October 25, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h1445__
HB 1445

1
A bill to be entitled
2An act relating to the Department of Agriculture and
3Consumer Services; amending s. 403.9336, F.S.; revising a
4reference to the Model Ordinance for Florida-Friendly
5Fertilizer Use on Urban Landscapes; amending s. 403.9337,
6F.S.; specifying a certain edition of the model ordinance
7for adoption by certain counties and municipalities;
8authorizing the Department of Environmental Protection to
9adopt rules updating the model ordinance; revising the
10criteria for a local government's adoption of additional
11or more stringent standards; exempting lands used for
12certain research from provisions regulating fertilizer use
13on urban landscapes; amending s. 493.6102, F.S.;
14specifying that provisions regulating security officers do
15not apply to certain law enforcement, correctional, and
16probation officers performing off-duty activities;
17amending s. 493.6105, F.S.; revising the application
18requirements and procedures for certain private
19investigative, private security, recovery agent, and
20firearm licenses; specifying application requirements for
21firearms instructor licenses; amending s. 493.6106, F.S.;
22revising citizenship requirements and documentation for
23certain private investigative, private security, and
24recovery agent licenses; prohibiting the licensure of
25applicants for a statewide firearm license or firearms
26instructor license who are prohibited from purchasing or
27possessing firearms; requiring that private investigative,
28security, and recovery agencies notify the Department of
29Agriculture and Consumer Services of changes to their
30branch office locations; amending s. 493.6107, F.S.;
31requiring the department to accept certain methods of
32payment for certain fees; amending s. 493.6108, F.S.;
33revising requirements for criminal history checks of
34license applicants whose fingerprints are not legible;
35requiring the investigation of the mental and emotional
36fitness of applicants for firearms instructor licenses;
37amending s. 493.6111, F.S.; requiring a security officer
38school or recovery agent school to obtain the department's
39approval for use of a fictitious name; specifying that a
40licensee may not conduct business under more than one
41fictitious name; amending s. 493.6113, F.S.; revising
42application renewal procedures and requirements; amending
43s. 493.6115, F.S.; conforming cross-references; amending
44s. 493.6118, F.S.; authorizing disciplinary action against
45statewide firearm licensees and firearms instructor
46licensees who are prohibited from purchasing or possessing
47firearms; amending s. 493.6121, F.S.; deleting provisions
48for the department's access to certain criminal history
49records provided to licensed gun dealers, manufacturers,
50and exporters; amending s. 493.6202, F.S.; requiring the
51department to accept certain methods of payment for
52certain fees; amending s. 493.6203, F.S.; prohibiting
53bodyguard services from being credited toward certain
54license requirements; revising the training requirements
55for private investigator intern license applicants;
56requiring the automatic suspension of an intern's license
57under certain circumstances; providing an exception;
58amending s. 493.6302, F.S.; requiring the department to
59accept certain methods of payment for certain fees;
60amending s. 493.6303, F.S.; revising the training
61requirements for security officer license applicants;
62amending s. 493.6304, F.S.; revising application
63requirements and procedures for security officer school
64licenses; amending s. 493.6401, F.S.; revising terminology
65for recovery agent schools and training facilities;
66amending s. 493.6402, F.S.; revising terminology for
67recovery agent schools and training facilities; requiring
68the department to accept certain methods of payment for
69certain fees; amending s. 493.6406, F.S.; revising
70terminology; requiring recovery agent school and
71instructor licenses; providing license application
72requirements and procedures; amending ss. 501.605 and
73501.607, F.S.; revising application requirements for
74commercial telephone seller and salesperson licenses;
75amending s. 501.913, F.S.; specifying the sample size
76required for antifreeze registration application; amending
77s. 525.01, F.S.; revising requirements for petroleum fuel
78affidavits; amending s. 525.09, F.S.; imposing an
79inspection fee on certain alternative fuels containing
80alcohol; amending s. 526.50, F.S.; defining terms
81applicable to regulation of the sale of brake fluid;
82amending s. 526.51, F.S.; revising brake fluid permit
83application requirements; deleting permit renewal
84requirements; providing for reregistration of brake fluid;
85establishing fees; amending s. 526.52, F.S.; revising
86requirements for printed statements on brake fluid
87containers; amending s. 526.53, F.S.; revising
88requirements and procedures for brake fluid stop-sale
89orders; authorizing businesses to dispose of unregistered
90brake fluid under certain circumstances; amending s.
91527.0201, F.S.; revising requirements for liquefied
92petroleum gas qualifying examinations; increasing
93continuing education requirements for certain liquefied
94petroleum gas qualifiers; amending s. 527.12, F.S.;
95providing for the issuance of certain stop orders;
96amending ss. 559.805 and 559.928, F.S.; deleting social
97security numbers as a listing requirement on registration
98affidavits for independent agents of sellers of business
99opportunities; amending s. 570.0725, F.S.; revising
100provisions for public information about food banks and
101similar food recovery programs; authorizing the department
102to adopt rules; amending ss. 570.53 and 570.54, F.S.;
103conforming cross-references; amending s. 570.55, F.S.;
104revising requirements for identifying sellers or handlers
105of tropical or subtropical fruit or vegetables; amending
106s. 570.902, F.S.; conforming terminology to the repeal by
107the act of provisions establishing the Florida
108Agricultural Museum; amending s. 570.903, F.S.; revising
109provisions for direct-support organizations for certain
110agricultural programs to conform to the repeal by the act
111of provisions establishing the Florida Agricultural
112Museum; deleting provisions for a direct-support
113organization for the Florida State Collection of
114Arthropods; amending s. 573.118, F.S.; requiring the
115department to maintain records of marketing orders;
116requiring an audit at the request of an advisory council;
117requiring that the advisory council receive a copy of the
118audit within a specified time; amending s. 581.011, F.S.;
119deleting terminology relating to the Florida State
120Collection of Arthropods; revising the term "nursery" for
121purposes of plant industry regulations; amending s.
122581.211, F.S.; increasing the maximum fine for violations
123of plant industry regulations; amending s. 583.13, F.S.;
124deleting a prohibition on the sale of poultry without
125displaying the poultry grade; amending s. 590.125, F.S.;
126revising terminology for open burning authorizations;
127specifying purposes of certified prescribed burning;
128requiring the authorization of the Division of Forestry
129for certified pile burning; providing pile burning
130requirements; limiting the liability of property owners or
131agents engaged in pile burning; providing for the
132certification of pile burners; providing penalties for
133violations by certified pile burners; requiring rules;
134authorizing the division to adopt rules regulating
135certified pile burning; revising notice requirements for
136wildfire hazard reduction treatments; providing for
137approval of local government open burning authorization
138programs; providing program requirements; authorizing the
139division to close local government programs under certain
140circumstances; providing penalties for violations of local
141government open burning requirements; amending s. 590.14,
142F.S.; authorizing fines for violations of any division
143rule; providing penalties for certain violations;
144providing legislative intent; amending s. 599.004, F.S.;
145revising standards that a winery must meet to qualify as a
146certified Florida Farm Winery; amending s. 604.15, F.S.;
147revising the term "agricultural products" to make tropical
148foliage exempt from regulation under provisions relating
149to dealers in agricultural products; defining the term
150"responsible position"; amending s. 604.19, F.S.; revising
151requirements for late fees on agricultural products dealer
152applications; amending s. 604.20, F.S.; revising the
153minimum amount of the surety bond or certificate of
154deposit required for agricultural products dealer
155licenses; providing conditions for the payment of bond or
156certificate of deposit proceeds; requiring additional
157documentation for issuance of a conditional license;
158amending s. 604.25, F.S.; revising conditions under which
159the department may deny, refuse to renew, suspend, or
160revoke agricultural products dealer licenses; deleting a
161provision prohibiting certain persons from holding a
162responsible position with a licensee; amending s. 686.201,
163F.S.; exempting contracts involving a seller of travel
164from requirements for certain sales representative
165contracts; amending s. 790.06, F.S.; authorizing a
166concealed firearm license applicant to submit fingerprints
167administered by the Division of Licensing; repealing ss.
168570.071 and 570.901, F.S., relating to the Florida
169Agricultural Exposition and the Florida Agricultural
170Museum; providing an effective date.
171
172Be It Enacted by the Legislature of the State of Florida:
173
174     Section 1.  Section 403.9336, Florida Statutes, is amended
175to read:
176     403.9336  Legislative findings.-The Legislature finds that
177the implementation of the Model Ordinance for Florida-Friendly
178Fertilizer Use on Urban Landscapes (2008), which was developed
179by the department in conjunction with the Florida Consumer
180Fertilizer Task Force, the Department of Agriculture and
181Consumer Services, and the University of Florida Institute of
182Food and Agricultural Sciences, will assist in protecting the
183quality of Florida's surface water and groundwater resources.
184The Legislature further finds that local conditions, including
185variations in the types and quality of water bodies, site-
186specific soils and geology, and urban or rural densities and
187characteristics, may necessitate the implementation of
188additional or more stringent fertilizer management practices at
189the local government level.
190     Section 2.  Section 403.9337, Florida Statutes, is amended
191to read:
192     403.9337  Model Ordinance for Florida-Friendly Fertilizer
193Use on Urban Landscapes.-
194     (1)  All county and municipal governments are encouraged to
195adopt and enforce the Model Ordinance for Florida-Friendly
196Fertilizer Use on Urban Landscapes (2009) as developed by the
197department in conjunction with the Florida Consumer Fertilizer
198Task Force, the Department of Agriculture and Consumer Services,
199and the University of Florida's Institute of Food and
200Agricultural Sciences, which the department may periodically
201update and adopt by rule, or an equivalent requirement as a
202mechanism for protecting local surface and groundwater quality.
203     (2)  Each county and municipal government located within
204the watershed of a water body or water segment that is listed as
205impaired by nutrients pursuant to s. 403.067, must shall, at a
206minimum, adopt the most recent version of the department's Model
207Ordinance for Florida-Friendly Fertilizer Use on Urban
208Landscapes. A local government may adopt additional or more
209stringent standards than the model ordinance if, before
210adoption, the following criteria are met:
211     (a)  The local government has implemented demonstrated, as
212part of a comprehensive program to address nonpoint sources of
213nutrient pollution but which is science-based, and economically
214and technically feasible, that additional or more stringent
215standards than the model ordinance are necessary in order to
216adequately address urban fertilizer contributions to nonpoint
217source nutrient loading to a water body. A comprehensive program
218may include:
219     1.  Nonpoint source activities adopted as part of a basin
220management plan developed pursuant to s. 403.067(7);
221     2.  Adoption of Florida-friendly landscaping requirements,
222as provided in s. 373.185, into the local government's
223development code; or
224     3.  The requirement for and enforcement of the
225implementation of low-impact development practices.
226     (b)  The local government has convened a workgroup composed
227of: a representative of the local government appointed by its
228governing body; a representative of the fertilizer applicator
229industry appointed by the Florida Nursery, Growers, and
230Landscape Association, Inc.; a representative of a retail
231business that sells fertilizer appointed by the Florida Retail
232Federation, Inc.; a representative of the Department of
233Environmental Protection; and a representative of the Department
234of Agriculture and Consumer Services, and the committee has
235conducted a review and provided a report that addresses the
236economical and technical feasibility of enforcing the proposed
237additional or more stringent standards.
238     (c)(b)  The local government documents in the public record
239the need for more stringent standards, including the
240scientifically documented vulnerability of waters within the
241local government's jurisdiction to nutrient enrichment due to
242landforms, soils, hydrology, climate, or geology, and the local
243government documents that it has requested and considered all
244relevant scientific information, including input from the
245department, the institute, the Department of Agriculture and
246Consumer Services, and the University of Florida's Florida
247Institute of Food and Agricultural Sciences, if provided, on the
248need for additional or more stringent provisions to address
249fertilizer use as a contributor to water quality degradation. If
250two or more entities providing such input question the
251scientific basis of the proposed standards, the local government
252shall, before adoption of the standards, address their specific
253concerns to the maximum extent practicable. All documentation
254must become part of the public record before adoption of the
255additional or more stringent criteria.
256     (3)  Any county or municipal government that adopted its
257own fertilizer use ordinance before January 1, 2009, is exempt
258from this section. Ordinances adopted or amended on or after
259January 1, 2009, must substantively conform to the most recent
260version of the model fertilizer ordinance and are subject to
261subsections (1) and (2), as applicable.
262     (4)  This section does not apply to the use of fertilizer:
263     (a)  On farm operations as defined in s. 823.14; or
264     (b)  On lands classified as agricultural lands pursuant to
265s. 193.461; or
266     (c)  On lands currently used or identified for use as part
267of urban stormwater, water quality, agronomic, or horticultural
268research.
269     Section 3.  Subsection (1) of section 493.6102, Florida
270Statutes, is amended to read:
271     493.6102  Inapplicability of this chapter.-This chapter
272shall not apply to:
273     (1)  Any individual who is an "officer" as defined in s.
274943.10(14), or is a law enforcement officer of the United States
275Government, while the such local, state, or federal officer is
276engaged in her or his official duties or, if approved by the
277officer's supervisors, when performing off-duty activities as a
278security officer activities approved by her or his superiors.
279     Section 4.  Section 493.6105, Florida Statutes, is amended
280to read:
281     493.6105  Initial application for license.-
282     (1)  Each individual, partner, or principal officer in a
283corporation, shall file with the department a complete
284application accompanied by an application fee not to exceed $60,
285except that the applicant for a Class "D" or Class "G" license
286is shall not be required to submit an application fee. The
287application fee is shall not be refundable.
288     (a)  The application submitted by any individual, partner,
289or corporate officer must shall be approved by the department
290before the prior to that individual, partner, or corporate
291officer assumes assuming his or her duties.
292     (b)  Individuals who invest in the ownership of a licensed
293agency, but do not participate in, direct, or control the
294operations of the agency are shall not be required to file an
295application.
296     (2)  Each application must shall be signed and verified by
297the individual under oath as provided in s. 92.525 and shall be
298notarized.
299     (3)  The application must shall contain the following
300information concerning the individual signing the application
301same:
302     (a)  Name and any aliases.
303     (b)  Age and date of birth.
304     (c)  Place of birth.
305     (d)  Social security number or alien registration number,
306whichever is applicable.
307     (e)  Current Present residence address and his or her
308residence addresses within the 5 years immediately preceding the
309submission of the application.
310     (f)  Occupations held presently and within the 5 years
311immediately preceding the submission of the application.
312     (f)(g)  A statement of all criminal convictions, findings
313of guilt, and pleas of guilty or nolo contendere, regardless of
314adjudication of guilt.
315     (g)  One passport-type color photograph taken within the 6
316months immediately preceding submission of the application.
317     (h)  A statement whether he or she has ever been
318adjudicated incompetent under chapter 744.
319     (i)  A statement whether he or she has ever been committed
320to a mental institution under chapter 394.
321     (j)  A full set of fingerprints on a card provided by the
322department and a fingerprint fee to be established by rule of
323the department based upon costs determined by state and federal
324agency charges and department processing costs. An applicant who
325has, within the immediately preceding 6 months, submitted a
326fingerprint card and fee for licensing purposes under this
327chapter shall not be required to submit another fingerprint card
328or fee.
329     (k)  A personal inquiry waiver which allows the department
330to conduct necessary investigations to satisfy the requirements
331of this chapter.
332     (l)  Such further facts as may be required by the
333department to show that the individual signing the application
334is of good moral character and qualified by experience and
335training to satisfy the requirements of this chapter.
336     (4)  In addition to the application requirements outlined
337in subsection (3), the applicant for a Class "C," Class "CC,"
338Class "E," Class "EE," or Class "G" license shall submit two
339color photographs taken within the 6 months immediately
340preceding the submission of the application, which meet
341specifications prescribed by rule of the department. All other
342applicants shall submit one photograph taken within the 6 months
343immediately preceding the submission of the application.
344     (4)(5)  In addition to the application requirements
345outlined under subsection (3), the applicant for a Class "C,"
346Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
347license shall include a statement on a form provided by the
348department of the experience which he or she believes will
349qualify him or her for such license.
350     (5)(6)  In addition to the requirements outlined in
351subsection (3), an applicant for a Class "G" license shall
352satisfy minimum training criteria for firearms established by
353rule of the department, which training criteria shall include,
354but is not limited to, 28 hours of range and classroom training
355taught and administered by a Class "K" licensee; however, no
356more than 8 hours of such training shall consist of range
357training. If the applicant can show proof that he or she is an
358active law enforcement officer currently certified under the
359Criminal Justice Standards and Training Commission or has
360completed the training required for that certification within
361the last 12 months, or if the applicant submits one of the
362certificates specified in paragraph (6)(a) (7)(a), the
363department may waive the foregoing firearms training
364requirement.
365     (6)(7)  In addition to the requirements under subsection
366(3), an applicant for a Class "K" license shall:
367     (a)  Submit one of the following certificates:
368     1.  The Florida Criminal Justice Standards and Training
369Commission Firearms Instructor's Certificate and confirmation by
370the commission that the applicant is authorized to provide
371firearms instruction.
372     2.  The National Rifle Association Law Enforcement Police
373Firearms Instructor's Certificate.
374     3.  The National Rifle Association Security Firearms
375Instructor's Certificate.
376     3.4.  A firearms instructor's training certificate issued
377by any branch of the United States Armed Forces, from a federal
378law enforcement academy or agency, state, county, or a law
379enforcement municipal police academy or agency in this state
380recognized as such by the Criminal Justice Standards and
381Training Commission or by the Department of Education.
382     (b)  Pay the fee for and pass an examination administered
383by the department which shall be based upon, but is not
384necessarily limited to, a firearms instruction manual provided
385by the department.
386     (7)(8)  In addition to the application requirements for
387individuals, partners, or officers outlined under subsection
388(3), the application for an agency license shall contain the
389following information:
390     (a)  The proposed name under which the agency intends to
391operate.
392     (b)  The street address, mailing address, and telephone
393numbers of the principal location at which business is to be
394conducted in this state.
395     (c)  The street address, mailing address, and telephone
396numbers of all branch offices within this state.
397     (d)  The names and titles of all partners or, in the case
398of a corporation, the names and titles of its principal
399officers.
400     (8)(9)  Upon submission of a complete application, a Class
401"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
402Class "MA," Class "MB," or Class "MR" applicant may commence
403employment or appropriate duties for a licensed agency or branch
404office. However, the Class "C" or Class "E" applicant must work
405under the direction and control of a sponsoring licensee while
406his or her application is being processed. If the department
407denies application for licensure, the employment of the
408applicant must be terminated immediately, unless he or she
409performs only unregulated duties.
410     Section 5.  Paragraph (f) of subsection (1) and paragraph
411(a) of subsection (2) of section 493.6106, Florida Statutes, are
412amended, and paragraph (g) is added to subsection (1) of that
413section, to read:
414     493.6106  License requirements; posting.-
415     (1)  Each individual licensed by the department must:
416     (f)  Be a citizen or permanent legal resident alien of the
417United States or have appropriate been granted authorization
418issued to seek employment in this country by the United States
419Bureau of Citizenship and Immigration Services of the United
420States Department of Homeland Security.
421     1.  An applicant for a Class "C," Class "CC," Class "D,"
422Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
423"MB," Class "MR," or Class "RI" license who is not a United
424States citizen must submit proof of current employment
425authorization issued by the United States Bureau of Citizenship
426and Immigration Services or proof that she or he is deemed a
427permanent legal resident alien by the United States Bureau of
428Citizenship and Immigration Services.
429     2.  An applicant for a Class "G" or Class "K" license who
430is not a United States citizen must submit proof that she or he
431is deemed a permanent legal resident alien by the United States
432Bureau of Citizenship and Immigration Services, together with
433additional documentation establishing that she or he has resided
434in the state of residence shown on the application for at least
43590 consecutive days before the date that the application is
436submitted.
437     3.  An applicant for an agency or school license who is not
438a United States citizen or permanent legal resident alien must
439submit documentation issued by the United States Bureau of
440Citizenship and Immigration Services stating that she or he is
441lawfully in the United States and is authorized to own and
442operate the type of agency or school for which she or he is
443applying. An employment authorization card issued by the United
444States Bureau of Citizenship and Immigration Services is not
445sufficient documentation.
446     (g)  Not be prohibited from purchasing or possessing a
447firearm by state or federal law if the individual is applying
448for a Class "G" license or a Class "K" license.
449     (2)  Each agency shall have a minimum of one physical
450location within this state from which the normal business of the
451agency is conducted, and this location shall be considered the
452primary office for that agency in this state.
453     (a)  If an agency or branch office desires to change the
454physical location of the business, as it appears on the agency
455license, the department must be notified within 10 days of the
456change, and, except upon renewal, the fee prescribed in s.
457493.6107 must be submitted for each license requiring revision.
458Each license requiring revision must be returned with such
459notification.
460     Section 6.  Subsection (3) of section 493.6107, Florida
461Statutes, is amended to read:
462     493.6107  Fees.-
463     (3)  The fees set forth in this section must be paid by
464certified check or money order or, at the discretion of the
465department, by agency check at the time the application is
466approved, except that the applicant for a Class "G" or Class "M"
467license must pay the license fee at the time the application is
468made. If a license is revoked or denied or if the application is
469withdrawn, the license fee shall not be refunded.
470     Section 7.  Paragraph (a) of subsection (1) and subsection
471(3) of section 493.6108, Florida Statutes, are amended to read:
472     493.6108  Investigation of applicants by Department of
473Agriculture and Consumer Services.-
474     (1)  Except as otherwise provided, prior to the issuance of
475a license under this chapter, the department shall make an
476investigation of the applicant for a license. The investigation
477shall include:
478     (a)1.  An examination of fingerprint records and police
479records. When a criminal history analysis of any applicant under
480this chapter is performed by means of fingerprint card
481identification, the time limitations prescribed by s. 120.60(1)
482shall be tolled during the time the applicant's fingerprint card
483is under review by the Department of Law Enforcement or the
484United States Department of Justice, Federal Bureau of
485Investigation.
486     2.  If a legible set of fingerprints, as determined by the
487Department of Law Enforcement or the Federal Bureau of
488Investigation, cannot be obtained after two attempts, the
489Department of Agriculture and Consumer Services may determine
490the applicant's eligibility based upon a criminal history record
491check under the applicant's name conducted by the Department of
492Law Enforcement if the and the Federal Bureau of Investigation.
493A set of fingerprints are taken by a law enforcement agency or
494the department and the applicant submits a written statement
495signed by the fingerprint technician or a licensed physician
496stating that there is a physical condition that precludes
497obtaining a legible set of fingerprints or that the fingerprints
498taken are the best that can be obtained is sufficient to meet
499this requirement.
500     (3)  The department shall also investigate the mental
501history and current mental and emotional fitness of any Class
502"G" or Class "K" applicant, and may deny a Class "G" or Class
503"K" license to anyone who has a history of mental illness or
504drug or alcohol abuse.
505     Section 8.  Subsection (4) of section 493.6111, Florida
506Statutes, is amended to read:
507     493.6111  License; contents; identification card.-
508     (4)  Notwithstanding the existence of a valid Florida
509corporate registration, an no agency or school licensee may not
510conduct activities regulated under this chapter under any
511fictitious name without prior written authorization from the
512department to use that name in the conduct of activities
513regulated under this chapter. The department may not authorize
514the use of a name which is so similar to that of a public
515officer or agency, or of that used by another licensee, that the
516public may be confused or misled thereby. The authorization for
517the use of a fictitious name shall require, as a condition
518precedent to the use of such name, the filing of a certificate
519of engaging in business under a fictitious name under s. 865.09.
520A No licensee may not shall be permitted to conduct business
521under more than one fictitious name except as separately
522licensed nor shall the license be valid to protect any licensee
523who is engaged in the business under any name other than that
524specified in the license. An agency desiring to change its
525licensed name shall notify the department and, except upon
526renewal, pay a fee not to exceed $30 for each license requiring
527revision including those of all licensed employees except Class
528"D" or Class "G" licensees. Upon the return of such licenses to
529the department, revised licenses shall be provided.
530     Section 9.  Subsection (2) and paragraph (a) of subsection
531(3) of section 493.6113, Florida Statutes, are amended to read:
532     493.6113  Renewal application for licensure.-
533     (2)  At least No less than 90 days before prior to the
534expiration date of the license, the department shall mail a
535written notice to the last known mailing residence address of
536the licensee for individual licensees and to the last known
537agency address for agencies.
538     (3)  Each licensee shall be responsible for renewing his or
539her license on or before its expiration by filing with the
540department an application for renewal accompanied by payment of
541the prescribed license fee.
542     (a)  Each Class "B" Class "A," Class "B," or Class "R"
543licensee shall additionally submit on a form prescribed by the
544department a certification of insurance which evidences that the
545licensee maintains coverage as required under s. 493.6110.
546     Section 10.  Subsection (8), paragraph (d) of subsection
547(12), and subsection (16) of section 493.6115, Florida Statutes,
548are amended to read:
549     493.6115  Weapons and firearms.-
550     (8)  A Class "G" applicant must satisfy the minimum
551training criteria as set forth in s. 493.6105(5)(6) and as
552established by rule of the department.
553     (12)  The department may issue a temporary Class "G"
554license, on a case-by-case basis, if:
555     (d)  The applicant has received approval from the
556department subsequent to its conduct of a criminal history
557record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
558     (16)  If the criminal history record check program
559referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
560department may issue a temporary "G" license on a case-by-case
561basis, provided that the applicant has met all statutory
562requirements for the issuance of a temporary "G" license as
563specified in subsection (12), excepting the criminal history
564record check stipulated there; provided, that the department
565requires that the licensed employer of the applicant conduct a
566criminal history record check of the applicant pursuant to
567standards set forth in rule by the department, and provide to
568the department an affidavit containing such information and
569statements as required by the department, including a statement
570that the criminal history record check did not indicate the
571existence of any criminal history that would prohibit licensure.
572Failure to properly conduct such a check, or knowingly providing
573incorrect or misleading information or statements in the
574affidavit shall constitute grounds for disciplinary action
575against the licensed agency, including revocation of license.
576     Section 11.  Paragraph (u) of subsection (1) of section
577493.6118, Florida Statutes, is redesignated as paragraph (v),
578and a new paragraph (u) is added to that subsection to read:
579     493.6118  Grounds for disciplinary action.-
580     (1)  The following constitute grounds for which
581disciplinary action specified in subsection (2) may be taken by
582the department against any licensee, agency, or applicant
583regulated by this chapter, or any unlicensed person engaged in
584activities regulated under this chapter.
585     (u)  For a Class "G" or a Class "K" applicant or licensee,
586being prohibited from purchasing or possessing a firearm by
587state or federal law.
588     Section 12.  Subsections (7) and (8) of section 493.6121,
589Florida Statutes, are renumbered as subsections (6) and (7),
590respectively, and present subsection (6) of that section is
591amended, to read:
592     493.6121  Enforcement; investigation.-
593     (6)  The department shall be provided access to the program
594that is operated by the Department of Law Enforcement, pursuant
595to s. 790.065, for providing criminal history record information
596to licensed gun dealers, manufacturers, and exporters. The
597department may make inquiries, and shall receive responses in
598the same fashion as provided under s. 790.065. The department
599shall be responsible for payment to the Department of Law
600Enforcement of the same fees as charged to others afforded
601access to the program.
602     Section 13.  Subsection (3) of section 493.6202, Florida
603Statutes, is amended to read:
604     493.6202  Fees.-
605     (3)  The fees set forth in this section must be paid by
606certified check or money order or, at the discretion of the
607department, by agency check at the time the application is
608approved, except that the applicant for a Class "G," Class "C,"
609Class "CC," Class "M," or Class "MA" license must pay the
610license fee at the time the application is made. If a license is
611revoked or denied or if the application is withdrawn, the
612license fee shall not be refunded.
613     Section 14.  Subsections (2), (4), and (6) of section
614493.6203, Florida Statutes, are amended to read:
615     493.6203  License requirements.-In addition to the license
616requirements set forth elsewhere in this chapter, each
617individual or agency shall comply with the following additional
618requirements:
619     (2)  An applicant for a Class "MA" license shall have 2
620years of lawfully gained, verifiable, full-time experience, or
621training in:
622     (a)  Private investigative work or related fields of work
623that provided equivalent experience or training;
624     (b)  Work as a Class "CC" licensed intern;
625     (c)  Any combination of paragraphs (a) and (b);
626     (d)  Experience described in paragraph (a) for 1 year and
627experience described in paragraph (e) for 1 year;
628     (e)  No more than 1 year using:
629     1.  College coursework related to criminal justice,
630criminology, or law enforcement administration; or
631     2.  Successfully completed law enforcement-related training
632received from any federal, state, county, or municipal agency;
633or
634     (f)  Experience described in paragraph (a) for 1 year and
635work in a managerial or supervisory capacity for 1 year.
636
637However, experience in performing bodyguard services is not
638creditable toward the requirements of this subsection.
639     (4)  An applicant for a Class "C" license shall have 2
640years of lawfully gained, verifiable, full-time experience, or
641training in one, or a combination of more than one, of the
642following:
643     (a)  Private investigative work or related fields of work
644that provided equivalent experience or training.
645     (b)  College coursework related to criminal justice,
646criminology, or law enforcement administration, or successful
647completion of any law enforcement-related training received from
648any federal, state, county, or municipal agency, except that no
649more than 1 year may be used from this category.
650     (c)  Work as a Class "CC" licensed intern.
651
652However, experience in performing bodyguard services is not
653creditable toward the requirements of this subsection.
654     (6)(a)  A Class "CC" licensee shall serve an internship
655under the direction and control of a designated sponsor, who is
656a Class "C," Class "MA," or Class "M" licensee.
657     (b)  Effective July 1, 2010 September 1, 2008, before
658submission of an application to the department, the an applicant
659for a Class "CC" license must have completed a minimum of 40 at
660least 24 hours of professional training a 40-hour course
661pertaining to general investigative techniques and this chapter,
662which course is offered by a state university or by a school,
663community college, college, or university under the purview of
664the Department of Education, and the applicant must pass an
665examination. The training must be provided in two parts, one 24-
666hour course and one 16-hour course. The certificate evidencing
667satisfactory completion of the 40 at least 24 hours of
668professional training a 40-hour course must be submitted with
669the application for a Class "CC" license. The remaining 16 hours
670must be completed and an examination passed within 180 days. If
671documentation of completion of the required training is not
672submitted within the specified timeframe, the individual's
673license is automatically suspended or his or her authority to
674work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
675until such time as proof of certificate of completion is
676provided to the department. The training course specified in
677this paragraph may be provided by face-to-face presentation,
678online technology, or a home study course in accordance with
679rules and procedures of the Department of Education. The
680administrator of the examination must verify the identity of
681each applicant taking the examination.
682     1.  Upon an applicant's successful completion of each part
683of the approved training course and passage of any required
684examination, the school, community college, college, or
685university shall issue a certificate of completion to the
686applicant. The certificates must be on a form established by
687rule of the department.
688     2.  The department shall establish by rule the general
689content of the professional training course and the examination
690criteria.
691     3.  If the license of an applicant for relicensure is has
692been invalid for more than 1 year, the applicant must complete
693the required training and pass any required examination.
694     (c)  An individual who submits an application for a Class
695"CC" license on or after September 1, 2008, through June 30,
6962010, who has not completed the 16-hour course must submit proof
697of successful completion of the course within 180 days after the
698date the application is submitted. If documentation of
699completion of the required training is not submitted by that
700date, the individual's license is automatically suspended until
701proof of the required training is submitted to the department.
702An individual licensed on or before August 31, 2008, is not
703required to complete additional training hours in order to renew
704an active license beyond the required total amount of training,
705and within the timeframe, in effect at the time he or she was
706licensed.
707     Section 15.  Subsection (3) of section 493.6302, Florida
708Statutes, is amended to read:
709     493.6302  Fees.-
710     (3)  The fees set forth in this section must be paid by
711certified check or money order or, at the discretion of the
712department, by agency check at the time the application is
713approved, except that the applicant for a Class "D," Class "G,"
714Class "M," or Class "MB" license must pay the license fee at the
715time the application is made. If a license is revoked or denied
716or if the application is withdrawn, the license fee shall not be
717refunded.
718     Section 16.  Subsection (4) of section 493.6303, Florida
719Statutes, is amended to read:
720     493.6303  License requirements.-In addition to the license
721requirements set forth elsewhere in this chapter, each
722individual or agency shall comply with the following additional
723requirements:
724     (4)(a)  Effective July 1, 2010, an applicant for a Class
725"D" license must submit proof of successful completion of
726complete a minimum of 40 hours of professional training at a
727school or training facility licensed by the department. The
728training must be provided in two parts, one 24-hour course and
729one 16-hour course. The department shall by rule establish the
730general content and number of hours of each subject area to be
731taught.
732     (b)  An individual who submits an application for a Class
733"D" license on or after January 1, 2007, through June 30, 2010,
734who has not completed the 16-hour course must submit proof of
735successful completion of the course within 180 days after the
736date the application is submitted. If documentation of
737completion of the required training is not submitted by that
738date, the individual's license is automatically suspended until
739proof of the required training is submitted to the department.
740This section does not require a person licensed before January
7411, 2007, to complete additional training hours in order to renew
742an active license beyond the required total amount of training
743within the timeframe prescribed by law at the time he or she was
744licensed. An applicant may fulfill the training requirement
745prescribed in paragraph (a) by submitting proof of:
746     1.  Successful completion of the total number of required
747hours of training before initial application for a Class "D"
748license; or
749     2.  Successful completion of 24 hours of training before
750initial application for a Class "D" license and successful
751completion of the remaining 16 hours of training within 180 days
752after the date that the application is submitted. If
753documentation of completion of the required training is not
754submitted within the specified timeframe, the individual's
755license is automatically suspended until such time as proof of
756the required training is provided to the department.
757     (c)  An individual However, any person whose license is
758suspended or has been revoked, suspended pursuant to paragraph
759(b) subparagraph 2., or is expired for at least 1 year, or
760longer is considered, upon reapplication for a license, an
761initial applicant and must submit proof of successful completion
762of 40 hours of professional training at a school or training
763facility licensed by the department as provided prescribed in
764paragraph (a) before a license is will be issued. Any person
765whose license was issued before January 1, 2007, and whose
766license has been expired for less than 1 year must, upon
767reapplication for a license, submit documentation of completion
768of the total number of hours of training prescribed by law at
769the time her or his initial license was issued before another
770license will be issued. This subsection does not require an
771individual licensed before January 1, 2007, to complete
772additional training hours in order to renew an active license,
773beyond the required total amount of training within the
774timeframe prescribed by law at the time she or he was licensed.
775     Section 17.  Subsection (2) of section 493.6304, Florida
776Statutes, is amended to read:
777     493.6304  Security officer school or training facility.-
778     (2)  The application shall be signed and verified by the
779applicant under oath as provided in s. 92.525 notarized and
780shall contain, at a minimum, the following information:
781     (a)  The name and address of the school or training
782facility and, if the applicant is an individual, her or his
783name, address, and social security or alien registration number.
784     (b)  The street address of the place at which the training
785is to be conducted.
786     (c)  A copy of the training curriculum and final
787examination to be administered.
788     Section 18.  Subsections (7) and (8) of section 493.6401,
789Florida Statutes, are amended to read:
790     493.6401  Classes of licenses.-
791     (7)  Any person who operates a recovery agent repossessor
792school or training facility or who conducts an Internet-based
793training course or a correspondence training course must have a
794Class "RS" license.
795     (8)  Any individual who teaches or instructs at a Class
796"RS" recovery agent repossessor school or training facility
797shall have a Class "RI" license.
798     Section 19.  Paragraphs (f) and (g) of subsection (1) and
799subsection (3) of section 493.6402, Florida Statutes, are
800amended to read:
801     493.6402  Fees.-
802     (1)  The department shall establish by rule biennial
803license fees which shall not exceed the following:
804     (f)  Class "RS" license-recovery agent repossessor school
805or training facility: $60.
806     (g)  Class "RI" license-recovery agent repossessor school
807or training facility instructor: $60.
808     (3)  The fees set forth in this section must be paid by
809certified check or money order, or, at the discretion of the
810department, by agency check at the time the application is
811approved, except that the applicant for a Class "E," Class "EE,"
812or Class "MR" license must pay the license fee at the time the
813application is made. If a license is revoked or denied, or if an
814application is withdrawn, the license fee shall not be refunded.
815     Section 20.  Subsections (1) and (2) of section 493.6406,
816Florida Statutes, are amended to read:
817     493.6406  Recovery agent Repossession services school or
818training facility.-
819     (1)  Any school, training facility, or instructor who
820offers the training outlined in s. 493.6403(2) for Class "E" or
821Class "EE" applicants shall, before licensure of such school,
822training facility, or instructor, file with the department an
823application accompanied by an application fee in an amount to be
824determined by rule, not to exceed $60. The fee shall not be
825refundable. This training may be offered as face-to-face
826training, Internet-based training, or correspondence training.
827     (2)  The application shall be signed and verified by the
828applicant under oath as provided in s. 92.525 notarized and
829shall contain, at a minimum, the following information:
830     (a)  The name and address of the school or training
831facility and, if the applicant is an individual, his or her
832name, address, and social security or alien registration number.
833     (b)  The street address of the place at which the training
834is to be conducted or the street address of the Class "RS"
835school offering Internet-based or correspondence training.
836     (c)  A copy of the training curriculum and final
837examination to be administered.
838     Section 21.  Paragraph (a) of subsection (2) of section
839501.605, Florida Statutes, is amended to read:
840     501.605  Licensure of commercial telephone sellers.-
841     (2)  An applicant for a license as a commercial telephone
842seller must submit to the department, in such form as it
843prescribes, a written application for the license. The
844application must set forth the following information:
845     (a)  The true name, date of birth, driver's license number,
846social security number, and home address of the applicant,
847including each name under which he or she intends to do
848business.
849
850The application shall be accompanied by a copy of any: Script,
851outline, or presentation the applicant will require or suggest a
852salesperson to use when soliciting, or, if no such document is
853used, a statement to that effect; sales information or
854literature to be provided by the applicant to a salesperson; and
855sales information or literature to be provided by the applicant
856to a purchaser in connection with any solicitation.
857     Section 22.  Paragraph (a) of subsection (1) of section
858501.607, Florida Statutes, is amended to read:
859     501.607  Licensure of salespersons.-
860     (1)  An applicant for a license as a salesperson must
861submit to the department, in such form as it prescribes, a
862written application for a license. The application must set
863forth the following information:
864     (a)  The true name, date of birth, driver's license number,
865social security number, and home address of the applicant.
866     Section 23.  Subsection (2) of section 501.913, Florida
867Statutes, is amended to read:
868     501.913  Registration.-
869     (2)  The completed application shall be accompanied by:
870     (a)  Specimens or facsimiles of the label for each brand of
871antifreeze;
872     (b)  An application fee of $200 for each brand; and
873     (c)  A properly labeled sample of at least 1 gallon, but
874not more than 2 gallons, of each brand of antifreeze.
875     Section 24.  Subsection (2) of section 525.01, Florida
876Statutes, is amended to read:
877     525.01  Gasoline and oil to be inspected.-
878     (2)  All petroleum fuels are shall be subject to inspection
879and analysis by the department. Before selling or offering for
880sale in this state any petroleum fuel, all manufacturers,
881terminal suppliers, wholesalers, and importers as defined in s.
882206.01 jobbers shall file with the department:
883     (a)  An affidavit that they desire to do business in this
884state, and the name and address of the manufacturer of the
885petroleum fuel.
886     (b)  An affidavit stating that the petroleum fuel is in
887conformity with the standards prescribed by department rule.
888     Section 25.  Subsections (1) and (3) of section 525.09,
889Florida Statutes, are amended to read:
890     525.09  Inspection fee.-
891     (1)  For the purpose of defraying the expenses incident to
892inspecting, testing, and analyzing petroleum fuels in this
893state, there shall be paid to the department a charge of one-
894eighth cent per gallon on all gasoline, alternative fuel
895containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
896kerosene (except when used as aviation turbine fuel), and #1
897fuel oil for sale or use in this state. This inspection fee
898shall be imposed in the same manner as the motor fuel tax
899pursuant to s. 206.41. Payment shall be made on or before the
90025th day of each month.
901     (3)  All remittances to the department for the inspection
902tax herein provided shall be accompanied by a detailed report
903under oath showing the number of gallons of gasoline,
904alternative fuel containing alcohol as defined in s.
905525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
906in each county.
907     Section 26.  Section 526.50, Florida Statutes, is amended
908to read:
909     526.50  Definition of terms.-As used in this part:
910     (1)  "Brake fluid" means the fluid intended for use as the
911liquid medium through which force is transmitted in the
912hydraulic brake system of a vehicle operated upon the highways.
913     (2)  "Brand" means the product name appearing on the label
914of a container of brake fluid.
915     (3)(5)  "Container" means any receptacle in which brake
916fluid is immediately contained when sold, but does not mean a
917carton or wrapping in which a number of such receptacles are
918shipped or stored or a tank car or truck.
919     (4)(2)  "Department" means the Department of Agriculture
920and Consumer Services.
921     (5)  "Formula" means the name of the chemical mixture or
922composition of the brake fluid product.
923     (6)(4)  "Labeling" includes all written, printed or graphic
924representations, in any form whatsoever, imprinted upon or
925affixed to any container of brake fluid.
926     (7)(6)  "Permit year" means a period of 12 months
927commencing July 1 and ending on the next succeeding June 30.
928     (8)(7)  "Registrant" means any manufacturer, packer,
929distributor, seller, or other person who has registered a brake
930fluid with the department.
931     (9)(3)  "Sell" includes give, distribute, barter, exchange,
932trade, keep for sale, offer for sale or expose for sale, in any
933of their variant forms.
934     Section 27.  Section 526.51, Florida Statutes, is amended
935to read:
936     526.51  Registration; renewal and fees; departmental
937expenses; cancellation or refusal to issue or renew.-
938     (1)(a)  Application for registration of each brand of brake
939fluid shall be made on forms to be supplied by the department.
940The applicant shall give his or her name and address and the
941brand name of the brake fluid, state that he or she owns the
942brand name and has complete control over the product sold
943thereunder in Florida, and provide the name and address of the
944resident agent in Florida. If the applicant does not own the
945brand name but wishes to register the product with the
946department, a notarized affidavit that gives the applicant full
947authorization to register the brand name and that is signed by
948the owner of the brand name must accompany the application for
949registration. The affidavit must include all affected brand
950names, the owner's company or corporate name and address, the
951applicant's company or corporate name and address, and a
952statement from the owner authorizing the applicant to register
953the product with the department. The owner of the brand name
954shall maintain complete control over each product sold under
955that brand name in this state. All first-time brand-formula
956combination new product applications must be accompanied by a
957certified report from an independent testing laboratory, setting
958forth the analysis of the brake fluid which shall show its
959quality to be not less than the specifications established by
960the department for brake fluids. A sample of not less than 24
961fluid ounces of brake fluid shall be submitted, in a container
962or containers, with labels representing exactly how the
963containers of brake fluid will be labeled when sold, and the
964sample and container shall be analyzed and inspected by the
965Division of Standards in order that compliance with the
966department's specifications and labeling requirements may be
967verified. Upon approval of the application, the department shall
968register the brand name of the brake fluid and issue to the
969applicant a permit authorizing the registrant to sell the brake
970fluid in this state during the permit year specified in the
971permit.
972     (b)  Each applicant shall pay a fee of $100 with each
973application. An applicant seeking reregistration of a previously
974registered brand-formula combination must submit a completed
975application and all materials required under this subsection to
976the department before the first day of the permit year. A brand-
977formula combination for which a completed application and all
978materials required under this subsection are not received before
979the first day of the permit year ceases to be registered with
980the department until a completed application and all materials
981required under this subsection are received and approved. Any
982fee, application, or materials received after the first day of
983the permit year, if the brand-formula combination was previously
984registered with the department, A permit may be renewed by
985application to the department, accompanied by a renewal fee of
986$50 on or before the last day of the permit year immediately
987preceding the permit year for which application is made for
988renewal of registration. To any fee not paid when due, there
989shall accrue a penalty of $25, which shall be added to the
990renewal fee. Renewals will be accepted only on brake fluids that
991have no change in formula, composition, or brand name. Any
992change in formula, composition, or brand name of any brake fluid
993constitutes a new product that must be registered in accordance
994with this part.
995     (2)  All fees collected under the provisions of this
996section shall be credited to the General Inspection Trust Fund
997of the department and all expenses incurred in the enforcement
998of this part shall be paid from said fund.
999     (3)  The department may cancel or, refuse to issue or
1000refuse to renew any registration and permit after due notice and
1001opportunity to be heard if it finds that the brake fluid is
1002adulterated or misbranded or that the registrant has failed to
1003comply with the provisions of this part or the rules and
1004regulations promulgated thereunder.
1005     Section 28.  Paragraph (a) of subsection (3) of section
1006526.52, Florida Statutes, is amended to read:
1007     526.52  Specifications; adulteration and misbranding.-
1008     (3)  Brake fluid is deemed to be misbranded:
1009     (a)  If its container does not bear on its side or top a
1010label on which is printed the name and place of business of the
1011registrant of the product, the words "brake fluid," and a
1012statement that the product therein equals or exceeds the minimum
1013specification of the Society of Automotive Engineers for heavy-
1014duty-type brake fluid or equals or exceeds Federal Motor Vehicle
1015Safety Standard No. 116 adopted by the United States Department
1016of Transportation, heavy-duty-type. By regulation the department
1017may require that the duty-type classification appear on the
1018label.
1019     Section 29.  Subsection (2) of section 526.53, Florida
1020Statutes, is amended to read:
1021     526.53  Enforcement; inspection and analysis, stop-sale and
1022disposition, regulations.-
1023     (2)(a)  When any brake fluid is sold in violation of any of
1024the provisions of this part, all such affected brake fluid of
1025the same brand name on the same premises on which the violation
1026occurred shall be placed under a stop-sale order by the
1027department by serving the owner of the brand name, distributor,
1028or other entity responsible for selling or distributing the
1029product in the state with the stop-sale order. The department
1030shall withdraw its stop-sale order upon the removal of the
1031violation or upon voluntary destruction of the product, or other
1032disposal approved by the department, under the supervision of
1033the department.
1034     (b)  In addition to being subject to the stop-sale
1035procedures above, unregistered brake fluid shall be held by the
1036department or its representative, at a place to be designated in
1037the stop-sale order, until properly registered and released in
1038writing by the department or its representative. If application
1039is has not been made for registration of the such product within
104030 days after issue of the stop-sale order, such product shall
1041be disposed of by the department, or, with the department's
1042consent, by the business, to any tax-supported institution or
1043agency of the state if the brake fluid meets legal
1044specifications or by other disposal authorized by rule of the
1045department if it fails to meet legal specifications.
1046     Section 30.  Subsections (1) and (3) and paragraphs (a) and
1047(c) of subsection (5) of section 527.0201, Florida Statutes, are
1048amended to read:
1049     527.0201  Qualifiers; master qualifiers; examinations.-
1050     (1)  In addition to the requirements of s. 527.02, any
1051person applying for a license to engage in the activities of a
1052pipeline system operator, category I liquefied petroleum gas
1053dealer, category II liquefied petroleum gas dispenser, category
1054IV liquefied petroleum gas dispenser and recreational vehicle
1055servicer, category V liquefied petroleum gases dealer for
1056industrial uses only, LP gas installer, specialty installer,
1057requalifier requalification of cylinders, or fabricator,
1058repairer, and tester of vehicles and cargo tanks must prove
1059competency by passing a written examination administered by the
1060department or its agent with a grade of at least 75 percent in
1061each area tested or above. Each applicant for examination shall
1062submit a $20 nonrefundable fee. The department shall by rule
1063specify the general areas of competency to be covered by each
1064examination and the relative weight to be assigned in grading
1065each area tested.
1066     (3)  Qualifier cards issued to category I liquefied
1067petroleum gas dealers and liquefied petroleum gas installers
1068shall expire 3 years after the date of issuance. All category I
1069liquefied petroleum gas dealer qualifiers and liquefied
1070petroleum gas installer qualifiers holding a valid qualifier
1071card upon the effective date of this act shall retain their
1072qualifier status until July 1, 2003, and may sit for the master
1073qualifier examination at any time during that time period. All
1074such category I liquefied petroleum gas dealer qualifiers and
1075liquefied petroleum gas installer qualifiers may renew their
1076qualification on or before July 1, 2003, upon application to the
1077department, payment of a $20 renewal fee, and documentation of
1078the completion of a minimum of 16 12 hours of approved
1079continuing education courses, as defined by department rule,
1080during the previous 3-year period. Applications for renewal must
1081be made 30 calendar days prior to expiration. Persons failing to
1082renew prior to the expiration date must reapply and take a
1083qualifier competency examination in order to reestablish
1084category I liquefied petroleum gas dealer qualifier and
1085liquefied petroleum gas installer qualifier status. If a
1086category I liquefied petroleum gas qualifier or liquefied
1087petroleum gas installer qualifier becomes a master qualifier at
1088any time during the effective date of the qualifier card, the
1089card shall remain in effect until expiration of the master
1090qualifier certification.
1091     (5)  In addition to all other licensing requirements, each
1092category I liquefied petroleum gas dealer and liquefied
1093petroleum gas installer must, at the time of application for
1094licensure, identify to the department one master qualifier who
1095is a full-time employee at the licensed location. This person
1096shall be a manager, owner, or otherwise primarily responsible
1097for overseeing the operations of the licensed location and must
1098provide documentation to the department as provided by rule. The
1099master qualifier requirement shall be in addition to the
1100requirements of subsection (1).
1101     (a)  In order to apply for certification as a master
1102qualifier, each applicant must be a category I liquefied
1103petroleum gas dealer qualifier or liquefied petroleum gas
1104installer qualifier, must be employed by a licensed category I
1105liquefied petroleum gas dealer, liquefied petroleum gas
1106installer, or applicant for such license, must provide
1107documentation of a minimum of 1 year's work experience in the
1108gas industry, and must pass a master qualifier competency
1109examination. Master qualifier examinations shall be based on
1110Florida's laws, rules, and adopted codes governing liquefied
1111petroleum gas safety, general industry safety standards, and
1112administrative procedures. The examination must be successfully
1113passed completed by the applicant with a grade of at least 75
1114percent or more. Each applicant for master qualifier status
1115shall submit to the department a nonrefundable $30 examination
1116fee prior to the examination.
1117     (c)  Master qualifier status shall expire 3 years after the
1118date of issuance of the certificate and may be renewed by
1119submission to the department of documentation of completion of
1120at least 16 12 hours of approved continuing education courses
1121during the 3-year period; proof of employment with a licensed
1122category I liquefied petroleum gas dealer, liquefied petroleum
1123gas installer, or applicant; and a $30 certificate renewal fee.
1124The department shall define, by rule, approved courses of
1125continuing education.
1126     Section 31.  Section 527.12, Florida Statutes, is amended
1127to read:
1128     527.12  Cease and desist orders; stop-use orders; stop-
1129operation orders; stop-sale orders; administrative fines.-
1130     (1)  Whenever the department has shall have reason to
1131believe that any person is violating or has violated been
1132violating provisions of this chapter or any rules adopted under
1133this chapter pursuant thereto, the department it may issue a
1134cease and desist order, or impose a civil penalty, or do both
1135may issue such cease and desist order and impose a civil
1136penalty.
1137     (2)  Whenever a person or liquefied petroleum gas system or
1138storage facility, or any part or component thereof, fails to
1139comply with this chapter or any rules adopted under this
1140chapter, the department may issue a stop-use order, stop-
1141operation order, or stop-sale order.
1142     Section 32.  Subsection (1) of section 559.805, Florida
1143Statutes, is amended to read:
1144     559.805  Filings with the department; disclosure of
1145advertisement identification number.-
1146     (1)  Every seller of a business opportunity shall annually
1147file with the department a copy of the disclosure statement
1148required by s. 559.803 before prior to placing an advertisement
1149or making any other representation designed to offer to, sell
1150to, or solicit an offer to buy a business opportunity from a
1151prospective purchaser in this state and shall update this filing
1152by reporting any material change in the required information
1153within 30 days after the material change occurs. An
1154advertisement is not placed in the state merely because the
1155publisher circulates, or there is circulated on his or her
1156behalf in the state, any bona fide newspaper or other
1157publication of general, regular, and paid circulation which has
1158had more than two-thirds of its circulation during the past 12
1159months outside the state or because a radio or television
1160program originating outside the state is received in the state.
1161If the seller is required by s. 559.807 to provide a bond or
1162establish a trust account or guaranteed letter of credit, he or
1163she shall contemporaneously file with the department a copy of
1164the bond, a copy of the formal notification by the depository
1165that the trust account is established, or a copy of the
1166guaranteed letter of credit. Every seller of a business
1167opportunity shall file with the department a list of independent
1168agents who will engage in the offer or sale of business
1169opportunities on behalf of the seller in this state. This list
1170must be kept current and shall include the following
1171information: name, home and business address, telephone number,
1172present employer, social security number, and birth date. A No
1173person may not shall be allowed to offer or sell business
1174opportunities unless the required information is has been
1175provided to the department.
1176     Section 33.  Subsection (3) of section 559.928, Florida
1177Statutes, is amended to read:
1178     559.928  Registration.-
1179     (3)  Each independent agent shall annually file an
1180affidavit with the department before prior to engaging in
1181business in this state. This affidavit must include the
1182independent agent's full name, legal business or trade name,
1183mailing address, business address, telephone number, social
1184security number, and the name or names and addresses of each
1185seller of travel represented by the independent agent. A letter
1186evidencing proof of filing must be issued by the department and
1187must be prominently displayed in the independent agent's primary
1188place of business. Each independent agent must also submit an
1189annual registration fee of $50. All moneys collected pursuant to
1190the imposition of the fee shall be deposited by the Chief
1191Financial Officer into the General Inspection Trust Fund of the
1192Department of Agriculture and Consumer Services for the sole
1193purpose of administrating this part. As used in this subsection,
1194the term "independent agent" means a person who represents a
1195seller of travel by soliciting persons on its behalf; who has a
1196written contract with a seller of travel which is operating in
1197compliance with this part and any rules adopted thereunder; who
1198does not receive a fee, commission, or other valuable
1199consideration directly from the purchaser for the seller of
1200travel; who does not at any time have any unissued ticket stock
1201or travel documents in his or her possession; and who does not
1202have the ability to issue tickets, vacation certificates, or any
1203other travel document. The term "independent agent" does not
1204include an affiliate of the seller of travel, as that term is
1205used in s. 559.935(3), or the employees of the seller of travel
1206or of such affiliates.
1207     Section 34.  Subsection (7) of section 570.0725, Florida
1208Statutes, is amended to read:
1209     570.0725  Food recovery; legislative intent; department
1210functions.-
1211     (7)  For public information purposes, the department may
1212shall develop and provide a public information brochure
1213detailing the need for food banks and similar of food recovery
1214programs, the benefit of such food recovery programs, the manner
1215in which such organizations may become involved in such food
1216recovery programs, and the protection afforded to such programs
1217under s. 768.136, and the food recovery entities or food banks
1218that exist in the state. This brochure must be updated annually.
1219A food bank or similar food recovery organization seeking to be
1220included on a list of such organizations must notify the
1221department and provide the information required by rule of the
1222department. Such organizations are responsible for updating the
1223information and providing the updated information to the
1224department. The department may adopt rules to implement this
1225section.
1226     Section 35.  Paragraph (e) of subsection (6) of section
1227570.53, Florida Statutes, is amended to read:
1228     570.53  Division of Marketing and Development; powers and
1229duties.-The powers and duties of the Division of Marketing and
1230Development include, but are not limited to:
1231     (6)
1232     (e)  Extending in every practicable way the distribution
1233and sale of Florida agricultural products throughout the markets
1234of the world as required of the department by s. ss. 570.07(7),
1235(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1236     Section 36.  Subsection (2) of section 570.54, Florida
1237Statutes, is amended to read:
1238     570.54  Director; duties.-
1239     (2)  It shall be the duty of the director of this division
1240to supervise, direct, and coordinate the activities authorized
1241by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1242(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1243chapters 504, 571, 573, and 574 and to exercise other powers and
1244authority as authorized by the department.
1245     Section 37.  Subsection (4) of section 570.55, Florida
1246Statutes, is amended to read:
1247     570.55  Identification of sellers or handlers of tropical
1248or subtropical fruit and vegetables; containers specified;
1249penalties.-
1250     (4)  IDENTIFICATION OF HANDLER.-At the time of each
1251transaction involving the handling or sale of 55 pounds or more
1252of tropical or subtropical fruit or vegetables in the primary
1253channel of trade, the buyer or receiver of the tropical or
1254subtropical fruit or vegetables shall demand a bill of sale,
1255invoice, sales memorandum, or other document listing the date of
1256the transaction, the quantity of the tropical or subtropical
1257fruit or vegetables involved in the transaction, and the
1258identification of the seller or handler as it appears on the
1259driver's license of the seller or handler, including the
1260driver's license number. If the seller or handler does not
1261possess a driver's license, the buyer or receiver shall use any
1262other acceptable means of identification, which may include, but
1263is not limited to, i.e., voter's registration card and number,
1264draft card, social security card, or other identification.
1265However, no less than two identification documents shall be
1266used. The identification of the seller or handler shall be
1267recorded on the bill of sale, sales memorandum, invoice, or
1268voucher, which shall be retained by the buyer or receiver for a
1269period of not less than 1 year from the date of the transaction.
1270     Section 38.  Subsection (3) of section 570.902, Florida
1271Statutes, is amended to read:
1272     570.902  Definitions; ss. 570.902 and 570.903.-For the
1273purpose of ss. 570.902 and 570.903:
1274     (3)  "Museum" means the Florida Agricultural Museum which
1275is designated as the museum for agriculture and rural history of
1276the State of Florida.
1277     Section 39.  Section 570.903, Florida Statutes, is amended
1278to read:
1279     570.903  Direct-support organization.-
1280     (1)  When the Legislature authorizes the establishment of a
1281direct-support organization to provide assistance for the
1282museums, the Florida Agriculture in the Classroom Program, the
1283Florida State Collection of Arthropods, the Friends of the
1284Florida State Forests Program of the Division of Forestry, and
1285the Forestry Arson Alert Program, and other programs of the
1286department, the following provisions shall govern the creation,
1287use, powers, and duties of the direct-support organization.
1288     (a)  The department shall enter into a memorandum or letter
1289of agreement with the direct-support organization, which shall
1290specify the approval of the department, the powers and duties of
1291the direct-support organization, and rules with which the
1292direct-support organization shall comply.
1293     (b)  The department may permit, without charge, appropriate
1294use of property, facilities, and personnel of the department by
1295a direct-support organization, subject to the provisions of ss.
1296570.902 and 570.903. The use shall be directly in keeping with
1297the approved purposes of the direct-support organization and
1298shall not be made at times or places that would unreasonably
1299interfere with opportunities for the general public to use
1300department facilities for established purposes.
1301     (c)  The department shall prescribe by contract or by rule
1302conditions with which a direct-support organization shall comply
1303in order to use property, facilities, or personnel of the
1304department or museum. Such rules shall provide for budget and
1305audit review and oversight by the department.
1306     (d)  The department shall not permit the use of property,
1307facilities, or personnel of the museum, department, or
1308designated program by a direct-support organization which does
1309not provide equal employment opportunities to all persons
1310regardless of race, color, religion, sex, age, or national
1311origin.
1312     (2)(a)  The direct-support organization shall be empowered
1313to conduct programs and activities; raise funds; request and
1314receive grants, gifts, and bequests of money; acquire, receive,
1315hold, invest, and administer, in its own name, securities,
1316funds, objects of value, or other property, real or personal;
1317and make expenditures to or for the direct or indirect benefit
1318of the museum or designated program.
1319     (b)  Notwithstanding the provisions of s. 287.057, the
1320direct-support organization may enter into contracts or
1321agreements with or without competitive bidding for the
1322restoration of objects, historical buildings, and other
1323historical materials or for the purchase of objects, historical
1324buildings, and other historical materials which are to be added
1325to the collections of the museum, or benefit of the designated
1326program. However, before the direct-support organization may
1327enter into a contract or agreement without competitive bidding,
1328the direct-support organization shall file a certification of
1329conditions and circumstances with the internal auditor of the
1330department justifying each contract or agreement.
1331     (c)  Notwithstanding the provisions of s. 287.025(1)(e),
1332the direct-support organization may enter into contracts to
1333insure property of the museum or designated programs and may
1334insure objects or collections on loan from others in satisfying
1335security terms of the lender.
1336     (3)  The direct-support organization shall provide for an
1337annual financial audit in accordance with s. 215.981.
1338     (4)  Neither a designated program or a museum, nor a
1339nonprofit corporation trustee or employee may:
1340     (a)  Receive a commission, fee, or financial benefit in
1341connection with the sale or exchange of property historical
1342objects or properties to the direct-support organization, the
1343museum, or the designated program; or
1344     (b)  Be a business associate of any individual, firm, or
1345organization involved in the sale or exchange of property to the
1346direct-support organization, the museum, or the designated
1347program.
1348     (5)  All moneys received by the direct-support organization
1349shall be deposited into an account of the direct-support
1350organization and shall be used by the organization in a manner
1351consistent with the goals of the museum or designated program.
1352     (6)  The identity of a donor or prospective donor who
1353desires to remain anonymous and all information identifying such
1354donor or prospective donor are confidential and exempt from the
1355provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1356Constitution.
1357     (7)  The Commissioner of Agriculture, or the commissioner's
1358designee, may serve on the board of trustees and the executive
1359committee of any direct-support organization established to
1360benefit the museum or any designated program.
1361     (8)  The department shall establish by rule archival
1362procedures relating to museum artifacts and records. The rules
1363shall provide procedures which protect the museum's artifacts
1364and records equivalent to those procedures which have been
1365established by the Department of State under chapters 257 and
1366267.
1367     Section 40.  Subsection (4) of section 573.118, Florida
1368Statutes, is amended to read:
1369     573.118  Assessment; funds; audit; loans.-
1370     (4)  In the event of levying and collecting of assessments,
1371for each fiscal year in which assessment funds are received by
1372the department, the department shall maintain records of
1373collections and expenditures for each marketing order separately
1374within the state's accounting system. If requested by an
1375advisory council, department staff shall cause to be made a
1376thorough annual audit of the books and accounts by a certified
1377public accountant, such audit to be completed within 60 days
1378after the request is received end of the fiscal year. The
1379advisory council department and all producers and handlers
1380covered by the marketing order shall be provided a copy of the
1381properly advised of the details of the annual official audit of
1382the accounts as shown by the certified public accountant within
138330 days after completion of the audit.
1384     Section 41.  Subsections (18) through (30) of section
1385581.011, Florida Statutes, are renumbered as subsections (17)
1386through (29), respectively, and present subsections (17) and
1387(20) of that section are amended to read:
1388     581.011  Definitions.-As used in this chapter:
1389     (17)  "Museum" means the Florida State Collection of
1390Arthropods.
1391     (19)(20)  "Nursery" means any grounds or premises on or in
1392which nursery stock is grown, propagated, or held for sale or
1393distribution, including except where aquatic plant species are
1394tended for harvest in the natural environment.
1395     Section 42.  Paragraph (a) of subsection (3) of section
1396581.211, Florida Statutes, is amended to read:
1397     581.211  Penalties for violations.-
1398     (3)(a)1.  In addition to any other provision of law, the
1399department may, after notice and hearing, impose an
1400administrative fine not exceeding $10,000 $5,000 for each
1401violation of this chapter, upon any person, nurseryman, stock
1402dealer, agent or plant broker. The fine, when paid, shall be
1403deposited in the Plant Industry Trust Fund. In addition, the
1404department may place the violator on probation for up to 1 year,
1405with conditions.
1406     2.  The imposition of a fine or probation pursuant to this
1407subsection may be in addition to or in lieu of the suspension or
1408revocation of a certificate of registration or certificate of
1409inspection.
1410     Section 43.  Section 583.13, Florida Statutes, is amended
1411to read:
1412     583.13  Labeling and advertising requirements for dressed
1413poultry; unlawful acts.-
1414     (1)  It is unlawful for any dealer or broker to sell, offer
1415for sale, or hold for the purpose of sale in the state any
1416dressed or ready-to-cook poultry in bulk unless the such poultry
1417is packed in a container clearly bearing a label, not less than
14183 inches by 5 inches, on which shall be plainly and legibly
1419printed, in letters of not less than 1/4 inch high in height,
1420the grade and the part name or whole-bird statement of such
1421poultry. The grade may be expressed in the term "premium,"
1422"good," or "standard," or as the grade of another state or
1423federal agency the standards of quality of which, by law, are
1424equal to the standards of quality provided by this law and rules
1425promulgated hereunder.
1426     (2)  It is unlawful to sell unpackaged dressed or ready-to-
1427cook poultry at retail unless such poultry is labeled by a
1428placard immediately adjacent to the poultry or unless each bird
1429is individually labeled to show the grade and the part name or
1430whole-bird statement. The placard shall be no smaller than 7
1431inches by 7 inches in size, and the required labeling
1432information shall be legibly and plainly printed on the placard
1433in letters not smaller than 1 inch in height.
1434     (3)  It is unlawful to sell packaged dressed or ready-to-
1435cook poultry at retail unless such poultry is labeled to show
1436the grade, the part name or whole-bird statement, the net weight
1437of the poultry, and the name and address of the dealer. The size
1438of the type on the label must be one-eighth inch or larger. A
1439placard immediately adjacent to such poultry may be used to
1440indicate the grade and the part name or whole-bird statement,
1441but not the net weight of the poultry or the name and address of
1442the dealer.
1443     (4)  It is unlawful to use dressed or ready-to-cook poultry
1444in bulk in the preparation of food served to the public, or to
1445hold such poultry for the purpose of such use, unless the
1446poultry when received was packed in a container clearly bearing
1447a label, not less than 3 inches by 5 inches, on which was
1448plainly and legibly printed, in letters not less than 1/4 one-
1449fourth inch high in height, the grade and the part name or
1450whole-bird statement of such poultry. The grade may be expressed
1451in the term "premium," "good," or "standard," or as the grade of
1452another state or federal agency the standards of quality of
1453which, by law, are equal to the standards of quality provided by
1454this law and rules promulgated hereunder.
1455     (5)  It is unlawful to offer dressed or ready-to-cook
1456poultry for sale in any advertisement in a newspaper or
1457circular, on radio or television, or in any other form of
1458advertising without plainly designating in such advertisement
1459the grade and the part name or whole-bird statement of such
1460poultry.
1461     Section 44.  Subsections (4) and (5) of section 590.125,
1462Florida Statutes, are renumbered as subsections (5) and (6),
1463respectively, subsection (1), paragraph (b) of subsection (3),
1464and paragraph (c) of present subsection (4) are amended, and new
1465subsections (4) and (7) are added to that section, to read:
1466     590.125  Open burning authorized by the division.-
1467     (1)  DEFINITIONS.-As used in this section, the term:
1468     (a)  "Certified pile burner" means an individual who
1469successfully completes the division's pile burning certification
1470program and possesses a valid pile burner certification number.
1471     (b)  "Certified prescribed burn manager" means an
1472individual who successfully completes the certified prescribed
1473burning certification program of the division and possesses a
1474valid certification number.
1475     (c)(d)  "Extinguished" means:
1476     1.  that no spreading flame For wild land burning or
1477certified prescribed burning, that no spreading flames exist.
1478     2.  and no visible flame, smoke, or emissions For
1479vegetative land-clearing debris burning or pile burning, that no
1480visible flames exist.
1481     3.  For vegetative land-clearing debris burning or pile
1482burning in an area designated as smoke sensitive by the
1483division, that no visible flames, smoke, or emissions exist.
1484     (d)  "Land-clearing operation" means the uprooting or
1485clearing of vegetation in connection with the construction of
1486buildings and rights-of-way, land development, and mineral
1487operations. The term does not include the clearing of yard
1488trash.
1489     (e)  "Pile burning" means the burning of silvicultural,
1490agricultural, or land-clearing and tree-cutting debris
1491originating onsite, which is stacked together in a round or
1492linear fashion, including, but not limited to, a windrow.
1493     (f)(a)  "Prescribed burning" means the controlled
1494application of fire in accordance with a written prescription
1495for vegetative fuels under specified environmental conditions
1496while following appropriate precautionary measures that ensure
1497that the fire is confined to a predetermined area to accomplish
1498the planned fire or land-management objectives.
1499     (g)(c)  "Prescription" means a written plan establishing
1500the criteria necessary for starting, controlling, and
1501extinguishing a prescribed burn.
1502     (h)  "Yard trash" means vegetative matter resulting from
1503landscaping and yard maintenance operations and other such
1504routine property cleanup activities. The term includes materials
1505such as leaves, shrub trimmings, grass clippings, brush, and
1506palm fronds.
1507     (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1508PURPOSE.-
1509     (b)  Certified prescribed burning pertains only to
1510broadcast burning for purposes of silviculture, wildlife
1511management, ecological maintenance and restoration, and range
1512and pasture management. It must be conducted in accordance with
1513this subsection and:
1514     1.  May be accomplished only when a certified prescribed
1515burn manager is present on site with a copy of the prescription
1516from ignition of the burn to its completion.
1517     2.  Requires that a written prescription be prepared before
1518receiving authorization to burn from the division.
1519     3.  Requires that the specific consent of the landowner or
1520his or her designee be obtained before requesting an
1521authorization.
1522     4.  Requires that an authorization to burn be obtained from
1523the division before igniting the burn.
1524     5.  Requires that there be adequate firebreaks at the burn
1525site and sufficient personnel and firefighting equipment for the
1526control of the fire.
1527     6.  Is considered to be in the public interest and does not
1528constitute a public or private nuisance when conducted under
1529applicable state air pollution statutes and rules.
1530     7.  Is considered to be a property right of the property
1531owner if vegetative fuels are burned as required in this
1532subsection.
1533     (4)  CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
1534PURPOSE.-
1535     (a)  Pile burning is a tool that benefits current and
1536future generations in Florida by disposing of naturally
1537occurring vegetative debris through burning rather than
1538disposing of the debris in landfills.
1539     (b)  Certified pile burning pertains to the disposal of
1540piled, naturally occurring debris from an agricultural,
1541silvicultural, or temporary land-clearing operation. A land-
1542clearing operation is temporary if it operates for 6 months or
1543less. Certified pile burning must be conducted in accordance
1544with this subsection, and:
1545     1.  A certified pile burner must ensure, before ignition,
1546that the piles are properly placed and that the content of the
1547piles is conducive to efficient burning.
1548     2.  A certified pile burner must ensure that the piles are
1549properly extinguished no later than 1 hour after sunset. If the
1550burn is conducted in an area designated by the division as smoke
1551sensitive, a certified pile burner must ensure that the piles
1552are properly extinguished at least 1 hour before sunset.
1553     3.  A written pile burn plan must be prepared before
1554receiving authorization from the division to burn.
1555     4.  The specific consent of the landowner or his or her
1556agent must be obtained before requesting authorization to burn.
1557     5.  An authorization to burn must be obtained from the
1558division or its designated agent before igniting the burn.
1559     6.  There must be adequate firebreaks and sufficient
1560personnel and firefighting equipment at the burn site to control
1561the fire.
1562     (c)  If a burn is conducted in accordance with this
1563subsection, the property owner and his or her agent are not
1564liable under s. 590.13 for damage or injury caused by the fire
1565or resulting smoke, and are not in violation of subsection (2),
1566unless gross negligence is proven.
1567     (d)  A certified pile burner who violates this section
1568commits a misdemeanor of the second degree, punishable as
1569provided in s. 775.082 or s. 775.083.
1570     (e)  The division shall adopt rules regulating certified
1571pile burning. The rules shall include procedures and criteria
1572for certifying and decertifying certified pile burn managers
1573based on past experience, training, and record of compliance
1574with this section.
1575     (5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1576DIVISION.-The division may conduct fuel reduction initiatives,
1577including, but not limited to, burning and mechanical and
1578chemical treatment, on any area of wild land within the state
1579which is reasonably determined to be in danger of wildfire in
1580accordance with the following procedures:
1581     (c)  Prepare, and send the county tax collector shall
1582include with the annual tax statement, a notice to be sent to
1583all landowners in each area township designated by the division
1584as a wildfire hazard area. The notice must describe particularly
1585the area to be treated and the tentative date or dates of the
1586treatment and must list the reasons for and the expected
1587benefits from the wildfire hazard reduction.
1588     (7)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1589AUTHORIZATION PROGRAMS.-
1590     (a)  A county or municipality may exercise the division's
1591authority, if delegated by the division under this subsection,
1592to issue authorizations for the burning of yard trash or debris
1593from land-clearing operations. A county's or municipality's
1594existing or proposed open burning authorization program must:
1595     1.  Be approved by the division. The division shall not
1596approve a program if it fails to meet the requirements of
1597subsections (2) and (4) and any rules adopted under those
1598subsections.
1599     2.  Provide by ordinance or local law the requirements for
1600obtaining and performing a burn authorization that comply with
1601subsections (2) and (4) and any rules adopted under those
1602subsections.
1603     3.  Provide for the enforcement of the program's
1604requirements.
1605     4.  Provide financial, personnel, and other resources
1606needed to carry out the program.
1607     (b)  If the division determines that a county's or
1608municipality's open burning authorization program does not
1609comply with subsections (2) and (4) and any rules adopted under
1610those subsections, the division shall require the county or
1611municipality to take necessary corrective actions within a
1612reasonable period, not to exceed 90 days.
1613     1.  If the county or municipality fails to take the
1614necessary corrective actions within the required period, the
1615division shall resume administration of the open burning
1616authorization program in the county or municipality and the
1617county or municipality shall cease administration of its
1618program.
1619     2.  Each county and municipality administering an open
1620burning authorization program must cooperate with and assist the
1621division in carrying out the division's powers, duties, and
1622functions.
1623     3.  A person who violates the requirements of a county's or
1624municipality's open burning authorization program, as provided
1625by ordinance or local law enacted pursuant to this section,
1626commits a violation of this chapter, punishable as provided in
1627s. 590.14.
1628     Section 45.  Section 590.14, Florida Statutes, is amended
1629to read:
1630     590.14  Notice of violation; penalties.-
1631     (1)  If a division employee determines that a person has
1632violated chapter 589, or this chapter, or any rule adopted by
1633the division to administer provisions of law conferring duties
1634upon the division, the division employee he or she may issue a
1635notice of violation indicating the statute violated. This notice
1636will be filed with the division and a copy forwarded to the
1637appropriate law enforcement entity for further action if
1638necessary.
1639     (2)  In addition to any penalties provided by law, any
1640person who causes a wildfire or permits any authorized fire to
1641escape the boundaries of the authorization or to burn past the
1642time of the authorization is liable for the payment of all
1643reasonable costs and expenses incurred in suppressing the fire
1644or $150, whichever is greater. All costs and expenses incurred
1645by the division shall be payable to the division. When such
1646costs and expenses are not paid within 30 days after demand, the
1647division may take proper legal proceedings for the collection of
1648the costs and expenses. Those costs incurred by an agency acting
1649at the division's direction are recoverable by that agency.
1650     (3)  The department may also impose an administrative fine,
1651not to exceed $1,000 per violation of any section of chapter 589
1652or this chapter or violation of any rule adopted by the division
1653to administer provisions of law conferring duties upon the
1654division. The fine shall be based upon the degree of damage, the
1655prior violation record of the person, and whether the person
1656knowingly provided false information to obtain an authorization.
1657The fines shall be deposited in the Incidental Trust Fund of the
1658division.
1659     (4)  A person may not:
1660     (a)  Fail to comply with any rule or order adopted by the
1661division to administer provisions of law conferring duties upon
1662the division; or
1663     (b)  Knowingly make any false statement or representation
1664in any application, record, plan, or other document required by
1665this chapter or any rules adopted under this chapter.
1666     (5)  A person who violates paragraph (4)(a) or paragraph
1667(4)(b) commits a misdemeanor of the second degree, punishable as
1668provided in s. 775.082 or s. 775.083.
1669     (6)  It is the intent of the Legislature that a penalty
1670imposed by a court under subsection (5) be of a severity that
1671ensures immediate and continued compliance with this section.
1672     (7)(4)  The penalties provided in this section shall extend
1673to both the actual violator and the person or persons, firm, or
1674corporation causing, directing, or permitting the violation.
1675     Section 46.  Paragraph (a) of subsection (1) of section
1676599.004, Florida Statutes, is amended to read:
1677     599.004  Florida Farm Winery Program; registration; logo;
1678fees.-
1679     (1)  The Florida Farm Winery Program is established within
1680the Department of Agriculture and Consumer Services. Under this
1681program, a winery may qualify as a tourist attraction only if it
1682is registered with and certified by the department as a Florida
1683Farm Winery. A winery may not claim to be certified unless it
1684has received written approval from the department.
1685     (a)  To qualify as a certified Florida Farm Winery, a
1686winery shall meet the following standards:
1687     1.  Produce or sell less than 250,000 gallons of wine
1688annually.
1689     2.  Maintain a minimum of 10 acres of owned or managed land
1690vineyards in Florida which produces commodities used in the
1691production of wine.
1692     3.  Be open to the public for tours, tastings, and sales at
1693least 30 hours each week.
1694     4.  Make annual application to the department for
1695recognition as a Florida Farm Winery, on forms provided by the
1696department.
1697     5.  Pay an annual application and registration fee of $100.
1698     Section 47.  Subsection (1) of section 604.15, Florida
1699Statutes, is amended, and subsection (11) is added to that
1700section, to read:
1701     604.15  Dealers in agricultural products; definitions.-For
1702the purpose of ss. 604.15-604.34, the following words and terms,
1703when used, shall be construed to mean:
1704     (1)  "Agricultural products" means the natural products of
1705the farm, nursery, grove, orchard, vineyard, garden, and apiary
1706(raw or manufactured); sod; tropical foliage; horticulture; hay;
1707livestock; milk and milk products; poultry and poultry products;
1708the fruit of the saw palmetto (meaning the fruit of the Serenoa
1709repens); limes (meaning the fruit Citrus aurantifolia, variety
1710Persian, Tahiti, Bearss, or Florida Key limes); and any other
1711nonexempt agricultural products produced in the state, except
1712tobacco, sugarcane, tropical foliage, timber and timber
1713byproducts, forest products as defined in s. 591.17, and citrus
1714other than limes.
1715     (11)  "Responsible position" means a position within the
1716business of a dealer in agricultural products that has the
1717authority to negotiate or make the purchase of agricultural
1718products on behalf of the dealer's business or has principal
1719active management authority over the business decisions,
1720actions, and activities of the dealer's business in this state.
1721     Section 48.  Section 604.19, Florida Statutes, is amended
1722to read:
1723     604.19  License; fee; bond; certificate of deposit;
1724penalty.-Unless the department refuses the application on one or
1725more of the grounds provided in this section, it shall issue to
1726an applicant, upon the payment of required fees and the
1727execution and delivery of a bond or certificate of deposit as
1728provided in this section, a state license entitling the
1729applicant to conduct business as a dealer in agricultural
1730products for a 1-year period to coincide with the effective
1731period of the bond or certificate of deposit furnished by the
1732applicant. During the 1-year period covered by a license, if the
1733supporting surety bond or certificate of deposit is canceled for
1734any reason, the license shall automatically expire on the date
1735the surety bond or certificate of deposit terminates, unless an
1736acceptable replacement is in effect before the date of
1737termination so that continual coverage occurs for the remaining
1738period of the license. A surety company shall give the
1739department a 30-day written notice of cancellation by certified
1740mail in order to cancel a bond. Cancellation of a bond or
1741certificate of deposit does shall not relieve a surety company
1742or financial institution of liability for purchases or sales
1743occurring while the bond or certificate of deposit was in
1744effect. The license fee, which must be paid for the principal
1745place of business for a dealer in agricultural products, shall
1746be based upon the amount of the dealer's surety bond or
1747certificate of deposit furnished by each dealer under the
1748provisions of s. 604.20 and may not exceed $500. For each
1749additional place in which the applicant desires to conduct
1750business and which the applicant names in the application, the
1751additional license fee must be paid but may not exceed $100
1752annually. If a Should any dealer in agricultural products fails,
1753refuses, or neglects fail, refuse, or neglect to apply and
1754qualify for the renewal of a license on or before its the date
1755of expiration date thereof, a penalty not to exceed $100 shall
1756apply to and be added to the original license fee for the
1757principal place of business and to the license fee for each
1758additional place of business named in the application and shall
1759be paid by the applicant before the renewal license may be
1760issued. The department by rule shall prescribe fee amounts
1761sufficient to fund ss. 604.15-604.34.
1762     Section 49.  Subsections (1) and (4) of section 604.20,
1763Florida Statutes, are amended to read:
1764     604.20  Bond or certificate of deposit prerequisite;
1765amount; form.-
1766     (1)  Before any license is issued, the applicant therefor
1767shall make and deliver to the department a surety bond or
1768certificate of deposit in the amount of at least $5,000 or in
1769such greater amount as the department may determine. No bond or
1770certificate of deposit may be in an amount less than $5,000. The
1771penal sum of the bond or certificate of deposit to be furnished
1772to the department by an applicant for license as a dealer in
1773agricultural products shall be in an amount equal to twice the
1774average of the monthly dollar amounts amount of agricultural
1775products handled for a Florida producer or a producer's agent or
1776representative, by purchase or otherwise, during the month of
1777maximum transaction in such products during the preceding 12-
1778month period. Only those months in which the applicant handled,
1779by purchase or otherwise, amounts equal to or greater than
1780$1,000 shall be used to calculate the penal sum of the required
1781bond or certificate of deposit. An applicant for license who has
1782not handled agricultural products for a Florida producer or a
1783producer's agent or representative, by purchase or otherwise,
1784during the preceding 12-month period shall furnish a bond or
1785certificate of deposit in an amount equal to twice the estimated
1786average of the monthly dollar amounts amount of such
1787agricultural products to be handled, by purchase or otherwise,
1788during the month of maximum transaction during the next
1789immediate 12 months. Only those months in which the applicant
1790anticipates handling, by purchase or otherwise, amounts equal to
1791or greater than $1,000 shall be used to calculate the penal sum
1792of the required bond or certificate of deposit. Such bond or
1793certificate of deposit shall be provided or assigned in the
1794exact name in which the dealer will conduct business subject to
1795the provisions of ss. 604.15-604.34. Such bond must be executed
1796by a surety company authorized to transact business in the
1797state. For the purposes of ss. 604.19-604.21, the term
1798"certificate of deposit" means a certificate of deposit at any
1799recognized financial institution doing business in the United
1800States. No certificate of deposit may be accepted in connection
1801with an application for a dealer's license unless the issuing
1802institution is properly insured by either the Federal Deposit
1803Insurance Corporation or the Federal Savings and Loan Insurance
1804Corporation. Such bond or any certificate of deposit assignment
1805or agreement shall be upon a form prescribed or approved by the
1806department and shall be conditioned to secure the faithful
1807accounting for and payment, in the manner prescribed by s.
1808604.21(9), to producers or their agents or representatives of
1809the proceeds of all agricultural products handled or purchased
1810by such dealer, and to secure payment to dealers who sell
1811agricultural products to such dealer, and to pay any claims or
1812costs ordered under s. 604.21 as the result of a complaint. Such
1813bond or certificate of deposit assignment or agreement shall
1814include terms binding the instrument to the Commissioner of
1815Agriculture. A certificate of deposit shall be presented with an
1816assignment of applicant's rights in the certificate in favor of
1817the Commissioner of Agriculture on a form prescribed by the
1818department and with a letter from the issuing institution
1819acknowledging that the assignment has been properly recorded on
1820the books of the issuing institution and will be honored by the
1821issuing institution. Such assignment shall be irrevocable while
1822the dealer's license is in effect and for an additional period
1823of 6 months after the termination or expiration of the dealer's
1824license, provided no complaint is pending against the licensee.
1825If a complaint is pending, the assignment shall remain in effect
1826until all actions on the complaint have been finalized. The
1827certificate of deposit may be released by the assignee of the
1828financial institution to the licensee or the licensee's
1829successors, assignee, or heirs if no claims are pending against
1830the licensee before the department at the conclusion of 6 months
1831after the last effective date of the license. No certificate of
1832deposit shall be accepted that contains any provision that would
1833give the issuing institution any prior rights or claim on the
1834proceeds or principal of such certificate of deposit. The
1835department shall determine by rule the maximum amount of bond or
1836certificate of deposit required of a dealer and whether an
1837annual bond or certificate of deposit will be required.
1838     (4)  The department may issue a conditional license to an
1839applicant who is unable to provide a single bond or certificate
1840of deposit in the full amount required by the calculation in
1841subsection (1). The conditional license shall remain in effect
1842for a 1-year period to coincide with the effective period of the
1843bond or certificate of deposit furnished by the applicant. The
1844applicant must provide at least the minimum $5,000 bond or
1845certificate of deposit as provided in subsection (1) together
1846with documentation from each of three separate bonding companies
1847denying the applicant's request for a surety bond in the full
1848amount required in subsection (1) and one of the following:
1849     (a)  A notarized affidavit limiting the handling of
1850agricultural products, by purchase or otherwise, during their
1851largest month to a minimum of one-half the amount of the bond or
1852certificate of deposit provided by the applicant;
1853     (b)  A notarized affidavit stating that any subject
1854agricultural products, handled by purchase or otherwise,
1855exceeding one-half of the amount of the bond or certificate of
1856deposit will be handled under the exemption provisions set forth
1857in s. 604.16(2); or
1858     (c)  A second bond or certificate of deposit in such an
1859amount that, when the penal sum of the second bond or
1860certificate of deposit is added to the penal sum of the first
1861bond or certificate of deposit, the combined penal sum will
1862equal twice the dollar amount of agricultural products handled
1863for a Florida producer or a producer's agent or representative,
1864by purchase or otherwise, during the month of maximum
1865transaction in such products during the preceding 12-month
1866period.
1867
1868The department or its agents may require from any licensee who
1869is issued a conditional license verified statements of the
1870volume of the licensee's business or may review the licensee's
1871records at the licensee's place of business during normal
1872business hours to determine the licensee's adherence to the
1873conditions of the license. The failure of a licensee to furnish
1874such statement or to make such records available shall be cause
1875for suspension of the licensee's conditional license. If the
1876department finds such failure to be willful, the conditional
1877license may be revoked.
1878     Section 50.  Section 604.25, Florida Statutes, is amended
1879to read:
1880     604.25  Denial of, refusal to renew grant, or suspension or
1881revocation of, license.-
1882     (1)  The department may deny, refuse to renew, decline to
1883grant a license or may suspend or revoke a license already
1884granted if the applicant or licensee has:
1885     (1)(a)  Suffered a monetary judgment entered against the
1886applicant or licensee upon which is execution has been returned
1887unsatisfied;
1888     (2)(b)  Made false charges for handling or services
1889rendered;
1890     (3)(c)  Failed to account promptly and properly or to make
1891settlements with any producer;
1892     (4)(d)  Made any false statement or statements as to
1893condition, quality, or quantity of goods received or held for
1894sale when the true condition, quality, or quantity could have
1895been ascertained by reasonable inspection;
1896     (5)(e)  Made any false or misleading statement or
1897statements as to market conditions or service rendered;
1898     (6)(f)  Been guilty of a fraud in the attempt to procure,
1899or the procurement of, a license;
1900     (7)(g)  Directly or indirectly sold agricultural products
1901received on consignment or on a net return basis for her or his
1902own account, without prior authority from the producer
1903consigning the same, or without notifying such producer;
1904     (8)(h)  Failed to prevent a person from holding a position
1905as the applicant's or licensee's owner, officer, director,
1906general or managing partner, or employee Employed in a
1907responsible position a person, or holding any other similarly
1908situated position, if the person holds or has held a similar
1909position with any entity that an officer of a corporation, who
1910has failed to fully comply with an order of the department, has
1911not satisfied a civil judgment held by the department, has
1912pending any administrative or civil enforcement action by the
1913department, or has pending any criminal charges pursuant to s.
1914604.30 at any time within 1 year after issuance;
1915     (9)(i)  Violated any statute or rule relating to the
1916purchase or sale of any agricultural product, whether or not
1917such transaction is subject to the provisions of this chapter;
1918or
1919     (10)(j)  Failed to submit to the department an application,
1920appropriate license fees, and an acceptable surety bond or
1921certificate of deposit; or.
1922     (11)(2)  Failed If a licensee fails or refused refuses to
1923comply in full with an order of the department or failed to
1924satisfy a civil judgment owed to the department, her or his
1925license may be suspended or revoked, in which case she or he
1926shall not be eligible for license for a period of 1 year or
1927until she or he has fully complied with the order of the
1928department.
1929     (3)  No person, or officer of a corporation, whose license
1930has been suspended or revoked for failure to comply with an
1931order of the department may hold a responsible position with a
1932licensee for a period of 1 year or until the order of the
1933department has been fully complied with.
1934     Section 51.  Subsection (4) of section 686.201, Florida
1935Statutes, is amended to read:
1936     686.201  Sales representative contracts involving
1937commissions; requirements; termination of agreement; civil
1938remedies.-
1939     (4)  This section does not apply to:
1940     (a)  Persons licensed pursuant to chapter 475 who are
1941performing services within the scope of their license.
1942     (b)  Contracts to which a seller of travel as defined in s.
1943559.927 is a party.
1944     Section 52.  Paragraph (c) of subsection (5) of section
1945790.06, Florida Statutes, is amended to read:
1946     790.06  License to carry concealed weapon or firearm.-
1947     (5)  The applicant shall submit to the Department of
1948Agriculture and Consumer Services:
1949     (c)  A full set of fingerprints of the applicant
1950administered by a law enforcement agency or the Division of
1951Licensing of the Department of Agriculture and Consumer
1952Services.
1953     Section 53.  Sections 570.071 and 570.901, Florida
1954Statutes, are repealed.
1955     Section 54.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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 © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader