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;
5providing for future repeal; amending s. 369.20, F.S.;
6authorizing the Fish and Wildlife Conservation Commission
7to enter into an agreement with the Department of
8Environmental Protection for the uniform regulation of
9pesticides applied to the waters of the state; revising
10exemptions from water pollution permits; amending s.
11373.1391, F.S.; requiring water management districts to
12give priority to the agricultural use of certain parcels
13for purposes of management of such parcels; amending s.
14403.088, F.S.; providing permits for applying pesticides
15to the waters of the state; requiring the Department of
16Environmental Protection to enter into agreements with the
17Department of Agriculture and Consumer Services and the
18commission for the uniform regulation of pesticides
19applied to the waters of the state; authorizing temporary
20deviations from certain rule provisions adopted by the
21Department of Environmental Protection for certain
22pesticides under certain conditions; amending s. 403.9336,
23F.S.; revising a reference to the Model Ordinance for
24Florida-Friendly Fertilizer Use on Urban Landscapes;
25amending s. 403.9337, F.S.; providing for amendment of the
26model ordinance by the Department of Environmental
27Protection; revising the criteria for a local government's
28adoption of additional or more stringent standards;
29providing exemptions; amending s. 487.163, F.S.; requiring
30the Department of Agriculture and Consumer Services to
31enter into an agreement with the Department of
32Environmental Protection for the uniform regulation of
33pesticides applied to the waters of the state; amending s.
34493.6102, F.S.; specifying that provisions regulating
35security officers do not apply to certain law enforcement,
36correctional, and probation officers performing off-duty
37activities; amending s. 493.6105, F.S.; revising the
38application requirements and procedures for certain
39private investigative, private security, recovery agent,
40and firearm licenses; specifying application requirements
41for firearms instructor licenses; amending s. 493.6106,
42F.S.; revising citizenship requirements and documentation
43for certain private investigative, private security, and
44recovery agent licenses; prohibiting the licensure of
45applicants for a statewide firearm license or firearms
46instructor license who are prohibited from purchasing or
47possessing firearms; requiring that private investigative,
48security, and recovery agencies notify the Department of
49Agriculture and Consumer Services of changes to their
50branch office locations; amending s. 493.6107, F.S.;
51requiring the department to accept certain methods of
52payment for certain fees; amending s. 493.6108, F.S.;
53revising requirements for criminal history checks of
54license applicants whose fingerprints are not legible;
55requiring the investigation of the mental and emotional
56fitness of applicants for firearms instructor licenses;
57amending s. 493.6111, F.S.; requiring a security officer
58school or recovery agent school to obtain the department's
59approval for use of a fictitious name; specifying that a
60licensee may not conduct business under more than one
61fictitious name; amending s. 493.6113, F.S.; revising
62application renewal procedures and requirements; amending
63s. 493.6115, F.S.; conforming cross-references; amending
64s. 493.6118, F.S.; authorizing disciplinary action against
65statewide firearm licensees and firearms instructor
66licensees who are prohibited from purchasing or possessing
67firearms; conforming a cross-reference; amending s.
68493.6121, F.S.; deleting provisions for the department's
69access to certain criminal history records provided to
70licensed gun dealers, manufacturers, and exporters;
71amending s. 493.6202, F.S.; requiring the department to
72accept certain methods of payment for certain fees;
73amending s. 493.6203, F.S.; prohibiting bodyguard services
74from being credited toward certain license requirements;
75revising the training requirements for private
76investigator intern license applicants; requiring the
77automatic suspension of an intern's license under certain
78circumstances; providing an exception; amending s.
79493.6302, F.S.; requiring the department to accept certain
80methods of payment for certain fees; amending s. 493.6303,
81F.S.; revising the training requirements for security
82officer license applicants; amending s. 493.6304, F.S.;
83revising application requirements and procedures for
84security officer school licenses; amending s. 493.6401,
85F.S.; revising terminology for recovery agent schools and
86training facilities; amending s. 493.6402, F.S.; revising
87terminology for recovery agent schools and training
88facilities; requiring the department to accept certain
89methods of payment for certain fees; amending s. 493.6406,
90F.S.; revising terminology; requiring the licensure of
91recovery agent schools and instructors; providing license
92application requirements and procedures; requiring license
93fees; amending s. 500.033, F.S.; revising the membership
94of the Florida Food Safety and Food Defense Advisory
95Council; amending ss. 501.605 and 501.607, F.S.; revising
96application requirements for commercial telephone seller
97and salesperson licenses; amending s. 501.913, F.S.;
98specifying the sample size required for an antifreeze
99registration application; amending s. 525.01, F.S.;
100revising requirements for petroleum fuel affidavits;
101amending s. 525.09, F.S.; imposing an inspection fee on
102certain alternative fuels containing alcohol; amending s.
103526.50, F.S.; defining terms applicable to regulation of
104the sale of brake fluid; amending s. 526.51, F.S.;
105revising brake fluid permit application requirements;
106amending s. 526.52, F.S.; revising requirements for
107printed statements on brake fluid containers; amending s.
108526.53, F.S.; revising requirements and procedures for
109brake fluid stop-sale orders; authorizing businesses to
110dispose of unregistered brake fluid under certain
111circumstances; amending s. 527.0201, F.S.; revising
112requirements for liquefied petroleum gas qualifying
113examinations; increasing continuing education requirements
114for certain liquefied petroleum gas qualifiers; amending
115s. 527.12, F.S.; providing for the issuance of certain
116stop orders; amending ss. 559.805 and 559.928, F.S.;
117deleting social security numbers as a listing requirement
118on registration affidavits for independent agents of
119sellers of business opportunities; amending s. 570.07,
120F.S.; revising the department's authority to enforce laws
121and rules relating to commercial stock feeds and
122commercial fertilizers; amending s. 570.0725, F.S.;
123revising provisions for public information about food
124banks and similar food recovery programs; authorizing the
125department to adopt rules; amending ss. 570.53 and 570.54,
126F.S.; conforming cross-references; amending s. 570.55,
127F.S.; revising requirements for identifying sellers or
128handlers of tropical or subtropical fruit or vegetables;
129amending s. 570.902, F.S.; conforming terminology to the
130repeal by the act of provisions establishing the Florida
131Agricultural Museum; amending s. 570.903, F.S.; revising
132provisions for direct-support organizations for certain
133agricultural programs to conform to the repeal by the act
134of provisions establishing the Florida Agricultural
135Museum; deleting provisions for a direct-support
136organization for the Florida State Collection of
137Arthropods; amending s. 573.118, F.S.; requiring the
138department to maintain records of marketing orders;
139requiring an audit at the request of an advisory council;
140requiring that the advisory council receive a copy of the
141audit within a specified time; amending s. 581.011, F.S.;
142deleting terminology relating to the Florida State
143Collection of Arthropods; revising the term "nursery" for
144purposes of plant industry regulations; amending s.
145581.211, F.S.; increasing the maximum fine for violations
146of plant industry regulations; amending s. 583.13, F.S.;
147deleting a prohibition on the sale of poultry without
148displaying the poultry grade; amending s. 585.61, F.S.;
149designating an animal disease diagnostic laboratory
150complex in Osceola County as the "Bronson Animal Disease
151Diagnostic Laboratory"; amending s. 590.125, F.S.;
152revising terminology for open burning authorizations;
153specifying purposes of certified prescribed burning;
154requiring the authorization of the Division of Forestry
155for certified pile burning; providing pile burning
156requirements; limiting the liability of property owners or
157agents engaged in pile burning; providing for the
158certification of pile burners; providing penalties for
159violations by certified pile burners; requiring rules;
160authorizing the division to adopt rules regulating
161certified pile burning; revising notice requirements for
162wildfire hazard reduction treatments; providing for
163approval of local government open burning authorization
164programs; providing program requirements; authorizing the
165division to close local government programs under certain
166circumstances; providing penalties for violations of local
167government open burning requirements; amending s. 590.14,
168F.S.; authorizing fines for violations of any division
169rule; providing penalties for certain violations;
170providing legislative intent; amending s. 599.004, F.S.;
171revising standards that a winery must meet to qualify as a
172certified Florida Farm Winery; amending s. 604.15, F.S.;
173revising the term "agricultural products" to make tropical
174foliage exempt from regulation under provisions relating
175to dealers in agricultural products; defining the term
176"responsible position"; amending s. 604.19, F.S.; revising
177requirements for late fees on agricultural products dealer
178applications; amending s. 604.25, F.S.; revising
179conditions under which the department may deny, refuse to
180renew, suspend, or revoke agricultural products dealer
181licenses; deleting a provision prohibiting certain persons
182from holding a responsible position with a licensee;
183amending s. 616.242, F.S.; authorizing the issuance of
184stop-operation orders for amusement rides under certain
185circumstances; amending s. 624.4095, F.S.; requiring that
186gross written premiums for certain crop insurance not be
187included when calculating the insurer's gross writing
188ratio; requiring that liabilities for ceded reinsurance
189premiums be netted against the asset for amounts
190recoverable from reinsurers; requiring that insurers who
191write other insurance products disclose a breakout of the
192gross written premiums for crop insurance; amending s.
193686.201, F.S.; exempting contracts involving a seller of
194travel from requirements for certain sales representative
195contracts; amending s. 790.06, F.S.; authorizing a
196concealed firearm license applicant to submit fingerprints
197administered by the Division of Licensing; creating s.
198828.126, F.S.; providing definitions; prohibiting a person
199from knowingly engaging in sexual activities with an
200animal; prohibiting certain acts related to sexual
201activities with animals; providing penalties; providing
202exemptions; requiring the department and representatives
203of the state pest control industry to submit a report to
204the Legislature; requiring that the report include
205recommendations for changes in the law to provide for
206disciplinary action against licensees of the pest control
207industry under certain circumstances; providing that the
208report may also address additional issues of concern to
209the department and members of the industry; repealing ss.
210570.071 and 570.901, F.S., relating to the Florida
211Agricultural Exposition and the Florida Agricultural
212Museum; providing an effective date.
214Be It Enacted by the Legislature of the State of Florida:
216     Section 1.  Section 15.0455, Florida Statutes, is created
217to read:
218     15.0455  Official state agricultural museum.-
219     (1)  The Florida Agricultural Museum in Flagler County is
220designated as the official state agricultural museum.
221     (2)  This section is repealed July 1, 2020, unless reviewed
222and reenacted by the Legislature before that date.
223     Section 2.  Subsections (4) and (9) of section 369.20,
224Florida Statutes, are amended to read:
225     369.20  Florida Aquatic Weed Control Act.-
226     (4)  The commission shall also promote, develop, and
227support research activities directed toward the more effective
228and efficient control of aquatic plants. In the furtherance of
229this purpose, the commission may is authorized to:
230     (a)  Accept donations and grants of funds and services from
231both public and private sources;
232     (b)  Contract or enter into agreements with public or
233private agencies or corporations for research and development of
234aquatic plant control methods or for the performance of aquatic
235plant control activities. The commission may enter into an
236agreement with the Department of Environmental Protection to
237ensure that pesticides applied to the waters of the state are
238regulated uniformly, including provisions for the coordination
239of agency staff and resources, through the implementation of
240permitting, compliance, and enforcement activities under ss.
241403.088 and 403.0885;
242     (c)  Construct, acquire, operate, and maintain facilities
243and equipment; and
244     (d)  Enter upon, or authorize the entry upon, private
245property for purposes of making surveys and examinations and to
246engage in aquatic plant control activities; and such entry shall
247not be deemed a trespass.
248     (9)  A permit issued pursuant to this section for The
249application of herbicides to waters of in the state for the
250control of aquatic plants, algae, or invasive exotic plants is
251exempt from the requirement to obtain a water pollution
252operation permit except as provided in ss. pursuant to s.
253403.088 and 403.0885.
254     Section 3.  Paragraph (d) of subsection (1) of section
255373.1391, Florida Statutes, is amended to read:
256     373.1391  Management of real property.-
257     (1)
258     (d)  For any fee simple acquisition of a parcel which is or
259will be leased back for agricultural purposes, or for any
260acquisition of a less-than-fee interest in lands that is or will
261be used for agricultural purposes, the district governing board
262shall first consider having a soil and water conservation
263district created pursuant to chapter 582 manage and monitor such
264interest. Priority shall be given to the agricultural use
265present at the time of fee simple acquisition of the parcel.
266     Section 4.  Subsection (1) of section 403.088, Florida
267Statutes, is amended to read:
268     403.088  Water pollution operation permits; conditions.-
269     (1)  No person, Without the written authorization of the
270department, a person may not shall discharge any waste into the
271waters of within the state any waste which, by itself or in
272combination with the wastes of other sources, reduces the
273quality of the receiving waters below the classification
274established for such waters them. However, this section does
275shall not be deemed to prohibit the application of pesticides to
276such waters in the state for the control of insects, aquatic
277weeds, or algae, or other pests if provided the application is
278performed in accordance with this section.
279     (a)  Upon execution of the agreement required in s.
280487.163(3), the department may develop a permit or other
281authorization as required by 33 U.S.C. s. 1342 for the
282application of pesticides. A person must obtain such permit or
283other authorization before applying pesticides to the waters of
284the state.
285     (b)  In consultation with the Department of Agriculture and
286Consumer Services and the Fish and Wildlife Conservation
287Commission, the department shall also develop a general permit
288under s. 403.0885(2), for the application of pesticides.
289     (c)  The department shall also enter into agreements with
290the Department of Agriculture and Consumer Services pursuant to
291a program approved by the Department of Health, in the case of
292insect or other pest control, and with or the Fish and Wildlife
293Conservation Commission, in the case of aquatic weed, other
294aquatic pests, or algae control. The department is directed to
295enter into interagency agreements to establish the procedures
296for program approval. Such agreements must shall provide for
297public health, welfare, and safety, as well as environmental
298factors, and must ensure that pesticides applied to waters of
299the state are regulated uniformly, including provisions for the
300coordination of agency staff and resources, through the
301implementation of permitting, compliance, and enforcement
302activities under s. 403.0885 and this section. Pesticides that
303are Approved programs must provide that only chemicals approved
304for a the particular use by the United States Environmental
305Protection Agency or by the Department of Agriculture and
306Consumer Services may be employed and that they be applied in
307accordance with registered label instructions, state standards
308for such application, including any permit or other
309authorization required by this subsection, and the provisions of
310the Florida Pesticide Law, part I of chapter 487, are allowed a
311temporary deviation from the acute toxicity provisions of the
312department's rule establishing surface water quality standards,
313not to exceed the time necessary to control the target pests and
314only if the application does not reduce the quality of the
315receiving waters below the classification for such waters and is
316not likely to adversely affect any threatened or endangered
318     Section 5.  Section 403.9336, Florida Statutes, is amended
319to read:
320     403.9336  Legislative findings.-The Legislature finds that
321the implementation of the Model Ordinance for Florida-Friendly
322Fertilizer Use on Urban Landscapes (2008), which was developed
323by the department in conjunction with the Florida Consumer
324Fertilizer Task Force, the Department of Agriculture and
325Consumer Services, and the University of Florida Institute of
326Food and Agricultural Sciences, will assist in protecting the
327quality of Florida's surface water and groundwater resources.
328The Legislature further finds that local conditions, including
329variations in the types and quality of water bodies, site-
330specific soils and geology, and urban or rural densities and
331characteristics, may necessitate the implementation of
332additional or more stringent fertilizer management practices at
333the local government level.
334     Section 6.  Section 403.9337, Florida Statutes, is amended
335to read:
336     403.9337  Model Ordinance for Florida-Friendly Fertilizer
337Use on Urban Landscapes.-
338     (1)  The department may amend its Model Ordinance for
339Florida-Friendly Fertilizer Use on Urban Landscapes (2009).
340However, any amendment of the model ordinance after July 1,
3412010, must be adopted by order of the department. Before
342adopting an amendment to the model ordinance, the department
343must hold at least one public workshop to discuss and receive
344comments on the proposed amendment. The department, at a
345minimum, must notify interested stakeholders of the public
346workshop, including representatives of the nursery and landscape
347industry, the pest control industry, the Department of
348Agriculture and Consumer Services, the University of Florida's
349Institute of Food and Agricultural Sciences, environmental
350groups, and county and local governments. Such an order amending
351the model ordinance is subject to challenge under chapter 120.
352     (2)(1)  All county and municipal governments are encouraged
353to adopt and enforce the Model Ordinance for Florida-Friendly
354Fertilizer Use on Urban Landscapes or an equivalent requirement
355as a mechanism for protecting local surface and groundwater
357     (3)(2)  Each county and municipal government located within
358the watershed of a water body or water segment that is listed as
359impaired by nutrients pursuant to s. 403.067, must shall, at a
360minimum, adopt the most recent version of the department's Model
361Ordinance for Florida-Friendly Fertilizer Use on Urban
363     (4)  A local government may adopt additional or more
364stringent standards than the model ordinance if, before
365adoption, one of the following criteria are met:
366     (a)  The local government has implemented demonstrated, as
367part of a comprehensive program to address nonpoint sources of
368nutrient pollution but which is science-based, and economically
369and technically feasible, that additional or more stringent
370standards than the model ordinance are necessary in order to
371adequately address urban fertilizer contributions to nonpoint
372source nutrient loading to a water body. In any such instance,
373the comprehensive program must be scientifically based and
374economically and technically feasible. The comprehensive program
375may include, but is not limited to:
376     1.  Nonpoint source activities adopted as part of a basin
377management plan developed pursuant to s. 403.067(7);
378     2.  Adoption of Florida-friendly landscaping requirements,
379as provided in s. 373.185, into the local government's
380development code; and
381     3.  The requirement for and enforcement of the
382implementation of low-impact development practices; or
383     (b)  The local government documents in the public record
384the need for more stringent standards, including the
385scientifically documented impairment of waters within the local
386government's jurisdiction by nutrient enrichment due to
387landforms, soils, hydrology, climate, or geology.
388     (5)  If the local government proposes more stringent
389standards, it must document documents that it has requested and
390considered all relevant scientific information, including input
391from the department, the institute, the Department of
392Agriculture and Consumer Services, and the University of
393Florida's Florida Institute of Food and Agricultural Sciences,
394if provided, on the need for additional or more stringent
395provisions to address fertilizer use as a contributor to water
396quality degradation. All documentation must become part of the
397public record before adoption of the additional or more
398stringent criteria.
399     (6)(3)  Any county or municipal government that adopted its
400own fertilizer use ordinance before January 1, 2009, is exempt
401from this section. Ordinances adopted or amended on or after
402January 1, 2009, must substantively conform to the most recent
403version of the model fertilizer ordinance and are subject to
404subsections (2)-(5) (1) and (2), as applicable.
405     (7)  A fertilizer ordinance adopted by a county or
406municipal government may not prohibit an individual certified
407pursuant to s. 482.1562 from applying fertilizer during any
408specified period of the calendar year. However, a county or
409municipal government may require a certified applicator to
410perform a soil test or leaf tissue analysis to demonstrate the
411need for nutrient application during any specified period of the
412calendar year when the use of fertilizer is restricted or
413prohibited by local ordinance. Notwithstanding subsection (6), a
414county or municipal government exempt from this section pursuant
415to subsection (6) remains exempt if it amends its fertilizer
416ordinance on or after January 1, 2009, to comply with this
418     (8)(4)  This section does not apply to the use of
420     (a)  On farm operations as defined in s. 823.14; or
421     (b)  On lands classified as agricultural lands pursuant to
422s. 193.461; or
423     (c)  On any lands used for scientific research, including,
424but not limited to, research on the effects of fertilizer use on
425urban stormwater, water quality, agronomics, or horticulture.
426     Section 7.  Subsection (3) is added to section 487.163,
427Florida Statutes, to read:
428     487.163  Information; interagency cooperation.-
429     (3)  The department shall enter into an agreement with the
430Department of Environmental Protection to ensure that pesticides
431applied to waters of the state are regulated uniformly,
432including provisions for the coordination of agency staff and
433resources, through the implementation of permitting, compliance,
434and enforcement activities under ss. 403.088 and 403.0885.
435     Section 8.  Subsection (1) of section 493.6102, Florida
436Statutes, is amended to read:
437     493.6102  Inapplicability of this chapter.-This chapter
438shall not apply to:
439     (1)  Any individual who is an "officer" as defined in s.
440943.10(14), or is a law enforcement officer of the United States
441Government, while the such local, state, or federal officer is
442engaged in her or his official duties or when performing off-
443duty as a security officer, if such activity is activities
444approved by her or his superiors.
445     Section 9.  Section 493.6105, Florida Statutes, is amended
446to read:
447     493.6105  Initial application for license.-
448     (1)  Each individual, partner, or principal officer in a
449corporation, shall file with the department a complete
450application accompanied by an application fee not to exceed $60,
451except that the applicant for a Class "D" or Class "G" license
452is shall not be required to submit an application fee. The
453application fee is shall not be refundable.
454     (a)  The application submitted by any individual, partner,
455or corporate officer must shall be approved by the department
456before the prior to that individual, partner, or corporate
457officer assumes assuming his or her duties.
458     (b)  Individuals who invest in the ownership of a licensed
459agency, but do not participate in, direct, or control the
460operations of the agency are shall not be required to file an
462     (2)  Each application must shall be signed and verified by
463the individual under oath as provided in s. 92.525 and shall be
465     (3)  The application must shall contain the following
466information concerning the individual signing the application
468     (a)  Name and any aliases.
469     (b)  Age and date of birth.
470     (c)  Place of birth.
471     (d)  Social security number or alien registration number,
472whichever is applicable.
473     (e)  Current Present residence address and his or her
474residence addresses within the 5 years immediately preceding the
475submission of the application.
476     (f)  Occupations held presently and within the 5 years
477immediately preceding the submission of the application.
478     (f)(g)  A statement of all criminal convictions, findings
479of guilt, and pleas of guilty or nolo contendere, regardless of
480adjudication of guilt.
481     (g)  One passport-type color photograph taken within the 6
482months immediately preceding submission of the application.
483     (h)  A statement whether he or she has ever been
484adjudicated incompetent under chapter 744.
485     (i)  A statement whether he or she has ever been committed
486to a mental institution under chapter 394.
487     (j)  A full set of fingerprints on a card provided by the
488department and a fingerprint fee to be established by rule of
489the department based upon costs determined by state and federal
490agency charges and department processing costs. An applicant who
491has, within the immediately preceding 6 months, submitted a
492fingerprint card and fee for licensing purposes under this
493chapter shall not be required to submit another fingerprint card
494or fee.
495     (k)  A personal inquiry waiver which allows the department
496to conduct necessary investigations to satisfy the requirements
497of this chapter.
498     (l)  Such further facts as may be required by the
499department to show that the individual signing the application
500is of good moral character and qualified by experience and
501training to satisfy the requirements of this chapter.
502     (4)  In addition to the application requirements outlined
503in subsection (3), the applicant for a Class "C," Class "CC,"
504Class "E," Class "EE," or Class "G" license shall submit two
505color photographs taken within the 6 months immediately
506preceding the submission of the application, which meet
507specifications prescribed by rule of the department. All other
508applicants shall submit one photograph taken within the 6 months
509immediately preceding the submission of the application.
510     (4)(5)  In addition to the application requirements
511outlined under subsection (3), the applicant for a Class "C,"
512Class "E," Class "M," Class "MA," Class "MB," or Class "MR"
513license shall include a statement on a form provided by the
514department of the experience which he or she believes will
515qualify him or her for such license.
516     (5)(6)  In addition to the requirements outlined in
517subsection (3), an applicant for a Class "G" license shall
518satisfy minimum training criteria for firearms established by
519rule of the department, which training criteria shall include,
520but is not limited to, 28 hours of range and classroom training
521taught and administered by a Class "K" licensee; however, no
522more than 8 hours of such training shall consist of range
523training. If the applicant can show proof that he or she is an
524active law enforcement officer currently certified under the
525Criminal Justice Standards and Training Commission or has
526completed the training required for that certification within
527the last 12 months, or if the applicant submits one of the
528certificates specified in paragraph (6)(a) (7)(a), the
529department may waive the foregoing firearms training
531     (6)(7)  In addition to the requirements under subsection
532(3), an applicant for a Class "K" license shall:
533     (a)  Submit one of the following certificates:
534     1.  The Florida Criminal Justice Standards and Training
535Commission Firearms Instructor's Certificate and confirmation by
536the commission that the applicant is authorized to provide
537firearms instruction.
538     2.  The National Rifle Association Law Enforcement Police
539Firearms Instructor's Certificate.
540     3.  The National Rifle Association Security Firearms
541Instructor's Certificate.
542     3.4.  A firearms instructor's training certificate issued
543by any branch of the United States Armed Forces, from a federal
544law enforcement academy or agency, state, county, or a law
545enforcement municipal police academy in this state recognized as
546such by the Criminal Justice Standards and Training Commission
547or by the Department of Education.
548     (b)  Pay the fee for and pass an examination administered
549by the department which shall be based upon, but is not
550necessarily limited to, a firearms instruction manual provided
551by the department.
552     (7)(8)  In addition to the application requirements for
553individuals, partners, or officers outlined under subsection
554(3), the application for an agency license shall contain the
555following information:
556     (a)  The proposed name under which the agency intends to
558     (b)  The street address, mailing address, and telephone
559numbers of the principal location at which business is to be
560conducted in this state.
561     (c)  The street address, mailing address, and telephone
562numbers of all branch offices within this state.
563     (d)  The names and titles of all partners or, in the case
564of a corporation, the names and titles of its principal
566     (8)(9)  Upon submission of a complete application, a Class
567"CC," Class "C," Class "D," Class "EE," Class "E," Class "M,"
568Class "MA," Class "MB," or Class "MR" applicant may commence
569employment or appropriate duties for a licensed agency or branch
570office. However, the Class "C" or Class "E" applicant must work
571under the direction and control of a sponsoring licensee while
572his or her application is being processed. If the department
573denies application for licensure, the employment of the
574applicant must be terminated immediately, unless he or she
575performs only unregulated duties.
576     Section 10.  Paragraph (f) of subsection (1) and paragraph
577(a) of subsection (2) of section 493.6106, Florida Statutes, are
578amended, and paragraph (g) is added to subsection (1) of that
579section, to read:
580     493.6106  License requirements; posting.-
581     (1)  Each individual licensed by the department must:
582     (f)  Be a citizen or permanent legal resident alien of the
583United States or have appropriate been granted authorization
584issued to seek employment in this country by the United States
585Bureau of Citizenship and Immigration Services.
586     1.  An applicant for a Class "C," Class "CC," Class "D,"
587Class "DI," Class "E," Class "EE," Class "M," Class "MA," Class
588"MB," Class "MR," or Class "RI" license who is not a United
589States citizen must submit proof of current employment
590authorization issued by the United States Citizenship and
591Immigration Services or proof that she or he is deemed a
592permanent legal resident alien by the United States Citizenship
593and Immigration Services.
594     2.  An applicant for a Class "G" or Class "K" license who
595is not a United States citizen must submit proof that she or he
596is deemed a permanent legal resident alien by the United States
597Citizenship and Immigration Services, together with additional
598documentation establishing that she or he has resided in the
599state of residence shown on the application for at least 90
600consecutive days before the date that the application is
602     3.  An applicant for an agency or school license who is not
603a United States citizen or permanent legal resident alien must
604submit documentation issued by the United States Citizenship and
605Immigration Services stating that she or he is lawfully in the
606United States and is authorized to own and operate the type of
607agency or school for which she or he is applying. An employment
608authorization card issued by the United States Citizenship and
609Immigration Services is not sufficient documentation.
610     (g)  Not be prohibited from purchasing or possessing a
611firearm by state or federal law if the individual is applying
612for a Class "G" license or a Class "K" license.
613     (2)  Each agency shall have a minimum of one physical
614location within this state from which the normal business of the
615agency is conducted, and this location shall be considered the
616primary office for that agency in this state.
617     (a)  If an agency or branch office desires to change the
618physical location of the business, as it appears on the agency
619license, the department must be notified within 10 days of the
620change, and, except upon renewal, the fee prescribed in s.
621493.6107 must be submitted for each license requiring revision.
622Each license requiring revision must be returned with such
624     Section 11.  Subsection (3) of section 493.6107, Florida
625Statutes, is amended to read:
626     493.6107  Fees.-
627     (3)  The fees set forth in this section must be paid by
628certified check or money order or, at the discretion of the
629department, by agency check at the time the application is
630approved, except that the applicant for a Class "G" or Class "M"
631license must pay the license fee at the time the application is
632made. If a license is revoked or denied or if the application is
633withdrawn, the license fee shall not be refunded.
634     Section 12.  Paragraph (a) of subsection (1) and subsection
635(3) of section 493.6108, Florida Statutes, are amended to read:
636     493.6108  Investigation of applicants by Department of
637Agriculture and Consumer Services.-
638     (1)  Except as otherwise provided, prior to the issuance of
639a license under this chapter, the department shall make an
640investigation of the applicant for a license. The investigation
641shall include:
642     (a)1.  An examination of fingerprint records and police
643records. When a criminal history analysis of any applicant under
644this chapter is performed by means of fingerprint card
645identification, the time limitations prescribed by s. 120.60(1)
646shall be tolled during the time the applicant's fingerprint card
647is under review by the Department of Law Enforcement or the
648United States Department of Justice, Federal Bureau of
650     2.  If a legible set of fingerprints, as determined by the
651Department of Law Enforcement or the Federal Bureau of
652Investigation, cannot be obtained after two attempts, the
653Department of Agriculture and Consumer Services may determine
654the applicant's eligibility based upon a criminal history record
655check under the applicant's name conducted by the Department of
656Law Enforcement if the and the Federal Bureau of Investigation.
657A set of fingerprints are taken by a law enforcement agency or
658the department and the applicant submits a written statement
659signed by the fingerprint technician or a licensed physician
660stating that there is a physical condition that precludes
661obtaining a legible set of fingerprints or that the fingerprints
662taken are the best that can be obtained is sufficient to meet
663this requirement.
664     (3)  The department shall also investigate the mental
665history and current mental and emotional fitness of any Class
666"G" or Class "K" applicant, and may deny a Class "G" or Class
667"K" license to anyone who has a history of mental illness or
668drug or alcohol abuse.
669     Section 13.  Subsection (4) of section 493.6111, Florida
670Statutes, is amended to read:
671     493.6111  License; contents; identification card.-
672     (4)  Notwithstanding the existence of a valid Florida
673corporate registration, an no agency or school licensee may not
674conduct activities regulated under this chapter under any
675fictitious name without prior written authorization from the
676department to use that name in the conduct of activities
677regulated under this chapter. The department may not authorize
678the use of a name which is so similar to that of a public
679officer or agency, or of that used by another licensee, that the
680public may be confused or misled thereby. The authorization for
681the use of a fictitious name shall require, as a condition
682precedent to the use of such name, the filing of a certificate
683of engaging in business under a fictitious name under s. 865.09.
684A No licensee may not shall be permitted to conduct business
685under more than one fictitious name except as separately
686licensed nor shall the license be valid to protect any licensee
687who is engaged in the business under any name other than that
688specified in the license. An agency desiring to change its
689licensed name shall notify the department and, except upon
690renewal, pay a fee not to exceed $30 for each license requiring
691revision including those of all licensed employees except Class
692"D" or Class "G" licensees. Upon the return of such licenses to
693the department, revised licenses shall be provided.
694     Section 14.  Subsection (2) and paragraph (a) of subsection
695(3) of section 493.6113, Florida Statutes, are amended to read:
696     493.6113  Renewal application for licensure.-
697     (2)  At least No less than 90 days before prior to the
698expiration date of the license, the department shall mail a
699written notice to the last known mailing residence address of
700the licensee for individual licensees and to the last known
701agency address for agencies.
702     (3)  Each licensee shall be responsible for renewing his or
703her license on or before its expiration by filing with the
704department an application for renewal accompanied by payment of
705the prescribed license fee.
706     (a)  Each Class "B" Class "A," Class "B," or Class "R"
707licensee shall additionally submit on a form prescribed by the
708department a certification of insurance which evidences that the
709licensee maintains coverage as required under s. 493.6110.
710     Section 15.  Subsection (8), paragraph (d) of subsection
711(12), and subsection (16) of section 493.6115, Florida Statutes,
712are amended to read:
713     493.6115  Weapons and firearms.-
714     (8)  A Class "G" applicant must satisfy the minimum
715training criteria as set forth in s. 493.6105(5)(6) and as
716established by rule of the department.
717     (12)  The department may issue a temporary Class "G"
718license, on a case-by-case basis, if:
719     (d)  The applicant has received approval from the
720department subsequent to its conduct of a criminal history
721record check as authorized in s. 493.6108(1)(a)1. 493.6121(6).
722     (16)  If the criminal history record check program
723referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
724department may issue a temporary "G" license on a case-by-case
725basis, provided that the applicant has met all statutory
726requirements for the issuance of a temporary "G" license as
727specified in subsection (12), excepting the criminal history
728record check stipulated there; provided, that the department
729requires that the licensed employer of the applicant conduct a
730criminal history record check of the applicant pursuant to
731standards set forth in rule by the department, and provide to
732the department an affidavit containing such information and
733statements as required by the department, including a statement
734that the criminal history record check did not indicate the
735existence of any criminal history that would prohibit licensure.
736Failure to properly conduct such a check, or knowingly providing
737incorrect or misleading information or statements in the
738affidavit shall constitute grounds for disciplinary action
739against the licensed agency, including revocation of license.
740     Section 16.  Paragraph (u) of subsection (1) of section
741493.6118, Florida Statutes, is redesignated as paragraph (v) and
742amended, and a new paragraph (u) is added to that subsection, to
744     493.6118  Grounds for disciplinary action.-
745     (1)  The following constitute grounds for which
746disciplinary action specified in subsection (2) may be taken by
747the department against any licensee, agency, or applicant
748regulated by this chapter, or any unlicensed person engaged in
749activities regulated under this chapter.
750     (u)  For a Class "G" or a Class "K" applicant or licensee,
751being prohibited from purchasing or possessing a firearm by
752state or federal law.
753     (v)(u)  In addition to the grounds for disciplinary action
754prescribed in paragraphs (a)-(u) (a)-(t), Class "R" recovery
755agencies, Class "E" recovery agents, and Class "EE" recovery
756agent interns are prohibited from committing the following acts:
757     1.  Recovering a motor vehicle, mobile home, motorboat,
758aircraft, personal watercraft, all-terrain vehicle, farm
759equipment, or industrial equipment that has been sold under a
760conditional sales agreement or under the terms of a chattel
761mortgage before authorization has been received from the legal
762owner or mortgagee.
763     2.  Charging for expenses not actually incurred in
764connection with the recovery, transportation, storage, or
765disposal of repossessed property or personal property obtained
766in a repossession.
767     3.  Using any repossessed property or personal property
768obtained in a repossession for the personal benefit of a
769licensee or an officer, director, partner, manager, or employee
770of a licensee.
771     4.  Selling property recovered under the provisions of this
772chapter, except with written authorization from the legal owner
773or the mortgagee thereof.
774     5.  Failing to notify the police or sheriff's department of
775the jurisdiction in which the repossessed property is recovered
776within 2 hours after recovery.
777     6.  Failing to remit moneys collected in lieu of recovery
778of a motor vehicle, mobile home, motorboat, aircraft, personal
779watercraft, all-terrain vehicle, farm equipment, or industrial
780equipment to the client within 10 working days.
781     7.  Failing to deliver to the client a negotiable
782instrument that is payable to the client, within 10 working days
783after receipt of such instrument.
784     8.  Falsifying, altering, or failing to maintain any
785required inventory or records regarding disposal of personal
786property contained in or on repossessed property pursuant to s.
788     9.  Carrying any weapon or firearm when he or she is on
789private property and performing duties under his or her license
790whether or not he or she is licensed pursuant to s. 790.06.
791     10.  Soliciting from the legal owner the recovery of
792property subject to repossession after such property has been
793seen or located on public or private property if the amount
794charged or requested for such recovery is more than the amount
795normally charged for such a recovery.
796     11.  Wearing, presenting, or displaying a badge in the
797course of performing a repossession regulated by this chapter.
798     Section 17.  Subsections (7) and (8) of section 493.6121,
799Florida Statutes, are renumbered as subsections (6) and (7),
800respectively, and present subsection (6) of that section is
801amended, to read:
802     493.6121  Enforcement; investigation.-
803     (6)  The department shall be provided access to the program
804that is operated by the Department of Law Enforcement, pursuant
805to s. 790.065, for providing criminal history record information
806to licensed gun dealers, manufacturers, and exporters. The
807department may make inquiries, and shall receive responses in
808the same fashion as provided under s. 790.065. The department
809shall be responsible for payment to the Department of Law
810Enforcement of the same fees as charged to others afforded
811access to the program.
812     Section 18.  Subsection (3) of section 493.6202, Florida
813Statutes, is amended to read:
814     493.6202  Fees.-
815     (3)  The fees set forth in this section must be paid by
816certified check or money order or, at the discretion of the
817department, by agency check at the time the application is
818approved, except that the applicant for a Class "G," Class "C,"
819Class "CC," Class "M," or Class "MA" license must pay the
820license fee at the time the application is made. If a license is
821revoked or denied or if the application is withdrawn, the
822license fee shall not be refunded.
823     Section 19.  Subsections (2), (4), and (6) of section
824493.6203, Florida Statutes, are amended to read:
825     493.6203  License requirements.-In addition to the license
826requirements set forth elsewhere in this chapter, each
827individual or agency shall comply with the following additional
829     (2)  An applicant for a Class "MA" license shall have 2
830years of lawfully gained, verifiable, full-time experience, or
831training in:
832     (a)  Private investigative work or related fields of work
833that provided equivalent experience or training;
834     (b)  Work as a Class "CC" licensed intern;
835     (c)  Any combination of paragraphs (a) and (b);
836     (d)  Experience described in paragraph (a) for 1 year and
837experience described in paragraph (e) for 1 year;
838     (e)  No more than 1 year using:
839     1.  College coursework related to criminal justice,
840criminology, or law enforcement administration; or
841     2.  Successfully completed law enforcement-related training
842received from any federal, state, county, or municipal agency;
844     (f)  Experience described in paragraph (a) for 1 year and
845work in a managerial or supervisory capacity for 1 year.
847However, experience in performing bodyguard services is not
848creditable toward the requirements of this subsection.
849     (4)  An applicant for a Class "C" license shall have 2
850years of lawfully gained, verifiable, full-time experience, or
851training in one, or a combination of more than one, of the
853     (a)  Private investigative work or related fields of work
854that provided equivalent experience or training.
855     (b)  College coursework related to criminal justice,
856criminology, or law enforcement administration, or successful
857completion of any law enforcement-related training received from
858any federal, state, county, or municipal agency, except that no
859more than 1 year may be used from this category.
860     (c)  Work as a Class "CC" licensed intern.
862However, experience in performing bodyguard services is not
863creditable toward the requirements of this subsection.
864     (6)(a)  A Class "CC" licensee shall serve an internship
865under the direction and control of a designated sponsor, who is
866a Class "C," Class "MA," or Class "M" licensee.
867     (b)  Effective January 1, 2011 September 1, 2008, before
868submission of an application to the department, the an applicant
869for a Class "CC" license must have completed a minimum of 40 at
870least 24 hours of professional training a 40-hour course
871pertaining to general investigative techniques and this chapter,
872which course is offered by a state university or by a school,
873community college, college, or university under the purview of
874the Department of Education, and the applicant must pass an
875examination. The training must be provided in two parts, one 24-
876hour course and one 16-hour course. The certificate evidencing
877satisfactory completion of the 40 at least 24 hours of
878professional training a 40-hour course must be submitted with
879the application for a Class "CC" license. The remaining 16 hours
880must be completed and an examination passed within 180 days. If
881documentation of completion of the required training is not
882submitted within the specified timeframe, the individual's
883license is automatically suspended or his or her authority to
884work as a Class "CC" pursuant to s. 493.6105(9) is rescinded
885until such time as proof of certificate of completion is
886provided to the department. The training course specified in
887this paragraph may be provided by face-to-face presentation,
888online technology, or a home study course in accordance with
889rules and procedures of the Department of Education. The
890administrator of the examination must verify the identity of
891each applicant taking the examination.
892     1.  Upon an applicant's successful completion of each part
893of the approved training course and passage of any required
894examination, the school, community college, college, or
895university shall issue a certificate of completion to the
896applicant. The certificates must be on a form established by
897rule of the department.
898     2.  The department shall establish by rule the general
899content of the professional training course and the examination
901     3.  If the license of an applicant for relicensure is has
902been invalid for more than 1 year, the applicant must complete
903the required training and pass any required examination.
904     (c)  An individual who submits an application for a Class
905"CC" license on or after September 1, 2008, through December 31,
9062010, who has not completed the 16-hour course must submit proof
907of successful completion of the course within 180 days after the
908date the application is submitted. If documentation of
909completion of the required training is not submitted by that
910date, the individual's license is automatically suspended until
911proof of the required training is submitted to the department.
912An individual licensed on or before August 31, 2008, is not
913required to complete additional training hours in order to renew
914an active license beyond the required total amount of training,
915and within the timeframe, in effect at the time he or she was
917     Section 20.  Subsection (3) of section 493.6302, Florida
918Statutes, is amended to read:
919     493.6302  Fees.-
920     (3)  The fees set forth in this section must be paid by
921certified check or money order or, at the discretion of the
922department, by agency check at the time the application is
923approved, except that the applicant for a Class "D," Class "G,"
924Class "M," or Class "MB" license must pay the license fee at the
925time the application is made. If a license is revoked or denied
926or if the application is withdrawn, the license fee shall not be
928     Section 21.  Subsection (4) of section 493.6303, Florida
929Statutes, is amended to read:
930     493.6303  License requirements.-In addition to the license
931requirements set forth elsewhere in this chapter, each
932individual or agency shall comply with the following additional
934     (4)(a)  Effective January 1, 2011, an applicant for a Class
935"D" license must submit proof of successful completion of
936complete a minimum of 40 hours of professional training at a
937school or training facility licensed by the department. The
938training must be provided in two parts, one 24-hour course and
939one 16-hour course. The department shall by rule establish the
940general content and number of hours of each subject area to be
942     (b)  An individual who submits an application for a Class
943"D" license on or after January 1, 2007, through December 31,
9442010, who has not completed the 16-hour course must submit proof
945of successful completion of the course within 180 days after the
946date the application is submitted. If documentation of
947completion of the required training is not submitted by that
948date, the individual's license is automatically suspended until
949proof of the required training is submitted to the department.
950This section does not require a person licensed before January
9511, 2007, to complete additional training hours in order to renew
952an active license beyond the required total amount of training
953within the timeframe prescribed by law at the time he or she was
954licensed. An applicant may fulfill the training requirement
955prescribed in paragraph (a) by submitting proof of:
956     1.  Successful completion of the total number of required
957hours of training before initial application for a Class "D"
958license; or
959     2.  Successful completion of 24 hours of training before
960initial application for a Class "D" license and successful
961completion of the remaining 16 hours of training within 180 days
962after the date that the application is submitted. If
963documentation of completion of the required training is not
964submitted within the specified timeframe, the individual's
965license is automatically suspended until such time as proof of
966the required training is provided to the department.
967     (c)  An individual However, any person whose license is
968suspended or has been revoked, suspended pursuant to paragraph
969(b) subparagraph 2., or is expired for at least 1 year, or
970longer is considered, upon reapplication for a license, an
971initial applicant and must submit proof of successful completion
972of 40 hours of professional training at a school or training
973facility licensed by the department as provided prescribed in
974paragraph (a) before a license is will be issued. Any person
975whose license was issued before January 1, 2007, and whose
976license has been expired for less than 1 year must, upon
977reapplication for a license, submit documentation of completion
978of the total number of hours of training prescribed by law at
979the time her or his initial license was issued before another
980license will be issued. This subsection does not require an
981individual licensed before January 1, 2007, to complete
982additional training hours in order to renew an active license,
983beyond the required total amount of training within the
984timeframe prescribed by law at the time she or he was licensed.
985     Section 22.  Subsection (2) of section 493.6304, Florida
986Statutes, is amended to read:
987     493.6304  Security officer school or training facility.-
988     (2)  The application shall be signed and verified by the
989applicant under oath as provided in s. 92.525 notarized and
990shall contain, at a minimum, the following information:
991     (a)  The name and address of the school or training
992facility and, if the applicant is an individual, her or his
993name, address, and social security or alien registration number.
994     (b)  The street address of the place at which the training
995is to be conducted.
996     (c)  A copy of the training curriculum and final
997examination to be administered.
998     Section 23.  Subsections (7) and (8) of section 493.6401,
999Florida Statutes, are amended to read:
1000     493.6401  Classes of licenses.-
1001     (7)  Any person who operates a recovery agent repossessor
1002school or training facility or who conducts an Internet-based
1003training course or a correspondence training course must have a
1004Class "RS" license.
1005     (8)  Any individual who teaches or instructs at a Class
1006"RS" recovery agent repossessor school or training facility
1007shall have a Class "RI" license.
1008     Section 24.  Paragraphs (f) and (g) of subsection (1) and
1009subsection (3) of section 493.6402, Florida Statutes, are
1010amended to read:
1011     493.6402  Fees.-
1012     (1)  The department shall establish by rule biennial
1013license fees which shall not exceed the following:
1014     (f)  Class "RS" license-recovery agent repossessor school
1015or training facility: $60.
1016     (g)  Class "RI" license-recovery agent repossessor school
1017or training facility instructor: $60.
1018     (3)  The fees set forth in this section must be paid by
1019certified check or money order, or, at the discretion of the
1020department, by agency check at the time the application is
1021approved, except that the applicant for a Class "E," Class "EE,"
1022or Class "MR" license must pay the license fee at the time the
1023application is made. If a license is revoked or denied, or if an
1024application is withdrawn, the license fee shall not be refunded.
1025     Section 25.  Subsections (1) and (2) of section 493.6406,
1026Florida Statutes, are amended to read:
1027     493.6406  Recovery agent Repossession services school or
1028training facility.-
1029     (1)  Any school, training facility, or instructor who
1030offers the training outlined in s. 493.6403(2) for Class "E" or
1031Class "EE" applicants shall, before licensure of such school,
1032training facility, or instructor, file with the department an
1033application accompanied by an application fee in an amount to be
1034determined by rule, not to exceed $60. The fee shall not be
1035refundable. This training may be offered as face-to-face
1036training, Internet-based training, or correspondence training.
1037     (2)  The application shall be signed and verified by the
1038applicant under oath as provided in s. 92.525 notarized and
1039shall contain, at a minimum, the following information:
1040     (a)  The name and address of the school or training
1041facility and, if the applicant is an individual, his or her
1042name, address, and social security or alien registration number.
1043     (b)  The street address of the place at which the training
1044is to be conducted or the street address of the Class "RS"
1045school offering Internet-based or correspondence training.
1046     (c)  A copy of the training curriculum and final
1047examination to be administered.
1048     Section 26.  Subsection (1) of section 500.033, Florida
1049Statutes, is amended to read:
1050     500.033  Florida Food Safety and Food Defense Advisory
1052     (1)  There is created the Florida Food Safety and Food
1053Defense Advisory Council for the purpose of serving as a forum
1054for presenting, investigating, and evaluating issues of current
1055importance to the assurance of a safe and secure food supply to
1056the citizens of Florida. The Florida Food Safety and Food
1057Defense Advisory Council shall consist of, but not be limited
1058to: the Commissioner of Agriculture or his or her designee; the
1059State Surgeon General or his or her designee; the Secretary of
1060Business and Professional Regulation or his or her designee; the
1061person responsible for domestic security with the Department of
1062Law Enforcement; members representing the production,
1063processing, distribution, and sale of foods; members
1064representing small farmers; consumers or members of citizens
1065groups; representatives of food industry groups; scientists or
1066other experts in aspects of food safety from state universities;
1067representatives from local, state, and federal agencies that are
1068charged with responsibilities for food safety or food defense;
1069the chairs of the Agriculture Committees of the Senate and the
1070House of Representatives or their designees; and the chairs of
1071the committees of the Senate and the House of Representatives
1072with jurisdictional oversight of home defense issues or their
1073designees. The Commissioner of Agriculture shall appoint the
1074remaining members. The council shall make periodic reports to
1075the Department of Agriculture and Consumer Services concerning
1076findings and recommendations in the area of food safety and food
1078     Section 27.  Paragraph (a) of subsection (2) of section
1079501.605, Florida Statutes, is amended to read:
1080     501.605  Licensure of commercial telephone sellers.-
1081     (2)  An applicant for a license as a commercial telephone
1082seller must submit to the department, in such form as it
1083prescribes, a written application for the license. The
1084application must set forth the following information:
1085     (a)  The true name, date of birth, driver's license number,
1086social security number, and home address of the applicant,
1087including each name under which he or she intends to do
1090The application shall be accompanied by a copy of any: Script,
1091outline, or presentation the applicant will require or suggest a
1092salesperson to use when soliciting, or, if no such document is
1093used, a statement to that effect; sales information or
1094literature to be provided by the applicant to a salesperson; and
1095sales information or literature to be provided by the applicant
1096to a purchaser in connection with any solicitation.
1097     Section 28.  Paragraph (a) of subsection (1) of section
1098501.607, Florida Statutes, is amended to read:
1099     501.607  Licensure of salespersons.-
1100     (1)  An applicant for a license as a salesperson must
1101submit to the department, in such form as it prescribes, a
1102written application for a license. The application must set
1103forth the following information:
1104     (a)  The true name, date of birth, driver's license number,
1105social security number, and home address of the applicant.
1106     Section 29.  Subsection (2) of section 501.913, Florida
1107Statutes, is amended to read:
1108     501.913  Registration.-
1109     (2)  The completed application shall be accompanied by:
1110     (a)  Specimens or facsimiles of the label for each brand of
1112     (b)  An application fee of $200 for each brand; and
1113     (c)  A properly labeled sample of at least 1 gallon, but
1114not more than 2 gallons, of each brand of antifreeze.
1115     Section 30.  Subsection (2) of section 525.01, Florida
1116Statutes, is amended to read:
1117     525.01  Gasoline and oil to be inspected.-
1118     (2)  All petroleum fuels are shall be subject to inspection
1119and analysis by the department. Before selling or offering for
1120sale in this state any petroleum fuel, all manufacturers,
1121terminal suppliers, wholesalers, and importers as defined in s.
1122206.01 jobbers shall file with the department:
1123     (a)  An affidavit that they desire to do business in this
1124state, and the name and address of the manufacturer of the
1125petroleum fuel.
1126     (b)  An affidavit stating that the petroleum fuel is in
1127conformity with the standards prescribed by department rule.
1128     Section 31.  Subsections (1) and (3) of section 525.09,
1129Florida Statutes, are amended to read:
1130     525.09  Inspection fee.-
1131     (1)  For the purpose of defraying the expenses incident to
1132inspecting, testing, and analyzing petroleum fuels in this
1133state, there shall be paid to the department a charge of one-
1134eighth cent per gallon on all gasoline, alternative fuel
1135containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
1136kerosene (except when used as aviation turbine fuel), and #1
1137fuel oil for sale or use in this state. This inspection fee
1138shall be imposed in the same manner as the motor fuel tax
1139pursuant to s. 206.41. Payment shall be made on or before the
114025th day of each month.
1141     (3)  All remittances to the department for the inspection
1142tax herein provided shall be accompanied by a detailed report
1143under oath showing the number of gallons of gasoline,
1144alternative fuel containing alcohol as defined in s.
1145525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
1146in each county.
1147     Section 32.  Section 526.50, Florida Statutes, is amended
1148to read:
1149     526.50  Definition of terms.-As used in this part:
1150     (1)  "Brake fluid" means the fluid intended for use as the
1151liquid medium through which force is transmitted in the
1152hydraulic brake system of a vehicle operated upon the highways.
1153     (2)  "Brand" means the product name appearing on the label
1154of a container of brake fluid.
1155     (3)(5)  "Container" means any receptacle in which brake
1156fluid is immediately contained when sold, but does not mean a
1157carton or wrapping in which a number of such receptacles are
1158shipped or stored or a tank car or truck.
1159     (4)(2)  "Department" means the Department of Agriculture
1160and Consumer Services.
1161     (5)  "Formula" means the name of the chemical mixture or
1162composition of the brake fluid product.
1163     (6)(4)  "Labeling" includes all written, printed or graphic
1164representations, in any form whatsoever, imprinted upon or
1165affixed to any container of brake fluid.
1166     (7)(6)  "Permit year" means a period of 12 months
1167commencing July 1 and ending on the next succeeding June 30.
1168     (8)(7)  "Registrant" means any manufacturer, packer,
1169distributor, seller, or other person who has registered a brake
1170fluid with the department.
1171     (9)(3)  "Sell" includes give, distribute, barter, exchange,
1172trade, keep for sale, offer for sale or expose for sale, in any
1173of their variant forms.
1174     Section 33.  Paragraph (a) of subsection (1) of section
1175526.51, Florida Statutes, is amended to read:
1176     526.51  Registration; renewal and fees; departmental
1177expenses; cancellation or refusal to issue or renew.-
1178     (1)(a)  Application for registration of each brand of brake
1179fluid shall be made on forms to be supplied by the department.
1180The applicant shall give his or her name and address and the
1181brand name of the brake fluid, state that he or she owns the
1182brand name and has complete control over the product sold
1183thereunder in Florida, and provide the name and address of the
1184resident agent in Florida. If the applicant does not own the
1185brand name but wishes to register the product with the
1186department, a notarized affidavit that gives the applicant full
1187authorization to register the brand name and that is signed by
1188the owner of the brand name must accompany the application for
1189registration. The affidavit must include all affected brand
1190names, the owner's company or corporate name and address, the
1191applicant's company or corporate name and address, and a
1192statement from the owner authorizing the applicant to register
1193the product with the department. The owner of the brand name
1194shall maintain complete control over each product sold under
1195that brand name in this state. All first-time brand-formula
1196combination new product applications must be accompanied by a
1197certified report from an independent testing laboratory, setting
1198forth the analysis of the brake fluid which shall show its
1199quality to be not less than the specifications established by
1200the department for brake fluids. A sample of not less than 24
1201fluid ounces of brake fluid shall be submitted, in a container
1202or containers, with labels representing exactly how the
1203containers of brake fluid will be labeled when sold, and the
1204sample and container shall be analyzed and inspected by the
1205Division of Standards in order that compliance with the
1206department's specifications and labeling requirements may be
1207verified. Upon approval of the application, the department shall
1208register the brand name of the brake fluid and issue to the
1209applicant a permit authorizing the registrant to sell the brake
1210fluid in this state during the permit year specified in the
1212     Section 34.  Paragraph (a) of subsection (3) of section
1213526.52, Florida Statutes, is amended to read:
1214     526.52  Specifications; adulteration and misbranding.-
1215     (3)  Brake fluid is deemed to be misbranded:
1216     (a)  If its container does not bear on its side or top a
1217label on which is printed the name and place of business of the
1218registrant of the product, the words "brake fluid," and a
1219statement that the product therein equals or exceeds the minimum
1220specification of the Society of Automotive Engineers for heavy-
1221duty-type brake fluid or equals or exceeds Federal Motor Vehicle
1222Safety Standard No. 116 adopted by the United States Department
1223of Transportation, heavy-duty-type. By regulation the department
1224may require that the duty-type classification appear on the
1226     Section 35.  Subsection (2) of section 526.53, Florida
1227Statutes, is amended to read:
1228     526.53  Enforcement; inspection and analysis, stop-sale and
1229disposition, regulations.-
1230     (2)(a)  When any brake fluid is sold in violation of any of
1231the provisions of this part, all such affected brake fluid of
1232the same brand name on the same premises on which the violation
1233occurred shall be placed under a stop-sale order by the
1234department by serving the owner of the brand name, distributor,
1235or other entity responsible for selling or distributing the
1236product in the state with the stop-sale order. The department
1237shall withdraw its stop-sale order upon the removal of the
1238violation or upon voluntary destruction of the product, or other
1239disposal approved by the department, under the supervision of
1240the department.
1241     (b)  In addition to being subject to the stop-sale
1242procedures above, unregistered brake fluid shall be held by the
1243department or its representative, at a place to be designated in
1244the stop-sale order, until properly registered and released in
1245writing by the department or its representative. If application
1246is has not been made for registration of the such product within
124730 days after issue of the stop-sale order, such product shall
1248be disposed of by the department, or, with the department's
1249consent, by the business, to any tax-supported institution or
1250agency of the state if the brake fluid meets legal
1251specifications or by other disposal authorized by rule of the
1252department if it fails to meet legal specifications.
1253     Section 36.  Subsections (1) and (3) and paragraphs (a) and
1254(c) of subsection (5) of section 527.0201, Florida Statutes, are
1255amended to read:
1256     527.0201  Qualifiers; master qualifiers; examinations.-
1257     (1)  In addition to the requirements of s. 527.02, any
1258person applying for a license to engage in the activities of a
1259pipeline system operator, category I liquefied petroleum gas
1260dealer, category II liquefied petroleum gas dispenser, category
1261IV liquefied petroleum gas dispenser and recreational vehicle
1262servicer, category V liquefied petroleum gases dealer for
1263industrial uses only, LP gas installer, specialty installer,
1264requalifier requalification of cylinders, or fabricator,
1265repairer, and tester of vehicles and cargo tanks must prove
1266competency by passing a written examination administered by the
1267department or its agent with a grade of at least 75 percent in
1268each area tested or above. Each applicant for examination shall
1269submit a $20 nonrefundable fee. The department shall by rule
1270specify the general areas of competency to be covered by each
1271examination and the relative weight to be assigned in grading
1272each area tested.
1273     (3)  Qualifier cards issued to category I liquefied
1274petroleum gas dealers and liquefied petroleum gas installers
1275shall expire 3 years after the date of issuance. All category I
1276liquefied petroleum gas dealer qualifiers and liquefied
1277petroleum gas installer qualifiers holding a valid qualifier
1278card upon the effective date of this act shall retain their
1279qualifier status until July 1, 2003, and may sit for the master
1280qualifier examination at any time during that time period. All
1281such category I liquefied petroleum gas dealer qualifiers and
1282liquefied petroleum gas installer qualifiers may renew their
1283qualification on or before July 1, 2003, upon application to the
1284department, payment of a $20 renewal fee, and documentation of
1285the completion of a minimum of 16 12 hours of approved
1286continuing education courses, as defined by department rule,
1287during the previous 3-year period. Applications for renewal must
1288be made 30 calendar days prior to expiration. Persons failing to
1289renew prior to the expiration date must reapply and take a
1290qualifier competency examination in order to reestablish
1291category I liquefied petroleum gas dealer qualifier and
1292liquefied petroleum gas installer qualifier status. If a
1293category I liquefied petroleum gas qualifier or liquefied
1294petroleum gas installer qualifier becomes a master qualifier at
1295any time during the effective date of the qualifier card, the
1296card shall remain in effect until expiration of the master
1297qualifier certification.
1298     (5)  In addition to all other licensing requirements, each
1299category I liquefied petroleum gas dealer and liquefied
1300petroleum gas installer must, at the time of application for
1301licensure, identify to the department one master qualifier who
1302is a full-time employee at the licensed location. This person
1303shall be a manager, owner, or otherwise primarily responsible
1304for overseeing the operations of the licensed location and must
1305provide documentation to the department as provided by rule. The
1306master qualifier requirement shall be in addition to the
1307requirements of subsection (1).
1308     (a)  In order to apply for certification as a master
1309qualifier, each applicant must be a category I liquefied
1310petroleum gas dealer qualifier or liquefied petroleum gas
1311installer qualifier, must be employed by a licensed category I
1312liquefied petroleum gas dealer, liquefied petroleum gas
1313installer, or applicant for such license, must provide
1314documentation of a minimum of 1 year's work experience in the
1315gas industry, and must pass a master qualifier competency
1316examination. Master qualifier examinations shall be based on
1317Florida's laws, rules, and adopted codes governing liquefied
1318petroleum gas safety, general industry safety standards, and
1319administrative procedures. The examination must be successfully
1320passed completed by the applicant with a grade of at least 75
1321percent or more. Each applicant for master qualifier status
1322shall submit to the department a nonrefundable $30 examination
1323fee prior to the examination.
1324     (c)  Master qualifier status shall expire 3 years after the
1325date of issuance of the certificate and may be renewed by
1326submission to the department of documentation of completion of
1327at least 16 12 hours of approved continuing education courses
1328during the 3-year period; proof of employment with a licensed
1329category I liquefied petroleum gas dealer, liquefied petroleum
1330gas installer, or applicant; and a $30 certificate renewal fee.
1331The department shall define, by rule, approved courses of
1332continuing education.
1333     Section 37.  Section 527.12, Florida Statutes, is amended
1334to read:
1335     527.12  Cease and desist orders; stop-use orders; stop-
1336operation orders; stop-sale orders; administrative fines.-
1337     (1)  Whenever the department has shall have reason to
1338believe that any person is violating or has violated been
1339violating provisions of this chapter or any rules adopted under
1340this chapter pursuant thereto, the department it may issue a
1341cease and desist order, or impose a civil penalty, or do both
1342may issue such cease and desist order and impose a civil
1344     (2)  Whenever a person or liquefied petroleum gas system or
1345storage facility, or any part or component thereof, fails to
1346comply with this chapter or any rules adopted under this
1347chapter, the department may issue a stop-use order, stop-
1348operation order, or stop-sale order.
1349     Section 38.  Subsection (1) of section 559.805, Florida
1350Statutes, is amended to read:
1351     559.805  Filings with the department; disclosure of
1352advertisement identification number.-
1353     (1)  Every seller of a business opportunity shall annually
1354file with the department a copy of the disclosure statement
1355required by s. 559.803 before prior to placing an advertisement
1356or making any other representation designed to offer to, sell
1357to, or solicit an offer to buy a business opportunity from a
1358prospective purchaser in this state and shall update this filing
1359by reporting any material change in the required information
1360within 30 days after the material change occurs. An
1361advertisement is not placed in the state merely because the
1362publisher circulates, or there is circulated on his or her
1363behalf in the state, any bona fide newspaper or other
1364publication of general, regular, and paid circulation which has
1365had more than two-thirds of its circulation during the past 12
1366months outside the state or because a radio or television
1367program originating outside the state is received in the state.
1368If the seller is required by s. 559.807 to provide a bond or
1369establish a trust account or guaranteed letter of credit, he or
1370she shall contemporaneously file with the department a copy of
1371the bond, a copy of the formal notification by the depository
1372that the trust account is established, or a copy of the
1373guaranteed letter of credit. Every seller of a business
1374opportunity shall file with the department a list of independent
1375agents who will engage in the offer or sale of business
1376opportunities on behalf of the seller in this state. This list
1377must be kept current and shall include the following
1378information: name, home and business address, telephone number,
1379present employer, social security number, and birth date. A No
1380person may not shall be allowed to offer or sell business
1381opportunities unless the required information is has been
1382provided to the department.
1383     Section 39.  Subsection (3) of section 559.928, Florida
1384Statutes, is amended to read:
1385     559.928  Registration.-
1386     (3)  Each independent agent shall annually file an
1387affidavit with the department before prior to engaging in
1388business in this state. This affidavit must include the
1389independent agent's full name, legal business or trade name,
1390mailing address, business address, telephone number, social
1391security number, and the name or names and addresses of each
1392seller of travel represented by the independent agent. A letter
1393evidencing proof of filing must be issued by the department and
1394must be prominently displayed in the independent agent's primary
1395place of business. Each independent agent must also submit an
1396annual registration fee of $50. All moneys collected pursuant to
1397the imposition of the fee shall be deposited by the Chief
1398Financial Officer into the General Inspection Trust Fund of the
1399Department of Agriculture and Consumer Services for the sole
1400purpose of administrating this part. As used in this subsection,
1401the term "independent agent" means a person who represents a
1402seller of travel by soliciting persons on its behalf; who has a
1403written contract with a seller of travel which is operating in
1404compliance with this part and any rules adopted thereunder; who
1405does not receive a fee, commission, or other valuable
1406consideration directly from the purchaser for the seller of
1407travel; who does not at any time have any unissued ticket stock
1408or travel documents in his or her possession; and who does not
1409have the ability to issue tickets, vacation certificates, or any
1410other travel document. The term "independent agent" does not
1411include an affiliate of the seller of travel, as that term is
1412used in s. 559.935(3), or the employees of the seller of travel
1413or of such affiliates.
1414     Section 40.  Paragraph (c) of subsection (16) of section
1415570.07, Florida Statutes, is amended to read:
1416     570.07  Department of Agriculture and Consumer Services;
1417functions, powers, and duties.-The department shall have and
1418exercise the following functions, powers, and duties:
1419     (16)  To enforce the state laws and rules relating to:
1420     (c)  Registration, labeling, inspection, sale, and analysis
1421of commercial stock feeds and commercial fertilizers;
1423In order to ensure uniform health and safety standards, the
1424adoption of standards and fines in the subject areas of
1425paragraphs (a)-(n) is expressly preempted to the state and the
1426department. Any local government enforcing the subject areas of
1427paragraphs (a)-(n) must use the standards and fines set forth in
1428the pertinent statutes or any rules adopted by the department
1429pursuant to those statutes.
1430     Section 41.  Subsection (7) of section 570.0725, Florida
1431Statutes, is amended to read:
1432     570.0725  Food recovery; legislative intent; department
1434     (7)  For public information purposes, the department may
1435shall develop and provide a public information brochure
1436detailing the need for food banks and similar of food recovery
1437programs, the benefit of such food recovery programs, the manner
1438in which such organizations may become involved in such food
1439recovery programs, and the protection afforded to such programs
1440under s. 768.136, and the food recovery entities or food banks
1441that exist in the state. This brochure must be updated annually.
1442A food bank or similar food recovery organization seeking to be
1443included on a list of such organizations must notify the
1444department and provide the information required by rule of the
1445department. Such organizations are responsible for updating the
1446information and providing the updated information to the
1447department. The department may adopt rules to implement this
1449     Section 42.  Paragraph (e) of subsection (6) of section
1450570.53, Florida Statutes, is amended to read:
1451     570.53  Division of Marketing and Development; powers and
1452duties.-The powers and duties of the Division of Marketing and
1453Development include, but are not limited to:
1454     (6)
1455     (e)  Extending in every practicable way the distribution
1456and sale of Florida agricultural products throughout the markets
1457of the world as required of the department by s. ss. 570.07(7),
1458(8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
1459     Section 43.  Subsection (2) of section 570.54, Florida
1460Statutes, is amended to read:
1461     570.54  Director; duties.-
1462     (2)  It shall be the duty of the director of this division
1463to supervise, direct, and coordinate the activities authorized
1464by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
1465(20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
1466chapters 504, 571, 573, and 574 and to exercise other powers and
1467authority as authorized by the department.
1468     Section 44.  Subsection (4) of section 570.55, Florida
1469Statutes, is amended to read:
1470     570.55  Identification of sellers or handlers of tropical
1471or subtropical fruit and vegetables; containers specified;
1473     (4)  IDENTIFICATION OF HANDLER.-At the time of each
1474transaction involving the handling or sale of 55 pounds or more
1475of tropical or subtropical fruit or vegetables in the primary
1476channel of trade, the buyer or receiver of the tropical or
1477subtropical fruit or vegetables shall demand a bill of sale,
1478invoice, sales memorandum, or other document listing the date of
1479the transaction, the quantity of the tropical or subtropical
1480fruit or vegetables involved in the transaction, and the
1481identification of the seller or handler as it appears on the
1482driver's license of the seller or handler, including the
1483driver's license number. If the seller or handler does not
1484possess a driver's license, the buyer or receiver shall use any
1485other acceptable means of identification, which may include, but
1486is not limited to, i.e., voter's registration card and number,
1487draft card, social security card, or other identification.
1488However, no less than two identification documents shall be
1489used. The identification of the seller or handler shall be
1490recorded on the bill of sale, sales memorandum, invoice, or
1491voucher, which shall be retained by the buyer or receiver for a
1492period of not less than 1 year from the date of the transaction.
1493     Section 45.  Subsection (3) of section 570.902, Florida
1494Statutes, is amended to read:
1495     570.902  Definitions; ss. 570.902 and 570.903.-For the
1496purpose of ss. 570.902 and 570.903:
1497     (3)  "Museum" means the Florida Agricultural Museum which
1498is designated as the museum for agriculture and rural history of
1499the State of Florida.
1500     Section 46.  Section 570.903, Florida Statutes, is amended
1501to read:
1502     570.903  Direct-support organization.-
1503     (1)  When the Legislature authorizes the establishment of a
1504direct-support organization to provide assistance for the
1505museums, the Florida Agriculture in the Classroom Program, the
1506Florida State Collection of Arthropods, the Friends of the
1507Florida State Forests Program of the Division of Forestry, and
1508the Forestry Arson Alert Program, and other programs of the
1509department, the following provisions shall govern the creation,
1510use, powers, and duties of the direct-support organization.
1511     (a)  The department shall enter into a memorandum or letter
1512of agreement with the direct-support organization, which shall
1513specify the approval of the department, the powers and duties of
1514the direct-support organization, and rules with which the
1515direct-support organization shall comply.
1516     (b)  The department may permit, without charge, appropriate
1517use of property, facilities, and personnel of the department by
1518a direct-support organization, subject to the provisions of ss.
1519570.902 and 570.903. The use shall be directly in keeping with
1520the approved purposes of the direct-support organization and
1521shall not be made at times or places that would unreasonably
1522interfere with opportunities for the general public to use
1523department facilities for established purposes.
1524     (c)  The department shall prescribe by contract or by rule
1525conditions with which a direct-support organization shall comply
1526in order to use property, facilities, or personnel of the
1527department or museum. Such rules shall provide for budget and
1528audit review and oversight by the department.
1529     (d)  The department shall not permit the use of property,
1530facilities, or personnel of the museum, department, or
1531designated program by a direct-support organization which does
1532not provide equal employment opportunities to all persons
1533regardless of race, color, religion, sex, age, or national
1535     (2)(a)  The direct-support organization shall be empowered
1536to conduct programs and activities; raise funds; request and
1537receive grants, gifts, and bequests of money; acquire, receive,
1538hold, invest, and administer, in its own name, securities,
1539funds, objects of value, or other property, real or personal;
1540and make expenditures to or for the direct or indirect benefit
1541of the museum or designated program.
1542     (b)  Notwithstanding the provisions of s. 287.057, the
1543direct-support organization may enter into contracts or
1544agreements with or without competitive bidding for the
1545restoration of objects, historical buildings, and other
1546historical materials or for the purchase of objects, historical
1547buildings, and other historical materials which are to be added
1548to the collections of the museum, or benefit of the designated
1549program. However, before the direct-support organization may
1550enter into a contract or agreement without competitive bidding,
1551the direct-support organization shall file a certification of
1552conditions and circumstances with the internal auditor of the
1553department justifying each contract or agreement.
1554     (c)  Notwithstanding the provisions of s. 287.025(1)(e),
1555the direct-support organization may enter into contracts to
1556insure property of the museum or designated programs and may
1557insure objects or collections on loan from others in satisfying
1558security terms of the lender.
1559     (3)  The direct-support organization shall provide for an
1560annual financial audit in accordance with s. 215.981.
1561     (4)  Neither a designated program or a museum, nor a
1562nonprofit corporation trustee or employee may:
1563     (a)  Receive a commission, fee, or financial benefit in
1564connection with the sale or exchange of property historical
1565objects or properties to the direct-support organization, the
1566museum, or the designated program; or
1567     (b)  Be a business associate of any individual, firm, or
1568organization involved in the sale or exchange of property to the
1569direct-support organization, the museum, or the designated
1571     (5)  All moneys received by the direct-support organization
1572shall be deposited into an account of the direct-support
1573organization and shall be used by the organization in a manner
1574consistent with the goals of the museum or designated program.
1575     (6)  The identity of a donor or prospective donor who
1576desires to remain anonymous and all information identifying such
1577donor or prospective donor are confidential and exempt from the
1578provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1580     (7)  The Commissioner of Agriculture, or the commissioner's
1581designee, may serve on the board of trustees and the executive
1582committee of any direct-support organization established to
1583benefit the museum or any designated program.
1584     (8)  The department shall establish by rule archival
1585procedures relating to museum artifacts and records. The rules
1586shall provide procedures which protect the museum's artifacts
1587and records equivalent to those procedures which have been
1588established by the Department of State under chapters 257 and
1590     Section 47.  Subsection (4) of section 573.118, Florida
1591Statutes, is amended to read:
1592     573.118  Assessment; funds; audit; loans.-
1593     (4)  In the event of levying and collecting of assessments,
1594for each fiscal year in which assessment funds are received by
1595the department, the department shall maintain records of
1596collections and expenditures for each marketing order separately
1597within the state's accounting system. If requested by an
1598advisory council, department staff shall cause to be made a
1599thorough annual audit of the books and accounts by a certified
1600public accountant, such audit to be completed within 60 days
1601after the request is received end of the fiscal year. The
1602advisory council department and all producers and handlers
1603covered by the marketing order shall be provided a copy of the
1604properly advised of the details of the annual official audit of
1605the accounts as shown by the certified public accountant within
160630 days after completion of the audit.
1607     Section 48.  Subsections (18) through (30) of section
1608581.011, Florida Statutes, are renumbered as subsections (17)
1609through (29), respectively, and present subsections (17) and
1610(20) of that section are amended to read:
1611     581.011  Definitions.-As used in this chapter:
1612     (17)  "Museum" means the Florida State Collection of
1614     (19)(20)  "Nursery" means any grounds or premises on or in
1615which nursery stock is grown, propagated, or held for sale or
1616distribution, including except where aquatic plant species are
1617tended for harvest in the natural environment.
1618     Section 49.  Paragraph (a) of subsection (3) of section
1619581.211, Florida Statutes, is amended to read:
1620     581.211  Penalties for violations.-
1621     (3)(a)1.  In addition to any other provision of law, the
1622department may, after notice and hearing, impose an
1623administrative fine not exceeding $10,000 $5,000 for each
1624violation of this chapter, upon any person, nurseryman, stock
1625dealer, agent or plant broker. The fine, when paid, shall be
1626deposited in the Plant Industry Trust Fund. In addition, the
1627department may place the violator on probation for up to 1 year,
1628with conditions.
1629     2.  The imposition of a fine or probation pursuant to this
1630subsection may be in addition to or in lieu of the suspension or
1631revocation of a certificate of registration or certificate of
1633     Section 50.  Section 583.13, Florida Statutes, is amended
1634to read:
1635     583.13  Labeling and advertising requirements for dressed
1636poultry; unlawful acts.-
1637     (1)  It is unlawful for any dealer or broker to sell, offer
1638for sale, or hold for the purpose of sale in the state any
1639dressed or ready-to-cook poultry in bulk unless the such poultry
1640is packed in a container clearly bearing a label, not less than
16413 inches by 5 inches, on which shall be plainly and legibly
1642printed, in letters of not less than 1/4 inch high in height,
1643the grade and the part name or whole-bird statement of such
1644poultry. The grade may be expressed in the term "premium,"
1645"good," or "standard," or as the grade of another state or
1646federal agency the standards of quality of which, by law, are
1647equal to the standards of quality provided by this law and rules
1648promulgated hereunder.
1649     (2)  It is unlawful to sell unpackaged dressed or ready-to-
1650cook poultry at retail unless such poultry is labeled by a
1651placard immediately adjacent to the poultry or unless each bird
1652is individually labeled to show the grade and the part name or
1653whole-bird statement. The placard shall be no smaller than 7
1654inches by 7 inches in size, and the required labeling
1655information shall be legibly and plainly printed on the placard
1656in letters not smaller than 1 inch in height.
1657     (3)  It is unlawful to sell packaged dressed or ready-to-
1658cook poultry at retail unless such poultry is labeled to show
1659the grade, the part name or whole-bird statement, the net weight
1660of the poultry, and the name and address of the dealer. The size
1661of the type on the label must be one-eighth inch or larger. A
1662placard immediately adjacent to such poultry may be used to
1663indicate the grade and the part name or whole-bird statement,
1664but not the net weight of the poultry or the name and address of
1665the dealer.
1666     (4)  It is unlawful to use dressed or ready-to-cook poultry
1667in bulk in the preparation of food served to the public, or to
1668hold such poultry for the purpose of such use, unless the
1669poultry when received was packed in a container clearly bearing
1670a label, not less than 3 inches by 5 inches, on which was
1671plainly and legibly printed, in letters not less than 1/4 one-
1672fourth inch high in height, the grade and the part name or
1673whole-bird statement of such poultry. The grade may be expressed
1674in the term "premium," "good," or "standard," or as the grade of
1675another state or federal agency the standards of quality of
1676which, by law, are equal to the standards of quality provided by
1677this law and rules promulgated hereunder.
1678     (5)  It is unlawful to offer dressed or ready-to-cook
1679poultry for sale in any advertisement in a newspaper or
1680circular, on radio or television, or in any other form of
1681advertising without plainly designating in such advertisement
1682the grade and the part name or whole-bird statement of such
1684     Section 51.  Subsection (1) of section 585.61, Florida
1685Statutes, is amended to read:
1686     585.61  Animal disease diagnostic laboratories.-
1687     (1)  There is hereby created and established an animal
1688disease diagnostic laboratory in Osceola County and Suwannee
1689County. The laboratory complex in Osceola County is designated
1690as the "Bronson Animal Disease Diagnostic Laboratory."
1691     Section 52.  Subsections (4) and (5) of section 590.125,
1692Florida Statutes, are renumbered as subsections (5) and (6),
1693respectively, subsection (1), paragraph (b) of subsection (3),
1694and paragraph (c) of present subsection (4) are amended, and new
1695subsections (4) and (7) are added to that section, to read:
1696     590.125  Open burning authorized by the division.-
1697     (1)  DEFINITIONS.-As used in this section, the term:
1698     (a)  "Certified pile burner" means an individual who
1699successfully completes the division's pile burning certification
1700program and possesses a valid pile burner certification number.
1701     (b)  "Certified prescribed burn manager" means an
1702individual who successfully completes the certified prescribed
1703burning certification program of the division and possesses a
1704valid certification number.
1705     (c)(d)  "Extinguished" means:
1706     1.  that no spreading flame For wild land burning or
1707certified prescribed burning, that no spreading flames exist.
1708     2.  and no visible flame, smoke, or emissions For
1709vegetative land-clearing debris burning or pile burning, that no
1710visible flames exist.
1711     3.  For vegetative land-clearing debris burning or pile
1712burning in an area designated as smoke sensitive by the
1713division, that no visible flames, smoke, or emissions exist.
1714     (d)  "Land-clearing operation" means the uprooting or
1715clearing of vegetation in connection with the construction of
1716buildings and rights-of-way, land development, and mineral
1717operations. The term does not include the clearing of yard
1719     (e)  "Pile burning" means the burning of silvicultural,
1720agricultural, or land-clearing and tree-cutting debris
1721originating onsite, which is stacked together in a round or
1722linear fashion, including, but not limited to, a windrow.
1723     (f)(a)  "Prescribed burning" means the controlled
1724application of fire in accordance with a written prescription
1725for vegetative fuels under specified environmental conditions
1726while following appropriate precautionary measures that ensure
1727that the fire is confined to a predetermined area to accomplish
1728the planned fire or land-management objectives.
1729     (g)(c)  "Prescription" means a written plan establishing
1730the criteria necessary for starting, controlling, and
1731extinguishing a prescribed burn.
1732     (h)  "Yard trash" means vegetative matter resulting from
1733landscaping and yard maintenance operations and other such
1734routine property cleanup activities. The term includes materials
1735such as leaves, shrub trimmings, grass clippings, brush, and
1736palm fronds.
1739     (b)  Certified prescribed burning pertains only to
1740broadcast burning for purposes of silviculture, wildlife
1741management, ecological maintenance and restoration, and range
1742and pasture management. It must be conducted in accordance with
1743this subsection and:
1744     1.  May be accomplished only when a certified prescribed
1745burn manager is present on site with a copy of the prescription
1746from ignition of the burn to its completion.
1747     2.  Requires that a written prescription be prepared before
1748receiving authorization to burn from the division.
1749     3.  Requires that the specific consent of the landowner or
1750his or her designee be obtained before requesting an
1752     4.  Requires that an authorization to burn be obtained from
1753the division before igniting the burn.
1754     5.  Requires that there be adequate firebreaks at the burn
1755site and sufficient personnel and firefighting equipment for the
1756control of the fire.
1757     6.  Is considered to be in the public interest and does not
1758constitute a public or private nuisance when conducted under
1759applicable state air pollution statutes and rules.
1760     7.  Is considered to be a property right of the property
1761owner if vegetative fuels are burned as required in this
1765     (a)  Pile burning is a tool that benefits current and
1766future generations in Florida by disposing of naturally
1767occurring vegetative debris through burning rather than
1768disposing of the debris in landfills.
1769     (b)  Certified pile burning pertains to the disposal of
1770piled, naturally occurring debris from an agricultural,
1771silvicultural, or temporary land-clearing operation. A land-
1772clearing operation is temporary if it operates for 6 months or
1773less. Certified pile burning must be conducted in accordance
1774with this subsection, and:
1775     1.  A certified pile burner must ensure, before ignition,
1776that the piles are properly placed and that the content of the
1777piles is conducive to efficient burning.
1778     2.  A certified pile burner must ensure that the piles are
1779properly extinguished no later than 1 hour after sunset. If the
1780burn is conducted in an area designated by the division as smoke
1781sensitive, a certified pile burner must ensure that the piles
1782are properly extinguished at least 1 hour before sunset.
1783     3.  A written pile burn plan must be prepared before
1784receiving authorization from the division to burn.
1785     4.  The specific consent of the landowner or his or her
1786agent must be obtained before requesting authorization to burn.
1787     5.  An authorization to burn must be obtained from the
1788division or its designated agent before igniting the burn.
1789     6.  There must be adequate firebreaks and sufficient
1790personnel and firefighting equipment at the burn site to control
1791the fire.
1792     (c)  If a burn is conducted in accordance with this
1793subsection, the property owner and his or her agent are not
1794liable under s. 590.13 for damage or injury caused by the fire
1795or resulting smoke, and are not in violation of subsection (2),
1796unless gross negligence is proven.
1797     (d)  A certified pile burner who violates this section
1798commits a misdemeanor of the second degree, punishable as
1799provided in s. 775.082 or s. 775.083.
1800     (e)  The division shall adopt rules regulating certified
1801pile burning. The rules shall include procedures and criteria
1802for certifying and decertifying certified pile burn managers
1803based on past experience, training, and record of compliance
1804with this section.
1806DIVISION.-The division may conduct fuel reduction initiatives,
1807including, but not limited to, burning and mechanical and
1808chemical treatment, on any area of wild land within the state
1809which is reasonably determined to be in danger of wildfire in
1810accordance with the following procedures:
1811     (c)  Prepare, and send the county tax collector shall
1812include with the annual tax statement, a notice to be sent to
1813all landowners in each area township designated by the division
1814as a wildfire hazard area. The notice must describe particularly
1815the area to be treated and the tentative date or dates of the
1816treatment and must list the reasons for and the expected
1817benefits from the wildfire hazard reduction.
1820     (a)  A county or municipality may exercise the division's
1821authority, if delegated by the division under this subsection,
1822to issue authorizations for the burning of yard trash or debris
1823from land-clearing operations. A county's or municipality's
1824existing or proposed open burning authorization program must:
1825     1.  Be approved by the division. The division shall not
1826approve a program if it fails to meet the requirements of
1827subsections (2) and (4) and any rules adopted under those
1829     2.  Provide by ordinance or local law the requirements for
1830obtaining and performing a burn authorization that comply with
1831subsections (2) and (4) and any rules adopted under those
1833     3.  Provide for the enforcement of the program's
1835     4.  Provide financial, personnel, and other resources
1836needed to carry out the program.
1837     (b)  If the division determines that a county's or
1838municipality's open burning authorization program does not
1839comply with subsections (2) and (4) and any rules adopted under
1840those subsections, the division shall require the county or
1841municipality to take necessary corrective actions within a
1842reasonable period, not to exceed 90 days.
1843     1.  If the county or municipality fails to take the
1844necessary corrective actions within the required period, the
1845division shall resume administration of the open burning
1846authorization program in the county or municipality and the
1847county or municipality shall cease administration of its
1849     2.  Each county and municipality administering an open
1850burning authorization program must cooperate with and assist the
1851division in carrying out the division's powers, duties, and
1853     3.  A person who violates the requirements of a county's or
1854municipality's open burning authorization program, as provided
1855by ordinance or local law enacted pursuant to this section,
1856commits a violation of this chapter, punishable as provided in
1857s. 590.14.
1858     Section 53.  Section 590.14, Florida Statutes, is amended
1859to read:
1860     590.14  Notice of violation; penalties.-
1861     (1)  If a division employee determines that a person has
1862violated chapter 589, or this chapter, or any rule adopted by
1863the division to administer provisions of law conferring duties
1864upon the division, the division employee he or she may issue a
1865notice of violation indicating the statute violated. This notice
1866will be filed with the division and a copy forwarded to the
1867appropriate law enforcement entity for further action if
1869     (2)  In addition to any penalties provided by law, any
1870person who causes a wildfire or permits any authorized fire to
1871escape the boundaries of the authorization or to burn past the
1872time of the authorization is liable for the payment of all
1873reasonable costs and expenses incurred in suppressing the fire
1874or $150, whichever is greater. All costs and expenses incurred
1875by the division shall be payable to the division. When such
1876costs and expenses are not paid within 30 days after demand, the
1877division may take proper legal proceedings for the collection of
1878the costs and expenses. Those costs incurred by an agency acting
1879at the division's direction are recoverable by that agency.
1880     (3)  The department may also impose an administrative fine,
1881not to exceed $1,000 per violation of any section of chapter 589
1882or this chapter or violation of any rule adopted by the division
1883to administer provisions of law conferring duties upon the
1884division. The fine shall be based upon the degree of damage, the
1885prior violation record of the person, and whether the person
1886knowingly provided false information to obtain an authorization.
1887The fines shall be deposited in the Incidental Trust Fund of the
1889     (4)  A person may not:
1890     (a)  Fail to comply with any rule or order adopted by the
1891division to administer provisions of law conferring duties upon
1892the division; or
1893     (b)  Knowingly make any false statement or representation
1894in any application, record, plan, or other document required by
1895this chapter or any rules adopted under this chapter.
1896     (5)  A person who violates paragraph (4)(a) or paragraph
1897(4)(b) commits a misdemeanor of the second degree, punishable as
1898provided in s. 775.082 or s. 775.083.
1899     (6)  It is the intent of the Legislature that a penalty
1900imposed by a court under subsection (5) be of a severity that
1901ensures immediate and continued compliance with this section.
1902     (7)(4)  The penalties provided in this section shall extend
1903to both the actual violator and the person or persons, firm, or
1904corporation causing, directing, or permitting the violation.
1905     Section 54.  Paragraph (a) of subsection (1) of section
1906599.004, Florida Statutes, is amended to read:
1907     599.004  Florida Farm Winery Program; registration; logo;
1909     (1)  The Florida Farm Winery Program is established within
1910the Department of Agriculture and Consumer Services. Under this
1911program, a winery may qualify as a tourist attraction only if it
1912is registered with and certified by the department as a Florida
1913Farm Winery. A winery may not claim to be certified unless it
1914has received written approval from the department.
1915     (a)  To qualify as a certified Florida Farm Winery, a
1916winery shall meet the following standards:
1917     1.  Produce or sell less than 250,000 gallons of wine
1919     2.  Maintain a minimum of 10 acres of owned or managed land
1920vineyards in Florida which produces commodities used in the
1921production of wine.
1922     3.  Be open to the public for tours, tastings, and sales at
1923least 30 hours each week.
1924     4.  Make annual application to the department for
1925recognition as a Florida Farm Winery, on forms provided by the
1927     5.  Pay an annual application and registration fee of $100.
1928     Section 55.  Subsection (1) of section 604.15, Florida
1929Statutes, is amended, and subsection (11) is added to that
1930section, to read:
1931     604.15  Dealers in agricultural products; definitions.-For
1932the purpose of ss. 604.15-604.34, the following words and terms,
1933when used, shall be construed to mean:
1934     (1)  "Agricultural products" means the natural products of
1935the farm, nursery, grove, orchard, vineyard, garden, and apiary
1936(raw or manufactured); sod; tropical foliage; horticulture; hay;
1937livestock; milk and milk products; poultry and poultry products;
1938the fruit of the saw palmetto (meaning the fruit of the Serenoa
1939repens); limes (meaning the fruit Citrus aurantifolia, variety
1940Persian, Tahiti, Bearss, or Florida Key limes); and any other
1941nonexempt agricultural products produced in the state, except
1942tobacco, sugarcane, tropical foliage, timber and timber
1943byproducts, forest products as defined in s. 591.17, and citrus
1944other than limes.
1945     (11)  "Responsible position" means a position within the
1946business of a dealer in agricultural products that has the
1947authority to negotiate or make the purchase of agricultural
1948products on behalf of the dealer's business or has principal
1949active management authority over the business decisions,
1950actions, and activities of the dealer's business in this state.
1951     Section 56.  Section 604.19, Florida Statutes, is amended
1952to read:
1953     604.19  License; fee; bond; certificate of deposit;
1954penalty.-Unless the department refuses the application on one or
1955more of the grounds provided in this section, it shall issue to
1956an applicant, upon the payment of required fees and the
1957execution and delivery of a bond or certificate of deposit as
1958provided in this section, a state license entitling the
1959applicant to conduct business as a dealer in agricultural
1960products for a 1-year period to coincide with the effective
1961period of the bond or certificate of deposit furnished by the
1962applicant. During the 1-year period covered by a license, if the
1963supporting surety bond or certificate of deposit is canceled for
1964any reason, the license shall automatically expire on the date
1965the surety bond or certificate of deposit terminates, unless an
1966acceptable replacement is in effect before the date of
1967termination so that continual coverage occurs for the remaining
1968period of the license. A surety company shall give the
1969department a 30-day written notice of cancellation by certified
1970mail in order to cancel a bond. Cancellation of a bond or
1971certificate of deposit does shall not relieve a surety company
1972or financial institution of liability for purchases or sales
1973occurring while the bond or certificate of deposit was in
1974effect. The license fee, which must be paid for the principal
1975place of business for a dealer in agricultural products, shall
1976be based upon the amount of the dealer's surety bond or
1977certificate of deposit furnished by each dealer under the
1978provisions of s. 604.20 and may not exceed $500. For each
1979additional place in which the applicant desires to conduct
1980business and which the applicant names in the application, the
1981additional license fee must be paid but may not exceed $100
1982annually. If a Should any dealer in agricultural products fails,
1983refuses, or neglects fail, refuse, or neglect to apply and
1984qualify for the renewal of a license on or before its the date
1985of expiration date thereof, a penalty not to exceed $100 shall
1986apply to and be added to the original license fee for the
1987principal place of business and to the license fee for each
1988additional place of business named in the application and shall
1989be paid by the applicant before the renewal license may be
1990issued. The department by rule shall prescribe fee amounts
1991sufficient to fund ss. 604.15-604.34.
1992     Section 57.  Section 604.25, Florida Statutes, is amended
1993to read:
1994     604.25  Denial of, refusal to renew grant, or suspension or
1995revocation of, license.-
1996     (1)  The department may deny, refuse to renew, decline to
1997grant a license or may suspend or revoke a license already
1998granted if the applicant or licensee has:
1999     (1)(a)  Suffered a monetary judgment entered against the
2000applicant or licensee upon which is execution has been returned
2002     (2)(b)  Made false charges for handling or services
2004     (3)(c)  Failed to account promptly and properly or to make
2005settlements with any producer;
2006     (4)(d)  Made any false statement or statements as to
2007condition, quality, or quantity of goods received or held for
2008sale when the true condition, quality, or quantity could have
2009been ascertained by reasonable inspection;
2010     (5)(e)  Made any false or misleading statement or
2011statements as to market conditions or service rendered;
2012     (6)(f)  Been guilty of a fraud in the attempt to procure,
2013or the procurement of, a license;
2014     (7)(g)  Directly or indirectly sold agricultural products
2015received on consignment or on a net return basis for her or his
2016own account, without prior authority from the producer
2017consigning the same, or without notifying such producer;
2018     (8)(h)  Failed to prevent a person from holding a position
2019as the applicant's or licensee's owner, officer, director,
2020general or managing partner, or employee Employed in a
2021responsible position a person, or holding any other similarly
2022situated position, if the person holds or has held a similar
2023position with any entity that an officer of a corporation, who
2024has failed to fully comply with an order of the department, has
2025not satisfied a civil judgment held by the department, has
2026pending any administrative or civil enforcement action by the
2027department, or has pending any criminal charges pursuant to s.
2028604.30 at any time within 1 year after issuance;
2029     (9)(i)  Violated any statute or rule relating to the
2030purchase or sale of any agricultural product, whether or not
2031such transaction is subject to the provisions of this chapter;
2033     (10)(j)  Failed to submit to the department an application,
2034appropriate license fees, and an acceptable surety bond or
2035certificate of deposit; or.
2036     (11)(2)  Failed If a licensee fails or refused refuses to
2037comply in full with an order of the department or failed to
2038satisfy a civil judgment owed to the department, her or his
2039license may be suspended or revoked, in which case she or he
2040shall not be eligible for license for a period of 1 year or
2041until she or he has fully complied with the order of the
2043     (3)  No person, or officer of a corporation, whose license
2044has been suspended or revoked for failure to comply with an
2045order of the department may hold a responsible position with a
2046licensee for a period of 1 year or until the order of the
2047department has been fully complied with.
2048     Section 58.  Subsections (18) and (19) of section 616.242,
2049Florida Statutes, are renumbered as subsections (19) and (20),
2050respectively, and a new subsection (18) is added to that section
2051to read:
2052     616.242  Safety standards for amusement rides.-
2053     (18)  STOP-OPERATION ORDERS.-If an owner or amusement ride
2054fails to comply with this chapter or any rule adopted under this
2055chapter, the department may issue a stop-operation order.
2056     Section 59.  Subsection (7) is added to section 624.4095,
2057Florida Statutes, to read:
2058     624.4095  Premiums written; restrictions.-
2059     (7)  For purposes of ss. 624.407 and 624.408 and this
2060section, with regard to capital and surplus required, gross
2061written premiums for federal multiple-peril crop insurance that
2062is ceded to the Federal Crop Insurance Corporation and
2063authorized reinsurers shall not be included when calculating the
2064insurer's gross writing ratio. The liabilities for ceded
2065reinsurance premiums payable for federal multiple-peril crop
2066insurance ceded to the Federal Crop Insurance Corporation and
2067authorized reinsurers shall be netted against the asset for
2068amounts recoverable from reinsurers. Each insurer that writes
2069other insurance products together with federal multiple-peril
2070crop insurance shall disclose in the notes to the annual and
2071quarterly financial statement, or file a supplement to the
2072financial statement that discloses, a breakout of the gross
2073written premiums for federal multiple-peril crop insurance.
2074     Section 60.  Subsection (4) of section 686.201, Florida
2075Statutes, is amended to read:
2076     686.201  Sales representative contracts involving
2077commissions; requirements; termination of agreement; civil
2079     (4)  This section does not apply to:
2080     (a)  Persons licensed pursuant to chapter 475 who are
2081performing services within the scope of their license.
2082     (b)  Contracts to which a seller of travel as defined in s.
2083559.927 is a party.
2084     Section 61.  Paragraph (c) of subsection (5) of section
2085790.06, Florida Statutes, is amended to read:
2086     790.06  License to carry concealed weapon or firearm.-
2087     (5)  The applicant shall submit to the Department of
2088Agriculture and Consumer Services:
2089     (c)  A full set of fingerprints of the applicant
2090administered by a law enforcement agency or the Division of
2091Licensing of the Department of Agriculture and Consumer
2093     Section 62.  Section 828.126, Florida Statutes, is created
2094to read:
2095     828.126  Sexual activities involving animals.-
2096     (1)  As used in this section, the term "sexual activities"
2097means oral, anal, or vaginal penetration by, or union with, the
2098sexual organ of an animal or the anal or vaginal penetration of
2099any animal by any object.
2100     (2)  A person may not:
2101     (a)  Knowingly engage in sexual activities with an animal.
2102     (b)  Knowingly cause, aid, or abet another person to engage
2103in sexual activities with an animal.
2104     (c)  Knowingly permit any sexual activities with an animal
2105to be conducted on any premises under his or her control.
2106     (d)  Knowingly organize, promote, conduct, advertise, aid,
2107abet, participate as an observer, or perform any service in the
2108furtherance of an act involving any sexual activities with an
2109animal for a commercial or recreational purpose.
2110     (3)  A person who violates this section commits a
2111misdemeanor of the first degree, punishable as provided in s.
2112775.082 or s. 775.083.
2113     (4)  This section does not apply to normal and ordinary
2114animal husbandry practices, conformation judging practices, or
2115accepted veterinary medical practices.
2116     (5)  For purposes of this section, the term "animal" means
2117any living or dead dumb creature.
2118     Section 63.  The Department of Agriculture and Consumer
2119Services shall meet with duly authorized representatives of
2120established organizations representing the state's pest control
2121industry and shall prepare and submit a report to the President
2122of the Senate, the Speaker of the House of Representatives, the
2123chair of the Senate Committee on Agriculture, and the chair of
2124the House Agriculture and Natural Resources Policy Committee by
2125January 1, 2011. The report shall include recommended amendments
2126to chapter 482, Florida Statutes, that provide for disciplinary
2127action to be taken against licensees who violate laws or rules
2128pertaining to the pretreatment of soil to protect newly
2129constructed homes, pest control at sensitive facilities such as
2130schools and nursing homes, and the fumigation of existing homes
2131for protection against termite damage, thereby providing
2132additional safeguards for consumers. The report may also address
2133other issues of concern to the department and to members of the
2134industry, such as changes to requirements for professional
2135liability insurance coverage or the amount of bond required,
2136duties and responsibilities of a certified operator, issuance of
2137a centralized pest control service center license, and limited
2138certification for commercial wildlife management personnel.
2139     Section 64.  Sections 570.071 and 570.901, Florida
2140Statutes, are repealed.
2141     Section 65.  This act shall take effect July 1, 2010.

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