October 25, 2020
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CS/CS/CS/HB 1445

A bill to be entitled
2An act relating to agriculture; creating s. 15.0455, F.S.;
3designating the Florida Agricultural Museum in Flagler
4County as the official state agricultural museum; amending
5s. 369.20, F.S.; authorizing the Fish and Wildlife
6Conservation Commission to enter into an agreement with
7the Department of Environmental Protection for the uniform
8regulation of pesticides applied to the waters of the
9state; revising exemptions from water pollution permits;
10amending s. 373.1391, F.S.; requiring water management
11districts to give priority to the agricultural use of
12certain parcels for purposes of management of such
13parcels; amending s. 403.088, F.S.; providing permits for
14applying pesticides to the waters of the state; requiring
15the Department of Environmental Protection to enter into
16agreements with the Department of Agriculture and Consumer
17Services and the commission for the uniform regulation of
18pesticides applied to the waters of the state; authorizing
19temporary deviations from certain rule provisions adopted
20by the Department of Environmental Protection for certain
21pesticides under certain conditions; amending s. 403.9336,
22F.S.; revising a reference to the Model Ordinance for
23Florida-Friendly Fertilizer Use on Urban Landscapes;
24amending s. 403.9337, F.S.; providing for amendment of the
25model ordinance by the Department of Environmental
26Protection; revising the criteria for a local government's
27adoption of additional or more stringent standards;
28providing exemptions; amending s. 487.163, F.S.; requiring
29the Department of Agriculture and Consumer Services to
30enter into an agreement with the Department of
31Environmental Protection for the uniform regulation of
32pesticides applied to the waters of the state; amending s.
33493.6102, F.S.; specifying that provisions regulating
34security officers do not apply to certain law enforcement,
35correctional, and probation officers performing off-duty
36activities; amending s. 493.6105, F.S.; revising the
37application requirements and procedures for certain
38private investigative, private security, recovery agent,
39and firearm licenses; specifying application requirements
40for firearms instructor licenses; amending s. 493.6106,
41F.S.; revising citizenship requirements and documentation
42for certain private investigative, private security, and
43recovery agent licenses; prohibiting the licensure of
44applicants for a statewide firearm license or firearms
45instructor license who are prohibited from purchasing or
46possessing firearms; requiring that private investigative,
47security, and recovery agencies notify the Department of
48Agriculture and Consumer Services of changes to their
49branch office locations; amending s. 493.6107, F.S.;
50requiring the department to accept certain methods of
51payment for certain fees; amending s. 493.6108, F.S.;
52revising requirements for criminal history checks of
53license applicants whose fingerprints are not legible;
54requiring the investigation of the mental and emotional
55fitness of applicants for firearms instructor licenses;
56amending s. 493.6111, F.S.; requiring a security officer
57school or recovery agent school to obtain the department's
58approval for use of a fictitious name; specifying that a
59licensee may not conduct business under more than one
60fictitious name; amending s. 493.6113, F.S.; revising
61application renewal procedures and requirements; amending
62s. 493.6115, F.S.; conforming cross-references; amending
63s. 493.6118, F.S.; authorizing disciplinary action against
64statewide firearm licensees and firearms instructor
65licensees who are prohibited from purchasing or possessing
66firearms; conforming a cross-reference; amending s.
67493.6121, F.S.; deleting provisions for the department's
68access to certain criminal history records provided to
69licensed gun dealers, manufacturers, and exporters;
70amending s. 493.6202, F.S.; requiring the department to
71accept certain methods of payment for certain fees;
72amending s. 493.6203, F.S.; prohibiting bodyguard services
73from being credited toward certain license requirements;
74revising the training requirements for private
75investigator intern license applicants; requiring the
76automatic suspension of an intern's license under certain
77circumstances; providing an exception; amending s.
78493.6302, F.S.; requiring the department to accept certain
79methods of payment for certain fees; amending s. 493.6303,
80F.S.; revising the training requirements for security
81officer license applicants; amending s. 493.6304, F.S.;
82revising application requirements and procedures for
83security officer school licenses; amending s. 493.6401,
84F.S.; revising terminology for recovery agent schools and
85training facilities; amending s. 493.6402, F.S.; revising
86terminology for recovery agent schools and training
87facilities; requiring the department to accept certain
88methods of payment for certain fees; amending s. 493.6406,
89F.S.; revising terminology; requiring the licensure of
90recovery agent schools and instructors; providing license
91application requirements and procedures; requiring license
92fees; amending s. 500.033, F.S.; revising the membership
93of the Florida Food Safety and Food Defense Advisory
94Council; amending ss. 501.605 and 501.607, F.S.; revising
95application requirements for commercial telephone seller
96and salesperson licenses; amending s. 501.913, F.S.;
97specifying the sample size required for an antifreeze
98registration application; amending s. 525.01, F.S.;
99revising requirements for petroleum fuel affidavits;
100amending s. 525.09, F.S.; imposing an inspection fee on
101certain alternative fuels containing alcohol; amending s.
102526.50, F.S.; defining terms applicable to regulation of
103the sale of brake fluid; amending s. 526.51, F.S.;
104revising brake fluid permit application requirements;
105amending s. 526.52, F.S.; revising requirements for
106printed statements on brake fluid containers; amending s.
107526.53, F.S.; revising requirements and procedures for
108brake fluid stop-sale orders; authorizing businesses to
109dispose of unregistered brake fluid under certain
110circumstances; amending s. 527.0201, F.S.; revising
111requirements for liquefied petroleum gas qualifying
112examinations; increasing continuing education requirements
113for certain liquefied petroleum gas qualifiers; amending
114s. 527.12, F.S.; providing for the issuance of certain
115stop orders; amending ss. 559.805 and 559.928, F.S.;
116deleting social security numbers as a listing requirement
117on registration affidavits for independent agents of
118sellers of business opportunities; amending s. 570.07,
119F.S.; revising the department's authority to enforce laws
120and rules relating to commercial stock feeds and
121commercial fertilizers; amending s. 570.0725, F.S.;
122revising provisions for public information about food
123banks and similar food recovery programs; authorizing the
124department to adopt rules; amending ss. 570.53 and 570.54,
125F.S.; conforming cross-references; amending s. 570.55,
126F.S.; revising requirements for identifying sellers or
127handlers of tropical or subtropical fruit or vegetables;
128amending s. 570.902, F.S.; conforming terminology to the
129repeal by the act of provisions establishing the Florida
130Agricultural Museum; amending s. 570.903, F.S.; revising
131provisions for direct-support organizations for certain
132agricultural programs to conform to the repeal by the act
133of provisions establishing the Florida Agricultural
134Museum; deleting provisions for a direct-support
135organization for the Florida State Collection of
136Arthropods; amending s. 573.118, F.S.; requiring the
137department to maintain records of marketing orders;
138requiring an audit at the request of an advisory council;
139requiring that the advisory council receive a copy of the
140audit within a specified time; amending s. 581.011, F.S.;
141deleting terminology relating to the Florida State
142Collection of Arthropods; revising the term "nursery" for
143purposes of plant industry regulations; amending s.
144581.211, F.S.; increasing the maximum fine for violations
145of plant industry regulations; amending s. 583.13, F.S.;
146deleting a prohibition on the sale of poultry without
147displaying the poultry grade; amending s. 585.61, F.S.;
148designating an animal disease diagnostic laboratory
149complex in Osceola County as the "Bronson Animal Disease
150Diagnostic Laboratory"; amending s. 590.125, F.S.;
151revising terminology for open burning authorizations;
152specifying purposes of certified prescribed burning;
153requiring the authorization of the Division of Forestry
154for certified pile burning; providing pile burning
155requirements; limiting the liability of property owners or
156agents engaged in pile burning; providing for the
157certification of pile burners; providing penalties for
158violations by certified pile burners; requiring rules;
159authorizing the division to adopt rules regulating
160certified pile burning; revising notice requirements for
161wildfire hazard reduction treatments; providing for
162approval of local government open burning authorization
163programs; providing program requirements; authorizing the
164division to close local government programs under certain
165circumstances; providing penalties for violations of local
166government open burning requirements; amending s. 590.14,
167F.S.; authorizing fines for violations of any division
168rule; providing penalties for certain violations;
169providing legislative intent; amending s. 599.004, F.S.;
170revising standards that a winery must meet to qualify as a
171certified Florida Farm Winery; amending s. 604.15, F.S.;
172revising the term "agricultural products" to make tropical
173foliage exempt from regulation under provisions relating
174to dealers in agricultural products; defining the term
175"responsible position"; amending s. 604.19, F.S.; revising
176requirements for late fees on agricultural products dealer
177applications; amending s. 604.25, F.S.; revising
178conditions under which the department may deny, refuse to
179renew, suspend, or revoke agricultural products dealer
180licenses; deleting a provision prohibiting certain persons
181from holding a responsible position with a licensee;
182amending s. 616.242, F.S.; authorizing the issuance of
183stop-operation orders for amusement rides under certain
184circumstances; amending s. 624.4095, F.S.; requiring that
185gross written premiums for certain crop insurance not be
186included when calculating the insurer's gross writing
187ratio; requiring that liabilities for ceded reinsurance
188premiums be netted against the asset for amounts
189recoverable from reinsurers; requiring that insurers who
190write other insurance products disclose a breakout of the
191gross written premiums for crop insurance; amending s.
192686.201, F.S.; exempting contracts involving a seller of
193travel from requirements for certain sales representative
194contracts; amending s. 790.06, F.S.; authorizing a
195concealed firearm license applicant to submit fingerprints
196administered by the Division of Licensing; creating s.
197828.126, F.S.; defining the term "sexual activities";
198prohibiting a person from knowingly engaging in sexual
199activities with an animal; prohibiting certain acts
200related to sexual activities with animals; providing
201penalties; providing exemptions; repealing ss. 570.071 and
202570.901, F.S., relating to the Florida Agricultural
203Exposition and the Florida Agricultural Museum; providing
204an effective date.
206Be It Enacted by the Legislature of the State of Florida:
208     Section 1.  Section 15.0455, Florida Statutes, is created
209to read:
210     15.0455  Official state agricultural museum.-The Florida
211Agricultural Museum in Flagler County is designated as the
212official state agricultural museum.
213     Section 2.  Subsections (4) and (9) of section 369.20,
214Florida Statutes, are amended to read:
215     369.20  Florida Aquatic Weed Control Act.-
216     (4)  The commission shall also promote, develop, and
217support research activities directed toward the more effective
218and efficient control of aquatic plants. In the furtherance of
219this purpose, the commission may is authorized to:
220     (a)  Accept donations and grants of funds and services from
221both public and private sources;
222     (b)  Contract or enter into agreements with public or
223private agencies or corporations for research and development of
224aquatic plant control methods or for the performance of aquatic
225plant control activities. The commission may enter into an
226agreement with the Department of Environmental Protection to
227ensure that pesticides applied to the waters of the state are
228regulated uniformly, including provisions for the coordination
229of agency staff and resources, through the implementation of
230permitting, compliance, and enforcement activities under ss.
231403.088 and 403.0885;
232     (c)  Construct, acquire, operate, and maintain facilities
233and equipment; and
234     (d)  Enter upon, or authorize the entry upon, private
235property for purposes of making surveys and examinations and to
236engage in aquatic plant control activities; and such entry shall
237not be deemed a trespass.
238     (9)  A permit issued pursuant to this section for The
239application of herbicides to waters of in the state for the
240control of aquatic plants, algae, or invasive exotic plants is
241exempt from the requirement to obtain a water pollution
242operation permit except as provided in ss. pursuant to s.
243403.088 and 403.0885.
244     Section 3.  Paragraph (d) of subsection (1) of section
245373.1391, Florida Statutes, is amended to read:
246     373.1391  Management of real property.-
247     (1)
248     (d)  For any fee simple acquisition of a parcel which is or
249will be leased back for agricultural purposes, or for any
250acquisition of a less-than-fee interest in lands that is or will
251be used for agricultural purposes, the district governing board
252shall first consider having a soil and water conservation
253district created pursuant to chapter 582 manage and monitor such
254interest. Priority shall be given to the agricultural use
255present at the time of fee simple acquisition of the parcel.
256     Section 4.  Subsection (1) of section 403.088, Florida
257Statutes, is amended to read:
258     403.088  Water pollution operation permits; conditions.-
259     (1)  No person, Without the written authorization of the
260department, a person may not shall discharge any waste into the
261waters of within the state any waste which, by itself or in
262combination with the wastes of other sources, reduces the
263quality of the receiving waters below the classification
264established for such waters them. However, this section does
265shall not be deemed to prohibit the application of pesticides to
266such waters in the state for the control of insects, aquatic
267weeds, or algae, or other pests if provided the application is
268performed in accordance with this section.
269     (a)  Upon execution of the agreement required in s.
270487.163(3), the department may develop a permit or other
271authorization as required by 33 U.S.C. s. 1342 for the
272application of pesticides. A person must obtain such permit or
273other authorization before applying pesticides to the waters of
274the state.
275     (b)  In consultation with the Department of Agriculture and
276Consumer Services and the Fish and Wildlife Conservation
277Commission, the department shall also develop a general permit
278under s. 403.0885(2), for the application of pesticides.
279     (c)  The department shall also enter into agreements with
280the Department of Agriculture and Consumer Services pursuant to
281a program approved by the Department of Health, in
282insect or other pest control, and with or the Fish and Wildlife
283Conservation Commission, in the case of aquatic weed, other
284aquatic pests, or algae control. The department is directed to
285enter into interagency agreements to establish the procedures
286for program approval. Such agreements must shall provide for
287public health, welfare, and safety, as well as environmental
288factors, and must ensure that pesticides applied to waters of
289the state are regulated uniformly, including provisions for the
290coordination of agency staff and resources, through the
291implementation of permitting, compliance, and enforcement
292activities under s. 403.0885 and this section. Pesticides that
293are Approved programs must provide that only chemicals approved
294for a the particular use by the United States Environmental
295Protection Agency or by the Department of Agriculture and
296Consumer Services may be employed and that they be applied in
297accordance with registered label instructions, state standards
298for such application, including any permit or other
299authorization required by this subsection, and the provisions of
300the Florida Pesticide Law, part I of chapter 487, are allowed a
301temporary deviation from the acute toxicity provisions of the
302department's rule establishing surface water quality standards,
303not to exceed the time necessary to control the target pests and
304only if the application does not reduce the quality of the
305receiving waters below the classification for such waters and is
306not likely to adversely affect any threatened or endangered
308     Section 5.  Section 403.9336, Florida Statutes, is amended
309to read:
310     403.9336  Legislative findings.-The Legislature finds that
311the implementation of the Model Ordinance for Florida-Friendly
312Fertilizer Use on Urban Landscapes (2008), which was developed
313by the department in conjunction with the Florida Consumer
314Fertilizer Task Force, the Department of Agriculture and
315Consumer Services, and the University of Florida Institute of
316Food and Agricultural Sciences, will assist in protecting the
317quality of Florida's surface water and groundwater resources.
318The Legislature further finds that local conditions, including
319variations in the types and quality of water bodies, site-
320specific soils and geology, and urban or rural densities and
321characteristics, may necessitate the implementation of
322additional or more stringent fertilizer management practices at
323the local government level.
324     Section 6.  Section 403.9337, Florida Statutes, is amended
325to read:
326     403.9337  Model Ordinance for Florida-Friendly Fertilizer
327Use on Urban Landscapes.-
328     (1)  The department may amend its Model Ordinance for
329Florida-Friendly Fertilizer Use on Urban Landscapes (2009).
330However, any amendment of the model ordinance after July 1,
3312010, must be adopted by order of the department. Before
332adopting an amendment to the model ordinance, the department
333must hold at least one public workshop to discuss and receive
334comments on the proposed amendment. The department, at a
335minimum, must notify interested stakeholders of the public
336workshop, including representatives of the nursery and landscape
337industry, the pest control industry, the Department of
338Agriculture and Consumer Services, the University of Florida's
339Institute of Food and Agricultural Sciences, environmental
340groups, and county and local governments. Such an order amending
341the model ordinance is subject to challenge under chapter 120.
342     (2)(1)  All county and municipal governments are encouraged
343to adopt and enforce the Model Ordinance for Florida-Friendly
344Fertilizer Use on Urban Landscapes or an equivalent requirement
345as a mechanism for protecting local surface and groundwater
347     (3)(2)  Each county and municipal government located within
348the watershed of a water body or water segment that is listed as
349impaired by nutrients pursuant to s. 403.067, must shall, at a
350minimum, adopt the most recent version of the department's Model
351Ordinance for Florida-Friendly Fertilizer Use on Urban
353     (4)  A local government may adopt additional or more
354stringent standards than the model ordinance if, before
355adoption, one of the following criteria are met:
356     (a)  The local government has implemented demonstrated, as
357part of a comprehensive program to address nonpoint sources of
358nutrient pollution but which is science-based, and economically
359and technically feasible, that additional or more stringent
360standards than the model ordinance are necessary in order to
361adequately address urban fertilizer contributions to nonpoint
362source nutrient loading to a water body. In any such instance,
363the comprehensive program must be scientifically based and
364economically and technically feasible. The comprehensive program
365may include, but is not limited to:
366     1.  Nonpoint source activities adopted as part of a basin
367management plan developed pursuant to s. 403.067(7);
368     2.  Adoption of Florida-friendly landscaping requirements,
369as provided in s. 373.185, into the local government's
370development code; and
371     3.  The requirement for and enforcement of the
372implementation of low-impact development practices; or
373     (b)  The local government documents in the public record
374the need for more stringent standards, including the
375scientifically documented impairment of waters within the local
376government's jurisdiction by nutrient enrichment due to
377landforms, soils, hydrology, climate, or geology.
378     (5)  If the local government proposes more stringent
379standards, it must document documents that it has requested and
380considered all relevant scientific information, including input
381from the department, the institute, the Department of
382Agriculture and Consumer Services, and the University of
383Florida's Florida Institute of Food and Agricultural Sciences,
384if provided, on the need for additional or more stringent
385provisions to address fertilizer use as a contributor to water
386quality degradation. All documentation must become part of the
387public record before adoption of the additional or more
388stringent criteria.
389     (6)(3)  Any county or municipal government that adopted its
390own fertilizer use ordinance before January 1, 2009, is exempt
391from this section. Ordinances adopted or amended on or after
392January 1, 2009, must substantively conform to the most recent
393version of the model fertilizer ordinance and are subject to
394subsections (2)-(5) (1) and (2), as applicable.
395     (7)  A fertilizer ordinance adopted by a county or
396municipal government may not prohibit an individual certified
397pursuant to s. 482.1562 from applying fertilizer during any
398specified period of the calendar year. However, a county or
399municipal government may require a certified applicator to
400perform a soil test or leaf tissue analysis to demonstrate the
401need for nutrient application during any specified period of the
402calendar year when the use of fertilizer is restricted or
403prohibited by local ordinance. Notwithstanding subsection (6), a
404county or municipal government exempt from this section pursuant
405to subsection (6) remains exempt if it amends its fertilizer
406ordinance on or after January 1, 2009, to comply with this
408     (8)(4)  This section does not apply to the use of
410     (a)  On farm operations as defined in s. 823.14; or
411     (b)  On lands classified as agricultural lands pursuant to
412s. 193.461; or
413     (c)  On any lands used for scientific research, including,
414but not limited to, research on the effects of fertilizer use on
415urban stormwater, water quality, agronomics, or horticulture.
416     Section 7.  Subsection (3) is added to section 487.163,
417Florida Statutes, to read:
418     487.163  Information; interagency cooperation.-
419     (3)  The department shall enter into an agreement with the
420Department of Environmental Protection to ensure that pesticides
421applied to waters of the state are regulated uniformly,
422including provisions for the coordination of agency staff and
423resources, through the implementation of permitting, compliance,
424and enforcement activities under ss. 403.088 and 403.0885.
425     Section 8.  Subsection (1) of section 493.6102, Florida
426Statutes, is amended to read:
427     493.6102  Inapplicability of this chapter.-This chapter
428shall not apply to:
429     (1)  Any individual who is an "officer" as defined in s.
430943.10(14), or is a law enforcement officer of the United States
431Government, while the such local, state, or federal officer is
432engaged in her or his official duties or, if approved by the
433officer's supervisors, when performing off-duty activities as a
434security officer activities approved by her or his superiors.
435     Section 9.  Section 493.6105, Florida Statutes, is amended
436to read:
437     493.6105  Initial application for license.-
438     (1)  Each individual, partner, or principal officer in a
439corporation, shall file with the department a complete
440application accompanied by an application fee not to exceed $60,
441except that the applicant for a Class "D" or Class "G" license
442is shall not be required to submit an application fee. The
443application fee is shall not be refundable.
444     (a)  The application submitted by any individual, partner,
445or corporate officer must shall be approved by the department
446before the prior to that individual, partner, or corporate
447officer assumes assuming his or her duties.
448     (b)  Individuals who invest in the ownership of a licensed
449agency, but do not participate in, direct, or control the
450operations of the agency are shall not be required to file an
452     (2)  Each application must shall be signed and verified by
453the individual under oath as provided in s. 92.525 and shall be
455     (3)  The application must shall contain the following
456information concerning the individual signing the application
458     (a)  Name and any aliases.
459     (b)  Age and date of birth.
460     (c)  Place of birth.
461     (d)  Social security number or alien registration number,
462whichever is applicable.
463     (e)  Current Present residence address and his or her
464residence addresses within the 5 years immediately preceding the
465submission of the application.
466     (f)  Occupations held presently and within the 5 years
467immediately preceding the submission of the application.
468     (f)(g)  A statement of all criminal convictions, findings
469of guilt, and pleas of guilty or nolo contendere, regardless of
470adjudication of guilt.
471     (g)  One passport-type color photograph taken within the 6
472months immediately preceding submission of the application.
473     (h)  A statement whether he or she has ever been
474adjudicated incompetent under chapter 744.
475     (i)  A statement whether he or she has ever been committed
476to a mental institution under chapter 394.
477     (j)  A full set of fingerprints on a card provided by the
478department and a fingerprint fee to be established by rule of
479the department based upon costs determined by state and federal
480agency charges and department processing costs. An applicant who
481has, within the immediately preceding 6 months, submitted a
482fingerprint card and fee for licensing purposes under this
483chapter shall not be required to submit another fingerprint card
484or fee.
485     (k)  A personal inquiry waiver which allows the department
486to conduct necessary investigations to satisfy the requirements
487of this chapter.
488     (l)  Such further facts as may be required by the
489department to show that the individual signing the application
490is of good moral character and qualified by experience and
491training to satisfy the requirements of this chapter.
492     (4)  In addition to the application requirements outlined
493in subsection (3), the applicant for a Class "C," Class "CC,"
494Class "E," Class "EE," or Class "G" license shall submit two
495color photographs taken within the 6 months immediately
496preceding the submission of the application, which meet
497specifications prescribed by rule of the department. All other
498applicants shall submit one photograph taken within the 6 months
499immediately preceding the submission of the application.
500     (4)(5)  In addition to the application requirements
501outlined under subsection (3), the applicant for a Class "C,"
502Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
503license shall include a statement on a form provided by the
504department of the experience which he or she believes will
505qualify him or her for such license.
506     (5)(6)  In addition to the requirements outlined in
507subsection (3), an applicant for a Class "G" license shall
508satisfy minimum training criteria for firearms established by
509rule of the department, which training criteria shall include,
510but is not limited to, 28 hours of range and classroom training
511taught and administered by a Class "K" licensee; however, no
512more than 8 hours of such training shall consist of range
513training. If the applicant can show proof that he or she is an
514active law enforcement officer currently certified under the
515Criminal Justice Standards and Training Commission or has
516completed the training required for that certification within
517the last 12 months, or if the applicant submits one of the
518certificates specified in paragraph (6)(a) (7)(a), the
519department may waive the foregoing firearms training
521     (6)(7)  In addition to the requirements under subsection
522(3), an applicant for a Class "K" license shall:
523     (a)  Submit one of the following certificates:
524     1.  The Florida Criminal Justice Standards and Training
525Commission Firearms Instructor's Certificate and confirmation by
526the commission that the applicant is authorized to provide
527firearms instruction.
528     2.  The National Rifle Association Law Enforcement Police
529Firearms Instructor's Certificate.
530     3.  The National Rifle Association Security Firearms
531Instructor's Certificate.
532     3.4.  A firearms instructor's training certificate issued
533by any branch of the United States Armed Forces, from a federal
534law enforcement academy or agency, state, county, or a law
535enforcement municipal police academy or agency in this state
536recognized as such by the Criminal Justice Standards and
537Training Commission or by the Department of Education.
538     (b)  Pay the fee for and pass an examination administered
539by the department which shall be based upon, but is not
540necessarily limited to, a firearms instruction manual provided
541by the department.
542     (7)(8)  In addition to the application requirements for
543individuals, partners, or officers outlined under subsection
544(3), the application for an agency license shall contain the
545following information:
546     (a)  The proposed name under which the agency intends to
548     (b)  The street address, mailing address, and telephone
549numbers of the principal location at which business is to be
550conducted in this state.
551     (c)  The street address, mailing address, and telephone
552numbers of all branch offices within this state.
553     (d)  The names and titles of all partners or, in the case
554of a corporation, the names and titles of its principal
556     (8)(9)  Upon submission of a complete application, a Class
557"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
558Class "MA," Class "MB," or Class "MR" applicant may commence
559employment or appropriate duties for a licensed agency or branch
560office. However, the Class "C" or Class "E" applicant must work
561under the direction and control of a sponsoring licensee while
562his or her application is being processed. If the department
563denies application for licensure, the employment of the
564applicant must be terminated immediately, unless he or she
565performs only unregulated duties.
566     Section 10.  Paragraph (f) of subsection (1) and paragraph
567(a) of subsection (2) of section 493.6106, Florida Statutes, are
568amended, and paragraph (g) is added to subsection (1) of that
569section, to read:
570     493.6106  License requirements; posting.-
571     (1)  Each individual licensed by the department must:
572     (f)  Be a citizen or permanent legal resident alien of the
573United States or have appropriate been granted authorization
574issued to seek employment in this country by the United States
575Bureau of Citizenship and Immigration Services of the United
576States Department of Homeland Security.
577     1.  An applicant for a Class "C," Class "CC," Class "D,"
578Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
579"MB," Class "MR," or Class "RI" license who is not a United
580States citizen must submit proof of current employment
581authorization issued by the United States Bureau of Citizenship
582and Immigration Services or proof that she or he is deemed a
583permanent legal resident alien by the United States Bureau of
584Citizenship and Immigration Services.
585     2.  An applicant for a Class "G" or Class "K" license who
586is not a United States citizen must submit proof that she or he
587is deemed a permanent legal resident alien by the United States
588Bureau of Citizenship and Immigration Services, together with
589additional documentation establishing that she or he has resided
590in the state of residence shown on the application for at least
59190 consecutive days before the date that the application is
593     3.  An applicant for an agency or school license who is not
594a United States citizen or permanent legal resident alien must
595submit documentation issued by the United States Bureau of
596Citizenship and Immigration Services stating that she or he is
597lawfully in the United States and is authorized to own and
598operate the type of agency or school for which she or he is
599applying. An employment authorization card issued by the United
600States Bureau of Citizenship and Immigration Services is not
601sufficient documentation.
602     (g)  Not be prohibited from purchasing or possessing a
603firearm by state or federal law if the individual is applying
604for a Class "G" license or a Class "K" license.
605     (2)  Each agency shall have a minimum of one physical
606location within this state from which the normal business of the
607agency is conducted, and this location shall be considered the
608primary office for that agency in this state.
609     (a)  If an agency or branch office desires to change the
610physical location of the business, as it appears on the agency
611license, the department must be notified within 10 days of the
612change, and, except upon renewal, the fee prescribed in s.
613493.6107 must be submitted for each license requiring revision.
614Each license requiring revision must be returned with such
616     Section 11.  Subsection (3) of section 493.6107, Florida
617Statutes, is amended to read:
618     493.6107  Fees.-
619     (3)  The fees set forth in this section must be paid by
620certified check or money order or, at the discretion of the
621department, by agency check at the time the application is
622approved, except that the applicant for a Class "G" or Class "M"
623license must pay the license fee at the time the application is
624made. If a license is revoked or denied or if the application is
625withdrawn, the license fee shall not be refunded.
626     Section 12.  Paragraph (a) of subsection (1) and subsection
627(3) of section 493.6108, Florida Statutes, are amended to read:
628     493.6108  Investigation of applicants by Department of
629Agriculture and Consumer Services.-
630     (1)  Except as otherwise provided, prior to the issuance of
631a license under this chapter, the department shall make an
632investigation of the applicant for a license. The investigation
633shall include:
634     (a)1.  An examination of fingerprint records and police
635records. When a criminal history analysis of any applicant under
636this chapter is performed by means of fingerprint card
637identification, the time limitations prescribed by s. 120.60(1)
638shall be tolled during the time the applicant's fingerprint card
639is under review by the Department of Law Enforcement or the
640United States Department of Justice, Federal Bureau of
642     2.  If a legible set of fingerprints, as determined by the
643Department of Law Enforcement or the Federal Bureau of
644Investigation, cannot be obtained after two attempts, the
645Department of Agriculture and Consumer Services may determine
646the applicant's eligibility based upon a criminal history record
647check under the applicant's name conducted by the Department of
648Law Enforcement if the and the Federal Bureau of Investigation.
649A set of fingerprints are taken by a law enforcement agency or
650the department and the applicant submits a written statement
651signed by the fingerprint technician or a licensed physician
652stating that there is a physical condition that precludes
653obtaining a legible set of fingerprints or that the fingerprints
654taken are the best that can be obtained is sufficient to meet
655this requirement.
656     (3)  The department shall also investigate the mental
657history and current mental and emotional fitness of any Class
658"G" or Class "K" applicant, and may deny a Class "G" or Class
659"K" license to anyone who has a history of mental illness or
660drug or alcohol abuse.
661     Section 13.  Subsection (4) of section 493.6111, Florida
662Statutes, is amended to read:
663     493.6111  License; contents; identification card.-
664     (4)  Notwithstanding the existence of a valid Florida
665corporate registration, an no agency or school licensee may not
666conduct activities regulated under this chapter under any
667fictitious name without prior written authorization from the
668department to use that name in the conduct of activities
669regulated under this chapter. The department may not authorize
670the use of a name which is so similar to that of a public
671officer or agency, or of that used by another licensee, that the
672public may be confused or misled thereby. The authorization for
673the use of a fictitious name shall require, as a condition
674precedent to the use of such name, the filing of a certificate
675of engaging in business under a fictitious name under s. 865.09.
676A No licensee may not shall be permitted to conduct business
677under more than one fictitious name except as separately
678licensed nor shall the license be valid to protect any licensee
679who is engaged in the business under any name other than that
680specified in the license. An agency desiring to change its
681licensed name shall notify the department and, except upon
682renewal, pay a fee not to exceed $30 for each license requiring
683revision including those of all licensed employees except Class
684"D" or Class "G" licensees. Upon the return of such licenses to
685the department, revised licenses shall be provided.
686     Section 14.  Subsection (2) and paragraph (a) of subsection
687(3) of section 493.6113, Florida Statutes, are amended to read:
688     493.6113  Renewal application for licensure.-
689     (2)  At least No less than 90 days before prior to the
690expiration date of the license, the department shall mail a
691written notice to the last known mailing residence address of
692the licensee for individual licensees and to the last known
693agency address for agencies.
694     (3)  Each licensee shall be responsible for renewing his or
695her license on or before its expiration by filing with the
696department an application for renewal accompanied by payment of
697the prescribed license fee.
698     (a)  Each Class "B" Class "A," Class "B," or Class "R"
699licensee shall additionally submit on a form prescribed by the
700department a certification of insurance which evidences that the
701licensee maintains coverage as required under s. 493.6110.
702     Section 15.  Subsection (8), paragraph (d) of subsection
703(12), and subsection (16) of section 493.6115, Florida Statutes,
704are amended to read:
705     493.6115  Weapons and firearms.-
706     (8)  A Class "G" applicant must satisfy the minimum
707training criteria as set forth in s. 493.6105(5)(6) and as
708established by rule of the department.
709     (12)  The department may issue a temporary Class "G"
710license, on a case-by-case basis, if:
711     (d)  The applicant has received approval from the
712department subsequent to its conduct of a criminal history
713record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
714     (16)  If the criminal history record check program
715referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
716department may issue a temporary "G" license on a case-by-case
717basis, provided that the applicant has met all statutory
718requirements for the issuance of a temporary "G" license as
719specified in subsection (12), excepting the criminal history
720record check stipulated there; provided, that the department
721requires that the licensed employer of the applicant conduct a
722criminal history record check of the applicant pursuant to
723standards set forth in rule by the department, and provide to
724the department an affidavit containing such information and
725statements as required by the department, including a statement
726that the criminal history record check did not indicate the
727existence of any criminal history that would prohibit licensure.
728Failure to properly conduct such a check, or knowingly providing
729incorrect or misleading information or statements in the
730affidavit shall constitute grounds for disciplinary action
731against the licensed agency, including revocation of license.
732     Section 16.  Paragraph (u) of subsection (1) of section
733493.6118, Florida Statutes, is redesignated as paragraph (v) and
734amended, and a new paragraph (u) is added to that subsection, to
736     493.6118  Grounds for disciplinary action.-
737     (1)  The following constitute grounds for which
738disciplinary action specified in subsection (2) may be taken by
739the department against any licensee, agency, or applicant
740regulated by this chapter, or any unlicensed person engaged in
741activities regulated under this chapter.
742     (u)  For a Class "G" or a Class "K" applicant or licensee,
743being prohibited from purchasing or possessing a firearm by
744state or federal law.
745     (v)(u)  In addition to the grounds for disciplinary action
746prescribed in paragraphs (a)-(u) (a)-(t), Class "R" recovery
747agencies, Class "E" recovery agents, and Class "EE" recovery
748agent interns are prohibited from committing the following acts:
749     1.  Recovering a motor vehicle, mobile home, motorboat,
750aircraft, personal watercraft, all-terrain vehicle, farm
751equipment, or industrial equipment that has been sold under a
752conditional sales agreement or under the terms of a chattel
753mortgage before authorization has been received from the legal
754owner or mortgagee.
755     2.  Charging for expenses not actually incurred in
756connection with the recovery, transportation, storage, or
757disposal of repossessed property or personal property obtained
758in a repossession.
759     3.  Using any repossessed property or personal property
760obtained in a repossession for the personal benefit of a
761licensee or an officer, director, partner, manager, or employee
762of a licensee.
763     4.  Selling property recovered under the provisions of this
764chapter, except with written authorization from the legal owner
765or the mortgagee thereof.
766     5.  Failing to notify the police or sheriff's department of
767the jurisdiction in which the repossessed property is recovered
768within 2 hours after recovery.
769     6.  Failing to remit moneys collected in lieu of recovery
770of a motor vehicle, mobile home, motorboat, aircraft, personal
771watercraft, all-terrain vehicle, farm equipment, or industrial
772equipment to the client within 10 working days.
773     7.  Failing to deliver to the client a negotiable
774instrument that is payable to the client, within 10 working days
775after receipt of such instrument.
776     8.  Falsifying, altering, or failing to maintain any
777required inventory or records regarding disposal of personal
778property contained in or on repossessed property pursuant to s.
780     9.  Carrying any weapon or firearm when he or she is on
781private property and performing duties under his or her license
782whether or not he or she is licensed pursuant to s. 790.06.
783     10.  Soliciting from the legal owner the recovery of
784property subject to repossession after such property has been
785seen or located on public or private property if the amount
786charged or requested for such recovery is more than the amount
787normally charged for such a recovery.
788     11.  Wearing, presenting, or displaying a badge in the
789course of performing a repossession regulated by this chapter.
790     Section 17.  Subsections (7) and (8) of section 493.6121,
791Florida Statutes, are renumbered as subsections (6) and (7),
792respectively, and present subsection (6) of that section is
793amended, to read:
794     493.6121  Enforcement; investigation.-
795     (6)  The department shall be provided access to the program
796that is operated by the Department of Law Enforcement, pursuant
797to s. 790.065, for providing criminal history record information
798to licensed gun dealers, manufacturers, and exporters. The
799department may make inquiries, and shall receive responses in
800the same fashion as provided under s. 790.065. The department
801shall be responsible for payment to the Department of Law
802Enforcement of the same fees as charged to others afforded
803access to the program.
804     Section 18.  Subsection (3) of section 493.6202, Florida
805Statutes, is amended to read:
806     493.6202  Fees.-
807     (3)  The fees set forth in this section must be paid by
808certified check or money order or, at the discretion of the
809department, by agency check at the time the application is
810approved, except that the applicant for a Class "G," Class "C,"
811Class "CC," Class "M," or Class "MA" license must pay the
812license fee at the time the application is made. If a license is
813revoked or denied or if the application is withdrawn, the
814license fee shall not be refunded.
815     Section 19.  Subsections (2), (4), and (6) of section
816493.6203, Florida Statutes, are amended to read:
817     493.6203  License requirements.-In addition to the license
818requirements set forth elsewhere in this chapter, each
819individual or agency shall comply with the following additional
821     (2)  An applicant for a Class "MA" license shall have 2
822years of lawfully gained, verifiable, full-time experience, or
823training in:
824     (a)  Private investigative work or related fields of work
825that provided equivalent experience or training;
826     (b)  Work as a Class "CC" licensed intern;
827     (c)  Any combination of paragraphs (a) and (b);
828     (d)  Experience described in paragraph (a) for 1 year and
829experience described in paragraph (e) for 1 year;
830     (e)  No more than 1 year using:
831     1.  College coursework related to criminal justice,
832criminology, or law enforcement administration; or
833     2.  Successfully completed law enforcement-related training
834received from any federal, state, county, or municipal agency;
836     (f)  Experience described in paragraph (a) for 1 year and
837work in a managerial or supervisory capacity for 1 year.
839However, experience in performing bodyguard services is not
840creditable toward the requirements of this subsection.
841     (4)  An applicant for a Class "C" license shall have 2
842years of lawfully gained, verifiable, full-time experience, or
843training in one, or a combination of more than one, of the
845     (a)  Private investigative work or related fields of work
846that provided equivalent experience or training.
847     (b)  College coursework related to criminal justice,
848criminology, or law enforcement administration, or successful
849completion of any law enforcement-related training received from
850any federal, state, county, or municipal agency, except that no
851more than 1 year may be used from this category.
852     (c)  Work as a Class "CC" licensed intern.
854However, experience in performing bodyguard services is not
855creditable toward the requirements of this subsection.
856     (6)(a)  A Class "CC" licensee shall serve an internship
857under the direction and control of a designated sponsor, who is
858a Class "C," Class "MA," or Class "M" licensee.
859     (b)  Effective July 1, 2010 September 1, 2008, before
860submission of an application to the department, the an applicant
861for a Class "CC" license must have completed a minimum of 40 at
862least 24 hours of professional training a 40-hour course
863pertaining to general investigative techniques and this chapter,
864which course is offered by a state university or by a school,
865community college, college, or university under the purview of
866the Department of Education, and the applicant must pass an
867examination. The training must be provided in two parts, one 24-
868hour course and one 16-hour course. The certificate evidencing
869satisfactory completion of the 40 at least 24 hours of
870professional training a 40-hour course must be submitted with
871the application for a Class "CC" license. The remaining 16 hours
872must be completed and an examination passed within 180 days. If
873documentation of completion of the required training is not
874submitted within the specified timeframe, the individual's
875license is automatically suspended or his or her authority to
876work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
877until such time as proof of certificate of completion is
878provided to the department. The training course specified in
879this paragraph may be provided by face-to-face presentation,
880online technology, or a home study course in accordance with
881rules and procedures of the Department of Education. The
882administrator of the examination must verify the identity of
883each applicant taking the examination.
884     1.  Upon an applicant's successful completion of each part
885of the approved training course and passage of any required
886examination, the school, community college, college, or
887university shall issue a certificate of completion to the
888applicant. The certificates must be on a form established by
889rule of the department.
890     2.  The department shall establish by rule the general
891content of the professional training course and the examination
893     3.  If the license of an applicant for relicensure is has
894been invalid for more than 1 year, the applicant must complete
895the required training and pass any required examination.
896     (c)  An individual who submits an application for a Class
897"CC" license on or after September 1, 2008, through June 30,
8982010, who has not completed the 16-hour course must submit proof
899of successful completion of the course within 180 days after the
900date the application is submitted. If documentation of
901completion of the required training is not submitted by that
902date, the individual's license is automatically suspended until
903proof of the required training is submitted to the department.
904An individual licensed on or before August 31, 2008, is not
905required to complete additional training hours in order to renew
906an active license beyond the required total amount of training,
907and within the timeframe, in effect at the time he or she was
909     Section 20.  Subsection (3) of section 493.6302, Florida
910Statutes, is amended to read:
911     493.6302  Fees.-
912     (3)  The fees set forth in this section must be paid by
913certified check or money order or, at the discretion of the
914department, by agency check at the time the application is
915approved, except that the applicant for a Class "D," Class "G,"
916Class "M," or Class "MB" license must pay the license fee at the
917time the application is made. If a license is revoked or denied
918or if the application is withdrawn, the license fee shall not be
920     Section 21.  Subsection (4) of section 493.6303, Florida
921Statutes, is amended to read:
922     493.6303  License requirements.-In addition to the license
923requirements set forth elsewhere in this chapter, each
924individual or agency shall comply with the following additional
926     (4)(a)  Effective July 1, 2010, an applicant for a Class
927"D" license must submit proof of successful completion of
928complete a minimum of 40 hours of professional training at a
929school or training facility licensed by the department. The
930training must be provided in two parts, one 24-hour course and
931one 16-hour course. The department shall by rule establish the
932general content and number of hours of each subject area to be
934     (b)  An individual who submits an application for a Class
935"D" license on or after January 1, 2007, through June 30, 2010,
936who has not completed the 16-hour course must submit proof of
937successful completion of the course within 180 days after the
938date the application is submitted. If documentation of
939completion of the required training is not submitted by that
940date, the individual's license is automatically suspended until
941proof of the required training is submitted to the department.
942This section does not require a person licensed before January
9431, 2007, to complete additional training hours in order to renew
944an active license beyond the required total amount of training
945within the timeframe prescribed by law at the time he or she was
946licensed. An applicant may fulfill the training requirement
947prescribed in paragraph (a) by submitting proof of:
948     1.  Successful completion of the total number of required
949hours of training before initial application for a Class "D"
950license; or
951     2.  Successful completion of 24 hours of training before
952initial application for a Class "D" license and successful
953completion of the remaining 16 hours of training within 180 days
954after the date that the application is submitted. If
955documentation of completion of the required training is not
956submitted within the specified timeframe, the individual's
957license is automatically suspended until such time as proof of
958the required training is provided to the department.
959     (c)  An individual However, any person whose license is
960suspended or has been revoked, suspended pursuant to paragraph
961(b) subparagraph 2., or is expired for at least 1 year, or
962longer is considered, upon reapplication for a license, an
963initial applicant and must submit proof of successful completion
964of 40 hours of professional training at a school or training
965facility licensed by the department as provided prescribed in
966paragraph (a) before a license is will be issued. Any person
967whose license was issued before January 1, 2007, and whose
968license has been expired for less than 1 year must, upon
969reapplication for a license, submit documentation of completion
970of the total number of hours of training prescribed by law at
971the time her or his initial license was issued before another
972license will be issued. This subsection does not require an
973individual licensed before January 1, 2007, to complete
974additional training hours in order to renew an active license,
975beyond the required total amount of training within the
976timeframe prescribed by law at the time she or he was licensed.
977     Section 22.  Subsection (2) of section 493.6304, Florida
978Statutes, is amended to read:
979     493.6304  Security officer school or training facility.-
980     (2)  The application shall be signed and verified by the
981applicant under oath as provided in s. 92.525 notarized and
982shall contain, at a minimum, the following information:
983     (a)  The name and address of the school or training
984facility and, if the applicant is an individual, her or his
985name, address, and social security or alien registration number.
986     (b)  The street address of the place at which the training
987is to be conducted.
988     (c)  A copy of the training curriculum and final
989examination to be administered.
990     Section 23.  Subsections (7) and (8) of section 493.6401,
991Florida Statutes, are amended to read:
992     493.6401  Classes of licenses.-
993     (7)  Any person who operates a recovery agent repossessor
994school or training facility or who conducts an Internet-based
995training course or a correspondence training course must have a
996Class "RS" license.
997     (8)  Any individual who teaches or instructs at a Class
998"RS" recovery agent repossessor school or training facility
999shall have a Class "RI" license.
1000     Section 24.  Paragraphs (f) and (g) of subsection (1) and
1001subsection (3) of section 493.6402, Florida Statutes, are
1002amended to read:
1003     493.6402  Fees.-
1004     (1)  The department shall establish by rule biennial
1005license fees which shall not exceed the following:
1006     (f)  Class "RS" license-recovery agent repossessor school
1007or training facility: $60.
1008     (g)  Class "RI" license-recovery agent repossessor school
1009or training facility instructor: $60.
1010     (3)  The fees set forth in this section must be paid by
1011certified check or money order, or, at the discretion of the
1012department, by agency check at the time the application is
1013approved, except that the applicant for a Class "E," Class "EE,"
1014or Class "MR" license must pay the license fee at the time the
1015application is made. If a license is revoked or denied, or if an
1016application is withdrawn, the license fee shall not be refunded.
1017     Section 25.  Subsections (1) and (2) of section 493.6406,
1018Florida Statutes, are amended to read:
1019     493.6406  Recovery agent Repossession services school or
1020training facility.-
1021     (1)  Any school, training facility, or instructor who
1022offers the training outlined in s. 493.6403(2) for Class "E" or
1023Class "EE" applicants shall, before licensure of such school,
1024training facility, or instructor, file with the department an
1025application accompanied by an application fee in an amount to be
1026determined by rule, not to exceed $60. The fee shall not be
1027refundable. This training may be offered as face-to-face
1028training, Internet-based training, or correspondence training.
1029     (2)  The application shall be signed and verified by the
1030applicant under oath as provided in s. 92.525 notarized and
1031shall contain, at a minimum, the following information:
1032     (a)  The name and address of the school or training
1033facility and, if the applicant is an individual, his or her
1034name, address, and social security or alien registration number.
1035     (b)  The street address of the place at which the training
1036is to be conducted or the street address of the Class "RS"
1037school offering Internet-based or correspondence training.
1038     (c)  A copy of the training curriculum and final
1039examination to be administered.
1040     Section 26.  Subsection (1) of section 500.033, Florida
1041Statutes, is amended to read:
1042     500.033  Florida Food Safety and Food Defense Advisory
1044     (1)  There is created the Florida Food Safety and Food
1045Defense Advisory Council for the purpose of serving as a forum
1046for presenting, investigating, and evaluating issues of current
1047importance to the assurance of a safe and secure food supply to
1048the citizens of Florida. The Florida Food Safety and Food
1049Defense Advisory Council shall consist of, but not be limited
1050to: the Commissioner of Agriculture or his or her designee; the
1051State Surgeon General or his or her designee; the Secretary of
1052Business and Professional Regulation or his or her designee; the
1053person responsible for domestic security with the Department of
1054Law Enforcement; members representing the production,
1055processing, distribution, and sale of foods; members
1056representing small farmers; consumers or members of citizens
1057groups; representatives of food industry groups; scientists or
1058other experts in aspects of food safety from state universities;
1059representatives from local, state, and federal agencies that are
1060charged with responsibilities for food safety or food defense;
1061the chairs of the Agriculture Committees of the Senate and the
1062House of Representatives or their designees; and the chairs of
1063the committees of the Senate and the House of Representatives
1064with jurisdictional oversight of home defense issues or their
1065designees. The Commissioner of Agriculture shall appoint the
1066remaining members. The council shall make periodic reports to
1067the Department of Agriculture and Consumer Services concerning
1068findings and recommendations in the area of food safety and food
1070     Section 27.  Paragraph (a) of subsection (2) of section
1071501.605, Florida Statutes, is amended to read:
1072     501.605  Licensure of commercial telephone sellers.-
1073     (2)  An applicant for a license as a commercial telephone
1074seller must submit to the department, in such form as it
1075prescribes, a written application for the license. The
1076application must set forth the following information:
1077     (a)  The true name, date of birth, driver's license number,
1078social security number, and home address of the applicant,
1079including each name under which he or she intends to do
1082The application shall be accompanied by a copy of any: Script,
1083outline, or presentation the applicant will require or suggest a
1084salesperson to use when soliciting, or, if no such document is
1085used, a statement to that effect; sales information or
1086literature to be provided by the applicant to a salesperson; and
1087sales information or literature to be provided by the applicant
1088to a purchaser in connection with any solicitation.
1089     Section 28.  Paragraph (a) of subsection (1) of section
1090501.607, Florida Statutes, is amended to read:
1091     501.607  Licensure of salespersons.-
1092     (1)  An applicant for a license as a salesperson must
1093submit to the department, in such form as it prescribes, a
1094written application for a license. The application must set
1095forth the following information:
1096     (a)  The true name, date of birth, driver's license number,
1097social security number, and home address of the applicant.
1098     Section 29.  Subsection (2) of section 501.913, Florida
1099Statutes, is amended to read:
1100     501.913  Registration.-
1101     (2)  The completed application shall be accompanied by:
1102     (a)  Specimens or facsimiles of the label for each brand of
1104     (b)  An application fee of $200 for each brand; and
1105     (c)  A properly labeled sample of at least 1 gallon, but
1106not more than 2 gallons, of each brand of antifreeze.
1107     Section 30.  Subsection (2) of section 525.01, Florida
1108Statutes, is amended to read:
1109     525.01  Gasoline and oil to be inspected.-
1110     (2)  All petroleum fuels are shall be subject to inspection
1111and analysis by the department. Before selling or offering for
1112sale in this state any petroleum fuel, all manufacturers,
1113terminal suppliers, wholesalers, and importers as defined in s.
1114206.01 jobbers shall file with the department:
1115     (a)  An affidavit that they desire to do business in this
1116state, and the name and address of the manufacturer of the
1117petroleum fuel.
1118     (b)  An affidavit stating that the petroleum fuel is in
1119conformity with the standards prescribed by department rule.
1120     Section 31.  Subsections (1) and (3) of section 525.09,
1121Florida Statutes, are amended to read:
1122     525.09  Inspection fee.-
1123     (1)  For the purpose of defraying the expenses incident to
1124inspecting, testing, and analyzing petroleum fuels in this
1125state, there shall be paid to the department a charge of one-
1126eighth cent per gallon on all gasoline, alternative fuel
1127containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
1128kerosene (except when used as aviation turbine fuel), and #1
1129fuel oil for sale or use in this state. This inspection fee
1130shall be imposed in the same manner as the motor fuel tax
1131pursuant to s. 206.41. Payment shall be made on or before the
113225th day of each month.
1133     (3)  All remittances to the department for the inspection
1134tax herein provided shall be accompanied by a detailed report
1135under oath showing the number of gallons of gasoline,
1136alternative fuel containing alcohol as defined in s.
1137525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
1138in each county.
1139     Section 32.  Section 526.50, Florida Statutes, is amended
1140to read:
1141     526.50  Definition of terms.-As used in this part:
1142     (1)  "Brake fluid" means the fluid intended for use as the
1143liquid medium through which force is transmitted in the
1144hydraulic brake system of a vehicle operated upon the highways.
1145     (2)  "Brand" means the product name appearing on the label
1146of a container of brake fluid.
1147     (3)(5)  "Container" means any receptacle in which brake
1148fluid is immediately contained when sold, but does not mean a
1149carton or wrapping in which a number of such receptacles are
1150shipped or stored or a tank car or truck.
1151     (4)(2)  "Department" means the Department of Agriculture
1152and Consumer Services.
1153     (5)  "Formula" means the name of the chemical mixture or
1154composition of the brake fluid product.
1155     (6)(4)  "Labeling" includes all written, printed or graphic
1156representations, in any form whatsoever, imprinted upon or
1157affixed to any container of brake fluid.
1158     (7)(6)  "Permit year" means a period of 12 months
1159commencing July 1 and ending on the next succeeding June 30.
1160     (8)(7)  "Registrant" means any manufacturer, packer,
1161distributor, seller, or other person who has registered a brake
1162fluid with the department.
1163     (9)(3)  "Sell" includes give, distribute, barter, exchange,
1164trade, keep for sale, offer for sale or expose for sale, in any
1165of their variant forms.
1166     Section 33.  Paragraph (a) of subsection (1) of section
1167526.51, Florida Statutes, is amended to read:
1168     526.51  Registration; renewal and fees; departmental
1169expenses; cancellation or refusal to issue or renew.-
1170     (1)(a)  Application for registration of each brand of brake
1171fluid shall be made on forms to be supplied by the department.
1172The applicant shall give his or her name and address and the
1173brand name of the brake fluid, state that he or she owns the
1174brand name and has complete control over the product sold
1175thereunder in Florida, and provide the name and address of the
1176resident agent in Florida. If the applicant does not own the
1177brand name but wishes to register the product with the
1178department, a notarized affidavit that gives the applicant full
1179authorization to register the brand name and that is signed by
1180the owner of the brand name must accompany the application for
1181registration. The affidavit must include all affected brand
1182names, the owner's company or corporate name and address, the
1183applicant's company or corporate name and address, and a
1184statement from the owner authorizing the applicant to register
1185the product with the department. The owner of the brand name
1186shall maintain complete control over each product sold under
1187that brand name in this state. All first-time brand-formula
1188combination new product applications must be accompanied by a
1189certified report from an independent testing laboratory, setting
1190forth the analysis of the brake fluid which shall show its
1191quality to be not less than the specifications established by
1192the department for brake fluids. A sample of not less than 24
1193fluid ounces of brake fluid shall be submitted, in a container
1194or containers, with labels representing exactly how the
1195containers of brake fluid will be labeled when sold, and the
1196sample and container shall be analyzed and inspected by the
1197Division of Standards in order that compliance with the
1198department's specifications and labeling requirements may be
1199verified. Upon approval of the application, the department shall
1200register the brand name of the brake fluid and issue to the
1201applicant a permit authorizing the registrant to sell the brake
1202fluid in this state during the permit year specified in the
1204     Section 34.  Paragraph (a) of subsection (3) of section
1205526.52, Florida Statutes, is amended to read:
1206     526.52  Specifications; adulteration and misbranding.-
1207     (3)  Brake fluid is deemed to be misbranded:
1208     (a)  If its container does not bear on its side or top a
1209label on which is printed the name and place of business of the
1210registrant of the product, the words "brake fluid," and a
1211statement that the product therein equals or exceeds the minimum
1212specification of the Society of Automotive Engineers for heavy-
1213duty-type brake fluid or equals or exceeds Federal Motor Vehicle
1214Safety Standard No. 116 adopted by the United States Department
1215of Transportation, heavy-duty-type. By regulation the department
1216may require that the duty-type classification appear on the
1218     Section 35.  Subsection (2) of section 526.53, Florida
1219Statutes, is amended to read:
1220     526.53  Enforcement; inspection and analysis, stop-sale and
1221disposition, regulations.-
1222     (2)(a)  When any brake fluid is sold in violation of any of
1223the provisions of this part, all such affected brake fluid of
1224the same brand name on the same premises on which the violation
1225occurred shall be placed under a stop-sale order by the
1226department by serving the owner of the brand name, distributor,
1227or other entity responsible for selling or distributing the
1228product in the state with the stop-sale order. The department
1229shall withdraw its stop-sale order upon the removal of the
1230violation or upon voluntary destruction of the product, or other
1231disposal approved by the department, under the supervision of
1232the department.
1233     (b)  In addition to being subject to the stop-sale
1234procedures above, unregistered brake fluid shall be held by the
1235department or its representative, at a place to be designated in
1236the stop-sale order, until properly registered and released in
1237writing by the department or its representative. If application
1238is has not been made for registration of the such product within
123930 days after issue of the stop-sale order, such product shall
1240be disposed of by the department, or, with the department's
1241consent, by the business, to any tax-supported institution or
1242agency of the state if the brake fluid meets legal
1243specifications or by other disposal authorized by rule of the
1244department if it fails to meet legal specifications.
1245     Section 36.  Subsections (1) and (3) and paragraphs (a) and
1246(c) of subsection (5) of section 527.0201, Florida Statutes, are
1247amended to read:
1248     527.0201  Qualifiers; master qualifiers; examinations.-
1249     (1)  In addition to the requirements of s. 527.02, any
1250person applying for a license to engage in the activities of a
1251pipeline system operator, category I liquefied petroleum gas
1252dealer, category II liquefied petroleum gas dispenser, category
1253IV liquefied petroleum gas dispenser and recreational vehicle
1254servicer, category V liquefied petroleum gases dealer for
1255industrial uses only, LP gas installer, specialty installer,
1256requalifier requalification of cylinders, or fabricator,
1257repairer, and tester of vehicles and cargo tanks must prove
1258competency by passing a written examination administered by the
1259department or its agent with a grade of at least 75 percent in
1260each area tested or above. Each applicant for examination shall
1261submit a $20 nonrefundable fee. The department shall by rule
1262specify the general areas of competency to be covered by each
1263examination and the relative weight to be assigned in grading
1264each area tested.
1265     (3)  Qualifier cards issued to category I liquefied
1266petroleum gas dealers and liquefied petroleum gas installers
1267shall expire 3 years after the date of issuance. All category I
1268liquefied petroleum gas dealer qualifiers and liquefied
1269petroleum gas installer qualifiers holding a valid qualifier
1270card upon the effective date of this act shall retain their
1271qualifier status until July 1, 2003, and may sit for the master
1272qualifier examination at any time during that time period. All
1273such category I liquefied petroleum gas dealer qualifiers and
1274liquefied petroleum gas installer qualifiers may renew their
1275qualification on or before July 1, 2003, upon application to the
1276department, payment of a $20 renewal fee, and documentation of
1277the completion of a minimum of 16 12 hours of approved
1278continuing education courses, as defined by department rule,
1279during the previous 3-year period. Applications for renewal must
1280be made 30 calendar days prior to expiration. Persons failing to
1281renew prior to the expiration date must reapply and take a
1282qualifier competency examination in order to reestablish
1283category I liquefied petroleum gas dealer qualifier and
1284liquefied petroleum gas installer qualifier status. If a
1285category I liquefied petroleum gas qualifier or liquefied
1286petroleum gas installer qualifier becomes a master qualifier at
1287any time during the effective date of the qualifier card, the
1288card shall remain in effect until expiration of the master
1289qualifier certification.
1290     (5)  In addition to all other licensing requirements, each
1291category I liquefied petroleum gas dealer and liquefied
1292petroleum gas installer must, at the time of application for
1293licensure, identify to the department one master qualifier who
1294is a full-time employee at the licensed location. This person
1295shall be a manager, owner, or otherwise primarily responsible
1296for overseeing the operations of the licensed location and must
1297provide documentation to the department as provided by rule. The
1298master qualifier requirement shall be in addition to the
1299requirements of subsection (1).
1300     (a)  In order to apply for certification as a master
1301qualifier, each applicant must be a category I liquefied
1302petroleum gas dealer qualifier or liquefied petroleum gas
1303installer qualifier, must be employed by a licensed category I
1304liquefied petroleum gas dealer, liquefied petroleum gas
1305installer, or applicant for such license, must provide
1306documentation of a minimum of 1 year's work experience in the
1307gas industry, and must pass a master qualifier competency
1308examination. Master qualifier examinations shall be based on
1309Florida's laws, rules, and adopted codes governing liquefied
1310petroleum gas safety, general industry safety standards, and
1311administrative procedures. The examination must be successfully
1312passed completed by the applicant with a grade of at least 75
1313percent or more. Each applicant for master qualifier status
1314shall submit to the department a nonrefundable $30 examination
1315fee prior to the examination.
1316     (c)  Master qualifier status shall expire 3 years after the
1317date of issuance of the certificate and may be renewed by
1318submission to the department of documentation of completion of
1319at least 16 12 hours of approved continuing education courses
1320during the 3-year period; proof of employment with a licensed
1321category I liquefied petroleum gas dealer, liquefied petroleum
1322gas installer, or applicant; and a $30 certificate renewal fee.
1323The department shall define, by rule, approved courses of
1324continuing education.
1325     Section 37.  Section 527.12, Florida Statutes, is amended
1326to read:
1327     527.12  Cease and desist orders; stop-use orders; stop-
1328operation orders; stop-sale orders; administrative fines.-
1329     (1)  Whenever the department has shall have reason to
1330believe that any person is violating or has violated been
1331violating provisions of this chapter or any rules adopted under
1332this chapter pursuant thereto, the department it may issue a
1333cease and desist order, or impose a civil penalty, or do both
1334may issue such cease and desist order and impose a civil
1336     (2)  Whenever a person or liquefied petroleum gas system or
1337storage facility, or any part or component thereof, fails to
1338comply with this chapter or any rules adopted under this
1339chapter, the department may issue a stop-use order, stop-
1340operation order, or stop-sale order.
1341     Section 38.  Subsection (1) of section 559.805, Florida
1342Statutes, is amended to read:
1343     559.805  Filings with the department; disclosure of
1344advertisement identification number.-
1345     (1)  Every seller of a business opportunity shall annually
1346file with the department a copy of the disclosure statement
1347required by s. 559.803 before prior to placing an advertisement
1348or making any other representation designed to offer to, sell
1349to, or solicit an offer to buy a business opportunity from a
1350prospective purchaser in this state and shall update this filing
1351by reporting any material change in the required information
1352within 30 days after the material change occurs. An
1353advertisement is not placed in the state merely because the
1354publisher circulates, or there is circulated on his or her
1355behalf in the state, any bona fide newspaper or other
1356publication of general, regular, and paid circulation which has
1357had more than two-thirds of its circulation during the past 12
1358months outside the state or because a radio or television
1359program originating outside the state is received in the state.
1360If the seller is required by s. 559.807 to provide a bond or
1361establish a trust account or guaranteed letter of credit, he or
1362she shall contemporaneously file with the department a copy of
1363the bond, a copy of the formal notification by the depository
1364that the trust account is established, or a copy of the
1365guaranteed letter of credit. Every seller of a business
1366opportunity shall file with the department a list of independent
1367agents who will engage in the offer or sale of business
1368opportunities on behalf of the seller in this state. This list
1369must be kept current and shall include the following
1370information: name, home and business address, telephone number,
1371present employer, social security number, and birth date. A No
1372person may not shall be allowed to offer or sell business
1373opportunities unless the required information is has been
1374provided to the department.
1375     Section 39.  Subsection (3) of section 559.928, Florida
1376Statutes, is amended to read:
1377     559.928  Registration.-
1378     (3)  Each independent agent shall annually file an
1379affidavit with the department before prior to engaging in
1380business in this state. This affidavit must include the
1381independent agent's full name, legal business or trade name,
1382mailing address, business address, telephone number, social
1383security number, and the name or names and addresses of each
1384seller of travel represented by the independent agent. A letter
1385evidencing proof of filing must be issued by the department and
1386must be prominently displayed in the independent agent's primary
1387place of business. Each independent agent must also submit an
1388annual registration fee of $50. All moneys collected pursuant to
1389the imposition of the fee shall be deposited by the Chief
1390Financial Officer into the General Inspection Trust Fund of the
1391Department of Agriculture and Consumer Services for the sole
1392purpose of administrating this part. As used in this subsection,
1393the term "independent agent" means a person who represents a
1394seller of travel by soliciting persons on its behalf; who has a
1395written contract with a seller of travel which is operating in
1396compliance with this part and any rules adopted thereunder; who
1397does not receive a fee, commission, or other valuable
1398consideration directly from the purchaser for the seller of
1399travel; who does not at any time have any unissued ticket stock
1400or travel documents in his or her possession; and who does not
1401have the ability to issue tickets, vacation certificates, or any
1402other travel document. The term "independent agent" does not
1403include an affiliate of the seller of travel, as that term is
1404used in s. 559.935(3), or the employees of the seller of travel
1405or of such affiliates.
1406     Section 40.  Paragraph (c) of subsection (16) of section
1407570.07, Florida Statutes, is amended to read:
1408     570.07  Department of Agriculture and Consumer Services;
1409functions, powers, and duties.-The department shall have and
1410exercise the following functions, powers, and duties:
1411     (16)  To enforce the state laws and rules relating to:
1412     (c)  Registration, labeling, inspection, sale, and analysis
1413of commercial stock feeds and commercial fertilizers;
1415In order to ensure uniform health and safety standards, the
1416adoption of standards and fines in the subject areas of
1417paragraphs (a)-(n) is expressly preempted to the state and the
1418department. Any local government enforcing the subject areas of
1419paragraphs (a)-(n) must use the standards and fines set forth in
1420the pertinent statutes or any rules adopted by the department
1421pursuant to those statutes.
1422     Section 41.  Subsection (7) of section 570.0725, Florida
1423Statutes, is amended to read:
1424     570.0725  Food recovery; legislative intent; department
1426     (7)  For public information purposes, the department may
1427shall develop and provide a public information brochure
1428detailing the need for food banks and similar of food recovery
1429programs, the benefit of such food recovery programs, the manner
1430in which such organizations may become involved in such food
1431recovery programs, and the protection afforded to such programs
1432under s. 768.136, and the food recovery entities or food banks
1433that exist in the state. This brochure must be updated annually.
1434A food bank or similar food recovery organization seeking to be
1435included on a list of such organizations must notify the
1436department and provide the information required by rule of the
1437department. Such organizations are responsible for updating the
1438information and providing the updated information to the
1439department. The department may adopt rules to implement this
1441     Section 42.  Paragraph (e) of subsection (6) of section
1442570.53, Florida Statutes, is amended to read:
1443     570.53  Division of Marketing and Development; powers and
1444duties.-The powers and duties of the Division of Marketing and
1445Development include, but are not limited to:
1446     (6)
1447     (e)  Extending in every practicable way the distribution
1448and sale of Florida agricultural products throughout the markets
1449of the world as required of the department by s. ss. 570.07(7),
1450(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1451     Section 43.  Subsection (2) of section 570.54, Florida
1452Statutes, is amended to read:
1453     570.54  Director; duties.-
1454     (2)  It shall be the duty of the director of this division
1455to supervise, direct, and coordinate the activities authorized
1456by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1457(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1458chapters 504, 571, 573, and 574 and to exercise other powers and
1459authority as authorized by the department.
1460     Section 44.  Subsection (4) of section 570.55, Florida
1461Statutes, is amended to read:
1462     570.55  Identification of sellers or handlers of tropical
1463or subtropical fruit and vegetables; containers specified;
1465     (4)  IDENTIFICATION OF HANDLER.-At the time of each
1466transaction involving the handling or sale of 55 pounds or more
1467of tropical or subtropical fruit or vegetables in the primary
1468channel of trade, the buyer or receiver of the tropical or
1469subtropical fruit or vegetables shall demand a bill of sale,
1470invoice, sales memorandum, or other document listing the date of
1471the transaction, the quantity of the tropical or subtropical
1472fruit or vegetables involved in the transaction, and the
1473identification of the seller or handler as it appears on the
1474driver's license of the seller or handler, including the
1475driver's license number. If the seller or handler does not
1476possess a driver's license, the buyer or receiver shall use any
1477other acceptable means of identification, which may include, but
1478is not limited to, i.e., voter's registration card and number,
1479draft card, social security card, or other identification.
1480However, no less than two identification documents shall be
1481used. The identification of the seller or handler shall be
1482recorded on the bill of sale, sales memorandum, invoice, or
1483voucher, which shall be retained by the buyer or receiver for a
1484period of not less than 1 year from the date of the transaction.
1485     Section 45.  Subsection (3) of section 570.902, Florida
1486Statutes, is amended to read:
1487     570.902  Definitions; ss. 570.902 and 570.903.-For the
1488purpose of ss. 570.902 and 570.903:
1489     (3)  "Museum" means the Florida Agricultural Museum which
1490is designated as the museum for agriculture and rural history of
1491the State of Florida.
1492     Section 46.  Section 570.903, Florida Statutes, is amended
1493to read:
1494     570.903  Direct-support organization.-
1495     (1)  When the Legislature authorizes the establishment of a
1496direct-support organization to provide assistance for the
1497museums, the Florida Agriculture in the Classroom Program, the
1498Florida State Collection of Arthropods, the Friends of the
1499Florida State Forests Program of the Division of Forestry, and
1500the Forestry Arson Alert Program, and other programs of the
1501department, the following provisions shall govern the creation,
1502use, powers, and duties of the direct-support organization.
1503     (a)  The department shall enter into a memorandum or letter
1504of agreement with the direct-support organization, which shall
1505specify the approval of the department, the powers and duties of
1506the direct-support organization, and rules with which the
1507direct-support organization shall comply.
1508     (b)  The department may permit, without charge, appropriate
1509use of property, facilities, and personnel of the department by
1510a direct-support organization, subject to the provisions of ss.
1511570.902 and 570.903. The use shall be directly in keeping with
1512the approved purposes of the direct-support organization and
1513shall not be made at times or places that would unreasonably
1514interfere with opportunities for the general public to use
1515department facilities for established purposes.
1516     (c)  The department shall prescribe by contract or by rule
1517conditions with which a direct-support organization shall comply
1518in order to use property, facilities, or personnel of the
1519department or museum. Such rules shall provide for budget and
1520audit review and oversight by the department.
1521     (d)  The department shall not permit the use of property,
1522facilities, or personnel of the museum, department, or
1523designated program by a direct-support organization which does
1524not provide equal employment opportunities to all persons
1525regardless of race, color, religion, sex, age, or national
1527     (2)(a)  The direct-support organization shall be empowered
1528to conduct programs and activities; raise funds; request and
1529receive grants, gifts, and bequests of money; acquire, receive,
1530hold, invest, and administer, in its own name, securities,
1531funds, objects of value, or other property, real or personal;
1532and make expenditures to or for the direct or indirect benefit
1533of the museum or designated program.
1534     (b)  Notwithstanding the provisions of s. 287.057, the
1535direct-support organization may enter into contracts or
1536agreements with or without competitive bidding for the
1537restoration of objects, historical buildings, and other
1538historical materials or for the purchase of objects, historical
1539buildings, and other historical materials which are to be added
1540to the collections of the museum, or benefit of the designated
1541program. However, before the direct-support organization may
1542enter into a contract or agreement without competitive bidding,
1543the direct-support organization shall file a certification of
1544conditions and circumstances with the internal auditor of the
1545department justifying each contract or agreement.
1546     (c)  Notwithstanding the provisions of s. 287.025(1)(e),
1547the direct-support organization may enter into contracts to
1548insure property of the museum or designated programs and may
1549insure objects or collections on loan from others in satisfying
1550security terms of the lender.
1551     (3)  The direct-support organization shall provide for an
1552annual financial audit in accordance with s. 215.981.
1553     (4)  Neither a designated program or a museum, nor a
1554nonprofit corporation trustee or employee may:
1555     (a)  Receive a commission, fee, or financial benefit in
1556connection with the sale or exchange of property historical
1557objects or properties to the direct-support organization, the
1558museum, or the designated program; or
1559     (b)  Be a business associate of any individual, firm, or
1560organization involved in the sale or exchange of property to the
1561direct-support organization, the museum, or the designated
1563     (5)  All moneys received by the direct-support organization
1564shall be deposited into an account of the direct-support
1565organization and shall be used by the organization in a manner
1566consistent with the goals of the museum or designated program.
1567     (6)  The identity of a donor or prospective donor who
1568desires to remain anonymous and all information identifying such
1569donor or prospective donor are confidential and exempt from the
1570provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1572     (7)  The Commissioner of Agriculture, or the commissioner's
1573designee, may serve on the board of trustees and the executive
1574committee of any direct-support organization established to
1575benefit the museum or any designated program.
1576     (8)  The department shall establish by rule archival
1577procedures relating to museum artifacts and records. The rules
1578shall provide procedures which protect the museum's artifacts
1579and records equivalent to those procedures which have been
1580established by the Department of State under chapters 257 and
1582     Section 47.  Subsection (4) of section 573.118, Florida
1583Statutes, is amended to read:
1584     573.118  Assessment; funds; audit; loans.-
1585     (4)  In the event of levying and collecting of assessments,
1586for each fiscal year in which assessment funds are received by
1587the department, the department shall maintain records of
1588collections and expenditures for each marketing order separately
1589within the state's accounting system. If requested by an
1590advisory council, department staff shall cause to be made a
1591thorough annual audit of the books and accounts by a certified
1592public accountant, such audit to be completed within 60 days
1593after the request is received end of the fiscal year. The
1594advisory council department and all producers and handlers
1595covered by the marketing order shall be provided a copy of the
1596properly advised of the details of the annual official audit of
1597the accounts as shown by the certified public accountant within
159830 days after completion of the audit.
1599     Section 48.  Subsections (18) through (30) of section
1600581.011, Florida Statutes, are renumbered as subsections (17)
1601through (29), respectively, and present subsections (17) and
1602(20) of that section are amended to read:
1603     581.011  Definitions.-As used in this chapter:
1604     (17)  "Museum" means the Florida State Collection of
1606     (19)(20)  "Nursery" means any grounds or premises on or in
1607which nursery stock is grown, propagated, or held for sale or
1608distribution, including except where aquatic plant species are
1609tended for harvest in the natural environment.
1610     Section 49.  Paragraph (a) of subsection (3) of section
1611581.211, Florida Statutes, is amended to read:
1612     581.211  Penalties for violations.-
1613     (3)(a)1.  In addition to any other provision of law, the
1614department may, after notice and hearing, impose an
1615administrative fine not exceeding $10,000 $5,000 for each
1616violation of this chapter, upon any person, nurseryman, stock
1617dealer, agent or plant broker. The fine, when paid, shall be
1618deposited in the Plant Industry Trust Fund. In addition, the
1619department may place the violator on probation for up to 1 year,
1620with conditions.
1621     2.  The imposition of a fine or probation pursuant to this
1622subsection may be in addition to or in lieu of the suspension or
1623revocation of a certificate of registration or certificate of
1625     Section 50.  Section 583.13, Florida Statutes, is amended
1626to read:
1627     583.13  Labeling and advertising requirements for dressed
1628poultry; unlawful acts.-
1629     (1)  It is unlawful for any dealer or broker to sell, offer
1630for sale, or hold for the purpose of sale in the state any
1631dressed or ready-to-cook poultry in bulk unless the such poultry
1632is packed in a container clearly bearing a label, not less than
16333 inches by 5 inches, on which shall be plainly and legibly
1634printed, in letters of not less than 1/4 inch high in height,
1635the grade and the part name or whole-bird statement of such
1636poultry. The grade may be expressed in the term "premium,"
1637"good," or "standard," or as the grade of another state or
1638federal agency the standards of quality of which, by law, are
1639equal to the standards of quality provided by this law and rules
1640promulgated hereunder.
1641     (2)  It is unlawful to sell unpackaged dressed or ready-to-
1642cook poultry at retail unless such poultry is labeled by a
1643placard immediately adjacent to the poultry or unless each bird
1644is individually labeled to show the grade and the part name or
1645whole-bird statement. The placard shall be no smaller than 7
1646inches by 7 inches in size, and the required labeling
1647information shall be legibly and plainly printed on the placard
1648in letters not smaller than 1 inch in height.
1649     (3)  It is unlawful to sell packaged dressed or ready-to-
1650cook poultry at retail unless such poultry is labeled to show
1651the grade, the part name or whole-bird statement, the net weight
1652of the poultry, and the name and address of the dealer. The size
1653of the type on the label must be one-eighth inch or larger. A
1654placard immediately adjacent to such poultry may be used to
1655indicate the grade and the part name or whole-bird statement,
1656but not the net weight of the poultry or the name and address of
1657the dealer.
1658     (4)  It is unlawful to use dressed or ready-to-cook poultry
1659in bulk in the preparation of food served to the public, or to
1660hold such poultry for the purpose of such use, unless the
1661poultry when received was packed in a container clearly bearing
1662a label, not less than 3 inches by 5 inches, on which was
1663plainly and legibly printed, in letters not less than 1/4 one-
1664fourth inch high in height, the grade and the part name or
1665whole-bird statement of such poultry. The grade may be expressed
1666in the term "premium," "good," or "standard," or as the grade of
1667another state or federal agency the standards of quality of
1668which, by law, are equal to the standards of quality provided by
1669this law and rules promulgated hereunder.
1670     (5)  It is unlawful to offer dressed or ready-to-cook
1671poultry for sale in any advertisement in a newspaper or
1672circular, on radio or television, or in any other form of
1673advertising without plainly designating in such advertisement
1674the grade and the part name or whole-bird statement of such
1676     Section 51.  Subsection (1) of section 585.61, Florida
1677Statutes, is amended to read:
1678     585.61  Animal disease diagnostic laboratories.-
1679     (1)  There is hereby created and established an animal
1680disease diagnostic laboratory in Osceola County and Suwannee
1681County. The laboratory complex in Osceola County is designated
1682as the "Bronson Animal Disease Diagnostic Laboratory."
1683     Section 52.  Subsections (4) and (5) of section 590.125,
1684Florida Statutes, are renumbered as subsections (5) and (6),
1685respectively, subsection (1), paragraph (b) of subsection (3),
1686and paragraph (c) of present subsection (4) are amended, and new
1687subsections (4) and (7) are added to that section, to read:
1688     590.125  Open burning authorized by the division.-
1689     (1)  DEFINITIONS.-As used in this section, the term:
1690     (a)  "Certified pile burner" means an individual who
1691successfully completes the division's pile burning certification
1692program and possesses a valid pile burner certification number.
1693     (b)  "Certified prescribed burn manager" means an
1694individual who successfully completes the certified prescribed
1695burning certification program of the division and possesses a
1696valid certification number.
1697     (c)(d)  "Extinguished" means:
1698     1.  that no spreading flame For wild land burning or
1699certified prescribed burning, that no spreading flames exist.
1700     2.  and no visible flame, smoke, or emissions For
1701vegetative land-clearing debris burning or pile burning, that no
1702visible flames exist.
1703     3.  For vegetative land-clearing debris burning or pile
1704burning in an area designated as smoke sensitive by the
1705division, that no visible flames, smoke, or emissions exist.
1706     (d)  "Land-clearing operation" means the uprooting or
1707clearing of vegetation in connection with the construction of
1708buildings and rights-of-way, land development, and mineral
1709operations. The term does not include the clearing of yard
1711     (e)  "Pile burning" means the burning of silvicultural,
1712agricultural, or land-clearing and tree-cutting debris
1713originating onsite, which is stacked together in a round or
1714linear fashion, including, but not limited to, a windrow.
1715     (f)(a)  "Prescribed burning" means the controlled
1716application of fire in accordance with a written prescription
1717for vegetative fuels under specified environmental conditions
1718while following appropriate precautionary measures that ensure
1719that the fire is confined to a predetermined area to accomplish
1720the planned fire or land-management objectives.
1721     (g)(c)  "Prescription" means a written plan establishing
1722the criteria necessary for starting, controlling, and
1723extinguishing a prescribed burn.
1724     (h)  "Yard trash" means vegetative matter resulting from
1725landscaping and yard maintenance operations and other such
1726routine property cleanup activities. The term includes materials
1727such as leaves, shrub trimmings, grass clippings, brush, and
1728palm fronds.
1731     (b)  Certified prescribed burning pertains only to
1732broadcast burning for purposes of silviculture, wildlife
1733management, ecological maintenance and restoration, and range
1734and pasture management. It must be conducted in accordance with
1735this subsection and:
1736     1.  May be accomplished only when a certified prescribed
1737burn manager is present on site with a copy of the prescription
1738from ignition of the burn to its completion.
1739     2.  Requires that a written prescription be prepared before
1740receiving authorization to burn from the division.
1741     3.  Requires that the specific consent of the landowner or
1742his or her designee be obtained before requesting an
1744     4.  Requires that an authorization to burn be obtained from
1745the division before igniting the burn.
1746     5.  Requires that there be adequate firebreaks at the burn
1747site and sufficient personnel and firefighting equipment for the
1748control of the fire.
1749     6.  Is considered to be in the public interest and does not
1750constitute a public or private nuisance when conducted under
1751applicable state air pollution statutes and rules.
1752     7.  Is considered to be a property right of the property
1753owner if vegetative fuels are burned as required in this
1757     (a)  Pile burning is a tool that benefits current and
1758future generations in Florida by disposing of naturally
1759occurring vegetative debris through burning rather than
1760disposing of the debris in landfills.
1761     (b)  Certified pile burning pertains to the disposal of
1762piled, naturally occurring debris from an agricultural,
1763silvicultural, or temporary land-clearing operation. A land-
1764clearing operation is temporary if it operates for 6 months or
1765less. Certified pile burning must be conducted in accordance
1766with this subsection, and:
1767     1.  A certified pile burner must ensure, before ignition,
1768that the piles are properly placed and that the content of the
1769piles is conducive to efficient burning.
1770     2.  A certified pile burner must ensure that the piles are
1771properly extinguished no later than 1 hour after sunset. If the
1772burn is conducted in an area designated by the division as smoke
1773sensitive, a certified pile burner must ensure that the piles
1774are properly extinguished at least 1 hour before sunset.
1775     3.  A written pile burn plan must be prepared before
1776receiving authorization from the division to burn.
1777     4.  The specific consent of the landowner or his or her
1778agent must be obtained before requesting authorization to burn.
1779     5.  An authorization to burn must be obtained from the
1780division or its designated agent before igniting the burn.
1781     6.  There must be adequate firebreaks and sufficient
1782personnel and firefighting equipment at the burn site to control
1783the fire.
1784     (c)  If a burn is conducted in accordance with this
1785subsection, the property owner and his or her agent are not
1786liable under s. 590.13 for damage or injury caused by the fire
1787or resulting smoke, and are not in violation of subsection (2),
1788unless gross negligence is proven.
1789     (d)  A certified pile burner who violates this section
1790commits a misdemeanor of the second degree, punishable as
1791provided in s. 775.082 or s. 775.083.
1792     (e)  The division shall adopt rules regulating certified
1793pile burning. The rules shall include procedures and criteria
1794for certifying and decertifying certified pile burn managers
1795based on past experience, training, and record of compliance
1796with this section.
1798DIVISION.-The division may conduct fuel reduction initiatives,
1799including, but not limited to, burning and mechanical and
1800chemical treatment, on any area of wild land within the state
1801which is reasonably determined to be in danger of wildfire in
1802accordance with the following procedures:
1803     (c)  Prepare, and send the county tax collector shall
1804include with the annual tax statement, a notice to be sent to
1805all landowners in each area township designated by the division
1806as a wildfire hazard area. The notice must describe particularly
1807the area to be treated and the tentative date or dates of the
1808treatment and must list the reasons for and the expected
1809benefits from the wildfire hazard reduction.
1812     (a)  A county or municipality may exercise the division's
1813authority, if delegated by the division under this subsection,
1814to issue authorizations for the burning of yard trash or debris
1815from land-clearing operations. A county's or municipality's
1816existing or proposed open burning authorization program must:
1817     1.  Be approved by the division. The division shall not
1818approve a program if it fails to meet the requirements of
1819subsections (2) and (4) and any rules adopted under those
1821     2.  Provide by ordinance or local law the requirements for
1822obtaining and performing a burn authorization that comply with
1823subsections (2) and (4) and any rules adopted under those
1825     3.  Provide for the enforcement of the program's
1827     4.  Provide financial, personnel, and other resources
1828needed to carry out the program.
1829     (b)  If the division determines that a county's or
1830municipality's open burning authorization program does not
1831comply with subsections (2) and (4) and any rules adopted under
1832those subsections, the division shall require the county or
1833municipality to take necessary corrective actions within a
1834reasonable period, not to exceed 90 days.
1835     1.  If the county or municipality fails to take the
1836necessary corrective actions within the required period, the
1837division shall resume administration of the open burning
1838authorization program in the county or municipality and the
1839county or municipality shall cease administration of its
1841     2.  Each county and municipality administering an open
1842burning authorization program must cooperate with and assist the
1843division in carrying out the division's powers, duties, and
1845     3.  A person who violates the requirements of a county's or
1846municipality's open burning authorization program, as provided
1847by ordinance or local law enacted pursuant to this section,
1848commits a violation of this chapter, punishable as provided in
1849s. 590.14.
1850     Section 53.  Section 590.14, Florida Statutes, is amended
1851to read:
1852     590.14  Notice of violation; penalties.-
1853     (1)  If a division employee determines that a person has
1854violated chapter 589, or this chapter, or any rule adopted by
1855the division to administer provisions of law conferring duties
1856upon the division, the division employee he or she may issue a
1857notice of violation indicating the statute violated. This notice
1858will be filed with the division and a copy forwarded to the
1859appropriate law enforcement entity for further action if
1861     (2)  In addition to any penalties provided by law, any
1862person who causes a wildfire or permits any authorized fire to
1863escape the boundaries of the authorization or to burn past the
1864time of the authorization is liable for the payment of all
1865reasonable costs and expenses incurred in suppressing the fire
1866or $150, whichever is greater. All costs and expenses incurred
1867by the division shall be payable to the division. When such
1868costs and expenses are not paid within 30 days after demand, the
1869division may take proper legal proceedings for the collection of
1870the costs and expenses. Those costs incurred by an agency acting
1871at the division's direction are recoverable by that agency.
1872     (3)  The department may also impose an administrative fine,
1873not to exceed $1,000 per violation of any section of chapter 589
1874or this chapter or violation of any rule adopted by the division
1875to administer provisions of law conferring duties upon the
1876division. The fine shall be based upon the degree of damage, the
1877prior violation record of the person, and whether the person
1878knowingly provided false information to obtain an authorization.
1879The fines shall be deposited in the Incidental Trust Fund of the
1881     (4)  A person may not:
1882     (a)  Fail to comply with any rule or order adopted by the
1883division to administer provisions of law conferring duties upon
1884the division; or
1885     (b)  Knowingly make any false statement or representation
1886in any application, record, plan, or other document required by
1887this chapter or any rules adopted under this chapter.
1888     (5)  A person who violates paragraph (4)(a) or paragraph
1889(4)(b) commits a misdemeanor of the second degree, punishable as
1890provided in s. 775.082 or s. 775.083.
1891     (6)  It is the intent of the Legislature that a penalty
1892imposed by a court under subsection (5) be of a severity that
1893ensures immediate and continued compliance with this section.
1894     (7)(4)  The penalties provided in this section shall extend
1895to both the actual violator and the person or persons, firm, or
1896corporation causing, directing, or permitting the violation.
1897     Section 54.  Paragraph (a) of subsection (1) of section
1898599.004, Florida Statutes, is amended to read:
1899     599.004  Florida Farm Winery Program; registration; logo;
1901     (1)  The Florida Farm Winery Program is established within
1902the Department of Agriculture and Consumer Services. Under this
1903program, a winery may qualify as a tourist attraction only if it
1904is registered with and certified by the department as a Florida
1905Farm Winery. A winery may not claim to be certified unless it
1906has received written approval from the department.
1907     (a)  To qualify as a certified Florida Farm Winery, a
1908winery shall meet the following standards:
1909     1.  Produce or sell less than 250,000 gallons of wine
1911     2.  Maintain a minimum of 10 acres of owned or managed land
1912vineyards in Florida which produces commodities used in the
1913production of wine.
1914     3.  Be open to the public for tours, tastings, and sales at
1915least 30 hours each week.
1916     4.  Make annual application to the department for
1917recognition as a Florida Farm Winery, on forms provided by the
1919     5.  Pay an annual application and registration fee of $100.
1920     Section 55.  Subsection (1) of section 604.15, Florida
1921Statutes, is amended, and subsection (11) is added to that
1922section, to read:
1923     604.15  Dealers in agricultural products; definitions.-For
1924the purpose of ss. 604.15-604.34, the following words and terms,
1925when used, shall be construed to mean:
1926     (1)  "Agricultural products" means the natural products of
1927the farm, nursery, grove, orchard, vineyard, garden, and apiary
1928(raw or manufactured); sod; tropical foliage; horticulture; hay;
1929livestock; milk and milk products; poultry and poultry products;
1930the fruit of the saw palmetto (meaning the fruit of the Serenoa
1931repens); limes (meaning the fruit Citrus aurantifolia, variety
1932Persian, Tahiti, Bearss, or Florida Key limes); and any other
1933nonexempt agricultural products produced in the state, except
1934tobacco, sugarcane, tropical foliage, timber and timber
1935byproducts, forest products as defined in s. 591.17, and citrus
1936other than limes.
1937     (11)  "Responsible position" means a position within the
1938business of a dealer in agricultural products that has the
1939authority to negotiate or make the purchase of agricultural
1940products on behalf of the dealer's business or has principal
1941active management authority over the business decisions,
1942actions, and activities of the dealer's business in this state.
1943     Section 56.  Section 604.19, Florida Statutes, is amended
1944to read:
1945     604.19  License; fee; bond; certificate of deposit;
1946penalty.-Unless the department refuses the application on one or
1947more of the grounds provided in this section, it shall issue to
1948an applicant, upon the payment of required fees and the
1949execution and delivery of a bond or certificate of deposit as
1950provided in this section, a state license entitling the
1951applicant to conduct business as a dealer in agricultural
1952products for a 1-year period to coincide with the effective
1953period of the bond or certificate of deposit furnished by the
1954applicant. During the 1-year period covered by a license, if the
1955supporting surety bond or certificate of deposit is canceled for
1956any reason, the license shall automatically expire on the date
1957the surety bond or certificate of deposit terminates, unless an
1958acceptable replacement is in effect before the date of
1959termination so that continual coverage occurs for the remaining
1960period of the license. A surety company shall give the
1961department a 30-day written notice of cancellation by certified
1962mail in order to cancel a bond. Cancellation of a bond or
1963certificate of deposit does shall not relieve a surety company
1964or financial institution of liability for purchases or sales
1965occurring while the bond or certificate of deposit was in
1966effect. The license fee, which must be paid for the principal
1967place of business for a dealer in agricultural products, shall
1968be based upon the amount of the dealer's surety bond or
1969certificate of deposit furnished by each dealer under the
1970provisions of s. 604.20 and may not exceed $500. For each
1971additional place in which the applicant desires to conduct
1972business and which the applicant names in the application, the
1973additional license fee must be paid but may not exceed $100
1974annually. If a Should any dealer in agricultural products fails,
1975refuses, or neglects fail, refuse, or neglect to apply and
1976qualify for the renewal of a license on or before its the date
1977of expiration date thereof, a penalty not to exceed $100 shall
1978apply to and be added to the original license fee for the
1979principal place of business and to the license fee for each
1980additional place of business named in the application and shall
1981be paid by the applicant before the renewal license may be
1982issued. The department by rule shall prescribe fee amounts
1983sufficient to fund ss. 604.15-604.34.
1984     Section 57.  Section 604.25, Florida Statutes, is amended
1985to read:
1986     604.25  Denial of, refusal to renew grant, or suspension or
1987revocation of, license.-
1988     (1)  The department may deny, refuse to renew, decline to
1989grant a license or may suspend or revoke a license already
1990granted if the applicant or licensee has:
1991     (1)(a)  Suffered a monetary judgment entered against the
1992applicant or licensee upon which is execution has been returned
1994     (2)(b)  Made false charges for handling or services
1996     (3)(c)  Failed to account promptly and properly or to make
1997settlements with any producer;
1998     (4)(d)  Made any false statement or statements as to
1999condition, quality, or quantity of goods received or held for
2000sale when the true condition, quality, or quantity could have
2001been ascertained by reasonable inspection;
2002     (5)(e)  Made any false or misleading statement or
2003statements as to market conditions or service rendered;
2004     (6)(f)  Been guilty of a fraud in the attempt to procure,
2005or the procurement of, a license;
2006     (7)(g)  Directly or indirectly sold agricultural products
2007received on consignment or on a net return basis for her or his
2008own account, without prior authority from the producer
2009consigning the same, or without notifying such producer;
2010     (8)(h)  Failed to prevent a person from holding a position
2011as the applicant's or licensee's owner, officer, director,
2012general or managing partner, or employee Employed in a
2013responsible position a person, or holding any other similarly
2014situated position, if the person holds or has held a similar
2015position with any entity that an officer of a corporation, who
2016has failed to fully comply with an order of the department, has
2017not satisfied a civil judgment held by the department, has
2018pending any administrative or civil enforcement action by the
2019department, or has pending any criminal charges pursuant to s.
2020604.30 at any time within 1 year after issuance;
2021     (9)(i)  Violated any statute or rule relating to the
2022purchase or sale of any agricultural product, whether or not
2023such transaction is subject to the provisions of this chapter;
2025     (10)(j)  Failed to submit to the department an application,
2026appropriate license fees, and an acceptable surety bond or
2027certificate of deposit; or.
2028     (11)(2)  Failed If a licensee fails or refused refuses to
2029comply in full with an order of the department or failed to
2030satisfy a civil judgment owed to the department, her or his
2031license may be suspended or revoked, in which case she or he
2032shall not be eligible for license for a period of 1 year or
2033until she or he has fully complied with the order of the
2035     (3)  No person, or officer of a corporation, whose license
2036has been suspended or revoked for failure to comply with an
2037order of the department may hold a responsible position with a
2038licensee for a period of 1 year or until the order of the
2039department has been fully complied with.
2040     Section 58.  Subsections (18) and (19) of section 616.242,
2041Florida Statutes, are renumbered as subsections (19) and (20),
2042respectively, and a new subsection (18) is added to that section
2043to read:
2044     616.242  Safety standards for amusement rides.-
2045     (18)  STOP-OPERATION ORDERS.-If an owner or amusement ride
2046fails to comply with this chapter or any rule adopted under this
2047chapter, the department may issue a stop-operation order.
2048     Section 59.  Subsection (7) is added to section 624.4095,
2049Florida Statutes, to read:
2050     624.4095  Premiums written; restrictions.-
2051     (7)  For purposes of this section and s. 624.407, with
2052regard to capital and surplus required, gross written premiums
2053for federal multiple-peril crop insurance that is ceded to the
2054Federal Crop Insurance Corporation and authorized reinsurers
2055shall not be included when calculating the insurer's gross
2056writing ratio. The liabilities for ceded reinsurance premiums
2057payable for federal multiple-peril crop insurance ceded to the
2058Federal Crop Insurance Corporation and authorized reinsurers
2059shall be netted against the asset for amounts recoverable from
2060reinsurers. Each insurer that writes other insurance products
2061together with federal multiple-peril crop insurance shall
2062disclose in the notes to the annual and quarterly financial
2063statement, or file a supplement to the financial statement that
2064discloses, a breakout of the gross written premiums for federal
2065multiple-peril crop insurance.
2066     Section 60.  Subsection (4) of section 686.201, Florida
2067Statutes, is amended to read:
2068     686.201  Sales representative contracts involving
2069commissions; requirements; termination of agreement; civil
2071     (4)  This section does not apply to:
2072     (a)  Persons licensed pursuant to chapter 475 who are
2073performing services within the scope of their license.
2074     (b)  Contracts to which a seller of travel as defined in s.
2075559.927 is a party.
2076     Section 61.  Paragraph (c) of subsection (5) of section
2077790.06, Florida Statutes, is amended to read:
2078     790.06  License to carry concealed weapon or firearm.-
2079     (5)  The applicant shall submit to the Department of
2080Agriculture and Consumer Services:
2081     (c)  A full set of fingerprints of the applicant
2082administered by a law enforcement agency or the Division of
2083Licensing of the Department of Agriculture and Consumer
2085     Section 62.  Section 828.126, Florida Statutes, is created
2086to read:
2087     828.126  Sexual activities involving animals.-
2088     (1)  As used in this section, the term "sexual activities"
2089means oral, anal, or vaginal penetration by, or union with, the
2090sexual organ of an animal or the anal or vaginal penetration of
2091any animal by any object.
2092     (2)  A person may not:
2093     (a)  Knowingly engage in sexual activities with an animal.
2094     (b)  Knowingly cause, aid, or abet another person to engage
2095in sexual activities with an animal.
2096     (c)  Knowingly permit any sexual activities with an animal
2097to be conducted on any premises under his or her control.
2098     (d)  Knowingly organize, promote, conduct, advertise, aid,
2099abet, participate as an observer, or perform any service in the
2100furtherance of an act involving any sexual activities with an
2101animal for a commercial or recreational purpose.
2102     (3)  A person who violates this section commits a
2103misdemeanor of the first degree, punishable as provided in s.
2104775.082 or s. 775.083.
2105     (4)  This section does not apply to normal and ordinary
2106animal husbandry practices, conformation judging practices, or
2107accepted veterinary medical practices.
2108     Section 63.  Sections 570.071 and 570.901, Florida
2109Statutes, are repealed.
2110     Section 64.  This act shall take effect July 1, 2010.

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