August 06, 2020
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       CS for CS for CS for SB 382                      First Engrossed
       
       
       
       
       
       
       
       
       2010382e1
       
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; creating s. 15.0455, F.S.;
    4         designating the Florida Agricultural Museum in Flagler
    5         County as the official state agricultural museum;
    6         providing for future repeal; amending s. 369.20, F.S.;
    7         requiring the Fish and Wildlife Conservation
    8         Commission to enter into an agreement with the
    9         Department of Environmental Protection relating to the
   10         uniform application of pesticides to the waters of the
   11         state; revising exemptions from water pollution
   12         permits; amending s. 373.1391, F.S.; requiring that
   13         the agricultural use of land present at the time of
   14         fee simple acquisition be given priority regarding the
   15         management of the land; amending s. 403.088, F.S.;
   16         requiring a permit for applying pesticide to the
   17         waters of the state; requiring the Department of
   18         Environmental Protection to enter into agreements with
   19         the Department of Agriculture and Consumer Services
   20         and the Fish and Wildlife Conservation Commission
   21         relating to the uniform application of pesticides to
   22         the waters of the state; providing a temporary
   23         deviation from the acute toxicity provisions provided
   24         by rule for pesticide application under certain
   25         circumstances; amending s. 403.9336, F.S.; revising a
   26         reference to the Model Ordinance for Florida-Friendly
   27         Fertilizer Use on Urban Landscapes; amending s.
   28         403.9337, F.S.; providing for amendment of the model
   29         ordinance by the Department of Environmental
   30         Protection; revising the criteria for a local
   31         government’s adoption of additional or more stringent
   32         standards; amending s. 487.163, F.S.; requiring the
   33         Department of Agriculture and Consumer Services to
   34         enter into an agreement with the Department of
   35         Environmental Protection relating to the uniform
   36         application of pesticides to the waters of the state;
   37         amending s. 493.6102, F.S.; specifying that provisions
   38         regulating security officers do not apply to certain
   39         law enforcement, correctional, and probation officers
   40         performing off-duty activities; amending s. 493.6105,
   41         F.S.; revising the application requirements and
   42         procedures for certain private investigative, private
   43         security, recovery agent, and firearm licenses;
   44         specifying application requirements for firearms
   45         instructor licenses; amending s. 493.6106, F.S.;
   46         revising citizenship requirements and documentation
   47         for certain private investigative, private security,
   48         and recovery agent licenses; prohibiting the licensure
   49         of applicants for a statewide firearm license or
   50         firearms instructor license who are prohibited from
   51         purchasing or possessing firearms; requiring that
   52         private investigative, security, and recovery agencies
   53         notify the Department of Agriculture and Consumer
   54         Services of changes to their branch office locations;
   55         amending s. 493.6107, F.S.; requiring the department
   56         to accept certain methods of payment for certain fees;
   57         amending s. 493.6108, F.S.; revising requirements for
   58         criminal history checks of license applicants whose
   59         fingerprints are not legible; requiring the
   60         investigation of the mental and emotional fitness of
   61         applicants for firearms instructor licenses; amending
   62         s. 493.6111, F.S.; requiring a security officer school
   63         or recovery agent school to obtain the department’s
   64         approval for use of a fictitious name; specifying that
   65         a licensee may not conduct business under more than
   66         one fictitious name; amending s. 493.6113, F.S.;
   67         revising application renewal procedures and
   68         requirements; amending s. 493.6115, F.S.; conforming
   69         cross-references; amending s. 493.6118, F.S.;
   70         authorizing disciplinary action against statewide
   71         firearm licensees and firearms instructor licensees
   72         who are prohibited from purchasing or possessing
   73         firearms; amending s. 493.6121, F.S.; deleting
   74         provisions for the department’s access to certain
   75         criminal history records provided to licensed gun
   76         dealers, manufacturers, and exporters; amending s.
   77         493.6202, F.S.; requiring the department to accept
   78         certain methods of payment for certain fees; amending
   79         s. 493.6203, F.S.; prohibiting bodyguard services from
   80         being credited toward certain license requirements;
   81         revising the training requirements for private
   82         investigator intern license applicants; requiring the
   83         automatic suspension of an intern’s license under
   84         certain circumstances; providing an exception;
   85         amending s. 493.6302, F.S.; requiring the department
   86         to accept certain methods of payment for certain fees;
   87         amending s. 493.6303, F.S.; revising the training
   88         requirements for security officer license applicants;
   89         amending s. 493.6304, F.S.; revising application
   90         requirements and procedures for security officer
   91         school licenses; amending s. 493.6401, F.S.; revising
   92         terminology for recovery agent schools and training
   93         facilities; amending s. 493.6402, F.S.; revising
   94         terminology for recovery agent schools and training
   95         facilities; requiring the department to accept certain
   96         methods of payment for certain fees; amending s.
   97         493.6406, F.S.; revising terminology; requiring
   98         recovery agent school and instructor licenses;
   99         providing license application requirements and
  100         procedures; amending s. 500.033, F.S.; revising the
  101         membership of the Florida Food Safety and Food Defense
  102         Advisory Council; amending ss. 501.605 and 501.607,
  103         F.S.; revising application requirements for commercial
  104         telephone seller and salesperson licenses; amending s.
  105         501.913, F.S.; specifying the sample size required for
  106         antifreeze registration application; amending s.
  107         525.01, F.S.; revising requirements for petroleum fuel
  108         affidavits; amending s. 525.09, F.S.; imposing an
  109         inspection fee on certain alternative fuels containing
  110         alcohol; amending s. 526.50, F.S.; defining terms
  111         applicable to regulation of the sale of brake fluid;
  112         amending s. 526.51, F.S.; revising application
  113         requirements for brake fluid permits; amending s.
  114         526.52, F.S.; revising requirements for printed
  115         statements on brake fluid containers; amending s.
  116         526.53, F.S.; revising requirements and procedures for
  117         brake fluid stop-sale orders; authorizing businesses
  118         to dispose of unregistered brake fluid under certain
  119         circumstances; amending s. 527.0201, F.S.; revising
  120         requirements for liquefied petroleum gas qualifying
  121         examinations; increasing continuing education
  122         requirements for certain liquefied petroleum gas
  123         qualifiers; amending s. 527.12, F.S.; providing for
  124         the issuance of certain stop orders; amending ss.
  125         559.805 and 559.928, F.S.; deleting social security
  126         numbers as a listing requirement on registration
  127         affidavits for independent agents of sellers of
  128         business opportunities; amending s. 570.0725, F.S.;
  129         revising provisions for public information about food
  130         banks and similar food recovery programs; authorizing
  131         the department to adopt rules; amending ss. 570.53 and
  132         570.54, F.S.; conforming cross-references; amending s.
  133         570.55, F.S.; revising requirements for identifying
  134         sellers or handlers of tropical or subtropical fruit
  135         or vegetables; amending s. 570.902, F.S.; conforming
  136         terminology to the repeal by the act of provisions
  137         establishing the Florida Agricultural Museum; amending
  138         s. 570.903, F.S.; revising provisions for direct
  139         support organizations for certain agricultural
  140         programs to conform to the repeal by the act of
  141         provisions establishing the Florida Agricultural
  142         Museum; deleting provisions for a direct-support
  143         organization for the Florida State Collection of
  144         Arthropods; amending s. 573.118, F.S.; requiring the
  145         department to maintain records of marketing orders;
  146         requiring an audit at the request of an advisory
  147         council; requiring that the advisory council receive a
  148         copy of the audit within a specified time; amending s.
  149         581.011, F.S.; deleting terminology relating to the
  150         Florida State Collection of Arthropods; revising the
  151         term “nursery” for purposes of plant industry
  152         regulations; amending s. 581.211, F.S.; increasing the
  153         maximum fine for violations of plant industry
  154         regulations; amending s. 583.13, F.S.; deleting a
  155         prohibition on the sale of poultry without displaying
  156         the poultry grade; amending s. 585.61, F.S.;
  157         designating the animal disease diagnostic laboratory
  158         complex in Osceola County; amending s. 590.125, F.S.;
  159         revising terminology for open burning authorizations;
  160         specifying purposes of certified prescribed burning;
  161         requiring the authorization of the Division of
  162         Forestry for certified pile burning; providing pile
  163         burning requirements; limiting the liability of
  164         property owners or agents engaged in pile burning;
  165         providing for the certification of pile burners;
  166         providing penalties for violations by certified pile
  167         burners; requiring rules; authorizing the division to
  168         adopt rules regulating certified pile burning;
  169         revising notice requirements for wildfire hazard
  170         reduction treatments; providing for approval of local
  171         government open burning authorization programs;
  172         providing program requirements; authorizing the
  173         division to close local government programs under
  174         certain circumstances; providing penalties for
  175         violations of local government open burning
  176         requirements; amending s. 590.14, F.S.; authorizing
  177         fines for violations of any division rule; providing
  178         penalties for certain violations; providing
  179         legislative intent; amending s. 599.004, F.S.;
  180         revising standards that a winery must meet to qualify
  181         as a certified Florida Farm Winery; amending s.
  182         604.15, F.S.; revising the term “agricultural
  183         products” to make tropical foliage exempt from
  184         regulation under provisions relating to dealers in
  185         agricultural products; defining the term “responsible
  186         position”; amending s. 604.19, F.S.; revising
  187         requirements for late fees on agricultural products
  188         dealer applications; amending s. 604.25, F.S.;
  189         revising conditions under which the department may
  190         deny, refuse to renew, suspend, or revoke agricultural
  191         products dealer licenses; deleting a provision
  192         prohibiting certain persons from holding a responsible
  193         position with a licensee; amending s. 616.242, F.S.;
  194         authorizing the issuance of stop-operation orders for
  195         amusement rides under certain circumstances; amending
  196         s. 624.4095, F.S.; prohibiting certain gross written
  197         premiums for federal multiple-peril crop insurance
  198         from being included in certain insurer calculations;
  199         amending s. 686.201, F.S.; exempting contracts to
  200         which a seller of travel is a party from provisions
  201         governing certain contracts involving commissions;
  202         amending s. 790.06, F.S.; authorizing a concealed
  203         firearm license applicant to submit fingerprints
  204         administered by the Division of Licensing; providing
  205         that a provision limiting the scope of a license to
  206         carry a concealed weapon or firearm does not prohibit
  207         or restrict a person having such a license from
  208         transporting or storing a lawful firearm in a vehicle
  209         under certain circumstances; providing that a
  210         provision limiting the scope of a license to carry a
  211         concealed weapon or firearm does not modify certain
  212         exceptions to prohibited acts with respect to a
  213         person’s right to keep and bear arms in motor vehicles
  214         for self-defense and other lawful purposes; repealing
  215         ss. 570.071 and 570.901, F.S., relating to the Florida
  216         Agricultural Exposition and the Florida Agricultural
  217         Museum; creating s. 828.126, F.S.; providing a
  218         definition for the term “sexual activities” as it
  219         involves animals; prohibiting persons from engaging in
  220         sexual activities with animals; providing penalties;
  221         providing that such prohibition does not apply to
  222         normal and ordinary animal husbandry practices,
  223         conformation judging practices, or accepted veterinary
  224         medical practices; requiring that the department and
  225         representatives of the state pest control industry
  226         prepare a report for the President of the Senate, the
  227         Speaker of the House of Representatives, and the
  228         chairpersons of specified legislative committees by a
  229         certain date; requiring that the report include
  230         recommendations for changes in the law to provide for
  231         disciplinary action against licensees of the pest
  232         control industry under certain circumstances;
  233         providing that the report may also address additional
  234         issues of concern to members of the industry;
  235         providing an effective date.
  236  
  237  Be It Enacted by the Legislature of the State of Florida:
  238  
  239         Section 1. Section 15.0455, Florida Statutes, is created to
  240  read:
  241          15.0455 Official state agricultural museum.—
  242          (1) The Florida Agricultural Museum in Flagler County is
  243  designated as the official state agricultural museum.
  244          (2) This section is repealed July 1, 2020, unless reviewed
  245  and reenacted by the Legislature before that date.
  246         Section 2. Subsections (4) and (9) of section 369.20,
  247  Florida Statutes, are amended to read:
  248         369.20 Florida Aquatic Weed Control Act.—
  249         (4) The commission shall also promote, develop, and support
  250  research activities directed toward the more effective and
  251  efficient control of aquatic plants. In the furtherance of this
  252  purpose, the commission may is authorized to:
  253         (a) Accept donations and grants of funds and services from
  254  both public and private sources;
  255         (b) Contract or enter into agreements with public or
  256  private agencies or corporations for research and development of
  257  aquatic plant control methods or for the performance of aquatic
  258  plant control activities. The commission may enter into an
  259  agreement with the Department of Environmental Protection to
  260  ensure the uniform regulation of pesticides applied to the
  261  waters of the state, including provision for coordinating agency
  262  staff and resources, through the implementation of permitting,
  263  compliance, and enforcement activities under ss. 403.088 and
  264  403.0885;
  265         (c) Construct, acquire, operate, and maintain facilities
  266  and equipment; and
  267         (d) Enter upon, or authorize the entry upon, private
  268  property for purposes of making surveys and examinations and to
  269  engage in aquatic plant control activities; and such entry shall
  270  not be deemed a trespass.
  271         (9) A permit issued pursuant to this section for The
  272  application of herbicides to waters of in the state for the
  273  control of aquatic plants, algae, or invasive exotic plants is
  274  exempt from the requirement to obtain a water pollution
  275  operation permit except as provided in ss. pursuant to s.
  276  403.088 and 403.0885.
  277         Section 3. Paragraph (d) of subsection (1) of section
  278  373.1391, Florida Statutes, is amended to read:
  279         373.1391 Management of real property.—
  280         (1)
  281         (d) For any fee simple acquisition of a parcel which is or
  282  will be leased back for agricultural purposes, or for any
  283  acquisition of a less-than-fee interest in lands that is or will
  284  be used for agricultural purposes, the district governing board
  285  shall first consider having a soil and water conservation
  286  district created pursuant to chapter 582 manage and monitor such
  287  interest. Priority shall be given to the agricultural use
  288  present at the time of fee simple acquisition of the parcel.
  289         Section 4. Subsection (1) of section 403.088, Florida
  290  Statutes, is amended to read:
  291         403.088 Water pollution operation permits; conditions.—
  292         (1) No person, Without the written authorization of the
  293  department, a person may not shall discharge any waste into the
  294  waters of within the state any waste which, by itself or in
  295  combination with the wastes of other sources, reduces the
  296  quality of the receiving waters below the classification
  297  established for such waters them. However, this section does
  298  shall not be deemed to prohibit the application of pesticides to
  299  such waters in the state for the control of insects, aquatic
  300  weeds, or algae, or other pests if provided the application is
  301  performed in accordance with this section:
  302         (a) Upon execution of the agreement provided in s.
  303  487.163(3), the department may develop a permit or other
  304  authorization as required by 33 U.S.C. s. 1342 for the
  305  application of pesticides. A person must obtain such permit or
  306  other authorization before applying pesticides to the waters of
  307  the state.
  308         (b) In consultation with the Department of Agriculture and
  309  Consumer Services and the Fish and Wildlife Conservation
  310  Commission, the department shall also develop a general permit
  311  under s. 403.0885(2) for the application of pesticides.
  312         (c) The department shall also enter into agreements with
  313  the Department of Agriculture and Consumer Services pursuant to
  314  a program approved by the Department of Health, in the case of
  315  insect or other pest control, and with or the Fish and Wildlife
  316  Conservation Commission, in the case of aquatic weed, other
  317  aquatic pests, or algae control. The department is directed to
  318  enter into interagency agreements to establish the procedures
  319  for program approval. Such agreements must shall provide for
  320  public health, welfare, and safety, as well as environmental
  321  factors, and must ensure the uniform regulation of pesticides
  322  applied to waters of the state, including provisions for the
  323  coordination of agency staff and resources, through the
  324  implementation of permitting, compliance, and enforcement
  325  activities under this section and s. 403.0885. Pesticides that
  326  are Approved programs must provide that only chemicals approved
  327  for a the particular use by the United States Environmental
  328  Protection Agency or by the Department of Agriculture and
  329  Consumer Services may be employed and that they be applied in
  330  accordance with registered label instructions, state standards
  331  for such application, including any permit or other
  332  authorization required by this subsection, and the provisions of
  333  the Florida Pesticide Law, part I of chapter 487, are allowed a
  334  temporary deviation from the acute toxicity provisions of the
  335  department’s water quality rule, not to exceed the time
  336  necessary to control the target pests, only if the application
  337  does not reduce the quality of the receiving waters below the
  338  classification for such waters and is not likely to adversely
  339  affect any threatened or endangered species.
  340         Section 5. Section 403.9336, Florida Statutes, is amended
  341  to read:
  342         403.9336 Legislative findings.—The Legislature finds that
  343  the implementation of the Model Ordinance for Florida-Friendly
  344  Fertilizer Use on Urban Landscapes (2008), which was developed
  345  by the department in conjunction with the Florida Consumer
  346  Fertilizer Task Force, the Department of Agriculture and
  347  Consumer Services, and the University of Florida Institute of
  348  Food and Agricultural Sciences, will assist in protecting the
  349  quality of Florida’s surface water and groundwater resources.
  350  The Legislature further finds that local conditions, including
  351  variations in the types and quality of water bodies, site
  352  specific soils and geology, and urban or rural densities and
  353  characteristics, may necessitate the implementation of
  354  additional or more stringent fertilizer management practices at
  355  the local government level.
  356         Section 6. Section 403.9337, Florida Statutes, is amended
  357  to read:
  358         403.9337 Model Ordinance for Florida-Friendly Fertilizer
  359  Use on Urban Landscapes.—
  360         (1) The department may amend its Model Ordinance for
  361  Florida-Friendly Fertilizer Use on Urban Landscapes (2009).
  362  However, any amendment of the model ordinance after July 1,
  363  2010, must be adopted by order of the department. Before
  364  adopting an amendment to the model ordinance, the department
  365  must hold at least one public workshop to discuss and receive
  366  comments on the proposed amendment. The department, at a
  367  minimum, must notify interested stakeholders of the public
  368  workshop, including representatives of the nursery and landscape
  369  industry, the pest control industry, the Department of
  370  Agriculture and Consumer Services, the University of Florida’s
  371  Institute of Food and Agricultural Sciences, environmental
  372  groups, and county and local governments. Such an order amending
  373  the model ordinance is subject to challenge under chapter 120.
  374         (2)(1) All county and municipal governments are encouraged
  375  to adopt and enforce the model ordinance for Florida-Friendly
  376  Fertilizer Use on urban landscapes or an equivalent requirement
  377  as a mechanism for protecting local surface and groundwater
  378  quality.
  379         (3)(2) Each county and municipal government located within
  380  the watershed of a water body or water segment that is listed as
  381  impaired by nutrients pursuant to s. 403.067, must shall, at a
  382  minimum, adopt the most recent version of the department’s Model
  383  Ordinance for Florida-Friendly Fertilizer Use on Urban
  384  Landscapes.
  385         (4) A local government may adopt additional or more
  386  stringent standards than the model ordinance if, before
  387  adoption, one of the following criteria are met:
  388         (a) The local government has verified impaired waters and
  389  is facing existing or possible requirements for achieving the
  390  total maximum daily load established under state or federal law;
  391  demonstrated, as part of a comprehensive program to address
  392  nonpoint sources of nutrient pollution which is science-based,
  393  and economically and technically feasible, that additional or
  394  more stringent standards than the model ordinance are necessary
  395  in order to adequately address urban fertilizer contributions to
  396  nonpoint source nutrient loading to a water body.
  397         (b) The local government has verified harm to human health
  398  or harm to the environment which warrants additional consumer
  399  fertilizer requirements; or
  400         (c) The local government will improve water quality or
  401  prevent future impacts of consumer fertilizers on the
  402  environment.
  403         (5) If the local government proposes more stringent
  404  standards, it must document documents that it has requested and
  405  considered all relevant scientific information, including input
  406  from the department, the institute, the Department of
  407  Agriculture and Consumer Services, and the University of
  408  Florida’s Florida Institute of Food and Agricultural Sciences,
  409  if provided, on the need for additional or more stringent
  410  provisions to address fertilizer use as a contributor to water
  411  quality degradation. All documentation must become part of the
  412  public record before adoption of the additional or more
  413  stringent criteria.
  414         (6)(3) Any county or municipal government that adopted its
  415  own fertilizer use ordinance before January 1, 2009, is exempt
  416  from this section. Ordinances adopted or amended on or after
  417  January 1, 2009, must substantively conform to the most recent
  418  version of the model fertilizer ordinance and are subject to
  419  subsections (2)-(5) (1) and (2), as applicable.
  420         (8)(4) This section does not apply to the use of
  421  fertilizer:
  422         (a) On farm operations as defined in s. 823.14; or
  423         (b) On lands classified as agricultural lands pursuant to
  424  s. 193.461; or.
  425         (c) On any lands used for scientific research, including,
  426  but not limited to, research on the effects of fertilizer use on
  427  urban stormwater, water quality, agronomics, or horticulture.
  428         Section 7. Subsection (3) is added to section 487.163,
  429  Florida Statutes, to read:
  430         487.163 Information; interagency cooperation.—
  431         (3) The department shall enter into an agreement with the
  432  Department of Environmental Protection to ensure the uniform
  433  regulation of pesticides applied to waters of the state,
  434  including provisions for the coordination of agency staff and
  435  resources, through the implementation of permitting, compliance,
  436  and enforcement activities under ss. 403.088 and 403.0885.
  437         Section 8. Subsection (1) of section 493.6102, Florida
  438  Statutes, is amended to read:
  439         493.6102 Inapplicability of this chapter.—This chapter
  440  shall not apply to:
  441         (1) An Any individual who is an officer as defined in s.
  442  943.10(14), or is a law enforcement officer of the United States
  443  Government, while such local, state, or federal officer is
  444  engaged in her or his official duties, or when performing off
  445  duty as a security officer provided such activity is activities
  446  approved by her or his superiors.
  447         Section 9. Section 493.6105, Florida Statutes, is amended
  448  to read:
  449         493.6105 Initial application for license.—
  450         (1) Each individual, partner, or principal officer in a
  451  corporation, shall file with the department a complete
  452  application accompanied by an application fee not to exceed $60,
  453  except that the applicant for a Class “D” or Class “G” license
  454  is shall not be required to submit an application fee. The
  455  application fee is shall not be refundable.
  456         (a) The application submitted by any individual, partner,
  457  or corporate officer must shall be approved by the department
  458  before the prior to that individual, partner, or corporate
  459  officer assumes assuming his or her duties.
  460         (b) Individuals who invest in the ownership of a licensed
  461  agency, but do not participate in, direct, or control the
  462  operations of the agency are shall not be required to file an
  463  application.
  464         (2) Each application must shall be signed and verified by
  465  the individual under oath as provided in s. 92.525 and shall be
  466  notarized.
  467         (3) The application must shall contain the following
  468  information concerning the individual signing the application
  469  same:
  470         (a) Name and any aliases.
  471         (b) Age and date of birth.
  472         (c) Place of birth.
  473         (d) Social security number or alien registration number,
  474  whichever is applicable.
  475         (e) Current Present residence address and his or her
  476  residence addresses within the 5 years immediately preceding the
  477  submission of the application.
  478         (f) Occupations held presently and within the 5 years
  479  immediately preceding the submission of the application.
  480         (f)(g) A statement of all criminal convictions, findings of
  481  guilt, and pleas of guilty or nolo contendere, regardless of
  482  adjudication of guilt.
  483         (g) One passport-type color photograph taken within the 6
  484  months immediately preceding submission of the application.
  485         (h) A statement whether he or she has ever been adjudicated
  486  incompetent under chapter 744.
  487         (i) A statement whether he or she has ever been committed
  488  to a mental institution under chapter 394.
  489         (j) A full set of fingerprints on a card provided by the
  490  department and a fingerprint fee to be established by rule of
  491  the department based upon costs determined by state and federal
  492  agency charges and department processing costs. An applicant who
  493  has, within the immediately preceding 6 months, submitted a
  494  fingerprint card and fee for licensing purposes under this
  495  chapter shall not be required to submit another fingerprint card
  496  or fee.
  497         (k) A personal inquiry waiver which allows the department
  498  to conduct necessary investigations to satisfy the requirements
  499  of this chapter.
  500         (l) Such further facts as may be required by the department
  501  to show that the individual signing the application is of good
  502  moral character and qualified by experience and training to
  503  satisfy the requirements of this chapter.
  504         (4) In addition to the application requirements outlined in
  505  subsection (3), the applicant for a Class “C,” Class “CC,” Class
  506  “E,” Class “EE,” or Class “G” license shall submit two color
  507  photographs taken within the 6 months immediately preceding the
  508  submission of the application, which meet specifications
  509  prescribed by rule of the department. All other applicants shall
  510  submit one photograph taken within the 6 months immediately
  511  preceding the submission of the application.
  512         (4)(5) In addition to the application requirements outlined
  513  under subsection (3), the applicant for a Class “C,” Class “E,”
  514  Class “M,” Class “MA,” Class “MB,” or Class “MR” license shall
  515  include a statement on a form provided by the department of the
  516  experience which he or she believes will qualify him or her for
  517  such license.
  518         (5)(6) In addition to the requirements outlined in
  519  subsection (3), an applicant for a Class “G” license shall
  520  satisfy minimum training criteria for firearms established by
  521  rule of the department, which training criteria shall include,
  522  but is not limited to, 28 hours of range and classroom training
  523  taught and administered by a Class “K” licensee; however, no
  524  more than 8 hours of such training shall consist of range
  525  training. If the applicant can show proof that he or she is an
  526  active law enforcement officer currently certified under the
  527  Criminal Justice Standards and Training Commission or has
  528  completed the training required for that certification within
  529  the last 12 months, or if the applicant submits one of the
  530  certificates specified in paragraph (6)(a) (7)(a), the
  531  department may waive the foregoing firearms training
  532  requirement.
  533         (6)(7) In addition to the requirements under subsection
  534  (3), an applicant for a Class “K” license shall:
  535         (a) Submit one of the following certificates:
  536         1. The Florida Criminal Justice Standards and Training
  537  Commission Firearms Instructor’s Certificate and confirmation by
  538  the commission that the applicant is authorized to provide
  539  firearms instruction.
  540         2. The National Rifle Association Law Enforcement Police
  541  Firearms Instructor’s Certificate.
  542         3. The National Rifle Association Security Firearms
  543  Instructor’s Certificate.
  544         3.4. A firearms instructor’s training certificate issued by
  545  any branch of the United States Armed Forces, from a federal law
  546  enforcement academy or agency, state, county, or municipal
  547  police academy in this state recognized as such by the Criminal
  548  Justice Standards and Training Commission or by the Department
  549  of Education.
  550         (b) Pay the fee for and pass an examination administered by
  551  the department which shall be based upon, but is not necessarily
  552  limited to, a firearms instruction manual provided by the
  553  department.
  554         (7)(8) In addition to the application requirements for
  555  individuals, partners, or officers outlined under subsection
  556  (3), the application for an agency license shall contain the
  557  following information:
  558         (a) The proposed name under which the agency intends to
  559  operate.
  560         (b) The street address, mailing address, and telephone
  561  numbers of the principal location at which business is to be
  562  conducted in this state.
  563         (c) The street address, mailing address, and telephone
  564  numbers of all branch offices within this state.
  565         (d) The names and titles of all partners or, in the case of
  566  a corporation, the names and titles of its principal officers.
  567         (8)(9) Upon submission of a complete application, a Class
  568  “CC,” Class “C,” Class “D,” Class “EE,” Class “E,” Class “M,”
  569  Class “MA,” Class “MB,” or Class “MR” applicant may commence
  570  employment or appropriate duties for a licensed agency or branch
  571  office. However, the Class “C” or Class “E” applicant must work
  572  under the direction and control of a sponsoring licensee while
  573  his or her application is being processed. If the department
  574  denies application for licensure, the employment of the
  575  applicant must be terminated immediately, unless he or she
  576  performs only unregulated duties.
  577         Section 10. Paragraph (f) of subsection (1) and paragraph
  578  (a) of subsection (2) of section 493.6106, Florida Statutes, are
  579  amended, and paragraph (g) is added to subsection (1) of that
  580  section, to read:
  581         493.6106 License requirements; posting.—
  582         (1) Each individual licensed by the department must:
  583         (f) Be a citizen or permanent legal resident alien of the
  584  United States or have appropriate been granted authorization
  585  issued to seek employment in this country by the United States
  586  Bureau of Citizenship and Immigration Services of the United
  587  States Department of Homeland Security.
  588         1. An applicant for a Class “C,” Class “CC,” Class “D,”
  589  Class “DI,” Class “E,” Class “EE,” Class “M,” Class “MA,” Class
  590  “MB,” Class “MR,” or Class “RI” license who is not a United
  591  States citizen must submit proof of current employment
  592  authorization issued by the Citizenship and Immigration Services
  593  or proof that she or he is deemed a permanent legal resident
  594  alien by the Citizenship and Immigration Services.
  595         2. An applicant for a Class “G” or Class “K” license who is
  596  not a United States citizen must submit proof that she or he is
  597  deemed a permanent legal resident alien by the Citizenship and
  598  Immigration Services, together with additional documentation
  599  establishing that she or he has resided in the state of
  600  residence shown on the application for at least 90 consecutive
  601  days before the date that the application is submitted.
  602         3. An applicant for an agency or school license who is not
  603  a United States citizen or permanent legal resident alien must
  604  submit documentation issued by the Citizenship and Immigration
  605  Services stating that she or he is lawfully in the United States
  606  and is authorized to own and operate the type of agency or
  607  school for which she or he is applying. An employment
  608  authorization card issued by the Citizenship and Immigration
  609  Services is not sufficient documentation.
  610         (g) Not be prohibited from purchasing or possessing a
  611  firearm by state or federal law if the individual is applying
  612  for a Class “G” license or a Class “K” license.
  613         (2) Each agency shall have a minimum of one physical
  614  location within this state from which the normal business of the
  615  agency is conducted, and this location shall be considered the
  616  primary office for that agency in this state.
  617         (a) If an agency or branch office desires to change the
  618  physical location of the business, as it appears on the agency
  619  license, the department must be notified within 10 days of the
  620  change, and, except upon renewal, the fee prescribed in s.
  621  493.6107 must be submitted for each license requiring revision.
  622  Each license requiring revision must be returned with such
  623  notification.
  624         Section 11. Subsection (3) of section 493.6107, Florida
  625  Statutes, is amended to read:
  626         493.6107 Fees.—
  627         (3) The fees set forth in this section must be paid by
  628  certified check or money order or, at the discretion of the
  629  department, by agency check at the time the application is
  630  approved, except that the applicant for a Class “G” or Class “M”
  631  license must pay the license fee at the time the application is
  632  made. If a license is revoked or denied or if the application is
  633  withdrawn, the license fee shall not be refunded.
  634         Section 12. Paragraph (a) of subsection (1) and subsection
  635  (3) of section 493.6108, Florida Statutes, are amended to read:
  636         493.6108 Investigation of applicants by Department of
  637  Agriculture and Consumer Services.—
  638         (1) Except as otherwise provided, prior to the issuance of
  639  a license under this chapter, the department shall make an
  640  investigation of the applicant for a license. The investigation
  641  shall include:
  642         (a)1. An examination of fingerprint records and police
  643  records. When a criminal history analysis of any applicant under
  644  this chapter is performed by means of fingerprint card
  645  identification, the time limitations prescribed by s. 120.60(1)
  646  shall be tolled during the time the applicant’s fingerprint card
  647  is under review by the Department of Law Enforcement or the
  648  United States Department of Justice, Federal Bureau of
  649  Investigation.
  650         2. If a legible set of fingerprints, as determined by the
  651  Department of Law Enforcement or the Federal Bureau of
  652  Investigation, cannot be obtained after two attempts, the
  653  Department of Agriculture and Consumer Services may determine
  654  the applicant’s eligibility based upon a criminal history record
  655  check under the applicant’s name conducted by the Department of
  656  Law Enforcement if the and the Federal Bureau of Investigation.
  657  A set of fingerprints are taken by a law enforcement agency or
  658  the department and the applicant submits a written statement
  659  signed by the fingerprint technician or a licensed physician
  660  stating that there is a physical condition that precludes
  661  obtaining a legible set of fingerprints or that the fingerprints
  662  taken are the best that can be obtained is sufficient to meet
  663  this requirement.
  664         (3) The department shall also investigate the mental
  665  history and current mental and emotional fitness of any Class
  666  “G” or Class “K” applicant, and may deny a Class “G” or Class
  667  “K” license to anyone who has a history of mental illness or
  668  drug or alcohol abuse.
  669         Section 13. Subsection (4) of section 493.6111, Florida
  670  Statutes, is amended to read:
  671         493.6111 License; contents; identification card.—
  672         (4) Notwithstanding the existence of a valid Florida
  673  corporate registration, an no agency or school licensee may not
  674  conduct activities regulated under this chapter under any
  675  fictitious name without prior written authorization from the
  676  department to use that name in the conduct of activities
  677  regulated under this chapter. The department may not authorize
  678  the use of a name which is so similar to that of a public
  679  officer or agency, or of that used by another licensee, that the
  680  public may be confused or misled thereby. The authorization for
  681  the use of a fictitious name shall require, as a condition
  682  precedent to the use of such name, the filing of a certificate
  683  of engaging in business under a fictitious name under s. 865.09.
  684  A No licensee may not shall be permitted to conduct business
  685  under more than one fictitious name except as separately
  686  licensed nor shall the license be valid to protect any licensee
  687  who is engaged in the business under any name other than that
  688  specified in the license. An agency desiring to change its
  689  licensed name shall notify the department and, except upon
  690  renewal, pay a fee not to exceed $30 for each license requiring
  691  revision including those of all licensed employees except Class
  692  “D” or Class “G” licensees. Upon the return of such licenses to
  693  the department, revised licenses shall be provided.
  694         Section 14. Subsection (2) and paragraph (a) of subsection
  695  (3) of section 493.6113, Florida Statutes, are amended to read:
  696         493.6113 Renewal application for licensure.—
  697         (2) At least No less than 90 days before prior to the
  698  expiration date of the license, the department shall mail a
  699  written notice to the last known mailing residence address of
  700  the licensee for individual licensees and to the last known
  701  agency address for agencies.
  702         (3) Each licensee shall be responsible for renewing his or
  703  her license on or before its expiration by filing with the
  704  department an application for renewal accompanied by payment of
  705  the prescribed license fee.
  706         (a) Each Class “B” Class “A,” Class “B,” or Class “R”
  707  licensee shall additionally submit on a form prescribed by the
  708  department a certification of insurance which evidences that the
  709  licensee maintains coverage as required under s. 493.6110.
  710         Section 15. Subsection (8), paragraph (d) of subsection
  711  (12), and subsection (16) of section 493.6115, Florida Statutes,
  712  are amended to read:
  713         493.6115 Weapons and firearms.—
  714         (8) A Class “G” applicant must satisfy the minimum training
  715  criteria as set forth in s. 493.6105(5)(6) and as established by
  716  rule of the department.
  717         (12) The department may issue a temporary Class “G”
  718  license, on a case-by-case basis, if:
  719         (d) The applicant has received approval from the department
  720  subsequent to its conduct of a criminal history record check as
  721  authorized in s. 493.6108(1)(a)1. 493.6121(6).
  722         (16) If the criminal history record check program
  723  referenced in s. 493.6108(1)(a)1. 493.6121(6) is inoperable, the
  724  department may issue a temporary “G” license on a case-by-case
  725  basis, provided that the applicant has met all statutory
  726  requirements for the issuance of a temporary “G” license as
  727  specified in subsection (12), excepting the criminal history
  728  record check stipulated there; provided, that the department
  729  requires that the licensed employer of the applicant conduct a
  730  criminal history record check of the applicant pursuant to
  731  standards set forth in rule by the department, and provide to
  732  the department an affidavit containing such information and
  733  statements as required by the department, including a statement
  734  that the criminal history record check did not indicate the
  735  existence of any criminal history that would prohibit licensure.
  736  Failure to properly conduct such a check, or knowingly providing
  737  incorrect or misleading information or statements in the
  738  affidavit shall constitute grounds for disciplinary action
  739  against the licensed agency, including revocation of license.
  740         Section 16. Paragraph (u) of subsection (1) of section
  741  493.6118, Florida Statutes, is redesignated as paragraph (v),
  742  and a new paragraph (u) is added to that subsection to read:
  743         493.6118 Grounds for disciplinary action.—
  744         (1) The following constitute grounds for which disciplinary
  745  action specified in subsection (2) may be taken by the
  746  department against any licensee, agency, or applicant regulated
  747  by this chapter, or any unlicensed person engaged in activities
  748  regulated under this chapter.
  749         (u) For a Class “G” or a Class “K” applicant or licensee,
  750  being prohibited from purchasing or possessing a firearm by
  751  state or federal law.
  752         Section 17. Subsections (7) and (8) of section 493.6121,
  753  Florida Statutes, are renumbered as subsections (6) and (7),
  754  respectively, and present subsection (6) of that section is
  755  amended, to read:
  756         493.6121 Enforcement; investigation.—
  757         (6) The department shall be provided access to the program
  758  that is operated by the Department of Law Enforcement, pursuant
  759  to s. 790.065, for providing criminal history record information
  760  to licensed gun dealers, manufacturers, and exporters. The
  761  department may make inquiries, and shall receive responses in
  762  the same fashion as provided under s. 790.065. The department
  763  shall be responsible for payment to the Department of Law
  764  Enforcement of the same fees as charged to others afforded
  765  access to the program.
  766         Section 18. Subsection (3) of section 493.6202, Florida
  767  Statutes, is amended to read:
  768         493.6202 Fees.—
  769         (3) The fees set forth in this section must be paid by
  770  certified check or money order or, at the discretion of the
  771  department, by agency check at the time the application is
  772  approved, except that the applicant for a Class “G,” Class “C,”
  773  Class “CC,” Class “M,” or Class “MA” license must pay the
  774  license fee at the time the application is made. If a license is
  775  revoked or denied or if the application is withdrawn, the
  776  license fee shall not be refunded.
  777         Section 19. Subsections (2), (4), and (6) of section
  778  493.6203, Florida Statutes, are amended to read:
  779         493.6203 License requirements.—In addition to the license
  780  requirements set forth elsewhere in this chapter, each
  781  individual or agency shall comply with the following additional
  782  requirements:
  783         (2) An applicant for a Class “MA” license shall have 2
  784  years of lawfully gained, verifiable, full-time experience, or
  785  training in:
  786         (a) Private investigative work or related fields of work
  787  that provided equivalent experience or training;
  788         (b) Work as a Class “CC” licensed intern;
  789         (c) Any combination of paragraphs (a) and (b);
  790         (d) Experience described in paragraph (a) for 1 year and
  791  experience described in paragraph (e) for 1 year;
  792         (e) No more than 1 year using:
  793         1. College coursework related to criminal justice,
  794  criminology, or law enforcement administration; or
  795         2. Successfully completed law enforcement-related training
  796  received from any federal, state, county, or municipal agency;
  797  or
  798         (f) Experience described in paragraph (a) for 1 year and
  799  work in a managerial or supervisory capacity for 1 year.
  800  
  801  However, experience in performing bodyguard services is not
  802  creditable toward the requirements of this subsection.
  803         (4) An applicant for a Class “C” license shall have 2 years
  804  of lawfully gained, verifiable, full-time experience, or
  805  training in one, or a combination of more than one, of the
  806  following:
  807         (a) Private investigative work or related fields of work
  808  that provided equivalent experience or training.
  809         (b) College coursework related to criminal justice,
  810  criminology, or law enforcement administration, or successful
  811  completion of any law enforcement-related training received from
  812  any federal, state, county, or municipal agency, except that no
  813  more than 1 year may be used from this category.
  814         (c) Work as a Class “CC” licensed intern.
  815  
  816  However, experience in performing bodyguard services is not
  817  creditable toward the requirements of this subsection.
  818         (6)(a) A Class “CC” licensee shall serve an internship
  819  under the direction and control of a designated sponsor, who is
  820  a Class “C,” Class “MA,” or Class “M” licensee.
  821         (b) Effective January 1, 2011 September 1, 2008, before
  822  submission of an application to the department, the an applicant
  823  for a Class “CC” license must have completed a minimum of 40 at
  824  least 24 hours of professional training a 40-hour course
  825  pertaining to general investigative techniques and this chapter,
  826  which course is offered by a state university or by a school,
  827  community college, college, or university under the purview of
  828  the Department of Education, and the applicant must pass an
  829  examination. The training must be provided in two parts, one 24
  830  hour course and one 16-hour course. The certificate evidencing
  831  satisfactory completion of the 40 at least 24 hours of
  832  professional training a 40-hour course must be submitted with
  833  the application for a Class “CC” license. The remaining 16 hours
  834  must be completed and an examination passed within 180 days. If
  835  documentation of completion of the required training is not
  836  submitted within the specified timeframe, the individual’s
  837  license is automatically suspended or his or her authority to
  838  work as a Class “CC” pursuant to s. 493.6105(9) is rescinded
  839  until such time as proof of certificate of completion is
  840  provided to the department. The training course specified in
  841  this paragraph may be provided by face-to-face presentation,
  842  online technology, or a home study course in accordance with
  843  rules and procedures of the Department of Education. The
  844  administrator of the examination must verify the identity of
  845  each applicant taking the examination.
  846         1. Upon an applicant’s successful completion of each part
  847  of the approved training course and passage of any required
  848  examination, the school, community college, college, or
  849  university shall issue a certificate of completion to the
  850  applicant. The certificates must be on a form established by
  851  rule of the department.
  852         2. The department shall establish by rule the general
  853  content of the professional training course and the examination
  854  criteria.
  855         3. If the license of an applicant for relicensure is has
  856  been invalid for more than 1 year, the applicant must complete
  857  the required training and pass any required examination.
  858         (c) An individual who submits an application for a Class
  859  “CC” license on or after September 1, 2008, through December 31,
  860  2010, who has not completed the 16-hour course must submit proof
  861  of successful completion of the course within 180 days after the
  862  date the application is submitted. If documentation of
  863  completion of the required training is not submitted by that
  864  date, the individual’s license is automatically suspended until
  865  proof of the required training is submitted to the department.
  866  An individual licensed on or before August 31, 2008, is not
  867  required to complete additional training hours in order to renew
  868  an active license beyond the required total amount of training,
  869  and within the timeframe, in effect at the time he or she was
  870  licensed.
  871         Section 20. Subsection (3) of section 493.6302, Florida
  872  Statutes, is amended to read:
  873         493.6302 Fees.—
  874         (3) The fees set forth in this section must be paid by
  875  certified check or money order or, at the discretion of the
  876  department, by agency check at the time the application is
  877  approved, except that the applicant for a Class “D,” Class “G,”
  878  Class “M,” or Class “MB” license must pay the license fee at the
  879  time the application is made. If a license is revoked or denied
  880  or if the application is withdrawn, the license fee shall not be
  881  refunded.
  882         Section 21. Subsection (4) of section 493.6303, Florida
  883  Statutes, is amended to read:
  884         493.6303 License requirements.—In addition to the license
  885  requirements set forth elsewhere in this chapter, each
  886  individual or agency shall comply with the following additional
  887  requirements:
  888         (4)(a) Effective January 1, 2011, an applicant for a Class
  889  “D” license must submit proof of successful completion of
  890  complete a minimum of 40 hours of professional training at a
  891  school or training facility licensed by the department. The
  892  training must be provided in two parts, one 24-hour course and
  893  one 16-hour course. The department shall by rule establish the
  894  general content and number of hours of each subject area to be
  895  taught.
  896         (b) An individual who submits an application for a Class
  897  “D” license on or after January 1, 2007, through December 31,
  898  2010, who has not completed the 16-hour course must submit proof
  899  of successful completion of the course within 180 days after the
  900  date the application is submitted. If documentation of
  901  completion of the required training is not submitted by that
  902  date, the individual’s license is automatically suspended until
  903  proof of the required training is submitted to the department.
  904  This section does not require a person licensed before January
  905  1, 2007, to complete additional training hours in order to renew
  906  an active license beyond the required total amount of training
  907  within the timeframe prescribed by law at the time he or she was
  908  licensed. An applicant may fulfill the training requirement
  909  prescribed in paragraph (a) by submitting proof of:
  910         1. Successful completion of the total number of required
  911  hours of training before initial application for a Class “D”
  912  license; or
  913         2. Successful completion of 24 hours of training before
  914  initial application for a Class “D” license and successful
  915  completion of the remaining 16 hours of training within 180 days
  916  after the date that the application is submitted. If
  917  documentation of completion of the required training is not
  918  submitted within the specified timeframe, the individual’s
  919  license is automatically suspended until such time as proof of
  920  the required training is provided to the department.
  921         (c) An individual However, any person whose license is
  922  suspended or has been revoked, suspended pursuant to paragraph
  923  (b) subparagraph 2., or is expired for at least 1 year, or
  924  longer is considered, upon reapplication for a license, an
  925  initial applicant and must submit proof of successful completion
  926  of 40 hours of professional training at a school or training
  927  facility licensed by the department as provided prescribed in
  928  paragraph (a) before a license is will be issued. Any person
  929  whose license was issued before January 1, 2007, and whose
  930  license has been expired for less than 1 year must, upon
  931  reapplication for a license, submit documentation of completion
  932  of the total number of hours of training prescribed by law at
  933  the time her or his initial license was issued before another
  934  license will be issued. This subsection does not require an
  935  individual licensed before January 1, 2007, to complete
  936  additional training hours in order to renew an active license,
  937  beyond the required total amount of training within the
  938  timeframe prescribed by law at the time she or he was licensed.
  939         Section 22. Subsection (2) of section 493.6304, Florida
  940  Statutes, is amended to read:
  941         493.6304 Security officer school or training facility.—
  942         (2) The application shall be signed and verified by the
  943  applicant under oath as provided in s. 92.525 notarized and
  944  shall contain, at a minimum, the following information:
  945         (a) The name and address of the school or training facility
  946  and, if the applicant is an individual, her or his name,
  947  address, and social security or alien registration number.
  948         (b) The street address of the place at which the training
  949  is to be conducted.
  950         (c) A copy of the training curriculum and final examination
  951  to be administered.
  952         Section 23. Subsections (7) and (8) of section 493.6401,
  953  Florida Statutes, are amended to read:
  954         493.6401 Classes of licenses.—
  955         (7) Any person who operates a recovery agent repossessor
  956  school or training facility or who conducts an Internet-based
  957  training course or a correspondence training course must have a
  958  Class “RS” license.
  959         (8) Any individual who teaches or instructs at a Class “RS”
  960  recovery agent repossessor school or training facility shall
  961  have a Class “RI” license.
  962         Section 24. Paragraphs (f) and (g) of subsection (1) and
  963  subsection (3) of section 493.6402, Florida Statutes, are
  964  amended to read:
  965         493.6402 Fees.—
  966         (1) The department shall establish by rule biennial license
  967  fees which shall not exceed the following:
  968         (f) Class “RS” license—recovery agent repossessor school or
  969  training facility: $60.
  970         (g) Class “RI” license—recovery agent repossessor school or
  971  training facility instructor: $60.
  972         (3) The fees set forth in this section must be paid by
  973  certified check or money order, or, at the discretion of the
  974  department, by agency check at the time the application is
  975  approved, except that the applicant for a Class “E,” Class “EE,”
  976  or Class “MR” license must pay the license fee at the time the
  977  application is made. If a license is revoked or denied, or if an
  978  application is withdrawn, the license fee shall not be refunded.
  979         Section 25. Section 493.6406, Florida Statutes, is amended
  980  to read:
  981         493.6406 Recovery agent Repossession services school or
  982  training facility.—
  983         (1) Any school, training facility, or instructor who offers
  984  the training outlined in s. 493.6403(2) for Class “E” or Class
  985  “EE” applicants shall, before licensure of such school, training
  986  facility, or instructor, file with the department an application
  987  accompanied by an application fee in an amount to be determined
  988  by rule, not to exceed $60. The fee shall not be refundable.
  989  This training may be offered as face-to-face training, Internet
  990  based training, or correspondence training.
  991         (2) The application shall be signed and verified by the
  992  applicant under oath as provided in s. 92.525 notarized and
  993  shall contain, at a minimum, the following information:
  994         (a) The name and address of the school or training facility
  995  and, if the applicant is an individual, his or her name,
  996  address, and social security or alien registration number.
  997         (b) The street address of the place at which the training
  998  is to be conducted or the street address of the Class “RS”
  999  school offering Internet-based or correspondence training.
 1000         (c) A copy of the training curriculum and final examination
 1001  to be administered.
 1002         (3) The department shall adopt rules establishing the
 1003  criteria for approval of schools, training facilities, and
 1004  instructors.
 1005         Section 26. Section 500.033, Florida Statutes, is amended
 1006  to read:
 1007         500.033 Florida Food Safety and Food Defense Advisory
 1008  Council.—
 1009         (1) There is created the Florida Food Safety and Food
 1010  Defense Advisory Council for the purpose of serving as a forum
 1011  for presenting, investigating, and evaluating issues of current
 1012  importance to the assurance of a safe and secure food supply to
 1013  the citizens of Florida. The Florida Food Safety and Food
 1014  Defense Advisory Council shall consist of, but not be limited
 1015  to: the Commissioner of Agriculture or his or her designee; the
 1016  State Surgeon General or his or her designee; the Secretary of
 1017  Business and Professional Regulation or his or her designee; the
 1018  person responsible for domestic security with the Department of
 1019  Law Enforcement; members representing the production,
 1020  processing, distribution, and sale of foods; members
 1021  representing small farmers; consumers or members of citizens
 1022  groups; representatives of food industry groups; scientists or
 1023  other experts in aspects of food safety from state universities;
 1024  representatives from local, state, and federal agencies that are
 1025  charged with responsibilities for food safety or food defense;
 1026  the chairs of the Agriculture Committees of the Senate and the
 1027  House of Representatives or their designees; and the chairs of
 1028  the committees of the Senate and the House of Representatives
 1029  with jurisdictional oversight of home defense issues or their
 1030  designees. The Commissioner of Agriculture shall appoint the
 1031  remaining members. The council shall make periodic reports to
 1032  the Department of Agriculture and Consumer Services concerning
 1033  findings and recommendations in the area of food safety and food
 1034  defense.
 1035         (2) The council shall consider the development of
 1036  appropriate advice or recommendations on food safety or food
 1037  defense issues. In the discharge of their duties, the council
 1038  members may receive for review confidential data exempt from the
 1039  provisions of s. 119.07(1); however, it is unlawful for any
 1040  member of the council to use the data for his or her advantage
 1041  or reveal the data to the general public.
 1042         Section 27. Paragraph (a) of subsection (2) of section
 1043  501.605, Florida Statutes, is amended to read:
 1044         501.605 Licensure of commercial telephone sellers.—
 1045         (2) An applicant for a license as a commercial telephone
 1046  seller must submit to the department, in such form as it
 1047  prescribes, a written application for the license. The
 1048  application must set forth the following information:
 1049         (a) The true name, date of birth, driver’s license number,
 1050  social security number, and home address of the applicant,
 1051  including each name under which he or she intends to do
 1052  business.
 1053  
 1054  The application shall be accompanied by a copy of any: Script,
 1055  outline, or presentation the applicant will require or suggest a
 1056  salesperson to use when soliciting, or, if no such document is
 1057  used, a statement to that effect; sales information or
 1058  literature to be provided by the applicant to a salesperson; and
 1059  sales information or literature to be provided by the applicant
 1060  to a purchaser in connection with any solicitation.
 1061         Section 28. Paragraph (a) of subsection (1) of section
 1062  501.607, Florida Statutes, is amended to read:
 1063         501.607 Licensure of salespersons.—
 1064         (1) An applicant for a license as a salesperson must submit
 1065  to the department, in such form as it prescribes, a written
 1066  application for a license. The application must set forth the
 1067  following information:
 1068         (a) The true name, date of birth, driver’s license number,
 1069  social security number, and home address of the applicant.
 1070         Section 29. Subsection (2) of section 501.913, Florida
 1071  Statutes, is amended to read:
 1072         501.913 Registration.—
 1073         (2) The completed application shall be accompanied by:
 1074         (a) Specimens or facsimiles of the label for each brand of
 1075  antifreeze;
 1076         (b) An application fee of $200 for each brand; and
 1077         (c) A properly labeled sample of at least 1 gallon, but not
 1078  more than 2 gallons, of each brand of antifreeze.
 1079         Section 30. Subsection (2) of section 525.01, Florida
 1080  Statutes, is amended to read:
 1081         525.01 Gasoline and oil to be inspected.—
 1082         (2) All petroleum fuels are shall be subject to inspection
 1083  and analysis by the department. Before selling or offering for
 1084  sale in this state any petroleum fuel, all manufacturers,
 1085  terminal suppliers, wholesalers, and importers as defined in s.
 1086  206.01 jobbers shall file with the department:
 1087         (a) An affidavit stating that they desire to do business in
 1088  this state, and the name and address of the manufacturer of the
 1089  petroleum fuel.
 1090         (b) An affidavit stating that the petroleum fuel is in
 1091  conformity with the standards prescribed by department rule.
 1092         Section 31. Subsections (1) and (3) of section 525.09,
 1093  Florida Statutes, are amended to read:
 1094         525.09 Inspection fee.—
 1095         (1) For the purpose of defraying the expenses incident to
 1096  inspecting, testing, and analyzing petroleum fuels in this
 1097  state, there shall be paid to the department a charge of one
 1098  eighth cent per gallon on all gasoline, alternative fuel
 1099  containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
 1100  kerosene (except when used as aviation turbine fuel), and #1
 1101  fuel oil for sale or use in this state. This inspection fee
 1102  shall be imposed in the same manner as the motor fuel tax
 1103  pursuant to s. 206.41. Payment shall be made on or before the
 1104  25th day of each month.
 1105         (3) All remittances to the department for the inspection
 1106  tax herein provided shall be accompanied by a detailed report
 1107  under oath showing the number of gallons of gasoline,
 1108  alternative fuel containing alcohol as defined in s.
 1109  525.01(1)(c)1. and 2., kerosene, or fuel oil sold and delivered
 1110  in each county.
 1111         Section 32. Section 526.50, Florida Statutes, is amended to
 1112  read:
 1113         526.50 Definition of terms.—As used in this part:
 1114         (1) “Brake fluid” means the fluid intended for use as the
 1115  liquid medium through which force is transmitted in the
 1116  hydraulic brake system of a vehicle operated upon the highways.
 1117         (2) “Brand” means the product name appearing on the label
 1118  of a container of brake fluid.
 1119         (3) “Container” means any receptacle in which brake fluid
 1120  is immediately contained when sold, but does not mean a carton
 1121  or wrapping in which a number of such receptacles are shipped or
 1122  stored or a tank car or truck.
 1123         (4)(2) “Department” means the Department of Agriculture and
 1124  Consumer Services.
 1125         (5) “Formula” means the name of the chemical mixture or
 1126  composition of the brake fluid product.
 1127         (6) “Labeling” includes all written, printed or graphic
 1128  representations, in any form whatsoever, imprinted upon or
 1129  affixed to any container of brake fluid.
 1130         (7) “Permit year” means a period of 12 months commencing
 1131  July 1 and ending on the next succeeding June 30.
 1132         (8) “Registrant” means any manufacturer, packer,
 1133  distributor, seller, or other person who has registered a brake
 1134  fluid with the department.
 1135         (9)(3) “Sell” includes give, distribute, barter, exchange,
 1136  trade, keep for sale, offer for sale or expose for sale, in any
 1137  of their variant forms.
 1138         (4)“Labeling” includes all written, printed or graphic
 1139  representations, in any form whatsoever, imprinted upon or
 1140  affixed to any container of brake fluid.
 1141         (5)“Container” means any receptacle in which brake fluid
 1142  is immediately contained when sold, but does not mean a carton
 1143  or wrapping in which a number of such receptacles are shipped or
 1144  stored or a tank car or truck.
 1145         (6)“Permit year” means a period of 12 months commencing
 1146  July 1 and ending on the next succeeding June 30.
 1147         (7)“Registrant” means any manufacturer, packer,
 1148  distributor, seller, or other person who has registered a brake
 1149  fluid with the department.
 1150         Section 33. Section 526.51, Florida Statutes, is amended to
 1151  read:
 1152         526.51 Registration; renewal and fees; departmental
 1153  expenses; cancellation or refusal to issue or renew.—
 1154         (1)(a) Application for registration of each brand of brake
 1155  fluid shall be made on forms to be supplied by the department.
 1156  The applicant shall give his or her name and address and the
 1157  brand name of the brake fluid, state that he or she owns the
 1158  brand name and has complete control over the product sold
 1159  thereunder in Florida, and provide the name and address of the
 1160  resident agent in Florida. If the applicant does not own the
 1161  brand name but wishes to register the product with the
 1162  department, a notarized affidavit that gives the applicant full
 1163  authorization to register the brand name and that is signed by
 1164  the owner of the brand name must accompany the application for
 1165  registration. The affidavit must include all affected brand
 1166  names, the owner’s company or corporate name and address, the
 1167  applicant’s company or corporate name and address, and a
 1168  statement from the owner authorizing the applicant to register
 1169  the product with the department. The owner of the brand name
 1170  shall maintain complete control over each product sold under
 1171  that brand name in this state. All first-time brand-formula
 1172  combination new product applications must be accompanied by a
 1173  certified report from an independent testing laboratory, setting
 1174  forth the analysis of the brake fluid which shall show its
 1175  quality to be not less than the specifications established by
 1176  the department for brake fluids. A sample of not less than 24
 1177  fluid ounces of brake fluid shall be submitted, in a container
 1178  or containers, with labels representing exactly how the
 1179  containers of brake fluid will be labeled when sold, and the
 1180  sample and container shall be analyzed and inspected by the
 1181  Division of Standards in order that compliance with the
 1182  department’s specifications and labeling requirements may be
 1183  verified. Upon approval of the application, the department shall
 1184  register the brand name of the brake fluid and issue to the
 1185  applicant a permit authorizing the registrant to sell the brake
 1186  fluid in this state during the permit year specified in the
 1187  permit.
 1188         (b) Each applicant shall pay a fee of $100 with each
 1189  application. A permit may be renewed by application to the
 1190  department, accompanied by a renewal fee of $50 on or before the
 1191  last day of the permit year immediately preceding the permit
 1192  year for which application is made for renewal of registration.
 1193  To any fee not paid when due, there shall accrue a penalty of
 1194  $25, which shall be added to the renewal fee. Renewals will be
 1195  accepted only on brake fluids that have no change in formula,
 1196  composition, or brand name. Any change in formula, composition,
 1197  or brand name of any brake fluid constitutes a new product that
 1198  must be registered in accordance with this part.
 1199         (2) All fees collected under the provisions of this section
 1200  shall be credited to the General Inspection Trust Fund of the
 1201  department and all expenses incurred in the enforcement of this
 1202  part shall be paid from said fund.
 1203         (3) The department may cancel, refuse to issue or refuse to
 1204  renew any registration and permit after due notice and
 1205  opportunity to be heard if it finds that the brake fluid is
 1206  adulterated or misbranded or that the registrant has failed to
 1207  comply with the provisions of this part or the rules and
 1208  regulations promulgated thereunder.
 1209         Section 34. Paragraph (a) of subsection (3) of section
 1210  526.52, Florida Statutes, is amended to read:
 1211         526.52 Specifications; adulteration and misbranding.—
 1212         (3) Brake fluid is deemed to be misbranded:
 1213         (a) If its container does not bear on its side or top a
 1214  label on which is printed the name and place of business of the
 1215  registrant of the product, the words “brake fluid,” and a
 1216  statement that the product therein equals or exceeds the minimum
 1217  specification of the Society of Automotive Engineers for heavy
 1218  duty-type brake fluid or equals or exceeds Federal Motor Vehicle
 1219  Safety Standard No. 116 adopted by the United States Department
 1220  of Transportation, heavy-duty-type. By regulation the department
 1221  may require that the duty-type classification appear on the
 1222  label.
 1223         Section 35. Subsection (2) of section 526.53, Florida
 1224  Statutes, is amended to read:
 1225         526.53 Enforcement; inspection and analysis, stop-sale and
 1226  disposition, regulations.—
 1227         (2)(a) When any brake fluid is sold in violation of any of
 1228  the provisions of this part, all such affected brake fluid of
 1229  the same brand name on the same premises on which the violation
 1230  occurred shall be placed under a stop-sale order by the
 1231  department by serving the owner of the brand name, distributor,
 1232  or other entity responsible for selling or distributing the
 1233  product in the state with the stop-sale order. The department
 1234  shall withdraw its stop-sale order upon the removal of the
 1235  violation or upon voluntary destruction of the product, or other
 1236  disposal approved by the department, under the supervision of
 1237  the department.
 1238         (b) In addition to being subject to the stop-sale
 1239  procedures above, unregistered brake fluid shall be held by the
 1240  department or its representative, at a place to be designated in
 1241  the stop-sale order, until properly registered and released in
 1242  writing by the department or its representative. If application
 1243  is has not been made for registration of the such product within
 1244  30 days after issue of the stop-sale order, such product shall
 1245  be disposed of by the department, or, with the department’s
 1246  consent, by the business, to any tax-supported institution or
 1247  agency of the state if the brake fluid meets legal
 1248  specifications or by other disposal authorized by rule of the
 1249  department if it fails to meet legal specifications.
 1250         Section 36. Subsections (1) and (3) and paragraphs (a) and
 1251  (c) of subsection (5) of section 527.0201, Florida Statutes, are
 1252  amended to read:
 1253         527.0201 Qualifiers; master qualifiers; examinations.—
 1254         (1) In addition to the requirements of s. 527.02, any
 1255  person applying for a license to engage in the activities of a
 1256  pipeline system operator, category I liquefied petroleum gas
 1257  dealer, category II liquefied petroleum gas dispenser, category
 1258  IV liquefied petroleum gas dispenser and recreational vehicle
 1259  servicer, category V liquefied petroleum gases dealer for
 1260  industrial uses only, LP gas installer, specialty installer,
 1261  requalifier requalification of cylinders, or fabricator,
 1262  repairer, and tester of vehicles and cargo tanks must prove
 1263  competency by passing a written examination administered by the
 1264  department or its agent with a grade of at least 75 percent in
 1265  each area tested or above. Each applicant for examination shall
 1266  submit a $20 nonrefundable fee. The department shall by rule
 1267  specify the general areas of competency to be covered by each
 1268  examination and the relative weight to be assigned in grading
 1269  each area tested.
 1270         (3) Qualifier cards issued to category I liquefied
 1271  petroleum gas dealers and liquefied petroleum gas installers
 1272  shall expire 3 years after the date of issuance. All category I
 1273  liquefied petroleum gas dealer qualifiers and liquefied
 1274  petroleum gas installer qualifiers holding a valid qualifier
 1275  card upon the effective date of this act shall retain their
 1276  qualifier status until July 1, 2003, and may sit for the master
 1277  qualifier examination at any time during that time period. All
 1278  such category I liquefied petroleum gas dealer qualifiers and
 1279  liquefied petroleum gas installer qualifiers may renew their
 1280  qualification on or before July 1, 2003, upon application to the
 1281  department, payment of a $20 renewal fee, and documentation of
 1282  the completion of a minimum of 16 12 hours of approved
 1283  continuing education courses, as defined by department rule,
 1284  during the previous 3-year period. Applications for renewal must
 1285  be made 30 calendar days prior to expiration. Persons failing to
 1286  renew prior to the expiration date must reapply and take a
 1287  qualifier competency examination in order to reestablish
 1288  category I liquefied petroleum gas dealer qualifier and
 1289  liquefied petroleum gas installer qualifier status. If a
 1290  category I liquefied petroleum gas qualifier or liquefied
 1291  petroleum gas installer qualifier becomes a master qualifier at
 1292  any time during the effective date of the qualifier card, the
 1293  card shall remain in effect until expiration of the master
 1294  qualifier certification.
 1295         (5) In addition to all other licensing requirements, each
 1296  category I liquefied petroleum gas dealer and liquefied
 1297  petroleum gas installer must, at the time of application for
 1298  licensure, identify to the department one master qualifier who
 1299  is a full-time employee at the licensed location. This person
 1300  shall be a manager, owner, or otherwise primarily responsible
 1301  for overseeing the operations of the licensed location and must
 1302  provide documentation to the department as provided by rule. The
 1303  master qualifier requirement shall be in addition to the
 1304  requirements of subsection (1).
 1305         (a) In order to apply for certification as a master
 1306  qualifier, each applicant must be a category I liquefied
 1307  petroleum gas dealer qualifier or liquefied petroleum gas
 1308  installer qualifier, must be employed by a licensed category I
 1309  liquefied petroleum gas dealer, liquefied petroleum gas
 1310  installer, or applicant for such license, must provide
 1311  documentation of a minimum of 1 year’s work experience in the
 1312  gas industry, and must pass a master qualifier competency
 1313  examination. Master qualifier examinations shall be based on
 1314  Florida’s laws, rules, and adopted codes governing liquefied
 1315  petroleum gas safety, general industry safety standards, and
 1316  administrative procedures. The examination must be successfully
 1317  passed completed by the applicant with a grade of at least 75
 1318  percent or more. Each applicant for master qualifier status
 1319  shall submit to the department a nonrefundable $30 examination
 1320  fee prior to the examination.
 1321         (c) Master qualifier status shall expire 3 years after the
 1322  date of issuance of the certificate and may be renewed by
 1323  submission to the department of documentation of completion of
 1324  at least 16 12 hours of approved continuing education courses
 1325  during the 3-year period; proof of employment with a licensed
 1326  category I liquefied petroleum gas dealer, liquefied petroleum
 1327  gas installer, or applicant; and a $30 certificate renewal fee.
 1328  The department shall define, by rule, approved courses of
 1329  continuing education.
 1330         Section 37. Section 527.12, Florida Statutes, is amended to
 1331  read:
 1332         527.12 Cease and desist orders; stop-use orders; stop
 1333  operation orders; stop-sale orders; administrative fines.—
 1334         (1) Whenever the department has shall have reason to
 1335  believe that any person is violating or has violated been
 1336  violating provisions of this chapter or any rules adopted under
 1337  this chapter pursuant thereto, the department it may issue a
 1338  cease and desist order, or impose a civil penalty, or do both
 1339  may issue such cease and desist order and impose a civil
 1340  penalty.
 1341         (2) Whenever a person or liquefied petroleum gas system or
 1342  storage facility, or any part or component thereof, fails to
 1343  comply with this chapter or any rules adopted under this
 1344  chapter, the department may issue a stop-use order, stop
 1345  operation order, or stop-sale order.
 1346         Section 38. Subsection (1) of section 559.805, Florida
 1347  Statutes, is amended to read:
 1348         559.805 Filings with the department; disclosure of
 1349  advertisement identification number.—
 1350         (1) Every seller of a business opportunity shall annually
 1351  file with the department a copy of the disclosure statement
 1352  required by s. 559.803 before prior to placing an advertisement
 1353  or making any other representation designed to offer to, sell
 1354  to, or solicit an offer to buy a business opportunity from a
 1355  prospective purchaser in this state and shall update this filing
 1356  by reporting any material change in the required information
 1357  within 30 days after the material change occurs. An
 1358  advertisement is not placed in the state merely because the
 1359  publisher circulates, or there is circulated on his or her
 1360  behalf in the state, any bona fide newspaper or other
 1361  publication of general, regular, and paid circulation which has
 1362  had more than two-thirds of its circulation during the past 12
 1363  months outside the state or because a radio or television
 1364  program originating outside the state is received in the state.
 1365  If the seller is required by s. 559.807 to provide a bond or
 1366  establish a trust account or guaranteed letter of credit, he or
 1367  she shall contemporaneously file with the department a copy of
 1368  the bond, a copy of the formal notification by the depository
 1369  that the trust account is established, or a copy of the
 1370  guaranteed letter of credit. Every seller of a business
 1371  opportunity shall file with the department a list of independent
 1372  agents who will engage in the offer or sale of business
 1373  opportunities on behalf of the seller in this state. This list
 1374  must be kept current and shall include the following
 1375  information: name, home and business address, telephone number,
 1376  present employer, social security number, and birth date. A No
 1377  person may not shall be allowed to offer or sell business
 1378  opportunities unless the required information is has been
 1379  provided to the department.
 1380         Section 39. Subsection (3) of section 559.928, Florida
 1381  Statutes, is amended to read:
 1382         559.928 Registration.—
 1383         (3) Each independent agent shall annually file an affidavit
 1384  with the department before prior to engaging in business in this
 1385  state. This affidavit must include the independent agent’s full
 1386  name, legal business or trade name, mailing address, business
 1387  address, telephone number, social security number, and the name
 1388  or names and addresses of each seller of travel represented by
 1389  the independent agent. A letter evidencing proof of filing must
 1390  be issued by the department and must be prominently displayed in
 1391  the independent agent’s primary place of business. Each
 1392  independent agent must also submit an annual registration fee of
 1393  $50. All moneys collected pursuant to the imposition of the fee
 1394  shall be deposited by the Chief Financial Officer into the
 1395  General Inspection Trust Fund of the Department of Agriculture
 1396  and Consumer Services for the sole purpose of administrating
 1397  this part. As used in this subsection, the term “independent
 1398  agent” means a person who represents a seller of travel by
 1399  soliciting persons on its behalf; who has a written contract
 1400  with a seller of travel which is operating in compliance with
 1401  this part and any rules adopted thereunder; who does not receive
 1402  a fee, commission, or other valuable consideration directly from
 1403  the purchaser for the seller of travel; who does not at any time
 1404  have any unissued ticket stock or travel documents in his or her
 1405  possession; and who does not have the ability to issue tickets,
 1406  vacation certificates, or any other travel document. The term
 1407  “independent agent” does not include an affiliate of the seller
 1408  of travel, as that term is used in s. 559.935(3), or the
 1409  employees of the seller of travel or of such affiliates.
 1410         Section 40. Subsection (7) of section 570.0725, Florida
 1411  Statutes, is amended to read:
 1412         570.0725 Food recovery; legislative intent; department
 1413  functions.—
 1414         (7) For public information purposes, the department may
 1415  shall develop and provide a public information brochure
 1416  detailing the need for food banks and similar of food recovery
 1417  programs, the benefit of such food recovery programs, the manner
 1418  in which such organizations may become involved in such food
 1419  recovery programs, and the protection afforded to such programs
 1420  under s. 768.136, and the food recovery entities or food banks
 1421  that exist in the state. This brochure must be updated annually.
 1422  A food bank or similar food recovery organization seeking to be
 1423  included on a list of such organizations must notify the
 1424  department and provide the information required by rule of the
 1425  department. Such organizations are responsible for updating the
 1426  information and providing the updated information to the
 1427  department. The department may adopt rules to implement this
 1428  section.
 1429         Section 41. Paragraph (e) of subsection (6) of section
 1430  570.53, Florida Statutes, is amended to read:
 1431         570.53 Division of Marketing and Development; powers and
 1432  duties.—The powers and duties of the Division of Marketing and
 1433  Development include, but are not limited to:
 1434         (6)
 1435         (e) Extending in every practicable way the distribution and
 1436  sale of Florida agricultural products throughout the markets of
 1437  the world as required of the department by s. ss. 570.07(7),
 1438  (8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
 1439         Section 42. Subsection (2) of section 570.54, Florida
 1440  Statutes, is amended to read:
 1441         570.54 Director; duties.—
 1442         (2) It shall be the duty of the director of this division
 1443  to supervise, direct, and coordinate the activities authorized
 1444  by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
 1445  (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
 1446  chapters 504, 571, 573, and 574 and to exercise other powers and
 1447  authority as authorized by the department.
 1448         Section 43. Subsection (4) of section 570.55, Florida
 1449  Statutes, is amended to read:
 1450         570.55 Identification of sellers or handlers of tropical or
 1451  subtropical fruit and vegetables; containers specified;
 1452  penalties.—
 1453         (4) IDENTIFICATION OF HANDLER.—At the time of each
 1454  transaction involving the handling or sale of 55 pounds or more
 1455  of tropical or subtropical fruit or vegetables in the primary
 1456  channel of trade, the buyer or receiver of the tropical or
 1457  subtropical fruit or vegetables shall demand a bill of sale,
 1458  invoice, sales memorandum, or other document listing the date of
 1459  the transaction, the quantity of the tropical or subtropical
 1460  fruit or vegetables involved in the transaction, and the
 1461  identification of the seller or handler as it appears on the
 1462  driver’s license of the seller or handler, including the
 1463  driver’s license number. If the seller or handler does not
 1464  possess a driver’s license, the buyer or receiver shall use any
 1465  other acceptable means of identification, which may include, but
 1466  is not limited to, i.e., voter’s registration card and number,
 1467  draft card, social security card, or other identification.
 1468  However, no less than two identification documents shall be
 1469  used. The identification of the seller or handler shall be
 1470  recorded on the bill of sale, sales memorandum, invoice, or
 1471  voucher, which shall be retained by the buyer or receiver for a
 1472  period of not less than 1 year from the date of the transaction.
 1473         Section 44. Subsection (3) of section 570.902, Florida
 1474  Statutes, is amended to read:
 1475         570.902 Definitions; ss. 570.902 and 570.903.—For the
 1476  purpose of ss. 570.902 and 570.903:
 1477         (3) “Museum” means the Florida Agricultural Museum which is
 1478  designated as the museum for agriculture and rural history of
 1479  the State of Florida.
 1480         Section 45. Section 570.903, Florida Statutes, is amended
 1481  to read:
 1482         570.903 Direct-support organization.—
 1483         (1) When the Legislature authorizes the establishment of a
 1484  direct-support organization to provide assistance for the
 1485  museums, the Florida Agriculture in the Classroom Program, the
 1486  Florida State Collection of Arthropods, the Friends of the
 1487  Florida State Forests Program of the Division of Forestry, and
 1488  the Forestry Arson Alert Program, and other programs of the
 1489  department, the following provisions shall govern the creation,
 1490  use, powers, and duties of the direct-support organization.
 1491         (a) The department shall enter into a memorandum or letter
 1492  of agreement with the direct-support organization, which shall
 1493  specify the approval of the department, the powers and duties of
 1494  the direct-support organization, and rules with which the
 1495  direct-support organization shall comply.
 1496         (b) The department may permit, without charge, appropriate
 1497  use of property, facilities, and personnel of the department by
 1498  a direct-support organization, subject to the provisions of ss.
 1499  570.902 and 570.903. The use shall be directly in keeping with
 1500  the approved purposes of the direct-support organization and
 1501  shall not be made at times or places that would unreasonably
 1502  interfere with opportunities for the general public to use
 1503  department facilities for established purposes.
 1504         (c) The department shall prescribe by contract or by rule
 1505  conditions with which a direct-support organization shall comply
 1506  in order to use property, facilities, or personnel of the
 1507  department or museum. Such rules shall provide for budget and
 1508  audit review and oversight by the department.
 1509         (d) The department shall not permit the use of property,
 1510  facilities, or personnel of the museum, department, or
 1511  designated program by a direct-support organization which does
 1512  not provide equal employment opportunities to all persons
 1513  regardless of race, color, religion, sex, age, or national
 1514  origin.
 1515         (2)(a) The direct-support organization shall be empowered
 1516  to conduct programs and activities; raise funds; request and
 1517  receive grants, gifts, and bequests of money; acquire, receive,
 1518  hold, invest, and administer, in its own name, securities,
 1519  funds, objects of value, or other property, real or personal;
 1520  and make expenditures to or for the direct or indirect benefit
 1521  of the museum or designated program.
 1522         (b) Notwithstanding the provisions of s. 287.057, the
 1523  direct-support organization may enter into contracts or
 1524  agreements with or without competitive bidding for the
 1525  restoration of objects, historical buildings, and other
 1526  historical materials or for the purchase of objects, historical
 1527  buildings, and other historical materials which are to be added
 1528  to the collections of the museum, or benefit of the designated
 1529  program. However, before the direct-support organization may
 1530  enter into a contract or agreement without competitive bidding,
 1531  the direct-support organization shall file a certification of
 1532  conditions and circumstances with the internal auditor of the
 1533  department justifying each contract or agreement.
 1534         (c) Notwithstanding the provisions of s. 287.025(1)(e), the
 1535  direct-support organization may enter into contracts to insure
 1536  property of the museum or designated programs and may insure
 1537  objects or collections on loan from others in satisfying
 1538  security terms of the lender.
 1539         (3) The direct-support organization shall provide for an
 1540  annual financial audit in accordance with s. 215.981.
 1541         (4) Neither a designated program or a museum, nor a
 1542  nonprofit corporation trustee or employee may:
 1543         (a) Receive a commission, fee, or financial benefit in
 1544  connection with the sale or exchange of property historical
 1545  objects or properties to the direct-support organization, the
 1546  museum, or the designated program; or
 1547         (b) Be a business associate of any individual, firm, or
 1548  organization involved in the sale or exchange of property to the
 1549  direct-support organization, the museum, or the designated
 1550  program.
 1551         (5) All moneys received by the direct-support organization
 1552  shall be deposited into an account of the direct-support
 1553  organization and shall be used by the organization in a manner
 1554  consistent with the goals of the museum or designated program.
 1555         (6) The identity of a donor or prospective donor who
 1556  desires to remain anonymous and all information identifying such
 1557  donor or prospective donor are confidential and exempt from the
 1558  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1559  Constitution.
 1560         (7) The Commissioner of Agriculture, or the commissioner’s
 1561  designee, may serve on the board of trustees and the executive
 1562  committee of any direct-support organization established to
 1563  benefit the museum or any designated program.
 1564         (8) The department shall establish by rule archival
 1565  procedures relating to museum artifacts and records. The rules
 1566  shall provide procedures which protect the museum’s artifacts
 1567  and records equivalent to those procedures which have been
 1568  established by the Department of State under chapters 257 and
 1569  267.
 1570         Section 46. Subsection (4) of section 573.118, Florida
 1571  Statutes, is amended to read:
 1572         573.118 Assessment; funds; audit; loans.—
 1573         (4) In the event of levying and collecting of assessments,
 1574  for each fiscal year in which assessment funds are received by
 1575  the department, the department shall maintain records of
 1576  collections and expenditures for each marketing order separately
 1577  within the state’s accounting system. If requested by an
 1578  advisory council, department staff shall cause to be made a
 1579  thorough annual audit of the books and accounts by a certified
 1580  public accountant, such audit to be completed within 60 days
 1581  after the request is received end of the fiscal year. The
 1582  advisory council department and all producers and handlers
 1583  covered by the marketing order shall be provided a copy of the
 1584  properly advised of the details of the annual official audit of
 1585  the accounts as shown by the certified public accountant within
 1586  30 days after completion of the audit.
 1587         Section 47. Subsections (18) through (30) of section
 1588  581.011, Florida Statutes, are renumbered as subsections (17)
 1589  through (29), respectively, and present subsections (17) and
 1590  (20) of that section are amended to read:
 1591         581.011 Definitions.—As used in this chapter:
 1592         (17) “Museum” means the Florida State Collection of
 1593  Arthropods.
 1594         (19)(20) “Nursery” means any grounds or premises on or in
 1595  which nursery stock is grown, propagated, or held for sale or
 1596  distribution, including except where aquatic plant species are
 1597  tended for harvest in the natural environment.
 1598         Section 48. Paragraph (a) of subsection (3) of section
 1599  581.211, Florida Statutes, is amended to read:
 1600         581.211 Penalties for violations.—
 1601         (3)(a)1. In addition to any other provision of law, the
 1602  department may, after notice and hearing, impose an
 1603  administrative fine not exceeding $10,000 $5,000 for each
 1604  violation of this chapter, upon any person, nurseryman, stock
 1605  dealer, agent or plant broker. The fine, when paid, shall be
 1606  deposited in the Plant Industry Trust Fund. In addition, the
 1607  department may place the violator on probation for up to 1 year,
 1608  with conditions.
 1609         2. The imposition of a fine or probation pursuant to this
 1610  subsection may be in addition to or in lieu of the suspension or
 1611  revocation of a certificate of registration or certificate of
 1612  inspection.
 1613         Section 49. Section 583.13, Florida Statutes, is amended to
 1614  read:
 1615         583.13 Labeling and advertising requirements for dressed
 1616  poultry; unlawful acts.—
 1617         (1) It is unlawful for any dealer or broker to sell, offer
 1618  for sale, or hold for the purpose of sale in the state any
 1619  dressed or ready-to-cook poultry in bulk unless the such poultry
 1620  is packed in a container clearly bearing a label, not less than
 1621  3 inches by 5 inches, on which shall be plainly and legibly
 1622  printed, in letters of not less than 1/4 inch high in height,
 1623  the grade and the part name or whole-bird statement of such
 1624  poultry. The grade may be expressed in the term “premium,”
 1625  “good,” or “standard,” or as the grade of another state or
 1626  federal agency the standards of quality of which, by law, are
 1627  equal to the standards of quality provided by this law and rules
 1628  promulgated hereunder.
 1629         (2) It is unlawful to sell unpackaged dressed or ready-to
 1630  cook poultry at retail unless such poultry is labeled by a
 1631  placard immediately adjacent to the poultry or unless each bird
 1632  is individually labeled to show the grade and the part name or
 1633  whole-bird statement. The placard shall be no smaller than 7
 1634  inches by 7 inches in size, and the required labeling
 1635  information shall be legibly and plainly printed on the placard
 1636  in letters not smaller than 1 inch in height.
 1637         (3) It is unlawful to sell packaged dressed or ready-to
 1638  cook poultry at retail unless such poultry is labeled to show
 1639  the grade, the part name or whole-bird statement, the net weight
 1640  of the poultry, and the name and address of the dealer. The size
 1641  of the type on the label must be one-eighth inch or larger. A
 1642  placard immediately adjacent to such poultry may be used to
 1643  indicate the grade and the part name or whole-bird statement,
 1644  but not the net weight of the poultry or the name and address of
 1645  the dealer.
 1646         (4) It is unlawful to use dressed or ready-to-cook poultry
 1647  in bulk in the preparation of food served to the public, or to
 1648  hold such poultry for the purpose of such use, unless the
 1649  poultry when received was packed in a container clearly bearing
 1650  a label, not less than 3 inches by 5 inches, on which was
 1651  plainly and legibly printed, in letters not less than 1/4 one
 1652  fourth inch high in height, the grade and the part name or
 1653  whole-bird statement of such poultry. The grade may be expressed
 1654  in the term “premium,” “good,” or “standard,” or as the grade of
 1655  another state or federal agency the standards of quality of
 1656  which, by law, are equal to the standards of quality provided by
 1657  this law and rules promulgated hereunder.
 1658         (5) It is unlawful to offer dressed or ready-to-cook
 1659  poultry for sale in any advertisement in a newspaper or
 1660  circular, on radio or television, or in any other form of
 1661  advertising without plainly designating in such advertisement
 1662  the grade and the part name or whole-bird statement of such
 1663  poultry.
 1664         Section 50. Subsection (1) of section 585.61, Florida
 1665  Statutes, is amended to read:
 1666         585.61 Animal disease diagnostic laboratories.—
 1667         (1) There is hereby created and established an animal
 1668  disease diagnostic laboratory in Osceola County and Suwannee
 1669  County. The laboratory complex in Osceola County is designated
 1670  as “The Bronson Animal Disease Diagnostic Laboratory.”
 1671         Section 51. Section 590.125, Florida Statutes, is amended
 1672  to read:
 1673         590.125 Open burning authorized by the division.—
 1674         (1) DEFINITIONS.—As used in this section, the term:
 1675         (a) “Certified pile burner” means an individual who
 1676  successfully completes the division’s pile burning certification
 1677  program and possesses a valid pile burner certification number.
 1678         (a)“Prescribed burning” means the controlled application
 1679  of fire in accordance with a written prescription for vegetative
 1680  fuels under specified environmental conditions while following
 1681  appropriate precautionary measures that ensure that the fire is
 1682  confined to a predetermined area to accomplish the planned fire
 1683  or land-management objectives.
 1684         (b) “Certified prescribed burn manager” means an individual
 1685  who successfully completes the certified prescribed burning
 1686  certification program of the division and possesses a valid
 1687  certification number.
 1688         (c)“Prescription” means a written plan establishing the
 1689  criteria necessary for starting, controlling, and extinguishing
 1690  a prescribed burn.
 1691         (c)(d) “Extinguished” means: that no spreading flame
 1692         1. For wild land burning or certified prescribed burning,
 1693  that no spreading flames exist. and no visible flame, smoke, or
 1694  emissions
 1695         2. For vegetative land-clearing debris burning or pile
 1696  burning, that no visible flames exist.
 1697         3. For vegetative land-clearing debris burning or pile
 1698  burning in an area designated as smoke sensitive by the
 1699  division, that no visible flames, smoke, or emissions exist.
 1700         (d) “Land-clearing operation” means the uprooting or
 1701  clearing of vegetation in connection with the construction of
 1702  buildings and rights-of-way, land development, and mineral
 1703  operations. The term does not include the clearing of yard
 1704  trash.
 1705         (e) “Pile burning” means the burning of silvicultural,
 1706  agricultural, or land-clearing and tree-cutting debris
 1707  originating onsite, which is stacked together in a round or
 1708  linear fashion, including, but not limited to, a windrow.
 1709         (f) “Prescribed burning” means the controlled application
 1710  of fire in accordance with a written prescription for vegetative
 1711  fuels under specified environmental conditions while following
 1712  appropriate precautionary measures that ensure that the fire is
 1713  confined to a predetermined area to accomplish the planned fire
 1714  or land-management objectives.
 1715         (g) “Prescription” means a written plan establishing the
 1716  criteria necessary for starting, controlling, and extinguishing
 1717  a prescribed burn.
 1718         (h) “Yard trash” means vegetative matter resulting from
 1719  landscaping and yard maintenance operations and other such
 1720  routine property cleanup activities. The term includes materials
 1721  such as leaves, shrub trimmings, grass clippings, brush, and
 1722  palm fronds.
 1723         (2) NONCERTIFIED BURNING.—
 1724         (a) Persons may be authorized to burn wild land or
 1725  vegetative land-clearing debris in accordance with this
 1726  subsection if:
 1727         1. There is specific consent of the landowner or his or her
 1728  designee;
 1729         2. Authorization has been obtained from the division or its
 1730  designated agent before starting the burn;
 1731         3. There are adequate firebreaks at the burn site and
 1732  sufficient personnel and firefighting equipment for the control
 1733  of the fire;
 1734         4. The fire remains within the boundary of the authorized
 1735  area;
 1736         5. Someone is present at the burn site until the fire is
 1737  extinguished;
 1738         6. The division does not cancel the authorization; and
 1739         7. The division determines that air quality and fire danger
 1740  are favorable for safe burning.
 1741         (b) A person who burns wild land or vegetative land
 1742  clearing debris in a manner that violates any requirement of
 1743  this subsection commits a misdemeanor of the second degree,
 1744  punishable as provided in s. 775.082 or s. 775.083.
 1745         (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
 1746  PURPOSE.—
 1747         (a) The application of prescribed burning is a land
 1748  management tool that benefits the safety of the public, the
 1749  environment, and the economy of the state. The Legislature finds
 1750  that:
 1751         1. Prescribed burning reduces vegetative fuels within wild
 1752  land areas. Reduction of the fuel load reduces the risk and
 1753  severity of wildfire, thereby reducing the threat of loss of
 1754  life and property, particularly in urban areas.
 1755         2. Most of Florida’s natural communities require periodic
 1756  fire for maintenance of their ecological integrity. Prescribed
 1757  burning is essential to the perpetuation, restoration, and
 1758  management of many plant and animal communities. Significant
 1759  loss of the state’s biological diversity will occur if fire is
 1760  excluded from fire-dependent systems.
 1761         3. Forestland and rangeland constitute significant
 1762  economic, biological, and aesthetic resources of statewide
 1763  importance. Prescribed burning on forestland prepares sites for
 1764  reforestation, removes undesirable competing vegetation,
 1765  expedites nutrient cycling, and controls or eliminates certain
 1766  forest pathogens. On rangeland, prescribed burning improves the
 1767  quality and quantity of herbaceous vegetation necessary for
 1768  livestock production.
 1769         4. The state purchased hundreds of thousands of acres of
 1770  land for parks, preserves, wildlife management areas, forests,
 1771  and other public purposes. The use of prescribed burning for
 1772  management of public lands is essential to maintain the specific
 1773  resource values for which these lands were acquired.
 1774         5. A public education program is necessary to make citizens
 1775  and visitors aware of the public safety, resource, and economic
 1776  benefits of prescribed burning.
 1777         6. Proper training in the use of prescribed burning is
 1778  necessary to ensure maximum benefits and protection for the
 1779  public.
 1780         7. As Florida’s population continues to grow, pressures
 1781  from liability issues and nuisance complaints inhibit the use of
 1782  prescribed burning. Therefore, the division is urged to maximize
 1783  the opportunities for prescribed burning conducted during its
 1784  daytime and nighttime authorization process.
 1785         (b) Certified prescribed burning pertains only to broadcast
 1786  burning for purposes of silviculture, wildlife management,
 1787  ecological maintenance and restoration, hazardous fuels
 1788  reduction, and range and pasture management. It must be
 1789  conducted in accordance with this subsection and:
 1790         1. May be accomplished only when a certified prescribed
 1791  burn manager is present on site with a copy of the prescription
 1792  from ignition of the burn to its completion.
 1793         2. Requires that a written prescription be prepared before
 1794  receiving authorization to burn from the division.
 1795         3. Requires that the specific consent of the landowner or
 1796  his or her designee be obtained before requesting an
 1797  authorization.
 1798         4. Requires that an authorization to burn be obtained from
 1799  the division before igniting the burn.
 1800         5. Requires that there be adequate firebreaks at the burn
 1801  site and sufficient personnel and firefighting equipment for the
 1802  control of the fire.
 1803         6. Is considered to be in the public interest and does not
 1804  constitute a public or private nuisance when conducted under
 1805  applicable state air pollution statutes and rules.
 1806         7. Is considered to be a property right of the property
 1807  owner if vegetative fuels are burned as required in this
 1808  subsection.
 1809         (c) Neither a property owner nor his or her agent is liable
 1810  pursuant to s. 590.13 for damage or injury caused by the fire or
 1811  resulting smoke or considered to be in violation of subsection
 1812  (2) for burns conducted in accordance with this subsection
 1813  unless gross negligence is proven.
 1814         (d) Any certified burner who violates this section commits
 1815  a misdemeanor of the second degree, punishable as provided in s.
 1816  775.082 or s. 775.083.
 1817         (e) The division shall adopt rules for the use of
 1818  prescribed burning and for certifying and decertifying certified
 1819  prescribed burn managers based on their past experience,
 1820  training, and record of compliance with this section.
 1821         (4) CERTIFIED PILE BURNING; LEGISLATIVE FINDINGS AND
 1822  PURPOSE.—
 1823         (a) Pile burning is a tool that benefits current and future
 1824  generations in Florida by disposing of naturally occurring
 1825  vegetative debris through burning rather than disposing of the
 1826  debris in landfills.
 1827         (b) Certified pile burning pertains to the disposal of
 1828  piled, naturally occurring debris from an agricultural,
 1829  silvicultural, or temporary land-clearing operation. A land
 1830  clearing operation is temporary if it operates for 6 months or
 1831  less. Certified pile burning must be conducted in accordance
 1832  with this subsection, and:
 1833         1. A certified pile burner must ensure, before ignition,
 1834  that the piles are properly placed and that the content of the
 1835  piles is conducive to efficient burning.
 1836         2. A certified pile burner must ensure that the piles are
 1837  properly extinguished no later than 1 hour after sunset. If the
 1838  burn is conducted in an area designated by the division as smoke
 1839  sensitive, a certified pile burner must ensure that the piles
 1840  are properly extinguished at least 1 hour before sunset.
 1841         3. A written pile burn plan must be prepared before
 1842  receiving authorization from the division to burn.
 1843         4. The specific consent of the landowner or his or her
 1844  agent must be obtained before requesting authorization to burn.
 1845         5. An authorization to burn must be obtained from the
 1846  division or its designated agent before igniting the burn.
 1847         6. There must be adequate firebreaks and sufficient
 1848  personnel and firefighting equipment at the burn site to control
 1849  the fire.
 1850         (c) If a burn is conducted in accordance with this
 1851  subsection, the property owner and his or her agent are not
 1852  liable under s. 590.13 for damage or injury caused by the fire
 1853  or resulting smoke, and are not in violation of subsection (2),
 1854  unless gross negligence is proven.
 1855         (d) A certified pile burner who violates this section
 1856  commits a misdemeanor of the second degree, punishable as
 1857  provided in s. 775.082 or s. 775.083.
 1858         (e) The division shall adopt rules regulating certified
 1859  pile burning. The rules shall include procedures and criteria
 1860  for certifying and decertifying certified pile burn managers
 1861  based on past experience, training, and record of compliance
 1862  with this section.
 1863         (5)(4) WILDFIRE HAZARD REDUCTION TREATMENT BY THE
 1864  DIVISION.—The division may conduct fuel reduction initiatives,
 1865  including, but not limited to, burning and mechanical and
 1866  chemical treatment, on any area of wild land within the state
 1867  which is reasonably determined to be in danger of wildfire in
 1868  accordance with the following procedures:
 1869         (a) Describe the areas that will receive fuels treatment to
 1870  the affected local governmental entity.
 1871         (b) Publish a treatment notice, including a description of
 1872  the area to be treated, in a conspicuous manner in at least one
 1873  newspaper of general circulation in the area of the treatment
 1874  not less than 10 days before the treatment.
 1875         (c) Prepare, and send the county tax collector shall
 1876  include with the annual tax statement, a notice to be sent to
 1877  all landowners in each area township designated by the division
 1878  as a wildfire hazard area. The notice must describe particularly
 1879  the area to be treated and the tentative date or dates of the
 1880  treatment and must list the reasons for and the expected
 1881  benefits from the wildfire hazard reduction.
 1882         (d) Consider any landowner objections to the fuels
 1883  treatment of his or her property. The landowner may apply to the
 1884  director of the division for a review of alternative methods of
 1885  fuel reduction on the property. If the director or his or her
 1886  designee does not resolve the landowner objection, the director
 1887  shall convene a panel made up of the local forestry unit
 1888  manager, the fire chief of the jurisdiction, and the affected
 1889  county or city manager, or any of their designees. If the
 1890  panel’s recommendation is not acceptable to the landowner, the
 1891  landowner may request further consideration by the Commissioner
 1892  of Agriculture or his or her designee and shall thereafter be
 1893  entitled to an administrative hearing pursuant to the provisions
 1894  of chapter 120.
 1895         (6) DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
 1896  AUTHORIZATION PROGRAMS.—
 1897         (a) A county or municipality may exercise the division’s
 1898  authority, if delegated by the division under this subsection,
 1899  to issue authorizations for the burning of yard trash or debris
 1900  from land-clearing operations. A county’s or municipality’s
 1901  existing or proposed open burning authorization program must:
 1902         1. Be approved by the division. The division shall not
 1903  approve a program if it fails to meet the requirements of
 1904  subsections (2) and (4) and any rules adopted under those
 1905  subsections.
 1906         2. Provide by ordinance or local law the requirements for
 1907  obtaining and performing a burn authorization that comply with
 1908  subsections (2) and (4) and any rules adopted under those
 1909  subsections.
 1910         3. Provide for the enforcement of the program’s
 1911  requirements.
 1912         4. Provide financial, personnel, and other resources needed
 1913  to carry out the program.
 1914         (b) If the division determines that a county’s or
 1915  municipality’s open burning authorization program does not
 1916  comply with subsections (2) and (4) and any rules adopted under
 1917  those subsections, the division shall require the county or
 1918  municipality to take necessary corrective actions within a
 1919  reasonable period, not to exceed 90 days.
 1920         1. If the county or municipality fails to take the
 1921  necessary corrective actions within the required period, the
 1922  division shall resume administration of the open burning
 1923  authorization program in the county or municipality and the
 1924  county or municipality shall cease administration of its
 1925  program.
 1926         2. Each county and municipality administering an open
 1927  burning authorization program must cooperate with and assist the
 1928  division in carrying out the division’s powers, duties, and
 1929  functions.
 1930         3. A person who violates the requirements of a county’s or
 1931  municipality’s open burning authorization program, as provided
 1932  by ordinance or local law enacted pursuant to this section,
 1933  commits a violation of this chapter, punishable as provided in
 1934  s. 590.14.
 1935         (7)(5) DUTIES OF AGENCIES.—The Department of Education
 1936  shall incorporate, where feasible and appropriate, the issues of
 1937  fuels treatment, including prescribed burning, into its
 1938  educational materials.
 1939         Section 52. Section 590.14, Florida Statutes, is amended to
 1940  read:
 1941         590.14 Notice of violation; penalties.—
 1942         (1) If a division employee determines that a person has
 1943  violated chapter 589, or this chapter, or any rule adopted by
 1944  the division to administer provisions of law conferring duties
 1945  upon the division, the division employee he or she may issue a
 1946  notice of violation indicating the statute violated. This notice
 1947  will be filed with the division and a copy forwarded to the
 1948  appropriate law enforcement entity for further action if
 1949  necessary.
 1950         (2) In addition to any penalties provided by law, any
 1951  person who causes a wildfire or permits any authorized fire to
 1952  escape the boundaries of the authorization or to burn past the
 1953  time of the authorization is liable for the payment of all
 1954  reasonable costs and expenses incurred in suppressing the fire
 1955  or $150, whichever is greater. All costs and expenses incurred
 1956  by the division shall be payable to the division. When such
 1957  costs and expenses are not paid within 30 days after demand, the
 1958  division may take proper legal proceedings for the collection of
 1959  the costs and expenses. Those costs incurred by an agency acting
 1960  at the division’s direction are recoverable by that agency.
 1961         (3) The department may also impose an administrative fine,
 1962  not to exceed $1,000 per violation of any section of chapter 589
 1963  or this chapter or violation of any rule adopted by the division
 1964  to administer provisions of law conferring duties upon the
 1965  division. The fine shall be based upon the degree of damage, the
 1966  prior violation record of the person, and whether the person
 1967  knowingly provided false information to obtain an authorization.
 1968  The fines shall be deposited in the Incidental Trust Fund of the
 1969  division.
 1970         (4) A person may not:
 1971         (a) Fail to comply with any rule or order adopted by the
 1972  division to administer provisions of law conferring duties upon
 1973  the division; or
 1974         (b) Knowingly make any false statement or representation in
 1975  any application, record, plan, or other document required by
 1976  this chapter or any rules adopted under this chapter.
 1977         (5) A person who violates paragraph (4)(a) or paragraph
 1978  (4)(b) commits a misdemeanor of the second degree, punishable as
 1979  provided in s. 775.082 or s. 775.083.
 1980         (6) It is the intent of the Legislature that a penalty
 1981  imposed by a court under subsection (5) be of a severity that
 1982  ensures immediate and continued compliance with this section.
 1983         (7)(4) The penalties provided in this section shall extend
 1984  to both the actual violator and the person or persons, firm, or
 1985  corporation causing, directing, or permitting the violation.
 1986         Section 53. Paragraph (a) of subsection (1) of section
 1987  599.004, Florida Statutes, is amended to read:
 1988         599.004 Florida Farm Winery Program; registration; logo;
 1989  fees.—
 1990         (1) The Florida Farm Winery Program is established within
 1991  the Department of Agriculture and Consumer Services. Under this
 1992  program, a winery may qualify as a tourist attraction only if it
 1993  is registered with and certified by the department as a Florida
 1994  Farm Winery. A winery may not claim to be certified unless it
 1995  has received written approval from the department.
 1996         (a) To qualify as a certified Florida Farm Winery, a winery
 1997  shall meet the following standards:
 1998         1. Produce or sell less than 250,000 gallons of wine
 1999  annually.
 2000         2. Maintain a minimum of 10 acres of owned or managed land
 2001  vineyards in Florida which produces commodities used in the
 2002  production of wine.
 2003         3. Be open to the public for tours, tastings, and sales at
 2004  least 30 hours each week.
 2005         4. Make annual application to the department for
 2006  recognition as a Florida Farm Winery, on forms provided by the
 2007  department.
 2008         5. Pay an annual application and registration fee of $100.
 2009         Section 54. Subsection (1) of section 604.15, Florida
 2010  Statutes, is amended, and subsection (11) is added to that
 2011  section, to read:
 2012         604.15 Dealers in agricultural products; definitions.—For
 2013  the purpose of ss. 604.15-604.34, the following words and terms,
 2014  when used, shall be construed to mean:
 2015         (1) “Agricultural products” means the natural products of
 2016  the farm, nursery, grove, orchard, vineyard, garden, and apiary
 2017  (raw or manufactured); sod; tropical foliage; horticulture; hay;
 2018  livestock; milk and milk products; poultry and poultry products;
 2019  the fruit of the saw palmetto (meaning the fruit of the Serenoa
 2020  repens); limes (meaning the fruit Citrus aurantifolia, variety
 2021  Persian, Tahiti, Bearss, or Florida Key limes); and any other
 2022  nonexempt agricultural products produced in the state, except
 2023  tobacco, sugarcane, tropical foliage, timber and timber
 2024  byproducts, forest products as defined in s. 591.17, and citrus
 2025  other than limes.
 2026         (11) “Responsible position” means a position within the
 2027  business of a dealer in agricultural products that has the
 2028  authority to negotiate or make the purchase of agricultural
 2029  products on behalf of the dealer’s business or has principal
 2030  active management authority over the business decisions,
 2031  actions, and activities of the dealer’s business in this state.
 2032         Section 55. Section 604.19, Florida Statutes, is amended to
 2033  read:
 2034         604.19 License; fee; bond; certificate of deposit;
 2035  penalty.—Unless the department refuses the application on one or
 2036  more of the grounds provided in this section, it shall issue to
 2037  an applicant, upon the payment of required fees and the
 2038  execution and delivery of a bond or certificate of deposit as
 2039  provided in this section, a state license entitling the
 2040  applicant to conduct business as a dealer in agricultural
 2041  products for a 1-year period to coincide with the effective
 2042  period of the bond or certificate of deposit furnished by the
 2043  applicant. During the 1-year period covered by a license, if the
 2044  supporting surety bond or certificate of deposit is canceled for
 2045  any reason, the license shall automatically expire on the date
 2046  the surety bond or certificate of deposit terminates, unless an
 2047  acceptable replacement is in effect before the date of
 2048  termination so that continual coverage occurs for the remaining
 2049  period of the license. A surety company shall give the
 2050  department a 30-day written notice of cancellation by certified
 2051  mail in order to cancel a bond. Cancellation of a bond or
 2052  certificate of deposit does shall not relieve a surety company
 2053  or financial institution of liability for purchases or sales
 2054  occurring while the bond or certificate of deposit was in
 2055  effect. The license fee, which must be paid for the principal
 2056  place of business for a dealer in agricultural products, shall
 2057  be based upon the amount of the dealer’s surety bond or
 2058  certificate of deposit furnished by each dealer under the
 2059  provisions of s. 604.20 and may not exceed $500. For each
 2060  additional place in which the applicant desires to conduct
 2061  business and which the applicant names in the application, the
 2062  additional license fee must be paid but may not exceed $100
 2063  annually. If a Should any dealer in agricultural products fails,
 2064  refuses, or neglects fail, refuse, or neglect to apply and
 2065  qualify for the renewal of a license on or before its the date
 2066  of expiration date thereof, a penalty not to exceed $100 shall
 2067  apply to and be added to the original license fee for the
 2068  principal place of business and to the license fee for each
 2069  additional place of business named in the application and shall
 2070  be paid by the applicant before the renewal license may be
 2071  issued. The department by rule shall prescribe fee amounts
 2072  sufficient to fund ss. 604.15-604.34.
 2073         Section 56. Section 604.25, Florida Statutes, is amended to
 2074  read:
 2075         604.25 Denial of, refusal to renew grant, or suspension or
 2076  revocation of, license.—
 2077         (1) The department may deny, refuse to renew, decline to
 2078  grant a license or may suspend or revoke a license already
 2079  granted if the applicant or licensee has:
 2080         (1)(a) Suffered a monetary judgment entered against the
 2081  applicant or licensee upon which is execution has been returned
 2082  unsatisfied;
 2083         (2)(b) Made false charges for handling or services
 2084  rendered;
 2085         (3)(c) Failed to account promptly and properly or to make
 2086  settlements with any producer;
 2087         (4)(d) Made any false statement or statements as to
 2088  condition, quality, or quantity of goods received or held for
 2089  sale when the true condition, quality, or quantity could have
 2090  been ascertained by reasonable inspection;
 2091         (5)(e) Made any false or misleading statement or statements
 2092  as to market conditions or service rendered;
 2093         (6)(f) Been guilty of a fraud in the attempt to procure, or
 2094  the procurement of, a license;
 2095         (7)(g) Directly or indirectly sold agricultural products
 2096  received on consignment or on a net return basis for her or his
 2097  own account, without prior authority from the producer
 2098  consigning the same, or without notifying such producer;
 2099         (8)(h)Failed to prevent a person from holding a position
 2100  as the applicant’s or licensee’s owner, officer, director,
 2101  general or managing partner, or employee Employed in a
 2102  responsible position a person, or holding any other similarly
 2103  situated position, if the person holds or has held a similar
 2104  position with any entity that an officer of a corporation, who
 2105  has failed to fully comply with an order of the department, has
 2106  not satisfied a civil judgment held by the department, has
 2107  pending any administrative or civil enforcement action by the
 2108  department, or has pending any criminal charges pursuant to s.
 2109  604.30 at any time within 1 year after issuance;
 2110         (9)(i) Violated any statute or rule relating to the
 2111  purchase or sale of any agricultural product, whether or not
 2112  such transaction is subject to the provisions of this chapter;
 2113  or
 2114         (10)(j) Failed to submit to the department an application,
 2115  appropriate license fees, and an acceptable surety bond or
 2116  certificate of deposit; or.
 2117         (11)(2)Failed If a licensee fails or refused refuses to
 2118  comply in full with an order of the department or failed to
 2119  satisfy a civil judgment owed to the department, her or his
 2120  license may be suspended or revoked, in which case she or he
 2121  shall not be eligible for license for a period of 1 year or
 2122  until she or he has fully complied with the order of the
 2123  department.
 2124         (3) No person, or officer of a corporation, whose license
 2125  has been suspended or revoked for failure to comply with an
 2126  order of the department may hold a responsible position with a
 2127  licensee for a period of 1 year or until the order of the
 2128  department has been fully complied with.
 2129         Section 57. Subsections (18) and (19) of section 616.242,
 2130  Florida Statutes, are renumbered as subsections (19) and (20),
 2131  respectively, and a new subsection (18) is added to that section
 2132  to read:
 2133         616.242 Safety standards for amusement rides.—
 2134         (18) STOP-OPERATION ORDERS.—If an owner or amusement ride
 2135  fails to comply with this chapter or any rule adopted under this
 2136  chapter, the department may issue a stop-operation order.
 2137         Section 58. Subsection (7) is added to section 624.4095,
 2138  Florida Statutes, to read:
 2139         624.4095 Premiums written; restrictions.—
 2140         (7) For purposes of this section and s. 624.407, with
 2141  regard to required capital and surplus, gross written premiums
 2142  for federal multiple-peril crop insurance which are ceded to the
 2143  Federal Crop Insurance Corporation and authorized reinsurers may
 2144  not be included when calculating the insurer’s gross writing
 2145  ratio. The liabilities for the ceded reinsurance premiums shall
 2146  be netted against the asset for amounts recoverable from
 2147  reinsurers. Each insurer that writes other insurance products
 2148  together with federal multiple-peril crop insurance must
 2149  disclose in the notes to the annual and quarterly financial
 2150  statement, or file a supplement to the financial statement which
 2151  discloses, a breakout of the gross written premiums for federal
 2152  multiple-peril crop insurance.
 2153         Section 59. Subsection (4) of section 686.201, Florida
 2154  Statutes, is amended to read:
 2155         686.201 Sales representative contracts involving
 2156  commissions; requirements; termination of agreement; civil
 2157  remedies.—
 2158         (4) This section does not apply to persons licensed
 2159  pursuant to chapter 475 who are performing services within the
 2160  scope of their license or to contracts to which a seller of
 2161  travel, as defined in s. 559.927, is a party.
 2162         Section 60. Paragraph (c) of subsection (5) and subsection
 2163  (12) of section 790.06, Florida Statutes, are amended to read:
 2164         790.06 License to carry concealed weapon or firearm.—
 2165         (5) The applicant shall submit to the Department of
 2166  Agriculture and Consumer Services:
 2167         (c) A full set of fingerprints of the applicant
 2168  administered by a law enforcement agency or the Division of
 2169  Licensing of the Department of Agriculture and Consumer
 2170  Services.
 2171         (12)(a) No license issued pursuant to this section shall
 2172  authorize any person to carry a concealed weapon or firearm into
 2173  any place of nuisance as defined in s. 823.05; any police,
 2174  sheriff, or highway patrol station; any detention facility,
 2175  prison, or jail; any courthouse; any courtroom, except that
 2176  nothing in this section would preclude a judge from carrying a
 2177  concealed weapon or determining who will carry a concealed
 2178  weapon in his or her courtroom; any polling place; any meeting
 2179  of the governing body of a county, public school district,
 2180  municipality, or special district; any meeting of the
 2181  Legislature or a committee thereof; any school, college, or
 2182  professional athletic event not related to firearms; any school
 2183  administration building; any portion of an establishment
 2184  licensed to dispense alcoholic beverages for consumption on the
 2185  premises, which portion of the establishment is primarily
 2186  devoted to such purpose; any elementary or secondary school
 2187  facility; any career center; any college or university facility
 2188  unless the licensee is a registered student, employee, or
 2189  faculty member of such college or university and the weapon is a
 2190  stun gun or nonlethal electric weapon or device designed solely
 2191  for defensive purposes and the weapon does not fire a dart or
 2192  projectile; inside the passenger terminal and sterile area of
 2193  any airport, provided that no person shall be prohibited from
 2194  carrying any legal firearm into the terminal, which firearm is
 2195  encased for shipment for purposes of checking such firearm as
 2196  baggage to be lawfully transported on any aircraft; or any place
 2197  where the carrying of firearms is prohibited by federal law. Any
 2198  person who willfully violates any provision of this subsection
 2199  commits a misdemeanor of the second degree, punishable as
 2200  provided in s. 775.082 or s. 775.083.
 2201         (b) Nothing shall prohibit or restrict a person licensed
 2202  under this section from transporting or storing, for lawful
 2203  purposes, a lawful firearm in a private vehicle wherever the
 2204  vehicle is otherwise lawfully present.
 2205         (c) This subsection does not modify the terms or conditions
 2206  of s. 790.251(7).
 2207         Section 61. Sections 570.071 and 570.901, Florida Statutes,
 2208  are repealed.
 2209         Section 62. Section 828.126, Florida Statutes, is created
 2210  to read:
 2211         828.126 Sexual activities involving animals.—
 2212         (1) As used in this section, the term “sexual activities”
 2213  means oral, anal, or vaginal penetration by, or union with, the
 2214  sexual organ of an animal or the anal or vaginal penetration of
 2215  an animal by any object.
 2216         (2) A person may not knowingly:
 2217         (a) Engage in a sexual activities with an animal;
 2218         (b) Cause, aid, or abet another person to engage in sexual
 2219  activities with an animal;
 2220         (c) Permit any sexual activities with an animal to be
 2221  conducted on any premises under his or her control; or
 2222         (d) Organize, promote, conduct, advertise, aid, abet,
 2223  participate in as an observer, or perform any service in the
 2224  furtherance of an act involving any sexual activities with an
 2225  animal for a commercial or recreational purpose.
 2226         (3) A person who violates this section commits a
 2227  misdemeanor of the first degree, punishable as provided in s.
 2228  775.082 or s. 775.083.
 2229         (4) This section does not apply to normal and ordinary
 2230  animal husbandry practices, conformation judging practices, or
 2231  accepted veterinary medical practices.
 2232         (5) For purposes of this section, the term “animal” means
 2233  any living or dead dumb creature.
 2234         Section 63. The Department of Agriculture and Consumer
 2235  Services shall meet with duly authorized representatives of
 2236  established organizations representing the Florida pest control
 2237  industry and prepare a report that shall be submitted to the
 2238  President of the Senate, the Speaker of the House of
 2239  Representatives, the chairperson of the Senate Committee on
 2240  Agriculture, and the chairperson of the House Committee on
 2241  Agribusiness by January 1, 2011. The report shall include
 2242  recommended amendments to chapter 482, Florida Statutes, which
 2243  provide for disciplinary action to be taken against licensees
 2244  who violate laws or rules pertaining to the pretreatment of soil
 2245  to protect newly constructed homes, pest control at sensitive
 2246  facilities such as schools and nursing homes, and also the
 2247  fumigation of existing homes for protection against termite
 2248  damage, thereby providing additional safeguards for consumers.
 2249  The report may also address other issues of concern to the
 2250  department and to members of the industry, such as changes to
 2251  requirements for professional liability insurance coverage or
 2252  the amount of bond required, duties and responsibilities of a
 2253  certified operator, issuance of a centralized pest control
 2254  service center license, and limited certification for commercial
 2255  wildlife management personnel.
 2256         Section 64. This act shall take effect July 1, 2010.

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