Florida Senate - 2017                CS for CS for CS for SB 498
       
       
        
       By the Committees on Appropriations; Judiciary; and Commerce and
       Tourism; and Senator Young
       
       
       
       
       576-04392-17                                           2017498c3
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 288.1175, F.S.;
    4         specifying that applications for funding for certain
    5         agriculture education and promotion facilities must be
    6         postmarked or electronically submitted by a certain
    7         date; amending s. 472.003, F.S.; specifying that
    8         certain persons under contract with registered or
    9         certified surveyors and mappers are not subject to the
   10         provisions of ch. 472, F.S.; amending s. 472.005,
   11         F.S.; redefining the terms “practice of surveying and
   12         mapping” and “subordinate”; amending s. 472.013, F.S.;
   13         revising the standards for applicant eligibility to
   14         take the licensure examination to practice as a
   15         surveyor or mapper; amending s. 472.015, F.S.;
   16         revising the qualifications for licensure by
   17         endorsement; amending s. 472.018, F.S.; authorizing
   18         the board to provide by rule for the carryover hours
   19         of continuing education requirements up to a specified
   20         maximum; deleting a requirement that the board approve
   21         course content for continuing education courses;
   22         requiring the board to adopt rules to establish
   23         criteria for continuing education providers;
   24         authorizing the board to provide by rule the method of
   25         delivery and criteria that may be used to satisfy
   26         continuing education requirements; deleting a
   27         requirement that the board must issue cease and desist
   28         orders and enact certain penalties for continuing
   29         education providers offering services that fail to
   30         conform to approved course material; amending s.
   31         472.025, F.S.; deleting a requirement that registrant
   32         seals be of impression-type metal; amending s.
   33         472.0366, F.S.; revising the requirements for copies
   34         of evaluation certificates that must be submitted to
   35         the Division of Emergency Management within the
   36         Executive Office of the Governor; requiring that
   37         certain copies of evaluation certificates be retained
   38         in the surveyor and mapper’s records; amending s.
   39         487.2041, F.S.; requiring the department to adopt by
   40         rule certain United States Environmental Protection
   41         Agency regulations relating to labeling requirements
   42         for pesticides and devices; amending s. 493.6101,
   43         F.S.; specifying that a manager of a private
   44         investigative agency may manage up to three offices,
   45         subject to certain requirements; amending s. 493.6105,
   46         F.S.; exempting certain partners and corporate
   47         officers from fingerprint retention requirements;
   48         revising the submission requirements for applications
   49         for Class “K” licenses; amending s. 493.6107, F.S.;
   50         deleting a specification that license fees are
   51         biennial; amending s. 493.6108, F.S.; providing an
   52         authorization to the Department of Law Enforcement to
   53         release certain mental health and substance abuse
   54         history of Class “G” or Class “K” applicants and
   55         licensees for the purpose of determining licensure
   56         eligibility; requiring licensees to notify their
   57         employer of an arrest within a specified period;
   58         amending s. 493.6112, F.S.; revising the notification
   59         requirements for changes of certain partners,
   60         officers, and employees of private investigative,
   61         security, and recovery agencies; amending s. 493.6113,
   62         F.S.; specifying that Class “G” licensees must
   63         complete requalification training for each type and
   64         caliber of firearm carried in the course of performing
   65         regulated duties; conforming terminology; amending s.
   66         493.6115, F.S.; conforming a cross-reference; revising
   67         the circumstances under which certain licensees may
   68         carry a concealed firearm; revising the conditions
   69         under which the department may issue a temporary Class
   70         “G” license; amending s. 493.6118, F.S.; providing
   71         that failure of a licensee to timely notify his or her
   72         employer of an arrest is grounds for disciplinary
   73         action by the department; requiring the department to
   74         temporarily suspend specified licenses of a licensee
   75         arrested or formally charged with certain crimes until
   76         disposition of the case; requiring the department to
   77         notify a licensee of administrative hearing rights;
   78         specifying that any hearing must be limited to a
   79         determination as to whether the licensee has been
   80         arrested or charged with a disqualifying crime;
   81         providing that the suspension may be lifted under
   82         certain circumstances; requiring the department to
   83         proceed with revocation under certain circumstances;
   84         amending s. 493.6202, F.S.; deleting a specification
   85         that license fees are biennial; amending s. 493.6203,
   86         F.S.; deleting a requirement that certain training be
   87         provided in two parts; amending s. 493.6302, F.S.;
   88         deleting a specification that license fees are
   89         biennial; amending s. 493.6303, F.S.; deleting a
   90         requirement that certain training be provided in two
   91         parts; deleting obsolete provisions; making technical
   92         changes; specifying that re-applicants for a license
   93         expired for 1 year or more are considered initial
   94         applicants and must submit proof of certain training
   95         before issuance of a new license; amending s.
   96         493.6304, F.S.; making technical changes; amending s.
   97         493.6402, F.S.; deleting a specification that license
   98         fees are biennial; amending s. 493.6403, F.S.;
   99         requiring that applicants for Class “E” and “EE”
  100         licenses submit proof of successful completion of
  101         certain training, rather than just completion of such
  102         training; amending s. 501.013, F.S; providing that a
  103         program or facility offered by an organization for the
  104         exclusive use of its employees and their family
  105         members is not subject to certain health studio
  106         regulations; amending s. 501.059, F.S.; removing a
  107         limitation on the length of time for which the
  108         department must place certain persons on a no sales
  109         solicitation list; amending s. 507.04, F.S.; making a
  110         technical change; amending s. 531.37, F.S.; redefining
  111         the term “weights and measures” to exclude taximeters
  112         and transportation measurement systems; amending s.
  113         531.61, F.S.; deleting certain taximeters from
  114         permitting requirements for commercially operated or
  115         tested weights or measures instruments or devices;
  116         repealing s. 531.63(2)(g), F.S.; relating to maximum
  117         permit fees for taximeters; amending s. 534.021, F.S.;
  118         specifying that a detailed drawing, rather than a
  119         facsimile, of a brand must accompany an application
  120         for the recording of certain marks and brands;
  121         amending s. 534.041, F.S.; extending the registration
  122         and renewal period for certain mark or brand
  123         certificates; eliminating a renewal fee; repealing s.
  124         534.061, F.S., relating to the transfer of ownership
  125         of cattle; amending s. 570.07, F.S.; authorizing the
  126         department to perform certain food safety inspection
  127         services relating to raw agricultural commodities;
  128         amending s. 573.118, F.S.; specifying that the
  129         Division of Fruit and Vegetables, rather than the
  130         Division of Marketing and Development, must file a
  131         specified certification; amending s. 590.02, F.S.;
  132         specifying that the department has exclusive authority
  133         to enforce the Florida Building Code as it relates to
  134         Florida Forest Service facilities under the
  135         jurisdiction of the department; amending s. 597.004,
  136         F.S.; authorizing certain saltwater products dealers
  137         to sell certain aquaculture products without
  138         restriction under a specified circumstance; amending
  139         s. 604.16, F.S.; specifying that dealers in
  140         agricultural products who pay by credit card are
  141         exempt from certain dealer requirements; amending s.
  142         790.06, F.S.; revising the requirements to obtain a
  143         license to carry a concealed weapon or firearm;
  144         revising the requirements of the application form;
  145         revising the license fees to obtain or renew such
  146         license; providing an effective date.
  147          
  148  Be It Enacted by the Legislature of the State of Florida:
  149  
  150         Section 1. Subsection (8) of section 288.1175, Florida
  151  Statutes, is amended to read:
  152         288.1175 Agriculture education and promotion facility.—
  153         (8) Applications must be postmarked or electronically
  154  submitted by October 1 of each year. The Department of
  155  Agriculture and Consumer Services may not recommend funding for
  156  less than the requested amount to any applicant certified as an
  157  agriculture education and promotion facility; however, funding
  158  of certified applicants shall be subject to the amount provided
  159  by the Legislature in the General Appropriations Act for this
  160  program.
  161         Section 2. Paragraph (d) is added to subsection (5) of
  162  section 472.003, Florida Statutes, to read:
  163         472.003 Persons not affected by ss. 472.001-472.037.
  164  Sections 472.001-472.037 do not apply to:
  165         (5)
  166         (d) Persons who are under contract with an individual
  167  registered or legal entity certified under this chapter and who
  168  are under the supervision of and subordinate to a person in
  169  responsible charge registered under this chapter, to the extent
  170  that such supervision meets standards adopted by rule by the
  171  board.
  172         Section 3. Subsections (4) and (10) of section 472.005,
  173  Florida Statutes, are amended to read:
  174         472.005 Definitions.—As used in ss. 472.001-472.037:
  175         (4)(a) “Practice of surveying and mapping” means, among
  176  other things, any professional service or work, the adequate
  177  performance of which involves the application of special
  178  knowledge of the principles of mathematics, the related physical
  179  and applied sciences, and the relevant requirements of law for
  180  adequate evidence of the act of measuring, locating,
  181  establishing, or reestablishing lines, angles, elevations,
  182  natural and manmade features in the air, on the surface and
  183  immediate subsurface of the earth, within underground workings,
  184  and on the beds or surface of bodies of water, for the purpose
  185  of determining, establishing, describing, displaying, or
  186  interpreting the facts of size, volume, shape, topography, tidal
  187  datum planes, and legal or geodetic location or relocation, and
  188  orientation of improved or unimproved real property and
  189  appurtenances thereto, including acreage and condominiums.
  190         (b) The practice of surveying and mapping also includes,
  191  but is not limited to, photogrammetric control; orientation of
  192  improved or unimproved real property and appurtenances and
  193  personal property attached thereto, including acreage and
  194  condominiums; the monumentation and remonumentation of property
  195  boundaries and subdivisions; the measurement of and preparation
  196  of plans showing existing improvements after construction; the
  197  layout of proposed improvements; the preparation of descriptions
  198  for use in legal instruments of conveyance of real property and
  199  property rights; the preparation of subdivision planning maps
  200  and record plats, as provided for in chapter 177; the
  201  determination of, but not the design of, grades and elevations
  202  of roads and land in connection with subdivisions or divisions
  203  of land; and the creation and perpetuation of alignments related
  204  to maps, record plats, field note records, reports, property
  205  descriptions, and plans and drawings that represent them.
  206         (10) “Subordinate” means a person an employee who performs
  207  work under the direction, supervision, and responsible charge of
  208  a person who is registered under this chapter.
  209         Section 4. Subsections (2) and (3) of section 472.013,
  210  Florida Statutes, are amended to read:
  211         472.013 Examinations, prerequisites.—
  212         (2) An applicant shall be entitled to take the licensure
  213  examination to practice in this state as a surveyor and mapper
  214  if the applicant is of good moral character and has satisfied
  215  one of the following requirements:
  216         (a) The applicant has received a bachelor’s degree, its
  217  equivalent, or higher in surveying and mapping or a similarly
  218  titled program, including, but not limited to, geomatics,
  219  geomatics engineering, and land surveying, of 4 years or more in
  220  a surveying and mapping degree program from a college or
  221  university recognized by the board and has a specific experience
  222  record of 4 or more years as a subordinate to a professional
  223  surveyor and mapper in the active practice of surveying and
  224  mapping, which experience is of a nature indicating that the
  225  applicant was in responsible charge of the accuracy and
  226  correctness of the surveying and mapping work performed. The
  227  completed surveying and mapping degree of 4 years or more in a
  228  surveying and mapping degree program must have included not
  229  fewer than 32 semester hours of study, or its academic
  230  equivalent, in the science of surveying and mapping or in board
  231  approved surveying-and-mapping-related courses. Work experience
  232  acquired as a part of the education requirement may shall not be
  233  construed as experience in responsible charge.
  234         (b) The applicant has received a bachelor’s degree, its
  235  equivalent, or higher in a is a graduate of a 4-year course of
  236  study, other than in surveying and mapping, at an accredited
  237  college or university and has a specific experience record of 6
  238  or more years as a subordinate to a registered surveyor and
  239  mapper in the active practice of surveying and mapping, 5 years
  240  of which shall be of a nature indicating that the applicant was
  241  in responsible charge of the accuracy and correctness of the
  242  surveying and mapping work performed. The course of study in
  243  disciplines other than surveying and mapping must have included
  244  not fewer than 32 semester hours of study or its academic
  245  equivalent. The applicant must have completed a minimum of 25
  246  semester hours from a college or university approved by the
  247  board in surveying and mapping subjects or in any combination of
  248  courses in civil engineering, surveying, mapping, mathematics,
  249  photogrammetry, forestry, or land law and the physical sciences.
  250  Any of the required 25 semester hours of study completed not as
  251  a part of the bachelor’s degree, its equivalent, or higher may
  252  4-year course of study shall be approved at the discretion of
  253  the board. Work experience acquired as a part of the education
  254  requirement may shall not be construed as experience in
  255  responsible charge.
  256         (3) A person shall be entitled to take an examination for
  257  the purpose of determining whether he or she is qualified to
  258  practice in this state as a surveyor and mapper intern if:
  259         (a)The person is in good standing in, or is a graduate of,
  260  a bachelor degree program, its equivalent or higher, at an
  261  accredited college or university and has obtained a minimum of
  262  25 semester hours in surveying, mapping, mathematics,
  263  photogrammetry, forestry, civil engineering, or land law and the
  264  physical sciences, or any combination thereof; or
  265         (b)The person has obtained, from an accredited college or
  266  university, a minimum of 15 semester hours in surveying,
  267  mapping, mathematics, photogrammetry, forestry, civil
  268  engineering, or land law and the physical sciences, or any
  269  combination thereof, and has a specific surveying and mapping
  270  experience record of 2 or more years as a subordinate to a
  271  registered surveyor and mapper.
  272  
  273  This subsection may not be construed as a substitute for the
  274  degree requirement to take the exams for licensure as outlined
  275  in subsection (2) the person is in the final year, or is a
  276  graduate, of an approved surveying and mapping curriculum in a
  277  school that has been approved by the board.
  278         Section 5. Paragraph (a) of subsection (5) of section
  279  472.015, Florida Statutes, are amended to read:
  280         472.015 Licensure.—
  281         (5)(a) The board shall certify as qualified for a license
  282  by endorsement an applicant who, at the time of application:
  283         1. Holds a valid license to practice surveying and mapping
  284  issued before prior to July 1, 1999, by another state or
  285  territory of the United States; has passed a national, regional,
  286  state, or territorial licensing examination that is
  287  substantially equivalent to the examination required by s.
  288  472.013; and has a specific experience record of at least 8
  289  years as a subordinate to a registered surveyor and mapper in
  290  the active practice of surveying and mapping, 6 years of which
  291  must be of a nature indicating that the applicant was in
  292  responsible charge of the accuracy and correctness of the
  293  surveying and mapping work performed; or
  294         2. Holds a valid license to practice surveying and mapping
  295  issued by another state or territory of the United States if the
  296  criteria for issuance of the license were substantially the same
  297  as the licensure criteria that existed in Florida at the time
  298  the license was issued.; or
  299         3. Is a practicing photogrammetrist who holds the Certified
  300  Photogrammetrist designation of the American Society for
  301  Photogrammetry and Remote Sensing and held such designation on
  302  or before July 1, 2005; is a graduate of a 4-year course of
  303  study at an accredited college or university; and has a specific
  304  experience record of 6 or more years as a subordinate to a
  305  Certified Photogrammetrist of the American Society for
  306  Photogrammetry and Remote Sensing in the active practice of
  307  surveying and mapping, 5 years of which shall be of a nature
  308  indicating that the applicant was in responsible charge of the
  309  accuracy and correctness of the surveying and mapping work
  310  performed. The course of study must have included not fewer than
  311  32 semester hours of study or its academic equivalent. The
  312  applicant must have completed a minimum of 25 semester hours
  313  from a college or university approved by the board in surveying
  314  and mapping subjects or in any combination of courses in civil
  315  engineering, surveying, mapping, mathematics, photogrammetry,
  316  forestry, or land law and the physical sciences. Any of the
  317  required 25 semester hours of study completed not as a part of
  318  the 4-year course of study shall be approved at the discretion
  319  of the board. Work experience acquired as a part of the
  320  education requirement shall not be construed as experience in
  321  responsible charge. The applicant must have applied to the
  322  department for licensure on or before July 1, 2007.
  323         Section 6. Section 472.018, Florida Statutes, is amended to
  324  read:
  325         472.018 Continuing education.—The department may not renew
  326  a license until the licensee submits proof satisfactory to the
  327  board that during the 2 years before her or his application for
  328  renewal the licensee has completed at least 24 hours of
  329  continuing education. The board may provide by rule for
  330  continuing education hours carryover for each renewal cycle not
  331  to exceed 12 hours.
  332         (1) The board shall adopt rules to establish the criteria
  333  and course content for continuing education providers courses.
  334  The rules may provide that up to a maximum of 25 percent of the
  335  required continuing education hours may be fulfilled by the
  336  performance of pro bono services to the indigent or to
  337  underserved populations or in areas of critical need within the
  338  state where the licensee practices. The board must require that
  339  any pro bono services be approved in advance in order to receive
  340  credit for continuing education under this section. The board
  341  shall use the standard recognized by the Federal Poverty Income
  342  Guidelines produced by the United States Department of Health
  343  and Human Services in determining indigency. The board may adopt
  344  rules that may provide that a part of the continuing education
  345  hours may be fulfilled by performing research in critical need
  346  areas or for training leading to advanced professional
  347  certification. The board may adopt rules to define underserved
  348  and critical need areas. The department shall adopt rules for
  349  the administration of continuing education requirements adopted
  350  by the board.
  351         (2) The board may provide by rule the method of delivery
  352  and criteria that distance learning may be used to satisfy
  353  continuing education requirements.
  354         (3) The board may prorate the required continuing education
  355  hours in the following circumstances:
  356         (a) For new licensees:
  357         1. By requiring half of the required continuing education
  358  hours for any applicant who becomes licensed with more than half
  359  the renewal period remaining and no continuing education for any
  360  applicant who becomes licensed with half or less than half of
  361  the renewal period remaining; or
  362         2. Requiring no continuing education hours until the first
  363  full renewal cycle of the licensee.
  364         (b) When the number of hours required is increased by law
  365  or the board.
  366         (4) Upon the request of a licensee, the provider must also
  367  furnish to the department information regarding courses
  368  completed by the licensee, in an electronic format required by
  369  rule of the department.
  370         (5) Each continuing education provider shall retain all
  371  records relating to a licensee’s completion of continuing
  372  education courses for at least 4 years after completion of a
  373  course.
  374         (6) A continuing education provider may not be approved,
  375  and the approval may not be renewed, unless the provider agrees
  376  in writing to provide such cooperation under this section as
  377  required by the department.
  378         (7) For the purpose of determining which persons or
  379  entities must meet the reporting, recordkeeping, and access
  380  provisions of this section, the board by rule shall adopt a
  381  definition of the term “continuing education provider”
  382  applicable to the profession’s continuing education
  383  requirements. The intent of the rule is to ensure that all
  384  records and information necessary to carry out the requirements
  385  of this section are maintained and transmitted accordingly and
  386  to minimize disputes as to what person or entity is responsible
  387  for maintaining and reporting such records and information.
  388         (8) The board shall approve the providers of continuing
  389  education. The approval of continuing education providers and
  390  courses must be for a specified period of time, not to exceed 4
  391  years. An approval that does not include such a time limitation
  392  may remain in effect under this chapter or the rules adopted
  393  under this chapter.
  394         (9) The department may fine, suspend, or revoke approval of
  395  any continuing education provider that fails to comply with its
  396  duties under this section. The fine may not exceed $500 per
  397  violation. Investigations and prosecutions of a provider’s
  398  failure to comply with its duties under this section shall be
  399  conducted pursuant to s. 472.033.
  400         (10) The board shall issue an order requiring a person or
  401  entity to cease and desist from offering any continuing
  402  education programs for licensees, and fining, suspending, or
  403  revoking any approval of the provider previously granted by the
  404  board if the board determines that the person or entity failed
  405  to provide appropriate continuing education services that
  406  conform to approved course material. The fine may not exceed
  407  $500 per violation. Investigations and prosecutions of a
  408  provider’s failure to comply with its duties under this section
  409  shall be conducted under s. 472.033.
  410         (11) The board may establish, by rule, a fee not to exceed
  411  $250 for anyone seeking approval to provide continuing education
  412  courses and may establish, by rule, a biennial fee not to exceed
  413  $250 for the renewal of providership of such courses. Such
  414  postlicensure education courses are subject to the reporting,
  415  monitoring, and compliance provisions of this section.
  416         (12) The department and the board may adopt rules under ss.
  417  120.536(1) and 120.54 to administer this section.
  418         (13) Each continuing education provider shall provide to
  419  the department, in an electronic format determined by the
  420  department, information regarding the continuing education
  421  status of licensees which the department determines is necessary
  422  to carry out its duties under this chapter. After a licensee
  423  completes a course, the information must be submitted
  424  electronically by the continuing education provider to the
  425  department within 30 calendar days after completion. However,
  426  beginning on the 30th day before the renewal deadline or before
  427  the renewal date, whichever occurs sooner, the continuing
  428  education provider shall electronically report such information
  429  to the department within 10 business days after completion.
  430         (14) The department shall establish a system to monitor
  431  licensee compliance with continuing education requirements and
  432  to determine the continuing education status of each licensee.
  433  As used in this subsection, the term “monitor” means the act of
  434  determining, for each licensee, whether the licensee is in full
  435  compliance with applicable continuing education requirements as
  436  of the date of the licensee’s application for license renewal.
  437         (15) The department may refuse to renew a license until the
  438  licensee has satisfied all applicable continuing education
  439  requirements. This subsection does not preclude the department
  440  or board from imposing additional penalties pursuant to this
  441  chapter or rules adopted pursuant this chapter.
  442         Section 7. Subsection (1) of section 472.025, Florida
  443  Statutes, is amended to read:
  444         472.025 Seals.—
  445         (1) The board shall adopt, by rule, a form of seal to be
  446  used by all registrants holding valid certificates of
  447  registration, whether the registrants are corporations,
  448  partnerships, or individuals. Each registrant shall obtain a an
  449  impression-type metal seal in that form; and all final drawings,
  450  plans, specifications, plats, or reports prepared or issued by
  451  the registrant in accordance with the standards of practice
  452  established by the board shall be signed by the registrant,
  453  dated, and stamped with his or her seal. This signature, date,
  454  and seal shall be evidence of the authenticity of that to which
  455  they are affixed. Each registrant may in addition register his
  456  or her seal electronically in accordance with ss. 668.001
  457  668.006. Drawings, plans, specifications, reports, or documents
  458  prepared or issued by a registrant may be transmitted
  459  electronically and may be signed by the registrant, dated, and
  460  stamped electronically with such seal in accordance with ss.
  461  668.001-668.006.
  462         Section 8. Subsection (2) of section 472.0366, Florida
  463  Statutes, is amended to read:
  464         472.0366 Elevation certificates; requirements for surveyors
  465  and mappers.—
  466         (2) Beginning January 1, 2017, a surveyor and mapper shall,
  467  within 30 days after completion, submit to the division a copy
  468  of each elevation certificate that he or she completes. The copy
  469  must be unaltered, except that the surveyor and mapper may
  470  redact the name of the property owner. The copy need not be
  471  signed and sealed when submitted to the division; however, an
  472  original signed and sealed copy must be retained in the surveyor
  473  and mapper’s records as prescribed by rule of the board.
  474         Section 9. Section 487.2041, Florida Statutes, is amended
  475  to read:
  476         487.2041 Enforcement of federal worker protection
  477  regulations.—The department shall, to the extent that resources
  478  are available, continue to operate under the United States
  479  Environmental Protection Agency regulations regarding the
  480  Labeling Requirement for Pesticides and Devices, 40 C.F.R. part
  481  156, and the Worker Protection Standard, 40 C.F.R. part 170,
  482  which the department shall adopt adopted by rule during the
  483  1995-1996 fiscal year and published in the Florida
  484  Administrative Code. Any provision of this part not preempted by
  485  federal law shall continue to apply.
  486         Section 10. Subsection (13) of section 493.6101, Florida
  487  Statutes, is amended to read:
  488         493.6101 Definitions.—
  489         (13) “Manager” means any licensee who directs the
  490  activities of licensees at any agency or branch office. The
  491  manager shall be assigned to and shall primarily operate from
  492  the agency or branch office location for which he or she has
  493  been designated as manager. The manager of a private
  494  investigative agency may, however, manage up to three offices
  495  within a 150-mile radius of the location listed on the agency’s
  496  Class “A” license, provided that these three offices consist of
  497  either:
  498         (a)The location listed on the agency’s Class “A” license
  499  and up two branch offices; or
  500         (b)Up to three branch offices.
  501         Section 11. Paragraph (j) of subsection (3) and paragraph
  502  (a) of subsection (6) of section 493.6105, Florida Statutes, are
  503  amended to read:
  504         493.6105 Initial application for license.—
  505         (3) The application must contain the following information
  506  concerning the individual signing the application:
  507         (j) A full set of fingerprints, a fingerprint processing
  508  fee, and a fingerprint retention fee. The fingerprint processing
  509  and retention fees shall be established by rule of the
  510  department based upon costs determined by state and federal
  511  agency charges and department processing costs, which must
  512  include the cost of retaining the fingerprints in the statewide
  513  automated biometric identification system established in s.
  514  943.05(2)(b) and the cost of enrolling the fingerprints in the
  515  national retained print arrest notification program as required
  516  under s. 493.6108. An applicant who has, within the immediately
  517  preceding 6 months, submitted such fingerprints and fees for
  518  licensing purposes under this chapter and who still holds a
  519  valid license is not required to submit another set of
  520  fingerprints or another fingerprint processing fee. An applicant
  521  who holds multiple licenses issued under this chapter is
  522  required to pay only a single fingerprint retention fee.
  523  Partners and corporate officers who do not possess licenses
  524  subject to renewal under s. 493.6113 are exempt from the
  525  fingerprint retention requirements of this chapter.
  526         (6) In addition to the requirements under subsection (3),
  527  an applicant for a Class “K” license must:
  528         (a) Submit one of the following:
  529         1. The Florida Criminal Justice Standards and Training
  530  Commission Instructor Certificate and written confirmation by
  531  the commission that the applicant possesses an active firearms
  532  certification.
  533         2. A valid The National Rifle Association Private Security
  534  Firearm Instructor Certificate issued not more than 3 years
  535  before the submission of the applicant’s Class “K” application.
  536         3. A valid firearms instructor certificate issued by a
  537  federal law enforcement agency not more than 3 years before the
  538  submission of the applicant’s Class “K” application.
  539         Section 12. Subsection (1) of section 493.6107, Florida
  540  Statutes, is amended to read:
  541         493.6107 Fees.—
  542         (1) The department shall establish by rule examination and
  543  biennial license fees, which shall not to exceed the following:
  544         (a) Class “M” license—manager Class “AB” agency: $75.
  545         (b) Class “G” license—statewide firearm license: $150.
  546         (c) Class “K” license—firearms instructor: $100.
  547         (d) Fee for the examination for firearms instructor: $75.
  548         Section 13. Subsections (3) and (5) of section 493.6108,
  549  Florida Statutes, are amended to read:
  550         493.6108 Investigation of applicants by Department of
  551  Agriculture and Consumer Services.—
  552         (3) The department must also investigate the mental history
  553  and current mental and emotional fitness of any Class “G” or
  554  Class “K” applicant and may deny a Class “G” or Class “K”
  555  license to anyone who has a history of mental illness or drug or
  556  alcohol abuse. Notwithstanding s. 790.065(2)(a)4.f., the
  557  Department of Law Enforcement may, for the limited purpose of
  558  determining eligibility of Class “G” or Class “K” applicants and
  559  licensees under this chapter, provide the department with mental
  560  health and substance abuse data of individuals who are
  561  prohibited from purchasing a firearm.
  562         (5) A person licensed under this chapter must notify his or
  563  her employer within 3 calendar days if he or she is arrested for
  564  any offense. If the department receives information about an
  565  arrest within the state of a person who holds a valid license
  566  issued under this chapter for a crime that could potentially
  567  disqualify the person from holding such a license, the
  568  department must provide the arrest information to the agency
  569  that employs the licensee.
  570         Section 14. Section 493.6112, Florida Statutes, is amended
  571  to read:
  572         493.6112 Notification to Department of Agriculture and
  573  Consumer Services of changes of partner or officer or
  574  employees.—
  575         (1) After filing the application, unless the department
  576  declines to issue the license or revokes it after issuance, an
  577  agency or school shall, within 5 working days of the withdrawal,
  578  removal, replacement, or addition of any or all partners or
  579  officers, notify and file with the department complete
  580  applications for such individuals. The agency’s or school’s good
  581  standing under this chapter shall be contingent upon the
  582  department’s approval of any new partner or officer.
  583         (2) Each agency or school shall, upon the employment or
  584  termination of employment of a licensee, report such employment
  585  or termination within 15 calendar days immediately to the
  586  department and, in the case of a termination, report the reason
  587  or reasons therefor. The report shall be submitted
  588  electronically in a manner on a form prescribed by the
  589  department.
  590         Section 15. Paragraph (b) of subsection (3) of section
  591  493.6113, Florida Statutes, is amended to read:
  592         493.6113 Renewal application for licensure.—
  593         (3) Each licensee is responsible for renewing his or her
  594  license on or before its expiration by filing with the
  595  department an application for renewal accompanied by payment of
  596  the renewal fee and the fingerprint retention fee to cover the
  597  cost of ongoing retention in the statewide automated biometric
  598  identification system established in s. 943.05(2)(b). Upon the
  599  first renewal of a license issued under this chapter before
  600  January 1, 2017, the licensee shall submit a full set of
  601  fingerprints and fingerprint processing fees to cover the cost
  602  of entering the fingerprints into the statewide automated
  603  biometric identification system pursuant to s. 493.6108(4)(a)
  604  and the cost of enrollment in the Federal Bureau of
  605  Investigation’s national retained print arrest notification
  606  program. Subsequent renewals may be completed without submission
  607  of a new set of fingerprints.
  608         (b) Each Class “G” licensee shall additionally submit proof
  609  that he or she has received during each year of the license
  610  period a minimum of 4 hours of firearms requalification
  611  recertification training taught by a Class “K” licensee and has
  612  complied with such other health and training requirements that
  613  the department shall adopt by rule. Proof of completion of
  614  firearms requalification recertification training shall be
  615  submitted to the department upon completion of the training. A
  616  Class “G” licensee must successfully complete this
  617  requalification training for each type and caliber of firearm
  618  carried in the course of performing his or her regulated duties.
  619  If the licensee fails to complete the required 4 hours of annual
  620  training during the first year of the 2-year term of the
  621  license, the license shall be automatically suspended. The
  622  licensee must complete the minimum number of hours of range and
  623  classroom training required at the time of initial licensure and
  624  submit proof of completion of such training to the department
  625  before the license may be reinstated. If the licensee fails to
  626  complete the required 4 hours of annual training during the
  627  second year of the 2-year term of the license, the licensee must
  628  complete the minimum number of hours of range and classroom
  629  training required at the time of initial licensure and submit
  630  proof of completion of such training to the department before
  631  the license may be renewed. The department may waive the
  632  firearms training requirement if:
  633         1. The applicant provides proof that he or she is currently
  634  certified as a law enforcement officer or correctional officer
  635  under the Criminal Justice Standards and Training Commission and
  636  has completed law enforcement firearms requalification training
  637  annually during the previous 2 years of the licensure period;
  638         2. The applicant provides proof that he or she is currently
  639  certified as a federal law enforcement officer and has received
  640  law enforcement firearms training administered by a federal law
  641  enforcement agency annually during the previous 2 years of the
  642  licensure period; or
  643         3. The applicant submits a valid firearm certificate among
  644  those specified in s. 493.6105(6)(a) and provides proof of
  645  having completed requalification training during the previous 2
  646  years of the licensure period.
  647         Section 16. Subsection (4) of section 493.6115, Florida
  648  Statutes, is amended, present paragraphs (b), (c), and (d) of
  649  subsection (12) of that section are redesignated as paragraphs
  650  (c), (d), and (e), respectively, and a new paragraph (b) is
  651  added to that subsection, to read:
  652         493.6115 Weapons and firearms.—
  653         (4) A Class “C” or Class “CC” licensee who is 21 years of
  654  age or older and who has also been issued a Class “G” license
  655  may carry, in the performance of her or his duties, a concealed
  656  firearm. A Class “D” licensee who is 21 years of age or older
  657  and who has also been issued a Class “G” license may carry a
  658  concealed firearm in the performance of her or his duties under
  659  the conditions specified in s. 493.6305(3) or (4) 493.6305(2).
  660  The Class “G” license must shall clearly indicate such
  661  authority. The authority of any such licensee to carry a
  662  concealed firearm is shall be valid in any location throughout
  663  the state, in any location, while performing services within the
  664  scope of the license.
  665         (12) The department may issue a temporary Class “G”
  666  license, on a case-by-case basis, if:
  667         (b) The department has reviewed the mental health and
  668  substance abuse data provided by the Department of Law
  669  Enforcement as authorized in s. 493.6108(3) and has determined
  670  the applicant is not prohibited from licensure based upon this
  671  data.
  672         Section 17. Subsection (1) of section 493.6118, Florida
  673  Statutes, is amended, and subsections (8) and (9) are added to
  674  that section, to read:
  675         493.6118 Grounds for disciplinary action.—
  676         (1) The following constitute grounds for which disciplinary
  677  action specified in subsection (2) may be taken by the
  678  department against any licensee, agency, or applicant regulated
  679  by this chapter, or any unlicensed person engaged in activities
  680  regulated under this chapter:.
  681         (a) Fraud or willful misrepresentation in applying for or
  682  obtaining a license.
  683         (b) Use of any fictitious or assumed name by an agency
  684  unless the agency has department approval and qualifies under s.
  685  865.09.
  686         (c) Being found guilty of or entering a plea of guilty or
  687  nolo contendere to, regardless of adjudication, or being
  688  convicted of a crime that directly relates to the business for
  689  which the license is held or sought. A plea of nolo contendere
  690  shall create a rebuttable presumption of guilt to the underlying
  691  criminal charges, and the department shall allow the individual
  692  being disciplined or denied an application for a license to
  693  present any mitigating circumstances surrounding his or her
  694  plea.
  695         (d) A false statement by the licensee that any individual
  696  is or has been in his or her employ.
  697         (e) A finding that the licensee or any employee is guilty
  698  of willful betrayal of a professional secret or any unauthorized
  699  release of information acquired as a result of activities
  700  regulated under this chapter.
  701         (f) Proof that the applicant or licensee is guilty of fraud
  702  or deceit, or of negligence, incompetency, or misconduct, in the
  703  practice of the activities regulated under this chapter.
  704         (g) Conducting activities regulated under this chapter
  705  without a license or with a revoked or suspended license.
  706         (h) Failure of the licensee to maintain in full force and
  707  effect the commercial general liability insurance coverage
  708  required by s. 493.6110.
  709         (i) Impersonating, or permitting or aiding and abetting an
  710  employee to impersonate, a law enforcement officer or an
  711  employee of the state, the United States, or any political
  712  subdivision thereof by identifying himself or herself as a
  713  federal, state, county, or municipal law enforcement officer or
  714  official representative, by wearing a uniform or presenting or
  715  displaying a badge or credentials that would cause a reasonable
  716  person to believe that he or she is a law enforcement officer or
  717  that he or she has official authority, by displaying any
  718  flashing or warning vehicular lights other than amber colored,
  719  or by committing any act that is intended to falsely convey
  720  official status.
  721         (j) Commission of an act of violence or the use of force on
  722  any person except in the lawful protection of one’s self or
  723  another from physical harm.
  724         (k) Knowingly violating, advising, encouraging, or
  725  assisting the violation of any statute, court order, capias,
  726  warrant, injunction, or cease and desist order, in the course of
  727  business regulated under this chapter.
  728         (l) Soliciting business for an attorney in return for
  729  compensation.
  730         (m) Transferring or attempting to transfer a license issued
  731  pursuant to this chapter.
  732         (n) Employing or contracting with any unlicensed or
  733  improperly licensed person or agency to conduct activities
  734  regulated under this chapter, or performing any act that
  735  assists, aids, or abets a person or business entity in engaging
  736  in unlicensed activity, when the licensure status was known or
  737  could have been ascertained by reasonable inquiry.
  738         (o) Failure or refusal to cooperate with or refusal of
  739  access to an authorized representative of the department engaged
  740  in an official investigation pursuant to this chapter.
  741         (p) Failure of any partner, principal corporate officer, or
  742  licensee to have his or her identification card in his or her
  743  possession while on duty.
  744         (q) Failure of any licensee to have his or her license in
  745  his or her possession while on duty, as specified in s.
  746  493.6111(1).
  747         (r) Failure or refusal by a sponsor to certify a biannual
  748  written report on an intern or to certify completion or
  749  termination of an internship to the department within 15 working
  750  days.
  751         (s) Failure to report to the department any person whom the
  752  licensee knows to be in violation of this chapter or the rules
  753  of the department.
  754         (t) Violating any provision of this chapter.
  755         (u) For a Class “G” licensee, failing to timely complete
  756  requalification recertification training as required in s.
  757  493.6113(3)(b).
  758         (v) For a Class “K” licensee, failing to maintain active
  759  certification specified under s. 493.6105(6).
  760         (w) For a Class “G” or a Class “K” applicant or licensee,
  761  being prohibited from purchasing or possessing a firearm by
  762  state or federal law.
  763         (x) In addition to the grounds for disciplinary action
  764  prescribed in paragraphs (a)-(t), Class “R” recovery agencies,
  765  Class “E” recovery agents, and Class “EE” recovery agent interns
  766  are prohibited from committing the following acts:
  767         1. Recovering a motor vehicle, mobile home, motorboat,
  768  aircraft, personal watercraft, all-terrain vehicle, farm
  769  equipment, or industrial equipment that has been sold under a
  770  conditional sales agreement or under the terms of a chattel
  771  mortgage before authorization has been received from the legal
  772  owner or mortgagee.
  773         2. Charging for expenses not actually incurred in
  774  connection with the recovery, transportation, storage, or
  775  disposal of repossessed property or personal property obtained
  776  in a repossession.
  777         3. Using any repossessed property or personal property
  778  obtained in a repossession for the personal benefit of a
  779  licensee or an officer, director, partner, manager, or employee
  780  of a licensee.
  781         4. Selling property recovered under the provisions of this
  782  chapter, except with written authorization from the legal owner
  783  or the mortgagee thereof.
  784         5. Failing to notify the police or sheriff’s department of
  785  the jurisdiction in which the repossessed property is recovered
  786  within 2 hours after recovery.
  787         6. Failing to remit moneys collected in lieu of recovery of
  788  a motor vehicle, mobile home, motorboat, aircraft, personal
  789  watercraft, all-terrain vehicle, farm equipment, or industrial
  790  equipment to the client within 10 working days.
  791         7. Failing to deliver to the client a negotiable instrument
  792  that is payable to the client, within 10 working days after
  793  receipt of such instrument.
  794         8. Falsifying, altering, or failing to maintain any
  795  required inventory or records regarding disposal of personal
  796  property contained in or on repossessed property pursuant to s.
  797  493.6404(1).
  798         9. Carrying any weapon or firearm when he or she is on
  799  private property and performing duties under his or her license
  800  whether or not he or she is licensed pursuant to s. 790.06.
  801         10. Soliciting from the legal owner the recovery of
  802  property subject to repossession after such property has been
  803  seen or located on public or private property if the amount
  804  charged or requested for such recovery is more than the amount
  805  normally charged for such a recovery.
  806         11. Wearing, presenting, or displaying a badge in the
  807  course of performing a repossession regulated by this chapter.
  808         (y) Installation of a tracking device or tracking
  809  application in violation of s. 934.425.
  810         (z) Failure of any licensee to notify his or her employer
  811  within 3 calendar days if he or she is arrested for any offense.
  812         (8)(a)Upon notification by a law enforcement agency, a
  813  court, or the Department of Law Enforcement and upon subsequent
  814  written verification, the department shall temporarily suspend a
  815  Class “G” or Class “K” license if the licensee is arrested or
  816  charged with a firearms-related crime that would disqualify such
  817  person from licensure under this chapter. The department shall
  818  notify the licensee suspended under this section of his or her
  819  right to a hearing pursuant to chapter 120. A hearing conducted
  820  regarding this temporary suspension must be for the limited
  821  purpose of determining whether the licensee has been arrested or
  822  charged with a disqualifying firearms-related crime.
  823         (b)If the criminal case results in a nondisqualifying
  824  disposition, the department shall issue an order lifting the
  825  suspension upon the licensee’s submission of a certified copy of
  826  the final resolution.
  827         (c)If the criminal case results in a disqualifying
  828  disposition, the suspension remains in effect and the department
  829  shall proceed with revocation proceedings pursuant to chapter
  830  120.
  831         (9)(a)Upon notification by a law enforcement agency, a
  832  court, or the Department of Law Enforcement and upon subsequent
  833  written verification, the department shall temporarily suspend a
  834  license if the licensee is arrested or charged with a forcible
  835  felony as defined in s. 776.08. The department shall notify the
  836  licensee suspended under this section of his or her right to a
  837  hearing pursuant to chapter 120. A hearing conducted regarding
  838  this temporary suspension must be for the limited purpose of
  839  determining whether the licensee has been arrested or charged
  840  with a forcible felony.
  841         (b)If the criminal case results in a nondisqualifying
  842  disposition, the department shall issue an order lifting the
  843  suspension upon the licensee’s submission to the department of a
  844  certified copy of the final resolution.
  845         (c)If criminal case results in a disqualifying
  846  disposition, the suspension remains in effect and the department
  847  shall proceed with revocation proceedings pursuant to chapter
  848  120.
  849         Section 18. Subsection (1) of section 493.6202, Florida
  850  Statutes, is amended to read:
  851         493.6202 Fees.—
  852         (1) The department shall establish by rule examination and
  853  biennial license fees, which shall not to exceed the following:
  854         (a) Class “A” license—private investigative agency: $450.
  855         (b) Class “AA” or “AB” license—branch office: $125.
  856         (c) Class “MA” license—private investigative agency
  857  manager: $75.
  858         (d) Class “C” license—private investigator: $75.
  859         (e) Class “CC” license—private investigator intern: $60.
  860         Section 19. Subsection (5) and paragraphs (b) and (c) of
  861  subsection (6) of section 493.6203, Florida Statutes, are
  862  amended to read:
  863         493.6203 License requirements.—In addition to the license
  864  requirements set forth elsewhere in this chapter, each
  865  individual or agency shall comply with the following additional
  866  requirements:
  867         (5) Effective January 1, 2008, An applicant for a Class
  868  “MA,” Class “M,” or Class “C” license must pass an examination
  869  that covers the provisions of this chapter and is administered
  870  by the department or by a provider approved by the department.
  871  The applicant must pass the examination before applying for
  872  licensure and must submit proof with the license application on
  873  a form approved by rule of the department that he or she has
  874  passed the examination. The administrator of the examination
  875  shall verify the identity of each applicant taking the
  876  examination.
  877         (a) The examination requirement in this subsection does not
  878  apply to an individual who holds a valid Class “CC,” Class “C,”
  879  Class “MA,” or Class “M” license.
  880         (b) Notwithstanding the exemption provided in paragraph
  881  (a), if the license of an applicant for relicensure has been
  882  invalid for more than 1 year, the applicant must take and pass
  883  the examination.
  884         (c) The department shall establish by rule the content of
  885  the examination, the manner and procedure of its administration,
  886  and an examination fee that may not exceed $100.
  887         (6)
  888         (b) Effective January 1, 2012, Before submission of an
  889  application to the department, the applicant for a Class “CC”
  890  license must have completed a minimum of 40 hours of
  891  professional training pertaining to general investigative
  892  techniques and this chapter, which course is offered by a state
  893  university or by a school, community college, college, or
  894  university under the purview of the Department of Education, and
  895  the applicant must pass an examination. The training must be
  896  provided in two parts, one 24-hour course and one 16-hour
  897  course. The certificate evidencing satisfactory completion of
  898  the 40 hours of professional training must be submitted with the
  899  application for a Class “CC” license. The training specified in
  900  this paragraph may be provided by face-to-face presentation,
  901  online technology, or a home study course in accordance with
  902  rules and procedures of the Department of Education. The
  903  administrator of the examination must verify the identity of
  904  each applicant taking the examination.
  905         1. Upon an applicant’s successful completion of each part
  906  of the approved training and passage of any required
  907  examination, the school, community college, college, or
  908  university shall issue a certificate of completion to the
  909  applicant. The certificates must be on a form established by
  910  rule of the department.
  911         2. The department shall establish by rule the general
  912  content of the professional training and the examination
  913  criteria.
  914         3. If the license of an applicant for relicensure is
  915  invalid for more than 1 year, the applicant must complete the
  916  required training and pass any required examination.
  917         (c) An individual who submits an application for a Class
  918  “CC” license on or after September 1, 2008, through December 31,
  919  2011, who has not completed the 16-hour course must submit proof
  920  of successful completion of the course within 180 days after the
  921  date the application is submitted. If documentation of
  922  completion of the required training is not submitted by that
  923  date, the individual’s license shall be automatically suspended
  924  until proof of the required training is submitted to the
  925  department. An individual licensed on or before August 31, 2008,
  926  is not required to complete additional training hours in order
  927  to renew an active license beyond the total required hours, and
  928  the timeframe for completion in effect at the time he or she was
  929  licensed applies.
  930         Section 20. Subsection (1) of section 493.6302, Florida
  931  Statutes, is amended to read:
  932         493.6302 Fees.—
  933         (1) The department shall establish by rule biennial license
  934  fees, which shall not to exceed the following:
  935         (a) Class “B” license—security agency: $450.
  936         (b) Class “BB” or Class “AB” license—branch office: $125.
  937         (c) Class “MB” license—security agency manager: $75.
  938         (d) Class “D” license—security officer: $45.
  939         (e) Class “DS” license—security officer school or training
  940  facility: $60.
  941         (f) Class “DI” license—security officer school or training
  942  facility instructor: $60.
  943         Section 21. Subsection (4) of section 493.6303, Florida
  944  Statutes, is amended to read:
  945         493.6303 License requirements.—In addition to the license
  946  requirements set forth elsewhere in this chapter, each
  947  individual or agency must comply with the following additional
  948  requirements:
  949         (4)(a) Effective January 1, 2012, An applicant for a Class
  950  “D” license must submit proof of successful completion of a
  951  minimum of 40 hours of professional training at a school or
  952  training facility licensed by the department. The training must
  953  be provided in two parts, one 24-hour course and one 16-hour
  954  course. The department shall by rule establish the general
  955  content and number of hours of each subject area to be taught.
  956         (b) An individual who submits an application for a Class
  957  “D” license on or after January 1, 2007, through December 31,
  958  2011, who has not completed the 16-hour course must submit proof
  959  of successful completion of the course within 180 days after the
  960  date the application is submitted. If documentation of
  961  completion of the required training is not submitted by that
  962  date, the individual’s license shall be automatically suspended
  963  until proof of the required training is submitted to the
  964  department. A person licensed before January 1, 2007, is not
  965  required to complete additional training hours in order to renew
  966  an active license beyond the total required hours, and the
  967  timeframe for completion in effect at the time he or she was
  968  licensed applies.
  969         (c) Upon reapplication for a license, an individual whose
  970  license has been is suspended or revoked pursuant to paragraph
  971  (b), or is expired for at least 1 year or more, is considered,
  972  upon reapplication for a license, an initial applicant and must
  973  submit proof of successful completion of 40 hours of
  974  professional training at a school or training facility licensed
  975  by the department as provided in paragraph (a) before a license
  976  is issued.
  977         Section 22. Subsection (1) of section 493.6304, Florida
  978  Statutes, is amended to read:
  979         493.6304 Security officer school or training facility.—
  980         (1) Any school, training facility, or instructor who offers
  981  the training specified outlined in s. 493.6303(4) for Class “D”
  982  applicants shall, before licensure of such school, training
  983  facility, or instructor, file with the department an application
  984  accompanied by an application fee in an amount to be determined
  985  by rule, not to exceed $60. The fee is shall not be refundable.
  986         Section 23. Subsection (1) of section 493.6402, Florida
  987  Statutes, is amended to read:
  988         493.6402 Fees.—
  989         (1) The department shall establish by rule biennial license
  990  fees, that shall not to exceed the following:
  991         (a) Class “R” license—recovery agency: $450.
  992         (b) Class “RR” license—branch office: $125.
  993         (c) Class “MR” license—recovery agency manager: $75.
  994         (d) Class “E” license—recovery agent: $75.
  995         (e) Class “EE” license—recovery agent intern: $60.
  996         (f) Class “RS” license—recovery agent school or training
  997  facility: $60.
  998         (g) Class “RI” license—recovery agent school or training
  999  facility instructor: $60.
 1000         Section 24. Subsection (2) of section 493.6403, Florida
 1001  Statutes, is amended to read:
 1002         493.6403 License requirements.—
 1003         (2) Beginning October 1, 1994, An applicant for a Class “E”
 1004  or a Class “EE” license must submit proof of successful
 1005  completion have completed a minimum of 40 hours of professional
 1006  training at a school or training facility licensed by the
 1007  department. The department shall by rule establish the general
 1008  content for the training.
 1009         Section 25. Subsection (6) is added to section 501.013,
 1010  Florida Statutes, to read:
 1011         501.013 Health studios; exemptions.—The following
 1012  businesses or activities may be declared exempt from the
 1013  provisions of ss. 501.012-501.019 upon the filing of an
 1014  affidavit with the department establishing that the stated
 1015  qualifications are met:
 1016         (6) A program or facility offered by an organization for
 1017  the exclusive use of its employees and their family members.
 1018         Section 26. Paragraph (a) of subsection (3) of section
 1019  501.059, Florida Statutes, is amended to read:
 1020         501.059 Telephone solicitation.—
 1021         (3)(a) If any residential, mobile, or telephonic paging
 1022  device telephone subscriber notifies the department of his or
 1023  her desire to be placed on a “no sales solicitation calls”
 1024  listing indicating that the subscriber does not wish to receive
 1025  unsolicited telephonic sales calls, the department shall place
 1026  the subscriber on that listing for 5 years.
 1027         Section 27. Paragraph (a) of subsection (1) and subsection
 1028  (3) of section 507.04, Florida Statutes, are amended to read:
 1029         507.04 Required insurance coverages; liability limitations;
 1030  valuation coverage.—
 1031         (1) LIABILITY INSURANCE.—
 1032         (a)1. Except as provided in paragraph (b), each mover
 1033  operating in this state must maintain current and valid
 1034  liability insurance coverage of at least $10,000 per shipment
 1035  for the loss or damage of household goods resulting from the
 1036  negligence of the mover or its employees or agents.
 1037         2. The mover must provide the department with evidence of
 1038  liability insurance coverage before the mover is registered with
 1039  the department under s. 507.03. All insurance coverage
 1040  maintained by a mover must remain in effect throughout the
 1041  mover’s registration period. A mover’s failure to maintain
 1042  insurance coverage in accordance with this paragraph constitutes
 1043  an immediate threat to the public health, safety, and welfare.
 1044  If a mover fails to maintain insurance coverage, the department
 1045  may immediately suspend the mover’s registration or eligibility
 1046  for registration, and the mover must immediately cease operating
 1047  as a mover in this state. In addition, and notwithstanding the
 1048  availability of any administrative relief pursuant to chapter
 1049  120, the department may seek from the appropriate circuit court
 1050  an immediate injunction prohibiting the mover from operating in
 1051  this state until the mover complies with this paragraph, a civil
 1052  penalty not to exceed $5,000, and court costs.
 1053         (3) INSURANCE COVERAGES.—The insurance coverages required
 1054  under paragraph (1)(a) and subsection (2) must be issued by an
 1055  insurance company or carrier licensed to transact business in
 1056  this state under the Florida Insurance Code as designated in s.
 1057  624.01. The department shall require a mover to present a
 1058  certificate of insurance of the required coverages before
 1059  issuance or renewal of a registration certificate under s.
 1060  507.03. The department shall be named as a certificateholder in
 1061  the certificate and must be notified at least 10 days before
 1062  cancellation of insurance coverage. If a mover fails to maintain
 1063  insurance coverage, the department may immediately suspend the
 1064  mover’s registration or eligibility for registration, and the
 1065  mover must immediately cease operating as a mover in this state.
 1066  In addition, and notwithstanding the availability of any
 1067  administrative relief pursuant to chapter 120, the department
 1068  may seek from the appropriate circuit court an immediate
 1069  injunction prohibiting the mover from operating in this state
 1070  until the mover complies with this section, a civil penalty not
 1071  to exceed $5,000, and court costs.
 1072         Section 28. Subsection (1) of section 531.37, Florida
 1073  Statutes, is amended to read:
 1074         531.37 Definitions.—As used in this chapter:
 1075         (1) “Weights and measures” means all weights and measures
 1076  of every kind, instruments, and devices for weighing and
 1077  measuring, and any appliance and accessories associated with any
 1078  or all such instruments and devices, excluding taximeters,
 1079  transportation measurement systems, and those weights and
 1080  measures used for the purpose of inspecting the accuracy of
 1081  devices used in conjunction with aviation fuel.
 1082         Section 29. Section 531.61, Florida Statutes, is amended to
 1083  read:
 1084         531.61 Exemptions from permit requirement.—Commercial
 1085  weights or measures instruments or devices are exempt from the
 1086  requirements of ss. 531.60-531.66 if:
 1087         (1) The device is a taximeter that is licensed, permitted,
 1088  or registered by a municipality, county, or other local
 1089  government and is tested for accuracy and compliance with state
 1090  standards by the local government in cooperation with the state
 1091  as authorized in s. 531.421.
 1092         (2) The device is used exclusively for weighing railroad
 1093  cars and is tested for accuracy and compliance with state
 1094  standards by a private testing agency.
 1095         (2)(3) The device is used exclusively for measuring
 1096  aviation fuel or petroleum products inspected under chapter 525.
 1097         Section 30. Paragraph (g) of subsection (2) of section
 1098  531.63, Florida Statutes, is repealed.
 1099         Section 31. Section 534.021, Florida Statutes, is amended
 1100  to read:
 1101         534.021 Recording of marks or brands.—The department shall
 1102  be the recorder of livestock marks or brands, and the marks or
 1103  brands may not be recorded elsewhere in the state. Any livestock
 1104  owner who uses a mark or brand to identify her or his livestock
 1105  must register the mark or brand by applying to the department.
 1106  The application must be made on a form prescribed by the
 1107  department and must be accompanied by a detailed drawing
 1108  facsimile of the brand applied for and a statement identifying
 1109  the county in which the applicant has or expects to have
 1110  livestock bearing the mark or brand to be recorded. The
 1111  department shall, upon its satisfaction that the application
 1112  meets the requirements of this chapter, record the mark or brand
 1113  for exclusive statewide use by the applicant. If an application
 1114  is made to record a mark or brand previously recorded, the
 1115  department shall determine whether the county in which the mark
 1116  or brand will be used is near enough to another county in which
 1117  the previously recorded mark or brand is used to cause confusion
 1118  or to aid theft or dishonesty, and if so, the department must
 1119  decline to admit to record the mark or brand. If a conflict
 1120  arises between the owner of any recorded mark or brand and
 1121  another claiming the right to record the same mark or brand, the
 1122  department must give preference to the present owner. The
 1123  department shall charge and collect at the time of recording a
 1124  fee of $10 for each mark or brand. A person may not use any mark
 1125  or brand to which another has a prior right of record. It is
 1126  unlawful to brand any animal with a brand not registered with
 1127  the department.
 1128         Section 32. Section 534.041, Florida Statutes, is amended
 1129  to read:
 1130         534.041 Renewal of certificate of mark or brand.—The
 1131  registration of a mark or brand entitles the registered owner to
 1132  exclusive ownership and use of the mark or brand for a period
 1133  ending at midnight on the last day of the month 10 5 years from
 1134  the date of registration. Upon application, registration may be
 1135  renewed, upon application and payment of a renewal fee of $5,
 1136  for successive 10-year 5-year periods, each ending at midnight
 1137  on the last day of the month 10 5 years from the date of
 1138  renewal. At least 60 days before prior to the expiration of a
 1139  registration, the department shall notify by letter the
 1140  registered owner of the mark or brand that, upon application for
 1141  renewal and payment of the renewal fee, the department will
 1142  issue a renewal certificate granting the registered owner
 1143  exclusive ownership and use of the mark or brand for another 10
 1144  year 5-year period ending at midnight on the last day of the
 1145  month 10 5 years from the date of renewal. Failure to make
 1146  application for renewal within the month of expiration of a
 1147  registration will cause the department to send a second notice
 1148  to the registered owner by mail at her or his last known
 1149  address. Failure of the registered owner to make application for
 1150  renewal within 30 days after receipt of the second notice will
 1151  cause the owner’s mark or brand to be placed on an inactive list
 1152  for a period of 12 months, after which it will be canceled and
 1153  become subject to registration by another person.
 1154         Section 33. Section 534.061, Florida Statutes, is repealed.
 1155         Section 34. Subsection (45) is added to section 570.07,
 1156  Florida Statutes, to read:
 1157         570.07 Department of Agriculture and Consumer Services;
 1158  functions, powers, and duties.—The department shall have and
 1159  exercise the following functions, powers, and duties:
 1160         (45)To perform food safety inspection services where raw
 1161  agricultural commodities are grown, produced, harvested, held,
 1162  packed, or repacked.
 1163         Section 35. Subsection (1) of section 573.118, Florida
 1164  Statutes, is amended to read:
 1165         573.118 Assessment; funds; review of accounts; loans.—
 1166         (1) To provide funds to defray the necessary expenses
 1167  incurred by the department in the formulation, issuance,
 1168  administration, and enforcement of any marketing order, every
 1169  person engaged in the production, distributing, or handling of
 1170  agricultural commodities within this state, and directly
 1171  affected by any marketing order, shall pay to the department, at
 1172  such times and in such installments as the department may
 1173  prescribe, such person’s pro rata share of necessary expenses.
 1174  Each person’s share of expenses shall be that proportion which
 1175  the total volume of agricultural commodities produced,
 1176  distributed, or handled by the person during the current
 1177  marketing season, or part thereof covered by such marketing
 1178  order, is of the total volume of the commodities produced,
 1179  distributed, or handled by all such persons during the same
 1180  current marketing season or part thereof. The department, after
 1181  receiving the recommendations of the advisory council, shall fix
 1182  the rate of assessment on the volume of agricultural commodities
 1183  sold or some other equitable basis. For convenience of
 1184  collection, upon request of the department, handlers of the
 1185  commodities shall pay any producer assessments. Handlers paying
 1186  assessments for and on behalf of any producers may collect the
 1187  producer assessments from any moneys owed by the handlers to the
 1188  producers. The collected assessments shall be deposited into the
 1189  appropriate trust fund and used for the sole purpose of
 1190  implementing the marketing order for which the assessment was
 1191  collected. The department is not subject to s. 287.057 in the
 1192  expenditure of these funds. However, the director of the
 1193  Division of Fruit and Vegetables Marketing and Development shall
 1194  file with the internal auditor of the department a certification
 1195  of conditions and circumstances justifying each contract or
 1196  agreement entered into without competitive bidding.
 1197         Section 36. Paragraph (b) of subsection (4) of section
 1198  590.02, Florida Statutes, is amended to read:
 1199         590.02 Florida Forest Service; powers, authority, and
 1200  duties; liability; building structures; Withlacoochee Training
 1201  Center.—
 1202         (4)
 1203         (b) Notwithstanding s. 553.80(1), the department shall
 1204  exclusively enforce the Florida Building Code as it pertains to
 1205  wildfire, and law enforcement, and other Florida Forest Service
 1206  facilities under the jurisdiction of the department.
 1207         Section 37. Paragraph (a) of subsection (5) of section
 1208  597.004, Florida Statutes, is amended to read:
 1209         597.004 Aquaculture certificate of registration.—
 1210         (5) SALE OF AQUACULTURE PRODUCTS.—
 1211         (a) Aquaculture products, except shellfish, snook, and any
 1212  fish of the genus Micropterus, and prohibited and restricted
 1213  freshwater and marine species identified by rules of the Fish
 1214  and Wildlife Conservation Commission, may be sold by an
 1215  aquaculture producer certified pursuant to this section or by a
 1216  dealer licensed pursuant to part VII of chapter 379 without
 1217  restriction so long as the product origin can be identified.
 1218         Section 38. Subsection (2) of section 604.16, Florida
 1219  Statutes, is amended to read:
 1220         604.16 Exceptions to provisions of ss. 604.15-604.34.
 1221  Except for s. 604.22(2), the provisions of ss. 604.15-604.34 do
 1222  not apply to:
 1223         (2) A dealer in agricultural products who pays at the time
 1224  of purchase with United States cash currency or a cash
 1225  equivalent, such as a money order, cashier’s check, wire
 1226  transfer, electronic funds transfer, or PIN-based debit
 1227  transaction, or who pays with a credit card as defined in s.
 1228  658.995(2)(a).
 1229         Section 39. Subsections (2) and (4), and paragraph (b) of
 1230  subsection (5) of section 790.06, Florida Statutes, are amended
 1231  to read:
 1232         790.06 License to carry concealed weapon or firearm.—
 1233         (2) The Department of Agriculture and Consumer Services
 1234  shall issue a license if the applicant:
 1235         (a) Is a resident of the United States and a citizen of the
 1236  United States or a permanent resident alien of the United
 1237  States, as determined by the United States Bureau of Citizenship
 1238  and Immigration Services, or is a consular security official of
 1239  a foreign government that maintains diplomatic relations and
 1240  treaties of commerce, friendship, and navigation with the United
 1241  States and is certified as such by the foreign government and by
 1242  the appropriate embassy in this country;
 1243         (b) Is 21 years of age or older;
 1244         (c) Does not suffer from a physical infirmity which
 1245  prevents the safe handling of a weapon or firearm;
 1246         (d) Is not ineligible to possess a firearm pursuant to s.
 1247  790.23 by virtue of having been convicted of a felony;
 1248         (e) Has not been: committed for the abuse of a controlled
 1249  substance or been
 1250         1. Found guilty of a crime under the provisions of chapter
 1251  893 or similar laws of any other state relating to controlled
 1252  substances within a 3-year period immediately preceding the date
 1253  on which the application is submitted; or
 1254         2.Committed for the abuse of a controlled substance under
 1255  chapter 397 or under the provisions of former chapter 396 or
 1256  similar laws of any other state. An applicant who has been
 1257  granted relief from firearms disabilities pursuant to s.
 1258  790.065(2)(a)4.d. or pursuant to the law of the state where the
 1259  commitment occurred is deemed not to be committed for the abuse
 1260  of a controlled substance under this subparagraph;
 1261         (f) Does not chronically and habitually use alcoholic
 1262  beverages or other substances to the extent that his or her
 1263  normal faculties are impaired. It shall be presumed that an
 1264  applicant chronically and habitually uses alcoholic beverages or
 1265  other substances to the extent that his or her normal faculties
 1266  are impaired if the applicant has been committed under chapter
 1267  397 or under the provisions of former chapter 396 or has been
 1268  convicted under s. 790.151 or has been deemed a habitual
 1269  offender under s. 856.011(3), or has had two or more convictions
 1270  under s. 316.193 or similar laws of any other state, within the
 1271  3-year period immediately preceding the date on which the
 1272  application is submitted;
 1273         (g) Desires a legal means to carry a concealed weapon or
 1274  firearm for lawful self-defense;
 1275         (h) Demonstrates competence with a firearm by any one of
 1276  the following:
 1277         1. Completion of any hunter education or hunter safety
 1278  course approved by the Fish and Wildlife Conservation Commission
 1279  or a similar agency of another state;
 1280         2. Completion of any National Rifle Association firearms
 1281  safety or training course;
 1282         3. Completion of any firearms safety or training course or
 1283  class available to the general public offered by a law
 1284  enforcement agency, junior college, college, or private or
 1285  public institution or organization or firearms training school,
 1286  using instructors certified by the National Rifle Association,
 1287  Criminal Justice Standards and Training Commission, or the
 1288  Department of Agriculture and Consumer Services;
 1289         4. Completion of any law enforcement firearms safety or
 1290  training course or class offered for security guards,
 1291  investigators, special deputies, or any division or subdivision
 1292  of a law enforcement agency or security enforcement;
 1293         5. Presents evidence of equivalent experience with a
 1294  firearm through participation in organized shooting competition
 1295  or military service;
 1296         6. Is licensed or has been licensed to carry a firearm in
 1297  this state or a county or municipality of this state, unless
 1298  such license has been revoked for cause; or
 1299         7. Completion of any firearms training or safety course or
 1300  class conducted by a state-certified or National Rifle
 1301  Association certified firearms instructor;
 1302  
 1303  A photocopy of a certificate of completion of any of the courses
 1304  or classes; an affidavit from the instructor, school, club,
 1305  organization, or group that conducted or taught such course or
 1306  class attesting to the completion of the course or class by the
 1307  applicant; or a copy of any document that shows completion of
 1308  the course or class or evidences participation in firearms
 1309  competition shall constitute evidence of qualification under
 1310  this paragraph. A person who conducts a course pursuant to
 1311  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
 1312  an instructor, attests to the completion of such courses, must
 1313  maintain records certifying that he or she observed the student
 1314  safely handle and discharge the firearm in his or her physical
 1315  presence and that the discharge of the firearm included live
 1316  fire using a firearm and ammunition as defined in s. 790.001;
 1317         (i) Has not been adjudicated an incapacitated person under
 1318  s. 744.331, or similar laws of any other state. An applicant who
 1319  has been granted relief from firearms disabilities pursuant to
 1320  s. 790.065(2)(a)4.d. or pursuant to the law of the state where
 1321  the adjudication occurred is deemed not to have been adjudicated
 1322  an incapacitated person under this paragraph, unless 5 years
 1323  have elapsed since the applicant’s restoration to capacity by
 1324  court order;
 1325         (j) Has not been committed to a mental institution under
 1326  chapter 394, or similar laws of any other state. An applicant
 1327  who has been granted relief from firearms disabilities pursuant
 1328  to s. 790.065(2)(a)4.d. or pursuant to the law of the state
 1329  where the commitment occurred is deemed not to have been
 1330  committed in a mental institution under this paragraph, unless
 1331  the applicant produces a certificate from a licensed
 1332  psychiatrist that he or she has not suffered from disability for
 1333  at least 5 years before the date of submission of the
 1334  application;
 1335         (k) Has not had adjudication of guilt withheld or
 1336  imposition of sentence suspended on any felony unless 3 years
 1337  have elapsed since probation or any other conditions set by the
 1338  court have been fulfilled, or expunction has occurred;
 1339         (l) Has not had adjudication of guilt withheld or
 1340  imposition of sentence suspended on any misdemeanor crime of
 1341  domestic violence unless 3 years have elapsed since probation or
 1342  any other conditions set by the court have been fulfilled, or
 1343  the record has been expunged;
 1344         (m) Has not been issued an injunction that is currently in
 1345  force and effect and that restrains the applicant from
 1346  committing acts of domestic violence or acts of repeat violence;
 1347  and
 1348         (n) Is not prohibited from purchasing or possessing a
 1349  firearm by any other provision of Florida or federal law.
 1350         (4) The application shall be completed, under oath, on a
 1351  form adopted by the Department of Agriculture and Consumer
 1352  Services and shall include:
 1353         (a) The name, address, place of birth, date of birth, and
 1354  race of the applicant;
 1355         (b) A statement that the applicant is in compliance with
 1356  criteria contained within subsections (2) and (3);
 1357         (c) A statement that the applicant has been furnished a
 1358  copy of or a website link to this chapter and is knowledgeable
 1359  of its provisions;
 1360         (d) A conspicuous warning that the application is executed
 1361  under oath and that a false answer to any question, or the
 1362  submission of any false document by the applicant, subjects the
 1363  applicant to criminal prosecution under s. 837.06;
 1364         (e) A statement that the applicant desires a concealed
 1365  weapon or firearms license as a means of lawful self-defense;
 1366  and
 1367         (f) Directions for an applicant who is a servicemember, as
 1368  defined in s. 250.01, or a veteran, as defined in s. 1.01, to
 1369  request expedited processing of his or her application.
 1370         (5) The applicant shall submit to the Department of
 1371  Agriculture and Consumer Services or an approved tax collector
 1372  pursuant to s. 790.0625:
 1373         (b) A nonrefundable license fee of up to $55 $60 if he or
 1374  she has not previously been issued a statewide license or of up
 1375  to $45 $50 for renewal of a statewide license. The cost of
 1376  processing fingerprints as required in paragraph (c) shall be
 1377  borne by the applicant. However, an individual holding an active
 1378  certification from the Criminal Justice Standards and Training
 1379  Commission as a law enforcement officer, correctional officer,
 1380  or correctional probation officer as defined in s. 943.10(1),
 1381  (2), (3), (6), (7), (8), or (9) is exempt from the licensing
 1382  requirements of this section. If such individual wishes to
 1383  receive a concealed weapon or firearm license, he or she is
 1384  exempt from the background investigation and all background
 1385  investigation fees but must pay the current license fees
 1386  regularly required to be paid by nonexempt applicants. Further,
 1387  a law enforcement officer, a correctional officer, or a
 1388  correctional probation officer as defined in s. 943.10(1), (2),
 1389  or (3) is exempt from the required fees and background
 1390  investigation for 1 year after his or her retirement.
 1391         Section 40. This act shall take effect July 1, 2017.