October 25, 2020
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CS/CS/HB 1445

A bill to be entitled
2An act relating to the Department of Agriculture and
3Consumer Services; amending s. 373.1391, F.S.; requiring
4water management districts to give priority to the
5agricultural use of certain parcels for purposes of
6management of such parcels; amending s. 403.9336, F.S.;
7revising a reference to the Model Ordinance for Florida-
8Friendly Fertilizer Use on Urban Landscapes; amending s.
9403.9337, F.S.; providing for amendment of the model
10ordinance by the Department of Environmental Protection;
11revising the criteria for a local government's adoption of
12additional or more stringent standards; providing
13exemptions; amending s. 493.6102, F.S.; specifying that
14provisions regulating security officers do not apply to
15certain law enforcement, correctional, and probation
16officers performing off-duty activities; amending s.
17493.6105, F.S.; revising the application requirements and
18procedures for certain private investigative, private
19security, recovery agent, and firearm licenses; specifying
20application requirements for firearms instructor licenses;
21amending s. 493.6106, F.S.; revising citizenship
22requirements and documentation for certain private
23investigative, private security, and recovery agent
24licenses; prohibiting the licensure of applicants for a
25statewide firearm license or firearms instructor license
26who are prohibited from purchasing or possessing firearms;
27requiring that private investigative, security, and
28recovery agencies notify the Department of Agriculture and
29Consumer Services of changes to their branch office
30locations; amending s. 493.6107, F.S.; requiring the
31department to accept certain methods of payment for
32certain fees; amending s. 493.6108, F.S.; revising
33requirements for criminal history checks of license
34applicants whose fingerprints are not legible; requiring
35the investigation of the mental and emotional fitness of
36applicants for firearms instructor licenses; amending s.
37493.6111, F.S.; requiring a security officer school or
38recovery agent school to obtain the department's approval
39for use of a fictitious name; specifying that a licensee
40may not conduct business under more than one fictitious
41name; amending s. 493.6113, F.S.; revising application
42renewal procedures and requirements; amending s. 493.6115,
43F.S.; conforming cross-references; amending s. 493.6118,
44F.S.; authorizing disciplinary action against statewide
45firearm licensees and firearms instructor licensees who
46are prohibited from purchasing or possessing firearms;
47amending s. 493.6121, F.S.; deleting provisions for the
48department's access to certain criminal history records
49provided to licensed gun dealers, manufacturers, and
50exporters; 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; amending s. 526.52, F.S.;
84revising requirements for printed statements on brake
85fluid containers; amending s. 526.53, F.S.; revising
86requirements and procedures for brake fluid stop-sale
87orders; authorizing businesses to dispose of unregistered
88brake fluid under certain circumstances; amending s.
89527.0201, F.S.; revising requirements for liquefied
90petroleum gas qualifying examinations; increasing
91continuing education requirements for certain liquefied
92petroleum gas qualifiers; amending s. 527.12, F.S.;
93providing for the issuance of certain stop orders;
94amending ss. 559.805 and 559.928, F.S.; deleting social
95security numbers as a listing requirement on registration
96affidavits for independent agents of sellers of business
97opportunities; amending s. 570.0725, F.S.; revising
98provisions for public information about food banks and
99similar food recovery programs; authorizing the department
100to adopt rules; amending ss. 570.53 and 570.54, F.S.;
101conforming cross-references; amending s. 570.55, F.S.;
102revising requirements for identifying sellers or handlers
103of tropical or subtropical fruit or vegetables; amending
104s. 570.902, F.S.; conforming terminology to the repeal by
105the act of provisions establishing the Florida
106Agricultural Museum; amending s. 570.903, F.S.; revising
107provisions for direct-support organizations for certain
108agricultural programs to conform to the repeal by the act
109of provisions establishing the Florida Agricultural
110Museum; deleting provisions for a direct-support
111organization for the Florida State Collection of
112Arthropods; amending s. 573.118, F.S.; requiring the
113department to maintain records of marketing orders;
114requiring an audit at the request of an advisory council;
115requiring that the advisory council receive a copy of the
116audit within a specified time; amending s. 581.011, F.S.;
117deleting terminology relating to the Florida State
118Collection of Arthropods; revising the term "nursery" for
119purposes of plant industry regulations; amending s.
120581.211, F.S.; increasing the maximum fine for violations
121of plant industry regulations; amending s. 583.13, F.S.;
122deleting a prohibition on the sale of poultry without
123displaying the poultry grade; amending s. 590.125, F.S.;
124revising terminology for open burning authorizations;
125specifying purposes of certified prescribed burning;
126requiring the authorization of the Division of Forestry
127for certified pile burning; providing pile burning
128requirements; limiting the liability of property owners or
129agents engaged in pile burning; providing for the
130certification of pile burners; providing penalties for
131violations by certified pile burners; requiring rules;
132authorizing the division to adopt rules regulating
133certified pile burning; revising notice requirements for
134wildfire hazard reduction treatments; providing for
135approval of local government open burning authorization
136programs; providing program requirements; authorizing the
137division to close local government programs under certain
138circumstances; providing penalties for violations of local
139government open burning requirements; amending s. 590.14,
140F.S.; authorizing fines for violations of any division
141rule; providing penalties for certain violations;
142providing legislative intent; amending s. 599.004, F.S.;
143revising standards that a winery must meet to qualify as a
144certified Florida Farm Winery; amending s. 604.15, F.S.;
145revising the term "agricultural products" to make tropical
146foliage exempt from regulation under provisions relating
147to dealers in agricultural products; defining the term
148"responsible position"; amending s. 604.19, F.S.; revising
149requirements for late fees on agricultural products dealer
150applications; amending s. 604.25, F.S.; revising
151conditions under which the department may deny, refuse to
152renew, suspend, or revoke agricultural products dealer
153licenses; deleting a provision prohibiting certain persons
154from holding a responsible position with a licensee;
155amending s. 616.242, F.S.; authorizing the issuance of
156stop-operation orders for amusement rides under certain
157circumstances; amending s. 686.201, F.S.; exempting
158contracts involving a seller of travel from requirements
159for certain sales representative contracts; amending s.
160790.06, F.S.; authorizing a concealed firearm license
161applicant to submit fingerprints administered by the
162Division of Licensing; repealing ss. 570.071 and 570.901,
163F.S., relating to the Florida Agricultural Exposition and
164the Florida Agricultural Museum; providing an effective
167Be It Enacted by the Legislature of the State of Florida:
169     Section 1.  Paragraph (d) of subsection (1) of section
170373.1391, Florida Statutes, is amended to read:
171     373.1391  Management of real property.-
172     (1)
173     (d)  For any fee simple acquisition of a parcel which is or
174will be leased back for agricultural purposes, or for any
175acquisition of a less-than-fee interest in lands that is or will
176be used for agricultural purposes, the district governing board
177shall first consider having a soil and water conservation
178district created pursuant to chapter 582 manage and monitor such
179interest. Priority shall be given to the agricultural use
180present at the time of fee simple acquisition of the parcel.
181     Section 2.  Section 403.9336, Florida Statutes, is amended
182to read:
183     403.9336  Legislative findings.-The Legislature finds that
184the implementation of the Model Ordinance for Florida-Friendly
185Fertilizer Use on Urban Landscapes (2008), which was developed
186by the department in conjunction with the Florida Consumer
187Fertilizer Task Force, the Department of Agriculture and
188Consumer Services, and the University of Florida Institute of
189Food and Agricultural Sciences, will assist in protecting the
190quality of Florida's surface water and groundwater resources.
191The Legislature further finds that local conditions, including
192variations in the types and quality of water bodies, site-
193specific soils and geology, and urban or rural densities and
194characteristics, may necessitate the implementation of
195additional or more stringent fertilizer management practices at
196the local government level.
197     Section 3.  Section 403.9337, Florida Statutes, is amended
198to read:
199     403.9337  Model Ordinance for Florida-Friendly Fertilizer
200Use on Urban Landscapes.-
201     (1)  The department may amend its Model Ordinance for
202Florida-Friendly Fertilizer Use on Urban Landscapes (2009).
203However, any amendment of the model ordinance after July 1,
2042010, must be adopted by order of the department. Before
205adopting an amendment to the model ordinance, the department
206must hold at least one public workshop to discuss and receive
207comments on the proposed amendment. The department, at a
208minimum, must notify interested stakeholders of the public
209workshop, including representatives of the nursery and landscape
210industry, the pest control industry, the Department of
211Agriculture and Consumer Services, the University of Florida's
212Institute of Food and Agricultural Sciences, environmental
213groups, and county and local governments. Such an order amending
214the model ordinance is subject to challenge under chapter 120.
215     (2)(1)  All county and municipal governments are encouraged
216to adopt and enforce the Model Ordinance for Florida-Friendly
217Fertilizer Use on Urban Landscapes or an equivalent requirement
218as a mechanism for protecting local surface and groundwater
220     (3)(2)  Each county and municipal government located within
221the watershed of a water body or water segment that is listed as
222impaired by nutrients pursuant to s. 403.067, must shall, at a
223minimum, adopt the most recent version of the department's Model
224Ordinance for Florida-Friendly Fertilizer Use on Urban
225Landscapes. A local government may adopt additional or more
226stringent standards than the model ordinance if, before
227adoption, the following criteria are met:
228     (a)  The local government has implemented demonstrated, as
229part of a comprehensive program to address nonpoint sources of
230nutrient pollution but which is science-based, and economically
231and technically feasible, that additional or more stringent
232standards than the model ordinance are necessary in order to
233adequately address urban fertilizer contributions to nonpoint
234source nutrient loading to a water body. In any such instance,
235the comprehensive program must be scientifically based and
236economically and technically feasible. The comprehensive program
237may include, but is not limited to:
238     1.  Nonpoint source activities adopted as part of a basin
239management plan developed pursuant to s. 403.067(7);
240     2.  Adoption of Florida-friendly landscaping requirements,
241as provided in s. 373.185, into the local government's
242development code; or
243     3.  The requirement for and enforcement of the
244implementation of low-impact development practices.
245     (b)  The local government documents in the public record
246the need for more stringent standards, including the
247scientifically documented impairment of waters within the local
248government's jurisdiction by nutrient enrichment due to
249landforms, soils, hydrology, climate, or geology, and the local
250government documents that it has requested and considered all
251relevant scientific information, including input from the
252department, the institute, the Department of Agriculture and
253Consumer Services, and the University of Florida's Florida
254Institute of Food and Agricultural Sciences, if provided, on the
255need for additional or more stringent provisions to address
256fertilizer use as a contributor to water quality degradation.
257All documentation must become part of the public record before
258adoption of the additional or more stringent criteria.
259     (4)(3)  Any county or municipal government that adopted its
260own fertilizer use ordinance before January 1, 2009, is exempt
261from this section. Ordinances adopted or amended on or after
262January 1, 2009, must substantively conform to the most recent
263version of the model fertilizer ordinance and are subject to
264subsections (2) and (3) (1) and (2) , as applicable.
265     (5)  A fertilizer ordinance adopted by a county or
266municipal government may not prohibit an individual licensed
267pursuant to s. 482.1562 from conducting his or her occupation,
268including the application of macronutrients or micronutrients
269throughout the calendar year, if such application is based on
270site-specific assessment, such as soil testing or leaf-tissue
272     (6)(4)  This section does not apply to the use of
274     (a)  On farm operations as defined in s. 823.14; or
275     (b)  On lands classified as agricultural lands pursuant to
276s. 193.461; or
277     (c)  On any lands used for scientific research, including,
278but not limited to, research on the effects of fertilizer use on
279urban stormwater, water quality, agronomics, or horticulture.
280     Section 4.  Subsection (1) of section 493.6102, Florida
281Statutes, is amended to read:
282     493.6102  Inapplicability of this chapter.-This chapter
283shall not apply to:
284     (1)  Any individual who is an "officer" as defined in s.
285943.10(14), or is a law enforcement officer of the United States
286Government, while the such local, state, or federal officer is
287engaged in her or his official duties or, if approved by the
288officer's supervisors, when performing off-duty activities as a
289security officer activities approved by her or his superiors.
290     Section 5.  Section 493.6105, Florida Statutes, is amended
291to read:
292     493.6105  Initial application for license.-
293     (1)  Each individual, partner, or principal officer in a
294corporation, shall file with the department a complete
295application accompanied by an application fee not to exceed $60,
296except that the applicant for a Class "D" or Class "G" license
297is shall not be required to submit an application fee. The
298application fee is shall not be refundable.
299     (a)  The application submitted by any individual, partner,
300or corporate officer must shall be approved by the department
301before the prior to that individual, partner, or corporate
302officer assumes assuming his or her duties.
303     (b)  Individuals who invest in the ownership of a licensed
304agency, but do not participate in, direct, or control the
305operations of the agency are shall not be required to file an
307     (2)  Each application must shall be signed and verified by
308the individual under oath as provided in s. 92.525 and shall be
310     (3)  The application must shall contain the following
311information concerning the individual signing the application
313     (a)  Name and any aliases.
314     (b)  Age and date of birth.
315     (c)  Place of birth.
316     (d)  Social security number or alien registration number,
317whichever is applicable.
318     (e)  Current Present residence address and his or her
319residence addresses within the 5 years immediately preceding the
320submission of the application.
321     (f)  Occupations held presently and within the 5 years
322immediately preceding the submission of the application.
323     (f)(g)  A statement of all criminal convictions, findings
324of guilt, and pleas of guilty or nolo contendere, regardless of
325adjudication of guilt.
326     (g)  One passport-type color photograph taken within the 6
327months immediately preceding submission of the application.
328     (h)  A statement whether he or she has ever been
329adjudicated incompetent under chapter 744.
330     (i)  A statement whether he or she has ever been committed
331to a mental institution under chapter 394.
332     (j)  A full set of fingerprints on a card provided by the
333department and a fingerprint fee to be established by rule of
334the department based upon costs determined by state and federal
335agency charges and department processing costs. An applicant who
336has, within the immediately preceding 6 months, submitted a
337fingerprint card and fee for licensing purposes under this
338chapter shall not be required to submit another fingerprint card
339or fee.
340     (k)  A personal inquiry waiver which allows the department
341to conduct necessary investigations to satisfy the requirements
342of this chapter.
343     (l)  Such further facts as may be required by the
344department to show that the individual signing the application
345is of good moral character and qualified by experience and
346training to satisfy the requirements of this chapter.
347     (4)  In addition to the application requirements outlined
348in subsection (3), the applicant for a Class "C," Class "CC,"
349Class "E," Class "EE," or Class "G" license shall submit two
350color photographs taken within the 6 months immediately
351preceding the submission of the application, which meet
352specifications prescribed by rule of the department. All other
353applicants shall submit one photograph taken within the 6 months
354immediately preceding the submission of the application.
355     (4)(5)  In addition to the application requirements
356outlined under subsection (3), the applicant for a Class "C,"
357Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
358license shall include a statement on a form provided by the
359department of the experience which he or she believes will
360qualify him or her for such license.
361     (5)(6)  In addition to the requirements outlined in
362subsection (3), an applicant for a Class "G" license shall
363satisfy minimum training criteria for firearms established by
364rule of the department, which training criteria shall include,
365but is not limited to, 28 hours of range and classroom training
366taught and administered by a Class "K" licensee; however, no
367more than 8 hours of such training shall consist of range
368training. If the applicant can show proof that he or she is an
369active law enforcement officer currently certified under the
370Criminal Justice Standards and Training Commission or has
371completed the training required for that certification within
372the last 12 months, or if the applicant submits one of the
373certificates specified in paragraph (6)(a) (7)(a), the
374department may waive the foregoing firearms training
376     (6)(7)  In addition to the requirements under subsection
377(3), an applicant for a Class "K" license shall:
378     (a)  Submit one of the following certificates:
379     1.  The Florida Criminal Justice Standards and Training
380Commission Firearms Instructor's Certificate and confirmation by
381the commission that the applicant is authorized to provide
382firearms instruction.
383     2.  The National Rifle Association Law Enforcement Police
384Firearms Instructor's Certificate.
385     3.  The National Rifle Association Security Firearms
386Instructor's Certificate.
387     3.4.  A firearms instructor's training certificate issued
388by any branch of the United States Armed Forces, from a federal
389law enforcement academy or agency, state, county, or a law
390enforcement municipal police academy or agency in this state
391recognized as such by the Criminal Justice Standards and
392Training Commission or by the Department of Education.
393     (b)  Pay the fee for and pass an examination administered
394by the department which shall be based upon, but is not
395necessarily limited to, a firearms instruction manual provided
396by the department.
397     (7)(8)  In addition to the application requirements for
398individuals, partners, or officers outlined under subsection
399(3), the application for an agency license shall contain the
400following information:
401     (a)  The proposed name under which the agency intends to
403     (b)  The street address, mailing address, and telephone
404numbers of the principal location at which business is to be
405conducted in this state.
406     (c)  The street address, mailing address, and telephone
407numbers of all branch offices within this state.
408     (d)  The names and titles of all partners or, in the case
409of a corporation, the names and titles of its principal
411     (8)(9)  Upon submission of a complete application, a Class
412"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
413Class "MA," Class "MB," or Class "MR" applicant may commence
414employment or appropriate duties for a licensed agency or branch
415office. However, the Class "C" or Class "E" applicant must work
416under the direction and control of a sponsoring licensee while
417his or her application is being processed. If the department
418denies application for licensure, the employment of the
419applicant must be terminated immediately, unless he or she
420performs only unregulated duties.
421     Section 6.  Paragraph (f) of subsection (1) and paragraph
422(a) of subsection (2) of section 493.6106, Florida Statutes, are
423amended, and paragraph (g) is added to subsection (1) of that
424section, to read:
425     493.6106  License requirements; posting.-
426     (1)  Each individual licensed by the department must:
427     (f)  Be a citizen or permanent legal resident alien of the
428United States or have appropriate been granted authorization
429issued to seek employment in this country by the United States
430Bureau of Citizenship and Immigration Services of the United
431States Department of Homeland Security.
432     1.  An applicant for a Class "C," Class "CC," Class "D,"
433Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
434"MB," Class "MR," or Class "RI" license who is not a United
435States citizen must submit proof of current employment
436authorization issued by the United States Bureau of Citizenship
437and Immigration Services or proof that she or he is deemed a
438permanent legal resident alien by the United States Bureau of
439Citizenship and Immigration Services.
440     2.  An applicant for a Class "G" or Class "K" license who
441is not a United States citizen must submit proof that she or he
442is deemed a permanent legal resident alien by the United States
443Bureau of Citizenship and Immigration Services, together with
444additional documentation establishing that she or he has resided
445in the state of residence shown on the application for at least
44690 consecutive days before the date that the application is
448     3.  An applicant for an agency or school license who is not
449a United States citizen or permanent legal resident alien must
450submit documentation issued by the United States Bureau of
451Citizenship and Immigration Services stating that she or he is
452lawfully in the United States and is authorized to own and
453operate the type of agency or school for which she or he is
454applying. An employment authorization card issued by the United
455States Bureau of Citizenship and Immigration Services is not
456sufficient documentation.
457     (g)  Not be prohibited from purchasing or possessing a
458firearm by state or federal law if the individual is applying
459for a Class "G" license or a Class "K" license.
460     (2)  Each agency shall have a minimum of one physical
461location within this state from which the normal business of the
462agency is conducted, and this location shall be considered the
463primary office for that agency in this state.
464     (a)  If an agency or branch office desires to change the
465physical location of the business, as it appears on the agency
466license, the department must be notified within 10 days of the
467change, and, except upon renewal, the fee prescribed in s.
468493.6107 must be submitted for each license requiring revision.
469Each license requiring revision must be returned with such
471     Section 7.  Subsection (3) of section 493.6107, Florida
472Statutes, is amended to read:
473     493.6107  Fees.-
474     (3)  The fees set forth in this section must be paid by
475certified check or money order or, at the discretion of the
476department, by agency check at the time the application is
477approved, except that the applicant for a Class "G" or Class "M"
478license must pay the license fee at the time the application is
479made. If a license is revoked or denied or if the application is
480withdrawn, the license fee shall not be refunded.
481     Section 8.  Paragraph (a) of subsection (1) and subsection
482(3) of section 493.6108, Florida Statutes, are amended to read:
483     493.6108  Investigation of applicants by Department of
484Agriculture and Consumer Services.-
485     (1)  Except as otherwise provided, prior to the issuance of
486a license under this chapter, the department shall make an
487investigation of the applicant for a license. The investigation
488shall include:
489     (a)1.  An examination of fingerprint records and police
490records. When a criminal history analysis of any applicant under
491this chapter is performed by means of fingerprint card
492identification, the time limitations prescribed by s. 120.60(1)
493shall be tolled during the time the applicant's fingerprint card
494is under review by the Department of Law Enforcement or the
495United States Department of Justice, Federal Bureau of
497     2.  If a legible set of fingerprints, as determined by the
498Department of Law Enforcement or the Federal Bureau of
499Investigation, cannot be obtained after two attempts, the
500Department of Agriculture and Consumer Services may determine
501the applicant's eligibility based upon a criminal history record
502check under the applicant's name conducted by the Department of
503Law Enforcement if the and the Federal Bureau of Investigation.
504A set of fingerprints are taken by a law enforcement agency or
505the department and the applicant submits a written statement
506signed by the fingerprint technician or a licensed physician
507stating that there is a physical condition that precludes
508obtaining a legible set of fingerprints or that the fingerprints
509taken are the best that can be obtained is sufficient to meet
510this requirement.
511     (3)  The department shall also investigate the mental
512history and current mental and emotional fitness of any Class
513"G" or Class "K" applicant, and may deny a Class "G" or Class
514"K" license to anyone who has a history of mental illness or
515drug or alcohol abuse.
516     Section 9.  Subsection (4) of section 493.6111, Florida
517Statutes, is amended to read:
518     493.6111  License; contents; identification card.-
519     (4)  Notwithstanding the existence of a valid Florida
520corporate registration, an no agency or school licensee may not
521conduct activities regulated under this chapter under any
522fictitious name without prior written authorization from the
523department to use that name in the conduct of activities
524regulated under this chapter. The department may not authorize
525the use of a name which is so similar to that of a public
526officer or agency, or of that used by another licensee, that the
527public may be confused or misled thereby. The authorization for
528the use of a fictitious name shall require, as a condition
529precedent to the use of such name, the filing of a certificate
530of engaging in business under a fictitious name under s. 865.09.
531A No licensee may not shall be permitted to conduct business
532under more than one fictitious name except as separately
533licensed nor shall the license be valid to protect any licensee
534who is engaged in the business under any name other than that
535specified in the license. An agency desiring to change its
536licensed name shall notify the department and, except upon
537renewal, pay a fee not to exceed $30 for each license requiring
538revision including those of all licensed employees except Class
539"D" or Class "G" licensees. Upon the return of such licenses to
540the department, revised licenses shall be provided.
541     Section 10.  Subsection (2) and paragraph (a) of subsection
542(3) of section 493.6113, Florida Statutes, are amended to read:
543     493.6113  Renewal application for licensure.-
544     (2)  At least No less than 90 days before prior to the
545expiration date of the license, the department shall mail a
546written notice to the last known mailing residence address of
547the licensee for individual licensees and to the last known
548agency address for agencies.
549     (3)  Each licensee shall be responsible for renewing his or
550her license on or before its expiration by filing with the
551department an application for renewal accompanied by payment of
552the prescribed license fee.
553     (a)  Each Class "B" Class "A," Class "B," or Class "R"
554licensee shall additionally submit on a form prescribed by the
555department a certification of insurance which evidences that the
556licensee maintains coverage as required under s. 493.6110.
557     Section 11.  Subsection (8), paragraph (d) of subsection
558(12), and subsection (16) of section 493.6115, Florida Statutes,
559are amended to read:
560     493.6115  Weapons and firearms.-
561     (8)  A Class "G" applicant must satisfy the minimum
562training criteria as set forth in s. 493.6105(5)(6) and as
563established by rule of the department.
564     (12)  The department may issue a temporary Class "G"
565license, on a case-by-case basis, if:
566     (d)  The applicant has received approval from the
567department subsequent to its conduct of a criminal history
568record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
569     (16)  If the criminal history record check program
570referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
571department may issue a temporary "G" license on a case-by-case
572basis, provided that the applicant has met all statutory
573requirements for the issuance of a temporary "G" license as
574specified in subsection (12), excepting the criminal history
575record check stipulated there; provided, that the department
576requires that the licensed employer of the applicant conduct a
577criminal history record check of the applicant pursuant to
578standards set forth in rule by the department, and provide to
579the department an affidavit containing such information and
580statements as required by the department, including a statement
581that the criminal history record check did not indicate the
582existence of any criminal history that would prohibit licensure.
583Failure to properly conduct such a check, or knowingly providing
584incorrect or misleading information or statements in the
585affidavit shall constitute grounds for disciplinary action
586against the licensed agency, including revocation of license.
587     Section 12.  Paragraph (u) of subsection (1) of section
588493.6118, Florida Statutes, is redesignated as paragraph (v),
589and a new paragraph (u) is added to that subsection to read:
590     493.6118  Grounds for disciplinary action.-
591     (1)  The following constitute grounds for which
592disciplinary action specified in subsection (2) may be taken by
593the department against any licensee, agency, or applicant
594regulated by this chapter, or any unlicensed person engaged in
595activities regulated under this chapter.
596     (u)  For a Class "G" or a Class "K" applicant or licensee,
597being prohibited from purchasing or possessing a firearm by
598state or federal law.
599     Section 13.  Subsections (7) and (8) of section 493.6121,
600Florida Statutes, are renumbered as subsections (6) and (7),
601respectively, and present subsection (6) of that section is
602amended, to read:
603     493.6121  Enforcement; investigation.-
604     (6)  The department shall be provided access to the program
605that is operated by the Department of Law Enforcement, pursuant
606to s. 790.065, for providing criminal history record information
607to licensed gun dealers, manufacturers, and exporters. The
608department may make inquiries, and shall receive responses in
609the same fashion as provided under s. 790.065. The department
610shall be responsible for payment to the Department of Law
611Enforcement of the same fees as charged to others afforded
612access to the program.
613     Section 14.  Subsection (3) of section 493.6202, Florida
614Statutes, is amended to read:
615     493.6202  Fees.-
616     (3)  The fees set forth in this section must be paid by
617certified check or money order or, at the discretion of the
618department, by agency check at the time the application is
619approved, except that the applicant for a Class "G," Class "C,"
620Class "CC," Class "M," or Class "MA" license must pay the
621license fee at the time the application is made. If a license is
622revoked or denied or if the application is withdrawn, the
623license fee shall not be refunded.
624     Section 15.  Subsections (2), (4), and (6) of section
625493.6203, Florida Statutes, are amended to read:
626     493.6203  License requirements.-In addition to the license
627requirements set forth elsewhere in this chapter, each
628individual or agency shall comply with the following additional
630     (2)  An applicant for a Class "MA" license shall have 2
631years of lawfully gained, verifiable, full-time experience, or
632training in:
633     (a)  Private investigative work or related fields of work
634that provided equivalent experience or training;
635     (b)  Work as a Class "CC" licensed intern;
636     (c)  Any combination of paragraphs (a) and (b);
637     (d)  Experience described in paragraph (a) for 1 year and
638experience described in paragraph (e) for 1 year;
639     (e)  No more than 1 year using:
640     1.  College coursework related to criminal justice,
641criminology, or law enforcement administration; or
642     2.  Successfully completed law enforcement-related training
643received from any federal, state, county, or municipal agency;
645     (f)  Experience described in paragraph (a) for 1 year and
646work in a managerial or supervisory capacity for 1 year.
648However, experience in performing bodyguard services is not
649creditable toward the requirements of this subsection.
650     (4)  An applicant for a Class "C" license shall have 2
651years of lawfully gained, verifiable, full-time experience, or
652training in one, or a combination of more than one, of the
654     (a)  Private investigative work or related fields of work
655that provided equivalent experience or training.
656     (b)  College coursework related to criminal justice,
657criminology, or law enforcement administration, or successful
658completion of any law enforcement-related training received from
659any federal, state, county, or municipal agency, except that no
660more than 1 year may be used from this category.
661     (c)  Work as a Class "CC" licensed intern.
663However, experience in performing bodyguard services is not
664creditable toward the requirements of this subsection.
665     (6)(a)  A Class "CC" licensee shall serve an internship
666under the direction and control of a designated sponsor, who is
667a Class "C," Class "MA," or Class "M" licensee.
668     (b)  Effective July 1, 2010 September 1, 2008, before
669submission of an application to the department, the an applicant
670for a Class "CC" license must have completed a minimum of 40 at
671least 24 hours of professional training a 40-hour course
672pertaining to general investigative techniques and this chapter,
673which course is offered by a state university or by a school,
674community college, college, or university under the purview of
675the Department of Education, and the applicant must pass an
676examination. The training must be provided in two parts, one 24-
677hour course and one 16-hour course. The certificate evidencing
678satisfactory completion of the 40 at least 24 hours of
679professional training a 40-hour course must be submitted with
680the application for a Class "CC" license. The remaining 16 hours
681must be completed and an examination passed within 180 days. If
682documentation of completion of the required training is not
683submitted within the specified timeframe, the individual's
684license is automatically suspended or his or her authority to
685work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
686until such time as proof of certificate of completion is
687provided to the department. The training course specified in
688this paragraph may be provided by face-to-face presentation,
689online technology, or a home study course in accordance with
690rules and procedures of the Department of Education. The
691administrator of the examination must verify the identity of
692each applicant taking the examination.
693     1.  Upon an applicant's successful completion of each part
694of the approved training course and passage of any required
695examination, the school, community college, college, or
696university shall issue a certificate of completion to the
697applicant. The certificates must be on a form established by
698rule of the department.
699     2.  The department shall establish by rule the general
700content of the professional training course and the examination
702     3.  If the license of an applicant for relicensure is has
703been invalid for more than 1 year, the applicant must complete
704the required training and pass any required examination.
705     (c)  An individual who submits an application for a Class
706"CC" license on or after September 1, 2008, through June 30,
7072010, who has not completed the 16-hour course must submit proof
708of successful completion of the course within 180 days after the
709date the application is submitted. If documentation of
710completion of the required training is not submitted by that
711date, the individual's license is automatically suspended until
712proof of the required training is submitted to the department.
713An individual licensed on or before August 31, 2008, is not
714required to complete additional training hours in order to renew
715an active license beyond the required total amount of training,
716and within the timeframe, in effect at the time he or she was
718     Section 16.  Subsection (3) of section 493.6302, Florida
719Statutes, is amended to read:
720     493.6302  Fees.-
721     (3)  The fees set forth in this section must be paid by
722certified check or money order or, at the discretion of the
723department, by agency check at the time the application is
724approved, except that the applicant for a Class "D," Class "G,"
725Class "M," or Class "MB" license must pay the license fee at the
726time the application is made. If a license is revoked or denied
727or if the application is withdrawn, the license fee shall not be
729     Section 17.  Subsection (4) of section 493.6303, Florida
730Statutes, is amended to read:
731     493.6303  License requirements.-In addition to the license
732requirements set forth elsewhere in this chapter, each
733individual or agency shall comply with the following additional
735     (4)(a)  Effective July 1, 2010, an applicant for a Class
736"D" license must submit proof of successful completion of
737complete a minimum of 40 hours of professional training at a
738school or training facility licensed by the department. The
739training must be provided in two parts, one 24-hour course and
740one 16-hour course. The department shall by rule establish the
741general content and number of hours of each subject area to be
743     (b)  An individual who submits an application for a Class
744"D" license on or after January 1, 2007, through June 30, 2010,
745who has not completed the 16-hour course must submit proof of
746successful completion of the course within 180 days after the
747date the application is submitted. If documentation of
748completion of the required training is not submitted by that
749date, the individual's license is automatically suspended until
750proof of the required training is submitted to the department.
751This section does not require a person licensed before January
7521, 2007, to complete additional training hours in order to renew
753an active license beyond the required total amount of training
754within the timeframe prescribed by law at the time he or she was
755licensed. An applicant may fulfill the training requirement
756prescribed in paragraph (a) by submitting proof of:
757     1.  Successful completion of the total number of required
758hours of training before initial application for a Class "D"
759license; or
760     2.  Successful completion of 24 hours of training before
761initial application for a Class "D" license and successful
762completion of the remaining 16 hours of training within 180 days
763after the date that the application is submitted. If
764documentation of completion of the required training is not
765submitted within the specified timeframe, the individual's
766license is automatically suspended until such time as proof of
767the required training is provided to the department.
768     (c)  An individual However, any person whose license is
769suspended or has been revoked, suspended pursuant to paragraph
770(b) subparagraph 2., or is expired for at least 1 year, or
771longer is considered, upon reapplication for a license, an
772initial applicant and must submit proof of successful completion
773of 40 hours of professional training at a school or training
774facility licensed by the department as provided prescribed in
775paragraph (a) before a license is will be issued. Any person
776whose license was issued before January 1, 2007, and whose
777license has been expired for less than 1 year must, upon
778reapplication for a license, submit documentation of completion
779of the total number of hours of training prescribed by law at
780the time her or his initial license was issued before another
781license will be issued. This subsection does not require an
782individual licensed before January 1, 2007, to complete
783additional training hours in order to renew an active license,
784beyond the required total amount of training within the
785timeframe prescribed by law at the time she or he was licensed.
786     Section 18.  Subsection (2) of section 493.6304, Florida
787Statutes, is amended to read:
788     493.6304  Security officer school or training facility.-
789     (2)  The application shall be signed and verified by the
790applicant under oath as provided in s. 92.525 notarized and
791shall contain, at a minimum, the following information:
792     (a)  The name and address of the school or training
793facility and, if the applicant is an individual, her or his
794name, address, and social security or alien registration number.
795     (b)  The street address of the place at which the training
796is to be conducted.
797     (c)  A copy of the training curriculum and final
798examination to be administered.
799     Section 19.  Subsections (7) and (8) of section 493.6401,
800Florida Statutes, are amended to read:
801     493.6401  Classes of licenses.-
802     (7)  Any person who operates a recovery agent repossessor
803school or training facility or who conducts an Internet-based
804training course or a correspondence training course must have a
805Class "RS" license.
806     (8)  Any individual who teaches or instructs at a Class
807"RS" recovery agent repossessor school or training facility
808shall have a Class "RI" license.
809     Section 20.  Paragraphs (f) and (g) of subsection (1) and
810subsection (3) of section 493.6402, Florida Statutes, are
811amended to read:
812     493.6402  Fees.-
813     (1)  The department shall establish by rule biennial
814license fees which shall not exceed the following:
815     (f)  Class "RS" license-recovery agent repossessor school
816or training facility: $60.
817     (g)  Class "RI" license-recovery agent repossessor school
818or training facility instructor: $60.
819     (3)  The fees set forth in this section must be paid by
820certified check or money order, or, at the discretion of the
821department, by agency check at the time the application is
822approved, except that the applicant for a Class "E," Class "EE,"
823or Class "MR" license must pay the license fee at the time the
824application is made. If a license is revoked or denied, or if an
825application is withdrawn, the license fee shall not be refunded.
826     Section 21.  Subsections (1) and (2) of section 493.6406,
827Florida Statutes, are amended to read:
828     493.6406  Recovery agent Repossession services school or
829training facility.-
830     (1)  Any school, training facility, or instructor who
831offers the training outlined in s. 493.6403(2) for Class "E" or
832Class "EE" applicants shall, before licensure of such school,
833training facility, or instructor, file with the department an
834application accompanied by an application fee in an amount to be
835determined by rule, not to exceed $60. The fee shall not be
836refundable. This training may be offered as face-to-face
837training, Internet-based training, or correspondence training.
838     (2)  The application shall be signed and verified by the
839applicant under oath as provided in s. 92.525 notarized and
840shall contain, at a minimum, the following information:
841     (a)  The name and address of the school or training
842facility and, if the applicant is an individual, his or her
843name, address, and social security or alien registration number.
844     (b)  The street address of the place at which the training
845is to be conducted or the street address of the Class "RS"
846school offering Internet-based or correspondence training.
847     (c)  A copy of the training curriculum and final
848examination to be administered.
849     Section 22.  Paragraph (a) of subsection (2) of section
850501.605, Florida Statutes, is amended to read:
851     501.605  Licensure of commercial telephone sellers.-
852     (2)  An applicant for a license as a commercial telephone
853seller must submit to the department, in such form as it
854prescribes, a written application for the license. The
855application must set forth the following information:
856     (a)  The true name, date of birth, driver's license number,
857social security number, and home address of the applicant,
858including each name under which he or she intends to do
861The application shall be accompanied by a copy of any: Script,
862outline, or presentation the applicant will require or suggest a
863salesperson to use when soliciting, or, if no such document is
864used, a statement to that effect; sales information or
865literature to be provided by the applicant to a salesperson; and
866sales information or literature to be provided by the applicant
867to a purchaser in connection with any solicitation.
868     Section 23.  Paragraph (a) of subsection (1) of section
869501.607, Florida Statutes, is amended to read:
870     501.607  Licensure of salespersons.-
871     (1)  An applicant for a license as a salesperson must
872submit to the department, in such form as it prescribes, a
873written application for a license. The application must set
874forth the following information:
875     (a)  The true name, date of birth, driver's license number,
876social security number, and home address of the applicant.
877     Section 24.  Subsection (2) of section 501.913, Florida
878Statutes, is amended to read:
879     501.913  Registration.-
880     (2)  The completed application shall be accompanied by:
881     (a)  Specimens or facsimiles of the label for each brand of
883     (b)  An application fee of $200 for each brand; and
884     (c)  A properly labeled sample of at least 1 gallon, but
885not more than 2 gallons, of each brand of antifreeze.
886     Section 25.  Subsection (2) of section 525.01, Florida
887Statutes, is amended to read:
888     525.01  Gasoline and oil to be inspected.-
889     (2)  All petroleum fuels are shall be subject to inspection
890and analysis by the department. Before selling or offering for
891sale in this state any petroleum fuel, all manufacturers,
892terminal suppliers, wholesalers, and importers as defined in s.
893206.01 jobbers shall file with the department:
894     (a)  An affidavit that they desire to do business in this
895state, and the name and address of the manufacturer of the
896petroleum fuel.
897     (b)  An affidavit stating that the petroleum fuel is in
898conformity with the standards prescribed by department rule.
899     Section 26.  Subsections (1) and (3) of section 525.09,
900Florida Statutes, are amended to read:
901     525.09  Inspection fee.-
902     (1)  For the purpose of defraying the expenses incident to
903inspecting, testing, and analyzing petroleum fuels in this
904state, there shall be paid to the department a charge of one-
905eighth cent per gallon on all gasoline, alternative fuel
906containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
907kerosene (except when used as aviation turbine fuel), and #1
908fuel oil for sale or use in this state. This inspection fee
909shall be imposed in the same manner as the motor fuel tax
910pursuant to s. 206.41. Payment shall be made on or before the
91125th day of each month.
912     (3)  All remittances to the department for the inspection
913tax herein provided shall be accompanied by a detailed report
914under oath showing the number of gallons of gasoline,
915alternative fuel containing alcohol as defined in s.
916525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
917in each county.
918     Section 27.  Section 526.50, Florida Statutes, is amended
919to read:
920     526.50  Definition of terms.-As used in this part:
921     (1)  "Brake fluid" means the fluid intended for use as the
922liquid medium through which force is transmitted in the
923hydraulic brake system of a vehicle operated upon the highways.
924     (2)  "Brand" means the product name appearing on the label
925of a container of brake fluid.
926     (3)(5)  "Container" means any receptacle in which brake
927fluid is immediately contained when sold, but does not mean a
928carton or wrapping in which a number of such receptacles are
929shipped or stored or a tank car or truck.
930     (4)(2)  "Department" means the Department of Agriculture
931and Consumer Services.
932     (5)  "Formula" means the name of the chemical mixture or
933composition of the brake fluid product.
934     (6)(4)  "Labeling" includes all written, printed or graphic
935representations, in any form whatsoever, imprinted upon or
936affixed to any container of brake fluid.
937     (7)(6)  "Permit year" means a period of 12 months
938commencing July 1 and ending on the next succeeding June 30.
939     (8)(7)  "Registrant" means any manufacturer, packer,
940distributor, seller, or other person who has registered a brake
941fluid with the department.
942     (9)(3)  "Sell" includes give, distribute, barter, exchange,
943trade, keep for sale, offer for sale or expose for sale, in any
944of their variant forms.
945     Section 28.  Paragraph (a) of subsection (1) of section
946526.51, Florida Statutes, is amended to read:
947     526.51  Registration; renewal and fees; departmental
948expenses; cancellation or refusal to issue or renew.-
949     (1)(a)  Application for registration of each brand of brake
950fluid shall be made on forms to be supplied by the department.
951The applicant shall give his or her name and address and the
952brand name of the brake fluid, state that he or she owns the
953brand name and has complete control over the product sold
954thereunder in Florida, and provide the name and address of the
955resident agent in Florida. If the applicant does not own the
956brand name but wishes to register the product with the
957department, a notarized affidavit that gives the applicant full
958authorization to register the brand name and that is signed by
959the owner of the brand name must accompany the application for
960registration. The affidavit must include all affected brand
961names, the owner's company or corporate name and address, the
962applicant's company or corporate name and address, and a
963statement from the owner authorizing the applicant to register
964the product with the department. The owner of the brand name
965shall maintain complete control over each product sold under
966that brand name in this state. All first-time brand-formula
967combination new product applications must be accompanied by a
968certified report from an independent testing laboratory, setting
969forth the analysis of the brake fluid which shall show its
970quality to be not less than the specifications established by
971the department for brake fluids. A sample of not less than 24
972fluid ounces of brake fluid shall be submitted, in a container
973or containers, with labels representing exactly how the
974containers of brake fluid will be labeled when sold, and the
975sample and container shall be analyzed and inspected by the
976Division of Standards in order that compliance with the
977department's specifications and labeling requirements may be
978verified. Upon approval of the application, the department shall
979register the brand name of the brake fluid and issue to the
980applicant a permit authorizing the registrant to sell the brake
981fluid in this state during the permit year specified in the
983     Section 29.  Paragraph (a) of subsection (3) of section
984526.52, Florida Statutes, is amended to read:
985     526.52  Specifications; adulteration and misbranding.-
986     (3)  Brake fluid is deemed to be misbranded:
987     (a)  If its container does not bear on its side or top a
988label on which is printed the name and place of business of the
989registrant of the product, the words "brake fluid," and a
990statement that the product therein equals or exceeds the minimum
991specification of the Society of Automotive Engineers for heavy-
992duty-type brake fluid or equals or exceeds Federal Motor Vehicle
993Safety Standard No. 116 adopted by the United States Department
994of Transportation, heavy-duty-type. By regulation the department
995may require that the duty-type classification appear on the
997     Section 30.  Subsection (2) of section 526.53, Florida
998Statutes, is amended to read:
999     526.53  Enforcement; inspection and analysis, stop-sale and
1000disposition, regulations.-
1001     (2)(a)  When any brake fluid is sold in violation of any of
1002the provisions of this part, all such affected brake fluid of
1003the same brand name on the same premises on which the violation
1004occurred shall be placed under a stop-sale order by the
1005department by serving the owner of the brand name, distributor,
1006or other entity responsible for selling or distributing the
1007product in the state with the stop-sale order. The department
1008shall withdraw its stop-sale order upon the removal of the
1009violation or upon voluntary destruction of the product, or other
1010disposal approved by the department, under the supervision of
1011the department.
1012     (b)  In addition to being subject to the stop-sale
1013procedures above, unregistered brake fluid shall be held by the
1014department or its representative, at a place to be designated in
1015the stop-sale order, until properly registered and released in
1016writing by the department or its representative. If application
1017is has not been made for registration of the such product within
101830 days after issue of the stop-sale order, such product shall
1019be disposed of by the department, or, with the department's
1020consent, by the business, to any tax-supported institution or
1021agency of the state if the brake fluid meets legal
1022specifications or by other disposal authorized by rule of the
1023department if it fails to meet legal specifications.
1024     Section 31.  Subsections (1) and (3) and paragraphs (a) and
1025(c) of subsection (5) of section 527.0201, Florida Statutes, are
1026amended to read:
1027     527.0201  Qualifiers; master qualifiers; examinations.-
1028     (1)  In addition to the requirements of s. 527.02, any
1029person applying for a license to engage in the activities of a
1030pipeline system operator, category I liquefied petroleum gas
1031dealer, category II liquefied petroleum gas dispenser, category
1032IV liquefied petroleum gas dispenser and recreational vehicle
1033servicer, category V liquefied petroleum gases dealer for
1034industrial uses only, LP gas installer, specialty installer,
1035requalifier requalification of cylinders, or fabricator,
1036repairer, and tester of vehicles and cargo tanks must prove
1037competency by passing a written examination administered by the
1038department or its agent with a grade of at least 75 percent in
1039each area tested or above. Each applicant for examination shall
1040submit a $20 nonrefundable fee. The department shall by rule
1041specify the general areas of competency to be covered by each
1042examination and the relative weight to be assigned in grading
1043each area tested.
1044     (3)  Qualifier cards issued to category I liquefied
1045petroleum gas dealers and liquefied petroleum gas installers
1046shall expire 3 years after the date of issuance. All category I
1047liquefied petroleum gas dealer qualifiers and liquefied
1048petroleum gas installer qualifiers holding a valid qualifier
1049card upon the effective date of this act shall retain their
1050qualifier status until July 1, 2003, and may sit for the master
1051qualifier examination at any time during that time period. All
1052such category I liquefied petroleum gas dealer qualifiers and
1053liquefied petroleum gas installer qualifiers may renew their
1054qualification on or before July 1, 2003, upon application to the
1055department, payment of a $20 renewal fee, and documentation of
1056the completion of a minimum of 16 12 hours of approved
1057continuing education courses, as defined by department rule,
1058during the previous 3-year period. Applications for renewal must
1059be made 30 calendar days prior to expiration. Persons failing to
1060renew prior to the expiration date must reapply and take a
1061qualifier competency examination in order to reestablish
1062category I liquefied petroleum gas dealer qualifier and
1063liquefied petroleum gas installer qualifier status. If a
1064category I liquefied petroleum gas qualifier or liquefied
1065petroleum gas installer qualifier becomes a master qualifier at
1066any time during the effective date of the qualifier card, the
1067card shall remain in effect until expiration of the master
1068qualifier certification.
1069     (5)  In addition to all other licensing requirements, each
1070category I liquefied petroleum gas dealer and liquefied
1071petroleum gas installer must, at the time of application for
1072licensure, identify to the department one master qualifier who
1073is a full-time employee at the licensed location. This person
1074shall be a manager, owner, or otherwise primarily responsible
1075for overseeing the operations of the licensed location and must
1076provide documentation to the department as provided by rule. The
1077master qualifier requirement shall be in addition to the
1078requirements of subsection (1).
1079     (a)  In order to apply for certification as a master
1080qualifier, each applicant must be a category I liquefied
1081petroleum gas dealer qualifier or liquefied petroleum gas
1082installer qualifier, must be employed by a licensed category I
1083liquefied petroleum gas dealer, liquefied petroleum gas
1084installer, or applicant for such license, must provide
1085documentation of a minimum of 1 year's work experience in the
1086gas industry, and must pass a master qualifier competency
1087examination. Master qualifier examinations shall be based on
1088Florida's laws, rules, and adopted codes governing liquefied
1089petroleum gas safety, general industry safety standards, and
1090administrative procedures. The examination must be successfully
1091passed completed by the applicant with a grade of at least 75
1092percent or more. Each applicant for master qualifier status
1093shall submit to the department a nonrefundable $30 examination
1094fee prior to the examination.
1095     (c)  Master qualifier status shall expire 3 years after the
1096date of issuance of the certificate and may be renewed by
1097submission to the department of documentation of completion of
1098at least 16 12 hours of approved continuing education courses
1099during the 3-year period; proof of employment with a licensed
1100category I liquefied petroleum gas dealer, liquefied petroleum
1101gas installer, or applicant; and a $30 certificate renewal fee.
1102The department shall define, by rule, approved courses of
1103continuing education.
1104     Section 32.  Section 527.12, Florida Statutes, is amended
1105to read:
1106     527.12  Cease and desist orders; stop-use orders; stop-
1107operation orders; stop-sale orders; administrative fines.-
1108     (1)  Whenever the department has shall have reason to
1109believe that any person is violating or has violated been
1110violating provisions of this chapter or any rules adopted under
1111this chapter pursuant thereto, the department it may issue a
1112cease and desist order, or impose a civil penalty, or do both
1113may issue such cease and desist order and impose a civil
1115     (2)  Whenever a person or liquefied petroleum gas system or
1116storage facility, or any part or component thereof, fails to
1117comply with this chapter or any rules adopted under this
1118chapter, the department may issue a stop-use order, stop-
1119operation order, or stop-sale order.
1120     Section 33.  Subsection (1) of section 559.805, Florida
1121Statutes, is amended to read:
1122     559.805  Filings with the department; disclosure of
1123advertisement identification number.-
1124     (1)  Every seller of a business opportunity shall annually
1125file with the department a copy of the disclosure statement
1126required by s. 559.803 before prior to placing an advertisement
1127or making any other representation designed to offer to, sell
1128to, or solicit an offer to buy a business opportunity from a
1129prospective purchaser in this state and shall update this filing
1130by reporting any material change in the required information
1131within 30 days after the material change occurs. An
1132advertisement is not placed in the state merely because the
1133publisher circulates, or there is circulated on his or her
1134behalf in the state, any bona fide newspaper or other
1135publication of general, regular, and paid circulation which has
1136had more than two-thirds of its circulation during the past 12
1137months outside the state or because a radio or television
1138program originating outside the state is received in the state.
1139If the seller is required by s. 559.807 to provide a bond or
1140establish a trust account or guaranteed letter of credit, he or
1141she shall contemporaneously file with the department a copy of
1142the bond, a copy of the formal notification by the depository
1143that the trust account is established, or a copy of the
1144guaranteed letter of credit. Every seller of a business
1145opportunity shall file with the department a list of independent
1146agents who will engage in the offer or sale of business
1147opportunities on behalf of the seller in this state. This list
1148must be kept current and shall include the following
1149information: name, home and business address, telephone number,
1150present employer, social security number, and birth date. A No
1151person may not shall be allowed to offer or sell business
1152opportunities unless the required information is has been
1153provided to the department.
1154     Section 34.  Subsection (3) of section 559.928, Florida
1155Statutes, is amended to read:
1156     559.928  Registration.-
1157     (3)  Each independent agent shall annually file an
1158affidavit with the department before prior to engaging in
1159business in this state. This affidavit must include the
1160independent agent's full name, legal business or trade name,
1161mailing address, business address, telephone number, social
1162security number, and the name or names and addresses of each
1163seller of travel represented by the independent agent. A letter
1164evidencing proof of filing must be issued by the department and
1165must be prominently displayed in the independent agent's primary
1166place of business. Each independent agent must also submit an
1167annual registration fee of $50. All moneys collected pursuant to
1168the imposition of the fee shall be deposited by the Chief
1169Financial Officer into the General Inspection Trust Fund of the
1170Department of Agriculture and Consumer Services for the sole
1171purpose of administrating this part. As used in this subsection,
1172the term "independent agent" means a person who represents a
1173seller of travel by soliciting persons on its behalf; who has a
1174written contract with a seller of travel which is operating in
1175compliance with this part and any rules adopted thereunder; who
1176does not receive a fee, commission, or other valuable
1177consideration directly from the purchaser for the seller of
1178travel; who does not at any time have any unissued ticket stock
1179or travel documents in his or her possession; and who does not
1180have the ability to issue tickets, vacation certificates, or any
1181other travel document. The term "independent agent" does not
1182include an affiliate of the seller of travel, as that term is
1183used in s. 559.935(3), or the employees of the seller of travel
1184or of such affiliates.
1185     Section 35.  Subsection (7) of section 570.0725, Florida
1186Statutes, is amended to read:
1187     570.0725  Food recovery; legislative intent; department
1189     (7)  For public information purposes, the department may
1190shall develop and provide a public information brochure
1191detailing the need for food banks and similar of food recovery
1192programs, the benefit of such food recovery programs, the manner
1193in which such organizations may become involved in such food
1194recovery programs, and the protection afforded to such programs
1195under s. 768.136, and the food recovery entities or food banks
1196that exist in the state. This brochure must be updated annually.
1197A food bank or similar food recovery organization seeking to be
1198included on a list of such organizations must notify the
1199department and provide the information required by rule of the
1200department. Such organizations are responsible for updating the
1201information and providing the updated information to the
1202department. The department may adopt rules to implement this
1204     Section 36.  Paragraph (e) of subsection (6) of section
1205570.53, Florida Statutes, is amended to read:
1206     570.53  Division of Marketing and Development; powers and
1207duties.-The powers and duties of the Division of Marketing and
1208Development include, but are not limited to:
1209     (6)
1210     (e)  Extending in every practicable way the distribution
1211and sale of Florida agricultural products throughout the markets
1212of the world as required of the department by s. ss. 570.07(7),
1213(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1214     Section 37.  Subsection (2) of section 570.54, Florida
1215Statutes, is amended to read:
1216     570.54  Director; duties.-
1217     (2)  It shall be the duty of the director of this division
1218to supervise, direct, and coordinate the activities authorized
1219by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1220(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1221chapters 504, 571, 573, and 574 and to exercise other powers and
1222authority as authorized by the department.
1223     Section 38.  Subsection (4) of section 570.55, Florida
1224Statutes, is amended to read:
1225     570.55  Identification of sellers or handlers of tropical
1226or subtropical fruit and vegetables; containers specified;
1228     (4)  IDENTIFICATION OF HANDLER.-At the time of each
1229transaction involving the handling or sale of 55 pounds or more
1230of tropical or subtropical fruit or vegetables in the primary
1231channel of trade, the buyer or receiver of the tropical or
1232subtropical fruit or vegetables shall demand a bill of sale,
1233invoice, sales memorandum, or other document listing the date of
1234the transaction, the quantity of the tropical or subtropical
1235fruit or vegetables involved in the transaction, and the
1236identification of the seller or handler as it appears on the
1237driver's license of the seller or handler, including the
1238driver's license number. If the seller or handler does not
1239possess a driver's license, the buyer or receiver shall use any
1240other acceptable means of identification, which may include, but
1241is not limited to, i.e., voter's registration card and number,
1242draft card, social security card, or other identification.
1243However, no less than two identification documents shall be
1244used. The identification of the seller or handler shall be
1245recorded on the bill of sale, sales memorandum, invoice, or
1246voucher, which shall be retained by the buyer or receiver for a
1247period of not less than 1 year from the date of the transaction.
1248     Section 39.  Subsection (3) of section 570.902, Florida
1249Statutes, is amended to read:
1250     570.902  Definitions; ss. 570.902 and 570.903.-For the
1251purpose of ss. 570.902 and 570.903:
1252     (3)  "Museum" means the Florida Agricultural Museum which
1253is designated as the museum for agriculture and rural history of
1254the State of Florida.
1255     Section 40.  Section 570.903, Florida Statutes, is amended
1256to read:
1257     570.903  Direct-support organization.-
1258     (1)  When the Legislature authorizes the establishment of a
1259direct-support organization to provide assistance for the
1260museums, the Florida Agriculture in the Classroom Program, the
1261Florida State Collection of Arthropods, the Friends
1262Florida State Forests Program of the Division of Forestry, and
1263the Forestry Arson Alert Program, and other programs of the
1264department, the following provisions shall govern the creation,
1265use, powers, and duties of the direct-support organization.
1266     (a)  The department shall enter into a memorandum or letter
1267of agreement with the direct-support organization, which shall
1268specify the approval of the department, the powers and duties of
1269the direct-support organization, and rules with which the
1270direct-support organization shall comply.
1271     (b)  The department may permit, without charge, appropriate
1272use of property, facilities, and personnel of the department by
1273a direct-support organization, subject to the provisions of ss.
1274570.902 and 570.903. The use shall be directly in keeping with
1275the approved purposes of the direct-support organization and
1276shall not be made at times or places that would unreasonably
1277interfere with opportunities for the general public to use
1278department facilities for established purposes.
1279     (c)  The department shall prescribe by contract or by rule
1280conditions with which a direct-support organization shall comply
1281in order to use property, facilities, or personnel of the
1282department or museum. Such rules shall provide for budget and
1283audit review and oversight by the department.
1284     (d)  The department shall not permit the use of property,
1285facilities, or personnel of the museum, department, or
1286designated program by a direct-support organization which does
1287not provide equal employment opportunities to all persons
1288regardless of race, color, religion, sex, age, or national
1290     (2)(a)  The direct-support organization shall be empowered
1291to conduct programs and activities; raise funds; request and
1292receive grants, gifts, and bequests of money; acquire, receive,
1293hold, invest, and administer, in its own name, securities,
1294funds, objects of value, or other property, real or personal;
1295and make expenditures to or for the direct or indirect benefit
1296of the museum or designated program.
1297     (b)  Notwithstanding the provisions of s. 287.057, the
1298direct-support organization may enter into contracts or
1299agreements with or without competitive bidding for the
1300restoration of objects, historical buildings, and other
1301historical materials or for the purchase of objects, historical
1302buildings, and other historical materials which are to be added
1303to the collections of the museum, or benefit of the designated
1304program. However, before the direct-support organization may
1305enter into a contract or agreement without competitive bidding,
1306the direct-support organization shall file a certification of
1307conditions and circumstances with the internal auditor of the
1308department justifying each contract or agreement.
1309     (c)  Notwithstanding the provisions of s. 287.025(1)(e),
1310the direct-support organization may enter into contracts to
1311insure property of the museum or designated programs and may
1312insure objects or collections on loan from others in satisfying
1313security terms of the lender.
1314     (3)  The direct-support organization shall provide for an
1315annual financial audit in accordance with s. 215.981.
1316     (4)  Neither a designated program or a museum, nor a
1317nonprofit corporation trustee or employee may:
1318     (a)  Receive a commission, fee, or financial benefit in
1319connection with the sale or exchange of property historical
1320objects or properties to the direct-support organization, the
1321museum, or the designated program; or
1322     (b)  Be a business associate of any individual, firm, or
1323organization involved in the sale or exchange of property to the
1324direct-support organization, the museum, or the designated
1326     (5)  All moneys received by the direct-support organization
1327shall be deposited into an account of the direct-support
1328organization and shall be used by the organization in a manner
1329consistent with the goals of the museum or designated program.
1330     (6)  The identity of a donor or prospective donor who
1331desires to remain anonymous and all information identifying such
1332donor or prospective donor are confidential and exempt from the
1333provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1335     (7)  The Commissioner of Agriculture, or the commissioner's
1336designee, may serve on the board of trustees and the executive
1337committee of any direct-support organization established to
1338benefit the museum or any designated program.
1339     (8)  The department shall establish by rule archival
1340procedures relating to museum artifacts and records. The rules
1341shall provide procedures which protect the museum's artifacts
1342and records equivalent to those procedures which have been
1343established by the Department of State under chapters 257 and
1345     Section 41.  Subsection (4) of section 573.118, Florida
1346Statutes, is amended to read:
1347     573.118  Assessment; funds; audit; loans.-
1348     (4)  In the event of levying and collecting of assessments,
1349for each fiscal year in which assessment funds are received by
1350the department, the department shall maintain records of
1351collections and expenditures for each marketing order separately
1352within the state's accounting system. If requested by an
1353advisory council, department staff shall cause to be made a
1354thorough annual audit of the books and accounts by a certified
1355public accountant, such audit to be completed within 60 days
1356after the request is received end of the fiscal year. The
1357advisory council department and all producers and handlers
1358covered by the marketing order shall be provided a copy of the
1359properly advised of the details of the annual official audit of
1360the accounts as shown by the certified public accountant within
136130 days after completion of the audit.
1362     Section 42.  Subsections (18) through (30) of section
1363581.011, Florida Statutes, are renumbered as subsections (17)
1364through (29), respectively, and present subsections (17) and
1365(20) of that section are amended to read:
1366     581.011  Definitions.-As used in this chapter:
1367     (17)  "Museum" means the Florida State Collection of
1369     (19)(20)  "Nursery" means any grounds or premises on or in
1370which nursery stock is grown, propagated, or held for sale or
1371distribution, including except where aquatic plant species are
1372tended for harvest in the natural environment.
1373     Section 43.  Paragraph (a) of subsection (3) of section
1374581.211, Florida Statutes, is amended to read:
1375     581.211  Penalties for violations.-
1376     (3)(a)1.  In addition to any other provision of law, the
1377department may, after notice and hearing, impose an
1378administrative fine not exceeding $10,000 $5,000 for each
1379violation of this chapter, upon any person, nurseryman, stock
1380dealer, agent or plant broker. The fine, when paid, shall be
1381deposited in the Plant Industry Trust Fund. In addition, the
1382department may place the violator on probation for up to 1 year,
1383with conditions.
1384     2.  The imposition of a fine or probation pursuant to this
1385subsection may be in addition to or in lieu of the suspension or
1386revocation of a certificate of registration or certificate of
1388     Section 44.  Section 583.13, Florida Statutes, is amended
1389to read:
1390     583.13  Labeling and advertising requirements for dressed
1391poultry; unlawful acts.-
1392     (1)  It is unlawful for any dealer or broker to sell, offer
1393for sale, or hold for the purpose of sale in the state any
1394dressed or ready-to-cook poultry in bulk unless the such poultry
1395is packed in a container clearly bearing a label, not less than
13963 inches by 5 inches, on which shall be plainly and legibly
1397printed, in letters of not less than 1/4 inch high in height,
1398the grade and the part name or whole-bird statement of such
1399poultry. The grade may be expressed in the term "premium,"
1400"good," or "standard," or as the grade of another state or
1401federal agency the standards of quality of which, by law, are
1402equal to the standards of quality provided by this law and rules
1403promulgated hereunder.
1404     (2)  It is unlawful to sell unpackaged dressed or ready-to-
1405cook poultry at retail unless such poultry is labeled by a
1406placard immediately adjacent to the poultry or unless each bird
1407is individually labeled to show the grade and the part name or
1408whole-bird statement. The placard shall be no smaller than 7
1409inches by 7 inches in size, and the required labeling
1410information shall be legibly and plainly printed on the placard
1411in letters not smaller than 1 inch in height.
1412     (3)  It is unlawful to sell packaged dressed or ready-to-
1413cook poultry at retail unless such poultry is labeled to show
1414the grade, the part name or whole-bird statement, the net weight
1415of the poultry, and the name and address of the dealer. The size
1416of the type on the label must be one-eighth inch or larger. A
1417placard immediately adjacent to such poultry may be used to
1418indicate the grade and the part name or whole-bird statement,
1419but not the net weight of the poultry or the name and address of
1420the dealer.
1421     (4)  It is unlawful to use dressed or ready-to-cook poultry
1422in bulk in the preparation of food served to the public, or to
1423hold such poultry for the purpose of such use, unless the
1424poultry when received was packed in a container clearly bearing
1425a label, not less than 3 inches by 5 inches, on which was
1426plainly and legibly printed, in letters not less than 1/4 one-
1427fourth inch high in height, the grade and the part name or
1428whole-bird statement of such poultry. The grade may be expressed
1429in the term "premium," "good," or "standard," or as the grade of
1430another state or federal agency the standards of quality of
1431which, by law, are equal to the standards of quality provided by
1432this law and rules promulgated hereunder.
1433     (5)  It is unlawful to offer dressed or ready-to-cook
1434poultry for sale in any advertisement in a newspaper or
1435circular, on radio or television, or in any other form of
1436advertising without plainly designating in such advertisement
1437the grade and the part name or whole-bird statement of such
1439     Section 45.  Subsections (4) and (5) of section 590.125,
1440Florida Statutes, are renumbered as subsections (5) and (6),
1441respectively, subsection (1), paragraph (b) of subsection (3),
1442and paragraph (c) of present subsection (4) are amended, and new
1443subsections (4) and (7) are added to that section, to read:
1444     590.125  Open burning authorized by the division.-
1445     (1)  DEFINITIONS.-As used in this section, the term:
1446     (a)  "Certified pile burner" means an individual who
1447successfully completes the division's pile burning certification
1448program and possesses a valid pile burner certification number.
1449     (b)  "Certified prescribed burn manager" means an
1450individual who successfully completes the certified prescribed
1451burning certification program of the division and possesses a
1452valid certification number.
1453     (c)(d)  "Extinguished" means:
1454     1.  that no spreading flame For wild land burning or
1455certified prescribed burning, that no spreading flames exist.
1456     2.  and no visible flame, smoke, or emissions For
1457vegetative land-clearing debris burning or pile burning, that no
1458visible flames exist.
1459     3.  For vegetative land-clearing debris burning or pile
1460burning in an area designated as smoke sensitive by the
1461division, that no visible flames, smoke, or emissions exist.
1462     (d)  "Land-clearing operation" means the uprooting or
1463clearing of vegetation in connection with the construction of
1464buildings and rights-of-way, land development, and mineral
1465operations. The term does not include the clearing of yard
1467     (e)  "Pile burning" means the burning of silvicultural,
1468agricultural, or land-clearing and tree-cutting debris
1469originating onsite, which is stacked together in a round or
1470linear fashion, including, but not limited to, a windrow.
1471     (f)(a)  "Prescribed burning" means the controlled
1472application of fire in accordance with a written prescription
1473for vegetative fuels under specified environmental conditions
1474while following appropriate precautionary measures that ensure
1475that the fire is confined to a predetermined area to accomplish
1476the planned fire or land-management objectives.
1477     (g)(c)  "Prescription" means a written plan establishing
1478the criteria necessary for starting, controlling, and
1479extinguishing a prescribed burn.
1480     (h)  "Yard trash" means vegetative matter resulting from
1481landscaping and yard maintenance operations and other such
1482routine property cleanup activities. The term includes materials
1483such as leaves, shrub trimmings, grass clippings, brush, and
1484palm fronds.
1487     (b)  Certified prescribed burning pertains only to
1488broadcast burning for purposes of silviculture, wildlife
1489management, ecological maintenance and restoration, and range
1490and pasture management. It must be conducted in accordance with
1491this subsection and:
1492     1.  May be accomplished only when a certified prescribed
1493burn manager is present on site with a copy of the prescription
1494from ignition of the burn to its completion.
1495     2.  Requires that a written prescription be prepared before
1496receiving authorization to burn from the division.
1497     3.  Requires that the specific consent of the landowner or
1498his or her designee be obtained before requesting an
1500     4.  Requires that an authorization to burn be obtained from
1501the division before igniting the burn.
1502     5.  Requires that there be adequate firebreaks at the burn
1503site and sufficient personnel and firefighting equipment for the
1504control of the fire.
1505     6.  Is considered to be in the public interest and does not
1506constitute a public or private nuisance when conducted under
1507applicable state air pollution statutes and rules.
1508     7.  Is considered to be a property right of the property
1509owner if vegetative fuels are burned as required in this
1513     (a)  Pile burning is a tool that benefits current and
1514future generations in Florida by disposing of naturally
1515occurring vegetative debris through burning rather than
1516disposing of the debris in landfills.
1517     (b)  Certified pile burning pertains to the disposal of
1518piled, naturally occurring debris from an agricultural,
1519silvicultural, or temporary land-clearing operation. A land-
1520clearing operation is temporary if it operates for 6 months or
1521less. Certified pile burning must be conducted in accordance
1522with this subsection, and:
1523     1.  A certified pile burner must ensure, before ignition,
1524that the piles are properly placed and that the content of the
1525piles is conducive to efficient burning.
1526     2.  A certified pile burner must ensure that the piles are
1527properly extinguished no later than 1 hour after sunset. If the
1528burn is conducted in an area designated by the division as smoke
1529sensitive, a certified pile burner must ensure that the piles
1530are properly extinguished at least 1 hour before sunset.
1531     3.  A written pile burn plan must be prepared before
1532receiving authorization from the division to burn.
1533     4.  The specific consent of the landowner or his or her
1534agent must be obtained before requesting authorization to burn.
1535     5.  An authorization to burn must be obtained from the
1536division or its designated agent before igniting the burn.
1537     6.  There must be adequate firebreaks and sufficient
1538personnel and firefighting equipment at the burn site to control
1539the fire.
1540     (c)  If a burn is conducted in accordance with this
1541subsection, the property owner and his or her agent are not
1542liable under s. 590.13 for damage or injury caused by the fire
1543or resulting smoke, and are not in violation of subsection (2),
1544unless gross negligence is proven.
1545     (d)  A certified pile burner who violates this section
1546commits a misdemeanor of the second degree, punishable as
1547provided in s. 775.082 or s. 775.083.
1548     (e)  The division shall adopt rules regulating certified
1549pile burning. The rules shall include procedures and criteria
1550for certifying and decertifying certified pile burn managers
1551based on past experience, training, and record of compliance
1552with this section.
1554DIVISION.-The division may conduct fuel reduction initiatives,
1555including, but not limited to, burning and mechanical and
1556chemical treatment, on any area of wild land within the state
1557which is reasonably determined to be in danger of wildfire in
1558accordance with the following procedures:
1559     (c)  Prepare, and send the county tax collector shall
1560include with the annual tax statement, a notice to be sent to
1561all landowners in each area township designated by the division
1562as a wildfire hazard area. The notice must describe particularly
1563the area to be treated and the tentative date or dates of the
1564treatment and must list the reasons for and the expected
1565benefits from the wildfire hazard reduction.
1568     (a)  A county or municipality may exercise the division's
1569authority, if delegated by the division under this subsection,
1570to issue authorizations for the burning of yard trash or debris
1571from land-clearing operations. A county's or municipality's
1572existing or proposed open burning authorization program must:
1573     1.  Be approved by the division. The division shall not
1574approve a program if it fails to meet the requirements of
1575subsections (2) and (4) and any rules adopted under those
1577     2.  Provide by ordinance or local law the requirements for
1578obtaining and performing a burn authorization that comply with
1579subsections (2) and (4) and any rules adopted under those
1581     3.  Provide for the enforcement of the program's
1583     4.  Provide financial, personnel, and other resources
1584needed to carry out the program.
1585     (b)  If the division determines that a county's or
1586municipality's open burning authorization program does not
1587comply with subsections (2) and (4) and any rules adopted under
1588those subsections, the division shall require the county or
1589municipality to take necessary corrective actions within a
1590reasonable period, not to exceed 90 days.
1591     1.  If the county or municipality fails to take the
1592necessary corrective actions within the required period, the
1593division shall resume administration of the open burning
1594authorization program in the county or municipality and the
1595county or municipality shall cease administration of its
1597     2.  Each county and municipality administering an open
1598burning authorization program must cooperate with and assist the
1599division in carrying out the division's powers, duties, and
1601     3.  A person who violates the requirements of a county's or
1602municipality's open burning authorization program, as provided
1603by ordinance or local law enacted pursuant to this section,
1604commits a violation of this chapter, punishable as provided in
1605s. 590.14.
1606     Section 46.  Section 590.14, Florida Statutes, is amended
1607to read:
1608     590.14  Notice of violation; penalties.-
1609     (1)  If a division employee determines that a person has
1610violated chapter 589, or this chapter, or any rule adopted by
1611the division to administer provisions of law conferring duties
1612upon the division, the division employee he or she may issue a
1613notice of violation indicating the statute violated. This notice
1614will be filed with the division and a copy forwarded to the
1615appropriate law enforcement entity for further action if
1617     (2)  In addition to any penalties provided by law, any
1618person who causes a wildfire or permits any authorized fire to
1619escape the boundaries of the authorization or to burn past the
1620time of the authorization is liable for the payment of all
1621reasonable costs and expenses incurred in suppressing the fire
1622or $150, whichever is greater. All costs and expenses incurred
1623by the division shall be payable to the division. When such
1624costs and expenses are not paid within 30 days after demand, the
1625division may take proper legal proceedings for the collection of
1626the costs and expenses. Those costs incurred by an agency acting
1627at the division's direction are recoverable by that agency.
1628     (3)  The department may also impose an administrative fine,
1629not to exceed $1,000 per violation of any section of chapter 589
1630or this chapter or violation of any rule adopted by the division
1631to administer provisions of law conferring duties upon the
1632division. The fine shall be based upon the degree of damage, the
1633prior violation record of the person, and whether the person
1634knowingly provided false information to obtain an authorization.
1635The fines shall be deposited in the Incidental Trust Fund of the
1637     (4)  A person may not:
1638     (a)  Fail to comply with any rule or order adopted by the
1639division to administer provisions of law conferring duties upon
1640the division; or
1641     (b)  Knowingly make any false statement or representation
1642in any application, record, plan, or other document required by
1643this chapter or any rules adopted under this chapter.
1644     (5)  A person who violates paragraph (4)(a) or paragraph
1645(4)(b) commits a misdemeanor of the second degree, punishable as
1646provided in s. 775.082 or s. 775.083.
1647     (6)  It is the intent of the Legislature that a penalty
1648imposed by a court under subsection (5) be of a severity that
1649ensures immediate and continued compliance with this section.
1650     (7)(4)  The penalties provided in this section shall extend
1651to both the actual violator and the person or persons, firm, or
1652corporation causing, directing, or permitting the violation.
1653     Section 47.  Paragraph (a) of subsection (1) of section
1654599.004, Florida Statutes, is amended to read:
1655     599.004  Florida Farm Winery Program; registration; logo;
1657     (1)  The Florida Farm Winery Program is established within
1658the Department of Agriculture and Consumer Services. Under this
1659program, a winery may qualify as a tourist attraction only if it
1660is registered with and certified by the department as a Florida
1661Farm Winery. A winery may not claim to be certified unless it
1662has received written approval from the department.
1663     (a)  To qualify as a certified Florida Farm Winery, a
1664winery shall meet the following standards:
1665     1.  Produce or sell less than 250,000 gallons of wine
1667     2.  Maintain a minimum of 10 acres of owned or managed land
1668vineyards in Florida which produces commodities used in the
1669production of wine.
1670     3.  Be open to the public for tours, tastings, and sales at
1671least 30 hours each week.
1672     4.  Make annual application to the department for
1673recognition as a Florida Farm Winery, on forms provided by the
1675     5.  Pay an annual application and registration fee of $100.
1676     Section 48.  Subsection (1) of section 604.15, Florida
1677Statutes, is amended, and subsection (11) is added to that
1678section, to read:
1679     604.15  Dealers in agricultural products; definitions.-For
1680the purpose of ss. 604.15-604.34, the following words and terms,
1681when used, shall be construed to mean:
1682     (1)  "Agricultural products" means the natural products of
1683the farm, nursery, grove, orchard, vineyard, garden, and apiary
1684(raw or manufactured); sod; tropical foliage; horticulture; hay;
1685livestock; milk and milk products; poultry and poultry products;
1686the fruit of the saw palmetto (meaning the fruit of the Serenoa
1687repens); limes (meaning the fruit Citrus aurantifolia, variety
1688Persian, Tahiti, Bearss, or Florida Key limes); and any other
1689nonexempt agricultural products produced in the state, except
1690tobacco, sugarcane, tropical foliage, timber and timber
1691byproducts, forest products as defined in s. 591.17, and citrus
1692other than limes.
1693     (11)  "Responsible position" means a position within the
1694business of a dealer in agricultural products that has the
1695authority to negotiate or make the purchase of agricultural
1696products on behalf of the dealer's business or has principal
1697active management authority over the business decisions,
1698actions, and activities of the dealer's business in this state.
1699     Section 49.  Section 604.19, Florida Statutes, is amended
1700to read:
1701     604.19  License; fee; bond; certificate of deposit;
1702penalty.-Unless the department refuses the application on one or
1703more of the grounds provided in this section, it shall issue to
1704an applicant, upon the payment of required fees and the
1705execution and delivery of a bond or certificate of deposit as
1706provided in this section, a state license entitling the
1707applicant to conduct business as a dealer in agricultural
1708products for a 1-year period to coincide with the effective
1709period of the bond or certificate of deposit furnished by the
1710applicant. During the 1-year period covered by a license, if the
1711supporting surety bond or certificate of deposit is canceled for
1712any reason, the license shall automatically expire on the date
1713the surety bond or certificate of deposit terminates, unless an
1714acceptable replacement is in effect before the date of
1715termination so that continual coverage occurs for the remaining
1716period of the license. A surety company shall give the
1717department a 30-day written notice of cancellation by certified
1718mail in order to cancel a bond. Cancellation of a bond or
1719certificate of deposit does shall not relieve a surety company
1720or financial institution of liability for purchases or sales
1721occurring while the bond or certificate of deposit was in
1722effect. The license fee, which must be paid for the principal
1723place of business for a dealer in agricultural products, shall
1724be based upon the amount of the dealer's surety bond or
1725certificate of deposit furnished by each dealer under the
1726provisions of s. 604.20 and may not exceed $500. For each
1727additional place in which the applicant desires to conduct
1728business and which the applicant names in the application, the
1729additional license fee must be paid but may not exceed $100
1730annually. If a Should any dealer in agricultural products fails,
1731refuses, or neglects fail, refuse, or neglect to apply and
1732qualify for the renewal of a license on or before its the date
1733of expiration date thereof, a penalty not to exceed $100 shall
1734apply to and be added to the original license fee for the
1735principal place of business and to the license fee for each
1736additional place of business named in the application and shall
1737be paid by the applicant before the renewal license may be
1738issued. The department by rule shall prescribe fee amounts
1739sufficient to fund ss. 604.15-604.34.
1740     Section 50.  Section 604.25, Florida Statutes, is amended
1741to read:
1742     604.25  Denial of, refusal to renew grant, or suspension or
1743revocation of, license.-
1744     (1)  The department may deny, refuse to renew, decline to
1745grant a license or may suspend or revoke a license already
1746granted if the applicant or licensee has:
1747     (1)(a)  Suffered a monetary judgment entered against the
1748applicant or licensee upon which is execution has been returned
1750     (2)(b)  Made false charges for handling or services
1752     (3)(c)  Failed to account promptly and properly or to make
1753settlements with any producer;
1754     (4)(d)  Made any false statement or statements as to
1755condition, quality, or quantity of goods received or held for
1756sale when the true condition, quality, or quantity could have
1757been ascertained by reasonable inspection;
1758     (5)(e)  Made any false or misleading statement or
1759statements as to market conditions or service rendered;
1760     (6)(f)  Been guilty of a fraud in the attempt to procure,
1761or the procurement of, a license;
1762     (7)(g)  Directly or indirectly sold agricultural products
1763received on consignment or on a net return basis for her or his
1764own account, without prior authority from the producer
1765consigning the same, or without notifying such producer;
1766     (8)(h)  Failed to prevent a person from holding a position
1767as the applicant's or licensee's owner, officer, director,
1768general or managing partner, or employee Employed in a
1769responsible position a person, or holding any other similarly
1770situated position, if the person holds or has held a similar
1771position with any entity that an officer of a corporation, who
1772has failed to fully comply with an order of the department, has
1773not satisfied a civil judgment held by the department, has
1774pending any administrative or civil enforcement action by the
1775department, or has pending any criminal charges pursuant to s.
1776604.30 at any time within 1 year after issuance;
1777     (9)(i)  Violated any statute or rule relating to the
1778purchase or sale of any agricultural product, whether or not
1779such transaction is subject to the provisions of this chapter;
1781     (10)(j)  Failed to submit to the department an application,
1782appropriate license fees, and an acceptable surety bond or
1783certificate of deposit; or.
1784     (11)(2)  Failed If a licensee fails or refused refuses to
1785comply in full with an order of the department or failed to
1786satisfy a civil judgment owed to the department, her or his
1787license may be suspended or revoked, in which case she or he
1788shall not be eligible for license for a period of 1 year or
1789until she or he has fully complied with the order of the
1791     (3)  No person, or officer of a corporation, whose license
1792has been suspended or revoked for failure to comply with an
1793order of the department may hold a responsible position with a
1794licensee for a period of 1 year or until the order of the
1795department has been fully complied with.
1796     Section 51.  Subsections (18) and (19) of section 616.242,
1797Florida Statutes, are renumbered as subsections (19) and (20),
1798respectively, and a new subsection (18) is added to that section
1799to read:
1800     616.242  Safety standards for amusement rides.-
1801     (18)  STOP-OPERATION ORDERS.-If an owner or amusement ride
1802fails to comply with this chapter or any rule adopted under this
1803chapter, the department may issue a stop-operation order.
1804     Section 52.  Subsection (4) of section 686.201, Florida
1805Statutes, is amended to read:
1806     686.201  Sales representative contracts involving
1807commissions; requirements; termination of agreement; civil
1809     (4)  This section does not apply to:
1810     (a)  Persons licensed pursuant to chapter 475 who are
1811performing services within the scope of their license.
1812     (b)  Contracts to which a seller of travel as defined in s.
1813559.927 is a party.
1814     Section 53.  Paragraph (c) of subsection (5) of section
1815790.06, Florida Statutes, is amended to read:
1816     790.06  License to carry concealed weapon or firearm.-
1817     (5)  The applicant shall submit to the Department of
1818Agriculture and Consumer Services:
1819     (c)  A full set of fingerprints of the applicant
1820administered by a law enforcement agency or the Division of
1821Licensing of the Department of Agriculture and Consumer
1823     Section 54.  Sections 570.071 and 570.901, Florida
1824Statutes, are repealed.
1825     Section 55.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.
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