February 26, 2020
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       Florida Senate - 2010                CS for CS for CS for SB 382
       
       
       
       By the Committees on Health Regulation; Community Affairs; and
       Agriculture; and Senator Dean
       
       
       
       588-05226A-10                                          2010382c3
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 369.20, F.S.; requiring
    4         the Fish and Wildlife Conservation Commission to enter
    5         into an agreement with the Department of Environmental
    6         Protection relating to the uniform application of
    7         pesticides to the waters of the state; revising
    8         exemptions from water pollution permits; amending s.
    9         373.1391, F.S.; requiring that the agricultural use of
   10         land present at the time of fee simple acquisition be
   11         given priority regarding the management of the land;
   12         amending s. 403.088, F.S.; requiring a permit for
   13         applying pesticide to the waters of the state;
   14         requiring the Department of Environmental Protection
   15         to enter into agreements with the Department of
   16         Agriculture and Consumer Services and the Fish and
   17         Wildlife Conservation Commission relating to the
   18         uniform application of pesticides to the waters of the
   19         state; providing a temporary deviation from the acute
   20         toxicity provisions provided by rule for pesticide
   21         application under certain circumstances; amending s.
   22         403.9336, F.S.; revising a reference to the Model
   23         Ordinance for Florida-Friendly Fertilizer Use on Urban
   24         Landscapes; amending s. 487.163, F.S.; requiring the
   25         Department of Agriculture and Consumer Services to
   26         enter into an agreement with the Department of
   27         Environmental Protection relating to the uniform
   28         application of pesticides to the waters of the state;
   29         amending s. 493.6102, F.S.; specifying that provisions
   30         regulating security officers do not apply to certain
   31         law enforcement, correctional, and probation officers
   32         performing off-duty activities; amending s. 493.6105,
   33         F.S.; revising the application requirements and
   34         procedures for certain private investigative, private
   35         security, recovery agent, and firearm licenses;
   36         specifying application requirements for firearms
   37         instructor licenses; amending s. 493.6106, F.S.;
   38         revising citizenship requirements and documentation
   39         for certain private investigative, private security,
   40         and recovery agent licenses; prohibiting the licensure
   41         of applicants for a statewide firearm license or
   42         firearms instructor license who are prohibited from
   43         purchasing or possessing firearms; requiring that
   44         private investigative, security, and recovery agencies
   45         notify the Department of Agriculture and Consumer
   46         Services of changes to their branch office locations;
   47         amending s. 493.6107, F.S.; requiring the department
   48         to accept certain methods of payment for certain fees;
   49         amending s. 493.6108, F.S.; revising requirements for
   50         criminal history checks of license applicants whose
   51         fingerprints are not legible; requiring the
   52         investigation of the mental and emotional fitness of
   53         applicants for firearms instructor licenses; amending
   54         s. 493.6111, F.S.; requiring a security officer school
   55         or recovery agent school to obtain the department’s
   56         approval for use of a fictitious name; specifying that
   57         a licensee may not conduct business under more than
   58         one fictitious name; amending s. 493.6113, F.S.;
   59         revising application renewal procedures and
   60         requirements; amending s. 493.6115, F.S.; conforming
   61         cross-references; amending s. 493.6118, F.S.;
   62         authorizing disciplinary action against statewide
   63         firearm licensees and firearms instructor licensees
   64         who are prohibited from purchasing or possessing
   65         firearms; amending s. 493.6121, F.S.; deleting
   66         provisions for the department’s access to certain
   67         criminal history records provided to licensed gun
   68         dealers, manufacturers, and exporters; amending s.
   69         493.6202, F.S.; requiring the department to accept
   70         certain methods of payment for certain fees; amending
   71         s. 493.6203, F.S.; prohibiting bodyguard services from
   72         being credited toward certain license requirements;
   73         revising the training requirements for private
   74         investigator intern license applicants; requiring the
   75         automatic suspension of an intern’s license under
   76         certain circumstances; providing an exception;
   77         amending s. 493.6302, F.S.; requiring the department
   78         to accept certain methods of payment for certain fees;
   79         amending s. 493.6303, F.S.; revising the training
   80         requirements for security officer license applicants;
   81         amending s. 493.6304, F.S.; revising application
   82         requirements and procedures for security officer
   83         school licenses; amending s. 493.6401, F.S.; revising
   84         terminology for recovery agent schools and training
   85         facilities; amending s. 493.6402, F.S.; revising
   86         terminology for recovery agent schools and training
   87         facilities; requiring the department to accept certain
   88         methods of payment for certain fees; amending s.
   89         493.6406, F.S.; revising terminology; requiring
   90         recovery agent school and instructor licenses;
   91         providing license application requirements and
   92         procedures; amending s. 500.033, F.S.; revising the
   93         membership of the Florida Food Safety and Food Defense
   94         Advisory Council; amending ss. 501.605 and 501.607,
   95         F.S.; revising application requirements for commercial
   96         telephone seller and salesperson licenses; amending s.
   97         501.913, F.S.; specifying the sample size required for
   98         antifreeze registration application; amending s.
   99         525.01, F.S.; revising requirements for petroleum fuel
  100         affidavits; amending s. 525.09, F.S.; imposing an
  101         inspection fee on certain alternative fuels containing
  102         alcohol; amending s. 526.50, F.S.; defining terms
  103         applicable to regulation of the sale of brake fluid;
  104         amending s. 526.51, F.S.; revising application
  105         requirements for brake fluid permits; amending s.
  106         526.52, F.S.; revising requirements for printed
  107         statements on brake fluid containers; amending s.
  108         526.53, F.S.; revising requirements and procedures for
  109         brake fluid stop-sale orders; authorizing businesses
  110         to dispose of unregistered brake fluid under certain
  111         circumstances; amending s. 527.0201, F.S.; revising
  112         requirements for liquefied petroleum gas qualifying
  113         examinations; increasing continuing education
  114         requirements for certain liquefied petroleum gas
  115         qualifiers; amending s. 527.12, F.S.; providing for
  116         the issuance of certain stop orders; amending ss.
  117         559.805 and 559.928, F.S.; deleting social security
  118         numbers as a listing requirement on registration
  119         affidavits for independent agents of sellers of
  120         business opportunities; amending s. 570.0725, F.S.;
  121         revising provisions for public information about food
  122         banks and similar food recovery programs; authorizing
  123         the department to adopt rules; amending ss. 570.53 and
  124         570.54, F.S.; conforming cross-references; amending s.
  125         570.55, F.S.; revising requirements for identifying
  126         sellers or handlers of tropical or subtropical fruit
  127         or vegetables; amending s. 570.902, F.S.; conforming
  128         terminology to the repeal by the act of provisions
  129         establishing the Florida Agricultural Museum; amending
  130         s. 570.903, F.S.; revising provisions for direct
  131         support organizations for certain agricultural
  132         programs to conform to the repeal by the act of
  133         provisions establishing the Florida Agricultural
  134         Museum; deleting provisions for a direct-support
  135         organization for the Florida State Collection of
  136         Arthropods; amending s. 573.118, F.S.; requiring the
  137         department to maintain records of marketing orders;
  138         requiring an audit at the request of an advisory
  139         council; requiring that the advisory council receive a
  140         copy of the audit within a specified time; amending s.
  141         581.011, F.S.; deleting terminology relating to the
  142         Florida State Collection of Arthropods; revising the
  143         term “nursery” for purposes of plant industry
  144         regulations; amending s. 581.211, F.S.; increasing the
  145         maximum fine for violations of plant industry
  146         regulations; amending s. 583.13, F.S.; deleting a
  147         prohibition on the sale of poultry without displaying
  148         the poultry grade; amending s. 585.61, F.S.;
  149         designating the animal disease diagnostic laboratory
  150         complex in Osceola County; amending s. 590.125, F.S.;
  151         revising terminology for open burning authorizations;
  152         specifying purposes of certified prescribed burning;
  153         requiring the authorization of the Division of
  154         Forestry for certified pile burning; providing pile
  155         burning requirements; limiting the liability of
  156         property owners or agents engaged in pile burning;
  157         providing for the certification of pile burners;
  158         providing penalties for violations by certified pile
  159         burners; requiring rules; authorizing the division to
  160         adopt rules regulating certified pile burning;
  161         revising notice requirements for wildfire hazard
  162         reduction treatments; providing for approval of local
  163         government open burning authorization programs;
  164         providing program requirements; authorizing the
  165         division to close local government programs under
  166         certain circumstances; providing penalties for
  167         violations of local government open burning
  168         requirements; amending s. 590.14, F.S.; authorizing
  169         fines for violations of any division rule; providing
  170         penalties for certain violations; providing
  171         legislative intent; amending s. 599.004, F.S.;
  172         revising standards that a winery must meet to qualify
  173         as a certified Florida Farm Winery; amending s.
  174         604.15, F.S.; revising the term “agricultural
  175         products” to make tropical foliage exempt from
  176         regulation under provisions relating to dealers in
  177         agricultural products; defining the term “responsible
  178         position”; amending s. 604.19, F.S.; revising
  179         requirements for late fees on agricultural products
  180         dealer applications; amending s. 604.25, F.S.;
  181         revising conditions under which the department may
  182         deny, refuse to renew, suspend, or revoke agricultural
  183         products dealer licenses; deleting a provision
  184         prohibiting certain persons from holding a responsible
  185         position with a licensee; amending s. 616.242, F.S.;
  186         authorizing the issuance of stop-operation orders for
  187         amusement rides under certain circumstances; amending
  188         s. 624.4095, F.S.; prohibiting certain gross written
  189         premiums for federal multiple-peril crop insurance
  190         from being included in certain insurer calculations;
  191         amending s. 686.201, F.S.; exempting contracts to
  192         which a seller of travel is a party from provisions
  193         governing certain contracts involving commissions;
  194         amending s. 790.06, F.S.; authorizing a concealed
  195         firearm license applicant to submit fingerprints
  196         administered by the Division of Licensing; repealing
  197         ss. 570.071 and 570.901, F.S., relating to the Florida
  198         Agricultural Exposition and the Florida Agricultural
  199         Museum; creating s. 828.126, F.S.; providing a
  200         definition for the term “sexual activities” as it
  201         involves animals; prohibiting persons from engaging in
  202         sexual activities with animals; providing penalties;
  203         providing that such prohibition does not apply to
  204         normal and ordinary animal husbandry practices,
  205         conformation judging practices, or accepted veterinary
  206         medical practices; requiring that the department and
  207         representatives of the state pest control industry
  208         prepare a report for the President of the Senate, the
  209         Speaker of the House of Representatives, and the
  210         chairpersons of specified legislative committees by a
  211         certain date; requiring that the report include
  212         recommendations for changes in the law to provide for
  213         disciplinary action against licensees of the pest
  214         control industry under certain circumstances;
  215         providing that the report may also address additional
  216         issues of concern to members of the industry;
  217         providing an effective date.
  218  
  219  Be It Enacted by the Legislature of the State of Florida:
  220  
  221         Section 1. Subsections (4) and (9) of section 369.20,
  222  Florida Statutes, are amended to read:
  223         369.20 Florida Aquatic Weed Control Act.—
  224         (4) The commission shall also promote, develop, and support
  225  research activities directed toward the more effective and
  226  efficient control of aquatic plants. In the furtherance of this
  227  purpose, the commission may is authorized to:
  228         (a) Accept donations and grants of funds and services from
  229  both public and private sources;
  230         (b) Contract or enter into agreements with public or
  231  private agencies or corporations for research and development of
  232  aquatic plant control methods or for the performance of aquatic
  233  plant control activities. The commission may enter into an
  234  agreement with the Department of Environmental Protection to
  235  ensure the uniform regulation of pesticides applied to the
  236  waters of the state, including provision for coordinating agency
  237  staff and resources, through the implementation of permitting,
  238  compliance, and enforcement activities under ss. 403.088 and
  239  403.0885;
  240         (c) Construct, acquire, operate, and maintain facilities
  241  and equipment; and
  242         (d) Enter upon, or authorize the entry upon, private
  243  property for purposes of making surveys and examinations and to
  244  engage in aquatic plant control activities; and such entry shall
  245  not be deemed a trespass.
  246         (9) A permit issued pursuant to this section for The
  247  application of herbicides to waters of in the state for the
  248  control of aquatic plants, algae, or invasive exotic plants is
  249  exempt from the requirement to obtain a water pollution
  250  operation permit except as provided in ss. pursuant to s.
  251  403.088 and 403.0885.
  252         Section 2. Paragraph (d) of subsection (1) of section
  253  373.1391, Florida Statutes, is amended to read:
  254         373.1391 Management of real property.—
  255         (1)
  256         (d) For any fee simple acquisition of a parcel which is or
  257  will be leased back for agricultural purposes, or for any
  258  acquisition of a less-than-fee interest in lands that is or will
  259  be used for agricultural purposes, the district governing board
  260  shall first consider having a soil and water conservation
  261  district created pursuant to chapter 582 manage and monitor such
  262  interest. Priority shall be given to the agricultural use
  263  present at the time of fee simple acquisition of the parcel.
  264         Section 3. Subsection (1) of section 403.088, Florida
  265  Statutes, is amended to read:
  266         403.088 Water pollution operation permits; conditions.—
  267         (1) No person, Without the written authorization of the
  268  department, a person may not shall discharge any waste into the
  269  waters of within the state any waste which, by itself or in
  270  combination with the wastes of other sources, reduces the
  271  quality of the receiving waters below the classification
  272  established for such waters them. However, this section does
  273  shall not be deemed to prohibit the application of pesticides to
  274  such waters in the state for the control of insects, aquatic
  275  weeds, or algae, or other pests if provided the application is
  276  performed in accordance with this section:
  277         (a) Upon execution of the agreement provided in s.
  278  487.163(3), the department may develop a permit or other
  279  authorization as required by 33 U.S.C. s. 1342 for the
  280  application of pesticides. A person must obtain such permit or
  281  other authorization before applying pesticides to the waters of
  282  the state.
  283         (b) In consultation with the Department of Agriculture and
  284  Consumer Services and the Fish and Wildlife Conservation
  285  Commission, the department shall also develop a general permit
  286  under s. 403.0885(2) for the application of pesticides.
  287         (c) The department shall also enter into agreements with
  288  the Department of Agriculture and Consumer Services pursuant to
  289  a program approved by the Department of Health, in the case of
  290  insect or other pest control, and with or the Fish and Wildlife
  291  Conservation Commission, in the case of aquatic weed, other
  292  aquatic pests, or algae control. The department is directed to
  293  enter into interagency agreements to establish the procedures
  294  for program approval. Such agreements must shall provide for
  295  public health, welfare, and safety, as well as environmental
  296  factors, and must ensure the uniform regulation of pesticides
  297  applied to waters of the state, including provisions for the
  298  coordination of agency staff and resources, through the
  299  implementation of permitting, compliance, and enforcement
  300  activities under this section and s. 403.0885. Pesticides that
  301  are Approved programs must provide that only chemicals approved
  302  for a the particular use by the United States Environmental
  303  Protection Agency or by the Department of Agriculture and
  304  Consumer Services may be employed and that they be applied in
  305  accordance with registered label instructions, state standards
  306  for such application, including any permit or other
  307  authorization required by this subsection, and the provisions of
  308  the Florida Pesticide Law, part I of chapter 487, are allowed a
  309  temporary deviation from the acute toxicity provisions of the
  310  department’s water quality rule, not to exceed the time
  311  necessary to control the target pests, only if the application
  312  does not reduce the quality of the receiving waters below the
  313  classification for such waters and is not likely to adversely
  314  affect any threatened or endangered species.
  315         Section 4. Section 403.9336, Florida Statutes, is amended
  316  to read:
  317         403.9336 Legislative findings.—The Legislature finds that
  318  the implementation of the Model Ordinance for Florida-Friendly
  319  Fertilizer Use on Urban Landscapes (2008), which was developed
  320  by the department in conjunction with the Florida Consumer
  321  Fertilizer Task Force, the Department of Agriculture and
  322  Consumer Services, and the University of Florida Institute of
  323  Food and Agricultural Sciences, will assist in protecting the
  324  quality of Florida’s surface water and groundwater resources.
  325  The Legislature further finds that local conditions, including
  326  variations in the types and quality of water bodies, site
  327  specific soils and geology, and urban or rural densities and
  328  characteristics, may necessitate the implementation of
  329  additional or more stringent fertilizer management practices at
  330  the local government level.
  331         Section 5. Subsection (3) is added to section 487.163,
  332  Florida Statutes, to read:
  333         487.163 Information; interagency cooperation.—
  334         (3) The department shall enter into an agreement with the
  335  Department of Environmental Protection to ensure the uniform
  336  regulation of pesticides applied to waters of the state,
  337  including provisions for the coordination of agency staff and
  338  resources, through the implementation of permitting, compliance,
  339  and enforcement activities under ss. 403.088 and 403.0885.
  340         Section 6. Subsection (1) of section 493.6102, Florida
  341  Statutes, is amended to read:
  342         493.6102 Inapplicability of this chapter.—This chapter
  343  shall not apply to:
  344         (1) An Any individual who is an officer as defined in s.
  345  943.10(14), or is a law enforcement officer of the United States
  346  Government, while such local, state, or federal officer is
  347  engaged in her or his official duties, or when performing off
  348  duty as a security officer provided such activity is activities
  349  approved by her or his superiors.
  350         Section 7. Section 493.6105, Florida Statutes, is amended
  351  to read:
  352         493.6105 Initial application for license.—
  353         (1) Each individual, partner, or principal officer in a
  354  corporation, shall file with the department a complete
  355  application accompanied by an application fee not to exceed $60,
  356  except that the applicant for a Class “D” or Class “G” license
  357  is shall not be required to submit an application fee. The
  358  application fee is shall not be refundable.
  359         (a) The application submitted by any individual, partner,
  360  or corporate officer must shall be approved by the department
  361  before the prior to that individual, partner, or corporate
  362  officer assumes assuming his or her duties.
  363         (b) Individuals who invest in the ownership of a licensed
  364  agency, but do not participate in, direct, or control the
  365  operations of the agency are shall not be required to file an
  366  application.
  367         (2) Each application must shall be signed and verified by
  368  the individual under oath as provided in s. 92.525 and shall be
  369  notarized.
  370         (3) The application must shall contain the following
  371  information concerning the individual signing the application
  372  same:
  373         (a) Name and any aliases.
  374         (b) Age and date of birth.
  375         (c) Place of birth.
  376         (d) Social security number or alien registration number,
  377  whichever is applicable.
  378         (e) Current Present residence address and his or her
  379  residence addresses within the 5 years immediately preceding the
  380  submission of the application.
  381         (f) Occupations held presently and within the 5 years
  382  immediately preceding the submission of the application.
  383         (f)(g) A statement of all criminal convictions, findings of
  384  guilt, and pleas of guilty or nolo contendere, regardless of
  385  adjudication of guilt.
  386         (g) One passport-type color photograph taken within the 6
  387  months immediately preceding submission of the application.
  388         (h) A statement whether he or she has ever been adjudicated
  389  incompetent under chapter 744.
  390         (i) A statement whether he or she has ever been committed
  391  to a mental institution under chapter 394.
  392         (j) A full set of fingerprints on a card provided by the
  393  department and a fingerprint fee to be established by rule of
  394  the department based upon costs determined by state and federal
  395  agency charges and department processing costs. An applicant who
  396  has, within the immediately preceding 6 months, submitted a
  397  fingerprint card and fee for licensing purposes under this
  398  chapter shall not be required to submit another fingerprint card
  399  or fee.
  400         (k) A personal inquiry waiver which allows the department
  401  to conduct necessary investigations to satisfy the requirements
  402  of this chapter.
  403         (l) Such further facts as may be required by the department
  404  to show that the individual signing the application is of good
  405  moral character and qualified by experience and training to
  406  satisfy the requirements of this chapter.
  407         (4) In addition to the application requirements outlined in
  408  subsection (3), the applicant for a Class “C,” Class “CC,” Class
  409  “E,” Class “EE,” or Class “G” license shall submit two color
  410  photographs taken within the 6 months immediately preceding the
  411  submission of the application, which meet specifications
  412  prescribed by rule of the department. All other applicants shall
  413  submit one photograph taken within the 6 months immediately
  414  preceding the submission of the application.
  415         (4)(5) In addition to the application requirements outlined
  416  under subsection (3), the applicant for a Class “C,” Class “E,”
  417  Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall
  418  include a statement on a form provided by the department of the
  419  experience which he or she believes will qualify him or her for
  420  such license.
  421         (5)(6) In addition to the requirements outlined in
  422  subsection (3), an applicant for a Class “G” license shall
  423  satisfy minimum training criteria for firearms established by
  424  rule of the department, which training criteria shall include,
  425  but is not limited to, 28 hours of range and classroom training
  426  taught and administered by a Class “K” licensee; however, no
  427  more than 8 hours of such training shall consist of range
  428  training. If the applicant can show proof that he or she is an
  429  active law enforcement officer currently certified under the
  430  Criminal Justice Standards and Training Commission or has
  431  completed the training required for that certification within
  432  the last 12 months, or if the applicant submits one of the
  433  certificates specified in paragraph (6)(a) (7)(a), the
  434  department may waive the foregoing firearms training
  435  requirement.
  436         (6)(7) In addition to the requirements under subsection
  437  (3), an applicant for a Class “K” license shall:
  438         (a) Submit one of the following certificates:
  439         1. The Florida Criminal Justice Standards and Training
  440  Commission Firearms Instructor’s Certificate and confirmation by
  441  the commission that the applicant is authorized to provide
  442  firearms instruction.
  443         2. The National Rifle Association Law Enforcement Police
  444  Firearms Instructor’s Certificate.
  445         3. The National Rifle Association Security Firearms
  446  Instructor’s Certificate.
  447         3.4. A firearms instructor’s training certificate issued by
  448  any branch of the United States Armed Forces, from a federal law
  449  enforcement academy or agency, state, county, or municipal
  450  police academy in this state recognized as such by the Criminal
  451  Justice Standards and Training Commission or by the Department
  452  of Education.
  453         (b) Pay the fee for and pass an examination administered by
  454  the department which shall be based upon, but is not necessarily
  455  limited to, a firearms instruction manual provided by the
  456  department.
  457         (7)(8) In addition to the application requirements for
  458  individuals, partners, or officers outlined under subsection
  459  (3), the application for an agency license shall contain the
  460  following information:
  461         (a) The proposed name under which the agency intends to
  462  operate.
  463         (b) The street address, mailing address, and telephone
  464  numbers of the principal location at which business is to be
  465  conducted in this state.
  466         (c) The street address, mailing address, and telephone
  467  numbers of all branch offices within this state.
  468         (d) The names and titles of all partners or, in the case of
  469  a corporation, the names and titles of its principal officers.
  470         (8)(9) Upon submission of a complete application, a Class
  471  “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
  472  Class “MA,” Class “MB,” or Class “MR” applicant may commence
  473  employment or appropriate duties for a licensed agency or branch
  474  office. However, the Class “C” or Class “E” applicant must work
  475  under the direction and control of a sponsoring licensee while
  476  his or her application is being processed. If the department
  477  denies application for licensure, the employment of the
  478  applicant must be terminated immediately, unless he or she
  479  performs only unregulated duties.
  480         Section 8. Paragraph (f) of subsection (1) and paragraph
  481  (a) of subsection (2) of section 493.6106, Florida Statutes, are
  482  amended, and paragraph (g) is added to subsection (1) of that
  483  section, to read:
  484         493.6106 License requirements; posting.—
  485         (1) Each individual licensed by the department must:
  486         (f) Be a citizen or permanent legal resident alien of the
  487  United States or have appropriate been granted authorization
  488  issued to seek employment in this country by the United States
  489  Bureau of Citizenship and Immigration Services of the United
  490  States Department of Homeland Security.
  491         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  492  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  493  “MB,” Class “MR,” or Class “RI” license who is not a United
  494  States citizen must submit proof of current employment
  495  authorization issued by the Citizenship and Immigration Services
  496  or proof that she or he is deemed a permanent legal resident
  497  alien by the Citizenship and Immigration Services.
  498         2. An applicant for a Class “G” or Class “K” license who is
  499  not a United States citizen must submit proof that she or he is
  500  deemed a permanent legal resident alien by the Citizenship and
  501  Immigration Services, together with additional documentation
  502  establishing that she or he has resided in the state of
  503  residence shown on the application for at least 90 consecutive
  504  days before the date that the application is submitted.
  505         3. An applicant for an agency or school license who is not
  506  a United States citizen or permanent legal resident alien must
  507  submit documentation issued by the Citizenship and Immigration
  508  Services stating that she or he is lawfully in the United States
  509  and is authorized to own and operate the type of agency or
  510  school for which she or he is applying. An employment
  511  authorization card issued by the Citizenship and Immigration
  512  Services is not sufficient documentation.
  513         (g) Not be prohibited from purchasing or possessing a
  514  firearm by state or federal law if the individual is applying
  515  for a Class “G” license or a Class “K” license.
  516         (2) Each agency shall have a minimum of one physical
  517  location within this state from which the normal business of the
  518  agency is conducted, and this location shall be considered the
  519  primary office for that agency in this state.
  520         (a) If an agency or branch office desires to change the
  521  physical location of the business, as it appears on the agency
  522  license, the department must be notified within 10 days of the
  523  change, and, except upon renewal, the fee prescribed in s.
  524  493.6107 must be submitted for each license requiring revision.
  525  Each license requiring revision must be returned with such
  526  notification.
  527         Section 9. Subsection (3) of section 493.6107, Florida
  528  Statutes, is amended to read:
  529         493.6107 Fees.—
  530         (3) The fees set forth in this section must be paid by
  531  certified check or money order or, at the discretion of the
  532  department, by agency check at the time the application is
  533  approved, except that the applicant for a Class “G” or Class “M”
  534  license must pay the license fee at the time the application is
  535  made. If a license is revoked or denied or if the application is
  536  withdrawn, the license fee shall not be refunded.
  537         Section 10. Paragraph (a) of subsection (1) and subsection
  538  (3) of section 493.6108, Florida Statutes, are amended to read:
  539         493.6108 Investigation of applicants by Department of
  540  Agriculture and Consumer Services.—
  541         (1) Except as otherwise provided, prior to the issuance of
  542  a license under this chapter, the department shall make an
  543  investigation of the applicant for a license. The investigation
  544  shall include:
  545         (a)1. An examination of fingerprint records and police
  546  records. When a criminal history analysis of any applicant under
  547  this chapter is performed by means of fingerprint card
  548  identification, the time limitations prescribed by s. 120.60(1)
  549  shall be tolled during the time the applicant’s fingerprint card
  550  is under review by the Department of Law Enforcement or the
  551  United States Department of Justice, Federal Bureau of
  552  Investigation.
  553         2. If a legible set of fingerprints, as determined by the
  554  Department of Law Enforcement or the Federal Bureau of
  555  Investigation, cannot be obtained after two attempts, the
  556  Department of Agriculture and Consumer Services may determine
  557  the applicant’s eligibility based upon a criminal history record
  558  check under the applicant’s name conducted by the Department of
  559  Law Enforcement if the and the Federal Bureau of Investigation.
  560  A set of fingerprints are taken by a law enforcement agency or
  561  the department and the applicant submits a written statement
  562  signed by the fingerprint technician or a licensed physician
  563  stating that there is a physical condition that precludes
  564  obtaining a legible set of fingerprints or that the fingerprints
  565  taken are the best that can be obtained is sufficient to meet
  566  this requirement.
  567         (3) The department shall also investigate the mental
  568  history and current mental and emotional fitness of any Class
  569  “G” or Class “K” applicant, and may deny a Class “G” or Class
  570  “K” license to anyone who has a history of mental illness or
  571  drug or alcohol abuse.
  572         Section 11. Subsection (4) of section 493.6111, Florida
  573  Statutes, is amended to read:
  574         493.6111 License; contents; identification card.—
  575         (4) Notwithstanding the existence of a valid Florida
  576  corporate registration, an no agency or school licensee may not
  577  conduct activities regulated under this chapter under any
  578  fictitious name without prior written authorization from the
  579  department to use that name in the conduct of activities
  580  regulated under this chapter. The department may not authorize
  581  the use of a name which is so similar to that of a public
  582  officer or agency, or of that used by another licensee, that the
  583  public may be confused or misled thereby. The authorization for
  584  the use of a fictitious name shall require, as a condition
  585  precedent to the use of such name, the filing of a certificate
  586  of engaging in business under a fictitious name under s. 865.09.
  587  A No licensee may not shall be permitted to conduct business
  588  under more than one fictitious name except as separately
  589  licensed nor shall the license be valid to protect any licensee
  590  who is engaged in the business under any name other than that
  591  specified in the license. An agency desiring to change its
  592  licensed name shall notify the department and, except upon
  593  renewal, pay a fee not to exceed $30 for each license requiring
  594  revision including those of all licensed employees except Class
  595  “D” or Class “G” licensees. Upon the return of such licenses to
  596  the department, revised licenses shall be provided.
  597         Section 12. Subsection (2) and paragraph (a) of subsection
  598  (3) of section 493.6113, Florida Statutes, are amended to read:
  599         493.6113 Renewal application for licensure.—
  600         (2) At least No less than 90 days before prior to the
  601  expiration date of the license, the department shall mail a
  602  written notice to the last known mailing residence address of
  603  the licensee for individual licensees and to the last known
  604  agency address for agencies.
  605         (3) Each licensee shall be responsible for renewing his or
  606  her license on or before its expiration by filing with the
  607  department an application for renewal accompanied by payment of
  608  the prescribed license fee.
  609         (a) Each Class “B” Class “A,” Class “B,” or Class “R”
  610  licensee shall additionally submit on a form prescribed by the
  611  department a certification of insurance which evidences that the
  612  licensee maintains coverage as required under s. 493.6110.
  613         Section 13. Subsection (8), paragraph (d) of subsection
  614  (12), and subsection (16) of section 493.6115, Florida Statutes,
  615  are amended to read:
  616         493.6115 Weapons and firearms.—
  617         (8) A Class “G” applicant must satisfy the minimum training
  618  criteria as set forth in s. 493.6105(5)(6) and as established by
  619  rule of the department.
  620         (12) The department may issue a temporary Class “G”
  621  license, on a case-by-case basis, if:
  622         (d) The applicant has received approval from the department
  623  subsequent to its conduct of a criminal history record check as
  624  authorized in s. 493.6108(1)(a)1. 493.6121(6).
  625         (16) If the criminal history record check program
  626  referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
  627  department may issue a temporary “G” license on a case-by-case
  628  basis, provided that the applicant has met all statutory
  629  requirements for the issuance of a temporary “G” license as
  630  specified in subsection (12), excepting the criminal history
  631  record check stipulated there; provided, that the department
  632  requires that the licensed employer of the applicant conduct a
  633  criminal history record check of the applicant pursuant to
  634  standards set forth in rule by the department, and provide to
  635  the department an affidavit containing such information and
  636  statements as required by the department, including a statement
  637  that the criminal history record check did not indicate the
  638  existence of any criminal history that would prohibit licensure.
  639  Failure to properly conduct such a check, or knowingly providing
  640  incorrect or misleading information or statements in the
  641  affidavit shall constitute grounds for disciplinary action
  642  against the licensed agency, including revocation of license.
  643         Section 14. Paragraph (u) of subsection (1) of section
  644  493.6118, Florida Statutes, is redesignated as paragraph (v),
  645  and a new paragraph (u) is added to that subsection to read:
  646         493.6118 Grounds for disciplinary action.—
  647         (1) The following constitute grounds for which disciplinary
  648  action specified in subsection (2) may be taken by the
  649  department against any licensee, agency, or applicant regulated
  650  by this chapter, or any unlicensed person engaged in activities
  651  regulated under this chapter.
  652         (u) For a Class “G” or a Class “K” applicant or licensee,
  653  being prohibited from purchasing or possessing a firearm by
  654  state or federal law.
  655         Section 15. Subsections (7) and (8) of section 493.6121,
  656  Florida Statutes, are renumbered as subsections (6) and (7),
  657  respectively, and present subsection (6) of that section is
  658  amended, to read:
  659         493.6121 Enforcement; investigation.—
  660         (6) The department shall be provided access to the program
  661  that is operated by the Department of Law Enforcement, pursuant
  662  to s. 790.065, for providing criminal history record information
  663  to licensed gun dealers, manufacturers, and exporters. The
  664  department may make inquiries, and shall receive responses in
  665  the same fashion as provided under s. 790.065. The department
  666  shall be responsible for payment to the Department of Law
  667  Enforcement of the same fees as charged to others afforded
  668  access to the program.
  669         Section 16. Subsection (3) of section 493.6202, Florida
  670  Statutes, is amended to read:
  671         493.6202 Fees.—
  672         (3) The fees set forth in this section must be paid by
  673  certified check or money order or, at the discretion of the
  674  department, by agency check at the time the application is
  675  approved, except that the applicant for a Class “G,” Class “C,”
  676  Class “CC,” Class “M,” or Class “MA” license must pay the
  677  license fee at the time the application is made. If a license is
  678  revoked or denied or if the application is withdrawn, the
  679  license fee shall not be refunded.
  680         Section 17. Subsections (2), (4), and (6) of section
  681  493.6203, Florida Statutes, are amended to read:
  682         493.6203 License requirements.—In addition to the license
  683  requirements set forth elsewhere in this chapter, each
  684  individual or agency shall comply with the following additional
  685  requirements:
  686         (2) An applicant for a Class “MA” license shall have 2
  687  years of lawfully gained, verifiable, full-time experience, or
  688  training in:
  689         (a) Private investigative work or related fields of work
  690  that provided equivalent experience or training;
  691         (b) Work as a Class “CC” licensed intern;
  692         (c) Any combination of paragraphs (a) and (b);
  693         (d) Experience described in paragraph (a) for 1 year and
  694  experience described in paragraph (e) for 1 year;
  695         (e) No more than 1 year using:
  696         1. College coursework related to criminal justice,
  697  criminology, or law enforcement administration; or
  698         2. Successfully completed law enforcement-related training
  699  received from any federal, state, county, or municipal agency;
  700  or
  701         (f) Experience described in paragraph (a) for 1 year and
  702  work in a managerial or supervisory capacity for 1 year.
  703  
  704  However, experience in performing bodyguard services is not
  705  creditable toward the requirements of this subsection.
  706         (4) An applicant for a Class “C” license shall have 2 years
  707  of lawfully gained, verifiable, full-time experience, or
  708  training in one, or a combination of more than one, of the
  709  following:
  710         (a) Private investigative work or related fields of work
  711  that provided equivalent experience or training.
  712         (b) College coursework related to criminal justice,
  713  criminology, or law enforcement administration, or successful
  714  completion of any law enforcement-related training received from
  715  any federal, state, county, or municipal agency, except that no
  716  more than 1 year may be used from this category.
  717         (c) Work as a Class “CC” licensed intern.
  718  
  719  However, experience in performing bodyguard services is not
  720  creditable toward the requirements of this subsection.
  721         (6)(a) A Class “CC” licensee shall serve an internship
  722  under the direction and control of a designated sponsor, who is
  723  a Class “C,” Class “MA,” or Class “M” licensee.
  724         (b) Effective January 1, 2011 September 1, 2008, before
  725  submission of an application to the department, the an applicant
  726  for a Class “CC” license must have completed a minimum of 40 at
  727  least 24 hours of professional training a 40-hour course
  728  pertaining to general investigative techniques and this chapter,
  729  which course is offered by a state university or by a school,
  730  community college, college, or university under the purview of
  731  the Department of Education, and the applicant must pass an
  732  examination. The training must be provided in two parts, one 24
  733  hour course and one 16-hour course. The certificate evidencing
  734  satisfactory completion of the 40 at least 24 hours of
  735  professional training a 40-hour course must be submitted with
  736  the application for a Class “CC” license. The remaining 16 hours
  737  must be completed and an examination passed within 180 days. If
  738  documentation of completion of the required training is not
  739  submitted within the specified timeframe, the individual’s
  740  license is automatically suspended or his or her authority to
  741  work as a Class “CC” pursuant to s. 493.6105(9) is rescinded
  742  until such time as proof of certificate of completion is
  743  provided to the department. The training course specified in
  744  this paragraph may be provided by face-to-face presentation,
  745  online technology, or a home study course in accordance with
  746  rules and procedures of the Department of Education. The
  747  administrator of the examination must verify the identity of
  748  each applicant taking the examination.
  749         1. Upon an applicant’s successful completion of each part
  750  of the approved training course and passage of any required
  751  examination, the school, community college, college, or
  752  university shall issue a certificate of completion to the
  753  applicant. The certificates must be on a form established by
  754  rule of the department.
  755         2. The department shall establish by rule the general
  756  content of the professional training course and the examination
  757  criteria.
  758         3. If the license of an applicant for relicensure is has
  759  been invalid for more than 1 year, the applicant must complete
  760  the required training and pass any required examination.
  761         (c) An individual who submits an application for a Class
  762  “CC” license on or after September 1, 2008, through December 31,
  763  2010, who has not completed the 16-hour course must submit proof
  764  of successful completion of the course within 180 days after the
  765  date the application is submitted. If documentation of
  766  completion of the required training is not submitted by that
  767  date, the individual’s license is automatically suspended until
  768  proof of the required training is submitted to the department.
  769  An individual licensed on or before August 31, 2008, is not
  770  required to complete additional training hours in order to renew
  771  an active license beyond the required total amount of training,
  772  and within the timeframe, in effect at the time he or she was
  773  licensed.
  774         Section 18. Subsection (3) of section 493.6302, Florida
  775  Statutes, is amended to read:
  776         493.6302 Fees.—
  777         (3) The fees set forth in this section must be paid by
  778  certified check or money order or, at the discretion of the
  779  department, by agency check at the time the application is
  780  approved, except that the applicant for a Class “D,” Class “G,”
  781  Class “M,” or Class “MB” license must pay the license fee at the
  782  time the application is made. If a license is revoked or denied
  783  or if the application is withdrawn, the license fee shall not be
  784  refunded.
  785         Section 19. Subsection (4) of section 493.6303, Florida
  786  Statutes, is amended to read:
  787         493.6303 License requirements.—In addition to the license
  788  requirements set forth elsewhere in this chapter, each
  789  individual or agency shall comply with the following additional
  790  requirements:
  791         (4)(a) Effective January 1, 2011, an applicant for a Class
  792  “D” license must submit proof of successful completion of
  793  complete a minimum of 40 hours of professional training at a
  794  school or training facility licensed by the department. The
  795  training must be provided in two parts, one 24-hour course and
  796  one 16-hour course. The department shall by rule establish the
  797  general content and number of hours of each subject area to be
  798  taught.
  799         (b) An individual who submits an application for a Class
  800  “D” license on or after January 1, 2007, through December 31,
  801  2010, who has not completed the 16-hour course must submit proof
  802  of successful completion of the course within 180 days after the
  803  date the application is submitted. If documentation of
  804  completion of the required training is not submitted by that
  805  date, the individual’s license is automatically suspended until
  806  proof of the required training is submitted to the department.
  807  This section does not require a person licensed before January
  808  1, 2007, to complete additional training hours in order to renew
  809  an active license beyond the required total amount of training
  810  within the timeframe prescribed by law at the time he or she was
  811  licensed. An applicant may fulfill the training requirement
  812  prescribed in paragraph (a) by submitting proof of:
  813         1. Successful completion of the total number of required
  814  hours of training before initial application for a Class “D”
  815  license; or
  816         2. Successful completion of 24 hours of training before
  817  initial application for a Class “D” license and successful
  818  completion of the remaining 16 hours of training within 180 days
  819  after the date that the application is submitted. If
  820  documentation of completion of the required training is not
  821  submitted within the specified timeframe, the individual’s
  822  license is automatically suspended until such time as proof of
  823  the required training is provided to the department.
  824         (c) An individual However, any person whose license is
  825  suspended or has been revoked, suspended pursuant to paragraph
  826  (b) subparagraph 2., or is expired for at least 1 year, or
  827  longer is considered, upon reapplication for a license, an
  828  initial applicant and must submit proof of successful completion
  829  of 40 hours of professional training at a school or training
  830  facility licensed by the department as provided prescribed in
  831  paragraph (a) before a license is will be issued. Any person
  832  whose license was issued before January 1, 2007, and whose
  833  license has been expired for less than 1 year must, upon
  834  reapplication for a license, submit documentation of completion
  835  of the total number of hours of training prescribed by law at
  836  the time her or his initial license was issued before another
  837  license will be issued. This subsection does not require an
  838  individual licensed before January 1, 2007, to complete
  839  additional training hours in order to renew an active license,
  840  beyond the required total amount of training within the
  841  timeframe prescribed by law at the time she or he was licensed.
  842         Section 20. Subsection (2) of section 493.6304, Florida
  843  Statutes, is amended to read:
  844         493.6304 Security officer school or training facility.—
  845         (2) The application shall be signed and verified by the
  846  applicant under oath as provided in s. 92.525 notarized and
  847  shall contain, at a minimum, the following information:
  848         (a) The name and address of the school or training facility
  849  and, if the applicant is an individual, her or his name,
  850  address, and social security or alien registration number.
  851         (b) The street address of the place at which the training
  852  is to be conducted.
  853         (c) A copy of the training curriculum and final examination
  854  to be administered.
  855         Section 21. Subsections (7) and (8) of section 493.6401,
  856  Florida Statutes, are amended to read:
  857         493.6401 Classes of licenses.—
  858         (7) Any person who operates a recovery agent repossessor
  859  school or training facility or who conducts an Internet-based
  860  training course or a correspondence training course must have a
  861  Class “RS” license.
  862         (8) Any individual who teaches or instructs at a Class “RS”
  863  recovery agent repossessor school or training facility shall
  864  have a Class “RI” license.
  865         Section 22. Paragraphs (f) and (g) of subsection (1) and
  866  subsection (3) of section 493.6402, Florida Statutes, are
  867  amended to read:
  868         493.6402 Fees.—
  869         (1) The department shall establish by rule biennial license
  870  fees which shall not exceed the following:
  871         (f) Class “RS” license—recovery agent repossessor school or
  872  training facility: $60.
  873         (g) Class “RI” license—recovery agent repossessor school or
  874  training facility instructor: $60.
  875         (3) The fees set forth in this section must be paid by
  876  certified check or money order, or, at the discretion of the
  877  department, by agency check at the time the application is
  878  approved, except that the applicant for a Class “E,” Class “EE,”
  879  or Class “MR” license must pay the license fee at the time the
  880  application is made. If a license is revoked or denied, or if an
  881  application is withdrawn, the license fee shall not be refunded.
  882         Section 23. Section 493.6406, Florida Statutes, is amended
  883  to read:
  884         493.6406 Recovery agent Repossession services school or
  885  training facility.—
  886         (1) Any school, training facility, or instructor who offers
  887  the training outlined in s. 493.6403(2) for Class “E” or Class
  888  “EE” applicants shall, before licensure of such school, training
  889  facility, or instructor, file with the department an application
  890  accompanied by an application fee in an amount to be determined
  891  by rule, not to exceed $60. The fee shall not be refundable.
  892  This training may be offered as face-to-face training, Internet
  893  based training, or correspondence training.
  894         (2) The application shall be signed and verified by the
  895  applicant under oath as provided in s. 92.525 notarized and
  896  shall contain, at a minimum, the following information:
  897         (a) The name and address of the school or training facility
  898  and, if the applicant is an individual, his or her name,
  899  address, and social security or alien registration number.
  900         (b) The street address of the place at which the training
  901  is to be conducted or the street address of the Class “RS”
  902  school offering Internet-based or correspondence training.
  903         (c) A copy of the training curriculum and final examination
  904  to be administered.
  905         (3) The department shall adopt rules establishing the
  906  criteria for approval of schools, training facilities, and
  907  instructors.
  908         Section 24. Section 500.033, Florida Statutes, is amended
  909  to read:
  910         500.033 Florida Food Safety and Food Defense Advisory
  911  Council.—
  912         (1) There is created the Florida Food Safety and Food
  913  Defense Advisory Council for the purpose of serving as a forum
  914  for presenting, investigating, and evaluating issues of current
  915  importance to the assurance of a safe and secure food supply to
  916  the citizens of Florida. The Florida Food Safety and Food
  917  Defense Advisory Council shall consist of, but not be limited
  918  to: the Commissioner of Agriculture or his or her designee; the
  919  State Surgeon General or his or her designee; the Secretary of
  920  Business and Professional Regulation or his or her designee; the
  921  person responsible for domestic security with the Department of
  922  Law Enforcement; members representing the production,
  923  processing, distribution, and sale of foods; members
  924  representing small farmers; consumers or members of citizens
  925  groups; representatives of food industry groups; scientists or
  926  other experts in aspects of food safety from state universities;
  927  representatives from local, state, and federal agencies that are
  928  charged with responsibilities for food safety or food defense;
  929  the chairs of the Agriculture Committees of the Senate and the
  930  House of Representatives or their designees; and the chairs of
  931  the committees of the Senate and the House of Representatives
  932  with jurisdictional oversight of home defense issues or their
  933  designees. The Commissioner of Agriculture shall appoint the
  934  remaining members. The council shall make periodic reports to
  935  the Department of Agriculture and Consumer Services concerning
  936  findings and recommendations in the area of food safety and food
  937  defense.
  938         (2) The council shall consider the development of
  939  appropriate advice or recommendations on food safety or food
  940  defense issues. In the discharge of their duties, the council
  941  members may receive for review confidential data exempt from the
  942  provisions of s. 119.07(1); however, it is unlawful for any
  943  member of the council to use the data for his or her advantage
  944  or reveal the data to the general public.
  945         Section 25. Paragraph (a) of subsection (2) of section
  946  501.605, Florida Statutes, is amended to read:
  947         501.605 Licensure of commercial telephone sellers.—
  948         (2) An applicant for a license as a commercial telephone
  949  seller must submit to the department, in such form as it
  950  prescribes, a written application for the license. The
  951  application must set forth the following information:
  952         (a) The true name, date of birth, driver’s license number,
  953  social security number, and home address of the applicant,
  954  including each name under which he or she intends to do
  955  business.
  956  
  957  The application shall be accompanied by a copy of any: Script,
  958  outline, or presentation the applicant will require or suggest a
  959  salesperson to use when soliciting, or, if no such document is
  960  used, a statement to that effect; sales information or
  961  literature to be provided by the applicant to a salesperson; and
  962  sales information or literature to be provided by the applicant
  963  to a purchaser in connection with any solicitation.
  964         Section 26. Paragraph (a) of subsection (1) of section
  965  501.607, Florida Statutes, is amended to read:
  966         501.607 Licensure of salespersons.—
  967         (1) An applicant for a license as a salesperson must submit
  968  to the department, in such form as it prescribes, a written
  969  application for a license. The application must set forth the
  970  following information:
  971         (a) The true name, date of birth, driver’s license number,
  972  social security number, and home address of the applicant.
  973         Section 27. Subsection (2) of section 501.913, Florida
  974  Statutes, is amended to read:
  975         501.913 Registration.—
  976         (2) The completed application shall be accompanied by:
  977         (a) Specimens or facsimiles of the label for each brand of
  978  antifreeze;
  979         (b) An application fee of $200 for each brand; and
  980         (c) A properly labeled sample of at least 1 gallon, but not
  981  more than 2 gallons, of each brand of antifreeze.
  982         Section 28. Subsection (2) of section 525.01, Florida
  983  Statutes, is amended to read:
  984         525.01 Gasoline and oil to be inspected.—
  985         (2) All petroleum fuels are shall be subject to inspection
  986  and analysis by the department. Before selling or offering for
  987  sale in this state any petroleum fuel, all manufacturers,
  988  terminal suppliers, wholesalers, and importers as defined in s.
  989  206.01 jobbers shall file with the department:
  990         (a) An affidavit stating that they desire to do business in
  991  this state, and the name and address of the manufacturer of the
  992  petroleum fuel.
  993         (b) An affidavit stating that the petroleum fuel is in
  994  conformity with the standards prescribed by department rule.
  995         Section 29. Subsections (1) and (3) of section 525.09,
  996  Florida Statutes, are amended to read:
  997         525.09 Inspection fee.—
  998         (1) For the purpose of defraying the expenses incident to
  999  inspecting, testing, and analyzing petroleum fuels in this
 1000  state, there shall be paid to the department a charge of one
 1001  eighth cent per gallon on all gasoline, alternative fuel
 1002  containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
 1003  kerosene (except when used as aviation turbine fuel), and #1
 1004  fuel oil for sale or use in this state. This inspection fee
 1005  shall be imposed in the same manner as the motor fuel tax
 1006  pursuant to s. 206.41. Payment shall be made on or before the
 1007  25th day of each month.
 1008         (3) All remittances to the department for the inspection
 1009  tax herein provided shall be accompanied by a detailed report
 1010  under oath showing the number of gallons of gasoline,
 1011  alternative fuel containing alcohol as defined in s.
 1012  525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
 1013  in each county.
 1014         Section 30. Section 526.50, Florida Statutes, is amended to
 1015  read:
 1016         526.50 Definition of terms.—As used in this part:
 1017         (1) “Brake fluid” means the fluid intended for use as the
 1018  liquid medium through which force is transmitted in the
 1019  hydraulic brake system of a vehicle operated upon the highways.
 1020         (2) “Brand” means the product name appearing on the label
 1021  of a container of brake fluid.
 1022         (3) “Container” means any receptacle in which brake fluid
 1023  is immediately contained when sold, but does not mean a carton
 1024  or wrapping in which a number of such receptacles are shipped or
 1025  stored or a tank car or truck.
 1026         (4)(2) “Department” means the Department of Agriculture and
 1027  Consumer Services.
 1028         (5) “Formula” means the name of the chemical mixture or
 1029  composition of the brake fluid product.
 1030         (6) “Labeling” includes all written, printed or graphic
 1031  representations, in any form whatsoever, imprinted upon or
 1032  affixed to any container of brake fluid.
 1033         (7) “Permit year” means a period of 12 months commencing
 1034  July 1 and ending on the next succeeding June 30.
 1035         (8) “Registrant” means any manufacturer, packer,
 1036  distributor, seller, or other person who has registered a brake
 1037  fluid with the department.
 1038         (9)(3) “Sell” includes give, distribute, barter, exchange,
 1039  trade, keep for sale, offer for sale or expose for sale, in any
 1040  of their variant forms.
 1041         (4)“Labeling” includes all written, printed or graphic
 1042  representations, in any form whatsoever, imprinted upon or
 1043  affixed to any container of brake fluid.
 1044         (5)“Container” means any receptacle in which brake fluid
 1045  is immediately contained when sold, but does not mean a carton
 1046  or wrapping in which a number of such receptacles are shipped or
 1047  stored or a tank car or truck.
 1048         (6)“Permit year” means a period of 12 months commencing
 1049  July 1 and ending on the next succeeding June 30.
 1050         (7)“Registrant” means any manufacturer, packer,
 1051  distributor, seller, or other person who has registered a brake
 1052  fluid with the department.
 1053         Section 31. Section 526.51, Florida Statutes, is amended to
 1054  read:
 1055         526.51 Registration; renewal and fees; departmental
 1056  expenses; cancellation or refusal to issue or renew.—
 1057         (1)(a) Application for registration of each brand of brake
 1058  fluid shall be made on forms to be supplied by the department.
 1059  The applicant shall give his or her name and address and the
 1060  brand name of the brake fluid, state that he or she owns the
 1061  brand name and has complete control over the product sold
 1062  thereunder in Florida, and provide the name and address of the
 1063  resident agent in Florida. If the applicant does not own the
 1064  brand name but wishes to register the product with the
 1065  department, a notarized affidavit that gives the applicant full
 1066  authorization to register the brand name and that is signed by
 1067  the owner of the brand name must accompany the application for
 1068  registration. The affidavit must include all affected brand
 1069  names, the owner’s company or corporate name and address, the
 1070  applicant’s company or corporate name and address, and a
 1071  statement from the owner authorizing the applicant to register
 1072  the product with the department. The owner of the brand name
 1073  shall maintain complete control over each product sold under
 1074  that brand name in this state. All first-time brand-formula
 1075  combination new product applications must be accompanied by a
 1076  certified report from an independent testing laboratory, setting
 1077  forth the analysis of the brake fluid which shall show its
 1078  quality to be not less than the specifications established by
 1079  the department for brake fluids. A sample of not less than 24
 1080  fluid ounces of brake fluid shall be submitted, in a container
 1081  or containers, with labels representing exactly how the
 1082  containers of brake fluid will be labeled when sold, and the
 1083  sample and container shall be analyzed and inspected by the
 1084  Division of Standards in order that compliance with the
 1085  department’s specifications and labeling requirements may be
 1086  verified. Upon approval of the application, the department shall
 1087  register the brand name of the brake fluid and issue to the
 1088  applicant a permit authorizing the registrant to sell the brake
 1089  fluid in this state during the permit year specified in the
 1090  permit.
 1091         (b) Each applicant shall pay a fee of $100 with each
 1092  application. A permit may be renewed by application to the
 1093  department, accompanied by a renewal fee of $50 on or before the
 1094  last day of the permit year immediately preceding the permit
 1095  year for which application is made for renewal of registration.
 1096  To any fee not paid when due, there shall accrue a penalty of
 1097  $25, which shall be added to the renewal fee. Renewals will be
 1098  accepted only on brake fluids that have no change in formula,
 1099  composition, or brand name. Any change in formula, composition,
 1100  or brand name of any brake fluid constitutes a new product that
 1101  must be registered in accordance with this part.
 1102         (2) All fees collected under the provisions of this section
 1103  shall be credited to the General Inspection Trust Fund of the
 1104  department and all expenses incurred in the enforcement of this
 1105  part shall be paid from said fund.
 1106         (3) The department may cancel, refuse to issue or refuse to
 1107  renew any registration and permit after due notice and
 1108  opportunity to be heard if it finds that the brake fluid is
 1109  adulterated or misbranded or that the registrant has failed to
 1110  comply with the provisions of this part or the rules and
 1111  regulations promulgated thereunder.
 1112         Section 32. Paragraph (a) of subsection (3) of section
 1113  526.52, Florida Statutes, is amended to read:
 1114         526.52 Specifications; adulteration and misbranding.—
 1115         (3) Brake fluid is deemed to be misbranded:
 1116         (a) If its container does not bear on its side or top a
 1117  label on which is printed the name and place of business of the
 1118  registrant of the product, the words “brake fluid,” and a
 1119  statement that the product therein equals or exceeds the minimum
 1120  specification of the Society of Automotive Engineers for heavy
 1121  duty-type brake fluid or equals or exceeds Federal Motor Vehicle
 1122  Safety Standard No. 116 adopted by the United States Department
 1123  of Transportation, heavy-duty-type. By regulation the department
 1124  may require that the duty-type classification appear on the
 1125  label.
 1126         Section 33. Subsection (2) of section 526.53, Florida
 1127  Statutes, is amended to read:
 1128         526.53 Enforcement; inspection and analysis, stop-sale and
 1129  disposition, regulations.—
 1130         (2)(a) When any brake fluid is sold in violation of any of
 1131  the provisions of this part, all such affected brake fluid of
 1132  the same brand name on the same premises on which the violation
 1133  occurred shall be placed under a stop-sale order by the
 1134  department by serving the owner of the brand name, distributor,
 1135  or other entity responsible for selling or distributing the
 1136  product in the state with the stop-sale order. The department
 1137  shall withdraw its stop-sale order upon the removal of the
 1138  violation or upon voluntary destruction of the product, or other
 1139  disposal approved by the department, under the supervision of
 1140  the department.
 1141         (b) In addition to being subject to the stop-sale
 1142  procedures above, unregistered brake fluid shall be held by the
 1143  department or its representative, at a place to be designated in
 1144  the stop-sale order, until properly registered and released in
 1145  writing by the department or its representative. If application
 1146  is has not been made for registration of the such product within
 1147  30 days after issue of the stop-sale order, such product shall
 1148  be disposed of by the department, or, with the department’s
 1149  consent, by the business, to any tax-supported institution or
 1150  agency of the state if the brake fluid meets legal
 1151  specifications or by other disposal authorized by rule of the
 1152  department if it fails to meet legal specifications.
 1153         Section 34. Subsections (1) and (3) and paragraphs (a) and
 1154  (c) of subsection (5) of section 527.0201, Florida Statutes, are
 1155  amended to read:
 1156         527.0201 Qualifiers; master qualifiers; examinations.—
 1157         (1) In addition to the requirements of s. 527.02, any
 1158  person applying for a license to engage in the activities of a
 1159  pipeline system operator, category I liquefied petroleum gas
 1160  dealer, category II liquefied petroleum gas dispenser, category
 1161  IV liquefied petroleum gas dispenser and recreational vehicle
 1162  servicer, category V liquefied petroleum gases dealer for
 1163  industrial uses only, LP gas installer, specialty installer,
 1164  requalifier requalification of cylinders, or fabricator,
 1165  repairer, and tester of vehicles and cargo tanks must prove
 1166  competency by passing a written examination administered by the
 1167  department or its agent with a grade of at least 75 percent in
 1168  each area tested or above. Each applicant for examination shall
 1169  submit a $20 nonrefundable fee. The department shall by rule
 1170  specify the general areas of competency to be covered by each
 1171  examination and the relative weight to be assigned in grading
 1172  each area tested.
 1173         (3) Qualifier cards issued to category I liquefied
 1174  petroleum gas dealers and liquefied petroleum gas installers
 1175  shall expire 3 years after the date of issuance. All category I
 1176  liquefied petroleum gas dealer qualifiers and liquefied
 1177  petroleum gas installer qualifiers holding a valid qualifier
 1178  card upon the effective date of this act shall retain their
 1179  qualifier status until July 1, 2003, and may sit for the master
 1180  qualifier examination at any time during that time period. All
 1181  such category I liquefied petroleum gas dealer qualifiers and
 1182  liquefied petroleum gas installer qualifiers may renew their
 1183  qualification on or before July 1, 2003, upon application to the
 1184  department, payment of a $20 renewal fee, and documentation of
 1185  the completion of a minimum of 16 12 hours of approved
 1186  continuing education courses, as defined by department rule,
 1187  during the previous 3-year period. Applications for renewal must
 1188  be made 30 calendar days prior to expiration. Persons failing to
 1189  renew prior to the expiration date must reapply and take a
 1190  qualifier competency examination in order to reestablish
 1191  category I liquefied petroleum gas dealer qualifier and
 1192  liquefied petroleum gas installer qualifier status. If a
 1193  category I liquefied petroleum gas qualifier or liquefied
 1194  petroleum gas installer qualifier becomes a master qualifier at
 1195  any time during the effective date of the qualifier card, the
 1196  card shall remain in effect until expiration of the master
 1197  qualifier certification.
 1198         (5) In addition to all other licensing requirements, each
 1199  category I liquefied petroleum gas dealer and liquefied
 1200  petroleum gas installer must, at the time of application for
 1201  licensure, identify to the department one master qualifier who
 1202  is a full-time employee at the licensed location. This person
 1203  shall be a manager, owner, or otherwise primarily responsible
 1204  for overseeing the operations of the licensed location and must
 1205  provide documentation to the department as provided by rule. The
 1206  master qualifier requirement shall be in addition to the
 1207  requirements of subsection (1).
 1208         (a) In order to apply for certification as a master
 1209  qualifier, each applicant must be a category I liquefied
 1210  petroleum gas dealer qualifier or liquefied petroleum gas
 1211  installer qualifier, must be employed by a licensed category I
 1212  liquefied petroleum gas dealer, liquefied petroleum gas
 1213  installer, or applicant for such license, must provide
 1214  documentation of a minimum of 1 year’s work experience in the
 1215  gas industry, and must pass a master qualifier competency
 1216  examination. Master qualifier examinations shall be based on
 1217  Florida’s laws, rules, and adopted codes governing liquefied
 1218  petroleum gas safety, general industry safety standards, and
 1219  administrative procedures. The examination must be successfully
 1220  passed completed by the applicant with a grade of at least 75
 1221  percent or more. Each applicant for master qualifier status
 1222  shall submit to the department a nonrefundable $30 examination
 1223  fee prior to the examination.
 1224         (c) Master qualifier status shall expire 3 years after the
 1225  date of issuance of the certificate and may be renewed by
 1226  submission to the department of documentation of completion of
 1227  at least 16 12 hours of approved continuing education courses
 1228  during the 3-year period; proof of employment with a licensed
 1229  category I liquefied petroleum gas dealer, liquefied petroleum
 1230  gas installer, or applicant; and a $30 certificate renewal fee.
 1231  The department shall define, by rule, approved courses of
 1232  continuing education.
 1233         Section 35. Section 527.12, Florida Statutes, is amended to
 1234  read:
 1235         527.12 Cease and desist orders; stop-use orders; stop
 1236  operation orders; stop-sale orders; administrative fines.—
 1237         (1) Whenever the department has shall have reason to
 1238  believe that any person is violating or has violated been
 1239  violating provisions of this chapter or any rules adopted under
 1240  this chapter pursuant thereto, the department it may issue a
 1241  cease and desist order, or impose a civil penalty, or do both
 1242  may issue such cease and desist order and impose a civil
 1243  penalty.
 1244         (2) Whenever a person or liquefied petroleum gas system or
 1245  storage facility, or any part or component thereof, fails to
 1246  comply with this chapter or any rules adopted under this
 1247  chapter, the department may issue a stop-use order, stop
 1248  operation order, or stop-sale order.
 1249         Section 36. Subsection (1) of section 559.805, Florida
 1250  Statutes, is amended to read:
 1251         559.805 Filings with the department; disclosure of
 1252  advertisement identification number.—
 1253         (1) Every seller of a business opportunity shall annually
 1254  file with the department a copy of the disclosure statement
 1255  required by s. 559.803 before prior to placing an advertisement
 1256  or making any other representation designed to offer to, sell
 1257  to, or solicit an offer to buy a business opportunity from a
 1258  prospective purchaser in this state and shall update this filing
 1259  by reporting any material change in the required information
 1260  within 30 days after the material change occurs. An
 1261  advertisement is not placed in the state merely because the
 1262  publisher circulates, or there is circulated on his or her
 1263  behalf in the state, any bona fide newspaper or other
 1264  publication of general, regular, and paid circulation which has
 1265  had more than two-thirds of its circulation during the past 12
 1266  months outside the state or because a radio or television
 1267  program originating outside the state is received in the state.
 1268  If the seller is required by s. 559.807 to provide a bond or
 1269  establish a trust account or guaranteed letter of credit, he or
 1270  she shall contemporaneously file with the department a copy of
 1271  the bond, a copy of the formal notification by the depository
 1272  that the trust account is established, or a copy of the
 1273  guaranteed letter of credit. Every seller of a business
 1274  opportunity shall file with the department a list of independent
 1275  agents who will engage in the offer or sale of business
 1276  opportunities on behalf of the seller in this state. This list
 1277  must be kept current and shall include the following
 1278  information: name, home and business address, telephone number,
 1279  present employer, social security number, and birth date. A No
 1280  person may not shall be allowed to offer or sell business
 1281  opportunities unless the required information is has been
 1282  provided to the department.
 1283         Section 37. Subsection (3) of section 559.928, Florida
 1284  Statutes, is amended to read:
 1285         559.928 Registration.—
 1286         (3) Each independent agent shall annually file an affidavit
 1287  with the department before prior to engaging in business in this
 1288  state. This affidavit must include the independent agent’s full
 1289  name, legal business or trade name, mailing address, business
 1290  address, telephone number, social security number, and the name
 1291  or names and addresses of each seller of travel represented by
 1292  the independent agent. A letter evidencing proof of filing must
 1293  be issued by the department and must be prominently displayed in
 1294  the independent agent’s primary place of business. Each
 1295  independent agent must also submit an annual registration fee of
 1296  $50. All moneys collected pursuant to the imposition of the fee
 1297  shall be deposited by the Chief Financial Officer into the
 1298  General Inspection Trust Fund of the Department of Agriculture
 1299  and Consumer Services for the sole purpose of administrating
 1300  this part. As used in this subsection, the term “independent
 1301  agent” means a person who represents a seller of travel by
 1302  soliciting persons on its behalf; who has a written contract
 1303  with a seller of travel which is operating in compliance with
 1304  this part and any rules adopted thereunder; who does not receive
 1305  a fee, commission, or other valuable consideration directly from
 1306  the purchaser for the seller of travel; who does not at any time
 1307  have any unissued ticket stock or travel documents in his or her
 1308  possession; and who does not have the ability to issue tickets,
 1309  vacation certificates, or any other travel document. The term
 1310  “independent agent” does not include an affiliate of the seller
 1311  of travel, as that term is used in s. 559.935(3), or the
 1312  employees of the seller of travel or of such affiliates.
 1313         Section 38. Subsection (7) of section 570.0725, Florida
 1314  Statutes, is amended to read:
 1315         570.0725 Food recovery; legislative intent; department
 1316  functions.—
 1317         (7) For public information purposes, the department may
 1318  shall develop and provide a public information brochure
 1319  detailing the need for food banks and similar of food recovery
 1320  programs, the benefit of such food recovery programs, the manner
 1321  in which such organizations may become involved in such food
 1322  recovery programs, and the protection afforded to such programs
 1323  under s. 768.136, and the food recovery entities or food banks
 1324  that exist in the state. This brochure must be updated annually.
 1325  A food bank or similar food recovery organization seeking to be
 1326  included on a list of such organizations must notify the
 1327  department and provide the information required by rule of the
 1328  department. Such organizations are responsible for updating the
 1329  information and providing the updated information to the
 1330  department. The department may adopt rules to implement this
 1331  section.
 1332         Section 39. Paragraph (e) of subsection (6) of section
 1333  570.53, Florida Statutes, is amended to read:
 1334         570.53 Division of Marketing and Development; powers and
 1335  duties.—The powers and duties of the Division of Marketing and
 1336  Development include, but are not limited to:
 1337         (6)
 1338         (e) Extending in every practicable way the distribution and
 1339  sale of Florida agricultural products throughout the markets of
 1340  the world as required of the department by s. ss. 570.07(7),
 1341  (8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
 1342         Section 40. Subsection (2) of section 570.54, Florida
 1343  Statutes, is amended to read:
 1344         570.54 Director; duties.—
 1345         (2) It shall be the duty of the director of this division
 1346  to supervise, direct, and coordinate the activities authorized
 1347  by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
 1348  (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
 1349  chapters 504, 571, 573, and 574 and to exercise other powers and
 1350  authority as authorized by the department.
 1351         Section 41. Subsection (4) of section 570.55, Florida
 1352  Statutes, is amended to read:
 1353         570.55 Identification of sellers or handlers of tropical or
 1354  subtropical fruit and vegetables; containers specified;
 1355  penalties.—
 1356         (4) IDENTIFICATION OF HANDLER.—At the time of each
 1357  transaction involving the handling or sale of 55 pounds or more
 1358  of tropical or subtropical fruit or vegetables in the primary
 1359  channel of trade, the buyer or receiver of the tropical or
 1360  subtropical fruit or vegetables shall demand a bill of sale,
 1361  invoice, sales memorandum, or other document listing the date of
 1362  the transaction, the quantity of the tropical or subtropical
 1363  fruit or vegetables involved in the transaction, and the
 1364  identification of the seller or handler as it appears on the
 1365  driver’s license of the seller or handler, including the
 1366  driver’s license number. If the seller or handler does not
 1367  possess a driver’s license, the buyer or receiver shall use any
 1368  other acceptable means of identification, which may include, but
 1369  is not limited to, i.e., voter’s registration card and number,
 1370  draft card, social security card, or other identification.
 1371  However, no less than two identification documents shall be
 1372  used. The identification of the seller or handler shall be
 1373  recorded on the bill of sale, sales memorandum, invoice, or
 1374  voucher, which shall be retained by the buyer or receiver for a
 1375  period of not less than 1 year from the date of the transaction.
 1376         Section 42. Subsection (3) of section 570.902, Florida
 1377  Statutes, is amended to read:
 1378         570.902 Definitions; ss. 570.902 and 570.903.—For the
 1379  purpose of ss. 570.902 and 570.903:
 1380         (3) “Museum” means the Florida Agricultural Museum which is
 1381  designated as the museum for agriculture and rural history of
 1382  the State of Florida.
 1383         Section 43. Section 570.903, Florida Statutes, is amended
 1384  to read:
 1385         570.903 Direct-support organization.—
 1386         (1) When the Legislature authorizes the establishment of a
 1387  direct-support organization to provide assistance for the
 1388  museums, the Florida Agriculture in the Classroom Program, the
 1389  Florida State Collection of Arthropods, the Friends of the
 1390  Florida State Forests Program of the Division of Forestry, and
 1391  the Forestry Arson Alert Program, and other programs of the
 1392  department, the following provisions shall govern the creation,
 1393  use, powers, and duties of the direct-support organization.
 1394         (a) The department shall enter into a memorandum or letter
 1395  of agreement with the direct-support organization, which shall
 1396  specify the approval of the department, the powers and duties of
 1397  the direct-support organization, and rules with which the
 1398  direct-support organization shall comply.
 1399         (b) The department may permit, without charge, appropriate
 1400  use of property, facilities, and personnel of the department by
 1401  a direct-support organization, subject to the provisions of ss.
 1402  570.902 and 570.903. The use shall be directly in keeping with
 1403  the approved purposes of the direct-support organization and
 1404  shall not be made at times or places that would unreasonably
 1405  interfere with opportunities for the general public to use
 1406  department facilities for established purposes.
 1407         (c) The department shall prescribe by contract or by rule
 1408  conditions with which a direct-support organization shall comply
 1409  in order to use property, facilities, or personnel of the
 1410  department or museum. Such rules shall provide for budget and
 1411  audit review and oversight by the department.
 1412         (d) The department shall not permit the use of property,
 1413  facilities, or personnel of the museum, department, or
 1414  designated program by a direct-support organization which does
 1415  not provide equal employment opportunities to all persons
 1416  regardless of race, color, religion, sex, age, or national
 1417  origin.
 1418         (2)(a) The direct-support organization shall be empowered
 1419  to conduct programs and activities; raise funds; request and
 1420  receive grants, gifts, and bequests of money; acquire, receive,
 1421  hold, invest, and administer, in its own name, securities,
 1422  funds, objects of value, or other property, real or personal;
 1423  and make expenditures to or for the direct or indirect benefit
 1424  of the museum or designated program.
 1425         (b) Notwithstanding the provisions of s. 287.057, the
 1426  direct-support organization may enter into contracts or
 1427  agreements with or without competitive bidding for the
 1428  restoration of objects, historical buildings, and other
 1429  historical materials or for the purchase of objects, historical
 1430  buildings, and other historical materials which are to be added
 1431  to the collections of the museum, or benefit of the designated
 1432  program. However, before the direct-support organization may
 1433  enter into a contract or agreement without competitive bidding,
 1434  the direct-support organization shall file a certification of
 1435  conditions and circumstances with the internal auditor of the
 1436  department justifying each contract or agreement.
 1437         (c) Notwithstanding the provisions of s. 287.025(1)(e), the
 1438  direct-support organization may enter into contracts to insure
 1439  property of the museum or designated programs and may insure
 1440  objects or collections on loan from others in satisfying
 1441  security terms of the lender.
 1442         (3) The direct-support organization shall provide for an
 1443  annual financial audit in accordance with s. 215.981.
 1444         (4) Neither a designated program or a museum, nor a
 1445  nonprofit corporation trustee or employee may:
 1446         (a) Receive a commission, fee, or financial benefit in
 1447  connection with the sale or exchange of property historical
 1448  objects or properties to the direct-support organization, the
 1449  museum, or the designated program; or
 1450         (b) Be a business associate of any individual, firm, or
 1451  organization involved in the sale or exchange of property to the
 1452  direct-support organization, the museum, or the designated
 1453  program.
 1454         (5) All moneys received by the direct-support organization
 1455  shall be deposited into an account of the direct-support
 1456  organization and shall be used by the organization in a manner
 1457  consistent with the goals of the museum or designated program.
 1458         (6) The identity of a donor or prospective donor who
 1459  desires to remain anonymous and all information identifying such
 1460  donor or prospective donor are confidential and exempt from the
 1461  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1462  Constitution.
 1463         (7) The Commissioner of Agriculture, or the commissioner’s
 1464  designee, may serve on the board of trustees and the executive
 1465  committee of any direct-support organization established to
 1466  benefit the museum or any designated program.
 1467         (8) The department shall establish by rule archival
 1468  procedures relating to museum artifacts and records. The rules
 1469  shall provide procedures which protect the museum’s artifacts
 1470  and records equivalent to those procedures which have been
 1471  established by the Department of State under chapters 257 and
 1472  267.
 1473         Section 44. Subsection (4) of section 573.118, Florida
 1474  Statutes, is amended to read:
 1475         573.118 Assessment; funds; audit; loans.—
 1476         (4) In the event of levying and collecting of assessments,
 1477  for each fiscal year in which assessment funds are received by
 1478  the department, the department shall maintain records of
 1479  collections and expenditures for each marketing order separately
 1480  within the state’s accounting system. If requested by an
 1481  advisory council, department staff shall cause to be made a
 1482  thorough annual audit of the books and accounts by a certified
 1483  public accountant, such audit to be completed within 60 days
 1484  after the request is received end of the fiscal year. The
 1485  advisory council department and all producers and handlers
 1486  covered by the marketing order shall be provided a copy of the
 1487  properly advised of the details of the annual official audit of
 1488  the accounts as shown by the certified public accountant within
 1489  30 days after completion of the audit.
 1490         Section 45. Subsections (18) through (30) of section
 1491  581.011, Florida Statutes, are renumbered as subsections (17)
 1492  through (29), respectively, and present subsections (17) and
 1493  (20) of that section are amended to read:
 1494         581.011 Definitions.—As used in this chapter:
 1495         (17) “Museum” means the Florida State Collection of
 1496  Arthropods.
 1497         (19)(20) “Nursery” means any grounds or premises on or in
 1498  which nursery stock is grown, propagated, or held for sale or
 1499  distribution, including except where aquatic plant species are
 1500  tended for harvest in the natural environment.
 1501         Section 46. Paragraph (a) of subsection (3) of section
 1502  581.211, Florida Statutes, is amended to read:
 1503         581.211 Penalties for violations.—
 1504         (3)(a)1. In addition to any other provision of law, the
 1505  department may, after notice and hearing, impose an
 1506  administrative fine not exceeding $10,000 $5,000 for each
 1507  violation of this chapter, upon any person, nurseryman, stock
 1508  dealer, agent or plant broker. The fine, when paid, shall be
 1509  deposited in the Plant Industry Trust Fund. In addition, the
 1510  department may place the violator on probation for up to 1 year,
 1511  with conditions.
 1512         2. The imposition of a fine or probation pursuant to this
 1513  subsection may be in addition to or in lieu of the suspension or
 1514  revocation of a certificate of registration or certificate of
 1515  inspection.
 1516         Section 47. Section 583.13, Florida Statutes, is amended to
 1517  read:
 1518         583.13 Labeling and advertising requirements for dressed
 1519  poultry; unlawful acts.—
 1520         (1) It is unlawful for any dealer or broker to sell, offer
 1521  for sale, or hold for the purpose of sale in the state any
 1522  dressed or ready-to-cook poultry in bulk unless the such poultry
 1523  is packed in a container clearly bearing a label, not less than
 1524  3 inches by 5 inches, on which shall be plainly and legibly
 1525  printed, in letters of not less than 1/4 inch high in height,
 1526  the grade and the part name or whole-bird statement of such
 1527  poultry. The grade may be expressed in the term “premium,”
 1528  “good,” or “standard,” or as the grade of another state or
 1529  federal agency the standards of quality of which, by law, are
 1530  equal to the standards of quality provided by this law and rules
 1531  promulgated hereunder.
 1532         (2) It is unlawful to sell unpackaged dressed or ready-to
 1533  cook poultry at retail unless such poultry is labeled by a
 1534  placard immediately adjacent to the poultry or unless each bird
 1535  is individually labeled to show the grade and the part name or
 1536  whole-bird statement. The placard shall be no smaller than 7
 1537  inches by 7 inches in size, and the required labeling
 1538  information shall be legibly and plainly printed on the placard
 1539  in letters not smaller than 1 inch in height.
 1540         (3) It is unlawful to sell packaged dressed or ready-to
 1541  cook poultry at retail unless such poultry is labeled to show
 1542  the grade, the part name or whole-bird statement, the net weight
 1543  of the poultry, and the name and address of the dealer. The size
 1544  of the type on the label must be one-eighth inch or larger. A
 1545  placard immediately adjacent to such poultry may be used to
 1546  indicate the grade and the part name or whole-bird statement,
 1547  but not the net weight of the poultry or the name and address of
 1548  the dealer.
 1549         (4) It is unlawful to use dressed or ready-to-cook poultry
 1550  in bulk in the preparation of food served to the public, or to
 1551  hold such poultry for the purpose of such use, unless the
 1552  poultry when received was packed in a container clearly bearing
 1553  a label, not less than 3 inches by 5 inches, on which was
 1554  plainly and legibly printed, in letters not less than 1/4 one
 1555  fourth inch high in height, the grade and the part name or
 1556  whole-bird statement of such poultry. The grade may be expressed
 1557  in the term “premium,” “good,” or “standard,” or as the grade of
 1558  another state or federal agency the standards of quality of
 1559  which, by law, are equal to the standards of quality provided by
 1560  this law and rules promulgated hereunder.
 1561         (5) It is unlawful to offer dressed or ready-to-cook
 1562  poultry for sale in any advertisement in a newspaper or
 1563  circular, on radio or television, or in any other form of
 1564  advertising without plainly designating in such advertisement
 1565  the grade and the part name or whole-bird statement of such
 1566  poultry.
 1567         Section 48. Subsection (1) of section 585.61, Florida
 1568  Statutes, is amended to read:
 1569         585.61 Animal disease diagnostic laboratories.—
 1570         (1) There is hereby created and established an animal
 1571  disease diagnostic laboratory in Osceola County and Suwannee
 1572  County. The laboratory complex in Osceola County is designated
 1573  as “The Bronson Animal Disease Diagnostic Laboratory.”
 1574         Section 49. Section 590.125, Florida Statutes, is amended
 1575  to read:
 1576         590.125 Open burning authorized by the division.—
 1577         (1) DEFINITIONS.—As used in this section, the term:
 1578         (a) “Certified pile burner” means an individual who
 1579  successfully completes the division’s pile burning certification
 1580  program and possesses a valid pile burner certification number.
 1581         (a)“Prescribed burning” means the controlled application
 1582  of fire in accordance with a written prescription for vegetative
 1583  fuels under specified environmental conditions while following
 1584  appropriate precautionary measures that ensure that the fire is
 1585  confined to a predetermined area to accomplish the planned fire
 1586  or land-management objectives.
 1587         (b) “Certified prescribed burn manager” means an individual
 1588  who successfully completes the certified prescribed burning
 1589  certification program of the division and possesses a valid
 1590  certification number.
 1591         (c)“Prescription” means a written plan establishing the
 1592  criteria necessary for starting, controlling, and extinguishing
 1593  a prescribed burn.
 1594         (c)(d) “Extinguished” means: that no spreading flame
 1595         1. For wild land burning or certified prescribed burning,
 1596  that no spreading flames exist. and no visible flame, smoke, or
 1597  emissions
 1598         2. For vegetative land-clearing debris burning or pile
 1599  burning, that no visible flames exist.
 1600         3. For vegetative land-clearing debris burning or pile
 1601  burning in an area designated as smoke sensitive by the
 1602  division, that no visible flames, smoke, or emissions exist.
 1603         (d) “Land-clearing operation” means the uprooting or
 1604  clearing of vegetation in connection with the construction of
 1605  buildings and rights-of-way, land development, and mineral
 1606  operations. The term does not include the clearing of yard
 1607  trash.
 1608         (e) “Pile burning” means the burning of silvicultural,
 1609  agricultural, or land-clearing and tree-cutting debris
 1610  originating onsite, which is stacked together in a round or
 1611  linear fashion, including, but not limited to, a windrow.
 1612         (f) “Prescribed burning” means the controlled application
 1613  of fire in accordance with a written prescription for vegetative
 1614  fuels under specified environmental conditions while following
 1615  appropriate precautionary measures that ensure that the fire is
 1616  confined to a predetermined area to accomplish the planned fire
 1617  or land-management objectives.
 1618         (g) “Prescription” means a written plan establishing the
 1619  criteria necessary for starting, controlling, and extinguishing
 1620  a prescribed burn.
 1621         (h) “Yard trash” means vegetative matter resulting from
 1622  landscaping and yard maintenance operations and other such
 1623  routine property cleanup activities. The term includes materials
 1624  such as leaves, shrub trimmings, grass clippings, brush, and
 1625  palm fronds.
 1626         (2) NONCERTIFIED BURNING.—
 1627         (a) Persons may be authorized to burn wild land or
 1628  vegetative land-clearing debris in accordance with this
 1629  subsection if:
 1630         1. There is specific consent of the landowner or his or her
 1631  designee;
 1632         2. Authorization has been obtained from the division or its
 1633  designated agent before starting the burn;
 1634         3. There are adequate firebreaks at the burn site and
 1635  sufficient personnel and firefighting equipment for the control
 1636  of the fire;
 1637         4. The fire remains within the boundary of the authorized
 1638  area;
 1639         5. Someone is present at the burn site until the fire is
 1640  extinguished;
 1641         6. The division does not cancel the authorization; and
 1642         7. The division determines that air quality and fire danger
 1643  are favorable for safe burning.
 1644         (b) A person who burns wild land or vegetative land
 1645  clearing debris in a manner that violates any requirement of
 1646  this subsection commits a misdemeanor of the second degree,
 1647  punishable as provided in s. 775.082 or s. 775.083.
 1648         (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
 1649  PURPOSE.—
 1650         (a) The application of prescribed burning is a land
 1651  management tool that benefits the safety of the public, the
 1652  environment, and the economy of the state. The Legislature finds
 1653  that:
 1654         1. Prescribed burning reduces vegetative fuels within wild
 1655  land areas. Reduction of the fuel load reduces the risk and
 1656  severity of wildfire, thereby reducing the threat of loss of
 1657  life and property, particularly in urban areas.
 1658         2. Most of Florida’s natural communities require periodic
 1659  fire for maintenance of their ecological integrity. Prescribed
 1660  burning is essential to the perpetuation, restoration, and
 1661  management of many plant and animal communities. Significant
 1662  loss of the state’s biological diversity will occur if fire is
 1663  excluded from fire-dependent systems.
 1664         3. Forestland and rangeland constitute significant
 1665  economic, biological, and aesthetic resources of statewide
 1666  importance. Prescribed burning on forestland prepares sites for
 1667  reforestation, removes undesirable competing vegetation,
 1668  expedites nutrient cycling, and controls or eliminates certain
 1669  forest pathogens. On rangeland, prescribed burning improves the
 1670  quality and quantity of herbaceous vegetation necessary for
 1671  livestock production.
 1672         4. The state purchased hundreds of thousands of acres of
 1673  land for parks, preserves, wildlife management areas, forests,
 1674  and other public purposes. The use of prescribed burning for
 1675  management of public lands is essential to maintain the specific
 1676  resource values for which these lands were acquired.
 1677         5. A public education program is necessary to make citizens
 1678  and visitors aware of the public safety, resource, and economic
 1679  benefits of prescribed burning.
 1680         6. Proper training in the use of prescribed burning is
 1681  necessary to ensure maximum benefits and protection for the
 1682  public.
 1683         7. As Florida’s population continues to grow, pressures
 1684  from liability issues and nuisance complaints inhibit the use of
 1685  prescribed burning. Therefore, the division is urged to maximize
 1686  the opportunities for prescribed burning conducted during its
 1687  daytime and nighttime authorization process.
 1688         (b) Certified prescribed burning pertains only to broadcast
 1689  burning for purposes of silviculture, wildlife management,
 1690  ecological maintenance and restoration, hazardous fuels
 1691  reduction, and range and pasture management. It must be
 1692  conducted in accordance with this subsection and:
 1693         1. May be accomplished only when a certified prescribed
 1694  burn manager is present on site with a copy of the prescription
 1695  from ignition of the burn to its completion.
 1696         2. Requires that a written prescription be prepared before
 1697  receiving authorization to burn from the division.
 1698         3. Requires that the specific consent of the landowner or
 1699  his or her designee be obtained before requesting an
 1700  authorization.
 1701         4. Requires that an authorization to burn be obtained from
 1702  the division before igniting the burn.
 1703         5. Requires that there be adequate firebreaks at the burn
 1704  site and sufficient personnel and firefighting equipment for the
 1705  control of the fire.
 1706         6. Is considered to be in the public interest and does not
 1707  constitute a public or private nuisance when conducted under
 1708  applicable state air pollution statutes and rules.
 1709         7. Is considered to be a property right of the property
 1710  owner if vegetative fuels are burned as required in this
 1711  subsection.
 1712         (c) Neither a property owner nor his or her agent is liable
 1713  pursuant to s. 590.13 for damage or injury caused by the fire or
 1714  resulting smoke or considered to be in violation of subsection
 1715  (2) for burns conducted in accordance with this subsection
 1716  unless gross negligence is proven.
 1717         (d) Any certified burner who violates this section commits
 1718  a misdemeanor of the second degree, punishable as provided in s.
 1719  775.082 or s. 775.083.
 1720         (e) The division shall adopt rules for the use of
 1721  prescribed burning and for certifying and decertifying certified
 1722  prescribed burn managers based on their past experience,
 1723  training, and record of compliance with this section.
 1724         (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
 1725  PURPOSE.—
 1726         (a) Pile burning is a tool that benefits current and future
 1727  generations in Florida by disposing of naturally occurring
 1728  vegetative debris through burning rather than disposing of the
 1729  debris in landfills.
 1730         (b) Certified pile burning pertains to the disposal of
 1731  piled, naturally occurring debris from an agricultural,
 1732  silvicultural, or temporary land-clearing operation. A land
 1733  clearing operation is temporary if it operates for 6 months or
 1734  less. Certified pile burning must be conducted in accordance
 1735  with this subsection, and:
 1736         1. A certified pile burner must ensure, before ignition,
 1737  that the piles are properly placed and that the content of the
 1738  piles is conducive to efficient burning.
 1739         2. A certified pile burner must ensure that the piles are
 1740  properly extinguished no later than 1 hour after sunset. If the
 1741  burn is conducted in an area designated by the division as smoke
 1742  sensitive, a certified pile burner must ensure that the piles
 1743  are properly extinguished at least 1 hour before sunset.
 1744         3. A written pile burn plan must be prepared before
 1745  receiving authorization from the division to burn.
 1746         4. The specific consent of the landowner or his or her
 1747  agent must be obtained before requesting authorization to burn.
 1748         5. An authorization to burn must be obtained from the
 1749  division or its designated agent before igniting the burn.
 1750         6. There must be adequate firebreaks and sufficient
 1751  personnel and firefighting equipment at the burn site to control
 1752  the fire.
 1753         (c) If a burn is conducted in accordance with this
 1754  subsection, the property owner and his or her agent are not
 1755  liable under s. 590.13 for damage or injury caused by the fire
 1756  or resulting smoke, and are not in violation of subsection (2),
 1757  unless gross negligence is proven.
 1758         (d) A certified pile burner who violates this section
 1759  commits a misdemeanor of the second degree, punishable as
 1760  provided in s. 775.082 or s. 775.083.
 1761         (e) The division shall adopt rules regulating certified
 1762  pile burning. The rules shall include procedures and criteria
 1763  for certifying and decertifying certified pile burn managers
 1764  based on past experience, training, and record of compliance
 1765  with this section.
 1766         (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE
 1767  DIVISION.—The division may conduct fuel reduction initiatives,
 1768  including, but not limited to, burning and mechanical and
 1769  chemical treatment, on any area of wild land within the state
 1770  which is reasonably determined to be in danger of wildfire in
 1771  accordance with the following procedures:
 1772         (a) Describe the areas that will receive fuels treatment to
 1773  the affected local governmental entity.
 1774         (b) Publish a treatment notice, including a description of
 1775  the area to be treated, in a conspicuous manner in at least one
 1776  newspaper of general circulation in the area of the treatment
 1777  not less than 10 days before the treatment.
 1778         (c) Prepare, and send the county tax collector shall
 1779  include with the annual tax statement, a notice to be sent to
 1780  all landowners in each area township designated by the division
 1781  as a wildfire hazard area. The notice must describe particularly
 1782  the area to be treated and the tentative date or dates of the
 1783  treatment and must list the reasons for and the expected
 1784  benefits from the wildfire hazard reduction.
 1785         (d) Consider any landowner objections to the fuels
 1786  treatment of his or her property. The landowner may apply to the
 1787  director of the division for a review of alternative methods of
 1788  fuel reduction on the property. If the director or his or her
 1789  designee does not resolve the landowner objection, the director
 1790  shall convene a panel made up of the local forestry unit
 1791  manager, the fire chief of the jurisdiction, and the affected
 1792  county or city manager, or any of their designees. If the
 1793  panel’s recommendation is not acceptable to the landowner, the
 1794  landowner may request further consideration by the Commissioner
 1795  of Agriculture or his or her designee and shall thereafter be
 1796  entitled to an administrative hearing pursuant to the provisions
 1797  of chapter 120.
 1798         (6) DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
 1799  AUTHORIZATION PROGRAMS.—
 1800         (a) A county or municipality may exercise the division’s
 1801  authority, if delegated by the division under this subsection,
 1802  to issue authorizations for the burning of yard trash or debris
 1803  from land-clearing operations. A county’s or municipality’s
 1804  existing or proposed open burning authorization program must:
 1805         1. Be approved by the division. The division shall not
 1806  approve a program if it fails to meet the requirements of
 1807  subsections (2) and (4) and any rules adopted under those
 1808  subsections.
 1809         2. Provide by ordinance or local law the requirements for
 1810  obtaining and performing a burn authorization that comply with
 1811  subsections (2) and (4) and any rules adopted under those
 1812  subsections.
 1813         3. Provide for the enforcement of the program’s
 1814  requirements.
 1815         4. Provide financial, personnel, and other resources needed
 1816  to carry out the program.
 1817         (b) If the division determines that a county’s or
 1818  municipality’s open burning authorization program does not
 1819  comply with subsections (2) and (4) and any rules adopted under
 1820  those subsections, the division shall require the county or
 1821  municipality to take necessary corrective actions within a
 1822  reasonable period, not to exceed 90 days.
 1823         1. If the county or municipality fails to take the
 1824  necessary corrective actions within the required period, the
 1825  division shall resume administration of the open burning
 1826  authorization program in the county or municipality and the
 1827  county or municipality shall cease administration of its
 1828  program.
 1829         2. Each county and municipality administering an open
 1830  burning authorization program must cooperate with and assist the
 1831  division in carrying out the division’s powers, duties, and
 1832  functions.
 1833         3. A person who violates the requirements of a county’s or
 1834  municipality’s open burning authorization program, as provided
 1835  by ordinance or local law enacted pursuant to this section,
 1836  commits a violation of this chapter, punishable as provided in
 1837  s. 590.14.
 1838         (7)(5) DUTIES OF AGENCIES.—The Department of Education
 1839  shall incorporate, where feasible and appropriate, the issues of
 1840  fuels treatment, including prescribed burning, into its
 1841  educational materials.
 1842         Section 50. Section 590.14, Florida Statutes, is amended to
 1843  read:
 1844         590.14 Notice of violation; penalties.—
 1845         (1) If a division employee determines that a person has
 1846  violated chapter 589, or this chapter, or any rule adopted by
 1847  the division to administer provisions of law conferring duties
 1848  upon the division, the division employee he or she may issue a
 1849  notice of violation indicating the statute violated. This notice
 1850  will be filed with the division and a copy forwarded to the
 1851  appropriate law enforcement entity for further action if
 1852  necessary.
 1853         (2) In addition to any penalties provided by law, any
 1854  person who causes a wildfire or permits any authorized fire to
 1855  escape the boundaries of the authorization or to burn past the
 1856  time of the authorization is liable for the payment of all
 1857  reasonable costs and expenses incurred in suppressing the fire
 1858  or $150, whichever is greater. All costs and expenses incurred
 1859  by the division shall be payable to the division. When such
 1860  costs and expenses are not paid within 30 days after demand, the
 1861  division may take proper legal proceedings for the collection of
 1862  the costs and expenses. Those costs incurred by an agency acting
 1863  at the division’s direction are recoverable by that agency.
 1864         (3) The department may also impose an administrative fine,
 1865  not to exceed $1,000 per violation of any section of chapter 589
 1866  or this chapter or violation of any rule adopted by the division
 1867  to administer provisions of law conferring duties upon the
 1868  division. The fine shall be based upon the degree of damage, the
 1869  prior violation record of the person, and whether the person
 1870  knowingly provided false information to obtain an authorization.
 1871  The fines shall be deposited in the Incidental Trust Fund of the
 1872  division.
 1873         (4) A person may not:
 1874         (a) Fail to comply with any rule or order adopted by the
 1875  division to administer provisions of law conferring duties upon
 1876  the division; or
 1877         (b) Knowingly make any false statement or representation in
 1878  any application, record, plan, or other document required by
 1879  this chapter or any rules adopted under this chapter.
 1880         (5) A person who violates paragraph (4)(a) or paragraph
 1881  (4)(b) commits a misdemeanor of the second degree, punishable as
 1882  provided in s. 775.082 or s. 775.083.
 1883         (6) It is the intent of the Legislature that a penalty
 1884  imposed by a court under subsection (5) be of a severity that
 1885  ensures immediate and continued compliance with this section.
 1886         (7)(4) The penalties provided in this section shall extend
 1887  to both the actual violator and the person or persons, firm, or
 1888  corporation causing, directing, or permitting the violation.
 1889         Section 51. Paragraph (a) of subsection (1) of section
 1890  599.004, Florida Statutes, is amended to read:
 1891         599.004 Florida Farm Winery Program; registration; logo;
 1892  fees.—
 1893         (1) The Florida Farm Winery Program is established within
 1894  the Department of Agriculture and Consumer Services. Under this
 1895  program, a winery may qualify as a tourist attraction only if it
 1896  is registered with and certified by the department as a Florida
 1897  Farm Winery. A winery may not claim to be certified unless it
 1898  has received written approval from the department.
 1899         (a) To qualify as a certified Florida Farm Winery, a winery
 1900  shall meet the following standards:
 1901         1. Produce or sell less than 250,000 gallons of wine
 1902  annually.
 1903         2. Maintain a minimum of 10 acres of owned or managed land
 1904  vineyards in Florida which produces commodities used in the
 1905  production of wine.
 1906         3. Be open to the public for tours, tastings, and sales at
 1907  least 30 hours each week.
 1908         4. Make annual application to the department for
 1909  recognition as a Florida Farm Winery, on forms provided by the
 1910  department.
 1911         5. Pay an annual application and registration fee of $100.
 1912         Section 52. Subsection (1) of section 604.15, Florida
 1913  Statutes, is amended, and subsection (11) is added to that
 1914  section, to read:
 1915         604.15 Dealers in agricultural products; definitions.—For
 1916  the purpose of ss. 604.15-604.34, the following words and terms,
 1917  when used, shall be construed to mean:
 1918         (1) “Agricultural products” means the natural products of
 1919  the farm, nursery, grove, orchard, vineyard, garden, and apiary
 1920  (raw or manufactured); sod; tropical foliage; horticulture; hay;
 1921  livestock; milk and milk products; poultry and poultry products;
 1922  the fruit of the saw palmetto (meaning the fruit of the Serenoa
 1923  repens); limes (meaning the fruit Citrus aurantifolia, variety
 1924  Persian, Tahiti, Bearss, or Florida Key limes); and any other
 1925  nonexempt agricultural products produced in the state, except
 1926  tobacco, sugarcane, tropical foliage, timber and timber
 1927  byproducts, forest products as defined in s. 591.17, and citrus
 1928  other than limes.
 1929         (11) “Responsible position” means a position within the
 1930  business of a dealer in agricultural products that has the
 1931  authority to negotiate or make the purchase of agricultural
 1932  products on behalf of the dealer’s business or has principal
 1933  active management authority over the business decisions,
 1934  actions, and activities of the dealer’s business in this state.
 1935         Section 53. Section 604.19, Florida Statutes, is amended to
 1936  read:
 1937         604.19 License; fee; bond; certificate of deposit;
 1938  penalty.—Unless the department refuses the application on one or
 1939  more of the grounds provided in this section, it shall issue to
 1940  an applicant, upon the payment of required fees and the
 1941  execution and delivery of a bond or certificate of deposit as
 1942  provided in this section, a state license entitling the
 1943  applicant to conduct business as a dealer in agricultural
 1944  products for a 1-year period to coincide with the effective
 1945  period of the bond or certificate of deposit furnished by the
 1946  applicant. During the 1-year period covered by a license, if the
 1947  supporting surety bond or certificate of deposit is canceled for
 1948  any reason, the license shall automatically expire on the date
 1949  the surety bond or certificate of deposit terminates, unless an
 1950  acceptable replacement is in effect before the date of
 1951  termination so that continual coverage occurs for the remaining
 1952  period of the license. A surety company shall give the
 1953  department a 30-day written notice of cancellation by certified
 1954  mail in order to cancel a bond. Cancellation of a bond or
 1955  certificate of deposit does shall not relieve a surety company
 1956  or financial institution of liability for purchases or sales
 1957  occurring while the bond or certificate of deposit was in
 1958  effect. The license fee, which must be paid for the principal
 1959  place of business for a dealer in agricultural products, shall
 1960  be based upon the amount of the dealer’s surety bond or
 1961  certificate of deposit furnished by each dealer under the
 1962  provisions of s. 604.20 and may not exceed $500. For each
 1963  additional place in which the applicant desires to conduct
 1964  business and which the applicant names in the application, the
 1965  additional license fee must be paid but may not exceed $100
 1966  annually. If a Should any dealer in agricultural products fails,
 1967  refuses, or neglects fail, refuse, or neglect to apply and
 1968  qualify for the renewal of a license on or before its the date
 1969  of expiration date thereof, a penalty not to exceed $100 shall
 1970  apply to and be added to the original license fee for the
 1971  principal place of business and to the license fee for each
 1972  additional place of business named in the application and shall
 1973  be paid by the applicant before the renewal license may be
 1974  issued. The department by rule shall prescribe fee amounts
 1975  sufficient to fund ss. 604.15-604.34.
 1976         Section 54. Section 604.25, Florida Statutes, is amended to
 1977  read:
 1978         604.25 Denial of, refusal to renew grant, or suspension or
 1979  revocation of, license.—
 1980         (1) The department may deny, refuse to renew, decline to
 1981  grant a license or may suspend or revoke a license already
 1982  granted if the applicant or licensee has:
 1983         (1)(a) Suffered a monetary judgment entered against the
 1984  applicant or licensee upon which is execution has been returned
 1985  unsatisfied;
 1986         (2)(b) Made false charges for handling or services
 1987  rendered;
 1988         (3)(c) Failed to account promptly and properly or to make
 1989  settlements with any producer;
 1990         (4)(d) Made any false statement or statements as to
 1991  condition, quality, or quantity of goods received or held for
 1992  sale when the true condition, quality, or quantity could have
 1993  been ascertained by reasonable inspection;
 1994         (5)(e) Made any false or misleading statement or statements
 1995  as to market conditions or service rendered;
 1996         (6)(f) Been guilty of a fraud in the attempt to procure, or
 1997  the procurement of, a license;
 1998         (7)(g) Directly or indirectly sold agricultural products
 1999  received on consignment or on a net return basis for her or his
 2000  own account, without prior authority from the producer
 2001  consigning the same, or without notifying such producer;
 2002         (8)(h)Failed to prevent a person from holding a position
 2003  as the applicant’s or licensee’s owner, officer, director,
 2004  general or managing partner, or employee Employed in a
 2005  responsible position a person, or holding any other similarly
 2006  situated position, if the person holds or has held a similar
 2007  position with any entity that an officer of a corporation, who
 2008  has failed to fully comply with an order of the department, has
 2009  not satisfied a civil judgment held by the department, has
 2010  pending any administrative or civil enforcement action by the
 2011  department, or has pending any criminal charges pursuant to s.
 2012  604.30 at any time within 1 year after issuance;
 2013         (9)(i) Violated any statute or rule relating to the
 2014  purchase or sale of any agricultural product, whether or not
 2015  such transaction is subject to the provisions of this chapter;
 2016  or
 2017         (10)(j) Failed to submit to the department an application,
 2018  appropriate license fees, and an acceptable surety bond or
 2019  certificate of deposit; or.
 2020         (11)(2)Failed If a licensee fails or refused refuses to
 2021  comply in full with an order of the department or failed to
 2022  satisfy a civil judgment owed to the department, her or his
 2023  license may be suspended or revoked, in which case she or he
 2024  shall not be eligible for license for a period of 1 year or
 2025  until she or he has fully complied with the order of the
 2026  department.
 2027         (3) No person, or officer of a corporation, whose license
 2028  has been suspended or revoked for failure to comply with an
 2029  order of the department may hold a responsible position with a
 2030  licensee for a period of 1 year or until the order of the
 2031  department has been fully complied with.
 2032         Section 55. Subsections (18) and (19) of section 616.242,
 2033  Florida Statutes, are renumbered as subsections (19) and (20),
 2034  respectively, and a new subsection (18) is added to that section
 2035  to read:
 2036         616.242 Safety standards for amusement rides.—
 2037         (18) STOP-OPERATION ORDERS.—If an owner or amusement ride
 2038  fails to comply with this chapter or any rule adopted under this
 2039  chapter, the department may issue a stop-operation order.
 2040         Section 56. Subsection (7) is added to section 624.4095,
 2041  Florida Statutes, to read:
 2042         624.4095 Premiums written; restrictions.—
 2043         (7) For purposes of this section and s. 624.407, with
 2044  regard to required capital and surplus, gross written premiums
 2045  for federal multiple-peril crop insurance which are ceded to the
 2046  Federal Crop Insurance Corporation and authorized reinsurers may
 2047  not be included when calculating the insurer’s gross writing
 2048  ratio. The liabilities for the ceded reinsurance premiums shall
 2049  be netted against the asset for amounts recoverable from
 2050  reinsurers. Each insurer that writes other insurance products
 2051  together with federal multiple-peril crop insurance must
 2052  disclose in the notes to the annual and quarterly financial
 2053  statement, or file a supplement to the financial statement which
 2054  discloses, a breakout of the gross written premiums for federal
 2055  multiple-peril crop insurance.
 2056         Section 57. Subsection (4) of section 686.201, Florida
 2057  Statutes, is amended to read:
 2058         686.201 Sales representative contracts involving
 2059  commissions; requirements; termination of agreement; civil
 2060  remedies.—
 2061         (4) This section does not apply to persons licensed
 2062  pursuant to chapter 475 who are performing services within the
 2063  scope of their license or to contracts to which a seller of
 2064  travel, as defined in s. 559.927, is a party.
 2065         Section 58. Paragraph (c) of subsection (5) of section
 2066  790.06, Florida Statutes, is amended to read:
 2067         790.06 License to carry concealed weapon or firearm.—
 2068         (5) The applicant shall submit to the Department of
 2069  Agriculture and Consumer Services:
 2070         (c) A full set of fingerprints of the applicant
 2071  administered by a law enforcement agency or the Division of
 2072  Licensing of the Department of Agriculture and Consumer
 2073  Services.
 2074         Section 59. Sections 570.071 and 570.901, Florida Statutes,
 2075  are repealed.
 2076         Section 60. Section 828.126, Florida Statutes, is created
 2077  to read:
 2078         828.126 Sexual activities involving animals.—
 2079         (1) As used in this section, the term “sexual activities”
 2080  means oral, anal, or vaginal penetration by, or union with, the
 2081  sexual organ of an animal or the anal or vaginal penetration of
 2082  an animal by any object.
 2083         (2) A person may not knowingly:
 2084         (a) Engage in a sexual activities with an animal;
 2085         (b) Cause, aid, or abet another person to engage in sexual
 2086  activities with an animal;
 2087         (c) Permit any sexual activities with an animal to be
 2088  conducted on any premises under his or her control; or
 2089         (d) Organize, promote, conduct, advertise, aid, abet,
 2090  participate in as an observer, or perform any service in the
 2091  furtherance of an act involving any sexual activities with an
 2092  animal for a commercial or recreational purpose.
 2093         (3) A person who violates this section commits a
 2094  misdemeanor of the first degree, punishable as provided in s.
 2095  775.082 or s. 775.083.
 2096         (4) This section does not apply to normal and ordinary
 2097  animal husbandry practices, conformation judging practices, or
 2098  accepted veterinary medical practices.
 2099         Section 61. The Department of Agriculture and Consumer
 2100  Services shall meet with duly authorized representatives of
 2101  established organizations representing the Florida pest control
 2102  industry and prepare a report that shall be submitted to the
 2103  President of the Senate, the Speaker of the House of
 2104  Representatives, the chairperson of the Senate Committee on
 2105  Agriculture, and the chairperson of the House Committee on
 2106  Agribusiness by January 1, 2011. The report shall include
 2107  recommended amendments to chapter 482, Florida Statutes, which
 2108  provide for disciplinary action to be taken against licensees
 2109  who violate laws or rules pertaining to the pretreatment of soil
 2110  to protect newly constructed homes, pest control at sensitive
 2111  facilities such as schools and nursing homes, and also the
 2112  fumigation of existing homes for protection against termite
 2113  damage, thereby providing additional safeguards for consumers.
 2114  The report may also address other issues of concern to the
 2115  department and to members of the industry, such as changes to
 2116  requirements for professional liability insurance coverage or
 2117  the amount of bond required, duties and responsibilities of a
 2118  certified operator, issuance of a centralized pest control
 2119  service center license, and limited certification for commercial
 2120  wildlife management personnel.
 2121         Section 62. This act shall take effect July 1, 2010.

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