and range and pasture management. It must be
 1669  conducted in accordance with this subsection and:
 1670         1. May be accomplished only when a certified prescribed
 1671  burn manager is present on site with a copy of the prescription
 1672  from ignition of the burn to its completion.
 1673         2. Requires that a written prescription be prepared before
 1674  receiving authorization to burn from the division.
 1675         3. Requires that the specific consent of the landowner or
 1676  his or her designee be obtained before requesting an
 1677  authorization.
 1678         4. Requires that an authorization to burn be obtained from
 1679  the division before igniting the burn.
 1680         5. Requires that there be adequate firebreaks at the burn
 1681  site and sufficient personnel and firefighting equipment for the
 1682  control of the fire.
 1683         6. Is considered to be in the public interest and does not
 1684  constitute a public or private nuisance when conducted under
 1685  applicable state air pollution statutes and rules.
 1686         7. Is considered to be a property right of the property
 1687  owner if vegetative fuels are burned as required in this
 1688  subsection.
 1689         (c) Neither a property owner nor his or her agent is liable
 1690  pursuant to s. 590.13 for damage or injury caused by the fire or
 1691  resulting smoke or considered to be in violation of subsection
 1692  (2) for burns conducted in accordance with this subsection
 1693  unless gross negligence is proven.
 1694         (d) Any certified burner who violates this section commits
 1695  a misdemeanor of the second degree, punishable as provided in s.
 1696  775.082 or s. 775.083.
 1697         (e) The division shall adopt rules for the use of
 1698  prescribed burning and for certifying and decertifying certified
 1699  prescribed burn managers based on their past experience,
 1700  training, and record of compliance with this section.
 1701         (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
 1702  PURPOSE.—
 1703         (a) Pile burning is a tool that benefits current and future
 1704  generations in Florida by disposing of naturally occurring
 1705  vegetative debris through burning rather than disposing of the
 1706  debris in landfills.
 1707         (b) Certified pile burning pertains to the disposal of
 1708  piled, naturally occurring debris from an agricultural,
 1709  silvicultural, or temporary land-clearing operation. A land
 1710  clearing operation is temporary if it operates for 6 months or
 1711  less. Certified pile burning must be conducted in accordance
 1712  with this subsection, and:
 1713         1. A certified pile burner must ensure, before ignition,
 1714  that the piles are properly placed and that the content of the
 1715  piles is conducive to efficient burning.
 1716         2. A certified pile burner must ensure that the piles are
 1717  properly extinguished no later than 1 hour after sunset. If the
 1718  burn is conducted in an area designated by the division as smoke
 1719  sensitive, a certified pile burner must ensure that the piles
 1720  are properly extinguished at least 1 hour before sunset.
 1721         3. A written pile burn plan must be prepared before
 1722  receiving authorization from the division to burn.
 1723         4. The specific consent of the landowner or his or her
 1724  agent must be obtained before requesting authorization to burn.
 1725         5. An authorization to burn must be obtained from the
 1726  division or its designated agent before igniting the burn.
 1727         6. There must be adequate firebreaks and sufficient
 1728  personnel and firefighting equipment at the burn site to control
 1729  the fire.
 1730         (c) If a burn is conducted in accordance with this
 1731  subsection, the property owner and his or her agent are not
 1732  liable under s. 590.13 for damage or injury caused by the fire
 1733  or resulting smoke, and are not in violation of subsection (2),
 1734  unless gross negligence is proven.
 1735         (d) A certified pile burner who violates this section
 1736  commits a misdemeanor of the second degree, punishable as
 1737  provided in s. 775.082 or s. 775.083.
 1738         (e) The division shall adopt rules regulating certified
 1739  pile burning. The rules shall include procedures and criteria
 1740  for certifying and decertifying certified pile burn managers
 1741  based on past experience, training, and record of compliance
 1742  with this section.
 1743         (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE
 1744  DIVISION.—The division may conduct fuel reduction initiatives,
 1745  including, but not limited to, burning and mechanical and
 1746  chemical treatment, on any area of wild land within the state
 1747  which is reasonably determined to be in danger of wildfire in
 1748  accordance with the following procedures:
 1749         (a) Describe the areas that will receive fuels treatment to
 1750  the affected local governmental entity.
 1751         (b) Publish a treatment notice, including a description of
 1752  the area to be treated, in a conspicuous manner in at least one
 1753  newspaper of general circulation in the area of the treatment
 1754  not less than 10 days before the treatment.
 1755         (c) Prepare, and send the county tax collector shall
 1756  include with the annual tax statement, a notice to be sent to
 1757  all landowners in each area township designated by the division
 1758  as a wildfire hazard area. The notice must describe particularly
 1759  the area to be treated and the tentative date or dates of the
 1760  treatment and must list the reasons for and the expected
 1761  benefits from the wildfire hazard reduction.
 1762         (d) Consider any landowner objections to the fuels
 1763  treatment of his or her property. The landowner may apply to the
 1764  director of the division for a review of alternative methods of
 1765  fuel reduction on the property. If the director or his or her
 1766  designee does not resolve the landowner objection, the director
 1767  shall convene a panel made up of the local forestry unit
 1768  manager, the fire chief of the jurisdiction, and the affected
 1769  county or city manager, or any of their designees. If the
 1770  panel’s recommendation is not acceptable to the landowner, the
 1771  landowner may request further consideration by the Commissioner
 1772  of Agriculture or his or her designee and shall thereafter be
 1773  entitled to an administrative hearing pursuant to the provisions
 1774  of chapter 120.
 1775         (6) DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
 1776  AUTHORIZATION PROGRAMS.—
 1777         (a) A county or municipality may exercise the division’s
 1778  authority, if delegated by the division under this subsection,
 1779  to issue authorizations for the burning of yard trash or debris
 1780  from land-clearing operations. A county’s or municipality’s
 1781  existing or proposed open burning authorization program must:
 1782         1. Be approved by the division. The division shall not
 1783  approve a program if it fails to meet the requirements of
 1784  subsections (2) and (4) and any rules adopted under those
 1785  subsections.
 1786         2. Provide by ordinance or local law the requirements for
 1787  obtaining and performing a burn authorization that comply with
 1788  subsections (2) and (4) and any rules adopted under those
 1789  subsections.
 1790         3. Provide for the enforcement of the program’s
 1791  requirements.
 1792         4. Provide financial, personnel, and other resources needed
 1793  to carry out the program.
 1794         (b) If the division determines that a county’s or
 1795  municipality’s open burning authorization program does not
 1796  comply with subsections (2) and (4) and any rules adopted under
 1797  those subsections, the division shall require the county or
 1798  municipality to take necessary corrective actions within a
 1799  reasonable period, not to exceed 90 days.
 1800         1. If the county or municipality fails to take the
 1801  necessary corrective actions within the required period, the
 1802  division shall resume administration of the open burning
 1803  authorization program in the county or municipality and the
 1804  county or municipality shall cease administration of its
 1805  program.
 1806         2. Each county and municipality administering an open
 1807  burning authorization program must cooperate with and assist the
 1808  division in carrying out the division’s powers, duties, and
 1809  functions.
 1810         3. A person who violates the requirements of a county’s or
 1811  municipality’s open burning authorization program, as provided
 1812  by ordinance or local law enacted pursuant to this section,
 1813  commits a violation of this chapter, punishable as provided in
 1814  s. 590.14.
 1815         (7)(5) DUTIES OF AGENCIES.—The Department of Education
 1816  shall incorporate, where feasible and appropriate, the issues of
 1817  fuels treatment, including prescribed burning, into its
 1818  educational materials.
 1819         Section 48. Section 590.14, Florida Statutes, is amended to
 1820  read:
 1821         590.14 Notice of violation; penalties.—
 1822         (1) If a division employee determines that a person has
 1823  violated chapter 589, or this chapter, or any rule adopted by
 1824  the division to administer provisions of law conferring duties
 1825  upon the division, the division employee he or she may issue a
 1826  notice of violation indicating the statute violated. This notice
 1827  will be filed with the division and a copy forwarded to the
 1828  appropriate law enforcement entity for further action if
 1829  necessary.
 1830         (2) In addition to any penalties provided by law, any
 1831  person who causes a wildfire or permits any authorized fire to
 1832  escape the boundaries of the authorization or to burn past the
 1833  time of the authorization is liable for the payment of all
 1834  reasonable costs and expenses incurred in suppressing the fire
 1835  or $150, whichever is greater. All costs and expenses incurred
 1836  by the division shall be payable to the division. When such
 1837  costs and expenses are not paid within 30 days after demand, the
 1838  division may take proper legal proceedings for the collection of
 1839  the costs and expenses. Those costs incurred by an agency acting
 1840  at the division’s direction are recoverable by that agency.
 1841         (3) The department may also impose an administrative fine,
 1842  not to exceed $1,000 per violation of any section of chapter 589
 1843  or this chapter or violation of any rule adopted by the division
 1844  to administer provisions of law conferring duties upon the
 1845  division. The fine shall be based upon the degree of damage, the
 1846  prior violation record of the person, and whether the person
 1847  knowingly provided false information to obtain an authorization.
 1848  The fines shall be deposited in the Incidental Trust Fund of the
 1849  division.
 1850         (4) A person may not:
 1851         (a) Fail to comply with any rule or order adopted by the
 1852  division to administer provisions of law conferring duties upon
 1853  the division; or
 1854         (b) Knowingly make any false statement or representation in
 1855  any application, record, plan, or other document required by
 1856  this chapter or any rules adopted under this chapter.
 1857         (5) A person who violates paragraph (4)(a) or paragraph
 1858  (4)(b) commits a misdemeanor of the second degree, punishable as
 1859  provided in s. 775.082 or s. 775.083.
 1860         (6) It is the intent of the Legislature that a penalty
 1861  imposed by a court under subsection (5) be of a severity that
 1862  ensures immediate and continued compliance with this section.
 1863         (7)(4) The penalties provided in this section shall extend
 1864  to both the actual violator and the person or persons, firm, or
 1865  corporation causing, directing, or permitting the violation.
 1866         Section 49. Paragraph (a) of subsection (1) of section
 1867  599.004, Florida Statutes, is amended to read:
 1868         599.004 Florida Farm Winery Program; registration; logo;
 1869  fees.—
 1870         (1) The Florida Farm Winery Program is established within
 1871  the Department of Agriculture and Consumer Services. Under this
 1872  program, a winery may qualify as a tourist attraction only if it
 1873  is registered with and certified by the department as a Florida
 1874  Farm Winery. A winery may not claim to be certified unless it
 1875  has received written approval from the department.
 1876         (a) To qualify as a certified Florida Farm Winery, a winery
 1877  shall meet the following standards:
 1878         1. Produce or sell less than 250,000 gallons of wine
 1879  annually.
 1880         2. Maintain a minimum of 10 acres of owned or managed land
 1881  vineyards in Florida which produces commodities used in the
 1882  production of wine.
 1883         3. Be open to the public for tours, tastings, and sales at
 1884  least 30 hours each week.
 1885         4. Make annual application to the department for
 1886  recognition as a Florida Farm Winery, on forms provided by the
 1887  department.
 1888         5. Pay an annual application and registration fee of $100.
 1889         Section 50. Subsection (1) of section 604.15, Florida
 1890  Statutes, is amended, and subsection (11) is added to that
 1891  section, to read:
 1892         604.15 Dealers in agricultural products; definitions.—For
 1893  the purpose of ss. 604.15-604.34, the following words and terms,
 1894  when used, shall be construed to mean:
 1895         (1) “Agricultural products” means the natural products of
 1896  the farm, nursery, grove, orchard, vineyard, garden, and apiary
 1897  (raw or manufactured); sod; tropical foliage; horticulture; hay;
 1898  livestock; milk and milk products; poultry and poultry products;
 1899  the fruit of the saw palmetto (meaning the fruit of the Serenoa
 1900  repens); limes (meaning the fruit Citrus aurantifolia, variety
 1901  Persian, Tahiti, Bearss, or Florida Key limes); and any other
 1902  nonexempt agricultural products produced in the state, except
 1903  tobacco, sugarcane, tropical foliage, timber and timber
 1904  byproducts, forest products as defined in s. 591.17, and citrus
 1905  other than limes.
 1906         (11) “Responsible position” means a position within the
 1907  business of a dealer in agricultural products that has the
 1908  authority to negotiate or make the purchase of agricultural
 1909  products on behalf of the dealer’s business or has principal
 1910  active management authority over the business decisions,
 1911  actions, and activities of the dealer’s business in this state.
 1912         Section 51. Section 604.19, Florida Statutes, is amended to
 1913  read:
 1914         604.19 License; fee; bond; certificate of deposit;
 1915  penalty.—Unless the department refuses the application on one or
 1916  more of the grounds provided in this section, it shall issue to
 1917  an applicant, upon the payment of required fees and the
 1918  execution and delivery of a bond or certificate of deposit as
 1919  provided in this section, a state license entitling the
 1920  applicant to conduct business as a dealer in agricultural
 1921  products for a 1-year period to coincide with the effective
 1922  period of the bond or certificate of deposit furnished by the
 1923  applicant. During the 1-year period covered by a license, if the
 1924  supporting surety bond or certificate of deposit is canceled for
 1925  any reason, the license shall automatically expire on the date
 1926  the surety bond or certificate of deposit terminates, unless an
 1927  acceptable replacement is in effect before the date of
 1928  termination so that continual coverage occurs for the remaining
 1929  period of the license. A surety company shall give the
 1930  department a 30-day written notice of cancellation by certified
 1931  mail in order to cancel a bond. Cancellation of a bond or
 1932  certificate of deposit does shall not relieve a surety company
 1933  or financial institution of liability for purchases or sales
 1934  occurring while the bond or certificate of deposit was in
 1935  effect. The license fee, which must be paid for the principal
 1936  place of business for a dealer in agricultural products, shall
 1937  be based upon the amount of the dealer’s surety bond or
 1938  certificate of deposit furnished by each dealer under the
 1939  provisions of s. 604.20 and may not exceed $500. For each
 1940  additional place in which the applicant desires to conduct
 1941  business and which the applicant names in the application, the
 1942  additional license fee must be paid but may not exceed $100
 1943  annually. If a Should any dealer in agricultural products fails,
 1944  refuses, or neglects fail, refuse, or neglect to apply and
 1945  qualify for the renewal of a license on or before its the date
 1946  of expiration date thereof, a penalty not to exceed $100 shall
 1947  apply to and be added to the original license fee for the
 1948  principal place of business and to the license fee for each
 1949  additional place of business named in the application and shall
 1950  be paid by the applicant before the renewal license may be
 1951  issued. The department by rule shall prescribe fee amounts
 1952  sufficient to fund ss. 604.15-604.34.
 1953         Section 52. Section 604.25, Florida Statutes, is amended to
 1954  read:
 1955         604.25 Denial of, refusal to renew grant, or suspension or
 1956  revocation of, license.—
 1957         (1) The department may deny, refuse to renew, decline to
 1958  grant a license or may suspend or revoke a license already
 1959  granted if the applicant or licensee has:
 1960         (1)(a) Suffered a monetary judgment entered against the
 1961  applicant or licensee upon which is execution has been returned
 1962  unsatisfied;
 1963         (2)(b) Made false charges for handling or services
 1964  rendered;
 1965         (3)(c) Failed to account promptly and properly or to make
 1966  settlements with any producer;
 1967         (4)(d) Made any false statement or statements as to
 1968  condition, quality, or quantity of goods received or held for
 1969  sale when the true condition, quality, or quantity could have
 1970  been ascertained by reasonable inspection;
 1971         (5)(e) Made any false or misleading statement or statements
 1972  as to market conditions or service rendered;
 1973         (6)(f) Been guilty of a fraud in the attempt to procure, or
 1974  the procurement of, a license;
 1975         (7)(g) Directly or indirectly sold agricultural products
 1976  received on consignment or on a net return basis for her or his
 1977  own account, without prior authority from the producer
 1978  consigning the same, or without notifying such producer;
 1979         (8)(h)Failed to prevent a person from holding a position
 1980  as the applicant’s or licensee’s owner, officer, director,
 1981  general or managing partner, or employee Employed in a
 1982  responsible position a person, or holding any other similarly
 1983  situated position, if the person holds or has held a similar
 1984  position with any entity that an officer of a corporation, who
 1985  has failed to fully comply with an order of the department, has
 1986  not satisfied a civil judgment held by the department, has
 1987  pending any administrative or civil enforcement action by the
 1988  department, or has pending any criminal charges pursuant to s.
 1989  604.30 at any time within 1 year after issuance;
 1990         (9)(i) Violated any statute or rule relating to the
 1991  purchase or sale of any agricultural product, whether or not
 1992  such transaction is subject to the provisions of this chapter;
 1993  or
 1994         (10)(j) Failed to submit to the department an application,
 1995  appropriate license fees, and an acceptable surety bond or
 1996  certificate of deposit; or.
 1997         (11)(2)Failed If a licensee fails or refused refuses to
 1998  comply in full with an order of the department or failed to
 1999  satisfy a civil judgment owed to the department, her or his
 2000  license may be suspended or revoked, in which case she or he
 2001  shall not be eligible for license for a period of 1 year or
 2002  until she or he has fully complied with the order of the
 2003  department.
 2004         (3) No person, or officer of a corporation, whose license
 2005  has been suspended or revoked for failure to comply with an
 2006  order of the department may hold a responsible position with a
 2007  licensee for a period of 1 year or until the order of the
 2008  department has been fully complied with.
 2009         Section 53. Subsections (18) and (19) of section 616.242,
 2010  Florida Statutes, are renumbered as subsections (19) and (20),
 2011  respectively, and a new subsection (18) is added to that section
 2012  to read:
 2013         616.242 Safety standards for amusement rides.—
 2014         (18) STOP-OPERATION ORDERS.—If an owner or amusement ride
 2015  fails to comply with this chapter or any rule adopted under this
 2016  chapter, the department may issue a stop-operation order.
 2017         Section 54. Subsection (4) of section 686.201, Florida
 2018  Statutes, is amended to read:
 2019         686.201 Sales representative contracts involving
 2020  commissions; requirements; termination of agreement; civil
 2021  remedies.—
 2022         (4) This section does not apply to persons licensed
 2023  pursuant to chapter 475 who are performing services within the
 2024  scope of their license or to contracts to which a seller of
 2025  travel, as defined in s. 559.927, is a party.
 2026         Section 55. Paragraph (c) of subsection (5) of section
 2027  790.06, Florida Statutes, is amended to read:
 2028         790.06 License to carry concealed weapon or firearm.—
 2029         (5) The applicant shall submit to the Department of
 2030  Agriculture and Consumer Services:
 2031         (c) A full set of fingerprints of the applicant
 2032  administered by a law enforcement agency or the Division of
 2033  Licensing of the Department of Agriculture and Consumer
 2034  Services.
 2035         Section 56. Sections 570.071 and 570.901, Florida Statutes,
 2036  are repealed.
 2037         Section 57. Section 828.126, Florida Statutes, is created
 2038  to read:
 2039         828.126 Sexual activities involving animals.—
 2040         (1) As used in this section, the term “sexual activities”
 2041  means oral, anal, or vaginal penetration by, or union with, the
 2042  sexual organ of an animal or the anal or vaginal penetration of
 2043  an animal by any object.
 2044         (2) A person may not knowingly:
 2045         (a) Engage in a sexual activities with an animal;
 2046         (b) Cause, aid, or abet another person to engage in sexual
 2047  activities with an animal;
 2048         (c) Permit any sexual activities with an animal to be
 2049  conducted on any premises under his or her control; or
 2050         (d) Organize, promote, conduct, advertise, aid, abet,
 2051  participate in as an observer, or perform any service in the
 2052  furtherance of an act involving any sexual activities with an
 2053  animal for a commercial or recreational purpose.
 2054         (3) A person who violates this section commits a
 2055  misdemeanor of the first degree, punishable as provided in s.
 2056  775.082 or s. 775.083.
 2057         (4) This section does not apply to normal and ordinary
 2058  animal husbandry practices, conformation judging practices, or
 2059  accepted veterinary medical practices.
 2060         Section 58. The Department of Agriculture and Consumer
 2061  Services shall meet with duly authorized representatives of
 2062  established organizations representing the Florida pest control
 2063  industry and prepare a report that shall be submitted to the
 2064  President of the Senate, the Speaker of the House of
 2065  Representatives, the chairperson of the Senate Committee on
 2066  Agriculture, and the chairperson of the House Committee on
 2067  Agribusiness by January 1, 2011. The report shall include
 2068  recommended amendments to chapter 482, Florida Statutes, which
 2069  provide for disciplinary action to be taken against licensees
 2070  who violate laws or rules pertaining to the pretreatment of soil
 2071  to protect newly constructed homes, pest control at sensitive
 2072  facilities such as schools and nursing homes, and also the
 2073  fumigation of existing homes for protection against termite
 2074  damage, thereby providing additional safeguards for consumers.
 2075  The report may also address other issues of concern to the
 2076  department and to members of the industry, such as changes to
 2077  requirements for professional liability insurance coverage or
 2078  the amount of bond required, duties and responsibilities of a
 2079  certified operator, issuance of a centralized pest control
 2080  service center license, and limited certification for commercial
 2081  wildlife management personnel.
 2082         Section 59. This act shall take effect July 1, 2010.

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