August 24, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2010                                    SB 2348
       
       
       
       By Senator Baker
       
       
       
       
       20-01489A-10                                          20102348__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; creating the “Florida Food Freedom
    4         Act”; providing definitions; providing a purpose for
    5         the act; providing an exemption from licensure
    6         requirements for certain food producers that sell or
    7         deliver directly to the consumer; prohibiting state
    8         and local governmental agencies from requiring
    9         licensure, certification, or inspection of such
   10         producers under certain circumstances; amending s.
   11         403.9336, F.S.; revising a reference to the Model
   12         Ordinance for Florida-Friendly Fertilizer Use on Urban
   13         Landscapes; amending s. 403.9337, F.S.; revising the
   14         criteria for a local government’s adoption of more
   15         stringent standards; amending s. 493.6102, F.S.;
   16         specifying that provisions regulating security
   17         officers do not apply to certain law enforcement,
   18         correctional, and probation officers performing off
   19         duty activities; amending s. 493.6105, F.S.; revising
   20         the application requirements and procedures for
   21         certain private investigative, private security,
   22         recovery agent, and firearm licenses; specifying
   23         application requirements for firearms instructor
   24         licenses; amending s. 493.6106, F.S.; revising
   25         citizenship requirements and documentation for certain
   26         private investigative, private security, and recovery
   27         agent licenses; prohibiting the licensure of
   28         applicants for a statewide firearm license or firearms
   29         instructor license who are prohibited from purchasing
   30         or possessing firearms; requiring that private
   31         investigative, security, and recovery agencies notify
   32         the department of changes to their branch office
   33         locations; amending s. 493.6107, F.S.; requiring the
   34         department to accept certain methods of payment for
   35         certain fees; amending s. 493.6108, F.S.; revising
   36         requirements for criminal history checks of license
   37         applicants whose fingerprints are not legible;
   38         requiring the investigation of the mental and
   39         emotional fitness of applicants for firearms
   40         instructor licenses; amending s. 493.6111, F.S.;
   41         requiring a security officer school or recovery agent
   42         school to obtain the department’s approval for use of
   43         a fictitious name; specifying that a licensee may not
   44         conduct business under more than one fictitious name;
   45         amending s. 493.6113, F.S.; revising application
   46         renewal procedures and requirements; amending s.
   47         493.6115, F.S.; conforming cross-references; amending
   48         s. 493.6118, F.S.; authorizing disciplinary action
   49         against statewide firearm licensees and firearms
   50         instructor licensees who are prohibited from
   51         purchasing or possessing firearms; amending s.
   52         493.6121, F.S.; deleting provisions for the
   53         department’s access to certain criminal history
   54         records provided to licensed gun dealers,
   55         manufacturers, and exporters; amending s. 493.6202,
   56         F.S.; requiring the department to accept certain
   57         methods of payment for certain fees; amending s.
   58         493.6203, F.S.; prohibiting bodyguard services from
   59         being credited toward certain license requirements;
   60         revising the training requirements for private
   61         investigator intern license applicants; requiring the
   62         automatic suspension of an intern’s license under
   63         certain circumstances; providing an exception;
   64         amending s. 493.6302, F.S.; requiring the department
   65         to accept certain methods of payment for certain fees;
   66         amending s. 493.6303, F.S.; revising the training
   67         requirements for security officer license applicants;
   68         amending s. 493.6304, F.S.; revising application
   69         requirements and procedures for security officer
   70         school licenses; amending s. 493.6401, F.S.; revising
   71         terminology for recovery agent schools and training
   72         facilities; amending s. 493.6402, F.S.; revising
   73         terminology for recovery agent schools and training
   74         facilities; requiring the department to accept certain
   75         methods of payment for certain fees; amending s.
   76         493.6406, F.S.; revising terminology; requiring
   77         recovery agent school and instructor licenses;
   78         providing license application requirements and
   79         procedures; amending s. 500.03, F.S.; revising the
   80         term “food establishment” to include tomato repackers
   81         for purposes of the Florida Food Safety Act; amending
   82         s. 500.12, F.S.; providing that certain persons who
   83         sell directly to the consumer are exempt from food
   84         permit requirements; requiring persons who sell
   85         directly to the consumer to be trained and certified;
   86         creating s. 500.70, F.S.; defining terms; authorizing
   87         the department to adopt rules establishing food safety
   88         standards for tomatoes; authorizing the department to
   89         inspect tomato farms, greenhouses, packinghouses, and
   90         repacking locations; providing penalties; authorizing
   91         the department to establish good agricultural
   92         practices and best management practices for the tomato
   93         industry by rule; providing a presumption that
   94         tomatoes introduced into commerce are safe for human
   95         consumption under certain circumstances; providing
   96         exemptions; amending ss. 501.605 and 501.607, F.S.;
   97         revising application requirements for commercial
   98         telephone seller and salesperson licenses; amending s.
   99         501.913, F.S.; specifying the sample size required for
  100         antifreeze registration application; amending s.
  101         525.01, F.S.; revising requirements for petroleum fuel
  102         affidavits; amending s. 525.09, F.S.; imposing an
  103         inspection fee on certain alternative fuels containing
  104         alcohol; amending s. 526.50, F.S.; defining terms
  105         applicable to regulation of the sale of brake fluid;
  106         amending s. 526.51, F.S.; revising brake fluid permit
  107         application requirements; deleting permit renewal
  108         requirements; providing for reregistration of brake
  109         fluid; establishing fees; amending s. 526.52, F.S.;
  110         revising requirements for printed statements on brake
  111         fluid containers; amending s. 526.53, F.S.; revising
  112         requirements and procedures for brake fluid stop-sale
  113         orders; authorizing businesses to dispose of
  114         unregistered brake fluid under certain circumstances;
  115         amending s. 527.0201, F.S.; revising requirements for
  116         liquefied petroleum gas qualifying examinations;
  117         increasing continuing education requirements for
  118         certain liquefied petroleum gas qualifiers; amending
  119         s. 527.12, F.S.; providing for the issuance of certain
  120         stop orders; amending ss. 559.805 and 559.928, F.S.;
  121         deleting social security numbers as a listing
  122         requirement on registration affidavits for independent
  123         agents of sellers of business opportunities; amending
  124         s. 570.07, F.S.; authorizing the department to adopt
  125         best management practices for agricultural production
  126         and food safety; amending s. 570.0725, F.S.; revising
  127         provisions for public information about food banks and
  128         similar food recovery programs; authorizing the
  129         department to adopt rules; amending s. 570.48, F.S.;
  130         revising duties of the Division of Fruit and
  131         Vegetables for tomato food safety inspections;
  132         amending ss. 570.53 and 570.54, F.S.; conforming
  133         cross-references; amending s. 570.55, F.S.; revising
  134         requirements for identifying sellers or handlers of
  135         tropical or subtropical fruit or vegetables; amending
  136         s. 570.902, F.S.; conforming terminology to the repeal
  137         by the act of provisions establishing the Florida
  138         Agricultural Museum; amending s. 570.903, F.S.;
  139         revising provisions for direct-support organizations
  140         for certain agricultural programs to conform to the
  141         repeal by the act of provisions establishing the
  142         Florida Agricultural Museum; deleting provisions for a
  143         direct-support organization for the Florida State
  144         Collection of Arthropods; amending s. 573.118, F.S.;
  145         requiring the department to maintain records of
  146         marketing orders; requiring an audit at the request of
  147         an advisory council; requiring that the advisory
  148         council receive a copy of the audit within a specified
  149         time; amending s. 581.011, F.S.; deleting terminology
  150         relating to the Florida State Collection of
  151         Arthropods; revising the term “nursery” for purposes
  152         of plant industry regulations; amending s. 581.211,
  153         F.S.; increasing the maximum fine for violations of
  154         plant industry regulations; amending s. 583.01, F.S.;
  155         redefining the term “dealer” with regard to the sale
  156         of eggs and poultry; amending s. 583.13, F.S.;
  157         deleting a prohibition on the sale of poultry without
  158         displaying the poultry grade; amending s. 590.125,
  159         F.S.; revising terminology for open burning
  160         authorizations; specifying purposes of certified
  161         prescribed burning; requiring the authorization of the
  162         Division of Forestry for certified pile burning;
  163         providing pile burning requirements; limiting the
  164         liability of property owners or agents engaged in pile
  165         burning; providing for the certification of pile
  166         burners; providing penalties for violations by
  167         certified pile burners; requiring rules; authorizing
  168         the division to adopt rules regulating certified pile
  169         burning; revising notice requirements for wildfire
  170         hazard reduction treatments; providing for approval of
  171         local government open burning authorization programs;
  172         providing program requirements; authorizing the
  173         division to close local government programs under
  174         certain circumstances; providing penalties for
  175         violations of local government open burning
  176         requirements; amending s. 590.14, F.S.; authorizing
  177         fines for violations of any division rule; providing
  178         penalties for certain violations; providing
  179         legislative intent; amending s. 599.004, F.S.;
  180         revising standards that a winery must meet to qualify
  181         as a certified Florida Farm Winery; amending s.
  182         604.15, F.S.; revising the term “agricultural
  183         products” to make tropical foliage exempt from
  184         regulation under provisions relating to dealers in
  185         agricultural products; defining the term “responsible
  186         position”; amending s. 604.19, F.S.; revising
  187         requirements for late fees on agricultural products
  188         dealer applications; amending s. 604.20, F.S.;
  189         revising the minimum amount of the surety bond or
  190         certificate of deposit required for agricultural
  191         products dealer licenses; providing conditions for the
  192         payment of bond or certificate of deposit proceeds;
  193         requiring additional documentation for issuance of a
  194         conditional license; amending s. 604.25, F.S.;
  195         revising conditions under which the department may
  196         deny, refuse to renew, suspend, or revoke agricultural
  197         products dealer licenses; deleting a provision
  198         prohibiting certain persons from holding a responsible
  199         position with a licensee; amending s. 616.242, F.S.;
  200         authorizing alternative forms of insurance coverage
  201         required for amusement rides; authorizing the issuance
  202         of stop-operation orders for amusement rides under
  203         certain circumstances; amending s. 686.201, F.S.;
  204         exempting contracts involving a seller of travel from
  205         requirements for certain sales representative
  206         contracts; amending s. 790.06, F.S.; authorizing a
  207         concealed firearm license applicant to submit
  208         fingerprints administered by the Division of
  209         Licensing; repealing ss. 570.071 and 570.901, F.S.,
  210         relating to the Florida Agricultural Exposition and
  211         the Florida Agricultural Museum; providing an
  212         effective date.
  213  
  214  Be It Enacted by the Legislature of the State of Florida:
  215  
  216         Section 1. Florida Food Freedom Act.—
  217         (1) SHORT TITLE.—This section may be cited as the “Florida
  218  Food Freedom Act.
  219         (2) DEFINITIONS.—As used in this section, the term:
  220         (a) “Agent” means a person who conducts commerce on behalf
  221  of a producer.
  222         (b) “Agritourism activityhas the same meaning as provided
  223  in s. 570.961, Florida Statutes. The term also means a style of
  224  vacation that normally takes place on a farm or ranch, and
  225  includes any farm or ranch that is open to the public at least
  226  part of the year. The term also includes the opportunity to
  227  participate in agricultural tasks, including, but not limited
  228  to, harvesting fruits and vegetables, riding horses, tasting
  229  honey, learning about wine, and shopping in farm or ranch gift
  230  shops and farm stands for local and regional agricultural
  231  produce or hand-crafted gifts.
  232         (c) “End consumer” means a person who is the last person to
  233  purchase any product or preparation and who does not resell the
  234  product or preparation.
  235         (d) “Home consumption” means consumed within a private
  236  home.
  237         (e) “Producer” means any person who grows any plant or
  238  animal for food or drink.
  239         (f) “Transaction” means the exchange of buying and selling.
  240         (3) PURPOSE; LICENSURE EXEMPTION.—
  241         (a) The purpose of this section is to encourage the
  242  expansion and accessibility of farmers’ markets, roadside
  243  stands, ranch- and farm-based sales, and agricultural sales by:
  244         1. Promoting the purchase and consumption of fresh and
  245  local agricultural products;
  246         2. Enhancing the agricultural economy;
  247         3. Encouraging agritourism activities in this state;
  248         4. Providing this state’s residents with unimpeded access
  249  to healthful food from known sources; and
  250         5. Encouraging the expansion and accessibility of farmers’
  251  markets, roadside stands, ranch- and farm-based sales, and
  252  direct agricultural sales from the producer to the end consumer.
  253         (b) Any producer who:
  254         1. Sells his or her product at farmers’ markets or at
  255  roadside stands;
  256         2. Sells his or her product through ranch- and farm-based
  257  sales directly to the end consumer; or
  258         3.Delivers his or her product directly to the end
  259  consumer,
  260  
  261  is exempt from permit requirements of s. 500.12, Florida
  262  Statutes.
  263         (c) Notwithstanding any other provision of law, a state
  264  agency or an agency of any political subdivision of the state
  265  may not require any licensure, certification, or inspection if
  266  there is only one transaction between the producer or the
  267  producer’s agent and the end consumer and the food is for home
  268  consumption.
  269         Section 2. Section 403.9336, Florida Statutes, is amended
  270  to read:
  271         403.9336 Legislative findings.—The Legislature finds that
  272  the implementation of the Model Ordinance for Florida-Friendly
  273  Fertilizer Use on Urban Landscapes (2009) (2008), which was
  274  developed by the department in conjunction with the Florida
  275  Consumer Fertilizer Task Force, the Department of Agriculture
  276  and Consumer Services, and the University of Florida Institute
  277  of Food and Agricultural Sciences, will assist in protecting the
  278  quality of Florida’s surface water and groundwater resources.
  279  The Legislature further finds that local conditions, including
  280  variations in the types and quality of water bodies, site
  281  specific soils and geology, and urban or rural densities and
  282  characteristics, may necessitate the implementation of
  283  additional or more stringent fertilizer management practices at
  284  the local government level.
  285         Section 3. Subsection (2) of section 403.9337, Florida
  286  Statutes, is amended to read:
  287         403.9337 Model Ordinance for Florida-Friendly Fertilizer
  288  Use on Urban Landscapes.—
  289         (2) Each county and municipal government located within the
  290  watershed of a water body or water segment that is listed as
  291  impaired by nutrients pursuant to s. 403.067, must shall, at a
  292  minimum, adopt the department’s Model Ordinance for Florida
  293  Friendly Fertilizer Use on Urban Landscapes. A local government
  294  may adopt additional or more stringent standards than the model
  295  ordinance if, before adoption, the following criteria are met:
  296         (a) The local government has implemented demonstrated, as
  297  part of a comprehensive program to address nonpoint sources of
  298  nutrient pollution but which is science-based, and economically
  299  and technically feasible, that additional or more stringent
  300  standards than the model ordinance are necessary in order to
  301  adequately address urban fertilizer contributions to nonpoint
  302  source nutrient loading to a water body. A comprehensive program
  303  may include:
  304         1. Nonpoint source activities adopted as part of a basin
  305  management plan developed pursuant to s. 403.067(7);
  306         2. Adoption of Florida-friendly landscaping requirements,
  307  as provided in s. 373.185, into the local government’s
  308  development code;
  309         3. The requirement for and enforcement of the
  310  implementation of low-impact development practices; and
  311         4. Documenting in the public record the need for more
  312  stringent standards, including scientific documentation of the
  313  vulnerability of the waters within the local government’s
  314  jurisdiction to nutrient enrichment due to landforms, soils,
  315  hydrology, climate, or geology.
  316         (b) The local government documents that it has requested
  317  and considered all relevant scientific information, including
  318  input from the department, the institute, the Department of
  319  Agriculture and Consumer Services, and the University of Florida
  320  Institute of Food and Agricultural Sciences, if provided, on the
  321  need for additional or more stringent provisions to address
  322  fertilizer use as a contributor to water quality degradation.
  323  All documentation must become part of the public record before
  324  adoption of the additional or more stringent criteria.
  325         Section 4. Subsection (1) of section 493.6102, Florida
  326  Statutes, is amended to read:
  327         493.6102 Inapplicability of this chapter.—This chapter
  328  shall not apply to:
  329         (1) Any individual who is an “officer” as defined in s.
  330  943.10(14), or is a law enforcement officer of the United States
  331  Government, while the such local, state, or federal officer is
  332  engaged in her or his official duties or, if approved by the
  333  officer’s supervisors, when performing off-duty activities as a
  334  security officer activities approved by her or his superiors.
  335         Section 5. Section 493.6105, Florida Statutes, is amended
  336  to read:
  337         493.6105 Initial application for license.—
  338         (1) Each individual, partner, or principal officer in a
  339  corporation, shall file with the department a complete
  340  application accompanied by an application fee not to exceed $60,
  341  except that the applicant for a Class “D” or Class “G” license
  342  is shall not be required to submit an application fee. The
  343  application fee is shall not be refundable.
  344         (a) The application submitted by any individual, partner,
  345  or corporate officer must shall be approved by the department
  346  before the prior to that individual, partner, or corporate
  347  officer assumes assuming his or her duties.
  348         (b) Individuals who invest in the ownership of a licensed
  349  agency, but do not participate in, direct, or control the
  350  operations of the agency are shall not be required to file an
  351  application.
  352         (2) Each application must shall be signed and verified by
  353  the individual under oath as provided in s. 92.525 and shall be
  354  notarized.
  355         (3) The application must shall contain the following
  356  information concerning the individual signing the application
  357  same:
  358         (a) Name and any aliases.
  359         (b) Age and date of birth.
  360         (c) Place of birth.
  361         (d) Social security number or alien registration number,
  362  whichever is applicable.
  363         (e) Current Present residence address and his or her
  364  residence addresses within the 5 years immediately preceding the
  365  submission of the application.
  366         (f) Occupations held presently and within the 5 years
  367  immediately preceding the submission of the application.
  368         (f)(g) A statement of all criminal convictions, findings of
  369  guilt, and pleas of guilty or nolo contendere, regardless of
  370  adjudication of guilt.
  371         (g) One passport-type color photograph taken within the 6
  372  months immediately preceding submission of the application.
  373         (h) A statement whether he or she has ever been adjudicated
  374  incompetent under chapter 744.
  375         (i) A statement whether he or she has ever been committed
  376  to a mental institution under chapter 394.
  377         (j) A full set of fingerprints on a card provided by the
  378  department and a fingerprint fee to be established by rule of
  379  the department based upon costs determined by state and federal
  380  agency charges and department processing costs. An applicant who
  381  has, within the immediately preceding 6 months, submitted a
  382  fingerprint card and fee for licensing purposes under this
  383  chapter shall not be required to submit another fingerprint card
  384  or fee.
  385         (k) A personal inquiry waiver which allows the department
  386  to conduct necessary investigations to satisfy the requirements
  387  of this chapter.
  388         (l) Such further facts as may be required by the department
  389  to show that the individual signing the application is of good
  390  moral character and qualified by experience and training to
  391  satisfy the requirements of this chapter.
  392         (4) In addition to the application requirements outlined in
  393  subsection (3), the applicant for a Class “C,” Class “CC,” Class
  394  “E,” Class “EE,” or Class “G” license shall submit two color
  395  photographs taken within the 6 months immediately preceding the
  396  submission of the application, which meet specifications
  397  prescribed by rule of the department. All other applicants shall
  398  submit one photograph taken within the 6 months immediately
  399  preceding the submission of the application.
  400         (4)(5) In addition to the application requirements outlined
  401  under subsection (3), the applicant for a Class “C,” Class “E,”
  402  Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall
  403  include a statement on a form provided by the department of the
  404  experience which he or she believes will qualify him or her for
  405  such license.
  406         (5)(6) In addition to the requirements outlined in
  407  subsection (3), an applicant for a Class “G” license shall
  408  satisfy minimum training criteria for firearms established by
  409  rule of the department, which training criteria shall include,
  410  but is not limited to, 28 hours of range and classroom training
  411  taught and administered by a Class “K” licensee; however, no
  412  more than 8 hours of such training shall consist of range
  413  training. If the applicant can show proof that he or she is an
  414  active law enforcement officer currently certified under the
  415  Criminal Justice Standards and Training Commission or has
  416  completed the training required for that certification within
  417  the last 12 months, or if the applicant submits one of the
  418  certificates specified in paragraph (6)(a) (7)(a), the
  419  department may waive the foregoing firearms training
  420  requirement.
  421         (6)(7) In addition to the requirements under subsection
  422  (3), an applicant for a Class “K” license shall:
  423         (a) Submit one of the following certificates:
  424         1. The Florida Criminal Justice Standards and Training
  425  Commission Firearms Instructor’s Certificate and confirmation by
  426  the commission that the applicant is authorized to provide
  427  firearms instruction.
  428         2. The National Rifle Association Law Enforcement Police
  429  Firearms Instructor’s Certificate.
  430         3. The National Rifle Association Security Firearms
  431  Instructor’s Certificate.
  432         3.4. A firearms instructor’s training certificate issued by
  433  any branch of the United States Armed Forces, from a federal law
  434  enforcement academy or agency, state, county, or a law
  435  enforcement municipal police academy or agency in this state
  436  recognized as such by the Criminal Justice Standards and
  437  Training Commission or by the Department of Education.
  438         (b) Pay the fee for and pass an examination administered by
  439  the department which shall be based upon, but is not necessarily
  440  limited to, a firearms instruction manual provided by the
  441  department.
  442         (7)(8) In addition to the application requirements for
  443  individuals, partners, or officers outlined under subsection
  444  (3), the application for an agency license shall contain the
  445  following information:
  446         (a) The proposed name under which the agency intends to
  447  operate.
  448         (b) The street address, mailing address, and telephone
  449  numbers of the principal location at which business is to be
  450  conducted in this state.
  451         (c) The street address, mailing address, and telephone
  452  numbers of all branch offices within this state.
  453         (d) The names and titles of all partners or, in the case of
  454  a corporation, the names and titles of its principal officers.
  455         (8)(9) Upon submission of a complete application, a Class
  456  “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
  457  Class “MA,” Class “MB,” or Class “MR” applicant may commence
  458  employment or appropriate duties for a licensed agency or branch
  459  office. However, the Class “C” or Class “E” applicant must work
  460  under the direction and control of a sponsoring licensee while
  461  his or her application is being processed. If the department
  462  denies application for licensure, the employment of the
  463  applicant must be terminated immediately, unless he or she
  464  performs only unregulated duties.
  465         Section 6. Paragraph (f) of subsection (1) and paragraph
  466  (a) of subsection (2) of section 493.6106, Florida Statutes, are
  467  amended, and paragraph (g) is added to subsection (1) of that
  468  section, to read:
  469         493.6106 License requirements; posting.—
  470         (1) Each individual licensed by the department must:
  471         (f) Be a citizen or permanent legal resident alien of the
  472  United States or have appropriate been granted authorization
  473  issued to seek employment in this country by the United States
  474  Bureau of Citizenship and Immigration Services of the United
  475  States Department of Homeland Security.
  476         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  477  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  478  “MB,” Class “MR,” or Class “RI” license who is not a United
  479  States citizen must submit proof of current employment
  480  authorization issued by the United States Bureau of Citizenship
  481  and Immigration Services or proof that she or he is deemed a
  482  permanent legal resident alien by the United States Bureau of
  483  Citizenship and Immigration Services.
  484         2. An applicant for a Class “G” or Class “K” license who is
  485  not a United States citizen must submit proof that she or he is
  486  deemed a permanent legal resident alien by the United States
  487  Bureau of Citizenship and Immigration Services, together with
  488  additional documentation establishing that she or he has resided
  489  in the state of residence shown on the application for at least
  490  90 consecutive days before the date that the application is
  491  submitted.
  492         3. An applicant for an agency or school license who is not
  493  a United States citizen or permanent legal resident alien must
  494  submit documentation issued by the United States Bureau of
  495  Citizenship and Immigration Services stating that she or he is
  496  lawfully in the United States and is authorized to own and
  497  operate the type of agency or school for which she or he is
  498  applying. An employment authorization card issued by the United
  499  States Bureau of Citizenship and Immigration Services is not
  500  sufficient documentation.
  501         (g) Not be prohibited from purchasing or possessing a
  502  firearm by state or federal law if the individual is applying
  503  for a Class “G” license or a Class “K” license.
  504         (2) Each agency shall have a minimum of one physical
  505  location within this state from which the normal business of the
  506  agency is conducted, and this location shall be considered the
  507  primary office for that agency in this state.
  508         (a) If an agency or branch office desires to change the
  509  physical location of the business, as it appears on the agency
  510  license, the department must be notified within 10 days of the
  511  change, and, except upon renewal, the fee prescribed in s.
  512  493.6107 must be submitted for each license requiring revision.
  513  Each license requiring revision must be returned with such
  514  notification.
  515         Section 7. Subsection (3) of section 493.6107, Florida
  516  Statutes, is amended to read:
  517         493.6107 Fees.—
  518         (3) The fees set forth in this section must be paid by
  519  certified check or money order or, at the discretion of the
  520  department, by agency check at the time the application is
  521  approved, except that the applicant for a Class “G” or Class “M”
  522  license must pay the license fee at the time the application is
  523  made. If a license is revoked or denied or if the application is
  524  withdrawn, the license fee shall not be refunded.
  525         Section 8. Paragraph (a) of subsection (1) and subsection
  526  (3) of section 493.6108, Florida Statutes, are amended to read:
  527         493.6108 Investigation of applicants by Department of
  528  Agriculture and Consumer Services.—
  529         (1) Except as otherwise provided, prior to the issuance of
  530  a license under this chapter, the department shall make an
  531  investigation of the applicant for a license. The investigation
  532  shall include:
  533         (a)1. An examination of fingerprint records and police
  534  records. When a criminal history analysis of any applicant under
  535  this chapter is performed by means of fingerprint card
  536  identification, the time limitations prescribed by s. 120.60(1)
  537  shall be tolled during the time the applicant’s fingerprint card
  538  is under review by the Department of Law Enforcement or the
  539  United States Department of Justice, Federal Bureau of
  540  Investigation.
  541         2. If a legible set of fingerprints, as determined by the
  542  Department of Law Enforcement or the Federal Bureau of
  543  Investigation, cannot be obtained after two attempts, the
  544  Department of Agriculture and Consumer Services may determine
  545  the applicant’s eligibility based upon a criminal history record
  546  check under the applicant’s name conducted by the Department of
  547  Law Enforcement if the and the Federal Bureau of Investigation.
  548  A set of fingerprints are taken by a law enforcement agency or
  549  the department and the applicant submits a written statement
  550  signed by the fingerprint technician or a licensed physician
  551  stating that there is a physical condition that precludes
  552  obtaining a legible set of fingerprints or that the fingerprints
  553  taken are the best that can be obtained is sufficient to meet
  554  this requirement.
  555         (3) The department shall also investigate the mental
  556  history and current mental and emotional fitness of any Class
  557  “G” or Class “K” applicant, and may deny a Class “G” or Class
  558  “K” license to anyone who has a history of mental illness or
  559  drug or alcohol abuse.
  560         Section 9. Subsection (4) of section 493.6111, Florida
  561  Statutes, is amended to read:
  562         493.6111 License; contents; identification card.—
  563         (4) Notwithstanding the existence of a valid Florida
  564  corporate registration, an no agency or school licensee may not
  565  conduct activities regulated under this chapter under any
  566  fictitious name without prior written authorization from the
  567  department to use that name in the conduct of activities
  568  regulated under this chapter. The department may not authorize
  569  the use of a name which is so similar to that of a public
  570  officer or agency, or of that used by another licensee, that the
  571  public may be confused or misled thereby. The authorization for
  572  the use of a fictitious name shall require, as a condition
  573  precedent to the use of such name, the filing of a certificate
  574  of engaging in business under a fictitious name under s. 865.09.
  575  A No licensee may not shall be permitted to conduct business
  576  under more than one fictitious name except as separately
  577  licensed nor shall the license be valid to protect any licensee
  578  who is engaged in the business under any name other than that
  579  specified in the license. An agency desiring to change its
  580  licensed name shall notify the department and, except upon
  581  renewal, pay a fee not to exceed $30 for each license requiring
  582  revision including those of all licensed employees except Class
  583  “D” or Class “G” licensees. Upon the return of such licenses to
  584  the department, revised licenses shall be provided.
  585         Section 10. Subsection (2) and paragraph (a) of subsection
  586  (3) of section 493.6113, Florida Statutes, are amended to read:
  587         493.6113 Renewal application for licensure.—
  588         (2) At least No less than 90 days before prior to the
  589  expiration date of the license, the department shall mail a
  590  written notice to the last known mailing residence address of
  591  the licensee for individual licensees and to the last known
  592  agency address for agencies.
  593         (3) Each licensee shall be responsible for renewing his or
  594  her license on or before its expiration by filing with the
  595  department an application for renewal accompanied by payment of
  596  the prescribed license fee.
  597         (a) Each Class “B” Class “A,” Class “B,” or Class “R”
  598  licensee shall additionally submit on a form prescribed by the
  599  department a certification of insurance which evidences that the
  600  licensee maintains coverage as required under s. 493.6110.
  601         Section 11. Subsection (8), paragraph (d) of subsection
  602  (12), and subsection (16) of section 493.6115, Florida Statutes,
  603  are amended to read:
  604         493.6115 Weapons and firearms.—
  605         (8) A Class “G” applicant must satisfy the minimum training
  606  criteria as set forth in s. 493.6105(5)(6) and as established by
  607  rule of the department.
  608         (12) The department may issue a temporary Class “G”
  609  license, on a case-by-case basis, if:
  610         (d) The applicant has received approval from the department
  611  subsequent to its conduct of a criminal history record check as
  612  authorized in s. 493.6108(1)(a)1. 493.6121(6).
  613         (16) If the criminal history record check program
  614  referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
  615  department may issue a temporary “G” license on a case-by-case
  616  basis, provided that the applicant has met all statutory
  617  requirements for the issuance of a temporary “G” license as
  618  specified in subsection (12), excepting the criminal history
  619  record check stipulated there; provided, that the department
  620  requires that the licensed employer of the applicant conduct a
  621  criminal history record check of the applicant pursuant to
  622  standards set forth in rule by the department, and provide to
  623  the department an affidavit containing such information and
  624  statements as required by the department, including a statement
  625  that the criminal history record check did not indicate the
  626  existence of any criminal history that would prohibit licensure.
  627  Failure to properly conduct such a check, or knowingly providing
  628  incorrect or misleading information or statements in the
  629  affidavit shall constitute grounds for disciplinary action
  630  against the licensed agency, including revocation of license.
  631         Section 12. Paragraph (u) of subsection (1) of section
  632  493.6118, Florida Statutes, is redesignated as paragraph (v),
  633  and a new paragraph (u) is added to that subsection to read:
  634         493.6118 Grounds for disciplinary action.—
  635         (1) The following constitute grounds for which disciplinary
  636  action specified in subsection (2) may be taken by the
  637  department against any licensee, agency, or applicant regulated
  638  by this chapter, or any unlicensed person engaged in activities
  639  regulated under this chapter.
  640         (u) For a Class “G” or a Class “K” applicant or licensee,
  641  being prohibited from purchasing or possessing a firearm by
  642  state or federal law.
  643         Section 13. Subsections (7) and (8) of section 493.6121,
  644  Florida Statutes, are renumbered as subsections (6) and (7),
  645  respectively, and present subsection (6) of that section is
  646  amended, to read:
  647         493.6121 Enforcement; investigation.—
  648         (6) The department shall be provided access to the program
  649  that is operated by the Department of Law Enforcement, pursuant
  650  to s. 790.065, for providing criminal history record information
  651  to licensed gun dealers, manufacturers, and exporters. The
  652  department may make inquiries, and shall receive responses in
  653  the same fashion as provided under s. 790.065. The department
  654  shall be responsible for payment to the Department of Law
  655  Enforcement of the same fees as charged to others afforded
  656  access to the program.
  657         Section 14. Subsection (3) of section 493.6202, Florida
  658  Statutes, is amended to read:
  659         493.6202 Fees.—
  660         (3) The fees set forth in this section must be paid by
  661  certified check or money order or, at the discretion of the
  662  department, by agency check at the time the application is
  663  approved, except that the applicant for a Class “G,” Class “C,”
  664  Class “CC,” Class “M,” or Class “MA” license must pay the
  665  license fee at the time the application is made. If a license is
  666  revoked or denied or if the application is withdrawn, the
  667  license fee shall not be refunded.
  668         Section 15. Subsections (2), (4), and (6) of section
  669  493.6203, Florida Statutes, are amended to read:
  670         493.6203 License requirements.—In addition to the license
  671  requirements set forth elsewhere in this chapter, each
  672  individual or agency shall comply with the following additional
  673  requirements:
  674         (2) An applicant for a Class “MA” license shall have 2
  675  years of lawfully gained, verifiable, full-time experience, or
  676  training in:
  677         (a) Private investigative work or related fields of work
  678  that provided equivalent experience or training;
  679         (b) Work as a Class “CC” licensed intern;
  680         (c) Any combination of paragraphs (a) and (b);
  681         (d) Experience described in paragraph (a) for 1 year and
  682  experience described in paragraph (e) for 1 year;
  683         (e) No more than 1 year using:
  684         1. College coursework related to criminal justice,
  685  criminology, or law enforcement administration; or
  686         2. Successfully completed law enforcement-related training
  687  received from any federal, state, county, or municipal agency;
  688  or
  689         (f) Experience described in paragraph (a) for 1 year and
  690  work in a managerial or supervisory capacity for 1 year.
  691  
  692  However, experience in performing bodyguard services is not
  693  creditable toward the requirements of this subsection.
  694         (4) An applicant for a Class “C” license shall have 2 years
  695  of lawfully gained, verifiable, full-time experience, or
  696  training in one, or a combination of more than one, of the
  697  following:
  698         (a) Private investigative work or related fields of work
  699  that provided equivalent experience or training.
  700         (b) College coursework related to criminal justice,
  701  criminology, or law enforcement administration, or successful
  702  completion of any law enforcement-related training received from
  703  any federal, state, county, or municipal agency, except that no
  704  more than 1 year may be used from this category.
  705         (c) Work as a Class “CC” licensed intern.
  706  
  707  However, experience in performing bodyguard services is not
  708  creditable toward the requirements of this subsection.
  709         (6)(a) A Class “CC” licensee shall serve an internship
  710  under the direction and control of a designated sponsor, who is
  711  a Class “C,” Class “MA,” or Class “M” licensee.
  712         (b) Effective July 1, 2010 September 1, 2008, before
  713  submission of an application to the department, the an applicant
  714  for a Class “CC” license must have completed a minimum of 40 at
  715  least 24 hours of professional training a 40-hour course
  716  pertaining to general investigative techniques and this chapter,
  717  which course is offered by a state university or by a school,
  718  community college, college, or university under the purview of
  719  the Department of Education, and the applicant must pass an
  720  examination. The training must be provided in two parts, one 24
  721  hour course and one 16-hour course. The certificate evidencing
  722  satisfactory completion of the 40 at least 24 hours of
  723  professional training a 40-hour course must be submitted with
  724  the application for a Class “CC” license. The remaining 16 hours
  725  must be completed and an examination passed within 180 days. If
  726  documentation of completion of the required training is not
  727  submitted within the specified timeframe, the individual’s
  728  license is automatically suspended or his or her authority to
  729  work as a Class “CC” pursuant to s. 493.6105(9) is rescinded
  730  until such time as proof of certificate of completion is
  731  provided to the department. The training course specified in
  732  this paragraph may be provided by face-to-face presentation,
  733  online technology, or a home study course in accordance with
  734  rules and procedures of the Department of Education. The
  735  administrator of the examination must verify the identity of
  736  each applicant taking the examination.
  737         1. Upon an applicant’s successful completion of each part
  738  of the approved training course and passage of any required
  739  examination, the school, community college, college, or
  740  university shall issue a certificate of completion to the
  741  applicant. The certificates must be on a form established by
  742  rule of the department.
  743         2. The department shall establish by rule the general
  744  content of the professional training course and the examination
  745  criteria.
  746         3. If the license of an applicant for relicensure is has
  747  been invalid for more than 1 year, the applicant must complete
  748  the required training and pass any required examination.
  749         (c) An individual who submits an application for a Class
  750  “CC” license on or after September 1, 2008, through June 30,
  751  2010, who has not completed the 16-hour course must submit proof
  752  of successful completion of the course within 180 days after the
  753  date the application is submitted. If documentation of
  754  completion of the required training is not submitted by that
  755  date, the individual’s license is automatically suspended until
  756  proof of the required training is submitted to the department.
  757  An individual licensed on or before August 31, 2008, is not
  758  required to complete additional training hours in order to renew
  759  an active license beyond the required total amount of training,
  760  and within the timeframe, in effect at the time he or she was
  761  licensed.
  762         Section 16. Subsection (3) of section 493.6302, Florida
  763  Statutes, is amended to read:
  764         493.6302 Fees.—
  765         (3) The fees set forth in this section must be paid by
  766  certified check or money order or, at the discretion of the
  767  department, by agency check at the time the application is
  768  approved, except that the applicant for a Class “D,” Class “G,”
  769  Class “M,” or Class “MB” license must pay the license fee at the
  770  time the application is made. If a license is revoked or denied
  771  or if the application is withdrawn, the license fee shall not be
  772  refunded.
  773         Section 17. Subsection (4) of section 493.6303, Florida
  774  Statutes, is amended to read:
  775         493.6303 License requirements.—In addition to the license
  776  requirements set forth elsewhere in this chapter, each
  777  individual or agency shall comply with the following additional
  778  requirements:
  779         (4)(a) Effective July 1, 2010, an applicant for a Class “D”
  780  license must submit proof of successful completion of complete a
  781  minimum of 40 hours of professional training at a school or
  782  training facility licensed by the department. The training must
  783  be provided in two parts, one 24-hour course and one 16-hour
  784  course. The department shall by rule establish the general
  785  content and number of hours of each subject area to be taught.
  786         (b) An individual who submits an application for a Class
  787  “D” license on or after January 1, 2007, through June 30, 2010,
  788  who has not completed the 16-hour course must submit proof of
  789  successful completion of the course within 180 days after the
  790  date the application is submitted. If documentation of
  791  completion of the required training is not submitted by that
  792  date, the individual’s license is automatically suspended until
  793  proof of the required training is submitted to the department.
  794  This section does not require a person licensed before January
  795  1, 2007, to complete additional training hours in order to renew
  796  an active license beyond the required total amount of training
  797  within the timeframe prescribed by law at the time he or she was
  798  licensed. An applicant may fulfill the training requirement
  799  prescribed in paragraph (a) by submitting proof of:
  800         1. Successful completion of the total number of required
  801  hours of training before initial application for a Class “D”
  802  license; or
  803         2. Successful completion of 24 hours of training before
  804  initial application for a Class “D” license and successful
  805  completion of the remaining 16 hours of training within 180 days
  806  after the date that the application is submitted. If
  807  documentation of completion of the required training is not
  808  submitted within the specified timeframe, the individual’s
  809  license is automatically suspended until such time as proof of
  810  the required training is provided to the department.
  811         (c) An individual However, any person whose license is
  812  suspended or has been revoked, suspended pursuant to paragraph
  813  (b) subparagraph 2., or is expired for at least 1 year, or
  814  longer is considered, upon reapplication for a license, an
  815  initial applicant and must submit proof of successful completion
  816  of 40 hours of professional training at a school or training
  817  facility licensed by the department as provided prescribed in
  818  paragraph (a) before a license is will be issued. Any person
  819  whose license was issued before January 1, 2007, and whose
  820  license has been expired for less than 1 year must, upon
  821  reapplication for a license, submit documentation of completion
  822  of the total number of hours of training prescribed by law at
  823  the time her or his initial license was issued before another
  824  license will be issued. This subsection does not require an
  825  individual licensed before January 1, 2007, to complete
  826  additional training hours in order to renew an active license,
  827  beyond the required total amount of training within the
  828  timeframe prescribed by law at the time she or he was licensed.
  829         Section 18. Subsection (2) of section 493.6304, Florida
  830  Statutes, is amended to read:
  831         493.6304 Security officer school or training facility.—
  832         (2) The application shall be signed and verified by the
  833  applicant under oath as provided in s. 92.525 notarized and
  834  shall contain, at a minimum, the following information:
  835         (a) The name and address of the school or training facility
  836  and, if the applicant is an individual, her or his name,
  837  address, and social security or alien registration number.
  838         (b) The street address of the place at which the training
  839  is to be conducted.
  840         (c) A copy of the training curriculum and final examination
  841  to be administered.
  842         Section 19. Subsections (7) and (8) of section 493.6401,
  843  Florida Statutes, are amended to read:
  844         493.6401 Classes of licenses.—
  845         (7) Any person who operates a recovery agent repossessor
  846  school or training facility or who conducts an Internet-based
  847  training course or a correspondence training course must have a
  848  Class “RS” license.
  849         (8) Any individual who teaches or instructs at a Class “RS”
  850  recovery agent repossessor school or training facility shall
  851  have a Class “RI” license.
  852         Section 20. Paragraphs (f) and (g) of subsection (1) and
  853  subsection (3) of section 493.6402, Florida Statutes, are
  854  amended to read:
  855         493.6402 Fees.—
  856         (1) The department shall establish by rule biennial license
  857  fees which shall not exceed the following:
  858         (f) Class “RS” license—recovery agent repossessor school or
  859  training facility: $60.
  860         (g) Class “RI” license—recovery agent repossessor school or
  861  training facility instructor: $60.
  862         (3) The fees set forth in this section must be paid by
  863  certified check or money order, or, at the discretion of the
  864  department, by agency check at the time the application is
  865  approved, except that the applicant for a Class “E,” Class “EE,”
  866  or Class “MR” license must pay the license fee at the time the
  867  application is made. If a license is revoked or denied, or if an
  868  application is withdrawn, the license fee shall not be refunded.
  869         Section 21. Subsections (1) and (2) of section 493.6406,
  870  Florida Statutes, are amended to read:
  871         493.6406 Recovery agent Repossession services school or
  872  training facility.—
  873         (1) Any school, training facility, or instructor who offers
  874  the training outlined in s. 493.6403(2) for Class “E” or Class
  875  “EE” applicants shall, before licensure of such school, training
  876  facility, or instructor, file with the department an application
  877  accompanied by an application fee in an amount to be determined
  878  by rule, not to exceed $60. The fee shall not be refundable.
  879  This training may be offered as face-to-face training, Internet
  880  based training, or correspondence training.
  881         (2) The application shall be signed and verified by the
  882  applicant under oath as provided in s. 92.525 notarized and
  883  shall contain, at a minimum, the following information:
  884         (a) The name and address of the school or training facility
  885  and, if the applicant is an individual, his or her name,
  886  address, and social security or alien registration number.
  887         (b) The street address of the place at which the training
  888  is to be conducted or the street address of the Class “RS”
  889  school offering Internet-based or correspondence training.
  890         (c) A copy of the training curriculum and final examination
  891  to be administered.
  892         Section 22. Paragraph (n) of subsection (1) of section
  893  500.03, Florida Statutes, is amended to read:
  894         500.03 Definitions; construction; applicability.—
  895         (1) For the purpose of this chapter, the term:
  896         (n) “Food establishment” means any factory, food outlet, or
  897  any other facility manufacturing, processing, packing, holding,
  898  or preparing food, or selling food at wholesale or retail. The
  899  term does not include any business or activity that is regulated
  900  under chapter 509 or chapter 601. The term includes tomato
  901  packinghouses and repackers but does not include any other
  902  establishments that pack fruits and vegetables in their raw or
  903  natural states, including those fruits or vegetables that are
  904  washed, colored, or otherwise treated in their unpeeled, natural
  905  form before they are marketed.
  906         Section 23. Paragraph (a) of subsection (1) of section
  907  500.12, Florida Statutes, is amended to read:
  908         500.12 Food permits; building permits.—
  909         (1)(a) A food permit from the department is required of any
  910  person who operates a food establishment or retail food store,
  911  except:
  912         1. Persons operating minor food outlets, including, but not
  913  limited to, video stores, which that sell commercially
  914  prepackaged, nonpotentially hazardous candy, chewing gum, soda,
  915  or popcorn, provided the shelf space for those items does not
  916  exceed 12 linear feet and no other food is sold by the minor
  917  food outlet.
  918         2. Persons subject to continuous, onsite federal or state
  919  inspection.
  920         3. Persons selling only legumes in the shell, either
  921  parched, roasted, or boiled.
  922         4. Persons selling food directly to the end consumer at
  923  farmers’ markets, roadside stands, or from a ranch or farm which
  924  has been grown, washed, prepared, or packaged sugar cane or
  925  sorghum syrup that has been boiled and bottled on a premise
  926  located within the state. The packaging Such bottles must
  927  contain a label listing the producer’s name and street address,
  928  all added ingredients, the net weight or volume of product, and
  929  a statement that reads “This product has not been produced in a
  930  facility permitted by the Florida Department of Agriculture and
  931  Consumer Services.” To ensure food safety protection standards,
  932  each person who sells food directly to the end consumer and who
  933  is responsible for the storage, preparation, display, or serving
  934  of foods to the end consumer shall be trained and certified
  935  consistent with the conference standards for Accreditation of
  936  Food Protection Manager Certification Programs adopted by the
  937  Conference for Food Protection.
  938         Section 24. Section 500.70, Florida Statutes, is created to
  939  read:
  940         500.70 Tomato food safety standards; inspections;
  941  penalties; tomato good agricultural practices; tomato best
  942  management practices.—
  943         (1) As used in this section, the term:
  944         (a) “Field packing” means the packing of tomatoes on a
  945  tomato farm or in a tomato greenhouse into containers for sale
  946  for human consumption without transporting the tomatoes to a
  947  packinghouse.
  948         (b) “Packing” or “repacking” means the packing of tomatoes
  949  into containers for sale for human consumption. The term
  950  includes the sorting or separating of tomatoes into grades and
  951  sizes. The term also includes field packing.
  952         (c) “Producing” means the planting, growing, or cultivating
  953  of tomatoes on a tomato farm or in a tomato greenhouse for sale
  954  for human consumption.
  955         (2) The department may adopt rules establishing food safety
  956  standards to safeguard the public health and promote the public
  957  welfare by protecting the consuming public from injury caused by
  958  the adulteration or the microbiological, chemical, or
  959  radiological contamination of tomatoes. The rules must be based
  960  on federal requirements, available scientific research,
  961  generally accepted industry practices, or recommendations of
  962  food safety professionals. The rules shall apply to the
  963  producing, harvesting, packing, and repacking of tomatoes for
  964  sale for human consumption by a tomato farm, tomato greenhouse,
  965  or tomato packinghouse or repacker in this state. The rules may
  966  include, but are not limited to, standards for:
  967         (a) Registration with the department of a person who
  968  produces, harvests, packs, or repacks tomatoes in this state who
  969  does not hold a food permit issued under s. 500.12.
  970         (b) Proximity of domestic animals and livestock to the
  971  production areas for tomatoes.
  972         (c) Food safety related use of water for irrigation during
  973  production and washing of tomatoes after harvest.
  974         (d) Use of fertilizers.
  975         (e) Cleaning and sanitation of containers, materials,
  976  equipment, vehicles, and facilities, including storage and
  977  ripening areas.
  978         (f) Health, hygiene, and sanitation of employees who handle
  979  tomatoes.
  980         (g) Training and continuing education of a person who
  981  produces, harvests, packs, or repacks tomatoes in this state,
  982  and the person’s employees who handle tomatoes.
  983         (h) Labeling and recordkeeping, including standards for
  984  identifying and tracing tomatoes for sale for human consumption.
  985         (3)(a) The department may inspect tomato farms, tomato
  986  greenhouses, tomato packinghouses, repacking locations, or any
  987  vehicle being used to transport or hold tomatoes to ensure
  988  compliance with the applicable provisions of this chapter and
  989  the rules adopted under this chapter.
  990         (b) The department may impose an administrative fine not to
  991  exceed $5,000 per violation, or issue a written notice or
  992  warning under s. 500.179, against a person who violates any
  993  applicable provision of this section or any rule adopted under
  994  this section.
  995         (4)(a) The department may adopt rules establishing tomato
  996  good agricultural practices and tomato best management practices
  997  for the state’s tomato industry based on applicable federal
  998  requirements, available scientific research, generally accepted
  999  industry practices, or recommendations of food safety
 1000  professionals.
 1001         (b) A person who documents compliance with the department’s
 1002  rules, tomato good agricultural practices, and tomato best
 1003  management practices is presumed to introduce tomatoes into the
 1004  stream of commerce which are safe for human consumption, unless
 1005  the department identifies noncompliance through inspections.
 1006         (5) Subsections (2) and (4) do not apply to tomatoes sold
 1007  by the grower on the premises at which the tomatoes are grown or
 1008  at a local farmers’ market, if the quantity of tomatoes sold
 1009  does not exceed two 25-pound boxes per customer.
 1010         (6) The department may adopt rules pursuant to ss.
 1011  120.536(1) and 120.54 to administer this section.
 1012         Section 25. Paragraph (a) of subsection (2) of section
 1013  501.605, Florida Statutes, is amended to read:
 1014         501.605 Licensure of commercial telephone sellers.—
 1015         (2) An applicant for a license as a commercial telephone
 1016  seller must submit to the department, in such form as it
 1017  prescribes, a written application for the license. The
 1018  application must set forth the following information:
 1019         (a) The true name, date of birth, driver’s license number,
 1020  social security number, and home address of the applicant,
 1021  including each name under which he or she intends to do
 1022  business.
 1023  
 1024  The application shall be accompanied by a copy of any: Script,
 1025  outline, or presentation the applicant will require or suggest a
 1026  salesperson to use when soliciting, or, if no such document is
 1027  used, a statement to that effect; sales information or
 1028  literature to be provided by the applicant to a salesperson; and
 1029  sales information or literature to be provided by the applicant
 1030  to a purchaser in connection with any solicitation.
 1031         Section 26. Paragraph (a) of subsection (1) of section
 1032  501.607, Florida Statutes, is amended to read:
 1033         501.607 Licensure of salespersons.—
 1034         (1) An applicant for a license as a salesperson must submit
 1035  to the department, in such form as it prescribes, a written
 1036  application for a license. The application must set forth the
 1037  following information:
 1038         (a) The true name, date of birth, driver’s license number,
 1039  social security number, and home address of the applicant.
 1040         Section 27. Subsection (2) of section 501.913, Florida
 1041  Statutes, is amended to read:
 1042         501.913 Registration.—
 1043         (2) The completed application shall be accompanied by:
 1044         (a) Specimens or facsimiles of the label for each brand of
 1045  antifreeze;
 1046         (b) An application fee of $200 for each brand; and
 1047         (c) A properly labeled sample of at least 1 gallon, but not
 1048  more than 2 gallons, of each brand of antifreeze.
 1049         Section 28. Subsection (2) of section 525.01, Florida
 1050  Statutes, is amended to read:
 1051         525.01 Gasoline and oil to be inspected.—
 1052         (2) All petroleum fuels are shall be subject to inspection
 1053  and analysis by the department. Before selling or offering for
 1054  sale in this state any petroleum fuel, all manufacturers,
 1055  terminal suppliers, wholesalers, and importers as defined in s.
 1056  206.01 jobbers shall file with the department:
 1057         (a) An affidavit stating that they desire to do business in
 1058  this state, and the name and address of the manufacturer of the
 1059  petroleum fuel.
 1060         (b) An affidavit stating that the petroleum fuel is in
 1061  conformity with the standards prescribed by department rule.
 1062         Section 29. Subsections (1) and (3) of section 525.09,
 1063  Florida Statutes, are amended to read:
 1064         525.09 Inspection fee.—
 1065         (1) For the purpose of defraying the expenses incident to
 1066  inspecting, testing, and analyzing petroleum fuels in this
 1067  state, there shall be paid to the department a charge of one
 1068  eighth cent per gallon on all gasoline, alternative fuel
 1069  containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
 1070  kerosene (except when used as aviation turbine fuel), and #1
 1071  fuel oil for sale or use in this state. This inspection fee
 1072  shall be imposed in the same manner as the motor fuel tax
 1073  pursuant to s. 206.41. Payment shall be made on or before the
 1074  25th day of each month.
 1075         (3) All remittances to the department for the inspection
 1076  tax herein provided shall be accompanied by a detailed report
 1077  under oath showing the number of gallons of gasoline,
 1078  alternative fuel containing alcohol as defined in s.
 1079  525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
 1080  in each county.
 1081         Section 30. Section 526.50, Florida Statutes, is amended to
 1082  read:
 1083         526.50 Definition of terms.—As used in this part:
 1084         (1) “Brake fluid” means the fluid intended for use as the
 1085  liquid medium through which force is transmitted in the
 1086  hydraulic brake system of a vehicle operated upon the highways.
 1087         (2) “Brand” means the product name appearing on the label
 1088  of a container of brake fluid.
 1089         (3)“Container” means any receptacle in which brake fluid
 1090  is immediately contained when sold, but does not mean a carton
 1091  or wrapping in which a number of such receptacles are shipped or
 1092  stored or a tank car or truck.
 1093         (4)(2) “Department” means the Department of Agriculture and
 1094  Consumer Services.
 1095         (5) “Formula” means the name of the chemical mixture or
 1096  composition of the brake fluid product.
 1097         (3)“Sell” includes give, distribute, barter, exchange,
 1098  trade, keep for sale, offer for sale or expose for sale, in any
 1099  of their variant forms.
 1100         (6)(4) “Labeling” includes all written, printed or graphic
 1101  representations, in any form whatsoever, imprinted upon or
 1102  affixed to any container of brake fluid.
 1103         (5)“Container” means any receptacle in which brake fluid
 1104  is immediately contained when sold, but does not mean a carton
 1105  or wrapping in which a number of such receptacles are shipped or
 1106  stored or a tank car or truck.
 1107         (7)(6) “Permit year” means a period of 12 months commencing
 1108  July 1 and ending on the next succeeding June 30.
 1109         (8)(7) “Registrant” means any manufacturer, packer,
 1110  distributor, seller, or other person who has registered a brake
 1111  fluid with the department.
 1112         (9)“Sell” includes give, distribute, barter, exchange,
 1113  trade, keep for sale, offer for sale or expose for sale, in any
 1114  of their variant forms.
 1115         Section 31. Section 526.51, Florida Statutes, is amended to
 1116  read:
 1117         526.51 Registration; renewal and fees; departmental
 1118  expenses; cancellation or refusal to issue or renew.—
 1119         (1)(a) Application for registration of each brand of brake
 1120  fluid shall be made on forms to be supplied by the department.
 1121  The applicant shall give his or her name and address and the
 1122  brand name of the brake fluid, state that he or she owns the
 1123  brand name and has complete control over the product sold
 1124  thereunder in Florida, and provide the name and address of the
 1125  resident agent in Florida. If the applicant does not own the
 1126  brand name but wishes to register the product with the
 1127  department, a notarized affidavit that gives the applicant full
 1128  authorization to register the brand name and that is signed by
 1129  the owner of the brand name must accompany the application for
 1130  registration. The affidavit must include all affected brand
 1131  names, the owner’s company or corporate name and address, the
 1132  applicant’s company or corporate name and address, and a
 1133  statement from the owner authorizing the applicant to register
 1134  the product with the department. The owner of the brand name
 1135  shall maintain complete control over each product sold under
 1136  that brand name in this state. All first-time brand-formula
 1137  combination new product applications must be accompanied by a
 1138  certified report from an independent testing laboratory, setting
 1139  forth the analysis of the brake fluid which shall show its
 1140  quality to be not less than the specifications established by
 1141  the department for brake fluids. A sample of not less than 24
 1142  fluid ounces of brake fluid shall be submitted, in a container
 1143  or containers, with labels representing exactly how the
 1144  containers of brake fluid will be labeled when sold, and the
 1145  sample and container shall be analyzed and inspected by the
 1146  Division of Standards in order that compliance with the
 1147  department’s specifications and labeling requirements may be
 1148  verified. Upon approval of the application, the department shall
 1149  register the brand name of the brake fluid and issue to the
 1150  applicant a permit authorizing the registrant to sell the brake
 1151  fluid in this state during the permit year specified in the
 1152  permit.
 1153         (b) Each applicant shall pay a fee of $100 with each
 1154  application. An applicant seeking reregistration of a previously
 1155  registered brand-formula combination must submit a completed
 1156  application and all materials required under this subsection to
 1157  the department before the first day of the permit year. A brand
 1158  formula combination for which a completed application and all
 1159  materials required under this subsection are not received before
 1160  the first day of the permit year ceases to be registered with
 1161  the department until a completed application and all materials
 1162  required under this subsection are received and approved. Any
 1163  fee, application, or materials received after the first day of
 1164  the permit year, if the brand-formula combination was previously
 1165  registered with the department, A permit may be renewed by
 1166  application to the department, accompanied by a renewal fee of
 1167  $50 on or before the last day of the permit year immediately
 1168  preceding the permit year for which application is made for
 1169  renewal of registration. To any fee not paid when due, there
 1170  shall accrue a penalty of $25, which shall be added to the
 1171  renewal fee. Renewals will be accepted only on brake fluids that
 1172  have no change in formula, composition, or brand name. Any
 1173  change in formula, composition, or brand name of any brake fluid
 1174  constitutes a new product that must be registered in accordance
 1175  with this part.
 1176         (2) All fees collected under the provisions of this section
 1177  shall be credited to the General Inspection Trust Fund of the
 1178  department and all expenses incurred in the enforcement of this
 1179  part shall be paid from said fund.
 1180         (3) The department may cancel or, refuse to issue or refuse
 1181  to renew any registration and permit after due notice and
 1182  opportunity to be heard if it finds that the brake fluid is
 1183  adulterated or misbranded or that the registrant has failed to
 1184  comply with the provisions of this part or the rules and
 1185  regulations promulgated thereunder.
 1186         Section 32. Paragraph (a) of subsection (3) of section
 1187  526.52, Florida Statutes, is amended to read:
 1188         526.52 Specifications; adulteration and misbranding.—
 1189         (3) Brake fluid is deemed to be misbranded:
 1190         (a) If its container does not bear on its side or top a
 1191  label on which is printed the name and place of business of the
 1192  registrant of the product, the words “brake fluid,” and a
 1193  statement that the product therein equals or exceeds the minimum
 1194  specification of the Society of Automotive Engineers for heavy
 1195  duty-type brake fluid or equals or exceeds Federal Motor Vehicle
 1196  Safety Standard No. 116 adopted by the United States Department
 1197  of Transportation, heavy-duty-type. By regulation the department
 1198  may require that the duty-type classification appear on the
 1199  label.
 1200         Section 33. Subsection (2) of section 526.53, Florida
 1201  Statutes, is amended to read:
 1202         526.53 Enforcement; inspection and analysis, stop-sale and
 1203  disposition, regulations.—
 1204         (2)(a) When any brake fluid is sold in violation of any of
 1205  the provisions of this part, all such affected brake fluid of
 1206  the same brand name on the same premises on which the violation
 1207  occurred shall be placed under a stop-sale order by the
 1208  department by serving the owner of the brand name, distributor,
 1209  or other entity responsible for selling or distributing the
 1210  product in the state with the stop-sale order. The department
 1211  shall withdraw its stop-sale order upon the removal of the
 1212  violation or upon voluntary destruction of the product, or other
 1213  disposal approved by the department, under the supervision of
 1214  the department.
 1215         (b) In addition to being subject to the stop-sale
 1216  procedures above, unregistered brake fluid shall be held by the
 1217  department or its representative, at a place to be designated in
 1218  the stop-sale order, until properly registered and released in
 1219  writing by the department or its representative. If application
 1220  is has not been made for registration of the such product within
 1221  30 days after issue of the stop-sale order, such product shall
 1222  be disposed of by the department, or, with the department’s
 1223  consent, by the business, to any tax-supported institution or
 1224  agency of the state if the brake fluid meets legal
 1225  specifications or by other disposal authorized by rule of the
 1226  department if it fails to meet legal specifications.
 1227         Section 34. Subsections (1) and (3) and paragraphs (a) and
 1228  (c) of subsection (5) of section 527.0201, Florida Statutes, are
 1229  amended to read:
 1230         527.0201 Qualifiers; master qualifiers; examinations.—
 1231         (1) In addition to the requirements of s. 527.02, any
 1232  person applying for a license to engage in the activities of a
 1233  pipeline system operator, category I liquefied petroleum gas
 1234  dealer, category II liquefied petroleum gas dispenser, category
 1235  IV liquefied petroleum gas dispenser and recreational vehicle
 1236  servicer, category V liquefied petroleum gases dealer for
 1237  industrial uses only, LP gas installer, specialty installer,
 1238  requalifier requalification of cylinders, or fabricator,
 1239  repairer, and tester of vehicles and cargo tanks must prove
 1240  competency by passing a written examination administered by the
 1241  department or its agent with a grade of at least 75 percent in
 1242  each area tested or above. Each applicant for examination shall
 1243  submit a $20 nonrefundable fee. The department shall by rule
 1244  specify the general areas of competency to be covered by each
 1245  examination and the relative weight to be assigned in grading
 1246  each area tested.
 1247         (3) Qualifier cards issued to category I liquefied
 1248  petroleum gas dealers and liquefied petroleum gas installers
 1249  shall expire 3 years after the date of issuance. All category I
 1250  liquefied petroleum gas dealer qualifiers and liquefied
 1251  petroleum gas installer qualifiers holding a valid qualifier
 1252  card upon the effective date of this act shall retain their
 1253  qualifier status until July 1, 2003, and may sit for the master
 1254  qualifier examination at any time during that time period. All
 1255  such category I liquefied petroleum gas dealer qualifiers and
 1256  liquefied petroleum gas installer qualifiers may renew their
 1257  qualification on or before July 1, 2003, upon application to the
 1258  department, payment of a $20 renewal fee, and documentation of
 1259  the completion of a minimum of 16 12 hours of approved
 1260  continuing education courses, as defined by department rule,
 1261  during the previous 3-year period. Applications for renewal must
 1262  be made 30 calendar days prior to expiration. Persons failing to
 1263  renew prior to the expiration date must reapply and take a
 1264  qualifier competency examination in order to reestablish
 1265  category I liquefied petroleum gas dealer qualifier and
 1266  liquefied petroleum gas installer qualifier status. If a
 1267  category I liquefied petroleum gas qualifier or liquefied
 1268  petroleum gas installer qualifier becomes a master qualifier at
 1269  any time during the effective date of the qualifier card, the
 1270  card shall remain in effect until expiration of the master
 1271  qualifier certification.
 1272         (5) In addition to all other licensing requirements, each
 1273  category I liquefied petroleum gas dealer and liquefied
 1274  petroleum gas installer must, at the time of application for
 1275  licensure, identify to the department one master qualifier who
 1276  is a full-time employee at the licensed location. This person
 1277  shall be a manager, owner, or otherwise primarily responsible
 1278  for overseeing the operations of the licensed location and must
 1279  provide documentation to the department as provided by rule. The
 1280  master qualifier requirement shall be in addition to the
 1281  requirements of subsection (1).
 1282         (a) In order to apply for certification as a master
 1283  qualifier, each applicant must be a category I liquefied
 1284  petroleum gas dealer qualifier or liquefied petroleum gas
 1285  installer qualifier, must be employed by a licensed category I
 1286  liquefied petroleum gas dealer, liquefied petroleum gas
 1287  installer, or applicant for such license, must provide
 1288  documentation of a minimum of 1 year’s work experience in the
 1289  gas industry, and must pass a master qualifier competency
 1290  examination. Master qualifier examinations shall be based on
 1291  Florida’s laws, rules, and adopted codes governing liquefied
 1292  petroleum gas safety, general industry safety standards, and
 1293  administrative procedures. The examination must be successfully
 1294  passed completed by the applicant with a grade of at least 75
 1295  percent or more. Each applicant for master qualifier status
 1296  shall submit to the department a nonrefundable $30 examination
 1297  fee prior to the examination.
 1298         (c) Master qualifier status shall expire 3 years after the
 1299  date of issuance of the certificate and may be renewed by
 1300  submission to the department of documentation of completion of
 1301  at least 16 12 hours of approved continuing education courses
 1302  during the 3-year period; proof of employment with a licensed
 1303  category I liquefied petroleum gas dealer, liquefied petroleum
 1304  gas installer, or applicant; and a $30 certificate renewal fee.
 1305  The department shall define, by rule, approved courses of
 1306  continuing education.
 1307         Section 35. Section 527.12, Florida Statutes, is amended to
 1308  read:
 1309         527.12 Cease and desist orders; stop-use orders; stop
 1310  operation orders; stop-sale orders; administrative fines.—
 1311         (1) Whenever the department has shall have reason to
 1312  believe that any person is violating or has violated been
 1313  violating provisions of this chapter or any rules adopted under
 1314  this chapter pursuant thereto, the department it may issue a
 1315  cease and desist order, or impose a civil penalty, or do both
 1316  may issue such cease and desist order and impose a civil
 1317  penalty.
 1318         (2) Whenever a person or liquefied petroleum gas system or
 1319  storage facility, or any part or component thereof, fails to
 1320  comply with this chapter or any rules adopted under this
 1321  chapter, the department may issue a stop-use order, stop
 1322  operation order, or stop-sale order.
 1323         Section 36. Subsection (1) of section 559.805, Florida
 1324  Statutes, is amended to read:
 1325         559.805 Filings with the department; disclosure of
 1326  advertisement identification number.—
 1327         (1) Every seller of a business opportunity shall annually
 1328  file with the department a copy of the disclosure statement
 1329  required by s. 559.803 before prior to placing an advertisement
 1330  or making any other representation designed to offer to, sell
 1331  to, or solicit an offer to buy a business opportunity from a
 1332  prospective purchaser in this state and shall update this filing
 1333  by reporting any material change in the required information
 1334  within 30 days after the material change occurs. An
 1335  advertisement is not placed in the state merely because the
 1336  publisher circulates, or there is circulated on his or her
 1337  behalf in the state, any bona fide newspaper or other
 1338  publication of general, regular, and paid circulation which has
 1339  had more than two-thirds of its circulation during the past 12
 1340  months outside the state or because a radio or television
 1341  program originating outside the state is received in the state.
 1342  If the seller is required by s. 559.807 to provide a bond or
 1343  establish a trust account or guaranteed letter of credit, he or
 1344  she shall contemporaneously file with the department a copy of
 1345  the bond, a copy of the formal notification by the depository
 1346  that the trust account is established, or a copy of the
 1347  guaranteed letter of credit. Every seller of a business
 1348  opportunity shall file with the department a list of independent
 1349  agents who will engage in the offer or sale of business
 1350  opportunities on behalf of the seller in this state. This list
 1351  must be kept current and shall include the following
 1352  information: name, home and business address, telephone number,
 1353  present employer, social security number, and birth date. A No
 1354  person may not shall be allowed to offer or sell business
 1355  opportunities unless the required information is has been
 1356  provided to the department.
 1357         Section 37. Subsection (3) of section 559.928, Florida
 1358  Statutes, is amended to read:
 1359         559.928 Registration.—
 1360         (3) Each independent agent shall annually file an affidavit
 1361  with the department before prior to engaging in business in this
 1362  state. This affidavit must include the independent agent’s full
 1363  name, legal business or trade name, mailing address, business
 1364  address, telephone number, social security number, and the name
 1365  or names and addresses of each seller of travel represented by
 1366  the independent agent. A letter evidencing proof of filing must
 1367  be issued by the department and must be prominently displayed in
 1368  the independent agent’s primary place of business. Each
 1369  independent agent must also submit an annual registration fee of
 1370  $50. All moneys collected pursuant to the imposition of the fee
 1371  shall be deposited by the Chief Financial Officer into the
 1372  General Inspection Trust Fund of the Department of Agriculture
 1373  and Consumer Services for the sole purpose of administrating
 1374  this part. As used in this subsection, the term “independent
 1375  agent” means a person who represents a seller of travel by
 1376  soliciting persons on its behalf; who has a written contract
 1377  with a seller of travel which is operating in compliance with
 1378  this part and any rules adopted thereunder; who does not receive
 1379  a fee, commission, or other valuable consideration directly from
 1380  the purchaser for the seller of travel; who does not at any time
 1381  have any unissued ticket stock or travel documents in his or her
 1382  possession; and who does not have the ability to issue tickets,
 1383  vacation certificates, or any other travel document. The term
 1384  “independent agent” does not include an affiliate of the seller
 1385  of travel, as that term is used in s. 559.935(3), or the
 1386  employees of the seller of travel or of such affiliates.
 1387         Section 38. Subsection (10) of section 570.07, Florida
 1388  Statutes, is amended to read:
 1389         570.07 Department of Agriculture and Consumer Services;
 1390  functions, powers, and duties.—The department shall have and
 1391  exercise the following functions, powers, and duties:
 1392         (10) To act as adviser to producers and distributors, when
 1393  requested, and to assist them in the economical and efficient
 1394  distribution of their agricultural products, and to encourage
 1395  cooperative effort among producers to gain economical and
 1396  efficient production of agricultural products, and to adopt
 1397  rules establishing comprehensive best management practices for
 1398  agricultural production and food safety.
 1399         Section 39. Subsection (7) of section 570.0725, Florida
 1400  Statutes, is amended to read:
 1401         570.0725 Food recovery; legislative intent; department
 1402  functions.—
 1403         (7) For public information purposes, the department may
 1404  shall develop and provide a public information brochure
 1405  detailing the need for food banks and similar of food recovery
 1406  programs, the benefit of such food recovery programs, the manner
 1407  in which such organizations may become involved in such food
 1408  recovery programs, and the protection afforded to such programs
 1409  under s. 768.136, and the food recovery entities or food banks
 1410  that exist in the state. This brochure must be updated annually.
 1411  A food bank or similar food recovery organization seeking to be
 1412  included on a list of such organizations must notify the
 1413  department and provide the information required by rule of the
 1414  department. Such organizations are responsible for updating the
 1415  information and providing the updated information to the
 1416  department. The department may adopt rules to implement this
 1417  section.
 1418         Section 40. Paragraph (e) of subsection (2) of section
 1419  570.48, Florida Statutes, is amended to read:
 1420         570.48 Division of Fruit and Vegetables; powers and duties;
 1421  records.—The duties of the Division of Fruit and Vegetables
 1422  include, but are not limited to:
 1423         (2)
 1424         (e) Performing tomato food safety inspections under s.
 1425  500.70 on tomato farms, in tomato greenhouses, and in tomato
 1426  packinghouses and repackers.
 1427         Section 41. Paragraph (e) of subsection (6) of section
 1428  570.53, Florida Statutes, is amended to read:
 1429         570.53 Division of Marketing and Development; powers and
 1430  duties.—The powers and duties of the Division of Marketing and
 1431  Development include, but are not limited to:
 1432         (6)
 1433         (e) Extending in every practicable way the distribution and
 1434  sale of Florida agricultural products throughout the markets of
 1435  the world as required of the department by s. ss. 570.07(7),
 1436  (8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
 1437         Section 42. Subsection (2) of section 570.54, Florida
 1438  Statutes, is amended to read:
 1439         570.54 Director; duties.—
 1440         (2) It shall be the duty of the director of this division
 1441  to supervise, direct, and coordinate the activities authorized
 1442  by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
 1443  (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
 1444  chapters 504, 571, 573, and 574 and to exercise other powers and
 1445  authority as authorized by the department.
 1446         Section 43. Subsection (4) of section 570.55, Florida
 1447  Statutes, is amended to read:
 1448         570.55 Identification of sellers or handlers of tropical or
 1449  subtropical fruit and vegetables; containers specified;
 1450  penalties.—
 1451         (4) IDENTIFICATION OF HANDLER.—At the time of each
 1452  transaction involving the handling or sale of 55 pounds or more
 1453  of tropical or subtropical fruit or vegetables in the primary
 1454  channel of trade, the buyer or receiver of the tropical or
 1455  subtropical fruit or vegetables shall demand a bill of sale,
 1456  invoice, sales memorandum, or other document listing the date of
 1457  the transaction, the quantity of the tropical or subtropical
 1458  fruit or vegetables involved in the transaction, and the
 1459  identification of the seller or handler as it appears on the
 1460  driver’s license of the seller or handler, including the
 1461  driver’s license number. If the seller or handler does not
 1462  possess a driver’s license, the buyer or receiver shall use any
 1463  other acceptable means of identification, which may include, but
 1464  is not limited to, i.e., voter’s registration card and number,
 1465  draft card, social security card, or other identification.
 1466  However, no less than two identification documents shall be
 1467  used. The identification of the seller or handler shall be
 1468  recorded on the bill of sale, sales memorandum, invoice, or
 1469  voucher, which shall be retained by the buyer or receiver for a
 1470  period of not less than 1 year from the date of the transaction.
 1471         Section 44. Subsection (3) of section 570.902, Florida
 1472  Statutes, is amended to read:
 1473         570.902 Definitions; ss. 570.902 and 570.903.—For the
 1474  purpose of ss. 570.902 and 570.903:
 1475         (3) “Museum” means the Florida Agricultural Museum which is
 1476  designated as the museum for agriculture and rural history of
 1477  the State of Florida.
 1478         Section 45. Section 570.903, Florida Statutes, is amended
 1479  to read:
 1480         570.903 Direct-support organization.—
 1481         (1) When the Legislature authorizes the establishment of a
 1482  direct-support organization to provide assistance for the
 1483  museums, the Florida Agriculture in the Classroom Program, the
 1484  Florida State Collection of Arthropods, the Friends of the
 1485  Florida State Forests Program of the Division of Forestry, and
 1486  the Forestry Arson Alert Program, and other programs of the
 1487  department, the following provisions shall govern the creation,
 1488  use, powers, and duties of the direct-support organization.
 1489         (a) The department shall enter into a memorandum or letter
 1490  of agreement with the direct-support organization, which shall
 1491  specify the approval of the department, the powers and duties of
 1492  the direct-support organization, and rules with which the
 1493  direct-support organization shall comply.
 1494         (b) The department may permit, without charge, appropriate
 1495  use of property, facilities, and personnel of the department by
 1496  a direct-support organization, subject to the provisions of ss.
 1497  570.902 and 570.903. The use shall be directly in keeping with
 1498  the approved purposes of the direct-support organization and
 1499  shall not be made at times or places that would unreasonably
 1500  interfere with opportunities for the general public to use
 1501  department facilities for established purposes.
 1502         (c) The department shall prescribe by contract or by rule
 1503  conditions with which a direct-support organization shall comply
 1504  in order to use property, facilities, or personnel of the
 1505  department or museum. Such rules shall provide for budget and
 1506  audit review and oversight by the department.
 1507         (d) The department shall not permit the use of property,
 1508  facilities, or personnel of the museum, department, or
 1509  designated program by a direct-support organization which does
 1510  not provide equal employment opportunities to all persons
 1511  regardless of race, color, religion, sex, age, or national
 1512  origin.
 1513         (2)(a) The direct-support organization shall be empowered
 1514  to conduct programs and activities; raise funds; request and
 1515  receive grants, gifts, and bequests of money; acquire, receive,
 1516  hold, invest, and administer, in its own name, securities,
 1517  funds, objects of value, or other property, real or personal;
 1518  and make expenditures to or for the direct or indirect benefit
 1519  of the museum or designated program.
 1520         (b) Notwithstanding the provisions of s. 287.057, the
 1521  direct-support organization may enter into contracts or
 1522  agreements with or without competitive bidding for the
 1523  restoration of objects, historical buildings, and other
 1524  historical materials or for the purchase of objects, historical
 1525  buildings, and other historical materials which are to be added
 1526  to the collections of the museum, or benefit of the designated
 1527  program. However, before the direct-support organization may
 1528  enter into a contract or agreement without competitive bidding,
 1529  the direct-support organization shall file a certification of
 1530  conditions and circumstances with the internal auditor of the
 1531  department justifying each contract or agreement.
 1532         (c) Notwithstanding the provisions of s. 287.025(1)(e), the
 1533  direct-support organization may enter into contracts to insure
 1534  property of the museum or designated programs and may insure
 1535  objects or collections on loan from others in satisfying
 1536  security terms of the lender.
 1537         (3) The direct-support organization shall provide for an
 1538  annual financial audit in accordance with s. 215.981.
 1539         (4) Neither a designated program or a museum, nor a
 1540  nonprofit corporation trustee or employee may:
 1541         (a) Receive a commission, fee, or financial benefit in
 1542  connection with the sale or exchange of property historical
 1543  objects or properties to the direct-support organization, the
 1544  museum, or the designated program; or
 1545         (b) Be a business associate of any individual, firm, or
 1546  organization involved in the sale or exchange of property to the
 1547  direct-support organization, the museum, or the designated
 1548  program.
 1549         (5) All moneys received by the direct-support organization
 1550  shall be deposited into an account of the direct-support
 1551  organization and shall be used by the organization in a manner
 1552  consistent with the goals of the museum or designated program.
 1553         (6) The identity of a donor or prospective donor who
 1554  desires to remain anonymous and all information identifying such
 1555  donor or prospective donor are confidential and exempt from the
 1556  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1557  Constitution.
 1558         (7) The Commissioner of Agriculture, or the commissioner’s
 1559  designee, may serve on the board of trustees and the executive
 1560  committee of any direct-support organization established to
 1561  benefit the museum or any designated program.
 1562         (8) The department shall establish by rule archival
 1563  procedures relating to museum artifacts and records. The rules
 1564  shall provide procedures which protect the museum’s artifacts
 1565  and records equivalent to those procedures which have been
 1566  established by the Department of State under chapters 257 and
 1567  267.
 1568         Section 46. Subsection (4) of section 573.118, Florida
 1569  Statutes, is amended to read:
 1570         573.118 Assessment; funds; audit; loans.—
 1571         (4) In the event of levying and collecting of assessments,
 1572  for each fiscal year in which assessment funds are received by
 1573  the department, the department shall maintain records of
 1574  collections and expenditures for each marketing order separately
 1575  within the state’s accounting system. If requested by an
 1576  advisory council, department staff shall cause to be made a
 1577  thorough annual audit of the books and accounts by a certified
 1578  public accountant, such audit to be completed within 60 days
 1579  after the request is received end of the fiscal year. The
 1580  advisory council department and all producers and handlers
 1581  covered by the marketing order shall be provided a copy of the
 1582  properly advised of the details of the annual official audit of
 1583  the accounts as shown by the certified public accountant within
 1584  30 days after completion of the audit.
 1585         Section 47. Subsections (18) through (30) of section
 1586  581.011, Florida Statutes, are renumbered as subsections (17)
 1587  through (29), respectively, and present subsections (17) and
 1588  (20) of that section are amended to read:
 1589         581.011 Definitions.—As used in this chapter:
 1590         (17) “Museum” means the Florida State Collection of
 1591  Arthropods.
 1592         (19)(20) “Nursery” means any grounds or premises on or in
 1593  which nursery stock is grown, propagated, or held for sale or
 1594  distribution, including except where aquatic plant species are
 1595  tended for harvest in the natural environment.
 1596         Section 48. Paragraph (a) of subsection (3) of section
 1597  581.211, Florida Statutes, is amended to read:
 1598         581.211 Penalties for violations.—
 1599         (3)(a)1. In addition to any other provision of law, the
 1600  department may, after notice and hearing, impose an
 1601  administrative fine not exceeding $10,000 $5,000 for each
 1602  violation of this chapter, upon any person, nurseryman, stock
 1603  dealer, agent or plant broker. The fine, when paid, shall be
 1604  deposited in the Plant Industry Trust Fund. In addition, the
 1605  department may place the violator on probation for up to 1 year,
 1606  with conditions.
 1607         2. The imposition of a fine or probation pursuant to this
 1608  subsection may be in addition to or in lieu of the suspension or
 1609  revocation of a certificate of registration or certificate of
 1610  inspection.
 1611         Section 49. Subsection (4) of section 583.01, Florida
 1612  Statutes, is amended to read:
 1613         583.01 Definitions.—For the purpose of this chapter, unless
 1614  elsewhere indicated, the term:
 1615         (4) “Dealer” means any person, firm, or corporation,
 1616  including a producer, processor, retailer, or wholesaler, which
 1617  that sells, offers for sale, or holds for the purpose of sale in
 1618  this state:
 1619         (a) The eggs of a flock of more than 3,000 birds; or
 1620         (b)More than 20,000 head of dressed poultry that is
 1621  produced or processed per calendar year 30 dozen or more eggs or
 1622  its equivalent in any one week, or in excess of 100 pounds of
 1623  dressed poultry in any one week.
 1624         Section 50. Section 583.13, Florida Statutes, is amended to
 1625  read:
 1626         583.13 Labeling and advertising requirements for dressed
 1627  poultry; unlawful acts.—
 1628         (1) It is unlawful for any dealer or broker to sell, offer
 1629  for sale, or hold for the purpose of sale in the state any
 1630  dressed or ready-to-cook poultry in bulk unless the such poultry
 1631  is packed in a container clearly bearing a label, not less than
 1632  3 inches by 5 inches, on which shall be plainly and legibly
 1633  printed, in letters of not less than 1/4 inch high in height,
 1634  the grade and the part name or whole-bird statement of such
 1635  poultry. The grade may be expressed in the term “premium,”
 1636  “good,” or “standard,” or as the grade of another state or
 1637  federal agency the standards of quality of which, by law, are
 1638  equal to the standards of quality provided by this law and rules
 1639  promulgated hereunder.
 1640         (2) It is unlawful to sell unpackaged dressed or ready-to
 1641  cook poultry at retail unless such poultry is labeled by a
 1642  placard immediately adjacent to the poultry or unless each bird
 1643  is individually labeled to show the grade and the part name or
 1644  whole-bird statement. The placard shall be no smaller than 7
 1645  inches by 7 inches in size, and the required labeling
 1646  information shall be legibly and plainly printed on the placard
 1647  in letters not smaller than 1 inch in height.
 1648         (3) It is unlawful to sell packaged dressed or ready-to
 1649  cook poultry at retail unless such poultry is labeled to show
 1650  the grade, the part name or whole-bird statement, the net weight
 1651  of the poultry, and the name and address of the dealer. The size
 1652  of the type on the label must be one-eighth inch or larger. A
 1653  placard immediately adjacent to such poultry may be used to
 1654  indicate the grade and the part name or whole-bird statement,
 1655  but not the net weight of the poultry or the name and address of
 1656  the dealer.
 1657         (4) It is unlawful to use dressed or ready-to-cook poultry
 1658  in bulk in the preparation of food served to the public, or to
 1659  hold such poultry for the purpose of such use, unless the
 1660  poultry when received was packed in a container clearly bearing
 1661  a label, not less than 3 inches by 5 inches, on which was
 1662  plainly and legibly printed, in letters not less than 1/4 one
 1663  fourth inch high in height, the grade and the part name or
 1664  whole-bird statement of such poultry. The grade may be expressed
 1665  in the term “premium,” “good,” or “standard,” or as the grade of
 1666  another state or federal agency the standards of quality of
 1667  which, by law, are equal to the standards of quality provided by
 1668  this law and rules promulgated hereunder.
 1669         (5) It is unlawful to offer dressed or ready-to-cook
 1670  poultry for sale in any advertisement in a newspaper or
 1671  circular, on radio or television, or in any other form of
 1672  advertising without plainly designating in such advertisement
 1673  the grade and the part name or whole-bird statement of such
 1674  poultry.
 1675         Section 51. Section 590.125, Florida Statutes, is amended
 1676  to read:
 1677         590.125 Open burning authorized by the division.—
 1678         (1) DEFINITIONS.—As used in this section, the term:
 1679         (a) “Certified pile burner” means an individual who
 1680  successfully completes the division’s pile burning certification
 1681  program and possesses a valid pile burner certification number.
 1682  “Prescribed burning” means the controlled application of fire in
 1683  accordance with a written prescription for vegetative fuels
 1684  under specified environmental conditions while following
 1685  appropriate precautionary measures that ensure that the fire is
 1686  confined to a predetermined area to accomplish the planned fire
 1687  or land-management objectives.
 1688         (b) “Certified prescribed burn manager” means an individual
 1689  who successfully completes the certified prescribed burning
 1690  certification program of the division and possesses a valid
 1691  certification number.
 1692         (c)“Prescription” means a written plan establishing the
 1693  criteria necessary for starting, controlling, and extinguishing
 1694  a prescribed burn.
 1695         (c)(d) “Extinguished” means: that no spreading flame
 1696         1. For wild land burning or certified prescribed burning,
 1697  that spreading flames do not and no visible flame, smoke, or
 1698  emissions for vegetative land-clearing debris burning, exist.
 1699         2. For vegetative land-clearing debris burning or pile
 1700  burning, that visible flames do not exist.
 1701         3. For vegetative land-clearing debris burning or pile
 1702  burning in an area designated as smoke sensitive by the
 1703  division, that no visible flames, smoke, or emissions exist.
 1704         (d) “Land-clearing operation” means the uprooting or
 1705  clearing of vegetation in connection with the construction of
 1706  buildings and rights-of-way, land development, and mineral
 1707  operations. The term does not include the clearing of yard
 1708  trash.
 1709         (e) “Pile burning” means the burning of silvicultural,
 1710  agricultural, or land-clearing and tree-cutting debris
 1711  originating onsite, which is stacked together in a round or
 1712  linear fashion, including, but not limited to, a windrow.
 1713         (f) “Prescribed burning” means the controlled application
 1714  of fire in accordance with a written prescription for vegetative
 1715  fuels under specified environmental conditions while following
 1716  appropriate precautionary measures that ensure that the fire is
 1717  confined to a predetermined area to accomplish the planned fire
 1718  or land-management objectives.
 1719         (g) “Prescription” means a written plan establishing the
 1720  criteria necessary for starting, controlling, and extinguishing
 1721  a prescribed burn.
 1722         (h) “Yard trash” means vegetative matter resulting from
 1723  landscaping and yard maintenance operations and other such
 1724  routine property cleanup activities. The term includes materials
 1725  such as leaves, shrub trimmings, grass clippings, brush, and
 1726  palm fronds.
 1727         (2) NONCERTIFIED BURNING.—
 1728         (a) Persons may be authorized to burn wild land or
 1729  vegetative land-clearing debris in accordance with this
 1730  subsection if:
 1731         1. There is specific consent of the landowner or his or her
 1732  designee;
 1733         2. Authorization has been obtained from the division or its
 1734  designated agent before starting the burn;
 1735         3. There are adequate firebreaks at the burn site and
 1736  sufficient personnel and firefighting equipment for the control
 1737  of the fire;
 1738         4. The fire remains within the boundary of the authorized
 1739  area;
 1740         5. Someone is present at the burn site until the fire is
 1741  extinguished;
 1742         6. The division does not cancel the authorization; and
 1743         7. The division determines that air quality and fire danger
 1744  are favorable for safe burning.
 1745         (b) A person who burns wild land or vegetative land
 1746  clearing debris in a manner that violates any requirement of
 1747  this subsection commits a misdemeanor of the second degree,
 1748  punishable as provided in s. 775.082 or s. 775.083.
 1749         (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
 1750  PURPOSE.—
 1751         (a) The application of prescribed burning is a land
 1752  management tool that benefits the safety of the public, the
 1753  environment, and the economy of the state. The Legislature finds
 1754  that:
 1755         1. Prescribed burning reduces vegetative fuels within wild
 1756  land areas. Reduction of the fuel load reduces the risk and
 1757  severity of wildfire, thereby reducing the threat of loss of
 1758  life and property, particularly in urban areas.
 1759         2. Most of Florida’s natural communities require periodic
 1760  fire for maintenance of their ecological integrity. Prescribed
 1761  burning is essential to the perpetuation, restoration, and
 1762  management of many plant and animal communities. Significant
 1763  loss of the state’s biological diversity will occur if fire is
 1764  excluded from fire-dependent systems.
 1765         3. Forestland and rangeland constitute significant
 1766  economic, biological, and aesthetic resources of statewide
 1767  importance. Prescribed burning on forestland prepares sites for
 1768  reforestation, removes undesirable competing vegetation,
 1769  expedites nutrient cycling, and controls or eliminates certain
 1770  forest pathogens. On rangeland, prescribed burning improves the
 1771  quality and quantity of herbaceous vegetation necessary for
 1772  livestock production.
 1773         4. The state purchased hundreds of thousands of acres of
 1774  land for parks, preserves, wildlife management areas, forests,
 1775  and other public purposes. The use of prescribed burning for
 1776  management of public lands is essential to maintain the specific
 1777  resource values for which these lands were acquired.
 1778         5. A public education program is necessary to make citizens
 1779  and visitors aware of the public safety, resource, and economic
 1780  benefits of prescribed burning.
 1781         6. Proper training in the use of prescribed burning is
 1782  necessary to ensure maximum benefits and protection for the
 1783  public.
 1784         7. As Florida’s population continues to grow, pressures
 1785  from liability issues and nuisance complaints inhibit the use of
 1786  prescribed burning. Therefore, the division is urged to maximize
 1787  the opportunities for prescribed burning conducted during its
 1788  daytime and nighttime authorization process.
 1789         (b) Certified prescribed burning pertains only to broadcast
 1790  burning for purposes of silviculture, wildlife management,
 1791  ecological maintenance and restoration, and range and pasture
 1792  management. It must be conducted in accordance with this
 1793  subsection and:
 1794         1. May be accomplished only when a certified prescribed
 1795  burn manager is present on site with a copy of the prescription
 1796  from ignition of the burn to its completion.
 1797         2. Requires that a written prescription be prepared before
 1798  receiving authorization to burn from the division.
 1799         3. Requires that the specific consent of the landowner or
 1800  his or her designee be obtained before requesting an
 1801  authorization.
 1802         4. Requires that an authorization to burn be obtained from
 1803  the division before igniting the burn.
 1804         5. Requires that there be adequate firebreaks at the burn
 1805  site and sufficient personnel and firefighting equipment for the
 1806  control of the fire.
 1807         6. Is considered to be in the public interest and does not
 1808  constitute a public or private nuisance when conducted under
 1809  applicable state air pollution statutes and rules.
 1810         7. Is considered to be a property right of the property
 1811  owner if vegetative fuels are burned as required in this
 1812  subsection.
 1813         (c) Neither a property owner nor his or her agent is liable
 1814  pursuant to s. 590.13 for damage or injury caused by the fire or
 1815  resulting smoke or considered to be in violation of subsection
 1816  (2) for burns conducted in accordance with this subsection
 1817  unless gross negligence is proven.
 1818         (d) Any certified burner who violates this section commits
 1819  a misdemeanor of the second degree, punishable as provided in s.
 1820  775.082 or s. 775.083.
 1821         (e) The division shall adopt rules for the use of
 1822  prescribed burning and for certifying and decertifying certified
 1823  prescribed burn managers based on their past experience,
 1824  training, and record of compliance with this section.
 1825         (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
 1826  PURPOSE.—
 1827         (a) Pile burning is a tool that benefits current and future
 1828  generations in Florida by disposing of naturally occurring
 1829  vegetative debris through burning rather than disposing of the
 1830  debris in landfills.
 1831         (b) Certified pile burning pertains to the disposal of
 1832  piled, naturally occurring debris from an agricultural,
 1833  silvicultural, or temporary land-clearing operation. A land
 1834  clearing operation is temporary if it operates for 6 months or
 1835  less. Certified pile burning must be conducted in accordance
 1836  with this subsection, and:
 1837         1. A certified pile burner must ensure, before ignition,
 1838  that the piles are properly placed and that the content of the
 1839  piles is conducive to efficient burning.
 1840         2. A certified pile burner must ensure that the piles are
 1841  properly extinguished no later than 1 hour after sunset. If the
 1842  burn is conducted in an area designated by the division as smoke
 1843  sensitive, a certified pile burner must ensure that the piles
 1844  are properly extinguished at least 1 hour before sunset.
 1845         3. A written pile burn plan must be prepared before
 1846  receiving authorization from the division to burn.
 1847         4. The specific consent of the landowner or his or her
 1848  agent must be obtained before requesting authorization to burn.
 1849         5. An authorization to burn must be obtained from the
 1850  division or its designated agent before igniting the burn.
 1851         6. There must be adequate firebreaks and sufficient
 1852  personnel and firefighting equipment at the burn site to control
 1853  the fire.
 1854         (c) If a burn is conducted in accordance with this
 1855  subsection, the property owner and his or her agent are not
 1856  liable under s. 590.13 for damage or injury caused by the fire
 1857  or resulting smoke, and are not in violation of subsection (2),
 1858  unless gross negligence is proven.
 1859         (d) A certified pile burner who violates this section
 1860  commits a misdemeanor of the second degree, punishable as
 1861  provided in s. 775.082 or s. 775.083.
 1862         (e) The division shall adopt rules regulating certified
 1863  pile burning. The rules shall include procedures and criteria
 1864  for certifying and decertifying certified pile burn managers
 1865  based on past experience, training, and record of compliance
 1866  with this section.
 1867         (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE
 1868  DIVISION.—The division may conduct fuel reduction initiatives,
 1869  including, but not limited to, burning and mechanical and
 1870  chemical treatment, on any area of wild land within the state
 1871  which is reasonably determined to be in danger of wildfire in
 1872  accordance with the following procedures:
 1873         (a) Describe the areas that will receive fuels treatment to
 1874  the affected local governmental entity.
 1875         (b) Publish a treatment notice, including a description of
 1876  the area to be treated, in a conspicuous manner in at least one
 1877  newspaper of general circulation in the area of the treatment
 1878  not less than 10 days before the treatment.
 1879         (c)  Prepare, and send the county tax collector shall
 1880  include with the annual tax statement, a notice to be sent to
 1881  all landowners in each area township designated by the division
 1882  as a wildfire hazard area. The notice must describe particularly
 1883  the area to be treated and the tentative date or dates of the
 1884  treatment and must list the reasons for and the expected
 1885  benefits from the wildfire hazard reduction.
 1886         (d) Consider any landowner objections to the fuels
 1887  treatment of his or her property. The landowner may apply to the
 1888  director of the division for a review of alternative methods of
 1889  fuel reduction on the property. If the director or his or her
 1890  designee does not resolve the landowner objection, the director
 1891  shall convene a panel made up of the local forestry unit
 1892  manager, the fire chief of the jurisdiction, and the affected
 1893  county or city manager, or any of their designees. If the
 1894  panel’s recommendation is not acceptable to the landowner, the
 1895  landowner may request further consideration by the Commissioner
 1896  of Agriculture or his or her designee and shall thereafter be
 1897  entitled to an administrative hearing pursuant to the provisions
 1898  of chapter 120.
 1899         (6)(5) DUTIES OF AGENCIES.—The Department of Education
 1900  shall incorporate, where feasible and appropriate, the issues of
 1901  fuels treatment, including prescribed burning, into its
 1902  educational materials.
 1903         (7) DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
 1904  AUTHORIZATION PROGRAMS.—
 1905         (a) A county or municipality may exercise the division’s
 1906  authority, if delegated by the division under this subsection,
 1907  to issue authorizations for the burning of yard trash or debris
 1908  from land-clearing operations. A county’s or municipality’s
 1909  existing or proposed open burning authorization program must:
 1910         1. Be approved by the division. The division shall not
 1911  approve a program if it fails to meet the requirements of
 1912  subsections (2) and (4) and any rules adopted under those
 1913  subsections.
 1914         2. Provide by ordinance or local law the requirements for
 1915  obtaining and performing a burn authorization which comply with
 1916  subsections (2) and (4) and any rules adopted under those
 1917  subsections.
 1918         3. Provide for the enforcement of the program’s
 1919  requirements.
 1920         4. Provide financial, personnel, and other resources needed
 1921  to carry out the program.
 1922         (b) If the division determines that a county’s or
 1923  municipality’s open burning authorization program does not
 1924  comply with subsections (2) and (4) and any rules adopted under
 1925  those subsections, the division shall require the county or
 1926  municipality to take necessary corrective actions within a
 1927  reasonable period, not to exceed 90 days.
 1928         1. If the county or municipality fails to take the
 1929  necessary corrective actions within the required period, the
 1930  division shall resume administration of the open burning
 1931  authorization program in the county or municipality and the
 1932  county or municipality shall cease administration of its
 1933  program.
 1934         2. Each county and municipality administering an open
 1935  burning authorization program must cooperate with and assist the
 1936  division in carrying out the division’s powers, duties, and
 1937  functions.
 1938         3. A person who violates the requirements of a county’s or
 1939  municipality’s open burning authorization program, as provided
 1940  by ordinance or local law enacted pursuant to this section,
 1941  commits a violation of this chapter, punishable as provided in
 1942  s. 590.14.
 1943         Section 52. Section 590.14, Florida Statutes, is amended to
 1944  read:
 1945         590.14 Notice of violation; penalties.—
 1946         (1) If a division employee determines that a person has
 1947  violated chapter 589, or this chapter, or any rule adopted by
 1948  the division to administer provisions of law conferring duties
 1949  upon the division, the division employee he or she may issue a
 1950  notice of violation indicating the statute violated. This notice
 1951  will be filed with the division and a copy forwarded to the
 1952  appropriate law enforcement entity for further action if
 1953  necessary.
 1954         (2) In addition to any penalties provided by law, any
 1955  person who causes a wildfire or permits any authorized fire to
 1956  escape the boundaries of the authorization or to burn past the
 1957  time of the authorization is liable for the payment of all
 1958  reasonable costs and expenses incurred in suppressing the fire
 1959  or $150, whichever is greater. All costs and expenses incurred
 1960  by the division shall be payable to the division. When such
 1961  costs and expenses are not paid within 30 days after demand, the
 1962  division may take proper legal proceedings for the collection of
 1963  the costs and expenses. Those costs incurred by an agency acting
 1964  at the division’s direction are recoverable by that agency.
 1965         (3) The department may also impose an administrative fine,
 1966  not to exceed $1,000 per violation of any section of chapter 589
 1967  or this chapter or violation of any rule adopted by the division
 1968  to administer provisions of law conferring duties upon the
 1969  division. The fine shall be based upon the degree of damage, the
 1970  prior violation record of the person, and whether the person
 1971  knowingly provided false information to obtain an authorization.
 1972  The fines shall be deposited in the Incidental Trust Fund of the
 1973  division.
 1974         (4) A person may not:
 1975         (a) Fail to comply with any rule or order adopted by the
 1976  division to administer provisions of law conferring duties upon
 1977  the division; or
 1978         (b) Knowingly make any false statement or representation in
 1979  any application, record, plan, or other document required by
 1980  this chapter or any rules adopted under this chapter.
 1981         (5) A person who violates paragraph (4)(a) or paragraph
 1982  (4)(b) commits a misdemeanor of the second degree, punishable as
 1983  provided in s. 775.082 or s. 775.083.
 1984         (6) It is the intent of the Legislature that a penalty
 1985  imposed by a court under subsection (5) be of a severity that
 1986  ensures immediate and continued compliance with this section.
 1987         (7)(4) The penalties provided in this section shall extend
 1988  to both the actual violator and the person or persons, firm, or
 1989  corporation causing, directing, or permitting the violation.
 1990         Section 53. Paragraph (a) of subsection (1) of section
 1991  599.004, Florida Statutes, is amended to read:
 1992         599.004 Florida Farm Winery Program; registration; logo;
 1993  fees.—
 1994         (1) The Florida Farm Winery Program is established within
 1995  the Department of Agriculture and Consumer Services. Under this
 1996  program, a winery may qualify as a tourist attraction only if it
 1997  is registered with and certified by the department as a Florida
 1998  Farm Winery. A winery may not claim to be certified unless it
 1999  has received written approval from the department.
 2000         (a) To qualify as a certified Florida Farm Winery, a winery
 2001  shall meet the following standards:
 2002         1. Produce or sell less than 250,000 gallons of wine
 2003  annually.
 2004         2. Maintain a minimum of 10 acres of owned or managed land
 2005  vineyards in Florida which produces commodities used in the
 2006  production of wine.
 2007         3. Be open to the public for tours, tastings, and sales at
 2008  least 30 hours each week.
 2009         4. Make annual application to the department for
 2010  recognition as a Florida Farm Winery, on forms provided by the
 2011  department.
 2012         5. Pay an annual application and registration fee of $100.
 2013         Section 54. Subsection (1) of section 604.15, Florida
 2014  Statutes, is amended, and subsection (11) is added to that
 2015  section, to read:
 2016         604.15 Dealers in agricultural products; definitions.—For
 2017  the purpose of ss. 604.15-604.34, the following words and terms,
 2018  when used, shall be construed to mean:
 2019         (1) “Agricultural products” means the natural products of
 2020  the farm, nursery, grove, orchard, vineyard, garden, and apiary
 2021  (raw or manufactured); sod; tropical foliage; horticulture; hay;
 2022  livestock; milk and milk products; poultry and poultry products;
 2023  the fruit of the saw palmetto (meaning the fruit of the Serenoa
 2024  repens); limes (meaning the fruit Citrus aurantifolia, variety
 2025  Persian, Tahiti, Bearss, or Florida Key limes); and any other
 2026  nonexempt agricultural products produced in the state, except
 2027  tobacco, sugarcane, tropical foliage, timber and timber
 2028  byproducts, forest products as defined in s. 591.17, and citrus
 2029  other than limes.
 2030         (11) “Responsible position” means a position within the
 2031  business of a dealer in agricultural products which has the
 2032  authority to negotiate or make the purchase of agricultural
 2033  products on behalf of the dealer’s business or has principal
 2034  active management authority over the business decisions,
 2035  actions, and activities of the dealer’s business in this state.
 2036         Section 55. Section 604.19, Florida Statutes, is amended to
 2037  read:
 2038         604.19 License; fee; bond; certificate of deposit;
 2039  penalty.—Unless the department refuses the application on one or
 2040  more of the grounds provided in this section, it shall issue to
 2041  an applicant, upon the payment of required fees and the
 2042  execution and delivery of a bond or certificate of deposit as
 2043  provided in this section, a state license entitling the
 2044  applicant to conduct business as a dealer in agricultural
 2045  products for a 1-year period to coincide with the effective
 2046  period of the bond or certificate of deposit furnished by the
 2047  applicant. During the 1-year period covered by a license, if the
 2048  supporting surety bond or certificate of deposit is canceled for
 2049  any reason, the license shall automatically expire on the date
 2050  the surety bond or certificate of deposit terminates, unless an
 2051  acceptable replacement is in effect before the date of
 2052  termination so that continual coverage occurs for the remaining
 2053  period of the license. A surety company shall give the
 2054  department a 30-day written notice of cancellation by certified
 2055  mail in order to cancel a bond. Cancellation of a bond or
 2056  certificate of deposit does shall not relieve a surety company
 2057  or financial institution of liability for purchases or sales
 2058  occurring while the bond or certificate of deposit was in
 2059  effect. The license fee, which must be paid for the principal
 2060  place of business for a dealer in agricultural products, shall
 2061  be based upon the amount of the dealer’s surety bond or
 2062  certificate of deposit furnished by each dealer under the
 2063  provisions of s. 604.20 and may not exceed $500. For each
 2064  additional place in which the applicant desires to conduct
 2065  business and which the applicant names in the application, the
 2066  additional license fee must be paid but may not exceed $100
 2067  annually. If a Should any dealer in agricultural products fails,
 2068  refuses, or neglects fail, refuse, or neglect to apply and
 2069  qualify for the renewal of a license on or before its the date
 2070  of expiration date thereof, a penalty not to exceed $100 shall
 2071  apply to and be added to the original license fee for the
 2072  principal place of business and to the license fee for each
 2073  additional place of business named in the application and shall
 2074  be paid by the applicant before the renewal license may be
 2075  issued. The department by rule shall prescribe fee amounts
 2076  sufficient to fund ss. 604.15-604.34.
 2077         Section 56. Subsections (1) and (4) of section 604.20,
 2078  Florida Statutes, are amended to read:
 2079         604.20 Bond or certificate of deposit prerequisite; amount;
 2080  form.—
 2081         (1) Before any license is issued, the applicant therefor
 2082  shall make and deliver to the department a surety bond or
 2083  certificate of deposit in the amount of at least $5,000 or in
 2084  such greater amount as the department may determine. No bond or
 2085  certificate of deposit may be in an amount less than $5,000. The
 2086  penal sum of the bond or certificate of deposit to be furnished
 2087  to the department by an applicant for license as a dealer in
 2088  agricultural products shall be in an amount equal to twice the
 2089  average of the monthly dollar amounts amount of agricultural
 2090  products handled for a Florida producer or a producer’s agent or
 2091  representative, by purchase or otherwise, during the month of
 2092  maximum transaction in such products during the preceding 12
 2093  month period. Only those months in which the applicant handled,
 2094  by purchase or otherwise, amounts equal to or greater than
 2095  $1,000 shall be used to calculate the penal sum of the required
 2096  bond or certificate of deposit. An applicant for license who has
 2097  not handled agricultural products for a Florida producer or a
 2098  producer’s agent or representative, by purchase or otherwise,
 2099  during the preceding 12-month period shall furnish a bond or
 2100  certificate of deposit in an amount equal to twice the estimated
 2101  average of the monthly dollar amounts amount of such
 2102  agricultural products to be handled, by purchase or otherwise,
 2103  during the month of maximum transaction during the next
 2104  immediate 12 months. Only those months in which the applicant
 2105  anticipates handling, by purchase or otherwise, amounts equal to
 2106  or greater than $1,000 shall be used to calculate the penal sum
 2107  of the required bond or certificate of deposit. Such bond or
 2108  certificate of deposit shall be provided or assigned in the
 2109  exact name in which the dealer will conduct business subject to
 2110  the provisions of ss. 604.15-604.34. Such bond must be executed
 2111  by a surety company authorized to transact business in the
 2112  state. For the purposes of ss. 604.19-604.21, the term
 2113  “certificate of deposit” means a certificate of deposit at any
 2114  recognized financial institution doing business in the United
 2115  States. No certificate of deposit may be accepted in connection
 2116  with an application for a dealer’s license unless the issuing
 2117  institution is properly insured by either the Federal Deposit
 2118  Insurance Corporation or the Federal Savings and Loan Insurance
 2119  Corporation. Such bond or any certificate of deposit assignment
 2120  or agreement shall be upon a form prescribed or approved by the
 2121  department and shall be conditioned to secure the faithful
 2122  accounting for and payment, in the manner prescribed by s.
 2123  604.21(9), to producers or their agents or representatives of
 2124  the proceeds of all agricultural products handled or purchased
 2125  by such dealer, and to secure payment to dealers who sell
 2126  agricultural products to such dealer, and to pay any claims or
 2127  costs ordered under s. 604.21 as the result of a complaint. Such
 2128  bond or certificate of deposit assignment or agreement shall
 2129  include terms binding the instrument to the Commissioner of
 2130  Agriculture. A certificate of deposit shall be presented with an
 2131  assignment of applicant’s rights in the certificate in favor of
 2132  the Commissioner of Agriculture on a form prescribed by the
 2133  department and with a letter from the issuing institution
 2134  acknowledging that the assignment has been properly recorded on
 2135  the books of the issuing institution and will be honored by the
 2136  issuing institution. Such assignment shall be irrevocable while
 2137  the dealer’s license is in effect and for an additional period
 2138  of 6 months after the termination or expiration of the dealer’s
 2139  license, provided no complaint is pending against the licensee.
 2140  If a complaint is pending, the assignment shall remain in effect
 2141  until all actions on the complaint have been finalized. The
 2142  certificate of deposit may be released by the assignee of the
 2143  financial institution to the licensee or the licensee’s
 2144  successors, assignee, or heirs if no claims are pending against
 2145  the licensee before the department at the conclusion of 6 months
 2146  after the last effective date of the license. No certificate of
 2147  deposit shall be accepted that contains any provision that would
 2148  give the issuing institution any prior rights or claim on the
 2149  proceeds or principal of such certificate of deposit. The
 2150  department shall determine by rule the maximum amount of bond or
 2151  certificate of deposit required of a dealer and whether an
 2152  annual bond or certificate of deposit will be required.
 2153         (4) The department may issue a conditional license to an
 2154  applicant who is unable to provide a single bond or certificate
 2155  of deposit in the full amount required by the calculation in
 2156  subsection (1). The conditional license shall remain in effect
 2157  for a 1-year period to coincide with the effective period of the
 2158  bond or certificate of deposit furnished by the applicant. The
 2159  applicant must provide at least the minimum $5,000 bond or
 2160  certificate of deposit as provided in subsection (1) together
 2161  with documentation from each of three separate bonding companies
 2162  denying the applicant’s request for a surety bond in the full
 2163  amount required in subsection (1) and one of the following:
 2164         (a) A notarized affidavit limiting the handling of
 2165  agricultural products, by purchase or otherwise, during their
 2166  largest month to a minimum of one-half the amount of the bond or
 2167  certificate of deposit provided by the applicant;
 2168         (b) A notarized affidavit stating that any subject
 2169  agricultural products, handled by purchase or otherwise,
 2170  exceeding one-half of the amount of the bond or certificate of
 2171  deposit will be handled under the exemption provisions set forth
 2172  in s. 604.16(2); or
 2173         (c) A second bond or certificate of deposit in such an
 2174  amount that, when the penal sum of the second bond or
 2175  certificate of deposit is added to the penal sum of the first
 2176  bond or certificate of deposit, the combined penal sum will
 2177  equal twice the dollar amount of agricultural products handled
 2178  for a Florida producer or a producer’s agent or representative,
 2179  by purchase or otherwise, during the month of maximum
 2180  transaction in such products during the preceding 12-month
 2181  period.
 2182  
 2183  The department or its agents may require from any licensee who
 2184  is issued a conditional license verified statements of the
 2185  volume of the licensee’s business or may review the licensee’s
 2186  records at the licensee’s place of business during normal
 2187  business hours to determine the licensee’s adherence to the
 2188  conditions of the license. The failure of a licensee to furnish
 2189  such statement or to make such records available shall be cause
 2190  for suspension of the licensee’s conditional license. If the
 2191  department finds such failure to be willful, the conditional
 2192  license may be revoked.
 2193         Section 57. Section 604.25, Florida Statutes, is amended to
 2194  read:
 2195         604.25 Denial of, refusal to renew grant, or suspension or
 2196  revocation of, license.—
 2197         (1) The department may deny, refuse to renew, decline to
 2198  grant a license or may suspend or revoke a license already
 2199  granted if the applicant or licensee has:
 2200         (1)(a) Suffered a monetary judgment entered against the
 2201  applicant or licensee upon which is execution has been returned
 2202  unsatisfied;
 2203         (2)(b) Made false charges for handling or services
 2204  rendered;
 2205         (3)(c) Failed to account promptly and properly or to make
 2206  settlements with any producer;
 2207         (4)(d) Made any false statement or statements as to
 2208  condition, quality, or quantity of goods received or held for
 2209  sale when the true condition, quality, or quantity could have
 2210  been ascertained by reasonable inspection;
 2211         (5)(e) Made any false or misleading statement or statements
 2212  as to market conditions or service rendered;
 2213         (6)(f) Been guilty of a fraud in the attempt to procure, or
 2214  the procurement of, a license;
 2215         (7)(g) Directly or indirectly sold agricultural products
 2216  received on consignment or on a net return basis for her or his
 2217  own account, without prior authority from the producer
 2218  consigning the same, or without notifying such producer;
 2219         (8)(h)Failed to prevent a person from holding a position
 2220  as the applicant’s or licensee’s owner, officer, director,
 2221  general or managing partner, or employee Employed in a
 2222  responsible position a person, or holding any other similarly
 2223  situated position, if the person holds or has held a similar
 2224  position with any entity that an officer of a corporation, who
 2225  has failed to fully comply with an order of the department, has
 2226  not satisfied a civil judgment held by the department, has
 2227  pending any administrative or civil enforcement action by the
 2228  department, or has pending any criminal charges pursuant to s.
 2229  604.30 at any time within 1 year after issuance;
 2230         (9)(i) Violated any statute or rule relating to the
 2231  purchase or sale of any agricultural product, whether or not
 2232  such transaction is subject to the provisions of this chapter;
 2233  or
 2234         (10)(j) Failed to submit to the department an application,
 2235  appropriate license fees, and an acceptable surety bond or
 2236  certificate of deposit; or.
 2237         (11)(2)Failed If a licensee fails or refused refuses to
 2238  comply in full with an order of the department or failed to
 2239  satisfy a civil judgment owed to the department, her or his
 2240  license may be suspended or revoked, in which case she or he
 2241  shall not be eligible for license for a period of 1 year or
 2242  until she or he has fully complied with the order of the
 2243  department.
 2244         (3) No person, or officer of a corporation, whose license
 2245  has been suspended or revoked for failure to comply with an
 2246  order of the department may hold a responsible position with a
 2247  licensee for a period of 1 year or until the order of the
 2248  department has been fully complied with.
 2249         Section 58. Paragraph (b) of subsection (5) and paragraph
 2250  (a) of subsection (9) of section 616.242, Florida Statutes, are
 2251  amended, subsections (18) and (19) are renumbered as subsections
 2252  (19) and (20), respectively, and a new subsection (18) is added
 2253  to that section, to read:
 2254         616.242 Safety standards for amusement rides.—
 2255         (5) ANNUAL PERMIT.—
 2256         (b) To apply for an annual permit an owner must submit to
 2257  the department a written application on a form prescribed by
 2258  rule of the department, which must include the following:
 2259         1. The legal name, address, and primary place of business
 2260  of the owner.
 2261         2. A description, manufacturer’s name, serial number, model
 2262  number and, if previously assigned, the United States Amusement
 2263  Identification Number of the amusement ride.
 2264         3. A valid certificate of insurance, or bond, escrow
 2265  account, or unexpired irrevocable letter of credit for each
 2266  amusement ride.
 2267         4. An affidavit of compliance stating that the amusement
 2268  ride was inspected in person by the affiant and that the
 2269  amusement ride is in general conformance with the requirements
 2270  of this section and all applicable rules adopted by the
 2271  department. The affidavit must be executed by a professional
 2272  engineer or a qualified inspector no earlier than 60 days
 2273  before, but not later than, the date of the filing of the
 2274  application with the department. The owner shall request
 2275  inspection and permitting of the amusement ride within 60 days
 2276  of the date of filing the application with the department. The
 2277  department shall inspect and permit the amusement ride within 60
 2278  days after filing the application with the department.
 2279         5. If required by subsection (6), an affidavit of
 2280  nondestructive testing dated and executed no earlier than 60
 2281  days prior to, but not later than, the date of the filing of the
 2282  application with the department. The owner shall request
 2283  inspection and permitting of the amusement ride within 60 days
 2284  of the date of filing the application with the department. The
 2285  department shall inspect and permit the amusement ride within 60
 2286  days after filing the application with the department.
 2287         6. A request for inspection.
 2288         7. Upon request, the owner shall, at no cost to the
 2289  department, provide the department a copy of the manufacturer’s
 2290  current recommended operating instructions in the possession of
 2291  the owner, the owner’s operating fact sheet, and any written
 2292  bulletins in the possession of the owner concerning the safety,
 2293  operation, or maintenance of the amusement ride.
 2294         (9) INSURANCE REQUIREMENTS.—
 2295         (a) An owner may not operate an amusement ride unless the
 2296  owner has in effect at all times of operation insurance meeting
 2297  the following requirements:
 2298         1. An insurance policy in an amount of not less than $1
 2299  million per occurrence, $1 million in the aggregate, which
 2300  insures the owner of the amusement ride against liability for
 2301  injury to persons arising out of the use of the amusement ride;
 2302  or
 2303         2. A bond in a like amount; however, the aggregate
 2304  liability of the surety under the bond may not exceed the face
 2305  amount thereof;.
 2306         3. An escrow account consisting of cash or assets in a like
 2307  amount deposited with any bank, credit union, or savings
 2308  association organized and doing business under the laws of this
 2309  state or the United States; however, the aggregate liability of
 2310  the account may not exceed the face amount thereof; or
 2311         4. An unexpired irrevocable letter of credit in a like
 2312  amount; however, the aggregate liability of the letter of credit
 2313  may not exceed the face amount thereof. The letter of credit
 2314  must:
 2315         a. Be issued by any bank or savings association organized
 2316  and doing business under the laws of this state or the United
 2317  States.
 2318         b. Be payable to the owner of the amusement ride as the
 2319  beneficiary upon presentment of a final judgment indicating
 2320  liability and awarding damages to be paid by the owner of the
 2321  amusement ride or upon presentment of a settlement agreement
 2322  signed by all parties to the agreement when such final judgment
 2323  or settlement is a result of a claim arising out of liability.
 2324         c. Not be used for litigation costs or attorney’s fees.
 2325         d. Be nonassignable and nontransferable.
 2326         (18) STOP-OPERATION ORDERS.—If an owner or amusement ride
 2327  fails to comply with this chapter or any rule adopted under this
 2328  chapter, the department may issue a stop-operation order.
 2329         Section 59. Subsection (4) of section 686.201, Florida
 2330  Statutes, is amended to read:
 2331         686.201 Sales representative contracts involving
 2332  commissions; requirements; termination of agreement; civil
 2333  remedies.—
 2334         (4) This section does not apply to:
 2335         (a) Persons licensed pursuant to chapter 475 who are
 2336  performing services within the scope of their license.
 2337         (b) Contracts to which a seller of travel as defined in s.
 2338  559.927 is a party.
 2339         Section 60. Paragraph (c) of subsection (5) of section
 2340  790.06, Florida Statutes, is amended to read:
 2341         790.06 License to carry concealed weapon or firearm.—
 2342         (5) The applicant shall submit to the Department of
 2343  Agriculture and Consumer Services:
 2344         (c) A full set of fingerprints of the applicant
 2345  administered by a law enforcement agency or the Division of
 2346  Licensing of the Department of Agriculture and Consumer
 2347  Services.
 2348         Section 61. Sections 570.071 and 570.901, Florida Statutes,
 2349  are repealed.
 2350         Section 62. This act shall take effect July 1, 2010.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2019 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader